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10/05/1998
MUNICIPALITY OF larington ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: OCTOBER 5, 1998 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of September 21, 1998 (b) Minutes of a Special Meeting of September 21, 1998 4. DELEGATIONS (a) Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M1 — Clarington Fence By-law, File V98/309 5. PUBLIC MEETING (a) Clarington Official Plan Amendment, Part Lot 16, Concession 1, former Township of Clarke REPORT PD-113-98 —JOSEPH & ELIAS MICHAEL 501 6. PLANNING AND DEVELOPMENT DEPARTMENT (a) PD-113-98 - Clarington Official Plan Amendment Joseph and Elias Michael, Part Lot 16, Concession 1, Former Township of Clarke 601 (b) PD-114-98 - Victoria County Draft Official Plan 616 (c) PD-115-98 - Request for Removal of Part Lot Control W.E. Roth Construction, Part Lot 31, Concession 2, Former Township of Darlington 621 (d) PD-116-98 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of September 24, 1998 627 CORPORATION OF THE MUNICIPALITY OF CLARINGTON G.P.& A. Agenda - 2 - October 5, 1998 (e) PD-117-98 - Request for Removal of Part Lot Control 290572 Ontario Ltd., Part Lot 29, Concession 2, Former Township of Darlington, Northwest Corner of Courtice Road & Sandringham Drive 634 (f) PD-118-98 - Request for Removal of Part Lot Control Wil-Swar Enterprises Ltd. (Former Hydro Easement) Part of Block F, Registered Plan No. 702, Part Lot 13, Concession 1 Former Town of Bowmanville, Now Parts 1 to 28 Inclusive on Plan 40R-18065 641 (g) PD-119-98 - Bill 96 — Tenant Protection Act 653 7. CLERK'S DEPARTMENT (a) CD-49-98 - Council Meeting — October 13, 1998 701 (b) CD-50-98 - Fencing of Dog Owners Properties 702 (c) CD-51-98 - Confidential Report - Property Matter (to be distributed under separate cover) (d) CD-52-98 - Animal Services Monthly Report for July 1998 704 8. TREASURY DEPARTMENT (a) TR-73-98 - Cash Activity Report —June 1998 801 (b) TR-74-98 - Cash Activity Report —July 1998 810 (c) TR-75-98 - CL98-17 Farewell Creek Bank Stabilization 818 I (d) TR-76-98 - Review of Municipal Investment Policy 829 (e) TR-77-98 - Tender CL98-19, Install Rubberized Flooring Darlington Sport Complex 843 9. FIRE DEPARTMENT No Reports I G.P.& A. Agenda - 3 - October 5, 1998 10. COMMUNITY SERVICES DEPARTMENT (a) CS-14-98 - Clarington Kids of Steel 1001 (b) CS-15-98 - 1998 Summer Day Camp 1004 11 . PUBLIC WORKS DEPARTMENT (a) WD-50-98 - Status of the "Mast Road" 1101 (b) WD-51-98 - Skatepark — Garnet B. Rickard Recreation Complex 1107 12. ADMINISTRATION i No Reports 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 15. ADJOURNMENT i I i THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee September 21, 1998 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 21, 1998 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor D.Hamre Councillor J.Mutton Councillor M.Novak Councillor J.Rowe Councillor J. Schell Councillor C.Trim Councillor T.Young Also Present: Chief Administrative Officer,W.Stockwell Director of Community Services,J.Caruana Fire Chief, M.Creighton Treasurer,M.Marano Director of Public Works,S.Vokes j Director of Planning and Development,F.Wu Deputy Clerk,M.Knight Mayor Hamre chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST Councillor Rowe indicated that she would be disclosing a pecuniary interest with respect to Report WD-48-98. MINUTES Resolution#GPA-493-98 Moved by Councillor Trim,seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on August 31 1998,be a pp roved. "CARRIED" Mayor Harare advised that the Parkinson Foundation of Canada will be holding its II Y "super walk" in Ajax on September 27, 1998. This is an annual event which is held throughout Canada. I 301 i I i G.P. &A. Minutes -2- September 21, 1998 I DELEGATIONS i Resolution#GPA-494-98 Moved by Councillor Trim,seconded by Councillor Mutton i THAT Libby Racansky be allowed to address Members of the Committee after Bill Mason's delegation. "MOTION LOST" (a) Libby Racansky,3200 Hancock Road,Courtice,LIE 2M1—re: Report PD-107-98 and PD-108-98 advised that,if these developments are approved, wells in the surrounding areas will be adversely impacted. She stated that the increased densities in Courtice created by major development have adversely impacted on wells,streams,the environment and wildlife habitat. (b) Bill Manson,WDM Consultants,20 Clematis Road,Willowdale,M2J 4X2 —advised that he is in support of the recommendations contained in Reports PD-106-98,PD-107-98 and PD-108-98. He noted that each of the two subdivisions referred to in Reports PD-107-98 and PD-108-98 has three times the required parking area. He noted his willingness to adhere to Condition#19 of the subdivision agreement pertaining to the Regional Well Interference Policy and gave his word to members of the Committee that the developer would adhere to all requirements of the municipality throughout the construction process. (c) Glen Genge,Greer Galloway Group Inc.,40 King Street West,Oshawa, L1H 1A4—noted concurrence with the recommendations contained in the Addendum to Report PD-97-98 and requested that they be approved forthwith. (d) Hugh Neill,2111 Prestonvale Road,Courtice,LIE 2S2—advised prior to the meeting that he would not be in attendance. Councillor Novak chaired this portion of the meeting. 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 I Meeting for the following applications: (a) Clarington Official Plan Amendment—Part Lots 25 and 26,Concession 7, former Township of Darlington—James and Gladys Millson (b) Official Plan Amendment—Part Lot 28,Concession 3,former Township of Clarke—Barry Jones on behalf of Spero,Peter,Matina and John Sotiriadis I (c) Proposed Zoning Amendment—Construction of Larger Garages in New Homes-Municipality of Clarington I I I 3 02 i G.P. & A. Minutes -3- September 21, 1998 PUBLIC MEETING CONT'D The Deputy Clerk advised that the Rezoning Applications were sent by first class mail on or before August 21, 1998,to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. In addition,notices were also posted on the sites prior to August 21, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act, The Clerk's Department sent public notice for the official plan amendment applications by first class mail on or before August 21, 1998 to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment records. In addition,notices were also posted on the sites prior to August 21, 1998. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendment,then the objectors would be heard,followed by the supporters and the applicant. I (a) Report PD-103-98—James and Gladys Millson—the purpose and effect of this application is to permit the severance of a dwelling surplus to a farming operation. No one spoke in opposition to or in support of this application. James Millson,6899 Solina Road,R.R.#1,Enniskillen,LOB IJO-described the background of the application and noted that,although he can satisfy Sections B and C of Section 13.3.8 of the Clarington Official Plan,he wishes to maintain his existing lot lines. I (b) Report PD-104-98—Barry Jones on behalf of Spero,Peter,Matina and John Sotiriadis—the purpose and effect for this application is to permit the establishment of a golf driving range and miniature golf course. Evylin Stroud,89 Little Avenue,Bowmanville,L1C 1J9—expressed opposition to this proposal on the basis that prime agricultural land is being redesignated to permit the establishment of a golf driving range and miniature golf course. She suggested the proponent build the golf driving range elsewhere. Mavis Carlton, 119 Cove Road,R.R.#2, Bowmanville, LIC 3K3—requested clarification as to the location of the entrance and would have a concern it'it is located on Highway#35. No one spoke in support of this application. Spero Sotiriadis,3211 Highway#35/115,Newcastle,LIN 1 L9—advised that these prime agricultural lands have not been farmed for many years. Prior to his owning this property,the land was being used for grazing horses. He noted that access and egress would be created at the existing entrance to the farm. (c) Report PD-105-98—Municipality of Clarington the purpose and effect of this application is to amend the general provisions of By-law 84-63 to iner�-ase the size of a single car garage in new homes to accommodate both the i arking and storage of household items. i i G.P. &A. Minutes -4- September 21, 1998 PUBLIC MEETING CONT'D Jamie MacInnis, 1333 Boundary Road,Unit#4,Oshawa,L1J 6Z7- President of the Durham Home Builders Association noted the following points: was parking addressed as part of the Clarington Official Plan process? • there is an existing standard for garages throughout the Region of Durham • he circulated a sample of the ramifications associated with the loss of living space if the requirement for garage spaces is increased • increasing the size of garages could jeopardize the viability of a construction � project • if larger garages are approved,the industry would require that 45 percent lot coverage be increased to 50 percent • if garage sizes are increased what will happen to subdivisions which have already been approved? He suggested that,to alleviate the parking problems,on-street parking should be permitted through a"permits system". He noted that adding storage space in garages will not necessarily be the"be all and end all". He noted that Members of the Durham Home Builders Association would be willing to participate and dialogue with members of staff in an attempt to resolve this issue. i Libby Racansky,3200 Hancock Road,Courtice,L1E 2H4—suggested that the problem of parking in the municipality may be reduced by increasing lot sizes. Kelvin Whalen,Chair of the Durham Urban Development Institute,c/o The Kaitlin Group Ltd., 1029 McNicoll Avenue,Scarborough,M1 W 3W6—noted his concurrence with the comments made by Mr.MacInnis and noted that he and members of the Urban Development Institute are willing to"brainstorm"with staff and the Durham Home Builders Association to find a positive solution to the parking problem. Leigh-Anne Calhoun,59 Jackman Road,Blk 10,Apt. 106,Bowmanville, L 1 C 4V5—suggested that garage doors be installed in the front and in the back to allow for a car parked in the garage to drive forward to allow parking for the next car. Evylin Stroud,87 Little Avenue,Bowmanville,L1C 1J9—spoke in support of the application noting that cars parked on the street create safety hazards for children,adults and emergency vehicles. She advised that the quality of life of the residents would improve if larger lots were created. She requested that the issue of parking garages being turned into living space be investigated. Mavis Carlton, 119 Cove Road,Bowmanville,L1C 3K3—expressed support for increasing the size of garages. She suggested that the mindset that first time home buyers can only afford small units on small lots should be changed because, in her estimation,the prime market is people buying"down"and lot sizes should therefore be increased. She challenged the Municipality of Clarington to be an innovator in this area. r 304 G.P. & A. Minutes -5- September 21, 1998 PLANNING AND DEVELOPMENT DEPARTMENT Resolution#GPA-495-98 Moved by Mayor Hamre,seconded Councillor Mutton THAT the Committee recess for 20 minutes. "CARRIED" The meeting in reconvened at 11:20 a.m. ! Clarington Resolution#GPA-496-98 Official Plan Amendment Moved by Councillor Rowe,seconded by Mayor Hamre James&Gladys Millson THAT Report PD-103-98 be received; D09.COPA.98.002 THAT the application to amend the Clarington Official Plan,submitted by James and Gladys Millson,be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and THAT the Durham Region Planning Department,all interested parties listed in Report PD-103-98 and any delegation be advised of Council's decision. "CARRIED" Clarington Resolution#GPA-497-98 Official Plan& Zoning By-law Moved by Councillor Mutton,seconded by Councillor Trim Amendment Sotiriadis THAT Report PD-104-98 be received; D14.DEV.98.046 THAT the application to amend Comprehensive Zoning By-law 84-63,as amended, and the application to amend the Clarington Official Plan,as amended,submitted by Barry Jones on behalf of Peter,Matina,John and Spero Sotiriadis,be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments;and THAT the Durham Region Planning Department,all interested parties listed in Report PD-104-98 and any delegations be advised of Council's decision. "CARRIED" Proposed Zoning Resolution#GPA-498-98 Amendment Increase Size of Moved by Mayor Hamre,seconded by Councillor Schell Garages D 14.DEV.98.054 WHEREAS serious concerns have been expressed pertaining to the parking problems in Clarington; NOW THEREFORE BE IT RESOLVED THAT Report PD-105-98 be tabled to allow for serious dialogue with the Durham Home Builders Association and the Urban Development Institute in an effort to resolve this issue. "CARRIED" J:U G.P. & A. Minutes -6- September 21, 1998 I I PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Amendment to Resolution#GPA-499-98 Clarington Official Plan Moved by Councillor Young,seconded by Mayor Hamre Claret Inv. Ltd. & Uvalde Inv. Co. THAT Report PD-106-98 be received; D09.COPA.97.007 THAT the Ontario Municipal Board be requested to: i) with respect to the private Official Plan Amendment appeal,to amend the Clarington Official Plan by incorporating in the changes set out in proposed OPA No. 10; ii) with respect to Referral No.3,to modify in accordance with Modification No. 171 contained in Attachment No.2 to Report PD-106-98,the referred provisions of the Clarington Official Plan,amended by proposed OPA No. 10 set out in recommendation 2(i)and to approve the referred provision of the Official Plan as so amended and modified;and f I iii) to refuse to approve the application to amend the former Town of Newcastle Official Plan(File:OPA 92-N/007)and to dismiss the appeal in respect of it. THAT the revisions to Amendment No. 10 be deemed minor in nature and that a new Public Meeting to consider the revised Amendment be deemed not necessary; and; THAT a copy of the decision of Council be forwarded to the Regional Planning Department,the applicant and any delegation. "CARRIED" Resolution#GPA-500-98 Moved by Mayor Hamre,seconded by Councillor Young THAT staff be requested to review and report on imposing a financial requirement on developers before a subdivision is approved to ensure that trees are not removed prematurely without the approval of the Municipality. "CARRIED" Revised Plan of Resolution#GPA-501-98 Subdivision& Rezoning Moved by Councillor Schell,seconded by Councillor Mutton Claret Inv. Ltd. & Uvalde Inv. Co. THAT Report PD-107-98 be received; D 12.18T.92014 THAT the By-law contained in Attachment No.2 to Report PD-107-98 be given two readings but not be finally enacted by Council; THAT the Ontario Municipal Board(OMB)be requested to: i) approve the revised draft plan of subdivision 18T-92014 subject to the conditions contained in Attachment No. I to Report PD-107-98;and i 306 G.P.&A. Minutes -7- September 21, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D ii) allow the appeal by Claret Investments Ltd.and Uvalde Investment Co. (formerly Rexgate Holdings Ltd.)by enacting the zoning by-law amendment as detailed in Attachment No.2 to Report PD-107-98. THAT the Mayor and Clerk be authorized,by by-law,to execute the Subdivision Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development in the event that the OMB orders draft approval of the subdivision; symbols be removed b By-law u THAT the Holding(H)sym y on the execution of a y P Subdivision Agreement in the event that the OMB orders the approval of the zoning by-law;and THAT all interested parties listed in Report PD-107-98 and any delegation be advised of Council's decision. "CARRIED" f Revised Plan Resolution#GPA-502-98 of Subdivision& Rezoning Moved by Councillor Mutton,seconded by Mayor Harare Applications Claret Inv. Ltd. & THAT Report PD-108-98 be received; Uvalde Inv. Co. D12.18T.94027 THAT the By-law contained in Attachment No.2 to Report PD-108-98 be given two readings but not be finally enacted by Council; THAT the Ontario Municipal Board(OMB)be requested to: i) approve the revised draft plan of subdivision 18T-94027 subject to the conditions contained hi Attachment No. 1 to Report PD-108-98;and allow the appeal by Claret Investments Ltd.and Uvalde Investment Co. (formerly Rexgate Holdings Ltd.)by enacting the zoning by-law amendment as detailed in Attachment No.2 to Report PD-108-98. THAT the Mayor and Clerk be authorized,by by-law,to execute the Subdivision Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development in the event that the OMB orders draft approval of the subdivision; THAT the Holding(H)symbols be removed by By-law upon the execution of a Subdivision Agreement in the event that the OMB orders the approval of the zoning by-law; and THAT all interested parties listed in Report PD-108-98 and any delegations be advised of Council's decision. "CARRIED" 307 G.P. & A. Minutes -8- September 21, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Exemption from Resolution#GPA-503-98 Part Lot Control 290572 Ontario Inc. Moved by Councillor Schell,seconded by Councillor Rowe D14.DEV.98.055 THAT Report PD-109-98 be received; THAT the request for removal of Part Lot Control in respect of Block 38 on Plan 40M-1779 be approved; THAT the by-law,attached to Report PD-109-98 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7.1)of the Planning Act; and THAT all interested parties listed in Report PD-109-98 and any delegations be j advised of Council's decision. "CARRIED" 1 Rezoning Resolution#GPA-504-98 Application Clarington Moved by Councillor Trim,seconded by Councillor Young Retail Farm Stands THAT Report PD-110-98 be received; D14.DEV.97.055 THAT the issue of farm produce outlets be considered and reviewed within the context of the comprehensive review and drafting of the new zoning by-law for the Municipality of Clarington;and THAT all interested parties listed in Report PD-110-98 and any delegations be advised of Council's decision. "CARRIED" Decisions of Resolution#GPA-505-98 Committee of j Adjustment Moved by Councillor Trim,seconded by Councillor Mutton August 27, 1998 THAT Report PD-111-98 be received; THAT Council concur with decisions of the Committee of Adjustment made on August 27, 1998 for Applications A98/035 to A98/039, inclusive;and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A98/035 to A98/039 inclusive, in the event of an appeal. "CARRIED" -708 G.P. &A. Minutes -9- September 21, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Urban Design Resolution#GPA-506-98 &Transportation Study Moved by Councillor Schell,seconded by Councillor Rowe THAT Report PD-112-98 be received for information. "CARRIED" Resolution#GPA-507-98 Moved by Mayor Hamre,seconded by Councillor Schell THAT the order of the agenda be altered to allow for consideration of the Addendum to Report PD-97-98 listed under"Unfinished Business"at this time. "CARRIED" i I Application& Resolution#GPA-508-98 Proposed Plan of Subdivision Moved by Councillor Schell,seconded by Councillor Trim Bayly Holdings THAT Addendum to Report PD-97-98 be received; THAT Report PD-97-98 be received; THAT the application for proposed draft plan of subdivision 18T-96014,submitted by the Greer Galloway Group Inc.on behalf of Bayly Holdings Ltd.revised and jdated September 15, 1998,and as further red-line revised,be partially approved subject to the conditions contained in Attachment No.2 to Addendum Report PD-97-98; THAT the Mayor and Clerk be authorized,by By-law,to execute a Subdivision Agreement between the Owner and the Municipality of Clarington,at such time as a Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the application to amend the former Town of Newcastle,Comprehensive zoning By-law 84-63,as amended,submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd.be approved in part as contained in Attachment No. 3 to the Addendum to Report PD-97-98; THAT the Municipality of Clarington recommend to the Region of Durham that the conditions of Draft Approval,issued September 1, 1998,for plan of subdivision 18T-90050,be amended to include the conditions contained within Attachment No. 4 to the Addendum to Report PD-97-98; i THAT a copy of the Addendum to Report PD-97-98 and Council's decision be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in the Addendum to Report PD-97-98 and any delegations be advised of Council's decision,FORTHdWITH. "CARRIED" S09 i i G.P. &A. Minutes - 10- September 21, 1998 j Councillor Trim chaired this portion of the meeting. I CLERK'S DEPARTMENT Animal Services Resolution#GPA-509-98 Monthly Report May, 1998 Moved by Councillor Novak,seconded by Councillor Schell THAT Report CD-42-98 be received for information;and THAT a copy of Report CD-42-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Animal Services Resolution#GPA-510-98 Monthly Report June, 1998 Moved by Councillor Mutton,seconded by Councillor Schell THAT Report CD-43-98 be received for information;and 4 THAT a copy of Report CD-43-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED„ i Parking Enforcement Resolution#GPA-511-98 Month of August, 1998 Moved by Councillor Schell,seconded by Councillor Young i THAT Report CD-44-98 be received for information;and THAT a copy of Report CD-44-98 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Format of Resolution#GPA-512-98 Council Agendas Moved by Councillor Mutton,seconded by Councillor Rowe THAT Report CD-45-98 be received for information. "CARRIED" Official Opening Resolution#GPA-513-98 Animal Shelter Moved by Councillor Novak,seconded.by Councillor Rowe THAT Report CD-46-98 be received for information. "CARRIED" 310 i G.P. &A. Minutes - 1 1 - September 21, 1998 Councillor Mutton chaired this portion of the meeting. TREASURY DEPARTMENT Lease Agreement Resolution#GPA-514-98 247 King Street E Newcastle Moving by Councillor Trim,seconded by Councillor Schell THAT Report TR-71-98 be received; THAT the By-law,attached to Report TR-71-98 marked Schedule"A"be approved,authorizing the Mayor and the Clerk to sign a rental agreement with Claude Miller;and THAT Claude Miller be advised of Council's actions. "CARRIED" i Councillor Schell chaired this portion of the meeting. FIRE DEPARTMENT Monthly Fire Resolution#GPA-515-98 Report August 1998 CI l.FD Moved by Mayor Hamre,seconded by Councillor Young THAT Report FD-13-98 be received for information;and THAT a letter of appreciation be forwarded by Mayor Hamre and Members of jCouncil thanking all of the Firefighters for their volunteer efforts which benefit all members of the community. "CARRIED" Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT Canada World Resolution#GPA-516-98 Youth Exchange Program Moved by Councillor Young,seconded by Councillor Schell THAT Report CS-13-98 be received for information. "CARRIED" Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Councillor Rowe disclosed a pecuniary interest with respect to Report WD-48-98 and refrained from discussion and voting on the matter. Councillor Rowe's spouse is a b,isiness partner of one of the applicants listed in the report. 311 G.P.&A. Minutes - 12- September 21, 1998 i PUBLIC WORKS DEPARTMENT CONT'D Monthly Building Resolution#GPA-517-98 Permit Activity August 1998 Moved by Councillor Trim,seconded by Councillor Schell P10.MO i THAT Report WD-48-98 be received for information. "CARRIED" Proposed Extended Resolution#GPA-518-98 I Hours of Handi Transit Moved by Councillor Schell,seconded by Councillor Rowe THAT Report WD-49-98 be received for information; I THAT a 16 week trial period be approved to provide evening,weekend and holiday service by sharing the existing after-hours Oshawa bus with Oshawa and Whitby by applying an hourly rate to the Clarington budget as residents need the service; and THAT Ben Chartier advise Council at the end of November of the progress of the test period and recommendation as to continuance or termination of the extended hours. "CARRIED" Mayor Harare chaired this portion of the meeting. ADMINISTRATION 'i There were no reports considered under this section of the agenda. UNFINISHED BUSINESS i Resolution#GPA-519-98 Moved by Councillor Rowe,seconded by Councillor Novak THAT the correspondence received from Glen Gaudet,Head Coach and Sadie Bulger,participant,Ontario '99 Ringette Canada Winter Games requesting financial support,be received; THAT the Municipality of Clarington forward a cheque in the amount of$100.00 in support of this endeavour;and THAT Glen Gaudet and Sadie Bulger be advised that the Municipality of Clarington fully supports her efforts. "CARRIED" 312 G.P. &A. Minutes - 13 - September 21, 1998 I UNFINISHED BUSINESS CONT'D Addendum Resolution#GPA-508-98, Page 9. Report PD-97-98 Resolution#GPA-520-98 I Moved by Councillor Schell,seconded by Councillor Rowe THAT the delegation of Libby Racansky be acknowledged. "CARRIED" OTHER BUSINESS There were no items of business considered under this section of the agenda. r ADJOURNMENT r Resolution#GPA-521-98 Moved by Councillor Young,seconded by Councillor Schell THAT the meeting adjourn at 12:15 p.m. "CARRIED" 1 MAYOR i i DEPUTY CLERK i i i THE MUNICIPALITY OF CLARINGTON Special General Purpose and Administration Committee September 21, 1998 Minutes of a special meeting of the General Purpose and Administration Committee held on Monday, September 21, 1998 at 1:30 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor D.Hamre Councillor J.Mutton Councillor M.Novak I Councillor J.Rowe Councillor J. Schell Councillor C.Trim Councillor T.Young Also Present: Chief Administrative Officer,W. Stockwell Director of Community Services,J. Caruana Fire Chief, M.Creighton Treasurer,M.Marano Director of Public Works, S. Vokes Director of Planning and Development,F. Wu Clerk,P.Barrie Mayor Hamre chaired this portion of the meeting. I DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest for this meeting. I DELEGATIONS (a) Bev Azevedo, 132 Turnberry Crescent,Courtice,LIE 1B2 advised that she would not be addressing Committee at this time. Councillor Mutton chaired this portion of the meeting. REPORTS 1998 Current Resolution#GPA-522-98 Budget Moved by Councillor Schell, seconded Councillor Novak THAT Report TR-72-98 be received for information; THAT the 1998 Current Budget which includes the Executive Summary and external budgets,be approved; THAT the by-laws attached to Report TR-72-98 to levy the 1998 tax rates for Region and Education purposes be recommended to Council for approval; 313 Special G.P. &A,Minutes -2- September 21, 1998 REPORTS CONT'D THAT Council provide direction regarding the request for$12,000 for Wilmot Creek Watershed Plan(Attachment#4 to Report TR-72-98);and THAT the Treasury Department notify the Clarington Library Board of Council's actions. "SEE FOLLOWING AMENDING MOTIONS" Councillor Mutton,chair of the Treasury Department and the Chief Administrative Officer provided comments related to the 1998 Budget process. The Treasurer provided an explanation of the figures contained within the tax lev y Y analysis. Rick Morrison, Chair,Library Y Board together with Cynthia Mearns, Chief Librarian,provided an overview of the Library's request for a budget increase of $174,966,00. Resolution#GPA-523-98 Moved by Councillor Novak,seconded by Councillor Rowe THAT the foregoing Resolution#GPA-522-98 be amended by adding the following thereto: "THAT the 1998 Current Budget request of the Clarington Library Board be approved in the amount of$100,000.00. "CARRIED" Resolution#GPA-524-98 Moved by Mayor Hanve,seconded by Councillor Schell THAT the remainder of the Clarington Library Board budget request be referred back to the Library Board;and THAT the Library Board be requested to report back to Council on how the allocation of$100,000,00 will impact library services across the municipality. "CARRIED" Resolution#GPA-525-98 Moved by Mayor Hamre,seconded by Councillor Trim THAT the foregoing Resolution#GPA-522-98 be amended by deleting the fourth paragraph and replacing it with the following: "THAT the Ganaraska Region Conservation Authority report to Council on the status of the reserve funds they hold on behalf of the municipality and provide a full cost accounting of the total watershed program cost for the Wilmot Creek,including a break down of previous watershed studies completed and how they were funded. "CARRIED" i 314 Special G.P. &A.Minutes -3- September 21., 1998 REPORTS O S CONT'D The foregoing Resolution#GPA-522-98 was then put to a vote and CARRIED AS AMENDED. UNFINISHED BUSINESS Mayor Hamre chaired this portion of the meeting. Resolution#GPA-526-98 Moved by Councillor Schell,seconded by Councillor Mutton THAT the presentation from the Clarington Library Board be acknowledged with appreciation. "CARRIED" OTHER BUSINESS There were no matters of business considered under this section of the agenda. ( ADJOURNMENT Resolution#GPA-527-98 Moved by Councillor Young,seconded by Councillor Schell THAT the meeting adjourn at 2:53 p.m. "CARRIED" i I i MAYOR I _ DEPUTY CLERK I i I 315 CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT- PD-113-98 NOTICE OF PUBLIC MEETING Joseph & Elias Michael TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed Official Plan Amendment under Section 17 of the Planning Act 1990, as amended. The proposed Official Plan Amendment submitted by Dale Toombs on behalf of Joseph and Elias Michael would allow the creation of a lot for a dwelling deemed surplus to the farm operation in Part Lot 16, Concession 1, former Township of Clarke. (as shown on reverse) The lands in questions are also subject to the following application: Durham Region Official Plan Amendment (ROPA 98-003). ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. Please note that the time listed below reflects the time at which the General Purpose and Administration Committee Meeting commences, not necessarily when this item will be considered. IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, it should be made to Mr. Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development at the municipal address given below. IF YOU wish to be notified of the adoption of the proposed Official Plan Amendment you must make a written request to the Clerk's Department of the Municipality of Clarington, 40 Temperance Street, Bowmanville, Ont. L1 C 3A6. DATE: MONDAY, OCTOBER 5, 1998 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario IF A PERSON C:\ PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed Official Plan Amendment does not make oral submissions at a public meeting or make written submissions to the F:lunicipality of C:_angton before the proposed Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or par-, -)f the appeal. �,DDITIONAL 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-C p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, E-o,vmanville, Or.-_m- o or by calling Heather Brooks at 623-3379. DATED AT E MUNICIPALITY OF GLARING ON THIS Coatti 1 me, I Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: COPA 98-004 CLERICS FILE: D09 .coPA 98-00= 501 SUBJECT SITE PROPOSED SURPLUS DWELLING LOT OTHER LANDS OWNED BY APPLICANT 20 19 18 17 16 15 14 13 12 - i ; o IIH�GH A)/ r- z II 2 I1 I z o" ii Ii 0 I it II 11 (n mll HIGHWAY 11401 II V) w — o �-- ILI, z � I II I 0 -r I U O I ry pESSI N RdAD 1 i I...... I 1II I I I 1 i 1I 1 I ...'••I I...... :"... :: :. :: ; U z[� 10 0 I 0 I I U I I I i ... .... I I i t f- II ' I i .... .... ... IW ! I Z = . LAKE ORE i P.R. i ROAD I I Z C.N.R. w L,q�E ON . :O CLARKE GOIPA. 98_004 KEY MAP 502 DN: PD-113-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, October 5, 1998 Res. # Report #: PD-113-98 FILE #: COPA 98-004 By-law # Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICANT: JOSEPH & ELIAS MICHAEL PART LOT 16, CONCESSION 11 FORMER TOWNSHIP OF CLARKE I FILE NO.: COPA 98-004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-113-98 be received ; 2. THAT application to amend the Clarington Official Plan, as amended, submitted by Dale Toombs on behalf of Joseph and Elias Michael, be APPROVED as provided for in Amendment No. 11 to the Clarington Official Plan, as detailed in Attachment No. 5 to this Report; 3. THAT the necessary By-law to adopt Amendment No. 11 to the Clarington Official Plan, be passed and that Amendment No. 11 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; and, 4. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision 1 . APPLICATION DETAILS 1.1 Applicant and Owner: Joseph and Elias Michael 1.2 Clarington Official Plan Amendment: from General Agricultural Area to a designation appropriate to permit the severance of a dwelling surplus to a farm operation. z n i REPORT NO.: PD-113-98 PAGE 2 2. LOCATION 2.1 The subject lands are located in Part of Lot 16, Concession 1, former Township of Clarke. The property has the following municipal address: 1287 Morgans Road. The lands are situated between Highway #401 to the north and Concession Road 1 to the south. The applicant also owns lands south of Concession Road 1 and south of Lakeshore Road. (see Attachment No. 1) 3. BACKGROUND 3.1 On April 23, 1998, Staff received a request from the Region of Durham to respond to an application the Michael's submitted to amend the Durham Region Official i Plan. On June 29, 1998 Clarington Council recommended to the Region of Durham that the application to amend the Durham Region Official Plan (OPA 98- 003) be approved (PD-77-98). In the accompanying report, Staff noted that the applicant would have to submit an application for amendment to the Clarington Official Plan. 3.2 On September 9, 1998 Durham Region Council approved the Michael's application as Amendment No. 48 to the Durham Region Official Plan. 3.3 On August 19, 1998, the Municipality of Clarington Planning Department received an application to amend the Clarington Official Plan. The application was circulated to various agencies for comment on August 24, 1998. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: The south portion of the subject land is cultivated. The north portion is uncultivated and possesses a residence. A hydro corridor passes through the middle of the parcel. 602 I REPORT NO.: PD-113-98 PAGE 3 Surrounding Uses: North — Highway 401 South - Non-farm residence (severed from the subject lands prior to 1970), Ontario Hydro right-of-way and Agricultural land East - Forested area West - Agricultural land 5. PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property and a new residential lot may be created. The Policy Statement defines a "Residence Surplus to a Farming Operation" as "one or two or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)". I 6. OFFICIAL PLAN POLICIES 6.1 Regional Official Plan The Durham Region Official Plan designates the subject lands "General Agricultural". Lands so designated shall be used primarily for agricultural purposes. The severance of a surplus dwelling is permitted if it is the result of consideration of abutting farm parcels into one parcel. However, an amendment to the Plan is required if the surplus dwelling occurs through the acquisition of a non-abutting farm parcel. Amendment No. 48 to the Durham Region Official Plan was adopted by Regional Council on September 9, 1998. A copy of Amendment No. 48 is provided in Attachment No. 3. 6.2 Clarington Official Plan The subject lands are designated "General Agricultural Area" and "Environmental - tiny REPORT NO.: PD-113-98 PAGE 4 Protection" in the Clarington Official Plan. .Lands designated "General Agricultural Area" shall be predominantly used for farm purposes. Lands designated "Environmental Protection" reflect the tributary which flows just south of the subject house. 6.3 An amendment to the Clarington Official Plan may be permitted if a farmer wishes to sever a dwelling rendered surplus due to the acquisition of a non-abutting farm provided: a) a retirement or intra-family lot has not been severed since January 1, 1974f- b) the farm to be acquired is a minimum of 40 hectares; C) the dwelling to be severed is not required for farm employees; d) the surplus dwelling lot is generally less than 0.6 hectares; and e) it is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. i 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". Farm uses shall prevail on lands zoned "Agricultural". Lands zoned "Environmental Protection" shall be used primarily for conservation. 7.2 Within the agricultural zone, the minimum lot size is 40 ha. However, Section 6.3 (g) of the Zoning By-law states that where a lot is severed in accordance with the governing official plans, the original lot from which the lot has been severed shall be deemed to be a legal non-conforming lot with respect to lot area requirements. 7.3 The Zoning By-law does not permit residential dwellings within the "EP" zone. In fact, it requires all structures to be located a minimum of 3 metres from an 604 REPORT NO.: PD-113-98 PAGE 5 "Environmental Protection" zone. However, since the structure predates the Zoning By-law it is considered legal non-conforming. 8. PUBLIC PARTICIPATION 8.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, notice was given as follows: • Public Meeting sign for the application was installed on the site; • written notice was circulated to all assessed property owners within 120 metres of the subject lands. 8.2 The Durham Region Federation of Agriculture advised in writing that they support this application provided that: • no further severances be allowed from the remaining farm parcel; • that the surplus dwelling lot size be kept as close as possible to the minimum requirement of 0.4 hectares; • that the limits of the surplus dwelling lot should extend north to Highway 401. 9. AGENCY COMMENTS 9.1 Staff circulated the application and the following agencies had no objection to the application: • Clarington Fire Department • Durham Region Health Department Comments have yet to be received from: • Durham Region Planning Department • Ganaraska Region Conservation Authority • Ministry of Transportation - hn � REPORT NO.: PD-113-98 PAGE 6 9.2 Although comments have not been received from the GRCA, their comments on the amendment to the Regional Official Plan Amendment indicated no objection. The Authority advised that an intermittent cold water stream which drains the wetlands north of Highway 401 and forms part of the headwaters of Bondhead Creek, runs through the property. In addition, the proposed property is completely located within the Fill and Construction Limits. A permit under Ontario Regulation 148/90 would be required if any development or grading occurs on the property. 9.3 The Durham Region Health Unit, in their comments with respect to the Region Official Plan amendment application advised the Municipality that the septic and well location would not be impacted upon by reduction of the lot size. Final configuration of the lot size would require their review. This can be achieved through the consent process. 9.4 Through the circulation of the application to amend the Durham Region Official Plan, no objections were received from the circulated agencies. As such, the Durham Region Planning Department recommended approval of the application as Amendment #48 to the Durham Region Official Plan. 10. STAFF COMMENTS 10.1 The applicants own 128 hectares and rents an additional 23 hectares of land. They grow predominantly cauliflower, bok Choy and chinese cabbage. They have rented the subject 27.5 hectare parcel from which they wish to sever the house from, for six years. The Michael's placed an offer to purchase this parcel, and the offer was accepted in December 1997. 10.2 Dale Toombs (Agricultural and Rural Land Use Consulting) prepared an Agricultural Assessment which provides information regarding the Michael's farm operation including farm viability and housing requirements. The consultant states that the 606 REPORT NO.: PD-113-98 PAGE 7 applicants are full time farmers and that the farm operation encompasses four farm parcels totalling 128 hectares of which 87 hectares are used for vegetable production. Mr. Toombs notes that the Michael's live in 2 homes located on Lakeshore Road. He goes on to state that there is no need for year-round housing accommodation for farm employees. The 13 seasonal offshore employees required at harvest time are housed in trailers. The report also stated that the application complies with the Provincial Policy Statement and with Minimum Distance Separation regulations. Staff concur with these comments. 10.3 The proposed severed lot is zoned in part "Environmental Protection". Municipal assessment records reveal that the house was constructed in 1880. This structure predates the Zoning By-law and as such is considered legal non-conforming. The Ganaraska Conservation Authority had no objection to the location of the house in relation to the intermittent tributary. 10.4 A local official plan amendment is required in order to permit the creation of a new lot for a dwelling rendered surplus as a result of the acquisition of a non-abutting parcel. In review of this amendment application, it is apparent that the following criteria within the Clarington Official Plan can be met. • A retirement or intra-family lot has not been previously severed since January 1, 1974. Records indicate that there have been no retirement or intra-family lots created since 1974. • It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. The applicant has stated that they are in agreement with this regulation and that they will not 607 REPORT NO.: PD-113-98 PAGE 8 apply for a severance for retirement purposes. Implementation of this requirement shall be a condition of consent. • The dwelling to be severed in not required for farm employees. The applicant retained Dale Toombs who is an agricultural and rural land use consultant. He made a submission on the Michael's behalf stating that there is no need for this particular farm operation to house workers throughout the year. Apparently 13 offshore labourers are hired on a seasonal basis. The employees live in 2 trailers located on the farm. Dale Toombs notes that seasonal housing is regulated by the Ministry of Health and is inspected annually. 10.5 The application, as submitted, does not meet two of the criteria established in the Official Plan as follows: • The surplus dwelling lot is "generally" less than 0.6 hectares. The Official Plan tries to minimize the impact of any surplus dwelling severance on agricultural lands by limiting the size of any severed parcel. The applicant proposes that the lot be 76 metres deep with 120 metres of frontage (0.9 ha). The depth is consistent with that of the existing lot located just south of the proposed severed lot. The 120 metres of frontage would provide the proposed lot with continuous frontage up to Highway 401. The minimum lot frontage for rural residential lots is 30 metres and the minimum lot a area is 0.4 hectares. Reduction of the lot depth to 50 metres would result in a lot area of 0.6 ha which is consistent with the Official Plan policies. When Staff reviewed the Durham Region Official Plan Amendment application, the Region Health Department advised verbally that the location of the private services would not likely be an issue if the size of the lot is reduced. However, they did request to be consulted again when the lot size and configuration is finalized. Staff recommend that the lot size be reduced accordingly. 608 REPORT NO.: PD-113-98 PAGE 9 The acquired farm is a minimum of 40 hectares. The subject parcel that has recently been acquired is just over 27 hectares, of which the north portion on which the house is located, is not farmed (approximately 7.5 ha). The remainder of the lands are farmed. The intent of the 40 ha minimum size criteria is to ensure that the farm is a bona-fide agricultural operation. This particular farm operation utilizes these and other lands to comprise the farm operation of 128 hectares is cultivated. Although this application does not meet this one criteria, Staff is satisfied that the farm is a bona-fide agricultural operation. The Official Plan provides criteria for consideration of a site specific exception. Given that an amendment to the Plan is required, Council may provide the exception for a surplus dwelling lot, notwithstanding non-conformity with this criterion. In these specific circumstances, Staff believe the proposed amendment is appropriate. 11. RECOMMENDATIONS 11.1 In most circumstances, Staff would not recommend approval of an official plan amendment at the Public Meeting stage. However, this application to amend the Clarington Official Plan is implementing the Regional Plan Amendment No. 48, which was previously subject to a Public Meeting at the Region. No public submissions were received at that time and no concerns or objections were expressed with respect to the applicant's proposal. Accordingly, in the interest of expediting this application, Staff are recommending that the application to amend the Clarington Official Plan be approved as Amendment No. 11 as shown in Attachment No. 5 to this report. Ono REPORT NO.: PD-113-98 PAGE 10 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. tockwell, Director of Planning & Development Chief Administrative Officer. HB*DC*FW*df 18 September 1998 Attachment No. 1 — Key Map Attachment No. 2 - Site Sketch Attachment No. 3 - Amendment No. 48 to the Durham Region Official Plan Attachment No. 4 - Proposed Amendment as submitted by Applicant Attachment No. 5 - Proposed Amendment No. 11 to the Clarington Official Plan Interested parties to be notified of Council and Committee's decision: Joseph and Elias Michael 4162 Lakeshore Road NEWCASTLE, Ontario L1B 11-9 Dale Toombs Agricultural and Rural Land Use Consulting 15 Walker Street LINDSAY, Ontario K9V 5Z8 610 ATTACHMENT #1 SUBJECT SITE PROPOSED SURPLUS DWELLING LOT OTHER LANDS OWNED BY APPLICANT 20 19 18 17 16 15 14 13 12 L0111 111 L11111101 I > ° 7AGH AY 2 11 I Z II II O col I II II U) HIG WAY I 1 401 I i w I � 0 —1 I U � o� II II I CO ,OESSI N ROAD 1 Q 0 I i t I I I I o ..:... U I I I I � ....•t�....• o i I I z l I I O O �I I I U I I I I '•�:•:::::: I I ► I F- li I I : IW tl Z (. :. :::::::: Z RE II 0 ,LAKE ORE ::: . Q i II . --l.) I C.P.R. I i ROAD I C.N.R. w I Y 0 II � 01117--4RIO T'I a0 CLARKE CO PA. 98- KEY MAP 44' T 611 ATTACHMENT M2 HIGHWAY 401 LOT 16 CONC. 1 SEPTIC BEDS / o n 0 II Of II E I I HOUSE S 0 Q '� CREEK U I I WELL ry I I O � I I I I I 50.00m -•-) 76.00m / ® PROPOSED SURPLUS DWELLING LOT 76m Width = 0.9ha -- REAR LOT LINE IF REDUCED TO 0. 6ho 50.m Width = 0.6ha LIMITS OF REGIONAL FLOODPLAIN — — — LIMITS OF " EP" ZONE CO PA. 98-004 ATTACHMENT Amendment No. 48 to the Durham Regional Official Plan Purpose: The purpose of this Amendment to the Durham Regional Official Plan is to permit the severance of a surplus farm dwelling from a non-abutting existing farm, in accordance with the criteria outlined in Section 12.3.12 of the Durham Regional Official Plan. Location: The subject site is located on the south half of Lot 16, Concession 1, former Township of Clarke, in the Municipality of Clarington. Basis: The subject farm has recently been acquired and had been rented and farmed, as a specialty crop operation, by the applicant for the past six years, in conjunction with two 40 hectare parcels located to the south. The farm dwelling on the lot to be severed is not needed for farm employees and is rendered surplus. The 0.8 hectare lot will not result in any negative impacts on the retained parcel, the existing farming operation or the adjacent agricultural community. Actual The Durham Regional Official Plan is hereby amended by Amendment: adding the following subsection to Section 12.3.12 (Agricultural Areas) as Section 12.3.12 b): j "b) A surplus farm dwelling as severed from a parcel identified as Assessment No. 030 020 03600 0000 located in Part Lot 16, Concession 1, former Township of Clarke, Municipality of Clarington. Implementation: The provisions set forth in the Durham Regional Official Plan regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan regarding the interpretation of the Plan shall apply In regard to this Amendment. ATTACNMtn 1 *'4 PROPOSED AMENDMENT AS SUBMITTED BY APPLIClj i AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to facilitate the approval of a consent to sever a surplus farm residence located at Part Lot 16, Concession 1 in the fonner Township of Clarke. BASIS: The Amendment is based on criteria within policy 13.3.9 of the Clarington Official Plan which indicates: Notwithstanding Section 13.3 8,the removal by severance of a dwelling which is rendered surplus as a result of the acquisition of non-abutting farms may be permitted by amendment to this Plan provided: a) a retirement or intra-family lot was not previously severed since January 1, 1974; b)the farm to be acquired is a minimum of 40 hectares; c)the dwelling to be severed is not required for farm employees d)the surplus dwelling lot is generally less than 0.6 hectares; e) it is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. ACTUAL AMENDMENT The following severances have been considered by amendment to this Plan and are permitted: I) A surplus farm dwelling as severed from a parcel identified as Assessment No. 030 020 03600 000 located in Part Lot 16, Concession 1, former Township of Clarke, Municipality of Clarington. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. i 614 ATTACHMENT N5 AMENDMENT NO. 11 TO THE CLARINGTON OFFICIAL'PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the approval of a consent to sever a surplus farm dwelling located in Part Lot 16, Concession 1, former Township of Clarke. BASIS: The Amendment is based on an application submitted by Dale Toombs, on behalf of Joseph and Elias Michaels, to permit the creation of a surplus dwelling lot from a recently acquired 27.5 hectare farm parcel. The 27.5 hectare farm parcel is a component of a larger 101 hectare farm operation. Council is satisfied that the applicant is operating a bona-fide farm operation and that this amendment meets the intent of the Official Plan. i ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: i) by adding a new Section 13.3.10 as follows: "13.3.10 The following surplus dwelling lots have been approved by amendment to this Plan: TABLE 13.1 SURPLUS FARM DWELLING LOT EXCEPTIONS Exception No. Assessment No. Legal Description Area of Surplus Area of Remainder Dwelling Lot of Land 1 030-020-03600-0000 Pt. Lot 16, Concession 0.6 26.9 (1998) 1, former Township of Clarke ii) Renumbering the existing 13.3.10 to 13.3.12 inclusive as 13.3.11 to 13.3.13". IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment - X15 DN: PD-114-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 5, 1998 Res. # Report #: PD-114-98 FILE #: PLN 2.4.3.8 By-law # Subject: VICTORIA COUNTY DRAFT OFFICIAL PLAN FILE: PLN 2.4.3.8 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-114-98 be received ; 2. THAT Report PD-114-98 be adopted as the Municipality's comments with respect to the update of the Victoria County Official Plan; 3. THAT the Victoria County Planning Department be requested to forward any further revisions to the Victoria County Official Plan to the Municipality of Clarington Planning Department; and 4. THAT the Victoria County Planning Department be forwarded a copy of-this report and be advised of Council's decision. 1. BACKGROUND 1.1 On August 13, 1998 the Municipality of Clarington received correspondence from the County of Victoria Planning Department. They provided a consolidation of the text of the Victoria County Draft Official Plan incorporating the proposed textual amendments. The Municipality of Clarington was asked to review the proposed amendments and provide our comments. 1.2 Victoria County held a Public Meeting on September 4, 1998. They requested our comments be received no later than September 11, 1998. However, due to Council's summer recess Staff could not provide a Council position before September 11, 1998. On September 10, 1998 Staff forwarded Victoria County a - 616 REPORT NO.: PD-114-98 PAGE 2 letter advising of our preliminary comments and noted that a Council resolution would be forwarded. 1.3 The purpose of this report is to provide a Council position with respect to the Victoria County Draft Official Plan. The following review of the Official Plan was scoped to deal only with the designations and corresponding policies which would have an impact on Clarington 2. VICTORIA COUNTY OFFICIAL PLAN POLICIES 2.1 Natural Features/Sensitive Areas i 2.1.1 The northern portion of Clarington, along the Manvers boundary is designated "Oak Ridges Moraine" within the Clarington Official Plan. The Ganaraska Forest Conservation Lands and adjacent forested areas have been identified as a Tableland woodlot on "Map C — Natural Features and Land Characteristics" within the Municipality's Official Plan. 2.1.2 In the existing and proposed update of the Victoria County Official Plan, the Ganaraska Region Conservation Authority lands have been recognized and remain designated "Open Space". The County is proposing that the remainder of the lands along the Clarington/Manvers border, except for the lands subject to aggregate licences, be designated "General Agriculture". Most of this land is forested and only a portion is used for agricultural activities. 2.1.3 The Ganaraska Forest is much larger than the lands owned by the Conservation Authority. The Forest comprises a contiguous forest area greater than 7500 hectares (Attachment No. 1). Contained within this forest are many other related environmental features. This large forest area is unique in southern Ontario and deserves special recognition. The forest lies within four different municipal and 617 REPORT NO.: PD-114-98 PAGE 3 regional/county jurisdictions. To ensure its continuity, a co-ordinated approach is required. Accordingly, the Municipality requests the.following changes: • the Ganaraska Forest should be identified as an "Environmentally Sensitive Area" and a "Significant Natural Heritage Feature" on Schedule B — Sensitive Areas. • the County should examine whether portions of the Ganaraska Forest qualify as "Environmental Protection Areas" • the lands within the Ganaraska Forest, as shown on Attachment No. 2 should be designated as "Oak Ridges Moraine — Open Space" or in the very least, "Open Space". These changes would promote consistency across jurisdictional boundaries and would be in keeping with the declared Provincial Interest in the Oak Ridges Moraine as a significant landscape feature deserving special recognition and policies. 2.2 Aggregate Resource Areas 2.2.1 The 1980 Victoria County Official Plan has two land use designations with respect to Aggregate Resources. They are "Pits and Quarries" which identifies existing licensed aggregate pits and quarries. The second designation is "Resource Reserve" which identifies areas considered to have aggregate extraction potential. 2.2.2 The proposed update to the Victoria Plan identifies a "Resource Reserve Designation" on the existing land use schedules. This designation is applied to those lands that have a high potential for aggregate extraction as well as access to major market areas. Development of the lands are not permitted with the exception of agriculture, forestry and open space uses, thereby preserving the resource for future use. A separate Appendix has now been added to the Victoria County REPORT NO.: PD-114-98 PAGE 4 Official Plan which identifies Pits, Quarries, Sand and Gravel Deposits and Limestone Deposits. New policies are incorporated for each of these areas. 2.2.3 The Municipality does not object to the change in format and the general approach to the Victoria County Official Plan. It is noted, however, that a significant portion of the Ganaraska Forest lands south of Highway 115 are proposed to be identified as "Sand and Gravel Deposit" on Appendix "A" and "General Agriculture" and "Open Space" on the Land Use Schedule for Manvers Township. The County should give consideration to Provincial Policy requirements to balance the significance of the woodlots such as the Ganaraska Forest versus the need to identify lands as a sand and gravel deposit. 3. CONCLUSION 3.1 Staff recommend that the comments contained within this report be adopted by Council as the Municipality of Clarington's comments on the Victoria County Draft Official Plan. A copy of this report shall be forwarded to the Victoria County Planning Department. i Respectfully submitted, Reviewed by, N Cf�t,✓�� Franklin Wu, M.C.I.P., R.P.P. .H. Stockwell, Director of Planning & Development Chief Administrative Officer. HB*DC*FW*cc 30 September 1998 Attachment No. 1 - Ganaraska Forest 619 `sal o I� Al DN: PD-115-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 5, 1998 Res. #' Report #: PD-115-98 File #: 40M-1928 By-law # Subject: REQUEST FOR REMOVAL OF PART LOT CONTROL APPLICANT: W. E. ROTH CONSTRUCTION PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON REGISTERED PLAN 40M-1928 Recommendations: i It is respectfully recommended that the General Purpose'.and Administration Committee recommend to Council the following 1. THAT Report PD-115-98 be received; 2. THAT the request submitted by W. E. Roth Construction for the removal of Part Lot Control with respect to Lots 5, 6, .10, 14 to 17, 21 to 25, and Blocks 29 to 34, all inclusive, be APPROVED; 3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning'Act; 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 The draft approved plan of subdivision 18T-89082 (40M-1928) is located in Part Lot 31, Concession 2, former Township of Darlington (Attachment No. 1); 1.2 In September of 1998, Staff received a request from W. E. Roth Construction for the removal of part lot control in respect of Lots 5,.6, 10, 14 to 17, 21 to 25, and Blocks 29 to 34, all inclusive, on Registered Plan of Subdivision 40M-1928; i REPORT NO.: PD-115-98 PAGE 2 1.3 The Removal of Part Lot Control would facilitate the construction of 24 semi- , detached dwelling units on the lots, 23 townhouses on the Blocks, and 2 semi- detached units on Block 34, once this block is joined with a block from the neighbouring subdivision. 1.4 There is an existing agreement in place to cover the Municipality's financial interest i as all lots and blocks are within a registered plan of subdivision. i 2. COMMENTS 2.1 Staff have no objection to the approval of a By-law exempting the subject lands from Part Lot Control. 2.2 Attachment No. 2 is a By-law which has been prepared to exempt the subject lands from Section 50(5) of the Planning Act, pursuant to the provisions of Section 50(7) I of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 2.3 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified time frame during which the By-law shall be in force. It is not necessary for Staff to prepare a second by-law to restore Part Lot Control to the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate time frame during which the By-law shall apply. After reviewing the I application, Staff recommend that the By-law be in force for a 5 year period following Council's approval, ending on October 13, 2003. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., WW. S c well, L Director of Planning & Development Chief Administrative Officer IL*LDT*FW*cc i September 24, 1998 i 622 REPORT NO.: PD-115-98 PAGE 3 Attachment No. 1 - Key Map Attachment No. 2 - By-law Interested parties to be notified of Council and Committee's decision: W. E. Roth Construction 1500 Highway No. 2 Courtice, Ontario L1 E 2T3 Mr. Alan Berk 650 King Street East Suite 209 Oshawa, Ontario L1H 1G5 ATTACHMENT g7 SUBJECT SITE LOT 32 LOT 31 LOT 30 LOT 29 LE Ld f N J Z O CRE CENT D C KEY MAP DEV. 98-057 624 ATTAQHMENT NO.2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- hoillk 'I By I'Iw lu (i(,!,1 ,IW1V 41 ('(1141111 1(1111(111 (11 R(' Iti tired 111,111 N I k 40M-1928 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 5, 6, 10, 14 to 17, 21 to 25 and Blocks 29 to 34,all inclusive, on Plan 40M-1928 registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of.Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: (a) Lots 5, 6, 10, 14 to 17, 21 to 25 and Blocks 29 to 34, all inclusive on Plan 40M-1928,Municipality of Clarington,Regional Municipality of Durham. 3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in force for a period of five(5)years ending on October 13,2003. 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 6 25 BLOCK 34 — : :ri . BLOCK ti- w D: a LOT 31 CONCESSION 2 N71'21'20"E 227.580 BLOCK 37 WADE SQUARE .... .......................... .***,**,**"* .... .. ........................................................... .* ***"**..** _.LOCK 32:-............................ :::: •... :::.................................16...... ........17..... :•::{{•BLOC:...::. ... ........ ....... ....... WADE 18 19 s 0c -:.`BLOCK 33:-:-:` :- N 13 r- 11 04 N BLOCK ti- w D: a LOT 31 CONCESSION 2 N71'21'20"E 227.580 BLOCK 37 WADE SQUARE .... .......................... .***,**,**"* .... .. ........................................................... .* ***"**..** _.LOCK 32:-............................ :::: •... :::.................................16...... ........17..... :•::{{•BLOC:...::. ... ........ ....... ....... WADE 18 19 20 -:-:-}21:: }: -:.`BLOCK 33:-:-:` :- 13 12 11 SQUARE 1 2 3 4 }?i'.5: :-?:::':BLOCK 29?;: :C ::? 6 ::: ::- 7 8 9 LOTS AFFECTED BY PART LOT CONTROL 40M-1928 DEV_ 98-057 M Y U 9 m Q J O m M Y m I M F- 4 N DN: cofa-gpa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 5, 1998 Res. # Report #: PD-116-98 FILE #: A98/036 & A98/040 — A98/042, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 24, 1998. FILE NO: A98/036 and A98-040 TO A98/042, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-116-98 be received ; 2. THAT Council concur with decisions of the Committee of Adjustment made on September 24, 1998 for applications A98/036 and A98/040 to A98/042, inclusive; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A98/036 and A98/040 to A98/042, inclusive, in the event of an appeal. 1. APPLICATION DETAILS 1.1 In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications received by the Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. The decisions of the Committee are detailed below. 1.2 Application A98/036 had been previously tabled at a meeting held August 27, 1998, to allow the applicant time to have a new survey prepared which shows the current configuration of all buildings and accessory structures. This application was to recognize existing buildings and structures, and was approved as applied for by Committee. 1.3 Application A98/040 and A 98/042 were approved as applied for. ti � 7 REPORT NO.: PD-116-98 PAGE 2 1.4 Application A98/041 was approved as applied for by Committee. This application was to recognize an existing shed with reduced side and rear yard setbacks and to recognize an existing deck with a 0 metre side yard setback. Staff had recommended approval of the existing shed and denial of the existing deck, based on a loss of enjoyment of the abutting property, caused by a reduction in privacy. The abutting property owner affected by the deck sent two letters to Staff, stating they had no objection to the deck abutting the property line. The applicant preferred to leave the deck as it exists since a Jacuzzi is located within it, approximately 0.38 metres (15 inches) from the property line. Based on the information presented: that the majority of the deck is located in the side - yard between the houses; only the deck containing the Jacuzzi is located in the rear yard; and, the abutting property owners observation that their privacy is not compromised by the deck, Committee approved the application as applied for, leaving the deck and shed existing as they are. Although the approval was not consistent with Staff's recommendation, Staff are content with the decision based on the above information presented at the Committee meeting. 1.5 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 1.6 Staff have reviewed the Committee's decisions and are satisfied that all decisions are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and minor in nature and desirable. 1.7 Council's concurrence with the Committee of Adjustment decisions is required in order to afford staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 628 REPORT NO.: PD-116-98 PAGE 3 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. A.H. Stockwell, Director of Planning & Development hief Administrative Officer. SL*CP*FW*cc 28 September, 1998 Attach. ? 9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/040 APPLICANT: IRISH, LEON & ERIN AGENT: HARRI SAGUR ARCHITECT PROPERTY DESCRIPTION 131 WELLINGTON STREET PART LOT: 12 CONCESSION: 1 TOWNSHIP: BOWMANVILLE i PLAN NUMBER: - - ZONING: R1-12 I i HEARING DATE : 24-Sep-98 DECISION: APPROVED APPEAL DATE: 15-Oct-98 MINOR VARIANCE : TO REDUCE THE REAR YARD SETBACK FROM 7 . 5M (24 . 6 FT) TO 4 . 72 M (15 . 5 FT) TO PERMIT CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING, & TO RECOGNIZE AN EXISTING DECK WITH A REAR YARD SETBACK OF 4 . 72 M (15 . 5 FT) INSTEAD OF THE REQUIRED 6 M (19 . 7 FT) . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW & IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 630 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/041 ******************** APPLICANT: KERSTENS, MARTIN AND BONNIE AGENT: PROPERTY DESCRIPTION 38 STEPHEN AVENUE PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-807 -19 ZONING: R2 i HEARING DATE : 24-Sep-98 DECISION: APPROVED APPEAL DATE: 15-Oct-98 MINOR VARIANCE: TO REDUCE THE SIDE YARD SETBACK OF AN EXISTING DECK FROM 1 . 2 M (3 . 94 FT) TO 0 M, AND TO RECOGNIZE AN EXISTING SHED WITH A SIDE YARD SETBACK AND REAR YARD SETBACK OF 0 . 5 M (1 . 64 FT) INSTEAD OF THE REQUIRED 1 . 2 M (3 . 94 FT) . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. h � l THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/042 APPLICANT: GAY, LAWSON, GAY FAMILY PARTNERSHIP AGENT: i PROPERTY DESCRIPTION 47 CALECHE AVENUE PART LOT: 30 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M- - ZONING: R1 HEARING DATE: 24-Sep-98 DECISION: APPROVED APPEAL DATE: 15-Oct-98 MINOR VARIANCE : TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES (19 . 7 FT) TO 4 . 75 METRES (15 . 6 FT) TO PERMIT THE CONSTRUCTION OF A SET OF LINKED DWELLINGS ON LOT 5, 18T-88060 . REASON FOR DECISION: THAT THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/036 APPLICANT: HAWES, KEVIN & DARLENE AGENT: W. KAY LYCETT PROPERTY DESCRIPTION 51 NORTH STREET PART LOT: 28 CONCESSION: 2 TOWNSHIP: NEWCASTLE PLAN NUMBER: - - ZONING: HEARING DATE: 24-Sep-98 DECISION: APPROVED APPEAL DATE : 15-Oct-98 MINOR VARIANCE: TO RECOGNIZE AN EXISTING GARAGE WITH A NORTHERLY SIDE YD. SETBACK OF 0 . 86 M (2 . 83 FT) INSTEAD OF THE REQ. 1 .2 M; WITH A SETBACK FROM THE EP ZONE OF 0 M INSTEAD OF THE REQ. 3 M (9 . 84 FT) ; & WHICH EXCEEDS 40% OF THE MAIN BLDG. TOTAL FLOOR AREA BY 26% . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED' TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 633 DN: PD-117-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 5, 1998 Res. # Report #: PD-117-98 File #: DEV 98-056 By-law # Subject: REQUEST FOR REMOVAL OF PART LOT CONTROL APPLICANT: 290572 ONTARIO LTD. PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON NORTHWEST CORNER OF COURTICE ROAD & SANDRINGHAM DRIVE FILE NO.: DEV 98-056 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-117-98 be received; 2. THAT the request for removal of Part Lot Control in respect of Blocks 32 and 35 on 40M-1815 be APPROVED; 3. THAT the attached By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7.1) of the Planning Act; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 Block 32 and 35 on 40M-1815 are on the north west corner of Courtice Road and Sandringham Drive. The subject blocks are located in Part Lot 29, Concession 2, former Township of Darlington. The applicant recently, through separate applications, rezoned the property and entered into a site plan agreement with the Municipality for the development of eleven (11) townhouse units with detached garages on the subject lands. The development will have a single, shared access from Sandringham Drive. 634 REPORT PD-117-98 PAGE 2 1.2 Block 32 of 40M-1815 was designated, through draft approval, as a block for future medium density development. Block 35 was a 0.3 metre reserve along the Courtice Road frontage in favour of the Region of Durham. As a result'of the design of the development with a single access to Sandringham Dr. and no access to Courtice Road, the Region agreed to transfer the 0.3 m to the applicant to be used in conjunction with development of the site. 1.3 Approval of the Part Lot Control application permits Blocks 32 and 35 on 40M-1815 to be divided into the eleven (11) lots as contained in the executed and registered site plan agreement. Approval of the Part Lot Control further allows the developer to transfer title of the property to perspective purchasers of the individual townhouse units. Staff has no objection to the application. 1.4 Attached hereto is a By-law to exempt the subject lands from Section 50(5) of the Planning Act pursuant to the provisions of Section 50(7) of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 1.5 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second by-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. In light of the nature of the request, Staff recommend that the By-law be in force for a one (1) year period following Council approval, ending October 13, 1999. This should provide ample time for all the transactions to be completed. 635 REPORT PD-117-98 PAGE 3 2. RECOMMENDATION 2.1 Staff recommend that Council approve the attached Part Lot Control By-law allowing the creation of the eleven (11) townhouse lots. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., . H. Stockwell, Director of Planning & Development Chief Administrative Officer CP*FW*cc September 24, 1998 Attachment No. 1 - Key Map Attachment No. 2 - Site Plan Attachment No. 3 - Proposed By-law Interested parties to be notified of Council and Committee's decision: Wayne Jeffery 290572 Ontario Ltd., 58 Rossland Road West Oshawa, Ontario L1G 2V5 Alan Berk Barrister & Solicitor 650 King Street East Suite 209 Oshawa, Ontario L1 H 71_1 ATTACHMENT NO. 1 SUBJECT SITE LOT 30 LOT 29 LOT 28 J , i i I I I I I 11 1 1 I I 1 1 1 1 1 1 1 1 I l L l = I NASH ROAD lG WAY 2 �^ N o Z o 0 V) J W D O Z P _ 0 U Lu i OO COURTICE ® EV. KEY MAP 98-056 637 C) m Z --i Z 0 JIF Ila 4 Li )PLA E] I ELK 13L L24 BLK 53 I OM-/8 _j SITE COVSkAGE USE AREA-.21 r SITE BUILMIN= • DRIVIMATS 942-2 zr• 2 ( .3-411- —TOTAL 1 0 st,T-E T 100.0 IMMEN -rd M M.S-Z FM�.10 BLK 32I Avwiisl m I -Tc. F t 2 3 CP4SSINCS 11ji 290572 ONTARIO I Lim TED BLOCK 32 REG-PLAN 815 BLK 55 MUNICIPALITY OF CZAR INGTON STREET TOYIN!-IOUSE DEVELOPMENT --- ---- ----------- ---- S I TE PLAN ------ - --- - --- ----- COURT ICE ROAD REGIONAL ROAD 34 C) m Z --i Z 0 JIF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-_ being a By-law to designate a certain portion of Registered Plan 40M-1815 as not hc,,ing suhject to Pact Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Blocks 32 and 35 on Plan 40M-1815 registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: (a) Blocks 32 and 35 on Plan 40M-1815, Municipality of Clarington, Regional Municipality of Durham. i 3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in force for a period of one(1)years ending on October 13, 1999. 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 639 LOT 29 , CONCESSION 2 i PART , I �> 1 :•.;`: I','1?--!:::i INST. No. INST. No. D441104 I 145821 FD.b(1006) I O C`J N71'45'00'E 106.28 SET So .2: 33.20 36.92 36.14 -+---• ro 'l' n BLOCK 23 INST. No. 52. 9A, BLOCK 21 BLOCK 22 9 THIRDLY' to a U) zoo SIB 17.66 30.42 11.70 +� I N71741'20'E 60.00 Cy SHORT 9 CRESCENT ,� y Q Z INST. No.'x3062 3716 N71'41'20'E 60,00 311 u so g r s+e `7.e642'00 2&007.e64f m SIB N72'00'Od'E 65.53 s1 66 24 aoo 2 s'°z� 62.40. 3.33 ,sle (�06) cr_, 68 22 BLOCK 33 (15m) 106 _ $BLOCK 29 BL 28 �(WI) 5{ � oo a3o � O c�%. 72 28 i� N7r41'2o'E -� f Z 19 3aoo *41'30.OD BLOCK 24 R N71'41 20 E N7tt41 E 2 r"N .E 2aoo 76 16 LU15 }� ' I =' W14'D}.a(006) BLOCK 30 BLOCK 27 � � Q 78 12 BLOCK2 f2_ m s 80 10 '20 b/ 9 81 d b fl86 20'E N71' 0'E 1 I 83 8 5 6 4 BLOCK 25 8 ''' ( 1m j» t0 85 5 BLOCK 31 6 BLOCK 26 ' ' ' Q 87 - so6 88 vc v 4.75 R 5.00 2A00 26.00 5' \ SID 3f8 / R- 2 5.00 J0.00 22.00 3f.61 r <Z Sb so N71'41'20'E SE SIB ; . 130.66 S61(NI» g SANDRINGHAM DRIVE N636) g PART 4 PLAN 40R-14975 c0 SUBJECT TO EASEMENT AS SET OUT IN 9e LT659 N 4195ANND LT659896 156.76 1 �_ i 12.50 1 1 i Z I I a CD 00 ea p t� Q b g s b A�I r 120111010s s 13b � 968b7b bg5 � 4b38 2 b t ,�w»c1;b b b g b (1536) z z z z z z z z z z z (Pt rk SE» Z 0.300 A00 15.02 13.00 1200 1200 12.00 1200 1200 12.60 12.50 12.00 15.00 26.69 E �� tp N ,1'41'2 E 197.01, ® BLOCKS AFFECTED BY PART LOT CONTROL 40M-1815 DEV. 98-056 640 DN: PD-118-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 5, 1998 Res. # Report #: PD-118-98 File #: DEV 98-026 By-law # Subject: REQUEST FOR REMOVAL OF PART LOT CONTROL APPLICANT: WIL-SWAR ENTERPRISES LTD. FORMER HYDRO EASEMENT - PART OF BLOCK F, REGISTERED PLAN NO. 702, PART LOT 13, CONCESSION 11 FORMER TOWN OF BOWMANVILLE - NOW PARTS 1 TO 28, INCLUSIVE ON PLAN 40R-18065 FILE NO.: DEV 98-026 I Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-118-98 be received; 2. THAT the request submitted by E. Drew Dowling of Walker Head, solicitor on behalf of Wil-swar Enterprises Ltd. for removal of Part Lot Control with respect to the former hydro easement located on Part of Block F on Registered Plan No. 702, more particularly described as Parts 1 to 28, all inclusive as shown on Plan 40R- 18065 be APPROVED; 3. THAT the attached By-law authorizing the Mayor and Clerk to execute an agreement between Bonnie Stockman and Robin William Thomson, Trustees as a condition of enacting the Part Lot Control exemption request be APPROVED; 4. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 The hydro easement in question was acquired in 1969 by Wil-Swar Enterprises Ltd., the developers of the plan of subdivision on Hetherington Drive and Quinn Drive. The residential lots in question (See Attachment No. 1) are approximately 30 metres in depth and back onto the former easement from both Hetherington and Quinn REPORT PD-118-98 PAGE:2 Drive. The individual property owners erected fences and planted trees and in other manners occupied the former hydro easement over time. It is the intent of the individual property owners to acquire that portion of the easement that abuts the rear portion of their respective lots. 1.2 In light of the number of parcels that would be created, on behalf of the abutting property owners, Mr. Frederick Wood, Solicitor, requested the Land Division Committee to reduce the consent application fees for the lots in question. The Land Division Committee decided not to reduce the application fees since other land owners backing onto the same easement had previously paid the full fees associated with Land Division Committee application. 1.3 Following Mr. Wood's presentation to the Regional Land Division Committee, one of the property owners, Mr. Andrew Jamieson, on behalf of the neighbours, addressed Clarington Council at their January 13, 1997 meeting requesting Council's support to the reduction in the Land Division Committee application fees. i 1.4 In light of Mr. Jamieson's request, the following recommendation contained within Staff Report ADMIN-48-97 was endorsed by Council: "THAT Report ADMIN-48-97 be received for information; and, THAT Council request the Region of Durham to give consideration to waiving the procedural by-law and allowing a single fee for the transfer of the former Hydro Easement in question." 1.5 Regional Planning Staff in reporting to Regional Council noted that Mr. Woods had advised, on behalf of his clients, that he would be proceeding with a claim to title by way of adverse possession for a period in excess of the statutory period of ten (10) years and as such would not be pursuing the consent process. Accordingly, a decision on the resolution of Clarington Council would not be required and the original request should be received for information purposes only. � 4 ? REPORT PD-118-98 PAGO 1.6 It is noted for the Committee's information that Wil-swar Enterprises Ltd. and the property owners came to a mutual agreement that they would not proceed through the legal channels of adverse possession but rather submit an application to the Municipality requesting approval of a Part Lot Control By-law. 1.7 In April of 1998, Planning Staff received a request from Mr. E. Dowling of Walker Head, Solicitor on behalf of Wil-Swar Enterprises Ltd. for the removal of Part Lot Control in respect of the former hydro easement located in Part of Block F on Registered Plan No. 702, more particularly described as Parts 1 to 28, all inclusive as shown on Plan 40R-18065. 1.8 The removal of Part Lot Control would facilitate the sale of the appropriate portions of the former hydro easement to the abutting lots on both Hetherington and Quinn Drive. 1.9 The purpose of the agreement between Bonnie Stockman and William Thomson, Trustees on behalf of abutting property owners and the Municipality is to ensure that each corresponding portion of the easement (parts 2 to 28) can only be sold to the i abutting property owners fronting either Hetherington or Quinn Drive. Each parcel cannot be sold separately. As a result, Staff would note that no new lots will be created through the transactions. Additionally, the agreement clarifies that Part 1 located at the westerly end of the easement area is to be transferred free and clear of all encumbrances to the Municipality. Part 1 forms part of a municipal walkway between Hetherington and Quinn Drive. 2. STAFF COMMENTS 2.1 Staff have no objections to the approval of a By-law exempting the subject lands from Part Lot Control. Knz REPORT PD-118-98 PAGE'4 2.2 Attached hereto is a By-law to exempt the subject lands from Section 50(5) of the Planning Act. pursuant to the provisions of Section 50(7) of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 2.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result it is not necessary for Staff to prepare a second by-law to restore Part-Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. In light of the nature of the request, Staff recommended that the By-law be in force for a one (1) year period following Council approval, ending October 13, 1999. This should I provide ample time for all of the transactions to be completed. Respectfully submitted, Reviewed by, I Franklin Wu, M.C.I.P., R.P.P., tockwell, Director of Planning & Development Chief Administrative Officer LDT*FW*cc September 24, 1998 Attachment No. 1 - Site Location Map Attachment No. 2 - Part Lot Control By-law Attachment No. 3 - Authorization By-law and draft agreement Interested parties to be notified of Council and Committee's decision: Walker Head Barrister & Solicitor 1305 Pickering Parkway Suite 200, Clearnet Building Pickering, Ontario L1V 3P2 644 ATTACHMENT 1 SUBJECT SITE LOT 14 LOT 13 noo, QUIN,�, Fa O z F - O w () W U IIUETF - Z Hit O i BASELINE ROAD o BOWMANVILLE D EV. 98-026 KEY MAP i n r ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-_ being a By-law to designate a certain portion of Registered Plan 702 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Part of Block F on Registred Plan 702 registered in the Land Titles Division of Whitby and more particularly described as Parts 1 to 28 as shown on Plan 40R-18065,deposited at the Land Registry Division of Whitby No.40. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. i 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: (a) Part of Block F on Registred Plan 702, more particularly describes as Parts 1 to 28, on Plan 40R-18065, Municipality of Clarington, Regional Municipality of Durham. i 3. Pursuant to Subsection 7 of Section 50 of the Planning Act, this By-law shall be in force for a period of five(5)years ending on October 13, 1999. 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 AAA HETHERINGTON DRIVE svcMZ•cv+u _ coos, N 70'26'S5'E 75.60 N 62'57'10'W 14177 _ .-,. I LOT ._. I CC:T I2�1 I I I I I I I I I 045.7115 3 a I~�I N"T.Nb LNST. .NO. !NST.Nc. !%vS,'. !ro. !NST. No. AST No. ( iNST...A�. ( vc; No 2�O 92364 ( .*532?4 I -'466262 I .,456.5 I ..... I :%660:' I 660%. E6064 .;45�03a .,434044 I '�`✓ o Arc-6.57 c.n.... �::; :PAf3;T�:�• o-1�.A��•:�• °�r�i:•:�•�b•I�F?�%::�•. $AE�x}�: •�?:Q��•:1�•;^ •P' ••• �;P;4R �`: °-::� '•�a.•.v:::•:..:'�'- :•.. O "v f:.. .. .s1�dJ?Ak x? v fir:a: o.:::PAR.....•::: z %ta.°.''.i5.':.'� a:.:.1913':.'.tdn':.'::::.t'9�':.':..b.\``y c ..4.1 G•0'.Q4 A..14d1.'Fd a.'1'4].'.W.'P•.wRJ'.' •�;•�.1f.'M.q.'ddS. o Yv.'.!4.p:1NA'.. •a•.11.C3•. 4.w4. .P•.I .� ..� 4:: ..`n�P� c E 1tE2 f' ' PART pAof�o•P}1i2 r��:P4fiT:R�E4tF�F_ti�o P.4R� ? w �a;• �a: � � � e:: .s a.•. �i o gam:.,°.fiA��; v��i.�:n o>r�: �e�.�r �:paK.:p:. �p?K��,�. :. ' ¢'•28'•:x.°'•'1'!':•� 3&•.•� •.�,• '.: �a. .d .�g.; �flAR�F:;C�;•• Z •2b: a5:•wa•4.. .a• 'n• .. .. .. §d' rf a3. a A.f3 P w a3 X r"N: W t.dx a i fi R LOTS AFFECTED BY PART LOT CONTROL D E V. 98-026 PLAN 40R- t Eolo5 RECEIVED AND DEPOSITED I 4`-- DATE U61c I..I�.fIQQ U LAND REGISTRAR FOR THE REGISTRY DIVISION OF DURHAM (No. 40) �.'�•1 ! I _ I I .N43192 P.£A!AlNO£rJ ( o '� i I -°-- 22.661 m,n 22.65 MT 11 - 2285 att n :NST. No. I hY T..No.I wST Ho. ( !NST. Nc. I ,?vsT. .>r'o. I :Yv-'s hb. 22.66 as n --iP_ I !NST No. I !NST.No. ` zz.e6 of n nab Wt n � !NS T.No.( !NST.No.I !NST No.I !NST.Nb. zz.B6 I iiJST.No.� uet n lNST. vc. .�` i sT.No. • P64322 ::!604;6 !F.!300 04.1-M05 95.960 0398156 D432?63 D459087 1501%5 0462498 906.9 D390069 N63.35'AO, 0:_Ui -Y •0'T LM-1Z QUINN DRIVE LOTS AFFECTED BY PART LOT CONTROL D E V. 98-026 PLAN 40R- t Eolo5 RECEIVED AND DEPOSITED I 4`-- DATE U61c I..I�.fIQQ U LAND REGISTRAR FOR THE REGISTRY DIVISION OF DURHAM (No. 40) THE CORPORATION OF TI IF MUNICIPALITY OF CLARINGTON ATTACHMENT 3 BY-LAW NUMBER 98- being a By-law to authorize the entering into of an Agreement with Bonnie Stockman and Robin William Thomson, Trustees and the Corporation of the Municipalilty of Clarington with respect to a request for Part Lot Control Exemption over Part of Block F, Registered Plan No. 702. WHEREAS the owner has acquired the Lands, in trust, for and intends to convey the Lands to Owners(the Abutting Owners)of abutting lots on Registered Plan No. 702. AND WHEREAS the Municipality requries that the Owner enter into this agreement as a condition of enacting the Part Lot Control Exemption By-law. i NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the i Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk be hereby authorized to execute on behalf of the Corporation of the Muncipality of Clarington and seal with the Corporation's seal an _ Agreement between Bonnie Stockman and Robin William Thomson,Trustees attached hereto as Schedule"A"and forming part of this By-law. I BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. i BY-LAW read a third time and finally passed this day of 1998. i MAYOR CLERK i THIS AGREEMENT made as of this day of , 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Municipality") OF THE FIRST PART and BONNIE STOCKMAN AND ROBIN WILLIAM THOMSON,TRUSTEES (hereinafter collectively called the"Owner") OF THE SECOND PART WHEREAS: A. The Owner is the registered owner of the lands described as Part of Block F,Registered Plan No.702,Municipality of Clarington,Regional Municipality of Durham designated as Parts 1 to 28,inclusive on Plan 40R-18065(the"Lands"); B. The Owner has acquired the Lands,in trust,for and intends to convey the Lands to owners(the"Abutting Owners")of abutting lots on Registered Plan No.702; C. In order to convey portions of the Lands designated as individual parts on Plan 40R-18065 to each of the Abutting Owners in compliance with the provisions of the Planning Act,R.S.O. 1990, c.P.13, the Owner has applied to the Municipality for the enactment of a by-law designating the Lands(the"Part Lot Control Exemption By-law")pursuant to Subsection 50(7)of the Planning Act; D. The Municipality requires that the Owner enter into this agreement as a condition of enacting the Part Lot Control Exemption By-law;and E. This agreement is authorized by By-law enacted by the Council of tlic Municipality on the day of ' 1998. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the stun of two($2.00)dollars of lawful money of Canada,now paid by each Party to the others(the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. The Owner represents and warrants to the Municipality that each of Recitals A,B and C of this:agreement is correct. 2. On the execution of this Agreement,the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the Lands and setting out the names of all persons having interests in the Lands and the nature of their interests. 3. On the execution of this Agreement,the Owner shall deliver to the Municipality an executed transfer, sufficient to vest in the Municipality title in fee simple absolute free and clear of all encumbrances and restrictions,of a portion of the Lands designated as Part 1 on Plan 40R-18065 and shall pay to the Municipality in cash or by certified cheque an amount of money which is equal to any tax,fee,or cost payable at the time of or in respect of the registration of such transfer against i -2- the title to the lands to which they apply. The transfer referred to in.this paragraph 3 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall be made for a nominal consideration,and shall be in a registerable form. 4. The Owner represents and warrants to the Municipality that title to Parts 2 to 28, inclusive on Plan 40R-18065 shall be conveyed to each of the respective Abutting Owners having registered title to the Lots on Registered Plan No. 702 immediately abutting such Parts as more particularly set out opposite the respective Part in Schedule"A"hereto. The Owner,its successors and assigns hereby covenant and agree,as a restrictive covenant running with and burdening the Lands,that no portion of the Lands designated as Parts 2 to 28,inclusive on Plan 40R-18065 shall be conveyed except together with a conveyance of the Lot on Registered Plan No.702 immediately abutting such Part as set opposite such respective Part in Schedule"A"hereto. Such restrictive covenant shall be to the benefit of and annexed to the lands described as Blocks H and 1 and Part of Block F designated as Part 1 on Plan 40R-18065, Registered Plan No. 702, Municipality of Clarington, Regional Municipality of Durham. Each transfer of such Part to an Abutting Owner and each subsequent transfer shall contain the following restriction: "Part of Block F,Registered Plan No.702,Municipality of Clarington,Regional Municipality of Durham designated as Part on Plan 40R-18065 shall not be conveyed except at the same time j and to the same transferee as(Part of)Lot_,Registered Plan No.702,Municipality of Clarington, Regional Municipality of Durham(designated as Part. on Plan 40R- ). Prior to any such conveyance,the transferor shall obtain the covenant of the transferee to be bound by the foregoing restriction." 5. The Owner shall reimburse the Municipality for all reasonable legal, planning and administrative expenses actually incurred for the preparation and registration of this Agreement and the Part Lot Control Exemption By-law and the reasonable cost of all legal services contemplated by the terms of this Agreement provided that services have actually been performed for the Municipality. 6. This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the Province of Ontario. 7. The parties agree that there are no representations, warranties, covenants, agreements, collateral agreements or conditions affecting this Agreement other than as expressed in writing in this Agreement. I 8. This Agreement will enure to the benefit and be binding on the parties hereto and their respective successors and assigns. 9. The Owner hereby consents to the registration of this Agreement or a notice thereof against the title to the Lands. 10. Time shall in all respects be of.the essence of this Agreement. i 650 t -3- IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED,SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of: ) Diane Hamre,Mayor Patti L.Barrie,Cleric BO ) ROBIN WILLIAM THOMSON i l C 1 SCHEDULE "A" TO AN AGREEMENT MADE BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND BONNIE STOCKMAN AND ROBIN WILLIAM THOMSON, TRUSTEES PART ON PLAN 40R-18065 LOT OR PART LOT ON PLAN" 702 2 15 3 16 4 17 5 18 6 19 t 7 20 8 21 9 22 10 23 11 24 12 25 13 SE. of 99 14 NW of 99 15 SE of 98 16 NW of 98 17 SE 34 of 97 18 NW % of 97 i 19 SE % of 96 20 NW of 96 21 SE of 95 22 NW M of 95 23 SE % of 94 24 NW % of 94 25 SE % of 93 26 NW of 93 27 SE of 92 28 NW of 92 652 DN: PD-119-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, October 5, 1998 Res. # Report#: PD-119-98 FILE #: PLN 11.2.3 By-law # Subject: BILL 96 - TENANT PROTECTION ACT FILE: PLN 11.2.3 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-119-98 be received ; 2. THAT the amendment to the By-law No. 96-032, as contained in Attachment No. 1 to this report, be APPROVED. 1. BACKGROUND 1.1 The Tenant Protection Act came into effect on June 19`h, 1998, repealing the Rental Housing Protection Act. This new act predominantly deals with legislating tenant and landlord rights. It provides regulations with respect to tenancy agreements; responsibilities of a landlord; termination of tenancies; rights and duties of landlords and tenants; for care homes, mobile home parks and land lease communities; rules for adjusting rents, and the Ontario Rental Housing Tribunal. 1.2 Many of the regulations within this Act are not applicable°to the Planning Department. However, one significant change of relevance is the relaxation of REPORT NO.: PD-119-98 PAGE 2 regulations for converting existing rental units to condominium units. Under the Rental Housing Protection Act, municipalities were responsible for ensuring that a condominium conversion would not be approved unless the applicant agreed to replace the "rental housing with similar units in a similar rental range and/or the proposal did not adversely affect the supply of affordable rental units. In addition, the following procedure was required: • the applicant was required to notify the tenants; • a municipality was required to hold a public meeting; and • a municipality's decision could be appealed to the OMB. Under the new Act, all that is required is that the owner/applicant provide notice for a period of 120 days of their intentions to convert the building from rental to condominium tenure. The Municipalities do not have any approval authority under this new legislation. 2. MUNICIPAL RESPONSIBILITIES 2.1 The passage of The Tenant Protection Act eliminates the municipal role that previously existed under the Rental Housing Protection Act. However, the municipal role under the Planning Act remains. Area municipalities review and make recommendations to the Region for approval of plans of condominium. In doing so, such applications must conform to the Durham and Clarington Official Plans. 2.2 The Clarington Official Plan includes policies regarding condominium conversion policies in Section 6. An applicant/owner who wishes to convert rental accommodations to condominiums must satisfy the following requirements: a) the rental vacancy rate for the whole of the Municipality is 3% or higher for two successive surveys, as determined in the bi-annual rental vacancy survey undertaken by CMHC. X54 REPORT NO.: PD-119-98 PAGE 3 b) the rental vacancy rate for the specific bedroom types affected by such conversion is 2% or higher; c) the approval of such conversions to condominium tenure does not result in the reduction of the vacancy rate below 3% and 2% respectively, in accordance with (a) and (b) above; and d) there is an agreement between the owner and the Municipality to satisfy financial and other conditions. 2.3 The Ministry of Housing has advised us that the owner of a rental unit has the right to convert the units to condominium units under the Tenant Protection Act. However, should a municipality's Official Plan possess policies regulating the conversion of rental units to condominiums, the requirements of the Official Plan remain enforceable. 3. CONCLUSION 3.1 As a result of the legislative change�a separate application for a condominium conversion will not be required. Instead, a condominium conversion,will be treated similar to a new condominium application which will be processed under the Planning Act and the Condominium Act. This will eliminate the need for a separate public meeting for condominium conversion. 3.2 It is recommended that the Municipality's Fee Schedule By-law 96-032 be revised in accordance with the attached by-law (Attachment No. 1). The proposed by-law amendment would delete the requirement for an application under the Rental Housing Protection Act and clarifies that the subdivision fee is applicable to a plan of condominium. REPORT NO.: PD-119-98 PAGE 4 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. tockwell, Director of Planning & Development Chief Administrative Officer. HB*DC*FW*km 18 March 1998 Attachment No. 1 - Proposed Amendment to By-law (96-032) i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 96-032,the by-law for the payment of the fees for information and services. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 96-032, as amended, of the Corporation of the Municipality of Clarington. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Schedule "B" to By-law 96-32 being the "Fees Prescribed by the Director of Planning and Development' be amended as follows: a) that the fifth item be changed from "Draft Plan of Subdivision" to "Draft Plan of Subdivision/Condominium" b) that the 2151 item "Application Required by the Rental Housing Protection Act'and the related fees be deleted. 2. This By-law shall come into effect on the date of the passing hereof. i 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 L17 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: October 5, 1998 Res. # Report #: CD-49-98 By-law # Subject: COUNCIL MEETING—OCTOBER 13, 1998 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council; THAT Report CD-49-98 be received for information. BACKGROUND AND COMMENT: At the Council meeting held on April,11, 1994, Council passed a resolution stating that once each quarter, one regularly scheduled Council meeting will be held at a suitable location in the rural areas of the municipality. Accordingly, the Council meeting scheduled for Tuesday, October 13, 1998 will be held at the Newcastle Community Hall. This will coincide with the 75th anniversary celebrations of the Community Hall, An advertisement to this effect will be placed in the local newspapers Wednesday, October 7, 1998, Respectfu bmitted Reviewed by CP atti L. arrie A. T. ockwell Chief Administrative Officer PLB 70 ? THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: October 5, 1998 Res. # Report#: CD-50-98 By-law # Subject: FENCING OF DOG OWNERS PROPERTIES It is respectfully recommended that the General Purpose and Administration Committee recommend to Council THAT Report CD-45-98 be received for information. BACKGROUND On June 1, 1998, Council requested that the Clerk's Department review and report on the possibility of requiring dog owners to fence their properties, Section 210 of The Municipal Act provides municipalities with the authority to pass by-laws related to the keeping of animals. Within that authority, a municipality can require the owner of a dog to keep the dog leashed and under control of a person when the dog is off the property of the owner. Also, when a dog has bitten, a municipality can require the dog to be leashed at all times. There is no authority for a municipality to require the property of the owner to be fenced, By-..law 87-156, as amended, prohibits dog owners from allowing their animals to run at large. As with all of the municipality's by-laws, this by-law is enforced on a complaint basis, This year,to date, approximately 30 charges have been laid by the Animal Control Officers under this by-law. As well, the municipality passed By-law 97-167 to regulate and control vicious dogs. Under this by-law, a dog who is found to have bitten or attacked a person or domesticated animal without provocation will be declared to be vicious and must be kept either indoors or in an outdoor enclosure while on the owner's property. When taken off the owner's property, the vicious dog must be muzzled, leashed and under the control of an individual aged 18 years or older. Report CD-50-98 -2- October 5, 1998 Given the authority that the municipality has been granted by the Province to regulate the control of animals, the Municipality of Clarington has passed the relevant by-laws. Although it is preferred that dog owners fence their properties, there is no authority for the municipality to require it, Respectfully submitted Reviewed by atti L, rn , T, W.H. Stockwell Chief Administrative Officer 703 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ` REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, September 21, 1998 Res. # Report # CD-52-98 By-law # ANIMAL SERVICES MONTHLY REPORT Subject: FOR MONTH OF JULY, 1998 It is respectful) recommended that the General.`Purpose and Administration Committee recommend to Council the following; 1. THAT Report CD-52-98 be received for information; and 2. THAT a copy of Report CD-52-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 1. BACKGROUND 1.1 For the information of Council, the table attached to this Report summarizes the activities and revenues pertaining to Animal Services for the month of July, 1998. Respe ly ubmitted, Revie y, Patti rrie M.C.T. . Stockwell Chief Administrative Officer MPK*PLB*hj Anne Livingston Animal Advisory Committee Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, Ontario M4M 2G3 704 CLERK'S DEPARTMENT ATTACHMENT NO. 1 ANIMAL CONTROL SERVICES DIVISION TO REPORT NO. CD-52-98 ANIMAL CONTROL MONTHLY REPORT JULY 98 A.ACTIVITIES THIS MONTH YR.TO DATE '98 . YR. TO DATE '97 PICKED UP-WILDLIFE 10 54 42 DOGS CATS DOGS CATS DOGS CATS F PICKED UP 11 8 L 127 73 152 116 BROUGHT IN 5 19 58 113 66 120 RETRIEVED BY OWNERS 6 0 90 9 105 11 SOLD TO RESIDENTS 10 21 84 114 95 151 SOLD TO RESEARCH 0 0 0 0 0 0 t THANISED 0 1 4 12 10 35 AD ON ARRIVAL 0 5 7 51 8 39 QUARANTINE 0 0 1 6 2 2 WRITTEN WARNINGS 10 127 125 P.O.A. TICKETS 0 22 11 CONVICTIONS 0 11 14 CALL-OUTS AFTER HOURS 5 37 22 OVER TIME HOURS 15 111 67.5 B. REVENUES [DOGS &CATS RELEASED 109,14 0 654.84 77.04 400.18 40.36 LICENSES 1727,50 0 22409.50 0 29631.25 0 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 453.25 394.90 3043.25 1594.38 4338.25 813,55 DOGS REDEEMED 198.50 0 2970,00 10.00 3399.50 0 SUB TOTAL 2488.39 394.90 29077.59 1681.42 37769.18 853.91 TRAP REVENUE 10.68 213.64 133.50 TOTAL REVENUE 2893,97 30972.65 38756.59 * NOTE EUTHANISED 1 SICK CAT 705 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting; GENERAL PURPOSE AND ADMINISTRATION COMMIT�E� Date: OCTOBER 5, 1998 Res.# Report#: File#: By-law# Subject: CASH ACTIVITY REPORT— JUNE 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-73-98 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 June 30, 1998, is as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the month of June 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 June 30, 1998 and the comparative information for the month ended June 30, 1997. Respe y s bmitted, Reviewed by, Marie A. Marano,H.BSc.,A.M.C.T., W.H. Stockwell, Treasurer. Chief Administrative Officer. MAM/NT/hj l Attachments QnI CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the Month of JUNE 1998 y,UN ; JUNE r:1.u998 1997 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PUPOSES: TAX PAYMENTS RECEIVED 1,334,537 14,870,272 MUNICIPAL SUPPORT GRANT 171,354 PAYMENTS-IN-LIEU: GOVT OF CANADA PIL MUNICIPAL TAX ASSISTANCE PIL ONTARIO HYDRO PIL CHEC HYDRO PIL MEMORIAL HOSPITAL PIL MINISTRY OF HOUSING PIL LCBO PIL REGION PIL ONTARIO HYDRO PROCEEDS ©(1 � COIW INFRASTRUCTURE GRANT NATURAL RESOURCES-PITS 8T QUARRIES 312,689 SALE OF LAND SUBSIDIES: HANDI-TRANSIT DEVELOPMENT CHARGES-TOWN GENERAL 288;���6 92,973 1,186,565'. 730,290 INTEREST 1697 231,609 DEVELOPMENT CHARGES-REGION/PUC 54 843 3 618 82" 16 464 030 USE OF FUNDS: PAYROLL 776,7eS7 706,792 REGION LEVY 0 SCHOOL BOARD LEVIES Q 9,236,277 GENERAL-INCLUDING CAPITAL EXP. 2 575 477 3 020 008. 12,518,546 NET CASH PROVIDED (USED) 598,8 8 3 945 484 BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: MAY 31/98 (USED)UN.E 30798: LINE 30/97 GENERAL FUND 1,926,494 4,269,037 6,195,531 2,797,81 1 RESERVE FUND 2,333,426 (1,049,519) 1,283,907 3,537,135 MUNICIPAL POOLED INVESTMENTS 149,625 (121,955) 27,67:0,, 26,539 INVESTMENTS (GENERAL + RESERVE FUND) 41 583 419 2 498 745 39 084 67;4 45 264,835 TOTALS 45992,964 598 818 .46 591 7$2 51 626 320 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. NOTE B: No longer receive the Municipal Support Grant. WKPOkA11ON Ur t tiL t°iUNILIPALI Y OF CLARINGTON ... Anuir, — .'axes w,�ivabI. for the month;of June 1998 *** Includes refunds, write-offs, 496's, etc. NOTE 1: Tax payments do not de into Part A due to timing differences since Part A is on a cash basis (ie. difference due to outstanding deposits) b . . a z H MAY JUNE JUNE 1998 INTEREST TAXES I PAYMENTS 1998 1997 RECEIVABLE ADDED BILLED BALANCE ` /ADJUST.*** CURRENT YEAR TAXES 2,485,552 2,485,552 (787,297) 1,698,255 2,056,106' PENALTY AND INTEREST 391680 32,441 72,120 (26,647) 45;473 71,247 1997 YEAR TAXES 2,641,578 2,641,578 (371,481) 2,270,097 2,411,430 PENALTY AND INTEREST 225,340 33,328 258,668 (69,649) 189 01.9,.: 217,6 3 1996 YEAR TAXES 1,078,059 1,078,059 {207,325} . 870,734 1,042,717 PENALTY AND INTEREST 139,730 13,652 153,382 (46,293) 107'089 152,853 PRIOR TAXES 844,746 844,746 (104,815) 739,93) 918,624 PENALTY AND INTEREST 239 204 10,801 250 005 (26 126) 223;879' 392,816 TOTAL 7693888 90,222 0 - 7z784,1 10 (1 639 633) 6 144 47i.. 7,263 466 TOTAL TAXES LEVIED (INCLUDING REGION AND SCHOOL BOARDS) a 60,151,295 PERCENT OF CURRENT TAXES OUTSTANDING n/a 3.429/0 *** Includes refunds, write-offs, 496's, etc. NOTE 1: Tax payments do not de into Part A due to timing differences since Part A is on a cash basis (ie. difference due to outstanding deposits) b . . a z H PART"C" STATISTICAL INFORMATION FOR THE MONTH OF JUNE 1998 Payment Received—Taxes Refer to Note 1 Pre-Authorized Payments Tax Certificates 189 Number of Properties eligible for Tax 44 Registration refer to Note 2 Account Payable Cheques Issued #23511 to #24001 491 Number of Births Registered Refer to Note 3 0 Number of Deaths Registered Refer to Note 3 0 Note 1: These statistics are not compiled by the new tax software Note 2: Only includes those properties whose arrears are greater than $10,000. This is estimated for the month of June due to implementation of new tax software. Note 3: Vital statistics will be included in the July 1998 figures,per the Clerk's Department. 804 INVESTMENTS OUTSTANDING PART"D" AS AT JUNE 30, 1998 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND MTL 2,986,740.00' 4.91% 33 3,000,000.00 July 15/98 TD 2,963,370.00 4.96% 91 3,000,000.00 Aug 6/98 TOTAL GENERAL FUND RESERVE FUND RBC 34,731.25 7.20% 1,740 48,337.00 Aug 8/00 RBC 1,001,705.00 6.80% 1828 1,392,611.00 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 6 100 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 344,317.03 7.90% 1135 436,064.00 July 13/98 RBC 2,063,810.92 7.95% 1688 2,937,391.00 Jan 13/00 RBC * 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 1,1 17,022.00 March 8/99 RBC 999,999.65 8.20% 1825 1,482,799.00 Aug 8/00 RBC 499,999.62 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 WOOD GUNDY 250,000.00 5.00% 2556 250,000.00 June 21/05 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 WOOD GUNDY 500,000.00 5.22% 365 526,100.00 Apr 16/99 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 INVESTMENTS OUTSTANDING PART"D" AS AT JUNE 30, 1998 FINANCIAL INVESTMENT INTEREST €/OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE RBC 25,125.57 5.95% 2025 34,613.00 Dec 15/02 RBC* 250,000.00 4.75% 1839 250,000.00 June 21/03 RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01 RBC * 250,000.00 5.25% 180 250,000.00 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 WOOD GUNDY 869,000.00 5.06% 271 938,520.00 Nov 1/98 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 RBC 20,558.85 5.20% 1310 24,645.00 Jan 9/02 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 BNS 2,529,712.33 4.83% 30 2,539,754.94 Jul 13/98 WOOD GUNDY 528,412.46 5.34% 788 590,807.00 Aug 8/00 RBC 324,159.58 5.08% 592 350,974.00 Jan 31/00 MTL 1,073,666.00 5.03% 178 1,100,000.00 Nov 19/98 TOTAL RESERVE FUND 3;3 134 5bJ62:' TOTAL INVESTMENTS J9 084 673,62 * Bond investment. Interest paid on a semi-annual/annual basis 806 DN:CASHPTE PART"E" Jun-98 Development Charges_ Total Lot Levies Town Region C.H.E.C. 1220582 Ontario Ltd. 19,531.68 - 19,531.68 - - L.30,C.2,Darlington 40M1902 B/P#98.0325-0328 Ridge Pine Park 5,035.50 - 4,920.00 115.50 - Lot 112, 122,245A,294,582,601,716, Lot 723 BFC,Darlington B/P#98.0451-0453,0478-0480, B/P#0554-0555 K.Szmyr 6,774.00, 5,131.00 1,643.00 - L.14,C.8, Darlington LD 14-17/93 B/P#98.0352 Halminen Homes 6,774.00; - 5,131.00 1,643.00 L,32,C.6,Clarke 10R-2633 B/P#98.0395 ? Veltri Group 39,900.00 - - 39,900.00 - L.12,C.2, Bowmanville 40M1886 B/P#98.0394-0401,0433-0436 Simkins Homes 29,232.00 - 29,232.00 - L.30,C.2, Darlington 40M1902 B/P#98.0325-0328 VanHeuvelen Poultry Farm 6,774.00 - 5,131.00 1,643.00 - L.16,CA, Darlington LD27/93 B/P#98.0280 Andelwood Homes 24,878.00 - 10,262.00 14,616.00 - L.32,C.3, Darlington 401,11893 B/P#98.0416,0460 Karlin Group 26,600.00 - - 26,600.00 - L.15,C.1, Darlington 401.11816 B/P#98.0155-0156,0391-0392 Orchard Park Estates 53,456.08 - 53,456.08 - - L.12,C.2, Bowmanviile 401,11852 B/PT98.0358-0366,0368-0381 Rn7 DN:CASHPTE PART"E" Jun-98 , z l i Develo ment Charges Total Lot Levies Town Region C.H.E.C. i Baywood Homes 234,241.65 - 62,176.65 158,872.00 13,193.00 L.12,C.2, Bowmanville 40M1852 B/P#98.0358-0366, 0368-0381 l P.Bannister 13,068.00 - 5,131.00 7,308.00 629.00 LD244/97 I B/P#98.0133 A.Pugllese 6,774.00 - 5,131.00 1,643.00 - L.20,C.10, Darlington B/P#98.0410 i Kaitlin Group 24,269.36 - 9,653.36 14,616.00 L.17,CA, Darlington 40M1904 B/P#98.0427-0428 Kaitlin Group 164,934.00 - 71,834.00 93,100.00 - L.17,C.1,Darlington 40M1907 B/P#98.0437-0448,0498-0499 Schleiss&R.Holland 12,223.73 - 5,132.00 7,091.73 - L.34, C.3, Darlington 40M 1854 B/P#98.00471 Halminen Homes 23,562.00 - 10,262.00 13,300.00 - LD 18/98 B/P#98.0399-0400 B.Hampton 12,439.00 - 5,131.00 7,308.00 L.33, C.2, Darlington LD 17/98 B/P#98.0398 S.Lucas 10,955.00 5,131.00 5,195.00 629.00 L.28, C.5, Clarke B/P#98.0224 G.Clark 6,774.00 5,131.00 1,643.00 - L.5,C.7, Darlington LD246/97 98.0458 TOTALS TOTALS 7 0.0011 288,275.77 1 425,469.23 14,451.00 808 DN:CASHPTE PART"E" Jun-98 CONTRIBUTIONS-CASH-IN-LIEU OF PARKLAND Clinic Buildings Ltd. 67,000.00 Courtice Health Centre DEV98-024 W.E. Roth Construction Ltd. 26,487.00 L.31, C.2, Darlington 18T-89082 Ganaraska Properties Ltd. 6,098.00 DEV97-087 Total Cash-in-Lieu of Parkland 99,585.00 CONTRIBUTIONS - ENGINEERING AND INSPECTION FEES W.E. Roth Construction Ltd. 27,593.16 L.31, C,2,Darlington 18T-89082 Total Engineering and Inspection Fees Contributions 27,593.16 CONTRIBUTIONS - ROADS Total Roads Contributions 0.00 Rn9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMI T.T E Date: OCTOBER 5, 1998 Res.# Report M. TR-74=99—File#: By-law# Subject: CASH ACTIVITY REPORT— JULY 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-74-98 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 July 31, 1998, is as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the month of July 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 July 31, 1998 and the comparative information for the month ended July 31, 1997. Respect submitted, ' Reviewed by, kMifie A. Marano, H.BSc.,A.M;C.T., W.H. Stockwell, Treasurer. Chief Administrative Officer. MAM/NT/hj 1 Attachments CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the Month of JULY 1998 Y. JULY 1995;; 1997 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PUPOSES: TAX PAYMENTS RECEIVED 1,303;449 ! 3,787,647 MUNICIPAL SUPPORT GRANT 171,354 PAYMENTS-IN-LIEU: GOVT OF CANADA PIL MUNICIPAL TAX ASSISTANCE PIL ONTARIO HYDRO PIL CHEC HYDRO PIL MEMORIAL HOSPITAL PIL MINISTRY OF HOUSING PIL LCBO PIL REGION PIL ONTARIO HYDRO PROCEEDS 375,000 COURTICE COMMUNITY CENTRE FUNDRAISING 50,000 COIW INFRASTRUCTURE GRANT NATURAL RESOURCES-PITS at QUARRIES SALE OF LAND 31,504 SUBSIDIES: HANDI-TRANSIT 17,033 DEVELOPMENT CHARGES-TOWN 91, b4 142,781 GENERAL 747 75 8 965,069 INTEREST 256;248: 119,864 DEVELOPMENT CHARGES-REGION/PUC 144;947,: 205,511 2 575 33b 5,834,259 USE OF FUNDS: PAYROLL 752,506 690,752 REGION LEVY 0 SCHOOL BOARD LEVIES ! p GENERAL-INCLUDING CAPITAL EXP. 3 195 1 10 2,183,028 3 94T616 2 873 780 NET CASH PROVIDED (USED) (1,372 280).1 2,960,479 BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: JUNE 30/98 USED ULY 31/98 JULY 31/97 GENERAL FUND 6,195,531 (5,165,613) 1,029,9:18 2,152,503 RESERVE FUND 1,283,906 84,218 1,368,124 4,064,354 MUNICIPAL POOLED INVESTMENTS 27,670 3,353 31:,023 1,601,562 INVESTMENTS (GENERAL + RESERVE FUND) 39,084,674 3,705,762 42 790 436 46,768 379 TOTALS 46,591,781 1 372 280 45 219 501 54,586,798 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. NOTE B: No longer receive the Municipal Support Grant. 811 CORPORATION OF THE MUNICIPALITY OF CLARINGTnN- (,v,iurtuity-i, i axes hCf-eivable for the month of July 1998 JUNE 1998 INTEREST TAXES PAYMENTS RECEIVABLE ADDED BILLED BALANCE CURRENT YEAR TAXES PENALTY AND INTEREST 1,698,255 45,473 261102 1,698,255 71,574 (752,306) (16,521) 1997 YEAR TAXES PENALTY AND INTEREST 2,270,097 189,019 28,715 2,270,097 217,734 (369,138) (67,195) 1 . 1996 YEAR TAXES PENALTY AND INTEREST 870,734 107,089 11,063 870,734 118,152 (76,562) (21,873) PRIOR TAXES PENALTY AND INTEREST 739,931 223P879 9,491 739,931 233,370 (42,641) (10,462) TOTAL 1 6,144,477 1 75,371 1 0 1 6,219,848 1 (1,356,698 TOTAL TAXES LEVIED (INCLUDING REGION AND SCHOOL BOARDS)-NOTE 2 PERCENT OF CURRENT TAXES OUTSTANDING-NOTE 3 k** Includes refunds, write-offs, 496's, etc. VOTE 1: Tax payments do not tie into Part A due to timing differences since Part A is on a cash basis (le. difference due to outstanding deposits) MOTE 2: The value of education P-1-L to be retained at local level not included in total taxes levied as it is a budgetted item. VOTE 3: For information purposes only. True comparison to prior year not applicable due to changes in tax policy resulting from reassessment. JULY 1997 989,146 108f896 2,263,083 219 054 945,572 140,544 850,818 381,133 151,295 1 s r PART"C" STATISTICAL INFORMATION FOR THE MONTH OF JULY 1998 Payment Received—Taxes Refer to Note I Pre-Authorized Payments Tax Certificates 62 Number of Properties eligible for Tax 42 Registration refer to Note 2 Account Payable Cheques Issued #24002 to #24620 619 Number of Births Registered Refer to Note 3 -47 Number of Deaths Registered Refer to Note 3 48 Note 1: These statistics are not compiled by the new tax software Note 2: Only includes those properties whose arrears are greater than$10,000. This is estimated for the month of July due to implementation of new tax software. Note 3: These statistics cover both June and July 1998,per the Clerk's Department. INVESTMENTS OUTSTANDING PART•"D" AS AT JULY 31, 1998 FINANCIAL INVESTMENT INTEREST r #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND TD 3,470,810.00 4.87% 63 3,500,000.00 Sept 9/98 BNS 3,000,000.00 5.02 61.00 3,0251168.77 Sept 28/98 TD 2,963,370.00 4.96%1 91 1 3,000,000.00 Aug 6/98 TOTAL GENERAL FUND 4 434 180,00 RESERVE FUND RBC 34,731.25 7.20% 1,740 48,337.00 Aug 8/00 RBC 1,001,705.00 6.80% 1828 1,392,611.00 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 435,075.29 5.20% 777 484,272.00 Aug 18/00 RBC 2,063,810.92 7.95% 1688 2,937,391.00 )an 13/00 RBC * 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 620,220.69 5.15% 1007 71 1,752.00 Apr 5/01 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 WOOD GUNDY 250,000.00 5.00% 2556 250,000.00 June 21/05 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 WOOD GUNDY 500,000.00 5.22% 365 526,100.00 Apr 16/99 RBC 58,479.40 5.95% 2032 80,639.00 Dec 15/02 0 1 A INVESTMENTS OUTSTANDING PART"D" AS AT JULY 31, 1998 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE 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 RBC* 250,000.00 4.75% 1839 256,000.00 June 21/03 <i RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01 RBC * 250,000.00 5.25% 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 WOOD GUNDY 869,000.00 5.06% 271 938,520.00 Nov 1/98 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 1198 RBC 20,558.85 5.20% 1310 24,645.00 Jan 9/02 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 BNS 2,540,424.45 4.83% 30 2,550,509.59 Aug 12/98 WOOD GUNDY 528,412.46 5.34% 788 590,807.00 Aug 8/00 RBC 324,159.58 5.08% 592 350,974.00 )an 31/00 MTL 1,073,666.90 5.03% 178 1,100,000.00 1 Nov 19/98 TOTAL RESERVE FUND 33 356 255:97 TOTAL INVESTMENTS 42 790 435.97 * Bond investment. Interest paid on a semi-annual/annual basis 815 DN:CASHPTE PART"E" July,1998 Development Charges Total Lot Levies Town Region C.H.E.C. Med-Tri Dev.(Veitri) 13,300.00 - 13,300.00 L.12,C2,Bowmanville 40M 1886 B/P#98.0485-486 Camovale Homes 24,878.00 10,262.00 14,616.00 L,34,C.';2,Darlington 40M 1847 6/P#98.0466,0492 Andelwood Homes 12,439.00 5,131.00 7,308.00 - L.34,C.!2,Darlington 40M 1847 B/P#98,0490 1220582 Ontario Ltd. 9,765.84 9,765.84 - L.30,C.2,Darlington 40M1902 B/P#98.0455,456 Halminen Homes 24,381.84 9,765.84 14,616.00 L.30,C:2,Darlington 40M 1902 B/P#98.0551,0553 Ridge Pine Park 1,230.00 1,230.00 - - Lots 588,683 BFC,Darlington B/P#98.0616,0617 Simkins Homes 14,616.00 - 14,616.00 - L.30,G2,Darlington 40M 1902 B/P#98.0455,0456 Kaitiin Group 23,562.00 10,262.00 13,300.00 L.17,0.1,Darlington 40M1907 B/P#98.0602-603 Ba,wood Homes 73,532.70 29,858.70 39,900.00 3,774.00 L12,C.2,Bowmanville 40Mi852 B/P#98.0509-0514 Green-Martin Holdings 12,134.68 4,826.68 7,308.00 L.17,CA,Darlington 40M 1904 B/P#98.00470 Green-Martin Holdings 12,439.00 5,131.00 7,308.00 L.17,CA,Darlington 40M 1907 B/P#98.00539 Storybook Homes 7,308.00 - 0.00 7,308.00 B/P#98.0610 C.Opydo 6,774.00 - 5,131.00 1,643.00 - L.13,C.1,Clarke B/P'98.0559 TOTALS 236,361.06 0.00 91,364.06 141,223.00 3,774.00 816 DN:CASHPTE PART"E" July,1998 CONTRIBUTIONS-CASH-IN-LIEU OF PARKLAND 765400 Ontario Ltd. 45,000.00 18T-87041 Total Cash-in-Lieu of Parkland 45,000.00 CONTRIBUTIONS-ENGINEERING AND INSPECTION FEES 765400 Ontario Ltd. 50,000.00 18T-87041 R.Carruthers 12,616.82 Front Ending Agreement-Stormwater Management System&Storm Sewer Oversizing Macourtice Developments 25,233.64 Front Ending Agreement-Courtice Rd. Storm Sewer Works&Black Creek East Tributary Master Drainage Study Gay Family Partnership 6,486.34 Black Creek Erosion Protection Sheaffer,H. 46,951.60 Robinson Ridge 18T-89037 Pt.L.34/35,C.1,Darlington Schickedanz Development 10,280.37 Front Ending Agreement-Mann Street Royal Bank of Canada 7,476.64 Front Ending Agreement-Horban Water Quality Facility Total Engineering and Inspection Fees Contributions 159,045.41 CONTRIBUTIONS-ROADS Gay Family Partnership 1,396.04 Black Creek Erosion Protection Total Roads Contributions 1,396.04 817 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, OCTOBER 5, 1998 Res.# Report#; TR-7 — 8 File#: By-Law# Subject: CL98-17 FAREWELL CREEK BANK STABILIZATION Recommendations: It is respectfully ; recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report 'TR-75-98 be received; 2 . THAT Cambridge Landscaping Inc. , Cambridge, Ontario with a total bid in the amount of $24, 959.00 including G.S.T. , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-17, be awarded to the contract for Farewell Creek Bank Stabilization 3. THAT funds in the amount of $18, 830.00 (total project cost $32, 454. 90 including construction, final design, contract administration, contingencies and G.S.T. ) be drawn from Public Works Capital Account Number 2900-00017-00000. 4. That the additional funds required in the amount of $8, 924.90 ($32, 454 . 90 less $18, 830. 00 remaining 1997 funds less $4, 700. 00 consulting ;paid in 1997); be drawn from Public Works Lot Levy Reserve Fund 45001-00036-0401; and 5. Thar. the attached By-law marked Schedule "A" Authorizing the Mayor and Clerk to excute the agreement be approved.! BACKGROUND AND COMMENT Plans were provided by G. M. Sernas and Associates Ltd. for the Farewell Creek Bank Stabilization, as required by the Department of Public Works. Subsequently tenders were advertised and received and tabulated as per Schedule "B" attached.' 818 REPORT NO. : TR-75-98 PAGE 2 TENDER CL98-17 The total project cost including final design and tendering, contract administration, contingencies and GST, detailed in the letter from G. M. Sernas and Associates Ltd. , marked Schedule "C" is estimated at $32, 454 . 90 . It is recommended that the funds in the ,amount of $18, 830 . 00 be drawn from funds carried over from the 1997 Public Works Capital Budget. Additional funds in the amount of $8, 624 . 90 ($32, 454 . 90 less $18, 830. 00 remaining 1997 funds less $4, 700. 00 consulting paid in 1997) are recommended to be drawn from the Public Works Lot Levy Reserve Fund Account #5001-00036-0401 . Note as this project was originally tendered in 1997 and cancelled due to insufficient funds approximately $4, 700. 00 of the $5, 000.00 consulting fee was paid in 1997 . 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 low bidder, Cambridge Landscaping Inc. , Cambridge, Ontario have satisfactorily completed similar work for the City of Mississauga. Respectfj ly submitted, Reviewed by, M ie Marano, H.BSc. ,AMCT. , W.H. St ck ell, Treasurer Chief Administrative Officer Stephen A. Vokes, P. Eng Director of Public Works MM*LB*j t Attach. 819 SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF' CLARINGTON BY-LAW 08- Being a By-law to authorize contract between the Corporation of the Municipality of Clarington! and Cambridge Landscaping Inc. Cambridge, Ontario for the Farewell Creek Bank Stabilization. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS; 1 . THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of ' Clarington with the Corporation Seal, a Contract between Cambridge Landscaping; Inc. Cambridge, Ontario and Said Corporation; and 2. THAT this agreement 'attached 'hereto as Schedule "B" form part of this By-law. 4 By-law read a first and second time this day of September, 1998 . By-law read a third time and finally passed ` this day of September, 1998. ' Mayor Clerk Q n SCHEDULE "B" BID SUMMARY CL98-17 FAREWELL CREEK BANK STABILIZATION ��•xx£�ii\\xxxx`xx�....:......:.:..» xxx,`,`xx`\\xx\�xxxxxx`x.xxx:::.....................................�. ...............................„,»,»,,,,,..,a,,,,.ax.>s,x\. . .,.aa,�,.,,.,,a,.,,,,x�`,.x xaZ:, ,�,x�,. �� � �. ::•rsxaa:w:f �, ..�..,»�:�:•xxaaa\♦.a��`n\uC♦��,.x `\c 'c a .a\w♦,.,a..,a..».a.z.. ,,,,.,»,. .,. .,.r.,, a,,.,�• ,zu x�\a, C .,,a„.,..a.,,».,»,,.,.„:,`„"xxx;::•x:^xx`\,.\.a,... .•......•,,.\\.. ,,\\\•xx:a,,.,,,»::>;axaxxxii;a::................ .........xxx:.......,.. ,\ \, ,,.,,a..,.♦v,,,..,\»,. ,,,,,,,,,,,,,,,a,xxxxxxsxxx>;,;.r,.,.,»,....,.:.,,,...,.»..•.� ....... "�a.,\a\ „ ati�\\\....,,, \\a...�,..,.\,,,,,.»,� .......:>.x:......:.,,».a...».:...,»,...,\,.\..,...;;,x:xxxxxxax:x.♦',.,.,u..,, .\\ `.„♦. ,,,\\a»..,.,,,.,,».,a:...,,,.,»,...... _.,...,. .. .,>....,,,.:..»:......................................................... ... .»..�a ax.»ux,. v,.a», �`♦:•^,, a..,,...,..,,..:.exxxx:xxx:�.�xxxxx':rax.;...,a..,,\ ,u?v....»... .� \•.,,......a\\r:\�xxxxxxxxxxxxxxxsvcx�xx`rxxx.xxxax.•xr x::�;:�>xxxxsxx:acx�.�♦`xx Cambridge Landscaping Inc. $24, 959. 00 Cambridge, Ontario Elirpa Construction and Materials $36, 519. 58 Pickering, Ontario Dunedin Construction $49, 813 . 85 Whitby, Ontario Includes G.S. T. 821 �y �•vu arum- 9054327877 T-777 P.01/07 f-085 SCHEDULE! "C" FACSIMILE AND DELIVERY G.-M. Seim s &AssoCiia>ces M Consulting Engiees ners.. 110 Scotia Court,unit 41 September 15, 1998 Whitby,Ontario LIN 8Y7 Telephone: (905)432-7878 Toronto Line: (90S)686.6402 fax.• (905)432-7877 Municipality of Clarington MISSISSAUGA WHITBY BELLEVILLE 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Ms. Lou Ann$irkett, C.P.P.,A.M.C.T. Purchasing Manager Bear Ml adaan: Re: Tender Closing Bank Stabilization Works Along an Outfall Channel to Farewell Creek Municipality of Clarington Contract CL98-17 Our project No.97064 Submissions for the above noted project were received and opened on Wednesday. September 9 at 2:00 pm. The following is a summary, excluding contingencies and G.S.T., of the three (3) tenders received. Tenderer Total Tendered Amount (Excluding G.S.T.); 1. Cambridge Landscaping Inc. $21,967.62 2. Elirpa Construction and $32,680.45 Materials 3. Dunedin Construction $45,205.00 The Engineer's Estimate for the work; referencing the average prices received for Quotation' W97-21,Nvas$24,677,22. In comparison to the Engineer's Estimate,the lowest tender represents a decrease of$2,709,60 or approximately 11.0%. We have examined the three (3) submissions and find them to be complete and in compliance with the general tender requirements. Furthermore, we have analyzed the unit prices on the three(3)tenders and have found no arithmetic'error. A copy of our summary comparing the three(3)tenders is attached for your information. 2/ 09-15-98 10:05 From- 905432T8TT T-TTT P.02/07 F-085 G.M.Semas Q_n.saocia(es LOCI. Municipality of Clarington Ms. Lou Ann Birkett September 15, 1998 Page 2 We have concluded our tender analysis of the tender submissions for Contract CL98-17 and provide the following comments. Both Elirpa Construction and Materials and Dunedin Construction failed to complete Statement `B' - "Contractor's Senior Supervisory Staff' and Statement `C' - "Contractor's List of Proposed Sub-Contractors". In addition, both Contractors did not complete all items in the "Health and Safety Practice Form" section of the "Contractor Safety -Policy and Procedure" segment of the Forni of Tender. When comparing Cambridge Landscaping Inc.'s submission to that of the second lowest bidder, Elirpa Constrction and Materials, there is a $10,712.83 or approximately 32.8% reduction in the overall tender price, exclusive of contingencies and G.S.T. We have reviewed Cambridge Landscaping Inc.'s tendered unit rates and they appear to be reasonable and balanced. The contract is open for acceptance for a period of sixty (60) days following the tender closing date of September 9, 1998. The contract work is scheduled for completion within two (2) weeks after the date of official notification to commence work. Based upon the lowest tender received, that of Cambridge Landscaping Inc., the following is our estimate and apportionment of the total project costs. Total Proiect Cost Contract Tender Amount(including G.S.T.) $24,959.00 Contingencies (10%) $ 2,495.90 Engineering, Design and Contract Administration $ 5,000.00 (excluding disbursements and G.S.T.) Total $32,454.90 The contract work includes the repair of an existing eroded area using re-grading, bicengineered slope stabilization works and restoration of disturbed areas with topsoil and seed. As indicated in Statement `A' — "Contractor's Experience", Cambridge Landscaping Inc. has completed works of a similar nature and significantly higher construction value. .....3/ 09-16-98 10:06 From- 9054327877 T-TTT PAVOT F-085 Gkm.Semas )ASSOCIaICS Ltd. Municipality of Clarington Ms. Lou Ann B irkett September 15 1998 Page 3 ' Of the references provided by Cambridge Landscaping we were successful in contacting the City of Mississauga, who responded with favourable comments, in regards to their dealings with Cambridge Landscaping. The City did however, comment that full time inspection was required on the City's behalf to ensure correct interpretation of the contract drawings by the contractor. With regard to the above information,we therefore recommend acceptance of the low tender and award of the contract to Cambridge Landscaping Inc. subject to the requisite approvals. Trusting the above is to your satisfaction,we remain Yours very truly, G.M. SERNAS &ASSOCIATES LIMITED PafNedoszytko, C. Darrell udey,P. g, Contracts Administrator Mana er,Municipal projects /rl Encl. Q � n 0o � o C:IMYDOCUMM9'1064\BMORv 197054BS.3n S Page 1 of 4 BID SUMMARY TENDER FOR CONTRACT CL9 8-17 BANK STABILIZATION WORKS ALONG AN OUTFALL CHANNEL TO FAREWELL CREEK CORPORATION OF THE MUNICIPALMY OF CLARINGTON SEPTENIBER 15.1998 m WCTI<NJ CAN93ROGE ELRIPA DUNEDIN AVERAGE 9 - DI!SCRnTM TENDERED TENDERED TENDERED TIMID AMOUNT AMOUNT AMOUNT AMOUNT 1 BANK STABIIIIATTON MORKS S 20,472.77 $ 26,885AS S 29,4(15.00 S 25,58774 2 GENERAL i3F1v1S S 1,494.85 S 5,795-00 S 15,800.00 S 7,696-62 SUB-TOTAL S 21,967.62 S 32,680.45 S 45,205.00 S 338436 3 CONTINGENCIES s 1,358-55 S 1,450.00 S 1,350-00 S 1,386J8 SUB-TOTAL S 23,326-17 S 34,130A5 S 46,555.00 S 34,670Sd ADD:756 G.S.T. S 1,632-83 S 2,389.13 S 3.258.85 S 2,426-94 GRAND TOTAL S 24,959-00 S 36,519.58 S 49,813.85 S 37,09748 0o � o C:IMYDOCUMM9'1064\BMORv 197054BS.3n S Page 1 of 4 r-rosion Control Btankct 750 (n2 3.31 496.50 826 1,239.0G 13.90 2,085.00 ti b TOTAL FOR SECTION 1 26,472 77 26 885A5 29,405.00 25 SS7.74 NOTE op-'S=ONTARIO PROVINCIAL STANDARD SPECIl7CATION.OPSD=ONTARIO PROvINC1AL STANDARD DRAL%qKG SC=SPECIAL CONDITIONS,(P)=PUN QUANTTTY,Its-LMIP SMI.m3=CUBIC MMRK M2 SQUARE METRES N METRE. =TONNE,ca=FACH, hr>HOUR,mon-PER MONTH.PAS=PROVLSTONAL SUAQ„{ARYY Page 2 of 4 co N llANK SI'A[I[I_ILA'IION WORKS O UTFALL CHANNEL TO FAREWELL CREEK CONTRA Cr Nn rT 09 r-r NOTE: OPSS=ONTARIO PROV WCiAL STANDARD SPECIFICATION,OPSD-ONTARIO PROVINCIAL STANDARD DRAWING SC=SPECIAL CONDRTONS,(P)=RAN QUANTITY,1h=LUMP SUM,m3=CUBIC MEIRFS,m2=SQUARE METRES, m=METRE,1=TONNE,ea-EACH.hr=HOM mm=PER MONTH,PIS=PROVE ZONAL SUMMARY Page 3 of 4 0 R-WA DUNEM AVERAGE DE�CR>pIION UANITTY UNTf UNTr PRICES AMOUNTS Ut Tf PRICE S) AMOUNTS UNIT PRICE S AMOUNT( UNIT PRICES AMOUNT 3 bililaliaJpanobiliza(ion 1 Ys 1,170.85 1,170.85 5,425.00 5,425.00 13,800.00 13,800.00 6,798.62 6,798.62 rSCCAMBRIDGE Hundred P-1(100'/0)Performance and rarl(ce Mainte ance Bond;One Hundred I Us 324.00 324.00 37 0.00 370.00 2,000.00 2,000.00 898.00 898.00 cent 000%)Labour and Material Npnent Bond; Liability Insurance TOTAL FOR SECTION 2 1,494.35 5.795.00 15,n)N.00 7.696.62 NOTE: OPSS=ONTARIO PROV WCiAL STANDARD SPECIFICATION,OPSD-ONTARIO PROVINCIAL STANDARD DRAWING SC=SPECIAL CONDRTONS,(P)=RAN QUANTITY,1h=LUMP SUM,m3=CUBIC MEIRFS,m2=SQUARE METRES, m=METRE,1=TONNE,ea-EACH.hr=HOM mm=PER MONTH,PIS=PROVE ZONAL SUMMARY Page 3 of 4 0 X) v v MOTE: OPSS ONTARIO PROVINCIAL STA\DARD SPECIFICATION,OPSD=ONTARIO PRav'INCIAL STANDARD DRAW[NG SC=SPECIAL CONDITIONS,(P)-PLAN QUANTITY.Ifs-LUMP SU'Mt -3=CUBIC METRES,m2=SQUARE h(E?R>E . m=N(ETRE,t=TONNE,ca=EACH,]a=HOUR.man=PER MOIJT1i.?/S=PROVISIONAL SUMMARY Page 4 of 4 t-VIY L JlAC ll INU.CL 98-17r E2�. CAMBRIDGE ELiRPA DUNEDIN AVERAGE ITEM . DESCR WMN QUA2lTTIY UNrT UNIT PRICES AMOUNTS UNIT PRICES Ai(OUTfi S UMTL PRICE AMOUNTS UNIT PRICE AMOi]kT &FC?iON 3-CONfINGi'14CIES LABOUR RATES(ALL INCLUSIVE) 3.1 SC Foreman(ioduding Pick-UP) 5 hr 50.91 254.55 62.00 310.00 60.00 300.00 5164 288.13 3-2 SC Common Labour 5 hr 41.68 208.40 43.00 215.00 40.00 200.00 41.56 207,80 3.3 SC Skillcd Labour 5 hr 41.68 208.40 46AD 230.00 42.00 210.00 4313 216.13 3.4 SC Truck Driver 5 hr 47.58 239.40 45.00 225.00 C-00 210.00 44.96 224.80 3.5 SC Heald Equip nem OperMor 5 hr' 47.88 239.40 47.00 235.00 44.00 220.00 46.29 231.47 3.6 SC Carpcnta 5 hr' 41.68 208.40 47.00 235.00 42.00 210.00 43.56 217.80 i TOTAL FORSECTIOR3 1,358.55 1,450.00 1,350.00 i 3S6.1S v MOTE: OPSS ONTARIO PROVINCIAL STA\DARD SPECIFICATION,OPSD=ONTARIO PRav'INCIAL STANDARD DRAW[NG SC=SPECIAL CONDITIONS,(P)-PLAN QUANTITY.Ifs-LUMP SU'Mt -3=CUBIC METRES,m2=SQUARE h(E?R>E . m=N(ETRE,t=TONNE,ca=EACH,]a=HOUR.man=PER MOIJT1i.?/S=PROVISIONAL SUMMARY Page 4 of 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # _ Date: October 5, 1998 Res.#: Report #: TR-'76-98 File # By-Law #: Subject: REVIEW OF MUNICIPAL INVESTMENT POLICY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-76-98 be received; 2. THAT the attached revised Schedule` "A". along with it's supporting revised Appendix "A" and "A-111, be approved as the current Investment Policy for the Corporation of the Municipality of Clarington for surplus General Fund, Reserves, Reserve Fund and Trust Fund monies'; 3. THAT the revised Appendix "A" and "A-l" be amended from time to time to reflect the current status of any bank or institution being considered for investment; and 4. THAT the investment procedures (attached Schedule "B") , be received for information. Background and Comments: 1.0 At the February 6, 1995, General Purpose and Administration meeting, Report TR-3-95 (Attachment #1) , was approved to revise and update the policy formerly established in 1992. Prior to 1995, the Municipality invested solely in short-term instruments. Due to the increase in the level of Reserve Funds, due primarily to the 1993 Ontario Hydro Agreement and the collection of Development Charges levies, the policy was revised to introduce longer-term investment instruments. 1.1 This resulted in a much higher return on investments. At the time the policy was revised, it was determined' that the initial limit on long ,term instruments be set at a maximum of 50% of the investment portfolio or $15 million, whichever is less. 1.2 Now that the Municipality has established a successful long-term portfolio, the initial limit has proven to be too restrictive to allow the Municipality to` take+ advantage of favorable investment opportunities. It is therefore recommended that the policy be n n n TR-76-98 Review of Municipal Investment Policy Page 2 revised to allow for a maximum of 65W of the reserve fund investment portfolio balance or $20 million, whichever is less. 1.3 This will still allow sufficient funds for capital requirements as the current reserve fund investment balance is $31,230, 970 (reported to Council via monthly cash activity reports) and the annual budget draws on the reserve funds for capital purposes have been as follows : 1998 1997 1996 2, 962, 862 2,510, 926 3,056,935 1.4 The current investment policy also indicated that the maximum investment term would not exceed five (5) years except for Ontario Municipal Government and municipal investment pool investments. Beginning in 1997, very favorable rates have been available on Province of Ontario savings bonds. The Municipality has purchased $1 million of Ontario Savings Bonds with staggered maturity dates. The final maturity date is beyond the five (5) year maximum, however because these bonds are fully cashable with no penalty, every six (6) months the policy (Schedule "A") is recommended to change to allow for these exceptions. For clarification purposes, Ontario Savings Bonds should be included with municipal government bonds as an allowable exception to the five (5) year maximum investment term. 1.5 Section, 3, Schedule "A" of the current policy, indicates that a maximum of 30% of the portfolio is permitted to be invested in instruments issued by each of the provincial governments. However, the investment policy also includes minimums and maximums based on security ratings. Since 1995, many of the provinces have fluctuated in their rating, with the Province of Ontario being one of the only one consistently rated A (high) or greater. As a result, the combination of the above policies have become inadvertently restrictive. It is therefore recommended that the maximum be raised to 40% for the Province of Ontario only. 2 .0 The above policy changes have been incorporated into the revised Schedule "A", Appendix "A" and "A-1" and Schedule "B" for Council approval in order to improve the flexibility of the municipal investment portfolio and maximize returns while still protecting the security of the portfolio. Respec y submitted, Reviewed by, aria A. Marano, H.BSc. , AMCT, W.H. Stockwell, Treasurer. Chief Administrative Officer. MM/NT/hjl Attachments 830 REVISED SCHEDULE "A" ' REPORT TR-76-98 CORPORATION OF THE MUNICIPALITY OF CLARINGTON SHORT' TERM/LONG TERM INVESTMENT POLICY FOR SURPLUS GENERAL FUND, RESERVES, RESERVE FUND AND TRUST FUNDS LEGISLATIVE AUTHORITY Section 167 (2) of the Municipal Act R.S.O.' 1990 provides the legislative' aut:aority to invest monies not immediately required for current operating purposes, Section 163 of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies raised for a reserve fund and its earnings in such securities as allowed under the Trustee Act, POLICY 1. TYPES OF INVESTMENT That the municipality of Clarington place investments in those instruments permitted under the Municipal Act and the Trustees Act of Ontario, and more specifically only those issued or guaranteed by the following institutions i(See Appendix A:and A-1 for current listing) ; (i) The Government of Canada (ii) The Provinces of Canada (iii) Ontario municipal Governments as defined in the Municipal Affairs Act (iv) Schedule "A" and "B" banks. 2`. PLACEMENT OF INVESTMENT That the Municipality be permitted to take advantage of investments offered by qualified investment brokerage houses, ' such as RBC Dominion Securities and/or Wood Gundy Inc. , and financial institutions as circumstances dictate. 3 LIMITATIONS AND DIVERSIFICATION OF PORTFOLIO HOLDINGS That the following limitations be placed on investments with any one financial institution based on the issuer of the investment according to the rating supplied by a qualified bond rating service, per attached Appendix "A" and "A'-1", taking into account the overall value of the investment portfolio.' That the mix of investments be maintained of holdings in the portfolio with a minimum of 20% AAA ,(maximum) , 70% A (high) and maximum 10% A (low) . 0 Z1 Revised Schedule "A" Page 2 INVESTMENT INSTITUTION LIMIT Government of Canada No limit Province of Ontario Maximum 40% of portfolio Other Provinces of Canada Maximum 30% of portfolio Schedule "A" banks Maximum 30% of portfolio Schedule "B" banks Maximum 10% of portfolio Ontario Municipal Governments Maximum 20% of portfolio Municipal Investment Pools Maximum 30% of portfolio 4. TERM OF INVESTMENT Investments in long term bonds shall be limited to $20 million or 65% of the Reserve Fund investment portfolio balance, whichever is less. The maximum investment term will not exceed five (5) years, except for Ontario Municipal Government and Municipal Investment Pool Investments and Ontario Savings Bonds. 5. Municipal Investment Pools, as mentioned above, includes the CHUMS Money Market Fund and the LAS Pooled Investments program offered by the Municipal Finance Officers Association and the Association of Municipalities of Ontario. These funds were combined under the new `ONE" fund May 1, 1995. 0 Z7 REVISED APPENDIX "A" REPORT TR-76-98 DBRS Rating Schedule as of August 1, '' 1998: Schedule "A" Banks Schedule "B" Banks AA (high) • Union Bank of Switzerland (Canada) • Deutsche Bank (Canada) • Credit Suisse First Boston (Canada) AA • National Trust Company • Chase Manhattan Bank of • Royal Bank of Canada- Canada • Toronto Dominion Bank • Citibank Canada • Canadian Imperial Bank of Commerce • Bank of Montreal ` • Bank of Nova Scotia • Canada Trust Company • Montreal Trust Co. of Canada • Royal Trust Corp., of Canada AA (low) • Bank of America (Canada) • Bank Nationale de Paris (Canada) A (high) • National Bank of Canada • Bank of Tokyo - Mitsubishi • Hongkong Bank of Canada • BT Bank of Canada • Industrial Bank of Japan (Canada) A • Fuji Bank Canada' • Laurentian Bank of Canada Q � � REVISED APPENDIX A-1 REPORT TR-76-98 DBRS Rating Schedule as of August 1, 1998 Issurer Name DBRS Government Issuers Federal Government and Agencies (local currency) • Government of Canada AAA • Business Development Bank of Canada AAA • Canada Mortgage & Housing Corp. AAA • Canadian Wheat Board AAA • Chevron Canada Finance AAA • Export Development Corp. AAA • Farm Credit Corp. AAA Provincial Governments • Alberta AA(high) • British Columbia AA • Manitoba A • New Brunswick A • Newfoundland BBB • Nova Scotia BBB (high) • Ontario A(high) • Prince Edward Island BBB(high) • Quebec A(low) • Saskatchewan A(low) Provincial Government Agencies • Alberta Municipal Finance Corp. AA(high) • British Columbia Municipal Finance Authority • British Columbia, Hydro & Power AA • Hydro-Quebec A(low) • Manitoba Hydro Electric Board A A • New Brunswick Power Corporation BBB • Newfoundland & Labrador Hydro • Nova Scotia Power Finance Corp. BBB • Ontario Hydro • Societe d'habitation du Quebec A(high) 834 SCHEDULE "B TR-76-98 INVESTMENT PROCEDURES ' 1. That Deputy Treasurer or alternate under the direction of the Treasurer shall be responsible for the placement of short and long term investments. Subject to the limitations of this policy staff+ will iinvest at the highest interest' rate lavailable. 2. That Deputy Treasurer or alternate under the direction of the Treasurer shall determine the amount of funds and terms for which placements can be arranged within the limits of policy. 3 . Competitive bidding will be obtained!, when possible, before the placement of any investment. 4. All investments shall receive the approval of the Treasurer. S. For information;purposes, a monthly statement of investments outstanding shall be submitted to Municipal Council! 0 7 C / Attachment #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT J Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: February 6, 1995 Res. # C P P -(0 7 -0/ S" Report#: TR 3 q5 File #: By-Law# Subject: REVIEW OF MUNICIPAL INVESTMENT POLICY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-3-95 be received; 2. THAT the attached Schedule"A",along with it's supporting Appendix"A" and "A-1 be approved as the current Investment Policy for the Corporation of the Municipality of Clarington for surplus General Fund, Reserves, Reserve Fund and Trust Fund monies; 3. THAT Appendix "A" and "A-1" be amended from time to time to reflect the current status of any bank or institution being considered for investement; and 4. THAT the investment procedures (attached Schedule "B"), be received for information. BACKGROUND AND COMMENTS: At the March 16, 1992 General Purpose and Administration meeting,report TR-19-92 was approved establishing the Municipality's current investment policy. Since that time, the value of the portfolio has increased significantly due primarily to the funds received through the 1993 Ontario Hydro Agreement, as well as the collection of Development Charges levies. The balance of the General Fund and Reserve Funds investments outstanding as of December 31, 1991 was $18,409,707. After payment of the final 1994 school levies, the balance of the General Fund and Reserve Funds investments at December 31, 1994 is approximately $32,000,000. The existing policy authorizes the placement of short term investments. This is generally considered to be less than one year. Since a substantial portion of the Reserve Fund monies will not be required until several years into the future, the Municipality would earn a much greater yield on its investments if it invested in longer term instrument-%, TR-3-95 Page 2 y The existing policy also places a limit'of 30% of the value of the portfolio to be placed within a single institution. Given that each institution'offers securities held by other institutions (ie. a Bank of Nova Scotia bankers acceptance can be purchased through the Bank of Montreal)often at a higher rate than the original institution is offering,;this limit does not reflect the actual spread of the individual investments among the institutions. Also, the Municipality traditionally 'receives higher rates from certain banks and if the 30% limit is already reached,the Municipality is forced to accept a lower rate from another institution. The attached revised policy will provide the Municipality with greater investment returns while still ensuring the security of the investment portfolio. Respectfully submitted, Reviewed by, zMarano, H.BSe.,A.M.C.T., W.H. Stockwell, Treasurer. Chief Administrative Officer. MMINT/hjl Attachments 0 Z7 SCHEDULE A REPORT #TR-3-95 CORPORATION OF THE MUNICIPALITY OF CLARINGTON SHORT TERM/LONG TERM INVESTMENT POLICY FOR SURPLUS GENERAL FUND, RESERVES, RESERVE FUND, AND TRUST FUNDS LEGISLATIVE AUTHORITY Section 167(2) of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies not immediately required for current operating purposes. Section 163 of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies raised for a reserve fund and its earnings in such securities as allowed under the Trustee Act. POLICY 1. TYPES OF INVESTMENT That the Municipality of Clarington place investments in those instruments permitted under the Municipal Act and the Trustees Act of Ontario, and more specifically only those issued or guaranteed by the following institutions (See Appendix A and A-1 for current listing): (i) The Government of Canada (ii) The Provinces of Canada (iii) Ontario Municipal Governments as defined in the Municipal Affairs Act (iv) Schedule A and B banks 2. PLACEMENT OF INVESTMENT That the Municipality be permitted to take advantage of investments offered by qualified investment brokerage houses, such as RBC Dominion Securities and/or Wood Gundy Inc., and financial institutions as circumstances dictate. Schedule A Pine 2 3. LIMITATIONS AND DIVERSIFICATION OF PORTFOLIO HOLDINGS That the following limitations be placed on investments with any one financial institution based on the issuer of the investment according to the rating supplied by a.qualified bond rating service,per attached Appendix A and A-1,taking into account the overall value of the investment portfolio. That the mix of investments be maintained of holdings in the portfolio with a minimum of 20% R-1 high, maximum 70% R-1 middle and maximum 10% R-1 low. INVESTMENT INSTITUTION LIMIT Government of Canada No limit Provinces of Canada Maximum 30% of portfolio Schedule A!Banks Maximum 30% of portfolio Schedule B Banks! Maximum 10% of portfolio Ontario Municipal'Governments Maximum 20% of portfolio Municipal Investment Pools Maximum 30% of portfolio 4. TERM OF INVESTMENTS Investments in long term bonds shall be limited to$15 million or 50% of the Reserve Fund investment portfolio balance, whichever is less. The maximum investment term will not exceed five (5) years, except for Ontario Municipal Government and Municipal Investment Pool Investments. 5. Municipal Investment Pools,as mentioned above,includes the CHUMS Money Market Fund and the LAS Pooled Investments program offered by the Municipal Finance 'Officers Association and the Association of Municipalities of Ontario. These funds will be combined under the new "ONE" fund May 1, 1995. A By-Law will be forthcoming, as soon as a draft is available from "ONE". n 7n APPENDIX A REPORT #TR-3-95 Rating Schedule As Of April 29 1994 (Dominion Bond Rating Services Limited) SCHEDULE A BANKS SCHEDULE B BANKS R-1(High) Morgan Bank of Canada Credit Suisse Canada Union Bank of Switzerland (Canada) Swiss Bank Corporation (Canada) Deutsche Bank (Canada) R-1(Mid) Royal Bank of Canada The Bank of Tokyo Canada Toronto Dominion Bank Hong,Kong Bank of Canada Canadian Imperial Bank of Commerce Bank of Montreal Bank of Nova Scotia National Westminster Bank of Canada Montreal Trust Co. Canada Trust Co. National Bank of Canada Royal Trust Barklays Bank of Canada R-1(Low) Fuji Bank Canada Industrial Bank of Japan (Canada) Mitsubishi Bank of Canada Bank of America (Canada) Laurentian Bank of Canada R 4 0 Appendix A--•1 INDEX OF FEDERAL & PROVINCIAL RATINGS - ShiORT TERM DEBT April 29,1994 !`.astt Update Cote` an Name ' Debt :Rated Ratin - rnxanA&CUARAN'IEF.S "21/44 GOVERNMR-rfOFCANADA Short Tam Dabs.Cdn&Foreign Oumncy R-1(high) 03/21N4 Canada Mortgage and Housing Corp.(CMHC) Short Term Llaba.Cdn&Foreign Cwrcrtcy R-I(high) 03;21/94 Canadian Wheat Bosrd,The Short Tam liabs.Cdn&Foreign Currcor, R-1(high) i 0121194 Expon Dcvclopaacnt Corpomdon Short Term Liabs,Cdn&Foreign Currca<;t R-1(high) 121'214`4 Fo"l Business Development Bank Short Term Llabs.Cdo&Foreiga Curtner;/ R-1(high) i 03.21/94 Mobil Canada Hibernia Finaacc Ltd. Comm4reW Paper,Cda&Foreign Curmr.;y R-1(high) 03 S1/94 NHA Mortgage-Backed Securities - Short Tam Liabilities,C=-adian Cutacwf R-1(high) 03?21/94 Petro-Canada Hibw,iia Partnership commcicial Paper,cda Z.Foreign Curr«l--y R-1(high) PROVINCES&GUARANTY Q3/204 PROVINCE OF ALBERTA ShortTc m liabilities R-1(mid)- 43 J2-V94• Afberta Municipal Finance Cpipmdoa Short Tam Liabilities R-1(and) 0002193 PROVINCE OF 13RMSH COLUMBIA Short T=Liabilities R-1(mid) O:.J3L'94 British Columbia Hydro&PowcrAuthodty Shod Tam Liabilities R,1(mid) Oeitt�7193 British Columbia Municipal Faancx Authority Short Term Liabilities R-1(mid) 0WO /93 PROVINCE OF MANTPOBA Short Term Liabt'litIes R-1(law) 01=93 The Manitoba Hydro-Electric Board Short Term Liabilities R.1(low) 1.1w/93 Manitoba Telephone System Shoo Tam liabilities R.I.(low) 0V204 PROVINCE OF NEW BRUNSWICK` Short Tam liabilities RI(tow) 0VZ8/9d New Brunswick Powcr Corporatioa Short Term Liabilities R-1(low) C4J28/94 New&varwi&Municipal Finance Corporation Short Taut liabilities R.1(law) 01/7.04 PROVINCE OF NEWFOUNDLAND Short Term Inabilities P-2(Mid) (VA194 Nowfoundtand and Labador Hydro Short Term Liabilities R-2(aid) (x4/204 Ncwfouadtand Muaidpal Faance Corporation Short Term liabilities R-2(mid) • i :tWZM PROVINCE OF NOVA SCOM Short Term Liabilities R2(high) t01Z2(93 Nova Scotia Municipal Fiaancc Corp. Short Tam liabilities R-2(high) 1)1404 PROVINCE OF ONTARIO Short Tam liabilities R-1(mid) -11/18M OaWio Hydro Short Term Liabilities R-1(mid) i 0713 M PROVINCE OF PRINCE EDWAFD ISI.ANp Short Term Liabilities R-1(tow) IZ12Z93 PROVINCE OF QUEBEC Short Tenn Liabilities R-1(tow) IZ'2 M Hydm-Quebec Short Term Liabilities R-1(low) I 03/23/94 PROVINCE OF SASKATCHEWAN SaortTerm liabilities, R.2(high) oz/01M Saskatchewan Power Corp 51:ort Term Liabilities R-2(Ng'-) 42/004 Saskatchewan TelecommuniraCons Short Term Liabilities .R-2(high) n n t SCHEDULE B REPORT #TR-3-95 INVESTMENT PROCEDURES 1. That Deputy Treasurer or alternate under the direction of the Treasurer shall be responsible for the placement of short and long term investments. Subject to the limitations of this policy staff will invest at the highest interest rate available. 2. That Deputy Treasurer or alternate under the direction of the Treasurer shall determine the amount of funds and terms for which placements can be arranged within the limits of policy. 3. Competitive bidding will be obtained, when possible, before the placement of any investment. 4. All investments shall receive the approval of the Treasurer. 5. For information purposes a monthly statement of investments outstanding shall be submitted to Town Council. 842 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: Monday, October 5, 1998 Res.# Report TR-77-98 File#: By-Law# Subject: TENDER CL98-19; INSTALL RUBBERIZED FLOORING - D.S.C. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to .Council the following: 1. THAT Report TR-77-98 be received; 2. THAT Gym-Con Ltd. Barrie, Ontario, be awarded the contract to supply and install rubberized flooring, with a total bid in the amount of $24,160.60 (including G.S.T. ) , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-19; 3 THAT Part "B" and One ,(1) dressing room be deleted; and 4. THAT the funds required be drawn from the Community Services 1998 Capital Budget Account Number 7606-00002-0501. BACKGROUND AND COMMENT: A Tender was issued with four (4) prospective bidders submitting a bid. Subsequently, bids were_-received as follows: BIDDER PAAa€::B' 'i ?iTTAh':iBhb:€€€ ":`:TERMS ........................................................................................ ....... Gym-Con Ltd. 25,284.70 $1356.74 $28,506.35 2% 10 Barrie, Net 30 Page Flooring $25, 650.00 7 950.00 $28,462.00 Not Enterprises Shown Scarborough Crystaplex $27, 870. 61 $1307.64 $30,974. 62 Net 30 Mississauga Included PST shown as extra Stradwick Oshawa 29, 600.00 1470.00 $33,244. 90 Net 30 Oshawa • Part "A" - Stairs, Hallways, Three (3) Dressing rooms, Two (2) Washrooms. • Part "B" - Two (2) Penalty boxes. !1 A 7 � r TR-77-98 Page 2 As the total project exceeded the budget allocation of $24, 500.00, it is further recommended that Part "B" and One (1) dressing room be deleted which brings the total project cost to $24, 160. 00. After further review and analysis of the bid submission by both the Community Services Department and the Purchasing Manager, it was mutually agreed that Gym-Con Ltd. , Barrie, Ontario, be recommended for the contract award. The required funds will be drawn from the Community Services 1998 Capital Budget allocation of $24,500.00, page 329. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Any queries with respect to departmental needs, specifications, etc. , should be referred to the Director of Community Services. The subject firm has provided satisfactory service to the Municipality of Clarington in the past. Respectfully submitted, Reviewed by, a arano, H.BSC. , AMCT. , W.H._'Sto6N-ell, ... reasurer Chief Administrative Officer ?ector aruana, Community Services 844 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: OCTOBER 5, 1998 Res. # By-Law# Report#:_mss 14 0.g File#: Subject: CLARINGTON KIDS'OF STEEL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No CS-14-98 be received for information. 1.0 BACKGROUND 1.1 Approximately eight ;(8) years ago, Canada became hooked on the idea of youth triathlons to create a healthy lifestyle -both physically and mentally. Kids of Steel is a multi-sport event designed to offer kids from 7 - 18 years of age an opportunity to participate in a triathlon (swimming, biking and running). The Municipality of Clarington is pleased to be an enthusiastic partner in the growth and development of Kids of Steel races since 1995. The 1998 Clarington Kids of Steel event was a success for everyone involved. The Triathlon held in the Municipality of Clarington, was the fourth time for the series and attracted 120 young athletes ranging in age from 6 to 18 years. 1.2 The success for the 1998 event is directly related to the following: a hard working team of volunteers consisting of Municipality of Clarington employees and outside individuals; a challenging yet safe race course;'Municipal support including: road closure, event set-up and central area location with access to facilities and equipment; and sponsorship from: Williams Telecommunications, Durham Regional Police, Harvey's Restaurants, Loblaws, '7-11 Convenience Stores, Orono Cat World, Clarington Rehabilitation (Dr. Kathleen Hoch) and Canadian Medical Response. ..../2 flpCVCEEO PAPIEfl EA `Me/ RECYCLE 1001 IM k"mm:i""N orcv EP PAPER i 1 I� REPORT CS-14-98 - 2 - OCTOBER 5, 1998 i i 1.3 The overall feedback from competitors, volunteers and spectators was very positive. The Municipality of Clarington Kids of Steel is recognized by the Ontario Association of Triathletes as being one of the best-organized events. It is due to the above mentioned factors and the participation of the youth that we feel very confident in hosting another Annual Clarington Kids of Steel Triathlon again in August 1999. 2.0 CLARINGTON FITNESS CENTRE HEADQUARTERS 2.1 The race headquarters which was located at the Clarington Fitness Centre (49 Liberty Street North) provided quick and direct access from Highway #401, facility exposure for the event, a venue which was safe for competitors and families, while also providing adequate parking. The Bowmanville High School provided a comfortable meeting area for the event meal and awards presentation. 3.0 THE EVENT 3.1 The highlights included: 25 metre pool setting for the swim, bike course on closed paved, flat and climbing roads (no confusion of laps), race kits with sponsor gift donations, promotional material, event t-shirts, event bathing cap, and after race meal consisting of pizza and pop. 4.0 THE ROUTE 4.1 Careful consideration was maintained to ensure a safe, competitive and challenging as well as fun course. Volunteers and officials were stationed along the course for safety and proper direction and encouragement for all participants. 4.2 The Clarington Fitness Centre pool is a 25 metres which allowed for 12 participants per heat, with two (2) minutes between each heat and a fifteen (15) minute stagger between each age group. This system allowed for safe spacing for all participants. The bike and run course consisted of various distances starting and finishing at the Clarington Fitness Centre. The distances varied depending on the age of the athlete. 5.0 AWARDS 5.1 Each participant who crossed the finish line was presented with a certificate of participation and a Clarington Kids of Steel medallion. After the last competitor crossed the fmish line, special awards to the top three (3) participants in each age group were presented with medallions from the Ontario Association of Triathletes. ..../3 1002 REPORT CS-14-98 -3 - OCTOBER 5, 1998 The Association of Triathletes attended this year's event to also award overall recognition to the top participants in this year's series of eleven(11) races in Ontario. 5.2 The Clarington Kids of Steel Triathlon was an Ontario Association of Triathletes sanctioned race with officials present. The event met specified safety standards and parents and officials once again commended us for a well-organized and safe event. 6.0 CONCLUSION 6.1 Due to the enthusiasm and interest shown by parents, participants and volunteers, the Clarington Kids of Steel Triathlon will continue to be an annual event continuing in striving to encourage the youth of the Municipality of Clarington to be a part of this growing ;sport of Triathlons. After four (4) years of competition at the Clarington Fitness Centre, Community Services is already planning for next year's event to be held at the Courtice Community Complex. Respectfully submitted, Reviewed by, Jo . H. Stockwell, C unity Services Department Chief Administrative Officer JPC CG:pg 1003 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T REPORT Meeting: GENERAL PURPOSE AND ADNIINISTRATION COMMITTEE File# Date: OCTOBER 5, 1998 Res. # By-Law# Report#: -9 15 98 File#: Subject: 1998 SUMMER DAY CAMP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No.CS-15-98 be received for information. 1.0 BACKGROUND 1.1 The Municipality of Clarington has offered a'Summer Day Camp program to our residents for over 22 years. This program incorporates a mix of on-site activities and off-site excursions which compliment each other through the use of theme weeks. 1.2 The Summer Day Camp program is advertised in the Community Activity Guide, local newspapers and with approximately 8,000 information flyers distributed to the public through local elementary schools with the assistance of the Northumberland Clarington Public School Board. The registration period started with the home delivery of the Community Activity Guide, 2.0 SUMMER CAMP 2.1 The Summer Adventure Camp operates out of the Garnet B.Rickard Recreation Complex,utilizing the air conditioned Multi-Purpose room, arena floor surface and outside ball diamonds and green spaces. Participants can register for a one week or two week program, with 8 weeks of programming being offered in total. Registration limits varied from a maximum of 40 participants during week 8 (arena floor utilization not available as ice making beings) to a preferred maximum of 45 participants during the other camps. Registration is limited in order to allow the supervision ratio of the participants per program leader to never exceed 10 to 1. This ratio has been established in order to ensure parents that participants are provided with adequate supervision providing maximum safety and enjoyment. .J2 NECYCLED® PAPiEN 1004 PAPEN PECYCLE THOSPNw1E00NREC MOP.VEN REPORT CS-15-98 -2- OCTOBER 5, 1998 2.2 The 1998 registered participation in this program is recorded on the table below. WEEK#1 40 30 WEEK#2 40 39 WEEK#3 40 49 WEEK#4 42 48 WEEK#5 40 39 WEEK#6 43 38 WEEK#7 40 51 WEEK#8 41 41 TOTAL REGISTERED/WEEK� 326 7E 335 2.3 In order to accommodate working parents, extended hours service is provided by the Department allowing parents to drop their children off at the Recreation Complex as early as 8:00 am and pick them up as late as 5:00 pm each day. Day Camp leaders were scheduled to provide on site supervision of children accessing this service. 2.4 The participants were offered several different out trips during the summer camp with visits to places such as; Cobourg Beach, Bowmanville Zoo, McDonalds, Orono Park, Police Station, Lange Pioneer Village,Fitness Centre,Peterborough Zoo,Fire Station,Ontario Science Centre and the Courtice Community Complex. 3.0 COMWENTS 3.1 The Community Services Department has been able to put together a comprehensive package of activities that builds on the success of previous camps. Staff will continue to accommodate as many participants as possible and plans are underway for the summer of 1999. Respectfully submitted, Reviewed by, 4sph Caruana,Director . ockwellty Services Department Chief Administrative Officer JPC:SR:pg 1005 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AWM� M M RRRM ARC �KWMx REPORT Meeting: COUNCIL File# Date: OCTOBER 5, 1998 Res. # By-Law# Report#': - File #: _C.0 Subject: STATUS OF THE"MAST ROAD" Recommendations: It is respectfully recommended to Council the following: 1. THAT Report WD-50-98 be received for information; and 2. THAT Mr. and Mrs. Stapleton and Joan Anderson be provided with a copy of Report WD-50-98. REPORT 1.0 ATTACHMENTS No. 1: Correspondence from Bill and Shirley Stapleton 2.0 BACKGROUND 2.1 The matter of ownership of the property known as "Mast Road" in Lots 11 and 12, Concession 7, former Clarke Township has been an issue due to the fact that the lands arc shown on maps and legal documents as a "travelled road, and there is a history of public use. Correspondence dated September 4, 1998 from Bill and Shirley Stapleton (Attachment No. 1) was considered by Council at its meeting of September 14, 1998. In summary, Mr. and Mrs. Stapleton claim the property known as Mast Road is privately owned by them. At the same meeting on September 14, 1998, a delegation by Joan Anderson was heard by Council expressing concern regarding ownership of the subject lands and that the owners RECYCLED P PEN �PECYIC L( 1 1 01 M5 6 PARMCN AECYCIEDPAPEP REPORT NO.: WD-50-98 PAGE 2 had recently restricted access and use of the road. She requested that the issue be settled and that Mast Road be declared a public access road so that all residents may again enjoy the beauty of nature and freedom to explore the Ganaraska Forest. Council, at its meeting of September 14, 1998,passed Resolution C-677-98, as follows: "THAT the correspondence dated September 4, 1998 from Mr. and Mrs. Bill Stapleton regarding the travelled road between Lots 11 and 12, Concession 8, former Township of Clarke known as the "Mast Road", be received; THAT the correspondence be referred to the Director of Public Works for preparation of a report, including the legal opinion previously received on this matter, to be submitted to the General Purpose and Administration Committee; and THAT Mr. and Mrs. Stapleton and Joan Anderson be advised of Council's decision." 3.0 REVIEW AND COMMENT Status of the"Mast Road" In 1995, Dennis Hefferon, Solicitor, was requested to provide a legal opinion regarding the status of the lands knows as "Mast Road". Mr. Hefferon was specifically requested to examine the question whether the travelled road described as the "Mast Road" in Lots 11 and 12, Concession 8, former Township of Clarke is a public highway, title to which is vested in the Municipality by reason of it having been dedicated as such by the owner of it at some time in the past and accepted as such by members of the public or by the Municipality on their behalf. Mr. Hefferon's opinion, as stated in his response dated March 8, 1995, is as follows: "In my opinion, for the reasons expressed in detail below, no portion of the travelled road in 1102 REPORT NO.: WD-50-98 PAGE 3 question,whether it is located within Lot 11 or Lot 12, Concession 8, as a rnatter of law has been dedicated to the public as a public highway and accepted as such, either by members of the public or by the Municipality acting on their behalf. No portion of it is an original road allowance or is it shown on a registered plan of subdivision, Therefore, in my opinion all portions of the travelled road in question are located on private property. Portions of the southerly section appear to be subject to prescriptive easements in favour of certain of the abutting owners who have constructed houses." Request for Signs The subject "Mast Road" is private property, therefore placement of signs would be at the discretion of the owner. 4.0 CONCLUSION The Solicitors' opinion clearly states that the subject travelled road known as "Mast Road" is private property. Therefore, the Municipality has no jurisdiction over the lands. If the owners in the area still wish to pursue the matter of access over these lands to and from the Ganaraska Forest,it is suggested that this is a civil matter which should be left to the private property owners concerned to resolve. Respectfully submitted, Reviewed by Stephen A Vokes,P. Eng., H. Stockwell, Director of Public Works Chief Administrative Officer JCO*SAV*ce 30/09/98 1103 REPORT NO.: WD-50-98 PAGE 4 Pc: Mr. &Mrs, Bill Stapleton 4352 Concession Road 8 Kendal, ON LOB 1 EO Joan Anderson 4398 Concession Road 8 R.R. #1 Kendal, ON LOA lE0 1104 COUNCIL DIRECTION D 10 Mr . & Mrs . Bill '5 P341 °p-1 4352 Concession j Kendal , Ontario l-LIA (905) 983-8221 1 ACK. Sept 4 ,, . 1998 !! t7RIG}lyFll �.w Clerks Office ; Municipality of Clarington ~• - ° 40 Temperance Street k ° . :._................ Bowmanvi l l e, Ontario L 1 C 3A6 ........... .. Attention Mayor Hamre and Members of Council ] Re Joan �� f�. � .... ... n Anderson and others and Mr . and Mrs . Wi11 � �?it"� Stapleton and the Travelled 'Road'' between Lots 11 and 12 ;"°CbTrC•e-S.s•r0n- Clarke, in Clarington 'known as the "Mast Road" and also the forced fire road branching therefrom to the Ganaraska In response to a letter we received on Aug 30 1998 from Joan Anderson, James and Laura savage-, Marion Hamilton, Nellie Martin, Joyce Boudreau, Ray' and' Karen, Christopher and a second letter with affidavits dated Sept . 1 , 1998 from W. Kay Lycett , LLB. !,Q. C. we would like to submit the following : We have consulted the town representatives on numerous occassions with regard to ownership and controlled. access to the above mentioned lands'. You wi l find documentation 'in the municipality ' s Publ 'Lc Works ' Dept . files that , in the opinion of not one but two of the town solicitors over the years , the property in question is pr;i ate. and therefore is not a matter for the municipality . Exam; 1 es of letter's in reference; 1) ;dated Jul 25 1988 from David J .D. Sims to W ,A. Evans , Esq. with copies to D. Hamre, D . Patterson, and H . Elliott 2) dated Mar >14 , 1995 to ,William Stapleton from Walter A. Evans , P . Eng. with copies to Mayor D . nanre and W . :, . Stockwell , C.A.O. With regard to the historic Mast Road. It has over the years evolved into a year round creek which Mr . Dennis Hefferon observed when he did his examination of the above mentioned properties in 1995 . With this natural ecological development it has made the oid Mast Road and surrounding area environmentally sensitive which subsequently has resulted in the Ganaraska Conservation Authority closing this portion of land. There are already two designated accesses to the Ganaraska Forest approximately /4 !n4 l P from ot:;- property and the Ganaraska Conservation Authority ' has strongly indicated to us that they are not interested in another. . The two existing designated entrances' provide - ample 'access for anyone in this area to enter the Ganaraska Forest without having to cross our private property , T 1 0 5 . REPORT NO.: WD-50-98 In connection to the affidavits submitted stating there has been no incumbrance on the above stated lands ; we have on file a letter from Barry A. Walters / LLB representing Mr . & Mrs . Harland Elliott to Mr . & Mrs . Gary Martin dated Oct 6 , 1992 stating and I auot ,- "I t is NOT a public road and my clients have every right to stop it urn by means of a gate or such other method as they may choose" . This is a total contradiction 'to the affidavits signed by Mr . & Mrs . Elliott on Aug 26 , 1998 . There was some confusion as to the ownership of Part 1 Plan 1OR- 3368 , however Mr . G . Doug Coggan, Ontario Land Surveyor was able to clarify the issue in discussions with Merrill Brown and Charles Rilev . Every effort has been made over the years by both the former owners Mr . & Mrs . Jack Stapleton and ourselves to restrict/control who crossed our property . Very visible NO TRESPASSING signs have always and continue to be posted on the property as well as gates at both ends of what is referred to as the travelled road . We have , over the years , given permission to select individuals to cross our property to access the Ganaraska Forest ; but —these same individuals now seem to think it ' s their RIGHT instead of a Privilege to use our property . We currently have a land use agreement with the Ganaraska Snowmobile Club, on a year by year basis , for approximately 4 months of the year to use the easterly fork of Part 4 Plan lOR-3923 and Part 1 Plan 1OR-3368 as part of the groomed snowmobile trail system. This portion of the trail system connects snowrnobi : E s from Kendal and the surrounding area to the rest of the groomed trail ;, which the other two Ganaraska Conservation r,_.tho . des .grated ac.cE:r:,ses are iot meant for . During t'-.e season. we remove our gates for snowmobilers , howeve} at'.�, t�,F snowmobile season the gates are reinstalled . It should be noted that the Ganaraska Snowmobile Club assumes all liability fo, snowmobilers crossing our property . In closing we believe , as we ' ve been advised so many times by the representatives of the Municipality of Clarington , that this is our private property and the control of who does and does not hav, access to it is totally our choice . Respectfully yo rs n Bill Shirley Stapleton 1106 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File# Date: OCTOBER 5, 1998 Res. #_ By-Law# Report#: WD-51-98 File #: Subject: SKATEPARK'-GARNET B.RICKARD RECREATION COMPLEX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-51-98 be received for information; and 2. THAT the detailed design and cost estimates for the development of a skatepark at the Garnet B. Rickard Recreation Complex site be completed this year and that the construction of the facility be referred to the Municipality's 1999 Capital Budget and Four-Year Forecast. REPORT 1.0 ATTACHMENTS No. 1: Key Map and Conceptual Skatepark Design 2.0 BACKGROUND 2.1 The Municipality's 1998 Capital Budget and Four-Year Forecast provides$20,000 for the development of a skateboard park("skatepark")at the Garnet B.Rickard Recreation Complex site. This budget item includes the preparation of conceptual and detailed designs,both of which are necessary for the implementation and construction of this project. Public Works Staff liaised with a local skateboard youth group,to gather information and discuss various skateboard elements that should be incorporated into atypical skatepark design. These meetings resulted in an understanding of the skateboarding elements and the user group skill level (beginner to advanced)that the final design of the skatepark should incorporate. RECYCLED PAPIE APE. flEDYGLL 1 1 O ! APEN �E�// E -. M5 S PRWMDCN AECYCLEC PAPER REPORT NO.: WD-51-98 PAGE 2 The Landscape Architecture firm of Cosburn Giberson Consultants Inc. has prepared a conceptual design for a skateboard park at the Garnet B. Rickard Recreation Complex site. This firm is quite familiar with this site since they prepared the Community Park Master Plan for the siting of the existing facilities. 3.0 REVIEW AND COMMENT 3.1 Skatepark Site The success of a skatepark relies on the integration of a suitable location with an appropriate design. The proposed location of the skatepark is as shown on Attachment No. 1. The Garnet B. Rickard Recreation Complex site lends itself as an ideal location for a skatepark because it possesses the following characteristics: a) sufficiently large enough to accommodate the skatepark and effective landscaping; b) centrally located and is accessible by foot,bicycle or public or private transportation; c) separated from adjacent residential areas by an adequate buffer zone; d) located near ancillary facilities(such as a parking lot) and other community facilities; and e) accessible to telephone, first aid or emergency access Although the Rickard Complex site is an ideal location, the design of the skatepark must be compatible with the surrounding architccturc aml CI1vIiUimicii(al CIC111cills, f1w1(-h'V I)mvidliil, 'Ic liii �, REPORT NO. WD-51-98 PAGE 3 7. providing high quality and low maintenance construction materials; and 8. providing a cost effective facility The selection of the appropriate construction materials for the park will significantly:influence the overall design and usability of the park. Staff reviewed two types of recently constructed skateparks in the area, each of which utilized different construction materials, and assessed the advantages, disadvantages and construction cost of each. Asphalt/Wooden Skatepark Construction Materials: Constructed using an asphalt skating surface and wooden,portable skateboard elements. Advantages: • Low construction and installation costs • Low maintenance cost due to its basic design • Suitable for rollerblading • Accommodates generally beginner and intermediate skill levels • New skill elements can easily be added Disadvantages: • Low aesthetic quality, due to construction material • Higher maintenance costs due to construction material • Limited to basic skateboard elements due to construction material • Skateboard elements are of poorer construction leading to possible liability crnieenis • Skateboard elements removed for winter season Cost Breakdown: Total Project Costs $43,000 Construction of 4 skateboard elements $10,750 per skateboard element 1109 REPORT NO.: WD-51-98 PAGE 4 Concrete Skatepark Construction Materials Constructed using a concrete skating surface with concrete skateboard elements Advantages: • Excellent all-around facility • Sensitive to wide range of age groups and skill levels (beginners to advanced) • Low maintenance, due to concrete construction • Use is not limited to skateboarders only, design elements incorporate rollerbladers very well • Wide range of different skill elements • Aesthetic qualities are high and location is very well integrated with surrounding uses • Easily expandable • Construction allows for potential year-round use Disadvantages: • All concrete construction is more expensive. Cost Breakdown: Total Project Cost $169,000 Construction of 12 skateboard elements $14,100 per skateboard element 3.3 Skatepark Design Selection The concrete Skatepark design represents the most suitable type of skateboard facility that compliments being located next to the Garnet B.Rickard Recreation Complex. It is a facility that incorporates a wide variety of skateboard elements in,a highly durable concrete construction. This type of facility also services the broadest range of users, beginners through to advanced skill levels, for both skateboarding as well as rollerbladers. Although the construction costs per skateboard element are higher, the quality and quantity of the skateboard elements,durability of the facility, low maintenance costs,potential for year round 1110 REPORT NO.: WD-51-98 PAGE 5 use make this facility the superior product. It is concluded by staff that a concrete skatepark would provide for the most cost-effective usp of funds and land,over the long term. 3.4 Conceptual Design Our consultants, Cosburn Giberson,have prepared a conceptual plan for our skatepark that is constructed of concrete and incorporates 12 skateboard elements. This conceptual design is shown on Attachment#1. Although we have not commenced the detailed design stage of the project, the estimated cost of our skatepark facility is$167,000.' 4.0 RECOMMENDATIONS Staff recommend that a concrete skatepark should be constructed at the Garnet B. Rickard Recreation Complex site as shown in the conceptual design prepared by Cosburn Giberson. It is further recommended that the detailed design and cost estimates be completed this year and that the construction of the facility at the Garnet B.Rickard Recreation Complex site be included in the Municipality's 1999 Capital Budget and Four-Year Forecast. Respectfully submitted, Reviewed by, Stephen A.Yokes,P. Eng., aHStockwell,` Director of Public Works Chief Administrative Officer ASC*SAV*ce 30/09/98 X0551 P l�.c { rAr2 f � bou�� 'T x f Lid �2�c� lo. ��iL - - - - - - - - - - - DURHAM _ REGIONAL EXISTING POLICE ASEBALL Lo IAMOND O BUBJE GARNET B. RI KARD I SST C PLEX p .--� w �\ K G S4a�T — HIGHWAY NO. 2 DRAWN BY: 1M [DATE: SEPT, 1998 ATTACHMENT NO,1 KEY MAP REPORT NO.! WD-51-98