HomeMy WebLinkAbout11/02/1998 �'i�n_ �arinU
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: NOVEMBER 2, 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 October 19, 1998
4. DELEGATIONS
(a) Don Pebbles, Chair, Ad Hoc Committee, Clarington
Public Library, 62 Temperance Street, Bowmanville
L1 C 3A8 — 1998 Budget Request— Rental Agreement
Newcastle Branch
5. PUBLIC MEETINGS
(a) Clarington Official Plan Amendment Part Lot 18
Concession 4, Former Township of Clarke
REPORT PD-127-98 — WALTER AND JAMES HALE 501
(b) Draft Plan of Subdivision Application, Part
Lots 32 and 33, Concession 3, Former Township of
Darlington
REPORT PD-128-98 — KASSINGER CONSTRUCTION LTD./
GEARING FARMS LTD. 503
6. PLANNING AND DEVELOPMENT DEPARTMENT
(a) PD-127-98 - Clarington Official Plan Amendment
Walter and James Hale, Part Lot 18
Concession 4, Former Township of
Clarke 601
(b) PD-128-98 - Draft Plan of Subdivision Application
18T-98012, H. Kassinger Construction Ltd./
Gearing Farms Ltd., Part Lot 33,
Concession 3, Former Township of Darlington
and Block 219, 1OM-826 610
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEV PERANCE STREET • ROWMANVII 1 F - ___ ____ __ ..
G.P.& A. Agenda . 2 - November 2, 1998
(c) PD-129-98 - Information Report on Bill 146
Farming and Food Production Act 620
(d) PD-130-98 - Monitoring of the Decisions of the
Committee of Adjustment for the
Meeting of October 15, 1998 623
7. CLERK'S DEPARTMENT
(a) CD-55-98 - Clarington Animal Services Division
Policies and Procedures Manual 701
(b) CD-56-98 - Animal Services Monthly Report for
the Month of August 1998 718
(c) CD-57-98 - Animal Services Monthly Report for
the Month of September 1998 720
(d) CD-58-98 - Property Standards Order Enforcement 722
(e) CD-59-98 - Ministry of Transportation, Municipal
Parking Tag Program 731
8. TREASURY DEPARTMENT
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(a) TR-81-98 - Year 2000 Status Update 801
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9. FIRE DEPARTMENT
No Reports
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10. COQ IMUNITY SERVICES DEPARTMENT
No Reports
11 . PUBLIC WORKS DEPARTMENT
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No Reports
12. ADMINISTRATION
No Reports
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13. UNFINISHED BUSINESS
14, OTHER BUSINESS
G.P.& A. Agenda - 3 - November 2, 1998
15. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee October 19, 1998
Minutes of a meeting of the General Purpose and
Administration Committee held on Monday,
October 19, 1998 at 9:35 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
j Also Present: Chief Administrative Officer,W.Stockwell(until 11:30 a.m.)
Director of Community Services,J.Caruana(until 11:30 a.m.)
Fire Chief, M.Creighton(until 11:30 a.m.)
Treasurer,M.Marano(until 11:30 a.m.)
Director of Public Works,S.Vokes(until 11:30 a.m.)
Director of Planning and Development,F.Wu(until 11:30 a.m.)
Deputy Clerk,M.Knight
Mayor Hamre chaired this portion of the meeting.
DISCLOSURE OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest.
MINUTES
Resolution#GPA-554-98
Moved by Councillor Novak,seconded by Councillor Mutton
THAT the minutes of a regular meeting of the General Purpose and Administration
Committee held on October 5, 1998,be approved.
"CARRIED"
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DELEGATIONS
(a) Glen Parks,72 Jackman Road,Bowmanville,L1C 2C9—advised that
Walter Gibson who has prepared an Environmental Report was also present to
answer questions from Members of the Committee. Mr.Parks expressed
disagreement with Sections 2.2,2.3,2.4,4.1.2,4.2,6.3,7.2,73,7.4, 7.6,7.8
and 7.9. He noted that,in his estimation,there is no difference in value
between 1 and 2 acre lots and that there are no valid reasons to support the
recommendation to deny this application.
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G.P. &A. Minutes -2- October 19, 1998
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DELEGATIONS CONT'D
(b) Sam Gust, 138 Queen Street,Bowmjxr-ille,UC 1M9—ac v;ised that, in his
opinion,he has unjustly be accused arc-that these charges ar iiot realistic. He
is working towards a positive resoluticc -w clean up the dereu, cars but
vandalism has delayed this process.
Resolution#GPA-555-98
Moved by Councillor Novak,seconded b,. _:nuncillor Rowe
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THAT the confidential delegation pertain--_ zo a personnel matter scheduled for
2:00 p.m.be deferred to the end of the aaevc'n to be considered ar I "closed"
meeting at 2:00 p.m.
Councillor Novak chaired this portion of tEe meeeting.
PLANNING AND DEVELOPMENT DEPARTMENT
Rezoning Resolution#GPA-556-98
Application
Parks Moved by Councillor Young,seconded by]fayor Hamre
D 14.DEV.98.010
THAT Report PD-121-98 be received;
THAT the application to amend Compreheas�ive Zoning By-law 8a-631 of the former
Town of Newcastle,as amended,submitted_bm,Glen and Barbara=.- -s to reduce
the minimum lot size from 0.8 hectares to 0.-I lectares be denied:
THAT a copy of Report PD-121-98 and Cc il's decision be for 7arded to the
Region of Durham Planning Department..an
THAT all interested parties listed in Repo-_7D-121-98 and any ce�f:igations be
advised of Council's decision.
Waterfront Trail Resolution#GPA-55"-98
D03.WA
Moved by Councillor Mutton,seconded bv =.nuncillor Rowe
THAT Report PD-122-98 be received;
THAT Lakeshore Road from Bond Head v_ -tarington/Hope Tow slip boundary
be designated as the Waterfront Trail as micas on Attachment#_ __ Report
PD-122-98;
THAT the sum of$3.000.00 be withdra%za�_- m the Waterfront T=i_ Reserve
Account for purchasing the signs for the T=1 east of Bond Head: c
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G.P. &A. Minutes -3 - October 19, 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
THAT the persons listed on the interested parties list attached to Report PD-122-98
be forwarded a copy of Report PD-122-98 and a copy of Council's decision.
"CARRIED"
Transportation Resolution#GPA-558-98
Tomorrow Survey
T08. Moved by Councillor Schell,seconded by Councillor Mutton
THAT Report PD-123-98 be received for information.
"CARRIED"
Proposed Street Resolution#GPA-559-98
Name Change
D19.ST Moved by Councillor Schell,seconded by Councillor Rowe
THAT Report PD-124-98 be received;
THAT staff be authorized to take the appropriate action pursuant to municipal
policy and the provisions of Section 210(111)of the Municipal Act,for
consideration of the proposed street name change of a portion of"Cecil Found
Crescent"to"George Reynolds Drive";
THAT the landowners fronting onto that portion of Cecil Found Crescent be
provided additional notice through first class mail circulation;and
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THAT all interested parties listed in Report PD-124-98 and any delegations be
advised of Council's decision.
"CARRIED"
School Resolution#GPA-560-98
Crossing Guard
Requests Moved by Councillor Trim,seconded by Councillor Schell
A09.SC
THAT Report PD-125-98 be received;
THAT Adult School Crossing Guards be approved at Liberty Street at Clayton
Crescent and at Scugog Street at Jackman Road and further the 1999 operating
budget be increased by$12,000.00;and
THAT all interested parties listed in Report PD-125-98 and any delegations be
advised of Council's decision.
"CARRIED"
Penwest Subdivision Resolution#GPA-561-98
Phase 4
Certificate of Moved by Councillor Young,seconded by Councillor Schell
Release
D12. THAT Report PD-126-98 be received;
G.P.&A. Minutes -4- October 19, 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement
between the Municipality and Penwest Development Corporation Limited,the
Municipality has no objections to the issuance of the"Certificate of Release";
THAT the Mayor and Clerk be authorized by by-law to execute,on behalf of the
Municipality of Clarington,the"Certificate of Release";and
THAT all interested parties listed in Report PD-126-98 and any delegations be
advised of Council's decision.
"CARRIED"
Resolution#GPA-562-98
Moved by Mayor Hamre,seconded by Councillor Rowe
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THAT the Committee recess for 15 minutes.
- CARRIED
The meeting reconvened at 11:00 a.m.
Councillor Trim chaired this portion of the meeting.
CLERK'S DEPARTMENT
Delegation of Resolution#GPA-563-98
Sam Gust
Moved by Councillor Young,seconded by Councillor Rowe
THAT Report CD-53-98 be received;and
THAT a copy of Report CD-53-98 be forwarded to Mr.Gust.
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"CARRIED"
Parking Resolution#GPA-564-98
Enforcement Report
for September Moved by Councillor Schell,seconded by Councillor Novak
1998
T02.PA THAT Report CD-54-98 be received for information;and
THAT a copy of Report CD-54-98 be forwarded to the Bowmanville Business
Centre for their information.
"CARRIED"
Councillor Mutton chaired this portion of the meeting.
G.P.&A.Minutes -5- October 19, 1998
TREASURY DEPARTMENT
1997 Audit Resolution#GPA-565-98
Report and
Management Moving by Mayor Hamre,seconded by Councillor Rowe
F03.
THAT Report TR-78-98 be received;and
THAT the recommendations and actions identified in the body of Report TR-78-98
be endorsed.
"CARRIED"
Cash Activity Resolution#GPA-566-98
Report August 1998
F10.CA Moved by Councillor Schell,seconded by Councillor Young
THAT Report TR-79-98 be received;
THAT,in accordance with provisions 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 August 31, 1998,is as shown on
the schedule attached to Report TR-79-98;and
THAT Part"A"of the expenditures for the month of August 1998,be confirmed.
"CARRIED"
Councillor Schell chaired this portion of the meeting.
FIRE DEPARTMENT
Monthly Fire Resolution#GPA-567-98
Report September
1998 Moved by Councillor Rowe,seconded by Councillor Novak
P 16.FD
THAT Report FD-14-98 be received for information.
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"CARRIED"
COMMUNITY SERVICES DEPARTMENT
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There were no reports considered under this section of the agenda.
Councillor Young chaired this portion of the meeting.
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PUBLIC WORKS DEPARTMENT
Monthly Report Resolution#GPA-568-98
Building Permit
September 1998 Moved by Councillor Trim,seconded by Councillor Schell
P 10.BU
THAT Report WD-52-98 be received for information.
"CARRIED"
G.P. &A. Minutes -6- October 19, 1998
PUBLIC WORKS DEPARTMENT CONT'D
Dale Park Resolution#GPA-569-98
Subdivision
Completion of Moved by Councillor Schell,seconded by Mayor Hamre
all Outstanding
Works THAT Report WD-53-98 be received for information;
D 12.
THAT the Director of Public Works be authorized to issue a`Final Notification
Letter' to Reward Building and Development Inc.,and their surety,stating a
completion deadline of November 15, 1998,for all outstanding works;
THAT upon expiration of the aforementioned deadline,the developer's Letter of
Credit be drawn down,in the full amount;
THAT the Director be authorized to expend said monies pursuant to all obligations
incurred or to be incurred by the Corporation of the Municipality of Clarington in
accordance with the Subdivision Agreement between Reward Building and
Development Inc.,and the Corporation of the Municipality of Clarington;and
THAT Reward Building and Develoment Inc.and Royal Bank of Canada be
advised of Council's decision and be provided with a copy of Report WD-53-98.
"CARRIED"
Truck Traffic Resolution#GPA-570-98
Cobbledick Street
Orono Moved by Councillor Mutton,seconded by Councillor Trim
T08.
THAT Report WD-54-98 be received for information;
THAT additional"Truck Route"signs be posted in Orono to encourage the use of
Highway 35/115 rather than Cobbledick Street;and
THAT Wes Knapp be advised of Council's decision.
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"CARRIED"
Addendum Resolution#GPA-571-98
to Report
WD-34-98 Moved by Councillor Schell,seconded by Councillor Rowe
THAT Addendum to Report WD-34-98 be received for information;
THAT the Public Works Department erect a standard metal sign on a 4 X 4 post,
similar in quality to a normal roadside sign,to recognize the spring location: and
THAT Mr. Cameron be provided with a copy of the Addendum to Report
WD-34-98 and advised of Council's decision.
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"CARRIED"
Mayor Harare chaired this portion of the meeting.
G.P.&A. Minutes -7- October 19, 1998
ADMINISTRATION
There were no reports considered under this section of the agenda.
UNFINISHED BUSINESS
There were no items considered under this section of the agenda.
OTHER BUSINESS
The Treasurer was requested to prepare a status report on the funding of the
Courtice Community Complex,the Library and privately leased space including the
total funds generated from the Courtice Community Complex Fundraising
Committee.
Resolution#GPA-572-98
Moved by Councillor Young,seconded by Councillor Mutton
THAT the Committee recess until 2:00 P.m.
"CARRIED"
The meeting reconvened at 2:00 p.m.
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Resolution#GPA-573-98
THAT the actions taken at the"closed"meeting be ratified.
"CARRIED"
ADJOURNMENT
Resolution#GPA-574-98
Moved by Councillor Young,seconded by Councillor Trim
THAT the meeting adjourn at 2:50 p.m.
"CARRIED"
MAYOR
DEPUTY CLERK
C (i7
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT:
NOTICE OF PUBLIC MEETING James l
Walter � James Hale
E,
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
t Feting to consider a proposed amendment to the Clarington Official Plan under Section 17 of the Planning
Act, 1990, as amended.
DATE: MONDAY, NOVEMBER 2, 1998
TIME: 9:30 A.M.
PLACE: Council Chambers, Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
The proposed official plan amendment submitted by Sam Cureatz on behalf of Walter and James Hale would
z ow the creation of a lot deemed surplus to the farm operation in Part Lot 18, Concession 4, former
iwnship of Clarke (as shown on the reverse).
ie lands in question are also subject to the following application: Durham Region Official Plan Amendment
.)plication (ROPA 98-008).
AY PERSON may attend the public meeting and/or make written or verbal representation either in support
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
S insidered.
IF YOU wish to make a written submission in respect of the Official Plan Amendment Application, it should
h, made to Mr. Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development at the Municipal
]dress given below.
IF YOU wish to be notified of the adoption of the proposed Official<Plan Amendment you must"make a
1 itten request to the Clerk's Department of the Municipality of Clarington, 40 Temperance Street,
fsowmanville,Ont. L1 C 3A6.
IA PERSON OR 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 Municipality of Clarington before the proposed Official Plan Amendment is adopted, the
Mario Municipal Board may dismiss all or part of the appeal
THE PROPOSED Official Plan Amendment text and background materials relating to the proposal are
� ailable for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and
).igust) at the Planning and Development Department, Municipal Administrative Centre, 40 Temperance
Street, Bowmanville, Ontario or by calling Heather Brooks at 623-3379.
DATE AT E MUNICIPALITY OF CLARINGTON
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T ept5 1998
v A
Patti B ie, CI <
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Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
PLANNING FILE: COPA 98-005
CLERK'S FILE: D09.OPA 98-005
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SUBJECT SITE
PROPOSED SURPLUS DWELLING LOT
OTHER LANDS OWNED BY APPLICANT
CONCE SION ROA 5
LOT 20 LOT 19 LOT 18 LOT 17 LOT 16
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CONCESSION ROAD 4
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CLARKE CO PA. 98-005
KEY MAP RO PA. 98-008
502
L\Jr\rlJl\/AI IlJ1N �JI I I IL IVIUIVII,IV/AL II 1 Ur l.Lt\lk11VUILJIV
NOTICE OF PUBLIC MEETING REPORT: PD-128-98
Gearing Farms/ Rassinger Constr. Ltd./
TAKE NOTICE that an application for approval of a plan of subdivision has been received by the Regional
Municipality of Durham, pursuant to Section 51 of the Planning Act 1990, as amended.
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to
consider the proposed Plan of Subdivision under Section 51 of the Planning Act, 1990,as amended.
The proposed Plan of Subdivision, submitted by D. G. Biddle & Associates Ltd. on behalf of H. Kassinger
Construction Ltd. and Gearing Fams Ltd. is located in Part Lot 33, Concession 3, former Township if Darlington
and Block 219, 1 OM-826 (as shown on reverse) and is comprised of 10 lots and 12 blocks, for a total of 16 single
detached units
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or
in opposition to the proposal. In that Staff can not confirm the precise time at which the Public Meeting portion of
the agenda will be heard, it is noted for your information that the start time listed below reflects the time at which
the General Purpose and Administration Committee Meeting commences.
DATE: MONDAY, NOVEMBER 2, 1998
TIME: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
j 40 Temperance St., Bowmanville, Ontario
IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the
proposed plan of subdivision does not make oral submissions at a public meeting or make written submissions to
the Municipality of Clarington before the proposed plan of subdivision is approved or refused, the Ontario
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Municipal Board may dismiss all or part of the appeal.
IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Region of Durham as the approval
authority, in respect of the proposed plari of subdivision,does not make oral submissions at the public meeting, or
make written submissions to the Region of Durham before the proposed plan of subdivision is approved or
refused, the Ontario Municipal Board may dismiss the appeal.
If you wish to be notified of the decision of the Region of Durham in respect of this proposed plan of subdivision,
you must make a written request to the Region of Durham, Planning Department, 1615 Dundas Street East, 4th
Floor, Lang Tower, West Building, P.O. Box 623,Whitby, Ontario, L1 N 6A3.
ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30
p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance
Street, Bowmanville, Ontario or by calling Isabel Little at 623-3379.
DATED AT THE MUNICIPALITY
OF CLARINGTON
THIS 1st AY OF October 1998
Patti B i er
M cipality larington
0 Temperance Street
BOWMANVILLE, Ontario LIC 3A6
PLANNING FILE: 18T-98012
CLERK'S FILE: D12.18T-98012
503
D\: PD-127-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 2, 1998 Res. #
Report #: PD-127-98 File #: COPA 98-005 (X-REF: ROPA 98-008) By-law #
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION
APPLICANT: WALTER &JAMES HALE
PART LOT 18, CONCESSION 4, FORMER TOWNSHIP OF CLARKE
FILE NO.: COPA 98-005 (X-REF: ROPA 98-008)
Recommendations:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following
1. THAT Report PD-127-98 be received;
2. THAT application to amend the Clarington Official Plan, as amended, submitted by Sam
Cureatz on behalf of Walter and James Hale, be referred back to Staff for further
processing and the preparation of a subsequent report upon receipt and resolution of all
outstanding issues and comments; and
3. THAT Durham Region Planning Department receive a copy of this report and that all
interested parties listed in this report, including Durham Region, and any delegations be
advised of Council's decision.
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1. APPLICATION DETAILS
1.1 Applicant: Sam Cureatz
1.2 Owner: Walter & James Hale
1.3 Clarington Official Plan Amendment:
from Prime Agricultural Area to a designation appropriate to permit the
severance of a dwelling surplus to a farm operation.
1 .4 Area: 2.65 ha (6.5 acre) portion of a 78 ha (193 acre) parcel
601
REPORT PD-127-98 PAGE 2
2. LOCATION
2.1 The subject lands are located in Part of Lot 18, Concession 4, former Township of Clarke.
The property has the following municipal address: 4301 Walsh Road. The lands are
situated on the east side of Walsh Road, north of Concession Road 4. The applicant also
owns lands on the west side of Walsh Road.
3. BACKGROUND
3.1 On August 7, 1998, the Municipality of Clarington Planning Department received an
application to amend the Clarington Official Plan. The application was incomplete when
originally submitted. When all the information was provided, the application was then
circulated to various agencies for their comment on September 3, 1998.
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3.2 In addition, an application to amend the Region of Durham Official Plan (OPA 98-008)
was submitted on August 10, 1998.
3.3 The Durham Region Planning Department submitted a public meeting report to Durham
Region Planning Committee addressing OPA 98-008 on October 13, 1998. At this
meeting, no one spoke in opposition to the application.
4. EXISTING AND SURROUNDING USES
4.1 Existing Use: A farm residence surrounded by agricultural activities
4.2 Surrounding Uses: North - agricultural activities
South - agricultural activities
East - agricultural activities and forested area
West - agricultural activities
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
602
REPORT PD-127-98 PAGE 3
"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)."
6. OFFICIAL PLAN POLICIES
6.1 Regional Official Plan
The Durham Region Official Plan designates the subject lands "Permanent Agricultural
Reserve". Lands so designated shall be used primarily for agricultural purposes. The
severance of a surplus dwelling is permitted if it is the result of consolidation 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. As such,
the applicant has submitted an Official Plan Amendment application to the Durham
Regional Planning Department (OPA 98-008).
6.2 Clarington Official Plan
The subject lands are designated "Prime Agricultural Area" in the Clarington Official Plan.
Lands so designated shall be predominantly used for farm purposes. 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, 1974;
b) the farm to be acquired is a minimum of 40 hectares;
c) The dwelling to be severed is not required for farm employees;
d) the surplus dwelling lot is generally less than 0.6 hectares; and
e) it is registered on title that once a surplus dwelling lot is severed, no further
severance is permitted from the parcel for retirement purposes.
7. ZONING BY-LAW
7.1 The subject lands are zoned "Agricultural Exception (A-1)". Farm uses shall prevail on
lands so zoned.
603
REPORT PD-127-98 PAGE 4
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.
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; and
• written notice was circulated to all assessed property owners within 120 metres of the
subject lands.
8.2 At the time of writing of this report, no comments have been received from the public
either in support or opposition to this application.
9. AGENCY COMMENTS
9.1 Staff circulated the application and the following agencies had no objection to the
application:
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Clarington Public Works Department; and
Clarington Fire Department.
Comments have yet to be received from:
Durham Region Planning Department; and
Ganaraska Region Conservation Authority.
9.2 The Durham Region Health Department noted that the applicant would have to confirm
the location of the existing sewage system, ensuring it is located on the property to be
severed. In addition, it is also required that a drilled well be constructed for the subject
property. The existing well is a dug well and is located on the lands proposed to remain
with the farm.
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REPORT PD-127-98 PAGE 3
10. STAFF COMMENTS
10.1 The subject house is located on 78 ha (193 acres) of farm land. The applicant has another
farm holding on the west side of Walsh Road. Two farm parcels operated by the same
farmer separated by an open municipal road would qualify as non-abutting farms,
10.2 A previous severance (Application LD 193/96) was approved by the Land Division
Committee on June 24, 1997 to allow the creation of a lot in Part of Lot 19, Concession 4,
former Township of Clarke on behalf of the Hales. The lot having an existing farmhouse
was created through the melding of two farm parcels (see Attachment #1).
The applicants have in the past attempted to create an intra-family lot and a retirement lot
on the subject lands (LD 071/93 and LD 206/93). Both the applications were denied by
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the Land Division Committee as they did not satisfy the requirements of the Durham
Regional Official Plan.
10.3 An agricultural assessment as required, has been prepared by Dale Toombs. The Hales
operate a large livestock business comprising approximately 1000 head of livestock.
They own 9 parcels.of land for a total of 512 hectares. They also rent one 20 ha parcel.
It is acknowledged that farming is not their sole source of income as they also operate a
metal recycling business and a disposal company. Regardless, the livestock operation is a
very large enterprise and is viable on its own accord. The farm employs 2 people part
time and seasonal labour is required during the harvest season. The Hales purchased this
property in 1992 and have rented the house since that time as it was not needed to
accommodate farm employees. The agricultural assessment noted that there are no
livestock facilities within 300 metres of the lot to be severed and that the Minimum
Distance Separation requirements have been complied with. The consultant states that
the farm operation qualifies as a bona fide farm and that the application complies with the
Provincial Policy Statement.
605
REPORT PD-127-98 PAGE 6
10.4 The applicant can satisfy all of the Clarington Official Plan requirements with the
exception of the maximum lot area (0.6 ha) for the surplus dwelling. The subject house is
set quite a distance (250 m) back from the road. In order to sever the house from the
farm, you could create a rectangular shaped property encompassing the house and
laneway. This would result in a significant amount of land being removed from farm
activities. The alternative is to create an irregular shaped lot being wider where the house
is and narrower or tapered towards the road. This alternative would ensure that as much
land as possible remains for agricultural production. The Clarington Official Plan states
that non-farm parcels should generally not exceed 0.6 ha in area. At present, the
applicant is proposing to create a 2.65 ha (6.5 acre) parcel. Staff recognize that due to the
distance the house is setback from the road, if the application is approved, it would be
very difficult to achieve a 0.6 ha lot area. Some flexibility of the lot area ma} be granted
due to the circumstances, however, Staff strongly suggested that the parcel size be further
reduced. The applicant is currently working towards reducing the parcel size.
i
10.4 The Durham Health Department have requested the applicant to provide a drilled well on
the proposed severed lot and to ensure that the septic system is located on the severed
lot. The applicant has advised that they are revising the dimensions of the lot to
accommodate the Durham Region Health Department comments.
11. RECOMMENDAITON
11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning
Act, to provide Committee and Council with some background on the application
submitted and for Staff to indicate issues or areas of concern regarding the subject
application. It is recommended this application be referred back to Staff for further
processing and a subsequent report.
� nA
REPORT PD-127-98 PAGE 7
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell,
Director of Planning & De\.elopment Chief Administrative Officer
HB*DC*FW*cc
October 26, 1998
Attachment No. 1 - Site Map
Attachment No. 2 - Sketch of Farmed Properties
Interested parties to be noti l ied of Council and Committee's decision:
Walter & James Hale
i
4340 Concession Road 4
Newtonville, Ontario
LOA 1 JO
Sam Cureatz
104 James Street West
Newcastle, Ontario
L1B 106
Dale Toombs
Agricultural & Rural Land Use Consulting
15 Walker Street,
Lindsay, Ontario
K9V 5Z8
T 6n7
ATTACHMENT #1
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DN: PD-128-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 2, 1998 Res. #
Report #: PD-128-98 File #: 18T-98012 By-law #
Subject: DRAFT PLAN OF SUBDIVISION APPLICATION 18T-98012
APPLICANT: H. KASSINGER CONSTRUCTION LTD & GEARING FARMS LTD.
PART LOT 33, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON AND
BLOCK 219, 1OM-826
FILE NO.: 18T-98012
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
i
1. THAT Report PD-128-98 be received;
2. THAT the application for proposed Plan of Subdivision, submitted by D. G. Biddle and
Associates Ltd. on behalf of H. Kassinger Construction Ltd. and Gearing Farms Ltd., be
referred back to Staff for further processing and preparation of a subsequent report
I
pending receipt of all outstanding comments, taking into consideration all of the
comments received;
i
3. THAT within 15 days of the Public Meeting, the Commissioner of Planning for the
Region of Durham be advised and provided by sworn declaration from the Clerk, the
following:
i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1)
of the Planning Act for the subject subdivision application;
a copy of the minutes of said meeting;
a copy of all written submissions received by the Municipality;
iv) a list of all persons and public bodies, including their mailing addresses, which
made oral submissions at the public meeting, or,written submissions; and
v) a copy of the report and the Council decision. and,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
610
REPORT PD-128-98 PAGE 2
1 . APPLICATION DETAILS
1 .1 Applicant: H. Kassinger Construction Ltd, and Gearing Farms Ltd.
1 .2 Agent: D. G. Biddle and Associates Ltd.
�'I i i)�i i .► i� � it tl�� �'��tl l 11� ';l l�11��v��f�f O l'
To develop a draft plan of subdivision containing IU lots and 12 blocks,
for a total of 16 single detached dwelling units, and to retain a 2,14
hectare block having frontage on Tooleys Road.
1 .4 Site Area: 3.37 hectares
2. LOCATION
2.1 The area proposed for development is located at the western end of McLellan Drive in
Courtice. The site has frontages on both McLellan Drive and Tooley Road, as depicted
in Attachment No. 1. The portion which fronts onto Tooley Road is located in Part Lot
33, Concession 3, former Township of Darlington. The McLellan Road portion is Block
219, 10M-826, which was a reserved block within the Kassinger Highland Gardens
subdivision immediately to the east.
3. BACKGROUND
3.1 On September 3, 1998, the applicant filed the application for draft plan of subdivision
with both the Region of Durham Planning Department and the Clarington Planning
Department. On September 18, 1998, the Region of Durham notified Clarington
Planning of the file number for the application and the proposal was duly circulated.
4. EXISTING AND SURROUNDING USES
4.1 Existing Use: Tooley Road portion — large lot residential
Block 219, 1 OM-826 — vacant land
4.2 Surrounding Uses: North - large lot residential
South - large lot residential
East - urban residential
611
REPORT PD-128-98 PAGE 3
West - large lot residential
5. OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan identifies the subject property as being designated
"Living Area" and "Major Open Space" with "Environmentally Sensitive Areas". The
primary function of the Living Area designation is for housing purposes. The Major
Open Space system is noted for its ecological benefits with stream valleys being
identified as one of the main features of the system. It is the goal of the Durham Region
Official Plan to link the Lake Ontario shoreline to the Oak Ridges Moraine by utilizing
the Major Open Space system corridors throughout the Municipality.
5.2 The subject lands are designated� g "Urban Residential and Environmental Protection
Area" within the Clarington Official Plan. The Environmental Protection Area
designation covers approximately one half of the site. This designation identifies
I,
Farewell Creek, which flows in a north south direction through the middle of property,as
well as the environmentally sensitive areas surrounding the creek bed. The balance of
the property is designated Urban Residential.
5.3 Section 14.4 of the Clarington Official Plan contains specific policies addressing
Environmental Protection Areas. On such lands the setback for development is to be
determined in consultation with the Conservation Authority and the Province. The
setback is -
a to be from top-of-bank and is to be based on the stability of the slope and the
sensitivity of the valley. The setback for all other natural features within the
Environmental Protection Area, such as woodlots, shall be determined based on the
sensitivity of the specific natural feature.
5.4 The Natural Features Map C1 identifies Farewell Creek as a Cold Water Stream with
Hazard Lands. A Tableland Woodlot is indicated, and the entire property falls within
612
REPORT PD-128-98 PAGE 4
the Lake Iroquois Beach. These natural features are recognized as major components of
the natural environment.
5.5 The Lake Iroquois Beach is identified for its extensive forested areas and wildlife habitat,
i
and its locally significant functions of groundwater discharge and recharge. Plans of
Subdivision located within the Lake Iroquois Beach are to contain provisions for the j
maintenance of groundwater functions. These may include special house and
infrastructure design requirements, storm water management or construction techniques. (,
Section 4.7.4 of the Clarington Official Plan states that prior to the approval of any
development proposal which includes the removal of part or all of a woodlot, the
significance of the woodlot shall be assessed in accordance with Section 4.3.8 of the
Plan, and if appropriate, a woodlot preservation plan and management plan shall be
prepared.
5.6 Section 4.3.8 requires that an Environmental Impact Study (EIS) be undertaken for
development applications located within or adjacent to any natural features identified
on Map C, and the expense of the study is to be borne by the applicant. The applicant
has been informed of the requirement of an EIS and is aware that a recommendation
cannot be made to the Region of Durham on thb application until the Study is submitted
and accepted by the Municipality.
5.7 Section 20.2.3 of the Clarin to
g n Official Plan requires -
q s a sub watershed p Ian to be
prepared and approved prior to approval of any draft plan of subdivision unless prior to j
the approval of the Official Plan, a master drainage plan had been approved for the area
subject to development. This proposed application has been included in the master
drainage plan for the Highland Gardens development. Therefore, a sub-watershed plan
is not required for this development. j
6. ZONING BY-LAW CONFORMITY
i
REPORT PD-128-98 PAGE 5
6.1 The subject lands are currently zoned "Holding Residential Type One (R1 V" for the area
w @§t of Fir @w @II Cr @ @I , "(1-lolding) Uri�Ar� I�@§id@r�tial Type Onr. ((I I)I� I �° f�,i Ilir ;,ir;,
east of Farewell Creek, and "Environmental Protection (EP)" for the creek valley and its
floodlands. The R1 zone permits single detached and semi-detached/ linked dwelling
units. Single detached units require a minimum lot frontage of 15 metres. Semi-
detached or linked dwelling units require a minimum lot frontage of 18 metres. The
application proposes minimum lot frontages of 16 metres which would allow for the
i
construction of single detached units only. The Environmental Protection zone does not
permit the construction of any buildings or structures, and all construction must be set
back a minimum of 3 metres from the EP boundary.
6.2 Prior to development of the plan of subdivision a removal of Holding would be required
to be approved by the Municipality. As of the writing of this report an application has
not been filed to remove the Holding symbol.
i
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the Planning
Act, the appropriate signage acknowledging the application was erected on the subject
lands. The required notice was also mailed to each landowner within the prescribed
distance.
7.2 Staff have received four verbal inquiries into the application. Two were from residents
of Tooley Road, inquiring whether the proposal would be serviced from the Tooley
Road frontage. A resident of Mull Cres., whose property backs onto Block 219,
expressed a desire for the preservation of the woodlot behind his property. The fourth
inquirer requested clarification of the site location.
7.3 No written submissions have been received on this application.
614
REPORT PD-128-98 PAGE 6
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other relevant agencies and
departments. To date, comments of no objection have been received from Ontario
Hydro, the Clarington Fire Department and Community Services Department.
8.2 The Clarington Public Works Department has no objection to the proposal subject to
standard conditions and the following:
• The configuration of the cul-de-sac bulb must be revised so that it conforms to the
Municipality of Clarington Standard Drawing N-710. A 15 metre radius transition is
required between the straight section of the road allowance and the circle.
• Prior to the issuance of building permits, the applicant must provide for the removal
of the existing dead end barricade at the existing limit of McLellan Drive.
i
• The applicant will be responsible for 100% of all costs required to connect the
existing sidewalk on McLellan Drive with the new pedestrian sidewalk within the
subject draft plan. I
• The applicant must provide confirmation that a required payment for oversized
downstream storm sewers or storm water management facilities has been completed
by private arrangement.
• The applicant's engineer will be required to prepare a Preliminary Lot Grading and
Drainage Plan that details the configuration of the on-site storm sewer system (minor
system) and the conveyance of the overland flow (major system) from this
subdivision. The location of any rear yard catchbasins and storm sewers must be
identified. Any large trees designated for removal due to the presence of storm
sewer facilities on private property must also be identified.
• The applicant will be required to provide an appropriate cash contribution in lieu of
the normal parkland dedication.
8.2 Comments remain outstanding from the following agencies: Durham Region Planning
Department; Durham Region Works Department; Peterborough Victoria
Northumberland Clarington Separate School Board; Kawartha Pine Ridge District School
Board; and Central Lake Ontario Conservation.
615
REPORT PD-128-98 PAGE 7
9. STAFF COMMENTS
9.1 Section 14.4.3 of the Clarington Official Plan requires a minimum setbac'K of 5 metres
for all development from the top-of-bank as identified for a stream valle,. . as well as a
minimum 5 metre setback from a tableland woodlot. Lot lines are no: permitted to
extend beyond the required setback.
The applicant has determined the top-of-bank line as being the rear property line of
Blocks 13 to 22. It has also been depicted as being close to, or within, the required 5
metre setback for Lots 7 to 9. The exact location of the top-of-bank will be confirmed
through the Environmental Impact Study.
9.2 Staff have informed the applicant that a parking plan is to be submitted for review and
comment. This proposal is for 16 metre frontage lots, which is larger than any single
detached lots within the area. The applicant's agent has confirmed that these lots have
been designed to accommodate large homes with double car garages. Therefore, each
i
lot will have accommodation to park four vehicles on the property, two being within the
garage space and two being in the double wide driveway. This available on-site parking
should help eliminate any excessive on street parking problems.
10. CONCLUSIONS
10.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the
Planning Act. Considering the number of outstanding comments, it is respectfully
respected that this report be referred back to Staff for further processing and the
preparation of a subsequent report.
i
Respectfully submitted, Revie by,
Franklin Wu, M.C.I.P., R.P.P., Stockwell,
Director of Planning & Development Chief Administrative Officer
REPORT PD-128-98 PAGE 8
IL*LDT*FW*cc
October 26, 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Draft Plan of Subdivision
Interested parties to be notified of Council and Committee's decision:
Mr. Bob Annaert
D. G. Biddle and Associates Ltd.
96 King Street East
Oshawa, Ontario
1-11-1 1 B6
Mr. Paul Gearing
Gearing Farms Ltd.
Box 12, R. R. #3
Bowmanville, Ontario
L1C 3K4
I
i
Kassinger Construction Ltd.
c/o Gearing Farms Ltd.
Box 12, R. R. #3
Bowmanville, Ontario
L1C 3K4
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SUBJECT SITE
LOT 33 LOT 32
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DN: PD-129-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 2, 1998 Res. #
Report #: PD-129-98 FILE #: PLN 28.3 By-law #
Subject: INFORMATION REPORT ON BILL 146
FARMING AND FOOD PRODUCTION ACT
FILE: PLN 28.3
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-129-98 be received for information.
1. The Farming and Food and Protection Act received Royal Assent on May 11, 1998.
Officially called "an Act to protect Farming and Food Production", the purpose of
the Act is to "conserve, protect and encourage the development and improvement
of agricultural lands for the production of food, fibre and other agricultural or
i
horticultural products". The Act repealed the former Farm Practices Protection Act.
2. The Province has expressed its interest to the extent that agricultural uses and
"normal farm practices" are to be promoted and protected in a way that balances
the needs of the agricultural community with provincial health, safety and
environmental concerns.
A normal farm practice is defined as a practice which is conducted in a manner
consistent with proper and acceptable customs and standards as established and
followed by similar agricultural operations under similar circumstances, or which
makes use of innovative technology in a manner consistent with proper advanced
farm practices.
620
REPORT NO.: PD-129-98 PAGE 2
3. One of the purposes of the Act is to give farmers protection from nuisance
complaints and lawsuits. However, it does not give farmers the right to pollute.
Agricultural operations are still subject to the Environmental Protection Act, the
Pesticides Act, the Health Protection and Promotion Act and the Water Resources
Act.
4. The Act provides for the establishment of a Farm Practices Protection Board to be
appointed by the Minister. The Board has the power to inquire into and resolve a
dispute respecting an agricultural operation and to determine what constitutes a
normal farm practice, and to make the necessary inquiries and orders to ensure
compliance with its decisions.
i
A person directly affected by a disturbance from an agricultural operation may apply
to the Board for determination as to whether the disturbance results from a normal
farm practice.
5. The most significant implication of this Act to the Municipality is found within
Section 6 (1) as it states that "no municipal by-law applies to restrict a normal farm
practice carried on as part of an agricultural operation". ,For example, the noise by-
law (By-law 89-184), and the motor vehicle load limit by-law (By-law 94-173) are
not applicable to agricultural businesses operating under "normal farm practices".
However, the Act provides for the Municipality's right to apply to the Board for a
determination as to whether a practice is a normal farm practice for purposes of the
non-application of a municipal by-law. Farmers who are directly affected by a
municipal by-law may also apply to the Board for determination of whether or not
their operation is exempt from a municipal by-law.
621
REPORT NO.: PD-129-98 PAGE 3
6. From a planning perspective, the Act is consistent with the objectives of the
Clarington Official Plan. The Official Plan seeks to preserve high quality
agricultural lands and direct non-farm uses to settlement areas. Scattered rural
residential uses not only result in the loss of agricultural land but increase the
potential for nuisance complaints. Urban'-oriented residents living in rural areas are
less tolerant of "normal" farm practices which may result in concern for complaints
about noise, odours, the application of chemicals, and other such matters. This
legislation and Clarington planning policies seek to ensure that farmers can
continue to operate and have a right to farm.
7. CONCLUSION
It is the responsibility of the Ministry of Agriculture, Food and Rural Affairs to deal
with concerns and complaints in regards to agricultural operations. The Ministry's
aim is to resolve as many complaints as possible before forwarding a matter to the
Normal Farm Practices Board. The Municipality will not be involved in the process
unless a complaint is filed against a municipal by-law, or the Municipality wishes to
file against the non-application of a municipal by-law.
Respectfully submitted, Reviewed by,
d
Franklin Wu, M.C.I.P., R.P.P. i. Stockwell,
Director of Planning & Development Chief Administrative Officer.
IL*DC*FW*df
26 October 1998
�i7 �
DN: cofa-gpa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 2, 1998 Res. #
Report #: PD-130-98 FILE #: A98/043 — A98/047, inclusive
By-law #
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 15, 1998.
FILE NO: A98/043 TO A98/047, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-130-98 be received ;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
October 15, 1998 for applications A98/043 to.A98/047, 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 A98/043 to A98/047,
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 A98/043 and A98/044 submitted by Syvan Developments Ltd. were tabled
for nine (9) months, to allow Staff and the applicant the opportunity to discuss possible
revisions to related site plan application and land division applications.
1.3 Application A98/045 was tabled to the next meeting, November 5, 1998, to allow a re-
circulation of a Revised Notice of Hearing, which will include a description of the
623
REPORT NO.: PD-130-98 PAGE 2
existing deck, not identified in the original application as having a deficient side yard and
rear yard setback.
1.4 Application A98/046 was approved as applied for, subject to the applicant receiving
approval of the Building Department, the Central Lake Ontario Conservation and the
Regional Health Department within fourteen (14) days, of the Committee's decision.
The application was made by the owner to recognize an addition to an existing dwelling.
The addition was constructed in 1995 without a building permit or Central Lake Ontario
Conservation permission.
1.5 Application A98/047 was approved as applied for.
1.6 The purpose of each minor variance application and the Committee's decisions are
I
detailed in Attachment No. 1.
1.7 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.
1.8 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.
1.9 During the "Other Business" portion of the meeting, the Committee of Adjustment passed
a motion requiring a sign to be posted for the Notice of Hearing requirements, a
minimum of seven (7) days prior to the Hearing date. In the past, Committee has
required a sign be posted in addition to notice by mail to residents within 60 metres of
624
REPORT NO.: PD-130-98 PAGE 3
the subject site (this is in compliance with the requirements of the Planning Act). The
Committee is concerned that applicants have become lax about posting,the sign and
subsequently it is more difficult for an interested party to identify the subject property.
Committee has requested the Secretary Treasurer to check and ensure all signs are posted
in compliance with the above. Applicants will be advised of this requirement through a
letter which accompanies the Notice of Hearing sign. If the sign is not posted, that
application, at the discretion of the Committee, may be tabled until the proper signage
has been installed.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. 4Chiefi ckwell,
j Director of Planning & Development ministr ative Officer.
SL*FW*cc
21 October, 1998
Attach.
i
625
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/043
********************
APPLICANT: SYVAN DEVELOPMENTS LTD.
AGENT: OVIDIO SBRISSA ARCHITECT INC.
PROPERTY DESCRIPTION
164 BASELINE RD
PART LOT: 9 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: M2
HEARING DATE: 15-Oct-98
DECISION: TABLED
APPEAL DATE : 4-Nov-98
i
MINOR VARIANCE:
TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 217 TO 182
SPACES, AND TO REDUCE THE REQUIRED LANDSCAPED OPEN SPACE FROM 10
PERCENT TO 2 . 3 PERCENT.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED TO ALLOW STAFF AND THE APPLICANT TO
DISCUSS POSSIBLE REVISIONS TO THE SITE PLAN APPLICATION SUBMITTED,
FOR A PERIOD OF NINE (9) MONTHS.
626
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/044
APPLICANT: SYVAN DEVELOPMENTS LTD.
AGENT: OVIDIO SBRISSA LIMITED
PROPERTY DESCRIPTION
160 BASELINE RD
I
PART LOT: 9 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
i
PLAN NUMBER: - -
ZONING: M2-13
HEARING DATE: 15-Oct-98
DECISION: TABLED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE :
TO REDUCE THE EASTERLY SIDE YARD SETBACK FROM THE REQUIRED 5 M
(16 . 4 FT) TO 0 . 9 M (2 . 95 FT) , AND TO REDUCE THE LANDSCAPED OPEN
SPACE REQUIREMENT FROM 10 PERCENT TO 6 .4 PERCENT.
4
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED UNTIL THE RESOLUTION OF SITE PLAN
ISSUES BETWEEN STAFF AND THE APPLICANT OCCURS. TABLING IS FOR A
PERIOD OF NINE (9) MONTHS .
627
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/047
APPLICANT: MILLSON, JAMES & GLADYS
AGENT:
i
PROPERTY DESCRIPTION
6899 SOLINA RD
PART LOT: 24 CONCESSION: 6
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
I
ZONING: A-1
HEARING DATE: 15-Oct-98
DECISION: APPROVED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE:
TO REDUCE THE AGRICULTURAL SETBACK FROM A LIVESTOCK BLDG. TO THE
NEAREST DWELLING FROM 300 M (984 FT) TO 240 M (787 FT) TO PERMIT
THE EXPANSION OF AN EXISTING LIVESTOCK BLDG.
I
REASON FOR DECISION:
I
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.
630
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Monday, November 2, 1998
Date: ' Res.
CD-55-98
Report # CLARINGTON ANIMAL SERVICES DIVISION By-law #
Subject: POLICIES AND PROCEDURES MANUAL
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
i. THAT Report CD-55-98 be received for information.
BACKGROUND
The Animal Services Division was transferred from the Community Services Department to
the Clerk's Department on December 4, 1995.
Staff has undertaken a thorough review of the Policies and Procedures Manual of the Animal
Services Division and updated this document to reflect the present circumstance. The
following revisions have been made:
• cosmetic changes for consistent wording throughout the document;
• change in wording to reflect the organizational restructuring;
• revised telephone numbers in the document;
• amended wording to reflect changes in Provincial Legislation;
• the use of the word "control" was deleted from all terminology for an improved
"customer friendly"approach to providing our services;
CD-55-98 - 2 - November 2, 1998
• deleted the Section from the document pertaining to the use of firearms by the Animal
Services Officers since this section is redundant, and
• an index was formulated and added to the document for ease of reference.
The Clarington Animal Services Policies and Procedures Manual was then reviewed by the
Animal Advisory Committee of which Dr. Ted Kilpatrick is a member and it was the general
consensus that the revised document more appropriately meets the required standards for the
effective and efficient operation of the municipality's animal shelter.
It is therefore recommended:
1. THAT Report CD-55-98 be received for information.
Respectfully s bmitted, Reviewe by,
Patti L. rrie M.C.T. a ie Marano
'Cl Acting Chief Administrative Officer
MPK*PLB*hj
Interested Parties:
Animal Advisory Committee
702
CLARINGTON ANIMAL SERVICES
POLICIES AND PROCEDURES MANUAL
INDEX
HANDLING COMPLAINTS SECTION 1 PAGE 1
OCCURRENCE REPORTS SECTION 2 PAGE 1
PATROL DUTIES SECTION 3 PAGE 1
ONTARIO HUMANE SOCIETY SECTION 4 PAGE 2
ANIMAL QUARANTINE SECTION 5 PAGE 2
ANIMAL' EUTHANASIA SECTION 6 PAGE 3
PICK UP AND DIPOSAL OF
ANIMAL CARCASSES SECTION 7 PAGE 3
ADOPTION SECTION 8 PAGE 4
ANIMALS FOR RESEARCH SECTION 9 PAGE 5
WILD LIFE AND TRAP RENTALS SECTION 10 PAGE 6
AFTER HOURS EMERGENCY
RESPONSE SECTION 11 PAGE 6
ENFORCEMENT SECTION 12 PAGE 8
HANDLING OF STRAY ANIMALS SECTION 13 PAGE 9
HANDLING OF INJURED DOGS SECTION 14 PAGE 9
HANDLING DOG SHOOTING CALLS SECTION 15 PAGE 10
DAILY OCCURRENCE BOOK SECTION 16 PAGE 11
7 ►�
ANIMAL SERVICES MONTHLY SECTION 17 PAGE 11
REPORT
DAILY MAINTENANCE OF SECTION 18 PAGE 12
ANIMAL SHELTER
MAINTENANCE OF VEHICLES SECTION 19 PAGE 12
MAINTENANCE OF EQUIPMENT SECTION 20 PAGE 12
DRUGS — T61 SECTION 21 PAGE 12
a
UNIFORMS SECTION 22 PAGE 13
POLICIES AND PROCEDURES MANUAL
CLARINGTON ANIMAL SERVICES
SECTION 1 - HANDLING COMPLAINTS
1 . 1 All complaints received are recorded in the Daily Occurrence
Book maintained at the animal shelter. Anonymous complaints '
WILL NOT be investigated. The following information is
recorded:
a) the name, address and phone number of the complainant
b) the location of the incident and directions to the area
c) the nature of the complaint
d) time of the call
Once'. this information has been entered in the Daily Occurrence
Book an Animal Services Officer will be assigned to investigate
and enter the outcome in the Daily Occurrence Book.
SECTION 2 - OCCURRENCE REPORTS
2 . 1 An Occurrence Report is to be completed when a more detailed
report is necessary. The Occurrence Report shall:
a) have the Daily Occurrence Book file number included in the
report
b) be submitted within 48 hours of an incident to the Deputy
Clerk
c) be filed both numerically (the white copy) , and
alphabetically (the yellow copy) and the pink shall be
sent to the 'Clerk' s Department for their files.
SECTION 3 PATROL DUTIES
3 . 1 The officers are required to conduct pro-active patrols
whenever possible.
3 . 2 When leaving for a designated area the Animal Services Officers
shall advise the 'Clerk' s Department only if the animal shelter
is left vacant and the phones are posted to the Clerk' s
Department .
3 . 3 Except in cases of necessity all patrols shall be single
Officer patrols . " If the assistance of another Officer is
needed the dispatcher at the animal shelter will note the time
and location for further follow-up.
3 .4 The Officer on patrol will maintain a daily log of all calls
made and calls requiring follow-up the next day.
7nr,
POLICY & PROCEDURE 2 ANIMAL SERVICES
SECTION 4 - ONTARIO HUMANE SOCIETY
4 . 1 The Region of Durham has the services of a Humane Society
investigator. The Ontario Humane Society offices are located
in Port Hope and in Oshawa. For this reason first response is
often handled by the Animal Services Officers or the Durham
Regional Police.
4 . 2 The Police are designated and empowered to act as agents for
the Society and for this reason any investigations which would
require the services of the Humane Society are under Police
control .
4 . 3 The Police Constable on the scene is the Senior Officer in
charge . The involvement of the Animal Services Officer is to
be restricted to that of assistance only. Under no
circumstances will the Animal Services Officer offer to take
charge of an animal .
4 . 4 In the event the Police decide to impound an animal or a group
of animals, the Animal Services Officer may, upon request,
provide the Constable with the names and numbers of the
Municipality' s Poundkeeper or any other such agency as may be
required. The .Animal Services Officer may not make any calls
or arrangements . This is to be done by the Regional Police.
4 . 5 Where it has been determined that an animal must be destroyed
in the interest of human safety or to save it from undue
suffering the Constable in charge shall be responsible for the
destruction of the animal . The Ontario Society for the
Prevention of Cruelty to Animals Act is protected from
liability, but this protection does not apply to the Animal
Services Officer.
SECTION 5 - ANIMAL QUARANTINE
5 . 1 General public calling in from any area of the municipality
regarding an animal bite or scratch must be advised that they
are bound by law to report the incident to the Durham Regional
Health Unit . The incident information shall be forwarded to
the Regional Health Unit .
5 . 2 If the animal which has bitten is a stray, it is important to
establish if the animal is still in the area. If it is, the
Animal Services Officer must be dispatched immediately to try
and bring the animal back to the animal shelter. The Animal
Services Officer will fill out an Animal Bite Report for the
Durham Regional Health Unit .
5 . 3 While the animal is in quarantine the Officers shall note any
changes in the health or disposition of the animal and report
such change immediately to the Durham Regional Health Unit .
7A
POLICY &' PROCEDURE 3 ANIMAL SERVICES
5 .4 For any bite the animal which has bitten may be quarantined at
the owner' s ; residence or at the Animal* Shelter as directed by
the Regional Health Department and may be 'released, to the owner
only after it has been released by the Public ,Health Inspector.
5 . 5 If the animal which has bitten or scratched is a stray it will
be quarantined at the animal shelter until released by the
Regional Health Department.
5 . 6 ' See waiver - Quarantine Waiver to be signed when the animal is
received at the animal shelter. If the animal is owned, the
quarantine period is at no cost to the owner. The owner is
notified of the release date after a Health Inspector has
released the animal from the animal shelter. Where the owner
does not pick up; the animal on the release date, he/she then
becomes liable for all applicable fees in accordance with the
By-laws, up to three (3) days, after which the animal will be
euthanized. P
5 . 7 In the event the owner does not claim the animal after its
release from the confinement, ' the following procedure has been
established to protect the interests of the animal, the owner,
and !protect any legal liability on behalf of the Municipality
of Clarington.
a) a phone call is to be made to the home of the owner of the
animal
b) the Animal Services Officer will attend at the last known
address of the owner of the dog and, verbally or in
writing; ask ' the !person to contact the animal shelter as
soon as possible, notifying them that after three (3) days
the animal becomes the property of the Municipality.
5 . 8 All records involving animal quarantine shall be kept on file
with the quarantine order received from the Durham Regional
Health Unit .
SECTION 6 — ANIMAL EUTHANASIA
6 . 1 Unaccepted animals or animals 'not suitable for adoption or for
research will be euthanized only AFTER they have been offered
to a S. P.C.A. organization and rejected.
6 . 2 The officers will contact a Veterinary Clinic to arrange such
euthanasia.
SECTION 7 PICKUP AND DISPOSAL OF ANIMAL CARCASSES
7 . 1 Carcasses found on Highway 401, 115, 35 and 2 `are usually
removed by the Ministry of Transportation of Ontario office
which can be contacted in Port Hope at (905) 885-6381 . The
Regional ; Works Department pick up carcasses on all regional
roads . All animals ' carcasses on the remaining roadways within
the jurisdiction of the Municipality of Clarington will be
removed by the Animal' Services Officers and domestic animals
scanned for microchips . 7n7
POLICY & PROCEDURE 4 ANIMAL SERVICES
7 . 2 Persons requesting that the municipality remove their own
animal carcasses from their property other than livestock and
wild life will be charged the applicable fees and taxes for
said service .
7 . 3 The local veterinarians are charged a fee for the removal of
carcasses from their property other than livestock and wild
life and will be charged the applicable fees and taxes for said
service .
7 . 4 A copy of the Cadaver Removal Report must be submitted to the
Deputy Clerk and, in turn, an invoice will be issued.
SECTION 8 - ADOPTION
8 . 1 Animals will be accepted and put up for adoption if the
following criteria is met :
a) age of the animal
b) the health of the animal
c) the general disposition and ability to adjust to new
surroundings
a) only pets owned by residents of the Municipality of
Clarington may be accepted for adoption, all
applicable fees must be paid: the person releasing
the animal will sign for the Release
b) once the animal is released into our custody and a
receipt for the animal is signed, the animal is under
our jurisdiction and can be adopted or euthanized
c) the animal may be sold to research only if prior
permission has been given by the previous owner
d) the person signing the Release for Adoption must be
advised that the animal cannot be guaranteed
placement
e) the Animal Services Officers should attempt to gain
as much information as possible about the animal ' s
disposition and any relevant veterinary records
should be requested
f) the animal should be evaluated by the Animal Services
Officer to determine whether it meets our adoption
criteria
g) the owner should be advised that the animal could
still be rejected during the evaluation at the animal
shelter, animals which have behavioral problems will
not be placed in homes by the animal shelter, we do
not place pregnant animals and we do not accommodate
an owner' s request for euthanasia.
l08
POLICY & iPROCEDURE 5 ANIMAL SERVICES
8 . 2 When an animal which is brought into our care is claimed,
adopted or disposed of, an entry must be made in the Pound
Book, note : all pound records must be kept for a minimum of
two (2) years and be available for inspection by the Veterinary
Branch of the Ministry of Agriculture. '
8 .3 Where an animal is being claimed, the Animal Services Officers
shall consult records of previous impounds in assessing any
fines . The Officers shall also insure that the animal 'has -been
licensed for the current year before the animal is `allowed to
leave the facility. (Because of previous problems,,' the
Officers will accept cash, interac`, visa or master card. )
8 .4 When an animal is being adopted a shelter receipt is made out
in the name of the new owner with the current address and phone
number. The owner will pay all applicable 'adoption! fees plus
G.S .T. (The Officers shall insure that animals released for
adoption will have had a first fset of vaccinations prior to
their release. )
8 . 5 It is policy that we will not knowingly adopt out any pet to a
resident who has already indicated that they have a dog or cat
of the opposite sex which has not been neutered. The officer
will explain to the person wishing to purchase the animal that
we are trying to control the unwanted pets being born and would
be glad to provide them with an animal when they can prove to
us that their current animal has been neutered.
8. 6 Whenever possible, animals up for adoption :which do not have
previous records of vaccinations will be given one vaccination
prior to adoption.
8 . 7 Where, within seven calendar days of an animal being adopted
and having been certified in writing as seriously ill by a
veterinarian, the owner of the adopted animal may return it to
the animal shelter and the adoption fee will be refunded. Any
money to be refunded will be done by cheque through the
Treasury Department . NO CASH REFUNDS. Any money received by
Animal Services Officers shall be'- put through the animal
shelter receipt book. The animal may then be euthanized by a
veterinarian.
8 . 8 Animals will be adopted on a first come, first served basis,
they will not be held for prospective owners.
8 . 9 Persons adopting an animal shall be required to sign the
Adoption Waiver Book before taking the animal .
SECTION 9 ANIMALS FOR RESEARCH'
9 . 1 The Municipality is required by Provincial Legislation, the
Animals for Research Act, to sell cats and dogs to licensed
research facilities . The Animal Services officers shall
familiarize themselves with the legislative requirements .
9 . 2 The Animal- Services Officers shall ensure that all records of
receipts are properly kept.
POLICY & PROCEDURE 6 ANIMAL SERVICES
SECTION 10 - WILD LIFE AND TRAP RENTALS
10 . 1 Wild animals, birds, etc. that do not fall under the
responsibility of the animal shelter shall be directed to the
Ministry of Natural Resources at 571-3211 .
10 . 2 The animal shelter does make available to residents of the
Municipality humane traps for a deposit and a daily rental fee .
A receipt is given to the persons renting the trap, indicating
the deposit paid and the rental fee charged, plus G. S.T.
10 . 3 The Animal Services Officers will remove traps only if the
animal is suspected of being rabid or is a skunk. In all other
cases, the person renting the trap is encouraged to remove the
animal and return the trap to the animal shelter. The person
renting the trap must sign a Trap Rental Agreement and a copy
is filed at the animal shelter.
e
10 .4 If the complainant does not wish to make use of the humane
trap, he/she shall be directed to a private pest control
service and advised that the Animal Services Officer has no
legal right to handle such problems on private property.
10 . 5 Residents who complain of problems of stray cats on their own
property can request the rental of a humane trap. The resident
is within his or her right to use the trap on their own
property as long as the cat which has been trapped is
surrendered to the animal shelter.
SECTION 11 - AFTER HOURS EMERGENCY RESPONSE
11 . 1 Request for Animal Services Officers ' service are prioritized
as follows :
a) an animal seriously endangering the public
b) a seriously injured domestic animal where the owners are
unknown or unavailable
c) confined or stray dogs, depending on the circumstances
d) wild-life and traps
e) warnings
f) road kills
11 . 2 One Animal Services Officer shall be assigned "call out" duty
and be available by phone for the Clarington Fire Department
dispatch BUT NOT ON 911 LINE.
11 . 3 DOMESTIC ANIMALS (DOGS AND CATS)
Injured with no identification or no owner present
a) Between 6 : 00 p.m. and 7 : 00 a.m. Monday to Friday and
3 : 00 p.m. Saturday to 7 : 00 a.m. Monday and all statutory
holidays proceed to b) .
b) The Clarington Fire department dispatcher will call the on
call officer on her cellular tell hone .
POLICY & PROCEDURE 7 ANIMAL SERVICES
c) If all efforts to call the animal services officers fail,
direct the caller to contact the Newcastle Veterinary Clinic
at 987-3816 or the Whitby Veterinary Clinic emergency number
at 576-3031.
d) If further assistance is required call Durham Regional
Police 579-1520 .
Potentially rabid dogs and cats in contact 'with` humans
a) Between 6 :!00 pm. and 7 :00 a.m. Monday to Friday and
3 : 00 p.m. Saturday to 7: 00 a.m. sMonday and all statutory
holidays proceed to b)
b) The Clarington Fire Department dispatcher will call the "On
Call" officer on her cellular telephone.
c) If all efforts to call thepAnimal Services Officers fail,
direct the caller to contact the Newcastle Veterinary_ Clinic
at 987-3816 ori the 'Whitby Veterinary Clinic emergency number
at 576-3031:
d) If further assistance is required call Durham Regional
Police 579-1520 .
Aggressive (Biting) Dog
a) call Durham Regional Police at 579-1520 .'
Questions? Call the animal shelter during the next regular
business day 623-7651 .'
Injured Wildlife (Raccoons, Skunks, Birds etc)
a) call a Veterinary Clinic for assistance.
Nuisance Animals (Skunks, Squirrels etc. )
a) Individual may rent a trap from Animal Services the next
regular business day.
Or, direct home owner to call a Pest Control Company. THIS IS
NOT A FREE SERVICE.
Questions? Call the Clerk' s Department during the next regular
business day 623-7651 .
Livestock (Cattle, Horses and Sheep etc.)
a) All calls should be directed to a Municipal Poundkeeper.
b) If no response, call Durham Regional Police at 579-1520 .
Questions? Call the animal shelter during the next regular
business day 623-7651. '
POLICY & PROCEDURE 8 ANIMAL SERVICES
SECTION 12 ENFORCEMENT
12 . lAnimal Services Officers are responsible for the enforcement of
the Animal By-laws of the Municipality. Charges under those
By-laws are related to:
a) animals running at large
b) unlicensed dogs and failing to affix licence
c) the keeping of more than three of any single species
d) the keeping of wild-life or exotic animals
e) the keeping of livestock on non agricultural property
f) the operation of a kennel without a license
g) excessive noise generated from animals.
12 . 2 Owners of animals found to be in contravention of the Municipal
Animal By-laws may either be given a verbal or written caution
before charges are laid; or charged in the first instance. The
charge is only to be laid if the offence is witnessed by the
Animal Services Officer or if the complainant who witnessed the
offence is prepared to attend Court to give evidence; in such
cases a charge is only to be laid when, based on his/her
investigation, the Animal Services Officer believes that an
offence has been committed.
12 . 3 Any person reporting an infraction under the Animal Services
By-laws must provide their full name, address and phone number
and a complete statement .of offence to the investigating
officer.
12 . 4 Every infraction is to be investigated and the complainant
reporting the infraction is to be advised of the action taken
when requested to do so.
12 . 5 All investigations resulting in legal action being taken must
be forwarded to the Deputy Clerk and all reports are to be
submitted within seven working days .
12 . 6 The Municipal Law Enforcement Officers are responsible for co-
ordinating the prosecution of charges laid by Animal Services
Officers . A photocopy of every Provincial Offence notice and
summons issued by the Animal Services Officer is to be
forwarded to the Senior Municipal Law Enforcement Officer
within seven working days . The report shall include :
case history, photographs taken, copies of all witness
statements and any other supporting documentation.
12 . 7 The Animal Services Officers are to keep accurate records of
daily work and investigations by way of a log book supplied.
Also provide relevant information respecting offenses and
attend court for the purpose of presenting evidence.
12 . 8 Court dates are established by the Provincial Court and a copy
of the coming court dates is to be posted at the animal
shelter.
lit
POLICY & PROCEDURE 9 ANIMAL SERVICES
SECTION 13 - HANDLING OF STRAY ANIMALS
13 . 1 All animals which are either stray or brought into the animal
shelter fall into our legal jurisdiction and are protected
under the Provincial Statutes or the Dog Licensing By-law and
shall be handled in the following manner:
a) The animal is to be impounded for 5 days exclusive of
Sundays, holidays and the day on which it is brought into
the animal shelter.
b) All stray animals entering the animal shelter will be
registered in the Pound log book supplied by the Pound
Inspector containing, the following information:
1) breed, ;sex, colour, approximate age and weight
2) date, time the animal was turned in or picked up and
returned to the shelter
3) the location
4) any identification, colour, tattoo, or scanned for
microchips
5) the general health of the animal on admittance
6) any fees paid
7) the signature of the Animal Services Officer
receiving the animal
8) name and phone number of person bringing in the stray
animal
c) If the owner is known, the officer will attempt to make
contact by telephone or go to the last known address and
leave a verbal or written message as to the whereabouts of
the animal and be advised of the policy if they fail to
pick up this pet.
d) If the owner lives outside the Municipality the
appropriate animal shelter will be requested to go to the
address and leave a message.
e) The minimum redemption limit can only be ignored when the
Animal Services Officer, in consultation with the
veterinarian, believe that due to the animal ' s injuries it
must, for humane reasons, be euthanized without delay.
SECTION 14 - HANDLING OF INJURED DOGS
14 . 1 All dogs must be properly recorded ensuring all information is
accurate, noting that immediate veterinarian service is
mandatory. Dogs picked up by Animal Services are to be
recorded by the veterinarian and all information is to be
forwarded to the animal shelter as soon as possible.
113
POLICY & PROCEDURE 10 ANIMAL SERVICES
14 . 2 If during regular hours the dog' s owner is known, the Animal
Services Officer will contact the animal shelter to request
that the dog owner be contacted and be made aware that the dog
is on its way to a veterinarian for emergency first aid care .
14 . 3 If the owner is unknown, the dog will be taken directly to a
veterinarian for emergency first aid care.
14 . 4 During the hours that Animal Services staff are not on duty,
the After Hours Emergency response procedure comes into effect
(See section 11 . 3) .
14 . 5 When an injured dog has entered upon private property, the
owner of the property must be requested to provide
authorization to pick up the injured dog. Where the property
owner is unavailable, the Animal Services Officer is to request
Police assistance. Only in extreme cases will the Animal
Services Officers enter onto private property to remove the dog
for medical care.
14 . 6 The veterinarian will provide, following evaluation of the
dog' s condition, necessary treatment until ownership is
determined or euthanasia.
14 . 7 No dog shall be returned to the owner until redemption fees and
veterinary fees have been paid in full.
14 . 8 Any injured dog suspected, of killing/injuring livestock is to
be reported to the Clerk' s Department immediately giving
impounding information and if known, owner information. The
Clerk ' s Department will then contact a Municipal Livestock
Valuer for investigation.
14 . 9 All information is to be recorded in the Daily Occurrence Book.
SECTION 15 - HANDLING DOG SHOOTING CALLS
15 . 1 When Animal Services Officers are notified at the animal
shelter of a dog shooting incident, the Animal Services Officer
shall document all information pertaining to the call in the
Daily Occurrence Book prior to attending to the call .
15 . 2 When an Animal Services Officer is notified of a dog shooting
incident and is on patrol, the Officer shall document all
information pertaining to the call and record this information
in the Daily Occurrence Book upon return to the animal shelter.
15 . 3 Once an Animal Services Officer attends at the location of the
shooting, the Animal Services Officer shall remove any dog
carcasses and attempt to capture any other dogs that may have
been involved in the shooting.
15 . 4 If the dog is suspected of killing/injuring livestock, the
Animal Services Officer shall provide to the owner of the
livestock the name and phone number of a Municipal Livestock
Valuer and refer him/her to the Clerk' s Department for any
further information.
714
POLICY & 'PROCEDURE 11 ANIMAL SERVICES
15 . 5 Prior to returning to the animal shelter, an Animal Services
Officer are to take all dogs directly to a veterinarian for
emergency first aid care.
15 . 6 'After obtaining veterinary assistance the Animal Services
Officer will'''return to the animal shelter to record all
information in the Daily Occurrence Book and, if the dog (s) was
dead on arrival, record the animal (s) as such.
15 . 7 The Animal Services Officer will then notify the Clerk' s
Department to contact Municipal Livestock Valuer for
investigation.
15 . 8 The Animal Services Officer will make every effort to identify
the owner of the dog (s) and refer all inquiries to the Clerk' s
Department .
15 . 9 The Animal Services Officer will then forward, as soon as
possible, all information pertaining to the dog shooting
incident to the Deputy Clerk,
SECTION 16 - DAILY OCCURRENCE BOOK
16 . 1 All calls regarding requests for the services of the Animal
Services Officers will be recorded in the Daily Occurrence
Book. Officers respond to calls according to priority. The
officers in turn record the results of their investigations in
the Daily Occurrence Book.
16 . 2 The Daily Occurrence Book provides the basis for being able to
provide statistics on the monthly report as to what activities
or types of calls and services the animal shelter is providing.
The Animal Services Officers record all warnings given
regarding infractions under the By-laws in the Daily Occurrence
Book'.
16 . 3 The Daily Occurrence Book is also a source of information if
the complainant calls back to ask what was done in regards to
their complaint . General information is given however, records
regarding names, etc . are CONFIDENTIAL.
SECTION 17 ANIMAL SERVICES MONTHLY REPORT
17 . 1 The Senior Animal Services Officer, shall prepare the Animal
Services Monthly Report and submit it to the Deputy Clerk by
the first Friday of every month for the previous month' s
activities .
71F,
POLICY & PROCEDURE 12 ANIMAL SERVICES
SECTION 18 - DAILY MAINTENANCE OF THE ANIMAL
SHELTER
18 . 1 The kennel and run area is to be cleaned and sanitized a
minimum of once a day. In the event of hot weather the
procedure may be repeated. All night soils will be disposed of
in a manner prescribed by existing health and safety
regulations .
18 . 2 The office area is to be kept clean and neat, items such as
patrol jackets and boots are to be stored away and a
professional image maintained.
18 . 3 All garbage is to be disposed of in the dumpster and not stored
adjacent to the animal shelter.
18 . 4 Where repair to the building is required, the Animal Services
Officer will contact the Deputy Clerk who will liaise with the
Property Manager.
SECTION 19 - MAINTENANCE OF VEHICLES
19 . 1 Vehicles are to be washed and disinfected as required. The"-
vehicles shall be fuelled by an Animal Services Officer
whenever necessary at the Public Works Depot .
19 . 2 Before a vehicle is taken out for the first time in a shift,
the Animal Services Officer shall conduct a circle check of the
vehicle to ensure that all the required equipment is on board
and that all lights are operating properly.
19 . 3 All Animal Services Officers shall report vehicle defects that
may hinder the safety of the Animal Services Officers and
reliability of the vehicles . The Deputy Clerk shall be advised
as soon as possible and shall arrange for repairs .
SECTION 20 - MAINTENANCE OF EQUIPMENT
20 . 1 Prior to using equipment or when equipment such as traps have
been returned, the Animal Services Officer shall inspect it for
damage and, when necessary, shall effect repairs .
20 . 2 In the event the equipment is beyond repair, the Deputy Clerk
shall be advised.
SECTION 21 - DRUGS , T61
21 . 1 The euthanasia drug T61 is to be locked in a drug box and all
usage to be recorded immediately in the drug register which is
maintained at the animal shelter.
21 . 2 All Animal Services Officers must be qualified by a
Veterinarian in the use of T61 .
-7 1 L
POLICY & PROCEDURE 13 ANIMAL SERVICES
21. 3 The Animal Services Officers are permitted to euthanize only
wild life that has been injured or becomes a nuisance in the
urban areas of the Municipality, as well as feral cats .
SECTION 22 - UNIFORMS
22 . 1 Uniforms for Animal Services Officers shall be allocated as per
the most current collective agreement
717
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT ,
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 2, 1998
Res. #
CD-56-98
Report #: By-law #
ANIMAL SERVICES MONTHLY REPORT
Subject: FOR MONTH OF AUGUST, 1998
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report CD-56-98 be received for information; and
2. THAT a copy of Report CD-56-98 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
August, 1998.
RespectfGlly ubmitted, LRevie ,
Patti Fri A.M.C.T. X Marano
Cl Acting Chief Administrative Officer
MPK*PLB*hj
Animal Alliance of Canada Animal Advisory Committee
221 Broadview Avenue
Suite 101
Toronto, Ontario
M4M 2G3
CLERK'S DEPARTMENT ATTACHMENT NO. 1
ANIMAL CONTROL SERVICES DIVISION , TO REPORT NO.CD-56-98
ANIMAL CONTROL MONTHLY REPORT
AUGUST 98
A.ACTIVITIES THIS MONTH YR.TO DATE'98 YR.TO DATE'97
PICKED UP-WILDLIFE 16 70 55
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 12 13 139 86 173 130
BROUGHT IN 3 31 61 144 75 139
RETRIEVED BY OWNERS 8 3 98 12 118 13
SOLD TO RESIDENTS 7 33 91 147 112 172
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 0 5 4 17 10 37
DEAD ON ARRIVAL 0 3 7 54 8 47
QUARANTINE 0 3 1 9 3 3
WRITTEN WARNINGS 13 140 140
P.O.A. TICKETS 0 22 11
CONVICTIONS 2 13 14
CALL-OUTS AFTER HOURS 2 39 27
OVER TIME HOURS 6 117 82,5
B. REVENUES
DOGS&CATS RELEASED 36.38 25.68 691.22 102.72 436.56 66.04
LICENSES 1794.00 0 24203.50 0 30538.25 0
SOLD TO RESEARCH 0 0 0 0 0 0
SOLD TO RESIDENTS 453.20 359.00 3496.45 1953.38 5180.00 1023.55
REDEEMED 270.50 0 3240.50 10.00 3844.50 0
SUB TOTAL 2554.08 384.68 31631.67 2066.10 39999.31 1089.59
TRAP REVENUE 0 213.64 242,97
TOTAL REVENUE 2938.76 33911.41 41331.87
NOTE: EUTHANISED 1 CAT HIT BY CAR
4 SICK CATS
719
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Monday, November 2, 1998
Date: Res. #
CD-57-98
Report # By-law #
ANIMAL SERVICES MONTHLY REPORT
Subject: FOR MONTH OF SEPTEMBER, 1998
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report CD-57-98 be received for information; and
2. THAT a copy of Report CD-57-98 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
September, 1998.
Respectf46e d, Review ,
Patti .T. M.A. Marano
erk Acting Chief Administrative Officer
MPK*PLB*hj
Animal Alliance'of Canada Animal Advisory Committee
221 Broadview Avenue
Suite 101
Toronto, Ontario
MW 2G3
- ten
CLERK'S DEPARTMENT ATTACHMENT NO. 1
ANIMAL CONTROL SERVICES DIVISION TO REPORT NO. CD-57-98
ANIMAL CONTROL MONTHLY REPORT
SEPTEMBER 98
A.ACTIVITIES THIS MONTH YR.TO DATE'98 YR.TO DATE'97
PICKED UP-WILDLIFE 9 79 65
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 17 11 156 97 183 147
BROUGHT IN 14 34 75 178 89 152
RETRIEVED BY OWNERS 10 3 108 15 129 15
SOLD TO RESIDENTS 20 30 111 177 124 194
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 0 3 4 20 10 40
DEAD ON ARRIVAL 1 9 8 63 9 50
QUARANTINE 0 1 0 0 3 3
WRITTEN WARNINGS 12 152 155
P.O.A. TICKETS 14 36 11
CONVICTIONS 7 20 14
CALL-OUTS AFTER HOURS 5 44 31
OVER TIME HOURS 15 132 94.5
B. REVENUES
DOGS&CATS RELEASED 0 77.04 691.22 179.76 509.32 66.04
LICENSES 6764.00 0 30967.50 0 31395.25 0
SOLD TO RESEARCH 0 0 1 0 0 0 0
SOLD TO RESIDENTS 906.50 502.60 4402.95 2455.98 5827.50 1161.55
REDEEMED 399.25 0 3639.75 10.00 4187.50 0
SUB TOTAL 8069.75 579.64 39701.42 2635.74 41919.57 1227.59
TRAP REVENUE 8.01 221.65 242.97
TOTAL REVENUE 8657.40 42568.81 43381.13
NOTE: EUTHANISED 3 CATS
1 HIT BY CAR
2 SICK CATS
- 7 � 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose & Administration Committee File #
Date: November 2; 1998 Res. #
Report No: CD-58-98 By-law #
Subject: Property Standards Order Enforcement
RECOMMENDATIONS:
It is respectively recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD 58-98 be received; and
2. THAT the Municipal Law Enforcement Officers be authorized to undertake all
necessary action to clean up the property of Gust Holdings Inc. located on Simpson
Avenue in Bowmanville; and
3. THAT all costs associated with the cleanup be charged initially against account
number 1100-9-X and subsequently levied against the property, to be deemed to
be municipal real property taxes and collected in the same manner and with the
same priorities as municipal real property taxes..
BACKGROUND:
Staff have been dealing with a complaint concerning a vacant lot on the east side of
Simpson Avenue south of Baseline Road in Bowmanville. The lot is legally described as
Parts of Blocks 17 and 18 and part of Smart Avenue, according to Smart Estate Plan, all of
which is Part Lot 9, B.F.C. in the former Town of Newcastle, now Municipality of
Clarington, designated as Part 3 of Plan '11 OR-3189, Plan H-50073. This is a vacant piece of
land within the Bowmanville industrial area directly south of Webco Steel. The lot is
approximately 1.5 acres in area.
When inspected, the officers found a very large collection of scrap metal, derelict motor
vehicles, wood, trailers, boats, construction equipment and other waste material. Some of
the material appears to have been there for a long time.
In 1997 a Property Standards Notice was sent to the registered owner, Gust Holdings Inc.
with a mailing address of 138 Queen Street, Bowmanville. This is the residence of Mr.
Sam Gust.' No response was received from the owner.
CD-58-98 - 2 - November 2, 1998
In June 1998 the province moved property standards enforcement,from The Planning Act
into The Building Code Act. At the same time certain changes were made to streamline
enforcement. Among these changes were the removal of the requirement for a Property
Standards Notice and the declaration that all costs incurred by a Municipality to carry out
the requirements of a Property Standards Order would become municipal real property
taxes. This allows for the amount to be collected in the same manner and with the same
priority as municipal real property taxes. This change means that the general taxpayer does
not have to bear the cost of enforcing a Property Standards Order. On July 13, 1998 the
municipality adopted a new. Property Standards By-law incorporating these changes.
On August 31, 1998 a Property Standards Order was sent by registered mail to the
registered owner of the Simpson Avenue property, Gust Holdings Inc. The Order
(Attachment #1) required two things:
1 . all waste material had to be removed from the property; and
2. all derelict, abandoned, unplated and inoperative motor vehicles,
vehicle parts and all other waste material had to be removed.
The owner was given until September 30, 1998 to comply. The Order.also stipulated that
if the owner was not satisfied with the terms and conditions of the Order he could appeal
to the Property Standards Committee. The deadline for appeal was set at September 18,
1998. Mr. Gust did appear before Council on September 14, to speak about several
matters involving lands he owns, however he did not file an appeal.
The Act gives the municipality several options to enforce the Order. It can:
1 . simply register the Order on title at the Land Registry Office;
2. lay charges against the owner for failing to comply with the Order;
3. undertake the work and apply all costs against the municipal real
property taxes, or;
4. any combination of the above.
Staff have elected to undertake the work. This is a large area of land within the prime
industrial area of the municipality. With Council's approval staff will be issuing a tender to
have the work done. All costs associated with the Order will be recoverable from the
property owner. Once the work has been completed all costs will be invoiced against the
registered owner and added to the Collector's Roll. It will then be dealt with in the same
manner as municipal real property taxes.
-7 ') 7
CD-58-98 - 3 - November 2, 1998
Attached, for Council's information, are the relevant sections of The Building Code Act
(sections 15.2(2), 15.4(1) and 15.4(4)) and the Property Standards By-law (sections 4.01,
4.02 and 6.19).
Respectfully submitted: Reviewed by:
Patti L. arrie, C.T. A. Marano
C Acting Chief Administrative Officer
LC/PB/mh
Attachment #1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW ENFORCEMENT DIVISION
ORDER REQUIRING COMPLIANCE
PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1992 c.23
ISSUED TO: MUNICIPAL ADDRESS:
GUST HOLDINGS INC.
138 QUEEN STREET BASELINE ROAD, BOWMANVILLE
BOWMANVILLE
L1 C 1M9 PART OF BLOCKS 17 AND 18 AND PART OF
SMART AVENUE,ACCORDING TO SMART
AND TO: ESTATE PLAN,ALL OF WHICH IS PART OF
LOT 9 B.F.C. IN THE FORMER TOWN OF
BOWMANVILLE, FORMER TOWN OF
NEWCASTLE NOW MUNICIPALITY OF
CLARINGTON, DESIGANATED AS PART 3
PLAN 10R-3189, PLAN H-50073
INSTRUMENT NUMBER:
158615
BEING THE OWNER OF THE ABOVE-MENTIONED PROPERTY OR A PERSON
HAVING AN INTEREST THEREIN.
WHEREAS the property described above has been inspected by a Property
Standards Officer and found not to conform to the standards set out in Property
Standards By-law 98-123:
IT IS HEREBY ORDERED THAT THE REPAIRS DESCRIBED IN SCHEDULE "A",
WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, BE
EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE 30
SEPTEMBER 1998, USING SUITABLE AND SUFFICIENT MATERIALS AND IN—A
MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES CONCERNED.
If this Order is not complied with within the time and in the manner specified, and
in accordance with any permits required by law, the Corporation may carry out the
requirements of this Order at the owner's expense and/or commence legal
proceedings.
You are hereby advised that if you are not satisfied with the terms or conditions of
this Order, you may appeal to the Property Standards Committee by sending a
Notice of Appeal to the Secretary, Property Standards Committee at 40
Temperance Street, Bowmanville, Ontario, L1C 3A6, on or before, 18 SEPTEMBER
1998,stating your grounds for appeal.
In the event no appeal is taken within the prescribed period and in the manner
specified above, the Order shall be deemed to be confirmed and shall be final and
binding upon you pursuant to Section 15.3(2)of the Act.
FILE: V96-0378
ISSUED ON: 31 AUGUST, 1998
SERVED BY REGISTERED MAIL ON: 31 AUGUST, 1998
Leon rsl Creamer,C.P.S.O. Witness
725
THE CORPORATION OF THE MUNICIPALITY OF.CLARINGTON
BY-LAW ENFORCEMENT DIVISION
PROPERTY STANDARDS BY-LAW 98-123
SCHEDULE"A"
FILE NO.V96-378
Section Non-conformities
VACANT LAND
1. ' 4.01(1) Land not kept clean and free from rubbish,
debris and ashes, health, fire and accident
hazards.
REMEDY All waste material to be removed from the
property.
2. 4.01(2). Land not kept clean and free from.wrecked
dismantled, discarded, inoperative
abandoned machinery vehicles 'trailers,
boats,and their component parts.
REMEDY All derelict, abandoned, unplated and
Inoperative motor vehicles, vehicle parts
and all other waste material to be removed
from property:'
NOTE: A BUILDING PERMIT, DEMOLITION PERMIT OR A PLUMBING PERMIT
MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF
CONSTRUCTION, DEMOLITION, INSTALLATION, ALTERATION OR
REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION
TO A BUILDING OR STRUCTURE. FOR 'FURTHER INFORMATION
CONCERNING SUCH PERMITS;CONTACT THE MUNICIPALITY OF
CLARINGTON BUILDING DEPARTMENT AT (905) 623-3379 BETWEEN
8:30 a.m. AND 4:00 p.m. MONDAY THROUGH FRIDAY EXCEPT
HOLIDAYS.`
7 7L
Building Code Act
graded and levelled condition. order was served under subsection(3) and, when the
requirements of the order have been satisfied, the clerk of the
(4) No Distinction on,the Basis of. municipality shall forthwith register in the proper land
Relationship. The authority to pass a by-law under registry office a certificate that such requirements have been
subsection (3) does not include the authority to pass a by-law satisfied, which shall operate as a discharge of the order.
that sets out requirements, standards or prohibitions that have
the effect of distinguishing between persons who are related 15.3-(1) Appeal of Order. An owner or occupant
and persons who are unrelated in respect of the occupancy or who has been served with an order made under subsection
use of a property, including the occupancy or use as a single 15.2(2)and who is not satisfied with the terms or conditions
housekeeping unit. of the order may appeal to the committee by sending a notice
of appeal by registered mail to the secretary of the committee
(5) Provision of No Effect. A provision in a by- within 14 days after being served the order.
law is of no effect to the extent that it contravenes the
restrictions described in subsection(4). (2) Confirmation of Order. An order that is not
appealed within the time referred to in subsection(1)shall be
15.2-(1) Inspection of Property Without deemed to be confirmed. -
Warrant. Where a by-law under section 15.1 is in effect,
an officer may, upon producing proper identification, enter (3) Powers of Committee on Appeal. If.an
upon any property at any reasonable time without a warrant appeal is taken, the committee shall hear the appeal and shall
for the purpose of inspecting the property to determine, have all the powers and functions of the officer who made the
(a) whether the property conforms with the standards order, and may,
. prescribed in the by-law; or (a) confirm, modify or rescind the order to demolish or
(b) whether an order made under subsection(2)has repair;
been complied with. (b) extend the time for complying with the order if, in
the committee's opinion, the general intent and
(2) An officer who finds that a property does not purpose of the by-law and of the official plan or
conform with any of the standards prescribed in a by-law policy statement are maintained.
passed under section 15.1 may make an order,
(a) stating the municipal address or the legal description (4) Appeal to Ontario Gourt. The municipality
of such property; in which the property is situate or any owner or occupant or
(b) giving reasonable particulars of the repairs to be person affected by a decision under subsection (3) may appeal
made or stating that the site is to be cleared of all to a judge of the Ontario Court (General Division) by
buildings, structures, debris or refuse and left in a notifying the clerk of the corporation in writing and by
graded and levelled condition; applying to the Ontario Court (General Division) for an
(c) indicating the time for complying with the terms and appointment within 14 days after the sending of a copy of the
conditions of the order and giving notice that, if the decision.
repair or clearance is not carried out within that
time, the municipality may carry out the repair or (5) Appointment. A judge of the Ontario Court
clearance at the owner's expense; and (General Division) shall appoint, in writing, a time and place
(d) indicating the final date for giving notice of appeal for the hearing of the appeal and may direct in the
from the order. appointment the manner in which and upon whom the
appointment is to be served.
(3) Service and Posting of Order. The order
shall be served on the owner of the property and such other (6) Judge's Powers. On the appeal, the judge has
persons affected by it as the officer determines and a copy of the same powers and functions as the committee.
the order may bo posted on the property.
(7) Effect of Decisions. An order that is deemed
(4) Registration of Order. The order may be to be confirmed under subsection(2) or that is confirmed or
registered in the proper land registry office and, upon such modified by the committee under subsection (3) or a judge
registration, any person acquiring any interest in the land under subsection(6), as the case may be, shall be final and
subsequent to the registration of the order shall be deemed to binding upon the owner and occupant who shall carry out the
have �.-_en served with the order on the day on which the repair or demolition within the time and in ,he manner
8 7 ') 7 •
Building Code act
specified in the order. membership of the committee.
15.4-(1) Power'of Municipality. If an order of an (3) Compensation. The members of the committee
officer under subsection 15.2(2)is not complied with in shall be paid such compensation as the council may provide.
accordance with the order as deemed confirmed or as
confirmed or modified by the committee or a judge, the (4) Chair. The members shall elect a chair from
municipality may cause the property to be repaired or among themselves; when the chair is absent through illness or
demolished accordingly. otherwise, the committee may appoint another member as
acting chair.
(2) Warrantless Entry. For the purpose of
subsection(1), employees or agents of the municipality may (5) Quorum. A majority of the members constitutes a
enter the property at any reasonable time without a warrant in quorum for transacting the committee's business.
order to repair or demolish the property.
(6) Secretary. The members hall provide for a
(3) No Liability. Despite subsection 31 (2), a secretary for the committee.`
municipal corporation or a person acting on its behalf is not
liable to compensate the owner, occupant or any other person (7) Duty of Secretary. The secretary shall keep
by reason of anything done by or on behalf of the on the file records of all official business of the committee,
municipality in the reasonable exercise of its powers under including records of all applications and minutes of all
subsection(1), decisions respecting those applications, and section 74 of the
Municipal.Act applies with necessary modifications to the
(4) Municipal Lien. The municipality shall have a minutes and records.
Hen on the land for the amount spent on the repair or
demolition under subsection(1) and the amount shall be (8) Rules of Procedure and Oaths. The
deemed.to be municipal real property taxes and may be added committee may, subject to subsection(9),'adopt its own rules
by the clerk of the municipality to the collector's roll and of procedure and any member may administer oaths.
collected in the same manner and with the same priorities as
municipal real property taxes. (9) Where Committee Required to Give
Notice. The committee shall give notice or direct that
15.5-(1) Certificate of Compliance. An officer notice be given of the hearing of an appeal to such person as
who, after inspecting a property, is of the opinion that the the committee considers advisable.
property is in compliance with the standards established in a
by-law passed under section 15.1 may issue a certificate of 15.7.-(1) Emergency Order. If upon inspection of a
compliance to the owner. property the officer is satisfied that there is non-conformity
with the standards in a by-law passed under section 15.1 to
(2) Request for Certificate. An officer shall such extent as to pose an immediate danger to the hcalth or
issue a certificate to an owner who requests one and who safety of any person, the officer may make an order
pays the fee set by the council of the municipality in which containing particulars of the non-conformity and requiring
the property is located. remedial repairs or other work to be carried out immediately
(3) Fee for Certificate. A council of a to terminate the danger.
municipality may set a fee for the issuance of a certificate. (2) Service. The order shall be served on the owner
15.6- 1 Property of the property and such other persons affected thereby as the
{ ) Standards Committee, officer determines and a copy shall be posted on the property.
Membership and Term of Office. A by-law passed
under section 15.1 shall provide for the establishment of a (3) Emergency Powers. After making an order
committee composed of such persons, not fewer than three, under subsection(1), the officer may, either before or after
as the council considers advisable to hold office for such term the order is served, take any measures necessary to terminate
and on such condidors as the by-law may establish. the danger and, for this purpose, the municipally may,
through its employees and agents, at any time enter the
(2) Filling of Vacancies. The council of the property in respect of which the order was made without a
municipality shall fonhwith fill any vacancy that occurs in the warrant.
9
(b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(c) each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code;
(d) access to each habitable room shall be gained without passage through a
furnace room, boiler room, or storage room.
PART IV
VACANT LANDS AND BUILDINGS
VACANT LAND
4.01 All vacant land shall he kept clean and free from:
(1) rubbish or debris and objects or conditions that might create a health, fire,
or accident hazard;
(2) wrecked,dismantled,discarded, inoperative or abandoned machinery,
vehicles,trailers, boats and/or their component parts unless it is necessary
for the operation of a business enterprise lawfully situated on the property;
(3) long grass, brush, undergrowth and overgrown trees,which may cause a
hazard;
(4) dilapidated, collapsed or partially constructed structures;
(5) injurious insects, termites, rodents,vermin or other pests; and
(6) dead, decayed or damaged trees or other natural growth.
4.02 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
VACANT BUILDINGS
4.03 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
4.04 The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained with at least 12.7 mm (0.5 inch)weatherproof sheet
plywood painted a colour compatible with the surrounding walls and securely
fastened.
7 29
( ' 6.15 Upon receipt of the Notice of Appeal the Secretary shall determine a date, time
and place for the hearing of the Appeal which shall take place not less than seven
days and not more than thirty days from the date of receipt of the aforementioned
Notice of Appeal and shall give notice of the date, time and place of the appeal to
the Applicant,the Committee members and the Officer.
6.16 Where an Appeal has been taken, the Committee shall hear the Appeal and shall
have all the authority and functions of the Officer and may confirm, modify, or
rescind the Order, or may extend the time period for compliance provided that, in
the opinion of the Committee, the general intent of the By-law and of the Official
Plan or policy statement are maintained.
.APPEAL TO ONTARIO COURT
6.17 The Municipality or any owner or occupant or other person affected by a decision
of the Committee may appeal to a judge of the Ontario Court(General Division) by
notifying.the Clerk of the Corpiration in writing and by applying to the Ontario
Court(General Division)for an appointment within fourteen days after the sending
of a copy of the Decision.
6.18 A judge of the Ontario Court(General Division);shall appoint, in writing, a time and
place for the hearing of the appeal and may direct in the appointment the manner
in which and upon whom the appointment is to be served. 'On the appeal, the
judge has the same powers and functions as the Committee.
PENALTY
6.19 Every owner or occupant of property shall comply with a Property Standards Order
as confirmed or modified. Should the owner or occupant fail to demolish or repair
the property in accordance with an Order as confirmed or modified, the
municipality in addition to other remedies,
(a) shall have the right to demolish or repair the property accordingly and for
this purpose with its servants and agents from time to time to enter in and
upon the property;and
(b) shall not be liable to compensate such owner, occupant or another person
having interest in the property by reason of anything done by or on behalf of
the municipality under the provisions of this article;
(c) may cause a prosecution to be brought against any person who is in breach
of such an Order and upon conviction such person shall forfeit and pay at
the discretion of the convicting Provincial Judge or Justice of the Peace
acting within his/her territorial jurisdiction, a penalty in accordance with the
provisions of section 36 of the Building Code Act, SO. 1992, c.23.
VALIDITY
6.20 If an article of this by-law Is for any reason held to be invalid, the remaining articles
shall remain in effect until repealed.
7 � A
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose & Administration Committee File #
Date: November 2, 1998 Res. #
Report No CD-59-98 By-law #
Subject: Ministry of Transportation, Municipal Parking Tag Program
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD-59-98 be received; and
2. THAT the by-law attached to Report CD-59-98 authorizing the Mayor and Clerk to
execute the Government Authorized Requester Agreement be approved.
BACKGROUND:
In June of this year the Ministry of Transportation announced a new program for
municipalities involved in the issuing of parking tickets. The Ministry decided to begin to
charge the local municipalities for access to motor vehicle license information.
The program had received Management Board approval on March 30, 1997, however no
announcement or discussion took place prior to its June unveiling. It called for
municipalities to pay $3.00 per data access. The program as it now stands requires the
municipality to pay the fee only for those tickets where the Defendant has failed to respond
to a Notice of Impending Conviction and those who request a trial but fail to appear. This
cost is to be offset by increased court costs in these two instances. Future monthly parking
reports will include the fees paid back to the Ministry for these matters.
Where a vehicle owner fails to pay a parking ticket within thirty-five days the Municipality
may proceed to send the ticket to court for a conviction to be registered against the owner
of the vehicle. In order to prepare the tickets for court the Municipality must know who
owns the vehicle. This information is obtained from the Ministry of Transportation.
_, 7 1
CD-59-98 - 2 - November 2; 1998
MEDIUM OF DELIVERY: '
At present the Municipality sends a printed list to the Ministry containing the license
numbers it requires information on. The Ministry has advised that as of the end of fiscal
98/99 (the end of March 1999) the Municipality will have to move to the Electronic Data
Transfer system. This will allow for faster turnaround time on information requests.
Moving to this system will require a direct dedicated phone link from the Ministry's
computers to the Municipality. Staff will be arranging this through the Computer Systems
Manager. When implemented there will be an associated administrative cost from the
province.
In order to continue operations the Municipality must sign and return to the Ministry a
Government Authorized Requester Agreement. It is therefore recommended that the
execution of the Agreement be authorized by Council.
Respectfully submitted: Reviewed by:
Patti rrie M.C.T ;. A. arano
Acting Chief Administrative Officer
LC/PB/m h
7 7
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98
being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and the Ministry of Transportation
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington, and seal
with the Corporate Seal,a Government Authorized Requester
Agreement with the Ministry of Transportation to provide motor
vehicle license information for the municipal parking tag program.
2. THAT the Agreement attached hereto as Schedule"A"forms part
of this By-law.
By-law read a first and second time this 9th day of November 1998
By-law read a third time and finally passed this 9th day of November 1998
MAYOR
CLERK
7 7 7
I
I I I V i I.III,t i%n,N I nIAIII, IN I)IIPI,I('A I11CHIIP 1111IN'I'I)AV 011',10I,V, 19911,
GOVERNMENT AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made
I
Il li 111 Il l�i I '
Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of
Transportation,
(hereinafter referred to as the"Ministry"),
and
i
I� Municipality of Clarington(9666),a Municipality in the Province of Ontario
I
(hereinafter referred to as the"Municipality").
i
WHEREAS the Ministry maintains computer databases containing residential address
information pertaining to the registered holders of motor vehicle licence plates,(herein referred
to as"Information Products");
AND WHEREAS the Municipality requires access to the?nformation Products for the purpose
of commencing a legal proceeding against a registered licence plate holder who has committed a
parking infraction in contravention of a municipal parking by-law;
AND WHEREAS the Ministry shall permit the Municipality access to the Ministry's
Information Products subject to the terns and conditions of this Agreement;
NOW THEREFORE the Ministry and the Municipality,in consideration of the promised and
mutual covenants hereinafter contained,do hereby agree as follows:
1.0 Grant of licence
1.1 Grant
The Municipality is granted herein a non-exclusive,non-assignable and non transferable licence
to access and use the Information Products,subject to the terms of this Agreement.
1.2 Title
The Municipality agrees and acknowledges that the Ministry owns all right,title and interest in
the Information Products and other proprietary rights.This licence is not a sale of any or all of
the Ministry's right,title or interest of any kind whatsoever.
1.3 (1)Authorized Use
The Municipality warrants that the Information Products and the information contained therein
shall be held in strict confidence for the exclusive use of the Municipality and that the
Municipality shall not use the Ministry's Information Products for any purpose except for that
which has been approved by the Ministry,as follows:
(a)to send to registered licence plate holders notices that are prescribed by law where a
legal proceeding has been commenced by the Municipality against the registered
licence plate holder where it is alleged that the registered licence plate holder has
committed an infraction against a parking by-law enacted by the Municipality;and
(b)to have Information Products certified by the Ministry for legal proceedings where it
is alleged that the registered licence plate holder has committed an infraction against a
parking by-law enacted by the Municipality.
(2) The Municipality warrants that it has statutory authority under the Municipal Freedom of
Information and Protection of Privacy Act for accessing the personal information contained in
the Information Products.
7 � A
it
1'
1.4 Data Matching and Data Profiling
I
The Municipality shall not develop or derive for any purpose whatsoever,any other product in
I
machine-readable forth or otherwise,that incorporates,modifies,or uses in any manner whatsoever.
any"personal information"obtained from the Information Products. "Personal information"for the?
Purposes hereof shall have the meaning as defined in subsection 2(1)of the Freedom of Information
and Protection of Privacy Act(F-S.O.1990 c,F.31). In addition,the Municipality shall not place
any data which was not obtained hereunder, into a database containing Personal Information
obtained pursuant hereto,other than as authorized.
iI1.5 Individuals not to be contacted
The Municipality shall not contact any individual to whom the Information Products relate,directly
or indirectly other than as authorized.
II1.6 Document Destruction
The Municipality shall destroy the Information Products and any copies or portions thereof in its
I� possession within thirty(30)days following completion or fulfilment of the authorized use as set out
in Article 13 herein.
'i
i+ i
ii; 1.7 Survival
The Municipality�) P ty further warrants that such forbearance from use ofInformarion Products shall be �
binding upon its successors. This Article shall survive the expiry or termination of this Agreement. 1'
1.8 Applicability of Agreement
I+ This Agreement shall only apply to parking infraction notices and certificates prescribed by Part II
of the Provincial Offences Act or the regulations made thereunder that were issued by the ,
Municipality on or or July 1, 1998.This Agreement shall not affect or supersede existing
II agreements or arrangements between the Ministry and the Municipality with respect to the
I licensing of driver and vehicle records that are not subject to this Agreement.
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I� 2.0 Terms
I� 2.1 Terms and Renewal
The term of this Agreement shall be for an Initial Term of 12 months,from the first day of July,
1998 to the thirtieth day of June, 1999,and,thereafter,shall automatically be renewed for an
additional term of 12 months following the Initial Term upon the same terms and conditions as set
out herein,unless either party provides written notice not less than thirty(30)days prior to the
expiration of the Initial Term or any subsequent 12 month term,of its intention to terminate the
Agreement.:-
2.2 Earh•Termination
Despite Article 2.1 herein,this Agreement may be terminated b either art g p
par.::thirty(30)days written notice of termination, y party giving to the other
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2.3 Conflict with Privacy Laws
This Agreement is subject to any restrictions,limitations or provisions enacted by the Ministry or i
the"ovince of Ontario,which may affect any of the provisions or terms set forth herein,including II
the right to limit the information included in the Information Products,in manner. In addition,
the Ministry shall have the right to cancel this Agreement forthwith,in the event ofspecifrc conflict
with the provision of any legislation or regulation affecting freedom of information,or protection of
prix2cy.
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3.0 Transmission of Information Products 1'
3.1 : Transmission of Information Products
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The Ministry shall transmit Information Products to the Municipality in the manner prescribed in
Sche%-�.ile"A",and such transmission shall be subject to any conditions prescribed therein.Schedule
A'_incorporated into,forms a part ofand is subject to the terms and conditions of this Agreement.
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4.0 Fees&Charges
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(I)The Municipality shall pay the Ministry the following amounts for accessing the Ministry's
Information Products:
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(a)$8.75 of every allowance of$11 that the Municipality receives for each notice of
impending conviction that the Municipality issues where a conviction is subsequently
obtained under subsection 18.2(6) of the Provincial Offences Act (the allowance is
authorized by subsections 12(1),(3),O. Reg, 949 made under the Provincial Offences
Act ,
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11 1) -blecl lit clause (2) lietelli, fljf 61 etbfy d6tillce of t9 that the Ivlutticipality
j receives for each fine that it collects in connection with a conviction under section 18.4
of the Provincial Offences Act(deemed not to dispute charge due to failure to appear at
the time and place appointed for the hearing)(the allowance is authorized by subsection j
12.1(1),O.Reg,949 made under the Provincial Offences Act).
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(2)Where the Municipality receives an allowance of less than$9.00 as authorized by subsection
12.1(1),of O.Reg. 949,it shall not remit the amount specified in clause(b),but instead it shall
remit to the Ministry any amount it receives in excess of$0.25,up to the amount of$8.75.
4.2 Method and Timing of Payment P
Subject to Article 4.3 herein,the Municipality shall remit a payment by cheque which shall be
received by the Ministry on or before the fifteenth dqy of each month for the amount prescribed
in Article 4.1 herein.The payment that is remitted to the Ministry shall be the amount owing to
the Ministry from the previous calendar month.
4.3 First Payment
The Municipality shall remit the first payment by cheque to the Minis
try which shall be
received by the Ministry on or before October 15,1998 for the amount prescribed under Article
4.1 herein. The payment that is remitted shall be.the amount owing to the Ministry that was
incurred between July 1 and September 30,1998.
4.4 Pavment Information
Any payments owing to the Ministry under this Agreement or the Schedules made hereunder l
shall be made payable to the Minister of Finance(MTO.All payments and any reports that are
required to be sent to the Ministry under this Agreement or the Schedules made thereunder shall
be sent to:
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L Ministry of Transportation
Licensing Administration Office
Attention:Supervisor,Data Access&Control Unit I
2680 Keele St.,East Building
Ii Downsview ON M3M 3E6
II5.0 Records and Reporting
5.1 Monthly Report
The Municipality shall duly complete and remit to the Ministry a monthly report which is
H contained in Schedule'13% which forms part of, is inco rporated into d made a part of this 1
Agreement.The signature of the Treasurer or Chief Financial Officer of the Municipality shall
be affixed to the monthly report. The monthly report shall be remitied to and received by the I�
Ministry within fifteen days after the end of each calendar month to which the monthly report
corresponds,except that no monthly reports shall be required to be remitted to the Ministry for
the months of July, August, and September 1998. Where the Municipality owes the Ministry
pa«ent under Article 4.1 herein, the monthly report shall be remitted along with the payment I�
that is owing to the Ministry. Where no payment is owing to the Ministry under Article 4.1
herein,the monthly report that is remitted shall indicate as such.
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;1 5.2 Annual Report. .4-4
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II The Municipality shall duly complete and remit to the Ministry an annual report as prescribed
in Schedule`C`, which is incorporated into,forms a part of,and is subject to the terms and i
!! conditions of this Agreement.The first annual report shall be remitted to,and received by the
Ministry on or before April 15 1999,and shall contain data corresponding to the period from j
July 1, 1998,to March 31,1999.Subsequent annual reports shall be remitted to,and received by
the Ministry on or before April 15 for each year that the Agreement is in effect, and shall
contain data corresponding to the previous fiscal year(defined as from April 1 to March 31)and
cumulative data from July 1,1998,
5.3 Ministry Reports
(1) The Ministry shall duly complete and send an annual report to the Municipality as
prescribed in Schedule V,which is incorporated into,forms part of and is subject to the terms i!
and conditions of this Agreement.The report shall be remitted and received by the Municipality
on or before May I"of each year that the Agreement is in effect,and the data contained in each it
report shall correspond to the previous fiscal year(defined as from April i to March 31),except
for the first annual report which shall correspond to the period from July 1, 1998,to March 31,
1999.
(2)The Ministry shall duly complete and send a report to the Municipality on or before the end
of the initial Term of the Agreement which shall monitor the performance of the subject matter
prescribed by this Agreement.
5.4 Records
The Ministry and the Municipality shall produce and maintain written records,which shall be
sufficient to enable both parties to produce the reports that are prescribed in Schedules W,`C`
and V.
5.5 Records Custodian
�! Each party shall designate as provided below in writing one or more individuals with appropriate
authority as the persons responsible for the compilation and custody of the written records
prescribed in Article 5.4 herein. Any such authorized person shall be competent to certify the
accuracy and completeness of the written records that the Ministry,or the Municipality,as the
case may be,is required to maintain and produce.
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1 The Ministry
(Title) Supervisor,Data Access&Control !
�I (Telephone Number) (416)235-4731
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99' The Municipality:
it (Title)
(Telephone Number)
5.6 Conflict
In the event of a conflict between the information contained in the records or reports produced
and maintained by the Municipality,and the information contained in the records or reports
produced and maintained by the Ministry,the parties shall resolve the conflict in the manner
pres,xibed by Article 9.10 herein.
5.7 ` Account Number
The Mir istry shall assign a unique account number to the Municipality and the Municipality
shall:use this account number solely for the purpose of identifying itself to the Ministry pursuant
to this Agreement, including when accessing and obtaining Information Products. The unique
accec nt number shall only be used as authorized by the Ministry.
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6.0. Security and Audit
6.1 Security
(a) The Municipality shall maintain the security and integrity of the information and
Information Products which it receives,and it shall comply with such security requirements
j as are from time to time specified by the Ministry,which includes keeping the information
and Information Products in a physically secure location to which access is restricted.
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I he 1 lunieipnlif'V Is Iopuh9iW ftlf 1116 0613 611,i11101glfleft tat lou,and maintenance of
appropriate security products, tools, and procedures sufficient to meet Ministry
requirements for protecting Information Products from improper access,loss,alteration,or jl
destruction,The Municipality is responsible for implementing tests,as maybe necessary,
to establish and monitor its own security products,tools,and procedures and to assess their t
adequacy,
(c) The Municipality warrants that it shall restrict employee/agents access to the information
II it receives pursuant to this Agreement by requiring all employees who shall have access to
such information to enter into and comply with an Employer/Employee/Agent Security
Statement ("Security Statement") which is contained in Schedule "E" and which is
incorporated into, made a part of, and subject to the terms and conditions of this
Agreement. The Security Statement shall bind the Municipality and all employees/agents
to the terms and conditions set out therein. The Municipality acknowledges and agrees Ij
that it shall be solely responsible for any failure on its part to bind an employee or agent and
to ensure his or her compliance with the Security Statement and it shall indemnify the
Ministry for any losses or damages which occur as a result of its failure to bind an
employee and to ensure his or her compliance with the Security Statement. The
Municipality shall be required to maintain a copy of all Security Statements that it has
entered into for a period of three(3)years from the date when the employee/agent ceases
to be an employee/agent of the Municipality,
(d) Subject to the authorized use as set out in Article 1.3 herein,any duplication of address
information shall be placed so that the information cannot be viewed by the public and/or,I
non-authorized persons.
jl (e) If the Municipality is approved to receive residential addresses,the Municipality may only I
disclose residential address information subject to the provisions ofthe Municipal Freedom
of Information and Protection of Privacy Act(F—S.0 1990,c.M56),as may be amended !I
from time to time.
6.2 Audit
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The Municipality shall accommodate electronic or manual audits of the Municipality at the �I
discretion of the Ministry and on one(1)business day's notice. The Municipality agrees to allow
ion-site audits by the Ministry during regular business hours. All records created by,or as a result
of this Agreement shall be subject to inspection and audit by the Ministry for a period of three(3)
}ears from the date they are created,
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7.0 Default
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7.1 Default
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In the event of the default of any of the terms and conditions in this Agreement by the Municipality
whether by omission or commission,or if an event of default under Article 7.2 herein occurs,the
Ministry at its discretion, may suspend, cancel or revoke the privileges of the Municipality ;
hereunder,forthwith upon delivery of notice in writing to that effect. The Ministry may pursue
appropriate administrative,civil and/or criminal remedies for default of the Agreement provisions.
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j 7.21 Events of Default
Default events include,but are not limited to,the following:
(a) the Municipality is merged with or annexed by another municipality;
(b) the Municipality has submitted false or misleading information to the Ministry or makes '
a false representation in this Agreement;
(c) there is a change in legislation or regulations which affects the terms and conditions of this
agreement
(d) the Municipality fails to meet a term or condition of this Agreement;or
(e) the Municipality has distributed restricted or confidential information to any person for a
reason not authorized herein. fj
' 7.3 ' Surrender of Information Products
�)
Whenever the Municipality account is suspended,cancelled or revoked or upon termination of this
Agreement,the Municipality shall,at the request of the Ministry,surrender to the Ministry all
Information Products and any copies or portions thereof in its possession and all records retained in
respect thereof,except those copies required to fulfil its obligatimis as set out in Article 9.7 herein,
not later than the end of the third business day after the date of suspension,revocation,closure,
cancellation,expiry or termination as the case maybe. The Municipality shall continue to remain
bound by the non-disclosure provisions hereofwhich shall survive termination of this Agreement and
shall remain in full force and effect,
8.0 < Certification of Records
8.1 Certification by Registrar
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The Municipality shall only request that Information Products be certified by the Ministry
(Registrar of Motor Vehicles)when either the Municipality is required to do so for the purpose of
legal proceedings or for some other purpose required by law.
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j 8.2 Transmission of Certified Information Products
The Ministry shall transmit to the Municipality all Information Products which it has certified in II
paper format. Despite Schedule "A" of this Agreement, the Ministry shall transmit to the '
Municipality all certified Information Products bymaU or as otherwise agreed between the Parties.
9.0 General
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9.1 Independent Contractor
The Nfunicipality and its officers,agents and employees shall act on behalf ofthe Municipality and
are no:officers,agents or employees of the Ministry. ;
9.2 : Indemnity
The Municipality agrees to defend,indemnify and hold harmless the Ministry and its officers, -
agents and employees from any and all,actions,damages or losses which maybe brought or alleged
again-r.the Ministry,its officers, agents or employees by reason of the negligent,improper,or
unauthorized use or dissemination by the Municipality or its officers,agents,or employees,of
Information Products furnished to the Municipality by the Ministry,or by reason of inaccurate or
out-of-:ate information contained in Information Products furnished to the Municipality,by the j
Ministry. This indemnification shall survive the expiry or termination of this Agreement.
9.3 Limitation of Liability
The Ministry makes no warranty,express or implied,with respect to the Information Products,the
accun or completeness of information contained therein,or that they shall be fit for any purpose.
1! In no event will the Ministry be liable for damages,including any loss of profits or other incidental
or cozs;.quential damages, arising out of the Munici ali
Inforr zion Products,or delays the Ministry, p se of, or inability to use the
y5 Y or from failure to supply Information Products,or
from ice;ccurate or out-of-date information contained therein. This Art icle shall survive the expiry
or term:nation of this Agreement
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j� 9A Force Majeure
Neither party shall be liable for delay or failure in performance resulting from acts beyond the
control of that party,including but not limited to:acts of God,acts of war,fires,floods or other
disasters, strikes, walkouts, communication line or power failure, or failure, inoperability or
destruction of computer hardware,software or firmware(unless by reason of the negligence of a
party to this Agreement).
9.5 Advertising
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Any promotional or informational material related to the Municipality's access to the Ministry's
Information Products shall be accurate and shall be consistent with the terms and provisions of the
Agreement and application,and shall contain only factual statements relating to the purpose and
conditions of access as set forth in this Agreement.The Ministry's name and logo shall not be used
without the prior written consent of the Ministry.
9.6 Enforceability
The parties agree that,as between them,each Information Product request received by the Ministry
shall be deemed to constitute a memorandum in writing,signed and delivered by or on behalf of the
Municipality thereof for the purposes of any statute or rule of law that requires a contract to be
evidenced by a written memorandum to be signed and/or delivered.Each party acknowledges that
in an legal proceedings between them r ii
� Y g P g respecting or in any wayelated to an Information Product,
it hereby expressly waives any right to raise anydefence of waiver of liabilitybased upon the absence
of a memorandum in writing or of a signature.
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Any computer printout made pursuant to this Agreement shall be considered to be an"original"
when maintained in the normal course ofbusiness and shall be acceptable by both parties to the same
extent and under the same conditions as other business records maintained in documentary form.
Each party agrees that any written records required to be kept by either party pursuant to this
Agreement shall be admissible in any legal,administrative or other proceedings as prima facie
evidence of the accuracy and completeness of their contents in the same manner as an original
document in writing. The parties hereby waive any right to object to the introduction of a duly
certified permanent copy of such records in evidence. II
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! 9.8 Non-Assign ability
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This Agreement is not assignable by the Municipality,either in whole or in part,without the prior
�I written consent of the Ministry.
9.9 Notification of Breach
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The Municipality shall notify the Ministry in writing immediatelyupon becoming aware that any
II of the provisions set out in this Agreement have been breached
9.10 Objection Procedure
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The pan ies hereby agree to utilize the following escalation procedure to resolve any issues,disputes
or clam;which may arise prior to resorting to any arbitration of legal remedies.
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In,the event of a dispute arising out of or in connection with this Agreement,the parties'contact
person shall initially attempt to settle the dispute. If they are unable to do so within two(2)weeks,
j they s_all refer the dispute to their respective senior management who shall have a further two(2)
weeks to negotiate the resolution. Failing such resolution,the matter shall be referred to a single
mediator mutually agreeable to both parties. Any decision of such mediator shall be a
recommendation for resolution of the dispute but shall not be binding on a party without its consent.
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9.11 Notices
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Except where otherwise specified herein,any notification to be given under the provisions of this
Agreement shall be in writing and shall be given by personal delivery, or sent by electronic I
facsimile, or mailed by a prepaid registered mail or delivered by courier service. The
Municipality shall notify the Ministry within ten(10)working days of any change of address or
contact person. Subject to change by either party with written notice,notices shall be addressed
as follows:
To the Ministry: Licensing Administration Office
I� Ministry of Transportation
2680,Keele Street
Main Floor,East Building
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Downsview ON M3M 3E6
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Attention; �1
Co-ordinator
Business Inf)rmation Services
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Tel: (416)235-4832 �.
I' Fax: (416)2354414 it
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To the Municipality:'
Municipality of Clarington
40 Temperance St.
Bowmanville,Ontario L1C 3A6
Attention:
Tel:r ( )
Fax:; ( )
Notices shall be deemed to have been effectively given on the date of personal delivery,the date
of electronic facsimile transmission or the date of delivery by courier service,or in the case of
senice by registered mail five(5)days after the date of mailing.
9.12 Waiver
Failure of the Ministry to complain of any act or failure to act of the Municipality,or
to declare the Municipality in default,shall not constitute a waiver by the Ministry of
its rights under this Agreement. No-waiver of any rights under this Agreement shall be
effective unless in writing,duly executed by the Ministry,
9.13 Entire Agreement
This Agreement, including the Authorized Requester Application and all Schedules
attached hereto, constitutes the entire agreement and understanding of the parties
relating to the subject matter hereof and supersedes all prior understandings,
discussions, negotiations, commitments, representations, warranties and agreements,
written or oral,express or implied,between them. None of the parties shall be bound by
any definition, condition,warranty or representation other than as expressly stated in
this Agreement. Except as expressly provided herein,this Agreement may be amended
or modified only by an iinstrument in writing executed by each of the parties.
9.14 Survival of Provisions
Each provision of this Agreement which,in order to give effect thereto, is required to
survive termination of this Agreement,shall do so and shall continue in full force and
effect until indicated in writing by the Ministry.
li 9.15 Jurisdiction of Contract
A contract created pursuant to this Agreement shall be deemed to have been formed in
the Province of Ontario and the rights and obligations of the parties to such contract
shall be governed by the laws in force in Ontario.
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9.16 Interpretation
(a) Headings are not to be considered part of this Agreement,and are included solely for
convenience and are not intended to be full or accurate descriptions of the content of
the paragraph.
(b) In this Agreement,words importing the singular number include the plural and vice
versa, words importing the masculine gender include the feminine and neuter
genders;words importing persons include individuals,sole proprietors,corporations,
partnerships,trust and unincorporated associations.
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!! IN WITNESS WHEREOF,each of the parties hereto have executed this Agreement.
Ministry of Transportation Official
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Director,Licensing and Control Date
Municipality P
n Aamrn
Name Date
Title
jMayor
P. Barrie
Name Date
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Title
Clerk Date
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SCHEDULE"A'°: TRANSMISSION OF INFORMATION PRODUCTS
A.1 Transmission of information Products
The Municipality shall indicate by affixing the signature of an official which is authorized to bind the
Municipality in the space provided herein by which means of transmission the Municipality shall request
and receive Information Products.The Municipality shall only be able to request and receive Information
Products by one means of transmission as prescribed herein.Once the Municipality elects to request and
receive Information Products by one means of transmission,it shall not be eligible to request and receive
Information Products by another means of transmission unless it has received the approval of the Ministry.
ELECTRONIC DATA TRANSMISSION(EDT)
A.2 Telecommunications Link °
The Municipality shall electronically access the Ministry's Information Products through a
telecommunications link to be established between the Municipality's computer and EDT.
A.3 Effect of Electronic Requests
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The Ministry shall accept the electronic• P requests for information Products and shall respond with Information
I( Products. The parties agree that any requests for Information Products made under this Agreement shall be
equivalent in effect,in contract and at law,to a request otherwise made on paper medium or otherwise,and
transmitted all in accordance with this Agreement.
a AA EDT and Mailbox
The Municipality shall obtain,install and test at its own expense all the computer equipment,supporting
equipment software and services,including'communications and mailbox services("Mailbox")that it shall
require in order to send and to receive electronic documents,as contemplated by this Agreement,through
EDT.
A.5 Receipt and Acknowledgement j
The Ministn-is hereby deemed to have received the requests for Information Products when the request is
received by the Ministry at its Mailbox. No request for Information Products or any other document shalt
be of any legal effect until it is received. The Municipality is hereby entitled to an acknowledgement of 3
receipt from the Ministry and reasonable efforts to assist when failed communication is detected.
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A.6 Connectidry Costs �I
The Municipality shall pay to the Ministry all costs associated with use of EDT for electronic access to it
Information Products in the manner and at the time prescribed by the Ministry. The connectivity costs shall it
include a one time set up fee of 5250.00 for a Personal Computer(PC) connection or$1,100.00 for a I
mainframe correction. In addition,there shall be recurring and usage charges for all hardware,software,
and services re . red to connect to and use EDT.No connectivity costs shall be payable to the Ministry if the
Municipality is already able to access Information Products from the Ministry byl DT. !
A.7 Contract Terms and Conditions
A contract shay.be formed between the parties as a result ofreceipt via the EDT of the request for Information I'
Products and such contract shall contain the information set out in the request for Information Products and
shall incorpora.-;and be subject to the terms and conditions of this Agreement.
A.8 Data Processing
The Municipaliry agrees to maintain control of the requests for and receipt of the Information Products from
its bead office. 1=:om this head office,the Municipality also agrees to maintain control over all activities
related to the au t orized use set out in Article 1.3 herein,at all times during the term of this agreement. is
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A.9 EDT Support
i Each of the pa.:;--s hereto shall:
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! •designate here;^a service co-ordinator who shall be responsible for all issues and communications with the
other related to EDT;
•designate her,-::,,a technical advisor who shall be the primary contact for technical communications with
the othe, related:o EDT;,'
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•inform the other of the names of their service co-ordinator and technical advisor in the space provided herein
before any requests for Information Products are made as authorized by this Agreement;and
*promptly inform the other when another individual is assigned to either of these positions.
Additional support personnel may be designated by mutual agreement.
A.10 Authorization
Each party shall establish such systems or methods of controlling the transmission of its documents as it
considers appropriate, and warrants that each document of which it is the sender is duly authorized and
binding upon it.
A.11 Incomplete,Inaccurate or Corrupted Requests for Information Products via EDT
If the Ministry reasonably suspects that a request for Information Products via EDT is incomplete,inaccurate, )
corrupted in transmission, or not intended for it, it shall not respond to the request, pending further I
clarification by the Municipality, The Municipality shall promptly re-transmit the request to access and
obtain the Information Product or take such other corrective actions as may reasonably be required in the
circumstance. All communications initiated pursuant to this Article are aRthe expense of the Municipality.
A.12 Security
The Municipality shall ensure that each employee,representative,or agent has a user identification number
(called a"USERID")and a security code to make requests for and receive Information Products under this
Agreement.Requests for Information Products which contain a USERID and a security code shall be legally
sufficient to verify the identity of the Municipality and the authenticity of the request. The Municipality
shall maintain security procedures to prevent unauthorized use of disclosure ofUSERID's.
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� A.13 EDT Failure
If requests for Information Products or Information Products cannot be sent by EDT because of some failure,
I; both parties agree to attempt to continue,normal communications by alternate means and to restore the EDT
transmissions promptly.
A.14 Access
Under normal conditions,it is anticipated that EDT maybe accessed 24 hours per day,7 days per we k, I
A.15 EDT-Immediate:
Subject to Article A.16 and A.17 herein,it is estimated that 90%of requests for Information Products shall
be processed and transmitted to the Municipality within 15 seconds of receiving the request for Information
Products from the Municipality.
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A.16 EDT-Immediate Batch:
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,I An Immediate Batch Transaction means between 2 and 100 requests for Information Products contained in
one batch transaction that is received by the Ministry.It is expected, but not guaranteed,that 90% of
;j Immediate Batch Transactions shall be processed and transmitted to the Municipality within 1 hour of
receiving the request from the Municipality,
I� A.17 EDT-Over Night Batch: II
j An Over Night Batch Transaction means more than 100 requests for Information Products contained in one
batch transaction that is received by the Ministry.It is expected,but not guaranteed,that Over Night Batch
Transactions shall be processed and transmitted to the Municipality the following business day from the day
that they are received by the Ministry.
Electronic Data Transfer Analvsts-EDT Hein Desk
EDT Technical Advisor(Ministry) Telephone number:(416)235-1366 or 1-800461-5538
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Coordinator,Business Information Services I
EDT Service Coordinator(Ministry) Telephone number:(416)2354832
EDT Technical Advisor(Municipality) Telephone Number:
EDT Service Coordinator(Municipality) Telephone number:( )
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The Municipality requests that Information Products be transmitted by Electronic
Data Transmission (EDT) and agrees to be bound by the terms and conditions
prescribed hereof.
Name
Title
Date'
MAGNETIC TAPE OR DISKETTE
A.18 Magnetic Tape or Diskette
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The Municipality shall access the Ministry's Information Products by submitting a magnetic tape or diskette
to the Ministry in the format prescribed by the Ministry.
A.19 Provision of Information Products
Upon receipt of the magnetic tape or diskette,the Ministry shall provide Information Products to the
Municipality on the magnetic tape or diskette.
TheMunicipality requests that Information Products be transmitted byMagnetic Tape
` or Diskette and agrees to be bound by the terms and conditions prescribed hereof.
Name
Ii Title'
>a
Date
PAPER FORMAT
A.20 Written Request
The Municipality shall access the Ministry's Information Products by submitting a written request to the.
Ministry by fax or by mail.
A.21 Provision of Information Products
Upon receipt of the written request,the Ministry shall provide Information Products to the Municipality by
printing the Information Products onto paper,and transmitting;the Information Products by mail.
The Municipality requests that Information Products be transmitted in Paper Format
and agrees to be bound by the terms and conditions prescribed hereof,
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Title
Date
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SCHEDULE,"13":MONTHLY REPORT
Municipality Monthly Court Cost Payment Report to Ministry of Transportation
Municipality
Reporting Period (YYYY/mm/dd) to fvvvv/mm/dd)
Customer(POA)A/C No.
Payment Categories
"Deemed Not to Dispute"(Article 4.1(1)b of the
Authorized Requester Agreement)
Fail to Respond"(payment received after Notice of
Fine and Due Date but before plate denial)
(Article 4.1(1)a of the Authorized Requester
Agreement)
"Fail to Respond"(payment received after plate
denial)(Article 4.1(1)a of the Authorized Requester
Amount of Cheque attached(same as box 12)
(Cheque No. Issue Date )
Signature of Treasurer or Chief Financial Officer
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No.of Fully Paid Tickets Issued
(1)
(4)
(7)
Municipality Service Fee
(2)
(5)
This is$.25 times box(4)
(8)
This is$.25 times boa(7)
(11)
rndltlons:
Total Amount Retaitted to Mil
(3)
(6)
This is$8.75 times box(4)
(9)
This is$8.75 tines box(7)
(12)
Please make cheques payable to Minister of FinancelMinistry
of Transportation.
These cost payments ate collected by the municipalities and
fowarded to the Ministry of Transportation under the
authority of POA Regulations 945 and 949 and the
Ministry ofTransponation
Licensing Administration Office
Attw Supervisor,Data Access&Control Unit
2680 Keele Street
Downsview ON M3M 3E6
- 14-
rvuaiocr vata ertor fm NIC
Notice of Impending Conviction(NIC)
Number ofNIC Issuted
Number of Tickets Plaid After NIC Issued
Notice of Fine and Due Date(NFDD)
Number of NFDD Istsued
Plate Denial
Number of Tickets Plaid After NFDD Issued but Before Plate Denial
Total Amount Paid After NFDD Issued but Before Plate Denial(S)
Number of Tickets Hiesulting in Plate Denial
Number of Tickets maid w/Plate Renewal
Total Amount Paid av/Plate Renewal(S)
Outstanding
Total Amount 0utstmndin at Plate Denial S
Number of Tickets Meceiving Partial Payment,
Number of Outstandiing Tickets Due to Extension
Number of Outstaadiing Tickets Due to Other Reasons
Stopped/cancelled
Number of Tickets S3topped/Cancelled
Re-opening
Number of Tickets air Re-opening
Please send to
Ministry ofTransponation
•
Licensing Administration office
Attn:Supervisor,Data Access&Control Unit ?
2680 Keele Street
Downsview ON M3M 3E6
' For the first annual report (1998/99), this represents nurrthta_r of tickets issued from July
till larch 31.
3 Data required for this row and below will be referring to a._1 'tickets issued from July 1;
-
_ 1998 to March 31, 1999. S=_--Sequent years are fr_ 'April l
1998 onwards till to end of :-- reporting year.
M
-15-
SCHEDULE D- MINISTRY REPORT
Annual Report from Ministry of Transportation to Municipality
Reporting Period (vvvv/mm/dd) to (vwv/mm/dd)
Name of municipality:
Customer A/C No:
I �I
�1 -16-
SCHEDULE "E"
�I
Government Requester Employer\Employee Security Statement
Employee Name:
I
Division:
Position#:
r
Municipality of Glarington,hereinafter referred to as the Municipality,is licensed to
receive confidential and personal information from data bases administered by the
Ontario Ministry of Transportation(hereinafter referred to as the Ministry). The
I Municipality and the Ministry are committed to protect this information from
unauthorized access,use or disclosure. The following policies have been adopted to
address employees'/agents'responsibilities for handling and protecting,this
information.
1. As an employee of the Municipality,you may access information only when
necessary to perform work assigned by a supervisor in the course of your !I
employment. You must not access or use the information from any Ministry
!, file or database for personal reasons. (Examples of inappropriate access or
misuse of information include,but are not limited to:making inquiries for ;!
u
personal use or processing transactions on your own records or those of your
I� friends or relatives;accessing information about another person,including
locating their residence address,for any"reason for which it is not related to
your work responsibilities or authorized by your supervisor.) j
j2. You may disclose information from a Ministry database or file only to ( `
ii individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry.;(Examples of
II �! unauthorized disclosures include but are not limited to:looking up someone's
�i address for a friend.)
i
�j I have read and I understand the security policies stated above,and will comply
I with them and any other security policies issued in the future by the Ministry or the
II t! Municipality. I understand that failure to comply with these policies may result in
II disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
Signature of Employee Date II
I,
,I I
II Witnessed By Date
I ;1
i
I�
i
I I
-7 A n
DN: TR-81-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: November 2, 1998 Res #
Report#: TR-81 -98 By-law #
Subject: Year 2000 Status Report
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-81-98 be received,
2. THAT the Year 2000,Committee report back to Council once an action plan has
been developed, and
3. THAT Council authorize the Treasurer to contract services on a one year basis, in
the systems division to assist in Year 2000 installations/conversions including the
geographic information systems implementation (G.I.S.), and
4. THAT the funds required for year 2000 compliance, approximately $50,000 to
$65,000 be approved from the Working Funds Reserve #2900-1-X.
Background:
1.0 As Council is aware, both through Treasury Report TR-50-98 (Attachment A) and the
1997 Audit Report and Management Letter TR-78-98, Municipal Staff are in the
process of addressing the year 2000 compliance issue. The Region of Durham has
recently approved a budget of $2 million towards year 2000 compliance.
1.1 A cross departmental committee has been established including representation from
the Library and Museums. An impact awareness session has been scheduled for the
REPORT NO.: TR- 81-98 PAGE 2
committee on November 5, 1998 and the committee will develop an action plan at
that time. Consultants have been retained to review with the committee, areas of
concern. At this point the review is for the purpose of developing the action plan
and critical path.
1.2 The year 2000 issue affects all areas and systems, not just computer systems and the
intent of the committee is to do a comprehensive review and identification process
to identify year 2000 problems and address those problems. Attached is
correspondence from the Ministry of the Solicitor General and Correction Services
(Attachment B) emphasising the importance of year 2000 compliance in the
Municipality's public safety and emergency-preparedness responsibilities.
Comments:
2.0 As many of the year 2000 problems are centred around information technology,
there is a substantial investment of manpower required to review all systems,
correct deficiencies, and if necessary, replace software.
3.0 A Major initiative undertaken by the Municipality, approved by Council, is the
implementation of a Geographic Information System. The GIS system will replace
many "legacy" database systems corporation wide thereby contributing in a major
fashion to our year 2000 compliance efforts. The G.I.S. will integrate existing
programs from all departments including development charge levy analysis, tax,
letters of credit, roads infrastructure and development tracking. Other software
requiring replacement due to year 2000 Compliance includes Fire Department
dispatch software and Community Services facility scheduling software. Both of
these systems are crucial to the operations of the departments and are major
installations. Although the capital cost of the software has been approved in the
1998 budget, due to the increasing demands in the systems area (ie. Vailtech tax
software, internet, etc), there is not sufficient human resources available to ensure
implementation of all the applications on top of G.I.S. It is therefore critical to
devote sufficient resources to the establishment of this system over the next 12 to
14 months.
3.1 G.I.S. software employs an Oracle database. Both of these components are very
complex and new to the Municipality. The Municipality currently lacks hands-on
expertise in these areas. The GIS Committee is supportive of the necessity for
additional staff in the systems division.
802
REPORT NO.: TR- 81-98 PAGE 3
Conclusion:
4.0 The Committee will update Council before year end to provide information on the
Municipality's action plan and any anticipated costs associated with the year 2000
review.
4.1 Due to both the complexity of the Geographic Information Systems implementation
and the additional requirements for year 2000 it is recommended that a one year
contract position to be authorized to assist the corporation to effectively ensure the
Municipality is in a position to meet compliance. It is recommended that the funds
required be approved from the Working Funds Reserve. It is anticipated that
approximately $50,000 to $65,000 will be required for year 2000 issues including
the consultant, some software, and the contract position. Although not anticipated
at this point, any specific software requirements that have not yet been factored into
the three year budget plan,' identified by the consultants, will be reported back to
Council and identified in the 1999 budget.
Respectfully submitted, Reviewed by,
a no, H.BSs., A.M.C.T., W.H. Stockwell,
Treasurer Chief Administrative Officer.
NT/MAM/pp
Attach.
DN; TR-50 AO
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT ATTACHMENT A
Meeting: General Purpose and Administration Committee File #
Date: June 22, 1998 Res. #
Report #: TR-50-98 FILE #: DEV By-law#
Subject: YEAR 2000 COMPLIANCE - UPDATE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-50-98 be received for information.
BACKGROUND AND COMMENT
1.0 The Municipality of Clarington is in the process of addressing the year 2000
compliance issue. The Treasury department is coordinating the effort to ensure that
the date sensitive systems are year 2000 compliant. To date the focus has primarily
been on the technology and the financial systems.
2.0 3C Complete Computer Consulting Inc. is currently working to ensure our
computerized accounting systems are year 2000 compliant. As outlined in the
correspondence in Attachment A, the expected completion date of the
modifications to the accounting applications is October 1998.
3.0 The new system installations in 1998 that are the tax collection system and the
G.I.S. system are both year 2000 compliant. As indicated in the Vailtech news
release, Attachment B, Vailtech's new software release accomodates a 4 digit entry
for the year. This is the release the municipality is currently using.
4.0 The municipality currently uses ScotiaPay Plus for the payroll services. Per report
TR-17-98, approval was given to staff to commit to ADP Canada's AutoPay system
-which is fully_year_,2000-year -
n r n
REPORT NO.: TR-50-98 PAGE 2
5.0 Over the summer months the Treasury department will co-ordinate with the other
departments to identify all other 'date sensitive' systems and review them"to ensure
they are year 2000 compliant. This will allow the municipality to provide
uninterrupted service into the new millennium.
Respectfully submitted, Reviewed by,
rie Marano, H.BSs., A.M.C.T., W.H. Stockwell,
Treasurer Chief Administrative Officer.
MM*KS*km
Attach.
. t
805
D � ATTACHMENT "All
Complete
� •
O
Computer JUN o 41998
Consulting DISTRIBUTION
It1C. N1l1iJICIPAl.IZYOPCLnfti::u'(0N ORIGI NAL:FiT
FINANCF
or•-
CC:1)Deputy��
'�ACCrunfa�,l
Wednesday, June 03, 1998 i)1'ayrru C�k
151 Tax Coll.
Marie Marano 6)
Treasurer 7) I ,
Municipality of Clarington ~
40 Temperance Street
Bowmanvlle, Ontario
L' IC3A6
j
Marie,as per our conversation regarding your Accounting Application Software for the year 2000.
This letter is to serve as notification that 3C Complete Computer Consulting Inc.has started the
modifications to the following Accounting Applications,
General Ledger
Accounts Receivable
Accounts Payable
Purchase Order
The modifications and testing are expected to be completed by the end of October with
implementation in November of 1998.
Marie, if you have any questions please do not hesitate to call me at 1-905-882-2111.
Sincerely,
Tony Pereira
Sr <Crescent
41
jynond Ha Ontario
Dfx o L48 1 C9
(-'&6)882-2111
Y• (am)882-2116
ATTACHMENT �%'!.G'l «
.)
14, �•
AtiVAILTECH ACT S
Year 2000 Corrrpllance
The municipality's Vailtech accounting applications g pp tons run on an Unto operating system and an
Informix database. The Informix database software acts as the repository of all data generated by
Vailtech applications. Within the applications, where it tises a two(2)digit data entry field for
the year, the application sends the two(2)digits to Informix for storage. When encountering a
two (2) digit year, Informix will prefix the digits with"19''. When a user enters the digits"98"
within a Vailtech application,the Informix database will store the digits as"1998". A problem
will occur if a user enters a two(2)digit year as"00". Informix will store"00"as"1900".
To alleviate the situation described above,Vailtech will release new versions of its software to
maintenance customers, modifying any two(2)digit entries for year to four(4)digits. In the nc\v
releases users will be required to enter"1998"instead of"98",or"2000"instead of-00". This
change has already been made in some applications such as the lttformix-based Tax system.
Picasc remember that Vailtech applications arc only one component of your computer
environment,and(hat your maintenance support agreement only covers new releases for
Vailtech applications. Vailtech cannot comment on the year 2000 compliance of the system's
operating system,or database.The municipality must ensure that their version of Informix will
interpret a four digit year correctly.
Graphical SoPivare
Vailtech continues to develop its new graphical,client server applications which run in standar d
networked environments,most particularly Microsoft NT server,Microsoft NT client,Windows
'95, and Oracle. Vailtcch's graphical Tax system is now operational in sixteen(16) large Ontario
municipalities ranging in population between 50,000 to over 300,000 people. Vailtech's
clieriVserver, graphical applications are supplied as a no-charge upgrade for maintenance
customers, pleas% note that associated costs such as conversions services, installation services,
training scrvices, ctc., will be billed.
Changes to T(zv SYstem for Legislative Changes
A two (2)day"Tax i.e illation Wor
S hsltop was held in Ottawa on March 26 and 27, 1998. The,
workshop was hosted by Vailtech and was attended by a cross section of Tax,system users. Roth
the Infonnix-based tax system and the client/scrver version are being modified in order to 1.
comply with the legislative changes. Vailtech will deliver new versions of the Tax system toy
maintenance customers b)•the end of May, 1998. At the saute time as the version release,
Vailtech wvill ofTcr it's customers a standard tax bill print. Should the municipality not Nish tci 1
use the :;andard tax bill print and wishes to use it's o%vtt design, please contact Vailtech so w-c
moo
program a custom bill print. Programming for custom bill prints is a chargeable scrVice.
For more information, please contact Vailtech at(61:3) 224-5) 11.
04!23/98
t
807
f
r! ATTACHMENT B
c'
Ministry of the Ministere du
Solicitor General and Solliclteur gen$rai at des � � � U1 I Ld r I U
Correctional Services Services correctionnels �.�,/
Emergency Measures Ontario Mesures d'urgence Ontario
19th Floor 19e etage
25 Grosvenor Street 25,rue Grosvenor
Toronto,ON M7A 1Y6 Toronto, ON M7A 1Y6 --
Telephonefr6l6phone:
(416)314-3723
Facsimilefr6lecopieur: {416)314-37
�I
File reference/Reference:
September 25, 1998 DISTRIB .TIOtd
� ORIGINAL:rile
W H Stockwell or—
:E,CAO OCT 2 3 199 CC: Deputy
The Munici all of Clarin on. 2 Accou,tant
p ty MUNICIPALITY OF CLAhi!:dTON 3)Pur.Mgr.
40 Temperance Street FINANCE 4)Payroll Clk �
Bowmanville, Ontario 5)Tax Coll.
L1C 3A6 6)
7)
Dear Sir, Madam:
As you know,the Government of Ontario has designated Year 2000 (Y2K)compliance as a top
priority. Of particular concern to the Government is the possible impact of the Y2K challenge on
community public safety. This includes anypossible disruption to essential community services
and any impact on'a community's ability to respond to a major emergency or to implement their
community emergency plan. I am writing,therefore,to underline the importance of dealing with
Y2K issues in a timely manner and to stress that Y2K compliance and emergency
preparedness and response is the responsibility of each community.
One of our key goals is to raise Y2K awareness among all communities as we continue our own
Y2K preparedness'activities. The Year 2000 issue arises from the fact that many computers,
computer software and microprocessors found in information technology and technologically
dependent equipment use only the last two digits of a year to store dates and may therefore not be
able to interpret dates after 1999. This could result in these systems failing to operate properly or,
possibly, ceasing to function at all prior to or after December 31, 1999. Local systems which
may be vulnerable to the Y2K challenge and which may affect public safety include but are not
necessarily limited to: community utilities, telephone systems,transportation systems, medical
facilities, emergency dispatch systems, community emergency operations centres, etc.
The Ministry of the Solicitor General and Correctional Services, which is responsible for
overseeing public safety across the province through its operating branch, Emergency Measures
Ontario, is undertaking a number of projects to have its own mission and business critical systems
Y2K compliant at the earliest possible date. We will be working to ensure that systems critical
to public safety, such as the Provincial Operations Centre, are functioning on January 1, 2000.
71-9208 088.083(107)
O (1 O
-2-
In fact, the Provincial Operations Centre will be staffed before, after, and on the eve of the new
millenium. We will also be working to ensure that Ministry telecommunications, computers,
buildings, service providers, and supplier chains are able to function following the
commencement of the year 2000.
In addition to the analysis, conversion and testing of all systems,the Ontario public safety system
will be developing comprehensive contingency plans so that all of its divisions and business units
will have appropriate arrangements in place in the unlikely event that system failures do occur in
spite of all best preventative efforts.
I would encourage your community to investigate and assess the hazards to public safety posed
by the Year 2000 challenge. Further, I would encourage your community to prepare contingency
plans and arrangements where it seems that there may be a disruption to essential community
services or to your ability to respond to a major emergency. The Year 2000 challenge should be
viewed as more than an"information systems"issue and I invite you to share this letter with
senior management and your emergency measures coordinator.
Emergency Measures Ontario will be contacting all communities shortly to determine their state
of emergency preparedness for the potential hazards posed by the Year 2000. To assist us in this
task, we ask you to identify a Y2K emergency preparedness contact and notify us by Friday
October 23, 1998. Please fax or phone @ Tel: 416-314-8614 or Fax: 416-314-8656 with the
following information:
• name and title of contact responsible for Y2K emergency preparedness
• telephone number
• fax number
• contact's mailing address
• e-mail address [if applicable]
Please note that you may have received information through other Provincial contacts as part of a
coordinated and comprehensive effort to raise awareness of the Y2K challenge with all
communities. This letter is intended to supplement the information you have already received
and focuses on the issue of public safety. In the meantime, if you would like further information
on Y2K and emergency preparedness, contact any of the following:
Derek Lancaster David Fowler
Year 2000 Contingency Planning Officer Year 2000 Technical Advisor
Emergency Measures Ontario Emergency Measures Ontario
Tel: 416-314-8604 Tel:416-314-8624
809
=3
Further information:
The following Internet sites may be of interest to you in order to gather general Year 2000
information:
httn://www.year2000 com Peter de Jager's site.
hgp://www.vear2000 coMLy2kgarr�e html Calm down article by Peter de Jager
httn://nw2.netcom com/—helliott/00 finis htm "Mother of All Year 2000"Link
hft://www.c,ba.ora/Gate.asn-Canadian Bar Association
httn://Www.httt)://s_ trateizis,ic. c.ca/year2000(Industry Canada)
http://www.cfib.ca(Canadian Federation of Independent Business)
littt)://www.itac.ca/Dolicv(Information Technology Association of Canada)
htta://www.can.ibm com/vear2000(IBM Canada)
httt)://www.cinderella.cO.za(Cinderella Project web site)
Thank you for your attention to this important matter.
Yours sincerely,
�j
W.D. (Doug) Harrison
Deputy Director and
Year 2000 Project Manager
attach.
cc: A.D.M. Public Safety Division
Superintendent Chris Lewis, Commander
Emergency Management Bureau, OPP
Ran