HomeMy WebLinkAbout11/16/1998 �'i�n rinU
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: NOVEMBER 16, 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 November 2, 1998
4. PRESENTATION
(a) Presentation at "closed" meeting re: Confidential
Report ADMIN-15-98
j 5. DELEGATIONS
(a) Evylin Stroud, 89 Little Avenue, Bowmanville
L1 C 1 J9 — Report WD-58-98
6. PUBLIC MEETINGS
(a) Rezoning Applications, Syvan Developments
Part Lot 8, Broken Front Concession, Former Town of
Bowmanville
REPORT PD-131-98 — SYVAN DEVELOPMENTS 501
7. PLANNING AND DEVELOPMENT DEPARTMENT
(a) PD-131-98 - Rezoning Applications, Syvan
Developments, Part Lot 8
Broken Front Concession, Former Town
of Bowmanville 601
(b) PD-132-98 - Proposed Heritage Designations
33 and 35 Centre Street, Bowmanville 609
(c) PD-133-98 - Monitoring of the Decisions of the
Committee of Adjustment for
the Meeting of November 5, 1998 616
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET • SOWMANVILLE -ONTARIO- L1C 3A6• (905) 623.3379 • FAX 623-4169
RECYCLED PAPER
G.P.& A. Agenda - 2 - November 16, 1998
8. CLERK'S DEPARTMENT
(a) CD-61-98 - Animal Services Monthly Report
for the Month of October 1998 701
9. TREASURY DEPARTMENT
(a) TR-82-98 - Franchise Agreement with Consumers'
Gas 801
(b) TR-84-98 - Community services Recreation
Software 813
(c) TR-85-98 - Cash Activity Report — September
1998 816
10. FIRE DEPARTMENT
(a) FD-15-98 - Monthly Fire Report— October, 1998 901
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11. COMMUNITY SERVICES DEPARTMENT
No Reports
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12. PUBLIC WORKS DEPARTMENT
(a) Addendum - Status of "The Mast Road" 1101
WD-50-98
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(b) WD-56-98 - Park Site/Newcastle Service Centre 1114
(c) WD-58-98 - Requests for Traffic Signals 1117
13. ADMINISTRATION
No Reports
14. UNFINISHED BUSINESS
(a) ADMIN-15-98 - Confidential Report regarding Personnel Matter
(to be distributed under separate cover)
15. OTHER BUSINESS
16. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee November 2, 1998
Minutes of a meeting of the General Purpose and
Administration Committee held on Monday,
November 2, 1998 at 9:30 a.m., in the Council
Chambers.
ROLL CALL
Present Were: Mayor D.Hamre
Councillor J.Mutton
Councillor M.Novak
Councillor J.Rowe
Councillor J. Schell
Councillor C.Trim
Councillor T.Young
Also Present: Acting Chief Administrative Officer,M:Marano
Director of Community Services,J.Caruana
Fire Chief,M.Creighton
Director of Public Works,S.Vokes
Director of Planning and Development,F.Wu
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-575-98
Moved by Councillor Schell,seconded by Councillor Trim
THAT the minutes of a regular meeting of the General Purpose and Administration
Committee held on October 19, 1998,be approved.
"CARRIED"
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DELEGATIONS
(a) Don Pebbles,Chair,Ad Hoc Committee,Clarington Public Library
62 Temperance Street,Bowmanville,LIC 3A8—referred to his
correspondence dated October 27, 1998,wherein he advised that the
Committee reviewed three options:
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• look to rent a new site at the old location of IGA;
• build a new library building;and
• stay at the current location.
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G.P.&A. Minutes -2- November 2, 1998
DELEGATIONS CONT' D
He noted that,if the library stays at its present location,there are two options.
The first is to continue with the current lease expiring June 30,2000,with a
commitment to an option for renewal at no increase and basic rent for a further
5 years at a fixed 5 year term,or the second option reduces the per square foot
rent by$1.75 provided that the next lease period be for a fixed 5 year term
commencing January 1, 1999.
Resolution#GPA-576-98
Moved by Councillor Young,seconded by Councillor Rowe
THAT the order of the agenda be altered to allow for consideration of the
Clarington Public Library Board's request at this time.
"CARRIED"
Clarington Library Resolution#GPA-577-98
Board
Moved by Councillor Mutton,seconded by Councillor Rowe
WHEREAS the Clarington Public Library Board's investigation of their options
with respect to the rental cost for the Newcastle Branch,concludes that there would
not be any relief to the 1998 taxation year;and
WHEREAS the Library Board will experience an increase in operating costs in
1998 relating to the flow through of property taxes;and
WHEREAS the Library Board has expressed that their adjusted operating
requirements for 1998 are an additional$45,000:
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington
authorizes$45,000 for the 1998 budget to be funded from the accumulated surplus.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution#GPA-578-98
Moved by Councillor Young,seconded by Councillor Schell
THAT the foregoing Resolution#GPA-577-98 be amended by adding the following
wording thereto:
"and THAT the Clarington Public Library Board be requested to revisit the reduced
rent option being offered."
"CARRIED"
The foregoing Resolution#GPA-577-98 was then put to a vote and"CARRIED AS
AMENDED."
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G.P.&A. Minutes -3- November 2, 1998
DELEGATIONS CONT'D
Resolution#GPA-579-98
Moved by Councillor Schell,seconded by Councillor Novak
THAT the Committee recess for 15 minutes.
"CARRIED"
The meeting reconvened at 10:40 a.m.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETINGS
Pursuant to the Planning Act,the Council of the Municipality of Clarington,
through its General Purpose and Administration Committee,is holding a Public
Meeting for the following applications:
(a) Clarington Official Plan Amendment—Part Lot 18,Concession 4,Former
Township of Clarke—Walter and James Hale
(b) Draft Plan of Subdivision Application-Part Lot 33,Concession 3,Former
Township of Darlington—Kassinger Construction Ltd./Gearing Farms Ltd.
The Deputy Clerk advised that public notices were sent by fast class mail on or
before October 2, 1998,to all property owners within 120 metres of the subject
properties in accordance with the latest municipal assessment record. In addition,
notices were also posted on the sites prior to October 2, 1998. This notice
procedure is in compliance with the Ontario Regulation made under the Planning
Act.
The Clerk's Department sent public notice for the proposed plan of subdivision
application by first class mail on or before October 2, 1998,to all property owners
within 120 metres of the subject property in accordance with the latest municipal
assessment records. In addition,notices were also posted on the sites prior to
October 2, 1998. This notice procedure is in compliance with the Ontario
Regulation made under the Planning Act.
The Chairman announced that the Director of Planning and Development would
describe the purpose and effect of the proposed amendments,then the objectors
would be heard,followed by the supporters and the applicant.
(a) Report PD-127-98—Walter and James Hale—Part Lot 18,Concession 4,
former Township of Clarke-the purpose and effect of this application is to
change the"Prime Agricultural Area"designation to permit the severance of a
dwelling surplus to the farm operation.
No one spoke in opposition to or in support of this application.
Sam Cureatz, 104 James Street West,Newcastle,L1B 106-advised that the
Regional Municipality of Durham and the Surveyor are working towards"fine
tuning"the application. He noted concurrence with the recommendations contained
in Report PD-127-98.
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G.P.&A. Minutes -4- November 2, 1998
PUBLIC MEETINGS CONT'D
(b) Report PD-128-98—H. Kassinger Construction Ltd./Gearing Farms Ltd., Part
of Lot 33,Concession 3,former Township of Darlington—the purpose and
effect of this application is to permit the development of a draft plan of
subdivision containing 16 single detached dwellings.
Kathleen Hayes,25 Mull Crescent,Courtice,LIE 2E1—requested that the
developer leave as many mature pine trees as possible on the property.
Deborah Fountain,23 Mull Crescent,Courtice,LIE 2E1—requested that the
mature pine trees along the lot lines be left on the property.
No one spoke in support of the application.
Paul Gearing,Gearing Farms Ltd.,Box 12,R.R.#3,Bowmanville,MC 3K4—
advised that a tree preservation study and archeological study are being undertaken
and that,he will do everything in his power to keep as much tree cover along the
property line as possible.
PLANNING AND DEVELOPMENT DEPARTMENT
Clarington Official Resolution#GPA-580-98
Plan Amendment
Application Moved by Councillor Rowe,seconded by Councillor Mutton
Walter&James Hale
D09.COPA.98.005 THAT Report PD-127-98 be received;
THAT the 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
THAT Durham Regional Planning Department receive a copy of Report PD-127-98
and that all interested parties listed in Report PD-127-98 and any delegations be
advised of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution#GPA-581-98
Moved by Councillor Mutton,seconded by Councillor Schell
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THAT the foregoing Resolution#GPA-580-98 be amended by adding the following
wording as a third paragraph:
"THAT clarification be requested from the Region of Durham on the need for a new
well."
"CARRIED"
The foregoing Resolution#GPA-580-98 was then put to a vote and"CARRIED AS
AMENDED".
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G.P. &A. Minutes -5- November 2. 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
Draft Plan of Resolution#GPA-582-98
Subdivision
H. Kassinger Moved by Mayor Hamre,seconded by Councillor T--
D 12.18T.98012
THAT Report PD-128-98 be received;
THAT the application for proposed Plan of SubdiNi__-n- -:3uiimitted by D.G. Biddle
and Associates Ltd. on behalf of H.Kassinger Con_�--i.---c=r. Ltd.and Gearing Farms
Ltd.,be referred back to Staff for further processing an- =paration of a subsequent
report pending receipt of all outstanding comments. into consideration all of
the comments received;
THAT within 15 days of the Public Meeting,the Cor=m=ioner of Planning for the
Region of Durham be advised and provided by sworn ze=mation from the Clerk.
the following:
i) that the Municipality held a Public Meeting in acxce with Section 51
(21.1)of the Planning Act for the subject subdiv>iskm mipplication;
ii) a copy of the minutes of said meeting;
iii)a copy of all written submissions received by the%huriiipality;
iv)a list of all persons and public bodies,including&eirmmiling addresses,which
made oral submissions at the public meetin,or submissions;and
v) a copy of Report PD-128-98 and the Council decasimn-amd;
THAT all interested parties listed in Report PD-12&99 aii atny delegations be
advised of Council's decision.
"CARRIEI?�
Information Report Resolution#GPA-583-98
on Bill 146
Farming and Moved by Councillor Schell,seconded by Councillc r
Food Production
Act THAT Report PD-129-98 be received for informatics
"CARRIED`
Committee of Resolution#GPA-584-98
Adjustment
October 15, 1998 Moved by Councillor Mutton,seconded by Councillrar
D13.CO
THAT Report PD-130-98 be received;
THAT Council concur with the decisions of the Cow°of Adjustment made on
October 15, 1998,for Applications A98/043 to A98,': inclusive; and
THAT Staff be authorized to appear before the Ont=ic wMnicipal Board to defend
the decisions of the Committee of Adjustment for A_-_�riic:anions A98/043 to
A98/047,inclusive, in the event of an appeal.
"CARRIED`
Councillor Trim chaired this portion of the meeting.
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G.P.&A. Minutes -6- November 2, 1998
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CLERK'S DEPARTMENT
Animal Services Resolution#GPA-585-98
Polices and
Procedures Manual Moved by Councillor Schell,seconded by Councillor Mutton
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THAT Report CD-55-98 be received for information.
"CARRIED"
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Animal Services Resolution#GPA-586-98
Monthly Report
August 1998 Moved by Councillor Rowe,seconded by Councillor Mutton
P 14.MO
THAT Report CD-56-98 be received for information;and
THAT a copy of Report CD-56-98 be forwarded to the Animal Alliance of Canada
and the Animal Advisory Committee.
"CARRIED"
Animal Services Resolution#GPA-587-98
Monthly Report
September 1998 Moved by Councillor Mutton,.seconded by Councillor Young
P 14.MO
THAT Report CD-57-98 be received for information;and
THAT a copy of Report CD-57-98 be forwarded to the Animal Alliance of Canada
and the Animal Advisory Committee.
"CARRIED"
Property Standards Resolution#GPA-588-98
Order Enforcement
Moved by Councillor Mutton,seconded by Councillor Schell
THAT Report CD-58-98 be received;
THAT the Municipal Law Enforcement Officers be authorized to undertake all
necessary actions to clean up the property of Gust Holdings Inc. located on
Simpson Avenue in Bowmanville;and
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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.
"CARRIED"
G.P. &A. Minutes -7- November 2, 1998
CLERKS DEPARTMENT CONT'D
Ministry of Resolution#GPA-589-98
Transportation
Municipal Moved by Councillor Young,seconded by Councillor Mutton
Parking Tag
Program THAT Report CD-59-98 be received;and
THAT the by-law attached to Report CD-59-98 authorizing the Mayor and Clerk to
execute the Government Authorized Requester Agreement be approved.
"CARRIED"
Resolution#GPA-590-98
Moved by Mayor Hamre,seconded by Councillor Young
THAT the Clerk's Department,in conjunction with the Marketing and Tourism
Department,prepare a flag design which would incorporate the municipal coat of
arms and the municipal colours of yellow and blue.
"CARRIED"
Councillor Mutton chaired this portion of the meeting.
TREASURY DEPARTMENT
Year 2000 Resolution#GPA-591-98
Status Report
Moving by Councillor Schell,seconded by Councillor Novak
THAT Report TR-81-98 be received;
THAT the Year 2000 Committee report back to Council once an action plan has
been developed;
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
THAT the funds required for year 2000 compliance,approximately$50,000 to
$65,000 be approved from the Working Funds Reserve#2900-1-X.
"CARRIED"
FIRE DEPARTMENT
There were no reports considered under this section of the agenda.
COMMUNITY SERVICES DEPARTMENT
There were no reports considered under this section of the agenda.
G.P. &A. Minutes -8- November 2, 1998
PUBLIC WORKS DEPARTMENT
There were no reports considered under this section of the agenda.
Mayor Hamre chaired this portion of the meeting.
ADMINISTRATION
There were no reports considered under this section of the agenda.
UNFINISHED BUSINESS
Delegation of The delegation of Don Pebbles was considered earlier in the meeting.
Don Pebbles
Resolution#GPA-577-98,Page 2.
OTHER BUSINESS
Payments in Resolution#GPA-592-98.
Lieu
Moved by Councillor Mutton,seconded by Councillor Trim
WHEREAS the Municipality of Clarington is concerned that if the proposed
legislation to limit property tax for small business is applied to Payments in Lieu,it
has the potential to affect all other property tax classes due to the
commercial/industrial education P.I.L.value that is included as a revenue source at
the lower tier level; .
WHEREAS the purpose of the proposed legislation is to assist small businesses
without affecting the residential tax payers;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington
FORTHWITH requests the Province to exclude the Payments in Lieu from the
provisions of capping under the proposed legislation;and
THAT the Region of Durham and the Local M.P.P.s within the Region of Durham
be advised of Council's decision,FORTHWITH.
"CARRIED"
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G.P.&A.Minutes -9- November 2, 1998
ADJOURNMENT
Resolution#GPA-593-98
Moved by Councillor Young,seconded by Councillor Schell
THAT the meeting adjourn at 11:40 a.m.
"CARRIED"
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MAYOR
DEPUTY CLERK
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REPORT: PD-131-98
SYVAN DEVELOPMENTS LTD.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act,
1990, as amended.
DATE: MONDAY, NOVEMBER 16, 1998
TIME: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St., Bowmanville,Ontario
The proposed zoning by-law amendment, submitted by Syvan Developments Limited, would change
the zone category of a 1.2 ha (2.96 acre)parcel of land in Part Lot 8, B. F.Concession former Town of
Bowmanville (as shown on the reverse) from "General.Industrial Exception (M2-16)" to "General
Industrial (M2)"to permit a general industrial use.
ANY PERSON may attend the public meeting and/or make written or verbal representation either in
support of or in opposition to the proposal. Please note that the time listed below reflects the time at
which the General Purpose and Administration Committee Meeting commences, not necessarily
when this item will be considered.
IF A PERSON OR PUBLIC BODY that files an appeal of a.decision of Clarington Council in respect of
the zonin by-law ro osed p p g y does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington before the proposed Zoning By-law is adopted, the
Ontario Municipal Board may dismiss all or part of the appeal.
ADDITIONAL INFORMATION relating to the proposal is available for inspection 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 Carlo Pellarin at 623-3379.
DATED AT THE MUNICIPALITY
OF CLARI
THIS tbp Y 0c ober . 1998
Patti Barr' , e
unicipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
PLANNING FILE: DEV 98-059
DEV D. 14-98-059
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SUBJECT SITE
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DN: PD-131-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 16, 1998 Res. #
Report #: PD-131-98 FILE #: DEV 98-059 By-law #
Subject: REZONING APPLICATION —SWAN DEVELOPMENTS LIMITED
PART LOT 8, BROKEN FRONT CONCESSION, FORMER TOWN OF
BOWMANVILLE-405 LAKE ROAD
FILE: DEV 98-059
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Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following-,'
1. THAT Report PD-131-98 be received, � f Y
2. THAT application to amend the Municipality's Zoning By-law 84-63 of the former
Town of Newcastle, as amended, submitted by Irwin Hamilton on behalf of Syvan
Developments Limited, be APPROVED as per the amending By-law contained in
Attachment No. 2; and
3. THAT the Durham Region Planning Department, and all interested parties listed in
this report and any delegation, be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Syvan Developments Limited
1.2 Agent: Irwin Hamilton
1.3 Rezoning: From "General Industrial Exception (M2-16)" to "General
Industrial (M2)"
1.4 Area: 1.2 ha (2.96 acres)
2. LOCATION
2.1 The property subject to application for rezoning is located on the south side and
almost at the end of Lake Road, in the Bowmanville Industrial Park. It is further
L r-1 1
REPORT NO.: PD-131-98 PAGE 2
described as being located in Part Lot 8, Broken Front Concession, in the former
Town of Bowmanville, and is municipally known as 405 Lake Road.
3. BACKGROUND
3.1 The rezoning application was received October 6, 1998. The subject parcel has
been recently purchased by Syvan Developments Limited, together with a number
of other parcels within the Lake Road industrial subdivision. It is staff's
understanding that the lot in question has in turn been sold to a third party,
conditional on the zoning being amended to "General Industrial (M2)". The current
"General Industrial Exception (M2-16)" zoning permits only a 'motor vehicle
wrecking yard' within�a.fully enclosed building and no outside storage.
4'. EXISTING AND SURROUNDING USES
4.1 Existing Uses: The subject lands are currently vacant.
4.2 Surrounding Uses: East - vacant industrial lot fronting on Lake Road
West - T.S. Environmental, P.C.B. processing facility
South - Canadian National Railway line and vacant land
North - Multech Industries and a vacant industrial lot
5. PUBLIC MEETING
5.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the
Planning Act, the appropriate signage acknowledging the application was installed
on the subject lands. In addition, the appropriate notice was mailed to each
landowner and tenant within the prescribed distance.
5.2 As of the drafting of this report, no written enquiries have been received. Verbal
enquiries requested additional information regarding the proposed future
development.
REPORT NO.: PD-131-98 PAGE 3
Inasmuch as a site plan application has not been filed, staff can only confirm that
any use of the property must comply with the uses permitted in the M2 zone.
6. OFFICIAL PLAN POLICIES
6.1 Within the Durham Regional Official Plan (DROP) the subject property is
designated Employment Area. Lands designated as such shall be used for an array
of uses including manufacturing, assembly and processing of goods, service
industries, and warehousing.
6.2 Within the Municipality of Clarington Official Plan, the subject property is
designated 'Light Industrial". The predominant use of the lands so,designated shall
be manufacturing, assembling, processing, fabricating, repairing, research and }
development, and warehousing. Outside storage is limited to 25% of the total gross
building floor area,_less than 3 metres high and located in well screened locations,
generally at the rear of the building. The agent has advised the purchasers are
proposing to have outside storage on site.
7 ZONING BY-LAW PROVISIONS
7.1 The current M2-16 zone is site specific and was approved by Council on February
23, 1998 as a result of an application filed by Global Automotive Recycling. The
M2-16 zone only permits a motor vehicle wrecking yard within a fully enclosed
building, with no outside storage. Unfortunately, following Council adoption of the
zoning amendment to M2-16, the Global Automotive Recycling did not submit a
site plan, and eventually their offer to purchase the property expired.
8 AGENCY COMMENTS
8.1 The application was not circulated to any agencies to obtain comments.
n 7
REPORT NO.: PD-131-98 PAGE 4
9. STAFF COMMENTS
9.1 Application was filed in October to rezone the lands back to "General Industrial
(M2)". The M2 zone allows a wide range of uses including outdoor storage
associated with a permitted use. Irwin Hamilton has indicated that the purchaser is
involved in metal manufacturing and requires outdoor storage.
9.2 Prior to Council's approval of the M2-16 zone in February 1998, the subject
property was zoned M2: The applicant, at this time, wishes to have the zoning
return to what was in place less than a year ago. The intention of the application is
to request Council's permission to amend the zoning back to what was in place
prior to the M2-16 rezoning application approval back.in February 1998.
9.3 In order to expedite the approval process and in view of the fact that this is a
simply, straight forward application in rezoning the land back to its original zone,
staff is recommending approval be given immediately after the public meeting
process.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. H. Stockwell,
Director of Planning & Development Chief Administrative Officer.
FW*df
5 November 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Proposed Zoning By-law Amendment
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REPORT NO.: PD-131-98 PAGE 5
Interested parties to be notified of Council and Committee's decision:
Syvan Developments Limited
85 King Street West
Unit 2
NEWCASTLE, Ontario
1-113 11-2
Irwin Hamilton & Mutton
Barristers and Solicitors
1 Division Street
P.O. Box 39
BOWMANVILLE, Ontario
L1C 3K8
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ATTACHMENT #1
SUBJECT SITE
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KEY MAP D EV. 98-059
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ATTACHMENT #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law of the
former Corporation of the Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63,as amended,of the former Corporation of the Town of
Newcastle to permit the development of a general industrial use;
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NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
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1. Schedule 03"to By-law 84-63,as amended,is hereby further amended by changing
the zone category from"General Industrial Exception(M2-16)"to"General
Industrial(M2)"as illustrated on the attached Schedule"A"hereto.
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof,subject to the
provisions of Section 34 of the Planning Act.
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BY-LAW read a first time this day of 1998.
f BY-LAW read a second time this day of 1998.
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
CLERK
This is Schedule"A" to By-law 98- ,
passed this day of , 1998 A.D.
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DN: PD-132-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, November 16, 1998 Res. #
Report #: PD-132-98 FILE #: PLN 34.5.1 By-law #
Subject: PROPOSED HERITAGE DESIGNATIONS
33 and 35 CENTRE STREET, BOWMANVILLE
FILE: PLN 34.5.1
i
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 THAT Report PD-132-98 be received; { e �±
2. THAT the request of the Local Architectural Conservation Advisory Committee to-
designate as a historical structure the properties listed on Attachments 1 and 2 be
approved;
3. THAT the Clerk prepare the required notice of intent pursuant to the provisions of
the Ontario Heritage Act and report back to Council following the prescribed
notification period; and
4. THAT the Local Architectural Conservation Advisory Committee be advised of
Council's decision.
1. BACKGROUND
1.1 The Planning Department has received a copy of two requests submitted to the
Local Architectural Conservation Advisory Committee (LACAC) to designate, as
having historic and/or architectural value or interest, the following properties:
• 33 Centre Street, Bowmanville
• 35 Centre Street, Bowmanville
� n !1
REPORT NO.: PD-132-98 PAGE 2
Both structures are described in Attachment No.'s 1 and 2. The designation request
for 33 Centre Street contains both interior and exterior architectural features. The
LACAC has requested only the exterior elements of 35 Centre Street be designated
as the interior of the building has been significantly altered. Staff concurs with the
Committee's recommendation on the items to be designated.
1.2 The Chairperson of the LACAC has advised that the designation requests have been
made in response to written requests submitted by the respective property owners.
The LACAC has .provided each owner with relevant information related to the
designation of the properties, including the restrictions placed on the properties as a
result of designation.
2. COMMENTS
2.1 Staff have reviewed both properties terms of their Official Plan and Zoning By-law
designations. In addition, both external and internal visual inspections of the
properties were conducted. Staff has no objection to designating the structures
pursuant to the Ontario Heritage Act as having historic and/or architectural
significance.
2.2 Therefore, it is recommended that the Clerk prepare, send and publish the required
notice of intent pursuant to Section 29 of the Ontario Heritage Act and report back
to Council following the prescribed notification period.
tin
I
REPORT NO.: PD-132-98 PAGE 3
Respectfully submitted, Reviewed by,
1
1
Franklin Wu, M.C.I.P., R.P.P. . Stockwell
Director of Planning & Development Chief Administrative Officer.
IL*DC*FW*df
5 November 1998
t i s
s" trrya r � � ;z sr
Attachment No. 1A - Features.to-be Designated =33 Centre Street
Attachment No. 1 B - Key Map
Attachment No. 2A. - Features to be Designated -35 Centre Street
Attachment No. 2B - Key Map
Interested parties to be notified of Council's and Committee's decision:
Ms. Janie Dodds
LACAC Chairperson
3917 Concession Road 8
R.R.#1
ORONO, Ontario
LOB 1 MO
Mr. and Mrs. B. Higgins
33 Centre Street
BOWMANVILLE, Ontario
L1C 2Y2
Mr. R.L. McEachern
35 Centre Street
BOWMANVILLE, Ontario
U C 2Y2
ATTACHMENT NO. 1A
Lorne Villa
33 Centre Street
Bowmanville
This pair of semi-detached Italianate homes, circa 1876, is one of the most unusual houses
built in Bowmanville as it has been constructed of solid, natural, limestone and clay
cement. Architectural elements, such as quoins, soldier courses and keystones have been
etched in the cement and are still visible. The first known owner of the semis is Cephas
Barker, a Bible Christian preacher and editor of the Bowmanville newspaper, The
Observer. In 1887 the property was purchased by Moses A.James, owner of the Canadian
Statesman, who named the building Lorne Villa. The structure is recommended for
designation under the Ontario Heritage Act for its historical significance and the following
architectural features:
i
Interior:
• Plaster arch in foyer;
• Medallions in living room and dining room;
• Plaster cornice in living room and dining room;
• Original wooden baseboards, window trims and door casings; ,
• Tin ceiling and coves in the kitchen.
Exterior:
• Poured cement construction with its architectural etchings;
• Original eaves and decorative brackets;
• Original front door;
• Window casings and lintels.
AVwa I
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#35 #33
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ATTACHMENT NO. 1 B
SUBJECT SITE
33 CENTRE STREET
(BOWMANVILLE)
LOT 11
CONCESSION STREET WEST
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LIBERTY PLACE
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CARLISLE AVENUE
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ATTACHMENT 2A
Lorne Villa
35 Centre Street
Bowmanville
This pair of semi-detached Italianate homes, circa 1876, is one of the most unusual houses
built in Bowmanville as it has been constructed of solid, natural, limestone and clay
cement. Architectural elements, such as quoins, soldier courses and keystones have been
etched in the cement and are still visible. The first know owner of the semis is Cephas
Barker, a Bible Christian preacher and editor of the Bowmanville newspaper, The
Observer. In 1887 the property was purchased by Moses A. James, owner of the Canadian
Statesman, who named the building Lorne Villa. The structure is recommended for
designation under the Ontario Heritage Act for its historical significance and the following
architectural features:
I
Exterior:
• Poured cement construction with architectural etchings; ,s
• Original eaves and decorative brackets
• Original front door;
• Window casings and lintels.
.•L
#35 #33
614
ATTACHMENT NO. 2B
SUBJECT SITE
35 CENTRE STREET
(BOWMANVILLE)
LOT 11
CONCESSION STREET WEST
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LOWE STREET LOVERS LANE 0
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i' EXANDER BLVD.
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LIBERTY PLACE
CARLISLE AVENUE
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DN: cofa-gpa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, November 16, 1998 Res. #
Report #: PD-133-98 FILE #: A98/045 and A98/048 By-law#
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF NOVEMBER 5, 1998.
FILE NO: A98/045 AND A98/048
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-133-98 be received ;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
November 5, 1998 for applications A98/045 and A98/048;
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment for applications A98/045 and A98/048, 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 A98/045 was approved as applied for, recognizing an existing deck and shed,
subject to the applicant removing the encroaching eaves from the shed within six (6)
months of the date of this decision.
1.3 Application A98/048, submitted by Garth and Tracy White, was tabled to the next
meeting (November 26, 1998) to allow the applicant time to consider possible
modifications to their application.
� t �
REPORT NO.: PD-133-98 PAGE 2
1.4 The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. 1.
1.5 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.
i
1.6 Council's concurrence with the Committee of Adjustment decisions is required in order
to afford staff's official status before the Ontario Municipal Board in the event of an
appeal of any decision of the Committee of Adjustment.
Respectfully submitted, Reviewed by; £'
Franklin Wu, M.C.I.P., R.P.P. H. Stockwell,
i
Director of Planning & Development Chief Administrative Officer.
SL*FW*cc
6 November, 1998
Attach.
617
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/045
APPLICANT: PARK, LESLIE
AGENT:
PROPERTY DESCRIPTION
53 BIRCHFIELD DR.
PART LOT: 34 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: 1OM-787 -51
ZONING: R2
HEARING DATE: 5-Nov-98
DECISION: APPROVED
APPEAL DATE: 25-Nov-98
MINOR VARIANCE:
TO REDUCE AN EXISTING SHED'S REAR & SIDE YD SETBACKS FROM 1 . 2M
(3 . 941 ) TO OM & 0 .26M, RESPECTIVELY, & TO REDUCE AN EXISTING
DECK' S REAR YD SETBACK FROM 6M (19 . 71 ) TO 5 . 8M (191 ) & IT' S SIDE
YD SETBACK FROM 1 .2M (3 . 941 ) TO 0 . 95M (3 . 121 )
REASON FOR DECISION:
THAT THE APPL. IS CONSIDERED IN CONFORMITY WITH THE OFF. PLAN &
ZONING BY-LAW & IS DEEMED MINOR AND DESIRABLE, THE APPL. BE
APPROVED AS APPLIED FOR, CONDITIONAL THAT THE APPLICANT REMOVE THE
ENCROACHING EAVES WITHIN 6 MONTHS OF THE HEARING DATE.
1 1 0
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/048
********************
APPLICANT: WHITE, GARTH & TRACY
AGENT:
I
PROPERTY DESCRIPTION
63 BEAVER STREET SOUTH
PART LOT: 28 CONCESSION: 2
TOWNSHIP: NEWCASTLE
PLAN NUMBER: - -
ZONING: R2 -
i
HEARING DATE: 5-Nov-98
DECISION: TABLED
APPEAL DATE: 25-Nov-98
MINOR VARIANCE:
TO PERMIT THE CONST. OF AN ACCESSORY BLDG. THAT WILL INCREASE THE
TOTAL COVERAGE OF ACCESS. BLDGS . FROM MAX. OF 40% TO 46% (87 . 1
SQ.M) OF THE TOTAL FLOOR AREA OF THE HOUSE, & REDUCE THE NORTH YD.
SETBACK OF THE NEW ACCESS. BLDG. FROM 1 .2 M TO NIL.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED TO THE NEXT MEETING, NOVEMBER 26,
1998, TO ALLOW THE APPLICANT TIME TO CONSIDER MODIFYING HIS
APPLICATION.
619
THE CORPORATION OF THE MU LARINGTON
, t
REPORT.,`
ti
t �>
Meeting: General Purpose and Administration,Committee
File #
Monday, November 16, 1998
Date: Res. #
CD-61-98
Report #: ' t,
ANIMAL SERVICES MONTHLY'REPORT By-law#
Subject: FOR MONTH OF OCTOBER,
a
tx pr
It is respectfully recommended that the. General;..Purpose and Administration
Committee recommend to Council the follov!ing,' .
1. THAT Report CD-61-98 be received for information; and
}
2. THAT a copy of Report CD-61-98 be forwardedi the Animal Alliance of Canada and
the Animal Advisory Committee.
1. BACKGROUND
1.1 For the information of Council, the table at� ched to this Report summarizes the
activ' ies and revenues pertaining to Animal Se vtcesI&the month of October .1998.
4Respe idly su mitted,
Review }'
My tires'
ar . ` .C,T. .A arano...
r Acting Chief Administrative Officer
MPK*PLB*hj
Animal Alliance of Canada Animal Advisory Committee
221 Broadview Avenue
Suite 101
Toronto, Ontario
M4M'2G3
tyl,
r
CLERK'S DEPARTMENT ATTACHMENT NO. 1
ANIMAL CONTROL SERVICES DIVISION TO REPORT NO. CD-61-98
ANIMAL CONTROL MONTHLY REPORT
OCTOBER 98
A.ACTIVITIES THIS MONTH YR.TO DATE'98 YR.TO DATE '97
PICKED UP-WILDLIFE 14 93 72
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 16 10 172 107 205 164
BROUGHT IN 8 40 83 218 100 175
RETRIEVED BY OWNERS 15 1 123 16 145 15
SOLD TO RESIDENTS 6 41 117 218 138 217
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 0 2 4 22 12 44
DEAD ON ARRIVAL 3 6 11 69 10 63
QUARANTINE 0 1 1 11 3 3
WRITTEN WARNINGS 10 162 168
P.O.A. TICKETS 4 40 11
CONVICTIONS 0 20 14
CALL-OUTS AFTER HOURS 3 47 36
OVER TIME HOURS 9 141 109.5
B. REVENUES
Ei
DOGS&CATS RELEASED 0 25.68 691.22 205.44 654.84 66.04
LICENSES 6768.30 0 37735.80 0 31807.25 0
SOLD TO RESEARCH 0 0 0 0 0 0
SOLD TO RESIDENTS 259.00 1256.50 4661.95 3712.48 6475.00 1351.30
:!R EDEEMED 384.50 0 4024.25 10.00 4664.00 0
SUB TOTAL 7411.80 1282.18 47113.22 3927.92L 43601.09 1417.34
TRAP REVENUE 26.70 248.35 242.97
TOTAL REVENUE 8720.68 51289.49 45261.40
NOTE: EUTHANISED 2 CATS-1 INJURED CAT
1 AFTER RELEASE FROM QUARATINE
702
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
File M
Date: November 16, 1998
Res.#:
Report M TR-82-98 File M
By-Law M
Subject:
FRANCHISE AGREEMENT WITH CONSUMERS'.GAS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee �s � =
recommend to Council the following:-, f�,^ smxa
1: THAT-Report TR-82-98 be received; M
2. THAT Council approve the form of draft By-Law(including the franchise
agreement forming part thereof)attached hereto and authorizes the
submission thereof to the Ontario Energy Board for approval pursuant to the
provisions of Section 9 of the Municipal Franchises Act; and
3. THAT Council request the Ontario Energy Board to make an order dispensing
with the assent of the municipal electors of the attached draft By-Law
(including the franchise agreement forming part thereof) pursuant to the
provisions of Section 9(4)of the Municipal Franchises Act.
Background and Comments:
1.0 The Municipality of Clarington has an existing franchise agreement with Consumers'
Gas entered into on February 13, 1978. This original 20-year agreement has been
extended twice and will expire December 13, 1998. An additional extension has been
requested to allow processing time as the Ontario Energy Board requires ninety (90)
days to process the lease.
1.1 The franchise agreement must be approved by the Ontario Energy Board (OEB). In
1987, the OEB approved a model agreement for use when existing 20-year
agreements expired. See Attachment"B"for a copy of a letter received from
Consumers' Gas.
1.2 The Agreement provides that Consumers' Gas can use right-of-ways for the supply,
distribution and transmission of natural gas.
TR-82-98 Page —2 -
FRANCHISE AGREEMENT WITH CONSUMERS' GAS
1.3 The new franchise agreement has been reviewed by the Municipality's solicitor. The
primary concern outlined by the solicitor revolves around the calculation and sharing
of relocation costs incurred during construction of roads. The new Agreement
proposes to share costs on a 65/35 sharing ratio, where the municipality pays 35%
and Consumers' Gas contributes 65% of cost to relocate during road construction.
The previous lease did not stipulate so provincial legislation under the Public Service
Works on Highways Act, R.S.O. 1990, c.P.49 stipulated a 50/50 apportionment rule.
However, the calculation of the costs to be shared is determined differently in that the
definition of labour costs is expanded under the new agreement and an administrative
overhead charge of 22.5% is added in the new agreement.
1.4 The Public Works Department has reviewed the proposed cost sharing arrangement
and is of the opinion that the new agreement would generally result in minor cost
savings to the Municipality. This is reflected in the following chart(supplied by
Consumers' Gas):
_ :Clarington Job Clarington Job Clarington Job �Clarington Job s. - Glarington
#40-4762-97 #40-4765-97 #40-4756-9T 'S #40 4750-96 Job*
Scugog&Second St Wellington St Hwy.#2 Igng`Street church&'Oivsion
Total Job Cost $5,097.04 $58,486.90 $33,644.04 $4,970.30 ` $154,372.77
Amount Billed 1,930.70 20,456.00 10,764.45 1,766.51 56,865.28
35%Share 1,783.96 20,470.42 11,775.41 1,739.61 54,030.47
Variance 146.74 (14.42) 1 (1,010.96) 1 26.91 1 2,834.81
Note:7%GST not
included
Total amount billed to Clarington on 50/50 sharing basis $91,782.94
Total amount based on proposed 65/35 sharing basis 89,852.24
Variance 1,930.70
1.5 The Treasury Department has investigated any potential for revenue generation in
deviating from the proposed agreement (ie. charging Consumers Gas for use of
municipal right-of-way). The Ministry of Municipal Affairs and Housing was contacted.
According to MMAH, a regulation was passed in 1998, made under Subsection
220.1(13) of the Municipal Act to prevent municipalities from charging
telecommunication companies from occupying municipal right-of-ways. MMAH staff
were of the opinion that, even though gas companies are not currently covered under
this regulation, should municipalities commence charging the utilities, they would
likely appeal to the Province to be included in this regulation.
1.6 The OEB must approve the franchise agreement and also convenes hearings to
resolve disputes. Since the OEB has traditionally emphasized uniform rates
respectively across commercial, industrial or residential customers served by the
same distributor, the imposition of differing franchise fees in different municipalities
would not likely be supported by the OEB in a dispute between municipalities and
Consumers' Gas.
TR-82-98 Page—3-
FRANCHISE AGREEMENT WITH CONSUMERS' GAS
1.7 Treasury Staff have contacted Mr. Paul Pudge, Board Secretary, Ontario Energy
Board, who indicated that the OEB to-date has turned down Municipal requests to
vary from the model agreement developed by the OEB.
1.8 In the Region of Durham, The Town of Whitby has entered into the model agreement.
The old agreements in the other area municipalities have not yet expired.
Consumers' Gas has also signed model agreements with Lindsay, Manvers and
Township of Ops, in 1997.
Conclusion:
2.0 As the model agreement being proposed for use by Clarington was approved by the
Ontario Energy Board and there does not appear to be any potential for additional
revenue generation, it is recommended that the agreement be adopted. As indicated
above, the Public Works Department is of the opinion that the proposed sharing of
relocation costs is not detrimental to the Municipality.
Resp ctfully`submitted, Reviewed by
w
4a6in' . Taylor A;CA., n A. Marano, HBSc., AMCT,
Deputy Treasu er. Acting Chief Administrative Officer.
Stephen Vokes, P.Eng.,
Director of Public Works. <'
MM/NT/hjl
Attachments
Attac:mom* '
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98-
Being a by-law to authorize a Franchise Agreement
between the Municipality of Clarington
And The Consumers'Gas C,Dmpany Ltd.
WHEREAS,the Council of the Corporation deems it expedient to enter into the attached franchise
agreement with the Consumers'Gas Company Ltd.;
AND WHEREAS the Ontario Energy Board by its Order issued pursuant to the Municipal Franchises
on the............ day of.............. 1998 has approved the terms and conditions upon which and the od
for which the franchise provided for in the attached agreement is proposed to be granted,and has
declared and directed that the assent of the municipal electom in respect of this By-Law is not necemaary;
AND WHEREAS,the Consumers'Gas Company Ltd.has putnided the Corporation with a c onsentU rMme
repeal of the By-Law hereinafter referred to:
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE NUNt@32PAM
OF CLARINGTON:
1. THAT the attached franchise agreement between the Corporation and the Consumers'Gas:: �mpany
Ltd.is hereby authorized and the franchise provided for therein is hereby granted.
2. THAT the Mayor and Clerk are hereby authorized and instructed on behalf of the Corporaticir enter
into and execute under its corporate seal and deliver the aforesaid agreement,which agreement is
hereby incorporated into and shall form part of this By-Law.
3. THAT the By-law referred to in Schedule"A" annexed hereto and forming part of this By-4--ax
hereby repealed insofar as it applies to any area within the present geographic limits of the
Corporat on.
Wavor
.;;ark
SCHEDULE"A.'
By-Law No.78.8 passed by the Council of the Corporation of the ' v,of Newcastle on the 13th day of
Fcbruary,, 1978 .
S;\LZGA.:.1aE000VWR"CHaa4EwAi S\BYCLARSAM
-. r
THE CONSUMERS'GAS COMPANY LTD.
FRANCHISE AGREEMENT
THIS AUREP,MPNT made this day of 119
BETWEEN:
THE CORPORATION OF THE
MUNICIPAWTY OF CLARINGTON
hereinafter called the"Corporation"
-and-
THE CONSUMERS'CAS COMPANY LTD.
hereinafter called the"Gas Company"
WHEREAS the Gas Company desires to dL-An"b%=and sell gas in the Municipality upon the terms snd
conditions of this Agreemcatt;
AND WHEREAS by by-law paastxi by the Coutwil ofdre Corporation(thc"13y IM"N tho Mayor and the
Citric have been authorized and directed to execute this Agreement on behalf ofthe Corporation;
THEREFORE the Corporation and the Gars Company agree as follows:
E Definitions
1. in this Agreement
(a) "gas"means natural gas,manufactured g=synthetic natural gas,liqut fied pctrolcuir gas or
propane-air gas,or a mixture of any of them,but does not Include a liquefied petroleum gas that is
distributed by means other than a pipetine;
(b) "gam system"means such mains,planm pipes,conduits,services,valves,regulators,curb boxes,
stztiona,drips or such other equipment as the Gas Company may require or deem desirable for the
supply,transmission and distribution of gas in or through the Municipality;
(c) "highway"means all common and public highways and shall include any bridge,viaduct or
shvdurc forming part of a highway,and any public agwuv,road allowance or walkway and shall
include not only the travelled portion of such highway,but also ditches,driveways,aidcwalks,and
sodded areas fomaing part of the road allowance now or at any time during the term hereof under
the jurisdiction of the Corporation;
(d) "Municipality"means the territorial limits or the Corporation on the date when this Agreement
takes uiTect,and any territory which may thereafter be brought within the jurisdiction of the
Corporation;
(e) "Engincer/Road Superintendent"means the most senior individual employed by the Corporation
with responsibilities far highways within the Municipality or the person designated by such senior
' employee or such other person as may from time to time be designated by the Council of the
Corporation.
1
S:%EGALV:tEe(30V\FR Nw--f1RENP-WALS%AGTCLARBAM
tt nights Granted
1. To provide gas service.
The consent of the Corporation is humby given►and granted to the Gas Company to sahpPly 1s in the
Municipality to the Corporation and to the inhabitants of the Municipality.
2. To use road allowances.
The consent of thv Corporation is hereby given and granted to the Gas Company to antes upon all highways
now or at any time bw�;after under the jurisdiction of the Corporation and to lay,duet.maintain,
replace,remove,operate and repair a gas system for the supply,distribution and transudssion of gas in and
through the Municipality.
3 Duration of Agreement and Renewal Procedures.
Tht rights hereby given and granted shall be for a term of twenty(20)yew*from die dde of final passing
of the By-law.
At any time within two years prior to fire expiration of this Agreement„either paafw navy give notice to the
other that It desires to after into negotiations for a renewod franchise ttpon such and conditions 2s;
may be agmd upon.Until such renewal lms been settled,tiro tt x u and conditions af6k AZmmc tt 5WI
continue.rtutwithstattdipg,the expirntion ofthis Ageement,Nothing herein stds3A preclude ertha parts+
from applying to the Ontario Energy Board fora renewal of the Agr=nent pt>zs"Wntto section to of the
Municipal Franchises Act.
Itt Conditions
t. Approval ofConAtuction.
Befort;beginning,construction of or any extension or change to the gas system(t=,-er't service laterals
which do not Interfere with municipal worim in the highway),the Gas Company Am:l file with the
Engineer/Road Superintendent a plan,satisfactory to the Engineer/Road Super riamd9 t.drawn to scale and
of tillff 4`i�tll d4 l considering the complexity of the specific location,showing t�lsighwa. in which it
proposes to lay its gas system and the particular parts thereof it proposes to occ»z _Goodezic infomwtion
will not be required except in complex urban irate;sections in order to facilitate lcromm projects,being
projects which are reasonably anticipated by tiho Engineer/Road SuperintendcaL T=Engineer.Road
Suint-Intendent may require sections of the gas system to be laid at a greater dcp&tl-=required by
CAN/CSA ZI 84-M92 to facilitate known projects.The location of the work as sho-4m on the said plan
must be approved by the Engineer/Road Superintendent before the commeno==111 cif the a*ork and the
timing,terms and conditions relating to the installation of such works shall be tc hz satisfaction.
Notwithstanding the provisions of the above noted paragraph,in the event it is F Upctsed to affix a part of
the gas system to a bridge,viaduct or:stmeture,the Engineer/Road Superintendem fay,if the
Engineer/Road Superintendent approves of such location,require special condi6ow or a separate
agreement.
No excavation,opening or work which shall disturb or interfj ere with the stufac= o:me traVelled pomon of
any highway shall be made or done unless a permit therefor has first been obtain=^rorrt the Engineer/Road
Superintendent and all works shall be done to his satisfaction.
'The ri-.hu given and gnutted for a first agrocment shaft be for a term of 20 yaars.IU riStm given and Vz==d rr--+Y sfiswucnt rncc:scrtt
shill tie for r term or not more than 15 years,unless both pardcs agmx to extend the tam to a term 0f20 Ycw--tr--T irtunt
2
S.0 ALWEGGOV+FRANCH\iENEWALSWGTCLAR.SAM
rm , -7
The Eagineer/Rond Saperintenrdent's approval,where required throughout this section,shat' not be withheld
unreasonably.
2. Aa Bt:It Drawings,
The Gas Company shall not d=viate from the app<ovrco location for any part of the gas sys=,m unle;;s the
prior gproval of the Engine r/Road Super$ikrKiCtt'Io do so is received.After completive? :+rth@
construction,where plans wen--initially filed,an'as-muilt"plan of equal quality to the pre-construction plan
or certification that the pre-camstruction plan is"as imuilt"wit I be filed with the Engineer/Road
Superintendent.
3. Emerg=cies.
In the event of an emergency imvolving the gas sys=sn,the Gas Company will proceed with the work and in
any iostancc where prior apprmval of the Engineesr Rwad Superintendent is normally rcgairc3,shall use its
best cftrts to immedleftly nedify the EngineedRas¢:Superintendent of the location and nam n of the
a• av:ncy and the work beittig doneaad,if it deems.;appropriate,notify the police force having jurisdiction.
4. Restocation.
The Gas Company shall wellland sufficiently
Kcauxc-,to the reasonable satisfaction oftbe loginew/Rvad
SupariutendeM,all hi&hvmys4,w=icipal works or im*movements which it may eaceawate ariimmafem with in
the course of layin&corat uc ft,repairing or rte mAq its gas system,and shall malaegood any scaling or
ice thereaft oauseftysach o==vation oridamrferenoe.Ifthe On Company farlsatt MAY time to do
any wak repaired by this pomajMh within a ceacm aible period of time,the Corporation many do or cam.
sucb wok to be done and thwOu Company shall,= dcmand,pay any reasonable accoaaw1he efor as
cer�by the EngineedRo di Svperin�t
5. tndenwnificution.
The Gas Company shall,at aill times;indemnify aed::_save harmless the Corporation from amd against all
claim.,including costs relate thereto,for all des or injuries inchding death to any peason or persons
and far damage to any property,arising out of the Company operating,constructing,atnd maintaining
its ps system in the Municipmlity,or utiliang its'I,—_7 system for the carriage of gas owned by others.
Prow:dcd that the Gas Company shall not be r=uir to indemnify or save harmless the Corporation from
avd &=inst claims,including:costs related thererm -%meh it may incur by reason of damrag=or injuries
incincing death to any persom or persons and for dm=uigc to any property,resulting from d=ncgligerwA or
v4 ful act of the Corporadion,its servants,sperms,or employees.
6. Atterr.ative Easement.
The Corporation agrees,in flue event of the prc, sale or closing of any highway or any pet of a
high-my where there is a gas line in existence,to ns the Gas Company reasonable notice of such proposes
sale cr. closing and to pravidc,if it is feasible, tie s Company with easements ovrx drat part of the
M gh gray proposod to be sold or closed sufficicm to:allow the Gas Company to preserve arm part of the gas
s}sire in its then existing lotzation.to the evert th--such easements cannot be providad.dw Corporation
rill`.°,arc,as provided in clatuse llt,7 of this -k;re_.---Went,in the cost of relocating or aherint;the gas Systetn
,o fi�—litate continuity of gaff service.
r
S:kLEC�`,92G:�?OV1FRANCMAENEWAtSWGTCt AR.SAM
7. Pipeline Relocat4ion.
If in the coarse of,construvting,rownstntcting,changing,altering or Improving any highway or any
municipal works,the Corporation deems that it is necessary to tIRM up,remove or change the location of
any part of the has system,the Gas Company.shall,upon notice tm do so,remove and/or Trrlocate within a
reasonable perked of time such pact ofthe gas system to a locaticm approved by the Engimeer/Road
Superintendent.
Where any part ofthe gas system relocated in accordance with this section is located on x bridge,viaduct or
stm=e,the Ga:s Company shall alter or relocate,at its sole expense,such part of the gaw.system.
Where any part ofthe gas system relocated in accordance with tfits section is located odner than on a bridge,
viaduct or st uc2ure,the costs of relocation shall be shared between the Corporation and-3he Gas Company
on the basis ofthe total relocation costs,exclmdiing the value of awry upV ading ofthe gas.3ystetn,and
deducting any contribution paid to the(in Company by others im respect:to such mlo n;and for these
purposes,the tortnl relocation coats shall be the aggregate ofthe bellowing:
(a) the armourit paid to Gas Company employees up to and iinoluding field supwdswtz for the hours
worked 4Dn the project plus the cutrsmt cost of fringe bernefits for these employers,
(b) the an ewit paid for rental equipmen tmhile in use on ft1project and an amouMadmrged at the ttrtit
rate,fir Gas Company equipment v&-h in use on the p jest,
(c) the ammtptt paid by the Gas Company to contractors far,wvork related to the pm*cr,
(d) the cost to the Gas Company for matMar als used in connection with the project,acrid
(e) a riu=nable amount for project Sngi Decring and proje=adminisftdve costs whitish shall be 22.5%
of theaggregate ofthe amounts determined in items(a),.(b),(o)and(d)above_
The total islocadon costs as calculated above shall be paid 35%*�5y the Corporation anc i-;S%by the Gas
Company.
S. Notice to Drah=ge Superintendent.
In a case where the gas system may affect a mumicipal drain,the vas Company shall file: with the Drainage
Superintendent. for purposes ofthe Drainage Act,or other persmn responsible for the a sin,a copy ofthe
p13n required to be filed with the Enginean%csad Superintcndrnt
IV Procedural Amd Other Matters
1. Municipal$y--?.aws of General Application_
This Agreemem,and the respective rights and obligations hereumm ofthe parties hereto are hereby declared
to be subject to the provisions of all regulating statutes and all rmunicipal by-laws of geme—ral application and
to all orders aru3 regulations made thereunder from time to time -remaining in effect save and except by-laws
which impose;^rrmit fees and by-laws which have the effect of amending this Agroeme!rr-
2.
G iAng Nodee.
Notices may ba given by delivery or by mail, and if mailed,by prrepaid registered post To The Gas Company
ss its head offiw.c or to the Clerk ofthe Corporation at its munieimai offices,as die case may be.
4
S:\LF GAL\SZ—GGOV`FRA,,%4GMR ENEW ALS\AGTCLAR.SAM
3. Dispusitiun of Ctrs System_
During the tram of this Agreement,if the Gas Company:c-.euions a part of its gas system aft.� to a
bridge,viaduct or structure,the Gas Company shaft,at`.c sate expense,remove that part of its ipm system
affixed to the bridge,viaduct or structure.
If at any time the Gas Comparry abandons any other parr cr-ms gas system,it shall deactivate d=z--part of Its
gas system in the Municipality.hereafter,the Gas Cornet-shall have the right;6 nothing zrein
contained shall require it to remove its gas system.tf 6o Comas Company fails to remove ids gas s-vstem and
the Corporation requires the removal of all or any of the fls:aystem for the purpose of a}Lering wr improving
a highway or In ordcr to facilitate the construction of ut! mr other works in any highway,the-.2rpocation
may remove and dispose of so much of the deactivated:a sbvseem as the Corporation may-equilr,e for such
purpose and neither party shall have recourse agai=6c ewer for any loss,cost,expense or a�urtage
occasioned thereby.
4. Agreement Binding Parties.
This A6wement shall extend to,benefit and bind the psacz:ihercw,their successors and asdom,
respecdvely.
IN WITNESS WHEREOF the parties hereto have dicer dune presents with efbxt Iirsm1ha date
first above written.
THE CORPOR4TIE>W OF THE
MUNICIPALITY CW'C—LARINGTON
Mayor
Clerk
THE CONSUM ERS LAS COMPANY LTD,
5
S:\LEGAL`F'--GGO\AFRANC"ENEWALS\AGTCLA,R.SAM
( 10/02/98 15:27 $905 666 6159 CONSUMERS GAS Q001
ATTACHMENT "B"
Consumers G(
September 29, 1998 RECEIVED Sao Eloln Mills Road East
Richmond Hill.Ontario L4C SG
OCT 0 1998
y. .
The Corporation of the Municipality of Clarington
40 Temperance Street
BOwnlanville, Ontario
L1C 3A6
Attention: Mr. Ton Cannella, Mana er of Engineering
Dear Mr, Cannella:
Re.: The Consumers'Gas Campany Ltd, .Franchise Agrealment Renewal
MUnlC pality of IClarington
1 am sending this not as a follow•up to our telephone convematia m last Friday.
y
As discussed, all renewed frandhise agreements will follow the nTa3del Franchise
Agreement which was approved by the Ontario Energy Board In TWBT To date, the
Town of Whitby Is the only Durham Rion municipality with the mcodel Franchise
Agreement in place. I have attached a copy of their agreement wt=, 'h was executed on
January 16, 1989,
I would like to emphasize how important the timely execution Of this-Resolution is f
renewal of the Franchise Agreement, The Ontario Energy Board CMEB°) has issued
the
two Interim Orders extending the expiry date of the current Franchisse Agreement. As
you know, the expiry date is now December 13, 1998,
Consumers Gas would like to proceed with the Application as soon �as possible, but are
unable to do so until such time that we receive the executed Resokrton from your
Office. The OEB is very busy at the present time and in order for us- to avoid havin g to
request an additional Interim Order to extend the expiry date further. we would askthat
You provide us with the executed Resolution as soon as possible.
14+016,Richawl Nils end r'+Gmhi(l:
(M)884.9105 Aurora,Bradford,K"Wck and Newmarket
(905)895 4571 He�svnrmn Goodwood Jeekson's Pc4n KleirQurg
biw=rnam,Nobiemn,r=Bohur,
Slourfville.
Suzy"orhna,Uzbr'dge end Woodbr(dge
T-41,7.981-0621
10/02/98 15:28 $905 666 6159 CONSUMERS GAS 0 002
e
would be pleased to attend a Council meeting. If I can be of any assistance, feel free
to contact me directly at (905) 883-3316.
Yours truly,
C
Cindy Graham, R Eng.
Manager, Distribution Operations,
Central Region, North
CGJdem
cc: Steve Vokes, Director of Public Works
Patti Barrie, Cierk�rr-
bec: L. Chiotti
R. Drysdale�r
J. Clark
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
ADMINISTRATION COMMITTEE
Meeting; GENERAL PURPOSE AND A File#
MONDAY, NOVEMBER 16, 1998
Date: Res.#
TR-84-98'
Report#: File M By-Law##
COMMUNITY SERVICES RECREATION SOFTWARE
Subject:`
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT report TR-84-98 be received;
2. THAT Purchas�ng By-law ; #94-129, Section 5, Paragraph 5.Qgo be
waived for this t'anspcctioon
:.
3 THAT stafX-i �e -M zed �'toa ,'commence ;-ne ones � iith ` om
Software' Serve ads �t,td > for'- ahe ;purchase,pl: ited�e tion 'Softwa as
required' by ebinmunity Services Department) >� �,
4. THAT pending successful negotiations, staff be authorized to awmrd
the contract for Recreation Software to Escom Software Services;
and
5. THAT the attached BY-LAW Marked Schedule "A" authorizing the *,mayor
and Clerk to execute the necessary agreement be approved.
BACKGROUND AND COMMWT
Currently, the Municipality of Clarington, has several computer and
paper-based systems in place to handle the booking, registration_ and
membership management needs. These labour intensive systems no longer
meet the needs of the Municipality in order to efficiently manage the
volume of registrations, facility bookings, and inquiries received
through the Community,Services Department.
Capabilities in a new Recreation Software program would include; program
registration, facility booking, touch-tone registration, information
management, financial management, membership services, point of -;ale,
and scheduling. It is intended that these modules would be purchased as
funds are made available though the annual budget process. Them is
currently approximately $35, 000.00 allocated for the purchase, of
recreation software in the 1998 and previous Capital Budget.
REPORT NO. : TR-84-98 PAGE 2
Throughout the past few months, the Recreation Department, in
conjunction with the City of Oshawa, and the Town of Whitby, have been
investigating recreation software options available on the market place.
Since that time the Town of Whitby has entered into a contract with
Escon Software Services for the purchase of their software program. The
City of Oshawa is still reviewing their overall organization
requirements and will be issuing a formal Request for Proposal within
the next few weeks.
It is uncertain at this point in time whether an alternative viable
solution exists on the market place. In 1997 the City of Mississauga,
issued a Request for Proposal with only two firms responding and Escon
Software Services being the successful bidder. Currently Escom Software
Services has approximately 45 Ontario Municipalities using their
Recreation Software program.
Based on. the .:'experiece. of� the_;City of •Missirssauga;� and {the numerous� F
other Ontario MunicipaTlties, it. is recommended;ghat ithe""requirement for�K,
tendering, Purchasing ?By law ' #94-129, 'Secti.on `5;. :.Paragraph 5.06, '`be
waived for this transaction, and that staff be 'l authorized to enter into
negotiations with Escom Software Services for the purchase of the
required recreation software. It is anticipated that the initial
implementation will cost approximately $30,000.00. If the final
negotiated cost exceeds this amount, a report and recommendations will
be presented to Council for approval. The Community Services Department
has spent considerable time investigating the product and in
consideration of the difficulty experienced with the current system for
registration, the new product must be ordered at this point in order to
be in place for early 1999 registrations.
Respectfully submitted, Reviewed by,
Ii
Narfc Z'ayla
r. M—aZi�i6/Ma2rano, H.BSc. , AMCT. ,
D Treasure hief Administrative Officer
7
s ph Ca_uana
rector :f Community Services
MM< 3*jt
Attach. (1
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW #98-
Being a ;By-law to authorize: a contract between the
Corporation of the Municipality of Clarington and
Escom Software Services Ltd. for the Community
Services Recreation Software Program.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington with
the Corporation Seal, a Contract between Escom Software Services
Ltd. and Said Corporation; and
2. THAT this agreement attached hereto as Schedule "B" form part of
this By-law.
By-law read a first and second time this day of November,
1998. 63
By-law read a third time and finally passed this day of November,
1998.'`
Mayor
Clerk
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
File #:
Date: November 16 1998
Res.#:
Report#: TR-85-98 File#:
By-Law#:
Subject:
CASH ACTIVITY REPORT=SEPTEMBER 1998
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee T ';
recommend to Council the following:
it :• :' 4
Tx z ?' u1`fit s ,tt ¢ s• W
1.' THAT ReporfTR-85-98 be received, ,s,,'i. 4 _taw x
2. THAT, in accordance with provision of:Chapter M-45,.Section 79 (1)of the
Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the
Municipality of Clarington for the month ended September 30, 1998, is as
shown on the attached schedule; and
3. THAT Part"A" of the expenditures for the month of September 1998, be
confirmed.
BACKGROUND AND COMMENT:
The attached schedules indicate the Corporation of the Municipality of Clarington's cash
transactions, status of taxes'receivable information, the cash investment position,
development charges information and statistical information for the month ended September
30, 1998 and the comparative information for the month ended September 30, 1997.
Respectfully submitted, Review by:
ancy Taylov ne Marano, H.BSc.,AMCT,
Deputy Treasurer. Acting Chief Administrative Officer.
MM/NT/hjI
Attachments
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A"
Analysis of Revenue and Expenditures
for the Month of SEPTEMBER 1998
SEPTEMBER SEPTEMBER
1998 1997
REVENUE RECEIVED FOR GENERAL OPERATING
AND RESERVE FUND PURPOSES:
TAX PAYMENTS RECEIVED ** 803,185 8,002,335
MUNICIPAL SUPPORT GRANT 171,354
PAYMENTS-IN-LIEU:
GOVT OF CANADA PIL
MUNICIPAL TAX ASSISTANCE PIL
ONTARIO HYDRO PIL
CHEC HYDRO PIL
MEMORIAL HOSPITAL PIL
BELL TELEPHONE PIL
LCBO PIL
REGION PIL
ONTARIO HYDRO PROCEEDS
COURTICE COMMUNITY CENTRE FUNDRAISING
COIW INFRASTRUCTURE GRANT
NATURAL RESOURCES-PITS&QUARRIES
SALE OF LAND
SUBSIDIES:
HANDI-TRANSIT 17,033
DEVELOPMENT CHARGES-TOWN X A �` ''832 430 ,497
GENERAL u }
4'068 731,372
INTEREST 141,734
DEVELOPMENT CHARGES-REGION/PUC
,�.� 244,762
9,739,087
3
USE OF FUNDS:
PAYROLL 761,448 679,855
REGION LEVY 0 2,976,466
SCHOOL BOARD LEVIES 953,849 8,881,697
GENERAL-INCLUDING CAPITAL EXP. 2,466,803 2,908,583
,4,182,100 15,446,601
NET CASH PROVIDED(USED) (1,737,535) (5,707,514)
BANK NET CASH BANK BANK
BALANCE PROVIDED BALANCE BALANCE
FINANCIAL POSITION: AUGUST 31/9 (USED) SEPT.30/98 SEPT.30/97
GENERAL FUND 2,522,298 3,179,078 5,701,376 1,811,032
RESERVE FUND 1,912,382 (736,610) 1,175,772 2,978,825
MUNICIPAL POOLED INVESTMENTS 33,340 3,676 37,017 26,746
INVESTMENTS(GENERAL+RESERVE FUND) 39,864,147 (4,183,679) 35,680,468 44,985,690
TOTALS 44,332,168 (1,737,535) 42,594,633 49,802,293
NOTE A: Difference in comparison between years due to timing difference in receipt of funds.
NOTE B: No longer receive the Municipal Support Grant.
September Tax Installment Deferred to October 1998.
n i 7
PART "B"
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PART "C"
STATISTICAL INFORMATION
FOR THE MONTH OF SEPTEMBER 1998
Tax Certificates 161
Number of Properties eligible for Tax
Registration (see Note 1) 34
Accounts Payable Cheques Issued
#25078 to #25500 and #25582 to #25616 458
Number of Births Registered 33
Number of Deaths Registered 33
Note 1: Only includes those properties whose arrears are greater than $10,000.
This is estimated for the month of September to implementation of new
tax software.
Note 2: Change in number sequence of Accounts Payable Cheques due to
Supplier printing problems.
nin
INVESTMENTS OUTSTANDING ! PART"D"
AS AT SEPTEMBER 30,1998
FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY
INSTITUTION COST RATE O/S VALUE DATE
GENERAL FUND MTL 2,982,300.00 5.70% 38 3,000,000.00 Oct.26/98
MTL 1,491,150.00 5.70% 38 1,500,000.00 Oct.26/98
ITOTAL GENERAL FUND 4,473,450.00
RESERVE FUND RBC` 34,731.25 7.20% 1,740 48,337.00 Aug 8/00
RBC 1,001,705.00 6.80% 1828 1,392,611.00 Mar 15/01
RBC 820,799.37 7.16% 1358 1,061,287.00 July 6/99
RBC' 250,000.00 8.00% 184 350,000.00 Mar 1/00
RBC 61,000.00 9.00% 1460 82,960.00 May 1/99
RBC 999,999.48 7.70% 1718 1,417,032.00 Feb 6/00
RBC ` 295,000.00 `8.50% 3285 295,000.00 May 26104
RBC 601,120.00 7.95% 1366 800,000.00 Feb 20/99
WOOD GUND 435,075.29 5.20% 777 484,272.00 Aug 18/00
RBC 2,063,810.92 7.95% 1688 2,937,391.00 Jan 13100
RBC 514,000.00 7.75% 1825 514,000.00 June 8/00
RBC 234,787.20 7.30% 837 296,000.00 Nov 14/98
RBC 862,564.39 7.43% 1316 1,117,022.00 March 8/99
RBC 999,999.65 8.20% 1825 1,482,799.00 Aug 8/00
RBC 620,220.69 5.15% 1007 711,752.00 Apr 5/01
RBC 475,000.00 8.58% 2761 475,000.00 Mar 17/03
RBC 999,999.76 6.20% 1,252 1,229,256.00 July 6/99
RBC 138,709.23 6.25% 1,637 182,057.00 Aug 1/00
RBC 99,999.64 7.10% 1,906 143,061.00 May 14/01
WOOD GUND 250,000.00 5.00% 2556 250,000.00 June 21/05
RBC 40,397.70 7.20% 1578 54,562.00 Aug 8/00
RBC 299,628.50 5.30% 1396 365,000.00 Sept 1/00
RBC 180,862.43 5.63% 1549 228,160.00 Feb 1/01
RBC 573,533.32 4.01% 724 619,969.00 Nov 14/98
RBC 933,400.00 5.20% 1827 1,202,670.00 Nov 12/02
RBC 1,568,561.00 4.75% 350 1,640,000.00 Mar 4/99
WOOD GUND 500,000.00 5.22% 365 526,100.00 Apr 16/99
I I _J
INVESTMENTS OUTSTANDING PART"D"
AS AT SEPTEMBER 30, 1998
FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY
INSTITUTION COST RATE O/S VALUE DATE
RESERVE FUND RBC 58,479.40 5.95% 2032 80,639.00 Dec 15/02
RBC 25,125.57 5.95% 2025 34,613.00 Dec 15/02
RBC' 250,000.00 4.75% 1839 250,000.00 June 21/03
RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01
RBC 250,000.00 5.25% 180 250,000.00 June 21/04
RBC 1,109,499.87 4.75% 817 1,230,317.00 Mar 1/00
RBC 1,109,500.90 5.05% 1213 1,307,911.00 Apr 1/01
WOOD GUND 869,000.00 5.06% 271 938,520.00 Nov 1/98
HONG KONG 2,162,738.67 5.30% 90 2,191,316.45 Nov 9/98
RBC 20,558.85 5.20% 1310 24,645.00 Jan 9/02
WOOD GUND 402,102.80 4.82% 608 434,678.00 Dec 1/99
WOOD GUND 171,793.70 4.82% 608 185,691.00 Dec 1/99
WOOD GUND 1,627,643.46 4.72% 333 1,696,876.00 Mar 1/99
WOOD GUND 528,412.46 5.34°x6 788 590,807.00 Aug 8/00
RBC 324,159.58 5.08% 592 350,974.00 Jan 31/00
RBC 898,314.97 5.00% 919 1,037,435.00 Mar.8/01
RBC 2,160,071.68 5.70% 970 2,503,270.00 May 1101
RBC 1,233,830.84 5.95% 1002 1,445,952.00 Jun 2/01
RBC 649,589.48 5.95% 1185 783,582.00 Dec 2/01
MTL 1,073,666.90 5.03% 178 1,100,000.00 Nov 19/98
TOTAL RESERVE FUND 31,207,018.95
TOTAL INVESTMENTS 35,680,468.95
Bond investment. Interest paid on a semi-annual/annual basis
li � �
DN:CASHPTE
PART"E"
September,1998
Development Charges
T6,011 Town Region C.H.E.C.�
1220582 Ontario Ltd. 97,658.40 97,658.40
L.30,C2,Darlington
40M 1902
B/P#98.0287.297,402-405,
B/P#98.0627 664-667
1000690 Ont.Inc.(Liza Homes) P33;658,00 133,658.00
L.30,C.2,Darlington
40M1902
B/P#98.0287-291,402-405,
B/P#98.0627 664-667
Andelwood Homes 24,8fi8 00 10,262.00 14,616.00
L.32,C.3,Darlington
40M1893
B/P#98.0712 716
W.E.Roth 51131 00 5,131.00
L.31,C2,Darlington
40Mi 928
B/P#98.0687
Kaidin Homes 51,310.00 70,448.00
L.17,C 1,Darlington
40M1907
B/P#98.0584,695,715,726-728, z Ey
B/P#98.0734.737 757 M
Ridge Pine Parkt) Qtl 615.00 -Lot 103
BKC Darlington
B/P#98.0788
Robinson Ridge Dev. X4;878 00'! 10,262.00 14,616.00
L.34,C.1,Darlington
40M1931
B/P#98.0648 649
Kaidin Homes 23,562A0 10,262.00 13,300.00
L.15,C.1,Darlington
40Mi816
B/P#98.0680-681
Kaidin Homes 36,404.04 14,480.04 21,924.00
L.17,C.1,Darlington
40M1904
B/P#98.0729-730 755
Halminen Homes 36,572.761 14,648.76 21,924.00
L:30,C.2,Darlington
40M1902
B/P#98.0707,709-710
Baywood Homes 7,511113 203.13 7,308.00
L.12,C.2,Bowmanville
40M1852
B/P#98.0739
NuBuild Construction 1;643.00' 1,643.00
(David B.Thomas)
L,19,C:8,Darlington
40M 1826
B/P#98.0769
Eiram Dev.Corp. 58;464.00" 58,464.00
L.10,C.3,Bowmanville
40M1776
B/P#98.0769
TOTALS 572 733.33 214,832.33 357,901.00 0.00
U ) 7
DN:CASHPTE
PART"E"
September, 1998
CONTRIBUTIONS-CASH-IN-LIEU OF PARKLAND
Storage Depot Inc. 7,304.00
P.Lot 31,C.1,Darlington
DEV97-017
A.Warbutton 908.58
LD150/98
Total Cash-in-Lieu of Parkland 8,212.58
CONTRIBUTIONS-ENGINEERING AND INSPECTION FEES
Green-Martin Holdings 9,076.60
Pt.Lot 17,C.1,Darlington
18T-88047
Marianna Developments 934.58
Scugog Street Subdivision
I BT-88051
Royal Bank of Canada 11,214.95
Ashdale Capital Corp.
Front Ending Agreement-Bradshaw Street Urban
Oversizing Work az Storm Sewer Oversizing Work
18T-89013 az 18T88024
Total Engineering and Inspection Fees Contributions 21,226.13
CONTRIBUTIONS-ROADS
H.Wurmitzer 500.00
LD002/98
Mardave Construction 91,220.00
Reconstruction of Hwy#2/Green Rd/Uptown Ave.
Liquidated damages
Total Roads Contributions 91,720.00
823
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ! File#
Hate: NOVEMBER 16, 1998 Res.#
Report#: By-Law#
� --F�E3=1; File#:- 1-8:12.6
Subject: MONTHLY FIRE REPORT'- OCTOBER, 1998
Recommendations:
It is respectfully recommended that the General. Purpose and Administration
Committee,recommend to Council the following: ,
THAT Report FD-1 5-98 be received for Information.
1. BACKGROUND
1.1 Our report covers the month of October, 1998. It is our intent to 'provide
Committee with information relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to 150 calls in October and recorded total fire loss at
$182,300-00. A breakdown of the calls responded to follows.
Continued.....
.-rte n n t
FD-15-98 - 2 -
MONTH YEAR MONTH YEAR
ENDING TO ENDING TO
CLASSIFICATION OCT./98 DANE OCT./97 DATE
1998 1997
PROPERTY FIRES
(Includes structure,chimney,vehicle, miscellaneous 21 222 13 254
e.g,furniture,clothing, etc.)
UNAUTHORIZED BURNING 8 84 11 90
(Burning complaints)
FALSE FIRE CALLS
(Includes alarm activations-accidental/malicious, 19 243 10 253
human-perceived emergencies/check calls e.g.
investigate unknown odour)
PUBLIC HAZARD CALLS
(Includes propane/natural gas leaks,fuel/chemical 14 164 17 137
spills, power lines down/arcing,C.O. leaks,etc.)
RESCUE CALLS
(Includes vehicle extrication/accidents, 30 252 29 254
commercial/industrial accidents, home/residential
accidents, water/ice rescue)
MEDICAL ASSIST CALLS
(Includes assist to ambulance personnel with 53 516 59 514
respiratory and resuscitation emergencies)
MISCELLANEOUS CALLS
(Includes assist to other agencies, other public 5 70 8 91
service, etc.)
TOTAL CALLS 150 1,551 1 147 1 1,593
TOTAL FIRE LOSS $182,300 $819, 600 $54,150 $1,502,804
NUMBER OF ALARMS BY STATION
ST. #1 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL
71 20 14 39 6 150
Continued....
902
FD-15-98 - 3 -
2. RECOMMENDATIONS
2.1 It is respectfully recommended that report FD-15-98 be received for information.
Respectfully submitted, Reviewed by
Michael G. Creig M on, AMCT(A), CMM11 MWkMarano,
Fire Chief. Acting Chief Administrative Officer
/sr
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
XMIN"WR R WIM A MOPAXW WW X
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Fite#
Date: NOVEMBER 16, 1998
Res.
By-Law#
Report#:— H11���( IEi'6f'tom 50-98
Subject: STATUS OF"THE MAST ROAD
Recommendations:
It is 'respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I. THAT Addendum to Report WD-50-98 be received for information;and
2. THAT Mrs.Joan Anderson and Mr. Stapleton be provided with a copy of Addendum to
Report WD-50-98.
REPORT
1.0 ATTACHMENTS
No. l: Report WD-50-98
2.0 BACKGROUND
Report WD-50-98 was submitted to Council for consideration at its meeting of October 5,
1998. Mrs.: Joan Anderson made a delegation to Council regarding Report WD-50-98
wherein she requested answers to certain questions regarding information presented in
the report.
Council passed Resolution C-756-98 as follows:
"THAT Joan Anderson be acknowledged;
REPORT NO.: ADDENDUM TO REPORT WD-50-98 PAGE 2
THAT her comments be referred to staff for the preparation of a report addressing her
specific questions, to be submitted to the General Purpose and Administration
Committee; and
THAT Joan Anderson be advised of Council's decision."
3.0 REVIEW AND COMMENT
3.1 Further to Council's direction, staff reviewed the written submission of Mrs. Anderson's
delegation and identified the various questions relative to Report WD-50-98.
3.1.1 In this report, only the September 4rh 1998 Stapleton letter was mentioned. In Resolution
C-677-98 our delegation was not even recognized. Our fact-filled presentation was well
worthy of your scrutiny and yet omitted. There was also no recognition.of the petition ;a
r 5
brought to Council. In_a democracy,:which Canada is, it is,essential to look at both sides t
before coming to a conclusion. This very basic step has been omitted. Whys
Council, at its meeting of September 14, 1998,passed Resolution C-677-98, as follows:
`THAT the correspondence dated September 4, 1998 from Mr. And Mrs.
Stapleton regarding the travelled road between Lots 11 and 12,
Concession 8, former Township of Clarke known as the"Mast Road", be
received;
THAT the correspondence be referred to the Director of Public Works for
preparation of a report, including the legal opinion previously received on
this matter, to be submitted to the General Purpose and Administration
Committee; and,
THAT Mr. and Mrs. Stapleton and Joan,Anderson be advised of Council's
decision"
X102
REPORT NO.: ADDENDUM TO REPORT WD-50-98 PAGE 3
Report WD-50-98, Section 2.0 Background,refers to both the correspondence from Mr.
Stapleton and the delegation of Joan Anderson to Council as the background information
for this report.
The Public Works Department prepared Report WD-50-98,based on the legal opinion of
the Municipality's Solicitor,Mr. Hefferon,that the"Mast Road"is private property. In
Mr. Hefferon's letter of opinion on file in the Public Works Department,the facts
supporting his opinion are detailed and the applicable case law is stated. The file and
presentation including the petition submitted were thoroughly reviewed during
preparation of the report.
3.1.2 This item has been summarized from Mrs.Anderson's presentation to Council:
Mrs.Anderson'stated in her delegation that Bill Stapleton claimed he had performed
maintenance on the road at considerable. when;4n fact-B rland,Elliottthad,,�,=
maintained the`road.up until.his heart attack in.February,?1997 ,At`'that time,Mr. °.
Stapleton began to maintain the road with equipment given to him by Mr.Elliott and now,
he plans to charge an hourly rate for use of the equipment. Mrs.Anderson further
detailed the ongoing maintenance performed by the Municipality including by-law
enforcement issues and owner status of the road based on previous reports and GPA
minutes where this road was considered a municipal road, and therefore public.I The
question is, "On what basis does Mr. Hefferon consider this to be a private road when
the Municipality clearly has demonstrated ownership"!?
History of the Maintenance of Mast Road:
Until the early 1j970's the Municipality of Clarington provided no maintenance to the
Mast Road. Mr. Elliott built a house approximately 400 feet north of Concession Road 7
in 1971. Unauthorized maintenance was performed on the 400 feet of Mast Road to Mr.
Elliott's entrance from approximately 1973 to 1985. Based on the information available
at that time, the Public Works Department considered the Mast Road to be an
unimproved road similar to a forced road.: Recommendations to Council in reports prior
,,
REPORT NO.: ADDENDUM TO REPORT WD-50-98 PAGE 4
to 1985, regarding issues raised by residents on Mast Road, were based on the
assumption that Mast Road was an"unimproved"municipal road.
There were two documented by-law issues which residents requested By-law
enforcement to resolve. Again,based on the assumption that this was an unimproved
road, the Municipality addressed the by-law issues.
In 1985 Mr. Elliott applied for an entrance permit and a building permit to construct a
house north of the house built in the early 1970's. Since approvals for entrance and a
building permit were subject to the applicable zoning and entrance policies and by-laws,
ownership of the Mast Road was crucial to determine if approvals would be granted.
Mr.David Sims, Solicitor,was requested,on behalf of the Municipality,to provide a
legal opinion as to whether Mr.Elliott was entitled to a building permit based on
?4� r
compliance with the zoning and entrance policies and by laws. Mr Sims opinion,in,-,,
k
summaq,`states:
"Your former Deputy Director of Public Works for a short period
of time treated the land as a public road and public funds were
expended upon it. However, it appears abundantly clear that from
the correspondence and the acknowledgement from the abutting
owners that there was never any intention by the property owners
to dedicate the property to the Municipality as a public road.
Accordingly, it is my opinion that the 33 foot strip of land in
question, never became a municipal road and the Municipality has
no further obligations with respect to its maintenance or upkeep".
The Municipality ceased all maintenance operations based on this opinion. Mr. Elliott
was granted an entrance permit and a building permit based on registration of a perpetual
right-of-way. From 1985,private property owners have performed maintenance.
1 ? (1 d
REPORT NO.: ADDENDUM TO REPORT WD-50-98 PAGE 5
Once again,in 1995,the issue of whether Mast Road was a Public Highway and whether
the Municipality had jurisdiction over it was raised by Mr. and Mrs. Stapleton. The
Municipality's solicitor,Mr.Hefferon,was retained to determine if, in fact, the Mast Road
was a public highway. Mr. Hefferon's opinion is stated in Report WD-50-98, Section 3.0
- Status of the Mast Road: Both solicitors,Mr. Hefferon and Mr. Sims,concluded that the
property known as the Mast Road is privately owned. Staff,based on the professional
opinions of Mr.Hefferon and Mr. Sims,that Mast Road is private property,prepared
Report WD-50-98, and respectfully submitted that information to Council.
3.1.3 Why does Common Law not prevail in this case over only one lawyers opinion?
According to both English and Canadian Law, if a road has been used on a consistent
basis by the public over a period of seven years or more, then the public has the right to
use this road whomever owns it—public or private -This road has been used many more . .
j
years.}than seven, by the public consistently We feol very s rongly'that the Municipals
},
overnment should act in avour o the Common;Gooc a bathe Public. Malang thrs roadyx
f f R Yx N
"Public Access"would full that. Your report was erroneous in stating that we were
concerned with the road ownership, we stated clearly the issue was public access to the
Ganaraska not ownership of the Mast Road.
Firstly,based on the opinions of both Solicitors,this is private property over which the
Municipality has no jurisdiction.
Secondly, it is recognized that the"Public"has used this road to access the Ganaraska.
However, as stated in Mr.Hefferon's letter of opinion,"whether the public through long
use have obtained an easement to make use of portions of the travelled road is a legal
issue which should be left to the private property owners concerned, to resolve, if
necessary,by litigation".
3.1.4 Items #2-1 and#3 states that this road is in Lots 11 and 12. It is apparent from this, that
the Municipality of Clarington does not accept the most recent surveys Plan IOR-3368 in
1989 and Plan IOR-3923 in 1991. Why?
REPORT NO.: ADDENDUM TO REPORT WD-50-98 PAGE 6
The Municipality does accept the most recent surveys. The Mast Road is in Lot 12,
Concession 8, former Township of Clarke.
3.1.5 This road has been recognized by the public as a public road as long as it has existed.
When Mr. Hefferon was compiling his opinion what other landowners on this road were
consulted besides Bill Stapleton, as he was the newest resident on this road having been
there only four years? Harland built there in 1971 before being employed by the
Municipality. Jim and Laura Savage bought from Jack Stapleton in 1985, and Nellie
Martin purchased her home in 1989. Were these people consulted? Why not?
Mr. Stapleton raised the issue of the status of Mast Road in 1995. No other property
owners were consulted because no other property owner questioned the status of the Mast
Road. There was no legal obligation to contact abutting property owners in order to
address thus single resident's inquiry.
4
�4r l�
Mrs.Joan Anderson is not an abutting property owner.
3.1.6 When the road in question was in existence and used by the public for 15 years before the
Crown even granted the adjoining lots, how can it not be a public road?
Mr. Hefferon's opinion that Mast Road is not a public highway and that it is privately
owned is supported by facts in his letter of opinion dated March 8, 1995.
4.0 CONCLUSION
The Mast Road is located on private property and the Municipality has no jurisdiction or
responsibility for its maintenance or upkeep.
If, through continued use, the public feel they have a prescriptive right to use Mast Road
to access the Ganaraska Forest, this is a matter to be settled between the property owners
and the users, possibly by litigation.
1 106
REPORT NO.: ADDENDUM TO REPORT WD-50-98 PAGE 7
Respectfully submitted, Reviewed by,
Stephen A. Vokes,P.Eng., arie"Marano,H.B.Sc.,A.M.C.T.,
Director of Public Works Acting Chief Administrative Officer
JCO/SAV/ce
26/10/98
Pc: Mr. &Mrs.Bill Stapleton
4352 Concession Road 8`
Kendal,ON
LOB lEO
Joan Anderson ; 4
4398 Concession Road `
Keiiilal,ON
�
t'` t
y t iii f e ,a7.. ?
LOA lE0 , ¢� ��y
..
1 1 1 17
THE ; r-ORpORATION C)F THE MUNI=ALITY OF CLA+RINGTC
REPORT
Meeting: COU`(- -y ; File #
Dates: OCTOE-=R 5,1998 Res. #.
By-Lav,
Repm rt#: _ ;_ _; File #: --- �}
Sub*ct: STATZ-� OF THE"MAST ROAD"
Re-mommendations:
It is respectfull)Yjv�omrended to Coumcil the following:
1 TFiAAZ D-50-98 be received for infornion; and
r
2 THAI .Stapletomand Joan Andersa�e provided with spy of R x
WD-5�B?9B.
REPORT
1.0 ATT-AACR
No. .: •espondence frog Bill and Shirley �;rapleton
2.0 BAC=�KGVD
2.1 The ownership of tie property know as "Mast Road" in Lots 1
Corceess:.'ormer Clarke Township has been —_ issue due to the dkct that t}
show,-_ os and legal documents as a 'Vave: .d road" and there :is a history
use_
Ccr_ zsr:- dated Septemht_-r 4, 1998 from mill and Shirley Stmpleton (t
-" r;o_ . ) _sidered by Couric;il at its meeting (.:f-September 14, 199x8. In sums
anc._�NZ.eton claim the property known as iVL=;:Road is privately owned by
At ±neleeting on Septembrer 14, 1998, a de�Qation by Joan Ancderson was ...
Ccu cssing concern regarding ov.mership the subie�:t lands and that t
m i SID --
REPORT NO : WD-50-98 PAGE 2
had recently restricted access anduse of the road. She; requested that the✓ issue be settled
and that Mast Road be declared a ipublic access road s(D that all residents may again enjoy
the beauty of nature and freedom to explore the Ganaras;ka Forest.
Council, at its meeting of September 14, 1998,passed R.:solution C-677-98, as follows:
"THAT the correspondence dated September 4, 1998 from Mn and Mrs.
Bill Stapleton regarding the travelled road *Lbetween Dots 11 and 12,
Concession 8, former Township of Clarke known as the "Mast Rwad", be
received;
THAT the correspondence be referred to the D firector of Public Works for
preparation of a report, including the legal opmron previously received on
this matter,. to be submitted to the General Ptarpose and Admiaiistration
Committee;and
THAT Mr. and Mrs. Stapleton and Joan'Anderscan be advised of Cmuncil's
decision."
3.0 REVIEW AND COMMENT
Status of the"Mast Road"
In 1995, Dennis'Hefferon, Solicitor,was requested to provide a legal opinic:n regarding the
status of the lands knows as "Mast Road". Mr. Heffe--ron was specifi .ail,"• requested to
examine the question whether the travelled road+describerd as the "Mast --�o:ad in Lots l 1
and 12, Concession 8, former Township of Clarke is 'a 7public highway-.`a ie to which is
vested in the Municipality by reason of it having been deniicated as such by -the owner of it
at some time in the past and accepted as such by mrrmbers of the pumiic or by the
Municipality on their behalf
Mr.' Hefferon's opinion, as stated in his response dated iviiarch 8, 1995, is a- follows: "In
my opinion, for the reasons expressed in detail below, nc- portion of the uivelled road in
REPORT NO.: WD-50-98 PAGE 3
question, whether it is located within Lot 11 or Lot 12, Concession 8, as a matter of law has
been dedicated to the public as a public highway and accepted as such; either by members
of the public or by the Municipality acting on their behalf. No portion of it is an original
road allowance or is it shown on a registered plan of subdivision. Therefore, in my opinion
all portions of the travelled road in question are located on private property. Portions of the
southerly section appear to be subject to prescriptive easements in favour of certain of the
abutting owners who have constructed houses."
Request for Signs
The subject "Mast Road" is private property, therefore placement of signs would be at the
discretion of the owner.
4.0 CONCLUSION
The Solicitors' opinion clearly states that the subject travelled road known as"Mast Road"
is private property. Therefore, the Municipality has no jurisdiction over the lands. If the
owners in the area still wish to pursue the matter of access over these lands to and from the
Ganaraska Forest,it is suggested that this is a civil matter which should be left to the private
property owners concerned to resolve.
Respectfully submitted, Reviewed by
Stephen A. Vokes, P. Eng., Sll,.
Director of Public Works 4AChi�efiAd=nii�istrative Officer
JCO*SAV*ce
30/09/98
1110
REPORT NO.: WD-50-98 PAGE 4
Pc: Mr. &Mrs.Bill Stapleton
4352 Concession Road 8
Kendal,ON
LOB i EO
Joan Anderson
4398 Concession Road 8
R.R. #1
Kendal,ON
LOA lE0
• COUNCIL DIRECTION D-10
Mr. & Mrs. Bill Sig M. , rhON '
4352 Concession R SS
Kendal , Ontario ILYJA�1 �
(905) 983-8221 i ACK. 8y..,,_.;.
Sept 4 , - 1998
ORIG}(yAl }'
C 'S Ti;. '
Clerks Office ..._.....4?'
Municipality of Clarington t-----�M~ ---.--"- _
40 Temperance Street '--•-••�• ,' �
Bowmanville, Ontario
L1C 3A6
Attention : Mayor Hamre and Members of Council ,
Re :
� i!...V,�..i.,. ...... .. .
Joan Anderson and others and Mr, and Mrs . Willim� :. Stapleton
and the Travelled Road between Lots 11 and 12 ,
Clarke, in Clarington 'known as the "Mast Road" and also the
forced fire road branching therefrom to the Ganara-9ka
In response to a letter we received on Aug 30, 1998 from Joan
Anderson, James and Laura Savage*, Marion Hamilton, Nellie Martin,
Joyce Boudreau, Ray and Karen' Christopher and a second letter with
affidavits dated Sept. 1, 1998 from W. Kay Lycett, LLB. ,Q.C. we
would like to submit the following:
We have consulted the town representatives on numerous occassions•
with regard to ownership and controlled. access to the above
mentioned lands . You will find documentation in the municipality's
Public Works' Dept. files that , in the opinion of not one but two
of the town solicitors over the years, the property in question is
private and therefore is not a matter for 'the municipality .
Examples of letters in reference: 1) -dated Jul 25, 1988 from David
J. D . Sims to W.A. Evans , Esq. with copies to D. Hamre, D.
Patterson, and H. Elliott 2) dated Mar 14, 1995 to William
Stapleton from Walter A. Evans , P. Eng. with copies to Mayor D .
Hamre and W. :'. Stockwell , C.A.O.
With regard to the historic Mast Road. It has over the years
evolved into a year round creek which Mr . Dennis Heff.eron� observed
when he did his examination of the above mentioned properties in
1995 . With this natural ecological development it has made the old
Mast Road and surrounding area environmentally sensitive which
subsequently has resulted in the Ganaraska Conservation Authority
closing this portion of land. There 'are already two designated
accesses to the Ganaraska Forest approximately 1/4 le from our
cronFrty and the Ganaraska Conservation Authority has strongly
indicated to us that they are not interested in another . The two
existing designated entrances' provide ample access for anyone in
t:1?j -ea to enter the Ganaraska Forest without having to cross our
Private property .
1 2 ATTACHMENT NO.: 1
Sri DnD r mn . .zm rn "
d
In connection to the affidavits submitted stating there has been no
incumbrance on the above stated lands; we have on fide a.; letter
from Barry A. Walters,LLB representing Mr. & Mrs. Harland Elliott
to Mr . & Mrs . Gary Martins dated Oct 6, 1992 stating and I quote "It
is NOT ' a public road and my clients have every right to stop it up
by means of a gate or such other method as they may choose" . This
is a total contradiction 'to the affidavits signed by Mr. & Mrs .
Elliott on ',Aug 26, 1998.
There was some confusion as to the ownership of Part 3 Plan 1OR-
3368 , however Mr. G. Doug Coggan, Ontario Land Surveyor was able to
clarify the issue in discussions with Merrill Brown and Charles
Riley .
Every effort has been made over the years by both the former owners
Mr. & Mrs . Jack Stapleton and ourselves to restrict/control who
crossed our property. Very visible NO TRESPASSING signs have
always and continue to be posted on the property as well as gates
at both ends of what is referred to as the travelled road. We
have, over the years, given permission to select individuals to
cross our property to access the Ganaraska Forest; but-these same
individuals now seem to think - it's their RIGHT instead of a
privilege to use our property.
We currently have a land use agreement with the Ganaraska
snowmobile Club, on a year by year basis, for approximately 4
months of the year to use the easterly fork of Part 4 Plan 1OR-3923
and Part 1 Plan 1OR-3368 as part of the groomed snowmobile trail
system. This portion of the trail system connects snow-mobile s
from Kendal and the surrounding area to the rest of the groomed
trai.ly which the other two Ganaraska conservation Authorit •
desig.Zated accesses are not meant for. During the snow obila
season we remove our gates for 'snowmobilers, however• after the.
snowmobile season the gates are reinstalled. It should be noted
that the Ganaraska Snowmobile Club' assumes all liability for
snowmobilers crossing our property.
In closing we believe, as we've been 'advised so many times by the
reuresentatives of the Municipality of Clarington, 'that this is our
private property and the control of who does and does not hay.-
access to it is totally our choice.
Respectfully yo ' rs
Bill Shirley Stapleton'
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: NOVEMBER 16 1998 Res.#
Report No.: WD'-56-98 By-Law#
Subject: PARK SITE/NEWCASTLE SERVICE CENTRE
Recommendations:
It is ,respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 =
MAT Report 50L','98 b'e IV ed fo,'mfo iat o„
x ,My,x),��p
), r
REPORT
1.0 BACKGROUND
At a meeting held on June 29,2998,Council passed the following resolution:
"THAT staff investigate the feasibility of arranging a joint partnership with
the Newcastle Service'Centre and the Ministry of Transportation to restore
the park site immediately east of the 401 service centre."
The subject picnic site is located on lands owned by the Ministry of Transportation
immediately east of the Newcastle Service Centre. The Ministry of Transportation closed
the picnic site, approximately five(5)years ago.
Imperial Oil operates the Newcastle Service Centre and leases the lands from the Ministry
of Transportation. The lands leased by Imperial Oil exclude the picnic area.
4 A
REPORT NO.: REPORT WD-56-98 PAGE 2
2.0 REVIEW AND COMMENT
Staff contacted Mr. Greg Ford, Imperial Oil, and attempted,without success, to contact the
Ministry of Transportation (Head Office — St. Catharines), to determine their interest in a
joint partnership to restore the park site. Mr. Ford declined, on behalf of Imperial Oil, to
participate. Mr. Ford stated a number of reasons:
r
i) the annual cost to maintain the site,i.e.,grass cutting,garbage collection, etc.;
ii) historically,parks were originally well used in the 1960's and 1970's; however,
in the 1990's most of the highway parks were closed due to under-utilization;
iii) there is an outdoor patio area associated with the Service Centre which was
intended to provide for travellers' "brownbagging"requirements;and
iv) outside washroom facilities would require substantial upgrading.
# Staff also;reviewed the:Municipality'.s,Official th
Plan and is i Apt designated as.Parkland g..
i; xq
4
5 Tb s l�ocation'wouldtserve Highway 401>travellers'rather than"residents of the Municipalityr Y 4
In addition,'it was the opinion of Clarington's Chief Administrative Officer that the site did
t
not represent a park site with any potential for marketing or economic development
advantages to the Municipality. In addition, the Director of Planning and the Director of
Community Services see no reason, from their departments' perspectives, to restore this
park site.
3.0 CONCLUSION
The Ministry of Transportation has closed the subject park site and Imperial Oil declined
the offer to enter into a partnership to restore the site. In addition, the Municipality's
Official Plan does not identify this location as parkland, nor does the park really serve
Clarington residents. Without joint participation from the Ministry of Transportation and
Imperial Oil there would be considerable cost for the Municipality to restore the park and
to provide annual maintenance. It is,therefore,recommended that the Municipality take no
further steps to restore the park site at this time and that this report be received for
information.
REPORT NO.: REPORT WD-56-98 PAGE 3
Respectfully submitted, Reviewed by
Stephen A. Vokes,P.Eng., e Marano.H.B Sc.,AM.C.T.,
Director of Public Works Acting Chief Administrative Officer
JCO/SAV/ce'I
26/10/98
n 5 ,
1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: NOVEMBER 16 1998 Res.#
Report No.: WD-58-98 By-Law#
Subject: REQUESTS FOR TRAFFIC SIGNALS
Recommendations:
It is respectfully recommended that the 'General Purpose and Administration Committee
recommend to Council the following:
i ierLdr'.'
� 7 ��, ,<.J' Ji
l ` THAT effort ' 8'�9 be received for infopt*i at�oni, d
a s L it a i°.., i ♦ st7P,m�`+� �`� t°�' .•? i "
S � :f
2. THAT Olive Simpson and Evylin Stroud be advised of Council's!decision.
REPORT
1.0 ATTACHMENTS
No l: Key Maps for Courtice(1A)and Bowmanville(113)
No 2: Correspondence dated August 21, 1998 from Olive Simpson
No 3: Correspondence dated August 24, 1998 from Evylin Stroud
No 4: Preliminary correspondence sent to Evylin Stroud, dated September 2, 1998
(prior to September 14, 1998 Council Meeting)
No 5 Correspondence from Region of Durham dated October 5, 1998, results of signal
studies
REPORT NO.: WD-58-98 PAGE 2
2.0 BACKGROUND
2.1 At a meeting held on September 14, 1998, the Council of the Municipality of Clarington
passed the following resolution:
"THAT the correspondence dated August 21, 1998 from Olive Simpson requesting
the installation of traffic lights at the intersection of Highway #2 and Roenigk
Drive be received;
THAT the correspondence be referred to the Director of Public Works for review
and preparation of a report to be submitted to the General Purpose and
Administration Committee;and ;:
THAT Ohve IMP son be advised of Council's decision."
2.2 A letter dated August 24, 1998 was received from Evylin Stroud also requesting
consideration of traffic signals at the intersection of Roenigk Drive and Highway#2.
3.0 REVIEW AND COMMENT
3.1 The Region of Durham, which maintains the Municipality's traffic signal system, was
requested to study a total of three intersections where traffic signals were being requested.
The warrant criterion, as established by the Ministry of Transportation, is based on overall
volume of traffic, delay to side street traffic, vehicles and pedestrians crossing the streets,
intersection geometry, intersection spacing and the collision experience over a three year
period. The installation of non-warranted signals can increase delay to all traffic
movements, including those the signal was intended to benefit.
3.2 Roenigk Drive and King Street(Highway No.2)Bowmanville
Study results from the Region of Durham show that the warrant values are not met for this
intersection. Only one collision out of seven was applicable to the warrant calculation and
- 1 1 1 0
REPORT NO.: WD-58-98 PAGE 3
the remaining six collisions would not have been prevented by the presence of a traffic
control signal. There is a concern that, due to the proximity of the signal at Scugog Street,
any future signal;at Roenigk Drive may cause traffic to queue back to the east intersection
during peak conditions, resulting in increased congestion in the downtown core. It was
determined that the railway bridge to the west of the intersection does not pose a visibility
problem based on a 60 km/hr operating speed(posted at 50 km/hr).
Based on this information, staff is not recommending any changes to the intersection at the
present time,but suggests that an additional study be performed again in two or three years.
The residential development to the south is complete and staff would not anticipate any
substantial increase in pedestrian crossings or northbound Roenigk Drive traffic wishing to,
k:
turn left The existing wide painted median on tho west leg of the intersection is adequateto
assist the small number of pedestrians crossing Kung ��steee Go Bus stop bypov �
a refuge area until,they can cross the second half of the roadway.
3.3 Ontario Street and Kung Street(Hwy#2)'Bowmanville
This intersection is well below the minimum criteria for volume and delay to traffic.
Accident records'only show one accident in three years,which does not indicate an existing
problem at this intersection. Sight lines are adequate.
3.4 Nash Road and Trulls Road,Courtice
Although the intersection volume is high through this all-way stop intersection, the side
street delay does not meet the minimum criteria to satisfy the signal warrant. A number of
minor collisions have been recorded at this intersection but would not impact on the
combination warrant.
4.0 CONCLUSION
4.1 From the above, it is concluded that traffic signals not be recommended at any of the three
reviewed intersections.
REPORT NO.: WD-58-98 PAGE 4
Respectfully submitted, Reviewed by,
Stephen A. Vokes,P. Eng., a arano,H.B.Sc.,A.M.C.T.,
Director of Public Works Acting Chief Administrative Officer
RDB/SAV/ce
06/11/98
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45 McCrimmon Crescent
Bowmanville,ON
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89 Little Avenue
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REPORT WD-58-98
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_ J REPORT WD-58-98
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45 McCRIMMON CRESCENT
BOWMANVILLE, ON A 1!� 2I 12 46 PM 's$
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'E MU}NCIPALITY Of Mnt�
August 21, 1998 �-- iM ct_nR!NCTtxv
PECEIVEO Discuss Wit
Please Answer
AUG 2 5 1998 Note&Return to me
Mayor&Members of Council tnvest'.gate&Report
c/o. Ms. Patti L.Barrie PUBLIC WORKS Take Appropriate Action
Municipal Clerk DEPT. file
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, On
L1C 3K6
Re Traffic Lights—Hwy#2&Roenick Drive
I request that the Mayor and Members of Council consider the possibility of having.
traffic lights installed at the intersection of Highway#2 and Roenick Drive,
Bowmanville.
My family and I have lived in the Waverley Gardens area for 26 years and have
discovered'that over the years the traffic has increased dramatically in that time.
It is extremely difficult to make a left turn'onto Highway#2 from Roenick Drive at
almost any time of the day but particularly during rush hour. 'When returning home
from downtown Bowmanvilie it can sometime be quite dangerous trying tw turn into
Roenick from the highway. As a pedestrian it is very nerve-wracking trying to cross the
road to walk either up the hill to Waverley'Road or walk up the pathway to Old King
Street West as traffic can be coming at you from all sides.
I hope that you will please consider putting this proposition to the appropriate authorities
before a very serious accident occurs. ;;•`°
Thank you..
Ac,& QY
Yours trul}=, N`i�lnL
Ar
F'_S T0:
'
Olive Simpson
i` - -_ _. . .
........................
�ATTA • 2
MS EVYLIN STROUD
89 LITTLE AVENUE
BOWMANVILLE, ONTARIO
LIC 1 J9
(905) 623-6149 August 24 , 1998
Stephen A . Vokes
Director of Public Works
Municipality of Clarington �1i; 1' =' `�""Ut?fi
40 Temperance St . -• -- P;klas3A;3S Or I
AU6 2 5
Bowmanville , Ontario ;� 1996 Wot:l&Moroi amii
t .:.. KS
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L1C 3A6
Dear Steve. _.. C1:..t T
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I hope you are enjoying your break from Council and GPA meetings
and that you were able to have some vacation time at the cottage
with your family .
I have two concerns that I would like to bring to your attention.
With all the new commercial development at the west end of town,
the increased traffic from that direction will come as no surprise
to anyone .
I live in the Waverly. subdivision. For a couple of *years now-the
other residents on my street have tried to persuade me to go to
Counci-1 to ask for a traffic light at Roegnick and Hwy #2 because
of the trouble they have sometimes in turning left . I have refused
to do so ( which did not exactly make me Ms Popularity ) because I
feel we already have enough unnecessary traffic lights in town .
These lights generate idling which contributes to our air pollution
and the greenhouse effect on our ozone level . I have resisted the
installation of this particular traffic light - even though I have
been personally inconvenienced - and sometimes late for work , while
I wait to make a left turn onto Hwy 02 . I was willing to make the
small sacrifice to avoid unnecessary pollution of our atmosphere .
However , others are not willing to make that sacrifice and I 'm
afraid that with the increased traffic we will probably meet the
warrant for a light at Roegnick in the near future .
When that happens , I wanted to be assured that the light could have
a sensor in the pavement that caused it to be activated when people
needed to turn left . There are a few hours in some days that a
light for turning left might be needed . But there are many more
hours where a light is not necessary and I want to avoid lowering
our air- quality any further .
Can you assure me that the traffic light would be installed to be
activated by cars in a l,eft turn lane?
My second concern involves the grassland on either side of Roegnick
between Waverly Rd . and Hwy #2 . I had always thought that a
private contractor had cut that grass but more recently I have seen
town vehicles and staff taking care of it . Unfortunately , however ,
1 wish they wouldn 't cut the grass because it- always looks worse
after they have finished . This is because , instead of AqiKkVnAWNPNO.:•3
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the garbage that some slobs leave behind before they cut the grass ,
they just mow over it and spread it around. I realize that gown
staff should not have to pick up after our citizens that are too
lazy to do so themselves . However , there'" are always at least 2 or
more staff that come in the trucks to cut the grass. If each of
them took a garbage bag and spent 10 minutes, the garbage could be
easily picked up before the mowing. I would appreciate it if you
could give; my suggestion serious consideration.
Thank you.
Sincerely_,
Evylin Stroud
A
MUNICIPALITY OF
arinqton
ONTARIO
September 2, 1998
Ms Evylin Stroud
89 Little Avenue
Bowmanville, Ontario
L1C 1J9
Dear Ms . Stroud:
Thank you for your letter of August 24, received the same day as
another request dated August 21 from Olive Simpson, suggesting
traffic signals at the intersection of Roenigk Drive and Ring
Street Bowmanville. This location was reviewed a few years ago but
as noted in both letters recent commercial and residential
development justifies 'another look at the situation.
The Region of Durham maintains the. Municipality's traffic signal
system and I have requested them to undertake a traffic signal
warrant study at this location when the count program begins near
the end of September. Your suggestion of a loop sensor for the
left hand turning movement to activate the lights and prevent
unnecessary traffic delays and idling is a good point. The.
installation of an exclusive left hand turn lane would require
widening of Roenigk Drive near the intersection. In addition to
the traffic and pedestrian volumes to determined if traffic signals
are warranted, it must also be determined if signals could function
effectively at this location. This location is affected by the
proximity of signals at Scugog Street and the railway overpass to
the west. You will be advised of the results of the intersection
review when it is completed.
Your second concern involved the grassland near Roenigk Drive. The
contractor is responsible for picking up garbage prior to cutting
the grass on both sides of Roenigk Drive, except for the guide
posts on the east side. Municipal staff were trimming the guide
rails and attention to picking up the garbage should have been
made. Thank you for bringing this to the Municipality's attention.
Sincerely
—�_ D
Ronald D. Baker
Traffic Co-ordinator
pc Steven Vokes, Director of Public Works
Don Patterson, Manager of Operations
Grant Ashton, operations technician
Olive Simpson
CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATT.,A,gI�IENTNO.:
E Lt Pi R A NC F S T R F E7 B 0 W M A N V I L L E -0 N T A R I L1C 3A 6 • (905) 6'3 3379 • FAk a76 ccra
/ PFPOPT NO.: NVD 58-98
October 5, 1998
Mr.Ron Baker,Traffic Co-ordinator
The Regional Municipality of Clarin
Municipality• $ton.
.of Durham Public Works Department
Works 40 Temperance.Street'
Department Bowmanville Ontario
'Box 623 L1C 3A6''
105 Consumers Dr.
Whitby;Ontario
Canada L1 N 6A3 Dear Mr,Baker.
(905)668.7721
Fax:(905)668-2051
RE: Request for Signal Warrant Data and Suitability at
V.A.Silgailis,P.eng.
Commissioner. H ghWay.2'and Roenigk Drive
of Works'
Highway 2•and Ontario Street
Please quote,our'ref: Nash Road and Trulls•Road
Ploase quote our ref. TRA CLAR=SIG.:
On August•27; 1998,. we received a fax request-for a traffic study to determine the
need.for a traffic control signal at the-above noted locations,in the Municipality-of
Clarington. Further to our verbal response we,offer the following results/comments.'
As you.may know,road authorities must study a'number of conditions prior to the
installation of traffic control.signals. The warrant criterion; as established by the
Ministry-of Transportation,is based on overall,volume of traffic,delay to side street
traffic,vehicles and pedestrians crossing Highway 2,intersection geometry, spacing .
and the collision experience over a three year period.
Based on traffic data collected between September 15 and September 17, 1998, our
record shows the minimum warrant criteria for a traffic control signal was not
satisfied at the subject intersections. Warrant values are as follows:
Warrant Sections -
1 2 3 4
Traffic Side St. Accidents Combination Warranted
Volume Delay Warrant
Highway 2'at Roenigk Drive .
Value % 80 65 0 0 NO
Highway 2'at Ontario Street
Value % 32 31 0* 0* NO*
Nash Road at Trulls Road
Value % 91 55 0* 0* NO*
*values are unconfirmed due to the unavailability of Clarington accident reports at time of study
aTTACH4ENT2g0.:. 5
j 7 REPORT NQ: «'D-58-98
Observations
Highway 2 at Roenigk Drive .
Only one collision out of the seven.collision. records submitted were potentially
applicable to the Warrant 3 calculation. The remaining records concluded the installation
of traffic control signals would not have improved the intersection to prevent the
occurrence of the collisions.
Due to the proximity of the intersection,the installation of a traffic control signal may
cause traffic to queue back to the easterly adjacent intersection during peak conditions.
This will result in an increase of congestion through the downtown core, Sight lines are
adequate and the railway bridge to the west does not pose a.visibility problem based on
a 60 km/h operating speed.
Highway'2 at Ontario Street
-Volume and delay values would have to increase substantially to fulfill the minimum.
criteria'for a traffic control signal. -Accident statistics.should be reviewed by Clarington
staff to determine if any are applicable to the war-ant 3.calculation.(accident frequency).
Sight lines should also be reviewed by Claringtori staff for inadequacies.
Nash Road at Trulls Road
Though the intersection volume is high the side street delay does not meet the minimum.
criteria required to satisfy the signal warrant. Accident statistics should be reviewed by
Clarington staff to determine if any are applicable to the warrant 3 calculation(accident
frequency). Sight lines and left turn lane-lengths should also be reviewed by Clarington "
staff for inadequacies.
The need and justification for a traffic control signal is not based on projected needs or
convenience to the motoring public. They are intended to control and alternate the right-
of-way between conflicting movements with maximum efficiency. Non-warranted signals
can increase delay to all movements, including those the signal was intended to benefit.
They also increase driver frustration and violation.of traffic laws.
I trust that this information is satisfactory.
Yours truly,
D. Dankmeyer
Senior Traffic Engineering Analyst
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cc: B. Sz«-arz
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G. Borchuk