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Home My WebLink About10/31/2011GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: October 31, 2011 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of October 17, 2011 1 4 -1 5. PRESENTATIONS No Presentations 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1 List) (a) Frank Lockhart, Regarding the Fish By -pass Channel (b) Martin Vroegh, President, Clarington Board of Trade, Regarding Report CAO- 009 -11, Clarington Board of Trade Contract Renewal (c) James Reininger, Regarding PSD- 085 -11, To Redesignate the Property to Permit a Medium Density Residential Development (d) Scott Waterhouse, Regarding PSD- 085 -11, To Redesignate the Property to Permit a Medium Density Residential Development 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By -law and Draft Plan of Subdivision 7 -1 Applicant: 1825284 Ontario Limited Report: PSD- 084 -11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 G.P. & A. Agenda - 2 - October 31, 2011 8. PLANNING SERVICES DEPARTMENT (a) PSD- 084 -11 - Application for a Proposed Draft Plan of Subdivision and a 8 -1 Zoning By -law Amendment to Permit up to 66 Single Detached Residential Units Applicant: 1825284 Ontario Limited (b) PSD- 085 -11 To Redesignate the Property to Permit a Medium Density 8 -10 Residential Development Applicant: 672003 Ontario Limited (Adalan Development Corporation) (c) PSD- 086 -11 Monitoring of the Decisions of the Committee of 8 -24 Adjustment for the Meeting of October 13, 2011 9. ENGINEERING SERVICES DEPARTMENT No Reports 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD- 015 -11 Newcastle Fire Hall #2 — Relocation and Construction 11 -1 (b) ESD- 016 -11 Progress Report — Operational Planning: An Official Guide 11 -12 to Matching Resource Deployment and Risk 12. COMMUNITY SERVICES DEPARTMENT No Reports - 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 027 -11 Proposed Nuisance By -law 13 -1 (b) CLD- 029 -11 Appointments to Boards and Committees Policy 13 -7 (c) CLD- 030 -11 Appointment of Municipal Law Enforcement Officer 13 -25 (d) CLD- 031 -11 ' 3rd Quarter Parking Report 13 -28 14. CORPORATE SERVICES DEPARTMENT No Reports G. P. &A. Agenda - 3 - October 31, 2011 15. FINANCE DEPARTMENT (a) FND- 023 -11 Financial Update as at September 30, 201.1 15 -1 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE See Unfinished Business 18. UNFINISHED BUSINESS (a) CAO- 009 -11 Clarington Board of Trade Contract Renewal 18 -1 [Tabled from October 17, 2011 General Purpose and Administration Committee Meeting] 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT Qdiug the 1Yay General Purpose and Administration Committee Minutes October 17, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 17, 2011 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Manager Transportation and Design, L. Benson Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Director of Corporate Services & Human Resources, M. Marano Recreation Services Manager, S. Meredith Director of Finance/Treasurer, N. Taylor Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be declaring an interest in Report PSD- 083 -11, regarding the refurbishment of the Darlington Nuclear Generating Station. ANNOUNCEMENTS Councillor Novak attended the following events: • Claringtor Board of Trade land and inventory tour on Wednesday, October 5, 2011. • The Clarington Fire Fighters Association's pink shirt event on Friday, October 14, 2011. Proceeds from the sale of the shirts will be directed to the Bowmanville Mammography Clinic and Fire Fighter Cancer Research. - 1 - 4 -1 General Purpose and Administration Committee Minutes October 17, 2011 • Applefest in downtown Bowmanville on Saturday, October 15, 2011, including the launch of the Valley Lands 2000's project to construct a fish natural bypass channel. Councillor Neal attended the pancake breakfast in Kendal on Sunday, October 16, 2011 hosted by the Kendal Lions Club. Councillor Hooper attended the following events: • The Clarington Fire Fighters Association's pink shirt event on Friday, October 14, 2011. Proceeds from the sale of the shirts will be directed to the Bowmanville Mammography Clinic and Fire Fighter Cancer Research. • Clarington Board of Trade land and inventory tour on Wednesday, October 5, 2011. In particular, he noted the tour of St. Mary's Cement. • The grand re- opening of Roy Nichols Motors on Thursday, October 13, 2011. • Applefest in downtown Bowmanville on Saturday, October 15, 2011. He thanked the Operations Department for their efforts. • The launch of Valley Lands 2000's project to construct a fish natural bypass channel. • Pancake breakfast in Kendal on Sunday, October 16, 2011. Councillor Hooper announced that upcoming annual 'Sports Hall of Fame' dinner to be held on Saturday, October 22, 2011 and reminded members of the 'Spirits of Camp 30' will be held on Sunday, October 23, 2011. He also noted that October is 'Small Business Month' and there will be a seminar on Thursday, October 20, 2011 at 101 Dundas Street West in Whitby at 1:00 p.m. The seminar is hosted by the Ontario Self Employment Business Program, and the topic is "Hiring Employees ". Councillor Partner attended the pancake breakfast in Kendal on Sunday, October 16, 2011. She noted that this event raises funds for the 'Fishability Sports Club' which is an adapted fishing program for people with disabilities. She added that more information could be found at www.fishabilitysports.org. Councillor Partner announced the following upcoming events: • A free information session presented by the Oak Ridges Moraine Group at Orono Town Hall this evening, October 17, 2011, from 7:00 p.m. to 10:00 p.m. • Orono Rebekkah's 'Raise the Roof' dinner on Wednesday, October 19, 2011 at 6:00 p.m. • The Orono Town Hall is presenting the Fred Eaglesmith'Travelling Show on Friday, October 21, 2011 at 8:00 p.m. with the proceeds going to the new washrooms. She noted that tickets can be purchased at the Orono Times. • Newcastle United Church Bazaar on Saturday, October 22, 2011 from 10:00 a.m. to 2:00 p.m. • . Orono St. Saviours Church Bazaar on Saturday, October 22, 2011 from 10:00 a.m. to 2:00 p.m. -2- 4 -2 General Purpose and Administration Committee Minutes October 17, 2011 • The grand opening of three new businesses will take place on Saturday, October 22, 2011 starting at 11:00 a.m:: "OM Creations /OM Yoga ", "Victoria's Attic" (with Hedgehog relocating with Victoria's Attic) and "Sunday's Child ". Councillor Traill attended Applefest on Saturday, October 15, 2011 and the Kendal pancake breakfast on Sunday, October 16, 2011. She invited everyone to attend the planting and cleanup event at the Samuel Wilmot Nature Area on Saturday, October 22, 2011. Councillor Woo attended that Clarington Board of Trade land and inventory tour on Wednesday, October 5, 2011. He also attended the grand re- opening of Roy Nichols Motors on Thursday, October 13, 2011. He noted that this evening, October 17, 2011, Durham Region will be hosting a supplier information night from 7:00 p.m. to 9:00 p.m. He also reminded everyone that the soft opening of the new Canadian Tire store will take place on Wednesday, October 19, 2011 at 7:00 p.m. Mayor Foster congratulated Roy Nichols Motors on their grand re- opening on Thursday, October 13, 2011. He announced that on Thursday, October 20, 2011 at 8:00 a.m., Covanta, in conjunction with the Clarington Board of Trade, will be holding a subcontractors, suppliers and service providers information fair at the Courtice Community Complex. MINUTES Resolution #GPA- 598 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 26, 2011, be approved. CARRIED PRESENTATIONS Councillor Novak declared a pecuniary interest in the presentation regarding Report PSD- 083 -11 as a member of her family works for Ontario Power Generation. Councillor Novak left the room and did not participate in discussions and voting on this matter. Dave Hardy, Hardy Stevenson & Associates Ltd. and Will McCrae, AECOM, made a presentation regarding Report PSD- 083 -11, Refurbishment and Continued Operation of the Darlington Nuclear Generating Station, Municipality of Clarington Comments on the Draft Environmental Impact Statement. They made a verbal presentation to accompany a PowerPoint presentation. Mr. Hardy noted that the team consists of several companies working together. He provided the Committee with background information -3- 4 -3 General Purpose and Administration Committee Minutes October 17, 2011 on the Environmental Assessment, Environmental Impact Study (EIS), Technical Supporting Documents (TSD's) review, and peer review processes. Mr. Hardy informed the Committee of the timeline ranging from 2010 to 2031 for the whole project. He outlined the scope of the review of the draft EIS and the TSD's. Mr. Hardy stated that the review team is in agreement with the original results; however the review raised slight concerns which he detailed in the presentation. Mr. McCrae also presented some of the details of the concerns regarding transportation. He noted that, to address all noted key issues, Ontario Power Generation (OPG) has committed to participation in the process to develop a Traffic Management Plan as well as participating financially, as appropriate, in necessary transportation works /improvements. Mr. Harding spoke to issues regarding municipal finances. He informed the Committee that the next steps include:. • Submission of comments prepared by peer review team to OPG • Advising all interested parties of the peer review submission • Establishing a follow -up program Councillor Novak returned to the meeting Martin Vroegh, President of Clarington Board of Trade (CBOT) introduced the Board members (Ron Collis, Murray Visser, Mike Patrick, Adrienne Windsor, Leslie Ray, Ron Robinson, and Randy Henry) who were present in the gallery in support of a presentation regarding the CBOT Five Year Business Plan. He introduced Mike Patrick, Director of CBOT, who provided the Committee with the history of the CBOT. Mr. Patrick introduced Sheila Hall, Executive Director. Ms. Hall made a verbal presentation which accompanied a PowerPoint presentation. She informed the Committee of the future economic opportunities and the CBOT's support of existing and future businesses. Ms. Hall outlined the financial resources and use of financial resources within the CBOT, including the increase in membership and revenue. She compared the annual budget and per capita expenditures, for economic development, with other area municipalities. Ms. Hall reviewed the highlights of the financial five -year plan for the CBOT which included an increase of $115,000 per year to meet the needs. This increase in expenditures covers an additional staff person, meeting space and increased marketing opportunities. Mayor Foster left the meeting at 10:45 a.m. Councillor Novak chaired this portion of the meeting, which included some questions to Ms. Hall. Mayor Foster returned to the meeting at 10:48 a.m. and chaired this portion of the meeting, including the remainder of questions to Ms. Hall. 4 -4 General Purpose and Administration Committee Minutes October 17, 2011 RECESS Resolution #GPA- 599 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 11:31 a.m DELEGATIONS Rob Simpson, Project Manager, Canadian Tire Corporation was present regarding the Sustainability of the New Canadian Tire Store Opening October, 2011. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Simpson outlined the integrated design approach which was used in designing the new Canadian Tire Store in Bowmanville. He highlighted the innovations (heating, cooling, lighting, and operating) of the building, which were detailed in the PowerPoint presentation. Mr. Simpson confirmed that the building was designed to a LEEDS standard. They will be applying for certification and Mr. Simpson remains confident in achieving it. CLARINGTON BOARD OF TRADE CONTRACT RENEWAL Resolution #GPA -600 -11 Moved by Councillor Novak, seconded by Councillor Woo THAT the Report CAO -009 -11 be tabled until the General Purpose and Administration meeting of October 31, 2011. CARRIED DELEGATION OF ROB SIMPSON, PROJECT MANAGER, CANADIAN TIRE CORPORATION, REGARDING THE SUSTAINABILITY OF THE NEW CANADIAN TIRE STORE OPENING OCTOBER, 2011 Resolution #GPA- 601 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT the delegation of Rob Simpson, Project Manager, Canadian Tire Corporation regarding the sustainability of the new Canadian Tire Store opening October, 2011 be received with thanks. CARRIED -5- 4 -5 General Purpose and Administration Committee Minutes October 17, 2011 RECESS Resolution #GPA- 602 -11 Moved by Councillor Partner, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 12:03 p.m. PUBLIC MEETING There were no public meetings held. PLANNING SERVICES DEPARTMENT REFURBISHMENT AND CONTINUED OPERATION OF THE DARLINGTON NUCLEAR GENERATING STATION MUNICIPALITY OF CLARINGTON COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT Councillor Novak declared a pecuniary interest in the presentation Regarding Report PSD -083 -11, regarding the Darlington Nuclear Generating Station, as a member of her family works for Ontario Power Generation. Councillor Novak left the room and did not participate in discussions and voting on this matter. Resolution #GPA- 603 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report PSD- 083 -11 be received; THAT Report PSD- 083 -11, including the comments prepared by the peer review consultants (Attachments 3 to 8 of Report PSD- 083 -11), be submitted to Ontario Power Generation as the Municipality of Clarington's comments on the Draft Environmental Impact Statement for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station Project; THAT Ontario Power Generation be thanked for providing the Municipality of Clarington with the opportunity to undertake a peer review of the Draft Environmental Impact Statement for the Project prior to its submission to the Canadian Nuclear Safety Commission; I 4 -6 General Purpose and Administration Committee Minutes October 17, 2011 THAT the peer review team, consisting of AECOM, Hardy Stevenson and Associates, RWDI and Hemson Consulting, be thanked for their efforts in completing the peer review in a timely manner; THAT a copy of Report PSD- 083 -11 and Council's decision be forwarded to Ontario Power Generation and the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD- 083 -11 and any delegations be advised of Council's decision. CARRIED Councillor Novak returned to the meeting at 12:04 p.m. Councillor Novak chaired this portion of the meeting. REZONING APPLICATION TO FACILITATE THE SEVERANCE OF TWO RESIDENTIAL LOTS Resolution #GPA- 604 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT Report PSD- 081 -11 be received; THAT the recommendations contained in the Environmental Impact Study and Addendum prepared by Niblett Environmental Associates Inc., August 2011, be received; THAT the rezoning application submitted by Zlatko and Starleane Jazic be approved and that the attached Zoning By -law Amendment (Attachment 3 of Report PSD- 081 -11) be adopted by Council; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD - 081 -11 and any delegations be advised of Council's decision. CARRIED -7- 4 -7 General Purpose and Administration Committee Minutes October 17, 2011 QUESTIONS ON ENERGY FROM WASTE Resolution #GPA- 605 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD- 082 -11 be received for information. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2011 Resolution #GPA- 606 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report EGD- 035 -11 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY ACTIVITY REPORT — JULY, AUGUST, SEPTEMBER 2011 Resolution #GPA- 607 -11 Moved by Councillor Novak, seconded by Mayor Foster THAT Report ESD- 014 -11 be received for information. CARRIED 4 -8 General Purpose and Administration Committee Minutes October 17, 2011 EMERGENCY SERVICES' OPERATIONAL TRACKING TOOL Resolution #GPA- 608 -11 Moved by Mayor Foster, seconded by Councillor Traill THAT the Director of Emergency and Fire Services' report regarding the operational tracking tool be included on the General Purpose and Administration Agenda for consideration at the meeting of October 31, 2011. CARRIED ARBITRATION STATUS REPORT Resolution #GPA- 609 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Director of Emergency and Fire Services be directed to prepare a confidential report regarding the status of the outstanding arbitration matters, including a background of the grievances, for consideration at the October 31, 2011 General Purpose and Administration meeting. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT — JULY — SEPTEMBER, 2011 Resolution #GPA- 610 -11 Moved by Councillor Hooper, seconded by Councillor Traill THAT Report CLD- 028 -11 be received; and THAT a copy of Report CLD- 028 -11 be forwarded to the Animal Alliance of Canada. CARRIED 4 -9 General Purpose and Administration Committee Minutes October 17, 2011 BOARDS AND COMMITTEES APPOINTMENT PROCESS Resolution #GPA- 611 -11 Moved by Councillor Neal, seconded by Councillor Traill WHEREAS the Council of the Municipality of Clarington wishes to establish a standardized, transparent and fair process for Council appointments to Boards and Committees; NOW THEREFORE BE IT RESOLVED THAT: 1. a) Council appointments to boards and committees will be made by Council in January of the first year of each Term of Council, unless otherwise required for a new committee, in which case the appointments shall be made as soon as reasonably practicable. b) The Term of the appointment shall be the same as the Term of Council unless otherwise stated. c) Persons wishing to sit on a board or committee shall submit an application, which may include a resume if desired by the applicant (or other reasonable facsimile) to the Municipal Clerk's Department. d) The Municipal Clerk's Department shall coordinate the application process. e) In the event of a vacancy, the same procedure shall be followed as contained herein, with a recommendation being made in accordance with Section 2.4 from the original applicants, and if there are none, the position shall be re- advertised. 2. Procedures: 2.1 Application a) In November of the last year of the Term of Council the Municipal Clerk, or designate, shall ensure that the opportunity for appointments to boards and committees is advertised (in the local newspapers as well as on the Municipal website). The advertisement shall advertise the application process. b) The Municipal Clerk, or designate, shall receive all applications for appointment. c) Generally speaking, each board or committee works closely with a department (e.g. Committee of Adjustment works closely with Planning Services, Property Standards Committee works closely with the Municipal Clerk's Department, etc.). -10- M01 General Purpose and Administration Committee Minutes October 17, 2011 2.2 Evaluation a) The Municipal Clerk, or designate, shall assemble the applications according to board /committee and shall forward a copy of the application packages to the appropriate Department Head for consideration. b) Department Heads shall then evaluate the applications based on the following criteria: ✓ Education ✓ Knowledge of the focus of the committee /board ✓ Experience ✓ Ability ✓ Past community involvement ✓ Commitment c) The Department Head shall reserve the right to conduct interviews with applicants if deemed necessary. 2.3 Recommendation a) Each Department Head shall notify the Municipal Clerk of-their appointment recommendations. b) The Municipal Clerk, or designate, shall prepare a report to General Purpose and Administration Committee (GP &A) recommending appointments to each board and committee. 2.4 GP &A Consideration of Staff Recommendations a) The staff report to GP &A will be included on an agenda for a regularly scheduled GP &A meeting in January of the first year of the Term of Council. b) Copies of the complete applications shall be supplied to Members of Council in a confidential package under separate cover from the GPA Agenda. c) The report shall be considered at the end of the GPA meeting, in open session and shall be chaired by the Mayor. d) To consider the recommendations contained in the report, a mover and a seconder will be required. e) The appointments will be dispensed as a consent agenda item, similar to the method by which Council dispenses with correspondence Information items in a Council Meeting. The entire list of committees with the respective recommended appointments shall be moved and seconded. The Chair shall then offer the Members of Council the opportunity to pull any committees to which they wish to speak or to which they wish to nominate additional applicant(s). f) The GP &A shall then vote on the remainder, and any committees for which there were additional applicants moved and seconded shall be voted on in accordance with the procedure contained in Section 2.6. - 11 - 4 -11 General Purpose and Administration Committee Minutes October 17, 2011 g) In the event the Report of GPA is pulled at council, the same procedure as set forth in sections 2.5 and Section 2.6 shall be followed at Council for the committee which has been pulled from the GPA report. 2.5 Nomination a) Where a Member of Council does not wish to make appointments to a board or committee as recommended by staff, a nomination for additional applicant(s) may be moved and seconded, and the voting process in Section 2.6 shall be followed for appointment to that board or committee. b) No nomination will be allowed to stand unless the candidate has filed their Application for Appointment with the Municipal Clerk on or before the advertised deadline. c) No Applicant who has been moved and seconded may be removed from consideration except in accordance with Section 2.6. 2.6 Votinq a) A successful candidate must receive a majority of vote of all members of Council present at the meeting. All appointments will be formally confirmed by resolution and by -law at the next Council meeting. b) The Chair shall announce the number of positions to be filled for the board or committee. The Municipal Clerk, or designate, shall record the applicant names on the display in the Chambers. c) The Municipal Clerk, or designate, shall request each Member of Council to state the name(s) of the applicants for whom they are voting. The Member of Council may only vote for up to as many positions on the committee or board as are remaining to be filled in that round of voting. Over -votes are not permitted. d) The order in which the Members of Council are to vote shall 'be alphabetical order beginning with the first round of voting in the meeting. Thereafter, the Municipal Clerk, or designate, shall ensure that the next round of votes begins with the next Councillor in alphabetical order. The Chair shall not be first to vote on any board or committee. Under no circumstance shall a Councillor be first to vote in two successive rounds of voting regardless of the committee or board for which they are voting. e)_ The Municipal Clerk, or designate, shall record the votes as they are stated, and if the number of position(s) to be filled and the number'of candidate(s) with a majority of votes are equal, those candidate(s) shall be declared elected to the committee. -12- 4 -12 General Purpose and Administration Committee Minutes October 17, 2011 f) At the end of the first or any subsequent round of voting, where there are fewer number of candidates who received a majority of votes than positions remaining to be filled on the board or committee, those candidates receiving a majority of votes shall be deemed to have been appointed. The Municipal Clerk, or designate, shall remove the names of the appointed candidates from the list for the next round of voting. g) At the end of the first or any subsequent round of voting, where there are more candidates who received a majority of votes than positions remaining to be filled on the board or committee, beginning with the candidates with the highest number of votes for that round of voting, and moving down the list (from highest to lowest) the number of candidate(s) required to fill the positions shall be deemed to have been appointed. h) In the event of a tie among candidates at the lowest end of the group of candidates receiving a majority of votes, only those candidates with the higher votes than the tied candidates are deemed to have been appointed, and only those tied candidates shall be included in the next round of voting. i) In the event of a tie among candidates who received the most votes, and the number of tied candidates exceeds the position(s) remaining to be filled; only those tied candidates shall be included in the next round of voting. j) The Municipal Clerk, or designate, shall record the appointment(s) at the end of each round of voting, on a display in the Chambers. k) In the event of three successive rounds of voting with the same results, a deadlock shall be declared by the Chair and a draw by lot will be conducted by the Municipal Clerk, or designate. 1) Should the draw by lot be to fill a single vacancy when only two candidates remain, the candidate whose name is drawn shall be declared the successful appointee to the position. m) Should the draw by lot be to fill more than one vacancy, the Municipal Clerk, or designate, shall draw the number of names as there are vacancies. Each name drawn shall be declared a successful appointee to the position, and shall be announced prior to drawing the next name. n) Once voting is complete, a resolution shall be passed to make the appointments as was determined by the vote prior to proceeding to the next committee appointments; and 2.7 The procedures outlined in Sections 2.5 and 2.6 shall be followed for any appointment of councillor(s) to a board or committee, and any reference to staff recommendations shall not form part of the nominating process for councillors. REFERRED TO STAFF (See following motion) -13- 4 -13 General Purpose and Administration Committee Minutes October 17, 2011 Resolution #GPA- 612 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA- 611 -11, regarding the process for appointments to boards and committees, be referred to staff for a report. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2011 -28, BOWMANVILLE VALLEY PEDESTRIAN BRIDGE & TRAIL Councillor Novak declared a pecuniary interest regarding Report COD - 031 -11, concerning the Bowmanville Valley Pedestrian Bridge and Trail, as a member of her family works for one of the companies referenced in the report. Councillor Novak left the room and did not participate in discussions and voting on this matter. Resolution #GPA- 613 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD - 031 -11 be received; THAT Taylor Wakefield General Contractors Limited, Toronto, Ontario, with a total bid in the amount of $212,090.17 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011 -28, be awarded the contract for the Bowmanville Valley Pedestrian Bridge and Trail, as required by the Engineering Department; THAT the funds required in the amount of $263,539, which includes $212,090.17 for tendering plus contingency amount, engineering and materials testing and the Municipality's Net HST amount) be drawn from the following Engineering Department Capital Budget Accounts: 2011 — Bowmanville Valley Bridge & Trail 110 -32- 325 - 83257 -7401 $ 238,000.00 2011 — Nelson Parkette (unexpended funds) 110 -32- 325 - 83340 -7401 $25,539.00 ;and 4 -14 -14- $263.539.00 General Purpose and Administration Committee Minutes October 17, 2011 THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED Councillor Novak returned to the meeting at 12:41 p.m. EXTERNAL ENGINEERING SERVICES Councillor Novak declared a pecuniary interest in retendering of engineering work, as a member of her family works for one of the companies which may be considered. Councillor Novak left the room and did not participate in discussions and voting on this matter. Resolution #GPA- 614 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff report on the Tendering /Request for Proposal process for external engineering services. CARRIED Councillor Novak returned to the meeting at 12:42 p.m. FINANCE DEPARTMENT ACCOUNT SET -UP MANULIFE BANK OF CANADA Resolution #GPA- 615 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report FND- 022 -11 be received; and THAT the Chief Administrative Officer, Treasurer and Deputy Treasurer be the authorized signatories on the account with Manulife Bank of Canada and that a combination of two of the signatories may be authorized to sign agreements and other documents and deliver such instructions to the bank. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. -15- 4 -15 General Purpose and Administration Committee Minutes October 17, 2011 CHIEF ADMINISTRATIVE OFFICER Report CAO- 009 -11 was considered under the "Delegations" section of the Agenda. UNFINISHED BUSINESS There were no items considered under this section of the Agenda. OTHER BUSINESS There were no items considered under this section of the Agenda. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA- 616 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the meeting adjourn at 12:49 p.m. MAYOR 4 -16 CARRIED -16- DEPUTY CLERK DRAFT LIST OF DELEGATIONS GPA Meeting: October 31, 2011 (a) Frank Lockhart, Regarding the Fish By -pass Channel (b) Martin Vroegh, President, Clarington Board of Trade, Regarding Report CAO- 009 -11, Clarington Board of Trade Contract Renewal (c) James Reininger, Regarding PSD- 085 -11, To Redesignate the Property to Permit a Medium Density Residential Development (d) Scott Waterhouse, Regarding PSD- 085 -11, To Redesignate the Property to Permit a Medium Density Residential Development 6 -1 NOTICE OF COMPLETE, AND PUE Leadirg the Fray PUBLIC MEETING REPORT# PSD- 084 -11 1825284 Ontario Limited The Municipality of Clarington has received Complete Applications for a proposed Zoning By -law Amendment and Draft Plan of Subdivision. APPLICANT: 1825284 -Ontario Limited PROPERTY: Part Lot 12, Concession 2, Former Township of Darlington (the extension of Courtney and Gimbiett Streets in Bowmanville) PROPOSAL: The proposed Draft Plan of Subdivision would consist of between 54 and 66 single detached residential units, roads and related services. The exact number of units and lot widths would.be determined by market conditions. prior to registration. The proposed . amendment to the, Zoning By7.1aw would_ be appropriate to. permit proposed residential uses in a Draft Plan of Subdivision. FILE NOS.: Z5A2011 -0024 and S-C-201 1 -0001 A Public Meeting to receive input on the applications will be held on: DATE: Monday, October 31, 2011 TIME: 9:30 a.m. PLACE: Council Chambers, 2 "d Floor, Municipal Administrative Centre, .40 Temperance St., Bowmanville, Ontario Additional information relating to the applications is - available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the-Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, .Ontario U C 3A6, or by calling. Anne Taylor Scott (905) 623 - 3379,_ extension 2414 or by e- mail at ataylorscott @clarington.net. If .you cannot attend the Public Meeting on these applications you can make a deputation to Council at their meeting -on Monday, November 7, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, November 2, .2011 to have your name appear on the Agenda, If you wish to be notified of the decision in respect of the proposed plan of subdh4sion you must make a written request to the Municipality of Clarington, Planning Services Department. APPEAL If a person or public body does not make oral submissions at a" public meeting or make written submissions to the Municipality of Glarington, Planning Services Department before the by -law is passed; anchor before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body., 0 is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the `unicipality of Clarington this Da -rorne, M.0 LP., R.P.P. Director of Planning Services Municipality of Clarington Lt�kday of 2011 40 Temperance Street BowrnanVille, Ontario L1 C 3A6 ?it -_.-ems - -�s-�.- aax--�-�z.0 =-= �=�-'„ - , s4F� -Y '�.L; - -.4.� - .= .`•S�ti._l_�r: _.,.n -ai'�m z��-.. r...3.a-"�ti =i` _ - - - - :s.:2:�13 7 -1 (3OV-LNO2f3 W0'90 SiMn 9 NIW (3JV-LNMW INO'U) SIM 04 XVIN o 1332i1S 11319IN1J Q O. G✓ - 0z (3DVAINn IINn 9 MIN in (3OVANn 9 x-m �. C° ~ � Ww S4 xl8 z F F O00 9Lxns °O LLxl9 m ° N (3O S11Nn 9 NIW F F (3JVlINn oL wN z z < Q sL xl6 >> z� �.� ,a 61x19 w c':; o a m CO N xl8 m LrCJ z .D. Fz- CO 4Z xl8 (3JV1NDa� VWU) SANn Ll NIW :D (3OV-LN08=1 WO'Ol) SANn a XVW U [ZZ:Z�X:-12 xla 7 -2 I w ZD z w Q w J J J 0 U' oii�imtt� __ amm�mtnutn= _ liiiiini BE fill - - (3OV-LNO2f3 W0'90 SiMn 9 NIW (3JV-LNMW INO'U) SIM 04 XVIN o 1332i1S 11319IN1J Q O. G✓ - 0z (3DVAINn IINn 9 MIN in (3OVANn 9 x-m �. C° ~ � Ww S4 xl8 z F F O00 9Lxns °O LLxl9 m ° N (3O S11Nn 9 NIW F F (3JVlINn oL wN z z < Q sL xl6 >> z� �.� ,a 61x19 w c':; o a m CO N xl8 m LrCJ z .D. Fz- CO 4Z xl8 (3JV1NDa� VWU) SANn Ll NIW :D (3OV-LN08=1 WO'Ol) SANn a XVW U [ZZ:Z�X:-12 xla 7 -2 I w ZD z w Q w J J J 0 U' Clarftmn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report #: PSD- 084 -11 File #: S-C-201 1 -0001 AND ZBA 2011 -0024 Subject: APPLICATION FOR A PROPOSED DRAFT PLAN OF SUBDIVISION AND A ZONING BY -LAW AMENDMENT TO PERMIT UP TO 66 SINGLE DETACHED RESIDENTIAL UNITS APPLICANT: 1825284 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 084 -11 be received; 2. THAT the applications for a proposed Draft Plan of Subdivision (S-C-201 1-0001) and to amend Zoning By -law 84 -63 (ZBA 2011 -0024) continue to be processed, including the preparation of a subsequent report considering all agency comments and comments received at the Public Meeting; and 3. THAT all interested parties listed in Report PSD- 084 -11 and any delegations be advised of Council's decision. Submitted by: id 4rq MCIP, /ice�s/ i ector of Planning Se ATS /C P /av /df October 24, 2011 Reviewed by: 0 Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 -1 REPORT NO.: PSD- 084 -11 1. APPLICATION DETAILS 1.1 . Applicant/Owner: 1825284 Ontario Limited (City Homes) 1.2 Agent: D.G. Biddle & Associates Limited Paae 2 1.3 Proposed Draft Plan of Subdivision: To permit the development of up to 66 single detached dwelling lots, part lots for future development, roads, and 0.3 metre reserves. 1.4 Proposed Zoning By -law Amendment: To rezone the subject lands from Agriculture "A ", to appropriate zones, to implement the proposed draft plan of subdivision. 1.5 Area: 4.38 ha (10.7 acres) 1.6 Location: Part Lot 12, Concession 2, Former Township of Darlington (Extension of Courtney and Gimblett Streets, Knox Neighbourhood, Bowmanville) 2. BACKGROUND 2.1 The subject applications for a draft plan of subdivision and rezoning were deemed complete on September 21, 2011. 2.2 The subject lands are located within north Bowmanville and can be considered infill as the surrounding residential neighbourhood is mostly developed. 2.3 The proposed draft plan of subdivision contains roads that would assist in completing the network for the neighbourhood. The proposed plan differs from most plans of subdivision applications received in Clarington since the majority of the lots are not explicitly shown on the plan but are represented by blocks that accommodate a minimum and maximum number of units based on varied lot frontages subject to satisfying the zone requirements. The exact number of units and lot widths would be determined by market conditions prior to registration. 2.4 A number of studies have been submitted in support of the applications, including; • Geotechnical Investigation • Record of Site Condition • Noise Impact Study • Phase 1 -3 Archaeological Assessment • Conceptual Servicing Report • On- street Parking Plan 8 -2 REPORT NO.: PSD- 084 -11 Page 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is relatively flat with some vegetation, and vacant of structures. 3.2 The surrounding uses are as follows: North - Draft approved residential lots within a plan of subdivision (North Glen East S -C- 2007 -0005) South - Single detached residential units with a registered plan of subdivision East - Single detached residential units within a registered plan of subdivision West - Vacant lands designated for low and medium density residential development (previously subject to a draft approved plan of subdivision — conditions of approval have recently lapsed) 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns within settlement areas shall be based on the efficient use of land, infrastructure and other public services, such as public transit. Opportunities for intensification and redevelopment shall be identified and promoted. A land use pattern, density and mix of uses should be promoted to minimize vehicle trips and support transportation choices. Natural features shall be protected for the long term. 4.2 Growth Plan The Growth Plan provides a framework for accommodating growth in existing built up areas, through intensification and redevelopment, and within greenfield areas. The subject Draft Plan of Subdivision is within a greenfield area. New development in greenfield areas are to be complete communities with access to a mix of jobs, services, housing, school recreation and open space that is easily accessed through various modes of transportation. The greenfield area of each upper -tier municipality will be planned to achieve a minimum density target that is not less than 50 residents and jobs combined per hectare. Major growth is to be directed to areas serviced by existing or planned municipal infrastructure, such as water and sewer services. Natural heritage features that complement, link or enhance natural systems shall be identified and protected. 8 -3 REPORT NO.: PSD- 084 -11 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan Page 4 Within the Durham Regional Official Plan, the lands are designated as Living Area, with an indication of Key Natural Heritage and Hydrologic Features. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The natural environment, including Key Natural Heritage and Hydrologic Features, shall be given paramount consideration in light of their ecological functions and scientific, educational and health values. In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: • A compact urban form; • The use of good urban design principles; • The provision of convenient pedestrian access to public transit, educational facilities and parks; • A grid pattern of roads; • The provision and distribution of parks, trails, pathways and educational facilities; • The types and capacities of the existing municipal services, infrastructure and the feasibility of expansion; and • The balance between energy efficiency and cost. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated Urban Residential. The use of land in the Urban Residential designation is predominantly for single and semi detached housing with a net density no greater than 30 units per net hectare. The lands are within the Knox Neighbourhood of the Bowmanville Urban Area, which has a population allocation of 5350 and a housing unit target of 1950. Map C1, Natural Heritage System indicates that a portion of the site falls within the Lake Iroquois Beach. No other significant natural heritage features occur on the property. An Environmental Impact Study (EIS) is required for development applications located on lands within or adjacent to the Lake Iroquois Beach and /or, any natural heritage feature identified on Map C1. Prior to municipal approval of any draft plan of subdivision, the Municipality will prepare a subwatershed plan. Where a master drainage plan (MDP) has been approved, the master drainage plan will substitute for the requirement of a subwatershed plan. The Northwest Bowmanville Master Drainage Study was prepared for the Bowmanville Creek and includes consideration of the subject lands. 8 -4 REPORT NO.: PSD- 084 -11 Page 5 6. ZONING BY -LAW 6.1 Zoning By -law 84 -63 zones the subject lands Agricultural (A). 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and three (3) public meeting signs were installed along Concession Road 3, Courtney Street, and Gimblett Street. 7.2 As of the date of writing this report, staff has received one telephone inquiry from an individual who had general questions relating to the development. 8. AGENCY COMMENTS 8.1 The Central Lake Ontario Conservation Authority has no objections to the proposed development. Stormwater management techniques were considered for these lands through the preparation and approval of the Northwest Bowmanville Master Drainage Study. Detailed grading, erosion and sediment controls will be considered during the detailed design of the subdivision. CLOCA has provided appropriate conditions of approval. 8.2 The Region of Durham has highlighted that the lands are within a 'designated greenfield area' and the overall area should have a density target of not less than 50 residents and jobs per hectare. The Noise Impact Study must be implemented through the subdivision agreement. The Region's natural heritage mapping indicates a small key natural heritage feature on the lands therefore CLOCA should be circulated for comments. The lands can be suitably serviced with water and sanitary sewer however the Region highlights the capacity limitations at the Port Darlington Water Pollution Control Plant and notes the completion date at the end of 2013. The Region has provided appropriate conditions of approval. 8.3 The Kawartha Pine Ridge District School Board requests that public sidewalks be included on all roads within the plan of subdivision. 8.4 Enbridge, Bell, Veridian, Rogers, Durham Regional Transit, Durham Regional Health offer no objections. 9. STAFF COMMENTS 9.1 The subject lands are within the Bowmanville urban area and are designated for residential development. The lands can be serviced by the extension of water, sanitary sewer and storm sewer services from the south. Although currently there is a capacity constraint in the sanitary system. 8 -5 REPORT NO.: PSD- 084 -11 Page 6 9.2 The proposed plan of subdivision would be a logical extension of development and street patterns that exists to the east and to the south. Over time, the subject draft plan would be further connected to another vacant 10 acre parcel to the west to complete development in this corner of the neighbourhood. 9.3 While the design of the proposed draft plan is fixed from a transportation perspective, the unit mix could be further refined to provide a greater unit mix and to achieve densities in keeping with the Growth Plan and the provincial target of 50 residents and jobs per hectare across the broader greenfield area. This will be discussed in further detail with the applicant and their agents. 9.4 Clarington Engineering Services provided comments that must be satisfied prior to recommending approval of the proposed draft plan of subdivision. Comments will be summarized for the applicant and shall be resolved prior to any recommendation to approve the subject applications. The comments from Engineering Services relate to the following: • Traffic study and road improvements; parking and driveway locations • Grading and drainage to be reviewed in the context of the surrounding developments and the Northwest Bowmanville Master Drainage Study • Reimbursement with respect to existing front ending agreements for oversized storm sewer and stormwater management works • Cash -in -lieu of parkland required 9.5 Clarington Operations and Clarington Building have no objections. 10. CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 The purpose of this report is to satisfy the requirements under the Planning Act for Public Meetings and taking into consideration the outstanding agency comments; staff respectfully request that these applications continue to be processed including the preparation of a subsequent Report. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Attachment 2 - AM Key Map Proposed Draft Plan of Subdivision REPORT NO.: PSD- 084 -11 List of interested parties to be advised of Council's decision: 1825284 Ontario Limited (City Homes) c/o Jamie Maclnnis Glenn Genge, D.G. Biddle & Associates Ltd. Bill Creamer, D.G. Biddle & Associates Ltd. Paae 7 8 -7 Attachment 1 To Report PSD- 084 -11 IF Z � un3»ao�xv i 133a1s1N39aV > c L 3�63VJ a 1N3�63 D �, = c O E 0 0 a�33a ivaoMlro N r '; U m $ � CD C. 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LU If] ------------ 9zj V] 7 P1 ----------- 20D 3sw I ------------ ...... -------------- REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report #: PSD- 085 -11 File #:COPA 2011 -0005 Subject: TO REDESIGNATE THE PROPERTY TO PERMIT A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT APPLICANT: 672003 ONTARIO LIMITED (ADALAN DEVELOPMENT CORPORATION) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 085 -11 be received; 2. THAT proposed Amendment No. 82 to the Clarington Official Plan, in response to an application submitted by 672003 Ontario Limited (Adalan Development Corporation) , be adopted and the necessary By -law contained in Attachment 3 be passed; 3. THAT the Region of Durham and Municipal Property Assessment Corporation (MPAC) be informed of Council's decision; and •4. THAT all interested parties listed in Report PSD- 085 -11 and any delegations be advised of Council's decision. Submitted by: i Reviewed by: id J. Cr e, MCIW, RPP Franklin Wu, rector of Planning Services Chief Administrative Officer TW /C P /av /df 25 October 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 -10 REPORT NO.: PSD- 085 -11 1. APPLICATION DETAILS PAG E 2 1.1 _ Applicant/ Owner: 672003 Ontario Limited (Adalan Development Corporation) 1.2 Clarington Official Plan Amendment: Amend Map H2 by changing the population of the West Town Centre from 4300 to 4450. Amend Table 9 -2 by increasing the housing target of the Bowmanville West Town Centre Neighbourhood as follows: i. 350 medium density units to 400; and ii. amend all corresponding totals. Amend Map A "Land Use Bowmanville West Town Centre" by: i. amending the designation on the subject lands from "Community Facility" to "Medium Density Residential ". 1.3 Area: 0.93 hectares 1.4 Location: North East corner of Clarington Boulevard and Stevens Road, Bowmanville (Attachment 1). 2. BACKGROUND 2.1 On June 30, 2011, 672003 Ontario Limited (Adalan Development Corporation) submitted an application to amend the Clarington Official Plan to permit 50 additional medium density units within the Bowmanville West Town Centre on the subject lands. The application was deemed complete on July 15, 2011 upon completion of outstanding sections of the application form. 2.2 The application is similar to application COPA2007 -0012 which was approved on the property immediately east of the subject lands, in June 2008 as Amendment No. 62 to the Clarington Official Plan. COPA2007 -0012 stemmed from a Council Resolution in June 2007, where an agreement was reached to purchase lands from 821013 Ontario Limited (William Tonno Construction Limited) for the extension of Stevens Road. In exchange Council expressed its intent to approve an amendment to the Official Plan to designate the lands for residential purposes. When COPA2007 -0012 was dealt with, Staff attempted to contact the owner of the lands subject to the current application but received no response. Therefore these lands were not re- designated similar to the surrounding lands. 2.3 The applicant has submitted a Planning Rationale in support of the application. 8 -11 REPORT NO.: PSD- 085 -11 3. LAND CHARACTERISTICS AND SURROUNDING USES PAGE 3 3.1 The property is a vacant, flat parcel of land. 3.2 The surrounding uses are as follows: North - Brookhill Tributary, rural residential, agricultural crops South - Commercial (Clarington Place Cinemas) and recreational (Baseball diamonds associated with Garnet B. Rickard Recreation Complex); East - Vacant land, Regional Road 57, and estate residential; and West - Clarington Boulevard, and Clarington Central Secondary School. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement 4.1.1 The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential; employment, recreational and open space uses to meet long term needs. 4.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 4.1.3 The Housing Policies, state that Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 4.1.4 The application is consistent with the 2005 Provincial Policy Statement as it is proposing the development of medium density housing. The subject lands are adjacent to the existing built -up area and will make use of existing infrastructure and public service facilities. 4.2 Provincial Growth Plan 4.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit - supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian - friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. The Provincial Growth Plan has set a minimum density target that is not less than 50 residents per hectare in the designated Greenfield area. This proposal exceeds this minimum requirement. The application would appear to conform to the Provincial Growth Plan. 8 -12 REPORT NO.: PSD- 085 -11 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan PAGE 4 Within the Durham Regional Official Plan, the lands are designated as Main Central Area. This designation encourages the creation of people oriented places, a concentration of activities and the highest densities within urban areas. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated as "Town Centre ". "Town Centres" shall be developed as the main concentrations of urban activity and provide a fully integrated array of retail and personal service, office, residential, cultural and community recreational and institutional uses. Map C identifies Significant Valley Lands associated with a Brookhill Tributary adjacent to the subject lands. Lands within or adjacent to a feature identified on Map 'C' are required to undergo an Environmental Impact Study prior to development. Map 'B' identifies Stevens Road as a Collector Road. 5.2.1 The subject site is within the Bowmanville West Town Centre Secondary Plan. The subject lands are designated as "Community Facility ". The objectives of the Secondary Plan are to provide for housing opportunities at medium and high densities to meet the changing housing requirements in Clarington. The Secondary Plan also requires a connected grid of public and private streets to enhance movement and access, options to reduce congestion and improve emergency access. 5.2.2 The West Town Centre has a population allocation of 4300 and a housing target of 1850, being 350 medium density units and 1500 high density units. The Official Plan amendment proposes to increase the housing target by 50 medium density units, to 400 units. This provides a density of 54 units per hectare, on the subject lands, which is consistent with the medium density range specified in the Official Plan. 6. ZONING BY -LAW 6.1 Zoning By -law 84 -63 zones the subject lands Agricultural (A) Zone and Environmental Protection (EP) Zone, recognizing the Brookhill Tributary. In order for development to proceed on these lands an application for rezoning is required. 7. PUBLIC MEETING AND SUBMISSIONS 7.1 The statutory Public Meeting was held on September 12, 2011. No one appeared in support or in opposition of the proposed Official Plan Amendment and no one has contacted the Planning Services Department since the meeting. 8 -13 REPORT NO.: PSD- 085 -11 PAGE 5 7.2 As of the date of writing this report, there have been no inquires. 8. AGENCY COMMENTS 8.1 The Kawartha Pine Ridge District School Board have no objections to the Official Plan Amendment. The Board has requested that the applicant pay a proportionate share of the extension costs for Clarington Boulevard, which they had paid when they developed Clarington Central Secondary School. 8.2 The Region of Durham Planning Department have advised that the proposed medium density residential use is permitted within the Regional Centre designation, and generally conforms to the Regional Official Plan. The proposal to increase the population of the West Town Centre and medium density housing targets appears to conform to the Growth Plan, as it would contribute towards the 50 residents and jobs combined per hectare density target. The proposal appears to be consistent with the Provincial Policy Statement as it provides for residential intensification within the settlement area. As per Regional and Provincial procedures, a signed site screening questionnaire by a qualified person will be required to assess site contamination potential on the subject lands. If site contamination potential is identified, an Environment Site Assessment report will be required to be submitted to the Regional Planning Division for review. Further, an acknowledgement letter indicating the filing of a Record of Site Condition (RSC) to the Ministry of the Environment will be required to be submitted to the Regional Planning Division for review and approval. The site has been identified as having Archaeological potential. An Archaeological Assessment will be required to be submitted to the Ministry of Culture for review and approval. The assessment can be submitted through subsequent development applications on the subject lands. Municipal water supply and sanitary sewers are available from the 300 mm watermain and 600 mm sanitary trunk sewer on Clarington Boulevard. There is currently a sewage capacity constraint at the Port Darlington Water Pollution Control Plant (WPCP). Sanitary capacity is dependent on the completion and operation of the Port Darlington WPCP expansion. The Region is committed to this expansion, and is anticipating the tender for this project to be ready by the end of 2011 to early 2012. Construction will commence shortly thereafter. The anticipated commissioning of the Port Darlington WPCP expansion is late 2013. In accordance with Regional By -law 11 -2000 the Official Plan amendment application is exempt from Regional Approval. 8.3 The Central Lake Ontario Conservation Authority has no objections in principle to the Official Plan amendment to change the use. 8 -14 REPORT NO.: PSD- 085 -11 PAGE 6 The subject parcel is adjacent to the Brookhill Tributary which was studied through the Brookhill Sub - watershed Study. This sub - watershed study has identified various natural hazard and heritage features to be respected within this sub - watershed. Generally, these features are required to be identified on the subject lands through site specific studies. In this area, the Brookhill Tributary exists immediately to the north of the property as well as its associated regulatory floodplain. The floodplain appears to be confined to the valley and does not appear to extend onto the subject property. There is also an Ecological Land Classification (ELC) wetland that has been identified within the valley of the tributary. An Environmental Impact Study (EIS) has recently been completed in this vicinity in relation to a separate project. The EIS confirmed the presence of the wetland feature to the north of the property within the Brookhill Tributary valley and identified the need for a 10 metre setback from the top of bank to protect the creek and associated ELC wetland. In lieu of completing a site specific EIS for this property, the site should be designed to maintain a 10 metre setback from the top of the bank along the north section of the property to remain free of any development activity. 9. STAFF COMMENTS 9.1 In March, 2006, Council approved Amendments 43 and 44 to the Clarington Official Plan for the implementation of the recommendations of the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. As part of the review, Totten Sims Hubicki (now AECOM) provided Transportation recommendations which, among other things, recommended the extension of Stevens Road, between Regional Road 57 and Green Road. The Stevens Road extension was proposed as a Durham Highway 2 bi -pass to serve the proposed commercial development within the Bowmanville Town Centre. The result of Stevens Road is an improved grid road pattern to facilitate traffic movement. 9.2 The Stevens Road extension is generally located on the unopened Concession 2 road allowance. However, a portion of the skateboard park is located on the road allowance. To avoid the cost of relocating the skateboard park and to save a number of mature trees growing on a section of the unopened road allowance, it was necessary to relocate a portion of the proposed alignment to the north. The relocation required the acquisition of land from the owner to the north, 821013 Ontario Limited (William_ Tonno Construction Ltd). 9.3 In consideration of the land acquisition from 821013 Ontario Limited (William Tonno Construction Ltd.) for Stevens Road, and the fact that the Municipality had acquired 24 ha of land on the south side of Baseline Road for Community facilities, it was decided that the Municipality would not pursue the size of Community Park originally proposed north of the Garnet B. Rickard Recreation Complex. As such, the Municipality agreed to support an application to redesignate a portion of the Tonno lands from Community Facility to Medium density residential. 8 -15 REPORT NO.: PSD- 085 -11 PAGE 7 9.4 In order for development to proceed on these lands, consistent with the proposed Official Plan Amendment, an application for rezoning and site plan approval is required. The Region of Durham Planning Department's requirements to assess site contamination potential will be dealt with at that time. The applicant has not advised staff when they wish to proceed with the further development of these lands and have not provided details for the site. 9.5 As noted in Section 2, the Owner of the lands subject to the current application did not express an interest in the Tonno Official Plan Amendment and attempts to contact them directly were unsuccessful. The current application will redesignate a small area within the Town Centre currently designated Community Facility, but not connected to the municipal park. 9.6 Through the development process for the Clarington Central Secondary School, the Kawartha Pine Ridge District School Board was required to dedicate 0.121 hectares of land for parkland at the north east corner of Clarington Boulevard and Stevens Road. This parcel is immediately to the south of the subject property (see Attachment 1). It is recommended that the designation of this parcel also be amended from "Community Facility" to "Medium Density Residential" as the size and location would not be appropriate for park development. Given the minor nature of this modification to the proposed amendment contained in Attachment 3, it is not necessary to hold another Public Meeting. 9.7 Clarington Operations Services, Clarington Community Services, Clarington Emergency Services and Clarington Engineering Services offered no objection to the proposed Official Plan amendment. Clarington Engineering Services provided comments that must be satisfied as part of site plan approval. The comments will be provided to the applicant to be addressed as part of the future development on the subject lands. 9.8 The Finance Department advises that the property taxes are paid in full. 10. CONCURRENCE: Not Applicable 11. CONCLUSION 11.1 In consideration of the comments received from the circulated agencies, as well as the staff comments, it is recommended that the application to amend the Clarington Official Plan be APPROVED and that the By -law adopting the Amendment be ADOPTED. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Tracey Webster, Senior Planner REPORT NO.: PSD- 085 -11 Attachments: Attachment 1 - Key Map Attachment 2 - Amendment No. 82 to the Clarington Official Plan Attachment 3 - By -law to Adopt Amendment No. 82 List of interested parties to be advised of Council's decision: Dana Gilbert, Planning Project Manager, Sernas Associates James Reininger, Adalan Development Corporation 8 -17 PAGE 8 Attachment 1 To Report PSD- 085 -11 a E a O C E CO a O Q C � fiS T a. O CD N '0 v �° o p.0 J � c o 0 CD a o o GAIS NOISNINVIO 0 J m Z W > W N Attachment 2 To Report PSD- 085 -11 AMENDMENT NO. 82 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to re- designate the existing "Community Facility" designation with "Medium Density Residential" north of Stevens Road and directly east of Clarington Boulevard in the Bowmanville West Town Centre Secondary Plan and to increase the population and medium housing density housing target for the Bowmanville "West Town Centre neighbourhood in the Municipality of Clarington Official Plan. LOCATION: The subject site is located north of Stevens Road, east of Clarington Boulevard, in Bowmanville, within Part of Lot 16, Concession 2, in the Municipality of Clarington. BASIS: This amendment is based upon an Official Plan Amendment application filed by 672003 Ontario Limited, which seeks to re- designate the existing Community Facility designation as Medium Density Residential. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1) By amending Map H2 — Neighbourhood Planning Units, Bowmanville Urban Area, as indicated on Exhibit "A" attached to this amendment as follows: changing the population of the West Town Centre from 4300 to 4450; and 2) By amending Table 9 -2 — Housing Targets by Neighbourhood, as indicated by: a. Adjusting the housing targets for the Bowmanville West Town Centre Neighbourhood (N2) as follows: • Housing Units Medium from "350" to "400" Total from 1850" to "1900" b. Adjusting the Total Bowmanville'Housing Target from "23325" to "23375 "; and c. Adjusting the Total Medium Density Housing Units from "5225" to "5275 ". The appropriate lines to Table 9 -2 read as follows: Table 9.2 House Tar efs b Nei hbourhoods Urban Area Neighbourhoods . Housing Units Low Medium 'High Intensification Total Bowmanville West Town Centre 0 400 1500 0 1900 Total 13075 5275 3225 1800 23375 8 -19 3) By amending the Bowmanville West Town Centre Secondary Plan as shown on Exhibit "B" attached hereto and forming part of the Amendment. IMPLEMENTATION: The provisions set-forth in the Municipality of Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. e Exhibit "A", Amendment No. 82 To The Municipality of Clarington Official Plan, Map H2, Neighbourhood Planning Units, Bowmanville Urban Area 1 - - 10 1 NORI G (( 00) `s 0 200 400 600 800 m 200 m 1 CONCESSION ROAD 3 4 1 � KNOX FEW 1 (535) (5500 a z 0 Lj a � � 1 it w in rn 11 J O 1 BROOKHILL ELGIN 6- (3900) x(3900) APPLE BLO SOM o (4750 1 0 °a 1 4 CONCESSION STREET 2 KING ST. CENTRAL (2000) 5 1 1 1 2 TO CENTRE EAST �N (60) SEY m 5 I I CENTRE DARLINGTON i4�o) N, a 13 o WE A (47 C 1 w 1 w W 8 -21 Change Population I From "4300" To "4450" 15 ROAD I _1 I a °1 tl Z I W LAKE O/t/TAR /O " MAP 1-12 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON URBAN BOUNDARY JANUARY 1. 2010 REFER TO SECTIONS 5 AND 9 NEIGHBOURHOOD BOUNDARY THIS CONSOUMON IS PROVIDED FOR CONVENIENCE ONLY (1000) POPULATION AND REPRESENTS REQUESTED HODIFlcxnoNS AND APPROVALS Exhibit "S", Amendment No. 82 To The Municipality of O|ar |n gton Official Plan, Map S3,Bowmanvl |e West Town Centre Secondary Plan � U §% §B i d 4 . A w ■ § § $ . a § w LL. § _� § ) M a \ {\ § § 8 §z o § » « 2 mpz§ % m§ ' z z § §§ « *K § # « § ®E 2@ 21 m o § 2 _ § § w B■ �m § E b o a W km S 2 .S q m §�u�s� 0 0 0 U e M H N P 077, e� M � § � e � , � - � � 5 -22 Attachment 3 To Report PSD- 085 -11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011- being a By -law to adopt Amendment No. 82 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O., 1990, as amended, authorizes the Municipality of Clarington to pass By -law for the adoption or repeal of Official Plans and Amendments thereto, AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington' Official Plan to permit a Medium Density Residential designation with the Bowmanville West Town Centre; NOW THEREFORE IT BE ENACTED that Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 82 to the Clarington Official Plan being attached Explanatory Text is hereby adopted. 3. That this By -law shall come into'force and take effect on the date of the passing hereof. BY -LAW read a first time this day of 2011 BY -LAW read a second time this day of 2011 BY -LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -23 • Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: N/A Report #: PSD- 086 -11 File #: A2011 -0032 to A2011 -0038 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 13, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 086 -11 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on October 13, 2011 for applications A2011 -0032 to A2011 -0038; 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A2011 -0032 to A2011 -0037; and 4. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on October 13, 2011, for application A2011 -0038 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original position. Submitted by: Reviewed by: David J. , rome, MCIP, RPP Director of Planning Services MM /CP /df /av 24 October, 2011 Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 8 -24 REPORT NO.: PSD- 086 -11 1. APPLICATION DETAILS PAG E 2 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary- Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR October 13, 2011 Application Number. Staff Recommendation Decision of Committee A2011 -0032 Approve Approved A2011 -0033 Approve Approved A2011 -0034 Approve Approved A2011 -0035 Approve Approved A2011 -0036 Approve Approved A2011 -0037 Approve Approved A2011 -0038 Deny Approved 1.2 Applications A2011 -0032 to A2011 -0035 were filed to permit the construction of single detached dwellings by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 meters. The Committee concurred with Staff's recommendations and approved the applications. 1.3 Application A2011 -0036 was filed to permit an existing dine -in eating establishment accessory to an existing take -out eating establishment, in addition to the other uses permitted on the subject property. Staff recommended that the application be approved as the dine -in eating establishment had existed for 10 years prior to the application being submitted and no detrimental impacts have been observed or reported within the neighbourhood as a result of the restaurant. The Committee concurred with Staff's recommendation and approved the application. 1.4 Application A2011 -0037 was filed to give relief to an existing agricultural building by reducing the minimum required interior side yard setback from 15 metres to 6.2 metres, in order to fulfill the conditions of a related application to the Land Division Committee. The Committee concurred with Staff's recommendations and approved the applications. 1.5 Application A2011 -0038 was filed to permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 metres to 12.5 metres. Staff recommended that the application be denied as it does not meet the intent of the Zoning By -law and would be detrimental to the character of the 8 -25 REPORT NO.: PSD- 086 -11 PAGE 3 neighbourhood. The height of the proposed single detached dwelling would be significantly taller than the existing neighbouring bungalows along the street. The Committee did not concur with Staff's recommendation and approved the application as applied for. 2. COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011 -0032 to A2011- 0037 and are satisfied that they are in conformity with both Official Plan policies, consistent with the intent of the Zoning By -law, minor in nature and desirable. 2.2 Council's concurrence is required with staff's opinion that an appeal by the Municipality on the decision made by the Committee of Adjustment on October 13, 2011 for application A2011 -0038 is not warranted; and Council's authorization is required in order to afford staff official status before the Ontario Municipal Board to defend its original recommendation. 2.3 Staff do not consider the variance to increase the maximum permitted height of the proposed dwelling to be in keeping with the intent of the By -law or desirable for the appropriate development of the neighbourhood. However, none of the neighbours raised any concerns with the application and the impact of the Committee's decision will be limited to the area immediately surrounding the subject lot; therefore an appeal by the Municipality of the Committee's decision is not warranted. 3. CONCURRENCE: Not applicable CONFORMITY WITH STRATEGIC PLAN — Not applicable Staff Contact: Nicole Granzotto, Junior Planner Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (October 13, 2011) MW lar� n Leadizzg the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HALLOWAY HOLDINGS LIMITED OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 110 HOCKLEY AVENUE, BOWMANVILLE FILE NO.: PURPOSE: PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2011 -0032 Attachment 1 To Report PSD- 086 -11 To permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres as it meets the intent of the Official Plans and Zoning By -law, is minor in nature, and not detrimental to the neighbourhood. DATE OF DECISION: . October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 8 -27 1 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HALLOWAY HOLDINGS LIMITED OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 95 HOCKLEY AVENUE, BOWMANVILLE FILE NO.: PURPOSE: PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2011 -0033 To permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres as it meets the intent of the Official Plans and Zoning By -law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 Clarin2ton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HALLOWAY HOLDINGS LIMITED OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 94 HOCKLEY AVENUE, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2011 -0034 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 45 metres as it meets the intent of the Official Plans and Zoning By -law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 8 -29 1 ar Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HALLOWAY HOLDINGS LIMITED OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 111 HOCKLEY AVENUE, BOWMANVILLE FILE NO.: PURPOSE: PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2011 -0035 To permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 4.5 metres as it meets the intent of the Official Plans and Zoning By -law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 8 -30 1�.� n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: U GARDEN CHINESE CUISINE OWNER: SANDRA MUTCHMOR PROPERTY LOCATION: 2 GLENABBEY DRIVE, COURTICE PART LOT 35, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011 -0036 PURPOSE: To permit the existing dine -in eating establishment accessory to an existing take -out eating establishment, in addition to the other uses permitted on the subject property DECISION OF COMMITTEE: To approve the application to permit the existing_ dine -in eating establishment accessory to an existing take -out eating establishment, in addition to the other uses permitted on the subject property, as it meets the intent of the Official Plans and Zoning By -law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 8 -31 la�� n Leadi�tg the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DAVE KIRK OWNER: .ALFRED HARNESS PROPERTY LOCATION: 3858 CONCESSION RD 5, CLARKE PART LOT 21 & 22, CONCESSION 5 FORMER TOWNSHIP OF CLARKE FILE NO.: A2011 -0037 PURPOSE: To give relief to an existing agricultural building by reducing the minimum required interior side yard setback from 15 metres to 6.2 metres, in order to fulfill the conditions of a related application to the Land Division Committee. DECISION OF COMMITTEE: To approve the application to give relief to an existing agricultural building by reducing the minimum required interior side yard setback from 15 metres to 6.2 metres, in order to fulfill the conditions of a related application to the Land Division Committee, as it meets the intent of the Official Plans and Zoning By -law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 8 -32 1' arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: IOLA CONFORTI OWNER: IOLA CONFORTI PROPERTY LOCATION: 19 BICE COURT, SOLINA PART LOT 25, CONCESSION 6 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011 -0038 PURPOSE: To permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 metres to 12.5 metres. DECISION OF COMMITTEE: To approve the construction of the single detached dwelling by increasing the maximum permitted height from 10.5 metres to 12.5 metres as it conforms to the intent of both Official Plans and Zoning By -law, is minor in nature and is not detrimental to the character of the neighbourhood. DATE OF DECISION: October 13, 2011 LAST DAY OF APPEAL: November 2, 2011 8 -33 Cladiwa REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: ESD- 015 -11 File #: Subiect: NEWCASTLE FIRE HALL #2 — RELOCATION AND CONSTRUCTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD- 015 -11 be received for information. I Submitted by: d,4-, ww Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services GwAm Reviewed by. /G ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 11 -1 REPORT NO.: ESD- 015 -11 1.0 BACKGROUND AND COMMENT PAGE 2 "1.1 At the May 31, 2010 Council meeting, Resolution #GPA -318 -10 was approved. This resolution approved the Rudell Road site for the Newcastle Fire Hall and also authorized staff to proceed with the Request for Proposal for an architect/design consultant to initiate the detailed design. 1.2 Subsequently, the design services contract was awarded to ZAS Architects Inc., Toronto. Meetings with the municipal project team and the Architects commenced and the hall design began to develop. ZAS was asked by the project team to attend the February 7, 2011 GPA meeting to provide an update to Committee on the project and present the proposed design of the building. In addition Report ESD- 003 -11 was provided for information. 1.3 At the March 7, 2011 Council meeting, Resolution #C- 132 -11 was approved. This resolution referred Report ESD- 003 -11 back to staff asking for a subsequent report addressing a) The cost implications of constructing the fire station at #3333/ #3355 Highway 2 versus 1780 Rudell Road; b) A traffic study on Rudell Road to determine the viability of locating a fire station at the 1780 Rudell Road site; and c) Possible construction timelines for both locations. Later at the same meeting Resolution #C- 136 -11 was passed approving the design of the building as proposed by ZAS Architects Ltd. 2.0 ANALYSIS 2.1 The project team identified the following items that would be necessary to provide the information as requested by Council: a) Legal Survey on #3333 and #3335 Highway 2 b) Building Fit Analysis — including discussions with Ganaraska Region Conservation Authority C) Geotechnical Investigation of the properties d) Phase I Environmental Assessment e) Traffic Study D Phase II Environmental Assessment g) Cost implications summary 2.2 Legal Survey In order to proceed with the investigative work for the Highway 2 site, a topographical survey was completed for both # 3333 and # 3355 Highway 2. It was completed by Ivan B. Wallace Ontario Land Surveyors Ltd. 11 -2 REPORT NO.: ESD- 015 -11 2.3 Building Fit Analysis PAGE 3 The project team had ZAS Architects review the Highway 2 site to determine the feasibility of re- locating the proposed building on this property. After an analysis of the site including discussions with Ganaraska Region Conservation Authority, the existing building footprint could fit onto the property at #3333 Highway 2. Please see Attachment #1 — Aerial photo of property #3333 Highway 2 and Attachment #2 — Building Fit Analysis. 2.4 Geotechnical Investigation Another component of the site analysis was a geotechnical report completed in August 2011 by McClymont & Rak Engineers Inc. This analysis included an investigation of native soils, groundwater and other site conditions that may affect the design and construction of the fire hall. The results of this analysis indicated the site would be suitable for construction. 2.5 Phase I Environmental Assessment McClymont & Rak also completed a Phase I Environmental Site Assessment in August 2011. The scope of work included a visual examination of the site, a review of land use registry and a search of public records for the site and surrounding areas to determine activities that may have been a source of contamination to the site. Although the historic review could not find any indication the site had previously been developed, there is evidence on site of fill material that had been placed previously. The report identified three separate areas on site and this resulted in a recommendation to complete a further environmental investigation. Subsequent to receiving the report, municipal staff was made aware of the possibility that a gas station /garage was being operated on this property in the 1950's. Although the official search of records did not confirm this, the possibility of its existence supports the consultant's recommendation to complete further investigation on the site. 11 -3 REPORT NO.: ESD- 015 -11 2.6 Traffic Study PAGE 4 Dillon Consulting Ltd was retained to complete a traffic assessment and geometric review of the proposed fire hall location on Highway 2. The review included; site traffic estimates; background traffic estimates; site access review (including turn lane requirements); signage options for traffic safety; and traffic impact mitigation recommendation, where required. In addition, Engineering staff scheduled a traffic count to be completed for the intersection at Rudell Road and Highway 2. This study was completed on September 7, 2011 between the hours of 7:OOam and 6:OOpm. Dillon was asked to review and comment on the results of this traffic count. They observed the 2011 count indicated lower traffic volumes along Highway 2 in the A.M. and P.M. peak hours than was found in a similar study in May 2009. It should also be noted that although the traffic count numbers were down from the 2009 study, the consultant maintains that both sites are viable, noting that a number of enhancements are required with Option B. 2.7 Phase II Environmental Assessment As identified by McClymont & Rak in the Phase I assessment, additional investigation is required in order to proceed with development on this site. At this point no action has been taken on this item, however the cost estimates associated with the Phase II work as well as estimated soil remediation costs have been provided in the cost implications summary for the relocation of fire hall to the Highway 2 site. In order to maintain the proposed project schedule, staff is recommending approval to waive the Purchasing By -law in order to award a contract to complete this study. The estimate to complete this work exceeds the limit staff has to authorize an award and would require reporting back to Council prior to proceeding. 11 -4 REPORT NO.: ESD -015 -11 2.8 Cost Implications Summary PAGE 5 The following chart identifies the estimated costs associated with the relocation of the fire hall to the Highway 2 site. Optional items 1 Future cost for permanent sewer connection to $40,000.00 Estimated Required items Cost 1 Water main extension to fire hall $63,000.00 2 Highway 2 lane reconfiguration $229,000.00 3 Geotechnical Survey /Phase I Assessment $11,000.00 4 Topographic Survey $6,000.00 5 Architectural Work — additional design work for $49,000.00 new site, added cost to prepare new application for site plan approval 6 Storm Water Pond $50,000.00 7 Utility relocation costs at entrance to fire hall $75,000.00 8 Septic System $50,000.00 9 Phase II Environmental Assessment $45,000.00 10 Site Mitigation (pending results of Phase II) $100,000.00 Sub -total $678,000.00 Net HST $11,932.80 Total required $689,932.80 Optional items 1 Future cost for permanent sewer connection to $40,000.00 replace septic system. 2 Future cost for Region of Durham Frontage Fees - $50,000.00 Sewer Service (will be required if permanent sewer connection is made) 3 Force main (net increase in cost in lieu of septic $25,000.00 bed) Sub -total $115,000.00 Net HST $2,024.00 Total optional $117,024.00 11 -5 REPORT NO.: ESD- 015 -11 2.9 Inflation Impact PAGE 6 The original project schedule was based on issuing a tender for the construction of the fire hall in February 2011, with a construction start date of April 2011. The revisions to the schedule would see the project tendered in February 2012, with a construction start date of April 2012. The delay in the issuing of a tender for this project of one full year will have an impact on the construction pricing due to inflation. Data for the first and second quarters of 2011 indicates an average of 3.65% annual inflation. The information is referenced by Statistics Canada Non - Residential Building construction data. For the purposes of preparing revised costs for this project, a 6% factor for inflation on construction costs only has been calculated. 2.10 Construction Timelines Based on approval of this report, the project will be scheduled for tender in February 2012 and as indicated above, the project will commence in April with a projected completion of April /May 2013. 3.0 FINANCIAL 3.1 The current approved budget for this project is as follows: Construction 3,550,000 Consulting and Disbursements 330,000 Project Contingency 180,000 Furnishings and Equipment 440,000 TOTAL 4,500,000 3.2 The proposed budget for construction on Rudell Road (Option A) is as follows: Original Budget 4,500,000 Construction Inflation Factor (3,550,000 X 6 %) 213,000 Highway 2 Option Investigation Costs 30,000 TOT41 -- - - - -- 4-,743-,OW 11 -6 REPORT NO.: ESD- 015 -11 PAGE 7 3.3 The proposed budget for construction at #3333 Highway 2 (Option B) is as follows: Original Budget 4,500,000 Construction Inflation Factor. (3,550,000 X 6 %) 213,000 Highway 2 Relocation Costs (Required items) 689,932 TOTAL 5,402,932 3.4 In conducting the investigation regarding re- locating the fire station to the Highway 2 site costs of $30,000.00 were incurred. These costs included the topographical survey of the properties, geotechnical survey, Phase I assessment and associated consulting fees from ZAS Architects. 3.5 Additional funding assistance has been received in the form of Joint Emergency Preparedness Program (JEPP) grants. Applications for funding assistance for the purchase of an emergency generator, communication tower as well as equipment for the Emergency Operations Centre were submitted and approved in 2010. It has been confirmed with Emergency Management Ontario that should these expenditures not occur in 2012, with purchases made, the funding will be cancelled. This would require staff to submit another round of funding applications. 3.6 As previously discussed a cost estimation of $100,000.00 for soils remediation for the Highway 2 site has been identified, pending the results of the Phase II Environmental Assessment. 3.7 Queries with respect to Department needs, specifications, etc., should be referred to the Director of Emergency and Fire Services. 4.0 COMMENTS 4.1 If the Highway 2 site is chosen, it would mean the expansion at the main fire station in Bowmanville slated for 2012 from the Updated Master Fire Plan would need to be deferred for at least one year. 4.2 It should be noted that the existing Newcastle fire hall is at or near the end of its useful life span and any further delay in the construction of the new fire hall may require building and equipment improvements to be made to the existing hall. The current station has reached call volumes that warrant full time, however the design of the station is not conducive to run as a full -time station 24/7. At this time, no funds have been planned for in the annual operating and capital budget. 11 -7 REPORT NO.: ESD- 015 -11 PAGE 8 4.3 Should the Highway 2 location be selected for the fire hall, it should be noted that the existing Outdoor Recreation Master Plan for the Newcastle Community Park as updated in September 2006 will be impacted. The current plan identifies future outdoor recreation space on the proposed alternate site for the fire hall. This will require revising the plan and will impact the full development of outdoor recreation for the community park. 5.0 INPUT FROM OTHER SOURCES 5.1 In addition to members of the project team, staff members in Planning Services, Engineering and Finance have been consulted and /or provided input into this report. 6.0 CONCURRENCE Director of Finance 7.0 CONCLUSION 7.1 This report has been submitted for information purposes to address the resolution passed by Council on March 7, 2011. Should it be Council's wish to continue with the project at the Rudell Road site as previously approved by Council, the following resolution should be passed by the General Purpose and Administration Committee:, THAT Report ESD- 015 -11 be received; THAT 1780 Rudell Road, Newcastle be reconfirmed as the location of the new Fire Station; THAT a revised project budget of $4,743,000.00 be approved; THAT $243,000.00 in additional funds be provided from Municipal Capital Works Reserve Fund ($162,148.83) and Emergency Services Development Charges Reserve Fund ($80,851.17); and THAT all interested parties listed in Report ESD- 015 -11 be advised of Council's decision. 7.2 Should Council determine that 3333 Highway 2 is the preferred site for the station, a reconsideration of the earlier decision of Council is required. In this case, it would be appropriate for the General Purpose and Administration Committee to pass a resolution to receive Report ESD- 015 -11 for information. Following the meeting, a Procedural Notice of Motion would be submitted to the Municipal Clerk to allow for the reconsideration to be dealt with at the next Council meeting (November 7, 2011). If the motion to reconsider the previous decision passes, a subsequent motion would be introduced to approve the Highway 2 location and to consider the additional funding requirements of the project. 11 -8 REPORT NO.: ESD- 015 -11 CONFORMITY WITH STRATEGIC PLAN PAGE 9 The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development x Maintaining financial stability _Connecting Clarington x Promoting green initiatives _ Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: Gord Weir, Fire Chief Attachments: Attachment 1 - Aerial Photo of property #3333 Highway 2 Attachment 2 - Building Fit Analysis List of interested parties to be advised of Council's decision: Mr. Gord Lee 11 -9 ATTACHMENT 1 TO REPORT E5D- 015 -11 9 ;I Regional Highway 2 Y,4� y' • 1 maayy F t +�' � l — _ r • s f V; 03333 Ot jk- k yy 1 r /• Scale 1:2,000 4 Al 3333 Highway 2 - Flown March 2010 Leadingdtcltnr 11 -10 136 �? l c I o� N � r) j. �• , n f I� Lam, f/7 t v� o N 9T AN ATTACHMENT 2 TO REPORT E50- 015 -11 .r c., ✓,� IKr- �r S \ • N, 4 1 ` o / U" / AA or P�� . R T 1 1 0 R — 3 7�. N IPAR ING SP CES P 1 1 2 a 6'Ns 1� o 0 0 ,� �<r; J� ApProx. e `o � \ , I vised \ 3, o �1oodl k-�� P�4n\e I 2.75 I I I�� I I I I k IN ��` 84.5 TOP bi+P:K OF �_— NEWCASTLE FIRE STATION #2 11 -11 HlunW 80� �� AYP CIaCJllgtOl1 REPORT EMERGENCY AND FIRE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: ESD- 016 -11 File #: Subject: Progress Report — Operational Planning: An Official Guide to Matching Resource Deployment and Risk RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD- 016 -11 be received for information; 2. THAT Council provide direction on the staffing of Pump 1 and Pump 4; 3. THAT Council provide direction on budgeting in 2012 for a full Fire Master Plan; and 4. THAT all interested parties listed in Report ESD- 016 -11 be advised of Council's decision. Submitted by: Reviewed by: Gord Weir Director of Emergency Services /Fire Chief M B/G W Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 11 -12 REPORT NO.: ESD- 016 -11 1.0 BACKGROUND PAGE 2 1.1 The Office of the Fire Marshal (OFM) developed an evaluation tool entitled, Operational Planning: An Official Guide to Matching Resource Deployment and Risk, to help fire departments gauge resource requirements for suppression for a range of risk types within their municipality. The Operational Planning tool is part of a package of risk management tools to assist in assessing and analyzing fire risk in their community, determining their current capabilities in terms of resources, finding gaps, working out options, and developing recommendations. Exercising the Operational Planning tool supports municipalities in meeting their obligations as set out in Section 2 of the Fire Protection and Prevention Act, 1997 (FPPA). It also provides the OFM with a transparent means of meeting its legislative responsibilities to monitor and review municipal fire protection services and to advise fire departments and municipal councils as needed. 1.2 Based on critical tasks from the incident management system, Operational Planning: An Official Guide to Matching Resource Deployment and Risk is a tool for municipal decision - makers to use to analyze their resource needs for the levels of fire risk in their communities. It is a five -step process that offers a systematic and logical process of assessment, planning and implementation, and provides forms to assist with collecting response data, reviewing incidents, identifying fire suppression gaps, and developing options and recommendations for Council consideration. 1.3 STEP 1: Assessing Fire Risks within the Community • Understand the OFM Fire Progression Curve to assess risk; • Complete a comprehensive risk assessment; and • Categorize community fire risks. 1.4 STEP 2: Collecting Call Data • Collect response data for all fire calls to identify current capabilities; and • Data collected includes responding apparatus, number of firefighters, time dispatched, response time, and accumulated number of firefighters on scene. 1.5 STEP 3: Identify Gaps in Fire Suppression Capabilities • Determine whether responses to actual fire calls correspond to the staffing ranges in the Critical Task Matrix for each risk level; • Identify potential gaps in the fire suppression capabilities of the fire department to respond to fires at low, moderate, high and extreme risk levels; and • Identify potential gaps (and the need to preplan for them) in the fire suppression capabilities of the fire department for all occupancies /locations. 11 -13 REPORT NO.: ESD- 016 -11 PAGE 3 1.6 STEP 4: Developing Options and Recommendations for Identified Gaps in Fire Suppression Capabilities • Summarize identified gaps in fire suppression capabilities; and • Develop options to close each gap, and select an option to recommend to Council. 1.7 STEP 5: Report to Council • Report to Council a summary of community risks, current capabilities and fire suppression gaps while providing options and recommendations for Council's consideration. 1.8 In 2004, Dillion Consultants prepared a study that reviewed the operations of Clarington's Emergency and Fire Services and set key objectives for the Department to develop and evolve. In 2008, Dillion Consultants prepared a Emergency and Fire Services Fire Master Plan Update that documented issues facing the Department as it looked ahead to the future. 2.0 COMMENTS 2.1 On March 31,2011 Inspector Reid was seconded from regular duties to facilitate the Operational Planning tool exercise. To date Inspectors Reid's work has included: • Determining Clarington's building stock data; • Categorizing the building stock using the Ontario Building Code (OBC); • Categorize community fire risks; • Collecting response data for fire calls, dating back to 2008; • Determine whether responses to actual fire calls correspond to the staffing ranges in the Critical Task Matrix for each risk level. 2.2 Before reporting to Council on the Operational Planning tool exercise staff will: • Identify potential gaps in the fire suppression capabilities of the fire department to respond to fires at low, moderate, high and extreme risk levels; • Identify potential gaps (and the need to preplan for them) in the fire suppression capabilities of the fire department for all occupancies /locations. • Summarize identified gaps in fire suppression capabilities; and • Develop options to close each gap, and select an option to recommend to Council. 2.3 The Emergency and Fire Services governing by -law 07 -134 states fire suppression services shall be delivered in both an offensive and defensive mode and shall include search and rescue operations, forcible entry, ventilation, protecting exposures, salvage and overhaul as appropriate. 11 -14 REPORT NO.: ESD -016 -11 PAGE 4 2.4 Emergency and Fire Services compliment of fire suppression staff includes: • 25 volunteer firefighters at Station 1, Bowmanville • 25 volunteer firefighters at Station 2, Newcastle • 25 volunteer firefighters at Station 3, Orono • 25 volunteer firefighters at Station 4, Courtice • 25 volunteer firefighters at Station 5, Enniskillen • 48 full -time firefighters between Station 1, Bowmanville and Station 4, Courtice 24/7. The Department's 48 firefighters are spread over 4 platoons, 12 firefighters per platoon. To accommodate vacation, lieu days and education days 3 firefighters are permitted to schedule time off -duty. The minimum compliment of fulltime firefighters before overtime is called in is 6 per platoon. Each platoon has 1 dispatcher. 3.0 CONCURRENCE: Not Applicable 4.0 RECOMMENDATION 4.1 The Department when possible and staffing levels permit, will assign five firefighters to Pump 1 (Bowmanville) and 5 firefighters to Pump 4 (Courtice) in the following manner; the minimum staffing level will remain 6 firefighters and 1 dispatcher. On -Duty Firefighters (excluding dispatchers) Pump 1 Bowmanville Pump 4 Courtice SCAT Truck Bowmanville Off -Duty Firefighters 12 5 5 2 0 11 4 5 2 1 10 5 5 0 2 9 5 4 0 3 8 4 4 0 4 7 4 3 0 5 6 3 3 0 6 Less than 6 firefighters on-duty would require overtime staff Assigning 5 firefighters to Pump 1 and Pump 4 respectively provides for vacation, lieu days, education days and should allow each vehicle to respond with 4 firefighters inclusive of an officer. 11 -15 REPORT NO.: ESD- 016 -11 PAGE 5 4.2 The Department budget in 2012 for a full Fire Master Plan addressing service delivery, staffing, station locations, etc. 5.0 CONCLUSION 5.1 Staff will continue to work to provide a report to Council summarizing community risks, current fire suppression capabilities while providing options and recommendations for Council's consideration. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: Gord Weir, Director of Emergency Services /Fire Chief List of interested parties to be advised of Council's decision: Dan Worrall, President Clarington Professional Firefighters Association 11 -16 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: CLD- 027 -11 File #: Subiect: PROPOSED NUISANCE BY -LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration, Committee recommend to Council the following: 1, THAT Report CLD- 027 -11 be received; 2. THAT the By -law attached to Report CLD- 027 -11, a by -law to regulate and prohibit public nuisances be approved; and 3. THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of Council's decision. Submitted by: PLB /LDC Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905 - 623 -3379 13 -1 REPORT NO.: CLD- 027 -11 1. BACKGROUND PAGE 2 In 1994, the Municipality, in response to a request from the Durham Regional Police, passed a Loitering By -law. The By -law was intended to assist the police in dealing with groups of people congregating and causing problems for pedestrians in various areas within the Municipality. It was felt that such a by -law would give the police the tools necessary to deal effectively with these situations. While it has proven to be a useful tool, it has not gone far enough to address all the needs of the police. In recent years, acts of general rowdiness and unacceptable conduct have increased and the police have once again come to the Municipality for assistance. 2. COMMENTS In order to address the concerns of the police, a by -law to regulate and prohibit public nuisances has been prepared. The proposed by -law contains many of the key elements of the City of Oshawa's by -law and others in effect around the province. By creating offences for public urination, fighting, vandalism and other public nuisances in a municipal by -law, it will be easier for the police to respond to these situations. The police are requesting this by -law be enacted in Clarington to offer them a more expedient option to address these situations. 3. PARTICULARS OF RESTRICTIONS The Municipal Act, 2001 allows a council to designate certain activities as a public nuisance within the municipality. For the purposes of this by -law, these activities will include public urination, defecation, vomiting, screaming and other acts which are injurious or offensive to the general public.. This collection of offences will give the police an option for enforcement beyond that of a criminal charge, thus allowing for faster, more effective response to public calls for service. Including these activities in the by -law does not remove them or protect an individual from possible criminal prosecution if, in the opinion of the investigating officer, such action is warranted. It simply adds to the list of available options for police enforcement. 13 -2 REPORT NO.: CLD- 027 -11 4. CONCURRENCE This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. PAGE 3 Copies of both the Report and the By -law have been forwarded to the Durham Regional Police for their information. Inspector Ostler has indicated that they concur with the recommendations. 5. CONCLUSION Staff have spoken at length with the Durham Regional Police about this proposal and it has been strongly encouraged and endorsed by the police. During those conversations, it was clearly understood that the most logical agency to enforce the provisions of this by -law would be the police and they will, in fact, be the primary agency to enforce this by -law. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement Attachment: Attachment 1 - Proposed Nuisance By -law List of interested parties to be advised of Council's decision: Inspector Ostler, Durham Regional Police Service 13 -3 ATTACHMENT # L TO REPORT# ek0- 0V7 -11 MUNICIPALITY OF CLARINGTON BY -LAW 2011 - A By -law to regulate and prohibit public nuisances WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances including matters that, in the opinion of Council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: Part 1 - INTERPRETATION Definitions 1. In this by -law, "defecate" means to discharge excrement from the human body; "highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990 c. H. 8; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "nuisance" includes, (a) soliciting; (b) fighting, screaming, yelling or using profane or abusive language or gestures; (c) defacing, damaging or vandalizing public or private property; (d) expectorating in a public place; (e) anything which is injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property; and (f) any other activity or conduct that is disorderly, annoying, unpleasant or obnoxious; "officer" means any employee, officer or agent of the Municipality whose duties include the enforcement of this by -law and any police officer as defined in section 2 of the Police Services Act, R.S.O. 1990, c. PA 5; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives; "public place" includes a highway and any place to which the public has access as of right or invitation, express or implied, and private property that is exposed to public view, whether or not the property is owned by the person contravening the by -law; "solicit" means to request, in person, the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using spoken, written or printed word, a gesture or other means; 13 -4 Nuisance By -law 2011 -XXX Page 2 "urinate" means to discharge urine from the human body; and "vomit" means to throw up the contents of the stomach. References 2. In this by -law, reference to any Act is reference to that Act as it is amended or re- enacted from time to time. 3. Unless otherwise specified, references in this by -law to sections and subsections are references to sections and subsections in this by -law. Word Usage This by -law shall be read with all changes in gender or number as the context may require. A grammatical variation of a word or expression defined has a corresponding meaning. Application 6. This by -law applies to all land within the Municipality unless specifically exempted by this By -law. Part 2 - PROHIBITED ACTIVITIES 7. (a) No person shall cause, create or permit a nuisance in any public place without reasonable excuse. (b) For the purposes of this section, "reasonable excuse" means, (i) the contravention of this by -law must be inevitable, unavoidable and afford no reasonable opportunity for an alternative course of action that does not contravene this by -law; and (ii) where the contravention of this by -law is the consequence of illness, the person did not contemplate or, acting reasonably ought not to have contemplated, that the person's actions would likely cause the illness or give rise to the contravention of this by -law. 8. No person shall knock over, attempt to knock over, deface, attempt to deface, remove or attempt to remove a Canada Post mailbox, relay box, newspaper box, Blue Box, garbage container, traffic or street sign, utility pole or any other public or private property. Order to Discontinue Activity (1) Where an officer is satisfied that a person has contravened this by -law, the officer may make an order requiring the person who contravened the by- law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity. (2) An order under this section shall set out, (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and (b) the date by which there must be compliance with the order. 13 -5 Nuisance By -law 2011 -XXX Page 3 10. No person shall fail to comply with an order issued under this by -law. Obstruction 11. No person shall hinder or obstruct, or attempt to hinder or obstruct, an officer who is exercising a power or performing a duty under this by -law. Offence and Penalty 12. Every person who contravenes any provision of this by -law guilty of an offence upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R. S.O. 1990, c. P.33. Part 3 - GENERAL PROVISIONS Conflict 13. If there is a conflict between a provision of this by -law and a provision of any other Municipal by -law, the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply. Short Title 14. The short title of this by -law is the "Nuisance By -law ". Effective Date 15. This by -law shall be effective on the date of its passing. By -law approved this _day of November, 2011. 13 -6 Mayor Adrian Foster Patti L Barrie Municipal Clerk Illrb .farm REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: CLD- 029 -11 File #: Subject: APPOINTMENTS TO BOARDS AND COMMITTEES POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 029 -11 be received; and 2. THAT the Appointments to Boards and Committees Policy (Attachment 1 to Report CLD- 029 -11) be approved. Submitted by: j ,r i PLB *CAG i Reviewed by: Patti L. Barrie, CMO Municipal Clerk Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -7 REPORT NO.: CLD- 029 -11 PAGE 2 1. BACKGROUND On October 17, 2011 the General Purpose and Administration Committee considered a motion to establish a standardized, transparent and fair process for council appointments to boards and committees. This motion was referred to staff through Resolution #GPA- 611 -11 (Attachment 2 of this Report). 2. COMMENTS 2.1 Council has established approximately 18 boards and committees to which appointments are made at the beginning of each term. These appointments are to both standing Advisory committees and Project Specific committees. Additionally, Council often is required to appoint citizens to various committees either created by the Municipality or on which there is some level of municipal representation such as community committees (e.g. Durham Trail Coordinating Committee or Ganaraska Forest User committee) and Statutory Committees (e.g. Property Standards Committee). Details for each of the boards and committees (history, terms of reference, minutes) are located on the "Advisory Committees" section of the Clarington website. Additionally, throughout the Term Council is often required to appoint to fill vacancies on such committees and boards. 2.2 Customary Process It is customary practice that late in the last year of a Council term of office, the Municipal Clerk places an advertisement in the newspaper listing all the boards and committees to which Council will be making appointments, and inviting citizens to apply to sit on the committees. In addition, an advertisement is placed. on the Clarington website (including a link to the application form). Interested citizens submit an application to the Municipal Clerk detailing their reasons for applying. The Municipal Clerk, or designate, then compiles the applications and provides Council with a list of applications for each committee and includes a copy of each application. The applications are discussed by the General Purpose and Administration Committee (GP &A) in a closed meeting. In open session, a resolution of the GP &A is passed with the respective appointments. This resolution is then ratified at the next scheduled Council Meeting. Throughout the term, where there is a vacancy on a committee, the Municipal Clerk determines if there are applications on file and if not, places an advertisement in the paper and on the website seeking applications. The Municipal Clerk assembles the applications and they are presented to the GP &A Committee for appointment. The appointment is made through a motion and resolution of Committee which is then ratified by Council. 13 -8 REPORT NO.: CLD- 029 -11 PAGE 3 This customary process has been in place for more than four terms of Council. The process requires minimal staff resources to administer, and appointments are most often made with little or no input from staff. Over the years, the existing process has occasionally been criticized for its apparent lack of transparency. In 2007, Council considered Report CLD- 001 -07 wherein an appointment policy was recommended. The policy was approved at Committee but the decision was over - turned at Council as a result of much negative feedback from concerned citizens. Thus, the customary process for appointments to boards and committees remains in place. 2.3 Methods followed by other Durham Region municipalities The following is a summary of the methods followed by area municipalities: Municipality Process Details City of Oshawa No documented procedure. Advertisement placed by Clerk seeking applicants for appointment. Clerk prepares report forwarding applications to Committee. Committee members are appointed through motions in the same manner as Clarington's customary process described in 2.2 above. Appointments of Members of Council to boards and committees are made through a process similar to that which was detailed in Clarington's motion referred to staff in Resolution #GPA- 611 -11. Town of Whitby Policies and procedures under review by staff. Current process allows for each member, in closed session, to speak to their preferred candidates. Once all members have spoken, the chair will accept a motion to nominate. Note, only one nominee is permitted at one time. The Clerk then reads the recommended nominees in open session for ratification. Town of Ajax Documented procedure approved by Clerk. Includes staff coordination of posting ads, coordinating applications, and reporting to committee. Applicants are interviewed by council liaison and staff representative. As well, the Clerk and Committee Chair may also attend (or delegates). The interview panel determines recommended applicant(s). Clerk prepares a report to Committee with appointment recommendation. City of Pickering No documented procedure. Advertisement placed by Clerk seeking applicants for appointment. Clerk forwards applications to Council indicating recommended appointments based on qualifications detailed in the application. Council deliberates applications in closed session. Appointment is made in open session by way of a motion. 13 -9 REPORT NO.: CLD- 029 -11 PAGE 4 Township of Brock No documented procedure. Traditionally, a sub - committee of Council attends a meet and greet session coordinated by the CAO /Clerk. The sub - committee would make recommendations to Council for appointment. Recently, a process similar to that which was detailed in Clarington's motion referred to staff in Resolution #GPA- 611 -11 was successfully used. Township of Scugog No documented procedure. Advertisement placed by Clerk seeking applicants for appointment. Clerk forwards applications to Council indicating recommended appointments based on qualifications detailed in the application. Council deliberates applications in closed session. Appointment is made in open session by way of a motion. Township of Uxbridge No documented procedure. Advertisement placed by Clerk seeking applicants for appointment. At the beginning of each term, the CAO, Mayor and Clerk review the applications and make recommendations to Council. To fill a vacancy, the Clerk will place an advertisement, forward applications to the committee chair and then the chair will make a recommendation to Council. For Library Board vacancies, both the CEO and the Chair would review the applications and make recommendation to Council Region of Durham The process for making appointments of Members of Council to Standing Committees and the appointment of Regional Chair is detailed in the Procedural By -law. 2.4 Resolution Referred to Staff Resolution #GPA- 611 -11 referred to staff more or less laid out a proposed process for Council to follow when considering appointments to boards and committees. This proposed process is similar to that which was presented to Council in 2007, and is also similar to processes used in the City of Oshawa and the Region of Durham in its appointments of Members of Council to Standing Committees. As well, this proposed process is somewhat similar to that which is followed in the Town of Ajax, City of Pickering and Township of Uxbridge and Scugog wherein staff make recommendations for appointment. The proposed process would require additional staff resources to review applications, seek clarification and conduct interviews, if required, in order to put forth credible recommendations. To conduct the vote in a rotating alphabetical order, as recommended in both 2007 and in the proposed process, might be better undertaken through a random voting order as is used both in Oshawa and at the Region of Durham. 13 -10 REPORT NO.: CLD- 029 -11 PAGE 5 Attachment 1 to this Report is the recommended policy. It incorporates the recommended policy of 2007, the recommended policy referred to staff and the random voting order as used at the City of Oshawa and the Region of Durham. 3. CONCURRENCE - Not applicable 4. CONCLUSION To establish a standardized, transparent and openly fair process for Council appointments to Boards and Committees it is recommended that Council adopt the policy as detailed in Attachment 1 to this Report. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 - Council Appointments to Boards and Committees Policy Attachment 2: - Resolution #GPA- 611 -11 List of interested parties to be advised of Council's decision: None 13 -11 Report CLD- 029 -11 Attachment 1 Council Appointments to Boards and Committees 1. Purpose: a) To establish a standardized, transparent and fair process for Council appointments to Boards and Committees. 2. Policy: a) Council appointments to boards and committees will be made by Council in January of the first year of each Term of Council, unless otherwise required for a new committee, in which case the appointments shall be made as soon as reasonably practicable. b) The Term of the appointment shall be the same as the Term of Council unless otherwise stated. c) Persons wishing to sit on a board or committee shall submit an application, which may include a resume if desired by the applicant (or other reasonable facsimile) to the Municipal Clerk's Department. d) The Municipal Clerk's Department shall coordinate the application process. e) In the event of a vacancy, the same procedure shall be followed as contained herein, with a recommendation being made in accordance with Section 3.4 from the original applicants, and if there are none, the position shall be re- advertised. 3. Procedures: 3.1 Application a) In November of the last year of the Term of Council the Municipal Clerk, or designate, shall ensure that the opportunity for appointments to boards and committees is advertised (in the local newspapers as well as on the Municipal website). The advertisement shall advertise the application process. b) The Municipal Clerk, or designate, shall receive all applications for appointment. Page 1 of 5 13 -12 Report CLD- 029 -11 Attachment 1 Council Appointments to Boards and Committees 3.2 Evaluation a) Generally speaking, each board or committee works closely with a department (e.g. Committee of Adjustment works closely with Planning Services, Property Standards Committee works closely with the Municipal Clerk's Department, etc.). b) The Municipal Clerk, or designate, shall assemble the applications according to board /committee and shall forward a copy of the application packages to the appropriate Department Head for consideration. c) Department Heads shall then evaluate the applications based on the following criteria: ✓ Education ✓ Knowledge of the focus of the committee /board ✓ Experience ✓ Ability ✓ Past community involvement ✓ Commitment d) The Department Head shall reserve the right to conduct interviews with applicants if deemed necessary. 3.3 Recommendation a) Each Department Head shall notify the Municipal Clerk of their appointment recommendations. b) The Municipal Clerk, or designate, shall prepare a report to General Purpose and Administration Committee (GP &A) recommending appointments to each board and committee, as recommended by the respective Department Head. 3.4 GP &A Consideration of Staff Recommendations a) The staff report to GP &A will be included on an agenda for a regularly scheduled GP &A meeting in January of the first year of the Term of Council. Page 2 of 5 13 -13 Report CLD- 029 -11 Attachment 1 Council Appointments to Boards and Committees b) Copies of the complete applications shall be supplied to Members of Council in a confidential package under separate cover from the GP &A Agenda. c) The report shall be considered at the end of the GP &A meeting, in open session and shall be chaired by the Mayor. d) To consider the recommendations contained in the report, a mover and a seconder will be required. e) The appointments will be dispensed as a consent agenda item, similar to the method by which Council dispenses with correspondence Information items in a Council Meeting. The entire list of committees with the respective recommended appointments shall be moved and seconded. The Chair shall then offer the Members of Council the opportunity to pull any committees to which they wish to speak or to which they wish to nominate additional applicant(s). f) The GP &A shall then vote on the remainder, and any committees for which there were additional applicants moved and seconded shall be voted on in accordance with the procedure contained in Section 3.6. g) In the event the Report of GP &A is pulled at Council, the same procedure as set forth in Sections 3.5 and 3.6 shall be followed at Council for the committee which has been pulled from the GP &A report. 3.5 Nomination a) Where a Member. of Council does not wish to make appointments to a board or committee as recommended by staff, a nomination for additional applicant(s) may be moved and seconded, and the voting process in Section 3.6 shall be followed for appointment to that board or committee. b) No nomination will be allowed to stand unless the candidate has filed their Application for Appointment with the Municipal Clerk on or before the advertised deadline. c) No Applicant who has been moved and seconded may be removed from consideration except in accordance with Section 3.6. Page 3 of 5 13 -14 Report CLD- 029 -11 Attachment 1 Council Appointments to Boards and Committees 3.6 Voting a) A successful candidate must receive a majority of vote of all members of Council present at the meeting. As per the standard process for Committee decisions, the appointments must be ratified by Council. b) The Chair shall announce the number of positions to be filled for the board or committee. The Municipal Clerk, or designate, shall record the nominees on the display in the Chambers. c) The Municipal Clerk, or designate, shall request each Member of Council to state the name(s) of the applicants for whom they are voting. The Member of Council may only vote for up to as many positions on the committee or board as are remaining to be filled in that round of voting. Over -votes are not permitted. d) The vote shall be taken by roll call vote. The Clerk shall maintain a selection of roll call sheets which include names of all members in random order. Each sheet shall be numbered. For each round of voting, the Clerk shall draw by lot the roll call sheet number, and the roll call shall be conducted in the order as listed on that sheet. Note, the Chair shall always vote last. e) The Municipal Clerk, or designate, shall record the votes as they are stated, and if the number of position(s) to be filled and the number of nominee(s) with a majority of votes_ are equal, those nominee(s) shall be declared elected to the committee. f) At the end of the first or any subsequent round of voting, where there are fewer number of nominees who received a majority of votes than positions remaining to be filled on the board or committee, those nominees receiving a majority of votes shall be deemed to have been appointed. The Municipal Clerk, or designate, shall remove the names of the appointed nominees from the nominee slate. g) At the end of the first or any subsequent round of voting, where there are more nominees who received a majority of votes than positions remaining to be filled on the board or committee, beginning with the nominees with the highest number of votes for that round of voting, and moving down the list (from highest to lowest) the number of nominee(s) required to fill the positions shall be deemed to have been appointed. Page 4 of 5 13 -15 Report CLD- 029 -11 Attachment 1 Council Appointments to Boards and Committees h) In the event of a tie among nominees at the lowest end of the group of nominees receiving a majority of votes (as stated in g) above), only those candidates with the higher votes than the tied candidates are deemed to have been appointed, and only those tied nominees shall be included in the next round of voting. i) At the end of the first or any subsequent round of voting, where there are no nominees who received a majority of votes, the nominee who received the least number of votes is removed from the nominee slate: Where there is a tie for the least number of votes, all of those nominees tied shall be removed from the nominee slate. j) In the event of a tie among nominees who received the most votes, and the number of tied candidates exceeds the position(s) remaining to be filled; only those tied candidates shall be included in the next round of voting. k) The Municipal Clerk, or designate, shall record the appointment(s) at the end of each round of voting, on a display in the Chambers. 1) In the event of three successive rounds of voting with the same results, .a deadlock shall be declared by the Chair and a draw by lot shall be conducted by the Municipal Clerk, or designate. m) Should the draw by lot be to fill a single vacancy when only two candidates remain, the candidate whose name is drawn shall be declared the successful appointee to the position. n) Should the draw by lot be to fill more than one vacancy, the Municipal Clerk, or designate, shall draw the number of names as there are vacancies. Each name drawn shall be declared a successful appointee to the position, and shall be announced prior to drawing the next name. 3.7 Appointments of Council Members to Boards and Committees a) The procedures outlined in Sections 3.5 and 3.6 shall be followed for any appointment of councillor(s) to a board or committee, and any reference to staff recommendations shall not form part of the nominating process for councillors. 4. Appendices: a) Appointment Application Templates Page 5of5 13 -16 APPLICATION FORM FOR arn, #oa CITIZEN APPOINTMENT TO BOARDS AND COMMITTEES OF T Leading the Way HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Note: Please complete this application form in its entirety. Should this application form not be fully completed, the Municipality reserves the right to reject the application. In addition, the provision of any false or misleading information on this application form will be sufficient reason for the Municipality to reject the application or to terminate an appointment. PLEASE COMPLETE THE FOLLOWING AND SUBMIT TO: The Corporation of the Municipality of Clarington Address: Municipal Clerk's Department Tel: 905 - 623 -3379 ext. 2109 40 Temperance Street Fax: 905 - 623 -6506 Bowmanville, ON L1 C 3A6 Email: clerksdepartment@clarington.net NAME OF BOARD OR COMMITTEE: If more than one, select one and indicate an alternate choice (see list on reverse side). FIRST CHOICE: �I J ALTERNATE CHOICE(S): PERSONAL DATA: ❑ Mr. ❑ Mrs. ❑ Miss ❑ Ms. Name: Address: City/Town: Postal Code Telephone: (Home) Telephone: (Bus.) Email ELIGIBILITY & AVAILABILITY: ❑ 18 Years of Age ❑ Ability to attend night meetings ❑ Ability to undertake special projects, as needed ❑ Ability to attend day meetings WOU II COMMISS ON IDENTIF EDLAB VETO SERVE ON EACH BOARD OR COMMITTEE OR Application Down loaded from Municipal Website Page 1 of 2 13 -17 APPLICATION FORM FOR CITIZEN APPOINTMENT TO Leadi,ag the way BOARDS AND COMMITTEES OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PREVIOUS EXPERIENCE: Please attach (or provide in the space below) details regarding your qualifications including: • your understanding of the mandate or responsibilities of the committee or appointment; • your experience: work related, community service oriented, or other volunteer activities which illustrate the interest, skills or abilities you may contribute; • what interests you about the committee or appointment; and • how your experiences would enhance the work of the committee or appointment. * ** *NOTE: Accessibility Advisory Committee application forms are available through our Corporate website or at the Municipal Clerk's Department. Applicant's Signature: Date: Personal information collected on this form shall be used to determine suitability for appointments to Boards and Committees and is gathered under the authority of the Municipal Act. Questions about this collection of information shall be directed to the Municipal Clerk, 40 Temperance St., Bowmanville, ON L 1 C 3A6 or 905 - 623 -3379 ext. 413. Application Down loaded from Municipal Website Page 2 of 2 13 -18 Leading the Way APPLICATION FOR APPOINTMENT TO THE MUNICIPALITY OF CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE Please Print — Application is to be completed in its entirety I, ❑ Mr. ❑ Ms. ❑ Mrs. ❑ Miss Given Name (s) Surname Email Address Postal Code Telephone HEREBY MAKE APPLICATION FOR APPOINTMENT TO THE MUNICIPALITY OF CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE. (Please note that the majority of Committee members must be disabled, as defined by the Ontario with Disabilities Act) I AM 18 YEARS OF AGE OR OLDER, I HAVE LIVED IN THE MUNICIPALITY OF CLARINGTON FOR YEARS AND AM PRESENTLY A QUALIFIED ELECTOR UNDER THE MUNICIPAL ELECTIONS ACT, 2000 PLEASE OUT LINE THE REASONS WHY YOU WOULD LIKE TO SERVE ON THE ACCESSIBILITY ADVISORY COMMITTEE I HAVE PREVIOUSLY SERVED ON THE FOLLOWING BOARDS AND COMMITTEES NAME OF BOARD OR COMMITTEE: NO. OF YEARS MY RELATED EXPERIENCE INCLUDES: (Please describe in detail your related experience) 13 -19 APPLICATION FOR APPOINTMENT TO THE MUNICIPALITY OF CLARINGTON Page 2 ACCESSIBILITY ADVISORY COMMITTEE OTHER COMMUNITY INTERESTS AND ACTIVITIES INCLUDE: (Specify other community interests, activities, etc.) ACADEMIC HISTORY: (Please list your academic history in descending order) REFERENCES: Please supply three references, indicating your association with those people. By signing this application, you are hereby authorizing the Municipality of Clarington to contact your references, and authorize the release of any relevant information to the Municipality of Clarington. (Name) (Name) (Name) (Telephone) (Telephone) (Telephone) Personal- information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy legislation and will be used for the purpose of responding to your request. Questions about this collection should be directed to the Municipal Freedom of Information and Privacy Co- ordinator, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 (905) 623 -3379 ext. 413. PLEASE NOTE THAT WE THANK ALL APPLICANTS FOR THEIR INTEREST IN THE MUNICIPALITY OF CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE. HOWEVER, ONLY THOSE APPLICANTS WHOSE QUALIFICATIONS, EXPERIENCE AND SKILLS MOST CLOSELY RESEMBLE OUR REQUIREMENTS WILL BE APPOINTED TO THE COMMITTEE. SELECTION CRITERIA HAS BEEN ESTABLISHED IN CONJUNCTION WITH INPUT FROM THE DISABLED COMMUNITY AND THE GENERAL PUBLIC. Date of Application 13 -20 Applicant's Signature Report CLD- 029 -11 Attachment 2 BOARDS AND COMMITTEES APPOINTMENT PROCESS Resolution #GPA- 611 -11 Moved by Councillor Neal, seconded by Councillor Traill WHEREAS the Council of the Municipality of Clarington wishes to establish a standardized, transparent and fair process for Council appointments to Boards and Committees; NOW THEREFORE BE IT RESOLVED THAT: 1. a) Council appointments to boards and committees will be made by Council in January of the first year of each Term of Council, unless otherwise required for a new committee, in which case the appointments shall be made as soon as reasonably practicable. b) The Term of the appointment shall be the same as the Term of Council unless otherwise stated. c) Persons wishing to sit on a board or committee shall submit an application, which may include a resume if desired by the applicant (or other reasonable facsimile) to the Municipal Clerk's Department. d)' The Municipal Clerk's Department shall coordinate the application process. e) In the event of a vacancy, the same procedure shall be followed as contained herein, with a recommendation being made in accordance with Section 2.4 from the original applicants, and if there are none, the position shall be re- advertised. 2. Procedures: 2.1 Application a) In November of the last year of the Term of Council the Municipal Clerk, or designate, shall ensure that the opportunity for appointments to boards and committees is advertised (in the local newspapers as well as on the Municipal website). The advertisement shall advertise the application process. b) The Municipal Clerk, or designate, shall receive all applications for appointment. c) Generally speaking, each board or committee works closely with a department (e.g. Committee of Adjustment works closely with Planning Services, Property Standards Committee works closely with the Municipal Clerk's Department, etc.). 13 -21 Report CLD- 029 -11 Attachment 2 2.2 Evaluation a) The Municipal Clerk, or designate, shall assemble the applications according to board /committee and shall forward a copy of the application packages to the appropriate Department Head for.consideration. b) Department Heads shall then evaluate the applications based on the following criteria: ✓ Education ✓ Knowledge of the focus of the committee /board ✓ Experience ✓ Ability ✓ Past community involvement ✓. Commitment c) The Department Head shall reserve the right to conduct interviews with applicants if deemed necessary. 2.3 Recommendation a) Each Department Head shall notify the Municipal Clerk of their appointment recommendations. b) The Municipal Clerk, or designate, shall prepare a report to General Purpose and Administration Committee (GP &A) recommending appointments to each board and committee. 2.4 GP &A Consideration of Staff Recommendations a) The staff report to GP &A will be included on an agenda for a regularly scheduled GP &A meeting in January of the first year of the Term of Council. b) Copies of the complete applications shall be supplied to Members of Council in a confidential package under separate cover from the GPA Agenda. c) The report shall be considered at the end of the GPA meeting, in open session and shall be chaired by the Mayor. d) To consider the recommendations contained in the report, a mover and a seconder will be required. e) The appointments will be dispensed as a consent agenda item, similar to the method by which Council dispenses with correspondence Information items in a Council Meeting. The entire list of committees with the respective recommended appointments shall be moved and seconded. The Chair shall then offer the Members of Council the opportunity to pull any committees to which they wish to speak or to which they wish to nominate additional applicant(s). f) The GP &A shall then vote on the remainder, and any committees for which there were additional applicants moved and seconded shall be voted on in accordance with the procedure contained in Section 2.6. g)- In the event the Report of GPA is pulled at council, the same procedure as set forth in sections 2.5 and Section 2.6 shall be followed at Council for the committee which has been pulled from the GPA report. 13 -22 Report CLD- 029 -11 Attachment 2 2.5 Nomination a) Where a Member of Council does not wish to make appointments to a board or committee as recommended by staff, a nomination for additional applicont(s) may be moved and seconded, and the voting process in Section 2.6 shall be followed for appointment to that board or committee. b) No nomination will be allowed to stand unless the candidate has filed their Application for Appointment with the Municipal Clerk on or before the advertised deadline. c) No Applicant who has been moved and seconded may be removed from consideration except in accordance with Section 2.6. 2.6 Voting a) A successful candidate must receive a majority of vote of all members of Council present at the meeting. All appointments will be formally confirmed by resolution and by -law at the next Council meeting. b) The Chair shall announce the number of positions to be filled for the board or committee. The Municipal Clerk, or designate, shall record the applicant names on the display in the Chambers. c) The Municipal Clerk, or designate, shall request each Member of Council to state the name(s) of the applicants for whom they are voting. The Member of Council may only vote for up to as many positions on the committee or board as are remaining to be filled in that round of voting. Over -votes are not permitted. d) The order in which the Members of Council are to vote shall be alphabetical order beginning with the first round of voting in the meeting. Thereafter, the Municipal Clerk, or designate, shall ensure that the next round of votes begins with the next Councillor in alphabetical order. The Chair shall not be first to vote on any board or committee. Under no circumstance shall a Councillor be first to vote in two successive rounds of voting regardless of the committee or board for which they are voting. e) The Municipal Clerk, or designate, shall record the votes as they are stated, and if the number of position(s) to be filled and the number of candidate(s) with a majority of votes are equal, those candidate(s) shall be declared elected to the committee. f) At the end of the first or any subsequent round of voting, where there are fewer number of candidates who received a majority of votes than positions remaining to be filled on the board or committee, those candidates receiving a majority of votes shall be deemed to have been appointed. The Municipal Clerk, or designate, shall remove the names of the appointed candidates from the list for the next round of voting. 13 -23 Report CLD -029 -11 Attachment 2 g) At the end of the first or any subsequent round of voting, where there are more candidates who received a majority of votes than positions remaining to be filled on the .board or committee, beginning with the candidates with the highest number of votes for that round of voting, and moving down the list (from highest to lowest) the number of candidate(s) required to fill the positions shall be deemed to have been appointed. h) In the event of a tie among candidates at the lowest end of the group of candidates receiving a majority of votes, only those candidates with the higher votes than the tied candidates are deemed to have been appointed, and only those tied candidates shall be included in the next round of voting. i) In the event of a tie among candidates who received the most votes, and the number of tied candidates exceeds the position(s) remaining to be filled; only those tied candidates shall be included in the next round of voting. j) . The Municipal Clerk, or designate, shall record the appointment(s) at the end of each round of voting, on a display in the Chambers. k) In the event of three successive rounds of voting with the same results, a deadlock shall be declared by the Chair and a draw by lot will be conducted by the Municipal Clerk, or designate. 1) Should the draw by lot be to fill a single vacancy when only two candidates remain, the candidate whose name is drawn shall be declared the successful appointee to the position. m) Should the draw by lot be to fill more than one vacancy, the Municipal Clerk, or designate, shall draw the number of names as there are vacancies. Each name drawn shall be declared a successful appointee to the position, and shall be announced prior to drawing the next name. n) Once voting is complete, a resolution shall be passed to make the appointments as was determined by the vote prior to proceeding to the next committee appointments; and 2.7 The procedures outlined in Sections 2.5 and 2.6 shall be followed for any appointment of Councillor(s) to a board or committee, and any reference to staff recommendations shall not form part of the nominating process for Councillors. 13 -24 Clarftwn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: CLD- 031 -11 File #: Subject: 3rd QUARTER PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 031 -11 be received; and 2. THAT all interested parties listed in Report CLD- 031 -11 be advised of Council's decision. Submitted by: Reviewed by: F6 b e, CMO Franklin Wu, Municipa Clerk Chief Administrative Officer PLB /kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -28 REPORT NO.: CLD- 031 -11 1. BACKGROUND PAGE 2 The following pertinent statistical information relates to Parking Enforcement activities for the months of July, August, September 2011 and is provided herein for the information of Committee and Council 2. CONCURRENCE: Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement Attachments: Attachment 1 - Parking Report for the 3rd Quarter of 2011 List of interested parties to be advised of Council's decision: G. Gilpin, Bowmanville Business Centre 13 -29 PARKING ENFORCEMENT QUARTERLY REPORT #3 - 2011 ATTACHMENT #1 to Quarterly Parking Financial Report Tickets issued Meters 1,279 4,989 3,493 3,160 P.E. Officers $1,435.10 $4,101.90 $5,311.00 $2,412.55 Permits 29 60 49 24 Police $16,402.00 $60,359.00 $46,708.00 $37,934.00 Fines 0 0 0 0 Public Works $3,135.00 $8,497.50 $9,049.50 $5,997.75 TOTAL REVENUE 59 135 162 49 Group Four 4 18 43 17 Aspen Springs 14 115 147 N/A Paragon Security 17 36 113 N/A 98 King Street West 5 15 13 17 ProSecurit 0 0 0 0 Fire Services 11 17 66 23 CLOCA 0 1 N/A N/A Brimacombe TOTAL 1,418 5,386 4,086 3,290 Meters $24,721.00 $70,041.00 $37,467.00 $38,013.00 # Tickets disputed $1,435.10 $4,101.90 $5,311.00 $2,412.55 Permits 32 109 63 84 # Requests for trial $16,402.00 $60,359.00 $46,708.00 $37,934.00 Fines 3 19 17 27 MTO Char eback (Ex ense) $3,135.00 $8,497.50 $9,049.50 $5,997.75 TOTAL REVENUE $39,423.00 $126,004.40 $80,436.50 $72,361.80 Total conducted 36 115 69 103 # Tickets disputed 39 132 80 111 # Tickets cancelled 32 109 63 84 # Requests for trial 7 13 7 4 # Tickets upheld 3 19 17 27 13 -30 Clarftwn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: CLD- 030 -11 File #: Subject: APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 030 -11 be received; 2. THAT the By -law attached to Report CLD- 030 -11, a By -law to appoint a Municipal Law Enforcement Officer be approved; and 3. THAT Kimberley Birkett be advised of Council's decision. Submitted by: PLB /LDC Reviewed by: ---- A_�7(, Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379 13 -25 REPORT NO.: CLD- 030 -11 PAGE 2 1. BACKGROUND The Municipal Law Enforcement Division is currently short one full time Municipal Law Enforcement Officer. The officer will be returning to active duty in January 2012, however at present the shortage must be filled. Internal interviews have resulted in the selection of Kimberley Birkett, currently a Parking Enforcement Officer being hired to fill the vacancy. 2. COMMENTS Kim is presently undergoing in- service training organized by the Manager of Municipal Law Enforcement to familiarize her with the additional municipal procedures and the by -laws that she will be responsible for. Once that is completed she will be enforcing the by -laws on her own. 3. CONCURRENCE - Not applicable 4. CONCLUSION In order to be able to perform her duties she needs to be appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. Her present appointment authorizes her to enforce Parking regulations only. Accordingly, it is recommended that the attached by -law be forwarded to Council for passage. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement Attachment: Attachment 1 — Proposed By -law to Appoint Municipal Law Enforcement Officer List of interested parties to be advised of Council's decision: None 13 -26 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011 Being a By -law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By -laws of the Municipality; and WHEREAS it is desirable to appoint Kimberley Birkett as a Municipal Law Enforcement Officer by By -law for the purpose of enforcing the By -laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Kimberley Birkett is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Kimberley Birkett's appointment as a Municipal Law Enforcement Officer shall remain in effect for as long as she continues to hold the office of Municipal Law Enforcement Officer with the Municipality of Clarington. By -law approved this _day of November, 2011. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 13 -27 REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution #: By -law #: Report#: FND- 023 -11 File #: Subject: FINANCIAL UPDATE AS AT SEPTEMBER 30, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND- 023 -11 be received for information. Submitted by: y Reviewed by: Nancy aylor, 96A , CA. Director of Finance / ✓� Treasurer NT /CC /hjl I- ranKUn vvu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 15 -1 REPORT NO.: FND -023 -11 1.0 BACKGROUND AND COMMENT PAGE 2 1.1 The financial update report has been designed to focus on overall budget variance reporting. The format and layout of this report is consistent with report FND- 018 -11 presented previously to Council. 2.0 THIRD QUARTER OF 2011 RESULTS 2.1 Attachment "A ", The Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures as of September 30, 2011. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall /arena boards. Net year to date expenditures to September 30, 2011 total $34,678,756 which represents 91.3% of the year to date budget as of the end of the third quarter. If this was measured against the total net operating budget for the 2011 year the percent of the operating budget expended to September 30th is 80.9 %. This includes annual grants and debentures that occur at the beginning of the year. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at September 30, 2011. However, many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control which result in a fluctuation of the timing of recognition of revenue and expenses. The budget is allocated monthly based on the 2010 actual monthly distribution. In cases where there is no prior year history, the monthly budget allocation is divided equally over the 12 months. The Legal department allocation has been evenly distributed over the 12 months due to the lack of prior year history. While this is best method available to be reflective of seasonal trends, there may be some variations from year to year. Due to these timing differences, this statement cannot be used in isolation. 2.3 Overall, the operating budget is on target. Some of the variances can be attributed to the timing differences in revenue and expenditures between 2010 and 2011. In comparing the third quarter only actual to budget the expenditures are 94.5% of the third quarter budget. When comparing the year to date budget as of September 30th, the expenditures are at 91.3% of the year to date budget. Both these percentages indicate that overall the expenditures are in -line with the 2011 budget. When looking at the total 2011 budget, the expenditures are at 80.9 %, in part due to the annual grants and debentures occurring early in the year. 15 -2 REPORT NO.: FND -023 -11 PAGE 3 2.4 As noted above the Legal Department does not have a full year of historical reference for the 2011 budget dispersion. Therefore the equal monthly allocation does not reflect the actual allocation. As of September 30th, the net Legal expenditures are 75.0% of the total 2011 budget. 2.5 The Non - Departmental revenues are slightly higher than the third quarter year to date budget. As in the first quarter, this is mainly due to the timing of the investment maturities. The 2010 maturities and interest earned do not necessarily match the 2011 maturities. 2.6 The Finance revenues are higher than the quarterly budget. This is due to the higher than budget amount of the fines and penalties on taxes. The third quarter year to date figures of 2011 ($1,318,770) is higher than budgeted ($1,200,000 for 2011) but are slightly lower than the 2010 third quarter year to date interest and penalties ($1,,323,330). This is a reflection of the improvement in the collection of outstanding taxes. 2.7 The Emergency Services revenue is in line with the September 30th year to date figures. The total year to date expenditures as of September 30th, represent 74.3% of the total 2011 budget. 2.8 The Engineering Department revenue has improved over the third quarter as a result of increased building permit revenue. As of September 30th the building permit revenue exceeded the total 2011 budget by $452,133. The Engineering Department net expenditures year to date as of September 30th are 60.4% of 2011 total budget. 2.9 • The Operations Department revenue has improved over the third quarter and as of September 30th the revenue exceeded the September 2011 year to date budgeted revenue. The revenue is on track for the total 2011 budget due to seasonality of sports field rentals. The total net effect is that the net expenditures are still in line with the total 2011 budget amount at 76.3 %. 2.10 Community Services year to date expenditures as of September 30th are approximately 93.6% of the 2011 budget as of September 30th. Overall the revenue is on target as of September 30th. While some revenue accounts are lower than budgeted as of September 30th there has been better than budget performance in other revenues to offset the drop. Overall, community services revenues are on track with the budget. The Community Services department net expenditures as of September 30th are 75.7% of the total 2011 budget. 15 -3 REPORT NO.: FND- 023 -11 PAGE 4 2.11 The Planning Department revenues vary favourably from the third quarter budget. However the timing of the Planning activities are not necessarily seasonal and cannot always be predicted by the previous year's timing. Some of the Planning Department revenues such as site plan revenue and subdivision application fees have exceeded the total 2011 budget amounts. As of September 30th, the Planning department net expenditures year to date are 68.4% of 2011 total budget. 2.12 Attachment "B ", Continuity of Taxes Receivable for the nine months ending September 30, 2011 provides the status of the taxes billed and collected by the Municipality of Clarington during the third quarter of 2011. A total of $34,670,713 in final tax bills were issued to property owners in the Municipality during this period. At the end of September, a total of $18,881,230 remains unpaid. The net balance is $791,799 lower than the prior year at this time. The changes in collection processes and procedures implemented during 2009 and continued since that time have been successful in holding the line on the balance of taxes outstanding. While more work is to be done, the 2011 third quarter results reflect the continued success in 2011. 2.13 Attachment "C ", Investments Outstanding as of September 30, 2011 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the third quarter. The Municipality at September 30, 2011 holds $0 in general fund investments,$0 in capital fund investments and $36,870,960 in reserve fund investments to fund future commitments. General fund investments are short term in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are reviewed on an ongoing basis to ensure they meet the requirements of Section 418 on the Ontario Municipal Act and the Municipality's investment policy. Currently, general fund investments are held in the Municipality's general bank account as the interest rate on the account is more favourable than money market instruments as a result of current economic conditions that are likely to continue for some time. 2.14 Attachment "D ", Debenture Repayment Schedule as of January 1, 2011 provides the status of the Municipality's long -term obligations. The Municipality has $29,535,077.75 in outstanding debt as of January 1, 2011 and debt repayment obligations of $$6,785,135.16 for 2011 as reflected in the 2011 budget. The annual principal and interest payments required to service these liabilities are well within the annual debt repayment limits prescribed by the Ministry of Municipal Affairs and Housing. The outstanding debt figure has been amended from the second quarter report. This minor amendment ($30,700.16) is due to the timing of the debt payments on the RRC addition. 15 -4 REPORT NO.: FND- 023 -11 PAGE 5 2.15 Attachment "E ", Municipal Development Charges as of September 30, 2011 provides the total Municipal development charges collected of $8,462,526.91. In 2010 Development Charges Background Study, it was forecasted that the municipality would be collecting approximately 699 residential units total for 2011 or approximately 58 units per month. We are currently at 501 units mid -year. 2.16 Comparing the number of units issued in 2011 to 2010 in the third quarter, shows that in 2011 there was an increase of 5.5% in the number of units issued compared to 2010. In comparing the total dollars collected in 2011 to 2010, there was an increase of 34.5% in development charges collected. As per the 2010 DC Background Study, there are 699 units forecasted for 2011. 3.0 CONCLUSION 3.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives _ Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer Attachments: Attachment "A ": Summary of Operating and Expenditure and Revenue Attachment "B ": Continuity of Taxes Receivable Attachment "C ": Investments Outstanding Attachment "D ": Debenture Repayment Schedule Attachment "E ": Municipal Development Charges 15 -5 THE MUNICIPALITY OF CLARINGTON ATTACHMENT' A" SUMMARY OF OPERATING EXPENDITURES & REVENUES FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2011 _ ..... ------------- _._..-..____._.......__...... .__..__...__......... ............. _ ............... ...__..........._.___..........___-_...._.-.....___.r-....._.___...__......_.... 2011` .._- ----- .___.._i Budget YTD' Jan:z pt 2011E .............__.. _._._._....__...._............................._......_......._._._...___...._...._._._...__- Actual YTD': i.........__...__...._.._.._.:_ Jan-Sept' 2011 YTD- Unexpended: - _ __ - .._ _._....__.........___...___..__ Jan-Sept. Total Third; Quarter . _____ Budget; _ _ -. _______..__._. July -Septa Total Third':. _ Quarter Actuals. _.._._ ..................___..__ July-Sept, 2011. Total Budget: _; %of Annua Budget Spent 05 NON - DEPARTMENTAL ACCOUNTS Expenditures Revenues /Recoveries 201,022: ___._ -- (3,909,012): 201,022: _.__.. -._ - (5,351,936): 0? 1,442,924: 25522. (1,907,420); 33522: (3,060,344):.. 201,022i (9,849,768)1 700.0% 54.3% Net Non- Departmental (3,707,990): (5,150,914); 1,442,924: (1,875,898); (3,026,822); (9,648,746): 53.4% 70 MAYOR & COUNCIL ----------_...._.__._.._._. ........-- -..._....._...._..... Net Office of Mayor & Cou ncll 608,882: 585,141. 23,741; 189,418' 199,671. 819,607: 71.4% 13 ADMINISTRATOR'S OFFICE Net Office of CAD 326,474; 336,235: (9,761)1 109,280? 112,812. 442,124E 76.0% 14 LEGAL ADMIN RenveuelRecoveries (148,581). (42,788), (705793): (37,527) - (6066)] (186, 100): 230% Expenditures 388,502 294,8991 93,603: 124,131;. 104,1051 522,264: 56.5% Net LegahAdministratlon 239,921. 252,111: (12,190): 86,6041 98,039; 336,1641 75.0% 16 CORPORATE SERVICES - Revenue /Recoveries Expenditures (154,7367): ......... 3,032,6791 (150840): .........._..__._,__._________. 3,005,717; (4027)] - ;._...__.._.._.___.____.__. 26,902:_ (62,181); 851,862, (50618): __ 1,066,3761 (170,560) 3,926,849! 88.4% 76.5% Net Corporate Services 2,877,752? 2,854,877; 22,875: 789,687: 1,015,7581 3,756,289: 76.0% - ..�_ 19 CLE______RK'S _ ...._.-......... _........_..........._....._._....-}.._.__...__.__.....__.- RevenuelRecovedes ...._...._._ .__...........__.._........._.-.._......._........_._....._...____..... Ex P enditures ............. (447,150)? i____.._.....__._.._..___.._...._.._.._..._.._-....___._-.___..______..____. 1,627,371: .._..._._..__..__._..__.____._. (523,005): 1,713,738, 81,855€ (86,36 (158,953): .__.- _..._______________.______ 506,656' (282,658): 625,501! (573,000): 2,198,1401 013% 78.0% Net Clerks 1,190,733: (4,512): 347,703? 342,843: 1,625,140: 73.3% __ .... .. ...... __ ........... 27 FINANCE & UNCLASS. ADMIN ...... RevenuelRecoveres ..... Unclassified Admin & Board of Trade -__..____.__.__....._.....___-._ _._ __ ............... (1,082,806); 1,642,855 ...... -_____ __.._..___..__...___.___......_ _ _...__._..._.__._._ (1,553,031): 470,225; 1,845,949 , (203,094)i. (383,190); 484,721'. (510,682)?+ (1,467,000)! 996,448, 1,889,444: 105.9 105.9% 97.7% Operating Expenditures 1,449,431. 1,539,789: (90,358). 445,681! 546,402: 1,952,778' 78.9% ~Total Finance Expenditures 3,092,286: 3,385,738; (293,452); 930,402. 1,542,8501 3,842,222: 88.19/6 Net Finance 2,009,480; 1,832,707' 176,7731 547,212; 1,032,168;' 2,375,222; 77,2/ 28 EMERGENCY SERVICES - FIRE RevenuelRecoveres (18,706) (25900)= 7.194; (13,877); (35,800); 723% Expenditures 6,625,232 6,681,234, (56002); 2,008,240. 2515027= 8,998,773: 74.300/a Net Emergency Services 6,606,526, 6,655,334- (48,808). 2,005,719; 2,501,150: 8,962,373; 74.3% 32 ENGINEERING SERVICES RevenuelRecoveres _....__...__... ...._..._..___.____.____- Expenditures _. _,106.6 (1,106,693) _.___. _..._;.__- 3,944,032' (1,7fi5604) _....._.- ......:._ 3,856,896. 658,911 _..__.._..___._. 87,136: _ (243,121)! ___.___......_.__.__.._.______. 664,233- _ _ (836528) 800,057! (1,309,050); 4,769,854; 134.9% 80.9% Net Engineering Services 2,837,339] 2,091,292` 746,0471 421,112: (36,471)_ 3,460,004: qqo 36 OPERATIONS RevenuelRecovedes - _ .............. .._ ....... ......... _ ... .... 316,393). ............. - -- (404,047). 87,654!- - -- (119,033); - - - -- (275,858); (426,200)! 94.8 % Operating Expenditures Fleet& Debenture Payments 8.853,1011 3,848,716. 9,139,176: 3,342,383. (286,076); 506,333` 2,485.326x 143,463. 2.800.795- (62,246); 72,204,317: 4,049,319; 74.9% 82.5% Total Expenditures 12,701,817 12,481,559. 220,258; 2,628,789; 2,738,549 16,253,636{ 76.800/a _ Net Operations Department 12,385,424: 12,077,512: 307,912: 2,509,756' 2,462,691; 15,827,436: 76.300/a 42 COMMUNITY SERVICES co Operating Expenditures ___........_........_.._.._......___......__ ................._......_.._.......__..._. Annual Grants & Debenture Payments (3,130,54fi); 6,501,745 i...._._. ......__..___.____......_....__ 3,099,671= (3,128,457); 6,103,5681 ._______._._-..._____.--...__...__. 3,083,2861 (2,089): 16,385: (805,310): 1,893,335, ._._._.....__..___________.__ 4,932', - (852,387). 2,129,037- -. �_.____.____- 0' (4,427,080); 3,447,969; 70.7% 68.0% 89.4% 9,601,416: 9,186,854! 414,562: 1,898,267` 2,129,037. 12,429,290 -i 73.9% Net Community Services 6,470,870: 6,058,397: 412,473:: 1,092,957' 1,276,650: 8,002,210_ 75,7/ - -. ___........_._.._....._._.__....._._ ...................._.............._._..._........ 50 PLAN.SERVICES RevenuelRecovedes Expenditure s _ ............ _.._- ....... _ .............. _....._ i (322,549- )- 2,929,179 ............ __:- _...._._._ _ (611957). 2,928677 ____...._.__._..__- ...... 289,408. 502; . ._...._...._._....__._..... ....._._..._...._..._......._ (79,322) 741,966 .. (248.441):__ : 706755' ' _...,. , (421,525); 3,807,949; 145.2% 789% .--- _....._._....-..._._....__rvic_ ........... ........- ..........._...__.... Net Planning Services 2,606,630: 2,316,720E 289,910: 662,6441 458,314 3,386,424: 68.4% BOARDS &AGENCIES T Net Board and External Agencles 3,518,319? 3,578,611. (60,292): 10,3241 82,887 3,521,596: 101q6% _ ._.... ....._ TOTAL OPERATING: . Y.._..�.,..r.-.,_ Revenue /Recoveries Expenditures M � _ _ __._....................................... _ (10,631,303): 48,597,151 _ (13,557,565) 48,236,321 2,926,262; 360,830. (3,792,578); 10,689,090 (6.137.459) v 12,657J49 (18,866,083). -6'1,7'3-2'-,7-2'6'- 1 732,726 71.9% 78.1% Net Operating Expenditures 37,965,848: 34,678,756_ 3,287,0921 6,896,512: 6,519,690: 42,866,643' 811.9% 15 -6 ATTACHMENT "B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the Third Quarter of the Year 2011 June 30, 2011 SEPTEMBER SEPTEMBER BEGINNING BALANCE INTEREST TAXES PAYMENTS/ 2011 2010 RECEIVABLE ADDED BILLED BALANCE ADJUST. — CURRENT YEAR TAXES 8,332,430 34,670,713 43,003,143 (29,625,665) 13,377,478 13,417,805 PENALTY AND INTEREST 95,342 83,193 178,534 10,502 189,036 207,258 FIRST PRIOR YEAR TAXES 4,016,496 4,016,496 (695,110) 3,321,386 3,338,027 PENALTY AND INTEREST 253,879 43,944 297,823 58,416 239,406 293,108 SECOND PRIOR YEAR TAXES - 1,514,133 - 1,514,133 (515,867) 998,266 1,228,704 PENALTY AND INTEREST 113,783 15,646 129,430 29,917 99,513 152,708 THIRD & PRIOR YEARS TAXES 591,699 - 591,699 (94,988) 496,711 726,368 PENALTY AND INTEREST 162,024 6,083 168,107 8,672 159,435 309,050 TOTAL 15,079,785 148,866 34,670,713 49,899,364 31,018,134 18,881,230 19,673,029 * Includes refunds, write -offs, 357's, etc. NOTE 1: 2011 Interim Instalment months: February and April 2011 Final Instalment months: June and September 5 =7 CORPORATION OF MUNICIPALITY OF CLARINGTON ATTACHMENT "C" INVESTMENTS OUTSTANDING As at September 30; 2011 (INVESTED IISSUER OF COST OF INTEREST MATURITY MATURITY IWITH 11NVESTMENT INVESTMENT RATE DATE AMOUNT I GENERALFUND I TOTALGENERALFUND 1 1,216,85T00 RBC GIC - BMO 624 188.00 CAPITAL FUND (- TOTAL CAPITAL FUND 25 -Se -15 1 675 641.17 1 RESERVE FU ND ( RBC STRIPBOND - PROVPQ 776,152.231 4.35% 01- Dec -11 986,467.00 RBC STRIP BOND - PROV ONTARIO 999,999.54 4.20% 02 -Dec -11 1,244 090.00 RBC GIC - BMO 1,708,762.00 1.70% 07- Dec -11 1 1,737,810.95 RBC GIC - RBC 2,000,000.00 1.65% 20 -Dec -11 2,033,000.00 � 5,484,913.771 INVESTMENTS 1 1 41,614,985.68 RBC GIC - RBC 2,000,000.001 4.05% 16- Mar -12 2,439,161.00 RBC GIC - BNS 51100,000.00 2.00% 01- Oct -12 5,306,040.00 RBC BA -TD 1,471,061.00 4.80% 30- Oct -12 1,859675:00 RBC STRIP BOND - PROV ONTARIO 699 779.86 2.50% 02- Dec -12 759 557.00 9,270,840.861 1 RBC BA - TD 1,503,357.00 4.80% 08- Jan -13 1,900,502.92 RBC GIC - BNS 1,546,695.00 4.50% 12- Feb -13 1,927 463.38 RBC GIC - BNS 599,161.001 4.35% 04- Mar -13 741,320.00 TD IGIC - TD 1,009,028.00 4.45% 25- Mar -13 1,254,427.00 TD GIC - TD 257 495.00 4.51% 13-May-13 321,039.00 RBC GIC - BNS 1,371,861.00 3.00% 13- Jun -13 1,499 070.00 RBC GIC - BNS 2,060,630.00 3.10% 30- Jul -13 1 2,328,277.00 RBC GIC - RBC 946,770.00 4.40% 30-Sep-13 1,174,213.00 RBC GIC - RBC 574,200.00 4.30 %1 15- Oct -13 598 890.60 RBC RBC GIC - BNS 1,338,742.00 4.15% 16- Dec -13 1 1,640,564.30 2,476,430.00 2.10% 20- Dec -12 2,581,532.17 GIC - BMO 1 13,684,369.001 1 RBC GIC:. BMO 1,000,000.00 2.75✓0 09- Mar -14 1,084,790.00 RBC GIC - BMO 983,080.00 1.80% 12-Sep-14 1,037,127.61 Manulife Bank Manulife GIC 742,599.00 2.05% 19 -Se -14 789,211.47 RBC RBC STRIPBOND - PROVONTARIO 999,807.77 3.35% 02- Dec -14 1,191,382.00 1,000,000.00 2.60% 08- Dec -14 1,013 000.00 GIC - BMO 1 4,725,486.77 Note that interest on GICs is annual compunding with the exception of the following. (A) Interest is paid semi - annually (B) Interest is paid annually 15 -8 ;B) A) RBC GIC - RBC 1,081,162.001 3.00% 09- Mar -15 1 1,216,85T00 RBC GIC - BMO 624 188.00 2.00% 25 -Se -15 1 675 641.17 1 1,705,350.00 I Manulife Bankl Manulife GIC 2,000,000.001 2.60% 19-Sep-16 1 2,273,876.11 2,000,000.001 1 I I � �TOTAL INVESTMENTS 36,870,960.401 I 41,614,985.68 Note that interest on GICs is annual compunding with the exception of the following. (A) Interest is paid semi - annually (B) Interest is paid annually 15 -8 ;B) A) F- l13 z U Q I-- F- a z 0 z U LL 0 J a.. _U ^z J Lr_ 0 0 a. 0 U Ca O 0 00 d cl I 64 U) ('7 (1) O O 0) O n m o rn Q a) O L LO L LO T ( Ln � (p U r 't-, Z3 L6 4 m r L LO O 00 O (� C E (D y ° o o O Ln O N 0) Z3 L L (O U Ln ca aa)) (n co L � N U -0 4) N � � O d O N O CD � r O N m r r > O O (0 F- F- O O z z a O Q m N T LO O C O O O C N a 15 -9 LO LO ri r-1 CO (D r-1 (D m 00 zt 00 Lf) I r-I ra M M ri lO It ri It (D m 01 r� Lq U) ri ri rl LD ri dt 00 M M . r- . LD . N ri M ri r-I r� N 00 Lf) ri N 00 rl r\ (3) H ci M LO Itt 00 Ln N r-i It N O 00 Lf1 O r, 4 Ln Ln LO 00 ri LD 00 01 Ln O 00 M N L(1 a> 0) a7 c1' 0) M It 0 co O r" ko cn rl 0) rn 0) d 00 rl r1 r- Lr) N (D 00 N m ri ri rl N r1 rl N Ln O) O M N N F-' 0 0 Ln Ln o o Ln 0 0 0 0 0 0 O Lit N N O Ln N Ln n O O O O O 01 N r� rl 4 rl Ln Ln 4 Ln O LD O O H N LD O rl CO 00 CO Ln N LLi H O O N n M M H LD N N LD O M r- Ln O O U Lry 00 ri m d' Lr Ln Cr' d' G 1:4' lD 06 00 (p U +o n n r\ N 00 r- 00 r� 00 rl 00 f\ 00 n 00 r- 00 r- N LD 0) O LD r- Lr) d Ln M rl rl e-i rl rl rl rl c-I _ c-I r-I N cr L!') 'zz rl H ri z Q 00 00 00 00 00 00 00 00 - d' O O rn rn rn rn d d d rn M O O dl d N O r, Lf) It rl C3') 0 O O LO o �t 00 rn r- 0, 0 o O N m O lzz LO Ln ri L' O O O m Cn d' M m m �l (D N LO 0) U (LO O ri O H O r-I O r-I O ri O ri O r-I Ln Ln 00 N N 0) c i 0) z J N U 00 00 00 00 00 00 00 00 .00 00 d d LI) ri w W LD LO � Lo W Lo '4 LD Ln m rl n Ln Q d' 't .4 .4 4't 4 4 4 r-: 4 U) N O N N N rl r, r� r� r� m 00 0) 0 0 0 0 0 0 0 0 0 0 m N O 00 r� r, r� r� r� N N r- N r M Tt N Ol 0 0 0 0 0 0 0 0 0 0 Ln N 0) N (� ri ri r-I rl r-I r-I H ri ri rl rl 00 00 L O O O O O O O m � N H L Lr) 00 O U) LD rn� O O O 0 N d' It Ln rl LD rl N O O O L M M m M m M� (D LD r- M m N r-I = J O O o _O 00 00 O m m O U ..Q N N Lr Lo N 110 N 00 O C r U Q m m rf E N m O O O O 0 O- r 0 O O O O O O .0 M N LPL O O O O O O d d O O C (U O o 0 o rn r- N +- (i N M Ln n CT) O O O c-I lD N 1p LO O N QQ O L U)Q r (14 (l) Cr' LO CO r- 00- 0) O + r r O r O r O r O r O r O r O r O r O N O. �- - N r O N r N N N N N N N N N N N N O N r (0 C 7 C } d (6 0- (10 Ca O 0 00 d cl I 64 U) ('7 (1) O O 0) O n m o rn Q a) O L LO L LO T ( Ln � (p U r 't-, Z3 L6 4 m r L LO O 00 O (� C E (D y ° o o O Ln O N 0) Z3 L L (O U Ln ca aa)) (n co L � N U -0 4) N � � O d O N O CD � r O N m r r > O O (0 F- F- O O z z a O Q m N T LO O C O O O C N a 15 -9 Schedule "E" MUNICIPAL DEVELOPMENT CHARGES MONTH OF SEPT 2011 2010 UNIT TYPE MUNICIPAL DEV. CHARGES PAID NUMBER OF UNITS MUNICIPAL DEV. CHARGES PAID NUMBER OF UNITS %CHANGE OF DEV.CHGS 2011 -2010 Single /Semi- Detached -New construction $ 265,940.00. 20 $ 438,433.00 31 - Additions $ - 0 $ - - 0 Townhouse $ 292,813.00 23 $ - 0 Apartment $ - 0 $ - 0 Commercial $ - 0 $ 5,491.30 1 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ -. 0 TOTAL $ 558,753.00 43 $ 443,924.30 - 32 25.9% MUNICIPAL DEVELOPMENT CHARGES JANUARY TO SEPT - YEAR TO DATE 2011 2010 UNIT TYPE MUNICIPAL DEV. CHARGES PAID NUMBER OF UNITS ,MUNICIPAL DEV. CHARGES PAID NUMBER OF UNITS %CHANGE OF DEV.CHGS 2011 -2010 Single /Semi -. Detached -New construction $ 5,263,666.00 367 $ 4,817,586.00 356 - Additions $ - 0 $ - 0 Townhouse $ 1,514,989.00 119 $ 1,214,828.00 101 Apartment $ - 0 $ 133,968.00 12 Commercial $ 622,359.96 11 $ 124,948.13 6 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 1 $ - 0 Industrial $ 1,061,511.95 3 $ - 0 TOTAL $ 8,462,526.91 501 1 $ 6,291,330.13 1 475 1 34.5% 15 -10 UNFINISHED BUSINESS #1 ciffingon REPORT CHIEF ADMINISTRATIVE OFFICE Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 17, 2011 Resolution #:G (2A -600- By -law#: Report#: CAO- 009 -11 File #: Subject: CLARINGTON BOARD OF TRADE CONTRACT RENEWAL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CAO- 009 -11 be received; 2. THAT Council approve the renewal of the current contract with the Clarington board of Trade for the delivery of economic development services for a period of five years (2012 -2016 inclusive) for an annual fee of $225,000 with a 2.5% annual cost of living adjustment; 3. THAT the Mayor and the Clerk be authorized to execute an agreement with the Board of Trade; 4. THAT all interested parties listed in Report CAO- 009 -11 be advised of Council's decision. Submitted by: FW /jp wN F F Franklin Wu, M.A.O.M Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379 18 -1 REPORT NO.: CAO- 009 -11 1. 1.1 1.2 1.3 lA 2.1 18 -2 PAGE 2 BACKGROUND The Clarington Board of Trade was incorporated in 1998 as a result of following through with a key recommendation of the Mayor's Task Force on Economic Development. The key mandate of the Board is to deliver economic development service on behalf of the Municipality, and specifically, in the area of business attraction and business retention. In exchange for the service rendered, the Municipality entered into a contractual agreement with the Board to provide an annual fee to offset its operating cost. The fees were adjusted over the years and shown as follows: 2000 $75,000. 2001 $75,000. 2002 $75,000. 2003 $75,000. 2004 $90,000. 2005 $95,000. 2006 $100,000. 2007 $100,000. 2008 $103,000. 2009 $106,000. 2010 $110,000. 2011 $110,000. The current contract expires on December 31, 2011 and would require a decision of Council to continue the contractual arrangement and to determine the costs to continue the said services. The Board met with the Chief Administrative Officer, presented its Business Plan which contains a request for a five (5) year contract renewal to reflect the following fee structure: 2012 $225,000. 2013 $230,625. 2014 $256,391. 2015 $262,800. 2016 $269,370. COMMENTS Since assuming the responsibility of economic development in 1999, the Board of Trade has gradually evolved into an umbrella organization of all local business REPORT NO.: CAO- 009 -11 PAGE 3 groups and associations. Working in concert with those economic development partners, the Board has taken on many economic development and promotional activities, spoken on behalf of all businesses in Clarington and worked closely with municipal staff to facilitate new business development. In addition, the Board has also established a strong presence within the Greater Toronto Area economic development community. 2.2 From a performance perspective, the Chief Administrative Officer has the privilege of working closely with the Board staff and is of the opinion that the Board has more than lived up to the terms and conditions of the Economic Development Contract. The Board staff has communicated well with municipal staff and has reported regularly to Council on its work program and accomplishment. 2.3 Our current model of economic development service being delivered by the Board is very cost effective. The Municipality is getting excellent value for the economic development services for a relatively small amount of fund allocated for this very important municipal function. Compared to similar size municipalities, Clarington's contribution to economic development services is among the lowest, if not the lowest. While the Municipality is getting excellent value for the work performed by the Board, the current underfunding will hamper future economic development efforts. 2.4 A lot has changed since the Board of Trade was incorporated thirteen years ago. Specifically, the Municipality has grown and there are increasing economic development activities witnessing the several impending major projects such as OPG Refurbishment, New Build, 407 and all the energy related business opportunities. All these require the necessary staff resources to ensure that the Municipality can capture all the potential business opportunities as well as to 18 -3 REPORT NO.: CAO- 009 -11 PAGE 4 accelerate our effort. The Board staff has done a very good job in doing whatever is necessary but it has become quite clear within the last few -years that the current staff resources would not be enough for the Board to carry out its contractual requirement of attracting new business and retaining existing business. 2.5 The Municipality's Strategy Plan has identified Economic Development as one of the six (6) priorities for this term of Council. Supporting the Board's request is not only consistent with this priority, but is critically important for the Municipality to work towards the long term goal of reducing our residential tax burden. 3. CONCLUSION The request from the board is very modest and is well supported by its Business Plan. Our model of economic development services through the Board of Trade has not only proven that it works, it is also the most cost effective for the delivery of this important service and therefore should be preserved and enhanced. In consideration of all the comments previously stated in this report, the Chief Administrative Officer would recommend Committee and Council approve the recommendations contained herein. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Franklin Wu, Chief Administrative Officer 18 -4 REPORT NO.: CAO- 009 -11 List of interested parties to be advised of Council's decision: Sheila Hall, Executive Director Economic Development Officer The Clarington Board of Trade & Office of Economic Development 181 Liberty Street South, P.O. Box 434 Bowmanville, Ontario L1 C 3Z2 PAGE 5 18 -5 via uian MEMO Leading the 'Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: October 28, 2011 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA— OCTOBER 31, 2011 — UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, October 31, 2011: 6. DELEGATIONS See attached Final List. (Attachment#1) Anne"-GreentrW Deputy CI AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 i i Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: October 31, 2011 (a) Frank Lockhart, Regarding the Fish By-pass Channel (b) Martin Vroegh, President, Clarington Board of Trade, Regarding Report CAO-009-11, Clarington Board of Trade Contract Renewal (c) James Reininger, Regarding PSD-085-11, To Redesignate the Property to Permit a Medium Density Residential Development I (d) Scott Waterhouse, Regarding PSD-085-11, To Redesignate the Property to Permit a Medium Density Residential Development (e) Myno Van Dyke, Director, Newcastle & District Historical Society, Regarding i Renaming Newcastle Memorial Park I (f) Dan Worrall, President, Clarington Fire Fighters Association, Regarding ESD-016-11, Progress Report— Operational Planning: An Official Guide to Matching Resource Deployment and Risk I i i i I I I, I i I I I HANDOUTS PRESENTATIONS Joseph Atkinson Park or Parkette � ... Presentation to Municipality of Clarington GP&A by Newcastle Village & District Historical Society ..........October 31 , 2011 Joseph E. t Ir vow1 From the b Ideas" "Joseph E. Atkinson stands as one of the most influential unelected Canadians of the 20th Century in creating a just and more equitable Canada . "---------- --------------- a r Y r r = NVDHS • Nov. 2009- Request to Council that Street be named after Atkinson-April 2010 denied by the Region of Durham . • Nov. 2010- Request to Council that Park area surrounding library be named "Joseph Atkinson Park"-denied May. 2011 - Council with our support proposed that the par kette on west side KDf Community Hall to be named "Josep Atkinson Park" -denied . kinson Park or Parkette Proposal ■ We are proposing that the southwest corner of the Clarington Public Library, Newcastle Branch be called either "Joseph Atkinson Park" or "Joseph Atkinson Parkette" . The soccer field and playground area north of the parking lot -- retain the name "Memorial Park" _ ----- ---------- ---------------- ��r"\ Y�: a'� '' i!•1 �' r '�`�1' tiT".dl� � �l p h i �.:jf�� Il Ir rp: i` • :�., '� �, f'�'.- "+.+�J.iti• � fir.• y� eii� 4hY Ad-,mod' a'P ig a s a • •ial: ��-. �=rte •'� ..:' • � -. «�a. r � •.5:: 9--nt 1XV ,r • Y Y � � '�v •. 7 " z fik�', �� # . M f•t .. ... 744,/' �` a rY ��' I.T , k ly tj OF ft I ..r o o4 Clarington Public Library Newcastle Branch ■ July 26t", 2011 - Met with Peter Windolf, Director of Parks, Gail Rickard (Chair of Clarington Library Board ), John Greenfield and Tim Walton from Royal Canadian Legion- Bowmanville Branch * October 18t"- received letter from Rick Saunders, Legion President advising they agree to splitting Memorial Park into two parks- south-west corner Atkinson- north of parking lot - remains Memorial Park a9 October 26t"- Library Board passes motion to support above. Atkinson Promoted Literacy "Joseph Atkinson., the Star's publisher 1899 to 1948, was a fierce proponent of literacy. Fuelled by his own experience growing up in poverty, he saw education as a way for the poor to improve their lot. He promoted reading and offered readers free books through a Star librqnLservice (from Atkinson Foundation web site).. 1 P _ i y„�ro�s�wSE r S err �� 7 _ Thank You Clarington Public Library Telephone:(905)623-7322 163 Church Street,Bowmanville Ontario,Canada Ll C 1T7 win�d.clnrin�atcm-lit.rery.on.c� October 27, 2011 Myno Van Dyke, Director Newcastle Village & District Historical Society Box 15 Unit 3 20 King Avenue West Newcastle, ON L1B 1L9 Dear Myno: Please be advised that at the October 26, 2011 Clarington Public Library Regular Board Meeting, the following motion was passed: "THAT the Clarington Public Library Board support the Newcastle Village & District Historical Society's request to split and rename part of Memorial Park as the Joseph E, Atkinson ParklParkette, provided the Royal Canadian Legion Branch #178 continues its support and provided that this request does not encroach on current library signage or any future plans of library expansion". On behalf of the Clarington Public Library Board, I would like to thank you for your time and for the excellent presentation highlighting Joseph E. Atkinson's family background and his contributions to the Newcastle community. Sincerely, A/ Gail Rickard, Chair Clarington Public Library Board rhe 'Royal Canadian Legl'[ Dn BOWMANVILLE (ONT. NO, 178) BRANCH BOWMANVILLE, ONTARIO LIC31<8 Myno Van Dyke 20 Graham Street, Newcastle, Ont, LIB IJ7 Dear Myno, I am writing this letter to confirm Branch #178 , of The Royal Canadian Legion agrees with the separation of memorial park in Newcastle, providing all permits required to do so are obtained and no by-laws have been breached. IT you need any further information or clarification please dont hesitate to contact me. S ineerel y yo6jrs,,., Dick Saunders", On behalf of the executive And Membership of Wanch #178 cc: Peter Windoff C . E . F . S ■ 0 inimum Staffing Report Response to ESD-016-11 Dan Worrall Clarington Fire Fighters Association October 31, 2011 1-would like to thank the Mayor and Council for the opportunity to speak to you today. As you will see in the Chiefs Report ESD-016-11 that the Fire Chief has requested of council is to give direction on the staffing of full time pumper 1 and pumper 4. While in agreement with the Chiefs report, the Association would like to speak on the following. At this time I would like you to please turn to page reference 11-15. Para 4.1 In 4.1 the recommendation is that the report states that the "minimum staffing level will remain 6 firefighters". The position of the Association is that direction be given as requested by the Chief as so that it be read, understood and directed by council "that no full time pumper be staffed less than a staffing of one officer and three firefighters". With the current proposed staffing protocols as proposed in ESD-016-11 will allow on occasion staffing of C.E.F.S. full time apparatus to fall below the industry standard which is 4 firefighters per truck 365 days a year 24 hours a day. Numerous documents, research papers and fire master plans support the underlining fact that C.E.F.S. is not providing a constant crew size on its full time trucks. These staffing numbers are established by such institutions as the N.F.P.A. (National Fire Protection Association) the OFM (Ontario Fire Marshall) where these recognized standards, and studies indicate that all fire pumper's rescues should be staffed with four firefighters. It should be understood that we as a fire department should not be given the liberty to pick and choose which of the National Fire Protection Association Articles, in which the C.E.F.S. endorse. 1 Response to ESD-016-11, Staffing of Fire Apparatus, October 31, 2011 Current fire department practice has the C.E.F.S. utilizing the N.F.P.A. for the purchasing and specking the equipment of our fire trucks, fire gear, hoses right down to the design of our halls. So it begs the question why should we differ when it comes to the direction of fundamental safety as it applies to that of staffing fire apparatus. Proper staffing of a fire apparatus is essential in the fire service. When apparatus is staffed adequately, efficiency along with firefighter safety increases, and property loss decreases. Fire operations demand an adequate number of firefighters to deliver the needed service to abate the hazard. Inadequate staffing of fire apparatus has related to an increase of large-loss fires. Four person crews are able to complete the 22 essential firefighting and rescue tasks in a residential setting 25 % percent faster. The overall scene time measure is critical to the fires crews' ability to complete their work safely and return to the stations in order to be ready for the next call. Fire risks grow exponentially. Each minute of delay is critical to the safety of occupants and fire fighters and is directly related to property damage. Results show that a four person crew is able to apply water six percent faster than a three person crew. Existing studies agree that four is an acceptable staffing level. Fire apparatus must arrive with adequate personnel to effectively, safely, and expeditiously abate a fire hazard. The data provide by the NIST Report indicates that firefighters are safer when they operate in teams of four, and able to complete all tasks 25 % effective than that of a 3 person team. They are also more efficient and more effective in completing time sensitive tasks. Standards, procedures, and guidelines all indicate that the prudent thing to do is staff fire apparatus with four firefighters. Fire apparatus that are staffed with four in task completion can operate faster and in a safer environment. 2 Response to ESD-016-11,Staffing of Fire Apparatus, October 31, 2011 With the use of a four person staff the increase in fire operation speed allows that property loss and fire deaths can be reduced. The results show numerous benefits to staffing apparatus when adequate personnel arrive to abate the hazard. Additional staffing of fire apparatus in Clarington is warranted. The benefits indicate that fire apparatus staffed with four firefighters makes sense. Apparatus needs to arrive with enough firefighters to begin the labour intensive job of abating all hazards. Fire crews need to have enough firefighters in their team to effectively carry out job tasks fast and in a safe manner. Adequate manpower is crucial. The task of saving lives needs to be done quickly. Firefighters are constantly working against the clock and time is a major factor. C.E.F.S. it's council and its residents should demand to have the to staff fire apparatus with four firefighters on a 24 — 365 day basis to form the base of a department that utilizes all its fire fighters both part time and full time. From minute to minute, the fire department has no idea how many part time fire fighters will be available to respond to the emergency. The on scene incident commander is left guessing if whether there are enough personnel available to properly handle the emergency. Fires are not the only responsibility of the C.E.F.S., staffing for the majority of our calls which are medical and motor vehicle collisions require quick numbers of firefighters on scene to render assistance. This is not to preclude the additional technical rescue calls such as hazardous materials, water rescue and rope rescue which are a service in which the Municipality provides as part of the Fire Departments By-Laws. These specific emergency calls require speciality qualified full time, fully staffed personnel and apparatus to assist the residents and visitors of Clarington in their time of need. 3 Response to ESD-016-11, Staffing of Fire Apparatus, October 31, 2011 In closing the Association believes that the residents of Clarington should not have a fire service that is 25 percent less effective than other Regional fire services. In the report ESD-016-11 the Chief has requested approval for a 2012 master fire plan. The Association wishes to be put on record that the Association stands behind the Chiefs request for approval of the 2012 master fire. Additionally, the Association would encourage the support of Council to have Association members participate as an active member assisting in mapping CEFS future along with management for the years to come including the 2012 projected Master fire plan. Thank you.. 4 Response to ESD-016-11, Staffing of Fire Apparatus, October 31, 2011 t REPORT NO.: E6D-016-'11 PAGE 4 2.4 Emergency E,nd Fire ;services compliment of fire suppression staff includes: • 25 volu,aver firefighters at Station 1, Bowmanville ® 25 volunteer firefighters at Station 2, Newcastle 25 volujnteer firefighters at Station 3, Orono ® 25 volunteer firefighters at Station 4, Courtice 25 volunteer firefighters at Station 5, Enniskillen 18 full-—rie ffretighters between Station 1, Bowmanville and Station 4, Courtice 24/7. The Depar tnient's 48 firefighters are spread over 4 platoons, 12 firefighters per platoon. To accommodate vacation, lieu days and education days 3 firefighters are permitted to sod-)edule time off-duty. The minimum compliment of fulltime firefighters be,'ore over tirrie is called in is 6 per platoon. Each platoon Fias 1 6spat.-her. 3.0 CONCIJRRE-4 ;E: Not Applicable 4.0 RECOMMENDATION 4.1 The Deuariniunt wvl,e!; i c;ssibfe and s4__;ffing levels permit, will assign five firefighters to I-ump '; and 5 firefighters to Pump 4 (Courtice) in the following the r i.; uar. staffing level will remain 6 firefighters and 1 dispatcher. On-Dlut� Off-Duty Firefighters Pump 1 Pump 4 SCAT Truck Firefighters (excludV!j BovomianviIIe Courtice Bowmanville 12 5 5 2 0 11 _ 2 1 10 _ 0 2 9 f 0 3 8 _ '; 4 0 4 7 Lf 3 0 5 Liss than 6 fiVefigh-ers on-cauty would require overtime s-taff Assigninb g 5 -fri,_�righ'ters to Pump 1 and Pump 4 respectively provides 1"orvacation, lieu days, education class and shor_JId al!ow each vehicle to respond with 4 firefighters is i&Ttjsive of-r «f icer. i 11-15 HANDOUTS/CIRCULATIONS GPA Application By. 0 0 1825284 Ontario Limited .1 A A Applications A proposed draft plan of subdivision & A zoning by- law amendment to permit up to 66 single detached residential units File No.: S-C- 2011 -0001 & ZBA 2011 -0024 Pi opeily Location Map(Bow manvm @ / erm Road Wdening CONCESSION ROAD 3 a§m ge /\ )� \S !f )/ )j / \\ / \k 2 } }} ¥ §w _j \§ m am 5 // �m \ j -6 EEO \ §g �j [ f/ \{ \ -zi ® (( kE3L K�4 MAX rUNITS 9.0M FRONTAGE) uN6 UNITS m.0M FRONTAGE) ? COURTNEY STREET 5 4 ZBA 2011-0024 KB B a m ng By-law Am endm ent MAX e»9 7.DM FRONTAGE) MIN 8UNITS SA FRONTAGE) ! S--0] 00] 2 4 Q S Draft Plan ofSubdivision 00 wwEAVENUE 2 ,m: '1825n4 mTta A LTA(City Ho g �� r. ' sm am - t� tee:is t�j� 391 F"IM Law too im j� - ■ �r .__ r..1 P ■.-....: . �� Ell MENE M t Mod LA r i �� , i X71► .ni "MEN 1NIr tow -ARE Ion j f �.AArlfltxKm r amir i. a��i ■ 4 ■ 11q� �■ IL r �.� rl�rr r14■ f Jrem �lrhr�a now !.irk IW ho ZBA 2011-0024 r NANG Considered ------------ FUTU I RESIDEN77AL —V ------ T---- � --�—_— ---i of i I I T Extension of --"--, L_ �7 existing 74-7-1101 -=_ �� " . road/servicing�_. I'-'-i IL__._. • I ,r ' - �_ - i ._'i li CIXRIAlY.m�• _ 3 g I I I , � ��5-r. - �-- 1I ER p attern R !rl al i •i' i�7" • Lots are J 1 -,_ . T I L v 1 T r �°`r T—,rt--r 1 I i T r—, �,_r r DRAFT PLAN "(` i 1 OF SUBDIVISION i i l $ I " 8 ! g x i a i ® i i i i = 1 �i •� • I 1 f % I I N,l di Ip15 I[ U 7 M9 MM dY GOINING TO MWBLr fUn ! I I I I I by i'p t``I i - GAS R� D I rI— L � _ L 1 � II d}I ,.adss B• J I-._r_._�1 l � I-�I 1�-r�I-_ _.�I._. RM9UG(W6NI CH LI KP5AN I�q j .3 1 1 � 1ObLI�MT9Y!�Oa F+H Cltt P OAf R IWNI G TItHOU. N r e r e s e n t e d N IN �-•yry pt L I � i I I I 1 1 I I _-1,_,1,_.1._,L._.L,_L._1_.J .L_.i_1—._!_—I_.1-.1_J._.J._-1._1.-.LL,_L I 1.=.1 L..-L—.� � " i Ions blocks DP-1 omments Public tM� i... Staff & �^ r agencies Planning ANEWs Pi opeily Location Map(Bow manvm @ / erm Road Wdening CONCESSION ROAD 3 a§m ge /\ )� \S !f )/ )j / \\ / \k 2 } }} ¥ §w _j \§ m am 5 // �m \ j -6 EEO \ §g �j [ f/ \{ \ -zi ® (( kE3L K�4 MAX rUNITS 9.0M FRONTAGE) uN6 UNITS m.0M FRONTAGE) ? COURTNEY STREET 5 4 ZBA 2011-0024 KB B a m ng By-law Am endm ent MAX e»9 7.DM FRONTAGE) MIN 8UNITS SA FRONTAGE) ! S--0] 00] 2 4 Q S Draft Plan ofSubdivision 00 wwEAVENUE 2 ,m: '1825n4 mTta A LTA(City Ho g ��