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Leading the Way
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: November 28, 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 November 14, 2011 4 -1
5. PRESENTATIONS
No Presentations
6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1
List)
(a) Otto Provenzano, from 465862, Ontario In., Regarding Snow Clearing
Invoice
7. PUBLIC MEETINGS
(a)
Application to Amend the Zoning By -law 84 -63 7 -1
Applicant: Bruce and Karen Ellis
Report: PSD- 091 -11
(b)
Application to Amend the Zoning By -law 84 -63 7 -3
Applicant: Zion United Church
Report: PSD- 092 -11
8. PLANNING SERVICES DEPARTMENT
(a)
PSD- 091 -11 , Proposed Zoning By -law Amendment to Permit an Existing 8 -1
Non - Conforming Accessory Building
(b)
PSD- 092 -11 Proposed Zoning By -law Amendment to Facilitate a Lot 8 -7
Line Adjustment Between a Church and Cemetery
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
G.P. & A. Agenda - 2 - November 28, 2011
(c) PSD- 093 -11 Application for Removal of Holding and for Removal of 8 -14
Part Lot Control — Block 57 of 40M -2430
Prestonvale Developments Inc.
(d) PSD - 095 -11 Heritage Designation Request 8 -24
20 Horsey Street, Bowmanville
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD- 037 -11 Process for External Engineering Services 9 -1
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD- 017 -11 Monthly Activity Report — October 2011 11 -1
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD- 033 -11 Results of Noise Investigation, Orono Fish and Hunt Club 13 -1
(b) CLD- 034 -11 Scheduling of Statutory Public Meetings 13 -25
14. CORPORATE SERVICES DEPARTMENT
(a) COD - 036 -11 Bowmanville Tennis Club — .Court Lease 14 -1
15. FINANCE DEPARTMENT
No Reports
16. SOLICITOR'S DEPARTMENT
No Reports
17. CHIEF ADMINISTRATIVE OFFICE
No Reports
G.P. & A. Agenda - 3 - November 28, 2011
18. UNFINISHED BUSINESS
(a). . COD - 035 -11 Clarington Older Adult Centre Board Governing By -law 18 -1
[Tabled from November 21, 201.1 Council Meeting]
19. OTHER BUSINESS
20. COMMUNICATIONS
21. CONFIDENTIAL REPORTS
22. ADJOURNMENT
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Leading Me My
General Purpose and Administration Committee
Minutes
November 14, 2011
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, November 14, 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: Acting CAO, M. Marano
Municipal Solicitor, A. Allison
Deputy Fire Chief, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Director of Operations, F. Horvath
Deputy Clerk, A. Greentree
Committee Coordinator, J. Gallagher
Mayor Foster chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this meeting.
ANNOUNCEMENTS
Councillor Novak attended the following events:
• One of the three local Remembrance Day services, with Councillor Neal at White
Cliffe Terrace Retirement Residence in Courtice on Friday, November 11, 2011.
• The film and presentation of "The Polar Explorer" by Mark Terry on Thursday,
November 10, 2011 at the Regent Theatre in Oshawa.
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General Purpose and Administration Committee
Minutes
November 14, 2011
Councillor Neal attended the following events:
• Chinese National Women's Hockey game, hosted by the Clarington Flames
Midget AA, at the Garnet B. Rickard Recreation Complex, on Wednesday,
November 9, 2011.
• Remembrance Day Service at White Cliffe Terrace Retirement Residence in
Courtice on Friday, November 11, 2011.
• LOSSA football finals at the Clarington Fields in Bowmanville in support of Holy
Trinity Secondary School in Courtice.
Councillor Hooper attended the following events:
• Remembrance Day service in Bowmanville on Friday, November 11, 2011.
• Chinese National Women's Hockey game, hosted by the Clarington Flames
- Midget AA, at the Garnet B. Rickard Recreation Complex, on Wednesday,
November 9, 2011.
• The film and presentation of "The Polar Explorer" by Mark Terry on Thursday,
November 10, 2011 at the Regent Theatre in Oshawa.
Councillor Hooper noted that the Clarington Older Adults Association held an event
entitled "Old Wives Tales" at the Beech Centre on Saturday, November 12, 2011. He
announced that the Bowmanville BIA will be hosting a Ladies Shopping Night, entitled
"What a Girl Wants" on Wednesday, November 16, 2011. Councillor Hooper also noted
that the 50th Annual Bowmanville Santa Claus Parade will commence on Saturday,
November 12, 2011 at 10:30 a.m.
Councillor Woo attended the following events:
• Remembrance Day service in Newcastle on Friday, November 11, 2011.
• Wilmot Creek's 24th Annual Remembrance Day service on Friday, November 11,
2011, with Councillors Foster, Traill, Novak, Hooper, and Woo.
Councillor Woo announced the Clarington Visual Arts Centre - Wall to Wall: Draw a
Masterpiece fundraiser on Friday, November 18, 2011. He also announced that
Newcastle Family Connection has received a Trillium Grant for new flooring and
upgrades to the storage space. There will be a "Thank You" event for the Trillium Grant
on Saturday, November 19, 2011 at 1:30 p.m. at the Newcastle Memorial Arena.
Councillor Traill attended the following events:
• Wilmot Creek's 24th Annual Remembrance Day service on Friday, November 11,
2011.
• Gold Reflections Fine Jewellery 25th Anniversary celebration on Saturday,
November 12, 2011.
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General Purpose and Administration Committee
Minutes
November 14, 2011
Councillor Partner attended the following events:
• Chinese National Women's Hockey game, hosted by the Clarington Flames
Midget AA, at the Garnet B. Rickard Recreation Complex, on Wednesday,
November 9, 2011.
• Several Remembrance Day services on Friday, November 11, 2011.
• Orono United Church Bazaar on Saturday, November 12, 2011.
• Newcastle United Church Roast Beef Supper, with Councillors Woo and Hooper,
on Sunday, November 13, 2011.
Councillor Partner announced the Newcastle Horticultural Society pot luck membership
drive being held at 6:30 p.m. at the Newcastle Town Hall on Tuesday, November 15,
2011. She also announced the Orono Rebekka's "Raise the Roof" turkey dinner in
Orono on Wednesday, November 16, 2011, and the Newcastle Santa Claus Parade on
Sunday, November 20, 2011 which will commence at 5:30 p.m.
Mayor Foster thanked Scott Taylor for the donation of the banner to the Royal Canadian
Legion. Mayor Foster congratulated the organizers of the Chinese National Women's
Hockey game, hosted by the Clarington Flames Midget AA, for a successful event. He
announced the Durham Regional Police Service Property Auction to be held on
December 9, 2011 at the Grist Mill Auctions in Newtonville. Mayor Foster encouraged
everyone to wear pink on Friday, November 18, 2011 in support of "Anti- bullying Week ".
He announced the Bowmanville Santa Claus parade on Saturday, November 12, 2011
will include all members of Council. Mayor Foster attended the opening of the Village
Heart in Newcastle on Saturday, November 12, 2011. He attended the Remembrance
Day service at Wilmot Creek on Friday, November, 11, 2011.
MINUTES
Resolution #GPA- 645 -11
Moved by Councillor Neal, seconded by Councillor Partner
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on October 31, 2011, be approved.
CARRIED
PRESENTATIONS
There were no presentations.
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General Purpose and Administration Committee
Minutes
November 14, 2011
SUSPEND THE RULES — ADD AGENDA ITEM
Resolution #GPA- 646 -11
Moved by Councillor Woo, seconded by Councillor Traill
THAT the Rules of Procedure be suspended to add a delegation.
CARRIED
Resolution #GPA- 647 -11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Libby Racansky be added to the list of delegations, regarding Report
PSD- 088 -11, Application for Removal of Holding on Lots 1 -12, 40M -2452, Duval Street,
Courtice and Report PSD- 089 -11, Application for Removal of Holding and for Removal
of Part Lot Control - Block 93 of 40M -2364.
CARRIED
DELEGATIONS
Libby Racansky was present to discuss the removal of holding proposed in Reports
PSD- 088 -11 and PSD- 089 -11. She provided Council with a definition of "removal of
holding ". Ms. Racansky stated that she was concerned about the setback for the
Headgate application and its impact on the local environment. She asked that Council
request the developer address the following issues with respect to the application in
Report PSD- 088 -11 prior to removing the holding symbol: adding a tree buffer,
removing the stockpile and preparing a plan for the removal of rare species from the
watershed. Ms. Racansky stated that she is also concerned with the effect of light
pollution on the environment. She informed the Committee that the developer has not
informed the residents of local issues such as: pet by -laws, protection of wetlands,
keeping setbacks, and monitoring of cumulative setbacks.
Councillor Novak chaired this portion of the meeting.
IKIE
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General Purpose and Administration Committee
Minutes
November 14, 2011
PUBLIC MEETING
(a) Subject: Application to Amend the Zoning By -law 84 -63 and
Draft Plan of Subdivision
Applicant: Prestonvale Heights Limited
Report: PSD- 087 -11
Tracey Webster, Planner, made a verbal and PowerPoint presentation to the Committee
regarding the application.
No one spoke in opposition to or in support of the application.
Nicholas Mensink, Sernas & Associates, was present , along with Janice Robinson,
representing the applicant. He was present to address any 'questions from the public or
Council.
PLANNING SERVICES DEPARTMENT
PROPOSED REVISION TO DRAFT APPROVED PLAN OF SUBDIVISION AND
REZONING TO PERMIT A 146 UNIT RESIDENTIAL PLAN OF SUBDIVISION
APPLICANT: PRESTONVALE HEIGHTS LIMITED
Resolution #GPA- 648 -11
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report PSD- 087 -11 be received;
THAT the applications to amend the Zoning By -law and Draft Approved Plan of
Subdivision submitted by Prestonvale Heights Limited to permit the development of 146
residential units continue to be processed including the preparation of a subsequent
report; and
THAT all interested parties listed in Report PSD- 087 -11 and any delegations be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
November 14, 2011
APPLICATION FOR REMOVAL OF HOLDING LOTS 1-12,40M-2452, DUVAL
STREET, COURTICE
APPLICANT: HEADGATE DEVELOPMENTS INC.
Resolution #GPA- 649 -11
Moved by Mayor Foster, seconded by Councillor Woo
THAT Report PSD- 088 -11 be received;
THAT the application submitted by Headgate Developments Inc. to remove the Holding
(H) symbol be approved;
THAT the By -law attached to Report PSD- 088 -11 to remove the Holding (H) Symbol be
passed and a copy forwarded to the Regional Municipality of Durham and the Municipal
Property Assessment Corporation (MPAC); and
THAT all interested parties listed in Report PSD- 088 -11 and any delegations be advised
of Council's decision.
CNe1111 :�;
APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT
CONTROL - BLOCK 93 OF 40M -2364
CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED
Resolution #GPA- 650 -11
Moved by Councillor Hooper, seconded by Mayor Foster
THAT Report PSD- 089 -11 be received;
THAT the application submitted on behalf of Claret Investments Limited and 1361189
Ontario Limited to remove the Holding (H) symbol be approved and the By -law attached
to Report PSD- 089 -11 to remove the Holding (H) Symbol be passed;
THAT the request for removal of Part Lot Control with respect to Block 93 of 40M -2364
be approved and that the Part Lot Control By -law attached to Report PSD- 089 -11 be
passed pursuant to Section 50 (7.1) of the Planning Act;
1119V
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General Purpose and Administration Committee
Minutes
November 14, 2011
THAT a copy of Report PSD- 089 -11, the approved Part Lot Control By -law, the
approved By -law to lift the Holding Symbol 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- 089 -11 and any delegations be advised
of Council's decision.
CARRIED
CLARINGTON ENERGY PARK STREETSCAPE AND SUSTAINABILITY AND
DEVELOPMENT DESIGN GUIDELINES
Resolution #GPA- 651 -11
Moved by Mayor Foster, seconded by Councillor Neal
THAT Report PSD- 090 -11 be received;
THAT the Clarington Energy Park Streetscape and Sustainable Development Design
Guidelines (September 2011), prepared by Urban Strategies Inc. be adopted; and
THAT all interested parties listed in Report PSD- 090 -11 and any delegations be advised
of Council's decision.
CARRIED
Lori Gordon left the meeting at 10:29 a.m.
Councillor Traill chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2011
Resolution #GPA- 652 -11
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report EGD- 037 -11 be received for information.
CARRIED
Lori Gordon returned to the meeting at 10:35 a.m.
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General Purpose and Administration Committee
Minutes
November 14, 2011
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
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
APPOINTMENT TO THE SAMUEL WILMOT NATURE AREA MANAGEMENT
ADVISORY COMMITTEE
Resolution #GPA- 653 -11
Moved by Councillor Traill, seconded by Councillor Neal
THAT Report CLD- 032 -11 be received;
THAT the resignation of David Best from the Samuel Wilmot Nature Area Management
Advisory Committee be received, with regret, and that he be thanked for his contribution
to the Committee; and
THAT Bonnie Seto be appointed to the Committee for a term concurrent with Council.
CARRIED
Mayor Foster chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
CLARINGTON OLDER ADULTS CENTRE BOARD GOVERNING BY -LAW
Resolution #GPA- 654 -11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report COD - 035 -11 be received;
General Purpose and Administration Committee
Minutes
November 14, 2011
THAT By -law #2001 -216 be repealed; and
THAT the By -law attached to Report COD -035 -11, a By -law to establish a Municipal
Services Board to provide social and recreational opportunities to the Older Adults of
Clarington through the operation of the Clarington Beech Centre, be approved.
CARRIED
FINANCE DEPARTMENT
There were no reports to be considered under this section of the Agenda.
SOLICITOR'S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
There were no items considered under this section of the Agenda.
OTHER BUSINESS
LETTER OF APPRECIATION TO SCOTT TAYLOR REGARDING DONATION OF
BANNER
Resolution #GPA- 655 -11
Moved by Councillor Novak, seconded by Councillor Woo
THAT the Mayor's Office forward a letter of appreciation to Scott Taylor to thank him for
his donation of the banner to the Royal Canadian Legion.
CARRIED
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General Purpose and Administration Committee
Minutes
November 14, 2011
LETTER OF APPRECIATION TO KINGSWAY ARMS REGARDING REMEMBRANCE
DAY CELEBRATION
Resolution #GPA- 656 -11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Mayor's Office forward a letter of appreciation to Kingsway Arms to thank
them for their Remembrance Day dinner and celebration.
CARRIED
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- 657 -11
Moved by Councillor Neal, seconded by Councillor Novak
THAT the meeting adjourn at 10:44 a.m.
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DEPUTY CLERK
DRAFT LIST
OF DELEGATIONS
GPA Meeting: November 28, 2011
(a) Otto Provenzano, from 465862 Ontario In., Regarding a Snow Clearing
Invoice
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.0
NOTICE F CON PUBLIC MEETING
REPORT # PSD- 091 -11
Leading the Way -
Bruce and Karen Ellis
The Municipality of Clarington has received a Complete Applications for a proposed Zoning By -law
Amendment.
APPLICANT: Bruce and Karen Ellis
PROPERTY: 7486 Thompson Road, Clarke
PROPOSAL: To rezone the property to permit an existing accessory building (detached
garage) that exceeds the maximum permitted height and floor area
FILE NO.: ZBA 2011 -0029
A Public Meeting to receive input on the application will be held on:
DATE: Monday, November 28, 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 application 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, 3rd Floor,
40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Mitch Morawetz at (905) 623-
3379, extension 2420 or by e -mail at mmorawetz @clarington.net.
If you cannot attend the Public Meeting on this application.you can. make a deputation to. Council at their
meeting on Monday, December 5, 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 30, 2011 to
have your name appear on the Agenda.
APPEAL
If a person or public. body does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington,. Planning Services Department before the by -law is
passed, the person or public body:
i) 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 Municipality of Clarington this 1St day of November, 2011.
David J. Crome, M.C.I.P.., R.P.P.
Director of.Planning Services
Municipality of Clarington
Cc: LDO
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
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NOTICE OF COMPL PUBLIC MEETING
REPORT # PSD -092 -11
�eadFng the way AN DZion United Church
The Municipality of Clarington has received a Complete Applications for a .proposed Zoning By -law
Amendment.
APPLICANT: Zion United Church
PROPERTY: 5165 Enfield Road, Darlington
PROPOSAL: To amend the Zoning By -law to facilitate a lot line adjustment to sever the
cemetery lands from the church property
FILE NO.: ZBA 2011 -0030
A Public Meeting to receive input on the application will be held on:
DATE: Monday, November 28, 2011
TIME: 9:30 a.m.
PLACE: Council. Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
Additional information relating to the application 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 L1C 3A6, or by calling Mitch Morawetz at (905) 623-
3379; extension 2420 or by e -mail at mmorawetz @ciarington.net.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their
meeting on Monday, December 5, 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 30, 2011 to
have your name appear on the Agenda.
APPEAL
if a person or public body does not make oral submissions at a public meeting or make written
submissions to the Municipality of Clarington, Planning Services Department before the by -law is
passed, the person or public body.,
i) 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 Municipality of Clarington this 1St day of November, 2011.
David J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
Municipality, of Clarington
Cc: LDO
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution #: By -law #:
Report #: PSD- 091 -11 File #: ZBA 2011 -0029
Subject: PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT AN EXISTING NON-
CONFORMING ACCESSORY BUILDING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 091 -11 be received;
2. THAT the rezoning application submitted by Bruce and Karen Ellis continue to be
processed including the preparation of a further recommendation report; and
3. THAT all interested parties listed in Report PSD- 091 -11 and any delegations be advised
of Council's decision.
s
Submitted by: Reviewed by:
D ' 'J. Crome, MCIP, RPP
Director of Planning Services
MM /CP /df
17 November 2011
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379
REPORT NO.: PSD- 091 -11
1. APPLICATION DETAILS
1.1 Applicant: May Luong, MCIP, RPP, Borden Ladner Gervais LLP
1.2 Owner: Bruce and Karen Ellis
1.3 Proposal: To permit an existing non - conforming accessory building
1.4 Area: 4.3 Hectares
1.5 Location: 7486 Thompson Road, Clarke
2. BACKGROUND
Page 2
2.1 On September 21, 2011, May Luong on behalf of Bruce and Karen Ellis submitted an
application for rezoning of the lands known as 7486 Thompson Road in Clarke. The
purpose of the application is to permit an existing non - conforming accessory building
(detached garage) in addition to all uses and structures already permitted on the
property. The applicant has submitted a Planning Rationale Report and as -built plans
for the detached garage.
2.2 In 2008, Bruce and Karen Ellis hired a contractor to renovate their house and
construct a detached garage. They were under the impression that the contractor had
obtained permits for all of the work, however became aware in January, 2011, that no
building permit had been obtained for the construction of the detached garage. Upon
inspection by Clarington Staff, it was determined that the detached garage, constructed
in 2008 did not comply with the Zoning By -law provisions for maximum permitted
height and maximum permitted total floor area for accessory buildings. The Ellis's
applied for a minor variance to permit the increased height and floor area, however it
was determined that the increased height and floor area were not minor in nature and
therefore a minor variance could not be granted. An older 75 ml accessory building
also exists on the property.
2.3 The non - conforming garage is made of recovered material from an old barn and has
been constructed to resemble the original barn. There is a half storey above the first
storey of the garage and access is from an exterior staircase. Electrical outlets are
provided however there is no plumbing. The total floor area of the garage is 155 ml
and the height is 6 metres. The Zoning By -law allows accessory buildings to have a
total floor area of 120 square metres and a maximum height of 4.5 metres.
3. . LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property, located on the west side of Thompson Road and north of Ganaraska
Road, is 4.3 hectares in size and contains a single detached dwelling and two
accessory buildings, one of which is the subject of this application. The property has
REPORT NO.: PSD -091 -11
Page 3
numerous trees in the front yard and is surrounded by other rural residential and
agricultural properties.
3.2 The surrounding uses are as follows:
North - Residential
South - Residential
East - Agricultural
West - Residential
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The 2005 Provincial Policy Statement (PPS) states that land must be carefully ,
managed to promote efficient land use and development patterns which support
strong, liveable and healthy communities, protect the environment and facilitate
economic growth. This proposal is located on an existing rural residential lot and no
new servicing is required. The proposal is consistent with the PPS.
4.2 Greenbelt Plan
The property is located in the Greenbelt Protected Countryside Area. The existing
non - conforming detached garage is not located on a portion of the property that is
within a key natural heritage or hydrological feature. The proposal is consistent with
the Greenbelt Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property Prime Agricultural
Area and Major Open Space Area. The proposed Zoning By -law Amendment
application does not propose a change from the existing residential use of the
property. The garage is an accessory structure to the main residential use and
therefore the proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property General Agricultural Area
and Environmental Protection Area. The subject detached garage is located in the
General Agricultural Area designation. The existing residential use of the property is
permitted, as are accessory structures. This proposal conforms with the Clarington
Official Plan.
MW
REPORT NO.: PSD- 091 -11
6. ZONING BY -LAW
Paae 4
6.1 Zoning By -law 84 -63 zones the subject lands Agricultural (A) and Environmental
Protection (EP). The subject detached garage is located in the (A) Zone. Accessory
buildings are permitted in the (A) zone provided that they comply with the General.
Provisions of the Zoning By -law. These General Provisions allow a total floor area for
all accessory building on this property of not more than 120 m2. Any accessory
building on this property is permitted to a maximum height of 4.5 metres. Since the
total accessory building floor area on the property is 230 m2 and the subject detached
garage is 6 metres in height, a rezoning is required to permit the existing non-
conforming detached garage.
7. SUMMARY OF BACKGROUND STUDIES
7.1 A Planning Rationale Report was submitted by Borden Ladner Gervais in support of
this application. This report provided an overview of the property and the surrounding
area together with a review of relevant local, Regional and Provincial Planning
documents. The Applicant's consultant indicates that the proposed rezoning
application is consistent with current planning policy and represents good planning.
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and a public meeting notice was installed on the site. As of the writing of
this report, one nearby resident has called in support of the application. No other
comments or submissions have been received.
9. AGENCY COMMENTS
9.1 At the time of writing this report, no agency comments have been received.
10. STAFF COMMENTS
10.1 The applicant intends to use the detached garage for personal storage and private
amenity space. The interior of the second floor is finished however there is no
plumbing. Without the plumbing, the space cannot be used as a kitchen or bathroom
and therefore is not considered a habitable room.
10.2 This application conforms to the Clarington Official Plan and is consistent with the
Provincial Policy Statement and applicable Provincial Policy.
10.3 Staff will continue to work with the applicant to address any issues or concerns that
may arise from the circulation of this application to commenting agencies and other
departments.
HIM
REPORT NO.: PSD- 091 -11 Paqe 5
11. CONCURRENCE:
12. CONCLUSION
Not Applicable
12.1 The purpose of this report is to satisfy the requirements of the Public Meeting under
the Planning Act. It is respectfully recommended that this report be referred back to
Staff for further processing and the preparation of a subsequent report.
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: Mitch Morawetz
Attachments:
Attachment 1 - Key map
List of interested parties to be notified of Council's decision:
May Luong, Borden Ladner Gervais LLP
Bruce Ellis
Attachment 1
To Report PSD- 091 -11
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution #: By -law #:
Report #: PSD -092 -11 File #: ZBA 2011 -0030
Subject: PROPOSED ZONING BY -LAW AMENDMENT TO FACILITATE A LOT LINE
ADJUSTMENT BETWEEN A CHURCH AND CEMETERY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.- THAT Report PSD- 092 -11 be received;
2. THAT the rezoning application submitted by the Trustees of Zion United Church
continue to be processed including the preparation of a further recommendation report;
.and
3. THAT all interested parties listed in Report PSD- 092 -11 and any delegations be advised
of Council's decision.
Submitted by:
Div
Dire
MM /CP /df
17 November 2011
�— — Reviewed by:
17. Crome, MCIP, RPP Franklin Wu,
r of Planning Services Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
X10=
REPORT NO.: PSD -092 -11 Paqe 2
APPLICATION DETAILS
1.1 Applicant: Bob Martindale, MCIP, RPP, Martindale Planning Services
1.2 Owner: Trustees of Zion United Church
1.3 Proposal: To facilitate a lot line adjustment between the church property and the
cemetery property
1.4 Area: 0.64 Hectares
1.5 Location: 5165 Enfield Road, Darlington
2. BACKGROUND
2.1 On October 12, 2011, Martindale Planning Services on behalf of the Trustees of Zion
United Church submitted an application for rezoning to facilitate a lot line adjustment
between the church property and the cemetery property, known as 5165 Enfield Road
in Darlington, formerly Zion United Church. The purpose of this application is to
recognize, in the Zoning By -law, the proposed reduced lot size and setbacks resulting
from the lot line adjustment. The applicant has submitted a Planning Rationale Report
and a survey to support the application.
2.2 Zion United Church was originally built as Zion Methodist Church in 1849 and has
been expanded twice. The most recent addition was a second floor above the church
hall constructed in 1997. The parking lot for the church has been located on the west
side of Enfield Road for many years and will continue to be under the same ownership
as the church property.
2.3 The cemetery, established in 1828, is located immediately east and north of the
church building. Over the years, the cemetery has expanded to the east and north
away from the church. Several decades ago, the Cemetery Board was created and
continues to operate separate from the church. Much of the cemetery is on a property
separate from the church however the oldest part of the cemetery remains on the
church property. See Figure 1 below. With the closure of Zion United Church in
December, 2010, the Trustees of Zion United Church and the Cemetery Board have
sought to have the lot line adjusted between the church and cemetery properties so
that the entire cemetery would be located on the property owned and maintained by
the Cemetery Board. This will facilitate the eventual sale of the church building and
property while keeping the cemetery intact for continued operation by the Cemetery
Board. The Key Map contained in Attachment 1 identifies the existing church property
and cemetery property in four parcels. At the conclusion of the rezoning and consent
process the church will retain the parking lot on the west side of Enfield Road as well
as Parcel 'A' and 'D'. The cemetery property will expand to incorporate parcels 'B'
and 'C'.
Figure 1
3. LAND CHARACTERISTICS AND SURROUNDING USES
3
3.1 The subject property is located just north of the Hamlet of Mitchell Corners on the east
side of Enfield Road. The current size of the church property is 0.64 hectares and the
cemetery is 0.61 hectares. Located on the church property is the original church
building, the church hall and the oldest part of the Zion Cemetery.
3.2 The surrounding uses are as follows:
North -
Residential
South -
Agricultural
East -
Agricultural
West -
Agricultural
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The 2005 Provincial Policy Statement (PPS) states that land must be carefully
managed to promote efficient land use and development patterns which support
strong, liveable and healthy communities, protect the environment and facilitate
economic growth. This proposal is to facilitate a lot line adjustment. No new
development is occurring and no lot is being created. The proposal is consistent with
the PPS.
Awe
REPORT NO.: PSD -092 -11
4.2 Greenbelt Plan
Paae 4
The property is located in the Greenbelt Protected Countryside Area. The church and
cemetery are not located within a key natural heritage or hydrological feature. As
mentioned, no new lot is being created. The proposal is consistent with the Greenbelt
Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property Prime Agricultural
Area. The proposed Zoning By -law Amendment application does not propose a
change from the existing use of the property. The lot line adjustment will not create a
new lot and the remaining lots will be an adequate size for the intended uses. The
proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property Prime Agricultural Area.
The existing church and cemetery are permitted by the Clarington Official Plan. Since
no development is occurring and no lot is being created, this proposal conforms with
the Clarington Official Plan.
6. ZONING BY -LAW
6.1 Zoning By -law 84 -63 zones the subject lands Agricultural Exception (A -55). This
exception zone permits, in addition to all other permitted uses in the "Agricultural (A)"
Zone, a place of worship, subject to a minimum lot size of 1.57 hectares and a
maximum floor area of 636 m2. The minimum lot size, lot frontage, north side yard
setback and rear yard setback are proposed to be reduced below what is permitted in
the Zoning By -law and the lot coverage will also exceed the maximum permitted 5 %.
The front yard setback is legal non - conforming.
7. SUMMARY OF BACKGROUND STUDIES
7.1 A Planning Rationale Report was submitted by Martindale Planning Services in
support of this application. This report provided an overview of the property and the
surrounding area together with a review of relevant local, Regional and Provincial
Planning documents. The Applicant's consultant suggests that the proposed rezoning
application is consistent with current planning policy and represents good planning.
l
REPORT NO.: PSD- 092 -11
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and a public meeting notice was installed on the site. As of the writing of
this report, no comments or submissions have been received.
9. AGENCY COMMENTS
9.1 At the time of writing this report, no agency comments have been received.
10. STAFF COMMENTS
10.1 Staff provided comments in support of the related Land Division Application, which
was considered by the Durham Region Land Division Committee on November 14,
2011. The application was TABLED at the request of the applicant to deal with an
objection from the Cemetery Board.
5
10.2 The applicant's consultant advises that, to the best of his knowledge, this application
does not conflict with any provisions of the Cemeteries Act or the associated
Regulation. He states that the lot line adjustment is not considered an "alteration" of
the cemetery, which would require the consent of the Registrar of Cemeteries and the
municipality. Since the exact locations of graves from the 1800's are not known, it
may be that portions of some graves will continue to be located on the church
property. Staff have, required as a condition of Land Division approval that an
easement be registered along the entire east side of the church building to prevent
any disturbance of this area in the future and to allow the Cemetery Board access for
the maintenance of these grave sites that are in close proximity to the church building.
10.3 Staff will continue to work with the applicant to address any issues or concerns that
may arise from the circulation of this application to commenting agencies and other
departments, as well as the concerns raised by the Cemetery Board at the Land
Division Committee meeting.
11. CONCURRENCE Not Applicable
12. CONCLUSION
12.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the
Planning Act. It is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
mm
REPORT NO.: PSD- 092 -11
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: Mitch Morawetz
Attachments:
Attachment 1 - Key map
List of interested parties to be notified of Council's decision:
Bob Martingdale, Martindale Planning Services
Maurice Wicks, Trustees of Zion United Church
8 -12
0
Attachment 1
To Report PSD- 092 -11
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution #: By -law #:
Report #: PSD -093 -11 File #:'ZBA 2011 -0032
Subject: APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART
LOT CONTROL - BLOCK 57 OF 40M -2430
PRESTONVALE DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 093 -11 be received;
2. THAT the application submitted on behalf of Prestonvale Development Inc. to remove
the Holding (H) symbol be approved;
3. THAT the attached By -law to remove the Holding (H) Symbol be passed and a copy
forwarded to the Regional Municipality of Durham and the Municipal Property
Assessment Corporation (MPAC);
4. THAT the request for removal of Part Lot Control with respect to Block 57 of 40M -2430
be approved and that the attached Part Lot Control By -law be passed pursuant to
Section 50 (7.1) of the Planning Act;
5. THAT Council's decision and a copy of Report PSD- 093 -11 be forwarded to the Region
of Durham; and
6. THAT all interested parties listed in Report PSD- 093 -11 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
8 -14
REPORT NO.: PSD- 093 -11
s
Submitted by: --
D Md -71 Crome, MCIP, RPP
Director of Planning Services
CS /CP /df
17 November 2011
8 -15
Reviewed by:��
Franklin Wu,
Chief Administrative Officer
REPORT NO.: PSD- 093 -11 Page 3
1. APPLICATION DETAILS
1.1 Applicant: Glenn Genge D.G. Biddle and Associates
1.2 Owner: Prestonvale Developments Inc.
1.3 Proposal: 1) Removal of Holding ( H) Symbol from "Holding — Urban
Residential Exception ((H)R2 -75) Zone " to " Urban Residential
Exception (R2 -75 Zone ")
2) To allow the creation of seven (7) residential lots
1.4 Location: Block 57, 40M -2430, Worden Drive, Courtice
Part Lot 33, Concession 2, former Township of Darlington
2. BACKGROUND
2.1 On November 7, 2011 application was received for exemption from Part Lot Control
for Block 57 in registered plan 40M -2430. The application was deemed complete on
November 7, 2011.
2.2 The applicant is also requesting that the Holding (H) Symbol be removed from the
subject property.
2.3 Block 57 in 40M -2430 was draft approved for seven (7) single detached dwellings.
Block 57 is within Phase 1 of the subdivision and was registered on October 25, 2010.
Phase 2 was registered on December 23, 2010, and Phase 3 was registered on
August 12, 2011.
2.4 Although Block 57 was draft approved for seven (7) single detached dwellings, the
lands were required to provide temporary storage area for the adjacent stormwater
management facility. As a result, building permits could not be issued and the lands
were registered as a single block as opposed to seven (7) lots.
3. STAFF COMMENTS
3.1 The approved stormwater management facility for this subdivision is located on two
separate parcels. The west pond, located adjacent to Block 57 is the quality facility,
while the quantity facility is located to the east and south of Meadowglade Road. In
order for Phase 1 to proceed, the west pond was used as both quality and quantity on
a temporary basis until the permanent quantity facility was constructed and functional,
hence the need to use Block 57 as a temporary water storage area.
3.2 The Engineering Services Department has advised that the quantity pond has now been
constructed and is fully functional, as such development of Block 57 can now proceed.
E:�I
REPORT NO.: PSD- 093 -11
Page 4
3.3 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, the "Unit Type and Number Summary Table" (Attachment 3), will be forwarded to
the Regional Planning Department with a copy of the Part Lot Control By -law.
3.4 Staff recommend that the By -law be in force for a two (2) year period following Council
approval, ending December 5, 2013.
3.5 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain
obligations have been considered prior to development and redevelopment of the lands.
This includes: servicing, access, protection of natural areas, measures to mitigate the
impact of development, submission of required studies, execution of agreements and
any other requirements as may be deemed necessary by Council including the
implementation of the policies of this plan.
3.6 The subject lands are zoned "Holding — Urban Residential Exception ((H) R2 -75) ".
As outlined in paragraph 3.5, Council must be satisfied that the provisions of the Official
Plan are met prior to removing the Holding symbol. No building permits can be
considered until the Holding (H) symbol is removed. The creation of seven (7) lots is
consistent with the approved draft plans of subdivision.
3.7 It is noted that pursuant to Section 36 of the Planning Act, a Zoning By -law Amendment
to remove the Holding (H) symbol is not subject to the normal appeal period afforded to
a standard rezoning application and accordingly shall be deemed final and binding upon
Council's approval.
3.8 All property taxes have been paid in full.
4. CONCURRENCE - Not applicable
5. CONCLUSION
5.1 In consideration of the comments noted above, approval of the removal of the " Holding
H)" symbol as shown on the attached by- law and schedule (Attachment 2) is
recommended. Furthermore, it is recommended that Council approve this application
and adopt the attached Part Lot Control By -law for Block 57 of 40M -2430 (Attachment
3).
8 -17
REPORT NO.: PSD- 093 -11
CONFORMITY WITH STRATEGIC PLAN
Paae 5
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: Cynthia Strike
Attachments:
Attachment 1
- Key Map
Attachment 2
- Zoning By -law Amendment
Attachment 3
- Exemption from Part Lot Control By -law
Attachment 4
- Unit Type and Summary Table
List of interested parties to be notified of Council's decision:
Bill Creamer, D.G. Biddle and Associates
Hannu Halminen, Prestonvale Developments Inc.
Region of Durham
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Attachment 2
To Report PSD- 093 -11
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2Q 11-
being a By -law to amend By -aw 84 -63, the Comprehensive Zoning By -law for the
Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of
Clarington to permit the development of seven (7) single detached dwelling lots on the
subject1ands;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" (Courtice)" to By -law 84 -63, as amended, is hereby further amended
by changing the zone designation from:
"Holding -Urban Residential Exception ((H)R2 -75) Zone" to "Urban
Residential Exception (R2 -75) Zone"
as illustrated. on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of the By -law.
3. This By -law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
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 -20
This is Schedule "A" to By-law .2011- ,
passed this day of , 2011 A.D.
III COURTICE �\ <�RUlls .9r II I SCHEDULE 43—I
8 -21
Attachment 3
To Report PSD- 093 -11
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2011-
being a By -law to exempt a certain portion of Registered Plan 40M -2430 from
Part Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Block 57, in Plan 40M -2430 registered at the
Land Titles Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those
lands described in Paragraph 2 within the By -law.
2. That this by -law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
Block 57.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By -law shall be
in force for a period of two (2) years ending on December 5, 2013.
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 -22
Attachment 4
To Report PSD -093 -11
PART LOT CONTROL EXEMPTION BY -LAW
Unit Type and Number Summary Table
Plan 40M -2430
8 -23
_'a
Control Exemption on
Lots /Blocks t
Urnt T e and Number
3 r Unit Type and Number 4 ,
yp _
Affected r y
Block 57
7
7
TOTAL ` . "
Units 7
No Change
8 -23
Date: November 28, 2011 Resolution #: By -law #: N/A
Report #: PSD- 095 -11 File #: PLN 34.5.2.85
Subject: HERITAGE DESIGNATION REQUEST
20 HORSEY STREET, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 095 -11 be received;
2. THAT the request of the owner and the Clarington Heritage Committee to
designate 20 Horsey Street, Bowmanville, as a cultural heritage resource under
Part IV of the Ontario Heritage Act continue to be processed;
3. THAT the Clerk prepare the required Notice of Intention to Designate pursuant to
the provisions of the Ontario Heritage Act;
4. THAT depending on the response to the Notice of Intention to Designate, the
Clerk either prepare the necessary by -law or report back to Council regarding
objection(s) received; and
5. THAT the Clarington Heritage Committee, the interested parties listed in Report
PSD- 095 -11 and any delegations, be advised of Council's decision.
Submitte dby:
i
Da i f. Crome, MCIP, RPP
Director of Planning Services
I L /FL /df /av /ah
22 November 2011
Reviewed by:
Franklin Wu,
Chief Administrative
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379
8 -24
REPORT NO.: PSD- 095 -11 PAGE 2
1. HERITAGE DESIGNATION REQUEST
1.1 The Planning Services Department received a request from the property
owners of 20 Horsey Street in Bowmanville to designate their home as a
cultural heritage resource under Part IV of the Ontario Heritage Act. The
building has been identified as a Primary heritage resource in the Municipality's
inventory of cultural heritage resources. Primary resources are defined as
buildings that are the best example of a particular style of architecture. The
property location is identified in Attachment 1 and a complete description of the
cultural heritage attributes of this property is included in Attachment 2.
2. ONTARIO HERITAGE ACT
2.1 The Ontario Heritage Act empowers a municipality to pass a by -law designating
a structure considered to be of cultural heritage significance. The Clarington
Heritage Committee (CHC) completed a site inspection of the property on
September 20th, 2011 and are in full support of the request to designate the
property.
2.2 The Ontario Heritage Act outlines the process for designation. The CHC has
recommended the designation, if Council concurs, the next step is publishing
the Notice of Intention to Designate in the locally circulated newspaper. Only
one advertisement of the Notice of Intention to Designate is required. A
summary description of the heritage designation process is attached to this
report as Attachment 3.
2.3 Once a property is designated the property owner is required to obtain the
consent for any proposed significant alterations to the building or for demolition
of all or part of the structure. Council must consult with the CHC prior to
making a decision on a request for alteration or demolition.
3. PROVINCIAL POLICY
3.1 Provincial Policy Statement
Section 2.6.1 of the Provincial Policy Statement states that significant built
heritage resources shall be conserved. Significant is defined as a resource that
is valued for the important contribution it makes to our understanding of the
history of a place, an event, or a people.
3.2 Places to Grow
Section 4 of the Growth Plan for the Greater Golden Horseshoe identifies
cultural heritage sites as valuable assets that must be wisely protected and
managed as part of planning for future growth.
8 -25
REPORT NO.: PSD- 095 -11
4. CLARINGTON OFFICIAL PLAN
PAGE 3
Section 8 of the Clarington Official Plan fully supports the heritage designation
of individual properties under Part IV of the Ontario Heritage Act.
5. CONCURRENCE — Not applicable
6. CONCLUSION
6.1 The Clarington Heritage Committee and Staff are in full support of the
designation of this property as an individual designation under Part IV of the
Ontario Heritage Act.
6.2 Should no objections be received by the Municipal Clerk within 30 days of
publishing the Notice of Intention to Designate a by -law designating the
property will be forwarded to Council for approval. Alternatively if an
objection(s) is received the Clerk will provide a report to Council.
6.3 Upon designation the owners will be presented with a bronze plaque signifying
the significant of the property to the community and the Municipality as a whole.
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
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Isabel Little
Attachments:
Attachment 1 - Location map
Attachment 2 - Cultural heritage features
Attachment 3 - Heritage designation process
REPORT NO.: PSD- 095 -11
List of interested parties to be advised of Council's decision:
Clarington Heritage Committee
Jim Leonard, Ontario Heritage Trust
Clarke Morawetz, President, Clarington ACO
Martha Rutherford- Conrad, Clarington Museum and Archives
Bill and Noreen Paterson
8 -27
PAG E 4
Property Location Map (Bowmanville)
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PLN 34.5.2.85
20 Horsey Street
Owner: William & Noreen Paterson
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Attachment 2
To Report PSD- 095 -11
The Thomas Creeper House
20 Horsey Street, Bowmanville
Historical Cultural Heritage Attributes
The property known today as 20 Horsey Street was identified as part of Lot 232A on the Bowman
Estate Plan. The Bowman Estate Plan was registered in 1874 by Robert Taylor Rapes and his wife,
Elizabeth Raynes. Elizabeth was the sole surviving child and heir of Bowmanville founder Charles
Bowman.
William F. Gibbard purchased the property from Robert Raynes on March 2 1875. In May of that
same year it passed to David Fogg and in April 1877 to John R. Fogg, an occupational varnisher. In
March of 1880 John Fogg mortgaged the property to Frederick Stahleker, a mechanic, for $250. By
March 1881 Frederick Stahleker had moved to Guelph and reassigned the mortgage, now $200, to
Thomas Creeper, a carpenter.
It is difficult to determine exactly when the existing brick house was constructed, but it seems probable
that it was built for David Fogg between March 1875 and April 1877. From the occupations of the
various owners of Lot 232A, it would appear that the area was popular with self- employed tradesmen
whose skills were needed as the Town of Bowmanville grew and prospered.
Thomas Rider Creeper (1824 -1908) was a carpenter who emigrated from Devon, England sometime
between 1846 and 1851. He was accompanied by his wife Isabella (1824 -1922) and daughter Emma
Jane (born1845). At least two more children were born in Canada , Florence Mary Caroline (born
1859) and Herbert Burman (born 1864). The long gaps between birthdates may indicate that other
children were born but did not survive infancy.
The family lived in several locations in Bowmanville, before moving to the comfortable brick house on
Horsey Street in March of 1881. Emma Jane had already married Thomas McKeown around 1867
and had moved to Acton, but Florence and Herbert moved into the house with their parents.
Florence's stay was brief however, as she married local grocer John Hooper on May 24, 1881. In all
probability the wedding breakfast would have been held at 20 Horsey Street.
Herbert married Amelia Barrett around 1884 and by 1901 was employed as a cabinet maker by the
Dominion Organ and Piano Factory. In 1901 they and their four children, Herbert Leslie, born 1885,
Norman, born 1888, Alicia Gertrude, born 1896 and Lorne Thomas, born 1900, were living on Horsey
Street next door to Herberts parents. Florence and John Hooper and their five sons were also living
close by.
In 1908 Thomas died and the 1911 census recorded Isabella as living alone at Horsey Street. After
her death in 1922 the property passed to Herbert and on his death in 1951 . it was inherited by his
youngest son Lorne Thomas Creeper. Lorne, a life -long bachelor and well known locally as a
woodworker, continued his grandfather's trade at 20 Horsey Street until his death in November 1980.
The property passed to his nephew, James Stuart Thompson who was the son of Alicia Gertrude
Creeper and John Archie Thompson. On February 16, 1981, James Thompson had the property
registered in both his name and his wife's, Mary Elizabeth Thompson, in accordance with the last will
and testament of Lorne Thomas Creeper and almost 100 years of the Creeper family on Horsey Street
came to an end.
Architectural Cultural Heritage Attributes
20 Horsey Street in Bowmanville is a Regency Cottage built circa 1876. The craftsmanship of its .
construction is extraordinary and is evidenced in, both its exterior and interior architectural features
which include:.
Exterior
the quality of the Bowmanville brick work
the fieldstone foundation with its large corner quoins
the lead grills in the arched window headers
the window shutters
Interior
the interior design with its 10 foot ceilings
the woodwork details
the wooden colonnade.
the claw foot bathtub
Raw
Attachment 3
To Report PSD- 095 -11
Heritage Designation Process
In accordance with the provisions of the Ontario Heritage Act, initiation of the
designation process begins with Council authorizing the Clerk to give Notice of
Intention. Council is to consult with the CHC before giving. the Notice prescribed. The
Notice is to be served on the owner and is to be published in a newspaper having
general circulation in the municipality and is to include a statement that notice of
objection to the designation may be served on the Clerk within 30 days after the date of
publication. If there is no objection Council can pass a by -law designating the property.
Objections to the designation are to be referred to the Conservation Review Board for a
hearing.
The Conservation Review Board will hold a hearing and within 30 days of the
conclusion of the hearing will report to Council with its recommendations. Upon
considering the report Council can pass a by -law designating the property. A copy of
the by -law, together with a statement explaining the cultural heritage value or interest of
the property and a description of the heritage attributes of the property is served on the
property owner and the Ontario Heritage Trust, is registered on the title of the property,
and the notice of the *by -law is published in the local newspaper. Should Council not
wish to proceed with designation the Notice of Intention to designate is withdrawn and a
notice of withdrawal is served on the property owner and the Ontario Heritage Trust,
and is published in the local newspaper. The decision of Council is final with regards to
Part IV of the Ontario Heritage Act.
If a Notice of Intention to designate is given under the Ontario Heritage Act any permit
that allowed for.the alteration or demolition of the buildings on the property would be
void as of the day the Notice of Intention is given and the property is treated as if it is
designated.
Owners of designated properties cannot demolish or remove buildings from a property
unless they apply to Council and receive consent in writing. Council has 90 days to
review the application. This period can be extended upon agreement between the
owner and Council. Council is to consult with the heritage committee and may consent
to the application, consent subject to terms and conditions, or refuse the application.
Notice of Council's decision is served on the owner and the Ontario Heritage Trust, and
is published in the local newspaper.
If Council refuses the application to demolish or remove a building; or approves the
application subject to terms and conditions, the property owner can appeal Council's
decision within 30 days of receiving notification. Appeals are filed with the Municipal
Clerk and the Ontario Municipal Board. The OMB will hold a hearing and may order
that the appeal be dismissed, or that the Municipality consent to the demolition without
terms and conditions, or with the terms and conditions set by the OMB. The decision of
the Ontario Municipal Board is final.
8 -31
•
l�r
Leading the Way
� 0 a us] A I
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 28, 2011 Resolution #:
Report #: EGD- 038 -11 File #: By -law #:
Subject: PROCESS FOR EXTERNAL ENGINEERING SERVICES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 038 -11 be received for information.
Respectfully by,
Submitted by: A.S. Cannella
Director of Engineering Services
ASC /jb
l
Reviewed by: 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 -9282
'i' • 1
1.0 INTRODUCTION
PAG E 2
At the GPA meeting of October 17, 2011 the following resolution was approved:
"THAT Staff report on the Tendering /Request for Proposal process for external
engineering services."
2.0 BACKGROUND
2.1 EXISTING AECOM AGREEMENT
External Engineering Services are currently covered under an agreement with
AECOM which is expressly incorporated into the Purchasing By -law. AECOM
provides specific and specialized engineering services primarily for the
Engineering Department under this agreement, which has been in place since
1991. Council endorsed the continuation of the agreement, noting the history
and value of the existing agreement in 2008 through EGD- 041 -08, a copy of
which is attached for reference as Attachment #1. The Director of Engineering
Services is responsible for administering the agreement.
2.2 PREVIOUS CONSIDERATION
Prior to recommending the amendment of the existing agreement the Director of
Engineering Services evaluated the performance of AECOM and the value of the
service provided. At that time the following criteria were considered:
® The exclusive nature of our agreement with AECOM. The Engineering
Department cannot place the Municipality's best interests at risk by working
with a consultant who has not made a commitment to work with us
exclusively. This requires that the consultant we use must agree not to bid on
projects, sometimes very lucrative projects, with developers that we deal with,
given that the Municipality's position could be significantly compromised by
any potential conflicts of interest
® As our exclusive consultant AECOM is able to represent the Municipality at
OMB hearings, providing expert testimony without the risk of a conflict of
interest
REPORT NO.: EGD- 038 -11
PAGE 3
• The quality of AECOM's work has been above and beyond our expectations
including their customer service and problem resolution skills (ie. Old
Bowmanville Neighbourhood revitalization project).
• Tendering the contract publicly could result in increased hourly rates given
the rates in the agreement are below current industry standards
• A strong working relationship has developed between AECOM Cobourg staff
and municipal staff such that minimal direction is required and background
materials are typically available within their files because of their involvement
in prior work for the Municipality
• _ AECOM has provided timely service often juggling priorities to deal with
changing and immediate Municipal needs
As the Director of Engineering Services I have the professional responsibility to
select and evaluate the team members and resources that we employ in
providing expert engineering services to the Municipality of Clarington. My
experience over many years has allowed me the opportunity to assess and
ensure that those we rely upon have gone beyond competence so as to
engender my total and complete confidence. Through an ongoing process of
stringent evaluation AECOM has earned our confidence time and again through
a level of impeccable professional excellence and integrity that has served us
well and earned them the right to be considered by me to be an essential and
valued part of our team.
3.0 TENDER/RFP PROCESS
The current agreement has provisions for termination or suspension. An
adequate evaluation period would be required to facilitate the development of an
appropriate RFP that represents the key elements of the existing agreement. As
the services rendered under the current agreement represent a significant
investment in physical infrastructure and development and implementation of
Municipal vision the criteria for selection of the preferred consultant would have
to, include a significant quality based weighting criterion as well as taking price
into consideration.
9 -3
REPORT NO.: EGD- 038 -11
PAGE 4
Should AECOM be replaced as the Municipal Engineering Consultant as a result
of the formal tender process it would be essential that any agreements that we
enter into with other consultants be exclusive in nature to prevent against conflict
of interest issues. The need for an exclusive agreement may limit the numbers of
engineering firms to enter into the tender process, potentially undermining any
intent to obtain a best possible pricing through a larger pool of engineering firms.
Furthermore it would be important to consider that a lengthy transition period
would be required to transfer projects to the successful consultant who would not
be in a position to offer the significant history and background of Clarington's
infrastructure.
Additional municipal staff would also be required for the Engineering Services
Department and potentially the Purchasing Department to aid in the transition of
service.
4.0 CONCURRENCE
The Director of Corporate Services has been consulted on the contents of this
report and expresses concern with the potential need for additional staff required
within the Purchasing Division to deal with the increased workload associated
with the tender process.
5.0 CONCLUSION
In consideration of the concerns identified, it is prudent to remain with the existing
arrangement with AECOM. Should it be Council's direction to tender the external
engineering services, sufficient time would be required to develop the specs,
issue the RFP /tender, allow time for a comprehensive bid submission, assess the
bids and finally report on the final recommendation of an award for a new
contract. It is expected that the entire process would require approximately 12
months to complete.
9 -4
REPORT NO.:' EGD- 038 -11
ViTew
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
x Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Tony Cannella, Director of Engineering Services
Marie Marano, Director of Corporate Services and /or
Attachments:
Attachment 1 - Report EGD- 041 -08
9 -5
I'
Leading the Way
ATTACHMENT NO.A
REPORT NO.: EGD- 038 -11
■► r 9 r
ENGINEERING SERVICES DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: October 6, 2008
Resolution #: PA -6 Lf 0-t�g
Report #: EGD - 041 -08 File #: By -law # % �
Subject: TSH MERGER WITH AECOM CANADA LIMITED - AMENDMENTS TO
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES AND
RELATED AMENDMENTS TO THE PURCHASING BY -LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT report EGD- 041 -08 be received;
2. THAT amendments to the Agreement for Professional Consulting Services between
the Corporation of the Municipality of Clarington and Tottem Sims Hubicki (1991)
Limited by replacing the corporate name "Totten Sims Hubicki Associates (1991)
Limited" and the letters "TSH" with "Aecom Canada Limited" wherever the former
corporate name and letters appear and the other amendments referred to in this
Report, be approved;
3. THAT a by -law be passed (Attachment 2) to authorize the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington to execute a Professional Consulting
Services Agreement with Aecom Canada Limited in the form and with the content of
the Agreement contained in Attachment 1 which contains the amendments referred
to in Recommendation 2; and
4. THAT a by -law (Attachment 3) be passed to amend Sections 1 and 28 of the
Purchasing By -law 2006 -127 as recommended in section 5.3 of this Report.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 F 905 -623 -9282
REPORT NO.: EGD- 041 -08
Respectfully by,
Submitted by: A.S. Cannella
Director of Engineering Services
ASCIjb
September 15, 2008
Reviewed by: Franklin Wu
Chief Administrative Officer
PAGE 2
9 -7
REPORT NO.: EGD- 041 -08
1.0 BACKGROUND AND PURPOSE
PAGE 3
1.1 Clarington's principal engineering and related professional services consulting firm,
Totten Sims Hubicki Limited ( "TSH "),. has been acquired by Aecom Technology
Corporation. As of October 1, 2008, the services now provided by TSH to the
Municipality, will be provided by the same staff operating under the corporate name
Aecom Canada Limited ( "Aecom Canada "). This Report recommends that Council
approve amendments to the current Agreement for Professional Consulting Services
between the Municipality of Clarington and Totten Sims Hubicki Associates (1991)
Limited dated September 1, 1993 ( "TSH Agreement") and pass amendments to the
Purchasing By -law 2006 =127 to the change in the corporate name to "Aecom Canada
Limited ". Amendments to the Agreement for Professional Consulting Services are
necessary because Aecom Canada and Totten Sims Hubicki Associates (1991) Limited
are separate legal persons. The TSH Agreement does not permit it to be assigned
without the consent of the Municipality and TSH.
1.2 Certain technical amendments have been made to update the terms of this Agreement
including an increase in the amount of the liability insurance that is required to be
consistent with the Municipality's current insurance requirements.
1.3 Amendments to the Purchasing By -law are necessary because Sections 1 and 28 of
this by -law now refer to the TSH Agreement since the services now provided by TSH
will be provided by Aecom Canada from October 1, 2008, Sections 1 and 28 of the
Purchasing By -law will need to be amended to reflect this fact.
1.4 TSH's key staff who now provide consulting services to the Municipality will continue to
do so after October 1, 2008, operating under the corporate name of Aecom Canada.
1.5 The recommended amendments both to the Agreement and the Purchasing By -law
referred to above are essentially of a housekeeping nature.
REPORT NO.: EGD- 049 -08.
2.0 INTRODUCTION
PAGE 4
2.1 The Municipality and TSH have shared a professional relationship since the
incorporation of the Municipality on January 1, 1974 prior to the incorporation of the
Municipality. TSH provided consulting services to the former Townships of Clarke and
Darlington.
2.2 TSH has responded effectively and expeditiously to the needs of the Municipality's
increasing population. and infrastructure requirements by providing a broad range of
professional consulting services to the Municipality in respect of public works
undertaken by the Municipality. The services provided by TSH also include assisting the
Municipality's staff in the preparation of background studies related to the passing .of
Development Charges By -laws. Their work has been essential in the preparation of
these background studies.
3.0 BENEFITS FROM THE RELATIONSHIP WITH TSH
3.1 TSH's accumulated experience with the implementation of Clarington's public works
programs have allowed TSH's staff to gain an intimate knowledge of the Municipality's
.infrastructure. This knowledge is put to use with each new project undertaken for the
Municipality by minimizing the need to research existing infrastructure and by enabling
TSH's staff to conceptualize solutions based on a fully integrated understanding of the
Municipality's current and historical needs.
3.2 TSH has been successful in completing assignments on schedule and on budget. I fully
expect that Aecom Canada will continue to do so after October 1, 2008. Cost - effective
services have been provided by TSH. I expect that after October 1, 2008, Aecom
Canada will also provide cost- effective services.
3.3 Very importantly, TSH has worked diligently to liaise with residents affected by projects
in which it has been involved; during both design and construction phases, to ensure
that all issues and concerns are dealt with in the most satisfactory manner possible. The
result of this effort has provided TSH with an excellent track record in community
relations, one that is confirmed in the minimal number of calls and concerns the
Municipality has received from residents as a result of TSH projects over the years. I
WE
REPORT NO.: EGD- 041 -08
PAGE 5
expect that Aecom Canada will match TSH's track record in this regard after October 1,
4.0 - AECOM CANADA
4.1 In addition to TSH, Aecorn Technology Corporation has acquired other consulting
companies which provide related professional consulting services under the names
UMA, GLL, Cansult, KMK and Earth Tech. Each of them will also operate as part of
Aecom Canada. As a result, Aecom Canada will be one of the largest group of
engineers; architects, planners, technologists, technicians and support staff available to
clients within. Ontario.
4.2 As is currently the case with TSH, Aecom Canada will continue the practice of reviewing
with the Director of Engineering Services, on a case by case basis, any potential work
for private sector clients and . other levels of government whose jurisdiction
encompasses the Municipality of. Clarington, to ensure that no conflict of interest will
arise.
5.0 PURCHASING BY -LAW 2006 -127 AMENDMENTS
5.1 . Section 28 of the Purchasing By -law provides that:
"For clarity, none of the - provisions of this. By -law is intended to or shall be
deemed to affect any provisions of, or the rights, obligations and responsibilities
of the parties to the TSH Agreement including the responsibilities of the official of
the corporation named in the TSH Agreement."
5.2 Section 1 of the By -law defines "TSH Agreement" to mean the agreement between. the
Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1,
1993.
5.3 If Council approves my recommendation in effect to replace the corporate name of
"Totten Sims Hubicki Associates (1991) Limited" with the corporate name of "Aecom
Canada Limited ", similar amendments should be made to Sections 1 and 28 of the
Purchasing By -law.
9 -10
REPORT NO.: EGD- 041 -08
6.0 RECOMMENDATIONS
PAGE 6
6.1 1. recommend that Council approve amendments to the Agreement for Professional
Consulting Services between the Corporation of the Municipality of Clarington and
Totten Sims Hubicki Limited to replace "Totten Sims Hubicki (1991) Limited" with
" Aecom Canada Limited" wherever the former corporate name appears and the other
amendments referred to in this Report.
6.2 1 recommend that Council authorize the execution of a new Agreement with Aecom
Canada Limited which incorporates these amendments. A copy of the recommended
Agreement for Professional Consulting Services with Aecom Canada Limited is
contained in Attachment 1 to this Report.
6.3 1 recommend that the Purchasing By -law 2006 -127 be amended as set out in section
'5.3 of this Report.
Attachments:
Attachment 1 - Recommended Professional Consulting Services Agreement with Aecom
Canada Limited
Attachment 2 - By -law to authorize the execution of the Professional Consulting Services
Agreement with Aecom Canada Limited
Attachment 3 - By -law to amend Purchasing By -law 2006 -127
List of Interested Parties:
9 -11
ATTACHMENT NO.: 1
REPORT NO.: EGD•041-ir8
PAGE 1 OF 13
AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES
MEMORANDUM OF AGREEMENT dated the le day October A.D. 2048
- BETWEEN-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
. (hereinafter called the "Client!)
THE PARTY OF THE FIRST PART
AECOM CANADA LIMITED
(hereinafter called the "Consultant')
THE PARTY OF THE SECOND PART
WHEREAS the Client intends to retain the Consultant to provide Professional Engineering Services for
various Municipal Projects on a continuous basis and as specifically assigned by the Director of
Engineering Services the Consultant agrees to fimAsh professional services in connection therewith;
NOW THEREFORE YMNESSETH that in consideration of the covenants contained herein, the
Client and the Consultant mutually agree as follows:
ARTICLE 1- GENERAL CONDITIONS
1.01 Retainer
The Client hereby retains the services of the Consultant in connection with the specific Projects
and the Consultant hereby agrees to provide the services described herein under the general
direction and control of the Client.
In this Agreement the word Consultant shall mean professionals and other specialists employed
by the Client.
9 -12
1.02 Services
The services to be provided by the Consultant and by the Client for the Projects are generally set
forth in Article 2.
1.03 Compensation
The Client shall pay the Consultant in accordance with the provisions set forth in Article 3.
1.04 Staff and Methods
The Consultant shall use current state of the art principles and shall skillfully and competently
perform the services and shall employ only skilled and competent staff who will be under the
supervision of a senior member of the Consultant's staff-
1.05 Drawings and Documents
Subject to Section 3.2.3 of Article 3, drawings and documents or copies thereof required for the
Projects shall be exchanged between the parties on a reciprocal basis. Documents prepared by
the Consultant for the Client may be used by the Client; for the Projects including "as built"
records. The Client has ownership of the drawings.
1.06 Patents
All concepts, products or processes produced by or resulting from the Services rendered by the
Consultant in connection with a Project, or which are otherwise developed or first reduced to
practice by the Consultant in the performance of his Services, and which are patentable, capable
of trademark or otherwise, shall be and remain the property of the Consultant.
The Client shall have permanent non- exclusive royalty -free license to use any concept, product
or process, which is patentable, capable of trademark or otherwise produced by or resulting from
the Services rendered by the Consultant in connection with the Project and for no other purpose
or project.
1.07 Records and Audit
(a) In order to provide data for the calculation of fees on a time basis, the Consultant shall keep a
detailed record of the hours worked by and salaries paid to his staff employed for the
Projects.
(b) The Client may inspect and audit the books, payrolls, accounts and records of the Consultant
during regular office hours with respect to any item which the Client is required to pay on a
time scale or disbursement basis as aresult of this Agreement.
(c) The Consultant, when requested by the Client, shall provide copies of receipts with respect to
any disbursements for which the Consultant claims payment under this Agreement.
9 -13
1.08 Suspension or Termination
The Client may by providing 30 days notice in writing to the Consultant suspend or terminate the
Services or any portion thereof at any stage of the undertaking. Upon receipt of such written
notice, the Consultant shall perform no further Services other than those reasonably necessary to
close out his Services.
1.09 Indemnification
The Consultant shall indemnify and save harmless the Client from and against all claims, actions,
losses, expenses, costs or damages of every nature and kind whatsoever which the Client, his
employees, officers or agents may suffer as a result of the negligence of the Consultant, his
employees, officers or agents in the performance of this Agreement.
The Client agrees to hold harmless, indemnify and defend the Consultant from and against any '
and all claim, losses, damages, liability and costs of defense arising out of or in any way
connected with the presence, discharge, release or escape of contaminants of any kind, excluding,
only such liability as may arise out of the negligence of the Consultant in the performance of
consulting services to the Client within this project
1.10 Insurance and Limit of Liability
The Client will accept the insurance coverage specified in this clause as the limit of liability of
the Consultant.
a) Comprehensive General Liability and Automobile Insurance
The Insurance Coverage shall be $5,000,000.00 for Commercial General Liability and
$5,000,000.00 for Non -Owned Automobile Insurance. The Client shall be added to the
Consultant's Comprehensive General Liability and Non -Owned Automobile Insurance as an
Additional Insured respecting. insured activities or events related to the performance by the
Consultant of its duties under this Agreement When requested the Consultant shall provide
the Client with proof of Comprehensive General' Liability and Automobile Insurance
(Inclusive Limits) for both owned and non -owned vehicles.
b) Professional Liability Insurance
The insurance Coverage shall be in the amount of $5,000,000.00 for Professional Liability
Insurance. The Client shall be added to the Consultant's Professional Liability insurance
respecting activities or events related to the performance by the Consultant of its duties under
this Agreement. When requested the Consultant shall provide to the Client proof of
Professional Liability insurance carried by the Consultant, and in accordance with APEO
Act, 1984 and Regulations therein.
c) Change in Coverage
If the Client requests to have the amount of coverage increased or to obtain other special
insurance for a specific project then the Consultant shall endeavour forthwith to obtain such
increased or special insurance at the Client's expense as a disbursement allowed under
Section 3.2.3.
9-14
It is understood and agreed that the coverage provided by these policies will not be changed
or amended in any way nor cancelled by the Consultant until (30) days after written notice of
such change or cancellations has been personally delivered to the Client..
1.11 Contracting for Construction
Neither the Consultant nor any person, firm or corporation associated or affiliated with or
subsidiary to the Consultant shall tender for the construction of a Project, or have an interest
either directly or indirectly in the construction of the Proj cot.
1.12 Assignment
Neither party may assign this Agreement without the prior consent in writing of the other.
1.13 Previous Agreements
This Agreement supersedes all previous agreements, arrangements or understandings between
the parties whether written or oral in connection with or incidental to the Project.
1.14 Approval by Other Authorities
Unless otherwise provided in this Agreement, where the work of the Consultant is subject to the
approval or review of an authority, department of government, or agency other than the Client,
such applications for approval or review shall-be the responsibility of the Consultant, but shall be
submitted through the offices of the Client and unless authorized by the Client, such applications
for approval or review shall not be obtained by direct contact by the Consultant with such other
authority, department of government oz agency.
1.15 Specialized Services
The Consultant may engage others for specialized services provided that prior approval is
obtained, from the Client and may add a mark -up of not more that 5% of the cost of such
services to cover office administration costs when claiming reimbursement from the Client, plus
the cost of the additional insurance incurred by the Consultant for the specialized services.
1.16 Inspection
The Client, or persons authorized by the Client, shall have the right, at all reasonable times, to
inspect or otherwise review the Services performed, or being performed, under a Project and the
premises where they are being performed.
1.17 Publication
The Consultant agrees to obtain the consent of the Client before publishing or issuing any
detailed information regarding a Project.
1.18 Confidential Data
9 -15
The Consultant shall not divulge any specific information identified as confidential,
communicated to or acquired by him, or disclosed by the Client in the course of carrying out the
Services provided for herein. No such information shall be used by the Consultant on any other
project without the approval in writing of the Client.
1.19 Arbitration
(a) Any dispute, difference or disagreement between the parties hereto in relation to the
Agreement may, with the consent of both parties, be referred to arbitration.
(b) No person shall be appointed to act as arbitrator who is in any way interested, financially or
otherwise, in the conduct of the work on the specific Project or in the business or other affairs
of either the Client or the Consultant.
(c) The award of the arbitrator shall be final and binding upon the parties.
(d) The provisions of the Arbitration Act, S.O., 1991, c.17, as amended shall apply.
1.20 Time
The Consultant shall perform the Services expeditiously to meet the requirements of the Client
and shall complete anyportion or portions of the Services in such order as the Client may require
and the Client shall have the right to take possession of and use any completed or partially
completed portions of the Work notwithstanding any provisions expressed or implied to the
contrary.
The Client shall give due consideration to all designs, drawings, plans, specifications, reports,
tenders, proposals and other information submitted by the Consultant, and shall make any
decisions which he is required to make in connection therewith within a reasonable time so as
not to delay the work of the Consultant.
1.21 Estimates, Schedules and Staff List
1.21.1 Preparation of Estimate of Fees, Schedule of Progress and Staff List
When requested by the Client, the Consultant shall within fourteen days of the execution of this
Agreement provide, for approval by the Client:
(a) A staff list showing the number, classifications and salary ranges of staff and/or hourly rate
ranges for Principals and Executives, for which the Consultant will seek payment on a time
basis. The Consultant shall relate such information to the particular type of work that such
staff is to perform, while employed on Projects. Such list shall designate the member of the
Consultant's staff who is to be the liaison person between the Consultant and the Client.
1.21.2 Monthly Reporting of Progress
When requested by the Client, the Consultant shall provide the Client with a written report
showing the portion of the Services completed in the preceding month.
9 -16
ARTICLE 2 - SERVICES
2.1 consultant's Services for Preliminary Design
The Consultant shall provide the services for the preliminary design of projects and such work
shall include the following, unless already covered during a feasibility study:
I. Preparation and recommendation of alternative concepts and designs considering geometries.
property, cost and environmental features.
2. Development and recommendation of horizontal and vertical alignments for the Project on a
plan scale acceptable to the Client.
3. Proposed typical sections for the roadway, structures, right"f- -way, entrances, intersecting
roads and other cross section elements.
4.. Preparation of a design criteria.
5. Existing soils data shall be assembled and evaluated.
6, Preparation and distribution of minutes of Project meetings.
7. Correspondence with governmental ministries, agencies and other public authorities for
design information.
8. General drainage requirements.
9. Preliminary property right -of -way requirements.
10. Majority utility installations and adjustments.
11. Survey work necessary for the provision of services herein and,
a) For the assessment and verification of feasibility of engineering alternatives considered
for the Project.
b) To provide sufficient survey reference points clear of the expected construction area to
allow future re- establishment of the alignment proposed for the Project
c) To establisb elevation control bench marks clear of the expected construction area
sufficient to allow referencing of further detailed elevation information, and the
development and control of elevations of the Works to be constructed under the Project.
12. Preparation of structural site plans with -necessary geometric design data for structural design
purposes and preliminary project cost estimates.
9 -1
2,2 Client's Services for Preliminary Design
The Client shall provide the Consultant with documentation (if available) described as follows:
1. Functional Study or Predesign Investigation undertaken for the Work.
2. Access to and the use of existing plans, profiles, utility information, legal documents and
correspondence relevant to the Work
3. Traffic information.
4. Available Traffic or Transportation Study Reports of the area.
5. Available Functional Planning, Preliminary Design Reports and/or drawings of adjoining
Projects.
6. General direction of the Consultant in the provision of services and approvals from time to
time as necessary during the currency of this agreement. >
The Consultant shall be entitled to rely upon the information, direction and approvals provided
by the Client pursuant to Clauses (1) to (6) hereof, inclusive, as being accurate, in the
performance of the Consultant's services under this Agreement.
2.3 Consultant's Services for Detailed Design
The services to be provided by the Consultant in the execution of the design for specific Projects
shall include:
1. Expertise required for the design of the structure and all roadways and facilities to serve the
best interests of the public, with due regard for environmental concerns, capital cost and
operating efficiency in accordance with current state of the art and acceptable standards
established by the Client and regulatory authorities.
2. Field survey work required after the design criteria and functional alignment have been
established, which shall include all survey work necessary for the estimating of quantities,
the detailed setting of alignment and grade to fit controlling natural and artificial topographic
and underground features, the design of culvert, ditches, drains and storm sewers and the
positioning of all appurtenances associated with the construction of the Project.
3. Investigation and confirmation of the present location of all above ground utilities, updating
of the Client's plans and profiles to show the present location and the proposed location, and
preparation of additional drawings required for alternative utility relocation as required by
the Client subject to Clause 5 of Section 2.4.
Underground utilities are to be indicated on the plans and profiles in accordance with
information submitted by the respective utility.
EME
4. The preparation and submission of preliminary drawings, investigations, and
recommendations to the Client, on such alternatives or modifications to the Project that the
Consultant in his professional judgment, deems advantageous to the Client.
•5. The preparation of appropriate plans showing any lands or interests in land required for the
Project.
6. Advising the Client of the need to seek permission to enter private lands for investigation
purposes.
7. Participation in a reasonable number of meetings for informative, negotiative or presentative
purposes with the Client in connection with the services provided under this Agreement, after
the establishment of the design criteria and functional alignment.
8. The preparation of contract documents for the Project including the detailed construction
drawings, tender quantity forms, material lists, specifications and information to bidders.
9. The preparation of detailed quantity and cost estimates, sundry engineering and materials.
10. The provision of one complete set of tendering documents and one complete set of
reproducible drawings for the project.
11. The preparation of reinforcing steel bar lists for structures.
12. The submission of plans, specifications, schedules, and applications for approval to the client
and to appropriate authorities, as required. Attend meetings at the offices of these public
authorities to discuss designs and to provide explanations for the purpose of fiuthering the
applications towards approval.
13. Advice and consultation to the Client in the advertising, receiving and evaluation of bids, and
awarding of a contract for construction.
2.4 Client's Services for Detailed Design
The Client shall provide the Consultant with documentation (if available) described as follows:
1. Access to and, where necessary, copies of existing plans, profiles or other topographic
information showing or pertaining to existing conditions within the Project area.
2. Registered land plans, legal documents and surveys, where neoessary, defining the property
limits of existing rights -of -way and other parcels of land affected by the project, and as
required in the acquisition of property and lands for the Project. ,
3. General direction of the Consultant in the provision of the services.
4. Soils, foundation and hydrological reports where required, for the proper design of the
Project.
5. Any information regarding utilities necessary for the preparation of the plans referred to in
Section 2.3 in the possession of the Client.
9 -19
6. Arrange and make provision for. the Consultant's entry and ready access to property (public
and private) as well as to the site of the Project, as necessary to enable him to perform his
services.
7. Designate in writing an individual to act as his Representative who will transmit instructions
to and receive information from the Consultant.
The Consultant shall be entitled to rely upon the information, direction and approvals provided
by the Client pursuant to Clauses 1 through 5 hereof; inclusive, as being accurate, in the
performance of the Consultant's services under this agreement.
2.5 Consultant's Services for Construction Administration
The Consultant, on behalf of the Client, provides a review of the work during construction, The
Contractor is responsible for discharging his obligations under the terms and conditions of the
construction contract. The performance of the Contract is not the Consultant's responsibility nor
are his review services rendered for the Contractor's benefit. The Contractor is responsible for
the quality of the work. It is understood that only work which has actually been, seen during
examination of representative samples can be said to have been appraised, and comments on the
balance of the work are assumptions based upon extrapolation.
The extent of the Consultant's duties of general review are as follows:
(a) Administrative Services
1. Consultation in the tendering of a contract for Projects.
2. The review, modification and approval of the Contractor's construction schedule, the
processing of progress and final payment certificates for the work, and the preparation
and submission of work progress reports to the Client at such time and in such form and
detail as the client may require.
3. The review and checking of formwork drawings and proposed construction methods as
warranted, to ensure that the Contractor's drawings and methods comply with the design
requirements for the Project.
4. Consideration and recommendation in respect to alternatives of construction methods or
material proposed by the Contractor, and preparation of change orders.
5. Review shop drawings submitted to the degree necessary to ensure they conform with the
design requirements and contract documents.
6. Recommend on the validity of charges for additions or deletions and recommend on the
issue of change orders.
(b) Field Administration
1. Direction of the Consultant's field staff, and review of the Contractor's work to ensure
compliance with the plans and specifications.
9 -20
10
2. Surveying and field stakeout for the layout control points, and calculation of pay
quantities for the work.
3. Calculation and recording of quantities, and the preparation of progress and final
payment certificates prescribed by the Client, together with the' compilation of such
survey notes, diaries, records and reports substantiating such certificates during
construction and on completion of the work.
4. Arranging, preparing and shipping for testing materials supplied by the Contractor for
incorporation in the work, and the review of test results and judgment of acceptability of
said materials.
S. On -site tests during the construction of the work to verify acceptability according to the
specifications.
6. The assignment of the necessary field inspectors to perform such field operations
necessary in the provision of the foregoing construction administration services.
7. Investigating, reporting and recommending on unusual circumstances which may arise
during construction.
8. Carrying out final inspection at the conclusion of the construction contract.
19, The preparation and submission to the Client of one complete set of reproducible, revised
contract drawings showing the 'as constructed' Project, to the extent requested by the
Client and to the extent possible from information provided by the Contractor or
otherwise patently visible. Consultant is not responsible for the accuracy or
completeness of field change information supplied (or to have been supplied) by persons
not in the Consultant's employ.
2.6 Client's Services for Construction Administration
The Client shall provide the Consultant with the following services notwithstanding that, should
the Client be unable to provide any of the services hereunder, they may be assigned to the
Consultant.
1. Supplementary factors governing the Contractor's operations, such as.by4aws, property
considerations, maintenance of public services and traffic.
2. General direction of the Consultant in the provision of the services.
3. Arrange and make provision for the Consultant's entry and ready access to property (public
and private) as well as to the site of the work, as necessary to enable him to perform his
Services.
4. Designate in writing an Individual to act as his Representative, who will transmit instructions
to, and receive information from, the Consultant.
9 -21
11
The Consultant shall ba entitled to rely upon the information, direction and approvals provided
by the Client pursuant to Clauses I through 4 hereof, inclusive, as being accurate, in the
performance of the Consultant's services under this Agreement.
2.7 Consultant Services for Review of plans of Subdivision and Development Site Plans
The Consultant shall review and provide comment to the Client on Plans of Subdivision and Site
Plans prepared by Developers and/or their Consultant. The extent of the review shall be as
directed by the Client.
2.8 Consultant Services
The Consultant shall provide advisory services and prepare reports as directed to assist the Client
on projects as requested. This may include surveying, negotiations to purchase property,
computer services, road needs study, development charges, transportation reports, master
stormwater drainage reports or any project associated with Engineering, Architectural and Urban
Planning disciplines.
2.9 Environmental Assessments
The Consultant shall perform duties and prepare reports as required under Provincial Regulation
of the Environmental Assessment Act.
ARTICLE 3 - FEES AND DISBURSEMENTS
3.1 Definitions
For the purpose of this Agreement, the following definitions shall apply:
(a) Payroll Cost
Payroll Cost is defined as hourly salary plus payroll burden of 26.32% to cover vacation,
statutory holidays, health and medical insurance, group life and disability insurance,
company and Canada pension employer contributions, Workers' Compensation and
Unemployment Insurance, but excluding bonuses or profit sharing.
3.2 Basis of Payment
3.2.1 Fees Calculated on a Time Basis
3.2.1.1 The Client shall pay the Consultant a fee, calculated on a time basis, for that part of the Services
described in Article 2. Fees on a time basis shall be as follows:
(a) Staff on normal assignments - Payroll Cost plus 70 %.
3.2.1.2 Time Expended
All time expended on assignments, whether in the Consultant's office, at the Client's premises,
or elsewhere, and including travel time, shall be chargeable. This also includes, but is not
9 -22
12
limited to, stenographic and clerical staff engaged in the preparation of documents such as
reports, and specifications.
3.2.2 Computer Services
Computer services, except where a computer is used for design under the percentage fee scale or
for the Consultant's normal office administration, shall be considered a reimbursable expense.
3.2.3 Reimbursable Expenses
In addition to the fee, the Consultant shall be reimbursed at cost for all expenses properly
incurred by him in connection with projects, including but not limited to: vehicle use charges,
travelling and living expenses, long distance telephone charges, teletype and telegraph charges,
printing and reproductions, progress photography, advertising for tenders, special delivery and
express charges, overtime premium costs, and the cost of providing and maintaining site offices,
supplies and equipment, approved special consultations, subsurface investigations, legal surveys,
chemical and physical_tests.
3.3 Payment
3.3.1 Fees Calculated on aTime Basis
The Consultant shall submit an invoice to the Client for all Services completed in the
immediately preceding month. interest at the annual rate of Nil per month on overdue accounts.
9 -23
13
IN WITNESS WHEREOF the parties hereto have caused to be executed these presents by
their officers properly authorized in that behalf on the day and year first above written.
CONSULTANT: AECOM CANADA LIMED
Per.
Per;
Name:
Office:
Name: Office:
I/We have the authority to bind the Corporation.
CLIENT: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Ifin Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
We have the authority to bind the Corporation.
9 -24
ATTACHMENT NO.: 2
REPORT NO.: EGD- 041 -08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO.2008 -XXX
being a by -law to authorize the Mayor and the Municipal
Cleric on behalf of the Municipality of Clarington to execute
an Agreement for Professional Consulting Services between
the Municipality of.Clarington and Aecom Canada Limited.
WHEREAS at its meeting on October 14th, 2008, Council of the .Municipality of
Clarington received and approved. Report EGD- 041-08 entitled `TSH merger with
Aecom Canada — Amendments to Agreement for Professional Consulting Services with
TSH and related amendments to the Purchasing By -law";
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington
are authorized to execute an Agreement for Professional Consulting Services
between the Municipality of Clarington and Aecom Canada Limited in the form
and with the content of the Agreement contained in Attachment 1 to Report EGD-
041 -08.
By- law.read a first and second time this 14th day of October, 2008.
By -law read a third time and finally passed this 14"' day of October, 2008,
Jim Abernethy, Mayor
Patti, L. Barrie, Municipal Clerk
9 -25
ATTACHMENT NO.' 3
REPORT NO.: EGD•041 -08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO.2008 -XXX
being a by -law to amend the Purchasing By -law 2006 -127
WHEREAS at its meeting on October 14, 2008, Council of the Municipality of Clarington
received and approved Report EGD- 041.08 entitled 'TSH merger with Aecom Canada —
Amendments to Agreement for Professional Consulting Services with TSH and related
amendments to the Purchasing By- law';
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Section 1 of the Purchasing By -law 2006 -127 be deleted and replaced
with the following:
" Aecom Canada Agreement — means the Agreement for Professional
Consulting Services between the Corporation and Aecom Canada Limited
dated September 29, 2008."
2. THAT Section 28 of the Purchasing By -law 2006.127 be amended by deleting
"TSH Agreement" from its heading and text and replacing these references with
" Aecom Canada Agreement" wherever the term 'TSH Agreement" appears.
By-law read a first and second time this 10 day of October, 2008.
By -law read a third time and finally passed this 10 day of October, 2008.
Jim Abernethy, Mayor
Patti L. Barrie Municipal Clerk
Cla rft mi i REPORT
EIAERGENCY AND FIRE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution #: By -law #:
Report#: ESD- 017 -11 File #:
Subiect: MONTHLY ACTIVITY REPORT — OCTOBER 2011
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD- 017 -11 be received for information.
4— �'J l�f
Submitted by: Reviewed by:
fiord Weir,
Director of Emergency
Services
GW /mb
Franklin 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- 017 -11
1. BACKGROUND
PAGE 2
Report ESD 7017 -11 covers the month of October and is intended to provide Council
with relevant, timely information on the activity of the Emergency and Fire Services
Department.
2. COMMENTS
The Department responded to 283 calls during this period and recorded total fire
losses of $69,500. Attachment # 1 provides a monthly station response summary,
description of call types, a call type summary, a dollar loss summary, an
enforcement summary and a public education summary.
3. CONCURRENCE — Not Applicable
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Mark Berney, Deputy Fire Chief
Attachments:
Attachment 1 — Activity Report — October
11 -2
Attachment # 1 to Report ESD- 017 -11
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
REPORT PERIOD: October 1, 201100:00:00hrs - October 31, 201123:59:59hrs
STATION RESPONSE SUMMARY
STATION 1
STATION 2
STATION 3
STATION 4
STATION 5
THIS
Bowmanville
Newcastle
Orono
Courtice
Enniskillen
MONTH
THIS
132
40
22
76
13
283
MONTH
TO DATE
1511
311
194
745
129
2890
DESCRIPTION OF CALL TYPES
Fire and Explosions: Instance or destructive and uncontrolled burning involving structures,
vehicles and open area fires, including explosion of combustible solids, liquids.or gasses which
may or may not have resulted in a dollar loss or an explosion or rupture as a result of pressure,
no fire
Outdoor, No Loss Fires: Uncontrolled fires, outdoors, that did not result in a loss, injury or
fatality and is not suspected to be caused by arson, vandalism or children playing
Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e.g.
pot on stove, cooking - smoke or steam, lightning, fireworks
Burning (controlled): Complaint call related to outdoor controlled burning, authorized or
unauthorized. Fire Department did not take suppression action
False Fire Call: Alarm activation or fire call that when investigated, is determined to be as a
result of equipment failure, malicious /prank, perceived emergency, accidental activation of
alarm by a person
CO (carbon monoxide) False Call: a call where it is determined that the detection equipment
malfunctioned or there was a perceived emergency - no CO leak
Public Hazard Call: Includes a response for spills and leaks of a hazardous product such as
natural gas, propane, refrigerant, miscellaneous /unknown, gasoline or fuel, toxic chemical,
radio - active material, power lines down or arcing, bomb, explosive removal standby, CO
(carbon monoxide) or other public hazard
Rescue Call: a call for a person in danger due to their proximity to the occurrence and who is
unable to self evacuate and is assisted by Fire Department personnel i.e. vehicle accident,
building collapse, commercial /industrial accident, home /residential accident, persons trapped
in elevator, water rescue or water /ice rescue
Medical /Resuscitator Call: Includes a response to a patient(s) suffering from asphyxia,
respiratory condition, convulsions, epileptic, diabetic seizure, electric shock, traumatic shock,
heart attack, stroke, drug related, cuts, abrasions, fractures, burns, person fainted, nausea and
pre - hospital care such as administering oxygen, CPR, defibrillation, or first aid
Other Response: Assistance to other Fire Departments, calls cancelled en route, non fire
incidents where an illegal grow operation or drug operation was discovered
11 -3
Attachment # 1 to Report ESD- 017 -11
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
CALL TYPE SUMMARY
THIS
2011
TO DATE
2010
THIS
PERIOD
TO DATE
SAME
PERIOD
TO _DATE
TOTALS
283
2890
260
2672
FIRES
6
80
3
121
OUTDOOR, NO LOSS
FIRES
2
63
3
35
NON FIRE CALLS
275
2747
254
2516
Burning (controlled)
7
81
14
103
CO False calls
16
162
13
169
False fire calls
14
265
21
242
Medical /resuscitator calls
159
1524
138
1380
Other response calls
20
191
21
196
Pre fire conditions /no fire
calls
1
45
2
41
Public hazard calls
19
121
5
92
Rescue calls
39
358
40
293
DOLLAR LOSS SUMMARY
2011
THIS
TO DATE
PERIOD
$69,500
$5,706,451
11 -4
2010
SAME
TO DATE
PERIOD
$201,200
$6,803,560
Attachment # 1 to Report ESD -017 -11
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
ENFORCEMENT SUMMARY
PUBLIC EDUCATION SUMMARY
2011
ACTIVITY
THIS
TO DATE
ACTIVITY
4
TO DATE
SCHOOL VISITS
PERIOD
11
FIRE INSPECTIONS
15
235
COMPLAINT INSPECTIONS
3
100
FIRE SAFETY PLAN
6
37
FIRE EXTINGUISHER
TRAINING
4
39
REVIEW
1
4
PLANS REVIEW
8
89
SITE VISIT/
9
77
APPROVAL /PERMIT
ALARM FOR LIFE
PROGRAM RESIDENTIAL
0
453
VISITS
PART 1 SMOKE ALARM
0
0
TICKETS ISSUED
PART 3 FIRE CODE
0
3
CHARGES
FIRE INVESTIGATION
0
26
PUBLIC EDUCATION SUMMARY
2010
2011
ACTIVITY
THIS
PERIOD
TO DATE
STATI O N TO U RS
4
22
SCHOOL VISITS
2
11
FIRE SAFETY HOUSE VISITS
4
12
PUBLIC EVENTS
4
40
SAFETY LECTURES
6
37
FIRE EXTINGUISHER
TRAINING
0
6
FIRE TRUCK VISITS
1
4
2010
SAM E
PERIOD
TO DATE
4
202
9
81
0
16
3
95
6
133
2010 totals
594
0
1
0
0
0
9
2010
SAME
PERIOD
TO DATE.
3
38
5
22
0
4
6
39
0
21
0
4
0
4
11 -5
Claringtm
MUNICIPAL CLERKS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution #: By -law #:
Report#: CLD -033 -11 File #:
Subject: RESULTS OF NOISE INVESTIGATION, ORONO FISH AND HUNT CLUB
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD- 033 -11 be received; and
2. THAT all interested parties listed in Report CLD- 033 -11 be advised of Council's
decision.
Submitted by:
PLB /LDC
Reviewed by:
atti rie, Franklin Wu,
b`hicil5bl Clerk Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
13 -1
REPORT NO.: CLD- 033 -11
i P -11_[ I_ _Z61II LN 1 �7
F - 'i
At the General Purpose and Administration Committee meeting held on September 12,
2011 Resolution GPA- 556 -11 was passed, authorizing the expenditure of up to
$5,800.00 to retain the services of Swallow Acoustic Consultants Ltd. (SACL) to
determine the current sound levels of operations at the Orono Fish and Hunt Club.
Staff attended a number of properties on September 20 and October 6 in the company
of Aaron Wood of SACL. Mr. Wood is an Engineer and he was in attendance to take
sound readings from surrounding properties to determine whether or not the existing
sound levels of the Club meet or exceed the permitted 70 dBAI limit established in
By -law 2001 -071, as amended.
2. INVESTIGATION
For the purposes of obtaining sound readings staff and Mr. Wood attended six
properties and obtained readings while the RCMP was conducting their training
exercises. The community members who spoke at the Mediation meeting held on
August 16th had identified the level of noise emanating from the RCMP training as being
the most disturbing. The properties where the readings were taken are indicated on the
map attached to this report as Page 6 of Attachment #1.
3. DIFFERING INTERPRETATIONS
SACL raised a concern with the difference in the wording between the Clarington Noise
By -law and the standard as set out in the Ministry of the Environment's publication
NPC -232 "Sound Level Limits for Stationary Sources in Class 3 Areas (Rural), October
1995 ".
Section 3. 1.1 of the. By -law states that:
"During non - curfew times, any noise emanating from the use of a shooting range
shall not exceed.
(a) 70 dBAI at the point of reception for any shooting range which
began operation prior to January 1st 1980 or (b) 50 dBAI at the
point of reception for any shooting* range which began operation
after January 1st 1980."
while Section 8.(2) of the MOE noise publication states that:
"For impulsive sound ... from a stationary source which is the discharge of
firearms on the premises of a licensed gun club, the sound level limit at a point of
reception within 30 m of a dwelling or a camping area, expressed in terms of the
Logarithmic Mean Impulse Sound Level (LLM), is ... 70 dBAI if the gun club were
operating before January 1, 1980..."
13 -2
REPORT NO.: CLD- 033 -11
The subtle difference between the two documents is that Clarington's by -law sets a
maximum permitted noise level of 70 dBAI. The MOE standard can be interpreted that a
single impulsive sound occurrence can exceed the maximum level of 70 dBAI as long
as the average over a number of readings does not exceed 70 dBAI limit.
The more stringent 70 dBAI limit in the Clarington by -law was applied to assess the
compliance.
4. RESULTS
The initial results of the readings showed that two of the test sites minimally exceeded
the permitted limit, however when these readings were extrapolated to provide a "Worst
Case Scenario" the numbers increased into the mid 70s for three of the test properties
(ie, one additional property).
In their report, SACL.provides two possible solutions:
1. Limit the number of shooters at any one time to no more than three people; or
2. Construct acoustic barriers or berms along the north, east and south boundaries
of the property. These barriers would vary in height from 2 metres along the
south property line to a maximum of 5 metres on the north -east.
The Orono Fish and Hunt Club have indicated that they are prepared to proceed with
the second solution noted above. Their intent is to purchase the unopened road
allowance which runs north and south along the east side of their property. Once the
land is acquired they will construct a berm of sufficient size to reduce and contain the
noise.
The Club is currently in discussion with Engineering Services to acquire the land. The
following items have already been completed:
➢ The formal Application for Road Closure and Conveyance has been received.
➢ Consent for the proposed closure from all other property owners situated
adjacent to the subject road allowance has been obtained.
➢ The application fee of $250 has been paid.
➢ The plan of survey required to'prepare the deed has been received.
➢ All municipal departments, other governments and outside agencies have now
endorsed the road closure in principle.
➢ Initial formal approval from Municipal Council has been obtained.
13 -3
REPORT NO.: CLD- 033 -11 PAGE 4
The following items remain outstanding:
➢ The Municipality will require payment of $3,500 + HST for the cost of an
appraisal of the land value. The appraisal will be prepared by a certified property
appraiser who has been retained by the Municipality.
➢ The Municipality must advertise the proposed road closure in local newspapers.
➢ The Municipality must prepare by -laws to legally close the road and convey
ownership.
9 Payment for the land value as well as all legal, advertising and other costs
associated with the closure and conveyance must be paid to the Municipality.
➢ The Club must retain the services of a lawyer to complete the final land transfer.
➢ The Club must pay any land transfer tax.
The Club must complete any other terms or conditions deemed necessary by the
Director of Engineering Services.
5. CONCURRENCE
This report has been reviewed by Andy Allison, Municipal Solicitor and Tony Cannella,
Director of Engineering Services, who concur with the recommendations.
6. CONCLUSION
The results of the Noise Study have shown that there is a problem which must be dealt
with by the Orono club. As noted above, they have indicated a willingness to work to
correct the problem. Should that not occur, staff are prepared to initiate proceedings
against the Club.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Len Creamer, Manager, Municipal Law Enforcement
Attachments:
Attachment 1 - Swallow Noise Report
13 -4
List of interested parties to be advised of Council's decision:
Ard Neiman
Ron Alldred, President, Orono Fish and Hunt Club
Tony Bernardo
Karen McArthur
Nancy Wilson
Alan Risebrough
Elizabeth MacLeod
Bruce Blight
Rick Roddy, President, Union Rod & Gun Club
Brady Hooker, Vice - President, Union Rod & Gun Club
Kelly Adams
Steve Cody,
Shelly Richards
Lynne & Sue Richards
Ron Kirst, Canadian Pacific Railway Police
Tammy Gould
Paul and Sharon Young, Union Rod & Gun Club
Orono Fish and Hunt Club
The Marksmen Club
Jeremy Ross
Dianne Vetzal
Mike Box
Dean Link
Keith Linton
Tammy Gould
Anne Ball
Al Risebrough
Greg Farrant, Ontario Federation of Anglers & Hunters
13 -5
SWALV Attachment No. 1 to
0W
Report CLD- 033 -11
Noise Study Report
Gun Club
3292 Concession Road 7
Clarington, Ontario
Prepared for
The Municipality of Clarington
40 Temprence Street
Bowmanville, ON L1C 3A6
Prepared by
Awx /A/
aron Wood, M.Eng.
;aFrsvra4,'
Approved by
CY
t
j C w ow, M.A.Sc P.Eng.
Swallow Acoustic Consultants Ltd:
366 Revus Avenue, Unit 23
Mississauga, ON L5G 4S5
T: 905- 271 -7888, >±: 905 -271 -1846
November 8, 2011
81=128
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Acoustics, Noise & Vibra Ion Control
Table of Contents
1. Introduction .............................:............................................................ ............................... I
2. Facility Description .............................................................................. ...............................
I
3. Noise Sources .................................................................................:..... ...............................
1
4. Points of Reception .............................................................................. ...............................
2
S. Sound Level Limit .........................................................................:..... ...............................
2
6. Sound Level Measurements ................................................................. .....:.........................
3
7. Worst -case Scenario ..... .................................................................... ...............................
3
8. Noise Impacts at Critical Receptors ..................................................... ...............................
3
9. Noise Control Measure ........................................................................ ...............................
4
...................................... ...............................
10. Conclusion ......... :........ .... ...............................
5
Figure 1: Locations of Gun Club and PORs ............................................. ...............................
6
Figure2: Gun Club Layout ........................................................................... ...............................
7
Figure 3: 12 Targets of 25 -metre Range ................................................... ...............................
8
Figure 4: 10 RCMP Shooting Positions ........................................,............ ...............................
9
Figure 5: RCMP Officers Shooting Together .................................:.......... .............................10
Figure 6: Barrier Heights and Locations .................................................... .............................11
Appendix A: Clarington By -law and MOE Noise Guideline .................... .............................12
Appendix B: Measurements Raw Data ...................................................... .............................17
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1. INTRODUCTION
Page 1
The Municipality of Clarington has retained the services of Swallow Acoustic Consultants Ltd
(SACL) to prepare an Acoustic Assessment Report for an existing gun club at 3292 Concession
Road 7 in Clarington, Ontario. The area surrounding the site is generally farm lands. There are
residences around 600 metre away at the northeast and south of the gun club. An area map
showing the location of the gun club is provided in Fide 1.
The assessment was required by the Municipality to assist in investigating the noise complaints
filed against the gun club operation.
2. FACILITY DESCRIl'TION
The gun club is located approximately 700 metres north of Concession Road 7, and 600 metres
east of Leskard Road. The gun club is approximately 140 meters in length (north to south) and
110 meters in width (east to west). A map showing the layout of the gun club is provided in
Figure 2. It includes a 25 -metre range, a 50 -metre range, a 100 -metre range, and a trap shooting
area near the centre of the gun club. The 25 -metre one has 12 shooting targets, the most among
the 3 ranges. The 12 targets are shown in Figure 3.
With regard to the noise complaints, SACL learned the following information from the
Municipality:
1) The gun club has been operated since 1960s;
2) The nearby residents used to tolerate the noise from the gun club, until
3) In recent years since the gun club hosted RCMP shooting training.
4) The residents complained that the RCMP shooting training was significantly more
annoying than the operation'of the gun club before its hosting the training, because the
training often involved a team of officers shooting simultaneously, rather than amateurs
shooting separately.
3. NOISE SOURCES
SACL conducted site visits on September 20 and October 6, 2011. There were about 20 RCMP
officers on site for training sessions on September 20 and 14 officers on October 6. Each day
they were divided into two teams.
On September 20, SACL staff eye - witnessed one team was for shooting which occupied 8 of the
10 shooting positions of a range. .A photo of the 10 shooting positions is provided as Fi ug_re 4. A
photo of officers in shooting positions is provided in Figure 5. The other team was out of the
shooting ranges, conducting non - shooting training activities. The major noise sources were
officers.firing their pistols simultaneously.
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On October 6, SACL staff heard the sound of shooting while measuring noise impact at
residences along Leskard Road and Concession Road 7. When SACL staff arrived at the gun
club around lunch time, the officers were having their snacks. SACL learned the number of
officers and the dividing them into two teams from conversing with an RCMP officer on site.
4. POINTS OF RECEPTION
The critical points of reception (PORs), where the noise impacts are expected to be greatest,
occurs at the nearest noise sensitive land use. We learned from the Municipality of Clarington
that the residents of the PORs in Table 1 complained most of the noise from the gun club. The
locations of the PORs are also indicated in Figure 1.
Table 1: PORs
ID
Address
Distance to
Gun Club m
Note
POR1
7506 Leskard Road
520
Backyard, 30 metres from the house
POR2
7580 Leskard Road
610
Backyard, 30 metres from the house
POR3
7606 Leskard Road
620
Backyard, 30 metres from the house
POR4
7782 Leskard Road
1050
Backyard, -property line, 20 metres from the house
POR5
7685 Leskard Road
840
Front yard, 30 metres from the house
POR6
3283 Concession Road 7
630
Backyard, 30 metres from the house
5. SOUND LEVEL (LIMIT
Section 3.1.1 of the Corporation of the Municipality of Clarington By -law 2011 -068 states that:
During non - curfew times, any noise emanating from the use of a shooting range shall not
exceed: (a) 70 dBAI at the point of reception for any shooting range which began
operation prior to January 1" 1980 or (b) 50 dBAI at the point of reception for any
shooting range which began operation after January Ft 1980.
Section 8.(2) of the Ontario Ministry of the Environment noise publication NPC -232 "Sound
Level Limits for Stationary Sources in Class 3 Areas (Rural), October 1995" states that:
For impulsive sound—from a stationary source which is the discharge of firearms on the
premises of a licensed gun club, the sound level limit at a point of reception within 30 m
of a dwelling or a camping area, expressed in terms of the Logarithmic Mean Impulse
Sound Level (LLm), is ... 70 dBAI if the gun club were operating before January 1, 1980.'..
There is a subtle difference between the 70 dBAI in Clarington by -law and MOE noise
publication. The wording of "shall not exceed ... 70 dBAI" can be interpreted that it is the
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maximum impulsive sound level that is allowed by the by -law. The wording of "Logarithmic
Mean Impulse Sound Level (LLm), is ... 70 dBAI" can be interpreted that a single impulsive sound
occurrence can exceed the maximum level of 70 dBAI as long as the "logarithmic mean (a type
of averaging algorithm) impulse sound level" meets the 70 dBAI limit. Alternatively speaking,
the limit is Clarington by -law can be interpreted to be more stringent than the MOE limit.
The more stringent 70 dBAI limit in the Clarington by -law is selected to assess the compliance.
A copy of the by -law and two pages of the MOE NPC -232 are provided in Appendix A.
6. SOUND LEVEL MEASUREMENTS
61 Instrumentation
Sound level measurements were taken in the afternoon of September 20, 2011 and in the
morning of October 6, 2010 with a Bruel & Kjaer hand -held analyzer type 2250, serial number
2630269. It was calibrated before and after measurements with a Bruel & Kjaer sound calibrator
type 4231, serial number 2623794. A wind shield was used during all outdoor measurements.
6.2 Meteorology
There was no precipitation during site visits. The wind was less than 5 kilometers per hours. The
temperature was about 20 degree Celsius during September 20 site visit, about 15 degree Celsius
during October 6 site visit. The atmospheric pressure was about 100 kilopascals. The humidity
was about 80 %.
63 Measurements
Sound level measurements were taken at the gun club at about 100 meters behind 8 RCMP
officers firing pistols simultaneously and at about 20 meters behind one officer firing one pistol
for 20 shots. Sound level measurements were also taken at critical receptors POR1 -6:
7. WORST -CASE SCENARIO
We assume that the worst -case scenario is 12 RCMP officers shooting simultaneously because
(a) the range with most targets have 12 targets, consequently 12 shooting positions; (b) the
RCMP shooting noise is the most complained activity; and (c) due to safety concerns, there will
be no other shooting while RCMP training is underway.
8: NOISE IMPACTS AT CRITICAL RECEPTORS
The maximum impulsive sound levels measured at critical receptors during RCMP officers'
shooting are listed in Table 2.
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Table 2: Maximum Impulsive Sound Levels at PORs
Location
Measurement dBAI
Worst-case Prediction dBAI
Compliance
POR1
66.7 ,
697
Yes
POR2
71.1
74.1
No
POR3
65.0
68.0
Yes
POR4
66.8
69.8
Yes
POR5
72.4
75.4
No
POR6
69.9
72.9
No
Page 4.
For each location in Table 2, the maximum impulsive sound level of the worst -case prediction is
3 dB higher than that of the measurement. The reason for the 3 dB difference is explained below.
Sound level measurements were taken at the site of the gun club on September 20, 2011. The
measured maximum impulsive sound levels are listed in Table 3.
Table 3: Maximum Impulsive Sound Levels Gun Club
ID
Distance m
Level dBAI
Note
L1a
98
101.0
Measured behind 8 RCMP officers shooting simultaneous)
L2a
21
105.1
Measured behind 1 RCMP officers firing 20 shots continuous)
L1b
100
100.8
L1a ex olated to 100 meters
L2b
100
91.5
L2a expolated to 100 meters
It can be seen in Table 3 that the difference between Llb and L2b is 9.3 dBAI, which
corresponds well with the relationship that doubling the number of same sources will increase
the sound level by 3 dB at same distance under same acoustical condition; reversely, halving the
number of same sources will reduce the sound level by 3 dB at same distance under same
acoustical condition.
During the site visit on October 6, 2011, SACL staff learned that there were 14 officers equally
divided into 2 teams, each with 7 officers. We assumed that there were 5 to 6 officers in a team
firing simultaneously, with 1 or 2 officers in the team as instructors. Since the 25 -meter range in
the club has 12 shooting positions, we assume that in Table 2 the predicted worst -case sound
levels should be approximately 3 dB higher than those of measurements.
9. NOISE CONTROL MEASURE
Since there is non - compliance in Table 2, we recommend the gun club choose either of the
following noise control options.
Option 1: Acoustic Barriers
Acoustic barriers or berms shall be built along the north, east and south boundaries of the
gun club to fully block the line -of -site between the gun club and PORT -6. The acoustic
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barriers shall made of durable material, with minimum surface density of 20 kg /m2,
structurally sound, appropriate to wind and snow load, designed and constructed without
cracks or gaps. Any gaps under the barriers necessary for drainage purpose shall be
minimized and localized. The recommended locations and minimum heights of the.
barriers in Figure 6 are based on elevations of the gun club and PORT, -6 in Google Earth.
It is recommended that when elevation information or contour maps of the study area are
available from another source, they should be submitted to an acoustical consultant for
review.
Option 2: Operational Changes
No more than 3 people in the shooting range shall fire their guns simultaneously.
Preferably they should fire consecutively, one after one. The reasoning for this option is
explained below:
As stated in the last paragraph of Section 8, it was assumed that 5 to 6 officers in a team
firing simultaneously during the site visit on October 6, 2011. The highest impulsive sound
level measured during site visit is 72.4 dBAI at POR5, which is less than 3 d6 higher than
the limit of 70 dBAI. By reducing the number of people firing simultaneously to 3 (about
half of the assumed 5 to 6 officers), the sound levels.at PORs are expected to be lowered
by approximately 3 d6 as described in the last second paragraph of Section 8,
10. CONCLUSION
SACL conducted a noise study of the gun club at 3292 Concession Road 7, Clarington, Ontario.
Based on measured sound levels (see Table 2 in Section 8 at critical receptors regarding the
impulsive sound of the most complained RCMP officers' firing pistols together, it is predicted
that noise impacts will not be totally in accordance with the sound level limit of 70 dBAI in the
Clarington By -law 2011 -068; under worst -case scenario (described in Section 7). Therefore it is
recommended that the noise control measure (described in Section 9 ) should be implemented.
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Acoustics, Noise & Vibration Central
Clarington_Gun (B1 -128)
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Figure 2: Gun Club Layout
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Figure 3: 12 Targets of 25 -metre Range
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1•
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Figure 4: 10 RCMP Shooting
Positions
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. Figure 5: RCMP Officers Shooting Together
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Figure 6: Barrier Heights and Locations
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Appendix A: Clarington By -law and MOE Noise Guideline
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2011 -068
Being a By -law to amend Noise By -law 2007 -079
WHEREAS Section 129 of the Municipal Act, 2009, S.O. 2001, Chapter 25 states
that a local municipality may prohibit and regulate noise;
AND WHEREAS The Council of the Corporation of the Municipality of Clarington
deems it appropriate to amend By -law 2007 -071, which is a by -law to regulate
noise levels within the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 1.1 of By -law 2007 -071 is deleted in its entirety and replaced with
the following:
No person shall ring any bell, blow or sound any horn or cause
the same to be rung, blown or sounded, or shout or create,
cause or permit any unusual or excessive noises which, at the
point of reception, are likely to disturb any other inhabitant of the
Municipality of Clarington.
Section 3.1 of By -law 2007 -071 is deleted in its entirety and replaced with
the following:
3.1 A noise curfew shall apply to the following shooting ranges
within the Municipality of Clarington:
(a) the Orono Fish and Hunt Club;
(b) the Union Rod and Gun Club; and
This curfew shall be from 9 :00 p.m. until 8:00 a.m. the
following day (Monday through Saturday), 9:00 p.m.
Saturday until 10:00 a.m. Sunday, and 4:00 p.m. Sunday
until 8:00 a.m. Monday.
3.1.1 During non -curfew times, any noise emanating from the use of a
shooting range shall not exceed:
(a) 70 dBAI t the point of reception for any shooting range
which began operation prior to January 15t 1980; or
(b) 50 dBAI at the point of reception for any shooting range
E��
which began operation after January 15t 1980,
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Notwithstanding section 3.1 above, all approved indoor shooting
ranges within the Municipality shall be exempt from the noise
curfew.
3. Section 3.3 of By -law 2007 -071 is deleted in its entirety and replaced with
the following:
3.3 A noise curfew shall apply to any noise from any excavation or
construction work whatsoever, including the erection, demolition,
alteration or repair of any building from 9:00 p.rim. until 7:00 a.m.
the following day, (Monday through Saturday), 9:00 p.m.
Saturday until 10:00 a.m. Sunday, and.from 4 :00 p.m. Sunday
until 7:00 a.m. Monday.
33.1 For the purposes of this by -law, noise related to construction
work shall be interpreted to include the starting, Idling and
warming up of any truck or mechanically powered excavation or
earth moving equipment.
3.3.2 Noises emanating from the operations described in sections 3.3
and 3.3.1 shall not be considered to be a violation under this by-
law when said operations are carried on outside the time periods
set out by a curfew.
3.3.3 Notwithstanding any other provision to contrary, appropriate staff
may authorize construction work to be carried on outside the
curfew restrictions set out in this By -law only in the case of
urgent necessity and then only under prior authorization from
appropriate staff.
The provisions of this by -law shall come into full force and effect on the
19th day of September 2011.
BY -LAW read and passed in open session this 4th day of July, 2011
A. Foster, Mayor
Patti L. Barrie, Municipal Clerk
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MINISTRY OF.THE ENVIRONMENT
(2) Approval of Stationary Sources
The One Hour Equivalent Sound Level (L,,) and/or the Logarithmic Mean Impulse Sound Level (LLm)
produced by the stationary sources shall be obtained by measurement or prediction. The estimation of
the Leq and /or LLm of the stationary source under impact assessment shall reflect the principle of
"predictable worst case" noise impact. The "predictable worst case" noise impact occurs during the hour
when the difference between the predicted sound level produced by the stationary source and the
background sound level of the natural environment is at a maximum.
PROCEDURES
All sound level measurements of the One Hour Equivalent Sound Level (L,,) and the Logarithmic Mean Impulse
Sound Level (LLm) shall be made in accordance with Reference [3]:
All sound level measurements of the One Hour Ninetieth Percentile Sound Level (L,) shall be made using a
Sound Level Meter capable of measuring percentile sound levels. The meter shall meet the applicable
requirements for an Integrating Sound Level Meter of Reference [2]. The measurements shall be carried out
following procedures for the measurement of varying sound described in Reference [3].
Sound from existing adjacent stationary sources may be included in the determination of the background hourly
sound levels L and L90; if such stationary sources are not under consideration for noise abatement by the
Municipality or tie Ministry of Environment and Energy.
SOUND LEVEL LIMITS - GENERAL
(1) For impulsive sound, other than Quasi - Steady Impulsive Sound, from a stationary source,'the sound
level limit at a point of reception within 30 m of a dwelling or a camping area, expressed in terms of the
Logarithmic Mean Impulse Sound Level (LLm), is the lower of:
the background One Hour Equivalent Sound Level (Lea) obtained pursuant to Section 5; and
the background One Hour Ninetieth Percentile Sound Level (Lgo) plus 15 dB, i.e. L. + 15 dB,
obtained pursuant to Section 5.
(2) For sound from a stationary source, including Quasi- Steady Impulsive Sound but not including other
impulsive sound, the sound level limit at a point of reception within 30 m of a dwelling or a camping
area, expressed in terms of the One Hour Equivalent Sound Level (Leq), is the lower of:
the background One Hour Equivalent Sound Level (Leq) obtained pursuant to Section 5; and
the background One Hour Ninetieth Percentile Sound Level (L,) plus 10 dB, i.e. Lao + 10 dB,
obtained pursuant to Section 5.
SOUND LEVEL LIMITS - SPECIFIC IMPULSIVE SOUNDS
(1) For impulsive sound, other than Quasi - Steady Impulsive Sound, from a stationary source which is an
industrial metal working operation (including but not limited to forging, hammering, punching, stamping,
cutting, forming and moulding), the sound level limit at a point of reception within 30 m of a dwelling or
a camping area, expressed in terms of the Logarithmic Mean Impulse Sound Level (Lm), is 60 dBAI, if
the stationary source were operating before January 1, 1980, and otherwise is 50 dBAI.
(2) For impulsive sound, other than Quasi - Steady Impulsive Sound, from a stationary source which is the
discharge of firearms on the premises of a licensed gun club, the sound level limit at a point of reception
within 30 m of a dwelling or a camping area, expressed in terms of the Logarithmic Mean Impulse Sound
Level (LLm), is:
ublication NPC -232 _ F -
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r
MINISTRY OF THE ENVIRONMENT
• 70 dBAI if the gun club were operating before January 1, 1980; or
• 50 dBAI if the gun club began to operate after January 1, 1980; or
• the L„,, prior to expansion, alteration or conversion.
(3) For impulsive sound, other than Quasi- Steady Impulsive Sound, from a stationary source which is not
a blasting operation in a surface mine or quarry, characterized by impulses which are so infrequent that
they cannot normally be measured using the procedure for frequent impulses of Reference [3], the sound
level limit at a point of reception within 30 m of a dwelling or a camping area, expressed in terms of the
impulse sound level, is 100 dBAI. .
9. SOUND LEVEL LIMITS - PEST CONTROL DEVICES
(1) For impulsive sound, other than Quasi- Steady Impulsive Sound, from a pest control device employed
solely to protect growing crops, the sound level limit at a point of reception within 30 m of a dwelling or
a camping area, expressed in terms of the Logarithmic Mean Impulse Sound Level (LL,), is 70 dBAI.
(2) For sound, including Quasi- Steady Impulsive Sound but not including other impulsive sound, from a pest
control device employed solely to protect growing crops, the sound level limit at a point of reception
within 30 m of a dwelling or a camping area, expressed in terms of the One Hour Equivalent Sound
Level (L,), is 60 dBA.
10. PROHIBITION - PEST CONTROL DEVICES
The operation of a pest control device employed solely to protect growing crops is prohibited during the hours
of darkness, sunset to sunrise.
111. PRE- EMPTION
The least restrictive sound level limit of Sections 8, 9 and 10 applies.
112. EXCLUSION
No restrictions apply to any stationary source resulting in a One Hour Equivalent Sound Level (L,) or a
Logarithmic Mean Impulse Sound Level (Lu1), at a point of reception within 30'm of a dwelling or a camping area,
lower than the minimum values for that time period, as specified in Table 232 -1.
May 21,1999
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Appendix B: Measurements Raw Data
No.
Lmax dBAI
Address
Note
Date
1
101,0
3292 Concession Rd 7
8 officers shooting together
Sept 20, 2011
2
99.4
3292 Concession Rd 7
8 officers shooting together
Sept 20, 2011
3
105,1
3292 Concession Rd 7
1 officer firing 20 shots
Sept 20, 2011
4
66.7
7506 Leskard Rd
POR1
Sept 20, 2011
5
55.9
7506 Leskard Rd
POR1
Sept 20, 2011
6
69.9
3283 Concession Rd 7
PORE
Sept 20, 2011
7
61.3
3283 Concession Rd 7
PORE
Sept 20, 2011
8
68.2
7580 Leskard Rd
POR2
Oct 6, 2011
9
70.7
7580 Leskard Rd
POR2
Oct 6, 2011
10
71.1
7580 Leskard Rd
POR2
Oct 6, 2011
11
60.2
7606 Leskard Rd
POR3
Oct 6, 2011
12
65.0
7606 Leskard Rd
POR3
Oct 6, 2011
13
59,2
7782 Leskard Rd
POR4
Oct 6, 2011
14
65:9
7782 Leskard Rd
POR4
Oct 6, 2011
15
66.8
7782 Leskard Rd
POR4
Oct 6, 2011
16
65.1
7685 Leskard Rd
POR5
Oct 6, 2014
17
72.4
7685 Leskard Rd
POR5
Oct 6, 2011
18
65.1
7685 Leskard Rd
POR5
Oct 6, 2011
19
53.4
3283 Concession Rd 7
POR6
Oct 6, 2011
20
57,0
3283 Concession Rd 7
PORE
Oct 6, 2011
21
57.2
3283 Concession Rd 7
POR6
Oct 6, 2011
The End
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution #: By -law #:
Report#: CLD- 034 -11 File #:
Subiect: SCHEDULING OF STATUTORY PUBLIC MEETINGS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report CLD- 034 -11. be received;
2. THAT direction be provided as to scheduling public meetings, based on the
options identified in Section 3.4 of Report CLD- 034 -11; and
3. THAT the Procedural By -law be amended to provide for Public Meetings and
Delegations to be heard prior to Presentations during General Purpose and
Administration Committee meetings and that the ability to schedule Presentations
at the GPA meeting for specific times be provided to the Municipal Clerk.
Submitted by: Reviewed by:
W��_
Franklin Wu,
Municipal Clerk Chief Administrative Officer
Initials
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
13 -25
REPORT NO.: CLD- 034 -11 PAGE 2
1. BACKGROUND
At the Council meeting held on October 3, 2011, Resolution #GPA- 575 -11 was
approved, which reads as follows:
"THAT Staff prepare a report regarding the possibility of holding Public
Meetings during the evening; and
THAT the report include the possibility of altering the order of the agenda at
General Purpose and Administration to hear delegations before
presentations."
2. PUBLIC MEETINGS
2.1 Public Meetings under the Planning Act have been heard by the General
Purpose and Administration Committee (GPA) since 1983 when the requirement
for public meetings was introduced. More recently, an amendment to the
procedural by -law provides that statutory public meetings under any legislation
are to be heard by GPA. The GPA meetings have been held in the daytime
since the Committee's inception in 1981.
2.2 Practices in Other Municipalities
The following chart indicates the practices for holding Public Meetings in other
municipalities within the Region of Durham:
Municipality
When Held
Where Held
Ajax
Evening, twice /month
Council Chambers
Brock
Evening
Council Chambers, but may
be held in Community
Centres
Oshawa
Evening, Every 3 weeks or as
Council Chambers
needed
Pickering'
Evenings prior to Planning
Council Chambers
Committee meeting, once /month
Scugog
Evening as part of Council meeting
Council Chambers
Uxbridge
Same evening as Council meeting
Council Chambers
(Council commences at 7:00, Public
Meeting commences at
approximately 7:30 following which
Council reconvenes)
Whitby
Evening, part of Planning
Council Chambers
Committee meeting
Region
Morning, part of Planning
Committee Meeting Room
Committee meeting
13 -26
REPORT NO.: CLD- 034 -11
3. CONSIDERATIONS
3.1 Public Participation
PAGE 3
The Public Meeting is a statutory requirement of the Planning Act to provide an
opportunity for those individuals who may be affected by an application to receive
more detailed information and to make their views known to the members of
Council. It is not, however, the only opportunity for the public to gain information
or to voice their opinions. The PowerPoint presentations which staff make at the
Public Meeting and the detailed staff report is available through the Planning
Services Department, the Municipal Clerk's Department and also on -line. Should
an individual not be able to attend the Public Meeting, they are able to attend the
following Council meeting as a delegation or they are able to make a written
submission to Council. This is outlined in the standard public notice. As well,
staff is available during regular office hours to speak to anyone with respect to an
application.
Staffing
Should it be Council's desire to change the format of the public meetings such
that they are held in the evening, it will be necessary for the unionized staff to be
compensated at their overtime rate of pay and to receive a meal allowance for
their extended work day. In addition, it is often beneficial to managers to attend
the meeting to hear the public concerns that were raised, particularly on large or
contentious projects.
Between 2008 and 2011, Planning Services has held 92 public meetings, or an
average of 23 public meetings annually. Two of those years, there were 28 and
29 meetings respectively; much less during the recession year of 2009. It is
estimated that the incremental cost for evening meetings for Planning Services
would be $4,000 to $5,000 per annum. The estimated cost for Municipal Clerk's
Department staff is approximately $3,000 per annum.
3.2 Location
During the discussion at the GPA meeting, the suggestion of holding the Public
Meetings in various venues throughout the municipality in order to have the
meetings held in close proximity to those who are potentially most affected by the
application, was also raised. The logistics of moving the Public Meetings to
different venues is problematic. Audio /video equipment that is required is not
always available in the various locations, necessitating staff bringing screens,
projectors, computers, microphones, etc. which will be required. The set -up and
takedown of the equipment will have to be completed by staff, at their overtime
13 -27
REPORT NO.: GLD- 034 -11
PAGE 4
rate. Also, the capability of recording the meetings as is our new practice, will be
lost by moving to a different venue. Should a municipal facility not be available in
the area of the application, it will also be necessary for the Municipality to rent a
community hall. These rents range anywhere from $40 to $325.
Another issue to be taken into account when considering location of the meetings
is the fact that the meeting may be held for the purpose of considering more than
one application. These applications could affect different areas of the
municipality, ie, one in Courtice and one in Newcastle.
For the above -noted reasons, Staff recommend that the Public Meetings be held
in the Council Chambers within the Municipal Administrative Centre, unless
otherwise directed by Council.
3.3 Public Meeting Options
The following options for the holding of Public Meetings are provided:
1. Continue with Present Procedure
Continuing with the present procedure of holding Public Meetings at GPA,
commencing at 9:30 a.m. allows the public the option of appearing at either
the daytime meeting or at the evening Council meeting the following week.
This procedure provides individuals the opportunity to address the members
of Council according to their schedule (working during the day or working shift
work). As well, if an individual did not speak at the GPA meeting, but decided
following the meeting that they do want to make their opinions known, the
additional opportunity to do so is available to them.
2. Hold Public Meetings at Council
The Public Meetings could be scheduled to be held at the commencement of
regular Council meetings (7:00 p.m.). This option would fit into the current
schedule of meetings for members of Council and staff and would allow for
those individuals who work during the day to be able to address the issue.
Public Meetings vary widely in the time required and, where required, up to
four applications could be heard at a meeting. This will result in longer
Council meetings, in many cases resulting in the meeting having to be
extended beyond the 11:00 p.m. curfew or continuing on a subsequent day.
A Planning Services staff report is submitted at all public meetings. Should it
be Council's wish to hold the public meetings during a Council meeting, this
report would be included on the Council agenda under the heading of "Staff
Reports) ". Occasionally the staff report does recommend approval of the
13 -28
REPORT NO.: CLD- 034 -11
PAGE 5
application at this point. In this case, the opportunity for individuals who did
not speak at the Public Meeting to address Council is lost as the matter will
not be reported on at a later date.
3. Hold Public Meetings Prior to. Council
The public meetings could be scheduled to be held the same night as
Council, commencing at 5:00 p.m. or 5:30 p.m., thereby most often being
completed in time for Council to commence at 7:00 p.m. This option would
not impact the length of the Council meeting and having to extend the
adjournment hour past 11:00 p.m. or continue at another time, except in rare
circumstances when a lengthy public meeting is held. It may, however, make
it difficult for members of the public to arrive home from work and make it to
the Public Meeting on time.
To allow for the occasion when a public meeting cannot be completed within
a 1.5 or 2 hour timeframe, the Procedural By -law could be amended to allow
for the Council meeting to commence immediately following the public
meeting.
As noted with Option 2. above, the staff report regarding the public meeting
would be included on the Council agenda under the "Staff Report(s)" section.
4. Hold Public Meetings Separately from GPA and Council
The Public Meetings could be scheduled to be held during a GPA meeting
held on a night separate from regularly scheduled GPA and Council meeting
dates. This option allows members of the public to address the members of
Council at either the public meeting or the following Council meeting when the
recommendation is being ratified. It does not, however, provide the
opportunity for individuals who are working shift work to address the matter
during the daytime.
Should a separate meeting be held, there would be additional Building
Services staff costs of approximately $1,200 per annum to have staff at the
entrance and for securing the building.
A consideration with this option is finding an evening that members of Council
are available, given the various board and. committee meetings which they
are required to attend.
Should it be Council's desire to hold public meetings in the evening, an
amendment to the Procedural By -law will be required.
13 -29
REPORT NO.: CLD- 034 -11
4. ORDER OF AGENDA
PAGE 6
The resolution passed at GPA also requested that staff report on the possibility of
altering the order of the GPA agenda to hear delegations prior to the
presentations. Presumably, if Public Meetings were to be maintained at the
GPA, both the Public Meeting and the Delegation portion of the agenda would be
moved ahead of Presentations.
This was prompted by the fact that many times citizens attend at a meeting to
appear as a delegation and must sit through what can potentially be lengthy
presentations prior to being able to address Committee. Often times these
individuals have made arrangements to go to work following their delegation and
do not realize the amount of time that is going to be taken up by the
Presentations. The Presentations, on the other hand, are municipal staff,
consultants retained by the Municipality, senior levels of government or other
municipal governments. These individuals are attending in a professional
capacity as part of their work related duties.
In order to alleviate this concern, it is recommended that the Procedural By -law
be amended such that the Public Meetings and Delegations are heard prior to the
Presentations at the GPA meetings.
When consultants are attending on behalf of the Municipality, there would an
additional cost if their attendance is prolonged.
An alternative would be to provide the Clerk with some flexibility in putting
together the agenda so that where longer presentations or a series of
presentations are lined up, the Presentation could be scheduled for a specific
time, ie, regardless of where the Committee is at in the agenda, the Presentation
would be heard (e.g., 10:30 a.m.).
5. CONCURRENCE
This report has been reviewed by David Crome, Director of Planning Services
who concurs with the recommendations.
13 -30
REPORT NO.: CLD -034 -11
6. CONCLUSION
PAGE 7
Based on the foregoing information, it is respectfully recommended that direction
be provided as to scheduling public meetings, based on the options identified in
Section 3.4 of Report CLD- 034 -11, and that the Procedural By -law be amended
such that Public Meetings and Delegations are heard prior to Presentations at
GPA and to provide the Municipal Clerk with the ability to schedule specific times
for Presentations.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Patti L. Barrie, Municipal Clerk
13 -31
Date: November 28, 2011 Resolution #: By -law #:
Report#: COD- 036 -11N File #:
Subiect: BOWMANVILLE TENNIS CLUB — COURT LEASE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the,following:
1. THAT Report COD - 036 -11 be received;
2. THAT the Manager of Purchasing be authorized to negotiate a new lease
agreement with Bowmanville Tennis Club, for the lease of tennis courts located
at the Clarington Older Adults Centre, 26 Beech Avenue, Bowmanville for a one-
year term of January 1, 2012 to December 31, 2012;
3. THAT the lease also serve as notice of lease termination on December 31, 2012;
and
4. THAT the Mayor and Clerk be authorized to execute the lease agreement in a
form satisfactory to the Municipal Solicitor.
Submitted by: Reviewed by:
Marie Marano
Director of Corporate
Services
M M/J B /km
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
14 -1
REPORT NO.: COD - 036 -11
1. BACKGROUND
PAGE 2
1.1 At their meeting held July 14, 2008 Council reviewed Report #COD - 047 -08
Bowmanville Tennis Club — Lease Renewal (Attachment "A ")and approved the
following amended Resolution:
"THAT Report COD - 047 -08 be received;
THAT the Manager of Purchasing be authorized to continue with the formal
negotiations of a new lease agreement with Bowmanville Tennis Club, for the
lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for
the term of January 1, 2008 to December 31, 2011;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a
form satisfactory to the Municipal Solicitor; and
THAT the attached By -law marked Schedule "A" authorizing the Mayor and the
Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis
Club be forwarded to Council for approval.,,
1.2 In 2008 the lease was executed with a term as set out in the resolution.
1.3 At the end of 2010 one year prior to the expiry date of the lease agreement the
tennis club was notified of the lease expiry and reminded of the requirement for
the removal of the court lights and tennis club fixtures at the conclusion of the
lease.
1.4 On September 19, 2011 Mr. Kern Majid, President of the Bowmanville Tennis
Club, made a presentation to Council with respect to the tennis court lease
termination and subsequent to the presentation the following resolution was
passed:
"THAT the request from Mr. Kern Majid and the Bowmanville Tennis Club be
received for information at this time;
THAT a decision be rendered after discussion and a meeting has been held
between the Clarington Older Adults Association Board and the Department
Head staff from Community Services, Engineering Services, Corporate Services,
Operations, the Fire Chief, Mayor and Council Liaison at which time all lease
arrangements and documentation from 1998 until present be discussed and a
recommendation come forward with respect to parking, the tennis courts and the
future of the COAA at its current location, and future planning for the
organization; and
THAT this be done sooner rather than later and that the information come
forward at the October 1.7t" General purpose and Administration Committee
meeting."
14 -2
REPORT NO.: COD - 036 -11 PAGE 3
2. COMMENTS
2.1 Since passing of the above noted resolution, the appropriate Department Head
staff, the Mayor and Council Liaison have met with the Clarington Older Adult
Centre Board. Further meetings have also been held to discuss the issues to be
addressed in the above noted resolution and determine the next steps for
Council's review.
2.2 During the course of the meetings the issue of the fast approaching end date for
the tennis court lease has been discussed and the future of the tennis courts is
tied directly to the issue of the parking and the future use of the facility. The
COAB will need to confirm it's future direction as identified in the approved
strategic plan, in order to consider the ultimate future use of the Beech Centre.
In the event that the parking is deemed adequate given the future plans for the
facility usage and COAA programming Council will then need to determine of the
future availability or use of the tennis courts section of the property.
2.3 Given the time that is required to reach a conclusion on the issues and provide
the required report it will be 2012 before any direction can be established.
Depending on the direction, be it to expand the parking using the tennis court
space or to maintain the status quo, and the future of the Beech Centre is known,
the timing is such that the tennis courts will remain available for 2012. If the
review results in a proposed expansion of parking using the tennis courts space
work on the parking expansion will not take place at the earliest until 2013 after
budget approval and design work is completed.
2.4 The subsequent report responding to outstanding issues in the Council resolution
of September 19th which will confirm the COAB future direction and will speak to
whether the tennis courts are required for full use of the property for COAB
purposes or whether a further lease should be considered for the Tennis Club to
continue to use the courts until the property is required. At that time the
Engineering report on the impact of using the courts space would be triggered.
2.5 For clarification, the responsibility for the remaining tennis court sub -lease at the
Beech Centre rests with the Municipality in accordance with the Memorandum of
Understanding established in 2001.
2.6 In view of the outstanding questions and the timing of the report to provide
responses to the questions along with recommendations it is proposed. that a
lease be negotiated with essentially the same terms, conditions and a nominal
rent increase with the Tennis Club for the tennis courts at the Clarington Beech
Centre for a one year period commencing January 2012 to December 31, 2012.
14 -3
REPORT NO.: COD - 036 -11
3. CONCURRENCE
PAGE 4
3.1 This report has been reviewed by the following Directors who concur with the
recommendations.
Nancy Taylor, Director of Finance/Treasurer
Fred Horvath, Director of Operations
Joe Caruana, Director of Community Services
Tony Cannella, Director of Engineering
3.2 This option has also been discussed with the President of the Bowmanville
Tennis Club and the Executive Director of the COAC who concur with the
approach.
4. CONCLUSION
4.1 In view of the availability of the tennis courts for the 2012 tennis season it is
recommended that that the Manager of Purchasing be authorized to negotiate a
new lease agreement with Bowmanville Tennis Club, for the lease of tennis
courts located at the Clarington Older Adults 26 Beech Avenue for the term of
January 1, 2012 to December 31, 2012
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Marie Marano, Director of Corporate Services
Attachments:
Attachment "A" - Report COD - 047 -08
Attachment "B" —Addendum to Report FND- 011 -01
List of interested parties to be advised of Council's decision:
Clarington Older Adult Centre Board
Bowmanville Tennis Club
14 -4
sE
Attachment "A"
NA91
R1 -
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSEAND ADMINISTRATION COMMITTEE
Date: July 7, 2008
Report ##: COD- 047 -08
File #
Subject; BOWMANVILLE TENNIS CLUB — LEASE RENEWAL
Recommendations:
By -law #
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report COD - 047 -08 be received;
THAT the Manager of Purchasing be authorized to continue with the formal negotiations
of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts
located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008
to December 31, 2010 with an option extend for up to three one year terms;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a form
satisfactory to the Municipal Solicitor; and
4. THAT the attached By -law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded
to Council for approval.
Submitted by;
Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
MM \JDB \km
Reviewed by: ��� ►� �` `� C��
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 -4169
14 -5
REPORT NO.: COD - 047 -08
BACKGROUND AND COMMENT
1. BACKGROUND AND COMMENT
Attachment "A"
PAGE 2
1.1. At their meeting of March 25, 2008 Council approved resolution #GPA- 215 -08
which reads in part as follows;
"THAT the Manager of Purchasing be authorized to proceed with the formal
negotiations of a new lease agreement with the Bowmanville Tennis Club as set
out in Report COD - 016 -08, and report back to Council for approval to execute
the final agreement."
1.2 With the approval of Council as noted above, discussions began with the Tennis
Club representatives and the main issues, being rent and the duration of the
lease were agreed to on a draft lease was prepared and presented. This lease
was similar in form and content to the previous twenty year and included an
updated lease rate and term with a one year notice for termination.
1.3 For a number of reasons a final lease has not been agreed upon as at this date
and with Council recessing for the summer, staff are requesting approval to
continue with the discussions leading to a mutually acceptable lease and further
that the Mayor and Clerk be authorized to execute the agreement satisfactory to
the Municipal Solicitor.
2. FINANCIAL IMPLICATIONS
2.1. Discussions to date have settled the lease rate for year one of the lease at
$1,350.00 dollars per year, subject to the Goods and Services Tax and payment
of property taxes.
2.2. An escalation formula has been agreed upon for annual increase and this utilizes
the Consumer Price index (All items) for Toronto. A copy of the draft lease is
attached for information.
14 -6
REPORT NO.: COD - 047 -08
3. CONCLUSION
Attachment "A"
PAGE
3.1. Given the circumstances staff are confident that the outstanding lease issues can
be resolved in a short period of time and final lease presented for execution,
3.2, Due to Council Summer Recess staff is recommending that the Mayor and Clerk
be authorized to execute an agreement satisfactory to the Municipal Solicitor.
4. INPUT FROM OTHER SOURCES
4.1. This report has been-reviewed for recommendation by the Purchasing Manager,
with the appropriate departments and. circulated as follows:
For Information: Director of Operations
Attachments:
Attachment 1 — Schedule "A ", By -law
Attachment 1 — Schedule "B" Draft Lease Agreement
14 -7
Attachment "A"
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2008-
Being a By -law to authorize an agreement between the
Corporation of the Municipality of Clarington and the
Bowmanville Tennis Club, Bowmanville, Ontario to enter into
agreement for the lease space at the Clarington Beech
Centre, 26 Beech Avenue, Bowmanville, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are authorized as per report COD - 047 -08 to execute,
on behalf of the Corporation of the Municipality of Clarington and seal with the
Corporation Seal, a contract between, Bowmanville Tennis Club, of Bowmanville,
Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By -law.
By -law read a first and second time this day of , 2008.
By -law read a third time and finally passed this day of , 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
14 -8
DRAFT Schedule "B"
THIS INDENTURE made in triplicate the first day of 2008.
BETWEEN:
IN PURSUANT OF THE SHORT FORMS OF LEASES ACT
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
herein called the 'Lessor':
and—
THE BOWMANVILLE TENNIS CLUB
of the FIRST PART
herein called the "Lessee"
of the SECOND PART
PREMISES WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid, observed and
performed, the said Lessor has demised and leased and by these presents cloth demise
and lease unto the said Lessee, ALL THOSE CERTAIN LANDS described as The
Bowmanviile Tennis Club Courts and the Immediately surrounding fence as located on this
date on the property owned by the Municipality of Clarington at 28 Beech Avenue,
Bowmanville, Ontario.
TERM TO HAVE AND TO HOLD the said demised premises for and during the Term to be
computed from the first day of January 1 ", 2008 and from thenceforth ensuing and to be
fully completed and ended on the first day of January 1 ", 2010, provided that prior to the
expiry of the Term the Lessor's Council resolves that the Lessor wishes to lease the
Premises for a further one -year term (not to exceed three one -year terms) commencing
on a day within the two (2) month period which commences on the day following the
date of expiry of the Term, the Lessor and Lessee shall use their best efforts to settle
the terms and conditions of the new lease or an extension of this lease of the Premises.
RENTAL The said Lessee covenants with the said Lessor to pay rent as follows:
YIELDING AND PAYING DURING the said Term hereby granted unto the said Lessor the
following sums payable in advance on January 1 of each year
January 1, 2006 X1350 80 (i�lulr,r nods & Services Tax)
On January1, 2009 tne`re of $3,500.00 (P s GST)shall be Increased pro rata with the
increase in the Consumer P ce• ex*(GPI) ( I items) for Toronto with November 1" of
2007 as the base date and the Increase 09 to be based on the Increase, if any, In
the CPI from November 1, 2007 to November 1, 2008 with the rent for or each succeeding
year that the lease is extended being similarly increased in proportion to the applicable
increase, if any, In the CPI,
BUSINESS AND to pay all business taxes In respect of the business carried on by the Lessee In and
TAXES upon or by reason of their occupancy of the premises hereby demised;
REPAIR AND to repair (reasonable wear and tear, and damage by fire, lighting and tempest only
excepted);
AND that the said Lessor may enter and view state of repair,
AND that the said Lessee will repair according to notice In writing (reasonable wear and
tear and damage by fire, lighting and tempest excepted);
AND that they will leave the premises in good repair (reasonable wear and tear and
damage by fire, lighting and tempest excepted);
ASSIGNMENT AND will not assign or sub -let the whole or any part of the demised premises without
leave; the Lessee hereby waives and renounces the benefit of any present or future act of
the Legislature of Ontario which would allow the Lessee to assign or sub -let this lease,
without leave of the Lessor.
AND the said Lessee covenants with the said Lessor, Its successors and assigns:
Attachment "A"
14 -9
BUSINESS (a) THAT the said demised premises will not, during the said Tenn, be at any time
used for any other purpose than that of a Tennis and Racquel Club.
FlXTURES (b) AND THAT not fixtures, goods or chattels of any kind will, except In the
ordinary course of business, be removed from the demised premises during
the term hereby demised or at any time thereafter without the written consent
of the Lessor, Its successors or assigns, being first had and obtained, until all
rent in arrears as well as all rent to become due during the remainder of the
Term hereby granted shall have been fully paid, or the payment thereof
secured to the satisfaction of the Lessor or Its assigns.
ELECTRIC (c) THE Lessee hereby covenants to pay all charges for electric energy (for light
POWER and power) used by the Lessee in the demised premises.
ALTERAMNS, (d) THAT if the Lessee shall during the said Tenn desire to affix or erect partitions,
PARTmONS, counters or fixtures to any part of the demised premises, it may do so at Its
ETC, own expense at any time and from time to time provided that the Lessee's
rights to make such alterations to the demised premises shall be subject to the
following conditions;
(1) THAT before undertaking any such alterations, the Lessee shall submit
to the Lessor a plan showing the proposed alterations and shall obtain
the approval and consent of the Lessor to the same,
(2) THAT all such alterations shall conform to all building by -laws, if any,
then in force affecting the demised premises.
(3) THAT all such alterations will not be of such kind or extent as to in any
manner weaken the structure of the building after the alterations are
completed or reduce the value of the building,
(e) THAT, except as herein provided the Lessee will not erect or affix or remove or
change the location or style of any partitions or fixtures, without the written
consent of the Lessor being first obtained.
(f) THAT, at the expiration of the term hereby granted, or any renewal thereof, all
fixtures belonging to the Lessee shall remain upon the demised premises until
taken down by the Lessor, and the Lessee shall forthwith, upon the same
being taken down, remove the same from the demised premises first paying to
the Lessor the expense of such taking down and making good all damage
occasioned to the demised promises by the taking down or removal thereof.
(g) THAT, if the term hereby granted or the goods and chattels of the Lessee or
any assignee or sub - tenant shall be at any time seized or taken in execution or
attachment, or if the Lessee or any such assignee or sub - tenant shall make an
OARrrzRUProY assignment for the benefit of creditors or shall become bankrupt or Insolvent,
INSOLVENCY or make a proposal to Its creditors, or without the consent of the Lessor being
first obtained in writing, shall make a sale, under the Bulk Sales Act, In respect
of goods on the premises, or being a company shall become subject to any
legislative enactment relating to liquidation or winding up, either voluntary or
compulsory, the said term shall immediately become forfeited and void, and an
amount equivalent to the next ensuing three months' rent shall be at once due
and payable,
RULES AND (h) THAT the Lessee and Its clerks, servants and agents will at all limes during the
RECUUnoNS g 9
occupancy of the demised premises observe and conform to such reasonable
rules and regulations as shall be made by the Lessor from time to time
Including the rules and regulations set forth in Schedule "A" hereto and of
which the Lessee shall be notified, such rules and regulations being deemed to
be Incorporated In and form part of these presents,
Removal or All Leasehold Improvements (other than Tenant's fixtures) shall immediately upon their
K,dwes and placement become the Lessor's property without compensation to the Tenant. Except as
Personal
Property rty may be otherwise agreed by the Lessor In writing, no Leasehold Improvements shall be
removed from the Premises by the Tenant either during or at the expiry or earlier
termination of the Term. -The Tenant may; during the Term, In the usual course of Its
business, remove Its fixtures, provided that the Tenant Is not in default under this lease
and provided that such fixtures have become excess to the Tenant's needs or the
Tenant is substituting new and similar fixtures therefor. The Tenant, at the expiration or
earlier termination of the Term, at its cost, (1) shall remove such of the Tenant's fixtures
(excluding Leasehold Improvements) and Tenant's personal property In the Premises as
the Lessor shall require, (II) shall restore the Premises to the Lessor's then current
Building standard (including, without limitation the removal and disposal of any and all
hazardous or toxic substances and containers therefor in accordance • with all
applicable laws and the requirements of all Authorities) to the extent required by the -
Lessor and (111) shall otherwise peaceably surrender and deliver up vacant Possession
of the Premises to the Lessor, The Tenant, at Its cost, shall repair any damage caused
to the Building or any part thereof by such removal or restoration, If the Tenant does
not remove its fixtures and personal property at the expiry or earlier termination of the
Term, then, at the option of the Lessor and without prejudice to any other rights or
remedies available to the Lessor, the fixtures and personal property shall become the
14 =10
Attachment "A"
absolute property of the Lessor without payment of any compensation therefore to the
Tenant and, without notice to the Tenant, may be.removed from the Premises and sold
or disposed of by the Lessor in such manner as it deems advisable, all without any
liability whatsoever to the Tenant. If the Tenant fails to repair any such damage or
complete any work, removal, disposal or restoration referred to In this Section by the
expiry or earlier termination of the Term, the Tenant shall be responsible for, and shall
Indemnify and save harmless the Lessor from and against, all expenses, losses and
damages caused by such failure, Including, without [Imitation, the damages suffered by
the Lessor for loss of use of the Premises and the cost of removing and selling or
disposing of such fixtures and personal property and restoring the Premises to the
Lessors then current Building standard. The Lessor's rights and the Tenant's
obligations under this Section shall survive the expiration or earlier termination of the
Term.
REMODELLING IT IS AGREED between the Parties hereto that In the vent of a sale of the said premises
ANDSALE or if the said premises be expropriated or condemned by any Department of the Federal,
Provincial or Municipal Governments then the Lessor shall have the right notwithstanding
anything herein contained to terminate this lease upon giving three months' notice In
writing to the Lessee of his Intention so to do or by paying the said Lessee a bonus of
three months' rent, in which latter event, the Lessee undertakes to vacate the said
premises at the expiration of thirty (30) days from the delivery of such notice.
INSTAAIDATTIIONS THE Lessee agrees to pay the cost of any installations, additions, or alterations to the said
premises that the Lessor may be required to make by any Municipal, Provincial or other
governing authority, or requested by any private protective system used by the Lessee, for
the security and protection of the Lessee and his employees and his or their effects
Including but not so as to limit the foregoing Installations, additions and alterations for fire
and theft protection and all such Installations, additions, or alterations shall forthwith
become the property of the Lessor.
DISTRESS AND the Lessee further covenants, promises and agrees with the Lessor that
notwithstanding any present or future Act of the.Legisiature of the Province of Ontario,
none of the goods or chattels of the Lessee at any time during he continuance of the term
hereby created on the said demised premises shall be exempt from levy by distress for
rent in arrears by the Lessee as provided for by the said Section of said Act, and that upon
any claim being made for such exemption by the Lessee or on distress being made by the
Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee
In any action brought to test the right to the levying upon any such goods as are named
exempted in the said Section, the Lessee waiving as he hereby does all and every benefit
that could or might have accrued to him under and by virtue of the said section of the said
act but for the above covenant.
The Lessor covenants with the Lessee for quiet enjoyment.
The Lessor further covenants with the Lessee as follows:
RATFR • (a) To pay water rates for the normal supply of cold water to the said premises.
ACCESS (b) business with To hie Lessee, Inecommon with other persons, he right to enter the demised
promises by means of the main entrance on and free use of the Beech Avenue passages
from the street to the said premises at all reasonable times, subject to rules and
regulations in regard to the said building as may be passed from time to time.
PROVISO for re -entry by the said Lessor on non - payment of rent or non - performance of
covenants.
TAXES The Lessee covenants and agrees to pay all taxes, municipal, parliamentary or otherwise,
assessed against the demised premises of the Lessor or Lessee, on account thereof
Including any business taxes and taxes on personal property or Income of the Lessee,
License fees, or other taxes imposed upon the property, business or income of the
Lessee.
VOIDANCE OF IT IS FURTHER DECLARED AND AGREED that In case the.satd premises or any part
LEASEVACANT hereof be used by any other person or persons, or for any other purpose than as above
ORIMPROPER provided, without the written consent of the Lessor, this lease shall, al the option of the
USE Lessor, cease and be void, and the term hereby created expire and be at an end, anything
hereinbefore to the contrary notwithstanding and the proportionate part of the current rent
shall thereupon become immediately due and payable, and the Lessor may re-enter and
take possession of the premises as though the Lessee or other occupant or occupants of
said premises were holding over after the expiration of the term; or in such case Instead of
determining this lease as aforesaid and re- entering upon the demised premises, the
Lessor may take possession of the demised premises, or any part or parts thereof, and let
and manage the same and grant any lease or leases thereof upon such terms as to the
Attachment "A"
14 -11
Lessor or its assigns may appear to be reasonable,. and demand, collect, receive and
dlstraln for all rental which shall become payable in respect thereof, and apply the said
rentals after deducting all expenses Incurred In connection with the demised premises
and in the collection of the said rent Including reasonable commission for the collection
thereof and the management of the demised premises, upon the rent hereby reserved
and the Lessor and its assigns and every such agent acting as aforesaid from time to
time, shall in so acting be the agents of the Lessee, who alone shall be responsible for
their acts, and the Lessor and its assigns shall not be accountable for any moneys
except those actually received, notwithstanding any act, neglect, omission or default or
any such agent acting as aforesaid.
AND IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any iime upon the demised premises arising
from gas, steam, water, rain or snow, which may leak info, Issue or flow from any part of
the said lands or from the gas, water, steam or drainage pipes or plumbing works of the
same or from any other place or quarter or for any damage caused by or attributable to
the condition or arrangement of any electric or other wires in the said building, or on or
around the said lands,
The Lessee shall be liable for any damage done by reason of water being left
running from the taps in the demised premises or from gas permitted to escape therein.
RISKS OF AND "the Lessor shall not be responsible for any personal injury which shall be
INJURY sustained by the Lessee or any employee, customer or other person who may be upon
the demised premises or In the said building or the entrances or appurtenances thereto.
All risks of any such Injury being assumed by the Lessee, who shall hold the Lessor
harmless and Indemnified therefrom.
Nonce OF THE Lessee shall give the Lessor prompt written notice of any accident or other
ACCIOENr defect in the sprinkler system, water pipes, gas pipes or heating apparatus, telephone,
electric or other wires on any part of the premises, or on or around the said lands,
INSURANCE THE Lessee covenants with the said Lessor that his said business to be so
carried on In the said building will not be of such a nature as to Increase the insurance
risk on the said premises or cause the Lessor to pay an increased rate of Insurance
premiums on the said premises by reason thereof and it is distinctly understood that in
case said business so carried on by the Lessee is or becomes of such a nature to
increase the Insurance risk or causes the Lessor and /or other occupants of the said
building to pay an Increased rate of Insurance premiums, that the Lessee will from time
to time pay to the Lessor the Increased amount of Insurance premiums which the said
Lessor and other occupants of the said building have to pay in consequence thereof;
provided that the Lessee covenants that he will not carry on or permit to be carried on
any business In the said building which may make void or voidable any Insurance held
by the Lessor or the other occupants of the said building.
BUSINESS NOT PROVIDED that the Lessee will not do or permit anything to be done on the said
TO BE premises or permit or keep anything therein which may be annoying to the Lessor or
NUISANCE other occupants of the said building or which the sold Lessor may deem to be a
nulsanoe and that no machinery shall be used therein which shall cause any undue
vibration in or to the said promises and that In case of the Lessor or any other occupants
of the said building reasonably complaining that any machinery or operation or process
Is a nuisance to it or them or which causes any undue vibration or noise in the said
premises, that upon receiving notice thereof, the said Lessee will Immediately abate
such nuisance. The said Lessee covenants not to obstruct or interfere with the rights of
the Lessor or other occupants of the said building or in any way Injure or annoy them or
conflict with any of the rule and regulations of the Board of Heath or with any statue or
municipal by -law.
SIGN AND ITS HEREBY FURTHER AGREED by and between the said Lessor and the
said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed
by the said Lessee on any part of the outside or inside of the building whatever. Unless
of such manner, color, size and style and in such places upon or in said buildings as
shall be first designated by the Lessor, and, furthermore, the Lessee, on ceasing to be
Lessee of the demised premises, will, before removing his goods and fixtures from the
said premises, cause any sign as aforesaid to be removed or obliterated at his own
expense and in the workmanlike manner to the satisfaction of the Lessor.
WATER THE Lessor agrees to pay for normal water consumed on the said premises but
In the event of any abnormal consumption of water either by reason of the character of
the business carried on by the Lessee or by the use of mechanical or other contrivances
the Lessee consents to the Installation of a water meter at his own expense, if
necessary, and further agrees to pay for the excess water consumed on the said
premises.
14 -12
Attachment "A"
FIRE PROVIDED that If during the term herein or any renewal thereof the premises
Shall be destroyed or damaged by fire or the elements then the following provisions shall
apply:
(a) If the demised premises shall be so badly Injured as to be unfit for occupancy,
and as to be incapable of being repaired with reasonable diligence within one hundred
and twenty days if the happening of such Injury, then the term hereby granted shall
cease and be at an end to all Intents and purposes from the date of such damage or
destruction, and the Lessee shall Immediately surrender the same, and yield up
possession of the demised premises to the Lessor, and the rent from the time of such
surrender shall be apportioned;
(b) If the demised premises shall be capable, with reasonable diligence, of being
repaired and rendered fit for occupancy within one hundred and twenty days from the
happening of such Injury as aforesaid, but if the damage is such as to render the
demised premises wholly unfit for occupancy, then the rent hereby reserved shall not
run or accrue after such Injury, or while the process of repair Is going on, and the Lessor
shall repair the same with all reasonable speed, and the rent shall recommence
Immediately after such repairs shall be completed,
(c) If the demised premises shall be repaired within one hundred and twenty days as
aforesaid, and if the damage is such that the said premises are capable of being
partially used, then Until such damage shall have been repaired, the rent shall abate in
the proportion that the part of the demised premises rendered unfit for occupancy bears
to the whole of the demised premises,
No THERE shall be no abatement from or reduction of the rent due hereunder, nor
RBA MEN7OF shall the Lessee be entitled to damages, losses, costs or disbursements from the
Lessor during the term hereby created on, caused by or on account of fire (except as
above), water sprinkler systems, partial or temporary failure of stoppage of heat, light,
elevator, live steam or plumbing service In or to the said premises of building, whether
due to sots of God, strikes, accidents, the making of alterations, repairs, renewals,
Improvements, structural changes to the said premises or buildings or the equipment or
systems supplying the said services, or from any cause whatsoever; provided that the
said failure or stoppage be remedied within a reasonable time.
RIaHTTO THAT the Lessee will permit the Lessor to exhibit the demised premises during
SHOW the last three months of the term to any prospective tenant and will permit all persons
PREMISES having written authority therefor to view the said premises at all reasonable hours,
NOTICES THAT any notice which either of the parties Is required or permitted to give
pursuant to any provision of this lease may, If Intended for the Lessee, be given by a
writing mailed by registered mall addressed to the Lessee 21 Beech Avenue,
Bowmanviile and if Intended for the Lessor by a wriling left at the premises of the Lessor
at 26 Beach Avenue, Bowmanville.
Or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and
such notice shall be deemed to have been given at the time it was delivered or mailed,
as the case may be,
OVERHOLDwo PROVIDED further and it Is hereby agreed that should the Lessee hold over
after the expiration of this lease and the Lessors thereafter accept rent for the said
premises, the Lessee shall hold the said premises as a monthly tenant only of the
Lessors but subject In all other respects to the terms and conditions of this lease,
The words Importing the singular number only shall.include the plural, and vice
versa, and words Importing the masculine gender shall Include the feminine gender, and
words importing persons shall include fines and corporations and vice versa,
Unless the context otherwise required the word 'Lessor" and the word "Lessee"
wherever used herein shall be construed to In Include and shall mean the executors,
administrators, successors and/or assigns of the said Lessor and Lessee, respectively,
and when there are two or more Lessees bound by the same covenants herein
contained, their obligations shall be joint and several,
Attachment "A"
14 -13
This lease may be terminated by either party on one year's written notice to the other
IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED and DELIVERED (THE CORPORATION OF THE
(MUNICIPALITY OF CLARINGTON
(
(Mayor
(
(
(Cleric
(
(
(The Bowmanville Tennis Club
14 -14
Attachment "A"
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
1. The sidewalks, entrances, elevators, stairways and corridors of the building shall not be
obstructed by any tenants or used by them for any other purpose than for Ingress and
egress and no tenant shall place or allow to be placed In the hallways, corridors or
stairways any waste paper, dust, garbage, refuse or any thing whatever that shall tend to
make them appear unclean, untidy or filthy,
2. The floors, sky - lights and windows that reflect or admit light Into the passageways or Into
any place In the said building shall not be covered or obstructed by any of the tenants,
and no awnings shall be put over any window, the water closets and other water
apparatus shall not be used for any purpose other than those for which they were
constructed, and no sweepings, rubbish, rags, ashes or other substance shall be thrown
therein, and any damage resulting to them from misuse shall be borne by the tenant by
whom or by whose employee the damage was caused.
3. All window signs, Interior signs and signs on glass doors must be approved In writing by
the Lessor before the Lease engages a sign contractor to paint said signs, and all such
signs shall be painted in the form previously so approved by the Lessor.
4. if any sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee on
or to any part of the said building whatever, then the Lessor shall be at liberty to enter on
said premises and pull down and take away any such sign, advertisement or notice, and
the expense thereof shall be payable by the Lessee.
5. If by reason of any alterations which the Lessee may make or may permit to be made,
with or without the consent of the lessor, to any part of the demised premises or to any
fixtures in the demised promises, the addition of any equipment or the use of any material
which the Lessee, Its employees or other persons permitted by the Lessee to be on the
premises may use or keep in the said premises, or any change In the type of occupancy
of the demised premises which the Lessee may make or permit to be made, there is any
Increase in the Insurance premiums payable by the Lessor on any fire Insurance which
may be In effect or which the Lessor may hereafter place upon the building of which the
demised premises form a part, the Lessee agrees to pay to the Lessor the amount of
such Increase, and the parties agree that a statement by the Insurance broker of the
Lessor of the amount of such Increase shall be Mal and binding upon the parties.
8. No safes, machinery, equipment, heavy merchandise or anything liable to injure or
destroy any part of the building shall be taken Into it without the consent of the Lessor In
writing, and the Lessor shall in all cases retain the power to limit the weight, and Indicate
the place where such safe or the like is to stand, and the cost of repairing any and all
damage done to the building by taking In or putting out such safe or the like or during the
time it Is In or on the premises, shall be paid for on demand by the tenant who so causes
It. No tenant shall load any floor beyond Its reasonable weight carrying capacity as set
forth in the municipal or other codes applicable to the building,
7. In order that the demised premises may be kept In a good state of preservation and
cleanliness, the tenant shall during the continuance of Its lease permit the janitor or
caretaker of the Lessor to take charge of and clean the demised premises, In default of
the tenant doing so,
8. The Lessor shall have the right to enter the demised premises at reasonable hours In the
day to examine the same or to make such repairs and alterations as It shall deem
necessary for the safety and preservation of the premises, and also during the three
months previous to the expiration of the lease of the demised premises, to exhibit the said
premises to be let and put upon them Its usual notice 'For Reny, which said notice shall
not be removed by any tenanj,
9. Nothing shall be thrown by the tenants, their clerks or servants out of the windows or
doors or down the passages and sky4ights of the building,
10. No animals shall be kept in or about the premises.
11. If the Lessee desires telegraph or telephone, call bell or other private signal connections,
the Lessor reserves the right to direct the electricians or other workmen as to where and
how the wires are to be introduced, and without such directions no boring or cutting for
wires shall take place. No olherwires of any kind shall be Introduced without the written
consent of the Lessor.
12. No one shall use the leased premises for sleeping apartments or residential purposes,
13. Tenants and their employees shall not make or commit any Improper nolse in the
building, or in anyway Interfere with or annoy any tenants or those having business with
them.
Attachment "A"
14 -15
14. All tenants must observe strict care not to allow their windows to remain open as so as to
admit rain or snow, or so as to interfere with the heating of the building. The tenants
neglecting this rule Will be responsible for any Injury caused to the property of other
tenants or to the properly of the Lessor by such carelessness. The Lessee, when closing
offices for business, day or evening, shall close all windows and lock all doors,
15, The Lessee agrees not to place any additional locks upon any doors of the demised
premises and not to permit any duplicate keys to be made therefore; but to use only
additional keys obtained from the Lessor, at the expense of the Lessee, and to surrender
to Lessor on the termination of the lease all keys of the said premises,
16. The Lessee shall give to the Lessor prompt written notice of any accident or any defect in
the water pipes, gas pipes, heating apparatus, telephone or electric light, or other wires in
any part of the said building.
17. No Inflammable oils or other inflammable, dangerous or explosive materials shall be kept
or permitted to be kept in the demised premises.
16. The caretaker will have charge of all radiators and will give all Information for the
management of the same, and the Lessee shall give to the Lessor prompt written notice
of any accident to or defects in the water pipes or heating apparatus.
19. No bicycles or other vehicles shall be brought within the building.
20. Nothing shall be placed on the outside of windows or projections of the demised
premises, No air - conditioning equipment shall be placed at the windows of the demised
promises without the consent In writing of the Lessor.
21. Spikes, hooks, nalls, screws or knobs shall not be put into the walls or woodwork of the
building,
22. The Lessor shall not be liable for any damage to any property at any time on the demised
premises, nor for the theft of any of the said property, nor shall it be liable for an escape
or leakage of smoke, gas, water, rain or snow, howsoever caused, nor for any accident to
the property of the Lessee.
23. Any person entering upon the roof of the building does so at his own risk.
24. The Lessor reserves the right to restrict the use of the demised premises to the Lessee
and /or its employees after 11 p.m.
26. No tenant shall be permitted to do cooking or to operate cooking apparatus except In a
portion of the building rented for the purpose.
26. The Lessor shall have the right to make such other and further reasonable rules and
regulations and to alter, amend or cancel all rules and regulations as in Its judgment may
from time to time be needed for the safety, care and cleanliness of the building and for the
preservation of good order therein and the same shall be kept and observed by the
tenants, their clerks and servants. The Lessor may from time to time waive any of the
such rules and regulations as applied to particular tenants and it Is not liable to the
Lessee for breaches thereof by other tenants,
14 -16
Attachment "A"
Leading the Way
Meeting: COUNCIL
Date: MONDAY, DECEMBER 10, 2001
Attachment "B"
FINANCE DEPARTMENT
Resolution
Report #: ADDENDUM TO FND ^011 -01 . File #: By -law #:- /—r2/7
Subject: ESTABLISHMENT OF CLARINGfON BEECH CENTRE BOARD
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report FND- 011 -01 be received;
2. THAT Recommendation 7 of Report FND - 011 -01 be renumbered as Recommendation 8
and new Recommendation 7 be added as follows:
07. THAT notwithstanding the provisions of By -law No. 94 -129, Council approve an
Agreement between the Municipality and Clarington Older Adult Association
regarding the provision of certain management and custodial services
substantially in the form of the draft Agreement contained in Attachment 1 to the
Addendum to Report FND - 011 -01 and pass a By -Law to authorize the Mayor and
Clerk to execute the Agreement on behalf of the Municipality."
3. THAT copies of Addendum to Report FND - 01101 be sent to:
• Clarington Older Adult Association;
• The Lions Club of Bowmanville;
• The Bowmanville Tennis Club; and
• Durham Region. Community Care Association.
Submitted by:
ncy Taylor . , C.A.
Director of Finance
NMT1hjI
Reviewed
F Z��--t.�., b � -�-� �--- -.
Franklin Wu
Chief Administrative Officer
14 -17
REPORT NO.: FND- 011 -01
1.0 DISCUSSION
Attachment "5"
1.1 Section 5.3 of Report FND - 011 -01 refers to a contract for management services to be
provided by the Clarington Older Adult Association respecting the Clarington Beech
Centre. A draft contract is contained in Attachment No. 1 to this Addendum. It is
recommended that it be approved by Council and that the necessary authorizing By -Law
be passed.
Attachment:
Attachment #1- Draft Contract for Management Services
14 -18
REPORT NO.: FND- 011 -01
Interested parties to be advised of Council's decision;
Clarington Older Adult Association
26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
The Lions Club of Bowmanville
C/o 26 Beech Avenue
Bowmanville, Ontario
L1C 3A2
Durham Region Community Care Association
C/o 26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
The Bowmanville Tennis Club
C/o 26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
Attachment "B"
PAGE 3
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0608
14 -19-
Attachment T"
Attachment #1
Draft #1
Wednesday, December 05, 2001
THIS COORDINATION AND CUSTODIAL SERVICES AGREEMENT made as of
this 100' day of December 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON .
(hereinafter called the "Municipality ")
OF THE FIRST PART
'.m
CLARINGTON OLDER ADULT ASSOCIATION
(hereinafter called the "Association ")
WHEREAS:
OF THE SECOND PART
A. The Association has agreed to provide coordination services respecting the maintenance
and operation of the "Clarington Beech Centre" (as defined in the Memorandum of
Understanding between the Municipality and the Association also dated December 10, 2001
( "Memorandum of Understanding ") including the lands described in Schedule "A" of the
Memorandum of Understanding and to perform certain custodial and responsibilities. The
coordination of services and custodial responsibilities are described below in this Agreement.
.B. , The Municipality has agreed to pay the Association the sum of Twelve Thousand
($12,000.00) Dollars per annum for the term of this Agreement for the performance of the
services referred to in Recital "A ".
C. This Agreement is made in order to implement section 5.3 of Report FND- 011 -01 as
amended by Addendum to Report FND -011 -01, as approved by the Council of the Municipality
at its meeting on December 10. 2001,
14 -20
PA
D, The execution of this Agreement on behalf of the Municipality by the Mayor and
Municipal Clerk is authorized by By -law No. 2001 = passed by the Council of the
Municipality on December 10, 2001,
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2,00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) covenant and agree as follows:
1. For the term of this Agreement, the Association will provide to the Municipality and to
the " Clarington Beech Centre" (as defined in the Memorandum of Understanding)
services for the competent coordination reasonably required for the maintenance and
operation of the Clarington Beech Centre including the lands described in Schedule "A"
of the Memorandum of Understanding. Without limiting the generality of the foregoing,
the operation of the Clarington Beech Centre shall include the provision by the
Association of reasonably necessary custodial duties to keep it and any property of any
kind which is within it from time to time, secure,
2, Commencing on January 1, 2002 and thereafter on the anniversary of that date during the
term of this Agreement, the Municipality shall pay to the Association the sum of Twelve
Thousand ($12,000.00) Dollars per annum as a fee for the performance by the
Association of the services referred to in paragraph 1, provided that if the term of this
Agreement expires during a calendar year, the amount of the fee payable for the portion
of the calendar year which expires on the date of termination of the term shall be the
amount produced by dividing Twelve Thousand ($12,000.00) Dollars by the number of
days in that calendar year from and including January 1" of that year to and including the
date of the expiry of the term of this Agreement. The amount of any overpayment by the
Municipality to the Association shall be repaid to the Municipality as a debt, forthwith
after the Municipality gives the Association written notice requiring the Association to
repay the amount of the overpayment,
In performing the.coordination services referred to in paragraph 1, the Association will
make available a reasonable portion of the working time of its Executive Director, or in
the absence of the Executive Director, another person who is either employed by or
contracted to the Association and is competent and qualified to provide the required
coordination services at a reasonable level of performance. Additionally, the Association
will provide a suitable person who shall be either an employee or a member of the
Association to perform the custodial duties referred to in paragraph 1 of this Agreement.
In no event shall any person whose services are provided by the Association pursuant to
this Agreement be or be represented by the Association or by any person acting with the
authority of the Association, to be either a full -time or a part-time employee either of the
Municipality or of the Clarington Beech Centre Board.
4. The term of this Agreement shall expire on the earlier to occur. of the date of termination
of the Sub -lease and Licence dated October 1, 1998 of certain portions of the Clarington
Beech Centre to the Bowmanville Lions Club and the date of termination of the Sub -lease
Attachment "B"
14 -21
and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to
the Durham Region Community Care Association,
5. This Agreement shall be binding upon the Association, its successors, assigns and
members and the Municipality, its successors and assigns. However, while this
Agreement shall enure to the benefit of the Municipality, its successors and assigns, it
shall enure only to the benefit of the Association and not to the benefit of the
Association's successors and assigns.
6, Time shall be of the essence of this in all respects and in every part of it,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
CLARINGTON OLDER ADULT
ASSOCIATION
Per:
Name:
Title:
Per:
Name:
Title:
14722
Attachment "B"
UNFINISHED BUSINESS
The following item was tabled from the November 21, 2011 Council meeting:
Resolution #C- 499 -11
Moved by Councillor Neal, seconded by Councillor Trail
THAT Report COD - 035 -11 be received;
THAT By -law #2001 -216 be repealed;
THAT the By -law attached to Report COD - 035 -11, a By -law to establish a Municipal
Services Board to provide social and recreational opportunities to the Older Adults of
Clarington through the operation of the Clarington Beech-Centre, be amended in section
1. by adding the words "and legally described as Part 1 on Plan 40R- 14445" after the
words "(Town of Bowmanville) "; and
THAT the By -law, as amended, be approved.
(See following motion)
Resolution #C- 500 -11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C- 499 -11 be tabled to the General Purpose and
Administration Committee meeting scheduled to be held on November 28, 2011.
"CARRIED"
Unfinished Business
Date: November 14, 2011 Resolution#: .9 /P - &5�1 -1I By -law #:
Report#: COD- 035 -11 File #:
Subject:' CLARINGTON OLDER ADULT CENTRE BOARD GOVERNING BY -LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 035 -11 be received;
2. THAT By -law #2001 -216 be repealed; and
3. THAT the By -law attached to Report COD - 035 -11, a By -law to establish a
Municipal Services Board to provide social and recreational opportunities to the
Older Adults of Clarington through the operation of the Clarington Beech Centre,
be approved.
Submitted by: Reviewed by:
Marie Marano
Director of Corporate
Services
M M/J B /km
.J
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
18 -1
REPORT NO.: COD - 035 -11 PAGE 2
1. BACKGROUND
1.1 In 2001 the Clarington Older Adult Centre Hall Board was established and
Council approved a By -law to provide for the establishment, maintenance and
operations of the Clarington Beech Centre.
1.2 At the same time that the Board was established a Memorandum of
Understanding (MOU) between the Municipality of Clarington and the Hall Board
was established setting out the terms for operation and maintenance of the
Clarington Beech Centre.
1.3 The MOU expired on September 30, 2008, except for section 2(a), 2(b) and 3(a).
Clauses 2(a) and 2(b) dealt with the removal of fixtures, equipment and personal
property from the premises and rights duties respecting the Associations fixtures,
equipment and personal property. Clause 3(a) deals with the indemnification of
the Municipality by the Association against all liabilities, actions, claims and
proceedings etc. All 3 clauses survive the expiration of the Memorandum of
Understanding.
1.4 In 2005 the Clarington Older Adult Centre Hall Board was disbanded and a new
board was accepted as a Committee of Council. The MOU survived this
transition and remained in force until its expiry on September 30, 2008.
1.5 In July 2010 an updating report COD - 043 -10 (Attachment "A ") was presented
and Council directed that a new Memorandum of Understanding or By -law as
appropriate be prepared and submitted to Council. (Resolution GPA- 424 -10)
2. COMMENTS
2.1 Since passing of the above noted resolution, staff of Corporate Services,
Finance, Community Services, Operations, Clerks and the representatives of the
Clarington Older Adult Centre Board have been preparing a By -law to document
the operations and maintenance requirements of the Clarington Beech Centre.
2.2 A copy of the proposed by -law is appended as Attachment "B" for Council
consideration.
3. CONCURRENCE
3.1 This report has been reviewed by Angela Darlison, Executive Director, Clarington
Older Adult Centre as well as the following Directors who concur with the
recommendations.
Marie Marano, Director of Corporate Services
Nancy Taylor, Director of Finance/Treasurer
Fred Horvath, Director of Operations
Patti Barrie, Municipal Clerk
Joseph Caruana, Director of Community Services
PAGE 3
3.2 The proposed by -law has been reviewed by the Clarington Older Adult Centre
Board who concur with the by -law.
4. CONCLUSION
4.1 It is recommended that the By -law establishing the establishment of the
Clarington Older Adult Centre Board and the operation and maintenance of the
Clarington Beech Centre be approved.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Marie Marano, Director of Corporate Services
Attachments:
Attachment "A" - Report COD- 043 -10
Attachment "B" - Proposed By -law
List of interested parties to be advised of Council's decision:
Clarington Older Adult Centre Board
18 -3
ATTACHMENT "A"
Date: July 5, 2010 Resolution #: G� p �a dla By-la
Report#:
Subject: O= REPORT
UNDERSTANDING CLARINGTON OLDER ADULT ASSOCIATION — MEMORANDUM OF
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 043 -10 be received;
2. THAT Council authorize the use of the vacated space and use of the entire
building by the Clarington Older Adult Association; and
3. THAT staff report back. to Council with the finalized Memorandum of
Understanding or By -law as appropriate.
Submitted by:
arie Marano, H.B.SG.,
C.M.O., Director of
Corporate Services
'll ti i
18 -4
Reviewed by:
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNIGIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 906 -623 -3379
ATTACHMENT "A"
REPORT NO.: COD - 043 -10 PAGE 2
1.1 In 2001 at the time the Clarington Beech Centre Board was established, now
known as the Clarington Older Adult Centre Board (also referred to as COAA or
COAC), Council approved a by -law to provide for the establishment,
maintenance and operations of the Beech Centre as a Community Recreation
centre pursuant to the Community Recreation Centres Act.
1.2 At the same time as the Board was being established a Memorandum of
Understanding (MOU) was established addressing a number of principles as. set
out in Report #FND- 011 -01 attached as Schedule "A ".
1.3 The provisions of the Memorandum of Understanding ended on September 30,
2008 save and except clauses 2(a), 2(b) and 3(a). Clauses 2(a) and 2(b) deal
with the removal of fixtures, equipment and personal property from the premises
and the rights and duties respecting the Associations fixtures, equipment and
.personal property. Clause 3(a) deals with the indemnification of the Municipality
by the Association against all liabilities, actions claims and proceedings etc. All
three clauses survive the expiration of the lease and remain in force. A copy of
the Memorandum of Understanding is attached as Schedule "B ".
2.0 ANALYSIS
2.1 In view of the expiry of the MOU and in consideration of the roles and
responsibilities of the Clarington Older Adult Centre Board and that of the
Municipality in the operation and maintenance of the Beech Centre it is
appropriate that the arrangements be documented.
2.2 Introduction of a new MOU for COAA may be amended to a by -law format to be
consistent with the By -law governing the Board of Management for the Museum
and for the Boards' operation of the Museums on behalf of the Municipality.
18 -5
ATTACHMENT "A"
REPORT NO.: COD - 043 -10 PAGE 3
2.3 - The original MOU included the leases in place for the Lions Club Nursery
School and Community Care Durham. However, these leases have expired and
the tenants have moved out of the Beech Centre. In keeping with the original
MOU the COAA has been-advised of the space availability and .has indicated
their need for the vacated space now available on the first and second floor of
the building. The new MOU will address the remaining lease with the Tennis
Club and the usage of the vacated space.
2.4 The proposed document or Memorandum of Understanding will reference
policies and- procedures, set out liability, staffing etc. and will provide a
reference for new board members and staff as time passes.
2.5 Preparation of the document will be undertaken by a committee consisting of
representatives from Corporate Services, Operations, Community Services and
Finance Departments and the Clarington Older Adult Association (COAA).
3.0 FINANCIAL
3.1 There are no financial implications to the establishment of the MOU.except for
the staff time required to draft the document.
4.0 ' INPUT FROM OTHER SOURCES
4.1 The Directors of Finance, Corporate Services, Operations, the Community.
Services Liaison to the COACB, the Acting Chairman of the COACB, the
Executive Director of the Beech Centre and the Manager of Purchasing have
attended an initial meeting to discuss the need for the MOU and will participate
in the drafting of the MOU.
.
ATTACHMENT "A"
REPORT NO.: COD - 043 -10 PAGE 4
G �ZI
5.1 Staff will undertake the review of the operations and relationship between the
Municipality and the Clarington Older Adult Association and prepare a
Memorandum of Understanding to document the operation and maintenance
requirements of the Clarington Beech Centre, subject to ongoing review and
revision as required.
r
5.2 .. The MOU or by -law as appropriate be prepared and presented to Council for
review and approval.
5.3 This report has been reviewed by the Purchasing Manager and circulated as
follows:
Concurrence: Director of Corporate Services
Director of Finance
Director of Operations
Director of Community Services
Attachments:
Schedule "A ", Report FND- 011 -01
Schedule "B ", Memorandum of Understanding (2001)
18 -7
ATTACHMENT "A"
Schedule "A`
Date: MONDAY, DECEMBER 3, 2001 Resolution #Vl I "6 —a
Report #: FND- 011 -01 File #: Co? By -Lair #:
Subject: ESTABLISHMENT OF CLARINGTON BEECH CENTRE BOARD
Recommendations:
It is respectfully recommended that. the General Purpose and Administration Committee
recommend to Council the following:
THAT Report FND- 011 -01 be received;
2. THAT Council approve a By -Law to provide for the establishment, maintenance
and operations of the Beech Centre as a community recreation centre pursuant
to the Community Recreation Centres Act and that the appropriate By -Law be
passed (to be forwarded, directly to Council);
3. THAT Council appoint Donald Welsh, Viola Ashton, Maurice Richards, Janice
Williams and Jack. Ellbeck, as members of the committee of management of the
Beech Centre Community Recreation Centre;
4. THAT the Municipality continue to- be responsible for Capital Improvements
through the annual.Capital Budget process and maintenance of the building
envelope and the Clarington Beech Centre Hall Board be responsible for the
operation of the Centre pursuant to-the Memorandum. of Understanding;
5, THAT Council approve the acceptance by the Municipality of the surrender of
the lease between the Corporation of the Municipality of Clarington and the
Clarington Older Adult Association. (COAA) dated October 1, 1998, and pass the
appropriate By -Law (to be forwarded directly to Council);
6. THAT Council approve the execution of a Memorandum of Understanding
between the'Municipality of Clarington and Clarington Older Adult Association,
containing terms consistent with the principles set out in Section 8.0 of this
report, as well as such other terms, as are considered necessary by the Chief
Administrative Officer, to protect the Municipality's interests and that the
attached By -Law authorizing the Mayor and the Municipal Clerk to execute the
Mi
ATTACHMENT "A"
Schedule "A "-
REPORT NO.: FND -011 -01 PAGE 2
Memorandum on behalf of the Municipality, be,ppssed (to be forwarded directly
to Council); and
7. THAT a copy of this report be sent to:
® Clarington Older Adult Association;
® The Lions Club of Bowm. anville;
® The Bowmanville Tennis Club; and
® Durham Region Community Care Association..
Submitted by: Reviewed'by:� --��
Nancy o , 11. B.A., C.A. Franklin Wu
Director of nance Chief Administrative Officer
NT /DH /hjl
S •
BACKGROUND
1.0 Purchase of Beech Centre from the Lions Club of Bowmanville
ATTACHMENT "A"
Schedule "A"
1.1 The property on which.the Seech Centre is located was acquired by the Municipality
from the Lions Club of Bowmanville ( "Lions Club ") in early 1998. The title transferred to
the Municipality was encumbered, among other things, by a lease which the Lions Club
had made to the Bowmanville Tennis Club in 1988 ( "Tennis Courts Lease ")., This lease
was of the tennis courts and the area enclosed by the immediately surrounding fence.
The term of the Tennis Courts Lease expires on January 1, 2008, however, it may be,
terminated earlier, by either party.on one year's notice. Rent is payable yearly. The
amount of the rent on-January 1, 1992 was $1,000. The rent is to be adjusted annually
by reference to the Consumer Price Index (all items).
1.2 Subsequent to the completion of the purchase from the Lions Club, the Municipality
proceeded to renovate and add to the then existing building to make it suitable for use
as the Older Adult Centre, as provided for in the 1997 Capital Budget.
1.3 Asa result of insurance considerations from the Municipality's insurance provider at the
time, as well as considerations relating to Ministry of Municipal Affairs and Housing, the
Clarington Older Adult Association (COAA) was formally incorporated as a non - profit
company and undertook to operate the facility and programs, on behalf of the
Municipality. This was formalized through the establishment of a lease with COAA,
which included the parameters under which they would provide this service to the
residents of Clarington.
1.4 The solicitor has advised that it would be prudent at this time to clarify the position of the
Clarington Beech. Centre by establishing it as a Community Recreation Centre, under
the Community Recreation Centres Act. It would be maintained and operated by a
committee of management ( "hall board "), appointed by Council. This change would
require the surrender of-the lease by Clarington Older Adult Association. The
Association would obtain occupancy permits from the hall board, to allow the Association .
to occupy portions of the Beech Centre. This would resolve the assessment status
respecting the portion of the Beech Centre leased to the Association. Properties which
are owned and occupied by the Municipality or a local board of the Municipality are
exempt from assessment and municipal, regional and education taxation. The
community recreation centre board of management of the Beech Centre would be a
local board of the Municipality.
2.0 Bead Lease to Clarington Older Adult Association
2.1 A lease ( "Head Lease ") was made by the Municipality to the Clarington Older Adult
Association, effective-as of October 1, 1998. The premises that were leased included
interior areas of the building. and exterior areas of the property shown on plans attached
to the Lease. The leased premises excluded the structure of the building, exterior walls,
bearing walls, fenestration and doors, as well as mechanical systems, the heating and
ventilation system, and electrical and plumbing systems. The Head Lease is subject to
the outstanding Tennis Courts Lease to the Bowmanville Tennis Club.
18 -10
2.2 The Head Lease provides that:
ATTACHMENT "A"
Schedule "A"
VUMW
® the term of the lease is ten years commencing on October 1, 1998. The
tenant has the option to renew for a further five years on two occasions,
for a total of an additional ten years;
® the premises are to be used for the purposes of a social and activity
centre for older adults who are residents of the Municipality; however the
tenant can license any person to use the "social facilities" whether or not
the licensees are older adults, for a fee;
® the Municipality is not responsible for any of the tenant's costs, etc. in
respect of persons employed under employment contracts made by the
tenant;
® the "basic rent' is $2.00 for the term of the lease and renewals; however,
"additional rent" including municipal, regional and education taxes., if any,
and utilities are the tenant's responsibility and if not paid by the tenant,
are payable to the.Munieipality as rent so that non - payment of any of
them can result in the termination of the lease;
® the Municipality has the duty to repair the premises.while the tenant is
responsible for heating, keeping the premises in a clean condition, snow
removal, maintenance of the gardens and waste removal;
® the tenant must obtain and maintain contents and general liability
insurance at Its cost;
a sub - leases of the premises and an assignment of the lease require the
prior consent of the Municipality which may be unreasonably withheld;
® sub- leases and licenses of portions of the premises to the Durham
Region Community Care Association ( "Durham Community Care") and
the Lions Club to be made by the tenant are consented to by the
Municipality up -front in the lease;
'the Tennis Courts Lease is assigned to the Clarington Older Adult
Association, with the result that the rent to be paid under that lease is
paid to the Association for its use; and .
® the lease also contains extensive provisions respecting the financial
affairs of the tenant, and reports, including an auditor's report, which are
required to be made to the Municipality at'specified times.
3.0 Sub- Leasees at Beech Centre
3.1 Staff have met with a representative of Durham Community Care, the Lions Club and the
Bowmanville Tennis Club. They have been updated as to their potential assessment
status.for 2002. They have also been advised that if they are a registered eligible
charity, there is a rebate program established under Section 442.1(1) of the Municipal
Hum
REPORT NO.: FND•011 -01
ATTACHMENT "A"
Schedule "A
Act and Region of Durham By -Law #46 -2001. Registered charities in any of the
industrial or commercial property tax classes are eligible for a property tax rebate equal
to 40% of the property taxes paid. The groups have been provided with copies of the
application forms.
3.2 Sub -lease and License to Lions Club
The sub -lease and license by the Clarington Older Adult Association to the Lions Club,
which the Municipal consented to in the Head Lease; was made as of October 1, 1998.
The premises subleased to the Lions Club comprise of the Day Nursery Facilities and a
storage room on the second floor of the building. The license to the Lions Club includes
the non - exclusive use of the Billiard Room on specified days and certain other portions
of the building, for not more than twenty -four dinner meetings of the members of the
Lions Club plus twelve meetings of the directors of the Club and ten meetings of the
Executive Committee -of the Lioness members of the Club. This license includes the right
to use the kitchen facilities and equipment.
3.3 This sub -lease and license also provides for:
• * a term of five years from October 1, 1998;
• an option to renew for a further term of one year on the same terms and
conditions provided-that the sub - landlord has not first given notice to the
sub - tenant that the sub -lease and license will expire at the end of the 5
yearterm;
• rent of $20,000.00 for each of the first three years and $20,500.00 for
each of'the last two years of the term. The rent accrues to the benefit of
the Clarington Older Adult Association as sub - landlord;
• the Lions Club is to pay all municipal, regional and education taxes, as
well as telephone charges, which are "additional rent" as in the case of
the Head Lease;
• if either the premises or the sub - tenant are exempt from municipal taxes,
the sub - tenant is to pay the sub - landlord the amount that would have
been paid but for the exemption;
• the *sub- landlord is responsible for the repair of the premises and licensed
area, the cost of heating the premises and the cost of providing electricity
and water services; and
• the sub- tenant is responsible for the maintenance of the premises.
4,0 Sub -lease and License to Durham Region Community Care Association
4.1 The sub -lease and license by the Clarington Older Adult Association to Durham
Community Care was also made as of October 1, 1998. The premises subleased
comprise 1,386 square feet of office space on the first floor of the building. Also, Durham
18 -12
ATTACHMENT "A"
Schedule "A"
REPORT NO.: FND-01 1-01 PAGE.6
Community Care has the license fo use the Board Room and certain other areas and
facilities of the Beech Centre on a non - exclusive basis.
4.2 This sub -lease and license provides for,
a term of ten years with recognition that the. sub-land lord and /or sub - tenant may
negotiate a renewal for a further term;
the basic rent is $15,000.00 each year which includes expenses for heat,
electricity, water, taxes and snow removal, which are the responsibility of the
sub - landlord. Increases in charges for water and electricity are to be paid by the
sub - tenant;
the basic rent is to be adjusted annually by reference to the Consumer Price
Index for Metropolitan Toronto (all items); and
® the sub - tenant is responsible for telephone charges.
5.0 Recommended Revised Financial Arrangements
5.1 As a result of the surrender of the Clarington Older Adult Association Head Lease to the
Municipality, rent from the sub - leases and licenses and the Tennis Court lease will no
longer accrue to the benefit of the Clarington Older Adult Association. This would
necessitate certain changes to the financial arrangements between the Municipality and
the Association.
5.2 In order to ensure all parties are in the same financial position, some revised financial
arrangements are proposed.
5.3 The funds from the long -term sub - leases and licenses referred to in'Section 4.0 which
will be payable to the Municipality. They will be used to offset a contract for
management services (approximately $12,000) and to cover the utilities of the Beech
Centre. The funds from the fees for occupancy permits will coverall the expenses for
maintenance and repairs and telephone costs, accrued to the Clarington Beech Centre
Board. All other revenues payable to the Clarington Older Adult Association. will pay the
balance of the wages and all other expenses incurred at the Beech Centre, that are
primarily of a programming and fundraising nature.
The above revised financial arrangements would continue while the sub - leases and
licenses remain in place. No commitment is being made by the Municipality in the event
that a sub -lease and license terminates. In those circumstances the hall board would
have to address the shortfall in funding either through their own means or via a request
to the Council at that time.
5.4 Furniture and Fixtures
Any assets purchased at the time of construction, as part of the construction costs
should be transferred to the Clarington Beech. Centre hall board. Any assets purchased
b.y the Clarington Older Adult Association since their inception would remain reflected on
the Association's financial statements.
18 °13
ATTACHMENT "A"
Schedule "A"
6.0 Insurance Issues
6.1 The Municipality participates in the Durham Municipal Insurance Pool. Under the current
policy, the Clarington Beech Centre Board is automatically covered under the
Municipality's Master policy as a board of the Municipality. As the Clarington Older Adult
Association will continue to do fundraising and programming functions, the question was
raised as to whether the Municipality's insurance coverage could be extended to
incorporate the entire Clarington.Older.Adult Association. This will require discussion
and approval of the Board of Durham Municipal Insurance Pool. The next Pool meeting
is several weeks away. Staff will continue to investigate this option and notify the
Clarington Older Adult Association subsequent to the next meeting of the Durham
Municipal Insurance Pool.
7.0 Recommended Revised Legal Arrangements
7.1 The recommended revisions to the legal arrangements are the.following:
® the Head Lease by the Municipality to the Clarington Older Adult Association
will be surrendered with the result that the sub - leases and licenses, referred
to in Section 4.0, will become, in effect, direct leases from the Municipality to
the Lions Club and Durham Community Care, respectively;
• the obligations and rights of the Clarington Older Adult Association under the
sub - leases and licenses including the right to receive rent, will become the
obligations and rights of the Municipality;
• Clarington Older Adult Association will assign the lease to the Bowmanville
Tennis Club to the Municipality together with the right to the rent payable by
the tenant under it;
® the present Council will state its intention to appoint and for its successors to
appoint 5 members to the hall board who are nominated. by the board of
directors of the Association who are members of the board of directors and 2
members of Council;
a the Clarington Older Adult Association will continue to pursue its present
purposes which include seeking grants and operating raffles for its charitable
purposes. It will continue to employ an executive director and others,
provided that they. are not employees of the Municipality; and
o a Memorandum of Understanding will be executed by the Municipality and
Clarington Older Adult Association dealing with the appointment of members
of a hall board which is to be established by the Municipality for the Beech
Centre, under the Community Recreation Centre Act, and for the revised
financial arrangements between the Municipality and the Association,
referred to in Section 5.0.' The intent is to keep the Association financially
whole.
18 -14
,.;-,
REPORT = r..
8.0. Principles for Memorandum of Understanding
ATTACHMENT "A"
Schedule "A"
The principles that are to be addressed in a Memorandum of Understanding between
the Municipality and Clarington Older Adult Association are the following:
® the surrender of the lease by the Association to the Municipality, no later than
December 31, 2001;
® indemnification by the Association of the Municipality respecting performance of.
the Association's obligations under the sub - leases. and licenses and licenses to
the Lions Club and Durham Community Care, respectively;
® if possible, insurance coverage to be provided to the Association under the
Municipality's policies of property and general liability insurance, as discussed in
Section 6.0;
® . Council will create a community recreation center for the Beech Centre to be
managed and operated by a hail board under the Community Recreation
Centres Act, of 7 members, of whom 2 are members of Council;
® the present Council will state its intention that without fettering a successor
Council, so long as the Association continues to provide older adult programming
in the Beech Centre acceptable to Council, the non - Councillor members of the
hall board will be appointed by Council from the then members of the board-of
directors of the Association, after consultation with the board of directors of the
Association;
® the hall board will have supervisory responsibility of the maintenance and
operation of the Beech Centre in a manner that is consistent with the rights and
responsibilities of the sub - tenants under the sub - leases and licenses to the Lions
Club and Durham Community Care, respectively, and to the Bowmanville Tennis
Club under the Tennis Court Lease, all as consistent with the Community
Recreation Centres Act. Appropriate provisions satisfactory to the Director of
Finance/Treasurer respecting financial management, audits and reports will be
included in the By -Law establishing the Beech Centre as a community recreation
center;
the By -Law is also intended to contain provisions that will allow the hall board to
permit the Association to occupy the portion of the Beech Centre now leased to
it for purposes under temporary occupancy permits on terms that are as close as
is legally possible, in the opinion of the Municipality's solicitor, to the intent of the
relevant provisions of the Head Lease of the Beech Centre to the Clarington
Older Adult Association;
® if the sub - leases and licenses of space to the Lion's Club and /or Durham
Community Care are terminated, the Municipality will consult with the Association
before deciding whether or not the use of that space should be made available to
the Association by the issuance of'occupancy permits;
18 -15
._- .=
ATTACHMENT "A°
Schedule "A"
PAGE 9
® the Municipality will consult with the Association before deciding to refrain from
terminating the Lion's Club sub -lease and license and before deciding to
negotiate a renewal of the term of the sub -lease to Durham Community Care;
and
• revised financial arrangements consistent with Section 5.0.
9.0 The Clarington Older Adult Association concurs with the contents of this report.
18 -16
ATTACHMENT "A"
Schedule "A"
REPORT NO.: FND- 011 -01 PAGE 10
Interested party to be advised of Council's decision:
Clarington Older Adult Association
26 Beech Avenue
Bowmanville, Ontario
L1C 3A2
The Lions Club of Bowmanville
C/o The Beech Centre
26 beech Avenue
Bowmanville, Ontario
L1 C 3A2
Durham Region Community Care Association
C/o The Beech Centre
26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
The Bowmanville Tennis Club
C/o The Beech Centre
26 Beech Avenue
Bowmanville, Ontario
L1C 3A2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0608
18 -17
Leading Phe Way
Meeting: COUNCIL
Date:' MONDAY, DECEMBER 10, 2001
ATTACHMENT "A"
Schedule "A"
■ -
FINANCE DEPARTMENT
Res olutilon
Report ADDENDUM TO FND- 011 -01 File #:
Subject: ESTABLISHMENT OF CLARINGfON BEECH CENTRE BOARD
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report FND - 011 -01 be received;
2. THAT Recommendation 7 of Report FND- 011701 be renumbered as Recommendation 8
and new Recommendation 7 be added as follows:
"7. THAT notwithstanding the provisions of By -law No: 94 -129, Council approve an
Agreement between.the Municipality and Clarington Older Adult Association
regarding the provision of certain management and custodial services
substantially in the form of the draft Agreement contained in Attachment 1 to the
Addendum to Report FND - 011 -01 and pass a By -Law to authorize the Mayor and
Clerk to execute the Agreement on behalf of the Municipality."
3. THAT copies of Addendum to Report FND - 011 -01 be sent to:
• Clarington Older Adult Association;
• The Lions Club of Bowmanville;
• The Bowmanville Tennis Club; and
• Durham Region. Community Care Association.
/�
Submitted by: / //W Reviewed b ��-
ncy Taylor , C.A. Franklin Wu
Director of Finance Chief Administrative Officer
N MT /hj
Iffl
REPORT O t 1
ATTACHMENT "A"
1.0 DISCUSSION
1.1 Section 5.3 of Report FND- 011 -01 refers to a contract for management services to be
provided by the Clarington Older Adult Association respecting the Clarington Beech
Centre. A draft contract is contained in Attachment No. 1 to this Addendum. It is
recommended that it be approved by Council and that the necessary authorizing By-Law
be passed.
Attachment:
Attachment #1- Draft Contract for Management Services
18 -19
ATTACHMENT "A"
Schedule "A"
REPORT NO.: FND- 011.01 PAGE 3
Interested parties to be advised of Council's decision:
Clarington Older Adult Association
26 Beech Avenue
Bowmanville, Ontario
L1C 3A2
The Lions Club of Bowmanville
C/o 26 Beech Avenue
Bowmanville, Ontario
L1C 3A2
Durham Region Community Care Association
C/o 26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
The Bowmanville Tennis Club
C/o 26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
CORPORATION OF THE MUNICIPALITY OF CL:ARINGTON
40 TEMPERANCE STREET, BOWMANVILLE; ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0606
18 -20
ATTACHMENT "A"
Attachment #1
Draft #1
Wednesday, December 05, 2001
THIS C06RDINATION AND CUSTODIAL SERVICES AGREEMENT.made as of
this 10t' day of December 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
(hereinafter called the. "Municipality ")
OF THE FIRST PART
- and -
CLARINGTON OLDER ADULT ASSOCIATION
(hereinafter called the "Association ")
WHEREAS:
OF THE SECOND PART
A. The Association has agreed to provide coordination services respecting the maintenance
and operation of the "Clarington Beech Centre" (as defined in the Memorandum of
Understanding between the Municipality and the Association also dated December 10, 2001
( "Memorandum of Understanding ") including the lands described in Schedule "A" of the
Memorandum of Understanding and'to perform certain custodial and responsibilities. The
coordination of services and custodial responsibilities are described below in this Agreement.
B. The Municipality has agreed to pay the Association the sum of Twelve Thousand
($12,000.00) Dollars per annum for the term of this Agreement for the performance of the
services referred to in Recital "A ".
C: This Agreement is made in order to implement section 5.3 of Report FND- 011 -01 as
amended by Addendum to Report FND - 011 -01, as approved by the Council of the Municipality
at its meeting on December 10. 2001.
18 -21
ATTACHMENT "A"
2
D. The execution of this Agreement on behalf of the Municipality by the Mayor and
Municipal Clerk is authorized by By -14w No. 2001 � passed by the Council of the
Municipality on December 10, 2001. 1
. NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) covenant and agree as follows:
For the term of this Agreement, the Association will provide to the Municipality and to
the " Clarington Beech Centre" (as defined in the Memorandum of Understanding)
services for the competent coordination reasonably required for the maintenance and
operation of the Clarington Beech Centre including the lands described in Schedule "A"
of the Memorandum of Understanding. Without limiting the generality of the foregoing,
the operation of the Clarington Beech Centre shall include the provision by the
Association of reasonably necessary custodial duties to keep it and any property of any
kind which is within it from time to time, secure.
2. Commencing on January 1, 2002 and thereafter on the anniversary of that date during the
term of this Agreement, the Municipality shall pay to the Association the sum of Twelve
Thousand ($12,000.00) Dollars per annum as a fee for the performance by the
Association of the services. referred to in paragraph 1, provided that if the term of this
Agreement expires during a calendar year, the amount of the fee payable for the portion
of the calendar year which expires on the date of termination of the term shall be the
amount produced by dividing Twelve Thousand ($12,000.00) Dollars by the number of
days in that calendar year from and including January 1St of that year to and including the
date of the expiry of the term of this Agreement. The amount of any overpayment by the
Municipality to the Association shall be repaid.to the Municipality as a debt, forthwith
after the Municipality gives the Association written notice requiring the Association to
repay. the amount of the overpayment.
3. In performing the coordination services referred to in paragraph 1, the Association will
make available a reasonable portion of the working time of its Executive Director, or in
the absence of the Executive Director, another person who is either employed by or
contracted to the Association and is competent and qualified to provide the required
coordination services at a reasonable level of performance. Additionally, the Association
will provide a suitable person who shall be either an employee or a member of the
Association to perform the custodial duties referred to in paragraph 1 of this Agreement.
In no event shall any person whose services are provided by the Association'pursuant to
this Agreement be or be represented by the Association or by any person acting with the
authority of the Association, to be either a full -time or a part-time employee either of the
Municipality or of the Clarington Beech Centre Board.
4. The term of this Agreement shall expire on the earlier to occur of the date of termination
of the Sub -lease and Licence dated October 1, 1998 of certain portions of the Clarington
Beech Centre to the Bowmanville Lions Club and the date of termination of the Sub -lease
18 -22
ATTACHMENT "A"
Sdiedule "A"
3
and Licence dated October 1, 1998 of certain portions of the Clarington.Beech Centre to
the Durham Region Community Care Association,
5. This Agreement shall be binding upon the Association, its successors, assigns and
members and the Municipality, its successors and assigns. However, while this .
Agreement shall enure to the benefit of the Municipality, its successors and assigns, it
shall enure only to the benefit of the Association and not to the benefit of the
Association's successors and assigns.
6. Time shall be of the essence of this in all respects and in every part of it.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
CLARINGTON OLDER ADULT
ASSOCIATION
Per:
Name:
Title:
Per:
Name:
Title:
18 -23
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON.
BY -LAW NUMBER 2001- 216
Being, a By -law to authorize the execution of a
Memorandum of Understanding between the
Municipality of Clarington and the Clarington Older
Adult Association respecting the Clarington Beech
Centre
WHEREAS at its meeting on December 10, 2001, the Council of the Municipality of Clarington
approved the recommendations contained in Report FND -011 -01 as amended by Addendum to
Report FND- 011 -01,
THEREFORE the Council'of the Corporation of the Municipality of Clarington hereby enacts
as follows:
1. The Mayor and Municipal Clerk are hereby authorized to execute on behalf of the
Municipality of Clarington the Memorandum of Understanding between the Municipality
and the Clarington Older Adult Association referred to in Report FND -011 -01.
By -law read a first and second.time this 10a' of December, 2001.
BY -law read a third time and finally passed this IO h day of December, 2001.
18 -24
ATTACHMENT "A"
Schedule "B"
2001.
ATTACHMENT "A"
Schedule "B"
THIS MEMORANDUM OF UNDERSTANDING made as of this 20'' day of December
'. _
CLARINGTON OLDER ADULT ASSOCIATION
(hereinafter called the "Association ")
and
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
(hereinafter called the "Municipality ")
WHEREAS:
A. The Municipality acquired title in fee simple to the lands and premises more particularly
described as Part 1 on Reference Plan 40R -14445 from The Lions Club of Bowmanville ( "Lions
Club ") bytransfer registered as Instrument No. D508035 in the Land Registry Office for the
Land Titles Division of Durham (No. 40), subject to the previsions of a lease dated January 1,
1988 made by the Lions Club to The Bowmanville Tennis Club respecting certain tennis courts
and associated lands ( "Tennis Courts Lease ");
B. The Municipality then proceeded to add to and renovate the existing building which was
part of the premises referred to in Recital A, to make it suitable for use as an Older Adult Centre
in Bowmanville;
C. By lease made as of October 1, 1998 ( "Lease "), the Municipality leased the lands
comprising Part 1 on Reference Plan 40R -14445 to the Association together with premises which
comprise portions of the Building ( "Premises "). to the Association.. The Premises are identified
on the drawings contained in Schedule "A" attached to and forming part of this Memorandum of
Understanding. The Premises are outlined on the floor plans contained in Schedule "A" in
purple. The lands which are leased to the Association are outlined in green on the site plan also
contained in Schedule "A" hereto. The Premises do not include the structure of the Building,. the
exterior walls, bearing walls, 'fenestration and doors of the Building from their interior face,
mechanical systems, the "HVAC System' (as hereafter defined), the electrical systems, and the
plumbing system-within or serving the Building. The lands and Premises are hereafter referred
to as the "Clarington Beech Centre ".
18 -25
ATTACHMENT "A"
Schedule "B"
IN
D. . The Lease, among other things, provides fora term of ten (10) years with options to
renew subject to certain terms and conditions, a "basic rent" (as defined in the lease), of two
($2.00) dollars, and "additional rent" (as described in the lease) also payable by the Association
to the Municipality ( "Lease ");
E. The Lease prohibits the assignment of it or the sublease of the. lands and premises
described in it by the Association without the consent of the Municipality. It also contains the
consent of the Municipality to sub - leases and licenses of portions of the Clarington Beech Centre
to Durham Region Community Care Association ( "Durham Community Care ") and the Lions.
Club, respectively, by the Association;
F. By sub - leases and licenses made as of October 1, 1998, the Association sub - leased and
licensed portions of the Clarington Beech Centre to Durham Community Care and the Lions
Club, respectively, pursuant to'the consents of the Municipality set out in the Lease;
G. In the Lease, the Municipality also assigned to the Association the Tennis Courts Lease;
H. The Association and the Municipality have agreed that the Association will surrender the
Lease and will assign and release its interest in the Bowmanville Tennis Court Lease to the
Municipality for a nominal consideration with the intent that relationships of landlord and tenant
will be established between the Municipality, the Bowmanville Tennis Club, Durham
Community Care, and the Lions Club;'
I. , At its meeting on December 10, 2001, the Municipality's Council approved the
recommendations contained in Report FND- 011 -01 as amended by the Addendum to Report
FND- 011 -01;
J. The execution of this Memorandum of Understanding on behalf of the Municipality is
authorized by By -Law No. 2001 -216 passed by the Municipality's Council at its meeting on
December 10, 2001.
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) covenant and agree as follows:
Surrender of Lease
1. The Association will execute all documents considered necessary by the Municipality's
Solicitor for a nominal consideration to. effect :gnbr before December 31, 2001 the
surrender of its leasehold interest in the lands and premises more particularly described in
the Lease between the Municipality and the Association made as of October 1, 1998 of
the lands referred to in.Recital A and the Clarington Beech Centre as well as the
assignment and release to the Municipality of its interest in the Tennis Courts Lease.
18 -26
ATTACHMENT "A"
Schedule "B"
3
Right of Removal of Certain Fixtures
2. (a) Notwithstanding the surrender to the Municipality of the Lease, the right of the
Association to remove fixtures, equipment and personal property purchased on the
account of the Association, from the land and premises leased to it by the Lease, shall
continue until the Association ceases to make use of any portion of the Clarington Beech
Centre pursuant to a valid occupancy permit issued by the "Clarington Beech Centre
Board" (as defined in By -Law No. 2001 -215) which the Council of the Municipality
intends to appoint pursuant to the Community Recreation Centres Act. If the Association
removes its fixtures, equipment and personal property as aforesaid, it shall, at its cost, .
restore the portion of the Clarington Beech Centre in or to which-it or they are housed or
affixed, or from which it or they are removed. If the Association does not remove its
fixtures, equipment and personal property from the land and premises leased to the
Association by the Lease, they shall become the�absolute property of the Municipality
without prior notice being given to the Association or compensation for it or them being
paid by the Municipality to the Association and the Municipality shall be free to use or
dispose of the same and to appropriate the proceeds of disposal to the Municipality's own
use absolutely.
2. (b) * Notwithstanding paragraph 4.1 of the Lease, the Municipality and the Association
agree that their respective rights and duties respecting the Association's fixtures,
equipment and personal property shall be determined exclusively under paragraph 2.(a)
of this Memorandum of Understanding and not under paragraph 4.1 of the Lease on and
after the effective date of the surrender of Lease, and that on and after such date the rights
and duties of the parties under paragraph 4.1 of the Lease shall be deemed to have
terminated.
IndemnLty
(a) Notwithstanding the surrender of the Lease by the Association to the
Municipality, the Association will indemnify and save harmless the Municipality, and the
"Landlord's Employees ". (as defined in the Lease) from and against all liabilities, actions,
proceedings, damages, claim, losses and. expenses that the Municipality may incur or
suffer in the same manner and to the same extent as is set out in paragraph 6.5 of the
Lease provided that the Association's actions or omissions which cause or give rise to the
duty to indemnify and save harmless the Municipality shall have occurred prior to the
effective date. of the surrender of the Lease to the Municipality.
(b). In addition, the Association will indemnify and save harmless the Municipality
from and against all liabilities, actions, proceedings, damages, claims, losses and
expenses arising out of or caused by the breach by the Association of any of its duties as
".Landlord" under either or both of the sub - leases and licenses to. Durham Community
Care and the Lions Club, respectively. The Association's acts or omission which cause or
give rise to such breach shall have occurred prior to the effective date of the surrender of
the Lease to the Municipality by the Association.
18 -27
ATTACHMENT "A"
Schedule "B"
4
Statements of Intentions
4. The Council of the Municipality hereby states its present intention without in any way
fettering either it or a successor Council in the exercise of its legislative powers, that:.
(i) It will pass a By -Law to establish a community recreation centre for and appoint a
committee of management ( "Clarington Beech Centre Board") to manage and operate the
land referred to in RecitarA and the Clarington Beech Centre, subject to the sub- leases
and licenses of portions thereof to Durham Community Care and the Lions Club,.
respectively, and the Tennis Courts Lease;
(ii) The By -Laws will provide that the Clarington Beech Centre Board will consist of
seven (7) members of whom five (5) shall be. appointed by Council from the members of
the board of directors of the. Association, after Council first consults the board of
directors, and two (2) shall be members of Council;
(iii) The By -Law will authorize the Clarington-Beech Centre Board to permit the _
Association to occupy the portion of the building known as Clarington Beech Centre
under occupancy permits that are consistent with the intent of the Lease, for a nominal
charge, provided that the terms of occupancy permits previously issued to the Association
have been complied with by the Association;
(iv) The By -Law will provide for the delegation by the Municipality to the Clarington
Beech Centre Board of responsibility on behalf of the Municipality'for the maintenance
and operation of the lands referred to in Recital A and the Clarington Beech Centre in a
manner that is consistent with the provisions of the Community Recreation Centres Act
and the rights and responsibilities of the parties to the sub - leases and licenses to Durham
Community Care and the Lions Club, respectively, as well as the parties to the
Bowmanville � Tennis Court Lease;
(v) If the sub - leases and licenses to the Durham Community Care and/or the Lions
Club are terminated, the Municipality will consult with the board of directors of the
Association before deciding whether the use of the portions of the Clarington Beech
Centre now in their possession should be made available to the Association by the
issuance of occupancy permits to it by the Clarington Beech Centre Board pursuant to
paragraph 4(iii);
(vi) The Municipality will consult with the board of directors of the As
before deciding to refrain from terminating the sub -lease and license to the Lions Club
pursuant to the right to do so which is contained in the sub -lease and license;
(vii) . The Municipality will consult with the board of directors of the Association
before deciding to negotiate a renewal of the sub -lease and license to Durham
Community Care; and
ATTACHMENT "A"
Schedule "B"
(viii) While the provisions of the subleases and licenses to Durham Community Care
and the Lions Club continue in effect, the rent payable under them will be paid to the
Municipality. These funds will be used to offset monies payable by the Municipality to
the Association pursuant to an intended contract for the provision by the Association to
the Clarington Beech Centre Board of management services to be described in'the
contract for the term of such contract.
Effective Period
5. The provisions of the Memorandum of Understanding, except paragraph 2(a), 2(b) and
3(a) shall terminate and have no further effect on September 30, 2008.
No Partnership, etc. .
6. This Memorandum of Understanding is not intended nor shall it have the, effect of
establishing a partnership or joint venture of any kind between the parties to it or between
the Clarington Beech Centre Board and the Association.
PST and GST
7. The Association shall be responsible for the payment of Sales Taxes and.Goods and
Services Tax where applicable, in respect of goods and services sold by the Association.
Debts -
8. The Association acknowledges and agrees that the Municipality shall not be responsible
for any debts incurred by the Association or by any person for whose conduct the
Association is responsible in-law. * The Association shall not represent or suffer or permit
anyone to represent to any person that the Municipality will be responsible for payment
of any debt incurred or to be incurred by the Association.
Parties to Act in Good Faith
9. The Parties shall act in good faith in exercising their respective rights and in performing:
their respective duties under this Memorandum of Understanding.
Director of Operations
10. The Municipality's Director of Operations, on behalf of the Municipality and the
Clarington Beech Centre Board, shall be responsible for reviewing the Association's
compliance or non - compliance with the provisions of this Memorandum of
Understanding and any occupancy permits issued by the Association.
18 -29
0
Municipality's or Association's Issues
ATTACHMENT "A"
Schedule "B"
11. The Association may appear as a disputant at meetings of-the Municipality's Council or
its Gene-rat Purpose and Administration Committee; provided that the Municipality's
Rules of Procedures in that regard are complied with. The Municipality and the
Association shall act cooperatively and in good faith to resolve expeditiously issues that
the Municipality, the Municipality's Director of Operations or the Association may raise.
At all times the Clarington Beech Centre Board, the Municipality's Director 'of
Operations and the Association shall receive complaints or suggestions respecting the
Clarington Beech Centre or the lands referred to in Schedule "A" and their operation and
use courteously and seek to address them efficiently.
Rules Regarding Use of Premises
12: The Clarington Beech Centre Board from time to time may give the Association written
notice of rules regarding the use of the lands referred to in Schedule "A" and the
Clarington Beech Centre, which shall be deemed to be part of this Memorandum of
.'Understanding as if contained in it. The Association agrees to comply with such rules.
Smoke Free
13. The Association shall not permit or suffer any person to smoke a tobacco product
anywhere in the Clarington Beech Centre. ..
Enurement, etc.
14. This Memorandum of Understanding shall be binding upon the Association, its
successors, assigns and members and the Municipality, its successors and assigns.
However, while this Memorandum of Understanding shall enure to the benefit of the
Municipality, its successors and assigns, it shall enure only to the benefit of the
Association and not to the Association's successors and assigns..
Time of Essence
15. Time shall be of the essence of this Memorandum of Understanding in all respects and in
every part of it.
Severability
16: If any provision of this Memorandum of Understanding or part thereof is to any extent
held or declared invalid, unenforceable or illegal, the remainder continues to be
applicable to and enforceable by the parties.
18 -30
7
Authoriiy to Make Agreement
ATTACHMENT "A"
Schedule "B"
17. The parties acknowledge and agree that the Municipality has authority to enter into this
Memorandum of Understanding, that every provision is authorized by the law and is fully
enforceable by the parties, and that this Memorandum of Understanding is made by the
Municipality in reliance on the acknowledgement and agreement of the parties as
aforesaid.
Counter�ari
18. This Memorandum of Understanding may be executed in counterpart by each of the.
parties hereto.
IN FITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
THE CO"O ATION OF THE ..
John
L. r$, foiicipal Clerk
1.8 -31
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ATTACHMENT "A"
Schedule "B-
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ATTACHMENT "A"
Schedule "B"
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ATTACHMENT "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By -Law 2011 -XX APPENDIX "B"
Being a bylaw to establish a Municipal Services Board to
provide social and recreational opportunities to the Older
Adults of Clarington through the operation of the Clarington
Older Adult Centre and to repeal By -law 2001 -216.
WHEREAS Section 196 of the Municipal Act, 2001 authorizes the Council of a
Municipality to establish Municipal Services. Boards;
AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality
may give a Municipal Services Board the control and Management of such services and
activities of the municipality as the municipality considers appropriate and shall do so by
delegating the powers and duties of the municipality to the Board.
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
HEREBY ENACTS as follows:
1. Location:
THAT the building and grounds at 26 Beech Avenue, in the Municipality of
Clarington (Town of Bowmanville) will be known as the Clarington Beech Centre;
2. Board of Management:
The name of the organization shall be " CLARINGTON OLDER ADULT CENTRE
BOARD" (COAC Board) previously known as `The Clarington Older Adult
Association' (COAA). This latter name may continue to be used as a general
descriptor for and by the membership.
a) Composition
THAT the CLARINGTON OLDER ADULT CENTRE BOARD shall be established to
manage the Clarington Beech Centre and related satellite programs:
The affairs of the organization shall be governed by a board of up to 11 directors,
one of whom shall be the immediate Past President. If there is no past President
or if the immediate past President ceases to be a member of the COAC Board or
chooses not to be a director, the board shall consist of up to ten directors. Two
of the directors will be Council members appointed by the Municipality of
Clarington.
1 of 8
18 -35
ATTACHMENT "B"
The Community Services Department shall assign a representative of who will
act as a staff liaison'to the Clarington Older Adult Centre Board. As the
Municipal staff liaison this individual will attend Board meetings as a resource
and a non - voting participant.
The Clarington Older Adult Centre Board Executive Director is an employee of
the Board that is expected to attend Board meetings as a non - voting participant.
The Board is accountable to Council for all aspects of operating, capital and legal
operations. The Board will at all times act in accordance with any and all
legislation affecting the Board, its employees, its operations and all its actions.
b) Election Process & Termination
Each director shall be a member; support the objectives of the COAC Board; not
be an un- discharged bankrupt or a mentally incompetent person; and meet the
criteria set out in Section 6.02, .6.04 and 9.01 of the Clarington Older Adult
Centre Board By -law No. 1.
If a person ceases to be qualified by the COAC By -law. criteria set out in 6.02 (a),
6.04 and 9.01 therein, that person ceases to be a director. The members of the
COAC Board may, by resolution passed by at least two thirds of the votes cast at
a general meeting of which notice specifying the intention to pass such resolution
has been given, remove any director before the expiration of his /her term of
office and may, by majority of the votes cast at such a meeting, elect any
member in his or her stead.
Any individual interested in being nominated to the board as a director to the
Clarington Older Adult Centre Board should have been a member of the COAA
for a minimum period of one (1) year preceding the nomination process.
All members of the Board except the two municipal representatives shall be
elected by the membership at the annual general meeting of members, each for
a period of a two -year term for a maximum of six (6) years. The two -year terms
shall be staggered so that half of the board shall stand for election annually.
Vacancies shall be filled by resolution of the Board as required. In the event a
director does not complete the two -year term, a new director may be appointed
for the remainder of the unfinished term. This new director shall then be deemed
to complete the remainder of the available term.
Written nominations accompanied by a resume moved and seconded by three
members, shall be received submitted, in a sealed envelope, to the chair of the
nominating committee at least one month (30 days) prior to the annual meeting.
2 of 8
ATTACHMENT "B"
The nominating committee will open the nominations after closing date to receive
nominations. All nominees meeting qualifying criteria shall be on the ballot for the
annual meeting. No nominations will be accepted from the floor at the general
meeting.
Members must be in attendance at the annual general meeting to cast a ballot.
No proxy votes will be accepted.
c) Vacancy
Any changes to the Board composition /membership will be forwarded to Council
for ratification of the new member appointment in accordance with the Municipal
Act as soon as reasonably possible.
d) Remuneration
The directors shall serve-as such without remuneration, excluding Clarington
Older Adult Centre Board expenses. A director may be paid for pre- approved
instructor fees relating to course instruction costs that he or she may teach to
members of the COAC Board.
e) Quorum
The majority of the members of the Board constitute a quorum.
3. Conflict of Interest
A director shall declare a conflict of interest if he /she or any member of his /her family
has a pecuniary or personal interest in a matter before the board. The director shall
disclose the reason for the conflict and at the discretion of the board will absent
him /her from voting and /or the meeting. The conflict of interest and any subsequent
action by the board will be recorded in the minutes of the meeting.
The Board shall be governed by the Municipal Conflict of Interest Act.
No employee or member of Council shall have any contract, other than employment,
with the Board or be pecuniary interested directly or indirectly in any contract work
relating to the operations or functions of the Board.
4. Purchasing and Contracts
a) Procurement
In. accordance with the Municipal Act Section 270 (2) the Board shall by
resolution, adopt procurement'policies. The Municipal purchasing by -law may be
used as adapted by the Board to the specific requirements of the Beech Centre.
3 of 8
18 °37
ATTACHMENT °B°
b) Contracts /Agreements /Leases
Other than for normal operating or Administrative processes, the Board will not
enter any contract, or agreement which has the potential to commit funds, oblige,
or encumber the Municipality without prior written Council approval, or specific
approval detailed by resolution in the annual budget process.
5. Board Mandate
Subject to such limitations and restrictions as Council may from time to time impose
by bylaw or resolution, the Board may:
a) Meeting
Fix the times and places for meetings of the Board and the mode of calling and
conducting the meetings and make regulations governing the conduct of its
members and employees.
b) Chair /Committees
Elect a President, Vice President, 2nd Vice President, Treasurer, Secretary and
committee chairs as determined necessary by the Board, all of whom shall hold
office at the .pleasure of the Board or for such period as the Board may prescribe.
c) Employment (Hire & Termination)
Employ such full time and part time persons, prescribe their duties and fix their
salaries and other benefits of employment as the Board considers to be
necessary and appropriate, provided that:
(i) Salaries, Benefits, and Performance Appraisals: The Board shall by
resolution, adopt hiring policies with respect to hiring of its employees and
shall be responsible to abide by all applicable laws governing employment
practices.
(ii) COAC employees are not considered Municipal employees, or have any
claim on the Municipality for any employment actions or decisions by the
Board or its Employees.
Annual Board recommended increases for salary or performance that are within
the Council approved budget, will only need to be detailed in the budget
estimates, for approval.
d) Hours of Operation
Fix the hours when the Clarington Beech Centre shall be open to the public and
required payment of fees or charges for admission thereto or the use thereof and
prescribe such fees and charges.
HI
ATTACHMENT "B"
e) Admission
Adopt policy for rules for the use of the Centre and for the admission thereto or the
use thereof and prescribe such fees and charges.
f) Sales
Sell within the Centre souvenirs, crafts, baked goods and refreshments at such
prices as the Board may decide.
g) Publications
Produce, copy and distribute publications and documents related to the older adults
of the Municipality.
h) Volunteer Groups
Encourage and develop volunteer groups to assist in the further development of the
Clarington Older Adult Centre Board matters within the Municipality.
6. Meetings
a) Public
The meetings of the Board shall be open to the public, in accordance with Section
239(2) of the Municipal Act and no person shall be excluded there from except for
improper conduct.
b) Records
The Board shall keep minutes of its meetings and all books papers and documents
used in and pertaining to the business of the Board and all such minutes, books,
papers and documents shall be open to the members of Council and to any other
person or persons appointed for that purpose by Council in accordance with the
Municipal Freedom of Information and Protection of Privacy Act. The minutes of all
Board meetings are to be submitted to the Municipal Clerk within ten (10) business
days following the meeting.
7. Finance
a) Budget
The Board shall on or before the 1st day of February in each year prepare and
submit to Council an estimate of its financial requirements for the ensuing financial
year and the Municipal Director of Finance shall pay to the Board out of the moneys
appropriated for it by Council such amounts as maybe requisitioned from time to
time or shall pay the accounts approved by the Board directly in respect to and to
the limitations of the approved budget revenues and appropriation. The Board will
5 of 8
18 -39
ATTACHMENT "B"
only use those funds for the purposes indentified in its estimate of its financial
requirements approved by Council
b) Debt
The Board shall not incur any debt or long term financial obligation without the prior
written approval of Council.
8. Donations
The Board shall keep distinct and regular accounts of its receipts (including any
private donations received by it and the terms, if any, upon which such donations
were made) payments credits and liabilities. All receipts for tax purposes must be
issued in accordance with the requirements of the Canada Revenue Agency.
9. Audit
The accounts and transactions of the Board shall.be audited by the Municipal
Auditor in the same manner as the accounts of the Municipality and all minutes,
books, records, documents, transactions, accounts and vouchers of the Board shall
be open to the Auditor's inspection at all times.
Immediately after its accounts and transactions have been audited the Board shall
submit the audited statement together with an annual report of its affairs to Council.
10. Centre Development Fund
The Board may, with the approval of Council, establish a Centre Development Fund,
into which donations and net revenues, if any, may be placed for future Centre
development projects and may apply any private donations in such manner as it
deems advisable but not inconsistent with the terms upon which any amount was
donated. Any funds intended for purposes beyond the calendar year will be
automatically turned over to the Municipality prior to December 31St of the year of
receipt of funds, for deposit into Municipal accounts identified for Clarington Older
Adult Centre Board purposes with the exception of the funds required by the Board
for on -going operational requirements, and will be maintained by the Municipality's
Director of Finance,
Original documents will be turned over to the Municipality upon receipt by the Board.
The Board will notify the Director of Finance of all such funds received and the
Director of Finance will provide a status report semi - annually on reserve fund
activities.
..
ATTACHMENT "B"
11. Assets
A physical or tangible asset used, assigned, donated or acquired by the Board is the
property of the Municipality. Any Asset acquired must be registered with the
Municipality immediately upon receipt.
12. Legacy Funds
All legacy funds are to be forwarded within 10 business days after receipt by the
Clarington Older Adult Centre Board, to the Municipality along with all original
documentation supporting such bequests. Funds will be invested on the Clarington
Older Adult Centre B.oard's behalf and 'accessible by request of the Board, based on
the specific requirements of the will or based on Council's approval of projects
identified for the use of such funds, as applicable.
13. Insurance and Risk Management
As the Board is a Board of Council, insurance protection is provided to the Board, its
employees, and volunteers under the Municipality's Master Insurance Policy terms
and conditions. The Board or its employees shall forward to the Director. of Finance
appropriate documentation of all claims or potential claims. The Board shall
undertake all its activities keeping in mind general risk management practices in
order to prevent or minimize claims, injuries or damages.
14. Clarington Beech Centre
The Board shall provide daily maintenance from an operational perspective including
but not limited to. custodial care, snow clearing and elevator maintenance, and in
consultation with the Director of Operations, plan and provide for any internal
improvements to the building. The Municipality is responsible for the building
envelope and physical plant through its annual budget process. The Board or its
employees shall not physically alter or contract to alter any physical aspect of the
building or grounds without written approval of the Municipality. The Board will be
responsible to ensure the well being and safety of their staff, volunteers and public
while the Building is in use.
7 of 8
18 -41
By -Law #2001 -2.16, is hereby repealed.
By -Law read a first time this xx day of xxxx, 2011
By -Law read a second time this xx day of xxx, 2011
By -Law read a third time and finally passed this xx of xxxx, 2011
:.
18 -42
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Leading the Way MEMO
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: Anne Greentree, Deputy Clerk
Date: November 25, 2011
Subject GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA— NOVEMBER 28, 2011 — UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, November 28, 2011:
6. DELEGATIONS
See attached Final List. (Attachment#1)
Al- //�—/�IJ/-I&/1",
A&e Greentree, Deputy Cleric
AGljeg
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO--LIC 3A6 -T 905-623-3379-F 905-623-6506
Attachment #1 of Update Memo
FINAL LIST
OF DELEGATIONS
GPA Meeting: November 28, 201'1
(a) Otto Provenzano, from 465862 Ontario Inc., Regarding a Snow Clearing
Invoice
(b) Steve Coles, Vice-President, Clarington Older Adults Association, Regarding
Report COD-036-11, Bowmanville Tennis Club -- Court Lease
(c) Nancy Wilson, Regarding Report CLD-03311, Results of Noise Investigation,
Orono Fish and Hunt Club
HANDOUTS
PRESENTATIONS
w/uo"j
3 �'�"��€��.�� rI ..�_, �*iii„ `�'s:�
HANDOUTS RE: REPORT ON SOUND TESTING OF ORONO FISH AND HUNT CLUB
1. OUTLINE: CONCERNS RE REPORT ON SOUND TESTING OF ORONO FISH AND HUNT CLUB
2. GENERAL INFORMATION RE DECIBELS
3. 2 COPIES OF E—MAILS SENT SEPTEMBER 19, 2011
CONCERNS RE REPORT ON SOUND TESTING OF ORONO HUNT AND FISH CLUB
1. CONCERNS RE TESTING PROCESS:
— firearms tested
— "worst case impact"
— properties used for testing
2. BUILDING OF THE BERM
— effectiveness for firearms other than pistols?
future effectiveness?
— fairness to the gun club?
3. ENFORCEMENT OF BYLAW
When?
How?
Problem of Sundays
Complaint procedure
— Availability of bylaw officers
Penalties for non-compliance
— Stance of gun club: statements at mediated meeting declaring that the municipality
and Ontario government have no jurisdiction over them re: bylaws and the
Environmental Protection Act (repercussions for us?)
4. CONCLUSION
Where do we go from here?
GENERAL INFORMATION RE DECIBELS
From the website: Rifles in the UK
Definitions: Decibels are used to measure sound PRESSURE. Humans perceive an increase of 3 db as a
doubling of VOLUME. An increase of 10db is perceived as a 10X increase in volume. The scale is
logarithmic: 20db is 10X louder than 10db; 30db is 100X louder than 10db; and 40db is 1000X louder,
etc.
The rifle noise of an unmoderated rifle shot is 150—170db. The threshold of pain in 120db. A 160db
rifle shot is therefore 10,000 X louder than the pain threshold.
Testing done by Swallow Acoustics indicates a drop in decibel level of 75db for our lot at 7606 Leskard
Rd., a distance of 600 metres from the shooting source. No testing was done with a firearm producing
170db but it's safe to assume that a drop of 75db would leave us with 95db, a level that could not be
sufficiently lowered by a berm.
Further, no testing was done.on several homes that are much closer than ours and it appears that no
consideration was given to land configuration, echo effects, and funnelling effects caused by buildings
and hillsides. {Only homes whose owners complained directly(i.e. in person)to Council were
considered even though more optimal properties' owners had complained in writing(check your files
for Comment Sheets from Leskard residents). Some were waiting to be contacted since that was our
understanding of the process. Unfortunately,only those owners who took the initiative in contacting
staff were part of the testing. }
It is clear that it is essential for the loudest guns to be part of the testing to achieve a predictable worst
impact. It is clear that this was not done.
Some thoughts:
Silencers: Silencers are illegal in Ontario but 37 states in the USA presently allow the use of silencers in
gun clubs. Gun clubs already have exemptions such as discharging firearms on Sunday -- prohibited for
everyone but gun clubs.
Jim Wilson
Page 1 of 1
Nancy & Jim Wilson
From: "Nancy &Jim Wilson" <wilsonjn @xplornet.com>
Date: September-19-11 12:42 PM
To: "Mayor's Office" <MayorsOffice @MOC.local>; "Councillors' Office" <CouncillorsOffice @MOC.local>;
"Allison Andrew" <AAllison @clarington.net>; "Barrie Patti" <pbarrie @clarington.net>; "Blight Bruce&
Elizabeth" <macleod_blight @hotmail.com>; "McArthur Karen" <karen.mcarthur @sympatico.ca>
Subject: Fw: testing
From: Nancy&Jim Wilson
Sent: Monday, September 19, 201112:38 PM
To: Creamer, Len
Subject: Re: testing
Len,
Yes, of course you may come onto our property. I'm wondering why you're asking Kelly
Adams and the McArthurs for permission. My understanding is that the testing is to be done
30 metres from the closest receiver (factoring in climatic conditions, etc.) and must test "the
predictable worst case impact", in this case, probably shotguns and deer rifles. One of the
guidelines mentions that this may have to be orchestrated since it may not be able to be
done effectively by chance. I think they discuss this in both the RCMP document "Shooting
Ranges and Sound" and the MOE document "Sound Level Limits For Stationary Sources in
Class 3 Areas (Rural). See page 11. It says "The assessment of noise impact requires the
determination of the "predictable worst case" impact. The "predictable worst case"
impact assessment should establish the largest noise excess produced by the source over
the applicable limit. The assessment SHOULD REFLECT A PLANNED AND PREDICTABLE MODE
OF OPERATION OF THE STATIONARY SOURCE."
The properties that should be tested are the ones that are the closest receivers; they would
likely be among the following: Wendell Gaudin's, Thom Ellis and Karen Chester's, Bruce
Blight's and ours. All of them are included in the comments and presentations we provided
to Council as having major complaints. The results will not be "worst case impact" at the
McArthurs' or the Risebroughs'. They have noise complaints but would not fit the testing
protocol of worst case impact.
I'm very concerned that this testing be done according to the correct protocol as outlined in
the RCMP and MOE documents.
Nancy
19/09/2011
Page 1 of 1
Nancy & Jim Wilson
From: "Nancy &Jim Wilson" <wilsonjn @xplornet.com>
Date: September-19-11 2:17 PM
To: "Creamer Len" <Icreamer @clarington.net>; "Barrie Patti" <pbarrie @clarington.net>; "Councillors'
Office" <CouncillorsOffice @MOC.local>; "Mayor's Office" <MayorsOffice @MOC.local>; "McArthur
Karen" <karen.mcarthur @sympatico.ca>; "Blight Bruce & Elizabeth" <macleod bli ht hotmail.com>;
"Allison Andrew" <AAllison @clarington.net> — g @
Subject: Another question
Re: the sound testing of the Orono Fish and Hunt Club.
In addition to my previous e-mail, I have another question: I understand the RCMP will be
shooting during the sound test tomorrow. Normally they shoot pistols and they are are an
outside organization, not the gun club. Pistols are not the primary problem. What guns
need to be tested are the .458, the elephant guns, the shotguns and the deer rifles. Have
the RCMP been requested to shoot these guns (or whatever the Chief Firearms Officer
deems the loudest guns on that range) during the test? And will they be firing all at once?
If so, fine. If not, then how are you organizing things so that a valid reading will be
accomplished? So, along with measuring the sound from the closest receiver, it is essential
that the guns be the loudest used on the range. If the guns being tested are pistols and they
are tested a mile away at the McArthurs', then the test would be invalid. It would be a
waste of money.
Also, the neighbours who are closest have written comments (you all were given copies)
indicating major complaints and are willing to have testing done on their properties. They
are the ones who should be approached for permission, not necessarily the people
representing them who spoke at Council . Wendell Gaudin, for example, wanted to be one
of the speakers but could not because of job demands. Their written descriptions of what
they have to endure clearly suggest they have the worst problems with the noise. Karen
McArthur and Alan & Marlene Risebrough would be the first to agree that, while they too
find the noise intolerable, they do not have to experience the worst of the noise. And the
worst is what needs to be tested.
Please ensure this is done correctly.
Nancy
19/09/2011
Application By: BRUCE AND
RER ELLIS
PROPOSED ZONING BY- LAW AMENDMENT
TO PERMIT AN EXISTING NON -
CONFORMING ACCESSORY BUILDING
FILE NO. : ZBA 2011-0029
Property Location Mal)(Clarke)
A
Sulled
Site
0
0
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2 7486 Thompson Road, Clarke
0
ZBA 2011-0029
Zoning By-law Amendment
Owner: Bruce and Karen Ellis
Detached garage constructed in 2008
• No building permit
• Exceeds maximum permitted height
and floor area
Comments
Accessory Buildings Zoning By-law Application to legalize
Regulations existing building
It is recommended that staff continue
processing, including preparation of a
subsequent report.
Property Location Mal)(Clarke)
A
Sulled
Site
0
0
U)
2 7486 Thompson Road, Clarke
0
ZBA 2011-0029
Zoning By-law Amendment
Owner: Bruce and Karen Ellis
Application By: ZION UNITED
CHURCH go" A
&PR0MP0fS6EDliZ hNIN BY- LAW AMENDMENT
TO FACILITATE A LOT LINE ADJUSTMENT
BETWEEN A CHURCH AND CEMETERY
FILE NO. : ZBA 2011-0030
Property Location Map(Darlington)
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PARCEL D ZBA 2011-0030
Zoning By-law Amendment
GRAVEL Proposed Access Easement
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Setbacks, lot area and lot coverage
would no longer comply with zoning
• Graves will be protected
It is recommended that staff continue
processing, including preparation of a
subsequent report.
Property Location Map(Darlington)
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PARCEL D ZBA 2011-0030
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GRAVEL Proposed Access Easement
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Page 1 of 1
MARKHAM PROFESSIONAL FIREFIGHTERS ASSOCIATION
f I.A.F.F. LOCAL 2727 tu�
rf iw t 3930 14"'Ave, P,G, Box 3552, Markham, ON UR 6G8 � 1� .
Taff. (905) 940-0198 Fax: (905) 940-9954
Preskient 1eice President Becretary Taeasutt?r
Watter Brinston Ma*Francis Rob Kbesen Scott Dani l
416-52B-8023 9C36 B3tk 2U69 49d-513-9645 805-7155-4011
€ -s1 tt m #facom u m 'ta.cum se tar t< ffa.a4m ErILRag e f(a com
.. 0
Dcc ornbrr 11,2010
Bill Snowball,Fire Chief
Town of Markhaan
IGI Town Center Bled..
M arkham.Ontario
L.:3R 9W3
RE: i..cKtcr to N[PFFA regarding Vidcx-i.Surveillane-e datc d Ocrobcr 27,2010
Dc—r Chief-
Thank you for taking the Ast�ociation`s concerns into consideration during the gricvaance pertaining to the
use of video carncraas at Station 43. TI-c As iation is withcirtawing its grievance can the basis that d-w
carmnas facing the interior;if the station ava7_t be disabled and removed.
la your response letter,you stated the following,
"ln accorclauacc with Article 20,01 of the Collective Agreement a grievance shall mean any diffbrencc
conceiming the interpretation,application.administration or alleged violation of the provision of the
aagrm,ment,It is the Corporation's position that this grievance does not concern a provision of The
Agreement and therefore.the gderaanec is denied."
In order to clarify the-Association's stance mg;trding this issue and future issues,Section 53(9)0)of Fite
Prevention and Prevention Act 1997 was being relied upon:
"rq)An arbitratorhas power... to interpret and apply human rights and other enaploytaaent-related statutes..
desTite any conflict between those statutes and the terms of tlx collective agreement"
The Association nevertheless appreciates halving had the opportunity to air rho grievance,given the
differences of opinion. On this basis however,we v,411 sEri.evc any future installation of in:tcrior-facing
vid—ro cameras in any fire static}n{pr otlrr workplacc).
Si.ncercly,
Rob Klasscn
Secretary MPFFA
Local 2727
https://does.google.com/viewer?pid=explorer&sreid=OB6Br-s)vRwhQ9N2MOMzE2Yj YtMGQ3OS0ON... 12/10/2011
Page 1 of 1
�� z MARKHAM PROFESSIONAL FIREFIGHTERS ASSOCIATION
` N ` LAY.F. LOCAL 2727
AT
r 330 10r e. P.O. Bcx 3-15:762, ldark€tam,G t 3G8
' Tel:(905)940-0198 Fax: t 0- s M I
President Vice President Secretary Treasurer
" Walter Brinston Mark Francis Rob Wassen Sr,AtdanieI
416-52B-8023 aQ5 833-2059 416-573-3645 905-7 1f A4'11
wesident rn ffa-tort, un m f€a.cem secretar m ffa:oorn traasrrrer ra4 ffaesr�nx
October 1,2010
Bill Snowball,Fire Chief
Town of Markham
101 Torun C enter Blvd.,
Markham,Ontario
L3R 94+3
Dear Chief:
In aecordence with Article 20.07 of the Collective Agreement,the Association isfiling a Stage 2 Grievance
regarding the plats to install surveillance cameras inStatian 93.
The Association believes that fl=fat reactionwillNi lntePri.acy€4datian, aridisanunnecessary
intrusion into the privacy of the employees, The Auociationis fslingti-ds grievance on the follo"ving
grounds:
1. Asper ourmeeting dated S opt-ember 10,2 01D,youindicatedthatsurteillancecamereswill
be installed as part of a BRI 168 initiative. This was forther substantiated by yam letter dated
September 16,2010 inwlichyauindicatedthattthe surveillance cameras-"will be installedfor
the purpose of maintain-Ang security. The Association arl4rres to the belief that a 1e=pi*-acy-
inva.*e a lternatire to-video viu4 eilhmet would meet your needs,and encumages you to
pursue those alternatives.
2. There is no policy ofu£hichvte have beenmade aware concerning the use of-video surveillance.
3. There have not been justifrabl e examples of security breaches within our fire stations to warrant
installing s urvaillence cameras(where cameras wooed#gave made a difference in the atAconte).
4. The detriments€sfbreadtingthe empla gee's privacyrsutweigh anyp€rtential benefit the cameras
could bring.
Fire stations are already secured, controlled-accesspublic buildings with doors that hnre key-code
or mr ipe-tern access.
The:,asocistionisre€ sting#1at:all:�orkwatlrrespecttoinstaliingnewcameras(at Ststinnp3orother
locations)cease until aresoive to thisissue has been a:reeduponbybothp rtias,
The Association is se eking the folinwing redr ess:
1• An order that stuvaillance cameras will not be utilizedin or around any Fire Station or any other
Firefighter workplace.
2. Any other order the Arbitrator deetus fair and reasonable.
sable.
The Association Grievance C ommittee will consist of the following.
Chair ScottDaniel
Member Rob Massen
lSafember iasmmnscoveil
please contact me to arrange a mutually agreeable date to resolve this matter_
Sine erely
https://do es.google.com/viewer?pid=explorer&srcid=OB 6Br-sVi'RwhQ 9N2MOMzE2Yj YtMGQ3 O S OON... 12/10/2011
MEMORANDUM OF AGREEMENT
BETWEEN
THE BROCKVILLE PROFESSIONAL FIREFIGHTERS ASSOCIATION
AND
THE CORPORATION OF THE CITY OF BROCKVILLE
SUBJECT: Video Camera Grievance Dated July 4, 2011
The parties agree to the following terms and conditions regarding the above noted matter.
® The video camera at station one has been installed to assist dispatchers in determining if
the apparatus doors have been left open.
s The video camera shall be moved to a location the Association and the Corporation are in
mutual agreement with.
® The camera will not rotate and only be pointed at the front doors of station one.
® There will be no microphone or audio hooked up to the camera.
e The images will not be recorded.
® Information obtained from viewing images from the camera shall not be used to
discipline any member of the Brockville Professional Fire Fighters Association.
The terms and conditions of this agreement shall resolve the above noted grievance filed by the
Association.
Signed this day of 2011
' ` r or the Corporation of the City of Brockville
Forth BPFFA.
Information
and Privacy
Commissioner of
Ontario
Guidelines for the Use of
Video Surveillance Cameras
in Public Places
yi
i
Ann Cavoukian, Ph.D.
Commissioner
i
September 2007
Acknowledgements
This publication is an updated version of a paper released in 2001 by
Dr. Ann Cavoukian, Information and Privacy Commissioner of Ontario.
Dr. Cavoukian gratefully acknowledges the work of Judith Hoffman in
preparing the first report, and Catherine Thompson for her work on this
updated report.
2 61oor Street East 416-326-3333
Suite 1400 1-800-387-0073
Information and Privacy Toronto,Ontario Fax:416-325-9195
Commissioner of Ontario CANADA TTY(Teletypewriter):416-325-7539
M4W'IA8 Website:www.ipc.on.ca
Table of Contents
1. Introduction ..................................................................................................... 1
2. Definitions ........................................................................................................2
3. Collection of Personal Information Using a Video Surveillance System :............3
4. Considerations Prior to Using a Video Surveillance System ..............................4
5. Developing the Policy for a Video Surveillance System .....................................5
6. Designing and Installing Video Surveillance Equipment ....................................6
7. Access, Use, Disclosure, Retention, Security and Disposal of Video Surveillance
Records ............................................................................................................ 7
8. Auditing and Evaluating the Use of a Video Surveillance System .................... 10
9. Other Resources ............................................................................................. 10
AppendixA— Example of a city's sign ................................................................ 11
1. Introduction
Government organizations are considering the implementation of video surveillance
technology with increasing frequency for the purposes of general law enforcement and
public safety programs. In limited and defined circumstances, video surveillance cameras
may be appropriate to protect public safety, detect or deter, and assist in the investigation
of criminal activity.
Organizations governed by the Freedom of Information and Protection of Privacy Act (the
provincial Act) and the Municipal Freedom of Information and Protection of Privacy Act
(the municipal Act) that are considering implementing a video surveillance program are
encouraged not to view video surveillance as a "silver bullet." Although technological
solutions to security challenges reflect an "urge for perfect fairness and perfect security,
extended equally and automatically to all,"' no such world of perfection exists. Institutions
must balance the public benefits of video surveillance against an individual's right to be free
of unwarranted intrusion into his or her life. Pervasive, routine and random surveillance of
ordinary, lawful public activities interferes with an individual's privacy.
These Guidelines are intended to assist organizations in deciding whether the collection of
personal information by means of a video surveillance system is lawful and justifiable as a
policy choice, and if so, how privacy protective measures can be built into the system.
These Guidelines do not apply to covert surveillance, or surveillance when used as a case-
specific investigation tool for law enforcement purposes where there is statutory authority
and/or the authority of a search warrant to conduct the surveillance.
These Guidelines are also not intended to apply to workplace surveillance systems installed
by an organization to conduct workplace surveillance of employees.
See Jeffrey Rosen,The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age (Toronto: Random House,
2004),page 123.Also,see generally The Naked Crowd,Chapter Three"The Silver Bullet."
1
I
3. Collection of Personal Information Using a
Video Surveillance System
Any recorded data or visual, audio or other images of an identifiable individual qualifies as
"personal information" under the Acts.'
Since video surveillance systems can be operated to collect personal information about
identifiable individuals, organizations must determine if they have the authority to collect
this personal information in accordance with the Acts.
Pursuant to section 3 8(2) of the provincial Act and section 28(2) of the municipal Act, no
person shall collect personal information on behalf of an organization unless the collection
is expressly authorized by statute, used for the purposes of law enforcement or necessary to
the proper administration of a lawfully authorized activity. For example, the collection of
personal information that is merely helpful and not necessary to the proper administration
of a lawfully authorized activity would not meet the requirements of sections 28(2) and
38(2).4
Organizations must be able to demonstrate that any proposed or existing collection of personal
information by a video surveillance system is authorized under this provision of the Acts.
' Note,our Office has held that under the Personal Health Information Protection Act, a record is created when a camera
and transmitter capture-an image,and encode and wirelessly transmit that image,even if a physical artifact is not created
such as a videotape or CD containing the image. See Order HO-005 available on the Office of the Information and
Privacy Commissioner of Ontario's website (www.ipc.on.ca).
Cash Converters Canada Inc. v. Oshawa (City) [2007] O.J.No.2613,at 40.
3
.4. Considerations Prior to Using a Video Surveillance System
Before deciding to use video surveillance, it is recommended that organizations consider
the following:
• A video surveillance system should only be considered after other measures to protect
public safety, detect or deter, or assist in the investigation of criminal activity have been
considered and rejected as unworkable.
Video surveillance should only be used where conventional means (e.g., foot patrols)
for achieving the same law enforcement or public safety objectives are substantially less
effective than surveillance or are not feasible,and the benefits of surveillance substantially
outweigh the reduction of privacy inherent in collecting personal information using a
video surveillance system.
• The use of each video surveillance camera should be justified on the basis of verifiable,
specific reports of incidents of crime or significant safety concerns.
• An assessment- of privacy implications should be conducted of the effects that the
proposed video surveillance system may have on personal privacy, and the ways in
which any adverse effects can be mitigated by examining the collection, use, disclosure
and retention of personal information. Organizations may wish to refer to the Ontario
Government's Privacy Impact Assessment tools
• Consultations should be conducted with relevant stakeholders as to the necessity of
the proposed video surveillance program and its acceptability to the public. Extensive
public consultation should take place.
• Organizations should ensure that the proposed design and operation of the video
surveillance system minimizes privacy intrusion to that which is absolutely necessary to
achieve its required, lawful goals.
s This document is available at http://vv-%�waccessandprivacy.goN.on.ca/english/pub/screeningtoot.html
4
I
P -
5. Developing the Policy for a Video Surveillance System
Once a decision has been made to use a video surveillance system, an organization should
develop and implement a comprehensive written policy for the operation of the system.
This policy should include:
• The rationale and objectives for implementing the video surveillance system.
• The use of the system's equipment, including: the location of the reception equipment,
which personnel are authorized to operate the system and access the storage device,
and the times when video surveillance will be in effect.
• The organization's obligations with respect to the notice,access,use,disclosure,retention,
security and disposal of records in accordance with the Acts. (See Section 7.)
i
• The designation of a senior staff member to be responsible for the organization's privacy
obligations under the Acts and its policy.
• A requirement that the organization will maintain control of and responsibility for the
video surveillance system at all times.
• requirement that an agreements between the organization and service providers state
A q Y 5 g p
that the records dealt with or created while delivering a video surveillance program are
under the organization's control and subject to the Acts.
• A requirement that employees and service providers review and comply with the policy
and the Acts in performing their duties and functions relating to the operation of the
video surveillance system.
Employees should be subject.to discipline if they breach the policy or the provisions of
the Acts or other relevant statutes. Where a service provider fails to comply with the
policy or the provisions of the Act, it should be considered a breach of contract leading
to penalties up to and including contract termination.
Employees of organizations and employees of service providers should sign written
agreements regarding their duties under the policy and theActs,including an undertaking
of confidentiality.
5
• A requirement that there is a process in place to appropriately respond to any privacy
breaches.
• The incorporation of the policy into all training and orientation programs of an
organization and service provider. Training programs addressing staff obligations under
the Act should be conducted on a regular basis.
• The policy should be reviewed and updated every two years or sooner if there is a change
or upgrade to the video surveillance system.
6. Designing and Installing Video Surveillance Equipment
In designing a video surveillance system and installing the necessary equipment,the organization
should consider the following:
• Reception equipment such as video cameras, or audio or other devices should only be
installed in identified public areas where video surveillance is necessary to protect public
safety, detect or deter, and assist in the investigation of criminal activity.
• The equipment should be installed in such a way that it only monitors those spaces that
have been identified as requiring video surveillance. Cameras should not be directed to
look through the windows of adjacent buildings.
• If cameras are adjustable by operators, this should be restricted, if possible, so that
operators cannot adjust, zoom or manipulate the camera to overlook spaces that are
not intended to be covered by the video surveillance program.
• Equipment.should not monitor the inside of areas where individuals generally have a
higher expectation of privacy (e.g., change rooms and public washrooms).
• The organization should consider restricting video surveillance to time periods when
there is a demonstrably higher likelihood of crime being committed and detected in the
area under surveillance.
h A privacy breach occurs when personal information is collected, retauzed, used or disclosed in ways that are not in
accordance with the provisions of the Acts. See publications available on the Office of the Information and Privacy
Commissioner of Ontario's website (www.ipc.on.ca)such as the Breach Notification Assessment Tool,and What to do
if a privacy breach occurs: Guidelines for governinen t organizations.
6
0
• The public should be notified, using clearly written signs, prominently displayed at the
perimeter of the video surveillance areas, of video surveillance equipment locations,
so the public has reasonable and adequate warning that surveillance is or may be in
operation before entering any area under video surveillance. Signs at the perimeter of
the surveillance areas should identify someone who can answer questions about the
video surveillance system, and can include an address, telephone number, or website
for contact purposes.
• In addition, notification requirements under section 39(2) of the provincial Act and
section 29(2)of the municipalAct include informing individuals of'the legal authority for
the collection of personal information; the principal purpose(s) for which the personal
information is intended to be used and the title,business address and telephone number
of someone who can answer questions about the collection. This information can be
provided at the location on signage and/or by other means of public notification such
as pamphlets or the organization's website. See Appendix A for a good example of a
city's sign.
• Organizations should be as open as possible about the video surveillance program
in operation and upon request, should make available to the public information on
the rationale for the video surveillance program, its objectives and the policies and
procedures that have been put in place. This may be done in pamphlet or leaflet form.
A description of the program on an organization's website would also be an effective
way of disseminating this information.
• Reception equipment should be in a strictly controlled access area. Only controlling
personnel, or those properly authorized in writing by those personnel according to the
organization's policy, should have access to the controlled access area and the reception
equipment. Video monitors should never be in a position that enables public viewing.
7. Access, Use, Disclosure, Retention, Security and Disposal
of Video Surveillance Records
Any information obtained by way of video surveillance systems may only be used for the
purposes of the stated rationale and objectives set out to protect public safety, detect or
deter, and assist in investigating criminal activity. Tnformation should not be retained or
used for any other purposes.
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Where records of personal information created using video surveillance are to be retained,
the following policies and procedures should be implemented by the organization and should
be included in the organization's policy discussed under Section 5:
• All tapes or other storage devices that are not in use should be stored securely in a
locked receptacle located in a controlled-access area. Each storage device that has been
used should be dated and labeled with a unique, sequential number or other verifiable
symbol.
• Access to the storage devices should only be made by authorized personnel. Logs should
be kept of all instances of access to, and use of, recorded material, to enable a proper
audit trail. Electronic logs should be kept where records are maintained electronically.
• The organization should develop written policies on the use and retention of recorded
information that:
o Clearly state who can view the information and under what circumstances (e.g.
where an incident has been reported, or to investigate a potential crime).
o Set out the retention period for information that has not been viewed for law
enforcement or public safety purposes. Recorded information that has not been
used in this fashion should be routinely erased according to a standard schedule
(normally between 48 and 72 hours). For example, images are not monitored
from a video surveillance system in Toronto's entertainment district introduced in
2007. Images are overridden automatically every 72 hours and are not accessed
unless an incident prompts an investigation.
o Establish a separate retention period when recorded information has been viewed
for law enforcement or public safety purposes. If personal information is used
for this purpose, section 5(1) of Ontario Regulation 460 under the provincial Act
requires that the recorded information be retained for one year. Although section
5 of Ontario Regulation 823 under the municipal Act contains this provision, a
resolution or by-law may reduce retention periods.
o Municipal organizations should consider passing a by-law or resolution, as
contemplated by section 5 of Ontario Regulation 823, that makes their retention
schedules explicit.
• The organization should store and retain storage devices required for evidentiary purposes
in accordance with their own policies until law enforcement authorities request them. A
storage device release form should be completed before any storage device is disclosed
L9
to appropriate authorities. The form should indicate who took the device, and under
what authority, when this occurred, and if it will be returned or destroyed after use.
This activity should be regularly monitored and strictly enforced.
• Old storage devices must be securely disposed of in such a way that the personal
information cannot be reconstructed or retrieved. Disposal methods could include
overwriting electronic records, shredding, burning or magnetically erasing the personal
information. See Secure Destruction of Personal Information (Fact Sheet) available on
the Office of the Information and Privacy Commissioner.of Ontario's website (www.
ipc.on.ca).
• An individual whose personal information has been collected by a video surveillance
system has a right of access to his or her personal information under section 47 of the
provincial Act'and section 36 of the municipal Act. All policies and procedures must
recognize this right. Access may be granted to one's own personal information in whole
or in part, unless an exemption applies under section 49 of the provincial Act or section
3 8 of the municipalAct,such as where disclosure would constitute an unjustified invasion
of another individual's privacy. Access to an individual's own personal information in
these circumstances may also depend upon whether any exempt information can be,
reasonably severed from the record. One way in which this may be achieved is through
digitally "blacking out" the images of other individuals whose images appear on the
videotapes.
Video surveillance systems using wireless technology must securely encrypt the wireless
transmission of all personal information. See Wireless Communication Technologies:
Safeguarding Privacy &Security (Fact Sheet) available on the Office of the Information and
Privacy Commissioner of Ontario's website (wwwipc.on.ca).
9
8. Auditing and Evaluating the Use of a Video Surveillance.
System
Organizations should ensure that the use and,security of video surveillance equipment is
subject to regular audits. The audit should also address the organization's compliance with
the operational policies and procedures. An external body may be retained in order to
perform the audit. Any deficiencies or concerns identified by the audit must be addressed
immediately.
Employees and service providers should be aware that their activities are subject to audit and
that they may be called upon to justify their surveillance interest in any given individual.
The organization should regularly review and evaluate its video surveillance program to
ascertain whether it is still justified in accordance with the requirements in Section 4. This
evaluation should occur at least once a year.
9. Other Resources
The personal information recorded by an organization's video surveillance system, and the
organization's policies and practices respecting the personal information, are subject to the
privacy protection provisions of the Acts.
Prior to implementing a video surveillance system or, for that matter, any new program with
privacy implications,organizations should seek legal advice and consult with their Freedom of
Information and Protection of Privacy Co-ordinator. The Ministry of Government Service's
Access and Privacy Office is a useful resource for Co-ordinators.
The Information and Privacy Commissioner of Ontario monitors compliance with the
privacy protection provisions of theActs.If an organization intends to introduce,significantly
modify or expand a video surveillance system, they should consult with the Office of the
Information and Privacy Commissioner of Ontario.
Organizations should also consult the publications available on the Office of the Information
and Privacy Commissioner of Ontario's website (wwwipc.on.ca), such as:
e Wireless Communication Technologies: Safeguarding Privacy &r Security (Fact Sheet)
® Wireless Communication Technologies: Video Surveillance Systems (Fact Sheet)
® Secure Destruction of Personal Information (Fact Sheet)
® Breach Notification Assessment Tool
e What to do if a Privacy Breach Occurs: Guidelines for Government Organizations
10
Appendix A — Example of a city's sign
Attention
This Area May Be Monitored by Video Surveillance Cameras (CCTV)
The personal information collected by the use of the CCTV at this site is collected under the
authority of (an Act) and (by-law). This information is used for the purpose of promoting
public safety and reduction of crime at this site.
Any questions about this collection can be directed to the Manager of (Department) at
(phone number), (City Hall address) (e-mail).
2 Bloor Street East 416-326-3333
Suite 1400 1-800-387-0073
low Information and Privacy Toronto,Ontario Fax:416-325-9195
Commissioner of Ontario CANADA TTY(Teletypewriter):416-325-7539
M4W 1A8 Website:www.ipc.on.ca
Your Privacy
M1
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September 2000
Introduction
Ontario's Freedom of Information and Protection of
Privacy Act and the Municipal Freedom of Information
and Protection ofPrivacyAct(the Acts) help to protect
your personal information held by provincial and local
government organizations.It is the responsibility of the
Office of the Information and Privacy Commissioner
(IPC)to ensure that government organizations abide by
the Acts.
The following are answers to questions most fre-
quently asked about personal privacy and-govern-
ment-held information.
To which government organizations do the Acts
apply?
The provincial Act,which came into effect on January
1, 1988, applies to all provincial ministries and most
provincial agencies,boards and commissions,as well as
community colleges and district health councils.
The municipal Act came into effect January 1, 1991.
It applies to local government organizations, includ-
ing municipalities, school boards, public utilities,
transit and police commissions, fire departments,
conservation authorities, boards of health and other
local boards.
What is personal information?
"Personal information" means .recorded information
about you. This may include your name, address, sex,
age,education,medical or employment history—and
any other information about you.
How does a government organization obtain
information about me?
Government organizations collect personal informa-
tion as part of their role in providing services to the
public.You give personal information to a government
organization when you fill out an application for pro-
grams or services,such as a driver's licence or building
permit.
How do Ontario's Acts protect my personal infor-
mation?
The Acts require government organizations to protect the
privacy of your personal information in their possession.
There are specific rules on how they may collect,use,retain,
disclose and dispose of your personal information.
How does a government organization use the per-
sonal information it collects?
The government organization must tell you how it intends
to use the information it collects. It must also provide you
with the name of the person in the organization who can
answer any questions you may have about how your per-
sonal information will be used.
Who has access to my personal information?
Access to your personal information is usually available only
to persons in the government organization who need the
information to do their jobs.
There are certain public records containing personal
information which are open to all members of the pub-
lic. Land registration records and assessment rolls are
examples of this type of record.
Where is my file?
There is no master file about you. If you've dealt with a
government organization,it will probably have information
about you.For example,the Ministry of Transportation has
your driving record,a school board has your child's school
records and the Ministry of Health has your doctor's billing
records.
How do I find out what personal information pro-
vincial and local governments have about me?
In most circumstances,the Actsgive you the right to see your
personal information held by a government organization.
In many cases,you should be able to obtain your personal
information just by calling,writing or visiting the appropri-
ate government organization. (If unsure of an address or
telephone number,consult the Blue Pages in your telephone
directory.)
How do I request correction of my personal
information?
Contact the government organization which has the
information and explain that you would like to correct
your personal information. If the government organi-
zation refuses to correct your personal information,
you may require that a statement of disagreement be
attached to your file.
That didn't work—now what?
If you didn't obtain the information you want,or they
refuse to correct your personal information, make a
written freedom of information request.
That sounds complicated. Is it?
Not really. Simply follow these steps:
Step 1: Complete a request form, or write a letter
stating that you are requesting information or ask-
ing for a correction of your personal information
under one of the two Acts. (Request forms are avail-
able from most government organizations across
Ontario.)
Step 2: Forward the completed request form or
letter to the "Freedom of Information and Privacy
Co-ordinator" at the government organization most
likely to have the information you are looking for.
Is there a fee?
A$5 application fee must accompany your request for
access to your personal information.As well,you may
be charged for photocopying and shipping costs. No
fees are charged for the time required to locate and
prepare records containing your personal information.
HowlongmustI wait?
Government organizations that receive information
requests under the Actsmust respond within 30 calendar
days of receipt of a request.
I'm notsatisfied with thegovernment organiza-
tion's response. What do I do?
If the government organization won't allow you to see
or correct your personal information, you have the
right to appeal the decision to the IPC.The appeal fee
is $10.
To appeal, write a letter to the Registrar at the
IPC, describing why you are not satisfied with the
government organization's decision.
I'm not satisfied withhowmypersonal informa-
tion is being handled. What can I do?
If you feel your personal information has been im-
properly collected,used or disclosed by a government
organization, call, write or visit the appropriate gov-
ernment office and try to resolve the matter yourself.
That didn't work—now what?
If you still can't obtain satisfaction,you may write to
the Registrar at the IPC and explain your concern.
What happens next?
An Intake Analyst may call you to clarify your concern
and to tell you what has happened in similar cases.The
Intake Analyst may also direct your complaint to other
government organizations if they are in a better position
to deal with your situation.
In some cases, a Mediator will be assigned to your
file, who will look into the matter and attempt to
resolve your complaint.
Whathappens to thegovernment organization?
If your personal information is not being handled
properly, the IPC will make recommendations to the
government organization to preventsimilar occurrences
from happening again.
I have more questions. Who can answer them?
If you have questions about. handling of your
personal information held by government organiza-
tions or about Ontario's access and privacy legislation,
please call the IPC and ask to speak with an Intake
Analyst in our Tribunal Services Department.
About the Commissioner
The Information and Privacy Commissioner is appointed
by the Ontario Legislature. This independence from the
government of the day allows the Commissioner to be
impartial when carrying out duties under the Acts.
Other brochures available from the
Information and Privacy Commissioner:
Access to Information under Ontario's Information
and Privacy Acts
The Appeal Process and Ontario's Information and
Privacy Commissioner
A Mini Guide to Ontario's Freedom of Information
and Protection of Privacy Act
A Mini Guide to Ontario's Municipal Freedom of
Information and Protection of Privacy Act
For more information, call or write:
Information and Privacy Commissioner/Ontario
80 Bloor Street West, Suite 1700
Toronto, Ontario M5S 2V1
Telephone: (416) 326-3333 • 1-800-387-0073
Facsimile: (416) 325-9195
TTY: (416) 325-7539
Web site: http://wwwipc.on.ca
Cette publication est egalement disponible en frangais.