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HomeMy WebLinkAbout12/12/2011 Clarington Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: December 12, 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 Special Meeting of November 25, 2011 4-1 (b) Minutes of a Regular Meeting of November 28, 2011 4-5 5. PRESENTATIONS No Presentations 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6-1 List) (a) Rosemary McConkey, Regarding the Local Look Back Project 7. PUBLIC MEETINGS (a) Application for a Proposed Draft Plan of Condominium 7-1 Applicant: H&H Properties Inc. Report: PSD-096-11 8. PLANNING SERVICES DEPARTMENT (a) PSD-096-11 Application for a Common Elements Plan of Condominium 8-1 Applicant: H&H Properties Inc. (b) PSD-097-11 Application for Expropriation of Lands Necessary for the 8-9 Reconstruction of a Portion of Elliott Road (c) PSD-098-11 Application for Removal of Holding 8-17 Applicant: West Diamond Properties Inc. (Metrus) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - December 12, 2011 (d) PSD-099-11 Application for Removal of Holding and for Removal of 8-24 Part Lot Control Blocks 90, 91 and 92 of 40M-2364 Claret Investments and 1361189 Ontario Limited (e) PSD-100-11 Monitoring of the Decisions of the Committee of 8-33 Adjustment for the Meeting of December 1, 2011 (f) PSD-101-11 Amendment to Fees By-law Related to Planning and 8-39 Development Applications (g) PSD-102-11 Delegation of Authority in Planning Services Functions 8-53 (h) PSD-103-11 Amendment to Sign By-law 2009-123 and Delegation of 8-69 Authority for Minor Variances 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-039-11 Monthly Report of Building Permit Activity for November, 9-1 2011 (b) EGD-040-11 Joseph Atkinson Parkette 9-8 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-016-11 Outdoor Artificial Ice Surface — South Courtice Arena 12-1 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-035-11 Towing Industry Request 13-1 (b) CLD-036-11 Appointment to Orono Arena Board 13-5 (Confidential Applications Distributed under Separate Cover) (c) CLD-037-11 Schedule of Meetings Amendment 13-7 (d) CLD-038-11 Responsible Pet Owners By-law— Fee Schedule 13-10 G.P. & A. Agenda - 3 - December 12, 2011 14. CORPORATE SERVICES DEPARTMENT (a) COD-037-11 Purchase of a Pre-Built Pumper 14-1 15. FINANCE DEPARTMENT (a) FND-024-11 Green Municipal Fund Application for 173 Baseline Road, 15-1 Bowmanville 16. SOLICITOR'S DEPARTMENT (a) LGL-012-11 Proposed Nuisance By-law 16-1 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19, OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS (a) LGL-013-11 Application for Expropriation of Lands Necessary for the Reconstruction of a Portion of Elliott Road 22. ADJOURNMENT rdiug(IrrolVu}' Special General Purpose and Administration Committee Minutes November 25, 2011 Minutes of a meeting of the Special General Purpose and Administration Committee held on Friday, November 25, 2011 at 9:00 a.m. at the Courtice Community Complex. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill attended until 2:55 p.m. Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Manager of Infrastructure, R. Albright Municipal Solicitor, A. Allison Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Manager of Communication & Marketing, J. Cooke Executive Assistant to the Mayor, L. Coutu Director of Planning Services, D. Crome Manager of Administrative Services, L. Flood Deputy Treasurer, L. Gordon Library Director, E. Hopkins Director of Operations, F. Horvath Administrative Assistant to the Director of Finance/ Treasurer, H. Lynch Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Clerk, P. Barrie Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. - 1 - 4-1 Special General Purpose and Administration Committee Minutes November 25, 2011 PRESENTATIONS Nancy Taylor, Director of Finance/Treasurer provided a verbal report on the 2012 budget, highlighting the following areas: • Fiscal/Economic Update • Financial Indicators - BMA Statistics RECESS Resolution #GPA-658-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the Committee recess for 10 minutes until 10:17 a.m. CARRIED The meeting reconvened at 10:17 a.m. The Director of Finance/Treasurer continued her verbal report, highlighting the following: • Historical Trends • Development Charges Update • Tangible Capital Assets • Long-Term Debt Update • Reserve and Reserve Fund Update • Education Retained Issues RECESS Resolution #GPA-659-11 Moved by Councillor Traill, seconded by Councillor Partner THAT the Committee recess for 10 minutes until 11:36 a.m. CARRIED The meeting reconvened at 11:36 a.m. - 2 - 4-2 i i Special General Purpose and Administration Committee Minutes November 25, 2011 Fred Horvath, Director of Operations, provided a brief overview of the Operations Department 2012 Budget, highlighting the following areas: • Columbarium and Cemetery Expansion • Galbraith Storm Water Management Pond • Newtonville Hall • Roof Audit • Roads — High Float and Patching RECESS Resolution #GPA-660-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the Committee recess for 45 minutes until 12:45 p.m. CARRIED The meeting reconvened at 12:45 p.m. Tony Cannella, Director of Engineering Services, together with Ron Albright, Manager of Infrastructure, provided a brief overview of the Engineering Services 2012 Budget. They highlighted the following project selection key drivers: • Road Network Health • Municipal Structures • Municipal Servicing • Park Development • Coordination with Major Initiatives and Infrastructure Projects The Director of Finance/Treasurer continued with an explanation of the 2012 Capital Budget, highlighting the major proposed capital projects. Franklin Wu, Chief Administrative Officer, provided a brief overview of the 2012 staffing requirements, noting that the total cost of new staffing requests ($651,000) is less than the preliminary assessment growth of 2 percent ($750,000). The Director of Finance/Treasurer provided an explanation of the 2012 Budget Impact Summary for base items, resulting in a proposed increase of 3.67%. - 3 - 4-3 Special General Purpose and Administration Committee Minutes November 25, 2011 RECESS Resolution #GPA-661-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT the Committee recess for 10 minutes until 2:22 p.m. CARRIED The meeting reconvened at 2:22 p.m. The Director of Finance/Treasurer continued with an explanation of the 2012 Budget — Additional Items for Consideration, indicating there is no percentage increase attributed to these items as they are not presented as an "all in" package, but rather for Committee to choose which items, if any, they will want to include in the budget. The next steps in the budget process are: • Budget Binder and report will be circulated to Committee members approximately January 11, 2012 • Special Budget GPA will be held Friday, January 20, 2012 • Council Ratification of the 2012 Budget will be Monday, January 30, 2012 Councillor Traill left the meeting at 2:55 p.m. The Director of Finance/Treasurer concluded her presentation by providing a view of "Looking Forward to 2013". The Mayor thanked the Treasurer and the department heads for their work to date on the budget. ADJOURNMENT Resolution #GPA-662-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the meeting adjourn at 3:00 p.m. CARRIED MAYOR MUNICIPAL CLERK - 4 - 4-4 i General Purpose and Administration Committee Minutes November 28, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 28, 2011 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Manager of Internal Audit, C. Carr (arrived at 12:52 p.m. until 12:58 p.m.) Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon (arrived at 2:00 p.m.) Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor (left at 12:46 p.m.) Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be declaring a pecuniary interest in Report EGD-038-11, regarding the process for external engineering services. Later in the meeting, Mayor Foster stated a pecuniary interest regarding Report PSD-092-11, regarding the application by the Zion United Church. - 1 - 4-5 General Purpose and Administration Committee Minutes November 28, 2011 ANNOUNCEMENTS Councillor Novak attended the following events: • The Hampton Skateboard Park Public Information Centre on Thursday, November 24, 2011, with Councillor Hooper. • The Church of Jesus Christ of the Latter Day Saints ground breaking ceremony for a building expansion on November 25, 2011, with Mayor Foster, and Councillors Hooper and Woo. • The Clarington Public Library Staff Recognition Night on Friday, November 25, 2011 at the Newcastle Library. • Durham Region Transit's 50 Millionth rider event in the morning of November 28, 2011, with Councillor Woo and Mayor Foster. She presented a pin to Mayor Foster in honour of the occasion. Councillor Neal, with Mayor Foster and Councillors Hooper and Woo, attended the Salvation Army Christmas Kettle Kick-off at Wal-Mart on Saturday, November 26, 2011. Councillor Hooper attended the following events: • The Grand Opening Ribbon Cutting Ceremony of Mega Wraps in Bowmanville, on Tuesday, November 22, 2011, with Mayor Foster. • The Artistic Edge Home Decor Grand Opening on Saturday, November 26, 2011. • Long Term Service Awards for Municipality of Clarington Staff on Wednesday, November 23, 2011. He noted that there was a total of approximately 270 years of service represented. • The Hampton Skateboard Park Public Information Centre on Thursday, November 24, 2011. • The Clarington Public Library Staff Recognition Night on Friday, November 25, 2011 at the Newcastle Library, with Councillor Novak. Councillor Hooper reminded everyone that the CPR Holiday Train will stop at Concession Street and Scugog Street this evening at 5:45 p.m. Cash and food donations will be collected in support of Clarington's food banks and there will be a free concert featuring local entertainment. Councillor Woo attended the following events: • The Clarington Board of Trade's First Annual Men's Night and Pool Tournament in honour of Movember at Shooter and Shots, to raise awareness of Prostate Cancer, with Councillor Neal, on Thursday, November 24, 2011. • The Durham Tourism Summit and Durham Art of Transition Creative Awards at Durham College on Friday, November 25, 2011. - 2 - 4-6 General Purpose and Administration Committee Minutes November 28, 2011 Councillor Woo announced that the Clarington Board of Trade will be hosting an Economic Outlook Luncheon on Tuesday, November 29, 2011 at Holbourn Medical, with Paul Ferley, Royal Bank of Canada's Assistant Chief Economist, as speaker. Councillor Traill attended the Kendal Lions Club Roast Beef Dinner on Friday, November 25, 2011 at the Kendal Community Hall. She reminded everyone of the upcoming Tyrone Christmas Celebration co-hosted by the Clarington Older Adults Association and the Tyrone Community Hall Board on Sunday, December 11, 2011 from 2:00 p.m. to 4:00 p.m., which will include a food bank collection, music, baking and refreshments. Councillor Partner attended the following events: • The Orono Horticultural Society's 90th Anniversary on Thursday, November 24, 2011 at their Annual General Meeting. • The Kendal Lions Club Roast Beef Dinner on Friday, November 25, 2011 at the Kendal Community Hall. • The Newcastle Santa's Breakfast on Saturday, November 26, 2011, with Councillor Woo. • The Newcastle Historical Society meeting on Saturday, November 26, 2011. • . The Something Unique Artisan & Craft Show on Saturday, November 26, 2011 at the Orono Town Hall. • The Orono Downtown Business Improvement Association's visit with Santa and live music with Mrs. Claus on Sunday, November 27, 2011. • The Newtonville Community Hall Chili Event on Sunday, November 27, 2011, with Councillors Woo and Hooper. • The Christmas Tree Lighting Ceremony in Newtonville, with Mayor Foster, on Sunday, November 27, 2011. Councillor Partner announced the following upcoming events: • The Rebekah Lodge Blood Donor Clinic on Thursday, December 1, 2011 from 3:30 p.m. to 7:00 p.m. • Orono Christmas Carol Sing Along on Friday, December 2, 2011 at 6:30 p.m. • Breakfast with Santa on Saturday, December 3, 2011 at the Orono Town Hall, from 9:00 a.m. to 11:30 a.m. • St. Francis of Assisi C.W.L. Bazaar on Saturday, December 3, 2011 from 1.0:30 a.m. to 2:00 p.m. • The Heather Rebekah Lodge Annual Bazaar at 124 Church Street in Orono on Saturday, December 3, 2011 from 11:00 a.m. to 2:00 p.m. • Christmas in Kendal, including the Tree Lighting Ceremony and entertainment on Saturday, December 3, 2011 from 4:00 p.m. to 7:00 p.m. • Country Christmas Concert and Dance on Saturday, December 3, 2011 starting at 8:00 p.m. at the Orono Arena. - 3 - 4-7 General Purpose and Administration Committee Minutes November 28, 2011 Councillor Hooper noted that the Annual Tree Lighting Ceremony will take place in front of the Bank of Montreal in downtown Bowmanville on Friday, December 2, 2011. Mayor Foster announced that Walter Beath, the first Chairman of Durham Region, passed away on Thursday, November 17, 2011. He added that the funeral will be held on Friday, December 2, 2011. He announced that "A Gift of Christmas" will be held on Sunday, December 4, 2011 at the Newcastle Town Hall. He also announced that the Newcastle Gift of Art will be having a Wine and Cheese evening in thanks for support during the renovations on Friday, December 9, 2011 from 6:30 p.m. to 9:00 p.m. He acknowledged and congratulated the recipients of the Long Term Service Awards for Municipality of Clarington Staff. The celebration was held on Wednesday, November 23, 2011. MINUTES Resolution #GPA-663-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on November 14, 2011, be approved. CARRIED PRESENTATIONS There were no presentations. DELEGATIONS Otto Provenzano had informed the Municipal Clerk's Department, prior to the meeting, that he was unable to attend. Steve Coles, Vice-President, Clarington Older Adults Association (COAA), was present regarding Report COD-038-11, Bowmanville Tennis Club — Court Lease. He provided the Committee with the history of the COAA at the Beech Centre. Mr. Coles noted that many members of the COAA were present to request that Report COD-038-11 be tabled. He reminded the Committee of the COAA's concerns regarding parking at the Beech Centre, including previous staff reports to Council. Mr. Coles stated that the COAA requires a formal engineered solution to provide parking and accessibility to the Beech Centre. - 4 - 4-8 General Purpose and Administration Committee Minutes November 28, 2011 ALTER THE AGENDA Resolution #GPA-664-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the agenda be altered to consider Item 14.(a), Report COD-036-11, regarding the Bowmanville Tennis Club — Court Lease and Item 18.(a), Report COD-035-11, regarding the Clarington Older Adult Centre Board Governing By-law, at this time. CARRIED I CORPORATE SERVICES DEPARTMENT BOWMANVILLE TENNIS CLUB — COURT LEASE Resolution #GPA-665-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-036-11, regarding the Bowmanville Tennis Club — Court Lease be tabled until the first GPA meeting in March until all meetings have been concluded involving Mr. Peter Spratt with respect to consultation with the COAA Board in regard to the indications of the findings of the COAA Strategic Plan; and THAT when concluded this report be brought back to GPA and Council for determining of the future actions to be taken with respect to the Tennis Courts and their lease arrangements and to the end use of the leased Tennis Court property. CARRIED UNFINISHED BUSINESS CLARINGTON OLDER ADULT CENTRE BOARD GOVERNING BY-LAW Resolution #GPA-666-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Report COD-035-11, regarding the Clarington Older Adult Centre Board Governing By-law, be lifted from the table. CARRIED - 5 - 4-9 General Purpose and Administration Committee Minutes November 28, 2011 Therefore, the following motion was now before the Committee. Resolution #C-499-11 Moved by Councillor Neal, seconded by Councillor Traill 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. MOTION LOST Resolution #GPA-667-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report COD-035-11 be received; 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 ALTER THE AGENDA Resolution #GPA-668-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the agenda be altered, to consider the remainder of Section 14, Corporate Services Department at this time. CARRIED - 6 - 4-10 General Purpose and Administration Committee Minutes November 28, 2011 CORPORATE SERVICES DEPARTMENT - Continued FUNDING OF CONSULTANT REVIEW— BOWMANVILLE TENNIS CLUB — COURT LEASE Resolution #GPA-669-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Peter Spratt be authorized to undertake a review and report on the implications and findings of the Clarington Older Adult Association's Strategic Plan; and THAT the Director of Finance provide the necessary funding of$5000 to fund the meetings and subsequent report findings of Mr. Spratt. CARRIED Councillor Neal rose on a point of order regarding Mayor Foster's use of the words "pulling the rug out" is not appropriate language to classify a motion which is properly seconded and further that he objects to the language. The Chair ruled that it was appropriate language. USE OF TENNIS COURTS AS PARKING LOT DURING OFF-SEASON Resolution #GPA-670-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the Engineering Services Department be directed to investigate and to report to Committee with information, including costs, pertaining to the protection of the Bowmanville Tennis Court during the tennis "off season" with a material such as (but not limited to) a propylene or polyester geotextile fabric, a geofabric or a geocomposite liner. This material must also be: • structurally capable of supporting the weight of small to mid-size parked vehicles; • of sufficiently durable composition as to prevent any impairment to the integrity of the tennis court surface; and • capable of being cleared of snow by the Operations Department in the usual manner or, in the alternative, capable of being cleared of snow in any other recommended manner that is conducive to the preservation of both the tennis court and the covering material; - 7 - 4-11 General Purpose and Administration Committee Minutes November 28, 2011 THAT in the interest of ensuring a decision making process that promotes the principles of community involvement and public consultation, the Bowmanville Tennis Club and the Clarington Older Adults Association, and any other interested parties, be invited to make submissions to the Engineering Department and to members of Committee regarding the proposal for inclusion in the Report; THAT this report be brought forward concurrently with Mr. Spratt's report regarding the Strategic Plan on April 2, 2012; and THAT Mr. Spratt be invited to give comments regarding the surface coverage analysis. CARRIED (See following motion) Resolution #GPA-671-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-670-11 be amended by adding the following before the last paragraph: "THAT the Director of Community Services prepare a report to explore other options for tennis courts in Clarington including an indoor tennis facility." MOTION WITHDRAWN The foregoing Resolution #GPA-670-11 was then put to a vote and carried. TENNIS FACILITY EXPANSION Resolution #GPA-672-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Director of Community Services prepare a report for the expanding of tennis facilities for Clarington including the creation or adaption of current facilities for indoor tennis use. CARRIED - 8 - 4-12 General Purpose and Administration Committee Minutes November 28, 2011 RECESS Resolution #GPA-673-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:16 a.m. DELEGATIONS - Continued Nancy Wilson was present regarding Report CLD-033-11, Results of Noise Investigation, Orono Fish and Hunt Club. She outlined her concerns regarding the report, which include the types of firearms tested. Ms. Wilson stated that the neighbours never stated that the loudest type of firearms were those created by the RCMP, but rather the members of the Club using the different types of firearms. She noted that she had raised this issue with Staff in September. Ms. Wilson stated that the neighbours were informed that the testing would be performed over a period of time, but then this plan changed. She noted that her concern is that the testing never tested the "worst case scenario" types of firearms. Ms. Wilson was also concerned that only the properties belonging to the persons who came forward at the meeting. She added that she is concerned about the effectiveness of the berm for the effectiveness in reducing noise from firearms other than pistols. Ms. Wilson informed the Committee that the residents will be requesting an amendment to the current by-law when the Provincial regulations come into force, which will set the limit at 50dBAI. She added that any changes to be made to the by-law need to be fair to the Orono Fish and Hunt Club as well. Ms. Wilson stated that she is concerned with the enforcement of the by-law in terms of timing, the process, Sunday shooting, the complaint procedure, the availability of by-law officers, and penalties for non-compliance. She expressed her concerns regarding the stance of the Gun Club which is that they believe that the Municipality does not have jurisdiction over the Gun Club. Ms. Wilson concluded by urging the Committee to assist the residents in this matter. ALTER THE AGENDA Resolution #GPA-674-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the agenda be altered, in order to deal with the Report CLD-033-11, regarding the Results of Noise Investigation, Orono Fish and Hunt Club, at this time. CARRIED - 9 - 4-13 General Purpose and Administration Committee Minutes November 28, 2011 RESULTS OF NOISE INVESTIGATION, ORONO FISH AND HUNT CLUB Resolution #GPA-675-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report CLD-033-11 be received; THAT Staff advise Council if there is any delay in carrying out any further steps regarding the closure and construction of the berm; and THAT all interested parties listed in Report CLD-033-11 be advised of Council's decision. CARRIED Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law 84-63 Applicant: Bruce and Karen Ellis Report: PSD-091-11 Mitch Morawetz, Junior 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. May Luong, Borden Ladner Gervais, was present to represent the owners. She stated that the owners will continue to work with Staff on this matter. Ms. Luong added that she had forwarded a list of the neighbours who had indicated that they were in support of the proposal. She agreed to confirm in writing, to staff, if the list was inclusive of all neighbours. (b) Subject: Application to Amend the Zoning By-law 84-63 Applicant: Zion United Church Report: PSD-092-11 Mitch Morawetz, Junior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. - 10 - 4-14 I i i General Purpose and Administration Committee Minutes November 28, 2011 Ross McMaster was present as a local property owner and spoke on behalf of the Cemetery Board. He spoke in opposition to the application. He questioned whether the trustees of the church are acting on behalf of the United Church of Canada. Mr. McMaster stated that he believes that an easement over the oldest part of the cemetery would not be appropriate with regard to the existing graves. He added that the proposed lot line will interfere with the operations of the Cemetery Board. Mr. McMaster stated that the Cemetery Board is concerned about the sale of the Church and its future uses, depending on the new owners. He informed the Committee that the Durham Region Land Division has tabled the matter for the past two years. No one spoke in support of the application. Maurice Wicks, Chairman of the Zion United Church Trustee Board, was present as the applicant. He confirmed that Zion United Church is the applicant and while they no longer hold service, they continue to work as a viable church. They are working with the Oshawa Presbytery and a representative of the United Church of Canada. He informed the Committee that the Trustees are working with the Region. Mr. Wicks added that the Trustees are also working closely with Planning Services Staff. He informed the Committee that the Cemetery Board has been invited to all the Board meetings. Mr. Wicks acknowledged that the Cemetery Board has issues with the driveway to the north of the existing church structure. He informed the Committee that the issue is that the incoming tenants plan to use an area to the north of the church as a children's play area. Mr. Wicks acknowledged that there is a possibility that there may be unmarked graves on the property. He added that the incoming congregation has no issue with the cemetery and would like the current arrangement with the Cemetery Board to remain unchanged. Mr. Wicks informed the Committee that there is an ultrasonic technique which may be used to locate graves, but that he sees no point in exhuming and relocating any unmarked graves. Mayor Foster declared a pecuniary interest in the matter as his wife is a United Church minister, and left the room and did not participate in discussions and voting on this matter. ALTER THE AGENDA Resolution #GPA-676-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the agenda be altered, in order to deal with Report PSD-092-11, regarding the proposed zoning by-law amendment to facilitate a lot line adjustment between a church and cemetery, at this time. CARRIED - 11 - 4-15 General Purpose and Administration Committee Minutes November 28, 2011 PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE A LOT LINE ADJUSTMENT BETWEEN A CHURCH AND CEMETERY Resolution #GPA-677-11 Moved by Councillor Neal, seconded by Councillor Woo THAT Report PSD-092-11 be received; 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 THAT all interested parties listed in Report PSD-092-11 and any delegations be advised of Council's decision. CARRIED Mayor Foster returned to the meeting. PLANNING SERVICES DEPARTMENT PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AN EXISTING NOW CONFORMING ACCESSORY BUILDING Resolution #GPA-678-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-091-11 be received; THAT the rezoning application submitted by Bruce and Karen Ellis continue to be processed including the preparation of a further recommendation report; and THAT all interested parties listed in Report PSD-091-11 and any delegations be advised of Council's decision. CARRIED - 12 - 4-16 General Purpose and Administration Committee Minutes November 28, 2011 I APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL - BLOCK 57 OF 40M-2430 PRESTONVALE DEVELOPMENTS INC. Resolution #GPA-679-11 Moved by Mayor Foster, seconded by Councillor Neal THAT Report PSD-093-11 be received; THAT the application submitted on behalf of Prestonvale Development Inc. to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-093-11 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); THAT the request for removal of Part Lot Control with respect to Block 57 of 40M-2430 be approved and that the Part Lot Control By-law attached to Report PSD-093-11 be passed pursuant to Section 50 (7.1) of the Planning Act, THAT Council's decision and a copy of Report PSD-093-11 be forwarded to the Region of Durham; and THAT all interested parties listed in Report PSD-093-11 and any delegations be advised of Council's decision. CARRIED HERITAGE DESIGNATION REQUEST 20 HORSEY STREET, BOWMANVILLE Resolution #GPA-680-11 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD-095-11 be received; 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; THAT the Clerk prepare the required Notice of Intention to Designate pursuant to the provisions of the Ontario Heritage Act, - 13 - 4-17 General Purpose and Administration Committee Minutes November 28, 2011 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 THAT the Clarington Heritage Committee, the interested parties listed in Report PSD-095-11 and any delegations be advised of Council's decision. CARRIED RECESS Resolution #GPA-681-11. Moved by Councillor Neal, seconded by Councillor Traill THAT the Committee recess for one hour. CARRIED The meeting reconvened at 2:00 p.m. Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT PROCESS FOR EXTERNAL ENGINEERING SERVICES Councillor Novak declared a pecuniary interest in the matter of Report EGD-038-11 as a member of her family works for AECOM. Councillor Novak left the room and did not participate in discussions and voting on this matter. Resolution #GPA-682-11 Moved by Councillor Neal, seconded by Councillor Partner THAT Report EGD-038-11 be tabled until the next General Purpose and Administration Committee meeting, scheduled for December 12, 2011. MOTION LOST Resolution #GPA-683-11 Moved by Mayor Foster, seconded by Councillor Woo THAT Report EGD-038-11 be received for information. CARRIED - 14 - 4-18 General Purpose and Administration Committee Minutes November 28, 2011 Councillor Novak returned to the meeting. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY ACTIVITY REPORT — OCTOBER, 2011 Resolution #GPA-684-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Report ESD-017-11 be received for information. CARRIED INSTALLATION OF VIDEO SURVEILLANCE CAMERAS IN FIRE STATIONS CLOSED SESSION Resolution #GPA-685-11 Moved by Councillor Neal, seconded by Councillor Woo THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with labour relations or employee negotiations. CARRIED RISE AND REPORT The meeting resumed in open session at 2:21 p.m. with Councillor Hooper.in the Chair. Councillor Hooper advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Mayor Foster rose on a point of order and asked the Chair to rule on whether Councillor Traill could proceed with her motion regarding video cameras in fire stations. The Chair ruled that Councillor Traill could not proceed. There was no further discussion on the matter. - 15 - 4-19 General Purpose and Administration Committee Minutes November 28, 2011 COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Partner chaired this portion of the meeting. MUNICIPAL CLERK'S DEPARTMENT SCHEDULING OF STATUTORY PUBLIC MEETINGS Resolution #GPA-686-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-034-11 be received; THAT the present procedure regarding the holding of public meetings, as outlined in Option 1 of Report CLD-034-11 be continued; and 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. CARRIED (See following motions) Resolution #GPA-687-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA-686-11 be'amended by deleting the second paragraph, directing that the present procedure be continued, and replacing it with the following: THAT the present process for holding of Public Meetings continue; "THAT the Department Head be authorized to schedule a separate Public Meeting at a separate location, as deemed appropriate." MOTION LOST (See following motion) - 16 - 4-20 General Purpose and Administration Committee Minutes November 28, 2011 Resolution #GPA-688-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA-687-11 be amended by adding the words "in the evening" immediately following "Public Meeting", and by deleting the words at a separate location. MOTION LOST The foregoing Resolution #GPA-687-11 was then put to a vote and Lost. The foregoing Resolution #GPA-686-11 was then put to a vote and Carried. ADDITIONAL NOISE STUDIES SURROUNDING THE GUN CLUB Resolution #GPA-689-11 Moved by Mayor Foster, seconded by Councillor Traill THAT Staff be directed to conduct additional noise studies in consultation with the public and the Gun Club for appropriate time and study locations; and THAT testing be performed on at least one of the following higher caliber weapons: .458 gun, deer rifle, shot gun or elephant gun. CARRIED SCHEDULE OF MEETINGS AMENDMENT Resolution #GPA-690-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the schedule of meetings for the term of Council be amended as follows: a) THAT the Council meeting scheduled for July 9, 2012 be rescheduled to Tuesday, July 3, 2012 at 7:00 p.m.; b) THAT the GPA meeting scheduled for July 16, 2012 and the Council meeting scheduled for July 23, 2012 be cancelled; c) THAT the Council meeting scheduled for July 8, 2013 be rescheduled to Tuesday, July 2, 2013 at 7:00 p.m.; - 17 - 4-21 General Purpose and Administration Committee Minutes November 28, 2011 d). THAT the GPA meeting scheduled for July 15, 2013 and the Council meeting scheduled for July 22, 2013 be cancelled; e) THAT the GPA meeting scheduled for July 14, 2014 and the Council meeting scheduled for July 21, 2014 be cancelled; and THAT the Municipal Clerk provide appropriate notice of the amendments to the meeting schedule. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT - Continued The Corporate Services Department reports were considered with earlier in the meeting. 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 - Continued The unfinished business item was dealt with earlier in the meeting OTHER BUSINESS There were no items considered under this section of the Agenda. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. - 18 - 4-22 i General Purpose and Administration Committee Minutes November 28, 2011 ADJOURNMENT Resolution #GPA-691-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT the meeting adjourn at 3:40 p.m. CARRIED MAYOR DEPUTY CLERK - 19 - 4-23 I DRAFT LIST OF DELEGATIONS GPA Meeting: December 12, 2011 (a) Rosemary McConkey, Regarding the Local Look Back Project I 6-1 PUBLIC MEETING NOTICE O F C®REPORT#PSD-096-11 H&H Properties Inc. Leading the Way The Municipality of Clarington has received a Complete Application for a proposed Draft Plan of Condominium. APPLICANT: H&H Properties Inc. PROPERTY: Part Lot 8, Concession 2, Former Township of Darlington 298 Longworth Avenue, Bowmanville PROPOSAL: A proposed Draft Plan of Condominium to allow for common element condominium tenure for the private driveway and amenity area on the subject lands. FILE NO.: C-C-2011-0001 X-REF: SPA2011-0013 A Public Meeting to receive input on the application will be held on: DATE: Monday, December 12, 2011 TIME: 9:30 a.m. PLACE: Council Chambers, 2 nd 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, Td Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Anne Taylor Scott (905) 623- 3379, extension 2414 or by e-mail at ataylorscott @clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, December 19, 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, December 14; 2011 to have your name appear on the Agenda. If you wish to be notified of the decision of the Clarington Council in respect of the proposed plan of subdivision, you must make a written request to the Municipality of Clarington, Planning Services Department, APPEAL If a person or public body does not make, oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department in respect to the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, 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 day of NQV 2011. David J. Crome, M.C.I.P.., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality'of Clarington L1C 3A6 Cc: LDO 7-1 _ I E � tp O B C ff LL O yvcuan O C >+ z LL n.fC 3eL5AesNJN 133tl1b APMJY ydba � i•� � � � co nmaxanw 9' �' 9 IL W W j °) O W m W U LO Cl) N �. Q 5 17 �. z DnN3AV.sN'ddDw Leading the Way REPORT PLANNING I DEPARTMENT PUBLIC EETI Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: Report#: PSD-096-11 File #: C-C 2011-0001 Subject: APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM APPLICANT: H&H PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-096-11 be received; 2. THAT provided there are no significant objections to the application during the public meeting, the General Purpose and Administration Committee concur with the decision of the Director of Planning Services to issue Draft Approval of the proposed Plan of Condominium submitted by H & H Properties Inc.; 3. THAT a copy of Report PSD-096-11 be forwarded to the Durham Region Planning Department; and 4. THAT all interested parties listed in Report PSD-096-11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: . Y DhichJ. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer ATS/C P/df/av 5 December 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-1 REPORT NO.: PSD-096-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant/Owner: H&H Properties Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Proposal: To permit a common element condominium tenure for the private driveway and amenity area. 1.4 Area: 0.215 hectares 1.5 Location: Part Lot 8, Concession 2, Former Township of Darlington, 298 Longworth Avenue, Bowmanville Block 33, 40M-2202 (See Attachment 1 — Property Location Map) 2. BACKGROUND 2.1 An eight (8) unit townhouse development is currently under construction on the subject lands. The townhouse development was recently site plan approved on August 24, 2011. The approved site plan includes two townhouse blocks, an internal driveway with access to Longworth Avenue, and a small, landscaped patio area. A development agreement was prepared by municipal staff and registered on title of the lands on September 8, 2011. 2.2 On October 28th, 2011, the applicant submitted an application for Draft Plan of Condominium for the subject development, to permit a common element condominium consisting of the internal driveway and patio area (Attachment 2). If approved, each townhouse unit and the lot upon which it is constructed will be bought and sold individually to each respective purchaser. The owner(s) of each lot would have a shared common interest in the driveway and patio area providing each of the owners the right to access and use the shared common areas. There is also a financial component of the condominium approval to ensure ongoing maintenance and repairs to the common areas. 2.3 Under the Condominium Act, the municipality may grant exemptions from sections of the Planning Act dealing with subdivision approvals, (such as the requirement to hold a public meeting and provide notice to land owners within a 120 metre radius). However, ,providing notice and holding a public meeting for the proposed plan of condominium is appropriate at this time. The application, if approved, allows Block 298 to be divided into 8 lots and the last public meeting to discuss the subject lands was held more than 15 years ago. 8-2 REPORT NO.: PSD-096-11 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located at the northeast corner of Mearns Avenue and Longworth Avenue in Bowmanville. The site has frontage on both Mearns Avenue (with a 0.3 metre reserve) and on Longworth Avenue. 3.2 The surrounding uses are as follows: North- Lands zoned Environmental Protection (stormwater servicing corridor/naturalized area); low density residential development South- Medium density residential development East - Lands zoned Environmental Protection (stormwater servicing corridor/naturalized area); low density residential development West - Vacant, medium density residential block 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS encourages growth within settlement areas on full municipal services. Land use patterns are to promote a mix of housing choices. The subject application is consistent with the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan directs growth to built up areas where the capacity exists to best accommodate expected population growth. Transit supportive densities and a healthy mix of residential uses are promoted. The Growth Plan principles are supportive of the subject application. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as "Living Area". The subject development conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Urban Residential". The subject development conforms to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Within Zoning By-law 84-63, as amended, the subject lands are zoned "Urban Residential Exception (R3-16)". 8-3 REPORT NO.: PSD-096-11 PAGE 4 6.2 A minor variance application (A2011-0019) was approved on June 2, 2011. The variance reduced the exterior side yard setback requirement from 6.0 metres to 3.0 metres and reduced the rear yard setback from 7.5 metres to 4.4 metres. The proposed development satisfies the "R3-16" zone requirements in all other respects. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two (2) public meeting signs were installed along the Mearns Avenue and Longworth Avenue frontages. No inquiries on the subject application were received at the time this report was written. 8. AGENCY COMMENTS 8.1 The subject application has been circulated to a number of staff and agencies for comments, and no objections have been received. i 8.2 Durham Region has provided comments and have no objections. The recommendations of the Noise Impact Study prepared by D.G. Biddle & Associates Ltd. have been included in the Site Plan Agreement. A Phase I Environmental Site Assessment has been completed and no concerns have been identified. The owner has entered into a Servicing Agreement with the Region of Durham and services have been installed at the site. 9. STAFF COMMENTS 9.1 The subject development was approved through the site plan process. The site plan agreement includes clauses that will adequately protect the Municipality's interests, including: building placement and parking areas; servicing and grading; landscaping; entrance works; noise attenuation and financial securities. 9.2 Municipal planning documents focus more on built form versus tenure or ownership of the lands. Condominium approval is an appropriate mechanism to create the shared private driveway and amenity area. 9.3 A condition of draft approval for the proposed condominium shall require an amendment to the site plan agreement to implement the conditions as contained in Attachment 3 of this report. 8-4 i I REPORT NO.: PSD-096-11 PAGE 5 10. CONCURRENCE — Not applicable 11. CONCLUSION 11.1 Condominium approval is delegated to the Director of Planning Services. Based on the comments contained in this report, and provided there are no significant issues raised at the public meeting, the Director of Planning Services shall issue draft approval for the proposed plan of condominium, subject to the conditions of draft approval contained in Attachment 3, following Council's consideration of this report. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Condominium Attachment 3 - Proposed Conditions of Draft Approval List of interested parties to be advised of Council's decision: H&H Properties Inc. D.G. Biddle & Associates Limited Durham Regional Planning Department 8-5 Attachment 1 To Report PSD-096-11 S U a 5 ® O O �o -MTW LL C- c ® O = o N ,6 J (L LL C CL R 6 L�L S 9 Q a CO W D z W CO W ~ Q � ZOO � d �W ¢ � ^l�J C) r� U LJ Z O LO d h N Q Q Q Q Q d S £ Z EmNEIAV sN�JV3N 8-6 Attachment 2 " To Report PSD-096-11 NNAS cn � �m Ogma� J ��eW ���° � p� a�O�YOF aE vc�g_ � o m3.ucuoa ¢ o g o o v j a g fi i @ 0 V F-gP�-J 1 , �JyJ� � FF �w$�1°`3 LL JO aa��Q �° '�E.........6'._ � S EW m��� MIN o om zz d ,? "'`•,.@%a <on�:'2�= L� 0 Z °fig i0��z°��O��i $ grcoa uCi g�•'a3���g � --11': Q. N i a � i f x i i � � o° / 3 �• 273/2.6p,Vl II y I 9.019 � • i •� �., � m � � it o ..:- .'.I1^ 7 i 1 its; Koo 1 h ° f f+ / m I M m 8 •- ea se „ 9 V Z G , `{{``��1 !✓5�hVJ x3 B{B•� H�09,4L.BIN -717N7A d SN�Jb 3W 8-7 Attachment 3 To Report PSD-096-11 DRAFT PLAN OF CONDOMINIUM C-C-201 1-0001 CONDITIONS OF DRAFTAPPROVAL 1. The Owner shall have the final plan prepared on the basis.of the approved draft plan of condominium C-C-2011-0001 prepared by D.G. Biddle & Associates Limited, project number 110084, dated September 26, 2011, which illustrates a common use element over the private driveway and amenity area. 2. The Owner shall satisfy all requirements, financial or otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an agreement between the Owner and the Municipality of Clarington concerning compliance with the Municipality's approved site plan in terms of garbage and waste collection, snow removal, fencing and landscaping and grading and drainage. 3. The Owner shall submit a copy of the declaration for the proposed condominium to the Municipality of Clarington and shall be approved by the Director of Planning Services prior to registration of the plan. 4. Prior to final approval of this Plan of Condominium for registration, the Director of the Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Regional Planning Department, how Condition 1 was satisfied. NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. The conditions to draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 8-8 Clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: Report#: PSD-097-11 File #: PLN 33.4 Subject: APPLICATION FOR EXPROPRIATION OF LANDS NECESSARY FOR THE RECONSTRUCTION OF A PORTION OF ELLIOTT ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Council authorize an application to be made to the Council of the Corporation of the Municipality of Clarington, as the approving authority under subsection 4(1) of the Expropriations Act, for approval of the expropriation of the following interests in land that are required to facilitate necessary upgrades to Elliott Road: (a) a temporary easement or right in the nature of a temporary easement expiring on December 31, 2014 in, under, over, along and upon the land shown as Parts 1 and 2 on Attachment 1 to Report PSD-097-11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the reconstruction of Elliott Road and for the purpose of installing temporary silt fencing and permanent fencing; (b) a permanent easement or rights in the nature of a permanent easement in, under, over, along and upon the land shown as Part 3 on Attachment 1 to Report PSD-097-11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the construction, maintenance, alteration, inspection, repair and operation of stream crossings and erosion protection works; (c) a permanent easement or right in the nature of a permanent easement in, under, over, along and upon the land shown as Part 4 on Attachment 1 to Report PSD-097-11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 g_g REPORT PSD-097-11 PAGE 2 i in connection with, the construction, maintenance, alteration, inspection and repair of a stream crossing; and 2. THAT the Municipal Clerk be authorized to serve and publish a Notice of Application for Approval to Expropriate Land as required by the Expropriations Act; 3. THAT the Municipal Clerk be authorized to forward to the Chief Inquiry Officer any requests for a hearing of necessity that are received; 4. THAT staff be directed to represent the Municipality at any hearing of necessity; 5. THAT Council, as the approving authority under the Expropriations Act, approve the expropriation of the interests in land described in Recommendation 1 provided there is no hearing of necessity, and 6. THAT, if approval to expropriate is given, the Municipal Clerk and Mayor be authorized to take such steps as are necessary to vest in the Municipality the interests in land described in Recommendation 1 and obtain possession. Submitted by: Reviewed by. Da ' Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer JAS/FL/df/av/ah 6 December 2011 8-10 REPORT NO.: PSD-097-11 PAGE 3 1. BACKGROUND 1.1 During the Environmental Assessment (EA) process for the Port Granby Project, a number of alternative routes were evaluated to determine the primary haul route for trucks carrying construction materials and equipment to the Project sites. This will be the route along which virtually all of the material and equipment required for the Port Granby Project, including the construction of the new long term waste management facility, the water treatment plant, and the Lakeshore Road underpass, will be transported. 1.2 The primary haul route selected through the EA consists of Newtonville Road from Highway 401 to Concession Road 1, Concession Road 1 to Elliott Road, and Elliott Road to the entrance of the new long-term waste management facility south of the CN rail corridor (see Attachment 2). A key reason for the selection of this route was that it minimized the number of residences that would be affected by Project-related traffic, in particular the small community of Port Granby. Council concurred with the selection of the primary haul route in June 2006 with its endorsement of the Preferred Option for the Port Granby Project, and again in October 2009 when it concurred with the findings of the Screening Report for the Project. 1.3 On November 30, 2011, the Canadian Nuclear Safety Commission approved the issuance of a Waste Nuclear Substance Licence to Atomic Energy of Canada Limited to permit the Port Granby Project to proceed. 1.4 The Port Hope Area Initiative Management Office (PHAI MO) will be upgrading all of the roads along the primary haul route in order to make them suitable to accommodate the truck traffic for the Project. Elliott Road is currently a seasonally maintained road in very poor condition. As such, the section between Concession Road 1 and the entrance to the new waste management site will require complete reconstruction. 1.5 The upgrades to Elliott Road will require limited access and encroachment onto the lands immediately east of the road allowance. The required encroachments, as described below, are shown in more detail in Attachment 1: • a 10 metre wide temporary working easement along the east side of Elliott Road between Concession Road 1 and the CN rail corridor (approximately 1,000 m) to permit the manoeuvring of road construction equipment, and to permit temporary silt fencing to protect certain watercourses (Part 1 on Attachment 1); and • a 20 m wide temporary working easement along the east side of Elliott Road between the CN and CP Rail corridors (approximately 140 m) to permit the manoeuvring of road construction equipment and to permit temporary silt fencing to protect certain watercourses (Part 2 on Attachment 1); and • a 2.5 metre permanent easement along the east side of Elliott Road between Concession Road 1 and the CP Rail corridor (approximately 1,000 m) to permit the construction and maintenance of stream crossings, roadside ditch work and/or the 8-11 i I I i i I i REPORT PSD-097-11 PAGE 4 i placement of fill (Part 3 on Attachment 1); and i ® a 10.5 metre wide by 138 metres long permanent encroachment onto the land between the CN and CP rail corridors to permit the construction and maintenance of a stream crossing upgrade and a 2:1 slope on the east side of the approach to the level crossing at the CN tracks (Part 4 on Attachment 1). 1.6 Full legal descriptions will be substituted for Recommendation 1 and Attachment 1 as soon as reference plans have been completed. 2. DISCUSSION 2.1 The schedule for the Port Granby Project requires Elliott Road and the other roads on the primary haul route to be completed in 2012 in order for the construction of the other elements of the Project to begin. Work on Elliott Road cannot start until the half-load restriction for 2012 is lifted, which generally occurs in mid-to-late April. Construction is expected to continue until November. 2.2 In order to ensure the Project is not delayed, it is necessary to initiate the expropriation process. 2.3 If expropriation proceedings are initiated, they can be abandoned should the parties reach a negotiated settlement or if other options are developed that can eliminate the need for an expropriation. 3. EXPROPRIATION PROCESS 3.1 Municipal expropriation of land generally proceeds as follows: • Municipal Council provides authority to expropriate the land. • The Municipality serves a Notice of Application for Approval to Expropriate on the landowner and publicizes that Notice in a local newspaper. • The landowner has 30 days to request a hearing of necessity. If a hearing is requested, the Municipality notifies the Chief Inquiry Officer who arranges a hearing to determine whether the "taking of the lands ... is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority". At the conclusion of the hearing, the Chief Inquiry Officer submits a report to Council. • Council, after considering the report, approves (with or without modifications) or does not approve the expropriation with written reasons and arranges for service of its decision on all parties within 90 days. • Where Council approves the expropriation, the Municipality must register the expropriation plan and Council's certificate on title to the lands within three months. 8-12 i I REPORT PSD-097-11 PAGE 5 • The Municipality services the Notice of Expropriation on the landowner within 30 days of registration of the expropriation plan. • The landowner then has 30 days to elect the date on which the compensation should be assessed (being one of the following - the date notice of hearing was served, the date of registration, or the date of service of Notice of Expropriation). • The Municipality serves a compensation offer along with its appraisal report (the "Section 25 offer") on the landowner within 90 days of registration and before taking possession of the lands; • The Municipality serves the Notice of Possession on the landowner a minimum of three months prior to taking possession. • If compensation is not agreed, compensation can be determined by: (a) Board of Negotiation; and/or (b) Ontario Municipal Board arbitration (which usually involves a procedural order outlining requirements for discoveries, motions, exchange of documents, witness statements and experts reports and full hearing). 4. CONCURRENCE 4.1 This Report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 5. CONCLUSION 5.1 Staff are recommending that Council authorize the initiation of expropriation proceedings to acquire the necessary interests in the lands to permit the reconstruction of Elliott Road. This action is necessary in order to ensure that the construction of the Port Granby Project can proceed as scheduled, and is consistent with the 2001 Legal Agreement which commits Canada and the Municipality to cooperate and take appropriate action necessary to expedite the completion of the Project. 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 X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz 8-13 REPORT PS®-097-11 PAGE 6 Attachments: Attachment 1: Lands Affected By Expropriation Attachment 2: Map Showing Primary Haul Route Interested parties to be advised of Council's decision: Garfield Payne Christine Fahey III' 8-14 Attachment 1 To Report PSD-097-11 Concession Rd 1 i i i 1 PART 1 10m Temporary Easement 1 I PART 3 i 2.5m Permanent Easement 1 1 . I PART 2 I 20m Temporary Easement I i PART 4 1 10.5m Permanent Easement I 1 C o o! a w I I I i CN ® N ELLIOTT ROAD EASEMENTS LeQa„�g e�,e way Port Granby Project $ 5 Attachment 2 To Report PSD-097-11 ns J ue ,.._ e en ' Rapp Highway 401 Highway 401 D Lake Ontario PRIMARY HAUL ROUTE Leading the Way Port Granby Project 8-16 i (Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: Report#: PSD-098-11 File #: ZBA2011-0034 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: WEST DIAMOND PROPERTIES INC. (METRUS) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-098-11 be received; 2. THAT the application submitted West Diamond Properties Inc. and Players Business Park Ltd. to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) Symbol for lots to be transferred to Jeffery Homes identified on the schedule to the By-law (Attachment 2) be passed; 4. THAT a subsequent By-law be forwarded to Council to remove the Holding (H) Symbol on the balance of the lots to be transferred to Brookfield Homes upon fulfillment of the balance of the terms and conditions in the Subdivision Agreement; and 5. THAT a copy of the by-laws be forwarded to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC) and that all interested parties listed in Report PSD-098-11 and any delegations be advised of Council's decision. 1 Submitted by: Reviewed by: D2MV. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/df 6 December 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-17 REPORT NO.: PSD-098-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Metrus Development Inc. 1.2 Owner: West Diamond Properties Inc. & Players Business Park Ltd. 1.3 Location: North of Brookhill Boulevard, west of Green Road Brookhill Neighbourhood, Bowmanville being Part of Lot 17, Concession 2, former Township of Darlington 1.4 Rezoning: Removal of Holding (H) Symbol from: • "Holding — Urban Residential Exception ((H)R1-79) Zone" to "Urban Residential Exception (R1-79) Zone"; • "Holding — Urban Residential Exception ((H)R1-82) Zone" to Urban Residential Exception (R1-82") Zone"; ® "Holding — Urban Residential Exception ((H)R3-37)" to "Urban Residential Exception (R3-37) Zone"; and ® "Holding — Urban Residential Exception ((H)R3-39)" to "Urban Residential Exception (R3-39) Zone". 2. BACKGROUND 2.1 An application for removal of the Holding (H) symbol was received on November 17, 2011. The subject lands are within Draft Approved Plan of Subdivision S-C-2004-004 which was draft approved by the Ontario Municipal Board on December 9, 2009 for 423 residential units. At that time, the lands were also rezoned to allow for residential uses consistent with the plan of subdivision and the Holding (H) symbol was applied. 2.2 In September 2010, Council approved a modification to the Draft Approved Plan reducing the number of units to 419 units. The corresponding rezoning made minor adjustments to front yard setbacks. 2.3 The Holding,(H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development 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. No building permits can be considered until the Holding (H) symbol is removed. 3. STAFF COMMENTS 3.1 The subject lands are located within the first phase of the Draft Approved Plan of Subdivision. Phase 1 contains 114 units. The subdivision agreement for Phase 1 has been executed. The applicant has posted securities for road construction and the roads are to be completed the first week of December. The subdivision agreement requires the transfer of lands external to the subdivision. The timing of these transfers has delayed the registration of Phase 1, despite Staff's efforts to work with the developer (Metrus) to expedite the registration. On December 8-18 REPORT NO.: PS®-093-11 PAGE 3 1St, 2011, the external lands were transferred to the Municipality and now registration of Phase 1 can proceed. 3.2 The lots within Phase 1 have been sold to two different builders, Jeffery Homes and Brookfield Homes. Some of the financial responsibilities have also been split between the builders. To date occupancy security has been paid for half of the total units by Jeffery Homes. There are a number of house closings occurring as early as March 2012. In order to ensure housing construction can occur in a timely manner, the removal of holding is recommended on the identified lots on the attached by-law. Once the registration occurs and the balance of the occupancy security has been received, Staff will forward a by-law to Council to remove the Holding (H) Symbol on the balance of the lands. 3.3 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. 3.4 All property taxes have been paid in full 4. CONCURRENCE - Not applicable 5. CONCLUSIONS 5.1 As noted above, the Subdivision Agreement for Phase 1 has been executed and the applicant has posted securities for the portion of Phase 1 subject to the proposed By- law, Staff have no objection to the removal of the holding symbol on the lots identified on the schedule to the by-law at this time. Once the balance of the occupancy securities have been received, Staff will forward a by-law to remove the "Holding (H)" symbol on the balance of Phase 1. 5.2 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. 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 8-19 i REPORT NO.: PSD-098-11 PAGE 4 Staff Contact: Cynthia Strike Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - By-law for Removal of Holding (H) List of interested parties to be advised of Council's decision: Tom Albani, Metrus Inc. Region of Durham Planning Scott Jeffery, Jeffery Homes Ii 8-20 �anmo.nnu�=mm�innnmll=� oil 1111 MEN■ /E m ■ jumo INN \ . .. . .��. MA LNN Attachment 2 To Report PSD-098-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to implement Phase 1 of S-C-2004=004; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: Y "Holding-Urban Residential Exception ((H)R1-79)Zone"to "Urban Residential Exception(R1-79)Zone"; • "Holding—Urban Residential Exception ((H)R1-82)Zone"to Urban Residential Exception (R1-82")Zone"; ® "Holding—Urban Residential Exception ((H)R3-37)"to "Urban Residential Exception (R3-37)Zone'; and • "Holding—Urban Residential Exception ((H)R3-39)"to "Urban Residential _ Exception (R3-39)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 8-22 This i s Schedule "A" to y-law 2011 - e this day of 2011 A.D. N ,o jd.• „ •° �emaip:AMR � m 1-7 '•ilk. Q- �A1/C� N N N g(;— ii N .••' o / ER pRFBC 4q)', B '.tro�:''• •yaw �'/' I 103: m w r Zoningto I �':••;•' / o, ,2 Remain I - -- m 0171 7' vi yH�Rt-82" N I Q mairyi ' 0 m / HprB pRBSpFNr )R3.3gir6) ---- w s I m u� m Hicks m w n E Zo DANE $ 7 S3)•, h B w r BRppKH/<C 1 hi s To Rem � F M- -•-• Zoning Change From"(H)R1-79(T:35)"To"RI-79(i:35)" ® Zoning Change From"(H)R3-37(T.43)"To"R3-37(T:43)" ® Zoning Change From"(H)R1-79(T:40)"To"R1-79(T:40)" ® Zoning Change From"(H)R3-39(T:6)"To"R3-39(T:6)" ® Zoning Change From"(H)R1-79(r:44)"To"R1-79(T.44)" r.:f Zoning Change From"(H)R3-39"To"R3-39" Zoning Change From"(H)R1-82"To"R1-82" Zoning to Remain"R1" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk a < � o �DNBS AV o L C BROp 0 y 0 i yy ROAD BOWMANVILLE STEVE.ZBA 2011-0034 a UIXM SCHEDULE 3 8-23 Cladwgton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: PSD-099-11 File#: ZBA 2011-0028 Subject: APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL BLOCKS 90, 91 AND 92 OF 40M-2364 CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-099-11 be received; 2. THAT the application submitted on behalf of Claret Investments Limited and 1361189 Ontario Limited 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 Blocks 90, 91 and 92 of 40M-2364 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 a copy of this report with attachments and approved By-law for the Removal of Part Lot Control be forwarded to the Region of Durham Planning Department; and 6. THAT all interested parties listed in Report PSD-099-11 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 8-24 REPORT NO.: PSD-099-11 PAGE 2 Submitted by: Reviewed by: Da . Crome, MCIP, RPP Franklin Wu, Direc or of Planning Services Chief Administrative Officer CP/df 5 December 2011 8-25 i i i REPORT NO.: PSD-099-11 PAGE 3 1. APPLICATION DETAILS 1.1 Applicant: WDM Consultants 1.2 Owner: Claret Investments Limited and 1361189 Ontario Limited 1.3 Proposal: 1) Removal of Holding ( H) Symbol from "Holding— Urban Residential Exception ((H)R1-41)" to " Urban Residential Exception (R1-41) 2) To allow the creation of six (6) residential lots 1.4 Location: Blocks 90, 91 and 92 40M-2364, 10 to 36 Duval Street, Courtice 2. BACKGROUND 2.1 On October 24, 2011, WDM Consultants submitted an application for Zoning By-law Amendment to remove the "Holding (H)" prefix from Blocks 90, 91 and 92 on 40M-2364 and to lift Part Lot Control on the subject lands. 2.2 The three blocks were draft approved as semi-detached/link lots accommodating two dwellings each. The blocks were at the east limit of the applicant's ownership and did not have frontage on a road within the draft approved and registered plan of subdivision. The lots required the approval of a plan of subdivision on the abutting lands in order to have frontage on a street. This summer Plan 40M-2452 was registered providing said frontage. The road has been built and therefore access to these blocks is now available. 3. STAFF COMMENTS 3.1 The Municipality has an executed subdivision agreement for the lands contained within registered plan 40M-2364. Over the last year the Municipality entered into an agreement with Headgate Developments for the lands abutting to the east forming 40M-2452. Development of these three blocks is consistent with the draft approval. The three blocks were originally draft approved and zoned as three semi-detached/link lots. The current applications for removal of holding and removal of part lot control allows the development of the six lots in total consistent with the draft approved plan. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 4) along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.3 Staff recommend that the Removal of Part Lot Control By-law be in force for a two (2) year period following Council approval, ending Dec 19, 2013. 3.4 All property taxes have been paid in full. 8-26 REPORT NO.: PSD-099-11 PAGE 4 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. It is also recommended that Council approve this application and adopt the attached Removal of Part Lot Control By-law for Block 90, 91 and 92 of 40M-2364. 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: Carlo Pellarin Attachments: Attachment 1 - Key Map Attachment 2 Removal of Holding Zoning By-law Attachment 3 - Removal of Part Lot Control By-law Attachment 4 - Table for Part Lot Control Exemption By-law List of interested parties to be advised of Council's decision: WDM Consultants 8-27 Attachment 1 To Report PSD-099-11 a� .a M J O U Clq U 00 9 ® N w.+ cC = C Q. ® > O Cl O N 9i OVd' r r O r N O w d ca N FL J Q IM d V g N � Nm V CL ;.: IL N J 0 Z CIVO'l NOOONVH -F U- o. 0 J O z W Q W O w elf _ O w Q z > i3EiHiS-lvAna w 2 x'� O m m m m m m ANHU AVE) AHHVH U J Q LU8 i Attachment 2 To Report PSD-099-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2011- being a By-law to amend By-aw 84-63,the Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend Zoning By-law 84-63, as amended,to implement 40M-2364; 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)R1-41)"to"Urban Residential Exception (R1-41)" 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- 8-29 i This is Schedule "A"' to By-law 2011 , — passed this day of , 201.1 A.D. i i GEORGE REYNOLDS DRIVE 0 Q a �t1 V x o p U r a 0 _ a s W U Q 5 a N NASH ROAD ® Zoning Change From"(H)R1-41"TO"R1-41" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk OR E R Y O 0 O fG K a I� O AVEN O ) D E ILBERTHOAR 2 tt =E -1 zaazo»ooze SCHEDULE4 8-30 Attachment 3 To Report PSD-099-11 THE.CORPORATION OF THE MUNICIPALTY OF CLARINGTON BY-LAW NO. 2011- being a By-law'to exempt a certain portion of Registered Plan 40M-2364 from Part Lot Control WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Blocks 90, 91 and 92 on Plan 40M-2364, 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 the following lands: a) Blocks 90, 91 and 92 of 40M-2364. 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 19, 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 8-31 i Attachment 4 To Report PSD-099-11 TAL 4 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan M 40M-2364 By-law: F .a -A-MA h r ,x ' ti � Lots/Blocks Affectetl Fh Result of Part Lot Control �i x <` ` U�n�t Type antl Numbed Exemption on;Unit Type ` nd 90, 91 and 92 Semi-detached/link No increase in units Total: Six (6) No increase in units 8-32 i i Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: N/A Report #: PSD-100-11 File #: A2011-0039 to A2011-0041 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 1, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-100-11 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on December 1, 2011 for applications A2011-0039, A2011-0040, and A2011-0041; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by. DgidXCrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer NG/CP/df 5 December 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-33 i i REPORT NO.: PSD-100-11 PAGE 2 1. APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR DECEMBER 1, 2011 Application Number Staff Recommendation Decision of Committee A2011-0039 Approve Approved A2011-0040 Approve Approved A2011-0041 Approve Approved 1.2 Application A2011-0039 was filed to permit the expansion of a legal non- conforming four-plex by demolishing the existing garage/carport and replacing it with a two storey addition to provide additional living space in three of the units. The Committee concurred with Staff's recommendation and approved the application. 1.3 Application A2011-0040 was filed to permit the construction of a single detached dwelling by increasing the maximum projection of an attached private garage in front of the dwelling unit from 3 metres to 5 metres. Staff recommended that the application be approved as the proposed dwelling is within an older neighbourhood, which consists of dwellings having garage projections beyond 3 metres. The proposed garage projection of 5 metres will not have a negative impact on the streetscape. The Committee concurred with Staff's recommendation and approved the application. 1.4 Application 2011-0041 was filed to permit the construction of a single detached dwelling by reducing the minimum required setback from the south property line from 8 metres to 6 metres. The Committee concurred with Staff's recommendation and approved the application. 2. COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0039 to A2011- 0041 and are satisfied that they are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2011-0039 to A2011-0041 is required in order to afford Staff official 8-34 i REPORT NO.: PSD-100-11 PAGE 3 status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. i 3. CONCURRENCE. Not applicable 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: Nicole Granzotto, Junior Planner Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 8-35 Attachment 1 To Report PSD-100-11 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TOM WHITE AND JODI ARBOUR OWNER: TOM WHITE AND JODI ARBOUR PROPERTY LOCATION., 30 SILVER STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2011-0039 PURPOSE: TO PERMIT THE EXPANSION OF A LEGAL NON-CONFORMING FOUR-PLEX BY DEMOLISHING THE EXISTING GARAGE/CARPORT AND AND REPLACING IT WITH A TWO STOREY ADDITION TO PROVIDE ADDITIONAL LIVING SPACE TO THREE OF THE UNITS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE EXPANSION OF A LEGAL NON-CONFORMING FOUR-PLEX BY DEMOLISHING THE EXISTING GARAGE/CARPORT AND REPLACING IT WITH A TWO STOREY ADDITION TO PROVIDE ADDITIONAL LIVING SPACE AS IT MEETS THE INTENT OF THE OFFICIAL PLANS, ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 1, 2011 LAST DAY OF APPEAL: December 21, 2011 8-36 I ® I Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROMAN SOBCZAK OWNER: ROMAN SOBCZAK PROPERTY LOCATION: 30 LAWSON ROAD, COURTICE PART LOT 35, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0040 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PROJECTION OF AN ATTACHED PRIVATE GARAGE IN FRONT OF THE DWELLING UNIT FROM 3 METRES TO 5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PROJECTION OF AN ATTACHED PRIVATE GARAGE IN FRONT OF THE DWELLING UNIT FROM 3 METRES TO 5 METRES AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 1, 2011 LAST DAY OF APPEAL: December 21, 2011 8-37 e Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GARY MADILL OWNER: GARY MADILL PROPERTY LOCATION: 86 EAST BEACH ROAD, BOWMANVILLE PART LOT 8, CONCESSION BF FORMER TOWN OF BOWMANVILLE FILE NO.: A2011-0041 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED SETBACK FROM THE SOUTH PROPERTY LINE FROM 8 METRES TO 6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE SOUTH PROPERTY LINE FROM 8 METRES TO 6 METRES AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 1, 2011 LAST DAY OF APPEAL: December 21, 2011 8-38 i�c Leading the Way REvuRT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law M Report M PSD-101-11 File #: PLN 20.5 Subject: AMENDMENT TO FEES BY-LAW RELATED TO PLANNING AND DEVELOPMENT APPLICATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-101-11 be received; 2. THAT the attached By-law being a By=law to require the payment of fees for information and services provided by the Municipality of Clarington be approved; and 3. THAT all interested parties to Report PSD-101-11 be advised of Council's decision. Submitted by: -,�/ Reviewed by. a id J. CroFne, MCIP, RPP Franklin Wu, Direr of Planning Services Chief Administrative Officer CP*DJC*sn 5 December, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-39 REPORT NO.: PSD-101-11 PAGE 2 1. BACKGROUND 1.1 Section 69 of the Planning Act allows the Municipality to pass a By-law to set out fees for development applications to offset the "anticipated costs" to the Municipality for processing applications. The current Fee By-law was adopted in 2010. This report recommends an across the board annual Planning Application Fee increase as well as introducing fees for minor variances to the Sign By-law and a fee for re-activating dormant applications. 2. REVISIONS TO FEES AND NEW FEES 2.1 As noted above, the Fee Schedule for development applications is intended to offset the "anticipated costs" to the Municipality for processing applications. The Municipality does not have a collective agreement in place for the coming years that can be used as a benchmark for the fee adjustment. Staff reviewed a number of forecasts to provide an increase reflective of expected wage increases over the coming years. The forecasts appear to range from a low of 2.3% to a high of 3.1%. Some forecasts also noted that Ontario and the GTA would be lower than the national average while another suggested that the health care and public sector would see the lowest increases. In consideration of the above staff recommend the following changes to the Application Fees Costs related to Planning Act applications for the next three years: 2.0% increase in 2012; 2.5% increase in 2013; and 3.0 % increase in 2014 Should wages or other factors dramatically differ over that period, staff can report back to Council with an update and further adjustments. Furthermore, staff will be undertaking a major fees review during this period. 2.2 Sign Variances As identified in report PSD-103-11 staff recommends an amendment to the Sign By-law to allow for minor variances to the Sign By-law. This will provide opportunity for a simpler process for minor deviations from the Council approved By-law. In conjunction with this revision to process a fee for minor variances is proposed at the same rate as the fee for minor variance to the Zoning By-law. The proposed fee will be $461 plus HST. This is less than half of the fee for a Sign By-law amendment $1033 plus HST in 2012. 2.3 Dormant or Inactive Applications On occasion when applications are submitted and circulated, applicants do not respond to agency or municipal comments and requests for revisions or supporting documentation in a timely manner. There may be several reasons for the delay and at times months or years can pass before an applicant decides to proceed with an application. Staff typically provide follow-up/reminder letters advising that progress needs to be made or the file should be denied and closed. 8°40 REPORT NO.: PSD-101-11 PAGE 3 Applicants are reluctant to close an application due to the time and money invested in the initial submission. However, revisions to dormant applications require significant staff time. There may need to be a significant review undertaken to consider policy changes that have occurred since the initial submission. Often times the revisions trigger a new public meeting as well. Although presently the Fee By-law has appropriate fees for revisions to proposed plan of subdivision applications, and a fee for additional public meetings, it does not contain a fee for dormant applications. It is suggested that such a fee be introduced. This fee will be applied to applications other than proposed plans of subdivision and in situations where no additional public meeting is required. The fee shall be 25% of the original application fee to a maximum of $1000. 2.4 Administration Fee All applications are required to be submitted with drawings folded to approximately 8.5 x 11 to accommodate circulation to agencies and ease of filing. Application forms clearly contain this requirement and applicants and their agents are reminded of the requirement in the preconsultation meeting. Although generally this requirement is complied with it is recommended that a new fee be introduced for staff to fold plans of $5.00 per plan. This task is not difficult, however depending on the submission can involve over a hundred sheets of paper which is very time consuming. Should Council adopt this new fee, when a submission is received which is not folded the applicant/agent will be given the option to fold the plans or pay the fee to have staff fold the plans. 3. CONCURRENCE - Not applicable 4. CONCLUSION 4.1 It is respectfully recommended that Fee By-law, as contained in the By-law Amendment attached hereto, being Attachment 1 to Report PSD-101-11, be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan 8-41 REPORT NO.: PSD-101-11 PAGE 4 I Staff Contact: Carlo Pellarin I i Attachment: i Attachment 1 - Revised Fee By-law Interested parties to be notified of Council's decision: BILD Durham i 8-42 Attachment 1 To Report PSD-101-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011 — being a by-law to amend Schedule A of the Fee By-law 2010-142 WHEREAS Subsection 69(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides that by-laws may be passed by the council of'a municipality to establish a tariff of fees for the processing of applications made in respect of planning matters; and WHEREAS Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a authorizes a municipality to impose fees or charges for services or activities provided or done by or on behalf of it. NOW THEREFORE.BE IT RESOLVED that the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. Commencing January 1, 2012, the fees for services provided by the Municipality under By-law No 2010-142 shall be amended by the following Schedules to this By-law: Schedule"A"—Planning Services and Legal Services Departments BY-LAW read a first, second and third time and finally passed this 19th day of December 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-43 BY-LAW 2010-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 TYPE OF APPLICATION PRICE Official=Plan-Amendment note=7 - _ -__ Minor Application $5,266.00 Major Application note 1 $12,638.00 Aggregate Pit or Qua $26,329.00 Adoption of Amendment $2,170.00 Regional Official Plan Amendment Review' $1,302.00 ROPA Review not part of a local OPA $2,170.00 Neighbourhood Design Plan $15,798.00 Neighbourhood Design Plan Amendment $3,190+Facility Rental VARIES Zontn B -laJieAmendment note.? Major note 3 $5,423.00 Minor $2,170.00 Removal of H Holding Symbol $2,170.00 Removal of Environmental Holding Symbol,(Zoning By-law 2005-109 $515.00 Residential $10,635+$266/unit, $54 forapartment unit VARIES _ Non-Residential $5,423.00 Preparation of Subdivision Agreement note 5 $3,060.00 Preparation of Subdivision Agreement Amendment note 5 $612.00 Plans for approval only no agreement) $976.00 _ O Redlane:Revisions.to:DraftA'-rovaGPian:ofSubdivision'-note? - _ Major $7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additional/unit $54/a artment note 6 VARIES Ma or Revisions to Subdivision°A lications.N&Draft A `roved note 7 ` Where original application was filed prior to Jul 1,2000 $10,635+$266 1unit $54/apartment)) J VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266!unit($54/apartment) VARIES Where original application was filed after December 31,2006 $5,423.00 Subdivision Clearance $2,170.00 Extension of Draft Plan Approval $2,170.00 Draff=Plan of Condominium nofe.7 _ -_ Residential and Non-Residential $5,317+$27/unit note 10 VARIES Application for Condominium Conversions $5,317+$27/unit note 10 VARIES Preparation of Condominium Agreement note 5 $3,060.00 Preparation of Condominium Agreement Amendment note 5 $612.00 Condominium Clearance $1,627.00 - P..ait'Lot"Control $774+$52/unit maximum$8,260 VARIES - Site.Pian.A '-7ova1/Amendment note 7 -- Telecommunications Towers $5;263.00 Residential Use $3,190+$207/unit VARIES Commercial Use $3,190+$27/100m2 commercial gross floor area) VARIES Mixed Use Building $3,190+$27/100m2 commercial gross floor area+$54/residential unit maximum$15,952 VARIES Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $976.00 Amendment-Residential Use $638+$27/unit maximum$5,317 VARIES Amendment-Commercial Use($1,595+$27/100m2 commercial gross floor area(maximum$15,952)) VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum VARIES $15,952 Amendment-Industrial/Other Use($638+$11/100m2 gross floor area(maximum$6,381)) VARIES Minor Site Plan/Oak Ridges Moraine note 2 $543.00 Sales Trailer/Model Home $1,084.00 Preparation of Section 41 Agreement note 5 $408.00 Preparation of Section 41 Agreement Amendment note 5 $408.00 Landscape inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5%of VARIES the landscape cost estimate with a minimum of$1,000 TYPE OF APPLICATION PRICE _- Minor Variance Application(note 4) $461.00 Tabling Fee applicant initiated $108.00 Re-circulation(applicant initiated) $108.00 Permanent — $158.00 Temporary $79.00 8-44 BY-LAW 2010-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 Si n`'B lavi! Variance $461.00 Amendment $1,054.00 Application $54.00 Certificate $54.00 Rental Protection Act $1,122.00 Clearance-Letter — - _.--_ _ '- •- = - - Zoning $114.00 Subdivision $114.00 Miscellaneous(including outstanding work orders&building compliance) $114.00 --s �� ",,-�a` r - w•^.s� �. mn Review Fee $310.00 Preparation of Section 53 Agreement note 5 $408.00 Peer Review(Applicant responsible for 100%Municipality's full costs of undertaking a Peer Review) VARIES Comments on Applications Under the Green Energy Act $5,263.00 ` MEN-- -- Street Name Change Request $1,627.00 Activation of a dormant application not requiring a Public Meeting-25%of the initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent public VARIES meetin $1 063+Facili Rental Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where VARIES notice is provided through the local newspaper($1,595+Facility Rental) Application Involving Review Under EPA and/or EAA Process additional fee $12,240.00 Qthd -_ Ontario Municipal Board Related Administration Fee note 8 VARIES Pre'aratjon of Development/Servicing Agreement note 5 and note 9 VARIES Folding of drawings accompaning a submission fee per sheet $5.00 Notarial Fee By Municipal Solicitor $20.00 Commissioners Fee By Municipal Staff $20.00 Publications_ Small Maps $4.00 Large Maps $13.00 Aerial Photography(colour) $4.00 Official Plan Colour Map $3.00 Clarington Official Plan $72.00 Clarington Zoning By-law $72.00 Clarington Street Name Index CD Format $15.00 Studies: Under 40 pages $12.00 40-100 pages $24.00 100-200 pages $41.00 Real Property Transactions For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule;land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Nofe 9 The following are criteria for determining what constitutes a Major Official Plan Amendment application: New golf courses or expansion to existing golf courses; New waste facility or expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 mZ; Deletion or addition of arterial or collector road;and/or -Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or A minor alteration to an existing site plan to revise parking,add a patio,add a storage building,revise signage,add or delete portables,etc. 8-45 BY-LAW 2010-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: Associated with an Official Plan Amendment; Associated with an application for proposed Plan of Subdivision; -Application involving multiple properties,except for commercial and industrial related applications;and/or Any application that requires the review of technical support documents or studies(e.g.environmental analyses,transportation studies,retail market studies),except for commercial and industrial related applications Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/ , link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not Include the cost of registering the agreement and all related documents(e.g.Transfers, Postponements,or Inhibiting orders)in the Land Registry office.The cost of such registrations is as follows: Initial registration$250.00 piusJ32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 HST,plus disbursements. Applicants must provide the Municipality(Legal Services)with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval: -Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications,the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the preparation.of any development/servicing agreement other than a subdivision agreement,Section 41 agreement or a Section 53 agreement,the applicant is required to reimburse the Municipality for its legal costs.If the legal work is undertaken by the Municipal Solicitor,it will be charged at the rate of $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. 8-46 i i BY-LAW 2010-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 :TYPE OF APPLICATION PRICE Qffic�al Plan-Amendment nofe'7 - -- - --- Minor Application $5,398.00 Major Application note 1 $12,954.00 Aggregate Pit or Qua $26,987.00 Adoption of Amendment $2,224.00 Regional Official Plan Amendment Review $1,334.00 ROPA Review not part of a local OPA $2,224.00 Neighbourhood Design Plan $16,193.00 Neighbourhood Design Plan Amendment $3,190+Facility Rental VARIES Zonin B^=law Amendment note 7 - - - -_ --_ Major note 3 ~$5,559.00 Minor $2,224.00 Removal of H Holding Symbol $2,224.00 Removal of Environmental Holding Symbol(Zoning By-law 2005-109 $528.00 .Residential $10,635+$266/unit, $54 forapartment unit VARIES Non-Residential $5,559.00 Preparation of Subdivision Agreement note 5 $3,137.00 Preparation of Subdivision Agreement Amendment note 5 $627.00 Plans for approval only no agreement) $1,001.00 Red.Line-Revisions to Draft A..royal P-.Ian of Subdivision note 7 - _ Major $7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additional/unit $54/apartment note 6 VARIES Ma'or Revisionsto'Subdivisiori A"-lications'Not DraftA roved'note 7 Where original application was filed prior to Julyl,2000($10,635+$266/unit($541 apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/apartment) Where original application was filed after December 31,2006 $5,559.00 Subdivision Clearance $2,224.00 Extension of Draft Plan AppKoval $2,224.00 D-raft Plan=of Condominium:note 7 - - Residential and Non-Residential($5,317+$27/unit) note 10 VARIES Application for Condominium Conversions $5,317+$27/unit note 10 VARIES Preparation of Condominium Agreement note 5 $3,137.00 Preparation of Condominium Agreement Amendment note 5 $627.00 Condominium Clearance $1,668.00 Part LotC00edl note? $774+$52/unit maximum$8,260 VARIES Site'Plari:A°-foVal/:Amendment note-7` Telecommunications Towers $5,395.00 Residential Use($3,190+$207/unit) VARIES Commercial Use $3,190+$27/100m2 commercial gross floor area VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952) Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $1,001.00 Amendment-Residential Use $638+$27/unit maximum$5,317 VARIES Amendment-Commercial Use($1,595+$27/100m2 commercial gross floor area(maximum$15,952)) VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum VARIES $15,952 Amendment-Industrial/Other Use($638+$11/100m2 gross floor area(maximum$6,381)) VARIES Minor Site Plan/Oak Ridges Moraine note 2 $556.00 Sales Trailer/Model Home $1,111.00 Preparation of Section 41 Agreement note 5 $418.00 Preparation of Section 41 Agreement Amendment note 5 $418.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5% VARIES of the landscape cost estimate with a minimum of$1,000 TYPE OF APPLICATION PRICE -- Minor Variance Application note 4 $473.00 Tabling Fee applicant initiated $111.00 Re-circulation(applicant.initiated $111.00 Permanent $162.00 7 Temporary $81.00 8-4 BY-LAW 2010-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 - Variance - $473.00 Amendment A artment=ln House- .7 $1080.00 Application = - $55.00 Certificate $55.00 Rental Protection Act $1,150.00 Clearance Letter. Zonin Subdivision $117.00 $1.17.00 Miscellaneous(including outstanding work orders&building compliance) $117.00 Review Fee $318.00 Preparation of Section 53 Agreement note 5 $418.00 Peer Review(Applicant responsible for 100%Municipality's full costs of undertaking a Peer Review) VARIES Comments on Applications Under the Green Energy Act $5;395.00 ter, Street Name Change Request $1,668.00 Activation of a dormant application not requiring a Public Meeting-25%of the initial appliction fee or$1000 VARIES whichever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental) Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice is provided through the local newspaper($1,595+Facility Rental) VARIES A lication Involvin Review Under EPA and/or EAA Process additional fee $12,546.00 VARIES Ontario Munici al Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement(note 5 and note 9} VARIES Folding of drawings accompaning a submission(fee per sheet}. $5.00 Notarial Fee By Municipal Solicitor $21.00 Commissioners Fee By Municipal Staff $21.00 Pdblic_atioor. - - Small Maps $5.00 Large Maps $14.00 Aerial Photography(colour) $5.00 Official Plan Colour Map $3.00 Clarington Official Plan $74.00 Clarington Zoning By-law $74.00 Clarington Street Name Index CD Format $16.00 Studies: Under 40 pages $13.00 40-100 pages $25.00 100-200 pages $42.00 Real Property Transactions For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule; land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance v%ith notes 5 and 9 below. Note 1 — - - The following are criteria for determining what constitutes a Major Official Plan Amendment application: New golf courses or expansion to existing golf courses; New waste facility or expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 m2; -Deletion or addition of arterial or collector road;and/or Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or A minor alteration to an existing site plan to revise parking,add a patio,add a storage building,revise signage,add or delete portables,etc. 8-48 i BY-LAW 2010-00_ I SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 Note 3 j The following are criteria for determining what constitutes a major Zoning By-law Amendment application: -Associated with an Official Plan Amendment; -Associated with an application for proposed Plan of Subdivision; Application involving multiple properties,except for commercial and industrial related applications;and/or Any application that requires the review of technical support documents or studies(e.g.environmental analyses,transportation studies,retail market studies),except for commercial and industrial related applications Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/ link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a device including a ramp that aids persons with physical disabilities in gaining access to'a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents(e.g.Transfers, Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 HST,plus disbursements. Applicants must provide the Municipality(Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval: -Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications,the total fees payable shall Include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the preparation of any development/servicing agreement other than a subdivision agreement,Section 41 agreement or a Section 53 agreement,the applicant is required to reimburse the Municipality for its legal costs.If the legal work is undertaken by the Municipal Solicitor,it will be charged at the rate of $175 1hour._ if the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any.application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. 8-49 BY-LAW 2010-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 TYPE OF APPLICATION PRICE - t Official-PIa_ n.Arfientlmenf=6 6W 7)---- Minor Application $5,560.00 Major Application note 1 $13,342.00 Aggregate Pit or Quarry $27,797.00 Adoption of Amendment $2,290.00 Regional Official Plan Amendment Review $1,374.00 ROPA Review not part Of a local OPA $2,290.00 Neighbourhood Design Plan $16,$78.00 Neighbourhood Design Plan Amendment $3,190+Facility Rental VARIES -_._ _. _ Zonin"B aawAmendment Major note 3 $5,726.00 Minor $2,290.00 Removal of H Holding Symbol $2,290.00 Removal of Environmental Holding Symbol(Zoning By-law 2005-109 $544.00 - HIM a Draft Plan ofS0bdivisi6ri note 7 1- Residential $10,635+$266/unit, $54 fora artment unit VARIES Non-Residential $5,726.00 Preparation of Subdivision Agreement note 5 $3,231.00 Preparation of Subdivision Agreement Amendment note 5 $646.00 Plans for approval only no agreement) $1,031.00 Red brie Revisions?to Daft royal Plan:of Subdivision note 7 - - -_ - -- Major($7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additional/unit $54/a artment note 6 VARIES - — Ma'oi•:Revisions=to-Subdiv!sion:A' lications-NOfDraftA roved note•`? Where original a lication was filed prior to Jul 1,2000 $10,635+$266/unit $54/apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/apartment Where original application was filed after December 31,2006 $5,726.00 Subdivision Clearance $2,290.00 Extension of Draft Plan Approval $2,290.00 DraftPlan'ofCondomigium'vote-7 -= _ •-� °= -_ - Residential and Non-Residential $5,317+$27/unit note 10 VARIES Application for Condominium Conversions $5,317+$27/unit note 10 VARIES Preparation of Condominium Agreement note 5 $3,231.00 Preparation of Condominium Agreement Amendment note 5 $646.00 Condominium Clearance $1,718.00 Part=Lot.Coritrol-note 7 $774+$52/unit maximum$8,260 VARIES x Site Plan A roval/Amendment note 7 - Telecommunications Towers $5,557.00 Residential Use $3,190+$207/unit VARIES Commercial Use($3,190+$27/100m2 commercial gross floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952 Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $1,031.00 Amendment-Residential Use $638+$27/unit(maximum$5,317)) VARIES Amendment-Commercial Use $1,595+$27/100m2 commercial gross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum VARIES $15,952 Amendment-Industrial/Other Use $638+$11/100m2 gross floor area maximum$6,381 VARIES Minor Site Plan/Oak Ridges Moraine note 2 $573.00 Sales Trailer/Model Home $1,145.00 Preparation of Section 41 Agreement note 5 $431.00 Preparation of Section 41 Agreement Amendment note 5 $431.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5% VARIES of the landscape cost estimate with a minimum of$1,000 TYPE OF APPLICATION PRICE --- Committee:o"fAB'ustmenf note'7'`=;T Minor Variance Application note 4 $487.00 Tabling Fee applicant initiated $114.00 Re-circulation applicant initiated $114.00 Si n_P_ermit Permanent $167.00 Temporary $83.00 Variance $487.00 8-50 Amendment $1,112.00 BY-LAW 2010-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 A artme-rit Application $57.00 Certificate $57.00 Rental Protection Act $1,185.00 Clea�ance_Lefter = - - - _ - Zoning -'$121.00 Subdivision $121.00 Miscellaneous(including outstanding work orders&building compliance) $121.00 LandTIM916n - Review Fee $327.00 Preparation of Section 53 Agreement note 5 $431.00 - Peer Review(Applicant responsible for 100%Municipality's full costs of undertaking a Peer Review Comments on Applications Under the Green EnerqV Act $5,557.00 Street Name Change Request $1,718.00 -- •-gam._.-ter_._., r.= Activation of a dormant application not requiring a Public Meeting-25%of the initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental) Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice is provided through the local newspaper($1,595+Facility Rental) VARIES Application linvol ing Review Under EPA and/or EAA Process additional fee $12,922.00 Ontario Munici al Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement(note 5 and note 9) VARIES Foldin of drawin s accom anin a submission fee er sheet $5.00 Notaral Fee B .Municipal Solicitor $22.00 Commissioners Fee B Munici al Staff $22.00 Publications - _ Small maps $5.00 Large maps $14.00 Aerial Photography(colour) $5.00 Official Plan Colour Map $3.00 Ciarington Official Plan $76.00 Clarin ton Zoning By-law $76.00 Ciarington Street Name Index CD Format $16.00 Studies: Under 40 pages $13.00 40-100 pages $26.00 100-200 pages $43.00 Real Property Transactions For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule;land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Note 9 The following are criteria for determining what constitutes a Major Official Plan Amendment application: -New golf courses or expansion to existing golf courses; -New waste facility or expansion to existing waste facility; -Expansion to urban boundary or re-designation of Future Urban Residential lands; -Hamlet expansion where a settlement capacity study is required; -Commercial Development greater than 2,500 m2; -Deletion or addition of arterial or collector road;and/or -Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application: A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or A minor alteration to an existing site plan to revise parking,add a patio,add a storage building,revise signage,add or delete portables,etc. 8-51 BY-LAW 2010-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: Associated with an Official Plan Amendment; Associated with an application for proposed Plan of Subdivision; -Application involving multiple properties,except for commercial and industrial related applications;and/or j -Any application that requires the review of technical support documents or studies(e.g.environmental analyses, studies,retail market studies),except for commercial and industrial related applications Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/ link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 HST,plus disbursements. Applicants must provide the Municipality(Legal Services)with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval: -Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications,the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees and consultant/witness fees where required,but excluding the costs ofthe Planning Department staff. Note 9. For the preparation of any development/servicing agreement other than a subdivision agreement,Section 41 agreement or a Section 53 agreement,the applicant is required to reimburse the Municipality for its legal costs.If the legal work is undertaken by the Municipal Solicitor,it will be charged at the rate of $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule"A"shall remain in effect from the year 2014 until further notice. I 8-52 PLANNING SERVICES DEPARTMENT i Clarftwn REPORT i Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: Report#: PSD-102-11 File #: Subject: DELEGATION OF AUTHORITY IN PLANNING SERVICES FUNCTIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-102-11 be received; and 2. THAT Council pass a by-law to delegate to the Director of Planning Services the following additional functions: a) the authority to execute agreements imposed or required in satisfaction of any condition of approval under the Planning Act regarding the development of land including plans of subdivision, plans of condominium, land division, exemption from part lot control, site plans and rezoning; b) the authority to approve releases from agreements where development has not proceeded; c) the authority to refuse a planning application where the file has remained inactive for more than one (1) year and only after the applicant has been given 60 days written notice that the application will be refused and has not responded or objected; d) the authority to approve draft plans of condominium where a public meeting is not required in accordance with Section 9(10) of the Condominium Act and Reg. 544/06 of the Planning Act; e) the authority to approve part lot control applications so that the by-law would be presented directly to Council for adoption without debate; 3. THAT the Clerk be authorized to amend the Procedural By-law to implement Sections 4.1 and 5.1 of Report PSD-102-11; and 4. THAT the Region of Durham Planning Department and all interested parties to Report PSD-102-11 be notified of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-53 i REPORT NO.: PSD-102-11 PAGE 2 I i i i f f � Submitted by: _,� Reviewed by: avi J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer DJC:sn December 7, 2011 8-54 i i REPORT NO.: PSD-102-11 PAGE 3 1. BACKGROUND The Planning Services Department seeks to continuously improve or enhance customer service. To this end, in 2010, we established a Process Improvement Team (PIT) of front line staff to examine ways to improve our communication with clients as well as internal processes. One, of many ideas advanced by the PIT is to look to the delegation of part-lot control applications to staff. The Municipality's "Community Strategic Plan: 2011-2014" established a strategy, 2.5 to "undertake a review of municipal processes and regulations to streamline the Municipality's processes". This is an initiative to begin in 2012 with additional staff resources. There are some functions that staff undertake on behalf of Council under existing delegations or/and processes. As an interim step in reviewing municipal processes, this report examines some additional functions that could be delegated to staff which would aid in improving workflow, and timely response to clients. The initial objective was to seek delegation to approve by-laws to lift part lot control and by-laws for the removal of holding symbols in the Zoning By-law. Unfortunately, for reasons explained later in this report, at present the ability to approve by-laws, even for routine matters, cannot be implemented by delegation to staff. 2. CHANGES TO THE MUNICIPAL ACT For many years, Sections 41(13)(b) and 51.2(1) of the Planning Act, have enabled Council to delegate, by by-law, much of its authority with respect to site plan control and plan of subdivision approvals to an appointed officer of the Municipality. In 2006, the Municipal Statute Law Amendment Act, 2006 (Bill 130) amended the Municipal Act, 2001 to provide municipal councils with enhanced opportunity to delegate routine administrative matters. The intent of the amendment was to help create an effective and efficient governance structure that enables Councils to focus on their priorities. Sections 23.1 to 23.5 of the Municipal Act, 2001 enable municipalities to delegate certain Council responsibilities to: ® One or more Councillors or a Council Committee; ® A body having at least two members of whom at least 50 percent are Councillors, individuals appointed by Council, or a combination of Councillors or individuals approved by Council; and ® An individual who is an officer, employee or agent of the Municipality. 8-55 I REPORT NO.: PSD-102-11 PAGE 4 When considering delegating any of its authority to an individual, the Municipal Act requires that Council be satisfied that the power being delegated is of a minor nature having regard for the number of people, the .size of geographic area and the time period affected by an exercise of the power. Additionally, Section 270(1)6 of the Municipal Act requires the Municipality to adopt and maintain policies with respect to the delegation of its powers and duties. With respect to Council powers and duties related to applications made under the Planning Act, the Municipal Act clarifies that Council does not have the ability to delegate its power to: • adopt an Official Plan • adopt an Official Plan Amendment • pass a Zoning By-law, or • adopt a Community Improvement Plan if the plan contains certain financial decision-making provisions. In accordance with Section 5(3) of the Municipal Act, any Council delegation of authority must be effected by by-law. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power. 3. CURRENT DELEGATED FUNCTIONS Over the years, Council has delegated certain functions to the Director of Planning Services or to the Director of Planning Services and the Director of Engineering Services concurrently. 3.1 Site Plan Approval The Director of Planning Services and the Director of Engineering Services have been delegated the power to approve site plan drawings and impose conditions of site plan approval. The Site Plan Control By-law also authorizes the Mayor and Clerk to execute any agreements that may be required to implement the approval. 3.2 Plans of Subdivision and Plans of Condominium By-law 2001-072 delegates all of Council's powers under Section 51 of the Planning Act to the Director of Planning Services. This includes the power to approve draft plans of subdivision, amend conditions of approval of plans of subdivision, and approve final plans of subdivision for registration. This similarly applies to plans of condominium. 8-56 REPORT NO.: PSD-102-11 PAGE 5 3.3 Consent Agreements By-law 92-43 authorizes the Mayor and Clerk to execute agreements required as a condition of a consent to sever land under Section 53 of the Planning Act. Staff issue comments with respect the Municipality's position on applications to the Durham Region Land Division Committee. 3.4 Complete Applications Council delegated to the Director of Planning Services the authority to deem applications made under the Planning Act as "complete" with the enactment of By-law 2007-131. This was the result of the more recent changes to the Planning Act to ensure that when applications are made, there is all of the required information available at that time for the Municipality to be able to undertake its review within the prescribed timeframes. 3.5 Community Improvement Plan(CIP) Grants The Community Improvement Plans for Orono, Newcastle and Bowmanville include grant programs. The approved CIPs delegate to the Director of Planning Services or designate the final decision regarding eligibility for funding, approval of funding or withdrawal of funding in the event of certain circumstances. The Director has authority to execute agreements for the grants within parameters set in the CIP Project Plan and the current year's capital budget approved by Council. The largest possible grant is $10,000 for one of the programs and a maximum of$50,000 for a property, utilizing various programs (facade improvement, signage improvement, building code upgrades, planning and building fees, etc.). . 3.6 Minor Heritage Permits The Beech Avenue Heritage Conservation District Plan identifies activities that require a heritage permit, in addition to any other municipal approvals (e.g. building permit). By-law 2006-102 delegates that approval of Minor Heritage Permits to the Director of Planning Services for approval. 4. PROPOSED ADDITIONAL DELEGATED FUNCTIONS 4.1 Exemption from Part Lot Control Section 50(5) of the Planning Act generally prohibits land within a registered plan of subdivision from being further subdivided and conveyed. This is referred to as part lot control. Exempting land from part lot control generally occurs where a plan of subdivision has been draft approved and registered with blocks for freehold multiple dwellings or semi-detached dwellings. In these instances, it is appropriate to determine the lot line between the units once the building foundation has been poured and/or walls erected. Lot lines are established in accordance with the as-built common walls. Approval of a by-law to exempt lands from part lot control is required by the developer prior to the closing of a house sale. 8-57 REPORT NO.: PSD-102-11 PAGE 6 This is a routine administrative function. At the point that the lifting of part lot control is considered, Council through a public process would have previously authorized the draft approval of the plan of subdivision and amended the Zoning By-law for the proposed use. From a customer service perspective, we occasionally have problems if developers have not submitted their applications in a timely manner or may not have realized that the lifting of part lot control has expired. There are times when this would create a hardship for the home purchaser, particularly during the summer recess when Council cannot approve a by-law to exempt certain lands from part lot control. This is an appropriate power for delegation. However, when Bill 130 was enacted to allow for greater delegation of powers, it would seem that corresponding changes to other sections of the Municipal Act to implement this were overlooked. Section 249 of the act provides that every by-law "shall be signed by the clerk and by the head of council or presiding officer at the meeting at which the by-law was passed." Thus while it is concluded that the power to pass a by-law may be delegated to a committee or individual, the procedures outlined in the Municipal Act do not provide a means to implement this. It is recommended that the Director of Planning be delegated the authority to approve a part lot control application but the by-law itself would still have to be enacted by Council. The Clerk has indicated that she is prepared to recommend an amendment to Section 7.11.1 of the Procedural ey--law which would allow for the by-law to be presented to Council based on the Director's approval of the Part Lot Control application, without the matter first being considered by Council or GPA. This amendment has the potential of slightly expediting the process during the timeframe when Council is meeting and reducing staff time in report writing; however, it does not address the issue of Part Lot Control approval during summer recess. If Council agrees with delegating the approval of the application to the Director, Council would not be able to debate the merits of the application but would simply enact the by-law. 4.2 Condominiums that do not Require a Public Meeting There are six types of condominiums: ® Leasehold— a form of ownership where a unit is owned by the occupant while the condominium corporation can lease the land and a third party can retain ownership in the land. 8-58 i i REPORT NO.: PSD-102-11 PAGE 7 • Vacant Land— a plan of condominium where the common elements and units are created but no buildings or structures have been constructed at the time of registration of the condominium plan. This works like a small subdivision where the road and other common elements are established but each owner has flexibility to choose their own building design. • Common Elements— a plan of condominium where the condo corporation retains ownership of the common elements portion of the condominium (such as internal roads, greenspace, visitor parking and garbage collection areas). The owner's enjoy freehold ownership of their house but have common interest with other owners for the common elements. • Standard— the traditional condominium where the title of a unit is held together by a share in the rest of the property, which is common to all. Usually, condominium ownership begins with the interior wall of the unit. • Phased— a condominium where it is developed in phases, allowing for the sale of units while other areas of the development are still under development. • Conversion from Rental to Condominium Status— this situation is a variation of a standard condominium which occurs for an existing building which is currently occupied on a rental basis but is converted to condominium tenure. In Clarington, to date we have had only standard condominiums and more recently common elements condominiums. Since condominium applications are about the tenure of a building or buildings, in most cases the principle of development has been previously determined by Council. For example, a high density block in a plan of subdivision was approved for apartment buildings but did not bind the proponent to rental or condominium tenure. Only Vacant Land Condominiums and Common Elements Condominiums are required to have public meetings, since they divide land into parcels for freehold ownership, much like a plan of subdivision. It should be noted that with the shortage of rental housing in Durham, there are policies in the Regional and Clarington Official Plan with respect to the conditions which would allow for a condominium conversion. We would also hold public meetings for conversions of rental housing to condominium tenure. Council previously delegated approval of plans of condominium. We have traditionally brought all condominium applications to Council for review prior to the Director's approval. In most cases, the project will have already received site plan approval under delegated authority and the building is likely fully or partially constructed at that point. We are seeking to amend procedures and the delegation so Planning would only report to Council on a condominium application where a public meeting is required. 8-59 i REPORT NO.: PSD-102-11 PAGE 8 It is recommended that the Delegation By-law clarify that the Director of Planning Services be authorized to approve plans of condominium that do not require a public meeting, subject to reporting to Council periodically. 4.3 Execution of Agreements At the present time, the Site Plan Control By-law authorizes the Mayor and Clerk to execute agreements related to site plan approval under Section 41 of the Planning Act. In addition, Council by by-law authorized the Mayor and Clerk to execute any agreement required with respect to a Land Division application approved by the Regional Land Division Committee. In all other cases, the staff report dealing with planning applications such as a plan of subdivision or plan of condominium, or in the rare case rezoning, the execution of an agreement would have to be authorized by Council through a recommendation in a report. It is recommended that the execution of agreements imposed or required in satisfaction of any condition of approval under the Planning Act in connection with the development of land including plans of subdivision, plans of condominium, land division, exemption from part lot control, site plans and rezoning be delegated to the Director of Planning Services and the Clerk subject to the agreements being in a form as approved by the Municipal Solicitor. In addition to executing agreements, there may be the occasional time when a development application is approved; agreements are executed and registered against title but the development does not proceed. In this circumstance, a subsequent owner may want a release from the agreement that is registered on title. This may or may not be done in the context of a new application. It is a very rare circumstance but in this circumstance, if Council determines to grant authority to the Planning Services Director and the Clerk to execute agreements, it would be appropriate to also delegate authority to release a subsequent owner. It is recommended that the Director of Planning Services be delegated the authority to grant a release from an agreement that has been executed in connection with the development of land where the application is no longer proceeding. The release would be in a form approved by the Municipal Solicitor. 4.4 Closing Inactive or Dormant Development Applications For various circumstances, the occasional development proponent does not actively pursue the approval of applications by addressing issues raised in the circulation and review. 8-60 REPORT NO.: PSD-102-11 PAGE 9 Where Council hold a public meeting, the application is referred back to staff to continue processing. Our practice has been that when Council has made this type of resolution, Planning Staff will report back to have the application refused and the file closed. For site plan applications, which have been delegated, Planning Staff will close files when the applicant no longer is pursuing the application. The Director of Planning Services has also been delegated functions that enable the closing of subdivision files. However, most subdivision files also have related rezoning application and our practice has been to report to Council to close these files. It is recommended that the Director of Planning Services be delegated the authority to refuse a planning application where the file has remained inactive for more than one (1) year and only after the applicant has been given written notice that the application will be refused and given 60 days to respond. In a circumstance where the applicant does not agree with the decision to refuse the application and close the file, staff may still report to Council to consider closing a file which is dormant. 4.5 Sign By-law Amendments The current By-law 2009-123 does not provide opportunity for administrative variances to signs. Under separate report (PSD-103-11), it is proposed that the Sign By-law be amended to provide for limited administrative variances without seeking amendments to the By-law. 5. PROPOSED PROCEDURAL CHANGES 5.1 Removal of a Holding Symbol In many instances, when a property is rezoned, a Holding Symbol "H" will be placed on the zone to prevent development on the site until conditions of draft plan approval for a subdivision have been satisfied or conditions of site plan approval have been negotiated and an agreement entered into. There may be additional considerations for the lifting of the H symbol as well, as determined by the Official Plan policy. In many circumstances, the lifting of the Holding Symbol could be considered a routine matter, particularly where Council has previously considered a site- specific application. That is not to say that in all cases the lifting of a Holding Symbol can be considered a routine matter. For example, there could be a property that has a long standing holding symbol on it from the time of the adoption of the Zoning By-law. Council may never have considered a development application through the rezoning or subdivision process. In considering the lifting of the holding symbol, there is no requirement for public notice, except to the applicant. There is no public meeting and the zone provisions and performance standards are established. Lastly there is no opportunity for a member of the public to appeal the approval of a by-law for removal of a holding symbol. 8-61 i i REPORT NO.: PSD-102-11 PAGE 10 I I i i Indeed Council may have limited discretion available to deny an application. I However, an amendment to a Zoning By-law to lift the holding symbol remains a legislative action because of its underlying effect. This is reflected in Section 23.3(1) of the Municipal Act which provides certain restrictions on delegation including restrictions on the power to pass a Zoning By-law. Since the lifting of the holding symbol is a Zoning By-law, it has been determined that this power cannot be delegated to staff. Although the problem we sought to address cannot be dealt with through delegation, it could be somewhat mitigated with a change to Council's procedures. It is recommended that the Procedural By-law be changed to permit Planning Staff Reports for the lifting of a holding symbol to be submitted directly to Council, without first going to the GPA Committee. This would be for urgent circumstances as determined by the Director of Planning, particularly before the summer and Christmas recess improve efficiency. Even with regularly scheduled meetings, this could mean a difference of up to three weeks, which is substantial in the construction season. 5.2 Reporting on Minor Variance Applications Our current practice is to report on the decisions of the Committee of Adjustment at the next possible meeting of the General Purpose and Administration Committee. Our reports outline not only the decision but go into some detail to explain the reasons for the recommendation, the consideration of the Committee and the variance from the recommendations of staff, if any. Our reports also request that Council concur with the decision of the Committee of Adjustment and authorize staff to support the decision where if conforms with the recommendation of staff. The report may also recommend that an appeal be filed. In certain circumstances, such as during Christmas or summer recess or due to the scheduling of meetings, the deadline for filing an appeal may be in advance of a Council meeting. Staff may initiate an appeal and subsequently seek Council's confirmation. Staff would continue with the appeal or withdraw it depending on Council's direction. Over the last 5 years, there have been 6 appeals of the decisions of the Committee of Adjustment; there have been a total of 293 decisions. Council has initiated 3 of these appeals on staff's recommendation and the applicant or third parties have initiated 3 appeals. This is an average of 1.2 appeals a year, yet we report to Committee approximately 13 times a year for concurrence of the Committee's decision to authorize a municipal position in the event of an OMB hearing. 8-62 REPORT NO.: PSD-102-11 PAGE 11 For the most part, the scheduling of the hearing before the Ontario Municipal Board takes some time, usually around 4-6 months from the filing of the appeal. Staff time preparing reports to GPA Committee could be minimized if it was done on a periodic basis. It would appear that reporting three times a year would be suitable. Staff would initiate any appeals that were deemed important and upon consideration of the periodic report, Council could confirm or withdraw the appeal. This would be similar to the process now used for the summer recess. Any applicant or third party appeals could be addressed in the report and Council's concurrence with the decision of the Committee of Adjustment would be obtained at the time of the periodic report. There is the remote possibility that Council may wish to appeal a decision which staff had not recommended. However, we can remember no occasion where Council has even discussed this possibility let alone initiate such an appeal of the Committee's decision. Every municipal appeal has been the result of a staff recommendation. It is recommended that staff report on the activities of the Committee of Adjustment periodically with the understanding that staff would initiate any appeal deemed necessary and report to obtain Council's concurrence in the periodic report. 6. CONCURRENCE: This report has been reviewed by the Municipal Clerk and Municipal Solicitor who concur with the recommendations. 7. CONCLUSION The 2006 amendments to the Municipal Act provided for enhanced opportunities for municipal councils to delegate more routine matters to Committees or individuals. In addition, the Planning Act has provided for delegations of a number of powers to staff. After reviewing potential improvements to enhance customer service, the delegations and procedural changes proposed within this report provide for the opportunity to streamline some processes and reduce staff time spent preparing reports to Council on routine matters. It should be noted that not all delegated functions are included within the attached by-law. The subdivision delegation by-law, the site plan control by-law would remain in force as is, in part because they address other matters or are known by the Land Registrar. The sign by-law would contain delegation provisions if Council approves Report PSD-103-11 8-63 I REPORT NO.: PSD-102-11 PAGE 12 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: David Crome Attachments: Attachment 1 - Proposed Delegation By-law Attachment 2 — Proposed Amendment to Procedural By-law . List of interested parties to be advised of Council's decision: BILD Durham Clarington Board of Trade 8-64 Attachment 1 To Report PSD-102-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a by-law to delegate authority to the Director of Planning Services WHEREAS Sections 23.1 to 23.5 of the Municipal Act, 2001, authorize municipalities to delegate powers and duties under the Municipal Act, 2001, or any other Act subject to certain restrictions and reporting requirements; WHEREAS the Planning Act allows certain functions to be delegated to a municipal official; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: INTERPRETATION 1. In this By-law, "General Purpose and Administrative Committee"means the Municipality's committee of Council known as the General Purpose and Administrative Committee or its successor committee of Council appointed to deal with matters contained within this By-law; 2. In this By-law, reference to Municipal Officials includes designates of such officials. 3. Schedule"A" is attached to and forms part of this By-law. DELEGATION 4. Within each row of each table in Schedule"A", the authority described in the column entitled"Delegated Authority" is delegated to the person or persons identified in the column entitled "Delegate", subject to the restrictions, if any, in the column entitled "Delegation Restrictions". 5. Within each row of each table in Schedule"A", each person identified in the column entitled "Delegate"shall report or communicate in the manner, if any, specified in the column entitled "Communication". GENERAL 6. For the purpose of subsection 23.2(4)of the Municipal Act, 2001, it is the opinion of Council that any legislative powers delegated pursuant to this By-law are of a minor nature. 7. In the event of any inconsistency between this By-law and any other Municipal By-law,the provision that more effectively delegates authority prevails to the extent of the inconsistency. 8. This By-law is effective on the date of its passing. 9. The short title of this By-law is the"Planning Services Delegation By-law". 8-65 REPEAL 10. The following by-laws are repealed: a) By-law 92-43, being a by-law to authorize the Mayor and Clerk to execute agreements required as a condition of approval for consent to sever land; and b) By-law 2007-131 being a by-law to authorize the Director of Planning Services to make decisions on whether planning applications are deemed complete. BY-LAW read a first time this day of December 2011 BY-LAW read a second time this day of December 2011 BY-LAW read a third time and finally passed this day of December 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-66 Schedule"A"to By-law Development DELEGATED AUTHORITY DELEGATE SOURCE OF DELEGATION COMMUNICA POWER OR RESTRICTIONS TION DUTY 1. Provide notice that the information Director of Planning S.22(6.1), None Not and material required under any Services 34(10.4)and applicable application under the Planning Act 51(19.1), has either been provided or not Planning Act provided and that the application is deemed to be complete or incomplete,as the case may be 2. Give notice of complete Director of Planning S.22(6.4), None Notice applications to the prescribed Services 34(10.7)and provided to persons and public bodies,in the 51(19.4), Members of prescribed manner and Planning Act .Council accompanied.by the prescribed information;and make the prescribed information and material available to the public 3. Approve condominium applications Director of Planning S.51,51.1 and Consistent with Periodic that do not require a public meeting Services 51.2 approved site plan reporting to under the Condominium Act or Planning Act and Zoning By-law Council under Council policy Section 9 Condominium /pct 4. Approve applications for the Director of Planning S.50(7) Removal of Part Lot Periodic removal of part lot control Services Planning Act Control to be reporting to presented to next Council Council meeting for adoption 5. Refusal of an application made Director of Planning Planning Act Applicant must be Periodic under the Planning Act which is Services notified and provided reporting to inactive for over one(1)year 60 days to respond Council with no ob'ection 6. Execute agreements imposed or Director of Planning Planning Act Agreements to be in Not required in satisfaction of any Services and a form as approved applicable condition of approval under the Municipal Clerk Condominium by the Municipal Planning Act in connection with Act Solicitor the development of land such as subdivisions,plans of condominium,land divisions, removal of part lot control, site plans and rezoning 7. Releases of agreements where Director of Planning Planning Act Releases to be in a Not development has not proceeded o Services form as approved by applicable if imposed or required in Condominium the Municipal satisfaction of any condition of Act Solicitor approval under the Planning Actor Condominium Act,in connection with the development of land 8. Approve and execute agreements Director of Planning S.28 Implements CIP Annual under the Community Improvement Services Planning Act program reporting to Programs requirements Council 9. Minor Heritage Permits for Director of Planning S.33(1) Excludes Periodic alterations and additions,as Services Ontario construction of new reporting to described in the Beech Avenue Heritage Act buildings,additions Council as Heritage Conservation District Plan to buildings, necessary _ demolition of all or a portion of a building, relocation of a building on a property,relocation of a building outside of the district,site and park functions at Clarington Beech Centre and streetscape improvements 8-67 i Attachment 2 to Report PSD-102-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2011- Being a by-law to amend By-law 2011-016, a by-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees WHEREAS Council has delegated certain functions to the Director of Planning . Services: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: .1. THAT By-law 2011-016 be amended as follows: a) Section 7.8.1 be amended by adding the words "Removal of a Holding Symbol report,upon urgent circumstances as determined by the Director of Planning Services and" between the words "shall include" and "any staff report"; and b) Section 7.11.1 be amended by adding the following bullet: a part lot control by-law. 2. THAT this By-law shall come into full force and effect upon its passage. Passed in open session this 19th day of December, 2011. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-68 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: Report#: PSD-103-11 File #: PLN 8.13 Subject: AMENDMENT TO SIGN BY-LAW 2009-123 AND DELEGATION OF AUTHORITY FOR MINOR VARIANCES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-103-11 be received; 2. THAT the By-law to delegate authority to approve minor variances to the Sign By-law to the Director of Planning Services and to amend the Sign By-law, as per Attachment 1 to PSD-103-11 be approved; 3. THAT the power to approve minor variances to the Sign By-law, as detailed in the amendment to the Sign By-law included in Attachment 1 to Report PSD-103-11, be deemed by Council to be minor in nature; and 4. THAT all interested parties to Report PSD-103-11 be advised of Council's decision. Submitted by: LCronm�e, � Reviewed by:D6vd J MCIP, RPP Franklin Wu, Director, Planning Services Chief Administrative Officer I L/FL/av/sn 7 December 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 8-69 I' REPORT NO.: PSD-103-11 PAGE 2 1 BACKGROUND 1.1 Sign By-law 2009-123 was approved on September 21, 2009 and came into effect on January 1, 2010. The Sign By-law regulates signs on private property across the Municipality and reduces the visual clutter that Council and the community were seeking to address. Staff are bringing forward amendments to the Sign By-law as new issues are identified that were not identified during the review. 1.2. Property owners that would like to erect a sign that does not comply with the regulations in Sign By-law 2009-123 are currently required to file an application for an amendment to the Sign By-law. All amendment applications are forwarded to Council for consideration. 1.3 This report to Council proposes a procedure to establish and permit minor variances to the Sign By-law and to delegate authority to the Director of Planning Services to approve such minor variance applications. 2 DELEGATION OF AUTHORITY 2.1 The authority to pass a by-law regulating signs is granted to Council under subsection 11(3) of the Municipal Act, 2001. In 2006 the Municipal Statue Law Amendment Act (Bill 130) amended the Municipal Act, 2001 to provide municipal councils with enhanced opportunities to delegate routine administrative matters. The intent of the amendment was to help create an effective and efficient governance structure that enables Councils to focus on their priorities. 2.2 Council has the option, under Sections 23.1 to 23.5 of the Municipal Act, 2001 to delegate its power and duties to a person or body provided that Council considers the scope of the authority that is granted to be minor in nature. Council is to consider the number of people, the size of the geographic area and the time period affected by an exercise of the power. Council delegation of authority must be effected by by-law in accordance with subsection 5(3) of the Municipal Act, 2001. 2.3 Attachment 1 specifically details the authority that Council would be delegating to the Director of Planning Services in regards to the Sign By-law. 3 MINOR VARIANCES 3.1 It is proposed that the Director of Planning Services be delegated authority to approve minor variances to any of the requirements in the Sign By-law other than the types of signs allowed by property use as identified in Section 7.8 and the maximum height of signs as identified in section 7.11. 3.2 The Director of Planning Services will not have approval authority for minor variances to any provision in regards to Election Signs, Mobile Election Signs, Vehicle Election Signs, Mobile Signs, Billboard Signs, Monolith Signs, or Pylon Signs. 8-70 REPORT NO.: PSD-103-11 PAGE 3 3.3 Any requests that cannot be dealt with as a minor variance could be addressed through a Sign By-law amendment application should the owner wish to make application. The application would be forwarded to Council for consideration. 3.4 In addition, should the Director of Planning Services deny a request for a minor variance to the Sign By-law, the applicant would have the option of filing an application for amendment. 3.5 A minor variance will.not be required for any sign that is approved in accordance with the Municipality's Site Plan Control By-law. 4 FEES 4.1 The current fee schedule By-law 2010-142 will be amended to include an application fee for Sign By-law minor variances as per Report PSD-101-11. 5 CONCURRENCE - Reviewed with Municipal Solicitor 6 CONCLUSION 6.1 Staff have reviewed the municipal process and regulations in regards to the Sign By-law and have identified this opportunity to streamline the signage approval process in accordance with the Corporate Strategic Plan's objective of promoting economic development. The delegation of authority and the establishment of a process to approve minor variances to the Sign By-law fast track business' applications for signage. Approval of the by-law will streamline the signage approval process and will enable Council to focus their decisions on larger issues that require amendments, versus minor issues that can be addressed by the Director. 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: Isabel Little Attachment: Attachment 1 — By-law to Delegate Authority and permit Minor Variances 8-71 Attachment 1 To Report PSD-103-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington WHEREAS Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides for the amendment of By-laws regulating or prohibiting the erection of signs; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2009-123, of the Corporation of the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. SECTION 2 — INTERPRETATION OF BY-LAW is hereby amended by including the following,new definitions: "DIRECTOR"means the Director of Planning Services or designate. "SITE PLAN APPROVAL" means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. 2. SECTION 10 — VARIANCES 10.1 The Director as the delegated authority, at his/her discretion, may approve minor variances to this Sign By-law in the following situations. 10.1.1 The Director may vary the following provisions of the Sign By-law at the time of site plan approval: a. The location of any sign on a building or property b. The number of signs on a building or property, having regard for the sign type, property use and the size of the property 10.1.2 The Director will consider minor variance applications for properties that are not subject to site plan approval for the provisions of the Sign By-law that are identified in Section 10.1.1 10.2 In considering a minor variance application,the Director shall have regard to: a. Special circumstances or conditions applying to the property, building,or use referred to in the application b. whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c. whether the proposed sign will detrimentally alter the character of the building, property or area, and d. whether the general intent and purpose of the Sign By-law is maintained 10.3 The Director's approval authority does not apply to the following sections of the Sign By-law: a. Table 1 —Signs Allowed by Property Use b. Table 4—Maximum Height c. All Sign By-law provisions with regards to Mobile Signs and Mobile Election Signs d. All provisions with regards to Mobile Signs that are not subject to site plan approval 8-72 10.4 An application for a variance from one or more of the requirements in this Sign By-law shall be made by an owner, or authorized representative of an owner, of the property on which the sign is to be erected. 10.5 A variance application shall be filed with the Municipality for consideration by the Director. 10.7 Every variance application shall include the required plans and information'as the D"irector deems necessary for consideration of the variance application. Each variance application shall include a justification of why the provisions of the Sign By-law cannot be compiled with. 10.8 The Director may approve or refuse any variance application and may impose conditions upon an approval as deemed appropriate. 10.9 Should the Director refuse a variance application the property owner, or authorized representative of the owner, may file an application with the Municipality for an amendment to the Sign By-law for consideration by Council. Section 10 is renumbered to Section 11, Section 11 to 12, and Section 12 to 13. 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 8-73 REPORT Leading fhe Way ENGINEERING SERVICES DEPARTMENT Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: By-law #: Report EGD-039-11 File #: Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2011. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-039-11 be received for information. Submitted by: 4f� Reviewed by. A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/bb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824 9-1 REPORT NO.: EGD-039-11 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of NOVEMBER 2011, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF NOVEMBER 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 43 $10,698,460 52 $9,784,428 9.3% Industrial 2 $316,318 0 $0 N/A Government 0 $0 3 $69,200 N/A Commercial 7 $398,364 2 $877,000 -54.6% Institutional 3 $1,314,000 2 $48,940 2,584.9% Agricultural 0 $0 4 $222,096 N/A Demolition 5 $0 5 $0 N/A TOTAL 60 $12,727,142 68 $11,001,664 15.7% YEAR TO DATE 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 856 $182,801,734 807 $145,587,651 25.6% Industrial 15 $53,971,838 5 $2,102,125 2,467.5% Government 6 $486,000 8 $2,562,900 -81.0% Commercial 56 $20,481,799 49 $26,571,659 -22.9% Institutional 21 $4,355,200 27 $12,685,840 -65.7% Agricultural 16 $2,856,216 27 $3,405,234 -16.1% Demolition 31 $0 64 $0 N/A TOTAL 1,001 $264,952,787 987 $192,915,409 37.3% 9-2 t_ REPORT NO.: EGD-039-11 PAGE 3 1.2 With respect to building permit activities (over$250,000) and large residential building permit activities, the details are provided as follows: Owner/Applicant Construction Type Location !!slue ALL SERVICES IMC Contractor Shed 511 TRULLS ROAD, COURTICE $296,318 THE PRESIDENT OF THE Addition to Church 2425 HIGHWAY 2, BOWMANVILLE $1,291,000 LETHRIDGE STAKE 9®3 REPORT NO.: EGD-039-11 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"NOVEMBER" and "YEAR TO DATE Dwelling Unit Type "NOVEMBER" 2011 Dwelling Unit Type "YEAR TO DATE 2011" 0 125 6 Townhouse 1 Townhouse Apartment o Apartment o 6 0/ _ 3/ 0% i�t 3% Semi- Detached, . 18% r -« 88 Semi- Detached 18% 416 Single 26 Detached Single 79% Detached, 79% Ed Single Detached 26 B Single Detached 416 L]Semi-Detached 6 0Semi-Detached 88 OTownhouse 0 UTownhouse 125 oApartment 1 OApartment 6 The following is a historical comparison of the building permits issued for the month of"NOVEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data "YEAR TO DATE" "November" $300,000,000 $14,000,000 .$250,000,000 $12,000,000 $200,000,000 $10,000,000 $8,000,000 $150,000,000 $6,000,000 $100,000,000 $4,000,000 $50,000,000 $2,000,000 $0 $0 2011 2010 t2009 2011 2010 2009 Value $264,952,787 $192,915,409 $121,436,853 IValuei $12,727,142 i $11,001,664 $8,930,455 9-4 REPORT NO.: EGD-039-11 PAGE 5 PERMIT REVENUES 2011 2010 November Year to Date November Year to Date PERMIT FEES $ 88,663 $ 1,794,116 $ 76,087 $ 1,385,713 INSPECTION SERVICES 2011 2010 November Year to Date November Year to Date Building Inspections 679 5,689 652 . 5,283 Plumbing & Heating Inspections 747 6,552 638 5,383 Pool Enclosure Inspections 4 65 4 90 'TOTAL 1,430 12,306 1,294 10,756 NUMBER OF NEW RESIDENTIAL UNITS 2011 2010 November Year to Date November Year to Date Single Detached 26 416 23 327 Semi-Detached 6 88 10 106 Townhouse 0 125 4 111 Apartments 1 6 2 21 . TOTAL 33 635 39 565 9-5 REPORT NO.: EGD-039-11 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: (to end of 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 'AREA November) Bowmanville 230 282 98 340 451 609 307 587 468 345 312 Courtice 282 236 113 134 82 126 241 173 180 133 129 Newcastle 100 37 24 60 77 84 202 191 123 131 76 Wilmot Creek 4 8 9 30 16 15 15 25 29 38 24 Orono 1 1 0 2 1 1 1 2 0 1 0 Darlington' 5 8 6 10 6 7 14 15 13 17 47 Clarke 7 .6 11 5 11 12 13 10 16 15 9 Burketon 0 1 0 0 0 0 1 1 1 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 3 2 0 0 1 1 1 0 2 5 Hampton 0 0 0 0 1 1 1 0 3 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 1 0 1 0 0 1 0 3 2 Kirby 0 1 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 1 0 Maple Grove 0 0 0 0 0 0 0 0 1 0 0 Mitchell Corners 1 0 0 0 1 0 0 1 0 0 0 Newtonville 3 7 5 7 2 2 4 5 3 3 0 Solina . 1 1 5 0 6 3 3 3, 3 1 1 Tyrone 1 1 0 5 0 0 0 0 3 9 3 TOTALS 635 593 1 274 :::5:93 655 861 802 1,015 843 701 609 9-6 REPORT NO.: G®-039-11 PAGE 7 2. CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN e Not Applicable Staff Contact: Rick Pigeon, Chief Building Official 9®7 Clarington REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: EGD-.040-11 File#: Subject: JOSEPH ATKINSON PARKETTE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-040-11 be received; 2. THAT the grounds surrounding the southwest. side of the Newcastle Library be named Joseph Atkinson Parkette; 3. THAT the grounds north of the library parking lot continue to be named Newcastle Memorial Park; and 4. THAT all interested parties listed in Report EGD-040-11 be advised of Council's decision. i I Submitted by: Reviewed by: _ A.S. Cannella, C.E.T. Franklin Wu, Director of Engineering Chief Administrative Officer Services ASC/PW/jo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-8 REPORT NO.: EGD-040-11 PAGE 2 1. BACKGROUND At the October 31, 2011 GPA meeting Myno Van Dyke, Director of the Newcastle Village and District Historical Society appeared as a delegation regarding naming a portion of the grounds surrounding the Newcastle Library after Joseph Atkinson. At the November 7, 2011 Council meeting the following resolution was approved: THAT the delegation of Myno Van Dyke, regarding the renaming of Newcastle Memorial Park be received with thanks; and THAT the proposal of the renaming of Newcastle Memorial Park be referred to Staff for a report. 2. ANALYSIS A previous proposal to rename Newcastle Memorial Park after Joseph Atkinson was denied due to concerns from the Royal Canadian Legion and Clarington Museums and Achieves. The site once contained a Drill Shed and was used for military training. A second proposal to rename the grounds surrounding the Newcastle Hall after Joseph Atkinson was also denied after objections from some residents. This proposal differs from the original request in that only the grounds on the southwest side of the library are proposed to be renamed Joseph Atkinson Parkette. The area north of the library parking lot which contains the soccer field and playground would continue to be named Newcastle Memorial Park (Attachment 1). This proposal has been discussed and is supported by the Clarington Public Library Board, the Royal Canadian Legion Branch 178, and the Clarington Museums and Archives (Attachments 2, 3 and 4). 9-9 REPORT NO.: EGD-040-11 PAGE 3 All parties recognize that a library expansion on the west side of the existing building and a reading garden to the south side of the building could occur in the future. The parkette would not limit the expansion to the library or the introduction of a reading garden. Should Council agree to name the grounds "Joseph Atkinson Parkette" the site, would require a new sign. It is recognized that any new signage will not block/interfere with Library Signage. No other improvements to the site are contemplated at this time. Should there be a need to make improvements to the parkette they would be referred to a future capital budget. 3. CONCURRENCE This report has been reviewed by Edith Hopkins, Director, Clarington Public Library who concurs with the recommendations. 4. CONCLUSION Joseph Atkinson was a Newcastle native who rose to national prominence in the newspaper industry and as a social activist. The Atkinson Foundation remains today and has granted more than $55 million since its inception. The grounds surrounding the Newcastle Library are a fitting location to name after Joseph Atkinson since his childhood home is located approximately 120m west of the proposed parkette. The Newcastle Village and District Historical Society will investigate relocating the Joseph Atkinson Provincial Heritage Plaque from the S/E corner of the Newcastle Community Hall grounds to the new parkette. 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 9-10 REPORT NO.: EGD-040-11 PAGE 4 Staff Contact: Peter Windolf, Manager, Park Development Attachments: Attachment 1 - Plan showing location of proposed Joseph Atkinson Parkette Attachment 2 - Clarington Public Library Board letter Attachment 3 - Royal Canadian Legion letter Attachment 4 - Clarington Museums and Archives e-mail List of interested parties to be advised of Council's decision: Myno Van Dyke, Director of the Newcastle Village and District Historical Society Gail Rickard, Chair Clarington Public Library Board Rick Saunders, Royal Canadian Legion Branch 178 Martha Rutherford Conrad, Executive Director, Clarington Museums and Archives 9-11 ATTACHMENT NO.:1 REPORT NO.: EGD-040-11 010 12 1 0 s Qr cil fl ` 04 N N IE, 0� cii E 44� Y y X cda a, O L .. - a - Cf 6 cd Q tl U O u l=r J,. Z � Q c3 I U- W J d6 • I I � ;rl al I co oa as 1 0 cd a � v>z ohm ©o �• �.ti0 eo , Q I co ca o ca i c co co ca K'ng Ave. i 9-12 ATTACHMENT NO.:2 REPORT NO.: EGD-040-11 Clarington Public Library Telephone:(905)623-7322 163 Church Street,Bowmanville Ontario,Canada t.1C 1T7. www.clarington-library.on.ca October 27, 2011 Myna Van Dyke, Director Newcastle Village & District Historical Society Box 15 Unit 3 20 King Avenue West ' Newcastle, ON LIB 1L9 Dear Myna Please be advised that at the October 26, 2011 Clarington Public Library Regular Board Meeting, the following motion was passed: "THAT the Clarington Public Library Board support the Newcastle*Village & District Historical Society's request to split and rename part of Memorial Park as-the Joseph E:Atkinson Park/Parkette, provided the Royal Canadian Legion' Branch #178 continues its support and provided that this request does not encroach on current library signage or any future plans of library expansion". On behalf of the Clarington Public Library Board, i would,like to thank you for your time and for the excellent presentation highlighting Joseph E. Atkinson's family background and his contributions to the Newcastle community. Sincerely, Gail Rickard, Chair . Clarington Public library Board 9-13 ATTACHMENT NO.:3 �� EPORT NO.: EGD-040-11 0 Llcegli I 1 BOWMANVILLE (ONT, NO, 178) BRANCH BOWMANVILLE, ONTARIO L1C3K8 Myno Van Dyke 20 Graham Street, Newcastle, Ont. LIB 177 Dear Myno, I am writing this letter to confirm Branch#178 , of The Royal Canadian Legion agrees with the separation of memorial park in Newcastle, providing all permits required to do so are obtained and no by-laws have been breached. If you need any further information or clarification please dont hesitate to contact me. Sin e our , ick Saunders On behalf of the executive And Membership of Branch#178 • . '.�i it ns ,��" ..,' f1 i 'r ' `' i ._ -- � _ , ' I "They sewed till deathl Why nbt we?" 9-14 ATTACHMENT NO.:4 Windolf, Peter REPORT NO.: EGD-040-11 From: Martha Rutherford Conrad [claringtonmuseums @rogers.com] Sent: Monday, November 14, 2011 12:07 PM To: Windolf, Peter Subject: RE: Joseph Atkinson Parkette Hi Peter I have no objections to this compromise as long as the history of Memorial Park remains intact. I would like to see the Municipality replace the sign for Memorial Park and to also recognize Millenium Park at the Town Hall as well. These historical markers are an important component of our history that need to be maintained in our community. Thank you Peter for all of your work on this issue. I know that our concerns certainly complicated matters and I do appreciate your support in hearing us out. Martha From: Windolf, Peter [mailto:pwindolfCaclarington.net] Sent: Monday, November 14, 20119:35 AM To: 'Administrator-Clarington Museums and Archives' Subject: Joseph Atkinson Parkette Hello Martha,at the Nov.7 GPA Myno Van Dyke made a presentation to recommend that the area at the S/W corner of the Newcastle Library grounds be named Joseph Atkinson Parkette.The area north of the library would continue to be named Newcastle Memorial Park. In the summer I met on site with Myno, and representatives from the Legion and Library Board to discuss the proposal. We all agreed with the proposal. It would provide a location to honor Atkinson close to his boyhood home while still preserving the name Newcastle Memorial Park for the soccer field and playground area. Myno would investigate having the plaque moved to this location. Council has directed it to Engineering for a report. Do you have any comments or concerns that I should include in the report? Peter Windo rf Manager, Park Development Engineering Services Department (905) 623-3379 ext. 2307 pwindolf cr,clarin ton.net 9°15 i Cladwgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: N/A Report#: CSD-016-11 File#: Subject: OUTDOOR ARTIFICIAL ICE SURFACE — SOUTH COURTICE ARENA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-016-11 be received; and 2. THAT Council provide direction regarding the construction of an outdoor artificial ice surface at South Courtice Arena. Submitted by: Reviewed by: J;ector,ph P. Caruana Franklin.Wu, Community Chief Administrative Officer Services JPC/ga CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 12-1 REPORT NO.: CSD-016-11 PAGE 2 1.0 BACKGROUND 1.1 At the November 7, 2011 meeting of Council, Resolution #GPA-636-11 was ratified, directing staff to "prepare a report on the possibility of constructing an outdoor artificial ice surface at South Courtice Arena". 1.2 The South Courtice Arena was opened in 2003 and was initially designed to anticipate an expansion at some point in the future. Attachment 1 is a site plan of the existing facility and identifies the area designated as "future expansion". 1.3 Although any expansion of this facility was anticipated to feature two additional indoor ice pads, adding an outdoor artificial ice surface at this time is possible. 1.4 With appropriate direction staff would propose to locate the new outdoor pad directly adjacent the existing "Pad B surface (Attachment 2). This location is in keeping with the intended expansion area and would be the most cost efficient location as the refrigeration plant is located at the south end of the facility. 2.0 CAPITAL COSTS 2.1 In preparation of this report, staff has considered a number of options in providing an artificial outdoor ice surface at the South Courtice Arena location. 2.2 As with any significant project, facility components are the key driver in determining capital costs. The components reviewed include the size of the pad, access to washrooms/change facilities/concession, lighting, security, seating and the potential to enclose the facility in the future. 2.3 Depending on the final project components, staff is estimating a project budget in the range of$800,000 to $1.2 million would be required, which includes all site work, design and project contingency. 3.0 OPERATING COSTS 3.1 As part of our preliminary review staff also investigated operational expenses related to a project of this nature. Through this preliminary review staffing, heat, hydro, water and sewer, mechanical maintenance and equipment maintenance were considered. 3.2 It is estimated that it would cost approximately $100,000 per annum to operate .the facility, with the significant majority of these funds attributed to staffing. 12-2 REPORT NO.: CSD-016-11 PAGE 3 4.0 FINANCING 4.1 As this project has not been planned for, a financing strategy would need to be prepared should Council decide to move forward with this project. 4.2 Preliminary discussion with the Treasurer indicated the potential sources of funding as follows: • Development Charges — currently this fund is in a deficit position. No draw could be made on this funding source for the next five years (approximate) and any draw on this source would impact future planned facilities. • Reserve Funds — Estimated balance of the Community Services Capital Reserve Fund at year end is $665,267. Any unanticipated draw on this reserve fund would have a significant impact on the department's ability to fund its capital budget program as well as the maintenance of existing facilities. • Tax Levy / Debenture Debt funded by tax levy—A one million dollar impact to the tax levy would translate to an approximate 3% increase to the residential tax base. Debenture debt payment impacts to the tax levy could be provided if Council chooses to proceed with this option. 5.0 COMMENTS 5.1 Without the benefit of a formal facility needs assessment, it is difficult for staff to estimate how a project of this nature would be received by the public. 5.2 Further, it is estimated that the outdoor ice rink, if built, would in a best case scenario operate approximately four months each year (December, January, February, March) and that would still depend on the weather we receive in any given year. 5.3 Should Council provide direction to advance this project, staff will prepare a detailed project budget identifying specific facility components and a detailed operating budget. 6.0 CONCURRENCE 6.1 This report has been reviewed by Nancy Taylor, Director of Finance/Treasurer who concurs with the recommendations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Joseph P. Caruana, Director of Community Services 12-3 REPORT NO.: CSD-016-11 PAGE 4 Attachments: .Attachment 1 - Site Plan of South Courtice Arena and Projected Future Expansion Area Attachment 2 - Site Plan Showing Potential Location of Artificial Ice Surface 12-4 Attachment 1 to Report CSD-016-11 0 'ke �u. h tylL M a �.. Lu r r. : I I 1t'. k t• � p . FUTURE EXPANSION" Tf ff f � k J _ - �p�plVnr _ ,f .1k . >r 12-5 Attachment 2 to Report CSD-016-11 Al F s Soccer Field Existing Parking Lot Existing Basketball Court • O o O PPp„ . O O New -� Pad PP . O ORefrigeration Plant 12-6 Clarftwn REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: CLD-035-11 File#: Subject: TOWING INDUSTRY REQUEST RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-035-11 be received; 2. THAT the correspondence received from Glen Morrow of the Ontario Federation of Independent Towers be received for information; and 3. THAT Mr. Morrow be advised of Council's action. Submitted by: Reviewed by: �utn t' Ppal- ie Franklin Wu, ic i Cl erk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-035-11 PAGE 2 1. BACKGROUND At the regular Council meeting of September 19, 2011 a letter was presented to Council from Glen Morrow, President, Carleton Automotive Towing and Recovery on behalf of the Ontario Federation of Independent Towers. The Federation was seeking municipal support to terminate a Province wide RFP on behalf of the Ontario Provincial Police regarding tow services in the Province of Ontario. A copy of the letter is included as Attachment No. 1. The matter was received and forwarded to staff for review and comment. 2. SPECIFICS On July 1, 2011 Bill 126, an amendment to The Road Safety Act, 2009, came into effect. This Act transferred authority to issue long term licence suspensions from the Ministry of Transportation to the Ontario police services for incidents occurring on the provincial highways and any other roads under provincial jurisdiction. Included in this authority was the ability to impound vehicles for prolonged periods when they have been used by used by suspended drivers, without the prior authorization of the Ministry of Transportation's Registrar of Motor Vehicles. Because many tow operators offer services beyond the boundaries of their home municipalities and therefore outside of the jurisdiction of local licencing by-laws it was necessary for a provincial regulatory framework to be established. As the authority did not already exist in the Municipal Act the police could not simply create it on their own. The Ontario Provincial Police have therefore issued an RFP for the services. The terms and conditions of the contract, once issued, would bind the tow companies to the Provincial standards. 3. COMMENTS The RFP deliverables require the services of trained personnel in a timely and professional manner to safely remove and impound vehicles. The province will be broken down into geographic areas with one authorized service provider per area. At their discretion the service provider may sub-contract to other tow companies. Once the contract is signed it will provide tow services on provincial highways across the province that meet a uniform standard of price and service. 4. CONCURRENCE - Not applicable 5. CONCLUSION The RFP does not in any way interfere with the rights and abilities of local tow companies operating on municipal or regional roads. Currently assistance to the local police departments for towing services are dealt with through a contract involving the 13-2 REPORT NO.: CLD-035-11 PAGE 3 I local towing services. Durham Regional Police currently have such a contract for their needs on local and Regional roads i Staff therefore recommends that the correspondence of Mr. Morrow be received for information and he be apprised of Council's desicion. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer Manager, Municipal Law Enforcement. Attachments: Attachment No. 1 Correspondence from the Ontario Federation of Independent Towers Dated July 25, 2011 Interested Parties: Glen Morrow, Ontario Federation of Independent Towers 13-3 Attachment No. 1 To Report CLD-035-11 Ann . Ti Subject; FW: We at OFIT are adamant in having this RFP terminated and with your help we can achieve this province wide. Please contact me via E-mail and I will reply as soon as possible. Thanks . Glen M. I u MAYUK ❑ MEMBEPIS Q CND 0?irTAJU0 FE13ER4TION OF I11'.DEP 1'VDEjNT T('Ji;%1'ER OF COUNCIL ❑ COMMUNITY ❑ CORPORATE o EMERGENCY SERVICES SERVICES SERVICES 2— FIFTH STREET joHATSTC1;YAf, ©1V 10E ITO ❑ ENGINEERING ❑ MUMI CIPAL Q OPERA-1!0)S SERVICES CLERK'S Date J-ULY-25201:1 LMUN�ICIPAL NG ❑ SOLICITOR ❑ TREASURY S Dear 141fayar or Reeve and Council, L- ��.�ef" _ LERK'S FILE Once again,provincial govermnent policies and directives threaten services in your munic The Ministry of Community Safety and Correctional Services has tendered a Request for Proposal '(RFP) that would effectively transfer the authority of vehicle impoundments fi-om the Ministry of Transportation to the OPP in the form of RFP OPP-0460. This will have a negative affect on the overall capacity of-your local towing.indushy to serve.our community. This RFP has been tendered without consultation with you,.our municipal representatives, and without us, your local tow service providers. It is designed for the administrative convenience of the OPP, not for the delivery of effective service on our roads. It removes the quality control of competition from the industry equation by creating monopolistic control over the delivery of impound services in 56 zones across the province. Towers are an essential 4`h component in keeping the•roads safe in every. community., but unlike the other 3 components;EMS, Fire and Police, we are strictly within the private domain and so must maintain and keep our equipment available for 24/7 emergency response at our own expense; Tows generated within the:community by your contracted police service are an important source of revenue that supports your local towers and allows them to be there 24/7 for the community in times of need. Simply put, if the OPP are allowed to impose their desire for exclusive, large scale impound lots on our communities, many local towers will eventually be forced out of business, people will have to travel greater distances at greater expense to reclaim their vehicles, and the number of local towers available to serve in times of emergency will be diminished. Not to mention the environmental impact of towing these vehicles the greater.distances this plan will impose,It is also important to note that the impound facility for a zone listed in the RFP does not even have to be within that zone, thus creating further hardship and expense for those needing to reclaim an impounded vehicle, We would urge you to pass a resolution opposing this RFP and the changes it proposes until such time that there has been adequate consultation with the industry, and you, our elected municipal representatives. We further ask that you send this resolution to other municipalities requesting their support, and that all resolution be sent to the Minister of Community Safety and Correctional Services,so that this dangerous proposition can be halted. Please do not hesitate to contact me if you have any questions or concerns regarding my fam. position on this matter, and I look forward to your timely response. Sincerely, Glen Morrow,President Carleton Autotrtotive Toivzng d recovery RR321-hnonte ont k0al aO, 613:-233-0369 caeostonn.ca 13-4 i MUNICIPAL ClafilWfl REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: CLD-036-11 File#: Subject: APPOINTMENT TO ORONO ARENA BOARD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-036-11 be received; and 2. THAT the resignation of Raymond Best from the Orono Arena Board be received, with regret, and that he be thanked for his contribution to the Board; 3. THAT be appointed to the Orono Arena Board for a term concurrent with Council; and 4. THAT all interested parties listed in Report CLD-036-11 be advised of Council's decision. Submitted by: Reviewed by: 4' L. rie, CMO Franklin Wu, Municipal Clerk Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-5 REPORT NO.: CLD-036-11 PAGE 2 1. BACKGROUND At the Council meeting of January 31, 2011, appointments were made to the Orono Arena Board. At a recent meeting of the Board, a resignation was received from the Chair, Raymond Bester, due to relocation. 2. COMMENTS The Municipal Clerk's Department has placed advertisements in the local newspapers and on the municipal website seeking applications from interested individuals to fill the vacancy. As a result of these advertisements, applications have been received from Jill Jensen and Jackie Moore. Their applications have been circulated confidentially under separate cover. 3. CONCURRENCE - Not applicable 4. CONCLUSION It is respectfully recommended that Raymond Bester be thanked for his contribution to the Board and that a replacement member be appointed to the Board for a term concurrent with Council. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 —Applications (Circulated confidentially under separate cover) List of interested parties to be advised of Council's decision: Raymond Bester Jill Jenson Jackie Moore John Witheridge, Secretary, Orono Arena Board Pete Maartense, Arena Manager Fred Horvath, Director of Operations 13-6 Clarington REPORT MUNICIPAL CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: December 12, 2011 Resolution#: By-law#: Report#: CLD-037-11 File#: Subject: SCHEDULE OF MEETINGS AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-037-11 be received; and 2. THAT the schedule of meetings for the term of Council be amended as follows: a) THAT the Council meeting scheduled for July 9, 2012 be rescheduled to Tuesday, July 3, 2012 at 7:00 p.m.; b) THAT the GPA meeting scheduled for July 16, 2012 and the Council meeting scheduled for July 23, 2012 be cancelled; c) THAT the Council meeting scheduled for July 8, 2013 be rescheduled to Tuesday, July 2, 2013 at 7:00 p.m.; d) THAT the GPA meeting scheduled for July 15, 2013 and the Council meeting scheduled for July 22, 2013 be cancelled; e) THAT the GPA meeting scheduled for July 14, 2014 and the Council meeting scheduled for July 21, 2014 be cancelled; and 3. THAT the Municipal Clerk provide appropriate notice of the amendments to the meeting schedule Submitted by: / Reviewed by: ci P L. rrie, Franklin Wu, Municipal Clerk Chief Administrative Officer plb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-7 REPORT NO.: CLD-037-11 PAGE 2 1. BACKGROUND At the Council meeting of December 5, 2011, a resolution to amend the schedule of meetings was referred to staff to report on scheduling meetings during the weeks of Family Day and March Break. 2. FAMILY DAY With the announcement in 2008 of a new statutory holiday, Family Day, to be observed the third Monday of February each year, the schedule of Committee and Council meetings was amended to eliminate the Committee meeting that would generally occur on that day. 3. MARCH BREAK Since 1998, Council and Committee meetings have not been held during the March Break, as many people are on vacation during this time and are therefore unable to attend meetings which deal with matters in which they are interested. The same situation occurs when meetings are held in the months of July and August. With the exception of the Town of Whitby and the Township of Brock, the other municipalities within the Region, including the Region of Durham, also do not meet during March Break. The City of Pickering does not meet for two weeks during this time as the colleges and universities have differing break times. 4. PAST PRACTICE Prior to 2008, if a statutory holiday fell on a Monday when a General Purpose and Administration Committee would be scheduled (ie, Family Day), that meeting was scheduled for the following Tuesday evening. The meeting had to be held in the evening in order to avoid conflicts with Regional meetings. Because of the length of the committee agendas, this generally made for a very late meeting and made it extremely difficult for the Council agenda to be completed and published within the required timeframes. The Tuesday night meetings were eliminated at that time and the meeting schedule was expanded into July, from the end of June. 5. NOTICE OF MEETING In accordance with section 4.8.1 of the Procedural By-law, public notice of the regular meeting schedule for the upcoming year will be published in the local newspapers. 6. CONCURRENCE - Not applicable 13-8 REPORT NO.: CLD-037-11 PAGE 3 7. CONCLUSION Based on the information above, it is respectfully recommended that the recommendation of the General Purpose and Administration Committee on November 28, 2011 with respect to amending the meeting schedule be approved. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk 13-9 i Clarftwn REPORT I MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: CLD-038-11 File#: Subject: RESPONSIBLE PET OWNERS BY-LAW— FEE SCHEDULE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-038-11 be received; 2. THAT Council approve the proposed fee structure changes to be effective January 1, 2012; 3. THAT the draft amending by-law attached to Report CLD-038-11 be approved; and 4. THAT all interested parties be advised of Council's decision. I Submitted by: Reviewed by: 2�r" ' arrie Franklin Wu, ni 'pal Clerk Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-10 REPORT NO.: CLD-038-11 PAGE 2 1. BACKGROUND Under the authority of the Municipal Act, and in accordance with the Clarington Responsible Pet Owners' By-law, the Municipality of Clarington requires that all dogs and cats be licensed. Note, licensing of dogs has been done since 1859 and cats since 2000. The purpose of licensing pets is to ensure the health and safety of our Clarington residents and our pets. The licensing revenues assist the Municipality in providing valuable animal related services such as: • Easy reuniting of dogs and cats to their owners if the animal is wearing a current tag, • Public education initiatives in schools and within the community, • The feeding, sheltering and safe keeping of impounded or surrendered animals, and • Our pet adoption program. 2. FEE STRUCTURE AND PRICES Effective January 1, 2000 By-law 99-90 was enacted by Council, which updated and consolidated a number of by-laws governing animals in the Town of Newcastle. As well, this by-law implemented the licensing of cats and the opportunity for lifetime licences. Since 2000, By-law 99-90 has been repealed and replaced with By-law 2006-227, which has been amended several times. Despite the many amendments to the by-laws, the fee structure has remained rather consistent and the associated fee prices have remained very affordable. The current fee structure and associated fee prices for Clarington are as follows: Licence Fees $10.00 Dog - Microchipped & spayed/neutered $20.00 Dog­- Spayed/neutered or microchipped $35. Pog-- Unaltered $40. Pog-- Lifetime (must be altered & microchipped) $100.00 Dog_- Agricultural $10.00 Cat - Microchipped & spayed/neutered $20.00 Cat - Spayed/neutered or microchipped $25.00 Pat- Unaltered $40.00 Cat-- Lifetime (must be altered & microchipped) $100.00 Cat-- Agricultural (Chart 1) REPORT NO.: CLD-038-11 PAGE 3 Attachment 1 to this Report is a summary of licensing structure and prices for area municipalities. 3. COMMENTS 3.1 Fee Increase Prior to approximately 1967 dog owners paid an additional tax and were actually registered on the tax roll as dog owners. While this practice is no longer followed, the concept remains today that licensing revenues are collected from dog and cat owners to assist in paying for animal related services within our community. The actual costs for animal related services have steadily increased over the past 5 years, while the licensing fees have remained rather static. Among the cost increases are many external influences beyond our control including, but not limited to: fuel, medications, veterinarian, and food. Staff are recommending that the licence fee prices be increased effective January 2012. For the most part, the recommended fee increase is $5.00 per licence. Staff believes the proposed fees to be affordable, reasonable, fair, and in line with our neighbouring municipalities. Recommended Licence Fees — effective January 1, 2012 $15.00 Dog - Microchipped & spayed/neutered $25.00 Dog - Spayed/neutered, no microchip $40.00 Dog - Unaltered $100.00 FDoa-- Agricultural $15.00 Cat - Microchipped & spayed/neutered $25.00 Cat - Spayed/neutered or microchipped $40.00 FaUnaltered $100.00 Cat-- Agricultural (Chart 2) REPORT NO.: CLD-038-11 PAGE 4 3.2 Lifetime Licences A noted above, in Chart 1, Clarington's licence structure includes a "lifetime" licence. This concept was introduced in 1999 (effective January 1, 2000) and provides dog/cat owners the opportunity to purchase a single licence which would only expire upon the death of the dog/cat. The price for a lifetime licence is $40 and is only permitted for dogs/cats who are altered (i.e. spayed or neutered) and who have been microchipped. The lifetime licence is offered as an incentive to our pet owners to alter and comply with our licensing requirements. The current licence prices are deemed affordable, reasonable and fair, with one exception, being the lifetime fee. The average lifespan of a dog is approximately 12 years and an indoor cat is greater than 10 years. Therefore, an owner of a dog who is altered and microchipped has an option to pay $10.00 for an annual licence or pay $40.00 for a lifetime licence. This owner, therefore, is only contributing to offset the costs of animal related services for a four-year period which equates to approximately 25% of the life of the animal. Traditionally, any lifetime licence fees collected have been applied against "current year" expenses and have not been allocated to a reserve to be applied against future expenditures. To do so, would have resulted in increased processing resources and reduced annual revenues. Inherent in an annual licensing process is the ability for staff to maintain current ownership records. Because the owner purchases the licence when they first acquire their pet, they typically do not remember to notify the Animal Shelter of any ownership, address, or telephone changes. Thus, often times when an animal, who has a valid lifetime licence, is impounded staff encounter difficulty in contacting the owners. While staff make every effort to maintain a current and accurate repository of ownership records, limited staff resources does present challenges in proactively updating our data. Staff are therefore recommending that the lifetime licence category be discontinued effective January 1, 2012. Any existing, valid lifetime licences would remain valid for the life of the animal. Alternatively, should Council wish to continue this licensing category, staff would recommend that a more appropriate licence fee be set for the lifetime licence. Based on the average life of a dog being 12 years and a cat being more, staff would recommend that a fee of $150.00 ($15 for 10 years and then beyond that would be essentially free) be set. 13-13 i i REPORT NO.: CLD-038-11 PAGE 5 4. CONCURRENCE - Not applicable j 5. CONCLUSION The cost for animal related services in the Municipality of Clarington have steadily increased while the licensing fees for pet owners have remained rather static. Staff are recommending that the licence fees for dogs and cats be increased as detailed in Chart 2 of this Report to offset these expenses. Staff are also recommending that the lifetime licence category be discontinued. Proposed changes should have minimal impact on our pet owners and will realize and an increase in licensing revenues of approximately $20,000. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Anne Greentree, Deputy Clerk Attachments: Attachment 1 - Animal Licence Fees — Neighbouring Municipalities Attachment 2 - By-law —Amending Licence Fees List of interested parties to be advised of Council's decision: Nancy Taylor, Director of Finance /Treasurer 13-14 Attachment 1 to Report CLD-038-11 2012 ANIMAL LICENSE FEES - OTHER MUNICIPALITIES CITY OF PETERBOROUGH DOG CAT Unaltered $50 N/A Spayed/Neutered $25 N/A SENIOR RATES (OVER 65) Unaltered $35 N/A Spayed/Neutered $15 N/A CITY OF OSHA WA DOG CAT Unaltered with proof of annual rabies $50 $50 vaccine Unaltered with proof of annual rabies $60 Lifetime $60 Lifetime vaccine & microchip Spayed/neutered and annual rabies $25 $25 vaccine Spayed/neutered, annual rabies vaccine & $40 Lifetime $40 Lifetime microchip Special Needs Dogs No charge N/A • Including ferrets, which must also be licensed. CITY OF PICKERING DOG CAT Unaltered $50 $50 Unaltered with Microchip $40 $40 Spayed/Neutered $20 $20 Spayed/Neutered with Microchip $15 $15 Replacement tag $5 $5 PAW ANIMAL SERVICES DOG CAT WHITBY Unaltered, over 3 months $40 $40 Spayed/Neutered $20 $20 Microchipped $35 $35 Spayed/Neutered and Microchipped $15 $15 Replacement tag $5 $5 Lifetime licence for spayed/neutered only $35 N/A Personal Assitance Dog, Law Enforcement No fee N/A Working Dog, Companion Dog i Attachment 1 to Report CLD-038-11 2012 ANIMAL LICENSE FEES - OTHER MUNICIPALITIES TOWN OF AJAX DOG CAT Unaltered, over 3 months $30 $30 Spayed/Neutered $20 $20 Microchi ed $25 $25 Spayed/Neutered and Microchi ped $15 $15 Replacement to $5 $5 Lifetime licence for spayed/neutered onl $35 N/A Personal Assistance Dog, Law No fee N/A Enforcement Working Dog, Companion Do TOWNSHIP OF UXBRIDGE DOG CAT Spayed/Neutered $20 N/A Male or Female — 1St do $30 N/A Male or Female — 2n do $35 N/A Male or Female— 3 do $40 N/A CITY OF KAWARTHA LAKES DOG CAT Unaltered $20 N/A Spayed/Neutered $25 N/A Replacement to $5 N/A PORT HOPE— OPERATED BY HAMILTON TOWNSHIP DOG CAT November I't to February 28 Unaltered $15 N/A Spayed/Neutered $10 N/A March 1" to October 31 Unaltered $20 N/A Spayed/Neutered $15 N/A TOWNSHIP OF BROCK DOG CAT Unaltered $25 N/A Spayed/Neutered $20 N/A Replacement to $.05 N/A 13-16 Attachment 2 to Report CLD-038-11 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- Being a by-law to amend By-law 2006-227, as amended, to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein. WHEREAS Sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("Municipal Act"), confer the power to pass by-laws regulating or prohibiting animals to a lower- tier municipality; AND WHEREAS Section 9(3)(b) of the Municipal Act confers the power upon a municipality, in exercising its powers to regulate and prohibit respecting a matter, to provide for a system of licences, permits, approvals or registrations respecting the matter, and to impose conditions as a requirement of obtaining, continuing to hold or renew a licence, permit, approval or registration; AND WHEREAS Section 391 of the Municipal Act authorizes the municipality to pass by-laws imposing fees or charges on any class of Persons for services or activities provided or done by or on behalf of it; AND WHEREAS Section 396 of the Municipal Act provides that a by-law passed under Section 391 may provide for fees and charges that vary on any basis the municipality considers appropriate and specifies in the by-law, and for different classes of Persons and deal with each class in a different way; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Schedule A be amended to delete the Licence Fees and replace them with the following Licence Fees: Details Fee 1. Dog—microchipped & spayed or neutered 15.00 2. Dog—spayed or neutered, no microchip 25.00 3. Dog—Unaltered 40.00 4. Dog—Agricultural 100.00 5. Cat—microchipped & spayed or neutered 15.00 6. Cat—spayed or neutered, no microchip 25.00 7. Cat— Unaltered 40.00 8. Cat—Agricultural 100.00 Note: There is a 10%discount for licences purchased before January 15 of the licensing year with the exception of Agricultural licences. 2. This By-law shall come into full force and effect on January 1, 2012. BY-LAW passed in open session this 19th day of December, 2011. Adrian Foster, Mayor 13-17 Patti L. Barrie, Municipal Clerk i Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: N/A Report#: COD-037-11 File#: Subject: PURCHASE OF A PRE-BUILT PUMPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-037-11 be received; 2. THAT Fort Garry Fire Trucks Limited, Winnipeg, Manitoba with a total bid in the amount of$590,268.04 (Net of H.S.T. Rebate) be awarded the contract for the supply and delivery of a 2012 Model 1250 GPM Spartan Gladiator Pumper complete with equipment as required by the Emergency and Fire Services Department; and 3. THAT the required funds be drawn from the Fire and Emergency Services Department 2011 Capital Account# 110-28-388-82812-7401. Submitted by: Reviewed by: ar: Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer Na cy ,, Ior, B. .A.,C.A., Director Finance/Treasurer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 14-1 I REPORT NO.: COD-037-11 PAGE 2 1.0 BACKGROUND 1.1 Report COD-029-11 was approved by Council on September 19, 2011 Resolution #GPA-561-11. The report is attached as Schedule "A" for reference. 1.2. The Fire & Emergency Services Department, Operations Department and Purchasing Division contacted Carl Thibault Emergency Vehicles and Fort Garry Fire Trucks Limited to negotiate a transverse pump panel option, larger cab and smaller engine. The Spartan Gladiator Cab and Chassis is the preferred unit as it falls within the budget limitations. 1.3 The Spartan Gladiator Cab and Chassis will be purchased with the fire/rescue equipment installed on the truck. 2.0 ANALYSIS 2.1 The Fire & Emergency Services Department and Operations Department compared the two bid submissions from Fort Garry Fire Trucks Limited and Carl Thibault Emergency Vehicles. 2.2 There are four main differences between the Spartan Gladiator Cab and Chassis from Fort Garry Fire Trucks and Carl Thibault Emergency Vehicles. These differences are as follows: grade of aluminum used in construction, formed versus framed body, compartment size and ladder storage. 2.3 With respect to aluminum body construction, Carl Thibault Emergency Vehicles uses 5052 Marine Grade Aluminum and Fort Garry uses 5083 Salt Water Marine Grade Aluminum. The 5083 Salt Water Marine Grade Aluminum is a higher quality than the 5052 Marine Grade Aluminum. Fort Garry uses 5083 Salt Water Marine Grade Aluminum because in 1998 a metallurgist made this recommendation in order to improve the corrosion problems with 5052 Marine Grade Aluminum. The Fire & Emergency Services Department's current Fort Garry Fire Trucks (P1 and P4) are eight (8) years old and have no rust. In 14-2 REPORT NO.: COD-037-11 PAGE 3 addition to using the Salt Water Marine Grade Aluminum, Fort Garry also uses rust protection that offers a twenty (20) year corrosion perforation warranty on their truck bodies. ICI 2.4 Carl Thibault Emergency Vehicles has quoted a formed body and Fort Garry has quoted a framed body. A formed body is when the metal is bent in order to form the box. A framed body is when the box is framed and then the panels are welded to the frame. A framed body takes more metal and is stronger. 2.5 Carl Thibault Emergency Vehicles compartment size on one side of the truck is reduced because of the way the plumbing is designed to run to the rear of the truck. Fort Garry provides full depth and full height compartments. In order to facilitate the equipment required on the full-time trucks the larger compartment size is essential. 2.6 The Fire & Emergency Services Department's current full-time trucks have interior ladder storage. Carl Thibault Emergency Vehicles quoted an exterior ladder storage rack. Carl Thibault Emergency Vehicles stated that they can provide interior ladder storage, however the interior ladder would be reduced from 28' to 24' and the ladder storage rack would considerably reduce the depth of the pumper truck compartments on the right hand side. Fort Garry quoted interior ladder storage and are able to provide a 28' ladder without reducing the depth of the pumper truck compartments. 2.7 After a thorough review of the Expression of Interest submissions, the Fire & Emergency Services Department and Operations Department determined that the truck quoted by Fort Garry Fire Trucks best met their requirements. The pricing for the EOI submission from Fort Garry Fire Trucks was the low, compliant bid and staff undertook final discussions exclusively with Fort Garry Fire Trucks. 14-3 REPORT NO.: COD-037-11 PAGE 4 2.8 Further discussions with Fort Garry Fire Trucks were held to review the detailed specifications to ensure that all options were included in the quotation. The Fire & Emergency Services Department and Operations Department added some options in order for the truck to resemble the pumper trucks in-house. Also, design improvements were requested to resolve concerns with the pumpers in house (i.e., storage, heaters, lighting, exhaust pipe, etc.). 3.0 COMMENT 3.1 Based on the review of the technical specifications for the pumper truck and equipment, the Fire & Emergency Services Department, Operations Department and Purchasing recommend the purchase of the Spartan Gladiator Cab and Chassis from Fort Garry Fire Trucks Limited, Winnipeg, Manitoba. 3.2 Fort Garry Fire Trucks, Winnipeg, Manitoba has supplied the Municipality of Clarington in the past and the trucks have performed well. Fort Garry Fire Trucks has provided excellent support and stood behind their products. 4.0 FINANCIAL 4.1 The Fire & Emergency Services Department, Operations Department and Purchasing reviewed the submission for One (1) Full Framed / Full Extruded All Aluminum (Saltwater Marine Grade 5083-H321) Pumper and Equipment. Items that are critical to the Fire & Emergency Services Department's ability to respond to an emergency have been included. 14-4 REPORT NO.: COD-037-11 PAGE 5 4.2 The Fire and Emergency Services Department has made provision in the 2011 Emergency Services Fleet Budget, Account# 110-28-388-82812-7401 for the purchase of a new pumper and equipment at the cost of$590,268.04, which is within the approved 2011 budget allocation. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager. The Director of Emergency & Fire Services and Director of Operations concur with the recommendations. 6.0 CONCLUSION 6.1 To award the contract to Fort Garry Fire Trucks Ltd, Winnipeg, Manitoba with a total bid in the amount of$590,268.04 (Net of H.S.T. Rebate) for the supply and delivery of a 2012 Model 1250 GPM Spartan Gladiator Pumper complete with equipment as required by the Emergency and Fire Services Department. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Not Applicable Attachments: Attachment 1 - Schedule "A" Bid Summary Attachment 2 - Schedule "B" Report COD-029-11 List of interested parties to be advised of Council's decision: Not Applicable 14-5 i I i REPORT ciffboon CORPORATE SERVICES DEPARTMENT i SCHEDULE "A" I BID SUMMARY EXPRESSION OF INTEREST - E012008-1 1250 GPM Pumper & Equipment BIDDER TOTAL BID TOTAL BID (H.S.T. Included) (Net of H.S.T. Rebate) Fort Garry Fire Truck Ltd Winnipeg, Manitoba $639,528.02 $575,914.79 Carl Thibault Emergency Vehicles Pierreville, Quebec $640,907.76 $577,157.29 Darch Fire Inc. Ayr, Onatrio $688,404.22 $619,929.32 The above figures represent the EOI pricing received. The Fire & Emergency Services Department, Operations Department and Purchasing reviewed the submission for One (1) Full Framed / Full Extruded All Aluminum (Saltwater Marine Grade 5083-H321) and Equipment List and compared the submission to Pumper#1. After selection of the preferred unit, additional items were negotiated to ensure that the Pumper Truck and Equipment would meet the requirements of the Fire & Emergency Services Department. The final price is $590,268.04 (Net of H.S.T. Rebate). 14-6 SCHEDULE"B" no'hEPORT f CORPORATE SERVICESDEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: N/A Report#: COD-029-11 File#: Subject PURCHASE OF A PRE-BUILT PUMPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-029-11 be received; 2. THAT the Purchasing Manager be authorized to negotiate a purchase price from the three (3) fire truck manufacturers who responded to the Expression of Interest; 3. THAT a report to Council be provided summarizing the results of the negotiations and providing a recommendation for the purchase of the selected unit. Submitted by: Reviewed by: a ie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Servic s Chief Administrative Officer Nancy Tay)6r, B.B. .A:, Director of Finance/Treasurer MM\JDB\BH\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 14-7 SCHEDULE°B" I REPORT NO.: COD-029-11 PAGE 2 i I 14 BACKGROUND 1.1 Report COD-016-11 was approved by Council on May 17, 2011 Resolution #GPA-366-11. The report is attached as Schedule "A"for reference. 1.2. A .request for Expression of Interest (EOI) was sent to nine (9) known fire truck manufacturers. Three (3) manufacturers responded to the EOI; Carl Thibault Emergency Vehicles, Darch Fire Incorporated and Fort Garry Fire Trucks. 1.3 Carl Thibault Emergency Vehicles submitted one option. Darch Fire Incorporated submitted two options and Fort Garry'Fire Trucks submitted four options. Only one (1) unit was readily available as stock. None of the units proposed met the Fire Department's requirements. 2.0 ANALYSIS 2.1 The Fire & Emergency Services Department and Operations Department reviewed the technical specifications and proposed pricing received from the three fire truck manufacturers. 2.2 The Expression of Interest was drafted to allow for a driver's side pump panel or transverse pump panel as the Fire & Emergency Services Department was not sure whether the budget would allow for the transverse pump panel option. 2.3 After reviewing the bid submissions and pricing the.Fire & Emergency Services Department determined that the transverse pump panel option is affordable. The transverse pump panel option offers the following benefits for staff— improved visibility, protection from the weather elements and quiet auditory environment. As well, the staff is familiar with the operation of a transverse pump panel as Pumper#1 and Pumper#4 both have this feature. i 14-8 SCHEDULE"B" . f i REPORT NO.: COD-029-11 PAGE 3 2.4 Out of the bid submissions received only two (2) submissions offered the transverse pump panel option. These bid submissions were received from Fort Gary Fire Trucks. However, these options failed to meet two other requirements namely the larger cab and small engine. 2.5 The Fire & Emergency Services Department, Operations Department and Purchasing Division is requesting approval to contact*the three (3) firms expressing an interest in this acquisition to initiate discussions leading to a negotiated price for a unit meeting the Fire Departments requirements. I 2.6 Upon completion of the negotiations, a report to Council will be provided outlining the results of the process, the negotiations and requesting approval to proceed with an award. 2.7 For clarification, at the time this pumper was budgeted the timing for acquisition was tied to the proposed opening of the Newcastle Fire Hall. With the review of the Newcastle site currently underway and the expected date of opening extended by approximately one (1) year, we have time to engage vendors in discussions for a custom build pumper. 3.0 COMMENT 3.1 Given the circumstances the Purchasing Manager did not undertake further discussions with the responding manufacturers because to do so would be outside the authority provided by Resolution GPA-366-1; namely negotiation and purchase of a prebuilt unit or a unit that was in the advanced stages of construction. 14`9 SCHEDULE"B" REPORT NO.: COD-029-11 PAGE 4 t 4.0 FINANCIAL 4.1 Fire and Emergency Services has made provision in the 2011 Emergency ' Services Fleet Budget, Account# 110-28-388-82812-7401 for the purchase of a new pumper and equipment at the estimated cost of$600,000.00, which is within the approved 2011 budget allocation. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager. The Director of Emergency & Fire Services and Director of Operations concur with the recommendations. 6.0 CONCLUSION 6.1 This report requests approval for the Purchasing Manager to negotiate a purchase price from the three (3) fire truck manufacturers who responded to the Expression of Interest. The results of the negotiations and recommendation for the purchase of the selected unit will be reported to Council for approval. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Not Applicable Attachments: Attachment 1 - Schedule "A" Report COD-016-11 List of interested parties to be advised of Council's decision: Not Applicable i 14-10 ATTACHMENT# TO SCHEDULE "A" REPORT# c REPORT C' Zo-If CORPORATE SEA--- RT ES DEPARTMENT Meeting., GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolutlon#: By-lawg: N/A Repor : COD-016-11 File#: ' Subject: PURCHASE OF A PRE-BUILT PUMPER RECOMMENDATIONS: It is respectfully recommended that the-General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-016-11 be received; 2. THAT the requirements of Section 2, Bid Policies of By-law 2010-112 be waived for this.transaction; 3. THAT-the Purchasing Manager be authorized to solicit Expressions of Interest from known fire truck manufacturers to determine the availability of a new 1250 GPM Pumper suitable for Clarington requirements; 4. THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit; and 5. THAT a report to Council be provided summarizing the results of the Request for the Expressions-,of Interest and providing a recommendation for the purchase of the selectedAMW Submitted by:� Reviewed.by: Jarie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Qhief Administrative Officer „Nancy l aylor, B.B.A., C.A., Director of FinancelTreasurer MM\JDB\BH\km CORPORATION OP THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169- 14=11 i ATTACHMENT# TO SCHEDULE "A,,. REPORT# °0 ./ REPORT NO.: CO®-016-11 PAGE 2' 1.0. BACKGROUND AND COMMENT 1.1 Fire and Emergency Services has provided funding'in their 2011 Capital Budget for a new pumper truck. 1.2 In the past, the methods used to acquire new fire trucks have included Public Tender, Request for Proposal, negotiation with.a selected manufacturer and an Expression of Interest. The formal public process (RFT& RFP) for the acquisition of a new unit from date of bid solicitation' to delivery of the completed unit can take upwards of twelve to eighteen months depending on the type of equipment required. This.is primarily because the unit is custom built and must be manufactured to meet the specifications set out in the tender. 1.3 'in 2008, the Municipality of Clarington 'set aside the normal competitive process and purchased a pre-built pumper using an Expression of Interest (E01)with satisfactory results. As the E01 process was effective and provided the Fire Department with a pumper which met their requirements and expectations in a much shorter time period and within budget, it is recommended that the Purchasing By-law be waived and the use of an E01 process be authorized for acquisition of the new fire pumper. The E01 process allows for the vendors to focus.on the availability of the unit as well as present the features offered on their stock or under construction pumper trucks.and indicate.an approximate cost. The E01 process is far less formal than the tendering and RFP process and avoids complexities and risks associated with the formal bidding process. 1.4 The 2008 acquisition was for the purchase of the pre-built unit. Typically, the prices for pre=built units are better than those offered for the production of a unit to our specifications simply because the pre-built unit is constructed.using standard design and components to a standard and marketable specification. As the stock units are readily available and often sought after, they do not usually fit with a public Tender process . 14-12 � ATTACHMENT# � TO SCHEDULE "A" REPORT# REPORT I .O.. COD-016-11 PAGE 3 f where the evaluation of bids and the award process are lengthy. Dealers are reluctant to commit themselves on the availability of a stock unit when other buyers are interested in a quick purchase. The EOI process lends itself to a much faster decision process and a relatively short award period. 1.5 Staff recommend a request for.Expressions of Interest from known manufacturers indicating the availability of pre-built units or those in an advanced state of construction conforming to basic criteria for a 1250 GPM Pumper with accessories and the approximate cost and details with respect to the specifications.' Purchasing and Fire Staff will review the submissions, select the unit(s) providing the best combination of price and specification and proceed to negotiate-a final delivered price for a unit with accessories. 1.6 Upon completion of the.negotiations, a report to Council will be provided outlining the results of the process, the negotiations and requesting approval to proceed with an award. 1.7. If a unif acceptable to the Fire and Emergency Services Department cannot be located using the proposed expression of interest process; a formal tender process will be undertaken. 1.8 In 2008 when the EOI process was recornmended authorization was also provided to amendment the Purchasing By-law to include the EOI process . should the'process•prove successful. In accordance with the approval through report#COD-018-08 (copy attached as Schedule `A'), the By-law . will now be amended to include the updated provision for use of the E01 process. 14-13 i • • ' ATTACHMENT# TO SCHEDULE "A" j REPORT# CO REPORT NO.: COD-016-11 PAGE 4 2.0 FINANCIAL 2.1 Fire and Emergency Services has made provision in the 2011 Emergency Services Fleet Budget, Account# 110-28-388-82812-7401 for the purchase of anew pumper at the estimated cost of$600,000.00. I 3.0 INPUT FROM OTHER SOURCES 3.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Emergency& Fire Services Director of Operations 14=14 i i i Clarftwn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: FND-024-11 File#: Subject: GREEN MUNICIPAL FUND APPLICATION FOR 173 BASELINE ROAD, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-024-11 be received; and 2. THAT staff submit an application for the feasibility studies and field tests grant available in the Green Municipal Fund program offered by Federation of Canadian Municipalities; 3. THAT staff send a letter to the provincial government advising that the Municipality of Clarington is submitting an application for a grant from the Green Municipal Fund program offered by Federation of Canadian Municipalities; and 4. THAT the funding for the updated supplemental environmental site assessment phase 2 and if applicable, a updated phase 1 environmental site assessment , designated substance survey and partial site remediation be drawn from the rent monies collected even if the municipality is unsuccessful in its Green Municipal Fund grant application. d � / Reviewed b Submitted by. ����1 c/� % y. `Nancy T,aylo 134A, CA. ranklin Wu, Director of Finance/ Chief Administrative Officer Treasurer NT/LG/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-1 REPORT NO.: FND-024-11 PAGE 2 1.0 BACKGROUND 1.1 The property located at the municipal address of 173 Baseline Road, Bowmanville, Ontario (formerly Mr. Art Robinson's properly) vested in the Municipality of Clarington in October 2004 from a failed property tax sale in 2003 due to suspected contamination on the property and the large outstanding property taxes. 1.2 The municipality had a phase 1 and 2 environmental site assessment completed in June and September 2004 along with a designated substance survey. 1.3 As a result of the 2004 phase 2 ESA and designated substance survey, it was recommended that a supplemental site assessment be done in areas that were inaccessible due to storage of equipment in the interior and exterior of the warehouse building (southern building on the property). The depth and range of the contamination below surface grade was required in order to provide an estimate for the cleanup/restoration of the property. A detailed substance survey was also recommended if any building or sections of a building were to be demolished or renovated as some areas were inaccessible due to storage of equipment. 1.4 Subsequently, all the equipment owned by Mr. Robinson and/or his brother have been removed from the property leaving piles of debris inside and outside the warehouse building as well as several soil mounds containing old tires, concrete pieces, metal rods and waste including soils from unknown origins. 1.5 The company Aecon Ltd. rented the property at 173 Baseline Road for a period between 2005 and 2009 and the rent monies have been set aside in the Rate Stabilization reserve fund in the approximate amount of $100,000.00. 1.6 All of the recommendations in this report are intended to address (and hopefully settle) issues that are being litigated in a civil action filed by Mr. Robinson against the Municipality with the ultimate intent to dispose of the property. 2.0 Green Municipal Fund 2.1 The Green Municipal Fund (GMF) is the Federation of Canadian Municipalities (FCM) funding program that is available to all municipal governments and their partners for eligible projects. 2.2 Eligible project types are plans; studies and tests; and capital projects in the areas of brownfields, energy, transportation, waste and water sectors. 15-2 i REPORT NO.: FND-024-11 PAGE 3 2.3 Grants are offered up to 50% of the eligible costs for plans, feasibility studies and field tests to a maximum of$175,000 in the areas of brownfields, energy, transportation, waste and water sectors. 2.4 Prerequisites and supporting documents are required when submitting the application form to FCM for the Green Municipal Fund program. The prerequisites and supporting documents vary depending upon the project type applied for. 3.0 CONCURRENCE: 3.1 This report has been reviewed by Andy Allison, Municipal Solicitor and Marie Marano, Director of Corporate Services, who concur with the recommendations. 4.0 CONCLUSION 4.1 As it's been seven (7) years since the phase 2 ESA was completed on the 173 Baseline Road property and there have been legislated amendments to the Environmental regulations, staff are requesting updated supplemental ESA phase 2 (and if it's in the best interest of the municipality to have a Record of Site Condition report, an updated phase 1 ESA is required) and designated substance survey quotations from environmental consulting firms. 4.2 Staff is also requesting real estate appraisal and quotes on the removal of debris from the property; however, there is some hindrance for the removal until the supplemental ESA phase 2 is completed and the extent of contamination is known. 4.3 Staff is recommending that the municipality submit an application for the feasibility studies and field tests grant available in the Green Municipal Fund program offered by FCM. 4.4 The phase 2 supplemental ESA and designated substance survey are eligible projects in the feasibility studies and field tests for the brownfield category for a grant to cover up to 50% of eligible costs to a maximum of $175,000. The municipality's portion of the funding would be funded from the rent monies. 4.5 Staff recommend that the funding for the phase 2 supplemental ESA, designated substance survey and partial remediation of the property (i.e. debris removal) be funded from the rent monies even if the municipality is unsuccessful in its grant application for GMF. 4.6 Some of the prerequisites for the GMF application are that Council approves the submission of the application form and source of funding and that a letter from the municipality is sent to the provincial government advising that the municipality is submitting an application for a grant from the GMF offered by FCM. 15-3 REPORT NO.: FND-024-11 PAGE 4 4.7 Staff believes a more updated detailed report on the extent of the contamination and the designated substance survey along with the estimated costs of clean up/remediation will be necessary for the municipality to receive sincere, realistic offers of purchase for the property. 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 X Maintaining financial stability _ Connecting Clarington X Promoting green initiatives _ Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: Nancy M. Taylor, Director of Finance/Treasurer List of interested parties to be advised of Council's decision: Ministry of Municipal Affairs and Housing 15-4 Clarftwn REPORT LEGAL DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution#: By-law#: Report#: LGL-012-11 File#: L1000-12 Subject: PROPOSED NUISANCE BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report LGL-012-11 be received; 2. THAT the By-law attached to Report LGL-012-11 be approved; and 3. THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of Council's decision. Submitted by: f` `'�` - Reviewed by: C) Andrew C. Allison Franklin Wu Municipal Solicitor Chief Administrative Officer ACA/j b CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 16-1 REPORT NO.: LGL-012-11 PAGE 2 1.0 BACKGROUND 1.1 At the November 7, 2011 Council meeting, Council resolved (Resolution #C-482- 11) as follows: THAT the proposed nuisance by-law be referred to the solicitor to consider and incorporate Dr. Larose's comments; and THAT a copy of the report be forwarded to the City of Oshawa. 1.2 During his deputation on November 7, 2011, Dr. Larose made the following comments in relation to the proposed Nuisance By-law: fl-Concerns The proposed By-Law intends to address, and rightly so, various issues that are deemed to be offensive and socially unacceptable — So far, so good! However, it fails to distinguish between... • the unacceptable gatherings and actions of the less desirable elements of the human species.and • the acceptable gatherings and actions that are associated with a healthy democracy. V-Recommendations In order to avoid future subjective interpretations, the text of the proposed By-Law should be amended as follows: 1 - Include the following limitation..:.. • This By-Law should explicitly and formally indicate that the expression "Nuisance"is limited to Socially Reprehensible and Destructive Behaviors. 2 - Amend the list of interpretations and Prohibited Activities. 3 - Include a new section entitled "Scope and Extent", with appropriate numbering of items... • No provision of this By-Law is intended to intimidate people in pursuit of democratic activities or in the expression of their displeasure vis-a-vis the conduct of elected officials. 16-2 REPORT NO.: LGL-012-11 PAGE 3 • Nothing in this By-Law should be construed to bar in any way Legitimate Peaceful, but possibly Vocal, Assemblies and the Freedom of Expression. • This By-Law is consistent with the Charter of Rights and Freedoms. 2.0 DISCUSSION 2.1 The general intent and purpose of the proposed Nuisance By-law was addressed in Report CLD-027-11 (Attachment 1). In order to further clarify the purpose of the proposed by-law, a new section has been added (section 7 in Attachment 2). 2.2 Many of the concerns expressed by Dr. Larose regarding Charter rights were addressed in a recent decision dealing with the "Occupy Toronto" movement (Batty v. City of Toronto, 2011 ONSC 6862). This decision addressed the concerns expressed by Dr. Larose in his request for a new "Scope and Extent" section. 3.0 CONCURRANCE 3.1 The Municipal Clerk has reviewed this report and concurs with the recommendations. Attachments: Attachment 1: Report CLD-027-11 Attachment 2: Proposed Nuisance By-law 16-3 ATTACHMENT NO. 1 TO REPORT LGL-011-12 Rt: r u Rmism a CLERK'S NT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 31, 2011 Resolution#: (9M- 631-11 By-law#: Report#: CLD-027-11 File#: Subject: PROPOSED NUISANCE BY-LAW i RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-027-11 be received; 2. . THAT the By-law attached to Report CLD-027-11, a by-law to regulate and prohibit public nuisances be approved; and 3. THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of Council's decision. Submitted by: Reviewed by: at . B ie Franklin Wu, unici at * Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON' 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 16-4 i REPORT NO.: CLD-027-11 PAGE 2 1. BACKGROUND In 1994, the Municipality, in response to a request from the Durham Regional Police, passed a Loitering By-law. The By-law was intended to assist the police in dealing with groups of people congregating and causing problems for pedestrians in various areas within the Municipality. It was felt that such a by-law would give the police the tools necessary to deal effectively with these situations. While it has proven to be a useful tool, it has not gone far enough to address all the needs of the police. In recent years, acts of general rowdiness and unacceptable conduct have increased and the police have once again come to the Municipality for assistance. 2. COMMENTS In order to address the concerns of the police, a by-law to regulate and prohibit public nuisances has been prepared. The proposed by-law contains many of the key elements of the City of Oshawa's by-law and others in effect around the province. By creating offences for public urination, fighting, vandalism and other public nuisances in a municipal by-law, it will be easier for the police to respond to these situations. The police are requesting this by-law be enacted in Clarington to offer them a more expedient option to address these situations. 3. PARTICULARS OF RESTRICTIONS The Municipal Act, 2009 allows a council to designate certain activities as a public nuisance within the municipality. For the purposes of this by-law, these activities will include public urination, defecation, vomiting, screaming and other acts which are injurious or offensive to the general public. This collection of offences will give the police an option for enforcement beyond that of a criminal charge, thus allowing for faster, more effective response to public calls for service. Including these activities.in the by-law does not remove them or protect an individual from possible criminal prosecution if, in the opinion of the investigating officer, such action is warranted. It simply adds to the list of available options for police enforcement. 16-5 REPORT NO.: CLD-027-11 PAGE 3 4. CONCURRENCE This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. Copies of both the Report and the By-law have been forwarded to the Durham Regional Police for their information. Inspector Ostler has indicated that they concur with the recommendations. 5. CONCLUSION Staff have spoken at length with the Durham Regional Police about this proposal and it has been strongly encouraged and endorsed by the police, During those conversations, it was clearly understood that the most logical agency to enforce the provisions of this by-law would be the police and they will, in fact, be the primary agency to enforce this by-law. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement Attachment: Attachment 1 - Proposed Nuisance By-law List of interested parties to be advised of Council's decision: Inspector Ostler, Durham Regional Police Service 16-6 ATTACHMENT# TO REPORT# CkO-OV7-11 MUNICIPALITY OF CLARINGTON BY-LAW 2011- -A By-law to regulate and prohibit public nuisances WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances including matters that, in the opinion of Council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: Part 1 -INTERPRETATION Definitions 1. In this by-law, "defecate" means to discharge excrement from the human body; "highway"has the same meaning as in the Highway Traffic Act, R.S.O. 1990 c. H. 8; "Municipality"means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "nuisance"includes, (a) soliciting; (b) fighting, screaming,yelling or using profane or abusive language or gestures; (c) defacing, damaging or vandalizing public or private property; (d) expectorating in a public place; (e) anything which is injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property;and . (f) any other activity or conduct that is disorderly, annoying, unpleasant or obnoxious; "officer"means any employee, officer or agent of the Municipality whose duties include the enforcement of this by-law and any police officer as defined in section 2 of the Police Services Act, R.S.O. 1990, c. P.15; "person"includes an individual, association,firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors,or legal representatives; "public place"includes a highway and any place to which the public has access as of right or invitation, express or implied,and private property that is exposed to public view,whether or not the property is owned by the person contravening the by-law; "solicit" means to request, in person,the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using spoken,written or printed word, a gesture or other means; 16-7 Nuisance By-law 2011-XXX Page 2 "urinate"means to discharge urine from the human body; and "vomit"means to throw up the contents of the stomach. References 2. In this by-law, reference to any Act is reference to that Act as it is amended or re- enacted from time to time. 3. Unless otherwise specified, references in this by-law to sections and subsections are references to sections and subsections in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Application 6. This by-law applies to all land within the Municipality unless specifically exempted by this By-law. Part 2- PROHIBITED ACTIVITIES 7. (a) No person shall cause, create or permit a nuisance in any public place. without reasonable excuse, (b) For the purposes of this section,"reasonable excuse"means, (i) the contravention of this by-law must be inevitable, unavoidable and afford no.reasonable opportunity for an alternative course of action that does not contravene this by-law; and (ii) where the contravention of this by-law is the consequence of illness, the person did not contemplate or, acting reasonably ought not to have contemplated,that the person's actions would likely cause the illness or give rise to the contravention of this by-law. 8. No person shall knock over, attempt to knock over, deface, attempt to deface, remove or attempt to remove a Canada Post mailbox, relay box, newspaper box, Blue Box, garbage container, traffic or street sign, utility pole or any other public or private property. Order to Discontinue Activity 9. (1) Where an officer is satisfied that a person has contravened this by-law,the officer may make an order requiring the person who contravened the by- law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity. (2) An order under this section shall set out, (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and (b) the date by which there must be compliance with the order. 16-8 i I Nuisance By-law 2011-XXX Page 3 10, No person shall fail to comply with an order issued under this by-law. Obstruction 11. No person shall hinder or obstruct, or attempt to hinder or obstruct, an officer who Is exercising a power or performing a duty under this by-law. Offence and Penalty 12. Every person who contravenes any provision of this by-law guilty of an offence upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S,O. 1990, c. P,33. Part 3 -GENERAL PROVISIONS Conflict 13, If there is a conflict between a provision of this by-law and a provision of any other Municipal'by-law,the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply. Short Title 14. The short title of this by-law is the"Nuisance By-law". Effective Date 15, This by-law.shall be effective on the date of its passing. By-law approved this _day of November, 2011. Mayor Adrian Foster Patti L Barrie Municipal Clerk 16-9 ATTACHMENT NO. 2 TO REPORT LGL-011-12 MUNICIPALITY OF CLARINGTON BY-LAW 2011- A By-law to regulate and prohibit public nuisances WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances including matters that, in the opinion of Council, are or could become or cause public nuisances. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: Part 1 - INTERPRETATION Definitions 1. In this by-law, "defecate" means to discharge excrement from the human body; "highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c. H. 8; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "nuisance" includes, (a) soliciting; (b) fighting, screaming, yelling or using profane or abusive language or gestures; (c) defacing, damaging or vandalizing public or private property; (d) expectorating in a public place; (e) anything which is injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property;and (f) any other activity or conduct that is disorderly, annoying, unpleasant or obnoxious; 16-10 i Nuisance By-law 2011-XXX Page 2 "officer" means any employee, officer or agent of the Municipality whose duties include the enforcement of this by-law and any police officer as defined in section 2 of the Police Services Act, R.S.O. 1990, c. P.15; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives; "public place" includes a highway and any place to which the public has access as of right or invitation, express or implied, and private property that is exposed to public view, whether or not the property is owned by the person contravening the by-law; "solicit" means to request, in person, the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using spoken, written or printed word, a gesture or other means; "urinate" means to discharge urine from the human body; and "vomit" means to throw up the contents of the stomach. References 2. In this by-law, reference to any Act is reference to that Act as it is amended or re- enacted from time to time. 3. Unless otherwise specified, references in this by-law to sections and subsections are references to sections and subsections in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the,context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Application 6. This by-law applies to all land within the Municipality unless specifically exempted by this By-law. Purpose 7. This by-law is intended to regulate and prohibit socially reprehensible and destructive behaviours. Nothing in this by-law is intended to regulate or in any 16-11 i I Nuisance By-law 2011-XXX Page 3 way prohibit the freedom of expression and the freedom of peaceful assembly guaranteed under the Canadian Charter of Rights and Freedoms. Part 2 - PROHIBITED ACTIVITIES 8. (a) No person shall cause, create or permit a nuisance in any public place without reasonable excuse. (b) For the purposes of this section, "reasonable excuse" means, (i) the contravention of this by-law must,be inevitable, unavoidable and afford no reasonable opportunity for an alternative course of action that does not contravene this by-law; and (ii) where the contravention of this by-law is the consequence of illness, the person did not contemplate or, acting reasonably ought not to have contemplated, that the person's actions would likely cause the illness or give rise to the contravention of this by-law. 9. No person shall knock over, attempt to knock over, deface, attempt to deface, remove or attempt to remove a Canada Post mailbox, relay box, newspaper box, Blue Box, garbage container, traffic or street sign, utility pole or any other public or private property. Order to Discontinue Activity 10. (1) Where an officer is satisfied that a person has contravened this by-law, the officer may make an order requiring the person who contravened the by- law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity. (2) An order under this section shall set out, (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and (b) the date by which there must be.compliance with the order. 16-12 Nuisance By-law 2011-XXX Page 4 11. No person shall fail to comply with an order issued under this by-law. Obstruction . 12. No person shall hinder or obstruct, or attempt to hinder or obstruct, an officer who is exercising a power or performing a duty under this by-law. Offence and Penalty 13. Every person who contravenes any provision of this by-law guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. Part 3- GENERAL PROVISIONS Conflict 14. If there is a conflict between a provision of this by-law and a provision of any other Municipal by-law, the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply. Short Title 15. The short title of this by-law is the "Nuisance By-law". Effective Date 16. This by-law shall be effective on the date of its passing. By-law approved this _day of November, 2011. Mayor Adrian Foster Patti L Barrie Municipal Clerk 16-13 • MEMO Leaning the Olay CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti Barrie, Municipal Clerk Date: December 9, 2011 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — DECEMBER 12, 2011 — UPDATE I, Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, December 12, 2011: 5, 6, 7 ORDER OF AGENDA As per recent By-law 2011-110, the order of the agenda should be as follows: Section 5 — Public Meeting Section 6 — Delegations Section 7 — Presentations 6. DELEGATIONS - No changes or additions to the delegations. 13. MUNICIPAL CLERK'S DEPARTMENT (d) CLD-038-11 Replacement page (Attachment#1) for Page 2 of CLD-038-11 (slight change to Chart 1); replacement page (Attachment#2) for Page 3 of CLD-038-11 (slight change to Chart 2) and replacement page (Attachment#3) for first page of Attachment 1 to Report CLD-038-11 (reflecting recent changes to City of Oshawa's license fees). 19. OTHER BUSINESS esolution — To Request Provincial Regulations Regarding Commercial Fill erations (Attachment#4) Patti Barrie, Municipal Clerk PLB/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 ATTACHMENT# T REPORT NO.: CLD-038-11 PAGE 2 1. BACKGROUND Under the authority of the Municipal Act, and in accordance with the Clarington Responsible Pet Owners' By-law, the Municipality of Clarington requires that all dogs and cats be licensed. Note, licensing of dogs has been done since 1859 and cats since 2000. The purpose of licensing pets is to ensure the health and safety of our Clarington residents and our pets. The licensing revenues assist the Municipality in providing valuable animal related services such as: • Easy reuniting of dogs and cats to their owners if the animal is wearing a current tag, • Public education initiatives in schools and within the community, • The feeding, sheltering and safe keeping of impounded or surrendered animals, and • Our pet adoption program. 2. FEE STRUCTURE AND PRICES Effective January 1, 2000 By-law 99-90 was enacted by Council, which updated and consolidated a number of by-laws governing animals in the Town of Newcastle. As well, this by-law implemented the licensing of cats and the opportunity for lifetime licences. Since 2000, By-law 99-90 has been repealed and replaced with By-law 2006-227, which has been amended several times. Despite the many amendments to the by-laws, the fee structure has remained rather consistent and the associated fee prices have remained very affordable. The current fee structure and associated fee prices for Clarington are as follows: Licence Fees $10.00"rochipped & spayed/neutered $20,00 Dog - Spayed/neutered or microchipped $35.00 Dog-- Unaltered $40.00 Dog - Lifetime (must be altered & microchipped) $100.00 Dog - Agricultural $10.00Cat - Microchipped & spayed/neutered $20.00 Cat - Spayed/neutered or microchipped $25.00 Cat - Unaltered $40.00 Cat - Lifetime (must be altered & microchipped) $100.00 Cat - Agricultural (Chart 1) ATTACHMENT#—,21--TO REPORT NO.: CLD-038-11 ITU PAGE 3 Attachment 1 to this Report is a summary of licensing structure and prices for area municipalities. 3. COMMENTS 3.1 Fee Increase Prior to approximately 1967 dog owners paid an additional tax and were actually registered on the tax roll as dog owners. While this practice is no longer followed, the concept remains today that licensing revenues are collected from dog and cat owners to assist in paying for animal related services within our community. The actual costs for animal related services have steadily increased over the past 5 years, while the licensing fees have remained rather static. Among the cost increases are many external influences beyond our control including, but not limited to: fuel, medications, veterinarian, and food. Staff are recommending that the licence fee prices be increased effective January 2012. For the most part, the recommended fee increase is $5.00 per licence. Staff believes the proposed fees to be affordable, reasonable, fair, and in line with our neighbouring municipalities. Recommended Licence Fees — effective January 1, 2012 $15.00 Dog - Microchipped & spayed/neutered $25.00 Dog - Spayed/neutered, no microchip $40.00 Dog - Unaltered $100.00 Dog - Agricultural $15.00 Cat - Microchipped & spayed/neutered $25.00 Cat - Spayed/neutered or microchipped $40,00 Cat - Unaltered $100.00 Ca�- Agricultural (Chart 2) ATTACHMENT# T0, Attachment 1 to Report CLD-038-11 2012 ANIMAL LICENSE. FEES - OTHER MUNICIPALITIES CITY OF PETERBOROUGH DOG CAT Unaltered $50 N/A Spayed/Neutered $25 N/A SENIOR RATES OVER 65 Unaltered $35 N/A Spayed/Neutered $15 N/A CITY OF OSHAWA DOG CAT Unaltered with proof of annual rabies $50 $50 vaccine Unaltered with proof of annual rabies $60 Lifetime $60 Lifetime vaccine & microchip Spayed/neutered and annual rabies $25 $25 vaccine Spayed/neutered, annual rabies vaccine & $40 Lifetime $40 Lifetime microchip Special Needs Dos No charge N/A • Including ferrets, which must also be licensed. CITY OF PICKERING DOG CAT Unaltered $50 $50 Unaltered with Microchip $40 $40 Spayed/Neutered $20 $20 Spayed/Neutered with Microchip $15 $15 Replacement to $5 $5 PAW ANIMAL SERVICES DOG CAT WHITBY Unaltered, over 3 months $40 $40 Spayed/Neutered $20 $20 Microchi ed $35 $35 Spayed/Neutered and Microchi ed $15 $15 Replacement to $5 $5 Lifetime licence for spayed/neutered onl $35 N/A Personal Assitance Dog, Law Enforcement No fee N/A Working Dog, Companion Do ATTACHMENT# TO MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE RESOLUTION # DATE December 12 2011 MOVED BY SECONDED BY WHEREAS municipalities are faced with requests from Commercial Fill Operators to place fill in, for example, either previously undisturbed areas or expired gravel extraction pits; AND WHEREAS municipalities have limited resources and ability to regulate this type of operation other than through zoning restrictions and agreements associated predominantly with operational protocol; AND WHEREAS the issue of soil quality of fill imported to a receiving site potentially has a significant cross jurisdictional environmental impact that should be elevated to the Provincial level through the Ministry of the Environment; AND WHEREAS the Ministry of the Environment has established criteria for quality of fill for Brownfield redevelopment but not for the importation and placement of fill within, as an example, undisturbed areas or expired gravel extraction pits; BE IT THEREFORE RESOLVED that the Province, through the Ministry of the Environment, establish guidelines, regulations and a Provincially regulated approval process to govern the quality of fill imported to a receiving site other than for the purpose of Brownfield redevelopment; AND FURTHER, THAT the Clerk forward copies of this resolution to York-Simcoe MOP, Julia Munroe, the Ministry of the Environment, the Association of Municipalities of Ontario and all Ontario Municipalities for their consideration. HANDOUTS PRESENTATIONS L,OCAL LOOK BACK essay/ spec-ch competition Durham r -i ing essayj-�poezh ca m petitions e opportunity people 4 i rnunkipal iRovernment and share a local look back at how their communities have evolved. Ik1iCLX BROC K fi LARIMGTON WHITB'f p r-n to Grade 7 & 8 Students in O u rham Red io n 1110 vMU a word iu&oid aestpWo.0 the o 'WLs erf H pv r szhaoL itrw� vv�at b.Dvcr wa:� La OP ill:time tivLte dour 4C- 4 b6cit`t! as-say submissl4m -3dllnf May 12012 ludents SiNeded to reples."I thti r school will presi ill ttert-es as speeches to Ifie Mayor and Councillors cil their rnunw-ipality at al special public mW ng in-Councr Chernbers in May (exact datV lirne to be decided) 0 A special awaicl will I)e gir ein to the stude-ni writo produtes ark essaylspeech heist captunrg the early his;ory or recent Rant cl his flr her school as vNell as the devetopment-of the communotyr at the time of the(ouindiW of the school. Winning @ssayx will be published on rm unichpal w @bsrtes$ In to-call piap c FOR RULE3& MORE DETAILS VISIT: www.1ocaIlookback.com mil q4 ►+ to I al 1(13XR0,QMR11 170M r i a J.