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HomeMy WebLinkAbout06/22/1998 CMUNICIPALITY OF .1arington ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: June 22, 1998 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES Minutes of a Regular Meeting of June 8, 1998 4. PRESENTATION (a) Fred Horvath and Kathe Groen, Co-Chairs, Joint Health and Safety Committee (b) Bernie Chandler, Deloitte & Touche, Chartered Accountants, Bank of Commerce Building, 5140 Yonge Street, Suite 1700, North York, M2N 61-7 — Report TR49-98 (c) Michael Patrick, President, Board of Trade, do Jennifer Cooke — 1998 Budget (3 year) 5. DELEGATIONS (a) Glenn Genge, Greer Galloway Group, 40 King Street West Suite 204, Oshawa, L1 H 1A4 — PD-75-98 (b) Dale Toombs,15 Walker Street, Lindsay, K9V 5Z8 — Report PD-77-98 (c) Nick Mensink, G.M. Sernas and Associates, 110 Scotia Court, Unit 41, Whitby, L1 N 8Y7 — Report PD-82-98 (d) Representative of the Bowmanville Business Improvement Area — Report CD-31-98 (e) Mike Bilsky, 8250 Old Scugog Road, Enniskillen, LOA 1JO — Report WD-41-98 (f) Stephen Wood, Box 416, Orono, LOB 1 MO — Report CD-30-98 CORPORATION nF TNF UIINic1ae11TV nG ri A01u1'-r11.1 `(�(7 i I� C.P.& A. Agenda - 2 - June 22, 1998 (g) Richard Stephenson, 4346 Concession 6, Kendal., L1A 1 EO — Report CD-30-98 (h) Pat Atkins, R.R. #1, Kendal, L1 A 1 EO — Report CD-30-98 (i) Eric Atkins, R.R. #1, Kendal, L1A 1 EO — Report CD-30-98 (j) Les Bergmann, 3757 Concession Road 3, Newcastle, L1 B 1 L9 - Report CD-30-98 (k) Delbert Grills, 3054 Tooleys Road, Courtice, L1E 2K8 — Report CD-30-98 (1) Scott Alldread, 4506 Highway 2, Newtonville, LOA 1JO — Report CD-30-98 _ (m) Jerry Hale, 4349 Concession Road 4, Newtonville, LOA 1JO -� Report CD-30-98 (n) Robert Bouley, 3445 Concession Road 5, Starkville, LOA 1JO — Report CD-30-98 (o) Norm Jung, Ontario Federation of Anglers and Hunters, 115 Oshawa Boulevard North, Oshawa, L1 G 5W2 — Report CD-30-98 6. PUBLIC MEETING (al Proposed Official Plan Amendment to change: • A new policy section would be introduced into the Bowmanville West Main Central Area Secondary Plan to permit entertainment commercial uses; • A 4.8 hectare area of land located in Part Lot 16, Concession 1, former Township of Darlington at the northeast corner of Highway 2 and Green Road would be redesignated from "High Density Residential" and "Medium Density Residential" to permit entertainment commercial uses; and • A 0.5 hectare parcel of land located in Part Lot 16, Concession 1, former Township of Darlington at the northeast corner of Clarington Boulevard and Uptown Avenue would be redesignated from "Community Facility" to permit a commercial parking lot. G.P.& A. Agenda - 3 - June 22, 1998 Proposed Zoning By-law Amendment to change: • A 4.8 hectare area of land located in Part Lot 16, Concession 1, former Township of Darlington at the northeast corner of Highway 2 and Green Road would be rezoned from "Agricultural (A)" to an appropriate zone permitting entertainment commercial uses; and • A temporary use by-law would be repealed on a 0.5 hectare parcel of land located in Part Lot 16, Concession 1, former Township of Darlington at the northeast corner of Clarington Boulevard and Uptown Avenue and the property would be zoned "General Commercial Exception (C1-22) Zone" to permit a commercial parking lot. 501 7. PLANNING AND DEVELOPMENT DEPARTMENT --e - -- -��- (a) PD-71-98 - Official Plan Amendment and Rezoning Applications, Clarington Place Limited and and 800769 Ontario Limited, Part Lot 16, Concession 1, Former Township of Darlington 601 (b) PD-72-98 - Removal of Holding "H" Symbol, Clinic Buildings (1979) Limited, Part Lot 34, Concession 2, Former Township of Darlington 618 (c) PD-73-98 - Amendment to Sign By-law Off-Site Directional Tourism Signs 623 (d) PD-74-98 - Removal of Holding "H" Symbol, Robinson Ridge Development Inc., Part Lot 35, Concession 1, Former Township of Darlington 665 (e) PD-75-98 - Proposed Plan of Subdivision and Rezoning Mr. Jose Ibanez Et Al, Part Lot 16, Concession 1 Former Township of Darlington 671 (f) PD-76-98 - Request for Partial Release of Subdivision Agreement, Draft Plan of Subdivision — 18T-86062 Applicant —Jost, Part Lot 9, Concession 6, Former Township of Darlington 690 (g) PD-77-98 - Regional Official Plan Amendment, Part Lot 16, Concession 1, Former Township of Clarke Joseph and Elias Michael 697 G.P.& A. Agenda - 4 - June 22, 1998 (h) PD-78-98 - Removal of Part Lot Control — Green Martin Holdings Ltd., Part Lot 17, Concession 1, Former Township of Darlington 699008 (i) PD-79-98 - Rezoning Application, 290572 Ontario Limited Part Lot 29, Concession 2, Former Township of Darlington - Northwest corner of Courtice Road and Sandringham Drive 699013 (j) PD-80-98 - 757001 Ontario Limited —Timberlane Court Extension, Subdivision 40M-1785, Certificate of Release 699026 (k) PD-81-98 - Request for Release of Security Deposit, Registered Plan of Subdivision 10M-793, Rossert Taunus_ Construction Ltd., Part Lot 15, ConcessioU 3,�_._. Former Township of Darlington 699033 (1) PD-82-98 - Rezoning Application, Quarry Lake Golf and Recreation Centre, Part Lot 13 and 14, Concession 3, Former Township of Darlington, 3705 Regional Road 57— South of Concession Road 4 . 699038 8. CLERK'S DEPARTMENT (a) CD-30-98 - Hunting Activities in the Municipality 701 (b) CD-31-98 - Parking Proposal — Bowmanville Business Centre 719 (c) CD-21-98 - Implementation of a Curfew 723 9. TREASURY DEPARTMENT (a) TR48-98 - Purchase of Janitorial and Cleaning Supplies 801 (b) TR-49-98 - 1997 Audit Report and Management Letter 804 (c) TR-50-98 - Year 2000 — Compliance Update 807 (d) TR-51-98 - Cash Activity Report -April 1998 811 (e) TR-52-98 - Q98-11, Driveway Paving 819 (f) TR-53-98 - Tender CL98-10, Fire Fighter Bunker Suits 821 (g) TR-54-98 - Acceptance of Contracts and Quotations 823 G.P.& A. Agenda - 5 - June 22, 1998 (h) TR-55-98 - CL98-8, One (1) Only Cab and Chassis 39,000 G.V.W., with Plow and Sander 826 10. FIRE DEPARTMENT (a) FD-10-98 - Monthly Fire Report — May 1998 901 11. COMMUNITY SERVICES DEPARTMENT (a) CS-11-98 - Rickard Recreation Complex — Concession Equipment 1001 (b) CS-12-98 - Expansion Project- Rickard Recreation Complex 1004 12. PUBLIC WORKS DEPARTMENT (a) WD-34-98 - Water Spring, Concession 8, Lot 5, Darlington 1101 (b) WD-35-98 - Monthly Report on Building Activity for May 1998 1107 (c) WD-36-98 - Waste Management — Pilot Project 1112 (d) WD-37-98 - Old Scugog Road Realignment and Scugog Street Realignment Traffic Amendments 1157 (e) WD-38-98 - Request for Soccer Pitches at the Northeast Corner of Highway No. 2 and Centerfield Drive, Courtice 1166 (f) WD40-98 - Street Receptacles, Benches and Planters for Orono and Newcastle B.I.A. 1173 (g) WD-41-98 - Speed Humps — Enniskillen 1189 13. ADMINISTRATION (a) ADMIN-06-98 - Corporate Health and Safety Program 1201 (b) ADMIN-11-98 - Oshawa/Clarington Association for Community Living Lease Agreement 1226 14. UNFINISHED BUSINESS Addendum (a) CD-34-97 - Long-Term Service and Retirement 1301 G.P.& A. Agenda - 6 - June 22, 1998 15. OTHER BUSINESS (a) Appointments to Boards and Committees (to be distributed under separate cover) 1) Clarke Museum 2) Bowmanville Museum 3) Animal Advisory Committee 16. ADJOURNMENT THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 8, 1998 I Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 8, 1998 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Acting Mayor J. Schell(until 11:15 a.m.) Councillor J.Mutton Councillor M.Novak Councillor J.Rowe Councillor C.Trim Councillor T.Young i Absent: Mayor D.Harare(on municipal business) Also Present: Chief Administrative Officer,W. Stockwell Director of Community Services,J.Caruana (until 11:15 a.m.) Fire Chief,M.Creighton (until 11:15 a.m.) Treasurer,M.Marano Director of Public Works,S.Vokes(until 11:15 a.m.) Director of Planning and Development,F.Wu (until 11:15 a.m.) Deputy Clerk,M.Knight Acting Mayor Schell chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST I Councillor Young advised that he would be disclosing a pecuniary interest regarding Application A98/024 contained in Report PD-69-98. I MINUTES Resolution#GPA-346-98 Moved by Councillor Trim,seconded by Councillor Novak THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 25, 1998,be approved. "CARRIED" �I I 301 i G.P.&A. Minutes -2- June 8, 1998 PRESENTATION David Reed,Vice President,Frank Cowan Company Ltd.,Princeton, NOJ 1 VO—advised that Frank Cowan Company Ltd.has been in business since 1932 and now offers the following services: - seminars - property inspections - Cowan News—Newsletter - information packages - liability assessments;and j - Contractual review. He circulated an information package to Members of the Committee. i DELEGATIONS (a) Ben Chartier,Handi Transit,44 William Street West,Oshawa, L1G 1J9—circulated a letter dated June 3, 1998,and a Handi Transit— Clarington Five-Year comparison. He stated that this non-profit company was set up in 1974 and provides essential transportation services to eligible physically challenged persons. (b) Bob Annaert,D.G.Biddle and Associates,96 King Street East,Oshawa,L1H 1B6—noted that he has read the contents of Report PD-66-98 and can satisfy the municipality's requirements. Councillor Novak chaired this portion of the meeting. PUBLIC MEETINGS There were no public meetings scheduled for this meeting. i PLANNING AND DEVELOPMENT DEPARTMENT Samuel Wilmot Resolution#GPA-347-98 Nature Area Management Moved by Councillor Rowe,seconded by Councillor Trim Advisor_'Committee THAT Report PD-64-98 be received; THAT a Management Advisory Committee be established to assist the Municipality and Ministry of Natural Resources in the managing the Samuel Wilmot Nature i Area; THAT Council approve the Terms of Reference attached to Report PD-64-98 for i the proposed Management Advisory Committee; THAT a member of Council be appointed to sit on the Management Advisory Committee for the Samuel Wilmot Nature Area;and THAT staff be authorized to advertise for participants on the Samuel Wilmot Nature Area Management Advisory Committee and report back with a list of appropriate candidates for Council's consideration. "CARRIED" 302 G.P.&A.Minutes -3- June 8, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Amendment to Resolution#GPA-348-98 the Clarington Official Plan to Moved by Councillor Schell,seconded by Councillor Trim Resolve Deferral No. 14 THAT Report PD-65-98 be received; D09.COPA.97.011 THAT the proposed official plan amendment initiated by the Municipality of Clarington be approved as Amendment No.7 to the Clarington Official Plan as shown in Attachment No. 1 to Report PD-65-98; THAT the necessary by-law to adopt Amendment No.7 be passed,and that the Amendment be forwarded to the Regional Municipality of Durham for approval; and THAT a copy of Report PD-65-98 be forwarded to the Regional Planning Department. "CARRIED" Plan of Subdivision Resolution#GPA-349-98 W.E.Roth Construction Ltd. Moved by Councillor Mutton,seconded by Councillor Trim D 12.18T.97028 THAT Report PD-66-98 be received; THAT the application for a proposed draft plan of subdivision submitted by W.E. j Roth Construction Ltd.be approved subject to the conditions of Draft Approval contained in Report PD-66-98; THAT the Mayor and Clerk be authorized,by by-law,to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT a copy of Report PD-66-98 and Council's decision be forwarded to the Region of Durham Planning Department;and I THAT all interested parties listed in Report PD-66-98 and any delegations be_ advised of Council's decision. j "CARRIED" Application for Resolution#GPA-350-98 Removal of Holdin_a- Halminen Moved by Councillor Schell, seconded by Councillor Trim Buildina Corp. D 14.DEV.98.032 THAT Report PD-67-98 be received; THAT Rezoning Application DEV 98-032 submitted by George L. Smith,on behalf of Halminen Building Corporation(Clarington),requesting the removal of the "Holding(H)"symbol from the subject lands be approved; THAT the amending by-law attached to Report PD-67-98 be forwarded to Council for approval; 0-3 i G.P.&A. Minutes -4- June 8, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT a copy of Report PD-67-98 and the amending By-law be forwarded to the Region of Durham Planning Department;and THAT all interested parties listed in Report PD-67-98 and any delegations be advised of Council's decision. i "CARRIED" Application for Resolution#GPA-351-98 Removal of Holding(H)Symbol Moved by Councillor Trim,seconded by Councillor Mutton West Bowmanville Dev. Corp. THAT Report PD-68-98 be received; D 14.DEV.98.031 THAT rezoning application DEV 98-031 submitted by West Bowmanville Development Corp.requesting the removal of the"Holding(H)"symbol from the subject lands be approved; THAT the amending by-law attached to Report PD-68-98 be forwarded to Council for approval; THAT a copy of Report PD-68-98 and the amending by-law be forwarded to the Region of Durham Planning Department;and I THAT all interested parties listed in Report PD-68-98 and any delegations be advised of Council's decision. "CARRIED" Monitoring the Resolution#GPA-352-98 Decisions of the Committee Moved by Councillor Mutton,seconded by Councillor Rowe of Adjustment D 13.00 THAT the recommendations contained in Report PD-69-98 be divided. "CARRIED" Resolution#GPA-353-98 Moved by Councillor Young,seconded by Councillor Schell THAT Report PD-69-98 be received; THAT Council concur with decisions of the Committee of Adjustment made on May 28, 1998 for Applications A98/004,A98/006,A98/022,A98/023 and A98/025;and THAT staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A98/004,A98/006, A98/022,A98/023 and A98/025,in the event of an appeal. i "CARRIED" I 304 G.P.&A.Minutes -5- June 8, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Councillor Young disclosed a pecuniary interest with respect to Application A98/024 contained in Report PD-69-98,and refrained from discussion and voting on the matter. The proponents may be prospective clients. Resolution#GPA-354-98 Moved by Councillor Mutton,seconded by Councillor Schell THAT Council concur with decisions of the Committee of Adjustment made on May 28, 1998 for Application A98/024;and THAT staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Application A98/024,in the event of an appeal. "CARRIED" Councillor Trim chaired this portion of the meeting. CLERK'S DEPARTMENT Animal Control Resolution#GPA-355-98 Report April 1998 Moved by Councillor Novak,seconded by Councillor Mutton P.14.MO THAT Report CD-29-98 be received for information;and THAT a copy of Report CD-29-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" TREASURY DEPARTMENT Councillor Mutton chaired this portion of the meeting. AMO Waiver of Resolution#GPA-356-98 Notice F22.GE Moved by Councillor Novak,seconded by Councillor Schell THAT TR-36-98 be received; THAT Resolution#C-337-98 passed by Council on April 14, 1998 be rescinded; and THAT the Regional Assessment Commissioner,Mr.Mery Bowen be notified that the Municipality of Clarington does not elect to waive rights under Section 39.1,33, 34,40,40.1 under the Assessment Act. "CARRIED" 7 n f G.P. &A. Minutes -6- June 8, 1998 TREASURY DEPARTMENT CONT'D Transfers to Resolution#GPA-357-98 Reserve and Reserve Funds Moved by Councillor Schell,seconded by Councillor Trim Year End 1997 F20.RE THAT Report TR-37-98 be received; THAT the transfers to the Reserve/Reserve Funds identified in TR-37-98 be endorsed;and THAT the above recommendations be approved. "CARRIED" I Annual Statement Resolution#GPA-358-98 for the Development Charges Reserve Moved by Councillor Novak,seconded by Councillor Schell F21.DE THAT Report TR-41-98 be received for information. "CARRIED" 1998/1999 Resolution#GPA-359-98 Insurance Program H02.GE Moved by Councillor Schell,seconded by Councillor Young THAT Report TR-46-98 be received; ' THAT the presentation of Mr.David Reed from Frank Cowan Company Limited be acknowledged and received with thanks; THAT Frank Cowan Company Limited continue to be retained as the Municipality of Clarington's insurance carriers for the period from July 1, 1998 to June 30, 1999, under the Durham Municipal Group Insurance Program at an approximate cost of $260,749 plus applicable taxes;and THAT the Durham Municipal Group,in preparation of the 1999/2000 premium year,commence a detailed investigation of an insurance pooling arrangement with the area municipalities and the Region of Durham for implementation July 1,.1,999. "CARRIED" Acting Mayor Schell chaired this portion of the meeting. FIRE DEPARTMENT Rural House/ Resolution#GPA-360-98 Propem.Address ID Program Moved by Councillor Mutton,seconded by Councillor Trim T07.RO THAT Report FD-8-98 be received; i THAT number signs be installed in front of all rural residences; I 3-06 i G.P.&A.Minutes -7- June 8, 1998 FIRE DEPARTMENT CONT'D THAT the Public Works Department be directed to arrange for the purchase and installation of the signs beginning in the summer of this year; THAT the established cost of$25.00 per household or approximately$130,000 in total for the signs and installation be funded by the Working Funds Reserve;and THAT should any invoices not be paid in full,those funds be recovered through the appropriate tax bills to insure cost recovery. "SEE FOLLOWING MOTIONS" Resolution#GPA-361-98 i Moved by Councillor Novak,seconded by Councillor Rowe THAT the foregoing Resolution#GPA-360-98 be amended by referring the fourth paragraph to the 1998 Budget discussions. "MOTION LOST" i Resolution#GPA-362-98 Moved by Councillor Novak,seconded by Councillor Rowe THAT Report FD-8-98 be tabled to the Council meeting scheduled for June 15, 1998. "MOTION LOST" The foregoing Resolution#GPA-360-98 was then put to a vote and"MOTION LOST." Resolution#GPA-363-98 Moved by Councillor Young,seconded by Councillor Rowe THAT Report FD-8-98 be received; THAT number signs be installed in front of all rural residences; jTHAT the Public Works Department be directed to arrange for the purchase and installation of the signs beginning in the summer of this year; THAT the established cost of$25.00 per household or approximately$130,000 in total for the signs and installation.be funded by invoicing each affected resident for the amount;and THAT should any invoices not be paid in full,those funds be recovered through the appropriate tax bills to insure cost recovery. "CARRIED" i � n7 G.P.&A. Minutes -8- June 8, 1998 FIRE DEPARTMENT CONT'D Public Alerting Resolution#GPA-364-98 Systems Moved by Councillor Rowe,seconded by Councillor Novak THAT Fire Department Report FD-9-98 be received for information; I THAT Dr.Young be thanked for convening the meeting to address the concerns of the Region and it's Municipalities; THAT Dr.Young be advised of the Municipality of Clarington's position that an alerting system be established immediately for the 3km contiguous zones with further action to address the need for alerting the entire primary zones with no financial impact to the Municipalities;and THAT the Municipality of Clarington will continue to be an active participant in future meetings to insure the concerns of Council and residents are addressed for an adequate public alerting system. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution#GPA-365-98 Moved by Councillor Mutton,seconded by Councillor Trim THAT the third paragraph be amended by replacing the words"address the need for alerting the entire primary zones"with the following wording: "provide for alerting the entire 10 km primary zone". I "CARRIED" The foregoing Resolution#GPA-364-98 was then put to a vote and"CARRIED AS AMENDED". COMMLMTY SERVICES DEPARTMENT There were no reports scheduled for this portion of the meeting. Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT I Pedestrian Concerns Resolution#GPA-356-98 Trulls Road Courtice Moved by Councillor Novak,seconded by Councillor Rowe T08. THAT Report WD-30-98 be received; THAT the speed limit on Trulls Road from Regional Road 22(Bloor Street)to 1 km north of Nash Road be reduced from 60 km/hr to 50 km/hr; i 308 G.P.&A.Minutes -9- June 8, 1998 PUBLIC WORKS DEPARTMENT CONT'D THAT as a result of low study results the request for r an Adult Crossing Guard on Trulls Road south of Sandringham Drive be denied,but that additional studies be conducted in September after the school opens; THAT the request for a Pedestrian Crossover with overhead lights and signs be denied as it does not meet provincial warrants; THAT Susan Jenkins of the Crosswalk Committee be requested to continue working with Public Works to monitor the effectiveness of the Radar Message Board and other methods to improve safety; I THAT the by-law attached to Report WD-30-98 be passed by Council;and I THAT a copy of Report WD-30-98 be forwarded to Pat Adams,Principal of Lydia Trull Public School,and Susan Jenkins,Lydia Trull Crosswalk Committee. "CARRIED" Speed Zones Resolution#GPA-357-98 Hancock Road and Other Locations Moved by Councillor Schell,seconded by Councillor Novak T08. THAT Report WD-33-98 be received; THAT the speed limit on the residential section of Hancock Road between Bloor i street and Highway No.2 be posted as 60 km/hr as requested by Steven M.Booth; L THAT Traffic By-law 91-58 be amended to reflect a speed of 50 km/hr to designate the residential limits of the Village of Enniskillen as requested by Mike Bilsky; THAT the speed limit on Nash Road between Green Road and Regional Road 57 be posted at 50 km/hr to reflect a safer driving speed entering through the series of curves; THAT the speed limit on Nash Road between Green Road and Holt Road be posted at 60 km/hr to provide a more consistent speed along the entire length of Nash Road; THAT.the speed limit on Concession Road 5 in the area between Jewel Road-and Walsh Road be posted at 60 km/hr to reflect a safer driving speed entering through the series of curves; THAT Schedule XXIII"Maximum Rate of Speed Passing Over A Bridge"of By-law 91-58 be amended by deleting the reference to the bridge on Lambs Road which was reconstructed in 1996;and THAT the by-law attached to Report WD-33-98 be passed by Council. "CARRIED" Acting Mayor Schell chaired this portion of the meeting. I i 3n9 G.P.&A.Minutes _ 10- June 8, 1998 ADMINISTRATION Confidential Resolution#GPA-358-98 Report ADMIN-10-98 Moved by Councillor Novak,seconded by Councillor Rowe THAT Confidential Report ADMIN-10-98 be referred at the end of the agenda to be considered at a"closed"meeting. "CARRIED" UNFINISHED BUSINESS Presentation- Resolution#GPA-359-98 David Reed Moved by Councillor Novak,seconded by Councillor Rowe THAT David Reed,Vice-President,Frank Cowan Company Ltd.,be thanked for his presentation;and THAT he be advised that Council may request a small presentation in the Fall. "CARRIED" Delegation- Resolution#GPA-360-98 Ben Chartier Moved by Councillor Novak,seconded by Councillor Young THAT Ben Chartier be forwarded thanks and appreciation for his presentation on the Handi Transit as Council appreciates being updated. "CARRIED" i OTHER BUSINESS There were no items considered under this section of the Agenda. Resolution#GPA-361-98 ,I Moved by Councillor Rowe,seconded by Councillor Young THAT the meeting be"closed." "CARRIED" Acting Mayor Trim chaired this portion of the meeting. I Resolution#GPA-362-98 Moved by Councillor Young,seconded by Councillor Novak THAT the actions taken at the"closed''meeting be ratified. "CARRIED" 310 G.P.&A. Minutes June 8, 1998 ADJOURNMENT Resolution#GPA-363-98 Moved by Councillor Young,seconded by Councillor Rowe THAT the meeting adjourn at 11:20 a.m. "CARRIED" MAYOR i DEPUTY CLERK �i i i it I 311 REPUR r: PD-71-98 Clarington Place Ltd. DN,PN418 & 800769 Ontario Ltd. CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider a proposed Official Plan Amendment under Section 22 of the Planning Act and a proposed Zoning By-law Amendment under Section 34 of the Planning Act as shown on the reverse side. The proposed Official Plan Amendment would amend the Clarington Official Plan as follows: 0 A new policy section would be introduced into the Bowmanville West Main Central Area Secondary Plan to permit entertainment commercial uses; • A 4.8 hectare area of land located in Part Lot 16,Concession 1,former Township of Darlington at the northeast comer of Highway 2 and Green Road would be redesignated from "High Density Residential" and "Medium Density Residential" to permit entertainment commercial uses; and, • A 0.5 hectare parcel of land located in Part Lot 16,Concession 1,former Township of Darlington at the northeast comer of Clarington Boulevard and Uptown Avenue would be redesignated from"Community Facility" to permit a commercial parking lot. The proposed Zoning By-law Amendment would amend Zoning By-law 84-63 of the former Town of Newcastle as follows: • A 4.8 hectare area of land located in Part Lot 16,Concession 1,former Township of Darlington at the northeast comer of Highway 2 and Green Road would be rezoned from"Agricultural(A)" to an appropriate zone permitting entertainment r' commercial uses;and, • A temporary use by-law would be repealed on a 0.5 hectare parcel of land located In Part Lot 16, Concession 1,former Township of Darlington at the nrotheast comer of Clarington Boulevard and Uptown Avenue and the property would be zoned"General Commercial Exception(C1-22)Zone" to permit a commercial parking lot. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. Please note that the time listed below reflects the time at which the General Purpose and Administration Committee Meeting commences,not necessarily when this item will be considered. DATE: June 22, 1998 TIME: 9:30 A.M. PLACE: Council Chambers,Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed zoning by- law does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Zoning By-law is adopted,the Ontario Municipal Board may dismiss all or part of-the-appeal, ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, Bowmanville, Ontario or by callin g Richard Holy at(905)623-3379. DATED AT THE MUNICIPALITY OF CLARIN THIS / May 1998 i' Patti Ba ' , le ipality of darington 40 Temperance Street BOWMANVILLE,Ontario L1C 3A6 PLANNING FILE: COPA 97-003 and DEV 97-018 CLERK'S FILE: D14.DEV.97-018 D09COPA 97-003 5ni i SUBJECT SITE I � ADDITIONAL LANDS SUBJECT TO REDESIGNATION I LOT 16 LOT 15 � I o UPTOWN AVE II Y ,2 z 0 z 0 U W W I !, �Py U-) z �P I G5 � SpR�N _ I �Q I P I BOWMANVILLE CO PA. 97-003 I KEY MAP D EV. 97-018 502 i i DN: PD-71-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # I i Date: Monday, June 22, 1998 Res. # Report #: PD-71-98 FILE #: COPA 97-003 & DEV 97-018 By-law # Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: CLARINGTON PLACE LIMITED & 800769 ONTARIO LIMITED PART LOT 16, CONC. 1, FORMER TOWNSHIP OF DARLINGTON FILE NO.: COPA 97-003 & DEV 97-018 I Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-71-98 be received ; i 2. THAT the portion of the application to amend the Clarington Official Plan as submitted by Clarington Place Limited (Application COPA 97-003) to permit a parking lot on the northeast corner of Clarington Boulevard and Uptown Avenue be adopted as Amendment No. 8, as shown in Attachment No. 3, that the appropriate by-law be passed, and further that the amendment be forwarded to the Region of Durham for approval; 3. THAT the portion of the application to amend the Clarington Official Plan as submitted by 800769 Ontario Limited to permit the entertainment commercial uses (Application COPA 97-003) be deferred pending submission of,a revised application by the applicant; 4. THAT the portion of the application to amend Zoning By-law 84-63 (Application DEV 97-018) to permit a parking lot on the northeast corner of Clarington Boulevard and Uptown Avenue be APPROVED as shown in Attachment No. 4 and that the appropriate By-law be passed; and 5. THAT the Region of Durham Planning Department, all interested parties listed in this report, and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Clarington Place Limited and 800769 Ontario Limited REPORT NO.: PD-71-98 PAGE 2 i 1.2 Agent: Martindale Planning Services 1.3 Official Plan Amendment Application: j Part 1 - From "Main Central Area — High Density Residential and Medium Density Residential" to an appropriate land use designation permitting the development of recreation and entertainment commercial uses. Part 2 - To amend the policies for lands designated "Main Central Area — Community Facility" to permit parking for commercial uses. 1.4 Rezoning Application: i Part 1 - From "Agricultural (A) Zone" to an appropriate zone to permit the development of recreation and entertainment commercial uses. I Part 2 - To replace an existing temporary use by-law with an appropriate zone to permit the development of a commercial parking lot. 1.5 Site Area: Part 1 - 4.2 hectares (10.26 acres) Part 2 - 0.5 hectares (1.24 acres) 2. LOCATION 2.1 The subject lands described as Part 1 of the application (See Attachment No. 1) are located on the northeast corner of Highway 2 and Green Road. The applicant's land holdings total 4.2 hectares (10.26 ac). The property in- legal terms is described as Part Lot 16, Concession 1, in the former Township of Darlington. The subject lands described as Part 2 of the application (See Attachment No. 1) are located on the north side of Uptown Avenue and east of the future Clarington Boulevard extension. The applicant's land holdings total 0.5 hectares (1.24 ac). The property is also located within Part Lot 16, Concession 1, in the former Township of Darlington. 3. BACKGROUND 3.1 On March 13, 1997, Martindale Planning Services filed an application on behalf of Clarington Place Limited and 800769 Ontario Limited with the Municipality of 6q2 REPORT NO.: PD-71-98 PAGE 3 i Clarington to amend the Clarington Official Plan and the former Town of Newcastle Comprehensive Zoning By-law 84-63. Part 1 of the application proposes to change the land use designation in the Bowmanville West Main Central Area Secondary Plan from "High Density Residential" and "Medium Density Residential" to an appropriate land use designation permitting the development of recreation and entertainment commercial uses. I Part 2 of the official plan amendment application proposes to amend the policies for lands designated "Community Facility" to permit a parking lot. The purpose of this application is to provide additional parking for the Cineplex Odeon theatres. A rezoning application to implement the proposed uses is also being considered concurrently with the application for official plan amendment. 3.2 Subsequent to the Public Notice for this meeting, the applicant indicated that he did not I want to proceed with Part 1 of this application at the present time. He indicated that a revised application would be submitted requesting retail commercial uses rather than recreation and entertainment commercial uses. Furthermore, the applicant has withdrawn Part 1 of the rezoning application DEV 97-018. The balance of this report will deal primarily with Part 2 of the application. However, this report outlines the process which will be undertaken for Part 1 of the official plan amendment application. A further public meeting will be required for the revised application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant Land 4.2 Surrounding Uses: East- Cineplex Odeon theatre complex, fire station and Garnet B. Rickard Recreation Complex. North - Rural residential and vacant lands West- Agricultural lands South - Retail commercial area and residential i n 7 i i i i REPORT NO.: PD-71-98 PAGE 4 i i j 5. OFFICIAL PLAN POLICIES j 5.1 The subject lands described as Part 2 of the application are designated "Main Central Area" in the Clarington Official Plan and "Community Facility" in the West Bowmanville Main Central Area Secondary Plan. Permitted uses include recreation facilities, schools, institutional facilities, and special needs housing. As commercial parking .lots are not permitted within this land use designation, the applicant has submitted this application for consideration. i 6. ZONING BY-LAW CONFORMITY I 6.1 A temporary use by-law was approved on July 7, 1997 for the lands described as Part 2 to permit construction of the parking lot prior to approval of the official plan amendment application. As temporary use by-laws are only in effect for a maximum period of three years, the applicant proposes to replace the temporary use by-law with a permanent rezoning for these lands. 7. PUBLIC NOTICE AND SUBMISSION 7.1 A Public Meeting was held on May 5, 1997 for these applications. Area landowners voiced the following concerns. • Property values maybe affected from adjacent commercial development. • Noise and dust from adjacent construction causes-,problems. Well contamination should be dealt with by the developer. • As the lands are unsuitable for residential uses, the landowner requested that their property be considered as part of this application. • The proposed Street "D" passes through the house located on the property. The residents wanted to know whether this application would delete the proposed Street "D" or whether the developer would be required to construct this road. • The residents wanted to confirm whether retail commercial uses would be permitted on the subject lands in the future. • The designation of a parkette along the southern edge of Street "E" is not appropriate. (, nA I REPORT NO.: PD-71-98 PAGE 5 These issues are discussed in the Section 9 of this report. i 7.2 The required notice, with respect to this Public Meeting, was mailed to each landowner within the prescribed distance and signage was erected on the subject lands in accordance with the Planning Act. 8 AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. Comments referenced in this section deal specifically with the parking lot. The Clarington Fire Department has no objections to the application. 8.2 The Clarington Public Works Department has no objections provided that the following conditions are fulfilled: • The applicant must prepare a lot grading and drainage plan for approval. • The parking lot may be constructed prior to the construction of the future Clarington Boulevard extension. The applicant's engineer must prepare a design for a temporary access into the parking lot from Clarington Boulevard. • The applicant must provide all necessary financial securities for external works such access construction, illumination, sewer connections, and removal of the temporary access. • A 2% cash-in-lieu of parkland dedication is required. • The applicant must enter into a site plan agreement with the Municipality. 8.3 The Durham Region Planning Department has indicated no objections to the designation of lands for use as a parking lot. 8.4 The Durham Region Public Works Department had no objections to the application. Full municipal services are available to the site from Clarington Boulevard and Uptown Avenue. 605 i i REPORT NO.: PD-71-98 PAGE 6 8.5 Central Lake Ontario Conservation approved an addendum report to the West Side Creek Master Drainage Plan for the construction of the theatre and the two restaurants, which also includes the parking lot area. As the addendum did not consider a parking lot in this location, a revised design scheme must be submitted for approval. Development on the subject lands must fulfil the stormwater management requirements of the addendum report. Sedimentation controls must be approved prior to site plan approval. i 9. STAFF COMMENTS 9.1 Main Central Area Development Concept 9.1.1 The Bowmanville West Main Central Area (Uptown Bowmanville) was approved as a focal point in Clarington to provide a full range of higher intensity uses integrating commercial, residential, cultural, community uses. Some of the key concepts of the Plan are: • The physical framework for development of the area will be based on a grid system i of streets and a variety of public places. • Development will be oriented to pedestrians, not automobiles. As a result, the i placement of buildings and construction of infrastructure like sidewalks are important considerations in the approvals process. • Retailing facilities will complement the existing Downtown and other parts of the East Main Central Area. • Retail growth in the West Main Central Area will be controlled through a series of retail threshold requirements to safeguard the continued viability of existing businesses and provide opportunities for on-going redevelopment in the East Main Central Area. • There will a be range of land uses including medium and high density residential areas. 9.1.2 The development concept for Uptown Bowmanville uses Clarington Boulevard as the primary commercial street which to date it provides access to the key anchors. Some of z n 4 i i REPORT NO.: PD-71-98 PAGE 7 the street-oriented buildings have been constructed on the Clarington Place Ltd. lands (Cineplex and East Side Marios). Additional buildings are approved to be built on the west side of Clarington Boulevard by both Clarington Place Ltd. and Cambridge Shopping Centres. 9.1.3 During the consideration of the new Clarington Official Plan, Green Martin Properties Ltd. (Kaitlin Group) requested that their lands on the west side of Green Road be designated for Highway Commercial uses. Council amended the Official Plan to incorporate Special Policy Area H — The West Bowmanville Gateway. The special policies for this area are as follows: • No service station or motor vehicle service establishments are permitted; • Prior to development, the proponent shall enter into an agreement to construct a tourist information centre and convey a site of no less than 0.5 ha to the Municipality; and, • Urban design guidelines shall be prepared and approved by Council. The addition of this 7.68 ha (19 ac) Highway Commercial Area impacts the lands subject to Part 1 of this application. Where the medium and high density residential uses at one time represented the periphery of the West Main Central Area, providing a transition to neighbourhood residential areas, this , area is now surrounded by commercial lands on three sides. Furthermore, whereas the Plan sought to concentrate commercial uses on Clarington Boulevard, the designation of Highway Commercial Area on the Kaitlin Group's land tends to disperse commercial uses along Highway 2. In the context of these changes, there is a need to review the land use planning concept for the West Main Central Area. 9.1.4 Given the requirements to update the Urban Design Guidelines for the Uptown Area and to prepare Urban Design Guidelines for the West Bowmanville Gateway Area, and the inter-relationships between the two areas, staff have made arrangements for Urban Strategies Inc. (formerly Berridge Lewinberg Greenberg) to undertake both assignments i REPORT NO.: PD-71-98 PAGE 8 i as one study. The Kaitlin Group and 800769 Ontario Ltd. will be requested to make a sufficient financial contribution to cover the costs of the consulting work. 9.2 Retail Threshold 9.2.1 During the Ontario Municipal Board Hearing on the Uptown Bowmanville area, there was considerable market evidence given on the concept of retail thresholds as a means of protecting the viability of the existing commercial area, particularly the downtown. The initial allocation to Clarington Place Ltd. was 40,000 sq. ft. exclusive of entertainment type of uses such as the Cineplex Odeon theatre. The Board was further concerned about the types of uses and their potential impact and therefore prohibited both the Cambridge Shopping Centre and Clarington Place Ltd. sites from having general merchandise stores or retail warehouse stores for food, drugs or clothing. Furthermore, Clarington Place Ltd. is prohibited from other uses such as clothing stores, shoe stores, and furniture stores based on the market evidence they provided the Board. 9.2.2 Council did not impose the same regime of retail thresholds on the Highway Commercial Area owned by Kaitlin Group on the west side of Green Road. It is noted, however, that while there is an overlap in the type of commercial uses permitted in both areas, the Highway Commercial Area is limited to those types of commercial uses which require large parcels of lands and exposure to highway traffic. 9.2.3 Staff do not propose to re-examine the retail thresholds for the Uptown Area or require the application of retail thresholds to the Highway Commercial Area. While the land use designations within the Uptown Area may be worthy of reconsideration, the actual release of floorspace through the threshold mechanism remains a valid means of ensuring there is not an undue impact on the Bowmanville downtown or East Main Central Area. 9.3 Traffic Analysis 9.3.1 A traffic study was submitted by the applicant to examine the impact that a change of - 688 REPORT NO.: PD-71-98 PAGE 9 land use would have on traffic levels for the area. A revised traffic Study would be required to consider the applicant's proposed revision to the application. Staff believe, however, that it is important to consider both this application and the Kaitlin application through one study which would address the cumulative traffic impact of both developments. 9.3.2 In consultation with Public Works Staff, it has been determined that the traffic study would be best done by the Municipality's traffic consultant Totten Sims Hubicki, as they are currently working on the Bowmanville Transportation Plan. This would result in an additional cost, which would be borne by the two applicants. However, the end result would be a comprehensive study which addresses the long term traffic implications of both proposals. 9.4 Proposed Parkette 9.4.1 The proposal submitted by 800769 Ontario Ltd. indicates a parkette along the south side of Uptown Avenue. It would not be Staffs recommendation to plan for a parkette in this location, particularly if the residential area was to be eliminated. 9.5 Existing Residential Lots 9.5.1 There are two properties, totalling approximately 0.6 h&(1.5 ac), fronting onto Highway 2 and surrounded on three sides by land owned by Clarington Place Ltd. and 800769 Ontario Ltd. It would be Staff's intention that any land use change would have to consider these two parcels concurrently. This will be addressed through the urban design study process. 9.6 Commercial Parking Facility 9.6.1 At the time of the preparation of the Secondary Plan for the Uptown Area, it was anticipated that the Municipality would exchange the lands west of the Fire Station (now the site of the Burger King) for the lands owned by Clarington Place Ltd. on the east side of Clarington Boulevard and Uptown Avenue. Consequently, the lands at the north east 609 I i REPORT NO.: PD-71-98 PAGE 10 corner of Clarington Boulevard and Uptown Avenue were designated "Community Facility". Subsequently, it was determined that these lands did not suit the Municipality's requirements for community level parkland. As a result, these lands were retained by Clarington Place Ltd. for future use as a parking facility. III 9.6.2 To date,. Clarington Place Ltd. has constructed two restaurants totalling 8,860 sq. ft. A further 31,140 sq. ft. remains to be built on the Clarington Place Ltd. lands. The zoning is in place for this additional floorspace on the west side of Clarington Boulevard. Accordingly, the approval of the parking lot at the northeast corner of Clarington Boulevard and Uptown Avenue is important to allow the temporary parking area for the Cineplex to be relocated to the permanent area, freeing up these lands for development. II This is important to continuing the development of Clarington Boulevard as the primary commercial street in the area. 9.6.3 The Part 2 subject lands would not be impacted by any revision to Part 1 of this i application or by the Urban Design Study. Accordingly, it is recommended that Amendment No. 7 to the Clarington Official Plan be approved to redesignate these lands from Community Facility to Retail Commercial. The Secondary Plan policies would limit the use on these lands to a parking lot serving the adjacent commercial area. 9.6.4 A zoning by-law amendment has also been attached for consideration. It would replace the existing temporary use by-law with a permanent zoning. The zone also proposes to reduce the parking space length requirement from 5.7 metres to 5.2 metres if the parking space is adjacent to a landscaping strip. This would provide the Municipality with wider landscaping strips in this parking lot. 10. STAFF RECOMMENDATIONS 10.1 Although the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, it is respectfully recommended that the portions of the official 610 REPORT NO.: PD-71-98 PAGE 11 plan amendment and rezoning applications to permit the development of a parking lot as contained in Attachment No. 3 and Attachment No. 4 be APPROVED. The applicant will be required to enter into a site plan agreement with the Municipality for the construction of the parking lot. 10.2 A further public meeting must be scheduled to deal with the revised application for retail commercial uses. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning & Development Chief Administrative Officer. RH*FW*cc 16 June 1998 Attachment No. 1 - Key Map Attachment No. 2 - Concept Plan Attachment No. 3 - Amendment No. 8 to the Clarington Official Plan Exhibit "A" — Amendment to Map A — Land Use: Bowmanville West Main Central Area Secondary Plan Attachment No. 4 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Mr. Glenn Willson Helen & Colin Soutter Clarington Place Limited 2374 Highway 2 140 Bond Street R. R. #6 P.O. Box 488 Bowmanville, Ontario L1C 3K7 Oshawa, Ontario L1 H 71-8 Mr. Scott MacDonald Mr. Robert Martindale Morguard Investments Limited Martindale Planning Services 1 University Avenue 23 Elizabeth Street Suite 1500 Ajax, Ontario 1-1T 2X1 Toronto, Ontario M5J 2V5 611 I I REPORT NO.: PD-71-98 PAGE 12 I I Ted Watson R. R. #2 Bowmanville, Ontario L1C 3K3 I Mr. David Baffa Cambridge Shopping Centres Ltd. 1 Dundas Street West Suite 2800 Toronto, Ontario M5G 2J2 Dr. Sebastien Corbo ACT Health Group Corporation 1280 Finch Avenue West Suite 710 Downsview, Ontario M3J 3K6 Lynn Townsend Attention: Maria Jones 5710-Timberlea Boulevard Suite 207 Mississauga, Ontario L4W 4W1 Brian Bridgeman Walker Nott Dragicevic 172 St. George Street Toronto, Ontario M5R 2M7 Kelvin Whalen The Kaitlin Group 1029 McNicoll Avenue Scarborough, Ontario M1 W 3W6 6- 12 ADDITIONAL 10 ACRES ORIGINAL 10 ACRES STREET H o + + a + o + + Z W W + _ + + - + LEGEND EXISTING RETAIL COMMERCIAL DESIGNATION (TO REMAIN) PROPOSED RE—DESIGNATION FROM RESIDENTIAL + + + TO COMMERCIAL PROPOSED POLICY CHANCE PERMIT ERMIT COMMERCIAL PARKING FACILITIES N REATION COMPLEX ► J` F A 1,2 D FIRE HALL D n m z SIRMAN ASSOCIATES MARTINGALE UMREG KMRINO SERVICES CLARINGTON PLACE DEVELOPMENT BOWMAN'ALLE WEST MAIN CENTRAL AREA CtAt21NGTON PLACE LIMITED OVERALL CONCEPT PLAN .n is hoar.s. om bpG Q p LAO MIRY ATTACHMENT #2 SUBJECT SITE ADDITIONAL LANDS SUBJECT TO REDESIGNATION LOT 16 LOT 15 I_ o UPTOWN m AVE Nl�y Y 2 z o Q z i i - - - - 0 V / W U V) W �c z O G � U QP SpR1NGS �Q 0 BOWMANVILLE CO PA. 97-003 KEY MAP D EV. 97-01 $ ill I Attachment No. 3 AMENDMENT NO. 8 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amendment redesignates a 0.5 hectare parcel of land located within the Bowmanville West Main Central Area at the northeast corner of the future extension of Clarington Boulevard and Uptown Avenue from "Community Facility" to "Retail Commercial". These lands shall only be used for a parking lot to serve adjacent commercial uses. BASIS: The amendment is based upon an application submitted by Clarington Place Limited (COPA 97-003). ACTUAL AMENDMENT: The Bowmanville West Main Central Area Secondary Plan, being a portion of the Clarington Official Plan, is hereby amended as follows: i) by adding a new policy 5.2.6 to the Bowmanville West Main Central Area Secondary Plan as follows: "5.2.6 Notwithstanding any other provision in this Plan, lands located at the northeast corner of Clarington Boulevard and Uptown Avenue and described as Part 4 on Plan 40R-16730 shall only be used for the purposes of a parking lot associated with adjacent commercial uses" IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. BY-LAW NUMBER 98- - being a By-law to amend By-law 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 former Town of Newcastle in accordance with application DEV 97-018 to permit the development of a parking lot for retail commercial uses. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.22 "General Commercial Exception (C1-22) Zone" is hereby deleted and replaced with the following zone regulations: "16.5.22 GENERAL COMMERCIAL EXCEPTION (C1-22)ZONE Notwithstanding Sections 3.15 (a)and 16.1,those lands zoned C1-22 on the Schedules to this By-law shall only be used for a parking lot subject to the following zone regulations: (a) Definitions i) Landscaping Strip Shall mean an area of land used for any one or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, such as decorative stonework,fencing or screening. (b) Regulations i) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip." 2. Schedule"A" attached hereto shall form part of this By-law. 3. By-law 97-160 is hereby repealed. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYO R CLERK 4" 1 7 DN: PD-72-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT i Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report #: PD-72-98 FILE #: DEV 98-024 By-law # Subject: REMOVAL OF HOLDING "H" SYMBOL CLINIC BUILDINGS (1979) LIMITED PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON I i Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-72-98 be received ; 2. THAT the rezoning application submitted by Barry-Bryan Associates Limited on behalf of Clinic Buildings (1979) Limited requesting the removal of the Holding H" symbol from the subject lands be APPROVED; g 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Clinic Buildings (1979) Limited 1.2 Agent: Barry-Bryan Associates Limited 1.3 Rezoning : Removal of Holding "H" symbol I 1.4 Site Plan Application: To construct a medical and dental clinic containing 21787 m2 of office space and 929 m2 of retail commercial floorspace and a senior citizen's apartment building with a maximum of 126 dwelling units. 1.5 Site Area: 1.59 hectares (3.92 acres) - � 1Q REPORT NO.: PD-72-98 PAGE 2 2. BACKGROUND 2.1 On April 3, 1998, Barry-Bryan Associates Limited submitted applications on behalf of Clinic Buildings (1979) Limited for site plan approval and removal of the Holding "H" symbol. The subject lands are located at the northeast corner of Varcoe Road and Highway 2 in Courtice. They are legally described as Part Lot 34, Concession 2, in the former Township of Darlington. 2.2 The removal of the "Holding (H)" symbol would permit development of a medical and dental clinic containing 2,787 m2 of office space and 929 m2 of retail I commercial floorspace and a senior citizen's apartment building with a maximum of 126 dwelling units. i 3. STAFF COMMENTS i 3.1 The lands are currently zoned "Holding — General Commercial Exception ((H)C1- 11)". The Holding "H" symbol can be removed upon Council being satisfied that i the development will be adequately serviced, have proper access, will be used for the purposes intended under the Zoning By-law, and that issues with adjacent landowners have been addressed. i 3.2 The site plan application has been circulated to the appropriate agencies and remains subject to various conditions of approval. Development issues will be addressed through the site plan agreement. The agreements with the Municipality must be executed to the satisfaction of the Director of Planning and Development and the Director of Public Works prior to the issuance of a building permit. 3.3 Council received two letters from adjacent property owners outlining privacy concerns. Staff have addressed these concerns by requesting a fence along the eastern property line which matches the existing fence height and style. The applicant has also agreed to plant additional trees along this area to ensure privacy. 619 I) I REPORT NO.: PD-72-98 PAGE 3 3.4 Pursuant to Sections 34 and 36 of the Planning Act, a Zoning By-law Amendment to remove the Holding "H" symbol is not subject to the normal appeal period applicable to standard rezoning applications, and therefore shall be deemed final and binding should Council grant its approval. I 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objections to the removal of the Holding H symbol as shown on the attached By-law. I Respectfully submitted, Reviewed by, r0 A- � Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. RH *FW*df April 6, 1998 Attachment # 1 - Key Map Attachment #2 - Amending By-law Interested parties to be notified of Council and Committee's decision: Clinic Buildings (1979) Limited 117 King Street East OSHAWA, Ontario L1 H 1139 Att: Harry Horricks Barry-Bryan Associates Limited 11 Stanley Court, Unit 1 WHITBY, Ontario L1 N 8P9 Att: Brian Saul - hen i ATTACHMENT #1 SUBJECT SITE LOT 35 LOT 34 ROAD > w - z z I J 0 H/c/l > Y 2 cv Uj Z O o � O W U w I z z � � U z Z-- - 0 S 0 COURTICE KEY MAP p E V. 9$_024 i ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- i being a By-law to amend the Comprehensive Zoning By-law 84-63 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 former Town of Newcastle to implement application DEV 98-024 to permit the development of a medical and dental clinic containing 2,787 m2 of office space and 929 m2 of retail commercial floorspace and a senior citizen's apartment building with a maximum of 126 dwelling units. i NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4"to By-law 84-63,as amended, is hereby further amended by changing the zone designation from: "Holding—General Commercial Exception ((H)C1-11)Zone"to"General Commercial Exception (C1-11)Zone"as shown on the attached Schedule"A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. j 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK DN: PD-73-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report #: PD-73-98 FILE #: PLN 8.13 By-law # Subject: AMENDMENT TO SIGN BY-LAW OFF-SITE DIRECTIONAL TOURISM SIGNS FILE NO.: PLN 8.13 i Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-73-98 be received ; 2. THAT the accompanying policy and related fee structure contained in Attachment No. 2 to control and regulate the erection of off-site directional tourism signs be APPROVED; 3. THAT the amendment to Sign By-law No. 97-157 as contained in Attachment No. 4 to this report, be APPROVED; 4. THAT the amendment to the Planning Department Fee Schedule By-law No. 96- 032, as contained in Attachment No. 3 to this report, be APPROVED; 5. THAT the Municipality not accept the contract proposal presented by Canadian Tourism Oriented Directional Signing (TODS) Limited;. 6. THAT Tourism Operators be notified and sent a copy of this Report and Attachments; and 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. PURPOSE 1.1 The purpose of this report is three fold (i) address a request by Canadian Tourism Oriented Directional Signing Limited to erect off-site directional tourism signs within Municipal Road allowances; i -, -7 i REPORT NO.: PD-73-98 PAGE 2 'i (ii) provide municipal policy for the construction, installation and maintenance of off-site directional tourism signs within municipal road allowances; and (iii) provide some housekeeping amendments to the sign by-law and the fee structure by-law. 2. BACKGROUND 2.1 The Ontario Government determined that off-site directional tourism signage along the province's highways shall be consistent in their purpose, appearance and location. I 2.2 A contract was tendered out and Canadian TODS (Tourism Oriented Directional Signing) Limited is the private company which obtained the contract with the Province of Ontario to provide tourism oriented directional signing on non-toll provincial highways. The contract is for a ten year term in which Canadian TODS has the exclusive right to approve, manufacture, install and maintain all tourism signing on Ministry highways. The contract with the Ministry does not extend to providing signage along municipal and regional roads. In other words Canadian TODS, the Municipality or another private company may install and maintain signage on municipal and regional roads. Canadian Tourism Oriented Directional Signing Limited (TODS) requested to erect off-site directional signage in Clarington's road allowances for tourist destinations. This is discussed in detail in Section 3 of this Report. 2.3 An off-site directional tourism sign is one which informs the motorist of services, facilities or destinations which may be essential or of interest to the driving public. Common examples of tourism services, facilities or destinations are found in Attachment No. 1 of this report. 624 I� REPORT NO.: PD-73-98 PAGE 3 2.4 The Municipality does not have a policy for locating off-site directional tourism signs within our road allowances. Policy is needed to provide design and installation criteria for these signs. � 2.5 Staff are also proposing some housekeeping amendments. These amendments include redefining a wall sign, providing a fee for amending the sign by-law, and including a fee for temporary signs within the Planning Department's Fee Schedule By-law. These items are addressed in Section 7 of this report. 3. TODS PROPOSAL 3.1 On Thursday, December 4`h, 1997, Staff met with a representative of Canadian TODS to discuss for the first time, this new provincial initiative. TODS proposed to erect and maintain the required off-site directional signs for tourist destinations along municipal roads. TODS are representing a few tourist destinations within Clarington. These operators have also contacted the Municipality regarding establishing the required off-site directional signs. 3.2 Staff reviewed the proposal from Canadian TODS Limited to enter into a 10 year agreement where Canadian TODS would market, build, install and maintain tourism signs on roadways under the jurisdiction of the Municipality of Clarington. Staff have determined, based on the following reasons, that the Municipality will assume the responsibility of erecting and maintaining the off-site tourism directional signs. TODS will continue to provide signage along Highway 401 and Highway 35/115. i) The Municipality wishes to administer, control, install and maintain all signage within our road allowances. It is not in the best interest of the Municipality to have a contract with a private business to erect and maintain these signs. 629 i REPORT NO.: PD-73-98 PAGE 4 ii) The Region of Durham decided in March 1998 that they would install and maintain rather than TODS, the off-site directional tourism signs within regional road allowances. The Municipality's proposed signage policy (Attachment No. 2) is similar to that of the Regions, providing consistent signage on regional and local roads. iii) The proposed municipal policy will operate in a similar manner to that of the Region's, recovering installations and maintenance costs through the application fee and annual maintenance fee. Regional policy has been implemented and is reflected in signage installed on Baseline Road in i Bowmanville for the Darlington Marina. iv) TODS proposes to install different sized signage on rural and urban roads. Clarington have proposed one size of sign, regardless of whether the sign is to be located on an urban or rural road, which would provide greater consistency. This is similar to Regional policy. V) All aspects of the sign specification, installation and maintenance would be controlled by the Municipality under strict guidelines, eliminating the current variety of shape, size, colour and symbolism. vi) Signs would be grouped on sign post assemblies regardless of type of tourism operation, allowing the Municipality to better control the location and quantity of signing, while highlighting the tourism destination, as required. vii) The policy will limit the location of signage to the most direct routes) from major highways to the subject site. Signs will only be approved at intersections where changes in direction are required. No "reassurance" signage placed randomly along a route will be permitted. Signage will be for directional purposes only and not advertising. viii) Operators requesting signage must agree to remove any existing sub-standard signage before new signs are approved. Existing signage approved before this policy that requires maintenance in the future will not be replaced in kind. 626 i I REPORT NO.: PD-73-98 PAGE 5 ix) There is no financial burden to the taxpayers of the Municipality. All costs associated with the manufacture, installation and maintenance of the signs will be offset by the annual maintenance agreement between the Municipality and the tourist operator. X) The Municipality can retain the right to limit, relocate or remove any sign that becomes a potential safety hazard in the operation of the roadway. 3.7 Instead of the tourist operators contacting TODS to obtain the appropriate approvals for signage along Clarington's roads, they will contact the Municipality directly. Dealing directly with the Municipality should result in a faster turn around with respect to sign approval and installation. 4. MUNICIPAL POLICY FOR OFF-SITE DIRECTIONAL TOURISM SIGNAGE 4.1 The purpose of the policy is to provide for the orderly implementation of a signage system on municipal roads. These signs will support the local tourism industry by assisting the public through the erection of off-site directional tourism signs at strategic locations. The policy attempts to balance the concerns of the industry to provide modern, effective signing while maintaining the municipal responsibilities for traffic management, roadside safety, aesthetics and maintenance of public right- of-ways. 4.2 The policy contained in Attachment No. 2 was developed through consultation with the Region of Durham and is similar to the direction being adopted elsewhere. In an effort to control sign proliferation, the policy governs installation criteria, standardized sign colour and symbols, and regulates the location and quantity of signs. These requirements are essential to protect the effectiveness of regulatory and warning signs, sight lines and visibility of other traffic control devices required to safely operate the road system. 4.7 7 I REPORT NO.: PD-73-98 PAGE 6 4.3 It should be noted, recent court decisions in other jurisdictions have ruled that road authorities do not have the right to totally restrict this type of signage on public road allowances. The road authority does however have the right to control and limit the quantity of signage on its road allowances. Staff feel this policy falls within the courts impression of 'limits' and represents a fair compromise. 5. DETAILS OF SIGNAGE 5.1 Location of Signage a. Signage within a Road Allowance To ensure visibility to the motoring public, off-site directional tourism signs shall be located within the road allowance. Within the recently adopted Sign By-law 97-157, this type of signage is not permitted within the road allowance. An amendment is required to the Sign By-law to allow off-site directional tourism signage to be permitted within the road allowance. b. Signage at Intersections Off-site directional tourism signs shall be located only at those intersections whereby a change in direction is required to reach a tourist destination. If there are a number of attractions needing signage at one location, the signage will be "stacked" on a single assembly structure. 5.2 Appearance of Signage Municipal Staff propose that the maximum size of an off-site directional tourism sign shall be 0.3 m (1 ft) by 1.2 m (3.75 ft)(0.36 square metres/ 3.9 square feet). This size is large enough to ensure visibility to the motoring public. It is noted that the Region of Durham recently adopted this as their sign size. The signs will have white lettering or symbols on a blue background. 678 REPORT NO.: PD-73-98 PAGE 7 j i I 5.3 Number of Signs The number of signs for any tourist destination will be determined by the location of the establishment. Signage will only be permitted: • on the most direct route to the tourist attraction; and • where a change in direction is required. i As such, the number of signs permitted is a factor which cannot be predetermined. Staff recommend that there be no limit on the number of off-site directional tourism signs permitted. 6. FEE STRUCTURE FOR TOURISM SIGNS 6.1 There are 3 basic fees which have to be paid for each sign. They are: i) the Sign Permit Application Fee; ii) the Installation Fee; and iii) the Annual Maintenance Fee. r 6.2 Sign Permit Application Fee Sign By-law 97-157 requires a sign permit fee of $25.00 per permanent sign. A maximum fee of $100.00 is required for 4 or more signs. This fee is paid upon application for a sign permit. 6.3 Installation Fee The estimated cost for a typical sign installation is $330.00 based on sign manufacturing, installation and administration. This will cover the total installation cost, ensuring no financial burden to the taxpayer. This fee is required to be paid upon approval of the sign permit. inn i REPORT NO.: PD-73-98 PAGE 8 i 6.4 Annual Maintenance Fee i The proposed annual maintenance fee of $100.00 per sign is consistent with the annual maintenance fee charged by the Region of Durham. i I 7. HOUSEKEEPING — FEE SCHEDULE AMENDMENTS 7.1 Fee for Amending Sign By-law 7.1.1 Currently, there exists no provision for making application to amend the Sign By- law or to collect an application fee to amend the Sign By-law. A request to amend the Sign By-law will require Staff to complete an investigation and subsequently prepare a report to Committee and Council. 7.1.2 By-law 76-25, being the Municipality's previous Sign By-law, did not include an amending fee. Staff contacted a number of local municipalities in an effort to determine by an informal survey what other municipalities charge for amending their Sign By-laws. The results are listed below. MUNICIPALITY FEE City of Oshawa $50.00 Town of Whitby minor amendment- $150.00 major amendment- $900.00 Town of Ajax no fee Town of Port Hoe no fee Town of Pickering no fee The City of Oshawa just reduced the amendment fee from $150.00 to $50.00. The Town of Ajax recently adopted their new Sign By-law and did not incorporate an amending fee. 7.1.3 By-law 96-032 is the Fee Schedule By-law for the Municipality of Clarington Planning Department. The Sign By-law amendment application fee should be 630 REPORT NO.: PD-73-98 PAGE 9 included within the Fee Schedule By-law. Staff recommend that the fee to amend the Sign By-law be $50.00 based on the following: i • although the previous by-law did not require a fee for amending the by-law, a fee assists in offsetting the administrative process; • the permit fee for a permanent sign is $25.00, thus keeping the cost under $100.00 for a single sign if an amendment to the by-law is needed; and • this is comparable to those municipalities which charge a fee to amend the Sign By-law. j 7.2 Fee for Temporary Signage In addition, Staff recommend that By-law 96-032 with respect to fee structure be amended to include a sign permit fee for a temporary sign, The fee for a temporary sign is $10.00 which is detailed in the current Sign By-law 97-157 (Section 5.6 of the by-law). 7.3 Amend the Definition of Wall Sign There is a need to clarify the definition of a "wall sign" as contained in the current Sign By-law so that it accurately reflects that a wall sign does not go beyond the limits of the wall upon which it is displayed. 8. STAFF COMMENTS 8.1 Attachment No. 1 provides a list of tourism facilities/services eligible for signs under this policy. This list represents approximately 95% of the operations covered by the Manual of Uniform Traffic Control Devices (MUTCD). Specific details on each type of operation are covered in the MUTCD Tourism section. 8.2 Attachment No. 7 provides a draft of the agreement that would be entered into with the tourism operator ensuring that the business qualifies as a tourism destination. 631 REPORT NO.: PD-73-98 PAGE 10 8.3 It is important to note that the Municipality will not permit excessive signage which could be construed as advertising. 8.4 The Municipality will regulate and monitor the installation of off-site directional tourism signs with emphasis placed on safety as the first and foremost criteria. In no way will signage be permitted which may compromise the safe operation of a roadway. 8.5 The Municipality - - must amend the Sign By-law in order to permit the erection of off � site directional tourism signs within the municipal road allowance. The proposed amendment includes a definition and an addition to Section 3 — General Provisions to permit these signs to locate in the road allowance. 8.6 Applications for off-site directional tourism signs will be reviewed jointly by the Public Works Department and the Planning Department. 8.7 A number of housekeeping amendments were included within the recommendations of this report. These amendments provide application fees for sign by-law amendments and includes the prescribed application fee for temporary signs on the Planning Department Fee Schedule By-law. In addition the definition of "wall sign" was amended to clarify the locational criteria for installation. 9. CONCLUSION 9.1 It is important for motorists to get clear, concise messages that will not lead to any hesitation in the decision making process. The provincial tourism signing installation criteria has the advantage of providing seamless tourism signing across the Municipality that delivers consistent messages with operations in other areas throughout the province. 632 REPORT NO.: PD-73-98 PAGE 11 I 9.2 The policy intends to recover expenses and may generate minimal revenue in the i form of an annual user fee, while providing the Tourism Operator with an inexpensive form of highly visible off-site directional signing to their operations. It j also provides approved signage, uniformly across the Municipality and the Region I which complies with the recent changes to the Manual of Uniform Traffic Control Devices (MUTCD), ensuring a safe effective system is maintained. 9.3 It is Staff's recommendation that By-law No. 96-032 be amended as contained in Attachment No. 3 to include an application fee for amendment to the sign by-law and a fee for a temporary sign. 9.4 Staff recommend that By-law No. 97-157 be amended as contained in Attachment No. 4 to allow off-site directional tourism signs to locate in the road allowance. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. Stephen A. Vokes, P. Eng. Director of Public Works. HB*RDB*FW*SV*cc 16 June, 1998 Attachment No. 1 - Typical Tourism Services, Destinations and Facilities Attachment No. 2 - Off-Site Directional Tourism Signing Policy Attachment No. 3 - Amendment to By-law 96-032 Attachment No. 4 - Amendment To By-law 97-157 Attachment No. 5 - Application to Amend Sign By-law Attachment No. 6 - Correspondence from Canadian TODS Limited Attachment No. 7 - Draft Agreement for Tourism Operators 633 I I I REPORT NO.: PD-73-98 PAGE 12 Interested parties to be notified of Council and Committee's decision: Canadian TODS Limited 120 Whitmore Road Unit 8 Woodbridge, Ontario 1-41- 6A3 li i 634 i i ATTACHMENT NO. 1 TYPICAL TOURISM SERVICES/FACILITIES AND OPERATIONS — Major Tourist Attractions j — National Park — Campground — Hiking Trails — Cultural Centre — Heritage Sites/Districts — Tourist Information Centres — Golf Courses (Open to Public) — Horse Racetracks — Sports Parks Fairgrounds — Marina — Public Beach — Performance Theatres — Interpretation Centres — Farmers Market — Snowmobile Trait Access Points — Farm Based Tourist Attraction — Destination Accommodations — Provincial Park — Conservation Area — Scenic Lookout — Museums — Historic Sites — Convention Centres — Ski Operations — Motor Speedways — Swimming Pools (Municipally Operated) — Arena/Community Centres — Boat Launch (Municipally Operated) — Zoo — Casino — Themed Attraction — Go-Kart Tracks — Riding Operations Any other applicable information signs included in the MUTCD Tourism Signage Policy may be eligible. For specific details on any of the above, refer to the MTO Policy on Tourism signing. 635 Attachment No. 2 MUNICIPALITY OF CLARINGTON i OFF-SITE DIRECTIONAL TOURISM SIGNAGE POLICY i 1. PURPOSE 1.1 The purpose of this policy is to define the use, design and installation criteria for off- site directional tourism signs while preserving existing and future signage used for the safety, control and direction to the motorist. 2. DEFINITION 2.1 Off-Site Directional Tourism Signs are signs which inform the motorist of services, recreational facilities, tourist attractions, scenic points of interest and other such services/facilities as may be essential or of interest to the driving public. 3. ELIGIBILITY 3.1 To be eligible for tourism signing, a tourist activity must comply with all of the following General Criteria which is further detailed in the General and Specific Criteria established by the Province: • The operation must serve transient customers and be open to the general public. • The operation must comply with all applicable federal, provincial and municipal legislation • The operation must be accessible by a road open to public traffic. • The operation must be open to the public as specified in the Provincially adopted Specific Criteria for that type of operation. • The operation must have a reception structure — such as controlled gate, staffed reception and orientation point, or permanent interpretation panels or displays. • The operation must advertise its location, season and hours, contact information, and facilities either in tourism publications, or in publicity material regularly distributed through Ontario Regional Tourist Information Centres. 3.2 It is the responsibility of the Province and/or their agent to advise the Municipality in writing, if a tourist destination, facility or service meets the criteria established. 4. DESIGN AND INSTALLATION 4.1 Off-Site Directional Tourism signs shall convey their message by the appropriate legend or symbol, colour and shape. Wherever possible, the message shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) Tourism signing convention. All signs shall have a blue background with a white legend or symbol and border. All signs shall be made of retro-reflective sheeting materials to 636 i conform to ASTM D9456-90 or subsequent revisions as "Engineering Grade" to show the same colour and shape by night or day. 4.2 The name of the business, establishment or facility shall be supplied by the tourism operator. Names are to be displayed as fully as possible within the limitations -of' sign size and font requirements. Priority is to be given to venue name over its descriptive category (e.g. "Cedar Valley" is the most important element of "Cedar Valley Trailer Resort"). Where necessary, common abbreviations or short forms may be used. Installation of non-standard sign size or additional panels is not permitted. 4.3 All Off-Site Directional Tourism Signs shall be no larger than 30 cm by 120 cm (0.36 square metres). 4.4 The Municipality reserves the right to group signs on support assemblies at its sole discretion. Wherever possible, signs shall be erected in groups of four on a single support assembly. 4.5 Rural signs shall be spaced at approximately 100 m intervals in advance of intersections where spacing permits. They will be located on the right-hand side of the roadway and must not interfere with existing or future roadway operating signs. Similarly, urban signs shall be installed on the right-hand side where spacing permits. Distance between signs may be reduced due to lower operation speeds. At the discretion of the Director of Public Works, individual icons may be used in highly congested areas. 5. LOCATIONAL REQUIREMENTS 5.1 This policy only applies to signs installed within the Municipal right-of-way and includes all existing municipal roads and any future roads assumed or downloaded to the Municipality. In the case of roads being assumed by the Municipality, any existing agreement(s) between the previous road authority and an outside sign contractor shall be terminated at no cost to the Municipality. 5.2 Facilities will be signed only where there exists space for signs along a route that will lead motoring tourists to their destination in a reasonably direct manner.' 5.3 In general, signs will be permitted at the closest intersection where changes in direction are required. Reassurance route markers at non-intersection locations will not be permitted. 5.4 These signs must not interfere with or detract, from other traffic control devices or signing. Priority locations will always be entitled to regulatory, warning and operational control signs used by the road authority. 637 5.5 Any tourism operations fronting onto municipal roadways that are clearly visible to the approaching motorist, or where adequate on-site signage exists, or could be installed, will not be permitted signage in the right-of-way opposite their entrance. 6. ADMINISTRATION/GENERAL PROVISIONS 6.1 All signs on municipal roads shall be approved, installed and maintained by the Municipality. 6.2 All signage installed under this policy remains the property of the Municipality of j Clarington. The Municipality retains the right to remove, alter or replace any sign at its discretion. 6.3 Application for signage in accordance with this policy shall be submitted to the Public Works Department in writing for consideration/approval in consultation with the Planning Department. Details on the attraction, proposed locations and number of signs shall be included with the request. 6.4 If a tourism operation qualifies under this policy for the provision of signage, but it is determined by the Municipality that there are existing operational problems created by the tourism facility, the applicant will be responsible to correct, at their expense, such problems as a condition of the sign(s) installation. The operational problems shall be items such as, but not necessarily limited to, the following: -Access improvements — throat width, radius -Relocation of access -Reduction in number of access points -Parking prohibitions or improvements -Site plan conformity i 6.5 Existing signs that do not meet this policy will be removed as required. The owner of these signs will be contacted prior to their removal and informed they will not be replaced in kind. 6.6 Replacement or removal of existing signage outside this policy will be required as a condition of new approvals. 6.7 If the tourism operation is on another Area Municipality or Regional Road, that Authority's policy will apply to their roads and they must agree to allow signs on their roads to complete the sequence of signs all the way to the site. The applicant should generally initiate requests at the appropriate municipal level. 7. FEES 7.1 Tourism operations eligible for off-site directional tourism signs under this policy will agree to pay all fees prescribed in their approved agreement with the Municipality. The operator will pay the application, installation and first year 638 7.2 maintenance fee in full, in advance of the initial installation. The Municipality will then invoice the operator on the anniversary date of the signed agreement starting the beginning of the second year from the date of the agreement. Failure to pay the annual fee or comply with municipal requirements will result in the removal of the operator's sign. 7.3 The applicant will assume all costs associated with the removal of all signs which do not meet this policy 7.4 The Municipality is responsible for all ongoing maintenance costs. Ongoing maintenance will be at the discretion of the Municipality. 7.5 The following table provides information regarding the fees applicable for off-site directional tourism signs. ITEM FEE Sign Permit Application Fee $ 25.00 (max. fee $ 100.00) Installation Fee $ 330.00 I Annual Maintenance Fee $ 100.00 Note: The above fees include costs for generic icons but do not include costs related to speciality corporate LOGOS specific to a tourist business. These or any additional costs must be assumed by the applicant. i 639 ATTACHMENT#3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- i I being a By-law to amend By-law 96-032, the Fee Schedule By- law for the Municipality of Clarington Planning Department. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 96-032, as amended, 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. Item "N"—is hereby deleted and replaced by the following: "N. SIGN PERMIT APPLICATION a) Permanent Sign $ 25.00 per sign to a maximum of $ 100.00 per application b) Temporary Sign $ 10.00 per sign" 2. Item "O" — is hereby amended by adding the following new section and renumbering items O. to R. inclusive to P. to S.: "O. APPLICATION TO AMEND SIGN BY-LAW j $ 50.00" 1. Schedule"A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK � 4n THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT N4 BY-LAW NUMBER 98- being a By-law to amend By-law 97-157,the Sign By-law for the Corporation of the Municipality of Clarington. 'i WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 97-157, as amended, 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 — DEFINITIONS is hereby amended by adding the following definition for "Sign,Off-Site Directional Tourism"after the definition of"Sign,Off-Site Directional". "Sign,Off-Site Directional Tourism means a sign for the purpose of only identifying a name of a tourism destination, business or service and providing directions to the tourism destination, business or service and shall be erected in compliance with a Municipal Agreement." 2. Section 2 — DEFINITIONS is hereby amended by replacing the definition of Sign, Wall with the following: "Sign, Wall means a sign of which the entire display surface and sign area does not extend beyond the limits of the wall and is wholly painted on or permanently affixed to a single wall or structure. The sign structure, display surface and/or sign area shall not project in a perpendicular fashion more than 0.3 metres from the wall of the said structure." 3. Section 3.7.5 — Prohibition in Street Allowance and Sight Triangles is hereby amended by adding the following words"off-site directional tourism site"after the words "Official Bench Sign". 4. Section 3.7.5 — Prohibition in Street Allowance and Sight Triangles is hereby amended by adding the following new section: "b) Any person wishing to erect an off-site directional tourism sign within a municipal street allowance must first obtain approval from the Director of Public Works and upon approval shall enter into an agreement with the Municipality of Clarington. An off-site directional tourism sign shall not exceed a sign area of 0.36 square metres. The sign height shall be compatible with it's surroundings. The signs may only be erected at intersections where a change of direction is required to reach the destination. 5. Schedule"A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK i ATTACHMENT #5 APPLICATION TO AMEND SIGN BY-LAW INSTRUCTIONS THIS APPLICATION WILL NOT BE ACCEPTED OR PROCESSED UNLESS: 1. All sections of the accompanying application form are completed. i 2. Two (2) copies of plans and/or drawings 8 Y2" x 14" are attached. The plans and/or drawings must show the location, size, colour and type of all signs and their relationship to on-site and surrounding buildings, structures and roads. NOTE: A non-refundable application fee $25.00 for permanent sign, $10.00 for temporary sign (includes G.S.T.)as per the Fee Schedule By-law 96-032, as amended, is due at time of application. Cheques, cash or money order shall be made payable to the Municipality of Clarington. APPLICATION PACKAGE MUST BE SUBMITTED TO: Planning and Development Department Municipality of Clarington Phone: (905) 623-3379 40 Temperance Street BOWMANVILLE, Ontario FAX: (905) 623-0830 1. Applicant's Information: Name: Address: Telephone Nos.: Home Business Postal Code Fax Home Business Postal Code Fax 2. Policy/Regulation of Sign By-law to be amended: -2- 3. Reason for Amendment: 4. Proposed Location of Sign: Municipal Address: Lot. Concession: Former Township: 5. Sign Details: Location of Sign on Property (ie. wall, front yard, etc.): Type of Sign (ie. wall, ground, pylon) 6. Land Owner's Authorization: If the applicant is not the owner of the land, then written authorization of the owner (or the written authorization of each owner in the case of shared ownership) stating that the applicant is authorized to make the application must be attached. The authorization setout below must be completed by the owner. PLEASE PRINT: Authorization of Owner for Agent to Make the Application I, am the registered owner of the land that is subject to this application and I authorize to make this application on my behalf. Date Signature of Owner 643 ATTACHMENT #6 Canadian t- T6 3 S (C( P Li Mitei D Y 120 Whitmore Rd, Unit 8, Woodbridge, Ontario L4L-6A3 FTL AT TF.-`*iwDA,4, 77 October 2, 1997 Ur' 7 '19 7 Mr. Ron Baker Traffic Co-ordinator Municipality.of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear W. Baker, PAR 'I'ViENT The Province of Ontario has introduced a new Tourism highway Signing System. Canadian TODS Limited is the company chosen by the Province to market, build, install and maintain tourism signs on provincial highways. Members of Ontario's tourism industry have waited"many years for this type of system. It has been planned and designed with industry participation, and with the needs of both tourism operators and their customers in mind. It is intended to ensure that members of the traveling public are both well-informed and safe as they travel our roads. The sjgr.�§.are attractive and will be placed mi .an or anized fashion to rovide the necessary information with-out cluttering the roads with signs. One of the aspects of the new policy is the intent to provide a complete and consistent way-finding system to each destination. So where a tourism operator is in a location where they will require supplementary signs on Municipal.roads, Canadian TODS Limited is required to secure the approval from each Road Authority in order to place these signs. The Region of Durham 'I s still in the process of determining how they will handle the implementation of the new tourism sign policy on Regional Roads. We do require placement of some signs on some Municipality of Clarington roads and please consider this our application for permission to do so at the locations identified by the enclosed site plans. I have also enclosed the panel layouts of the intersections that we require signs at in order to complete the path to the destinations from their signs on the 401. 644 Ph: mns► nr1_iq9,D c_ ,---- -- Canadian TODS `� Limified � 1 120 Whitmore Rd, Unit 8, Woodbridge, Ontario L4L-6A3 - 2- Canadian TODS Limited will pay the Municipality of Clarington a$150.00 permit fee per intersection for a 10 year permit. Canadian TODS Limited absorbs all costs of manufacturing, installing, maintaining and replacing these signs for the term of the contract with the destination. If you have any further questions please do not hesitate to contact me. If you accept our application for these permits please inform us in writing to our Woodbridge address. Sincerely, Tracey Hepburn Account Executive 645 Ph: (905) 851-1322, Fax: (905) 851-4724, Toll Free: 1-888-263-9333 i • Lt--L; 0Z-j f 177 14 HI•I I _ Nt1-'$1_JK(y 717�JTL� f GT 7:7 dia DEC 0 5 100 MUNICIPALITY OF CLA,RINGTON I PLANNING DEPARTMENT I 120 Whitmore Fid, Unit 8, Woodbridge, Ontario L4L GA3 December 5, 1997 C, Mr. Franklin Wu Planning Director Municipality of Clarington 40 Temperance St.. Bowrtram ille, Ontario LtC 3A6 Dear Sir, The Province of Ontario has introduced a new Tourism Highway Signing System, Canadian TODS Limited is the company chosen by the Province to market, build, install and maintain tourism signs on provincial highways. Members of Ontario's tourism industry have waited many years for this type of system. It has been planned and designed with industry participatipn, and with the needs of both tourism operators and their customers in mind. It is intended to ensure that members of the traveling public are both well-informed and safe as they travel our roads. The signs are attractive and will be placed in an organized fashion to provide the�necessary information-without cluttering the roads with signs, s� One of the aspects of the new policy is the intent to provide a complete and consistent way-finding systern to eacli destination, So where a tourism operator is in a location where they will require supplementary signs on Municipal roads, Canadian TORS I.invited is required to secure the approval from each Road Authority in order to place these signs. As advised by Heather Brooks, T would like to formally request an amendment to your sign oy-taw pcirtutung the use of our trailblazers for tourist destinations the Municipality of' Clarington. Canadian TORS Limited is willing to commit to our smallest sign design to be used on Clarington Roads, since the size of the sign was of some concern to Ms. Brooks (Please sec attached diagram). Canadian TORS Limited will also commit to adhering to the Municipality of Clarington's Official Plan with respect to the sales of these signs to businesses officially designated as tourism nodes. 646 i • Lc�:-v._.- 7 i r» -r Hr1 1 nCl"t:IJKtY 70 0 t'0 (bt7Z)L.S Y bJ I - � I The standard agreement between Canadian TODS Limited and all municipalities is to pay a permit fee of$150.00 per intersection we require to place a sign,at. Since we would like to keep our fees standard across the province and the Municipality of Clarington's permit fee is only $25.00 I would like to request that you waive any fees for amending the sign by-law, The by-law amendment fee is not something; we have been required to pay in any other municipality and as such, we would not be prepared to absorb that cost, Ms. Brooks also has a copy of our standard municipal agreement recommended by the Ontario Good Reads Associaiion Canadian TODD Limited would be prepared to include any additional clauses you feel are necessary. If you have any further questions please do not hesitate to contact me. Sincerely, CX Tracey I lopburn Account Executive i cc: Steve Vokes Director of Public Works 647 I f SIGN DIAGRAM Urban Low Speed Trailblazer Wooden Structure 14X4 Wooden Post UA*n TraMIner 19cnc T �! (7.5 i 76m - 64 8 i ATTACHMENT #7 s (ME I JUN 0 4 1998 MUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT Ij I June 3, 1998 Dear Operator: Re: Request for Tourism Off-Site Directional Signing t I In response to your request for Tourism Off-site Directional signing on Municipality of Clarington Roads, attached is an application form and a copy of Council approved policy specifying the conditions that must be met prior qualification. Please complete the Tourism Signing application and a standard sign application through the Planning Department which requires a $25.00 fee per sign (maximum $100.00). We will review your request in accordance with the policy and inform you as to the extent of signing i your operation qualifies for and the associated costs. If successful, you will be required to sign an agreement to abide by the conditions set forth in the Municipality's policy. The pricing schedule approved by Council is $330.00 per sign for the initial installation plus $100.00 per year per sign for annual maintenance costs paid in advance of any installation. Future maintenance fees may be adjusted by Council periodically. The Municipality is responsible for all maintenance for the duration of the agreement. This policy is similar to the policy adopted by the Region of Durham. If you have any further questions, please call the undersigned. Yours truly Ronald D. Baker, Traffic Co-ordinator Public Works Attach. pc Heather Brooks, Planning Department 649 i i TOURISM SIGNING APPLICATION Municipality of Clarington Date: Customer: Address: Contact: Phone: FAX: Type of Operation: Name on sign (limit of two lines of text, 12 characters per line, one line preferred) Hours of Operation (include hours per day, days per week, weeks per year): Does your operation have existing signing visible from or on Municipal Roadways? Yes No If yes, provide description or sketch of locations. Do you have sign agreements with Region of Durham or Canadian TODS? Sign Location Requests:`(provide sketch or map of proposed sign locations) MAIN ROAD CROSS ROAD DIR. Of TRAVEL ARROW 1 2 i 3 4 COST: Installation - Sign Qty * $330.00 = $ Annual Maint. - Sign Qty * $100.00 = $ TOTAL DUE = $ Annual maintenance fees are due with installation costs and will be invoiced on the anniversary date each subsequent year. Annual fees may be adjusted by Council periodically. Upon approval of this application you will be advised of acceptable locations and total costs due. PAYMENT TO BE CERTIFIED CHEQUE OR MONEY ORDER PAYABLE TO THE MUNICIPALITY OF CLARINGTON, paid in advance. 6-50 i SKI OPERATION (Nordic or Cross Country) To be eligible for signing as a ski operation, the operation must: meet basic criteria offers 10 km of groomed cross-country ski trails of at least 2 levels of difficulty offers direct access to the trails from the operations main reception point offers onsite ski equipment rental offers adequate off-road parking for transient customers CERTIFICA ION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date - 651 HORSE RACETRACKS To be eligible for signing; as a racetrack operation, the operation must: Meet basic criteria is a permanent racetrack supervised by the Ontario Racing Commission under the Racing Commission Act offer publicly accessible, advertised events on at least S days of each week in its operating season CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipaliy's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date 652 Ii i MOTOR SPEEDWAYS To be eligible for signing; as a motor speedwaoperation, the operation must: meet basic criteria is sanctioned by Autorites Sportives Nationales (ASN) Canada as a motor speedway meeting ASN's minimum standards for speedway activities and facilities its public events are licensed by Canadian Automobile Sport Clubs (Ontario Region) offers publicly accessible, advertised events on at least 5 days of each week in its operating season i CERTIFICATION NOTICE: i I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ / Planning Department Approval/Date Public Works Department Approval/Date 6.53 i SKI OPERATION (Alpine or Downhill) To be eligible for signing as a ski oQeration, the operation must: meet basic criteria offer a minimum of 3 groomed downhill ski runs its ski tow equipment complies with relevant federal and provincial safety standards legislation offers onsite s1d equipment rental I offers adequate off-road parking for transient customers offers first aid, washrooms, and drinking water onsite offers food service, onsite or immediately adjacent to the site CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date 654 ZOOS AND ANIMAL DISPLAYS To be eligible for signing; as a zoo or animal display operation, the operation must: meet basic criteria is a zoological garden/park, aquarium, petting zoo, petting farm, aviary, bird sanctuary, animal conservation centre, or other public animal exhibit whose primary activity is wildlife conservation and/or the public display of animals has a permanent location complies with all relevant legislation and regulations concerning the keeping of animals in captivity, including the Ontario Game and Fish Act, the Ontario Society for the Prevention of Cruelty to Animals Act, and (where these exist) relevant municipal enactments CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date / Public Works Department Approval/Date - - h55 FARMERS MARKET To be eligible for signing as a farmers market operation the operation must: meet basic criteria is a market devoted to the sale of local and Ontario produce and other foodstuffs the market must set a minimum level of local products and local producers to be sold on the premises is open at least two days per week in its open season has a permanent facility the facility dedicated to the market has a minimum 10,000 square feet of floor space i CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescn'bed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date 656 i PUBLIC ART GALLERIES Includes: Public Art Galleries, Sculpture Parks, Developed Outdoor Mural Sites To be eligible for signing as a public art gallery operation, the operation must: i meet basic criteria is a permanent facility the facilities primary purpose is the public exhibition, rather than the retail sale, of works of art the facility houses a permanent art collection, part of which is on display at all tames the operation is open to the public where the facility consists of an outdoor mural display, the murals are permanent that are accessible to the general at all times CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19� / Planning Department Approval/Date Public Works Department Approval/Date 657 MARINAS (Publicly Operated) To be eligible for signing; as a marina operation, the operation must: meet basic criteria maintain at least 10 spaces for rental to the transient public offers marine fuel facilities offers docking facilities, including a boat launching ramp offers fresh/potable water i provides sanitary disposal facilities, either onsite or immediately adjacent to the site CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescn'bed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of 19_ Planning Department Approval/Date Public Works Department Approval/Date 658 i i RIDING OPERATIONS To be eligible for signing as a riding operation, the operation must: meet basic criteria i offer day livery services service is available at all times the operation is open to the public and is not available exclusively by advance booking offer adequate off-road parking for transient customers has adequate supply to serve transient customers offers direct access to trails from the operations main recaption and operating site i CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date / Public Works Department Approval/Date 659 i i I FLYING OPERATIONS (Tourist - Oriented) To be eligible for sib as s a flying operation the operation must: meet basic criteria is a sea plane base offering float or sea plane charter operation offers guided, chartered or rental tourist flights on a regular, advertised schedule serves transient customers i I I 'i CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ i Planning Department Approval/Date Public Works Department Approval/Date 660 i CAMPGROUNDS i I To be eligible for signing, as a campground operation, the operation must: i meet basic criteria i make available for booking by the transient public either 10% of its camping sites, or a minimum of 10 spaces, whichever is greater I include both tent and trailer sites among the sites available to the transient public supply sanitary facilities, drinking water and picnic tables or equivalent CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19� Planning Department Approval/Date Public Works Department Approval/Date 661 i CASINOS To be eligible for signing as a casino operation, the operation must: meet basic criteria is a permanent, fixed-location casino recognized by the Province, that is either: a) a commercial casino under the Ontario Casino Commission Act or b) a permanent charitable casino under the Ontario Gaming Control Act I i �I I I I CERTIFICATION NOTICE: i I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date 662 I III I GOLF COURSES To be eligible for signing as a golf course operation, the operation must: meet basic criteria offers a minimum of 9 holes of regulation golf is open to the general public at least 6 days per week during its advertised operating season has a pro shop/rental shop which offers on-site equipment rental has a base for operations such as a lodge or office building or ticket booth provides public rest rooms CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type 'of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date 663 i THEMED TOURIST ATTRACTIONS AND THEME PARKS To be eligible for signing; as a themed attraction operation, the operation must: meets basic criteria is an establishment whose primary function is satisfying tourist needs by providing recreational, educational, cultural, scientific, environmental or entertainment- related activities to transient tourists at the site, the sale of merchandise or services is absent or is restricted to the sale of souvenirs and/or food and beverage service provides adequate off-road parking at the site I CERTIFICATION NOTICE: I certify the requested information is correct; that I have read and fully understand the Municipality's Policy; that the operation I have applied for complies with the General and Specific Criteria for the type of operation being signed; that I agree to pay the prescribed fees; and to indemnify and save harmless the Municipality of Clarington from all damages or losses that may arise as of the erection of the sign(s) installed in accordance with this agreement. Operator: By: (Print Name) Signature: Signed this Day of , 19_ Planning Department Approval/Date Public Works Department Approval/Date 664 DN: PD-74-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report#: PD-74-98 FILE #: DEV 98-037 By-law# (X-Ref: 18T-89037) Subject: REMOVAL OF HOLDING "H' SYMBOL APPLICANT: ROBINSON RIDGE DEVELOPMENT INC. PART LOT 35, CONCESSION 11 FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 98-037 (X-REF: 18T-89037) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-74-98 be received ; 2. THAT Rezoning Application DEV 98-037 submitted by Robinson Ridge Development Inc. requesting the removal of the holding (H) symbol from the subject lands be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; and 3 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Robinson Ridge Development Inc. 1.2 Rezoning: Removal of "Holding (H)" symbol REPORT NO.: PD-74-98 PAGE 2 2. APPLICANT 2.1 The Municipality of Clarington Planning and Development Department on June 3, 1998, received an application for the Removal of the Holding symbol. The application is for the Phase 1 lands of Draft Approved Plan of Subdivision 18T- 89037. Said subdivision is located south of Old Bloor Street, Regional Road 22, adjacent to the east side of Townline Road. Phase 1 of the subdivision contains a mix of townhouse units, semi-detached/link lots and single family dwelling lots, as well as a parkette. 3. COMMENTS 3.1 The lands subject to the removal of holding (H) symbol contain five (5) different zone categories. The removal of Holding will allow the development of 122 units, consisting of 13 singles, 20 semi-detached/link lots (40 units) and 69 street townhouse dwellings. The Municipality's Zoning By-law has provisions which allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By-law. 3.2 The removal of the holding (H) symbol was a condition of draft approval for Plan of Subdivision 18T-89037. The subdivision agreement for Robinson - Ridge Development Inc. has been executed by the Owner and the Municipality and has been forwarded to the Municipality's solicitor for registration. Removal of the holding (H) symbol will permit the issuance of building permits in compliance with the provisions of the subdivision agreement. 3.3 It is noted that pursuant to Section 36 of the Planning Act, a 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 should council grant approval of same. 666 REPORT NO.: PD-74-98 PAGE 3 4. RECOMMENDATION 4.1 In consideration of the comments noted above, Staff would have no objection to the removal of the holding (H) symbol as shown on the attached By-law and Schedule. Respectfully submitted, Reviewed by, Fran lin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP *FW*df 10 June 1998 Attachment No. 1: Key Map Attachment No. 2: Draft M-Plan for Phase I Attachment No. 3: Zoning Amendment Interested parties to be notified of Council and Committee's decision: Robinson Ridge Development Inc. 60 Centurian Drive MARKHAM, Ontario UA 8T6 �i'7 ATTACHMENT NO. 1 VA SUBJECT SITE LOT 35 LOT 3 4 LOT 33 NIIIII I IIi� = BLOOR STREET U ~ Q O � p U BLOOR STREET Ilk o ---_ o w z O Qom' Z F- O V W U z U S COURTICE D E V. - KEY MAP 9$ X37 - iii ,--?- I —AN 4-- IV SLOON STRUT rAst FEMMAL ROAD N..2a LqCK 62 HT, k.=, ---------==---------_"- 59 T-T T &=37 a 21 30 34 !MK Zo 32 :33 t ii PLAN OF SILIBOMSION OF PART OF LOT 35. CONCES!Yt V AND PART OF THE ROAD Six AVENM KT-L V ALLOWAN CE BETWEEN LOTS I }I:1 34 & 35. CONCESSION I S C,,hk TOWNSIOP OF OARxW TON J MUNICIPALITY OF CLARINGTI 2 1 23 J.D.BARNES L"TED 1998 w;� I w lo k cooc sc- do METRIC: SLOC', Hl OWNER'S CERTIFICATE Sf- GATE SLOM 50 SIX Z4 I! to V? Is is 14 43 ROBINSON ROM DEVEI.OPMENTS EX. NOTES: SLRVEYORS CERTYX&TE ZT BE SLOoc 54 -7 I JrAffr EM .3U3 DUXK bb ml I KXrANNOft AVENA r28 r PKXARO CATE ,--?- I —AN 4-- IV SLOON STRUT rAst FEMMAL ROAD N..2a LqCK 62 HT, k.=, ---------==---------_"- 59 T-T T &=37 a 21 30 34 !MK Zo 32 :33 t ii PLAN OF SILIBOMSION OF PART OF LOT 35. CONCES!Yt V AND PART OF THE ROAD Six AVENM KT-L V ALLOWAN CE BETWEEN LOTS I }I:1 34 & 35. CONCESSION I S C,,hk TOWNSIOP OF OARxW TON J MUNICIPALITY OF CLARINGTI 2 1 23 J.D.BARNES L"TED 1998 w;� I w lo k cooc sc- do METRIC: SLOC', Hl OWNER'S CERTIFICATE Sf- GATE SLOM 50 SIX Z4 I! to V? Is is 14 43 ROBINSON ROM DEVEI.OPMENTS EX. NOTES: SLRVEYORS CERTYX&TE ZT BE SLOoc 54 -7 I ATTACHMENT NO.<:3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend by-law 84-63, the Comprehensive Zoning by-law of the 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 former Town of Newcastle for DEV 98-037; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from ", "Holding — Urban Residential Exception ((H)R1-41)", "Holding— Urban Residential Exception ((H)R2-12)", "Holding— Urban Residential Exception ((H)R2-13)", "Holding — Urban Residential Type Three ((H)R3)", and "Holding — Urban Residential Exception ((H)R3-17)" to "Urban Residential Exception (R1-41)", "Urban Residential Exception (R2-12)", "Urban Residential Exception (R2-13)", "Urban Residential Type Three (R3)", and "Urban Residential Exception(R3-17)", as illustrated on the attached Schedule "A" hereto: 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 1998. BYOLAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK i 670 DN: PD-75-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: June 22, 1998 Res. # Report#: PD-75-98 FILE #: 18T-90050 & DEV 91-002 By-law# Subject: PROPOSED PLAN OF SUBDIVISION AND REZONING APPLICATION APPLICANT: MR. JOSE IBANEZ ET AL PART LOT 16, CONCESSION It FORMER TOWNSHIP OF DARLINGTON FILES: 18T-90050 AND DEV 91-002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-75-98 be received ; 2. THAT the proposed Plan of Subdivision 18T-90050, revised and dated May 1, 1997, and further red-line revised, as per Attachment No. 2, be APPROVED subject to the conditions contained in Attachment No. 3; 3. THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, at such time as a Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; 4. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Mr. Jose Ibanez be APPROVED and that the "Holding (H)" symbol be removed by By-law upon execution of a Subdivision Agreement; 5. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. h 7 -1 REPORT NO.: PD-75-98 PAGE 2 1. APPLICATION DETAILS: 1.1 Applicant: Mr. Jose Ibanez et al 1.2 Agent: The Greer Galloway Group Inc. 1.3 Subdivision Application: the application proposes a total of 146 units consisting of: 41 single family dwelling units; 40 semi detached/link lots, 80 units; and 25 on-street townhouse units. 1.4 Rezoning Application: from "Agricultural (A)" to an appropriate zone to permit the development of the proposed plan of subdivision. 1.5 Land Area: 7.583 ha (18.73 acres) 2. LOCATION: 2.1 The subject property is located in Part Lot 16, Concession 1, former Township of Darlington. The subject lands are part of a 26.3 ha (65.05 acre) parcel of land. The lands subject to the rezoning and proposed plan of subdivision applications are at the south limits of the applicants land holdings. The property is bounded by Baseline Road to the south, the Green Road road allowance to the west, Bothrell Street to the north and West Side Drive to the east. 3. BACKGROUND: 3.1 The Municipality's Planning and Development Department initially received the subject rezoning application on January 4, 1991. On January 10, 1991 the Region of Durham circulated the related proposed Plan of Subdivision 18T-90050. Originally an application for Official Plan Amendment was also applied for, to include part of the lands within the Bowmanville Urban Area. 3.2 The Official Plan Amendment application was ultimately approved as part of the adoption of the Clarington Official Plan. Public Meetings for the subject rezoning 672 REPORT NO.: PD-75-98 PAGE 3 application were held April 22, 1991 and October 5, 1992, following revisions to the application. West Side Drive and Bottrell Street were not constructed at the time of the last public meeting. 3.3 The applicant has submitted a Site Screening Questionnaire stating the property has not had previous uses which may have contaminated the soil, and is not in proximity to any use which may cause contamination concerns. 3.4 The applicant has also submitted a noise impact study in support of the proposed development. The study concludes that some noise fencing will be require for lots flanking the Baseline Road in order to ensure that the outdoor amenity areas are appropriately protected. 4. EXISTING AND SURROUNDING USES: 4.1 The existing site is currently vacant. 4.2 Surrounding land uses are as follows: South: Baseline Road and limited residential and agricultural; East: Residential development fronting on West Side Drive, a park and Public Elementary School; North: Residential development fronting on Bottrell Street and West Side Drive and vacant land subject to residential development applications; West: Vacant land subject to residential development applications. 5. OFFICIAL PLAN POLICIES: 5.1 Within the existing Durham Regional Official Plan the majority of the subject property is designated "Living Area". The Living Area policies of the plan encourage lands designated as such, to be used for a variety of housing type, style 477 REPORT NO.: PD-75-98 PAGE 4 and tenure. The transportation schedule designates Baseline Road as a Type "A" arterial. The proposal appears to conform. 5.2 Within the Clarington Official Plan the subject property is designated "Urban Residential" within the Westvale Neighbourhood "13" of the Bowmanville Urban Area. The neighbourhood has a housing target of 1750 units. The urban residential designation permits a maximum density of 30 units per net ha, while the predominant housing forms shall be single detached dwellings, semi-detached/link dwellings and duplex dwellings. Townhouse units are also permitted provided they are not the predominant housing form and conform to the permitted density. The proposed 146 units achieve a density of 30 units per net ha. In addition, the 146 units appears to conform with the housing target contained in Table 9-2 of the Clarington Official Plan. Similar to the Regional Official Plan, the Transportation Schedule identifies Baseline Road as a Type "A" Arterial. The application appears to conform. 6. ZONING: 6.1 The subject land is currently completely zoned "Agricultural (A)", the proposed residential subdivision is not permitted within said zone category. Hence the rezoning application. 7. COMMENTS: 7.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. The following agencies have advised they have no objection or concern with the proposed applications: The Peterborough Victoria Northumberland and Clarington Separate School Board; The Kawartha Pine Ridge School Board; Clarington Fire Department; 674 REPORT NO.: PD-75-98 PAGE 5 Ontario Hydro; and Bell Canada 7.2 Clarington Public Works (i) The Municipality of Clarington Public Works Department, Engineering Division provided numerous conditions of draft approval to be incorporated in the Municipality's recommendation to the Region of Durham. The conditions include many of the typical requirements for a draft plan of subdivision, such as dedication of road widenings, provision of servicing and drainage. (ii) As part of the review of these applications the proponent was requested to submit a traffic report in support of the applications. The report suggested that development of these lands will not negatively impact the existing road network to the east. The applicant will be required to implement, at his expense, a Traffic Monitoring Report to ensure the actual volumes compare favourably with volumes determined in the study. Furthermore, any traffic calming requirements which may be deemed appropriate in the future as a result of the Traffic Monitoring Report will be the responsibility of the developer. (iii) Phasing of this proposal and the adjacent plan of subdivision 18T-96014 was a concern as it related to municipal infrastructure servicing requirements. The subject parcel can proceed to registration in its entirety, as it is not dependent on the construction of a new neighbourhood park, the construction of Green Road or reconstruction of Baseline Road. (iv) The applicant submitted a plan identifying how on-street parking can be accommodated through the development of the application. Public Works staff have reviewed the submission based on the following minimum requirements: 675_ i I REPORT NO.: PD-75-98 PAGE 6 1 on-street arkin s for eve 3 townhouse units p g ace p every 1 on-street parking space for every 4 semi-detached/link units The applicant has demonstrated that based on the above criteria the proposal requires 49 on-street parking spaces, while 75 can be accommodated. i i j (v) The Parks Division, of the Public Works Department, has requested the applicant j i provide a park land dedication equivalent to 1 ha per 300 dwelling units as cash-in- j lieu of parkland. In addition detail landscape treatment where street "A" is parallel to Baseline Road must be submitted for approval with the engineering submission. 7.3 Central Lake Ontario Conservation Authority provided comments stating the site has relatively flat topography, with the exception of tributary of the Westside Creek and its small valley that passes through the southern portion of the lot. Prior to development proceeding a pond for both quality and quantity are to be provided on the south side of Baseline Road. The applicant is required to demonstrate that the major and minor flows can be accommodated within the streets and boulevards without flooding private lots along the way. The applicant is required to submit grading and drainage plans, with engineering calculations indicating flow conveyance capacities at critical sections. The Conservation Authority have. provided numerous conditions of approval to deal with the issues referenced; as well as other requirements. 7.4 Regional Works staff advised that municipal sanitary sewage capacity is available from an existing 600 mm trunk sewer on Baseline Road. However, the applicant will be responsible for the construction of a 250 mm sanitary sewer from the existing trunk sewer to the limits of the subdivision. Municipal watermains exist on Baseline Road at West Side Drive and on Bottrell Street. However, the subject 676 REPORT NO.: PD-75-98 PAGE 7 lands are dependent on the construction of 400 mm watermain between Martin Road and Regional Road 57. This watermain is required to provide sufficient domestic water supply and fire protection. Baseline Road is designated a future Type A arterial, the road widening indicated on the plan is appropriate. Regional Works has no objection subject to various conditions of draft approval. 8. STAFF COMMENTS: 8.1 Through the subject applications, the proponent proposes to create a total of 146 residential units on the subject lands. The proposed subdivision and rezoning application includes 7.583 ha (16.72 acres) of the total 26.3 ha (65.0 acres) owned by the applicant north of Baseline Road, east of the Green Road road allowance, and south of the CPR line. 8.2 A noise study was submitted in support of the application. The study suggests that a 2.1 m high noise attenuation fence be constructed on lots 19 and 48 adjacent to Baseline Road. Staff would prefer not to see fences in excess of 1.8 m high used in residential developments, and have requested that a berm and fence combination be constructed to achieve the required 2.1 m height. 8.3 Access for the proposed 146 units will be through Bottrell Street and Block 101 of registered plan 40M-1816, both these roads connect to West Side Drive, which is designated as a collector road. The Public Works Department, as noted in Section 8.2, reviewed a transportation study in support of the subject applications. The study concludes that there will not be a negative impact from this development on the existing road structure. Public Works Department found the conclusions of the study acceptable. However, Public Works staff have requested monitoring conditions, as well they require the developer to be responsible, financially and otherwise for any future traffic calming measures. 677 II REPORT NO.: PD-75-98 PAGE 8 i 8.4 The issue of parking has been reviewed and the applicant has demonstrated he can easily accommodate the requisite number of on-street parking spaces. As part of staff's review, redline revisions were made to the plan to ensure compliance with the zoning by-law, among other things. The revision has resulted in a decrease of two (2) units, from 146 to 144. 8.5 The proposal provides a mix of single detached dwellings, semi-detached/link dwellings and on-street townhouse units. The mix of units is in conformity with the policies of both the regional and local Official Plans. Furthermore, the application is considered to be in conformity with the Provincial Policy Statement. 9. CONCLUSION: 9.1 In consideration of the favourable comments received from the circulated agencies, Staff recommend approval of the proposed draft plan of subdivision, as red-line revised in Attachment No. 2, subject to the conditions of draft approval contained in Attachment No. 3. Furthermore, the subject rezoning application is recommended for approval with a Holding (H) symbol. The holding symbol will be removed by By-law once the land owner has enter into a subdivision agreement with the Municipality, to the satisfaction of the Director of Public Works and the Director of Planning and Development. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP*FW*jip *Attach 16 June 1998 678 REPORT NO.: PD-75-98 PAGE 9 Attachment No. 1 - Key Map Attachment No. 2 - Red-line Revised Plan of Subdivision Attachment No. 3 - Conditions of Draft Approval Attachment No. 4 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: The Greer Galloway Group Inc. D.G. Biddle & Associates Ltd. 40 King Street West 96 King Street East Suite 204 OSHAWA, Ontario OSHAWA, Ontario L1 H 1136 L1 H 1A4 Attention: Mr. Bob Annaert G. M. Sernas and Associates Ltd. The Kailtlin Group Ltd. 110 Scotia Court 1029 McNicoll Avenue Unit 41 SCARBOROUHG, ntario WHITBY, Ontario M1 W 3W6 L1 N 8Y7 Bayly Holdings Ltd. William Colville 1409 Salem Road 974 Green Road R.R. # 1 BOWMANVILLE, Ontario AJAX, Ontario L1 S 4S7 679 ATTACHMENT NO. 1 S U BJ ECT SITE LOT 17 LOT 16 LOT 15 v Pcoc, Q � - O�P GP�P .�. SPR`NGS z 0 LJ L R U7 o V) Q W 0 U � Z z 0 LJ w U c� ASELINE ROA f-- S 0 BOWMANVILLE D EV. 91 -002 KEY MAP OPA 90-005/N , 18T-90050 4 o n ATTACHMENT NO. 2 I i i I WEST SIDE DRIVE ( I` PMT LOT PMT LOT I I (n 7 I I 1 �/) PMT I I I Q 't1ryy' I I I9 ' 1 I ` ' 6 1 0 1 0 ,a to , 1 0 PMT LOT I I 90 S T R E E T I 1 PMT LOT I BLOCK 5 7.0 a1 a1 7.6 1 0 "o , 0 7.6 6.1 ai 7.6 0 6 M T BLOCK 82 II{ 4I� I BLOCK 84 / 9 i .4Y+1 4 T.H. �7 BLOCK 83 BLOCK T.H. 4 1 Q S2° BLOCK 80 BLOCK 65 BLOCK 4 T H 1 4 T.H. axe T.H. I I a6 a,a,ze W S T R E E T B III P � I 60 e° 1 04 o ,ao 1no 10.2 , 22. , o 110 1ao 110 ne I q8 69 2� I 79 78 77 76 75 74 73 72 71 70 28 27 28 25 24 23 J2221' 1u ,u ,u 1xa ua ,u 1u ,xs ,u ,ai (/� 1ao ,xo ,xa 1zo 1zo ,zo ST]. R E E T A 7 in7 ,27 127 127 la, la7 12.7 127 117 fa7 �n717117 ,1.7 17.7 117 17.7 127 1x7 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 II , 1 I . II � W I I 1 1 " I II I 1 . 11 I aQ I I � I F U T U R E G R E E N R 0 A D 18T-90050 AS RED-LINE REVISED ATTACHMENT NO. 3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to draft Plan of Subdivision 18T-90050 prepared by Greer Galloway Group Inc. dated May 1, 1997 and further revised in red (as per the attached plan) for 144 units, consisting of 39 lots for single family detached dwellings, 40 lots for semi-detached or linked dwellings (80 Units), 6 blocks for on- street townhouses (25 Units), and various blocks for 0.3 metre reserve, road widening, site triangle and future development. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works, that details the storm sewer system (minor system) and the major overland flow route (major system), for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. All grading and drainage must compatible with the grading of the existing subdivision. 682 - 2 - 6. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 7. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 8. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 9. The applicant is responsible for the costs of connecting the proposed subdivision road network to the existing road network at Bottrell Street and Street Z, to the satisfaction of the Director of Public Works. 10. The applicant is responsible for all costs associated with constructing the road network to an urban standard, including unnamed future road stubs at the west and north limits of the proposed. plan of subdivision. 11. The applicant is responsible to implement a Traffic Monitoring Report prepared by I he applicant's transportation engineer. This report shall be required for the duration of the development of the subdivision to determine: a) the actual traffic volumes being generated from this development in comparison to the traffic volumes determined in the Traffic Infiltration Study prepared by Transtech Inc. and on file with the Director of Public Works; b) the need and type of traffic calming techniques or road improvements, diversion of traffic or any other type of improvements needed to ensure that Aspen Springs Drive and West Side Drive function appropriately, to the satisfaction of the Director of Public Works; 683 - 3 - c) the nature and distribution of the traffic generated from this development, in comparison to the assumptions made in the Traffic Infiltration Report; 12. Upon review of the Traffic Monitoring Report by the Director of Public Works, the applicant is responsible financially and otherwise to construct or implement any traffic or traffic calming improvements recommended by the report or required by the Director of Public Works, the applicant is required to construct or implement these improvements upon notice from the Director of Public Works; 13. This Traffic Monitoring Report shall be implemented at the time of commencement of Phase 1 and prepared and submitted periodically, satisfactory to the Director of Public Works. 14. The applicant will be responsible for 100% of the cost of providing a suitable construction access to the subdivision. The necessary access must not adversely impact the existing subdivision to the east or cause undue inconvenience for existing residents. 15. The applicant is responsible to construct the stormwater management facility and storm drainage works necessary to service this watershed, which are proposed in the West Side Creek Master Drainage Study, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 16. The applicant must provide the Public Works Department with a Stormwater Management Implementation Report, which provides for the sequential construction of the stormwater management works necessary for the entire watershed and addresses the impacts of developing this draft plan in the absence of the balance of the watershed. The required report shall be subject to the approval of the Director of Public Works. -4 - 17. That the owner submit a plan, for the review and approval of the Director of Public Works, illustrating the landscape treatment along the Baseline Road, road allowance where it abuts the proposed Street A road allowance. 18. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication for residential development, equivalent to 1 ha per 300 dwelling units. 19. That the Owner shall pay to the Municipality, the development charges in accordance to the Development Charge By-law, as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the owner. 20. The municipal infrastructure servicing requirements (parks, roads, street lighting and sidewalks) and phasing of this development restricts the final approval and registration of this plan, to Phase 1 only, as approved and on file with the Public Works Department . The final approval and registration of any phase of development subsequent to phase one of this plan will be deferred until such time as: a) The Municipality's Development Charge By-law has been amended to include the construction of the Neighbourhood Park, construction of Green Road, reconstruction of Baseline Road, installation of street lighting and sidewalks on Baseline Road and Green Road and any works or services external to this plan deemed necessary by the Director of Public Works to service this development. b) The Municipality has approved the expenditure of funds for the provision of the construction of the neighbourhood park, construction of Green Road, reconstruction of Baseline Road, installation of street.lighting and sidewalks on Baseline Road and Green Road and any works or services external to this plan, deemed necessary by the Director of Public Works to service this development. 685 - 5 - 21. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 22. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 23. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 24. That the Owner shall adhere to architectural control requirements of the Municipality. 25. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the Region of Durham and the Municipality of Clarington. 26. That the noise attenuation measures required adjacent proposed lots 18 and 48 be constructed with a fence and berm combination, and that the fence not exceed a maximum height of 1.8 metres, unless approved by the Director of Planning and Development. 27. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 686- 6 28. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water ' supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 29. That the applicant supply on disk, in a CAD format acceptable to the Municipality a copy of the Final Plan of Subdivision as well as a copy of each phase of registration. 30. That the applicant satisfy the requirements of the Central Lake Ontario Conservation Authority financially and otherwise. 687 - ATTACHMENT NO. 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington has recommended approval to the Region of Durham of proposed draft Plan of Subdivision 18T-90050. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to implement the proposed draft Plan of Subdivision. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)"to"Urban Residential Exception-Holding((H)R1-41)"; "Agricultural (A)"to"Urban Residential Type Two-Holding((H)R2)"; "Agricultural (A)"to"Urban Residential Exception-Holding((H)R2-12)";and "Agricultural (A)"to"Urban Residential Type Three -Holding((H)R3)"; 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998 BY-LAW read a second time this day of 1998 BY-LAW read a third time and finally passed this day of 1998 Mayor Clerk 688 / / ' / This is Schedule "A" to By-law 98- 5 passed this day of 511998 A.D. rq SMEET 'C" rn ZONING CHANGE FROM "A" TO " (H)Rl -41 " ZONING CHANGE FROM "A" TO (H)R2" ZONING CHANGE FROM "A" TO (H)R2-12" ZONING CHANGE FROM "A" TO (H)RY Mayor Clerk LOT 17 LOT 16 LOT 15 GS BOWMANVILLE ' 4 Q 0 DN: PD-76-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report#: PD-76 -98 FILE #: 40M-1882 (X-REF: 18T-86062) By-law# Subject: REQUEST FOR PARTIAL RELEASE OF SUBDIVISION AGREEMENT DRAFT PLAN OF SUBDIVISION — 18T-86062 APPLICANT: JOST PART LOT 9, CONC. 6, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-86062 (40M-1882) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-76-98 be received ; 2. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality of Clarington the partial release of the Subdivision Agreement registered on title November 12, 1996, under instrument number LT778654, effecting those lands located outside the limits of registered plan 40M-1882; 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Irwin Hamilton, solicitor 1.2 Owner: Mrs. Jost 1.3 Subdivision: nine (9) lot plan of subdivision 2. LOCATION 2.1 The subject lands are located in part of Lot 9, Concession 6, former Township of Darlington. The site can be further defined as being located in the hamlet of Tyrone, west of Clemens Road, south of Concession Road 7. A Q-n REPORT NO.: PD-76-98 PAGE 2 3. BACKGROUND 3.1 In 1987, Staff Report PD-208-87 recommending draft approval of Plan of Subdivision 18T-86062 was forwarded to Committee and Council for their consideration and approval. Committee and Council supported Staff's recommendation and the Region of Durham subsequently issued conditions of draft approval. 3.2 Upon receiving draft approval, a subdivision agreement implementing the conditions of approval was entered into between the Municipality and the Developer and register on title. 3.3 When the subdivision agreement for Plan 18T-86062 was prepared, a reference plan identifying the limits of the newly subdivided lands did not exist. In order to permit the registration of the subdivision agreement, the legal description contained in the subdivision agreement on Schedule "A" included not only the subdivided lands but the additional lands owned by the applicant (see Attachment No. 1). 3.4 By letter dated May 4, 1998, Mr. Irwin Hamilton, solicitor on behalf of the Owner requested that the subdivision agreement be amended to indicate that the provisions of the agreement pertain only to the subdivided lands as described within the limits of the registered plan 40M-1882. 4. STAFF COMMENTS 4.1 The preparation and registration of the subdivision agreement proceeded on the basis of the information that was provided to Staff by the Owner's agent. It was acknowledged at that time by the Owner that the legal description contained within the agreement covered not only the subdivided lands but the Owner's entire land holdings. 6 9. 1 REPORT NO.: PD-76-98 PAGE 3 4.2 From the Municipality's prospective, an amendment to the legal description would not effect the enforcement of the terms and provisions of the subdivision agreement against the lands contained within registered plan 40M-1882. 4.3 It is noted for the Committee's information that the provisions of the subdivision agreement acknowledges that any costs related to its preparation, registration and enforcement are the responsibility of the Owner. 5. RECOMMENDATIONS 5.1 In light of Mr. Hamilton's request and the above noted comments, Staff would have no objections to the partial release of the subdivision agreement registered on title November 12, 1996, under instrument number LT 778654, effecting those lands outside the limits of registered plan 40M-1882. Respectfully submitted, Reviewed by, 1/i (I*- - ---C/I(,I) .1 I ICA- -",_ 60-114- 4dfi;;4�� Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. LDT*FW*cc June 5, 1998 Attachment No. 1 - Key Map Attachment No. 2 - By-law authorizing amendment to Subdivision Agreement Attachment No. 3 - Amendment to Subdivision Agreement Interested parties to be notified of Council and Committee's decision: Hamilton & Mutton Barristers and Solicitors 1 Division Street P.O. Box 39 Bowmanville, Ontario L1C 3K8 - � Q7 V cl: p 6 t' �J/i >it ��a� , �:� N 6 t LL. C-Li .02 cn dl! 110 93 S02 < Ey gig#& if I & i!! v!J- 9 1101$QUIN 13w".m NOY wm.'a v LO, NX-M CP aT o F5 CY) 69-3 Attachment No. 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to authorize the entering into an Amending Agreement with Elfriede Jost the Owner of Plan of Subdivision 18T-86062 (40M-1882) and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-86062(40M-1882). WHEREAS,the Owner entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12°i day of November 1996,as Instrument No. LT778654; AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has resolved to approve an amendment to the aforesaid Agreement; NOW THEREFORE,the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington,and seal with the Corporation's seal,an Amending Agreement between Elfriede Jost, the Owners of Plan of Subdivision 18T- 86062 (40M-1882). BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK - X94 Attachment No. 3 AMENDING AGREEMENT THIS INDENTURE made(in triplicate)this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, hereinafter called the"MUNICIPALITY"OF THE FIRST PART -and- ELFRIEDE JOST, hereinafter called the"OWNER"OF THE SECOND PART WITNESSETH THAT: WHEREAS the Owners entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 12' day of November 1996,as Instrument No. LT778654. AND WHEREAS the Owner requested the Corporation to amend the legal description contained on Schedule "A" within the Subdivision Agreement to clarify that the terms and provisions of the agreement only pertain to the lands located within the limits of registered plan 40M-1882; AND WHEREAS the Corporation has agreed to amend the Subdivision Agreement registered on title on the 12`h day of November, 1996,as Instrument LT778654; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed and the sum of Two ($2.00) Dollars of lawful money in Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. OWNER OF THE LANDS The Owner represents and warrants to the Corporation that it is the owner in fee simple absolute of the Lands and that there is no mortgagee or charges against the Lands. 2. AMENDMENT TO SCHEDULE"A"OF THE SUBDIVISION AGREEMENT The LEGAL DESCRIPTION OF LANDS contained within Schedule "A" of the Subdivision Agreement is hereby deleted and replaced with the following new wording: "LEGAL DESCRIPTION OF LANDS ALL AND SINGULAR that certain parcel of land premises situated, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and being comprised of Part of Lot 9, Concession 6, in the former Township of Darlington, now the Municipality of Clarington, Regional Municipality of Durham of the Geographic Township of Darlington, now designated as Registered Plan 40M- 1882." 69-5 3. PROVISIONS OF SUBDIVISION AGREEMENT OTHERWISE CONFIRMED Except as provided in paragraph 2 of this First Amending Agreement all the provisions of the Subdivision Agreement is hereby confirmed and continue in effect. 4. REGISTRATION OF FIRST AMENDING AGREEMENT The Owner and the Mortgagee consent to the registration of a notice of this First Amending Agreement against the title of the Lands. 5. AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Corporation has authority to enter into this First Amending Agreement,that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this First Amending Agreement is made by the Corporation in reliance on the knowledge and agreement of the Owner as aforesaid. 6. SUCCESSORS The First Amending Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF the corporate parties hereof have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED,SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON In the presence of: ) MAYOR CLERK ELFRIEDE JOST LnL DN: PD-77-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report#: PD-77-98 FILE #: ROPA 98-003 By-law# Subject: REGIONAL OFFICIAL PLAN AMENDMENT APPLICANT: JOSEPH AND ELIAS MICHAEL PART LOT 16, CONC. 1, FORMER TOWNSHIP OF CLARKE FILE NO.: ROPA 98-003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-77-98 be received ; 2. THAT Council recommend to the Region of Durham that application ROPA 98-003 to amend the Durham Regional Official Plan submitted by Joseph and Elias Michael be APPROVED; and 3. THAT Durham Region Planning Department, all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Joseph and Elias Michael 1.2 Regional Official Plan Amendment: From — General Agricultural Area To — a designation appropriate to permit the severance of a dwelling surplus to a farm operation 1.3 Area: 0.912 ha (2.3 ac) portion of a 27.5 ha (68 ac) parcel 2. LOCATION 2.1 The subject lands are located in Part of Lot 16, Concession 1, former Township of Clarke. The property has the following municipal address: 1287 Morgans Road. The lands are situated between Highway 401 to the north and Concession Road 1 AQ7- REPORT NO.: PD-77-98 PAGE 2 to the south. The applicant also owns lands south of Concession Road 1 and south of Lakeshore Road. 3. BACKGROUND 3.1 On April 23, 1998, Staff received a request from the Region of Durham to respond to an application to amend the Durham Regional Official Plan. The application was subsequently circulated to various agencies for their comments on April 29, 1998. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: The south portion of the subject land is cultivated. The north portion is uncultivated and possesses a residence. A hydro corridor passes through the middle of the parcel. Surrounding Uses: North — Highway 401 South — Non-farm residence (severed from the subject lands prior to 1970), Ontario Hydro right-of-way and agricultural lands East — Forested area West — Agricultural land 5. PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property and a new residential lot may be created. The Policy Statement defines a "Residence Surplus to a Farming Operation" as "one or two or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." 698 REPORT NO.: PD-77-98 PAGE 3 6. OFFICIAL PLAN POLICIES 6.1 Regional Official Plan The Durham Regional Official Plan designates the subject lands "General Agricultural". Lands so designated shall be used primarily for agricultural purposes. The severance of a surplus dwelling is permitted if it is the result of consolidation of abutting farm parcels into one parcel. However, an amendment to the Plan is required if the surplus dwelling occurs through the acquisition of a non-abutting farm parcel. 6.2 Clarington Official Plan The subject lands are designated "General Agricultural Area" and "Environmental Protection" in the Clarington Official Plan. Lands designated "General Agricultural Area" shall be used for farm purposes. Lands designated "Environmental Protection" shall be predominantly used for conservation purposes. 6.3 The Clarington Official Plan requires an amendment if a farmer wishes to sever a dwelling rendered surplus due to the acquisition of a non-abutting farm provided: a) A retirement or intra-family lot has not been severed since January 1, 1974; b) The farm to be acquired is a minimum of 40 hectares; c) The dwelling to be severed is not required for farm employees; d) The surplus dwelling lot is generally less than 0.6 hectares; and e) It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". Farm uses shall prevail on lands zoned "Agricultural". Lands zoned "Environmental Protection" shall be used primarily for conservation. 7.2 Within the agricultural zone, the minimum lot size is 40 ha. However, Section 6.3 inn i i REPORT NO.: PD-77-98 PAGE 4 i j g) of Zoning By-law 84-63, as amended, states that where a lot is severed in accordance with the governing official plans, the original lot from which the lot has been severed shall be deemed to be a legal non-conforming lot with respect to lot area requirements. 7.3 The zoning by-law does not permit residential dwellings within the "EP" zone. In fact it requires all structures to be located a minimum of 3 metres from an "Environmental Protection" zone. However, since the structure pre-dates the zoning by-law it is considered legal non-conforming. 8. PUBLIC MEETING 8.1 Since this is an application to amend the Durham Regional Official Plan, the Region of Durham placed a "Notice of Public Meeting" in the appropriate newspaper. The application was forwarded to a Regional Public Meeting on May 26, 1998. There were no objections or concerns expressed at this meeting. 8.2 Upon the submission of an application to amend the Clarington Official Plan, public notice will have to be provided and a public meeting will be held in accordance with the Planning Act. 8.3 The Durham Region Federation of Agriculture advised in writing that they support this application provided that: • no further severances be allowed from the remaining farm parcel • that the surplus dwelling lot size be kept as close as possible to the minimum requirement of 0.4 hectares • that the limits of the surplus dwelling lot should extend north to Highway 401. 9. AGENCY COMMENTS 9.1 Staff circulated the application to Clarington's Public Works Department and the Fire Department. These departments both expressed that they have no concerns 69900 REPORT NO.: PD-77-98 PAGE 5 with the application. 9.2 The Ganaraska Region Conservation Authority advised that an intermittent cold water stream runs through the property. The existing house, built in the 19`h century, is located outside the regulatory flood plain. However, since the proposed property is completely located within the Fill and Construction Limits, a permit under Ontario Regulation 148/90 would be required if any development or grading occurs on the property. 9.3 The Durham Region Health Unit is satisfied with the location of the septic and well. They advised verbally that the location of the private services would not likely be an issue if the size of the lot is reduced. However, they have requested to be consulted when the lot size and configuration is finalized. Final configuration of the lot size would require their review. 10 STAFF COMMENTS 10.1 The applicant owns 128 hectares and rents an additional 23 hectares of land. They grow predominantly cauliflower, bok Choy and chinese cabbage. Apparently they have rented the subject 27 hectare parcel from which they wish to sever the house from, for six years. This parcel was purchased in December 1997. Municipal assessment records state that the house was built in 1880. Staff conducted a site visit and noted that the north portion of the subject lands are not farmed. 10.2 Dale Toombs (Agricultural and Rural Land Use Consulting) prepared an Agricultural Assessment which provides information regarding the Michael's farm operation including farm viability and housing requirements. The consultant states that the applicants are full time farmers and that the farm operation encompasses four farm parcels totalling 128 hectares of which 87 hectares are used for vegetable production. Mr. Toombs notes that the Michaels live in 2 homes located on Lakeshore Road. He goes on to state that there is no need for year-round housing � nnnn REPORT NO.: PD-77-98 PAGE 6 accommodation for additional farm employees. The 13 seasonal offshore employees required at harvest time are housed in trailers. The report also stated that the application complies with the Provincial Policy Statement and with Minimum Distance Separation regulations. Staff concur with these comments. 10.3 A local official plan amendment is required in order to permit the creation of a new lot for a dwelling rendered surplus as a result of the acquisition of a non-abutting parcel. An application has not been submitted. The applicant wanted to receive some assurance in the approval of their Regional Official Plan Amendment prior to making the required application at the local level. 10.4 In review of the Durham Regional Official Plan amendment application, it is apparent that the following criteria within the Clarington Official Plan can be met. • A retirement or intra-family lot has not been previously severed since January, 1974. Records indicate that there have been no retirement or intra-family lots created since 1974. • It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. The applicant has stated that they are in agreement with this regulation. This condition will be registered through the land severance process. • The dwelling to be severed is not required for farm employees. The applicant retained Dale Toombs who is an agricultural and rural land use consultant. He made a submission on the Michaels behalf stating that there is no need for this particular farm operation to house workers throughout the year. Apparently 13 offshore labourers are hired on a seasonal basis. The employees live in 2 trailers 499pm REPORT NO.: PD-77-98 PAGE 7 located on the farm. Dale Toombs noted that seasonal housing is regulated by the Ministry of Health and is inspected annually. The following provisions must be satisfactorily dealt with through the Local Official Plan Amendment application. • The acquired farm is a minimum of 40 hectares. The subject parcel that has recently been acquired is just over 27 hectares, of which the north portion is not farmed (approximately 7.5 ha). The parcel is also crossed by a hydro right-of- way. The lands along the hydro right-of-way are farmed. The intent of the 40 ha minimum size criterion is to ensure that the farm is a bona-fide agricultural operation and that the severance of a surplus dwelling will not affect the viability of the existing farm operation. It is the applicants' intention that the remaining parcel will remain part of the farm operation. • The surplus dwelling lot is generally less than 0.6 hectares. The applicant proposes that the lot be 76 metres deep with 120 metres of frontage (0.9 ha). The depth is consistent with that of the existing lot located just south of the proposed severed lot. The 120 metres of frontage would provide the proposed lot with continuous frontage up to Highway 401. The minimum lot frontage for rural residential lots is 30 metres and the minimum lot area is 0.4 hectares. Reduction of the lot depth to 50 metres would result in a lot area of 0.6 ha. 10.5 The proposed severed lot is zoned in part "Environmental Protection (EP)". The structure predates the zoning by-law and therefore is considered legal non- conforming. The Ganaraska Region Conservation Authority has no objection to this application. 699004 REPORT NO.: PD-77-98 PAGE 8 11. RECOMMENDATIONS 11.1 Staff have reviewed the application and have no objection supporting the principle of this application. However, Staff note that an application to amend the Clarington Official Plan must be made, and successfully completed prior to the applicant obtaining approval to sever the parcel. No amendment to the zoning by-law is required. Respectfully submitted, Reviewed by, 6 Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. HB*FW*cc 16 June 1998 Attachment No. 1 - Key Map Attachment No. 2 - Site Sketch Interested parties to be notified of Council and Committee's decision: Joseph and Elias Michael 4162 Lakeshore Road Newcastle, Ontario L1 B 1 L9 Dale Toombs Agricultural and Rural Land Use Consulting 15 Walker Street Lindsay, Ontario K9V 5Z8 699005 ATTACHMENT #1 SUBJECT SITE PROPOSED SURPLUS DWELLING LOT E............1 OTHER LANDS OWNED BY APPLICANT 20 19 18 17 16 15 14 13 12 miii 1IIHU11111 fli i IHI GH AY 2 �-- I z it II I Z � �� � II II 0 I `m l I 11 11 � HIG WAY I 1 401 U Z o O II it I 0 --I F I U CO IDESSI N ROAI D 1 i I I I I .....•.. V) II I II a '•�1:::::� o I II v II II � ..f.•.;.;• IO I Ii Z II II 0 l•'....' I II II II U I I I I ::'l;�::•::: I I i I I : I � I F- 1I I I :.�.. Z I i i O IILAKE ORE :'l":'::'::.`:.•.• Q i II I i C.P. ............. ......... ROAD Z C•N.R. W ........... I I OY _ iL L m ollg4- '/p I I CLARKE R®PA. 98-Op KEY MAP 3 nn nn ATTACHMENT #2 HIGHWAY 401 LOT 16 CONC. 1 SEPTIC BED o n E HOUSE 00 0 Z I � Q CREEK Q WELL ry 0 50.00m --{ 76.00m / I V/A PROPOSED SURPLUS DWELLING LOT 76.00m Width = 0.9ha , 50m Width = 0.6ha ® LIMITS OF REGIONAL FLOODPLAIN — — — LIMITS OF " EP" ZONE ROPA. 98-003 EQ1 ° nO7 DN: PD-78-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report #: PD-78-98 FILE #: DEV 98-038 (X-REF: 40M-1907 ) By-law # Subject: REMOVAL OF PART LOT CONTROL APPLICANT: GREEN MARTIN HOLDINGS LTD. PART LOT 17, CONC. 1, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 98-038 (X-REF: 40m-1907) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-78-98 be received ; 2. THAT the request submitted by Green Martin Holdings Ltd. for removal of Part Lot Control in respect to Block 62 on 40M-1907 be APPROVED; 3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7.1) of the Planning Act, R.S.O. 1990, as amended; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 The Green Martin Holdings Ltd. draft Plan of Subdivision (known as "Clarington Corners") located in Part Lot 17, Concession 1, in the former Township of Darlington has recently completed its first two phases of registration (Plans 40M-1904 and 40M- 1907). 1.2 The current application is requesting the passage of a Part Lot Control By-law for Block 62 in Plan 40M-1907. Block 62 and Lot 11, located to the west of Block 62, each have a frontage of 12.299 metres. The intention of the application, if approved, 699nnR REPORT NO.: PD-78-98 PAGE 2 is to permit the melding of the westerly portion of Block 62 with Lot 11 thereby creating an 18 metre wide lot upon which a single family dwelling unit will be constructed. The remainder of Block 62 would meld with the adjoining Block 61 to the east, again creating an 18 metre wide lot upon which a single family dwelling unit would be constructed. Through the approval of this application, the number of dwelling units to be constructed will have reduced from three (3) to two (2). 1.3 For the Committee's information, since Block 62 is located in a registered plan of subdivision, there is an existing agreement in place to cover the Municipality's financial interest, including the payment of parkland dedication and development charges. 2. STAFF COMMENTS 2.1 Staff have no objections to the approval of a By-law exempting the subject lands from Part Lot Control. The Public Works Department in commenting indicated that they would have no objections to the proposal, however noted any costs attributed to the development as proposed are the responsibility of the Owner. 2.2 Attached hereto is a By-law to exempt the subject lands from Section 50(5) of the Planning Act pursuant to the provisions of Section 50(7)'of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. 2.3 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. After reviewing the 69900-9 REPORT NO.: PD-78-98 PAGE 3 application, Staff have recommended that the By-law be in force for a two (2) year period following Council approval, ending on June 29, 2000. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. LDT*FW*cc June 8, 1998 Attachment No. 1 - Site Plan Map Attachment No. 2 - By-law Interested parties to be notified of Council and Committee's decision: Green Martin Holdings Ltd. do 1029 McNicoll Avenue Scarborough, Ontario M1 W 3W6 4 0 a n 1 n ATTACHMENT 1 N,3 80'E 3D.7e0 Naeoo.r EA °`- �7C fl\\ �l�'+�•'°�?� a•'� aoo t'o" ra,r, ! ! •� t� " . n 'zay �'grn"",.,_M1 ^\R}'F• C�.B ` ,o,a't'o . ..rwt P r g' 0% `� \m\ ;; ''y, �y aN �,' ie:rr r: z}u ca, ! 'f"k ✓z ..m - 10/d 'C� --l. r 'a 0 8rn as oi'Y ,f.oT KS m a' � wDf» � "o'°r�s•wt ED razz, xv '' 'flrw t .9 A A BLOCK y' m t rsazl �g gSa;Tp � a.sl0 T A ° } BL b OCK 57 m kg — --- a W e 32 w. yob 1B A a " x g m € w $ O : BLOCK 56 U Y' toy a 1 0 R$ 19 O » sBwKow� .30 BLOCK 54 na j3 8 h r— X b 'G g BLOCK 52' yy C. M34 PMT 1.Peer .oa-1sa9> � 22 ,,,ay. » P�9ca coa 1-n-6,sccml wuc>w q1 g ' ' » S to 1 � y � 8, 23 " 4 9P 37 i P/A(1,PVN 41-136% Q Pula cOn 1-r>-s,ucml oww.a y w ?S p 4M952 6•43'40 tYn 40 13; M »anbT S c)m F 51 8 0' mo 41 P 10 Y \ 3 - ro 4r,1 p5 K 1 50 k € o A o✓ 42 - O anuyo �' $ 43 p a �31ei t �0 v w 48 v M 400 � i•• a g ��` /IV 7 f S x 2 � titi mom ",G�o,� �;,�04{' s'� �, '-g,•--'------ V rO1< �V Cb 0ti � 40M- 1 907 A u h 0 BLOCK AFFECTED BY PART LOT CONTROL DEV. 98-038 / nnn , , ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 94- being a By-law to designate a certain portion of Registered Plan 40M-1907 as not being subject to Part Lot Control. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 62 on Plan 40M-1907, 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 Regional Municipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: a) Block 62 on Plan 40M-1907, Municipality of Clarington, Regional Municipality of Durham. 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 June 29,2000. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK Lnnn1 '� DN: PD-79-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday,June 22, 1998 Res. # Report #: PD-79-98 FILE #: DEV 98-011 By-law # Subject: REZONING APPLICATION — 290572 ONTARIO LIMITED PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON NORTH WEST CORNER OF COURTICE ROAD AND SANDRINGHAM DRIVE FILE: DEV 98-011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-79-98 be received ; 2. THAT application to amend the Comprehensive Zoning by-law 84-63 of the former Town of Newcastle, as amended, submitted by D.G. Biddle and Associates Limited on behalf of 290572 Ontario Limited be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and amending By-law be forwarded to the Region of Durham Planning Department; 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: 290572 Ontario Limited 1.2 Agent: D.G. Biddle and Associates Limited 1.3 Rezoning: From "Urban Residential Type Three (R3)" to an appropriate zone to permit the construction of eleven (11) townhouse units with a 4.5 metre (14.7 ft.) minimum front yard setback REPORT NO.: PD-79-98 PAGE 2 and detached garages with a 0.0 metre setback where they have a common wall with a garage on the adjacent lot. 2. LOCATION 2.1 The subject property is located on the north west corner of Courtice Road and Sandringham Drive. The parcel is one lot south of Roy Nichols Motors. It is legally described as Block 32 in Registered Plan of Subdivision 40M-1815, and is further described as being in Part Lot 29, Concession 2, of the former Township of Darlington. 3. BACKGROUND 3.1 Block 32 of 40M-1815 is a vacant parcel of land, which has been retained for future development by the owner of the Courtice Crossings subdivision. When Draft Approval was originally granted to 18T-87092, Courtice Crossings subdivision, Block 32 was part of a larger block of land to be developed as a medium density project. Subsequent amendments to Draft Approval introduced Short Crescent, with on-street townhouse units, leaving Block 32 as the balance of the original medium density block. 3.2 The zoning of the parcel is "Urban Residential Type Three (R3)". This is the same as the majority of Short Crescent. The zoning would permit the development of this parcel in a similar fashion as the current proposal, with the exception of the reduced front yard setback, 4.5 metres, and the detached garages being permitted to have a common wall with a garage on the adjacent lot. 3.3 Block 32 has approximately 96 metre (314 ft.) frontage on Courtice Road and 33.6 metre (110 ft.) frontage on Sandringham Drive. The Courtice Road frontage is impacted by a 0.3 metre reserve in favour of the Region of Durham. No individual access to Courtice Road is permitted from the parcel. Courtice Road is designated A99n14 REPORT NO.: PD-79-98 PAGE 3 as Type A arterial in both the Durham Region and Clarington Official Plans. The policies of the Clarington Official Plan permits one (1) new access point on Type A arterial roads every 200 metres (656 ft.). In consideration of the 0.3 metre reserve, the access policies and the configuration of Block 32, the application is proposing to have a private driveway access the site from Sandringham Drive. The private driveway is proposed to cross the rear of the 11 townhouse units. 3.4 A public meeting, in accordance with the requirements of the Planning Act, was held for the subject rezoning application on April 6, 1998. Three (3) people spoke at the public meeting and two (2) neighbouring residents contacted staff with concerns on the proposal. 3.5 The landowner to the north, Mr. Reid, expressed concerns pertaining to drainage, privacy, and elimination of vehicle access to his rear yard. Mr. Reid was concerned that drainage from this site would pond in his rear yard. He also wanted to ensure that a 1.8 metre high board fence was erected on the common property line for privacy purposes. Thirdly, he expressed concern that the development and construction of a fence, on the property line, would remove his ability to access his rear yard with his trailer. 3.6 The proposed development will be constructed with a swale along the north property line and catch basins to collect storm water within the driveway. The Public Works Department is satisfied that the proposed site grading plan for the development is appropriate and will not cause flooding on adjacent lands. At the request of Mr. Reid, the applicant has agreed to construct a 1.8 metre high fence along the north property line. 699015 - REPORT NO.: PD-79-98 PAGE 4 3.7 Other residents raised the following issues: • whether the existing transportation network could accommodate the increased traffic; • whether the proposal will have a negative impact on house values; • what fencing would be constructed with the development; • how drainage will be accommodated; and • whether this proposal is consistent with the original criteria of the subdivision. 3.8 The property is on the corner of Sandringham Drive and Courtice Road. Courtice Road is a Type A arterial, which is the highest level of road designation. Sandringham is a collector road and is designed to collect and disperse traffic between the local roads and the arterial roads. No transportation concerns are foreseen. The zoning of this property is currently "R3" which would permit townhouse units to be constructed. The R3 zone would permit the development to proceed as proposed with a 6.0 metre front yard setback and garages having 1.2 metre setback to side yard lot lines, as opposed to the proposed setbacks. The development is considered to be compatible and in keeping with existing neighbouring homes. Fencing, to match existing fences, is proposed along the west and north property line where no privacy fence exists. The issue of drainage as noted in paragraph 3.6 has been addressed to the satisfaction of the Public Works Department. The issue of house values is not a planning issue. However, given that the housing form is similar in kind to neighbouring existing residential development, no impacts on house values are anticipated. 4. EXISTING AND SURROUNDING USES: 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East: Courtice Road and existing commercial plaza, Courtice Corners 699016 - REPORT NO.: PD-79-98 PAGE 5 West: existing residential development South: Sandringham Drive and existing residential development North: one (1) existing house and motor vehicle sales establishment, Roy Nichols Motors. 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan (DROP), the subject property is designated "Living Area". The predominant use of land within this designation shall be for housing purposes. The Transportation Schedule of the Durham Plan, identifies Courtice Road as a Type "A" arterial road. The policies of the Plan allow private access to Type "A" arterials to be generally 200 metres apart in urban areas. 5.2 Within the Clarington Official Plan, the subject lands are designated Urban Residential within the Courtice Urban Area, and are further-defined by a Medium Density symbol. The lands are part of Avondale Neighbourhood (No. 7). The predominant use of land within the Urban Residential designation shall be for housing purposes. The Medium Density symbol permits a net density of 31 to 60 units per ha (uph), and the predominant housing form is to be townhouses, triplex/quadruplex and/or low rise apartments. The Transportation Schedule, of the Clarington Official Plan, also identifies Courtice Road as a Type "A" arterial road. Similar to the policies of the Region of Durham Official Plan, the number of private accesses permitted on a Type "A" arterial road are restricted to one (1) every 200 metres. 5.3 The Official Plan policies are not really an issue with this application. The current zoning of the property is consistent with the policies of both Official Plans, and the rezoning is not attempting to increase density or change the form of development. The application appears to conform. AggA17 REPORT NO.: PD-79-98 PAGE 6 6. ZONING BY-LAW PROVISIONS 6.1 The subject property is currently zoned "Urban Residential Type Three (R3)". Said zoning permits the development of townhouse units based on a minimum lot frontage of 6.0 metres (19.6 ft.) and a minimum lot area of 170 m2 for interior lots and 280 m 2 for exterior lots. The zone further requires a 6.0 metre front yard setback and requires garages which are not attached to the main dwelling to have a 1.2 metre setback to an interior (side) lot line. 6.2 The proposed application requests a modification to the R3 zone to permit a front yard setback of 4.5 metres (14.7 ft.) as opposed to a minimum of 6.0 metres (19.6 ft.) and to permit the construction of garages, which are not attached to the dwelling, to have a 0 metre setback, provided they are attached, by common wall, with a garage on the adjacent property. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from a limited number of departments and agencies. The Clarington Fire Department and Ontario Hydro offered no objection to the application as filed. 7.2 Central Lake Ontario Conservation Authority Staff advised that Block 32 on Plan 40M-1815 was previously reviewed in terms of stormwater management for plan of subdivision 18T-87092. As a result, they have no stormwater management concerns and offered no objection to the rezoning and site plan applications. 7.3 Regional Works advised that the proposed townhouses could be serviced by way of connection to the existing 300 mm diameter sanitary sewer and 300 mm diameter watermain adjacent the site on Courtice Road. They also expressed no objection to the proposal to fill the ditch along Courtice Road and use sub-drains. Filling in the 699018. REPORT NO.: PD-79-98 PAGE 7 ditch would allow access to the paved portion of Courtice Road for garbage pick-up from the individual units. 7.4 The proposal to fill in the existing ditch along Courtice Road and use sub-drains. Filling in the ditch would allow access to the paved portion of Courtice Road for placement of household waste for pick-up at the road side. 7.5 Regional Planning advised that the property is designated "Living Area" in the Durham Region Official Plan which permits the proposed use. The Durham Plan encourages good urban design and compact urban form along arterial roads. 7.6 Clarington Public Works provided detailed comments, which the applicant needed to address prior to site plan approval. One of the most significant issues was the collection of household waste. The weekly collection of household waste in the Municipality requires the placement of waste, in suitable containers, on the road side boulevard directly in front of individual homes. Courtice Road currently has a rural cross section with gravel shoulders and open ditches. Without the benefit of driveways the residents would have no suitable means of crossing the ditch. In the winter and wet months, this could be particularly difficult. This issue has now been addressed with support from Regional Works staff to fill-in the ditch, on Courtice Road, in front of the proposed units. All other issues have been satisfactorily addressed through revised site plan drawings. 8. STAFF COMMENTS 8.1 The proponent has filed a rezoning application to permit the construction of townhouse units with a reduced front yard setback and detached garages with no side yard setback where attached to a garage on an adjoining property. The applicant has also filed application for site plan approval, which will deal with issues of grading and drainage, access, building elevations, snow removal and garbage pick-up, etc. 69919 REPORT NO.: PD-79-98 PAGE 8 8.2 The applicant proposes to market the townhouse units as freehold units. In order to be sold as freehold units, each unit must have individual frontage on Courtice Road, or the development would have to proceed as a Plan of Condominium. Prior to site plan approval, the applicant proposes to have the Region of Durham lift the 0.3 metre reserve on the Courtice Road frontage. The lifting of the 0.3 metre reserve would provide individual frontage, on Courtice Road, to each proposed unit. However, vehicular access to Courtice Road will not be permitted. 8.3 The issues raised at the public meeting by neighbouring landowners are discussed in Section 3 of the report. The applicant appears to have addressed the issues raised, including installation of privacy fences as requested from neighbouring landowners to the west and to the north. The only lighting proposed to be installed in the rear driveway will be attached to the garages. These will be in the form of pot-lights in the roof sofit over the garage door. This location will minimize the potential for light trespass into neighbouring rear yards and maximize the light at the garage door. The lights will be controlled from a switch in each dwelling unit. 8.4 Staff is satisfied that the application for Zoning By-law Amendment, to permit a development with a reduced front yard setback and detached garages constructed with a common wall, is similar in style and compatible with adjacent housing form in terms of scale, massing, and height of the development. The proposal is in keeping with the density of the Official Plan, and the building form is suitable for the site. The proposal satisfies the zoning requirements in terms of parking provided and will be adequately landscaped. The development is not expected to have a negative impact on local road network. 9. CONCLUSION 9.1 In consideration of the comments contained above, staff recommend approval of 699020 . REPORT NO.: PD-79-98 PAGE 9 the proposed Zoning By-law Amendment, as contained in Attachment No. 3 to permit townhouse units with a 4.5 metre front yard setback and detached garages built with a common wall to a garage on an adjacent lot. Site plan approval is expected to be completed shortly, therefore, a Holding (H) provision is not deemed to be necessary. Respectfully submitted, Reviewed by, 3k "O-Q , k--)"� 40B_� — Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP *FW*df 8 June 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Site Plan Attachment No. 3 - Proposed Zoning By-law Interested parties to be notified of Council and Committee's decision: D.G. Biddle & Associates Limited Mr. Al Gallagher 96 King Street East 11 Short Court OSHAWA, Ontario COURTICE, Ontario L1 H 1136 L1 E 2Z5 ' Att: Bill Creamer Mr. David Reader 290572 Ontario Limited 3 Short Crescent 58 Rossland Road OSHAWA, Ontario OSHAWA, Ontario L1 E 2Z5 L1 G 2V5 Mr. F. Reid Ms. Marg Walnik 2670 Courtice Road 71 Short Court COURTICE, Ontario COURTICE, Ontario L1 E 2M7 L 1 E 2Z6 Mr. Paul Wylie 19 Short Court COURTICE, Ontario L1 E 2Z5 699021 SUBJECT SITE LOT 30 LOT 29 LOT 28 11,11111111111 [ NASH ROAD � y lG wq Y2 N O z 0 U) J W `t U w z �-- O w U P�� U P � 0 um U S N COURTICE DEV. 98-011 KEY MAP ATTACHMENT NO. 1 699022 - ON W O N 6 I I I I ► ► ► ► I � - S ORT CRES ENT 6 I + + _BL'r 23 1 II ► ► I I I I I I I .♦ � I 4 I I I • 1� ,rte' y!' I 3 I BLK 25 BL I 24 BLK I xs•.1•mc I PLAN 40M-18�5 I I I I I Y 1 ♦ ' ��'I 1 e I s Yrl •la•IS•w•r 16 Ct 2 � /// %% /i �., / i ..�.q::�ii i•/. :%;`.' f//�/i: // "in iss:lzo � I � w¢ / i ♦' ♦' / I / 1 I 1 SITE COVERACE i IM iaz.sn jjjjjjl111yyyyyy 'y ♦1{! f t i [ f L •� f ! ! E t ♦ t g 1 USE utEa+•z+ z I C IM IR•ra i _ I $ I II 1 ATE. I S2 6uuniNCS e96.5 2s.2 i �♦ i I OR I TEIATS 655.6 25.0 • I11 ♦ I / ' �' ri.ii {' t.10 ♦ I r Y 1.96 1►1 ► LANbSCAr ING 1665-T n b�6 r R'1 p I I • 11 y+` YK FTC IN.00 `•'q �1 •� f IXISf ndRF TOT/ SITE 3117.8 100.0 VK FTC 10 31.06 1 ,•S• II - j ,♦ Mw 1 3 � ♦ I I I — T w w t f . .t J ' t --.�_r �. N ♦^,�I ( � COURT I CE CROSSINGS .\.' .. 290572 ONTARIO LIMITED io w 'v —_—`� BLK 35 ♦�♦II —� —— i`♦ i -- — _ BLOCK 32 REG•PLAN 1815 l i V,.;-w:m 42AJ LL i- '�='o.w.R[sw+tJ.1J�11.1...r_ \l -•� - -� �1FTm K Ml- ,,p,, \\ — MUNICIPALITY OF CLAR I NGTON \ STREET TOWNHOUSE DEVELOPMENT SITE PLAN \\�, 60.ti1lrN&AwMYM•IJFwIMFI . � t ••w•u l•l w j•w�l w• • — — — — = MS a.i S� ' COURT/CE ROAD RE6 I ONAL ROAD 34 MR• Y61 tl!F THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend Comprehensive Zoning By-law 84-63 of the former Corporation of the Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Corporation of the Town of Newcastle to permit the development of townhouse units with a reduced front yard setback and detached garages with common walls(DEV 98-011). NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto, the following new Special Exception 14.6.19 as follows: "14.6.19 URBAN RESIDENTIAL EXCEPTION (R3-19)ZONE Notwithstanding the provisions of Section 14.3 and 14.4, those lands zoned (R3-19) on the schedules to this By-law shall be subject to the following zone regulations: a) Front Yard (minimum) 4.5 metres b) Special Building Regulations Notwithstanding 3.1 (f), a detached private garage may have a side yard setback of nil, where the detached private garage has a common wall with another detached private garage on an adjacent lot located in the same zone category." 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from "Urban Residential Type Three (R3)" to "Urban Residential Exception (R3-19)"as illustrated on the attached Schedule"A"hereto. 3. Schedule "A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK This is Schedule "A" to By-law 98- , passed this day of , 1 998 A.D. N72'00'00"E 36.63 3 3 0 n J -0 `L Q �. 0 (If 60 bo G�� 3 0 V O N N N� G N 0 Of GOB z o M NN N� 2 33.61 N71'41'20"E SANDRINGHAM DRIVE ® ZONING CHANGE FROM "R3" TO " R3- 19" 0 25m Mayor 25m 20 15 10 5 0 Clerk LOT 30 LOT 29 LOT 28 NASH ROAD cv 0 O o W U U P �1J111111LLU D N COURTICE �',�° DN: PD-80.98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date. Monday,June 22, 1998 Res. # Report #: PD-80-98 File #: 18T-89023 By-law # Subject: 757001 ONTARIO LIMITED TIMBERLANE COURT EXTENSION SUBDIVISION 40M-1785 CERTIFICATE OF RELEASE FILE: 18T-89023 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-80-98 be received; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the-Municipality and 757001 Ontario Limited, the Municipality has no objections to the issuance of the "Certificate of Release"; 3. THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the Municipality of Clarington, the "Certificate of Release"; and 4. THAT 757001 Ontario Limited be informed of Council's decision. 1. BACKGROUND 1.1 The Municipality entered into a Subdivision Agreement, registered on title May 13, 1994 with 757001 Ontario Limited to develop the lands by plan of subdivision described as Plan 40M-1785. 1.2 Paragraph 5.26 within the Agreement, entitled "Requirements for Certificate of Release" states that the Municipality agrees to provide the Owner with a written release from the Agreement, for the said lands, in a form suitable for registration in the Registry for the Land Titles Office at such time that the following items have been confirmed. .699n26 REPORT NO.: PD-80.98 PAGE 2 (1) The Certificate of Acceptance has been issued for all of the Works; (2) A registered Ontario Land Surveyor, approved by the Municipality, has provided the Municipality with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner rounding, and all points of change in direction of roads on the Plan; and, (3) The Municipal Council has, by resolution, declared that the Owner is not in default of any of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided therein and the Owner's acceptance of the conditions for applying for municipal building permits as provided therein. 1.3 Staff would note that within the Subdivision Agreement, Paragraph 3.13(3) confirms that the Owner shall reimburse the Municipality for all reasonable legal expenses incurred for the preparation and registration of this Agreement, as well as the legal services contemplated by the terms of the Agreement, including the preparation of any release. 2. STAFF COMMENTS 2.1 Staff would confirm that the first two requirements, being the issuance of the "Certificate of Acceptance" and the Municipality's receipt of an Ontario Land Surveyor's confirmation, have been completed. 2.2 Council, at their June 1, 1998 meeting, endorsed Staff Report WD-29-98 and authorized the issuance of a Certificate of Acceptance. The Certificate of Acceptance was issued by the Public Works Department on June 5, 1998. 699027 REPORT NO.: PD-80-98 PAGE 3 2.3 In addition to the Municipality's receipt of the Ontario Land Surveyor's Certificate for the Plan, the Public Works Department advises that the requirements of the Subdivision Agreement have been completed to the satisfaction of the Director of Public Works. 2.4 In consideration of the above, Staff has prepared the necessary Certificate of Release, save and except the Owner's responsibility for drainage as provided within the Agreement and the Owner's acceptance of the conditions for applying for municipal building permits. 3. RECOMMENDATIONS 3.1 In consideration of the above, Staff would have no objections to the issuance of the Certificate of Release for Plan 40M-1785. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer LT*FW*jip June 10, 1998 Attachment#1 - Key Map Attachment#2 - By-law Attachment#3 - Release Agreement Interested parties to be notified of Council and Committee's decision: 757001 Ontario Ltd. 90 Simcoe Street North Oshawa, Ontario L1G 3S4 A99n ? R- Pebblestone Road � o o U Q= � m a� c 0 0 o = H � E H TIMBERLANE COURT EXTENSION 4OM--1785 i I 1 i . 1 "",V Pebblestone Road suBJ,�� T g i S/Tg, I o o 2 o � - COURT KEY MAP ATTACHMENT NO. 1 i � ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to authorize the Release of an Agreement with 757001 Ontario Limited and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 40M-1785. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington,and seal with the Corporation's seal,an Agreement between 757001 Ontario Limited and the said Corporation. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK RELEASE ATTACHMENT 3 THIS INDENTURE made(in triplicate)this day of 1998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the"Corporation" OF THE FIRST PART -and- 757001 ONTARIO LIMITED hereinafter called the"Owner" OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation registered in the Registry Office for the Land Titles Division of Newcastle (No. 10) on the 13th day of May 1994,as Instrument No. LT679004 which Subdivision Agreement affects the lands more particularly described in Schedule"A"attached hereto; AND WHEREAS the Owner has satisfied all the terms and conditions contained in the said Subdivision Agreement with respect to the property described in Schedule"A"; AND WHEREAS the Corporation has agreement to release the Owner from the above referred to Subdivision Agreement as same affects the lands described in Schedule "A" attached hereto; NOW THEREFORE in consideration of the sum of TWO ($2.00) dollars now paid by the Owner to the Corporation, the receipt of which is hereby acknowledged the Corporation does hereby release and forever discharge the Owner, their successors and assigns, all of the property described in Schedule "A" attached hereto from the burden of the hereinbefore recited Subdivision Agreement as set out in Instrument No. LT679004, with the exception of the Owner's responsibility for drainage as provided therein and the Owner's acceptance of the conditions for applying for building permits as provided therein. IN WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal duly attested to by the signatures of its proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MAYOR CLERK 400n.z i DESCRIPTION SCHEDULE"A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario,and being composed of Parcels Plan 40M-1785 i nnn-7 DN: PD-81-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1998 Res. # Report#: PD-81-98 FILE #: 1 OM-793 By-law# Subject: REQUEST FOR RELEASE OF SECURITY DEPOSIT REGISTERED PLAN OF SUBDIVISION 10M-793 APPLICANT: ROSSERT TAUNUS CONSTRUCTION LTD. PART LOT 15, CONC. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 10M-793 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-81-98 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 Mr. Michael Schuster, appeared as a delegation before Council at their March 30`h, 1998 meeting with respect to Plan of Subdivision 10M-793 located between Old Scugog Road and Regional Road 57, north of Gauds Gate. Mr. Schuster requested the return of his occupancy security deposit. He indicated that in August 1987, Rossert Taunus entered into a subdivision .agreement with the then Corporation of the Town of Newcastle. Mr. Schuster indicated that only one of the original eleven (11) properties has not been built on to date. The last remaining (vacant) property (Lot #1) was sold in 1993. 1.2 Mr. Schuster submitted a schedule (Attachment #1) which formed part of the offer of purchase and sale for Lot 1 signed by the vendors stating that they agreed to submit a security deposit of $1,500.00 which would serve as the occupancy deposit for this Loon77 i REPORT NO.: PD-81-98 PAGE 2 lot. Mr. Schuster proposed to sign the security deposit over to the Municipality, or alternatively agreed to collect the deposit from the vendors when they are ready to build and have the $1,500.00 excluded from the return of the $10,000.00 occupancy deposit that the Municipality presently holds. He also asked for the return of all interest accrued on the $10,000.00 since April of 1992. Furthermore, he requested the return of the interest on his "cashed" works cost estimate performance guarantee of approximately $11,000.00. 1.3 In consideration of Mr. Schuster's delegation, Council endorsed the following resolution: "THAT the delegation of Michael Schuster be received and referred to staff for review and preparation of a report; and, THAT Michael Schuster be advised of Council's decision." 2. STAFF COMMENTS 2.1 Occupancy Deposit Guarantee 2.1.1 As Mr. Schuster confirmed, a Subdivision Agreement between the Corporation of the Town of Newcastle and Rossert Taunus Construction Ltd. was entered into on August 18`h, 1987. This Agreement permitted the development of eleven (11) lots covered by draft Plan of Subdivision 18T-86047. 2.1.2 Prior to the issuance of any building permits within the plan, the Developer was responsible for submitting to the Municipality an Occupancy Deposit in the amount of ten thousand ($10,000.00) dollars. The occupancy deposit is returned to the Developer when the following items have been completed for all the dwellings within the limits of the draft plan: i) all roads have been constructed to the satisfaction of the Municipality; ii) all storm drainage system, as required, have been connected to the building; iii) all the utilities have been connected to the building; 4 Q Q n � � REPORT NO.: PD-81-98 PAGE 3 iv) water supply and sewage system have been connected to the building V) the building has received all building and plumbing inspections; and vi) the Owners Engineer have provided the Director of Public Works written confirmation that the lot conforms to the grading and drainage plan for the subdivision. 2.1.3 Until all dwelling units within the draft plan have been built and satisfied the six (6) items listed above, the occupancy deposit is held by the Municipality. 2.1.4 Mr. Schuster and his solicitor have been advised on two occasions that the original occupancy deposit could be replaced with another should the Owner (Rossert Taunus) wish to substitute his with that of a builder or subsequent Owner. At no time prior to Mr. Schuster's presentation to Council was staff approached with the option of reducing the existing occupancy deposit down to fifteen hundred ($1,500.00) dollars. Nevertheless, in discussing the matter with the Public Works Department, staff would have no objections to reducing the currently held occupancy deposit down to one thousand five hundred ($1,500.00) dollars for lot number one. 2.1.5 It is noted for the Committee's information that as the Municipality was not a party to the offer of purchase and sale of Lot 1, Mr. Schuster's offer to "sign over" the Schedule "A" occupancy guarantee is neither enforceable nor acceptable. The . Municipality's level of comfort is the terms and provisions of the Subdivision Agreement and the occupancy deposit it requires. 2.2 Work Cost Estimate performance Guarantee 2.2.1 Prior to the issuance of an Authorization to Commence Works in 1987, Rossert Taunus Construction Ltd. provided security deposits ($67,000.00) in the form of Term Deposits for the Works Cost Estimate as contained in Schedule "J" and "G" of 4aon--zF, REPORT NO.: PD-81-98 PAGE 4 the Subdivision Agreement. It is the Municipality's normal practice throughout the development of any Plan of Subdivision to permit a reduction in the Works Cost Estimate securities if the "Works" have been completed to the satisfaction of the Director of Public Works. 2.2.2 In November of 1993, the remainder of the Term Deposit ($8,243.84) was drawn down by the Municipality to pay several outstanding invoices for snow clearing, legal fees as well as an outstanding Bell Canada claim for damages. The remainder of the Term Deposit that was not used ($2,265.50) was returned to Rossert Taunus in October 1995 when all actions were finalized. The Municipality no longer holds any security deposits for the completion of any of the Works within the limits of this draft plan. 2.2.3 The Treasury Department has confirmed that pursuant to Municipal practices, any interest that has accumulated during the time the Municipality held the Occupancy and Works Cost Estimate term deposit securities will be verified and returned to the Owner. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Dire r Planning & Development Chief Administrative Officer. an e- Marano, H.BSc., A.M.C.T., Treasuer LT*FW*df 11 June 1998 Attachment No.1: Schedule "A" for Lot No. 1 Interested parties to be notified of Council and Committee's decision: Rossert Taunus Construction 5 Taunus Court BOWMANVILLE, Ontario L1C 4H5 ATTACHMENT 1 1 SCHEDULE 'A' ° ATTACHED TO and forming a part of this Agreement. VENDOR: ROSSERTTAUNUS CONSTRUCTION LTD. PURCHASER: STEVEN GRAFFI AND FLORENCE GRAM DATE: 7/q 3 VENDORS AND PURCHASERS ACKNOWLEDGE AND AGREE: 1. The minimum building requirement for this lot Is 2,000 square feet. 2. 'Toten to ProWe to the Vendors Solickor on closing a Sakti y it of ONE THOUSAND FIVE HUNDRED($1,6M.00)DOLLARS, to be returned to the Purchaser upon final approval by the Vendor and the Town of Newcastle of the Purchaser's final building elimfion, landscaping and grading. 3. The dwelling shall not have wood siding and there shall be no mix of brick and vinyl skiing. 4. No two buildings within 500 metres shall Wk alike. a 7 � s' Purch er Date Purchaser Date <7 3 Rossert Taunus Constru.ton L pad , 4 QQnZ7 DN: PD-82-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 22, 1997 Res. # Report#: PD-82-98 FILE #: DEV 98-023 By-law # Subject: REZONING APPLICATION QUARRY LAKES GOLF & RECREATION CENTRE INC. PART LOTS 13 AND 14, CONC. 3, FORMER TWP. OF DARLINGTON 3705 REGIONAL ROAD 57, SOUTH OF CONCESSION ROAD 4 FILE NO.: DEV 98-023 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-82-98 be received ; 2. THAT the rezoning application submitted by G.M. Sernas & Associates Ltd. on behalf of Quarry Lakes Golf and Recreation Centre Inc. be APPROVED as contained in Attachment No. 3; 3. THAT a copy of this report:and the amending By-law be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Quarry Lakes golf and Recreation Centre Inc. 1.2 Zoning By-law Amendment Application: To permit the development of an 18-hole, par-3 golf course in addition to the driving range and miniature golf. 1.3 Site Area: 30.64 ha (75.67 acres) � oon70 ii , I REPORT NO.: PD-82-98 PAGE 2 2. LOCATON 2.1 The subject property has frontage on Regional Road no. 57 and Middle Road, between Concession Road 3 and Concession Road 4. The property is further described as being located in part Lots 13 and 14, Concession 3, former Township of Darlington, and is municipally known as 3705 Regional Road 57 (see Attachment No. 1). i I 3. BACKGROUND 3.1 The subject rezoning application was received April 2, 1998, together with application for site plan approval. Through approval of the two applications the i applicant proposes to develop an 18-hole, par-3 golf course on the referenced lands. The proponents had previously received zoning and site plan approval in I February 1998 to permit a driving range and miniature golf facility on the subject lands. 3.2 The golf course proposal, unlike the driving range and miniature golf proposal, was subject to an Official Plan Amendment, which Council considered and approved i June 1, 1998. The Region of Durham Planning Department, acting as the Minister, is currently processing final approval for the Official Plan Amendment. 3.3 In accordance with policies of the Clarington Official Plan, an Environmental Impact Study (EIS) was undertaken prior to approval of either the rezoning or Official Plan Amendment. The EIS was completed in two phases, and considered the impact of development on the natural features identified on Map C of the Clarington Official Plan, namely two tableland woodlots and the Lake Iroquois Beach. At the conclusion of Phase I, it was determined that the driving range and miniature golf component could proceed, subject to conditions, without negative impact on the natural features identified on Map C. Phase II of the study was concluded in April 1998, and the study findings were presented to the General 699n � 9 REPORT NO.: PD-82-98 PAGE 3 Purpose and Administration Committee in May 1998, together with a favourable recommendation on the application for an Official Plan Amendment. 3.4 The public meeting for the rezoning application was held May 25, 1998. The applicant was the only one to speak at the meeting. However, he also read a letter from a neighbouring landowner in support of the application. 4. EXISTING AND SURROUNDING USES 4.1 The existing site is currently developed as a driving range and miniature golf facility and is characterized by woodlots along the northern boundary and southwest corner, as well as a pond in the northeast portion of the site. 4.2 Surrounding Land Uses: South - existing residence East - existing residences and Bowmanville Golf and Country Club. North - vacant agricultural land West - estate residential along Old Scugog Road 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated Major Open Space. The predominant use of land within this designation shall be for conservation, recreation, reforestation and agriculture and farm-related uses. The establishment of a golf course in this designation requires an amendment to either the Regional Plan or local Official Plan and be subject to certain policies. 5.2 Within the Clarington Official Plan the subject lands are designated Green Space on Map A. Lands within the Green Space designation shall primarily be used for conservation and active or passive recreational uses. Golf courses are permitted to 4QQnA-n REPORT NO.: PD-82-98 PAGE 4 develop by amendment to the Plan. Amendment No. 6 to the Clarington Plan was approved by Council June 1, 1998 to permit the 18-hole, par-3 golf course. 5.3 Map C identifies the approximate location of known natural features and land characteristics. Section 4.3.8 states "An Environmental Impact Study shall be undertaken for development applications located within or adjacent to any natural features identified on Map C". The subject lands are traversed by tableland woodlots to the north and southeast corner, and located within the Lake Iroquois Beach. An EIS, in accordance with Section 4.3.8 and the Council approved guidelines, was completed. The application appears to conform. 6. AGENCY COMMENTS 6,1 , The application was circulated to a limited number of agencies for comment. The Fire Department advised they have no objection to the rezoning application. 6.2 Central Lake Ontario Conservation Authority staff were members of the Steering Committee for the EIS . They have advised that they have no objection in principle with the proposed rezoning application and request the recommendations contained in the EIS be included in the site plan agreement executed between the Municipality and Quarry Lakes. 6.3 The Clarington Public Works Department advised they have no objection to the principle of the proposed development. However, they required the applicant's engineer demonstrate that the concentrated storm flows originating from the proposed small pond near the southern boundary of the site not adversely affect the adjacent property to the south. 699041 REPORT NO.: PD-82-98 PAGE 5 6.4 Regional Planning provided a co-ordinated response on behalf of the Regional Works, Regional Health and themselves as follows: i) Planning The lands are designated "Major Open Space" in the Durham Region Official Plan. Golf courses are permitted in this designation by amendment to the Durham Plan or area municipal Official Plan, subject to certain provisions such as protection of environmental features and compliance with Regional private servicing standards. An amendment to the local Official Plan has been approved by the Clarington Council, but is not final and binding. Any zoning amendment approved cannot come into effect until the OPA has been approved by the Region. i i) Regional Health Municipal services are not presently available to the subject property. Private well and private waste disposal are the only feasible method of servicing the site. The site conditions are suitable for private sewage disposal, and a certificate of approval for a septic system was issued January 301 1998. No objection to the present proposal. iii) Regional Works The property fronts on Regional Road 57, a Type A arterial, therefore a road widening is to be dedicated. In addition, further review of the site plan details will be reviewed through the site plan approval. 7. STAFF COMMENTS 7.1 The development site has been subject to an Environmental Impact Study undertaken by the Municipality's consultant at the applicant's expense. Council has considered and approved an Official Plan Amendment to permit the development of an 18-hole, par-3 golf course. The current application, if approved, would i n n n n REPORT NO.: PD-82-98 PAGE 6 rezone the property to permit the proposed golf course. Should the zoning amendment be approved by Council prior to the Official Plan being finalized, it could not come into effect until the Official Plan Amendment is approved by the Region. 7.2 The issues of land use compatibility, conformity with Provincial Policy Statement and Official Plan policies was considered through the Official Plan Amendment, and the principle of the proposed golf course was considered acceptable. 7.3 The Environmental Impact Study provided a detailed review of the impact of the proposed development on the natural environment. The study concludes that the proposed development will have no measurable environmental impact and is consistent with the Municipality's goal to protect, manage and enhance the natural environment. Furthermore, the report provides various recommendation to minimize any possible impacts on the natural features. These recommendations will be included in the Site Plan Agreement. 7.4 Staff walked the site, with the applicant to discuss design and zoning issues associated with various holes. As a result of the site visit, the applicant agreed to maintain a minimum 7.5 m setback from the tee-off areas of holes 12 and 13 to the adjacent property line, and plant a double row of cedars along the property line in this location. These two holes were of particular concern, due to the proximity of the neighbouring house to the common property line. 7.5 In addition, prior to site plan approval, the applicant's engineer must satisfy Public Works staff with regard to flows from the proposed pond near the southern boundary of the property. 699043 REPORT NO.: PD-82-98 PAGE 7 8. CONCLUSION 8.1 In consideration of the comments contained within this report, the Planning and Development Department recommend approval for the rezoning application to permit the development of a golf course, as contained in Attachment No. 3. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. CP*FW*df June 12, 1998 Attachment No. 1 - Key Map Attachment No. 2 - Site Plan Attachment No. 3 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Quarry Lakes Golf & Recreation Centre In. 3704 Regional Road 57 BOWMANVI LLE, Ontario L1C 3K2 G.M. Sernas & Associates 110 Scotia Court Unit 41, WHITBY, Ontario L1 N 8Y7 Terri Cochrane 3770 Middle Road BOWMANVILLE, Ontario L1C 3K2 699044 - ATTACHMENT NO. 1 SUBJECT SITE LOT 15 LOT 14 LOT 13 LOT 12 CONCES 'ION RD. 4 o z 0 Li J (11 W U Z O U a i i N ` SH ROAD CO CESSION R D. N DARLINGTON p EV. 98_023 KEY MAP n n n A r l l • �� 1111ir1�' � A I �� Y•, •• �J n, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT NO. 3 BY-LAW NUMBER 98- being a By-law to amend the Comprehensive Zoning By-law 84-63 of 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 former Town of Newcastle for DEV 98-023; AND WHEREAS, said By-law is passed pursuant to Section 24(2) of the Planning Act, whereby said By-law would not come into effect until such time the appropriate Official Plan Amendment has received Ministerial approval; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.58 AGRICULTURAL EXCEPTION (A-58) ZONE is hereby by amended by adding the following: a) Permitted Uses iii) Golf Course 2. Schedule "1"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Extractive Industrial (M3)" to "Agricultural Exception (A- 58)", as illustrated on the attached Schedule"A" hereto. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24(2) and 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 699047 This is Schedule "A" to By—law 98— , passed this day of , 1998 A.D. LOT 14 LOT 13 N73.51'00"E 795.757 r` M 0 J6 4 3 N3: !C) °o /N18'4 WE rn N / 6.440006 0 r- 82. p /N7 1'20'E ry Z 0 z 0 N70'36'00"E 402.763 0 0)0 400F 00 Q 3} N:::: :::: . :::::':::..... M pZ J V�):::: :00 :: : � W Z U 0 Z M.....:........:...:::. _ W � Mo � O z M0o �60 84.734 308.336 N7 1'28'40"E N71'01'00"E ® ZONING CHANGE FROM " M3" TO "A-58" ZONING TO REMAIN "A-58" 0 50 100 200m loom 50 0 Mayor Clerk LOT 15 LOT 14 LOT 13 LOT 12 I CONCES ION RD. 4 I - I I I 0 0 o z 1Y O Ld l v z O U � 4 N I I DARLINGTON R Co CE ISS ON RDi--� � oonAo THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: June 22, 1998 Res. # Report #: CD-30-98 By-law # Subject: HUNTING ACTIVITIES IN THE MUNICIPALITY— OUR FILE: D05.GE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-30-98 be received; 2. THAT the firearms by-law for the Municipality of Clarington remain unchanged; 3. THAT the Ministry of Natural Resources, the Ontario Federation of Anglers and Hunters and the Durham Regional Police be requested to increase enforcement activities in the area of the Kendal Crown Lands and the rural areas of the municipality for the purpose of controlling unlawful hunters; and 4. THAT the individuals listed in Report CD-30-98 be advised of Council's decision and forwarded a copy of Report CD-30-98. BACKGROUND AND COMMENT At the Council meeting of April 27, 1998,delegations were received from Richard Stephenson and Eric Atkins regarding hunting activities in the municipality. These individuals stated that they do not feel safe on their own properties because of the number of trespassing hunters. During the delegations, they requested that Council ban all hunting in Clarington south of the 8t'Concession and that north of the 8t' Concession only the use of shotguns be permitted. It was stated that this would parallel Oshawa and Whitby's hunting boundaries. Since these delegations were received,several items of correspondence have been received from area residents in support of the ban. Also a petition against the ban was delivered on June 11. These items of correspondence are attached hereto as Attachment No. 1. Telephone calls have also been received, both from individuals in support of and in opposition to the ban. 701 Report CD-30-98 -2- June 22, 1998 Review of Other Municipalities In order to determine the extent of"no hunting" areas in neighbouring municipalities, by-laws from the City of Oshawa, the Town of Whitby, the Town of Ajax, the Town of Pickering and the Township of Hope have been reviewed. The following are the findings: MUNICIPALITY HUNTING BAN EXCEPTIONS Oshawa South of Winchester Road An Officer in the official execution (Parallel to 8t'Concession of of his/her duties, a firing range, a Clarke) and Hamlets of Raglan hunter issued a valid hunting and Columbus license within those areas not covered in the ban, a farmer protecting his crops or livestock from predatory animals Whitby South of Winchester Farmer upon his farm lands for Road/Highway 7 and Hamlets of protecting his crops or livestock, Brooklin,Ashburn and Myrtle police officer or animal control officer during performance of their duties, shooting competition Ajax Entire municipality Farmer upon his farm lands, police officer or animal control officer during performance of their duties, shooting competition Pickering Parallel to Concession Road 6 of Landowners controlling pests Clarke, through the area of upon his land (no greater calibre Whitevale; north from Highway 7 than .275), hunter(no greater to town boundary, from western calibre than .275)with boundary of the town, easterly to landowner's consent within those Brock Road; Hamlet of areas not covered in the ban, Greenwood; residential pocket shooting competition north of Greenwood Hope Entire municipality Farmer (no greater calibre than a 22), hunters upon a farmers lands with consent, shooting competition Clarington On or within 100 metres of any An Officer in the official execution residentially zoned land, 50 of his/her duties, a firing range, a metres of any roadway where hunter issued a valid hunting shot will intersect or run parallel license within those areas not to the road, 300 metres of the covered in the ban, a farmer high water mark protecting his crops or livestock from predatory animals 702 Report CD-30-98 -3- June 22, 1998 It should be noted that when the Township of Hope was contacted to receive a copy of their by-law, the Clerk commented that the by-law was old and ineffective. In fact, they are looking at the Municipality of Clarington's by-law as a model upon which to base a new by-law on. Agency Comments In reviewing this matter, Glenn Price of the Ministry of Natural Resources was contacted who indicated that no complaints were received by the Ministry during the controlled pheasant hunt in 1997. Outside of the controlled hunt, some complaints were received, however, these complaints are always called in days and, in some cases, weeks after the occurrence. In accordance with the Games and Fish Act, conservation officers must lay charges at the time of the occurrence. However, upon investigations,officers have found no evidence of illegal hunting, ie,spent shells on private property. All of the hunters using the Kendal Crown lands are advised that there is no hunting on these lands outside of the controlled hunt times. Mr. Price indicated that many landscapes similar to Clarington exist in Southern Ontario where hunting is conducted without problems arising. Norm Jung, Ontario Federation of Anglers and Hunters also confirmed that no complaints were received during the 1997 pheasant hunt. All rules that were put in place in 1996(Attachment No. 2)were followed and he is of the opinion that the hunt was better in 1997 than in previous years. For 1998, the same rules are in place and additional upgrades are being made to the property, ie, installation of toilets, planting of flowers on the property and grading of the road. Plans are also underway to hold a celebrity hunt and barbeque. Protection of Livestock The Ministry of Natural Resources,the Federation of Anglers and Hunters and the municipality's livestock valuers have raised concern over the ability of farmers to protect their livestock should a ban be placed on hunting. In 1997,the Municipality paid compensation to farmers losing livestock to coyotes totalling $82,719, of which only$3,100 was for damage occurring north of Concession 8. To date in 1998, $16,155 total compensation has been paid, with$4,500 of that amount from locations north of Concession B. A ban on hunting would see dramatic increases in the coyote population, resulting in larger numbers of livestock losses being experienced by local farmers. Goose Hunt From September 25 to approximately mid-October of each year,the annual goose hunt is held. During discussion with the Federation of Anglers and Hunters, concern was raised that should the hunting be banned, the Municipality of Clarington may experience the same problems that other Lakeshore municipalities do with an explosion in the goose population. Enforcement As stated earlier,the Ministry of Natural Resources are only able to lay charges under the Games and Fish Act at the time of an occurrence. This has caused some difficulty in the past as complaints are received after the fact, 7 n Report CD-30-98 -4- June 22, 1998 In the early 1990s, the Municipality experienced difficulty with hunters in the south Courtice area. Upon speaking to the Durham Regional Police and advising them of our concerns, they stepped up patrols and enforcement in this area and very quickly put an end to the problem. Staff Sgt. Ted Dionne has been consulted with respect to the recent concerns of citizens in Kendal. He has indicated that the Police Department will increase patrols and enforcement in that area. He will be visiting with residents to hear their specific concerns and advise them of the increased police activities. Recommendations With the assurances of the Ministry of Natural Resource and the Federation of Anglers and Hunters that the rules for the Kendal Crown Lands are to be actively enforced in 1998 and the promised assistance of the Police Department to increase patrols in the area, it is staffs recommendation that a hunting ban not be put in place for 1998. Following the hunting season, staff will report back to Council on the results of the combined efforts of the Ministry of Natural Resources, the Federation of Anglers and Hunters and the Police Department. l pectfully s bmitted Reviewed by P Patti L. a 'e M.C.T. W.H. Stockwell Cle Chief Administrative Officer Enc Individuals to be advised of Council's decision: Eric Atkins Richard Stephenson R.R.#1 R.R.#1 4334 Concession Road 6 4346 Concession Road 6 Kendal, Ontario Kendal, Ontario L1A 1EO L1A 1EO Delbert Grills Linda Lavender 3054 Tooleys Road 4674 Concession Road 5 Courtice, Ontario Newtonville, OntaRIO L1 E 2K8 LOA 1 JO 704 Report CD-30-98 -5- June 22, 1998 Glenn Price Norm Jung Area Supervisor, Durham Area Ontario Federation of Anglers and Hunters Ministry of Natural Resources 1115 Oshawa Boulevard North 50 Bloomington Road West Oshawa, Ontario Aurora, Ontario L1 G 5W2 L4G 3G8 Les Bergman Jerry Hale 3757 Concession Road 3 4349 Concession Road 4 Newcastle, Ontario Newtonville, Ontario LOA 1 HO LOA 1 JO Sandra Atkins Staff Sgt.Ted Dionne 4334 Concession Road 6 Durham Regional Police Department Kendal, Ontario 77 Centre Street North LOA 1 EO Oshawa, Ontario L1C 4B7 Florence McKenzie R.R.#1 Stephen Wood Kendal, Ontario Reesha Browning LOA 1 EO Box 416 Orono, Ontario C.I. Pagniello LOB 1M0 3686 Concession Road 4 Orono, Ontario Dorothy Vogel LOB 1 M0 3800 Moffat Road Orono, Ontario Norm Jurchison LOB 1 MO 3851 Concession Road 4 Orono, Ontario Grant Slater LOB 1 MO Hidden Acres Farm 3660 Concession Road 4 Orono, Ontario LOB 1 MO 705 Attachment No. 1 4334 Concession G Kcndal,Ontario LOA I E0 (905)983-6 121 satkins1u;trcntu.ca MAY 2 0 1998 MUWGIPALITY OF G1.ARINGTON May 18, 1998 MAYOR'S OFFICE hL: Hunting in Clarington Dear Mayor I Iamre, I have lived in Clarington since 1975 (then Clarice Township) and have continued to maintain close ties to any parents' property when away pursuing illy education. I am concerned about the unlawful trespass of hunters on our family property as well as the hunting incidents that occur around 1ne in Clarington. Bach autumn, my father is forced to patrol our property in order to keep trespassers away. If this is not done, hunters follow a path to and from the sixth concession, strolling right past our douse. Often they do not unload their firoarms until they reach the road. In 1994, 1 witr.essc�d two Conservation Officers escorting two hunters along this path and across our front lawn. I learned later that the two officers had been shot. This hind of activity inakes ine feel very unsafe.when I am at my parents' home. As the future inheritor of this property, I :ill 1101 only concerned about illy parents safety but also the activities that are going on in ;ind around the property. As vxll <ais our home, our property has been a research site for illy work in anthropoloov. The study of faunal remains in respect to carnivorous and seasonal effects is integral to illy graduate resct,rch. Due to the trespassing hunters, I ant finding it increasingly difficult to safely monitor and track the carnivorous activity oil the property.«hich in turn, makes it difficult to guarantee that illy research is not tampered with (by humans trespassing and tlloving the control sample, adding new bones by killing animals on the property, etc...). It is not safe in our backyard during hunting season, the same seasons when monitoring illy faunal ,:uitla( i, most important arld since it is on our property, I should not be troubled with the it: cgril- of my sample. I do not feel that l should have to abandon my interests and find a I."%, :0.'a.li011 to conduct this research due to the uninvited traffic (low. I am increasingly concern;; as the Clew academic year and hunting season approaches. Trespassing hunters are - nlor: th-in a danger and all inconvetlience to 111e; they have the potential to interfere with my arade uric research. While I believe that those that farm agricultural land must be able- to t. ail; t:;:ir ri`;ht to defend their property a11.1 livestock, I do not ((link that their right to h;:rsuc a 171velihood sh(,,uld infrioge on 1111 especially on illy own property. 7n Alt) Mayor Maitre MAY 2 0 1998 Page 2 May 18, 1993 ;SWiNiGiPALITY OF CLARINGTON MAYOR'S OFFICE The Clarington Game Commission is supposed to be on duty in the Kendal Crown Land from 8 AM to 5 PM during the hunting season. Last season, there Nvas firearm activity well before. 8 AM. and Nvell alter 5 PM. Unlortunatcly, since those responsible for policing the area are not available. until 8 ANI, there is no one to alert awl those hunters that violate the rules are long gone before 8 AM. This is anything but a controlled hunt. The lack of effective policing in our area has also allowed coyote hunters to trespass onto land when'e hunting is not permitted and harass the landowners. This past winter, when driving tip behind a limiter near our home, lie purposely slowed do,,vri, blocking me from entering my oltqi driveway for a few moments. This type of aggravation and harassment is getting worse. with each passing season. Previous attempts to improve hunting in this area have failed and it is time that a solution is reached. 1 completely support the bid of the concerned Citizens of Clarington in restricting hunting practices in our area. Yours sincerely, Sandra Atkins CLERK�r�b�---------- ACK. BY i j ORIGINAL i COPIES TO: 707 , flit rova 7S0X �./� . �1�, aR/d C��t/`P:" LO�-° ./M© . MAY 2 0 1398 FZ*AIF CIF?- '7V-7 UUNIGIPALITY OF CLARINGTON MAYOWS OFFICE RE 7 s'�/ o,r 7�46 c�VozvA/ ����-jg T- ��i�io y Usk Off' ,��� .� �� �L„ 17- IS -(�8:;7c 'A/ . ; i _ y ,05 WMV a6W- VIZ G-1 t'V�_ _ F ' 7no � D Florence McKenzie MAY 2 0 1998 RR#1 Kendal MUNiGIPALITY OF CLARINGTON MAYOR'S OFFICE May 19, 1998. Honorable Mayor Hamre & Councilors Hunting in Clarington is a public safety issue. I am concerned for the safety of my children and their friends when they go out and play. Some hunters have trespassed on our property and a serious accident could happen when hunting is taking place where the children are playing. am aware that some people feel that the hunt is needed to control the wolves and coyotes. It is the wolf hunters that I see hunting using dogs and some of them respect no boundaries and are hunting too close to peoples homes with high powered rifles. Most of the farms in this area have posted NO HUNTING signs because of the danger and the constant trespassing. I know that the wolf hunters are lucky to get a couple of wolves/coyotes after a season of day long hunts. Certainly there are more effective ways to control the wolf/coyote problem rather than risking public safety. Clarington is a growing community and hunting cannot be safely enjoyed near people's homes. There is a--4et- of open space for hunting in the Ganaraska forest where this sport could be- enjoyed with greater safety than endangering Clarington residents. I agree that hunting should be banned south of the eighth concession and shotguns only north of the eighth. Sincerely; Florence McKenzie 709 Coyuu 4 y MAY 2 0 1998 ►1 us -�-�.�--`�-- C_lQ"��.Uy�, �-�j�\ ><ht1N1GIPAUTY OF CLARINl3rON MAYOR'S OFFICE cJ 0 �..��, a nu-1 Cam. •"�C�,k� � � i lUJ U. � .t C_a c'`n CL C t v l S c°+ Ct ltd ' l'nc-C V11 Cua-- C�' ,: Jfj— �- 2l l 4 t n ���l�L: �.`>��� ✓1-Q.s2..�`�t�.C�-"L�'L� �,�j' �:'YL.. �C-E�t ��fJ ^�,LL�� �-�-� � ,��jj I',\- CL_ jctU-0 J Cc �L 71n c �_ .�✓✓ �-�—��-c'.� ..—c�c�./���..J .�-�-e. ._-K-c-c�„_1 ch�J ,C'.Jc�� ✓�-o-t-,.L-en_.P_t�. (/.ti��-�e-� ✓t'--awn.. q�-C/ � c�o .��.�_ U ,.�C_¢�/ '�/`ic-c.�e�o/ �.�sC_e:.cler J�1.0 i['..cz_-�� c�. �C,c�7�..J�?.il�cz.-•' ...�l�t�c-�t/l� ✓�a�t�.Jl� �--C�/J.J ./Q-�Pir..J C�"'1.'�—G'J�-C�7c. ��� v�J U U i Js i G�,f�;;1 2 C�� CZ/,t�� ✓) V�2_t� 2 C/Y�A c'.it� CL..C!.rL /Lf�z�{1 q � MAY 2 0 1998 r�IJI�IGIPALITY OF CLARINGTON MAYOR'S OFFICE 711 r.RjC3,4V Farm Orono Ont PHONE NO. : 1+905+983+9369 May. 04 1998 09:59AM P1 #!� •, . -•- «y COUNCIL DIRECTION D-8 �+lid r d4 FARM -x P6.00 R.R.# G4 OnONO, ON'TALO. ]GOD IMO FAX , M"ESSAGE , t DATE: ' �l '�� .._... TIME: � r At Ivy TO FAX NO. �.. . 7 `� COMPANY : I+tO. OF PA GM / FROM FAX �,. 9 TYPED AS WRITTEN (May 3/98 issue) MESSAGE "Clarington this week" is reporting Hunter's freely, going on private property, without permission on posted property. in conjested areas of people on cocession #8, 4 mi'-Ies- north of my property complaint (in 1995) They are requesting council to pass a law, with stiff penalities, to make people realize that, car speed, hunting with "people killing weapons" is no longer acceptable, as 'Durham region is becoming the bedroom for Toronto, pickering, Oshawa employees. This was my contention, when I appeared before you and your enforcement officer, in your office. You, believe lived on concession #8; prior to becoming Mayor, so you're familiar with their area. Owners, who witness these break-ins are . generally alone, when these people -are breaking the law, other Durham region cities & Town have had to stop this behaviour, before some animal, child or adult is killed. concession speed signs are also necessary, before another fatality occurs, as concession #3 have them. I have since met with Ont. representative, . John O'Toole M.P., and our Federal reprsentative, Alex Sheppard M-P., office in Port Perry, Ont. about this dangerous practice. I think Council should support these protesting taxpayers rights. Thank you! 712 , 21o6 THIS IS A PETITION AGAINST ERIC ATKINS ' DISCRIMINATING THE HUNri ERS AND LOCAL LAND O NERS JUDGEMENT ABOUT HUNTING �z� C��s•G- .� � �d v sli2 D, s . ,v r IFR#�` 71 3 i THIS IS A PETITION AGAINST ERIC ATKINS DISCRIMINATING THE HUNTERS AND LOCAL LAND OWNERS JUDGEMENT ABOUT HUNTING �vz� :i io N BY i 7 l 4 THIS IS A PETITION AGAIN WT ERIC ATKINS DISCRIMINATING THE 14UNTERS AND LOCAL LAND OWNERS JUDGEMENT A1300T HUNTING -- 1 -7 e2.9-..5' i•V 0 ,�' ��2 ��' r'1 � �^' �;,mss 7k6 2 �c � Aj i Q f 1 715 .%I;T" Attachment No. 2 it .T t ' CLARINGTON GAME COMMISION MAY 26 1996 COMMISION MEETING MINUTES:: START TIME----------------7.00 P.M. LOCATION--------------------15 WESTMORE ST. COURTICE ONT. ATTENDANCE---------------NORM MONAGHAN-------------CHAIRPERSON GERALD DUVALL----------------SEC/TREAS. MIKE SPRAGUE------------------DIRECTOR DARRIL HINETT--------------------DIRECTOR JIM KAPTEYN----------------------DIRECTOR NORM JONG-------------------------ONTARIO FEDERATION OF ANGLERS AND HUNTERS ZONE"E" CHAIRMAN TED STACY------------------------RESIDENT HUNTER STEVE DELYAY-------------------RESIDENT HUNTER DISTRIBUTED MINISTRY OF NATURAL RESOURCES REPORT FROM GLEN PRICE DATED APRIL 30 1996 RECIEVED MAY 17 1996. GAVE 1 HOUR FOR OPEN DISCUSSION AS MOST PEOPLE ATTENDING HAD NOT SEEN THIS REPORT. MEETING CALLED BACK TO ORDER STARTING WITH ITEM#1 NUMBER OF HUNTERS ON PROPERTY: M.N.R. SUGGESTS ABOUT 20 HUNTER'S COMMISION SUGGESTS ABOUT 30 HUNTER'S--THIS BEING ABOUT 50% OF SUGGESTED NUMBERS ON KEY DAYS OF HUNT[OPENING DAY--FIRST&SECOND SATURDAY-- THANKSGIVING MONDAY--DAY AFTER"KAWARTHA SPRINGER CLUB"DOG TRIAL]. ITEM#2 MEANS OF CONTROLLING HUNTER NUMBERS: THE COMMISSION WOULD HAVE A PERSON ON THE PROPERTY TO COLLECT A USERS FEE OF $5.00 PER 4 HOUR HUNTING PERIOD HE WILL ISSUE A NUMBERED IDENTIFACATION BADGE THAT WILL HAVE TO BE TURNED BACK IN AT THE END OF THE HUNTING PERIOD .THE"OUTDOORS CARD"WOULD BE HELD BY THE GATE PERSON THUS GUARANTEEINWHE RETURN OF THE ID. BADGE. IF LOST A SERVICE CHARGE OF $25.00 AND PROPER ID. WOULD BE REQUIRED TO GET BACK YOUR"OUTDOOR CARD" THUS STOPPING ANYBODY FROM BEING OVERLY CARLESS. HUNTING PERIODS WILL BE-----MONDAY TO SATURDAY 8.00 A.M.-12 NOON 1.00 p.m .00 P.M. SHARP NO EVENING HUNTING _TOWNSHIP FEE FOR LICENSE---------$50.00 71 A THE BIRD LIMIT SHOULD REMAIN AT 3 BIRDS -- AS THE REST OF ONTARIO-- AGAIN THERE WILL BE MORE BIRDS PUT OUT ON THE PROPERTY WITH WEEKDAYS GETTING A LARGER SHARE THAN THEY HAVE IN THE PAST. HIGHER PRICE ON BIRDS AND INCREASED NUMBERS OF BIRDS IS WHY THE INCREASE IN THE LICENSE. THE USER FEE WILL BE USED TO PAY FOR THE GATE PERSON THAT WILL BE MONITERING THE NEW RULES &WATCHING FOR ANYBODY TRESPASSING-. ITEM#3 BLAZE ORANGE : BLAZE ORANGE---MADATORY--NO EXCUSES---RED NOT ACCEPTABLE. MINIMUM--- HAT& VEST--VEST TO BE 90% BLAZE ORANGE--- ITEM#4 SHOT SIZE: #6 OR SMALLER RECOMMENDED----LARGER THAN#6 NOT ALLOWED. ITEM#5 HUNTER IDENTIFACATION: A 4"TO 5" DIAMETER NUMBERED BADGE IN CONTRASTING COLOURS TO BE WORN ON HAT. ITEM #6 GROUP SIZES: THE COMMISION IS RECOMENDING NO MORE THAN THREE HUNTERS IN A GROUP OR 2 HUNTERS AND A DOG HANDLER OVER 1 DOG. ITEM #6 SIGNAGE IN POND AREA: M.N.R. SHOULD POST THE FENCED AREA---NO DISCHARGE OF FIREARMS---AROUND THE PONDS AND PARKING AREA--AGREED UPON MANY YEARS AGO BY M.N.R. BUT NOT DONE. ITEM #7 SECURITY: THE COMMISSION WILL HAVE SOMBODY BESIDES GATE PERSON ON KEY DAYS HOPEFULLY M.N.R. CAN BE AROUND AT KEY TIMES AS WELL.. ITEM#8 BUFFER ZONES: THESE HAVE TO BE ESTABLISHED AND POSTED BY A 2X2 STAKE PAINTED YELLOW AND BLAZE ORANGE WITH APPOPRIATE SIGNAGE CLOSE TO E.AITKIN'S& MR. DOWNES PROPERTY . THIS WILL COST PRIME HUNTING AREA BUT IT IS BETTER THAN LOSING A HUNTING AREA.. ITEM #9 71 .7 PUBLIC MEETING: A MEETING BETWEEN THE COMMISION AND INTERESTED PARTIES AT A LOCAL HALL TO BE ARRANGED NEWS PAPERS AND TOWN TO BE INFORMED. THE ORANGE HALL IN KENDAL WAS RETAINED FOR JUNE 151996 AT 2.00P.M.. A MEDIATOR FROM THE LOCAL POLITICAL SCENE WILL BE ARRANGED. ITEM#8 NEW AREA---KAWARTHA SPRINGER CLUB AND OTHER DOG TRAINING GROUPS OPEN TO DISCUSSION FOR NEW AREAS SUGGESTED BY"GANARASKA FOREST AUTHORITY" PLEASE CONTACT--NORM MONAGHAN- WITH ALL THESE NEW REVISION'S--- I AND THE COMMISION HOPE THAT WE CAN CONTINUE TO HAVE A GOOD WORKING RELATIONSHIP WITH THE TOWN OF "CLARI NGTON",MINISTRY OF NATURAL RESOURCES"AND THE LOCAL LANDOWNERS MEETING AJOURNED 9.30 PM MAY 26199 NOR Ny ONAGHAN CHAIRMAN ClL RINGTON GAME COMMISSION 718 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRAJON COMMITTEE File # Date: June 22, 1998 Res. # Report #: CD-31-98 By-law # Subject: PARKING PROPOSAL—`BOWMANVILLE BUSINESS CENTRE OUR FILE: T02.GE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-31-98 be received; 2. THAT parking at all meters throughout the downtown area,the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998; and 3. THAT the Bowmanville Business Centre be advised of Council's decision. Report At a meeting held on May 29, 1998, the Board of Management of the Bowmanville Business Improvement Area (BIA) drafted a proposal with respect to parking in the downtown area, which they presented to staff on June 9. The proposal resulted from ongoing concerns that the downtown area will be unable to compete with the new mall because of inadequate parking'for which patrons must pay. The proposal consisted of seven recommendations, each of which is elaborated on below: Recommendation#1 That the ticketing process move through the following,s�ag6s: a) Time on the meter-no ticket issued b) Meter still within the "grace"period-no ticket issued c) Time on the meter completely expired,including "grace" period-warning ticket issued d) Time on the metercompletely expired and a warning ticket has been issued -parking ticket issued 7 1 Q 0. Report CD-31-98 -2- + June 22, 1998 Staff Comment Presently, the meters are programmed to register 12 hourL of parking time plus a 15-minute grace period at the cost of$1.00. If the parking officer comes along during the first 2 hours of parking, no ticket is issued. If the meter is in the 15-minute grace period-when the officer arrives, a "warning"ticket is issued. This ticket looks like a regular ticket, however, on its face it states that the meter was expired but a grace period was in effect at the time of issue. It suggests that the patron consider using one of the municipal lots in future if he intends to be parked on street for longer than the permitted 2 hours. Should the officer arrive at the same car once again, a parking ticket is issued. Considering that it takes an average of `..1 hour for an officer to complete a tour of the downtown, the minimum time frame to go through these steps is 3 hours and 15 minutes. The BIA is recommending that the warning ticket be placed on the vehicle only after the grace period has expired. Taking into account the amount of time for an officer to patrol the downtown, the very minimum amount of time to elapse before a parking ticket would be issued under this scenario is 4 hours and 15 minutes. Recommendation#2 That the off-street parking lots at Division/Church Streets and Silver Street be free, with a 3-hour limit, to encourage parking at these locations by shoppers and those wishing to do extended business in the downtown. Staff Comment Between these two lots, there are 117 parking spots. In order to determine when a vehicle's 3 hours of free parking has expired, it will be necessary for the parking officer to chalk tires and record license plate numbers on an ongoing basis throughout the day. It would be necessary for an officer to be assigned to these two lots exclusively in order to effectively patrol the parking. In order to get around this administrative difficulty, the BIA suggested that the parking be enforced on a complaint basis only in these lots. If this were to happen, a complaint would come into the municipality after a vehicle had been left in excess of 3 hours. The officer would then chalk the tire and wait an additional 3 hours before a ticket could be issued. A minimum time of 6 hours would elapse before a ticket was issued to a vehicle. Recommendation#3 That the parking lots on the north side of Church Street[le at a charge of$2.00 for all-day parking, primarily for use by employees of the stores and businesses and the municipality. 720 Report CD-31-98 -3i June'22, 1998 Staff Comment Once the employees of the downtown businesses learnIthat the parking lot on the south side of Church Street is free for a 3 hour limit and that enforcement of the lot requires the chalking of tires, they will park there for the maximum time allowed and then go out and move their vehicles to another spot. In so doing, they will avoid paying any parking fee at all and use up spaces,which were to be available to patrons of the downtown area. Recommendation#4 That more effective and more visible signage be installed to direct visitors to the downtown to the location of the off-street parking lots.` Staff Comment This can be easily accomplished. Recommendation#5 That the municipality engage in an aggressive advertising campaign to inform the public of these new downtown parking strategies, ie,new permanent signage, use of billboards, newspaper display advertising, etc. Staff Comment The municipality does not have the required funds in this years budget to undertake this advertising initiative. Council could refer, however, to the funds provided to the BIA from the west Bowmanville developers for the purpose of promoting the downtown. The amount of this contribution was$10,000 per year for period of 10 years.' Recommendations#6 and#7 That Council make it a priority, in 1998 and 1999,to locate 200 additional parking spaces in the downtown area. That Council continue to pursue the acquisition of the former Petro-Can site in the Downtown for public parking.' Staff Comment The Property Manager will address these two issues following receipt of outstanding documentation. 7 ? 1- Report CD-31-98 -4 `- June 22, 1998 7 Staff Recommendations Staff understands the concern of the downtown businelses with respect to competing with the malls and their large supply of free parking for their patrons. Unfortunately, the recommendations put forth by the BIA would cause an administrative nightmare for the parking enforcement officers. In order to alleviate the concerns of the BIA without creating an unenforceable situation, it is staffs recommendation that parking at all meters throughout the downtown area, the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998. This time frame could be used as a pilot project for the BIA to determine if paid parking is a deterrent to their patrons. Should Council agree with this recommendation, the full-time parking officer's duties would be reassigned (for the months of July and August)within the By-law Enforcement Division. This would allow additional manpower in that area for outstanding investigations to be completed during the peak summer months. Res ectfull submitted Reviewed by - - Patti L, Hi e, M C.T. W.H. Stock ell Cle Chief Administrative Officer Individuals to be advised of Council's decision: G. Gilpin Secretary-Treasurer and General Manager Bowmanville Business Centre P.O. Box 365 Bowmanville, Ontario L1C 31_1 722 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRITION COMMITTEE File # Date: June 22, 1998 Res. # Report#: CD-21-98 By-law # Subject: IMPLEMENTATION OF A CURFEW Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to y Council: 1. THAT Report CD-21-98 be received; 2. THAT the attached amendments to By-law 94-180 be approved; and 3. THAT the interested parties listed in Report CD-21-98 be advised of Council's decision. BACKGROUND Staff has been requested to look into the feasibility of creating a'by-law to impose a curfew within the Municipality of Clarington and to contact Durham Regional Police for their input. This direction came as a result of concerns of youths congregating and bothering both merchants and the general public in the . downtown. Inspector Smith has advised that such a curfew would be helpful to the Police Department if it could be imposed, but he was unsure of the legal basis for passing such a by-law. As Committee is aware, a municipality can only pass by-laws on matters for which the province has given it authority to act upon. Staff have researched the issue and checked with various other municipalities and are unable to find any legislative authority for such a by-law. The 1978 Child Welfare Act, had an 11:00 p.m.curfew for children under 16 and allowed for apprehension of youth by police as"Children in Need of Protection" This/pct was repealed in 1986 and the replacement legislation,the Child and Family Services Act, no longer provides for apprehension in these circumstances. 7 77 Report CD-21-98 -2' June 22, 1998 The passage of such a by-law could be viewed by the co its as a violation of section 15(1) of the Canadian Charter of Rights and Freedoms which protects the publi6from discrimination in general and, among other provisions, discrimination based on age in particular. To create a by-law which makes it an offence for a 17 year old person to be found standing on the street at night while another person standing beside him is not committing an offence simply because he is one year older is a clear example of discrimination. In 1994, the Municipality passed a by-law to prohibit and abate certain public nuisances, to wit, loitering (see Attachment# 1). This by-law was instigated at the request of the Durham Regional Police and was to be used to deal with the loitering problems at the time. The by-law gave the police the authority to deal with loiterers and those impeding public traffic by requiring them to move along and disperse. If they failed to move along as directed, the offenders could be charged and a fine imposed on the spot, in the same manner as a traffic ticket. Once passed,staff sent a copy of the by-law to the Attorney General's office in order to establish the set fines for the various offences. The Attorney General's office had some concerns with two sections of the by-law and would not approve the short form wordings,which would allow for the fines to be imposed. As a result the police have been very hesitant to lay charges under the by-law since it would result in tying them up in court for each charge. Correspondence with the Attorney General's office has been ongoing. Staff have reviewed the Attorney General's concerns and made the necessary amendments to the by-law,which are included in this report as Attachment#2. The Attorney General questioned the Municipality's authority to legislate against begging. Accordingly, Section 2 of the by-law which dealt with begging,will be deleted. The penalty wording will be amended to reflect the enabling legislation in the Provincial Offences Act, as requested by the Attorney General. Staff have met with the Bowmanville and Newcastle B.I.A.'s and with a representative of the Clarington Youth Council to discuss the proposed changes. Discussions have also taken place with Staff Sergeant Dionne of the Durham Regional Police concerning the matter and their co-operation has been sought in resolving the concern of youth congregating on the streets. In preparing this report, staff have consulted with the Municipality's solicitor as to the legal issues involved. Mr. Hefferon concurs with staffs opinion and the recommendations contained therein. 7 ? a Report CD-21-98 -3;- June 22, 1998 RECOMMENDATIONS f It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the passage of the attached amendments to By-law 94-180 and that the interested parties listed below be advised of Council's action. Respectfully submitted Reviewed by Patti L. arrie, C.T. W.H. Stockwell C Chief Administrative Officer Individuals to be advised of Council's decision: Mr. Ron Hooper Mr. Ron Collis Chairman, Bowmanville Business Improvement Area Collin&Reed Research C/o Hooper's Jewellers Ltd. Ad Hoc Youth Committee 39 King Street West 177 Vail Meadows Crescent Bowmanville, Ontario Bowmanville,Ontario L1C 1R2 L1C 4G8 Mr. Ron Hope Mr. R Shaffaf Chairman, Newcastle Business Improvement Area Ad Hoc YoutWCommittee -. 24 King Street East 32 Peachtree Crescent Newcastle, Ontario BowmanvilleOntario 1-113 11-16 L1 C 4K8 Mr. Dan Banting Inspector Ross Smith Chairman,Orono Business Improvement Area Durham Regional Police 5331 Main Street 16 Division OOrono, Ontario' 77 Centre Street North Oshawa,Ontario L1G 4137 77G Attachment #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-180 being a By-law for the Prohibition arid Abatement of certain Public Nuisances within the Municipality 1 WHEREAS Section 210(140) of the..Municipal Act, R.S.0.1990 c. M.45 permits Councils of , local Municipalities to pass by-laws to prohibit and abate public nuisances. NOW THEREFORE the Council of the Municipality of Clarington enacts as followst DEFINITIONSt 1. (a) "BEG" shall mean to go from place to place or to remain stationary and, while there, to solicit donations for oneself or another person. To "BEG", however shall not include neither to solicit donations on behalf of a bona fide charity; (b) "MUNICIPALITY" shall mean the Corporation of the Municipality of Clarington and where the context no implies, members of its staff and council; (c) "HIGHWAY" shall mean a common and public highway, street•, ---- avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed or intended for or used by, • the general public for the passage of vehicles or persons whether under the jurisdiction of the Regional Municipality of DURHAM or the MUNICIPALITY, and including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk within the lateral property lines of the HIGHWAY; (d) "OFFICER" shall include a police officer or police constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; and includes a person assigned the responsibility of administering and enforcing this By-law, and all persons acting under his or her instructions; (e) "PERSON" shall include the individual, sole proprietorship, partnership,, unincorporated association, trust, or a body corporate; (f), "PEDESTRIAN" shall mean a person on any part of a highway who is on foot or a.person in a wheelchair, baby carriage or any similar, legally operated, ambulatory device. - PROHIBITION ON CERTAIN PUBLIC NUISANCES: 2. No person shall beg, either from door to door, or on any highway or in any other public place. 3. 'No person shall solicit any other person on any highway or in any other public place,, for any commercial purpose, except for donations on behalf of a bona fide charity. 4. No group of three or more per$o s shall gather together and stand in a group or near each ot�e"r on any highway, or on any pedestrian walkway, or in any other public place, in such a manner as to obstruct a free passageway for pedestrians or vehicular traffic after having been requested to move on by an nfftnar. 7 � � -2- 5. No person shall use any highway, p edestrian walkway or any other public place in a mannei to crowd, or jostle pedestrians or to create discomfort, disturbance or confusion for pedestrians. Without limiting the generality of the foregoing, it shall const t tbi an offence for a person `to cause a disturbance on any hi hway or on a pedestrian walkway or in any public place by scrpaiing, yelling or using profane or' abusive language in a mann riahich is audible to passersby. 6. No person shall conduct any activity which interferes with travel or other lawful use Of the highway,pedestrian walkway or other public place, by'pedestrians or otherwise. 7. No person shall loiter on any highway, pedestrian walkway or other public place, after having been requested by an officer to move on. 8. No person shall deface or damaye any real or personal property which is owned by the Municipality. Prosecution with respect to this offence' shall not preclude any other legal actions required to recover damages required to repair, replace or restore damaged real or personal property, as the case may be. PENALTIES: - 9. Any person who contravenes any provision of this By-law iIX guilty of an offence. GENERAL PROVISIONS: 10. All words and personal pronouns relating to words contained in this By-law shall be read and `const;ued with the number and gender of the person or persons referred to in each 'case. 11 Should any paragraph, clause or phrase in this By-law be declared by a court of competent jurisdiction to be invalid in whole or in part, the validity of the other provisions of the By-law shall be affected thereby, the intent of`'Council being that each provision of the By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. 12. This By-law shall come into full force and effect as of the date of its passing. By=law read a first time' this2801 day of November 1994 By-law read a second time this28th day of November 1994 Read a third time and finally passed this 28th day of November 1994 )ATOR I C RK . -7 n -1 ATTAMMENT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- Being a By-law to am nd By-law 94-180, being a by-law to prohibit and aVate certain public nuisances WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 94-180; NOW THEREFORE the Council of the Municipality of Clarington hereby enacts as follows: 1. By-law 94-180 is hereby amended by deleting subsection 1(a) in its entirety and renumbering the remaining subsections (a)through (e). 2. By-law 94-180 is further amended by deleting section 2 in its entirety. - 3. By-law 94-180 is further amended by deleting section 9 in its entirety and replacing it with the following: 499 Any person who contravenes any provision of this By-law is guilty of an offence and liable to punishment as provided under the Provincial Offences Act." 4. This By-law shall come into full force and effect immediately on the day of final passing by Council. By-law read a first and second time this `day of , 1998 By-law read a third time and finally passed this day of 1998. 7 ,, 8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File Date: MONDAY, JUNE 22, 19 9 8 Res.# Report#: TR 4 8-9 8 File#: By-Law# Subject: PURCHASE OF JANITORIAL AND CLEANING SUPPLIES Recommendations: It is respectfully recommended that the General purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-48-98 be 'received; 2 . THAT Staff be authorized to issue a Systems Contract Order to Swish Maintenance Co. , Whitby, Ontario, to participate in the TOPS Buying Group for cleaning supplies, as required by the Municipality of Clarington, to "commence July 1; 1998 and expire June 30, 11999; 3 . THAT the contract term, pending satisfactory products, service and pricing, can be automatically extended for a second and third year; 4 . THAT Purchasing By-law #94-129, Paragraph '5 . 0 be waived for this transaction; and 5 . THAT the required funds be drawn from each departments Operating Fund. BACKGROUND AND COMMENT; The existing contract between Swish Maintenance and the Municipality is due for renewal . Swish Maintenance' s TOPS Buying Group Proposal was originally formulated to standardize;pricing for school boards . The number of school boards made up' a buying power that was unequalled for volume within the industry. 801 REPORT NO. : TR-48-98 PAGE 2 Since further substantial discounts were offered to Swish by their suppliers, they subsequently offered the proposal to "buying power" entities which to date include York Region District School Board, York Region Roman Catholic School Board, Durham Board of Education, City of Scarborough, Scarborough Board of Education and the Town of Markham. The TOPS offer is typically extended to those customers who have an existing contract through the tendering process with Swish Maintenance and are in the process of re-tendering their supply requirements . Prices remain firm for one year and are reviewed annually. The contract term, pending satisfactory products, services and pricing can be automatically extended for a second and third year. For the information of Council, the total estimated annual expenditure for Janitorial and Cleaning Supplies is $32, 000 . 00 . The TOPS Buying Group contract includes the entire Swish janitorial and cleaning supply product line. In the past, the Municipality contracted only for certain items that were historically used and were required to negotiate a price for any added items . The Purchasing staff has reviewed the contract pricing and has found over 50% of the items normally used by the Municipality are lower in cost using the TOPS contract . Based on the previous satisfactory service, as well as the additional savings, staff recommends that Purchasing By-law #94- 129, Paragraph 5 . 06, be waived, and that the Municipality participate in the TOPS Buying Group for the purchase of janitorial and cleaning supplies. 8 02 REPORT NO. : TR-48-98 PAGE 3 The Treasurer has reviewed the funding requirements and concurs with the recommendation. Respectfully submitted, Reviewed by, M e Marano, H.BSc. AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer MM*LB*1d DN: TR-49-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: June 22, 1998 Res. # Report#: TR49-98 FILE#: DEV By-law # Subject: 1997 AUDIT REPORT AND MANAGEMENT LETTER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR49-98 be received 2. THAT the presentation by Deloitte and Touche on the 1997 Financial Statements be acknowledged with thanks; 3. THAT the Financial Statements for the year ended December 31, 1997 (under separate cover) be adopted; 4. THAT recommendations contained in the management letter (under separate cover) be reviewed by staff and addressed appropriately and(report back on any necessary changes; 5. THAT the firm of Deloitte and Touche be appointed as the Municipality's Auditors ' for the 1998 year end audit. 1''. BACKGROUND 1.0 The 1997 year end has now been completed and a representative of Deloitte & Touche is in attendance to present this Report. Any queries with respect to the Audit and the Management Letter should be directed to his attention at this time. QnA REPORT NO.: TR- 49-98 PAGE 2 2.0 Staff are continuing in their efforts to increase and improve internal controls and the auditior's comments reflect this. The areas identified as requiring fine tuning are areas that previously were not able to be focused on from an audit perspective because other areas lacked the level of expertise that now has been achieved. 3.0 In 1996, Report TR-44-96 recommended that the firm of Deloitte and Touche be retained for a five (5) year period. Council passed the applicable By-law which also directed that the appointment be reviewed on an annual basis. Staff are recommending that Deloitte and Touche be appointed as the Municipality's Auditors for the 1998 year end audit. 3.1 The Municipality had requested the opinion of the Ministry of Municipal Affairs and Housing, who had indicated that the cost of the audit services should not be the determining factor in a decision to change auditors. The Ministry indicated that other criteria, such as level of service available, reputation, timing and audit services, etc. should be considered. 3.2 The knowledge and expertise of Deloitte & Touche with respect to the records and operations of the Corporation adds to the efficiency of the audit. Maximization of any available efficiencies will therefore be of benefit to the Municipality. Their. extensive knowledge of the Municipality's operations also allows a greater opportunity for Deloitte and Touche to provide valuable advice and assistance in other areas. 3.3 In addition, Deloitte & Touche have agreed to keep their fees at the same rate as the municipal mill rate in each of the years identified. This contribution is in recognition of the Municipality's focus on the budgetary restrictions during the current economic climate. They have not increased their fee since 1991. 805 REPORT NO.; TR- 49-98 PAGE 3 3.4 As indicated in Report TR-37-98, the auditors concur that the Municipality reflects a secure financial position as indicated in the financial statements'. Respectfully submitted, Reviewed by, Marie Marano, H.BSs.,'A.M.C.T., W.H. Stockwe I 1, Treasurer Chief Administrative Officer. MM*KS*km Attach. 806 DN: TR-50-98 + THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: June 22, 1998' Res. # Report #: TR-50-98 FILE#: DEV By-law # Subject: YEAR 2000 COMPLIANCE- UPDATE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-50-98 be received for information. BACKGROUND AND iCOMMENT 1.0 The Municipality of Clarington is in the process of addressing the year 2000 compliance issue. The Treasury department is coordinating the effort to ensure that the date sensitive systems are year 2000 compliant. To date the focus has primarily been on the technology and the financial systems. 2.0 3C Complete Computer Consulting'Inc. is currently working to ensure our computerized accounting systems are year 2000 compliant.' As outlined in the correspondence in Attachment A, the expected completion date of the modifications to the accounting applications is October 1998. 3.0 The new system installations in 1998 that are the tax collection system and the G.I.S. system are both year 2000 compliant. As indicated in the Vailtech news release, Attachment B, Vailtech's new software release accomodates a 4 digit entry for the year. This is the release the municipality is currently using. 4.0 The municipality currently uses ScotiaPay Plus for the payroll services. Per report TR-17-98, approval was given to staff to commit to ADP Canada's'AutoPay system which is fully year 2000 compliant. Rn7 REPORT NO.: TR-50-98 PAGE 2 5.0 Over the summer months the Treasury department will co-ordinate with the other departments to identify all other 'date sensitive' systems and review them to ensure they are year 2000 compliant. This will allow the municipality to provide uninterrupted service into the new millennium. Respectfully submitted, Reviewed by, M-Arie Marano, H.BSs., A.M.C.T., W.H. Stockwell, Treasurer Chief Administrative Officer. MM*KS*km Attach. R n 8 ® � ATTACHMENT "Au Complete �a Computer JUN 0 4 1998 Consultin g' ----- DISTRIBUT10Pil Inc, rvlui�lr,1PA!.fT r ar c!A��� ,,;ronl ORIGINAL: FIr AKF or- CC:1)_ Deputy ,))Ac oumla,,;i 3l Puf Mo r, Wednesday, June 03, 1998 a)f>avrdl cfk ( 51 Tax Coll. Marie Marano 6) Treasurer 7) f r Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Marie,as per our conversation regarding your Accounting Application Software for the year 2000. This letter is to serve as notification that 3C Complete Computer Consulting Inc. has started the modifications to the following Accounting Applications, General Ledger Accounts Receivable Accounts Payable Purchase Order The modifications and testing are expected to be completed by the end of October with implementation in November of 1998. Marie, if you have any questions please do not hesitate to call me at 1-905-882-2111.. Sincerely, Tony Pereira 11 Srns Crescent Unit 1 Richmond Hill, Ontario Canada L4B 1C9 Tel,(905)882-2111 Fax.(905)882-21 6 8 0.9 a � ATTACHMENT "B" AtiVAILTECH NEVCTS Year 2000 Compllance The municipality's Vailtech accounting applications run on an Unix operating system and an Informix database. The Informix database software acts as the repository of all data generated by Vailtech applications. Within the applications, where it uses a two(2)digit data entry field for the year, the application sends the two(2)digits to Informix for storage. When encountering a two (2)digit year, Informix will prefix the digits with "19". When a user enters the digits "98" within a Vailtech application,the Informix database will store the digits as"1998". A problem will occur if a user enters a two(2)digit year as"00". Informix will store "00"as"1900". To alleviate the situation described above,Vailtech will release new versions of its software to maintenance customers, modifying any two(2)digit entries for year to four(4)digits. In the new releases users will be required to enter"1998"instead of"98",or"2000" instead of"00". This change has already been made in some applications such as the Infonnix-based Tax system. Plcasc remember that Vailtech applications are only one component of your computer environment, and (hart your maintenance support agreement only covers new releases for Vailtech applications. Vailtech cannot comment on the year 2000 compliance of the s ystem's operating system, or database. The municipality must ensure that their version of informix v,-ill interpret a four digit year correctly. Graphical Sopivare Vailtech continues to develop its new graphical,client server applications which run in standard networked environments, most particularly Microsoft NT server, Microsoft NT client, Windows '95, and Oracle. Vailiech's graphical Tax system is now operational in sixteen (16) large Ontario municipalities ranging in population between 50,000 to over 300,000 people. Vailtech's client,'scrver, graphical applications are supplied as a no-charge upgrade for maintenance customers, please note that associated costs such as conversions services, installation services. trainine services, etc., will be billed. Changes to Tar Sysrent for Legislative Changes A two (2)day"Tax i.egislation Workshop"was held in Ottawa on March 26 and 27, 1998. The workshop was hosted by Vailtech and was attended by a cross section of Tax system users. Both the Informix-based tax system and the client/semer version are being modified in order to comply with the legislative changes. Vailtech will deliver new versions of the Tax system to maintenance customers by the end of May, 1998. At the same time as the version releas,, Vailtech will offer it's customers a standard tax bill print. Should the municipality not \fish w use the standard tax bill print and wishes to use it's own design, please contact Vailtech so s\-e may progiam a custom bill print. Programming for custom bill prints is a chargeable service. For more information, please contact Vailtech at(613) 224-5111. oan3/98 t 810 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE'AND ADMINISTRATION COMMITTEE Meeting: File# Date: JUNE 22, 1998 Res.# Report#: T47-5 oQ File#: By-law# Subject CASH ACTIVITY REPORT — APRIL 1998 Recommendations: It is respectfully recommended''that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-51-98 be received; 2. THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the month ended April 30, 1998, is as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the month of April 1998, be confirmed. BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions, status of taxes receivable information, the cash investment position, development charges information and statistical information for the month ended April 30, 1998 and the comparative information for the month ended April 30, 1997. Respectfu submitted, Reviewed by, arie A. arano, H.BSc.,A.M.C.T., W-11.—Stockwell, Treasurer. Chief Administrative Officer. MAM/KS/km Attachments pia CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the Month of APRIL 1998 APRIL'. APRIL 19.98' 1997 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PUPOSES: TAX PAYMENTS RECEIVED 9,114,6$6 8,036,222 UNCONDITIONAL GRANT MUNICIPAL SUPPORT GRANT GRANTS-IN-LIEU: GOVT OF CANADA GIL MUNICIPAL TAX ASSISTANCE GIL 26,42b 67,129 ONTARIO HYDRO GIL CHEC HYDRO GIL MEMORIAL HOSPITAL GIL MINISTRY OF HOUSING GIL LCBO GIL REGION GIL BELL TELEPHONE GIL 213,044 ONTARIO HYDRO PROCEEDS 375,000 COURTICE COMMUNITY CENTRE FUND RAISING COIW INFRASTRUCTURE GRANT 232,711 NATURAL RESOURCES-PITS 8t QUARRIES SALE OF LAND SUBSIDIES: MINISTRY OF TRANSPORTATION HANDI-TRANSIT SUBSIDY 16,204'. DEVELOPMENT CHARGES-TOWN 367,479 : 311,215 GENERAL 480 6 INTEREST .....0t 412,886 14$,S?32 469,718 DEVELOPMENT CHARGES-REGION/PUC 430 977 468,626 1Q$17AI ' 10,353,840 USE OF FUNDS: PAYROLL 1,105,861 675,773 REGION LEVY 6,532,076 ! 2,753,426 SCHOOL BOARD LEVIES 0 0 GENERAL-INCLUDING CAPITAL EXP. 1 496 863. ! 2,282,092 9P 134,799 5,711,291 NET CASH PROVIDED (USED) 1 b82 817: 4,642 549 BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE" BALANCE FINANCIAL POSITION: MAR 31/98 (USED) Apit APR 30197 GENERAL FUND 6,862,112 947,980 7,810,092'! 4,694,742 RESERVE FUND 2,113,954 631,483 2,745,438 1,945,538 MUNICIPAL POOLED INVESTMENTS 24,695 1,394 26,089' 23,332 INVESTMENTS (GENERAL + RESERVE FUND) 34 495,987 101 960 34 597 947! 37,940,097 TOTALS 43 496 749 1 682 817 45:179566 44 603 709 NOTE A. Difference in comparison between years due to timing difference in receipt of funds. * NOTE B: No longer receive roads subsidy;replaced with Municipal Support Grant. ..UKNUKA I IUN OF I Mt MUNIUNALI I Y OF CLARINGTON CURRENT YEAR TAXES (1,847,784) 14,155,675 12,307,891 (8,848,251) 3,459,639 3,764,759 PENALTY AND INTEREST 347 20.054 20.401 (5.7241 14.677 27.99;A 1996 YEAR TAXES 3,077,313 3,077,313 (241,012) PENALTY AND INTEREST 220,833 38,779 259,612 (35,123) 1995 YEAR TAXES 1,245,170 1,245,170 (106,280) PENALTY AND INTEREST 155,468 15,741 171,209 (32,189) PRIOR TAXES 1,001,284 1,001,284 (1 10,389) PENALTY AND INTEREST 290,359 1 12,758 303,117' (56,389) 'OTAL 4,142,989 87,332 14,155,675 18,385,996 (9,435,356) 'OTAL TAXES LEVIED (INCLUDING REGION AND SCHOOL BOARDS) ERCENT OF CURRENT TAXES OUTSTANDING ** Includes refunds, write-offs, 496's, etc. TOTE 1: Tax payments do not tie into Part A due to timing differences since Part A is on a cash basis (le. difference due to outstanding deposits) TOTE 2: Final 1998 Budget not yet determined 2,875,298 216,223 1,285,902 171,534 1,046,960 279,670 9,668,202 N/A N/A b a H i PART "C" STATISTICAL INFORMATION FOR THE MONTH OF APRIL, 1998 Payment Received - Taxes 10,526 Pre-authorized Payments 11225 Tax Certificates 128 Number of Properties eligible for Tax Registration (see Note 1 ) 47 Accounts Payable Cheques Issued #22481 TO #23071 591 ,1Number of Births Registered 42 1Number of Deaths Registered 57 Note 1: Only includes those properties whose arrears are greater than $10,000. n- 1 n INVESTMENTS OUTSTANDING PART"D" AS AT APRIL 30, 1998 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND MTL 2,964,390.00 4.82% 91 3,000,000.00 June 12/98 TOTAL GENERAL FUND 2,964,390.00 RESERVE FUND RBC 34,731.25 7.20% 1,740 48,337.00 Aug 8/00 RBC 1,001,705.00 6.80% 1828 1,392,611.00 Mar 15/01 RBC 820,799.37 7.16% 1358 1,061,287.00 July 6/99 RBC 250,000.00 8.00% 184 350,000.00 Mar 1/00 RBC 56,000.00 8.875% 1095 70,910.00 May 1/98 RBC 61,000.00 9.00% 1460 82,960.00 May 1/99 RBC 999,999.48 7.70% 1718 1,417,032.00 Feb 6/00 RBC * 295,000.00 8.50% 3285 295,000.00 May 26/04 RBC 601,120.00 7.95% 1366 800,000.00 Feb 20/99 WOOD GUNDY 344,316.13 7.90% 1135 436,064.00 July 13/98 RBC 2,063,810.92 7.95% 1688 2,937,391.00 Jan 13/00 RBC 158,000.00 7.50% 1095 158,000.00 June 8/98 514,000.00 7.75% 1825 514,000.00 June 8/00 RBC 234,787.20 7.30% 837 296,000.00 Nov 14/98 RBC 862,564.39 7.43% 1316 1,1,17,022.00 March 8/99 RBC 999,999.65 8.20% 1825 1,482,799.00 Aug 8/00 RBC 499,999.62 7.80% 1043 619,655.00 July 3/98 RBC * 475,000.00 8.58% 2761 475,000.00 Mar 17103 RBC 999,999.76 6.20% 1,252 1,229,256.00 July 6/99 RBC 138,709.23 6.25% 1,637 182,057.00 Aug 1/00 RBC 99,999.64 7.10% 1,906 143,061.00 May 14/01 RBC 72,000.00 6.10% 730 80,640.00 June 18/98 RBC 40,397.70 7.20% 1578 54,562.00 Aug 8/00 RBC 1,999,999.91 5.90% 762 2,251,745.00 Sept 1/98 RBC 299,628.50 5.30% 1396 365,000.00 Sept 1/00 RBC 180,862.43 5.63% 1549 228,160.00 Feb 1/01 RBC 573,533.32 4.01% 724 619,969.00 Nov 14/98 RBC 933,400.00 5.20% 1827 1,202,670.00 Nov 12/02 RBC 1,568,561.00 4.75% 350 1,640,000.00 Mar 4/99 WOOD GUNDYI 500 000.00 1 5.22%1 365 1 526 100.00 1 Apr 16/99 Q 1- � INVESTMENTS OUTSTANDING PART"D" AS AT APRIL 30, 1998 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY GENERAL FUND INSTITUTION COST RATE O/S VALUE DATE RESERVE FUND RBC 58,479.40 5.95% 2032 80,639.00 Dec 15/02 RBC 25,125.57 5.95% 2025 34,613.00 Dec 15/02 WOOD GUNDY 715,539.24 3.70% 356 741,000.00 June 2/98 RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01 RBC 250,000.00 3.00% 180 250,000.00 June 21/04 RBC 1,109,499.87 4.75% 817 1,230,317.00 Mar 1/00 RBC 1,109,500.90 5.05% 1213 1,307,911.00 Apr 1/01 WOOD.GUNDY 869,000.00 5.06% 271 938,520.00 Nov 1/98 HONG KONG 2,109,706.21 4.95% 91 2,135,742.30 May 1 1/98 RBC 2,577,616.00 4.15% 383 2,690,060.00 Sept 1/98 BNS 2,500,000.00 4.82% 90 2,529,712.33 June 11/98 WOOD GUNDY 402,102.80 4.82% 608 434,678.00 Dec 1/99 WOOD GUNDY 171,793.70 4.82% 608 185,691.00 Dec 1/99 WOOD GUNDY 1,627,643.46 4.72% 333 1,696,876.00 Mar 1/99 TOTAL RESERVE FUND If,633 TOTAL INVESTMENTS 34:58 gq, * Bond investment. Interest paid on a semi-annual/annual basis DNCASHPTE PART•E' APRIL 1998 Development Charges (_ tall Lot Levies Townl Region I C.H.E.C. 1220582 Ontario Ltd. 4,882,92 — 4,882.92 — - L.30,C.2,Darlington 40M1902 B/P#98.0093 Kaitlin Group 349,991.63 — 149,973.53 200,018.00 — L,17,C.1,Darlington 40M1904,40M1907 B/P#98,0089-0091,130-132,145, B/P#98.0203,211,225-226,230-238 R.Lamont 6;774011 — 5,131.00 1,643.00 — L.33,C.8,Clarke B/P#98,0081 Andelwood Homes 24,$79 00. — 10,262.00 14,616.00 — L.34,C.2,Darlington 40M1847 B/P#98,0147;202 Ridge Pine Park 1;230QQ — 1,230.00 — — BFC,Darlington lot 292,748 B/P#98.0274-0275 Green Martin Holdings 19;306.72 — 19,306.72 - — L.17,C.1,Darlington 40M1904 B/P#97.0918`;98.0118,122,213 »:..,... Halminen Homes :;:::: ;6afi.6o — 24,414.60 29,232.00 — (1220582 Ontario Ltd.) L.30,C.2,Darlington 40M1902 B/P#98.0134=137,214 BCR Construction i'4A dQ — — 1,643.00 — L.26,C.6,Darlington 40M1897 B/P#98,0142' Devon Downs Dev. 10,262.00 14,616.00 — L.31,C.3,Darlington 40M1880 B/P#98.0083-0084 1276493 Ontario Inc. 5131 00. — 5,131.00 — L.9,C.2,Clarke B/P#98.0205 S.Unkie 677400 — 5,131.00 1,643.00 — L.20,C.10,Darlington 1OR550 B/P#98.0204 Baywood Homes 27&,573:05 — 126,623.05 152,950.00 — L,12,C.2,Bowmanville' 40M1852 B/P#98.0172-0194 1138330 Ontario Inc. 1 ,439 Q0 — 5,131.00 7,308.00 — (Carnovale Homes) L.34,C.2,Darlington 40M1847 B/P#98.0278 Simkins Homes 730800. — — 7,308.00 — L.30,C.2,Darlington 40M1902 B/P#98.0214` TOTALS 7 8456`8 0.001L 367 478.82 430 977.00 0,00 R17 t DN:CASHPTE PART'E' APRIL 199a [[DDEV93-002 NTRIBUTIONS —CASH—IN—LIEU OF PARKLAND omina 935.00 ,C.2,Darlington Total Cash—in—Lieu of Parkland 935.00 CONTRIBUTIONS —ENGINEERING AND INSPECTION FEES Region of Durham 4,212.00 Local storm sewer fees Total Engineering and Inspection Fees Contributions 4,212.00 CONTRIBUTIONS —ROADS Hamilton&Mutton 49,725.00 10M831 Channel works i Total Roads Contributions 49,725.00 n -1 n THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, JUNE 22, 19 9 8 Res.# Report#: TR-5 2-9 8 File#: By-Law# Subject: Q98-11, DRIVEWAY PAVING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. ' THAT Report TR-52-98 be received; 2 . THAT Tri-Son Contracting Inc. , Port Perry, Ontario, with a total unit price of $16 .15 per square metre being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q98-11, be awarded the contract for driveway paving for the Municipality of Clarington, as required by the Department of Public Works; and 3 . THAT the funds be drawn from the Public Works Road Maintenance Accounts . BACKGROUND AND COMMENT; The quotation was mailed ' to seven (7) contractors with one (1) bidder replying. Public Works Department require approximately 1, 600 square metres of driveway paving.' In prior years, the contractor bid on designated areas with numerous additions which made the contract difficult to administer. This year, the contractors were asked to bid on a per square metre basis with the contractor and the Municipality viewing each site when required and with an option to add additional sites through September, 1998 . After review and 'analysi's of the bid by Purchasing and Public Works staff, it was mutually agreed that the low bidder, Tri-Son Contracting Inc. , Port Perry, Ontario, be recommended for the 819 REPORT NO. : TR-52-98 PAGE 2 contract to supply driveway paving to the Municipality -of Clarington. The required funds will be drawn from Public Works Road Maintenance Accounts, of which $25, 000 . 00 has been allocated towards driveway paving. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. , should be referred to the Director of Public Works . The prices submitted by Tri-Son Contracting Inc. , when comparing the average per metre cost in 1997, shows a 20 decrease in price for 1998 . Tri-Son Contracting have provided satisfactory service to the Municipality of Clarington in previous years . Respect fully submitted, Reviewed by, e Marano, H.BSc . ,AMCT. , W.R. Stockwell, Treasurer Chief Administrative Officer Steph n A. Vokes, P.Eng. Director of Public Works . MM*LB*ld 82-0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, JUNE 22, 1998 Res.# Report#: TR-5 3-9 8 File#: By-Law# Subject: TENDER CL98-10, FIRE FIGHTER BUNKER SUITS Recommendations: It is respectfully' recommended' that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-'53-98 be received; 2 . THAT Starfield Safetywear Limited, Oakville, Ontario, with a total bid in the amount of $25, 731.25 '(including taxes) , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-10, be awarded the contract to supply and deliver twenty-five (25) fire fighter bunker suits, ; as required by the Municipality of Clarington, Fire Department and 3 . THAT the required funds be provided from the approved 1998 Fire Department Capital Budget Account #7102-00007-0520 . BACKGROUND AND COMMENT: Tenders' were publicly advertised and issued for the supply and delivery of ;twenty-five (25) fire fighter bunker suits, as required by the Fire Department. Subsequently, tenders were received and tabulated as follows: .. 83.dder Bid �nountt (taxes included) Levitt, Safety Ltd. $21, 821 . 25 Oakville, Ontario Starfield Safetywear $25, 731 . 25 Toronto, Ontario Safedesign Apparel 'Ltd. $31, 012 . 63 Toronto, Ontario ** Bid does not meet specifications . n ")-1 REPORT NO. : TR-53-98 PAGE 2 The low bidder, Levitt Safety, bid on an alternate suit that does not meet the tender specifications and requirements of the Fire Department . The required funds will be provided from the approved 1998 Fire Department Capital Budget Account, and is within the $28, 000 . 00 budget allocation, as reflected on Page 147 of the 1998 Draft Capital Budget . The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc . , should be referred to the Fire Chief . The subject firm have previously performed satisfactorily for the Municipality of Clarington. After further review and analysis of the tender by the Fire Department and Purchasing, it was mutually agreed that Starfield Safetywear Limited, Toronto, Ontario, be recommended for the contract to supply and deliver twenty-five (25) Fire Fighter Bunker Suits to the Municipality of Clarington, as required by the Fire Department . Respectfully submitted, Reviewed by, ia ie Marano, H.BSc . ,AMCT. , W.H. tockwel Treasurer Chief Administr, ative Officer Mike Creigh on, AMCT (A) , CMM1 Fire Chief MM*LB*ld THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ADMINISTRATION COMMITTEE GENERAL PURPOSE AND ADM Meeting: File# Date: MONDAY, JUNE 22 , 19 9 8 Res.# Report#: TR-54-9 8 File#: By-Law# Subject: ACCEPTANCE OF CONTRACTS AND QUOTATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-54-98 be received; 2 . THAT the Chief Administrative Officer and Treasurer or their designates be authorized to accept the lowest qualified tender or quotation meeting all terms, conditions and specifications as required by the Municipality during holiday periods for the term of Council; 3 . ' THAT the Mayor and Clerk subject to recommendation #2 above, be authorized to execute the necessary contracts or agreements; and 4 . THAT an information report and any applicable By-laws be presented at the first G.P.A. Committee meeting in September summarizing the tender or quotations that have been awarded. BACKGROUND AND COMMENT: During ' holiday periods, there may be occasion where tenders or quotations (budgeted . items) will be required to be opened and awarded. In order to avoid the necessity of convening a Council meeting and possibly not having a quorum available due to the holiday period, it would be appropriate for Council to adopt the recommendations contained in this report . For efficiency purposes, it is recommended that this procedure be implemented for the term of Council. This procedure is consistent with the previous term of Council. n ') 7 REPORT NO. : TR-54-98 PAGE 2 ACCEPTANCE OF CONTRACTS AND QUOTATIONS JULY/AUGUST BREAK In some cases, the low bidder may not be the most qualified with respect to references or quality of product offered and in these cases, the most appropriate low bid would be selected. For the information of Council, staff have confirmed with the Ministry of Municipal Affairs that establishing this procedure is within Council' s authority. Also, for the Council' s information, Schedule "A" attached details which tenders are tentatively scheduled for closing and/or awarding during the summer recess . Should Council not wish these tenders to be awarded under the proposed method for the summer Council break, they may alternatively schedule a special Council meeting. Respectfully submitted, Reviewed by, ie Marano, H.BSc. ,AMCT. , W.H. Sto kwe 1, Treasurer Chief Administrative Officer MM*LB*ld 824 Schedule "A Capital Project Approx. Approx. 1998 Budget Name Advertising Tender Closing Allocation Date Date $800,000.00 Tender CL98-15 June 18, 1998 July 2, 1998 Wellington Street Reconstruction (Re-tender of CL98-4) $28,000.00 Condenser- Darlington Sports June 24, 1998 July 8, 1998 Centre $24,500.00 ' Replace Rubber Flooring - July 8, 1998 July 22, 1998 Darlington Sports Centre $31,000.00 Replace Carpet Tile - Darlington July 8, 1998 July 22, 1998 Sports Centre $95,000.00 Sidewalk Construction July 8, 1998 July 22, 1998 N/A Tree Maintenance July 8,,1998 July 22, 1998 $50,000.00 Roof Replacement,Hampton ? ? Operations Centre $90,000.00 Addition of Room, Darlington ? ? Sports Centre' 1997 budget carry- Farewell Creek July 29, 1998 August 12, 1998 over, $25,000.00 N/A Street Lighting ? ? 825 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, JUNE 22, 19 9 8 :Res.# Report#: TR-5 5-9 8 File#: By-Law# Subject: CL9 8-8, ONE (1) ONLY CAB AND CHASSIS, 39, 000 G.V.W. , WITH PLOW AND SANDER Recommendations: It is respectfully recommended that the General ' Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-55-98 be received; 2 . THAT Donway Sterling, Scarborough, Ontario, with a total bid in the amount of $146, 572 .10 (including taxes) , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-8, be awarded the contract to supply one (1) only Cab and Chassis, 39, 000 G.V.W. , with Plow and Sander, as required by the Municipality of Clarington, Department of Public Works; 3 . THAT funds in the amount of, $133, 000 . 00 `be provided from the 1998 Public Works Capital Budget Account #7203-00000-0505; 4 . ` THAT additional funds in an approximate amount of $2,472 . 00 be drawn from the Public Works Equipment Reserve Account #2900- 00010-0000 and approximately $6, 000. 00 from the Public Works Development Charge Reserve Fund Account #1110-00184-0000 . BACKGROUND AND COMMENT: : Tenders were publicly advertised and invited for the supply and delivery of one (1) only Cab and Chassis, 39, 000 G.V.W. , with plow and sander, as required by the Department of Public Works . Subsequently, tenders were received and tabulated as follows : Q 0.4 REPORT NO. : TR-55-98 PAGE 2 BDDEI ! TOTAL. H X l7 AMOUNT Donway Sterling $146, 572 . 10 Scarborough, Ontario Freightliner Mid-Ontario Ltd. $147, 277 . 05 Pickering, Ontario Winslow-Gerolamy Motors $147, 780 . 75 Peterborough, Ontario Toronto Truck Centre $148, 746 . 75 Mississauga, Ontario Mack Sales & Service of Durham $160, 258 . 25 1Ajax, Ontario After further review and analysis of the tender by Public Works and Purchasing, it was mutually agreed that Donway Sterling, Scarborough, Ontario, be recommended for the contract to supply and deliver one (1) only Cab and Chassis, 39, 000 G.V.W. , with plow and sander, to the Municipality of Clarington, as required by the Department of Public Works . The required funds, in the amount of $133 , 000 . 00, will be provided from the approved 1998 Public Works Capital Budget Account #7203- 00000-0505, as reflected on Page 215, Item 1 in the 1998 Draft Capital Budget . The total bid of $146, 572 . 10 exceeds the approved budget of $133 , 000 . 00 by $13, 572 . 10, less approximately $5, 100 . 00 for the G. S.T. rebate which equals $8 .472 .`00 . It is therefore recommended that the additional funds in an approximate amount of $2 , 472 . 00 be drawn from the Public Works Equipment Reserve Account #2900-00010-0000, and approximately $6, 000 . 00 from the Public Works Development Charge Reserve Fund Account #1110-00184-0000 . The Treasurer has reviewed the funding requirements and concurs with the recommendations . Queries with respect to department needs, specifications, etc. , should be referred to the Director of Public Works . R 2 7 REPORT NO. : TR-55-98 PAGE 3 The subject firm has previously provided satisfactory service for the Municipality of Clarington. Respectfully submitted, Reviewed by, ar e Marano, H.'BSc. ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer Stephen A. Vokes, P.Eng. ' Director of Public Works MM*LB*ld THE CORPORATION OF THE MUNICIPALITY OF CLARIN+GTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File Date: JUNE 22, 1998 Res. # By-Lava# Report#:_-FE) 1 8-98- File#: ----10.12.6 Subject: MONTHLY FIRE REPORT - MAY, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report FD-10-98 be received for information. . BACKGROUND 1.1 Our report covers the month of May, 1998. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 179 calls in May and recorded total fire loss at $31 ,600.00. A breakdown of the calls responded to follows. Continued..... gni FD-10-98 - 2 - MONTH YEAR MONTH YEAR ENDING TO ENDING TO CLASSIFICATION MAY /98 DATE MAY/97 DATE 1998 1997 PROPERTY FIRES (Includes structure, chimney,vehicle,miscellaneous 22 113 26 128 e.g.furniture,clothing,etc.) UNAUTHORIZED BURNING 17 36 12 38 (Burning complaints) FALSE FIRE CALLS (Includes alarm activations-accidental/malicious, 32 119 29 131 human-perceived emergencies/check calls e.g. investigate unknown odour) PUBLIC HAZARD CALLS (Includes propane/natural gas leaks,fuel/chemical 21 82 13 68 spills, power lines down/arcing,C.O. leaks,etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 26 104 22 125 commercial industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 59 261 52 261 respiratory and resuscitation emergencies) MISCELLANEOUS CALLS (Includes assist to other agencies,other public 15 34 10 48 service, etc.) TOTAL CALLS 192 749 164 .799 TOTAL FIRE LOSS $31,600 $246,200 $349,150 $1,187,800 2. REPORT 2.1 This year is the 4th annual Junior Firefighter Program. Applications were _ delivered to the schools on May 8, 1998 and to-date 133 applications have been returned for the 80 available positions. Given this response and the fact that the number of applications received increases annually the department will be requesting that Council consider doubling the program for 1999. Continued.... 902 FD-1 0-98 3 - 3. RECOMMENDATIONS .1 It is respectfully recommended that report FD-19-98 be received for information. Respectfully,submitted, Reviewed by Michael G. Creightc , AMCT(A), 6MM11 W. M. Stockwell, Fire Chief. Chief Administrative Officer /sr 903 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: June 22, 1998 Res. # Report#:'—eS_1d=98-- File# By-Law# Subject: RICKARD RECREATION COMPLEX- CONCESSION EQUIPMENT Recommendations It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CS-11-98 be received; and 2. THAT the Grill/Deep Fryer equipment identified on Page 359 of the Community Services Department 1998 Capital and Four Year forecast be brought forward for approval in 1998; and 3. THAT the necessary funds be drawn from the Parkland Cash-in-lieu Account#5001-7-X. 10 BACKGROUND 1.1 As Members of Council are aware, the Rickard Recreation Complex expansion project involves extensive renovations to the main concourse and relocation of the Concession area required to better service both ice pads, once the project is complete. 12 On page 359 of the 1998 Capital Budget and Four Year Forecast (attachment #1) a grill and deep fryer was identified with an expenditure of $14,000. This item was inavertently placed in the 1999 Capital forecast instead of 1998 and it is staff's intention to have the new concession area fully operational with the Opening of the new ice pad in September of 1998. ../2 ..... a�.E�:«E -1 on i II REPORT CS-11-98 - 2 - JUNE 22, 1998 I 1.3 To provide our full concession service, with the opening of the new ice pad, it will be necessary to bring forth this item, for installation during the construction of the second pad. Respectfully submitted, Reviewed by, Jo eph . Caruana, Director W. H. tockwell, C pity Services Department Chief Administrative Officer JPC:dm Attachment 100-2 rmmACM-:m?m. #1- rtv+.._.REP--- CS-- 8 _.. ACCOUNT # : 7606-00003 .-0505 COSTS PROJECT NAME: RRC' - OTHER EQUIPMENT GRILL/DEEP FRYER 14, 000 DOOR LOCKS 5, 000 LOCATION: RICKARD RECREATION COMPLEX 2440 MARTIN` RD. '-HWY. #2 . BOW.. DESCRIPTION/DETAILS: - SUPPLY AND INSTALL A GRILL IN CONCESSION AREA COMPLETE WITH DEEP FRYER - REPLACE DOOR LOCK MECHANISMS ON DRESSING TOTAL COSTS: $ 19, 000 ROOM AND STSORAGE LOCKERS THROUGHOUT THE FACILITY FINANCING • RESERVE FUNDS` PRKLND CASH-IN-LIEU 19, 000 J J 11 TOTAL FINANCING: $ 19, 000 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T E REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Dater JUNE 22,1998 Res. # Report#:—,942-99 File#: By-:Law# Subject: EXPANSION PROJECT=RICKARD RECREATION COMPLEX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. CS-12-98 be received; and 2. THAT Council authorize a $120,000.00 increase to the contingency allowance for the Rickard Recreation Complex',expansion project; 3. THAT the funds be drawn from the Impact/Escrow Reserve Fund Account#1110-196-4. 10 BACKGROUND 1.1 The construction phase of the Rickard Recreation Complex Expansion project is in week 31 of a 50 week construction schedule and is progressing very well. The Architect/Project Consultant has submitted a letter(attachment#1) providing an update on the progress of the project, and further also provides details pertaining to the recommendation to supplement the project's contingency account. 12 The approved budget for this project identified a contingency in the amount of $200,000.00 representing approximately 5% of the total project budget. To date, we have expenditures totalling $193,785.00 relating to known contemplated change orders which will be charged to the contingency account. Of this expenditure approximately $164,000.00 is attributed to sub surface conditions, specifically a seam of buried topsoil, poor quality bearing soil not revealed by the geotechnical investigations and discrepancies in the original building "as built" information. .J2 wE�.�,EO o,o,EA i nn n REPORT CS-12-98 - 2 - JUNE 22, 1998 1.3 As we are progressing towards the final stages of the construction schedule, and in anticipation of Council's summer recess, it is imperative that the project's contingency account be supplemented to provide staff with the necessary resources to complete the project over the summer months, without delay. 1.4 The Project Consultant, has reviewed the situation and is recommending that the contingency be supplemented by $120,000.00 to be able to effectively deal with any unforseen work. 1.5 The Treasurer has reviewed and concurs with the funding source as recommended. Respectfully submitted, Reviewed by, Jo ep aruana, Director W. H. Stockwell, C unity Services Department Chief Administrative Officer FrederibrHorvath, Property Manager JPC:FH:pg 1005 a ATTACIMENT #1 TO REPORT CS-12-98 BARRY • BRYAN : ARCHITECT 11 Stanley Court ENGINEER Whitby, Ontario L1N8P9 ASSOCIATES (1991) LIMITED • PROJECT MANAGERS Telephone(905)666-5252 Fax(905)666.5256 F 1998 J ne 16, 1998 LARINGTON cES Dept.. , Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: Mr. Joe Caruana Re: Garnet B. Rickard Recreation Complex 2nd Ice Pad Addition Our Project No.97100 Dear Sir: The construction phase of the additions and renovation of the Garnet B. Rickard Arena is in week 31 of a 50 week construction schedule. The contractor is reporting that they are on target for the restart of ice making in August and substantial completion is September. The pre-engineered area building has the roof in place and the ice pad concrete floor is scheduled to be poured at the end of the month. The structural work to the entrance, offices and concession area is well advanced. Parking lot and driveway excavation is complete. The contractor has Incorporated'a substantial amount of additional foundation work into their schedule to reach this stage.' Based on quotations received to date and our best estimate of the value of known outstanding contemplated changes to the work, we are reporting an expenditure of$193,785.00 against our contingency of$200,000. As you are aware the contingency was reduced from $400,000 to $200,000 during the budget negotiation stages of this project. To date a disproportionate value of work has been associated with two particular issues. A seam of buried topsoil and poor quality bearing soil not revealed by the geotechnical investigation and discrepancies in the original building as built information.. In our opinion the geotechnical investigation was competent and the pattern of boreholes appeared to be sufficient to interpolate subsurface conditions. This investigation failed however to identify a seam of extra depth of topsoil and pocket of very poor bearing soil at the south east corner. Both of these items resulted in substantial extra costs to the contract. In addition the omission of existing water lines and correct drainage inverts on the existing building drawings have resulted in additional costs. OL1606:wpd - innA - I s1 , I 3 i i Page 2 These two areas of work have accounted for approximately$164,000 of the $193,785 contingency expenditure to date. It is anticipated on renovation and addition projects that during the phase of j construction where tie ins are made to the existing building unforseen work can be encountered. j At this stage of the project we should have at least $120,000 of our contingency fund available for future contingencies. I The Municipality has under consideration a number of quotations from Peak Engineering & Construction Ltd. for design alternates which we are unable to recommend without additional ` contingency funds. � It is not possible for us to estimate with any accuracy the value of any future expenditures. Contingency funds and for unforseen work. We would however recommend that in the view of the nature of the work remaining, and the items under consideration, it would be prudent to increase the contingency allowance to $320,000. Yours very tru Brian Duffi Id BD/eb 7100L1606.wpd BARRY- BRYAN n n 7 ASSOCIATES 119911 11nn1Tm THE CORPORATION OF THE MUNICIPALITY OF CLRRINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JUNE 22, 1998 Res. # By-Law# Report#:— VVD-34-98— File#: Subject: WATER SPRING, CONCESSION 8,LOT 5,DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration_ -Committee recommend to Council the following: 1, THAT Report WD-34-98 be received; 2 THAT the Municipality apply to the Province of Ontario, Ontario Heritage Foundation, under the "Local Marking Program" to assist in the wording and funding of a proper historical plaque for the site of the previous water spring; 3 THAT Mr. Cameron be requested to contribute equally towards the purchase cost of the historical plaque with the Municipality; 4 THAT the Municipality's portion of the funding be obtained from Account #7211-0411- 0169 5 THAT conditional upon receipt of funding, the Municipality provide secure installation and future maintenance of the plaque; and 6. THAT Mr. Cameron be provided with a copy of this report and advised of Council's decision. REPORT 1.4 ATTACHMENTS No 1:' Key Map No 2: Correspondence dated May 25 1998 from Robert Cameron AECYCM E 1' 1 n 1 REPORT NO.: WD-34-98 PAGE 2 2.0 BACKGROUND 2.1 At a meeting held on May 25, 1998, the Council of the Municipality of Clarington passed Resolution#GPA-300-98: "THAT the delegation of Robert Cameron pertaining to the water spring on the 8th Concession be received; and That the Director of Public Works be requested to prepare a report for submission to the General Purpose and Administration Committee on June 8, 1998." 3.0 REVIEW AND COMMENT - 3.1 The water spring has a long history, with its existence known since 1890. It was reported that some people drove great distances to obtain this pure spring water. At one time the spring was piped into a watering trough for passing travellers with horse drawn vehicles. 3.2 Spring Upgrading Repairs During late 1992, the Municipality spent approximately$5,000.00 to have the existing well removed and replaced with new tile and a pipe outlet. The intent was to improve the quality of the water and make it useable to the general public. At that time, Mr. Cameron agreed that he would provide the plaque. 3.3 Closure of Spring The flow of water from the spring was made inaccessible to the public during 1993. This closure was undertaken as a result of bacteriological tests by the Region of Durham Chief Public Health Inspector, which confirmed the water was unsafe for human consumption. 3.4 Name of Spring There has been controversy over the name of the spring, with many people referring to the spring as "Tyrone Spring", "Longsault Spring" or "Watering-Trough Hill" as alternatives to "Cameron Spring". A member of the Bowmanville Museum and long time resident of > > n ? REPORT NO.: WD-34'-98 PAGE 3 Tyrone felt "Watering-Trough Hill was the most appropriate name. Mr. Cameron's previous sign also stated it was once kpown as the Watering-Trough Hill. 3.5 Proper Plaque The plaque;posted by Mr. Cameron was a sign with letters applied to a flat metal blank. The cost to replace the sign is approximately$60.00. To replace the sign with;a proper bronze historical plaque(18" x 24"), the estimated cost is approximately $850.00; to install the plaque on a vandal resistant base, the total estimated cost is$1,050.00. - 3.6 Ontario Heritage Foundation' Mr. Paul Litt was contacted with regards to the placement of a provincially funded historical plaque at this site. The Province will assist in research of the site under the"Local Marking Program" and contribute 50% financially,up to$400,towards the purchase of the plaque. They will also assist in the proper wording of the plaque. The proposed wording suggested by staff to the Province could be as follows: Watering-Trough Hill Site of an artesian well which dates back to the 1800's when clear spring water fed a wooden trough to accommodate those travelling with horse drawn vehicles. This plaque is provided by R.W. Cameron, the Municipality of''Clarington and the Ontario Heritage Foundation. > 1 n -z REPORT NO.: WD-34-98 PAGE 4 3.7 The contents of this report were discussed with Mr. Cameron on June 1, 1998 and he does not feel that Watering-Trough Hill is the appropriate name. Mr. Cameron has resided near the spring since 1955. Although Mr. Cameron prefers to see the spring carry the name "Cameron Spring", Mr. Cameron has been instrumental in having the spring recognized, improved and maintained over recent years. For this reason, and regardless of the fact that research by the Ontario Heritage Foundation may determine "Watering-Trough Hill" to be the appropriate name, staff feel that Mr. Cameron may still wish to contribute to the cost of the permanent historical plaque. In this manner, Mr. Cameron, the Municipality and the Ontario Heritage Foundation are all recognized on the plaque. 4.0 CONCLUSION 4.1 From the above, it is concluded that, after additional historical research, a properly worded and designed plaque should be provided at the site. Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer RDB*SAV*ce 17/06/1998 Attachments (2) Pc: Robert Cameron 2946 Concession Road 8 R.R. #5 Bo«znanville, ON L1C 3K6 11nA LOT 5 CON 8 LPROPOSED WELL LOCATION RICAL PLAQUE PROPERTY / FENCE o - CONCESSION ROAD 8' PROPERTY / FENCE' LINE LOT 5 CON 7 g g �i 14 000 4 2 1� S/TE . to 4 +I KI C. ao. e N 51 1 - 1 E ` � DRAWN J.M. DATE:JUNE 1998 ATTACHMENT NO. 1 KEY REPORT NO.': WD-34-98 MAP _ 4 4 ,. .- I30114',UANVILLE OMIT. R R 5 COI\T. 8 YOUr, 'ri ORSHIP �MiiY0R Ha-,i.-IRE COUNCILLORS & ST�aFF. THIS HAS TO DO WI`T'H A PLAQUE WHICH�gSTLD AT A WATER SPRING ON THE 8TH. CON. & JUST EAST OF BETHESDA RD. ItirL'�r COUNCILLORS 14AY NOT BE FAMILIAR 4rITH THIS PROJECT rrr"I-I-I CH WAS COMPLET D IN 1992 ,- MADE POSSIBLE WITH THL CO-- OPERATION OF LOCAL COUNCIL & THE DEPT. OF WORKS. SHORTLY AFTER THE POSTING OF THE WATER SPRING PLAQUE IT BECAME A TARGET FOR VANDALISM,TWO DIFFERENT TIlvaS THE PLAQUE WAS DA!k AGLl) BEYOND REPAIR. BECAUSE THE WATER SPRING IS LOCATED ON THE ROAD ALLO JINCE, I WOULD SUGGEST THAT THE WATER RESOURCES DIVISION OF THE HISTORIC SOCIETY BE ASK TO ASSUf- E TIM COST OF QAINTAINIIvG THL PLAQUE: -----�. AAOTH -R SUGGESTION IS, WOULD COUNCIL DIRECT THE DEPT. OF WORKS TO ASSUD& THE COST OF MAII`TAINING TIM PLAQUE. i I AIM ►"ILLING TO PAY FOR REPLACING THIS PLAQUE: ONE MORE TI�EE. I TRUST THAT THIS PROPOSAL WILL RECEIVE YOUR KIND CONSIDER MON. ROBLRT CAA ROIL 2946 CON. 8 R. R.# 5 BM`,'MANVILLE LIC 3K6 OilliT. 1 1 r) / A mm A nvn4-U*rr*rte . 1 DN:gpamay THE CORPORATIONOF THE MUNICIPALITY OF CLARINGTON REPORT i . Meeting: General Purpose and Administration, Committee File# Date: Monday, June 22, 1998 Res. # Report #: WD-35-98 FILE # By-law# Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-35-98 be received for information. 1. + BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of May 1998, Staff'wish ; to highlight the following statistics for the information of Committee and Council. MONTH OF MAY 1998 YEAR TO DATE 1998 YEAR TO DATE 1997 Permits Issued 94 368 456 VALUE OF CONSTRUCTION Residential $6,584,963 $24,790.893 $ 30,117,555... Commercial $ 0 $ 3,086,352 $ '`4,262,841 Industrial $ 0 $ 1,755,000 $ 5,463,000 Others $ 293,000 $ 1,817,161 $ 1,52.1,487 TOTAL $6,877,963 $31,449,406 $41,364,883 11n7 I i I i i REPORT NO.: WD-35-98 PAGE 2 I 1.2 With respect to non-residential building permit activities, the details are provided as follows: j APPLICANT CONSTR TYPE LOCATION VALUE Memorial Hospital Renovations 47 Liberty Street S $ 25,000 Archibald, F Storage 6275 Liberty Street N $ 57,000 Ontario Hydro Addition Darlington Gen Station $ 101,000 C.I.B.C. Interior Renov 2 King Street East $ 110,000 I Respectfully submitted, Reviewed by, Stephen A. Vokes, P.Eng W.H. Stockwell, Director of Public Works Chief Administrative Officer. SAV*bb June 8, 1998 II Permits issued Housing Starts Value of Construction II' I 11 'h Group i May 1998 i 1998 Y.T.D1 1997 Y.T.D' May 1998 1998 Y.T.D, 1997 Y,T.D; May 1998 f. 1998 Y.T.D. 1 ( 1997 Y.T.D. I{: f SFD i 60 j 141. i :160 63. i '127 144' i 6,141,000.00 ( 15,346,740.00 I I II f 16,042,850.00 ff ff SDD { I f 58 f i .178 { 4 f { 53 f f 14S' f I i 5,125,000.00 12,813,000.00 )i SMD f 1 9 I 7 I I 1 ( 9 f I 7 I 73,000.00 II f 645,000.00 ( 448,305.00 II, II TWH � � 41 f I' 7 f 60 ( 3 f [; 2,788,800.00 f O MUL I II If iI DFD ( f 1 f 2 I! I I ( { 15,000.00 ( 112,000.00 {{ 0TH ( 23 [ 60 f S2 {. f ( f '.370,963.00 (' 870,353.00 I 701,400.00 fI'. fI SUB-TOTAL f 84 f 310 f 399 f! 75 ! f 249 ( 299' f 6,584,963.00 f 24,790,893.00 ', f 30,117,555.00 ff II' I I I COM f I ( 21 I f 12 I ( I f 4 f f 3 I ( I f 3,086,352.00 I f 4,262,841.37 fI, f IF IND f f' S I 3 I.' 1 I 4 1 i .. 1,755,000.00 i 5,463,000.00 ({ . 't INS ; 2 ; 3 i 6 is i 1 ;: I i 135,000.00 f 200,000.00 f 84,000.00 {{ : {{ AGR 1 4 f 8 f 1 f 4 (: 3 f S7,000.00 f 145,100.00 : ( 2S4,000.00 II �� � I I 5 1 1 2 I I f 1,364,761.00 ( II 1,500.00 HYD ( 1 I 1 I i 1 f I i i 101,000..00 1 101,000.00 i 867,600.00 . PLM f f 4 f 17 (: f {. { { 6,300.00 f 314,386.63. {f f I PEN I I I ( I I I II OEM 6 { 15 1 9 ► I I 1 I 1 II 11 f{I SUB-TOTAL f I 10 f 58 I ' S7 f 3 f 15 f' 7 f 293,000.00 1 6,658,513.00 I 11,247,328.00 f' fL TOTAL { 94 f 368 I 456 fj 78 f 264 I, 306 f 6,877,963.00 f ;31,449,406.00 f 41,364,883.00 {f II:BP FEES. f 72,832 f 317,745 f 566,133 II II PP FEES I I 200 { 3,445 1 11 Summary of Residential Unite by Geographical Areas I) 11 based on Building Permits Issued. Printed on 98.06.05 at 10229 II II Current Year Figures to the End of 98.05.31 II I r II URBAN AREAS RURAL AREAS HAMLETS IL 11 YEAR I BOWM I COUR 1 I NEWC I WILM ( ORON I DARL 1 CLAR I BURK I ENFI I ENNI I RAMP I HAYD 1 KEND 1 KIRB I LESK I MAPL I MITC I NEWT I SOLI ( TYRO I TOTALI II 76 1 239 i 2 I 5 I 1 3 I 19 ( 18 1 ( 1 1 1 2 I 1 1 I 1 1 3 I I 3 I 1 I I 1 ( 299 'IF 77 118 I 2 ( 11 I I 7 I 29 I 26 I I I I 2 I 2 ( 2 I I 1 I I 2 I 1 ( I I 203 II II 78 I 1 13 I 2 1 2 ( ( 45 1 19 1 25 1 1 I 1 1 1 I ( ( 1 1 1 ( I 5 I 2 I 2 I I 119 II II 79 1 1 I 2 i 7 I I I 25 1 22 I I I I I I 1 ( I 3 i ( 1 I I 1 I I 63 1 II 80 ( 3 1 2 I 47 I I 1 I 19 12 I I I I I I I I i I I I I 3 1 1 1 1 88 II 81 1 1 I I 3 1 ( 2 1 28 1 25 1 1 I 1 ( I 1 I 1 ( 1 I ( 2 1 1 7 I 2 I 73 II 11 82 1 60 1 1 1 5 I I 1 1 24 1 14 1 1 I I I i I 1 I I I ( 1 I 2 1 5 1 114 11 u 83 1 10 1 2 1 7 I I I 32 I 18 ( 2 1 1 2 1 3 I 3 I I I I 1 3 i 1 I 1 1 I 84 II 11 84 1 9 1 36 1 4 1 107 ( 6 1 43 1 15 I 3 I 1 1 1 2 ( 1 I ( 1 ( 1 I I 1 4 I 7 I 239 II 85 I 61 1 276 1 26 1 118 1 4 ( 46 1 22 1 9 I 'I 1 I 3 1 3 I I I 1 2 I 1 I 1 1 4 I 576 11 86 I 1 125 1 579 1 105 1 173 ( 2 1 82 1 33 I 18 I ( 9 ( 7 1 4 1 ( I 1 2 I 3 I 1 5 I 4 1 11151 II II 87 I 1 365 1 670 1 26 1 137 1 3 1 111 1 45 1 12 I 1 14 1 5 1 4 1 1 1 1 1 1 1 1 I 1 5 I 2 1 (1402 II u 88 I 1 347 1 633 1 317 ( 64 1 2 1 123 1 44 I 21 I 1 15 1 4 1 1 1 ( ( ( I I I 11 1 11582 II 11 89 I 1 181 ( 697 1 262 1 42 1 - 1 1 77 1 49 1 11 ( 2 1 21 1 8 1 1 I I I 1 1 1 2 1 4 1 1 11359 1 II 90 1 199 ( 305 1 28 1 6 I 1 25 1 20 1 5 1 1 4 1 1 I I I 1 I I i 2 1 I 594 II 11 91 I 1 433 1 255 1 46 1 2 I 1 I 15 I 11 1 1 I 1 2 1 1 1 1 1 1 I I I I 1 1 2 1 1 771 II II 92 I I 532 1 204 1 22 1 10 1 3 I 14 16 1 1 I 1 1 1 1 1 1 1 1 I I 1 I 1 1 1 1 1 797 11 II 93 I 1 301 1 232 1 6 I 10 1 3 1 9 6 1 3 1 572 II 94 ( 406 1 388 1 4 1 10 1 2 i 11 ( 8 i 2 I 1 1 1 ( 1 1 I I 1 I ( I 1 1 1 834 » 1 «> 1 1 1 1b I 1 1 21 1 7 1 1 1 1 1 1 1 1 I I I ( 2 1 I ( 447 1 II II 96 1 217 I 331 1 3 1 16 1 1 17 ( 10 I 1 1 3 1 2 I I 1 I I 1 I 1 I I 1 2 601 it II 97 1 423 i 295 1 5 i 21 I 1 19 1 20 1 2 1 3 ( 7 I 2 1 2 1 1 1 1 ( ( 1 ( 1 I ( 801 11 I II 98 1 140 1 84 1 1 1 9 1 I 7 1 7 1 1 1 I 1 1 I I I I I I 1 I I 1 250 j t J J ff YEAR f j RESIDENTIAL ! j COMMERCIAL : f INDUSTRIAL' j AGRICULTURAL 1 { INSTITUTIONAL (.GOVERNMENT ONT HYDRO f TOTAL. f� ') 79 f 4,672,000.00 f 5,'.981,000.00 j 4,100,000.00 j 412,000.00 j 87,000.00 j. f , j 15,252,000.00 80 4,618,000.00 j 832,000.00 ( 2,505,000.00 f 101,000.00 j 4,291,000.00 { j 2,814,000.00, ] 15,161,000.00 j) 81 f 5,341,000.00 ( 467,000.00 f 866,000.00 f 156,000.00 j 246,000.00 f 86,478,000.00' ] 93,554,000.00 f� 'f 82 ( 6,260,000.00 j 718,000.00 j 256,000.00 j 127,000.00 f 1,506,000.00 f; 7,466,000.00 f 16,333,000.00 jf Q 83 i ( 6,561,000.00 j 1,274,000.00 j 246,000.00 j 114,000.00 f 2,278,000.00 j: { 7,281,000.00:( 17,754,000.00 �. u 84 ( 13,450,000.00 j 1,262,000.00 ( 1,885,000.00 j 120,000.00 j 445,000.00 f': 7,300,000.00]( 24,462,000.00 �f !'f 85 i 29,859,000.00 j 1,299,000.00 j : 786,000.00 j 100,000.00 j 1,719,000.00 f 1,330,000.00 j 630,000.00,] 35,723,000.00 86 1 65,010,000.00 j 2,247,000.00 f 3,071,000.00 ( 184,000.00 f 839,000.00 j ',1 1,770,000.00'.) 73,121,000.00 I{. If 87 ) 90,705,000.00 f 4,619,000.00 j 4,165,000.00 f 231,000.00 j 2,063,000.00 j 7,995,000.00 3,095,000.00..{ 112,873,000.00 jf 88 1 137,773,000.00 2,901,000.00 j 5,627,000.00 ( 160,000.00 j 14,207,000.00 1 j 1,439,000.00'] 162,107,000.00 ff 'j 89 ( 148,434,000.00 j 3,149,000.00 j 34,157,000.00 j 50,000.00 j 8,224,000.00 f ' 6,868,000.00 24,139,000.00 ) 225,021,000.00 f{' 90 j 57,581,350.00 j 1,526,000.00 { 2,948,0001.00 j { 4,145,000.00 j 3,678,000.00 430,700.00 70,309,050.00 'f 91 j 65,698,000.00 j 3,859,300.00 f 1,324,000.00 f 438,000.00 { 551,000.00 f 17,000.00 1,521,SOO.00 f 73,408,800.00 Ili 92 '. f 67,166,310.00 f 3,577,750.00 j '186,000.00 f 412,000.00 j 1,389,000.00 f 5,585,000.00 ( 21,413,500.00..j 99,749,560.00 ff ij 93 1 S2,220,000.09 - 5,109,000.00 ( 7,000.00 f 733,500.00 j ' 5,183,000.00 f 428,000.00 ] 705,500.00!) t 64,386,000.00 I� 94 Sj 72,461,955.00 j 1,216,700.00 f 1,836,000.00 f : 276,100.00 j 1,258,500.00 j ', 1,975,000.00 f. 1,816,750.00!] t -�) 80,861,005.00 jf 95 ) fi t 41,455,602.25 j , 3,478,800.00 j , SSI,000.00 j t ! 584,900.00 j 10,469,000.00 j '.. 359,000.00 ) 136,500.00:] 57,034,802.25 1� 96 'j 56,047,370.00 1 4,164,405.00 ( '610,000.00 ( ': 596,500.00 f 211,500.00 f S,083,1000.00 951,705.25,( 67,664,480.25 ff: Q 97 "j 72,334,758.00 ( 15,648,385.87 f 12 615,000.00 j 698,000.00 j 8,129,700.00 f 4,372,388.00 ( 1,677,600.00 j 115,475,831.67 'f 98 j 24,790,893.00 f 3,:086,352.00 j 1,755,000:00 f 145,100.00 f ,: 200,000.00 ( ! 1,364,':761.00 j.: 101,000.00;( 31,443,106.00 ff . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: ' File# Date': JUNE 22, 1998 Res. # Report#: WD-36-98 File #: By-Law# Subject: WASTE MANAGEMENT—PILOT PROJECT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report WD-36-98 be received; 2. THAT Report WD-36-98 be approved FORTHWITH and forwarded to the Council of the Region of Durham for consideration at their meeting of June 30, 1998; and 3. THAT the Council i of the Region of Durham be requested to approve,in principle,the concept of the Municipality of Clarington being allowed to carry out a three-year pilot project for the handling of Municipal solid waste by the Wet/Dry method. Upon approval in principle,it is requested that the matter be referred to Regional staff in order that they may take the summer months to negotiate with the two contractors that presently handle Clarington's Waste Disposal and Blue Box Program,on behalf of the Region of Durham. Council should further request that the Council of the Region of Durham deal with this matter in a final forum'at its first meeting in September of 1998 so that the Critical Path,laid out in this report,may be adhered to. REPORT 1.0 ATTACHIVIJENTS No. 1 Report WD-20-98 " 2.0 BACKGROUND 2.1 On Monday,March 23, 1998, at a regular meeting of the General Purpose and Administration ' Committee, Committee passed Resolution#GPA-184'-98 which states: "THAT Council endorse the"wet/dry"waste management concept; AE.+CEEC� PAPIEx i 1 1 2" Pfn PECYCEE REPORT NO.: WD-36-98 PAGE 2 THAT Council authorize the Chief Administrative Officer and appropriate staff to investigate the opportunities open for Clarington to enter into a wet/dry waste management program; THAT the Chief Administrative Officer be requested to arrange a tour of the wet/dry facility for Members of Council; and THAT paragraph 2 of Report WD-20-98 be tabled until such time as a report on a wet/dry management system has been presented to Council." "Paragraph 2"actually refers to Recommendation#2 in Report WD-20-98. Recommendation#2 requested"THAT Council petition the Region of Durham to allow the Municipality of Clarington to assume the responsibility for waste disposal in Clarington". _ 2.2 Definition of a Wet/Dry Waste Management System A Wet/Dry Management System has the goal of recovering as much useable material as possible from the waste stream. Residents separate their waste products into two different types—wet and dry. Wet waste is any material that is organic in nature, such as food and yard wastes, as well as materials such as soiled papers, floor sweepings and ashes. These materials can be converted into useable products through biological processing such as composting. The remaining materials are dry wastes,which include traditional recyclables such as paper, plastics, glass and cans, along with newly recyclable materials such as clothing, milk cartons, and tetra pak containers. The processing of both streams involves separating out the contaminates that are neither compostable nor recyclable. These contaminates are the process residual which is sent to landfill. There are a few municipalities in Ontario that currently operate Wet/Dry recycling programs. The City of Guelph conducted several years of pilot testing prior to constructing a full Wet/Dry system in 1995. Northumberland County has been collecting waste in a Wet/Dry System since 1996, but is currently processing just the dry waste and landfilling the wet stream. The Town of Tillsonburg and the Town of Aylmer also process their waste through a WeUDry Management System. 1H3 REPORT NO.: WD-36'-98 PAGE 3 The two distinct waste streams are placed in blue boxes,coloured bags or carts depending on the preferred type of collection container chosen by the municipality. Yard waste may either be a special collection for composting or may be included in the Wet stream. Bulky items would be collected on special collection days and recycled. No changes are proposed for the disposal of Household Hazardous Waste such as: -paints -oils -household cleaners -household chemicals -aerosol spray cans -bleach -syringes -insecticides -ammunition These items would continue to be the residents'responsibility to take to an appropriate drop off location(presently Ritson Road Transfer Station or Cartwright Transfer Station). 2.3 Objectives of the Wet/Dry Pilot Project The objective of the pilot project is to determine the feasibility of the Municipality of Clarington adopting a Wet/Dry Waste Management System. In order to be feasible,a Wet/Dry System would have to achieve two things for the Municipality: i) To substantially improve the landfill diversion rate,from the existing 24%to substantively in excess of 50%within the first year of the pilot project. ii) To accomplish the conversion to a Wet/Dry System in a cost-effective manner. It is expected that the adoption of a Wet/Dry System will result in a substantial increase in the amount of waste diverted from landfill. It is further expected that a cost-effective waste management system will be attained. In fact,our research shows us that a Wet/Dry System will not only be cost-effective,it will operate at a reduced cost to the resident. 2.4 RECENT ACTIONS OF STAFF As directed in Council's approval of Report WD-20-98,Staff organized a tour of the multi- material recycling facility in the County of Northumberland. - 1' 114 REPORT NO.: WD-36-98 PAGE 4 Staff also contacted a number of municipalities and private sector companies that are presently carrying out Wet/Dry Waste Management. 2.4.1 List of Interested Participants Preliminary discussions and investigations, to date, include the following interested participants: i) County of Northumberland Material Recovery Facility ii) Northwood Recycling and Energy Inc. iii) Guelph Wet/Dry Recycling Centre iv) T.C.R. Environmental Corporation—Aylmer,Ontario v) Miller Waste Systems vi) Canadian Waste Services Inc. 2.4.2 County of Northumberland Multi-Material Recycling Facility The County of Northumberland has indicated an interest in receiving and processing Dry waste from the Municipality of Clarington. In this scenario it is proposed that the Dry waste will be tipped at the Clarington Transfer Facility and transferred to the Northumberland Multi-Material Recycling Facility at Grafton for processing. 2.4.3 Northwood Recycling and Energy Inc. Correspondence received from Northwood Recycling constitutes a letter of commitment to the pilot project. Northwood has a bio-conversion processing facility currently underway in Oshawa and is prepared to commit to processing the Wet side of the Wet/Dry pilot project. The commitment of Northwood includes the responsibility to handle the Wet even in the event that the facility is not operational in time to commence the pilot project, and includes disposal of wet residual. Whereas most"wet waste"handlers provide an end product that results from composting, Northwood Recycling use a method that results in the production of pellets that are made up of fat and protein and are sold to animal food manufacturers. The Northwood proposal also includes a Dry waste handling facility. The advantage of Northwood's proposal is that the collection vehicles would transport the two streams directly from the collection routes to the Wet/Dry waste handling facility, thereby eliminating the necessity for the vehicles having to tip each load at two locations. - 1 -115 REPORT NO,: WD-36-98 PAGE 5 2.4.4 + Guelph Wet/Dry Recycling Centre The City of Guelph owns and operates a Wet/Dry Waste Management Facility, which is a high quality, first'-generation facility that achieves a diversion rate from landfill in the area of 75 to 80%. 2.4.5 T.C.R. Environmental Corporation Aylmer,Ontario' The Municipalities of Tillsonburg and Aylmer receive a Wet/Dry Waste Management Service from T.C.R. Environmental Corporation,a company operating a full service Wet/Dry process that diverts 80% from landfill. Located in Aylmer,T.C.R. is licensed to receive Wet/Dry waste from anywhere in Ontario,and are planning to expand to other areas of the province as the demand for Wet/Dry service expands.' 2.4.6 Miller Waste Systems Miller Waste Systems presently operates the Blue Box Program for the Region of Durham whereby recyclable items such as glass,plastics,newsprint,cans and cardboard are collected twice monthly and recycled. The cost to the Region for the collection service is $370,000 in addition to processing costs. 2.4.7 ' Canadian Waste Services Inc. Canadian Waste Services Inc.presently holds the contract for collection for the Municipality of Clarington,as well as a contract for operating the Clarington Transfer Station. Canadian Waste has contracted with the Region of Durham for the haulage and disposal of Clarington waste by way of its landfill site in Napanee. The cost to the Region for haulage and disposal is$66.25 per tonne. 2.4.8 Region of Durham Region of Durham staff,through preliminary discussion and press reports, are aware of the proposed Wet/Dry pilot project. Their co-operation is vital to the success of the program,since the Region of Durham Act assigns the responsibility for disposal solely to the Region. In order to implement the project,certain contracts such as those for tipping and collection with Miller Waste and Canadian Waste,will require revisions and changes. Upon the approval of this report, staff will enter into discussions with the Region staff in an effort to overcome the inherent obstacles presented by the existence of the Regional contracts. No talks have taken place at this 1116 REPORT NO.:. WD-36-98 PAGE 6 time other than exploratory discussions, however, it is hoped that such discussions and negotiations could take place over the summer months in order to have Regional staff report to Regional Council at its first meeting in September, 1998, which would allow the project to meet the critical path referred to in Section 3.3 of this Report. 3.0 REVIEW AND COMMENT 3.1 Converting to a Wet/Dry Waste Management System involves extensive public education to ensure that all residents are aware of the changes that are occurring in the waste system and how the changes will affect the way in which they prepare their garbage. By following the critical path,referred to in Section 3.3 of this Report, such an education and awareness program could be carried out. Additional costs should be budgeted for advertising and promotion for the first year that the program is operating. This program would be vital to the success of the project and the Municipality would be best served by contracting this educational/informational program to a professional team that has proven success in this field. A key component in assembling the material for distribution is the waste calendar, which would be included in the advertising and promotional literature for distribution. 3.2 Term of the Pilot Project The term of the pilot project is proposed to be 3 years, commencing April 30, 1999. The Municipality's present collection contract expires December 31, 2001 and the Region's contract for Blue Box collection expires January 31, 2002. The Region's disposal contract with Canadian Waste for Clarington's garbage expires December 31, 2000 and the lease on the Clarington Transfer Station with Canadian Waste expires December 31, 2002. The proposed Pilot Project involves substantial investment on behalf of the various parties involved. In order to make the project economically viable, a minimum of 3 year's operation is required. 3.3 Critical Path In order for the Pilot Project to achieve the desired results, it is imperative that certain dates and criteria be met. Without the critical path being met,then the Pilot Project becomes less attractive. - 1117 REPORT NO.: WD-36-98 PAGE 7 In particular,delays in tinning would result in capital investments being written off at an accelerated rate,resulting in increased costs to operate the program. Further to the critical path time constraints,the ideal time to terminate the Pilot Project is the early spring of the year 2002. The Region of Durham Blue Box collection program terminates at approximately that time,along with the Region contract for processing the blue box materials. Clarington's contract for waste collection also expires in that time frame. Critical dates are proposed as follows: Report WD-36-98(FORTHWITH) June 22, 1998 Region Approval(In Principle) June 30, 1998 Region Authorization September 9, 1998 Tender Call September 16, 1998 Tender Award October 19, 1998 Wet/Dry Implementation April 30, 1999 Wet/Dry Pilot Project Termination April 30,2002 4.0 CONCLUSION AND RECOMMENDATIONS Staff have investigated and find that the Wet/Dry process is feasible and a Pilot Project of 3 years, terminating at approximately the same time as the Miller Waste contracts with the Region of Durham,would be advisable. Staff have found that the Dry stream can be processed for costs ranging from as low as$50 per tonne to a high of$78. Processing would take place at various facilities located from as close as Oshawa to as far away as Aylmer,Ontario. Staff are of the opinion that,if given approval to proceed,the Wet may be processed in either of two methods... One being composting or secondly pellitizing as done by the Thermo-Tech process in the Northwood Recycling Facility. As well,costs for the Wet vary from$50 to$78 however,in some of the scenarios, transportation costs would be extra. 111 .8 REPORT NO.: WD-36-98 PAGE 8 Staff investigations have found that a marked increase in the landfill diversion rate would be achieved, increasing from the 24%currently achieved by the blue box and yard waste to as high as 80%. The costs of disposal will be much less than the $96 per tonne, which is the approved rate for 1999 to be charged by the Region of Durham. The anticipated drawback to the Wet/Dry process is the increased costs of collection. Tile actual amount of the increase depends on the location of the tipping facility, and is subject to negotiations after all the various cost factors have been confirmed. If the Pilot Project is approved by the Region of Durham, staff, upon receiving direction from Council and being given the authority,will then report back to Council and make specific- recommendations as to how the wet/dry process be put in place in keeping with the critical path laid out in this Report. Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W.H. Stockwell, Director of Public Works Chief Administrative Officer SAV*DP*ce 1119. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION "COMMITTEE File# Res. Date: MARCH 23 , 1998 Sy-Law# Report#: File #: Subject: WASTE MANAGEMENT SERVICES FOR THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that the General' Purpose' and Administration Committee recommend to Council the following: 1 . THAT Report WD-20-98 be received; - 2 . THAT Council petition the Region of Durham to allow the Municipality of Clarington to assume the responsibility for waste disposal in Clarington;; 3 . THAT Council endorse the "wet/dry" waste management concept and 4 . THAT Council' authorize the Chief Administrative Officer and appropriate staff to investigate the opportunities open for Clarington to enter into a wet/dry waste management program. REPORT 1. 0 ATTACHMENTS No. '1 : "A Study of Waste Management Services and Options for the Municipality of Clarington" by Russell Environmental Services No. 2 : Proposed Preliminary 1998 Solid Waste Management Budget Summary �s sot.. °•ww�' t 1 '� ATTACHMENT NO.: 1 rITTATT 1TA _ _ REPORT NO. : WD-20-98 PAGE 2 2 . 0 BACKGROUND 2 . 1 In February of 1991, the Minister of Environment and Energy announced a plan aimed at reducing the amount of waste going to landfill, by at least 50%, by the year 2000 as compared to the base year of 1987. 2 . 2 The Region of Durham recently released Joint Report #98-J-3 recommending that the Region reduce the amount of subsidization for waste management programs in 1998 and eliminate it completely for 1999. The recommendations contained in Joint Report #98-J-3 will have a major impact on the cost of waste disposal to the Municipality of Clarington. The proposed change in the Waste System Rate from $63- per tonne to $86 per tonne represents a 36.5% increase in cost . This cost increase becomes particularly significant when one considers that the Municipality of Clarington has facilitated the purchase and 'construction of our own transfer station which the Region utilizes at the cost of $66.57 per tonne for all municipal tonnes entering the station. Owning it' s own transfer station makes Clarington unique among other municipalities within the Region of Durham. The $63 per tonne fee is included in the flat rate of $101 charged on the municipality' s 1997 ta) bill . The flat rate charge is made up of a municipal charge of $42 for collection and $59 for disposal, recycling and composting. REPORT NO. ; WD-20-98 PAGE 3 2 .3 i Since January of 1998, residential waste is now being accepted at the Municipality of Clarington' s Transfer Station". Canadian Waste Services is in contract with the Municipality of Clarington to operate 'the 'Transfer Station. 2 .4 On Monday, February 16, 1998, at a regular meeting of the General Purpose and Administration Committee, Committee passed ' Resolution #GPA-11$-98 which states: "THAT, in light of 'proposed' changes to the Region of Durham's Solid Waste Management System, a consultant be retained, FORTHWITH;, by the Municipality to- do an independent audit of the Municipality's present operations as well as identifying other options that Clarington may consider regarding the handling and disposal of' all "municipal waste; "' 3 .4 REVIEW AND COMMENT 3 . 1 Russell Environmental Services Russell Environmental Services was hired by the Municipality of Clarington to review the current waste management services that are being offered to the residents of Clarington and to identify other options the municipality may consider for the handling -and processing of all municipal waste. The study from Russell 'Environmental Services, as set out in Attachment No. 1, includes the following Part 1 : Executive Summary and Introduction Part 2 : An analysis of the current waste management services that are being offered in the municipality and compares the costs of providing those services with the costs being incurred in other similar municipalities. ' REPORT NO. : WD-20-98 PAGE 4 Part 3 : Other options that the municipality may wish to consider for the handling and processing of municipal waste, and compares those programs on the basis of waste diversion and the cost to provide the service . Part 4 : Study conclusions as well as suggested next steps which may be considered by the Municipality of Clarington in developing their waste management strategy. 3 . 2 As outlined in the Russell Report, the Region of Durham' s overhead for managing municipal waste is estimated at 11. 8% of the total billable tonnes of waste that are handled by the Region of Durham. The majority of this Regional overhead covers a proportionate share of the Region' s Finance, Human Resources, Legal and Information Services departments . This overhead would not be necessary if the service were provided at the municipal level by Clarington. The Region of Durham Act gives the authority and responsibility for disposal of waste to the Region of Durham. The Russell Report points out that savings could be achieved if the Municipality of Clarington were given the responsibility for disposal of municipal waste. Being in the unique position of owning a transfer station, the Municipality of Clarington is capable of providing all of its own waste management systems. 3 . 3 With the Transfer Station in operation, royalty revenues are being received by the municipality on a monthly basis from the Transfer Station for waste received over and above Clarington' s own residential waste. Since the property is owned by the municipality, a monthly rent fee is also 1 1 ') 7 REPORT NO. : WD-20-98 PAGE 5 collected from Canadian Waste Services. The budgeted revenue in 1998 for these fees is $37, 000. , 3 . 4 To achieve the goal of reducing the amount of waste going to landfill by 50% by the year 2000 as compared to the base year of '1987, the Russell Report identifies that there are more efficient methods of collecting; municipal waste than the programs currently in operation within the municipality (i.e. wet/dry waste processing) . An explanation of the specifics of a wet/dry waste management system is given in Section 3 . 0, page 13, of the Russell Report. 4 .0 CONCLUSION 4 . 1 The Municipality of Clarington,s waste diversion rate, through the Regional diversion programs, is presently holding at 240 . If Clarington continues with the existing program, it is not expected that the municipality will meet the provincial goal of 50% diversion from landfill by the year 2000. If the Region of Durham allows Clarington full responsibility for disposal of municipal waste, an analysis of+ four different waste management systems by Russell Environmental Services indicates that a full wet/dry waste management system is preferred both on the basis of cost and waste diversion. It is concluded that Council should petition the Region of Durham to give the Municipality of Clarington'authority to assume the responsibility for waste disposal in Clarington. Under Option 3, the Municipality of 'Clarington would fully assume the responsibility for all waste management programs and implement a system involving dry waste processing (collection and disposal) and only disposal of wet waste. It . is our understanding that the County of Northumberland Material Recovery Facility (MRF) ; is operating with I. A REPORT NO. : WD-20-98 PAGE 6 considerable spare capacity that would allow Clarington to immediately dispose of their dry waste at this location. Wet waste would continue to be processed through the Municipal•ity, s transfer station. It is recommended that staff be authorized, based on Option 3, to investigate and pursue the opportunities open for Clarington to enter into a wet/dry waste management program. Region authority for Clarington to assume the responsibility for waste disposal, when combined with the other above mentioned recommendations, should greatly increase waste diversion from landfill, as well as achieve considerable cost savings for the Municipality. Respectfully submitted, Reviewed by, Step en A. Vokes, P. Eng. W. H. Stockwell Director of Public Works Chief Administrative Officer ie Marano, H.BSc. ,AMCT. , Treasurer GA*SAV*ce March 18, 1998 Attachments (2) H11H4ri11ri1V1 lYV. 1 ' REPORT NO. WD-2i-98 A STUDY OF WASTE MANAGEMENT SERVICES AND OPTIONS FOR THE MUNICIPALITY OF'CLARINGTON March 1998 Russell Environmental Services 51 Forest Hill Drive Cobourg, Ontario K9A 4J9 tel: (905) 372-1424 fax: (905) 372-3757 a Executive Summary Responsibility and authority for providing waste management services within the Municipality of Clarington is shared between the regional and municipal levels of government. The Region of Durham administers programs for waste disposal, blue box recycling, household hazardous waste, and leaf and yard waste composting. Clarington provides services for the collection of municipal waste, yard waste and Christmas trees. Clarington also owns and contracts for the operation of a transfer site. The Region of Durham recently released Report 98-J-3 which recommends that the Region reduce the amount of subsidization for waste management- programs in 1998, and eliminate it completely in 1999. This would result in a $23 per tonne (36.5%) increase in disposal and recycling rates effective January 1998, and a further$7 per tonne(11%) increase effective January 1999. The true cost of each of the waste management programs being administered by the Region of Durham is as follows: $90 per tonne for waste disposal $75 per tonne for blue box collection and processing A. $182 per tonne for transfer stations and household hazardous waste J. $64 per tonne for yard waste composting The Region of Durham is proposing that the standard waste management fee for all of the above programs be $86 per tonne in 1998. Based on this proposed rate of$86 per tonne, the cost per household for waste management programs in the Municipality of Clarington will be close to benchmarked costs that were calculated from data from over 60 similar municipalities. Clarington would incur a slightly higher than average cost for waste disposal and waste collection, and a slightly lower than average cost for recycling and composting. 1 1 ' 7 The following options for waste management systems were analyzed on the basis of cost and waste diversion: 1. Continuing with the existing system for waste disposal, blue box recycling, yard waste composting, transfer stations and collection. 2. Continuing with the Regional diversion programs, but contracting directly for the disposal of municipal garbage. 3. Providing all waste management services on a municipal level including "dry"waste processing and disposal of"wet"waste. 4. Providing all waste management services on a municipal level, including "wets and!"dry"waste processing. The last option, whereby Clarngton would contract for a'full weYdry processing system, was determined to be the lowest cost and to have the highest potential for waste diversion. j ALE OF Executive Summary PAGE 1.0 INTRODUCTION 1 2.0 ANALYSIS OF CURRENT SYSTEM 3 2.1 Region of Durham Costs 4 2.2 Waste Disposal................................................................................................7 2.3 Blue Box Recycling.........................................................................................9 2.4 Yard Waste Composting...............................................................................10 2.5 Household Hazardous Waste.......................................................................10 2.6 Waste Collection 11 3.0 OPTIONS FOR WASTE MANAGEMENT SERVICES......................................... 3.1 Continue with the Existing System...................................... 14 3.2 Contracting Garbage Disposal............................................ 16 3.3 Contracting for Dry Waste Processing/Wet Waste Disposal­**­***.......................17 3.4 Contracting for Wet and Dry Waste Processing...........................................19 4.0 CONCLUSIONS AND NEXT STEPS.......................................................................23 LIST OF TABLES TABLE I Waste Collection Cost/household/year....................................................12 TABLE 2 Annual Cost of Existing Waste Management System..............................15 TABLE 3 Annual Cost of System with Clarington Contracting For Garbage Disposal......;.......................................16 TABLE 4 Annual Cost for Dry Waste Processing/Wet Waste Disposal.................19 TABLE 5 Annual Cost for Wet and Dry Waste Processing.....................................20 TABLE 6 Comparison of Waste Management Systems..........................................23 LIST OF FIGURES FIGURE 1 True Cost for Waste Services................ 8 FIGURE 2 Comparison of Waste Management Systems..........................................22 APPENDICES APPENDIX A- List of Municipalities Used in Benchmarking Exercise A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington 10 INTRODUCTION The Municipality of Clarington is located in the Region of Durham, 80 kilometres east of the City of Toronto. The Municipality was formed by the amalgamation of the former communities of Bowmanville, Newcastle, and Courtice and the Townships of Darlington and Clarke. Clarington is a mix of fast-growing urban areas, and open rural areas. The current population of Clarington is approximately 60,615 people representing 19,800 households. The land a=rea covers 576 square kilometres. There are a variety of waste management services available to the residents of Clarington including weekly garbage collection, bulky waste pickup, biweekly blue box collection„ yard waste collection, and household hazardous waste drop-:off depots. Responsibility and authority for providing waste management services within Clarington is split between the Region of Durham and the Municipality of Clarington. The Region administers programs for waste disposal, biue'box recycling, household hazardous waste, and leaf and yard waste composting. Clarington provides services for the collection of municipal waste, yard waste and Christmas trees. Clarington also owns and contracts for the operation of a transfer site. The Region of Durham recently released Report 98-J-3 The Annual Review of the Solid Waste Management System and the Applicable 1998 Preliminary Current and Capital Budgets and Related Financing. Report 98-J-3 indicates that in 1997, almost 40% of the cost of the waste management programs administered by the Region was funded from a solid waste management reserve fund. As of January 1998, the reserve fund has been reduced to $8.2 million. If the current level of subsidization continues, the fund will be depleted in just over a year. This would result in a significant increase in waste management!costs with no reserve fund for the development of long term waste facilities. The main recommendation of Report 98-J-3 is that the Region reduce the amount of subsidization for waste management programs in 1998, and eliminate it completely in 1999. This would result in a $23 per tonne (36..5%) increase in disposal and recycling rates effective January 1998, and a further$7 per tonne (11%) increase effective-January 1999. 1 1 1 � n A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington Subsequent to the release of Report 98-J-3, the Municipality of Clarington commissioned this study to review the current waste management services that are being offered to the residents of Clarington and to identify other options the municipality may consider for the handling and processing of all municipal waste. Part 2 of this report provides an analysis of the current waste management services that are being offered in the municipality and compares the costs of providing those services with the costs being incurred in other similar - municipalities. Part 3 outlines other options that the municipality may wish to consider for the handling and processing of municipal waste, and compares those programs on the basis of waste diversion and the cost to provide the service. Study conclusions are reported in Part 4, as well as suggested next steps which may be considered by the Municipality of Clarington in developing their waste management strategy. 2 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of clarington 2 0 ANALYSIS OF THE CURRENT SYSTEM The analysis;of the current waste management system includes a review of both the costs incurred for waste management programs at the Regional level, as well as the fees that the Municipality of Clarington pays for waste management programs.. Section 2.1 reviews the Regional waste management budget to determine-the costs that are included in the standardized waste management fees and to determine the"true cost"of each of the Regional programs.The remaining sections compare the costs for waste management programs being incurred by the Municipality of Clarington with benchmarked costs from similar municipalities in the Province of Ontario. This comparison is based on the proposed 1998 waste management fee of$86 per tonne. It has been recommended that waste management fee be further increased to$93 per tonne in 1999. The current waste management system for the Municipality of Clarington has been analyzed under the broad topics of waste disposal, blue box recycling, yard waste composting, household hazardous waste, and waste collection. The costs that will be incurred by the Municipality of Clarington with an $86/tonne standard waste management fee have been calculated on a per household basis. These costs were then compared to benchmarked costs that were developed by R. Cave and Associates.and Ernst& Young in 1997, and are reprinted here with permission`from Richard Cave. Data from over 60 municipalities of'comparable size and urban/rural mix to that of the Municipality of Clarington was incorporated into the calculation of these benchmarked costs. The list of municipalities that were included in the benchmarking exercise are included in Appendix A. L The waste management program in the Municipality of Clarington consists of a r curbside blue box program for recyclables, collection and composting of yard waste, and disposal of the remaining waste stream. Residents also have access to transfer stations that accept]general waste materials and household hazardous wastes. In 1997, a total of 17,233 tonnes of waste was handled by- the municipal system, of which 19%was recycled, 5%was composted, and the remaining 76% was landfilled. The waste that is dropped off by the public at r transfer stations is not included,in the diversion rate calculatio:is for the purpose _ of this report. 3 ' P 1 1 , � i I ' - 1 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington E i 'i The Municipality of Clarington is somewhat unique in that it contains a fairly 1 large rural area, yet is in close proximity to the main urban centre of Ontario. For this reason the municipality offers a standard of waste service that is not typical of most rural municipalities. All of the 19,800 households receive weekly garbage collection, biweekly blue box collection and frequent yard waste collections. The high cost of providing curbside collections in rural areas discourages many rural municipalities from offering these services. This should be kept in mind when comparing the cost of the Clarington waste management j programs with the benchmarked costs for other municipalities. ' 1 2.1 REGION OF DURHAM COSTS The Proposed Preliminary 1998 Solid Waste Management Budget Summary for the Region of Durham is included in Report 98-J-3. This budget outlines the anticipated costs for the Region of Durham to handle a total of 171,160 billable tonnes of material in 1998, which consists of. 119,470 tonnes of municipal solid waste 26,170 tonnes of municipal recyclables 8,520 tonnes of municipal compostables 17,000 tonnes of materials accepted at transfer stations and other facilities In the Region of Durham the costs for handling and disposal of the above waste quantities is charged to each of the municipalities based on a standard waste management rate for each tonne of waste generated. Even though each of the programs costs a different amount to implement, the Region standardizes the cost which results in one tipping fee which is used for all of the programs. The same fee is charged for the disposal of waste, the collection and processing of recyclables, and composting of yard waste. This section will determine the "true cost" of each of these programs without standardization or subsidization. The various components of the costs for the programs will also be determined. t 4 133 n A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of CWngton Disposal The Region anticipates that the cost of landfilling municipal solid waste in 1998 will be $8,750,000. This works out to$73 per tonne, which is made up of the following: ► $48 per tonne for disposal at landfill ► $24per tonne for hauling to landfill ► $1.60 per tonne for care of closed landfills Blue Box Program The net cost for the 1998 blue box program for Durham Region has been estimated at$1,510,100 or$58 per tonne, which consists of the following: ► $103 per tonne for collection ► $46 per tonne for processing ► less$91 per tonne revenue from material sales Composting The total cost budgeted by the Region of Durham for yard waste composting in 1998 is $400,500. This cost is for processing 8520 tonnes of yard waste expected to be delivered to the composting site, at$47 per tonne. Each municipality is responsible for the collection of compostabie yard waste from within its municipality. Transfer Stations The Region operates four transfer stations that accept commercial and residential waste as well as household hazardous waste. The Region also has an agreement to allow residents to use a privately owned transfer site in Pickering/Ajax. Although some user fees are charged for the materials accepted at the transfer stations, most of the material is brought'in free to the generator. The net cost of operating;the transfer sites, after deducting user fees and the sale of materials is$2,802,000 or $165 per tonne of billable waste. This high 5 114.. A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of clarington cost is due to the fact that the sites accept household hazardous waste, which typically represents a small quantity of waste by volume but is very costly for proper handling and disposal. Because the cost per tonne for the transfer station waste is so high, part of this cost is billed to the municipalities at the standard waste management rate, while$1,340,021 of transfer station cost is included in the development of the standard waste management fee. For the sake of developing true costs for waste management services, all of the transfer station costs are included in this section. The breakdown of the cost for transfer stations is: ► $67 per tonne for transfer station operations ► $142 per tonne for transfer and disposal ► less $44 per tonne revenue from material sales and user fees -General Overhead Costs There are additional administrative and general costs that are not outlined in the above discussion of program costs. These general costs include regional overhead, facilities management, waste reduction education & promotion, and capital program costs. The Regional overhead costs amount to 11.8% of the overall waste management budget. The general overhead costs total $2,995,000 which is being spread across the 171,160 billable tonnes of waste that are handled by the Region of Durham. The general costs are $17 per tonne of billable waste as follows: ► $11 per tonne for regional overhead $2 per tonne for facilities management $1 per tonne for waste reduction education & promotion $3 per tonne for capital program True Cost of Pro rams To calculate the true cost of each of the Regional programs, the general costs are added to the specific program costs. The resultant true cost of each of the programs being administered by the Region is as follows: 6 1 13 _ ;�. A Study of Waste Management Services Russell Envirorunental Services and Options for the Municipality of Clarington • $90 per tonne for disposal $75 per tonne for blue box collection and processing $182 per tonne for transfer stations and household hazardous waste $64 per tonne for yard waste composting The cost for collection is built in to true cost of blue box recycling, whereas the cost of collection is over and above the costs listed for garbage disposal and yard waste composting. On a per tonne basis the operation of transfer stations, which includes the household hazardous waste program, is the highest cost program. Although hazardous waste collection programs typically are high cost and law yield, it is important to offer an alternative to disposing of toxic materials in with the regular garbage or sewage systems. The costs for recycling and composting in the-Region of Durham are significantly less than the cost for disposal. Overall waste management costs can therefore be decreased by increasing the material going to diversion programs. Incentives such-as public education and promotion that help to increase the amount of recycling and composting should be supported as they will also help to reduce overall waste management costs. The true costs of the waste management programs are shown in Figure 1. 2.2 WASTE DISPOSAL Waste disposal involves either depositing waste directly in an approved landfill site, or taking waste to a transfer station to be unloaded, then compacted into a transport vehicle to haul the waste to an approved site. There is just one operating landfill in the Region of Durham, and it accepts waste only from the Township of Brock. The remaining waste from the Region is delivered to various transfer stations, and is then hauled either to the Keele Valley Landfill, or to the Canadian Waste Site in Napanee. The Municipality of Clarington owns and contracts the operation of a transfer station that is located near the intersection'of Hwy 115 and Hwy 401 in the Municipality of Clarington: Canadian Waste Systems (CWS) operates the site 7 1136 Figure 1 : True Cost for Waste Services 200 150 w a� c ° 100 m 0 U 50 C- disposal blue box recycling transfer stations composting A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington and charges a rate of$66.25 per tonne to the Region of Durham for waste that is brought in from the Municipality of Clarington. The Region then charges Clarington the standard waste management rate for municipal waste. Report#98-J-3 recommends that the standard waste management rate be$86 per tonne effective January 1, 1998 with a further increase to$93 per tonne in 1999. It is expected that the Municipality of Clarington will generate 13,490 tonnes of municipal waste in 1998 to be sent to landfill. Based on a disposal fee of$86 per tonne, this will represent a cost of$58.59 per household. The benchmarked cost for waste disposal developed by Cave&Associates is$49.15 per household.The benchmark figure was developed based on data from 50 . Ontario municipalities that are similar to Clarington. _ The reason that a municipality would have a high cost per household for waste disposal is either that it generates a lot of waste per household, or the cost to dispose of the waste is higher than average. The Municipality of Clarington generated 217 kg of waste'per resident in 1997. This was the lowest waste generation rate per capita of any of the municipalities within the Region of Durham, and is 20% lower than the regional average. It is expected that the main reason that the disposal cost per household in Clarington is higher than the calculated benchmarked cost is because there are no local landfill sites that can be used by Clarington which results in extra costs for transferring and hauling of the waste. 2.3 BLUE BOX'RECYCLING The Region of Durham provides a source separated recycling program to the residents of the Municipality of Clarington. Certain materials are separated from regular waste by the residents and picked up in a blue box in front of their home every other week. The items included in the Durham recycling program are newspapers, magazines, mixed papers, boxboard, glass bottles and jars, PET plastic bottles, metal food and beverage containers, aluminum'pie plates, and cardboard. In 1997, the cost charged to the municipalities for collection and processing of recyclables was $63 per tonne. The Region has recommended that this charge be increased to $86 per tonne in 1998 and $93 per tonne in 1999. 9 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington Based on a recycling fee of$86 per tonne, and an expected recycling tonnage of 3,360, the annual cost for the 1998 curbside recycling program in Clarington would be $288,960 or$14.59 per household. This cost compares favourably to the 1996 benchmarked cost for collection and processing of recyclables of $20.04 per household. One of the likely reasons for the low cost of the Durham program is the fact that the program provides a biweekly collection as opposed to weekly collection which is common in most municipalities. Also, the Durham program has not expanded to include a number of the newly recyclable items such as plastic film, mixed plastics, and waxed cartons that currently have a low market value, therefore the program can obtain a higher overall market value for materials processed. _ 2.4 YARD WASTE COMPOSTING The Region of Durham has a contract to process yard waste that is delivered to the regional yard waste composting site. The Region then charges the area municipality the standard waste management rate for the yard waste that they bring in. Report#98-J-3 recommends that the tipping fee for municipal yard waste be $86 per tonne effective January 1998, and$93 per tonne in 1999. The municipalities are responsible for the administration and the cost for the collection of the yard waste. It is expected that the Municipality of Clarington will collect 800 tonnes of yard waste for composting in 1998. Based on the proposed composting fee of$86 per tonne, this would cost a total of$68,800 or$3.47 per household. This cost again compares favourably to the benchmarked cost from 9 similar municipalities for yard waste composting, which is $5.11 per household. 2.5 HOUSEHOLD HAZARDOUS WASTE Residents of the Municipality of Clarington can.take small quantities (less than 100 kilograms) of waste materials to the Regional transfer sites free of charge. These sites accept household hazardous wastes along with other materials such as wood, brush, drywall and tires. Each municipality p ty is assessed a portion of the cost of operating the transfer stations. The Municipality of Clarington is assessed 5.62% of the billable transfer station cost, which will amount to 10 139 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington $97,480 in 1998 or$4.92 per household. It is difficult to separate out how much of this cost is for disposal of non-hazardous items and how much is for dealing with hazardous waste products. The 1996 benchmarked cast for household hazardous waste programs in rural areas that was developed by R. Cave is$0.61 per household. This cost is significantly less than the cost per household that is being incurred for the operation of transfer stations in the Municipality of Cladrigton.A further review of the costs''that are being charged for transfer stations would be necessary to determine the reason for the cost of this program being so high. 2.6 WASTE COLLECTION The Municipality of Clarington is fully responsible for the collection of municipal waste and yard waste within its boundaries. Clarington has a very high level of collection service compared to other similar municipalities. The Municipality provides weekly curbside collection of residential garbage to approximately 19,800 stops.. Multi-residential units up to 6 apartments are also included in the municipal collection. There is a maximum number of bags per set-out of 4, and the maximum bag weight is 50 pounds. Appliances and bulky waste may also be set out for collection.:As part of the collection contract, Canadian Waste Services prepares and distributes a high quality calendar that outlines special collection days and provides other waste management promotion and education to the residents. A total of 23 yard waste collections are held during the year for the residents of Clarington. There are weekly collections of yard waste during the spring and fall, bi-monthly collections in the summer, and a special collection during the winter for Christmas trees. There is no limit to the number of bags of yard waste collected, however grass clippings are not to be included in the pickup. Clarington contracts to Canadian Waste Services (CWS) for the collection of municipal waste and yard waste. The cost for this service is as follows: $2.97 per stop per month for garbage collection $.245 per stop for yard waste collection 11 ' 40 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington ► $4000 lump sum for Christmas tree pick up The cost for garbage collection in the Municipality of Clarington is $35.64 per household. Cave&Associates determined that the 1996 benchmarked cost for waste collection from 32 urban programs was $28.90 per household, and the cost for collection from 13 rural municipalities was $33.38 per household. The cost for collection in the Municipality of Clarington is indicative of the high level of waste collection service being offered to the residents. Table 1 outlines the cost per household for the Municipality of Clarington compared to other surrounding municipalities. Tablet:Waste Collection Coststhousehol ear Municipality Cost per household Clarington $35.64 Pickering $26.99 Ajax $31.09 Whitby $39.11 Oshawa $46.31 Fsxr-,L gog $40.65 ridge $46.95 Brock $21.68` Benchmark(urban) $28.90 Benchmark(rural) $33.38 *delivered to Brock Landfill Although Clarington provides waste collection to all of the urban and rural residents of the municipality, several of the surrounding municipalities such as Oshawa and Scugog do not provide waste collection to the more rural residents. These residents take their waste themselves to one of the Regional transfer stations. Likewise several of the rural municipalities surveyed for the benchmarking exercise do not provide collection services to all municipal residents. 12 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington 3.0 OPTIONS FOR WASTE MANAGEMENT SERVICES This section will review a number of options that the Municipality of Clarington may wish to consider for providing waste management services. Each of these options will be analyzed on the basis of waste diversion and the cost to provide the service. The options that will be considered are: 'I Continuing with the existing system for waste disposal, blue box ' recybling, yard waste composting, transfer stations and collection. 2 Continuing with the Regional diversion programs, but contracting directly for the disposal of municipal garbage. 3. Providing all waste management services on a municipal level, including "dry" waste processing and disposal of"wet"waste. 4. Providing all waste management services on a municipal level, including "wet" and"dry"waste processing, Options 3 and 4 involve implementing a wet/dry waste management system. What is a wet/dry waste management system? A wet/dry waste management system is simple and has the goal of recovering` as much useable material as possible from the waste stream. Residents separate their waste products into two different types -wet and dry. Wet waste is any material that is organic in nature, such as food and yard wastes, as welf as materials such as soiled papers, floor sweepings and ashes. These materials can be converted into useable products through biological processing such as composting. The remaining materials are dry wastes, which includes traditional recyclables such as paper, plastics, glass and cans, along with newly recyclable materials such as clothing, milk cartons, and.tetra pak containers. The processing of both streams involves separating out the contaminates that are neither compostable or recyclable. These contaminates are the process residual i which is then sent to landfill. There are a few municipalities in Ontario that currently operate wet/dry recycling 13 11AI A Study of Waste Management Services Russell Environmental Services and Options for the Municipardy of Clarington programs. The City of Guelph conducted several years of pilot testing prior to constructing a full wet/dry facility in 1995. Northumberland County has been collecting waste in a wet/dry system since 1996, but is currently processing just the dry waste and landfilling the wet stream. The City of St. Thomas and the Town of Alymer also operate variations of wet/dry waste management systems. The two distinct waste streams are placed in blue boxes, coloured bags or carts depending on the preferred type of collection container chosen by the municipality. Municipalities that utilize a wet/dry waste management system often collect both the wet and dry materials on one truck that is separated into two compartments. This system of collection is called co-collection and helps to alleviate the high cost of sending out two or more separate collection vehicles. Specially fabricated co-collection vehicles can be utilized, or regular garbage collection vehicles can be converted into two-compartment vehicles by the addition of a separation plate. Converting to a wet/dry waste management system involves extensive public education to ensure that all residents are aware of the changes that are occurring in the waste system and how the changes will affect the way in which they prepare their garbage. Additional costs in the range of$60,000 should be budgeted for advertising and promotion for the first year that the program is operating. These costs are not included in this analysis as they are not ongoing annual costs. The information that has been used in analyzing Options 3 and 4 has been derived mainly from data obtained from the City of Guelph and the County of Northumberland. The results of the analysis of the various waste management systems is illustrated in Figure 2, which can be found at the end of this section. 3.1 Continue with the Existing System The waste management system that is operating in the Region of Durham is fairly typical of most Ontario municipalities. The program stems to be accepted by the residents of the municipality, and there are few restrictions on types or 14 1 1 A 7 i�. A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington quantities of waste set out for collection. In 1997, the Municipality of Clarington achieved a waste diversion rate of 24% which is considerably better than the overall provincial recycling rate of 15% of the residential waste stream(as per the Ministry of the Environment). However, ' if Claringtgn continues with the existing program, it is not expected that the municipality will meet the provincial goal of 50%diversion from landfill or incineration by the year 2000. As shown in Part 2 of this report, the costs for the existing program are close to benchmarked costs from other municipalities,with a higher than average cost for waste disposal, and a lower than average cost for recycling and composting. The total system cost for 1998, based on a$86 per tonne waste management fee, is expected to be$2,422,072. It is important to note that these costs'are expected to increase in 1!999 as a result of the proposed waste management fee increase to $93 per tonne. These costs do not include incidental expenses such as clean up of illegal dumping, waste receptacles, and advertising which would be equivalent for each option. Table 2; Annual Cost of Existin Waste Manage ent System Program Annual Cost! Annual Cost Tonnes tonne Waste Disposal 13,490 $86 $ 1;160,140 Blue Box Recycling 3,360 $86 $ 288,960 Yard Waste Composting 800 $86 $ 68,800 Transfer Stations 1,133 $86 $ 97,480 .;; Yard Waste'Collection 800 $126 $ 101,020 Waste Collection 13,490 $52 $ 705,672 Total j $ 2,422,072 15 1idd A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington 3.2 Contracting Garbage Disposal Clarington has the advantage of owning and operating its own transfer station. This allows the municipality added flexibility in providing different options for disposal of municipal waste. Clarington currently has a contract with Canadian Waste Systems (CWS)to operate the transfer station, and Clarington is responsible,for the administration of the site. CWS accepts municipal waste from the municipality for a tipping fee of$66.25 (plus GST)which covers transfer, hauling and disposal of the waste at the CWS landfill site in Napanee. The Region currently pays the tipping fee to CWS and then charges Clarington the standard waste management fee for waste disposal. - If the Region of Durham allowed Clarington full responsibility for disposal-of municipal waste, the municipality would be able to contract for transfer station operations directly, and pay the actual cost for this service. The Region would continue to charge Clarington for any waste that passes through any of the Regional recycling, composting or other waste management facilities. Table 3: Annual Cost of System with Clarington Contracting for Garbage Dis osal Program Annual Costl Annual Cost Tonnes tonne Waste Disposal 13,490 $68* $ 917,320 Blue Box Recycling 3,360 $86 $ 288,960 Yard Waste Composting 800 $86 $ 68,800 Transfer Stations 1,133 $86 $ 97,438 Yard Waste Collection 800 $126 $ 101,020 Waste Collection 13,490 $52 $ 705,672 Total $ 2,179,210 1 Includes GST net rebate 16 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington The annual costs to Clarington would be decreased by 10%to $2,179,210 as a result of the lower waste disposal cost. The waste diversion rate for this option would be the same as with the existing system, and it would be unlikely that Clarington would achieve 50% diversion' from landfill by the year 2000. 33 Contracting for Dry Waste Processing/Wet Waste Disposal Clarington may wish to investigate the option of implementing a wet/dry waste management system in order to increase the amount of waste being diverted. from landfill. Under this option the Municipality of Clarington would fully assume the responsibility for all waste management programs and implement a system involving dry waste processing and disposal of wet waste. The County of Northumberland owns and operates a dry waste processing plant just east of Cobourg which is licenced to accept waste from the Region of 4,. Durham. This section discusses the option of taking all of Clarington's dry waste to the Northumberland MRF but continuing to dispose of the wet waste with Canadian Waste Services. Clarington could administer programs'directly for household hazardous waste and yard waste composting. The total quantity of municipal waste (excluding'yard waste, which would continue to be taken to the composting site) has been divided as 43%wet and 57% dry. This is based on the actual measured waste streams being collected in the City of Guelph, which is the most established wet/dry program in the province. The cost for dry waste processing has been calculated to be$51 per tonne based on: • the tipping fee at the Northumberland MRF of$40 per tonne • transfer and hauling costs of$11 per tonne The cost of wet waste disposal would remain at the current rate being paid to Canadian Waste Systems. Yard waste would continue to be taken to the privately owned composting site in Oshawa, however Clarington would pay the site directly for this service. 17 �° 1 1 /1 L A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington This option anticipates that the Municipality of Clarington would accept small quantities (less than 100 kilograms) of household hazardous waste and other large waste items brought in by the public to the Clarington transfer station for no charge. The costs for operating this service have been calculated to be $96,844, based on the following assumptions: • a cost of$1.00 per household for the proper handling and disposal of household hazardous waste (slightly higher than the benchmarked cost of $0.61 per household established by Cave) • a disposal cost of$68 per tonne to handle 1,133 tonnes of non-hazardous waste brought to the site (as per the Regional-estimate) Since the Municipality of Clarington provides such an extensive collection service to all of the municipal residents, it is unlikely that there would be 1,133 tonnes of waste delivered to the transfer station by residents of Clarington. The Municipality may consider allowing public drop off of household hazardous waste only, which would reduce the transfer station costs to $19,800 per year. For the sake of this comparison it is assumed the transfer station would also accept 1,133 tonnes of other bulky wastes, such as tires and drywall. The cost shown for wet/dry collection is based on the average contract collection cost in Northumberland County which is $55 per tonne.This is slightly higher than the cost currently being incurred for waste collection in Clarington ($52 per tonne) because there is a higher cost to collect two different waste streams on one collection vehicle. The quantity of waste collected by the municipal system has increased because the material that was previously collected in the blue box recycling system (at a cost of$102.75 per tonne) is included in the wet/dry collection. The annual cost for this option is expected to be $2,143,929 per year which is an 11% decrease from the annual cost of continuing with the existing system. i 18 1 1 A. 7 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington Table 4: Annual Cost for Dry Waste Pro cessin /Wet Waste Disposal Program Annual Cost Annual Cost Tonnes per tonne Wet,Waste Disposal 7,245 $68* $ 492,660 Dry Waste Processing ! 9,605 $51 $ 489,855 Yard Waste Composting. 800 $46* $ 36,800 Transfer Stations 1,133 $ 96,E Yard Waste Collection 800 $126 $ 101,020 Wet/Dry Collection 16,850 $55 $ 926,750 Total $ 2,1439929 ' * includes GST net rebate The Material'Recovery Facility in Northumberland County is currently achieving `- a 75% recovery rate of the dry waste brought to the site.The overall waste diversion rate which would initially be expected with this wet/dry system is 45%, which consists of the following; • 7204 tonnes of dry waste diverted (75% of 9605 tonnes of dry waste) • 800 tonnes of yard waste diverted With increased participation in the yard waste composting program, and other- waste diversion initiatives, it is likely that the Municipality of Clarington could reach 50% waste diversion by the year 2000. s 3.4 Contracting for Wet and Dry Waste Processing This also section outlines a system whereby the Municipality of Clarington would provide a full wet/dry waste management services to the residents. All waste management services would be administered by Clarington either by providing the service directly at the municipal transfer station or by contracting with an outside service provider. 19 1 1 A 0 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington Dry waste would be taken to the Clarington transfer station, then hauled to the Northumberland MRF as described in the previous section. Wet waste could be taken to the Guelph wet waste processing facility. The cost for wet waste processing has been calculated at$61 per tonne, based on: • the Guelph wet waste tipping fee of$40 per tonne • transfer and hauling costs of$21 per tonne An organic waste boconversion facility is planned for construction in Oshawa in 1998. Clarington may wish to consider hauling municipal wet waste directly to this facility once it is constructed. This would decrease the cost of hauling-the wet waste and would likely eliminate the need for transferring it from the drigir~ial collection vehicle. - Either the Guelph Composting plant or the Oshawa Bioconversion facility could accept yard waste as part of the wet waste stream. This would eliminate the need for having a separate yard waste collection. The quantity of yard waste previously handled at the Regional composting site is therefore included with the municipal wet waste stream in the cost analysis. The total cost of this option is calculated*to be $2,048,194, which is a reduction of 15% from the 1998 cost of continuing with the current waste management system. Table 5: Annual Cost for Wet and D Waste Processin Program Annual Cost per Annual Tonnes tonne Cost Wet Waste Processing 8045 $61 $ 490,745 Dry Waste Processing 9605 $51 $ 489 855 Transfer Stations 1,133 $ 96,844 Wet/Dry Collection 17,650 $55 $ 970,750 Total $ 2,048,194 20 1 1 A n '6 A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington The Guelph composting plant is currently achieving a diversion rate of 81% The expected overall waste diversion rate for this system is therefore calculated to be 78%, based on the following; • 7204 tonnes of dry waste diverted (75% of 9605 tonnes of dry waste) • 6516 tonnes of wet waste diverted (81%of 8045 tonnes of wet waste) This diversion rate exceeds the provincial goal of 50%diversion from landfill, and would be among the Highest waste diversion rates of any municipality in Ontario, - , i 21 i i cn w 1500000 0 U c� 1000000 c Q- 500000 0 cE .Q p4 c3 cl- 2 1 Annual Cost of Waste Manaqement Svstems L Diversion Rates for Waste Management Systems Figure 2: Comparison of Waste Management Systems -22- r .o' A Study of Waste Management Services Russell Environmental Services and Options for the Municipality of Clarington r 4.0 Conclusions and Next $�. peps An analysis of four different Waste management systems indicates that a full wet/dry waste management system is preferred both on the basis of cost and waste diversion. Table 6: Comparison of Waste'Mana ement S stems Estimated Estimated waste System Annual Cost diversion from landfill Continue with existing system of blue box $2,422,072 24% recycling, yard waste composting, transfer stations and collection - Continue with Regional diversion programs, $2,179,210 24% but contract directly for the disposal of municipal garbage Provide all wadte'management services at $2,143,929 45°% r.. the municipal level, including"dry"waste processing and"wet"waste disposal Provide all waste management services at a $2,048,194 exceeds 50% municipal level, including"dry"and"wet" waste processing If Ciarington wishes to implement a wet/dry waste management system it is suggested that the following steps be undertaken: 1. Conduct a public'education program on wet/dry waste management systems. 2. Perform testing to determine the appropriate compaction rate to be .. utilized at the municipal transfer station for the dry waste stream. 3. Commence discussions with 'Northumberland County regarding use of the Northumberland Material Recovery Facility. 4. Commence discussions with Canadian Waste Systems regarding wet/dry collection 23 APPENDIX A List of Municipalities Used in Benchmarking Exercise - 11CZ - List of Municipalities Benchmarked City of Brantford East Wawanosh • Town of Orangeville Grey&1VIcKillop City of SL as Hay City of Windsor Howick' City of Kingston Hullett Township of Kingston Moms City of Belleville - Stanley ! _ City of Trenton Stephen City of Sarnia Tuckersmith S. Town of Smith Falls' . Tumberry Town of Perth Usbome S. Town of Gananoque West Wawanosh ry City of Brockville Beckwith Township City of Woodstock Darling Township City of Stratford Lanark Township Town of Hawkesbury Montague Township ITown of Rockland Town of Ahnonte• Town of Renfrew Town of Carleton Place Town of Amprior ViIiage of Lanark: City of Orillia Twp. of Drummond City of Barrie Twp. of North Elmsley City of Corn1vall Twp. of Ramsay Town of Lindsay Twp,of Cavan City of North Bay Town of Lindsay City of Sault Ste.Marie ' Village of Bobcaygeon R CAVE arm , ASSOCtAI'ES ENGINEERING Lm. :MERNST&YOUNG 1154 i Clinton Village of Fenelon Falls Exeter Village of Omemee Goderich Village of Woodville Seaforth Twp. of Bexley Wingham Twp.of Carden Bayfield Twp.of Dalton Blyth Twp, of Eldon Brussels Twp. of Emily Hensall Twp, of Fenelon Goderich Twp. Twp, of Manvers _ Zurich Twp. of Somerville Ashneld Twp:of Verulam Colborne cavE and assocwrES ENGINE92lNG ITD. JER/vsr&YOUNG . 55 C4MVt'VStzU MiUMINARY 1998 30UD WASTE MANAGEMENT BUDGET SUMMARY 1997 . ;1998 " Sr1OM* PROFORMA EXPENDt'tURES $ $ e ne eral Regional Overhead 1;868;100 1.947,400 Facilities Management fQQ 277.600 Subtotal 2.145.700 2.225.000 Landfill Waste Haulage 2,749.000 2.846.000 Disposal 5.542,000 5.713.000 Perpetual Care of Former landfdl'Sites 153.300 !82,300 Brock Township Landfill Site 36,700 38,700 Sub4otal 8.481,000 8,750,000 Blue Box Regional Processing 579.400 532,100 Collection 2.499,8QQ 2.689,QQQ Sub total 3.079.200 3321.100 Contracted'Processing Q 672.000 Sub=#otat Blue Box 3.079.200 3,893,100 Walt_ a Managgement FaMles 0peratlons 1.099.900 1,131.500 Transfer&Disposal '2 0 1900 2A2Q&Qo Sub-total 3.171.800 3,552.000 Waste Reduction Education&Promotion' 245.000 200,000 Capital Program 556.000 570,000 TOTAL GROSS EXPENDITURES 18,060;400 19590,600 LESS;DIRT=CT RECOVERABLES AND REVENUES Sates of Recydable Materials: Waste Management Facilities 143,000 197.100 Durham Recycling Centre 1286.000 2,383.000 User Fees:Waste Management Facilities 524.000 552,900 TOTAL DIRECT RECOVERABL.ES&REVENUES 1,953,000 3,133,000 TOTAL NET E)CPENDiTURES '16,107,40 0 1604V,600 F Contribution From: Waste Development Charges Reserve Fund 0 50,000 Solid Waste ReservetSurplus 6.057.010 1,687.861 Regional Portion of the Local Tax Levy 10 14.719.73 TOTAL FINANCING' . 16,107,400 16,457,600 L(PERTON&1=WASTE MANAGEMENT SYSTEM,E�ATE ) $63.00 $86.00 Approximately a$180,000 change in revenue or expenditure causes a$1.00 in the'v-ste system rate. ATTACHMENT N0. 2 REPORT N0. WD-21-98 1156 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPONT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Gate: JUNE 22, 1998 Res. # By-Law# Report#: File#: Subject: OLD SCUGOG ROAD REALIGNMENT AND SCUGOG STREET REALIGNMENT TRAFFIC AMENDMENTS Recommendations: It is 'respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-37-98 be received; 2. THAT Traffic By-law 91-58 be amended to provide a stop condition on Old Scugog Road (Court section) at Old Scugog Road as the result of the approved road realignment; 3 THAT Traffic By-law 91-58 be amended to provide a 60 km/hr speed zone on Old Scugog Road from Taunton Road to 600 metres southerly; 4 THAT Traffic By-law 91-58 be amended to provide a stop condition on Scugog Street at the Middle Road Intersection; and 5 THAT the by-law attached to Report WD-37-98 be passed by Council. REPORT 1.0 ATTACHMENTS No. 1: Key Map alignment of Old Scugog Road and Regional Road 57 No. 2: Key Map alignment of Scugog Street at Middle Road No. 3: Key Map for speed reduction on Old Scugog Road from Taunton to 600 metres southerly No. 4: Proposed By-law to amend Traffic By-law 91-58 REPORT NO.: WD-37-98 PAGE 2 2.0 BACKGROUND 2.1 At a public meeting held on January 29, 1'998 to discuss the road realignment of Old Scugog Road at Regional Road 57, residents requested that traffic and the posted speed limit be reviewed along Old Scugog Road between Regional Road 4 (Taunton Road) and Regional Road 57. 2.2 The road realignment proposed for Old Scugog Road, Regional Road 57 and the proposed new court requires a stop sign for right-of-way control. 2.3 The road realignment at Scugog Street and Middle Road presently under construction also requires a right-of-way change. 3.0 REVIEW AND COMMENT 3.1 Intersection of Old Scugog Road and Regional Road 57 This intersection will be reconstructed to accommodate the creation of a residential court south of the existing intersection. The approved approach involves the closing of Gaud Gate at Regional Road 57 and realignment of the southern intersection. The stop sign will be placed on the court to allow traffic exiting Regional Road 57 direct access northbound to Old Scugog Road. This right-of-way control is the best method to prevent traffic fi-om becoming congested in the traffic storage area and overflowing onto Regional Road 57. 3.2 Traffic on Old Scugog Road and Regional Road 57 During the public meeting on January 29, 1998, the main area ol'concern l61- the residents was Section "A" from Regional Road 57 northerly to Buttery Court. This is a residential area posted as 50 km/hr with large lots fronting primarily onto six courts. This semi-rural area has a 6.7m wide smooth asphalt road with shoulders approximately lm wide with street lights. The roadway is built to rural standards with open ditch and no curb or 11 � Q REPORT NO,: WD-37-98 I PAGE 3 sidewalk. The following requests were made: 1) Installation of ail-way stops at the intersections of Andelwood Court/Old Scugog Road("T"intersection),Maryleah Court/Taunus Court and Old Scugog Road. Staff follow Provincial guidelines based on traffic volumes and can not recommend these unwarranted stop signs as proposed speed deterrents. 2) Traffic signals at the intersection of Regional Road 57 and Old Scugog Road. This is a Regional intersection which'does not presently meet the warrants Ror traffic- signals. The Region may consider a northbound turning lane for this location. 3) Review sight distance from Maryleah Court. A southbound motorist can see a motorist at the intersection for a distance of 151m and should"be able to avoid a collision at speeds up to 85km/hr. 4) The residents also wanted consideration for lowering the speed limit southerly from Regional Road 4 in Sections marked as"B"and"C". Staff are reluctant to change the middle Section"B"due to the openness and lack of residential frontages. Area"C", staff feel, could be posted at 60 km/hr to,provide a lower speed approach to the traffic signals and a'transition zone as motorists enter and leave Hampton. Traffic studies done in the residential'area indicated daily volumes of 1,200 vehicles per day. Average vehicle speeds are 56.5 km/hr with an 85" percentile speed of 76.07 km/hr. To combat speeding concerns, the residents may contact Durham FQ REPORT NO.: WD-37-98 PAGE 4 Regional Police for radar enforcement or contact the Public Works Department to ' 'i borrow the Radar Message Board as 9art of a neighbourhood speed watch effort. 3.3 Intersection of Scugog Street and Middle Road This intersection is being reconstructed during 1998 to eliminate the "Y" alignment of the roadway. After the construction, Scugog Street will curve to a proper 90 degree alignment to a stop condition at Middle Road. Middle Road will align with the lower portion of Scugog Street and become the through road. Attachment No. 2 shows the existing and future roadway alignments. _ 4.0 CONCLUSION 4.1 From the above, it is concluded that Traffic By-law 91-58 should be amended to permit the right-of-way changes required to improve traffic flow at the two intersections reviewed. Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer RDB*SAV*ce 16/06/98 Attachments (4) i 4 4 / n An elw od Ct m o', O t�. N � A C• N O V Old Scugog Road/ Regional Road 57 Intersection Proposed Stop Sign O CL N Proposed Old Scugog Court cC O cC n Concession . Rd 3 ji i S oG S� 'i C:\ATTACHS\DARL\TRMSFER.DWG DRAWN BY: JM DATE: JUNE 1998 REPORT WD-37-98 1 16.E ATTACHMENT NO. 1 G� Somerscales C0i 0--- c�0 °o- N� Dr N Mill Lane PROPOSED STOP SIGN RE-ALIGNMEN OF SCUGOG STREET _. HOC rg PORTION OF SCUGOG STREET ` TO BE CLOSED ` EXISTING STOP SIGN BO IANVILLE IT P,(� SUBJECT s� o SITE N WI s E a m o a w o o JACICMAN a DRAWN BY: J.R.M [DATE: JUNE 1998 IEW ROAD AVE REPORT NO.WD-37-98 F KEY MAP ATTACHMENT NO. 2 LMNPAFb1YATARAfxS�nfwwAM<fi n��nvxa Regional Roa - ton Road PROPOSED 60km , c SPEEDZONE ► �' 3 SECTION C 0 >v a a W 0 !v o v EXISTIN km: o SPEED ► _ SECTIO - 1 0 � Concession Road i EXISTIN 50km Buttery J r l SPEED SECTI q ► ; Court I' HIM O Reg naa Rc ad 4-Taunto oad i Q ' SUI IJE .'R"T N T E i A CL DRAWN BY:J.R.M --][6ATE:JUNE 1998 H Nash oad %on gad3 REPORT WD-37-98 AP ATTACHMENT NO. 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- Being a By-law to amend By-law 91-58 being a By-law to Regulate Traffic on HighAys, Municipal and Private Property in the Municipality of Cla4 ington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; NOW THEREFORE the Council of the Municipality of Clarington enacts as follows: 1) Schedule XV"Through Highways"of By-law 91-58 is amended by; A) deleting the following reference: Column 1 Column 2 Column 3 Hi hwa From To _ Scugog Street North limit of King's East limit of Durham (Bowmanville) Highway No,2 Regional Road 57 Middle Road North limit of Scugog South limit of (Darlington) Street(Bowmanville) Durham Regional Road 4 And B) adding the following reference: Column 1 Column 2 Column 3 Highway From To Scugog Street West limit of Middle East limit of Durham (Bowmanville) Road Regional Road 57 Scugog Street North limit of King South limit of and Middle Road Street West Durham Regional in combination Road 4 (Bowmanville) 2) Schedule XVI"Stop Signs"of By-law 91-58 is amended by; A) deleting the following reference: Column 1 Column 2 Intersections Facing Traffic Middle Road and Scugog Street I Southbound on Middle Road (Bowmanville) AA ATTACHMENT NO.: 4 DVDn"'r A.TlI . IIT" 12" no - And B) adding the following reference: Column 1 Column 2 Intersections 1 Facing Traffic Scugog Street and Middle Road Eastbound on Scugog Street (Bowmanville) Old Scugog Road(court section) Northbound on Old Scugog Road and Old Scugog Road 3) Schedule XX "Maximum Rate of Speed 60 kilometres Per Hour" of By-law 91-58 is amended by; A) adding the following reference; Column 1 Column 2 Column 3 Highway From To Old Scugog Road Durham Regional Road 4 600 m southerly (Darlington) 4) This By-law shall come into Force on the date that it is approved by the,Council of the Regional Municipality of Durham and when signs to the effect are erected. BY-LAW read a first and second time this 29th day of June 1998 BY-LAW read a third time and finally passed this 29th day of June 1998 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JUNE 22, 1998 � Res. # ' By-.Law# ' Report#: File#: Subject: REQUEST FOR SOCCER PITCHES AT THE NORTHEAST CORNER OF HIGHWAY NO 2 AND CENTERFIELD DRIVE, COURTICE. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report WD-38-98 be received; 2. THAT the property located at the northeast corner of Highway No. 2 and Centerfield Drive, Courtice,represents an undesirable location for a soccer pitch; and 3. THAT Mrs. Marie Racine be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2: Letter from Mrs. Marie Racine dated April 5, 1998 2.0 BACKGROUND 2.1 At a meeting held on April 27, 1998, the Council of the Municipality passed the following; resolution: "THAT the correspondence dated April 5, 1998 from Marie Racine regarding the property located at the northeast comer of Highway No. 2 and Centerfield Drive in Courtice,be received and; REPORT WD-38-98 PAGE 2 THAT the correspondence be referred to the Director of Public Works for review of the feasibility of developing soccer pitches on the subject site and preparation of a report to be submitted to the General Lpose and Administration Committee; and THAT Mrs. Marie Racine be advised of Council's decision." 3.0 REVIEW AND COMMENT 3.1 Letter from Mrs. Racine In her correspondence of April 5, 1998,Mrs. Racine requests that the Municipality purchase a vacant parcel of land located on the northeast corner of Highway No. 2 and Centerfield Drive for the purpose of constructing soccer pitches. — 3.2 Property Information The subject property is irregular in shape and comprises a total area of 0.58 hectares, located at the northeast corner of Highway No. 2 and Centerfield Drive. The Official Plan designation is commercial and the present zoning is Special Purpose Commercial Exception(C5-1). The on-site terrain is fairly steep in some areas and the site has an overall vertical grade differential of approximately 6.0 metres. A large concrete and asphalt pavement area remains from a demolished motel building. 3.3 Park Location Review The selection of this site as a park, at an unsignalized intersection between a collector road (Centerfield Drive) and a major arterial road (Highway #2), from a traffic and pedestrian safety perspective, is not preferred. Minimizing the exposure of pedestrians (especially children playing at a park) and vehicular traffic is a prime concern. 1 t -L7 REPORT WD-38-98 PAGE 3 3.4 " Preliminary;Conceptual Park Layout In consideration of the site size, geometrilcs and the existing terrain, the development potential of the site is limited to the installation of a junior soccer pitch, 30 metres wide and 60 metres long with a north/south orientation and the construction of a parking lot. The site, because of its proximity to Highway #2, will require the installation of a minimum 6-foot high perimeter fence. (Refer to Attachment No. 2). !! 3.5 Feasibility and Conclusions The construction costs of installing the soccer pitch and the parking lot will be at a premium, largely due to the extensive excavation, grading and landscaping of--:the site required to accommodate the regrading and drainage of the existing terrain an`Tthe remouaT of the concrete and asphalt pavement that exists on the site. Although a detailed design and cost estimate have not been prepared, it is apparent that the cost of purchasing the subject property with a commercial zoning and the construction of a junior soccer pitch and the parking lot considering the existing terrain, will increase the costs of developing this site as a park substantially. The development potential of the subject property as a park is not considered'cost effective. The costs of purchasing commercially zoned lands as parkland,',increased'construction and maintenance costs,the limited size and development potential, do not make this property an ideal choice as a park. It is therefore concluded that the subject site is an undesirable location for a soccer pitch. REPORT WD-38-98 PAGE 4 Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer SAV*ASC*BM* - June 9, 1998 _ Attachments (2) Mrs. Marie Racine i 11 Centerield Drive Courtice, ON LIE 1H5 I I 11 � Q � Valleycrest Drive a) oRESIDENTIAL LOTS c E 2 LU U i W 1 30� of PARKING LOT `O j -- PROPOSED SOCCER PITCH i G�e6- F aye HighwaY No. 2-King Street _ —________-'— --- - - CO T/ E 1 N Rotl y C BJE Sl AN fipl..ry Na Z kT� 1 E s ° DRAWN BY:J.R.M DATE:JUNE 1998 REPORT WD-38-98 KEY MAP ATTACHMENT NO. 1 COUNCIL DIRECTION D-7 Sunday,April 05, 1998 AGENDA APR b ;�s3 Mayor Councillor Mary fAU1Jl01PAi_ITY OF Cl_ARINGTON Councillor ary Novak t � ' Planning Department MAYOR'S OFFICE My name is Marie Racine.I live at 1 I Centrefield Drive in Courtice.The reason I am writing this letter is in regard to the property on the north east corner of Hwy 2 and Centrefield Drive in Courtice.This property is an empty field right now but was once home to a motel.I'm sure you are aware of this area.It was once an eyesore when the motel was there and a fire hazard when it was abandoned.My family and I were truely grateful when the city ordered the motel taken down. Now my reason for writing you this letter.On Saturday April 04, 1998 my two oldest son's decided to play soccer in the back yard.After watching them play for a few minutes we realized that they were ruining the lawn because it was so moist still from the rain we have been having lately.My son's didn't want to go to the park on Cherryblossom because it is not big enough to play soccer.So my husband suggested that they go over the motel. The grass is still short enough that they want loose the ball in the field and the bee's aren't out yet also(something I will bring up more in my letter later).So they went over and started playing.We were watching from our kitchen window. The light bulb went off for both my husband and 1.This area of land could be turned into a couple of soccer pitches for the minor age groups. The older age groups in our opinon could not play there because they kick longer and harder and the ball going onto Hwy 2 is more likely,but the younger kids don't kick as hard or as far.Before I go any further I do want to state that my husband and I are part of the executive of Courtice Soccer,but it wasnTvntil we saw our son's playing that this idea came to us.I'm sure you are aware of the shortage of soccer pitches it►r.. Courtice.This year we expect about 1000 children to play soccer and we just don't have the facility's to provide them with, Another reason this would be a great thing for Courtice would be that it would not be another plaza.I don't know about you,but I'm starting to get alittle tired of seeing all these plaza's popping up and staying more that half empty. I was talking to a friend of mine from Oshawa one day and I was telling them about the plaza that was going up which would eventually become the plaza that the Dairy Queen is in.They just looked at me and said"that Courtice is starting to look like a shpmall that can't find any tenants".I have heard many comments from different other people both from Clarington and Oshawa about the way Courtice is starting to look.Personally it is alittle embarassing having people take about the place I five like they do, When you look at the malls that are in Courtice you see one that has been here for atleast 4 years and is still half empty(Swiss Chalet Plaza). The new Price Choppers Plaza even though is slowly filling up is still more than half empty.I can't see why anybody would want to build another plaza in Courtice.I live directly across from the Westcastle Plaza and about 750 ft east from me is the Prestonvale Plaza(which as just lost a tenant)and going west is the many empty plaza's.It's about time that the town of Courtice get something that is not a Plaza.I realize that these plaza's bring in a lot of revenue for the region,but once in every little while something that dosen't generate revenue also has got to go up.The Courtice Community Centre was a long awaited venture for this town and I supported and still support this project.(My family bought one of the bricks being offered to help build it). I know people who moved out of Courtice before it was built because there was nothing to do and they would get angry that plaza's were going up but nothing for the community.About a year ago Mayor Hamre,I talked to you on the phone when you were on a local talk show and I asked you why when the plans for the Community Centre were being' drawn up there was no baseball diamond or soccer pitches. You told me that they will be part of another phase of the project but will probable not be around for another 5 to 10 years.We can't wait that long.Like I said earlier we are at 1000 kids this year and probable will be growing in the future.Unfortunatly if the Soccer club does keep growing we are going to have to do the one thing we have never done and that will be to turn children away because we want have the facilities to provide them with.The problem with that is that if children don't keep themselves busy during the, summer months and start to get bored we all know what they end up doing, ' According to some reliable sources the mini-fields at the Hydro Fields on Solina South may be turned into a Parking lot for the Wildlife Trails.I realize that the new fields up on top of the hill will contain Mini fields but the Purpose of building those fields was to have more fields.Now we will be at the same number of fields as last year without gaining anything, Our minor divisions have the most�amount of children and they have the least amount of fields.Four years ago we had 7 mini soccer fields.Penfound Park,Emily Stowe,S.T. Warden,two at Hydor fields, Zion and Maple Grove.We are now down to just 4 fields,2 at Hydra,Zion and Maple Grove. (It was to dangerous for us to continue playing soccer on the school fields because the school children pretty much ruined the field and there were just to many pot holes for us to allow children to play on them,so we quit using them.)As you can see, not one of these fields is in Courtice. I realize that Hydro Fields is in Courtice,but there is no fields within walking r bike riding distance to any house.This is a problem.Not eve g p one has a car and they have everyone to depend ey on someone or eP not play.That is not a good choice to have to make.The property on Hwy 2 can be accessed by using the Oshawa ATTACHMENT NO.: 2 1 . 1 71 REPORT Nn_- Wn-IR-052 a Transit.This would eleminate alot of travel worries for some pare'ts,We estimate that this property&one could house up to four mini fields with plenty of space to spare,Four fields in one area that would be a god send to alot of people.If some people have more than one child but they play at different levels they could possible play at the same field and the running around time would be eliminate4anotherA ,d thing, I know over the years you have had a few heated diiscuurss on with past members of various soccer committee's within Darlington,but even as much as some of theqm� an annoy you,you have to realize that some of what they say Is right.Courtice now is the biggest hamlet id DahWgton when it comes to soccer but we also have tho least amount of fields per team.It has to change.The suggestion I gave about the property beside me according to slot of people could be a start,I don't want this only because it would make my house more attractive.About 8 years ago a plaza was to go on this property,After a few details were ohanged between the builder's and the nieghbours, we had no problem with it.It seems that the problem came fi-om the Ministries of Enviroment and Transportation who would not allow them to drain run off on to there properties.It's been empty for nine years ever since,' My husband and I took a close look at the property yesterday and realized that if a fence were erected on the Hwy 2 side and parking be put along that side and the entrance to the facility be off of Centrefield Drive then the soccer pitches can be build on the far northeast comer of the lot.The benefits of having the land made as a soccer pitch are 1.It gives another place for the children to play. 2.It keeps the land as natural as possible and the creek that runs on the cast side of the field does not get effected.(i myself have seen deer come out of those fields as well as foxes,racoons and various other types of animals.I beleivo that if a plaza goes up here it would take away slot of the view that alot of us enjoy and also it would take away alot from the animals).3 It would not be another;plaza.4.1 know the town would appreciate it more than you would know,4 Show the people of Darlington Soccer that you are willing to work with them instead of against them all the time.5,Another reason and maybe the most Important- atleast to me is that if the land is cleared and maintained the population of bees may go down.I have never seen so many bees before in a restricted area.Sometimes I can't even go outside on my patio and cat lunch or supped t_Vecausc of the bees.We know they come from there because we see them fly over the fence and then back,Last year we realized we hated bees even more than ever.My 4 sons were playing baseball in the backyard and the ball went over the fence!3 of my sons went to go look for the ball.One of my sons aceidendentally stepped on one of the many bee hives that are in the ground and a'swarm of bees came out,Andrew the one who stepped on the hive got stung on the neck and my other son Patrick got stung on the eybrow.They both came home and we looked at them and they seemed to be fine. About five minutes later my son Patrick started shacking and breathing very shallow.My husband rushed him to Urgent Care in Oshawa and it took two Ep-pens to get the reaction under control.He is severally allergic to bees.We were told five more minutes and he would be dead.He now goes for venom therapy which is suppose to boost his ammune system,but its not a guarentee.We inspected the ground after this happened and found atleast five bee hives. I know that by putting a soccer field there it will not eleminate bees but it will cut down on them.If a plaza goes in the garbage will promote bees and this will put my son in danger.I know this just with the store across the street from me,bees are always around the garbage or if some one has dropped their garbage.and it is sweet the bees are around that.' I believe the saftey of the children will not be effected by this being build there.If a fence is erected along Hwy 2 and parking is designated to that area there should be no problem,If these fields are Mini fields then there is no chance of a ball being kicked onto Hwy 2.These children would range from ages 5 to 8 there is no way they could kick that far,No one on Hwy 2 would be put in danger of a ball being kick on to the road.Also if land is available a little parkette can also be established,And if the saftey is still a problem then you have to look no further than the soccer fields in Orono.They are right up against Hwy I IS.A fence is there and it dosen't seem to be a problem. I have sent some letteput to corporations in hopes that if someone donates the land it would cost the town the least amount as possible and if we can get a donation hopefully with a little hard work we can also get other companies to donate other products for this venture,(e.g fencing,landscaping etc...)We need the help of the town though more than you know.I have never done this before and hopefully with the co-operation of the town we can get ourselves a beautiful place for the kids to play In closing I would like to remind you that Courtice is like the front door to Caarington,It's the first place , people see when travelling along Hwy 2.The plaza's are making Courtice,look junkie. You may not want to admit that but I live here every day.I would like to see something nice go up along Hwy 2 for once.Courtice has got to stop looking like a strip stall and start looking like a place that people will be proud of Something needs to be put up along Hwy 2 that the community can be proud of, Please take my suggestions into consideration and fwould like to here from you soon. Thank-you , Marie Racine (q0S) 43Ca (c>q3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: June 22, 1998 Res. # By-Law# Report#:— 8- File #: Subject: STREET RECEPTACLES, BENCHES AND PLANTERS FOR ORONO AND NEWCASTLE BUSINESS IMPROVEMENT ASSOCATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-40-98 be received; and 2. THAT Council recommend against the purchasing of benches and planters for the Business Improvement Areas of Orono and Newcastle. REPORT 1.0 ATTACHMENTS No. 1 Correspondence of January 13, 1998 from Sandra Topper requesting street receptacles for the Orono Business Improvement Association No. 2 Report WD-2-90 - Clarification of responsibilities for Capital Purchases and Maintenance within the Bowmanville, Newcastle and Orono Business Improvement Areas. 2.0 BACKGROUND 2.1 In June of 1993,the Municipality of Clarington entered into a five(5)year contract(CL-94- 36) with Canadian Waste Services for the curbside collection of residential refuse. Included in the contract was a clause wherein the contractor was to supply up to fifty (50) waste aECrClEO P.PEn _. 1 1 —7 7 REPORT WD-40-98 PAGE 2 receptacles, but these receptacles remain the property of Canadian Waste. These new street receptacles were to replace the old concrete street receptacles currently being used in the I Bowmanville, Orono and Newcastle Business Improvement Areas. 2.2 Bowmanville Street Receptacles In 1995, upon commencement of the contract, the Bowmanville Business Improvement Association requested a particular style of waste receptacle, which was substantially more expensive and only manufactured by a company of their choice. In order to resolve the impasse, staff agreed to a request that the waste contractor supply containers of the Bowmanville Business Improvement Association's choice and reduce the quantity-to thirty (30). It was further resolved,with the approval of the Orono and Newcastle B-..°A.s,that the Municipality would place some of the old surplus containers from Bowmanville in Orono and Newcastle, and that consideration would be given to new containers for Orono and Newcastle upon the renewal of contract CL-94-36. 2.3 Correspondence was received from Sandra Topper of the Orono Downtown Business Improvement Association, dated January 13, 1998 (Attachment No. 1). In this correspondence, the Orono Business Improvement Association indicated that they would be purchasing 10 new flower planters and installing new street benches to improve the look of the Town. They asked that the Municipality of Clarington contribute to this project by supplying and installing 12 new garbage receptacles. 2.4 Negotiations with Canadian Waste Services In order to address Sandra Topper's request, Public Works staff negotiated with Canadian Waste Services to fabricate twelve (12) street receptacles for Orono and twelve (12) for Newcastle similar to the street receptacles in Bowmanville. An additional two (2) street receptacles will be fabricated as replacements. Canadian Waste Services, through Public Works staff, provided a prototype of a street receptacle to the Orono and Newcastle Business Improvement Associations. Both Business Improvement Associations have 1 1 7 4. REPORT 'WD-40-98 PAGE 3 agreed to accept the proposed receptacle and have been provided a colour sample so that I Canadian Waste can proceed with painting 4 the receptacles. 2.5 Public Works have now received an additional request from Dan Banting of the Orono Business Improvement Association, supported by two councillors, to consider the purchase of new street planters and benches for the Orono and Newcastle Business Improvement Areas. 3.0 REVIEW AND COMMENT 3.1 Agreement with the Business Improvement Areas According to Report WD-2-90,"Clarification of Responsibilities for Capital Purchases and Maintenance within the Bowmanville Newcastle and Orono Business Improvement Areas" (Attachment #2), the responsibility to purchase new street planters and benches would be the Business Improvement Association's. 3.2 Cost The cost to purchase two (2) benches and twelve (12) planters for both the Orono and Newcastle Business Improvement Associations would be approximately$10,400. 3.3 Clarification of Responsibilities If Council decides to purchase the benches and planters for the Orono and Newcastle Business Improvement Associations, the purchase would be contrary to existing policy. Specifically, a change in policy respecting the agreement between the Municipality and the Business Improvement Areas would be required. 4.0 RECOMMENDATIONS 4.1 It is recommended that the responsibilities of the Business Improvement Areas of Bowmanville,Newcastle and Orono, as outlined in Report WD-2-90,remain unchanged. 1 1 -7 C REPORT WD-40-98 PAGE 4 4.2 Further, it is recommended that the Orono and Newcastle Business ImprovemQnt Associations, not the Municipality of Clarilgton, be responsible for the purchase of new planters and benches for Orono and Newcastle. Respectfully submitted, Reviewed by Stephen A. Vokes, P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer SAV* GA*ce 16/06/1998 1 1 7-Z i he Naturai Nui Heath,shop ORONO DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION c/o Sandra Topper, Director 5925 Main Street Orono, Ontario LOB 1MO January 13, 1998 Steve Vokes and Don Patterson Public Works Dept. 40 Temperence St. Bowmanville, Ontario L1C 3A6 - - Dear Mr. Patterson; This Spring Orono will be celebrating their Town Hall's 100th anniversary. At the present time our community is not expanding in population or development. We are planning a number of community events this year and hope to continue these events in the years to come, The only way for businesses and merchants to survive is to encourage community events and hope that the community will continue and perhaps patronize our businesses more. We''have decided to purchase 10 new flower planters to improve the look of our town. As well, time will be installing two street benches. A place for shoppers and visitors to rest, a must for the seniors who walk into Town each day. A couple of years ago we lost out on a deal for new garbage receptacles in Orono. We are asking kindly for the Town of Clarington to contribute to this project by purchasing, and installing 12 new garbage receptacles along the downtown in the early spring of 1998, We also require that the service of the waste removal be kept as a part of your contract vith - I believe Laidlaw? Below is the manufacturer's name, address and contact-person and a break down of the purchase price. I will give a photocopied picture of the items in question to John Mutton when I see him on January 14 at our Orono DBIA meeting, Contact, Ms. Zabetda Farnum Toronto Fabricating & MFG Co. 101'Rangeview Rd. Mississauga Ontario, Canada i L5E 1H2 1 ' 7 7 ATTACHMENT NO.: 1 T?VIDADT WA . Wn An 00 The Natural Nut Health Shop page 1 of 2 Orono DBIA to purchase Planter (#1003 no x's) 10 @ $395.00 = $3,950.00 Bench (9716) 2 @ $495.00 = 990.00 $4,940.00 not including possible delivery charges 345.80 gst 395.20 pst $5,681.00 Town of Clarington to purchase Trash Containers (#970) 12 @ $500.00 = $6,000.00 (dia: 30" x 20") 420.00 gst 480.00 pst no including possible delivery charges $6,900.00 - We have decided upon the colour of forest green and will forward a colour swatch to the manufacturer once we have the approval from the Town. I look forward to hearing from you on this matter as soon as possible. Sent Via Computer Fax Transmission Sandra Topper Director, Orono DBIA cc: Dan Banting President, Orono DBIA John Mutton, Faxed Copy Regional Councilor Zabetda Farnum Toronto Fabricating Co. 1 1 -7 n TOWN OF NEWCASTLE a�'' X. REPORT File Res. # By-Law # METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MONDAY JANUARY 22, 1990 PMT #: WD-2-90 FILE #: SJB,ECT: SUBJECT: BOWHANVILLE BUSINESS IMPROVMENT AREA - CLARIFICATION OF RESPONSIBILITIES FOR CAPITAL PURCHASES AND MAINTENANCE WITHIN THE BOWMANVILLE BUSINESS 'IMPROVEMENT AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report WD-2-90 be received; 2. THAT the responsibilities and levels of service listed on Attachment No.2 to this report be approved; 3. THAT the same responsibilities and levels of service listed on Attachment No.2 apply to the Newcastle Business Improvement Area and the Orono Business Improvment Area, where applicable; and 4. THAT a copy of this report be forwarded to the Bowmanville, Newcastle,. and .Qronq B.I.A.s and. .tha :. ey be.•iadvised• af...Council.'s decision. REPORT Lz 1.0 ATTACHMENTS No. l: Plan Showing the Bowmanville Business improvement Area No.2 : Table 1 Showing the recommended Sharing of Responsibilities for the Bowmanville Business Improvment ' Area ATTACHMENT NO.: 2 REPORT NO.: WD-40-95 ..2 REPORT NO. : WD-2-90 PAGE 2 2 . 0 BACKGROUND i 2 . 1 At a regular meeting held on Monday, October 23, 1989 , the General Purpose and Administration Committee passed Resolution #GPA-749-89, as follows : "THAT Walter Evans be assigned the task of acting as Liaison Officer to the Business Improvement Areas . " 2 . 2 By-law No. 77-33, dated May 16, 1977 was passed by Council to designate an area in the Bowmanville Central Business District as an Improvement Area and to establish a Board of Management for the Bowmanville Central Business Improvement Area. By-law 77-33 was amended by By-law 80-54 dated May 5, 1980. The geographical area of the Bowmanville Business Improvement Area established by these two by-laws is illustrated on Attachment No. l . 2 . 3 The mandate of the Board of Management of the Bowmanville Business Improvement Area is set out in Clause 3 of By-law 77-33 : "There is entrusted to the Board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of lands, buildings and structures in the area owned by the Corporation of the Town of Newcastle beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, and the promotion of the area as_ a: biusiries•s­or shopping area. 2 .4 Clause 3 does not clearly define the responsibilities of the Town and of the Board of Management of the Bowmanville Business Improvement Area. For this reason The Board of Management has asked me for clarification. . 3 n I% REPORT NO. : WD-2-90 PAGE 3 3 .0 REVIEW AND COMMENT 3.1 Cost Sharing Agreement Inl 1982 the Board of Management of the Bowmanville Business Improvement Area (Bowmanville BIA) entered into a cost sharing agreement with the Town to do the following in the Bowmanville BIA: a) Purchase and develop'; the' parking ilot 'at the south-west corner of the Division Street/Church Street intersection. b) Lease and develop the Silver 'Street parking lot. c) Provide trees, benches, refuse containers, planting boxes and decorative lighting. ' 3 .2 Cost of the Program The cost of the program was ;$330,000, which was financed by a loan of $150,000 from the Province which the ;BIA is paying back at $16,500 per year. The balance of the cost was paid by the Town and the funds were obtained from the Parking Lot Reserve Fund. 3. 3 BIA Budget Each year the BIA prepares a budget to provide funds to carry out various programs in the Business Improvement Area. The Bowmanville B.IA 1989 Budget was as follows: Administration $ 8,000 Promotion 25,`000 Repayment•of- Loan,-; .161500 Landscaping 10,500 Capital Works' 20,000 TOTAL $80,000 The funding for the BIA Budget is obtained from a special tax levy on -i the businesses within the BIA. . . . 4 REPORT NO. : WD-2-90 PAGE 4 3 . 4 Proposed Cost Sharinq As noted earlier in this report, . Clause 3 of By-law 77-33 outlines the mandate of the Bowmanville BIA and reads in part "beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large" . The purpose of this report is to list all of the activities which take place in the Bowmanville BIA for which either the BIA and/or the Town are involved and agree on the responsibility for the activity. In addition, this report sets levels of service to be provided for each of the activities so that we all know what to expect. — r 3 .5 Criteria to be Used to Evaluate and Determine Res onsibilit a) The BIA should be responsible only for those items which are nc normally provided at the expense of the municipality at large. b) For those maintenance items which are in the gray area where it is not easy to determine responsibility, the responsibility should be given to the Town. The logic for this criterion is that, as much as is possible, the BIA should not be required to hire and supervise staff to carry out maintenance activities on the streetscape. c') 'In 'order to minimize Conf11ct'8.;` 'as' `mixch''as is :possible'; "'both capital and maintenance items should be totally the responsibility of either the BIA or the Town. 3. 6 Determination of Responsibilities The various activities that are carried out in the BIA are listed on Attachment No. 2 . For the purpose of having a complete list and to se4 levels of service, the list includes items such as street sweeping al,_ snow removal which are obviously a Town responsibility. 5 �i REPORT NO. : wD-2-90 PAGE 5 4 . 0 Review of Re ort With the Board of Management of the BIA. This report has been reviewed with the Board of Management of the Bowmanville BIA and they agree with the recommendations . i 5 . 0 RECOMMENDATIONS 5 . 1 It is recommended that the responsibilities and the levels of service listed on Attachment No-2 to this report be approved and that the list apply to the Newcastle Business Improvement- Area, Orono Business Improvement Area, where applicable, that a copy of this report be forwarded to the Bowmanville, Newcastle and Orono B. I .A.s and that they be advised of Council 's decision. Respectfully submitted, Recommended for presentation to the Committee, ------------------------- Walter r-- �---- ------------- A. Evans, P. Eng. , awrenc ---------- Director of Public Works . Kotseff, Chief 'nistrative Officer. WAE*l lv January 8, 1990 Attachments A) CAPITAL ITEMS 1) Purchase and development of new parking lots B) MAINTENANCE ITEMS 1. Trimming of trees 2. Painting of tree guards 3. Benches 4. Refuse containers and boxes 5. Power costs for decorative lighting and for christmas lighting 6. Decorative lighting 7. Pick-up of litte.= 8. Parking Lots TABLE 1 TOWN RESPONSIBILITIES LEVEL OF SERVICE Need for new parking lots to be determined by the Town and the Bowmanville Business Improvement Area LEVEL OF SERVICE Once per year As required As required Refuse containers to be emptied once per week and more often if required. Not applicable. As required I At least once per week, alt year Plowing and sanding as required. Litter pick-up at least once per week, all year. REMARKS Funding to be provided from Parking Lot Reserve Fund. REMARKS Resolution #GPA-750-89 passed by Council on-October 30, 1989 gave this responsibility to the Town. The Town pays these costs now. These power costs are now and have been paid by the Town. These costs are now and have been paid by the Town In 1989, the Town provided litter pick-up during the summer months. Plowing and sanding is now and has been paid by the Town. %P-2-DO .,.j > I J t 3 TABLE 1 BOWMANVILLE IMPROVEMENT AREA RESPONSIBILITIES A) CAPITAL ITEMS LEVELS OF SERVICE REMARKS 1. Purchase of flowers, shrubs, As required These items are not normally benches, flags and banners provided by at the expense of (including installation) and the community at large. christmas lighting 2. Replacement of trees, tree As required When trees, benches, etc. are guards and benches damaged by a vehicle, the Town will attempt to obtain 3. New trees and guards at new As required payment for the damage from locations the operator of the vehicle. 4. Purchase of new refuse As required - containers and planting boxes B) MAINTENANCE ITEMS LEVEL OF SERVICE REMARKS 1. Flowers, plants and shrubs As determined by the Bowmanville These items are not normally flags, banners and christmas Improvement Association provided at the expense of lighting the community at large. 2. Sidewalks Plowing, sanding and/or salting is the responsibility of the individual property owner t, i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JUNE 22, 1998 Res. # By-Law# Report#: WD8- File#: Subject: SPEED HUMPS-ENNISKILLEN Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: " 1. THAT Report WD-41-98 be received; 2. THAT the Municipality should continue to monitor the progress of traffic calming in other areas and review any future guidelines adopted by the Transportation Association of Canada (TAC), Canadian Institute of Transportation Engineers (CITE), and the Ontario Traffic Conference(OTC); 3. THAT the Municipality not experiment with speed humps in Enniskillen or any other location at this time but defer such actions until standardized traffic calming guidelines are established; 4. THAT Council consider establishing a Traffic Management Committee and work with a consulting firm to create a comprehensive municipal policy, if funds are available, during the 1999 budget deliberations; and 5. THAT Mike Bilsky and Lloyd Thomas be advised of Council's decision. REPORT 1.0 ATTACHMENTS No 1 Key Map' No 2: Correspondence dated April 1 and April 23, 1998 from Mike Bilsky nECVCEEO� P.e1fP . .( n REPORT NO.: WD-41-98 PAGE 2 2.0 BACKGROUND 2.1 At a meeting held on January 12, 1998, the Council of the Municipality of Clarington passed the following resolution: "THAT the delegations from Mike Bilsky and Lloyd Thomas be acknowledged; THAT the suggestion of the installation of speed humps as a traffic calming device for the community of Enniskillen be referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and - THAT Mike Bilsky and Lloyd Thomas be advised of Council's decision." 3.0 REVIEW AND COMMENT 3.1 The speed humps requested for Enniskillen are a form of Traffic Calming Device which is presently being tested at various locations in Ontario, including sites in Pickering. 3.2 Overview(Definition developed by OTC sub-committee) Traffic Calming is the combination of physical measures and supportive environment that reduces the negative effects of motor vehicle use on individuals and society, in general, by changing the design and role of streets to serve a broad range of transportation, social and environmental goals and objectives including among others the following: Goals: Increased quality of life, safer and more attractive streets to promote pedestrian, cycle and transit use; and REPORT NO.: WD-41-98 PAGE 3 Objectives• Slower speeds for motor vehicles, reduction of collision frequency and severity, improvement of safety and perception of safety for non-motorized users of the street,reduction of the need for police enforcement, provision of more greenery. Traffic calming measures physically;alter the design of the street through vertical and lateral'changes in the road, constrictions, entrance features, mini traffic circles, smaller corner radii, narrow pavement widths at selected locations, and related streetscaping. - 3.3 Traffic Calming Guidelines Although a number of municipalities are experimenting with various traffic calming techniques,there are no approved uniform guidelines or criteria for installation or signing. The installation of speed humps is actually the installation of a road hazard which forces traffic to slow down,however, if a motorist does not slow down he/she could lose control of the vehicle. In response to this, the Transportation Association of Canada (TAC), Canadian Institute of Transportation Engineers (CITE) and the Ontario Traffic Conference (OTC) have established' committees that are working together to develop uniform guidelines on all aspects of traffic calming,including conceptual and technical merits,legal ramifications and potential funding sources. This final report may be published by the end of 1998. 3.4 Policies The Municipality could create a Traffic Management Committee to develop a traffic management policy. The committee members would review new approaches to subdivision design and develop traffic management strategies for existing communities to reduce the negative effects of traffic. Traffic management does not look at one street individually, but 4 4 ,� REPORT NO.: WD-41-98 PAGE 4 rather looks at the traffic in large area sections. The committee could consist of, but not.be limited to, members of Planning, Public Works, Fire, and a traffic management consulting firm with additional input from school boards, police, ambulance and the public. The committee's terms of reference should be broadly based so that in addition to reviewing traditional road design, classifications, and placement of traffic controls, they would also assist in the development of parking controls, speed zones, traffic calming devices and community based traffic safety initiatives such as "neighbourhood speed watch" or "road watch" programs. The committee should also work with the school boards to encourage the design of on-site parking for parents and bus loading zones and programs such as-"parents on patrol", "the walking school bus" and student safety patrollers. During 1995, the firm of Totten Sims Hubicki Associates worked briefly with staff in reviewing some traffic calming proposals. Recent discussions estimated the upset cost associated with the development of a Traffic Management/Traffic Calming policy report and educational training sessions would cost under$10,000. 3.5 Traffic Calming for Speed Controls Although residents are concerned about traffic volumes, they are more concerned about vehicle speeds and the safety of their children. In the past, stop signs represented the predominant request, but now more and more residents are enquiring about the traffic calming devices other municipalities are experimenting with. Municipalities must make a careful assessment of traffic calming measures to eliminate poor designs or overzealous implementation: 1) There must be a demonstrated need for design measures to control a specific problem. , /l "N REPORT NO.: WD-41-98 PAGE 5 2) The design must address the problem without creating others. 3) It must have the support of the neighbourhood as a'whole and not be at the request of a vocal few.' 4) The design should slow traffic to reasonable legal limits. 5) Great care must be put into the design and number of measures so as not to unreasonably interfere with road maintenance equipment or emergency vehicles. 6) As traffic calming implementation can be very expensive, locations must be prioritized to provide the greatest benefit. 7) Residents must be informed of all the costs and negative aspects of various traffic calming devices before they are implemented. Often, the residents themselves feel that the significant financial investment is not a good use of public funds. 8) If traffic calming measures are endorsed as a long term commitment, expenses must be reduced by incorporating traffic calming as part of regularly planned road reconstruction projects. Planning and Engineering Departments' should incorporate designs into street planning for new subdivisions or communities, rather than be superimposed on existing streets at a later date. REPORT NO.: WD-41-98 PAGE 6 3.6 Advantages Versus Disadvantages of Requested Speed Humps Advantages: -will force traffic to slow -will reduce traffic volume -will reduce police enforcement required - speed humps are one of the least expensive devices Disadvantages: - may cause personal or property damage if a motorist drives above design speed (open to litigation) - will delay emergency vehicle response time (8-10 seconds per hump as per Scarborough study) -only effective over short distance;need 125 metre spacing -may increase speeds beyond the"calmed area" - costly as more and more are requested - difficult to implement in times of budget restraint - increased concern for emergency services if more are requested/implemented - residents may complain about appearance and additional signing rcquircd -may move traffic problems over to other streets -may give children the impression that roads are safe play areas -may interfere with snow plowing and require heavy salt applications. - vehicle noise,braking, accelerating, loads shifting - some residents have insisted traffic calming be removed, again increasing costs - trucks and buses must cross the humps at slower speeds than cars to avoid damage and shifted loads REPORT NO.: WD-41-98 PAGE 7 3.7 Existing Test Locations-Pickering Staff have inspected the speed humps in the Hamlet of Whitevale and at the Rougemount Drive location and have spoken to a number of the residents. The residents' responses were mixed, with some saying they were too extreme and dangerous while others felt they needed more and higher humps. The humps spaced at distances of approximately 125 metres forced the motorist to slow to speeds of 25-30 km/hr in a traditional 50 km/hr speed zone. Some traffic calming consultants recommend speed humps be placed every 125 metres apart to discourage increased speeds above 50 km/hr between humps. A distance of 40 -'60 metres between humps is required to maintain the low speed of 30 km/hr. Staff agree they will slow traffic, but are concerned about the effect on emergency sjervices if such devices were used on a widespread basis. 3.8 Future Selection of a Clarington Test Location Enniskillen, like` many other' rural hamlets and urban streets, experiences what many consider speeding problems. Mr. Bilsky has offered to have a speed hump located directly in front of his house, as well as two other locations in Enniskillen, as a test location. The suggested guideline spacing of 125 metres'would require a total of 16 speed humps, at a cost of between$1,000 to $1,500 per hump, over this 2 km stretch of roadway. The annual estimated maintenance cost for pavement marking, signing and asphalt repair is $100 per year per hump. Staff feel that the development of any future traffic;calming policy should prioritize requested locations based on a number of factors. This ,'prioritization would favour locations with high traffic volumes, speeds,pedestrian volumes and neighbourhood support. The traffic volumes on Old Seugog Road in Enniskillen only average between 600-900 vehicles per day, with light pedestrian activity. Although vehicle speeds entering Enniskillen are higher than desired, staff feel other possible locations in Bowmanville or Courtice would benefit more residents. _ i r) r REPORT NO.: WD-41-98 PAGE 8 Other requested traffic calming locations include: HAMPTON - Old Scugog Road - Old Scugog Road just north of Regional Road 57 COURTICE - Glenabbey Drive -Robert Adams Drive -Prestonvale Road -Trulls Road BOWMANVILLE -Waverley Road -Mearns Avenue -Scugog Street To reduce costs, traffic calming devices should, where possible, be incorporated into planned resurfacing, reconstruction or new development where no taxpayer funds are required. 3.9 Until such time that other alternatives and funding are available, residents wllo are concerned about the speeds in their neighbourhoods should continue to contact Durham Regional Police for enforcement or contact the Public Works Department to borrow the Radar Message Board as part of a neighbourhood speed watch effort. 4.0 CONCLUSIONS 4.1 From the above, it is concluded that the Municipality should continue to monitor the progress of traffic calming in other areas and review guidelines presently being prepared by the Transportation Association of Canada (TAC), Canadian Institute of Transportation Engineers (CITE), the Ontario Traffic Conference(OTC) and the Province. REPORT NO.: WD-41-98 PAGE 9 4. 2 That the Municipality not experiment with speed humps in Enniskillen or any other location, but rather should wait until the transportation groups have adopted proper traffic calming guidelines and the Municipality has established a complete policy. Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W.H Stockwell, Director of Public Works Chief Administrative Officer SAV/RDB/ce 16/06/1998 Attachments (2) Pc: Mike Bilsky 8250 Old Scugog Road Enniskillen, ON LOB l O Lloyd Thomas P.O. Box 28 Whitevale, ON LOA 1MO irtue Cou Salter Court REQUESTED SPEED HUMPS Terrydale n skillen _-Publi School Centre Regional Road 3 - m c� 0 0 0 U) L a� REQUESTED SPEED HUMP Concessl n Road 9 Regional Ro 20 CL ;o N 0 03 ENNISKILLE W-sl - CL CL a E N S Regional Road 3 Concession ad 8 SU JECT TE DRAWN BY: J.R.M [DATE:JUNE 1998 L MY AP WD-41-98 Conces LonRo]ad7 ATTACHMENT NO. 1 _.Dear.Jirn Apiil 23, 1998 This is Mke Bilsky from Enniskillen. No enclosed the last'letter I'wrote just fti case you did not receive it. My proposal is to ask for a test of the speed humps in Enniskillen. The purpose of these humps is to calm traffic and help.motorists make the decision to us 57 as the main through road. These two objectives were achieved in the hamlets of the municipality of Pickering. I'm proposing 3 (only)test speed humps in Enniskillen. These speed humps can be removed if the test is a tauure;Fm proposing these speed humps at*the following sites. - 1.just north of Virtue Crt - 2. at my house 8250 Old Scugog Rd. 3.just south of Potters lane' The last speed counter report was done in mid october.'Statistically motorist steed more in the summer yet we still had an average speed of over 78 KLNI in a 50 zone of the 854 of the ears that passed my house. The residents of Enniskillen, the following councillor`from Pickering; Mark Holland Doug Dickerson, Da%.id Pickles; plus Stephen Brake and Rick Johnson fY•oin the public watt's dep! endorse the speed hump program. Could you please look into the how Err skillen 6 doing with out iuLlucst 16i it ,pue.d Bump project. NMM BILSKT 263-2434 ATTACZMENT NO.: 2 Dear Jun April 1., 1.998 This is Mike Bilsky from Enniskillen. I thought a letter would be easier to conununicate w' ith you as we seem to be playing phone tag. About 3 months ago the public works dept was going to look into the speed hump program that was endorsed by the municipality of Pickering. Well spring is here and the traffic speed on old scugog road is increasing as is [lie norm. Toronto is presently making the news with their zero tolerance to running red lights. I suppose spring fever. ... . I have a few concerns; last week when I talked to Doug Dickerson the regional cnancellur- fi•om Pickering he said that if your municipality tutus down this traffic oahrdng devicc. then they should try it as a one year test. When I talked last year to Steve yolks he told me very frankly he would either adopt this traffic calming device and would not run it as a lest. I would be honoured to place the first and perhaps the only speed hump right in frotut of my house. My other concern is that the public works dept is not doing enough to solve thus problem. We could paint a solid line down the road to stop the passing that happens in town. We could lower the speed limit around the school to 40 KLM. We could place conununity alert signs to remind the motorist that they are in town; this would help counter balance the visual openness that is a catalyst to speed. The last speed counter report was done in mid October. Statistically motorist speed more in the sutiuner yet we still had an average speed of over 78 KLNI in a 50 zone Of ihG 95 1.!o ul'the cars that passed my house. the residents of Enniskillen , the following councel.lor from Picketing; klark Holland, Doug Dickerson, David Pickles; plus Stephen Brake and 16;h Joluison ZrUlfi (he t)Ut)h: \VUrks dq I endorse the speed hump program. Could you please look into the how EnnisUlen is doing with our request for a speed hump project, ` THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File # Date: JUNE 22, 1998 Res. # ADMIN-06-9 By-Law# Report#: ile#: Subject: CORPORATE HEALTH AND SAFETY PROGRAM Reco mendatiot�s• t is respecttuily recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No.ADMIN-06-98 be received; 2. THAT a copy of the Annual Report of the Corporate Joint Health and Safety Committee be received; 3. THAT the revised Corporate Health and Safety Program(Attachment#1)be approved; 4. THAT the Corporate Health and Safety Program Initiatives(Attachment#2) identified in this report be forwarded to Council for approval; 5. THAT amended By-Law 96-63 be repealed; and 6. THAT the attached By-Law(Attachment#3)be forwarded to Council for approval. 1.0 BACKGROUND; 1.1 On March 18th, 1996 Council approved By-laws to create a Corporate Health and Safety Committee for the Municipality of Clarington.This simply amalgamated the two Health and Safety Committees into one Corporate Committee.This amalgamation helped reinforce-the Corporate commitment to all employees in the various workplaces and allowed the Committee to operate more effectively. 1.2 The Joint Health and Safety Committee prepared an interim report to Council(ADMIN-07-97)of i the numerous program initiatives that the Committee undertook to assist the Employer in preparing I a strong Corporate Program.These included policies and procedures on: 1. Workplace Inspections 5. Contractor Safety 2. Accident Investigation 6. Compliance 3. Work Refusal/Work Stoppage 7. Safety Responsibility 4. WFIMIS i ../2 REPORT ADMIN-06-98 -2- JUNE 22,1998 1.3 At this time the Committee is recommending Council's approval on the following additional policies and procedures as it relates to the Corporate Program: 1. Ergonomics 2. Personal Protective Equipment 3. Ultraviolet Radiation 4• Aids and Communicable Diseases 5. Due Diligence 1.4 As set out in the Occupational Health and Safety Act,the Employer must prepare and review at least annually a written Occupational Health and Safety Policy and to develop and maintain a program to implement that policy. 1.5 The Committee has reviewed the Corporate Health and Safety Policy and Program and recommends a revised program(Attachment#1). The focus of the program being recommended is consistent with the defined roles and responsibilities as set out in the Occupational Health and Safety Act.The revisions should clarify the role and responsibility of the Employer to train,implement and ensure adherence to the Corporate Program. 2.0 ACCOMPLISHMENTS: 2.1 The Committee would like to report the following activities in the development of the Corporate Program and the commitment to health and safety. 1. Purchase of Supervisor's Handbook Manual distributed to the Municipal Administrative Centre,Hampton Operations Centre and the Ken Hooper Memorial Fire Station. 2. Over 50 participants in the first aid, CPR beginners and Recertification program. 3. 150 participants in the mandatory back training seminars. 4• Installation of a Corporate Bulletin Board at the Municipal Administrative Centre. 5. Recommendation of a policy and procedure on Workplace Harassment. 6. Two members receiving Province of Ontario Health&Safety Certification Accreditation. 7. Regular meetings of the Committee with minutes circulated and posted. 8. Regular workplace inspections. 9• Completion of a Joint Health and Safety Committee Members binder. 10. Development of the Corporate Health and Safety Program Phase I. 11. Ongoing accident investigations to prevent future workplace injuries. 12. Organized VVH IIS training for Community Services Department. 13. Organized SCBA training for Community Services Department. ../3 iqn ? REPORT ADMIN-06-98 3- JUNE 22, 1998 14. Resolved workplace deficiencies as reported by the Committee at the Garnet B. Rickard Recreation Complex. 3.0 ONGOING MATTERS: 3.1 The following items have been recommended by the Committee and have yet to be completed: 1. Provide training to appropriate personnel on the Municipal Workplace Harassment Policy. 2. Recognition of Municipal Departments for over 1,500 injury free work days. 4.0 ACCIDENT INVESTIGATION/PREVENTION: 4.1 1995 -34 incidents were reported Lost Time Injury incidents 3 1996-.20 incidents were reported Lost Time Injury-incidents 3 1997-24 incidents were reported Lost Time Injury-incidents 3 4.2 The certified members of the Joint Health and Safety Committeeconducted three accident investigations with findings being reported to the appropriate Department Heads. 4.3 The majority of incidents in 1996 were related to bending and lifting practises. As a result, mandatory preventative lifting and back training was organized by the Committee and was offered to all employees. A one day session was held at the Municipal Administrative Centre. Subsequent off site and work specific training was held with the Fire and Public Works Department. The Committee was pleased with the results and a few of the evaluation sheets from the employees are attached(Attachment#4). 4.4 The Municipality participates in the Neer Program which is an injury frequency merit-rating I program under the Worker's Compensation Board. ( 4.5 The Neer Program promotes effective health and safety practises through a system of assessment refunds and surcharges based on the Municipality's annual accident record. 4.6 " The plan refunds employers whose accident record is better than average and surcharges those with ' accident records below average. 4.7 Since 1995,the Municipality has been in a refund situation with improvements made each year. 4.8 It is important for the Municipality to promote workplace safety through regular inspections and to develop employee skills in identifying and evaluating actual and potential dangers within the various municipal departments. i 4,9 A return to work policy and procedure must be implemented in accordance with Bill 99 to avoid unnecessary accident costs. 4.10 ; The Joint Health and Safety Committee has recommended the establishment of a Return to Work i Procedure (Bill 99)to assist employees and to take appropriate steps to manage and communicate early and safe return to work. I ../4 REPORT ADMW-06-98 -4- JUNE 22, 1998 5.0 HEALTH& SAFETY OFFICER: 5.1 A Health& Safety Officer was appointed by Council at their meeting of March 1998. The duties of the Officer are as follows: 1. Offer recommended corrective action for identified unsafe acts and conditions. 2. Act as safety consultant to all Departments. 3. Assist Departments in the development,maintenance and training on fire/emergency evacuation plans and procedures for all areas of responsibility. 4. Participates in investigations with the Joint Health&Safety Committee,disputes and work refusals involving the Unions and/or Ministry of Labour when required. 5. Provides communication and co-ordination to managers and supervisors on matters dealing with the Occupational Health and Safety Act. 6. Advises to ensure compliance with the OHSA Corporate Health and Safety Program and other pertinent legislation. 7. Develops, co-ordinates and provides training of supervisors. 5.2 The Health & Safety Officer will work closely with the Joint Health & Safety Committee as it relates to the Corporate Health and Safety Program. 6.0 CONCLUSION: 6.1 The Joint Health and Safety Committee is an advisory body to ensure that all health and safety concerns are brought into the open and kept there until they have been resolved.The Committee has strived to be visible and accessible to every person in the workplace. 6.2 The Committee, over the past 18 months has provided assistance with the accident prevention program,established a mechanism for regular workplace inspections, recommended a policy and procedures manual that reinforces the Corporate commitment to Health and Safety and implemented ongoing health and safety initiatives for all employees. 35 REPORT ADAM-06-98 -5- JUNE 22,1998 6.3 The Committee has been selected for 1998 and will continue to provide monthly inspections of the workplace and to monitor conditions and report to the appropriate Supervisors and Department Heads. Respectfully submitted, Reviewed by, r Freder ck Hory th,'R.D.M.R.,R,R.F.A. W.H. Stockwell, Co-Chair,Joint Health and Safety Committee Chief Administrative Officer Kathe Groen, Co-Chair,Joint Health and Safety Committee j FH:sa 1 I l f i I t i ? n � ATTACHMENT NO. 1 Municipal Health and Safety Program The Municipality of Clarington will demonstrate the development, implementation and maintenance of a comprehensive health &safety program through the following initiatives. 1. Safety Manual Provide a users manual for all municipal equipment, tools and processes and identify equipment and procedures which require instruction,training or certification. 2. Compliance Promote awareness and compliance of all workers with legislation including the Occupational Health and Safety Act and Workers Compensation Act. 3. Safety Responsibility Reinforce the Municipality's commitment to the Health and Safety Program and to establish ongoing training programs to educate employees and promote awareness and to meet regularly with workers and Council. 4. Workplace Inspections To train, implement and ensure adherence to the procedure for the timely reporting of dangerous situations and the implementation of corrective measures through regular workplace inspections by identifying and evaluating, potential and actual hazards to protect the worker. 5. Accident Investigation Procedure To train, implement and ensure adherence to the appropriate accident investigation procedures is the responsibility of all Department Heads and/or designates in compliance with the Occupational Health and Safety Act. Implement a thorough accident investigation procedure involving the Department Heads and the Joint Health and Safety Committee (Certified Members) to ensure a complete, objective and co-operative investigation to identify its causes and consequences and submit recommendations. ..12 i -) n i -2_ 6. Education and Traininq Develop, implement and evaluate worker training programs and review procedures annually with the Joint Health and Safety Committee including but not limited to which will assist management and supervisors in the implementation and maintenance of a safe work environment. WHMIS Work Refusal, Work Stoppages Aids Awareness Ergonomics Personal Protection Equipment Confined Safety Lockout/Tag Out Ultraviolet Radiation 7. Contractor Safety To train, implement and ensure adherence to the policy and procedure to include minimum health and safety requirements for contractors prior to being hired by the Municipality to be consistent with municipal procedures and to include procedure for warning and/or stop work orders to be followed should any contractor violate the established requirements. 8. Workplace Harassment To train, implement and ensure adherence to the policy and procedure dealing with all types of j workplace harassment. 9. Recognition Recommend a recognition program where workers have demonstrated outstanding performance in the area of health and safety. 10. Municipality Injury Frequency-Assessment Program Participation in a voluntary reporting program which provides relevant statistical information on a municipal service basis. DKSAFRMSAFEFfiCG - 1on7 ATTACHMENT NO. 2 MUNICIPALITY OF CLARINGTON A ERGONOMICS POLICY AND PROCEDURES - 1997 - - » n � ERGONOMICS 1 .0 PURPOSE 1 2.0 DEFINITIONS . . . . . . . 2 3.0 PROCEDURE . . . . . . . . . 3 3.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.2 . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.3 . . . . . . 3 3.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.5 . . . . . . . 5 3.6 5 3.7 . . . . . . . . . . . 5 3.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.0 EMPLOYEE'S RESPONSIBILITY 6 1ono 1. PURPOSE: 1 .0 To eliminate or minimize the risk of adverse health effects to workers through the application of ergonomic principles and methods in the workplace. 1 ? -1 n 1 2.1 DEFINITIONS: 2.0 Ergonomics - means the applied science that seeks to fit the job, tools, materials and equipment to the worker through the evaluation and design of the work environment in relation to human characteristics and interactions in the workplace. Ergonomic factors- means factors which affect the interaction of a worker with the work environment. Risk - means the likelihood and extent of harm a worker may encounter because of a work condition or activity. Administrative Controls - means the provision, use and scheduling of resources in the workplace, including planning, organizing, staffing and co-ordinating. Engineerinq Controls' - means the physical arrangement, alteration or design of workstations, equipment, materials, production facilities or other aspects of the physical work environment. i I I I 1 e% 4 4 3. PROCEDURE: 3.1 EMPLOYERS RESPONSIBILITY: The employer must: a) identify ergonomic factors that may expose workers to risk of adverse health effect, b) educate workers in the recognition of the early signs and symptoms of adverse health effects resulting from exposure to ergonomic factors and in the potential health impacts of those effects, and train workers in the procedures for reporting symptoms and injuries, an-d' c) ensure.that a risk identification is reconducted whenever a change in the work environment is planned or occurs, or newly available information indicates that workers may be at risk of adverse health effects from exposure to ergonomic factors. 3.2 When ergonomic factors that may expose workers to a risk of adverse health effect have been identified, the employer must ensure that the risk is assessed, taking into account the characteristics of the workers carrying out the work. 3.3 Ergonomic factors that must be considered in the identification and assessment of risks are the following: a) the physical demands of work, including: i) force required, ii) repetition and duration, and iii) work postures; b) the layout and condition of the workplace or workstation, including: i) working reaches, ii) working heights, iii) seating, and iv) floor surfaces; 1 � 1 � 3 3. ; PROCEDURE: c) the characteristics of object handled, including: i) size and shape, ii) load condition and weight distribution, iii) container handles, iv) tool and equipment handles, v) vibration from hand tools, vi) local contact stresses, and vii) gloves; d) the environmental conditions, including: i), temperature, ii) lighting and visibility, and iii) whole-body vibration; e) the features of work`clothing and personal protective equipment; f) the following characteristics of the organization of work: i) work schedules; ii) work-rest cycles; iii) job rotation and job enlargement; iv) work rate. 3.4 a) The employer must eliminate or, when that is not practicable, minimize the risk of adverse health effects to workers from exposure to ergonomic factors. b) The employer must implement engineering controls in preference to administrative controls, as-far as is practicable. c) Personal protective equipment may only be used as a substitute for engineering or administrative controls if: i) it provides an equal or higher level of protection of worker health and safety, and ii) it is used in circumstances in which engineering or administrative controls are not practicable. I1 4 -7 3. PROCEDURE: 3.5 The employer must immediately implement interim control measures when the introduction of permanent control measures will be delayed. 3.6 The employer must ensure that a worker to be assigned to work which requires specific measures to control the risk of adverse health effects is: a) educated in: i) risk identification related to the work, and ii) recognition of early signs and symptoms of adverse health effects related to the work, and the potential health impacts of those effects. b) trained in the use of risk control measures including work procedures, and the use of mechanical aids and personal protective equipment. 3.7 a) The employer must monitor, and evaluate at least annually, the effectiveness of the measures taken to comply with this policy; b) When deficiencies are identified, they must be corrected without undue delay. 3.8 a) An employer should consult with the Occupational Health and Safety Committee, or the Worker Health and Safety Representative, with respect to the following: i) risk identification, assessment and control; ii) the content and provision of worker education and training; and iii) evaluation of measures taken to comply with the regulations. b) In addition to the requirements in clause (a), the employer must, when performing a risk assessment, consult with: i) workers who are required to carry out the work being assessed, and ii) workers with signs or symptoms of adverse health effects resulting from exposure to ergonomic factors. 4.0 EMPLOYEE'S RESPONSIBILITY: Employees must take an active role in protecting and promoting health and safety and refrain from activities that may jeopardize their health.. What a worker can do to reduce the risk of being hurt at work - nobody knows a job and its problems better than the employee who performs it daily. a) bring to the employers attention any workstation, tools, or equipment that do not fit the worker; b) know the basics of ergonomic safety and follow those rules. Take time to adjust your workplace and tools.to fit your body; c) any of these signals should prompt you to stop and rest: i) tingling sensation or numbness in shoulders, arms, wrists, hands, fingers or back and legs; ii) vice-like pressure on wrists; iii) sharp pain in the wrists, fore-arms, upper arms or hands. d) when performing repetitive tasks for extended period of time, take regular exercise breaks and/or ensure frequent changes in activity. I I 6 ULTRAVIOLET RADIATION POLICY All Departments should minimize outdoor workers to the exposure of solar ultraviolet radiation. PURPOSE Exposure to ultraviolet radiation is an occupational concern for workers who work in the sun on a regular basis. PROCEDURES Exposure 1. Employees should obtain,wear and maintain appropriate sun protection wherever possible especially in the middle of the day. 2. The employer, when practical, should make use of natural or artificial shade and schedule alternative tasks when UV readings exceed 9. 3. The employer shall put in place adequate UVR control measures and update as required. Prevention 1. Workers are encouraged to wear UVR blocking sunglasses when outdoors. 2. Clothing providing the maximum available protection, including hats, should be worn when outdoors. 3. Workers should use a broad spectrum sunscreen with a sun protection factor of 15 or more for minimal protection. Workers should pay special attention to sun exposed areas (i.e. ears, face, scalp, back of legs, shoulders). Ideally, workers should apply sunscreen UVR "4011, six minutes before going outside. 4. It is recommended that all workers, especially if they are sun sensitive, (fair skinned, tan minimally or burn easily) should obtain professional advice regarding the most effective sun protection therapy for them. 5. The use of UV safety measures should not lead to other safety risks, the risk of head injuries from using hats with inadequate impact protection for example, or the risk of heat stress from wearing heavy clothing in hot environments. 6. All workers in the Municipality must help prevent the over-exposure to UV radiation on any day when UV readings exceeds 9. This is considered to be extreme and sunburn can result in fifteen minutes. Please consult your immediate supervisor for safe procedures when working under the sun. Corporation of the Municipality of Clarington PERSONAL PROTECTIVE EQUIPMENT Purpose To provide a guideline for all workers detailing the requirements for the safe and proper protection of work related hazards. Responsibility It is the responsibility of the employer to furnish prescribed personal protective equipment or devices for use by workers and to maintain them for the performance of their duties. It is the supervisor's responsibility to determine the appropriate personal protective equipment required and ensure that proper training is received in the correct use and maintenance of the equipment. ' It is the worker's responsibility to properly use personal protective equipment appropriate to the job assigned. The worker must notify the supervisor when personal protective equipment requires replacing or is inadequate for the job assigned. Procedure Only personal protective:equipment approved by recognized standard will be permitted for use. The specific personal protective equipment needs of each task performed will be identified in accordance with recognized practices and standards; and will be documented in the standard operating procedures for that task or equipment. • Records will be kept for the issue of standard personal protective equipment. • Records will be kept on P.P.E. training. Only those employees properly trained will be permitted to perform any task which requires the use of P.P.E. • The Joint Health and Safety Committee will periodically audit compliance to this procedure'during their monthly inspection. DN:JH$S\PPE 1 1017 Corporation of the Municipality of Clarington ACQUIRED IMMUNE DEFICIENCY SYNDROME AND HUMAN IMMUNODEFICIENCY (HIV) VIRUS AND OTHER COMMUNICABLE DISEASES Purpose The Municipality of Clarington has an obligation to provide a safe work environment for its employees and the safe delivery of services to its clients. The Municipality also recognizes that employees handicapped by illness have a right to continue to work, as long as these employees are able to perform the essential duties of their jobs in a satisfactory manner and do*not pose an unacceptable risk to their own health and safety or that of others. There is,therefore no justification for an employee to refuse to work with someone who is infected with a communicable disease by reason of that fact alone. An employee with a communicable disease, AIDS related condition or any other employee with a health problem has a right to privacy and to have private medical information held in the strictest confidence. Ongoing employment for someone who has a life threatening illness is important and may help to prolong the employee's life, therefore, sensitivity should be exercised in dealing with employees who have Aids or other communicable diseases. Procedure 1. A person with a communicable disease is entitled to be treated as would any other employee or applicant having an illness. 2. Infected employees may continue to work as long as their doctors say they are well enough and they pose no risk to others. 3. There is no evidence that the presence in the workplace of an employee infected with HIV poses a risk to the health and safety of other employees. There is therefore no justification for an employee to refuse to work with someone who is infected with HIV or has AIDS, Hepatitis B or Hepatitis C by reason of that fact alone. 4. The Ontario Human Rights Code prohibits discrimination against or harassment of an employee by either the employer or co-workers on the basis of handicap or perceived handicap, including that caused by an illness such as AIDS, HIV virus and other communicable diseases. Education i i 1. The Municipality will make every reasonable attempt to provide to all of its workers information and assistance to enable them to deal with problems which may arise concerning AIDS, Hepatitis B, Hepatitis C or other communicable diseases. ./2 i - 2 2. The most up-to-date medical information will be provided to maximize health protection for employees whose work related activities may bring them into contact with the blood or body fluids of other people. 3. Procedures must be established by the Municipality and protective equipment provided to employees who may come into contact with blood and other body fluids in the course of their normal work activities or emergency situations. Sources of Information The most up-to-:date and authoritative information available can be obtained from the following: Medical Officer of Health Regional Municipality of Durham Department of Health Services 301 Golf Street Oshawa, Ontario 905-823-8521 Ontario Ministry of Health Health Information Centre 9th Floor, Hepburn Block. Queen's Park Toronto, Ontario i Health & Welfare Canada Federal Centre for Aids Ottawa, Ontario K1 OL2 1 . DN:JH&S\=EASMi - 171 CLrin#®n ()Cf (/9� �ehahih6aciton & Spoi s Lq*urnes Clinic CLASS ONE EVALUATION FORM Thank you for participating in our seminar today. We appreciate you taking time to complete this evaluation so that we may serve you better in the future. Please leave this form with your presenter at the day's end. 1. Please rate the seminar on a scale of 1 (poor) to 5 (very good). Circle your rating. POOR FAIR SATISFACTORY GOAD VERY GOOD Overall program content 1 2 3J 5 Practical and useful information 1 2 3 4 O Helpful and easy to understand materials 1 2 3 4 Registration process �jll�1 1 2 3 4 5 1 , Hotel facilities N(� 1 2 3 C4 5 Speech clarity 1 2 3 4 5 Use of humour, examples and stories 1 2 3 4 2. PI Me comment on audience rapport and the sincerity and enthusiasm of the presentation. ____� � .� ��J i ems. e � i t�l(i(�-•. �'- Sts t"�v`.�►'���. V V "- 3. Which specific subjects were the most useful and relevant? J 4. Any suggestions for improvement ? 234 King Strout E.(, Bown envillo,Ont. LIC 1PS P6ono/Fdz,(905)623-8202 j 1222 C` L Claringfon _ Rehahilicatiton & Spo r> s Injuries Clinic CLASS ONE EVALUATION FORM' Thank you for participating in our seminar today. We appreciate you taking time to complete this evaluation so that we may serve you better in the future. Please leave this form with your presenter at the day's end. 1. Please rate the seminar on a scale of 1 (poor)to 5 (very good). Circle your rating. POOR FAIR SATISFACTORY GC VERY GOOD Overall program content 1 2 3 - 4 5 1 Practical and useful information 1 2 3 4 D Helpful and easy to understand materials 1 2 3 (9 5 Registration process 1 2 3 4 5 4 Hotel facilities 1 2 3 4 5 Speech clarity 1 2 3 IA'� 5 I Use of humour, examples and stories l 2 3 4 6 2. Please comment on audience rapport and the sincerity and enthusiasm of the presentation. t,J t✓Ltl 'T oo q1(T o I 3. Which specific subjects were the most useful and relevant? ��r t/�.cJ Ufa C ll inl�u2 ( �Q iU y 1(�(E/LJ /IJV s t-f5 t 4. Any suggestions for improvement? EY,6c S'C C- Q I i PMFN i Tt� �r2�VEivT �RC(� cl I 234 King Street Ea+t. Bowmenville,Ont. L1C 1P5 Phone/Fm(905)623-8202 Rehahllh6a6ll®]1'11 & S�Dor6s Injuries Cllllnic CLASS ONE EVALUATION FORM Thank you for participating in our seminar today. We appreciate you taking time to complete this evaluation so that we may serve you better in the future. Please leave this form with your presenter at the day's end. 1. Please rate the seminar on a scale of 1 (poor) to 5 (very good). Circle your rating. POOR FAIR SATISFACTORY GOOD VERY GOOD Overall program content 1 2 3 4 5� Practical and useful information 1 2 3 4 Helpful and easy to understand materials 1 2 3 4 D5 Registration process 1 2 3 4 5 Hotel facilities 1 2 3 4 5 Speech clarity 1 2 3 4 05 Use of humour, examples and stories 1 2 3 4 2. Please comment on audience rapport and the sincerity and enthusiasm of the presentation. el 3. Which spec,f c subjects were the most useful and relevant ? 4. Any suggestions for improvement? � �. i0/�/-,•G,(' /��gi'i7�c�/'�T� Ic-C ;��/•> ,/f�) iii % '7�t �_� �C.•�i : Y , 234 6inc Strout E.,t, Bowmanville,Ont. L1C 1P5 Puono/Fsxt(905)623_8202 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- Being a By-law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By-law #96-63. WHEREAS, the Corporation of the Municipality of Clarington is committed to providing a healthy and safe work environment for all personnel. And whereas the Occupational Health and Safety Act requires each employer in the Province of Ontario to prepare and review at least annually a written Occupational Health and Safety Policy and to develop and maintain a program to implement that policy. NOW THEREFORE, be it enacted by the Council of the Corporation of the Municipality of Clarington as follows: I 1.! THAT the Health and Safety Program, Attachment One, and the Program Policies and Procedures contained in Attachment Two,which are attached to and form a part of this by-law, are hereby adopted as the Municipality of Clarington's Health and Safety Policy and Health and Safety Program. ( 2 THAT By-law #96-63 be hereby repealed. 3 THAT this By-law shall come into force and take effect on July 1, 1998. i - d of June 1998. By-law read.a first and second time this ay , By-law'read a third time and finally passed this day of June, 1998. Mayor Clerk 1_ THE C? P6%X p T SMTMH T WNAOF NEWEAC TTAL 2 NGTON XXXXXXX. xxxxX REPORT Meeting: GENERAL PURPOSE AND ADMINIST"TION COMMITTEE File# Date: JUNE 22,1998 Res. # Report#: A DAM-1 i Mile#: By-Law# Subject: OSHAWAICLAMGTON ASSO LEASE AGREEMENT CIATION FOR COMMIINI7CY LIVING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1• THAT Report No.ADMIIN-11-98 be received; 2. THAT the lease agreement with the Oshawa/Clarington Association for Community Living in the amount of$261.25 for a one year term be approved; 3. THAT the lease agreement with the John Howard Society in the amount of$261.25 for a one year term be approved; 4. THAT the attached By-laws marked Attachment#1 and Attachment#2 be approved authorizing the Mayor and Clerk to execute the necessary agreements. 1.0 BACKGROUND: 1.1 As Council is aware,the Municipality has existing lease agreements with the Oshawa/Clarington Association for Community Living(OCACL)and the John Howard Society(JHS)for the former apparatus bay and probation offices.As a result of their expansion of operations and the lease availability of space due to the termination of the lease by St.Johns Ambulance, it is recommended that this additional space be leased to both agencies to continue with their programming. 12 To-date both the OCACL and JHS have worked together with the community to share resources and provide the opportunities and solutions to is$ues facing the citizens of Clarington. They have explored potential partnership with other agencies and will continue to work with and develop strategic alliances that will be beneficial to their programming and to the community. .J2 ^CIEO�i eA>IEP REPORT ADNHN-11-98 -2- JUNE 22, 1998 2.0 TERMS AND CONDITIONS: 2.1 The lease being recommended to Council iq fot the space that was occupied by the St.Johns Ambulance and used to house the administration offices of the Fire Department. This area represents 660 square feet. 1 2.2 The lease rate being recommended is the same rate that was approved by Council for the former tenant. 2.3 The proposed tenants will be responsible for their own daily maintenance including custodial, light bulb replacement etc. 2.4 The proposed lease is effective April lst, 1998 and will expire March 31, 1999.Extension is subject to successful negotiations between the parties.Any proposed lease will be-brought to Council at that time. 2.5 The proposed lease also offers the tenants the opportunity to enter into arrangemenfs'with siinildr'-' agencies and bodies upon notification to the Municipality and consistent with the uses permitted by the Lease.At any time the Municipality renews the right to terminate this agreement if any of the conditions are not met. Respectfully submitted, Reviewed by, 4e Freick Horvath,R.D.M.R.,R.R.F.A. W.H. Stockwell, Property Manager Chief Administrative Officer FH:sa � I i ATTACHMENT NO. 1 THE CORPORATION OF TI-1F3 MUNICIPALITY Or CLARINGTON BY-LAW 96- i Being a By-law to authorize the execution of a Leasing Agreement-,beVeen the Corporation of the Municipality of Clarington and the John Howard Society in respect of a lease for premises s tuated at 132 Church Street (Upper Level), Bowmanville, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS-FOLLdWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a Leasing Agreement with St. John Ambulance and said Corporation. 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of June, 1998. _ By-law read a third time and finally passed this day of June, 1998. ~ Mayor Clerk THIS LEASE dated as of the 1st day of April, 1998,in pursuance of the Short Forms of Leases Act BETWEEN: The Corporation of the Municipality of Clai•inglon (hereinafter called the "Landlord") ' - and - John Howard Society (hereinafter called the "Tenant") WI IEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the area containing approximately 660 square feet located in the upper level of the building known as the Fire and Court Building, 132 Church Street,- Bowmanville, Municipality of Clarin ton Regional Municipality"Premises"). of Durham (the _ NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, v y 4 covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1) year commencin April 1, 1998 and ending March 31, 1999 (hereinafter called the "Term"). g (b) If the Tenant shall not be in default under this Lease,the Tenant shall have the right to extend the Term for a further period of one (1) year (the 'Extension Term'). Such right shall be exercisable by written'notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be on the same terms and conditions as contained herein save and except that there shall be no further right of extension of the Term of Extension Term. 2• Use The Tenant shall continuously occupy the Premises throughout the Term,subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed(i)any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. - 2 3 Basic Rent f During the Term, the Tenant shall pay to the Landlord annual minimum rent("Basic Rent") in an amount equal to(i) Five Hundred and Twenty Two Doll rs and Fifty Cents($522.50) per month subject to increase as provided herein for the balahce of the Term. Basic Rent shall be payable in monthly instalments, each payable on the first day of each month,provided that should the Term commence or terminate on a date other than the first day of a month, the Tenant shall pay to the Landlord for that month!a pro rata portion of said monthly payment. Basic Rent shall be considered as accruing from day to day and where it becomes necessary for any reason to calculate rent for an irregular period of less than one year or less than one calendar month, an appropriate apportionment and adjustment shall be made. On the 1st day of June of each year of the Term or Extension Term, as the case may be, after the commencement;thereof the Basic Rent shall increase to an amount equal the Basic Rent for the previous month by a fraction which has as its numerator the Consumer Price Index(Ontario) (The"C.P.I.")for the preceding April and as its denominator the C.P.I.for_ April twelve (12) months prior. The Landlord shall advise the Tenant in writing no later than the 1st of March of each year as to the amount of such increase in Basic Rent, 4. Net Lease The Tenant acknowledges, covenants and agrees that,except as herein expressly set out, it is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties) shall be additional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all ,rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. 5. Repairs and Maintenance' The Tenant hereby accepts the Premises on an ."as is" basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire,,lightning and tempest and structural defects only excepted). The Tenant shall"keep the Premises clean and in such condition as aprudent owner would do. If structural repairs or replacements to the roof,foundation or load bearing walls or the heating equipment of the Premises are required during the Term,then the Landlord shall be obligated,at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. 6. Alterations (a) If the Tenant, during the Terms of this Lease or any renewal of it, desires to make any alterations or additions to the Premises, including bui not limited to: erecting partitions, attaching;equipment, and installing necessary,furnishings or additional equipment of the Tenant's business,the Tenant may do so at his own expense,at any time and from time to time, if the following conditions are met 1ozn - 3 - (i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall ino unreasonably or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as Trade Fixtures"shall be designated as sun on the plan; and any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign, advertisement or notice shall be inscribed,painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 7. Insurance and Indemnification (a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises or the subletting or assignment of same or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors,customers,invitees or licensees and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. (b) The Tenant shall carry: (i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extend sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues: insurance in his own name insuring against the risk Qf damage to the Tenant's property within the Premises caused-by fire or otherlperils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade,equipment,Trade Fixtures,decorations and improvement;and public liability and property damage insurance in the amount of Two Million Dollars($2,000,000.00)in which policy the Landlord shall be a named insured and the policy shall include a cross-liability endorsement; 4 1) 7 1 4 and the Tenant shall provide the Landlord with a co insurer. py Of the policy certified by the 8. Damage and Destruction If the Premises are destroyed or damaged by fire,lightning;tempest or other casualty,then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or any substantial part,of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the'Landlord or the Tenant may at its option, terminate this Lease by giving to the other notice in writing of such termination, in which event, this Lease and the Term shall cease and he at an end as of the elate of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be;apportioned and paid in full to the date of such destruction or damage; 9. Quiet Eniovment The Landlord covenants with the Tenant for quiet enjoyment. 10. Government Reouirements The Tenant shall, at its sole cost and expense, during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation,federal and provincial legislative enactments,Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning,equipment,operation and use thereof and to the making of any repairs, replacements, alterations,additions,changes,substitutions or improvements of or to the Premises. The Tenant shall comply with all police,fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtain all necessary permits,licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein; and (c) carry out all modifications, alterations or changes to the Premises and theJenant's conduct of business in or use of the Premises which are required `by any such authorities.The Tenant shall indemnify and hold the Landlord harmless against any penalty or fine imposed for any violation of any law,by-law or regulation by the Tenant or those for whom the Tenant is in law responsible. 11. Default The following events("Events of Default")shall be deemed a defa It(a"default")under this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder ("Additional Rent") no later than five (5) days following the respective due date; 1 '1 7 ''1 I 5 (b) If the Tenant fails to observe or perform any other term, covenant, condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from'Vie Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) If the Tenant makes an assignment for the benefit of its creditors generally, or il'the Tenant is declared bankrupt or insolvent, or if' a petition in bankruptcy is I'ilcd against the Tenant, or if' the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a.receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including,without limitation,any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant"shall mean the Tenant and any person carrying on business in v or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, furniture, improvements, chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade fixtures,furniture,improvements,chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period of at least twelve (12) months; or (f) If the Premises becomes and remains vacant for a period of five(5)consecutive days. Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. 12. Right of Re-Entry Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have, and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods,chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bul or by individual item, of partly by one means and party by another, all as the Landlord IF its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 1 1-) 77 - 6 = 13. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees th It upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever, The Tenant shall thereupon within three(3)days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant,shall no longer have any right to possession of the Premises,' and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 14 Right to Re-let etc If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable _ law, the Landlord,without limiting its right to recover damages,may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease,make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the'Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied(i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses?of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and_;(iiI) to the payment i of rent due and unpaid hereunder. The residue, if any,will be held by the Landlord and t applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during,that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a.reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 15. Damaees If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-cntry or termination, whichever shall be the later. 16r Separate Remedies The Landlord may from time to time resort io any or all of the rights and remedies available to it upon an Event of Default,eithdr by any provision pf this Lease or by statute or the general law, all of which rights and remedies are intendedlto be cumulative and not alternative and may be exercised generally or in combination. _ I n -7 e - 7- 17. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress,none of the goods ch' ttels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition Of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by dul authorized persons on behalf of the Landlord. y 18. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even though not .r expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 19. Time of Essence Time shall be of the essence in all respects hereunder. 20. Enforceability ceability If any term,covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. 21. Notices Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, it'delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in+iting,except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. 1 1 7 C - 8 22. Right to Sublet } The Tenant shall have the right to sublease any portion of,their useable leased area, provided that the use and occupation of the Area of the Prpmi es remains as permitted by this lease, and is complimentary to the operation of the Tena t. The Tenant must provide the Landlord with written notification bf any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease,the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. , 23. Enurement I This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted:assigns respectively. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Diane Hamre, Mayor And: Patti L. Barrie, Clerk ST. JOHN AMBULANCE I By: And: I G 1 l h ATTACHMENT NO. 2 '111E CORPORATION OFT HE MUNICIPALI'T'Y OF CLARINGTON BY-LAW 96- Being a By-lgvv to authorize the execution of a Leasing Agreement bet(veen the Corporation of the Municipality of Clarington an¢ the Oshawa Clarington Association for Community•Liv ng in respect of a lease for premises situated at 132 Church Street (Upper Level), Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a Leasing Agreement with Oshawa Clarington Association for Community Living and said Corporation. 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of June, 1998. By-law read a third time and finally passed this day of June, 1998. Mayor Clerk i' i THIS LEASE dated as of the 1st day of April, 1998,in pursuance of the Short Forms of Leases Act. BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the "Landlord") and - Oshawa Clarington Association for Community Living (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from the Landlord the area containing approximately 660 square feet located in the upper level of the building known as the Fire and Court Building, 132 Church Street," Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Landlord and the Tenant, the Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises on the following terms and conditions: i ' 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1) year commencing ( April 1, 1998 and ending March 31, 1999 (hereinafter called the "Term"). (b) If the Tenant shall not be in default under this Lease,the Tenant shall have the right to extend the Term for a further period of one (1) year (the "Extension Term"). Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be on the same terms and conditions as contained herein save and except that there shall be no further right of extension of the Term of Extension Term. I • 2. Use The Tenant shall continuously occupy the Premises throughout the Term,subject to and in accordance with the provisions of this Lease, solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed(i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and (ii) any nuisance in, at or on the Premises. The Tenant shall not do or permit anything to be done that resl its in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. i i and the Tenant shall 4 _ � I insurer. Provide the Landlord with a co PY�of the Policy y certified by the s' Dama e and Destruction If the Premise are destroyed r and in every such event e or damaged destruction of such 'n the ged by fire'iightnin unfit for Building' opinion of the Landlord SPest or other casualty)occupancy g renders the whole or architect, the then Tenant to Y or impossible or any substantial damage continue to car unsafe for part of ge or ! ' option, terminate this Lease on its business., either the occu the said Building which event, this Landlo�d ory or 1mPossible for the destruction or Le`aSe and the Terg to the other the Tenant may damage m shall cease and be t t an ting of such Y at its under the terms of ge' and the rent and termination destruction terms mamf this Lease all other end as of the date of , in shall be a Aa ments for which the such Pportioned and Tenant is liable paid in full 9' to the date of such uiet ent � " En'o The Landlord covenants with the Tenant for quiet enjoyment. 10. Government Re uirements The Tenant shall, at its sole cost and (a) observe expense, during the Term; and comply with all a Without li pplicabie Other mitation,federal and governmental laws governmental or Provincial legislative enact and re Partitioning, mu regulations including, replacements g equipment ° Pal regulations which ments,Buildin , alterations peration and use relate to Premises by-laws the pre ,additions thereof and to the the premise mises. The Tenant shall corn angel,substitutions or Makin s °r the imposed by any federal ply with all g of any repairs, underwriters and shat]°, Provincial or Police,fire improvements of or to requirements rve all municipal authorities, sanitary regulations governing the co governmental and ' °r made b -- (b) obtain conduct of municipal regulations y Insurance any business conducted in the Pre all necessary permits,licenses and other Of the Pre mises; � Premises and the conduct se and approvals,relating c business therein; g to the use and occupancy carry out all modifications ' and panty conduct of business ) alterations or chap authorities, in or use of the Premises to the Premises and the Tenant's rite Tenant shall are are required b imposed for y indemnify and hold the Y any such an violation of any law by-law Landlord the Tenant is in law responsihle, harmless g or regulation b against an y the Tenant or thoselfor wham 11. De_ f��t The ase;following events("Events of Defau " Le !t)shall be deemed a default(a "default" (a) If the Tenant fails to additional rent )under this the res hereunder Pay any instalment of Basic respective due date; (Additional Rent.. Rent prompt) no later than five promptly when due or ( ) days following i - 5 - (b) If the Tenant fails to observe or perform any other term, covenant,`condition or obligation under this Lease that is capable of remedy other than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from' he Landlord to the Tenant specifying such default and requiring the Tenant to remedy the default; (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) If the Tenant makes an assignment for the benefit of its creditors generally,or if the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if-a receiver or a receiver and manager is appointed for all or a portion of the Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including,without limitation,any court or governmental body of competent jurisdiction for the dissolution,winding-up or- liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, "Tenant"shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e); If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease, or if any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, furniture,;improvements,'chattels or goods other than in the normal course of-business'so that there would in the event of such sale, disposal or removal be sufficient trade fixtures,furniture,'improvements,;chattels or goods of the Tenant on the Premises subject to distress to satisfy,all rent due or accruing hereunder for a period of at least twelve (12) months; or (f) If the Premises becomes and remains vacant for a period of five(5)consecutive days. Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary, 12. Right of Re-Entry Upon an Event of Default and at the opinion of the Landlord,the Landlord,in addition to any other remedy or right it may have,and without notice or any form of legal process,may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods,chattels,'equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in'bul}C or by individual item,or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 1242 - 6- 13. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agreet that upon an Event of Default the Landlord shall have the right to terminate this Lease u on notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon within three(3)days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises anti dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 1.1. IZij;hl to Re-lel etc If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease, make any alterations and repairs considered necessary by the r Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied(i) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii) to the payment of rent due and unpaid hereunder. The residue, if any,will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its, part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect this Lease for a previous breach, at any time to terminate 15. Damages If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination,whichever shall be the later. 16. Separate Remedies The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default,either by any provision f this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. 1 � Q � - 7 17. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in force limiting or abrogating the right of distress, none of the good4,ctjattels or trade fixtures of the Tenant on the Premises at any time during the'Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by ; virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant,conditions, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Landlord, 18 Covenants' _ Every obligation•of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes, The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 19 Time of Essence Time shall be of the essence in all respects hereunder. 20,' Enfor_ ceability If any term,covenant or condition of this Lease or the application thereof to any person or circumstance is to any extent held or:rendered invalid, unenforceable or !illegal, the remainder of this Lease or the application of'such term,covenant or conditions to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law. 21. Notices - Any notice that one party hereto may desire or be required to give to the other party hereto shall for all purposes be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing,except as expressly otherwise provided'herein,'and shall be given only by delivery as aforesaid in the event of post interruption. - 8 - 22. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Pi+em}ses remains as permitted by this lease, and is complimentary to the operation of the Tenant. The Tenant must provide the Landlord with written notificationlof any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing, At any time during the term of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. - 23. Enurement This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns respectively. IN. WHEREOF the parties have duly executed and unconditionally delivered.this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: - Diane Hamre, Mayor And: Patti L. Barrie, Clerk OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING By: And: I UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT i I Meeting: GENERAL PURPOSE AND AD�INISTRATION COMIVfI`ffkE Date: June 22, 1998 Res. # Addendum to Report #: CD-34-97 By-law # Subject: LONG-TERM SERVICE AND RETIREMENT i Recommendations: —� - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT the Addendum to Report CD-34-97 be received; and i 2. THAT the policy attached to the Addendum to Report CD-34-97 as Attachment No. 1 be adopted as the Municipality of Clarington's Long-Term Service and Retirement Policy. i BACKGROUND AND COMMENT: At the Council meeting held on July 7, 1997, Report CD-34-97 was referred back to staff for further review. A copy of that report is attached hereto as Attachment No. 2. In order to determine the method of employee recognition across the Region, all area municipalities were contacted and the findings are outlined below: • Region of Durham - A dinner and dance is held every other year to recognize retirees and long-term service employees. ,Retired employees are presented with a framed certificate of service and a cheque in the amount of $250. Employees achieving 25, 30, 35 and �0 years of service are recognized and presented with a framed certificate of service and a sterling silver service pin. • Town of Pickering - No formal policy is in place, however, all employees receive a watch after 25 years of service. 1 � n1 it Addendum to Report CD-34-97 - 2 - June 22, 1998 j • Town of Ajax - Employees receiveigi#s, the amount of money to be spent dependent upon the number of year of service. . 1 Town of Whitby - Employees with 25 years of service are recognized at a dinner and presented with a service ring. Upon retirement, a dinner is held and a gift is purchased, following a general collection. • City of Oshawa - Employees with 25, 30, 35, 40 and 45 years of service or who are retiring are recognized at an annual dinner at which all employees being recognized are presented with a certificate of service. The long-term service employees receive a service pin and retirees receive a gift of appreciation. • Township of Scugog - Upon retirement, employees receive a bonus in an amount equal to $25.00 for each year of service. " • Township of Uxbridge - All employees are recognized as follows: I • 10 Years - Silver Pin with 10 Years" engraved • 20 Years - Gold Pin with "20 Years" engraved • 25 Years - Gold Pin with 1 diamond • 30 Years - Gold Pin with 3 diamonds i • Retirement - Gold watch with Coat of Arms in face of watch I These awards are presented during the annual Christmas party. • Township of Brock - Staff•purchase gifts for retirees following a general collection. During discussion of the original report, Council raised the issue of recognition of part-time employees. Each of the municipalities contacted, with the exception of the Region of Durham, confirmed that their policy does not include part-time employees. The Region indicated that during their last retirement banquet, they included any part- time employees who had attained the age of 55 years and had taken the retirement package for the first time. The Municipality relies on the services of approximately 12 permanent part-time e em to p yes and an additional 100 art-time firefi 'hters. - p g All part-time staff provide a valuable resource to the Municipality and it 's therefore recommended that they be included within the policy, on the same bass as the Regional policy. 1 7-n i Addendum to Report CD-34-97 - 3 - June 22, 1998 The policy indicates that a wine and cheesd party will be held on the last Thursday of March each year. Because of the timing, it is suggested that in 1998 the event be held the first Thursday of October. This will' provide sufficient time for the awards to be prepared. ' Respectfully su mitted Reviewed by Patti L/Barri , .M.C.T. W.H. Stockwell Clerkc Chief Administrative Officer Enc i j i i Attachment No. 1 June 22, 1997 THE MUNICIPALIP4 OF CLARINGTON g POLICY: RECOGNITION OF LONG TERM SERVICE AND RETIREMENT LONG TERM SERVICE I The Municipality of Clarington appreciates and values its Staff. In recognition of the contribution of those employees who have given loyal and dedicated service, the Municipality of Clarington will hold a wine and cheese party (cash bar) each year on the last Thursday of March. Those invited as guests of the Municipalitye:�..._. all present employees who have reached 5, 10, 15, 20, 25 or more years of i service and their guest(s). i As an expression of appreciation, the Municipality shall make the following presentation to each employee depending on the number of years of their service j with the Corporation. 5 years - a plaque i 10 years - 10-year medallion to be placed on original plaque 15 years - 15-year medallion to be placed on original plaque i 20 years - 20-year medallion to be placed on original plaque 25 years - a ring or watch The Chief Administrative Officer will prepare and maintain an up-to-date list of employees to whom presentations will be 'rr ade and will advise these employees by the first day of March of each year. 1 -4 (1.A - 2 t The Mayor and Members of Council will beiinvited to the function and, should the Mayor not be available to make the presentations on the evening in question, the Acting Mayor will act on his/her behalf. The Chief Administrative Officer's Office will be responsible for organizing the function to be held at the Municipal Administrative Centre or other appropriate facility. E R TIREMENT The Municipality shall recognize the retirement of its full-time employees and- -time employees who have provided a minimum of 10 years service to the municipality, attained the age of 55 and have opted into the retirement package. The Department Head in charge of the retiree shall initiate and organize the function for which the employee has indicated a preference: i a) Farewell Dinner j b) Wine and cheese"party c) Afternoon Tea i Any costs related to the retiree and his/her guest will be incurred by the Municipality and other attendees will be requested to purchase a ticket. All retiring employees shall receive a Plaque from the Municipality, together with a letter from the Mayor and Members of Council thanking them for their years of dedicated service. The Municipality shall contribute $250.00 toward the cost of an enduring gift to any person retiring or long-term employee leaving the Corporation. 1305 I - 3i li BUDGET j f The monies for expenditure for the "Recognition of Long-Term Service and Retirement" Policy will be budgeted in,a special account under Unclassified Administration. RETIREMENT PLANNING The Municipality of Clarin ton recognizes that employees should-be be rovid ed with positive motivation and support while preparing for their retirement and that i successful pre-retirement planning will help to ensure that employees remain productive during their final years of service with the Corporation. Basic retirement facts, such as financial planning, health and nutrition, legal issues, volunteerism, etc. provide the fundamentals fora re-retirement planning - P p g program as the infusion of an � unlimited quantity of free time is the new dimension for a retiree and the individualized adaptation to its use is the key to personal pleasure. The Municipality of Clarington will offer Pre-retirement Seminars for employees who have indicated an interest in attending. i i 1306 Attachment No. 2 f THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1�1��ffi6`�9iX�X3E'3��IfX�6t7�T�?OI� XF�X ' REPORT Meeting: GENERAL PURPOSE AND ADMINDS%RATION COMMITTEE File 1 Res. H 3 5/ -- e ' Date: JULY 7, 1997 f By-Law ti Report #:-CD-34-97 File #: Subject: LONG-TERM SERVICE AND RETIREMENT POLICY i i Recommendatlons: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the- following: 1 . THAT Report CD-34-97 be received; and r 2 . THAT the policy attached to Report CD-34-97 as Attachment No. 1 be adopted as the Municipality of Clarington' s Long- Term Service and Retirement Policy. BACKGROUND AND COMMENT: Attached hereto is a policy for recognition of the municipality' s long-term and retiring employees, which is self-explanatory. This policy was devised by a committee of staff members and has been discussed during a meeting of Department Heads and managers . Presently, the municipality does not have a policy adopted by Council which provides for consi.s,tant recognit ion of long-term service or retirements of its employees . When a member of staff retires, the department in charge of the retiree decides (in conjunction with the retiree) what type ot event will be held. Accordingly, no consistency exists with the recognition given to retirees . It is therefore recommended that the attached policy be adopted as the Municipality' s "Recognition of Long-Term Service and Retirement Policy" . Respectfu ly submitted Reviewed by A./I _2 L Batt ' L. Ba ie, A.M.C.T. I W.H. Stockwell Cl Chief Administrative Officer PLB .Enc 1.30 7