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10/15/2012
DATE: October 15, 2012 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of September 24, 2012 4 -1 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By -law 84 -63 5 -1 Applicant: Prestonvale Heights Limited Report: PSD- 044 -12 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1 List) (a) Mike Porporo, Municipal Relations Representative, Municipal Property Assessment Corporation, Regarding the Upcoming Reassessment (b) Frank Debrah Regarding Establishing a Pedestrian Walkway to Bridge the Townline Road Gap 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT (a) PSD- 044 -12 To Expand the List of Commercial Uses for an Existing 8 -1 Mixed -Use Plaza (b) PSD- 045 -12 Application for Removal of Holding 8 -13 Applicant: Prestonvale Developments Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 G. P. &A. Agenda - 2 - October 15, 2012 9. ENGINEERING SERVICES DEPARTMENT No Reports (a) EGD- 027 -12 West Beach Road Safety Review 9 -1 10. OPERATIONS DEPARTMENT (a) OPD- 010 -12 Cost for Paving the Orono Library Parking Lot 10 -1 (b) OPD- 011 -12 Mobile Stage 10 -8 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 029 -12 Vending Machines in Clarington Leash Free Park 13 -1 (b) CLD- 030 -12 Animal Services Quarterly Report — 13 -5 July — September, 2 -12 14. CORPORATE SERVICES DEPARTMENT (a) COD 7023 -12 Great West Life Renewal November 1, 2012 and Future 14 -1 (b) COD - 024 -12 Purchasing By -law Amendment 14 -4 (c) COD - 025 -12 RFP2012 -8 Fire Master Plan 14 -7 15. FINANCE DEPARTMENT (a) FND- 023 -12 Financial Impact Analysis of Clarington Official Plan 15 -1 Review: Growth Management Component 16. SOLICITOR'S DEPARTMENT (a) LGL- 006 -12 Lease of Closed Road Allowance (Bond Street) 16 -1 To Sheryl and Stan Zuly 627 Mill Street South, Newcastle 17. CHIEF ADMINISTRATIVE OFFICE No Reports G.P. & A. Agenda - 3 - October 15, 2012 18. UNFINISHED BUSINESS (a) Correspondence from John O'Toole, M.P.P., Durham, Providing an 18 -1 Update on Bill 121 —Ability to Pay Act (Referred from October 1, 2012 Council Meeting) 19. OTHER BUSINESS (a) Request for Report Regarding a Permanent Structure at 71 Old Kingston 19 -1 Road in Courtice (To be Introduced by Councillor Neal) (b) Darlington Soccer Club's Request that the Municipality Construct Outdoor 19 -2 Artificial Turf Fields (To be Introduced by Councillor Novak) 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS (a) LGL- 007 -12 Newcastle Fire Hall #2 3333 Durham Regional Highway 2 Potential Claim for Environmental Clean -up 22. ADJOURNMENT QJing [he Wu } General Purpose and Administration Committee Minutes September 24, 2012 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 24, 2012 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Deputy Fire Chief, Mark Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Community Planning & Design, Carlos Salazar Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, under the Corporate Services Department section of the Agenda, Councillor Novak also declared an interest in Report COD - 021 -12. ANNOUNCEMENTS Councillor Traill attended the following events: • The 9t" Annual "Take Back the Night — Walk for a Safer Community ", hosted by Bethesda House, on Tuesday, September 18, 2012, which started at the Bowmanville Legion. • The Public Information Centre for the new French Immersion School on Wednesday, September 19, 2012 at the Bowmanville High School. - 1 - 4 -1 General Purpose and Administration Committee Minutes September 24, 2012 Councillor Woo attended the Orono Chili Cook -Off and Pie Auction on Saturday, September 22, 2012 in downtown Orono. Councillor Woo announced the following upcoming events: • The 2nd Annual Road Hockey to Conquer Cancer event on Saturday, September 29, 2012 to raise funds for Princess Margaret Hospital. • A Port Granby Discussion Group Project Update on Wednesday, September 26, 2012 at the Newcastle Community Hall. Councillor Hooper attended the following events: • This past weekend the television show, "Million Dollar Neighbourhood ", hosted a makeover of a home on Queen St. in Bowmanville. • The Bowmanville Rotarians hosted the Rotary Foundation Walk for District 7070 on Sunday, September 23, 2012 starting at the Clarington Beech Centre and toured the downtown, Valleys 2000 and Rotary Park. Councillor Hooper announced the following upcoming events: • The grand opening of "Coffee and Cakes" on Tuesday, September 25, 2012 in downtown Bowmanville. • The 19th Annual United Way Wing Fest on Tuesday, September 25, 2012 at the General W. Sikorski Polish Veterans Association Hall in Oshawa. • The Clarington Blooms Award Ceremony on Wednesday, September 26, 2012 at Clarington Central Secondary School. • The Clarington Board of Trade will be hosting the 2012 Mayor's Annual Address on Thursday, September 27, 2012 at the Newcastle Community Hall. • The Family Safety Day on Saturday, September 29, 2012 at Fire Station #1 in Bowmanville. Councillor Novak attended the following events: • The "Heritage Harvest" Fundraising Dinner on Saturday, September 22, 2012 at Tooley Mill, with proceeds in support of the Clarington Museums and Archives. • The Canadian Breast Cancer Pink Tour on Sunday, September 23, 2012. Councillor Novak announced the following upcoming events: • The Community Services Department is hosting a Sports & Leisure Fair on Friday, September 28, 2012 at the Garnet B. Rickard Recreation Complex. • The CIBC Run for the Cure on Sunday, September 30, 2012. • CityTV Breakfast Television will be coming to Valleys 2000, regarding the salmon transfer, on the morning of Tuesday, September 25, 2012. • The 15th Annual Durham Children's Groundwater Festival starts today and continues until September 28, 2012 at Camp Samac in Oshawa, hosted by the Central Lake Ontario Conservation Authority. -2- 4 -2 General Purpose and Administration Committee Minutes September 24, 2012 • Public Info Centre hosted by URS, for the 401 improvements from Courtice Road to East Townline on Wednesday, September 26, 2012 at the Baseline Community Centre. Mayor Foster announced the following upcoming events: • The Community Services Department is hosting a Sports & Leisure Fair on Friday, September 28, 2012 at the Garnet B. Rickard Recreation Complex. • A 1940's Theme Dinner /Dance called "Shell- a- bration" on September 28, 2012 at Deer Creek Golf and Banquet Facility in Ajax to honour the women of Defence Industries Limited (DIL). All proceeds will go to the Ajax Bomb Girls Legacy Campaign to commission a monument. • The Family Safety Day on Saturday, September 29, 2012 at Fire Station #1 in Bowmanville. • The Million Dollar Neighbourhood television show will be hosting a fundraising event at the Bowmanville Zoo on Saturday, September 29, 2012 called "Cirque de Bowmanville ". • A flag raising of the Franco - Ontario Flag on Tuesday, September 25, 2012 at the cenotaph in Bowmanville. MINUTES Resolution #GPA- 439 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 10, 2012, be approved. CARRIED PUBLIC MEETING There were no public meetings held. DELEGATIONS Sheila Hall, Executive Director, Clarington Board of Trade (CBOT) was present regarding the CBOT Third Quarter Report to Council (which was previously distributed to Committee Members). Ms. Hall announced that the CBOT held their grand opening of their new offices on September 20, 2012 at 54 King St. E., Suite 102, Bowmanville. She highlighted the number of new leads, including those in the commercial retail, food processing, energy, manufacturing, entertainment/accommodations, and land development sectors. Ms. Hall reminded Council that the CBOT follows up with the open leads monthly. She noted that the new offices have provided a better profile in terms of quality and quantity of inquiries. As a result of the new offices, Ms. Hall stated -3- 4 -3 General Purpose and Administration Committee Minutes September 24, 2012 that the CBOT is able to provide new programming with partner agencies, such as the Spark Centre and Durham Angel Network, as well as rental of the boardroom. She noted that the building inventory project is continuing. Ms. Hall highlighted the Clarington Energy Summit which will be held on October 4, 2012. Ms. Hall provided the Committee with the names of CBOT members which contributed to the recent Million Dollar Neighbourhood home makeover. She concluded by confirming that business is growing in Clarington. Resolution #GPA- 440 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Sheila Hall, regarding the Clarington Board of Trade's Third Quarter Report to Council, be received with thanks. CARRIED PRESENTATIONS There were no presentations. Councillor Novak chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT PERIODIC REPORT ON PLANNING ACTIVITIES FOR 2nd PERIOD MAY — AUGUST 2012 Resolution #GPA- 441 -12 Moved by Councillor Neal, seconded by Mayor Foster THAT Report PSD- 042 -12 be received for information. CARRIED CERTIFIED SOLAR APPLICATION UNDER THE FIT PROGRAM OF THE GREEN ENERGYACT 2009 Resolution #GPA- 442 -12 Moved by Councillor Woo, seconded by Councillor Partner THAT Report PSD- 043 -12 be received; 4 -4 General Purpose and Administration Committee Minutes September 24, 2012 - THAT Council approve the resolution contained in Attachment 3 of Report PSD- 043 -12 supporting FIT applications by Certified Solar on behalf of Bill Metcalf at 2185 Bloor Street and 2077 Bloor Street, Bowmanville, as follows: WHEREAS Certified Solar (the applicant) proposes to construct and operate a rooftop solar array (the "Project ") on existing farm buildings on the lands at 2077 Bloor Street and 2185 Bloor Street, Bowmanville (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports the construction and operation of the Project on the Lands; and THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. THAT Council approve the resolution contained in Attachment 4 of Report PSD- 043 -12 supporting FIT applications by Certified Solar on behalf of Terry Hollingsworth at 4240 Concession Road 4, Orono, as follows: WHEREAS Certified Solar (the applicant) proposes to construct and operate a rooftop solar array (the "Project ") on existing farm buildings on the lands at 4240 Concession Rd 4 , Orono (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; 3611 4 -5 General Purpose and Administration Committee Minutes September 24, 2012 AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports the construction and operation of the Project on the Lands; and THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. THAT all interested parties listed in Report PSD- 043 -12 be advised of Council's decision. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2012 Resolution #GPA- 443 -12 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report EGD- 025 -12 be received for information. CARRIED MUNICIPALITY OF CLARINGTON COMMENTS ON THE 2012 REGIONAL CYCLING PLAN Resolution #GPA- 444 -12 Moved by Councillor Novak, seconded by Councillor Neal THAT Report EGD- 026 -12 be received; 4 -6 199V General Purpose and Administration Committee Minutes September 24, 2012 THAT a copy of Report EGD- 026 -12 be forwarded to the Region of Durham with a request that the Region implement the following comments in the final Regional Cycling Plan: i) The Municipality supports the Primary Cycling Network as depicted in the Region's plan with the following additions: • Durham Highway 2 from West Townline Road to Regional Road 57, • King Street East and West from Regional Road 57 to Mearns Avenue, • Durham Highway 2 from Mearns Avenue to Lambs Road, • King Avenue East and West from Rudell Road to Arthur Street, • Durham Highway 2 from Arthur Street to East Townline Road, • Regional Road 17 from Edward Street to Concession Road 3, • Future Arterial 'B' road between Trulls Road and Courtice Road north of the CPR, • Aspen Springs Drive from Green Road to Regional Road 57, and • Regional Road 57 from Nash Road to Longworth Avenue as requested by the Beech Street Spinners Cycling Club. ii) The Region should show the Waterfront Trail on all maps and include this trail (and all connections to it) as part of the Primary Cycling Network. iii) The Municipality concurs with the cycling facility types as depicted in the report. The Primary Cycling Network should include a multi -use path on one side of Durham Highway 2 between Courtice and Bowmanville where the speed limit is 80 KPH. iv) The construction of the Primary Cycling Network should not be tied entirely to the timing of future road construction /reconstruction projects. v) The Region should clarify the phasing of the construction of the Primary Cycling Network in Clarington, and the Region should provide a five year forecast of construction in order for Clarington to coordinate the construction of secondary routes to ensure connectivity. vi) The Region should commit to dedicating a fixed sum each year in the Region's budget to ensure continuous, reliable and sustainable funding for the construction of the Primary Cycling Network. vii) The Region should be responsible for 100% of the cost of constructing all cycling facilities on the Primary Cycling Network. Subsequently, Clarington will be responsible for maintaining the facilities on local roads; and THAT all interested parties listed in Report EGD- 026 -12 be advised of Council's decision. A-41 71 17 7- 4 -7 General Purpose and Administration Committee Minutes September 24, 2012 Councillor Woo chaired this portion of the meeting. OPERATIONS DEPARTMENT SENIOR CITIZENS AND THE PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM Resolution #GPA- 445 -12 Moved by Councillor Partner, seconded by Councillor Hooper THAT Report OPD- 008 -12 be received; and THAT the fee for resident participation in the Senior Citizens And The Physically Disabled Sidewalk And Driveway Windrow Snow Clearing Program be increased to $70 + HST per registered address. MOTION LOST Resolution #GPA- 446 -12 Moved by Councillor Novak, seconded by Councillor Traill THAT Report OPD- 008 -12 be received; and THAT the fee for resident participation in the Senior Citizens And The Physically Disabled Sidewalk And Driveway Windrow Snow Clearing Program remain at $60 + HST per registered address. CARRIED HAZARDOUS HOUSEHOLD WASTE (HHW) & ELECTRONIC WASTE (EW) Resolution #GPA- 447 -12 Moved by Councillor Novak, seconded by Mayor Foster THAT Report OPD- 009 -12 be received for information. CARRIED General Purpose and Administration Committee Minutes September 24, 2012 Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY ACTIVITY REPORT — JUNE 2012 MONTHLY ACTIVITY REPORT — JULY 2012 MONTHLY ACTIVITY REPORT — AUGUST 2012 Resolution #GPA- 448 -12 Moved by Mayor Foster, seconded by Councillor Partner THAT Reports ESD- 013 -12, ESD- 014 -12, and ESD- 015 -12 be received for information. CARRIED Mayor Foster chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CORPORATE SERVICES DEPARTMENT RFP2012 -6 SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS Resolution #GPA- 449 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD - 019 -12 be received; THAT B.J. Flint and Sons, Bowmanville, Ontario, with a total estimated bid price of $1,251,704.16 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications be awarded the contract for RFP2012 -6 Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service the Purchasing Manager be given authority to extend the contract for a second and third year; and 4 -9 General Purpose and Administration Committee Minutes September 24, 2012 THAT the funds expended be drawn from the Department of Operations, various operating accounts. CARRIED RFP2012 -5 SENIORS & PHYSICALLY DISABLED SIDEWALK & WINDROW SNOW CLEARING SERVICES Resolution #GPA- 450 -12 Moved by Councillor Novak, seconded by Councillor Neal THAT Report COD - 020 -12 be received; THAT B &D Tractor, Bowmanville, Ontario, with a total estimated bid price of $403,526.43 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications be awarded the contract for RFP2012 -5 Seniors & Physically Disabled Sidewalk & Windrow Snow Clearing Services, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service the Purchasing Manager be given authority to extend the contract for a second and third year; and THAT the funds expended be drawn from the Department of Operations, various operating accounts. CARRIED CL2012 -25 SUPPLY & HAULAGE OF GRANULAR MATERIAL Councillor Novak declared a pecuniary interested in Report COD - 021 -12 as she has a family member who works for AECOM. Councillor Novak left the room and refrained from discussion and voting on this matter. Resolution #GPA- 451 -12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD - 021 -12 be received; THAT Robert E. Young Construction, Peterborough, Ontario, with a total estimated bid price of $192,324.82 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2012 -25, be awarded the contract for Supply & Hauling of Granular Material, as required by the Municipality of Clarington, Operations Department; -10- 4 -10 General Purpose and Administration Committee Minutes September 24, 2012 THAT funds in the amount of $219,000.00 which includes $192,324.82 for tendering, administration, material testing and contingencies be drawn from the Operations Department 2012 Gravel Patch /Resurfacing Miscellaneous Operating Expense — Various Prices Account 100 -36- 382 - 10280 -7112; and THAT pending satisfactory pricing and service the Purchasing Manager be given authority to extend the contract for a second and third year. CARRIED Councillor Novak returned to the meeting. PURCHASE OF FOUR WHEEL DRIVE TRACTOR C/W PLOW MOUNT & CONTROLS, SIDE BOOM & REAR FLAIL MOWER Resolution #GPA- 452 -12 Moved by Councillor Partner, seconded by Councillor Novak THAT Report COD - 022 -12 be received; THAT the requirements of Section 2, Bid Policies of By -law 2010 -112 be waived for this transaction; THAT the Purchasing Manager be authorized to solicit Expressions of Interest from known tractor manufacturers to determine the availability of a Four Wheel Drive Tractor complete with Plow Mount and Controls, Side Boom and Rear Flail Mower suitable for Clarington requirements; THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit and issue a purchase order; and. THAT an information report to Council be provided summarizing the results of the Request for the Expressions of Interest process. CARRIED Councillor Woo left the meeting at 11:20 a.m. - 11 - 4 -11 General Purpose and Administration Committee Minutes September 24, 2012 RECESS Resolution #GPA- 453 -12 Moved by Councillor Partner, seconded by Councillor Traill THAT the Committee recess for 35 minutes. CARRIED The meeting reconvened at 11:59 a.m. FINANCE DEPARTMENT 2012/2013 INSURANCE PROGRAM Resolution #GPA- 454 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND- 019 -12 be received; THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2012 to June 30, 2013 at an approximate cost to Clarington of $874,403 be confirmed; THAT Council request that the Province support AMO's initiative to seek reform of Joint and Several Liability Legislation to provide relief to municipalities by reducing their cost of insurance claims and insurance premiums; and THAT a copy of this resolution be forwarded to all Members of Provincial Parliament representing Durham Region. CARRIED LATER IN THE MEETING (See following motions) SUSPEND THE RULES Resolution #GPA- 455 -12 Moved by Councillor Neal, seconded by Councillor Novak THAT the Rules of Procedure be suspended. CARRIED -12- 4 -12 General Purpose and Administration Committee Minutes September 24, 2012 Resolution #GPA- 456 -12 Moved by Councillor Neal, seconded by Councillor Novak THAT Members of Committee be allowed to speak to the matter of the Report FND- 019 -12 for a second time. CARRIED The foregoing Resolution #GPA- 454 -12 was then put to a vote and carried. Councillor Woo returned to the meeting at 12:05 p.m. FINANCIAL UPDATE AS-AT JUNE 30, 2012 Resolution #GPA- 457 -12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report FND- 020 -12 be received for information. CARRIED LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENT, WRITE OFFS OR REFUND OF TAXES Resolution #GPA- 458 -12 Moved by Councillor Neal, seconded by Councillor Woo THAT Report FND- 021 -12 be received; and THAT the list of applications for cancellation, reduction, apportionments, write -offs or refund of taxes attached to Report FND- 021 -12 be approved. CARRIED SERVICING OF NON - RESIDENTIAL DEVELOPMENT OPPORTUNITIES Resolution #GPA- 459 -12 Moved by Councillor Novak, seconded by Councillor Neal THAT Report FND- 022 -12 be received for information. CARRIED -13- 4 -13 General Purpose and Administration Committee Minutes September 24, 2012 SOLICITOR'S DEPARTMENT The Solicitor's Department report was considered under the Confidential Reports section, later in the meeting. CHIEF ADMINISTRATIVE OFFICER FEDERAL ELECTORAL BOUNDARIES — MUNICIPALITY'S KEY MESSAGES AND PRINCIPLES IN RESPONSE TO BOUNDARY COMMISSION'S PROPOSALS Resolution #GPA- 460 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CAO- 004 -12 be received for information. CARRIED UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. OTHER BUSINESS REQUEST FOR REPORT — NAMING OF "71 OLD KINGSTON ROAD" PROPERTY AS "TOOLEY MILL PARK $ Resolution #GPA- 461 -12 Moved by Councillor Neal, seconded by Councillor Novak THAT Staff report on naming the property located at 71 Old Kingston Road as "Tooley Mill Park ". -14- 4 -14 General Purpose and Administration Committee Minutes September 24, 2012 REQUEST FOR REPORT - PROVISION OF PUBLIC WASHROOOMS IN DOWNTOWN CORES Resolution #GPA- 462 -12 Moved by Councillor Partner, seconded by Councillor Woo THAT Staff report on how to successfully offer public washrooms in the downtown cores including Orono, Courtice, Bowmanville, and Newcastle in the Municipality of Clarington. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda CONFIDENTIAL REPORTS 173 BASELINE ROAD BOWMANVILLE SUPERIOR COURT FILE NO. 128/09 ART ROBINSON V. MUNICIPALITY OF CLARINGTON ET AL CLOSED SESSION Resolution #GPA- 463 -12 Moved by Councillor Partner, seconded by Councillor Novak THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following three items: • Confidential Report LGL- 005 -12 regarding 173 Baseline Road, Bowmanville, a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board • Councillor Neal's question regarding tax arrears, a matter which deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose; Councillor Novak's question regarding dredging of Bowmanville Creek, a matter which deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose. CARRIED -15- 4 -15 General Purpose and Administration Committee Minutes September 24, 2012 RISE AND REPORT The meeting resumed in open session at 2:00 p.m. with Mayor Foster in the Chair. Mayor Foster advised that three items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed. ADJOURNMENT Resolution #GPA- 464 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 2:01 p.m. MAYOR 4 -16 CARRIED DEPUTY CLERK PUBLIC MEETING REPORT # PSD- 044 -12 PRESTONVALE HEIGHTS LIMITED NOTICE .0F COMPLETE,APPLICATION Leading theWrry AND RUBLIC MEETING.- The Municipality of Clarington, has received a Complete Applicafions.for-.a proposed. Zoning -By -law Amendment. APPLICANT: Prestonvale He bhts,Limited PROPERTY: I 1.5 Rosswell Drive, Gourtice PROPOSAL: TO EXPAND-THE LIST OF. COMMERCIAL* USES FOR AN EXISTING MIXEb-USE PLAZA TO INCLUDE: • A BANK (FINANCIAL -OFFICE);' • A.DINE -iN RESTAURANT (EATING ESTABLISHMENT); e A COMMERCIAL SCHOOL; AND • A VETERINARY CLINIC: FiLE NO.: _L._ZBA 2012-00'12 A Public Meeting, to receive input :on this application, will be held on: .DATE: Monday, O.cfober :15 ",.2012.-- TiME: 9:30 a.m. .PLACE: Council Chambers,. 2 "d Floor, MunicipaF Administrative Centre :40 Temperance Sf,, Bowmanville ON Additional.information is.available'between 8:30 a.m. and 4:30 p.m. at-the Planning Services Depart mment, 3`d Floor, 40 Temperance St., Bowmanville, ON L1 C 3A6, or by calling Paul -Wirch at (905) 623 -3379 ext. 2422 or -by e -mail atfpwirch(c(c�claringfifln.nefi: -Further details can be found on our website h_tt� / /www.clarington.net/htdocs /planning rosswell plaza.html. If you cannot'attend the Public Meeting-'on October 15th, you can make a "deputation to Council' at their meeting on -Monday, October 22 "d, 2012, at-7:00 p.m. If you wish to appear before Council, you must register with the Clerks Department by.noon on Wednesday, October 17th, 2012. APPEAL. If a person or public body does not make .oral submissions at a public meeting or make written . submissions to the Municipality of Clarington; Planning Services Department before .the. by -law is passed, the person or public body, i) . -is not, entitled.to appeal the decision of Clarington Council to the Ontario Municipal Board; and if) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, -in the opinion of the Board, there are -reasonable. . unds to do so. 3avid rome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services". Bowmanville ON Vlunici'pality of Clarington. L1 C' 3A6 5 -1 )ated at the Municipality of Clarington this 10th day of September, 2012. OSSVyELL DR _ / 3m 3 6, o =(o rn �� v .m r otl o° CO Sam _ == __• _ aniiiiiiiiii- Nil �nnnunn► Ow Mil- �� _ �� oC .O 11111 ..' !, / //� � � "� \� ��I.• III � �• �♦ � 't i�IUIIII \�� Iliplll,� 5 -2 DRAFT LIST OF DELEGATIONS GPA Meeting: October 15, 2012 (a) Mike Porporo, Municipal.Relations Representative, Municipal Property Assessment Corporation, Regarding the Upcoming Reassessment (b) Frank Debrah Regarding Establishing a Pedestrian Walkway to Bridge the Townline Road Gap 6 -1 zP01#11wroill � J 01 IWA i Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 15, 2012 Resolution #: By -law #: Report #: PSD- 044 -12 File #: ZBA 2012 -0012 Subject: TO EXPAND THE LIST OF COMMERCIAL USES FOR AN EXISTING, MIXED -USE PLAZA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 044 -12 be received; 2. THAT, provided there are no significant issues raised at the Public Meeting, it is recommended that the application to amend the Zoning By -law, as submitted by Prestonvale Heights Limited, be approved, and that the draft Zoning By -law Amendment, as contained in Attachment 3 to Report PSD- 044 -12, be passed; and 3. THAT all interested parties listed in Report PSD- 044 -12 and any delegations be advised of Council's decision. i Submitted by: �` Reviewed by: David J. ome,' CIP, RPP Fran in Wu, Director of Planning Services �� Chief Administrative Officer PW /COS /df (, 3 October 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 REPORT NO.: PSD- 044 -12 1. 1.1 APPLICATION DETAILS Owner/ Applicant: Prestonvale Heights Limited 1.2 Proposal: 1.3 Area: 1.4 2. 2.1 Location: BACKGROUND Paae 2 To expand the list of commercial uses for an existing mixed -use plaza to include: • A bank (financial office); • A dine -in restaurant (eating establishment); • A commercial school; and • A veterinary clinic. 0.68 ha 15 Rosswell Drive, Courtice The existing commercial and residential zoning rights for this property came into effect as a result of a Zoning By -law amendment which was approved in June of 2007. Site Plan approval was subsequently granted in the Spring of 2008 for the construction of a mixed -use (residential and commercial) building. 2.2 Since final construction of the building in 2011, the Applicant has succeeded in tenanting most, but not all, of the commercial units. It is the Applicant's opinion that granting permission for a select number of additional uses would allow them to secure leases with tenants that are not currently permitted to operate on this property. The Applicant believes that each of the proposed uses would be compatible with the mixed -use nature of the plaza. As a result, on July 30th, 2012, Prestonvale Heights Limited submitted an application to expand the list of commercial uses on the subject property. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The existing 0.68 ha plaza, is located within the triangle formed by Bloor Street, Rosswell Drive and Dewell Crescent. The level site contains the existing mixed -use (commercial and residential) building along with the associated landscaping and parking areas. AM REPORT NO.: PSD- 044 -12 FIGURE 1 Existing building viewed from Bloor Street and Roswell Drive facing southeast FIGURE 2 Existing building viewed from Dewell Crescent facing northeast 3.2 The uses that surround this property are as follows: North - Future residential South - Existing, low- density residential East - Intersection of Prestonvale Road and Bloor Street West - Existing, low- density residential PAGE 3 REPORT NO.: PSD- 044 -12 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement PAGE 4 The Provincial Policy Statement (PPS) promotes efficient land use and development patterns while at the same time ensuring that any development avoids harmful impacts upon both public health and the environment. The PPS encourages the use of intensification and redevelopment to broaden the appropriate mix and range of employment uses. All of these goals are to be achieved within existing settlement areas and in a manner which minimizes land consumption and servicing costs. The Applicant's proposed repurposing of the existing commercial plaza, by extending the list of permitted uses to include four additional commercial uses, will not place an increased burden on Municipal infrastructure. This application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan (Growth Plan) directs new growth to built -up areas where sufficient capacity exists to accommodate this growth in a compact and efficient form. One of the Growth Plan's preferred means of achieving that growth is through the intensification of existing sites, including the introduction of new uses, such as is being proposed by this application. One of the Growth Plan's goals is to optimize existing land supply in an effort to better utilize existing municipal services. This application conforms with the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property "Living Areas ". Living Areas shall be used predominately for housing purposes but may also permit retail in appropriate locations where they have been identified in the local Official Plan. This proposal conforms with the Durham Regional Official Plan. 8 -4 REPORT NO.: PSD- 044 -12 5.2 Clarington Official Plan PAGE 5 The Clarington Official Plan designates the subject property "Neighbourhood Centre" Neighbourhood Centres are to serve as focal points for residential communities and provide for day to day retail and service needs. The Clarington Official Plan provides criteria by which appropriate retail and service uses will be determined for Neighbourhood Centres. These criteria include: • Appropriate to be located near residential uses; • Limited in scale; and • Supportive of mixed -use development. Section 9 of Report PSD- 044 -12 includes further discussion of how each of the four additional land uses proposed by the Applicant meet the criteria set -out in the Clarington Official Plan. Since no changes are proposed to the existing building, none of the urban design policies of the Clarington Official Plan will be impacted by this proposal. This proposal conforms with the Clarington Official Plan. 6. ZONING BY -LAW 6.1 Zoning By -law 84 -63 zones the subject lands "Neighbourhood Commercial Exception (C2 -10) ". In addition to the standard permissions granted to all Neighbourhood Centres, this exception zone includes permission for the operation of a convenience store. The "C2 -10" zone also includes regulations for maximum floor area and minimum setbacks. 6.2 The Applicant is proposing to amend the "C2 -10" zone to include four additional land uses. An outline of where else in the Municipality the four requested uses are currently permitted is shown in Attachment 2 to Report PSD- 044 -12. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and three public meeting notice signs were installed on the property — one sign along each road frontage. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 7.2 At the writing of this report, Staff had received no inquiries regarding this application. 8 -5 REPORT NO.: PSD- 044 -12 8. AGENCY COMMENTS PAGE 6 8.1 The Durham Regional Planning Department have provided no objections to the proposed land uses. 9. STAFF COMMENTS 9.1 Bank (Financial Office) While banking has changed in the last several years to offer more and more electronic services, traditional "brick- and - mortar" retail banks continue to provide regular services to residents and business owners alike. Retail banks create no discernible impacts on their surroundings and are often viewed as anchors to multi- tenant commercial properties. Though not currently identified as one of the standard, permitted uses in the "Neighbourhood Commercial (C2)" zones, banks or financial offices have previously been approved for all existing neighbourhood centres in Bowmanville and at two of the six neighbourhood centres currently operating in Courtice (Nash Rd. and Trulls Rd. as well as Courtice Rd. and Highway 2). Based on the standard hours of operation and the type of services provided, banks are an appropriate use to be located near residential areas. "Brick- and - mortar" retail banks are naturally limited in scale to the size of the catchment area they serve. In addition, it is natural to expect that the customers that visit a local bank as part of their regular routine may also patronize the other services and merchants within the same plaza. This makes a bank a welcome addition to the existing, mixed -use development. 9.2 Dine -in Restaurant (Eating Establishment) The current zoning regulations on the subject property permit the operation of a take- out restaurant. The difference between a take -out and a dine -in restaurant is the amount of seating provided for customers. There is no difference in the type of kitchen that is permitted or in the type of foods that may be prepared and sold. Dine -in restaurants are currently permitted at all of the existing neighbourhood centres in Bowmanville and at three of the six neighbourhood centres currently operating in Courtice (Nash Rd. and Trulls Rd. as well as Courtice Rd. and Highway 2). In evaluating experiences taken from Clarington's existing neighbourhood centres, it appears that the physical location of a restaurant within a plaza often plays the biggest role in determining the impact that the restaurant will have on the surrounding area. Restaurants or patios that are orientated to face towards surrounding residential areas will likely have the greatest chance of impacting those residents. W. REPORT NO.: PSD- 044 -12 PAGE 7 In the case of the subject property, all of the commercial units have a northern orientation facing Bloor Street, away from the surrounding residential area. None of the commercial units include a public access from either the southern or western elevations that directly face the surrounding residential areas. In addition, the primary parking area for the plaza's commercial customers is located on the north side of the building and away from the residential areas. Beyond the neighbouring residential dwellings, this plaza also contains eight residential apartments on the second floor. The presence of these residential units in close proximity to the commercial units gives the property owner a vested interest in maintaining strict control over any possible impacts generated by the commercial tenants. Taking into account these conditions, the operation of a dine -in restaurant is an appropriate use to be located near residential areas. The location and design of the existing plaza suggests that the restaurant will be limited in scale and supportive of the existing, mixed -use development. 9.3 Commercial School Zoning By -law 84 -63 defines "Commercial School" as: "A school conducted for hire or gain, other than a private, public, religious or philanthropic school, and shall include the studio of a dancing teacher or a music teacher, an art school, a golf school, a school of athletics, a business or trade school and any other specialized school conducted for profit or gain." For further clarification, a commercial school may include private tutoring establishments, employment retraining facilities, driving schools and private career colleges. A commercial school would not include a privat&school (K -12), as recognized by the Ontario Ministry of Education, nor a day nursery (although a day nursery is already permitted on the subject site). Commercial schools could operate during the day or evening and weekday or weekend. Hours of operation would be determined by the type of instruction being offered and the age of the student. Due to the on- going, personal investment that students and /or their parents are typically required to make in private instruction it is expected that patrons of commercial schools would be desirable and supportive of the existing, mixed -use development. Based on the orientation of the building and the amount of existing, surplus parking provided on -site the operation of a commercial school would be limited in scale and an appropriate use to be located near residential areas. 8 -7 REPORT NO.: PSD- 044 -12 9.4 Veterinarian Clinic PAGE 8 The definition of a veterinarian clinic, currently provided in Zoning By -law 84 -63, permits the treatment of animals and their temporary sheltering during the treatment period. To promote themselves as a veterinarian clinic these businesses must hold a current certificate of accreditation with the respective licensing body (The College of Veterinarians of Ontario). A natural extension of pet health services would include pet grooming services. The impacts generated by a pet grooming service would be equal to or less than those experienced by a veterinarian clinic. Since pet grooming may already occur as an ancillary and related use to veterinary clinic it is the opinion of the Planning Services Department that pet groomers may be permitted to operate wherever veterinarian clinics are permitted. While the temporary sheltering of animals receiving treatment is a key component of the services provided by veterinarian clinics, the kennelling or boarding or animals is not a natural extension of that use. Animals sheltered at veterinarian clinics are either ill or receiving some form of supervised care. The exercise needs of animals under veterinary care is minimal and their stay is no longer than necessary. Kennelling and boarding involves the temporary sheltering of healthy animals who require regular exercise, usually outdoors. It would not be appropriate to automatically extend permission for the kennelling and boarding of animals on properties zoned to permit veterinarian clinics. Veterinarian clinics are already permitted at all of the existing neighbourhood centres in Bowmanville and at all but one of existing neighbourhood centres in Courtice (Prestonvale Road and Highway 2). The operation of a veterinary clinic will not detract from the residential character of the area around the subject plaza, would be limited in scale and would be supportive of the existing, mixed -use development. 9.5 Parkinq For commercial plazas the Municipality uses a "shopping centre" ratio to calculate the parking needs of the site. The "shopping centre" ratio is intended to accommodate a variety of land uses which create different volumes of traffic at different times of the day (parking spaces for the residential units were calculated and provided for separately on this site). The parking spaces that are provided on this property exceed the minimum "shopping centre" parking space ratio used by the Municipality. Taking into account the ease of neighbouring residents to walk to the plaza and the property's location along a Regional transit corridor it is Staff's position that available, on -site parking will not be overwhelmed by any or all of the current and proposed land uses. 9.6 The Engineering Services Department has confirmed that they have no objection to the approval of this application. AM REPORT NO.: PSD- 044 -12 PAGE 9 9.7 The Finance Department has confirmed that the taxes on this property have been paid up -to -date. 10. CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 Each of the proposed uses, requested by the Applicant, have been found to be: appropriate to be located near residential uses, limited in scale and supportive of mixed - use development. 11.2 The purpose of Report PSD- 044 -12 is to satisfy the requirements for a Public Meeting under the Planning Act. Provided there are no significant issues raised at the Public Meeting and based on the comments in this report it is recommended that the application to amend the Zoning By -law, as submitted by Prestonvale Heights Limited, be approved, and that the draft Zoning By -law Amendment, as contained in Attachment 3 to Report PSD- 044 -12, be passed. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Paul Wirch, Planner II Attachments: Attachment 1 - Key Map Attachment 2 - Land Use Permissions in Clarington Attachment 3 - Proposed Zoning By -law Amendment List of interested parties to be advised of Council's decision: Prestonvale Heights Limited Durham Regional Planning M PAC Attachment 1 To Report PSD- 044 -12 MUEI z� U C E o V j P�as� a) a) N r C = b NU MV a380a u pO4Y � \ 0 N �; N o J SSOa 3Na°ll3NS50 O 6° 3Na0 T3M55°a CO /1 LL �e� z N C co L o. x o a� i3asiNnae F�F O � �i � 3Na0'JNINN3i ry U CD �— JJ W �0 i= o� •L W C W o U �Cl MSSO MUEI Attachment 2 To Report PSD- 044 -12 Land Use Permissions in Clarington Neighbourhood Bank Dine in: Commercial;, Veterinary.' Centres ., Restaurant School Clinic B0WMANVILLE 680 Longworth Yes Yes Yes Yes (@ Scugog ) 570 Longworth Yes Yes Yes Yes (@ Liberty) 100 Mearns Yes Yes Yes Yes (@ Concession) 39 Martin Yes Yes Yes Yes (@ Hartwell) 92 Waverley Yes Yes Yes Yes (@ Quinn) COURTICE- 1656 Nash Yes Yes Yes Yes (@ Trulls) 2727 Courtice Yes Yes Yes Yes (@ Highway 2) 1561 Highway 2 No No No No (@ Prestonvale) 1500 Highway 2 No No No Yes (@ Centerfield) 2 Glenabbey No Yes No Yes (@ Townline) 15 Rosswell No No No No (@ Bloor) 8 -11 Attachment 3 To Report PSD- 044 -12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY -LAW NO. 2012- . 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 Municipality of Clarington for ZBA 2012 -0012; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 17.5.10 "NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2 -10) ZONE" is hereby deleted in its entirety and replaced with the following: � "17.5.10 Notwithstanding Section 17.1 b. those lands zoned C2 -10 as shown on the Schedules to this By -law shall be subject to the following regulations: a. Permitted Non - Residential Uses i) Commercial School; ii) . Eating Establishment, Dine -in; iii) Financial Office; iv) Veterinarian Clinic; and v) All non - residential uses permitted in 17.1 b. Notwithstanding Section 17.3 g. and 17.3 c. ii) those lands zoned C2 -10 as shown on the Schedules to this By -law shall be subject to the following regulations: b. Regulations for Non - Residential Uses: i) Total Floor Area (maximum) 1,050 mZ ii) Setback from South Street Line (minimum) 4.0 metres 2. 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 passed in open session this 22nd day of October, 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk AM VAMI � :14 ;Lei A i Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 15th, 2012 Resolution #: By -law #: Report #: PSD- 045 -12 File #: ZBA 2012 -0020 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: PRESTONVALE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 045 -12 be received; 2. THAT the application submitted by D.G. Biddle & Associates on behalf of Prestonvale Developments Inc, to remove Holding (H) symbol be approved; 3. THAT the attached By -law to remove the Holding (H) symbol for Block 59 (Phase V) in 40M -2474 be passed; 4. THAT Council's decision and a copy of Report PSD- 045 -12 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 5. THAT all interested parties listed in Report PSD- 045 -12 and any delegations be advised of Council's decision. Submitted b Reviewed by: VZ'David J. tome, MCIP, RPP Fn r 'nklin u," Director of Planning Services` Chief Administrative Officer CS /CP /av Oct. 10, 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 REPORT NO.: PSD -045 -12 1. APPLICATION DETAILS 1.1 Applicant: Prestonvale Developments Inc. 1.2 Owner: D.G. Biddle & Associates 1.3 Proposal: Removal of Holding (H) Symbol from: PAGE 2 "Holding — Urban Residential Type three ((H)R3) Zone " to " Urban Residential Type Three (R3)" Zone. 1.4 Location: Block 59 in Registered Plan 40M -2474, Part Lot 31 & 32, Concession 2, former Township of Darlington (Attachment 1). 2. BACKGROUND 2.1 On September 28th, staff received an application from D.G. Biddle & Associates on behalf of Prestonvale Developments Inc. for the Holding (H) Symbol to be removed from Block 59 (Phase V) of Registered Plan 40M -2474. Plan 40M -2474 was registered on July 23`d, 2012. 2.2 The subject lands are located within the Courtice urban area. The creation of the number of units is consistent with the approved draft approved plan of subdivision. The removal of Holding (H) symbol for Phase V, Block 59 is for 36 freehold town homes, which are subject to Site Plan Control. Conditions of Site Plan approval have been agreed to by the applicant and a Site Plan Agreement will be executed shortly. 3. STAFF COMMENTS 3.1 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 The Subject property is zoned "Holding — Urban Residential Type Three ((H) R3) Zone ". Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol and no building permits can be issued. The applicant has agreed to enter into a Site Plan agreement with the Municipality, as such, staff have no concerns with lifting the 'H' symbol. 8 -14 REPORT NO.: PSD- 045 -12 PAGE 3 3.3 A Zoning By -law Amendment to remove the Holding (H) symbol cannot be appealed and shall be deemed final and binding upon Council's approval. 3.4 All property taxes have been paid in full. 4. CONCURRENCE - Not applicable 5. CONCLUSION 5.1 In consideration of the comments noted above, approval of the removal of the "Holding H)" symbol for Block 59 in 40M -2474, as shown on the attached By -law and schedule (Attachment 2) is recommended. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Cynthia Strike Attachments: Attachment 1 - Key Map Attachment 2 = Zoning By -law Amendment to Remove 'H' Symbol List of interested parties to be notified of Council's decision: Application /Agent Glen Genge H. Halminen 8 -15 Attachment 1 To Report PSD- 045 -12 N3ntl3N` 0 44 is"0 7 in Qi E AAA, ii ��U iyO �ZN�yU d' O W E N° ENO w K w C4 Q > J ° ?s O �. 3N�0 308dN3,0 C d•+ O O N ° x° L ^ S3tl° WbN°NIM otl N3 �o N IL LLe '� �yO N3ana�+ a °s cif ° Z NO3 1y�,t'1O1S3bd ' •- N I7 C to c0 r of m O N N) d' � 3AINa 3lIIANVUE) a£ L£ p s£ 9£ OP s£ W gtb 4£ ££ Zb w Z > Z£ O V £b p t£ W LU yq J 0£ Sti Z 6Z 8Z f- Q Q L4 J LZ Z B4 9Z O st N OS N loft N N tS N N O N rn '0 SOJIV/ MIIIIM o s m tO r O m Attachment 2 To Report PSD- 045 -12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2012- being a By -law to amend By -aw 84 -63, the Comprehensive Zoning By -law for the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington to permit the development of Block 59 in Registered Plan of Subdivision 40M- 2474; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" - Courtice" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Type Three ((H)R3) Zone" to "Urban Residential Type Three (R3) Zone "; as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By -law. 3. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY -LAW passed in open session this day of 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -17 This is Schedule 'A" to By-law 2012'- passed this day of 1 A.D. JOHN WALTER CRESCENT 1 2 w 3 o m d' m n n W 4 J 5 BLOCK 60 WILLIAM INGLES DRIVE z 6 C7 7 25 o n w rn B M M M M rNj Q•• 24 n � n 9 23 10 22 11 52 21 12 53 Z 20 13 54 19 Q 14 55 18 J. -� 15 17 56 57 16 MEADOWGL-ADE ROAD 515 N ® Zoning Change From "(H)R3" TO "R3" Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Date: Monday, October 15, 2012 Report #: EGD- 027 -12 File #: By -law #: Subject: WEST BEACH ROAD SAFETY REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD- 027 -12 be received; 2. THAT an accessibility parking space be approved at the West Beach Parkette Parking lot including the necessary signage and amendments to the Traffic Bylaw; 3. THAT the park and road signs located along West Beach Road in the vicinity of the West Beach parkette be reviewed and relocated or consolidated where possible, to enhance the appearance of the parkette frontage 4. THAT staff be authorized to develop conceptual plans and a park implementation strategy in 2013 with public input and participation. Submitted by: Anthony Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC *jb October 09,2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 F 905 - 623 -9282 9 -1 REPORT NO.: EGD- 027 -12 1.0 BACKGROUND PAGE 2 At the Council meeting of June 18, 2012 there was discussion about the needs of pedestrians as well as the driving public on West Beach Road in the vicinity of the parkette, specifically the installation of an accessibility parking space, the need for a pedestrian sidewalk, the installation of a lockable bollard and the relocation of existing bollards to the roadside in the immediate vicinity of the parkette. As a result of that discussion resolution #C- 200 -12 was passed stating: "THAT the entire issue be referred to the Director of Engineering for a report on safety - related issues and alternatives; and "THAT the Director of Engineering be authorized to spend up to $1,000.00 to make the post, located in the West Beach Parkette, a more permanent structure "; This report will provide a brief summary of our review of the issues and will give an overview of the Municipality's short and long term development of the waterfront, particularly in terms of how that development may have an impact on traffic volumes and road safety in that area as development proceeds. 2.0 THE PORT DARLINGTON WATERFRONT PARK Providing residents with access to waterfront parks and trails has been a quality of life issue that Council has been committed to since the early 2000's under a land acquisition strategy that was purposefully designed to increase the land base for the future development of the Port Darlington Waterfront Park. In a careful and deliberate manner., as was identified in the Municipality's Strategic Plan, Council has provided improved public access to the waterfront on both the East and West Beach sides of the 9 -2 REPORT NO.: EGD- 027 -12 PAGE 3 Bowmanville Creek. The 2012 Capital Budget, as approved by Council, provided the opportunity implement an initial phase for the development, which was completed this summer. The Port Darlington West Beach Waterfront Park currently consists of a parkette at the west end of West Beach Road and a newly constructed park at the east end of West Beach Park (see attachment #1). The public can access the parkette by walking, cycling and driving. A small, three to four vehicle parking lot exists providing easy access to this portion of the lakefront, especially for residents with accessibility issues. The newly constructed park does offer a boardwalk that allows for greater accessibility but the distance from the parking lot to the waterfront is much closer at the parkette for those who can perhaps walk a short distance. This parkette has been used by the public for many years, allowing access to the waterfront for a variety of uses, including walking and picnics by the lake. The initial phase of development, as explained above, included the construction of a 33 car illuminated parking lot, a boardwalk leading to the beach, and several benches placed along the water's edge. Along with the parkette, there are now two access points to the lake at the Port Darlington Waterfront Park. They are approximately 300 feet apart, (see.attachment #1). 3.0 ROAD SAFETY REVIEW 3.1 West Beach Road West Beach Road is considered to be a quiet, low- volume, low operating speed, dead end street that provides public access to the waterfront via the newly constructed park and parkette, as well as access to approximately nine private homes. The road has been constructed and maintained over the years within an existing public road allowance as well as a portion of the road that is defined as a �01M3 REPORT NO.: EGD- 027 -12 9 -4 17aTel �! forced road (see attachment #1). The forced road section of West Beach Road is approximately 22 feet in width and can only accommodate the driving surface of the road. A widening for the installation of roads and related infrastructure (ie. Sidewalks) is not a practical undertaking along this section of the West Beach Road. 3.2 Traffic Volumes The developing waterfront park is attracting vehicles, pedestrians and cyclists to the area, precisely as was intended within our Corporate Strategic Plan. A traffic study completed on June 12, 2012 between the hours of 2p.m. to 6p.m., captured both pedestrian and vehicular traffic. During this four hour period 71 vehicles and 9 pedestrians were counted. The vehicular count of 71 equates to an Average Annual Daily Traffic (AADT) count of 236 vehicles per day. For comparative purposes, a local street is capable of handling up to 1,000 vehicles per day safely. Present traffic volumes alone clearly do not suggest a safety concern. 3.3 West Beach Road and Cove Road Intersection Review Staff have conducted a review of this intersection for consideration of an all -way stop. In this review, the Municipality's warrants for an all -way stop need to be satisfied. Our review concluded that the existing traffic volumes are so low at this "T" intersection that only 25% of the total traffic volumes required to justify consideration of an -all way stop have been met. At this time there is no need to provide all -way stops at this intersection. REPORT NO.: EGD- 027 -12 3.4 Traffic Calming PAGE 5 Over the years, traffic related concerns have been forwarded to staff by area residents who have asked for traffic calming measures to deal with what they have perceived as excessive speeds. The natural roadside environment and winding features of the roadway act to self regulate driver behaviour. The presence of multiple "No Exit ", advisory "20 km /hr ", signs, plus a playground sign, further remind drivers to operate in a safe manner. To -date there have been no motor vehicle accidents reported and on record for the area, nor is there a documented speeding problem. The road and roadside environment and low operating speed does not suggest a need for the implementation of traffic calming measures at this time. 3.5 Park and Road Signage Currently there exists a multitude of road signs, parkette signs, park signs and others scattered along the road allowance. These signs shall be reviewed and a consolidation of signs related to park and road could be made to reduce any visual clutter and provide clear direction to the public for the respective uses. 3.6 Pedestrian Counts and Sidewalk Warrants The reported pedestrian count of nine was too low to meet the Municipality's warrants for sidewalks and so it would be very difficult to justify such an expenditure. Furthermore, the topography of the area and the road allowance constraints would make it difficult to physically construct sidewalks to our current standard on West Beach Road even if the counts were supportive. e~ REPORT NO.: EGD- 027 -12 PAGE 6 3.7 Parkette Parking Lot and Accessibility Parking Space Staff have reviewed the parkette parking lot configuration and the access to the West Beach Road in the vicinity of the horizontal curvature. The parkette parking lot does not have a defined entrance, nor are the parking spaces delineated or defined. In the short term, based on the current traffic data, road geometrics, operating speed, etc., access from this parking lot for three or four spaces is not considered a safety concern. Access in the vicinity of the road curvature apex is reasonable providing sufficient site distance for the road operating speed. It would be desirable if the spaces within the parking lot were clearly defined with appropriate signage or delineation, including a proposed accessibility space (see attachment #2). Upon installation of the necessary signage for the accessibility space the appropriate amendments to the Traffic By -law for the enforcement of the accessibility space, will be addressed by staff. In the interim the parkette parking lot should remain in place at its current location as it provides accessibility to the waterfront for the driving public, cyclists, as well as far easier waterfront access to those with accessibility or mobility issues. As the waterfront park develops in the future and further features are added that attract greater numbers of visitors to the area it may well be appropriate to do a complete review of the parking and access at the waterfront. When that time comes we will look to see if the parking at the parkette should be expanded, relocated or removed in its entirety. 3.8 Roadside Bollards Staff have reviewed the request for roadside bollards in the context of road safety and have found that generally roadside barriers or bollards are required where there is a documented concern that a vehicle may leave the pavement and AM REPORT NO.: EGD- 027 -12 PAGE 7 encroach onto the roadside posing a hazard to either the occupants of the vehicles or people along the road. If we are concerned about the possibility of damage or injury we are cautious in installing bollards simply because of the vehicular damage or personal injury that the bollards themselves can cause if a vehicle leaves the roadside. West Beach Road, being a low speed, low volume roadway with no accidents on record, has not exhibited any of the warrants that would justify a roadside barrier. We will continue to monitor the area and should this accident history change we would be willing to re- consider this option at that time. 3.9 Lockable Post Access to the parkette for maintenance and emergency vehicles was available via an opening between the existing bollards whereby a 4x4 wooden post was installed in the ground and removed when access was necessary. It was Council's direction that this post be replaced with a lockable more permanent structure. A lockable permanent structure has been installed by our Operations Department and is now functional. 4.0 CONCURRENCE Not applicable 5.0 CONCLUSION AND RECOMMENDATIONS In the long term West Beach Road will need to be improved as the waterfront park develops to meet the needs of the walking, driving and cycling public. At the present time our road safety review did not identify any needs that require immediate attention. As the waterfront park usage increases so will the demands on the existing infrastructure. It is anticipated that there will be higher levels of service required for 9 -7 REPORT NO.: EGD- 027 -12 PAGE 8 maintenance relating to walking, cycling and driving, as well as capital improvements at some point to facilitate the increased number of visitors we expect the park to attract to the waterfront. As the park develops, in addition to annual maintenance we may consider pavement upgrading, road shoulder widening where possible, illumination, and road pavement markings to delineate the centre line, and edge of pavement, cycling lanes and sidewalks. Essentially however, what seems most important is the need to empower the community to be part of Council's vision for the waterfront park. In our Strategic Plan we have identified that the development of waterfront parks is a vitally important quality of life issue for our residents and our land acquisition strategy shows commitment to that vision. What the Strategic Plan goes on to say is that in moving forward we need to "develop conceptual plans with public participation ". This may in fact be the time to do precisely that. How do we move forward? What additional features would our residents like us to provide and when? What needs do we consider and how, what are our priorities, where should we spend our dollars to best serve our community and when and how do we do all of this while taking everyone's needs and wishes into account? The development of the waterfront park will be an undertaking that will take many, many years to complete as we await the availability and subsequent acquisition of additional waterfront properties. In the meantime it appears time to host a public information centre that will allow us the opportunity to work directly with the public to further refine Council's vision. The time has come to set the vision for the waterfront park. It is therefore our suggestion that in 2013 staff will develop conceptual plans and a park implementation strategy with public input and participation. The Bowmanville waterfront park is a major undertaking and if we are successful it will enhance many lives and serve many needs. 3 REPORT NO.: EGD- 027 -12 CONFORMITY WITH STRATEGIC PLAN PAGE 9 The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development _ Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives X Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: A. S. Cannella, Director of Engineering Services Attachments: Attachment 1 —Key Map- Existing Waterfront Park Attachment 2 — Key Map- Parkette Parking List of Interested Parties to be advised of Council's decision: Not applicable LJ a-". a 74A R`+� .t ti s b - M }?^. -x ti� .ts�,'.• f- a i - I l PORT DARLINGTON KYs WEST BEACH; PARKETTE T� I Jul Lake Ontario Legend r ® Forced Road Allowance j Municipal Land Holdings (Waterfront Park) BOWMANVILLE St WEST BEACH -� �V Rd. r �° )? Lake Ontario KEY MAP DRAWN BY: E.L. DATE: October 9, 2012 REPORT EO® -027-1 2 EXISTING WATERFRONT PARIS AT AGHMENT NO. 1 ®1 A. U1 LG LAJ Bowmanville - Marsh C I a-". a 74A R`+� .t ti s b - M }?^. -x ti� .ts�,'.• f- a i - I l PORT DARLINGTON KYs WEST BEACH; PARKETTE T� I Jul Lake Ontario Legend r ® Forced Road Allowance j Municipal Land Holdings (Waterfront Park) BOWMANVILLE St WEST BEACH -� �V Rd. r �° )? Lake Ontario KEY MAP DRAWN BY: E.L. DATE: October 9, 2012 REPORT EO® -027-1 2 EXISTING WATERFRONT PARIS AT AGHMENT NO. 1 ®1 i i HP Existing 1� -` ---- -'---- Gravel HL�� 0 Proposed Access Consolidated to Signage Beach 1:250 - Legend Accessible Parking Regular Parking � R ® a' N Baseline Rd. - ®o Flwy. 401 tiV a S West Eaacst Beach CN ch Beh R, �Rd. Rd. BOWMANVILLE 1 DRAWN BY: E.L. DATE:October 9, 2012 REPORT EGD-027-12 ® --- PARKETTE PARKING Lake Ontario KEY MAP ATTACHMENT NO. 2 G:\Attachments\West Beach Port Darlin ton Safety 2. xd Date: October 15, 2012 Resolution #: By -law #: Report#: OPD- 010 -12 File #: Subject: COST FOR PAVING THE ORONO LIBRARY PARKING LOT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report OPD- 010 -12 be received. Submitted by: Eck J. Horvath B.A., JD.M.R., R.R.F.A. Director of Operations FH /kr October 9, 2012 Reviewed by: l l d r V v � F�ranklin,Wu, �_S_\Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379 10 -1 REPORT NO.: OPD- 010 -12 1.0 BACKGROUND At the General Purpose and Administration meeting of Monday September 24t" Council requested a budget estimate for the paving of the Orono Library parking lot. The existing parking lot is comprised of gravel and can accommodate up to 8 vehicles. The parking lot is graded twice a year by the Department and or upon request by the Library. The Department has not received many requests in the past regarding maintenance concerns at the lot. 2.0 Estimated Construction If Council wishes to expand the existing municipal paved parking lot inventory, there are two options for their consideration at this location. The first option is to excavate and build a proper base and pave (Attachment 1). The budget to pave the existing lot with six parking spaces is estimated at $29,900 (Attachment 2). The second option is to expand the existing parking lot to thirteen parking spaces (Attachment 3). This would allow for seven parking spaces on the east side and six spaces on the west side. This would involve the removal of four walnut trees along the west side of the parking lot. The cost for the expansion, paving, and related works is estimated at $44,600 (Attachment 4). Both options include a paved linkage to the Victorian Bandshell in the south east corner of the property. 3.0 Parking Lot Rehabilitation Program Council should be aware that Engineering and Operations are investigating a program in the 2013 Budget to evaluate the existing condition of our paved parking lots and provide recommended improvements and prioritize the required improvements. . Council should be aware that improvements are needed to the parking lot at the Darlington Sports Centre. This item has been identified in the four year capital program and is estimated at $185,000 to $200,000. 4.0 CONCURRENCE Not applicable. 10 -2 ME 5.0 CONCLUSION If council is interested in considering improving the gravel parking lot at the Orono Library, that staff be directed to include the cost of Option Two for consideration during the 2013 budget deliberations and that the Clarington Public Library Board be advised. CONFORMITY WITH STRATEGIC PLAN -- The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green. initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan X Not Applicable Staff Contact: Fred Horvath, Director of Operations Interested Parties: None Attachment 1: Proposed Parking Upgrade — Opt 1 Attachment 2: Option 1 - Budget Attachment 3: Proposed Parking Upgrade — Opt 2 Attachment 4: Option 2 - Budget 10 -3 OPD -010 ®129 Attachment 1 m T Q O 1 v 0_ O ja tv a a v� m Z M X m O x m C Z� -3 m 4 i `i'. � �tl. •lt i K rj m C m m � I Et V "I'VM14"IVM 1`IYHd9V dOIM w0'Z m T Q O 1 v 0_ O ja tv a a v� m Z M X m O x m C Z� -3 m 4 10 -4 m C m m � Et 10 -4 OPD- 010 -12; Attachment 2 ORONO LIBRARY PARKING LOT BUDGET ESTIMATE In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2013 -XX for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions MOC - Refers to Municipality of Clarington Design Guidelines and Standard Drawings rcmu�5 - Kerers OPTION 1: PAVE EXISTING PARKING LOT 10 -5 206 Earth Excavation m' 145 SP (Grading) & Removal P 18.55 2,689.75 MOC Granular'B', Type 1 t 190 314 (300 mm Depth) 17.00 3,230.00 SP MOC Granular'A' (150 t 145 314 mm Depth) 20.00 2,900.00 SP Hot Mix, HI-3 in t 36 MOC Parking Lot (50mm 125.00 4,500.00 310 Depth) SP Hot Mix, HL3 in 2.0 t 9 MOC m Walkway (50mm 175;00 1,575.00 310 Depth) SP MOC, Precast Concrete ea 7 353 Curb (OPSD 85.00 595.00 SP 603.020 Pavement Markings m 42 MOC, (100mm Width — 5.00 210.00 710 White) SP 802 Topsoil (Imported) m 240 SP 6.00 1,440.00 804 Terraseed m 240 SP 7.00 1,680.00 MOC, Miscellaneous LS 100% SP Landscaping 500.00 500.00 Subtotal Construction 19,319.75 Material Testing 1,500.00 Detailed Design and Contract 3,900.00 Administration HST @13% 3,213.57 Contingencies 10% 1,966.68 TOTAL PROJECT COST, OPTION 1 29,900.00 10 -5 OPD- 010 -12; Attachment 3 6 i CHURCH STRE% NORTH y � 1 : d � �•� r.� e M z CA rn N m M oM . '' >. �- p =, le•� a "'+ i � "MHIVM 1lVHdQV maim w0'i `,Z �✓ H N. r a O N t Y O = O �:. r. o m M IMU 3 m fl'I c t C Z ALL — -- _ O 70 N ° © 5 M 10--(-), OPD- 010 -12; Attachment 4 ORONO LIBRARY PARKING LOT BUDGET ESTIMATE In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2013 -XX for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions MOC - Refers to Municipality of Clarington Design Guidelines and Standard Drawings KIVIUI:J - Keters to Ke tonal municipauty of UUrnam Construction 5 eciticatlons Item No :.Spec ; Description 4. ::Unit Quantity Unit ." "Total No: Price OPTION 2: EXPAND AND PAVE PARKING LOT 201 Clearing and Grubbing ea. 4 SP 1,000.00 4,000.00 206 Earth Excavation m 210 SP (Grading) & Removal P 18.55 3,895.50 MOC Granular `B', Type 1 t 285 314 (300 mm Depth) 17.00 4,845.00 SP MOC Granular'A' (150 mm t 200 314 Depth) 20.00 4,000.00 SP Hot Mix, HI-3 in Parking t 55 MOC Lot (50mm Depth) 125.00 6,875.00 310 SP Hot Mix, HL3 in t 9 MOC Walkway (50mm 175.00 1,575.00 310 Depth) SP MOC, Precast Concrete Curb ea 14 353 (OPSD 603.020) 85.00 1,190.00 SP Pavement Markings m 84 MOC, (100mm Width — White) 5.00 420.00 710 SP 802 Topsoil (Imported) m 260 SP 6.00 1,560.00 804 Terraseed m 260 SP 7.00 1,820.00 MOC, Miscellaneous LS 100% SP Landscaping 500.00 500.00 Subtotal Construction 30,680.50 Material Testing 1,500.00 Detailed Design and Contract Administration 4,600.00 HST @13% 4,781.47 Contingencies 10% 3,038.03 TOTAL PROJECT COST, OPTION 1 44,600.00 10 -7 Date: October 15, 2012 Resolution #: By -law #: N/A Report#: OPD- 011 -12 File #: Subiect: MOBILE STAGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD- 011 -12 be received; 2. THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and 3. THAT all interested parties listed in the report be advised of Council's decision. Submitted by: FH /kr October 9, 2012 Frecre'rick J. Horvath B.A�O, R .M.R., R. R. F.A. Director of Operations Reviewed by: /:: / q Franklin u, , Chief A ministrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 1 REPORT NO.: OPD- 011 -12 PAGE 2 1.0 BACKGROUND The Rotary Club of Bowmanville intends to undertake the purchase of a mobile portable stage with the cooperation of the Municipality of Clarington. The project's intent is to assist the many community events throughout the municipality by utilizing the features of the stage. Community events includes but not limited to Business Improvement Areas, Santa Claus parades, cultural activities, Terry Fox Run, Rotary Ribfest, Orono fair, Newtonville Day, Tyrone Spirit Day, sporting events etc. Consideration can also be given to renting it out to private events when there are no community events going on. Requests would be made through the Operations Department and include a fee that includes delivery, set up, tear down and use of the stage. 2.0 CURRENT PRACTICES The Operations Department over the many years has provided a wooded stage for use at community events. The Department has facilitated over 25 community events annually by assisting with tables, garbage receptacles, etc. This stage was booked continuously to help showcase the formal part of the event. The existing stage deteriorated and was not replaced n 2008. Mobile Stage The mobile stage (Attachment 2) is an all aluminum mobile unit that offers a fully hydraulic set up stage with lights, banners etc (Attachment 3). The stage is approximately 24 feet long and 20 feet high (Attachment 4). One of the features will include a barrier free access to the stage. The stage is estimated to cost $125,000. The Rotary Club of Bowmanville is prepared to commit up to $50,000 towards the purchase of the unit with the remaining to be requested through an OTF capital grant. The Rotary does request priority use of the stage during their annual ribfest event which usually does not conflict with any other major community event. Ontario Trillium Foundation The Ontario Trillium Foundation (OTF) one of Canada's leading grant making foundation, is an agency of the Ministry of Culture, and distributes $100 million of government funding each year. The Foundation will support the building of healthy and vibrant communities through community based initiatives that strengthen the capacity of organizations in the arts, culture, environment, human and social services, and sports and recreation sectors. 10 -9 REPORT NO.: OPD- 011 -12 In order to qualify for funding, a collaborative of two or more organizations that are working together to achieve a common goal must be created. The collaborative must include at least one eligible member. The eligible member normally acts as the lead applicant and accepts responsibility for any approved grant. Each member of the collaborative will represent their own area of responsibility and will be part of the decision making process as it affects the grant. (Attachment 1) 3.0 COLLABORATIVE AGREEMENT The Operations Department has been involved in various collaboratives in the past. The Municipality has entered into collaborative with the Newcastle Skating Club and the Newcastle Memorial Arena Board for the construction of a figure skating room and storage area; the Kendal Lions Club and the Kendal Community Centre Board for the construction of a kitchen facility , the Hampton Community Association and the Central Lake Ontario Conservation Authority for the construction of the Hampton Pond and the Newcastle Horticultural Society, Newcastle Community Hall for the heritage gardens. The Municipality's involvement will be to provide to assistance throughout the grant request including but not limited to assisting with the Request for Proposal. Once the stage is purchased, the Municipality will be responsible for the maintenance, storage, insurance and the permitting for special events. The cost for maintenance and insurance is estimated at $3,000 annually. The members of the collaborative are as follows: Kevin Anyan, Rotary Club of Bowmanville Fred Horvath, Municipality of Clarington. 4.0 TIMELINE The grant deadline for this cycle is November 1St with notification in early 2013. It is the intention of the Rotary Club of Bowmanville to submit a completed application in this cycle. 5.0 CONCURRENCE Not applicable. 6.0 CONCLUSION If the grant request application is successful, the portable stage will assist in showcasing special events with the community and tourism partners 10 -10 REPORT NO.: OPD- 011 -12 CONFORMITY WITH STRATEGIC PLAN -- PAGE 4 The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Fred Horvath, Director of Operations Interested Parties: Rotary Club of Bowmanville Attachment One: Collaborative Agreement Attachment Two: Picture of Mobile Stage Attachment Three: Picture of Mobile Stage set up Attachment Four: Specifications of Mobile Stage 10 -11 OPD- 011 -12; Attachment 1 COLLABORATIVE AGREEMENT This Agreement dated the day of October, 2012 Between The Rotary Club of Bowmanville and The Municipality of Clarington WHEREAS The Rotary Club of Bowmanville intends to undertake the Mobile Stage Project, hereinafter called the Project, and has requested the cooperation of the Municipality of Clarington therewith; NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the parties mutually agree as follows: 10 -12 COLLABORATIVE AGREEMENT 1. Background The collaborative was officially formed in September 2012 and will remain in existence until the Project is complete. All the parties in the collaborative will be available at any time thereafter should questions or concerns arise. 2. Representatives Each member of the collaborative will represent their own area of responsibility in the decision making process. Kevin Anyan will represent the Rotary Club of Bowmanville and Fred Horvath will represent the Municipality of Clarington. 3. Project Purpose and Results The results of the Project will be barrier free mobile stage, available to community events across Clarington. 4. Communication 'Communication among the collaborative is facilitated by holding regular meetings, and are available to meet in person or converse by phone or email as needed. 5. Decision Making The decision making process will be an agreement by consensus of the collaborative members, namely Kevin Anyan and Fred Horvath. 6. Funds Management All funds received from the.Trillium Foundation will be held in trust by the Municipality of Clarington. Funds will be dispersed by the Municipality after agreement by consensus of the collaborative. All transactions will be accounted for and approved invoices paid through the Municipality of Clarington. The Municipality will record all expenditures and any revenues and present a monthly report to the collaborative. The Purchasing Department will be responsible for 10 -13 the procurement of the stage. Kevin Anyan, the Rotary Club of Bowmanville will, in turn, forward a final copy to the Trillium Foundation. 7. Operation of Mobile Stage The Rotary Club of Bowmanville will have first right of refusal for use during their annual Ribfest held in June. The Municipality will permit the stage for every other time consistent with municipal permit procedures. The Municipality will maintain, store and insure the vehicle and will be responsible for transporting, setup and take down of the stage. COLLABORATIVE AGREEMENT Kevin Anyan Rotary Club of Bowmanville Fred Horvath, Director of Operations Adrian Foster, Mayor Patti Barrie, Municipal Clerk 10 -14 ®PD- 011 -12; Attachment 2 10 -15 m I loo 10 'A4 �4 `, *r. -%J� it f4 A , I# LEADING DESIGNER AND MANUFACTURER OF MOBILE STAGES AND PROMOTIONAL UNITS ■ CONFIGURATION: 10 WIND RESISTANCE: 24' x 20' 7.32 m x 6.10 ro 80 TaPH (120 KNI/H) WITHOUT I)INE)WALLS 40'x 24' f 12.19 Ill X 7.32 r-1) roo raPH (97 Kril/ti) IdVITH WINDMALLS VVIIII Ly rLr4•--;lor# PLA11OPMi • SET UP TI PAE: 0 FULL fir--I(',HT RAINPROOF WINDWALLS ON 3 SIDES 30 r.1114VTE-5 (IES.; V.1TODLIT WrADVALLS) ■ CERTIFIED BY PROFESSIONAL ENGINFERS IN 1 CERTIFIED TECHNICIAN EVERY STATF AND PROVINCE 1 STAGEHAND —1 , wo- %V W VJ S T A G E L I N E C 0 S1A6f uNE ■ Load bearing capaeity:6,500 b( NB[ v)norrcrc hoof lilting capacity: ;jM0!b(1,725ke) ■ Roofrnaximlum height: 19' -11' (4b5m)rramd=% o Side overhang rigging beams: Far nggng sound CapEelly: fNatl Ih al 3fi (i69 kp x1091 cm)prr sYir- Height: 10' 0' (a 02 aa) Iran ground 0VerelI height from ground: 2417-32 m)mthhrnei ■ Fioor: Size: ,.,-4' .q20'(3.32 m x &10rn) Capacity: RaWd al 100&Fzgf1(49Dhg/0) Height: 3' -8• la 4'-7'(1b? m Lo 1.100) a Roof: nhnrrJasctnndnrlln9 ' {500mm)Jnmmumnl : ing ■ 4 rigging points, trusses and rigging bear, 9' ll,hlnp (MA rr,rn) ■ f stairway with hand ralIs ■ $t Qr6U 0Gapat:ILy:!AV0()!4(2,96f1ktr) a.l LrKJ01.1A • Stage optlon: "Mix Posltlon" (SLIGO 61lx) • Fire retardant windwails an 3 sides: Maylnt 6iash f ull colw ornphtr, printing • Skirting • 2 Front overhang extensions 94'(9A5z�)• t951hat34'na �¢�9iogat0136rr') • Sound wing extensrons: ff t9 (944m)<944n•)-.0hVrarslrslx • Additional decks: up to 4U'. 9IY09.10 m K MP fn) mill. 4's -II 0.44 m) 111lINIL.'v Rll r11AI(aws • 1 Rooftop banner stipport: 4rt03?'_Yx3'1r {11A1mf 19D n) - 2 Lateral banner supports: up tor;;' x 16'(183f"A 4k D(n) - $too* reversigiiity • P(uhlicity space: Rtdila3 bilbvard Iv waxisiie %iobiliydwhiv Irah:fv1vfnu Multipe lxaav els at Various ata94 Mach to sUdclum hr vplimurn siobittf - Qutlr�ir+2il� -So tars d vjrng cove rs ®P®- 011 -12: Attachment 4 !�I J. l'• m z4' �if ill {r,it�•? II I 2tr•;�eomY , Up le• 2•1•'Qaa n F •'� -,7 j _ri t"] I up to 4T Set up Time, Manpower 1�'' hour I .� � Ili mar uu Why the Industry! chooses Stsge9%ne3l prodocts t � Manufacturini l: SlrageIrie has built rrs+r 5C0 units. !� �xperl; se:layel ne has <nelvn clEs r�rarg 'mehikr stages In c-wU 96 y(R Us. i Li 1013% tail proof It Istorp apst ssioty record in the indwAtyt LL Reliability In anpineering4 t•lighsst wind resislarcr:, with or ! without vilr6 all::. lYide ran0e of models; 31 -50, SL I()_1 SL1(.i(1 -fdiv, 91% . S1-32L, S.l AA51 5, RaraoVe, Cavcrcd eing:r & L34ti1•. ![ea l . ®Rain or shine. Complelc reinprooling with full I,a_-rIhi - w- M&omIS wid ,lownsiage canopies. I © Single tea iler; All Singe cnrnpprrnh; irwal in oue sLaqu leailef I ' il. a Qualify: !Designed and tuili to last Vic! At, Lnits bud lo, daito ore dill In opivathy.% OuWi y r-cnVallod Will in rj(1(1 -pain) area(:` :t:islrl. aStandord r:A'I tlrilu tire; wu4i:•xale -.t lifwitliktaid -2 Mmes the prrnlitled Irv. -:d, Tell +1450 -589=1063 k Fox; +100- .599 -17111 Not1h Aniefto; t una•267-8243 WIVIM. stage rine'vonl ralanisiMaslfteantztal, : 1:iv:110kd?1,12U,41.0Pn:tfmcrna p11h'csi, ,1:L IV fwU 11,,O meos 01)ULY ROSI (kw- ',.,I rd ".4w i "Of6w VAA bFie im'n AlslusilmJ iut[tibl�r9it\4,S ii "WOMln ?'-' t._L.+�'iCS;,,_n f!z•, IMmiinS.ttil*.sl fmrru:leI m mr.n}�h.:fPJl�,ni9j n7Lritu.Vli(�s5y�'asr':r�7. Ll.�•Z:ihR+'rcS puir_L a•�nt, L'r I.s r.N 10. {01tttA1 eJ••e; \yj rt a��•v.ISV,:.t:le;r 10 -17 Date: October 15, 2012 Resolution #: By -law #: Report#: CLD- 029 -12 File #: Subiect: VENDING MACHINE IN CLARINGTON LEASH FREE PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 029 -12 be received; 2. THAT the request of Emily Potter to install a vending machine in the Clarington Leash Free Park be denied; and 3. THAT all interested parties listed in Report CLD- 029 -12 be advised of Council's decision. Submitted by: PLB /CAG Reviewed b Y �rankli��Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -1 REPORT NO.: CLD- 029 -12 1. BACKGROUND PAGE 2 In May 2011 Council enacted By -law 2011 -057 which sets forth the rules of conduct to be followed by every person using the Leash Free Park in Clarington. Staff worked in cooperation with a group of residents and collectively they drafted rules for the park. During this process they considered their personal experiences in other leash free parks, rules established by other municipalities, feedback from those municipalities respecting their rules, and any significant incidents involving leash free parks. Clarington's park rules have proven successful, in that staff has not experienced any significant incidents since the opening of the park on May 4, 2012. That said, the most frequent rule violations are taking children under the age of 6 and taking food into the fenced park area. While persons being corrected by an Animal Service's Officer are not happy to be directed to remove their children or food from the park, staff report that compliance has been achieved in every case without laying any charges. On July 3, 2012, during a routine patrol of the Leash Free Park an Animal Services Officer discovered a vending machine containing dog biscuits had been placed within the fenced Leash Free area. No one in the park claimed ownership of the vending machine. The Officer called the Canadian Paraplegic Association as their number was posted on the vending machine. They confirmed that their records did not show the machine as being active. The machine was removed from the park. A second number on the machine was called, being Emily Potter's, and the person who took the call was advised that the machine was not permitted in the Leash Free Park. Given that the label on the machine indicated that the money was going to charity, and given that that charity confirmed that they are not receiving the money from the machine, our Animal Services Officer contacted the Durham Regional Police Service (DRPS). On the advice of DRPS, the vending machine was delivered to East Division. 2. DISCUSION 2.1 Food in the Park By -law 2011 -057 provides: 4.1.8 No person shall bring in to or possess while in any Leash Free Area: i) any bottles, containers or any other articles equipment, or utensils, made of glass, china, ceramic or other breakable substance capable of causing injury to a Dog; any food, including but not limited to human or canine variety. The reasons for prohibiting any food in the Leash Free Area are to protect the dogs as well as the people visiting the park. While in most instances people who bring in food or treats are well- intended, introducing food into this type of environment can be a recipe for disaster. Most dogs are quite excited in the park environment and often 13 -2 REPORT NO.: CLD- 029 -12 PAGE 3 behave differently than when they are at home or under the control of a leash. When food is introduced the dogs can become very aggressive, often out of character and unpredictably so. Additionally, many dogs are on special food or diet and should not be ingesting "unknown" food products. Over the past few years there have been several incidents (City of Toronto in January 2011 and February 2012, and Port Perry in March 2009) of animals being poisoned. Again, as a preemptive measure to avoid any opportunity for any such terrible incident, the prohibition of all foods in the park area was recommended and approved by Council. According to staff research findings there is no consistency in off -leash dog park rules respecting the permission of food within the park, and none of the municipalities contacted provide any type of vending machine in their off -leash dog parks. 2.2 Purchasing Policy By -law 2010 -112 sets out the rules respecting procurement activities to ensure a fair, transparent and competitive procurement process, in accordance with the Municipal Act. For clarification, any business /individual wanting to sell products or services at a Municipal facility or property would have to secure that authority and agreement through a competitive process unless otherwise authorized by Council. Any such agreement would involve conditions to be met, including insurance, WSIB (as applicable), possibly background checks, etc. Currently, our contract for specific locations and products for human consumption is with Imperial Vending Services. 2.3 Vending Machines in Municipal Parks The Municipality of Clarington has approximately 70 parks, including the one off - leash dog park. None of the park areas have vending machines. Staff has no record of ever having received a request for a vending machine to be placed in a park with the exception of Ms. Potter's. Discussions with Operations staff indicate concerns regarding security, theft and vandalism should vending machines be placed in a park, as the parks are not supervised like our Municipal facilities. 3. CONCURRENCE This report has been reviewed by Marie Marano, Director of Corporate Services and Fred Horvath, Director of Operations who concur with the recommendations. 4. CONCLUSION The provisions enacted by Council through By -law 2011 -057 prohibit anyone from taking food into the off -leash dog park for the safety of those visiting the park and for the safety of the dogs. To allow vending machines within the off -leash dog park could 13 -3 REPORT NO.: CLD- 029 -12 PAGE 4 create an increase in incidents of animal aggression, and may compromise the health of some dogs. While regularly patrolled by Animal Services and Operations staff, the dog park is not supervised, and allowing a vending machine to be placed in the park raises concerns regarding security, theft and vandalism. For these reasons, staff recommend that the request for a vending machine be denied. However, should Council resolve that a vending machine for dog biscuits should be installed at the off -leash dog park, the provisions of the Purchasing Policy would have to be followed. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: None List of interested parties to be advised of Council's decision: Emily Potter Marie Marano, Director of Corporate Services Fred Horvath, Director of Operations 13 -4 Date: October 15, 2012 Resolution #: By -law #: Report#: CLD- 030 -12 File #: Subject: ANIMAL SERVICES QUARTERLY REPORT — July — September, 2012 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 030 -12 be received; and 2. THAT a copy of Report CLD- 030 -12 be forwarded to the Animal Alliance of Canada. Submitted by: PLB /CAG Reviewed by: Franklin r Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -5 REPORT NO.: CLD- 030 -12 1. BACKGROUND PAGE 2 Animal Services activities are reported to Council on a quarterly basis. The attachment to this report summarizes the activities and revenues pertaining to Animal Services for the months July to September, 2012, as recorded by staff as at the time this report was prepared. 2. CONCURRENCE — N/A CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachment: Attachment 1 — Quarterly & Year -To -Date Statistics List of Interested Parties Ms. Liz White, Animal Alliance of Canada 13 -6 Attachment 1 3rd Quarter & YTD Statistics 2012 Dispatch Summary Issue Types Animal Control Issues - Outcomes 13 -7 Attachment 1 3rd Quarter & YTD Statistics 2012 Total By GIL Code (start here) 100 -19- 190 - 30705 -6400 - Animal Service Impound /Surrender Fee I 19 I 1,080.00 I 26 I 1305.00 I 68 I 3,770.00 I 78 3,955.00 100 -19- 190 - 30715 -6401 —Animal Trap Rentals 1 19.04 1 1 9.52 2 23.80 1 6 1 104.72 100 -00- 000 - 00000 -6506 —Cash Over /Short Account 0 -- 0-- 0 0 - 0 _ _ 0 0 0 100 -21- 000 - 00000 -6506 — Finance Charges after NSF 1 35.00 0 0 4 144.55 1 25.00 100 -19- 130 - 30641 -6400 — Licences Paid after NSF 1 40,00 ' 0 0 3 100.00 0 0 100 -19- 190 - 00000 -7162 — Vet Services — Repayment for Expenses 0 0 1 73.11 0 0 1 73.11 "100 -19- 190 - 00000 - 7250 - Commission Expenses (ANTCO) 15 366.00 7 384.00 45 1,172.00 18 838.00 100 -19- 190- 30720 - 6400 - Disposal of Animals 4 268.00 4 233.00 14 1,300.36 8 681.00 100 -19- 190 - 35525 -6500 - Dog /Cat Licences 720 29,265.00 188 9,515.00 3,078 112,036,00 2,704 64,055.50 523 -00- 000 - 00000 -6760 - Donations 4 335.00 12 1 755.00 36 2,788.25 40 2,383.64 100 -00- 000 - 02033 -2003 - GST 0 0 0 0 0 0 0 0 100 -19- 130 - 35520 -6500 — Other Licences - Kennel 0 0 1 100.00 13 1,900.00 12 1,300.00 100 -00- 000 - 02034 -2003 - PST 0 0 0 0 0 1 0 0 0 100 -19- 190 - 30710 -6400 - Sale of Animals 45 4,530.87 22 1 2,484.96 134 1 13,402.36 99 9,655.07 100 -00- 000 - 02035 - 2003 -HST 50 629.48 27 376.57 150 1,888.63 113 1 1,432.10 100 -19- 190 - 00000 - 7180 - Animal Services — Spay /Neuter Rebate 0 0 0 0 0 0 0 Fo Totals 860 36,568.39 289 15,256.16 3,547 138,525.95 3080 184,503.14 *Additionally, $31,673.90 has been expended in door -to -door sales commissions to Animal Licensing Services Inc 13 -8 13 -9 Attachment 1 3rd Quarter & YTD Statistics 2012 Shelter Statistics - Identification Comparison Total Length of Stay RA �3'",.'t --:. �d-^�n ��' _ _ � S 4T .�4• '�� R��'6C 1,�$ � q;'l ...� Cat 4 36 40 1 26 27 157 76 Dog 10 31 41 14 37 51 139 129 Kitten -0--- ___._ -- 49 _ 49 _ 0 32 32 _111______ 67 puppy 0 0 0 0 1 1 3 7 Bird 0 0 0 1 0 1 0 1 Rabbit 0 0 0 0 0 0 0 0 Mammal 0 0 0 0 0 0 0 0 Total Length of Stay 13 -10 Number of 0 23 28 25 0 0 0 76 ro Animals cY Number of Days 0 1887 306 1554 0 0 0 3,747 N M N Average 82 10 62 0 0 0 Number of 1 28 51 20 0 1 0 101 Animals - Number of Days 0 4631 429 1002 0 0 0 6,062 a M cy c Average 0 165 8 50 0 0 0 -- Number of 0 104 102 55 0 11 0 272 N Animals T- N Number of 0 9080 829 4099 0 79 0 14,087 Days Average 0 87 8 74 0 7 0 Number of 1 100 127 46 0 6 0 280 Animals C14 Number of 0 12122 804 2388 0 21 0 15,335 Days Average 0 1 121 6 51 0 3 0 -- 13 -10 Attachment 1 3rd Quarter & YTD Statistics 2012 Shelter Statistics - Incoming (including transfers) 3rd Quarter 2012 YTD 2012 13 -11 Attachment 1 3rd Quarter & YTD Statistics 2012 3rd Quarter 2011 YTD 2011 Animal Bite /Attack & OTR Summary 13 -12 YTD YTD 2012 2011 15 11 16 18 5 14 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 15, 2012 Resolution #: By -law #: Report#: COD - 023 -12 File #: Subiect: GREAT WEST LIFE RENEWAL NOVEMBER 1, 2012 AND FUTURE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD - 023 -12 be received; 2. THAT the Great West Life Benefit program renewal at 0.9% premium increase for the period of November 1, 2012 to October 31, 2013 be approved; and 3. THAT the Director of Corporate Services be authorized to approve administrative agreements as required for the current and future renewals, subject to satisfactory service and acceptable terms. Submitted by: Reviewed by- Marie Marano Franklin Wu, Director of Corporate Chief Administrative Officer Services /H. R. MAM /gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 14 -1 REPORT NO.: COD -23 -12 1. Great West Life — Zero Percent: June 1, 2011 to November 2012 PAGE 2 The Group Benefits program was renewed with Great West Life at zero percent from June 1St, 2011 to November 1St 2012. The service level from Great West Life during the current provision period has been excellent. The benefit program went to market in 2008 under report COD - 064 -08, and was in place for a minimum four year term, with the Director of Corporate Services authorized to approve the renewal of a further term pending satisfactory service and acceptable terms, which would have taken the program to 2016. The renewal is being brought forward now primarily for information and confirmation of the program with Great West Life. Going to Market is a significant undertaking with a cost for consultants to develop the specifications and evaluate the bid submissions. In addition the Administrative time to participate in the program development, and the approximately 6 month commitment required to change to another carrier is a huge drain on a very lean Payroll Division. Going to market within a few year period, generally does not result in the best price because it is a huge bid submission by the benefit carriers, and they are not interested in committing to parties who price -test the market frequently. With Great West Life's commitment to zero percent for 17 months to November 2012 it was considered reasonable to await the 2012 to 2013 renewal proposal, prior to consideration of any change to the current program. The cost and time to change providers at this time is not considered in the Municipality's best interest. 2. 2012 — November 2013 Renewal Great West Life has confirmed a renewal increase of 0.9 percent for the period of November 1 2012 to October 31, 2013. Throughout the negotiations during the recent months, evaluation of the claims history supports an increase from 4% to 8% due to the increased claims and impact from Fire Negotiations beginning September 2011 (there were no increases for C.U.P.E. or Management benefits negotiated in February 2012). Although GWL has paid higher amounts in claims than expected they are willing to go with the less than I% renewal based on the trending pattern indicating that the claims should stabilize during the upcoming period. The monthly premium cost goes from the current $214,890 to $216,729. 3. FUTURE RENEWALS As in the past, it is recommended that future renewals be subject to satisfactory service and terms negotiated and authorized by staff. The intention would be to go to market when it appears to be in the Municipality's best interest. 14 -2 REPORT NO.: COD -23 -12 4. CONCURRENCE - Not applicable CONFORMITY WITH STRATEGIC PLAN: PAGE 3 The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development x Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Marie Marano, Director of Corporate Services /Human Resources List of interested parties: None 14 -3 Date: October 15, 2012 Resolution #: By -law #: Report#: COD - 024 -12 File #: Subiect: PURCHASING BY -LAW AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. . THAT Report COD - 026 -12 be received; 2. THAT By -law 2010 -112 be amended as per Attachment 1; and 3. THAT the Mayor and Clerk be authorized to execute the amending by -law (Attachment 1). Submitted by: Gi Marie Marano, H.B.Sc., Director of Corporate Services MM \JDB \km y Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 14 -4 REPORT NO.: COD - 024 -12 PAGE 2 1. BACKGROUND 1.1 In June of 2010, Council approved Purchasing By -law 2010 -112. After having time to work with the revised by -law it has become apparent that there are some minor changes required in order to provide consistency and efficiencies. 1.2 The required changes are detailed in the amending By -law (Attachment 1) and are summarized below: 1.3 The current by -law does not speak directly to the issue of contract administration. It does reference the establishment of administrative procedures, standard practices and forms to implement the by -law. There is also section 69 that speaks to "default by successful bidder ", but this section relates to the default of not executing the agreement or failing to provide the required documentation needed in the formation of the agreement. It does not address administration of an awarded contract. It is therefore recommend that the by -law be amended to provide the Purchasing Manager the authority to deal with contract administration including the need to terminate, when necessary. 2. COMMENTS 2.1 The approval of this recommended change is in keeping with the original intent of the Purchasing By -law. 3. CONCURRENCE 3.1 This report has been reviewed by Andrew Allison, Municipal Solicitor and the Manager of Purchasing who concur with the recommendations. 4. CONCLUSION 4.1 In order to effectively administer supply and services agreement authority at the procurement level is required in order to effectively administer agreement and if necessary terminate and take the necessary steps to ensure project completion of continued supply. It is therefore recommended that the Purchasing By -law be amended accordingly. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Purchasing Manager Attachments: Attachment 1 - Amending By -law 14 -5 Attachment 1 THE CORPORATION OF THE MUNICIPALITY OF-CLARINGTON BY -LAW 2012- A By -law to amend By -law 2010 -112 being a by -law to provide policies and procedures for the purchase of goods and services. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT By -law 2010 -112 be amended by adding the following section: 69.1 If .a successful Bidder defaults on an awarded agreement, the Purchasing Manager is authorized to take remedial action including termination of the agreement and all necessary steps to ensure completion of the project or continued service /supply. 2. This by -law shall take effect on the date of its passage. By -law passed this day of , 2012. Adrian Foster, Mayor Patti. Barrie, Clerk 14 -6 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 15, 2012 Resolution #: By -law#: Report#: COD - 025 -12 File #: Subiect: RFP2012 -8 FIRE MASTER PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD - 025 -12 be received; 2. THAT Dillon Consulting, Toronto, Ontario, with a total estimated bid price of $71,226.91 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications be awarded the contract for RFP2012 -8 Provision of Consulting Services — Fire Master Plan, as required by the Emergency and Fire Service Department; and 3. THAT the funds required in the amount of $71,226.91 be drawn from the 2012 Emergency and Fire Services Administration — Consulting account #100 -28 -130- 00000 -7160. Submitted by:.; ,G Marie Marano, H.B.Sc., MM \JDB \km C.M.O., Director of Corporate Services Nancy Ta�,Aor' , 948.A., C. A. Director of Finance/Treasurer Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 14 -7 REPORT NO.: COD - 025 -12 1. BACKGROUND PAGE 2 1.1 Request for Proposal RFP2012 -8 Fire Master Plan was advertised electronically on the municipal website and the Ontario Public Buyers website. Eleven firms downloaded the document. Subsequently, six (6) proposals were received and tabulated as per Attachment 1. 2. ANALYSIS 2.1 All proposals met the bid submission requirements and were evaluated based on company background, references, pricing /cost, staff qualifications and experience, quality of submission, project deliverable and value added services. 2.2 The proposals were reviewed and ranked by staff members from the following departments: Emergency and Fire Services, Finance, Engineering, Planning and Corporate Services. The criteria was ranked accordingly on a scale from one (poor) to five (excellent) consistent with the RFP guidelines. 2.3 Two bidders with the highest ranked written proposals, Dillon Consulting and MMM Group, were short listed and made a presentation to the Evaluation Team on their understanding and approach to the project. The presentations were evaluated based on ability to communicate, overall impression of the presentation, attention to concerns /questions, their understanding of the requirements and identification of practical solutions. The highest ranked proponent was then subjected to a check of references. 2.4 The highest ranked consultant is the Dillon Group, Toronto, Ontario, and they have completed numerous Fire Master Plans and provided satisfactory references. 3. COMMENTS 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Fire and Emergency Services. 4. FINANCIAL 4.1 The required funds are to be drawn from the 2012 Emergency and Fire Services Administration - Consulting account #100 -28- 130 - 00000 -7160 budgeted at $75,000.00. 5. CONCURRENCE 5.1 This report has been reviewed by Gord Weir, Director of Emergency and Fire Services and the Manager of Purchasing who concur with the recommendations. MM-11 REPORT NO.: COD - 025 -12 PAGE 3 6. CONCLUSION 6.1 That the highest ranked proponent, Dillon Consulting, be recommended as the successful proponent for the provision of the Fire Master Plan. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Jerry Barber, Purchasing Manager Attachments: Attachment 1 - Bid Tabulation 14 -9 Leading the Way Attachment 1 Municipality of Clarington BID TABULATION RFP2012 -8 FIRE MASTER PLAN BIDDER Bid Amount '(Net of HST Rebate) Dillon Consulting Limited Toronto, ON $71,226.91 MMM Group, Jim Gough Thornhill, ON $68,609.64 Emergency Management & Training Inc. Barrie, ON $61,007.16 Emergency Services Consulting International Wilsonville, OR $68,223.13 T L. Powell & Associates Ltd Ajax, ON $66,378.05 BH Group Inc. Uxbridge, ON $71,232.00 14 -10 Date: October 15, 2012 Resolution #: By -law #: Report #: FND- 023 -12 File #: Subject: FINANCIAL IMPACT ANALYSIS OF CLARINGTON OFFICIAL PLAN REVIEW: GROWTH MANAGEMENT COMPONENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND- 023 -12 be received; 2. THAT the Purchasing By -Law 2010 -112 be WAIVED and that Hemson Consulting Ltd. be retained to undertake the Financial Impact Analysis of Clarington's Official Plan: Growth Management Component to an upset limit of $90,000.00; and 3. THAT the study be financed from the General Government Development Charges reserve fund at 90% of the cost and the remaining balance of 10% be funded from Unclassified Administration Professional fees account. Submitted by: NT /LG /hjl Nancy Taylor/bb_& CA, Director of Finance/Treasurer Reviewed by: Franklin Wu, VChief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 15 -1 REPORT NO.: FND- 023 -12 PAGE 2 1.0 BACKGROUND 1.1 On March 19, 2012, Clarington Council approved the Addendum to Planning Department's report PSD- 009 -12 — Amendment 77 to the Municipality of Clarington Official Plan to Incorporate the Requirements and Permissions afforded to the Municipality as a Result of Bill 51, The Planning Conservation Land Statute Law Amendment Act, 2006, Places to Grow Act, 2005, The Greenbelt Act, 2005, The Ontario Heritage Act and The Provincial Policy Statement, 2005. Number 4 of the report's recommendations stated the following: "4. THAT Municipal staff endeavour to complete the Growth Management phase of the Official Plan Review within 18 months incorporating the infrastructure and financing implications of future growth and any implications from the hearing on the Regional Growth Plan Amendment (ROPA 128) currently before the Ontario Municipal Board; ". 1.2 The growth management stage of the municipality's Official Plan requires financial consideration of the infrastructure involved due to future growth until the year 2031 so policies may be established and form part of the OP to support the most efficient fiscal process for the development of residential and employment lands. 1.3 The 2010 Development Charges Background Study will be the basis for this financial impact analysis as some of the infrastructure work for roads and related has been done to the year 2031. Some of the roads and related infrastructure may have to be re- worked to coordinate with population growth per ROPA 128. 1.4 The financial aspects of other related growth infrastructure such as parks, libraries and recreational facilities for residential lands have to be captured to the year 2031 in accordance with provincial policies and plans and ROPA 128. 2.0 COMMENTS 2.1 Hemson Consulting Ltd. has been involved in the growth aspects of the Municipality's Official Plan Review and prepared the Clarington Community Forecast, Population and Employment Projections, March 2010. 2.2 Hemson Consulting Ltd. is familiar with the Municipality's infrastructure plans, growth forecasts and the financing strategy contained in the Development Charges Study. Craig Binning of Hemson Consulting Ltd. was responsible for the preparation of the last four Development Charges Studies. 15 -2 REPORT NO.: FND-023-12 PAGE 3 2.3 The request for proposal for consulting services for the 2010 Development Charges Background Study and draft Development Charges By-law included the provision that the successful proponent assist during the 5 year life span of the Development Charges Bylaw in any related studies, consulting needs or further policy development. 2.4 Hemson has extensive experience in financial impact modelling and prepared for the municipality the Financial Impact Analysis of New Development Areas in 2008. 2.5 Due to the significant detailed scope of this study, Hemson's extensive knowledge of the DC Background study and population forecasts in Clarington, the DC background study RFP requirement that the awarded consultant assist in any related studies, consulting or policy development along with Council's completion timing of September 2013, staff is requesting that the purchasing by- law be waived and that Hemson Consulting Ltd. be retained to undertake this work for consulting to an upset limit of$90,000.00. 2.6 This financial impact study is eligible for 90% funding from the General Government Development Charges reserve fund and the 10% non development charges funding is available in the Unclassified Administration Professional Fees account. 2.7 This study will involve input from several departments. A project work group will include the following departments: Planning, Engineering, Operations, Community Services, Emergency Services with the Finance Department being the lead. 3.0 CONCURRENCE 3.1 This report has been reviewed by the Director of Corporate Services/Human Resources and the Purchasing Manager and they concur with the recommendations. 4.0 CONCLUSION 4.1 This study is necessary in order to fulfill Council's request of March 19, 2012. This financial analysis study will provide Council and staff with advice and recommendations to manage our growth through new policies in the Official Plan and implementation of infrastructure in the most effective fashion for Clarington's current and future taxpayers. - 4.2 Although Finance staff will have significant hands on, detailed involvement in the preparation of the study, the scope of work required is beyond the current staffing capabilities to undertake directly in light of other significant projects underway (2013 budget, 2012 year end financial reporting, long-term asset management policy work and involvement in other ongoing special studies). REPORT NO.: FND- 023 -12 CONFORMITY WITH STRATEGIC PLAN PAGE 4 The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer List of interested parties to be advised of Council's decision: none 15 -4 \ 091A1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 15, 2012 Resolution #: By -law #: Report #: LGL- 006 -12 File #: L2030 -03 -02 Subject: LEASE OF CLOSED ROAD ALLOWANCE (BOND STREET) TO SHERYL AND STAN ZULY 627 MILL STREET SOUTH. NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report LGL- 006 -12 be received for information; and 2. THAT Stan and Sheryl Zuly and Catherine Love be advised of Council's position respecting Ms. Love's delegation on September 17, 2012. Submitted by: 4X�'4� Reviewed Andrew C. Allison, B. Comm., LL.B. Franklin Wu, MAOM Municipal Solicitor Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 16 -1 REPORT NO.: LGL- 006 -12 1.0 BACKGROUND PAGE 2 1.1 At the May 9, 2011 General Purpose and Administration Committee, Sheryl Zuly appeared as a delegation. The minutes of that meeting recorded her comments as follows: Sheryl Zuly was present to request the use of an unopened road allowance as a vegetable garden. Ms. Zuly read a letter from her husband requesting to either lease or be given permission to use the unopened road allowance, adjacent to their property, for a vegetable garden. She acknowledged that the initial request was denied, but she noted that other municipalities allow residents to use unopened road allowances for garden plots. She confirmed there will not be any building erected and it would be for their exclusive use. The "initial request" that Ms. Zuly was referring to in her delegation was a request to purchase the unopened road allowance. She was advised that staff could not support such a request. 1.2 Following the delegation, Committee passed the following resolution ( #CPA -338- 11): THAT the request of Stan and Sheryl Zuly, to use the unopened road allowance adjacent to their property in Newcastle, be approved in principle, subject to any conditions set out and reported by staff for the Council meeting of May 16, 2011. 1.3 On May 16, 2011, Council passed the following resolution ( #C- 271 -11): THAT the request of Stan and Sheryl Zuly to use the unopened road allowance adjacent to their property in Newcastle, be approved. THAT the final lease between the .Municipality of Clarington and Stanley and Sheryl Zuly for the closed portion of the Bond Street road allowance, as drafted by the Municipal Solicitor be approved; and THAT the Mayor and Municipal Clerk be authorized to execute the lease on behalf of the Municipality. 1.4 A copy of the executed lease agreement (the "Zuly Lease ") is attached to this Report (Attachment 1). 1.5 In response to a delegation from Catherine Love at the Council meeting on September 17, 2012, Council passed the following resolution ( #C- 258 -12): THAT Correspondence Item D - 12 from Catherine Love, with respect to renewal of a lease agreement, be referred to staff for review and for 16 -2 REPORT NO.: LGL- 006 -12 policy direction on how to handle these matters in future; and THAT the report be presented in the next month or so. PAGE 3 1.6 The purpose of this Report is to provide information to Council respecting requests to lease unopened road allowances generally and the specific request of Ms. Love to terminate the Zuly Lease effective May 8, 2013. - 2.0 POLICY DISCUSSION 2.1 In the opinion of staff, there is no need to create further policy because existing Municipal by -laws and policies adequately address issues relating to municipal road allowances. 2.2 All requests to close and convey a municipal road (whether opened or unopened) are dealt with in accordance with Council approved "Policy and Procedure for Road Closures" dated October 26, 1992 (as amended). It provides a very detailed description of the process to be followed, including public notice, when the Municipality is requested to close and sell any portion of a municipal road allowance. This Policy does not deal with requests to lease portions of a road allowance; it only deals with the potential sale of a road allowance. The Policy was followed most recently when the Municipality sold a portion of the road allowance between Lots 34 and 35 in Concession 8 (former Township of Clarke) to the Orono Fish and Hunt Club. 2.3 By -law 2011 -11 governs the sale or other disposition of surplus municipal land, but it specifically exempts the sale of road allowances made in accordance with the "Policy and Procedure for Road Closures ". 2.4 Section 15 of By -law 2011 -11 provides as follows: Deli The CAO shall have the authority to enter into agreements and sign all documents necessary to sell or acquire the fee simple interest in any land required for public infrastructure purposes, or any interest in land for temporary and permanent easements and rights -of -way, encroachment agreements, and leases and licences provided, (a) the consideration paid or received for the land or the interest in land does not exceed $10,000.00; (b) no other Municipal interests will be adversely affected by the conveyance; 16 -3 REPORT NO.: LGL- 006 -12 PAGE 4 (c) for all sales, the party acquiring the land or the interest in land pays all transaction costs and enters into an agreement that is acceptable to the Municipal Solicitor, and (d) the Finance Department is advised of the sale or purchase for the purpose of maintaining an up -to -date tangible capital asset listing. 2.5 Issues respecting community gardens, including the location criteria, were thoroughly considered in Report OPD- 006 -11 dated June 11, 2011. 2.6 Requests to lease portions of a road allowance are very rare. The only other example of a similar request that staff are aware of is the recent request of the Port Hope Area Initiative Management Office to lease a portion Elliott Road for purposes related to the Port Granby Project. Council agreed to enter into a lease with "HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Natural Resources" for such purpose. 2.7 There will always be one -offs or exceptions to any policy; there is no way to get around it. Section 15 of By -law 2011 -11 is specifically intended to provide a mechanism to deal with some of these one -offs (e.g. minor licences, leases and easements in relation to municipal property including municipal road allowances). Given the frequency with which requests to lease portions of a road allowance come up, it is the opinion of staff that no further policies are required and that such requests should continue to be dealt with on an individual basis as they arise in accordance with existing policies. 3.0 ZULY LEASE 3.1 As part of her delegation, Ms. Love requested that the Municipality terminate the Zuly Lease. She offered several reasons for her request, among them the loss of privacy and nuisance. Ms. Love.also advised Council that she had not been given any notice prior to Council authorizing the Zuly Lease, and that her only communication on the subject was with Ms. Zuly shortly prior to Council passing its resolutions in May 2011. 3.2 With regard to notice, existing Municipal policies do not require any form of notice for the type of request (lease) that was made by Mr. and Mrs. Zuly. 3.3 During her delegation, Ms. Love presented evidence in support of her assertion that what was happening on the leased property (the unopened road allowance) was affecting her privacy and creating a nuisance. 3.4 Ms. Love mentioned that trees had been planted in the leased area. The lease does not permit trees to be planted. The only permitted use is a vegetable garden (see sections 8 and 17 of the Zuly Lease). 16 -4 REPORT NO.: LGL- 006 -12 3.5 Section 12 of the Zuly Lease provides as follows: Either party may terminate this Lease for any reason whatsoever upon delivery to the other at least three months' prior notice to terminate effective the last day of the Term or any renewal of the Term. (emphasis added) PAGE 5 3.6 If it is Council's 'desire to terminate the Zuly Lease effective May 8, 2013, staff need to be given direction to that effect. 4.0 CONCURRENCE 4.1 The Director of Corporate Services, Director of Operations, Director of Engineering Services and Director of Planning Services have reviewed this Report and concur with its recommendations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Attachment 1: Zuly Lease dated May 9, 2011 16 -5 LEASE AGREEMENT THIS LEASE is made as of the 9t" day of May, 2011 BETWEEN: THE CORPORATIONOF THE MUNICIPALITY OF CLARINGTON (the "Municipality') - and - STANLEY VALENTINE ZULY and SHERYL DIANNE ZULY (the "Tenants ") ARTICLE 1 — INTERPRETATION Definitions 1. In this Lease, (a) "Commencement Date" means May 9, 2011; (b) "Lease" means this lease as it may be amended from time to time. (c) "Property' means the closed portion of the Bond Street road allowance legally described as Part of Bond St., PI Village of Newcastle, Hannings Plan, undated Newcastle, Closed by N111252, Pts 1 and 2, 10R -1470, in the Municipality of Clarington, Regional Municipality of Durham as shown in Schedule "A" to this Lease; and (d) "Term" means the term of this Lease as set out in Section 10. Headings 2. - The division of this Lease into parts, sections, subsections and schedules and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Lease. HIM Severability 3. If any provision of this Lease is held to be rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Property and may only be amended or supplemented by an agreement in writing signed by both parties. ARTICLE II — GRANT AND USE Grant 7. In consideration of the performance by the Tenants of their obligations under this Lease, the Municipality leases to the Tenants the Property for the Term. In consideration of the performance by the Municipality of its obligations under this Lease, the Tenants takes the Property on lease from the Municipality and covenants to pay the rent and to observe and perform all other covenants to be observed and performed by the Tenants under this Lease. Use of Property 8. The Property shall be used for gardening purposes and for no other purpose without the prior written consent of the Municipality. Nuisance 9. The Tenants shall not carry on any business or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the Municipality or any adjoining landowners. ?. Page 2 16 -7 ARTICLE III — TERM Term 10. Subject to section 11, the term of this Lease shall be one year commencing on the Commencement Date and expiring on May 8, 2012. 11. The Term shall automatically be extended for further periods of one year upon the same terms and conditions as set out in this Lease unless either party gives notice to the other in accordance with section 12. 12. Either party may terminate this Lease for any reason whatsoever upon delivery to the other at least three months' prior notice to terminate effective the last day of the Term or any renewal of the Term. ARTICLE IV — RENT Rent 13. The Tenants shall pay to the Municipality as rent the sum of TWO DOLLARS ($2.00) per annum. Property Taxes 14, The Tenants shall pay all real estate taxes, general taxes, school taxes, levies, rates, duties, assessments and charges imposed against the Property by municipal or other governmental authorities having jurisdiction. If following a reassessment by MPAC the real property taxes imposed against the Property exceed $50 per year, the Tenant's shall have the option to immediately terminate this Lease without penalty or charge. 15. The Tenants have the right to contest or review the assessment of the Property for property taxes by legal proceedings or in such a manner as the Tenants in their option deem advisable. Any proceedings or other steps taken by the Tenants, if instituted, shall be conducted at their own expense. ARTICLE V — MAINTENANCE, REPAIRS AND ALTERATIONS Maintenance and Repair of Property 16. The Tenants, at their sole cost and expense, shall maintain and keep the Property as is or in an improved state of repair, as they choose. J Page 3 Alterations /Improvements to Property 17. The Tenants shall not be permitted to make alterations and improvements to the Property unless they are agreed to by the Municipality except to the extent that such alterations or improvements are not structural and are related to the intended use of the Property as a vegetable or flower garden. Removal of Improvements 18. The Tenants shall, unless specifically requested by the Municipality not to do so, remove all improvements that it may have made to the Property and shall restore the Property, as nearly as possible, to the state it was in before such improvement was made at the expiry of the Term. ARTICLE VI INSURANCE AND INDEMNITY Tenants Insurance 19. The Tenants, at their sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Property; and (b) commercial general liability insurance pertaining to the Tenants' liability to others in respect of injury, death or damage to property occurring upon, in or about the Property, such insurance to be an amount which is reasonable and sufficient having regard for the scope of the risk and the current practice of prudent owners of similar Property for the carrying on of similar businesses, but in any event in an amount not less than one million dollars ($1,000,000.00) for claims arising out.of one occurrence. Such policy shall also name the Municipality as an additional insured and may not be cancelled unless prior notice by registered letter has been given to the Municipality by the insurer 30 days in advance of the expiry date. 20. Upon request, the Tenants shall file with the Municipality a Certificate of Insurance in a form satisfactory to the Municipa9ity's Treasurer verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 21. The provision of the insurance policy required by this section shall not relieve the Tenants from liability for claims not covered by the policy or which exceed its limits, if any, for which the Tenants may be held responsible. Page 4 16 -9 Insurance Risks 22. The Tenants shall not do, omit to do, or permit to be done or omitted to be done upon the Property anything that may contravene or be prohibited by any of the Municipality's insurance policies in force from time to time covering or relevant to any part of the Property or which would prevent the Municipality from procuring its policies with companies acceptable to the Municipality. Indemnification 23. Each of the Municipality and the Tenants shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitor's fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non - performance by the party so indemnifying of any covenant, term .or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the Municipality or the Tenants, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. ARTICLE VII — REMEDIES ON DEFAULT Municipality's Right to Remedy Default 24. In addition to all other remedies the Municipality may have under this Lease and in law, if the Tenants are in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Tenants (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the Municipality will not be required to give notice), the Municipality, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Tenants shall be responsible for all such costs. Waiver 25. No condoning, excusing or overlooking by the Municipality of any default, breach or non - observance by the Tenants at any time or times in respect of any covenant, obligations or agreement under this Lease shall operate as a waiver of the Municipality's rights hereunder in respect of any continuing or subsequent default, breach or non - observance, or so as to defeat or affect in any way the rights of the Municipality in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Tenants save only an express waiver in writing. Page 5 —1.�� ARTICLE VIII — MISCELLANEOUS Quiet Enjoyment 26. The Municipality shall permit the Tenants to peaceably possess and enjoy the Property during the Term without any interference from the Municipality or any person lawfully claiming by, from or under the Municipality provided the Tenants a� not in default. Right of Entry 27. The Tenants agree to permit the Municipality and authorized representatives of the Municipality to enter the Property during normal business hours for the purpose of inspecting the same on prior notice to the Tenants (except in an emergency where no notice shall be required). Fees 28, The Tenants shall pay to the Municipality the sum of $250 for fees associated with the preparation of this Lease. Compliance with Laws 29. The Tenants,'at their sole cost and expense, shall comply with all legal requirements (including statutes, laws, by -laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use or occupation of the Property by the Tenants. Notice 30. Any notice required to be given by the Tenants to the Municipality under this Lease shall be in writing and shall be delivered to: The Corporation of the Municipality of Clarington 40 Temperance St. Bowmanville, Ontario L1C 3K5 Attention: Purchasing Manager or such other address of which the Municipality has notified the Tenants in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Page 6 1� 16 -11 31. Any notice required to be given by the Municipality to the Tenants under this Lease shall be in writing and shall be delivered to: Sheryl and Stanley Zuly 627 Mill St South Newcastle, Ontario L1B 11-9 or such other address of which the Tenants have notified the Municipality in . writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Assignment and Subletting 32. The Tenants shall not assign this Lease or sublet all or any portion of the Property without the prior written consent of the Municipality. Successors and Assigns 33. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION F THE MUNICPALITY OF CLARINGTON Adrian Foste Patti L. Oarri-V, N(unijc- al Clerk Sh&yl Dia ne Z (1:5i�'----2 I Stanley Valentine Zuly 16 -12 Page 7 94Fg6 O :..,, 16�3pp1a C 19 1666'0 65 TOO TO6 PO 5't �666gp136 — �6669p199 16�',,p1gU Teraview° 0 17 34 51 68 85 102 n), e$ NAME May 6, 2011 Protected by Copyright. May not be reproduced without permission. 'This map was compiled using plans and documents recorded In the Land Registry System and has been prepared for property Indexing purposes only. This Is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 - 208 -5263 (Toronto: 416 - 360.1190) 0665011 1609/141 W+F- S 16 -13 UNFINISHED BUSINESS #1 The following is unfinished business arising out of the October 1, 2012 Council meeting: BILL 121 — ABILITY TO PAY ACT D - 4 John O'Toole, MPP, Durham providing an update on Bill 121 —Ability to Pay Act, regarding awards by arbitrators; expressing concern that the arbitration process often awards increases taxpayers cannot afford; advising that provisions in the Act will ensure that tax dollars will be allocated to things people care about most by requiring arbitrators' decisions to factor in specific economic and budgetary factors and explain decisions in writing, call for a panel of independent arbitrators to decide public sector cases within three months, and if passed, the Act will create an Ability to Pay Division that would publish comparative information on compensation, as well as proactively disclose all arbitration decisions; and, requesting Council's support by adopting resolutions encouraging the Liberals and the NDP to assist in getting the bill passed when it is debated in second reading expected to take place on October 4, 2012. Resolution #C- 278 -12 THAT Correspondence Item D — 4 from John O'Toole, with respect to Bill 121 — Ability to Pay Act be referred to the next General Purpose and Administration Committee meeting. 18 -1 OTHER BUSINESS),(a) MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE October 15, 2012 MOVED BY Councillor Neal SECONDEDBY NOW THEREFORE BE IT RESOLVED THAT: 1. RESOLUTION # a) Staff report back to GP & A by November 26, 2012 on building a permanent structure which would accommodate, among other activities, musical events, in the park at 71 Old Kingston Road in Courtice. b) Staff include in the report electrical feeds for the structure, and for lights' on Old Kingston Road. 19 -1 OTHER BUSINESS (b) MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE RESOLUTION # DATE October 15, 2012 MOVED BY Councillor Novak SECONDED BY WHEREAS the Darlington Soccer Club has requested that the Municipality construct outdoor artificial turf fields to support its growing need for additional fields AND WHEREAS other potential user groups such as football and lacrosse would also benefit from artificial turf fields to practice and play earlier and later in the season than traditional grass fields permit NOW THEREFORE BE IT RESOLVED THAT Engineering Services be given direction to investigate the project including the need, costs, and potential locations with input from the Darlington Soccer Club and other potential user groups, for consideration in the 2013 Capital Budget 19 -2 (i�r1�1 MEMO Leading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: October 12, 2012 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — OCTOBER 15, 2012 — UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, October 15, 2012: 6. DELEGATIONS See attached Final List. (Attachment#1) —ilk Patti L. Barrie, Municipal Clerk PLB/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: October 15, 2012 (a) Mike Porporo, Municipal Relations Representative, Municipal Property Assessment Corporation, Regarding the Upcoming Reassessment (b) Frank Debrah Regarding Establishing a Pedestrian Walkway to Bridge the Townline Road Gap (c) Catherine Love Regarding Report LGL-006-12, Lease of Closed Road Allowance (Bond Street) To Sheryl and Stan Zuly, 627 Mill Street South, Newcastle (d) Stan Zuly Regarding Report LGL-006-12, Lease of Closed Road Allowance (Bond Street) To Sheryl and Stan Zuly, 627 Mill Street South, Newcastle i I I HAN DOUTS /C I RCULATI ONS Application By. Prestonvale Heigh imit d o expand the list of permitted uses at an existing mixed - use plaza . 15 Roswell Drive, Courtice bME l 1 f' I J--I ' �M 1 o ; ®O o 5" 's ..rI • r ao rrr, aE '•�. ,i-ter-{ M N p M � M � s !M I I �ry Existing Two Storey p Commercial f Residential O Building s2WO CO ' ---w---mil �` ac roun �r eti r • Original uses permitted 2007 • Construction completed 2011 • Additional uses requested - 2012 `' e u este ses commercial bank (financial office); A dine- in restaurant (eating establishment); • • and A veterinarian clinic. Plaza 1 � t y 1 l t • No public comments • No Departmental concerns. 'r .. ..i - i E n � 0 000� Existing Two Storey Commerciai f Residential Building DEWELL CR CO 0 d ' 1 111 1al S fff ■ .0�k i� CA �� W •fie Il � � - mpac m About MPAC f� q1 Egli p A Ai MUNICIPAL PROPERTY ASSESSMENT CORPORATION Municipality of Clarington October 15 2012 MUNICIPAL 1y�aC PROPERTY �rJ ASSESSMENT CORPORATION Agenda 0 on ■ • Roles, Responsibilities & Relationships About M PAC Property Assessment Cycle and Notice AboutMyPropertyTM Request for Reconsideration 2012 Assessment Update — Local Trends How to Contact MPAC PROPERTY mpac CoaPOA..,oN ASSES SMENT Roles, Responsibilities m & Relationships rOMMMI�� 14 LI Provincial Government MPAC Passes legislation, sets property tax Establishes current value assessments policy and sets education tax rates and classifications for all properties in Ontario Assessment Review Board Municipalities Independent tribunal that is part of Determine their revenue the Environment and Land Tribunals requirements, set municipal tax rates Ontario cluster which reports to the and collect property taxes Ontario Ministry of the Attorney General and hears assessment appeals from property taxpayers PA L PROPERTY MpaC ASSESSMENT CC)--rr RATI■ About MPAC ■ ■ f Not-for-profit, non-share capital corporation ,f Governed by a Board of Directors Largest assessment jurisdiction in North America MUNICIPAL mpac PROPERTY �rJ ASSESSMENT CORPORATION ■ � � � M PACs Role � Assess and classify almost Y `' � 5 million properties Annual Assessment Roll Supplementary/Omitted Listings (growth) Respond to property taxpayer enquiries Other legislated products : • Preliminary List of Electors • Jury duty lists • Population reports PROPERTY ASSESSMENT mpac CC)RPOA..,oN Current Value Assessment (CVA) 0 Based on open market sales between a willing seller and a willing buyer CVA determined by analyzing actual sales of properties in a given area • Excludes: family sales; power of sale; and foreclosures. mpac CoaPOA..,oN ASSES SMENT Assessment Cycle ■ ■ Update Year Taxation Year(s) Valuation Date 2008 2009, 2010, 2011 , 2012 January 1 , 2008 2012 2013, 2014, 2015, 2016 January 1 , 2012 2012 Property Assessment Notices will be delivered beginning in September this year. a MUNICIPAL PROPERTY � C ASSESS ENT CORPORATION Assessment Phase-In Example ■ ■ Assessment Phase-in Example Property Classification Residential Your Property Value as of January 1, 2012 $360,000 Your Property Value as of January 1, 2008 $300,000 Property's Value Change $ 60,000 Tax Year Assessment 2013 $3157000 2014 $3307000 2015 $3457000 2016 $3607000 a MUNICIPAL � CASSESSMENT CORPORATION Property Assessment Notice Mail-out M PAC will mail Property Assessment Notices to Ontario's nearly 5 million properties a Mail out of Notices will begin in \ September and continue until mid- November New1 , Notices for all Business property s owners will be mailed at the same time in mid-November I r M LJ NI C IPAL pac PROPERTY ASSESSMENT CORPORATION ■ ■ Property Assessment ■ Notice ■ S. 1 ..�..e.....�..a.. Proptrt d�ss�ssrnfnt Notice A,,,s fYt,�llr,dliDl7le019{jtYf Header information _ '.�..::«:���:.:..,o,.. fertlte 2677-2616 pr6pertkr7ax treats Qusauonsi . Tlsosa srrHada yo4rraT nuu6er III II II I I t u7s45rJaca I r l I I I %2%-MAC(615 Call 1&L5 295-MPAC(57231 1$77 M-MPAC(57321 TTY Names > SnITril C09 Monday to Triday-7larntoSp.m. S.ITn EJZ,,.9IFN _ XC'SCAE STREET AA ,ER_-OM1 nr_[r93 Sptember 13 to Norembe,16,2612 .Monday mZriday-asr"`R6p.mL Contact Information 11'cb rrvvn.•.mpaeea paA 1855297{x703 Wrier PA.IIc cAM Toronto,ONM1S5T9 Fitandod load a,iea Hann 4yxk Suik17Q0Roe C.lkru Oshawa Cerdre,Osh- September 25 to 0=ber M 2012 ,Monday to Friday-0a—to6p.m_ 2ryou how arty xrr–ssihility needs,please contact.MPAC Far a Aft.xe. llhnk Property Assessment Notice 9s not a properhr tax 6711. Thedv Wofyour prapwty is used axiha lases For mlm6iihy your propwiy hvr4.VPAC's rata151aaoorralaFr raluaamd daslfy praponws In ernala YaurinrvdpalY.}'.Mcaf ladng authority u rv�oratfa forsottng prnparrytaa Notice Message rWm Anal man6inrrwaado- wtnaotsaaotfymaan7ourpmpar"3.sidliMeroasc F—T—Wwahout your prapsrty taxg,ocraartVm ndpolmy.Txaf Mengauthority.To laamhow.YPA[asao39L•proparUc fw dHalls shout tho-RaoarddamEOn and Approl p�rv,,.�saa the vldosad Inset lFxi dmdlna M flba Hagua2 Far R-.,,id u.rAlh.MPACrertlw 26131styrork Apr97,2013.Fathe Luyna-s 2914b?1$,Ilw daadlhe for%keg Is Harsh 3l eF 9m tm ymr-Firam loop a mpy of UiLIN=.Fa your moor& "'Inumtxr 17 34 557 SW 12375 1234 Property Descriptions PoF W€lo�lon anddma peon }p5p4ES FaET Wh LF FT L:?TSW,1.8811 5 ALL LaT51 i, 4IRWG c Munldpa111y.M1O lladngauthodly R'r,AMNTJd1,501P Assessed,alu®of YOU,property x0,3 PeopartY L11aT- "� Fhrrpartycllssl%catWn P.Idv.1131 Y—ph..,dInassassrncnthas Value/Tax Class Ywoprop•ergYStraluauoflarrwr71.2012 51WIM —,pt]hymmmn%slnratho2012 percentage Change Tourpropart}S'AUO as Anuary 1.2DM $isam0 P f""e3'�. Cr Ls"r pan ,your proper-l•sv ua ng WPA Ttw awraga phasadln. -rant of roddmbal propoVas In your Under[1,2COR and Jan an,202 Urphm".in o-r ab5tarwlL rn kVultty.7ocal mdng authority 21113 by 1,3099a rning)ry1,2P12lsphasadwW1 Fouryua,'= ,.,*by=%Cat uma of 29136o201f.ASwd.91 r pr by S1[hrarlrrhN,.,yilw sarngyour pdnung}shcathe 2612 prnpartyim propwtyassassno-d w,l rharga by ilO,UW oad0 year. year Phased-In Assessment 12oc3'00' S,vo:Ilm9 2917 $290,880 NI S jyQw0 2916 $224{1@0 7 sea a prohlo hxyou r prop arly Sdtoolsupport and compareyourpnpxry rd1 School Support smlaprcpartle In yorarm AboutMyPropertyTm access,,,0 Engd+96ke h a Y6atk7Pop tF at property summ11ry w—b"rn propmy.m Prop-r"Ta 9n.Famiy C%,Akng To rugsb.Faryoura¢ount, F pty re kn F f plw_,P ro p e rty S u m m a ry �h Sapp.W 1oS xo br 9499 M 9P449M Lota—7,50mongarafart AttasskaYl 9BE*g.23s 3 FAAlding-vxSaforsq.lare rootage 2DM sglara kct 0,roll MPAC al MUNICIPAL Year ax5s1rt1C41Rn 3P05 lEfifi 29fsMPAC IfiTII PROPERTY m p a/� ASSESSMENT Ltialrwra4Wu�SimiYNlhAdrmrwr ACt Iffirnlnnaid Maf,CVl.Ya __ CORPORATION Property Assessment Notice ■ ■ 2013 Property tax year Your phased eyve .' ssment has changed b O since the 201 property tax The aver age phased-in assessment of residential properties in your municipalitiry authorit charged ba (at time of printing) s`i property tax gear. This percentage change is for year one (2013) of the four-year phase-in cycle. MUNICIPAL M7 paC PROPERTY �rJ ASSESSMENT CORPORATION ■ ' Property Assessment ■ Notice ■ AboutMyPropertyTM Information ■ To See a profile for your property and compare your property with similar properties in your area free-of-charge, visit .b ut y ro a y" at vvwvv.aboutmyproperty.ca To reg i titer for you r a ccou rit, please eater: Roll number: 99 99 999 999 99999 To access Access key-, 8888 8888 8888 < boutM Pro ert TM Or call MPAC at 1 866 296- P (6722) a MUNICIPAL PROPERTY � C ASSESS ENT CORPORATION MEN AboutMVPropertV TM • www. aboutmVproperty. ca ■ v YOUR PROPERTY. OUR ASSESSMENT. Know more about it_ �{ ; Welcome to AboutMyPropertyTm.Here,you'll learn how and why your propertywas assessedthe way itwas.Plus you can compare your property assessmentwith others in your neighbourhood and community.You can also file a Request for Reconsideration through AboutMyPropertyTm ifyou do not agree with your property's Login to AboutMyP rope rty"I assessment. First time user?Register Now Need Help? Look for your Roll number and.Access key on your 2012 Property Assessment Notice to register.Don't have your notice?Click here! User ID ' Fomot User Id Password Forgot Your Password Terms and Conditions of use Questions? f k If you have any accessibility needs, i please contact us. ' Call 1 866 296-MPAC(6722) ` q 7 Monday-Friday 8:00am-6:00pm N MUNICIPAL _70P PROPERTY ASSESSMENT CORPORATION ■ AboutMVPropertVTM • www. aboutmypropertV- ca Skip to Content I Change Contrast I 5fteAccessibility I FAQ I Contact MRkC I A A A ■ a ASSESSMENT 00 R PC RAT I ON About MyPro p. YOUR PROPERTY. OUR ASSESSMENT. Know more about it. :'elcome to AboutNyProperty"'.Here,you'll learn how and why your property wvas assessed the way it was-Plus you can compare your property assessment with others in your neighbourhood Reconsideration throl Enter The Roll number and Access Ivey located on your Property Assessment Notice. assessment. Roll number. Look foryour Roll num Access key: to register. Forgot User ID Cancel t Your Password Questions? Ifyou have any accessibility needs,please contact us. Call 1 866 296-MPAC(6722) Monday-Friday 8:00am-4:00pm i'o estion s? I Ifyou haVe any accessibility needs, please contact us. Call 1 86 Fv m722) Monday- riday0:00 am-4:0 0pm I 2012 NIP.AC.All Rights Reserved I Privacy Policy I Terms and Conditions of Use I Glossary of Terms M IJ NI CIPAL mpac PROPERTY ASSESSMENT CORPORATION ■ AboutMyPropertyTM • www. abot.atmyproperty. ca ■ P ■ custo I Iizr, i 99 99 999 999 99999 Your Property: 123 Anywhere Avenue Ifyou own more than one property.you will be able to add them to your profile after your account has been created. YOU Kindly complete the following sections..Click on"UPDATE''to proceed. Please complete the missing information Know Welcome Name: demo14 assessed in your net *STEP 1:Chooseyour User f.0 and Password Reconsid assessor User1D. demo2U Lookfory Password: 00009006 to register. Strong o Re-Type Password: 00000009 *STEP 2:Security[question Chaffenge Question: In wh at c ity o r town was yo u r fi rst j o b? Chaffenge Response: Chatham *STEP 3:Add your email address Email: •is.devadason @mpac.ca valid�me�i a:: . Confirm Email: •is.devadason @mpac.ca� Questions? MLINICIPAL r17 pC PROPERTY A ASSESSMENT CORPORATION ■ AboutMVPropertVTM • www. aboutmyproperty. ca (m-p�ac Skip to Content I Change Contrast I Site Accessibility I I My Profile I FAQ I Contact MPAC I Sign OUt A A A ■ ■ AboutMyProperty My MPAC My Notice 1 Item(s) $304,000 34] „t 1: ------------ sax ..".__ 350 My Notice, Most Recent 343 __ 34fi Address ---___ 128 339 362 property Code: 301-Single-Family �x-�_... w ,d,_ 126 detached[not on water: 333 3.36 126 Year Built: 2008 �IBi. irni e ,._.�.. 329 336 Square Feet: 1818 132 Lot Size: 275 M 336 Number 2 25 `I 32s ue Assessed:$304,000 f 160 les IndCcator. 2011 Apr 322 141 316 46 _p...a e.. .... ........,....`....-.. 314 .-....�....-..-- - 152 j-.. ....,........_ 310 156 I51 _ 386 1 -_- 9 3 - 155 .......,....n..,..,.. .302 1 ! //��5_ ]6 - .. - ...,-. ..... L59 ---_-_- ]---- + ----------- -- I66 163 - 16 .,..,.... � 251 1]2 51 --- -. •--........ ro .,.- n-� 246 17 173 57 -- 15 `mmm 286 Isr Anywhere Avenue - - My Neighbourhood 86 6= _181 6 61 Search for properties in your neighbourhood and ------- __ create your customized report. 274 192 --4----- _ 189----__-_- 1359 e 2: + 19fi 193 MU Whatifld€saoreewithmyoronerty i r'- 204 - assessment? 114A BO L. 230 - - - f' �i-:•- MLI NI CI PAL mpac PROPERTY ASSESSMENT CORPORATION No ■ a AboutMyProperty TM • www. aboutmyproperty- ca ■ (m-p-a-c-1 Skip tB CDntent Change Contrast I SfteAccessilbility I Home My Profile I FAQ I Contact M PAC I Sign Out A A A Abut MyProperty My MPAI n My Property My Neighbourhood ■ D S304.000 F9 MONZA rive -I F o Show Explanation LV October 15,2011 Tax Year. All(l) Property Assessment Notice October 15,2011 4 v; Comment Share Property Asse3sment Notice pawl Of 1 1111"IMIA1, TPaC ASSESSMEWr CO�PORATIQ� Property Assessment Notice !Ce .......pi—ir'i. Avis d'dvaluadon fand6re for the 2012 property tax 7year Questions? Please hwhi&your roff number with your enqu1q. Call 1 866296r-M PAC(6722) 1 877889-M PAC(6722)TTY Wndayto Friday-8ain to 5 pm- Web www-rkipacca Fax 1&66297-6703 Write P-O.Box 9808,Toronto,ON M1S5T9 Visit 108 Nowherest,Unit A,Nowhere City Mondayto Friday-8a-rn-to 430 arn. If you h"'e a ryaccess r bity need4 please contact M PAC fo r ass i ta nce. This Prop e rty Assess me nt Notice i s not a p rop e rty tax bill. The assessed va I ue of your pro perty is used as the basis for ca Icu lati nq your property taxes.IMPACs role is to accurately va I ue-a nd class ify pro perties i n Ontario.Yo ur rn unici pal ity/loca I tax ing a utho rity is res pons ible fo r setting property tax rates-An assessment increase does not necessarily mean you r property taxes will increase.Fo r q uestio ns a bo Ut yo ur pro perty taxes,co ntact yo ur rn un ici pad itW IDfa I tax inga utho rity.To learn how MPAC assesses properties o r for ilsabout the R"on s id eratio n a nd Ap peal processes,see the enclosed i risert.The dead I i ne to fi le a Req uest for Reco nsderatio n with V PAC for the 2012 tax year is April 2,2012,Please keep a copy of this Notice for Y10 ur records. Rol number 25 18 0(13(110 01519 00011 Property locaton and description 69 MOWA DR Beta PLAN 62M 1096 LM 119 000"001� MUNICIPAL ( MpaC PROPERTY ASSESSMENT CORPORATION ■ AboutMyPropertyTM • www. aboutmyproperty. ca ■ (m�p�ac Skip to Conterit I Clhange Contrast I Site Accessibility I Home I My Profile I FAQ I Contact M PAC I Sign Out A A A My Properly My Neighbourhood ■ F691 MONZA. Show Explanation V My Property Profile Report c�t) 6)OpenlPrint What if I disa ree Expand All I Collapse All H Property Information Roll Number rpls this iInformation correct? ,/Yes No Street Number 4 You can correct information that you believe are wrong. Street Name MONZA f Legal Description PLAN 62M 10%LOT'119 - You verified your data on:August 16, Property Code Description 301-Single-family detached(not Dn water) 116 -•• HDmagenems Neighbaurhand S05 12D Address: 69 MOH7A❑rive H Valuation Property Code: 301-Single-Family IN — detached(.not on water) Current Value Assessment $304,000 126 Year Built: 2008 Realty Tax Classes RT3304,000 - -�W. Square Feet: 1818 Returned Base Year 2008 32 Lot Size: 275 M 5 Humber of Storeys: 2 [+] Sale Information Current Value Assessed:$304,000 H Site Information sales Indicator: 2011 Apr Effective Frontage 11 Effective Depth 25 Frontage 11 + + - Depth 25 j _._I51 73 Site Area 275 --- ass ]8 2 Effective Site Area 275 Unit of Measure M r Ls3 ------------ Effective Unit Df Measure M w] s1 Hydro Hydro available --�+� - L 'f Ir V 173 57 Sanitary Municipal -----__ _: Water Municipal -in sa v/ 1 MUNICIPAL mpac PROPERTY ASSESSMENT CORPORATION ■ AboutMyPropertyTM • www. abotitmyproperty. ca ■ Request for Property Information Main Structure The most current MPAC data on file for your property is displayed in the left column below. Please mark any items that are incorrect by choosing'In cc rrecr from the corresponding select menu and provide the updated information in the field provided on the right side ofthe page. f data is incorrect,please update information below. Year6ui[t: 2001 Correct - r• Full Storeys: 1 Co ect - 1 storey Part Storeys: No part storey Correct - 114 st rey Split Level: Correct - Back Split Total Area(sq.fI 1086 correct - sq.fL(exterior) 1stFloor(sq.ft.: 10815 Correct - sq.fL(exterior) 2nd Floor ft f.k Correct sq.ft.(exterior) Upper Floor(sq.fQ Co ect sq.R.(exterior) r. Basement Area(sq.IFL}: 1088 Correct sq.R.(exterior) Basement Finished Area sq.fl.(in terior)C 0 Co ect - 114 finished Basement Finished Type., Correct s Recreation Room Cate finished Bathroom r- FullBathrooms: 2 Correct I 1 Catefinished Half Bathrooms(no tub orshower): 0 Correct 1 r• Bedrooms: 2 Co ect 1 IN Fil Fill Primary Heating System: Forced Air correct - Forced Air{oil,gas,el- CentralAirConditioning: Y JYes Fireplaces: 0 Correct - 1 rr—i ■ AboutMVPropertVTM • wwwl.aboutmyproperty. ca Skip tD CDritertt I Change Ci)ntrast I Site Accessibility I Rome My profile I FAQ I Contact MPAC I Sign Out A A A ■ ■ Neighbourhood iii Shaw Explanation LV 69 M0NZA Drive 1341 BASELINE... 112 L10NTREAL... 2331.10 NTREAL... 2961.10 NTREAL-.- My Properties of lnterest(23)24}� CVA:S364,ff66 V4:01121H. Search Pro e I Residential Condo r ,000 $IVA$ 5,66 frr fr N41ifo 0 St ;1VA 536,66 1 ,r A$ELINE � � 1 4 M o♦? M1 }f } C \ce Rd BASE - �- V L 1355 crftle _ �e isoB � ILDOKA6L]l Mao-Leaend rF r Rights Reserved I Pnvacy Policy Terms and Conditions of Use Glossary ofTerms Requestfor Reconsideration MUNICIPAL mpac PROPERTY ASSESSMENT CORPORATION ■ AboutMyrPropertVT M • www. aboutmyproperty. ca Skip to Cwlterit I Cliange Cl)ntrazt I Site Accessibility I Rome My Profile I FAQ I Contact M PAC I Sign OUt A A A ■ ■ rtyTIN My MPAC My Notice My Propeft l+feigh6ourhoa $304,000 Show Explanation V Sales(14) Y 69 ldONZA Drive 31 100NZA Drive 27 M0NZA Drive 23 10 0 NZA Drive 09 FIFTY Road M U 1 W CWA:S3Q4,Q4Q CWA:S355,440 011A:54 f,44Q PINA411,Q44 illA:53:.&,40Q ea Rra a Residential Condo 83 saa �i Q1 ue 45 546 Address: 165 HALIFAX Street 4i - - di � Property Code: 301-Single-Fdmily s1 a detached not on water 5" 37 Year Built: 2004 57 -_ Square Feet: 2998 7 Il 15 S Q 11 33 Lot Size: 5971 F QHumber of Storeys: 2 Current Value Assessed:$418,000 ----_. - a 1 ---- Sales Indicator: Na valid sa @es wiffiin --- ylast 5 years Q) 115 12 115 � I2 Ifi Add w w PROPERTIES OF INTERE6l? 20 119 s3a 137 141 145 i27 149 143 147 - .. 173 136 177 Ii: =5 139 SPRD 057=0 85 S . 163 ISB -- 524 1zX3 O KA IB QA Mar,Leoend n J° '� 2D12MPAC.AJI Rights Reservedl Prwacy Policy Terms and ConditJons e d MUNICIPAL M paC PROPERTY ASSESSMENT CORPORATION No ■ a AboutMyPropertyTM • www.aboutmyproperty. ca ■ •• _ My MPAC My Notice My Property our ■ - 11 Show Explanation Add more pro properties or to make changes 7 tothls Report, My Properties of Ir.erest CW4) click hereto return to Map CVA:3152000 A SA:S116000 "A:371000 View. 7.9y Properties of Interest Report -1 91 �Op2nlPrinl Roll Number 3754096040-09520 3754-09-0000095-0-0 3754690660 III 900 Street Number Street Name Legal Description CDN NTR PT LOT 222 PT _ CON NTR PT LOT 282 PLA"1421 LOT 2 SLK 75 RP 12R-18888 PARTS 10,41,99 Property Cnde and Description 3G9-Freehold 301-Single-family 301-Single-family detached(not TownhoumYRowhocse detached(rot on water) on water) Homogeneous Neighbourhood 650 C5Q -- Cm Valuation Current A�ment Value 3 152(3(3(3 $116000 $71000 Returned FIR Year 20-08 2608 2-005 Sale Sale Date 2(311 Apr 2004 May 20-01 Dec Sale Amount $128006 $119500 S1 A—ment To Sale Ratio 1.188 1.0786 0 Site Effective Frontage 24 50 50 Effective Depth 87 125 1041 Effective Site Area 2088 8250 5-000 Site Area 21178 825-0 woo Structure Year Built 2001 192-0 1950 F 2012 NIPAC.All Rights Reserved Privacy Policy Terms and Conditions of Use Glossary ofTerms Request for ReCDnsideration 14-1141 C IPAL M ac PROPERTY ASSESSMENT CORPORATION No ■ a AboutMyPropertyTM • www. aboutmVproperty. ca AbID13thlyproperty'. My MPAC My■ Notice(,em�pa c Skip ti)CDritent I Change CDntrast I SrteAcce&sibilfty I Home I My Profile I FAQ I Contact M PAC I Sign OUt A A A e•-rty My NeIghbourhood ■ � $304,000 Submit Your Request for Reconsideration Click h ere fora printable version of th is form.Pour la version fra n ca i s e.cl i n u e z i c i. The Municipal Property Assessment Corporation[MPAC]is responsible for accurately classifying andvaluing all properties in Ontario.Ifyou feel thatyour property assessment is no reasonable reflection ofyour property's value andfor classification as ifJanuary 1,2008,you can ask us to reviewthem by completing this on-line form.You do not have to payforthis review.Your privacy is protected underthe Municipal Freedom oflnformation and Protection of Privacy Act. Our review ofyour propertys value will be completedwithin 10 to 12weeks.Ifwe need more information from you or more time to complete the review,we will contadyou.When the review is complete,we will send you a letterto give you the results ofthe review.The deadline to submit a Requestfor Reconsideration is indicated on your Notice.This is 90 days from the submission date. You can review the value of properties in your area by visiting the'My Neighbourhood'tab in this website.You can select up to 24 properties of interest(POIs)and view detailed prope information.These may assistyou in determining ifyour assessment is reasonable foryour neighbourhood. Ifyou need any help in completing this form,please call our Customer Contact Centre at 1 866 296-6722 orforthe hearing impaired,call 1 877TTY-MPAC. 2011 Property Assessment Notice Deadlin Section 1:About Your Property Roll Number. Property Address*. Mun-rapalily'. Owner t{Last Name,First Hamey'. Owner 2{Last Name,First Name}. Home Phone Number Alternate Phone Number. Ema-d Address': tf we should send follow-up information somewhere otherthan the property address,please indicate below., M LI NI C IPAL MpaC PROPERTY �rJ ASSESSMENT CORPORATION Request for Reconsideration ( RfR) P MJMIC9ML - RfR available for all property p� aC Fl1 R.:0Z Request for Reconsideration !�� Ci K��cuewscnr � eattloA tirltyrr (For Residential Properties) ■ 2013 owners or their authorized Section 1:About your property - representative — no filing fee Darer t(LaFl rare,FM tatre) UrM 2{tat tJalr*-Fllst tone] Mandatory first step for mmepnorrerimbff ivsvteprmenEW ens- If we should send fm 11 ow-up inPonnatimn somewhere other than the property address,please indicate below. residential, fa r m and wstrg edy� managed forests property VWhat is your pmpert}rs value on January 1,2012 as shown on YMr s Propeerty Rssessmerd Notice orArnended Property Assessment Notice? classes Section 2:Reasons for reconsidering your property's assessed value Please provide specific re asons as to why you would like us to review your assessment,as required under Section 39.1 of the AasessmantAct.Use a second sheet cf paper fi necessary. Not mandatory for all other property classes, but it is available Section 3: Supporting documentation attached Filing deadline for 2013 Please indcate it you will! rm he pviding arty docu men t or phuUMPUphs to su pport your request ❑❑Photos of this property i s April 1, 2 013 Photos of similar progenies ❑Sale information fmrthis property and other similar properties ❑Assessed value of similar properties reports ❑Other docu merits,such as the municipal inning records w health unit re ports M U N I C 1 PA L (OMM"Mft�paC PROPERTY ASSESSMENT CORPORATION NONE 2012 Assessment Update ■ Market Snapshot — July 2012 ■ mpac MarketSnapshot July 2012 ■ ONTARIO RESIDENTIAL SALE PRICE INDEX 140 X 130 January 1,201 c 117 �? 120 January 1,2Q08 110 100 ns 1 G0 C4 ,Jan 21007 Jan 2008 ,Jan 209+9 Jan 2010 Jan 2011 Jan 2012 ,tan 2013 MPAC's Residential Sale Price Index measures average sale price trends lrn the province for all residential properties_ MPAG's benchmark is January 1,2008-the legislated valuation data for OntarVs last province-wide Assessment Update_ For example, if a property sold for$350,0DO on January 1, 2000 then,on average,the average sale price of that property on January 1,2012 would be 5409,500-an increase of 174'0_ MUNICIPAL _700 PaC PROPERTY ASSESSMENT CORPORATION 2012 Assessment Update ■ Municipality of Clarington ■ Average Change for Residential and Farm Tax Class 31.6 35% 30% 25% 20% 15% 11.6 7.9 10% 2.5 5% 0% Residential Phase In Farm Phase In a MUNICIPAL PROPERTY PaC ASSESS ENT _7 CORPORATION 2012 Assessment Update ■ ■ Average Change by Residential Property Type 0.14 0 0.12 9.6% 9.4% 0.1 6.8 0.08 0.06 0.04 0.02 7 0 - re; �o `CoQ ¢off Q` MUNICIPAL PROPERTY (mpa c ASSESSMENT CORPORATION Farmland Valuation 0 Based on open market Farmer to Farmer sales Farmer to Developer sales not used in analysis to determine farmland values Increased demand and competition for farmland PROPERTY mpac CoaPOA..,oN ASSES SMENT outreach Initiatives ■ ■ Brochures including : - � • About MPAC • Residential ' r • Farmland • Small Commercial WN . - . .: and Industrial • Recreational Waterfront • AboutMyPropertyTm MUNICIPAL r p PROPERTY �rJ ASSESSMENT CORPORATION Contacting MPAC y=our Convenient Ways ■ pho"ZI we bs i to 1 866 296-6722 www.mpac.ca ✓ get answers to TTY ' commonly asked questions 1 877 TTY-6722 ✓ forms and info or through Bell about assessment Relay Service ✓ links to the ARB and the Province of Ontario i r oers# _. visit one of our 33 convenient _ locations across 1 866 297-6703 Ontario a MUNICIPAL � C ASSESS ENT CORPORATION October 15, 2012 General Purpose and Administration Committee Members The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Re: Lease of closed road allowance (Bond Street) to Sheryl and Stan Zuly Dear Mayor Adrian Foster, Regional Councilors and Regional staff members, I would like to thank the Mayor, council members and staff for the quick response and investigation into my request regarding the above stated lease given the position we are in regarding moving the building of our future home forward. As per the council meeting on Monday September 17, 2012 I respectively request that the lease entered into between the Corporation of the Municipality of Clarington (Municipality) and Stanley Valentine Zuly and Sheryl Dianne Zuly (Zuly's) not be allowed to continue after May 9, 2013 which as pointed out by the staff report is within the Councils right to do. The discontinuation of the lease as of this date will line up with the construction and moving into our home at 16 Boulton Street. Please see Schedule"A" for location of road allowance and current location of the garden in question - Bond St-highlighted in orange. My family is very excited and proud to own property in the Bond Head area. We are excited to build our family home and to that end have spent time beautifying and cleaning up both our lot and public owned lands from pre-existing rubbish and hazards. Byway of background: Fall 2010 -We purchased our lot- 16 Boulton Street- Please see Schedule"A"- Love's Property March 2011 - My family cleaned up our lot and public owned lands April 2011 -Approached by the Zuly's after the clean up was completed and requested by the Zuly's that we agree to have a garden on the public owned land-please see Schedule "A" - Bond St-highlighted in orange. We expressed our wishes to leave the land alone and not have a garden to maintain our privacy. At the time we also believed it was not our right to discuss this, as it was not our land to make such decisions regarding. April 2012 -We began the planning stage to begin the building of our home. Early Summer 2012 -We became aware of the garden that was planted on the above stated public owned land highlighted in orange. July 2012 -We contacted the Municipality to learn that a lease had been entered into between the Zuly's and the Municipality allowing a garden to be planted on location-see Schedule"A" - i I Bond St-highlighted in orange. We halted the planning/building process of our home until a resolve on this matter could be reached. I stand before you not in opposition of community gardens and even the importance of family gardens such as the one being discussed. In fact, my family has invested in a significant amount of community garden space to support the local community and to support the needs of the less fortunate with the food grown in the garden. I submit to council the most recent article from the Whig Standard newspaper from Kingston, Ontario where my family has donated significant time,land and financial resources to support such endeavors. The difference between the garden located on the Bond St location and my own family garden commitments is that this garden is in my visual backyard and an intrusion on the privacy in which,when I purchased the land was of key importance to me. As previously stated, I respectfully request that the Zuly's plant their garden on their own property- see Schedule"A" -highlighted in pink. As outlined the land owned by the Zuly's is large enough to support a garden for their purposes. But if Council is not agreeable to canceling the lease and the Zuly's insist on not having the garden on their own property, in the spirit of being neighourly and coming to a resolve in this matter I respectfully suggest that the Council consider changing the location being leased to the Zuly's to a portion of the Manvers Street road allowance. The proposed location to be leased to the Zul 's is hi hli hted in ellow and denoted "Proposed New Location" on Schedule A. This land is just as accessible to the Zuly's as it backs onto their existing property. This will accomplish the wishes of the Zuly's to have a garden off of their own property but still meets the privacy, appearance and nuisance concerns that we have. I believe this would be a fair compromise that would address the concerns and wishes of all the parties involved. In closing, I would like to add that what attracted us to the 16 Boulton Street property and the main reason we invested in this location was the privacy borne to us due to the property owned by the Muncipality on 2 of the 3 sides of the property. In addition,the streetscapes in this area are simply beautiful. It was our intention to stay in keeping with the existing look and feel of the landscaping/property line definition that currently exists which is accomplished by trees and natural vegetation. I believe that we should not be forced to take a different course of action that is more costly and not in keeping with the existing streetscape to accomplish our privacy goals. I again request that you not renew the lease with the Zuly's for the Bond St location for their garden on Schedule "A" highlighted in Orange. If the Zuly's insist on wanting a garden off of their property, please consider my request to simply move the location of the garden as outlined on Schedule"A"highlighted in Yellow. Thank you for your time and consideration in this matter. Regards, Catherine Love - 16�)pZ38 �,b)9PS8 1b�Spp)9 . 1 S,OS S,40S{{ 16d'7�9 pro O�C{$SSOtS Y; t o ' �\ '01"0,00 0041 CaZ� 0 r ..2 SaS51 �T�rarlett 0 17 M 51 68 as 102 metres May 6,2011 Protected by Copydght. May not he reproduced Wthout perm!sslon.Tlils map was ccmpfed using plans and documents recorded In tho Land Registry System and has been prepared for property indexing purposes only, This is nota Plan of Survey, For actual dlntenslons of property boundados,see recorded plans and documents. Teranet Customer Service Centre. 1-800-208-5263(Toronto;416360-1190)