The URL can be used to link to this page

Home My WebLink About03/18/2013GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: March 18, 2013 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 February 25, 2013 4 -1 5. PUBLIC MEETINGS (a) Application to Amend the Official Plan and Zoning By -law 84 -63 5 -1 Applicant: Valiant Rental Inc. Report: PSD- 016 -13 (b) Application to Amend the Zoning By -law 84 -63 Applicant: Joanne Barchard Report: PSD- 017 -13 5 -3 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1 List) (a) Shirley Crago Regarding the Renaming of a Portion of Solina Road (b) Shirley Crago Regarding the Clarington Waterfront 7. PRESENTATIONS None 8. PLANNING SERVICES DEPARTMENT (a) PSD- 016 -13 To Permit a Drive - Through Facility Accessory to a Bank 8 -1 Applicant: Valiant Rental Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 G.P. &A. Agenda - 2 - March 18, 2013 (b) PSD- 017 -13 Application to Amend the Zoning By -law to Prohibit 8 -18 Residential Uses on Agricultural Land as a Result of the Severance of a Surplus Farm Dwelling Applicant: Joanne Barchard (c) PSD- 018 -13 Applications to Amend Oshawa Zoning By -law 60 -94 and 8 -28 Approve Proposed Draft Plan of Subdivision Applicant: 1494339 Ontario Limited (d) PSD' 019 -13 Heritage Incentive Grant Program 8 -35 (e) PSD- 020 -13 Application for Removal of Holding Symbol 8 -44 Applicant: Aldergrove Estates Inc. (f) PSD- 021 -13 Applications to Amend the Clarington Official Plan and for 8 -49 a Proposed Draft Plan of Subdivision to Create 42 Single Detached Dwelling Lots Applicant: West Diamond Properties Inc. 9. ENGINEERING SERVICES DEPARTMENT (a) EGD- 010 -13 Execution of Agreement with the Region of Durham Health 9 -1 Department to Delegate Responsibility for Administration and Enforcement in Respect to Sewage Systems (b) EGD- 011 -13 Monthly Report on Building Permit Activity for 9 -13 February, 2013 (c) EGD- 013 -13 St. Stephens Estates Subdivision Phase 2 Stage 1 B, Plan 9 -20 40M -2048 (Part of) Bowmanville `Certificate of Acceptance' and 'Assumption By -jaw', Final Works including Roads and Other Related Works 10. OPERATIONS DEPARTMENT (a) OPD- 007 -13 Pitch In Week 2013 10 -1 (b) OPD- 008 -13 Darlington Baseball Field . 10 -7 11: EMERGENCYAND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT (a) CSD- 003 -13 . Day of Mourning Ceremony 12 -1 G. P. &A. Agenda -3-. March 18, 2013 13. - MUNICIPAL CLERK'S DEPARTMENT (a) CLD -011 -13 Appointment to Samuel Wilmot Nature Area Management Advisory Committee (b) CLD- 012 -13 Appointments to the Sustainable Clarington Community Advisory Committee (c) . CLD- 013 -13 2014 Municipal Elections 14. CORPORATE SERVICES DEPARTMENT (a) COD - 002 -1.3 RFP2012 -9 General Contractor and Trade Registry (b) COD- 007 -13 Purchase of a Pre -Built Aerial Truck (c) COD- 008 -13 Co -op Tender C2013 -004 Asphalt Registry Hot Mix, Cold Mix & High Performance Cold Mix 15.' FINANCE DEPARTMENT (a) FND -004 -13 Mayor & Councillor's Remuneration and Expenses for 2012 16. SOLICITOR'S DEPARTMENT See Confidential' Reports 17. CHIEF ADMINISTRATIVE OFFICE (a) CAO- 003 -13 Interim Report on Strategic Priority: "Connecting Clarington" 18. UNFINISHED BUSINESS None 19. OTHER BUSINESS .20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS (a) LGL- 003 -13' 173 Baseline Rd. Bowmanville Superior Court File No. 128/09 Robinson v. Municipality of -Clarington et al. 13 -1 13 -4 13 -9 14 -1 14 -18 14 -22- 15 -1 17 -1 G. P. &A. Agenda - 4 - March 18, 2013 (b) Confidential Newcastle Recycling Ltd. Handout 2011 Superior Court Application Part of Lot 12, Concession 3, former Township of Clarke 22. ADJOURNMENT QuJing !ke Wuy General Purpose and Administration Committee Minutes February 25, 2013 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 25, 2013 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 arrived at 3:35 p.m. Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Manager, Transportation & Design, L. Benson Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Manager of Internal Audit, C. Carr Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Partner declared a pecuniary interest in Report CLD- 007 -13, regarding amendments to the Responsible Pet Owners By -law and Kennel Licensing By -law. Later in the meeting, Councillor Novak declared a pecuniary interest in the Veridian matter- under New Business. - 1 - 4 -1 General Purpose and Administration Committee Minutes February 25, 2013 ANNOUNCEMENTS Councillor Novak announced the following upcoming events: • Ribbon Cutting for Ultimate K9s in conjunction with Purple Day for Epilepsy on Saturday, March 2, 2013 at 2836 Holt Road, Courtice. • Bowmanville Kinsmen Pig Roast on Saturday, March 2, 2013 at the Newcastle Town Hall. Councillor Partner announced the following upcoming events: Grand Opening of Specialty Wealth and Financial on Tuesday, February 26, 2013 on King Avenue West, Newcastle. Apres Ski Party with live music by the Stone Sparrows on Saturday, March 2, 2013 at Brimacombe. Councillor Woo announced the Grand Re- Opening of Trade Tech Industries, as a drop -in format on Tuesday, February 26, 2013 and Wednesday, February 27, 2013 at 175 Lake Road, Bowmanville. Councillor Hooper announced the Grand Re- Opening of the new M.P., Erin O'Toole's office on February 19, 2013 at 54 King Street East, Suite 103 of the Balmoral Inn at the corner of King Street and Division St., Bowmanville. Councillor Hooper thanked volunteers and staff for a successful Heritage Week, which ran from February 16 to February 24, 2013. Mayor Foster announced the following: • March 1, 2013 is the deadline for submitting Municipality of Clarington Community Grant applications. • Winter Wonderlearn was successful, with 700 families attending. He thanked Staff for their efforts. • The 1St Annual Gala for the Arts was successful. He thanked Staff and volunteers for their efforts. -2- 4 -2 General Purpose and Administration Committee Minutes February 25, 2013 MINUTES Resolution #GPA- 124 -13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on February 4, 2013, and the minutes of the Special meeting of the General Purpose and Administration Committee held on February 8, 2013 be approved. CARRIED SUSPEND THE RULES Resolution #GPA- 125 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Rules of Procedure be suspended. CARRIED Resolution #GPA- 126 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Denise Veale's presentation be considered at this time. CARRIED PRESENTATIONS DENISE VEALE, PUBLIC HEALTH NURSE, DURHAM REGION HEALTH DEPARTMENT, PRESENTING A HEALTHY WORKPLACE AWARD — GOLD LEVEL, TO THE MUNICIPALITY OF CLARINGTON'S EMPLOYEE WELLNESS COMMITTEE IN RECOGNITION OF EFFORTS TO PROMOTE CANCER SCREEN AWARENESS IN THE WORKPLACE Denise Veale, Public Health Nurse, Durham Region Health Department, presented a Healthy Workplace Award — Gold Level, to the Municipality of Clarington's Employee Wellness Committee in Recognition of Efforts to Promote Cancer Screen Awareness in the Workplace. She explained the importance of a healthy workplace. Several members of the Employee Wellness Committee were in attendance and accepted the award from Ms. Veale. -3- 4 -3 General Purpose and Administration Committee Minutes February 25, 2013 SUSPEND THE RULES Resolution #GPA- 127 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT the Rules of Procedure be suspended. CARRIED Resolution #GPA- 128 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT Danielle Nettleton be added as a delegation, regarding Report PSD- 015 -13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan, to the end of the delegations listed in the Agenda. CARRIED Councillor Woo chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application for a Proposed Official Plan Amendment and Zoning By -law Amendment Applicant: Forrest Group Report: PSD- 013 -13 Tracey Webster, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Greg Balson, local property owner, spoke in opposition to the application. He stated that he currently has a drainage issue which he has discussed with the applicant. Mr. Balson stated that he is not opposed to the application but has concerns with the drainage, the height of the project, and the setbacks. Evelyn Heard, local resident, spoke in support of the application. She stated that she will be downsizing her house shortly and informed the Committee that the area has a shortage of senior's apartments, which she hopes this application will address. Glen German, local resident, spoke in opposition to the application. He stated that he is in support of the building, but is concerned about traffic and parking. 4 °4 General Purpose and Administration Committee Minutes February 25, 2013 Libby Racansky, Clarington resident, spoke in support of the application. She stated that she felt that, as long as the residents' concerns were addressed, the concept of more senior's housing is worthwhile. Chris Bobyk, on behalf of the applicant, The Forrest Group, made a verbal and PowerPoint presentation, to accompany a handout, to the Committee regarding the application. He provided the Committee with background on The Forrest Group, examples of Forrest Group Retirement communities, and the proposed Bowmanville . Retirement "age in place" development. Mr. Bobyk also explained the planning analysis in support of the application, the economic benefits, and the impact of the proposal on seniors. SUSPEND THE RULES Resolution #GPA- 129 -13 Moved by Mayor Foster, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow Mr. Bobyk to speak for an additional two minutes. CARRIED Mr. Bobyk added that The Forrest Group has not had an opportunity to address the recent Engineering Services Department's concerns, but that he is confident that they will be able to address the concerns as the project moves forward. (b) Subject: Application for a Proposed Official Plan Amendment and Zoning By -law Amendment Applicant: EFS Investments Inc. Report: PSD- 014 -13 Paul Wirch, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Libby Racansky spoke in opposition to the application. She stated that she is fully in support of Central Lake Ontario Conservation Authority's position regarding natural drainage. Ms. Racansky stated that she is opposed to the following uses: day nursery, dry cleaning, Laundromat, and medical or dental clinic as these businesses exist near the development site. She suggested that an appropriate use would be senior's housing. -5- 4 -5 General Purpose and Administration Committee Minutes February 25, 2013 Chad John - Baptiste, MMM Group Ltd., on behalf of the applicant, EFS Investments Inc., made a verbal and PowerPoint presentation to the Committee regarding the application. He stated that he is in support of the recommendations, except for the modifications as outlined in his handout. Mr. John - Baptiste explained that the reason for the requested zoning changes is to increase the ability to lease the building. He agreed that -the access will remain "auto- centric ". Mr. John - Baptiste explained that there is a large surface parking area and therefore requested that the reference to "within existing buildings" and "within the existing buildings" in the Official Plan Amendment (Purpose and Actual Amendment, Section 1) be removed as he asked that it be applied to the entire site. He requested that the "Eating Establishment, Drive -In" be removed from the Official Plan Amendment (Section 1) as it is not requested, but that "Eating Establishment, Take -Out" could remain. Mr. John - Baptiste explained that, when the application was initially submitted, it was requested as a C5 to C2 change, but Staff has suggested a C1 zone. He noted that there are some uses, such as supermarket and shopping centre which should not apply, but he would ask that the following be considered: Nursing Home, Printing or Publishing Establishment, and Service Shop, light. Mr. John - Baptiste explained that Staff has proposed the elimination of a Drive - Through Facility, but he urged the Committee to allow a Drive - Through as he believes that, with appropriate landscaping, a Drive - Through could be accommodated perhaps for a bank kiosk. He noted that the owner has met with the Central Lake Ontario Conservation Authority (CLOCA) regarding the erosion hazard, but he requested that the erosion access area be permitted to allow for a driveway. RECESS Resolution #GPA- 130 -13 Moved by Mayor Foster, seconded by Councillor Novak THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:00 a.m. Mayor Foster chaired this portion of the meeting. M 4 -6 General Purpose and Administration Committee Minutes February 25, 2013 DELEGATIONS DELEGATION OF ANDREA TRAYNOR REGARDING REPORT PSD- 015 -13, CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN PLAN - - Andrea Traynor, area resident, was present regarding Report PSD- 015 -13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. She made a verbal presentation to accompany a PowerPoint presentation. Ms. Traynor informed the Committee that she is concerned about the health impact of air pollution from buses as a result of the George Reynolds Drive extension from Courtice Road to Harry Gay Drive. She provided the Committee with statistics regarding the effects of diesel fuel exhaust on health and trees. Ms. Traynor suggested that a bus stop at Nash Road and Harry Gay Drive would be acceptable as an alternative. She stated that the walking distance expectation of the school board is 1000m and therefore this should be consistent with Durham Region Transit's expectations. She suggested the following projects as an alternative to extending George Reynolds Drive: • Much needed road improvements and a sidewalk on Hancock Road • A sidewalk on Nash Road that extends from Harry Gay to Hancock • Beautiful neighbourhood lighting • Picnic tables for the new park • Bleachers for the new soccer field • Improvements to Clarington.net • Subsidies for children's activities Ms. Traynor informed the Committee that only two area homeowners refused to sign the petition against the George Reynolds Drive extension, including a bus route. DELEGATION OF STEVE KREZANOWSKI REGARDING REPORT PSD- 015 -13, CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN PLAN Steve Krezanowski had informed the Municipal Clerk's Department, prior to the meeting, that he was unable to attend. -7- 4 -7 General Purpose and Administration Committee Minutes February 25, 2013 DELEGATION OF MARK PIEL REGARDING REPORT PSD- 015 -13, CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN PLAN Mark Piel was present regarding Report PSD - 015 -13, Clarington Official Plan- - Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Piel was present on behalf of his clients, Mr. John D. Tepelanas and Mr. John J. Tepelenas, area residents, and made a verbal presentation to accompany a PowerPoint presentation and handout. He asked that the Committee refuse to recommend to Council the adoption of Official Plan Amendment (OPA) No. 80, as recommended by Planning Staff in Report PSD- 015 -13, and he further asked that Planning Staff be directed to meet with his clients to further discuss the proposed amendments as it relates to his clients' property. Mr. Piel provided the Committee with background regarding his clients' property. He stated that he is concerned that the OPA removes the property's existing land use permissions without a good land use planning rationale and that the policy does not provide sufficient clarity regarding the future development of the property. The details of Mr. Piel's concerns are contained in the handout, his letter dated February 22, 2013. DELEGATION OF LINDA REID REGARDING REPORT PSD- 015 -13, CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN Linda Reid, area resident for 45 years, was present regarding Report PSD- 015 -13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design. She informed the Committee that she is concerned about the Provincially Significant Wetland designation on her property. Ms. Reid believes this will devalue her land. She stated that she is concerned about a proposed trail through her land. Ms. Reid noted that her family has a horse training operation which will be significantly impacted by the proposal for the neighbourhood. She explained that her property is a serviced property and does not have wetlands on the property and therefore the Provincially Significant Wetland designation does not apply. Ms. Reid stated that she does not feel that her property should provide the green space for the neighbourhood. She does not object to the extension of George Reynolds Drive. General Purpose and Administration Committee Minutes February 25, 2013 DELEGATION OF LIBBY RACANSKY REGARDING REPORT PSD- 015 -13, CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN - - - Libby - Racansky was present regarding Report PSD- 015 =13, Clarington- Official - Plan Amendment to Implement a Revised Hancock Neighbourhood Design. She made a verbal and PowerPoint and video presentation to the Committee regarding the application. Ms. Racansky noted that she had submitted her seven questions on a handout. She explained that nature may help curb depression, help improve memory, and improve quality of life for the residents. Ms. Racansky stated that she is concerned about the decrease in the amount of trees due to development and the impact of the green emerald ash borer. To that end, she requested that developers donate land as a buffer and provide fencing to protect private properties. Ms. Racansky explained that the extension of George Reynolds Drive will remove five acres of trees. She objected to the construction of a third retaining pond. Ms. Racansky stated that she objects to the extension of George Reynolds Drive as it does not benefit the residents. She stated that overland runoff was not accommodated and the road quality was not considered in the design plan. Ms. Racansky added that she is also concerned about the impact on the local flora and fauna, including rare species. She requested that the developers, Anderson and Munson, contribute financially to assist in the rehabilitation of the Hancock watershed. Ms. Racansky stated that she believes the changes proposed by Staff are major, not minor as stated in Report PSD- 015 -13. She added that Hancock Road is in dire need of repair. DELEGATION OF DANIELLE NETTLETON REGARDING REPORT PSD- 015 -13, CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN Danielle Nettleton was present regarding Report PSD- 015 -13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design. She stated that she represents over 160 children in the area. Ms. Nettleton explained that she is concerned about opening up the subdivision as it exposes the residents to the potential for increased crime. She stated that she is also concerned about the safety of small children as part of the extension of George Reynolds Drive and the increased traffic. Ms. Nettleton stated that her neighbours do not object to walking to a bus stop further away. In conclusion, she stated that there is no need to open up the road and to add a bus route on the road. M 4 -9 General Purpose and Administration Committee Minutes February 25, 2013 SUSPEND THE RULES Resolution #GPA- 131 -13 - Moved -by- Councillor Neal, seconded by Councillor Hooper - - - -- THAT the Rules of Procedure be suspended. MOTION LOST RECESS Resolution #GPA- 132 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the Committee recess for lunch until 1:00 p.m. CARRIED The meeting reconvened at 1:00 p.m. Councillor Woo chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT APPLICATIONS FOR AN'OFFICIAL PLAN AMENDMENT AND REZONING TO PERMIT THE DEVELOPMENT OF A 155 UNIT, 5 STOREY RETIREMENT RESIDENCE AND A 104 UNIT, 7 STOREY SENIOR'S APARTMENT APPLICANT: THE FORREST GROUP Resolution #GPA- 133 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD- 013 -13 be received; THAT the applications to amend the Clarington Official Plan and Zoning By -law 84 -63 submitted by the Forrest Group to permit the development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 7 Storey Senior's Apartment continue to be processed and that a subsequent report be prepared; and THAT all interested parties listed in Report PSD- 013 -13 and any delegations be advised of Council's decision. CARRIED -10- 4 -10 General Purpose and Administration Committee Minutes February 25, 2013 AN APPLICATION TO INCREASE THE LIST OF COMMERCIAL USES PERMITTED WITHIN EXISTING BUILDINGS ON THE SUBJECT SITE APPLICANT: EFS INVESTMENTS INC. Resolution #GPA- 134 -13 - Moved by Mayor Foster, seconded by Councillor Novak THAT Report PSD- 014 -13 be received; THAT the applications to amend the Clarington Official Plan and Zoning By -law 84 -63 submitted by the EFS Investment Inc. to permit additional commercial uses on the subject lands as contained in Attachment 3 to Report PSD- 014 -13 continue to be processed and that a subsequent report be prepared; and THAT all interested parties listed in Report PSD- 014 -13 and any delegations be advised of Council's decision. CARRIED CLARINGTON OFFICIAL PLAN AMENDMENT TO IMPLEMENT A REVISED HANCOCK NEIGHBOURHOOD DESIGN PLAN Resolution #GPA- 135 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT Report PSD- 015 -13 be received; THAT Amendment No. 80 to the Clarington Official Plan (Attachment 9 to Report PSD- 015 -13) to implement the revised Hancock Neighbourhood Design Plan (Attachments 6, 7 and 8 to Report PSD- 015 -13) be adopted, and the By -law adopting the Official Plan Amendment contained in Attachment 10 to Report PSD- 015 -13 be passed excluding the the extension of George Reynolds Drive between Harry Gay Drive and the first street east of Courtice Road; THAT Council authorize Planning Staff to waive any fees associated with a necessary Official Plan Amendment and /or Neighbourhood Design Plan Amendment within the Hancock Neighbourhood as a result of further field investigation of Provincially Significant Wetlands conducted by the Ministry of Natural Resources and /or the Central Lake Conservation Authority, and further, that this relief be offered until December 31, 2014; - 11 - 4 -11 General Purpose and Administration Committee Minutes February 25, 2013 THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 015 -13 and Council's decision; THAT the Environmental Assessment for the alignment of George Reynolds, as identified in Report FND- 001 -13 proceed; and - - THAT all interested parties listed in Report PSD- 015 -13 and any delegations be advised of Council's decision. MOTION LOST Resolution #GPA- 136 -13 Moved by Councillor Novak, seconded by Mayor Foster THAT Report PSD- 015 -13 be received; THAT Amendment No. 80 to the Clarington Official Plan (Attachment 9 to Report PSD- 015 -13) to implement the revised Hancock Neighbourhood Design Plan (Attachments 6, 7 and 8 to Report PSD- 015 -13) be adopted, and the By -law adopting the Official Plan Amendment contained in Attachment 10 to Report PSD- 015 -13 be passed; THAT Council authorize Planning Staff to waive any fees associated with a necessary Official Plan Amendment and /or Neighbourhood Design Plan Amendment within the Hancock Neighbourhood as a result of further field investigation of Provincially Significant Wetlands conducted by the Ministry of Natural Resources and /or the Central Lake Conservation Authority, and further, that this relief be offered until December 31, 2014; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 015 -13 and Council's decision; THAT the Environmental Assessment for the alignment of George Reynolds, as identified in Report FND- 001 -13 proceed; and THAT all interested parties listed in Report PSD- 015 -13 and any delegations be advised of Council's decision. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) -12- 4 -12 General Purpose and Administration Committee Minutes February 25, 2013 Resolution #GPA- 137 -13 Moved by Councillor Neal, seconded by Councillor Hooper - - - THAT the foregoing Resolution #GPA- 136 -13 be amended by adding at the end of the second paragraph: "any lands in the "Special Study Area 7" be designated as "Special Study Area" in the Hancock Neighbourhood Design Plan and that existing uses be continued." MOTION LOST Resolution #GPA- 138 -13 Moved by Councillor Novak, seconded by Mayor Foster THAT the foregoing Resolution #GPA- 136 -13 be amended by changing the date in the third paragraph from "December 31, 2014" to "December 31, 2015 ". CARRIED The foregoing Resolution #GPA- 136 -13 was then put to a vote and carried as amended. Councillor Novak chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT PROPOSED FRONT - ENDING AGREEMENT BETWEEN THE MUNICIPALITY OF CLARINGTON AND GREEN MARTIN HOLDINGS LTD., ASPEN SPRINGS WEST LTD. AND WEST DIAMOND PROPERTIES INC. Resolution #GPA- 139 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report EGD- 006 -13 be received; THAT Council approve the recommendations of the Cost Sharing and Backup Documentation — Darlington Green Subdivision dated May 2010; THAT Council pass a by -law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute the Front - Ending Agreement with Green Martin Holdings Ltd., Aspen Springs West Ltd. and West Diamond Properties Inc.; and -13- 4 -13 General Purpose and Administration Committee Minutes February 25, 2013 THAT all interested parties listed in Report EGD- 006 -13 be advised of Council's decision. CARRIED ROBINSON RIDGE SUBDIVISION PHASE 3, COURTICE, PLAN 40M -2201, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA- 140 -13 Moved by Mayor Foster, seconded by Councillor Partner THAT Report EGD- 007 -13 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M -2201; and THAT Council approve the by -law attached to Report EGD- 007 -13; assuming certain streets within Plan 40M -2201 as public highways. CARRIED OKE WOODS SUBDIVISION PHASE 1A, COURTICE, PLAN 40M -2391 (PART OF), `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA- 141 -13 Moved by Mayor Foster, seconded by Councillor Neal THAT Report EGD- 008 -13 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M -2391 (Part of); and THAT Council approve the by -law attached to Report EGD- 008 -13, assuming certain streets within Plans 40M -2391 and 40M -1669, as public highways. CARRIED 4 -14 General Purpose and Administration Committee Minutes February 25, 2013 MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2013 Resolution #GPA -142 -13 Moved by Councillor Woo, seconded by Councillor Partner THAT Report EGD- 009 -13 be received for information. CARRIED REQUEST FOR REPORT - ROAD IMPROVEMENTS TO PEBBLESTONE ROAD Resolution #GPA- 143 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT Staff investigate and report back on the plans for road improvements in the area of Trulis Road and Pebblestone Road intersection. MOTION NOT CONSIDERED (Seconder withdrew during deliberations, no seconder to motion) Councillor Partner chaired this portion of the meeting. OPERATIONS DEPARTMENT HAMPTON UNION CEMETERY Resolution #GPA- 144 -13 Moved by Councillor Woo, seconded by Councillor Novak THAT Report OPD- 004 -13 be received; THAT, subject to the approval of the Ministry of Consumer Services, the Municipality acquire title in fee simple and assume all responsibilities related to the Hampton Union Cemetery located at 5810 Old Scugog Road, Hampton, Ontario; THAT the acquisition of the Cemetery and easements by the Municipality be subject to the Municipality being able to comply with all requirements of the Funeral, Burial and Cremation Services Act 2002; THAT the trust funds of the cemetery be held by the Municipality of Clarington; -15- 4 -15 General Purpose and Administration Committee Minutes February 25, 2013 THAT the Mayor and Clerk be authorized to execute on behalf of the Municipality all documents necessary to give effect to the above recommendations; and THAT the Ministry of Consumer Services and the Hampton Cemetery Board to advised of Council's decision. CARRIED 2012.WINTER REPORT Resolution #GPA- 145 -13 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report OPD- 005 -13 be received for information. CARRIED CLARINGTON MUSEUM AND ARCHIVES LIVING WALL Resolution #GPA- 146 -13 Moved by Councillor Woo, seconded by Mayor Foster THAT Report OPD- 006 -13 be received; - THAT the requirements of the Purchasing By -law be waived; THAT staff be authorized to negotiate a single source agreement with The Living Wall, for the construction of a Living Wall — Noise Attenuation Barrier; and THAT all interested parties listed in Report OPD- 006 -13 be advised of Council's decision. CARRIED Councillor Hooper chaired this portion of the meeting. -16- 4 -16 General Purpose and Administration Committee Minutes February 25, 2013 EMERGENCY AND FIRE SERVICES DEPARTMENT FIRE DISPATCH SERVICES Resolution #GPA- 147 -13 Moved by Councillor Novak, seconded by Councillor Partner THAT Report ESD- 002 -13 be received for information. CARRIED Councillor Neal chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES - 2012 YEAR END REVIEW Resolution #GPA- 148 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report CSD- 001 -13 be received for information. CARRIED HEART WISE EXERCISE PROGRAM Resolution #GPA- 149 -13 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report CSD- 002 -13 be received for information. CARRIED Mayor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT 4th QUARTER PARKING REPORT Resolution #GPA- 150 -13 Moved by Councillor Neal, seconded by Councillor Novak THAT Report CLD- 005 -13 be received; and -17- 4 -17 General Purpose and Administration Committee Minutes February 25, 2013 THAT all interested parties listed in Report CLD- 005 -13 be advised of Council's decision. D BOWMANVILLE CENTRAL BUSINESS IMPROVEMENT AREA NAME CHANGE Resolution #GPA- 151 -13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CLD- 006 -13 be received; THAT the name of the Bowmanville Central Business Improvement Area be changed to the "Historic Downtown Bowmanville Business Improvement Area "; THAT the by -law attached to Report CLD- 006 -13 be forwarded to Council for approval; THAT the resignation of Margaret Seaton from the Board of Management be received; and THAT the Bowmanville Central Business Improvement Area be advised of Council's decision. CARRIED AMENDMENTS TO RESPONSIBLE PET OWNERS BY -LAW AND KENNEL LICENSING BY -LAW Councillor Partner declared a pecuniary interest as she owns a pet sitting business. Councillor Partner left the room and refrained from discussion and voting on this matter. Resolution #GPA- 152 -13 Moved by Councillor Neal, seconded by Councillor Woo THAT Report CLD- 007 -13 be received; THAT the proposed changes to Kennel Licensing By -law be endorsed; THAT the proposed changes to the Responsible Pet Owners By -law be endorsed; THAT the proposed draft Responsible Pet Owners By -law, Attachment 1 to Report CLD- 007 -13 be passed; HIM General Purpose and Administration Committee Minutes February 25, 2013 THAT the proposed Kennel Licensing By -law, Attachment 2 to Report CLD- 007 -13 be passed; THAT Council authorize staff to commence an amendment to the Zoning By -laws to amend appropriate definitions and provisions to provide greater consistency with the draft "Responsible Pet Owners By -law" and the proposed "Kennel By -law "; and THAT all interested parties listed in Report CLD- 007 -13 be advised of Council's decision. Councillor Partner returned to the meeting. ANIMAL SERVICES QUARTERLY REPORT — October — December, 2012 Resolution #GPA- 153 -13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CLD- 008 -13 be received; and THAT a copy of Report CLD- 008 -13 be forwarded to the Animal Alliance of Canada. CARRIED APPOINTMENT TO CLARINGTON MUSEUMS AND ARCHIVES BOARD ALTER THE AGENDA Resolution #GPA- 154 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT the agenda be altered to consider Report CLD- 009 -13 regarding the Appointment to Clarington Museums and Archives Board later in the meeting in Closed Session. CARRIED. REGULATING FISHING ON BOWMANVILLE CREEK Resolution #GPA- 155 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD- 010 -13 be received; -19- 4 -19 General Purpose and Administration Committee Minutes February 25, 2013 THAT the area of the Bowmanville Creek beginning at a point approximately 120 metres north of the dam to a point 120 metres south of the dam be signed "No Trespassing for the Purpose of Fishing" in order for the illegal fishing in this area to be enforced; THAT the Ministry of Natural Resources be requested to enforce the trespass provisions of the Fish and Wildlife Conservation Act in this area; and THAT.the interested parties listed in Report CLD- 010 -13 be advised of Council's actions. RECESS Resolution #GPA- 156 -13 Moved by Councillor Novak, seconded by Councillor Partner THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 3:30 p.m. CORPORATE SERVICES DEPARTMENT THEATRE DANCE ACADEMY - LEASE EXTENSION COURTICE COMMUNITY COMPLEX Resolution #GPA- 157 -13 Moved by Councillor Novak, seconded by Councillor Woo THAT Report COD - 001 -13 be received; THAT the Lease Extension from the Theatre Dance Academy for the lease of space in the Courtice Community Complex in the amount of $19,488.00 per year for the term of February 1, 2013 to January 31, 2016 be approved; and THAT the Mayor and the Clerk be authorized to execute the lease extension agreement with the Theatre Dance Academy satisfactory to the Municipal Solicitor. CARRIED Councillor Traill arrived at 3:35 p.m. 4 -20 -20- General Purpose and Administration Committee Minutes February 25, 2013 TENDER NO. C2013 -1 — ELECTRICAL SERVICES PARK & STREET LIGHTING MAINTENANCE Resolution #GPA- 158 -13 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report COD - 003 -13 be received; THAT Langley Utilities Contracting Limited, Bowmanville, Ontario, with a total bid in the amount of $171,325.85 (net of H.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2013 -1, be awarded the contract for Electrical Services — Park and Street Lighting Maintenance, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service, the contract be extended for a second, third and fourth year; and THAT the funds expended be drawn from the Operations Department Annual Operating Budgets, CARRIED PUBLIC SECTOR SALARY DISCLOSURE ACT REPORT FOR 2012 YEAR Resolution #GPA- 159 -13 Moved by Councillor Novak, seconded by Councillor Woo THAT Report COD - 004 -13 be received; and THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees, were paid a salary of $100,000 or more (as defined in the Act), for the year 2012. CARRIED JOINT HEALTH AND SAFETY COMMITTEE — 2012 SUMMARY Resolution #GPA- 160 -13 Moved by Councillor Novak, seconded by Councillor Partner THAT Report COD - 005 -13 be received for information. CARRIED -21- 4 -21 General Purpose and Administration Committee Minutes February 25, 2013 LEASE EXTENSION - 132 CHURCH STREET, BOWMANVILLE JOHN HOWARD SOCIETY & COMMUNITY LIVING OSHAWA / CLARINGTON Resolution #GPA- 161 -13 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report COD- 006 -13 be received; THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,586.15 per year for the term of January 1, 2013 to March 31, 2014 be approved; THAT the Lease Extension from the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,586.15 per year for the term of January 1, 2013 to March 31, 2014 be approved; THAT the Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society and Community Living Oshawa / Clarington; and THAT staff continue discussions with Community Living Oshawa / Clarington and John Howard Society with a view establishing long term leases for the facility space with provision for leasehold improvements required to accommodate the longer term needs of both organizations. CARRIED FINANCE DEPARTMENT FINANCIAL UPDATE AS AT DECEMBER 31, 2012 Resolution #GPA- 162 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT Report FND- 003 -13 be received for information. CARRIED -22- 4 -22 General Purpose and Administration Committee Minutes February 25, 2013 REQUEST FOR REPORT — SICK DAYS Resolution #GPA- 163 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT Staff be directed to prepare a report regarding "payment in lieu of sick days" for all staff, excluding the Fire Services Department; and THAT the report be brought back to the General Purpose and Administration Committee within a month. CARRIED AS AMENDED LATER IN THE MEETING (See following motion) Resolution #GPA- 164 -13 Moved by Councillor Novak, seconded by Councillor Partner THAT the foregoing Resolution #GPA- 163 -13 be amended to delete the words "excluding the Fire Services Department" and adding "including the accumulated liability of sick day payments for the Fire Services Department." CARRIED The foregoing Resolution #GPA- 163 -13 was then put to a vote and carried as amended. SOLICITOR'S DEPARTMENT The Solicitor's Department reports were considered under the Confidential Reports section, later in the meeting. CHIEF ADMINISTRATIVE OFFICER EMPLOYEE WELLNESS COMMITTEE — HEALTHY WORKPLACE AWARD Resolution #GPA- 165 -13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CAO- 002 -13 be received for information. CARRIED -23- 4 -23 General Purpose and Administration Committee Minutes February 25, 2013 UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. OTHER BUSINESS REQUEST FOR RESPONSE TO LETTER PUBLISHED IN ORONO WEEKLY NEWSPAPER REGARDING VERIDIAN Councillor Novak declared a pecuniary interest as she is a member of the Veridian Board. Councillor Novak left the room and refrained from discussion and voting on this matter. Resolution #GPA- 166 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT a copy of the letter, published in the Orono Weekly regarding Veridian, be forwarded to the Veridian Corporation requesting a response prior to the next General Purpose and Administration Committee meeting. CARRIED Councillor Novak returned to the meeting. ANNOUNCEMENTS - Continued Councillor Hooper congratulated the Orono United Church and Tracey Ali for their work on the video relating to the "little town that could ". Councillor Traill announced the following upcoming events: • Tyrone Community Social Pub Night on Thursday, February 28, 2013 at the Tyrone Community Hall. • Fundraising week at the Bowmanville Veterinary Clinic selling cupcakes raising funds for animals across Canada. -24- 4 -24 General Purpose and Administration Committee Minutes February 25, 2013 COMMUNICATIONS CORRESPONDENCE FROM STEPHEN SHINE AND JOHN OSSO ALTER THE AGENDA Resolution #GPA- 167 -13 Moved by Councillor Woo, seconded by Councillor Partner THAT the agenda be altered to add the correspondence from Stephen Shine regarding Report PSD- 013 -13 regarding the Public Meeting relating to applications for an Official Plan Amendment and Rezoning to permit the development of a 155 unit, 5 storey retirement residence and a 104 unit, 7 storey senior's apartment (Applicant: The Forrest Group). CARRIED Resolution #GPA- 168 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT the agenda be altered to add the correspondence from John Osso regarding Report PSD- 015 -13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. CARRIED Resolution #GPA- 169 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT the correspondence from Stephen Shine regarding Report PSD- 013 -13 regarding the Public Meeting relating to applications for an Official Plan Amendment and Rezoning to permit the development of a 155 unit, 5 storey retirement residence and a 104 unit, 7 storey senior's apartment (Applicant: The Forrest Group), be referred to the Director of Planning Services to be considered as part of the application review process; and THAT the correspondence from John Osso regarding Report PSD- 015 -13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan, be referred to the Director of Planning Services. CARRIED -25- 4 -25 General Purpose and Administration Committee Minutes February 25, 2013 CONFIDENTIAL REPORTS CLOSED SESSION Resolution #GPA- 170 -13 Moved by Councillor Neal, seconded by Councillor Hooper 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 four matters regarding the following matters: • Confidential Report LGL- 002 -13 regarding Newcastle Recycling Ltd, 2011 Superior Court Application, a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. • Verbal Report from Andy Allison, Municipal Solicitor, regarding the disposition of municipal assets, a matter which cannot be disclosed in accordance with the Municipal Freedom of Information and Protection of Privacy Act as it would release third party financial information, supplied in confidence, which if disclosed could reasonably be expected to prejudice significantly the competitive position of the third party. • Verbal Report from Andy Allison, Municipal Solicitor, regarding the St. Marys Cement v. Clarington Court of Appeal Decision, a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. • Report CLD- 009 -13, regarding the Appointment to Clarington Museums and Archives Board, a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. CARRIED RISE AND REPORT The meeting resumed in open session at 5:09 p.m. with Mayor Foster in the Chair. Mayor Foster advised that four items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. -26- General Purpose and Administration Committee Minutes February 25, 2013 NEWCASTLE RECYCLING LTD. 2011 SUPERIOR COURT APPLICATION PART OF LOT 12, CONCESSION 3, FORMER TOWNSHIP OF CLARKE Resolution #GPA- 171 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT the Confidential Legal Report LGL- 002 -13, regarding the Newcastle Recycling Ltd., 2011 Superior Court Application, be received for information. CARRIED VERBAL REPORT FROM ANDY ALLISON, MUNICIPAL SOLICITOR, REGARDING THE DISPOSITION OF MUNICIPAL ASSETS Resolution #GPA- 172 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Staff be directed to report back on the disposition of the municipal assets. CARRIED VERBAL REPORT FROM ANDY ALLISON, MUNICIPAL SOLICITOR, REGARDING THE ST. MARYS CEMENT V. CLARINGTON COURT OF APPEAL DECISION Resolution #GPA- 173 -13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the verbal report from Andy Allison, Municipal Solicitor, regarding the St. Marys Cement v. Clarington Court of Appeal Decision, be received for information. CARRIED APPOINTMENT TO CLARINGTON MUSEUMS AND ARCHIVES BOARD Resolution #GPA- 174 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD- 009 -13 be received; THAT Phil Ford be thanked for his contribution to the Clarington Museums and Archives Board; -27- 4 -27 General Purpose and Administration Committee Minutes February 25, 2013 THAT Clayton Morgan be appointed to the Clarington Museums and Archives Board for a term concurrent with the term of Council; and THAT all interested parties listed in Report CLD- 009 -13 be advised of Council's decision. . -- -_k ADJOURNMENT Resolution #GPA- 175 -13 Moved by Councillor Partner, seconded by Councillor Hooper THAT the meeting adjourn at 5:12 p.m. CARRIED MAYOR 4 -28 DEPUTY CLERK PUBLIC MEETING REPORT PSD- 016 -13 VALIANT RENTAL INC. : NOTIC E OF.COMPLETE APPLICATION Leading the Way AND PUBLIC MEETING The Municipality of Clarington has received Complete Applications fora proposed, Official Plan Amendment and Zoning By -law Amendment. APPLICANT: VALIANT RENTAL INC. PROPERTY: 80 CLARINGTON BOULEVARD, BOWMANVILLE PROPOSAL: JO PERMIT A DRIVE- THROUGH FACILITY ACCESSORY TO A BANK. FILE NOS.: COPA 2013 -0001 ZBA 2013 -0001 X -REF: SPA 2012 -0009, DEV 90 -078 A Public Meeting to receive input on the applications will be on: DATE: Monday, March 18th, 2013 TIME: 9:30 a.m. PLACE: 'Council Chambers, 2nd Floor, Municipal Administrative Centre 40 Temperance St., Bowmanville ON Additional information is available between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, ON L1 C 3A6, or by calling Paul Wirch at (905) 623 -3379 eA 2418 or by e -mail at pwirchnclarington.net. Should you wish to appear as a delegation in respect to this item, arrangements should be made through the Municipality of Clarington Clerk's Department at (905) 623 -3379. Requests for delegations will be accepted until 4:15 p.m. on Friday, March 15th, 2013. An on -line delegation request form is also available on the Municipality's website, www.clarington.net, under the Municipal Clerk's Department tab. If you cannot attend the Public Meeting on March 18th you can make a "deputation to Council" at their meeting on Monday, March 25th, 2013, commencing at 7:00 p.m. If you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, March 20th, 2013. If you wish to be notified of the adoption of the proposed official plan amendment, or of the refusal of a request to amend the official plan you must make a written request to the Municipality of Clarington, Planning Services Department. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the proposed Official Plan Amendment is adopted, and /or 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 fl) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 20th day of. February, 2013. David J. Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1 C 3A6 a O ry z w LL UPTOWN.AVE H/GHVVAY2 MCDONALD'S --- -- -- .__ -j KELSEY'S LOBLAWS -. N Property Location Map (Bowmanville) F Subject Site ZBA 2093 -0009 Zoning By -Law Amendment COPA 2093 -0009- Clarington Official Plan Amendment Owner: Valiant Dental Inc PROPOSED BANK AND DRIVE m _1 THROUGH 0 �I CD z - — — — -- rr, °cutut�r°ia Q U �I N Property Location Map (Bowmanville) F Subject Site ZBA 2093 -0009 Zoning By -Law Amendment COPA 2093 -0009- Clarington Official Plan Amendment Owner: Valiant Dental Inc The Municipality of Clarington has received a Complete Applications for a proposed Zoning By -law Amendment. PROPOSAL: TO PROHIBIT RESIDENTIAL USES ON AGRICULTURAL LAND AS A RESU OF SEVERANCE OF FILE NO.: ZBA 2013-0002 A2013-0010 AND X114 A Public Meeting to receive input on the application will be held on: DATE: Monday, March 18, 2013 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3�d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Mitch Morawetz (905) 623 -3379, extension 2420 or by e -mail at mmorawetz @clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, March 25, 2013, commencing at 7:00 p.m. Should you wish to appear before Council, you, must register with the Clerks Department by noon on Wednesday, March 20, 2013 to have your name appear on the Agenda. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by -law is passed, the person or public body: y i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated attlaq Municipality of Clarington this 27th day of February, 2013. Davi e, . .I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 F• Property Location Map (Clarke) o N Y Concession Road 4 i ° � m � m L Y C 31 a° Subject U 0 t °1 Site a Concession Road 3 Concession 3 Part Lot 30 ZBA 2013 -0002 Approximate Boundary Zoning By_law.Arnendrnent of 0.6 Hectare Parcel to Be Severed nil [-T� Owner: Joanne Barchard FIFT �91 1�1 N CONCESSION ROAD 3 CONCESSION ROAD 3 --- - ----- TFRT 1 DRAFT LIST OF DELEGATIONS GPA Meeting: March 18, 2013 (a) Shirley Crago Regarding the Renaming of a Portion of,Solina Road (b) Shirley Crago Regarding the Clarington Waterfront 6 -1 VIC REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution #: By -law #: Report #: PSD- 016 -13 File: COPA 2013 -0001 & ZBA 2013 -0001 Subject: TO PERMIT A DRIVE-THROUGH FACILITY ACCESSORY TO A BANK APPLICANT: VALIANT RENTAL INC. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 016 -13 be received; 2. THAT, provided there are no significant issues raised at the Public Meeting, Amendment No. 91 to the Clarington Official Plan submitted by Valiant Rental Inc., to permit a drive - through facility accessory to a bank, as contained in Attachment 3 to Report PSD- 016 -13 be adopted and the By -law adopting the Official Plan Amendment contained in Attachment 4 to Report PSD- 016 -13 be passed; 3. THAT the Zoning By -law Amendment application, submitted by Valiant Rental Inc., be approved with a 'Holding (H) Symbol' as contained in Attachment 5 to Report PSD- 016 -13; 4. THAT a future report will be forwarded to Council to lift the 'Holding (H) Symbol' at such time as the Site Plan meets the requirements of the urban design criteria contained in Section 11.5 of Report PSD- 016 -13; 5. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 6. THAT all interested parties listed in Report PSD- 016 -13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: _ -- - : -_ David Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW /COS /nl /df 7 March 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8-1 I . APPLICATION DETAILS 1.1 Owner / Applicant: 1.2 Agent: 1.3 Proposal: 1.4 Area: 1.5 Location: -.01111 R1 Valiant Rental Inc. D.G. Biddle & Associates Ltd. To permit a drive - through facility accessory to a bank. Located within a 6.5 Ha retail commercial plaza property. 80 Clarington Boulevard, Bowmanville 2.1 On January 21St, 2013, D.G. Biddle & Associates Ltd. submitted applications, on behalf of Valiant Rental Inc., to permit a drive - through facility for a bank which is proposed to be constructed along Clarington Boulevard south of Highway 2. TD Canada Trust is currently located within one of the commercial plaza buildings on the subject lands. It is the Owner's intent to relocate the existing TD Canada Trust branch, from the multi - tenant plaza building, to a stand -alone site on the same property. 2.2 A Planning Justification Report and a Conceptual Layout and Design were submitted in support of these applications. ►� _: �� :• 3.1 The proposed development site is a vacant area on the existing commercial lands which are occupied by among others the former Zellers (now under renovation to become Target). The commercial property extends from Highway 2 in the north to Prince William Boulevard in the south and from Green Road in the west to Clarington Boulevard in the east. The proposed bank and drive - through would be located on the east side of the property, fronting onto Clarington Boulevard. e. A 11, o ag r 1 FIGURE 1 View of development site from Clarington Blvd. facing south FIGURE 2 View of development site from Clarington Blvd. facing north 3.2 The areas surrounding the proposed bank and drive- through are as follows: -9-INTW North - Existing Commercial Plaza (Kelsey's Restaurant) .South - Existing Commercial Plaza (Payless Shoes, Hakim Optical and future Target Department Store) East - Neighbouring Commercial Plaza (future Shoppers Drug Mart, SportChek and Atmosphere) West - Existing Commercial Plaza • , IGIM&I pill . ' ` • 1 • 4.1 Provincial Policy Statement (PPS) The 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. These goals are to be achieved within existing settlement areas and in a manner which minimizes land consumption and servicing costs. The Owner's proposed development of a drive - through facility, accessory to a bank, will result in an intensification of the existing commercial property. This redevelopment will take advantage of existing services. This application conforms with the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The policies of the Provincial Growth Plan promote the creation of compact, complete communities that are transit - supportive and pedestrian - friendly. Part of the intent of the Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy. The first priority of growth shall be to seek to intensify within existing built up areas. The subject property is located within the Provincially- defined "Built Boundary ". The Growth Plan requires that population and employment growth be directed to built -up areas of the community to optimize existing land supply and better utilize existing municipal services. This application conforms with the Provincial Growth Plan. 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as "Regional Centre" Regional Centres shall be developed as the main concentration of commercial, residential, cultural and government functions in a well designed and intensive land use form, within Urban Areas. The subject site is within an area of high aquifer vulnerability. The proposed use is not considered a high risk to groundwater, therefore, no additional impacts are anticipated. The proposed use conforms with the policies of the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as "Town Centre" and 8 -4 61 :42 LNIGIMMOM11115M "Street- Related Commercial" within the Bowmanville West Town Centre Secondary Plan (BWTCSP). The "Street - Related Commercial" designations were established at intersections and major road frontages. Lands with this designation are intended to be dedicated to smaller scale, pedestrian- oriented retail and personal service uses, in particular uses that contribute to an active street life such as cafes, restaurants and smaller shops. In general, drive - through facilities are not desirable in Town and Village Centres. Where drive - through facilities are permitted they are to be appropriately regulated and must meet the built form objectives of the respective Town or Village Centre. While drive - through facilities are permitted in the BWTCSP, there is a specific prohibition on locating drive - through facilities within the "Street - Related Commercial" designation. Further discussion of the compatibility and conformity of the proposed drive - through facility is contained in Section 11 of Report PSD- 016 -13. 6.1 Zoning By -law 84 -63 zones the subject lands "Street - Related Commercial Exception (C9 -1) ". A bank (financial office) is already a permitted use within the "C9 -1" zone. It is the proposed drive - through facility, on the exterior of the bank that is the subject of these applications. When the "C9 -1" zone was created in 2006 the McDonalds restaurant, complete with drive - through facility, was already in existence. As a result, an exception was made to permit one restaurant (eating establishment) with a drive - through facility within this zone. In spite of that exception, the Zoning By -law expressly states that drive - through facilities are not permitted within the "C9 -1" zone. 7.1 Planning Justification Report TD Canada Trust has determined that any new branch they develop in the Bowmanville market will need to incorporate a drive - through facility in order to achieve and maintain a competitive advantage over other retail banks in this area. Traditionally, concerns with drive - through facilities have arisen due to issues of traffic congestion, visual impacts and noise impacts. However, unlike drive - through facilities for restaurants, the report notes that drive - through facilities for banks generate less traffic, require shorter stacking lanes and do not use menu boards and speakers. Therefore, with appropriate landscaping and screening, it is the applicant's view that drive - through facilities for banks can avoid all of the traditional concerns associated with drive - through facilities. It is noted that the Scotia Bank, located at the northwest corner of Highway 2 and Clarington Boulevard, was constructed with a drive - through .O. ,• - � facility before the passage of the current policy that prohibits drive - through facilities in "Street- Related Commercial Areas ". The Agent goes on to state that the Scotia Bank successfully incorporates a drive - through facility without negative impacts. The proposed bank would be located in the centre of the block between the two private entrances into the site from Clarington Boulevard. This location is preferred in order to avoid underground utilities /services that run along the south side of the northerly lane. The centralized bank location will also allow the proposed drive - through lane to be placed on the north side of the bank in order to avoid traffic conflicts with the existing and future commercial businesses south of the proposed bank. A conceptual Site Plan drawing is enclosed as Attachment 2 to Report PSD- 016 -13. The Planning Justification Report states that the location of the proposed bank entrance in the southeast corner of the building, together with a direct sidewalk connection from Clarington Boulevard to the front door of the bank, will achieve and support the "pedestrian- character" objectives of the Bowmanville West Town Centre Secondary Plan. 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 As of the writing of this report, Staff had received one inquiry from an area business owner seeking clarification as to the nature of these applications. • 9.1 Durham Regional Planning Department This proposal generally conforms to the Durham Regional Official Plan in providing a use that complements the existing mixture of land uses within the Regional Centre. The final design of the proposed development should maximize pedestrian, bicycle and transit opportunities for the site. 1 11 9TI • 10.1 Emergency Services and the Engineering Services Department The Emergency Services and the Engineering Services Departments have both expressed no objection to the proposed applications. 10.2 Finance Department The Finance Department has confirmed that the taxes on the subject property have been paid up -to -date. 11. COMMENTS 11.1 Within the Bowmanville West Town Centre, drive - through facilities are prohibited in all "Street - Related Commercial" areas. (The exception of the drive - through facility for McDonald's was previously addressed in Section 6.1 of Report PSD- 016 -13.) The reason for prohibiting drive - through facilities in the "Street - Related Commercial" designation is to: Ensure compatibility with adjacent uses; Reinforce the pedestrian character of the area; and Achieve the built -form objectives of the Official Plan and the Secondary Plan. What follows is an examination of these three points. 11.2 Compatibility with Neighbouring Uses The proposed bank will be located on the east side of an existing commercial plaza property. It will be surrounded to the north, south and west by existing retail, restaurants and services and the associated parking areas for these businesses. To the east, on the other side of Clarington Boulevard, construction is underway on the redevelopment of the former Canadian Tire store into a multi -unit retail development. The proposed bank with drive - through facility would be compatible with all of the current land uses surrounding this site. A drive - through for a bank gets minimal use and would not result in traffic conflicts within the site or on adjacent roads. 11.3 Pedestrian Character The "Street - Related Commercial" areas of the BWTCSP are to be designed in a manner that creates both an attractive and a comfortable environment for those travelling on the Municipal sidewalk. This is to be achieved by requiring that new buildings include visual interest at a pedestrian scale. All new street - related buildings are to be designed to include features which connect them to the sidewalk. This is done through the abundant use of windows and by providing access to the buildings directly from the sidewalk as opposed to exclusively from the parking lot. Design elements included with street - related buildings should make people want to walk by them rather than fail to notice them or even avoid them. A list of these design elements is included in Section 11.5 of PSD- 016 -13. 8 -7 001 ad 11, 1910:1.1 -1XITUBF 11.4 Built -Form Objectives Complimentary to the "pedestrian character" goals of the BWTCSP are the built -form objectives which direct where and in what manner buildings should be constructed. Within the "Street - Related Commercial" areas the placement of buildings is intended to define the street edge and create a sense of enclosure for pedestrians and motorists alike. Buildings in the "Street- Related Commercial" areas are expected to be located along the street edge (within 3 metres of the property line) and provide a direct connection to the front door of these buildings from the sidewalk. Where possible, buildings should frame not only the public street but also those locations where private streets and private laneways intersect with public streets. In an ideal situation, the majority of the street edge along Clarington Boulevard would be occupied by store fronts. With this objective in mind, buildings, are to be located in a manner that facilitates future in -fill along the block. However, on -site constraints and accommodations make the proposed location for the bank and drive - through facility, as identified in Attachment 2 to PSD- 016 -13, the most reasonable. The proposed bank with drive - through facility has been designed and located so as to present the widest possible profile along Clarington Boulevard. 11.5 Site Plan Process New buildings that are constructed within the "Street- Related Commercial" designation of the BWTCSP are required to achieve a specific design standard. These design elements include: • Sidewalks and walkways in front of commercial uses shall include in- ground trees, pedestrian scale lighting, and street furnishings (i.e. benches and trash receptacles); • The use of special paving treatment at focal points including building entrances; • Clearly designated pedestrian crossings at the intersection of all public and private streets through the use of surface material variation; • Minimizing the visual impact of surface parking areas by the use of screen walls, landscaping or lowering of the parking areas by up to 0.5 metres from the adjacent street grade; • Appropriate lighting levels to assist both pedestrian and vehicular circulation; • High quality landscaping treatments to define site boundaries; • Drive aisle crosswalks constructed of materials that are different to the drive aisle such as interlocking brick paving; • Main entrances to buildings shall be emphasized; • High quality landscaping treatment at all building entrances; • Amenities, located in close proximity to building entrances, shall include landscaping, seating and public art; and • Screening of rooftop mechanical equipment. These design requirements are best identified and discussed through the Site Plan approval process. To ensure that the design requirements are satisfactorily provided through the Site Plan approval process, it is recommended that the applications submitted for this proposal be approved with a Holding (H) Symbol. Once all design details have been finalized, a report lifting the Holding (H) Symbol will be submitted directly to Council for approval. 11.6 Parking The existing parking area currently contains 825 parking spaces which exceeds the Municipal parking requirements by 56 spaces. The proposed bank will generate demand for an additional 28 parking spaces. The existing commercial plaza will continue to have sufficient parking capacity to accommodate the proposed bank. • • 12.1 Approval of a drive - through facility accessory to a bank, on the subject property, will accommodate the relocation and expansion of the existing TD Canada Trust branch. The proposed drive - through facility will be compatible with all current land uses. In addition, the orientation and location of the bank will reinforce the pedestrian character of the area. Finally, the built -form objectives of the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan will be satisfied through the Site Plan approval process. 12.2 The purpose of Report PSD- 016 -13 is to provide background information for a Public Meeting under the Planning Act. Given the minor nature of this proposal and provided there are no significant issues raised at the Public Meeting, it is recommended that the proposed Clarington Official Plan Amendment (Attachment 3 to Report PSD- 016 -13) and Zoning By -law Amendment (Attachment 5 to Report PSD- 016 -13) be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: 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: Carlos Salazar, Manager, Community Planning & Design Branch Paul Wirch, Planner Il, Community Planning & Design Branch row Attachments: Attachment 1 - Key Map Attachment 2 - Conceptual Layout Attachment 3 - Proposed Official Plan Amendment Attachment 4 - Clarington Official Plan Amendment Adopting By -law Attachment 5 - Proposed Zoning By -law Amendment List of interested parties to be advised of Council's decision: Bob Hann, Valiant Rental Inc. Glenn Genge, D.G. Biddle & Associates Ltd. Anne Messore, Smart!Centres Edgar Lucas, Historic Downtown Bowmanville Business Improvement Area 1 LOBLAWS C1 Q O z W Lu HIGHVygY2 CURRENT McDONALD'S PROPOSED BANK AND DRIVE THROUGH FUTURE TARGET KELSEY'S UPTOWN AVE M J m z O H O z ry Q J U N i Property Location Map (Bowmanville) 0 1 1111 Subject Site "d - COPA 2013 -0001 Clarington Official Plan Amendment 0 x cD 0 Owner: Valiant Rental Inc D Cn W o0 o3 rn m CD w3 our bfmw OGN cuVO Ws Y, jLlJ j, 1-1, �W2 5112 ji) 1� 1141-1 Q) O Attachment 2 To Report PSD-016-13 ii L ZI,-P Az; I'M 10 jt ada Trust S Q, FT. F-NTRANCC (MOSSAMiA 6000,S(). N, 1141-1 Q) O Attachment 2 To Report PSD-016-13 ii L Attachment 3 To Report PSD- 016 -13 AMENDMENT NO. 91 usyrn I A T - • •- • • - . PURPOSE: To permit a drive - through facility accessory to a bank. BASIS: This amendment is based on the Planning Justification Report and analysis resolution of the General Purpose, with respect to Official Plan Amendment Application COPA 2013- 0001. ACTUAL AMENDMENT: The Bowmanville West Town Centre Secondary Plan is hereby amended as follows: 1. By adding a new Section 6.2.4 as follows: Notwithstanding Section 6.2.1 a. ii) of this Secondary Plan, one drive - through facility, accessory to a bank, shall be permitted at the Clarington Centre plaza, on the portion of the property known municipally as 80 Clarington Boulevard and identified by tax assessment roll no. 1817 - 010 - 020 - 17200." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 8 -13 Attachment 4 To Report PSD- 016 -13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013 - being a By -law to adopt Amendment No. 91 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by -laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS fhe Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan and the Bowmanville West Town Centre Secondary Plan to permit a drive - through facility accessory to a bank; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 91 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By -law shall come into' force and take effect on the date of the passing hereof. BY -LAW passed in open session this day of 12013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 °14 PURPOSE: To permit a drive - through facility accessory to a bank. BASIS: This amendment is based on the Planning Justification Report and analysis resolution of the General Purpose, with respect to Official Plan Amendment Application COPA 2013 - 0001. ACTUAL AMENDMENT: The Bowmanville West Town Centre Secondary Plan is hereby amended as follows: "1 . By adding a new Section 6.2.4 as follows: Notwithstanding Section 6.2.1 a. ii) of this Secondary Plan, one drive - through facility, accessory to a bank, shall be permitted at the Clarington Centre plaza, on the portion of the property known municipally as 80 Clarington Boulevard and identified by tax assessment roll no. 1817 - 010 - 020 - 17200." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 8 -15 Attachment 5 To Report PSD- 016 -13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013- 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 2013 -0001; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84 -63, as amended, is hereby further amended by changing the zone designation from "STREET= RELATED COMMERCIAL EXCEPTION (C9 -1) ZONE" to "HOLDING STREET- RELATED COMMERCIAL EXCEPTION (H(C9 -1)) ZONE" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. Section 2213.4.1 a. of the "STREET- RELATED COMMERCIAL EXCEPTION (C9 -1) ZONE" is hereby deleted and replaced with the following: "Notwithstanding Section 228.2 c., in addition to all uses permitted in the C9 Zone, only one eating establishment with a drive - through facility and only one financial office with a drive - through facility may be constructed *and used on the lands zoned C9 -1." 4. Section 22B.4.1 c. iii) of the "STREET- RELATED COMMERCIAL EXCEPTION (C9 -1) ZONE" is hereby deleted and replaced with the following: "Notwithstanding Section 3.16 d., a drive - through aisle for one -way traffic shall be no less than 3.5 metres wide." 5. 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 day of , 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk AM l DI,RHAM HIGHWAY2 o N . 1> m z o �y z g U PRINCE WILLIAM BOULEVARD /+t/ EM Zoning Change From "C9 -1 "To "(H)C9 -1" Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I Y 8 -17 :14 ;IL Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution #: By-law #: Report PSD- 017 -13 File : ZBA 2013 -0002 (X -Ref#: LD 004/2013) Subject: APPLICATION TO AMEND THE ZONING BY-LAW TO PROHIBIT RESIDENTIAL USES ON - .D AS A RESULT OF SEVERANCE OF JOANNE .- It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 017 -13 be received; 2. THAT provided there are no significant issues raised at the public meeting, the application to amend Zoning By -law 84 -63 to facilitate the severance of a surplus farm dwelling be approved and that the attached Zoning By -law Amendment be adopted by Council; 3. THAT the the Durham Regional Planning Department, Municipal Property Assessment Corporation and Durham Regional Land Division Committee be forwarded a copy of Report PSD- 017 -13 and Council's decision; and 4. THAT all interested parties listed in Report PSD- 017 -13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: �- David VCrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM /CP /df /av 8 March, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 ME REPORT 1.1 Applicant: Joanne Barchard 1.2 Owner: Stephen and Patti Selby, Joanne Barchard and Lois Wilson 1.3 Proposal: The applicant proposes to rezone a vacant 51.74 ha farm parcel to prohibit residential uses. The rezoning is a condition of a concurrent application to sever a surplus farm dwelling and merge the retained agricultural land with the abutting farm property. 1.4 Area: 51.74 hectares 1.5 Location: Part Lot 30, Concession 3, Former Township of Clarke, 3440 Concession Road 3, Clarke -0 bi 2.1 On January 14, 2013, the Region of Durham Land Division Committee considered and approved, subject to conditions, an application to create a 0.6 ha rural residential lot as a result of consolidating agricultural parcels. The severed 17.3 hectares parcel, which is currently farmed and has no structures, will merge with an abutting 33.8 hectares farm parcel to the north. The parcel to the north is currently vacant but is zoned to permit a single detached dwelling and /or farm buildings and farm uses. 2.2 On February 12, 2013, Joanne Barchard submitted an application to rezone 51.74 ha of farmland, seeking to prohibit residential uses on the vacant farm parcel. Approval of the subject application is required to_fulfil a condition of the Durham Land Division Committee decision, made on January 14,'2013, to allow the severance of the surplus farm dwelling. The 0.6 ha surplus dwelling lot is not part of the rezoning application. 2.3 Mr. Selby's farming operation is comprised of several hundred hectares of owned and rented farmland, on which he produces corn, soybeans and wheat and has grain drying and storage facilities. Mr. Selby plans to merge the severed parcel with his abutting vacant 33.79 ha farm property, directly to the north, creating a 51.74 ha agricultural parcel. The merged parcel would have frontage on Concession Road 3 and Lockhart Road. (see Attachment No.1) 3.1 The subject property to be rezoned is vacant agricultural land. The proposed surplus dwelling is located at the southeast corner of the subject lands and has an existing access from Concession Road 3. ME REPORT NO.: PSD- 017 -13 PAGE 3 3.2 The surrounding uses are as follows: North - Agricultural South - Agricultural and rural residential East - Agricultural West - Agricultural and rural residential 3.3 Surrounding agricultural uses are varied and include cash crop and apple production. There are many rural residential properties of varying lot sizes in close proximity to the subject lands (See Photograph 1). Photograph 1: View of parcel and surrounding area 4. PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement (PPS) protects prime agricultural areas for long -term agricultural uses. The PPS also permits lot creation for severance of surplus farm dwellings that result from farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. New land uses in rural areas, including the creation of lots, shall comply with the Minimum Distance Separation Formula (MDS). A livestock barn to the south of the subject property is not taken into consideration in this situation where the dwelling deemed surplus is already in existence and located on a lot separate from the livestock 8 -20 1 NP Nil r 4� SNYF..ti _ arc IN REM 4. PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement (PPS) protects prime agricultural areas for long -term agricultural uses. The PPS also permits lot creation for severance of surplus farm dwellings that result from farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. New land uses in rural areas, including the creation of lots, shall comply with the Minimum Distance Separation Formula (MDS). A livestock barn to the south of the subject property is not taken into consideration in this situation where the dwelling deemed surplus is already in existence and located on a lot separate from the livestock 8 -20 REPORT PSD-017-13 PAGE f barn. The potential odour conflict is already considered present between the. neighbouring livestock facility and the existing dwelling. The application, complies with the MDS Formula and conforms to the Provincial Policy Statement. 4.2 Greenbelt Plan The Greenbelt Plan includes approximately 3.5 hectares of land at the north end of the lands to be rezoned. This area is at the opposite end of the farm from where the surplus farm dwelling is being severed. The balance of the subject parcel is not within the Greenbelt Plan boundary. The application does not conflict with the policies of the Greenbelt Plan 2005. 5.1. Durham Regional Official Plan The Durham Regional Official Plan designates the property as "Prime Agricultural Area." The Plan encourages the consolidation of agricultural parcels of land, wherever possible. The severance of a dwelling rendered surplus as a result of consolidation of abutting farms may be granted, provided that: ® the farms are merged into a single parcel; ® the dwelling is not needed for a farm employee; ® the retained farm parcel is zoned to prohibit any further severances and the establishment of any residential dwelling. As a, condition of severance, the 51.74 ha consolidated farm parcel is to be rezoned to prohibit the establishment of any residential dwelling. The application conforms to the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the property as "Prime Agricultural Area" and "Environmental Protection Area ". The severance of a dwelling, which is rendered . surplus as a result of the consolidation of abutting farms may be permitted subject to the following criteria: ® the farms are merged into a single parcel; ® the dwelling to be severed is not required for farm employees; and ® the surplus dwelling lot is generally less than 0.6 ha. The rezoning application would facilitate the consolidation of abutting farm land and severance of a surplus' dwelling. The Municipality generally encourages the 8 -21 REPORT •D , consolidation of farms wherever possible. The subject application meets the intent of the Official Plan. 6.1 Zoning By -law 84 -63 zones the subject lands "Agricultural Exception (A -1) Zone" and "Environmental Protection (EP) Zone." The proposed zone for the severed portion of the lot, with the exception of the "EP" area, is "Agricultural Exception (A -81) Zone," which only allows for non - residential uses set out in Section 6.4.1 b) of the By -law. Section 6.4.1 b) of the By -law gives a list of non - residential uses: ® cemeteries and places of worship which existed prior to the date of the passing of this by -law; ® conservation and forestry; ® a farm; ® a wayside pit or quarry in accordance with the provisions of The Pits an Quarries Control Act, as amended; and ® private kennel accessory to a permitted use. The proposed Zoning By -law Amendment would therefore prohibit any residential uses on the property and will fulfil the condition imposed by the Durham Region Land Division Committee. 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Public meeting signs were installed on the property by March 1, 2013. Only inquiries seeking clarification about the application were received from the public at the time of the writing of this report. There have been no expressions of opposition made. 8.1 The application and supporting documentation was circulated to the Region of Durham Planning Department for review and comment. The Regional Planning Department advised the lands are designated "Prime Agricultural Areas" within the Regional Official Plan (ROP). Policies of the ROP encourage the consolidation of farms, allowing the severance of a habitable farm dwelling rendered surplus subject to conditions. The application for zoning by -law amendment fulfils one of the requirements of the ROP. Furthermore they advised that all matters of provincial plan conformity and delegated review responsibility have been addressed through the related Land Division Application. 8 -22 REPORT • D_ 9.1 The Clarington Building Division, Engineering Services Department and Emergency and Fire Services Department have no objections or concerns with the application. � r 10.1 The Selby farm on Lockhart Road is approximately 33.79 ha and the severed lands at the Barchard farm total 17.95 ha. As a condition of the severance approved by the Durham Regional Land Division Committee, the consolidated land holdings (17.95 + 33.79 = 51.74 ha) must be rezoned to prohibit any future residential development. 10.2 The proposed rezoning conforms with the Provincial Policy Statement, the Greenbelt Plan, the Durham Regional Official Plan, and the Clarington Official Plan. This application is one step in the process to sever the surplus dwelling lot. There have been no objections to this application from any of the circulated agencies or the public. This application will prohibit any future residential uses from being established on the 51.74 ha melded parcel and will enable the severance of a surplus residential dwelling lot (0.6 ha). This has the effect of reducing fragmentation of rural parcels and offers the ability to increase the viability of the Selby farming operation. Staff do not object to this application to amend Zoning By -law 84 -63. 11. CONCURRENCE — Not Applicable 12.1 Provided there are no significant objections raised at the public meeting, it is recommended that the application to amend Zoning By -law 84 -63 be APPROVED and that Council adopt the Zoning By -law Amendment attached hereto. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our,community Not in conformity with Strategic Plan Staff Contact: Mitch Morawetz, Planner I 8 -23 REPORT NO.: PSD-017-13 PAGLU Attachments- Attachment 1 - Key Map Attachment 2 - Zoning By -law Amendment List of interested parties to be advised of Council's decision: Joanne Barchard Lois Wilson Stephen and Patti Selby 8 -24 9 oil ■■IIM 11*11114, Approximate Boundary of 0.6 Hectare Parcel to be retained J" Xj Property Location Map (Clarke) Concession 3 Part Lot 30 Selby Lands EaBarchard/Wilson severed land ZBA 2013-0002 Owner: Joanne Barchard I X CD 0 -D D o3 m m 1 W � i : : ■ Concession 3 Part Lot 30 Selby Lands EaBarchard/Wilson severed land ZBA 2013-0002 Owner: Joanne Barchard I X CD 0 -D D o3 m m 1 W � Attachment 2 To Report PSD- 017 -12 CORPORATION OF THE MUNICIPALITY OF CLARINGT.ON BY -LAW NO. 2013- 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 2013 -0002; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "2" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A -1) Zone" to "Agricultural Exception (A -81) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW. passed in open session this day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -26 This is Schedule to By-law 2013- • • . of . ® Zoning Change From "A -1" to "A -81" Zoning To Remain "A -1" Zoning To Remain "EP" Adrian Foster, Mayor 3 o' Patti L. Barrie, Municipal Clerk 1 8 ®27 gww •i'"■ '�_ '� J 1 • ail n• _r "GL ■ ■ '�� -`�'� 8 ®27 ' =11) c Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution #: By -law #: Report: PSD- 018 -13 File: S -0- 2012 -02 AND Z- 2012 -10 Subject: APPLICATIONS TO AMEND OSHAWA ZONING BY-LAW 60-94 AND APPROVE PROPOSED DRAFT PLAN OF SUBDIVISION APPLICANT: 1494339 ONTARIO LIMITED c. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 018 -13 be received; 2. THAT the City of Oshawa be advised that the Municipality of Clarington has no objection to the proposed Zoning By -law Amendment and proposed Plan of Subdivision for 33 single detached dwellings subject to the Conditions of Draft Approval contained in Attachment 3; 3. THAT a copy of Report PSD- 018 -13 be forwarded to the City of Oshawa, Development Services Department and the Region of Durham Planning Department; and 4. THAT all interested parties listed in Report PSD- 018 -13 be advised of Council's decision Submitted by: Reviewed by: Da id J. rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BR /CP /nl /df 7 March 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379 ,REPORT f_[a►(1 -Tel IPI 1.1 The City of Oshawa circulated the Municipality of Clarington on January 9, 2013 the referenced applications for Zoning By -law Amendment'and Proposed Plan of Subdivision. The applications have been reviewed by the Clarington Engineering Services Department and the Clarington Planning Services Department. W. 1911VI 11010 1 441_11 I WS 2.1 Owner /Applicant:. 2.2 Agent: 2.3 Proposed Plan of Subdivision: 2.4 Zoning By -law Amendment: 2.5 Area: 2.6 Location: 1494339 Ontario Limited (Foley) D.G. Biddle & Associates To permit the development of 33 single detached dwellings, a landscape strip block, future development blocks and local roads. To rezone the majority of the subject site from R1 -D (4) "h -14" (Residential) to an appropriate R1 -E (Residential) Zone to implement the proposed draft plan of subdivision and special zoning regulations. 1.74 hectares (4.30 acres) South of Conlin Road East, north of Coldstream Drive and immediately west of Townline Road North, Oshawa 3.1 The subject applications abut a section of Townline Road, the boundary road located between the Municipality of Clarington and the City of Oshawa. The adjacent lands in the Municipality of Clarington are located in the Provincial Greenbelt whereas the adjacent lands in the City of Oshawa are located within the urban area. No future urban development is possible or anticipated on the Clarington side of Townline Road. 3.2 Clarington Engineering Services Department advises that the Municipality of Clarington and the City of Oshawa entered into a Boundary Road Agreement in 2006 regarding Townline Road. Under the terms and conditions of the Agreement the Municipality of Clarington shall bear none of the construction costs on7ownline Road (if applicable) that are related to development on the Oshawa side of the road. This portion of Townline Road is maintained by the City of Oshawa under the terms of the Boundary Road Agreement. The developer will be responsible for maintaining Townline Road free of mud, dust and debris as directed by the City of Oshawa during construction. FOW REPORT • l - -1 3.3 Where development is adjacent to rural land uses that rely on private wells and septic systems, a hydrogeological study is typically undertaken prior to development occurring to consider potential impacts on nearby wells and identify measures to mitigate any potential negative impacts. The current application by Foley is in essence an infill development as it is surrounded on the Oshawa three sides by a draft approved and partially constructed plan of subdivision by Silwell Developments and the Metrontario Group (S -0- 2001 -003). This earlier development application was supported by a hydrogeological report prepared by Soil Engineers Limited (see Attachment 2). 3.4 The Soil Engineers Report reviewed well water data for the broader area affected by Subdivision S -0- 2001 -003 including the properties of Clarington residents, and concluded it would be an "unlikely event that any of the private well systems within 500 metres of the site would deteriorate due to the site servicing of the residential development ". There have been no issues related to existing wells and the development of the larger subdivision to date. However, through the review of the engineering drawings for the phase of the Silwell /Metrontario subdivision currently being considered, the Durham Regional Works Department has requested a consultant to address how water could be extended across Townline Road to the existing developed properties fronting on the Clarington side of the road, should their wells be impacted as a result of subdivision development in Oshawa. 3.5 It is recommended that as a condition of draft approval the Owner /Applicant be required, prior to any servicing of the plan of subdivision, to retain a qualified Professional Engineer to prepare and submit a Hydrogeological Report to the satisfaction of the Municipality of Clarington and that the recommendations of the report be included in an agreement with the City of Oshawa. The report would be a follow -up to the Hydrogeological Report prepared by Soil Engineers Limited, titled "Baseline Hydrogeological Report, Proposed Residential Development, Parkridge Developments ", reference number 0510- W104.3 and dated November 15, 2005, done for Silwell Developments and the Metrontario Group for the surrounding subdivision S -0- 2001 -003. The recommendations of the study shall be incorporated into the subdivision agreement between the proponent and the City of Oshawa, to the satisfaction of the Clarington Planning Services Department. 3.6 In addition to the recommendations of the hydrogeological study referenced in 3.5, Durham Region has their "Drilled Well and Lot Sizing Policy" which contains provisions for well interference related to the installation of water and sanitary sewer servicing. The Region's policy would ensure anyone who has a private well, which is impacted as a result of development, will have municipal water extended to the property or provided a new well. The combination of existing policy and proposed study and recommendations should help ensure nearby Clarington residents have an alternative water supply in the event of well interference problems. 4.1 The Director of Engineering Services concurs with the recommendations of Report PSD- 018 -13. 8 -30 REPORT ;, PAGE 4 5.1 In consideration of the comments provided within this report, it is recommended that the Municipality support the approval of the proposed draft plan of subdivision, subject to the comments herein and the recommended condition of draft approval. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Bob Russell, Planner 11 Attachments: Attachment 1 - Survey of Proposed Plan of Subdivision Attachment 2 - Limits of S -O 2001 -003 and S -O 2012 -02 Attachment 3 - Conditions of Approval of Final Plan Registration List of interested parties to be advised of Council's decision: David Sappleton, City of Oshawa Lino Trombino, Durham Region Bob Annaert, D.G. Biddle & Associates 8 -31 �I — - -�-- STREET H r I I I I M � I I I U U) 25 I I in 24 a 23 I I 22 21 20 19 18 17 U I U) I I I z I I I I � I i Y m I I U Y m26 27 28 29 30 31 32 33 I I I I I m i z O Z 4 O W Z Z • S-0-2012-02 Owner: 1494,339 Ontario Limited ;U cD C: > D) = U1 - �s D CD. x 00 1 W W x CD O M, 0 co o(D P N W 0 Attachment 3 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION MUNICIPALITY OF CLARINGTON MARCH 4, ! �; ' �, • � ' it Ill, W 1. The Owner /Applicant agrees, prior to any servicing of the plan of subdivision, to retain a qualified Professional Engineer to prepare and submit, to the - satisfaction of the Director of Planning Services, a follow -up Hydrogeological Report to the Hydrogeological Report prepared by Soil Engineers Limited, titled "Baseline Hydrogeological Report, Proposed Residential Development, Parkridge Developments ", reference number 0510- W104.3 and dated November 15, 2005. The 2005 Report was done for Silwell Developments and the Metrontario Group for the surrounding Subdivision S -0- 2001 -003, that is to the south, west and north of Subdivision S -0- 2012 -02, and 2. That the recommendations of the approved follow -up Hydrogeological Report be included in. the agreement between 1494339 Ontario Limited and the City of Oshawa to the satisfaction of the Municipality of Clarington Director of Planning Services. 8 -34 1:14! a�q Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18 , 2013 Resolution y ®law #: Report#: PSD -019 -13 File#: PLN 34.2.24 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 019 -13 be received; 2. THAT the Heritage Incentive Grant Program, as outlined in Attachment 2, be approved for heritage properties designated under Part IV (Individual) and Part V (District) of the Ontario Heritage Act; and 3. THAT all interested parties listed in Report PSD- 019 -13 be advised of Council's decision. 1, Submitted by: Reviewed by• « .. � ------ DavidJ. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer KK/FL /DJC /sn /df 6 March 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 -35 FX ... .. :, 1.1 Clarington's built heritage is an important part of the urban and rural fabric of the Municipality. Heritage properties within the Municipality contribute to the economic wellbeing of Clarington's downtowns and provide a charm which draws visitors to the Municipality and ensures the historic character of Clarington is not lost while we expand and grow into the 21St century. 1.2 The Ontario Heritage Act allows municipalities to designate properties of "cultural heritage value or interest ". Currently there is no requirement under the Act for an owner to carry -out restoration, typically restorations are carried out by owners as part of their pride of ownership. It is well known that heritage properties can be more costly to restore and maintain than newer buildings. 1.3 In 2005, the Ontario Heritage Act was amended to include heritage grant and tax relief programs under Section 39. Section 107 of the Municipal Act allows for grant and incentive programs under certain circumstances, heritage being one of the instances. Many municipalities throughout Ontario have implemented heritage incentive grants and tax - relief programs. In Durham Region, Ajax, Whitby, and Oshawa have implemented programs (see Attachment 1). 1.4 During the 2013 budget deliberations Council approved the budget allocation necessary to set up a heritage grant program. This purpose of Report PSD -019- 13 is to set out the conditions for the grant program. W1 2.1 The majority of heritage designations in Clarington occurred when the Provincial Government provided a heritage grant program in the 1980's and early 1990's, indicating that the community is receptive to protecting and enhancing cultural heritage when incentives are available. 2.2 Since most of the designations took place at this time, many of Clarington's designated buildings are on their second or third owner since designation. The lack of an incentive program, coupled with the economic conditions, means that some buildings are slipping into disrepair or that owners are choosing to carry out renovations not in keeping with the original character of the building, others have inquired about removing their designation. 2.3 Heritage property owners in the older downtowns of Bowmanville, Newcastle, and Orono, within the Community Improvement Program (CIP) boundaries, have used the CIP grant programs to carry out building code upgrades and facade enhancements. However, there has been no funding available for designated heritage property owners outside the CIP boundaries. 2.4 A Heritage Incentive Grant program, rather than a tax rebate program has been recommended for Clarington for the following reasons: 8 -36 FaMw ® Uptake for the CIP grants have proven immensely successful in stimulating heritage sensitive renovations and improvements, improving the vibrancy "of the older downtown cores. ® Given Clarington's large inventory of designated heritage properties in relation to other nearby municipalities, a cost analysis has demonstrated that a heritage tax rebate program would be more costly than administering a grant program and that the costs would not necessarily translate into improvements to the heritage building stock. Other municipalities in Durham have indicated limited uptake of tax rebate programs since they require heritage conservation easement agreements to be entered into by the owner which is onerous for both the property owners, and the municipality. Additionally the Region of Durham could offer a matching program, however they have indicated that they will only do so if all lower -tier municipalities participate which is highly unlikely. 3.1 The Clarington Heritage Committee (CHC) is supportive of a heritage grant program which aids in the preservation and upkeep of designated heritage properties. Committee members prefer a grant program rather than a tax relief program as the grant funding directly impacts the upkeep of the building. In the case of the heritage tax relief, there is no requirement for the owner to carry out restoration, refurbishment or maintenance to receive the tax relief once the conservation easement is in place. 3.2 Comments received from property owners indicate a reluctance to apply for heritage designation based on the potential for increased financial costs involved in restoring and maintaining a designated property. The availability of the Heritage Incentive Grant may provide a further impetus for property owners to apply for Heritage Designation. 3.3 In discussion with other municipalities that provide heritage incentive grants, it is clear that the program's effectiveness relates directly to its ease of application. Programs that require a number of steps may be underutilized and not achieve the desired goal of preserving and enhancing built heritage. 3.4 The proposed Heritage Incentive Grant program (Attachment 2) has been modeled on the programs implemented in Clarington's Community Improvement Programs. The Heritage Incentive Grant will be administered and regulated as a separate entity from the CIP grants; though many of the rules would be similar. 3.5 An initial budget of $5,000 has been approved for this initiative. It is anticipated that funds not allocated in any given year would accrue and be available in future years. 8 °37 3.6 An annual report will be compiled by Planning Services detailing the effectiveness of the program, and the uptake of funding, similar to the CIP reports. 4.1 This report has been reviewed by the Director of Finance. 5.1 Council's approval of the seed funding for the Heritage Incentives Grant Program demonstrates Clarington's desire to highlight and preserve the unique cultural and architectural heritage within our urban and rural areas. Funding for this program will 'fill in the gap' between improvement funding for our downtowns through the CIPs, and funding of our designated heritage assets which fall outside of the CIP areas. 5.2 It is recommended that the Heritage Incentive Grant Program (outlined in Attachment 2) be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X 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: Faye Langmaid, Manager, Special Projects Attachments: Attachment 1 - Table detailing Heritage Incentive Programs adopted by other municipalities Attachment 2 - Clarington Heritage Incentive Grant, Information and Program Rules Interested parties to be notified of Council's decision: Clarington Heritage Committee Julia Fielding, Clarington Museum and Archives Tracey Ali, ACO Clarington Branch Attachment 1 To Report PSD- 019 -13 Municipality Amount Program Type Additional Details Toronto $10,000 maximum 50% matching Grant (residential) Ottawa $5,000 maximum , 50% Matching Grant Mississauga $5,000- $10,000 50% Matching Grant $5000 maximum for maximum work on heritage attributes; $10,000 maximum for structural work Hamilton $20,000 maximum 50% Matching Grant Grant is for commercial (commercial) heritage improvement and restoration only Brampton $5,000 maximum 50% Matching Grant (residential) Kitchener $500 to $3,000 50% Matching Grant maximum St. Catherines $1,000 maximum 50% Matching Grant Cambridge $5,000 maximum 50% Matching Grant Kingston $2,000 maximum 50% Matching Grant Niagara on the $5,000 to $20,000 50% Matching Grant $5000 maximum for Lake maximum residential; $20000 maximum for commercial Ajax 10% tax rebate Tax Relief Program Whitby 40% tax rebate Tax Relief Program Oshawa 40% tax rebate Tax Relief program Port Hope $25,000 total annual 50% Matching Grant Will fund up to 5 funding projects each year Cobourg $15,000 per project Loan Program per property Sault Ste. Marie $3,000 maximum 2/3 of eligible costs Raw Attachment 2 To Report PSD- 019 -13 10 tell 0 The Heritage Incentive Grant Program is intended to assist properties designated under the Ontario Heritage Act (2005) Part IV and V with financing the cost of repairs and restoration of a designated heritage property. A grant will cover up to 50% of the costs of the eligible work per building to a maximum of $2000 for exterior work, or $1000 for interior work maximum of $3000 per property owner. General Application Information A complete application for eligible works must be submitted by the registered property owner in conjunction with an application for Alteration under the Ontario Heritage Act (where required). Applications for work already commenced or completed will not be considered. Municipal and other government or agency owned properties are not eligible for this grant. Property taxes must not be in arrears at the time of the application and at the time of project completion. All work must be done pursuant to building permits (if required), constructed in accordance with the Ontario Building Code, and meet all applicable planning approvals and zoning requirements. Approval of a Heritage Incentive Grant will be by the Director of Planning Services or designate. Should the heritage incentive grant require an application under the Ontario Heritage Act, approval will only be given once a positive recommendation from the Clarington Heritage Committee is received and endorsed by Council. Grants will be administered on a first come first served basis, however, priority will be given to applications that are addressing designated heritage features. In any given year, grants will be limited to the available funding. A project will be eligible, provided the property is not currently receiving other grants or tax incentives from the Municipality of Clarington. Grants shall only be paid to the owner once municipal staff have inspected the completed eligible work and is satisfied that the work has been performed in accordance with the Ontario Heritage Act and any other recommended guidelines. = Area of Application The Heritage Incentive Grant program is available to all registered property owners of Designated Heritage Properties, and all registered property owners within the Beech Avenue Heritage Conservation District in the Municipality of Clarington. Designated heritage property owners within Community Improvement Program area boundaries will be directed to apply for grants under those programs. t [± t 1 i 7 : � ► � ► [ •T i Eligible works include as a first priority: • the conservation of existing heritage elements listed in the designating by -law; and • the reconstruction of existing heritage features that are beyond repair or conservation. Eligible works as a second priority: • the accurate reproduction of significant features which no longer exist, but for which clear documentation is available. The reproduction of significant features may include, but is not limited to: o Repair or restoration of the exteriors of buildings including roofs, verandas, windows, doors, and masonry; and o Restoring /repairing original windows • Work necessary to restore the building to structural soundness (e.g. the repair of serious structural faults that threaten the building's survival; underpinning of building structures; repair /new roofs), but not including structural work to accommodate modern renovations and additions; Repair of mortar (exterior); and Other improvements of a similar nature to the building exterior or interior as approved by the Director of Planning Services. Ineligible proiects include: • Insulation; • The replacement of knob and tube electrical wiring with modern wiring /electrical systems; • Landscaping; • Unnecessary or damaging exterior cleaning such as sandblasting; • Structural works to the exterior of buildings to accommodate modern renovations such as additions and new doors and windows (unless original and of heritage significance); • Short term repair work; and • Maintenance, such as painting. Application Process 1. Contact the Planning Services Department to determine if your property is eligible for the grant. 8 -41 2. Submit a completed Heritage Incentive Grant Application Form to the Planning Services Department of the Municipality of Clarington. Application must contain the following: a. Description of eligible works b. Cost estimate of the works to be undertaken including a minimum of two quotations from qualified contractors for undertaking the eligible works. Cost estimate should indicate a breakdown of items, description of works to be performed, etc. c. Colour photos of the current state of significant heritage features to be improved d. Drawings or photos detailing the proposed improvement works (Note: Drawings prepared by a Professional Engineer or Architect may be required if significant structural and /or architectural improvements are proposed) 3. Applications will be reviewed by the Planning Services Department and the Clarington Heritage Committee (CHC) if a heritage alternation permit is required. The property owner will be notified and encouraged to attend the CHC meeting where their application is being reviewed in order to answer any questions that may arise. The applicant will also be advised if any building permits or other approvals are required for the proposed works. It will be the responsibility of the applicant to ensure that the appropriate permits are obtained in order to be eligible to receive the funding. 4. Prior to the approval of a Heritage Incentive Grant, municipal staff'may request an inspection of the building to review the condition of the feature and the proposed work. Prior to issuing a decision, further drawings, cost estimates or other information may be requested. 5. If all eligibility criteria and conditions are met and funds are available in the grant fund, the Director of Planning Services or designate will approve the Heritage Incentive Grant. A letter will be issued from the Municipality to the applicant representing a commitment and will be valid for a period of 6 months. The Director, at his discretion, may provide an extension of 6 months. 6. Staff from the Planning Services Department (and in some cases the Clarington Heritage Committee) will conduct an inspection to ensure the works are in keeping with the intent of the drawings and materials as originally approved. In the event that the heritage improvements do not match the drawings, materials, or intent of the original application, approval may be withdrawn without appeal. 7. Following satisfactory inspections of the work and the receipt of invoices from the applicant, a grant cheque will be issued to the property owner for the full amount of the approved funding providing that the property owner is not in tax arrears and has finalized all building permits and necessary inspections. 8 -42 8. The property owner is obligated to,take proper actions to maintain the refurbished heritage features to the satisfaction of the Municipality. 9. Future modifications that change the integrity of the features appearance are subject to'the approval of the Municipality and may be denied if they are contrary to the heritage designation. Questions should be directed to Faye Langmaid, Manager of Special Projects, at the Clarington Planning Services Department at 905 -623 -3379 Ext. 2407, or the Municipal Administrative Centre at 40 Temperance Street 3rd Floor, Bowmanville. flangmaidaclarington.net 8 -43 �'# �01 I r �AA;l[91;A,,,1i Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution: By-law #: Report: PSD -020 -13 File #: ZBA 2013 -0004 AM It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 020 -13 be received, 2. THAT the application submitted on behalf of Aldergrove Estates Inc. to remove the Holding (H) symbol be approved and that the attached By -law to remove the Holding (H) symbol be passed; 3. THAT Council's decision and a copy of Report PSD- 020 -13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD- 020 -13 and any delegations be advised of Council's decision. LB /CP /df 5 March 2013 Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 °44 . 9 . 11 Fa 111MOVIN 9101 C " t 1.1 Owner: Sulamf Kogan 1.2 Applicant: Aldergrove Estates Inc. 1.3 Proposal: Removal of Holding (H) Symbol from: "Holding — ((H)R3 -24) Urban Residential Exception Zone" to "(R3 -24) Urban Residential Exemption Zone " 1.4 Location: 258 King Street West, Bowmanville (northwest corner of Galbraith Court and King Street East) 2.1 In 2009 site plan approval was granted for the construction of a two storey mixed use building. The ground floor contains two professional offices and the second floor contains four apartment units. They range in size from 89 m2 (958 ft2) to 124 m2 (1334 ft2) . The building fronts onto King Street East, with the parking lot in the rear. The vehicular entrance to the property is from Galbraith Court. 3.1 The applicant has applied to have the Holding (H) symbol removed from the subject property and staff supports this request. Construction of this mixed use building is nearing completion and the conditions that were to be met to remove the Holding (H) symbol have now been fulfilled. 3.2 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. III E•�•Z•7T •C1(R��'3[7�l 5.1 The approval of the removal of the Holding (H) symbol for 258 King Street East, as shown on the attached By -law and schedule (Attachment 2) is recommended. 8 -45 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: Lisa Backus, Sr. Planner Attachments: Attachment 1 - Zoning By -law Amendment to Remove `H' Symbol List of interested parties to be notified of Council's decision: Kogan, Sulamif Attachment 1 To Report PSD- 020 -13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013- being a By -law to amend By -law 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 a day care facility with related playground and parking area on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" (Bowmanville)" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding — ((H)R3 -24) Urban Residential Exception Zone" to "(R3 -24) Urban Residential Exemption 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 I day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -47 This is Schedule "A" to By-law pas sed this day of y 2013 A.D. CLIMIE CT U S Fa- m J c� KING STREET EAST w W w z Y U z U a. LL U) N Zoning Change From "(H)R3 -24" To "R3 -24" Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ��` �� :� • p. - - ••hll► � �IIi /111 `+ �j��' i.�C pC �: IIIIIIIIIIIIIIIQ �� i � 11111111■ �1�■ �� 111111111111111 ►i � �, ,� �� - % /IIIIIIIIIIIIIIIIII� X11 /I�� . IIIIIIIIIIIIIIIIIIII� ��„11111111111��ii��1�� ,• I "_1111111111111111 %, 1, Z-4 4, �1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution #: By-law #: Repori#: PSD- 021 -13 File #: S -C- 2012 -0004 & COPA 2012 -0007 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND FOR A PROPOSED DRAFT PLAN OF SUBDIVISION TO CREATE 42 SINGLE DETACHED DWELLING LOTS APPLICANT: WEST DIAMOND PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 021 -13 be received; 2. THAT Amendment No. 92 to the Clarington Official Plan submitted by West Diamond Properties Inc. to delete the Public Elementary School symbol from the subject lands and to adjust housing and population targets, as contained in Attachment 3 be adopted and the By -law adopting the Official Plan Amendment contained in Attachment 4 be passed; 3. THAT the application for the proposed Draft Plan of Subdivision, submitted by West Diamond Properties Inc. to permit the development of up to 42 residential units be supported, subject to the conditions contained in Attachment 5 to Report PSD- 021 -13; 4. THAT the By -law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S -C- 2012 -0004 and the Municipality of Clarington be approved as contained in Attachment 6 to Report PSD- 021 -13; 5. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 021 -13 and Council's decision; and 6. THAT all interested parties listed in Report PSD- 021 -13 and any delegations be advised of Council's decision. Submitted by: Reviewed by David rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS /CP /df 5 March 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 8 -49 REPORT ' PAGE 2 1.1 Owner /Applicant: West Diamond Properties Inc. 1.2 Proposal: A proposed Clarington Official Plan Amendment to: ® Delete the Public Elementary School from the subject lands; and Adjust housing and population targets for the Darlington Green neighbourhood to permit the proposed subdivision. A proposed Draft Plan of Subdivision to: ® create 42 single detached dwelling lots each having a minimum lot frontage of 12.0 metres. 1.3 Area: 2.62 hectares 1.4 Location: West side of Green Road, south of McBride Avenue and described as Block 145, Plan 40M -2378, in Part Lot 17, Concession 1, former Township of Darlington (Attachment 1). 2.1 The subject lands were part of a larger plan of subdivision (18T- 90051) that was draft approved in August 2007. Construction began in 2008 following the registration of the lots south of McBride Avenue (Plan 40M- 2378). 2.2 At the time of draft approval, the Kawartha Pine Ridge District School Board (KPRDSB) requested a public elementary school site within the limits of the original draft plan of subdivision. The lands were appropriately designated by the Official Plan for a public elementary school site, and a school block was registered as Block 145, Plan 40M -2378. 2.3 As a condition of approval, the developer and KPRDSB were required to enter into an agreement with respect to the purchase of the lands for a public elementary school. The agreement was entered into on October 9, 2009 and was to expire March 1, 2013. The agreement permits KPRDSB to terminate the agreement at any time by giving notice in writing. Written notice was given by KPRDSB on September 27, 2012 to terminate the agreement. 2.4 It is not uncommon for a local school board to give up their commitment to purchase land for school sites. The sites are set aside at the time of draft approval, and many times the school board cannot fully determine schooling requirements until the neighbourhood is built out and other area schools are assessed for capacity. Provincial funding plays a large factor in school construction. 2.5 During the review of the original draft plan of subdivision, the applicant demonstrated how the school block could be logically developed with roads and lots should the school not proceed since in almost all cases school blocks that are no longer pursued are used for residential development. S REPORT PAGE E 2.6 Following receipt of the letter terminating the agreement from KPRDSB, the owner of the lands submitted an application to amend the Clarington Official Plan to delete the public elementary school symbol from the site and to adjust population and housing targets. The proposed draft plan of subdivision lays out 42 single detached dwelling lots each having a minimum lot frontage of 12.0 metres (see Attachment 2). 2.7 As part of the complete application the following studies have been submitted: ® Planning Justification Letter Report; ® Conceptual Servicing Report; ® Noise Feasibility Study; ® Environmental Sustainability Brief; and ® Phase 1 Environmental Site Assessment. These are reviewed in detail in Section 7 of this report. 3.1 The subject lands are currently undeveloped. A considerable amount of topsoil is stockpiled on the site and site construction trailers are located on the lands along Buttonshaw Street. 3.2 The surrounding uses are as follows: North - Single detached dwellings along the south side of McBride Avenue; link dwellings and medium density townhouse /apartment units north of McBride Avenue South - Single detached residential dwellings East - Single detached residential dwellings, street townhouse dwellings, municipal park West - Single detached residential dwellings, future municipal park COPA 2012.0007 and S•C 2012 -0004 4.1 Provincial Policy Statement (PPS) Settlement areas shall be the focus of growth. Land use patterns shall be based on densities and a mix of land uses which efficiently use land, resources and infrastructure and other public services. A full range of housing types and densities are to be provided to meet the projected requirements of current and future residents of the regional market area. The PPS encourages a compact built form which supports the development of transportation systems that minimize the length and number of vehicle trips and also supports the development of viable choices and plans for public transit. Compact built form minimizes negative impact to air quality and climate change and promotes energy efficiency. The applications are consistent with the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan requires municipalities to manage growth, and encourages the creation of complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. The subject lands are within the Greenfield area, and outside of the built -up area. In Greenfield areas, growth is to make efficient use of services and infrastructure and be compact and transit - supportive. Reducing dependence on the automobile through the development of mixed use, pedestrian - friendly environments contributes to achieving complete communities. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 50 residents or jobs per hectare in the designated Greenfield area and is measured across the Region of Durham. The applications would satisfy the objectives of the Growth Plan (See Section 11.3 of this report for discussion on population and density). • 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. Green Road is identified as a Type `B' Arterial Road. 8 -52 REPORT f Development applications in designated Living Areas, shall have regard for the intent of this plan to achieve the following: • A compact urban form; • The use of good urban design principles; • The provision of convenient pedestrian access to public transit, educational facilities and parks; • A grid pattern of roads; • The provision and distribution of parks, trails and pathways and educational facilities; • The types and capacities of the existing municipal services and infrastructure; and • The balance between energy efficiency and cost. Regional Official Plan Amendment #128 (ROPA 128) assigns population and housing targets across the Region of Durham. Greenfield areas are required to achieve an overall gross density of 50 residents and jobs combined per hectare measured across the Region of Durham. (See Section 11.3 of this report for discussion on population and density). The applications conform to the Durham Regional Official Plan. 5.2 Clarin pton Official Plan In the Clarington Official Plan the subject lands are designated as Urban Residential with a Public Elementary School. The lands are within the Darlington Green Neighbourhood, which has a population allocation of 3200 and a housing unit target of 1300. Green Road is a Type `B' Arterial Road. The Official Plan contains policies specific to schools and gives direction on appropriate sizes and location. Clarington Official Plan Amendment 77 (OPA 77) contains policies on considering and improving the public realm of developments, including streets and boulevards. Window streets should be limited. The built form within new development should respect and reinforce the physical character of the established neighbourhood. OPA 77 encourages sustainable design by promoting energy efficiency and conservation, higher densities, efficient use of infrastructure, integration of transit and green development standards. Proposed Official Plan Amendment No. 92 is appropriate at this time, and otherwise conforms to the overall principles and goals of the Clarington Official Plan. 6.1 Zoning By -law 84 -63 zones the subject lands "Holding — Urban Residential Type Two ((H) R2) Zone ". The proposed 12.0 metre lots would satisfy the R2 zone requirements. 8 -53 . REPORT 'i 7.1 Planning Justification Letter Report The report prepared by GHD finds that the applications are consistent with the PPS and Growth Plan, and conforms to the Regional Official Plan and Clarington Official Plan. As the school site is no longer required, the proposed development would represent good planning. The site is supported by an existing transportation network, provides an appropriate mix of housing, and will make appropriate use of existing infrastructure and services. The proposed Official Plan amendment proposes to increase the housing target by 50 low density units to accommodate the additional residential growth in the neighbourhood. 7.2 Conceptual Servicing Report The report prepared by D.G. Biddle & Associates Limited confirms that water services will be extended from Buttonshaw Street and looped along Street W. Sanitary sewers will be constructed along Street 'A' and will drain east to the existing sanitary sewer along Green Road. The report also confirms that existing services are sized appropriately to accommodate the subject development. Stormwater for the site is split. The west half of the site drains towards Buttonshaw Street and ultimately to the Baseline Road Stormwater Management Pond. The' east half of the site drains to Green Road and ultimately to the Aspen Springs Stormwater Management Pond. The report also contains recommendations on sediment and erosion controls. 7.3 Noise FeasibilitV Study The study prepared by HGC Engineering assessed noise impacts from Green Road and the CP railway. The study followed the Ministry of Environment guidelines and recommended noise mitigation measures, such as: providing forced air heating to accommodate air conditioning units and the installation of noise fencing. Warning clauses have also been recommended and, through the subdivision agreement, will be required to be added to future purchase and sale agreements to inform future residents of the traffic noise impacts and to address sound level excesses. 7.4 Environmental SustainabilitV Brief The applicant prepared and submitted a brief to demonstrate the means in which the new residential development will be energy efficient and will reduce impact on the natural environment. The subdivision will make use of existing services and infrastructure and has good access to transit, schools, shopping and services. House designs will comply with the new building code requirements and will have fully insulated basements. Energy efficient materials and appliances will be utilized. Construction practices will include using local suppliers and trades and ensuring materials are recycled where possible. 8 -54 REPORT 7.5 Phase l Environmental Site Assessment A Phase I Environmental Site Assessment prepared by Geo -Logic Inc. did not find signs of contamination and concludes that the site is suitable for the proposed development. No further investigation is warranted. The Region of Durham has requested that a Reliance Letter and Certificate of Insurance be submitted prior to draft approval. 8.1 Two (2) individuals contacted Planning staff regarding the applications. One resident submitted an objection to the applications, requesting that the amendments not be approved, and that the school proceed. Another resident had questions regarding the details of the development and concerns that his property was marketed as being next to a future school site with access to the GO train. 9.1 Regional Planning has no objection to the applications. The Region finds that the applications are consistent with the PPS and that the subdivision be reviewed for compliance to the goals of the Regional Official Plan with respect to densities and land use. The applications pose no concerns to Durham Region Transit. The Region will require the subdivision agreement to implement the findings of the Noise Feasibility. Study, and requires a Reliance Letter and Certificate of Insurance be submitted from Geo -logic Inc prior to draft approval. The Region also highlights the current servicing limitations at the Port Darlington Water Pollution Control Plant. Upgrades are expected to be complete in the Spring of 2015. Municipal water and sanitary sewers are available and can be extended to service the site. Development of the lands will be delayed until such time the plant expansion has been completed. 9.2 Central Lake Ontario Conservation Authority ( CLOCA) has no objections to the applications. Existing service connections and stormwater management facilities appear adequate to accommodate the change. Further review will take place during the detailed design stage following approval of the draft plan of subdivision. CLOCA has provided suitable conditions of draft approval. 9.3 Kawartha Pine Ridge District School Board has no objection to the applications. 9.4 Enbridge, Rogers and Hydro One have no objection to the applications. 8 °55 REPORT 10.1 Emergency and Fire Services No fire safety concerns were identified. 10.2 Engineering Services Engineering Services Department has provided the following comments; Grading - A conceptual grading plan has been submitted which complies with the Master Grading Plan for the Darlington Green subdivision. Drainage and Stormwater Management - The applicant has submitted a Conceptual Servicing Report which complies with the intent of the Master Grading Plan in terms of existing perimeter grades and is in compliance with the Westside Creek Master Drainage Plan. The Engineering Services Department has minor comments with respect to the storm sewer system which can be addressed during the detailed design stage. ® On- Street Parking - The applicant has submitted an on- street parking plan which confirms that in addition to two outdoor parking spaces per lot, there is sufficient on- street parking for this particular development. ® Street Construction - The applicant will be responsible for any improvements to Buttonshaw Street that are deemed necessary to accommodate the proposed residential development. ® Green Road — The site should be serviced without impacting the travelled portion of Green Road. ® Phasing — The subdivision shall be constructed in a single phase. ® Sidewalks —A pedestrian connection is to be provided from the sidewalk on the east side of Buttonshaw Street to the park on the west side of Green Road. 10.3 aerations The Operations Department requests that the portion of Street A adjacent to Green Road should have an 18 m right -of -way. 11.1 School Boards request that lands be set aside for future schools in the Official Plan and in draft plans of subdivision. From time to time they are not constructed for a variety of reasons. The decision - making process lies with the local school board, in this case the Kawartha Pine Ridge District School Board. Students from this neighbourhood attend nearby Holy Family Catholic Elementary School or Dr. Ross Tilley Public School on West Side Drive. Students may also be bussed to French Immersion programs at other schools in Bowmanville. AM REPORT NO.: PSD- 021 -13 PAGE 9 11.2 Public concerns and comments on the applications may be focussed on the desire to have the school proceed, unfortunately the decision to terminate the option agreement to purchase the lands was made by KPRDSB on September 27, 2012. The Municipality of Clarington is not party to the decision - making process for the construction of schools. 11.3 The proposed 12.0 metres lots will provide housing types and styles that will be consistent with the character of the neighbourhood. The 42 new single detached lots proposed on 2.62 hectares results in a density of 48 persons per hectare, however, the surrounding plan achieves a density of approximately 64 persons per hectare as a result of the 201 townhouse and apartment development underway at the, northwest corner of Green Road and McBride Avenue. The applications are generally in keeping with the Provincial and Regional target of 50 persons per hectare measured across the Greenfield area. The proposed applications also comply with the zoning of the lands. 11.4 As a result of the termination of the option agreement, the owner has made application to develop the site for residential purposes. The size and type of units will be compatible with adjacent development. Proceeding with residential development on the subject lands is the logical alternative. The technical and supporting details of the submitted studies are acceptable to staff and agencies. 11.5 Conditions of draft approval have been prepared including standard conditions of approval that would have to be fulfilled as the subdivision application moves through the final stages. The owner of the lands will be required to enter into a subdivision agreement with the Municipality of Clarington. The applicant has provided their concurrence on the proposed conditions of draft approval. 11.6 All taxes payable to the Municipality of Clarington have been paid in full. 12. CONCURRENCE — Not Applicable 13.1 In consideration of the findings of all supporting studies, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the proposed Clarington Official Plan Amendment No. 92 (Attachment 3) and Draft Plan of Subdivision (Attachment 2) be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan 8 -57 REPORT D_0 1 Staff Contact: Anne Taylor Scott, Planner II Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Subdivision Attachment 3 - Proposed Official Plan Amendment 92 Attachment 4 - Clarington Official Plan Amendment Adopting By -law Attachment 5 - Proposed Conditions of Draft Approval Attachment 6 - By -law Authorizing Subdivision Agreement List of interested parties to be advised of Council's decision: Kelvin Whalen, West Diamond Properties Inc. Patrick Cruikshank Yeatbark Aschagria Am 00 I C-n co Property Location Map (Bowmanville Owner: West Diamond Properties Inc Y I ---I 0 CD -0 0 > 0 0 CD Holy Family Catholic Elementary School McBRIDE AVENUE Baxter Park LLJ W 2 23 24 25 0 Z LLJ 1 FUTURE U) z PARK D Street 'A' Lands designated 4 r� 'C. 41 4' for Residential Development A/ — REMINGTON ST Property Location Map (Bowmanville Owner: West Diamond Properties Inc Y I ---I 0 CD -0 0 > 0 0 CD ii I Attachment 2 To Report PSD-021-13 PROPOSED DRAFT PLAN OF SUBDIVISION OF PART OF LOT 17, CONCESSION 1 MUNICIPALITY OF CLARINGTON �REGIONAL MUNICIPALITY OF DURHAM LOW OBSITY KSOMTTAL FRONT S — L03 +2 LOiS /430M19 TOTAL 4 UMTS RESIDMnAL TOTAL AREA RESQENTIAL 1.91 ha ROADS iOT/�1 AREA OF �JBUIS_S'ON 2.62 h. INFORMATION 33.5 BY) ',2 2\ �3 2 10\ �2 18 9 \p II II y1� I ',12.2 12.2 \12.2 \\\\5 \\� , i r ii I Attachment 2 To Report PSD-021-13 PROPOSED DRAFT PLAN OF SUBDIVISION OF PART OF LOT 17, CONCESSION 1 MUNICIPALITY OF CLARINGTON �REGIONAL MUNICIPALITY OF DURHAM LOW OBSITY KSOMTTAL FRONT S — L03 +2 LOiS /430M19 TOTAL 4 UMTS RESIDMnAL TOTAL AREA RESQENTIAL 1.91 ha ROADS iOT/�1 AREA OF �JBUIS_S'ON 2.62 h. INFORMATION BY) ..S C R FlCA E SURVEYOR'S CERMCAX II II I DARLINGTON GREEN, 18T-90051 Rx89168 D.C. DP-1 Attachment 3 To Report PSD- 021 -13 I_l►l *fir ► ► • PURPOSE: The purpose of this amendment to.the Municipality of Clarington Official Plan is to remove the Public Elementary School Symbol west of Green Road, south of McBride Avenue, east of Buttonshaw Street, and north of Remington Street on Map A3 Land Use Bowmanville Urban Area and to increase the ' population and low density housing targets for the N12 Darlington Green neighbourhood in the Municipality of Clarington Official Plan. LOCATION: The subject. lands are located west of Green Road, south of McBride Avenue, east of Buttonshaw Street, and north of Remington Street, in Bowmanville, within Part of Lot 17, Concession 1, in the Municipality of Clarington. BASIS: This amendment is based upon an Official Plan Amendment Application filed by West Diamond Properties Inc. for the future development of 42 single detached dwelling units (S -C- 2012 - 00'04) on a site no longer required by the local school board. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: i) By Amending Map A3 "Land Use Bowmanville Urban Area" as shown on Exhibit "A" to delete the Public Elementary School Symbol from the subject lands. ii) By Amending Table 9 -2 "Housing Targets by Neighbourhood" as it applies to the Bowmanville Neighbourhood "N12 Darlington Green" to reflect the following: a) Low Density Units from 675 to 725; b) Total Units from 1300 to 1350; and C) Amending all corresponding totals. iii) By amending Map H2 "Neighbourhood Planning Units — Bowmanville Urban Area" by changing the population of the Darlington Green Neighbourhood (12) from "3200" to "3350" as illustrated in Exhibit "B ". IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended; regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended; regarding the interpretation of the Plan shall apply in regard to this amendment. • "Exhibit.'A ", Amendment No.92 To The Municipality of Clarington Official Plan ", 0 121 — 500 - 1X0 1. Ares ® s m URBAN BOUNDARY ®FUTURE URBAN RESIDENTIAL URBAN RESIDENTIAL OMEDIUM DENSITY RESIDENTIAL PRESTIGE EMPLOYMENT AREA LIGHT INDUSTRIAL AREA ®GENERAL INDUSTRIAL AREA - BUSINESS PARK UTILITY ENVIRONMENTAL PROTECTION AREA .* TOURISM NODE jaPUBLIC SECONDARY SCHOOL EUSEPARATE SECONDARYSCHOOL PRIVATE SECONDARY SCHOOL PUBLIC ELEMENTARY SCHOOL SEPARATE ELEMENTARY SCHOOL L En MAP A3 O RESIDENTIALY ® GREEN SPACE a ERIV ENTARY SCHOO LAND USE WATERFRONT SECONDARY BOWMANVILLE URBAN AREA TOWN CENTRE ® GREENWAY PLANNING AREA NEIGHBOURHOOD COMMUNITY PARK .•.•..•.. SPECIAL POLICY AR OFFICIAL PLAN CENTRE MUNICIPALITY OFCLARINGTON HIGHWAY COMMERCIAL '® DISTRICT PARK ••••••••••• SPECIAL STUDY AREA APRIL, 2012 AGGREGATE EXTRACTION AREA ®NEIGHBOURHOOD PARK GO STATION 11 BROOKHILL (3900) 2 TOWN CENTRE NO 14 WAVERLY (4200) FENV ra�r MEMQRI (40,00) HIGHWAY 401 15 PORT DARLINGTON (2950) ro °a 0 1 LAKE ONTARIO 1 I 1 I 1 r I 1 1 1 oI it 1 zl m 1 URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (1000) POPULATION MAP H2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN ' MUNICIPALITY OF CLARINGTON APRIL,2012 - 0 2255 450 900 1,350 1,800 REFER TOSECTIONS SAND9 1X15 CONS W Metres OAitON lS PPO✓10® FOR CONVENENGEONIY N:0 REFRESFMS REGUESIED hiCOIFlCATCNS pNOAPPROVGI r 0 J ' z O I w r � 11 BROOKHILL (3900) 2 TOWN CENTRE NO 14 WAVERLY (4200) FENV ra�r MEMQRI (40,00) HIGHWAY 401 15 PORT DARLINGTON (2950) ro °a 0 1 LAKE ONTARIO 1 I 1 I 1 r I 1 1 1 oI it 1 zl m 1 URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (1000) POPULATION MAP H2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN ' MUNICIPALITY OF CLARINGTON APRIL,2012 - 0 2255 450 900 1,350 1,800 REFER TOSECTIONS SAND9 1X15 CONS W Metres OAitON lS PPO✓10® FOR CONVENENGEONIY N:0 REFRESFMS REGUESIED hiCOIFlCATCNS pNOAPPROVGI Attachment 4 To Report PSD- 021 -13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013- being a By -law to adopt Amendment No. 92 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by -laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to allow for the development of 42 single detached dwelling units in Bowmanville (COPA 2012- 0007); NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 92 ' to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By -law shall come into force and take effect on the date of the passing hereof. BY -LAW passed in open session this day of 2013. AM Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to remove the Public Elementary School Symbol west of Green Road, south of McBride Avenue, east of Buttonshaw Street, and north of Remington Street on Map A3 Land Use Bowmanville Urban Area and to increase the population and low density housing targets for the N12 Darlington Green neighbourhood in the Municipality of Clarington Official Plan. LOCATION: The subject lands are located west of Green Road, south of McBride Avenue, east of Buttonshaw Street, and north of Remington Street, in Bowmanville, within Part of Lot 17, Concession 1, in the Municipality of Clarington. BASIS: This amendment is based upon an Official Plan Amendment Application filed by West Diamond Properties Inc. for the future development of 42 single detached dwelling units (S -C- 2012 -0004) on a site no longer required by the local school board. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: i) By Amending Map A3 "Land Use Bowmanville Urban Area" as shown on Exhibit "A" to delete the Public Elementary School Symbol from the subject lands. ii) By Amending Table 9 -2 "Housing, Targets by Neighbourhood as it applies to the Bowmanville Neighbourhood "N12 Darlington Green" to reflect the following: a) Low Density Units from 675 to 725; b) Total Units from 1300 to 1350; and C) Amending all corresponding totals. iii) By amending Map H2 "Neighbourhood Planning Units — Bowmanville Urban Area" by changing the population of the Darlington Green Neighbourhood (12) from "3200" to "3350" as illustrated in Exhibit "B ". IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended; regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended; regarding the interpretation of the Plan shall apply in regard to this amendment. Attachment 5 To Report PSD- 021 -13 CONDITIONS OF DRAFT ,APPROVAL .FILE NO.: S ®C- 2012 -0004 DATE: FEBRUARY 28, 2013 1.. The Owner shall have the final plan prepared on the basis of approved draft plan" of subdivision S -0=2012 -0004 prepared by GHD- identified as project number 89168, dated September, 2012,which illustrates 42 single detached lots having a. minimum lot frontage of 12.0 metres. 2. The Owner shall dedicate to the Municipality of Clarington the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name. road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 5. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 6. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 7. The Owner agrees that the subdivision shall be constructed, in a single phase by not more than one registration. 8. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 9. The Owner shall convey 5.0 metre x 5.0 metre sight triangles at the intersection of Street 'A' and Buttonshaw Street and at the corners of Lots 26 and 32 to the Municipality of Clarington. 10. The Owner shalt grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 11. The Owner shall submit a geotechnical soils analysis to the Municipality of Clarington for approval. 12. The Owner agrees to construct the service connections to Lots 11 -17 prior to the placement of surface asphalt on Buttonshaw Street. 13. The Owner shall.provide and install sidewalks, street trees and street fights, as per the Municipality's standards and criteria, on Street 'A' and along the frontage of Buttonshaw Street. 14. The Owner shall be 100 % responsible for the cost of any improvements to Buttonshaw Street that are deemed necessary to accommodate the proposed residential development. 15. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. - 16. The - Builder shall include a disclosure in all purchase and sale agreements advising home buyers of Municipal parking regulations, to the satisfaction of the Director of Planning Services. 17. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 18. The Owner. shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 19. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location. of the building on the lot has been approved by the Municipality of Clarington. , 20. No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services, 21. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. EM 22. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By -law' as amended' from time to time, as well as payment of a. portion of front end changes pursuant to the Development Charge Act if any are required to be paid by the Owner. 23. The Owner shall, supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the .40M Plan proposed for.registration. 24. , The Owner.is required to submit a signed Record. of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 25. Prior to any on -site grading or construction or final. registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake .Ontario Conservation. Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with Westside Creek Master Drainage Study; b) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after' construction in accordance with the provincial guidelines. The report must outline all actions to be, taken to prevent an increase in the concentration of solids in any water body as a result of on- site or other related works, to comply with the Canada Fisheries Act; and 26. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and. Technical Review Fees as per the approved Authority Fee Schedule. 27. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendation of the report, entitled Noise Feasibility Study Site prepared by HGC Engineering, dated November 7, 2012 which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title,. date and any revisions /addenda) and shall include any required warning clauses identified in the study. 28. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington AIWI concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 29. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan That are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. IAll arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be- completed. prior to final approval of this plan. 30. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that-adequate water pollution control plant and water supply plant capacities are available to the service the proposed subdivision. 31. The Regional Municipality of Durham shall be satisfied that sanitary sewer and water supply services have been installed,, or shall be installed, in the abutting /adjacent plan of subdivision 40M -2378. 32, The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in locafion and of such widths as determined by the Region of Durham. 33, The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 34. The Developer is ,hereby.advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire -line communication /telecommunication. - infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the . connection to and /or extension of the existing communication /telecommunication infrastructure. If the Developer elects not to pay for such connection to and and /or - extension of 'the existing communication /telecommunication infrastructure, the Developer shall be required to demonstrate to the Municipality that sufficient alternative communication /telecommunication facilities are available within the proposed .development' to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (i.e.-911 Emergency Services). Am 35. The Owner shall ,agree in the Agreement,. to -grant to the telecommunication provider any .easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the 'event of any conflict with existing .telecommunication provider facilities o,r easements, the Owner shall be responsible for the relocation of such facilities or easements. 36. The Owner agrees to coordinate the preparation of an oVerall'utility distribution plan to the satisfaction of all effected authorities. 37. The Owner shall grade all streets to final elevation prior to the. installation of the gas lines and provide the ,necessary field survey information required for the installation of the gas lines, ail to"the satisfaction of natural gas distributor. 38. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. 39. The. subdivision agreement between the Owner and * the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include .information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Westside Creek Master Drainage Study as they apply to this site to the satisfaction of the Central Lake Ontario Conservation Authority. c) The Owner agrees to maintain, all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central, Lake Ontario Conservation Authority. d) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on -site works. e) That the Builder includes a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. f) The Owner agrees to implement those noise control measures and place the required noise warning clauses in all agreements of purchase and sale between the Developer and all prospective home buyers as recommended in the Noise Feasibility Study outlined in Condition 25. MW t 40. Prior to final, approval of this plan for registration, the Director. of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Central Lake Ontario Conservation Authority, how Conditions 25 and 26, 39 b), 39 c); and 39 d) have been satisfied; and, b) Durham Regional Planning Department, how Conditions xxxx have been satisfied. NOTES TO DRAFT ARPROVAL 1.. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipa'lity of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 4. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan.. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario. Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579 -0411. b) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3 (905) 668 -7721. KIM l Attachment 6 To Report PSD- 021 -13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO, 2013- being a By -law to authorize entering into an Agreement with the Owners of Plan of Subdivision S -C- 2012 -0004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S -C- 2012 -0004 WHEREAS the Council on March 25, 2013 approved Draft Approved Plan of Subdivision S- C- 2012 -0004 located in Part Lot 17, Concession 1, former Township of Darlington and authorized the execution of a Subdivision Agreement with the Owner; AND WHEREAS the Owner(s) of draft Plan of Subdivision S -C- 2012 -0004 is now ready to proceed to finalize the Subdivision Agreement; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Agreement between the Owners of Plan of Subdivision S -C- 2012 -0004. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of Lands required pursuant to the aforesaid Agreement. BY -LAW passed in open session this 25th day of March, 2013 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-%2 Dater March 18, 2013 Resolution: Ry ®lave #: Report#: EGD- 010 -13 File #: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report EGD- 010 -13 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD- 010 -13, as Attachment 1, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; and 3. THAT the by -law attached to Report EGD- 010 -13, as Attachment 4, be forwarded to Council; and 4. THAT a copy of Report EGD- 010 -13, Council's resolution and the by -law be forwarded to the Regional Municipality of Durham. Submitted by:� ' "" Reviewed by:�� A. . Canng(la, C. rf. Franklin Wu, Di ector of Engin 'ering Chief Administrative Officer ASC /RP /bc /jo February 20, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905 - 623 -3379 9 -1 • ZL 19 ! 1 1 1.1 On April 26, 2010, the Municipality of Clarington entered into an agreement with the Region of Durham Health Department for the purpose of delegating to the Region the responsibility for the administration and enforcement of small capacity sewage systems (up to 10,000 litres per day) in the Municipality of Clarington. This agreement was valid for a period of 3 years and expired on March 31, 2013. 1.2 During the past three years our arrangement with the Region of Durham has worked well for the Municipality and it is for this reason that staff would like to continue to delegate the responsibility of administration and enforcement with respect to small sewage systems, to the Region of Durham for an additional period of three (3) years. 2.1 The Durham Region Health Department has drafted an agreement (Attachment 1) which will allow them to continue the enforcement of small sewer systems. The agreement covers a period of three (3) years commencing April 1, 2013 and ending March 31, 2016. It should be noted that any party may terminate the agreement for any reason upon giving 180 days prior written notice to the other party. The agreement also allows the Region to prescribe fees for sewage system applications and other services that reflect the actual costs of administering the program. 2.2 The Region of Durham has increased the user fees for septic approval and attached is a copy of Schedule "A" with the 2010 user fees (Attachment 2) and Schedule "A" with the 2013 to 2015 user fees (Attachment 3), for comparison. These fees are determined on a cost recovery basis and including a 3% annual increase. WIA REPORT NO.: GD- 010 -13 PAGE 3 2.3 Staff have reviewed the agreement as attached and based on our experience with the previous agreement we are confident that it represents the interests of the Municipality of Clarington. 2.4 The attached by -law (Attachment 4) is necessary to confirm Council's decision to extend the transfer of authority for small capacity sewage systems to the Regional Municipality of Durham for an additional three (3) year period. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Rick Pigeon, Chief Building Official Attachments: Attachment 1 - 2013 Sewage System Management Agreement Attachment 2 - Schedule "A" of 2010 Sewage System Management Agreement Attachment 3 - Schedule "A" of 2013 to 2015 Sewage System Management Agreement Attachment 4 - Proposed by -law List of interested parties to be advised by Council's decision: Not Applicable 9 -3 SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the Istday of'April, 2013 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality ") WHEREAS the Region and the Municipality entered into an agreement, dated April 1, 2013 expiring March 31, 2016, for the purpose of delegating to the Region the enforcement of certain responsibilities under the Budding Code Act, 7992, S.O. 1992, c. 23, as amended (the "Act') and Building Code made thereunder relating to Sewage Systems, pursuant to subsection 6.2(1) of the Act; AND WHEREAS the parties are desirous of executing a renewal agreement for a further three (3) year term; NOW THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: ARTICLE ONE APPLICATION Section 1,01 - Application This Agreement shall be applicable to all lands where access to municipal sewers /infrastructure 'is unavailable iri the Municipality (the "Lands "). Section 1.02 -.Duties The Health Department shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement and any other legislation contemplated hereunder. ARTICLE TWO DEFINITIONS Section 2.01 - Definitions Attachment 1 To .Report EGD- 010 -13 In this Agreement, (i) "Sewage System" means, (a) a chemical toilet, an incinerating toilet, a recirculating toilet, a self - contained portable . toilet and all forms of privy including portable privy, a pail privy, a privy vault and a composting toilet system, (b) A greywater system, (c) A cesspool, (d) A leaching bed system, or (e) A system that requires or uses a holding tank for the retention of hauled sewage at the 'site where it is produced before its collection by a hauled sewage system, Where these, (f) have a. design capacity of 10,000 litres per day or less, (g) have, in total, a design capacity of 10,000 litres per day or less, (h) where more than one of these are located on a lot or parcel of land, and (1) are located wholly within the boundaries of the lot or parcel of land on which is located the building or buildings they serve. (ii) "Inspector" means an inspector appointed under subsection 6.2(3) of the Act; 9 -4 (iii) "Building Code" means Regulation 350/06 made under the Act. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 — Services The Health Department shall provide the following services in relation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance, where no municipal sewage services are proposed, to ensure that each lot will be suitable for the installation of a Sewage System, including compliance with the Region of Durham "Drilled Wells and Lot Sizing Policies as Applied to Consents (Severances) and Draft Plans of Subdivision ", October 2010 as amended. (ii) Inspect properties prior to the issuance of a building permit under the Act or Building Code for the construction, installation, establishment, enlargement, extension, repair or alteration of a Sewage System; (iii) Issue building permits under the Act and Building Code relating to Sewage Systems; (iv) Following the issuance of a building permit under the Act or Building Code, inspect and re- inspect, when necessary, Sewage Systems to ascertain compliance with the building permit and other requirements under the Act or Building Code; (v) Carryout land inspections to determine the acceptability of applications and provide reports and comments directly to the appropriate authority for minor variances, site plans, rezoning, official plan amendments, consents /severances, and building additions to ensure compliance with provisions of the Act and Building Code as they relate to existing,and proposed Sewage Systems; (vi) Receive and process building permit applications and inspections within the timeframes established in Division C of the Building Code related to activities listed in paragraphs (1) through (v) of this section; (_vii) Review all pertinent documents to ensure compliance with all applicable legislation, policies and guidelines relating to Sewage Systems; (viii) Attend meetings of Municipal Council and their committees to discuss matters relating to Sewage Systems; (ix) As an agent for the Municipality, maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. Such records to be maintained in accordance with the Region of Durham's Record Retention Policy as containeOn the Region of Durham's by -laws; (x) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01 (Ix) above; (xi) Consult with various groups regarding compliance with provisions relating to Sewage Systems; (xii) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M56. as amended, or through any other legal channel; (Ail) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation, of reports for abatement action, as they relate to existing and proposed Sewage Systems; (xiv) Issue orders under the Act relating to Sewage Systems; (xv) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage 9 -5 Systems pursuant to the Provinclal Offence's Act, R.S.O. 1990, c. P.33. (xvi) Provide, all forms necessary for the administration of this Agreement; (xvii) Provide any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. (xiii) Attendance at hearings of the Ontario Municipal Board, and other tribunals, as required. Section 3.02 — Maintenance Inspections Not Included Nothing in this contract provides for the provision by the Health Department of any services related to maintenance inspections, re- inspections or other related services which may be required under any discretionary or mandatory re- inspection program which may be undertaken by the Municipality. In the event that such Is desired or required by the Municipality during the term of this Agreement a separate Agreement will be required to provide for those services. ARTICLE FOUR FEES Section 4.01 -.Collection of Fees The Regional Council agrees to pass an amending by -law requiring the payment of fees on applications for and issuance of permits and other services as set out in Schedule "A ". The fees will be collected by the Health Department at the time of the application. In the alternative, the Municipality shall collect the fees on behalf of the Region and remit the fees collected to the Health Department together with the completed application to which the fees apply. Section 4.02 - Collection of Fee Schedule The Regional Council shall have the sole discretion, acting reasonably, to further amend the fees as set out in Schedule A from time to time. Section 4.03 — Surplus Proceeds If the revenues collected exceed the expenditures for the services provided under this Agreement, the surplus shall be remitted to the general revenues of the Region of Durham. . ARTICLE FIVE INSPECTORS Section 5.01 — Qualifications of Inspectors The Municipality agrees that only Health Department personnel meeting the following qualifications shall be employed as an Inspector for the purposes of this Agreement; (a) a person qualified to be employed as a full time certified Public Health Inspector (CPHI(C)); and (b) a person qualified as a sewage systems inspector prescribed by the Ontario Building Code. Section 5.02 - Appointment of Inspectors The Regional Council shall'be responsible for the appointment of all Inspectors for the purposes of this Agreement pursuant to subsection 6.2(3) of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature, or reasonable facsimile, of each inspector appointed by the Regional Council. Section 6.01 - Indemnification ARTICLE SIX INDEMNIFICATION AND INSURANCE The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any,manner based upon, arising out of, related to, occasioned by or attributable to the activities of the Health Department in executing the work under this Agreement, provided such claims are caused by errors, negligent acts or omissions of the Health Department employees appointed pursuant to this Agreement (including authorized agents and contractors for whom the Region is in law responsible), and express ly.excluding any claims, demands, losses, costs, damages, actions, suits or proceedings attributable, in whole or in part, to the errors, negligent acts or omissions of the Municipality (including authorized agents and contractors for whom the Municipality is in law responsible). Section 6.02 - Insurance For the term of this Agreement, the Region will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, set out in Schedule B. ARTICLE SEVEN TERM AND TERMINATION Section 7,01 - Term This Agreement shall continue in force for a period of three years commencing April 1, 2013 and ending March 31, 2016. Section 7.02 - Termination The Municipality may terminate this Agreement on 180 days written notice if the Health Department does not: (a) adhere to the provisions of the Act and Regulations; or (b) exercise any discretionary powers of an approval authority, acting reasonably, in the public interest; and the Health Department has not taken steps satisfactory to the Municipality within the 180 -day period to remedy the matter complained of in the written notice. Section 7.03 — General Termination Either party may terminate this Agreement with not less than 180 days notice. Section 7.04 — Records on Termination In the event of the termination of this Agreement or where a Municipality does not renew or enter into a subsequent Agreement for the provision of the services, the Health Department shall provide to the Municipality all records kept under subsection 3.01(x). ARTICLE EIGHT MISCELLANEOUS Section 8.01 - Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02 - Gender. Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masculine gender shall ' include the feminine and neuter genders. Section 8.03 - Amendments g_7 This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 - Assignment • This Agreement shall not be assignable by either party hereto without the consent of the other party being first obtained. Section 8.05 - Notices Any notice, report or other communication required or permitted to be given hereunder shall be -in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be •given by being delivered or mailed to the following addresses of the parties respectively: (a) To the Health Department: The Regional Municipality of Durham Health Department 605 Rossland Rd, E Whitby, Ontario L1 N 6A3 Attention: Medical Officer of Health (b) To the Municipality: The Corporation of the Municipality of Clarington 40 Temperance St Bowmanviile, ON L1 C 3A6 Attention: Patti L. Barrie Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty -eight hours thereof there shall be a strike, interruption or lock -out in the Canadian postal service, in which case service shall be byway of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this section 8.05. Section 8.06 - Headings The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section•8.07 —.Binding Effect and Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, executors, administrator's and,successors (including successors brought about by municipal reorganization or restructuring), and to the extent permitted hereunder, their permitted assigns. Section 8.08 - Waiver No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any other instance will be deemed to be a waiver with respect to any other instance• involving the exercise of the right of with respect to any other such right. Section 8.09 - Governing Law The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. IN WITNESS WHEREOF the parties have executed this Agreement. = THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair Per: P.M. Madill, Regional Clerk MUNICIPALITY Per: Adrian Foster, Mayor Per: Patti L. Barrie, Clerk =111 SCHEDULE W USER FEES SCHEDULE: ACTIVITIES OBC ACTIVITIES Single Family Dwelling - $ 800.00 Building Permit for a Private Sewage System Non- Residential / Institution - $ 800.00 (previously known as Certificate of Approval under EPA) ' Large (Commerclal /Industrial? - >4,500 - 10,000 Uday - $1,700.00 Building Permit for septic tank - $400.00 replacement only Building Additions - $300.00 (site assessment) - $125.00 (once assessment) Bldg. Permit for sewage system - $150.00 (per application) Extensions (1 year) REGION ACTIVITIES Mortgage / Property Assessments $ 400.00 (per a lication Lot Consents - $ 225.00 (per lot) Draft Plans of Subdivision (new) - $ 325,00 (perlot creation) Draft Plans of Subdivision that had not received draft approval & $ 325.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had - $ 225.00 (per lot creation) received draft plan approval & (note. subdivision assessment involves geo- technical & application processed prior to 1998 hydro - geological reviews) requiring reassessment Rezonings, Official Plan $ 225.00 (per application) Amendments, Minor Variances, Site - servicing Plans Cemetery Assessments - $ 10,00 (perplot) Lawyers' Letters - $ 225.00 (per application) Peer Review - $ 225.00 (per application) 9 °10 Attachment 2 To Report EGD- 010 -13 gCHEDULE "A" OBC ACTIVITIES 2013 -2016 USER FEES 2013 2014 2015 Residential $824.00 $848.00 $874.00 Glass 4 and 5 systems (Building occupancy Other <4,500 L /day <4,500 L /day <4,500 L /day Permit for sewage system) occupancies (non - residential, $824.00 $848.00 $874.00 commercial, industrial, >4,500 - 10,000 >4,600:-10,000 >4,500 - 10,000 Institutional) L/clay $1,751.00 L/day $1,803.00 L/day $1,857.00 Class 2 and 3 systems, and Building Permit for treatment All Occupancies $412.00 $424.00 $437.00 unit/tank replacement only Building Additions per application $200.00 $206.00 $212.00 Building Perm itforsewage per application $154.00 $159.00 $164.00 system extension 1 ear REGION ACTIVITIES Fees for Fees for Fees for 2013 2014 2015 Lot Consents (Severances) per application $463.00 $477.00 $491.00 (severed parcel and retained - arcel New application -plans of per lot creation $334.00 $344.00 $355.00 Subdivision Draft Plans of Subdivision- had per lot creation $334.00 $344.00 $355.00 not received draft approval & application processed prior to 1998 requiring reassessment Draft Plans of Subdivision- per lot creation $231.00 $238.00 $245.00 received draft plan approval & application processed prior to 1998 requiring reassessment (note: subdivision assessment involves reviewing geo- technical, hydro- and peer review reports) -geological, R &zonings, Official Plan per application $231.00 $238,00 $245.00 Amendments, Minor Variances, ' Site-servicing Plans Lawyers' written requests per request $231.00 $238.00 $245:00 Examine Peer Review reports per initial report $231.00 $238.00 $245.00 per follow-up $100.00 $103.00 $106.00 report(s) Attachment 3 To Report EGD- 010 -13 9 -11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013- being a By -law to authorize an agreement between the Corporation of the' Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect to sewage systems NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington. 2. THAT this agreement attached hereto as Schedule "A" form part of this By -law. BY -LAW passed in open session this _ day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 9 -12 Attachment 4 To Report EGD- 010 -13 x Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution By-law : Report EGD- 011 -13 File : It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD- 011 -13 be received for information. Submitted by: A. fS. Cannella, C.E.T. Director of Engineering Services ASC /bb Reviewed by: Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623 -3379 F (905)623 -1824 9 -13 REPORT NO.: 1 = 1.1 With respect to the Building Permit Activity for the month of FEBRUARY 2013, Staff wish to highlight the following statistics for the information of Committee and Council. 111WIL411 t01AIM 2013 .2012 2012 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2013 -2012 Residential 25 $3,194,904 13 $1,894,556 68.6% Industrial 3 $1,036,534 0 $0 N/A Government 0 $0 2 $25,442 N/A Commercial 4 $10,042,000 0 $0 N/A Institutional 4 $30,000 0 $0 N/A Agricultural 0 $0 1 $19,800 N/A Demolition 7 $0 8 $0 N/A TOTAL 43 $14,303,438 24 $1,939,798 637.4% 111WIL411 t01AIM •_ 2013 2012 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2013 -2012 Residential 91 $16,361,885 46 $6,645,938 146.2% Industrial 5 $5,076,534 1 $2,000,000 153.8% Government 0 $0 2 $25,442 N/A Commercial 8 $11,609,000 3 $183,600 6,223.0% Institutional 4 $30,000 2 $53,000 -43.4% Agricultural 0 $0 5 $159,978 N/A Demolition 13 $0 10 $0 N/A TOTAL 121 $33,077,419 69 = $9,067,958 264.8% •_ REPORT NO.: EGD- 011 -13 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: -' f Construction TvK)e Location Value Addition and Alterations 2383 Highway 2, Bowmanville $10,000,000 to Zellers for Target Store Energy from Waste 72 Osborne Road, Courtice $350,000 Facility (Fire Water Pumphouse - Foundation) Energy from Waste 72 Osborne Road, Courtice $650,000 Facility (Fire Water Storage Tank - Foundation) 9 -15 REPORT NO.: EGDm011 -13. PAGE 4 The following is a comparison of the types of dwelling units issued for the month of FEBRUARY" and "YEAR TO DATE ". Dwelling Unit Type "FEBRUARY" 2013 1 $20,00 Apartment 0 8% Townhouse I 0% $12,00 N 1 11 5 ! Single $8,001111 Detached $6,00 111 42% $4,00 111 ■ ■ -■ ■ $2,00 111 ■ ■ -■ ■ 1 ■_- - ■■A I [�. Semi- Detached 50% !- Single Detached 5 �- Semi-Detached 6 Townhouse Apartm ent 1 Dwelling Unit Type "YEAR TO DATE 2013" 2 10 _Apartment Town house- 3% 18% 21 Single Detached 37% 24 Semi Detached 42% ' Single Detached 21 .J Semi - Detached 24 El Townhouse 10 ' Apartment2 The following is a historical comparison of the building permits issued for the month of "FEBRUARY" and "YEAR TO DATE" for a three year period. Historical Data for Month of " FEBUARY' $20,00 $18,00 $16,00 $14,00 1 111 $12,00 N 1 11 ■ ■ -- a $10,00 a ■ __ ■ $8,001111 ■ ■- $6,00 111 ■ ■- ■ $4,00 111 ■ ■ -■ ■ $2,00 111 ■ ■ -■ ■ 1 ■_- - ■■A I Historical Data "YEAR TO DATE" $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 2013 2012 2011 IValuej $33,077,419 $9,067,958 $12,166,648 ■ __ ■ $33,077,419 $9,067,958 $12,166,648 2013 2012 February Year to Date February Year to Date $ 82,569 $ 206,828 $ 14,150 $ 66,014 l _ 7- = ti -z 2013 2012 February 2013 Year to Date February Year to Date Building Inspections 477 Year to Date 1,040 518 Year to Date 1,008 Plumbing & Pleating Inspections 663 1,360 737 1,380 Pool Enclosure Inspections 0 6 1 0 0 0 TOTAL 1,140 2,401 1,255 10 2,388 -z 9 -17' 2013 2012 February Year to Date February Year to Date Single Detached 5 23 5 20 Semi - Detached 6 22 0 0 Townhouse 0 10 0 0 Apartments 1 2 1 2 TOTAL 12 57 6 22 9 -17' XESIDENTIAL UNITS HISTORICAL COMPARISON YEAR- 2013 (to end of 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 AREA February) Bowmanville 20 291 360 282 98 340 451 609 307 587 468 Courtice 13 179 312 236 113 134 82 126 241 173 180 Newcastle 22 33 165 37 24 60 77 84 202 191 123 Wilmot Creek 0 2 5, 8 9 30 16 15 15 25 29 Orono 1 1 1 1 0 2 1 1 1 2 0 Darlington 0 6 5 8 6 10 6 7 14 15 13 Clarke 1 10 8 6 11 5 11 12 13 10 16 Burketon 0 0 0 1 0 0 0 0 1 1 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 3 0 3 2 0 0 1 1 1 0 Hampton 0 1 1 0 0 0 0 1 0 0 3 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 0 0 1 1 0 1 0 0 1 0 Kirby 0 0 0 1 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 0 0 Maple Grove 0 0 0 0 0 0 0 0 0 0 1 Mitchell Corners 0 1 1 0 0 0 1 0 0 1 0 Newtonville 0 6 3 7 5 7 2 2 4 5 3 Solina 0 3 1 1 5 0 6 3 3 3 3 Tyrone 0 1 0 1 1 0 5 0 0 0 0 3 TOTALS 57 536 863 593 274 593 655 861 802 1,015 843 2. CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Rick Pigeon, Chief Building Official mm Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution: y -law: Report#: EGD- 013 -13 File: Subject: ST. STEPHENS ESc c_, 2 STAGE 113, PLAN 40M-2048 BOWMANVILLE 'CERTIFICATE OF A ■ Y " j D 'ASSUMPTION ( FINAL ROADS A OTHER RELATED It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report�EGD- 013 -13 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M -2048 (Part of); and 3. THAT Council approve the by -law attached to Report EDG- 013 -13, assuming a certain street within Plan 40M -2048 as public highway. Submitted by: NAC /ASC /dv A. S. Cannella, C.E.T. Director, Engineering Services Reviewed by: a_�� Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 9 -20 INA ' • • 1 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 31, 1999, with St. Stephen's Estates Inc. to develop lands by plan of subdivision, located in Bowmanville and included lands described as Plan 40M -2048 (part). (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street Lighting System; and d) Stormwater Management S s(not applicable) 1.3 The project was subsequently divided into Stages 1A and 1 B. The Initial Works and Street Lighting System for both stages were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services. 1.4 In addition, the Final Works for Stage 1A were issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services. 1.5 The Final Works for Stage 1 B were issued a 'Certificate of Completion' dated September 1, 2011. This initiated a one (1) year maintenance period, which expired on September 1, 2012. The Works were re- inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 9 -21 ff•r. WE gwgE 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works for Stage 1 B. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works, 1.7 Further to the issuance of a 'Certificate of Acceptance', a by -law is required to permit the Municipality to assume a certain street within Plan 40M -2048 as public highway (Attachment 2). • . � .. .. - CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Norman A. Clark, Manager of Construction Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By -Law List of interested parties to be advised of Council's decision: Not Applicable 9 -22 v m c� c r n a ELDAD i.rig� Imm Phase 2 Stage Part 40M-2048 IRELAND STREET / /numnnn= `uuunnnn. � _ IIIIIIIIIIIB =111 �� IIIII _�IIIIIIII __ocIIIIIIIII / =��= 1 =� �_ __ �__ � •1111`, � IIII� Q �; .... MIRIA 1111111111111► ,s,�D�`\� \ \��`• /O�� W z W U) z w CRESCENT oil mi LED! "111111111 tl 1111 �10 4 1-0 E J EMINAWNUM s op1-r N W�Q s DRAWN BY: E.L. DATE: March 6, 2013 REPORT EGO- 013 ®13 ATTACHMENT NO. 1 G:\Attachments\40M-2048.mxd ATTACHMENT2 TO REPORT EGD- 013 -1.3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2013- Being a By -law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of- the Municipality of Clarington hereby enacts as follows: 1. THAT the street shown on Plan 40M -2048, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by the Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: Sprucewood Crescent BY -LAW passed this _t" day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Cladyngton OPERATIONS DEPARTMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD- 007 -13 be received for information. Submitted by: Reviewed by: Fr d 7 Der r of Operations FH /sh March 8, 2013 Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 10 -1 10101''iIiii FTW11111 • 11" M 1.1 April 21 to 27, 2013 is PITCH -IN CANADA WEEK. PITCH -IN CANADA started in 1967 when a group of citizens in British Columbia decided to hold a clean up event in Victoria. This program has grown to the largest environmental improvement campaign in Canada. Pitch - In activities such as cleaning up litter and garbage from urban, rural and wilderness areas help to foster civic pride in our community. 2.0 2013 Events 2.1 Free Compost 2.2 2.3 10 -2 ... TM MMZMMM Clarington will host the Durham Region's annual Spring Compost Event on Saturday, April 20, 2013 from 8 am to noon. Residents will be able to "trade" a non - perishable donation to a local food bank for free compost. In 2012, despite less than perfect weather, 500 cars attended the compost event. This event will be located at the Operations Depot 42, 178 Darlington /Clarke Townline Road in Bowmanville. Those wishing to participate should bring containers — maximum 3 — and a shovel. Participants will be required to fill their own containers with the fresh compost. Durham Region staff will be on hand to facilitate the exchange of damaged blue boxes and green bins for new. Pitch In Week Individuals and groups are encouraged to register their.Pitch In Week activities by contacting the Operations Department. They will be asked when and where they plan to take action or staff can provide suggestions for locations that require clean up. Although Pitch In Week is April 21 to 27, activities are not limited to this time. Participants are encouraged to register and "pitch -in" throughout the year. Garbage and recycle bags will be available to participants before their stated day of Clean -Up. Arrangements will be made to pick up bags of trash /recyclables once they are collected by area residents and community groups. Earth Day Super Clean Up To kick -off Pitch -In Week 2013 the Rotary "2"d Annual Earth Day Super Glean Up" will take place Friday, April 19, 2013. Operations Department will again partner with the Rotary Club of Bowmanville to facilitate this year's Pitch In Week activities. The Rotary Club of Bowmanville and the Rotary Club of Courtice have ; &I Z4 2 \O •'1 11 worked together to create an event that will help foster environmental responsibility and civic pride in area youth. more schools are expected to join: ® Courtice S.S. � 1 Students will participate by doing a "Clean weep! of the areas surrounding their school and community. The Municipality will supply gloves, safety vests, garbage and recycle bags for the event. Staff will work closely with Rotary representatives to ensure that safety is a priority for all locations. To date the following schools have confirmed their participation and • Rotrac (University Students - Junior Rotarians) • Clarington Central • Bowmanville High • Durham Christian ® Clarke High After completion of clean up students will again this year gather at the Garnet B. Rickard Recreational facility. This year students will be provided with a BBQ lunch thanks to the generosity of Enbridge who will be on hand with their Community Events Team to help us kick off Pitch In Week! Schools will be presented with a certificate of thanks by Mayor Foster. Educational displays will be set up for students to view and ask questions. Ganaraska Region Conservation Authority (GRCA), Central Lake Ontario Conservation (CLOCA), Crime Stoppers, Scouts Canada and Veridian have confirmed their displays. It is anticipated that more displays will be confirmed as we get closer to event date. 2.4 Participation Letters will be sent to all previous Pitch -In participants inviting them to be involved in the 2013 campaign. It is anticipated that participants will start registering with staff in the next few weeks. Posters promoting Pitch -In Week in Clarington (attachment 1) with contact information for those wishing to participate will be hung in municipal facilities. irlml REPORT NO.: OPD- 007 -13 PAGE 4 Schools can use Pitch -In activities as teaching tools or part of environmental group activities. Parks and fields adjacent to schools are perfect locations to have younger children pitch in and learn about the world around us. Groups from churches, sports teams, special interest groups or groups of friends or a family can participate. It's as simple as deciding you want to Pitch -In! 2.5 Best Practices Workshop — Invasive Plants Wednesday, May 1, 2013 The Central Lake Ontario Conservation Authority and the Ontario Invasive Plant Council will be hosting a workshop on recently developed Best Management Practices for Clean Equipment. The workshop will be held at the Darlington Nuclear Information Centre from 9:00 a.m. to 11 :30 a.m. The workshop will provide information on the steps to take to prevent the unintentional introduction of invasive species from equipment. 2.6 E -Waste Event 2.7 10 -4 Saturday, October 5, 2013 Clarington hosts the Regions E -Waste Event. All unwanted electronic equipment is classified as electronic waste (e- waste). Many electronic products contain materials such as lead, mercury and other hazardous materials that pose environmental impacts when disposed of improperly. The 2012 event resulted in 10 tonnes of a -waste being collected in Clarington. Hazardous Household Waste Residents will be invited to drop off their HHW and E -Waste free of charge on Saturday, October 26, 2013. The waste collected at this event will be recycled or disposed of in an environmentally safe and responsible way. 11 tonnes of HHW was collected during the October 2012 waste event. W gum Pitch -In Week is a chance for whole communities to work towards a common goal to help beautify and sustain our environment. Participation in Pitch -In events is open, even encouraged, for everyone. If we want to improve our neighbourhoods, community and natural environment we have to start by showing that we care and are willing to get our hands dirty to prove it. Come on Clarington! Show your civic pride"! 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 V Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Susan Hajnik, Operations Technician Attachments: Attachment 1 - Pitch -In Canada Clarington Events 10 -5 ATTACHMENT 1 To Report OPD- 007 -13 P"tchmin -Canada 01 arlim 9 too twents April 19, 2013 ROTARY 2ND ANNUAL SUPER CLEAN UP The Municipality of Clarington and Enbridge Gas will sponsor the 2nd Annual Rotary Club Super Clean Up! The Rotary Clubs of Bowmanville and Courtice coordinate this event for area students to "Pitch In" and clean up areas around their schools and neighbourhoods. A gathering at the Garnet B. Rickard Complex to enjoy a BBQ, entertainment and educational displays to provide students and the general public with environmental innovations and concerns to cap off the festivities. April 20, 2013 FREE COMPOST EVENT! Clarington will host the Durham Region's annual Spring Compost Event on Saturday, April 20, 2013 from 8 am to noon. Residents will be able to "trade" a non - perishable donation to a local food bank for free compost. Residents will need'to Bring you're their own shovel. Limit of 3 containers of compost per car. Blue Box, Green Bin & Backyard Composter Sale and Free Compost Do you need another blue box? Is your blue box or composter broken? Bring your broken blue box or green bin and have it replaced for a new one free. . (sponsored by Region of Durham) Any time!! CLARINGTON RESIDENTS PITCH-IN Residents are invited to create their own "Pitch -In" event. Any resident, service ' + group, neighbourhood or family wishing to participate is invited to register their CLEAN SWEEP! with the Municipality. Simply call the Operations Department at 905- 263 -2291 ext 527 and let us know when and where you plan to participate!! Garbage bags will be available. D Sponsored by P�T�Y 10 -6 ENBRIDGE Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 esolution #: By-law #: .-•• •' 11 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD- 008 -13 be received; 2. THAT Council release Ontario Power Generation of the lease agreement for the Darlington Baseball Field; 3. THAT the Mayor and Clerk be authorized to execute the Confirming Letter of Termination; and 4 THAT Ontario Power Generation be advised of Council's decision. Submitted by: Reviewed by: F req- Horvath\ B.A., a D.M.R., R.R.F.A. Director of Operations Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 10 °7 The Corporation of the Town of Newcastle and Ontario Hydro entered into an agreement to utilize additional lands for recreational activities in Report WD -24 -00 (Attachment No. 1). Due to security and maintenance reasons, these licensed lands have not been available for public use for several years. Ontario Power Generation (OPG) requires the use of the licensed lands for vehicular parking to accommodate the needs of the Refurbishment Project (Attachment No. 2). The land in question has not been available for public use for an extended period of time and our staff is in agreement to terminate the License Agreement for these lands. This report has been reviewed by Jerry Barber, Purchasing Manager, who concurs with the recommendations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Bob Genosko, Operations Supervisor Attachments: Attachment 1 - Report WD -24 -00 Attachment 2 - Letter dated February 12, 2013 from OPG List of interested parties to be advised of Council's decision: Ontario Power Generation 1 ATTACHMENT NO. 1 TO REPORT NO. OPD- 008 -13 Recommendations. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD -24 -00 be received; and 2,- THAT Council pass the attached by-law authorizing the Mayor and Clerk to execute the Amended and Restated Licence Agreement containing terms and conditions adhering substantially to the content of the Amended and Restated Licence Agreement approved in Report WD- 50 -97, dated July 7,1997. 1.0 ATTACIMNTS No. 1: Key Map — Baseball Field No. 2: Key Map — Solina Farmhouse No. 3: Proposed By -Law 2.1 The Corporation of the Town of Newcastle and Ontario Hydro entered into an agreement {"The Newcastle Agreement') with respect to the social, economic and financial impacts on the Town arising out of the construction and operation of the Darlington Generating Station. 1132 10 -9 10 -10 PORT NO.: 24400 The Newcastle Agreement provided that Ontario Hydro would compensate the Town for those financial impacts undergone by the Town as a result of the construction of the station, which includes the cost of advancing community facilities and providing such community services as recreational activities. In 1997, Council amended the Restated Licence Agreement to allow the boundaries of the licensed lands to be further expanded to include additional lands to construct additional tournament quality soccer fields. 3.0 CONCLUSION 3.1 In co- operation with Ontario Power Generation, Staff is recommending that the land boundary of the existing agreement be expanded to include the Darlington Baseball Field (Attachment No. 1), and also the former Solina farmhouse lands. The additional lands and obligations will be incorporated into, and form a part of, the current obligations of both parties as set out in the Amended and Restated Licence Agreement dated August 20, 1997. Respectfully submitted, Stephen A. Vokes, P. Eng., Director of Public Works FH *SAV *ce 09/05/00 Reviewed by, (:� V10.4*� --y Franklin Wu, Chief Administrative Officer 1133 fo. 134 c 0 ATTACHMENT NO.: 1 REPORT NO.: WD44 -00 10 -11 v I i WMAX -11-0 ArAM FA lLriY TRA1l SYSlF71 O I6 b/ CromLis / Camiltna�) / 0 i fn 0 LY Q sTINC coMMuNlrr RECREATION USE 1 Q C3 C3 CSHE4r" DISPOSABLE CELLS REHABILITA FUTURE VIEWING STAGING ARE �s N R o N 0 O P aamNC POSSIBLE �i '� .. ; : � Srrt:s OF c WEILANO EXPANSION; AND REGENERATION • • e a $ v v i14 ... r ^rrrrrrrr�' O rrr�.r.rrrrr rr..rr rr �r�rrrrr°+wrrrrrr. iw� _ t. Vi, t) O o 1 35 ATTACHWNT NO.: 2 REPORT NO.: WD -24.00 10 -12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2000-. Being a By -law to authorize the execution of an Amended and Restated Licence Agreement between the Corporation of the Municipality of Clarington and Ontario Power Generation THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to•execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Amended and Restated Licence Agreement between Ontario Power Generation and the Municipality. 2. THAT the Amended and Restated Licence Agreement, attached hereto as Schedule 'W', forms part of this By -law. BY -LAW read a first and second time this 29` "'day of May, 2000. BY -LAW read a third time and finally passed this 29a' day of May, 2000. MAYOR CLERIC _ 1 j Z L ATTACHWNT NO.: 3 J U REPORT NO.: WD -24 -00 10 -13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2000- 70 Being a By -law to authorize the execution of an Amended and Restated Licence Agreement between the Corporation of the Municipality of Clarington and Ontario Power Generation THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Amended and Restated Licence Agreement between Ontario Power Generation and the Municipality. 2. THAT the Amended and Restated Licence Agreement, attached hereto as Schedule 'W', forms part of this By -law. BY -LAW read a first and second time this 29`x' day of May, 2000. BY -LAW read a third time and finally passed this 29s` day of May, 2000. 411, . XAL) LZ CLERK 10 -14 700 University Hvcnuc Toronv�, Ontario M5G'r 1X6 rhono: (705) 728.6391; C41(416) 451.0296; Fax (705) 728 -3549 randy jnokson@onrariopo- Mencra40PXom April 15, 20M r :. 1 . , Municipality of Clarington Mr. Fred Horvath Property Management & Manager of Operations 40 Temperance Street Bomanviile, Ontario L1C 3A6 Dear Sir: Re* Areendme% of Amended ant! Restated License A eement dated Aug a 20 1997 to facilitate the addition Qf new lands. Ontario Power Generation (OPG) is pleased to confirm our mutual consent for the licensing of certain lands to the Municipality of Clarington as verbally agreed to at our recent on site meeting with your stW on March 22. These lands involve the Darlington Baseball Field and also the former Soling Farra House lauds. The Baseball Field lands are shown as the hatched area on the sketch, attached to this Agreement as schedule "A". The Soling House lands arc shown as the crosshatched area (Site No. 6) on the sketch attached as schedule "C'. Attached as schedule "B" and forming part of this Agreement to License are the Minutes of the March 22 meeting which serve to set out the additional obligations of both parties to This Agreement and shall be incorporated into and form a past of the current obligations of both parties as set out in the Amended and Restated License Agreement dared August 20, .1997. The consideration for the permission hereby granted shall be the nominal sum of one dollar ($1.60) and the mutual covenants of the Panties contained herein. It is the intent of this Agreement to allow for the recreational activities as Set out in schedule ' B" to take place eff ctive immediarely once the Municipality has executed this letter Agreement, Ontario Power Generation- Real Fstate Services will prepare the Formal Amendment m the Amended and Restated License Agreement in due course. Please confirm if it will be necessary for Council to pass a by -law authwasing fire execution of said Agreement. Please note that all right, title and interest of Ontario Hydro in the Amended and Restated License Agreement dated August 20,1997 was transferred from Ontario Hydro to OPG- Darlington Inc. by or pursuant to a Transfer Order made under Section 116 of the Eleerriciry acA 1998, which Transfer Order was effective April 1, 1999, OPG shall cause its subsidiary, OPG- Darlingron Inc. to execure the Formal Amending Agreement incorporating the terms and conditions set out in this Letter Agreement. For gre4jer certainty and in addition to all existing obligations the Municipality of Claringtont sunder the Amended and Restated License Agreement Tile Municipality acknowledges and agrees that OPG has a procedure in place pertaining to The health and safety risks associated with excavation of land in and around The station due to the presence of buried underground utilities. Prior ut any excavation lakina glace the Municipality shall con act the Darlington Bus! 10 -15 MAY -31 -06 10:09 FROM -GENCO REAL ESTATE(ONT, HYDRO) 416- 592 -8115 T -436 P -03/07 F -371 2 Power I1 i The Foregoing is Confu med and Accepted, Dated at Bowmanvi --3 1 day ®f QT2oao. ,For The Murdcipauty of Clarington. Vane "Ha-mm, Mayor sc Phil. Broom C*ry Akey Ray $ester Nore; This Agreement contains the following: Agreement — 2 pages Schedule "A" — I page sketch Schedule "13" — 2 pages Schedule "C" —1page sketch 10 -16 MAY -3t -00 10:09 FROM -GENCO REAL ESTATE(ONT, HYDRO) 40. 0 0 O - - -cZ&'- --- JTURE NATURALIZATI REAS 'DINT FOR PASSIVE RECREATION, FISHING, EDUCATION RESOURCE (LINK TO INFO CENTRE TRAIL) 416 -592 -8115 ��, � «mow► -� T -435 P.044//07 F -371 max. EF;.��, •k.�,.aa� UPGRADE PL XERISCAPE I C 10 -17 o 0 �•P` 40. 0 0 O - - -cZ&'- --- JTURE NATURALIZATI REAS 'DINT FOR PASSIVE RECREATION, FISHING, EDUCATION RESOURCE (LINK TO INFO CENTRE TRAIL) 416 -592 -8115 ��, � «mow► -� T -435 P.044//07 F -371 max. EF;.��, •k.�,.aa� UPGRADE PL XERISCAPE I C 10 -17 P ENT= Ray Bester — OPG Facilities Ken Graham — OPG Ball Diamond Committee Rod Bovay — OPG Security Randy Jackson — OPG Real Esrate Fred Cox — Clarington - Maintenance Phil Broome — Caarington - Management Grant Ashton — Claringron -- Scheduling eco dark Ballard - DND GUY Akcy - DND Terry Doran - ANA MINUTES: 1. Maintenance Responsibilities: Clarington: s Grass cming/aerating ➢ !n$eld racldng > Light bulb chances > 13leachers/benches ➢ Fence % Rental and cleaning ofport -a -potty Sand box/swings Storage shed A Garbage pickup OPG Darlington Nuclear: Y Electrical System Y Electrical Shed 9 Sprinkler System 2. . Real Estate Agreement By -laws, recreational license requirements with Town of Clarington, Waiver form update - . Include parking lot usage Action: Randy Jackson 10 -18 311681ROYlUl Diamond -Mur 22,1)= MAY -31 -00 10:10 FROM -GENCO REAL ESTATE(ONT, HYDRO) 416- 592 -6115 -2- 3. Ball Diamnond Scheduling to be Responsibility of Town of Claringron. T -436 P -06/07 F -371 is OPG teams first opportunity to schedule OPG teams not To be charged user fees for day or night games All other beams will be charged user fees ddministered by the Town of Claringron. 4- Electrical Bill > OPCY Darlington will continue to pay for lights for Ball Diamond until a meter is installed for lights. Claringron will start paying bill after meter is installed. Action. Ray Bester /Phil Broome 5- Conra.ct Names OPG Darlington - Pay Bester Facilities and Site ,Maintenance 905- 623.6670 Ext. 3519 Pager: 905 -721 -5733 Town of Clarington — Maintenance - Phil Broome . Public Works Department Supervisor Hampton OMce: 905- 263 -2291 Town of Caarington — Scheduling - Grant Ashton Hampton Office: 905 - 263 -2291 OPG Darlington Ball Teams - Ken Graham 905. 697 -2869 6. Target Dale of Tumover of Ball Diamond to Town of Caalington. April 15, 2000, Prepared by: Ray Bester FLM -- Facilities and Site Maintenance 316WR4y /fWj DjWMand•MV, 22.DOC ATTACHMENT NO. 2 TO REPORT NO. OPD- 008 -13 Ray Davies, MCIP, RPP Real Estate Strategy Manager Real Estate Services Tel: 416 -592 -1743 / Fax: 416 -592 -8115 E -Mail: ray.davies @opg.com 700 University Avenue, H18 D10, Toronto, Ontario M5G 1X6 February 12, 2013 Jerry Barber, Manager Purchasing Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Mr. Barber: Re: Darlington Baseball Field License Agreement OPG File: 632.1 -1008 Clarington I am writing this letter seeking the mutual consent from the Municipality of Clarington to terminate the existing Darlington Baseball Field license for certain lands located at the Darlington Nuclear site. For security and maintenance reasons, these licensed lands have not been available for public use for several years. Ontario Power Generation ( "OPG ") requires the use of the licensed lands for vehicular parking to accommodate the needs of the Refurbishment. project. As you may recall, OPG consented to the licensing of certain lands to the Municipality of Clarington, specifically the Darlington Baseball Field and the former Solina Farm House lands, by way of a letter agreement dated April 15, 2000. The Municipality accepted the terms of the license on June 1, 2000. The obligations forming part of the Agreement to License included maintenance responsibilities for both the Municipality. of Clarington and OPG. The Municipality of Clarington was responsible for grass cutting, fencing, bleachers, garbage pickup, amongst other obligations. OPG was responsible for the electrical system, the electrical shed, and sprinkler system. A copy of the April 15, 2000 letter is attached for your information. In a letter agreement dated April 24, 2002, the Municipality of Claringtoh released OPG of its maintenance obligations for the electrical system and lights associated with the Baseball Field. It was suggested in this letter that it was the intention of OPG to consolidate the existing License Agreement dated August 20, 1997 and the Letter Agreements dated April 15, 2000 and April 22,, 2002 into a formal amending agreement. Based on a review of our records, such a formal amending agreement was never executed. A copy of the April 24, 2002 letter is also attached. Given that the licensed lands have not been available for public use for an extended period of time and will be required for the Refurbishment project, we would appreciate if y_ou would confirm your agreement with the termination of the letter agreement dated April 15, 2000 by signing where indicated below and returning a two (2) original copies of this letter to me. 10 -20 For Ontario Power Generation [Original Signed by] Ray Davies, MCIP, RPP Real Estate Strategy Manager I have authority to bind the Corporation The Foregoing is Confirmed and Accepted. Dated at , Ontario, this _ day of , 2013. For the Municipality of Clarington I have authority to bind the Corporation I have authority to bind the Corporation Attachment: Letter Agreement, April 15, 2000 Letter from Bill Collie to Fred Horvath, April 24, 2002 Copy: Mike Allen, Deputy VP, Darlington Nuclear OPG 10 -21 NO AM _ Clarington REPORT' CO „ Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution #: By -law: NIA Report#: CSD- 003 -13 File: Subiect: DAY OF MOURNING CEREMONY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD- 003 -13 be received; 2. THAT the Municipality of Clarington proclaim April 28th; Clarington Day of Mourning (Attachment 1); 3. THAT a ceremony be held at the Municipal Administrative Centre Cenotaph on Friday April 26, 2013 at 11:30am; and 4. THAT the flags be lowered in honour and remembrance of those killed in the workplace. Submitted by: Reviewed by: JPC/ sm Fervices eph P. Caruana ector, Community Franklin Wu, Chief Administrative Officer CORPORATION OF THE (MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 12 -1 REPORT NO.: CSD- 003 -13 � • 111IM9 PAGE 2 1.1 In 1991, the Federal Government proclaimed April 28th as a National Day of Mourning for persons killed or seriously injured in the workplace. Since that time, the Day of Mourning has been officially recognized by many countries throughout the world. 1.2 On March 5, 2012 Council approved Resolution #C- 098 -12; "NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington join in paying respect to those working people who have died at the workplace, or suffered injuries on the job, by proclaiming Saturday, April 28th as a Day of Mourning"; THAT the flags be lowered on April 28th in honour and remembrance of those killed in the workplace; and, THAT a ceremony be held by the cenotaph at the Municipal Administrative Centre." 1.3 Community Services Department staff coordinated the Day of Mourning Ceremony on Saturday April 28t ",2012. A brief ceremony took place in front of a small group of people at 10:00am with speakers representing the Durham Labour Council and Workers Health & Safety Centre. 2.0 COMMENTS 2.1 Within the Durham Region there are two other Day of Mourning ceremonies; the Durham Region Labour Council in conjunction with the City of Oshawa, and the City of Pickering. 2.2 The traditional ceremony is hosted by the Durham Region Labour Council and the City of Oshawa. This ceremony is consistently held on April 28th at the Day of Mourning Monument in Oshawa at 11:00am followed by a reception at the United Steel.Workers Hall. 2.3 The City of Pickering is hosting the 2013 Day of Mourning Ceremony on Friday April 26th at 11:30am. In 2012 the ceremony was held on Friday April 27th 2.4 Clarington's initial Day of Mourning Ceremony was held on Saturday April 281h 2012. Attendance at this event was low and attracted little community and labour support due in part to the fact that it was held on the same date as the traditional. ceremony hosted by the Durham Region Labour Council and City of Oshawa. 12 -2 REPORT NO.: CSD- 003 -13 PAGE 3 2.5 Hosting the Clarington Day of Mourning Ceremony on Sunday April 28th would again create difficulties in securing participation of the Durham Region Labour Council as the ceremonies would conflict. In addition, it is assumed that there would also be a greater challenge securing a local Minister for the Invocation on a Sunday morning. . 2.6 For 2013 staff are recommending that the Clarington Day of Mourning Ceremony be held on Friday April 26th at 11:30am, at the Municipal Cenotaph. The change in date would provide an opportunity to increase the awareness of the Day of Mourning and to reinforce the important message of a safe workplace to Municipality of Clarington staff, local businesses and the community. 3.0 CONCURRENCE: Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Skip Crosby, Community Service Coordinator Attachment: Attachment 1 — Proclamation of Clarington Day of Mourning 12 -3 Attachment 1 to Report CSD- 003 -13 Day of Mourning April 28, 2013 WHEREAS April 28th is observed across Canada and in countries around the world as the Day of Mourning for workers killed or injured on the job; WHEREAS Day of Mourning is an opportunity to recommit to making our workplaces safer as we remember and honour those workers who died, were injured or disabled on the job; WHEREAS The Municipality of Clarington is committed to the health and safety of our employees and we believe that this is critical to the success of our business; our goal is zero incidents of injury, illness or death; and we believe an incident free workplace is . possible; NOW.THEREFORE BE IT RESOLVED THAT the Municipality of Clarington proclaim April 28, 2013 as a Day of Mourning for workers killed or injured on the job in hopes . that the annual observance of this day will strengthen the resolve to establish safe conditions in the workplace for all; and THAT a ceremony be held at the Cenotaph'at the Municipal Administrative Centre on Friday April 26, 2013. Clarington REPORT CLERK'S DEPARTMENT It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 011 -13 be received; 2. THAT Kate Potter be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term concurrent with Council; and 3. THAT all interested parties listed in Report CLD- 011 -13 be advised of Council's decision. Submitted by; PLB /jeg Reviewed by: ,1-136rrie, CMO pal Clerk Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -1 • -- !-I 1 _ The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) is a group of volunteers appointed by the Municipality of Clarington to assist the Municipality and the Ministry of Natural Resources in managing the Samuel Wilmot Nature Area. The Committee is also dedicated to preserving and improving the condition of the Nature Area for the benefit of the wildlife that resides there and the enjoyment of the residents of Clarington. The Committee consists of a minimum of eight citizens + three staff + one Council representative. -- • At the Council meeting of June 7, 2011, Tim Lizotte was appointed to the SWNAMAC for a term concurrent with Council. On February 20, 2013, Municipal Clerk was notified that Mr. Lizotte has missed five consecutive meetings without regrets requesting that he be removed from the Committee. The following is an excerpt from the "Protocol for Council- Appointed Advisory Committees ", which the SWNAMAC is bound by: "Members unable to attend a Committee meeting shall notify the staff liaison at least 24 hours in advance. Members unable to attend a meeting cannot send an alternate'. The Chair shall advise the Municipal Clerk in writing of any member who is absent from the meetings for three successive months without being authorized to do so by a resolution of the Committee, and may request that the member be removed from the Committee." Accordingly, the Municipal Clerk's Department contacted Kate Potter, who had previously expressed an interest in serving on the Committee, to determine whether she wished to put forward her name for consideration. Attached please find her confidential application. 3.0 CONCURRENCE — Not Applicable 13 -2 umal It is respectfully recommended that Kate Potter be appointed to fill the vacancy on the Committee. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 — Confidential application of Kate Potter (distributed separately) Interested parties to be advised of Council's decision: Tim Lizotte Kate Potter Peter Windolf, Manager Park Development 13 -3 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 012 -13 be received; 2. THAT the following seven applicants be appointed to the Sustainable Clarington Community Advisory Committee for a term concurrent with Council: a. b. C. d. e. f. 9. 3. THAT be appointed to the Sustainable Clarington Community Advisory Committee, for a term ending concurrent with Council, as the representative of Council; and 0 THAT all interested parties listed in Report CLD- 012 -13 be advised of Council's decision. Submitted by: PLB *jeg P; M !CMO rk Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 °4 FaMW On January 28, 2013, Council approved the following resolution to constitute the Sustainable Clarington Community Advisory Committee: "THAT Report CAO- 001 -13 be received; THAT Council endorse the Terms of Reference for the Sustainable Clarington Community Advisory Committee (Attachment 1 to Report CAO- 001 -13), as amended to include seven non - elected community members, the Mayor, and a Member of Council; THAT both the Mayor and Member of Council shall sit as ex- officio members with no voting rights; THAT the Municipality proceed to advertise for Clarington resident's interest in public appointment to the seven (7) member Committee; and THAT the members of the Living Green Community Advisory Committee be advised of Council's decision about this new Committee." The purpose of the Sustainable Clarington Community Advisory Committee is to advise Council on matters of sustainability in accordance with these Terms of Reference and is to conduct its business according to the Protocol for Council Appointed Advisory Committees. The following is an excerpt from the terms of reference regarding appointments: "The Committee shall consist of seven voluntary members who believe they can make a significant contribution to the Committee and, as a whole, represent the diversity of Clarington, including its range of communities and types of employment or business. Membership from youth is especially encouraged in this important initiative. A majority of the membership - four (4) - shall constitute a quorum. A member of Council appointed by Council shall sit as ex- officio member with no voting rights. Stewardship coordinators for CLOCA and GRCA may be invited too, as appropriate. 13 -5 The members shall possess a strong interest in, and willingness to help advance the Municipality's vision: "Building a sustainable, creative and caring community." Openings for the seven (7) Clarington residents shall be publicly advertised and any resident of the Municipality of Clarington may apply. Applicants will submit applications to the Municipality of Clarington Clerk's office. The membership of the Committee will be formally appointed by Municipal Council." An advertisement ran for two weeks (and then was extended for a further four weeks) in the local newspapers and on our Clarington Website seeking applications from qualified interested parties to fill the seven non-elected. community positions on the Sustainable Clarington Community Advisory Committee for a term concurrent with Council. In response to the advertisement, the following individuals, in alphabetical order, have submitted their applications: • Neil Allin • Louis Bertrand • Sonia Jennifer Bilas • David Brandreth • Jay Cuthbertson • Lisa Drake • Mike Dymarski • Suzanne Elston • William Graham • Allan Hewitt • Glenn Hicks • Lorraine Jones • Georg Lothar Krohn • Cathrine McKeever • Kerry Meydam • Michael Patrick • Tanya Pulfer • Libby Racansky • Kathleen Read • Alexandra Rostetter • Brad Smith • Robin Solowka • John Stephenson • Peter Vogel • Ben Walsh • Katelyn Ward • Michael Weatherbee 13 -6 REPORT NO.: CLD- 012 -13 PAGE 4 • Brian Wonnacott Applications for the above -named applicants have been circulated under separate cover (Attachment 1) as they contain personal information about these applicants. 1 • [010 1 It is respectfully recommended that Council appoint seven of the following to the Sustainable Clarington Community Advisory Committee: • Neil Allin • Louis Bertrand • Sonia Jennifer Bilas • David Brandreth • Jay Cuthbertson • Lisa Drake • Mike Dymarski • Suzanne Elston • William Graham • Allan Hewitt • Glenn Hicks • Lorraine Jones • Georg Lothar Krohn • Cathrine McKeever • Kerry Meydam • Michael Patrick • Tanya Pulfer • Libby Racansky • Kathleen Read • Alexandra Rostetter • Brad Smith • Robin Solowka • John Stephenson • Peter Vogel • Ben Walsh • Katelyn Ward • Michael Weatherbee • Brian Wonnacott and 13 -7 One Member of Council, as ex- officio member with no voting rights. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Confidential Attachments: Attachment 1: Applications (Distributed under separate cover) List of interested parties to be advised of Council's decision: All Applicants Curry Clifford, Corporate Initiatives Officer 13 -8 Date: March 18, 2013 Resolution: y -law #: Report#: CLD- 013 -13 File #: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD- 013 -13 be received; 2. THAT the use of accessible voting equipment in the Municipality of Clarington municipal and school board elections, as provided for in Section 42(1)(b) of the Municipal Elections Act, 1996 be approved; 3. THAT the use of "special ballots ", being mail -in- ballot on request, as an alternative voting method for electors who are unable to attend the voting location to vote on election day or at the advance voting opportunities because of physical incapacity, being absent from the municipality, or working as an election official be approved; 4. THAT the use of automated vote counting equipment for the purpose of counting votes cast in the Municipality of Clarington municipal and school board elections be approved; 5. THAT the draft By -law, attached to Report CLD- 013 -13 as Attachment:., authorizing the use of accessible voting equipment, special ballots, and vote counting equipment, be approved; and 6. THAT all intereste decision. / Submitted by: PLB /AG unicipe Clerk listed in Report CLD- 013 -13 be advised of Council's Reviewed by: r) Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -9 WIN 1.1 Section 11 (1) of the Municipal Elections Act, 1996, as amended, establishes the Municipal Clerk's responsibility for conducting the municipal election and includes responsibility for: a) Preparing for the election b) Preparing for and conducting a recount in the election c) Maintaining peace and order in connection with the election; and d) Reporting to Council following the election respecting prevention of barriers and accommodations for electors and candidates with disabilities. 1.2 Section 42 of the Municipal Elections Act, 1996, as amended, provides for Council to pass a by -law to: a) Authorize the use of voting and vote- counting equipment; and b) Authorize electors to use an alternative voting method. 1.3 The procedures and forms established under the Act for traditional voting were designed to ensure that the principles of the Act are maintained. Thus, it is the Municipal Clerk's duty to ensure that when using alternative voting methods, the procedures and forms established by the Municipal Clerk are also consistent with the principles of the Act. The principles are as follows: • The election should be fair and non - biased. • The integrity of the process should be maintained throughout the election. • Voters and candidates should be treated fairly and consistently within a municipality. • The election should be assessable to the voters. • The secrecy and confidentiality of the individual votes is paramount. • There is certainty that the results of the election reflect the votes cast. • Voters shall be enfranchised whenever possible and the scope of provisions which tend to disenfranchise voters shall be limited. 1.4 In recent years, municipalities across Ontario have taken advantage of Section 42 of the Act (Alternative Voting Methods) and have conducted elections and tabulated their ballots in a variety of ways including: traditional paper ballots at polls, internet, mail -in paper ballot, telephone, touch screen, and audio, with votes being counted manually, electronically or by way of ballot tabulators. Many municipalities have found a combination of methods has best served their municipality. 13 -10 1.5 Clarington's History of Voting and Vote Counting Methods Year Method of Conduct Eligible Electors Voter Turnout Method of Vote Count 1991 Traditional Paper Ballot 36,032 38.8% Manual 1994 Traditional Paper Ballot 40,193 33.69% Manual 1997 Traditional Paper Ballot 44,980 28% Manual 2000 Vote by Mail 49,483 41.5% Manual 2003 Vote by Mail 53,497 35.07% Manual 2006 Vote by Mail 57,067 40.02% Central Count Tabulators 2010 Traditional Paper Ballot 61,098 34.52% Manual 1.6 Clarington's 2010 Municipal Elections — Review The following data summarizes the 2010 elections data. Electoral Ward 1 18,953 population Ward 2 16,497 Ward 3 11,427 Ward 4 10,787 Total 57,664 Voting Ward 1 71 Subdivisions Ward 2 65 Ward 3 44 Ward 4 42 Total 222 Voting Locations Ward 1 17 Ward 2 14 Ward 3 10 Ward 4 10 Total 51 Includes 6 special voting locations (i.e. Hospitals /long -term care facilities) Voting Location 182 Deputy Returning Officers Election Staff 205 Poll Clerks 36 Revision Clerks 43 Traffic Clerks 13 -11 Accessibility Sip `n Puff / audio voting equipment was available at each of Accommodations our 11 advance voting opportunities (one location for each of the four wards over two days plus one location for an additional three days) Budget / Actuals On an annual basis, $75,000 is transferred to the reserve account to balance the expenses of the election in the election year. The 2010 election budget was $325,000, and the actuals reported were $306,806.54 • .- -iii; tiiill 2.1 2010 was a transition year for Clarington electors. After three consecutive municipal elections of voting by mail, the electors successfully transitioned back to a traditional "voting at the polls process. Staff did not encounter any major issues in educating the electors of the transition. Perhaps, this transition was easy because it was consistent with the methods of voting for both Provincial and Federal elections. 2.2 Our operating procedures proved successful and maintained the principles of the Act. The voting locations were suitable with very few complaints received by electors, which were generally because the elector went to the wrong voting location or they questioned our reasons for not using a closer facility. While the method of conducting the vote proved successful, it was not without its administrative challenges; primarily in planning, staffing and vote counting /reporting. a) Given that it had been more than 10 years that Clarington had conducted voting at the polls, Municipal Clerk's staff were required to start from scratch, as it were. Drawing on previous experience, however, staff successfully developed operating procedures, secured 51 accessible voting locations, and developed communications and educational materials for our electors and election staff. Additionally, Municipal Clerk's staff worked in cooperation with Planning Services and MPAC to create the 222 voting subdivisions and updated our municipal mapping system to create voting subdivision maps. b) In order to ensure that our electors were well served at the 51 voting locations, a total of 466 election workers were hired. Despite aggressive advertising in the local newspapers, posters in Municipal facilities, and on our municipal website, these positions were extremely difficult to fill and in fact if not for the cooperation of area municipalities, we would have been short which would have led to longer lineups and further delays in results reporting. 13 -12 c) Our 2010 ballots were counted by hand by the DROs and PCs for the 222 voting subdivisions at our 51 voting locations. At the conclusion of the count, each of the 182 DROs had to report to Election Return Headquarters (Garnet B. Rickard Recreation Complex) to receive assistance, where necessary, in closing off and balancing their poll, and to return their election supplies. Approximately 40 municipal staff members were assigned to control parking lot traffic, greet, guide, audit, assist with ballot balancing issues, record results, transport and guard the election ballots, records and supplies. To assist with the returns, we also re- deployed some of our voting location staff. Collectively the manpower still proved to be insufficient. The final results were declared at approximately 2:00 a.m. Despite thorough and detailed planning, this proved to be a logistical nightmare. 3.1 The Act permits the use of alternative voting and vote counting methods. Many municipalities use multiple alternative methods in the same election primarily to improve convenience, provide for greater accessibility and provide for the opportunity for increased voter turnout. In fact, according to the post 2010 Municipal Election Survey conducted by AMCTO, of the 52% who responded to the survey, approximately half of the municipalities used some form of alternative voting and approximately 75% of respondents used alternative vote counting methods. The following chart summarizes the survey responses. Method 2010 2006 Advance Vote Voting Day Advance Vote Voting Day Paper ballot 99 110 108 118 Touch screen 21 15 11 5 Main -in balloting 21 54 26 55 Vote by phone 22 23 8 8 Vote by Internet 30 28 9 7 Other 4 3 2 2 (total respondent municipalities was 178 of 445 municipalities in Ontario) 3.2 Providing voting options for our electors has become a natural solution to accommodate their varied needs. In Clarington, we must ensure that our electoral processes include respect and dignity of our electors, our procedures are integrated, and all of our electors are provided equal opportunity to vote. 3.3 Traditional paper ballots at voting locations meets the needs of the majority of our electors, however, on its own, it excludes electors with mobility and visual impairments. Traditional paper, as was proven in 2010, is a reliable, easy, acceptable and a cost effective option for Clarington. 13 -13 REPORT NO.: CLD- 013 -13 PAGE 6 3.4 Mail -in voting is a remote method of voting using traditional paper ballots. This method of voting in Ontario is most popular in municipalities with smaller, geographically dispersed populations, or in municipalities with a large non- resident electorate (i.e. cottage areas). Voting by mail, as with traditional paper ballots at voting locations, meets the needs of most of our electors, including many with mobility impairments or who may be housebound or who were not in the municipality for the voting period, but excludes those electors with visual impairments or those electors who do not feel comfortable voting in an unsupervised environment. As stated earlier, Clarington electors successfully voted by mail for three consecutive elections (2000, 2003, 2006). Vote by mail was not used in Clarington the 2010 Municipal Elections due to cost, accessibility and administrative challenges and staff believe these reasons still remain. 3.5 Telephone Voting is a remote method of voting relying completely on technology for the conduct of the vote and the tabulation of results. Telephone voting is convenient and would meet the needs of almost all electors in Clarington including those who may be housebound, have visual or mobility impairments, as well as those who are hearing impaired (provided they have TTY service). Depending on the length of the candidate list, voting by telephone can be quite cumbersome for the user and can take longer to complete the ballot. Telephone is often used in conjunction with Internet voting as the administrative processes are easily combined. In recent years the advancement of digital technologies has greatly enhanced the ability of telephone systems to handle a large voting population in a single day event. 3.6 Internet Voting is a remote method of voting relying completely on technology for the conduct of the vote and the tabulation of results. Internet voting is convenient and would meet the needs of many electors in Clarington including those who may be housebound, have mobility or hearing impairments, and depending on the software used by the elector, may also accommodate those with visual impairments. Internet voting in conjunction with telephone voting for a complete remote voting solution or as an advance voting solution in conjunction with traditional paper ballots at voting locations on Election Day, is fast becoming a very popular solution in Ontario and beyond. In 2006 only 9 municipalities used internet voting for their advance vote and 7 for their voting day solution, whereas in 2010 30 municipalities used internet voting for their advance vote and 28 for their voting day solution. Given that there were no major issues raised by these municipalities, it is reasonable to assume that the trend will only increase across the province for 2014. Statistics on Clarington resident internet usage is difficult to gather. However, data supplied by the Province of Ontario regarding the Rural Connections Broadband Program indicates that as of April 2010 the vast majority of residents in north Clarington reside in Un- served Broadband Areas. 13 -14 REPORT O CLD-013-13 PAGE 7 3.7 Vote counting equipment has been used in Ontario for more than two decades as a tool to assist in ensuring an accurate and reliable counting process with minimal impact to the traditional paper ballot voting process. This equipment includes both central and voting location units and was successfully used in Clarington in 2006. AMCTO Survey results indicate that of the 164 respondents who used paper ballots, 64 used a manual count system. Of note, however, is that all of these municipalities, with the exception of Clarington, had a population of < 36,000 and 51 had a population of less than 10,000. From an administrative and fiscal perspective, vote tabulators allow for greater efficiencies in election worker assignments, reduced number of voting locations, and more timely and accurate results. The Act permits the use of vote counting equipment provided the Municipal Clerk, in establishing the supporting procedures, ensures the principles of the Act are adhered to. The use of vote counting equipment provides an enhanced level of service at the voting location. The vote counting equipment can be programmed to return any ballot to the election official (without revealing the vote) with an over -voted race. The election official would notify the elector that an office has been over - voted, and provide the elector the opportunity to cancel their ballot and vote on a new blank ballot. This opportunity facilitates improved enfranchisement for the elector. 3.8 In addition to internet, telephone and mail -in solutions, there are a variety of accessible voting tools available on the market to accommodate the varied needs of persons with disabilities. These tools include touch - screen, sip `n puff, and audio units. In 2010 Clarington deployed the sip `n puff /audio units at each of the advance voting locations. Prior to deployment, the members of our Clarington Accessibility Advisory Committee tested the equipment. Committee members concurred that the equipment would satisfactorily accommodate our needs as an alternative to the paper ballot. It is noteworthy, however, that we did not have any electors take advantage of the alternative voting technology, but they rather preferred to have assistance from a trustworthy friend /family member. This type of equipment, while empowering for the elector, was costly, time consuming, and labour- intensive to program, test, and operate. 13 -15 3.9 What are others doing? 3.9.1 Area Municipalities Brock Township and Pickering are the only area municipalities within Durham Region who have confirmed their method of conducting the vote and the vote. count for 2014, while others are still reviewing their 2014 options. Feedback from staff from the area municipalities indicates an increased interest in offering internet voting either as a single solution or in conjunction with voting at the polls. iisla[:I Method of Voting 2010 Method of Counting 2010 Municipality Voting at the Polls Vote by Mail Telephone Internet Manual Count Vote Tabulator Count Electronic Tabulation Oshawa x X x x Whitby x I x x Ajax x x Pickering x x Brock x x Uxbridge x x Scugog x x Kawartha Lakes x x Peterborough x x x x Port Hope x x x x Cobourg x x x Caledon x x Halton Hills x x Feedback from staff from the area municipalities indicates an increased interest in offering internet voting either as a single solution or in conjunction with voting at the polls. iisla[:I Method of Voting 2014 Method of Counting 2014 Municipality Voting at the Polls Vote by Mail Telephone Internet Manual Count Vote Tabulator Count Electronic Tabulation Brock X X Pickering x I I x Feedback from staff from the area municipalities indicates an increased interest in offering internet voting either as a single solution or in conjunction with voting at the polls. iisla[:I 3.9.2 Special Ballot ■ 1 In the Province of Alberta municipalities have the authority to use mail -in voting on request (commonly referred to as a "special ballot ") as a means by which to accommodate those electors who are unable to attend the voting location to vote on election day or at the advance voting opportunities because of physical incapacity, being absent from the municipality, or working as an election official. Many jurisdictions have successfully offered special ballots in conjunction with traditional paper ballot voting at the polls. Electors in Ontario can also vote by "special ballot" in both our Federal and Provincial Elections. 3.9.3 Elections Ontario Currently, electors may vote in Provincial elections in one of the following ways, after providing appropriate identification documents: • In person on election day, by marking a paper ballot by hand or with the assistance of a friend or election official; • In person at an advance poll, as above; • In person at the returning office using Assistive voting technology; • In person at the returning office by writing in the candidate's name on a special ballot or doing so with the assistance of a friend or election official; • At home in person, by writing in the candidate's name on a special ballot or doing so with the assistance of two special ballot officers; or • By mail using a special ballot. In May 2010, the Election Act was amended to require the Chief Electoral Officer to review alternative voting technologies and report to the Legislative Assembly by June 2013. Since 2010, Elections Ontario has conducted extensive research on alternatives including consultation with jurisdictions (within Canada and abroad) who have used alternative voting methods. Throughout 2011 and 2012 their study focused more on telephone, computer and internet voting with votes being counted electronically which resulted in a business case to assess the feasibility of conducting a pilot of internet voting in a live by- election environment prior to reporting in June 2013. Elections Ontario has confirmed that this pilot test has not been conducted. 13 -17 3.9.4 Elections Canad •11 1 Currently, electors may vote in Federal elections in one of the following ways, after providing appropriate identification documents: In person on election day, by marking a paper ballot by hand or with the assistance of a friend or election official; ® In person at an advance poll, as above; • In person at the Elections Canada office by way of special ballot; • At home in person, by special ballot or doing so with the assistance of two special ballot officers; or • By mail using a special ballot. Elections Canada also is examining internet voting as part of their ongoing 2008- 2013 Strategic Plan to continuing to increase accessibility to the electoral process. In this commitment Elections Canada will research and monitor technological trials and innovations in other jurisdictions, both in Canada and abroad. As well, with prior approval of parliament, they will test a secure voting process during a by- election that allows electors to vote by telephone or internet. Elections Canada has confirmed that this pilot test has not yet been conducted. 3.10 Estimated Costs The 2010 Municipal Elections expenditures totaled $306,806.54. Based on staff's experience and feedback from municipalities who have deployed alternative methods, the cost differential between the methods would not be significant. The 2014 election budget is estimated at $350,000, and based on preliminary findings, staff believe that the elections could be conducted using any of the aforementioned methods within budget. 4.1 The 2014 Municipal Election is scheduled for October 27, 2014. Nominations may be filed as of January 2, 2014. 4.2 The goals for Clarington's 2014 municipal and school board elections remain to include: • Providing a voting process which meets the principles of the Act; • Meeting or exceeding our obligations under the Accessibility Customer Service Standards; • Providing a viable solution which is easy, fiscally responsible, convenient and trustworthy for electors; • Streamlining administrative processes; and • Maintaining quality, integrity and accuracy. 13 -18 REPORT NO.: CLD- 013 -13 PAGE 11 4.3 Proposed 2014 Election Process Details 4.3.1 In fulfilling her duties as Returning Officer for the Municipal Elections, the primary concern for the Municipal Clerk is the security and integrity of the voting process. Additionally, the Municipal Clerk must ensure a fair and non - biased election which is accessible to the electors with certainty that the results of the election reflect the votes cast. While the alternative voting options offer convenience for the voters, and by combining those options provides choice and greater access to the voting process, the Municipal Clerk and Council must balance these opportunities to vote against the cost of providing them. 4.3.2 For 2014, staff is proposing that our electors again cast their votes by way of traditional paper ballot at a designated, conveniently located, accessible voting location, combined with the use of accessible voting equipment (e.g. Sip 'n puff, audio) and "special ballot" on request (similar to that used in Federal, Provincial, and Alberta municipal elections). To overcome the administrative challenges faced in 2010, it is further recommended that the use of vote tabulating equipment be authorized to conduct the vote count. 4.3.3 Voting at the polls in 2010 proved successful from a service level standard. Our electors received the method positively, and it was consistent with the provincial and federal elections and many area municipalities. 4.3.4 Accessibility remains a priority in our service levels to our electors. Research indicates that Clarington has approximately one in seven persons with some sort of disability and approximately 1% residents who are housebound. Staff recommends that accessible voting technology be offered as well as the "special ballot" (mail -in ballot on request). This recommended combined solution will accommodate electors with physical disabilities and electors who are unable to attend the voting location on any of the voting days, while being fiscally responsible. Given the lack of uptake on the equipment in 2010 by our electors, staff will give consideration to appropriate deployment of the accessible voting equipment. 4.3.5 Vote tabulators have been widely used by municipalities throughout Ontario, and beyond, for more than 20 years. Most recently, in Clarington, vote tabulators were successfully used to tabulate the votes in 2006. The use of vote tabulators has proven to provide accurate results, simplified and timely return of results. Staff is confident that the use of the vote counting equipment will overcome the administrative challenges faced in 2010. Election staff required to work at the voting locations can be reduced by 30 %, the number of election staff reporting to election headquarters following the count can also be reduced by 30 %, thereby reducing the number of staff required to facilitate and coordinate the return headquarters. As well, with the automated count, the return of results can expected to be much sooner than was realized in 2010. 13 -19 G ' • ► 1 KIM 4.3.6 The cost for conducting the 2014 Municipal Elections using the voting and vote counting method as described in section 4.3.2 above and the special ballot option is estimated not to exceed $350,000. This is based on approximately 30 voting locations and hiring approximately 300 election staff. • • A•• l= Clarington electors voted in 2010 using the traditional paper ballot at voting locations throughout the Municipality. This method of casting a ballot proved successful and is consistent with the processes used by both Elections Ontario and Elections Canada. To ensure the principles of fairness, consistency and accessibility and enfranchisement are upheld, staff recommend that the paper ballot at the voting locations be used to conduct the 2014 Municipal elections. Further staff recommends that the voting at the polls be augmented with accessible voting equipment and a "special ballot" option. To better accommodate the principles of enfranchisement and certainty that the results of the election reflect the votes cast, and to improve administrative frustrations realized in the 2010 elections, staff recommend that vote counting equipment be used. 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 x Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Anne Greentree, Deputy Clerk Attachments: 1 —Authorizing By -law List of interested parties to be advised of Council's decision — Not applicable 13 -20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2013 -XXX Being a by -law to authorize the use of optical scanning vote tabulators, special ballots, and accessible voting equipment at Municipal Elections WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council of a municipality may, by by -law, authorize the use of optical scanning vote tabulators for the purpose of counting votes at municipal elections; AND WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council of a municipality may, by by -law, authorize the use of voting equipment for the purpose of casting a ballot at Municipal Elections;_ AND WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council of a municipality may, by by -law, authorize the use of an alternate voting method that does not require electors to attend at a voting location in order to vote; AND WHEREAS the council of the Corporation of the Municipality of Clarington deems it appropriate and in the public interest to use automated vote counting equipment, to offer accessible voting equipment and to provide a "special ballot" mail -in option; NOW THEREFORE BE IT ENACTED as a by -law of the Corporation of the Municipality of Clarington that the Council of the Corporation of the Municipality of Clarington authorizes 1. The use of automated vote counting equipment for the purpose of counting votes at municipal elections; 2. The use of voting equipment to assist electors in casting their ballot; and 3. The use of "special ballots" being mail -in ballots for electors who are unable to attend the voting location to vote on election day or at the advance voting opportunities because of physical incapacity, being absent from the municipality, or working as an election official. This by -law shall be effective on the date that it is passed. By -law passed in open session this day of March, 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 13 -21 Report#: COD - 002 -13 File: Subiect: RFP2012 -9 GENERAL CONTRACTOR AND TRADE REGISTRY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD - 002 -13 be received; and 2. THAT selected contractors listed in Attachment 1 be approved to form a registry for the provision of various trades and related services with an estimated value of less than $25,000.00 (i.e., net of H.S.T. Rebate) per project for the period April 1, 2013 to March 31, 2016, with the option to extend contracts on the registry for two one -year terms. h Submitted by -( (IJ \1` Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services JDB \bh 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_1 REPORT NO.: COD - 002 -13 19 Axel C 1.1 The purpose of this report is to obtain Council approval of the selected contractors listed in Attachment 1 of this report to form a trade registry for the provision of various trade services having an estimated value of less than $25,000.00 per project, which shall be applied in accordance with terms and conditions set forth in Request for Proposal RFP2012 -9. 1.2 Request for Proposal #RFP2012 -9 for the provision of various trades and related services was issued and distributed publicly for the purpose of soliciting proposals /applications from contractors interested in the serving on the Municipality's Contractors Trade Registry. Services covered by the registry will include the following trades: General Contracting Services; Minor General Contracting Services; Roof Repairs; Painting Services; Flooring Services; Welding Services; Manual Door and Control Repair and Replacement Services; and Window /Glazing Repair Services. 1.3 The trade registry provides an available list of suitably qualified contractors to perform projects for various municipal facilities having an estimated value less than $25,000.00 (net of H.S.T. rebate) per project. These services will be utilized by the Operations and Community Services Departments on an "as needed" basis. 1.4 This approach effectively supplements the Municipality's resources with well qualified contractors, provides good value through competitive service rates, promotes competitive bidding of larger valued projects, and reduces administration and project completion times through established term order contracts. Only contractors who have demonstrated that they meet specified criteria for their respective trade categories are selected. 1.5 Request for Proposals were publicly advertised and called for the General Contracting & Other Trade Contractor Services as required by the Municipality of Clarington. Subsequently, seventeen (17) request for proposals were received. 1.6 The RFP covers the requirements for a three year period effective April 1St, 2013 to March 31, 2016 with the Municipality of Clarington reserving the option to extend the contract for two additional one (1) year terms provided the Contractor's performance is satisfactory and proposed pricing for the subsequent years is acceptable. 2.1 All proposals met the bid submission requirements and were evaluated based on company background, staff experience, pricing /cost, health and safety, quality control, vehicles /equipment and proposal quality. 14 -2 REPORT NO.: COD - 002 -13 12 -Te-TW 2.2 The proposals were reviewed and ranked by staff members from the Operations, Community Services and Corporate Services Department. The criteria was ranked accordingly'on a scale from 1 (poor) to 5 (excellent) consistent with the RFP guidelines. 2.3 Each proposal was reviewed for compliance with the mandatory submission requirements. All proposals were compliant and evaluated by the committee in relation to the other evaluation criteria, and scores were awarded. Proposals were ranked by highest scores awarded within each trade category. The nine (9) recommended firms which met or exceeded the score of 70% are noted in Attachment 1. Eight (8) firms failed to achieve the minimum score need for consideration. 2.4 As projects arise, these priced by the contractors on the registry and awarded using the methods noted below: For individual projects with estimated value of less than $5,000.00, pricing is based on the actual labour and materials used by the contractor to complete the work (pre - established service fees and mark up rates are applied). When the project is completed, the project manager reviews the pricing for accuracy before payment is authorized. This approach is also used to select a contractor to perform emergency repair work when required. For individual projects with estimated value of $5,000.00 to less than $10,000.00, pricing is based on the actual labour and materials used by the contractor to complete the work (pre - established service fees and mark up rates are applied) or pricing is competitively bid among the registered contractors, with the award going to the lowest compliant bidder. For individual projects with an estimated value of from $10,000.00 to $25,000.00, pricing is competitively bid among the registered contractors, with the award going to the lowest compliant bidder. 2.5 It is recommended that the contractors with proposals ranked 70% and greater be added to the Trade Registry. The references for the nine (9) qualified respondents have been checked and are satisfactory. 2.6 The Purchasing Manager has established guidelines for the management of the General Contracting and Other Trade Contractor Services for the administration of the trade registry. Draft copy attached as Attachment 2. 14 -3 REPORT NO.: COD - 002 -13 PAGE 4 PREW ,, N , 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations and Director of Community Services. 4.1 The funds' required for services provided as part of the trade registry are included in the Operations and Community Services Departments approved 2013 Operating and /or Capital Budget. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Director of Community Services 6.0 CONCLUSION 6.1 It is recommended that the contractors with proposals ranked 70% and greater be added to the Trade Registry. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Manager of Purchasing Attarhmantc- Attachment 1 — Contractors for Trade Registry Attachment 2 — Guidelines for the Management of the General Contracting and Other Trade Contractor Services 14 -4 Attachment 1 To Report COD - 002 -13 MUNICIPALITY OF CLARINGTON CONTRACTORS FOR TRADE REGISTRY BIDDER Silver Birch Contracting Limited Schomberg, ON True -Care Restorations Inc. Pickering, ON Richview Renovations Weston, ON Dalern Limited Cobourg, ON ICI Roofing Limited Peterborough, ON Taxis Contracting Limited Newcastle, ON Direct Construction Company Limited Scarborough, ON RCI Restoration & General Contracting Inc. Bowmanville, ON Town and Country Contracting Limited Oshawa, ON 14 -5 Attachment 2 To Report COD - 002 -13 ® Guidelines for the Management of the General Contracting and Leadingrhe way Other Trade Contractor Services Date: March 4, 2012 1. Scope and Purpose: This procedure deals with the General Contracting and Other Trade Contractor Services ( GCOTCS) Term Orders(s) and covers the requirements to access registered contractors, financial and other required pre - approvals, and the administration of individual projects. It is divided into three parts: ® Considerations Prior to Releasing Service; ® Contractor Selection Process for Individual Projects ® Administrative Requirements. The purpose of this procedure is to establish com,mon.,,guidel'ines: for the administration of the GCOTCS Term Order(s) covering ongoing repair, ;mamfenance, installation and renovation projects required by the Municipality of Clarington in order to promote operational efficiency, cost effectiveness, performance excellence, and reduced lead times with respect to the' selection of qualified contractors to perform various projects. The Service Registry is established with the objectvv( consistently providing fair access to Municipal Projec to perform work. This objective is achieved; througl 4.t which stress selection of contractors to perform wo and /or consideration of 6ct6rsY1hat'a,re relevantt. th 2. Policies: MunicipaIity;of Claringto iAepartments ands' Purchasmk Bpi' Law 2010 1`12, and Corporate P 3. Proced of fair treatment of registered contractors; by s, and transparency used to select contractors the methods shown in the following sections, < based on competitive bidding, rotation lists, pr'oject requirements. `follow the procedures outlined under :apital Project Overexpenditures. Prior to any renovation project,the Engineering Services Department should be contacted to determine if a building permit is required. An environmental consultant may be required if there are designated substances in `the fadky'(i.e., project will disturb the designated substances). If structural, mechanical and or electrical `worUs required, a consultant may be required to draft the scope of work specifications and drawings. If it is determined that these services are required, the applicable costs are to be budgeted. The necessary permits may be applied for prior to the solicitation of quotes from the contractors. Overview of Service Registry Term Orders (Contracts) The GCOTCS Term Orders (Contract RFP2012 -6) are established by Purchasing Services through competitive requests for proposals (RFP's) to ensure that Contractors are suitably qualified and provide competitive service rates for Time and Material based awards. 14 -6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 2 of 12 RFP2012 -9 Upon Council approval, these Contracts are then made available to authorized municipal staff (Project Supervisors) so they may select suitably qualified contractors to perform specific repairs or budgeted capital improvements of Municipal buildings, plants, public infrastructure or other assets (projects) as required. The registry applies to projects less than $25,000.00 (net of H.S.T. Rebate). Note that lump sum competitive bidding is required to award projects released from Service Registries where the estimated value exceeds $10,000.00; unless a higher limit is authorized by the Purchasing Manager or if specific conditions such as an emergef ey'Pequirement preclude bidding due to time urgency (i.e., refer to Purchasing By -Law No. 2010 -112 Section 11.0 Exceptions). Only individual projects with an estimated value th released from a Services Registry: a) $25,000.00 (n value if identified in the Contract, or, c) the authioj may not be split to circumvent the limits for award.:`: >: The contract term for GCOTCS is a three. year term wit, additional one (1) year terms. Prices a`re firm for the first, ies not exceed any of the following may be H.S.T. Rebate),_b) a lower maximum project budget allocation. for that project. Projects Y the option to extend th;e contract for two second and third year of the contract. The overall administration of the Registry 1FP process, and subsequently awarded Contracts is the responsibility of Purchasing Services, whereas indivrdu'al projects released against Contracts are administered by the authorized municipal staff (Project Supervisors) ion 1- Considerations Prior to Releasing Se Authorization for Employees to Access Co Employees may use Contracts provided they meet the following requirements: a) The employee (Project Supervisor) is> .deemed by the requesting department to be suitably qualified toy" d,minister projects and to`'assume the role and responsibilities of Project Manager where applicable,;;;. b) The Project Supervisor• understands the guidelines including: applicable contractor selection methods, contractor perfbtrriance monitoring, price verification, and payment authorization, and, administrative responsibilities, legislative requirements, and c) The Project Supervisor or his /her Approver has the minimum signing authorities required to approve projects (i.e., minimum $1,000 or maximum $25,000 as applicable). 14 -7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 3 of 12 RFP2012 -9 Review General Work Specifications of RFP The Project Supervisor shall familiarize himself /herself with the general work specifications identified in the originating RFP2012 -9 General Contracting and Other Trade Contractor Services. Refer to Appendix W. Determining if a Requirement is within the Service Registry Scope of Work The Project Supervisor shall ensure that the scope of work for the required project is within the defined scope of work for the applicable GCOTCS Registry: If m -,doubt, the Purchasing Services should be consulted to determine if the project is applicable Determine what contract service is to be pur6hased? Are the product; specifications known and generic? Will the scope of work apply to one location or several locations ?.:Is a consultant required (i.e., structural, electrical, mechanical)? Are there`legislatK components applicable to the project (i.e., Electrical Safety Authority, Technical Standards & Safety Authority, Building Code, and Designated Substances)?, Who is involved ?; ,. Which internal departments, external departments, community hall boards? Is the project high profile ? Is the project high risk? If in doubt, call Purchasing. Obtain Financial Auth The Project Supervisor shal[Aete appropriate budgets before ,Itker perform workon a time and mate`ri Section 2 = Contractor Selection >Pn Project Specifications, Drawings ae Requesting if sufficient funds are allocated and available within the ting competitive lump sum bids or selecting a Contractor to M basis) payment basis. )r Individual Proiects 34Job Site Meeting Prior to selecting a Contractor to complete a project, the Project Supervisor shall submit to the selected Contractor(s) spe'cifications and drawings for each lump sum bid project, or shall provide specifications and drawings directly to a Contractor selected to perform a T &M project (to be used to prepare cost estimate to complete the project). It is imperative that the scope of work is the same for each contractor so that everyone is quoting on the same scope of work. A pre -bid job site meeting should also be arranged by the Project Supervisor to 'supplement the specifications and drawings by viewing the job site, and to provide instructions for contracted workers or rules to access the facility or job site if applicable. 14 -8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 4 of 12 RFP2012 -9 Selecting Contractors - General Guidelines Two Approaches There are two approaches that may be used to select a contractor from a Service Registry to perform work. The first approach is to invite all (or a select number) of registered contractors to submit "Lump Sum" bids and award the project to the lowest compliant bidder. The second approach is to select only one registered contractor to perform the work on a Time and Materials basis (T &M project). The choice is largely determined by the estimated value. of the work: Individual Project Value Approach < $5,000 T &M Project Basis (select,Fohe'contr $5,000 to $10,000 T &M Basis Or Lum $10,000 to $25,000 Lump Sum (all registered �applicab�le- contractors > $25,000 Formal Tender or RFQ (to be issued separately from the ReF,istrv) User Department Respo The User Department staff=.shall record each instance`'`when a Registered Contractor has declined to accept a T &M bid or has declined to bid a lump surf bid project. This information will be provided -to Purchasing after each project aInd reviewed by Purchasing Services on an annual basis in conjunction with a contractor performance re, i process fo determine whether or not the current Contractors should besrecommended'.for ahe next, contract term; In the event of any complaints received from any registered contractor in regards to the use of a Rotation List* or actual selection of a contractor for a specific project etc, the Project Supervisor shall notify the Buyer to resolve. The Project Supervisor shall ensure that the contractor selection procedures are followed consistently. Any deviations may ",:result in a detailed review by Purchasing Services, requiring appropriate measures to be taken by the user department to ensure future compliance as a condition of being permitted continue&. access to the Service Registry. Failure to maintain compliance with these procedures may result in removal of access to the Registry or cancellation of the program. Purchasing Services shall be notified each time a selected contractor has been non - responsive or non- compliant. All estimates and lump sum bids obtained shall be retained as an official record by the reauestine department, and prices shall not be revealed to any other contractor. A copy of the documents shall be e- mailed to Purchasing Services to be kept on file for compliance audits and to consolidate records at the end of the contract terms. 14 -9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 5 of 12 RFP2012 -9 Time and Materials Approach to Awarding a Project All individual projects with an estimated value of up to $5,000 should be awarded on a T &M project basis. Pricing will be based on the contracted time and materials rates. No further bidding is to be conducted. Individual projects with estimated values ranging from $5,0 authorized by the Purchasing Manager) may be awarded to ,a' Project Supervisor on a time -and materials pricing basis (T &M''pr be required to submit an estimate of the project costY.:and "O amount). Note: the final pricing will be based on actual`'labo priced according to the contractor's T &M rate schedule,, There are two methods that can be used to sel T &M Basis —Approaches* a) Rotation (i.e. next in line), b) Best Fit with Contractor's expe availability and familJgJty;with site *records of approach to,,,''` e maintained T &M Approach for P All registered; CQntr'actor�s shall' highest piicmg`scores from the pri r �> For the first f &,M, project, the ;c estimate and subsequently per'f contractor in sequence,, (i.e., nex approached, usingthe`same procE ),,,to $10,000 (or a higher limit if gistered contractor directly by the ect). The selected contractor(s) will vide an upset limit (not to exceed hours worked and materials used stered Contractors ora:T &M basis: ons` f'orly rates, resources, location, e: Select'a'Contractor by Rotation (i.e., next in line) ally ranked a d;Aisted in the Registry by order of lowest to 1 in the proposals. ictor at,,the top of the list shall be approached to provide an the `work. For the next available T &M project, the next line to the contractor awarded the previous project) will be escribed in this method. The user department will 'advise the Buyer of the selected contractor. so that a rotation list of contractors is maintained for the purpose of establishing the next contractor in line to be approached for T &M work. The rotation list shall be maintained throughout the term of the service. _ 14 -10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 6 of 12 RFP2012 -9 T&M Approach - Method Two: (By Consideration of Project Requirements) For certain projects where; the work is urgent in nature, requires unique skills, or arises from an emergency; the Project Supervisor may select a suitable contractor based on the registered contractors' relevant experience, qualifications, previous performance on similar municipal projects, and /or familiarity with the job site or facility where the work is to be performed. The Project Supervisor shall advise the Buyer of the circumstances affecting the decision to use this selection method so that it may be documented and kept on file' "if audited. This approach shall only be used when it is impractical or inappropriate to use method one,,and shall not affect the position of contractors on any applicable rotation listings prior to the`award of the project. Failure to Provide a Responsive or Competitive If the selected contractor is unable to underta Supervisor: a) The estimate provided is excessive iri..price�pr� perform the work to the required standards; fai or fails to address any,Ofler,specific project req b) The selected contractor refs contained on his contract rate undertake.the;work: or -;" .r c) The selected contractor. prop c more expensive equipment,th d) Project specific,. - the sele( specified by tf'e ;P;roject Su specific training as�;determir or iii) any other applicable, facility. or is ur ,dule tha imate work;;: or, in the i ent of the Project poses insufficient staffing or other resources to s o meet "the:required start or completion date, urerrment requested; or -to provide equipment, materials or services he Project Supervisor's judgement is required to to substitute,equipment from the contract rate schedule with the judgement of the Project Supervisor is not necessary; or antractor does not submit within a reasonable time frame :)r evidence that staff to be assigned-to the project; i) have the Project Supervisor, ii) police clearance (vulnerable sector), ations or licenses required to perform the work in a particular Then the next contractor in sequence (as applicable to the selection method used) will be contacted. This selection process will repeat until a contractor is ultimately selected to perform that project. * Project Supervisor judgment to be supported by facts, data and documentation that supports the decision. 14 -11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 7 of 12 RFP2012 -9 Responsibility of Staff with Regard to T &M Projects Purchasing Services will not normally be involved in the selection of a contractor to perform T &M projects. However, the Project Supervisor shall immediately advise the Buyer of any concerns or complaints received during the preparation of an estimate, and to resolve any disputes with regards to pricing, performance of the work, or the selection process. Lump Sum Bidding Approach to Awarding a Project Individual projects valued above $10,000.00 to a maxim u6�6'f$25 000.00 (net of H.S.T. Rebate) are to be bid competitively using a lump sum bidding process, unless otherwise identified for the Contractor Service Registry. There are two methods that can be used to select $;list of contractors to beA�nvited to bid Lump Sum projects: Lump Sum Bidding Approach - Method tOne: (Full Invitat All registered contractors are invited to submit a LumpfSum Bid The bid invitation document shall include all project specific requirements to ensure that responding b riders agree to required start & completion dates, specifications; site6.and.acces&`conditiol Lump Sum Bidding Approach - MethodfTwo: (Selecting a Short List from within a Larger List) All registerediiContractors, shall be initially ranked and ;listed in the Registry by order of highest to lowest sc,4 sW the evaluated`propos S. A set number''of registered contractors (typically 3 to 5) are invited to submit a lump sum bid for each project from withih:a larger total 'list. The b. invitation document shall include all project specific requirements to etsnre that responding bidders agree to required start & completion dates, specifications, site an& kcess conditions, etc. However, this method requires a rotation list to be maintained by Purchasing-services For the first lump sum bid project, the required number of contractors ranked at the top of the list is invited to bid. Bids will be received, evaluated and a Bidder selected following the previously explained process. (In the event that the bid call is cancelled and will be recalled, the invited contractors shall be invited to bid the re -call. If the project is cancelled without a recall, the invited contractors will be placed back in priority sequence on the rotation list to be invited to bid on the next available lump sum project). , 14 -12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 8 of 12 RFP2012 -9 For the next lump sum bid project, the next group of contractors in sequence (following the initial invited list) will be contacted, using the same process in the previous paragraph. When the final contractor on the list is invited, the list will repeat from the beginning. Responsibility for maintaining and updating the list of contractors (i.e., to determine next in line to bid on the next project) resides with Purchasing Services. Responsibility of Staff with Regard to Lump Sum Bid Projects The Project Supervisor shall perform or coordinate the follciwing activities: • Provide selected contractors with the work specifications, • Respond to any inquiries received, • Analyze the bids (ensure bidding on the 4ni&-'scope of work; ask.lo and award to the lowest compliant bidder (fkwthin budget). • In the event that the lowest compliant bid exceeds.the available funds bid until the Project Supervisor can provide one of the fol the Department Manager or Director abdeFinance Departr a) Additional funds needed to complete the project are G5 Capital Project Overexpenditure (the Project Supe, recommended Bidder), ng direc clarification if in doubt), d the award of the iconsultation with ent: ;ailable in accordance with the Policy !is or will proceed to award to the b) Additional funds needed to complete the,projoct °a`re not,available, b.ut the scope of work will be reduced to conform to available fu6"" "that the` project may be re -bid (the Project Supervisor will notify,the.,invited contractors by letter of the cancellation of the bid call and the re -call in the near future The same contractors will be invited to bid on the re- call), c) Additional =funds need& to complete the proi.ect are not available, and the scope of work cannot be reduced Ab't-onform o available funds (the Project Supervisor will notify the invited contractors by litter of the cancellation of the bid call due to funds. The same contractors will be invit' d to;bid on the next'available1ump Sum Bid project) ® Upon concurrence of the reco:mmendii 'contractor from the Project Supervisor and /or Manager 4 . and /or /Director :. (depends on signing authority), reference the contract term order and 1, authorize the award,lof the project. 14 -13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 9 of 12 RFP2012 -9 Section 3.0 - Administrative Requirements Contractor Performance The Project Supervisor shall ensure that the Contractor fully complies with the project specifications and that work is performed in a safe and compliant manner. If there are any problems encountered, or any disputes arise with the Contractor, the Buyer should be notified immediately to determine next steps. Performance problems and associated correspondences should be documented for future reference. Purchase Requisitioning T &M Based Projects& Lump Sum Projects: T &M based and lump sum projects are cond contractor. Requisitioning and Verifying Pricing Requisitioning Method: 1, under the contract term order set up for the ProjectsA Lump Sum Based Projects The Term Order &Contract Number is to be used as a 'document control number for work orders, invoices and other documents or correspondence relating to the "awarded project, Steps to Verify Pricing these midst be done rior to authorizing a ment : P fY g( p 9 P Y ) The Contractor shall submit,,an invoice to the Project Supervisor within 14 business days of the completion of the work. The Project Supervisor shall verify that: a) The work has been inspected and is found to be completed, and compliant with the project specifications.;including any, ;modifications to the project specifications authorized under a change order,`�' b) The unit prices and mark up percentages stated on the priced work order (labour rates, installed service rates, materials &:equipment, rentals, sublet charges etc.) fully comply with the T &M Rates established in the Contract. This shall also apply to any extra work authorized by the Project Supervisor under a change order, c) Where the actual value of any of the contractor's supplier's materials, equipment rentals or subcontracted work exceeds $1,000.00, the Contractor has supplied copies of the supplier invoices (or the Supplier's net priced sales order if invoice is pending) and proof of receipt with the priced work order per the attached sample (supporting documentation shall be kept on file for future reference), 14 -14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 10 of 12 RFP2012 -9 d) The dates & times worked and the supplied equipment, materials and sublet services stated on the priced work order are accurate and consistent with the municipality's records, and the completed work, e) Prices for materials, supplies, equipment, rentals and sublet services stated on the priced work order have been reviewed to ensure these have been purchased at competitive prices, f) The final amount does not exceed the Contractor's estimate plus any additional costs authorized by the Project Supervisor under one or more change orders. If inaccuracies or discrepancies are found, the Project Supervisor`shall reject the proposed pricing and instruct the Contractor to re- submit the priced work order with :the necessary changes made. The Contractor shall be instructed to not issue an invoice ''untiI the changes are made to the Project Supervisor's satisfaction. Purchasing Services and Finance Department shall also be advised of ongoing invoicing or pricing discrepancies for any Contractor. The Project Supervisor shall notify Purchasing Services if th'e Contractor has not provided the requested pricing documentation within fourteen business days of the Municipality's request, so that appropriate action may be taken. The Project Supervisor should verify the `pricing and acceptance of the work as noted above. The Project Supervisor may withhold Invoice payrr)ent by such °amount as m,ay be sufficient to remedy any defect or deficiency m he work, ;pending correctjor► of the same. However, the Contractor, Purchasing Services and Finance Department must I?e informed of'the project and invoice status. Change Ord Extra Wotlk:Ordets: An "Extra Work Order" is issued for extra work that is unanticipated at the start of the project, and is deemed necessaryto, complete the; original scope of work identified in the original project. A Change Order may be authorized directly by the Project Supervisor in circumstances where it has been determined that extra ;work , is needed to complete a project to the original performance requirements. The need'I'to pefform the extra work may be due to unforeseen job site conditions discovered after the work has started, or where it is determined that the design specifications must be modified in order to meet any required building codes or other legislated requirements. The Contractor shall first submit a price for the extra work to the Project Supervisor for approval, using the applicable contract rates or mark -up percentages to develop a price. Where the Contract rates cannot be applied, then the Project Supervisor shall review the pricing proposed by the Contractor to determine if it is reasonable. 14 -15 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 11 of 12 RFP2012 -9 Additional information may also be requested to support the proposed pricing (i.e., copies of the estimate from the Contractor's suppliers, or a breakdown of the estimated labour hours and rates etc.) In the event that the Project Supervisor and the Contractor cannot come to an agreement on the price to be charged, the Buyer shall be notified immediately to try to resolve. In circumstances where the extra work must proceed immediately to avoid delays in the Project (such as to not interrupt work already in progress), the Project Supervisor may direct the Contractor to proceed with the extra work prior to obtaining pricing. However, the Project Supervisor sha,ll;,:be responsible to ensure that the pricing for the extra work is submitted by the Contractor as soon as possible and authorized in accordance with this Section before payments to the - .Contractor for the extra work may be authorized. Adherence to Corporate Policy G5 Capital Project Overexpenditure and,,Purchasing Bylaw The Project Supervisor shall ensure that if a Chang'ga, Order is' required for`.ExUa Work (or Additional Work authorized in the manner noted) that would result in overexpenditure under the Policy G5 Capital Project Overex enditure, the a p p ppropriate Department financial authority." will be immediately contacted to arrange for the approval of the' additional fund s in accordance with the Corporate Policy G5 Capital Project Overexpenditure. In the event that authorizatiorrafor the ove'rexp issued. If as a result of tli s, thb "Project must eitk to complete the project`. ithin the available fun, the terms for the cancellati, h:,or the required cha Terms of Pavment<and Invoicin The Contracto;,r,,.who has been;a price (if awai'`ded a lump surri' Schedule (if awarded;a T &M bay the Project Supervisor;'�after the determinations to be m "acle; a) That the approvedp� ym b) That the quality of the"'" Project. 14 -16 nditure is,, denied; ;;the Change Order shall not be 'r be ca "ncelled, or the work modified in such a way th'e Project Supervisor and Buyer shall negotiate ges as applicable with the Contractor. rded a, project is required to perform the project for either the bid >ed project), or, priced in strict accordance with their T &M Rate project) ?in all circumstances, payment may only be authorized by ►retractor has performed the work. This involves the following two amount equals the value of the work actually performed, and performed is in accordance with the required specifications of the THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Management of General Contracting and Other Trade Contractor Services Term Orders Page 12 of 12 RFP2012 -9 Original hardcopy invoices must be delivered or mailed to the Municipality of Clarington, Purchasing Office, 40 Temperance Street, Bowmanville, Ontario, L1C 3K6. Invoices must provide the purchase order number, complete description of good /services, contact name and location of the requesting department /location, the date when the services were completed, HST registration number and complete prices in accordance with the Contract provisions. Failure to submit an invoice with the correct information may result in payment delays. Invoices for work performed on a time and materials cost basis U( M) shall include a summary of the applicable service fees or labour rates (individually for each service category, tradesman, apprentice, helper, foreman or other workers etc.), and identify all materials, equipment and subcontracted services supplied at the company's costs (applying the applicable Cost Plus Mark Up percentages in accordance with the specific pricing provisions of the Contract), and the.dates and times the services were performed. Copies of the company's subcontractor and /or supplier invoices may be requested for verification of the costs and mark -ups billed The,above noted supporting documentation shall be signed or otherwise authorized by the Project Supervisor or hisjher designate, or applicable Director or his /her designate to indicate the Municipality's acceptance ,' iffi'e work performed. Attachments: Terms of Reference Purchasing By -Law 2010 -112 Corporate Policy G5 Capit'aI P" ro�ect,bverexpe Contractor Management ,,.. 14 -17 1''M I 4"M 1111MMIN't Vil Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution: By -law: N/A Report#: COD - 007 -13 File #: Subject: PURCHASE OF A PRE -BUILT AERIAL TRUCK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD- 007 -13 be received; 2. THAT the actions taken by the Manager of Purchasing with the solicitation of expressions of interest from known fire truck manufacturers to determine the immediate availability of a new Aerial Truck with a 1 00' Aerial Ladder be endorsed; 3. THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit and issue a purchase order to complete the transaction; and 4. THAT an information report to Council be provided summarizing the results of the Request for the Expressions of Interest and the negotiated purchase of the selected unit. 1 �- �� t -�,�1 Reviewed b :( Submitted b ��— � y' Marie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer JDB \bh Nancy T for <B.A, C.A., Director of Finance/Treasurer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623 -3379 14 -18 REPORT NO.: COD-007-13 PAGE 2 1.0 BACKGROUND 1.1 The Emergency & Fire Services Department has provided funding in their 2013 Capital Budget for the replacement of a 1988 aerial truck. 1.2 The 1988 aerial truck should have been replaced four years ago, however due to budget concerns the procurement of the aerial truck was pushed out until 2013. 1.3 Fire Services testing and inspection has been completed in compliance with the National Fire Protection Association (NFPA) regulations. The Emergency & Fire Services Aerial Truck Unit #2 built in 1988 has failed the following requirements: • pump test, NFPA 1911 — Standard for Inspection, Maintenance and Testing of Fire Pumps for In Service Automotive Fire Apparatus, 2007 Edition. • ladder test, NFPA 1914 — Standard for testing Fire Department Aerial Devices. The unit failed the Visual, Magnetic and Ultrasonic Inspection of the Ladder Test. 1.4 The Aerial Truck has been taken out of service and stored at Fire Station #2 located at 47 King Street East, Newcastle, Ontario L1 B 1 H4. 1.5 It is cost prohibitive to repair Aerial Unit #2, the repair is estimated between $60,000.00 and $80,000.00. 1.6 The Emergency & Fire Services Department normally operates with two aerial trucks. Service at this time is below our established level of service as there is only one aerial truck in service. 2.0 ANALYSIS 2.1 In order to expedite the purchase of a replacement unit, Expressions of Interest have been solicited from known manufacturers requesting the availability of pre- built units conforming to basic criteria, i.e. Aerial Truck with a 100' Aerial Ladder with accessories, the approximate cost and details with respect to the specifications. 2.2 Emergency & Fire Services, Operations and Purchasing Staff will review the submissions, select units providing the best combination of price and specification and proceed to negotiate a final delivered price for the unit with or without accessories. 2.3 In order to secure the unit in a timely manner, authorization is requested to negotiate a price and award to the manufacturer which has a unit that meets the Emergency & Fire Services and Operations Department technical requirements and falls within the approved budget. REPORT NO.: COD - 007 -13 PAGE 3 2.4 On completion of the contract award, a report to Council will be provided outlining the results of the process for information purposes only. 2.5 The existing unit 1988 Ford 8000 Superior Aerial Truck will be advertised for sale as surplus equipment on the municipal and Ontario Association of Fire Chiefs websites. The truck will be sold on an "as is — where is" basis without warranty. 2.6 If a unit acceptable to the Emergency & Fire Services and Operations Department cannot be located using the proposed expression of interest process, a formal tender and /or request for proposal process will be undertaken. 3.0 COMMENTS 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Emergency & Fire Services and Director of Operations. 4.0 FINANCIAL 4.1 The funds required for the Aerial Truck with a 1 00' Aerial Ladder are included in the Emergency & Fire Services Department approved 2013 Capital Budget. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Emergency & Fire Services Director of Operations 6.0 CONCLUSION 6.1 The Manager of Purchasing has requested Expressions of Interest from known fire truck manufacturers to,determine the immediate availability of a new Aerial Truck with a 1 00' Aerial Ladder. As well, a request for quotation for the sale of the surplus 1988 Ford 8000 Superior Aerial Truck will be undertaken. 6.2 In order to expedite the purchase of a replacement unit, the Purchasing Manager requests authorization to negotiate a purchase price for a selected unit and purchase the new Aerial Truck with a 100' Aerial Ladder in accordance with the Emergency & Fire Services Departments specifications and budget requirements. 14 -20 REPORT NO.: COD - 007 -13 PAGE 4 6.3 An information report to Council will be provided summarizing the results of the Request for the Expressions of Interest and the negotiated purchase of the selected unit. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Manager of Purchasing Attachments: Not Applicable 14 -21 Report#: COD - 008 -13 File: Subject: CO -OP TENDER C2013 -004 ASPHALT REGISTRY HOT MIX, COLD MIX & HIGH PERFORMANCE COLD MIX RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD - 008 -13 be received; 2. THAT Miller Paving Limited, with a total bid price of $16,210.37 (net of H.S.T. rebate), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2013 -004, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; 3. THAT Innovative Surface Solutions, with a total bid price of $181,356.98 (net of H.S.T. rebate), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2011 -120, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; 4. THAT the funds expended for hot mix in the amount of $16,210.37 and high performance cold mix in the amount of $181,356.98 be drawn from the Department of Operations, 2013 Current Budget Pavement Patch account 100- 36- 381 - 10255 -7112 in the estimated annual amount of $205,000.00; and 5. THAT pending satisfactory service and acceptable pricing the contract be extended for a second and third year. Submitted by:� Marie Marano, H.B.Sc., C.M.O., �J Director of Corporate Services JDB \bh 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 -22 REPORT NO.: COD - 008 -13 t•0 1.1 A tender for the supply and delivery of Hot Mix Asphalt, Cold Mix Asphalt and High Performance Cold Mix was issued on a Co- operative basis with the Municipality of Clarington, City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Township of Scugog, Township of Brock and the Region of Durham participating. The host agency for the tender call was the City of Oshawa. 1.2 The intent of the tender was to set -up a registry of vendors to allow the co- operative agencies to obtain asphalt products on an as required basis from the vendor providing the best price. The Municipality of Clarington has requirements for hot mix and high performance cold mix. 1.3 The tender was publicly advertised and called for bids on the basis of an Asphalt Registry - Hot Mix Asphalt, Cold Mix Asphalt and High Performance Cold Mix as required by the co- operative agencies. 1.4 The contract resulting from this tender will cover the supply and delivery of various asphalt products on an as required basis for a one year terms. There is an option to extend the contract for two additional one year term pending satisfactory service and acceptable pricing 2.0 ANALYSIS 2.1 A summary of bids received for the Municipality of Clarington requirements is attached and marked as Attachment 1. The tabulation lists the total bid amounts for the contract and provides an estimated value of the contract based on .historical product consumption. 2.2 The recommendation is to award the contract as follows: ® Miller Paving Limited, with a total bid price of $16,210.37 (net of H.S.T. rebate), being the lowest responsible bidder for delivery of hot mix, be awarded the Asphalt Hot Mix, and ® Innovative Surface Solutions, with a total bid price of $181,356.98 (net of H.S.T. rebate), being the lowest responsible bidder for delivery of high performance cold mix, be awarded the Asphalt High Performance Cold Mix. 14 -23 REPORT NO.: COD - 008 -13 3.0 COMMENTS 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. l PAGE 3 4.1 The Municipality of Clarington estimated annual requirements for hot mix asphalt is $16,210.37 (net of H.S.T. rebate) and high performance cold mix is $181,356.98 (net of H.S.T. rebate). 4.2 The percent price increase over 2012 pricing for hot mix is 8.6 %. The percent price decrease over 2012 pricing for high performance cold mix is 0.2 %. 4.3 The required funds for hot mix in the amount of $16,210.37 and high performance cold mix in the amount of $181,356.98 be drawn from the Department of Operations, 2013 Current Budget Pavement Patch account 100- 36- 381 - 10255 -7112. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations 6.0 CONCLUSION 6.1 After further review and analysis of the bids by Purchasing, the Durham Purchasing Co- operative and Operations Department, it is respectfully recommended that the Municipality of Clarington requirements for Hot Mix Asphalt and High Performance Cold Mix be awarded as identified in the recommendations of this report. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Manager of Purchasing Attachments: Attachment 1 — Bid Tabulation 14 -24 .p 1 N Cal Attachment #1 To Report COD - 008 -13 Bid Summary — Co- Tender C2013 -004 Hot Mix Asphalt - Supply & Delivery BIDDER Estimated 1 Year Estimated 1 Year Estimated 3 Year Contract Contract Expenditure Contract Expenditure Expenditure (net of HST) (net of HST) Innovative Surface Solutions (HST included) $181,356.98 $544,070.93 Miller Paving Limited $18,000.90 $16,210.37 $48,631.10 Markham, ON $225,401.10 $202,980.67 $608,942.02 D. Crupi & Sons Limited $33,131.60 $29,836.03 $89,508.09 -Agincourt, ON no bid no bid no bid Innovative Surface Solutions no bid no bid no bid Ajax, ON no bid no bid no bid Coco Paving Incorporated no bid no bid no bid Toronto, ON High Performance Cold Mix - Supply & Delivery BIDDER Estimated 1 Year Estimated 1 Year Estimated 3 Year Contract Expenditure Contract Expenditure Contract Expenditure (HST included) (net of HST) (net of HST) Innovative Surface Solutions $201,388.94 $181,356.98 $544,070.93 Ajax, ON Coco Paving Incorporated $225,401.10 $202,980.67 $608,942.02 Toronto, ON Miller Paving Limited no bid no bid no bid Markham, ON D. Crupi & Sons Limited no bid no bid no bid Agincourt, ON Claringtm REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAR 18, 2013 Resolution: lay -law: Report #: FND- 004 -13 File: Subject: MAYOR AND COUNCILLOR'S REMUNERATION AND EXPENSES FOR 2012 a �, It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND- 004 -13 be received for information. Submitted by: NT /RB /AY /hjl Nancy TPIor, B,BA,CPA,CA Director of Finance/ Treasurer Reviewed by: `f Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 15 -1 1 _ ► = ► Zi7i��1i11�� ■ 1.1 Appended hereto, please find a schedule detailing the compensation paid to each Member of Council during 2012 as required by the Municipal Act, S.O. 2001, c.25, Section 283. Also attached is a schedule detailing compensation paid to Clarington's representatives on the Veridian Board of Directors. 1.2 As per Resolution # GPA- 445 -95, passed by Council on July 15, 1995, attached is the Regional Municipality of Durham Report # 2013 -F -16 detailing the remuneration and expenses of the Members of Council and Regional Council appointees to local boards. 2.0 CONCURRENCE: not applicable CONFORMITY WITH STRATEGIC PLAN — not applicable Staff Contact: Nancy Taylor, B.B.A., C.P.A., C.A., Director of Finance/Treasurer Attachments: Attachment #1: Remuneration & Expenses for Mayor & Councillors — January 1 to December 31, 2012 Attachment #2: Remuneration & Expenses for Members of Veridian Corporation — January 1 to December 31, 2012 Attachment #3: Regional Report No. 2013 -F -16 15 -2 f E U c6 Q MAYOR & COUNCILLORS' REMUNERATION & EXPENSES January 1 to December 31, 2012 Name Basic Pay 113 Tax Free OMERS Municipal Gross Pay Travel Allowance Conferences Other Total Allowance Equivalent Severance (per By-law 2011.005) (Note 1) (Note 2) Mayor A. Foster 54,270.55 * 27,505.67 2,062.93 - 83,839.15 10,601.07 2,352.81 1,146.17 97,939.20 Councillor R. Hooper 20,547.57 * 11,002.33 825.18 - 32,375.08 ** 1,240.08 - 33,615.16 Councillor J. Neal 22,004.67 11,002.33 825.18 - 33,832.18 7,034.91 71.22 - 40,938.31 Councillor M. Novak*** 22,004.67 11,002.33 825.18 - 33,832.18 7,034.91 1,445.01 312.13 42,624.23 Councillor W. Parter 22,004.67 11,002.33 825.18 - 33,832.18 7,034.91 2,232.62 433.03 ,43,532.74 Councillor C. Traill 21,590.80 * 11,002.33 825.18 - 33,418.31 7,034.91 1,177.55 682.72 42,313.49 Councillor W. Woo * —+ 22,004.67 11,002.33 825.18 - 33,832.18 10,276.80 1,025.74 456.30 45,591.02 Total 184,427.58 93,519.67 7,013.98 - 284,96123 49,017.51 9,545.03 3,030.35 346,554.12 * Net of Donation to the Municipality ** Donation to the Municipality *** Regional Councillor + Deputy Mayor - January 1 to December 31, 2012 Notes: Conferences include payment made by the Municipality for registration fee and /or accommodation, as well as direct reimbursement of expenses. Other includes parking, meals, airfare, external kilometer reimbursement and miscellaneous charges. Expenses includes net HST M I LO T_ N C N E U (6 it REMUNERATION & EXPENSES OF CLARINGTON DIRECTORS OF VERIDIAN CORPORATION January 1 to December 31, 2012 Name Salary Miscellaneous Total Expenses A. Foster $ 14,934.95_ $ 6,412.95 $21,347.90 M. Novak $ 19,829.04 $ 4,318.00 $24,147.04 E. O'Toole $ 14,420.04 $ 131.00 $14,551.04 F. Stapleton $ 14,935.04 $ - $14,935.04 Total 1 1 $ 64,119.07 $ 10,861.95 $ 74,981.02 Notes: Miscellaneous Include payments made by Veridian for expenses registration fee and /or accommodation, as well as direct reimbursement of expenses. I LO T � I The Regional Municipality of Durham Report to: The Finance and Administration Committee wa)j From: R.J. Clapp, Commissioner of Finance Report No.: 2013 -F -16 Date: February 26, 2013 The Remuneration and Expenses in 2012 of Members of Regional Council and Regional Council Appointees to Local Boards, as Required by Section 284 (1) of the Municipal Act, 2001, S.O. 2001, c25 0 jj 11 k I� The Finance and Administration Committee recommends that this report be received for information and forwarded to Regional Council. REPORT: As required by Section 284 (1) of the Municipal Act, 2001, 1 have prepared a.statement of the remuneration and expenses that were paid in 2012 to Regional Councillors and Regional Council Appointees. (See attached Schedules 1 to 3 respectively). The information concerning Regional Council appointees was obtained directly from the Local Boards, with the exception of the Brock Township Landfill Public Liaison Committee, Development Charges Complaint Committee, Durham Accessibility Advisory Committee, Durham Advisory Committee on Homelessness,, Durham Agricultural Advisory Committee, Durham Environmental Advisory Committee, Durham Regional Local Housing Corporation,- Durham Region Child & Youth Advocate, Durham Region Police Services Board,, Durham Region Roundtable on Climate Change, Durham Region Transit Commission, Durham Trail Coordinating Committee, Energy from Waste - Waste Management Advisory Committee, Land Division Committee, Local Diversity and Immigration Partnership Council, Transit Advisory Committee, and the 9- 1-1 Management Board, whose accounting records are maintained by the Regional Finance Department. R.J. Clapp, CA Commissioner of Finance Attach. 44 15 -5 REGIONAL COUNCIL MEMBERS Aker, J. Ballinger, J. (5) Bath, D. Chapman, R. Clayton, T. Coe, L. (5) (6) Collier, S.' Diamond, N. Drew, R. Drumm, J. (5) England, A. Foster, A. (5) Henry, J. Jordan, C. ,R"anmp,etrl, T. McLean, W. Mercier, C. Mitchell, D. (5) (6) Neal, J. Novak, M. (5) O'Connell, J. O'Connor, G.L. (5) (6) Parish, S. Perkins, P. (5) Pidwerbecki, N. (6) Rodrigues, P. Ryan, D. Woo, W. (5) REGIONAL COUNCIL MEMBERS 2012 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS REMUNERATION MILEAGE & MEETINGS 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 56,178.86 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 50,199.44 56,178.86 50,199.44 50,199.44 50,199.44 56,178.86 50,199.44 50,199.44 56,178.86 50,199.44 50,199.44 50,199.44 1,429,502.00 435.75 1,554.03 2,445.90 213.61 2,485.37 510.75 476.51 1,041.33 680,45 233.16 695.21 1,,000.21 307.58 1,438.88 837.43 2,117.92 364.91 384.50 530.57 Ida na -I Q,ow. I v 3,383.40 5,113.20 1,802.76 3,292.41 1,365.99 518.98 2,732.37 3,488.90 2,665.93 2,415.91 863,36 2,225.33 3,615.58 1,463.11 2,381.41 1,807.15 2,320.11 1,809.32 1,079.92 3,048.66 636.00 48,029.80 SCHEDULE1 TOTAL 50,635.19 55,136.87 57,758.54 52,215.81 55, 977.22 57,544.85 51,229.17 50,675.95 51,240.77 52,931,81 53,688.34 53,545.82 50,199.44 52,848.51 51,062.80 53,119.98 54,815.23 56,178.86 50,507.02 53,101.43 53,418.28 60,103.93 52, 884.46 52, 008.76 57,643.28 50,199.44 53,778.67 51, 581.53 1,496,031.96 Page 1 of 2 15 -6 SCHEDULE1 (continued) REGIONAL COUNCIL MEMBERS 2012 REMUNERATION AND EXPENSES CONFERENCES, MEETINGS REGIONAL CHAIR REMUNERATION MILEAGE & OTHER TOTAL Anderson, R. 189,628.98 6,917.77 39,144.46 235,691.21 NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2012 REMUNERATION AND EXPENSES (1) Remuneration to the Regional Chair and Councillors is authorized by by -laws #16 -2007, #01 -2005, #08 -2004, #09 -2004, #10 -2004, #50 -95 and #61 -93. (2) The Regional Chair is provided with an automobile and is reimbursed for actual expenses incurred. (3) Regional Councillors are reimbursed as follows: Mileage - based on a rate per kilometre. Conferences, Meetings, etc. -.a rate of $75 /day for meals, etc. without receipts; however, if the daily rate is insufficient, actual expenses with receipts are reimbursed. Accommodation, registration, etc. - reimbursed based on actual receipts. (4) Expenses relating to Regional Council study and training sessions are not included in this statement. (5) Remuneration paid to Regional Councillor by Area Municipality and the Region reimburses the Area Municipality. (6) Denotes Regional Standing Committee Chair. 4 (-2 Page 2 of 2 15 -7 SCHEDULE2 REGIONAL COUNCIL MEMBERS REGIONAL COUNCIL IN LIEU OF PENSION MEMBERS $ Aker, J. 3,647.36 Bath, D. 3,647.36 Chapman, R. 3,647.36 Collier, S. 3,647.36 Diamond, N. 3,647.36 Drew, R. 3,647.36 Drumm, J. 3,647.36 England, A. 3,647.36 Henry, J. 4,287.14 Jordan, C. 3,647.36 Marimpietri, T. 3,647.36 McLean, W. 4,287.14 Mercier, C. 3,647.36 Neal, J. 3,647.36 O'Connell, J 3,647.36 Parish, S. 3,647.36 Pidwerbecki, N. 4,287.14 Rodrigues, P. 3,647.36 Ryan, D. 3,647.36 Total 71,219.18 NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2012 COMPENSATION PAID IN LIEU OF PENSION PLAN (1) Pursuant to by -law #08 -2004, members of Regional Council, including the Chair, who are not enrolled in OMERS, are entitled to compensation in lieu of a pension plan. Payment is made in the current year based on prior year's earnings. (2) Pursuant to by -law #16 -2007, the Regional Chair is enrolled in OMERS. 1 5 -8 Page 1 of 1 REGIONAL COUNCIL APPOINTEES Central Lake Ontario Conservation Authority Chapman, B. Coe, L. Collier, S. Corrigan, L. Drumm, J. England; A. Hooper, R. Marimpietri, T. Mitchell, D. Neal, J. Novak, M. Perkins, P. Rodrigues, P. Traill, C. Ganaraska Region Conservation Authority Partner, W. Woo, W. Kawartha Region Conservation Authority Hancock, J. Hooper, R. Mercier, C. Smith, T. Lake Simcoe Region Conservation Authority Ballinger, J. Bath, D. Drew, R. Toronto & Region Co nse.n.raation Authority Jordan, C. O'Connor, G.L. Ryan, D. SCHEDULE 3 REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS REMUNERATION MILEAGE & MEETINGS TOTAL 350.00 66.60 - 416.60 450.00 133.28 - 583.28 450.00 171.36 - 621.36 400.00 245.34 - 645.34 400.00 84.60 - 484.60 300.00 (11.10) - 288.90 400.00 122.67 - 522.67 300.00 60.23 - 360.23 400.00 156,51 - 556.51 450.00 190.40 - 640.40 300.00 82.42 - 382.42 2,950.00 133.28 - 3,083.28 450.00 290.36 - 740.36 250.00 76.56 - 326.56 7,850.00 1,802.51 - 9,652.51 440.00 336.96 - 776.96 495.00 135.20 - 630.20 935.00 472.16 - 1,407.16 870.00 150.00 - 1,020.00 750.00 390.50 - 1,140.50 720.00 510.00 - 1,230.00 500.00 296.00 - 796.00 2,840.00 1,346.50 - 4,186.50 1,100.00 457.16. - 1,557.16 900.00 551.24 - 1,451.24 4,400.00 1,074 23 - 5,474.23 6,400.00 2,082.63 - 8,482.63 1,515.85 658.00 - 2,173.85 6,669.74 2,224.50 - 8,894.24 606.34 310.50 - 916.84 8,791.93 3,1 93.00 - 11,984.93 A 0 Page 1 of 5 15 °9 REGIONAL COUNCIL APPOINTEES CTC Source Protection Committee Presta, J. Durham Accessibility Advisory Committee Angus, A. Atkinson, R. Barrie, S. Bremner, S. Cordahi, M. Drumm, J. McAllister, D. Roche, M. Rundle, P. Sones, S. Sutherland, M. Durham Agricultural Advisory Committee Bath, D. Bowman, E. Cohoon, Z. Cox, R. Dolstra, J. Gray, B. Howsam, B. Kemp, K Kennedy, K. O'Connor, G.L. Pistritto, P. Puterbough, F. Risebrough, D. Schillings, H. Smith, D. Watpool, T. Winter, D. Durham Region Non-Profit Housing Corporation Anderson, R. Clayton, T. Coe, L. England, A. O'Connor, G. L. Mitchell, D. Pidwerbecki, N.• REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS REMUNERATION MILEAGE & MEETINGS SCHEDULE 3 (continued) TOTAL - 473.14 - 473.14 - 473.14 - 473.14 - 129.43 - - 325.00 325.00 - - 325.00 325.00 - - 325.00 325.00 - - 325.00 325.00 - - 325.00 325.00 - - 1,625.00 1,625.00 - 186.29 - 186.29 - 339.20 - 339.20 - 129.43 - 129.43 - 19.08 - 19.08 - 505.62 - 505.62 - 73.14 - 73.14 - 951.35 153.47 1,104.82 - 371.00• - 371.00 - 190.80 - 190.80 - 310.05 - 310.05 - 580.98 65.00 645.98 - 167.90 - 167.90 - 313.76 - 313.76 - 443.71 - 443.71 - 4,582.31 218.47 4,000.78 6,000.00 6, 000.00 15 -10 4 3,338.59 9,338.59 2,643.09 2,643.09 5,981.68 11, 981.68 Page 2 of 5 REGIONAL COUNCIL APPOINTEES Durham Environmental Advisory Committee Aker, J. Barrington, A. Burt, L. Buttigieg, B. Celestial, M. Dschankilic, C. Hannan, F. Henry, J. Karney, B. Layton, G. Manns, H. McDonald, K. McRae, E. Middleton, D. Murray, K. Sellers, K. Swifi PI Virgoe, K. Durham Region Roundtable on Climate Change Aker, J. Anderson, R. Ballinger, J. Buckles, B. Cubitt, G. Drew, R. Drumm, J. England, A. Gauder, R. Georgieff, A. L. Hall, T. Holdway, D. Marimpietri, T. Mitchell, D. Neil, B. Rodrigues, P. Soliy, J. Vroegh, M. Willard, B. REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS REMUNERATION MILEAGE & MEETINGS $ $ $ So SCHEDULE 3 (continued) TOTAL 64.45 - 64.45 188.45 - 188.45 94.85 - 94.85 3.74 - 3.74 163.80 - 163.80 62.61 - 62.61 61.48 - 61.48 428.16 - 428.16 436.19 - 436.19 70.20 - 70.20 19.34 39.27 58.61 225.68 86.83 312.51 225.72 - 225.72 237.95 - 237.95 2,282.62 126.10 2,408.72 - 375.00 375.00 375.00 375.00 - Page 3 of 5 15 -11 SCHEDULE 3 (continued) REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS APPOINTEES REMUNERATION MILEAGE & MEETINGS TOTAL Durham Trail Coordinating Committee Ballinger, J. - - - - Bodsko, K. - - - - Clayton, T. - - - - Collier, S. - - - - Cooke, R. - 38.16 - 38.16 Emm, M. - - - - England, A. - - - - Farquhar, S. - 60.21 - 60.21 Kenny, B.A. - - - - Jones, K. - 29.26 - 29.26 Moscher, N.A. - - - - Novak, M. - - - - O'Connell, J. - - - - Semeniuk, M. - 157.30 - 157.30 Tucker, M. - - - - Wotten, W. - - - - - 284.93 - 2844.93 Energy From Waste - Waste Management Advisory Committee Baker, T. - 156.35 - 156.35 Burnett, N. - - - - Clayton, M. - - - - Coupland, K. - - - - Fernando, C. - - - - Porteous, A. - 34.98 - 34.98 Speelman- Viney, M. - - - - Whidden, M. - - - - Wouters, S. - 27.56 - 27.56 - 218.89 - 218.89 Housing Services Corporation Urbanski, A. 4,750.00 - 847.50 5,597.50 4,750.00 - 847.50 5,597.50 Land Division Committee Armstrong, R. 1,930.20 295.91 81.12 2,307.23 Dolstra, J. 1,926.20 - - 1,926.20 Hamilton, P. 2,118.82 147.28 - 2,266.10 Hurst, J. 2,886.83 - - 2,886.83 Komarnicki, J.M. 3,462.23 571.67 117.29 4,151.19 Marquis, D. 2,118.82 446.03 - 2,564.85 Reinhardt, K. 1,926.20 260.67 74.68 2,261.55 Taylor, W. 2,118.82 380.38 26.92 2,526.12 18,488.12 2,101.94 300.01 20,890.07 5 1 Page 4 of 5 15 -12 SCHEDULE 3 (continued) REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES NOTE TO SCHEDULE OF REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES 1. No remuneration or expenses were paid to Regional Council Appointees to the: - 9 -1 -1 Management Board - Association of Local Public Health Agencies -Association of Municipalities of Ontario - Brock Lands Master Plan Public Advisory Committee - Brock Township Landfill Public Liaison Committee - Business Advisory Centre Durham - Canadian National Exhibition Association - Development Charges Complaint Committee - Durham Advisory Committee on Homelessness - Durham Region Child and Youth Advocate - Durham Region Transit Commission - Durham Regional Local Housing Corporation - East Duffins Headwaters Committee - GTA Agricultural Action Committee - Greater Toronto Airport Authority Consultative Committee - Greater Toronto Marketing Alliance - Local Diversity and Immigration Partnership Council - Rouge Park Alliance - TRCA Trail Guidelines Advisory Committee - Transit Advisory Committee - Trent Conservation Coalition Source Protection Committee 52 Page 5 of 5 15 -13 CONFERENCES, REGIONAL COUNCIL CONVENTIONS APPOINTEES REMUNERATION MILEAGE & MEETINGS TOTAL Durham Region Police Services Board Anderson, R. 10,979.48 - 3,034.74 14,014.22 Fraser, R. 9,826.44 - 2,794.08 12,620.52 McLean, W. 5,979.42 - 4,354.24 10,333.66 Henry, J. 5,979.42 - - 5,979.42 32,764.76 - 10,183.06 42,947.82 NOTE TO SCHEDULE OF REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2012 REMUNERATION AND EXPENSES 1. No remuneration or expenses were paid to Regional Council Appointees to the: - 9 -1 -1 Management Board - Association of Local Public Health Agencies -Association of Municipalities of Ontario - Brock Lands Master Plan Public Advisory Committee - Brock Township Landfill Public Liaison Committee - Business Advisory Centre Durham - Canadian National Exhibition Association - Development Charges Complaint Committee - Durham Advisory Committee on Homelessness - Durham Region Child and Youth Advocate - Durham Region Transit Commission - Durham Regional Local Housing Corporation - East Duffins Headwaters Committee - GTA Agricultural Action Committee - Greater Toronto Airport Authority Consultative Committee - Greater Toronto Marketing Alliance - Local Diversity and Immigration Partnership Council - Rouge Park Alliance - TRCA Trail Guidelines Advisory Committee - Transit Advisory Committee - Trent Conservation Coalition Source Protection Committee 52 Page 5 of 5 15 -13 . ....... .......... .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 18, 2013 Resolution #: y -law: Report#: CAO- 003 -13 File #: • •" •11,11 Z IF It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CAO- 003 -13 be received for information. Submitted by: Franklin Wu, Chief Administrative Officer CC:FW CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 17 -1 . Lei . 9 S l a . ■ • The purpose of this report is to provide a progress report on the Strategic Priority: "Connecting Clarington ". 2.1 The 2011- 2014 Strategic Plan sets "Connecting Clarington" as one of six Strategic Priorities. � l Objective #1 under this Priority is "Improve communication" and Objective #2 is "Establish the Clarington brand ". 2.2 The five actions under Objective #1 are: 1. Develop a comprehensive, proactive communication strategy including all forms of media, technology and community engagement 2. Encourage and support staff in becoming ambassadors for the Municipality by enhancing existing programs 3. Conduct regular update of community data 4. Ensure communication is timely, accurate and accessible 5. Ensure two -way communication in enhancing understanding of issues, proposed solutions and accomplishments. 2.3 There is only one action under Objective #2 and it is: "Clarify, refresh, and promote Clarington's brand." 2.4 This report provides an update on the actions to date and anticipated future actions to deliver'on this Strategic Priority, including both the informing and the listening aspects of communication. While there are significant communications actions to advance tourism in Clarington these fall within "Showcasing Community ", a separate Strategic Priority and not within the scope of this report. 3. ACTIONS TO DATE TO ADVANCE "CONNECTING CLARINGTON" (note all data is for 2012 unless indicated otherwise) 3.1 Current actions to inform: The Municipality currently informs widely using several methods, including: Posting materials almost daily on the main municipal website as well as frequent postings on http: / /ourpIan.clarington.net Developing web blogs (101 blog posts) 17 -2 6.1' • • 1 1 791-TVTM - Creating social media postings with about 700 postings to Clarington's main Twitter account and about 1,000 to its Facebook account that have 1,100 followers and 413 page likes respectively - Purchasing advertising of approximately three full pages /month in each of Clarington This Week and Orono Weekly Times - Publishing the Recreation and Leisure Guide four times a year - Issuing media advisories (seven in 2012 with the majority related to Emergency and Fire Services) - Publishing other municipal literature in paper form and making it available at municipal facilities, e.g., Public Swim /Skate Pocket Schedules; Plan Your Escape flyer (Fire); Animal Services Responsible Pet Owner brochure; Family Safety Day promotional post cards, flyers, posters - Producing some 26 Planning information guides to inform about a range of subjects, e.g., putting up a fence, sign permits, home business guide - Publishing every three weeks the Planning Services E- Update. This is a four to ten page newsletter distributed by email to about 300 subscribers. 3.2 Current actions to engage and gain feedback: hearing the advice of nine advisory committees that Council has established, including those dealing with: ® accessibility ® agriculture ® community safety ® community improvement areas (three) ® heritage • management of a nature area • traffic management • sustainability (about to be established) receiving the judgement of residents appointed by Council to regulatory or quasi - judicial bodies, including: ® Committee of Adjustment ® Property Standards Committee ® Compliance Audit Committee - appointment of Council members and residents to a number of other municipal special purpose bodies serving the community including: ® Public Library Board ® Museum and Archives Board ® Abandoned Cemeteries Board 17 -3 • two community hall boards • two arena boards appointment of Council members and /or staff to the Board of Directors of a number of community based organizations and the participation of councillors and staff in these organizations' events to keep informed of opportunities and concerns in the community, including: ® Clarington Board of Trade ® Clarington Older Adult Association ® Santa Claus Parade Committee ® Visual Art Centre of Clarington appointment of residents to a number of bodies established by the Region of Durham, including: • Energy from Waste — Waste Management Advisory Committee • Durham Environmental Advisory Committee • Durham Region Land Division Committee • Durham Trails Co- ordinating Committee other frequent exchanges of our residents and business people with Clarington councillors and staff. These take many forms and offer us an opportunity to hear suggestions for what is working well, where improvements can be made or how an emerging issue can be addressed, including: ® delegations before Council or GPA meetings ® consultation on broader public policy matters and major development applications through Public Information Centres and Open Houses ® attendance by councillors and staff at ratepayer and citizen group meetings, community events, one -on -one meetings, or unplanned encounters in the community ® contacts on day to day service delivery matters. 3.3 Current actions to use new communication technologies and social media include: Staff are provided, within the municipality's resources, modern communication technologies that are tested and updated and are provided necessary training and support by information technology experts who keep up to date with new technologies - Corporate and administration policies dealing with the municipality's direct use of social media are being updated based on best practices and other policies impacted by this new aspect of our working environment are being reviewed. 3.4 Current initiatives to encourage and support staff in becoming ambassadors: 17 -4 Eli'' • • II - All staff within a few months of their hiring are provided two day training by experienced Clarington staff on customer service in the Municipality's context - All departments increasingly share information about the municipality's overall business, e.g., highlights of the 2013 Budget were shared by Department Heads with their staff - A well subscribed employee recognition program is in place that annually recognizes exemplary service - A program is in place that offers customers a means to compliment a demonstration of strong customer service and for the organization to reward this (High Five program) - Corporate and Departmental policies and practices reinforce staff becoming ambassadors for the Municipality through valuing this in recruitment, selection, and development of staff throughout their career with the Municipality. 3.5 Current efforts to compile and make available community data: - data on demographics of the community (for our land use planning documents), e.g., population by place of residence within our large geography, age, gender, location of employment — both current and forecasted - data on the location, size and nature of developable land for economic development purposes - maps showing transportation routes - existing and proposed, conventional and active - the most commonly used broad description of the municipality for those searching about the municipality on the Internet — the Wikipedia definition and description - was updated. 3.6 Current efforts to clarify, refresh, and promote Clarington's brand: - the "Leading the Way" brand was established about 12 years ago. Budget priorities mean that the brand has not been reviewed. At this point any work in this area would follow the gathering of information on customer priorities discussed below. • • • - 4.1 As is illustrated above, many actions have been put in place to advance this Strategic Priority. Research on best practices and Clarington's strong focus on 17 -5 customer service suggest that it is also important to ask our customers directly and independently: What do citizens expect of the service? This will permit targeted guidance on the use of resources, development of a sound communications strategy and delivery of the other "Connecting Clarington" actions efficiently and effectively. 4.2 Typically municipalities will contract a polling firm to undertake an independent survey of its citizens to ascertain the answer to questions about citizen views of services. Budget decisions are such that Staff will find means of collecting this data through a customer service survey without an additional resource draw. 4.3 Based on what we learn from our customers and research on best practices, the current actions in the Strategic Plan and being carried out as explained above will be refined and the item listed in the first action statement, "A comprehensive, proactive communications strategy ", will be set out in a future report to Council. This is expected to be completed in the Fall. Parallel work will be undertaken on gathering data on employee engagement to inform internal communications. 5. CONCLUSION Connecting Clarington is a strategic priority for the Municipality. There are many actions currently underway to deliver on this priority and more to come in the future as customer data is gathered. Staff will follow with a final report when the communication strategy is completed. CONFORMITY WITH STRATEGIC PLAN - The recommendations contained in this report conform to the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability X Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Curry Clifford, MPA, CMO, Corporate Initiatives Officer 17 -6 • Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: March 15, 2013 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — MARCH 15, 2013 — UPDATE File: C05.GENERAL PURPOSE AND ADMINISTRATION Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, March 15, 2013: 6. DELEGATIONS See attached Final List. (Attachment#1) 14. CORPORATE SERVICES DEPARTMENT b) Replacement Page 2 for Report COD-007-13, to correct vehicle reference in section 1.5. (Attachment#2) nne breren66e, Deputy Clerk AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: March 18, 2013 (a) Shirley Crago Regarding the Renaming of a Portion of Solina Road (b) Shirley Crago Regarding the Clarington Waterfront ATTACHMENT# TO REPORT NO.: COD-007-13 PAGE 2 1.0 BACKGROUND 1.1 The Emergency & Fire Services Department has provided funding in their 2013 Capital Budget for the replacement of a 1988 aerial truck. 1.2 The 1988 aerial truck should have been replaced four years ago, however due to budget concerns the procurement of the aerial truck was pushed out until 2013. 1.3 Fire Services testing and inspection has been completed in compliance with the National Fire Protection Association (NFPA) regulations. The Emergency & Fire Services Aerial Truck Unit #2 built in 1988 has failed the following requirements: • pump test, NFPA 1911 — Standard for Inspection, Maintenance and Testing of Fire Pumps for In Service Automotive Fire Apparatus, 2007 Edition. • ladder test, NFPA 1914 — Standard for testing Fire Department Aerial Devices. The unit failed the Visual, Magnetic and Ultrasonic Inspection of the Ladder Test. 1.4 The Aerial Truck has been taken out of service and stored at Fire Station #2 located at 47 King Street East, Newcastle, Ontario L1 B 1 H4. 1.5 It is cost prohibitive to repair Aerial Unit #2, the repair is estimated between $60,000.00 and $80,000.00. 1.6 The Emergency & Fire Services Department normally operates with two aerial trucks. Service at this time is below our established level of service as there is only one aerial truck in service. 2.0 ANALYSIS 2.1 In order to expedite the purchase of a replacement unit, Expressions of Interest have been solicited from known manufacturers requesting the availability of pre- built units conforming to basic criteria, i.e. Aerial Truck with a 1 00' Aerial Ladder with accessories, the approximate cost and details with respect to the specifications. 2.2 Emergency & Fire Services, Operations and Purchasing Staff will review the submissions, select units providing the best combination of price and specification and proceed to negotiate a final delivered price for the unit with or without accessories. 2.3 In order to secure the unit in a timely manner, authorization is requested to negotiate a price and award to the manufacturer which has a unit that meets the Emergency & Fire Services and Operations Department technical requirements and falls within the approved budget. HAN DOUTS /C I RCULATI ONS Application By. Valiant Rental Inc. 4 To permit adrive-through facility accessory to a bank. 80 Clarington Blvd ., Bowmanville Ail CIN 1 0 I"Hi - -- -- -- -I Ald Proposed relocation T Y } - I I Fi CO t L ri W I _ I 0 CM IIII ! II !" ! IIIII ! IIIII' , � CO O . .--- r Prince William Boulevard I-ligh .. I I ?k L CO I .: .... '� CO Of LL a W O .. CO t U —� Gs io i M gg I d I i —S F Prince William Boulevard Lei I •F ..... I Wrf.J Viuy.ial' ,� I LQ • Traff ic • Noise -�- . . • Compatibility ................................................ ................................. ................................................ .... ................ . ......... • Pedestrian character . ..... .........". ......................................... ...... ... .... .............. ............... ................... ....................................................... ...................... • Urban design .................................................... ....................................................M ............................................... ........... ............... ............... ................................................. ........... ... _ ...... ...... ................. ............ Comments r L Mi - Hi hw a Mau Y-2 � ' dw K.. r �e s Proposed " relocation 7-T LP �1J � CO ry ti ....... # Y` rf�s Prince William Boulevard '"` - Appl *lcat*ion By: Joanne Barchard m AM A� -- �� AWA APPLICATION TO AMEND THE ZONING BY- LAW • TO PROHIBIT RESIDENTIAL USES ON AGRICULTURAL LAND AS A RESULT OF THE SEVERANCE OF A SURPLUS FARM DWELLING File No.: ZBA2013 - 0002 Property Location Map(Clarke) a I N o 1conoesslon-Road ALJ F l' ED Ifs' v. M � � T N 16 Y L U a° Subject Site i Concession Road 3 T Ll Concession 3 Part Lot 30 ® Selby Lands 0 Barchard/Wilson severed land Approximate Boundary ZBA 2013-0002 of 0.6 Hectare Parcel to be retained Zoning By-law Amendment N CONCESSION ROAD coNCESSION ROaoa Owner: Joanne Barchard U X OJT a. � 3 •G - - w To I—.I--,.a4 F4—lk Subject 51.17ha Vacant Farm Parcel k k a Mr Approximate Boundary T • of 0.6 Hectare Parcel s to be retained CONCESSION ROAD 3 ,,,� CONCES ON WAD 3 r No objection from review agencies or the public • Provincial, Regional and Municipal polices encourage the consolidation of farmland • Application complies with applicable policies r ff recommend approval of this application r Property Location Map(Clarke) a I N o 1conoesslon-Road ALJ F l' ED Ifs' v. M � � T N 16 Y L U a° Subject Site i Concession Road 3 T Ll Concession 3 Part Lot 30 ® Selby Lands 0 Barchard/Wilson severed land Approximate Boundary ZBA 2013-0002 of 0.6 Hectare Parcel to be retained Zoning By-law Amendment N CONCESSION ROAD coNCESSION ROaoa Owner: Joanne Barchard U X