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HomeMy WebLinkAbout05/06/2013Cl 0 laringto-n Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: May 6, 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 April 22, 2013 4 -1 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By -law 84 -63 5 -1 Applicant: 2055979 Ontario Inc. Report: PSD- 032 -13 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final List) No Delegations 7. PRESENTATIONS (a) Pam Lancaster, Stewardship Technician, Regarding the Clean Water Healthy Land Financial Assistance Program Annual Report 8. PLANNING SERVICES DEPARTMENT (a) PSD- 032 -13 An Application to Create Four (4) Residential Lots Along 8 -1 the West Side of Harry Gay Drive Applicant: 2055979 Ontario Inc. (b) PSD - 033 -13 Proposed Plan of Subdivision and Zoning By -Law 8 -11 Amendment to Permit 18 Residential Units Applicants: William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379 G.P. & A. Agenda - 2 - May 6, 2013 (c) PSD- 034 -13 Port Granby Project End Use Management Plan 8 -35 9. ENGINEERING SERVICES DEPARTMENT No Reports 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCYAND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 016 -13 Appointment of Municipal Law Enforcement Officer— 13 -1 Summer Student 14. CORPORATE SERVICES DEPARTMENT (a) COD - 014 -13 Tender CL2013 -10, 2013 Pavement Rehabilitation — 14 -1 Various Locations (b) COD - 015 -13 Request for Proposal RFP2013 -4, Architectural Services — 14 -8 Clarington Fitness Centre Renovation 15. FINANCE DEPARTMENT (a) FND- 008 -13 Financial Update as at March 31, 2013 15 -1 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE (a) CAO -004 -13 Customer Service Survey: Scope, Methodology and 17 -1 Timing (b) CAO- 005 -13 Integrity Commissioner 17 -4 G.P. &A. Agenda - 3 - May 6, 2013 18. UNFINISHED BUSINESS None 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS No Reports 22. ADJOURNMENT wear— �Arnewoy General Purpose and Administration Committee Minutes April 22, 2013 Minutes of a, meeting of the General Purpose and Administration Committee held on Monday, April 22, 2013 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster left the meeting at 2:50 p.m., returning at 3:37 p.m. Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner left the meeting at 10:45 a.m., returning at 12:01 p.m. Councillor C. Traill Councillor W. Woo Also Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Clerk, P. Barrie Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting DISCLOSURES OF PECUNIARY INTEREST Councillor Neal declared a pecuniary interest in the Community Grant Application for "Home Base ". Councillor Hooper declared a pecuniary interest in the Community Grant Application for the "Kinsmen Club ". ANNOUNCEMENTS Councillor Partner announced the following upcoming events: • Roast Beef Dinner at the Anglican Church in Newcastle on Sunday, April 28, 2013 -1- 4 -1 General Purpose and Administration Committee Minutes April 22, 2013 • Kendal United Church Variety Show and Silent Auction on Saturday, May 2, 2013 • Lions 25th Annual Half Chicken Barbeque at the Newcastle Community Hall on May 5, 2013 Councillor Traill announced the following upcoming events: Bethesda House Annual Dinner and Auction on May 16, 2013. There will be a number of great items including a Team Canada Women's Hockey Jersey donated by General Motors and signed by all members of the Team Councillor Woo announced the following upcoming events: Group Photo opportunity on Friday, April 26, 2013, at Liberty Bowl at 7:00 p.m. to commemorate the closing of the bowling alley Public Information Sessions on the National Heritage Discussion Paper — Parks, Open Space and Trails will be held from 6:30 p.m. to 8:30 p.m. on April 30, 2013 at the Newcastle & District Recreation Complex, May 1, 2013 at the Garnet B. Rickard Recreation Complex, May 2, 2013 at the Solina Community Hall, May 7, 2013 at the Orono Arena and May 8, 2013 at Faith United Church Councillor Hooper announced the following events: • He represented the Bowmanville BIA at the Safe Communities Advisory Committee meeting on April 18, 2013 • He attended the Inaugural Meeting of the Sustainability Advisory Committee • Annual Maplefest will take place on May 4, 2013 • Attended the opening of a new exhibition by Sally Thurlow at the Visual Arts Centre on Saturday, April 20, 2013 at 2:00 p.m. • Clarington Board of Trade Annual Awards Ceremony on April 25, 2013, 5:30 p.m. at the Clarington Beech Centre Councillor Neal announced the following upcoming events: • Friends of the Farewell Courtice Spring Cleanup, April 27, 2013, starting at 9:00 a.m. • Rotary Youth Dinner on April 27, 2013 at the Courtice Community Complex Councillor Novak announced the following: • She expressed appreciation to the students, schools, community groups and the Rotary Club for the success of the Rotary Spring Cleanup this past weekend -2- 4 -2 General Purpose and Administration Committee Minutes April 22, 2013 • Durham Region Annual Spring Compost Event on Saturday, April 20, 2013, Clarington Operations Depot, 178 Darlington /Clarke Line • "Going Green" Initiative at White Cliffe Terrace Retirement Residence on April 22, 2013 Mayor Foster announced the following: • He encouraged staff and members of the public to visit the Metrolinx website at http: / /www.bigmove.ca/ to express their concerns regarding the plan • United Auto Workers' Credit Union 75th Anniversary Dinner on April 23, 2013 • Clarington's Day of Mourning Ceremony on Friday, April 26, 2013 at 11:30 a.m. • April 27, 2013 Dogs for Dogs Fundraising Event at the Leash -Free Dog Park • Blood Donor Clinic at the Garnet B. Rickard Recreation Complex on April 23, 2013 • Grand re- opening of the Shoppers Drug Mart on April 20, 2013 • He extended congratulations to the Firehall Youth Centre for the creation of their new logo which was achieved by combining two first -place winning entries MINUTES Resolution #GPA- 244 -13 Moved by Councillor Woo, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on April 8, 2013, be approved, with the following change to Resolution #GPA- 240 -13, on page 16, to correct the name of the Committee so that the resolution reads as follows: THAT Clarington Council request the Durham Region Works Committee to provide the minutes of Energy from Waste Advisory Committee (EFWAC) (Ministry of the Environment) minutes to all members of Regional Council and to members of Clarington Council within one week of the meeting. CARRIED Councillor Woo chaired this portion of the meeting. -3- 4 -3 General Purpose and Administration Committee Minutes April 22, 2013 PUBLIC MEETING (a) Subject: Application to Amend the Official Plan and the Zoning By -law 84 -63 Applicant: Iron Star Developments Inc. (Tribute) Report: PSD- 028 -13 Paul Wirch, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Bryce Jordan, Planning Consultant for the owner, a subsidiary company of Tribute Communities, was present to support the recommendations of Report PSD- 028 -13 and to answer questions. Mayor Foster chaired this portion of the meeting. DELEGATIONS DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING AN ANNUAL UPDATE Sheila Hall, Executive Director, Clarington Board of Trade (CBOT), was present regarding an Economic Update. She highlighted the increased number of new leads (15 new leads), 8 closed files, and 26 active follow up on previous leads. Ms. Hall noted that several existing companies are looking at expansion. She informed the Committee that on March 21, 2013, the CBOT team attended the Kincardine /Bruce Tour at the Bruce Power Station, meeting with their Public Relations team, Economic Development, Chamber of Commerce and BIA representatives. Ms. Hall highlighted recent educational presentations including the Real Estate Breakfast and the Agricultural Fam Tour., She informed the Committee of the upcoming Familiarization Tour on May 10, 2013. Ms. Hall noted that the CBOT membership has accepted nine new members since February, 2013. She reminded the Committee that the 15th Annual CBOT General Meeting and Awards Event will take place on Thursday, April 25, 2013. 4 -4 General Purpose and Administration Committee Minutes April 22, 2013 DELEGATION OF RICHARD WARD REGARDING A PROPERTY STANDARD"�' COMPLAIVT LTi Richard Ward was present regarding a property standards complaint. He informed the Committee of the background regarding property standards complaints on his property. Mr. Ward noted that, in 1996, when he requested a zoning change, his assessment value increase. He stated that, as a result, he had to let the property get "run- down ". Mr. Ward informed the Committee that the Region collected the garbage for five years and then stopped picking up garbage. He stated that he has criticized what he believes is illegitimate municipal procedures. Mr. Ward stated that he has respect for the current Council because they respected the rules for getting elected. He reminded the Committee that he ran for Council in 2000 and was refused the right to run in a later election. Mr. Ward challenged the election disqualification. He stated that he believes a neighbour had bargained with the government to place a complaint regarding his property in exchange for purchase of their property. Mr. Ward stated that, shortly after he had started an offer to sell to TDL, he was given an order to improve his property's standards. He explained that several municipal proceedings were made against him that were not justifiable or legitimate. Mr. Ward explained that he was charged $18,000 to have the municipality take $50,000 of his property. He stated that he was not the antagonist and never retaliated against the municipality. Mr. Ward informed the Committee that the Criminal Code states that there is a section which indicates these municipal actions against a person are considered a violation of a citizen's rights. He stated that he believes the recent complaint against him is without merit. Mr. Ward informed the Committee that he had made four complaints in relation to the last action against himself. He asked the Committee to evaluate the merit of the current complaint in the context of actions received from Municipal Property Assessment Company (MPAC). Councillor Partner left the meeting at 10:45 a.m. DELEGATION OF SHIRLEY CRAGO REGARDING CLARINGTON ENERGY PARK Shirley Crago was present regarding the Clarington Energy Park. She reminded the Committee of her recent delegation regarding the renaming of a portion of Solina Road to Crago Road. Ms. Crago provided the Committee with the history of the Crago family in Clarington. She stated that she is concerned that the new Clarington Energy Park will demand more property for a parking lot. Ms. Crago informed the Committee that Energy Drive stops approximately 10 feet from her property line. She stated that she is concerned that the extension of the road will be built on part of her property. Ms. Crago stated that she is concerned with the expropriation of 13 acres for the service road re- alignment for Highway 407. She noted that Mr. Wally McKnight had approached the Municipality about renaming a portion of Energy Drive to McKnight Drive. Ms. Crago stated that the Energy Park cannot be completed until the expropriation of the Crago land is completed. -5- 4 -5 General Purpose and Administration Committee Minutes April 22, 2013 She stated that Mr. McKnight never lived on the property and she believes that the Crago name has a greater history. Ms. Crago strongly objects to the renaming to McKnight Drive and she asked that the lower portion of Solina Road be named Crago Road. Resolution #GPA- 245 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Committee recess until 12:00 noon. CARRIED The meeting reconvened at 12:01 p.m. PRESENTATIONS PRESENTATION OF RON ALBRIGHT REGARDING REPORT EGD- 012 -13 — SAFETY IMPACTS ON CLARINGTON ROADS ASSOCIATED WITH 407 PHASE 1 — TERMINATION AT HARMONY ROAD Ron Albright was present regarding Report EGD- 012 -13 — Safety Impacts on Clarington Roads Associated with 407 Phase 1 — Termination at Harmony Road. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Albright provided the Committee with background regarding the Highway 407 East Extension project. He explained the following issues regarding the project: phased approach; concern over modeling of traffic impacts; public safety concerns related to the added traffic; accelerated deterioration of large investment in local roads; additional maintenance cost; and concern regarding timing of the phased approach. Mr. Albright explained that the Municipality's position is to ask that the Province be accountable should there be larger traffic impacts than estimated by the Ministry's traffic impact study. Councillor Traill returned to the meeting at 12:06 p.m. Councillor Woo chaired this portion of the meeting. 4 -6 General Purpose and Administration Committee Minutes April 22, 2013 PLANNING SERVICES DEPARTMENT AN APPLICATION O RESIDENTIAL O. PARKING IRON STAR DEVELOPMENTS Resolution #GPA- 246 -13 Moved by Councillor Novak, seconded by Councillor Neal THAT Report PSD- 028 -13 be received; THAT Amendment No. 94 to the Clarington Official Plan, submitted by Iron Star Developments Inc. to convert a residential property to a commercial parking lot on the subject lands as contained in Attachment 2 to Report PSD- 028 -13, be adopted and the By -law adopting the Official Plan Amendment contained in Attachment 3 to Report PSD- 028 -13 be passed; THAT the Zoning By -law Amendment application submitted by Iron Star Developments Inc. be approved as contained in Attachment 4 to Report PSD- 028 -13; THAT the Holding Symbol be lifted at such time as the proponent has conveyed permanent easements for the rear lane; THAT staff be authorized to request a modification to OPA 89 to incorporate the subject lands within the Courtice Main Street; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and THAT all interested parties listed in Report PSD- 028 -13 and any delegations be advised of Council's decision. CARRIED 7- 4 -7 General Purpose and Administration Committee Minutes April 22, 2013 PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR CONDOMINIUM TENURE OF TWO APARTMENT BUILDINGS APPLICANT: ASPEN HEIGHTS II LTD. Resolution #GPA- 247 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD- 029 -13 be received; THAT the request to deem the subject application exempt from Section 51 (Public Meeting) of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act; THAT the application for proposed Plan of Condominium C -C- 2012 -0002 submitted by Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to Report PSD- 029 -13; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 029 -13 and Council's decision; and THAT all interested parties listed in Report PSD- 029 -13 and any delegations be advised of Council's decision. CARRIED REVIEW OF AGGREGATE RESOURCES ACT Resolution #GPA- 248 -13 Moved by Mayor Foster, seconded by Councillor Novak THAT Report PSD- 031 -13 be received; THAT the Government of Ontario be requested to resurrect the review of the Aggregate Resources Act, to expand the mandate of the review to include the financial, social and natural environment impacts of aggregate extraction as outlined in Attachment 1 to Report PSD- 031 -13, and to provide for broad public input, especially from aggregate host communities, by holding public hearings across the province; and THAT all interested parties listed in Report PSD- 031 -13 and any delegations be provided with a copy of this report and be advised of Council's decision. CARRIED LM=3 General Purpose and Administration Committee Minutes April 22, 2013 Councillor Novak chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT TERMINATION SAFETY IMPACTS ON CLARINGTON ROADS ASSOCIATED WITH 407 PHASE 1 - HARMONY -•,D Resolution #GPA- 249 -13 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD- 012 -13 be received; THAT in the interest of public safety, the Municipality request the Province provide their assurance that should there be larger traffic impacts than estimated by the Ministry's traffic impact study that the Ministry take necessary corrective action to mitigate the Municipality's public safety concerns and assume all liability for any related incidents; and THAT a copy of Report EGD- 012 -13 and Council's decision be forwarded to the interested parties, the Minister of Transportation, the Honourable Glen Murray, Premier Kathleen Wynne, Jerry Ouellette, M.P.P. Oshawa Riding; John O'Toole, MPP, Durham Riding, the Regional Municipality of Durham and the City of Oshawa. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2013 Resolution #GPA- 250 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT Report EGD- 016 -13 be received for information. CARRIED Wsle 4 -9 General Purpose and Administration Committee Minutes April 22, 2013 Councillor Partner chaired this portion of the meeting. OPERATIONS DEPARTMENT MUNICIPAL WASHROOM FACILITIES Resolution #GPA- 251 -13 Moved by Councillor Novak, seconded by Mayor Foster THAT Report OPD- 002 -13 be received for information. CARRIED LATER IN THE MEETING Resolution #GPA- 252 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GPA- 251 -13 a second time. CARRIED The foregoing Resolution #GPA- 251 -13 was then put to a vote and carried. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT OPTIONS FOR RESPONDING TO MEDICAL AND RESCUE CALLS Resolution #GPA- 253 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Report ESD- 003 -13 be received for information. CARRIED 91 4 -10 General Purpose and Administration Committee Minutes April 22, 2013 FIRST QUARTER ACTIVITY REPORT — 2013 Resolution #GPA- 254 -13 Moved by Mayor Foster, seconded by Councillor Novak THAT Report ESD- 004 -13 be received for information. CARRIED Councillor Neal chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT 2013 COMMUNITY GRANT REQUESTS Resolution #GPA- 255 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report CSD- 004 -13 be received; THAT all submitted grant requests be considered; and THAT all grant applicants listed in Report CSD- 004 -13 be advised of Council's decision. CARRIED (See following motions) ARCHITECTURAL CONSERVATORY OF ONTARIO CLARINGTON BRANCH Resolution #GPA- 256 -13 Moved by Mayor Foster, seconded by Councillor Hooper THAT Grant Application #13 -01, Architectural Conservatory of Ontario Clarington Branch, be approved in the amount of $2,500.00. CARRIED - 11 - 4 -11 General Purpose and Administration Committee Minutes April 22, 2013 BOWMANVILLE ALLOTMENT GARDENS BOWMANVILLE ECOLOGY GARDEN Resolution #GPA- 257 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Grant Application #13 -02, Bowmanville Allotment Gardens, be approved in the amount of $500.00; and THAT Grant Application #13 -03, Bowmanville Ecology Garden, be approved in the amount of $500.00. CARRIED BOWMANVILLE HORTICULTURAL SOCIETY NEWCASTLE HORTICULTURAL SOCIETY ORONO HORTICULTURAL SOCIETY Resolution #GPA- 258 -13 Moved by Councillor Novak, seconded by Councillor Woo THAT Grant Application #13 -04, Bowmanville Horticultural Society, be approved in the amount of $500.00; THAT Grant Application #13 -08, Newcastle Horticultural Society, be approved in the amount of $500.00; and THAT Grant Application #13 -11, Orono Horticultural Society, be approved in the amount of $500.00. CARRIED BOWMANVILLE KINSMEN CLUB Councillor Hooper declared a pecuniary interest in the Bowmanville Kinsmen Club's Community Grant Application as his father was a founding member. Councillor Hooper left the room and refrained from discussion and voting on this matter. Resolution #GPA- 259 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -05, Bowmanville Kinsmen Club, be denied. CARRIED. -12- 4 -12 General Purpose and Administration Committee Minutes April 22, 2013 Councillor Hooper returned to the meeting. NEWTONVILLE MUSIC NIGHT IN THE PARK NEWCASTLE COMMUNITY VILLAGE CONCERTS Resolution #GPA- 260 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -06, Newtonville Music Night in the Park, be approved in the amount of $750.00; and THAT Grant Application #13 -37, Newcastle Community Village Concerts, be approved in the amount of $750.00. CARRIED AS AMENDED LATER IN THE MEETING (See following motion) Resolution #GPA- 261 -13 Moved by Mayor Foster, seconded by Councillor Novak THAT the foregoing Resolution #GPA- 260 -13 be amended by adding the following at the end: "THAT $2,250.00 be set aside for other "Music in the Park" event applications that may come forward." CARRIED The foregoing Resolution #GPA- 260 -13 was then put to a vote and carried as amended. NEWCASTLE BIA (CANADA DAY) Resolution #GPA- 262 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -07, Newcastle BIA (Canada Day), be denied. CARRIED -13- 4 -13 General Purpose and Administration Committee Minutes April 22, 2013 NEWCASTLE (SANTA CLAUS PARADE) Resolution #GPA- 263 -13 Moved by Councillor Woo, seconded by Councillor Partner THAT Grant Application #13 -09, Newcastle Santa Claus Parade, be denied. CARRIED NEWCASTLE VILLAGE & DISTRICT HISTORICAL SOCIETY Resolution #GPA- 264 -13 Moved by Councillor Traill, seconded by Councillor Partner THAT Grant Application #13 -10, Newcastle Village & District Historical Society, be approved in the amount of $1,500.00. CARRIED ORONO PARK 90TH ANNIVERSARY Resolution #GPA- 265 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -12, Orono Park 90th Anniversary, be approved in the amount of $5,000.00. CARRIED PRIDE DURHAM INC. Resolution #GPA- 266 -13 Moved by Mayor Foster, seconded by Councillor Traill THAT Grant Application #13 -13, Pride Durham Inc., be approved in the amount of $750.00. CARRIED 9"1 4 °14 General Purpose and Administration Committee Minutes April 22, 2013 -� • VNINZ Resolution #GPA- 267 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Grant Application #13 -14, Brownsdale Community Centre, be approved in the amount of $2,500.00. CARRIED HAMPTON COMMUNITY ASSOCIATION NEWTONVILLE COMMUNITY CENTRE ORONO TOWN HALL SOLINA COMMUNITY CENTRE TYRONE COMMUNITY CENTRE Resolution #GPA- 268 -13 Moved by Councillor Novak, seconded by Mayor Foster THAT Grant Application #13 -15, Hampton Community Association, be approved in the amount of $2,500.00; THAT Grant Application #13 -16, Newtonville Community Centre, be approved in the amount of $2,500.00; THAT Grant Application #13 -17, Orono Town Hall, be approved in the amount of $2,500.00; THAT Grant Application #13 -18, Solina Community Centre, be approved in the amount of $2,500.00; and THAT Grant Application #13 -19, Tyrone Community Centre, be approved in the amount of $2,500.00. CARRIED -15- 4 -15 General Purpose and Administration Committee Minutes April 22, 2013 BEECH STREET THEATRE COMPANY Resolution #GPA- 269 -13 Moved by Councillor Woo, seconded by Councillor Traill THAT Grant Application #13 -20, Beech Street Theatre Company, be approved in the amount of $2,000.00. CARRIED CANADIAN MOTORCYLE CRUISERS Resolution #GPA- 270 -13 Moved by Councillor Partner, seconded by Councillor Hooper THAT Grant Application #13 -21, Canadian Motorcycle Cruisers, be denied. CARRIED CLARINGTON NEW HORIZONS BAND Resolution #GPA- 271 -13 Moved by Councillor Traill, seconded by Mayor Foster THAT Grant Application #13 -22, Clarington New Horizons Band, be approved in the amount of $1,000.00. CARRIED CLARINGTON SWIM CLUB Resolution #GPA- 272 -13 Moved by Councillor Woo, seconded by Councillor Partner THAT Grant Application #13 -23, Clarington Swim Club, be denied. CARRIED -16- 4 -16 General Purpose and Administration Committee Minutes April 22, 2013 Resolution #GPA- 273 -13 Moved by Mayor Foster, seconded by Councillor Partner THAT Grant Application #13 -24, Courtice Parks Baseball and Softball Association, be approved in the amount of $1,500.00. CARRIED Resolution #GPA- 274 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Grant Application #13 -25, Lakeshore New Horizons Band, be approved in the amount of $750.00. CARRIED NEWCASTLE PUBLIC SCHOOL PLAYGROUND COMMITTEE Resolution #GPA- 275 -13 Moved by Councillor Woo, seconded by Councillor Partner THAT Grant Application #13 -26, Newcastle Public School Playground Committee, be approved in the amount of $2,000.00. CARRIED NEWCASTLE SKATING CLUB Resolution #GPA- 276 -13 Moved by Councillor Novak, seconded by Councillor Partner THAT Grant Application #13 -27, Newcastle Skating Club, be approved in the amount of $1,500.00. CARRIED -17- 4 -17 General Purpose and Administration Committee Minutes April 22, 2013 ORONO AMATEUR ATHLETIC ASSOCIATION Resolution #GPA- 277 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -28, Orono Amateur Athletic Association, be denied. CARRIED ORONO FIGURE SKATING CLUB Resolution #GPA- 278 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -29, Orono Figure Skating Club, be denied. CARRIED SOPER VALLEY MODEL RAILROAD ASSOCIATION Resolution #GPA- 279 -13 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #13 -30, Soper Valley Model Railroad Association, be approved in the amount of $750.00. CARRIED BIG BROTHERS AND SISTERS OF CLARINGTON Resolution #GPA- 280 -13 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #13 -31, Big Brothers and Sisters of Clarington, be approved in the amount of $2,000.00. CARRIED I": 4 -18 General Purpose and Administration Committee Minutes April 22, 2013 CLARINGTON PROJECT — A PROJECT OF COMMUNITY LIVING OSHAWA/CLARINGTON Resolution #GPA- 281 -13 Moved by Councillor Woo, seconded by Councillor Hooper THAT Grant Application #13 -32, Clarington Project, be approved in the amount of $2,000.00. CARRIED CROSSROADS CHRISTIAN ASSEMBLY Resolution #GPA- 282 -13 Moved by Mayor Foster, seconded by Councillor Partner THAT Grant Application #13 -33, Crossroads Christian Assembly, be denied. CARRIED FEED THE NEED DURHAM Resolution #GPA- 283 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Grant Application #13 -34, Feed the Need Durham, be approved in the amount of $2,000.00. CARRIED HOME BASE DURHAM Councillor Neal declared a pecuniary interest in the Community Grant Application for "Home Base" as he is on the Board of Directors. Councillor Neal left the room and refrained from discussion and voting on this matter. Mayor Foster chaired this portion of the meeting. Resolution #GPA- 284 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13 -35, Home Base Durham, be approved in the amount of $2,500.00. CARRIED -19- 4 -19 General Purpose and Administration Committee Minutes April 22, 2013 Councillor Neal returned to the meeting and chaired this portion of the meeting. Resolution #GPA- 285 -13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Grant Application #13 -36, Learning Disabilities Association of Peterborough, be approved in the amount of $2,000.00. CARRIED ROSE OF DURHAM Resolution #GPA- 286 -13 Moved by Councillor Novak, seconded by Councillor Partner THAT Grant Application #13 -38, Rose of Durham, be denied. CARRIED COURTICE HORTICULTURAL SOCIETY Resolution #GPA- 287 -13 Moved by Councillor Novak, seconded by Mayor Foster THAT $500 be set aside for the Courtice Horticultural Society, pending submission of a completed grant application. CARRIED DUKE OF EDINBURGH PUBLIC SCHOOL PLAYGROUND EQUIPMENT Resolution #GPA- 288 -13 Moved by Mayor Foster, seconded by Councillor Woo THAT $2,000 be set aside for the Duke of Edinburgh Public School playground equipment fundraiser, pending submission of a completed grant application. CARRIED -20- 4 -20 General Purpose and Administration Committee Minutes April 22, 2013 KENDAL COMMUNITY CENTRE Resolution #GPA- 289 -13 Moved by Councillor Partner, seconded by Woo THAT $2,500 be set aside for the Kendal Community Centre, pending submission of a completed grant application. CARRIED BALANCE OF COMMUNITY GRANTS FUNDS Resolution #GPA- 290 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the balance of the Community Grants funds of $3,898.30 be set aside for consideration of future applications. CARRIED CLARINGTON FITNESS CENTRE — RENOVATION PROJECT Resolution #GPA- 291 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report CSD- 005 -13 be received; and THAT the "Temporary Membership Structure ", Attachment 1 of Report CSD- 005 -13 be endorsed. CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Foster chaired this portion of the meeting. -21- 4 -21 General Purpose and Administration Committee Minutes April 22, 2013 RECESS Resolution #GPA- 292 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Committee recess for 10 minutes. CARRIED Mayor Foster left the meeting at 2:50 p.m. The meeting reconvened at 3:00 p.m. with Councillor Novak in the Chair. CORPORATE SERVICES DEPARTMENT CL2013 -12, SUPPLY & DELIVERY OF TWO (2) 43,000 LBS G.V.W. SINGLE AXLE CAB AND CHASSIS C/W SNOW PLOW, WING AND U BODY DUMP SPREADER Resolution #GPA- 293 -13 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report COD - 012 -13 be received; THAT Tallman Truck Centre Limited, Oshawa, Ontario, with a total bid price of $366,516.34 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2013 -12, be awarded the contract for Supply & Delivery of Two (2) 43,000 G.V.W. Single Axle Cab and Chassis CM Snow Plow, Wing and U Dump Body Spreader, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of $366,516.34 (net of H.S.T. Rebate) be drawn from the Operations Department 2013 Replacement of Fleet -Roads Account 110 -36- 388 - 83642 -7401. CARRIED PURCHASE OF PRE -BUILT AERIAL TRUCK WITH 100' LADDER Resolution #GPA- 294 -13 Moved by Councillor Traill, seconded by Councillor Partner THAT Report COD - 013 -13 be received for information. CARRIED -22- 4 -22 General Purpose and Administration Committee Minutes April 22, 2013 FINANCE DEPARTMENT ANNUAL LEASING REPORT - 2012 Resolution #GPA- 295 -13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report FND- 006 -13 be received for information. CARRIED ANNUAL COMMODITY HEDGING REPORT - 2012 Resolution #GPA- 296 -13 Moved by Councillor Woo, seconded by Councillor Partner THAT Report FND- 007 -13 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS REQUEST FOR PROCEDURE AND POLICY FOR APPOINTMENT AND REMOVAL OF MEMBERS TO THE VERIDIAN BOARD AND VERIDIAN CONNECTIONS [Tabled at April 8, 2013 General Purpose and Administration Committee Meeting] Resolution #GPA- 297 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT Resolution #GPA- 229 -13 be lifted from the table. CARRIED -23- 4 -23 General Purpose and Administration Committee Minutes April 22, 2013 Resolution #GPA- 298 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Municipal Clerk be directed to prepare a policy and procedure for the appointment and the removal of members to the Veridian Corporation Board, and the nomination and removal of members to the Veridian Connections Inc. Board. MOTION LOST Resolution #GPA- 299 -13 Moved by Councillor Partner, seconded by Councillor Woo THAT the Municipal Clerk be directed to prepare a procedure in accordance with Resolution #GPA- 229 -13 for the open and transparent process for the nomination by Council of a community member to the Veridian Corporation Board, and the Veridian Connections Inc. Board, and any request by Council for the removal of a community member from the Veridian Corporation Board, and the Veridian Connections Inc. Board. CARRIED DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE Resolution #GPA- 300 -13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, regarding an Economic Update, be received with thanks. CARRIED DELEGATION OF RICHARD WARD REGARDING A PROPERTY STANDARDS COMPLAINT Resolution #GPA- 301 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT the delegation of Richard Ward regarding a property standards complaint be referred to Staff. CARRIED Wz''z 4 -24 General Purpose and Administration Committee Minutes April 22, 2013 Resolution #GPA- 302 -13 Moved by Councillor Woo, seconded by Councillor Neal THAT the delegation of Shirley Crago regarding the Clarington Energy Park be received with thanks. OTHER BUSINESS Councillor Partner asked questions of staff with respect to the demolition derby that the Newcastle BIA is wanting to hold at the Newcastle & District Recreation Complex in conjunction with their Canada Day activities. Resolution #GPA- 303 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing matter a second time. CARRIED AMEND PROCEDURAL BY -LAW TO ALLOW ACCESS TO COMPUTER AND AUDIO VISUAL EQUIPMENT BY COUNCIL MEMBERS Mayor Foster returned to the meeting at 3:37 p.m. Resolution #GPA- 304 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Procedural By -law be amended to add a new section 10. 11.3 to read as follows: "A Member may have access to the computer and audio visual equipment when asking questions of a delegation or as part of a debate." MOTION LOST COMMUNICATIONS There were no items considered under this section of the Agenda. -25- 4 -25 General Purpose and Administration Committee Minutes April 22, 2013 CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA- 305 -13 Moved by Councillor Partner, seconded by Councillor Hooper THAT the meeting adjourn at 3:55 p.m. •G 4 -26 Ca-11q k1l 1=17 -26- MUNICIPAL CLERK PUBLIC MEETING REPORT # PSD- 032 -13 NOTICE OF COMP PLETE APPLI5LA 11UN I.eadirzgtheWay 'A COMPLETE PUBLIC MEETING The Municipality of Clarington has received a Complete Application for a proposed Zoning By -law Amendment. APPLICANT: 2055979 ONTARIO INC. PROPERTY: 3233 & 3191 COURTICE ROAD AND BLOCKS 96 -99 OF PLAN 4.OM ?z , 4 1 PROPOSAL: TO PERMIT THE COMPLETION OF FOUR' RESIDENTIAL LOTS THAT WERE PARTIALLY CREATED THROUGH SUBDIVISION AND ARE SHOWN IN PLAN 40M -2364 AND TO REMOVE THE HOLDING SYMBOL. FILE NO.: ZBA2013 -0005 X -REF: LD2013 -073 — LD2013 -077 A Public Meeting to receive input on the application will be held on: DATE: Monday, May 6, 2013 TIME: 9:30 a.m. PLACE: Council Chambers, 2"d Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Brandon Weiler (905) 623 -3379, extension 2419 or by e -mail at bweiler@clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, May 13, 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, May 8, 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: 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, un less, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 4th day of April, 2013. David J. Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 Cc: LDO 5 -1 csi I Property Location Map (Courtice) N N 3292 d 00 N CO O V O N CO O V' pp N � CO O LO W N Co N 03 CO V°°° i O� OD CO ' Subject Ln LO Ln U LO Lo LO LO c� co co o c o c m m Sites GEORGE REYNOLDS DR Q DEDRGEnE"oLnsoa 2 p 3252 179 ry �1 3248 1 () 1166 0 3236 �6p 3224 Z Q � � 154 = 9ROOME 150 3212 146 142 tML cf TABBAV 138 3200 134 3188 130 n s ROAD 126 3180 3172 122 118 3166 114 3158 110 106 102 LI 3150 94 � 3142 0 90 33124 Z A 2013 -0005 82 (D Zoning By -law Amendment 78 FC, N 3112 74 70 66 2 62 3090 Owner: Wilson and Linda Reid /Joseph Caiatal 58 ary-, 1361189 Ontario Ltd Ui 50 3 46 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 6, 2013 Resolution: By -law#: Report#: PSD- 032 -13 File #: ZBA 2013 -0005 Subject: AN APPLICATION TO CREATE FOUR (4) RESIDENTIAL LOTS ALONG THE WEST SIDE OF HARRY GAY APPLICANT: 2055979 ONTARIO INC. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 032 -13 be received; 2. THAT the application to amend the Zoning By -law 84 -63 submitted by 2055979 Ontario Inc. continue to be processed, including the preparation of a subsequent report; and 3. THAT all interested parties listed in Report PSD- 032 -13 and any delegations be advised of Council's decision. Submitted by: Da id rome, MCIP, RPP Director of Planning Services BW /C P /df /av April 30, 2013 -�--= , j Reviewed by: �'` ��� —� /(Jtd Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 REPORT NO.: PSD-032-13 PAGE 2 1.1 Applicant: 2055979 Ontario Inc. 1.2 Agent: Ken Hoy, Stonefield Homes 1.3 Proposal: To permit the rezoning of a portion of the lands located at the east side of 3233 & 3191 Courtice Road from Agricultural "A" to Holding Urban Residential Exception "(H)R2 -18" to allow for the completion of four residential lots that were partially created through subdivision and are shown in Plan 40M -2364, identified as Blocks 96 -99, and to recommend removal of the holding symbol from the lands once all conditions contained in the related consent applications have been met. 1.4 Area: 0.26 hectares (0.64 acres) 1.5 Location: The subject lands to this application are located on the west side of Harry Gay Drive south of the George Reynolds Drive extension. 2.1 In February 2013, 2055979 Ontario Inc. applied to amend the Zoning By -law to allow four residential lots to be created and to remove a holding symbol on the lands to allow development to occur. 2.2 In 2007, a plan of subdivision created the existing residential lots along Harry Gay Drive and George Reynolds Drive. In addition to the existing residential lots, Blocks 96 -99 were created fronting on the west side of Harry Gay Drive. The blocks were zoned (H)R2 -18. The intent was to allow for the future creation of four residential lots when additional lands to the west could be acquired and to ensure development could occur without any negative impacts. 2.3 In February 2013, the applicant submitted consent applications (LD2013 -073 to LD2013 -077 inclusive) to the Durham Region Land Division Committee. On April 15rn the Committee granted conditional approvals to convey lands from 3233 & 3191 Courtice Road to meld with Blocks 96 -99 to allow the creation of four lots fronting' on the west side of Harry Gay Drive. The lands being conveyed to Blocks 96 -99 are currently zoned Agricultural "A ". 2.4 Since 2007, the applicant and staff have worked with CLOCA, specifically during the recent review of the Hancock Neighbourhood Design Plan amendment, and have determined that four residential lots will not negatively impact the Provincially Significant Wetland (PSW) to the west of the subject lands. REPORT NO.: PSD- 032 -13 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located at the south -west intersection of Harry Gay Drive and future extension of George Reynolds Drive to the west. The lands are currently vacant. In the previous months, trees which occupied mainly the lands.being conveyed to Blocks 96 -99 have been removed with the approval of CLOCA and the Region of Durham. FIGURE 1: Aerial Photo of the subject lands 3.2 The surrounding uses are as follows: North - Vacant lands designated Green Space and containing the future extension of George Reynolds Drive South - Single Dwelling Residential properties East - Harry Gay Park West - Horse track and lands designated Green Space REPORT N®.: PSD- 032 -13 PAGE 4 FIGURE 2 Subject Lands Location within the April 2013 Approved Hancock. Neighbourhood Design Plan REPORT N®.: PSD- 032 -13 PAGE 5 FIGURE 3 Natural Heritage Features in the Hancock Neighbourhood Design Plan 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement promotes the efficient use of land that minimizes land consumption and the development of land within settlement areas that is compatible with the existing character of the neighbourhood and makes efficient use of existing infrastructure. Natural features, surface water and ground wafter features shall be protected. The application conforms with the Provincial Policy Statement. 8 -5 REPORT NO.: PSD-032-13 PAGE 6 4.2 Provincial 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. This application conforms with the policies of the Provincial Growth Plan. 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands as "Living Areas ", which shall be used predominately for housing purposes. The proposed rezoning application is completing four residential lots within an existing residential area. This proposal conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands Urban Residential — Low Density. The lands are located within the Hancock Neighbourhood. The lots that will be created as a result of the conditionally, approved consent applications are consistent with the lots shown in the Hancock Neighbourhood Design Plan that was recently revised and approved on April 17, 2013. The Clarington Official Plan recognizes the importance of natural heritage features and promotes the protection of natural heritage features and functions from incompatible development. Prior to development adjacent to a natural heritage feature an Environmental Impact Study (EIS) is required to determine potential impact, if any, the proposed development may have on the natural heritage feature, as well as mitigative measures. An EIS was conducted and submitted with the subdivision application that created the existing residential lots and Blocks 96 -99 along Harry Gay Drive. The four proposed lots, including the lands zoned "Agricultural (A)" were considered in the EIS during the review of the existing subdivision. No issues were identified with the development of the four lots. This application conforms to the Clarington Official Plan. 6.1 Zoning By -law 84 -63 zones Blocks 96 -99 as "Holding - Urban Residential Exception (H)R2 -18 ". The Holding Symbol was placed on Blocks 96 -99 to ensure no development occurred on the lands prior to additional lands being acquired and ensuring development could occur without negative impacts. 16 REPORT NO.': O P D iii PAGE 6.2 The lands that are being conveyed to Blocks 96 -99 as a result of the conditionally approved consent applications are zoned Agricultural "A" in Zoning By -law 84 -63. These portions of the new lots require rezoning to match the current "((H) R2 -28)" zoning of Blocks 96 -99. 6.3 Once all conditions contained in the related consent applications and as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol are satisfied a By -law would be required to be brought forward to Council to remove the holding. 0111111F'Ii_L _ Ti ;E ?: C flfjl0ME IS M 7.1 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 properties — one fronting on Harry Gay Drive and one fronting on Courtice Road. 7.2 The public notices for this application were mailed on April 5, 2013, and the signs posted on the properties by April 6, 2013, 30 days before the scheduled public meeting. 7.3 At the time of writing this report, one resident contacted the Planning Services Department identifying the following concerns: • Was told the lands were zoned green space and that no houses could be built on the subject lands. • Paid a premium .to be located adjacent to green space where no houses were proposed. • Meetings are held during the day when people are at work. • Paid to have a fence installed that a neighbour will now be able to use without being compensated for. • The subdivision was marketed as the "Woodlands of Upper Courtice" but trees are being removed to accommodate houses. 8.1 The Region of Durham Planning Department has no objections to the proposal. 8.2 The Central Lake Ontario Conservation Authority has no objection to the proposal but has indicated that removal of vegetation should be completed outside of bird breeding season which is typically between May 1st and July 31St REPORT NO.: PSD---032-13 PAGE 8 9.1 The proposed Zoning By -law Amendment conforms with all applicable Provincial policy, the policies of both the Durham Region Official Plan and the Clarington Official Plan, as well as the recently approved Hancock Neighbourhood Design Plan. 9.2 The Engineering Services Department has confirmed that they have no objection to the approval of this application. 9.3 The Land Division Committee conditional approvals were-granted in April. The conditions are required to be completed before the lands are conveyed to Blocks 96- 99. The conditions outlined in the approval from the Land Division Committee include rezoning the lands being conveyed to Blocks 96 -99, stewardship guidelines in the form of a' Homeowner Education Program to educate future residents about living adjacent to the natural area and wetlands to the west, satisfying the Engineering Department with respect to driveways, the sidewalk, streetlights and street trees. 9.4 Prior to the original subdivision application creating Harry Day Drive and George Reynolds Drive (approved by the Ontario Municipal Board), the Municipality had approved a Neighbourhood Design Plan (NDP) for the Hancock Neighbourhood. The four proposed lots were identified south of George Reynolds as part of the NDP. At the time of Draft Approval four blocks were created providing what would form part of the four lots identified in the NDP. The four blocks together with additional lands, which the new owner has recently managed to secure, now allows the completion of the four lots on the west side of Harry Gay Drive up to George Reynolds. In the recent update to the NDP, the future four lots were reviewed with respect to any potential impact on the Provincially Significant Wetland. It was, determined that there would be no adverse impacts. 9.5 As noted above, CLOCA confirmed the trees could not be cleared between May 1 and July 31. The applicant received approval from the Conservation Authority prior to clearing and advised municipal staff. 11 0e CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 In order to allow for the development of four residential lots that are consistent with the Hancock Neighbourhood Design Plan it is necessary that the subject lands be rezoned to Holding Urban Residential Exception "(H)R2 -18" and once the conditions of the Consent applications are completed the removal of the Holding provision on the lands. 11.2 It is recommended that the report be received, and that staff review the comments received from the public prior to a recommendation report being considered. REPORT NO.: PSD-032-13 PAGE 9 CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Brandon Weiler, Planner Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Ken Hoy Wilson and Linda Reid Joseph Caiata Alex Irvine Durham Regional Planning Department Municipal Property Assessment Corporation 0 x m 0 -o D W SD 0 O W CD N � W � Property Location Map (Courtice) IV _ �tN 3292 O � CO [9 N 7 N N 101 in 1O n N N m Wd Cp O N o c O 7 00 Subject Sites GEORGE REYNOLDS DR Q �E P6EPeT1. �p 3264 O 3252 178 1� 3248 (� 1�fl 166 3236 p U 3224 z 160 154 S 150 3212 146 142 138 3200 3188 134 130 126 3180 122 118 3172 3166 114 110 3158 106 102 W 3150 94 rr' 90 3142 -86 Q 3136 ZBA 2013 -0005 82 U, 78 3124 Zoning By -law Amendment 74 � 3112 70 BROOME V 66 = rte =r�"1 62 N 43 39 1— 58 W 35 54 55 30 W 31 50 26 27 46 47 22 (n 23 18 J 19 3090 Owner. Wilson and Linda ReidlJoseph Caiatal 1361189 Ontario Ltd 0 x m 0 -o D W SD 0 O W CD N � W � Leading the Way o a Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE D. • 2013 Report #: PSD- 033 -13 File : S -C- 2009 -0002 and ZBA 2009 -0022, Subject: PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 18 RESIDENTIAL UNITS APPLICANTS: DANIELL, ELIZABETH DANIELL AND GREEN MARTIN HOLDINGS I It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 033 -13 be received; 2. THAT the application for Draft Plan of Subdivision, submitted by William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd. to permit 18 residential units be supported, subject to the conditions contained in Attachment 4 to Report PSD- 033 -13; 3. THAT the Zoning By -law Amendment application submitted by William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd. be approved as contained in Attachment 5 to Report PSD- 033 -13; 4. THAT once all conditions contained in the Official Plan and Zoning By -law with respect to the removal of the (H) Holding Symbol are satisfied, the By -law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 5. THAT the By -law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S -C- 2009 -0002 and the Municipality of Clarington be approved as contained in Attachment 6 to Report PSD- 033 -13; 6. THAT the Region of Durham Planning Department and Municipal Property Assessment, Corporation be forwarded a copy of Report PSD - 033 -13 and Council's decision; and 7. THAT all interested parties listed in Report PSD- 033 -13 and any delegation be advised of Council's decision. Submitted by: DaviCrome, MCIP, RPP Director of Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer CS /CP /df /av April 26, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 8 -11 1. APPLICATION DETAILS 1.1 Owner /Applicant: William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd. 1.2 Proposal: Draft Plan of Subdivision 18 residential unit plan of subdivision consisting of 4 single detached dwelling units and 14 semi - linked dwelling units. Zoning By -law Amendment: Change the current zoning on the lands from "Agricultural (A)" Zone to an appropriate zone to permit the proposed development. 1.3 Site Area: 1.08 hectares (2.66 acres) 1.4 Location: The lands subject to these applications are generally located west of Green Road, south of Durham Highway 2, being in Part Lot 17, Concession 1, in the former Township of Darlington (see Attachment 1). �±�1/ %�a: • 1P1 2.1 In December 2009, the applicant submitted an application for a proposed draft plan of subdivision and rezoning. The first submission of the draft plan of subdivision proposed to develop various blocks in Plan 40M -1907, registered in 1998 and two properties situated at 1670 and 1692 Green Road for a total of 32 residential units (see Attachment 2). 2.2 As a result of further discussions with staff regarding the proposed road alignment and lotting pattern and concerns raised by area residents at the Public Meeting, the applicant revised the proposal by changing the road alignment and reducing the number of total units from 32 residential units to 18 residential units consisting of four (4) single detached dwellings and seven (7) semi - detached link lots — 14 units (see Attachment 3). 2.3 The following background studies have been submitted in support of the applications: • Conceptual Servicing Plan • Noise Report • On- Street Parking Plan • Phase 1 Environmental Site Assessment These are discussed in Section 7 of this report. 3.1 The site gently slopes in a south- easterly direction and generally consists of unmaintained grass coverage with sporadic coniferous and deciduous tree growth. The two residential dwellings situated at 1670 and 1692 Green Road were built in 1985. IN I - 151111 O � 3.2 Surrounding Uses North - Existing single detached dwellings fronting onto Durham Highway 2, and vacant lands for which a site plan application for multi- storey residential use had been applied for but since abandoned. South - Vacant lands, existing single detached dwellings and townhouse units. East Green Road and beyond that commercial. West - Existing single detached dwellings. 4.1, Provincial Policy Statement The applications were reviewed in the context of the 2005 Provincial Policy Statement ( "PPS'). New development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Planning authorities are required to provide for a range of housing types and densities. New housing is to be directed to locations where infrastructure and public services are, or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. Infrastructure and public service facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. Planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. The proposed Draft Plan and proposed Zoning By -law Amendment conform with the PPS. 4.2 Provincial Growth Plan The Provincial Growth Plan for The Greater Golden Horseshoe ( "Growth Plan ") encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit - supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian- friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. LAM U:7Zi7.iU>4i'�410K . } The Growth Plan requires municipalities to achieve a minimum density that is not less than 5Q residents and /or jobs per hectare in the designated Greenfield area and is measured across the Region of Durham. Planning for growth will take into account the availability and location of existing and planned community infrastructure so that community infrastructure can be provided efficiently and effectively. The subject applications are consistent with the principles of the Growth Plan. 5.1 Durham Regional Official Plan The subject lands are designated as "Living Area" within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio- economic factors. 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. This is discussed further in Section 11. The application conforms to the policies of the Durham Regional Official Plan. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential, in the Bowmanville Urban Area. The lands are within the Darlington Green Neighbourhood. The population allocation for the.Darlington Green Neighbourhood is 3,200 people. Urban Residential uses shall be developed at a density betweenl0 -30 units per net residential hectare. The predominant housing form shall be single detached and semi- detached dwelling units. Green Road is a Type B Arterial Road in the Clarington Official Plan. Private accesses are limited to one access for every 80 metres of road on a Type B Arterial, OPA 77, approved by Clarington Council, encourages sustainable design by promoting energy efficiency and conservation, higher densities, efficient use of infrastructure, integration of transit and green development standards. The applicant will be required to submit an Environmental Sustainability Plan as a Condition of Draft Approval. The revised applications conform to the policies of the Clarington-Official Plan. 8 -14 l�•C7i11 hGr73��� \Tt�l 6.1 Within Comprehensive Zoning By -law 84 -63, as amended, the lands are zoned "Agricultural (A) ". A zoning by -law amendment is required in order to implement the proposed Plan of Subdivision. 7.1 Conceptual Servicing Plan The Conceptual Servicing Plan prepared by GHD, demonstrates that the site can be serviced with municipal water, sewer and storm sewer services, connecting to services on Green Road and the existing portion of Bonathon Crescent. 7.2 Noise Feasibility 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. Warnings clauses have also been recommended and, through the subdivision agreement, will be required to be added to future Agreements of Purchase and Sale to inform future residents of the noise impacts and to address sound level excesses. 7.3 Phase 1 Environmental Site Assessment A Phase I Environmental Site Assessment was prepared by Geo -Logic Inc. The proposed residential development will require the removal of the two residential homes prior to the residential development proceeding. Given the age of the homes and that fact they were once in a rural location, there is a low level of concern from an environmental perspective. It is recommended that prior to the removal or demolition of the buildings the following is required: A Designated Substance Survey (DSS) should be performed at each building prior to the removal of the structures, and be presented to the renovation or demolition contractor. All water wells should be identified and properly abandoned by °an experienced licensed water well contractor in accordance with the Regulations 903, of the Water Resources Act. Due to the age of the buildings, and, previous rural location in the community, any existing or previously existing in- ground septic systems should be investigated, and if identified be properly decommissioned prior to the development of the property. 8 -15 7.4 On- Street Parking Plan ■ [ An on- street parking plan was prepared by GHD and has been submitted based on the revised proposal. It demonstrates that there is sufficient on- street parking for the proposed development. 8.1 The Public Meeting was held on March 29, 2010. There were a number of individuals who spoke in opposition to the application. A petition was provided with 48 names. The concerns and comments are noted below: • higher density homes, in particular semi - detached units will increase service costs such as snow removal, garbage pick -up and sidewalks; • increase in traffic volumes; ® request for temporary construction access from Green Road; ® concern for pedestrians because of increased traffic; and ® homes should be of similar size as the homes to west and south of the subject lands. 8.2 The applicant revised the proposal partially based on the various concerns raised at the Public Meeting and the petition. Following the revised submission, a Public Information Centre (PIC) was held on November 27, 2012 to advise the public of the changes to the plan of subdivision. Thirteen people attended this meeting. The results of the PIC will be discussed in Section 11 of this report. 41. AGENCY 9.1 The Region of Durham Planning Department has no objection to the applications. The Region finds that the applications are consistent with the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe. The subdivision is also consistent with 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 requested a number of conditions of Draft Approval, which shall be included in the subdivision agreement, among them implementing the findings of the Noise Feasibility Study, and as a result of the Phase 1 Environmental Site Assessment, a Record of Site Condition (RSC) be submitted to the Ministry of Environment and an "Acknowledgement Letter" from MOE will be required. The Region also advised of the current servicing limitations at the Port Darlington Water Pollution Control Plant. Upgrades are expected to be complete in Spring 2015. Municipal water and sanitary sewers are available and can be extended to service the site. ._ 9.2 The Kawartha Pine Ridge District School Board has advised that the development will generate up to six (6) elementary school pupils and up to three (3) secondary school students. These students will be attending Dr. Ross Tilley Public School and Clarington Central Secondary School respectively. Municipal sidewalks should be provided along Street 'A' and Bonathon Crescent. A municipal sidewalk should also connect Street "A" with Green Road (Type "B" Arterial) to facilitate pedestrian accessibility to schools. 9.3 Central Lake Ontario Conservation staff do not have any major concerns with the proposal. The property is located within the West Side Drive Master Drainage Plan Area. The proposal would therefore have to meet the requirements of the Master Drainage Plan. A number of items will be addressed during the detailed design and through the conditions of draft approval provided by CLOC. 9.4 Rogers Cable, Enbridge Gas and Hydro One Networks Inc. have offered no objection. 10.1 Emergency and Fire Services Department Emergency and Fire Services stated that the maximum length of the cul -de -sac cannot exceed 230 metres. 10.2 Operations Department Operations Department has offered no objection to the proposal. 10.3 Engineering Services Department Engineering Services has no objections to the proposed applications, subject to the following conditions of approval: ® A 5.00 metre road widening to be dedicated to the Municipality is required on Green Road. ® The applicant will be 100% responsible for the cost of the removal of the temporary cul -de -sac adjacent to the subject site. Costs will include full removal and restoration to a full municipal urban standard including sidewalk, street trees, full curb and gutter, and illumination. ® A Master Grading and Drainage Plan must be prepared that details the configuration of the on -site storm sewer system (minor system) and the conveyance of the overland flow (major system) from the subject draft plan. The grading and drainage plan must conform to the Master Drainage Study - Westside Creek. The applicant must demonstrate prior to draft approval that the runoff co- efficient for the subject site will not exceed 0.45 as per the Westside Creek Study. This information was prepared and deemed satisfactory. 8 -17 • The future extension of Bonathon Crescent must be constructed to a full municipal urban standard including all underground servicing to the south property line and barricaded at Street W. • The sidewalk on the north side of Street'A' must extend easterly to the back of the west curb on Green Road. The applicant must continue the sidewalk connection on the east side of Green Road to the existing sidewalk including both curb cuts. • The applicant must provide a sidewalk platform compatible with the future Green Road section along the entire Green Road frontage of the subject lands. • The applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication. 11.1 The original application for draft plan of subdivision, shown on Attachment 2 is made up of blocks from a previous registered Plan of Subdivision and two large lots, supporting existing dwellings which front onto Green Road. The two dwellings built in 1985 will be demolished. The applicant has been unsuccessful in their ability to purchase the lands at 1654 Green Road or a portion thereof to complete an appropriate alignment for the north -south section of Bonathon Crescent. This resulted in a "kinked" road pattern and the creation of wide shallow lots sizes in the original proposal that was inconsistent with the surrounding lot fabric. 11.2 Revisions to the Draft Plan. Based on discussion with staff, and in response to a number of concerns raised by the area residents the applicant revised the draft plan to 4 single detached units and 7 semi - linked lots (14 units). Three single detached units are on 10 metre lots. One remaining single, being Lot 5 is wider but shallow as a result of the lot configurations to the north and the proposed location of the cul -de -sac for the extension of Bonathon Crescent. The semi - linked lots are larger and wider than the typical semi - linked units which are typically 18 metres in width. These proposed units range from 22.6 to 26.0 metres in width and 31 to 39 metres in. depth. The proposed lots are for semi - linked units however will accommodate a larger house model. These models have been used on 12.0 metre single lots in other phases of Aspen Springs. As such, they will be similar in size to those located to the west and south of the subject site. The proposed 18 units on 1.08 hectares results in a density of just over 50 persons per hectare. The applications are in keeping with the Provincial and Regional targets to 50 persons per hectare measured across the Greenfield area. 11.3 Concerns from Area Residents A number of residents attended the statutory Public Meeting in objection to the proposal, their main concerns were stated in Section 8 of this report. The concerns have been categorized to simplify the discussion. Increase service costs such as snow removal, garbage pick -up and sidewalks The subject site is in the Urban Area of Bowmanville and is designated for residential use. Snow removal, garbage pick -up and the installation of sidewalks is required and provided for all developments within urban areas. Concern for pedestrians because of increased traffic Sidewalks will be installed on the north side of Bonathon Crescent, which connects the existing sidewalks, with connections to the east side of Green Road. In addition, the applicant is required to install a sidewalk platform on the west side of Green Road frontage so that sidewalk connections can be made in the future. Construction Traffic Residents do not want construction traffic to use existing portions of Bonathon Crescent. They would prefer construction traffic to use Green Road. Staff agree, although there will be occasions, such as the installation of in- ground services, when the traffic will have no alternative but to use existing portions of Bonathon Crescent. However, at all other times, construction traffic will be required to use Green Road to access the site, on a temporary basis. 11.4 Proceeding with residential development on the subject lands is the logical phase for the remainder of the lands in this neighbourhood. The technical and supporting details of the submitted studies are acceptable to staff and agencies. The 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. 11.5 All taxes payable to the Municipality of Clarington have been paid in full. 12. CONCURRENCE — Not Applicable 13.1 In consideration of the comments received from circulated agencies and area residents, and based on review of the proposal, staff recommend that the proposed Draft Approved Plan of Subdivision and Zoning By -law Amendment be approved. 8 -19 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 Staff Contact: Cynthia Strike, Principal Planner Attachments: Attachment 1 - Key Map Attachment 2 - Original and Revised Submission Attachment 3 - Revised Draft Plan of Subdivision Attachment 4 - Conditions of Draft Approval Attachment 5 - Proposed Zoning By -law Amendment Attachment 6 - Authorization By -law Interested parties to be advised of Council's decision: (list can be obtained through Planning Services Department) W PROPERTY LOCATION MAP ZBA 2009 -0022 Zoning By -law Amendment SC 2009 -0002 Draft Plan of Subdivision Owner: Daniell & Green Holdings Ltd. Al X (D o D o CD C. � , W� w0 I I I ftftftftft 1 I 22 I 121 20 19 13 ftft - 17 B0NAT _ NON I 16 15 14. CRESC - i' T r r 6 r i7 i 9 1 I 1 8 11 5 1 12 13 3 Iry 1 I I I ry - -�--- - - - - -- ------ - - -1 - U __ -- -- -- I -I - - - - --� - - - 1 - -- 1 1- _J 11 - -- I I I -- - - - - - - - , I II -- - - - - - - - W- - - - - - - - 4 Subdivision Ian S-C-2009-0002 N ORIGINAL SUBMISSION C G D -0 0 n o(D w � C� N W 0 .KNOWN AS GREEN ROAD . o,mxam VALUAM DANIEIL m GREEN ROAD p)UO— M T _ _______ ___________ ______ ________ ____ __ 4 .`C--"------------------------------------ _ .NOm ROAD WIDENING BLOCK 13 4 23.7 - --- ------ - -- w I _ PLOI Y, 72 Isnm cxP-IFl 31.9 ` yd � —� -- --*- -'*--�---�-- -- 1-- r-- �_7---T---Y EXTENSION ti D I I I I I I I I I b 5„ � N � J, 1 I I I AOp' / ry W i i I I 29.4 I N I I 1 I I I 1 1 I I I I 1 1 I I I I I I I I I 1 1 ° I I I 1 POSSIBLE FUTURE LOTS EiLOCEi 9 , I I I I I I , B (.OGIQ 11), , 1' ¢° 26.0 r PART OF LOT 17, T V , I 500 LOT 1/ 36.3 ° PV CON( ".ESSION� 1 �i I R}:GISjEItEq> I PQAIJi z9 D �- T l 0 35.0 MUNICIPALITY OF CLARINGTON ill iii _ w � W � 1 i i ____ _______________________________ 37.9 iW N � - J J o � e I PO Y�. S• i SIII33l1IBLE FUTTIURE LOS L_ i f i� iii ppA 1417'28'10 - "14 9A ^'• ------------ I C! ru;rK 65 N17'2890 "W ------------ - ---- - - - - -- - -- 0 0 CRESCENT __-' IJl x y 0717 __-- __I -_____t______'__!____ 24.140 __- __ ____' , Sz•6 -- —n lcyr & 7 - N177 e30 "Y7 9 N = , °�' I j OTHR LANDS it I I I j c_� m LCK 59 3,., q 0WNED �JY APP LICANT { , i o N17' 400 W J'.Jtl W �Q •- ,4 1 I 1 q \ 0 I = ' I I I 1 1 I I 'W " t.), J I 1 i .' 1 • 1' "A ° I 31.9 C� BLOCS 62 8 i m G, i , i,l 3 _, co 1 t /3' I F- I I 4, I ' --- __ --__Lj w h ,� 4 CLOCK 60 a I x 1 o j 319 sq.m, -------------- ---------- - - -- -I LOT 11 V r N17'24DO W 52.0 f N17' 6'10 "W 87.28 T--- RFGSTEREFJ I r .W I I I I I � I ' - T- ` l`--- T--- `T ----i I `--------- -----'w i LOT 16 1 , i ,PI AN, i LOT 10 ------ r � '---' r 1 ) i -i, i LOT 9 i LOT 15 r ll I i ST. , i i i' i 7,, , a I 1 1 --- 1 rl LOT 8 1___l___1.___L -_ _1___1___1___1___1__- 1�— :.__ -i` ~ 11 ' I RUSTWOOD STRffi METRIC rw""rc wliPa °lo""Idrmwmocernit.ap NOTES IOPWAI➢xIAAL wfww9w mpWro wY.L0. pNllea,wllrp ApuxpAar wrosuAm ¢ 9u11m mpu ntaslnr pm¢ msAwps Dr Aq ANwAS uartq N W ONNEA'9 CERnMATE BOWMANVILLE . o,mxam VALUAM DANIEIL m (I I p)UO— M T w ' .T' EXTENSION IA III I - D PROPOSED wAAYN er: AD. JIU027 PLAN 0 OF SUBDIVISION OF vwAp or, s.J. OIECIIw pY: B.J, PART OF LOT 17, T V CONCESSION I AND 500 BLOCKS 52, 53, 54, 55, 56, 57, 58, T 59, 60, 61 AND 65 REGISTERED PLAN 40M -1907 ® � MUNICIPALITY OF CLARINGTON o REGIONAL MUNICIPALITY OF DURHAM W � SCHEDULE OF LAND USE W W LOW DENSITY RESIDENnAL W O (DNA(0 Or2W [s) 'p(JN�A[ oY.tiuipp)- I.4rz p -t, (a wrz /a uxn5) 14�s1'9cu or,°vili`c)-wr s t, w,a /, uxm) TOTAL / LOTE/UNITS S,F. RESIOENnAL(1, lDi9 /te uxNa) TOTAL AREA RESIDENTIAL FLT. DEVELOPMENT - pwpR ,3 ROAD YADENIND - omm U qp3 eu ROADS p m .w. - AT 1.09 N4 . a ADOmON.L INFORMATION GATE COMNFNT9/IILMSIONS DY METRIC rw""rc wliPa °lo""Idrmwmocernit.ap NOTES IOPWAI➢xIAAL wfww9w mpWro wY.L0. pNllea,wllrp ApuxpAar wrosuAm ¢ 9u11m mpu ntaslnr pm¢ msAwps Dr Aq ANwAS uartq N W ONNEA'9 CERnMATE GREEN MARTIN HOIDWGS . o,mxam VALUAM DANIEIL m SURVEYORS GERTIFlCAtE p)UO— M �wJ;D. 8ARN6�MMIiEO w s4o " " ®�E.px r,lr \ %I�mA GnOisna lL�e<m PDdA p - BONATHON CRES. o EXTENSION D wAAYN er: AD. _ rA95076 0 vwAp or, s.J. OIECIIw pY: B.J, T V 500 DM Na DP -3 T ® � o W � W W W O Attachment 4 to Report PSD- 033 -13 CONDITIONS OF DRAFT APPROVAL FIDE NO.: S-C- 2009-0002 March 14, 2013 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S -C- 2009 -0002 prepared by GHD identified as job number 95076, revised on November 2012, and further redlined, which illustrates 14 linked units, 4 single detached units, a Future Development. Block, and a road widening. The red- line revision shall include: i) The removal of the words "Fut. Development Block 12" and replace with the words "Street B "; ii) 0.3 metre reserve on the frontage of Green Road: and iii) 0.3 metre reserve at the southerly limit of "Street B ". 2. The Owner shall dedicate to the Municipality of Clarington: a) Block 13 for a 5.0 m road widening along Green Road. 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 prepare an Environmental Sustainability Plan for approval by the Director of Planning Services and Director of Engineering Services. The Plan shall identify the measures that the Owner will undertake to conserve energy, and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non - toxic, environmentally sustainable materials and finishes. 5. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendation of the report entitled "Noise Feasibility Study, Bonathon Crescent Lots, Municipality of Clarington, Bowmanville Ontario ", prepared by Howe Gastmeier Chapnik Limited, dated September 23, 2009, which specify recommended noise control measures. The measures shall be included in the Municipality of Clarington Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions /addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall. provide the Region with a copy of the Subdivision Agreement containing such provisions prior to final approval of the plan. 6. 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. 7. The Owner shall enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement. 8. The Owner shall develop the approved draft plan in one (1) phase. 9. 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. The Landscape Plan shall show a decorative fence consisting of commercial /industrial quality powder coated metal fencing and masonry pillars .along the east property boundary of Lot 5 and Lot 6 (left) which extends the length of property line from the noise attenuation fence, identified in the Noise Report identified in Condition 5 to the road allowance of Street "A ". 10. The Owner's engineer will be required to prepare a Master Grading and Drainage Plan that details the configuration of the on -site storm sewer system (minor system) and the conveyance of the overland flow (major system) for the subject draft plan. The grading and drainage plan must conform to the Master Drainage Study - Westside Creek Addendum 3 (G.M. Sernas December 1998). That study shows the entire subject site. is intended .to drain (both major and minor flows) to Green Road. 11. The engineering drawings for this development must be signed, sealed and dated by a Professional Engineer. 12. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 13. The Owner shall obtain demolition permits) to remove all existing buildings and structures, prior to commencement of the construction of the Plan of Subdivision. Furthermore, the Owner agrees to carry out the demolition or removal of the buildings in keeping with the recommendations contained in a report entitled "Phase 1 — Environmental Site Assessment Report" prepare. by Geo -logic Inc., dated October 2009, The Owner shall provide a letter from Geo -logic Inc. to the Director of Planning Services stating that the demolition of the buildings has been completed in accordance with the recommendations of the aforesaid report. 8 -25 14. 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. 15. The Owner will be 100% responsible for the cost of the removal of the temporary cul -de -sac adjacent to the subject. site (Bonathon Crescent). Costs will include full removal and restoration to a full urban standard including sidewalk, street trees, full curb and gutter, and illumination. 16. The Owner will be 100% responsible for the costs of extending "Street B" south to the south property line. This portion of the road must be constructed to full municipal urban standard including all underground servicing to the south property line and a temporary barricade shall be installed at Street "A ". 17. Temporary turning circles may be required depending upon the phasing of the development. The need for any additional temporary turning circles and frozen lots will be determined at the engineering stage solely at the discretion of the Director of Engineering Services, 18. The sidewalk on the north side of Street "A" must extend easterly to the back of the west curb 'on Green Road. The applicant must continue the sidewalk connection on the east side of Green Road to the existing sidewalk including both curb cuts. 19. The Owner must provide a sidewalk platform compatible with the future Green Road section along the entire Green Road frontage of the subject lands. 20. The Owner shall cause all- construction traffic to exit and enter the subject site off Green Road.. On occasion, it may be necessary for construction traffic to use the existing portions of Bonathon Crescent. This shall only be permitted at the discretion of the Director of Engineering Services. 21. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash -in -lieu of such conveyance for all or a portion of the required dedication, in accordance with Section 51.1 of the Planning Act. 22. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 23. The Owner shall submit a geotechnical soils analysis to the Municipality of Clarington for approval. • _. 24. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. 25. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed and no grading on site shall commence until such time as this plan has been approved except as authorized by the Municipality. 26. 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 all watermains and hydrants must be 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. 27, 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. 28. 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. 29. 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. 30. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement, 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. 31. 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, if applicable, pursuant to the Development Charge Act if any are required to be paid by the Owner. 32. 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 each 40M Plan proposed for registration. 8 °27 33. 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 and if necessary audited by MOE. MAIN, I 34. Prior to any on -site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from 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 the recommendations of the Master Plan]; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; c) 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. 35. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out the works referred to in Condition 35 to the satisfaction of the Central Lake Ontario Conservation Authority; b) The Owner agrees to maintain all stormwater and erosion and sediment control structures operating in good repair during the construction period in a manner satisfactory to the Central Lake Ontario Conservation Authority; and c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or initiation of any on -site works. 36. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing as per the approved Authority Fee Schedule. ._ 37. 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 concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 38. 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. All 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. 39. 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 proposed subdivision. 40. 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 location and of such Widths as determined by the Region of Durham. 41. 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 sanita'ry sewers, water supply, roads and other regional services. 42. The. Owner is to co- ordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities. Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 43. All utilities will be installed within the proposed road allowances. In the event that that is not possible, easements will be provided at no cost to the utility provider. 44. 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 /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). T 45. 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 'a,nd sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) That the Builder include a disclosure in all Offers of Purchase and Sale advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. c) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition-5. d) The Owner agrees to place the following in all Offers of Purchase and Sale Agreements between the developer and all prospective home buyers: i) Due to the proximity of ,this plan to Green Road, Durham Highway 2, the railway and existing commercial uses purchasers should be aware that noise may interfere with some activities of the dwelling occupants." ii) "Despite the noise control features implemented within the development and /or within the individual dwelling units, noise levels from the adjacent Green Road, Durham Highway 2, railway and existing commercial uses may occasionally interfere with some activities of the dwelling occupants." iii) "Purchasers and tenants notified that there are existing farming operations nearby and that they will not object, complain or'seek legal action against such nuisances as noise and odour resulting from normal farming practices." 1 iv) For the Owners of Lot 5 and Lot 6 (left) shall be responsible for the perpetual maintenance of the noise attenuation fencing and the decorative fencing. 46. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Claring.fion shall be advised in writing by: a) Regional Municipality of Durham, how Conditions 3, 5, 34, 39, 40, and 41 have been satisfied; b) Central Lake Ontario Conservation Authority, now Conditions 35, 36 and 37 have been satisfied; ' 1. If final approval is not given to this plan within five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted. provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 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. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. 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) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3 (905- 668 -7721) b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, ON LIH 3T3 (905- 579 -0411) 8 °31 Attachment 5 to Report PSD- 033 -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 2009 -0022; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN .RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exception as follows: "Section 12.2 ii), those lands zoned R1 -89 on Schedules to this By. -law shall be subject to the following zone regulations: a. Yard Requirements (minimum) i) Exterior Side Yard 4.5 metres ii) Rear Yard 7.0 metres" 2. , Schedule "3" " to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: • "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R1 -41) Zone' • Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R1 -89) Zone'; and • "Agricultural (A) Zone" to "Holding -Urban Residential Exception ((H)R2 -58) Zone'; as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, BY -LAW passed in open session this day of , 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8 -32 This is Schedule "A" to By-law 2013- !11 passed this day of !11 2013 A.D. BONATI-SON ORES Q < 0 lzl� Of 0 ------------- Of U) ------------ Q 0 0 U) D Of ------- ---------- ---------- ----------- ----------- U) _U Of 0 ---------- z 0 7 z 0 Zoning Change From"A"To"(H)R1-41" Zoning Change From"A"To"(H)R1-89" Zoning Change From"A"To"(H)R2-58" Zoning Change From"RT To"(H)R1-41" Zoning Change From"RT To"(H)R2-58" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk Ry UPTOWN AVE 0 DURHAM HIGHWAY 2 BONq ON E Q z 0 < 0 0 < z O Z PRINCE WILLIAM B DULEVARD O °°D ST BOWMANVIL E <FOR ZBA 2009-0022 Schedule 3 Attachment 6 to Report PSD- 033 -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 2009 -0002 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S -C 2009 -0002. WHEREAS the Council on May 13, 2013 approved Draft Approved Plan of Subdivision S -C 2009 -0002 located in Part Lot 17, Concession 1, former Town(ship) 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 2009 -0002 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 Director of Planning Services 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 2009 -0002. 2. THAT the Director of Planning Services 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 day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk REPORT N 11, j. t PLANHWO SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 6, 2013 Resolluti®n #o Dy4aw#: Report#- PSD -034 -13 FiieM PLN 33.4 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 034 -13 be received; 2. THAT Council endorse the expenditure of funds from the Port Granby Reserve Fund, up to'a maximum of $10,000, to retain the Ganaraska Region Conservation Authority to undertake the Management Plan for the Port Granby Ecological Reserve; 3. THAT Council's decision and a copy of Report PSD - 034 -13 be forwarded to the - Ganaraska Region Conservation Authority, the Municipality of Port Hope, Erin O'Toole, M.P., Natural Resource "; Canada, the Port Hope Area Initiative Management Office, and the South East Clarington Ratepayers Association; and 4. THAT all interested parties listed in Report PSD- 034 -13 and any delegations be advised of Council's decision. Submitted by: Z_ Reviewed by: David J: Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS /CP /df 18 April 2013 CORPORATION OF THE MUNICIPALITY OPCLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 - 3.7935_ R- Fo(]F. Ji F" ► F'SC U' 4-1 VI L a management of the lands. Port Hope Council and the, GRCA Board have also endorsed the End Use Advisory Committee's report. E'C USE �= 2.1 As previously noted, the federal government will retain ownership of the existing waste site, at least in1he short term, and the lands required for the Long Term Waste Management Facility. These two sites together have an area of approximately 70 ha, leaving about 200 ha (Parcels 1 B, 2B, 3, 4 and 5 on Attachment 1) as surplus to the federal government's requirements for the Port Granby Project. Implementation of the Full End Use Concept for all of the Port Granby lands will require the,federal government to transfer ownership of the surplus lands to an appropriate organization at minimal or no cost. 2.2 It is important to note that, although the Port Hope Area Initiative Management Office participated in the preparation of the End Use Advisory Committee Report, their involvement does not constitute federal government support for and concurrence with the Full Concept. - Rather, the Government of Canada, as represented by Natural Resources Canada, has advised municipal representatives that a rationale will be required as to why ownership of the surplus lands should be transferred at less than fair market value. 2.3 Beginning in July 2012, municipal staff from Clarington and Port Hope, as well as GRCA staff and Port Granby residents, formed a working group to further the implementation of the Full Concept for the Port Granby lands, referred to as the "Port Granby Ecological Reserve ". The objectives of this working group have been to develop a governance structure and a Management Plan for the Ecological Reserve. As illustrated by Attachment 3 and as discussed below, both of these are key elements of a "Business Plan" for the Port Granby Ecological Reserve and are critical to providing the rationale required by the federal government as noted above. 2.4 Governance Structure 2.4.1 The creation of a governance structure for the Port Granby Ecological Reserve will be required to manage the Reserve and to guide the implementation of the End Use Concept. It will also provide a framework`within which government agencies, non - government groups and the public can participate, and demonstrate to the federal government that the the surplus lands will be effectively managed. The "Port Granby Alliance" is a working name to describe the governing body for the Ecological Reserve. 2.4.2 A number of issues need to be addressed in determining the most appropriate structure for the Alliance. These issues in membership, mandate and decision - making responsibilities; the ownership of the lands within the Reserve; plus sources and expenditure of the funds required to implement the Full End Use Concept. REPORT N®.. PSD- 034 -13 PAGE 4 2.4.3 The working group has discussed a number of possible governance models and has looked at other similar organizations such as the Samuel Wilmot Nature Reserve, Valleys 2000, and the Rouge River Alliance. It has also explored the use of land trusts and conservation easements to ensure appropriate protection for the lands within the Reserve. Staff will report to Council at a later date on governance issues for the Port Granby Ecological Reserve, 2.5 Management Plan 2.5.1 The preparation of a Management Plan is necessary to guide the work to implement the Full End Use Concept for the Port Granby Ecological Reserve over the short term and long term. The Plan will describe how individual parcels will be used and will provide detailed site and planting plans. It will also include a conceptual capital works plan, an operations and maintenance plan, recommended monitoring activities, and a strategy for community involvement and awareness. 2.5.2 A key component of the Management Plan will be the undertaking of an Environmental Inventory of the lands covered by the Full End Use Concept. This inventory will provide crucial information on existing conditions within the Reserve lands such as flora, fauna, soils and hydrogeology, and will help establish a baseline to allow changes in the Reserve and the health of ecosystems to be tracked over time. It will be important to initiate this work in Spring 2013 and have it completed by the end of 2013 prior to any major construction activities occurring on the Port Granby lands. 2.5.3 Draft Terms of Reference for the Management Plan for the Port Granby Ecological Reserve are included in Attachment 4. The cost of having GRCA staff prepare the Management Plan, including the environmental inventory, is estimated to be $10,000. GRCA staff have indicated that the Plan would be completed by the end of 2013. 2.5.4 Currently, most of the federal lands (except for the existing and new waste sites) are being rented for agriculture and will continue to be cropped on an interim basis. 3.1 Staff Report FND- 018 -12, considered by Council in June 2012, discussed the disposition of the $10 Million Host Community Fee and associated interest for the Port Granby Project. Council resolved in part "that the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures as deemed necessary". The Port Granby Reserve Fund currently has a balance of $156,000 drawn from interest on the Host Community Fee. . 3.2. Funding the preparation of the Management Plan for the.Port Granby Ecological Reserve is consistent with Council's direction on the use of these funds. Retaining GRCA to undertake the work is logical and cost effective given the Authority's recent watershed planning work in the Port Granby area and their involvement in the development and implementation of the End Use Concept. •l 4.1 This report has been reviewed by Jerry Barber, Manager of Purchasing, who concurs with its recommendations.. Se CONCLUSIOM 5.1 It is important to maintain the momentum created by Council's endorsement of the Full End Use Concept for the Port Granby Ecological Reserve. The preparation of the Management Plan for the Reserve, together with formulating a governance structure for the Port Granby Alliance, are critical to ensuring that End Use Concept is implemented. 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 X Promoting green initiatives Investing in infrastructure X Showcasing o.ur community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz, Principal Planner Attachments: Attachment 1 - Federal Land Holdings in Port Granby area Attachment 2 - Full End Use Concept for Port Granby Ecological Reserve Attachment 3 - Business Plan Development Process Attachment 4 - Draft Terms of Reference: Port Granby Ecological Reserve Management Plan List of interested parties to be notified of Council's decision: Linda Laliberte Carl Cannon Erin O'Toole David McCauley Craig Hebert Frances Brooks Om .;�.drr'^.'a, _ � 6'9. "^�r'1 I'I•� -•t' '''3• ,6:C:; _ _i'�.I �c�r �F"` :�.�,;�r�- _�i..,yr °�-�w" �i'�l y: 14 e.1 ji 01 Z,-�•I�'M •I:h1� j k,i_�. •� --:`' ,4`•', 11111111. _Cn [_''ti. i 7 Iltl� . ' �v� _ .. ^. - , .•�!•�`���''• a -' .�,' 11.14 ;�' _ _ - �y�• __ '1 �4 jt. _ ' ly1M1 . • 1 .. 1111 - 5, - •:�:.. • ' ��S 1 +�L''1 a• - - <4>">-•' ,111•. _•� O X O O �• D 0 O W (D W 3 7 II K 7-1 R�- 7" t Lake Ontario =- t.' . ----------- '.25 250 Soo Mel= 00 Level, RadloactiVe T---cud 'FJsc- Landscape Design 'C'unceol Figurell ,F`Teterued Design Concept Not to Scalle 0 �c 0 > C5 C-3 ... ... CD Part Granby Eco�o&ac Reserve 'Leavong a.n - honou raWe legacy for future gene raVons'. I ApP roved Port (Srraniby project Ecology First, End Use Advisory Committee Deport, End Use Nan March 2010 V Develop governance framework (including membership, mandate, (Governance land ownership, and funding) To support ecological restoration of .Full Concept lands; Structure o To engage government, public, and private entities in -- - - -- appropriate roles; To foster public & community involvement in the implementation �i of the Ecological Reserve Prepare and approve pprove Managemruent Man for the Ecological Deserve Management ° To provide guidance for restoration of lands based on "Full Concept ". ° To demonstrate the Alliance's competency to manage the Reserve in Nan f both the short Wong terms - To provide a context for federally retained lands To provide for possibility of future expansion of Reserve Trani, eir-6fSu 5r g 't e6e 0 er6 l L s. A d e a Hands 0 CD ..0 O :21- -0 D C/) W n o 3 w w w Attachment 4 To Report PSD- 034 -13 TERMS OF REFERENCE PORT GRANBY ECOLOGICAL RESERVE MANAGEMENT PIT (DRAFT — MARCUS 2013) INTRODUCTION AND OVERVIEW 1.® PURPOSE OF THE MANAGEMENT PLAN 1.1 To guide the restoration of the "Full Concept" lands based on. the Port Granby Project Ecology First, End Use Advisory Committee Report, March 2010. 1.2 To demonstrate to the Government of Canada and municipal Couhcils that the "Port Granby Alliance" has the ability to implement the Full Concept and to manage the Port Granby Ecological Reserve in the short term and long term. 1.3 To provide a framework for the lands that will remain under the control of the Government of Canada and ensure they support and enhance the implementation of the Full Concept, 1.4 To provide for the possible inclusion of additional lands into the Port Granby Ecological Reserve. 2.0 BASIS OF THE MANAGEMENT PLAN 2.1 To use an "environment first" strategy to implement the Full Concept. 2.2 To restore the Lake Ontario Shoreline ecosystem through the creation of a variety of wildlife habitats, environmental linkages and land uses on the Full Concept lands. 2.3 To take a phased approach to the implementation of the Full Concept through the use 'of detailed' short term strategies, budgets and work plans. 3.0 ASSUMPTIONS 11 An appropriate governance and funding structure for the Port Granby Ecological Reserve will be approved and established. 3.2 The Government of Canada will transfer ownership of its surplus land holdings to an appropriate public agency for the purposes of implementing the Full Concept.` 3.3 The Management Plan will not deal directly with the lands within the Port Granby Waste Management Facility or the the Port Granby Long Term Waste Management Facility. 3.4 Restoration and landscaping work undertaken by the the Government of Canada on its lands, both during and after the completion of the Port Granby Project, will support and be consistent with the "Full Concept" and the March 2010 End Use Report and this Management Plan. 3.5 The.Management Plan will be endorsed by the Councils of the Municipality -of Clarington and the- Municipality of Pbrt Hope, and by the Board of the Ganaraska Region Conservation Authority. 3.6 The ".Pre- Alliance Management Committee" will be fully involved in the development of the Management Plan. 4.0 OPPORTUNITIES 4.1 Public and-community involvement in the implementation of the Full Concept. 4.2 Provincial emphasis on Lake Ontario restoration (e.g., Great Lakes Strategy and community funds). 4.3 Climate change carbon sequestering opportunities 4.4 Possible integration of local community and cultural assets into the planning process. 4.5. Continuing involvement of the Pre - Alliance Management Committee, 4.6 Ability of plan to support local environmental planning initiatives e.g. Lovekin Creek, Bouchette Point Creek, and Port Granby Creek Watershed Plan, and Ganaraska Region Conservation Authority Natural Heritage Strategy. 5.0 CHALLENGES 5.1 Ensure to the extent possible that the work undertaken by the Port Hope Area Initiative as part of the Port Granby Project is integrated with and supports the implementation of the Management Plan. 5.2 Provide sufficient flexibility in the planning and implementation process to address Port Granby Project works that do not necessarily fit into the overall long -term restoration objectives. 5.3 Cumulative uncontrollable threats such as climate change and invasive species that may challenge the ability of the restoration plan to be implemented successfully. THE MANAGEMENT PLAN 6.0 COMPONENTS OF A MANAGEMENT PLAN 6.1 Environmental Inventory This inventory will be the collection of ecological information required to make informed decisions about the management of natural spaces on the "Full Concept" land holdings. Ecological information (flora and fauna, soils, and hydrologic /hydrogeological conditions) collected will be synthesized to allow interpretation and guidance through the decision making process. This work will assist in establishing a baseline to allow tracking of changes over time to determine the "health" of ecosystems and whether species' are increasing within and adapting to restored sites. 6.2 Use of Lands. A plan will describe how the "Full Concept" land holdings'will be specifically used on a parcel by parcel basis. This will include a description of agricultural uses, natural areas, public access and educational uses. The support and input of the Pre - Alliance Management Committee will be important in the development of this plan. 6.3. Implementation Plaai A conceptual capital works plan will be developed describing the investment required to protect and rehabilitate natural features as well as improve passive recreational opportunities. This will include recommended parcel /block planting plans, a preliminary shoreline naturalization plan, -- f recommended block /parcel capital project plans, and a preliminary waterfront trail /rest area development plans. 6.4 Operations and Maintenance A fiscally responsible plan defining routine, ongoing operating and maintenance activities and equipment is needed to ensure a clean, safe, and 6aturalized "Full Concept" land holdings. Recommendations regarding options for operation and maintenance of the land holdings, including cost implications will be prepared. The plan will consider and or address future threats such as invasive species and climate change. 6.5 Community Involvement and Awareness A strategy for environmental education opportunities, natural area stewardship programs and community involvement activities. The'strategy would also respond to` public access /uses of the "Full Concept" land holdings. 6.6 Monitoring A description of recommended monitoring activities will be created to assist iri evaluation of the effectiveness of implementing the "Full Concept" on the subject land holdings. The monitoring activities will allow for future adaptive management to occur in addressing new opportunities or threats. 6.7 Timelines and Costs The time required to complete the Port Granby "Full Concept" Management Plan will depend on discussions with the Port Hope Area Initiative Management Office and the Port Granby pre - Alliance committee, but should be completed by the end of 2013. The'cost of Ganaraska Region Conservation Authority staff to complete the work is estimated at $10,000. 7.1 The detailed Management Plan will be based on the "Full Concept" recommendation, and will take a phased approach to implementation. 7.2 The detailed Management Plan will include a detailed site plan and planting prescriptions and will provide the basis for annual budgeting over the first five years after approval of the Plan. 73 The detailed Management Plan will reflect the following priorities: 1. Restoration of Block 5; 2. Restoration of old growth and interior,forest communities; 3. Restoration of Parcels 1B and 4; 4. Restoration of,Parcel 3; 5. Conversion of some lands from intensive agriculture to hay pasture; and 6. The planting of vegetative screening buffers by the Port Hope Area Initiative on the north side of Lakeshore Road, the east side of of Elliot Road, and the west side of Nichols Road. 8 -45 Meeting: General Purpose and Administration Committee Date: May 6, 2013 Resolution: By -law #: Report#: CLD- 016 -13 File #: Subject: APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER — SUMMER STUDENT It is respectfully recommended that Council approve the following: 1. THAT Report CLD- 016 -13 be received; and 2. THAT the by -law appointing Mr. Eric Baird as a Municipal Law Enforcement Officer, attached to Report CLD- 016 -13, be passed. Submitted by: PLB /LDC aftie, CMO I Clerk 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 -1 REPORT NO.:CLD- 016 -13 Page 2 of 2 1. BACKGROUND The Municipal Law Enforcement Division has hired a student to work as an enforcement officer for the summer months primarily on complaints of long grass and weeds as well as West Nile concerns for standing water. The student, Eric Baird, is currently enrolled in full -time post secondary courses in the field of law enforcement. Mr. Baird will commence his duties on May 6th with an in- service training course organized by the Manager of Municipal Law Enforcement to familiarize him with municipal procedures and the by -laws that he will be responsible for. Once that is completed he will be enforcing the by -laws. In order to be able to perform his duties he need to be appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. Accordingly, it is recommended that the attached by -law be forwarded to Council for passage. 2. CONCURRENCE: Not Applicable 3. CONCLUSION: In order for Eric Baird to be able to perform his duties as an officer, it is necessary for an appointment by -law to be passed by Council. CONFORMITY WITH STRATEGIC PLAN — Not Applicable STAFF CONTACT: Len Creamer, Manager, Municipal Law Enforcement ATTACHMENTS 1. By -law to appoint Eric Baird as a Municipal Law Enforcement Officer for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013- Being a By -law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By -laws of the Municipality; and WHEREAS it is desirable to appoint ERIC BAIRD as a Municipal Law Enforcement Officer by By -law for the purpose of enforcing the By -laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT ERIC BAIRD is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Eric Baird's appointment as a Municipal Law Enforcement Officer shall remain in effect for the duration of his term of employment with the Municipality of Clarington. BY -LAW passed in open session this 13th day of May, 2013. Adrian Foster, Mayor Patti L. Barrie, CMO, Municipal Clerk 13 -3 r �;ke hA [0,4- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 6, 2013 Resolution #: By -law #: Report#: COD - 014 -13 File #: Subject: TENDER CL2013 -10, 2013 PAVEMENT REHABILITATION - VARIOUS LOCATIONS It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD - 014 -13 be received; 2. THAT Coco Paving Incorporated, Bowmanville, Ontario, with a total bid in the amount of $1,624,957.94 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2013 -10 be awarded the contract for 2013 Pavement Rehabilitation - Various Locations, as required by the Municipality of Clarington, Engineering Department; 3. THAT the funds required in the amount of $1,950,000.00 (which includes $1,624,957.94 for construction, tendering, design, contract administration, material testing, contingencies and net HST) be drawn from the following Engineering Department Capital Accounts: 110 -32- 330 - 83212 -7401 ( 2013) ...... ............................... ..................$1,762,512.00 110 -32- 330 - 83212 -7401 (2011 UECF) ............................ .....................$34,199.33 110 -32- 330 - 83212 -7401 (2009 UECF) ........................... ....................$153,288.67 Total funds required ........................ ............................... ..................$1,950,000.00 4. THAT the Mayor and Clerk be authorized to execute the necessary agreement. Submitted by; - y_ Marie Marano, H.B.Sc., Director,of Corporate-Services Nancy Taylor, BB CPA, CA, Director of Finance/Treasurer MM \JDB \mc Reviewed by: Franklin Wu, Chief Administrative Officer 14 -1 :4211:16131T• • 1 1 1. BACKGROUND 1.1 Tender specifications were provided by AECOM Canada Limited 2013 Pavement Rehabilitation Various Locations. 1.2 Tender CL2013 -10, 2013 Pavement Rehabilitation - Various Locations was advertised in the Daily Commercial News as well as electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were received and tabulated as per "Attachment 1 ". 2. ANALYSIS 2.1 A total of three (3) submissions were received in response to the tender call. All submissions were deemed compliant. 2.2' After further review and analysis of the compliant bids by AECOM, the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Coco Paving Incorporated, Bowmanville, Ontario be recommended for the contract for the 2013 Pavement Rehabilitation Various Locations. A copy of the recommendation memo from the Department of Engineering is appended as "Attachment 2 ". 2.3 Coco Paving Incorporated, Bowmanville, Ontario has provided similar services to the Municipality of Clarington in the past. However, an additional review of the references provided with the submission was undertaken and the results were satisfactory. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 3. FINANCIAL 3.1 The total cost of the project is $1,950,000.00 and includes $1,624,957.94 (net of H.S.T. Rebate) for construction, tendering, design, contract administration and contingencies. The background, Clarington funding and costs for this project are outlined in the memo from Engineering Services ( "Attachment 2 "). 3.2 Funding for this project will be drawn from the following Engineering 2013 Capital accounts: 110 -32- 330 - 83212 -7401 (2013) ........................ ............................... $1,762,512.00 110 -32- 330 - 83212 -7401 (2011 UECF) .................. ............................... $34,199.33 110 -32- 330 - 83212 -7401 (2009 UECF) ........................... ....................$153,288.67 Total funds required ......................... ............................... ..................$1,950,000.00 14 -2 . ' • 13111110193weiell 1 4.1 This report has been reviewed by Tony Cannella, Director of Engineering Services who concurs with the recommendations. 5. CONCLUSION 5.1 To award the contract to Coco Paving Incorporated, Bowmanville, Ontario for the 2013 Pavement Rehabilitation Various Locations. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Jerry Barber, Manager of Purchasing Services Attachments: Attachment 1 — Tabulation of Bids Received Attachment 2 — Recommendation Memo from Engineering Services List of interested parties to be advised of Council's decision: NONE 14 -3 ATTACHMENT # 1 Municipality of Clarington BID SUMMARY TENDER CL2013 -10 2013 PAVEMENT REHABILITATION VARIOUS LOCATIONS BIDDER TOTAL'BID TOTAL BID HST INCLUDED NET OF HST REBATE Coco Paving Incorporated Bowmanville, ON $1,804,444.25 $1,624,957.94 Miller Paving Limited Whitby, ON $1,973,964.46 $1,777,616.13 Royel Paving Limited Lindsay, ON $2,268,683.20 $2,043,019.49 14 -4 0 M"n Leading the Way ATTACHMENT #2 I'll_rl l'1_L�J TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Capital Works DATE: April 30, 2013 RE: 2013 Pavement Rehabilitation, Various Locations CL2013 -10 The Engineering Services Department has reviewed the submissions for CL2013 -10 and offers the following comments. The project includes the rehabilitation of various roads throughout the Municipality, as noted below. Road Limits Sunset Rd Vanstone Ct to 40 m south Apple Blossom Blvd Tucker Rd to Glanville Cres Mann St At Herriman St intersection Black Ck Trail, Windsor Valley Gate, Carriage Lane, & Windsor Valley Place Full length Old Scugog Rd RR 57 to Con Rd 4 Mearns Ave King St to Concession St E Con Rd 3 At Liberty St intersection Con Rd 10 RR 20 to Mosport Rd Mosport Rd Con Rd 10 to RR 20 Based on references checked and our past experience with this contractor, we recommend award of the contract to Coco Paving Inc. in the amount of $1,804,444.25, inclusive of HST, or $1,624,957.94 net of HST rebate. Due to past experiences on similar projects, a contingency amount of 4% is carried forward. There are provisional items in the contract that amount to approximately 6% of construction costs for a total contingency of 10 %. Therefore, including design and tender fees, contract administration fees, net HST costs, other costs such as geotechnical investigation and permits, and contingencies, the Engineering Department advises of the following total project cost breakdown. 14 -5 2013 Pavement Rehabilitation, Various Locations, CL2013 -10 2 April 30, 2013 Funding for the project will come from the Pavement Rehabilitation Program account including the current funding year and unexpended funds from previous years, as shown in the table below. Construction (net of HST) $1,624,957.94 Based on Low Bid Design, Tendering and Contract Administration $325,042.06 net of HST), Other Costs and Contingencies Total Project Value $1,950,000.00 Budget Amount Pavement Rehabilitation, 110 -32- 330 - 83212 -7401 (2013) $1,762,512.00 110 -32- 330 - 83212 -7401 (2011 UECF) $34,199.33 110 -32- 330 - 83212 -7401 2009 UECF $153,288.67 Estimated Unexpended Budget $0.00 Additional Funding Required $0.00 We recommend the report to Council move forward based on the above apportionments. Should you have any further questions, please feel free to contact the undersigned. Regards Ron Albright, P. Eng. Manager, Infrastructure and Capital Works RA/sb /dv Attachment Pc: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services L\^Department \Capital Works\ 2013 \CPR .2013.1 \Correspondence\Memo to Purchasing re Tender Award CL2013 -10 - 2013 Pavement Rehabilitation.doc 14 -6 2013 Pavement Rehabilitation, Various Locations, CL2013 -10 3 April 30, 2013 did {�9:i 0 ?a VL3ii 15i197 O a .LftB (b Sr •_ � O. 't .. if %S:SfV Fir V i" FJ i37ki16 A}i k+i:� §z�. IK JYXL6fBG'� t7 Yi1`�� A f `• w` n "a' 1 i.o ii 14 Art t, R, i'Cci' Y to vl � u j Bs w. lava � F J l! J. ;0 i r' 'd} vas ( 7. ALIfSOAi STftYi @8 . ..�.. .. ov0i1 Btdl ab "ypl. .��59fiff�J•Fi l�,L i£'Pih V3 O w 9.IMVdVd c: Vi v Q April 30, 2013 14 -7 � Y a (b Sr •_ � O. 't .. if %S:SfV Fir V i" FJ i37ki16 A}i k+i:� §z�. JYXL6fBG'� t7 Yi1`�� A n "a' 1 i.o ii 14 Art t, R, i'Cci' Y to w V r X 5 u j pART `C V J l! J. ;0 r' 'd} vas 7. ALIfSOAi STftYi @8 x w 9.IMVdVd c: Vi v rj v u of , CD Es KI 2 w K O el Fh t} m 14 -7 saista .t xF 12iyd (b Sr •_ � 't .. if %S:SfV Fir V i" FJ A 1 i.o ii 14 Art t, R, i'Cci' Y w V r X 5 pART `C V J. ;0 .. 'd} vas Aa3rr't1 x w 9.IMVdVd c: Vi v v Es KI el Fh Sys 14 -7 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 6, 2013 Resolution #: By -law #: Report#: COD - 015 -13 File #: Subject: REQUEST FOR PROPOSAL RFP2013 -4, ARCHITECTURAL SERVICES — CLARINGTON FITNESS CENTRE RENOVATION It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD- 015 -13 be received; 2. THAT Barry*Bryan & Associates, Ontario, with a total bid in the amount of $201,942.72 (net of H.S.T. Rebate), being the highest ranked proposal meeting all terms, conditions and specifications of RFP2013 -4 be awarded the contract for the provision of Architectural Services for the Renovation of Clarington Fitness Centre, as required by the Municipality of Clarington, Community Services Department; 3. THAT the funds required in the amount of $201,942.72 (which includes Architectural design, specifications for tender, contract administration and disbursements and net HST rebate) be drawn from the following Community Services Department Capital Account: Account: 110 -42- 421 - 84203 -7401 ...................................... ............................... $201,942.72 R Submitted b `� =_ '�J , j Marie Marano, H.B.Sc., ( Director of Corpor to Services Nancy Tiaylor,,BA, CPA, CA, Director of Finance/Treasurer MM \JDB \sm 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 -8 . • EGANK91 11911MIR 1.1 Request for Proposal specifications were provided by Community Services Department. Request for Proposal RFP2013 -4 Architectural Services — Renovations at Clarington Fitness Centre was advertised electronically on the municipal website and the Ontario Public Buyers website. Forty -one (41) firms downloaded or picked up the specifications. 1.2 Subsequently, twelve (12) proposals were received and evaluated. Refer to Attachment #1 for the list of proponents who responded to the RFP. 2.1 Twelve submissions were received. All proposals met the bid submission requirements and were evaluated based on company background, references, pricing /cost, staff qualifications and experience, quality of submission, project deliverable and value added services. 2.2 The proposals were reviewed and ranked by staff members from Community Services and Corporate Services. The criteria was ranked accordingly on a scale from one (poor) to five (excellent) consistent with the RFP guidelines. 2.3 Four bidders with the highest ranked written proposals, AECOM Canada Architects Ltd., Whitby; +VG Architects, Toronto; Barry*Bryan Associates (1991) Ltd, Whitby; and Teeple Architects /Nick Swerdfeger Architects, Toronto were short listed and made a presentation to the Evaluation Team on their understanding and approach to the project. The presentations were evaluated based on ability to communicate, overall impression of the presentation, attention to concerns /questions, their understanding of the requirements and identification of practical solutions. 2.4 The highest ranked consultant is the Barry*Bryan Associates (1991) Ltd, Whitby, Ontario. They have completed numerous several similar renovation projects and provided satisfactory work to the Municipality in the past. 2.5 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Community Services. 3. FINANCIAL 3.1 The total cost of the services is $201,942.72'(net of H.S.T. Rebate) including disbursements. The total cost noted includes design, drawings, tender specifications, contract administration and disbursements. 3.2 The required funds are to be drawn from the Community Services' CFC Renovation Capital account #110 -42- 421 - 84203 -7401 and are within the 2013 budget amount of $250,000.00 14 -9 11 • ' • • 1 IL INK 4. CONCURRENCE PAGE 3 4.1 This report has been reviewed by Joseph P. Caruana, Director of Community Services who concurs with the recommendations. 5. CONCLUSION 5.1 That the highest ranked proponent, Barry*Bryan Associates (1991) Ltd, be recommended as the successful proponent for the provision of Architectural Services for the Renovation of Clarington. Fitness Centre. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Jerry Barber, Manager of Purchasing Services Attachments: Attachment #1: Bid Tabulation List of interested parties to be advised of Council's decision: NONE 14 -10 Municipality of Clarington BID • `. Architectural Services — Clarington Fitness Centre Renovation BIDDER Bid Amount (Net of HST Rebate) Barry*Bryan Associates (1991) Ltd Whitby, ON $201,942.72 AECOM Canada Architects Ltd. Whitby, ON $127,200.00 +VG Architects T Toronto, ON $209,422.08 Teeple Architects /Nick Swerdfeger Architects $183,473.28 Toronto, ON IBI Group Architects Toronto, ON $314,438.40 J.R. Freethy Architect Bowmanville, ON $ 216,647.04 Lennis Trotter Architect Oshawa, ON $167,904.00 Raw Design Toronto, ON $ 218,784.00 Salter Pilon Architecture Inc. Barrie, ON $277,041.60 Stile Architect Woodbridge, ON $99,561.98 Susan Friedrich Architect Inc. Toronto, ON $293 068.80 Thomas Brown Architects Inc. Toronto, ON $ 161,289.6 14 -11 Date: MAY 6, 2013 Resolution: By -law #: Report #: FND- 008 -13 File #: Subiect: FINANCIAL UPDATE AS AT MARCH 31, 2013 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND- 008 -13 be received for information. Submitted by: w Gtr.. .(�' d4`11Y Reviewed by. Nancy Taylor, HB,�, bPA, CA Franklin Wu, Director of Finance/ Treasurer Chief Administrative Officer NT /CC /hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905 - 623 -3379 15 -1 1.1 The financial update report has been designed to focus on overall budget variance reporting. � 2.1 Attachment "A ", The Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures as of March 31, 2013. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall /arena boards. Net year to date expenditures as of March 31, 2013 totaled $15,067,851, which represents 31.6% of the total 2013 budget. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at March 31, 2013. Many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control, which result in a fluctuation of the timing of recognition of revenue and expenses. The budget is allocated monthly based on the 2012 actual monthly distribution. In cases where there is no prior year history, the monthly budget allocation is divided equally over the 12 months. While this is best method available to be reflective of seasonal trends, there may be some variations from year to year. Due to these timing differences, this statement cannot be used in isolation. 2.3 In general, the operating budget is overall on target. As of March 31, 2013 the net year to date expenditures are at 87% of the first quarter budget. Some of the variances can be attributed to the timing differences in revenue and expenditures between 2013 and 2012. As this is the first quarter analysis, it may be premature to extrapolate the figures and percentages to future quarters. 2.4 Overall, the operating budget is on target for the Mayor and Council as well as the CAD's office. The Mayor and Council expenditures are 90% of first quarter 2013 budget. The CAD's office is at 95% of the first quarter 2013 budget. 2.5 As of March 31, the Legal net expenditures are on target at 101% of the first quarter 2013 budget. Revenues are higher than the first quarter budget due to planning agreement fee revenue. This increase is partially due to timing differences from 2012 to 2013. 2.6 Corporate Services are in line with the first quarter budget at 90 %. As of March 31, revenues are higher than budgeted at 107 %. This is due to a slight increase c. in advertising revenue compared to the first quarter of 2012. This small increase could be a timing difference between the first quarters of 2012 and 2013. Expenditures are below the first quarter budget at 90 %. The significant differences are related to a staff absence and advertising costs. Advertising costs are at 34% of the total 2013 budget. Again, timing differences affect the first quarter budget comparisons. 2.7 As of March 31, 2013, the Clerk's department net expenditures are at 100.2 %. If the parking meter revenue and the offsetting transfer to the Parking Reserve Fund are removed from the calculation, the Clerks revenue is at 42% of the first quarter 2013 budget and expenditures are at 79.5 %. The lower revenue to budget as of the. first quarter is due to the timing differences from year to year in the Wildlife Damage Compensation program. There is not a consistent trend in the claims and there can be great variation year to year. 2.8 The Finance net expenditures are at 91 % of the first quarter 2013 budget. The Finance revenues are higher than the first quarter budget at 130% as of March 31, 2013. This is due to the higher than budget amount of the fines and penalties on taxes. The year to date figure of March 31, 2013 ($380,418) is higher than budgeted for the first quarter ($288,065) but are slightly lower than the 2012 interest and penalties ($384,747). This is a reflection of the continuing success of the collection of outstanding taxes. The increase in Unclassified Administration expenditures is due to higher insurance costs and tax write offs due to the timing of ARB decisions (multiple years) on commercial properties. 2.9 The Emergency Services net expenditures are on budget with the first quarter 2013 budget figures. As of March 31, 2013 year to date expenditures represents 84% of the related budget. Revenues are above budget due to the timing of revenues from OPG relating to Joint Community Fire Safety. Similarly, expenditures are under budget due to the timing differences from 2012 to 2013. These differences should diminish over the next quarter. 2.10 The Engineering Department net expenditures are 95% of the first quarter 2013 budget. Reduced revenues in the first quarter are due to the decrease in building permit revenues compared to the same period in the previous year. Expenditures in the first quarter are at 88% of the quarterly budget. This variance can be attributed to timing differences between years especially in the first quarter. 2.11 The Operations Department net expenditures are 95% of the first quarter 2013 budgeted amount. The Fleet expenditures are currently below the budgeted amount. It is important to note that most adjustments to these accounts are 15 -3 made at year -end. As of the first quarter, Operation revenues are lower due to waste transfer royalties and senior snow clearing. Operation expenditures are higher than the same period last year due to an increase in winter maintenance costs but are still below the quarterly budget. 2.12 Community Services net expenditures are 84% of the first quarter 2013 budget. Revenues are at 104% and total expenditures are at 90% as of March 31, 2013. Overall there is a varied increase in Community Services revenues. In general, aquatic, fitness and children's' camp revenues have increased while ice rentals are slightly lower than previous years with the exception of Darlington Sports Complex ice rentals which increased over previous year. Operating expenditures are at 88% of the first quarter budget similar to the previous year at 86 %. 2.13 The Planning Department net expenditures as of March 31, 2013 are 81 % of the 2013 first quarter budget. The expenditures are in line with the budget as of March 31, 2013 at 90 %. The favorable net expenditures are due to the higher revenues in this period at 229 %. The favourable net expenditure for Planning is related to the timing of revenues such as Sub Division Application fees, Rezoning fees, Site Plan fees and Sub Division Clearance fees. As of the first quarter, ,Planning expenditures are generally below the quarterly budget. This is most likely due to timing issues and will smooth out over time. 2.14 Attachment "B ", Continuity of Taxes Receivable for the three months ending March 31, 2013 provides the status of the taxes billed and collected by the Municipality of Clarington during the first quarter of 2013. A total of $34,744,999 in interim tax bills were issued to property owners in the Municipality during this period. At the end of March 2013, a total of $2,221,671 remains unpaid compared to March 2012 taxes receivable of $3,141,250. Note that the current year taxes are in a negative position as they include the taxes prepaid for the April 2013 installment. The net balance at $2,221,671 is 29.3% lower than the prior year at this time. This is a significant improvement over the first quarter 2012. This can be attributed to the ongoing collection process and procedures in place. In addition, a factor, as noted in section 2.8, is the increase in tax write offs due to the timing of ARB decisions on commercial properties. 2.15 Attachment "C ", Investments Outstanding as of March 31, 2013 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the first quarter in 2013. The Municipality at March 31, 2013 holds $0 in general fund investments, $0 in capital fund investments, $4,645,027 in ,Development Charge reserve fund investments and $48,180,218.92 in reserve fund investments.to fund future commitments. General fund investments are short term in nature and timed to mature when funds will be required. 15 ®4 Investments held in the Municipality's portfolio are assessed on an ongoing basis to ensure they meet the requirements of Section 418 on the Ontario Municipal Act, Ontario Regulation 438/97 and the Municipality's investment policy. Currently, general fund investments are held in the Municipality's general bank account as the interest rate on the account is more favourable than money market instruments because of current economic conditions that are likely to continue for some time. The short -term interest rates and the current cash flow needs are reviewed on a regular basis. 2.16 Attachment "D ", Debenture Repayment Schedule provides the status of the Municipality's long -term obligations as of January 1, 2013. The Municipality has $21,839,480.59 in outstanding debt as of January 1, 2013 and debt repayment obligations of $3,405,690.41 for 2013 as reflected in the 2013 budget. The annual principal and interest payments required to service these liabilities are well within the annual debt repayment limits prescribed by the Ministry of Municipal Affairs and Housing. 2.17 Attachment "E ", Municipal Development Charges as of March 31, 2013 provides the total Municipal development charges collected of $1,339,490.15. In 2010 Development Charges Background Study, it was forecasted that the municipality would be collecting approximately 831 residential units total for 2012 or approximately 69 units per month. For the first quarter in 2013, there were 87 units. 2.18 Analyzing the number of units issued in the first quarter of 2013, there was a small decrease of 3.3% compared to the same quarter in 2012. Comparing the total dollars collected in the first quarter of 2013 to the same quarter in 2012, there was a slight increase of 1.5% in municipal development charges collected. 3.0 CONCURRENCE — not applicable 4.0 CONCLUSION 4.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development X Maintaining financial stability _ Connecting Clarington 15 -5 _ Promoting green initiatives _ Investing in infrastructure _ Showcasing our community _ Not in conformity with Strategic Plan Staff Contact: Nancy Taylor,.B.B.A., C.A., Director of Finance/Treasurer Attachments: Attachment "A ": Summary of Operating and Expenditure and Revenue Attachment "B ": Continuity of Taxes Receivable Attachment "C ": Investments Outstanding Attachment "D ": Debenture Repayment Schedule Attachment "E ": Municipal Development Charges `nal 7' THE MUNICIPALITY OF CLARINGTON SUMMARY OF OPERATING EXPENDITURES & REVENUES FOR THE THREE MONTHS ENDING MARCH 31, 2013 ATTACHMENT "A" 05 NON- DEPT'L ACCTS 2013 Budget YTD 2013 Actual YTD Jan - Mar 2013 YTD Unexpended ($) Jan - Mar 2013 YTD % Expended Jan- Mar 2012 Budget YTD Jan - Mar 2012 Actual YTD Jan - Mar 2012 YTD Unexpended $ Jan - Mar 2013 Total Budget 2013 % of Annual Budget Spent (6,894,007) 210,769 0.68% 87.54% Revenue /Recoveries Expenditures Net Expenditures (45,574) 184,500 (47,052) 184,500 1,478 0 103.24% 100.00% (115,147) 184,500 (58,925) 179,500 (56,222) 5,000 138,926 137,448 1,478 98.94% 69,353 120,575 (51,222) (6,683,238) (2.06 %) 10 MAYOR & COUNCIL Net Expenditures 234,058 210,518 23,540 89.94% 230,683 208,473 22,210 870,733 24.18% 13 ADMINISTRATOR'S OFFICE Net Expenditures 155,581 147,324 8,257 94.69% 124,366 122,996 1,370 598,176 24.63% 14 LEGAL ADMIN Revenue /Recoveries Expenditures Net Expenditures (8,373) 100,535 (12,251) 105,575 3,878 (5,040) 146.32% 105.01% (20,882) 94,379 (8,493) 99,754 (12,389) (5,375) (128,000) 532,088 9.57% 19.84% 92,162 93,324 (1,162) 101.26% 73,497 91,261 (17,764) 404,088 23.09% 16 CORPORATE SERVICES Revenue /Recoveries Expenditures (47,463) 1,143,851 (50,778) 1,035,241 3,315 108,610 106.98% 90.50% (46,281) 1,119,373 (52,185) 1,017,847 5,904 101,526 (96,500) 4,366,498 52.62% 23.71% Net Expenditures 1,096,388 984,463 111,925 89.79% 1,073,092 965,662 107,430 4,269,998 23.06% 19 CLERK'S Revenue /Recoveries Expenditures Net Expenditures (262,577) 682,084 (97,734) 517,983 (164,843) 164,101 37.22% 75.94% (154,061) 578,588 (165,122) 567,864 11,061 10,724 (738,600) 2,859,195 13.23% 18.12% 419,507 420,249 (742); 100.18% 424,527 402,742 21,785 2,120,595 19.82% 21 FINANCE & UNCLASS. ADMIN Revenue /Recoveries (345,638) (450,124) 104,486 130.23% (329,237) (442,765) 113,528 (1,567,000) 28.73% Unclassified Admin & Board of Trade Operating Expenditures Expenditures Net Expenditures 715,078 602,270 805,270 528,589 (90,192) 73,681 112.61% 87.77% 243,718 548,128 643,968 524,416 (400,250) 23,712 2,217,200 2,201,993 36.32% 24.01% 1,317,348 1,333,859 (16,511) 101.25% 791,846 1,168,384 (376,538) 4,419,193 30.18% 971,710 883,735: 87,975 90.95% 462,609 725,619 (263,010) 2,852,193 30.98% 28 EMERGENCE SERVICES - FIRE C37 I Revenue /Recoveries Expenditures P Net Expenditures (5,120) 2,622,614 (13,546) 2,222,317 8,426 400,297 264.57% 84.74% (2,930) 2,453,322 (5,753) 2,184,832 2,823 268,490 (49,000) 10,364,679 27.64% 21.44% 2,617,494 2,208,771 408,723 84.38% 2,450,392 2,179,079 271,313 10,315,679 21.41% FND- 008 -13 Attachment "A" 1 of 2 01 I 00 THE MUNICIPALITY OF CLARINGTON ATTACHMENT "A" SUMMARY OF OPERATING EXPENDITURES & REVENUES FOR THE THREE MONTHS ENDING MARCH 31, 2013 2013 2013, 2013 YTD 2013 YTD 2012 2012 2012 YTO 2013 2013 Budget YTD Actual YTD Unexpended ($) % Expended Budget YTD Actual YTD Unexpended $ Total Budget % of Annual Jan- Mar Jan- Mar Jan- Mar Jan - Mar Jan- Mar Jan- Mar Budget Spent 32 ENGINEERING SERVICES Revenue /Recoveries Expenditures Net Expenditures (410,656) 880,052 (329,041) 776,488 (81,615) 103,564 80.13% 88.23% (193,463) 848,194 (512,275) 732,197 318,812 115,997 (1,559,050) 5,475,757 21.11% 14.18% 469,396 447,447 21,949 95.32% 654,731 219,922 434,809 3,916,707 11.42% 36 OPERATIONS Revenue /Recoveries (77,989) (49,921) (28,068) 64.01% (25,430 (48,551) 23,121 (543,665) ° 9.18/0 Operating Expenditures Fleet & Debenture Payment Expenditures Net Expenditures 3,421,095 355,422 2,924,418 48,427 496,677 306,995 85.48% 13.63% 3,073,400 249,320 2,729,324 134,438 344,076 114,882 13,337,745 935,055 21.93% 5.18% 3,776,517 2,972,845 803,672 78.72% 3,322,720 2,863,762 458,958 14,272,800 20.83% 3,698,528 2,922,924 775,604 79.03% 3,297,290 2,815,211 482,079 13,729,135 21.29% 42 COMMUNITY SERVICES Revenue /Recoveries (9,590,777) (1,650,862) 60,085 103.78% (1,593,910) (1,565,698) (28,212) (4,555,570) 36.24% Operating Expenditures Annual Grants & Debenture Payments Expenditures Net Expenditures 2,329,646 3,269,010 2,049,795 2,975,963 279,851 293,047 87.99% 91.04%. 2,265,025 3,117,005 1,949,482 3,116,006 315,543 999 9,471,148 3,329,010 21.64% 89.39% 5,598,656 5,025,758 572,898 89.77% 5,382,030 5,065,488 316,542 12,800,158 39.26% 4,007,879 3,374,896 632,983 ' 84.21% 3,788,120 3,499,790 288,330 8,244,588 40.93% 50 PLANNING SERVICES Revenue /Recoveries Expenditures Net Expenditures (46,807) 844,135 (107,012) 755,666 60,205 88,469 228.62% 89.52% (49,130) 860,559 (49,991) 807,520 861 53,039 (467,500) 3,797,152 22.89% 19.90% 797,328 648,654 148,674 81.35% 811,429 757,529 53,900 3,329,652 19.48% BOARDS & AGENCIES Net Board & External Agencies 2,589,177' 2,588,098 1,079 99.96% 2,519,826 2,494,168 25,658 3,749,490 69.03% (2,840,974) 20,129,108 17,288,134 (2,808,321) 17,876,172 15,067,851 (2,530,471) 18,510,386 15,979,915 (2,909,758) 17,512,785 14,603,027 379,287 997,601 1,376,888 (16,598,892) 64,316,688 1 47,717,796 16.92% 27.79% 31.58% TOTAL OPERATING: Revenue /Recoveries (32,653) 98.850% Expenditures Net Operating Expenditures 1 2,252,936 2,220,283 88.81% 87.16% 1 FND- 008 -13 Attachment "A" 2 of 2 ATTACHMENT "B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the First Quarter of the Year 2013 December 31, 2012 MARCH MARCH F_ BEGINNING BAL. INTEREST TAXES PAYMENTS/ 2013 2012 I RECEIVABLE ADDED BILLED BALANCE ADJUST. - CURRENT YEAR TAXES 6,394,895 34,744,999 41,139,894 (46,504,175) (5,364,281) (5,001,481) PENALTY AND INTEREST 265,801 48,344 314,146 288,220 25,926 23,793 FIRST PRIOR YEAR TAXES PENALTY AND INTEREST 2,668,341 245,339 218,465 - 2,668,341 463,804 1,794,157 218,159 4,462,498 245,645 4,982,663 275,921 SECOND PRIOR YEAR TAXES 604,075 604,075 980,324 1,584,399 1,792,339 PENALTY AND INTEREST 115,853 84,633 200,486 33,949 166,537 149,494 THIRD & PRIOR YEARS TAXES PENALTY AND INTEREST 508,302 145,865 37,987 508,302 183,852 343,729 65,065 852,031 248,917 746,421 172,100 SUB -TOTAL 10,948,471 389,430 34,744,999 1 46,082,900 43,861,229 2,221,671 3,141,250 PREPAID TAXES 3,305,389 TOTAL 7,643,082 389,430 34,744,999 46,082,900 (43,861,229)1 2,221,671 3,141,250 * ** Includes refunds, write -offs, 357's, etc. NOTE 1: 2013 Interim Instalment months: February and April. NOTE 2: Current year taxes are in a negative position because they include taxes prepaid for the April instalment. um CORPORATION OF MUNICIPALITY OF CLARINGTON ATTACHMENT "C" INVESTMENTS OUTSTANDING A. a4 Marsh 44 2n4Z ISSUER OF TYPE OF ORIGINAL FUND COST OF INTEREST MATURITY MATURITY PURCHASE INVESTMENT INVESTMENT DATE 27- Feb -13 INVESTMENT RATE DATE AMOUNT GENERALFUND TOTAL GENERAL FUND BNS GIC - R/F 1,371,861.00 3.00% CAPITAL FUND TOTAL CAPITAL FUND 1,499,070.00 RBC - 27- Jun -11 R/F 147,749.00 NON DEV. CHARGE MONIES 27- Jun -13 147,749.00 BNS GIC 30- Jul -09 R/F 2,060,630.00 3.10% BNS GIC 01- May -08 R/F 1,000,000.00 4.60% 01- May -13 1, RBC GIC 02- May -11 R/F 1,001,980.00 2.20% 02- May -13 1, INS r�WaITI6S�A /{-'��/I�L'7 %1:61au- M"1 W.� MMITU_UA 61 000,000.00 (B) 001,980.00 (B) 321,039:00 100,320.00 (B) TD GIC 13- May -08 R/F 100,320.00 4.51% 13 -May -13 1,ua,+,iau.uv TD GIC 27- Feb -13 R/F 3,011,687.67 1'.58% 28- May -13 3,023,420.88 BNS GIC 03- Jun -10 R/F 1,371,861.00 3.00% 13- Jun -13 1,499,070.00 RBC GIC 27- Jun -11 R/F 147,749.00 1:80% 27- Jun -13 147,749.00 BNS GIC 30- Jul -09 R/F 2,060,630.00 3.10% 30- Jul -13 2,328,277.00 RBC GIC 30- Sep -08 R/F 946,770.00 4.40% 30- Sep -13 1,174,213.00 RBC GIC 14- Oct -08 R/F 574,200.00 4.30% 15- Oct -13 598,890.60 ING (b/b Scotia) GIC 03- Dec -12 R/F 759,557.00 1.65% 03- Dec -13 772,089.97 BNS GIC 16- Dec -08 R/F 1,338,742.00 4.15% 16- Dec -13 1,640,564.30 (B) (B) BMO GIC U/- Mar -11 K /1- 1,000,UuU.UU Z. (0-/0 ua- iwar -I,+ 1,ua,+,iau.uv RBC GIC 15- Mar -11 R/F 1,672,368.00 2.65% 17- Mar -14 1,808,875.64 (B) Laurentian GIC 02- May -12 R/F 1,000,000.00 2.15% 02- May -14 1,043,462.25 BNS STRIP BOND GIC R/F 17-Aug-09 R/F 1 600 000.00 3.20% 17 Au -14 coupons 1,893,626.00 (B) N GIC g R/F 1,500,632.00 2.35% 9 1,608,632.21 BMO GIC 12- Sep -11 R/F 983,080.00 1.80% 12- Sep -14 1,037,127.61 Manulife Bank GIC 20- Sep -11 R/F 742,599.00 2.05% 22- Sep -14 - 789,211.47 PROV ONTARIO STRIP BOND 05- Aug -09 R/F 999,807.77 3.35% 02- Dec -14 1,191,382.00 BMO GIC 07- Dec -10 R/F 1,000,000.00 2.60% 08- Dec -14 1,013,000.00 (A) BNS GIC 01- Jun -12 R/F 1,500,632.00 2.35% 01-Jun-15 1,608,632.21 BMO GIC 26- Sep -11 R/F 624,188.00 2,00% 28- Sep -15 675,641.17 RBC GIC 07- Dec -11 R/F 1,922,733.00 2.35% 07- Dec -15 2,109,941.00 RBC GIC 07- Dec -11 R/F 1,976,951.00 2.35% 07- Dec -15 2,169,438.00 BMO coupons 15- Mar -12 R/F 176,636.37 2.54% 28- Mar -16 195,351.00 Manulife Bank GIC 20- Sep -11 R/F 2,000,000.00 , 2.60% 20- Sep -16 2,273,876.11 BMO coupons 15- Mar -12 R/F 213,067.68 2.61% 28- Sep -16 239,375.00 ING (b /b Scotia) GIC 01- Oct -12 R/F 1,819,048.00 2.35% 03- Oct -16 1,996,160.91 Manulife Bank GIC 02- Dec -11 R/F 2,000,000.00 2.71% 02- Dec -16 2,286,091.67 Manulife Bank GIC 19- Mar -12 R/F 1,693,000.00 2.88% 19- Mar -17 1,951,224.70 BMO coupons 15- Mar -12 R/F 159,396.18 2,86% 28- Mar -17 183,615.00 BMO coupons 15- Mar -12 R/F 196,287.25 2.92% 28- Sep -17 230,141.00 CWB • GIC 01- Oct -12 R/F 3,500,000,00 2.55% 01- Oct -17 3,969,596.54 BNS GIC 30- Oct -12 R/F 1,884,365.00 2.50% 30- Oct -17 2,131,986.04 HSBC GIC 21- Dec -12 R/F 1,121,354.00 2.40% 21- Dec -17 1,262,352.30 National Bank GIC 08- Jan -13 R/F 1,900,503.00 2.40% 08- Jan -18 2,139,776.15 National Bank GIC 12- Feb -13 R/F 11927,464.00 2,45% 12- Feb -18 2,175,434.89 National Bank GIC 04- Mar -13 R/F 741,320.00 2.45% 05- Mar -18 836,748.00 ING (b /b Scotia) GIC 25- Mar -13 R/F 1,254,427.00 2.40% 26- Mar -18 1,412,449.93 48,180,218.92 53,316,920.34 DEV. CHARGE FUNDS BNS GIC 20- Dec -12 R/F 3,000,000.00 1.50% 20- Dec -13 3,048,000.00 BMO GIC 20- Dec -12 R/F 1,645,027.00 1,45% 20- Dec -13 1,668,879.89 4,645,027.00 4,716,879.89 TOTAL INVESTMENTS $ 52,825,245.92 $ 58,033,800.23 Note that interest on GICs is annual compounding with the exception of the following. 15-10 (A) Interest is paid semi - annually (B) Interest is paid annually ATI ACFiMENT "D° CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTES: (A) 2013 changed to accrual basis for interest. Total budget is $3, 405, 690.41 +297, 496.09- 330,440.87 = $3,372,745.64 (B) 2014 "and 2018 each require renewal of debentures for a further 5 year period unless funding is available from other sources. Partial funding at those times would reduce debenture burden for following" 5 year period. 15 -11 Debenture Repayment Schedule As of January 1, 2013 Year South Courtice Indoor Soccer/ RRC Newcastle Newcastle Total Arena Lacrosse CCD Space Library Aquatic 2013 1,077,778.50 335,427.00 107,074.68 104,042.98 1,781,367.25 3,405,690.41 2014 1,081,988.50 1,761,015.00 107,074.68 103,480.98 1,783,101.25 4,836,660.41 2015 1,083,940.50 107,074.68 103,677.48 1,784,674.00 3,079,366.66 2016 1,083,562.50 107,074.68 103,575.48 1,785,231.50 3,079,444.16 2017 1,080,782.50 107,074.68 104,194.48 1,785,285.25 3,077,336.91 2018 107,074.68 556,507.98 1,784,635.50 2,448,218.16 2019 107,074.68 1,784,054.75 1,891,129.43 2020 107,074.68 1,629,375.00 1,736,449.68 2021 53,537.34 1,071,000.00 1,124,537.34 2022 1,023,750.00 2023+ 5,408,052.50 2,096,442.00 910,134.78 1,075,479.38 16,212,474.50 25,702,583.16 Principal at Jan 1/ 2013 5,105,000.00 1,902,000.00 764,480.59 861,000.00 13,207,000.00 21,839,480.59 Principal at Jan 1 /2014 4,120,000.00 1,670,000.00 695,677.76 800,000.00 12,002,000.00 19,287,677.76 Interest Rates 1.55% to 2.30% 5.25% to 5,45% 5.12% 3.9% to 5.2% 4.3% to 4.75% NOTES: (A) 2013 changed to accrual basis for interest. Total budget is $3, 405, 690.41 +297, 496.09- 330,440.87 = $3,372,745.64 (B) 2014 "and 2018 each require renewal of debentures for a further 5 year period unless funding is available from other sources. Partial funding at those times would reduce debenture burden for following" 5 year period. 15 -11 �tt.a{ j1i11,`.rtr �, MUNICIPAL DEVELOPMENT CHARGES MONTH OF MARCH MUNICIPAL DEVELOPMENT CHARGES JANUARY TO MARCH -YEAR TO DATE 2013 2012 UNIT TYPE MUNICIPAL ,...r.M DEV. CHARGES PAID ,NUMBER OF UNITS vMU.._ , �. NICIPAL DEV. CHARGES PAID R NUMBER OF UNITS „ % CHANGE OF DEV.CHGS 2012 -2011 Single /Semi- Detached NUMBER MUNICIPAL NUMBER %CHANGE OF -New construction $ 450,022.00 29. $ 807,932.00 53 DEV.CHGS 2012 -2011 Additions $ 0 $ _ 0 Townhouse $ 0 $ 252,282.00 19 Apartment $ 0 $ 0 74 Commercial $ - 0 $ - 0 $ Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 252,282.00 Institutional $ - 0 $ - 0 o _ Industrial $ 0 $ - 0 $ TOTAL $ 450,022.00 29 $ 1,060,214.00 72 -57.6% MUNICIPAL DEVELOPMENT CHARGES JANUARY TO MARCH -YEAR TO DATE MI 2013 2012 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV, CHARGES PAID OF UNITS DEV.CHGS 2012 -2011 Single /Semi- Detached -New construction $ 1,140,416.54 74 $ 1,067,708.00 71 - Additions $ _ o $ 0 Townhouse $ 135,170.00 10 $ 252,282.00 19 Apartment $ _ o _ $ 0 Commercial $ 63,903.61 3 $ - 0 Agricultural $ - 0 $ - 0 Government $ 0 $ 0 Institutional $ - 0 $ - 0 Industrial I $ - 0 TOTAL $ 1,339,490.15 .87 $ 1,319,990.00 90 0 1.5/ MI 4, PITT 5111 -' •. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 6, 2013 Resolution #: By-law #: Report#: CAO- 004 -13 File : Subject: CUSTOMER SERVICE SURVEY: SCOPE, METHODOLOGY AND TIMININ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:. 1. THAT Report CAO- 004 -13 be received for information. Submitted by: � rCC, tLf) 0 < Franklin Wu, M.A.O.M. Chief Administrative Officer CC:FW CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 17 -1 REPORT NO.: CAO- 004 -13 PAGE 2 1. PURPOSE The purpose of this report is to provide an outline of the scope, methodology, and timing of the Municipality of Clarington customer service survey. 2. BACKGROUND AND PURPOSE OF SURVEY 2.1 On March 22nd, the General Purpose and Administration Committee received Report CAO- 003 -13 on the progress of the Strategic Priority of "Connecting Clarington ". As was noted, many actions have been put in place to advance this Strategic Priority. As well, it was noted that a customer service survey would be undertaken to obtain citizen views of services to permit targeted guidance on the use of resources, development of a sound communications strategy and delivery of the "Connecting Clarington" actions efficiently and effectively. 2.2 Typically municipalities will contract a polling firm to undertake an independent survey of its citizens. Budget decisions are such that this work will be undertaken directly by Staff. 3. SCOPE OF SURVEY 3.1 The survey will be based on best practices in municipal surveying, drawing especially from questions used by the Institute for Citizen Centered Services and from comparable municipalities, including the Town of Ajax and the Town of Halton Hills. 3.2 The survey will be focused on citizen views about both (a) the importance of a range of existing Municipality of Clarington services provided for public use and (b) satisfaction with these services. Respondents will also be asked to assess a recent customer service experience of their choosing. They will also be asked on what matters, from a menu of some 50 items, they wish to receive communications and their preferred means of receiving these. 4. METHODOLOGY AND TIMING OF SURVEY 4.1 The survey will be available in both electronic form (on the municipal website) and paper form (at commonly visited municipal facilities). A range of communication means, including print advertising, social media and posters at municipal facilities will be used to build awareness of and encourage residents to access and complete the survey. 4.2 The survey will be available for residents' completion between Wednesday May nd and Friday June 7 th 22 . 4.3 To ensure valid and reliable results, a number of actions will be taken based on best practices, including: extensive use of a five point Likert scale questioning; pre- testing of the survey by customers to ensure it is clear and can be completed 17 -2 ■ c. in 10 -15 minutes; implementation of information technology security and integrity measures; the awareness building noted above. Responses from 430 residents will generate a 95% confidence level that the results reported are within 47% (plus or minus) of what is reported. 4.4 Paper completed surveys will be inputted by Staff, data reviewed to ensure validity, reliability and clarity, results analyzed corporately and by departments and actions developed for discussion with Council following the summer break. Connecting Clarington is a strategic priority for the Municipality. Having good information about customer's views of our services and communications is integral to effectively connecting, strong financial management, and good service. To gather this information, residents will be encouraged to complete a customer service survey between May 22nd and June 7th. Staff will administer the survey and report following the summer break on results and actions to respond. 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 -3 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May.6, 2013 Resolution : By-law #: Report#: CAO- 005 -13 File #: Subject: INTEGRITY COMMISSIONER it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CAO- 005 -13 be received for information. Submitted by: Franklin Wu, M.A.O.M. Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 17 -4 � KUJ At its meeting held on March 25, Council passed the following resolution: "THAT staff be directed to report on the feasibility of purchasing the services of an Integrity Commissioner on an ad hoc or as needed basis from a municipality that has appointed an Integrity Commissioner, with particular attention being directed towards using Port Hope's Integrity Commissioner, given their proximity to Clarington ". • • , - . • •` The subject of Integrity Commissioner has received considerable debates and discussions in recent years by both the previous council and the present Council. Staff have been directed, on more than one occasion, to research and provide reports and recommendations for Council in the deliberation of the issue. The following information should provide all the background information needed in the further deliberation of the subject matter. a) December 3, 2007 Council considered Report CLD 042 -07 and resolved among other matters, "not proceed with the appointment of an Integrity Commissioner, Ombudsman, or Auditor General, at this time ". (copy of Report CLD 042 -07 is attached as Attachment #1 to this Report) b) October 26, 2009 Council considered Report CAO 007 -09 and passed a resolution "That the CAO revise the existing Code of Conduct to develop a stand alone Code of Conduct for members of Council ". (copy of Report CAO 007 -09 is attached as Attachment #2 to this Report) c) November 23, 2009 Council considered Report CAO- 010 -09 and approved Bylaw 2009 -163 being a bylaw to establish a Code of Conduct for Members of Council. (copy of the Bylaw is attached as Attachment #3 to this Report) d) February 27, 2012 At the GPA meeting, the following motion was introduced but the motion was lost: 17 ®5 TONS K "That staff be directed to report to Committee by April 2, 2012, on the feasibility of purchasing the services of an integrity Commissioner on an ad hoc or as needed basis from a Municipality which has exercised its jurisdiction under Section 223.3(1) of the Municipal Act, with particular attention directed towards the viability of utilizing Port Hope's Commissioner, given the proximity of the neighboring Municipality to Clarington." 3. COMMENTS Acting on the instruction of Council resolution of March 25, 2013, staff examined the matter of feasibility and would like to offer the following comments. The word "feasibility" could mean different things to different people. To avoid any misunderstanding of how staff interprets this word, we rely on the definition of the word "feasible" as found in Webster dictionary. Feasible means a) capable of being done or carried out; b) capable of being used or dealt with successfully; c) reasonable, likely. The key words in this definition appear to be: "capable ", "successfully ", and "reasonable ". These words are obviously abstract without some context. In the comments that follow, we will apply these words within the context of a municipal government and within the scope of the specific instruction which is to a) examine the feasibility of purchasing the services of an integrity commissioner on an ad hoc or as needed basis from a municipality; and b) with particular attention directed towards using the Port Hope's Integrity Commissioner due to proximity to Clarington. 3.1 PURCHASING SERVICES This approach while appears reasonable, it has obvious limitations because funds have not been set aside in the budget for this purpose. Assuming this can be overcome, significant works are required to prepare for the specific service procurement such as drafting the terms of reference for the purpose of issuing an RFP. In short, purchasing service is feasible subject to the limitation cited above. 17 -6 NEW • - C. . ` M In our research of the infrequency usage in other municipalities, it would appear the "adhoc or as needed" approach would appear both reasonable and appropriate. In the absence of any details provided by Council on the intent of "particular attention ", staff interprets this to mean to look into the feasibility of purchasing the service from the individual who is the current Integrity Commissioner for Port Hope. Based on this assumption, Council should be aware of potential ramification related to this directive. First and foremost, Council would have to waive the Purchasing By -law to allow for a sole source contracting. For the purpose of ensuring openness and integrity of the service procurement process, a closed process of selecting a particular individual as an integrity commissioner could be problematic. Second, we do not have any knowledge about the Port Hope Integrity Commissioner to determine if the individual has a "fit" with what Clarington may need. Hence, it is premature to advise council if acquiring the service of the Port Hope Integrity Commissioner is feasible or otherwise. Last and not least, it would appear the rationale for special attention to the Port Hope Integrity Commissioner was based on "proximity to Clarington ". We know Port Hope is in proximity to Clarington but we have no knowledge if the Port Hope Integrity Commissioner is located nearby. For the information of Council, the Port Hope Integrity Commissioner was contracted by Port Hope in 2008 through a public open competitive process. We believe we have addressed the latest Council resolution plus provided all the background reports and resolutions that would assist Council's deliberation of the subject matter. 17 -7 Attachments: Attachment 1 — Report CLD 042 -07 Attachment 2 — Report CAO 007 -09 Attachment 3 — By -law 2009 -163 WOW 17 -8 ATTACHMENT NO. 1 TO REPORT CAO- 005 -13 General Purpose and Administration Committee Minutes December 3, 2007 THAT the proposed Procedural By -law included as Attachment No. 1 to Report CLD- 041 -07 be forwarded to Council for passage; and THAT the local boards be advised of Council's decision. CARRIED Resolution #GPA- 679 -07 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report CLD - 042 -07 be received; THAT the Accountability and Transparency Policy be approved by Council; THAT the Accountability and Transparency Policy and all other supporting Corporate Policies be available for public access through the Municipal Clerk's Department; THAT the Accountability and Transparency Policy and all other supporting Corporate Policies be posted on the Municipality of Clarington Website; and THAT Council not proceed with appointment of an Integrity Commissioner, Ombudsman, or Auditor General, at this time. CARRIED Mayor Abernethy Chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL200741, STREET LIGHTING IMPROVEMENTS AT VARIOUS LOCATIONS AND MEARNS AVENUE RECONSTRUCTION Resolution #GPA - 680 -07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD - 058 -07 be received; THAT Guild Electric Limited, Toronto, Ontario with a total bid in the amount of $65,322.77 (plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007 -41, be 'awarded the contract for the Street Lighting Improvements at Various Locations and Mearns Avenue Reconstruction as required by the Engineering Department; -16- 17 -9 t R EPORT Y DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 3, 2007 Report : CLD- 042 -07 File : By -law : Subject: ACCOUNTABILITY AND TRANSPARENCY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD - 042 -07 be received; 2. THAT the Accountability and Transparency Policy be approved by Council; 3. THAT the Accountability and Transparency Policy and all other supporting Corporate Policies be available for public access through the Municipal Clerk's Department; 4. THAT the Accountability and Transparency Policy and all other supporting Corporate Policies be posted on the Municipality of Clarington Website; and 5. THAT Council not proceed with appointment of an Integrity Commissioner, Ombudsman, or Auditor General, at this time. Submitted by: i.� 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 -6506 17 °10 REPORT NO.: CLD- 042 -07 Page 2 In March, 2007 Council considered and received for information Report CLD- 012 -07 which provided summary discussion of the amendments to the Municipal Act, 2009, as amended. Many of the amendments to the Act speak to accountability and transparency principles. This Report speaks further to Report CLD - 012 -07 respecting accountability and transparency. Section 270(1), paragraph 5, of the Municipal Act, S.O. 2009, as amended, requires all municipalities to adopt and maintain policies for "the manner in which the municipality will try to ensure that it is accountable to the public for its actions and that its actions are transparent to the public ". To comply with the requirements of the Act, accountability and transparency are understood to mean: a) Accountability includes the principle that the Municipality of Clarington is responsible to its stakeholders for decisions made and policies implemented, as well as its actions or inactions. b) Transparency includes the principle that the Municipality of Clarington actively encourages and fosters stakeholder participation, clarity and openness in the decision making processes. Based on these principles and definitions, the elements of accountability and transparency have been well- established within the Municipality of Clarington through various by -laws and policies adopted by Council. Some matters, such as the Municipal Freedom of information and Protection of Privacy Act and Municipal Conflict of Interest Act, have been legislated by the Province of Ontario and the requirements of the legislation have been followed for many years. Listed below are examples of how the Municipality of Clarington demonstrates Accountability and Transparency in our standard operating and decision making practices. 2.0 Accountability — Through Practices Examples, to date, of demonstrated accountability practices include; i) Standard procedure governing duties, responsibilities and meetings of Council and Committee; ii) Access to Council and Committee meeting agendas and minutes; iii) Open meetings; iv) Procedure for Closed meeting compliance investigations; v) Procedures respecting access to municipal records and protection of personal privacy in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA); vi) Council compliance under the Municipal Conflict of Interest Act; and vii) Regular and standard Financial reporting (audited and unaudited) including Performance Measures. 17 -11 W 4.0 . i 1 Transparency —Through Policies Examples, to date, of demonstrated transparency include the enforcement of the following Policies: i) Code of Ethics ii) Staff Development iii) Phone and Voicemail iv) Internet and E -mail Usage v) Communication Equipment vi) Use of Personal Vehicles vii) Vehicle Operation — Competent Operator viii) Loaning of Municipal Equipment Policy ix) Political Activities (staff participation therein) x) Public Notification procedures A) Land sale policies xii) Hiring policies Ali) Procurement policies Attachment 1 to this Report provides a summary of the accountability and transparency elements of the above listed practices and policies. Transparency cy — Through Delegated Authority Section 23.1 of the Municipal Act, 2001, as amended permits Council to delegate its powers and duties to a person or body subject to specific restrictions, section 23.2 details those restrictions as they relate to legislative and quasi - judicial powers, and section 23.3(1) details the powers that cannot be delegated. The purpose of this enabling provision is to permit Council to focus on more substantive, strategic responsibilities and issues facing the municipality and permit routine powers and duties to be exercised by delegated staff. 3 The Act requires that when delegating a power or duty, Council must ensure the power or duty is minor in nature and, where applicable, have regard to the number of people affected by the power or duty, the size of the geographic area and the time period affected by the exercise of the power or duty and any other criteria Council may determine to be appropriate. Over the past several years, Council has delegated responsibilities to staff through various by- laws. Attachment 2 to this report is a detailed list of the delegated authorities. Staff is currently conducting a review of the delegated authorities to ensure the accountability of the delegate and the transparency of the delegate's actions and decisions. Additionally, staff is reviewing other minor, routine powers and duties which may better serve the stakeholders if delegated. 5.0 Accountability i Transparency Policy The above listed policies and practices indirectly speak to and sustain the accountability and transparency principles. However, the Municipality has not yet implemented a formal 17 -12 El I "Accountability and Transparency Policy ". Attachment 3 to this Report is a recommended Policy that satisfies the requirements under the Municipal Act, 2009, as amended, and requires staff and Council to contemplate these principles in their actions, inactions and in the development and implementation of policies in the future. 6.0 Optional Integrity Provisions 1 Officers In addition to the requirement for the appointment of a meeting investigator and the implementation of an Accountability and Transparency Policy, the Municipal Act, 2001, as amended, also provides for other optional appointments to further promote the principles of accountability and transparency. There are four positions generally referred to as the "integrity officers ". They are the Integrity Commissioner, Ombudsman, Auditor General and Lobbyist Registrar. All of these Integrity Officers must be independent, impartial and have credible investigation processes, and be subject to confidentiality. These Officers have wide ranging investigatory powers including: The right to be provided with information and to have access to documents necessary for investigationslinquiries; • Powers to examine a person under oath; ® Confidentiality of information prevails over the Municipal Freedom of Information and Protection of Privacy Act; and ® Integrity Commissioner, Lobbyist Registrar and Auditor General may exercise some powers of a commission under the Public Inquiries Act, Attachment 4 to this Report provides a more detailed description of the purpose of each of the above- mentioned integrity officers. There is no obligation for Council to make any of the above- mentioned appointments and it is recommended by staff that we not proceed with these appointments at this time. 7.0 Summary and Recommendations Recent amendments to the Municipal Act, 2009, as amended, provide for accountability and transparency to our ratepayers and stakeholders. The Municipality of Clarington is well positioned to meet these objectives through its various administrative and Council enacted policies, through compliance with provincial legislated mandates and through its delegation of powers and duties to staff. To further ensure accountability and transparency, staff recommend that Council adopt and comply with the draft Accountability and Transparency Policy attached to this Report (Attachment 3). Through the adoption of this recommended policy, through the recent appointment of a meeting investigator, and through Council's consideration of a new Procedural By -law (presented to Committee in Report CLD- 041 -07), the Municipality of Clarington will be in compliance with all new mandatory requirements imposed by the Municipal Act, 2009, as amended. As for the optional appointments of integrity officers, staff recommend that these appointments not be made at this time, given that we have not received any pressure from the community nor Council respecting a disregard for our existing Code of Ethics and other such accountability policies. 1 41tTrgsted Parties: Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices cvutxUbiti Standard procedure The Procedural By -law, which has been adopted by Council, governs i a) governing duties, the proceedings of Council, its standing committee, special responsibilities and committees and local boards. The by -law addresses such issues as: meetings of Council and Committee i) the calling of meetings, both regular and special meetings ii) notice of such meetings iii) meetings being open to the public, in accordance with the Municipal Act, 2001 iv) rules of debate Note: a new Procedural By -law has been presented to Committee through Report CLIP- 041 -07. b) Access to Council and The Municipal Clerk's Department prepares an agenda for each Committee meeting Council and Committee meeting in advance of the meeting. In agendas and minutes accordance with the Procedural By -law, the agenda is distributed to the members of. Council and posted on the Municipality's website at least by the Friday preceding the Monday meeting. In accordance with the Municipal Act, 2001, as amended, the Municipal Clerk, or designate, attends the Council and Committee meetings for the purpose of recording the minutes, without note or comment. These minutes are available to the general public by being posted on the Municipality's website. As well, a hardcopy is available in the Municipal Clerk's Office for public access, the minutes are published in the agenda for the next regular meeting of the Council or Committee. C) Open Meetings In accordance with section 239 of the Act, all meetings of Council and Committee are open to the public, with certain exceptions. These exceptions are: "(a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor - client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act. 2001; A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied: 1. The meeting is held for the purpose of educating or training the members. 2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision- making of the council, local board or committee." All meetings of Council and Committee are held in the Council Chambers, unless otherwise determined by Council in accordance with the Municipality's Procedural By -law. The Council Chambers is an accessible venue and seats more than 100 people in the public gallery. Additionally, the meetings of Council are televised by Rogers Cable in accordance with Rogers' filming schedule. Only those portions of the Council /Committee meetings that are permitted to be closed to the public are conducted in the Ante Room, or other such room as determined by Council, in accordance with the Municipality's Procedural By -law. d) Procedure for Closed In accordance with section 239.1 of the Municipal Act, 2001, a person meeting compliance may request an investigation into whether or not the municipality has investigations complied with the requirements of section 239. This investigation will be conducted by an investigator appointed by the municipality or, if the municipality has not appointed an investigator, by the Provincial Ombudsman, The Municipality of Clarington has appointed Local Authority Services Ltd. (LAS) as the investigator to conduct these reviews. A review officer will be appointed by Amberley Gavel (who is providing this service for, LAS). Once a request for an investigation has been received, the Municipal Clerk shall process the request for investigation in accordance with the Department Procedure for Processing Request for Investigation of Closed Meeting Compliance. As copy of this procedure is included in this report as Attachment 5. Attachment 1 Report CLD- O42 -07 Detailed Discussion of Existing Practices 17 -16 e) Procedure Respecting The Municipal Freedom of Information and Protection of Privacy Act Access to Municipal (MFIPPA) was enacted in 1991 with the principle that all information Records and under the custody and control of the Municipality would be available Protection of Personal to the public, where requested with the exception of certain, specific Privacy information. Since the enactment of MFIPPA , the Municipality has been complying with the requirements of the Act, and in April of this year, Council adopted a formal policy which .documented the requirements of the Act and specifically identified the responsibilities of members of Council, the Chief Administrative Officer and Department Heads as they relate to collection, use and disclosure of information, f) Council Compliance The Municipal Conflict of Interest Act, R.S.O. 1990,. as amended, Under the Municipal applies to the members of Council. The purpose of the Act is to Conflict of Interest Act ensure that members do not speak or vote on any issue for which they have a direct or indirect pecuniary interest. It shall be the responsibility of each member of Council, not staff, to determine whether they have a direct or indirect pecuniary interest with respect to matters either before Committee /Council and any activities in which they are involved in their day to day municipal business. The Act requires that a member with a direct or indirect pecuniary interest, who is in attendance at a meeting where the matter in which the member has a pecuniary interest must: • Disclose the interest and the general nature of the conflict; • Not take part in the discussion or vote on the matter; • Not attempt to influence the vote, before, during, or after the meeting; • Leave the meeting while the matter is being discussed (only if the meeting is in camera); and, • If absent from a meeting where a member's pecuniary interest is considered, disclose the interest at the next meeting attended by that member. The Act states that a member does not have a pecuniary interest in respect of the following: (a) as a user of any public utility service supplied to the member by the municipality or local board in like manner and subject to the like conditions as are applicable in the case of persons who are not members; 17 -16 Attachment 1 Report CL.D- 042 -07 Detailed Discussion of Existing Practices iw Wi (b) by reason of the member being entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other such benefit offered by the municipality or local board; (c) by reason of the member purchasing or owning a debenture of the municipality or local board; (d) by reason of the member having made a deposit with the municipality or local board, the whole or part of which is or may be returnable to the member in like manner as such a deposit is or may be returnable to all other electors; (e) by reason of having an interest in any property affected by a work under the Drainage Act or by a work under a regulation made under Part XII of the Municipal Act, 2001 or Part IX of the City of Toronto Act, 2006, as the case may be, relating to local improvements; (f) by reason of having an interest in farm lands that are exempted from taxation for certain expenditures under the Assessment Act; (g) by reason of the member being eligible for election or appointment to fill a vacancy, office or position in the council or local board when the council or local board is empowered or required by any general or special Act to fill such vacancy, office or position; (h) by reason only of the member being a director or senior officer of a corporation incorporated for the purpose of carrying on business for and on behalf of the municipality or local board or by reason only of the member being a member of a board, commission, or other body as an appointee of a council or local board; (i) in respect of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which the member may be entitled by reason of being a member or as a member of a volunteer fire brigade, as the case may be; 0) by reason of the member having a pecuniary interest which is an interest in common with electors generally; or iw Wi Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices A-co tttfi�l >(4 (k) by reason only of an interest of the member which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member. R.S.O. 1990, c. M.50, s. 4; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 33 (1). A member of Council who allegedly breaches the Act may be subject to prosecution which could result in the member being disqualified from his /her seat, being disqualified from running for Council for seven (7) years, and the member may be ordered to make restitution. Actions against members may be brought forward by electors within six (6) weeks after the fact of the alleged breach comes to his /her knowledge and not later than six (6) years after the alleged contravention occurred. _iF Regular and Standard On an annual basis, the Municipality of Clarington is required to meet Financial Reporting various financial reporting requirements under provincial legislation. Including Performance These reports are prepared by staff and forwarded to Committee and Measures Council for their consideration and endorsement. The purpose of these reports is to formally communicate to the ratepayers of the Municipality and our stakeholders, and in some cases, reports are required to be forwarded to the Ministry of Municipal Affairs and Housing for information. 1) Annually, staff prepares a report recommending an Operating and a Capital Budget for the fiscal year. The budget report details the following: • Overview of proposed budget • Tax rate stabilization • Highlighting any tax policy changes • Staffing requests • Capital budget commentary • Current budget impacts • Debt status • Insurance • Reserve and reserve fund contributions • Requests from external agencies (eg. Library Board) • Comments respecting future years' budgets 2) On a quarterly basis, staff report on the Cash Activity of the municipality which includes: • Analysis of Revenue and Expenditures • Continuity of Taxes Receivable • Statistical Information Investments Outstanding i 9 1 Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices '�4rrcciE�': 3) The fiscal year -end for the Municipality is December 31St Section 296(1) of the Municipal Act, S.O. 2001, c.25 provides that "A municipality shall appoint an auditor licensed under the Public Accounting Act who is responsible for, (a) annually auditing the accounts and transactions of the municipality and its local boards and expressing an opinion on the financial statements of these bodies based on the audit;" Deloitte & Touche, Toronto, Ontario, were appointed as the Municipality of Clarington's auditors through report COD - 001 -05 for a five (5) year term to expire January 31, 2010. A copy of the audited financial statements (consolidated statement of Financial Activities and Fund Balance) are made available for public viewing, and a condensed version is posted on the Municipality's website. Additionally, the Ministry of Municipal Affairs and Housing requires an audit letter as well as specialized financial reports entitled Financial Information Returns. The Ministry reviews these and provides Financial Indicator Reviews based on the information submitted and comparable municipalities. 4) In 2001 the province mandated the Municipal Performance Measures Program (MPMP). The provincial objectives of the MPMP are to enhance accountability to taxpayers, increase taxpayer awareness and share best practices between municipalities. The information is intended to be used as a tool to gauge improvements in service delivery year over year in the following service areas: Local government, Fire, Roads, Stormwater, Parks and Recreation, Libraries, and Land Use Planning. 5) Other annual reports respecting municipal finances include: • Annual Statement for the Development Charges Reserve Funds • Mayor and Councillor's Remuneration and Expenses • Building Permit Fees • Insurance Program • Annual Leasing Report 7 -19 Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices .. ;..: T ' -'I' a..:Y. a} Code of Ethics The Code of Ethics Policy was adopted by Council in December, 2001, The Purpose of this Policy is to provide a standard of conduct for employees of the Corporation in the carrying out of their work assignments and their relationships with the public, elected officials and each other. The Code of Ethics addresses areas including but not limited to: • Employees and Council shall not breach the public trust or misappropriate public funds and /or resources • Prohibiting the use of municipal property, equipment and supplies for personal use • Conditions of participation in decision making process • Solicitation or acceptance of gifts Non - disclosure of confidential information obtained through fulfilling their mandate • Acknowledgement of Corporate Purchasing policy • Acknowledgement of Corporate Health and Safety Policy • Limitations on engaging in business outside the workplace which is incompatible or which may interfere with the discharge of their official duties • Obligation to disclose to the respective Department Head, any conflict of interest penalties for contravention of the Code of Ethics b) Staff Development The Staff Development Policy was adopted by Council in March, Policy 2004. The Purpose of this Policy is to provide a system to encourage the self - development of employees by continuing their education, training and professional development. The Policy details conditions respecting training and education funding and reimbursement. c} Phone and Voicemail The Phone and Voicemail Usage Policy was approved by the CAO in Usage Policy January, 2004. The purpose of this Policy is to establish regulations pertaining to phone and voicemail usage. The Policy addresses limitations for long distance calls and faxes, prohibits the use of cellular phones for personal use, and establishes a standard protocol for voicemail. d) Internet & E -mail The Internet & E -mail Usage Policy was adopted by Council in Usage Policy December, 2001. The purpose of this Policy is to ensure employees are knowledgeable in their use of the internet and e-mail and are aware of the situations in which these forms of communications are appropriate and permitted. This Policy establishes the rules for internet site access, downloading of files and states that any a -mails are legal property of the Municipality, The Policy includes penalties for contravention. I /-LU Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices e) Communication The Communication Equipment Policy was approved by the CAO in Equipment Policy April, 2007. The purposes of this Policy are: ® to ensure managerial personnel have the appropriate communication equipment when they are away from their normal office working environment. Provision of communication equipment is essential as most managerial staff is required to respond to off hour emergencies, as well as to provide supervision to various services beyond the normal office hour operation. e To ensure cost effectiveness in the provision of the necessary communication equipment. This Policy ensures that functionality of the communication equipment matches the staff need. f) Use of Personal The Use of Personal Vehicles Policy and the Vehicle Operation — Vehicles Policy and Competent Operator policies were approved by the CAO in Vehicle Operation — November, 2004 and January, 2005 respectively. The purposes of Competent Operator these Policies are: Policy ® To set out the parameters in which a personal vehicle may be used to conduct Municipal business; • To ensure the safe operation of personal vehicles as a means to protect employees, the public, the Municipality, as well as private properties; and • To set -out the protocol for operator competence to ensure the safe operation of Municipal vehicles and equipment as a means to protect employees, the public, the Municipality, as well as private properties. These Policies ensure that every driver must possess a valid driver's licence, have valid insurance and shall notify their immediate supervisor if there are any conditions or limitations placed on their licence or if their driver status changes. These policies include penalties for contravention. g) Loaning of Municipal The Loaning of Municipal Equipment Policy was adopted by the CAO Equipment Policy in October, 2005. The purpose of this Policy is to establish regulations with regards to the loaning of municipal equipment. The Policy prohibits the use of municipal equipment for personal use. 17 -21 Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices h} Political Activities The Political Activities Policy was.adopted by Council in March, 2005. Policy The purpose of this Policy is to protect the integrity of the public service while allowing employees to exercise their democratic rights if they so choose. This Policy discourages employees from engaging in political activities, and should an employee choose to engage in political activities, this Policy restricts them from doing so in the workplace. As well, this policy limits the conduct of political activities within municipally owned facilities. i} Notification Policy In accordance with Section 251 of the Municipal Act, 2001, By -law 2005 -022 was enacted by Council on February 14,.2005. This By- law prescribes the form, manner and times for compliance with the provision notice requirements mandated in the Act. The By -law speaks to notices respecting: passing of by -laws, adoption of the annual operating and capital budgets and any amendments thereof, and any service level improvements, Notices shall be typically included in the newspaper and are posted on the Municipal Website. The Procedural By -law also provides for notification of dates, times and locations of regular and special meetings of Council, GPA, and special committees. j} Sale of Real Property In accordance with Sections 193(2) and (3) of the Municipal Act, Policy 2001, as amended, By -law 95 -22 was enacted by Council on March 6, 1995 and establishes procedures governing the sale of real property by the Municipality. The By -law requires that surplus property must be declared as such by Council in an open meeting and once declared, the Municipal Clerk shall ensure notice of the proposed sale of land is posted in the newspaper. In most cases, the value of the property must be determined by at least one appraisal. Sale of lands may be conducted through a public tender process, sold at fair market value to adjacent property owners, or exchanged and transferred. k} Hiring Policy The Hiring Practices Policy was adopted by Council in January, 2002. The purposes of this Policy are: • To convey the Municipality's continuing practice of non - discriminatory employment; and • To create and maintain a standardized means of recruiting employees This Policy ensures compliance with the Human Rights Code and speaks to the practice of neither favouring nor discriminating against relatives of an employee or elected official. Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices 17 -23 Purchasing Policy In.accordance with section 270(1) of the Municipal Act, 2009, as amended, By -law 2006 -127 was enacted by Council. This Ij Purchasing By -law provides for the purchasing and tendering policies and procedures applying to the purchase of all types of goods and /or services. Every municipal department engages in the procurement of goods and services and to ensure transparency and accountability to our ratepayers and stakeholders, our By -law: e Encourages competition among suppliers ® Ensures fairness between bidders e Maximizes savings e Ensures service and product delivery efficiency and effectiveness e Ensures quality e Ensures supplier accountability e Provides for maximizing government service while minimizing cost e Provides an objective process e Fosters openness, accountability and transparency while protecting the municipality's financial interests m} Orientation Policy In addition to the above- referenced Policies, the Orientation Policy, approved by the CAO in January, 2001, was implemented to ensure that all new employees are properly oriented with their new work environment. This Policy includes the requirement that new employees be made aware of and understand their duties and responsibilities under all relevant corporate policies. 17 -23 Attachment 2 Report CLD-042.07 Delegated Duties and Authorities I I N O% W WE, I Municipal Freedom of Information and Protection Municipal By-law 90-193 of Privacy Act Clerk and Resolution GPA# 815-90 For the purposes of the Act, the Head is the Mayor. The powers and duties of the Head have been delegated to the FOI Co-ordinator. However, the Head still remains accountable for the actions taken and decisions made under the Act. 2 Order to Restrain Appeal Hearing Manager, By-law 2005-225 Delegated Council's duty to hold a hearing to Municipal determine whether or not an owner in whole or in Law part from the requirements detailed in an Order to Enforcement Restrain and to render a ruling on such an appeal are delegated, in accordance with section 105 of the Munici pal Act, 2001, as amended. 3 Procurement Purchasing By-law 2006-127 Acquisition of goods and services of value equal to Manager or less than.$50,000, in accordance with the rules set forth in the Purchasing By-law. 4 Site Plan Control Area Director of By-law 2005-135 Delegation of the approval of site plans in Planning accordance with Section 41 of the Planning Act, with Services and the exception of the authority to define any class or Director of classes of development as mentioned section Engineering -41(13)(a). Services Execute any agreement between the Municipality Municipal and the property owner as may be required as a Clerk and condition of the approval of the plans and drawings. Mayor 5 Planning Applications – Completeness Director of By-law 2007-131 Determination Planning Delegation of authority to make decisions on whether Services planning applications submitted pursuant to the Planning Act and Conservation Land Statute Amendment Act, 2006, are deemed complete, 6. Tax! Licence Application – Approval with Municipal By-law 2005-205 Criminal Record Clerk Delegation of authority to approve taxi licence application where criminal record is minor or is more than seven (7) years old. 7. Adoption Fees – Approval to Reduce Municipal By-law 2007-208 Delegation of authority to reduce the adoption fees Clerk and for animals i n s pecified circumstances. — Deputy Clerk — 8. Assessment Review Board – Municipal Appeals Director of By-law 2503-031 Delegation of authority to the Finance 17-24 Attachment 2 Report CLD- 042 -07 Delegated Duties and Authorities ter Ou ors Y Director of Finance/Treasurer to appeal Assessments to the Assessment Review Board on behalf of the Municipality of Clarington. 9. Minor exceptions to Sign By -law Director of By -law 97 -157, as Delegated authority to make minor exceptions Planning amended without amendment to the By -law in situations of extenuating circumstances. These exceptions shall be only for the size or height of a sign and shall not exceed 10% of the permissible size or height as prescribed within the By -law. 10. Sub divisionlCondominium Approval — authority Director of By -law 2001 -072 under Section 51 of the Planning Act, R.S.O. 1990 Planning, or chapter P. 13 as amended designate Delegated all of the Council's authority under Section 51 of the Planning Act, R.S.O. 1990, chapter P.13 as amended. The authority delegated to the Director extends only to those matters in respect of which Council adopted procedures which direct the Director to make a decision. 11. Heritage Conservation District Plan — authority Director of By -law 2006 -102 under Part V of the Ontario Heritage Act, R.S.O. Planning, or 1990; chapter 0.18. as amended designate Delegated authority to approve minor applications to grant permits for the alteration of property situated in a heritage conservation district 12. Community Improvement Plan — authority under Director of By -law 2005 -123 Part IV — of the Planning Act, R.S.O. 1990, Planning By -law 2005 -039 chapter P.13 - Community Improvement, as amended Delegated authority to administer and approve the Grant Program (Building Permit Fee Grant Program, Site Plan Control Fee Grant Program, and Heritage Building Fagade Improvement Grant Program) as contained within the Community Improvement Plan for Bowmanville and Orono. 13. Road Closures Director of By -law 82 -32 Delegated authority to review and approve Engineering applications from any person, group or agency wishing to occupy a Municipal Road or Right-of-Way 17 -25 Attachment 2 . Report CLD- 042 -07 Duties and Authorities for any reason which alters the normal use or status of same to apply, and grant approval for a Road Occupancy Permit. 14. Truck traffic routing I Director of By -law 91 Delegated authority to issue ,permits for the . Engineering amended movement on highways of heavy vehicles, loads, objects or structures which are in excess of the dimensional limits set out in Section 92, 104a, or the weight limits set out in Part VII of the Highway Traffic Act, R.S.O. 1980, c.198, as amended. as 15. Street Signs Director of By -law 91 -58, as Delegated authority to authorized to place or erect Engineering amended and to-maintain such authorized and official signs as are required'to give effect to the provisions of this by- law. 17 -26 0 Leading the Way Attachment 3 Report CL®- 042 -07 17 -27 Section: H Category: Operations Subsection: H29 Application: All Employees 1. Purpose: Date Approved: Last Revised: Approved by: The Municipality of Clarington is committed to ensuring that it is accountable to the public for its actions, through responsible and transparent behaviours and the manner in which the municipality will try to ensure that its actions are transparent to the public. The purpose of this policy is to detail the guiding principles for Municipal service delivery with Section 270 of the Municipal Act. 2. Policy: Guiding Principles This policy is premised on the following two guiding principles: a) Accountability includes the principle that the Municipality of Clarington is responsible to its stakeholders for decisions made and policies implemented, as well as its actions or inactions. b) Transparency includes the principle that the Municipality of Clarington actively encourages and fosters stakeholder participation, clarity and openness in the decision making processes. Policy Statement In support of the Municipality of Clarington's Vision, "Your Choice for a Caring and Vibrant Community" and in support of the Municipality's Mission, Page 1 of 2 — Affiliated and Others: H29 "To provide essential infrastructure and quality services to our community stakeholders through leadership, accountability and respect.' the Council of the Municipality acknowledges that it is responsible to provide good government for its stakeholders in an accountable and transparent manner by: • Encouraging public access and participation to ensure that decision making is responsive to the needs of its constituents and receptive to their opinions; • Delivering high quality services to our citizens; and • Promoting the efficient use of public resources. Accountability, transparency and openness are standards of good government that enhance public trust. They are achieved through the Municipality adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever possible, the Municipality will engage its stakeholders throughout its decision making process which will be open, visible and transparent to the public. 3. Procedures: 3.1 The guiding principles of accountability and transparency will be contemplated by staff and Council in their actions, inactions and in any decision making process. 3.2 Staff reports to Committee /Council shall, where applicable, state how the recommendations comply with accountability and transparency principles. 3.3 Council shall ensure that policies adopted by Council are consistent with the guiding principles of this Policy. 3.4 The CAO of the Municipality of Clarington shall ensure that all administrative Policies of the Municipality of Clarington comply with the guiding principles of this Policy. 3.5 Staff, in executing their duties and responsibilities shall ensure that they are guided by the Guiding Principles of this Policy. Where Council has delegated any of its duties and authorities to staff, staff shall ensure that the appropriate Council member(s) is /are regularly informed of any unusual or notable issues in a timely manner. 4. Appendices: None Page 2 of 2 — Affiliated and Others: H29 17 °28 Attachment 4 CL®- 042 -07 Integrity Officers Item:. it ale: 1 Integrity The purpose of the Integrity Commissioner is to investigate and Commissioner report to Council on the conduct of its members and the members of local boards. The intent is to ensure compliance with the Code of Ethics /Conduct and other procedures, rules and policies governing ethical behaviour. 2 Ombudsman The purpose of the Ombudsman is to investigate administrative decisions, recommendations, actions or the lack thereof. The position as defined has far reaching investigative and review powers including a review of how the current staff code of ethics is applied or processes related to any current program. Generally, Ombudsmen are appointed when an organization is of a substantial size and when the reporting structures and the accountability framework are not acceptable to the community or Council. The ruling of the Ombudsman is final. 3 Auditor General The purpose of the Auditor General is to assist Council: • in holding itself'and municipal administrators accountable for the quality of stewardship over public funds, and • for achievement of value for money in municipal operators The Auditor General responsibilities do not include the responsibilities of the municipal external auditor. 4 Lobbyist The legislation provides for implementation of an optional, publicly Registrar and accessible Lobbyist Registry to provide a system of registration of Registry persons who lobby politicians and public officers. In June, 2007 Council passed the following resolution #GPA -463- 07: "THAT Report CAO- 011 -07 be received; THAT the presentation "An Overview of the Lobbyist Registry System" by the CAO be received; THAT Council not proceed with the introduction of a Lobbyist Registry System at this time until such time Members of Council have the opportunity to examine all the pros and cons of implementing such a system and until such time the Municipality acquires best practices knowledge and experience from similar size municipalities; and THAT the Chief Administrative Officer be directed to bring forth the necessary amendments to the existing Code of Ethics to ensure all Members of Council and staff are governed by clear and enforceable policies." 17 -29 Attachment 5 Report CLD- 042 -07 Clerk's •. d 0181:110 Leading the' Way Approved by: Procedure Number: L02 -001 Approval Date: November 27, 2007 Revision Date: � •• Processing • • Meeting Investigations Compliance The Municipality of Clarington is committed to conducting actions and making decisions in accordance with the Municipality's Accountability and Transparency Policy. This Procedure details the steps in processing a request for Investigation of Compliance for the conduct of a closed meeting of Council /Committee. Procedure: 1. Standard Form All requests shall be filed by the investigation requester by completing the Application for Request for Closed Meeting Compliance Investigation. The Request Form shall be completed in its entirety and signed by the requester and submitted to the Municipal Clerk's Office. 2. Request Fee There is no fee imposed on the investigation requester for filing a Request for Closed Meeting Compliance Investigation. 3. Assemble Request Package Upon receipt of a complete Application for Request for Closed Meeting Compliance Investigation, the Municipal Clerk shall ensure that a package is assembled including the following records: • The original request for investigation • Certified copies of the procedural by -law, notice of the meeting Page 1 of 2 17 -30 Departmental w • - • • • • • Meeting Compliance • • ns ® Certified copies of the agenda and minutes of the meeting ® Contact list for all members of Council, local board or committee for which the request is made and for all persons present at the meeting ® Any further information determined relevant by the Municipal Clerk A File is opened under L02.CO (Claims against the Municipality, Compliance Investigations) and a copy of the complete package is filed. 4. Forward Package to Investigator The Municipality of Clarington has appointed Local Authority Services Ltd. (LAS) as the investigator to conduct these reviews. The Municipal Clerk shall prepare a cover letter and forward the package to the LAS Investigator. 5. Disposition of Report Findings Upon receipt of the of the Findings Report from the Meeting Investigator, the Municipal Clerk shall prepare a report to GPA advising of the investigation findings, associated costs and any necessary actions to be taken in accordance with the Meeting Investigator's recommendations (where applicable). If necessary, policies, procedures or the procedural by -law shall be amended to reflect the Meeting Investigator's recommendations. The Meeting Investigator's Finding Report shall be filed with the original complaint and the copy of the complaint package that was forwarded to the Meeting Investigator. The file is closed. Page 2 of 2 17 -31 ATTACHMENT NO. 2 TO REPORT CAO- 005 -13 Recommendation It is respectfully recommended that the General Purpose and Administration Committee. recommend to Council the following: 1. THAT Report CAO- 007 -09 be received; 2. That Council provides direction with respect to either, a) Take no further action on this subject matter and receive this report for information; or b) Direct the CAO to draft a Code of Conduct for Council Members for Council's consideration and approval. Submitted by. Franklin Wu M.A.O.M Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40, TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -5717 17 -32 At its meeting held on March 23, 2009, Council directed the CAO to research and review existing Codes of Ethics, Code of Conduct and Council Charter that various municipalities have adopted and to report and recommend to Council on those The CAO has been overloaded with several findings, on or before Sept.14, 2009 major projects this year in addition to assuming the role of Director of Operations. As a result, it was impossible to meet the September deadline date. Be it as it may, the CAO has now completed research and analysis of the subject matter and is pleased to submit this report for Council consideration. 2. WHY A CODE OF CONDUCT? Municipal Council Members hold positions of privilege. As a result, they are held to the highest standard of behavior and integrity and are expected to discharge their duties in a manner consistent with the principle of upholding the public trust: In the absence of policies or guidelines, one cannot assume each and every member of council have the same understanding of that standard of behavior and integrity. Hence, most municipal governments have adopted or approved some forms of Code of Conduct, Codes of Ethics, or Council Charter in order to provide policies or guidelines to assist Council Members. 3. WHAT'S OUR CURRENT PRACTICE The Municipality of Clarington has a Code of Ethics approved by Council back in December 10, 2001. It has since been revised to clarify several areas of ambiguity as well as the addition of several conduct guidelines. This Code is primarily an employee Code and as such most provisions do not apply to Members of Council. However, embedded in the policies are several provisions that specifically apply to Council Members. They are: - Not breach the public trust or misappropriate public funds and or resources Not use municipal property, equipment, supplies or services of consequence for activities not associated with the dischardof official duties 17 -33 Not benefit from the use of information relating to the affairs of the municipality Not sell goods or services to the Municipality's or have a direct or indirect interest in a company or own a company that sells goods or services to the municipality Not conduct their work activities in a manner which may cause personal injury to themselves or others or damage to equipment or property of the Municipality Not bid on the sale of goods except those disposed by Public Auction - Not use municipal buying power for personal gain or benefit r In the course of our review of the practices in other municipalities, we have reviewed Codes of Conduct in several municipalities including all Durham Municipalities. With the exception of the Town of Whitby, every municipality in Durham Region has some forms of Code of Conduct for Council Members, Attachment 1 is a summary of the nature and character of these documents. While there are variations among these codes, there are also significant amount of similarity such as the content component of the codes. It is worthy to note that none of the Codes contain any meaningful compliance or enforcement provisions. There are probably several reasons why these codes shy away from this issue. This will be elaborated later on in this report. . WHAT'S IN A CODE OF CONDUCT Many have viewed and used Code of Conduct and Code of Ethics as being interchangeable. The truth is that these are two separate matters. Conduct is "the manner in which a person behaves ", Ethics is "the moral principles governing or influencing conduct "(Oxford). Strictly speaking, a Code of Conduct should only contain the behavior issues and not venture into the area of ethics. Be it as it may, most municipal Codes of Conducts cover both behavior and ethical matters. Therefore for the purpose of discussion in this report, we would consider ethical matters falling within the realm of a Code of Conduct. a) On the matter of conduct, the following elements are commonly found in most municipal Code of Conduct. 17 -34 r 1 I, r ■ r CounciUStaff Relationship - Not to influence the decision making process as it relates to hiring practice, award of contracts or settlement of claims through personal contact or interaction with the parties administering or directly involved in such process Refrain from any conduct which may deter, interfere or unduly influence employees in the performance of such duties and obligations Confidential Information - Refrain from releasing, making public, or in any way divulging confidential information, personal information or any aspect of the deliberations in a closed meeting to anyone, unless expressly authorized by Council or required by law. - Not to release information subject to solicitor /client privilege Not to misuse confidential information that may result in personal benefit or other individuals related to him /her Gifts, Commission, etc. - Not to solicit, accept, offer or agree to accept a commission, reward, gift, advantage or benefit of any kind, personally or through a family member or friend which is connected with the performance of his /her official duties Reject andlor return any gifts or benefits with an explanation of why such cannot be accepted Interpersonal Behavior - Treat every person, including other Council Members, staff and public with dignity and respect - Not discriminate or engage in harassment activities b) From the ethical perspective, some Codes will provide guidelines to assist members to determine what is ethical and what is not. From our research, we found the "Smell Test" guidelines in the City of Edmonton Code are probably the 17 -35 REPORT NO.: CAO- 007 -09 most simple and straight forward. A "Smell Test" could include asking yourself the following questions: - Will the act result in personal gain or benefit? - Could an outside person, colleague or the media perceive this action as unethical? - Will I owe someone something as a result of this action? - Was this gift/action intended to influence my decision? - Would I hesitate to take this action or to allow anyone to take this action in my own company? 6. CODE COMPLIANCE AND ENFORCEMENT Most municipal Code of Conduct for Council Members contains little or no provision with respect to compliance or enforcement. We suspect this could be the result of one or more of the following factors: a) Except for the City of Toronto,.providing a Code of Conduct for Council Members is not obligatory under the Municipal Act. Due to this permissive nature of the legislation, any code made by a municipality will be difficult to enforce unless the breach is in violation of other relevant legislations such as the Conflict of Interest Act, Freedom of Information and Protection of Privacy Act etc. Further, Section 223.2(2) of the Municipal Act states "A bylaw cannot provide that a member who contravenes a Code of Conduct is guilty of an offence." This essentially negates any reason for imposing penalty. NoWthstanding, a few municipalities have included penalty provisions in their codes such as loss of remuneration, prohibition from attending closed meetings etc. However, the enforcement of these penalties are generally left silent in the Code. b) Regardless of whether or not it makes sense to provide for reprimand or penalty in a .code, the real question has to be: Who will determine if a Member of Council has breached the code? This function cannot be delegated to the CAO or any staff member due to their employer /employee relationship. The Municipal Act does permit a municipality to appoint an independent Integrity Commissioner. Few municipalities have taken up this option. We suspect the cost of setting up an Integrity Commissioner Office for the very few cases it will deal with simply 17 -36 .* f • li 1' made such a proposition untenable from a financial perspective. In its first year of operation, it was reported that the City of Toronto has expended approximately $160,000, primarily in staffing cost. Cost of establishing an Integrity Commissioner Office should be less in smaller municipalities but could still be a formidable amount and challenge a small municipality budget. It should be noted that the issue of Integrity Commission was dealt with by Council through its approval of the recommendations as contained in Report CLD- 042 -07 where Council resolved "not to proceed with the appointment of an Integrity Commissioner, Ombudsman or Auditor General, at this time." c) Notwithstanding the foregoing limitation in enforcement of a Code of Conduct, in circumstances where the alleged breach of a Code of Conduct is in violation of pertinent legislations such as the Conflict of Interest Act, Criminal Code, etc. the remedy can be in the form of legal action against the council member. Provision for such action would go beyond the scope of a Code of Conduct. In cases where the breach of the code involves significant breach of public trust or gross misconduct, Council may pass a resolution pursuant to Section 274(1) of the Municipal Act, requesting a judicial investigation into the member's conduct. 7. CONCLUSION In view of the foregoing discussion pertaining to the limitation in enforcement, most municipal Codes of Conduct would leave this matter silent and default the enforcement to self compliance and public scrutiny through coverage of the particular issue by the media. This is probably the best scenario one can expect to get some value out of a Code of Conduct that some may consider "not worth the paper written on ". In the consideration whether or not Clarington should have a stand alone Code of Conduct for Council Members, we pose the following questions for council consideration: a) Would Council consider the current policies embedded in the employee Code of Conduct as inadequate? b) Would Council consider a new stand alone Code of Conduct for Council Members would improve the public trust and confidence? c) Given the enforcement issue may be problematic; would Council accept a Code of Conduct that would rely on self compliance as an enforcement tool? 17 -37 ATTACHMENT 1 TO REPORT CAO- 007 -09 MUNICIPALITIES I DOCUMENT MAIN COMPONENT E F O CE ON T Clarington Policies embedded in ® Municipal Assets/ Resources Silent Corporate Policy ® Insider Information Oshawa Council Charter ® Council /Staff relationship Self adherence ® General Conduct Guidelines Scugog Code of Conduct By -law ® Gift /Personal gain Hume Rights Code for ® Confidentiality Harassment ® Municipal Resources • Harassment Brock Code of Conduct By -law ® Confidentiality Mayor & Clerk as ® Gifts investigators • Procurement • Conflict of Interest Ajax Code of Conduct By -law + Confidentiality Applicable Statutes s Conflict of Interest ® Gifts /Personal gain • Council /Staff relationship • Municipal Assets /Resources Pickering Code of Conduct • Conflict of Interest None Specific. e Municipal Resources ® Personal Interests + Confidentiality • Registration of Gifts Uxbridge Code of Conduct + Gifts /Benefits Specific Policies and • Confidentiality Procedures for Whitby Code of Conduct for Staff Only 17 -38 Recommendation It is respectfully recommended that the General Purpose and Administration Committee recommend tp Council the following: 1. THAT Report CAO- 010 -09 be received; 2. THAT the attached By -law with respect of Council Member Code of Conduct be approved. Submitted by: 0 Franklin Wu M.A.O.M Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623 -3379 F (905)623 -5717 17 -39 Report 1. At its meeting held on October 26, 2009, Council considered CAO Report 007 -09 and resolved to direct the CAO to draft a standalone Code of Conduct for Council Members. 2. Attached herein is the By -law providing for such a Code. The provisions of the .Code are verbatim extractions from the "Employee Code" where reference was made to Members of Council. 17 °40 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2009- Being a by -law to Establish a Code of Conduct for Members of Council WHEREAS section 223.2 of The Municipal Act, 2009, as amended, authorizes the municipality to establish a Code of Conduct for members of the council; and WHEREAS the Council of the Municipality of Clarington has determined the need to establish a standalone Code of Conduct for members of council: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT Schedule A attached hereto is adopted as the Municipality of Clarington's Code of Conduct for members of council; and 2. THAT Schedule A attached hereto forms part of this by -law. By -law read a first, second and third time this day of 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 17 -41 Schedule A to Bylaw 2009 -LO Code of Conduct — Members of Council 1. Purpose The Code of Conduct for members of council serves as a guide to members of council in the individual conduct of their official duties. The Code represents general standards. It does not replace council member's roles, responsibilities, actions and behaviours required by various statutes. 2. Conduct Members of council shall not: a) breach the public trust or misappropriate public funds and/or resources. b) use Municipal property, equipment, supplies or services of consequence for activities not associated with the discharge of, official duties. c) benefit from the use of information relating to the affairs of the Municipality. d) benefit from the use of information acquired during the course of official duties which is not generally available to the public. e) sell goods or services to the Municipality or have a direct or indirect interest in a company or own a company which sells goods or services to the Municipality. f) conduct their work activities in a manner which may cause personal injury to themselves or others or damage to equipment or property of the Municipality. g) bid on the sale of goods except those disposed by public auction. h) use Municipal buying power for personal gain or benefit. 3. Enforcement The onus of compliance of the Code is on the individual member of council. In addition, the provisions of various statutes pertaining to the roles, responsibilities, actions and behaviours governing members of council apply to instances of improper conduct. 17 -42 HAN DOUTS /C I RCULATI ONS APPLICATION BY 2055979 ONTARIO INC . TO PERMIT FOUR RESIDENTIAL LOTS ON HARRY GAY _ DRIVE, COURTICE FILE NO. : ZBA 2013 - 0005 U . �L 7 ; GEORGE REYNOLDS DR- Subject r k ' ,the. " - -tip �p a BRQOIAs dw aw IMMLY• .r r. •.S• t _ ZBA 2013 -0005 Hancock Neighbourhood Design Plan esessssses�se ©® Wit.. 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ZBA 2013 -0005 AM Clean Water - Healthy Land it G anaraska Financial Assistance Program CONSERVATION Clean Water - Healthy Land Financial Assistance Program within the Municipality of Clarington and the Regional Municipality of Durham Pam Lancaster, Clean Water - Healthy Land Program Coordinator Ganaraska Region Conservation Authority Monday, May 6, 2013 Municipality of Clarington, GP&A Meeting '�F Clean Water - Healthy Land G anaraska Financial Assistance Program CONSERVATION The goal of the CWHLFAP is "through stewardship, improve overall watershed health " • Identification through watershed and fisheries plans • Engage and assist watershed residents in stewardship and conservation . • Enhance public awareness of watershed health • Provide technical services • Provide financial assistances • Address recommendations from monitoring and evaluation programs AN* Clean Water - Healthy Land it G anaraska Financial Assistance Program CONSERVATION Financial Assistance Program • Provide funding assistance to the residents of the Municipality of Clarington , within the GRCA region . • Funding available for landowners, residents, community groups, schools etc. . . • Review process to give out funding . Clean Water - Healthy Land G task Financial Assistance Program CONSERVATION Fund 'ing and C Project Category Cost-Share Proportion Grant Cap Best Management Practices Up to 50%o $2500 Habitat Rehabilitation, Enhancement or Up to 50% $2,500 Protection (REP) Land Conversion Up to 50% $2,500 Well Management Up to 50% $1 ,000 Erosion Control Up to 50% $2,500 Clean Water Diversion Up to 50% $1 ,500 Reforestation Up to 50% $2,500 -Other Up to 50% $2,500 rtClean Water - Healthy Land Ganaraska Financial Assistance Program CONSERVATION A review committee is in place to evaluate the projects and approve funding . Wendy Partner, Municipality of Clarington Councilor, Ward 4; Ganaraska Region Conservation Authority Board Member Faye Langmaid, Municipality of Clarington, Manager of Special Projects Linda Laliberte, Ganaraska Region Conservation Authority CAO/Secretary-Treasurer Mark Peacock, P.Eng., Ganaraska Region Conservation Authority Director of Watershed Services AM Clean Water - Healthy Land G n 2as Financial Assistance Program RVATION Vederatron °1 , r This Ian dGwner has t} 11 Clean Water HealthY Land SOAPoned by, w"i'Cor, i ka ts it AM Clean Water - Healthy Land G r 2as k Fin ancial Assistance Pro ram RVATION "' 2007 to 2012 Program Review Year Funding Landowner Other Monetary Number of Allocated Contribution Funding Value Projects 2007 $19,525 $61 ,709 $13,679 $62,800 11 2008 $16,270 $23,807 $1 ,308 $41 ,030 18 2009 $21 ,820 $57,845 $17,833 $97,500 15 2010 $9,520 $14,807 $35, 170 11 2011 $30,674 $50, 141 $901 + $99,662 20 2012 18,000 $73,250 $19,400 $112,200 12 Total $1159809 $2819560 $539122 $4489362 87 � M An ..Wv, .,.. or 4 Ae . LM` f - y I Clean Water - Healthy Land G ana Financial Assistance Program CONSERVATION 2012 ■ Projects • Two private water well upgrades and two private water well decommission projects • One livestock restriction/stream fencing projects. • Four agricultural projects (eavetroughs, two GPS and no-till drill purchase) . • Two tree planting project for a total of 910 trees planted . • One habitat creation project of a pond/wetland . z r w � u `�. rtClean Water - Healthy Land G anaraska Financial Assistance Program CONSERVATION 2013 Projects To Date • 3 GPS Units • 2 tree planting projects = 675 trees • Orono Park planting • Wilmot Creek planting through Great Lakes Community Guardian Fund '�F Clean Water - Healthy Land G anaraska Financial Assistance Program CONSERVATION Benefits to our natural environment • Allows landowners to engage in active stewardship without heavy financial burden . • Provides technical assistance to allow a project to run smoothly. • Engages residents in the t environment and watershed • -- � _ � ;- planning and management. A"�rpm- Clean Water - Healthy Land G n ask Financial Assistance Program CONSERVATION "' Trees for Rural Roads • A program developed by the Municipality of Clarington in partnership with Ganaraska Region and Central Lake g Ontario Conservation Authorities. �J ° _#. { Goal of planting trees along municipal road allowances on private property to increase the natural heritage and aesthetic value that trees provide and restore the cultural landscape of the area. it �- Clean Water - Healthy Land G �2as Financial Assistance Program RVATIC7N "' C- I= KI Trees for Rural Roads -71 IF " Ganaraska �� °s d 3 j s v c� 4`s e e 3 J = 3 y Trees 2013 Lake Qntano a Trees'.012 2 Kilometres '�F Clean Water - Healthy Land G anaraska Financial Assistance Program CONSERVATION Res u Its . . . . • 712 trees provided to 32 Clarington residents trough the Trees for Rural Roads Program . • Species : Sugar Maple , Red Maple , White Birch , Red and White Oak, White Pine , White Spruce . CAT • First steps to restore tree lined roads in the Municipality. AN* Clean Water - Healthy Land it G anaraska Financial Assistance Program CONSERVATION New TRR Partnership • Maple Leaves Forever • Fund 25% of the cost of native maples that are planted along rural roads . _ rAj MAPLE LEAVES FOREVER I Clean Water - Healthy Land G nr Financial Assistance Program CONSERVATION For more information on the Clean Water-Healthy Land Financial Assistance Program Please Contact G an ara—s ka CONSERVATION Pam Lancaster, Stewardship Technician Ganaraska Region Conservation Authority 2216 County Road 28, P. O. Box 328 Port Hope, ON L1A 3W4 905-885-8173 x 247 plancaster@grca.on .ca www.grca.on .ca