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HomeMy WebLinkAbout06/10/2013l GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: June 10, 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 May 27, 2013 5. PUBLIC MEETINGS No Public Meetings 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final List) No Delegations 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT (a) PSD- 030 -13 Information for New'Home Buyers (b) PSD - 038 -13 An Application to Create a Common Element Condominium and Removal of Holding Symbol Applicant: Port of Newcastle East Lands (c) PSD - 039 -13 Designated Heritage Property Alteration The Walbridge House 483 King Avenue East, Newcastle Applicant: Brian and Audrey Jose 4 -1 8.22 8 -33 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 G. P. &A. Agenda - 2 - June 10, 2013 9. ENGINEERING SERVICES DEPARTMENT (a) EGD- 019 -13 Courtice Road Sidewalks -- Moyse Drive to Nash Road 9 -1 (b) EGD -020 -13 Trudeau Walkway 9 -5 . 10. OPERATIONS DEPARTMENT (a) OPD- 010 -13 Cemetery By -law Amendment 10 -1 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT (a) CSD- 007 -13 Clarington Older Adult Association — Alternate Home 12 -1 (b) CSD - 008 -13 Sale of Hockey Artifacts 12 -26 (c) CSD -009 -13 Schedule of Rates and Fees 2013/14- 2014115 12 -30 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 020 -13 Appointments to Clarington Heritage Committee and 13 -1 Abandoned Cemeteries Board (b) CLD- 021 -13 Naming of the Newcastle Fire Station 13 -6 (c) CLD -022 -13 Regulating the Use of Municipal Boulevards 13 -62 14. CORPORATE SERVICES DEPARTMENT No Reports 15, FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT See Confidential Reports 17. CHIEF ADMINISTRATIVE OFFICE See Report under Unfinished Business Section of Agenda G.P. & A. Agenda - 3 - June 10, 2013 18. UNFINISHED BUSINESS (a) Addendum Integrity Commissioner to CAO -005 -13 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS (a) LGL- 004 -13 Bonnydon Limited Appeals to Ontario Municipal Board Plan of Subdivision and Rezoning Durham Highway 2, Courtice 22. ADJOURNMENT 18 -1 Q dinK the 4Suy General Purpose and Administration Committee Minutes May 27, 2013 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 27, 2013 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner (left the meeting at 11:39 a.m.) Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Deputy Treasurer, L. Gordon Deputy Fire Chief, B. Hesson Director of Operations, F. Horvath Manager Special Projects, F. Langmaid Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Novak declared a pecuniary interest in Addendum to Report COD - 015 -13 regarding the Request for Proposal RFP2013 -4, Architectural Services -- Clarington Fitness Centre Renovation, ANNOUNCEMENTS Councillor Novak announced the following upcoming events: • Flag Raising to celebrate the 50th Anniversary of the John Howard Society on Tuesday, May 28, 2013 between 3:00 p.m. and 4:00 p.m. at the Firehouse Youth Centre. • Public Information Centre on traffic issues in the vicinity of Lydia Trull Public School and Dr. G. J. MacGillivray Public School on Wednesday, May 29, 2013 at Faith United Church. -1- 4 -1 General Purpose and Administration Committee Minutes May 27, 2013 • Canadian Association of Retired People (CARP) Chapter 56 (Whitby Oshawa Clarington) Official Launch on Thursday, May 30, 2013 in Oshawa. • Durham Regional Police Services' Personal and Home Safety Presentation in Clarington on Thursday, May 30, 2013 at 7:00 p.m. at the South Courtice Arena. Councillor Partner announced the following events: • 3rd Annual "In the Face of an Angel" Golf Tournament which was held on Sunday, May 26, 2013 at Cider House Golf was a great success. • Orono's Lisa Roy from "Geek Girl Media" will be speaking at the Clarington Board of Trade's "Ask the Expert" meeting on Wednesday, May 29, 2013 at noon at the Clarington Board of Trade Boardroom. Councillor Trail[ announced the following upcoming events: • Italian guitar virtuoso Andrea Valeri joins local fingerstyle guitarist Bryan Rason for an evening of world class music on Thursday, June 6, 2013 at the Bowmanville High School. • Doors Open Clarington on Saturday, June 8, 2013, with opportunities to visit historical sites in Enniskillen, Hayden and Tyrone. Tyrone will be holding their Annual Spirit Day at the same time at the Tyrone Community Hall. Councillor Woo announced the following upcoming events: • Newcastle Public School Fun Fair, hosted by the Parent Council, to raise money for playground equipment, on Thursday, June 6, 2013 between 5:00 p.m. and 8:00 P.M. • Big Brothers Big Sisters of Clarington's Spring Food & Wine Festival 2013 on Saturday, June 1, 2013 at the Newcastle Community Hall. • Free BBQ, hosted by Appletree Dentistry on Sunday, June 2, 2013 between 11:00 a.m. and 2:00 p,m. at the Newcastle Community Hall parking lot. Councillor Hooper announced the following: • The passing of Arthur Alan Harvey (AI) Strike local lawyer and well respected contributing member of our community. • Kawartha Region Conservation Area has posted videos related to the 2013 Managing Large -Scale Fill Symposium on their website, http : / /www.kawarthaconservation.com /fill/. • Flag Raising to celebrate the 50th Anniversary of the John Howard Society on Tuesday, May 28, 2013 between 3:00 p.m. and 4:00 p.m. at the Firehouse Youth Centre. -2- 4--2 General Purpose and Administration Committee Minutes May 27, 2013 • Rotary Ribfest on Friday, June 7 to Sunday, June 9, 2013 at the Garnet B. Rickard Recreation Complex. Mayor Foster announced the following upcoming events: • Mayor's and Community Leader's Prayer Breakfast on Thursday, May 30, 2013 between 7:30 a.m, and 9:00 a.m. at Trinity United Church. • Blood Donor Clinic on Wednesday, May 29, 2013 at the Garnet B. Rickard Recreation Complex. • E -Waste Recycling Depot on Friday, May 31, 2013 between 3:00 p.m. and 8:00 p.m. at the Bowmanviile High School. • Cousin Courtice's Birthday on Sunday, June 2, 2013 at 1:00 p.m. at the Courtice Flea Market. MINUTES Resolution #GPA- 322 --13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on May 6, 2013, be approved. CARRIED PUBLIC MEETING There were no public meetings held. DELEGATIONS DELEGATION OF JOHN CARR REGARDING MIGRATING GRASS ISSUES Mr. John Carr had previously indicated, to the Municipal Clerk's Department, that he had withdrawn his delegation. PRESENTATIONS There were no presentations. Councillor Woo chaired this portion of the meeting. -3- 4 -3 General Purpose and Administration Committee Minutes May 27, 2013 PLANNING SERVICES DEPARTMENT AN APPLICATION TO CREATE FOUR (4) RESIDENTIAL LOTS ALONG THE WEST SIDE OF HARRY GAY DRIVE APPLICANT: 2055797 ONTARIO INC. Resolution #GPA -323 -13, Moved by Councillor Neal, seconded by Mayor Foster THAT Report PSD- 036 -13 be received; THAT the application to amend the Zoning By -law 84 -63 submitted by 2055979 Ontario Inc. be approved, and that the draft Zoning By -law Amendment, as contained in Attachment 2 to Report PSD - 036 -13 be passed; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -036 -13 and Council's decision; THAT, 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, the By -law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; and THAT all interested parties fisted in Report PSD - 036 -13 and any delegations be advised of Council's decision. CARRIED PROPOSED GENERAL AMENDMENT TO SIGN BYLAW 2009 -123 Resolution #GPA -324 -13 Moved by Councillor Traill, seconded by Councillor Partner THAT Report PSD - 037 -13 be received; THAT the Amendments to the Municipality of Clarington Sign By -law 2009 -123 as per Attachment 3 to Report PSD - 03713 be approved; and THAT all interested parties listed in Report PSD -037 -13 and any delegations be advised of Council's decision. CARRIED 4 -4 General Purpose and Administration Committee Minutes May 27, 2013 Councillor Novak chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT RAILWAY LEVEL CROSSING REVIEW Resolution #GPA -325 -13 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD- 015 -13 be received; THAT, in the interest of public safety, the Municipality, in cooperation with the Canadian Pacific Railway, proceed with applications to Transport Canada under the Grade Crossing Improvement Program for funding of the top 2 priority level crossings being at CP Mile No. 168.55 - Holt Road north of Baseline Road and CP Mile No. 168.22 - Baseline Road west of Holt Road; THAT, in the interest of public safety, the Municipality, in cooperation with the Canadian Pacific Railway, Canadian National Railway and Transport Canada, proceed with the completion of a detailed safety assessments of the level crossings at the CP Mile No. 164.22 (Scugog St.) and the CN Mile No. 287.26 (Cobbledick Road); THAT staff continue to monitor the remaining 9 level crossings and report back to Council at such time that additional improvements to any of the level crossings are recommended for future application to the Grade Crossing Improvement Program for funding; THAT staff develop a maintenance policy for level crossings that address adequate notification by the railway authority and the Municipality of Clarington, provides a minimum standard for restoration of disturbed road approaches and provides a minimum turnaround time for repair of deteriorated level crossing surfaces between the rails; and THAT a copy of Report EGD - 015 -13 and Council's decision be forwarded to the interested parties listed in Report EGD - 01513 as well as Canadian Pacific Railway, Canadian National Railway and Transport Canada. CARRIED -5- 4--5 General Purpose and Administration Committee Minutes May 27, 2013 MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2013 Resolution #GPA - 326 -13 Moved by Councillor Traill, seconded by Mayor Foster THAT Report EGD- 018 -13 be received for information. CARRIED Councillor Partner chaired this portion of the meeting. OPERATIONS DEPARTMENT HIGHWAY #2 FLORAL DISPLAY Resolution #GPA - 327.13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report OPD- 009 -13 be approved; and THAT all interested parties listed in Report OPD- 009 -13 be advised of Council's decision. CARRIED EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Neal chaired this portion of the meeting. Councillor Novak left the meeting at 10:12 a.m. COMMUNITY SERVICES DEPARTMENT JUNE IS RECREATION AND PARKS MONTH Resolution #GPA -328 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report CSD- 006-13 be received; and W. Genera! Purpose and Administration Committee Minutes May 27, 2013 THAT the month of June be proclaimed Recreation and Parks Month in the Municipality of Clarington. CARRIED Councillor Novak returned to the meeting at 10:'13 a.m. REQUEST FOR REPORT — RENAMING SPLASH FACILITY Resolution #GPA -329 -13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Staff be directed to prepare a report regarding the possibility of renaming of the "splash: facility" in memory of Mr. Al Strike. CARRIED Councillor Traill chaired this portion of the meeting. CLERK'S DEPARTMENT APPOINTMENT OF ANIMAL SERVICES OFFICERS Resolution #GPA -330 -13 Moved by Mayor Foster, seconded by Councillor Partner THAT Report CLD -017 -13 be received; THAT the by -law appointing Liane Furman as an Animal Services Officer, attached to Report CLD - 017 -13, be passed; and THAT the by -law appointing Camille Scannell as an Animal Services Officer, attached to Report CLD - 017.13, be passed. CARRIED PUBLIC WEB ACCESS TO COUNCILICOMMITTEE AGENDAS, MINUTES, AND REPORTS Resolution #GPA - 331 -13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report CLD - 018 -13 be received for information. CARRIED 7- 4-7 General Purpose and Administration Committee Minutes May 27, 2013 APPOINTMENT OF PARKING ENFORCEMENT OFFICER Resolution #GPA- 332 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report CLD- 019 -13 be received; and THAT the by -law appointing Ms. Lynnda Bell as a Parking Enforcement Officer, attached to Report CLD -019 -13, be passed, ' CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT BUSINESS CARDS Resolution #GPA- 333 -13 Moved by Councillor Traill, seconded by Councillor Novak THAT Report COD - 016 -13 be received; THAT the current standard template remain in place with the exception for Council Members who may include whatever contact information that Councillor so desires, including: • a personal home /cell phone number; • personal email; • home address, • a personal photo; • social media; • blogs; websites; and • name and title in another language provided the resource is exclusively devoted to the furtherance of that Councillor's Office and duties as a public representative. CARRIED LATER IN THE MEETING (See following motion) 1 • General Purpose and Administration Committee Minutes May 27, 2013 Councillor Novak withdrew from second the foregoing motion. Councillor Neal seconded the foregoing motion and the matter was before Committee for consideration. Resolution #GPA -334 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution. #GPA - 333 -13 be tabled to the General Purpose and Administration Committee meeting of June 10, 2013. MOTION LOST The foregoing Resolution #GPA - 333 -13 was then put to a vote and carried. FINANCE DEPARTMENT ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUND FOR THE YEAR ENDED DECEMBER 31, 2012 Resolution #GPA - 335 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report FND- 009 -13 be received; and THAT a copy of Report FND - 009 -13 be forwarded to the Ministry of Municipal Affairs and Housing. 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. 4 -9 General Purpose and Administration Committee Minutes May 27, 2013 REQUEST FOR A REPORT — "VALUE FOR SERVICE" AUDIT Resolution #GPA- 336 -13 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be directed to prepare a report to the General Purpose and Administration Committee before summer recess on how a "Value Added Service" audit can be performed with a view to questioning if certain services can be subcontracted. CARRIED UNFINISHED BUSINESS REQUEST FOR PROPOSAL RFP2013 -4, ARCHITECTURAL SERVICES — CLARINGTON FITNESS CENTRE RENOVATIONS Councillor Novak declared a pecuniary interested in Addendum to Report COD - 015 -13 as she has a family member who works for one of the companies noted in the Report. Councillor Novak left the room and refrained from discussion and voting on this matter. Resolution #GPA- 337 -13 Moved by Councillor Woo, seconded by Councillor Traill THAT Report COD - 015-13 be received; THAT Addendum #1 to Report COD - 015 -13 be received; 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; and 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 Community Services Department Capital Account #110 -42 -421 -- 84203- 7401. CARRIED LATER IN THE MEETING (See following motion) -10- 4--10 General Purpose and Administration Committee Minutes May 27, 2013 Resolution #GPA -338 -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 matter of the foregoing Resolution #GPA -337 -13 a second time. CARRIED The foregoing Resolution #GPA -- 337 -13 was then put to a vote and carried. Councillor Novak returned to the meeting at 11:35 a.m. Councillor Partner left the meeting at 11:39 a.m. OTHER BUSINESS There were no items to be considered under this section of the Agenda. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA- 339 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting adjourn at 11:40 a.m. CARRIED MAYOR - 11 - DEPUTY CLERK 4 -11 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -law #: Report #: PSD - 030 -13 File#: PLN 7.6 Subject: INFORMATION FOR NEW HOME BUYERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD -030 -13 be received; 2. THAT the revised New Home Sales f=acilities Policy (Attachment 2) be approved; and 3. THAT all interested parties listed in Report PSD - 03013 and any delegations be advised of Council's decision. Submitted by: CSICPldf 4 June 2013 /2 � David . Crome, MCIP, RPP Director of Planning Services Reviewed by. Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CL.ARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 REPORT NO.: PSD- 030-13 1. BACKGROUND 1.1 On June 25 2012, the General Purpose and Committee received Report PSD- 034 -012 recommending that the Ontario Municipal Board approve applications for Official Plan Amendment; Draft Plans of Subdivision and rezoning submitted by Smooth Run Developments and Brookfield Homes for development in North Newcastle Village Neighbourhood. In addition to the various resolutions related to the development applications Committee added the following the resolution: "THAT the developer or sales agent must provide all potential home purchasers a printed notice, separate from purchase and sales agreements, of the train whistle information and related noise they will expect to hear, including proximity to the train tracks and the timing of train whistles." 1.2 At the subsequent Council Meeting, the following resolution was passed: "THAT staff be directed to report on information to be disclosed by developers to new homebuyers specifically relating to potential impacts of other land uses within the area such as train whistles and location of zoos." 1.3 Staff have taken this opportunity to review the role of the Municipality in ensuring accurate information is provided to potential home purchasers /homeowners at the time of their purchase. This report is to advise Council of the current requirements imposed on developers to disclose information to new home purchasers, to discuss some challenges in the enforcement of these requirements and to recommend changes to improve current policies and procedures. 1.4 An important consideration in this topic is the extent of the Municipality's role in consumer protection. The federal government has the primary role in consumer protection with legislation in force through the Competition Bureau of Canada, for false or misleading marketing practices. There is the Tarion Warranty Corporation, the building industry organization designated to operate the Ontario New Home Warranties Plan Act. Real estate professionals and lawyers have a role in protecting purchasers and they too have governing bodies. 1.5 The Municipality is not responsible for ensuring all the information is provided to a new home purchaser nor does have the authority or resources to regulate the various parties involved. The Municipality's involvement should be limited to public education regarding the arrangements with the developers, who actually enter into a subdivision agreement with the Municipality, These education measures avoid future misunderstandings that become the Municipality's problem after the purchaser takes possession of the home. EM REPORT NO.: PSD- 030 -13 PAGE 3 2. CURRENT REQUIREMENTS TO DISCLOSE INFORMATION TO NEW HOME BUYERS 2.1 There are two ways in which the Municipality requires developers /builders to disclose certain information to new homebuyers. They are: Warning clauses and notices in Agreements of Purchase and Sale; and Marketing and Display Material in Sales Facilities. 2.2 Warning Clauses and Notices 2.2.1 Warning clauses in Agreements of Purchase and Sale are utilized to advise potential purchasers of a condition or conditions which may affect the daily enjoyment and /or activities in and around their dwellings. They can be specific to a lot or can be used to advise the potential purchaser of a broader impact. 2.2.2 Warning clauses may be imposed by the Municipality of Clarington or at the request of an external agency, such as the Region of Durham or the public or separate school board at the time of draft approval of a plan of subdivision or site plan. The warning clauses typically are used where applicable for issues identified through the review of the draft plan and added into the conditions of Draft Approval, Those issues are noted below: Noise, odour and other impacts from a farming operation or a zoo; Train whistles; ® Grading conditions and retaining walls; Noise and /or vibration which may exceed the Ministry of Environment sound level criteria and require mitigation; and ® School site which may not be built upon for several years, if at all, depending on available funding from Ministry of Education. Additional warning clauses may be added once the details of the subdivision unfold through the review of the engineering drawings. A list of the most commonly used warning clauses is shown on Attachment 1. 2.2.3 In addition, the standard subdivision agreement contains Notices applicable to the entire subdivision that the developer /builder is required to include in an Agreement of Purchase and Sale, these often include: • On- street parking provisions of the Municipality of Clarington Traffic By -law. • Type of mail service and location of mail boxes; • Gate Access to Municipal Open Space; and • Potential location and maintenance of any fencing installed by the developer. 2.2.4 The warning clauses and notices are incorporated into the subdivision /site plan agreement between the Municipality of Clarington and a developer. The agreement is registered on title for each lot and block within the phase that is being registered. The REPORT" NO.: PSD- 030 -13 PAG E 4 agreement requires the developer to add the relevant warning clauses and notices in the Agreement of Purchase and Sale for each lot or unit. 2.3 Marketing and Display Material in Sales Facilities 2.3.1 In October 2001, Council expressed concerns with the accuracy of information being provided by developers and builders to potential purchasers. In response, staff prepared and Council approved a "New Home Sales Facilities" policy. The policy requires the developer /builder to provide certain information to the new home purchaser about the subdivision itself and the surrounding existing and future land uses. In the sales office, the following is to be provided: i) A Land Use Plan of the approved plan of subdivision with information correctly identifying future surrounding land uses in conformity with the Clarington Official Plan and Zoning By -law, and the engineering facilities (sidewalks, community mail boxes, park fencing etc.) in accordance with the approved Engineering — General Plan;. ii) The Engineering — General Plan as approved by the Director of Engineering Services; and iii) A poster from the Municipality regarding municipal contacts for enquiries from potential home purchasers. In addition, the policy requires Staff to inspect the sales office once annually to ensure the above noted information is adequately displayed. 2.3.2 In addition to the policy, the standard subdivision agreement requires the developer to erect a sign on the subject site that displays a plan of the development that illustrates all roads, lots or blocks within the Plan of Subdivision. This plan shall identify the future housing types and distribution of each type, the location of parks, open space blocks, schools or commercial blocks proposed on lands as well as all future uses of lands which abut the property as identified in the Municipality's Official Plan and/or approved draft plans in the vicinity. 2.3.3 Although currently not in the policy, Staff have been requesting the developer to provide a copy of the marketing material, particularly for larger developments with multiple phases to determine if the information provided about the subdivision and surrounding land uses are clearly and correctly depicted and displayed. Staff do not comment on marketing themes, pictures and graphics unless they are misleading. 3. CHALLENGES 3.1 Ensuring that a new home buyer is fully informed about the purchase of a new home is challenging. Some of those challenges are: HIM REPORT NO.: PSD -030 -1 3 ® Timing of Sale PAGE 5 The Planning Act allows a developer /builder to offer homes for sale once draft approval is issued. This is common practice since sales are used to test the market for a housing product and generate funds for the project prior to final approval and registration of the plan. The marketing program is often advanced far ahead of any subdivision agreement with the Municipality which means Staff do not always have an opportunity to review the marketing material to determine if the land use map adequately depicts surrounding land uses or prepare the warning clauses and notices in the agreement which should then be placed in the Agreements of Purchase and Sale prior to a developer commencing their marketing. e Dissemination of information between the developer and sales agents The subdivision agreement is between the developer and the Municipality. The developer, however, may sell lots to a builder, which staff may not be aware of until building permits are submitted to the Municipality by the builder. The builder may have purchased the lots in advance of the subdivision agreement being negotiated between the developer and the Municipality or may not be familiar with the requirements of the subdivision agreement and launch their own marketing program without being aware of the requirements to post a Land Use Plan or about warning clauses. Sales agents, although licensed by the Ontario Real Estate Council, may not be as well versed in details of the subdivision agreement as the developer and may not provide fulsome or detailed information. Print and Social Media Builders have traditionally used print media (i.e. This Week, Toronto Star or Globe and Mail) or radio to advertise their homes. In addition, flyers are distributed door -to- door or inserted in the newspaper. Now, websites and social media are increasingly used to market new homes. Monitoring all of these advertising is virtually impossible. Informing buyers of resale homes Warning clauses and notices in Agreements of Purchase and Sale only benefits the buyer of a new home in a subdivision, since in most circumstances the subdivision is not built at the time of purchase which means the purchaser buys based on the information provided by'the sales agent and printed material. However, informing the resale buyer of warning clauses and notices becomes more difficult, because although subdivision /site plan agreements are registered on title, the Solicitor acting on behalf a purchaser may not fully read the subdivision agreement, and advise his/her client of any concerns. REPORT NO.: PSD- 030 -13 e Multiple Points of Sale and Reuse of Sales Pavilions Typically, sales pavilions require site plan approval. This is an opportunity for staff to review their marketing material. It is difficult to monitor sales pavilions due to a variety of factors: ® Sales offices can be re -used by various developer /builders. Once a sales office receives site plan approval and is established, it then can be vacated by one builder and re -used by others without the need for site plan approval or a building permit. In this instance, staff are not aware that a new builder is marketing from an existing facility and therefore the marketing material may not be provided to staff. • Many developers have multiple projects, sometimes in different municipalities. Thus a sales pavilion may be at the site of the subdivision but increasingly they could be off -site. Homes could be sold out of a sales pavilion in Oshawa, for example, even if there is a sales pavilion in Clarington. Lots may be purchased by a small custom home builder who does not sell from a sales office therefore a land use plan may not be provided to purchaser. Given the workload, it is difficult for staff to monitor the information provided in sales pavilions. This is seen as a lesser priority than moving an approved draft plan through to final approval or dealing with new applications. 4. REVIEW OF MUNICIPAL BEST PRACTICES 4.1 In staff's review of our current policies and procedures, staff reviewed the practices across some other GTA municipalities. A summary of the information gathered is contained in Table 1. Table 'I Summary of Practices in Other Municipalities Municipality Policy and/or Procedure City of Oshawa The City provides the developer with two Exhibits. They form schedules to Agreements of Purchase and Sale. The schedules show the Official Plan designation and zoning of all lands within 120 metres of the Draft Plan. ® The exhibits are displayed in a visible location. in the sales office. ® Staff do not inspect sales offices. Town of Whitby In the sales office: ® Map of Zoning By -law and Official Plan designations for the area 120 feet from the Plan of Subdivision. W. REPORT NO.: PSD- 030-13 PAG E 7 Municipality Policy and/or Procedure ® Map showing location Of public parks and walkways within the Plan of Subdivision. ® Map showing the location of all sidewalks, above ground utilities and fencing. ® A display poster indicating municipal contact information as follows: ® Engineering design, lot grading, utility coordination; Approved land uses, zoning, official plan designations; ® Location and design of parks; ® Location and information of existing or proposed schools; and e Staff do not inspect sales offices. Town of Milton ® Developer /builder is required to provide a copy of Agreements of Purchase and Sale to staff for review to ensure the warning clauses and notices have been added. ® Staff do not inspect sales offices. City of Vaughan . The Owner is required to post a community or block plan in the sales offices, which is approved by the Planning Department. The plan shows the proposed development in the context of the broader community. ® Staff does inspect the sales office. City of Burlington . Staff do not review the marketing material. • Staff do not inspect sales offices. Clarington's policy and procedures are similar in many ways to other GTA municipalities and, in fact, are more fulsome than many. However, some changes are recommended. These are reviewed in Section 5. 5. PROPOSED CHANGES 5.1 The two requirements identified in Section 2 of this report are somewhat effective in ensuring that first time purchasers are informed about the home they intend to purchase and the surrounding area. In response to the Council resolution, the policies and procedures have been reviewed and some changes are recommended. These are discussed below. 5.2 New Schedules to Purchase and Salk. Agreements Subdivision and site plan agreements are legally binding agreements between the Municipality and the developer. The agreement requires the developer to include warning clauses and notices in Agreements of Purchase and Sale. This ensures that there is disclosure of any adverse conditions or nuisances that may affect a new home buyer. REPORT NO.: PSD -030 -13 PAGE 8 Once registered on title, the developer /builder and sales agents should review all aspects with respect to an Agreement of Purchase and Sale with a new homebuyer. Being registered on title provides opportunity for the resale purchasers, to do their due diligence prior to buying. Homebuyers have a responsibility to review the registered agreement, understand it and be comfortable with it and any conditions including warning clauses prior to finalizing a purchase. Proposed Changes ® As part of our customer service initiative arising from the Developers Roundtable, the Municipal Solicitor and staff have been working to simplify the wording of subdivision and site plan agreements. The revised format will reposition the warning clauses and notices from the body of the agreement and place them on separate schedules to the agreement. This proposed change will make them easier to locate and ensure all the warning clauses /notices are in one place. The developer can simply attach the schedules from the subdivision agreement to the Agreements of Purchase and Sale. The second proposed change is to require the developer /builder to attach to all Purchase and Sale Agreements attach an exhibit, prepared by the Municipality, that shows the long term land use from the Municipality's Official Plan or a Secondary Plan. This plan will show the Official Plan designation of all lands within 500 metres of the approved draft plan. Staff will now require the developer/builder to provide staff with the standard Agreement of Purchase and Sale for review to ensure all warning clauses, notices and the exhibit are attached prior to issuance of the first building permit. 5.3 Consumer Information Guide Website In an effort to assist new homebuyers in making an informed decision when buying a new home, Staff prepared a guide entitled Buying a Nome in Clarington. A Guide to what you should know and ask. The guide is intended to help new homebuyers identify what they should Know before buying a new home in Clarington and help them make an informed decision. The Guide has been posted on the Municipality's website. A hard copy is shown on Attachment 3. Staff are planning to use the context of "Buying a New Home In Clarington" as a basis for periodic social media messages issued on the Municipality's Facebook page. 5.4 Revisions to the New Home Sales Facility Polk Information in the Sales Office The policy will continue to require the sales office to include a Land Use Plan that accurately shows information about that development and surrounding uses, however, the requirement to post the Engineering General Plan and a poster about contact information at the Municipality for more information on various aspects of the development are removed. PAGE 9 The requirement to display the Engineering Drawings has been removed for two reasons, the drawings are rarely displayed since they are very technical in nature appearance are difficult to read and do not fit in with the marketing theme, and secondly they may be difficult to interpret to the untrained individual and therefore the information on the drawings may be misinterpreted. The policy will now require the contact information to be displayed on the Land Use Plan. Enforcement The current policy states that staff may withhold building permits or the release of occupancy deposits unless the marketing material is submitted. Under the provisions of the revised Ontario Building Code (OBC), the Chief Building Official must issue building permits where all applicable law has been met. Prior to 2007 the term "applicable law" was not defined, Changes to the Building Code now state that applicable law includes the execution of-an agreement, however, the terms or conditions therein are not considered applicable law. A subdivision agreement is not applicable law according to the Ontario Building Code. Therefore, a building permit must be issued if the permit is complete and complies with applicable law, specifically zoning. As such, the ability to withhold building permits in keeping with the policy is not enforceable. Inspection of Sales Pavilions Although time consuming, Staff will continue to inspect sales offices to ensure the Land Use Plan js posted. 5.5 Community Events Municipal staff could take a more proactive approach with housing consumers by attending certain community events, such as a booth at the 2014 Clarington Home and Garden Show. The event is focused on home improvements, some of which may require either permits for alterations to the site or building. Staff could explore attending this event, on a trial basis to determine if this is an effective way of reaching out to the new homebuyer or homeowner. Funds would have to be incorporated into the 2014 budget. 6. CONCURRENCE - The Director of Engineering Services and the Municipal Solicitor concur with the recommendations contained in this report. 7. CONCLUSIONS 7.1 Purchasing a home is one of the most significant financial decisions people will make. Due diligence prior to making such a decision is important. It is ultimately up to the consumer to undertake the appropriate research. Monitoring business practices is not a M. REPORT NO.: PSD -030-1 3 municipal function and it is staff's opinion that role of the Municipality in protecting the consumer should be limited. 7.2 Reviewing marketing materials and inspecting sales offices are time consuming relative to effectiveness. Whereas including warning clauses /notices in subdivision agreements and ensuring that they are included in the Agreements of Purchase and Sale help to notify the new home buyer of various aspects of the home or neighbourhood. This is a more practical role for the municipality. The resale buyer should be aware of what they are buying by inspecting the home and exploring their neighbourhood prior to purchasing a resale home. 7.3 There are other mechanisms that homeowners can take action on if they have concerns about information provided to them by the developer /builder and their agents, such as seeking action through the title insurer, Tarion for home warranty issues, the Competition Bureau of Canada for false or misleading representations or through the Real Estate Council of Ontario or with respect to the Law Society of Upper Canada for failure to adequately inform their client of warning clauses and notices. 7.4 Staff in the Planning Services and Engineering Services Department are more than willing to answer questions and provide information to potential purchasers, whether at the counter, on the phone or by email. In addition, the new home buying guide will provide questions and answers that purchasers may not have considered, but could impact the enjoyment of their home. 7.5 It is respectfully recommended that the revised Policy in Attachment 2 be APPROVED. CONFORMITY WITH STRATEGIC PLAN -- Not applicable Staff Contact: Cynthia Strike, Principal Planner Attachments: Attachment I - Warning Clauses /Notices Attachment 2 - Amendment to New Home Sales Facility Policy Attachment 3 - Information for Home Buyers List of interested parties to be notified of Council's decision: BILD -- Building Industry and Land Development Association WE Attachment 9 To Report PSD -030 -1 3 Common Warning Clauses found Subdivision or Site Plan_ Agreements The following warning clauses may found in Agreements of Purchase and Sales. They may be general warning clauses are specific to a dwelling unit/lot. 1. 2 General Warninq Clauses "Purchasers and/or tenants are notified that there are existing farm operations nearby and they will not object, complain or seek legal action against nuisances such as noise, odour, dust or illumination resulting from normal farming practices" ® "Purchasers and /or tenants are notified that despite measures to attenuate noise caused by the adjacent railway, whistling from oncoming trains may be heard on a regular basis. Train whistling protocol is regulated and enforced by Transport Canada" ® "Due to the proximity of this plan to the Bowmanvilie Zoo, purchasers should be aware that noises and odours made by the animals may interfere with some activities of the dwelling occupants and they shall not object, complain or seek legal action against such nuisances." ® "The Purchaser acknowledges that the lot and /or block shall be graded by the purchaser's builder in accordance with plans approved by the Municipality of Clarington and that issues regarding quality of workmanship should be directed to the purchaser's builder. Such lot and /or block grading may be required to accommodate drainage from surrounding lands and may include swales, slopes, retaining walls and where applicable sewers and catchbasins on easements. In order to accommodate existing constraints such as existing topography, existing physical features on adjacent lands the final grading design may vary from the Municipality's guidelines as determined appropriate by the Director of Engineering Services. The purchaser should be aware that these measures may limit the use of certain areas of their property and must satisfy themselves with respect to the final grading of their lot and /or block." "Purchasers and /or tenants of lots or units are advised that parkland may not be fully developed at the time of occupancy. The timing of parkland development and the programming of parkland are at the discretion of the Municipality. ". Typical Warning Clauses for Homes specifically identied in a Noise Report . Lot X, as shown on Drawing No. Project No , now identified as Lot X on the draft 40M -Plan: 8 -11 "Purchasers are advised that despite the inclusion of noise abatement features within the development area, sound levels from road traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the sound level will exceed the .Ministry of Environment's noise criteria." "This dwelling unit was fitted with a central air conditioner to allow the windows and exterior doors to remain closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with the noise criteria of MOE Publication NPC -216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property.)" "An acoustical barrier (fence) has been /will be constructed on this lot to help reduce outdoor noise levels in the rear yard. This fence is not to be tampered with or removed by the homeowner." 3. Warning Clauses from School Boards "Purchasers and/or tenants are advised that while an elementary school site /secondary school site has been reserved within the approved draft plan of subdivision for the District School Board School that it - may not be constructed and used as an Elementary School site /secondary school site. All potential purchasers are further advised that an existing District School Board will be used to accommodate all public /separate elementary pupils until such time as any new Elementary School /Secondary School can be constructed within the draft plan. If a new Elementary School is not constructed within the approved draft plan, pupils will be accommodated at an existing elementary /secondary school. 4. Warning Clauses from Canadian Pacific /National Railway "Purchasers and tenants are warned of the existing of Canadian Pacific Railway's operated right -of -way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its facilities and /or operations." "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent Canadian Pacific Railway may occasionally interfere with some activities of the dwelling occupants." "Purchasers and tenants are notified that the berm, fencing and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for and shall maintain these measures to the satisfaction of Canadian Pacific Railway." 8 -13 SUBSECTION: SUBDIVISIONS PSD- SUB001 APPROVED BY: Council IWIN' • Attachment 2 To Report PSD -030 -13 SUBJECT: NEW HOME SALES FACILITIES DATE APPROVED/ UPDATED: May 31, 2013 To ensure that accurate information is provided to new homebuyers in new home sales facilities with regard to future land uses and that warning clauses /notices are provided in Agreements of Purchase and Sale, POLICY: 1. NEW HOME SALES FACILITIES shall include sales trailers, pavilions, model homes and offices used for the purpose of selling new homes within a plan of subdivision. DEVELOPER shall mean the party which has executed a subdivision /site plan agreement with the Municipality or is the development company which is the successor in title to that Agreement. BUILDER shall mean any party which has purchased lots from the developer for the purpose of constructing and selling homes. LAND USE PLAN shall mean a plan prepared by the Planning Services Department and provided to the Developer /Builder of the approved draft plan of subdivision or approved site plan with information that correctly identifies the future surrounding land uses in conform with the then current consolidation of the Clarington Official Plan and Zoning By -law and the engineered facilities (sidewalks, community mail boxes, parks, etc.) in accordance with the approved Engineering - General Plan. EXHIBIT shall mean a map from the Clarington Official Plan which shows the long term approved land uses with 500 metres of the subject site. 2. All new home sales facilities require site plan approval. 3. The Developer /Builder shall: i) Upon the issuance of Draft Approval from the Director of Planning Services, erect and maintain a sign on the Development Site and in the Sales Office which shows a Land Use Plan and contact information, as approved by the Director of Planning Services; and MUNICIPALITY OF CLARINGTON 1:IAdminis1rationlREP0RTS12013 Reports\June 40.13 GPA.doc1PSD- 030 -13 - Attachment 2.doc M, PLANNING SERVICES DEPARTMENT SUBSECTION: SUBDIVISIONS SUBJECT: NEW HOME SALES FACILITIES PSD- SUB001 APPROVED BY: Council DATE APPROVED/ UPDATED: May 31, 2013 ii) Add an Exhibit to the Agreements of Purchase and Sale. iii) The developer shall submit the standard Agreement of Purchase and Sale to Staff which includes the warning clauses /notices and the Exhibit prior to the issuance of the first building permit. 14. Any marketing material shall include the approved Land Use Plan. a; Municipal staff shall inspect new home sales facilities at least once annually to ensure that all material is correctly displayed and conforms with municipal'approvals. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT kkAdministrationlREPORTM2013 ReportsWune 10 -13 GPA.doc1P5R- 430.13 Attachment 2.doo 8 -18 E14MMT2'. Attachment 3 To Report PSD- 030 -13 ! This brochure is intended to help you identify what you should know before you buy anew home in Clarington and help you make an informed decision. The information provided here may also be a benefit to you if you are purchasing a resale home in Clarington. It Is Important for you to get answers to the questions below, before you purchase a newhome. The following pages will provide you with more detailed information on why these questions are important. About Your Neighbourhood About Your Street About Your Lot About Your Community • Where are the nearest schools? • Will the "future school" shown on the neighbourhood plan actually be built? • Will my children be bused to school? • What are the local transit services? • What is planned for the empty field behind my lot? • What other development is planned /proposed nearby? • Will there be a park nearby? • What is the purpose of the nearby Stormwater Management Pond? • Is my subdivision assumed and what does this mean? • Will I have a sidewalk on my side of the street? • When will the roads and sidewalks be completed? • Will there be much mud and dust and if so, for how long? • Will there be utility boxes in my front yard? • Is there on- street parking and what are the speed limits? • When is garbage day? • Where will mail be picked up? • Is a paved driveway • How does development included with my new happen in my community? house? • Where are the fire • What can I build on my i stations? property? f . Who maintains the roads, • Will my lot be fenced? bridges and sidewalks? • What are the What do I need to know requirements for garages, ''f about being a responsible driveways and parking pet owner in Clarington? spaces? j • What recreational • When will my lot be activities are in my sodded? jj community? • What noise sources should I be aware of? ;I • What do I need to know :I about grading and drainage on my property? l l Read your Purchase and Sale Agreement[ Your Purchase and Sale Agreement is a legal document and before you sign it you should take time to review the details carefully with your lawyer including any warning clauses and notices attached to the Agreement I If you are paying a premium for your lot, ask your builder or a representative from the new home sales office for details j on what will be provided for the premium and ensure the premium is clearly defined in your Purchase and Sale Agreement. Prepared by the Planning Services Department March 2013 Page 1 8 -16 �z About Your Neighbourhood... .Schools Facilities Schools on designated sites in your neighbourhood are not guaranteed. Although the Municipality of Clarington approves future school sites in conjunction with the school boards, the respective school board decides unilaterally whether a school will be built or not. If the school board chooses not to proceed with building a school, the property may be sold and used for other purposes. Attendance at schools in the areas that still have to be constructed is also not guaranteed. Students may be accommodated in temporary facilities or directed to schools outside of the area. For information on bussing and a listing of existing schools and those planned in the near future you should contact the applicable school board: Kawartha Pine Ridge ©istLct Public School Board OR Peterborough Victoria Northumberland —ar d Clarington Catholic District Sch"AJ3D -ard If you purchase a lot near a school site please note that temporary facilities such as portables for extra students may be located on the school property close to your house and some school areas may be lit at night. You will also notice increased traffic during morning drop -off and afternoon pick -up times. Your school may be serviced by a Crossing Guard. The placing of Crossing Guards is determined using the method developed by the Institute of Transportation of Engineers expressed in percentage of the studied time where school children will experience delay or difficulty in crossing a street. Clarington adopted 50% as the threshold for the introduction of an Adult School Crossing Guard. ■ Roads to and from your horno The type of road that your house is on will determine the amount and type of traffic you can expect. For information on roads please contact our Engineering Services Department or email them at engineerinq@clarington.net. ■ Public Transit Public Transit is managed by the Regional Municipality of Durham. For information on transit routes in Clarington, fares, specialized transit and rider information visit http:// www. durhamregiontr ansit,com/maosLpages/ Clarinaton.asnx ■ Prepared by the Planning Services Department March 2013 What is planned for the Undeveloped Land aroundyour Home . A wide variety of uses may be planned for vacant land in your neighbourhood, such as apartment buildings, institutional facilities, stores, offices or industrial buildings. In addition, applications to change land uses can be made at any time. If you are interested in what might be developed in your neighbourhood, please speak with a Planner at the Planning Services Department. You can contact the Planning Services Department by visiting the Municipal Administrative Centre (MAC), 3`d Floor Planning Counter, by phone at 906- 623 -3379 or via email at lap nning(Oclarington.net ■ Parks and Open Spaces Parks Parkland in the area where you are hoping to buy a home may not be fully designed at the time your Purchase and Sale Agreement is signed and may not be fully built until several years after you move in. Neighbourhood parks are intended for neighbourhoods while community parks will usually contain lighted sports fields and serve a number of neighbourhoods. District parks serve the entire municipality. Parks may contain a variety of active and passive recreational uses such as soccer, softball, basketball play areas, water features and possibly a parking lot. Open Spaces If your lot is next to a woodlot, trail, hydro /gas corridor, stormwater management pond, buffer or stream, please recognize that these are public spaces and there may be pedestrian and /or cycling traffic through the areas. Some of these areas may have lighting installed. Although these lands may be directly behind or beside your lot, these areas may not be used for individual sheds or play equipment. Page 2 8 -1l ,S •S I t €-.A About Your Neighbourhood ... Continued BecaUS@ these areas are intended to be maintained in a natural state, grass and weed cutting will not occur. Please respect their environmental significance. If you have a fence that was installed by a developer that separates your lot from a municipal open space area or park, the fence is located entirely on municipal property and you are not allowed to install a gate in the fence or alter the fence in anyway. To learn more about parks and open spaces in your neighbourhood contact the Engineering Services Department at en- gineein°Pclarington.net. ■ S°ubdUsion Agreement A Subdivision Agreement is a registered document clearly defining the developer's obligations to the Municipality of Clarington' for the construction of roads, sewers, watermains, parks, open spaces, and other services in your Subdivision, and may contain warning clauses and special conditions or requirements that may affect your lot. Your lawyer should review the agreement with you prior to finalizing the purchase of your home. ■ Assumption of Subdivisions Your developer is responsible for the maintenance of all municipal services that were constructed from the commencement of the subdivision construction to the date the subdivision is assumed by the Municipality. ■ About Your Street... Prior to the Municipality assuming the subdivision, the developer will request a final inspection of all public services and will correct all deficiencies to the Municipality's satisfaction. Once the maintenance period has expired the developer may request assumption of the subdivision. Clarington Council then approves the assumption of the subdivision and the associated municipal services. ■ If your street has sidewalks it is the homeowner's responsibility to remove snow and ice for any sidewalk abutting their lot. Call or visit the Engineering Services Department ( Engine- er_inciPclarington.net) with your street name and lot number and they will be able to advise whether or not sidewalks are planned for your side of the street and their location. ■ Utilleles and Services The subdivision developer arranges for the provision and installation of underground electrical, gas supply, cable television, telephone, and mail distribution systems with the local utilities. The Engineering Services Department can advise you of the proposed locations for utility boxes, hydro vaults and super mail boxes. Homeowners should contact Canada Post with respect to super mail box assignment and obtaining keys. ■ Parking Before you purchase your home ensure that there will be ample parking for your personal vehicles keeping in mind that in Clarington vehicles cannot be left on the street for more than 3 hrs., cannot park on the street from 3:00 am to 5:00 am and may not interfere with snow removal. If your vehicle must be parked on the street for more than 24 hrs., you must obtain an Om_Str-eetT-aLkLn-g_P_ermit. Contact the Municipal Law Enforcement Division for more information at bylawenforcement @clarington net A Speed Limits All roads within the Municipality of Clarington have a 50 kph speed limit unless otherwise posted. ■ Prepared by the Planning Services Department March 2013 Page 3 8--18 �I 71 Water, waste, composting and recyclh, q The Regional Municipality of Durham is responsible for municipal water and sanitary sewers as well as waste and recycling. Information on waste and recycling collection can be found at Region of _13-ush-ar_n7 Works - Wasbe MsanA.gement. For information on water billing, hydrants or water quality visit the RegLo_n_of Durham_ ---W— rks - Water_. In Clarington, there is a 4 garbage bag limit that can be placed on the curb at any one time. If you find you have extra trash due to your move or at any time you can buy Garbage bag tags from: • Municipal Administrative Centre • Garnet B. Rickard Recreation Complex • South Courtice Arena • Courtice Community Complex • Newcastle & District Recreation Complex • Clarington Fitness Centre ■ Paved Driveways Check your Purchase and Sale Agreement to see if complete driveway paving is included with your purchase. If not, the responsibility is yours. As there are underground services that may settle with time, it is advised that you not pave for at least a year or two after your house is built. The Municipality ensures the portion within the Municipality's road allowance is paved by the builder. Driveway widths are approved by the Municipality at the Building Permit stage, and may not be altered. ■ What can I build on my property? Additions, sheds, pools, gazebos, garages or play equipment: Any structure you add to your property must comply with the Zoning By -law and meet the Ontario Building Code. The size, type and location of your structure is regulated by the Zoning By -law and can vary between urban and rural properties. More detailed information can be found in our "&cessory Buildings and_Stwctures" brochure. We urge you to visit the Municipal Administrative Centre to speak directly to both Planning Services and the Building Division before constructing or submitting a building permit application. ■ Prepared by the Planning Services Department March 2013 About Your lot... Fences Before you build a fence, you should know that there are maximum fence height requirements for both the back and front yard of your property. The type of fence can vary depending on your neighbouring property type; if it is a neighbouring house then talk to your neighbour about sharing the cost of the fence. In some instances your developer and builder may have /or will be installing a required fence as a condition within the Subdivision Agreement. Some of these fences may not be altered, and will be set out in a Warning Clause within your Agreement of Purchase and Sale. Please read our "Put ing Up A Fence" brochure for more details when you plan to install a fence. If you are intending on installing a swimming pool in the future, ask the Building Division staff for details on the required fences around a pool. To review the Municipality's Pool Enclosure By -law, contact the Clerks Department at clerks0clarington.net. ■ Garages, Driveways and Parking Spaces Plan ahead for garage space according to the type of vehicles you drive. The minimum standards for garage sizes may not fit some of the larger trucks or sport utility vehicles. The Zo ing_By4aw requires a minimum of one or two outdoor parking spaces for your residence dependent on your lot width. Please contact the Planning Services Department prior to making any changes to your driveway or adding hard landscaping to your property. ■ landscaping The developer is responsible for sodding all urban lots and either sodding or seeding all rural areas. Street trees will be planted on the road allowance. Private home owners may not plant anything in the boulevard. Please contact the Municipality if the street tree dies and needs replacement. Screen planting and fencing will be provided by the developer between residential uses and other uses. If your home abuts a walkway, school, park or open space, the fencing provided may be chain link. ■ Page 4 8 -19 Nolse Sources and Warnings Residenits who are new to Clarington should be aware that for reasons of safety, train whistling occurs municipally -wide. Purchasers who are new to the area may wish to consider this factor when deciding on the location of their new home. If your new home is located on a road which carries large volumes of cars and trucks, you may also experience noise from traffic. All Builder /Homeowner Purchase and Sale Agreements include purchaser warning clauses, where necessary, to alert new homeowners of potential issues regarding their subdivision (noise, odour, tree preservation, fences, etc.). These warning clauses should be carefully reviewed with your solicitor. ■ Indivlduallot DraNage /Gr dA7_q Your lot will be graded by your builder to comply with the Municipal standards. If your lot contains a drainage swale (ditch) you must not fill it in or change it in any way as this affects the drainage of your lot as well as that of neighbouring properties. }1 r�. If your lot has a rear catchbasin (to collect surface drainage and transfer it to the local storm sewer) then the Municipality has an easement over your property to allow for access to this area for future maintenance; as such you must not build on this easement A rear yard catch basin keeps water away from your house and distributes water and drainage patterns around your neighbourhood. Prepared by the Planning Services Department March 2013 8 -20 At the time of your house purchase (if your home is purchased new), you may pay a grading deposit to the builder to ensure that you do not adversely affect or alter the grading of your lot prior to assumption of the subdivision by the Municipality. Homeowners should check their Purchase and Sale Agreement as to when the builder will return the deposit. The builder is legally responsible to refund the deposit to the new homeowner as per the agreement. Building Permits for decks and pool enclosures may not be issued until the lot grading is certified by the developer's Professional Engineer. ■ About Your Community... How does development happen in your community? The Planning Services Department establishes planning policy which provides a framework for the growth and development of the municipality. The OfficfAILP-Lan is the main policy document which determines the overall land use patterns and describes what is considered to be good planning for the community. The Official Plan establishes the general locations of parks, schools, houses, apartments, stores, offices and industrial uses. All new development including subdivisions and changes in land use (rezoning) must conform to the policy direction established in the Official Plan. The main principles guiding development in the community are established long before specific applications for the development of your neighbourhood have been submitted. ■ How can you participate? The Official Plan is reviewed every five years to ensure that it continues to reflect the growth and development objectives of the community as well as those of the province and the region. Residents are encouraged to participate in this review as changes may be introduced that could alter land uses in your neighbourhood. Please visit the -0LfLcjaL-l?1an— Review website for more information on how to get involved. Are you concerned or do you have questions about land use near your home? Contact the Planning Services Department before you finalize the purchase of your home. ■ Page 5 J Fire and Emergency. Services Clarington has 5 fire station locations one each in Bowmanville, Newcastle, Orono, Courtice and Enniskillen. J For information on fire safety or open air burning and burn permits visit Emetg_ency-an-d-EiLe--S-ervic -s or email your questions to fire_@_darins3ton.net 6 k �r ■ Maintenance of Municipal Infrastructure The Clarington Operations Department is responsible for maintaining the municipality's roadways, bridges, sidewalks, streetlights, storm sewers, drainage facilities, and sports fields. The Operations Department also looks after the Municipality's winter_ p -mgram which includes snow ploughing, street snow removal, and municipal sidewalk snow removal through the Sidewalk & Windrow Snow Clearing program for Seniors and Disabled individuals. For information or if you have questions contact the Operations Department at Qpetations@claringto-n.net ■ Animals and House Pets The Municipality's Responsible Pet Owners By -law specifies the number of dogs and cats that can be kept on your property, and stipulates that animals must be kept on a leash outdoors (except at designated leash - free parks). It also requires owners to practise "stoop and scoop ". For more information on animal control visit the Animal Services web - page. ■ RecreatlonalActivftles In your community Clarington provides a variety of recreation, leisure and cultural opportunities to meet all of your lifestyle needs. As you get closer to the time you move in, you may be interested in these resources to help you become more familiar with your new community. Recreation and Leisure Guide Recreation Facilities Tourism Visitors Guide Listing- o�Cv�nms�it _y�lu_b�,�ib�r�ri�s,J�i sr�s�nd�e Listing of Community Clubs, Libraries, Museums and More ■ Home Warranties Home builders are required to provide purchasers with statutory warranty protection from Tarion for a period of seven years. Purchasers of resale homes that are less than seven years old will also be entitled to the warranty coverage. For details on the warranty visit www.tarion.com ■ Our Municipal Administrative Centre is located at: 40 Temperance Street Bowmanville, ON (905) 623 3379 w_ww cta.r_ington net Operations Department: Our Operations Facility is located at: 2320 Taunton Road Hampton (905) 623 -3374 www._c�_t_om.net Prepared by the Planning Services Department March 2013 Page 6 8 -21 r r Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -law #: Report #: PSD - 038 -13 File #'s: C- C- 2013 -0001 & ZBA 2013 -0014 Subject: AN APPLICATION TO CREATE A COMMON ELEMENT CONDOMINIUM AND REMOVAL. OF HOLDING SYMBOL APPLICANT: PORT OF NEWCASTLE, EAST LANDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 038 -13 be received, 2. 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; 3. THAT the application for proposed Plan of Condominium C- C- 2013 -0001 submitted by Port of Newcastle East Lands be supported; 4. THAT the application to remove the Holding (H) symbol be approved, and the attached By -law to remove the Holding (H) symbol for the subject lands be passed upon execution of the condominium agreement; 5. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -038 -13 and Council's decision; and 6. THAT all interested parties listed in Report PSD -038 -13 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,'ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 8 -22 REPORT NO.: PSD -038 -13 Submitted by: ATS {CPlnlldf 4 June 2013 8 -23 z2w=:::� Davi . Crome, MCIP, RPP Director of Planning Services Reviewed by: PAGE 2 Franklin Wu Chief Administrative Officer REPORT NO.: PSD- 038-13 1. APPLICATION DETAILS 1.1 Owner /Applicant: Port of Newcastle East Lands 1.2 Proposed Draft Plan of Condominium: PACE 3 To permit a common element condominium for the temporary, private sanitary sewer system across the front yards of the twelve (12) street townhouse units. 1.3 Area: 0.35 ha 1.4 Location: The subject lands are located in Newcastle, fronting on the north side of Lakebreeze Drive, just west of Shipway Avenue (Attachment 1). The property is within Part Lot 29, Broken Front Concession, former Township of Darlington and further described as Blocks 1 and 2, Plan 40M -2253, 2. BACKGROUND 2.1 The subject townhouse blocks (12 units) form part of a larger, multi - residential area located at the Port of Newcastle. Neighbouring townhouse and apartment units are complete, while other lands are under site plan review or pending a site plan application. `n�, � �,��' a• R sl?eniial s f ss ite'sltlentEal r � � ,yF ture � b �- J - F 1 :i td rI nt }a9 � C7 bilo e t � 1 - ,Y - ttt fiyFulura fr t r v. - i ° -24 REPORT NO.: PSD- 038-13 PAG E 4 2.2 The purpose of the subject condominium application is to establish a common element area (which is a 4.725 metre wide swath along the front yard of each townhouse lot) to contain a temporary, private sanitary sewer system in the front yard of each of the twelve (12) townhouse units. The proposed Draft Plan of Condominium is included as Attachment 2. 2.3 This temporary, private sanitary sewer with individual pumping systems in each unit is proposed because the municipal sanitary sewer service on Lakebreeze Drive, in front of the proposed lots drains towards the east. The lands cannot currently be serviced by a gravity -fed sanitary sewer. Ultimately, the servicing of these lands depends on the completion of a sanitary pumping station to be constructed on lands owned by the Region of Durham (the location of the Newcastle Water Treatment Plant), to the southeast. The timing of the pumping station is unknown at this time. Until this piece of infrastructure is completed, the proposed private sanitary sewer pumping system is the only way to service the lands. 2.4 Each freehold townhouse unit would have a shared common interest in the common element area. A condominium corporation would be established, and each owner would have an equal share in the ownership, maintenance and eventual conversion of the units to connect to the sanitary sewer system within the Lakebreeze Drive road allowance, once the ultimate sanitary pumping station is constructed. The condominium corporation will also be responsible for maintenance of the front yards of the 12 lots. 2.5 The principle of the townhouse development has been previously established. The zoning of the subject lands to permit the twelve (12) townhouse units has been in place since 2003. Access easements are in place on adjacent lands to allow for vehicular access to the proposed attached garages to the rear of the units fronting onto Lakebreeze Drive. 2.6 The purpose of this report is to consider the proposed common element condominium and the request to exempt the application from Section 51 (Public Meeting) of the Planning Act as authorized by Section 9(7) of the Condominium Act. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently vacant. 3.2 Surrounding Uses: North: Marine Villas — 72 apartment units (condominium tenure) South: Coastal Villas (condominium tenure) East: Lands subject to proposed site plan application (SPA 2008 - 0008), a total of 250 apartment units are proposed in 4 buildings (future condominium tenure) plus one building for a hotel West: 36 townhouse units (condominium tenure) 8 -25 REPORT NO.: PSD -43&13 4. PROVINCIAL. POLICIES 4.1 Provincial Policy Statement (PPS) The subject townhouse development conforms to the PPS. 4.2 Growth Plan for the Greater Golden_ Horseshoe (Growth Plan) The subject townhouse development conforms to the Growth Plan. 5. OFFICIAL. PLANS 5.1 Durham Regional Official Plan PAG E 5 The Durham Regional Official Plan designates the land as Living Area. The subject townhouse units conform to the Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan includes the lands in the Port of Newcastle Harbourfront Centre designation. The subject townhouse units conform to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 In Zoning By -law 8463, as amended, the subject lands are zoned "Holding - Urban Residential Exception ((H)R3 -23) Zone ". The, R3 -23 zone allows the proposed townhouse units and the Holding (H) prefix is typically removed by By -law at such time that all servicing issues have been addressed. 7. STAFF AND AGENCY COMMENTS 7.1 The subject application has been circulated to external agencies and internal departments for comments and no objections have been received. 8. DISCUSSION 8.1 The principle of the development has been established through previous development approval processes, including an Official Plan Amendment, a Zoning By -law Amendment, and a proposed Draft Plan of Subdivision, The abutting condominium approval established the shared driveway for access to these twelve (12) units. All of the aforementioned applications were submitted, reviewed and approved in accordance with Planning Act requirements including public meetings. No appeals have been previously received. 8 -26 REPORT NO.: PSD- 038-13 8.2 The Municipality has the authority under Section 9(7) of the Condominium Act to grant an exemption from those provisions of Section 51 if it is "appropriate in the circumstances ". By exempting the subject application from the public notice provisions of Section 51 of the Planning Act, the public notification process, including the requirement to hold a public meeting, can be waived. In consideration of the previous public consultation process and approvals without objections or concerns, it is recommended that the Municipality exercise its option to exempt the proposed draft plan of condominium from Section 51 of the Planning Act and to allow creation of a common element condominium subject to the conditions contained in Attachment 3. 8.3 The subject application differs from previous development applications as the purpose of the proposed Draft Plan of Condominium is to establish a common element condominium for the temporary, private sanitary sewer system. The two blocks will be subject to future applications to Exempt Part Lot Control to create the twelve lots. Each lot and unit will eventually be freehold, meaning each townhouse unit can be bought and sold individually, each having a shared common interest in sanitary servicing contained within the limits of the common element area and access over the existing driveway system for vehicles to get to garages and parking spaces. 8.4 The subject lands were previously considered as part of a plan of subdivision for the Port of Newcastle lands. During this review, regard was given to the criteria contained within the Planning Act relating to the appropriateness of the development and the technical matters relating to roads, access, setbacks, open space and amenity areas, landscaping, grading and the ultimate servicing of the lands. Site plan approval is not required for this development. 8.5 Conditions of draft approval for the common element condominium will ensure that appropriate securities are in place for the temporary servicing system and warning clauses will be registered on title to ensure future owners of each townhouse unit, together with the condominium corporation understand their obligation to decommission the temporary servicing system and connect to the ultimate system once constructed. The owner will be required to enter into a development agreement with both the Region of Durham and the Municipality of Clarington and is required to put up security related to the decommissioning. The Region has no objections to the application and has provided conditions of draft approval included in Attachment 3. 9. CONCURRENCE — Not Applicable 10. CONCLUSION 10.1 It is recommended that the subject application for a proposed Draft Plan of Condominium be exempt from Section 51 of the Planning Act and that the application be supported. The Director of Planning Services will subsequently issue Draft Approval for the condominium subject to the conditions of draft approval, substantially in the form of those outlined in Attachment No. 3. It is also recommended that the attached By -law 8 -27 REPORT NO.: PSD- 038 -13 to remove the Holding (H) symbol for the subject lands be passed upon execution of the condominium agreement. 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: Anne Taylor Scott, Planner 11 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Condominium Attachment 3 - Proposed Conditions of Draft Approval List of interested parties to be advised of Council's decision: Kelvin Whalen, Port of Newcastle East Lands i • F e. a� t 0 U Q C 0 0 0s 0 a. IMc o Attachment No. 1 To Report PS®- 038 -13 ��N`�bMdiNS 1 U E vJ Cl 0 -0 °i M 0 4- c lem U 0 —� a ! i 0 C®V U w 0 o- w 18yd 1 Wl !b'yy W 1 N 118 o-d x R O ��N`�bMdiNS 1 � f e lA ;bTd a ! i 2 Q E t 18yd 1 Wl !b'yy W 1 N 118 o-d x R O a P fLUv flr 4 lljy � d 2 J S J 1 /f iF �6r cd dd � � d° y IZ tyd lQYd W� 1 ti 1i In a m i , Attachment No. 2 To Report PSD- 038 -13 3� ¢ i§ $ Y�'a r -h oNnlC�S ..- @ge zfd1� 4 f 3 , 3 � C', a s a 49 "d -2253 f q $5 iw nn: a�3 So °� iJ1JZ 3LLti. y fr_ K z az�lJj CJ z -° ¢h° p�ou 44 }_ °°9`' g�g � Attachment No. 2 To Report PSD- 038 -13 I�$ I I I 'z I � 1 I 1 1 v I � �O6 v V f I _ £ s+Fs J 3 d A, rjl i§ I 5�§ -01PO a @ge e414L'iO4 , 9 ".7 3 = 49 "d -2253 f q $5 BSa a�3 So y [rsr�s�3 44 °°9`' g�g � �� i° 9 � SCfl 5336 I K��b is 8 ib7d 6 ° 3 i --� SH[?YIAY I�$ I I I 'z I � 1 I 1 1 v I � �O6 v V f I _ £ s+Fs J 3 d ffGnSfq 4 S � fC Jtedf rjl I su -01PO e414L'iO4 , 9 ".7 49 "d -2253 f PLAN n [rsr�s�3 N£GISYE♦ZED EJSC..'r i5 � SCfl 5336 I ib7d i --� SH[?YIAY "N � ¢� tIL a f °v a5 q1 ffn ° C I � TIVd 19 167d f j 1 Q H � fV Ir `rlaa j i IA ILI ltffd Iva 0. q " 4 11 pp II bYd ItiTd d 4°g I p N � Lava �Zi � �s9 p9 I IV � I 12rrd T1G1 Y !'I V p � I o I s 2 ¢ � YJV"d f ] I $ � — lava Ir AT]d at l�xg'S f a I fN is T nvi 6 1b7d ul oo l f I I Y a f w �° R � i A �w '9 1L'Td � 3 f 1J TJ>re �` s 1 11 a CG ffGnSfq 4 S � fC Jtedf ooz'aN N7 id I vl 1 0 vrnwoaro� Q�iV0YV15 YtlbHiilSp I � g —30 su e414L'iO4 ktr'1d 8 1bYd 9 ".7 ( ib7d i --� I a f q1 ffn ° C I � TIVd 19 167d f j 1 Q H Ir `rlaa a bYd ItiTd I p �Zi � p9 I IV � I 12rrd T1G1 Y !'I V p � I II s f ] 9 AT]d at l�xg'S I ul oo SP 1t3t3f.1 _ I Y a f w �° ooz'aN N7 id I vl 1 0 vrnwoaro� Q�iV0YV15 YtlbHiilSp I � g —30 Attachment No, 3 To Report PSD- 038 -13 DRAFT PLAN OF CONDOMINIUM CONDITIONS OF DRAFT APPROVAL FILE NO.: C -C -2013 -0001 DATE: JUNE 3, 2013 1. The Owner shall have the final plan prepared on the basis of the approved draft plan of condominium C -C -2013 -0001 prepared by J.D. Barnes Limited, reference number 13- 25755 -00; dated April 10, 2013, which illustrates proposed draft plan of common elements condominium for a temporary private sanitary sewer pumping system for twelve (12) townhouse dwelling units. 2. The. Owner shall satisfy all requirements, financial or otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an agreement between the Owner and the Municipality of Clarington concerning the private servicing system. 3. The Owner shall submit a grading /occupancy deposit in the .amount of $30,000.00. 4. The Owner shall provide a security for works relating to the decommissioning (disconnection and capping) of the private forcemain, the removal of the pump systems and related appurtenances, and any other restoration work, based on a cost estimate prepared by a professional engineer. The cost estimate shall be subject to the approval of the Director of Engineering Services. 5. The Owner agrees to submit individual house siting plans as part of the Building Permit application for each of the 12 freehold townhouse dwelling units. 6. The Owner agrees to complete all boulevard works (curb, gutter, sidewalk and street trees) and to complete the pedestrian connection between Blocks 1 and 2, Plan 40M -2253, being part of SPA 2004 -006. 7. The Owner shall submit a copy of the declaration for the proposed condominium to the Municipality of Clarington and shall be approved by the Director of Planning Services prior to registration of the plan. 8. The Owner agrees to place the following in the condominium declaration and all agreements of purchase and sale between the Developer and all prospective home buyers: "This property is temporarily serviced by a private sanitary sewer pumping system and is within the common element condominium. Upon the construction of the sanitary pumping station to service this section of 8 -31 Lakebreeze Drive, the property owner /condominium corporation will be responsible for all plumbing work necessary to connect to the municipal gravity sanitary sewer previously installed at the property 'line including application for permits." "The condominium corporation shall be responsible for the operation and maintenance of the private sanitary sewer pumping system. Upon connection to the municipal gravity sanitary sewer, the condominium corporation shall be responsible for the decommissioning (disconnection and capping) of the private forcemain, the removal of the pump systems and related appurtenances, and any other restoration work." 9. The Owner shall notify prospective purchasers of: • the land's proximity to the railroad tracks; • the Municipality's parking regulations, and • limitations with respect to on- street parking. Notification shall be provided as a separate printed notice attached to each Offer of Purchase and Sale Agreement to the satisfaction of the Director of Planning Services. 10. Prior to final approval - Director of the Planning advised in writing by: of this Plan of Condominium for registration, the Services for the Municipality of Clarington shall be a) Durham Regional Planning Department, how Condition 1 was satisfied. NOTES TO DRAFT APPROVAL As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. The conditions to 'draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 8-32 �`► Meeting: GENERAL. PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -law #: Report #: PSD- 039 -13 File #: PL_N 34.11.12 Subject: DESIGNATED HERITAGE PROPERTY ALTERATION THE WALBRIDGE HOUSE 483 FLING AVENUE EAST, NEWCASTLE APPLICANT: BRIAN AND AUDREY JOSE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD -039 -13 be received; 2. THAT permission be granted for works to stabilize the foundation and structure on the property identified as 483 King Avenue East, Newcastle, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; 3. THAT the Director of Planning Services be authorized on behalf of Council to permit further alterations to the property identified as 483 King Avenue East, Newcastle, in accordance with Section 33(15) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and 4. THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner, and all interested parties listed in Report PSD -039 -13 be advised of Council's decision Submitted by: Reviewed by: C a ' J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer KK/l=L_ /df 3 June 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L9C 3A6 T 905 - 623.3379 8 -33 REPORT NO.: PSD- 03913 PAGE 2 1.1 The Walbridge house was built in the early 1800's, it is verified as being in place by 1825 to 1826. It was built by Asa E. Walbridge, a prominent member of the Newcastle community and one of the founding Directors of the Bond Head Harbour Company. The house is a one and a half storey, five panel front, Georgian style home which exhibits a profile and arrangement of exterior features favoured in the earlier decades of the 19th century. 1.2 There are only 92 known buildings in all of Ontario that are of this vintage. The Walbridge House may be the second oldest house within the historic boundaries of the former Durham County and is most likely the oldest building in Ciarington on its original foundation. 1.3 Starting in 1805, the Methodists had what were called Saddlebag Preachers and the Smith's Creek Circuit stretched from Belleville to York (Toronto). The Walbridge House eventually became part of this circuit. In November of 1974, the 150th anniversary of Methodism in Newcastle was celebrated and the opening ceremonies took place at the home. 8--34 REPORT NO.: PSD- 039-13 PAGE 3 1.4 From 1950 to 1958 this house was known as the Gladibrae Tourist Home, a bed and breakfast owned and operated by Harry and Louise Jose. Descendents of the Walbridge family continued to reside in this home until 1987 when it was sold to a developer. 1.5 On May 30, 2012, Brian and Audrey Jose, descendents of the Walbridge family, purchased the designated home from the developer with the intent of restoring the home for use as a residence. The owners and their agent have been providing regular updates to the Clarington Heritage Committee on the status of the architectural research and demolition restoration. 2. APPLICATION DETAILS 2.1 Applicant: Brian and Audrey Jose, owners Agent: Jim Sculthorpe, contractor Alteration: Refurbishment of the entire home, beginning with structural /foundation work and proceeding with reconstruction, with the intention of working with the Clarington Heritage Committee on the materials and exterior architectural finishes throughout the refurbishment process. Location: 483 King Avenue East, Newcastle 2.2 Plans have been provided by the contractor (Attachment 2) detailing the proposed structural and foundation work to be undertaken. 3, THE ONTARIO HERITAGE ACT 3.1 The Ontario Heritage Act empowers a Municipality to pass a by -law designating a property to be of cultural heritage value or interest. On May 14, 2007, Council approved the heritage designation of 483 King Avenue East under Part IV of the Ontario Heritage Act. 3.2 The following features are referenced in documentation as being specific to the character of the property that should be protected: The clapboard siding; • The original six over six, four over four, and three over one windows; ® The original stone foundation; The hand hewn logs upon which the ground floor rests; ® The six over six sidelights, transom, 39" wide entrance door, and entablature; ® The servant's staircase; ® Window casings, interior doors and woodwork, wood flooring, and pole rafters, 8 -35 REPORT NO.: PSD -039 -13 PAGE 4 3.3 The Ontario Heritage Act stipulates that the owner of a property designated under Part IV cannot alter the property where such alteration is likely to affect the reasons for designation without consent of Council. Council is required to consider any application for alteration of a designated heritage property in consultation with its heritage committee. 3.4 For municipalities where a heritage committee exists, Section 33(15) of the Ontario Heritage Act permits the delegation of the power to consent to alterations to an employee or official of the municipality. Section 33(16) directs that the scope of delegation of this power be defined as to whether it be applicable to all or certain alterations. 3.5 The Clarington Heritage Committee (CHC) reviewed the request for alterations to the designated heritage property during their May 28, 2013 meeting. They passed the following motion in support of the required alterations to the Walbridge House: "THAT Council approve as an alteration under the Ontario Heritage Act, the works to stabilize the foundation and structure and authorize the Clarington Heritage Committee to work with the Walbridge House property owner and their agent on 483 King Avenue East, Newcastle to monitor and provide ongoing advice on the refurbishment of the house as shown on the attached plans, dated May 27, 2013 such that the architectural and cultural significance for which the house was designated are retained." 4. STAFF COMMENTS 4.1 The proposed structure and foundation works are necessary in order to stabilize and preserve the designated heritage structure. The additional alterations that will be reviewed with the Heritage Committee and Staff are intended to retain the heritage character and features of the home and the reasons for its designation. 4.2 Due to the extent of the refurbishment required to bring this building to a habitable state and into conformity with the Building Code, a number of approvals for alterations will be required as the reconstruction process unfolds. It is recommended that the power to consent to alterations for the Walbridge House be delegated to the Director of Planning Services, who in consultation with the Clarington Heritage Committee will work with the owner and agent. The delegation of approval will streamline the process to avoid unnecessary delay awaiting Council approvals. 5. CONCURRENCE — Not Applicable 6. CONCLUSION 6.1 The Clarington Heritage Committee's function under the Ontario Heritage Act is to provide advice and assistance to Council on matters of heritage conservation. The CHC is in support of the alterations to improve the building envelope. Further, the CHC are 8 -36 REPORT ISO.: PSD- 039-13 PAGE 5 willing to work with the owner and agent regarding the numerous alterations that will be required to bring this home back to its former architectural significance. 6.2 Staff support the request for alteration to this designated property and recommend Council approve delegation of power, to consent to alterations for the Walbridge House to the Director of Planning Services in consultation with the CHC. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Kristy Kilbourne Attachments: Attachment 1 - Key Map Attachment 2'- Plans for 483 King Avenue East List of interested parties to be advised of Council's decision: Brian and Audrey Jose, Owner c/o Erla Jose Jim Sculthorpe, Contractor Clarington Heritage Committee Jim Leonard, Registrar, Ontario Heritage Trust Bert Duclos, Heritage Advisor, Ministry of Culture, Tourism, and Sport 8 -37 Attachment 1 Qj yrn V) +-+ fl1 Q) 0 ul N u u 0 u ` N Y j N z 4t Tj v ri U1 M 77 FM (n M cn s z 0 �* = CO CL CL fLi nmx a•: a v rFv Qj j u Q Q C C Y. hn � L! 133e1S'b1411nY L a 'W7 19 '1 '' 6 ° r C) •- t o , h 0. AIY�! 1 �5 • W Z . 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Pb• nw '.,',4. rPY'sTRFR e'W`v M• � YAna -.I•d^ Wrbl�axL. 60Yr r•e'sn••e -.Ix'• ,O a•o'.e.a'.,•H^ RR{enw Y,4>,w, p,kDypyb¢ s'•O- .aa -.ik• .�aoYRS.xrnunn Ww STEIL LINTPL 5GHEUULE ¢pv NY c tl'x•CRLe» � �" La ar'n T+Y `W LP 16 F 'gl.'..I�X• Ayr. a'tiY.^ [7 ro.-In ,- sn, ecw_ A rox can .. ka�rww � ua.rklnrx ar, umoe4uv, p {WRrGMt p e1 ro0.e N �•"` wrirtrnMfrAa CMVI) !.a rerl.e.V'N f YM4m4 rr. .avux raumwwock } rwrRrnro{ yk 4mlw.rttlnHUAlnver �� tx �cy1�r rG. rn¢vtwn r4acc • r.cceveeA 11N. 2012 RPVY'W `ry MR OPZ. 2012 1GJ OAT IMVrAON DY wn, --vw czaS$lea drafting & design inc. 76 Avid•wa Sa Newr..414 Arvbti➢ IH3 AH.4tb- va'i -33e] s]C 90s.vn'!. {.ae 9 ccw5, C710N NOM5/ OmL 5 1 I Mo 5c [ I acR- a �2m0 I m.+ II ' -R CA NA'; ON Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: Ey «law #: Report#: EGD- 019 -13 File #: Subject: COURTICE ROAD SIDEWALKS — MOYSE DRIVE TO NASH ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD - 019 -13 be received; 2. THAT Council approve the proposal for the construction of sidewalk on the east side of Courtice Road from Moyse Drive to Nash Road; 3. THAT construction of the recommended sidewalk be completed in 2013; 4. THAT funding in the amount of $75,000 for the works be allocated from the Development Charges Roads and Related Reserve Fund; and 5. THAT upon completion of the sidewalk works, the crossing guard at Moyse Drive and Courtice road be relocated to the intersection of Nash Road and Courtice Road. Reviewed by. Submitted by: A.S. Cannella, C.E.T. Franklin Wu, Director of Engineering Chief Administrative Officer Services ASC /RA/dv CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Im REPORT NO.: EGD- 019 -13 BACKGROUND PAGE 2 As part of the 2010 Development Charges (DC) By -Law Update sidewalks on the east side of Courtice Road were identified as a project required to support development and a rough estimate of the timing for the sidewalk was 2015. Since the completion of the DC update development has progressed in a slightly different pattern than was anticipated and with slightly different timing with added growth in the Hancock Neighbourhood along Harry Gay Drive and George Reynolds Drive. As such there has been an added demand for a crossing guard at the Nash Road and Courtice Road intersection in order to assist school children crossing Courtice Road in to get to schools west of the intersection. Both North Courtice Public School and Courtice Secondary School are on Nash Road west of Courtice Road. Currently Courtice Road has an Average Annual Daily Traffic (AADT) of approximately 7,100 between Nash Road and Highway 2. A crossing guard is stationed at Moyse Drive to assist students crossing Courtice Road. 2. STAFF REVIEW Based the changes in demand for crossing Courtice Road as a result of the new growth north of Nash Road, relocation of the existing crossing guard at Moyse Drive to the intersection of Nash Road and Courtice Road would address this demand while still serving the students south of Nash Road east of Courtice Road. In order to facilitate the relocation of the crossing guard and to ensure a convenient and visible access to the users south of Nash Road and east of Courtice Road, a sidewalk connection along the east side of Courtice Road from Moyse Drive to Nash Road should be constructed. This will also reduce the likelihood of users trying to cross Courtice Road unassisted to get to the sidewalk on the west side of the road if no sidewalk was provided from Moyse Drive to Nash Road. The sidewalk can be accommodated within the existing Courtice Road right of way behind the existing ditch with minor regrading and drainage improvements. It is estimated that the 205 m stretch of sidewalk would cost roughly $75,000 to construct. As this project was identified as a DC project it recommended that funding for the project be provided from the Development Charges Roads and Related Reserve Fund. Engineering Services staff would design and administer the construction of the sidewalk as part of our 2013 Sidewalk Contract and it would be scheduled to be completed prior to September 3, 2013 in order to allow for the relocation of the crossing guard before the start of the 201312014 school year. 9 -2 REPORT NO.: EGD- 019 -13 PAGE 3 Although Courtice Road is a Regional Road the provision of sidewalks is the responsibility of the Municipality of Clarington. As the sidewalk is not directly adjacent to any residential properties we feel that the sidewalk work can proceed without our normal public consultation for new sidewalk installations. 3. CONCURRENCE This report has been reviewed by the Director of Planning and the Director of Finance who concur with the recommendations. 4. CONCLUSION The residents and students who reside east of Courtice Road north and south of Nash Road would be better served with the construction of the sidewalk on the east side of Courtice Road from Moyse Drive to Nash Road and by relocating the existing crossing guard from Moyse Drive to Nash Road. The provision of the sidewalk also promotes active transportation in the neighbourhood by providing additional options for route selection when looking to get to specific destinations or for those who chose to use the sidewalk as part of their leisurely walk in order to enjoy the health benefits of active transportation. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability X Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Ron Albright, Manager, Infrastructure and Capital Works Attachments: Attachment 1 -- Sidewalk Location Map List of interested parties to be advised of Council's decision: Ms. Hartman RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD- 020 -13 be received; 2. THAT Council direct staff to continue our work with the Kawartha Pine Ridge School Board to establish an alternative off -site smoking area that does not violate the Smoke Free Ontario Act; 3. THAT Council give staff the authority to purchase and install two surveillance cameras at either end of the Trudeau Drive walkway at an estimated total cost of approximately $7,500. This cost will be absorbed by the Operations Department using account 100 -36 -380- 10733 -7112 RD MNTCE / SNMALK MNTCE. 1 MISC. OPER.SLIPP, resulting in a budget shortfall; 4. THAT a policy be developed that clearly demonstrates the Municipality's rationale and purpose of the surveillance system; 5. THAT the Municipality's By -law 2011 -099 "Nuisance By -law" to regulate and prohibit public nuisances be enforced at the walkway and that appropriate signs be installed at the walkway to alert the public to the penalties; 6. THAT staff be encouraged to work with the School Board to organize a "student volunteer" opportunity aimed at keeping the walkway clean; 7. THAT Council approve the recommendation that an increased level of maintenance be established at the Trudeau Drive walkway in recognition of the fact that this is an exceptionally high traffic walkway; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 9--5 9. THAT a curb cut be constructed in front of the walkway to assist those with strollers and on bicycles; 10. THAT the Municipality's traffic bylaw be amended to include "No Parking" on Trudeau Drive from 8:00 am — 9.00 am and from 3:00 pm — 4:00 pm; 11. THAT our traffic by -law be amended to include a section which prohibits stopping within one (1) metre of a driveway; and 13. THAT all interested parties listed in Report EGD -020 -13 be advised of Council's decision. Submitted by: - Reviewed by: An hony S. Cannella Director, Engineering Services ASC /LJBljbldv Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OIL CLARINGT'ON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 REPORT NO,: EGD- 020-13 1.0 BACKGROUND PAGE 3 1.1 At its December 17, 2012 meeting, Council directed staff to hold a public meeting "to gather feedback from residents and provide a report to members of Committee" regarding concerns expressed by members of the public around the presence of the Trudeau Walkway which links Trudeau Drive to the Bowmanville High School site (see Attachment #1). Staff was further directed to "provide a report to Council after the public meeting outlining: • A synopsis of the concerns presented by residents at the meeting • Potential steps to be taken (including cost estimates) that will address the concerns brought up by residents at the public meeting (i.e. including but not limited to: public safety, traffic congestion and littering), and how each potential option will address the concerns, including: • Installation of a gate to permit access to the walkway only during school hours • Installation of 24 -hour video surveillance cameras • Closure and sale of the walkway property (including an estimate of potential income from the sale) • Utilizing existing Staff or hiring Staff to clean up the Trudeau Drive walkway area and adjoining environs on a biweekly basis • Potential success of obtaining funding from (KPRDSB) Kawartha Pine Ridge District Catholic School Board to share costs of any of the above ". Additionally Durham Regional Police Services and Municipal Law Enforcement Department were asked to "provide comment on whether closure of the Trudeau Drive walkway would be effective in reducing the incidents of vandalism, littering, drug use, swearing and other disruptive behavior currently being reported in the area of Trudeau Drive." As well, Municipal Law Enforcement were asked to "provide comment on whether closure of the walkway would result in cost - savings to the Municipality with REPORT NO.: EGD- 820 -13 respect to enforcement of illegal parking during school drop -off and pick -up hours on Trudeau Drive." The last part of Council's resolution was that "Emergency Fire Services investigate the current situation, especially during the morning and afternoon pickup and drop -off times, and be asked to provide comment on current access levels, and whether potential closure of the walkway would result in enhanced accessibility for Emergency Services personnel to Trudeau Drive, Marchwood Crescent and Orr Court." 1.2 In order to prepare a comprehensive report to Council, Engineering Services Department staff convened a meeting of the Trudeau Walkway Working Group which included representatives from: • Engineering Services Department • Operations Department • Clerk's Office and Municipal Law Enforcement • Emergency and Fire Services Department • Durham Regional Police Services • Kawartha Pine Ridge District School Board • Durham Region Traffic The Working Group met on February 28, 2013 to discuss the matter and prepare for the Public Meeting. A full discussion of all the issues took place, and the date for the Public Meeting was set for April 10, 2413. 2.0 THE TRUDEAU WALKWAY & THE TRANSPORTATION MASTER PLAN The Municipality is currently undertaking the preparation of a Transportation Master Plan. This plan is aimed at addressing all modes of transportation including pedestrian activity. The plan identifies pedestrian networks and their REPORT NO.: EGD- 020-13 respective hierarchy of Primary and Secondary pedestrian routes. Logically the Primary routes carry the highest volume of pedestrians and are characterized as routes that provide pedestrian links to dense mixed use development with concentrations of pedestrian attractors and generators (i.e. schools, municipal recreational facilities, etc.). Secondary routes are intended to provide safe and convenient access to local destinations such as residential neighbourhoods. Functionally, the Primary Routes act as a pedestrian transportation spine linking up to the Secondary Routes. The Trudeau walkway provides a strategic link on a Primary Route that carries a high volume of pedestrian traffic in the A.M. and the P.M. peak hours. It provides linkages predominantly between the northerly residential neighbourhoods east of Liberty Street and south of the Canadian Pacific Railway to the Bowmanville High School, Bowmanville Senior Public school, Duke of Cambridge (former Ontario Street Public School) School and Vincent Massey Public School, the Clarington Fitness Centre, transit and commercial areas along Liberty Street and King Street. The Trudeau walkway is a critical link to the Municipality's Pedestrian Walkway Network. 3.0 PUBLIC MEETING 3.1 Notice of Public Meeting was sent by mail to all residents on Trudeau Drive, Marchwood Crescent, Orr Court, Concession Street East between Liberty Street and Dadson Drive, and Liberty Street from Concession Street to the south entrance into the high school. The Notice was placed on Clarington's web -site, in the local newspapers, and the School Board included it in the school's newsletter. Twenty -eight individuals (representing twenty -three area addresses) registered at the Public Meeting, and a total of twenty -two Comment Sheets were received before, during and after the Public meeting. The majority was in favour of leaving the walkway open'for the following reasons: REPORT NO.: EGD-020-13 PAGEJ • If the walkway is closed it would result in longer walking routes for students, members of the fitness club and others. This could very easily mean that parents, who are not currently driving their children to school, begin to do so, making congestion much more of an issue than it already is on Liberty Street and on school property will result from the closure. • Increased pedestrian and vehicular traffic on Liberty Street and into the school property • Increased congestion on school property could have significant emergency vehicle access implications • Both the Municipality and the School Board promote walking to school and recreational walking in general which would be discouraged should the walkway be closed ® Trespass through the storm water management block to the east would likely result in the creation of a new pedestrian route along the back of the lots between the east end of Trudeau Drive and the walkway ® Some children who previously walked will have to be Fused if the walkway is closed ® Closing the walkway would set a precedent to close other walkways across the Municipality 3.2 SYNOPSIS OF AREA RESIDENTS' CONCERNS Residents expressed the following concerns at the Public Meeting and in the Comment Sheets that were submitted: • loitering in the area of the walkway • littering and garbage • vandalism • lack of curb cut in front of the walkway • traffic issues during morning drop off and afternoon pickup including driveway blockage on Trudeau Drive ® smoking /swearing X1112 7 '•'_ • 1 1 1 ® illegal activities ® safety issues associated with the above activities Many suggested that the problems listed above, which while an ongoing concern, have become significantly worse since the school closed its on -site smoking area and students were forced to leave school property in order to smoke. Those in favour of the walkway were equally as expressive about maintaining its presence. Four separate homeowners stated in each of their comment sheets that the presence of the walkway was one of the reasons that they bought their home in that neighbourhood. One other stated that if the Municipality closes the walkway "all walkway and public areas must be closed for the same reasons. One parent stated that she would have to start driving her young child to school which would be difficult since she has a younger. child at home and two young children whom she cares for during the day. Others stated that the walkway is a "necessary component" and that existing problems "will be passed to someone else ", (see Attachment #2 which depicts the number of students using the walkway to access four schools). 4.0 PROBLEMS AND RECOMMENDED SOLUTIONS The Working Group were aware of residents' concerns, as have been outlined in Section 3.2., and discussed these at length. It is the group's view that the Trudeau Drive walkway is an exceptionally high pedestrian volume walkway that will eventually be required to service four different schools. It was felt however, that the issues can be addressed, and improvements can be made to the area. The intention is to eliminate or mitigate each of the concerns expressed by the residents while ensuring that the walkway can continue to be used in a respectful manner and that the issues are not increased or transferred to other areas. NO01 REPORT NO,: EGD- 020 -13 4.1 SMOKING, VANDALISM AND OFFENSIVE BEHAVIOR Many of the residents that attended the Public Meeting talked about the quality of life issues they are coping with and stated that vandalism, smoking and offensive behavior are a constant concern, Staff therefore suggest that this category of issues be broken down into its component parts and dealt with accordingly. SMOKING As stated earlier, many residents felt that the problems increased notably smoking was no longer allowed on school property and students were required to leave school property in order to smoke. The Municipal Solicitor and School Board representatives have discussed the issue of smoking in the vicinity of Bowmanville High School. Under the Smoke Free Ontario Act, students are not permitted to smoke on lands that are "used in connection with" the high school, so consequently students are either smoking on the Municipally owned parking lot south of the school or in the vicinity of the walkway. In light of the construction of the new Duke of Cambridge School, which faces directly onto the south parking lot, there is a wish to address the problem of smoking before the new school is opened. Potential Solution: 4.1.1. Alternative Smoking Area Staff and School Board representatives have had several discussions regarding the establishment of an area that smokers can occupy without disrupting or offending others and which does not violate Provincial legislation (Smoke Free Ontario Act). E1117iFJ REPORT NO.: EGD- 020 -13 The Durham Region Health Department (which enforces the Smoke Free Ontario Act), has been involved in these discussions. Staff or School Board representatives will continue to work together to establish an alternative smoking area. VANDALISM Staff discussed the issue of vandalism at the Working Group meeting and while the increased presence of Police and Municipal Law Enforcement Officers would certainly be appreciated it was felt that a more constant presence is also needed. Increased Police and Municipal Law Enforcement presence are limited by several factors which include resource allocation financial and otherwise. Recognizing this, several have suggested the possibility of surveillance. The Municipality has contracted the service of a surveillance contractor in the past (to ensure that park users vacate the premises at closing time). The cost in 2012 for drive -by surveillance twice daily was approximately $2,000.00 for a two month period; however, a new quote would be required in this case. Staff have also investigated the installation of surveillance cameras along the walkway and consider this to be an especially viable option in this location. Potential Solution: 4.1.2. Surveillance Cameras Two surveillance cameras could be installed at either end of the Trudeau Drive walkway, with one camera directly facing the other so that vandalism of the cameras is recorded. Surveillance cameras have been deemed, in many cases, to be an effective deterrent for undesirable activities. There are literally hundreds of different types 9-13 REPORT N®.: EGO- 020 -13 PAGE 10 of surveillance cameras; however, a preliminary cost estimate for two cameras and a DVR is approximately $7,500, including installation and depending on the length of the cable run. An assessment of privacy implications would be conducted on the effects that the surveillance system may have on personal privacy, and the ways in which any adverse effects can be mitigated in achieving the lawful goal. Cameras should be set up and operated to collect the minimum amount of information to be effective. This helps reduce the intrusion on individuals' privacy. It's also important to develop a policy that clearly demonstrates the Municipality's rationale and purpose of the surveillance system. Having such a policy in place would also demonstrate the Municipality's due diligence towards ensuring the proper collection, use, disclosure and retention for video surveillance recordings. Signs could be posted at both ends of the walkway containing a clear and understandable notice about the use of cameras on the walkway before an individual enters onto the Trudeau Drive walkway. This gives people the option of not using the path if they object to the surveillance. Signs could include a contact in case individuals have questions or if they want access to images related to them. Monitoring of the recordings would have to be undertaken by Municipal staff on a regular basis but the safety and peace of mind of the residents may be notably improved through this relatively minor budget item and it is therefore staff's recommendation that cameras be installed. 9-14 REPORT NO.: EGD- 020 -13 PAGE 11 The Municipality has enacted By -Laws 94 -180, By -law 98 -114 and 2011 -099 (attachments #3, #4 and #5), being By -laws to regulate and prohibit public nuisances at the request of Durham Region Police Services. Nuisance includes loitering, fighting, screaming, yelling, profane or abusive language, damaging or vandalizing public or private property, expectorating, "anything which is injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, and any other activity or conduct that is disorderly, annoying, unpleasant or obnoxious." As stated in Report No. CLD -027 -11, "this collection of offences will give the police an option for enforcement beyond that of a criminal charge, thus allowing for a faster, more effective response to public calls for service. Including these activities in the by -law does not remove them or protect an individual from possible criminal prosecution if, in the opinion of the investigating officer, such action is warranted." Durham Region Police Services (DRPS) strongly encouraged and endorsed enactment of By -law 2011 -099. Potential Solutions: 4.1.3. "Nuisance By -law" and "Loitering By -law" Signs to be Installed at the Walkway Signs could be posted at the walkway alerting residents to the fact that the Municipality has both a "Nuisance By -law" and a "Loitering By -law" and intends to enforce them. Persons who contravene any provision of these by -laws will be deemed guilty of an offence and upon conviction are liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c P. 33. 9 -15 4.1.4 Educating the Public The public will be made aware of these by -laws and the intent to enforce penalties, by way of various means that might include, school flyers to be sent home to parents, Facebook, Twitter, the Municipal web page, and more. Residents in the area will also be notified that they have the right to report offensive behavior to the police and to expect that penalties will be imposed under these by -laws. 4.1.6 Increased Presence and Enforcement Staff also recommends that DRPS and Municipal Law Enforcement be requested to increase their presence in this area, which may include a "blitz" after this recommendation is passed. LITTERING AND GARBAGE The Trudeau Drive walkway is unlike any other walkway in Clarington in that it will eventually service four different schools, with pedestrian traffic volumes that are far higher than are typically seen. Staff have observed litter and garbage within the walkway. Part of the problem is that there is a chain link fence on either side of the walkway and then a privacy fence outside of those with a small gap between the chain link and the privacy fences where litter accumulates. Potential Solutions: 4.1.6 Student Volunteers One suggestion is that the School Board be requested to elicit student volunteers to regularly keep this area clean as part of their requisite volunteer hours. 9-16 4.1.7 Increased Level of Maintenance at High Traffic Walkways Walkways, just like any other conveyor of traffic, should be designed and maintained in a manner that comfortably accommodates the volume of pedestrians that typically use them. At the Trudeau Drive walkway counts were taken at four different times of about 135 pedestrians in the a.m. and 135 in the p.m. Other area residents may access the walkway for pleasure and/or to access the fitness centre. In the case of the Trudeau Drive walkway staff are of the opinion that maintenance sufficient to support heavy pedestrian use (four different schools), is required and suggest that we increase the level of service (LOS) provided in this unique location so that the service provided matches demand. Much as a high - use facility would require higher LOS, so does a high -use walkway, which the Trudeau Drive walkway most certainly is. 4.1.8 Installation of Garbage Receptacle(s) at the Walkway It is not the practice of the Operations Department to install garbage receptacles at public walkways: currently there are none in the Municipality; however, if Council directed, an exception could be made in order to deal with exceptionally high pedestrian traffic volumes that are typically not seen anywhere else. TRAFFIC ISSUES DURING MORNING DROP -OFF AND AFTERNOON PICK- UP Residents have expressed considerable concern about morning and afternoon school drop off on Trudeau Drive and while staff understand that this will happen staff are also eager to encourage drivers to respect the rights of the community. r± REPORT NO.: EGD- 020 -13 PAGE 14 It is therefore staff's recommendation that amendments be made to the Traffic By -law to include "No Parking" and "No Stopping ". 4.1.9 No Parking on Trudeau Drive During Limited Hours It is staff's recommendation that in upcoming amendments to the Traffic By -law, staff include No Parking on Trudeau Drive from 8:00 am — 9:00 am and from 3:00 pm -- 4:04 pm. 4. 1.10 No Stopping Within One Metre of a Driveway Another amendment which is proposed to the Traffic By -law is to include a section which prohibits stopping within 1 metre of a driveway. Currently the By- law prohibits parking within 1 metre of a driveway. 5.0 OTHER POTENTIAL MEASURES OUTLINED BY COUNCIL 5.1 Installation of a Gate to Permit Access to the Walkway Only During School Hours It is the view of the Working Group that closing the walkway outside of school hours would not eliminate the issues. It was the direct experience of some Working Group members that when gates are installed on walkways, they are often vandalized (and quickly). In some cases, a municipality installed a gate, then abandoned the idea when it became labour- consuming and expensive to re- install it on a frequent basis. Closing a gate outside of school hours also prevents the general public from using the walkway to access the Recreational Centre and other areas for legitimate purposes. Further, opening and closing the gate each day would take the Operations Department away from other scheduled 9--18 REPORT NO.: EGD- 920 -13 PAGE 15 work, and the School Board has stated that it will not open and close a municipal gate on a daily basis. 5.2 Closure and Sale of the Walkway The closure and sale of the walkway would only be of interest to one or both of the two adjacent property owners (i.e. it does not have sufficient frontage or area to become a building lot). The Municipality has only ever proposed to close a walkway in one instance, and that was because the configuration of the property to be developed (which the walkway was intended to service) was significantly revised, and the walkway link was no longer required. In any event, if Council chose to close and convey this walkway, typically: a the adjacent owners would be approached regarding their interest in acquiring all or part of the walkway. a the land would be declared surplus. a two fences abutting the walkway would be removed and one new fence would be built (if the walkway were split). the concrete walkway would be removed and restored with topsoil and sod, a the Municipal Solicitor would complete the conveyance of the parcel (s). Without spending the money for a certified appraiser's opinion, it is staff's opinion that the walkway has minimal monetary value. if it were divided between the two adjacent properties, it would add an additional 3 metre frontage to each which is unlikely to affect the property value. DI' M : REPORT NO.. EGD- 420 -13 PAGE 16 5.3 Potential Success of Obtaining Funding from KPRDSB to Share Costs The School Board has clearly stated that the walkway is the responsibility. of the Municipality, and, in their view, it is the Municipality's responsibility to fund any projects related to the walkway. The Board will work with the school administrative staff and teachers to help support and educate the students in being respectful of neighbouring properties and communities. 6.0 OTHER INPUT REQUESTED BY COUNCIL 6.1 Durham Regional Police Services and Municipal Law Enforcement were asked to provide comment on whether closure of the walkway would be effective in reducing the incidents of vandalism, littering, drug use, swearing and other disruptive behavior. DRPS commented that closing the walkway may improve conditions in the immediate area, but the problems will be displaced to another area (in the vicinity). Representatives at the Working Group meeting were not aware of any illegal activities in this area, and area residents are encouraged to contact police when these activities are observed. 6.2 Municipal Law Enforcement was asked to provide comment on whether closure of the walkway would result in cost savings to the Municipality with respect to enforcing parking regulations on Trudeau Drive. Municipal Law Enforcement was of the view that it would be easier to enforce parking regulations on Trudeau Drive than to deal with increased vehicular congestion of the school property. No cost savings were foreseen. 6.3 Emergency and Fire Services Department was asked to provide comment on current access levels and whether potential closure of the walkway would result in enhanced accessibility for emergency personnel. The Emergency Fire Services Department stated that vehicles move (particularly on a local road) 9 -20 REPORT NO.: EGD- 020 -13 PAGE 17 when an emergency vehicle approaches. This area is not any more congested than many areas in Clarington which must be accessed at different times and various degrees of congestion throughout any given day. Clarington Emergency and Fire Services is concerned about parking on both sides of the street as this would impede their ability to drive through the street should an emergency occur. 7.0 CONCURRENCE This- report has been reviewed by Municipal Law Enforcement, Municipal Solicitor, Director of Finance, Director of Operations and Director of Emergency Services who concur with the recommendations. 8.0 CONCLUSION The Trudeau Walkway Working Group, including members of Municipal staff, Durham Region Police Services, Durham Region Traffic and Kawartha Pine Ridge District School Board acknowledges that undesirable nuisance activities occur at times in the vicinity of the high volume, Trudeau Walkway. It is the Working Group's view, however, that closing the walkway will not eliminate these issues and may, in fact, create other issues. As well, it is the Working Group's view that other pedestrians using the walkway for legitimate purposes will be, in some cases greatly, inconvenienced. This opinion was shared by most respondents to the Municipality's questionnaire regarding the presence of the walkway. 9.0 RECOMMENDATIONS Staff respectfully recommends that the Trudeau Walkway remain open and that the following mitigative measures be implemented: 9 -21 REPORT NO.: EGD- 420 -13 [W-TeUS 3 9.1.1 That the School Board be requested to consider the potential option presented by the Municipal Solicitor to establish a smoking area which complies with the Smoke Free Ontario Act. 9.1.2 That two surveillance cameras be installed at either end of the walkway, facing each other to protect the quality of life of residents in the area. This will be a project undertaken by the Operations Department and funded through their account 100 -36- 380 -10733 -7112 RD MNTCE 1 S/VVALK MNTCE. / MISC. OPER.SUPP, resulting in a budget shortfall. 9.1.3 That a policy be developed that clearly demonstrates the Municipality's rationale and purpose of the surveillance system. 9.1.4 That "no nuisance" and "no loitering" signs be installed at the walkway to alert residents to the fact that the Municipality has a "no loitering" by -law and intends to impose fines upon those who are in violation. 9.1.5 That public education of the "nuisance" and "loitering" by -laws be carried out through various means available to the Municipality and in co- operation with the School Board. 9.1.6 That increased presence by the Durham Regional Police and Municipal By -law be encouraged. 9.1.7 That the School Board be requested to encourage a student volunteer program to keep this area clean as part of their requisite volunteer hours. 9.1.8 That an increased level of maintenance be established at the Trudeau Drive walkway in recognition of the fact that this is an exceptionally high traffic walkway. 9--22 PAGE '19 9.1.9 That a garbage receptacle(s) be installed at the walkway and emptied on a regular basis. 9.1.10 That a curb cut be constructed in front of the Trudeau Drive walkway. 9.1.11 That the Municipality's traffic by -law be amended to allow for "No Parking" on Trudeau Drive from 8:00 a.m. — 9:00 am and from 3:00 pm — 4:00 pm. 9.1.12 That the Municipality's traffic by -law be amended to allow for "No Stopping" within 1 metre of a driveway. 9.1.13 That the installation of a gate to permit access to the walkway only during school hours be dismissed as a viable option. 9.1.14 That the closure and sale of the walkway as a viable option be dismissed. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Leslie J. Benson, P. Eng., Transportation and Design Manager Attachments: Attachment 1 — Aerial Map of Walkway and area Attachment 2 — Map Showing Number.of Students Using Walkway Attachment 3 — Loitering By -law 94 -180 Attachment 4 -- Loitering By -law Amendment 98 -114 Attachment 5 -- Nuisance By -Law 2011 -099 List of interested parties to be advised of Council's decision: Kawartha Pineridge District School Board Durham Regional Police Services Norman Johnston Teofilo Corpus Maurice Laganiere Jamie Coutu Melissa & David Daminato Nik Papanikolas Chris Beatty Josee Cournoyer 9 -23 REPORT NO.: EGD- 020 -13 Paul Hurtubise David Wood Jay Smith Carol McAllister Bill Crossey Brendan Goldsworthy Benny Young Marianne DePass Alison Innis Christine Williams Carol Hopps Fred - Brumwell Kim Nixon Teresa Edwards Leonard Welsh Ellen Slack Tom English Lorraine Mathews Jennifer Jandron Amy Duval Vince Polidoro Morgan McMeedin Maisie Daley Bernice Chamberlain Tom Woods Jackie Nasal 9--24 ATTACHMENT -1 I.O lit -.PORT — EGD- 020 -13 ONCESSiON STLEAST uz 74 d 4 'r s• ��"' jKUUEAIJ oRlvE -1 io -�cyQ'A z.. 4Q� �IAS�1�;�- +FV� �->• l,,�E�fi• S6}y��%'�C+. } .•r �:,� 1Riiilr� �rwaMyOr rrEq r reap u4 un ',m•. +FV� �->• r � t@rny�E s �iarjt�+— 1Riiilr� �rwaMyOr rrEq r reap _ itfil `i r tiyr � fv s; Win I .di'. 1 J) .�.�fr+ aq�� .t. -••�. A! �l •rta�q ^�i1Eg���i�AEt� •�h �... Jr lit h : l r ti t � � . l t f ' IIL ' -l;_, s :t . • gam-" Y _ �iY '� r1l -11 of v �, t� j ,, • . . algy r•. t• 'vim � � ilk 1j �- } "- k, - ��1 +'3AY••� v.a. � a'���� Er j i, r M I iM ii SFW"e x+11+11 jV }z ATTACHMENT -- 2 TO REPORT EGO - 020 -13 Trudeau Walkway with How many Students may access it walking to school BHS- Bowmanville High School ONT- Ontario Street Public School ([juke of Cambridge) 9 -2 6 BOS- Bownianville Senior Public School VMA- Vincent Massey Public School f � ' ATTACHMENT - 3 TO REPORT - EGD 020 °13 THE CORPORA'T'ION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 94 -180 being a By --law for the Prohibition and Abatement of certain Public Nuisances within the Municipality WHEREAS Section 210(140) of the Municipal Act, R.S.0.1990 c. M.45 permits Councils of local Municipalities to pass by -laws to prohibit and abate public nuisances. NOW THEREFORE the Council of the Municipality of Clarington enacts as follows: DEFINITIONS• 1. (a) "BEG" shall mean to go from place to place or to remain stationary and, while there, to solicit donations for oneself or another person. To "BEG ", however shall not include neither to solicit donations on behalf of a bona fide charity; (b) "MUNICIPALITY" shall mean the Corporation of the Municipality of Clarington and where the context so implies, members of its staff and council; (c) ".HIGHWAY" shall mean a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed or intended for or used by, the general public for the passage of vehicles or persons, whether under the jurisdiction of the Regional Municipality of DURHAM or the MUNICIPALITY, and including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk within the lateral property lines of the HIGHWAY; (d) "OFFICER" shall include a police officer or police constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; and includes a person assigned the responsibility of administering and enforcing this By -law, and all persons acting under his or her instructions; (e) "PERSON" shall include the individual, sole proprietorship, partnership, unincorporated association, trust, or a body corporate; (f) "PEDESTRIAN" shall mean a person on any part of a highway who is on foot or a person in a wheelchair, baby carriage or any similar, legally operated, ambulatory device. PROHIBITION ON CERTAIN PUBLIC NUISANCES: 2. No person shall beg, either from door to door, or on any highway or in any other public place. 3. No person shall solicit any other person on any highway or in any other public place, for any commercial purpose, except for donations on behalf of a bona fide charity, 4. No group of three or more persons shall gather together and stand in a group or near each other on any highway, or on any pedestrian walkway, or in any other public place, in such a manner as to obstruct a free passageway for pedestrians or vehicular traffic after having been requested to move on by an officer. 9 -27 -2- 5. No person shall use any highway, pedestrian walkway or any other public place in a manner to crowd, or jostle pedestrians or to create discomfort, disturbance or confusion for pedestrians. without limiting the generality -of the foregoing, it shall constitute an offence for a person to cause a disturbance on any highway or on a pedestrian walkway or in any public place by screaming, yelling or using profane or abusive language in a manner which is audible to passersby. G. No person "shall conduct any activity which interferes with travel or other lawful use of the highway pedestrian walkway or other public place, by pedestrians or otherwise. 7. No person shall loiter on any highway, pedestrian walkway or other public place, after having been requested by an officer to move on. 8. No person shall deface or damage any real or personal property which is owned by the Municipality. Prosecution with respect to this offence shall not preclude any other legal actions required to recover damages required to repair, replace or restore damaged real or personal property, as the case may be. PENALTIES: 9. Any person 'who contravenes any provision of this By --law is guilty of an offence. GENERAL PROVISIONS: 10. All words and personal pronouns relating to words contained in this By -law shall be read and construed with the number and gender of the person or persons referred to in each case. 11. Should any paragraph, clause or phrase in this By -law be declared by a court of competent jurisdiction to be invalid in whole or in part, the validity of the other provisions of the By -law shall be affected thereby, the intent of Council being that each provision of the By --law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. 12. This By -law shall come into full force and effect as of the date of its passing. By -law read a first time this 28th day of November 1994 By -law read a second time this28th day of November 1994 Read a third time and finally passed this 28th day of November 1994 012W." ATTACHMENT -4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY LAW 98 -114 Being a By -law to amend By -law 94 -180, being a by -law to prohibit and abate certain public nuisances WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 94 -180; NOW THEREFORE the Cquncii of the Municipality of Clarington hereby enacts as follows: 1. By -law 94 -180 is hereby amended by deleting subsection 1(a) in its entirety and renumbering the remaining subsections (a) through (e ), 2. By -law 94 -180 is further amended by deleting section 2 in its entirety, 3. By -law 94 -180 is further amended by deleting section 9 in its entirety and replacing it with the following: ``9 Any person who contravenes any provision of this By -law Is guilty of an offence and liable to punishment as provided under the Provincial Offences Act." 4, This By -law shall come into full force and effect immediately on the day of final passing by Council, By -law read a first and second time this 29s' day of June, 1998 By -law read a third time and finally passed this 29`x' day of June, 1998. EME-MAEX-06011 9W-29 ATTACHMENT - 5 TO REPORT ORT - EG0- 020 -13 MUNICIPALITY OF CLARINGTON BYLAW 2011.099 A By -law to regulate and prohibit public nuisances WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances including matters that, in the opinion of Council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows; Part 1 -INTERPRETATION Definitions 1. In this by -law, "defecate" means to discharge excroment from the human body; `highway" has the same meaning as in the Highway TTrafffc Act, R.S.O. 1090 c, H. 8; "Municipallty" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "nuisance" includes, (a) soliciting; (b) fighting, screaming, yelling or using profane or abusive language or gestures; (c) defacing, damaging or vandalizing public or private property; (d) expectorating in a public place; (e) anything which is Injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to Interfere with the comfortable enjoyment of life or property; and (f) any other activity or conduct that Is disorderly, annoying, unpleasant or obnoxious; "officer" means any employee, officer or agent of the Municipality whose duties include the enforcement of this by -law and any police officer as defined In section 2 of the Police Services Act, R.S.O. 9990, c. P,15; "person" Includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or.agent, and their heirs, executors, or legal representallves; "public place" includes a highway and any place to which the pubile has access as of right or invitation, express or implied, and private property that Is exposed to public view, whether or not the property is owned by the person contravening the by -law; "sollcil' means to request, in person, the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using spoken, written or printed worst, a gesture or other means; 9 -30 Iduisanoe By -law 2011-099. Page 2 "urinate" means to discharge urine from the human body; and "Voi111t° means to throw Lip the contents of the stomach. References 2. in this by -law, reference to any Act is reference to that Act as It is amended or re- enacted from time to time. 3. Unless otherwise speolfied, references In this by -law to sections and subsections are references to sections and subsections in this by -law. Word Usage 4, This by -law shall be read with all.ehanges In gender or number as the context may rogdlre. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Applicatlon 6. This by -law applies to all land within the Municipality unless specifically exempted by this By -law. Part 2 • PROHIBITED ACTIVITIES 7. (a) No poison shall cause, create or permit a nuisance in any public place without reasonable excuse. (b) For the purposes of this section, "reasonable excuse" means, (I) the contravention of this by -law must be Inevitable, unavoidable and afford no reasonable opportunity for an alternative course of action that does not contravene this by -law; and (ii) where the contravention of this toy -law Is the consequence of Illness, the person did not contemplate or, acting reasonably ought not to have contempiated, that the person's actions would likely cause the illness or give rise to the contravention of this by -lava. 8. No person shall knock over, attempt to knock over, deface, attempt to deface, remove or attempt to remove a Canada Post mailbox, relay box, newspaper box, Blue Box, garbage container, traffic or street sign, utility pole or any other public or private property. order to Discontinue Activity 3, (4) Where an officer Is satisfied that a person has contravened this by -law, the officer may make an order requiring the person who contravened the by- law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity. (2) An order under this section shall set out, (a) reasonable particulars of the contravention adequate to Identify the contravention and the location of the land on which the oontravention occurred; and (b) the date by which there must be compliance with the order. Nuisance By -faw 2011 -099 Page 3 10. No person shall fail to comply with an order issued under this by -law, Obstruction 19. No person shalt hinder or obstruct, or attempt to hinder or obstruct, an officer who Is exercising a power or performing a duty under this by -law. Offence and Penalty 12, 11--very person who contravenes any provision of this by -Iaw guilty of an offence upon conviction Is liable to a fine pursuant to the provisions of the Provincial Offencos Act, R.S,O, 1990, c. P13. Part 3 - OENERAL PROVISIONS Conflict 13. If there is a conflict between a provision of this by -law and a provision of any other Municipal by -law, the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply. Short Title 14. The short title of this by -law Is the " Nuisance Bydaw ". Effedtive Date 15. This by -law shall be effective on the date of Its passing. By -la %v approved this 19th day of December, 2091, 9-32 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 10, 2013 Resolution #: By-law #: Report#: OPD- 010 -13 File #: Subiect: CEMETERY BY-LAW AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following; 1. THAT Report OPD- 010 -13 be received; 2. THAT the Cemetery By -law amendment as outlined in the proposed draft by -law (Attachment 1) be approved; 3. THAT the costs be expensed against the Operating Budget Account for Cemetery Maintenance, resulting in an over expenditure in 2013; and 4. THAT Council recognizes that this cost be included in future annual budgets. Submitted by: Reviewed by:�'` "�� --��' Fr6d Horvath Franklin Wu, Directof -of Operations Chief Administrative Officer FHlbg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 10 -1 REPORT NO.: OPD- 010 -13 1. BACKGROUND AND COMMENT PAGE 2 The Municipality has submitted an application and supporting documents to the Province for the transfer of the administration of Hampton Union Cemetery to the Municipality of Clarington, as per Report OPD -004 -13, The request for transfer of the Hampton Union Cemetery has been processed and approved by the Province of Ontario, Ministry of Government Services, Cemeteries Regulation Unit. Staff recommend that By -law No. 2005 -067 be amended (Attachment No.1) to reflect the inclusion of Hampton Union Cemetery as a Municipality of Clarington owned and operated Cemetery. Upon approval of the report the land transfer of Hampton Union Cemetery can be completed and a copy of the deed will be provided to the Ministry of Government Services. The land transfer to the Municipality is currently being applied for through the Ontario Courts, and once complete, the Municipality will assume the Cemetery. 2. AMENDMENT TO TARIFF OF RATES Pursuant to the Province of Ontario's Funeral, Burial and Cremations Services Act 2002, the Ministry of Consumer Services has informed us that a Provincial licence fee of $11.00 for a body interment will now also be applied to Cremated remains. Therefore the tariff of rates will be amended to reflect this change. 3. IMPACT TO THE MUNICIPALITY- The Municipality of Clarington maintains three active cemeteries: Bowmanville, Bondhead, and St, George's. Once Hampton Cemetery's transfer is complete, Staff will assume all maintenance including cemetery services. This additional cost is estimated to be between $5,000 and $10,000 and it will be charged to the Cemetery Maintenance accounts, which will result in an over - expenditure. The expenses for the maintenance of the Hampton Cemetery will be included in the 2014 Cemetery Account. 4. CONCURRENCE This report has been reviewed by the Municipal Clerk and the Director of Finance who concur(s) with the recommendations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable, Staff Contact: Bob Genosko, Operations Supervisor Attachments: Attachment 1 - Proposed Cemetery By --law Amendment 10 -2 REPORT NO.: OP®- 010-13 List of interested parties to be advised of Council's decision: Hampton Union Cemetery Board members: Bill Burns, Chairperson Stan Norrish, Treasurer Sonia Parfitt, Secretary Richard Parker, Minister of Hampton United Church PAGE 3 10-3 ATTACHMENT NO.1 TO REPORT NO. OPD- 010 -13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON- BY -LAW NO. 2013- Being a by -law to amend by -law 2005 -067 to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington. WHEREAS the Funeral, Burial and Cremation Services Act (2002) provides for the regulation and restriction of-use of lands identified as a cemetery. NOW THEREFORE The Municipality of Clarington hereby enacts as follows: 1. THAT Hampton Union Cemetery be included as a Municipality of Clarington owned and operated Cemetery. 2. THAT the Provincial Licence -fee of $11.00 be applied to both Body and Cremation burials. BY-LAW read a first time this day of - , 2013. BY- LAW read a second time this day of 2013. BY -LAW read a third time and finally passed this . day of , 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 1074 5 COMMUNITY SERVICES F -, W-1 U, Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -law #: N/A Report #: CSD - 007.13 File #: Subiect: CLARINGTON OLDER.ADULT ASSOCIATION -- ALTERNATE HOME RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD -007 -13 be received; 2. THAT the Terms of Reference for the Beech Avenue Community Liaison Committee be approved (Attachment 1 to Report CSD -007 -13); 3. THAT Council provide direction with regard to an alternate home for the Clarington Older Adult Association; and 4. THAT all interested parties listed in Report CSD -007 -13 be advised of Council's decision. Submitted by: JAC /sm eph P. Caruana erector, Community Services Reviewed by: () _Z,(_D_L, Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 12 -1 REPORT NO.: CSD- 007 -13 PAGE 2 1.0 BACKGROUND 1.1 As Council is aware, some time ago the Clarington Older Adult Association raised concerns about a lack of adequate on -site parking at 26 Beech Avenue. 1.2 On June 25, 2012 Council received report Addendum #1 to CSD- 006 -12 and subsequently at the July 3, 2012 Council meeting Council passed Resolution #0- 230-12: "WHEREAS Rathskamory was the estate Dr. George Humphrey Low built in 1843 that was subsequently occupied by Dr. James W. McLaughlin, brother of Robert McLaughlin, and since 1998 has been repurposed with a significant addition and it is now known as the Clarington Beech Centre; WHEREAS the Municipality of Clarington has designated Beech Avenue in Bowmanville, including the Clarington Beech Centre, the Lion's Parkette and the tennis courts managed by the Bowmanville Tennis Club and adjacent green space as a Heritage Conservation District under Part V of the Ontario Heritage Act; WHEREAS the Central Neighbourhood of Bowmanville is deficient in parkland relative to the Municipality's park standards, set out in the Municipality's Official Plan; WHEREAS Council determines that it is important to retain the Lion's Parkette, the tennis courts and the green space adjacent to the grounds of the Clarington Beech Centre as part of the neighbourhood character landscape elements identified for the Beech Avenue Heritage Conservation District; WHEREAS maintaining the green space, the tennis courts, and the Lion's Parkette at Rathskamory is the will of Council and fulfills both the heritage preservation and recreational objectives of the Municipality; and WHEREAS Council acknowledges the work of the Clarington Older Adult Association and recognizes the challenges of constraints at the Clarington Beech Centre; NOW THEREFORE BE IT RESOLVED THAT Addendum #1 to Report CSD -006 -12 be received; THAT Report CSD - 006 -12 be received; THAT By -law 2011 -106 be amended by adding the following to Section 1: a) Capacity THAT the overall capacity of the Clarington Beech Centre be 500 persons."; THAT the activities taking place at the Clarington Beech Centre be limited to programs and social activities of the Clarington Older Adult Centre Board and regular meetings of the Lions Club of Bowmanville; and Oddfellows /Rebekkahs & Encampment 12 -2 REPORT NO.: CSD- 007 -13 PAGE 3 Tops CUPS Local 225 All other rentals of significance to be determined by the Clarington Older Adult Centre; THAT a review of the rentals shall be undertaken within the year; THAT there will be no increase to Beech Centre on -site parking, with a continued use of on- street parking; THAT Council endorse the establishment of a Beech Centre Community Liaison Committee and that the matter be referred back to staff to develop a terms of reference and report back; THAT $1400 for signage and line painting be funded from the Municipal Capital Works Reserve Fund, THAT Staff report back on an alternative home, being another facility outside of the Clarington Beech Centre; and THAT all interested parties listed in Addendum #1 to Report CSD - 006 -12 be advised of Council's decision." 1.3 The purpose of this report is to address the action items of Council Resolution #C- 230 -12 including: • Review of rentals of significance at the Beech Centre • Establishment of a Beech Avenue Community Liaison Committee and Terms of Reference • Signage and line painting at 26 Beech Avenue • An Alternative Home for the Clarington Older Adult Association 2.0 REVIEW OF RENTALS 2.1 Staff will continue to work with the COAA to obtain the necessary information and will report back to Council on the rental history of the Beech Centre over the past year in the fall. 3.0 ESTABLISHMENT OF A BEECH AVENUE COMMUNITY LIAISON COMMITTEE AND TERMS OF REFERENCE . 3.1 The establishment of a Beech Avenue Community Liaison Committee would assist with communication between the various groups for whatever period of time the Clarington Older Adult Association continues to operate the centre on Beech Avenue. 12--3 REPORT NO.: CSD- 007 -13 PAGE 4 3.2 Staff have developed a Terms of Reference (Attachment 1) for Council's approval. Once approved, staff will contact the Bowmanvilie Tennis Club, the Resident/Community Coalition and the Clarington Older Adult Centre Board to share the Terms of Reference and solicit representation from each organization. 4.0 SIGNAGE AND LINE PAINTING (26 BEECH AVENUE) 4.1 In the fall of 2012 two (2) additional accessible parking spaces were added to the east parking area facing Beech Avenue. Associated line painting and signage were completed as a part of this work. 5.0 AN ALTERNATE HOME FOR THE CLARINGTON OLDER ADULT ASSOCIATION 5.1 Staff have undertaken a process to identify sites for consideration for the development of an alternate home for the Clarington Older Adult Centre which is currently located at 26 Beech Avenue. 5.2 This section of the report will present sites which could reasonably accommodate an older adult centre. It is important to note that this exercise looked exclusively at re- location of the existing centre with some possibility for expansion. 5.3 Throughout this process staff has obtained information and provided updates to the Clarington Older Adult Centre Board as required or requested. 5.4 Site Selection Criteria 5.4.1 In order to objectively evaluate sites, the following criteria have been developed against which the sites were rated. The COAA was provided the opportunity for input on items for inclusion for the site evaluation criteria. These comments were taken into consideration when finalizing the criteria. The criteria listed below purposefully do not include building condition or land purchase price, as in both of these cases it becomes difficult to measure these equally on all sites. Building condition and price (where available) have been provided as "Additional Information" and can be found at the bottom of the rating sheet (Attachment 2) for Council's consideration. i) Property Size ( + /- 3 acres) The current site at 26 Beech Avenue is approximately 2.1 acres (excluding the tennis courts and Lion's Parkette). In order to relocate a facility of similar size with additional parking and room for future growth, a site would need to be a minimum of 3 acres in size. 12--4 REPORT NO.: CSD- 007 -13 PAGE 5 ii) Street Frontage This criteria recognizes the value of street frontage. Le. two (2) street fronts would be considered ideal from a prominence /visibility perspective as well as traffic and transportation. iii) Site Encumbrances This criteria identifies encumbrances such as existing buildings /facilities, as well as environmental designations. iv) Proximity to Existing Services This criteria rated the availability of existing waterlsewer, hydro, natural gas, cable and telephone. v) Site Grading/Topography This criteria rated sites on existing grading. Sites with higher scores would require very little grading while lower scores would likely require significant cut and fill. vi) Proximity to Residential Development This criteria recognizes the importance of sites that are close to residential developments. Like the Beech Centre, a new location would ideally be located within walking distance to residential. vii) Proximity to Amenities This criteria examined sites in proximity to other amenities that would be desirable for older adults, such as groceries, retail and personal services. viii) Proximity to Public Transit This criteria reviewed sites in relation to current GD and Durham Region Transit Routes. ix) Vehicular Access to Facility This criteria looked at ease of site entranceslexits onto the local road network. x) Pedestrian Friendly This criteria evaluated sites that provided sidewalks to and from the sites connecting them to local neighbourhoods. 5.5 Sites Submitted for Consideration 5.5.1 In order for staff to determine available sites a number of agencies were contacted and asked to submit a response form for any and all available sites. The following agencies were contacted: 1. Kawartha Pine Ridge District School Board 2. Peterborough Victoria Northumberland Clarington Catholic School Board 12--5 REPORT NO.: CSD- 007 -13 3, Knox Christian School 4. Durham Christian High School 5. Clarington Board of Trade 6. Region of Durham 7. Municipality of Clarington, Planning Department 8. Durham Christian Homes 5.5.2 The chart below summarizes responses received by agency: PAGE 6 Agency Property Address Kawartha Pine Ridge District Currently no surplus properties in Clarington School Board Peterborough Victoria Currently no surplus properties in Clarington Northumberland Clarington Catholic School Board Knox Christian School No Res onse Durham Christian High School No Response Clarington Board of Trade 1. 205 Base Line Rd, Bowmanville 2. 1540 Hwy 2, Courtice 3. Church (212, 208, 204,198,194) and Wellington (151,'139) Streets, Bowmanville (Various properties) 4. 70 & 105 Port'Darlington Road South, Bowmanville 5, 2401 King Street East, Bowmanville 6. 240 Simpson Avenue, Unit D, Bowmanville 7. 1030 Truths Road, Courtice 8. 45 King Avenue West, Newcastle 9. 40 Britton Court, Bowmanville Region of Durham Currently no surplus properties.in Clarin ton Municipality of Clarington, 1. 25 Bennett Road, Bowmanville Planning Department 2. 2020 Lambs Road, Rowmanville 3. Concession Rd 3 & Liberty Street, Bowmanville 4. South Courtice Arena /Community Park 5. Courtice Community Complex 6. South Bowmanville Community Park/Clarington Fields 7. Newcastle & District Recreation Complex 8. Garnet B. Rickard Recreation Complex 9. Court House /Firehall, Bowmanville 10. Existing Newcastle Fire Hall, Newcastle Durham Christian Homes Verbal communication was exchanged but a formal response was not received 12 -6 REPORT NO.: CSD- 007 -13 PAGE 7 5.5.3 While the formal response from the Kawartha Pine Ridge School Board (KPR) indicated that they currently do not have any surplus properties in Clarington, it is known that a new school is currently under construction (Duke of Cambridge) and will be opening in September 2013. It is also anticipated that Ontario Street Public School will be closing at the end of June and not re- opening in September as a public school. At this time the KPR Board has not made any decisions with regard to this property. We have been advised that there may be more information available toward the end of this year. 5.6 Sites Not Recommended for Council Consideration 5.6.1 Staff completed a preliminary review of all sites and have concluded that the following sites should not be considered due to size (well under the three acres that has been identified as required) or location (located within an industrial area which would not be conducive for an older adult centre): Agency Property Address Rationale Clarington 1. 1540 Hwy 2, Courtice 1. Site too small (1.7 acres) Board of 2. 2401 King Street East, Bowmanville 2. Site too small (10,000 sq ft) Trade 3, 240 Simpson Avenue, Unit D, Bowmanville 3. Industrial site 4. 1030 Trulls Road, Courtice 4. Industrial site 5. 45 King Avenue West, Newcastle 5. Site too small (200'X96') 6. 40 Britton Court, Bowmanville 6. Industrial site Municipality 1. Garnet B. Rickard Recreation Complex 1. Site built out of Clarington 2. Court House /Firehall, Bowmanville 2. Site too small 3. Existing Newcastle Fire Hall, Newcastle 3. Site too small 5.7 Sites Recommended for Council Consideration 5.7.1 A staff committee has reviewed all other sites against the criteria identified. Each site, with criteria scores and additional information for each site recommended for Council's consideration can be found in Attachment 2. An overview of each site identifying ownership, location, purchase price and area (acreage) is also provided for Council's information (Attachment 3). Sites are listed in no particular order. 12-7 REPORT NO.: CS©- 007 -13 i) 205 Baseline Road West, Bowmanville (Rona) PAGE 8 This site is 9.26 acres with a large paved parking area which could easily accommodate the required parking needs, tour buses and a kiss n' ride function. In addition there is ample space to accommodate exterior programming opportunities. However, it should be noted that the noise from Hwy 401 is significant and could prove to be disruptive. Access to the Bowmanville Valley walking trail is close by with access on the north side of Baseline Road. The 77,190 sq. ft. building on site would require significant modifications to meet the needs of the COAA. In addition, consideration would have to be given to finding an appropriate use for a portion of the space as 77,000 sq. ft. is well beyond the space requirements of the COAA today and likely well into the future. Currently public transit is available on Waverly Road, as are basic retail amenities (gas bar /convenience store /fast food). (Rating 38/50 = 76 %) -111 g_ �01 �l MO ; � 1 AOSEH CUSMiT BASELINE ROADYIE% 0 N K [3 d N SPECER SQUARE 205 Baseline Road (RONA Site) 12"8 Hkr"%YAY AU1 REPORT NO.: CSD- 007-13 ii) 2121208120411981194 Church Street & 1511139 Wellington Street, Bowmanville PAGE 9 This is a slightly smaller site at 2.7 acres; however there are several positive attributes that warrant consideration. With frontage on Church Street, Wellington Street and Scogog Street, the property is located in a very walkable neighbourhood and close to the trail system of Bowmanville Valley and the amenities of downtown Bowmanville. There are several older buildings /homes on the properties that would likely require demolition to provide the opportunity to design an appropriate facility, parking and outdoor program space. Although there is not a bus stop at site, public transit is available on King Street. (Rating 45150 = 90 %) son 12--9 REPORT NO.: CSD -007 -13 iii) 70 & 105 Port Darlington Road South (Port Darlington Marina) PAGE 10 This 11 acre site includes two parcels of land, on opposite sides of Port Darlington Road. The property could easily accommodate parking needs, tour buses and a kiss n' ride function as well as provide the opportunity to design outdoor program space. There are several buildings on the property that would require extensive modification or possibly demolition to accommodate the needs of the COAA. The site has access from the north via Port Darlington Road and east visa East Beach Road to Bennett Road, although there is no access to public transit. Proximity to residential and retail amenities is extremely limited with this site. (Rating 24150 = 48 %) 70 and 905 Port Darlington Road (Marina) 12 -10 REPORT NO.: CSD- 007 -13 PAGE 11 iv) 25 Bennett Road, Bowmanville This 22.18 acre site, located to the west of the Wilmot Creek community at the foot of Bennett Road, is undeveloped. The site is currently owned by the Municipality, purchased for a future District Park. Currently access to the site is limited to Bennett Road, which is unpaved. The site is presently serviced by well and septic. Currently there is one home at the southern end of the site. This site is quite far removed from any local amenities as well as public transit. (25/50 = 48 %) /V HfGHw "AY401 �: usot 25 Bennett Road {District Park] z . w Lake Ontario Lake Ontario 12 -11 REPORT NO.: CS© -007 -13 v) 2020 Lambs Road, Bowmanville PAGE 12 This16.95 acre site is currently designated as a future Community Park site. This site has frontage on two streets and is a level site with no existing buildings. Present services are limited to municipal water and septic. The area is separated from residential development by Soper Creek, and at this time not accessible to public transit, retail amenities or sidewalks. (33/50 = 66 %) ��11 ®� illllllll��llllllllllll: 1111111111111■ it 1111 11111.11 ►� � 11111 •°I�I�� 11111111I1111�1� �� - - II 4 / bs R•.• ■ / /�Illl 1111111111 I�t11111��� ►ri►1 "...�.....:.._.._ Park) Illllllllillll _ 11Il11.11111i'�1�111111111I11� � � illy i #1111.1 ►11 ► i� � �lllllllll � ��� 111 In �1�1f11���iii�liiii�►� � ■ 111� ■111 �u���� ## #! #11. 1111 HIM � _��� ► 1�� :11111 #III! #!!I #II ,= f111111�IFJJ��I � ■ 11111�l111: ^ '�•1 � �� 12--12 REPORT NO.: CSD- 007 -13 vi) Concession Road 3 and Liberty Street, Bowmanville PAGE 13 This 38.06 acre site is a forecasted Community Park site with its current use being farmland. The site does have a fairly significant slope, and the size of the site is much larger than what would be required for an older adult centre, which would allow for future development of other community infrastructure. The site has excellent frontage on two roads and is adjacent to residential development on the south side, which has access to services required on site. The location does not presently Have access to public transit. (Rating 35150 = 70 %) ME Illtlllllllllllll 111 ►�- Illllllllll�l \� ��`� �Qi���1i111 111!lllllllll 11� �� X1111111111 111�1111D 1111111111111111 \� �i���������llill �lllllill III 'Ili �� -/ ii. 0���� = • 1111111 =11111 {11l111111I�Illll11111111'lllll 1IIIf �I1111:11 1����` oil SEE . �� __ �_ :.:. �� • 111111.— — " �� � � �� �� � ter. � �� , -_° �'� ■w '� � �� I-i� � =� • -� �� �� 111111 � �� � 111 �C ���� \t' !..,.,,�L.�..r�� �u����r�= . �uuuu►�� � _ /I1i111111I 111i111i1 12 -13 REPORT NO.: CSD- 007 -13 vii) South Courtice Arena /Community Park PAGE 14 South Courtice Community Park is a 25.6 acre site which presently includes the South Courtice Arena and one outdoor soccer field with the design of an outdoor artificial field underway. The site is planned for expansion of both indoor and outdoor recreation facilities. The indoor expansion was planned to include two additional ice pads. An older adult centre could be accommodated on this site with adequate parking, access for tour buses and outdoor programming. However, this would require a review of the future expansion plan for indoor facilities. Public transit is presently available on Prestonvale Road. (Rating 38/50 = 76 %) I �I iilllllllll���l�ll�l��z#� • �1111�Ilillllll����j� • ����nuii��i�t�ux,.,�� 12 -14 7595 Prestonvale Road (South Courtice Arena) REPORT NO.: CSD- 007 -13 viii) Courtice Community Complex PAGE 15 The Courtice Community Complex is a 20.3 acre site with direct access to the Millennium Trail. This site currently has room for expansion to the west of the existing building; however this would require the closing of the outdoor soccer field immediately behind the building. An older adult centre could be accommodated on this site with adequate parking, access for tour buses and outdoor programming. At this time there are no current plans for expansion of indoor recreation at this location. Public transit is presently available on Courtice Road, although the length of the walk in from the road would be significant for some older adults. As with any sites currently being considered it may be possible to negotiate a transit stop in front of the building. (Rating 44/50 = 88 %) 12 -15 � ■■ 1�■ � ` ■ � • ��lim����llllllllllllilli� ■ Ur e !f il/ii ■� I��IIIIIIIIII iil . � . _� _= •� �iliiiifl �� ■ �I�Illlllllllii i[11111111111111� . ' 1 ■1 t1t1111� ��► . .1:�ii�i�uiiii 12 -15 REPORT NO.: CSD- 007 -13 ix) South Bowmanville Community ParklClarington Fields PAGE 16 This is a large parcel of land (59.45 acres) which currently includes an indoor soccer field, outdoor lacrosse bowl, baseball fields, football field and a number of temporary outdoor soccer fields, with future plans for expansion of both indoor and outdoor recreation facilities. An older adult centre could be accommodated on the site with adequate parking, access to tour buses and outdoor programming potential, however this would require a review of the overall expansion plan for indoor facilities. Public transit is currently available on Baseline RoadlWest Side Drive. (Rating 38150 = 76 %) 997 Green Road (Clarington Fields) 12 -16 "n tncn or,"IdF, Ap5 02 REPORT NO.: CSD- 007 -13 PAGE 17 x) Newcastle & District Recreation Complex The Newcastle & District Recreation Complex site is a 46.39 acre site which currently has a pool, gymnasium and program /meeting rooms. Currently there are no outdoor facilities in place. The site was originally designed for expansion of both indoor and outdoor recreation facilities including two additional ice pads. An older adult centre could be accommodated on this site with adequate parking, access for tour buses and outdoor program space; however this would require a review of the overall expansion plan for indoor and outdoor facilities. There is currently a public transit stop in front of the building. (Rating 42150 = 84 %) 12 -17 h� \III111111 /� ��� �� !11 1111 MW! �� f � - . - � � • � ___ - _ _ -. C_i_ C ►111 �� �� 1 � � � ` ' i • •��•— 11111 � _ _'"`1111111 �� 11111111111i 11111111111/ � +• �� � �►II111111 1111 f�/ ��Illllllllfl'lllllll ����� . _� •• 1111�1111�IIIIIII lll�lll ����il 111111 4 12 -17 REPORT NO.: CSD- 007 -13 PAGE 18 xi) 116 Ontario Street, Bowmanviile (Ontario Street Public School) Although this property is not presently deemed surplus by the Kawartha Pine Ridge District School Board there is speculation that it may be surplus in the near future. For that reason staff have included a review of this site for comparison purposes. This 3.0 acre site is situated within an established residential area and relatively close to the retail amenities of Liberty Street and downtown Bowmanville. Adequate parking, tour bus access, a kiss n' ride function and outdoor programming could potentially be accommodated with the removal of the portables. Public transit is available on Liberty Street. As this site is located in very close proximity to an established residential neighborhood it is possible that there could be similar community concerns with the re- development of this site that have been experienced on Beech Avenue. (Rating 44/50 = 88 %) 996 Ontario Street (Ontario Street Public School) 12 -18 61£L -E REPORT NO.: CSD- 007 -13 6.0 COMMENTS PAGE 19 6.1 Not unlike other municipalities in the Province, the number of older adults in Clarington is expected to increase steadily over the next 18 years. In 2031 it is anticipated that Clarington will be home to approximately 41,220 adults 50+ years, which represents a 56% increase over 2011. This information is derived from the Official Plan Review, Clarington Community Forecast Update 2012, prepared by Hemson Consulting Ltd. for the Planning Services Department. 6.2 In planning for the needs of any demographic it is important to ensure a long- term planning framework is in place to assist in responding to the current and future recreation needs. 6.3 The decision to acquire new land and/or construct a new community facility requires significant additional research to ensure that what is ultimately built meets the needs of the community today and well into the future. Prior to moving forward it would be prudent for Council to consider retaining a consultant to undertake an Older Adult Strategy that takes an in depth look at, • future growth needs and markets served within the older adult demographic • industry trends and current demands for new services /gap identification • assessing existing facilities and service delivery models • development of a long term older adult facility development plan 6.4 All individuals listed as interested parties in this report have been contacted and advised of the date this report will be coming forward to the General Purpose & Administration Committee, as well as how to obtain a copy of this report and appear as a delegation. 7.0 CONCURRENCE --- Not Applicable CONFORMITY WITH STRATEGIC PLAN -- Not Applicable Staff Contact: Joseph Caruaha, Director of Community Services Attachments: Attachment 1 - Terms of Reference for Beech Avenue Community Liaison Committee Attachment 2 - Site Evaluation Rating Form Attachment 3 - Summary of Evaluated Sites List of interested parties to be advised of Council's decision: Stephen Coles, President, Clarington Older Adult Association Cathie Ward, Vice President, Clarington Older Adult Association Jim Boate, 2" d Vice President, Clarington Older Adult Association 12--19 REPORT NO.: CSD- 007 -13 PAGE 20 Norma Evans, Secretary, Clarington Older Adult Association Malcolm McCombe, Director, Clarington Older Adult Centre Board Angie Darlison, Executive Director, Clarington Older Adult Association Kern Majid, President, Bowmanville Tennis Club Rod McArthur, Member, Bowmanville Tennis Club Ellen Logan, Member, Bowmanville Tennis Club Stephen Brickell, Member, Resident/Community Coalition Roland Kuijpers, Member, Resident/Community Coalition Bill Humber, Member, Resident/Community Coalition Laurie Cook, Member, Resident/Community Coalition Dr. Timothy James, Member, Bowmanville Tennis Club Lois Richards, Member, Clarington Older Adult Association and Bowmanville Tennis Club 12 -20 Attachment 1 to Report CSD- 007 -13 TERMS OF REFERENCE BEECH AVENUE COMMUNITY LIASION COMMITTEE BACKGROUND Beech Avenue is home to the Clarington Older Adult Association (COAA), the Bowmanville Tennis Club (BTC) and a number of private residences. While the BTC and the COAA have called 26 Beech Avenue their respective homes for many years, this arrangement /location has created, at times, an acrimonious relationship between the three (3) groups. At this time, a process is underway to identify a potential new home for the COAA; however it is anticipated that any re- location of the COAA may take several years to come to fruition. During the spring of 2012 individuals representing the three (3) groups did meet on several occasions to discuss the issue of parking. During the last meeting of this group (June `12) there was consensus from those in attendance that there would be a benefit to ongoing meetings and discussion between the groups. The establishment of this Committee would also support the COAA's strategic priority to be a "Respected Community Partner" as this Liaison Committee would assist in building a harmonious relationship between the parties for whatever duration the groups co -exist on Beech Avenue. MANDATE AND SCOPE OF ACTIVITIES The Committee will work cooperatively amongst members to build on an improved relationship and create an opportunity for open respectful dialogue between the neighbourhood residents, the BTC and the COAA. The Committee will share information and discuss issues of mutual interest. The discussion will focus on finding viable win /win solutions to identified issues, which recognize the interests of the neighbourhood, BTC and COAA. MEMBERSHIP The Committee shall be comprised, of representatives /members as follows: -two members plus one alternate from the Bowmanville Tennis Club -two members plus one alternate from the Clarington Older Adult Association -two members plus one alternate from the Resident /Community Coalition 12--21 Attachment 1 to Report CSD- 007 -13 STAFF RESOURCES The Community Services Department will provide a staff advisor to the Committee to assist with; -preparing and forwarding meeting materials to members; -professional advice on matters within the mandate of the Committee; -Generally, Committee members are selected to be able to carry out the mandate of the Committee. Staff resources are provided only to assist the Committee in undertaking their mandate. Additional requests of resource staff, such as original research or organization of events shall be at the discretion of the Department Head and within staff, time and budget constraints. The Committee will meet quarterly but can meet more frequently should there be a need to address a specific issue. CHAIR AND VICE -CHAIR The Committee shall select a Chair and Vice -Chair from among its membership. The Chair and Vice -Chair will rotate on an annual basis or as determined by the committee. The Community Services Liaison will act as Chair of the Committee for the initial meeting until a Chair and Vice - -Chair is selected. The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and Staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. If the Chair is temporarily absent, the Vice -Chair shall assume the position and responsibilities of the Chair in the interim. RESPONSIBILITIES AND OBLIGATIONS OF MEMBERS All Committee members shall abide by the Terms of Reference for the Committee as approved by Council. Members must also be willing to commit the time required, as well as be open - minded to various opinions, perspectives and solutions. The Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee, unless specifically authorized by Council resolution. Members unable to attend a Committee meeting shall notify the staff liaison at 12--22 Attachment 1 to Report CSD- 007 -13 least 24 hours in advance (wherever possible). Members unable to attend a meeting can send the designated alternate in their place. Members who wish to resign shall notify the Chair and staff liaison in writing of their decision. The staff liaison will contact the respective organization for a new representative. QUORUM AND VOTING In order for this liaison committee to be successful any decision.or action needs to be arrived at by open dialogue and consensus building. Discussions will focus on increasing understanding and perspective on issues in the hope that solutions can be mutually agreed upon 'at the organizational level. All decisions /action must be reached by consensus as voting will not take place. Major issues where consensus cannot be reached will be escalated to the staff /Council level. MEETINGS Committee meetings shall generally be held at a Municipality of Clarington building /facility, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair or the staff liaison. Committee meetings shall generally occur quarterly; however, the Chair may schedule additional meetings or cancel meetings at his/her discretion and after consulting with the staff liaison. Meeting minutes will be recorded by a committee member on a rotating basis. REPORTING AND COMMUNICATIONS The minutes of all Committee meetings shall be reviewed by the staff liaison and forwarded to Council for information. The Chair shall appear at a Council meeting each year to provide an annual update. 12-23 12-2 p C 5 q 0 z co 0 b « N N m N N m N N M `� \ F C N x DO d } �- r � N M1yJ V a co U rn @ N m m N m m .-i vl 41 - N M 1��0 t a O m •4 0) N co N ✓+ N u] m m m N N N ry p Q ¢ Q ¢N Q o 0 M v � d' m h O Z O z z z z sx n n p Z o U 0 U 0 U N H O E °z z z z z } o z U C '' N m i!1 O i~�i G =� j 4 N M O ri r1 ri N FQ a n � o U C M N O o N N CO F- tp b O tS 49 U 4m '� YJ W N Lo LO >n � ch LO U) p F '� C b ¢ O •@ � yJ @ d c t iY rn Z O z h } } 7 t N 4 C m 40 M to try M N N to O M dco C3 3 d y y y h O z O N Z h r' Q M } } } c @ m o [ ar x LU x ih to U'� U') LO Lo to to Un to t 0 0 7 N O T to c ' O y @ Z O 'U vi fir' d y g C o 0 N y "3 (b U 04 W �c v— az Q_ U y A .� N •V N i--• c V F- p @� .v y y n @c f4 v t0. g a {L N U 's'+ E LU •v UUW -j Q a . 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(a +-O to (6 0 u co Vt Is o o C w tE) al o U � m O 0 Z aQ ca M ca +� 0 Lm n m O sr t CE E C: u ' O V) O 4 o O ° a� 7 a o Ln 4-+ c � m � co m CD 0 v, a U ay � o� {' Co C U rn d CD Ln N w N dS co Q (� Co Lo O N O co H N fn (o O f• Q V) to N 0 N ° U �I- V) fn al N c 3 a7 i1 f rl Z3 t ° w a co p © O O O O O C /✓ G C C V a o a a n g o t' a a V) o S.. _ L L .L n fp CG (4 � ( CS � S6 D "!6 CC CC C X O 41 • 'L 41 N 'y; Q x a as V1 V) +� fa r E EL U v U fu d �_ by C E ❑ - U a� L a GI O 4% O O U O a O a @ z O U M: N �° w o U U v) U U V) U U a: V) - ? > > x x x 12 -25 Cladtwn N COMMUNITY SERVICESDEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -law #: N/A Report #: CSD -008 -13 File #: Subiect: SALE OF HOCKEY ARTIFACTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD - 008 -13 be received; 2. THAT the Purchasing By -law be waived for this transaction; 3. THAT staff be authorized to sell the approximately 1,304 Hockey Artifacts to Mr. Garry Meyer and Mr. Mike Wigston for the amount of $50,000; 4. THAT the funds received through the sale of the artifacts be deposited into the C.S. Capital Reserve Account; 5. THAT the Municipality of Clarington be responsible for shipping costs of the Hockey Artifacts to Edmonton, Alberta; and 6. THAT Mr. Garry Meyer and Mr. Mike Wigston be advised of Council's decision. Submitted by: Reviewed by: Jos P. Caruana Franklin Wu, Dir to , Community Chief Administrative Officer JP(/ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, SOWMANVILLE, ONTARIO L IC 3A6 T 905 - 623 -3379 12--26 REPORT NO.. CSD- 008 -13 1.0 BACKGROUND PAGE 2 1.1 In October of 2003, the Municipality by agreement with Brian McFarlane, Joan McFarlane, Brian McFarlane's Hockey Museum Inc. and Sports Family Limited purchased the following; ® Approximately 1,300 Hockey Artifacts from Brian McFarlane's Hockey Museum • Exclusive rights to use the name of Brian McFarlane in connection with the display of the artifacts • Consulting services provided by Mr. Brian McFarlane for a period of three (3) years • Mr. McFarlane's assistance in attracting well known hockey personalities for the purpose of promoting the artifact display • A limited licerise from Sports Family Limited (McFarlane) to use the name and image of Peter Puck in connection with the artifact displays 1.2 The purchase price for the artifacts, limited "Peter Puck" license and Mr. McFarlane's personal services was two - hundred and twenty -five thousand dollars ($225,000). 1.3 In October of 2006 the Municipality hosted the grand opening of Total Hockey, a facility and display of the artifacts purchased from Mr. McFarlane. Subsequently, in February of 2008 Total Hockey was closed at the direction of Council. 1.4 In June of 2008 the Municipality contracted Mr. Ray Sandre to perform an appraisal of the artifact collection. The appraised value of the collection was established at fifty -one thousand, eight hundred and ten dollars ($51,810). 1.5 In July of 2008 Council directed staff to issue an RFP for the sale of the Hockey Artifacts and the "Total Hockey" trademark. 1.6 In November of 2008 staff reported the results of the RFP where one bid was received for a portion of the collection and another bid was received for the entire collection. No bids were received for the "Total Hockey" trademark. 1.7 Council did not accept either of the bids and provided direction to store the artifacts. 1.8 Subsequently, in June of 2009, Report COD - 048 -09 "Total Hockey Official Mark" was approved, authorizing a contract between the Corporation of the Municipality of Clarington and Total Hockey Worldwide LLC., Lakeville, MN to enter into agreement for the release of the Total Hockey Official Mark (By -law 2009 -097). 12 -27 REPORT NO.. CSD- 008 -13 2.0 EXPRESSION OF INTEREST PAGE 3 2.1 Since the collection has been in storage (2008) staff from time to time has been contacted as to the availability and price of the collection. Each inquiry has been provided a pictorial overview of the complete collection and staff has made themselves available to meet with any potential purchasers. Each inquiry resulted in no further action being taken. 2.2 In November of 2012 staff received an email from Mr. Garry Meyer of Edmonton, Alberta, explaining that through discussions with Mr. McFarlane he had learned that the Municipality owned Mr. McFarlane's former collection and inquired as to the Municipality's interest in selling. 2.3 After a series of emails and a visit from Mr. Meyer and his partner Mr. Mike Wigston for the purpose of viewing the collection, staff has received an offer from Mr. Meyer and, Mr. Wigston in the amount of fifty thousand dollars ($50,000) for the collection and the Municipality would absorb the costs of shipping the collection to Edmonton. A preliminary estimate for shipping is approximately $2,500. 3.0 COMMENTS 3.1 Staff is recommending that Council approve the sale of the Hockey Artifacts to Mr. Garry Meyer and Mr. Mike Wigston in the amount of $50,000 and that the Municipality pay for the cost of shipping to Edmonton. 3.2 Staff is also recommending that the Purchasing By -law be waived for this transaction as the RFP process has previously been undertaken with no productive results and there is a very specialized, limited market for the assets recommended for sale. 3.3 The artifacts are currently in good condition and are being stored as directed in a heated area within a municipal facility. 3.4 At some point in time there may be a need to invest in the preservation of some of the artifacts. Over time many of the items in the collection (hockey sweaters, hockey sticks, printed material and photographs) will be susceptible to deterioration without ongoing care and maintenance. 4.0 CONCURRENCE: 4.1 This report has been reviewed by Nancy Taylor, Director of Finance and Jerry Barber, Purchasing Manager who concur with the recommendations. 12--28 REPORT NO.: CSD- 008 -13 PAGE 4 5.0 CONCLUSION 5.1 Unless the Municipality identifies a need or use of the Hockey Artifact collection it is the opinion of staff that the collection be sold. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Joseph P. Caruana, Director of Community Services List of interested parties to be advised of Council's decision: Mr. Garry Meyer, Managing Director, Edmonton Oilers Alumni Association Mr. Mike Wigston, Red Planet Trucking Ltd. 12 -29 Clarington REPOR Imm WM COMMUNITY SERVICES DEPARTMENI Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -taw #. N/A Report #: CSD -009 -13 Fite #: Subiect: SCHEDULE OF RATES AND FEES 2013/14 - 2014/15 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD -009 -13 be received; and 2. THAT Council approve Attachment 1 of Report CSD - 009 -13 Schedule of Rates and Fees for the two (2) year period, September 1, 2013 to August 31, 2015. Submitted by: JPC /sm Jo6e6h P. Caruana ctor, Community Services Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, 8OWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 12 -30 REPORT NO.: CSD- 009 -13 1.0 BACKGROUND PAGE 2 1.1 In June 2011 Council approved Report CSD - 012 -11 which recommended rates and fees associated with municipal recreation programs, facilities and services for the period September 1, 2011 to August 31, 2013. 1.2 The Community Services Department completes a review and recommends revisions to established rates and fees every two (2) years. Proposed rates and fees in this report are similar to previous years in that any proposed changes would be effective annually on September 1st (2013 and 2014). 1.3 The Community Services Department continues to strive for fiscal accountability while ensuring the delivery of quality programs and services to our residents. During the review of current rates and fees staff have taken into account the direct costs to provide the program or service and where possible, a comparison of similar programs in neighbouring municipalities. 1.4 Harmonized Sales Tax (HST) where applicable would be in addition to the Community Services rates and fees shown in Attachment 1. 2.0 SUMMARY OF PROPOSED CHANGES 2.1 Pay -as- you -go Activities i) Community Services strives to maintain the fees for pay -as- you -go activities as low cost opportunities where everyone in the community has the opportunity to participate. ii) At this time, staff are recommending minor fee adjustments in this area. Some pay -as- you -go fees may show a slight increase or decrease in order to have the tax inclusive price rounded to the nearest nickel. iii) After review of other municipal rates, a reduction to the Adult Shinny Hockey rate is being proposed. This rate will then be aligned with Ticket Ice. 2.2 10 Visit Passes i) The fees for 10 visit passes are based on the pay -as- you -go rate for the activity. Fee adjustments in this area are also nominal at this time and primarily a result of price consistency. Generally 10 visit pass pricing provides one free visit (9 X the unit price). ii) New to this area is the introduction of a 10 ticket special that will be sold during the month of June to promote ,tune is Recreation & Parks month and the month of December as an incentive to give the gift of physical 12--31 REPORT NO.: CSD- 009 -13 PAGE 3 activity for the holidays. In both of these cases these passes do have an expiry date to encourage their regular use. The rates for 10 visit passes for Ticket Ice, Adult Shinny and Drop in Soccer have been adjusted to reflect the 10'h visit free concept. 2.3 Memberships i} As a part of this fees and rates review staff have revamped the current membership structure in an attempt to better meet the needs of our community. ii) SUMMARY OF MEMBERSHIP CHANGES Membership Type Proposed Change Rationale Fitness Membership New Category Currently the fitness centre membership includes Basic (Fitness Centre, group fitness classes. Swim, Skate) This membership will provide a lower cost option (NEW) for members who do not wish to attend group fitness classes. Group Fitness Revised membership An option for members who do not wish to use the Membership to include all regularly fitness centre but do regularly attend classes. This scheduled group membership now provides an option for individuals fitness classes at the Courtice Community Complex to purchase a (previously this group fitness membership at a lower cost than they membership has been currently pay for the combined membership. This limited to Newcastle & membership will also now provide access to a District Recreation greater number of classes for individuals who have Complex classes) previously purchased the Newcastle specific group fitness membership. Fitness Centre Introduction of a six As a result of customer feedback, this report Memberships (6) month term and includes the addition of a six (6) month term for deletion of the one (1) Fitness Centre memberships as well as the month term deletion of the one (1) month term which is undersubscribed. Family Membership New Category Family — Two (2) adults and their children who are enrolled in full time school living at the same (NEW) In an attempt to address (children must be 15 yrs to access the encourage families to Fitness Centre or completed the Teen Weight participate together Training Program). Under age children will receive this membership a swim/skate membership. category has been developed 12 -32 REPORT NO.: CSD- 009 -13 PAGE 4 Additional Adult Rate Has been With an increase in membership options (allowing discontinued people to- pay for exactly what they are using) and the introduction of the Family Membership we have discontinued the "additional individual" price. Senior/Youth Rate Revised to 50% of the As is the case in many municipalities and'with adult rate other Community Services Department programs it is proposed that all "senior /youth" membership rates be reduced to 50% of the adult rate. Fitness Centre Plus Revised to 15% In order to continue to meet revenue targets staff Membership discount on the Adult are attempting to put a membership structure in Corporate /Group Rate membership rate (for place that meets the needs of the majority of users. 10 or more The continuation of deeply discounting employees /groups) membership prices will impact total revenues. Available on the Fitness Centre Plus membership only Fitness Centre Proposed that all In order to ensure a consistent pricing methodoiogy Membership Term membership terms be across the various membership categories all Pricing calculated based on a prices are based on a percentage of the annual percentage of an membership. annual membership: The 3 month Group Fitness Classes is based on a 6 month = 65% of slightly higher percentage as registration fees must annual - also be taken into account. Under the current price a 3 month group fitness membership would be 3 month = 38% of advantageous for anyone attending 3 or more annual classes per week. Group Fitness = 46% 2.4 Squash Programs Now that the Clarington Squash Club has been established all squash programs operate under the authority of the club. As a'result, all squash programs have been discontinued as municipal programs and have been assumed by the Clarington Squash Club. 2.5 Facility Rental Rates The proposed rates are intended to maintain a nominal increase to all facility rates to assist in offsetting increasing operating costs. During our review of surrounding Durham municipalities and their facility rates, the intention is to maintain competitive rates that are generally set in the average range. As the most eastern Durham municipality we also have to consider the rates of municipalities outside Durham Region, which are generally lower than our Region. Facility ice, floor and indoor soccer rentals represent more than 50% of 12 -33 REPORT NO.: CSD- 009 -13 PAGE 5 the annual facilities revenue and must remain fair to our youth and adult facility users while also addressing annual operating costs. 3.0 COMMENTS 3.1 Generally, proposed fee increases found in Attachment 1 for the majority of programs, services and rentals range between 1 % and 3 %, with the exception of Discount Ice, which is 5 %. 3.2 The Community Services Department continues to focus efforts on maintaining quality services at affordable prices. In most cases program user fees are calculated on a cost recovery basis and assist in the reduction of department operational costs. Community Services continues to offer basic tax subsidized recreation opportunities at a nominal cost (public swimming /skating) or no cost (mobile playgrounds, youth basketball and Grade 5 Action Pass). These opportunities are deemed as essential services for any healthy community and should be maintained at low or no cost where possible. 3.3 While setting fees for 2013 and 2014115 staff considered increased operational costs as well as the impact of current economic conditions. 4.0 CONCURRENCE -- Not Applicable CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ 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: Sharon Meredith, Manager Recreation Services George Acorn, Facilities Manager Attachments: Attachment 1 - Schedule of Rates and Fees 2013/14 — 2014/15 12 -34 N I w Municipality of-Clarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Swim /Skate . Adult per visit $3.54 $3.54 $3.54 Youth per visit $2.75 $2.75 $2.75 Senior per visit $2.74 $2.74 $2.74 Family /Group (max 5, 2 adults) 3 yrs & under per visit per visit $8.85 Complimentary $8.85 Complimentary $8.85 Complimentary Shinny Adult per visit $6.37 $6.20 $6.20 Youth per visit $4.50 $4.50 $4.50 Shinny 55 55 yrs+ per visit $4.42 $4.42 $4.42 Skate 55 55 yrs+ per visit Complimentary Complimentary Complimentary Parent & Tot Skate Parents & Tots per visit Complimentary Complimentary Complimentary Ticket Ice - Figure Skating Ali per hour $6.19 $6.20 $6.20 Indoor Soccer Adult per visit $6.19 $6.20 $6.20 Aquafit Adult per visit $8.41 $8.59 $8.76 Youth per visit $4.25 $4.30 $4.40 Senior per visit $4.25 $4.29 $4.38 Fitness Centre (CCC) Adult pervisit $8.94 $9.03 $9.11 Youth per visit $4.75 $4.50 $4.55 Senior per visit $4.78 $4.51 $4.56 Group Fitness Class Adult per class $6.55 $6.681 $6.81 Pay -Go Activities (All) Page 1 R t7 Q O 0 O O -Y rt 0 6 0 t0 w j N I W cs� PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Youth per class $3.30 $3.35 $3.40 Senior per class $3.27 $3.32 $3.41 After School Program Youth per visit $1.00 Discontinue Discontinue Pre -Teen Dances Gr 5 -8 per dance $9.00 $9.00 $9.00 Squash Adu t per 40 min $7.95 $8.05 $8.05 Youth per 40 min $4.00 $4.05 $4.05 Senior per 40 min $3.98 $3.98 $3.98 Sports Drop -in Adult per visit $4.82 $4.87 $4.87 Sports Drop -in Youth per visit Complimentary Complimentary Complimentary Sports.Drop -in ISenior per visit $2.391 $2.44 $2.44 Pay -Go Activities (All) Page 2 N I CA) Municipality of Clarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Swim /Skate Adult 10 visits $31.85 $31.86 $31,86 Youth 10 visits $24.75 $24.75 $24,75 Senior 10 visits $24.65 $24.78 $24.78 Family /Group (5 max, 2 adults) 10 visits $78.50 $79,21 $79.64 10 Ticket Special Swim /Skate- December & JRPM Adult 10 visits $20.00 $20.35 $20.35 Youth Senior 10 visits 10 visits $10.00 $10.00 $10.15 $10.18 $10.15 $10.18 10 Ticket Special Group Fitness - December & JRPM Family /Group (5 max, 2 adults) Adult 10 visits 10 visits $50.00 $45.00 $50.89 $46.02 $50.89 $46.02 Youth 10 visits $20.00 $20.45 $20.45 Senior 10 visits $20.00 $20.45 $20.45 10 Ticket Special Fitness Facility December & JRPM Adult 10 visits $60.00 $61.06 $61.06 Youth 10 visits $30.00 $30.53 $30.53 Senior 10 visits $30.00 $30.53 $30,53 Shinny Adult 10 visits $57.30 $55.75 $55.75 Youth 10 visits $40.45 $40.50 $40.50 Shinny 55 Adult 10 visits $39.80 $39.82 $39.82 Ticket Ice All 10 visits $57.50 $55.75 $55,75 10 Visit Passes (All) Page 3 N ca on PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 1, 2014 - Proposed Fees Drop In Soccer Adult 10 visits $57.50 $55.75 $55.75 Fitness Centre Adult 10 visits $80.50 $81.25 $82.00 (includes use of fitness centre and Youth 10 visits $40.25 $40.63 $41.00 attendance at group fitness class Senior 10 visits $40.25 $40.63 $41.00 on same visit) Group Fitness Class Adult 10 classes $55.00 $56.10 $57.22 Youth 10 classes $27.50 $28.05 $28.61 Senior 10 classes $27.50 $28.05 $28.61 After School Program Youth 10 visits $9.00 Disci Disc Squash Adult 10 visits $71.65 $72.45 $72.45 Youth 10 visits $36-00 $36.23 $36.23 Senior 10 visits $36.00 $36.23 $36.23 Sports Drop -in jAdult 10 visits $43.401 $43.83 $43.83 Sports Drop -in ISenior 10 visits $21,501 $21.92 21•92 10 Visit Passes (All) Page 4 j N w Municipality of Clarington cs� 2013/2014 USER FEES PROGRAM CATEGORY DURATION Clarington Sept. 12013 Sept. 12014 OR SERVICE (youth, adult, senior) (hrs X wks) }.(Current) Proposed Fees Proposed Fees Fitness Membership Basic (CCC) *includes fitness centre and recreational swimming and skating at any Municipal Facility Adult Annual New category' $350.00 $360.50 Senior Annual New category $175.00 $180.25 Youth Annual New category $175.00 $180.25 Post Secondary Student Annual New category $262.50 $270.50 Family - 2 adults and their children who are enrolled in FT school living at the same address (children must be 15 yrs to access the Fitness Centre or completed the Teen Weight Training Program Annual New category $746.25 $768.75 Adult 6 months New category $227.50 $234.25 Senior 6 months New category. $113.75 $117.7.5 Youth 6 months New category $113.75 $117.15 Post Secondary Student 6 months New category $170.63 $175.75 Adult 3 months New category $133.00 $137.00 Senior 3 months New category 1 $66.50 $68.50 Youth 3 months New category $66.50 $68.50 Post Secondary Student 3 months New category $99.75 $7.02.75 Fitness Membership Basic CCC Page 5 Municipality of Clarington 2013/2014 USER FEES PROGRAM CATEGORY DURATION Clarington Sept. 1.2013 Sept. 12014 OR SERVICE (youth, adult, senior) (hrs. X wks) (Current) Proposed Fees Proposed Fees Fitness Membership Plus (CCC) *includes fitness centre, group fitness classes, Squash (CFC) and recreational swimming and skating at any Municipal Facility Adult Annual $451.00 $464.53 $478.47 Senior Annual $335.00 232.27 $239.23 Youth Annual $335.00 232.27 $239.23 Additional Adult (Family Discount) Annual $340.00 Discontinue Discontinue Additional Senior (Family Discount) Annual $222.00 Discontinue Discontinue Additional Youth (Family Discount) Annual $222.00 Discontinue Discontinue Post Secondary Student Annual New $348.40 $358.85 Group /Corporate (min 10 individuals) Annual $340.00 $394.85 $406.70 Family - 2 adults and their children who are enrolled in FT school living at the same address (children must be 15 yrs to access the Fitness Centre or completed the Teen Weight Training Program Annual New $1,000.00 $1,030.00 6 months - Adult 6 months New Category $301.94 $311.00 6 months - Senior 6 months I New Category , $150.97 $155.50 6 months - Youth 6 months New Category $150.97 $x55.50 N I 0 Fitness Membership Plus (CCC) Page 6 ,t! .p 1 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Claringtan (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees 6 months - Post Secondary Student 6 months New Category $226.46 $233.25 Adult 3 month $171.00 $176.52 $181.82 Senior 3 month $149.00 $.88.26 $90.91 Youth 3 month $149.00 $88.26 $90.91 $139.02 Post Secondary Student 3 months $168 / 4 months $133.68 Adult 1 month $80.00 Discontinue Discontinue Senior 1 month $70.75 Discontinue Discontinue Youth 1 month $70.75 Discontinue Discontinue Fitness Membership Plus (CCC) Page 7 Municipality of Clarington 2013/2014 USER RATES PROGRAM CATEGORY DURATION Clarington Sept. 12013 Sept. 12014 OR SERVICE (youth, adult, senior) (hrs X wks) (Current) Proposed Fees Proposed Fees Group Fitness Membership Adult Annual $265.00 $272.95 $281.14 *Includes group fitness classes listed on the Group Rtness Schedule Senior Annual $133.00 $136.48 $140.57 Youth Annual $133.00 $136.48 $140.57 Post Secondary Student Annual New $122.00 $204.71 $125.66 $210.86 $129.43 Adult 3 month Senior 3 month $66.00 $62.83 $64.71 Youth 3 month $66.00 $62.83 $64.71 Post Secondary Student 3 month New $94.25 $97.07 l -P Group f=itness Membership Page 8 to I .p w Municipality of Clarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposer! Fees Sept. 12014 Proposed Fees Swim /Skate Adult Annual $156.00 $160.68 $165.50 Senior Annual $84.00 $80.34 $82,75 Youth Annual $79.00 $80.34 $82.75 Post Secondary Student Annual New $120.51 $124.13 Group /Family (max 5, 2 adults) Annual $291.00 $299.73 $308.72 Adult 3 month $127.00 $61.06 $62.89 Senior 3 month $55.00 $30.53 $31.45 Youth 3 month $55.00 $30.53 $31.45 Post Secon d a ry Stu d e nt 3 months New 45.79 $47.16 Adult 1 month $39.00 Discontinue Discontinue Senior 1 month $22.25 Discontinue Discontinue Youth 1 month $22.25 Discontinue Discontinue Group / Famiiy (Max 5, 2 adults) 1 month $63.00 Discontinue Discontinue Swim -Skate Page 9 Municipality of Clarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed fees Squash Adult Annual $223.00 N/A $229.69 *Includes squash (CFC) and recreational swimming at any pool Senior Annual $112.00 N/A $114.85 Youth Annual $112.00 N/A $114.85 Additional Adult (Family Discount) Annual $190.00 N/A Discontinue Additional Senior (Family Discount) Annual $95.00 N/A Discontinue Additional youth (Family Discount) Annual $95.00 N/A Discontinue Adult 3 month $127.00 N/A $87.28 Senior 3 month $55.00 N/A $43.64 Youth 3 month $55.00 N/A $43.64 N I -P -P Squash Page 10 I Municipality of Ciarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Red Cross Swim - Preschool Youth 30 min X 10 wks = 5 hrs $81.50 $83.13 $84.79 Red Cross Swim Kids - Level 1 -4 Red Cross Swim Kids Level 5 -10 Private -1:1 ratio Youth Youth Youth 30 min X 10 wks = 5 hrs 45 min X 10 wks =7.5 hrs 30 min X 10 wks = 5 hrs $81.50 $86.00 $250.50 $83.13 $87.72 $255.51 $84.79 $89.47 $260.62 Private -1:1 ratio Youth 30 min x 5 wks = 2.5 hrs $125.25 $127.76 $130.31 Semi- Private 2:1 ratio Youth 30 min X 10 wks = 5 hrs $156.75 $159.89 $163.08 Semi- Private 2:1 ratio Youth 30 min x 5 wks = 2.5 hrs $78.25 $79.82 $8141 Bronze Star Youth 60 min x 10 wks =10 hrs $91.00 $92.82 $94.68 Bronze Medallion & Emerg First Aid (inel exam) Leadership 2 hrs x 11 wks = 22 hrs $158.25 $161.42 $164.64 Bronze Cross (incl exam) Leadership 2 hrs x 11 wks = 22 hrs $144.00 $146.88 $149.82 Red Cross Assistant Water Safety Inst. (incl manuals) Leadership 3 hrs x 10 wks = 30 hrs $220.75 $225.17 $229,67 Red Cross & Lifesaving Society Inst. (incl manual) Leadership 50 hrs $262.50 $267.75 $273.12 National Lifesaving Society (NLS) (incl manual) Red Cross Inst. Recerl Leadership Leadership 40 hrs 4 -6 hrs $248.25 $71.50 $253.22 $72.93 $258.28 $74.39 National Lifesaving Society (NLS) Recert Leadership 6 hrs $71.50 $72.93 $74.39 Adult Instruction (LTS and Swim Strokes) Adult 45 min X 10 wks =7.5 hrs $85.75 $87.47 $89.21 Senior 45 min X 10 wks =7.5 hrs $43.00 $43.86 $44.74 Adult Bronze Med /Cross /SFA (inci manual & exam) Adult 2.5 hrs x 11 wks = 25 hrs $170.00 $173.40 $176.87 Red Cross Swim for Teens - Basics (LTS) Teen 45 min X 10 wks =7.5 hrs $40.00 $40.80 $41.62 Red Cross Swim for Teens - Strokes Peen 45 min X 10 wks =7.5 hrs $84.00 $85.68 $87.39 Aquafit -1X per week Adult 12 cis X 1 hr =12 hrs $90.00 $90.90 $91.81 Senior 12 cis X 1 hr =12 hrs $45.00 $45.45 $45.90 Aquafit - 2X per week Adult 24 cls X 1 hr = 24 hrs $172.00 -$173-72 $175.46 Senior 24 cis X 1 hr = 24 hrs $86.00 $86.86 $87.73 Aquafit - 3X per week Adult 136 Senior J36 cls X 1 hr = 36 hrs cls X 1 hr = 36 hrs $229.00 r $114.00 $233.58 $116.28 $238.25 $118.61 Aquatic Programs Page 11 1 N I cr PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Diaper Fit Parent & Tot 10 wks X 1 hr =10 hrs $81.75 Discontinue Discontinue Water Explorers Parent & Tot 10 wks X 1 hr =10 hrs $79.50 Discontinue Discontinue Standard First Aid /CPR C (incl manual) Youth /Adult 16 hrs $87.50 $89.25 $91.04 Standard First Aid /CPR C Recert Youth /Adult 8 hrs $64.50 $65.79 $67.11 Aquatic Programs Page 12 N l -.J Municipality of Ciarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Ciarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Summer /March Break Camps Camp - General (Kinder, Eco, Sports, Arts, S'Amuse Avec Amis) Youth 7.5 hrs X 5 clays =37.5 hrs $150.00 $153.00 $156.00 Camp Specialized - Lvi. 1 (1R Chef Camp, Outdoor Adventure Camp Intl bussing) Youth 7.5 hrs X 5 days--37.5 hrs $155.00 $159.65 $164,30 Camp Specialized - Lvl. 2 (Trip Camp, Hockey & Leadership Camp) Youth 7.5 hrs X 5 days=37.5 hrs $200.00 $206.00 $212.00 Drama Camp Youth 7.5 hrs X 5 days =37.5 hrs $200.00 $180.00 $380.00 Counsellor in Training Camp Youth 7.5 hrs X 10 days =75 hrs $318.00 $318.00 $318.00 Before & After Care (weekly) Youth per wk am & pm $40,00 $40.00 $4000 Mobile Playgrounds Children dally Complimentary Complimentary Complimentary Recreation Programs PA Day Program Youth 7.5 hrs $31.50 $32.13 $32.76 PA Day Program Extended Care Youth per day, a.m. & p.m. $8.00 $8.16 $8.32 Preschool Programs Pre - school 45 mins X 10 wks= 7.5hrs $62.63 $62.63 $62.63 Wee Wigglers Pre - school 45 min X 10 wk5 =7.S hrs $83.25 $84.50 $85.75 Salsa Babies Pa rent &Tot I hr 10wl(s =10 hrs . $125.00. Discontinue Discontinue Sportball 2•-3 yrs 45 min X 10 wks = 7.5 hrs $155.00 $160.04 $165.00 Sportball 3 -8 yrs 1 hr X.10 wks = 10 hrs $155.00 $160.04 $165.00 Dance Children 30 min X 10 wks = 5 hrs $42,50 $43.78 $45.05 Instructional Babysitting Youth 1.5 hrs X 10 wks =15 hrs $49.25 $50.24 $51.22 Guitar Lesson Youth 1 hr X 10 wks =10 hrs $62.25 $64.12 $6602 Hip Mop Dance Youth 1 hrX 10 wks =10 hrs $64.25 $65.05 $66.02 Glee Club 10 -14 yrs Youth 1.5 hrs X 10 wks =15 hrs $64.25 $65.05 $66.02 Creative Kids /Glee 7 -9 yrs Youth I hr X 10 wks =10 hrs $46,00 $47.38 $48.76 Super Cool Science Youth 1 hr X 10 wks =1D hrs $4.x.75 $47.35 $48,75 Lego Club Youth 1 hr X 10 wks =10 hrs $46.00 $47.3$ $48.76 Shake It Up Youth 1 hr)( 10 wks = 10 hrs $46.00 $47.38 $48.76 Floor Hockey Youth 1 hr X 10 wks = 20 hrs $30.00 $31,20 $32,40 Dodgeball Youth 1 hr X 10 wks =10 hrs $30.00 $31.20 $32.40 Kids in Action Youth 1 hr X 10 wks =10 hrs $30.00 $31.20 $32.40 Recreation Programs & Camps Page 13 1V i -P co PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Game Time Youth 1 hr X 10 wks = 10 hrs $30.00 $31.20 $32.40 Basketball /Badminton Youth 1 hr X 10 wks = 10 hrs $36.00 $36.90 $37.80 Volleyball Youth 1 hr X 10 wks = 10 hrs $35.00 $36.40 $37.80 Intro to Lacrosse Youth 1 hr X 10 wks = 10 hrs $36.00 $36.90 $37.80 Skateboarding Youth 1 hrs X 4 wks = 4 hrs $42.50 $43.78 $45.05 Cooking Classes Youth 1-5 hrs X 10 wks=15 hrs $91.50 $91.50 $91.50 House League Sports Youth 1.25 hrs X7.0 wks =12.5 hrs $80.00 $80.00 $80.00 House League Sports Adult 1.25 hrs X 10 wks =12.5 hrs $125.00 $128.75 $132.50 Ballroom Dance Instruction (Couples) Adult 1.5 hrs X 10 wks =15 hrs $125.00 $128.75 $132.50 Basketball /Volleyball /Floor Hockey /Badminton /Pickleball Adult 1.5 hrs X 10 wks =15 hrs $61.20 $55.08 $55.08 Prindples of Healthy Child Development (PHCD) Youth 7 hrs $59.50 $60.69 $61.88 Workshops Children /Youth per hour New $8.00 $8.24 Workshops Adult per hour New $10.00 $10.30 Birthday Parties Children/Youth 2 hrs, up to 12 children $160.00 $163,201 $166.40 2 hrs, up to 16 children $210.001 $214.201 $218.40 Recreation Programs & Camps Page 14 N i w Municipality of Clarington 2013 /2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Group Fitness Class Adult 1 hr X 12 weeks (12 hrs) $56.75 $58.45 $64.21 Senior/Youth 1 hr X 1� weeks (12 hrs) $29.00 $29,22 $30.11 Learn to Run - 5 km Adult 1hr X 12 weeks (12 hrs) $63.75 $63.75 $63.75 Senior/Youth 1 hr X 12 weeks (12 hrs) $31.75 $31.87 $31.87 Learn to Run - 5 km Plus *incl 10 visit pass to fitness centre Adult 1 hr X 12 weeks (12 firs) $103.50 $103.50 $103.50 Senior /Youth 1 hr X 12 weeks (12 hrs) $51.75 $51.75 $51.75 Learn to Run - 10 km Adult 1.5 hrs X 12 wks + 18 hrs $74.00 $76.22 $78.51 Senior /Youth 1.5 hrs X,12 wks + 18 hrs $37.00 $38.11 $39.25 Learn to Run -10 km Plus *incl 10 visit pass to fitness centre Adult 1.5 hrs X 12 wks + 18 hrs $112.75 $116.13 $119.62 Senior/Youth 1.5 hrs X 12 wks + 18 hrs $56.50 $58.06 $59.80 Strength Training (women's & men's & older adults ) !Adult 1 hr X 12 wks =12 hrs $55.25 $56.91 $58.61 Senior /Youth 1 hr X 12 wks =12 hrs $27.50 $28.45 $29.30 Strength Training (women's & men's) + 10 visit passes to Fitnes Adult 1 hr X.12 wks =12 hrs $101.50 $104.55 $107.68 Senior/Youth 1 hr X 12 wks =12 hrs $50.50 $52.27 $53.84 Strength Training (older adult) Adult 1 hr X 12 wks =12 hrs $47.85 Discontinue Discontinue Senior 1 hr X 12 wks =12 hrs $23.90 Discontinue Discontinue Strength Training (older adult) + 10 visit pass Adult 1 hr X 12 wks =12 hrs $92.30 Discontinue Discontinue Senior 1 hr X 12 wks =12 hrs $46.15 Discontinue Discontinue Post cardiac Rehab Adult 1 hr X 12 wks =12 hrs $47.00 Discontinue Discontinue Senior 1 hr 12 wks =12 hrs $23.50 Discontinuel Discontinue Fitness Programs Page 15 [V E C37 O PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Bootcamp Adult Senior /Youth 2 hrs X 8 wks= 16 hrs 2 hrs X 8 wks= 16 hrs $84.00 $42.00 $86.52 $43.26 $89.12 $44.56 Bootcamp + 10 visit passes to Fitness Centre Adult Senior /Youth 2 hrs X 8 wks= 16 hrs 2 hrs X 8 wks= 16 hrs $127.75 $63.75 $131.58 $65.79 $135.53 $67.76 Fit Club Youth 1hrX 5 wks = 5 hrs $80.25 $80.25 $80.25 SQUASH Squash Learn to Play Youth - memb 1.25 hrs X 8 wks -10 hrs $40.00 Discontinue Discontinue Youth - non memb $45.00 Discontinue Discontinue Adult- memb 1 hr X 4 wks =4 hrs $50.00 Discontinue Discontinue Adult- non memb $55.00 Discontinue Discontinue Squash House League Adult -memb 1 game /wk $10.00 Discontinue Discontinue Adult - non memb $25.00 Discontinue Discontinue SERVICES Fitness Assessment All 1 hr $40.75 $41.57 $42.40 Personal Training All 1 hr 5 hrs $40.75 $187.50 $41.57 $191.25 $42.40 $195.08 10 hrs $333.00 $339.66 $349.85 Fitness Assessment /Personal Training Package Ail 2 hrs $62.50 $63.75 $65.03 Non - Member Personal Training All 1 hr $48.75 $49.73 $50.72 Non - Member Personal Training All 5 hrs $227.50 $232.05 $236.69 Non- Member Personal Training All 10 hrs $413.00 $421.26 $433.90 Non- Member Appraisal Semi Private Personal Training (2 people) All rates are per person 1 hr 1 hr 5 hrs $48.75 $30.75 $137.75 $49.73 $31.37 $140.51 $50.72 $31.99 $143.32 10 hrs $245.00 $249.90 5254.90 Fitness Programs Page 16 i 1 i PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks ) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Corporate Outreach Adults 1 hr $40.75 $41.57 $42.40 5 hr $187.50 $191.25 $195.08 10 hr $333.00 $339.66 $346.45 High Schools - Fitness Centre (min 10) Youth 1 hr /per student $2.75 $2.75 $2.75 High Schools - Group Fitness Class (min 10) Youth 1 hr $3.25 $3.251, $3.25 Dry Land Training (10 -15 players) Youth 1 hr $55.00 $56.10 $57:22 each additional player up to 18 players Youth per hr $4.50 $4.59 $4.68 (includes private roam only - no use of gym) Dry Land Training (10 -15 players) Adult 1 hr $110.00 $112.20 $114.44 each additional player up to 18 players Adult per hr $9.00 $9.18 $9.36 (includes private room only - no use of gym) Flex Training Package (10 -15 players) Youth 1 hr $106.00 $108.12 $110.28 each additional player up to 18 players (includes training session private room /gym) Youth per hr $7.00 $7.14 $7.28 Flex Training Package (10 -15 players) Adult 1 hr $200.00 $204.00 $208.08 each additional player up to 18 players Adult per hr $13.25 $13.52 $13.79 (includes training session private room /gym) Locker Rental Locker Rental JAH All Annual 3 month $75.00 $25.00 $75.00 $25.001 $75.00 $25.00 Fitness Programs Page 17 Municipality of Clarington 2013/2014 USER FEES PROGRAM CATEGORY DURATION Clarington Sept. 12013 OR SERVICE (youth, adult, senior) (hrs X wks) (Current) Proposed Fees Courtice Complex Full Hall (Monday - Thursday) Resident Event (10 hours) $278.00 $282.17 Non - Licenced Licenced Resident Event (10 hours) $393.00 $400.86 Non - Licenced Comm Group Event (10 hours) $252.00 $255.78 Licenced Comm Group Event (10 hours) $353.00 $360.06 Non - Resident Event (10 hours) 10% surcharge .10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $161,00 $163.42 Licenced Resident Event (10 hours) $221.00 $225.42 Non - Licenced Comm Group Event (10 hours) $145.00 $1.47.18 Licenced Comm Group Event (10 hours) $201.00 $205.02 Non - Resident Event (10 hours) 10% surcharge 10% surcharge Full Hall (Friday- Sunday) Resident Event (10 hours) $348.00 $353.22 Nan - Licenced Resident Event (10 hours) $505.00 $515.10 Licenced Non - Licenced Comm Group Event (10 hours) $313.00 $317.70 Licenced Comm Group Event (10 hours) $454.00 $463.08 Non - Resident Event (10 hours) 10% surcharge 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $191.00 $193.87 Licenced Resident Event (10 hours) $283.00 $288.66 Non - Licenced Comm Group Event (10 hours) $173.00 $175.60 Licenced Comm Group Event (10 hours) $254.00 $259.08 Non- Resident Event (10 hours) 10% surcharge 1()% surcharge Courdce Complex New Year's Eve Resident Event (10 hours) $1,026.00 $1,046.52 Licenced Licenced Comm Group Event (10 hours) $925.00 $943.50 Non - Licenced Res /Comm Group Event (10 hours) $925.00 $943.50 Non- Resident Event (10 hours) 10% surcharge 10 %surcharge N 1 M N Hall Rentals & Extra Fees Sept. 12014 Proposed Fees $259.62 $367.26 10% surcharge $165.87 $ 229.93 $149.38 $209.12 10% surcharge $358.52 $525.40 $322.46 $472.34 10% $196.77 $ 294.43 10% $1,067.45 $962.37 $962.37 10% surcharge Page 18 I W PROGRAM CATEGORY DURATION! Clarington Sept. 12013 Sept. 12014 OR SERVICE (youth, adult, senior) (hrs X wks) (Current) Proposed Fees Proposed Fees Courtice Complex Full Hall - Hourly Comm Group 1 hr $51.00 $51.77 $52.54 Comm Group 4 hrs $133.00 $135.00 $137.02 Resident 1 hr $77.00 .$78.16 $79.33 Resident 4 hrs $206.00 $209.09 $212.23 Schools 1 hr $40.00 $40.60 $41.21 Schools 4 hrs $108.00 $109.62 $111.26 Non - Resident All 1.O% surcharge 10% surcharge 10% surcharge Half Hall - Hourly Comm Group 1 hr $28.00 $28.42 $28.85 Comm Group 4 hrs $74.00 $75.11 $76.24 Resident 1 hr $44.00 $44.66 $45.33 Resident 4 hrs $118.00 $119.77 $121.57 Schools 1 hr $21.00 $21.32 $21.63 Schools 4 hrs $45.00 $45.68 $46.36 Non - Resident AN 10% surcharge 10% surcharge 10% surcharge Rickard Recreation Complex Full Hail (Monday- Thursday) Non - Licenced Resident Event (10 hours) $516.00 $523.74 $531.50 Licenced Resident Event (10 hours) $737.00 $751.74 $766.77 Non - Licenced Comm Group Event (10 hours) $465.00 $471.98 $479.05 Licenced Comm Group Event (10 hours) $663.00 $676.26 $689.79 Non- Resident Event (10 hours) 10% surcharge 10% surcharge 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $278.00 $282.17 $286.44 Licen ced- Resident Resident Event (10 hours) $424.00 $432.48 $441.13 Non - Licenced Comm Group Event (10 hours) $250.00 $253.75 $257.56 Licenced Comm Group Event (10 hours) $384.00 $391.68 $399.51 Non- Resident Event (10 hours) 10% surcharge 10% surcharge 10% surcharge' Full Hall (Friday - Sunday) Nan - Licenced Resident Event (10 hours) $652.00 $661.78 $671.71 Licenced Resident Event (10 hours) $935.00 $953.70 $972.77 Hall Rentals & Extra Fees Page 19 Hall Rentals & Extra Fees Page 19 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Non - Licenced Comm Group Event (10 hours) $586.00 $594.79 $603.71 Licenced Comm Group Event (10 hours) $841.00 $857.82 $874.98 Non- Resident Event (10 hours) 10% surcharge 10% surcharge 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $363.00 $368.45 $373.97 Licenced' Resident Event (10 hours) $520.00 $530.40 $541.01 Non - Licenced Comm Group Event (10 hours) $327.00 $331.91 $336.88 Licenced Comm Group Event (10 hours) $468.00 $477.36 $486.91 Non - Resident Event (10hours) 10% surcharge 10% surcharge 10 %surcharge Rickard Complex New Year's Eve Licenced Resident Event (10 hours) $2,022.00 $2,062.44 $2,103.69 Licenced Comm Group Event (10 hours) $1,820.00 $1,856.40 $1,893.53 Non - Licenced Res /Comm Group Event (10 hours) $1,820.00 $1,856.40 $1,893.53 Non- Resident Event (10 hours) 10% surcharge 10% surcharge 10% surcharge Rickard Recreation Complex Full Hall - Hourly Comm Group 1 hr $98.00 $99.47 $100.96 Comm Group 4 hrs $295.00 $299.43 $303.92 Resident 1 hr $147.00 $149.21 $151.44 Resident 4 hrs $368.00 $373.52 $379.12 Sch0ols 1 hr $74.50 $75.62 $76.75 Schools 4 hrs $206.00 $209.09 $212.23 Non - Resident All 10 %surcharge 10 %surcharge 10% surcharge Rickard Recreation Complex Half Hall - Hourly Comm Group 1 hr $48.00 $48.72 $49.45 Comm Group 4 hrs $118.00 $119.77 $121.57 Resident 1 hr $73.50 $74.60 $75.72 Resident 4 hrs $206.00 $209.09 $212.23 Schools 1 hr $37.50 $38.06 $38.63 Schools 4 hrs $89.00 $90.34 $91.69 Non - Resident All 10% surcharge 10% surcharge 10% surcharge >Iv 1 tsi Hall Rentals & Extra Fees Page 20 i C.n En PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Meeting/Program Room Rates 2 rooms - Double the single room rate less 20% 3 rooms - Triple the single room rate less 30% Applicable to all categories and durations Comm Group 1 hr $27.50 $27.91 $28.33 COMM Group 4 hrs $73.50 $74.60 $75.72 Comm Group 8 hr $128.50 $130.43 $132.38 Resident 1 hr $37.50 $38.06 $38.63 Resident 4 hrs $103.00 $104.55 $106.11 Resident 8 hr $178.00 $180.67 $183.38 Schools 1 hr $20.50 $20.81 $21.12 Schools 4 hrs $44.50 $45.17 $45.85 Schools 8 hr $85.50 $86.78 $88.08 Non - Resident All 10% surcharge 10% surcharge 10% surcharge Extra Fees Kitchen -With Hall Event $116.00 $117.74 $119.51 Kitchen - Catering Only Event $32.00i Discontinue Discontinue Refundable Damage Deposit Event $225.00 $228.38 $231.80 Bartenders 1 hr $19.50 $19.79 $24.09 Maintenance 1 hr $15.00 $15.23 $15.45 Hall Rentals & Extra Fees Page 21 Municipality of Clarington 2013/2014 USER FEES PROGRAM CATEGORY DURATION Ciarington Sept. 12013 OR SERVICE (youth, adult, senior) (hrs X wks) (Current) Proposed Fees Pool (2 guards) 1 hr $137.00 $138.37 Pool & Tot pool (3 guards) 1 hr $155.00 $156.55 Pool & Slide (4 guards) 1 hr $17S.501 $177.26 Pool /Slide/Tot Pool (5 guards) 1 hr ` $197.76 $199.74 . Main or Tot Pool Newcastle (2 guards) 1 hr $137.00 $138.37 Main /Slide - Newcastle (4 guards) 1 hr $175.50 $177.26 Main /Slide /Tot Pool - Newcastle (6 guards) . 1 hr $219.00 $221.19 Youth Club /Swim Meet 1 hr $58.50 $59.09 Adult Club /Swim Meet 1 hr $70.00 $70.70 School Boards 1 hr $58.50 $59.09 1 hr $20.50 $20.91 Lifeguards Red Cross Materials (School Boards) 5 Wk Class $76.50 $77.27 Non - Resident 1 hr 10% surcharge 10% surcharge N 1 Cal m Pool Rentals & Extra Fees Sept. 12014 Proposed Fees $139.75 $158.12 $179.03 $201.73 $ 139.75 $179.03 $ 223.40 $59.68 $70.70 $59.68 $ 21.33 $78.04 10% surcha Page 22 N I Municipality of Clarington 2013/2014 USER FEES PROGRAM CATEGORY DURATION Clarington Sept. 12013 Sept. 12014 OR SERVICE (youth, adult, senior) (h re X wks) (Current) Proposed Fees Proposed Fees Arena Rentals - Ice (Winter) Prime Time Adult 1 hr $186.50 $190.23 $194.03 Non -Prime Youth Adult 1 hr 1 hr $158.50 $140.50 $160.88 $143.31 $163.29 $146.18 Youth 1hr $107.00 $108.61 $110.23 Non- Resident 1hr 10% surcharge 10% surcharge 10 % surcharge Discount Ice- Monday - Sunday 11 pm and later 1hr $100.00 $105.00 $110.25 Off Ice Training {RRC) (SCA) 1 hr $19.00 $19.38 $19.77 Extra Staff (Skate Patrollers) 1 hr $13.50 $13,77: $14.05 Arena Rentals - Ice (Summer) Prime Time Prime Time Non -Prime Non -Prime Adult Youth Adult Youth 1 hr 1 hr 1 hr 1hr $186.50 $158.50 $140.50 $127.50 $190.23 $160.88 $143.31 $129.41 $194.03 $163.29 $146.18 $131.35 Non- Resident 1hr 10% surcharge 10% surcharge 10% surcharge Arena Rentals - Dry Floor Floor Adult 1 hr $77.00 $78.54 $80.11 Non- Resident Youth 1hr 1hr $66.50 10%, surcharge $67.50 10% surcharge $68.51 10% surcharge Exhibit Function - Community Groups Exhibit Function - Commercial Set -Up daily daily daily $970.00 $1,052.00 $373.00 $984.55 $1,104.60 $373.00 $999,32 $1,159.83 $382.33 Ice Floor Rentals Page 23 Municipality of Clarington 2013/2014 USER FEES PROGRAM C CATEGORY D DURATION C Clarington S Sept. 12013 S Sept. 12014 Indoor Soccer Rates and lacrosse Bowl FULL FIELD Prime Time A Adult 1 1 hr $ $172.50 $ $175.95 $ $179.47 Prime Time Y Youth 1 1 hr $ $146.50 $ $148.70 $ $150.93 Non -Prime Time A Adult 1 1 hr $ $142.00 $ $144.84 $ $147.74 Non -Prime Time Y Youth 1 1 hr $ $106.00 $ $107.59 $ $109.20 HALF FIELD Prime Time A Adult 1 1 hr $ $86.50 $ $88.23 $ $89.99 Youth 1 1 hr $ $73.00 $ $74.10 $ $75.21 Non-Prime Time A Adult 1 1 hr $ $71.00 $ $72.42 $ $73.87 Youth 1 1 hr $ $53.00 $ $53.80 $ $5433 Off - Season -Flat Rate (June 1- September 30) 1 1 hr $ $67.50 $ $68.51 $ $69.54 Outdoor Lacrosse - Lighted 1 1 hr $ $25.00 $ $25.00 $ $25.00 Gymnasium Rental Bate (South Courtice Arena) Adult 1 1 hr $ $20.50 $ $21.01 $ $21.53 Youth 1 1 hr $ $15.50 $ $15.73 $ $15.97 Newcastle Recreation Complex Gymnasium -Full Adult 1 1 hr $ $43.00 $ $44.08 $ $45.18 Youth /Senior 1 1 hr $ $32.00 $ $32.48 $ $32.97 Gymnasium - half ` Y Youth /Senior 1 1 hr $ $21.50 $ $21.821 $ $22.15 I C" 00 Miscellaneous Rentals Page 24 Miscellaneous Rentals page 25 N I w PROGRAM .CATEGORY DURATION Clarington Sept. 12013 Sept. 12014 OR SERVICE (youth, adult, senior) (hrs X wks) (Current) Proposed Fees Proposed Fees Gyre Equipment Rental 7. hr $18.00 Discontinue Discontinue Parking Lots CCC- RRC- SCA -NDRC $506.00 $518.65 $531.62 OSC- CFC -BIS $253.00 $259.33 $265.81 Statutory Holiday Surcharge rate applies in addition to the applicable rental rate of the facility All Hourly $62.00 $63.30 $64.69 Miscellaneous Rentals page 25 1V 1 CD Municipality of Clarington 2013/2014 USER FEES PROGRAM OR SERVICE CATEGORY (youth, adult, senior) Clarington (Current) Sept. 12013 Proposed Fees Sept. 12014 Proposed Fees Cancellation /Refund Fee Per Program $10.00 $10.00 $10.00 NSF Fee Per Transaction $35.00 $35.00 $35.00 Membership Cancellation (medical /move) Per Member $10.00 $10.00 $10.00 Replacement Access Card Per Card $5.00 $5.00 $5.00 Facility Cancellation Fee with notice (min 15 business days) Per Rental 10% of Total Cost 10% of Total Cost 10% of Total Cost Facility Cancellation Fee (with 1 -5 business days notice)Per Rental Per Rental 50% of Total Cost 50% of Total Cost 50 %ofTotal Cost Non Residents Per Program /Membership /Rental 10% Surcharge 10% Surcharge 10% Surcharge Transfer Fee - Aquatics (after the 2nd class has occurred) Per transfer /per program $10.00 $10.00 $10.00 Camp Early Bird Discount (registrations prior to May 15th) Per registraiton 10% 10% 10% 3rd Child Discount (Program Registration) 3rd &subsequent children in same family 509/. Reduction on Lowest Rate 50% Reduction on Lowest Rate 50% Reduction on Lowest Rate Administration Charges Page 26 Date: June 10, 2013 Resolution #: - By -law #: N/A Report#: CLD -020 -13 File #: C12,HE C12.AB Subject: APPOINTMENTS TO CL.ARINGTON HERITAGE COMMITTEE AND ABANDONED CEMETERIES BOARD RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD - 020 -13 be received; 2. THAT the resignation of Andrew Kozak be received, with regret, and that he be, thanked for his contribution to the Clarington Heritage Committee; 3. THAT be appointed to the Clarington Heritage Committee for a term concurrent with the term of Council; 4. THAT be appointed to the Abandoned Cemeteries Board for a term concurrent with the term of Council; and 5. THAT all interested parties listed in Report CLD - 020 -13 be advised of Council's decision. Submitted by: PLB /jeg Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 906 - 623 -3379 13-1 REPORT NO.: CLD- 02013 PAGE 2 1. BACKGROUND 1.1 Clarington Heritage Committee The Clarington Heritage Committee (CHC) is a volunteer advisory committee established by the Municipality of Clarington Council in accordance with the provisions of the Ontario Heritage Act. The goal of the CHC is to assist the Municipality of Clarington in its efforts to identify, review, discuss and make recommendations to Council on properties and issues of cultural heritage value or interest. Committee members are ultimately responsible to the Municipality of Clarington Council and are bound by By -law 2006 -079, appointing the CHC, and the Terms of Reference. The following is an excerpt of the Terms of Reference, as established in Report PSD- 039 -06, regarding appointments to the CHC: 4.1 The Clarington Heritage Committee shall consist of a minimum of five (5) voluntary members who are appointed by Council for the term of Council. The Council may, by resolution, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the Committee. The maximum number of members is set at twelve (12). 4.2 The Committee is to consist of members that possess the expertise, experience and willingness to devote the necessary time to the Committee. The Municipality will seek to obtain the following as members: • A municipal Council liaison • A representative from the Newcastle Village and District Historical Society • A representative from the Clarington Museum and Archives; if staff, an ex- officio member • An architectural historian • A building and design specialist • Area residents from each of the municipal wards that are experienced in heritage conservation matters 4.3 Openings for membership shall be publicly advertised. All residents and any nominated representative of an organization involved in cultural heritage issues are invited to apply. Applicants will submit the required application form to the Municipality of Clarington Clerks Department. Applicants shall possess knowledge of cultural heritage issues within Clarington. Applicants may also possess relevant heritage conservation experience, technical training in a heritage planning field, and /or current involvement in cultural heritage community activities. 13 -2 REPORT NO.: CLD -020 -13 1.2 Abandoned Cemeteries Board PAGE 3 The purpose of the Abandoned Cemeteries Board is to care for the abandoned cemeteries in the Municipality of Clarington. The composition of the Board is as follows: 7 community members + 1 Council representative The frequency of, meetings is `as required', typically once per year. Beyond the one regular meeting, other meetings consist of "hands on" work involved in taking care of the cemeteries. The term of appointment will be concurrent with the term of Council. 2. CURRENT SITUATION 2.1 Clarington Heritage Committee - Resignation of Andrew Kozak Andrew Kozak was appointed to the CHC in January, 2011, as a Ward 2 representative. The Municipal Clerk's Department received his resignation on May 21, 2013. Following Council's appointments in 2011, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur on the CHC. Accordingly, the Municipal Clerk's Department contacted previous applicants (and any additional applications received since the appointments were made) to the CHC to determine whether they wish to put forward their name for consideration. The following members are currently appointed to the CHC: Tracey Ali (Ward 3) Tenzin Gyaltson (Ward 3 /Building Design Specialist) Colin Maitland (Ward 4) Karin Murphy (Ward 4) David Reesor (Ward 3) Angela Tibbles (Ward 3) Allan Kirby (Ward 4) Representing the Newcastle Village & District Historical Society Bonnie Seto (Ward 3) Representing the Clarington Museums and Archives Councillor Hooper (Municipal Council Liaison) 13 -3 REPORT NO.: CLD- 420 -13 PAGE 4 At the time of writing of this report, the following have confirmed with the Municipal Clerk's Department that they wish to be considered for appointment to the CHC: • Joseph Earle, Ward 2 • Matthew Howlett, Ward 2 • Victor Suppan, Ward 1 • Todd Taylor, Ward 2 Applications for the above -named applicants have been circulated under separate cover (Attachment 1) as they contain personal information about these applicants. 2.2 Abandoned Cemeteries Board — Removal of Bjyan Ransom Bryan Ransom was appointed to the Abandoned Cemeteries Board in January, 2011. On May 22, 2013, the Municipal Clerk notified Mr. Ransom that he had missed three consecutive meetings without regrets and, as per the Council Committee Protocol and a resolution from the Abandoned Cemeteries Board on May 21, 2013, was being removed from the Board. Following Council's appointments in 2011, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur on the Abandoned Cemeteries Board. Accordingly, the Municipal Clerk's Department contacted previous applicants (and any additional applications received since the appointments were made) to the Abandoned Cemeteries Board to determine whether they wish to put forward their name for consideration. At the time of writing of this report, the following have confirmed with the Municipal Clerk's Department that they wish to be considered for appointment to the Abandoned Cemeteries Board: • Scott Kimmerer • Todd Taylor • Kim Vaneyk Applications for the above -named applicants have been circulated under separate cover (Attachment 2) as they contain personal information about these applicants. 3. CONCURRENCE: Not Applicable 4. CONCLUSION It is respectfully recommended that Andrew Kozak be thanked for his contribution to the Clarington Heritage Committee. 13 -4 REPORT NO.: CLD- 020 -13 PAGE 5 in order to fulfill the requirements of the Terms of Reference, it is recommended that one of the following be appointed to the Clarington Heritage Committee, for a term concurrent with the term of Council: • Joseph Earle • Matthew Howlett • Victor Suppan • Todd Taylor' NOTE: Todd Taylor is currently appointed to the Committee of Adjustment In order to fulfill the duties of the Abandoned Cemeteries Board, it is recommended that one of the following be appointed to the Abandoned Cemeteries Board, for a term concurrent with the term of Council: • Scott Kimmerer • Todd Taylor • Kim Vaneyk CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Confidential Attachments (Distributed Separately): Attachment 1: Clarington Heritage Committee Applications2 Attachment 2: Abandoned Cemeteries Board Applications2 NOTE': Todd Taylor applied to both, with the same application. Also Kim Vaneyk had previously applied to both with the same application form, but, as of the writing of this report, has only indicated that she would like her name to be considered for the Abandoned Cemeteries Board. List of interested parties to be advised of Council's decision: Andrew Kozak Joseph Earle Matthew Howlett Victor Suppan Scott Kimmerer Todd Taylor Kim Vaneyk John Bate, Chair, Abandoned Cemeteries Board David Reesor, Chair, Clarington Heritage Committee 13 -5 Date: June 10, 2013 Resolution #: By -law #: Report#: CL❑ -021 -13 File #: Subiect: NAMING OF NEW NEWCASTLE FIRE STATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD -021 -13 be received; 2. THAT the name of the new fire station at 3333 Durham Highway 2 in Newcastle be chosen from the following nominations: a) George Lyle Memorial Fire Hall b) Newcastle "Highway of Heroes" Fire Hall, or Clarington "Highway of Heroes Fire Hall c) Alfred Alldread Fire Station #2 d) The James Hayman Memorial Fire Hall e) Samuel J: Brereton Memorial Fire Station 0 The Mark Hendrikx Memorial Fire Station g) Ab Naylor Fire Hall h) Tom Cowan Fire Hall i) Old Kingston Road Fire Hall 3. THAT all interested parties listed in Report CLD -021 -13 be advised of Council's decision. Submitted by: A(* Reviewed by: Rl`at" rie, CMO Franklin Wu, Municipal Clerk Chief Administrative Officer • . CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13--6 REPORT NO.: CLD -021 -13 1. BACKGROUND PAGE 2 On March 29, 2004, Council adopted a policy for naming of municipal buildingslfacilities through the approval of Report CSD- 003 -04. In accordance with the policy, advertisements have been placed in the local newspapers for nominations to name the new fire station at 3333 Durham Regional Highway 2 in Newcastle. In response to these ads, the following nominations have been received: 1. George Lyle Memorial Fire Hall, submitted by Bob McCutcheon 2. Newcastle "Highway of Heroes" Fire Hall, or Clarington "Highway of Heroes Fire Hall, submitted by Dawar Taylor 3. Alfred Alldread Fire Station #2, submitted by Lori Alldread 4. The James Hayman Memorial Fire Hall, submitted by Mary Tillcock 5. Samuel J. Brereton Memorial Fire Station, submitted by Charlotte Vaughan 6. The Mark Hendrikx Memorial Fire Station, submitted by Martha Hendrikx 7. Ab Naylor Fire Hall, submitted by Robert Hagerman 8. Tom Cowan Fire Hall, submitted by Theighn & Carol Bromell 9. Old Kingston Road Fire Hall, submitted by Robert Malone 2. NAMING OF MUNICIPAL BUILDINGS /FACILITIES POLICY The policy adopted by Council states that names shall be chosen based on the following criteria: Municipal buildings /facilities, either new or existing, must be named to recognize individual(s) or an organization(s) having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the County, or recognize significant local geographical or historical features /events. Elements /components of the buildingslfacilities may also be named according to this policy. 2. Names shall be chosen based on the following criteria: a) The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. b) Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. c) Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic). d) Names may reflect the service, function or programming of the building. e) Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. f) Names of living political figures shall not be used. g) Names shall not insinuate any political affiliation. 13 -7 REPORT NO.: CLD- 021 -13 PAGE 3 h) Names shall not duplicate or sound similar to existing municipally -owned assets. i) Names which are cumbersome should be avoided. j) Names which are discriminatory/derogatory in terms of race, sex, colour or creed will not be considered. 3. CONCURRENCE _ Not applicable 4. CONCLUSION Copies of each submission are attached hereto. It is recommended that Council choose a name for the new fire station from the nominations received. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 — Nomination Form -- George Lyle Memorial Fire Hall Attachment 2 — Nomination Form — Newcastle Highway of Heroes Fire Hall or Clarington Highway of Heroes Fire Hail Attachment 3 -- Nomination Form — Alfred Alldread Fire Station #2 Attachment 4 -- Nomination Form -- The James Hayman Memorial Fire Hall Attachment 5 — Nomination Form — Samuel J. Brereton Memorial Fire Station Attachment 6 — Nomination Form — The Mark Hendrikx Memorial Fire Station Attachment 7 — Nomination Form — Ab Naylor Fire Hall Attachment 8 — Nomination Form -- Tom Cowan Fire Hall Attachment 9 — Nomination Form -- Old Kingston Road Fire Hall List of interested parties to be advised of Council's decision: Bob McCutheon Dawar Taylor Lori Alldread Mary Tillcock Charlotte Vaughan Martha Hendrikx Robert Hagerman Theighn & Carol Bromell Robert Malone 13 -8 Attachment No. 1 to Report CLD- 029 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL BUILDINGS /FACILITIES NOMINATION FORM Nominator's Information: Name Address city Province Postal Code Telephone Proposed Name: .108 M 660 Len I &'40g -IA'L Check accompanying documents Ctd- Background Information (reason supporting request) Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, achievements, history of nominee etc.) I" Letters of permission signed from nominee(s) or next -of -kin � ,I Name Is to he used for; l' YORE St rip Z- �N �l wef�s� G� (Provide details such as locationladdress of building) Policy Statement: Municipal buildings /facilities, either new or existing, must be named to recognize individuel(s) or an organization(s) Having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the Country, or to recognize significant local geographical or historical features /events. Elementsfcomponents of the buildings /facilities may also be named according to this policy, 13 -9 � r Criteria Met: (Please check one or more boxes) 12"'The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ❑ Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used, ar"Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic). U""Names may reflect the service, function or programming of the building. ❑ Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. ;�,4- . :/ 2'Z/ 2013 Nominator's Signature Date For Office Use Only; a"'Names of living political figures shall not be used. IT-Names shall not insinuate any political affiliation. t9°Names shall not duplicate or sound similar to existing municipal buildings /facilities. PNames ames which are cumbersome should be avoided. i h are discriminatory /derogatory in terms of race, sex, colour or cre9 wii not be considered. EVEJk's Department Personal informatlon on this form Is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L9C 3A6 Phone 905 -623 -3379 13 -10 April 22, 2093 Mayor Foster and Clarington Municipal Council; The Municipality of Clarington has done an excellent job over the years honouring those men and women from the area that served their country by fighting over seas to protect the freedom we all enjoy today. In keeping with that worthy tradition, I would like to present you with a new opportunity. Fire Chief George Lyle was an active Fire Fighter in the area for 40 years, and Fire Chief for 10 when his service to the local residents came to an abrupt end. On September 22, 1938 while responding to assist a local resident Chief Lyle and four other Fire Fighters were injured when their fire truck collided with a transport at the intersection of King and Division Streets. While the other fire fighters were able to recover from their injuries, Chief Lyle was never able to return to active duty. In July 1939, Chief Lyle was appointed Honorary Fire Chief by the Municipal Council of the day, as it became obvious he would never return to active duty. The Lyle name has been embedded in the local fire service long before and since Chief Lyle's eventual death in April 1944. In fact there are still members in both the Volunteer and Fulitime fire fighter ranks today that share family roots with Chief Lyle. I strongly believe that the Municipality's tradition of remembering those local residents who have contributed to make a difference in our community is a worthy one. With construction under way for the newest fire hall in Clarington, we are presented with a great opportunity of continuing that quest and honouring a man'who sacrificed in the name community spirit and pride. I respectfully request that the new fire hall in Newcastle be named the George Lyle Memorial Fire Hall. A lot has changed in the local fire service since 1938, but recognizing those who deserve it should remain our hallmark. Sincerely, - Acting Captain Bob McCutcheon Clarington Emergency and Fire Services 13 -11 w t N Thomas LYLE 1812 -1895 9 860 Immigrated to Canada I from Devon. Enoland Thomas LYLE 1837 -1 918 Canada No. 1 Co. Married Mary Anne NEWCOMBE 1839 -1918 1st - Generation of LYLE's that served with Clarington Fire Department Lewis LYLE 1839 -1927 Canada No. 1 Co. Charles LYLE 1844 -1889 Canada No. 'I Co. Susanna STACEY 1810 -1902 2nd — Generation of LYLE's that served with Clarington Fire Department. Thomas LYLE Margret Anne CHAPMAN 1889 -1955 Married George T. LYLE 1865 -1912 Answered Fire Phone at 1874 -1944 Alert Hose Co. residence on Prospect St. CHIEF John LYLE 1848 -1947 Canada No. 1 Co. 3rd Generation of LYLE's that served with Clarington Fire Department. Thomas G LYLE Louis LYLE William A.J. LYLE 1913 -1973 CHIEF FIREFIGHTER CAPTAIN 4t" Generation John D LYLE Son of Alex LYLE Stn Generation Scott M (LYLE) — Snowden Grandson of Louis LYLE William LYLE 1865 -1964 Alert Hose Co. April 3/2013 Clarington Council and Mayor 40 Temperance St. Bowmanville, ON UC 3A6 RE: New Clarington Fire Station #2 in Newcastle Dear Sirs /Madams: We, Edith Bentley ( nee Lyle) and Louis Lyle, the remaining living children of George Lyle give our permission to use our father's name, George Lyle in the naming of the New Clarington Fire Station #2 in Newcastle. Edith Bentley Louis Lyle 13 -13 The Canadian Statesman September 22, 1938 r i x t r sr1 sr `t In Fire Engine Plows into Truck At King and Division Corner In Raging Storm' this Morning Dire Chief George Lyle In Serious Condition In hospital —Neil Tay- lor, R. Sudds, D. Biekell, , L. blooper Also Hurt. . . Fire Chief -George Lyle is in Bowmanville Hospital in a ser- ious condition, and four other fire- men were injured shortly after seven o'clock this morning, when the fire track plowed when a Smith Transport truck at inter- section of King and Division Streets. The others injured are Deputy -Chief Lucius Hooper, Neil Taylor, Riphard Sud:ds and Dar- win Bickelf,- the driver of the fire truck. The latter has been driv- ing for 20 -,ears without an ac- cident of any kind. -The' accident occurred at the time that a. wild storm of �ur- ricahe proportions, believed to be the tail end of the storm -that has lashed the Atlantic Coast and New England States in the last 24 hours, raged across this district. T'he transport, driven by Frank Stevens of $rockville was pro- ceeding east on King Street. The fire truck was answering a second alarm, to the home of Thomas Richards, Queen St, the first alarm having been due to high winds. As the truck neared the intersection -its siren screamed a 13--1 }yarning, but.apparently the high. i Inds and the storm prevented ilie truck driver from hearing the warning. The transport was right at the intersection when the fire truck came, to King Street. Both• trucks attempted to avoid the crash, but.-the fire engine hit the other truck just behind the cab, . doing little damage- to the trans - port, -but,-smagbing•ethe -front end of the fire truck, doing several hundred .dollars damage. The •transport was' forced irita a Bowmanville Dairy truck which wds damaged, -while the- fire en- gine, by the force of the impact was driven into a car owned by Cliff Cowie, National Grocers salesman of Colborne. After treatment by Drs. W. H. Birks and V. H. Storey, Chief Lyle and Neil Taylor were removed' to Hospital. After treatment, the other three injured .firemen were taken to their hones. "I always thought we would get into trouble at that corner," Neil Taylor; veterah fireman, told a reporter at the hospital. Mr. Taylor is the oldest mernb& of the brigade in point of service, having been a fireman for about 45 years. Chief Lyle lips been a fireman more than 40 years, and Sire Chief for about 10 years. It is the first tine the fire truck -has been involved in an accident. -fThe injuries sustained were as follows, Chief Lyle; lacerations, bruises and shock; L. Hooper, facial lacerations, cracked. ribs, and a deep cut which rn%sed the right eye by an inch. ' This is the third time Deputy - Chief Hooper has been injured while on duty. Neil Taylor, injured right should er, when thrown on the pavement on his back; bai•win Bickle, arrn and face injuries, and Dick Sudds, a deep facial laceration and bruis- es, Hubert Hooper, youngest:. fire- man on -the :brigade, suffered min- or .bruises. Chief of• Police Sydney Wntoii Investigated the • accident, which is believed,.to • have been caused entirely by. the storm. Both fire- men and truck are protected by insurance, Town Clerk Alex Lyle said today. While the truck is being repaired the hose 'has been loaded on the Town truck and Oshawa has been asked to stand by in case of an emergency. The fire at Thos. Richard's was of a minor nature and was ex- tinguished 'before firemen finally reached the scene. it :I , Pre t ioo_ n- -at- fhi:. beef's Oud.. , . . t! Hier` , '. U6. lhg adnvertlloh"O to = vvq" to be out' of also al Sun I '0_"'Or merit The Canadian Statesman September 29, 1938 A a wdWr -' * 0 gdod iCqA Thb'co# of in ex- 4 X"'rge 1111%4h pllet"hQ borho o d 13-15 ` • ' The Canadian Statesman my 6, ORONO NEWS on Page 9 NEWCASTLE 14E175 "r r • on Page I0. nJcpendcnt5' Xnd The -Orono New' s 6ti-1, 1939 UMBER 27 : 13 -16 Council Appoints Two -� � - W Vz' d ii���k a T` a� Suk,5t t ates As, Well As Wklnn - Geo., We Honorary .gWelf Towii of Bowmanville will have to pay $909.x$; {o the UYAtecd Cotin- ` ties treasuri -?f us year, due,to an error in the 1938 charges.. The error was brought to ther:.atten- tion of Town Council aVlts.4nieet:- ind Monday', -when an. ;arcotiii# frorri the United Coiirii:ies.- slio� red., • the total z:atd. at l r 88. iiis�d :. of $25,427.30 as la's��y,@` ? =A` ixsl :-_ 1939 counties r &le, is 53(f= - As the' council :fiat{ - a timation that an error: - _ad `been: - made, they did not adjust ltheir _.• estimates at the first of the: year: to.take care of the extra airiotirit: „• Without the $900 eharge the.coun- -_ ties rate is actuallj $48LO 'less• than last year, Clerk eras 'in; :r . strutted to write, 'the Counties Clerk for an explanation of`' the > overcharge. . . ` Fire Chief George. Lyle, who' has not been on active- service with the brigade since an.•acei- dent involving the fire truck =•last September, will be relieved'bf s active duties and wall be appoint -• ed Honorary Qhief with his :r ary to continue as at. pesent.•:_ This action was taken in • vieiy -f'. • ? , the fact that he was injured,aii& Iris health was 'affected whileAoh " : ': - -- f duty and council maintained `f ik '- -he was entitled tp every cb'hhId- eration. The present -actitig� chief­ i and deputy chief were drily: ap- pointea to regular . duty in.; die..' Positions and their salariestiu3l`; • be made retro - active to Fire Brigade asked permcsiori - through their secretary Harvey - Corden, to attend the Fliemeti's (Continvod on page 7) —'Orge Lyle - Overview - Ancestry.ca ancestry.o, -A--adersoji Garratt Snowden Willoughby Burnell Ferguson Montrail George Lyle k,\ Birth 1874 May 05inBowmanville, Ontario, Canada Death 8 Apr 1944inSowrnanville, Ontario Canada 73 Timeline 1�-- Birth 1874 ! m = AI 13owmanvitle, Ontario, Canada Y L Residence 190-L BowmanViliG (TownfVille), Durham (WestIO"est), Ontario, Canada Age. 27 Marriage to Rose May.White 1902 L30 Apr Bowmanvifle, Durham County, Ontario, Canada Age: 21 Georges first marriage - Rose died in with Child in childbirth Marriage 1911 24 oct Durham, Durham, Ontario, Canada Age: 37 --------- ---- Marriage to Margaret Anna Chapman 191i 1 211 Oct i Bovdrnanville, Ontario, Canada Age: 37 --------------- 19 Age; 69 Death Bowmanville, Ontario Canada 6 yrs after accident on Fire Truck collided with steel truukI Page I of I J:%�q ? Family Members i Parents Thomas Lyle 1 0- 6 1837-1918 Mary Anne Newcombe ILL] Spouse & Children F '-F] Rose MaY White 18ya-1903. Spouse & Children Margaret Anna Chapman 1889-1!355 Marion Margaret Lyle 1912-2001 Thomas George Lyle J913-1973 2 ONMwy Lyle J 1 1915 - 1'252 Alec Edward Lyle , - Louis Lyle H V/ i A Edith Lyle U - William William Arthur James Lyle I j Lucy May Lyle Doris Elizabeth Lyle John Chapman Lyle W Barbara June We [-Source -Information I 19oi Census of Canada I I citation provides evidence for Residence, Birth, Name Ancestry Fain fly Trees . This citation provides evidence for George Lyle Ontario, Canada, Marriages, 18oi-i928 j 2 citations provide evidence for Name, Birth, Marriage 24P6 72 �heMas Lyle - Overview - Ancestry.ca . Page 1 of 2 ancestry.ex Anderson Garratt Snowden Willoughby Burnell Ferguson Montrait !WFi` Thomas Lyle � -- __--- _- __— .-- - - - --- --------- - - - - -- ! ! w tl Birth Nov. 15 18371nTordngton, Devon, England rc Death 3 Jui 1918inSfmcoz, Qriilia, Ontario, Canada, i r,ei!n� ---- - - - - -- -- -- Birffi �5 Noy Torrington, Devon, England } s841 Residence Great Torrington, Devon, Engtand Age: 4 Family A9em6ers Parents i L7-71 Thomas Lile i 1612 -1695 i F 11 t� !� Susan - Stacy i 1810-1902 i 4 ' 1861 i Arrival Spouse & Children �^- - ^- ---- - ----_ .� - -- - -- � Age: 24 ;�� Mary Anne Newcombe A 1839 -1918 Residence 1$ 1 7 ' j William Lyle ! I ' j Ontario, Canada ' 1863 1564 { i I Age: 34 i € Thomas Lyle i Residence s: I I E 18fi5 -1912 � .` i; Durham West, Ontario Canada i Fanny Lyle 1 Age: 54 i ? 1867-1868 ! Residence � - -_ —� — George Lyle s ; 1874 -1944 l I1901 r Sowmanviffe (TowulViile), Durham (Westlouest), Ontario, Canada ' Age: &4 i 1, ! [ + I Frederick Lyle ! , i I !; 1B75 --1937 I Residence i � 1901 i John (Jack) James Lyle ! Bowmanviile (TownlVille), Durham (West/Ouest), Ontario Canada =7877 -1973 -- i Age: 64 ! : Residence 1911 t Source information - - -- - > . S Durham, Ontario -16 Lord Elqin (eigin typo) ! i Age: 74 I 1841 England Census — — -- L -- — 1 citation provides evidence for Residence, Birth, Name Death -- -- -- - - -- - -- - - - -- __:..- -- X913 ' 1 3 dkrt ; Simeoe, Orfilia, Ontario, Canada, 1871 Census of Canada i Age: &o Bowmanville Cemetery i i citation provides evidence for Name, Birth, Residence' ! ; BuiJal 1$91 Census of Canada ! 1918 ; Jul s sowmanville, Ontario, Canada # 1 ! 1 citation provides evidence for Residence, Birth, Name — Buried with his wife Mary Anne - grey headstone at front north entrace of cemetery � - - -- -- � - -� -- —_ 19oz Census of Canada 1 18 Residence 9 t 1 citation provides evidence for Name, Birth, Resfdence. . - - -i Simcoe County, Oritiia, Ontario, Canada T— - -- - -- - -- - ; Age: si living with Wiliam Lyle i 1911 Census of Canada - - - -- T- --- - --- -- — - - - -- -_ - -' - - - -- - - - - -- � ! i citation provides evidence for Residonce, Arrival. Birth, i Name if ii Ancestry family Trees i This citation provides evidence for Thomas Lyle Ontario, Canada, Deaths, 1869 -1938 and Deaths Overseas, 1439-1947 i 1 citation provides evidence for Name, Birth, Death, I Residence 4[ 4 13 -18. -- - - - 24/07/2012 Attachment No. 2 to Report CLD- 021 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL_ BUILDINGS /FACILITIES NOMINATION FORM Nominator's Information: Name bkt j r,-� — Fk- tLaP -. Address City Province Postal Code Telephone '7 Proposed Nam a E- r f -4� L.,,�a�� Herc�e,S3 Fire. 114L(( Checkac_wmpanying documents (� Background Information (reason supporting request) ❑ Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, achievements, history of nominee etc.) ❑ Letters of permission signed from nominee(s) or next-of-kin Name is to be used for: _:�L- d e.o -- Oe ,. ro-5R� e-- (Provide details such as location/address of building) Policy Statement: Municipal buildingslfacifitles, either new or existing, must be named to recognize individual(s) or an organizations) having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the Country, or to recognize significant local geographical or historical features /events. Elementslcomponents of the buildings /facilities may also be named according to this policy. 13 -19 Criteria Met: (Please check one or more boxes) U,-'(he contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ❑ Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. C' Names may recognize local history (people, events, etc.) or cultural !diversity (aboriginal, pioneer, ethnic). U Nam s may reflect the service, function or programming of the building. amen may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. Nominator's For Office Use Only: 01""Names of living political figures shall not be used. ['Names shall not insinuate any political affiliation. ®'Names shall not duplicate or sound similar to existing municipal buildings /facilities. ®'Names which are cumbersome should be avoided. Names hi are discriminatory /derogatory in terms of race, sex, colour or crud will Oot be considered. A/ h5 Department Date Personal information on this form is collected in accordance v4th the Municipal f=reedom of Information and Protection of Privacy Act Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario LIC 3A6 Phone 905 -623 -3379 3 -20 ,k Fw: Name that Newcastle fire half > name submission Dawar Taylor to: Dawar Taylor 2310512013 08 ;18 AM NEWCASTLE' Highway of Herons ' FIRE HALL AT"I CLARINGTON' Highway of Heroes' FIRE HALL This is a great way to hanor our veterans at war and first memorial fire hall along the highway of heroes stretch since it will be relatively close to 401, and a symbol hall for all those'heroes' working there as fire - fighters that put their lives at risk to help save those in need around our community. It would become a focal fire hall for many great things with a name like that, and be another landmark or symbol of unity and strength for the growing Clarington community:) I am okay with altering the name around to suit the community name and highway of heroes slogan. A community flag, provincial flag, Canadian flag, and a veterans flag or poppy flag could be out front with a nice floral display and plaque etc. Everyone would love it hands down, and many who will be passing through as our community grows after 407 extension and Bowmanville go train extension will come to know how united and patriotic we are of our community and country as a whole:) Thanks, have a great day! Dawar Taylor Name that Newcastle fire hall CLARINGTON --- The new Newcastle fire hall, being built at 3333 Hivy. 2, needs a name. The municipality is asking residents to suggest... Published: Today at 4:30 AM http://www.durhamre ion. com/news /article /l 6198 84- -name- that- newcastle- fire -ball Sent from the Clarington this Week mobile App. Click here to download now: 13 -21 13--22 http! /polar.me /app /mlclarin tonthisweek. CLARINGTON -- The new Newcastle fire hall, being built at 3333 Hwy. 2, needs a name. The municipality is asking residents to suggest names for the fire hall. The name can honour individuals or organizations who have made a significant contribution to public life and the well -being of Clarington, the province or the country. Or the name can recognize significant local geographical or historical features or events. To suggest a name for the new fire hall, nomination forms, together with the policy and criteria outlining the process for the naming of municipal facilities, are available at the Municipal Administrative Centre in Bowmanville or on the municipality's website at www.clarinLFton.net. The deadline for submitting nominations to the municipal clerk is 4 :30 p.m. on Friday, May 31. Dawar Taylor Distribution & Sales Manager Disticor Magazine Distribution Services Attachment No. 3 to Report CLD- 021 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL BUILDINGSIFACILITIES NOMINATION FORM Nominator's Information: Name U6 lldir - Address City Province Postal Code Telephone Proposed Name: I fe, 04 Check accompanying documents 6K Background Information (reason supporting request) ❑ Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, achievements, history of nominee etc.) ❑ Letters of permission signed from nominee(s) or next -of -kin Vj Name is to be used for:' Y e- �r e � I (Provide details such as location /address of building) Policy Statement: Municipal buildings /facilities, either new or existing, must be named to recognize individual(s) or an organization(s) having made a contribution to public life and well being of the significant Municipality of Clarington, the Province or the Country, or to significant local geographical or historical features /events. recognize Elements /components of the buildings /facilities may als =beje according to this policy. Rttifl,V�]SY.. r s [ ?!;;LCiiGtJ Sd! �JNM1`sTION COPY NJ: I l7 �,'.54'OR C1 tic =R� C3 Cr1G i7F C�JUr.�� s CC Cl T is St18`f 5E .,rN Criteria Met: (Please check one or more boxes) ❑ The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ❑ Names of individuals or groups who have donated moneylland towards the purchase or development of a building /facility may be used. • Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic). • Names may reflect the service, function or programming of the building. ❑ Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. 1-2 Lam✓ ` Nominatgr�s Signature Date For Office Use Only: Names of living political figures shall not be used. &"Names shall not insinuate any political affiliation. C� Names shall not duplicate or sound similar to existing municipal buildings /facilities. W"Names which are cumbersome should be avoided. [d Namendrill ich are discriminatory/derogatory in terms of race, sex, colour or cry not be considered. UL - 1,40, 1- s Department Da e Personal information on this form is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 Temperance Street, Bowrnanville, Ontario L1 3A6 Phone 905 - 6233379 13 -24 May 23, 2013 Clarington Name Game Mister Mayor and Council; Hello my name is Lori Alldread and I am nominating my father Alfred Alldread to be named for the new fire hall Station # 2 in Newcastle. My father was a firefighter for 43 years in Clarington. He worked his way through the ranks of the department from a volunteer firefighter in 1966 to Captain. Then was made Deputy District Chief in 1978 to 1991 and then was promoted to District Fire Chief in 1991 and retired in 2010. He was well liked and respected as a Fire Chief by his employees and fellow Chiefs and officers. He has been a resident of Newcastle all of his life. He followed in his father Talbot Alldread's footsteps. Talbot was also a firefighter in Newcastle for many years. Alf's younger brothers Jeff and Jim also served on the department for years. His Uncles Jack Gray, boug Gray and John were members of the department in Newcastle as well. The Alldread name is a well -known name in Newcastle. Fire has been a huge part of our family as you can see. It started at the age of 10 years old my dad saved his ,Uncle John's life and his family. He woke up in the middle of the night to find his Uncle John's house on fire. He ran next door and knocked on the door to inform him to get out of the house. Another incident was when he was 20 years of age he was coming home from night shift at GM to go assist with a house fire that unfortunately took some young children's lives. He was not even a firefighter at that time but still ran into a burning house to get the people out. My dad risked his life numerous times to fight many fires over the years. Many family dinners and Christmas mornings were interrupted all for the love of his job. The main reason my father was a firefighter was to give back to the community and to the residents of Newcastle. He was really sad to leave the department as he was over the age of 65 and was told he had to retire. He loved the community aspect of the ,job and enjoyed the events representing the Fire Department at the fail festivals and the Santa Claus Parades. He took pride in his appearance and professionalism when he was in the public eye. 13 -25 His strong work ethics made him a well- respected leader and mentor to many people. As with anything he does he puts his heart and soul into everything he accomplishes. Departments in other cities across Ontario name their new fire stations after their previous fire Chiefs so why not name this one after the Retired District Fire Chief where he was a vital part of its Operations. No other Chief in Clarington will ever have as many years of service as my father did. I feel he deserves this as he is an amazing hardworking, well respected man in this community. Please consider naming the fire hall after a dedicated resident and District Fire Chief that served his community well for 43 years. Than you for your time, Lori Alldread 13 -26 Achievements and Certificates Full Name: Birthplace: Resides: Alfred Charles Alldread Bowmanville, Ontario Newcastle, Ontario Certificates and is ues: • Town of Newcastle Dedicated years of service plaque: 1966 -1978 Firefighter /Captain Town of Newcastle Dedicated Years of service plaque: 1978 -1992 District Deputy Chief Municipality of Clarington Dedicated years of service plaque: 1991 -2010 - District Fire Chief Fire Marshall of Ontario for 43 years of service plaque. Certificate of Recognition from the Town of Newcastle 13 -27 Leiter of Permission I am giving permission to use my father's name Alfred Charles AIldread as the nomination for the hall name. Z Lori Alldread 13--28 Attachment No. 4 to Report CLD- 021 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL BUILDINGS /FACILITIES NOMINATION FORM Nominator's Information: Name r q Address City Province Postal Code Telephone Proposed Name: l Oc "Yrxc- Check accompanying documents i� Background Information (reason supporting request) W-" Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, Oachievements, history of nominee etc.) Letters of permission signed from nominee(s) or next -of -kin Name is to be used for: Oct WC . ' e � Ce_ " (Provide details such as locationladdress of building) Policy Statement' Municipal buildings /facilities, either new or existing, must be named to recognize individual(s) or an organization(s) having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the Country, o to. =-- zr-- =�_ - -_ recognize significant local geographical or historical feat res§Idv6htsl� -11._ -� Elements /components of the buildings /facilities may also:. ,, a ed according to this policy. i Cl CDLIN11. C] % L'`,CtL Ci ; iC_ COP' TO: i;;tift3D t, °? '3 Q Ct,() i C; ' ;.r;L MUNICIPAL CLERICS FLE Ca Ta•v. _F'r•l ,'r, [? •iIGI .'.L [� i,-_Rn�.�..., 5EI�','ti�3 CLES'r.5 El PLA;1NING WLcl OR 0IREAS�RY SEF I.W.'S MUNICIPAL CLERICS FLE Criteria Met: (Please check one or more boxes) WK"The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ❑ Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. ❑ Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic). ❑ Names may reflect the service, function or programming of the building. ❑ Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. No ira, or's 8ignature Date For Office Use Only: (Names of living political figures shall not be used. R°Names shall not insinuate any political affiliation. Q" Names shall not duplicate or sound similar to existing municipal buildings/facilities. Names which are cumbersome should be avoided. il�Names w ' are discriminatory/derogatory in terms of race, sex, colour or creeprwi ll � of be considered. Department Date Personal information on this form is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario LIC. 3A6 Phone 905 -623 -3379 13 -30 Municipal Clerk's Department The Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 As a member of the family of the only surviving blood relatives of James Hayman, I would like to submit the name of my uncle for consideration in the naming of the new Fire Hall in Newcastle. My mother was Ruth Bettles, sister to Jim. Uncle Jim was a member of the Bowmanville fire Department for 41 years, being Fire Chief for 14 of those years. He lived his whole life in Bowmanville, supporting his community whenever possible but the fire department was his life. After reading the attached biography that I have put together, I am hoping that you will consider my uncle's name to be a part of the new Fire Hall in Newcastle. Mary Tillcock, nee Bettles 13 -31 Lames Edward Hayman Born in Bowmanville on September 14, 1918, Jim was the only survivi 119 son of Thomas and Mary Hayman. He had an older sister Ruth who married, in 1936, Charles Bettles, nephew of William Bettles (Town Councilor 1934), the owner (1931 - 1945) of Bowmanville Dairy. In the early 1920's, Jim's father was a member of the construction crew that built the Newcastle Community Hall. Except for a period of approximately six months in 1923/24 when the family moved to England, Jim resided his whole life in Bowmanville. Eight months after returning from England, Jim's father passed away from pleurisy. Jiro was only six years old at the time. Following his.father's death, his mother became the housekeeper at the home of Mr. and Mrs. F.C. Vanstone, owners of Vanstone's Mill. In September 1941, he married Alice Medd in Trinity United Church, Bowmanville. They were life -time members of Trinity Church with Jim sitting on many committees over the years. He was also a member of Jerusalem Lodge #31 A.F. & A.M. A mechanic by trade, he worked at Palmer's Garage, and later at Robson Motors as Service Manager. He was also an Instructor at Durham College. A year after his marriage, in 1942, lie joined the Bowmanville Fire Department as a volunteer firefighter and continued for the next 41 years to be a valuable member of the department until taking retirement at the age of 6S. Even then, his commitment to the fire department never failed and he was often seen at the fire hall helping with one project or another. In 1952, a son Carl was born. Carl showed a very high standard of schooling extending through University and taking him to a promising career with General Motors of Canada. He was valedictorian at Bowmanville High School and an Ontario Scholar. He attended both York and Queen's Universities and was a Supervisor in the Financial Department of General Motors at his untimely death in 1980 at the age of 28. In 1967, Jim was very involved in moving the fire department from its old facilities on the south side of Church Street to the new building across the road which housed the new regional police station and fire hall at that time. In 1969, Jim was appointed the first full -time Fire Chief for the Town of Bowmanville and the only full -time member of the Fire Department. In 1974, with the introduction of Regional Government, Jim was named Fire Chief of the Town of Newcastle Fire Department. As Chief, he was responsible for the amalgamation of the local fire departments that had served Bowmanville, Newcastle, Orono and the 13 -32 surrounding townships of Clarke and Darlington. Cinder his leadership, fire stations in Newcastle, Orono; Bowmanville and Courtice were established under the control of a single municipality. in 1981, Jim was instrumental in the purchase of the municipality's first aerial ladder truck. Also, during his time as Chief, the municipality purchased its first tanker truck for fighting fires in rural areas. In 1983, at the age of 65, Jim had to retire from the job he loved so much because of compulsory retirement policies. In July 1994, Alice, his wife of 53 years, passed away. In December 1995, he married a long -time friend, Joan and they continued to live at the family home at 24 Ontario Street, Bowmanville. On May 29, 1999, Jim passed away at Lakeridge Health Bowmanville and is interred at Bowmanville Cemetery. 13 -33 ��yy l0 d ❑ i. ' �� �.. 'oroh.. 3�:`❑ U o'oaW'w •. a� sA1'N'�'�a' +.; ❑❑�A�'��i I `� � ����_i3'•���+ r�._;� � t� '�••a •� ' � ,'�, . o ��LOL1144 _ O}D,,.Fr}`'I�Fi NrU ASV' � � .�..c6`'. �..•�y�,�,Yt' A- 'il, - .a °�•'sc.-.�.`�- 'a`"i�Q.`� `� , o sue. o - m.• • '.+, ,�•.�0 M �t O'er •6Q C4n t7 y' ttl. �,ei-L trs R { '] '*sy - "_ 'u Q,Hq' .•a.¢ipy yO0 F'i W.'>a h•��*. si `':..1 o v 1� 7'ma. caaa a� 'a o 3d:.. : m �; � -: e'er .a5';n �ao•'-Ssi uw. • .- �,�•�:.- � d,'.ai. �, v � u ti �• { ...� : `; _ - ;3 � `� '�'. � gar .s1 -� '� � _° � ,� � ,� ,y _� � . q;�; �_'� �•� � '�3 ., '.�a- c-r '� i..k7 ca- � G .0 ¢�1 }-}.,�,d.., .. -r�'I- 't�. a •� '� •�. al �, NEW 00 p a3FJn; ?�ia,.;a•- cL� Q c'' +�?.... _ ::. ; -sa !3hyr ;a yr o r• �R a „.� cry..ea. •. b.: �.Y - }1 -'�•.- .�:Y+'3� �S-U`+ D��f:: -�:S N.e,`• p•ZryT 13 -34 -• �''3'mtyb'° s.4 I& 11Dtoric Bowmanvllle Fire Truck Has New-Home in �Pofl Hope :- useur Jim This 1950 tire truck which formerly seirvdd .the Town of Bowrrianvilie has been sent to the Canadian .re Fighterrs' Museum in Port Hope. However, 'tbi ,.vehicle will remain under the ,ownership of 13 .' anvilie`s-pari- titrte firefighters who. call themselves The 'Alen Fire Company.;The.veWcle. will.still be rgfiTan;ana'Graydon Brown, of the Clarington Fire Department and retired Bowmanville id Town of Newcastle Fire• Ch lof Jim Hayman. gill Lyle and Graydon Brown were the first dill-tirno °efighters toU hired,by the municipaFfire-degartment and Jim Hayman,was Bowmanville's'first fre [let. 'A 1950 GMC' fire truck which )tested . Bowmanville, - for. - over: ce. decades`is going on display in Canadian- - Fire Fighters' Mu- im in Pore Hope-. Th'e .fife ..track,. left town. -last. :ck; but it will be back for parades J-. .other. special events. Since: 86, it has been owned by part - te firefighters making up The ert Fire Company in Bowman- a price tag of $300,000... Ai the time. the Bowmanville pumper: was:first. responding to. fire calls,.the town of Bowinanyille had just 18 members on its all - volunteer, depariment..They werepaid $35*pe'r .year and were based- in an bld fire hall across the . road ' from the present -day headquarters. The old fire station site is now occupied by an apartment. - le: - Jim Hayman, a former nowman- Jim..Hayman, the former..Bow- ville volunteer firefighter, became, inville dire Chief and. the retired the town's first: fire.chief and oiily ief of the Town of Newcastle Fire full -time member bf the fire depart - partment, recalled some of the ment in 1969. tort'. of the truck. before 'it :was Later, in 1971, Graydon Brown ven under its own power to port becalne howmanville's first full - ,pe October $. time firefighter. He was joined by The.-­vehicle, which could pump Bill Lyle in '1975, by which time 7 gallons per minute, represented Bowmanville was part of the Town to -of -the art technology. in its of Newcastle. I. "1t was purchased for about The-. fire deparment -has, in the 000. past. two decades, grown with the By ' contrast, Clarington Fire municipality. ief Mike Creighton says that a By 1987, additional full -tithe ,v.fu:e truck currently on order has• firefighters were hired for the day staff in Station One; Bownianville. . . By 1989, there were 16 flrefighi- ers i,n four full -time crews; provid- ,.irig 12 hour-daytitne coverage at the fire. stations in Courtice an'd,Bow- manville- This service continues at `the present time. And; of course, the tia- diaon of voluateer firefighting _lives. fu�efi on. Part-time ghters staff the fire stations in Orono, Newcastle and Enniskillen and ' also' -augailent (be fireflghtiiig services :available in- Bowmanville and Courtii e. ief Creighton says Cite current strength' of. the #ii•e department is 120 - part -time firefighters and 23 full -time staff. Although the municipality now has 18 ' firefighting vehicles;, it's doubtful that the new. ones have. the same historic and sentimental value that goes with the older machines which have been maintained-by gen- erationsof firefighters: Canadian Fire Fighter's-Museum is open from 10 a.m. to.A.p:m. dur- ing June, July acid August;-lours can also be arrange. by appointment during other times of. ft year, It, is located at 95 All St. S., on- .the.east side of the Gatiaraska River, °near the Port Hope Harbour, 13 -35 DurhamRegion durhamregion.com Ciarington Oshawa - Whitby This Week • Poit Perry Star Ajax & f'ickc-dng News Adverti,er t UxbrjdgF,'simkes ioufnai Longtime part -time firefighter retires By Jennifer Stone July 17, 200G Page 1 of 2 k COURTICE -- Pat Drumm didn't quite know what he was getting himself into when he raised his hand during a community meeting in 1978. It was then that the local fire department went to Courtice, to talk about the possibility of building a fire station there. "It was before the Courtice fire station was even a hole in the ground," said Mr. Drumm. "Back then, it was all farmland out here." But, growth was imminent and the fire department needed to keep pace. "They said, for us to do this ... we need your input and support and we need 15 people to become volunteer firefighters to open the station up," recalled Mr. Drumm. He raised his hand and was soon contacted to see if he was still Interested. He was. "At that time, there were two full -time firefighters in Bowmanville, and the fire chief, Jim Hayman," said Mr. Drumm. "Between the three of them, they trained the 15 of us from the ground up." In June, 1979, the Courtice fire station opened, with Mr. Drumm among the ranks of the part -time firefighters. Almost exactly 27 years later, on June 30, 2006, Mr. Drumm ended his firefighting career, choosing to retire from the ranks, having reached the level of District Chief. The decision to retire wasn't an easy one for Mr. Drumm. But, when he lost his son, John, four -and -a -half years ago, to cancer, the former. District Chief said he started to "look at things a little differently." Two years ago, at age 57, he took early retirement from his 35 -year career at the GM Oshawa car plant. But, for a while, he continued as a part -time firefighter. "Early on this year, I was reviewing my life and there were things I wanted to do when I left GM that I haven't, and there's one reason why," he said. So, to the surprise of his wife, Doris, daughter Paula, and almost everyone else who knows him, he chose to quit firefighting. "Everyone was shocked," he said. There have been plenty of memorable calls for Mr. Drumm over his years on what eventually became the Clarington fire department. "The odd -ball calls, the one -in -a- lifetime ones," like a plane crash on the lawn of Pingle's farm in Courtice and others, "stand out," said Mr. Drumm. "You think you've seen it all and then something like that happens and you just shake your head." The scariest call came late in his career, during the Nov. 9, 2004 series of explosions and fires at Caiedon Propane, in Bowmanville. He was helping contain one of the major fires at the site and all night, firefighters could hear, but not see, propane tanks blowing up. In some cases they were blasting off nearby. "When daylight came the next morning ...that field (next to where the fire was being fought) was just littered with 24- pounders (propane tanks)," recalled Mr. Drumm. Being on the fire department has taught him a great deal, said the former District Chief. 13 -36 DurhainRegion Page 2 of 2 "I notice some things that other people don't, because it's so ingrained," he said, noting he has numerous fire extinguishers and smoke detectors through his Courtice home. "Every time I see in the news that someone has died in a house fire, I say, 'I wonder how many working smoke detectors were In that house/ and I bet I know the answer," he said. "Smoke detectors save lives, there's no question." over the years, he's seen things change in Courtice, and at the fire hall. As Courtice's population grew, the station went from being staffed entirely by part- timers, to getting a full -time day crew, to getting 24/7 full -time firefighters at the station, while keeping the part - timers on. The station tries to keep 25 part- timers on staff at all times. Being a part -timer isn't necessarily an easy job, said Mr. Drumm. "I would be out two or three hours in the night, and go In and work at GM" during the day, he said. "It's a huge personal commitment and you have to be aware of that. As a part -time firefighter, there is no start and stop (time to the workday.) You have to be around." It's been gratifying to find he and the fire department have positively impacted people's lives, he said, pointing to one occasion where they went to a home in Courtice to help a woman in relatively minor medical distress. Since that call, Mr. Drumm said he's had occasion to run into the woman and her husband, and each time, they thank him for that he did that day. "This is a case where it wasn't anything really serious, but it meant a lot that we came and helped," he said. "That's why I joined the fire department. It means more than any accolades." This article is for personal use only courtesy of burhamRegion.corn - a division of Metroland Media Group Ltd. 13--37 Graydon Brown, fulltime firefighter retired after 34 years of service to the community. Hired in 1971 by Fire Chief Jim Hayman as the Town of Bowmanville's first fulltime firefighter, Graydon rose through the ranks to become a Captain. Graydon continues to volunteer as a Captain at Station 3, Orono. Thank you Graydon for your dedication to the service and your community. Pat Drumm, volunteer firefighter retired after 27 years of service to community. Pat began his long career with the opening of Courtice Fire Station 4 in 1979, rising through the ranks to become District Chief. Thank you Pat for your dedication to the service and wish you good health and happiness. From c�dU(p e-port Gc��� W eir D"r���c�r �� -nerc {=r1Cy J ! ire- Cie ser 6 C e- S / • i 3-3 0 Attachment No. 5 to Report CLD- 021 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL BUILDINGS/FACILITIES NOMINATION FORM Nominator's Information: Name c lykdoiflel U "A"��91) Address City Province Postal Code Telephone Proposed Name; Ci :A e- e-1wti` �i`� 5-���'ar� Check accompanying documents Ia Background Information (reason supporting request) 01 Biography (include information such as: given name, date of birth /death, place of birth/death, contributions, awards, achievements, history of nominee etc.) Letters of permission signed from nominee(s) or next -of -kin i 4 - I�� _1?� 141 Name is to be used for: fW e-W �; ,r �. � (Provide details such as locationladdress of building) Alp- Policy Statement: Municipal buildingsffacilities, either new or existing, must be named to recognize individual(s) or an organization(s) having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the Country, or to recognize significant local geographical or historical featureslevents. Elements /components of the buildingsffacilities may also be named according to this policy. 13 -35 Criteria Met: (Please check one or more boxes) Fff The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ® Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. Q Names may recognize local history (people, events, etc.) or cultural diversity {aboriginal, pioneer, ethnic). © Names may reflect the service, function or programming of the building. Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. /a J--Z�!6 - - z 3 Nominator's S nature Date For Office Use Only: Names of living political figures shall not be used. I/Names shall not insinuate any political affiliation. CK` Names shall not duplicate or sound similar to existing municipal buildings /facilities. 2( Names which are cumbersome should be avoided. M'� Name hich are discriminatory /derogatory in terms of race, sex, colour or cfded 411 not be considered. 8 /h.3- lerk's Department Date Persona[ information on this form is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario LlC 3A6 Phone 9(15- 623 -3379 13 -40 May 29, 2013 Re: Name the New Fire Hall I am requesting that the Town of Clarington give consideration to naming the new fire station the "Samuell Brereton Memorial Fire Station ". I am the eldest daughter of Sam Brereton and I believe he has more than earned the honour of having the fire station named after him. I submit the following information and attached documents in support of this request.. Samuel John Brereton was born in the Village of Newcastle He was a lifelong resident until his passing Sam's life was ALL about service —to his family, to his community and to his country. He was a member of the Canadian Navy for World War 11 from 1939 to 1945, service which was recognized by his community with a Certificate of Appreciation on the occasion of the 50th Anniversary of VE -Day (attached). He was an active member of the Royal Canadian Legion Branch 178 and helped organize and run the yearly Remembrance Day Service at the Newcastle Cenotaph until his death. He was a 30 -year employee of General Motors during which time he and his wife Margaret, who was also active in the community in her own right with the Community Hall Board and Girl Guides, raised 3 daughters. Sam served as a volunteer firefighter for 29 years, from 1966 to 1995. For several years, this service included the title and duties of District Chief. (I guess it helped that for years he lived right next to Station 2 on King Street). His continuous and exemplary service as a volunteer firefighter was recognized by the Fire Marshall of Ontario's office by the awarding of a plaque and a medal in February 1992. Sam was also recognized for his volunteer work for the Village of Newcastle with and for the youth of the village with the "Honour Award Citation 1977 -78" by the Ontario Minor Hockey Association (OM HA). I have enclosed a copy of the write up for this award as It lists his volunteer accomplishments and speaks to his character far better than I could hope to match. I think you will agree that Samuel John Brereton is about as worthy for this honour as anyone could possibly be and that the Town of Clarington could be justly proud of his name on our new firehail. Sincerely, � C_ 4 Charlotte Vaughan "/1 41, 13 -41 BRERETON, Samuel John (Sam) (Retired 30 -year employee of GM, former volunteer firefighter and District Chief, Newcastle, life -time active member of St. George's Anglican Church, and member of the Royal Canadian Legion Branch 178). After a courageous battle with cancer, in his 76th year, at Lakeridge Health Bowmanville on Monday, August 6, 2001, surrounded by his family. Sam Brereton, loving husband of Margaret A. ( Denike) of Orono, and the late A. Margaret (nee Ash). Loving father of Charlotte Mary and her husband Bob Vaughan, Aimee Brereton, and Irene and her husband Paul Sheridan. Dear step- father of Dorella and her husband Andy Van Die, Rick and his wife Judy Denike, and Suzanne Windeler. Beloved Grandpa of Shari Vaughan. and Denise Mauer; Cassidy and Hunter Sheridan, and great- grandchildren Nicholas and Vaughan. Also missed by his 9 step - grandchildren. Loving brother of Mary, Irene, and the late Frances, Charlie and Tom. Friends may call at the NEWCASTLE FUNERAL HOME, 386 Mill St. S. (Mill St. exit, just north of 401 at the lights) from 2 -4 and 7 -9 p.m. on Thursday, with a Legion service at 7 p.m. Funeral service in St. George's Anglican Church, Newcastle, on Friday, August 10, at 11 a. m, Cremation, with burial at St. George's Anglican Cemetery, Newcastle. Donations to the Canadian Cancer Society in Sarn's memory would be appreciated by his family. 11 13W-42 SAMUEL BR,ERETON HONOUR AWARD CITATION 1977 -78 Twenty -six years ago Sam was among a group of men who constructed our Arena in the Village of Newcastle. Upon completion, Hockey was barn here. Hockey at that time was one team, each line a different age group played on the honour system. Throughout this period Sam was involved with hockey in'. Newcastle in every camcity. Ton years Iater the O.M.H.A. arrived here and he was made our O.M.H,A. Contact Man and has remained so to this day. During these years Sam also was our Volunteer Recreation Director, for the Village, Volunteer fireman, actively involved in baseball in all areas and an active participant in his church. Behind the scenes his wife Margaret would always take over and help when Sam was at work. She stood behind him and supported his activities even though she was also actively involved in the interests of their three daughters. The most important fact about Sam is that he has always been the mainstay, the one who has helped us through the ups and downs, never seeking rewards or acclaim but always in the background willing to offer assistance and guidance. One outstanding characteristic of Sam's has been his honesty and integrity, these examples he has always set for hockey players, coach and parent alike. Sam has chosen this year to retire and we are forever indebted to him. No words are 'more fitting than the O.M.H.A. Motto "Good words shall gain you honour in the market place; but good deeds shall gain you friends among men ". Submitted by: Newcastle Minor Hockey Association 17 13 -43 t,alUNUPALITY OF [ _ laring o Diane Hamm CERTIFICATE OF APPRECIATION Mayor TO THE VETER"S OF WORLD WAR II IN COMMEMORATION OF THE 50TH AN1IVIVERSARY OF VICTORY I am ' honoured, S. :BRERETON, to express to you the appreciation of the Municipal Council and the People of Clarington for your royalty, dedication, and sacrifice as a member of the Armed Forces in the Second World War. On this, the 50th Anniversary of YE-Day, we recognize the selfless courage of you and the many Canadian men and women who left home and family to contribute to the victory of the Allies in those dark days of 1939 to .1945. We continue to remember and recognize the contribution that you made, and this Certificate is our way of marking the occasion. We wish you good health and happiness. Yours respectfully, DIANE H"RE- 13 -44 C011PORA`iION OF THE MUNICIPALITY OF CLARINGTON 40 TEFl.PERANCE STREET • 1:30WMANV €L1.E • ONTARM • F.4C 3A6 - (905) 623 -3379 • F'AX 623.5717 Council Minutes ROLL CALL Present Were: Absent: Also Present: PRAYERS TOWN OF NEWCASTLE February 24, 1992 Minutes of a regular meeting of Council held on Monday, February 24, 1992, at 7:00 p.m., in the Council Chambers Mayor D. Harare Councillor A Dreslinski Councillor K Hooper Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Councillor L. Hannah (On Regional Business) Chief Administrative Officer, L. Kotseff Director of Community Services, J. Caruana (Until 9:32 p.m.) Fire Chief, M. Creighton (Until 9:32 p.m.) Director of Public Works, W. Evans (Until 9:32 p.m.) Treasurer, M. Marano (Until 9:32 p.m.) Director of Plmming and Development, F. Wu (Until 9:32 p.m.) Town Clerk, P. Barrie Councillor O'Toole led the meeting in Mayor Harare, together with Councillor Hooper and Mike Creighton, Fire Chief, presented a plaque and medal from the Fire Marshal's Office to Sam Brereton, District Chief, Newcastle Fire Department, Station #2, in recognition of 25 years of fire service to the Town. 13-45 Attachment No. 6 to Report CLD- 021 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL BUILDINGSIFACILITIES NOMINATION FORM Nominator's Information: Name Address City Province Postal Code Telephone Proposed Name: Thr- Llalziz-- (pv/1 -o-j Fi re- Check a e/ompanying documents q / Background Information (reason supporting request) Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, chievements, history of nominee etc.) q Letters of permission signed from nominee(s) or next -of -kin Name is to be used for: i (Provide details such as location /address of building) Policy Statement: Municipal buildings /facilities, either new or existing, must be named to recognize individual(s) or an organization(s) having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the Country, or to recognize significant local geographical or historical features /events. Elements /components of the buildings /facilities may also be named according to this policy. 13 -46 Criteria Met: (Please check one or more boxes) The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. © Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic), ® Names may reflect the service, function or programming of the building. CI Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area. For Office Use Only: Ul"Names-of living political figures shall not be used. L' Names shall not insinuate any political affiliation. Ca' Names shall not duplicate or sound similar to existing municipal buildings /facilities. 2�r Names which are cumbersome should be avoided. LI' Names which are discriminatory /derogatory in terms of race, sex, colour or creedl wil not be considered. Department Date Personal information on this form is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 Temperance Street, Bowmanvi Ile, Ontario L 1 C 3A6 Phone 905 - 623 -3379 13 -47 Martha Hendrikx To: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 May 27, 2013 Re: Naming of Municipal Buildings Nomination Form for the new Newcastle Fire Hall My family and I would like to put forth a name for consideration for naming of the new Newcastle Fire Station. The name we would like to put forth is: "The Mark Hendrikx Memorial Fire Station" The late Mark L. Hendrikx was a huge supporter of anything and everything Newcastle related. Any event that was held in Newcastle, we were there as a family. Any volunteers that were needed, we were there as a family. Mark approached the Newcastle BIA and the Municipality of Clarington with the idea of starting the Newcastle Santa Parade. it took thousands of hours each year to organize and bring the night time Newcastle Santa Parade to fruition. This parade was to showcase Newcastle and its surrounding area. Mark opened his Chartered Accounting business in Newcastle in 1994, serving the local taxpayers and businesses and he was instrumental in bringing many new businesses to the area. In 2004 we purchased a local building that was a historic part of Newcastle and restored it (The blacksmith shop and home owned by the Hoar family) for Mark's business. We were able to do this with help from the Newcastle Historical Society. Mark was the People's Warden at St George's Anglican Church for years, and later on was the Treasurer, He was instrumental in starting the Link Fund to join the Church proper and the Parish Hall. Many organizations in Newcastle were the recipients of Mark's work or help. He had a free Income Tax Preparation Clinic each year for Low Income and Senior Citizens. He helped the Gift of Art start up and he helped out every year with the Art Show at the Lake. He helped the Newcastle Lion's Club, The Girl Guides, the Boys Scouts, The Clarington East Food Bank, The Newcastle Skating Club, The Newcastle Hockey Association(The Newcastle Stars) —to name a few. He helped EVERY school in the area and 13 -48 -Z- supported and donated money to each for the Music Programs. Mark spoke freely to all who entered his office and he was adamant that Newcastle was "THE" place to raise our children. Mark was offered a job a few years before he passed away, to go work downtown Toronto, making 10 times more than he was making in Newcastle. He turned it down, stating simply that " he was tied to Newcastle in his heart. ". In conclusion, we as a family, feel that the new Newcastle Fire Station would be a fitting and amazing place to have Mark's name. It would honour the man who espoused Newcastle and who did everything in his power to bring the name and reputation of Newcastle, Ontario to the forefront. Mark was a hero to many in Newcastle, and as firemen and fire women are truly unsung heroes, let's name the new Newcastle fire station after our unsung hero Thank you The family of the late Mark Hend�r`ikx 1(0 _C1 -f1 t 1VJ s kbq_C. Martha, Marissa, David, Daniel, Rebecca and Vincent Hendrikx 13 -49 Attachment No. i to Report CLD -021 -13 NAMINU Lit' PAUfrillA L. C, 7ilit�sr�t�vv1� NOMINATION FORM REVIEWED BY NomInatoes Information: U GOUGIL a COVCIL U fill: DIRECTION IidfCR MRTlON Name Address City U CO'r.§;A'Jtd1TY 0 COPTOPATE U EVERGENCY a SErTYlvEs IIIER ICES SlRVirrs Province 0 [NG1fj -1P i' 0 4`U?RCfML Cl OPEUTIGNS SNVIC[S CLEF 'S Postal Cade U PLAPeNING a XLICIT02 © U.LEAS NI SIRMES Telephone 0 OTHER MUNICIPAL CLERK'S FIF ProposodName: X43 iLAJZIG�/� Check accompanying documents 0 Background Information (reason supporting request) ❑ Biography (include information such as: given name, date of hirthldeath, place of birth/death' contributions, awards, achievements, history of nominee ate.) ❑ Letters of permission signed from nominee(s) or next•of.kin Name is to Fie used for:l (Provide details such as location /address of building) Policy Statement; Munlcfpal buildings /faclltftes, either new or existing, must be named to recognize Individual(s) or an organizatlon(s) having made a significant contribufion to public file and welt being of the Municipality of Clarington, the Province or (lie Country, or to recagnlze significant local geographical or historical featureslevents. ,Elementsloomponents of the buildingslfacli }ties may also be named according to this policy, 13 -50 i 1 � 1 • Criteria Met: (Please check one or more boxes) Q The contribution of an individuallgroup must be well documented and broadly acknowledged within the Municipality of Ciarington before the name may be used. Ci Names of individuals or groups who have donated money /land towards the Purchase or development of a building /facility may be used, Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic). Names may reflect the service, function or programming of the building. U Names may make reference to the neighborhood, area or street on which the building Is located and can take into consideration any naming themes in the area, a a Iq A:o�mmlnatoes nature ate For Office Use Only., IdNames of living political figures shall not be used. V ames shall not insinuate any political affIllation, ames shall not duplicate or sound similar to existing municipal build ingslfacilitiesl Er Names which are cumbersome should be avoided. W'Namo bi h are discriminatory/derogatory in terms of race, sex, colour or cr ed will not be considered. sl a Department pate Pemonal Information on this form Is collected In aocordanoo with the Municipal Froodom Of Informatlon and Proteatlon of Privacy Act. Any gU@stlons pertaining to the collection should be forwarded to tho Municipal Clark, Munloipality of Clarington, 40 Temperance Street, eowmanvllle, Ontario LIC 3A0 Phone 905 - 8$3.3379 May 29, 2013 "NAME THE NEW FIRE HALL" I nominate Ab Naylor for the name of the new fire hall. In the 1950's I believe all members of the Newcastle Fire Hall were volunteers. Albert (Ab) Naylor was one of the members. As I recall he was vezy devoted to his duties and without thought to himself would not hesitate to risk his life to save others as well as being at the forefront to salvage the buildings which were either ablaze or at risk of fire damage, Ab Naylor was a simple man who worked wherever lie could to provide for his family. He certainly was not wealthy but must have been rich inside for he always carried a cheery smile, a happy face. He served the community well and his son, Gary, served his country by joining the Armed Forces. Ab gave of himself and I know that his life was not always easy, but I think no one ever heard him. complain. I think that Ab went on to become hire Chief, or it might have been Acting Fire Chief. This was his way of helping others and his devotion was iron clad. For these reasons I nominate Ab Naylor for the name of the new "AB NAYLOR FIRE HALL". I hope you can learn more about him from archives or others who knew hire. He lived for many years on Chinch Street in Newcastle. X Re pectfull , 1 2__, Robert Hagerman 13 -52 Attachment No. 8 to Report CLD- 021 -13 MUNICIPALITY OF CLARINGTON NAMING OF MUNICIPAL BUILDINGS /FACILITIES NOMINATION FORM Nominator's Information: Name i c �, � k _ *--e-v,�e.L1 Address City Province Postal Code Telephone Proposed Name: krfe Lnk Check accompanying documents Ld Background Information (reason supporting request) p� Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, achievements, history of nominee etc.) If Letters of permission signed from nominees) or next -of kin Name is to be used for: ]Qt rte. a \� a 3a iu +�vrn__ I rOvla.i 4"CL, (Provide details such as location /address of building) , W.e�-i C- sRe_ Policy Statement: Municipal buildings /facilities, either new or existing, must be named to recognize individual(s) or an organization(s) having made a significant contribution to public life and well being of the Municipality of Clarington, the Province or the Country, r`to�-�Fl;;n�. ,- rtr � - -- recognize significant local geographical or historical fea ures%ens s Elements/components of the. may alsorp,�,,P'1.1 :ed according to this policy. t! COUN'IL 0 FILE iI: INFORMATION, COPY 0 ICI ?;y'ii W '•' :;''v:'.i[ U (PiEH Y $`tRw. =� * PLP,�MTIG D $OL:CITrjr; I_i T i Sr,URY ld SLF�V,t;FS * OTHER hiUMCIPAL CLERICS HLE 13 -53 Criteria Met: (Please check one or more boxes) The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ❑ Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. El Names may recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, ethnic). ❑ Names may reflect the service, function or programming of the building. ❑ Names may make reference to the neighborhood, area or street on which the building is located and can take into consideration any naming themes in the area, Nominator's Signature Date I✓oorr Office Use Only: Ir Names of living political figures shall not be used. ®' Names shall not insinuate any political affiliation. El"'Names shall not duplicate or sound similar to existing municipal buildings/facilities, O'Names which are cumbersome should be avoided. IT-Names w h are discriminatory/derogatory in terms of race, sex, colour or, cre9d wil,Inot be considered. s Department Da fe Personal information on this form is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Clerk, Municipality of Clarington, 40 'temperance Street, Sowmanville, Ontario L1C 3A6 Phone 905- 623 -3379 13--54 VIAJ C C)u)A -0 13 -55 71 Z 7 - -ter i OA N�� d 13 -51 T.C's Awards/Reconnifions 25 year Milestone Award 1969 -1994 The President's Challen a Outstanding Sales achievement during the 7xW{ 73 Sales Cwpaign, From President of GMCL Gold Ley Award " - CPB becomes Durham Regions First Dealer to Receive the "Gold Key" Award The Rotary Foundation of Rotary International Baseball Quest for Gold 1987 CPB objectives: CSl -90+ Passer er 420, Commercial 188, total:608 Toronto zone "Knight of the Boardroom Table" "Take Heed" Mentions several honourable contributions and character statements about T.C. Baseball (Quick mind, member and chairman Bo. s Signed bv: Haliburton, Kawartha, Fine Ridge County of Simcoc, Metropolitan Toronto, Peel Bowmanville United Soccer Club and Durham Districts of Health Council- June 19, 1985 Ministrq of Health Ontario Valued service, time and member of Durham Region District Health Council 21 years of Dedicated Volunteer Service Founder of Memorial Hospital Foundation Bowmanville. This was started when he was Hockey Chairman of the Bowmanville Hospital Board Had Bowmanville Hospital A,credited. C.O.D.A (Central Ontario Dealer Association) Appreciation of Leadership, founding member, Past Director and member of association since CPB# 1 & #2 August 31� 1978 Recognition of Dedicated Service to Oshawa Board of Govenors General Hospital and the community CPB Firebirds Proclamation- Seamen On Aprzo, HMS Huron, crossed the Artic Circle to reach "the Land of the Midnight Sun" Girls Declared Lo al, trusty "Bluenose" President of the Rotary Club Bow/NewBaseball Association Member of Kinsman and K40 Boys Claris n Sports Hall of Fame 02!standtn Achievements, Bowmanville Eagles in the "Team" category... October 20 , 2007 GMAC 1919 -1969 54 yew of Service President's Triple Crown CPB Sales, Service, Parts, Business Mpit 40 Anniversary Mayor Jim Abernathy and members of Council Oct.22, 2009 Northumberland and Newcastle Board of Outstanding Encouragement, Assistance helping students learn about careers, work and Education comet ' MIC Q49tors insurance 1984 Finishing V Sales performanc.e Skate °88 Bowmanville Recreation Complex Memorial Hospital Bowmanville Outstanding contributions 1966 -67 -1986 -1997 Industrial Alliance- Pacifio Life Award of Excellence SAL Grmp 2000 Reader's Choice' 2007- Best Car Deafer Service 2007- Best Domestic Car Dealer Team Snort Awards in Appreciation Support and Sponsorship Year Team Sort Level Gender 1983 Kendal Eagles Baseball Boys 198486 Jr. Orioles Baseball Junior Bo. s 1988, 1999, 2001, 2005, 2006, 2007, 2009 Bowmanville United Soccer Club Soccer Juniors, Peewee, Mosquito, Atom, Major Squirt Boys, co-ed, girls 2002 -03 Toros Hockey AAA Peewee Ba s . 2003 -2004 CPB# 1 & #2 Soccer Atom Girls 2003-2009 CPB Firebirds Claris n Slo- itch Novice, Peewee, Juvenile Girls 2007 CPB Bow/NewBaseball Association Peewee Boys 2003.2004 CPB Hockey Peewee Boys 2003 -2008 CPB Clarington Hockc • Atom Girls 2005 -2009 CPB Clarington Thunder Hack Bantam Bays 13 -586P Ableseaman Tom Cowan has returned to duty on the H.M.C.S. Huron, Halifax, N.S., following 28 days' leave with his mother,. Mrs.Petcy Cowan, Liberty Street. Friends and relatives gathered at- his home Saturday night for a farewell party and many went to Oshawa station to bid him goodbye n good luck. Tom is a gunner and has seen service in many parts of Europe, including the British Isles, France; Russia; and the Normandy coasts, as well as Bermuda. UwC -'ilk Jai 7- ea6k40 13 -59 i� 13 -59 Attachment No. 9 to Report CLD -021 -13 MUNICIPALITY OF CLARINGTON NAMING. OF MUNICIPAL BUILDINGSIFACILITIFS NOMINATION FORM Nominator's Information: Name ,�® I►�,4 a,Jc_ Address City Province Postal Code Telephone Proposed Name: qU,�, ,,N *4 tZcAn E_i Check accompanying documents ❑ Background Information (reason supporting request) ❑ Biography (include information such as: given name, date of birth /death, place of birth /death, contributions, awards, -achievements, history of nominee etc.) ❑ Letters of permission signed from nominee(s) or next-of-kin Name is to be used for: F- <E L (Provide details such as location /address of building) Policy Statement: Municipal buildingslfacilities, either new or existing, must be named to recognize individuals) or an organization(s) having made a significant contribution to public life and well being of_the_, __� Municipality of Clarington, the Province or the Country, oF° {o recognize significant local geographical or historical fe�a�{es/events. e buildin slfacilities may also be amed �� Elements /components of the g i ORIGIN /.; -I?): according to this policy. C3 CL: € €.':GiL Q CiL}!i='_ IC G! r1LF cr W� VO; L3 i 4 1 1 - ` ..7 i 1 U OTHER 13 -60 Criteria Met: (Please check one or more boxes) ❑ The contribution of an individual /group must be well documented and broadly acknowledged within the Municipality of Clarington before the name may be used. ❑ Names of individuals or groups who have donated money /land towards the purchase or development of a building /facility may be used. I Names mj2y recognize local history (people, events, etc.) or cultural diversity (aboriginal, pioneer, e ntc). ❑ Names may reflect the service, function or programming of the building. ❑ Names may make reference to the neighborhood, area or street on which the building is Iocated and can bke into consideration any n` timing themes - in the area. tzQ _ rlk_,2� - /-� 4�jx Nominator's Signature ate For Office Use Only: I "Names of living political figures shall not be used. U`�Names shall not insinuate any political affiliation. ®'Names shall not duplicate or sound similar to existing municipal buildings /facilities. Names which are cumbersome should be avoided. 19'Names which are discriminatory/derogatory in terms of race, sex, colour or tree - will of be considered. rk's Department Date Personal information on this form is collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any questions pertaining to the collection should be forwarded to the Municipal Cleric, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Phone 905 - 623 -3379 13--61 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution #: By -law #: Report#: CLD -022 -13 File #: Subject: REGULATING THE USE OF MUNICIPAL BOULEVARDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD -022 -13 be received; and 2. THAT the by -law attached to Report CLD - 022 -13, A By -Law To Regulate The Use of Municipal Boulevards, be approved. Submitted by: PLB/LDC Reviewed by: rte, CMO Franklin Wu, nici al Clerk Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 1362 REPORT NO.: CLD- 022 -13 1. BACKGROUND PAGE 2 In late 2012 staff were asked to review the regulations governing the use and occupancy of Municipal boulevards. In the course of this review staff found several instances of illegal occupancy and damage to the boulevards. In many cases the public felt the existing rules were unclear and confusing. The intent of the proposed by -law is to create a clear, easily understood set of rules which will allow the general public to recognize the limits of their ability to encumber and occupy the boulevard. The proposed by -law will also strengthen the Municipality's ability to respond to and eliminate illegal occupancies and other problems. 2. THE BY -LAW Until now any control over the use and occupancy of boulevards was found in Clarington By -law 83 -57. As the number indicates this is a very old by -law. It was originally intended to deal strictly with problems on the travelled portions of the roadway. By virtue of the definition in section 1(1) of the by -law, as amended, it was expanded to include the entire of the road allowance. The result was a rather cumbersome by -law. The proposed by -law deals strictly with the boulevards. Its terms of reference and control are more precise and easily understood. The by -law proceeds from the premise that these areas are municipal property and the Municipality exercises strict control over any and all incursions onto and occupancies of the boulevards. The by -law will prohibit any regrading or fill alterations on the boulevards. The placement of asphalt, concrete, interlocking brick, slag, solid stone or wood on the boulevard is referred to as "hard landscaping" and is not permitted on the boulevard. In instances where a resident wishes to widen a driveway or in some other way improve their driveway or access points to the property, the owner may apply to the Director of Engineering Services for approval to do the work. The Chief Building Official will now have the authority to require a security deposit for any potential damage to the boulevard resulting from any construction or demolition work. Where there has been a breach of the By -law, the Municipal Law Enforcement Officers may issue an order requiring the abutting property owner to correct the situation and bring the property back to its original state prior to the incident. Should it be necessary for the Municipality to complete the required work, the work will be billed back to the owner along with a 25% administration fee. 13 -63 REPORT NO.: CLD- 022 -13 3. CONCURRENCE PAGE 3 This report has been reviewed by Andrew Allison, Municipal Solicitor, David Crome, Director of Planning Services, Tony Cannella, Director of Engineering Services, and Fred Horvath, Director of Operations, who concur with its recommendations. 4. CONCLUSION In order to address the continuing issues involving the illegal and improper use of the municipal boulevards, Staff recommend the adoption of the attached by-law. 5. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Len Creamer; Manager, Municipal Law Enforcement Attachment(s): Attachment 'I - PROPOSED BOULEVARD BY -LAW List of interested parties to be advised of Council's decision: None 13 -64 Attachment 1 to Report CLD- 022 -13 THE CORPORATION OF THE MUNICPALITY OF CLARINGTON BY -LAW 2013 — A by -law to regulate the use of boulevards WHEREAS paragraph 1 of subsection 11 (3) of the Municipal Act, 2001 provides that a municipality may pass by -laws respecting highways under its jurisdiction; and WHEREAS the Municipality of Clarington deems it necessary to regulate the use of the boulevard portion of highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: PART l — INTERPRETATION Definitions In this by -law, "boulevard" means all parts of a highway other than the roadway and shoulder; "damage" means physical harm that impairs the value, usefulness or normal function of something; "Director of Operations" means the Municipality's Director of Operations or a designate; "Director of Engineering Services" means the Municipality's Director of Engineering Services or a designate; "driveway apron" means the portion of a driveway within the boulevard; "erect" includes display, attach, affix, post, alter, construct, place, locate, install, relocate and maintain; "fixture" includes a utility box, real estate box, newspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, utility pole, bollard, streetlight, stoplight pole, recycling waste module, mailbox and street sign or any similar public infrastructure; "highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 and includes all unassumed road allowances in a registered plan of subdivision; 13 -65 Boulevard By -Law _._ P age 12 "Municipality" means the geographical area of the Municipality of Clarington or The Corporation of the Municipality of Clarington, as the context requires; "obstruction" means a basketball net, hockey net, skateboard ramp or any other object that may interfere with the safe movement of pedestrians or vehicles; "occupier" means a lessee, tenant, mortgagee in possession or any other person who appears to have care and control of any property; "officer" means a municipal law enforcement officer or other employee of the Municipality whose duties include the enforcement of this by -law; "order" means an order issued by an officer under subsection 30(1); "owner" means the person identified in the most recent tax roll as the owner of any property; "person" includes an owner, occupier, corporation and the heirs, executors, administrators or other legal representatives of an owner, occupier or corporation to whom the context can apply according to law; "property" means any land, including the buildings and structures on the land; "tree" means any species of woody plant which, at maturity, is usually 5 or more metres in height having one or more self- supporting trunks and includes the roots, branches, trunk, crown and all parts thereof; "utility" includes underground pipes, wires and conduits, utility poles, light standards and overhead wires, water shut off valves and hydrants; and "vegetation" means vegetation of any kind including shrubs (woody plants smaller than a tree and having a very short stem with low branches), but does not include flowers, trees or sod. References 2. In this by -law, reference to any Act or By -Law is reference to the Act or By -Law as it is amended or re- enacted from time to time. 3. Unless otherwise specified, references in this by -law to Parts, sections and subsections are to Parts, sections and subsections in this by -law. Word Usage 4. This by -law shall be read with all changes in gender or number as the context may require. 5. In this by -law, a grammatical variation of a defined word or expression has a corresponding meaning. 13 -66 Boulevard By -Law P a.g e 13 Severability 6. Each section of this by -law is an independent section, and the holding of any section or part of any section of this by -law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by -law. Application 7. This bylaw applies to all highways and sidewalks under the jurisdiction of the Municipality. 8. Nothing in this bylaw shall be interpreted as requiring the Municipality to maintain rural ditches or drainage courses other than for the purpose of conveying road drainage. Exemptions 9. This bylaw shall not be interpreted as restricting or prohibiting, (a) the placement or erection of signs in compliance with the Municipality's Sign By -law; (b) the installation and use of a driveway apron that has been approved by the Director of Engineering Services; (c) the temporary placement of refuse or debris for collection in compliance with the standards of the Region of Durham_ Waste Management By -law in effect at the time; or (d) the placement of fixtures in locations approved by the Director of Engineering Services, Conflict 10. To the extent of any conflict between the provisions of this by -law and any condition or other requirement imposed as part of any development approved under the Planning Act, R.S.O. 1990, c. PA 3, the condition or other requirement shall prevail. PART II -- BOULEVARD REGULATIONS Prohibitions 11. No person shall plant any vegetation within a boulevard. 12. No person shall place any fixtures, pillars, signage or similar objects within a boulevard without the prior approval of the Director of Engineering Services. 13 -67 Boulevard By -Law Page 14 13. (1) In this section, "hard landscaping material" means asphalt, concrete, interlocking brick or block, crushed or solid stone, gravel, slag, ground asphalt or wood. (2) No person shall place hard landscaping material, rocks, bricks, lawn ornaments, planters or similar objects within a boulevard. (3) Notwithstanding subsection (2), hard landscaping material may be placed within a driveway apron approved of the Director of Engineering Services. 14. No person shall erect a fence within a boulevard. 15. No person shall re -grade any portion of a boulevard. 16. No person shall leave unattended any obstruction within a boulevard. 17. No person shall permanently erect any obstruction within a boulevard. 18. No person shall remove or damage any sidewalk or other municipal improvement within a. boulevard. 19. (1) No person shall alter or damage a municipal curb, sidewalk, ditch, drainage course or culvert within a boulevard. (2) Notwithstanding subsection (1), culverts and culvert treatments may be undertaken by an owner with the approval of the Director of Operations. 20. (1) No owner or occupier shall permit grass, turf or weeds in the boulevard area abutting their property to exceed a height of 20 centimetres. (2) Notwithstanding subsection (1), rural ditches may contain tall grasses, weeds, bulrushes or similar vegetation and may have local areas of standing water and minor erosion provided that road drainage is not interfered with. 21. No owner or occupier shall, (a) place or deposit or permit to be placed or deposited any fill in a ditch or drainage course located within a boulevard abutting their property; or (b) allow any silt to migrate into a ditch or drainage course located within a boulevard abutting their property. 13 -68 Boulevard BV-Law Driveways Page 15 22. All requests to create a new driveway entrance or to alter an existing driveway entrance shall be processed in accordance with the Municipality's Entrance Policy. Sump Pumps 23. Owners shall be allowed to have sump pumps discharge into the Municipal stormwater system or rural ditches provided, in the opinion of the Director of Operations, there is no interference with the use or operation of any utility, any portion of the boulevard or any other part of a highway. Damage Deposits 24. When the Municipality's Chief Building Official, in his sole discretion, deems it necessary, persons applying to the Municipality for a permit to construct or demolish a building shall be required to provide security in an amount sufficient to cover the cost of any damage that may be caused to a boulevard as a result of the construction or demolition. General 25. No owner or occupier shall place or deposit or permit to be placed or deposited within a boulevard abutting their property anything that would, (a) interfere with the ability of the Municipality or any utility company to install, repair or maintain any utility; or (b) obstruct sight lines or'otherwise interfere with the use of any utility or the operation of a highway. PART lil - TREES Tree Planting 26. No person shall plant any tree within a boulevard. 27. Owners may request a tree to be planted by the Municipality within the boulevard abutting their property, Such requests will be investigated and, if deemed appropriate by the Director of Operations and if sufficient funds have been budgeted for such purpose, a suitable species of tree will be planted. Tree Pruning or Removal 28. No person shall remove, cut down, damage or destroy any tree within a boulevard. 13--69 Boulevard By -Law Page { 6 29. (1) Any owner may request that the Municipality remove or prune a tree located within a boulevard abutting the owner's property. (2) Requests for the removal or pruning of a tree shall only be approved if, in the opinion of the Director of Operations, the removal or pruning of the tree is necessary for public safety, the health of the tree, or another public purpose. (3) Any tree removal or pruning of a tree shall be at the expense of the Municipality. PART IV — ENFORCEMENT Order to Comply 30. (1) Where an officer is satisfied that there has been a contravention of any provision of this by -law,- the officer may issue an order requiring the owner or occupier of the, property abutting the boulevard on which the contravention has occurred or the owner of the fixture to do work to correct the contravention. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the property or the fixture; (c) the general nature of work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner or occupier; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the occupier at the last known address of the occupier. (4) If the address of an occupier is unknown or the Municipality is unable to effect service on the owner or occupier in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's or occupier's property. 13--70 Boulevard By -Law page 17 {5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, five days after it was mailed, or the date that it is posted on the property as the case may be. 31. No person shall fail to comply with an order. Remedial Action 32. (1) Where an order has been issued and compliance has not been achieved by the date specified in the order, the Municipality may cause the work set out in the order to be done. (2) The Municipality may recover the costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs, from the person required to do it by action or by adding the .costs to the tax roll and collecting them in the same manner as property taxes. Emergencies 33. In the event of an emergency, the Municipality may remove any plantings or obstructions located within a boulevard without notice or compensation to the owners or occupiers of property abutting the boulevard. Penalties 34. Every person who contravenes any provision of this by -law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. PART V - GENERAL Short Title 35. This by -law may be referred to as the "Boulevard By -law ". Effective Date 36. This by-law comes into effect on the date of its passing. PASSED this day of June, 2013, Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 13 -71 1A52 NINE 111 1111111 1111 1111 111 1 11111 1111 111 11 11 1 1111 L " i ­11 � 1, 1 i! 111111 i - ,I - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution M By -law #: Report#: ADDENDUM TO REPORT File M CAO- 005 -13 Subject: INTEGRITY COMMISSIONER RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report CAO- 00513 be received. Submitted by: �e 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 18 -1 ADDENDUM TO REPORT CAO- 005 -13 PAGE 2 1. BACKGROUND At its meeting held on May 13, 2013, Council approved the following GPA recommendation: "That Report CAO 005 -13 regarding an Integrity Commissioner be referred back to staff for more information, as per instructions previously given regarding the feasibility of retaining the services of an Integrity Commissioner including the services of another municipality's Integrity Commissioner, and That the report include the following information: opportunity details pertaining to the Integrity Commissioner, associated cost and fee structure, details of other situations where municipalities are sharing an Integrity Commissioner, and the number of complaints that have been investigated using a municipality's Integrity Commissioner ". 2. COMMENTS Staff reviewed the above resolution and would offer our comments in two parts. Part A will specifically address the detailed directions provided in the foregoing resolution. Part B will offer additional comments that are not included in the resolution but are information very much relevant to the subject. 3. PART A 3.1 "the feasibility of retaining the services of an Integrity Commissioner including the services of another municipality's Integrity Commissioner" There is no stipulation nor any details provided in the Municipal Act with respect to the procurement of the services of an Integrity Commissioner (IC ). As a result, it is entirely up to Council to select the appropriate method of procurement of such service. Hence, it is feasible to retain the services of an Integrity Commissioner used by another municipality. 3.2 "opportunity details pertaining to the Integrity Commissioner" We assume "opportunity" means the opportunity to use or share ICs used by other nearby municipalities. In most part, the comments in the paragraph above have shed some light on this. It should be noted that in all Durham municipalities, City of Pickering is the only municipality that has an Integrity Commissioner. Outside Durham Region and in the immediate vicinity - Toronto, Port Hope and Markham have Integrity Commissioners. 18--2 ADDENDUM TO REPORT CAO -005 -13 3.3 " associated cost and fee structure" PAGE 3 The Municipal Act does not specify the qualification of an Integrity Commissioner. Theoretically an IC can be anyone Council deems qualified to do the job. However, the practices in other municipalities generally specify an individual with a background in law, and preferably with municipal governance experience. Based on these criteria, the hourly rate of such individual could be $250 to $500 depending on the qualification of the particular individual vying for the position. That said, the number of hours required conducting an investigation, including interviews and report writing, would be extremely difficult to estimate as the nature and complexity of each complaint varies. Municipalities that were contacted are very reluctant to disclose the fee they paid to an IC for complaint investigation citing solicitor /client privilege. The closest comparison staff can draw on is the cost of a harassment complaint investigation in early 2011 which cost approximately $8,000. Should Council decide to proceed with acquiring the services of an Integrity Commissioner, we recommend funds be set aside in the 2014 budget. At a minimum, $25,000 hopefully is sufficient to cover three (3) complaints annually. There are other associated costs not directly related to the Integrity Commissioner. Firstly, there is the one time staff cost involved in reviewing, researching and establishing all the ground works such'as RFP etc as related to setting the wheel in motion. There is no monetary value associated with this other than setting aside other priorities to accommodate the additional workload. Secondly, there will be staff cost in the ongoing administration. This responsibility generally lies with the Municipal Clerk in other municipalities and helshe is responsible in receiving and conducting the initial review of the complaint plus handling all the communication and contract administration of the service of the IC. The infrequent nature of IC administration is not likely to generate sufficient volume of work that warrants additional staff resources. Nonetheless, it is an additional responsibility of the Clerk and additional workload to the Department. 3.4 "details of other situation where municipalities are sharing an Integrity Commissioner" We are not aware of any municipality sharing an Integrity .Commissioner on the basis of being an employee shared by more than one municipality. However, there may very well be municipalities using the same IC under individual service contract arrangement. We are not aware of any legislated restriction that would prevent an IC to bid on the similar services of another municipality. W-1m, ADDENDUM TO REPORT CAO- 005 -13 3.5 "number of complaints that have been investigated" PAGE 4 Hence, the number of complaints received by any municipality in any given year would not be helpful to assist Council to estimate the number of complaints that will be anticipated in Clarington. Complaints are triggered by alleged breaches of Code of Conduct. In a perfect situation where every Council Member gets along and behaves properly, there may not be a single complaint. On the contrary, in a worst case scenario would witness Council Members frequently put themselves in a position that invites complaints. 4. PART B The following information is provided in addition to the information sought by Council in its resolution. This information is relevant to the subject matter. 4.1 Frivolous Complaint The Municipal Act is silent on who can lodge a complaint nor does it provide any definition of complaint. Hence, each municipality would be left on its own device to manage frivolous complaints. One municipality has imposed a complaint fee of $100 as a token deterrent, while others did not address this issue at all. We suspect there is simply no effective and legitimate way to satisfactorily address this potential problem. Nonetheless, we would suggest the Municipality develop proper policy framework to provide for screening of frivolous appeals. Ideally, the Integrity Commissioner should be charged with this responsibility to make that determination providing the cost of management of frivolous complaints can be managed properly. 4.2 Service Procurement Due to the infrequent nature in the use of an Integrity Commissioner, plus the fact that the IC must be a person impartial and independent, the only option available would be to obtain services through contracting to a third party. This method of procurement is not dissimilar to the use of a consultant to undertake specialized and occasional works. In fact, this is the common practice in municipalities that have IC. Once the decision to outsource is made, the municipality can then decide on the method of procurement. There are two available options. The first option is to select an individual that Council is comfortable with and enter into negotiation for a service contract. This method would require Council to waive the Purchasing Bylaw requirement to allow sole source contracting. The second option is to issue an RFP which is an open and competitive process. - 18 -4 ADDENDUM TO REPORT CAO -005 -13 4.3 Scope of Works of an Integrity Commissioner PAGE 5 The purpose of an Integrity Commissioner is to investigate any alleged violation of the Municipal Code of Conduct that governs the individual conduct of the elected officials. Other municipalities such as the City of Markham have expanded the scope of an IC to include investigation of complaints related to closed door meetings. In closed meeting compliance, Clarington Council has previously appointed the Local Authority Services Ltd. (LAS), a division of AMO, as the investigator to conduct these reviews. Hence, the scope of works of an IC in Clarington will be strictly limited to the investigation related to the Municipal Code of Conduct. Therefore, any complaint against the Council as a whole will not be under the purview of an Integrity Commissioner. 4.4. Matters to be Considered in the RFP If RFP is the chosen method of service procurement Council should determine how the service is to be procured. The following Q & A should provide some insight to assist Council in its deliberation: a) Who should be the Integrity Commissioner? The qualification of an Integrity Commissioner is critically important to the success of the program. As a minimum, the individual should have a background in law but does not need to be a practicing lawyer. Experience and background in municipal government at the senior administrative or political level would be an asset. Additional requirements such as impartiality and independence would find their way in the qualification description. b) How many Integrity Commissioners are needed? There are no regulations as to how many Integrity Commissioners a municipality can appoint. Suffice to say, there should only be one IC assigned to each case. Municipality can choose to create a roster of several Integrity Commissioners and assigned the case to these individuals on a rotating basis, or it can select only one IC and create a specific service contract with that individual. The roster option has the advantage of reliable service while reliance on a single IC may risk delay due to other commitments of the individual. Perhaps a limited roster of 2 to 3 ICs would provide the best option. ADDENDUM TO REPORT CAO- 006 -13 c) How do we pay an Integrity Commissioner? PAGE 6 The method of payment will need to be specified in the RFP. The first option is "pay as you go ". This a straight "fee for service" approach where you pay only for the service provided. For the purpose of cost control, the hourly rate and approximate number of hours required for each case would be confirmed prior to commencement of investigation. The second option is by way of a retainer relationship where the Integrity Commissioner would receive a retainer fee and essential is "on- call ". Hourly rate of work is generally confirmed in conjunction with the amount of retainer fee through a service contract. With minor modifications, either method of payment would work regardless of the number of Integrity Commissioners required. 4.5 The process Should Council opt for the installation of an Integrity Commissioner? It should first decide whether the service of an IC would be acquired through an RFP process. Assuming Council would opt for an RFP process, the matter should then be referred to staff to follow up and to report back at the conclusion of the RFP process. The works that would be entailed leading to the next report would include the following tasks: a) Prepare the RFP document, defining the duties and responsibilities, specifying the qualification and selection process etc. b) Issue the RFP, establish the evaluation criteria, and conduct candidates interviews. c) Negotiate and finalize draft service contract with the candidate who obtained the highest scores. d) Make recommendation to Council for the approval of a contract of service of an Integrity Commissioner, including the approval of item e) below. e) Prepare detailed policies and procedures in the managing of complaints regarding future alleged breach of Code of Conduct. The CAO will coordinate the various tasks which will be assigned to the Purchasing Manager, the Clerk, the Director of Finance, and the Municipal Solicitor. Based on the experience in other municipalities, we estimate it will take approximately 6 to 9 months to complete the tasks identified above. om ADDENDUM TO REPORT CAO -005 -13 5, CONCLUSION PAGE 7 We believe we have provided as much information as necessary for Council to make an informed decision whether or not to proceed with the installation of an Integrity Commissioner. Council can either: 5.1 Do nothing and that would require Council to receive this report for information; OR 5.2 Proceed with the installation of an Integrity Commissioner. The following suggested resolution may be of assistance. THAT the Municipality of Clarington deems it necessary to proceed with the installation of an Integrity Commissioner to investigate future complaints of alleged violation of the Code of Conduct for Council Members, and THAT staff be directed to: a) Proceed with an RPP process to either i) select one individual, or ii) create a short roster of Integrity Commissioners; or b) Go with the "fee -for service" method of payment; and c) That staff report back upon the completion of the tasks identified in Paragraph 4.5 of this report. 18 -7 x Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 6, 2013 Resolution #: By -Iaw #: Report#: CAO -005-13 File M Subject: INTEGRITY COMMISSIONER RECOMMENDATIONS: 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: um ( _ Franklin Wu, KAD.M. Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVIL.L.E, ONTARIO L1 C 3A6 T 905 -623 -3379 REPORT NO.: CAO- 005 -13 PAGE 2 1. BACKGROUND 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 ". 2. RECENT HISTORY OF THE MATTER OF INTEGRITY COMMISSIONER 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 CILD 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 GAO 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: 18 -9 REPORT NO.: CAO- 005 -13 PAGE 3 "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. 18 -10 PFPORT NO.: GAO- 005 -13 3.2 ADHOC OR AS NEEDED PAGE 4 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. 3.3 PARTICULAR ATTENTION OF USING PORT HOPE'S COMMISSIONER 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. 4. CONCLUSION 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. 18 -11 REPORT NO.`. CAO- 005 -13 Attachments: Attachment 1 — Report GILD 042 -07 Attachment 2 -- Report CAO 007 -09 Attachment 3 — By -law 2009 -163 18 -12 PAGE 5 ATTACHMENT NO. 1 TO REPORT GAO - 005 -13 General Purpose and Administration Committee Minutes Decomber 3, 2007 THAT the proposed Procedural lay -law included as Attachment No. 1 to Report CLD- 041 -07 be forwarded to Council for passage; and THAT'the focal boards be advised of Council's decision. CARRIED ACCOUNTABILITY AND TRANSPARENCY 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 SERVI ES DEPARTMENT CL200741, STREET LIGHTING IMPROVEMENTS AT VARIOUS LOCATIONS AND MEARNS AVENUE RECONSTRUCTION Resolution #CPA- 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.. REPORT Leading (lie Way CLERK'S DEPARTMEN Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date; December 3, 2007o►oi��fi 6-7 Report #: OLD- 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: I- 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 v. THAT Council not proceed with appointment of an Integrity Commissioner, Ombudsman, or Auditor General, at this time. Submitted by: PLB* Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, EOWMANVILLE, ONTARIO L10 3A6 T 905 -623 -3379 F 905- 623 -6506 REPORT NO.: CLD- 042 -07 Page 2 1.0 Lack round In March, 2007 Council considered and received for information Report CLD- 012 -07 which provided summary discussion of the amendments to the Municipal Act, 2001, 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. 2001, 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 oflnformation 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. REPORT NO.: GLD- 042 -07 3.0 r1IR 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 safe policies A!) Hiring policies Ali) Procurement policies Attachment 1 to this }deport provides a summary of the accountability and transparency elements of the above listed practices and policies. Transparency Through Delegated Authori Section 23.1 of the kunicipafAct, 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(l) 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. 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 dedisions. Additionally, staff is reviewing other minor, routine powers and duties which may better serve the stakeholders if delegated. 5.0 Accountability i Transparency Polir;v 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 3 REPORT NO.: CLD- 042 -07 Paae 4 "Accountability and Transparency Policy ". Attachment 3 to this Report is a recommended Policy that satisfies the requirements under the Municipal Act, 2001, 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 I 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, 2009, 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 investigations /inquiries; • Powers to examine a person under oath; • Confidentiality of information prevails over the Municipal f=reedom 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, 2001, 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- 049 -07), the Municipality of Clarington will be in compliance with all new mandatory requirements imposed by the Municipal Act, 2001, 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. Interested Parties: Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existina Practices Accoi�iitiii.ilF a) Standard procedure The Procedural By -law, which has been adopted by Council, governs 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, 2007, 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 200 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; (e) 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 I 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 Profecfion 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 - malting 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 2391 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 CLO- 042.07 Detailed Discussion of Existing Practices 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 MF'IPPA , 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 Muhicipai 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 CommitteefCouncil 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; Q Not take part in the discussion or vote on the matter; 6 Not attempt to influence the vote, before, during, or after the meeting; g 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; Attachment 'I Report CL.D- 042 -07 Detailed Discussion of Existing Practices (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; (1) 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; (j) by reason of the member having a pecuniary interest which fs an interest in common with electors generally; or Attachment 1 Report CL D-042-07 Detailed Discussion of Existing practices ACdi�ltbii.t't. (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; 2005, 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. g) 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, A Overview of proposed budget * Tax rate stabilization * Highlighting any tax policy changes e Staffing requests o Capital budget commentary Current budget impacts * Debt status • Insurance * Reserve and reserve fund contributions * Requests from external agencies (eq. 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 V Continuity of Taxes Receivable . * Statistical Information Investments Outstandin Attachment 1 Report CLD- 042.07 Detailed Discussion of Existing Practices 3) The fiscal year -end for the Municipality is December 31 ". 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 Glarington's auditors through report COD - 001 -05 for a five (5) year term to expire January 31, 2Q10. A copy ofthe audited financial statements (consolidated statement of Financial Activities and f=und 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 e Mayor and Councillor's Remuneration and Expenses * Building Permit Fees ® Insurance Program s Annual Leasing Report Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existing Practices 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 e Conditions of participation in decision making process • Solicitation or acceptance of gifts a 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 CAC in Usage Policy January, 2004. The purpose of this Policy is to establish regulations pertaining to phone and volcemail 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 interest 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 interest site access, downloading of files and states that any e-mails are legal property of the Municipality, The Policy includes penalties for contravention. Attachment 9 Report GLD- 042 -07 Detailed Discussion of Existing Practices e) Communication The Communication Equipment Policy was approved by the GAO 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. 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, 2006 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; v To ensure the safe operation of personal vehicles as a means to protect employees, the public, the Municipality, as well as private properties; and A 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 C 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, Attachment 1 Report CLD- 042 -07 Detailed Discussion of Existinrl 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 polloy limits the conduct of political activities within municipally owned facilities. i) Notification Policy In accordance with Section 259 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 Bylaw 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 93(2) 1 and (3) of the Municipal Act, Policy 2001, as amended, By -law 95 -22 was enacted by Council on March 0, 1995 and establishes procedures governing the sale of real property by the Municipality. The Bylaw 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: e 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 9 Report CI_DP042.07 Detailed discussion of Existina Practices 1) Purchasing Policy In.accordance with section 270(1) of the Municipal Act, 2047, as amended, By-law 2006-127 was enacted by Council, This 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 Sy -law: & Encourages competition among suppliers e Ensures fairness between bidders • Maximizes savings • Ensures service and product delivery efficiency and effectiveness o Ensures quality • Ensures supplier accountability e Provides for maximizing government service while minimizing cost Provides an objective process 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 GAO 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. Attachment 2 Report CLD- 042 -07 Delegated Duties and Authorities ca_'3. y, .a4 -1 ::_ }•. _ T jt.e. =rpy a. da, ail _4a-e-e -e_;_E _ _ Eso£S p..= _ 7rr3,k. F-f3 2_S- °,n- _:c :iC�__ € -c7 _g: GSa_;j 9 Municipal s nformation and Protection Municipal By -law 901r93 of Privacy Act Clerk and Resolution For the purposes of the Act, the Head is the Mayor, GPA# 815 -90 The powers and duties of the Head have been delegated to the FOI Coordinator, However, the Hoad 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 Munic! a( Act, 2001, as amended. 3 Procurement Purchasing By -law 2000 -127 Acquisition of goods and services of value equal to Manager or less than.$60,000, in accordance with the rules set forth in the Purchasln 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(1 3)(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 Fay -law 2007 -931 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. Taxi Licence Application -- Approval with Municipal Bylaw 2005 -205 Criminal Record Clerk Delogation of authority to approve taxi licence application where criminal record is minor or is more than seven 7 ears old. 7. Adoption Fees — Approval to Reduce Municipal By -law 2007 -208 Delegation of authority to reduce the adoption fees Clerk and for animals Inspecified circumstances. De ut Clerk 8, Assessment Review Board — Municipal Appeals director of By -law 2003 -031 Dele atlon of authority to the Finance Attachment 2 Report CL.D- 042.07 Delegated Duties and Authorities 01 ;1 e, 101 Director of Finance/Treasurerto 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, Subdivision /Condominium Approval — authority Director of By -law 2001 -072 under Section 51 of the planning Act, R.8,0. 1990 Planning, or chapter P.13 as amended . designate Delegated all of the Council's authority under Section 61 of the Planning Act, R.S.O. 1990, chapter PA 3 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. 9990, 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 Munici al Road or Right-of-Way Attachment 2 Report CLD- 042-07 DelAnafod ❑nf inq and AiAhnri4ine �rI�w,eI�'_`_ �i E for any reason which afters the normal use or status of same to apply, and grant approval for a Road Occupancy permit. 14, Truck traffic routing 4irector of By -law 91-58, as 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, 1 04a, or the weight limits set out in part VII of the Highway Traffic Act, R.S.O. 1980, c.198, as amended. 15. Street Signs Director of bj�law 9f -58, as Delegated authority to authorized to place or erect Engineering amended and to-maintaln such authorized and official signs as are required,to give effect to the provisions of this by- law, - Leading the }i'ay Attachment 3 Roport CLD- 042 -07 DRAFT Section: H Date Approved: Category: Operations Last Revised: Subsection; U29 Approved by: . Application: All Employees 1. Put -pose: The Municipality of Clarington is aoinnaitted 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 Ynaking processes. Policy Statement In support of the Municipality of Clarington's Vision, "YotEr Choice for a Caring and Vibrant Community" and in support of the Municipality's Mission, Page l 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 mannor by: Encouraging public access and participation to ensure that decision making is responsive to the needs of its constituents and receptive to their opinions; o Delivering high duality services to our citizens; and o Promoting the efficient use of public resources. Accountability, transparency and opeirtress 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 serviees 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. 12 Staff reports to Committee /Council shall, where applicable, state hour 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 manuer, 4. Appendices: None Page 2 of 2 --- Affiliated and Others: H29 Attachment 4 CLD- 442 -07 Integrity Officers 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 investlgijflve 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 €ire 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 duality 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." Leading the, Way Attachment a Report GLD- 042 -07 Clerk's Departmental Procedure Approved by: Procedure Number: L02 -001 Approval Date, Title: November 27, 2007 processing dosed Meeting Compliance Investigations Revision Date: Purpose: 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: I. 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 Cleric'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 A Certified copies of the procedural by -law, notice of the meeting Page 1 of 2 Title: Departmental Procedure Processing Closed Meeting Compliance Investigations ® Certified copies of the agenda and minutes of the meeting 6 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 Cleric 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 bylaw 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 ATTACHMENT NO. 2 TO REPORT CAO- 005 -13 Meeting: GENERAL PURPOSE AND AD ISTRATION COMMITTEE 60 Date- Monday, October 19 2D09 ,` 0 t �7 Report #: CAO- 007 -09 Pilo: By-law #: Subject: CODE OF CONDUCT FOR COUNCIL MEMBERS Recommendation It is respectfully recommended that the General Purpose and Administration Committee. recommend to Council the following: I . THAT Report CAO- 007 -09 be received; F 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 3A$ T (905)623 -3379 F (906)623 -5717 18 -36 REPORT NO.. CAO- 007.09 1. BACKGROUND PAGE 2 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 findings, on or before Sept.94, 2009, The GAO has been overloaded with several 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 GAO 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 farms 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 Ciarington 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 18 -37 REPORT NO,. CAO. 097 -09 PAGE 3 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 4. CODE OF CONDUCT IN DURHAM MUNICIPALITIES 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 Councli Members. Attachment 9 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 ttioso codes shy away from this Issue. This will be elaborated later on In this report. 5. 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. 18-38 REPORT NO:: CAE- 007.09 Council /Staff relationship PAGE 4 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 requlrod bylaw. - 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, offeror 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 and /or return any gifts or benefits with an explanation of why such cannot be accepted interpersonal Behavlor - 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 Edrhonton Code are probably the 18 -39 REP'OR'T NO.: CAO- 007-09 PAGE 5 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 giftlaction intended to influence my decision? - Would I hesitate to take this action or to allow anyone to flake 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 coda 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, Furthor, 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. Notwithstanding, 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 municipalitles have taken up this option. We suspect the cast of setting up an Integrity Commissioner Office for the very few cases it will deal with simply REPORT NO., CAO.007 -09 PAGE 6 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 OLD- 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 enforcemont 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? ATTACHMENT I TO REPORT CAO- 007 -09 MUNICIPALITIES DOCUMENT MAIN COMPONENT ENFORCEMENT PROVISION Clarington Policies embedded in a Municipal Assets/ Resources Silent Corporate Policy o Insider Information Oshawa Council Charter O Council /Staff relationship Self adherence a General Conduct Guidelines Scugog Code of Conduct By -law a Gift /Personal gain Hume Rights Coda for a Confidentiality Harassment a Municipal Resources • Harassment BrAC!< Code of Conduct By -law s Confidentiality Mayor & Cleric as • Gifts investigators • Procurement + Conflict of interest Ajax Code of Conduct By -law a Confidentiality Applicable statutes o Conflict of Interest * Gifts /Personal gain » Council /Staff relationship e Municipal Assets /Resources Pickering Code of Conduct • Conflict of Interest Nome Specific Municipal Resources * Personal Interests a Confidentiality • Registration of Gifts Uxbridge Code of Conduct • Gifts /Benefits Specific Policies and • Confidentiality Procedures for Whitby Code of Conduct for Staff Only Subject: CODE OF CONDUCT FOR COUNCIL MEMBERS Recommendation It is respectfully recommended that the General Purpose and Administration Committee recommend to 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: Franklin Wu M.A.o.M Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINOTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (906)823 -3379 F (905 )623 -5717 REPORT NO.: CAO- 010-09 Report PAGE 2 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.ofConduct 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. 18-44 t 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, 2001, 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 Cade 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. m Abernethy, Mayor Patti L. Barrie, Municipal Cleric 18-45 Schedule A to By -law 2009-1-0 Code of Conduct – Members of Council I . Purpose rpose The Code of Conduct for members of council serves as a guide to members of council in the Individual conduct of theit 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 reiating 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 worst 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. Leading the Wig �. r ■ . _\_ I l 1 z To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: June 7, 2013 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA —JUNE 10, 2093 — UPDATE File: C05.GENERAL PURPOSE AND ADMINISTRATION Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, June 10, 2013: 6. DELEGATIONS See attached Final List, (Attachment #9) nb Greentree, Deputy Clerk AGlcf cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, HOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 F 905 - 623 -6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting. June 10, 2013 (a) Tom Woods Regarding EGD- 020 -13, Trudeau Walkway (b) Nik Papanikolas Regarding EGD - 020 -13, Trudeau Walkway r � h ti c � I ,,",e/Engineers' Report biased In an April 18, 2013 article in durhamregion.com in regards to neighbours wanting apartments in Courtice to be rejected, Clarington engineer Tony Canella was quoted as saying the development would create a new street to the south of the school with a pedestrian walkway between homes to re-route some traffic away from the front of the school • This is essentially a re-creation of the Trudeau Drive walkway and would have re- created the same issues and problems there that exist on Trudeau Drive. In a subsequent vote, Town Council rejected the Developers' plan for the Courtice apartments avoiding a re-creation of the Trudeau walkway elsewhere in the Municipality and going against staff recommendations /• Failed to mention or acknowledge signatures of 100 residents on petition to close 1 walkway Half of individuaLmentioned that provided response to town also signed petition to close walkway yet conclusion was that majority wanted walkway to stay open Was this data misinterpreted? • The engineers' report incomplete because it failed to examine relocation of 'walkway to the east end of Trudeau Drive adjacent to a single residence and the storm water retention area • The report has failed to properly account for factual costs involved in any of their 5 � recommendations including costs associated with additional enforcement and did not provide estimate of potential revenue generated by enforcement that would offset the costs of the additional enforcement The report only put forth either anecdotal evidence or subjective information as supporting documentation to not close the walkway.-,./ No objective data was provided to quantify any negative impact or factual relocation of problems if the walkway was closed. Closing the Trudeau walkway and the process that has been taken to this point by the residents of the Trudeau Drive/Marchwood Ave Neighbourhood in engaging all the stakeholders attending numerous public meetings having the issue come to the floor of Council as a motion and the requirement of Staff involvement and a report is the only precedent that has been set for the closure of any walkways in the Municipality in the future and that the closure of the Trudeau Drive walkway does not create in and of itself a rubber stamp for the closure of any walkways or parks • The report fails to identify that the closure of the walkway would NOT only be of interest one or both of the two adjacent property owners but is also of great interest to the 100 people that signed the petition as well as the ones that attended the public meetings and have submitted documents to the Town voicing their support in closure of the walkway. • Staff also failed to establish cost savings that would be realized by the closure of the walkway would not require any by -law modifications, any stepped up enforcements by police or by -law services, maintenance and upkeep by city staff, costs of expensive surveillance systems and proper controls to protect the privacies of private individuals within their report • That recommendation 9. 1.11 be amended to designate no parking from 8 am — 9 am and from 2 pm to 4 pm, as school lets out at 2:20 pm Monday thru Friday. • That recommendation 9.1.14 in regards to the closure and sale of the walkway as a viable option NOT be dismissed VIDEO SURVEILLANCE • Proposal for video surveillance is incomplete in its scope and does not elaborate the costs of a proper privacy impact assessment the development of policies, procedures and systems within the municipal government to properly administer a proper surveillance system • Ignores the fact that the Privacy Commissioner of Ontario lists, as a consideration, to using video surveillance as a consideration to be taken as a last resort and only after other considerations have been rejected as unworkable