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HomeMy WebLinkAbout05/05/2014 C1 arington GENERAL PURPOSE AND ADMINISTRATION COMMITTEE AGENDA . DATE: May 5, 2014 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS . AUDIO RECORD: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a,delegation/presentation to a General Purpose and Administration Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of April 14, 2014 4-1 5. PUBLIC MEETINGS (a)_ Applications fora Zoning By-law_Amendment__ 5-1 Applicants: Mark Abernethy, James Abernethy, and Tyler Smith Report: PSD-023-14 (b) Applications for Proposed Draft Plan of Subdivision, Official Plan 5-3 Amendment and Zoning By-law Amendment Applicant: 1829963 Ontario Inc. (Rondeau) Report: PSD-024-14 (c) Applications for Proposed Draft Plan of Subdivision, Official Plan 5-5 Amendment and Zoning By-law Amendment Applicant: Republic Live Inc. Report: PSD-025-14 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final 6-1 List) No Delegations THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 G.P. &A. Agenda - 2 - May 5, 2014 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT (a) PSD-023-14 To Convert a Single-Detached Dwelling to a Professional 8-1 Office Applicants: Mark Abernethy, James Abernethy, and. Tyler Smith (b) PSD-024-14 An Application for a Clarington Official Plan Amendment 8-11 and Rezoning to Allow Camping and Ancillary Uses on Lands Nearby to Canadian Tire Motorsport Park Applicant: 1829963 Ontario Inc. (c) PSD-025-14 An Application for a Clarington Official Plan Amendment 8-22 and Rezoning to Allow Parking and Ancillary Uses on Lands Nearby to Canadian Tire Motorsport Park .Applicant: Republic Live Inc. (d) PSD-026-14 Heritage Designation By-law (Amendment) 8-32 210 King Avenue West, Newcastle 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-014-14 Green Road.Bridge Cost Reallocation, Bowmanville 9-1 Contract No. CL2013-26 - (b) EGD-015-14 -Proposed Amen ments-to Tra is By-Law 9 '-58 and 9-4 Replacement with a New Consolidated Traffic and Parking By-Law 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-005-14 First Quarter Activity Report—2014 11-1 12. COMMUNITY SERVICES DEPARTMENT No Reports G.P. &A. Agenda - 3 - May 5, 2014 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-011-14 Appointment of Municipal Law Enforcement Officer— 13-1 Summer Student (b) CLD-012-14 Appointments to the Agricultural Advisory Committee of 13-4 Clarington and Older Adult Strategy Steering Committee (c) CLD-013-14. 2014 Municipal Election — Compliance Audit Committee 13-14 (d) CLD-014-14 Appointment of Animal Services Officer—Amy Janes 13-31 14. CORPORATE SERVICES DEPARTMENT (a) COD-005-14 Tender CL2014-3 High Float Resurfacing & Ditching 14-1 (b) COD-006-14 RFP2014-2 Engineering Services for HVAC Retro-Fit & 14-6 Lighting System Design 15. FINANCE DEPARTMENT (a) FND-010-14 Annual Statement for the Development Charges Reserve 15-1 Fund for the Year Ended December 31, 2013 (b) FND-011-14 Financial Update as at March 31, 2014 15-7 (c) FND-012-14 Federal Gas Tax Agreement with the Association of 15-19 Municipalities of Ontario (d) FND-013-14 Bowmanville Indoor Soccer Debenture 15-49 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS None G.P. & A. Agenda - 4 - May 5, 2014 19. OTHER BUSINESS 20. COMMUNICATIONS (a) Correspondence from Dr. Robin Jeffrey, Concerning the Public Meeting 20-1 (Agenda Item 5(a)) Regarding an Application to Convert a Single- Detached Dwelling to a Professional Office, Report PSD-023-14 21. CONFIDENTIAL REPORTS None 22. ADJOURNMENT Claringtoll General Purpose and Administration Committee Minutes April 14, 2014 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 14, 2014 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill arrived at 9:40 a.m. Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Manager of Internal Audit, Catherine Carr arrived at 12:25 p.m. until 4:50 p.m. Director of Community Services; J. Caruana until 3:30 p.m. Director of Planning Services, D. Crome until 4:50 p.m. Director of Operations, F. Horvath until 4:50 p.m. Director of Corporate Services & Human Resources, M. Marano until 4:50 p.m. Deputy Treasurer, L. Gordon until 12:25 p.m. Director of Emergency & Fire Services, G. Weir until 4:50 p.m. Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher until 4:50 p.m. Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Neal declared a pecuniary interest in Report CSD-006-14 regarding the Community Grants for the Friends of the Farewell Black Creek and Home Based Durham. Councillor Partner declared a pecuniary interest in Report CSD-006-14 regarding the Community Grant for the Bethesda Cemetery Board. - 1 - 4-1 General Purpose and Administration Committee Minutes April 14, 2014 ANNOUNCEMENTS Councillor Novak announced the following upcoming events: • Official Opening Ceremony for the Oshawa North Paramedic Response Station on Monday, April 14, 2014 at 2:00 p.m. at 1260 Wilson Road North, Oshawa. • Book of Condolences for the family of Jim.Flaherty is located at the Durham Regional Headquarters. • Tentatively- Grundfos Hydronic Circulation Pumps on Wednesday, April 16, 2014 at 9:30 a.m. at the College of Renewable Energy. • Media Launch of"Impact of Family Violence from'a South Asian Perspective Conference" on Wednesday, April 16, 2014 at 11:00 a.m. at the Regional Headquarters. • The Regional Municipality of Durham is providing additional opportunities for residents to provide feedback about their experiences with the provincial Greenbelt Plan and Oak Ridges Moraine Conservation Plan (ORMCP) on Wednesday, April 16, 2014 between 6:00 p.m. and 9:00 p.m. at the Pickering Recreation Centre. Councillor Partner announced the following events/announcements: • Durham Region's Annual Spring Compost Event on Saturday, April 26, 2014, between 8:00 a.m. and noon at the Clarington Operations Depot, 178 Darlington/Clarke Line, Bowmanville. • Clarington's Residents Pitch-in Event where residents are invited to create their own "Pitch-In" event. Any resident, service group, neighbourhood or family wishing to participate is invited to register their CLEAN SWEEP! with the Municipality by calling the Operations Department at 905-263-2291 ext. 527. • Clarington's state of the art Mobile Accessibility Stage is currently at the Request for Proposal stage, with possible delivery by fall, 2014. • This morning members of Curves, in Newcastle, will be delivering over 1,300 pounds of food donations by 'pulling' the Curves Truck from Curves down to the Clarington East Food Bank's new location at King Ave & Baldwin St. at 11:30 a.m. • Newcastle Horticulture Society 's Annual Daffodil Luncheon, celebrating their 100th Anniversary, on Wednesday, April 16, 2014 between 11:30 a.m. and 1:00 p.m. at the Newcastle Community Hall. • Orono Rebekah Roast Pork Supper on Wednesday, April 16, 2014 at 6:00 p.m. at the Rebekah's Hall. • Annual Easter Egg Hunt on Saturday, April19, 2014 at 10:00 a.m. at the Port of Newcastle. - 2 - 4-2 General Purpose and Administration Committee Minutes April 14, 2014 • 2nd Annual Scavenger Hunt, sponsored by the Newcastle Business Improvement Association, on Saturday, April 19, 2014 between 10:00 and 4:00 p.m. in downtown Newcastle. • Orono's 2nd Annual Easter Pancake Breakfast, sponsored by the Orono Downtown Business Improvement Association, on Saturday, April 19, 2014 between 9:00 a.m. and 11:30 a.m. at the Orono Rebekah Hall. Easter Egg Hunt will follow at the Library Grounds. • 1St Annual Newcastle Health and Wellness Fair; sponsored by Sound Hearing Solutions Ltd., on Wednesday, April 23, 2014 between 11:00 a.m. and 6:00 p.m. at the Newcastle Community Hall. • Orono Horticultural Society's House Plant Show on Thursday, April 24, 2014 at 7:30 p.m. at the Orono United Church with a guest speaker from the Viking Nursery, speaking on "What's New in 2014 and What has Happened to Impatiens". • Orono United Church's Chicken Pot Pie Supper and Silent Auction on�Saturday, April 26, 2014 at 5:30 p.m. • Orono Town Hall's Spaghetti Dinner and Auction on Saturday, April 26, 2014 at 6:00 p.m. • Central Lake Ontario Conservation Authority's Trees for Rural Roads' Pick iUp Day on Saturday, April 26, 2014. • Kendal Lions and Tea Grannies and Friends' Afternoon Tea and 1800's Fashion Show on Sunday, April 27, 2014 at 1:00 p.m. • Annual Newtonville Community Hall Spaghetti Dinner on Sunday, April 27, 2014 between 4:00 p.m. and 6:00 p.m. Councillor Hooper announced the following events: • Annual Maplefest on May 3, 2014, sponsored by the Historic Downtown Bowmanville Business Improvement Area. • Clarington Older Adult Association (COAA) cleaned up the grounds at the Clarington Beech Centre, on Saturday, April 12, 2014, resulting on approximately 90 bags of debris. • Metroland Durham's Home and Garden Show Spring 2014 on Friday, April 11, 2014 at the Garnet B. Rickard Recreation Centre. Councillor Traill announced the following: • Entries are still being accepted for the Samuel Wilmot Nature Area (SWNA) Management'Advisory Committee's "Focus on SWNA" photography exhibition until May 5, 2014. • First Annual Pickering Rotary Wing Festival on Friday, April 11, 2014 at the Pickering Recreation Complex. - 3 - 4-3 General Purpose and Administration Committee Minutes April 14, 2014 Mayor Foster announced the following events/announcements: • Congratulations to Consul General Fang Li and his staff on the Chinese Cultural Heritage Weekend festivities, April 12 and 13, 2014. • Congratulations to Granville Anderson who is the Liberal Nominee and Michael Patrick who is the Progressive Conservative nominee for the next provincial election. • Ribbon Cutting for B.G. Macpherson Training Centre, a training center for those in Durham wishing to pursue a career in the electrical trades, on Wednesday, April 16, 2014 at 3:00 p.m. at 1115 Wentworth in Oshawa. • . Clarington Older Adult Association (COAA) Volunteer Appreciation Dinner on Thursday April 17, 2014, from 5:00 p.m. to 8:00 p.m. at the Clarington Beech Centre. • Rotary Club's Super Spring Clean Up on Wednesday, April 23, 2014 at noon at the Garnet B. Rickard Recreation Centre. • Arts in Clarington meeting on Wednesday, April 23, 2014 at 7:00 p.m. at the Tyrone Community Hall. • Clarington Board of Trade's Annual General Meeting and Business Awards on Thursday, April 24, 2014 at 5:30 p.m. at the Clarington Beech Centre. • Retirement Coffee and Cake for Jerry Barber, Purchasing Manager, on Friday, April 25, 2014 at 10:00 a.m. in Meeting Room 1A. • Edie Hopkins, Executive Director for the Clarington Public Library will work her last day on Friday, April 25, 2014. • Safe.Communities Advisory Committee Clean Up in the Bowmanville Valley on Saturday, April 26, 2014 at 9:00 a.m. • Clarington Day of Mourning Ceremony on Monday, April 28, 2014 at 10:00 a.m. at the Bowmanville Cenotaph. • There will be a Book of Condolences for the family of Jim Flaherty, former Federal Finance Minister, located on the 1st Floor of the Municipal Administrative Centre. Visitation will take place on Tuesday, April 15, 2014 at the Abilities Centre in Whitby from 12:30 p.m. to 4:00 p.m. and 6:30 p.m. to 8:00 p.m., with the funeral taking place at St. James Cathedral in Toronto on Wednesday, April 16, 2014. MINUTES Resolution #GPA-234-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 31, 2014, be approved. CARRIED - 4 - 4-4 General Purpose and Administration Committee Minutes April 14, 2014 Councillor Woo chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applications for Proposed Zoning By-law Amendment Applicant: Courtyard Property Investments Inc. Report: PSD-021-14 Paul Wirch, Planner, made a verbal and electronic presentation to the Committee regarding the application. Don Bergman, local resident, spoke in opposition to the application. Mr. Bergman noted that the Esso Gas Station, near the subject property, already causes traffic issues in the area. He added that the increased traffic, caused by the LCBO, will make the problem even worse. Mr. Bergman stated that he believes that there may be a safety issue for the children using the pathway to go to school. Mr. Bergman informed the Committee that the planning application sign has been down for approximately a month. He asked about the impact of the development on the mature trees on the pathway and whether there will be a wall erected adjacent to his property. Further, Mr. Bergman expressed concern that the value of his home will be decreased as a result of this development. Jeff Goldman, Principal, Durham Custom Homes, spoke in opposition to the application. He informed the Committee that his company owns an adjacent property with future development of 520 residential units and 50,000 ft2 of commercial space. Mr.-Goldman stated that he had forwarded a letter to Members of Council which outlines his traffic concerns regarding the location of the proposed retail outlet. He noted that he is working towards development of his property which will enhance the Tooley's Mill Outdoor Event Area and the Farewell Creek Walking Trail. Mr. Goldman referred to the map included in his correspondence and explained why he believes his development would be a better alternative location for the LCBO. He asked that the Committee take the time to consider locations. Mr. Goldman noted that his development required extensive traffic studies and suggested that the proposed LCBO development would result in much more of a traffic impact than Mr. Goldman's development. He asked whether a traffic study had taken place. John Pavicic, local property owner, spoke in opposition to the application. Mr. Pavicic informed the Committee that, if the present site is not suitable for the LCBO, he is willing to offer his property as a possible location. He stated that he has owned the land for 20 years and is willing to work with the tenant and the Municipality. No one spoke in support of the application. - 5 - 4-5 General Purpose and Administration Committee Minutes April 14, 2014 Steven Zakem, Solicitor, Aird & Berlis, LLP, was present representing the applicant. Mr. Zakem informed the Committee that LCBO has been looking for the Courtice/East Oshawa area for a number of years. He added that his client had Mr. Goldman's site tied up a few years ago for several retailers and the location.was rejected due to access issues. Mr. Zakem reminded the Committee that the LCBO is a monopoly and therefore has no competition and further has the luxury of flexibility in choosing their site. He noted that the zoning on the subject site already allows for the use and that the application is required for the inter-parcel laneway. Mr. Zakem explained that the developer is willing to relocate the laneway and create an attractive sidewalk. He noted that Council does not regulate competition, Council only regulations. Mr. Zakem stated that discussions are ongoing with Staff regarding the massing of the building through the site plan approval process. He explained that his client entered into discussions with the Municipality last April and negotiations with the LCBO last fall. Mr. Zakem distributed a handout indicating the key project and construction dates. He asked, in the interest of time, that Committee approve the application today or that the planning report go directly to the Council meeting of April 28, 2014 and that the by-law be passed in the same meeting. SUSPEND THE RULES Resolution #GPA-235-14 Moved by Councillor Neal, seconded by Councillor Novak THAT the Rules of Procedure be suspended to allow Mr. Zakem to speak for an additional two minutes. CARRIED Mr. Zakem continued by stating that he believes there will be a large buffer with the residential home to the south of the subject site. He added that parking has been planned for the average traffic patterns and that it is never based on peak times. RECESS Resolution #GPA-236-14 Moved by Mayor Foster, seconded by Councillor Traill THAT the Committee recess for 15 minutes. CARRIED The meeting reconvened at 11:17 a.m. with Mayor Foster in the Chair. - 6 - 4-6 General Purpose and Administration Committee Minutes April 14, 2014 DELEGATIONS DELEGATION OF DAVID HANNAH REGARDING A REQUEST FOR COMPENSATION RESULTING FROM DAMAGE OF A MUNICIPALLY OWNED TREE David Hannah's name was called, but he was not present. DELEGATION OF VALERIE CRANMER, VALERIE CRANMER & ASSOCIATES INC., REGARDING PROPOSED SITE PLAN APPLICATION BY REPUBLIC LIVE INC. Valerie Cranmer, Valerie Cranmer &Associates Inc., was present regarding a Proposed Site Plan Application by Republic Live Inc. She made a verbal presentation to accompany an electronic presentation. Ms. Cranmer provided the Committee with the background on the application process and noted that the public meeting will take place on May 5, 2014. She explained that the discussion today is not related to the public meeting. Ms. Cranmer explained that today's concern relates to the site plan application for the use and access of the Rondeau property and the surrendering of the aggregate license on the north half of the property to accommodate vehicle processing and bus drop-off, pick-up and turnaround. She noted that the Ministry of Natural Resources will not allow access through or usage of the pit area unless the license is surrendered, which is not likely to be approved in 2014. Ms. Cranmer explained that Emergency Services requires two points of access to the area and therefore she is asking for the use of an upgraded road allowance on the west side on a temporary basis to maximize traffic efficiency for patrons, neighbours and Regional Road 20 key stakeholders. She noted that the road allowance would need to be upgraded by widening, gravel and installation of a gate. Ms. Cranmer acknowledged that it is the standard municipal position to not allow upgrading of a road allowance for private use. She also noted that the applicant would need to meet Oak Ridges Moraine Conservation Plan (ORMCP) requirements. Ms. Cranmer asked that the Committee agree, in principle, with the use of a portion of the unopened road allowance, subject to the consideration of the following during the site plan approval process; • That the road be upgraded by widening to accommodate two lanes of traffic south of Regional Road 20 to the existing farm gate (gravel and gated); • That the requirements of the ORMCP be met; and • That the unopened road allowance only be used during the 2014 concert and subsequent measures be taken to return the road allowance to its existing condition. - 7 - 4-7 General Purpose and Administration Committee Minutes April 14, 2014 RECESS Resolution #GPA-237-14 Moved by Councillor Woo, seconded by Councillor Novak THAT the Committee recess for 5 minutes. CARRIED The meeting reconvened at 12:09 p.m. Resolution #GPA-238-14 Moved by Councillor Woo, seconded by Councillor Novak THAT the Committee agree, in principle, with the use of a portion of the unopened road allowance, subject to the consideration of the following during the site plan approval process: • That the road be upgraded by widening to accommodate two lanes of traffic south of Regional Road 20 to the existing farm gate (gravel and gated); • That the requirements of the Oak Ridges Moraine Conservation Plan be met; and • That the unopened road allowance only be used during the 2014 concert and subsequent measures be taken to return the road allowance to its existing condition. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-239-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Resolution #GPA-238-14 be referred to Staff for a report to the General Purpose and Administration Committee on May 5, 2014. MOTION LOST LATER IN THE MEETING (See following) Councillor Neal immediately appealed the ruling of the Chair regarding discussions on a referral motion. The Question "will the ruling of the Chair be sustained?" was put to a vote. The ruling of the Chair was sustained. - 8 - 4-8 General Purpose and Administration Committee Minutes April 14, 2014 The foregoing Resolution #GPA-239-14 was then put to a vote and lost. Resolution #GPA-240-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #GPA-238-14 be amended by adding the following at the end: THAT-the unopened road allowance remain gated until such time as remediated to the satisfaction of the Engineering Services Department. CARRIED The foregoing Resolution #GPA-238-14 was then put to a vote and carried as amended. PRESENTATIONS There were no presentations. RECESS Resolution #GPA-241-14 Moved by Councillor Traill, seconded by Councillor Woo THAT the Committee recess for one hour. -- CARRIED The meeting reconvened at 1:33 p.m. with Councillor Woo in the Chair. PLANNING SERVICES DEPARTMENT TO CONSTRUCT AN LCBO RETAIL STORE AND AN INTER-PARCEL LANEWAY APPLICANT: COURTYARD PROPERTY INVESTMENTS INC. Resolution #GPA-242-14 Moved by Councillor Novak, seconded by Mayor Foster THAT Report PSD-021-14 be received; THAT the Zoning By-law application submitted by Courtyard Property Investments Inc., to permit the construction of an LCBO retail store, continue to be processed and that a subsequent report be prepared; and - 9 - 4-9 General Purpose and Administration Committee Minutes April 14, 2014 THAT all interested parties listed in Report PSD-021-14 and any delegations be advised of Council's decision. 'CARRIED AS AMENDED (See following motion) Resolution #GPA-243-14 Moved by Councillor Novak, seconded by Mayor Foster THAT the foregoing Resolution #GPA-242-14 be amended by adding the following at the end of the second paragraph: "for Council's consideration at the April 28, 2014 Council meeting" CARRIED The foregoing Resolution #GPA-242-14 was then put to a vote and carried as amended. REZONING APPLICATION TO PERMIT AN AGGREGATE PIT EXPANSION WITHIN PART LOT 15, CONCESSION 1, GEOGRAPHIC TOWNSHIP OF MANVERS, CITY OF KAWARTHA LAKES APPLICANT: VICDOM SAND AND GRAVEL (ONTARIO) LTD. Resolution #GPA-244-14 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD-022-14 be received; THAT the City of Kawartha Lakes be advised that the Municipality of Clarington has no objections to the approval of the Rezoning application submitted by VicDom Sand and Gravel (Ontario) Ltd., provided that: ' i. the recommendations contained with the technical reports are implemented; ii. the applicant confirms their willingness to incorporate vegetative screening with native species within the extraction setback area, including the land containing berms as outlined in Section 4; and iii. the Planting Plan be circulated to the Municipality of Clarington for comment; THAT a copy of Report PSD-022-14 be forwarded to the City of Kawartha Lakes Planning Department; and THAT any delegations be advised of Council's decision. CARRIED Councillor Novak chaired this portion of the meeting. - 10 - 4-10 General Purpose and Administration Committee Minutes April 14, 2014 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2014 Resolution #GPA-245-14 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD-013-14 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. 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. COMMUNITY SERVICES DEPARTMENT 2014 COMMUNITY GRANT REQUESTS. Resolution #GPA-246-14 - - Moved by Mayor Foster, seconded by Councillor Woo THAT Report CSD-006-14 be received; THAT Council consider all submitted grant requests; and THAT all grant applicants listed in Report CSD-006-14 be advised of Council's decision. CARRIED (See following motions) - 11 - 4-11 General Purpose and Administration Committee Minutes April 14, 2014 ARCHITECTURAL CONSERVATORY OF ONTARIO CLARINGTON BRANCH Resolution #GPA-247-14 Moved by Councillor Woo, seconded by Mayor Foster THAT Grant Application #14-01, Architectural Conservatory of Ontario Clarington Branch, be approved in the amount of$3,000.00. CARRIED NEWCASTLE VILLAGE & DISTRICT HISTORICAL SOCIETY Resolution #GPA-248-14 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #14-02, Newcastle Village & District Historical Society, be approved in the amount of$1;500.00. CARRIED BOWMANVILLE ALLOTMENT GARDENS Resolution #GPA-249-14 Moved by Councillor Partner, seconded by Councillor Hooper THAT Grant Application #14-03, Bowmanville Allotment Gardens, be approved in the amount of$500.00. CARRIED BOWMANVILLE ECOLOGY GARDEN Resolution #GPA-250-14 Moved by Councillor Novak, seconded by Councillor Hooper THAT Grant Application #14-04, Bowmanville Ecology Garden, be approved in the amount of$500.00. CARRIED - 12 - 4-12 General Purpose and Administration Committee , Minutes April 14, 2014 BOWMANVILLE HORTICULTURAL SOCIETY Resolution #GPA-251-14 Moved by Councillor Hooper, seconded by Councillor Novak THAT Grant Application #14-05, Bowmanville Horticultural Society, be approved in the amount of$500.00. CARRIED NEWCASTLE HORTICULTURAL SOCIETY Resolution #GPA-252-14 L Moved by Mayor Foster, seconded by Councillor Woo THAT Grant Application #14-06, Newcastle Horticultural Society, be approved in the amount of$500.00. CARRIED ORONO HORTICULTURAL SOCIETY Resolution #GPA-253-14 Moved by Councillor Woo, seconded by Councillor Traill THAT Grant Application #14-07, Orono Horticultural Society, be approved in the amount of$500.00. CARRIED FRIENDS OF THE FAREWELL BLACK CREEKS Councillor Neal declared a pecuniary interest in the Community Grant Application for "Friends of the Farewell Black Creeks" as he wife is a member. Councillor Neal left the room and refrained from discussion and voting on this matter. Mayor Foster chaired this portion of the meeting. Resolution #GPA-254-14 Moved by Councillor Traill, seconded by Councillor Hooper THAT Grant Application #14-08, Friends of the Farewell Black Creeks, be denied. CARRIED - 13 - 4-13 General Purpose and Administration Committee Minutes April 14, 2014 Councillor Neal returned to the meeting and chaired this portion of the meeting. NEWCASTLE BIA (CANADA DAY) Resolution #GPA-255-14 . Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #14-09, Newcastle BIA (Canada Day), be approved in the amount of$3,000.00. MOTION LOST Resolution #GPA-256-14 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #14-09, Newcastle BIA (Canada Day), be approved in the amount of$2,000.00. MOTION LOST Resolution #GPA-257-14 Moved by Councillor Novak, seconded by Mayor Foster THAT Grant Application #14-09, Newcastle BIA (Canada Day), be denied. CARRIED NEWCASTLE BIA (HARVEST FESTIVAL) Resolution #GPA-258-14 Moved by Mayor Foster, seconded by Councillor Novak THAT Grant Application #14-10, Newcastle BIA (Harvest Festival), be approved in the amount of$2,500.00. CARRIED - 14 - 4-14 General Purpose and Administration Committee Minutes April 14, 2014 BROWNSDALE COMMUNITY CENTRE Resolution #GPA-259-14 Moved by Councillor Woo, seconded by Councillor Trail[ THAT Grant Application #14-11, Brownsdale Community Centre, be approved in the amount of$3,000.00. CARRIED HAMPTON COMMUNITY ASSOCIATION Resolution #GPA-260-14 Moved by Councillor Traill, seconded by Councillor Novak THAT.Grant Application #14-12, Hampton Community Association, be approved in the amount of$3,000.00. CARRIED KENDAL COMMUNITY CENTRE Resolution #GPA-261-14 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #14-13, Kendal Community Centre, be approved in the amount of$3,000.00. CARRIED NEWTONVILLE COMMUNITY CENTRE Resolution #GPA-262-14 Moved by Councillor Novak, seconded by Councillor Woo THAT Grant Application #14-14, Newtonville Community Centre, be approved in the amount of$3,000.00. CARRIED - 15 - 4-15 General Purpose and Administration Committee Minutes April 14, 2014. ORONO TOWN HALL Resolution #GPA-263-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Grant Application #14-15, Orono Town Hall, be approved in the amount of $3,000.00. CARRIED SOLINA COMMUNITY CENTRE Resolution #GPA-264-14 Moved by Mayor Foster, seconded by Councillor Novak THAT Grant Application #14-16, Solina Community Centre, be approved in the amount of$3,000.00. CARRIED TYRONE COMMUNITY CENTRE Resolution #GPA-265-14 Moved by Councillor Woo, seconded by Councillor Traill THAT Grant Application #14-17, Tyrone Community Centre, be approved in the amount of $3,000.00. CARRIED BOWMANVILLE FIGURE SKATING CLUB Resolution #GPA-266-14 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #14-18, Bowmanville Figure Skating Club, be approved in the amount of$2,450.00. MOTION LOST - 16 - 4-16 General Purpose and Administration Committee Minutes April 14, 2014 Resolution #GPA-267-14 Moved by Councillor Traill, seconded by Councillor Hooper THAT Grant Application #14-18, Bowmanville Figure Skating Club, be approved in the amount of$1,500.00. CARRIED BEECH STREET THEATRE COMPANY Resolution #GPA-268-14 Moved by Councillor Partner, seconded by Mayor Foster THAT Grant Application #14-19, Beech Street Theatre Company, be approved in the amount of$2,000.00. CARRIED THE DRIFTWOOD THEATRE COMPANY Resolution #GPA-269-14 Moved by Councillor Novak, seconded by Councillor Traill THAT Grant Application #14-20, The Driftwood Theatre Company, be approved in the amount of$1,000.00. _ CARRIED NEWCASTLE ART SHOW INC. Resolution #GPA-270-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Grant Application #14-21, Newcastle Art Show Inc., be approved in the amount of $2,500.00. CARRIED - 17 - 4-17 General Purpose and Administration Committee Minutes April 14, 2014 LAKESHORE NEW HORIZONS BAND Resolution #GPA-271-14 Moved by Mayor Foster, seconded by Councillor Novak THAT Grant Application #14-22, Lakeshore New Horizons Band, be approved in the amount of$750.00. CARRIED NEWCASTLE VILLAGE CONCERTS Resolution #GPA-272-14 Moved by Councillor Woo, seconded by Councillor Partner THAT Grant Application #14-23, Newcastle Village Concerts, be approved in the amount of$750.00. CARRIED SOPER VALLEY MODEL RAILROAD ASSOCIATION Resolution #GPA-273-14 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #14-24, Soper Valley Model Railroad Association, be approved in the amount of$750.00. CARRIED BETHESDA CEMETERY BOARD Councillor Partner declared a pecuniary interest in the Community Grant Application for "Bethesda Cemetery Board" as she is a member of the Board. Councillor Partner left the room and refrained from discussion and voting on this matter. Resolution #GPA-274-14 Moved by Councillor Novak, seconded by Councillor Traill THAT Grant Application #14-25, Bethesda Cemetery Board, be approved in the amount of $1,000.00. MOTION LOST - 18 - 4-18 General Purpose and Administration Committee Minutes April 14, 2014 Resolution #GPA-275-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Grant Application #14-25, Bethesda Cemetery Board, be approved in the amount of$2,500.00. MOTION LOST Resolution #GPA-276-14 Moved by Mayor Foster, seconded by Councillor Traill THAT Grant Application #14-25, Bethesda Cemetery Board, be denied. MOTION LOST Resolution #GPA-277-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT Grant Application #14-25, Bethesda Cemetery Board, be approved in the amount of$2,000.00. MOTION LOST The application was considered at the end of the Community Grant discussions. See Resolution #GPA-289-14. Councillor Partner returned to the meeting and chaired this portion of the meeting. BIG BROTHERS AND SISTERS OF CLARINGTON Resolution #GPA-27.8-14 Moved by Councillor Partner, seconded by Councillor Hooper THAT Grant Application #14-26, Big Brothers and Sisters of Clarington, be approved in the amount of$5,000.00. CARRIED - 19 - 4-19 General Purpose and Administration Committee Minutes April 14, 2014 CENTRAL PUBLIC SCHOOL — SCHOOL COUNCIL Resolution #GPA-279-14 Moved by Councillor Hooper, seconded by Councillor Traill THAT Grant Application #14-27, Central Public School — School Council, be approved in the amount of $2,500.00. CARRIED WAVERLEY PUBLIC SCHOOL — SCHOOL COUNCIL Resolution #GPA-280-14 Moved by Mayor Foster, seconded by Councillor Partner THAT Grant Application #14-28, Waverly Public School — School Council, be denied. MOTION LOST Resolution #GPA-281-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT Grant Application #14-28, Waverly Public School — School Council, be approved in the amount of$1,000.00. CARRIED AS AMENDED (See following motion) Resolution #GPA-282-14 Moved by Councillor Partner, seconded by Councillor Traill THAT the foregoing Resolution #GPA-281-14 be amended by adding the following at the end: "THAT this community grant be a one-time grant." CARRIED The foregoing Resolution #GPA-281-14 was then put to a vote and carried as amended. - 20 - 4-20 General Purpose and Administration Committee Minutes April 14, 2014 DISTRESS CENTRE DURHAM Resolution #GPA-283-14 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #14-29, Distress Centre Durham, be approved in the amount of $1,000.00. CARRIED FEED THE NEED DURHAM Resolution #GPA-284-14 Moved by Councillor Partner, seconded by Councillor Traill THAT Grant Application #14-30, Feed the Need Durham, be denied. CARRIED HOME BASE DURHAM Councillor Neal declared a pecuniary interest in the Community Grant Application for "Home Base" as he is a member of the Board of Directors. Councillor Neal left the room and refrained from discussion and voting on this matter. Mayor Foster chaired this portion.of the meeting. Resolution #GPA-285-14 Moved by Councillor Novak, seconded by Councillor Partner THAT Grant Application #14-31, Home Base Durham, be approved in the amount of $2,500.00. CARRIED Councillor Neal returned to the meeting and chaired this portion of the meeting. - 21 - 4-21 General Purpose and Administration Committee Minutes April 14, 2014 LEARNING DISABILITIES ASSOCIATION OF PETERBOROUGH Resolution #GPA-286-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Grant Application #14-32, Learning Disabilities Association of Peterborough, be approved in the amount of$2,000.00. CARRIED THE CUP Resolution #GPA-287-14 Moved by Mayor Foster, seconded by Councillor Traill THAT Grant Application #14-33, The Cup, be received for information. CARRIED THE GATHERING PLACE Resolution #GPA-288-14 Moved by Councillor Woo, seconded by Councillor Traill THAT Grant Application #14-34, The Gathering Place, be approved in the amount of $4,000.00. CARRIED BETHESDA CEMETERY BOARD - Continued Councillor Partner declared a pecuniary interest in the Community Grant Application for "Bethesda Cemetery Board" as she is a member of the Board. Councillor Partner left the room and refrained from discussion and voting on this matter. Resolution #GPA-289-14 Moved by Councillor Novak, seconded by Councillor Woo THAT Grant Application #14-25, Bethesda Cemetery Board, be approved in the amount , of $750.00. CARRIED Councillor Partner returned to the meeting and chaired this portion of the meeting. - 22 - 4-22 22 - 4-22 General Purpose and Administration Committee Minutes April 14, 2014 COURTICE HORTICULTURAL SOCIETY Resolution #GPA-290-14 Moved by Councillor Novak, seconded by Mayor Foster THAT $500.00 be set aside for a community grant to the Courtice Horticultural Society, pending submission of a completed community grant application. CARRIED The foregoing Resolution #GPA-246-14 was put to a vote and then carried. RECESS Resolution #GPA-291-14 Moved by Mayor Foster, seconded by Councillor Traill THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 3:51 p.m. CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT PURCHASE OF PRE-BUILT PUMPER TRUCK Resolution #GPA-292-14 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report COD-003-14 be received; THAT the Purchasing Manager be authorized to negotiate the purchase price of a Pumper Truck with selected respondents to an Expression of Interest and issue a purchase order to complete the transaction; and -23 - 4-23 General Purpose and Administration Committee Minutes April 14, 2014 THAT an information report to Council be provided summarizing the results of the Request for the Expressions of Interest and the negotiated purchase of the selected unit. CARRIED CO-OPERATIVE TENDER T257-2014, SUPPLY & DELIVERY OF GASOLINE AND DIESEL FUEL Resolution #GPA-293-14 Moved by Councillor Novak, seconded by Councillor Neal THAT Report COD-004-14 be received; THAT Suncor Energy Products Partnership, Mississauga, Ontario with an approximate annual value of$454,818.97 (net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications, be awarded the Municipality of Clarington requirements for Co-operative Tender T257-2014 Gasoline and Diesel Fuel for a three year term; and THAT funding be provided from the current year's respective departments Operating Fleet Budgets. CARRIED FINANCE DEPARTMENT ANNUAL COMMODITY HEDGING REPORT— 2013 Resolution #GPA-294-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report FND-007-14 be received for information. CARRIED ANNUAL LEASING REPORT — 2013 Resolution #GPA-295-14 Moved by Councillor Novak, seconded by Councillor Neal THAT Report FND-008-14 be received for information. CARRIED - 24 - 4-24 General Purpose and Administration Committee Minutes April 14, 2014 PRE-AUTHORIZED PAYMENT PLAN (PAP) FOR TAXES Resolution #GPA-296-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report FND-009-14 be received; and THAT the by-law attached as Attachment "B" to Report FND-009-14, to amend By-Law 2007-209, be recommended to Council for enactment. CARRIED SOLICITOR'S DEPARTMENT The Solicitor's Department report was considered under the Confidential Reports section, later in the meeting. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. OTHER BUSINESS REQUEST FOR UPDATED DATA AND HEALTH INFORMATION FOR THE ENERGY- FROM-WASTE FACILITY Resolution #GPA-297-14 Moved'by Councillor Neal, seconded by Councillor Traill WHEREAS the Municipality of Clarington considers it appropriate and in the public interest to prevent or reduce adverse effects to its residents and public health due to emissions from the Energy-from-Waste (EFW) facility in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT Staff be directed to write to the Ministry of the Environment and request, that on an ongoing basis, it gather and release any data it has from local sensors that it has, or has access to, regarding the'ambient air in Clarington; and - 25 - 4-25 General Purpose and Administration Committee Minutes April 14, 2014 THAT Staff be directed to write to the Minister of the Environment and request that he request from the Region of Durham and York Region an updated Human Health and Ecological Risk Assessment for the EFW facility based on the current sulphur dioxide emissions from St. Mary's Cement. MOTION LOST REQUEST FOR REPORT— POLICIES AND PROCEDURES ON FILMING IN CLARINGTON Resolution #GPA-298-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the CAO be directed to prepare a report regarding policies and procedures respecting filming in Clarington. CARRIED COMMUNICATIONS CORRESPONDENCE FROM JEFF GOLDMAN, PRINCIPAL, DURHAM CUSTOM HOMES, CONCERNING THE PUBLIC MEETING (AGENDA ITEM 5(A)) REGARDING AN APPLICATION TO CONSTRUCT AN LCBO RETAIL STORE AND AN INTER- PARCEL LANEWAY, REPORT PSD-021-14 Resolution #GPA-299-14 Moved by Councillor Novak, seconded by Councillor Woo THAT correspondence from Jeff Goldman, Principal, Durham Custom Homes, Concerning the Public Meeting (Agenda Item 5(a)) regarding an Application to Construct an LCBO Retail Store and an Inter-Parcel Laneway, Report PSD-021-14, be referred to the Director of Planning Services to be considered as part of the application review process. CARRIED - 26 - 4-26 General Purpose and Administration Committee Minutes April 14, 2014 CONFIDENTIAL REPORTS CLOSED SESSION Resolution #GPA-300-14 Moved by Councillor Traill, seconded by Councillor Woo THAT, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Confidential Report LGL-005-14, a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 5:11 p.m. with Mayor Foster in the Chair. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. COTTAGES ON THE WEST BEACH OF PORT DARLINGTON REQUEST FOR LEASE EXTENSIONS Resolution #GPA-301-14 Moved by Councillor Traill, seconded by Councillor Woo THAT Confidential Report LGL-005-14 be received; THAT the term of the leases between the Municipality and the owners of the seven remaining cottages on the West Beach of Port Darlington be extended until December 31, 2018; THAT the Mayor and the Clerk be authorized to execute lease extension agreements on the same terms and conditions as the existing leases save and except for the term and the requirement to remove personal property prior to December 31, 2015; THAT further extensions to the leases be considered annually as part of the Capital Budget process commencing with the 2018 Capital Budget; and THAT the owners of the cottages be advised of Council's decision. CARRIED - 27 - 4-27 General Purpose and Administration Committee Minutes April 14, 2014 ADJOURNMENT Resolution #GPA-302-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the meeting adjourn at 5:12 p.m. CARRIED MAYOR DEPUTY CLERK - 28 - 4-28 PUBLIC MEETING REPORT PSD-023-14 T.Smith,M.&J.Abernethy ] � NOTICE OF'COMPLETE APPLICATION Leaaagthew�y AND PUBLIC MEETING The Municipality of Clarington has received Complete Applications for. a proposed Zoning By-law Amendment. APPLICANTS: TYLER SMITH,MARK ABERNETHY AND JAMES ABERNETHY PROPERTY: 190 CHURCH STREET, BOWMANVILLE PROPOSAL: TO CONVERT A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE FILE NO.: ZBA 2014-0003 A Public Meeting to receive input on the applications will be held on: DATE: Monday, May 5th,2014 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St.,Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 .p.m. at the Planning Services Department, 31d Floor,40 Temperance Street, Bowmanville, Ontario LIC 3A6, or by calling Ruth Porras (905) 623-3379, extension 2412 or by e-mail at rporras(a.clarington.net . Further details can be found on our website at www.clarington.net. If you cannot attend the Public Meeting on this application, you can make a deputation to Council. Should you wish to appear as a delegation in respect to this item, arrangements should be made through the Municipality of Clarington Clerk's Department at (905) 623-3379. In order to have your name appear on the agenda published on Thursday prior to the meeting, requests for delegations must be 'received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting. However, requests for delegations will be accepted until 4:15 p.m. on the work day prior to the meeting and your name will be included on the final delegation list, printed Friday afternoon. An on-line delegation request form is also available on the Municipality's website, www.clarington.net under the Municipal Clerk's Department tab. If you wish to be notified of the adoption of the proposed zoning by-law amendment or of the refusal of a request to amend the zoning by-law amendment,you must make a written request to the Municipality of Clarington, Planning Services Department. The Municipality of Clarington is committed to providing.services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats or other accommodations please contact the Clerk's Department at 905-623-3379,extension.2109. . APPEAL If a person or public body does not make oral submissions at a public meeting or•make writter, submissions to the Municipality of Clarington, Planning Services Department before the by-law is passed; and/or before the approval authority gives or refuses to give approval to the zoning by-law amendment,'the person or public body: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal BoarQ unless, in the opinion of the Board, there are reasonable grounds to do so. Dated t the Municipality of Clarington this day of Api,�L 2014. David J.Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 5-1 Cc: LDO Cl § _{/ . « \ 9 E {±< / , e ® \ \\ k faj oDOOMSN E ( � / o \ . CL . J . � ' � { t � .k _ \\ . _ � 5-2 . PUBLIC MEETING REPORT PSD-024-14 1829963 ONTARIO INC. NOTICE OF APPLICATION. reaat,�r�sway AND PUBLIC MEETING The Municipality of Clarington.has received applications for a proposed Official'Plan Amendment and Zoning By-law Amendment. APPLICANT:. 1829963 Ontario Inc. PROPERTY:. .3061 Regional Road 20,Darlington PROPOSAL: A proposed Clarington Official Plan Amendment to.change the land use designation from General Agricultural to Green Space allowing for recreational uses. 'A proposed Zoning By-law Amendment to permit unserviced camping, parking,portable washroom facilities,food trucks,shower trailers,temporary ticket processing booths,queuing areas and bus loading and parking'areas: FILE NOS.:, COPA 2014-0001 and ZBA 2014-0006 (X-REF: SPA 2014-0005). A Public Meeting to receive input on the applications will be held on: GATE: Monday, May 5,2014 TIME: 9:30 a.m. PLACE: Council Chambers,211d Floor,Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario` Additional information relating to the applications is available for inspection between 8:30 a.m. and 4:30 p.m.(during July and August 8:00 a.m.and 4:00 p.m.)at the Planning Services Department, 3rd Floor,40 Temperance Street, Bowmanville, Ontario LIC 3A6, or by calling Mitch Morawetz at (905) 623-3379, extension 2420 or by e-mail at mmorawetz@clarington.net. If you cannot attend the Public Meeting on these applications, you can make a deputation to Council. Should you wish to appear as a delegation in respect to.this item,arrangements should be made through the'Municipality of Clarington Clerk's Department at(905)623-3379. In order,to have your name appear on the agenda published.on'Thursday prior to the meeting, requests for delegations must be received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting. However, requests for delegations will be accepted until 4:15 p.m, on the work day prior to the meeting and your name will be included on the final delegation list, printed Friday afternoon. An on-line delegation request form•is also available on the Municipality's website,www.clarington.net under the Municipal Clerk's Department tab. If-you wish to be notified of the adoption of the proposed official plan amendment/zoning by-law amendment or of the refusal of a request to amend the official plan/zoning by-law amendment,you must make a written request to the Municipality of Clarington, Planning Services Department. The Municipality of Clarington is committed to providing services as set.out in the Accessibility for 'Ontarians with Disabilities Act, 2005. if you have accessibility needs and require alternate formats or other accommodations pleas contact the Clerk's Department at 905-623-3379, extension 2109. 'APPEAL If a person or public body does not make oral submissions at a public meeting or.make writte submissions to the Municipality of Clarington,Planning Services Department before the proposed officio plan amendment is adopted, and/or before the by-law is passed, the person or public body; i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Boar, unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 7'h day of April, 2014. David J.Crome,M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 • 5-3 Cc: LDO p.fi d O IJNGTO C Ke TON/M.INF Z () ro ll@ERNS n b : ° �v w to �;' tv X Asa D . C LONG ULT ROAD �. Q (D n O O O O m'� Q o � g 2, N O hURAHYR � a � @ N •L7 .moi. DARLING ON-C E 7r-OWNLINEC7 ROAD `s 4Q ---- _ - .......... PUBLIC MEETING REPORT PSD-025-14 REPUBLIC LIVE INC. NOTICE OF APPLICATION Leading the Way AND PUBLIC MEETING The Municipality of Clarington has received applications for a proposed Official Plan Amendment and Zoning By-law Amendment. APPLICANT: Republic Live Inc. PROPERTY: 3730 Concession Road 10,Clarke PROPOSAL: A proposed Clarington Official Plan Amendment to change the land use designation from General Agricultural to Green Space allowing for recreational uses. A proposed Zoning By-law Amendment to permit parking, portable washroom, temporary ticket processing booths, queuing areas and bus loading and parking areas associated with motor race events and music festivals on the Canadian Tire Motorsport Park lands. FILE NOS.: COPA 2014-0002 and ZBA 2014-0011 (X-REF: SPA 2014-0006) A Public Meeting to receive input on the applications will be held on: DATE: Monday, May 5,2014 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario- Additional information relating to the applications is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m.and 4:00 p:m)at the Planning Services Department,31d Floor,40 Temperance Street, Bowmanville, Ontario LIC 3A6, or by calling Mitch Morawetz at (905) 623-3379, extension 2420 or by e-mail at mmorawetz@clarington.ndt. If you cannot attend the Public Meeting on these applications, you can make a deputation to Council. Should you wish to appear as a delegation in respect to this item,arrangements should be made through the Municipality of Clarington Clerk's Department at(905)623-3379. In order to have your name appear on the agenda published on Thursday prior to the meeting, requests for delegations must be received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting. However,requests for delegations will be accepted until 4:15 p.m. on the work day prior to the meeting and your name will . be included on the final delegation list, printed Friday afternoon. An on-line delegation request form is also available on the Municipality's website,www.clarington.net under the Municipal Clerk's Department tab. If you wish to be notified of the.adoption of the proposed official plan amendment/zoning by-law amendment or of the refusal of a request to amend the official plan/zoning by-law amendment,you must make a written request to the Municipality of Ciarington, Planning Services Department. The Municipality of Clarington is committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats'or other accommodations please contact the Clerk's Department at 905-623-3379, extension 2109. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the proposed official plan amendment is adopted;and/or before the by-law is passed, the person or public body; i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board;and ii) may not be added as.a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 7th day of April, 2014, Davi J.Crome,M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington LIC 3A6 Cc: LDO 5-5 • �z -1E m O GLH/G DZy �gYas r D 0 N O P�35 HiG �gy35 0 ' o z C � ,9f �s o 0 BEST ROAD w n LLA0 o D f 7 N g 0 z m O0o N C> N OAD 0 (mU)v z .� , o CL a p, 'D p y o MC) CD O I AY 35/715 o O K C D O m G& a O' N N r N ROAD N/Cy�7F 7gY3 N 0 CLS N 5-6 Clarbgton REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: PSD-023-14 File#: ZBA 2014-0003 Subject: TO CONVERT A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE APPLICANTS: MARK ABERNETHY, JAMES ABERNETHY AND TYLER SMITH RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-023-14 be received; 2. THAT the application to amend the Zoning By-law 84-63, submitted by Mark Abernethy, James Abernethy and Tyler Smith to convert a single-detached dwelling to a professional office, continue to be processed; and 3. THAT all interested parties listed in Report PSD-023-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da id rome, MCIP, RPP an lin Wu, Director of Planning Services Chief Administrative Officer RP/CS/av/df/jp 29 April 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-1 REPORT NO.: PSD-023-14 PAGE 2 1. APPLICATION DETAILS 1.1 Applicants: Mark Abernethy, James Abernethy and Tyler Smith 1.2 Agent: D.G. Biddle &Associates Ltd. 1.3 Proposal: To rezone the subject lands from Urban Residential Exception (R1-12) to a General Commercial (Cl) Zone Exception to permit a professional office in conformity with the Bowmanville East Town Centre Secondary Plan 1.4 Lot Area: 1,011 square metres (0.25 acres) 1.5 Location: The subject lands are located at 190 Church Street, in Bowmahville. This property is located.on the north side of Church Street, midway between Scugog Street and Silver Street (see Figure 1 — Key Map) FIGURE 1 — Key Map z` { Frame Garage Concrete Step t Igo Church st a ti 2 Storey i3rick is Dwelling Asphalt (Convesion Driveway to ONice'Use) # 1 Concrete porch Steps j y I� _ 'Concrete Sidevialk L`t„; - �� N Church Street ZBA 2014-0003 8-2 REPORT NO.: PSD-023-14 PAGE 3 2. BACKGROUND 2.1 On February 26, 2014, D.G. Biddle &Associates Ltd. submitted an application on behalf of Mark Abernethy, James Abernethy and Tyler Smith for a Zoning By-law Amendment to permit a professional office. The rezoning would allow the conversion of an existing single-detached dwelling to office use with a total floor area of 240.8 square metres (2,592 square feet). No building additions are proposed. The Planning Justification Letter, submitted by D.G. Biddle &Associates Ltd. in support of the application, is summarized in Section 7.1 of this report. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on a street that currently includes residential, commercial and community facilities, one block north of King Street West. The site slopes down to the south towards Church Street. The existing building is located on the east side of the property with the current and proposed parking area located in the existing garage and driveway. The property is landscaped with a mature cedar hedge buffering the driveway from the residential property to west. The property has one tree in the front yard and seven mature trees in the rear yard. 3.2 The building located at 190 Church Street is identified as a_"Primary" property on the Clarington inventory list of heritage properties. "Primary' properties are classified as the best examples of a particular style of architecture. FIGURE 2= North View 7S ri a d � 8-3 REPORT NO.: PSD-023-14 PAGE 4 3.3 The surrounding uses are as follows (Figure 3): North - Low-density residential South - Mixed use building across Church Street East - Low-density Residential with two self contained units West - Low-density Residential FIGURE 3 — Context Map 190 Church Street CX) r Ai VOA 5 16 9_a. .... • _ — �!;' %ZBA 2014 0003e 8-4 REPORT NO.: PSD-023-14 PAGE 5 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement states that long-term economic prosperity should be supported by "maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets;"and "encouraging a sense of place, by promoting well- designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes;". The conversion of the subject lands for office use will facilitate the continued vitality and viability of downtown Bowmanville and the conservation of a heritage property in a manner consistent with the goals of the PPS. This application is consistent with the Provincial Policy Statement. 4.2 -Provincial Growth Plan The subject lands are within the "Built-up Area" of the Growth Plan. The Provincial Growth Plan promotes the creation of compact, complete communities that are transit-supportive and pedestrian-friendly. "Complete" communities provide opportunities to both live and work. The Growth Plan directs development to existing serviced urban centres and encourages a compatible mixture of land uses within urban areas. The Owner's proposed conversion from residential to office use will achieve the objectives of the Growth Plan to maintain a complete community and support a strong economy. This application conforms with the policies of the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property "Regional Centre". Regional Centres shall be developed as the main concentration of commercial, residential, cultural and government functions within urban areas. This proposal conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates this property as "Town Centre". The property is also within the Bowmanville East Town Centre Secondary Plan and is designated "Mixed-use Area". The "Mixed-use Area" designation incorporates predominantly residential dwellings. It is the intention of Secondary Plan to allow for the conversion or redevelopment of existing structures to enhance the character of these areas. The following uses are permitted in the "Mixed-use Area" designation: 8-5 REPORT NO.: PSD-023-14 PAGE 6 ® low density residential ® personal service and office uses ® limited retail uses including gift shops ® mixed use buildings 5.3 The proposed land use conforms with the "Mixed-use Area" designation of the Secondary Plan. 6. ZONING BY-LAW 6.1 Within Zoning By-law 84-63 the subject lands are zoned "Urban Residential Exception (R1-12)". The applicant has requested an amendment to the Zoning By-law to permit an office use. The proposed rezoning would conform with the Secondary Plan. 7. SUMMARY-OF BACKGROUND STUDIES 7.1 Planning Justification Letter by D.G. Biddle & Associates Ltd. The Planning Rationale indicated that the conversion of the existing single-detached dwelling to an office is in general compliance with the intent of Provincial, Regional and Municipal Plans. The downtown is an appropriate location for office and other employment uses as it efficiently utilizes the existing infrastructure required to support services in downtown Bowmanville. The proposed office use is in keeping with the commercial designation in the Secondary Plan. It also indicated that the nature of the commercial uses proposed will facilitate land use compatibility with the existing heritage character by not requiring extensive changes to the physical form of the existing building. The Planning Rationale also stated that "additional on site-parking could be accommodated, but would involve the removal of the garage, mature trees and landscaping, which would be deleterious to the heritage character of the site buildings, the lot and the neighbourhood." 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 At the writing of this report, Staff had received three inquiries regarding this application. The following list summarizes the comments received and recorded by Staff: 8-6 REPORT NO.: PSD-023-14 PAGE 7 ® A resident expressed support for the proposed office use based on the perceived benefits of utilizing a heritage property for office space within the downtown. ® A business owner indicated concerns with existing on-street parking and the proposal to reduce the parking requirements on the property. The availability of on-street parking, at the west end of Church Street', is already limited due to the presence of other commercial uses in the area. ® A business owner indicated that there is available commercial space for similar uses within 120 metres of 190 Church Street in Bowmanville. The proposed office use adds to the competition for professional office tenants in the downtown. Some commercial units already within the downtown are vacant. This will affect the resale value of existing commercial business properties. 9. AGENCY COMMENTS 9.1 The Durham Regional Planning Department and Works Department have no objections to the proposed change in land use. 10. DEPARTMENTAL COMMENTS 10.1 Engineering Services The Clarington Engineering Services Department has no concerns with the proposed zoning change. 10.2 The Finance Department has confirmed that the taxes on this property have been paid. 11. DISCUSSION 11.1 The proposed conversion of the residential property to commercial use is in keeping with the objectives of the Provincial Policy Statement, Provincial Growth Plan, the Durham Regional and the Clarington Official Plans and it represents efficient land use and development patterns supported by the Plans. The conversion of the subject property to office use will further reinforce the character of the East Bowmanville Town Centre, 11.2 Heritage 11.2.1 The property is identified as a primary heritage building in the Municipality's list of heritage properties as it depicts one of the best examples of"town house" design built during the 19th century in Bowmanville. In its overall form and design this house can be classified as vernacular late Georgian. The house is a two storey brick building, 8-7 REPORT NO.: PSD-023-14 PAGE 8 built around 1855. The fagade is divided into three bays and it has a full cross-front porch. There is a well maintained front yard and a mature cedar hedge buffering the driveway from the property to the west. The lot has approximately eight trees, one tree in the front yard and seven mature trees in the rear yard which can be viewed from Church Street. 11.2.2 An objective of the Bowmanville East Town Centre is to preserve and enhance the unique character of the Downtown. The Plan requires development or redevelopment to conform with the site development criteria of the Secondary Plan by ensuring that fagades are preserved and that additions to buildings are located to the side or the rear. The applicant has indicated that no physical changes are being proposed to the exterior. This will maintain the heritage character of the property and surrounding context. The applicant's proposal also maintains the greenery so much needed in the downtown and advances the Municipal objectives of preserving trees. 11.2.3 The property abuts a residential zone to the east, west and north. Additional landscaping would be required through the site plan process to provide screening between uses. 11.2.4 The existing building and garage would not comply with the interior side yard provisions for a commercial zone which requires a minimum 1.25 metres interior setback for the office building and a 1.2 metres interior setback for the garage. The Zoning By-law would require provisions to reflect the setbacks of the existing buildings on the property. 11.3 Parking Area and Loading Regulations 11.3.1 The Zoning By-law sets out the parking provisions for the proposed use. Office uses require a minimum of one space for every 30 square metres of gross floor area. The floor area of the existing building measures 240.8 square metres, requiring the provision of eight parking spaces for the site. The applicant is requesting a 5 parking space reduction (63%). 11.3.2 ,The buildings in downtown Bowmanville which front on King Street are exempt from parking and loading requirements. Commercial uses.fronting on Queen Street and Church Street are not exempt and must provide parking in accordance with parking standards. In the past Council has approved reductions to parking area, drive aisle and loading standards to take into consideration the heritage character of the property, existing mature trees, amenities and the nature and anticipated intensity of the land use. Two examples are the properties located at 55 Temperance Street and 120 Queen Street, both in downtown Bowmanville. A rezoning,application was approved. to permit professional offices at 55 Temperance Street (3 parking space reduction) and 120 Queen Street (1 parking space reduction). 11.3.3 It is stated in Planning Rationale that parking on the property and the existing on- street parking, and nearby downtown municipal parking lots will supply sufficient parking for the office use. The proponent's proposal is that the existing driveway and 8-8 REPORT NO.: PSD-023-14 PAGE 9 garage can accommodate three in-tandem parking spaces, which would be used for employees. All other customers and visitors would utilize the existing on-street and pay parking lots provided by the Municipality. 11.3.4 The Bowmanville East Town Centre Secondary Plan emphasizes the importance of providing redevelopment opportunities, while at the same time preserving local heritage character. The Zoning By-law requires a minimum drive aisle width of 4.5 metres. However, as the drive aisle is utilized to accommodate two parking spaces in- tandem a reduction of the drive aisle width would be required because of the existing layout. 11.3.5 The Zoning By-law requires a loading space. However, the proposed use does not require regular delivery by large transport trucks. In addition, similar uses located in downtowns generally do not provide loading space; delivery/pick-up needs are easily accommodated by smaller vehicles utilizing a normal sized parking space. 11.3.6 The Clarington Official Plan provides for the Municipality to.enact a cash-in-lieu of parking policy to collect funds for the improvement or expansion of parking facilities. 12. CONCURRENCE: Not Applicable 13. CONCLUSION 13.1 The purposed of this report is to provide background information on the proposal submitted by Mark Abernethy, James Abernethy and Tyler Smith for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Ruth Porras, Senior Planner/Urban Designer 8-9 REPORT NO.: PSD-023-14 PAGE 10 List of interested parties to be advised of Council's decision: Mark Abernethy James Abernethy Tyler Smith Carolyn Sproatt Robin Jeffrey Dominick Forsellino Region of Durham Planning and Economic Development Department Municipal Property Assessment Corporation Glenn Genge, D.G. Biddle & Associates 8-10 Cladiwn REPORT PLANNING DEPARTMENT SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: N/A Report#: PSD-024-14 File#: COPA 2014-0001 & ZBA 2014-0006 Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING AND ANCILLARY USES ON LANDS, NEARBY TO CANADIAN TIRE MOTORSPORT PARK APPLICANT: 1329963 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-14 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by 1829963 Ontario Inc., to allow camping and ancillary uses, continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-024-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David l. Crome, MCIP, RPP Fr kin Wu; Director of Planning Services Chief Administrative Officer MM/CP/sn 30 April, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-11 REPORT NO.: PSD-024-14 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: 1829963 Ontario Inc. 1.2 Agent: CM Planning Inc. 1.3 Proposal: Clarington Official Plan Amendment A proposed Clarington Official Plan Amendment to change the land use designation from General Agricultural to Green Space to allow major recreational uses. Zoning By-law Amendment A proposed Zoning By-law amendment to permit outdoor camping, parking, portable washroom facilities, food trucks, shower trailers, temporary ticket processing booths, queuing areas and bus loading and parking areas associated with events on the nearby Canadian Tire Motorsport.Park (CTMP) lands. 1.4 Area: 30.27 hectares (74.8 acres) 1.5 Location: 3061 Regional Road 20, Part of Lot 2, Concession 8, Former Township of Darlington (Figure 1) 2. BACKGROUND 2.1 This public meeting is required under the Planning Act to consider applications submitted on March 12, 2014, by 1829963 Ontario Inc. for a Clarington Official Plan amendment and Zoning By-law amendment to allow camping, parking, portable washroom facilities, food trucks, shower trailers, temporary ticket processing booths, queuing areas and bus loading and parking areas on the subject lands. The rezoning application requests a permanent zoning change and that permission to camp be not only for music festivals,but include any event held at CTMP. In addition to submitting these applications, the applicant has submitted an application for Site Plan Approval. 2.2 The Darclarke Properties Corp. property located west of the CTMP and immediately east of the subject property was recently rezoned to allow unserviced camping with restrictions that can be found in the by-law. In addition, an application has been filed to allow off-site vehicle parking and ancillary uses on a farm property located at the northwest corner of Concession Road 10 and Highway 35, to accommodate overflow and additional parking demands for the Boots and Hearts Music Festival. 2.3 The Boots and Hearts Music Festival was held August 1 to August 4, 2013. Approximately 18,000 people camped at the festival. There were approximately 4,500 campsites/recreational vehicle sites on the CTMP and Darclarke properties; approximately 2,500 being on the latter. With the addition of the subject lands, it is proposed that there could be-approximately 4,100 useable campsites located off the CTMP. In addition there will be camping and recreational vehicle sites located on the CTMP lands (Figure 1). 8-12 REPORT NO.: PSD-04-14 _ PAGE 3 Figure 1 — Site Plan N Q 0 4 U rn N 0 C o CL ao o i ® N r11 L _° o v , 000 As 2 L tuff i Lue f / OVOd1 I MNVi6IMHVIO NOiONIj8VCI I��IIIIY ❑-`l�alul!�114]Yu MTWOi f19E U.N-5=fOr9 h _ cl W „f _ .. . • a 3-13 REPORT NO.: PSD-024-14 PAGE 4 2.4 From discussions with the owners of CTMP, it is the understanding of staff that race events, at this time, do not foresee using this subject property for camping or parking. The request to broaden the circumstances under which camping could occur is to allow the owners flexibility in the future'to use the property for camping or parking for race events or other events held at CTMP. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands, owned by 1829963 Ontario Inc., are located west of the CTMP lands, with frontage along Regional Road 20, Clarke.The aerial photograph shows the subject property. The licenced area for an aggregate extraction pit comprises the northerly 11 hectares (see Figure 2). An area of approximately 1 hectare had approximately 830 loads of fill illegally dumped on it in January, 2012 (see Figures 2 and 3). 3.2 The surrounding uses are as follows: North - Existing Aggregate Extraction operation and rural residential uses South - Woodlot and agricultural lands East - Agricultural lands and temporary unserviced camping West - Woodlot and agricultural lands Figure 2— Subject Site r o `arFd Mel ,m ,3 Licensed Pit Area X Ml 44A Fill i Subject Site,kl 17 t .. 1rLX:�y1� y --------- mar:- 8-14 REPORT NO.: PSD-024-14 PAGE 5 Figure 3 —West Side of Fill Dumpsite • '1 • �S 4. ' PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The subject lands have been identified as a Rural Area as defined by the PPS. The lands are not Prime Agricultural Lands and this is not considered to be a Prime Agricultural Area. Rural Areas include agricultural lands but may include opportunities for sustainable and diversified tourism, including recreational uses while conserving biodiversity and considering the ecological benefits provided by nature. Rural Areas should be supported by building upon rural character and leveraging rural amenities and assets. 4.2 Oak Ridges Moraine Conservation Plan (ORMCP) The ORMCP designates the subject lands Countryside Area, and a small portion at the south end as Natural Linkage Area. Countryside Area policies promote the protection and continuation of agricultural uses. Natural Linkage Area policies promote the creation of open space linkages between natural heritage features identified as Natural Core Areas. Both designations allow low-intensity recreational uses and unserviced parks. Major recreational uses are permitted in Countryside areas, but prohibited in prime agricultural areas and areas designated primarily for agricultural uses. Criteria are established for-the establishment or expansion of a major recreational use. 8-15 REPORT NO.: PSD-024-14 PAGE 6 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands Countryside Area and Natural Linkage Area. Countryside Areas allow agricultural-related uses, small scale commercial, industrial,. and institutional uses. Major recreational uses are permitted in Countryside areas, but prohibited in prime agricultural areas and areas designated primarily for agricultural uses. Natural Linkage Areas form part of a natural corridor system, the purpose of which is to maintain, improve and restore the ecological integrity of the Moraine. No uses are proposed for the Natural Linkage Areas and setbacks are required for a major recreational uses. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands General Agricultural, Natural Linkage Area and Environmental Protection Area. A significant woodland is identified on the portion of the site designated as Natural Linkage Area and Environmental Protection Area. General Agricultural Areas shall be predominantly used for farm and farm-related uses. The Natural Linkage Areas shall be used only for agricultural uses, home-based occupations, home industries, bed and breakfast establishments, farm vacation homes, low-intensity recreational uses, unserviced parks, and conservation uses. No development shall be permitted on lands designated Environmental Protection Areas, except low-intensity recreation and uses related to forest, fish and wildlife management or erosion control and stormwater management. 6. ZONING BY-LAS/ 6.1 Zoning, By-law 2005-109 zones the subject lands Aggregate Extraction (AE), which permits and pit, and Agricultural (A), Natural Linkage (NL) and Environmental Protection (EP), which permits agricultural uses and a single detached dwelling. The portion of the property that is zoned AE may not be rezoned to allow additional uses until the pit licence is removed by the Ministry of Natural Resources, 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting sign was erected along Regional Road 20. It has also been advertised on the municipal website and in the Planning E-Update. 8-16 REPORT NO.: PSD-024-14 PAGE 7 7.2 At the time.of writing this report, inquiries have been made by the public regarding this application. The public who have come forward have raised concerns regarding the public safety, public nuisances, security, traffic.congestion, blocked access to neighbouring properties, noise, trespassing, littering and the suitability and appropriateness of this property for the proposed purpose. 8. AGENCY COMMENTS 8.1 No agency comments have been received at the time of writing this report. 9. DEPARTMENTAL COMMENTS 9.1 Emergency and Fire Services No objection to the current applications. With regard.to the site plan, fire access routes must be established and maintained not less than 6 metres in width as per the requirements of the Ontario Building Code for Access Route Design. Proper identification of the internal lanes and parking areas with easily readable signage is required. Two fire access entrances are needed for emergency vehicle access to the site. 9.2 Engineering Services Emergency access into the site has not been blearly outlined in the Traffic Plan. From subsequent meetings with the applicant, staff understands the following: Trafficfrom the west will enter the site at either the west entrance or be directed easterly onto Conc. 10 and into the east entrance (Gate.2). Traffic from the east will travel on Reg. Rd. 20 to the west entrance or onto Conc. 10 and into the east entrance. Conc. 10 from the east entrance (Gate 2) to Hwy. 35 will be open only to residents living on Conc. 10, shuttle buses for the event, production access and emergency access from the east. Emergency access is proposed from the southwest, north on Reg. Rd. 57, east on Conc. 8 and north on Mosport Rd. The suitability of these emergency accesses has not been confirmed by Emergency Services, DRPS nor EMS. Access to the existing residences on Murphy Road a,nd Long Sault Road during periods of traffic congestion on Regiorial Road 20 has not beeri addressed by the applicant. These two roads do not have alternate access than from Regional Road 20, and local and emergency access to these roads must be addressed. This issue was introduced in the first wrap-up meeting after the 2013 event. In the event that the subject lands are not developed as applied for, the entire Traffic Plan must be revisited and revised to the satisfaction of the Director of Engineering Services and the Region of Durham. Also, all reference to Boundary Road in the Traffic Plan should state "Regional Road 20". 8-17 REPORT NO.: PSD-024-14 PAGE 8 9.3 Building Division No concerns with this application. Building permits are required for any proposed buildings as per the Ontario Building Code. 10. DISCUSSION 10.1 Canadian Tire Motorsport Park is an established facility with zoning for a'motor vehicle race track, agricultural fairground and music festivals. It is identified as a Tourism Node in the Clarington Official Plan, an indication of an area of major tourism and recreation potential. The Oak Ridges 'Moraine Conservation Plan would consider CTMP a major recreational use and provides polices for the establishment and expansion of such uses. 10.2 The application seeks permission to allow unserviced camping and ancillary uses and a bus loading and parking area for any event held at CTMP. It is noted that the Boots and Hearts Music Festival and associated camping raised issues previously, including: ® Public Safety ® Traffic management ® Emergency services (Fire, Police, EMS, Security personnel) ® Negative impacts on nearby residents and land owners ® Positive community impact for tourism and economic development ® Impacts on the natural heritage system ® Potential agricultural impacts ® Need for additional camping and parking areas These impacts were discussed following the 2013 Boots and Hearts Music Festival at wrap-up meetings held with representatives from Republic Live Inc., Canadian Tire Motorsport Park, Municipality of Clarington, Durham Regional Police, Durham Region EMS, St. John's Ambulance, Lakeridge Health and security personnel. Steps are being taken to address the issues which are dependent, in part, on this application. 10.3 To support the subject applications, and to address the above noted concerns, a Planning Justification report, a Natural Heritage Evaluation and a Transportation Plan and a Phase One Environmental'Site Assessment (ESA) Report were submitted and circulated for review and comments. These will be reviewed in detail in a future staff report. The Phase One ESA was required due to the fill being illegally dumped on the site in January, 2012. 10.4 The Planning consultant for the applicant has recommended that the Green Space designation be applied and that the camping use would be permitted as a recreational use. The land use designation must conform to the policies of the Oak Ridges Moraine Conservation Plan and Durham Regional Official Plan, and will also be reviewed in the context of the Clarington Official Plan review dealing with the Countryside. 8-18 REPORT NO.: PSD-024-14 PAGE 9 10.5 Use of the lands for camping also requires site plan.approval and the owners would enter into a site plan agreement to control access, site layout, fencing/signage to protect woodlot, lighting, and waste/recycling. The site plan for the subject lands is still in flux until the determination of the future of the licensed area. On April 28, 2014 Council approved the use of the unopened road allowance between Lot 2 and 3 (south of Murphy Road) as an alternative access to the site, if access cannot be obtained_through the licensed pit. 10.6 The further consideration of the application will require the proponent to resolve the issue of the fill that was illegally dumped on the site. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 The purpose of this report is,to provide background information on the,proposed Clarington Official Plan Amendment and Rezoning applications submitted by 1829963 Ontario Inc. Staff will continue processing the applications including the preparation of a subsequent report upon resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff-Contact: Mitch Morawetz, Planner I Attachments: Attachment 1 — Proposed,Official Plan Amendment List of interested parties to be advised of Council's decision: Republic Live Inc. Orlando Corporation Darclarke Properties Corp. G.S. Graham Valerie Cranmer, Valerie Cranmer & Leslie Kerrigan Associates Kate Sperry Rick Rondeau Diane Jackson Carolyn Molinari 8-19 ATTACHMENT 1 TO REPORT PSD-024-14 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL.PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit camping and ancillary uses on parcel 01.0-110-19100, located in Part of Lot 2, Concession 8,former Township of Darlington. BASIS: The amendment is based on an application submitted by 1829963 Ontario Inc,to permit camping and ancillary uses such as portable washrooms and day parking associated with motor race events and music festivals on the Canadian Tire Motorsport Park lands. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by: i) Amending Map Al (Darlington), as indicated on Exhibit W attached to this amendment by redesignating lands from "General Agricultural Area"to"Green Space"; and ii) Adding a new policy to Section 14.5 as follows: "14:5.7 Notwithstanding Section 14.5.2,permitted uses on the property with tax assessment roll no.18-17-010-110- 19100, also include unserviced camping and ancillary uses such as portable washrooms and day parking,as an intermittent and temporary use, accessory to lands to the east that permit motor race events.and music festivals, subject to the following: --- - --- - - -- --- --._� -- 0 Permanent buildings and/or structures related to the temporary use are prohibited; ® Alteration to grades is prohibited; i Natural heritage features will be appropriately buffered; m Site Plan approval will be obtained to address such matters as site layout;access;temporary fencing, signage and lighting;and, monitoring of measures to mitigate-environmenta impacts; -- - - — IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan,as -==-- arnendedrregar-ding-the-implementation-o-f-th.e-Plan-shall_apply-to_this—-__ . -------_ amendment, INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan,as amended, regarding the interpretation of'the Plan shall apply to this amendment. 8-20 Exhibit "'A-', Amendment No. To the Municipality of Claringt n Official Plan, Map A1, Land Use, Darlingt®n '— Ut,L;.,;:' .t,.-'•'Vii_' __ ____ _ ..;-�"%�� :t_;'.,'--'.�. ...,./•�`.�:5,:a�:",,� - - _+i%s.5�a C„�._.:.��'�'.>✓.Jc; - - !7s`rY•c�- .�J:�:.t c::.:�`�'-rh�`�'.-_�-'�'r�:-'.,.��`=na=:°• :3 :ii”",: � _ i• ;.. - - _ �?{r_ ;'.�• _x•' �=�<r,may ::ir - < •yh._ ,�`��_''-�r..-' _ �� � �.3�:;.��.:� .,�. <-''.��x._'-�'_t-:• L.,_ :-_.,'1: _��jr�-y��_'�'� 'C"'~~- �i.5=== _'- __- _t£r „'::;_ R'VS'•°'..t�:��-c��.x}yn��V-„,c^?''.”-�•r��it;�l'� 15�: .•-'•- ;t••r. 7r. .u'� <•i �-,m r•^se.�: A;..r='r:,=:ao- 4'�.3't�.a�.,•: _ r�l�r - _tiu.` �:r+�P_;.;��{J_:.�.:��' £-..., -:r.� ��j,.�`' �.,=rte::_ �.:. 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"• � '4,`�`�+ �,,: r - _ ,-- %lyra a. rE ICC'I B-21 Clarbgton REPORT PLANNING DEPARTMENT SERVICES PUBUC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: N/A Report#: PSD-025-14 File#: COPA 2014-0002 & ZBA 2014-0011 Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW PARKING AND ANCILLARY USES ON LANDS NEARBY TO CANADIAN TIRE MOTORSPORT PARK APPLICANT: REPUBLIC LIVE INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-025-14 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by Republic Live Inc., to allow parking and ancillary uses, continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-025-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Davi rome, MCIP, RPP raNil n Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 30 April, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-22 REPORT NO.: PSD-025-14 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: Jeffrey and Nancy Dobson 1.2 Applicant: Republic Live Inc. 1.3 Agent: Valerie Cranmer & Associates 1.4 Proposal: Clarington Official Plan Amendment A proposed Clarington Official Plan Amendment to change the land use designation from General Agricultural to Green Space to allow recreational uses. Zoning By-law Amendment A proposed Zoning By-law amendment to permit parking, portable washroom facilities, temporary ticket processing booths and bus loading and parking areas associated with events on the nearby Canadian Tire Motorsport Park (CTMP) lands. (Application revised on April 28, 2014 as noted in Section 2.4) 1.5 Area: 45.36 hectares (112 acres) 1.6 Location: 3730 Concession Road 10, Part of Lot 23 and 24, Concession 10, former Township of Clarke Figure 1 Property Location Map(Clarke) 2. BACKGROUND N 2.1 This public meeting is required under the Planning Act I REGIONAL ROAD 20 to consider applications submitted on March 31, 2014, � y by Republic Live Inc. for a Clarington Official Plan CONCESSION ROAD 10 amendment and Zoning By-law amendment to allow parking, portable washroom facilities, temporary ticket Subject Site processing booths and bus loading and parking areas on the subject lands (see Figure 2). The rezoning application requests a permanent zoning change that would permit overflow day use parking and ancillary L uses not only for music festivals, but also any event N6 ROAD — held at Canadian Tire Motorsport Park. In addition to submitting these applications, the applicant has submitted an application for Site Plan Approval on theda- 2.2 A` Q - subject lands.The Darclarke Properties Corp. property located west of the CTMP was recently rezoned to allow unserviced camping as a temporary use (three years) with restrictions. The property immediately west of the Darclarke property is currently subject to Clarington Official Plan Amendment and Zoning By-law Amendment applications seeking to permit camping and ancillary uses for music festivals and other events held at CTMP. 8-23 REPORT NO.: PSD-025-14 _ PAGE 3 Figure 2 — Proposed Site Plan Entrances / Woodlot " �—'i Eli 2F218. _ 1-s HTH p= Li4 �- � -CE4 1 Bus Loading Area / m o �5 i -- a 0 8-24 REPORT NO.: PSD-025-14 PAGE 4 2.3 Figure 3 is a map showing the four properties proposed to be used for the Boots and Hearts Music Festival in 2014. Outlined in yellow is a portion of the CTMP property, in maroon is the Darclarke property (camping), in green is the 1829963 Ont. Inc. property (camping) and 'in red is the Dobson property (parking). FIGURE 3 — Property Relationship Map REGIONAL ROAD " SHUTTLE BUS A PARKING ROUTE jt ; _ - ,GO ESSLON ROAD ID"s 'CAMPING Y4 Wit,,.. p ''w'} •�_ ,AP .g .i i.. U M W t 9 ,H m ;' • MAIN STAGE J 7 AREA 2.4 By correspondence received April 28, the applicant revised the application such that the lands will only be used for parking and ancillary uses associated with the Boots and Hearts Music Festival. The property will not be used in conjunction with any other event on the CTMP lands. 2.5 The proposed off-site parking area would accommodate approximately 7,400 vehicles. Vehicular access is proposed from Regional Road 20 with shuttle buses entering and exiting the southwest corner of the property at Concession Road 10. The shuttle would operate directly between the off-site parking and the CTMP on Concession Road 10. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands, owned by Jeffrey and Nancy Dobson, are located on Concession Road 10, east of the Canadian Tire Motorsport Park lands, with frontage along Highway 35, Regional Road 20 and Concession Road 10, Clarke. The aerial photograph (see Figure 4) shows the extent of the subject property. 3.2 The surrounding uses are as follows: North - Existing Aggregate Extraction operation and rural residential properties South - Woodlot and rural residential properties East - Woodlot and agricultural uses West - Vacant agricultural land 8-25 REPORT NO.: PSD-025-14 PAGE 5 FIGURE 4 —Subject Site ti 'ice..' • , • • � � % I -_t ., _s£- � 93 •7'-� J� i a 1� - + f`q � .* - ^ '���,j+j � .• `moi? - v�'Ad�A�TI, 4 _ -X.. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The subject lands have been identified as a Rural Area as defined by the PPS. The lands are not Prime Agricultural Lands and this is not considered to be a Prime Agricultural Area. Rural Areas include agricultural land but may also include opportunities for sustainable and diversified tourism while conserving biodiversity and considering the ecological benefits provided by nature. Rural Areas should be supported by building upon rural character and leveraging rural amenities and assets. 4.2 Oak Ridges Moraine Conservation Plan (ORMCP) The ORMCP designates the subject lands Countryside Area. Countryside Area policies promote the protection and continuation of agricultural uses. This designation allows low-intensity recreational uses and unserviced parks. Major recreational uses are permitted in Countryside areas, but prohibited in prime agricultural areas and areas designated primarily for.agricultural uses. Criteria are established for the establishment or expansion of a major recreational use. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands Countryside Area. Uses permitted in Countryside Areas include those mentioned above as well as agricultural-related uses, small scale commercial, industrial, and institutional uses. Major recreational uses are permitted in Countryside areas, but prohibited in prime agricultural areas and areas designated primarily for agricultural uses. 8-26 REPORT NO.: PSD-025-14 PAGE 6 5.2 Clarington Official Plan The Clarington Official Plan designates the lands General Agricultural and Environmental Protection Area. A significant woodland is identified on a central portion of the site designated as Environmental Protection Area. General Agricultural Areas shall be predominantly used for farm and farm-related uses. No development shall be permitted on lands designated Environmental Protection Areas, except low-intensity recreation and uses related to forest, fish and wildlife management or erosion control and stormwater management. 6. ZONING BY-LAW 6.1 Zoning By-law 2005-109 zones the subject lands Agricultural (A) and Environmental Protection (EP), which permits agricultural uses and a single detached dwelling. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting signs were erected along Regional Road 20, Highway 35 and Concession Road 10. 7.2 At the time of writing this report several inquiries have been made by the public regarding this application. The public who have come forward have raised concerns regarding the roads and traffic, nuisances to surrounding property and farm owners and the suitability and appropriateness of this property for the proposed purpose. Concerns have also been raised about public safety, drunk drivers and the possibility that the site will be used for camping in advance of the event or as an overflow camping area for the Boots and Hearts Festival. 8. AGENCY COMMENTS 8.1 No agency comments have been received at the time of writing this report. 9. DEPARTMENTAL COMMENTS 9.1 EmergencV and Fire Services No objection to the Official Plan amendment and Zoning applications. With regard to the site plan, fire-access routes must be established and maintained not less than 6 metres in width as per the requirements of the Ontario Building Code for Access Route Design. Proper identification of the internal lanes and parking areas with easily readable signage is required. Two fire access entrances are needed from Regional Road 20 and one fire access entrance is needed from Concession Road 10 for emergency vehicle access to the site. 8-27 REPORT NO.: PSD-025-14 PAGE 7 9.2 Engineering Services It is anticipated that traffic volumes on Concession Road 10 and on other local municipal roads will increase significantly during periods when the proposed parking area is in use. The normal background traffic volume on local roads in this area of Clarington is very low. It is anticipated that the traffic volumes generated by the proposed use will have an adverse impact on the local roads in this area. Concession Road 10 currently has critical deficiencies in structural adequacy, surface type, geometric design and width and cannot suitably accommodate larger volumes of traffic. The applicant proposes new entrances to the subject site from Concession Road 10. The proposed use will require that a suitable amount of sight distance is available for any new entrances that will be constructed on Concession Road 10. In previous meetings regarding the Boots and Hearts festival, the Engineering Services Department has been supportive of the use of these lands for that one annual event and in the presence of a road closure of Concession Road 10 from Highway 115/35 to Regional Road 20. Engineering Services cannot support the use of these lands for multiple events. 9.3 Building Division The Building Division has no concerns with this application. Building permits are required for any proposed buildings as per the Ontario Building Code. 9.4 Operations Entrance permits will be required from Clarington and Durham Region for the proposed new entrances. 10. DISCUSSION 10.1 Canadian Tire Motorsport Park is an established facility with zoning for a motor vehicle race track, agricultural fairground and music festivals. It is identified as a Tourism Node in the Clarington Official Plan, given its major tourism and recreation potential. The Oak Ridges-Moraine Conservation Plan would consider CTMP a major recreational use and provides polices for the establishment and expansion of such uses. 10.2 To support the subject applications for off-site parking, and to address concerns identified following the 2013 festival, a Planning Justification report, a Natural Heritage Evaluation and a Transportation Plan were submitted and circulated for review and comments..These will be reviewed in detail in a future staff report. 8-28 REPORT NO.: PSD-025-14 PAGE 8 10.3 The Planning consultant for the applicant has recommended that the Green Space designation be applied and that the parking use would be permitted as a recreational use. The land use designation must conform to the policies of the Oak Ridges Moraine Conservation Plan and Durham Regional Official Plan. 10.4 Use of the lands for parking also requires site plan approval and the owners would be required to enter into a site plan agreement to control access, site layout, fencing/signage to protect woodlot, lighting, and waste/recycling. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to provide background information on the proposed Clarington Official Plan amendment and Rezoning applications submitted by Republic Live Inc. Staff will continue processing the applications including the preparation of a subsequent report upon receipt of all agency comments and resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Mitch Morawetz, Planner] Attachments: Attachment 1 - Proposed Official Plan Amendment List of interested parties to_be advised of Council's decision: Republic Live Inc. Leslie Kerrigan Jeffrey and Nancy Dobson Barbara Breau Valerie Cranmer, Valerie Cranmer & Brent Moxam Associates Ryan Sutcliffe Carolyn Molinari Adam Walker 8-29 ATTACHMENT 1 TO REPORT PSD-025-14 TO THIS MUN1CIWkL.117YF.CLJ R11-aGTON QF:F•IO:,�L i='f-A;N,' FURPEF: Tei rrlierl l t.i;i :i�°t_ 1;cictatit °.t;, �Cla;`Ir quare Official Na.11 ta. pertr, t wehide.clarltrrt , parrl-Ote� wash,00rrrs, trdke( process��:�t����sii��,. qutug area and bilis.inad"I 1g au.-)d .7axkfn� 71 ra cel L:30-Ui'0- �I�e> a located d in.Part OF Litt 23 -a°d 4.Conte sic n 10,fo= ar Tmv=rsht pi of Qkirke, BASIS, c1i11-'lldrni'rt 1s- h aed '.'_n an applicc-10(m. -jue-d iC 'i l Lt�rt,• lm� b ci n t it 5_"s it -l£ ri4l n'SA y�lir b:te aasI.rooffzs, -Lic et procne,Wrkg booths, que.t un.g.a1'ea and bus 10�-:rig,and pa kilig associated�MI,niator grate events 9.rtt- n)-u-sic f UNZ4tr,on thory t;o-.tl.adr is ll Ti'le M0tt)r--,D0=t NU-k lar sAI3 r ACTUAL The Cfartjigtun Official. FI-Ean is hereby amended by. i) Ar11e ld WN Map Al (Clarke), �s on Exhibit "VV attacher w tj1•Is Ci:l-jenGi`';��I'I, dt by redeS lm C"igig kmands frarn "Geri 3 al Ail-F CUt ura)Area to"Gre n Space"; acrd riding.a r�,�w ulic�� tosect an ;F4,.5 as t+�ii.�)} .�; Section 14.5-2, rmit-ted' unes on thl1 property with tztx as-ses rllc�ll't x 0i 110. 08-17-030-070- 500, abro lact,trd�vehicle Larking purtablo washrocrns, t rket r cuing borjth ) qLF1?L11;3 esE's u" skr3L. .;5 to troll .7n'l� ;Par'l:T'rt .F ` inter m- enty wad temp&T7 1)t U.S:el y,.iN sit. F to the - cmtadlar1 lire Motorsport F elt J."m subject to the f�liC7�',rar��: Fermarient le i tings and ra: -suctures:rea e t0 the te-mPcir Ill u,-0,are. prub-5hitecl; x'41turat rlerltzi i r' uLtl us, WK t7E 8;rpC7?'ri3.�t�'}+ Y �- Site Na-in-apprtrrat 3l � �Lt i� .t to .rlcir�ss -Wh 13m.tters as s-e ��Ykl;t:; accmrs-% temporary a:ry tenting" ''-sagnagg¢ aft;' !Ji Ait'ing; and, rnmii tit ltl0,Y of to rn:W4,a.1.f, Ln'.r"it't:pk[TtenLa The L,mvkslorts set forth in tab: . +4uni{.�Jprl[rtY.Of Cram r „,Da offi'mal pian, ZE. c'm-allde-d, regarcITIlg.the 1111po r-rien€;930- of till P(an ,hat,. aj,)P[.,y ICU this &Pniendmer t. IN-j" : ATION: '1 set fibwtiT isl th,'MUnIci malty yF CEarhoton Official ✓_ NZ111, X s,. amended, regard. na the 1n.U.,rPr�ta.F'7m of the Jfilar)0iWil i,to this a r3en „stent. 8-30 Exh.fb,t "Athe A nicipa-fill-It", i Amendment Nojo Ply to,n Officiat Plan, Map A 1, Land Use, Clarkto EMM-11 S-.1 IN raia-to 41 Agriculfu Mk.i t ytlp Pace OadflgtOR R PLANNING VI DEPARTMENT Fleeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: Dy-law#: N/A Deport#: PSD-026-14 File#: PLN 34.5.2.55 Subject: HERITAGE DESIGNATION EY-LAW (AMENDMENT) 210 KING AVENUE WEST, NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-026-14 be received; 2. THAT the recommendation of the Clarington Heritage Committee to enact a new designation by-law for 210 King Avenue West, Newcastle, under Part IV of the Ontario Heritage Act continue to be processed; 3. THAT the Clerk prepare the required Notice of Intention to Amend the Designation pursuant to the provisions of the Ontario Heritage Act; 4. THAT depending on the response to the Notice of Intention to Designate, the Clerk either prepare the necessary by-law or report back to Council regarding objection(s) received, and 5. THAT the Clarington Heritage Committee, the interested parties listed in Report PSD- 026-14 and any delegations, be advised of Council's decision. Submitted by: Reviewed by.- Da'v_id7. Crome, MCIP, RPPn lin Wu, Director of Planning Services Chief Administrative Officer FL/sn/df 29 April 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-32 REPORT NO.: PSD-026-14 PAGE 2 1. PURPOSE 1.1 The purpose of this report is to seek approval of a new designating by-law (Attachment 1) for 210 King Avenue West, Newcastle and recommend repeal of By- Law 95-30 (Attachment 2). Essentially to amend the existing designation by-law, the process outlined in the Ontario Heritage Act requires a new by-law. 2. BACKGROUND 2.1 On March 13, 1995, Council approved the heritage designation of the property identified as 210 King Avenue West in Newcastle under Part IV of the Ontario Heritage Act. 2.2 Named "The Hollows" by once owner and resident of Newcastle Village, Major David Bennett, the structure at 210 King Avenue West incorporates elements from separate periods of the 19th century. The lot which accommodates the building was part of a Crown grant to Captain John McGill, who sold it in 1801 to Robert Baldwin, one of Clarke Township's earliest settlers. Heritage Designation By-Law 95-30 (Attachment 2) lists the cultural heritage significance and the architectural features of the building that supported the reasons for designation in 1995. 11:43.'JA Property Location Map(Newcastle Village) .129 !° ? 106 x115 �V I —281 210 King Ave W ,.,1 Subj,, .`I.U. f— L 210" 26 T .� J 288 262 236 , 320;•304 27U _ .� KING AVENUE WEST - _ 210 Ding Avenue West 35 33 31i_29 ..27 '125 21 19 - - -n. Peter and Anu Thome 15$1 �:: ' 141 LILLIAN CRESCENTO 3B, "'17 3834'i32 30`.28' 26- 14' 13 YQ s 56 O `zas. t - 10 3. PROVINCIAL POLICY 3.1 Provincial Policy Statement Section 2.6.1 of the Provincial Policy Statement states that significant built heritage resources shall be conserved. Significant is defined as a resource that is valued for the important contribution it makes to our understanding of the history of a place, an event, or a people. 8-33 REPORT NO.: PSD-026-14 PAGE 3 3.2 Places to Grow Section 4 of the Growth Plan for the Greater Golden Horseshoe identifies cultural heritage sites as valuable assets that must be wisely protected and managed as part of planning for future growth. 3.3 Ontario Heritage Act The Ontario Heritage Act outlines the process for designation. Section 30.1 stipulates the same process applies for an amendment to the designating by-law. A summary of the heritage designation/alteration process is Attachment 3. 4. CLARINGTON OFFICIAL PLAN 4.1 Section 8 of the Clarington Official Plan fully supports the heritage designation of individual properties under Part IV of the Ontario Heritage Act. 5. DISCUSSION 5.1 On January 20, 2014, Staff submitted Report PSD-006-14 to the General Purpose and Administration Committee regarding an application to repeal the heritage designation of 210 King Avenue West, Newcastle. PSD-006-14 outlined the position of the owners and the Clarington Heritage Committee (CHC). The report included a recommendation that Council deny the application requesting repeal of the designating heritage by-law. 5.2 Council passed the following GPA Resolution: "THAT Report PSD-006-14 be referred to Staff, with input from the Clarington Heritage Committee, for a report on removing certain features from By-law 95-30" 'long $-34 REPORT NO.: PS®-026-14 PAGE 4 5.3 Mr. Thorne, the owner of 210 King Avenue West, attended the January 21, 2014 meeting of the Clarington Heritage Committee. At this meeting, Mr. Thorne indicated a willingness to work with the Committee to determine whether a resolution could be reached without repealing the designation. Mr. Thorne offered to have some of the committee members visit the home before making any recommendations. Based on the discussion with Mr. Thorne, the CHC passed the following resolution: `At the January 21St, 2094 meeting of the Clarington Heritage Committee, Mr. Thorne attended as a delegation and based on the discussion is willing to continue discussions in anticipation of having staff report back to GPA for the Feb 24th meeting." 5.4 On February 11, 2014, a sub-committee of the CHC attended the home of Mr. and Mrs. Thorne to review the items listed in the designating by-law. Subsequently, the CHC held a Special Meeting on February 13, 2014 where they passed the following resolution: "THAT provided the owners of 210 King Street W, Newcastle agree to amend the designating By-law 95-30 the Clarington Heritage Committee will work with the owners to address which features should continue to be listed in the designation and any required heritage permits for future works." 5.5 On February 16, 2014, the Thornes submitted an e-mail (Attachment 4) withdrawing their request for repeal of the by-law with the intention of working with Staff and the Heritage Committee to formulate an amendment to the designating by-law. 5.6 At the April 15, 2014 meeting of the Clarington Heritage Committee the Committee passed the following resolution: `THAT the CHC have worked with the owners of 210 King Avenue West to recommend to Council a new designating by-law meeting the requirements of the 2005 Ontario Heritage Act as presented in Schedule A (attachment 1) and that Council also be requested to repeal By-law 95-30." 5.7 The property at 210 King Avenue West is deserving of protection under the Ontario Heritage Act, in particular for its cultural heritage value given its connection to some of the earliest settlers of the area. Upon review by the owners and the CHC, while there are some architectural features that warrant protection, a number of the interior features listed in the designating by-law have since been determined to not be original or of nominal architectural significance. The information known and available at the time of designation in 1995 is essentially being updated to reflect more accurate information. The listing of the features has been modified to what current practice would be if the home were being designated today. 5.8 The process followed and a draft of the revised Schedule A for the designating by-law have been reviewed with the Clarington Heritage Committee, the owners and the " consultant from the Ministry of Tourism, Culture and Sport. 5.9 The owners of 210 King Avenue West, Newcastle are for grants under the Newcastle Community Improvement Program for facade, building code and signage or funding 8-35 REPORT NO.: PSD-026-14 PAGE 5 from the Heritage Incentive Grant for works related to designated features. The owners of the property have been informed of these opportunities. 6. CONCURRENCE — Not Applicable 7. CONCLUSION 7.1 The CHC and owners are in support of the proposed amendment, if Council concurs the next step is publishing the Notice of Intention in the locally circulated newspaper; only one advertisement is required. 7.2 Should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention the proposed by-law designating the property will be forwarded to Council for approval. Alternatively if any objections are received, the Clerk will provide a report to Council. 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: Faye Langmaid Attachments: Attachment 1 - Proposed Bylaw (Including Schedules A & B) Attachment 2 - By-law 95-30 Attachment 3 - Heritage designation process Attachment 4 - Withdrawal request for repeal List of interested parties to be advised of Council's decision: Peter and Anu Thorne, Owners Clarington Heritage Committee c/o Faye Langmaid Newcastle Village and District Historical Society Bert Duclos, Ministry of Tourism, Culture and Sport Sean Fraser, Ontario Heritage Trust 8-36 ATTACHMENT TO REPORT PSD-026-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014-xxx being a by-law to designate the property known for municipal purposes as 210 King Avenue West, Newcastle, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 WHEREAS the Ontario Heritage Act, R.S.O., 1990,c.0,18 authorizes the Council of the Municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and WHEREAS the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 210 King Avenue West, Newcastle and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation on ; and WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule"A" attached to and forming part of this by-law; and WHEREAS the Clarington Heritage Committee has recommended that the property known for municipal purposes as 210 King Avenue West, Newcastle, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and WHEREAS no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. The property known for municipal purposes at 210 King Avenue West, Newcastle, which is more particularly described in Schedule "B"which is attached to and forms part of this by-law, is,hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.,0.18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Clarington This Week, a newspaper having general circulation in the area of the designation. 4. That by-law 95-30 be Repealed. By-law passed in open.session this_th day of Anne Greentree, Municipal Clerk Adrian Foster, Mayor 8-37 r. : SCHEDULE `A" TO BY-LAW NO. Description of Property "The Hollows", 210 King Avenue West in Part Lot 29, Concession 2,former Village of Newcastle.The Hollows is a 2-storey structure found on the north side of King Avenue West(also known as the King's Highway 2).The frame building incorporates elements from separate periods of the 19th century and is comprised of an older portion in the rear and later addition and porch on the front, closest to the road. Statement of Cultural Heritage Value or Interest The property's design and physical cultural heritage value lies in it being an excellent example representative of Upper Canada vernacular style architecture which includes the practice of building the house on an axis with a gable end forming,the front facade.The building also incorporates elements of an early trend in Edwardian Classicism including its box-like massing,full two-storeys tall, largely devoid of exterior ornament with the exception of its generous verandahs,classical columns, and chunky railing.Also of note on the interior of the house are:the staircase leading to the kitchen and the original pine flooring, early examples typical of a farmhouse kitchen;the main wooden staircase which displays a high degree of craftsmanship; and the fireplace surrounds and mantles with built in cast and copper burning units, a unique example of a construction method. The property's cultural heritage value lies in its association with prominent early settlers and residents of Newcastle Village and Clarke Township. The property which accommodates the building was part of a Crown grant to Captain John McGill, a high-ranking government official and personal friend and associate of John Graves Simcoe. McGill sold the lot in question in 1801 to Robert Baldwin, one of the first settlers of Clarke Township. Robert Baldwin was also connected to Governor Simcoe. Baldwin was appointed by Simcoe as the Lieutenant of Durham County(1804-1807). This official title and role was Governor Sinicoe's attempt to promote aristocracy,which met with disapproval by the Home Government and was soon abandoned. The oldest section of the,frame house was built around 1830, at a time when that part of the village was known as Crandell's Corners. Very few houses in Newcastle Village of this age remain. The two-story portion of the building and porch at the front were a later addition constructed by a Newcastle carpenter named Poole in the early 1900s. The house was known as"The Hollows"and owned by Major David Bennett,who ran an antique business and resided there for many years, The property's contextual cultural heritage value-lies in its importance in defining, maintaining or supporting the character of the area as a gateway.feature in the Foster Creek Valley as you enter/exit Historic Downtown Newcastle. Description of Heritage Attributes Key attributes of the structure that reflect its values as an example of Upper Canada vernacular style and Edwardian Classicism include: - The frame facade; - The two storey L-shaped verandah and verandah rails; - Material and location of the 2 over 2 sash windows and storms; The two 20 paned windows and large paned windows; Material and location of the two main wooden doors,one from the 1830s portion and one from the 1900s portion Key attributes of the structure that reflect its value in defining the character of the historic west entrance to Newcastle Village include: Its location in the valley of the Foster Creek on the former Danforth Road (now Highway 2)at the western extent of the village 8-38 SCHEDULE 'B' TO BY-LAW 2014- Oxx Legal Description LT 3 BLK Q PL Village of Newcastle Hannings PL Dated 1868 Newcastle PT LT 2 BLK Q PL Village of Newcastle Hannings PL Dated 1868 Newcastle PT LT 4 BLK Q PL Village of Newcastle Hannings PL Dated 1868 Newcastle PTS 1 & 2 1ORI 848 except PT 9 1OR3101 8-39 ATTACHMENT2 TO REPORT PSD-026-14 v THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW#95-30 being a by-law to designate the property known for municipal purposes as 210 ring Street Vilest, Part Lot 29, Concession 2, former Village of Newcastle, now in the Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 WHEREAS the Ontario Heritage Act, R.S.O. 1990,C.0.18 authorizes the council of the municipality to enact by-laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and WHEREAS the Council of The Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes as 210 King Street West, Newcastle Village, and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Newcastle Independent, a newspaper having general circulation in the area of the designation, once each week for three consecutive weeks, namely December 28, 1994,January 4 and 11, 1995; and WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule"A"attached to and forming part of this by-law; and WHEREAS the Local Architectural Conservation Advisory Committee of the Municipality of Clarington has recommended that the property known for municipal purposes as.210 King Street West, Newcastle Village be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and WHEREAS no notice of objection to the proposed designation was served upon the Clerk within the period prescribed by the Ontario Heritage Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. The property known for municipal purposes as 21.0 King Street West, Newcastle Village,which is more particularly described in Schedule"B"which is attached to and forms part of this by-law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, C.0.18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule"B"hereto. 3. The Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule"B" hereto and on the Ontario Heritage Foundation. The Clerk also is authorized to cause notice of the passing of this by-law to be published in the Newcastle Independent, a newspaper having general circulation in the area of the designation, once each week for three consecutive weeks, By-law read a first and second time this 13th day of March 1995. By-law read a third time and finally passed this 13th day'of March 1995. MAYOR 4<26 _ ERK 8-40 SCHEDULE "A" TO BY-LAW#95-3@ Named"the Hollows"by once owner and resident of Newcastle Village, Major David Bennett, this structure incorporates elements from separate periods of the.19th "century. The lot which accommodates the building, was part of a Crown grant to Captain John McGill, who sold it in 1801 to Robert Baldwin, one of Clarke Township's earliest settlers. The oldest section of the frame house dates from the 1830s and it is located behind a two storey Edwardian addition, which was constructed by a Newcastle master carpenter names Pool in the early,1900s. Significant to the Village of Newcastle, the following architectural features are recommended for designation under Part IV of the Ontario Heritage Act: Exterior-the frame facade -the two storey L-shaped verandah -the original,2 over 2 sash windows and storms -the two 20 paned windows and large paned windows with storms -the two main wooden doors, one in the 1830s portion and.one from the 1900s portion " Interior-the staircase with hand-crafted bannister leading to the kitchen the main staircase of wide-grained Virginia chestnut the original pine and oak floors through-out the original wood trims, mouldings and doors the two wood and glass-paned pocket doors the fireplace surrounds and mantles with built in caste and copper burning units 8-41 ATTACHMENT 3 TO REPORT PS®-026-14 (Section 32 of the Ontario Heritage Act) Repeal requested by property,owner Bylaw,not repealed Notice of Decision to Refuse: Council consults Wth MHC I 1.Served on property owner Property owner objection 2.Served on OHT vnthin 30 days? Council Decision Objection referred to within 90 days: CRB for hearing \--,Proceed with repeal? Notice of Hearing published In newspaper Notice of Intention to Repeal: 1.Served on property owner 2.Served on OHT Council considers CRB Report I CRB hearing and report 3.Published in newspaper Objections within 30 days? Objection referred to Notice of Hearing CRB for hearing published In newspaper J CRB hearing and report Council Decision: ` Repeal bylaw? Council considers CRB Report Repeal bylaw passed& I Notice of Withdrawal of Intention registered on title to Repeal: 1•Served on property owner 2.Served on OHT 3.Published in newspaper Notice of Repeal: f 1•Served on property owner 2.Served on DHT 3.Published in newspaper Bylaw not repealed J ------------ Property removed from municipal and provincial registers Property removed from Canadian Register =Council decision final where CRB hearing has taken place Desigimtir7g Heritage Properties 4 Appendix:Flowcharts 8-4.2 ATTACHMENT 4 TO REPORT PSD-026®14 February 16, 2014 To the Attention of the General Purpose and Administration Committee, Municipality of Clarington At the January 20, 2014 session of-Council, we,the undersigned, were present as a delegation to support our request to repeal the heritage designation on our 210 King Ave. West, Newcastle home. Council's action was to send our request back to staff to determine if some common agreement might be attained by the Heritage Committee with the residents of 210 King Ave. W. We subsequently met with staff and the Heritage Committee, and the outcome was a mutual determination to allow sufficient time to assess what elements might be removed from "said" designation. I have been advised by staff that our request to repeal the by-law affecting our designation must first be withdrawn to support our current direction. Therefore: I respectfully withdraw our request for a repeal of the by-law that designates our 210 King Ave. W., Newcastle home. It is our intention to work with staff and the Heritage Committee to formulate an amendment to the "said",by-law at a future date. Sincerely yours: Peter and Anu Thorne 8-43 Clariiwwn ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: EGD-014-14 File#: Subject: GREEN ROAD BRIDGE COST REALLOCATION, BOWMANVILLE CONTRACT NO. CL2013-26 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-014-14 be received; 2. THAT capital project costs be reallocated in the amount of$480,000 (net of HST) to reflect an increase in PO#08194 issued to Toronto Zenith Contracting Ltd. and a decrease in PO#07898 issued to Canadian Pacific Railway to reflect the change in the scope of rail work that Toronto Zenith Contracting Ltd. will now be undertaking instead of Canadian Pacific Railway; and 3. That the purchasing by-law be waived and staff be given the authority to process the necessary documents to effect the change in the project. Submitted by: 4"01'�� ---�' eviewed by: A.S. Cannella, C.E.T. FranVlin Wu, Director of Engineering -PK Chief Administrative Officer Services ASC/RA/jb April 30, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-1 REPORT NO.: EGD-014-14 PAGE 2 1. PURPOSE 1.1. The purpose of this report is to recommend the reallocation of already approved and committed funds from Canadian Pacific Railway (CP) to Toronto Zenith Contracting Limited for work that CP can no longer undertake as part of the Green Road and CPR Bridge Construction, Contract No. CL2013-26, as approved through report COD-026-13. 2. BACKGROUND 2.1. As part of the project design that was completed in 2013 CP had stated that they would be undertaking the rail related work necessary to complete the project and provided a cost estimate for them to complete the work. As such the Municipality issued CP a Purchase Order to complete the work in the amount of$797,593.00. 2.2. The cost provided by CP included the supply and labour as required to complete the work which included the following: • Installation of track on the temporary rail diversion • Cut over or change train traffic from existing line to temporary line • Remove existing mainline track within the project limits • Installation of new mainline track within the project limits • Cut over or change train traffic from existing line to temporary line • Remove existing track on temporary rail diversion 2.3. At our construction progress meeting in March CP stated that they would no longer be able to complete track works due to a very high work load demand for their staff and that the work would have to be completed by a contractor. At this meeting it was decided that in the interest of time the best approach to ensuring this work was completed on time, on schedule and on budget was to have Toronto Zenith secure a CP approved rail subcontractor to complete the work as part of their contract. 2.4. Toronto Zenith was able to secure an acceptable railway subcontractor to complete the work, which has been approved by CP. The cost to complete the work by Toronto Zenith and their subcontractor is $480,000.00 (excluding HST). 2.5. The cost provided by Toronto Zenith excludes track material that is to be supplied by CP but includes the following: • Installation of track on the temporary rail diversion • Remove existing mainline track within the project limits • Installation of new mainline track within the project limits • Remove existing track on temporary rail diversion 9-2 REPORT NO.: EGD-014-14 PAGE 3 2.6. CP will still be required to complete the cut over work to and from the temporary rail diversion and have already supplied the materials for the track work to be undertaken by Toronto Zenith. The balance of CP's PO will be $317,593.00. 3. DISCUSSION 3.1. Although the announcement by CP that they were no longer able to undertake the work they were scheduled to do was unfortunate, having Toronto Zenith complete the work does provide them better control over the schedule as they will be dictating the timing for the completion of the track works as opposed to having to deal with a 3`d party, CP, who they are not in control of. 4. CONCURRENCE This report has been reviewed by Nancy Taylor, Director of Finance/Treasurer, who concurs with the recommendations. 5. CONCLUSION 5.1. That capital project costs be reallocated in the amount of$480,000 (net of HST) to reflect an increase in PO#08194 issued to Toronto Zenith Contracting Ltd. and a decrease in PO#07898 issued to Canadian Pacific Railway to reflect the change in the scope of rail work that Toronto Zenith Contracting Ltd. will now be undertaking instead of Canadian Pacific Railway. CONFORMITY WITH STRATEGIC PLAN — not applicable Staff Contact: Ron Albright, Manager, Infrastructure and Capital Works Attachments: None List of interested parties to be advised of Council's decision: Not Applicable 9-3 Clarbgtoa REPORT ENGINEERING DEPA °TM T Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: EGD-015-14 File#: Subject: PROPOSED AMENDMENTS TO TRAFFIC BY-LAW 91-58 AND REPLACEMENT WITH A NEW CONSOLIDATED TRAFFIC AND PARKING BY- LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-015-14 be received; 2. THAT the Traffic By-law 91-58 and all its attached schedules and amendments to it be repealed and replaced by the attached new Traffic and Parking By-law and schedules as detailed in this report; and 2. THAT the Mayor and Municipal Clerk be authorized to execute the proposed By- law attached to this report. Submitted by: Reviewed by: A. S. Cannella nklin Wu, Director of EngineeringAd(Chief Administrative Officer Services ASC/LJB/dv April 25, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-4 REPORT NO.: EGD-015-13 PAGE 2 1.0 BACKGROUND 1.1 Traffic By-law 91-58 has existed for over 20 years and has received almost 200 amendments to its main section and attached schedules. The purpose of the Traffic and Parking By-laws is "to regulate traffic and parking on highways, private property and municipal property." Specifically, the by-law empowers Municipal Law Enforcement Officers and police services to enforce traffic and parking regulations such as No Stopping, No Parking, speed limits, school bus loading zones, parking meter zones, accessible parking spaces, reduced load periods and many other traffic and parking regulations. This report has been prepared to consolidate the amendments, address minor housekeeping issues and amend some schedules. Staff recommend that By-law 91-58 be repealed and replaced with a new comprehensive by-law (Attachment#1), to improve clarity and enforcement. 2.0 UPDATES TO THE BY-LAW 2.1 Main Body of Traffic By-law The main body of the By-law as a whole has been updated to redefine, reorganize and renumber various sections to improve clarity. Some new sections have been added; namely: • Commercial Vehicles • Retail Sales • Community Safety Zones • Municipal Safety Zones • Accessible Parking (updated) • Bicycles 2.2 List of Schedules The "List of Schedules" to the new Traffic and Parking By-law is renamed, reorganized and renumbered. All schedules have been consolidated to include almost 200 previous amendments. 3.0 CHANGES/ADDITIONS TO THE SCHEDULES 3.1 In addition to incorporating previously approved by-law amendments into the new consolidated by-law, staff have added and deleted certain lines in Schedules. For example: • Additions have been made to No Stopping Zones and No Parking Zones including no parking in rear lanes. • The Through Highway schedule has been updated to reflect the addition of new roads and new stop conditions. • The maximum Rate of Speed on Highways schedule now includes the 40 kph zone on West Beach Road and other updates. 9-5 REPORT NO.: EGD-015-13 PAGE 3 • Ontario Street Public School is now closed and St Joseph's Secondary School has changed their school bus loading location. These changes are reflected in the School Bus Loading Zone schedule. • Additions have been made to the On-Street and Off-Street Parking for Persons with a Disability schedules. • Traffic and parking regulations relating to roundabouts have been added. • A new schedule has been added to establish Community Safety Zones. • A new schedule has been added to establish Designated Bicycle Lanes. • A new schedule has been added to establish Municipal Safety Zones where violations to No Stopping or No Parking can result in a double fine. 4.0 CONCURRENCE This report has been reviewed by the Municipal Solicitor, the Municipal Clerk and the Manager of Municipal Law Enforcement who concur with the recommendations. 5.0 CONCLUSION It is staff's opinion that this consolidated By-law and amendments to it are appropriate and will be easier to enforce, and staff respectfully recommend that the amended by-law be approved. At the time of execution of the By-law, all schedules will be attached. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Leslie J. Benson, Manager Development Engineering and Traffic Attachments: Attachment 1 - Proposed consolidated Traffic and Parking By-law including new schedules: 9-6 Attachment#1 EGD-015-14 DRAFT THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2014- A By-law to regulate traffic and parking on highways, private property and municipal property Whereas pursuant to the Municipal Act, 2001, S.O.2001, c.25 and the Highway Traffic Act, R.S.O. 1990, c. H.8 municipalities may pass by-laws to regulate traffic and parking on.highways, private property and municipal property. Now therefore the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: Interpretation 1. In this by-law, "authorized sign"means a sign or other device placed or erected on a highway or elsewhere pursuant to this by-law and includes official signs; "boulevard"means all parts of a highway except any roadway,shoulder or sidewalk; "Director"means the Municipality's Director of Engineering Services or a designate; "driveway"means improved land on a highway which provides vehicular access from a roadway to a laneway or a parking area on adjacent land; "emergency vehicle"has the same meaning as in section 144 of the HTA; "high density residential"means a site which contains six or more residential units; "highway"has the same meaning.as in subsection 1(1)of the HTA and includes unopened and unassumed road allowances; "HTA"means the Highway Traffic Act, R.S.O. 1990, c. H.8; "holiday"has the same meaning as in section 87 of the Legislation Act, 2006, S.O. 2006, c. 21, Sch. F; "laneway"means improved land adjacent to a highway which provides access from the highway to adjacent property and includes routes constructed for the purposes of providing site access for emergency vehicles, maintenance vehicles, pedestrians and/or stormwater management; "Municipality"means The Corporation of the Municipality of Clarington or the geographic area of Clarington as the context requires; "Municipal property"means property of the Municipality or any board of the Municipality; "Officer"means a police officer as defined in subsection 2(1)of the Police Services Act, R.S.O. 1990, c. PA 5 or a municipal law enforcement officer or 'parking enforcement officer appointed by the Municipality pursuant to subsection 15(1) of the Police Services Act to enforce the provisions of this by-law; 9-7 Traffic and Parking By-law No.2014-XXX Page 2 "parking space"means that part of the surface of a roadway, municipal property or private property designated by painted lines for the purpose of parking a vehicle; "pedestrian"means a person on foot, in a wheeled chair or baby carriage; "shoulder"means that part of a highway immediately adjacent to the travelled portion of the roadway and having a surface that has been improved with asphalt, concrete or gravel for the use of vehicles; and "sidewalk"means that part of a highway set aside for the use of pedestrians or used*by the general public for the passage of pedestrians. 2. In this by-law, unless otherwise specified, (a) "bicycle","bus","crosswalk", "intersection", "official sign","park"or "parking","roadway", "stop"or"stopping", "through highway"and"vehicle" have the same meanings as in subsection 1(1) of the HTA; (b) where any expression of time occurs or where any hour or other period of time is stated,the time referred to shall be standard time except in periods when daylight saving time is in effect, in which periods it shall be daylight saving time; (c) a grammatical variation of a word or expression defined has a corresponding meaning; (d) each entry in a column of a Schedule shall be read in conjunction with the entry or entries across from it; (e) references to sections, subsections, clauses and Schedules are references to sections, subsections, clauses and Schedules in this by-law; and (f) reference to any Act, Regulation or By-law is reference to that Act, Regulation or By-law as it is amended or re-enacted from time to time. 3. This by-law shall be read with all changes in gender or number as the context requires. 4. If a court of competent jurisdiction declares any section, or any part of any section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the Municipality that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. 5. The following Schedules are attached to and form part of this by-law: Schedule 1 -No Stopping Schedule 2—No Parking Schedule 3—Parking for Restricted Periods Schedule 4—Reserved On-street Parking Schedule 5—Parking Meter Zones on Highways Schedule 6—Parking Meter Zones on Municipal Property Schedule 7—Loading Zones Schedule 8—One Way Highways Schedule 9—.Through Highways Schedule 10—Stop Signs Schedule 11 —Yield Right-of-way Signs Schedule 12—Maximum Rate of Speed on Highway Schedule 13--Maximum Rate of Speed Passing Over a Bridge Schedule 14—Highways Exempt from Weight Restrictions Schedule 15—School Bus Loading Zones Schedule 16—Accessible On-street Parking Schedule 17—Turning Movements Prohibited 9-8 Traffic and Parking By-law No.2014-XXX Page 3 Schedule 18—Designated Bicycle Lanes Schedule 19—Designated Turn Lanes Schedule 20—Municipal Safety Zones Schedule 21 —Community Safety Zones 6. The distances identified on the Schedules shall be determined by measuring from the extension of the nearest curb line or, if there is no curb,from the nearest edge of the pavement. . General 7. - The Director is authorized to place,erect and maintain such signs as are required to give effect to the provisions of this by-law. 8. The Chief of Police of the Durham Regional Police Service or a designate and the Director'are authorized to erect or place temporary"No Parking"signs and "No Stopping"signs on any highway. 9. No person shall place, maintain or display on any highway, any sign, marking or device,which purports to be or is an imitation of or resembles an authorized sign or an official sign. General Stoppiffg and Parking Regulations 10. No person shall park or stop any vehicle on any highway except, (a) where there is a curb,on the right side of the roadway, having regard to the direction such vehicle was proceeding,with right front and right rear wheels parallel to and not more than 15 centimetres out from such curb; or (b) where there.is no curb,with the right front and right rear wheels parallel to and as near to the right hand limit of the highway as is practicable without parking or stopping on or over a sidewalk,footpath or boulevard. 11. No person shall park or stop any vehicle, (a) except wholly within a parking space; (b) so as to occupy more than one parking space; or (c) in such a manner as will prevent other persons from utilizing adjacent parking spaces or obstruct the flow of traffic. .12. (1) In this section, "bus stop"means that part of the highway designated by a sign where buses will stop to take on'or let off passengers and includes 30 metres in advance and 18 metres beyond the sign. (2) No person shall stop any vehicle on any highway, (a) 'on or over a sidewalk or footpath; (b) within an intersection, roundabout or crosswalk; (c) within 15 metres of a crosswalk; (d) in such a manner as to interfere with highway cleaning operations; (e) on the roadway alongside of any stopped or parked vehicle;- (f) ehicle;(f) upon any bridge or elevated structure or within any tunnel-or underpass; (g) on any median strip separating two roadways or adjacent to either side or ends of such median strip; . 9-9 Traffic and Parking By-law No.2014-XXX Page,4 (h) in a bus stop,except to temporarily stop for the purpose of and while actively engaged in loading or unloading passengers when such stopping does not interfere with any bus; (i) alongside or across a highway from any excavation or obstruction in the roadway where the free flow of traffic would thereby be impeded; Q) in such a manner as to interfere with the movement of traffic; (k) within 1 metre of a driveway or laneway or so as to obstruct vehicles in the use of the driveway or laneway; (1) within 30 metres in advance of and 15 metres beyond any traffic signal or school crossing measured in the direction of travel of the vehicle where authorized signs to that effect are erected; (m) within 6 metres of a commercial, industrial, institutional or high density residential entrance; or (n) within 15 metres of an intersecting roadway or,where authorized signs to that effect are erected,within a distance of up to 30 metres of an intersection. 13. (1) No person shall park any vehicle on a highway, (a) within 1 metre of a driveway or laneway or so as to obstruct vehicles in the use of the driveway or laneway; (b) within 3 metres of a point on the curb or edge of the roadway adjacent to any fire hydrant; (c) within 15 metres of an intersection or,where authorized signs to that affect are erected,within a distance of up to 30 metres of an intersection; (d) on or over any boulevard; (e) for the purpose of displaying a vehicle for sale; (f) for the purpose of washing,greasing or repairing a vehicle except for such repairs as have been necessitated by an emergency; (g) within the approach lanes and circle'of a roundabout; (h) within 30 metres in advance of and 15 metres beyond the nearest rail of any level crossing of a railway, measured in the direction of travel of the vehicle; (i) between the hours of 3:00 a.m. and 5:00 a.m.; (j) for a period longer than 3 hours; (k) in the centre of a cul-de-sac; (1) within 15 metres of the end of the roadway on a dead end highway; (m) within 6 metres of a commercial, industrial, institution or high density residential entrance; (n) within 3 metres of a community mailbox; or (o) when snow is being ploughed or removed from any part of a highway. (2) Notwithstanding clause 13(1)(d);parking on the paved portion of the driveway apron' is permitted provided that the vehicle does not encroach on the sidewalk, or the travelled portion of the roadway. 9-10 Traffic and Parking By-law No.2014-XXX Page 5 14. Where appropriate signs are displayed, no person shall park any vehicle on, (a) private property without the consent of the owner or occupant of such property; or (b) any roadway or laneway on private property marked as a fire route by a sign displaying the information"No.Parking"or a symbol in lieu thereof and the words"Fire Route". 15. No person shall park or stop any vehicle on Municipal property, (a) where, by means of one or more signs, it is indicated that parking or stopping is not permitted; or (b) in contravention of posted terms and conditions. 16. No person shall park any vehicle, (a) within 30 metres of a Regional road on an intersecting highway under the jurisdiction of the Municipality; or (b) on any highway within 8 metres of any fire hall on the side of the highway on which the fire hall is located or within 30 metres of such fire hall on the opposite side of the highway. 17. Nothing in sections 10 through 16 shall.be deemed to permit the stopping'or parking of a vehicle where stopping or parking is prohibited. Commercial Vehicles 18. (1) In this section, "commercial vehicle"means any vehicle designed or operated for construction activity,the transportation of properly, or a bus,excluding public transit vehicles,which vehicle or bus exceeds 2.6 metres in width or 7 metres in length. '(2) No person shall park any commercial vehicle on any highway, except in an industrial area, unless the commercial vehicle is actually engaged in the loading-and uploading,delivery and receipt of goods,wares, merchandise or passengers to adjacent premises. Permit Parking 19. (1) In this section, "parking permit"means a permit issued by the Municipal Clerk for the purpose of providing exemptions from certain parking prohibitions. (2) No person shall use a parking permit in a manner or for a purpose not provided for in this section. (3) A parking permit shall be displayed by affixing it to the rearview mirror or on the lower right corner of the windshield on the passenger's side of a motor vehicle parked on the street named on the parking permit. (4) A parking permit shall be valid unless it has been cancelled by the Municipal Clerk. Retail Sales 20. • (1) No person shall sell or offer for sale by retail any goods,wares, merchandise, produce,food or other edible substance or beverage within the limits of any highway. (2) Any Officer who has reason to believe that any object or thing referred to in subsection(1) is placed or left on any highway in contravention of this by-law may cause the object or thing to be removed and taken to and stored in a suitable place and all costs and charges for such removal and storage shall be a lien upon it which may be 9-11 Traffic and Parking By-law No.2014-XXX Page 6 enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c. R.25. (3) Any object or thing removed and stored in accordance with subsection(2)and not claimed by the owner within 60 days shall become the property of the Municipality and may be sold and the proceeds shall form part of the general funds of the Municipality. (4) Notwithstanding subsections(2) and (3),anything that is perishable shall become the property of the Municipality immediately upon being removed and may be destroyed or given to any charitable institution. (5) This section shall not apply to any retail activity in respect of which the Municipality has issued a licence. Stopping Prohibitions on Specific Highways 21. No person shall stop a vehicle where signs are displayed on any highway on that side and between those limits set out in Columns 1,.2 and 3 of Schedule 1 during the prohibited times or days set out in Column 4 of Schedule 1. Parking Prohibitions on Specific Highways 22. No person shall park a vehicle where signs are displayed on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 2 during the prohibited times or days set out in Column 4 of Schedule 2. Parking for Restricted Periods 23. No person shall park a vehicle on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 3 for periods of time exceeding those set out in Column 4 of Schedule 3. Reserved On-Street Parking 24. (1) In this section, "veteran"means military veteran who has served or is serving in the Canadian Forces. (2) No person shall park a vehicle on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 4 other than the current mayor of the Municipality and veterans. Parking Meter Zones 25. The erection, maintenance and operation of a parking meter and the designation of a parking space in connection with such parking meter is hereby authorized, (a) on the highway, at the sides and between the limits set out in Columns 1, ' 2 and 3 of Schedule 5 for the purpose of controlling and regulating parking during the days and hours set out in Column 4 of Schedule 5;and (b) at the municipal address set out in column 1 of Schedule 6 for the purpose of controlling and regulating parking during the days and hours set out in Column 2 of Schedule 6. 26. Where a fee is stipulated for a given parking period in a parking space,the fee shall be paid for that period or any portion thereof, and the period shall be as measured by the parking meter controlling such parking space. 27. No person shall deposit or cause to be deposited in any parking meter any slug, device or other substitute for a coin of Canada.' 28. Where parking meters have been erected on a highway, no person shall park any vehicle in a parking space unless the parking meter controlling such parking space 9-12 Traffic and Parking By-law No.2014-XXX Page 7' is used and a fee is deposited in accordance with the rate set out in Column 5 of Schedule 5 or for a longer period than that set out in Column 6 of Schedule 5. 29. Where parking meters have been erected on Municipal property, no person shall park any vehicle in a parking space on such Municipal property unless the parking meter controlling such parking space is used and a fee is deposited in accordance with the rate set out in Column 3 of Schedule 6 or for a longer period than that set out in Column 4 of Schedule 6. 30. Where parking meters have been erected, rib person shall park any vehicle in a parking space for a period longer than 3 hours during the times or days such parking space is not controlled by a parking meter. 31. • (1) Where parallel parking is permitted in connection with a metered parking space, no person shall park a vehicle in such parking space unless the front of the vehicle is opposite to the parking meter except that, in any case when two meters are mounted on the same standard, the rear of the forward vehicle shall be opposite to, or a close as is practicable to, the forward parking meter and the front of the rear vehicle shall be opposite to, or as close as is practicable to,the rear meter. (2) Notwithstanding subsection (1), if a single parking meter has been erected at the rear of a parking space,with respect to the direction of travel, no person shall park in such parking space unless the rear of such vehicle is opposite to the parking meter provided for such space. 32. Where angled parking is permitted in connection with a metered parking space, no person shall park a vehicle in a parking space unless the front of such vehicle is a close as is practicable to the parking meter for such space. 33. If a metered parking space has been designated by lines painted on the roadway, no person shall park any vehicle in such a manner that it is not wholly within the area designated as a parking space unless such vehicle is of such length or width as to render it impossible to park it in one parking space, in which case the adjoining parking space shall also be used and the necessary deposit of coins shall be made in the parking meters provided for both parking spaces. . 34. (1) No person shall park a vehicle or permit a vehicle to remain parked in a metered parking.space where the parking meter has been covered with a parking meter cover to indicate that it is not to be used. (2) Notwithstanding subsection (1),a person authorized by the Director may park a vehicle in a parking meter space where the parking meter has been covered with a parking meter cover or removed to indicate reserved parking and stating "No Parking". (3). Notwithstanding subsection(1), Council, by resolution, may designate an area or areas for a certain period to be exempt from the payment of parking fees and any areas so designated shall be denoted by a parking meter cover placed over the meter. Loading Zones 35. No person shall park a vehicle on any highway on that side and between those limits set out in Columns 1,2 and 3 of Schedule 7 unless the vehicle is actually engaged in the loading and uploading, delivery and receipt of goods,wares, merchandise or passengers to adjacent premises. One-Way Highways 36. No person shall travel on any highway between those limits and during the times of day set out in Columns 1,2 and 3 of Schedule 8 in the direction opposite to that set out in Column 4 of Schedule 8. 9-13 Traffic and Parking By-law No.2014-XXX Page 8 Through Highways 37. (1) The highways set out in Schedule 9 are designated as through highways for the purposes of the HTA. (2) Any designation under subsection (1)shall not include any intersection where the highway intersected is a King's highway or where traffic control signals are'installed. Stop Signs 38. The erection of stop signs is authorized at each of the intersections set out in Column 1 on the highway approaches as identified in Column 2 of Schedule 10. Yield Signs 39. The erection of yield right-of-way signs is authorized at each of the intersections set out in Column 1 on the highway approaches as identified in Column 2 of Schedule 11. Rate of Speed 40. No person shall drive a vehicle at a rate of speed greater than 50 km/h unless otherwise posted. 41. Where any highway or portion of highway set out in Schedule 12 is signed in compliance with the regulations under the HTA,the maximum rate of speed thereon shall be the rate of speed prescribed in Schedule 12. Maximum Rate of Speed Passing Over a Bridge 42. No person shall pass over a bridge identified in Column 1 at a rate of speed greater than that set out in Column 2 of Schedule 13. Reduced Load Highways. 43. For the purposes of subsections 122(1), (2)and (3)of the HTA,the reduced load period shall commence on March Vt of each year and end on April 30th of each year. 44. The highways or portions thereof set out in Schedule 14 are exempt from the reduced load restriction. . School Bus Loading Zones 45. No person shall stop a vehicle, other than a school bus actually engaged in the receiving or discharging of school children, in any school bus loading zone on any highway on that side and between those limits set out in Columns 1,2 and 3 during the prohibited times and days set out in Column 4 of Schedule 15. Accessible Parking 46. (1) . In this section, "accessible parking permit"means an accessible parking permit issued under the HTA-or a similar permit, number plate or other marker or device bearing the international symbol of access for a person with a disability and issued by another jurisdiction; "designated parking space"means a parking space identified by an official sign for the exclusive use of a vehicle displaying an accessible parking permit; "dwelling unit"shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; 9-14 Traffic and Parking By-law No. 2014-XXX Page 9 "parking lot"means any parking lot or other parking facility, to which the public has access,whether on payment of a fee or otherwise, for the purpose of parking vehicles; and "person with a disability"has the same meaning as in section 1 of Reg. 581, R.R.O. 1990. (2) An accessible parking permit issued to an individual is not valid when displayed on a vehicle and the vehicle is not being used to pick up or transport the holder of the accessible parking permit. (3) An accessible parking permit issued to a corporation or organization is not valid when displayed on a vehicle and the vehicle is not being used to pick up or transport a person with a disability. (4) An accessible parking permit shall be displayed on the sun visor or on the dashboard of a vehicle so that the international symbol of access for a person with a disability,the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle. (5) Every owner and operator of a parking lot shall provide a minimum number of designated parking spaces therein in accordance with clause 3.16(b)(ii)of Zoning By- law 84-63. (6) For the purpose of calculating the required minimum number of designated parking spaces for multi-unit residential developments consisting of 10 or more dwelling units, the requirements of subsection (5) shall be applied only to the visitor parking provided for the development. (7) Each designated parking space shall be, (a) hard surfaced and be painted with a non-slip paint in bright blue for the entire surface, with the universal symbol of access overlaid in white or yellow paint; (b). level; (c) of the dimensions consistent with clause 3.16(b)(i)of Zoning By-law 84-63; (d) located so sidewalks, paths or walkways will be accessible to persons with a disability whether via ramps, aisles, depressed curbs, or other appropriate means without requiring a person to pass behind parked cars or cross a traffic lane; i (e) located with sufficient clearance around the vehicle in terms of other vehicles or obstacles such as light standards and waste receptacles to permit free access by a wheelchair; (f) identified by the official sign mounted with the base of the sign no less than 1.7 metres and no more than 2.0 metres above grade; and (g) located in a place approved by the Municipality. (8) Where the Municipality permits a gravel surfaced parking space, each designated parking space shall, (a) be identified with a pre-cast bumper curb across its entire width painted a bright blue and securely anchored in place; and (b) meet the requirements of clauses(b) through (g) inclusive of subsection (7) 9-15 Traffic and Parking By-law No.2014-XXX Page 10 (9) No person shall park such a vehicle in a designated parking space unless, (a) the vehicle is displaying a valid accessible parking permit; and (b) the vehicle is being operated by or is conveying the person with a disability to whom the accessible person parking permit has been issued. (10) Designated parking spaces on Municipal streets and highways are described in Schedule 10. (11) Designated off-street parking spaces located on Municipally-owned or privately owned property are enforceable when accessible parking signs are displayed in accordance with provincial regulations. Turning Movements Prohibited 47. No vehicle in any intersection or portion of highway set out in Column 1 of Schedule 17 proceeding in the direction or emerging from a property set out in Column 2 of Schedule 17 shall be turned in the direction set out in Column 3 of Schedule 17, during the times or days set out in Column 4 of Schedule 17. Bicycles .48. (1)' No person shall ride a bicycle with one wheel greater than 50 centimetres in diameter or other vehicle however powered along or upon any sidewalk, or parts of sidewalks,or ride such bicycle or other vehicle upon a pathway or foot path used or set apart for the use of pedestrians and forming part of any highway or bridge, boulevard, park, park lot, garden or other place set apart for ornament or embellishment or for public recreation,within the limits of the Municipality. (2) Subsection(1)shall not apply to persons with disabilities or other persons requiring the use of such vehicles as may be necessary for their means of mobility. 49. Those parts of highways set out in Column 1 of Schedule 18, having been divided into clearly marked lanes for traffic between the limits.set out in Column 2 and Column 3 of Schedule 18,designated for travel only in the direction set out in Column 4 of Schedule 18,are reserved for the use of bicycles only. 50. Where a lane of a highway has been reserved for the use of bicycles only, no person shall, (a) drive a vehicle other than a bicycle in such lane; or (b) stop or park a vehicle in such lane other than an emergency vehicle or public utility emergency vehicle, or a vehicle actually engaged in works undertaken for or on behalf of any municipal corporation, including public transit vehicles and waste collection vehicles. 51. Persons operating bicycles upon a roadway shall ride in single file. 52. A person operating a bicycle upon a roadway shall ride as near to the right hand side of the roadway as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction. 53. No person riding a bicycle to carry anything thereon shall do so in such a manner as to prevent, or interfere with,full control of such bicycle while upon any highway. 54. No person shall leave a bicycle lying on any public sidewalk, or park, or leave such bicycle against any window, or in front of or across any door, stairs,oi�entranceway to any building so as to obstruct or interfere with ingress to or egress from such building. 9-16 Traffic and Parking By-law-No.2014-XXX Page 11 Designated Turn Lanes 55. The highways set out in Column 1 of Schedule 19, between the limits set out in Column 2 of Schedule 19, in the lanes set out in Column 3 of Schedule 19,during the times set out in Column 4 of Schedule 19, and in the directions set out in Column 5 of Schedule 19 are designated turn lanes. Community Safety Zones 56. The highways or portions thereof set out in Column 1 of Schedule 20 between the limits set out in Column 2 of Schedule 20 and during the times set out in Column 3 of Schedule 20 are designated as community safety zones. Municipal Safety Zones 57. (1) In this section,"municipal safety zone"means that part of the highway and the fire route connected to that part of the highway where parking and stopping ' restrictions are in force and where all applicable fines for parking and stopping are doubled. (2) The highways set out in Column 1 of Schedule 21, between the limits set out in Column 2 of Schedule 21, on the side set out in Column 3 of Schedule 21 and during the times or days set out in Column 4 of Schedule 21 are designated as municipal safety zones. Enforcement 58. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine for each offence as provided for in the Provincial Offences Act, R.S.O. 1990,c. P.33. For purposes of this section, a separate violation shall be deemed to have been committed for each and every day during which any such contravention continues, and conviction in respect of a contravention shall not operate as a bar to further prosecution if such contravention continues. 59. Part 11 of the Provincial Offences Act applies in respect of all parking infractions under this by-law. 60. Any Officer, upon discovery of any vehicle parked or stopped in contravention of this by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle,which may be enforced in the manner provided by the Repair and Storage Liens Act. 61. Where a vehicle has been parked or stopped in contravention of this by-law,the owner of the vehicle,'notwithstanding that the owner was not the driver of the vehicle at the time of the contravention, is guilty of an offence unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent. 62. For the purposes of this by-law,where a number plate issued pursuant to the HTA is exposed on a vehicle,the holder of the permit corresponding to such plate shall be deemed to be the owner of that vehicle and, if such vehicle is found in contravention of this by-law, the owner shall be guilty of an offence unless the number plate was used without the owner's consent. 63. The provisions of this by-law may be enforced by any Officer. Application 64. This by-law applies to all highways under the jurisdiction of the Municipality and, where applicable,to Municipal property and private property. 9-17 Traffic and Parking By-law No.2014-XXX Page 12 65. This by-law shall not, if compliance therewith would be impracticable, apply to; (a) emergency vehicles or public utility vehicles; (b) vehicles actually engaged in works undertaken for or on behalf of any municipal corporation; or (c) vehicles actually forming part of a funeral procession for as long as may reasonably be required for the purpose of such funeral. 66.. This by-law shall come into force and take effect on the date that the'Chief Judge of the.Ontario Court(Provincial Division) approves set fines for offences under this by- law. 67. Sections 14, 15, 21, 22, 23,24, 35, 36, 38, 39,45,46,47, 56 and 57 shall not be effective unless authorized signs that clearly indicate the regulation or prohibition have been erected. BY-LAW passed this day of May,2014 Adrian Foster, Mayor C.Anne Greentree, Deputy Municipal Clerk 9-18 (1arftwn REPORT EMERGENCY AND FIRE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: ESD-005-14 File#: Subject: FIRST QUARTER ACTIVITY REPORT— 2014 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-005-14 be received for information. Submitted by. Reviewed by: Gord Weir, Franklin Wu, Director of Emergency Chief Administrative Officer Services GW/mb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 11-1 REPORT NO.: ESD-005-14 PAGE 2 1. BACKGROUND Report ESD-005-14 covers the period of January 1 to March 31, 2014 and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department Suppression Division. 2. COMMENTS The Department responded to 937 calls during this report period. Included in this number were 20 fires with a low risk or greater. Fire damages totaled more than $2,216,500. Attachment # 1 provides a summary of: • fulltime suppression staffing summary— report period • call volume by station — report period • call volume — quarterly over 3 years • response type summary— report period • fire response details — report period 3. CONCURRENCE — Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Mark Berney, Deputy Fire Chief Attachments: Attachment#1 — Emergency Services Suppression Division Activity Report List of Interested Parties: None 11-2 Attachment# 1 to Report ESD-005-14 EMERGENCY SERVICES SUPPRESSION DIVISION ACTIVITY REPORT REPORT PERIOD: January 1,2014 00:00:00hrs- March 31, 2014 23:59:59hrs FULLTIME SUPRESSION STAFFING SUMMARY- REPORT PERIOD THE PERCENTAGE OF TIME PUMPER TRUCKS WERE STAFFED WITH 100% 4 OR MORE FULLTIME FIREFIGHTERS CALL VOLUME BY STATION - REPORT PERIOD Station 1 494 Bowmanville Station 2 105 Newcastle Station 3 6 Orono Station 4 236 Courtice Station 5 42 Enniskillen 0 100 200 300 400 500 600 CALL VOLUME -QUARTERLY OVER 3 YEARS 1000 937 900 820 800 786 700 600 500 Quarter 1 Quarter 2 Quarter 3 Quarter 4 122013 ■2012 02011 11-3 Attachment# 1 to Report ESD-005-14 RESPONSE TYPE SUMMARY- REPORT PERIOD PUBLIC HAZARD PRE-FIRE CALLS4% CONDITION --- -- -- - CALLS 2/0 ', RESCUECALLS FIRES 16% 2/o OUTDOOR, NO LOSS FIRES OTHER CALLS CO FALSE 0% 7% CALL 6% BURNING (controlled) MEDICAL CALLS 0% 54% FIRE RESPONSE DETAILS -REPORT PERIOD DATE Fire Risk Firefighters On-scene Stand-by Call-Back on 1st Truck Firefighters Firefighters Initiated 04/01/2014 Moderate 5 20 21 No 21/01/2014 Moderate 4 15 15 No 29/01/2014 High 4 12 8 No 04/02/2014 Moderate 5 40 12 No 10/02/2014 Moderate 5 26 17 No 14/02/2014 High 4 23 7 No 24/02/2014 Moderate 5 28 6 Yes 15/03/2014 Moderate 5 32 29 No 18/03/2014 Moderate 5 18 11 No 11-4 CLERK'SClarftwn REPORT T Meeting: General Purpose and Administration Committee Date: May 5, 2014 Resolution#: By-law#: Report#: CLD-011-14 File#: Subject: APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER— SUMMER STUDENT RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-011-14 be received; and 2. THAT the by-law appointing Ms. Katelyn Scheffee as a Municipal Law Enforcement Officer, attached to Report CLD-011-14, be passed. Submitted b Reviewed by: Patti . dale, M _ F anklin Wu, Mun4ipal Clerk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T 905-623-3379 13-1 REPORT NO.:CLD-011-14 Page 2 of 2 1.0 BACKGROUND The Municipal Law Enforcement Division has hired a student to work as an enforcement officer for the summer months primarily on complaints of long grass and weeds as well as West Nile concerns for standing water. Ms. Scheffee will commence her duties on May 121h with an in-service training course organized by the Manager of Municipal Law Enforcement to familiarize her with municipal procedures,and the by-laws for which she will be responsible. Once that is completed she will be enforcing the by-laws. In order to be able to perform her duties she needs to be appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. Accordingly, it is recommended that the attached by-law be forwarded to Council for passage. 2.0 CONCURRENCE: Not Applicable 3.0 CONCLUSION In order for Katelyn Scheffee to be able to perform her duties as a Municipal Law Enforcement Officer, it is necessary for an appointment by-law to be passed by Council. CONFORMITY WITH STRATEGIC PLAN — Not Applicable STAFF CONTACT: Len Creamer, Manager, Municipal Law Enforcement ATTACHMENTS 1. By-law to appoint Katelyn Scheffee as a Municipal Law Enforcement Officer for the Municipality of Clarington. List of interested parties to be advised of Council's decision: None 13-2 Attachment 1 to Report CLD-011-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2014- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Katelyn SCHEFFEE as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW,THEREFORE,the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Katelyn SCHEFFEE is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Katelyn SCHEFFEE's appointment as a Municipal Law Enforcement Officer shall remain in effect for the duration of her term of employment with the Municipality of Clarington. 3. This by-law shall become effective on the date of passage. BY-LAW passed this 12th day of May 2014. Adrian Foster, Mayor C.Anne Greentree, CMO Deputy Clerk 13-3 Claritwn REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: N/A Report#: CLD-012-14 File#: C12.AG C12.OL Subject: APPOINTMENTS TO THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON AND OLDER ADULT STRATEGY STEERING COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-012-14 be received; 2. THAT be appointed to the Agricultural Advisory Committee of Clarington for a term ending December 31, 2016; and 3. THAT the following two members of the public be appointed to the Older Adult Strategy Steering Committee for a term ending upon the submission of the Committee's Final Report: 4. THAT all interested parties listed in Report CLD-012-14 be advised of Council's decision. Submitted by- Reviewed by: Oatti L.-Barrie, CMO Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/jeg U CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-4 REPORT NO.: CLD-012-14 PAGE 2 1. BACKGROUND 1.1 Agricultural Advisory Committee of Clarington (AACC) The AACC was established in 2001. The purpose of AACC is to assist the Municipality of Clarington in its efforts to identify, review, discuss and make recommendations to Council on agricultural and related issues. The AACC provides Municipal Council and staff with an agricultural perspective, providing advice on many issues including municipal policy and by-laws. The AACC is comprised of 10 volunteers (1 of which is from the Durham Federation of Agriculture) + 1 Council Rep. The members are selected to provide an appropriate representation of various farming interests (dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.). 1.2 Older Adult Strategy Steering Committee (OASSC) In February, 2014, Council considered Report CSD-002-14 regarding the "Older Adult Strategy —Terms of Reference". At a meeting held on February 10, 2014, the Council of the Municipality of Clarington approved the following Resolution #GPA-061-14: "THAT Report CSD-002-14 be received; and THAT funding for the development of an Older Adult Strategy be referred to the 2014 Budget Process." Report CSD-002-14 outlined the Older Adult Strategy project and included the attached (Attachment 1) Terms of Reference for the OASSC. 2. CURRENT SITUATION 2.1 AACC - Vacancy Gary Jeffery was last appointed to the AACC in 2011 for a term concurrent with Council. On February 17, 2014, the Municipal Clerk's Department received correspondence, from Faye Langmaid, Manager of Special Projects and staff representative on the AACC, advising that Mr. Jeffery had passed away and requesting a new member. Mr. Jeffery was a "non-farm" rural member with agricultural experience who provided assistance with nutrient management plans and provided training of pesticide-license courses. The AACC has suggested that someone with similar experience would be desirable. 13-5 REPORT NO.: CLD-012-14 PAGE 3 Following Council's appointments in 2011, all unsuccessful applicants were advised that their applications would remain on file for consideration should a vacancy occur on the AACC. Accordingly, the Municipal Clerk's Department contacted previous applicants to the AACC to determine whether they wish to put their name forward for consideration. From the pool of previous applicants, only Todd Taylor confirmed that he wished to be considered for appointment to the AACC. Mr. Taylor's application was considered at the March 17, 2014 General Purpose and Administration Committee meeting and the following Resolution #GPA-193-14 was approved by Council on March 25, 2014: "THAT the vacancy on the Agricultural Advisory Committee of Clarington for a term ending December 31, 2016 be readvertised in the local newspapers." Accordingly, an advertisement was placed in the Clarington This Week and Orono Weekly Times three times (on April 2, April 9, and April 16), on the Municipality of Clarington's website, and social media, with a deadline of noon on Friday, April 25, 2014. At the time of writing this report, a total of four applications were received as follows: ® Robert Denard • Elgin Greenham ® Garett Hazelwood ® Anna McQuaid Applications have been circulated under separate cover (Attachment 2) as they contain personal information. 2.2 AACC —Term of Office The AACC Terms of Reference were approved by Council in 2001. On March 25, 2015, Council considered correspondence from the AACC advising Council that on March 14, 2013, the Agricultural Advisory Committee adopted the following resolution and requesting Council's endorsement: "WHEREAS the Agricultural Advisory Committee of Clarington was formed in 2001 and has provided valuable advice to Council and staff on numerous issues; and WHEREAS the terms of reference for the committee identify that the membership be drawn from the different agricultural sectors (dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.); and that members should also possess; relevant farm experience, technical training in an agriculture-based field, and/or currently involved in agricultural community activities; and 13-6 REPORT NO.: CLD-012-14 PAGE 4 WHEREAS the Agricultural Advisory Committee of Clarington has benefitted greatly from members that have been on the committee for a number of years such that the knowledge is transferred from one committee to the next; however, it is also recognized that there is the need of continual renewal within the membership and the fostering of younger members; and WHEREAS the Council Protocol for Advisory Committees sets out the term of Advisory Committees to be the same as that of Council; and WHEREAS the timing of the election in October combined with Council taking office in December effectively meant Committee appointments were delayed until March; NOW THEREFORE BE IT RESOLVED THAT the Agricultural Advisory Committee recommend Council stagger the terms of members, by appointing half of the membership every two years, for four year terms and that the work of the committee continue until the new members are appointed." After consideration of the above item, Council passed the following Resolution #C-105-13: "THAT the resolution from the Clarington Agricultural Advisory Committee with respect to staggering terms of appointment be endorsed." The AACC is interested in starting the staggering of terms with this new appointment and request that the term end on December 31, 2016. 2.3 Older Adult Strategy Steering Committee — Call for Applications An advertisement was placed in the Clarington This Week and Orono Weekly Times four times (on April 2, April 9, April 16 and April 23), on the Municipality of Clarington's website and social media, with a deadline of noon on Friday, April 25, 2014. At the time of writing this report, a total of five applications were received as follows: • Anne Black • John Coffey • Anna McQuaid • Julie Michalejko-Earles • Louise Williams NOTES: 'Julie Michalejko-Earle is currently appointed to the Clarington Accessibility Advisory Committee. 13-7 REPORT NO.: CLD-012-14 PAGE 5 Applications have been circulated under separate cover (Attachment 3) as they contain personal information. 3. CONCURRENCE: Joe Caruana, Director of Community Services concurs with the recommendations contained in this report. 4. CONCLUSION In order to fulfil the requirements of the AACC Terms of Reference, it is recommended that one of the following applicants be appointed to the AACC for a term ending December 31, 2016: • Robert Denard • Elgin Greenham • Garett Hazelwood • Anna McQuaid In order to fulfil the requirements of the OASSC Terms of Reference, it is recommended that two of the following applicants be appointed to the OASSC for a term ending upon, the submission of the Committee's Final Report: • Anne Black • John Coffey • Anna McQuaid • Julie Michalejko-Earle • Louise Williams CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: Attachment 1: Terms of Reference for the Older Adult Strategy Steering Committee Attachment 2: AACC Confidential Application(s) (Distributed Separately) Attachment 3: OASSC Confidential Application(s) (Distributed Separately) List of interested parties to be advised of Council's decision.- Applicants ecision:Applicants - Cathie Ward, President,Claringtory Older Adult Association Angie Darlison, Executive Director, Clarington Older Adult Association Ted Watson, Chair, Agricultural Advisory Committee of Clarington F. Langmaid, Manager of Special Projects, Staff Liaison to the AACC 13-8 ATTACHMENT CL�T0 REPORT # Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Project Management: The consultant will be selected by the Project Team and shall report to the Recreation Services Manager, who will be the Project Lead and will work in conjunction with the Project Team (outlined below). Project Team: The Project Team'will consist of: Manager, Recreation Services, Municipality of Clarington Community Development Coordinator, Municipality of Clarington Executive Director, Clarington Older Adult Centre Board The role of the Project Team will be to: • Select consultant with assistance of Purchasing in accordance with Purchasing By-Law; • Solicit Steering Committee Members (as outlined below); • Initial meeting with the selected Consultant to outline project deliverables and expectations; • Arrange meeting locations and resources; • Manage the project and project team on a day to day basis; Monitor and track time and status of scheduled tasks; Address any issues or challenges that may arise, provide trouble shooting and problem solving; • Review draft report/results for concurrence; • Ensure the success of the project from the project initiation through to the planning, delivery and close out phases; • Achieve the defined project objectives within the allocated cost and schedule; • Review proposed changes and assess their impact on the project costs and schedule; • Schedule and conduct status meetings during the entire project. Steering Committee: The project will be directed by a Steering Committee (outlined below). The Chair will be determined at the first meeting of the Committee. Municipality of Clarington (3) • Director, Community Services • Manager, Recreation Services • Community Development Coordinator 13-9 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Clarington O1der.Adult Centre Board(3) • Executive Director, Clarington Older Adult Centre Board • 2 Members (Board Member and /or General Membership) General Public (2) • Adult or Older Adult • Clarington resident Available for daytime meetings • Cannot be currently employed by the Municipality of Clarington or COACB • Cannot be a current member of the Clarington Older Adult Centre Board Regional Municipality of Durham— Social Services (1) Manager, Diversity and. Immigration Steering Committee members (General Public) will be solicited using a standard format through: • Clarington This Week and Orono Weekly Times • Municipality of Clarington website • Clarington Older Adult Centre Board website • Municipality of Clarington social media • Program and Recreation & Leisure Guides • Facility signage Roles and Responsibilities of Steering Committee Members • Participate .in project meetings as requested by the Steering Committee Chair; • Represent stakeholders that do not directly sit on the Steering Committee; • Ensure equality and impartiality in decision-making; . • Act as a project champion throughout their representative organizations / stakeholder groups; • Inform the discussion and provide input to the development of the strategy based on their representative organizations / stakeholder groups; • Communicate project purpose and value to representative organizations / stakeholders. 13-10 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Terms of Reference - Scope: Consultant services are required to develop an Older Adult Strategy that addresses the current challenges and future needs including timelines for the provision of staffing, facilities, programs and services for Older Adults within the Municipality of Clarington. Leadership The Consultant shall provide leadership in every aspect of the project with support from the Project Team and Steering Committee; Meet with the Steering Committee in a manner that fosters participation and ownership; Review and consider documentation including, but not limited to: • COACB Strategic Plan 2010 Municipality of Clarington, Community Services Department Strategic Plan, 2008 • Municipality of Clarington, Strategic Plan, 2011-2014 • Municipality of Clarington, Official Plan Review Clarington Community Forecast Update 2012 • A Profile of Older Adult Centres in Ontario 2013 - OACAO • Living Longer, Living Well - Report Submitted to the Minister of Health and Long- Term Care and the Minister Responsible for Seniors on recommendations to inform a Seniors Strategy for Ontario, Dr. Samir K. Sinha, MD, DPhil, FRCPC, Provincial Lead, Ontario's Seniors Strategy • Building Bridges to Tomorrow 2009 — OACAO • Finding the Right Fit: Age Friendly Community Planning, 2013 • And others... Review similar strategies in other municipalities that share Clarington's demographics and note their successes and best practices; Identify emerging trends relating to older adults and facilities, programs and services offered for older adults; Hold stakeholder and general public information session(s) (3 meetings); meeting format and structure to be determined by Consultant with input from.Steering Committee in order to maximize community feedback; Constant communication with the Project Lead and Project Team to manage project logistics, verify outcomes; Prepare a draft report and present to the Project Team and Steering Committee; Deliver a final report to Council (1 meeting) with the preferred plan and implementation process with timelines and anticipated costs. 13-11 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Facilities Review the existing facilities which house the Clarington Older Adult Centre Board and its programs; Look at facility options, both immediate and long-term, which address the current challenges and future growth anticipated within Clarington (discuss and compare options which may include current facilities, relocation, new construction opportunities, .dedicated space, shared / multi-generational/ multi-purpose facilities, satellite programming with a focus on accessibility, safety, practicality, sustainability); Include options which address transportation to and from older adult activities for older adults in both urban centres and rural communities within Clarington (focus on accessibility, safety, practicality, sustainability). Staffing/Volunteer Resources Review existing staffing forthe Clarington Older Adult Centre Board and provide recommendations for current challenges, future growth and planning as it relates to all locations within the Municipality of Clarington according to the current and proposed programming model; Include a proposed staffing structure for the development and implementation of recommended programming enhancements and opportunities, identifying recommendations for implementation timelines; Review current opportunities and identify future opportunities for volunteering within the Clarington Older Adult Centre Board. Identify any strategies that could be used to encourage and retain volunteers with the Clarington Older Adult Centre Board, Programming Review older adult programming, taking into consideration demographic data as well as facility utilization patterns; Look at older adult programming options, both immediate and long-term, which address current challenges and future growth anticipated within Clarington (discuss and compare different program delivery models which includes the current delivery model, municipal program delivery, other program /service delivery providers or any other models used in other similar municipalities); Ensure programming meets,the needs of the community, identifying any gaps in programming which may not engage or does not seem to include various demographic groups (based on culture, gender, etc); 13-12 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Conduct an inventory of programs and services currently available within the Municipality of Clarington and identify opportunities for partnerships with providers that are not currently affiliated with the Municipality or the Clarington Older Adult Centre Board; Project Deliverables An Older Adult Strategy outlining recommendations for the following: Future options for the Clarington Older Adult Centre Board facility location including a timeline to be considered within the Municipality's capital budget forecast; identifying any impacts to the COACB operating budget; • An innovative framework and implementation plan outlining the Clarington Older Adult Centre Board's and Municipality of Clarington's roles in service delivery for a vast age span (50+) including priorities and implementation actions for the next: o 1-5 years (short term) o 5-10 years (medium term) and o 10+ years (longterm) • Identification of any partnership potential in the community; • Identification of capital and operating impacts including cost/ benefit analysis for each phase of implementation (short, medium and long term). Study Budget: The study budget is $60,000 plus HST. 13-13 Clarftwn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: CLD-013-14 File#: Subject: 2014 Municipal Election — Compliance Audit Committee RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-013-14 be received; 2. THAT the Clarington Municipal Election Compliance Audit Committee Rules of Procedure, included as Attachment 1 to Report CLD-013-14; be received for information; and 3. THAT the draft by-law attached to Report CLD-013-14 as Attachment 2, including the Terms of Reference, be approved y Council. SubmittedXP i` Reviewed by: /,/X t6 A L. Barrie, CMO lin Wu, unicipal Clerk ; of Chief Administrative Officer PLB/cag �U CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-14 REPORT" NO.: CLD-013-14 PAGE 2 1. BACKGROUND The Municipal Elections Act, 1996, as amended, (the MEA) requires that every municipality appoint a compliance audit committee prior to.October 1, 2014. The mandate of the compliance audit committee is to: a) Consider requests for a compliance audit and determine whether the request should be granted or rejected; b) If the request is granted, appoint an auditor; .c) Review the auditor's report and determine whether legal action should be taken; d) May commence a legal proceeding against the candidate for any apparent contravention; and e) If the auditor's report indicates that there were no apparent contraventions and if there appears that there were no reasonable grounds for the application, advise Council. Council would then decide whether or not to recover the auditor's costs from the applicant. In 2010, Council approved the recommendations of Report CLD-012-10, as follows: "THAT Report CLD-012-10 be received; THAT the Terms of Reference for the Clarington Municipal Election Compliance Audit Committee, included as Attachment#1 to Report CLD-012-10, be adopted; THAT the Clarington Municipal Election Compliance Audit Committee Rules of Procedure, included as Attachment #2 to Report CLD-012-10, be received for information; THAT the Municipal Clerk be directed to place an ad in the local newspapers and on the Municipal Website, and contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT inviting applications for appointment to the Clarington Municipal Election Compliance Audit Committee; and THAT the draft by-law attached to Report CLD-012-10 as Attachment #3 be approved by Council." As a result, Council passed By-law 2010-055 and established the first Clarington Municipal Election Audit Compliance Committee, consisting of three appointed members, Nancy Coffin, William John Paul Jones and Kamal Smimou, whose term will expire November 30, 2014. There have been no requests for a compliance audit submitted to the Clarington Municipal Election Audit Compliance Committee at the time of writing of this report. 13-15 REPORT NO.: CLD-013-14 PAGE 3 2. RECRUITMENT OF COMPLIANCE AUDIT COMMITTEE MEMBERS Staff have begun the recruitment process for Clarington's Municipal Election Compliance Audit Committee by advertising in the local paper, and on the municipal website detailing the selection criteria, with a deadline of 4:30 p.m. on Friday, May 23, 2014. Additionally, staff will contact the Institution of Chartered Accountants of Ontario; the Law Society of Upper Canada; Durham Regional Police Services; and UOIT. It is also recommended, at the close of the application period, that all applications be forwarded to Council for consideration, selection, and appointment. The following selection criteria are recommended: a) Demonstrated knowledge and understanding of municipal election campaign financing rules; b) Proven analytical and decision-making skills; c) Experience working on committees, task forces or similar settings; d) Demonstrated knowledge of quasi-judicial proceedings; e) Availability and willingness to attend meetings; and f) Excellent oral and written communication skills 3. REMUNERATION The retainer fee is $200 for each of the three committee members and a per diem rate of $250 plus mileage for attending meetings. Other committees of Council in Clarington who receive pay are the Committee of Adjustment and the Property Standards Committee. Although the remuneration for these committees is significantly lower, staff believe that, given the recommended qualifications to sit as a compliance audit committee member and the rates paid by other municipalities, the recommended remuneration is fair and reasonable. 4. TERMS OF REFERENCE The mandate for the compliance audit committee is outlined in section 81 of the MEA. The term of the Committee is the same as the term of office of Council (2014 — 2018). While the last day for compliance audit requests for the December 31, 2014 reporting period is June 25, 2015, a by-election could result in the need for the Clarington Municipal Election Compliance Audit Committee to sit during the term of Council. The Municipal Clerk acts as the main contact between the Clarington Municipal Election Compliance Audit Committee and Council. Staff administrative support to the Committee would be supplied by the Municipal Clerk's Department. The Terms of Reference for Clarington's Municipal Election Compliance Audit Committee is included in the draft by-law as Attachment 2 to this Report. 13-16 REPORT NO.: CLD-013-14 PAGE 4 5. COMPLIANCE AUDIT PROCESS The MEA requires all candidates to file with the Municipal Clerk a financial statement (on the prescribed form) reflecting the candidate's election campaign finances. Any eligible elector who is entitled to vote in an election may apply for a compliance audit of a candidate's election campaign finances where they believe that a candidate has contravened a provision of the MEA. The application for a compliance audit shall be made to the Municipal Clerk (or the secretary of the local board), it shall be in writing and it shall set out the reasons for the elector's belief that the candidate has contravened the MEA and must be made within 90 days after the latest of: (a) the statutory filing date for the candidate's financial statement; (b) the candidate's supplementary filing date, if any; (c) the filing date for the final financial statement under section 79.1; or (d) the end of the candidate's extension for filing granted under subsection 80(4); if any. The Municipal Clerk shall forward the application to the committee within 10 days of receipt and provide a copy to the council or local board. The Committee must consider the application and make a decision within 30 days after receiving the application from the Municipal Clerk as to whether it should be granted or rejected. The decision of the Committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the Committee could have made. Where the application for a compliance audit has been approved, the Committee shall, by resolution, appoint an auditor to conduct a compliance auditor. Only auditors licensed under the Public Accounting Act, 2004, or other "prescribed persons" may be appointed as auditors. The auditor shall promptly conduct the audit, determine whether the candidate has complied with the provisions of the Act as they relate to election campaign finances, prepare a report outlining any apparent contraventions of the Act, and submit the report to the candidate, Council, Municipal Clerk, and the applicant. Within 10 days of receiving the auditor's report, the Municipal Clerk shall forward the report to the Compliance Audit Committee. 13-17 REPORT NO.: CLD-013-14 PAGE 5 The Committee shall consider the auditor's report within 30 days and may: • Commence a legal proceeding against the candidate if the report concludes that the candidate appears to have contravened a provision of the MEA relating to the election campaign finances, and • Make a finding as to whether there were reasonable grounds for the application if the report concludes that the candidate did not appear to have contravened a provision of the MEA relating to election campaign. 6. RULES OF PROCEDURE: The Act requires the Municipal Clerk to establish administrative practices and procedures for the Committee to carry out their duties. Attachment 1 to this report are the Rules of Procedure for the Clarington Municipal Election Compliance Audit Committee as established by the Municipal Clerk based on the Terms of Reference. 7. BY-LAW: Section 81.1 of the Municipal Elections Act, 1996, As Amended, requires that Council establish a Compliance Audit Committee, before October 1, 2014, for the purposes of section 81 of the Act. Attachment 2 to this report is the draft by-law. 8. FINANCIAL IMPLICATIONS: The Municipality is responsible for any costs resulting from the review of applications submitted to the Clarington Municipal Election Compliance Audit Committee. These costs include: • Committee members' retainer (recommended $200/member) • Committee members' per diem (recommended $250/member) • Committee member mileage (recommended rate as per Municipality's standard rate) • auditor's costs to perform an audit • costs related to the Committee's operations and activities (i.e. copying, postage, etc.) • legal costs related to an appeal to the Ontario Court of Justice with respect to a decision of the Committee • legal costs to undertake legal action against the candidate for violations of the elections finance provisions of the MEA While the Municipality is responsible for paying the auditor's costs of performing the audit and all costs in relation to the Committee's operation and activities, where the auditor's report indicates that there was no apparent contravention and the Committee finds that there were no reasonable grounds for the application, Council is entitled to recover the auditor's costs from the applicant. 13-18 REPORT NO.: CLD-013-14 PAGE 6 Costs for advertising the vacancies will be included as part of the normal advertisement process. Any costs incurred for a compliance audit during the Term of Council (2014-2018) would be charged to the Municipal Election reserve. These costs are difficult to estimate although, because they depend entirely on the unforeseen volume of applications. 9. CONCURRENCE: Not Applicable. 10. CONCLUSION In order to fulfil the requirements of Sections 81 and 81.1 of the MEA, it is recommended that the Terms of Reference, attached to the draft by-law (Attachment 2 to this report), be approved and that the draft by-law be approved by Council. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: Attachment 1 — Rules of Procedure Attachment 2 — Draft By-law including the Terms of Reference List of interested parties to be advised of Council's decision: None 13-19 Attachment 1 to Report CLD-013-14 Draft Clarington Municipal Election Compliance Audit Committee Rules of Procedure BACKGROUND At its meeting of May 12, 2014, the Municipality of Clarington passed By-law 2014-xxx thereby establishing the Municipality of Clarington Municipal Election Compliance Audit Committee for the 2014-2018 Term, consisting of three members in accordance with Sec. 81.1 of the Municipal Elections Act,. 1996, as amended. In accordance with Sec. 81.1(4), the Rules of Procedure have been established by the Municipal Clerk of the Municipality of Clarington to ensure that the Clarington Municipal Election Compliance Audit Committee may be able to fulfill its duties and responsibilities in a fair, open and responsible manner. 1. Definitions: As used in this procedure, the following terms shall have-the meanings indicated: a. Application —An application accepted by the Municipal Clerk pursuant to s. 81(2) of the Municipal Elections Act, 1996. b. Candidate —The Candidate whose election campaign finances are the subject of an application for a compliance audit. c. Chair—The Clarington Municipal Election Compliance Audit Committee Chair selected under s. 5 of these Rules of Procedure. d. Committee — Clarington Municipal Election Compliance Audit Committee. e. Council —The Council of the Municipality of Clarington. f. MEA—The Municipal Elections Act, 1996, as amended. g. Secretary — The Municipal Clerk for the Municipality of Clarington. 2. Rules: The rules in this procedure shall be observed in all meetings of the Committee. C 1 13-20 Attachment 1 to Report CLD-013-14 3. Matters not dealt with in the rules of procedures: If these rules do not provide for a matter of procedure that arises during a meeting, the practice shall be determined by the Chair and the Chair may do whatever is necessary and permitted by law to enable the Committee to effectively and completely adjudicate on the matter before it. 4. Meetings: The Committee shall meet at the request of the Secretary. The Secretary shall summon a meeting of the Committee when requested to do so in writing by a majority of the Committee members. Meetings of the Committee shall be held at Municipal Offices or such other location, as the Secretary deems appropriate. Committee meetings shall commence at a time and date to be set by the Secretary, and shall be adjourned on a vote of the Committee. Attendance of all Committee members constitutes a quorum at meetings of the Committee. Meetings of the Committee shall, subject to the exceptions found in the Municipal Act, 2001, as amended, be open to the public. The applicant, the Candidate and, where applicable, the auditor shall be given an opportunity to address the Committee. Addresses to the Committee shall be no more than five minutes in length. 5. Committee Chair: At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. If the Chair of the Committee resigns as a member of the Committee or resigns as the Chair of the Committee, the Committee shall appoint another member as Chair for the balance of the term of Council. The Chair is the liaison between the members and the Secretary of the Committee on matters of policy and process. The Chair shall enforce the observance of order and decorum among the Committee members and the public at all meetings. 13-21 2 Attachment 1 to Report CLD-013-14 6. Delegation by Committee Secretary: The Secretary of the Committee may delegate administrative responsibilities to a Deputy Secretary. 7. Agenda: Before each meeting the Secretary shall provide an agenda to each member of the Committee. The agenda shall include a copy of any written submissions made by the applicant or the Candidate. The first matter of business on each agenda shall be the declaration of any conflict of interest. A copy of the agenda shall also be published on the Municipality of Clarington website. 8. Lack of Quorum: If no quorum is present thirty minutes after the time fixed for a meeting of the Committee, or the resumption of a meeting after an adjournment, or should a quorum at a meeting be lost for a period of thirty consecutive minutes, the Secretary shall record the names of the members present and the meeting shall stand adjourned until the next regular meeting day scheduled by the Secretary. 9. Committee Procedures: a) Order of Business The Order of Business for the Agenda shall be as follows: Meeting Called to Order. Disclosure of Pecuniary Interest Adoption of Minutes Matters of Business Opening Statement Delegation —Applicant Delegation — Candidate, Agent, Witness Committee Deliberation Adjournment Where the agenda includes consideration of more than one Application, each application will be dealt with by the Committee in its entirety before consideration of the next Application. 3 13-22 Attachment 1 to Report CLD-013-14 b) Questions to Delegations The Committee may, through the Committee Chair, ask questions of the applicant, candidate or any other delegation speaking to an Application. c) Rules of Debate (1) Order of Speaking -When two or more Committee members wish to speak, the Chair shall designate the member who first requested to speak as the member who speaks first. (2) Questions -A Committee member may ask a question only: (a) of a member who has already spoken on the matter under discussion; (b) of the Chair; (c) of an official of the Municipality of Clarington; and (d) of any other person addressing the Committee pursuant to these Rules of Procedure, or (e) for the purpose of obtaining information relating to the matter then under discussion. (3) Voting: a. Every Committee member present at a meeting of the Committee when a question is put shall vote on the question, unless prohibited by statute, in which case the fact of the prohibition shall be recorded in the minutes of the meeting. b. The matter put to a vote shall be in the form of a motion addressing the matter then under consideration. C. In the case of a tie vote, the motion or question shall be deemed to have been lost. 13-23 4 . Attachment 1 to Report CLD-013-14 (4) Motions: a. All motions must be introduced by a mover,and seconder before the Chair may put the question or motion on the floor for. consideration. If no member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. b. Any Committee member may propose a motion on the matter'then under consideration which the Clerk shall record in writing. C. After a motion is properly moved and seconded, it shall be deemed to be in the possession of the Committee, but may be withdrawn by the mover at any time before decision. d. A motion to amend shall relate to the subject matter of the main motion, shall not be received posing a direct negative to the question, and shall be put to vote in reverse order in which the amendments are made. Only a motion to amend an amendment to the original motion shall be allowed and any further amendments must be made to the original motion. 10. Notice: Public notice shall constitute posting the Agenda on the Municipal Website. The Secretary shall give notice of a Committee meeting to the Committee by way of email, telephone or in writing by mail, as deemed appropriate. Where an Application will be considered at a meeting, the Secretary shall give reasonable notice in writing, by mail, and by telephone to the applicant and candidate of the time, place and purpose of a meeting and of the fact that if either party fails to attend the meeting the Committee may proceed in the party's absence and the party will not be entitled to further notice in relation to the meeting. The written notice shall include the content of the Application. The Candidate may respond to the Application in writing, A written response shall be submitted to the Secretary a minimum of two days prior to the Committee meeting at which the Application will be considered. The Secretary will forward notice of the Committee's decision to the applicant and the Candidate at the mailing address provided to the Secretary as required by this procedure. 11. Committee decisions under MEA: In accordance with s. 81(5) of the MEA, within 30 days of receipt of the Application, the Committee will decide whether to grant or reject the Application. 5 13-24 Attachment 1 to Report CLD-013-14 If the Committee decides to grant the Application it shall, by resolution, appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit of the Candidate's election campaign finances. At the request of the.Committee, the Secretary may assist the Committee in locating and contacting available auditors to undertake the audit. In accordance with s. 81(14) of the MEA, within 30 days of receipt of an auditor's report, the Committee will consider the report and may commence a legal proceeding against the candidate for any apparent contravention of a provision of the MEA relating to election campaign finances. 12. Grant Exceptions from Procedures: The Committee may waive any rule of procedure in this procedure, as it considers appropriate, to ensure that the real questions in issue are determined in a just manner. 14. Minutes: The Secretary shall prepare minutes of each meeting of the Committee and shall provide members with a copy of the minutes, as soon as the minutes are available. The Committee members shall each review and sign the minutes, to confirm that the minutes reflect the Committee's actions. 13-25 6 Attachment 2 to Report CLD-013-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014-xxx Being a By-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2014-2018 Term _ WHEREAS section 81.1 of the Municipal Elections Act, 1996, as amended, (the Act) requires the Council to establish a Compliance Audit Committee, before October 1, 2014, for the purposes of section.81 of the Act; and WHEREAS the Municipality of Clarington is committed to ensuring a consistent, open and transparent process for receiving and processing compliance audit applications, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. The Clarington Municipal Election Compliance Audit Committee, consisting of three members, be established, as per the Terms of Reference attached to and forming part of this by-law as Attachment 1. 2. The Clarington Municipal Election Compliance Audit Committee shall carry out its mandate and duties in accordance with the Rules of Procedure as established by the Municipal Clerk. BY-LAW read a first, second and third time and finally passed this day of May, 2014. Adrian Foster, Mayor C. Anne Greentree, Deputy Clerk 13=26 Attachment 1 to By-law 2014-xxx MUNICIPALITY OF�CLARINGTON Municipal Election Compliance Audit Committee Terms of Reference 1. LEGISLATIVE REQUIREMENT Section 81.1 of the Municipal Elections Act, 1996,as amended states: Compliance Audit Committee (1) a council or local board shall, before October 1 of an election year, establish a committee for the purposes of section 81. Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, a) employees or officers of the municipality or local board;. b) members of the council or local board; or c) any persons who are candidates in the election for which the committee is established. Term of Office (3) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. Role of clerk or secretary (4) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under the MEA to implement the committee's decisions. Costs (5) ' The council or local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. 2.0 MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996, as follows: 1. Review any applications of a compliance audit of any candidate who. ran for election to the Municipality of Clarington Council, if the application was received in accordance with the legislative requirements. 13-27 1 Attachment 1 to By-law 2014-xxx 2. Within 30 days of receipt of ani application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected. 3. If the application is granted, the Committee shall appoint an auditor licensed under the Public Accounting Act, 2004, or other prescribed person, to conduct a compliance audit of the candidate's"election campaign finances. 4. The Committee will review the auditor's report within 30 days and may, a. If the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; b. If the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances, make a finding as to whether there were reasonable grounds forthe application. 3.0 TERM The Committee shall be established before October 1 of an election year. The Term of Office for the Committee is the same as the Term of Office of Council (December 1 of a regular election year to November 30, of the next regular election year). 4.0 COMPOSITION The Committee shall consist of three (3) members appointed by Council. The following persons are not eligible for appointment to the Committee: • Employees or officers of the Municipality of Clarington Members of Council • Any candidates in the election for which the Committee is established Should an appointed Member accept employment with the Municipality or register as a candidate with the Municipality, their appointment will be terminated. All Committee Members must agree in writing that they will not work/volunteer for any candidate, provide advice to, prepare or audit the election financial statements of any candidate for office on the Municipality of Clarington's Council or become a candidate in the 2014 Municipal Elections and any by-elections during Council's term. 2 13-28 Attachment 1 to By-law 2014-xxx 5.0 CHAIR At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. 6.0 PROPOSED MEETING SCHEDULE The Committee shall meet as needed with meetings to be scheduled by the Municipal Clerk, in consultation with the Chair,,when a compliance audit application is received. 7.0 STAFFING AND FUNDING Staff from the Municipal Clerk's Department shall provide administrative support to the Committee. The Municipality of Clarington.shall be responsible for all associated expenses. 8.0 MEETINGS Meetings of the Committee shall be conducted in accordance with the open meeting requirements of the provisions in the Municipal Act, 2001, as amended. The Clarington website will be used to communicate the meeting notices, agendas, and minutes. Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, and at the agreement of the Committee members. Meetings shall generally.be held during the regular business hours of the Municipality of Clarington. 9.0 REMUNERATION $200 — Retainer fee (includes compensation for review of any background materials) $250 — Per diem rate, plus mileage 10.0 MEMBERSHIP SELECTION The recruitment process shall include an advertisement in the local paper, and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UGIT. All applicants will be required to complete an application form outlining their qualifications and experience. 13-29 3 Attachment 1 to By-law 2014-xxx All applications will be forwarded to Council for consideration and appointment. 10.1 Selection Criteria The following criteria will be considered when appointing members: • Demonstrated knowledge and understanding of municipal election campaign financing rules; • Proven analytical and decision-making skills; • Experience working on committees, task forces or similar settings; Demonstrated knowledge of quasi-judicial proceedings; • Availability and willingness to attend meetings; and • Excellent oral and written communication skills. 11.0 CONFLICT OF INTEREST Members of the Committee must abide by the Municipal Conflict of Interest Act. Members shall not use their status on the Committee for personal or political gain. Committee members shall have regard for the Corporate Policy addressing the use of corporate resources during an election year. 12.0 COMPLETION CRITERIA The mandate of the Clarington Municipal Election Compliance Audit Committee will be. considered complete at the end of each four-year term of Council, at which time, a . successor committee shall be appointed. 4 13-30 Claritwa REPORT CLERK'S DEPARTMENT Meeting: General Purpose and Administration Committee Date: May 5, 2014 Resolution#: By-law#: Report#: CLD-014-14 File#: Subject: APPOINTMENT OF ANIMAL SERVICES OFFICER —AMY JANES RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-014-14 be received; and 2. THAT the by-law appointing Amy Janes as an Animal Services Officer, attached to Report CLD-014-14 as Attachment 1, be passed. Submitted b ��.<���. ; Reviewed b y _ y �at 1 L( (aar'rie `GMO Fr nklin Wu Municipal Clerk Chief Administrative Officer PLB/CAG/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-31 REPORT NO.: CLD-014-14 PAGE 2 1. BACKGROUND Amy Janes began employment with the Municipality of Clarington on August 31, 2007 as a part-time Animal Services Officer. Effective April 28, 2014, Amy has been transferred to a temporary full-time Animal Services Officer position to fill in for the full- time employee who is currently off on sick leave. In her part-time capacity, Amy was primarily responsible for sheltering related duties, whereas in her full-time capacity, in addition to the sheltering related activities, Amy will also be required to act as a Municipal Law Enforcement Officer. She will be required to enforce animal related by- laws. Amy is currently undergoing the necessary in-service training, coordinated by the Animal Services Manager, to familiarize her with municipal procedures and the by-laws for which she will be responsible to enforce. 2. CONCURRENCE: Not Applicable 3. CONCLUSION: In order for Amy Janes to be able to perform her duties as an Animal Services Officer, it is necessary for an appointment by-law to be passed by Council. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: 1. By-law to appoint Amy Janes as an Animal Services Officer for the Municipality of Clarington. List of interested parties to be advised of Council's decision: None 13-32 Attachment 1 To Report CLD-014-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- Being a By-law to appoint a Municipal Law Enforcement Officer. WHEREAS The Police'ServicesAct R.S.O. 1990, c.10, Section 15(1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; AND WHEREAS it is desirable to appoint Amy Janes as Municipal Law Enforcement Officer by By-law for the sole purpose of enforcing all By-laws pertaining to Animal Services; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Amy Janes is hereby appointed as Municipal Law Enforcement Officer for the purpose of enforcing all By-laws pertaining to Animal Services. 2. THAT Amy Janes appointment as a Municipal Law Enforcement Officer shall remain.in effect for the duration of her term of employment with the Municipality of Clarington. f BY-LAW passed in open session this day of May, 2014. Adrian Foster, Mayor C. Anne Greentree, Deputy Clerk 13-33 Clar*wn REPORT ,- CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: N/A Report#: COD-005-14 File#: Subject: TENDER CL2014-3 HIGH FLOAT RESURFACING & DITCHING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-005-14 be received; 2. THAT Miller Paving Limited, Gormley, Ontario, with a total bid price of $1,805,170.81 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2014-3, be awarded the contract for the High Float Resurfacing and Ditching; 3. THAT funds in the amount of$1,994,524.89 (net of H.S.T. Rebate) which includes $1,805,170.81 for tendering, administration, material testing and contingencies be drawn from the following Operations and Engineering Departments Capital Accounts: 2014 Capital Budget Rural Road Resurfacing 110-36-330-83680-7401......................................................$1,469,286.17 2013 Capital Budget Rural Road Resurfacing —funds carried forward 110-36-330-83680-7401..........................................................$71,305.06 2014 Pebblestone Road Account Townline to Tooley 110-32-330-83429-7401.........................................................$200,000.00 2014 Pebblestone Road Account Trulls to Courtice 110-32-330-83430-7401.........................................................$160,000.00 2012 Duke Street Reconstruction 110-32-330-83359-7401...........................................................$80,210.00 Osborne Road (Ontario Power Generations Letter of Credit G198126) 110-32-330-83334-7401 ...........................................................$13,723.66 Total Funding .....................................................................$1,994,524.89 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 14-1 REPORT NO.: COD-005-14 PAGE 2 4. THAT pending satisfactory pricing and service the contract be extended for a second, third and fourth year. Submitted by: Reviewed MAT-' arano, H.B.Sc., C.M.O., by: F4 iin Wu, Director of Corporate Services A� Chief Administrative Officer n Nancy fi� � yi&- .B'.A., CPA, C.A., Director of Finance/Treasurer MM\JDB\BH\br 14-2 REPORT NO.: COD-005-14 PAGE 3 1.013ACKGROUND 1.1 Tender CL2014-5 High Float Resurfacing & Ditching was advertised and issued with bids being received as per Attachment 1. 1.2 Tender specifications were provided by AECOM for the 2014 High Float Resurfacing as required by the Operations Department. 1.3 The term of this contract is for a one year period with provision for up to three one year extensions, subject to acceptable pricing and the provision of satisfactory service. 2.0 ANALYSIS 2.1 After further review and analysis of the bids by the Operations Department, Engineering Department, AECOM and Purchasing, it was mutually agreed that the low bidder,,Miller Paving Limited, Gormley, Ontario, be recommended for the contract for the 2014 High Float Resurfacing and Ditching tender. 2.2 Miller Paving Limited, Gormley, Ontario has previously performed satisfactory work for the Municipality of Clarington. 2.3 For the information of Council,.the overall project cost represents an approximate 13% increase over the previous contract year. 3.0 COMMENTS 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 4.0 FINANCIAL 4.1 The total project cost of$1,994,524.89 (net of H.S.T. Rebate) which includes $1,805,170.81 for tendering, administration, material testing and contingencies be drawn from the following Operations and Engineering Departments Capital Accounts: 14-3 REPORT NO.: COD-005-14 PAGE 4 2014 Capital Budget Rural Road Resurfacing 110-36-330-83680-7401............................................. .........$1,469,286.17 2013 Capital Budget Rural Road Resurfacing —funds carried forward 110-36-330-83680-7401..........................................................$71,305.06 2014 Pebblestone Road Account Townline to Tooley 110-32-330-83429-7401.........................................................$200,000.00 2014 Pebblestone Road Account Trulls to Courtice 110-32-330-83430-7401.........................................................$160,000.00 2012 Duke Street Reconstruction 110-32-330-83359-7401...........................................................$80,210.00 Osborne Road (Ontario Power Generations Letter of Credit G198126) 110-32-330-83334-7401...........................................................$13,723.66 Total Funding .....................................................................$1,994,524.89 4.2 The Engineering Department has noted that since the Pebblestone Road Sections came in over budget, the shortfall will be funded from unexpended funding from the 2012 Duke Street Reconstruction project 110-32-330-83359- 7401 in the amount of $80,210.00. These funds should be transferred to the Pebblestone Accounts. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Operations Director of Engineering Director of Finance/Treasurer 6.0 CONCLUSION 6.1 That the low compliant bidder, Miller Paving Limited, Gormley, Ontario be awarded the contract for Tender CL2014-3 High Float Resurfacing and Ditching. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Brigitta Harris, Buyer 1 Attachments: Attachment 1 - Bid Tabulation 14-4 Attachment#1 To Report COD-005-14 Bid Summary Tender CL2014-3 High Float Resurfacing & Ditching Provisional Items Removed from Part A, B, and C to accommodate 2014 Budget BIDDER 1 Year Contract 1 Year Contract Expenditure Expenditure (net of HST) (HST included) Miller Paving Limited $2,004,562.71 $1,805.170.81 Gormley, ON Royel Paving Limited* $2,108,592.70 $1,898,853.04 Lindsay, ON *arithmetic error corrected 14-5 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: N/A Report#: COD-006-14 File#: Subject: RFP2014-2 ENGINEERING SERVICES FOR HVAC RETRO-FIT & LIGHTING SYSTEM DESIGN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-006-14 be received; 2. THAT the proposal received from MAT 4Site Engineers Limited, Toronto, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2014-2 be awarded the contract for Engineering Services for HVAC Retro-Fit & Lighting System Design with a bid.amount of $44,265.60 (net of H.S.T. Rebate); 3. THAT funding be provided from account 110-1.6-130-81613-7401 Mechanical and Electrical Consultant for the Energy Efficiency Upgrades to the HVAC and Lighting Systems at the Municipal Administrative Centre and Main Branch Library. Submitted by: (, — Reviewed by: v Marie Marano, H.B.Sc., C.M.O., ' Franklin Wu, Director of Corporate Services / ' Chief Administrative Officer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)623-3379 14-6 REPORT NO.: COD-006-14 PAGE 2 1. BACKGROUND 1.1 Request for Proposal #RFP2014-2 was issued for engineering services for HVAC retro-fit and lighting system design for the Municipal Administrative Centre. 1.2 The Request for Proposal was advertised electronically on the municipal website and the Ontario Public Buyers Association (OPBA) website. 1.3 A total of twenty-seven (27) consultants obtained the bid document. A total of eleven (11) submissions were received in response to the request for proposal and all bids were deemed compliant. 1.4 As stipulated in the proposal documents, proponents were evaluated based on the following criteria: • Compliance & Completeness; • Consultant Proposal Details; • References; and • Pricing/Cost. 1.5 As per the Request for Proposal documents, the vendor selection would be made on the basis of the written proposal, reference checks and an interview. 1.6 All submissions received were reviewed by the Municipality's evaluation team consisting of staff from the Operations Department and Corporate Services Department. 2. ANALYSIS 2.1 The evaluation committee reviewed the documents and scored the proposals in accordance with the evaluation criteria. References were checked for the top three scoring proposals. Based on their ratings, the committee selected MAT 4Site Engineers Limited, Toronto, Ontario, Morrison Hershfield, Toronto, Ontario, and Virtual Engineers, Markham, Ontario for an interview. 2.2 Upon completion of the bid submission evaluation the references of the three high ranking firms were checked. The references were satisfactory for all three short-listed consultants. 2.3 The primary concern for the evaluation committee was that the consultant understood the scope of work requirements and had design and implementation experience with similar projects. 14-7 REPORT NO.: COD-006-14 PAGE 3 2.4 The proposals ranged in price from $29,947.97 up to $140,428.80. The bid results are outlined as per Attachment 1. 2.5 The highest ranked consultant with respect to the bid submission and interview was MAT 4Site Engineers Limited. 2.6 Therefore, the committee's recommendation is to award the contract to the overall highest ranked firm MAT 4Site Engineers Limited, Toronto, Ontario. 3. COMMENTS 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations and Director of Corporate Services. 4. FINANCIAL 4.1 The Proposal submitted by the subject firm was in the amount of$44,265.60 (net of H.S.T. Rebate) and the funding will come from Account 110-16-130-81613- 7401 Mechanical and Electrical Consultant for the Energy Efficiency Upgrades to the HVAC and Lighting Systems at the Municipal Administrative Centre and Main Branch Library. 5. CONCURRENCE 5.1 This report has been reviewed by Fred Horvath, Director of Operations and Marie Marano, Director of Corporate Services who concur with the recommendation. 6. CONCLUSION 6.1 To award the contract to provide consulting services to MAT 4Site Engineers Limited, Toronto, Ontario, being the highest ranked proposal meeting all terms, conditions and specifications of the Request for Proposal RFP2014-2 Engineering Services for HVAC Retro-Fit & Lighting System Design CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Brigitta Harris, Buyer 1 Attachments: Attachment 1 - Bid Tabulation List of interested parties to be advised of Council's decision: Not Applicable 14-8 Attachment 1 Report COD-006-14 THE MUNICIPALITY OF CLARINGTON BID TABULATION BIDDER Proposal Cost Proposal Cost (H.S.T. Included) (Net of H.S.T. Rebate) *MAT 4Site Engineers Limited $49,155.00 $44,265.60 Toronto, ON *Morrison Hershfield $52,997.00 $47,725.44 Toronto, ON *Virtual Engineers $41,762.54 $37,608.46 Markham, Ontario Ameresco Consulting Inc. $35,595.00 $32,054.40 Burlington, ON CCI Group $83,690.63 $75,366.00 Concord Inc Dialog Ontario Inc. $105,400.75 $94,916.64 Toronto, ON Exergy Associates Limited $33,255.90 $29,947.97 Burlington, ON M&E Engineering $155,940.00 $140,428.80 Vaughan, ON Moon-Matz Limited $42,781.80 $38,526.34 Mississauga, ON Pact Engineering Inc. $44,183.00 $39,788.76 Concord, ON URS Canada Inc. $108,546.13 $97,749.15 Richmond Hill, ON *top three rank proposals, consultants interviewed 14-9 REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: FND-010-14 File#: Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUND FOR THE YEAR ENDED DECEMBER 31, 2013 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-010-14 be received; and 2. THAT a copy of this report be sent to the Ministry of Municipal Affairs and Housing. Submitted by: t/ << f Reviewed by: Nanc Taylor/bBA,CPA,CA, rranklin Wu, Director of Finance/Treasurer Chief Administrative Officer NT/RB/AB/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-1 REPORT NO.: FND-010-14 PAGE 2 BACKGROUND 1.0 In accordance with Bill 98, an Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth, Schedule "A" attached shows the activity in the Development Charges Reserve Funds for the year ended December 31, 2013, 2.0 For the year ended December 31, 2013, a total of 439 residential building permits were issued. Approximately 854 units were anticipated for 2013 in the development charges study review and update. Also, a total of 40 capital fund and 15 revenue fund projects have been financed by the Development Charges Reserve funds. 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: Nancy Taylor, Director of Finance/Treasurer Attachments: Schedule "A" — Development Charges Reserve Funds statement Schedule "B" — Capital Expenses Schedule "C" — Revenue Fund Expenses Schedule "D" — Committed Amounts from Prior Years' Budgets/Council Approvals List of interested parties to be advised of Council's decision: Municipal Finance Branch Ministry of Municipal Affairs and Housing 777 Bay Street, 13th floor Toronto, Ontario M5G 2E5 15-2 % ® } § ) } \ } . \ { 2. on ! / . @ ' \ :\ } } \ \ § ( \ \ \ \ ( \ \ IM I M I I � \\\ m ) \ \ \ ( , . . / \ / } { } C5. ' \ ; § § ` G . . / - - ƒ % ol X ? 2 ) /7/ } 7 ! ) } \ \ \ \ } \ } \ \\\ \ )}) { \ \ \ \ ) # # : ( / ) ) \ a : \ . //\ ) j\ ) ] 5—S SCHEDULEB MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2013 YEAR Total Expenses DIC RIF NON D/C RIF CAPITAL EXPENSES For 2013 FINANCING FINANCING DESCRIPTION DIC-EMERGENCY 5ERVICES B.,vur-ile Hrehail Expansion 5,684 5,684 Newcastle Ftrehall Replacement 4,151,082 1,122,102 992,721 Provincial Grant 750,000 Developer Contribution 1,286,259 Mun Cap Wrks RIF EMSVehlcies 74,152 34,834 39,318 Fire Equip RIF 4,230,918 1,162,620 3,068,298 D/C-PARK DEVELOPMENT&RELATED FACILITIES Longworth Park 148,411 133,570 14,841 Eng Prks Cap RIF Port Darlington Waterfront Park 1,524 1,371 152 Eng Prks Cap RIF Tooley's Mill Park 105,470 94,923 10,547 Eng Prks Cap RIF Hancock Neighbour Park 87,214 78,493 8,721 Eng Prks Cap RIF 342,619 308,357 34,262 D/C-OPERATIONS New Equipment-2012 Roads 292,047 262,842 29,205 Mun Cap Wrks RIF New Equipment.2013 Roads 164,428 83,566 9,285 Mun Cap Wrks RIF 71,577 Operations Equip RIF Law Enforcement Vehicle 29,702 26,732 2,970 Mun Cap Wrks RIF Community Services Vehicle 26,495 23,845 2,649 Mun Cap Wrks RIF Operations-Depot 42 consulting-construction of pole barn/quonset but 69,748 62,773 6,975 Mun Cap Works RIF 582,419 459,7571 122,662 D/C-ROADS AND RELATED Road reconstruction-Nelson Road 226,456 160,784 65,672 Mun Cap Wrks RIF _ Road reconstruction-Baseline Road(Darlington Creek to West Side Dr) 101,182 95,111 6,071 Mun Cap Wrks RIF Road reconstruction-Stevens Road 188,049 188,048 Roadreconstruclion-High Street 70,587 4,200 46,121 Tax Levy 20,266 Mun Cap Wrks RIF Road reconstruction-Trulls Road(George Reynolds Drive to Dalsey0eld Ave) 717,925 407,017 283,497 Mun Cap Wrks RIF 27,411 Developer Contribution Road reconstruction-Third Street 10,680 1,816 8,864 Mun Cap Wrks RIF Road reconstruction-Clarington Blvd Road Overshing 1,832 1,832 - Roadreconstruction-Rudell Road 294,286 279,571 14,714 Mun Cap Wrks RIF Road reconstruction-Energy Drive 4,163 4,163 - Roadreconstruction-George Reynolds Drive 2,958 2,958 - Road reconstruction-Green Road Grade Separation 641,499 50,000 97,524 Developer contribution • 493,975 To be funded from Future D/C Debt Road reconstruction-Lake Road Extension 8,511 8,511 - Roadreconstruction-Grady Drive 2012(Foster Creek) 12,867 12,867 - Roadreconstruction-Grady Drive 2013(Foster Creek) 3,280 3,280 - Roadreconstruction-Concession Road JIB(Liberty Street to follow Drive) 818 712 106 Mun Cap Wrks RIF Road reconstruction-Concession Road N3(Highway N57 to Middle Road) 623 555 69 Mun Cap Wrks RIF Road reconstruction-Port Darlington Waterfront Park 1,109,919 469,300 641,819 Developer contribution Road reconstruction-Green Road(from CP Railway South to Baseline Road) 58,597 58,597 - Roadreconstruction-Green Road North(Highway N2 to Stevens Road) 113,820 91,056 22,764 Mun Cap Wrks RIF Road reconstruction-Green Road(North uf5levens Road) 899,088 764,321 33,530 Tax Levy 30,418 Roads Cont'b RIF 70,819 Mun Cap Wrks RIF Sidewalk construction•Trulls Read 120,634 120,634 - Sidewalk construction-Courtice Road(Moyse Drive to Nash Road) 38,310 38,310 Sidewalk construction-Baseline Road(Simpson Avenue to Simpson Avenue Realignment) 40,332 40,332 - Sidewalkcanstructfon•Highway A2(Boswell Drive to Green Road) 40,488 9,988 30,500 Developer contribution Street Lighting-Osborne Road 4,567 4,384 183 Mun Cap Wrks RIF Bowmanvllla Creek Erosion 139,398 93,396 46,001 Mun Cap Wrks RIF Soper Creek Erosion Control 558 374 194 Mun Cap Wrks RIF Braokhill Tributary Nick Point Remedial Work 5,734 3,823 1,911 Mun Cap Wrks RIF 4,857,157 2,9141739 1,942,419 TOTAL CAPITAL EXPENSES 10,013,113 4,845,473 5,167,640 SUMMARY OF FINANCING: 1,162,620 D/C-Emergency Services RIF 308,357 D/C-Park Dev.&Related Facilities R/F 459,757 D/C-Operations RIF 2,914,739 D/C-Roads and Related RIF 1,978,464 Municipal Capital Works RIF 34,262 Engineering Parks Capital RIF 71,577 Operations Equip.R/F 30,418 Roads Contribution RIF 39,318 Fire Equipment RIF 79,651 Tax Levy 1,547,254 Developer contribution 992,721 Provincial Grant 493,975 Debt Recovery TOTALFINANCING 10,013,113 1 4,845,4731 5,167,640 15-4 SCHEDULEC MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT - - FOR THE 2013 YEAR Total Expenses D/C R/F NON D/C R/F REVENUE FUND EXPENSES For 2013 FINANCING FINANCING DESCRIPTION D/C-GENERAL GOVT Planning-Official Plan Review 56,234 738 82 Prof Fees Reserve 55,414 Federal Gas Tax R/F Legal-D/C Intervenor and OMB Hearing 27,196 24,477 2,720 Tax Levy Fire Master Plan 69,090 62,181 6,909 Tax Levy Courtice Library Needs Assessment 50,000 45,000 5,000 Tax levy Operations-Stormwater Master Plan 19,324 17,391 1,932 Mun Cap Wrks R/F Financial Impact Analysis 3,224 2,902 322 Prof Fees Reserve 225,068 152,688 72,380 DIC-LIBRARY SERVICES 2013 Pending D/C Appeal 54,412 54,412 - Contribution towards Debenture Debt-Newcastle Library 103,735 58,092 45,643 Tax Levy Contribution towards Debenture Debt-Newcastle Library future balloon payment 282,651 282,651 - 440,798 395,155 45,643 D/C-INDOOR RECREATION 2013 Pending D/C Appeal 337,363 337,363 Contribution towards Debenture Debt-Bowmanville Indoor Soccer 329,688 296,724 32,964 Debt Retirement R/F Contribution towards Debenture Debt-Newcastle District Recreation Centre 1,586,309 1,586,309 - contribution towards Debenture Debt-South Courtice Arena 1,071,333 '1,071,333 - 3,324,693 3,291,729 32,964' D/C-PARK DEVELOPMENT&RELATED FACILITIES 2013 Pending D/C Appeal 124,482 124,482 - ParksDevelopment-Consulting 3,712 3,341 371 Tax Levy 128,194 127,823 371 D/C-OPERATIONS 2013 Pending D/C Appeal 7,161 7,161 - Operations-Small Equipment Purchases 12,571 11,314 1,257 Tax Levy 19,732 18,475 1,257 D/C-ROADS AND RELATED Engineering Consulting-Studies 121,189 121,189 - EnglneeringConsulting-Design 98,259 49,130 49,130 Tax Levy 219,448 170,319 49,130 D/C-PARKING 2013 Pending D/C Appeal 966 966 - 966 966 TOTAL REVENUE FUND EXPENSES 4,358,899 4,157,154 201,745 SUMMARY OF FINANCING: 152,688 D/C-General Goverment 395,155 D/C-Library Services 3,291,729 D/C-Indoor Recreation 127,823 D/C-Park Development&Related Facilities 18,475 D/C-Operations 170,319 DJC-Roads and Related 966 D/C-Parking 1,932 Municipal Capital Works R/F 32,964 Debt Retirement R/F 55,414 Federal Gas Tax 111,030 Tax Levy 404 Professional Fees Reserve TOTAL FINANCING 4,358,899 4,157,154 201,745 15-5 SCHEDULE D MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2013 YEAR _ COMMITTED AMOUNTS FROM PRIOR YEARS'BUDGETS/COUNCIL APPROVALS YEAR PROTECT/DESCRIPTION AMOUNT COMMITTED RESERVE FUND: D/C-GENERAL GOVERNMENT 20070perating 1065613610529.7160 Plan-Official Plan Review 379,142 20ll Operating 1065613600000-7160 Planning Consulting Studies 162,000 2008 Capital 110_36-13 0-83801-7401Operations-Master Plan 28,836 2011 Operating 10614.13600000-7161 D/C lntervenorand OMB Hearing 22,483 2013 Operating 2011 OPG-Commitment for future Payout Upon LEED Certification 13,963 20120perating 106 2 8-2 8 600000-7160 Fire-MasterPlan 5,319 2013Operating 10614-136000067161 D/C-Appeal 36,000 Total Commfted: 647,743 RESERVE FUND: D/C-LIBRARY SERVICES 2011Operating 10662-446105767602 Library Collection-Purchase of Add'[Resources In all Formats 231,429 Total Commhed: 231,429 RESERVE FUND: D/C-EMERGENCY SERVICES 2012 Capital 110-29-370-82844-7401 Newcastle Fire Hall#2-Admin Funds for relocation&Construction 368,912 20110perating 2011 OPG-Commitment for future Payout Upon LEED Certification 33,386 2012 Capital 11628-370-82845-7401 Expansion to H.QStation 94,316 2013 Capital 11628-281-82815-7401 Bunker Gear 9,525 2013 Capital 116 2 8-388-82824-7401 Training Prevention Van 10,166 Total Commited: 516,305 RESERVE FUND: D/C-INDOOR RECREATION 2010 Balance remaining of Interim Financing from Reserve Funds 747,054 2011 Balance rematntng of Interim Financing from Reserve Funds 228,246 2012 Balance remaining of Interim Financing from Reserve Funds 786,415 2013 Balance remaining of Interim Financing from Reserve Funds 1,096,407 Total Commited: 2,858,122 RESERVE FUND: D/C-PARK DEVELOPMENT&RELATED FACILITIES 2006 Capital 1110-32-325-8 32:27-7401 Waverly Road,Bowmanville-Landscape Feature Area/Plantings/Sign/Lighting 101,589 2011 Capital 163 2-3 25_:32 5-8 3 2 -74 0 1 Port Darlington Waterfront Park 25,708 2012 Capital 110-32-32S-83365-7401 16 3 2-3 2 5-8 3 3 6 5-74 01 Hancock Neighbourhood Park 55,975 2013 Capital 11G-32-32S.83406_740 1 Port Darlington Waterfront Park East Beach Phase l 150,000 2013 Capital 11632-32583231-7401 Longworth Park-Splash Pad/Walkways/Benchs/Shade Structure 271,430 2013 Capital 11632-325.83404-7401 Toole'z MITI Park-Walkwa s Benchs/Gazebo 211,077 Total Committed: 815,779 RES ERVEFUND: D/C-OPERATIONS 20110perating 30635386-102167505 2011OPG-Commitment for future Payout Upon LEED Certification 33,029 20120perating 10636.3 80-10 70-7505 Operattons-Fleet Small Equip Purchases 1,038 2012 Capltal 1163&370-836 8 8-7401 Hampton Office Expansion 18,000 2012 Capital 120-336-388-83 163 6-3 8 8-83 6843' 4 3-7401 New Equipment Roads-2012 Various 104,680 2013 Operating 100-36-386103767505 Oper-GPS units 1,805 2013 Capital 110-36-370-83677 Depot 42 Operations Centre-Construction of Pole Barn/Quonset Hut 282,100 2013 Capltal 11c,19-388-819G4 Municipal Law Enforcement Vehicle 4-Wheel Pick-up Crew Cab 4,768 2013 Ca ital 11636-388-83643 FleetNew-Roads(Radios&Salt Management) 141,434 Total Commited: 586,853 RESERVEFUND: D/C-ROADS AND RELATED 2010/2011 Capltal 110-32-33D-83265-7401 Ciarington Boulevard,Bowmanville-Uptown to 370m north-Reimburse Collector Roads Construction 200,798 2007 Capital 31632.3 3 6 8 3 27 6-7401 Green Rd,Bowmanville-Baseline Road to Boswell DO--Road Reconstructlon/DC dept 147,476 2011 Capital 114 3 2-3 3 68 3 3 267 4 01 Rudell Road Reconstruction 62,645 2010 Capital 110-32-330-833 3 4-74 01 Osbourne Road 393,052 2010/2011 Capital 110-32-33"335::7401 Green Road-635 m North of Stavens Road 45,655 2011 Capital 110-32-3:0-:3335 1632-33683357401 North Scugog Court 885,885 r 2007/2008 Capital 1163 2-3 3 1-8 327 8-7401 Hwy A2,Bowmanville-Clarngton Boulevard/South Side to Green Road/North Side 17,546 2031 Capital 1163 2-3 3 1-8 3 3 667 401 Liberty Street DC Sidewalk 30,000 2011 Capital 11632-331.83363-7401 Baseline Road Sidewalk-Green Road to Westside Drive 75,248 2011 Capital 11632-34683361-7401 Brookhlll Tributory Nick Point Remedial Work 7,101 20110perating 2011 OPG-Commitment for future Payout Upon LEED Certification 190,959 2012 Opera 10632-13600000.7510 Transportation Master Plan 57,726 2012 Capital 110-32-340- 6 3 2-3 46 83284-7401 Soper Creek Erosion Control 6,238 201:Operating 10632-13600067167 Engineering Consulting.Design 6,001 2013 Capital 110-32-324-83334-7401 Osborne Road-Smaetlighting 147,403 2013 Capltal 11632-325-83406-7401 Port Darlington Waterfront Park East Beach Phase I 341,900 2013 Capital 11632-33683296-7401 Stevens Road,Bowmanville Extension-Road Reconstruction 17,952 2013 Capital 110-32-33&83298-7401 Green Rd.North Road Reconstruction Surface Asphalt 32,169 2013 Capital 1163 2-3 3 6 8 3 3 18-740 3 Grady Dr(@Foster Creek) 31,720 2013 Capital 11632-33683331.7401 Third Street Surface Asphalt(Elgin St.-High St.) 3,454 2013 Capltal 11632-33683332-7401 High St Reconstruction-Third St-Fourth St 3,450 2013 Capital 11632-336833467401 Nelson Street Rd.Reconstruction(Hunt St-Ontario St) 49,197 2013 Capital 114 3 2-3 3._ 6 8 3 403-7401 Energy Drive Extenslon 55,837 2013 Capita: 116 3 2-3 3 68 3 40 8-740 1 Basellna Rd.Reconstruction-DarlingtonCreek to West Side Drive Surface Asphalt 64,791 2013 Capital 116 3 2-3 3 6 8 3 4167 401 Tmlls Rd.Reconstruction 103,057 , 2013 Capital 110-32-330-83412-7401 George Reynolds Drive Connecting Link(CourUce Rd.-Harry Gay Dr.) 27,042 2013 Capital 11632-33683435-7401 Concession Rd.3(Liberty St.-Jollow Dn)Design 31,453 2013 Capital 11632-33683416-7401 Concession Rd.3(Middle Rd.-Liberty St.) 57,935 2013 Capital 11632-33683417-7401 Concession Rd.3(q57-Middle Rd.) 79,743 2013 Capital 11632-331-83300 Sidewalk-Trulls Rd.(George Reynolds Dr.-Nash Rd.) 34,366 2013 Capital 11G-32-33143:34 Sidewalk-Osborne Read(Energy Dr.-Southern limit) 40,349 2013 Capital 11632-331-8341 2010 D/C Study Item R4 Baseline Rd Sidewalk 2,058 2013Council Report 11632-331.83345 Sidewalk-Coutice Read(Moyse Dr-Nash Rd) 2,590 2013 Capital 110-32-331-8334 6 Sidewalk-Prestonvale Rd.(Meadowglade Rd.-Claret Rd.) 5,000 2013 Capltal 11632-332-83231 Longworth Ave.Intersection Pedestrian Signal@ BrookingSt. 85,000 2013 Capital 11632-34683416 8owmanvi:le Creek Erosion Protection North of Longworth Avenue 15,000 2013Capltal 11632-34683419 Bowmanville Creek Erosion Protection North@l.ckma.Rd. 39,937 2013 Capital 11632-34683420 Bowmanville Creek Erosion Protection South of Goodyear Dam 15,000 Total Commited: 3,412,742 - RESERVE FUND: D/C-PARKING 20110pe rating 2011 OPG.Commitment for future Payout Upon LEED Certification 2,990 Total Commited: 2,990 TOTAL COMMITTED TO DEVELOPMENT CHARGES RESERVE FUNDS 9,071,463 15-6 REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MAY 5, 2014 Resolution#: By-law#: Report#: FND-011-14 File#: Subject: FINANCIAL UPDATE AS AT MARCH 31, 2014 RECOMMENDATIONS: • It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-011-14 be received for information. n y i. Submitted by: G f Reviewed by: Nancy Taylor, B,�A,'C A, CA rankIin Wu Director of Finance/Treasurer Chief Administrative Officer NT/CC/hj I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623- 379 15-7 REPORT NO.: FND-011-14 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 The financial update report has been designed to focus on overall budget variance reporting. 2.0 FIRST QUARTER OF 2014 RESULTS 2.1 Attachment "A", The Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures as of March 31, 2014. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net year to date expenditures as of March 31, 2014 totaled $15,151,120, which represents 29.9% of the total 2014 budget. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at March 31, 2014. Many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control, which result in a fluctuation of the timing of recognition of revenue and expenses. The budget is allocated monthly based on the 2013 actual monthly distribution. In cases where there is no prior year history, the monthly budget allocation is divided equally over the 12 months. While this is best method available to be reflective of seasonal trends, there may be some variations from year to year. Due to these timing differences, this statement cannot be used in isolation. 2.3 In general, the operating budget is overall on target. As of March 31, 2014 the net year to date expenditures are at 93.4% of the first quarter budget. Some of the variances can be attributed to the timing differences in revenue and expenditures between 2014 and 2013. As this is the first quarter analysis, it may be premature to extrapolate the figures and percentages to future quarters. 2.4 The operating budget is on target for the Mayor and Council, the CAD's office and the Legal department. Respectively, the net expenditures are 86.9%, 92.1% and 90.1% of the first quarter 2014 budget 2.5 Corporate Services net expenditures are 83.5% of the first quarter 2014 budget. The lower expenditures as of March 31, 2014 are due to the timing differences in advertising and design costs as well as software maintenance fees and other expenditures. This should be smoothed out over the next quarter. 2.6 As of March 31, 2014, the Clerk's department net expenditures are at 89.5°/x. Revenues are below budget due to do lower animal licences and cemetery sales 15-8 REPORT NO.: FND-011-14 PAGE 3 received in the first quarter. This variance could be due to timing difference between 2013 and 2014. Also, the net expenditures as of the first quarter is due to the timing differences from year to year in the Wildlife Damage Compensation program. There is not a consistent trend in the claims and there can be great variation year to year. 2.7 The Finance net expenditures are at 86.5% of the first quarter 2014 budget. Due to the improved position of the taxes receivable, fines and penalties are in line with budgeted amount at 94.6%. This in contrast to previous years where fines and penalties exceeded the budget amount. The Taxes Receivable (Attachment B) are further discussed in 2.14. 2.8 The Emergency Services net expenditures are on budget with the first quarter 2014 budget figures at 90.4% As of March 31, 2014 year to date expenditures represents 95.3% of the related budget. Revenues are above budget due to the MOU with OPG for Fire Protection and Community Emergency Management Plan. 2.9 The Engineering Department net expenditures are 49.4% of the first quarter 2014 budget. This favourable result is due to the increase in the revenues in the first quarter. Building permit revenue is at 32.8% of the total budgeted amount. 2.10 The Operations Department net expenditures are 131.6% of the first quarter 2014 budgeted amount. The Fleet expenditures are currently below the budgeted amount. It is important to note that most adjustments to these accounts are made at year-end. As of the first quarter, Operation revenues are lower due to timing on posting entries for senior snow clearing. Operation expenditures are higher than the same period last year due to the harsh winter in 2013/2014. Winter control costs were significantly higher for roads and sidewalks as well as tree removal costs. 2.11 Community Services net expenditures are 82.8% of the first quarter 2014 budget. Revenues are at 107.2% and total expenditures are at 89.7% as of March 31, 2014. In general, there is an increase in Community Services revenues particularly in aquatic, fitness, children's' camp revenues as well as ice rentals at RRC. 2.12 The Planning Department net expenditures as of March 31, 2014 are 87.7% of the 2014 first quarter budget. The expenditures are in line with the budget as of March 31, 2014 at 91.7%. The favorable net expenditures are due to the higher revenues in this period at 132.2%. Areas of higher revenues are official plan amendments, rezoning fees, part lot controls fees and other miscellaneous fees. 15-9 REPORT NO.: FND-011-14 PAGE 4 2.13 Attachment "B", Continuity of Taxes Receivable for the three months ending March 31, 2014 provides the status of the taxes billed and collected by the Municipality of Clarington during the first quarter of 2014. A total of $36,303,368 in interim tax bills were issued to property owners in the Municipality during this period. At the end of March 2014, a total of $416,419 shows as a credit on the taxes receivable compared to March 2013 taxes receivable of $2,221,671. Note that the current year taxes are in also in a negative position as they include the taxes prepaid for the April 2014 installment. The net balance at ($416,419) is 118.7% lower than the prior year at this time. This is a substantial improvement over the first quarter 2013. A number of factors affect this favourable result including increase in the PAP program, some mortgage companies paying both February and April installments in February as well as voluntary pre-payment of taxes by individuals. Furthermore, in 2013 and the first quarter of 2014, there was an increase in tax write offs due to ARB decisions on commercial properties and 2013 settlement of a commercial tax sale property which has reduced the taxes receivable especially the in the prior years' taxes. 2.14 Attachment "C", Investments Outstanding as of March 31, 2014 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the first quarter in 2014. The Municipality at March 31, 2014 holds $0 in general fund investments, $0 in capital fund investments, $8,927,179.82 in Development Charge reserve fund investments and $46,248,334.78 in reserve fund investments to fund future commitments. General fund investments are short term in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are assessed on an ongoing basis to ensure they meet the requirements of Section 418 on the Ontario Municipal Act, Ontario Regulation 438/97 and the Municipality's investment policy. Currently, general fund investments are held in the Municipality's general bank account as the interest rate on the account is more favourable than money market instruments because of current economic conditions that are likely to continue for some time. The short-term interest rates and the current cash flow needs are reviewed on a regular basis. 2.15 Attachment "D", Debenture Repayment Schedule provides the status of the Municipality's long-term obligations. The Municipality had $21,839,480.59 in outstanding debt as of January 1, 2013 and debt repayment obligations of $3,405,690.41. Factoring in a new debenture for the Green Road Grade Separation works (as approved in 2013) but not yet issued, the outstanding debt in 2014 will be $25,687,677.76. The 2014 budget amount of $3,895,375.22 reflects debt repayment amount adjusted for the accrual basis for interest and the estimate for the new debenture for Green Road. The annual principal and 15-10 REPORT NO.: FND-011-14 PAGE 5 interest payments required to service these liabilities are well within the annual debt repayment limits prescribed by the.Ministry of Municipal Affairs and Housing. 2.16 Attachment "E", Municipal Development Charges as of March 31, 2014 provides the total Municipal development charges collected of $3,802,530.57. In the 2010 Development Charges Background Study, it was forecasted that the municipality would be collecting approximately 878 residential units total for 2014 or approximately 73 units per month. For the first quarter in 2014, there were 63 units. For 2014 budget calculations, the figure of 525 units was used for the year. 2.17 Analyzing the number of units issued in the first quarter of 2014, there was a significant increase of 146% compared to the same quarter in 2013. Comparing the total dollars collected in the first quarter of 2014 to the same quarter in 2013, there was an increase of 183.9% in municipal development charges collected. 2.18 New building permits applied for after January 1, 2014 are required to comply with the 2012 Building Code including enhanced energy efficiency requirements. As a result there was a substantial increase in building permits in December 2013. However, the corresponding increase in development charges for December 2013 was delayed. This is a result of the grace period given to developers in the beginning of January due to the shutdown of the Municipal Administration Centre over the holidays. A similar situation occurred in December 2012; however the grace period was not in affect at this time. Also in January 2014 there was a large increase in development charges collected due to OPG industrial buildings. In March there were two significant subdivisions registered as well. 3.0 CONCURRENCE — not applicable 4.0 CONCLUSION 4.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. 15-11 REPORT NO.: FND-011-14 PAGE 6 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: Nancy Taylor, BBA, CPA, CA, Director of Finance/Treasurer Attachments: Attachment "A": Summary of Operating and Expenditure and Revenue Attachment "B": Continuity of Taxes Receivable Attachment "C": Investments Outstanding Attachment "D": Debenture Repayment Schedule Attachment "E": Municipal Development Charges 15-12 O P-: 19 rl� 0 W! 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'd' h v�)n h ':O o) i iN ico cD i Ih .M c c :N ! iN M m l :W h t: i :m ;ccN LL1 17� :VI IN M M' :c i C I 1 iC HO Z I ( lE ' za W i l(. I i UF ' u) �EI W Itc , d W { ;c I O w j m ` j d j � a. W � 'Q IL ( ( !'A > i I > , idj� ' !.yam.. ' !� '> ( �°'S L ` ''R' > (n .(n � ''i �F > 'tj ' J O Z o `7itn 'ol .w o � I Z 'yi '9 o N ; U U) I+; : z U x d ! Q LL m 'd !"o ;U !� ;W i.o ;°":o � F- ml � �' i•v j tU '�dy .d �v :C7 -o ;W D.. O ' W W 7 jam ' 1- w " 'o), < ld Z w , y is l iZ .c O iC i U iW of j !d Ic ;❑ : � d C9i._ 'ar ID d ( � 1a) O ;d 1 i IZic :a ':n { Q !c €p ca a :o ; io ( a a Z +a i-o ;a! a ;� -c a ;Qi Z t ,C7 ? d d) UJ 1j [ 'w <acii roiYd 'w ( d ' �� `m �w ! jz %aciaci ;wl i❑ w j i� id ?d 10 ! Q z > 1L] iY i p ;> j [m m .rL - p ,> c ai i �Q > aiY IC :Y ' > a W I ;w w iZ F U a LL w IZ ( U (Q iw sZ ! a w `:w Z O z ' :w "w �Z 1 i 1M ! F U). i-i C- • O 15-14 z . LL ATTACHMENT"B" H:\Reports-Cash Activit 2013 Reports-Cash Activi 2013 Cash Activltv,XLS CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the First Quarter of the Year 2014- December 014December 31,2013M1CH. MARCH BEGINNING BAL. INTEREST TAXES PAYMENTS/ 2014 2013 RECEIVABLE ADDED BILLED BALANCE ADJUST."* CURRENT YEAR TAXES 5,986,643 36,303,368 42,290,011 (48,722,417) (6,432,406) .(5,364,281) PENALTY AND INTEREST 240,289 49,019 289,308 265,436 23,872 25,926 FIRST PRIOR YEAR TAXES 1,792,113 - 1,792,113 2,384,143 4,176,256 4,462,498 PENALTY AND INTEREST 150,635 199,476 350,111 (99,699) 250,412 245,645 SECOND PRIOR YEAR TAXES 277,766 - 277,766 910,653 1,188,419 1,584,399 PENALTY AND INTEREST 47,365 56,505 103,869 20,260 124,130 1 66,537 THIRD&PRIOR YEARS TAXES 111,552 - 111,552. 68,966 180,518 852,031 PENALTY AND INTEREST 57,830 12,473 70,304 2,075 72,379 248,917 SUB-TOTAL 8,664,192 317,473 36,303,368 45,285,034 45,701,453 416,419 2,221,671 PREPAID TAXES 3,727,090 TOTAL 4,937,103 317,473 36,303,368 45,285,034 45,701,453. 416,419 2,221,671 *** Includes refunds,.write-offs,357's,etc. NOTE 1: 2014 Interim Instalment months: February and April. NOTE 2: Current year taxes are in a negative position because they include taxes prepaid for the April instalment. 15-15 CORPORATION OF MUNICIPALITY OF CLARINGTON ATTACHMENT"C" INVESTMENTS OUTSTANDING As at March 31,2014 ORIGINAL ISSUER OF TYPE OF PURCHASE COST OF INTEREST MATURITY MATURITY INVESTMENT INVESTMENT DATE INVESTMENT RATE DATE AMOUNT GENERALFUND TOTAL GENERAL FUND - - CAPITAL FUND TOTAL CAPITAL FUND - NON DEV.CHARGE MONIES(including STATEG(C CAPITAL) Laurentian GIC 02-May-12 1,000,000.00 2.15% 02-May-14 1,043,462.25 BNS GIC 17-Aug-09 1,600,000.00 3.20% 17-Aug-14 1,893,626.00 (B) BMO GIC 12-Sep-11 983,080.00 1.80% 12-Sep-14 1,037,127.61 Manulife Bank GIC 20-Sep-11 742,599.00 2.05% 22-Sep-14 789,211.47 Prov Ontario STRIP BOND 05-Aug-09 999,807.77 3.35% 02-Dec-14 1,191,382.00 BMO GIC 07-Dec-10 1.,000,000.00 2.60% 08-Dec-14 1,013,000.00 (A) BNS GIC 01-Jun-12 1,500,632.00 2.35% 01-Jun5 1,608,632.21 (B) BMO GIC 26-Sep-11 624;188.00 2.00% 28-Sep 675,641.17 BMO GIC 15-Oct-13 598,890.00 1.90% 15-Oct-15 621,864.02 RBC GIC 07-Dec-11. 1,922,733.00 2.35% 07-Dec 2,109,941.00 RBC GIC 07-Dec-11 1,976,951.00 2.35% 07-Dec 2,169,438.00 BMO coupons 15-Mar-12 176,636.37 2.54% 28-Mar-16 195,351.00 ING GIC 02-May-13 1,001,980.00 1.90% 02-May-16 1,060,184.88 Manulife Bank GIG 20-Sep-11. 2,000,000.00 2.60% 20-Sep-16 2,273,876.11 BMO coupons 15-Mar-12 213,067.68 2.61% 28-Sep-16 239,375.00 ING(b/b Scotia) GIC 01-Oct-12 1,819,048.00 2.35% 03-Oct-16 1,996,160.91 Manulife Bank GIG 02-Dec-11 2,000,000.00 2.71% 02-Dec-16 2,286,091.67 Manulife Bank GIC 19-Mar-12 1,693,000.00 2.88% 19-Mar-17 1,95.1,224.70 BMO coupons 15-Mar-12 159,396.18 2.86% 28-Mar-17 183,615.00 RBC GIC 01-May-13 1,000,000.00 2.10% 01-May-17 1,086,683.24. BMO coupons 15-Mar-12 196,287.25 2.92% 28-Sep-17 230,141.00 CWB GIC 01-Oct-12 3,500,000.00 2.55% 01-Oct-17 3,969,596.54 BNS GIC 30-Oct-12 1,884,365.00 2.50% 30-Oct-17 2,131,986.04 HSBC GIC 21-Dec-12 1,121,354.00 2.40% 21-Dec-17 1,262,352.30 National Bank GIC 08-Jan-13 1,900,503.00 2.40% 08-Jan-18 2,139,776.15 National Bank GIC 12-Feb-13 1,927,464.00 2.45% 12-Feb-18 2,175,434.89 National Bank GIC 04-Mar-13 741,320.00 2.45% 05-Mar-18 836,748.00 RBC GIC 17-Mar-14 672,368.00 2.30% 19-Mar-18 736,392.86 ING GIC 25-Mar-13 1,254,427.00 2.40% 26-Mar-18 1,412,449.93 HSBC GIC 13-May-13 321,079.00 2.25% 14-May-18 358,862.84 BNS GIC 03-Jun-13 1,499,069.00 2.30% 03-Jun-18 1,679,576.51 RBC GIC 30-Jul-13 2,341,277.00 2.60% 3(Wul-18 2,661,886.92 BMO GIC 30-Sep-13 1,174,214.00 2.900/. 01-Oct-18 1,354,748.00 RBC coupons 27-Jun-13 248,068.78 2.59% 03-Dec-18 285,071.00' RBC GIC 11-Mar-14 1,084,844.00 2.50% 11-Mar-19 1,227,401.41 CWB GIC 17-Mar-14 1,000,000.00 2.50% 18-Mar-19 1,131,408.21 Prov BC Bond 11-Dec-13 2,369,685.75 2.70% 18-Dec-22 2,425,000.00 (C) NON D/C Total: 46,248,334.78 51,444,720.84 DEV.CHARGE FUNDS ONE FUND Bond 08-Aug-00 3,661,288.82 _n/_a 3,661,288.82 (D) ONE FUND Equity 31-Jan-07 , 500,000.00 n/a 500,000.00 (D) BNS GIC 20-Dec-13 -1,062,541.00 2.03% 20-Dec-16 1,128,572.22 National Bank GIC 20-Dec-13. 1,300,000.00 2.75% 20-Dec-18 1,488,855.35 Prov Ontario Bond 19-Dec-13 2,403,350.00 2.85% 02-Jun-23 2,500,000.00 (C) DC Total: 1 8,927,179.82 9,278,716.39 TOTAL INVESTMENTS $, 55,175,514.60 $ 60,723,437.23 Note'that interest is annual compounding with the exception of the following: (A) GIC Interest is paid semi-annually (B) GIC Interest is paid annually 15-16 (C) Bond interest is paid semi-annually (D) Pooled Investment Fund ATTACHMENT"D" Debenture Repayment Schedule As of January 1,2014 Year South Courtice Indoor Soccer/ RRC Green Road Newcastle Newcastle Total Arena Lacrosse CCD Space Grade Separation Library Aquatic 2014 1,081,988.50 251,407.50 107,074.68 640,000.00 103,480.98 1,783,101.25 3,967,052.91 2015 1,083,940.50 205,900.00 107,074.68 640,Q00.00 103,677.48 1,784,674.00 3,925,266.66 2016 1,083,562.50 205,900.00 107,074.68 640,000.00 103,575.48 1,785,231.50 3,925,344.16 2017 1,080,782.50 205,900.00 107,074.68 640,.000.00 104,194.48 1,785,285.25. 3,923,236.91 2018 205,900.00 107,074.68 640,000.00 556,507.98 1,784,635.50 3,294,118.16 2019 205,900.00 107,074.68 640,000.00 1,784,054.75 2,737,029.43 2020 205,900.00 107,074.68 640,000.00 1,629,375.00 2,582,349.68 2021 205,900.00 53,537.34 640,000.00 1,071,000.00 1,970,437.34 2022 205,900.00 640,000.00 1,023,750.00 2023+ 205,900.00 3,840,000.00 4,330,274.00 2;104,507.50 803,060.10 9,600,000.00 971,436.40 14,431,107.25 32,240,385.25 Principal at Jan 1/2013 5,105,000.00 1,902,000.00 764,480.59 - 861,000.00 13;207,000.00 21,839,480.59 Principal at Jan1/2014 4,120,000.00 1,670,000.00 695,677.76 6,400,000.00 800,000.00 12,002,000.00 25,687,677.76 Interest Rates 1.55%to 2.30% 4.0%" 5.12% 3.5% 3.9%to 5.2% 4.3%to 4,75% NOTE: 2014 changed to accrual basis for interest. Total budget is$3,967,052.91+225,818.39-297,496.08=$3,895,375.22 NOTE: 2014 and 2018 each require renewal of debentures for a further 5 year period unless funding is available from other sources. Partial funding at those times would reduce debenture burden for following 5 year period. 15-17 Attachment "E" MUNICIPAL DEVELOPMENT CHARGES MONTH OF MARCH 2014 2013 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNIT TYPE DEV.CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2012-2011 Single/Semi- Detached -New construction $ 933,900.00 60 $ 450,022.00 29 -Additions $ - 0- $ - 0 Townhouse $ 40,674.00. 3 $ - -0 Apartment $ - 0 $ - 0 Commercial $ - 0 $ - 0 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ - 0 TOTAL $ 974,574.00 63 $ 450,022.00. 29 116.6% MUNICIPAL DEVELOPMENT CHARGES JANUARY TO MARCH -YEAR TO DATE 2014 2013 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNITTYPE DEV.CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2012-2011 iSingle/Semi-.Detac'hed -New construction $ 2,923,682.00 189 $ 1,140,416:54 74 -Additions $ 2,928.64 2 $ - 0 Townhouse $ 284,226.00 21 $ 135,170.00 10 Apartment $ - 0 $ - 0 Commercial $ - 0 $ 63,903.61 3 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ 591,693.93 2 $ - 0 TOTAL $ 3,802,530.57 214 $ 1,339,490:15 87 183.90jo 15-18 P,31 REPORT t ,1 W yng ffi FINANCE EPA TM NT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: FND-012-14 File#: Subject: FEDERAL GAS TAX AGREEMENT WITH THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. . THAT Report FND-012-14 be received; 2. THAT the By-law contained in Attachment 1 to report FND-012-14, authorizing the Mayor and Clerk to execute, on behalf of the Corporation of the Municipality of Clarington, a Municipal Funding Agreement for the transfer of Federal Gas Tax Funds be passed ; and 3. THAT the Association of Municipalities of Ontario be advised of Council's decision. Submitted by: `ff Reviewed by: ancy aylor, BA,CPA,CA, ranklin Wu, Director of Finance/Treasurer Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-19 REPORT NO.: FND-012-14 PAGE 2 1.0 BACKGROUND 1.1 The current Amending Agreement with the Association of Municipalities of Ontario (AMO), extends to March 31, 2014. A new federal gas tax agreement framework has recently been negotiated between the Federal Government, the Government of Ontario and AMO, which requires new Municipal Funding Agreements (MFA) be executed between each municipality and AMO. Official announcements with be forthcoming. 2.0 NEW AGREEMENT 2.1 The new MFA is attached. The form and content of the agreement is not subject to negotiations and the agreement is final. Schedule "A" to the agreement shows the schedule of fund payments to the municipality for 2014 to 2018 reflecting a redistributed share based on the 2011 census and provisions for indexing commencing in 2016. 2.2 The receipt of federal gas tax funding is critical to the municipality in its ongoing capital budget and asset management planning. 3.0 COMMENTS 3.1 There are some significant improvements to this agreement over previous gas tax agreements. The annual municipal compliance audit requirements have been removed, which assists both from a reporting perspective, as well as cost savings to the municipality. It has been revised to a financial document that will be mandatory for Municipal Treasurers to take responsibility for under the new framework. Other reporting requirements have been streamlined, communications requirements have been changed and signage requirements have been amended. 3.2 Asset management is a key component of the new MFA and the requirements will be incorporated into the municipality's current asset management project deliverables. New eligible categories have been included. Council will approve project spending through the annual capital budget process, supported by asset management planning in the coming years. 3.3 Also, the new MFA incorporates the option of investing funds through the ONE Funds administered jointly by AMO and MFOA. This is reflected in the By-Law. Investment decisions will be made in accordance with the Municipality's investment policy as funds are received from AMO based upon timing of approved projects. 4.0 CONCURRENCE - Not applicable 15-20 REPORT NO.: FND-012-14 PAGE 3 5.0 CONCLUSION 5.1 The new MFA is a very positive step forward and allows for the continued receipt and usage of federal gas tax funds for eligible projects. It is recommended that the Agreement be executed in order to,expedite the payment of funds for 2014 and onwards. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: (Place an "X" in the box for all that apply) Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, BBA, CPA, CA, Director of Finance/Treasurer Attachments: Attachment 1 - By-law authorizing agreement with Association of Municipalities of Ontario List of interested parties to be advised of Council's decision: Executive Director Federal Gas Tax Fund Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON, M5H 3C6 15-21 Attachment 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Association of Municipalities of Ontario WHEREAS the Municipality of Clarington wishes to enter into an Agreement in order to participate in the Federal Gas Tax fund; AND WHEREAS the Municipality acknowledges that funds received through the Agreement may be invested in an interest bearing reserve account for a maximum of five (5) years; AND WHEREAS Section 23.1 of the Municipal Act, 2001 authorizes the municipality to delegate its powers and duties under the Municipal Act 2001, including those related to investments; AND WHEREAS the ONE Investment Program provides Ontario municipalities an opportunity for competitive investment returns and diversification of investments; AND WHEREAS the Association of Municipalities of Ontario has worked with the ONE Investment Program to develop specific investment options for the municipality's Gas Tax Funds; AND WHEREAS the Director of Finance/Treasurer confirms that the ONE Investment Program complies with the Corporation's investment policies and goals; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute this Municipal Funding Agreement for the transfer of Federal Gas Tax Funds between the Association of Municipalities of Ontario and the Corporation of the Municipality of Clarington, as in Attachment "A" attached hereto. 2. THAT the Corporation authorizes the appointment of the Association of Municipalities of Ontario, as the Municipality's delegate for the investment of the municipality's Gas Tax Funds in the specific Gas. Tax investment options offered through the ONE Investment Program. BY-LAW passed in open session on this 12th day of May 2014. Adrian Foster, Mayor C. Anne Greentree, Deputy Clerk 15-22 Attachment A MUNICIPAL FUNDING AGREEMENT -:FOR THE TRANSFER OF FEDERAL GAS TAX'FUNDS This Agreement made in duplicate as of 1st day of'April, 2014. gETVVEEN: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as "AMO") AND.- THE ND: THE MUNICIPALITY OF CLARINGTON (a municipal corporation pursuant to the Municipal Act, 2009,'referred to herein as the "Recipient") WHEREAS the Government of Canada makes up to $2 billion per year available for allocation by the Government of Canada for the purpose of municipal, regional and First Nations infrastructure starting in the fiscal year beginning on April 1, 2014 under Section 161 of Keeping Canada's Economy and Jobs Growing-Act, S.C. 201 1,'c. 24; WHEREAS Canada, the Province of Ontario, Ontario municipalities as represented by AMO and Toronto are.signatories to the administrative agreement on The Federal Gas Tax Fund on April 1, 2014 (the "Canada-Ontario-AMO-Toronto Agreement"), whereby AMO agreed to administer federal gas tax funds made available to Ontario municipalities, excluding Toronto, pursuant to the Canada_Ontario-AMO=Toronto Agreement on behalf of Canada, YApHE�"t--1-1 the Canada-Ontario-AMO-Tc-ron�to Agreement contains a framework for the transfer of federal gas tax funds to Ontario municipalities represented by AMO and Toronto to provide stable, reliable and predictable funding for municipal infrastructure purposes; VNINEREAS the Recipient wishes to enter into this Agreement in order to participate in the federal Gas Tax Fund; VI`HERE :S AMO is carrying out the fund administration and coordinating role in accordance with F its obligations set out in the Canada-Ontario-;Pti�EO-Toronto Agreement and itwill accordingly undertake ceiiain activities and require Recipients to undertake activities as set-put 'in this Agreement. THEREFORE the Parties agree as follows: ?. DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement(including the cover.and execution pages and all of the schedules), the following terms shall have the meanings 1 . 15-23 ascribed to them below unless the subject matter or context is inconsistent therewith: "Agreement" means this Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance. with the provisions hereof. "Annual Report" means the duly completed report to be prepared and delivered to AMO as described in Section 7.1 and Section 1 of Schedule D. "Asset 'Management Plan" means a strategic document that-'states how a group of assets are-to be managed over a period of time. The plan describes the characteristics and condition 'of infrastructure assets, the levels of service expected from them, planned actions to ensure'the assets are providing the expected level of service, and financing strategies .to implement the. planned actions. The plan may use any appropriate format, as long as it includes the information and analysis' required to be in a plan as described in Ontario's Building Together: Guide for Asset Management Plans. "r�A-isvo4:�a�[47 of 111:..nicipalit:Gs Coo Ontario (AP410)" means a legally incorporated entity under the Corporations Act, 1990 R.S.O. 1990, Chapter c.38. ."Base Amount" means an amount reflecting total municipally-funded capital spending on Infrastructure between January 1, 2000 and December 31, 2004 less: (i) monies raised (during that period) under the Development Charges IAct, 1997 S.O, 1997, c.27; and (ii) monies received (during that period) by Municipalities under federal and provincial infrastructure programs against which S investments of Funds will be measured to ensure that°investments of Funds are incremental. "Canada" means Her Majesty in Right of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. "Eligible Erpenditures" means those expenditures described as eligible in Schedule C. ECMEY6EF Pf oeEa" means.projects.as described in Schedule . 66�f Me Recipient" means: (a) a Municipality or its.agent (including its wholly.owned corporation); and (b) a non-municipal entity, including for profit, non-governmental and not-for profit organizations; on the condition that the Municipality(Ees) has (have) Indicated support for the project through a formal by-law passed by its (their) council(s) 2 15-24 "Event of Default" has the meaning given to it in Section 12.1 of this Agreement. "First Agreement" means the Municipal Funding Agreement for the transfer of federal gas tax revenues under the New Deal for Communities entered- into-by AMO and the MUNICIPALITY OF CLARINGTON, with an expiry date of March 31, 2015. "Funds" mean the Funds made available to the Recipient through the Gas Tax. Fund, a.program established by the Government of Canada under Section 161 of th6 Keeping Canada's Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by Section 233_of the Economic Action. Plan 2013 Act, No. 1, S.C. 2013, C..33 or any other source of funding as determined by Canada. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. For greater. certainty: (i) Funds transferred to another Municipality in accordance.with Section 6.2 of this Agreement, other than as set out.in Sections 7.1(a), (c) and (1, are to be treated as Funds by the Municipality to which the. Funds are transferred and are -not to be treated as Funds by the- Recipient; and (ii) any Funds transferred to a non-municipal entity in accordance . with Section 6.3 of this Agreernent shall rennain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of . this Agreement with respect to such transferred Funds. "Irelioible Expenditures" means those expenditures described as ineligible in Schedule C. "Infrastructure" means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Ontario,. "Lower Tier Municipality" means a municipality that forms part of an upper-tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001 c.25. .";`lunicipal Fiscal ear" means the period beginning January 11t of a year and ending December 311t of the same year. E EWinicipality" and "Municipalities" means every municipality as defined under the Municlpai Act, 2001 S.O. 2001 c.25, "One.-Investment Program" means the co-investment program operated jointly by Local Authority Services, an incorporated subsidiary of AMO and CHUMS F ilial icing Corporation, an Incorporated VVI lolly-owl led subsidiary of the Municipal Finance Officers' Association of Ontario. "Outcomes, Report" means the report prepared and delivered to AMO by the- Recipient by March 31, 2017 and again by March 31, 2022 which reports on how Funds are supporting progress towards achieving the program benefits, 'more specifically described in Schedule D. "Oversight Committee" means the committee established to monitor the overall implementation of the Canada-Ontario-AMO-Toronto Agreement. 3 15-25 "Parties" means AMO and the Recipient. "Recipient" has the meaning given to it on the first page of this Agreement. "Third Party" means aay.person or legal entity, other than the Parties Jo this Agreement who participates in the implementation of an Eligible Project by means of a Contract. "Transfer By-law" means a by-law passed by :Council of the Recipient pursuant to Section 6.2 and delivered to AMO in accordance with that section. "Unspent Funds" means the amount reported as unspent by the Recipient as of December 31, 2013 as submitted in the Recipient's 2013 Annual Expenditure Report (as defined under the First Agreement). "Upper Tier Municipality" means a Municipality of which two or more lower-tier municipalities form part for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001 c.25. s teirpr tat E. _ - 1.2 . :n«:F:e««en�. - Herein, etc. The words "herein", "hereof' and °hereunder" and other words of similar import refer to this Agreement as a whole and not any particular schedule,: article, section,.paragraph or other subdivision of this Agreement. C,urrer�cy. Any reference to currency is to Canadian currency and any amount advanced,.paid or calculated is to be advanced, paid or calculated in Canadian currency. Statutes. Any reference to a federal or provincial statute is to such statute and to the regulations rnade pursuant to such statute as-such statute and regulations may at any. time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations, Gender, singular, e$c. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. • TERNII Of AGREEMENT 2.1 Tcri�o. SlEbjc%t to any extension Cr termination of this Agreement Cr the aldrt/ivul of any of the provisions of this Agreement pursuant to tile, provisions ,contarned herein, this Agreement shall be in effect from the date Bet out on the first page of this Agreement, up to and including March 31, 2024.. 2.2 Review. This Agreement will be reviewed by AMO by December 31, 2013. 2.3 Amendment. This Agreement may be amended at.arly time in writing as agreed to by AMO and the Recipient. 4 ? 15-26 2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written notice. ` . 2.5 The Parties- agree that the First Agreement, including.section 15.4 thereof, is hereby terminated. 'Notwithstanding the termination of the First Agreement, including section 15.4, the reporting and indemnity obligations of the Recipient thereunder with respect to expended Funds governed by the First Agreement as set forth in sections 5, 7, 10.4, 10.5 and 10.6 of the First Agreement shall survive the said termination. 3. RECIPIENT REQUIREMENTS 3.1 Communications, The Recipient will comply with all requirements outlined in Schedule E, including: (a) Providing- upfront project information on an annual basis for communications purposes.; (b) Including Canada in local project communications; and (c) Installing federal project signs. 3.2 Incrementality. Any Funds that the Recipient may receive from Canada are not - intended to replace or displace existing sources of funding for the Recipient's tangible .capital assets. The Recipient will ensure that its total annual expenditures on tangible capital assets over the life of the Agreement, on average, will not be less than the Base Amount. 3.3 Contracts. The Recipient will award and manage all Contr acts in accordance with its relevant policies and procedures and,. if applicable, in accordance with the Agreement on Internal Trade and applicable international trade agreements, and all other applicable laws. (a) The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4.1 Eligible 'P�oeot Cutegosice. Eligible Projects include investments in Infrastructure for Its ,construction, renewal or material enhancement in the c�.!teggries of public transit, local roads and bridges, wastewater, water, solid . waste, community energy systems, capacity building, local *and regional airports, short-line rail, short-sea shipping, disaster mitigation,' broadband connectivity, brownfield redevelopment,.cultural, tourism, sport and recreational infrastructure, as more specifically described in Schedule B and Schedule,C. 4.2 Recipient Fully Responsible. The Recipient is fully responsible for. the' . completion of each Eligible: Project in accordance with Schedule B and Schedule C. 5 15-27 S. ELIGIBLE EXPENDITURES 5.1 Eligible Expenditures. Schedule C sets out specific requirements.for Eligible and Ineligible Expenditures. 5.2 Discretion of Canada. Subject to Section 5.1, the eligibility of any items not -listed in Schedule B and/or Schedule C to this Agreement is solely at fhe discretion of Canada. .5.3 . Unspent Funds. Any Unspent Funds, and any interest earned there,_n,,.will be subject to the terms and conditions of this Agreement, and will no longer be governed by the terms and conditions of the First Agreement. 5.4 Reasonable Access. The Recipient shall allow'AMO and Canada reasonable and timely access to all documentation, records and aacco.unts and those of thein respective agents or Third Parties related.to the receipt, deposit and use of Funds and Unspent Funds, and any interest earned 'thereon, and all other relevant information and documentation requested by AMO or Canada or their respectiye designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 5.5 ©etenEron of Receipts. The Recipient will keep proper and accurate accounts and records of all Eligible Projects including invoices and receipts for Eligible Expenditures in accordance with the Recipient's municipal records.retention by- law and, upon reasonable notice, m ake them available to AMO and Canada. 6. FUIIDS 6.1 Allocation of f=unds. AMO will allocate and transfer Funds that Canada may make available for Ontario Municipalities to Recipients on a per capita basis with allocations made on a 50:50 basis to upper-tier and lower-tier Municipalities, where they exist. `T nes` a i ��� Is �� r1r111_;c r n1;4-� / a decides allocate 62 T ra,,„e, o , u,vu� � a ,n,..,,,. iN�„��s. Where a Recipient. cid to locat and transfer Funds to another Municipality (the "Transferee Municipality"): (a) The allocation and transfer'shafi be authorized by by-law (a "Transfer By-law"). The Transfer By-law shall be passed by the Recipient's council and submitted to AMO as soon thereafter as practicable. The Transfer By-law small identify the Transferee.Municipality and'-he amount of Funds the Transferee Municipality Is t, receive for the ItiiurllCipal Fiscal Year specified in the Transfer By-law. (b). The Recipient is still required to subrmit-an Annual Report in accordance . With Sections 7.1 (a), (c) and (f), hereof with respect to the Funds transferred. (c) No transfer of Funds pursuant to this Section 6:2 shall .be effected unless and until the' Transferee Municipality has either (i) entered into an agreement with AMO on substantially the-same terms as this Agreement, or. (ii) has executed and delivered to AMO a written undertaking to 6 15-28 r assume all of the Recipient's obligations under this Agreement with respect to the Funds transferred; in a form satisfactory to AMO. 6.3 Transfer of Funds to a non-municipal entity..Where- a Recipient decides to support an Eligible Project undertaken by an Eligible Recipient that is not a Municipality: (a) The. provision of such support shall be authorized by a by-law (a "Non- municipal Transfer.By-law"). The Non-municipal Transfer By-law shall be passed by the Recipient's council and submitted to AMO-as soon as practicable thereafter. The Non-municipal Transfer By-law shall identify the Eligible Recipient, and the amount of Funds the Eligible Recipient is to receive for that.Eligible Project. (b) The Recipient shall continue to be bound by all of the provisions of this Agreement notwithstanding any such transfer. (c) No transfer of Funds pursuant to this Section 6.3 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered,-to AMO a written undertaking to assume all of the Recipient's obligations-under this Agreement with respect to the Funds transferred, in a form satisfactory to AMO. 6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are-intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. 6.5 Schedule of payout of Funds. The Recipient agrees that all Funds are to be transferred by AMO to the Recipient as set out in Schedule A. Subject to Section 6.,l�, AMO will transfer Funds twice yearly, on or before the dates agreed upon by Canada and AMO, and, more specifically on the basis.set out in Schedule A. 6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund or other separate distinct interest bearing account or invest the Funds through the One Investment Program or any other eligible investment permitted by the Ontario Municipal Act, 2601 and shall retain the Funds in -such reserve fund, account or investment until the Funds are expended or transferred in accordance with this Agreement. The Recipient shall ensure that:' (a) any investment of unexpended Funds will be in accordance with Ontario laver and the Recipient's Investment policy; and, (b) any interest earned on Funds will only be applied to Eligible Expenditures for Eligible Projects, more specifically on the basis set out in Schedule B and Schedule C. 6.7 Funds advanced. Funds transferred by AMO- to the Recipient shall be expended by the Recipient-in respect of Eligible Expenditures within five (5) years after the end of the-year in which Funds were received. Unexpended Funds shall not be retained beyond such five (5) year period. AMO reserves the- right to declare that Unexpended Funds after five (5) years become a debt to 7 15-29 Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to.Canada. 6.8 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2028. 6.9 GST & HST. The use of Funds is based on the net amount of goods and services tax or harmonized sales tax to be paid by the Recipient net of any applicable tax rebates. 6.10 Limit on Canada's Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Expenditures :of an Eligible Project: 6.11 . Federal Funds. The Recipient agrees that any Funds received will be treated.as federal funds for the purpose of other federal infrastructure programs. 6.12 Stacking. If the Recipient- is receiving federal funds under other federal infrastructure. programs in respect of an Eligible Project to.which the Recipient wishes to apply Funds, the maximum federal contribution limitation set out in any other federal infrastructure program agreement made iii respect of that Eligible Project shall continue to.apply. 6.13 1.Vithholding Payment. AMO may withhold payment of Funds where the Recipient is in default of compliance with any provisions of this Agreement. 6.14 Insufficient funds pprovided by Canada. Notwithstanding Section 2.4, if Canada does not provide sufficient funds to continue the Funds for any Municipal Fiscal Year during which this Agreement is in eiiect, AMO may terminate this Agreement. 7. REPORTING REQUIREMENTS 7.1 AnnualR^.;o rt The Recipient shall report in the form in Sched0le D due by March 31St following each Municipal Fiscai Year on: (a) the amounts received from AMO under this Agreement in respect of the previous Municipal Fiscal Year; '(b) the amounts received-from-another Municipality; (c) the amounts transferred to another Municipality; (d) amounts paid by the.Recipient in aggregate for'Eligible Projects; (e) amounts held at year. end by the Recipient in aggregate, including interest, to pay for Eligible Projects; (f) indicate in a narrative the progress .that the .Recipient has made in meeting its commitments and contributions; and, 8 15-30 (g) a listing of all Eligible Projects that have been funded, indicating the location, investment category, project description, amount of Funds and total.project cost. 7.2 Outcomes Report.. The Recipient shall account. in writing for outcomes achieved as a result of the Funds through an Outcomes Report to be submitted for AMO. Specifically the Outcomes Report shall describe; in a -manner to be provided by AMO, the degree to which investments in each Eligible Project are s�pportin progress towards achieving: (a) beneficial impacts on communities of completed Eligible Projects; and (b) enhanced impact of Funds as a predictable source of.funding. �. ASSET MANAGEMENT 8..11 Asset Managernent Pharr. The Recipient will develop and implement an Asset Management Plan prior to December 31, 2016. 8.2 Outcomes. On a date and in a mannerio be determined by AMO, the Recipient r Iff provide a.report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 9. CE. RDS AND AUDIT 9.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accor dance with generally accepted accounting principles (GAAP) in effect in Ontario. CARP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector.Accounting Board or the Canadian Institute of Chartered Accountants or any successor institute applied on a consistent basis. 9.2 _Separate Records. Th*e Recipient shall maintain .separate records and documentation for the Funds.and keep all records including invoices, statements, receipts and vouchers in respect of Funds.expended on Eligible Projects in accordance with the Recipient's municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the.Fwt i.ds to AMO and Canada for inspection or audit. 9.3 cl rna; Auditor. AMO and/or Canada may request; upon written notification, an audit of-Eligible Project or an Annual Report. AMO.shall retain an external auditor to carryout an audit of the material referred to in Sections 5.4 and 5.5 of this Agreement. AMO shall ensure that any auditor who conducts an audit pursuant to this Section of this Agreement or otherwise, provides a:copy of the audit report to the Recipient and Canada at the sante time that the audit report is given to AMO. 9 15-31 10. INSURANCE AND INDEMNITY 10.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the term of.this Agreement all the necessary insurance with respect to each Eligible Project, including any Eligible Projects with respect to which the Recipient has transferred Funds pursuant to Section 6 of this Agreement, that would-be considered appropriate for a prudent .Municipality undertaking Eligible Projects, including, where appropriate and without limitation, property, construction and liability insurance, which insurance coverage shall identify Canada and AMO as-additional insureds for the purposes of the Eligible Projects. 10.2 Certificates of Insurance. Throughout the term:of this Agreement, the Recipient shall .provide AMO with a valid certificate of insurance that confirms compliance with the requirements of Section 10.1. No Funds shall, be expended. or transferred pursuant to this Agreement until such certificate has been delivered to AMO. 10.3 A IVOC €'bt liable- In no event shall Canada or-AMO be liable for: (a) any bodily injury, death or property damages to the Recipient, its employees, agents or consultants or for any.claim, demand or action by any Third Party, against the Recipient,. its employees, agents or consultants, arising out of or in any way related to this Agreement; or (b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to .the Recipient, its employees, agents or consultants arising out of any or in any way related to this Agreement. 10.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any time, hold Canada, its officers, servants, employees or agents responsible for any claims or losses of any kind that the Recipient, Third Parties or any other person or entity may suffer in relation to any matter related to the,Funds or an El:tgtble Project and that the Recipient willr_at all times, compensate Canada, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to the funds or an Eligible Project. The Recipient's obligation to compensate as set out in this section does not apply to the extent to which such claims or losses relate to the negligence of an officer, servant, employee, or agent, of Canada in the performance of his or her duties. 0.5 ip' - I' ;� AS I` t' Recipient hereby agrees to indemnify and 1 t €� ti � iE€ Bert€�`. ate. x he hold harmless AMO., its officers, servants, employees or agents (each of which is called an "Indemnitee"),from and against-all claims, losses, damages, liabilities and related expenses including the fees :charges and .disbursements of any counsel for any Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by whomsoever brought or prosecuted in any manner based upon, or occasioned by, any injury to persons, damage to or loss or desfruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from: 10 15-32 (a) : the Funds; (b). the Recipient's Eligible Projects, including the design, construction, operation, maintenance and repair of any part or -all of the Eligib`149r Projects; (c) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees and agents, or by a Third Party, its officers, servants, employees, 'or agents; and (d) any omission, or other wilful or negligent act of the Recipient or Third Party-and their respective officers, servants, employees or agents. 1 TRANSFER-AND OPERATION OF MUNICIPAL INFRASTRUCTURE 11.1 Reinvestment. The.Recipient will invest into Eligible Projects, any revenue that is generated from the sale,'lease,- encumbrance or other disposal of an asset resulting from an Eligible Project where such disposal takes,place within five (5) years of the date of completion of the Eligible Project. 11.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time during the five .(5) years following the date of completion of an Eligible Project if it is sold,1eased, encumbered or otherwise disposed of. 11.3 Public Use. The Recipient will ensure' that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered or otherwise disposed of, remains primarily for public use or benefit. 2. DEFAULT AND TERMINATION 12.1 Event of Default. AMO may declare in writing that an event of default has occurred when the Recipient has not'complied with any condition, undertaking or term in this Agreement: AMO will not declare in writing that an event of default has occurred unless it'has first consulted with the Recipient. Each and.every one of the following events is an "Event of Default": (a) failure by the Recipient to deliver in a timely manner an Annual Report or Outcomes Repor-L (b) delivery of an Annual Repot that discloses non-compliance with any cond"ition, undertaking or material term in this Agreement. (c) failure by the Recipient to co-operate in an external audit undertaken by AMO or its agents. (d) delivery .of an external-audit report that discloses non-compliance with any condition, undertaking or term in this Agreement. (e) failure by the Recipient to expend Funds in accordance with Section 6.7. 11 15-33 12.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within thirty (30) calendar days of receipt of the notice, either corrects the default or demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such steps as are necessary to correct the default. 12.3 Remedies on default. If AMO declares that an Event of Default has occurred under Section 12.1, after thirty (30) calendar days from .the Recipient's receipt of the notice of an Event of Default, it may immediately terminate or suspend its obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds if AMO is satisfied that the default has been cured. 1214 Repayment of Funds.' If AMO declares that an Event of Default has not been cured to its satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada. 13. CONFLICT OF INTEREST 13.1 No conflict of interest. The Recipient will ensure'that no current member of the AMO.Board of Directors and no current or former public servant or office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines; codes•or policies of Canada applies will derive direct benefit from the Funds, the Unspent Funds,, and interest earned thereon, unless the provision of receipt of.such benefits is in compliance with such legislation, guidelines, policies or codes. 14. NOTICE 14.1 Notice. Any notice, :Information or document provided for under this Agreement will be effectively given if in writing and.if delivered.by hand, or overnight courier, mailed, .postage or other charges prepaid, or sent by facsimile or email to the addresses, the facsimile numbers or email addresses set out in Section 1.4.3. Any notice that is sent by hand or overnight courier service shall be deemed to havb"been given when received; any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed; any notice sent. by facsimile.srall be deemed to have been given when sent; any notice sent by email shall be deerned to have been received on the sender's receipt of an acknowledgment from the intended recipient (such as by the "return 'receipt requested" function, as available, return email or other written acknowledgment), provided that in the case of a notice sent by facsimile or email, if it is not given on a business day before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m. on the next business day for the recipient. 14.2 Representatives. The indiViduals identified in Section 14.3 of this Agreement, in the first instance, act as AMD's or the Recipient's, as..the case may be, representative for the purpose of implementing this Agreement. 14.3 Addresses for Notice. Further to Section 14.1 of this Agreement, notice can be given at the follovdin.g addresses: 12 15-34 (a) If to AMO: Executive Director Federal Gas Tax Fund Agreement Association of Municipalities.of Ontario 200 University Avenue, Suite.801 Toronto, ON-M5H-6C6 Telephone: 416-97'1-9856 Facsimile: 416-971-6191 Email: gastax@amo.on.ca (b) If to the Recipient: N5hcy Taylor Director of Finance/Treasurer MUNICIPALITY OF CLARINGTON 40 Temperance Street, Bowmanville, ON L1 C 3A6 Telephone: (905) 623-3379 Facsimile: (905) 623-0830 Email: ntaylor@clarington.net 15. MISCELLANEOUS 15.1 Counterpart Sionat€rre. This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an.original Agreement. 15.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement,will continue to be valid and enforceable. 15.3 Alaiver. AMO may waive any right in this-Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver.of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may [ave under this Agreement or under the law. 15.4 G over ring Lavvr. This, Agreement shall be governed by and construed in ' accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.5 Survival. The Recipient agrees'that the following sections and provisions of this Agreement shall.extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 5, 6.7, 6.8, 7, 10.44, 10.5, 11, 12.4 and 15.8. 13 15-35 15.6 AMO, Canada and Recipient independent. The Recipient will ensure its actions do not establish or will not be deemed to establish a partnership, joint venture, principal-agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Canada and the Recipient, between AMO and the Recipient, between Canada and a Third Party or between AMO and a Third Party. 15.7 No Authority to Represent. The Recipient will ensure that it does not represent. itself, including in any agreement with a Third. Party, as:a.partner, employee or agent of Canada orAMO. 15.8 Debts Due to AMO. Any amount owed'Under this Agreement will constitute a debt due to AMO, which the Recipient will reimburse forthwith,.on demand, to AMO. 15.9, Priority. In'the event of a conflict, the part of this Agreement 'that precedes the signature of the Parties will take precedence over the Schedules. 16. SCHEDULES 16.1 This Agreement, including: Schedule A Schedule of Fund Payments Schedule B Eligible Project Categories Schedule C Eligible and Ineligible Expenditures Schedule D Reporting Schedule E Communications constitute the entire agreement between the Parties with respect to the subject majter contained in this Agreement and supersedes all prior oral or written representations and agreements. 17. SIGNATURES IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed and delivered this Agreement on the date set out on the front page. RE�-e PI ENS rFEeIIE: MUNIirel*AE6€G F OF CLARF �=T0.. . By: 1 Name: Date Affix Title: .Corporate Seal 14 15-36 Name: Date Title: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO .. By: • Affix Title. 'Executive Director Date Corporate Seal In the presence of: Witness: Date Title: 15 15-37 SCHEDULE A SCHEDULE OF FUND PAYMENTS RECIPIENT'S NAME: MUNICIPALITY OF CLARINGTON The following represents an estimate of the Funds and schedule of payments for the first five.(5) years of the Agreement. Year Schodule of Fund Payments Payment#1 Payment#2 2014 $1,224,061.16 $1,224,061.16 . 2015 $1,224,061.16 $1,224,061.16 2016 $1,285,264.22 $1,285,264.22 2017 $1,285,264.22 $1;285,264.22 2010 . $1,346,467.28 $1,346,467.27 An estirnate of the Funds and schedule of payments for the latter five (5) years of the Agreement (2019-2023)will. be provided following the review and amendment procedures specified in Section 2.2 and 2.3. 17 15-39 SCHEDULE B' ELIGIBLE PROJECT CATEGORIES Eligible Projects include investments in Infrastructure for its construction, renewal or material enhancement in each of the following categories: 1. Lcrcal roads and bridges — i.e. roads, bridges, tunnels, - highways and active - transportation infrastructure (active transportation- refers to investments that. support , active methods of travel. This can include: cycling lanes and paths,- sidewalks, hiking ' and walking trails). - 2. Public transit = i.e, a shared passenger transport system which is available for public use. 3. Drinking Water — i.e, drinking water conservation, collection, treatment and distribution systems. 4. Wastewater — i.e. wastewater and storm water collection, treatment and management systems. 5. Solid waste - i.e. solid waste management systems including the collection, diversion and disposal of recyclables, compostable•materials and garbage. 6. Community energy systems — i.e. infrastructure that generates or increases the eff ic'ient usage of energy. 7. Capacity building - i.e. investments related to strengthening the ability of Municipalities to develop long-term planning-practives. 8. Short-sea shipping — i.e. infrastructure related to the rnovernent of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 9: Shortdine rail—i.e. railway related infrastructure for carriage of passengers or freight. .10. Regional and local airports — i.e. airport-related infrastructure (excludes the National Airport System). 11. Broadband connectivity — i.e. infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. .12. Brownfield Redevelopment i.e. remediation or decontamination and redevelopment of a brownfield site within municipal boundaries, where the redevelopment includes: (a). the construction of public infrastructure as identified in the context of any other eligible category referred to in this Schedule,,and/or; (b) the construction of municipal use public parks and publicly-owned social housing. 18 15-40 13. Sport Infrastructure — i.e. amateur sport infrastructure (excludes facilities; including arenas, which would be used as the home of professional sports teams or major junior hockey teams (e.g. Junior A)).. 14. Recreational Infrastructure - i.e. recreational facilities or networks. 15. Cultural Infrastructure_i.e. infrastructure that supports arts, humanities, and heritage. 16. Tourism Infrastructure — i.e. infrastructure that attracts travelers for recreation, leisure, ..,business or other purposes. 1:7. -Disaster mitigation — i.e. infrastructure that reduces or eliminates long-term impacts and risks associated with natural disasters: Note' Investments in health infrastructure (hospitals, convalescent and senior centres) are not eligible. 15-41 -SCHEDULE C ELIGIBLE AND INELIGIBLE EXPENDITURES 1. Eligible Expenditures 1.1 Eligible Expenditures of Recipients will be limited to the following: (a) the expenditures associated with acquiring, planning, designing, constructing or renovating a tangible capital asset, as defined by Generally Accepted Accounting Principles (GAAP), and any related debt financing charges specifically identified with that asset; (b) for capacity building category only, the expenditures related to strengthening the ability of Municipalities to improve local and regional planning including capital investment plans, integrated community sustainability plans life-cycle cost assessments, and Asset Management Plans. The expenditures could include developing and implementing: (i) studies, strategies, or systems related to asset management, which may include software acquisition and implementation; (ii) training.directly related to asset management planning; and, (iii) long-term infrastructure plans. (c) the expenditures directly associated with joint federal communication activities and with federal project signage. 1.2 Employee and Equipment Coasts: The incremental costs of the Recipient's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: (a)' the Recipient-is:-tale to demonstrate that it is not economically feasible to tender a contract; (b) the employee or equipment is engaged directly in respect of the work that. would have been the subject of the contract; and (cl the arrangement.is approved in advance and in writing by the Oversight Committee. 1.3 AMM as Agreernent AdYninistrator: Up to 0.5% of the total funds will used by 1.1`40 to undertake the administrative responsibilities to implement tf�e Agreement and to undertake related capacity building and program delivery including expenditures associated with communication activities such as public project- announcements roject..announcements and signage. Canada will review and accept AMO's detailed business case submitted in accordance with the Canada-Ontario-'AMO-Toronto Agreement prior to undertaking the administrative and.related activities. 20 15-42 2. 'Ineligible Expenditures The following are deemed Ineligible Expenditures: (a) project expenditures incurred before April 1, 2005; . (b) project expenditures incurred before April 1, 2`014 for the following Eligible Project categories: (i) regional and local airports; (ii) shod-line rail; (iii) short-sea shipping; (iv) disaster mitigation; (v) broadband connectivity; (vi) - brownfield redevelopment; (vii) cultural infrastructure; (viii) tourism infrastructure; (ix) sport infrastructure; and (x) recreational infrastructure. (c) the cost of leasing of equipment by the Recipient, any overhead costs including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs of Recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with Eligible Expenditures above; (d) taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates; (e) purchase of land or any interest therein, and related-costs; (f) legal fees; and (g) routine repair and maintenance costs. 21 15-43 SCHEDULE D REPORTING 1. Annual Report By March 31 st of each year, the Recipient will provide to AMO an Annual Report in an electronic format-deemed acceptable to AMO, consisting of the following: :. (a)' Financial Reporting Table: The financial report table will be submitted in accordance with the following template: Annual Cumulative Annual Report Financial"Table 20zX. =201.4 _Opening Balance $xxx Received from AMO _. ,$xxx $xxx $xxx Interest Earned $xxx - - - - Received from.a Municipality >::-.$xxx - $xxx p y.,. Transferred to a Munici Blit xxx Spent cn Eligible Projects (for: each Eli ible Pro'ect.cateaoi Closing 1844hce of.unspent _- funds. (b) Project List.-,The Recipient will provide to AMO a project list submitted in accordance with the following template: Eligible Pr©jeer, Project Te�E�I Fu'ids (ATF) Reelpies�t Project �€�tnpletpcl Title Des-Ov Eon Rrotect C-lost :Spent :. . .categc:�o, (Yes/No/Ongoing) (Yes/No/Ongoing) (Yes/No/Ongoing) 1 For.the 2014 Annual Report this means the amount reported as unspent by the Recipient at December 31, 2013 as reported in the 2013 Annual Expenditure Report(as defined under the First Agreement). 22 15-44 2. Project Outcomes. The Outcomes Report shall outline, in a manner to be provided by AMO, the degree to which investments in.each project are supporting progress towards achieving: (a) Beneficial impacts on communities.of completed Eligible Projects; and (b) Enhanced impact of Funds as a predictable source of funding. 3. Asset Management Outcomes. On a date and in a manner to be determined by AMO, the Recipient will provide a report to AMO demonstrating that Asset Management Plans are being used to guide infrastructure planning and investment decisions and how Funds are being used to address priority projects. 23 15=45 SCHEDULE COMMUNICATIONS PROTOCOL 1. Purp6se. The provisions of this Communications Protocol apply to all communications activities related to any Funds and Eligible Projects. CommOnications activities may include, but are not limited to, public or media events, news releases, reports, web articles, blogs, project signs, digital s'igns, publications, success stories and.vignettes, photo.compilations, videos, advertising campaigns, awareness campaigns,-editorials, award programs', and multi-media products. 2.** Information Sharing. The Recipient agrees to provide AMP with upfront information on planned Eligible Projects and Eligible Projects in progress on an an*nual basis, in an electronic format deemed acceptable by AMO, by March 31. Information will include, at a minimum: Eligible Project name, Eligible Category,-Eligible Project description, total budgeted federal contributtbh (gas tax-) and anticipated start date. 3.. Project Signage 3.1 The Recipient may have a sign recognizing its contribution to Eligible Projects. 3.2 At Canada's request, the Recipient will install a federal sign to recognize federal funding at Eligible Project site(s). Federal sign design, content and installation guide*l[iies will be provided by Canada. 3.3 Where the, Recipient decides to install a permanent plaque or other suitable maW- df-With respect to an Eligible Project, it must recognize the federal contribution to the Eligible Project and be approved by Canada. 3.4 The Recipient is responsible for the production and installation of Eligible Project signage, or as otherwise agreed upon. 3.5 The Recipient agrees to inform AMO of signage installations, in a manner determined by AMO. 4. Media EventS and Annot-mcements for Eligible Projects 4-J Tfie Recipient agrees to have regular announcements of Eligible Projects that are benefitting from the Funds that may be provided by Canada. Key milestones may be marked by public events, news releases and/or other mechanisms. 4.2. Media events and announcements include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. 4.,3 Canada, AMO or the Recipient,.may request a media event or announcement. 4.4 Media Events and announcements related to Eligible Projects will not occur without.the prior knowledge and agreement of AMO, Canada and the Recipient. AMO as administrator will ensure.prior knowledge and agreement of other signatories to the Canada-Ontario-AMO-Toronto'Agreement. 24 15-46 4.5 Canada., AMO or the Recipient in requesting a media event or an announcement will provide at least 21 working days'.notice to the Parties of their intention.to undertake such an event. Theevent will take place at a date and location that is mutually agreed to by the Recipient, AMO and Canada. The AMO, Canada and. the Recipient will have the opportunity to participate in such events through a designated.representative. Each participant will choose its designated representative. 4.6. . The conduct of-all joint media events,,announcements and products will follow. - the Table of Precedence for Canada as outlined at the current Government of Canada website.' 4.7 All joint communications material related to media events and announcements must be approved by Canada and recognize the funding of all contributors. 4.8 All joint communications material must reflect Canada's policy on official languages and the federal identity program. 5.. Proigrahi Com. munications 5.1 The Recipient may include messaging in its own communications products and activities with regards to the use of Funds. 5.2 When undertaking such activities, the Recipient will provide the opportunity for AMO and Canada to participate and will recognize the funding of all contributors. . 5.3 Canada and AMO agree that they will not unreasonably restrict the Recipient from: (i) using, for its own purposes, public communications products related to the Funds.prepared by Canada or AMO ("Ce�Me= unication r roduets") or, (ii) linking to web-based Communication Products. 5.4 Notwithstanding Section 4 of Schedule E, Canada retains the right to meet its obligations to communiclate information to Cbn'adians about the use of Funds through communications products and activities. 6. Operational Corrinnunications 6 4% The Recipient is solely responsible for operational communications with respect to the Eligible Projects, including but not limited to, calls for tender, construction and public safety notices. Operational communications as,described above are not subject to the federal official languages policy. 6.2 The Recipient will share information promptly with Canada and AMO should significant emerging media or stakeholder issues relating to an Eligible Project arise. AMO will advise Recipients, when appropriate, about media.inquiries received by it concerning an.Eligible Project.and,.when appropriate, other signatories to the Canada-Ontario-AMO-Toronto Agreement will advise the 'Recipient about media inquiries, concerning an Eligible Project. 7. Corrrnunicatir►g Success Stories. The Recipient agrees to communicate with Canada and AMO for the purposes of collaborating on communications.activities and produces 25 15-47 including.but not limited to Eligible Project success stories, Eligible Project vignettes, and Eligible Project start-to-finish features. 8. Advertising.Campaigns. Recognizing that advertising can bean effective means of. communication with the public, the Recipient may, at its own cost, organize an advertising or public information campaign related to the use of the Funds or the.Eligible Projects. However such a campaign must respect the provisions of this Agreement. In the event of such a campaign, the Recipient agrees to inform Canada and AMO of its intention, and to inform them no less than 21 working days prior to the campaign launch. 26 15-48 C1aFjRgt0fi FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: FND-013-14 File#: Subject: BOWMANVILLE INDOOR SOCCER DEBENTURE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-013-14 be received; and 2. THAT the Director of Finance/Treasurer be authorized to make application to the Region of Durham for the debenture of the Bowmanville Indoor Soccer balloon payment in the amount of $1,426,000 over a 10 year period. Submitted by: i Reviewed by: Nancy Taylor, BBA,CPA,CA, ranklin Wu, Director of Finance/Treasurer Chief Administrative Officer NT/LG/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-49 REPORT NO.: FND-013-14 PAGE 2 1.0 BACKGROUND 1.1 On May 10, 2004, Clarington Council approved the contract award to construct the Bowmanville Indoor Soccer facility and authorized the Director of Finance/Treasurer to make debenture application in the amount of$3,350,000 plus debenture costs to the Region of Durham for the financing. 1.2 In July 2004, the Region of Durham forwarded the debenture cheque and a certified copy of a 10 year installment debenture in the amount of $3,350,000 with $1 ,426,000 of which may be raised by the issue of refinancing debenture or paying off the final year of maturity in 2014. 1.3 The Bowmanville Indoor Soccer facility is a development charges related project with 90% of costs funded from the Indoor Recreation Development Charges Reserve Fund. 2.0 COMMENTS 2.1 The Region of Durham will be issuing debentures this spring for its own purposes and its area municipalities, including Clarington. 2.2 The Bowmanville Indoor Soccer balloon payment is due July 15, 2014, therefore, Clarington needs to be part of the Region of Durham's spring debenture issue. 2.3 The balloon payment is being refinanced to ease the annual debt servicing costs that are funded by the Indoor Recreation Development Charges Reserve Fund. 2.4 The new debenture term for Clarington will be 10 years and it's anticipated that the interest rates will be between 3% to 5%. 2.5 This new debenture for Bowmanville Indoor Soccer facility in the amount of $1,426,000 is to be financed over the next 10 years, with the debenture repayments to be funded from the Indoor Recreation Development Charges Reserve Fund to the extent allowable. 3.0 CONCLUSION 3.1 It is recommended that the Director of Finance/Treasurer be authorized to make debenture application this spring to the Region of Durham for the Bowmanville Indoor Soccer balloon payment in the amount of $1,426,000 over the next 10 years. CONCURRENCE — not applicable 15-50 REPORT NO.: FND-013-14 PAGE 3 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: Nancy Taylor, Director of Finance/Treasurer List of Interested Parties to be notified of Council's Decision: None i i 15-51 Communications Item (A) Dr. Robin Jeffrey Attention: Mayor Foster, Members of Council, Clerk's Office I would like to take this opportunity to speak to the zoning by-law amendment file no. ZBA 2014-0003 submitted by Smith,Abernethy and Abernethy concerning 190 Church Street, Bowmanville. My greatest concern as a business owner in close proximity is the wish of the owners to have the required number of parking spaces reduced from 8 to 3. The 3rd spot is proposed to be inside a small shed on the property with the other 2 spots behind that. It is unrealistic to assume the shed spot will be utilized and tandem parking is inconvenient and unlikely at best. I field constant complaints about parking in'my office. Frequently during the day street parking on Church Street as well as Silver Street, Temperance Street and King Street are taxed as well as the municipal lots. Most days the municipal lot on the NE corner of Church and Silver is full and people are illegally parked on Silver Street. With children being dropped off and picked up twice a day to and from Pine Ridge nursery school the traffic and parking situation can become dangerous. Two new businesses have also opened up fairly recently at 181 Church Street and street parking is further stressed. The owners of 190 Church Street have suggested that"the existing driveway and garage can accommodate three in-tandem parking spaces, which would be used for office employees and all other customers and visitors would utilize the existing downtown on-street and pay parking lots provided by the municipality". If an estimated 8 spots are necessary for a commercial application of this square footage, and 3 are proposed,then 5 extra spots are necessary on the street and parking lots,that simply do not exist. Maintaining the historical appeal of the property has also been suggested as a reason not to add parking to the commercial application. As the owner of an older property I can certainly agree that this is important. However,the by-laws are in place to insure the existing infrastructure can support the changes when residential properties become commercial. According to the official plan, all properties in the area are zoned for multi-use and moving forward, more and more properties will turn commercial 20-1 and parking will have to be a priority. 190 Church Street is a beautiful property and I don't believe it's charm will be negatively affected with several parking spaces added to the back of the lot. I would like to address the lack of parking on my property briefly, as I suspect it will be discussed once my complaint is heard. In 2002, 1 submitted a site plan for my property at 183 Church Street which included 6 parking spaces to the rear of the building. The municipality countered with an elaborate parking plan which included 9 parking spaces and a horseshoe type driveway circling the house from west to east. As well there would be a large monetary penalty for the loss of one on-street parking space to the east of the property which was to be paid by myself. This was unfortunate news as our plans had included residing on the property and raising our kids with a backyard we would no longer have, as well as the whole parking proposal making the entire venture cost-prohibitive at the time. My decision at the time had to be to halt any renovation, live in the house and continue to rent the space for my practice at 168 Church Street. Coincidentally, around the same time,the-municipality had acquired 168 Church Street and was now my new landlord. They approached me to let me know they had intentions of tearing down the building in order to build the parking lot which now exists at the NE corner of Church and Silver. I reiterated to them that due to the stall of our plans at 183 Church I would have to remain working out of my leased space at 168 Church . In conclusion,the parking on my property was waived with the understanding that I would commence the renovations on my property to house my practice so I could vacate their property as soon as possible in order to expedite the necessary parking lot. I would be happy to expand on this or provide documents to support it if necessary. My point to the above is that parking was of great concern over a decade ago when fewer businesses existed in the area and must continue to be a priority. As Bowmanville grows and further commercial applications arise there exists a necessity for more parking, not less. Dr. Robin Jeffrey 20-2 clamoon MEMO Leading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: May 2, 2014 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — MAY 5, 2014 — 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, May 5, 2014: 6. DELEGATIONS See attached Final List. (Attachment#1) 8. PLANNING SERVICES DEPARTMENT Addition: (e) PSD-027-14 Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage Request for Extension to Draft Approval Applicants: 2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp (Attachment#2) 13. MUNICIPAL CLERK'S DEPARTMENT (d) CLD-012-14 — Replacement page for Page 5 of Report CLD-012-14 (change to list of interested parties. (Attachment#3) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 20. COMMUNICATIONS Correction: Please note that Item 20 (a) was listed under "Other Business", in error, and should have been listed under the "Communications" section of the Agenda. Additions: The Municipal Clerk's Department has received the following four pieces of correspondence, pertaining to one of the public meetings, after the Agenda deadline. (b) Correspondence from Andrew and Janet Rice, Concerning the Public Meeting (Agenda Item 5(a)) Regarding an Application to Convert a Single-Detached Dwelling to a Professional Office, Report PSD-023-14 (Attachment#4) (c) Correspondence from John and Janet Rice, Concerning the Public Meeting (Agenda Item 5(a)) Regarding an Application to Convert a Single-Detached Dwelling to a Professional Office, Report PSD-023-14 (Attachment#5) (d) Correspondence from Kris Bargenda and Jennifer Pinsent, Concerning the Public Meeting (Agenda Item 5(a)) Regarding an Application to Convert a Single- Detached Dwelling to a Professional Office, Report PSD-023-14 (Attachment#6) (e) Correspondence from Steve and Tori Kay, Concerning the Public Meeting (Agenda Item 5(a)) Regarding an Application to Convert a Single-Detached Dwelling to a Professional Office, Report PSD-023-14 (Attachment#7) i e Gr ntree, Deputy Clerk AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: May 5, 20.14 (a) Kevin Tunney, Tunney Planning, Regarding Report PSD-027-14, Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage — Request for Extension to Draft Approval (b) Paul Kennedy, Architectural Technologist, Cassidy & Co., Regarding Report PSD-027-14, Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage — Request for Extension to Draft Approval (c) Nick Mensink, GHD, Regarding Report PSD-027-14, Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage — Request for Extension to Draft Approval. (d) Bill Creamer, D.G. Biddle & Associates, Regarding Report PSD-027-14, Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage — Request for Extension to Draft Approval (e) Kirk Kemp, Regarding Report PSD-027-14, Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage — Request for Extension to Draft Approval (f) Hannu Halminen, Regarding Report PSD-027-14, Applications to Amend Draft Approved Plan of Subdivision and Rezoning to Permit Additional Lots with 11.3 Metres Frontage — Request for Extension to Draft Approval ATTACHMENT# TO 'a, � � claftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: Report#: PSD-027-14 File#: S-C 2007-0004, ZBA 2013-0012 Subject: APPLICATIONS TO AMEND DRAFT APPROVED PLAN OF SUBDIVISION AND REZONING TO PERMIT ADDITIONAL LOTS WITH 11.3 METRES FRONTAGE REQUEST FOR EXTENSION TO DRAFT APPROVAL APPLICANTS: 2265719 ONTARIO INC., 2084165 ONTARIO LIMITED AND KIRK C. KEMP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-14 be received; 2. THAT the application to amend Draft Approved Plan of Subdivision (S-C 2007-0004) submitted by Kevin Tunney on behalf of 2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp to permit additional lots with 11.3 metres of frontage be supported, subject to the conditions generally as contained in Attachment 2 to Report PSD-027-14; 3. THAT the request for extension to Draft Approval be supported but only for an additional two years; 4. THAT the Zoning By-law Amendment application submitted by Kevin Tunney on behalf of 2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp be approved as contained in Attachment 3 to Report PSD-027-14; 5. THAT the Architectural Design Guidelines for the Northglen Neighbourhood be amended to the satisfaction of the Director of Planning Services prior to the registration of the next phase of development being Phase 1 B; 6. THAT when conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval of each phase; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T 905-623-3379 REPORT NO.: PSD-027-14 PAGE 2 7. THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-027-14 and Council's decision; and 8. THAT all interested parties listed in Report PSD-027-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da id rome, MCIP, RPP Fra in Wu, Director of Planning Services Chief Administrative Officer CS/av/df April 30, 2014 REPORT NO.: PSD-027-14 PAGE 3 1. APPLICATION DETAILS 1.1 Owners: 2265719 Ontario Inc., 2084165 Ontario Limited, Kirk C. Kemp 1.2 Agent: Kevin Tunney, Tunney Planning Inc. 1.3 Proposal: Proposed amendment to the Draft Approved Plan of Subdivision: i) To eliminate all lots with 11.0 metres of frontage and introduce additional lots with 11.3 metres of frontage to permit dwellings with two car garages. The result is a decrease in the number of residential units from 1300 to 1282; and ii) To extend Draft Approval for an additional six (6) years to 2020. Proposed amendment to the Zoning By-law: i) To reflect the proposed amendment to the draft approved plan; ii) To increase the lot coverage from 40% to 45% for the dwelling and from 45% to 50% for all buildings and structures; iii) To allow a bungaloft style dwelling with 50% lot coverage; iv) To allow the garage to project 1.0 metre in front of the dwelling's front wall or exterior side wall or covered porch projection; v) To allow an increase in garage widths for dwellings on 11.3 metre and 12.0 metre lots; and vi) To allow an increase in porch height greater than 1.0 metre. 1.4 Area: 58.4 hectares (144 acres) 1.5 Location: The subject lands are located north of Concession Road 3, east of Regional Road 57, west of Middle Road being Part Lot 13 and 14, Concession Road 3, in the former Township of Darlington. These lands are located in the Northglen Neighbourhood, and referred to as Northglen West, See Figure 1, next page. 2. BACKGROUND 2.1 In March 2008, Council supported the Director of Planning Services issuing Draft Approval of Plan of Subdivision S-C 2007-0004, submitted by three land owners, Baysong Developments Inc., 2084165 Ontario Limited and Kirk and Douglas Kemp. The implementing zoning by-law amendment, By-law 2008-0065, was approved at that time. 2.2 In July 2008, Baysong Developments Inc. submitted the first amendment to the draft approved plan of subdivision, in addition to an application for rezoning. The amendment changed the lotting pattern and the rezoning made adjustments to allow for various architectural styles for the Baysong lands only. The amendment did not change the road pattern, the park, school and stormwater management pond blocks or the total number of lots. The zoning by-law amendment was approved in July 2009, while the amendment to the draft approved plan did not occur until March 2011, following a change in ownership and the submission of the required copies of the amended plan. REPORT NO.: PSD-027-14 PAGE 4 FIGURE 1 Property Location Map(Bowmanville) , TAUNUS f: Y r:;':r:.::::::..:...:.•:�:',.; ...:t; 8 Slee fir~ I':•i'i'.•' ::��•:::..:..�1T 'r(I{'�-'•' o '•:l'-:•fi/t. a.:.�...iit: •^c-:Y:::..' o I': • ,,•,�:'.,.'•.••�a ?.•. �:--f. �ts=�.' of Lvl000 ............ M NMI GAUD GATE :•• . •; a NOftTHGLEN BOULEVARD ;yy.., .,.; ..,,.,,,,:•,.,•.,,..,.. � :'':'(:'�'c:' "':'.''`•''•%'•+r ,:;.•.%•' Area subject to Amendmentto Draft Approval and Rezoning RICHARD DAVIES CR ROBB LANE BIDNEY RUNDLEAVI SIDNEYRUNDLEAV ,:' I,:'•:'...•'••.:••,•. .• YW;T RICHARD DAVIESC C'AREYRIEIYI(LLANE f'�` • c1 KENNETH f.OLE DR ' h 0 •N; N \/\ CONCESSION ROAD 3T' ZBA 2017-0012 2.3 Subsequently, in 2011, a second amendment to the draft approved plan and rezoning was approved, again only for the Baysong lands. These lands were acquired by 2265719 Ontario Inc. (Highcastle Homes, Delpark Homes and Esquire Homes) who proposed to modify the unit mix to allow for a greater diversity of models in the first phase of development. The amendment, approved in June 2011 resulted in a decrease of residential units from 1302 to 1300. Subsequently, the applicants advanced to final approval of Phase 1. Due to sanitary sewage constraints, Phase 1 was further broken down into Phase 1A and 1B and only Phase 1A has been registered. 2.4 In April 2013, the landowners in Northglen West submitted applications for an amendment to the draft approved plan and rezoning outside of the limits of Phase 1A. The applicants made various adjustments to the rezoning application, which delayed the circulation and scheduling of the Public Meeting. REPORT NO.: PSD-027-14 PAGE 5 2.5 In August 2013, final approval and the registration of Phase 1A (40M-2497) occurred. It included 103 singles, 30 semi-detached units and 47 townhouses for a total of 180 units. The applicants propose registering Phase 1 B once this application for amendment to draft approval has been considered. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The lands subject to these applications were cleared of brush and trees and rough graded to permit servicing of Phase 1 B. Homes are currently under construction in Phase 1A. The balance of the land includes stockpiling of topsoil and apple orchard. 3.2 The surrounding uses are as follows: North: Rural residential and Quarry Lakes Golf Course South: Concession Road 3 and beyond, existing urban residential and Hydro One's work depot East: Orchards and future residential (Draft Approved Plan of Subdivision S-C 2007-0005 also known as Northglen East) West: Regional Road 57 and beyond, estate residential and the Bowmanville Creek Valley 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built up areas, taking advantage of existing and planned infrastructure, and shall have compact form, and a mix of uses and densities. The development allows for the efficient use of land, infrastructure and public services. The proposed draft plan of subdivision continues to offer a range of housing types and densities. The subject applications are consistent with the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit- supportive communities in designated greenfield areas with a region-wide density of 50 jobs and persons per hectare. The proposal is approximately 63 persons and jobs per hectare. Growth shall also be directed to areas that offer municipal water and wastewater systems. The subject applications conform to the Growth Plan. REPORT NO.: PSD-027-14 PAGE 6 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. The intent of this designation is to permit the development of primarily residential areas with defined boundaries, incorporating the widest possible range of housing types, sizes and tenure, developed in an efficient and cost effective manner. The subject applications conform to the Durham Regional Official Plan. 5.2 Clarington Official Plan The lands within the draft approved plan of subdivision are designated Urban Residential within the Clarington Official Plan, with symbols for a neighbourhood park, public elementary school and for medium and high density. A Neighbourhood Centre designation is at the northeast corner of Regional Road 57 and Concession Road 3 which allows for limited retail and service commercial uses. The subject applications continue to be in conformity with the approved land use designations for the neighbourhood. 6. ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the subject lands have a number of different zones all subject to a holding provision. The existing zones allow a variety of housing forms including single detached dwellings on various frontages; semi-detached, townhouses and three (3) storey apartment buildings. The mixed use block is zoned "Agricultural Exception (A-1) Zone" and will remain as such until a comprehensive site plan is submitted and approved. A Zoning By-law amendment will be required in order to implement the amendment to draft plan approval. 7. PUBLIC MEETING AND SUBMISSIONS 7.1 A Public Meeting was held on November 25, 2013. No one appeared in support or opposition to the proposal. 8. AGENCY COMMENTS 8.1 Given the minor changes to the draft plan and zoning by-law Staff only circulated to the Kawartha Pine Ridge District School Board which offered no objection to the amendment and requested that the subdivider enter into an Option Agreement with the Board for the Public Elementary School prior to registering Phase 3. REPORT NO.: PSD-027-14 PAGE 7 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Department The Engineering Services Department approved the Stormwater Management Plan for major and minor flows with the initial approval in 2008. In April 2009, revised storm sewer design sheets for the entire subdivision were submitted based on increased runoff co- efficient as currently proposed and demonstrated that size of the stormwater management pond and pipes would not be compromised by the proposed lotting adjustments and increase in lot coverage. As such, the Engineering Services Department do not object to the application. 10. DISCUSSION 10.1 Proposed Amendments to the Draft Approved Plan • Lotting pattern Similar to the previous amendments the road pattern, the park, school and stormwater management pond blocks have not changed. The proposed amendment eliminates all the 11 metre wide lots and introduces more 11.3 metre lots which changes the lotting sizes in the entire draft plan, particularly the 12 metre singles and 7 metre townhouses. A lot with 11.3 metres of frontage is desirable because it is the minimum lot size for a dwelling with an attached two car garage. The chart below shows the changes to the draft plan over the various amendments. Unit Type Current Phasel : Proposed :.:Total Lots . Draft (40M -2497) Units in Registered Approval Future and June 2011 Phases Proposed Draft' Approval 10 m single 174 55 125 180 11.0 m single 194 - - - 11.3 m single - 3 202 205 12 m single 354 37 351 388 13.5 m single 119 8 100 108 15 m single 10 10 10 18 m semi 54 30 .0 30 7m townhouse 181 47 100 147 Block townhouse 88 88 88 Mixed use 126 126 126 TOTAL 1300 180 1102 1282 The result is a net decrease of residential units from 1300 to 1282. REPORT NO.: PSD-027-14 PAGE 8 Revised Conditions of Draft Approval The Conditions of Draft Approval were originally approved in 2008, with minor amendments to reflect the changes in the unit count. The original conditions were quite extensive and included conditions on the phasing and timing of road infrastructure improvements on Concession Road 3, Middle Road and Regional Road 57, including street lighting, sidewalks, turning lanes and traffic signals. In addition, the conditions set out the timing for the construction of the Neighbourhood Park based on the number of building permits issued such that the construction of the park was to commence at the 151St building permit and be completed at the 200th building permit. The original phasing plan anticipated over 325 residential units in the first phase, however with the number of units significantly reduced in Phase 1'A to 180 units, the timing for the construction of the park has been adjusted based on the number of building permits proposed in Phase 1 B and Phase 2, such that park construction will commence at the 181St building permit and will be completed by the 230th building permit. In addition, the Kawartha Pine Ridge District School Board has advised that it will require the developers to enter into a Option Agreement upon registration of Phase 3, as such the school site may be required in advance of the phase in which it is situated. The conditions now state that should the site be required in an earlier phase, then the school site must be made available with frontage on Northglen Boulevard. In addition, Northglen Boulevard must be constructed from its current terminus at Edwin Carr Street to Middle Road, prior to occupancy of the school site. 10.2 Extension to Draft Approval for an additional 6 years to 2020 Northglen West and East were originally draft approved with a 6 year expiry date, ending in June 23, 2014. The 6 year timeframe was given because of the large number of units between both draft plans, being 1660 units, and the phasing of infrastructure works to support the development. Two major issues have slowed down the development of the Northglen West site, the former Baysong site sat idle for a few years during litigation prior to being purchased by 2265719 Ontario Inc., and the lack of sewer capacity at the Port Darlington Water Pollution Control Plan which restricted the number of units in Bowmanville and the Northglen Neighbourhood. At the time that these plans were considered, the Municipality had concerns about these plans being proposed for the most part in areas beyond the 10 year period identified in the Development Charges Study, which at the time was beyond 2015. Only the southerly portion was within the then anticipated growth area. At the time, these developers argued that if the Municipality approved more plans, then the rate of growth would pick up due to greater consumer choice and marketing. As staff anticipated, this did not happen. Prior to approval, a Financial Impact Analysis was undertaken. This led to the developer being responsible for some components of the infrastructure improvements required prior the timeframe identified in the development charges regime. REPORT NO.: PSD-027-14 PAGE 9 A key consideration for extension of draft approval is whether the plan reflects current Provincial Policy, Official Plan policy, urban design policies and municipal design standards. A long outstanding banked approval may lead to development that is contrary to current policy or design standards (e.g. reverse frontage lots) and frustrate the implementation of municipal objectives such as active transportation, low impact development, energy conservation and environmental protection standards. Therefore, at the time of renewal, there can be consideration to the changing policy landscape. The Municipality is on the cusp of considering new Official Plan and Transportation Master Plan policies. It is recommended that the extension to draft approval only be provided for a period of 2 years and that the developer be put on notice that a further extension will trigger a comprehensive review of the plan of subdivision. 10.3 Amendment to Zoning By-law The requested changes to the zoning by-law provided an opportunity to review the zoning on the entire draft plan to ensure it is consistent and make minor corrections. Staff met with the applicants' agent and the architect on several occasions to review the zoning in the context of the housing styles. In some instances, requested changes are not supported by staff and were discussed with the applicant's agents prior to preparing this report. In other instances, compromises were made by both the applicant and staff. Increase in lot coverage The applicants have requested a lot coverage increase from 40% to 45% for the dwelling and from 45% to 50% for all buildings and structures. Additional information on the stormwater management system was submitted and confirms adequate capacity in the minor system, major system and the stormwater to accommodate the proposed increase in lot coverage. However, in 2009 the applicant amended the Zoning By-law to eliminate unenclosed porches from lot coverage provisions, which means the 40% lot coverage does not include porches. The current request is an increase to 45% while eliminating the unenclosed porch from the lot coverage provision. This increase in lot coverage results in much larger homes on conventional lot sizes and is not supported by Staff. Bungalows with a loft The applicants have one storey models and offer an optional loft above the ground floor referred to as a bungaloft. The lot coverage provided for one storey dwellings is 50%. However, the proposed bungaloft allows up to an additional 50% of the dwelling ground floor to be constructed in essentially attic space generally without altering the appearance or size of the building. The applicant would like the bungaloft to be considered with 50% lot coverage. The bungaloft is a desirable product and Staff are recommending a bungaloft with 45% lot coverage. REPORT NO.: PSD-027-14 PAGE 10 Garage Proiection The applicants have requested garages to project 1.0 metre from the dwellings front wall or exterior side wall or covered porch on 50% of the lots on any given zone. More 11.3 metre lots will increase the total number of units with two-car garages on any given street. Staff are not adverse to limited garage projections on any given street and recommend that the Northglen Neighbourhood Architectural Design Guidelines be amended to permit a maximum of 25% of the lots on any given street to have garage projections up to 1.0 metre in front of the dwellings front wall or covered porch. Increase in porch height. The applicants have asked for an increase in the porch height greater than 1.0 metre allowed in the Zoning By-law. An increased porch height will require a greater number of risers on the outside of the dwelling and will not create an appropriate relationship between the dwelling, garage and street, particularly since the setbacks to the porch may be only 2.0 metres and 4.0 metres to the dwelling. This request is not supported by Staff. The internal design of the dwelling can be modified with stairs to deal with grade issues. 10.4 Tax Status The Finance Department advises that the taxes for the subject properties are have been paid in full. 11. CONCLUSION 11.1 In consideration of the comments received from circulated agencies and based on review of the proposal, staff recommends that the proposed amendment to Draft Approved Plan of Subdivision and Zoning By-law Amendment be supported. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Cynthia Strike, Principal Planner Attachments: Attachment 1 - Amendment to Draft Plan Attachment 2 - Amendment to Conditions of Draft Approval Attachment 3 - Proposed Zoning By-law Amendment. List of interested parties to be notified of Council's decision: Kevin Tunney Nick Mensink Kirk Kemp 2084164 Ontario Limited 2265719 Ontario Inc. ATTACHMENT 1 355 TO REPORT PSD-027-14 5 dii 33 a -.j' g� op k a .. t':� �Vk'ss � e:gg1 .fit}. g_gg25 �5eeq ril�ii �; y�d58g�p �:2 o< _ 3Zi<...po �� Ya 'n 3 � � a� E:•:EI a !}lQa@6 �b5£5 �' @ = p.' 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The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C 2007-0004, prepared by Tunney Planning Inc. identified as Project Number 549-1, original submission dated February, 2006 and as revised in February 2008, and draft approved as red-line revised May 2008, as amended on March 31, 2011, further revised on January 2014, which now illustrates 1290 residential units consisting of 774 single detached units, 181 street townhouse units, 88 block townhouse units, a mixed use block containing 126 residential units, commercial floorspace, stormwater management pond, and blocks for a public elementary school, a park and a parkette, road widening, 0.3 metre reserves, landscape strips and open space." 2. The following new conditions be inserted as new Conditions 27 and 28. "27. The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. The Owner.shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. 28. Prior to final registration of any phase, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage." 3. All other conditions thereafter be renumbered consecutively. 4. Condition 35, is hereby deleted in its entirety and replaced with the following: "Until such time as the Owner has entered into an Option Agreement with the Kawartha Pine Ridge District School Board, the Owner agrees to construct a gravel parking lot suitable for 25-30 vehicles adjacent to the park on school block (formerly Block 951). The parking lot access will be from Northglen Boulevard. A gravel path will also be required to connect the parking lot to the park. In addition, should the Kawartha Pine Ridge District School Board not require former Block 951 for school purposes the Owner will be required to convey the parking lot and associated land to the Municipality of Clarington at no additional cost." 5. -Existing Condition 37 is hereby deleted in its entirety and replaced with the following: "37. The Owner agrees to commence construction of the park Block 130 (40M 2497), at the issuance of the 181st building permit. The Owner agrees to complete the construction in accordance with the approved construction drawings and specification prior to the issuance of the 230th building permit". 6. Existing Condition 54 is hereby deleted in its entirety and replaced with the following: "54. The Owner shall adhere to the Region of Durham Well Interference Policy (2008)" 7. That Notes to Draft Approval number 1 be deleted and replaced as follows: "The final approval date must be within two years of the extension to draft approval (May 12, 2016); should no further extensions be granted, draft approval shall lapse and the file shall be closed. Any future request for extensions to draft approval must consider any policy updates resulting from the current Clarington Official Plan review and Northglen Neighbourhood/ Secondary Plan, as well as recommendations from the active transportation network portion of the Municipality's Transportation Master Plan (in particular walking and cycling) in the Northglen Neighbourhood. Future requests for extensions may require changes to the portions of the draft approved plan of subdivision and/or conditions that has not received final approval prior to the next lapsing date." ATTACHMENT TO REPORT PSD-027-14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2013-0022; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. SECTION 12.4.74 URBAN RESIDENTIAL EXCEPTION (R1-74)ZONE is hereby amended by: Deleting Section c. ii) in its entirety and replaced with a new c. ii) and adding a new c. iii) as follows: c. ii) Exterior Side Yard 6.0 metres to private garage or carport 4.0 metres to dwelling 2.0 metres to porch iii) Interior side yard 1.2 metres with private garage or carport Without private garage or carport 3.0 metres on one side, 1.2 metres on the other side Deleting d. i) in its entirety and replacing it with the following: d. Special Yard Regulations i) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 3.0 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. Adding a new ii)as follows: I. i) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R1-74 on Schedule 1 to this By-law located.within 70 metres of the boundary of lands identified by roll number 18-17-010-080- 15900, at such time as: ii) The"Motor Vehicle Wrecking Yard"use of the lands identified as 18-17-010-080- 15900 has ceased; iii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-080- 15900 has been removed from the property; and iv) A Record of Site Condition has been submitted for said lands zoned (H)R1-74. 2. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R2) ZONE" is hereby amended as follows: The provisions of SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54) ZONE are deleted in their entirety and replaced with the following provisions as follows: "Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b); c) i), ii), iii), e), and g) on those lands zoned R2-54 on Schedules to this By-law shall be subject to the following regulations: a. For the purposes of this Section, the term Bungaloft shall mean a one storey dwelling with a partial second storey that is not more than 50% of the ground floor area of the dwelling (excluding the garage); the habitable area of the second storey is contained within the roof area and may have domers on the front or rear elevations not more than 33%of the width of the wall of the dwelling, directly below, including garage. b. Lot Area (minimum) 330 square metres c. Lot Frontage (minimum) I) Interior 11.3 metres ii) Exterior 14.3 metres d. Yard Requirements I) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 metres on one side; 0.6 metres on the other side; Without private garage or carport 3.0 metres on one side 1.2 metres on the other side e. Special Yard Regulations i) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 3.0 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. f. Lot Coverage (maximum) i) 1 storey a. Dwelling 50 percent b. Total of all buildings and structure 55 percent ii) Bungaloft a. Dwelling 45 percent b. Total of all buildings and structure 50 percent iii) All other residential units a. Dwelling 40 percent b. Total for all buildings and structures 45 percent iv) Notwithstanding the above lot coverage provision, a'covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage g. Height of floor deck of unenclosed porch above finished grade(maximum) 1.0 metre h. Height(maximum) 1 storey 8.5 metres All other residential dwellings 10.5 metres I. Garage Requirements I) The outside width of the garage shall be a maximum of 6.4 metres j. Visibility Triangle 6.5 metres k. In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-54 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: I) The"Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080- 15900 has ceased; ii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-080- 15900 has been removed from the property; and iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-54. 3. The provisions of SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE are deleted in their entirety and replaced the following provisions as follows: Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b), c) i), ii), iii), e); and g) on those lands zoned R2-55 on the Schedules to this By-law shall be used subject to the following regulations: a. For the purposes of this Section, the term Bungaloft shall mean a one storey dwelling with a.partial second storey that is not more than 50% of the ground floor area of.the dwelling (excluding the garage); the habitable area of the second storey is contained within the roof area and may have dormers on the front or rear elevations not more than 33%of the width of the wall of the dwelling,directly below, including garage. b. Lot Area (minimum) 405 sq. metres c. Lot Frontage(minimum) i) interior' 13.5 metres ii) exterior 16.5 metres d. Yard Requirements I) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 metre on one side and 0.6 metres on the other; Without private garage or carport 3.0 metres on one side 1.2 metres on the other side e. Special Yard Regulations I) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 3.0 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. ii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. f. Lot Coverage(maximum) i) 1 Storey a) Dwelling 50 percent b) Total of Buildings and Structures 55 percent ii) Bungaloft a) Dwelling 45 percent b) Total of all buildings and structure 50 percent iii) All other residential units a) Dwelling 40 percent b) Total of all Building or Structures 45 percent iv) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b), In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. g. Garage Requirements i) The outside width of the garage shall be a maximum of 6.4 metres h. Height of floor deck of unenclosed porch above finished grade(maximum) 1.0 metres I. Height(maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 10.5 metres j. Visibility Triangle 6.5 metres k. In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-55 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080- 15900 has ceased; ii) The vehicles and motor vehicles. parts on the lands identified as 18-17-010-080- 15900 has been removed from the property; and iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-55. 4. The provisions of SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57) ZONE are deleted in their entirety and replaced with the following provisions as follows: Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b), c) i), ii), iii), e); and g) on those lands zoned R2-57 on the Schedules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) 300 square metres b. Lot Frontage(minimum) I) Interior Lot 10.0 metres ii) Exterior Lot 13.0 metres c. Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 metres on one side and 0.6 metres on the other; Without private garage or carport 3.0 metres on one'side 1.2 metres on the other side d. Special Yard Regulations I) Bay windows with foundations may project into any required yard to a distance df not more than 0.75 metres with the bay window having a maximum width of 3.0 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. e. Lot Coverage(maximum) i) 1 Storey a) Dwelling 50 percent b) Total of Buildings and Structures 55 percent ii) All other residential units a) Dwelling 40 per b) Total of all Buildings and Structures 45 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage f. Height(maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 10.5 metres g. Garage Requirements I) Garage doors may.project no more than 1.0 metre in front of the dwellings first floor front wall or exterior side wall or covered porch projection; ii) The outside width of the garage shall.be a maximum of 4 metres h. Height of floor deck of unenclosed porch above finished grade(maximum) 1.0 metre i. Visibility Triangle 6.5 metres j. In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: I) The"Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010- 080-15900 has ceased; ii) The vehicles and motor vehicles parts on the lands identified as 18-17-010- 080-15900 has been removed from the property; and iii) A Record of Site Condition has been submitted for said lands zoned (H)R2- 57. 5. SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE is hereby amended by: Renumbering the existing Section 14.6.31 f)to g)and adding a new f)as follows. f. Visibility Triangle 6.5 metres 6. SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32)ZONE is hereby amended by: Adding Sections 3.1 j), i)iv); 3.22,to the notwithstanding provisions. Replacing Section 14.6.32 d)with a new Section d)as follows: d. Special Yard Regulations I) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 3.0 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. ii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre Adding new Section e),f),g)and h)as follows: e. Notwithstanding the above lot coverage provision, a .covered 'and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 square metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 square metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. f. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre g. Visibility Triangle 6.5 metres . h) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R3-32 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) The"Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080- 15900 has ceased; ii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-080- 15900 has been removed from the property;and iii) A Record of Site Condition has been submitted for said lands zoned (H)R3-32. 7. SECTION 14.6:35 URBAN RESIDENTIAL EXCEPTION (R3-35) ZONE is hereby amended as follows: Section 14.6.35 b) iii) is hereby amended by deleting the word "width" in both instances; Section 14.6.35 b) v) is hereby amended by deleting the word "width" and deleting "4.0 metres"and replacing it with "4.5 metres". Section 14.6.35 b)iii)v)and vi)and f)is amended as follows: b. iii) the word"width is deleted in both instances; v) the word "width" is deleted; and "4.0 metres is deleted and replaced with "4.5 metres"; vi) is deleted in its entirety. f. The following words are deleted: "The following stacked townhouse dwellings regulations shall be provided'; and replaced with: "In addition to the provisions of 14.6.35 c) the following provisions shall apply to stacked townhouse dwellings." 8. Schedule"3"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding-Urban Residential Exception((H) R1 -75)Zone"to "Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H) R1 -75)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H) R1 -75)Zone"to"Holding-Urban Residential Exception ((H)R3-35)Zone" "Holding-Urban Residential Exception ((H) R2-53)Zone"to "Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H)R2-53)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H)R2—54)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H)R2-55)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H) R2-55)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H)R2-56)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H)R2-56)Zone"to"Holding-Urban Residential Exception((H)R2-55)Zone" "Holding-Urban Residential Exception ((H)R2-60)Zone"to"Holding-Urban Residential Exception((H)R2-54)Zone" "Holding-Urban Residential Exception ((H) R2=65)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H) R2-65)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H) R2-65)Zone"to"Holding-Urban Residential Exception ((H)R3-35)Zone" "Holding-Urban Residential Exception ((H)R2-66)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H)R2-66)Zone"to"Holding-Urban Residential Exception ((H)R2-55)Zone" "Holding-Urban Residential Exception ((H) R2-66)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H)R2-66)Zone"to"Holding-Urban Residential Exception ((H)R3-35)Zone" "Holding-Urban Residential Exception ((H)R2-67)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H) R2-67)Zone"to"Holding-Urban Residential Exception ((H)R2-55)Zone" "Holding-Urban Residential Exception ((H)R2-67)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H) R2-56)Zone"to"Holding-Urban Residential Exception ((H)R3-35)Zone" "Holding-Urban Residential Exception ((H) R2-68)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H) R2-68)Zone"to"Holding-Urban Residential Exception ((H)R2-55)Zone" "Holding-Urban Residential Exception ((H)R2-69)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H)R2-69)Zone"to "Holding-Urban Residential Exception ((H)R2-57)Zone" "Holding-Urban Residential Exception ((H)R3-35)Zone"to"Holding-Urban Residential Exception ((H)R2-54)Zone" "Holding-Urban Residential Exception ((H)R3-35)Zone"to"Holding-Urban Residential Exception ((H)R2-57)Zone" 9. Schedule"A"attached hereto shall form part of this By-law. 10, This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed in open session this day of 2014. Adrian Foster, Mayor Anne Greentree, Deputy Clerk i MEMO • � _ ;�i sig . �' `� . ``•y`.�..�`' ea'• Ni .•t'.�rv..'�'`-.ti r•1111,+•1{,�1 � _ baa, �.....�._�- �`r`. ti�� y�� s i`i`i` �``•••-♦--. •- INNER vo {��r,.s�y.•.rr�c •- f.f,� ,1.11..1' tiylEEO1.1,�V .•.• 1 1 1,////// 11� •• ►1.{•• BBB•f..♦.. ►-{�`1_ awl mm swop+ •-!i,�� �iS� - �S� '••r �� � . • r '111111111` t ��__-_:•. .:.. ,!;. I �...r.�ati` ��:..:.;...Wit:_-..-..:.:.�ti f•p•f•P�,♦ <IIIIIIIIII!i� !�illlllllllly ' . • . .. .iiia �� ►��►o{'•►►♦ • a i�111111111i� •:�Imoll IN11111 11111111111 ! iHiifiisG11 i ��of•I��lllll■llllll-llllllI�� ti I \\\\1t ..... ...••.-- sac r .. ��111111D �,= 11111 �= MENNEN Schedule "A" Zoning Legend ® Zoning Change From"(H)R1-75"To"(H)R2-54" Zoning Change From"(H)R1-75"To"(H)R2-57" Zoning Change From"(H)R1-75"To"(H)R3-35" Zoning To Remain"(H)R1-74" Zoning To Remain"R1" Zoning To Remain"R1-42" ® Zoning Change From"(H)R2-53"To"(H)R2-54" ® Zoning Change From"(H)R2-53"To"(H)R2-57" Zoning Change From"(H)R2-54"To"(H)R2-57" ® Zoning Change From"(H)R2-55"To"(H)R2-54" Zoning Change From"(H)R2-55"To"(H)R2-57" Zoning Change From"(H)R2-56"To"(H)R2-54" Zoning Change From"(H)R2-56"To"(H)R2-55" Zoning Change From"(H)R2-60"To"(H)R2-54" Zoning Change From"(H)R2-65"To"(H)R2-54" Zoning Change From"(H)R2-65"To"(H)R2-57" Zoning Change From"(H)R2-65"To"(H)R3-35" Zoning Change From"(H)R2-66"To"(H)R2-54" Zoning Change From"(H)R2-66"To"(H)R2-55" 7 Zoning Change From"(H)R2-66"To"(H)R2-57" Zoning Change From"(H)R2-66"To"(H)R3-35" ® Zoning Change From"(H)R2-67"To"(H)R2-54" Zoning Change From"(H)R2-67"To"(H)R2-55" Zoning Change From"(H)R2-67"To"(H)R2-57" Zoning Change From"(H)R2-67"To"(H)R3-35" Zoning Change From"(H)R2-68"To"(H)R2-54" Zoning Change From"(H)R2-68"To"(H)R2-55" ® Zoning Change From"(H)R2-69"To"(H)R2-54" rr ; zoning Chane From"(H)R2-69"To"(H)R2-57" Zoning To.Remain"(H)R2-54" Zoning To Remain"(H)R2-55" ® Zoning Change From"(H)R3-35"To"(H)R2-54" Zoning Change From"(H)R3-35"To"(H)R2-57" Zoning To Remain"(H)R3-31" Zoning To Remain"(H)R3-32" =�;?•' Zoning To Remain"(H)R3-35" Zoning To Remain"(H)R3-36" Zoning To Remain"A-1" Zoning To Remain"EP" ATTACHMEN� TO 4- REPORT NO.: CLD-012-14 PAGE 5 Applications have been circulated under separate cover (Attachment 3) as they contain personal information. 3. CONCURRENCE: Joe Caruana, Director of Community Services concurs with the recommendations contained in this report. 4. CONCLUSION In order to fulfil the requirements of the AACC Terms of Reference, it is recommended that one of the following applicants be appointed to the AACC for a term ending December 31, 2016: • Robert Denard • Elgin Greenham • Garett Hazelwood • Anna McQuaid In order to fulfil the requirements of the OASSC Terms of Reference, it is recommended that two of the following applicants be appointed to the OASSC for a term ending upon the submission of the Committee's Final Report: • Anne Black • John Coffey • Anna McQuaid • Julie Michalejko-Earle • Louise Williams CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: Attachment 1: Terms of Reference for the Older Adult Strategy Steering Committee Attachment 2: AACC Confidential Application(s) (Distributed Separately) Attachment 3: OASSC Confidential Application(s) (Distributed Separately) List of interested parties to be advised of Council's decision: Applicants Cathie Ward, President, Clarington Older Adult Association Angie Darlison, Executive Director, Clarington Older Adult Association Ted Watson, Chair, Agricultural Advisory Committee of Clarington F. Langmaid, Manager of Special Projects, Staff Liaison to the AACC # TO FROM: Andrew&Janet Rice ATTENTION: Ruth Porras, Municipality of Clarington-Planning Department 905-623-3379 Ext.2412 or rporras@clarington.net RE: Your File No,:zBA 2014-0003-Professional Office Space-190 Church Street, Bowmanviile We are the registered owners of We understand that Glenn Genge from D.G. Biddle &Associates Ltd,has submitted a rezoning application on behalf Mark Abernethy,James Abernethy and Tyler Smith(proponents)to convert the above captioned single-detached dwelling into a professional office. Sorry that we are not able to attend the public meeting and speak directly to the GPA meeting which is scheduled for 9:30 a.m.on May 5,2014 in Council Chambers. We trust this letter will be Included in your staff report for consideration by Committee Members of that GPA meeting and will also form part of the minutes of that meeting. Please be advised that: 1. We support the application(your file no.ZBA2014-0003)as it has been submitted to the municipality by the proponents. 2. We do not have any concerns with respect to your approval of this application causing any on- street parking issues. 3. We do not support the idea of converting the backyard of 190 Church Street into a parking lot. 4. We believe that converting the backyard of 190 Church Street will Infringe on the privacy of our properties and other property owners which are adjacent to the subject property. Thank you In advance for including my opinions in your report for the above captioned application. Yours Sincerely, Andrew&Janet Rice f ATTACHMENT# TO � IV_ � i" FROM: John&Janet Rice _ ATTENTION: Ruth Porras, Municipality of Clarington -Planning Department 90S-623-3379 Ext.2412 or rporras@clarington.net RE: Your File No.:ZBA 2014.0003 -Professional Office Space-190 Church Street, Bowmanviile We are the registered owners of We are also the owners of which is located Immediately north and adjacent to the above captioned property. We understand that Glenn Genge from D.G, Biddle&Associates Ltd. has submitted a rezoning application on behalf Mark Abernethy,James Abernethy and Tyler Smith(proponents)to convert the above captioned single-detached dwelling into a professional office. Sorry that we are not able to attend the public meeting and speak directly to the GPA meeting which is scheduled for 9:30 a.m.on May 5, 2014 in Council Chambers. We trust this letter will be Included In your staff report for consideration by Committee Members of that GPA meeting and will also form part of the minutes of that meeting. Please be advised that: 1. We support the application(your file no.ZBA2014-0003)as it has been submitted to the municipality by the proponents. 2. We do not have any concerns with respect to your approval of this application causing any on- street parking issues. 3. We do not support the idea of converting the backyard of 190 Church Street into a parking lot. 4. We believe that converting the backyard of 190 Church Street will infringe on the privacy of our properties and other property owners which are adjacent to the subject property, Thank you in advance for including my opinions In your report for the above captioned application. Yours Sincerely, John&Janet Rice ATTAMAENT# TO FROM: Kris Bargenda &Jennifer Pinsent phone no, ' ATTENTION:Ruth Porras, Municipality of Ciarington- Planning Department 905-623L.3379 Ext.2412 or rporras@clarington.net RE: Your File No.:ZBA 2014-0003-Professional Office Space-190 Church Street,Bowmanville We are the registered owners of We understand that Glenn Genge from D.C.Biddle&Associates Ltd,has submitted a rezoning application on behalf Mark Abernethy,lames Abernethy and Tyler Smith (proponents)to convert the above captioned single-detached dwelling into a professional office. Sorry that we are not able to attend the public meeting and speak directly to the GPA meeting which is scheduled for 9:30 a.m,on May 5, 2014 in Council Chambers. We trust this letter will be included in your staff report for consideration by Committee Members of that GPA meeting and will also form part of the.minutes of that meeting. Please be advised that: 1, We support the application(your file no.ZBA2014-0003)as it has been submitted to the municipality by the proponents. 2. We do not have any concerns with respect to your approval of this application causing any on- street parking issues. 3. We do not support the idea of converting the backyard of 190 Church Street into a parking lot. 4. We believe that converting the backyard of 190 Church Street will infringe on the privacy of our property and other property owners which are adjacent to the subject property. 5. We respectfully request that a condition of the approval of this application should be that a privacy fence be erected along the western property boundary line between our respective properties, Thank you in advance for including my opinions in your report for the above captioned application. Yours Sincerely, (ZOargen�/&Jennlfer Pinsent I Phone No. i �Tf�Gf1�1iT# FROM: Steve&Tori Kay ATTENTION:Ruth Porras,Municipality of Clarington-Planning Department 905-623-3379 Ext.2412 or roorr_as@ciarinnton.net RE: Your File No..ZBA 2014-0003-Professional Office Space-190 Church Street,Bowmanville We are the registered owners of: We understand that Glenn Genge from D.G.Biddle&Associates Ltd.has submitted a rezoning application on behalf Mark Abernethy,lames Abernethy and Tyler Smith(proponents)to convert the above captioned single-detached dwelling into a professional office. Sorry that we are not able to attend the public meeting and speak directly to the GPA meeting which is scheduled for 9:30 a.m.on May 5,2014 in Council Chambers. We trust this letter will be included In your staff report for consideration by Committee Members of that GPA meeting and will also form part of the minutes of that meeting. Please be advised that: 1. We support the application(your file no.ZBA2014-0003)as It has been submitted to the municipality by the proponents. 2. We do not have any concerns with respect to your approval of this application causing any on- street•parking Issues, 1 We do not support the idea of converting the backyard of 190 Church Street Into a parking lot. 4. We believe that converting the backyard of 190 Church Street will infringe on the privacy of our property and other property owners which are adjacent to the subject property. S. We do not support any changes that Involve paving over any portion of the back yard of the above captioned property, Thank you In advance for Including my opinions In your report for the above captioned application. Yours Sincerely, St e&Tori Kay I z HANDOUTS/CIRCULATIONS GPA Application By: Mark Abernethy, James Aberneth and Tyler Smith Claringmn Planning Services Department 1_ 190 Church Street i ZI a a car �+s •' � , �$ .r �� �'r 1��,F- � � �C ,.fes � - ��� _ a r *a yA '' •s- � � 1, F T •-� � �f R W�� i �[..� 3, � .'V4- r� Fj�R f�.s. y f; 4°r _,. _ _ ®, P is ,}•'�'F--. 4�� '' '� y�Fs �r � � � 1 r � � I - �y u i `O'/ . �« ~�L r- 190 Church Street 44 her Ot r;W. ,�. Policies and Plans DOWNTOWN INSTITUTION BOUNDARY • ° + RESIDENTIAL COMMUNITY FACILITY STREET—RELATEDEh •�ONMENTkL # COMMERCIAL AREA PROTECTION AREA oD.D O an4 - �" } MIXED USE AREA IM DISTRICT PARK i fi LOWE STREET LOVERS LA Ld wtsr d �,i LIB Subject SiteCARUSLE • • II J l r � 6 E T C Secondary Plan Area Clarin ton ZoningB gy R1 w(H)R4 S z C1-46N(HJR1 Q y`� f3S EP p (H)R4 boy W 0 v w R1 (H)R4-8 Sr�� 190 Church Street _- I C1-12 - 1� f f/ � LOWE STREET R1-12 C1-31U/rCS RP Cf-10 YN � C1-1 R4-14 Grail+S V T RFFTv �� 01-53 TRfiF T Rt-12 51 C1-1 Ch C1 Fp R1-34 E�`G�dR}VE R4-6 C1-34 C7 C9� Ci-9 C1 C1-1 5� (� R1-6 C1-26 Landuse Ra-12 c 0 Residential 4� C1-51 sIIIZ C1-33 ' i commercial RI-56 TRF�T C1 0`\� Fq�T C1 Industrial R1-12 C1-4 `' w EP c1-34 O W 4 R1 4 Y E_ o 0 M21 syr a Public Submissions NOTICE PROPOSED ZONING BY-LAW AMENDMENT TYLER SMITH, MARK ABERNETHY i & JAMES ABERNETHY HAVE + SUBMITTED AN APPLICATION TO AMEND THE ZONING BY-LAW TO CONVERT A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE. FILES: ZBA 2014-000 MU NiC IF—TY Of CL ARIMPTON NOTICE 41 _ For further information i please contact the PUBLIC�l!EETIIVG A E4DLlC MEETIWG IN RE&PECi 70 Municipality of THE ZONING 6Y-LAWAMEwOMENT SMALL 6E MELD. Clarington Planning GATE MONDAY.May 51w,2914 Services Departmentruce couMc+LCMAMDERs 1� at 905-623-3379 4o iEMPER4wCEN5TR TION CEN7RE -. . li 90Y1YAwY4LLE,PNYARIO � _-- a-• ■ • ■ ! ■■ I■ • ! ! 3-. �w rOFA4 It ti Frame Garage y r Concrete Step y 190 Church St tgg Church St i 2 Storey BrichStone f Storey Dwelling Dwelling i `ai Asphalt (Conversion m Driveway to Office Use) s ro V Concrete Porch Steps t Concrete Sidelialk'> R N Church Street zsa 2014-0003 is Application By. 1829963 Ontario I JIIMProposed Clarington Official Plan Amendment and Zoning By- law Amendment to allow camping and ancillary uses COPA 2014-0001 ZBA 2014-0006 l —� jCri RCCaIpPJdL FOAC.QIN ---- - O Licenced Pit �.. _ - Area a 5s��i r Oce Tent Camping " a RV Camping 9 ,1 a f O L 2 7 V H Y 1829983 Ontario Inc z Darclarke Properties Corp Canadian Motorsport Ventures zaa xo�a-Woos , Background 409 Subject site L t, Property Location Map (Darlington) 0 Public 0 N • a J It comments 2! • � OA 20 Agency comments 0 Subject 0 • Staff Site w z J m � ROAD comments ° ~ ua LU � J Q U z O 0 z J Q ❑ 0 ------------------------------- ,77 Mosport Tourism Node I � `✓, • LE®AR • Lan s nearby a Tourism =: SPECIAL R9R ! L Node 1 R • Lands designated '°R ISEEmBN gREA ISEE MAP A5� I Al General Agricultural Area, Natural Linkage _ R � i igyp�4A i • j 3 s i��4t qp�f� Area, Environmental -- L Protection Area NEW I NEYlTONVILLR URBA REA - SEE A4 • Clarington Official Plan polices d not permit LAKE ONTARIO requested camping use -=-I-IFT N��Y =-E-E ' N HAMLET ROIINOARY GREEN RPACE AGGREGATE T- AREA -ORM R°l1NGFRY NAT.FiM. l CORE RREA SECpYOARY SCHDOL uaeu,REsoENrIAL 0 NAruRAi j _LIC MAP Al(CLARKE) NNNAGE AAEA ELEmENrAaY SCHOOL oouNrnrReslGEVTIu -wnrEruRart -"_."'sPECIai PGLecv AREA LAND USE cRELNwnr CLARKE RURAL AREA HAMLET RESIOENnAL ® ol—T PARK .........SPEcwL snuor AREn OFFICIAL PLAN ® RNRPl LEr PAR.c y� ��I MUNICIPALITYGF CLARINGTON RESIOEJaIAt ausrER �F ITY C m.o O OIILItt O PRIME ppLF COVRSE SWW Ar;RIcuLTURAL AREA I :s - E i5= _^ :' - -____,- _ � 111 111111111111111111111 cn -- °E: -e- �L �♦ : _.c- -c is i° ♦♦ �► ,rte♦� ♦♦�� •':C. un Ci{.C �ie -i5 _-s. z- o':Uf "C�: 3E e•_ _ as a� �v =_�2c= ;__c - �Q � �%:' ��♦�I���: SC:SItSSSt. :,:fIS f as=:a:ze _. ;" �.� ♦� ♦�r� ♦� �♦♦ ��. INK .CCiu• —U{L JL■1 II 1,..11■ l.n111 nmn., -• --- ^ - ���� ♦� �� ��. ♦♦ " C{ . c`a=Gc cg's. c:_ P _ -— 5_z� : " �� �� ♦ .► �S����O♦♦ N •+:IC" "C:fI000S1:u.IU" IL' a�- �•n_�=i'a 1''_�ref 7C c i_?a_ ���♦������` ♦1 � �,.::5..'. _ :{fC::fi u i T: �_- z"Si ig':°c;g ° i=„°- �� Q�Q� ♦ U1:77�:i�l:i:• _ C:j '.�'�"�'..�tilCiiniiiHy'�. �tl�flSn,S:[ i5�"�L. :i e_ �- ♦��/� ♦ SIC{"UiC�C.ISUfCCII II{SCSu�CtfC..:.f...w S '� �'��� �\ ��___� a \ ��` �+•� ���� ,� Ia:n:L'IS: ... SC,nG..Cy -^-!6 I"' is �. � °- "-'---_ \ �� � "��♦� �. �y ,,■n'� IL°1 ::::nCY��. i � :ec Gc is'e_- \ p 6C��♦ �♦ ♦♦ ♦ Proposed Clarington Official Plan Amendment and Zoning By- law Amendment to allow parking and ancillary uses COPA 2014-0002 ZBA 2014-0011 H7 Al: Woodlot - 1 Y 9 _ W-MJ -7E - y - L tM f Background SHUTTLE BUS S ^ PARKING ROUTE w 7� 1CONCESSION ROAD 10 0 'L C ,F. 33 MAIN STAGE AREA 24 • Capacity for approximately 7,400 vehicles • Shuttle buses running between the parking area and the event Property Location Map (Clarke) • Public ?v 14 commentsREGIONAL ROAD 20 y CONCFSSION ROAD 10 Agency I4 {If 1r rte .. comments Site ILC Q � • Staff comments T4G ROAD in _LO r � d I 6[ L7 0 rm — It V z 8 l' j ffi / LEBKAR SPECIAL KM /, E • Lands designated -: aaE; ' t i R General Agricultural 711/:ORONO URBAN ISEE MAP A5� I Area and AI I �4a Environmental Protection Area NEW I NEYlTONVILLR URSA REA - -- SEE A4 ClaringtonNEW Official Plan --- _R olices do not ermit - -- ' a p p LAKE ONTARIO requested parking use _EN�R�NE _ N URBAN BOUNDARY PROTECTION ARFA. AORICOLNRAL PAFA A' —HAMLET BOUNDARY —GREEN BPACE AGGREGATE 'V PUBTION AREA ORM BIXINUFRY xATIFiAi. L. CORERREA SECONDARY SCHOOL uRsral HEsoENFIAL 0 WITURAI j _LIC MAP Al(CLARKE) uNKAGE AnEA ELEMENiARr scHoa DDuNrnrBesIDENTiu -wnrEruRart -"_."'sPEcuL ROIPCV AREA LAND USE cREENwnr CLARKE RURAL AREA HAMLEL RESIOENnAL ® O—CTF— .........SOFFICIAL PLAN ® RURPl ® Ha+LET gARR yL ��I MUNICIPALITYGF CLARINGTON RESIOELIrIAt ausrER TF ITY .mIo 0 IILILItt PRIME GOLFCWRSE 0 GRItlILTNBALAREA • _�� w - - - - � Him till e Woodlot TIM � i l —� jCri RCCaIpPJdL FOAC.QIN ---- - O Licenced Pit �.. _ - Area a 5s��i r Oce Tent Camping " a RV Camping 9 ,1 a f O L 2 7 V H Y 1829983 Ontario Inc z Darclarke Properties Corp Canadian Motorsport Ventures zaa xo�a-Woos ,