HomeMy WebLinkAbout02/02/2015 Clarington
General Purpose and Administration Committee Agenda
Date: February 2, 2015
Time: 9:30 AM
Place:,Council Chambers
If this information is required in an alternate accessible format, please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Audio Record: The Municipality of Clarington makes an audio record of General
Purpose and Administration Committee meetings. If you make a delegation or
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.
I. Meeting Called to Order
2. Disclosures of Pecuniary Interest
i
3. Announcements
4. Adoption of Minutes of Previous Meeting
a. Minutes of a Regular Meeting of January 19, 2015 4-1
b. Minutes of a Special Meeting of January 16, 2015 4-18
5. Public Meetings
No Public Meetings
6. Delegations
a. Michael Hackenberger, Bowmanville Zoo, Regarding PSD-010-15, Street j
Names in Farsight Homes Subdivision
b. David Stuckless, Magnetsigns, Regarding a Mobile Sign Company
Licence (Confidential Delegation in Accordance with Section 239 (2) (b)) r
I
C. Peggy Brain, Regarding By-law 93-144, Sidewalk Snow Removal and
Clearing
r
Corporation of The Municipality of Clarington
40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905-623-3379
G.P. &A. Agenda 2 February 2, 2015
7. Presentations
No Presentations
8. Planning Services Department
(a) PSD-010-15 Street Names in Farsight Homes Subdivision, 8-1
Bowmanville
(b) PSD-011-15 Year End Report on Planning Activities for 2014 8-5
9. Engineering Services Department
No Reports
10. Operations Department
No Reports
11. Emergency and Fire Services Department
No Reports
1*2. Community Services Department
No Reports
13. Municipal Clerk's Department
(a) CLD-002-15 Refreshment Vehicles/Municipal Peddlers Permits 13-1
(b) CLD-007-15 Appointment to Durham Trail Coordinating Committee 13-26
14. Corporate Services Department
(a) COD-001-15 Clarington Public Library— Courtice Branch 14-1
Expansion
(b) COD-002-15 Priority Green Clarington - Green Development 14-5
Standards, Guidelines and Incentives
15. Finance Department
No Reports
`r
G.P. &A. Agenda 3 February 2, 2015
16. Solicitors Department
No Reports
i
17. Chief Administrative Office
No Reports
18. -Unfinished Business
None
r
19. Other Business
20. Communications
None
I,
21. Confidential Reports
No Reports
22. Adjournment
i
r
j
f
f;
4
i
y
i
I
i
Clarington
General Purpose and Administration Committee
Minutes
January 19, 2015
If this information is required in an alternate accessible format; please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, January 19, 2015 at 9:30 AM in the Council Chambers.
Roll Call
Present Were: Mayor A. Foster
Councillor S. Cooke
Councillor R. Hooper
Councillor J. Neal
Councillor W. Partner arrived at 9:32 AM
Councillor C. Traill arrived at 9:32 AM
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services & Human Resources, M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency & Fire Services, G. Weir
Deputy Clerk, J. Gallagher
Committee Coordinator, M. Chambers
Mayor Foster chaired this portion of the meeting.
Disclosures Of Pecuniary Interest
There were no disclosures of pecuniary interest stated at this meeting.
Announcements
Councillor Hooper announced the announcements:
• Central Lake Conservation Authority has appointed Chris Darling as their new
Chief Administrative Officer, he will be filling the vacancy left by Russell Powell.
• Clarington Museums are looking for volunteers for various positions. Please
contact the Museum directly for more information at 905-623-2734 or
www.claringtonmuseums.com.
J
4-1
j
General Purpose and Administration Committee
Minutes
January 19, 2015
• The Gathering Place Dinner at St. Paul's United Church on Friday, February 6,
2015 at 4:30 PM.
Councillor Partner announced the following upcoming events:
• Free Baby Massage Class at the Clarington Public Library, Newcastle Branch on
Tuesday, January 20, 2015 starting at 10:30 AM.
• English Conversation Circle at the Clarington Public Library, Newcastle Branch
on Wednesday, January. 21, 2015 at 6:00 PM.
• Orono United Church's Roast Pork Dinner on Saturday, January 24, 2015
beginning at 5:30 PM.
• Applications are being accepted for Trees for Rural Roads Program until March
31, 2015, contact Central Lake Ontario Conservation Authority for applications
and more information.
Councillor Traill announced the following upcoming events:
• Durham Cattleman Dinner on Friday, January 16, 2015 in Nestleton.
Mayor Foster announced the following upcoming events:
• Newcastle BIA's Annual General Meeting on Tuesday, January 20, 2015 at
Dee's Harvest Table at 7:00 PM.
• Clarington Board of Trade's Networking Breakfast at Chanterelle's on Thursday,
January 21, 2015 at 7:30 AM..
• The Ontario Philharmonic Performance at the Regent Theatre in Oshawa on
Saturday, January 14, 2015.
• Ganaraska Region Conservation Authority's Cross Country Skiing and
Snowshoe Day on Saturday, January 24, 2015 from 9:30 AM to 3:30 PM.
• Clarington Older Adult Centre's Robbie Burns Luncheon on Tuesday,
January 27,,2015 from 11:30 AM to 1:00 PM.
Minutes
Resolution #GPA-023-15
Moved by Councillor Woo, seconded by Councillor Partner
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on January 5, 2015, be approved.
CARRIED
- 2 -
4-2
c
General Purpose and Administration Committee
Minutes
January 19, 2015
Councillor Woo chaired this portion of the meeting.
Public Meeting
(a) Subject: Applications for a Zoning By-law Amendment
Applicant: Zemer Holdings Ltd.
Report: PSD-006-15
Anne Taylor Scott, Planner, made a verbal and electronic presentation to the L
Committee regarding the application.
No one spoke in opposition to or support of the application.
Michael Fry, D.G. Biddle and Associates, spoke on behalf of the applicant. Mr. Fry
advised the Committee that the applicant has gone to great lengths to ensure all the
property owners in the area are satisfied with the proposed application. He added that
the applicant has requested several changes to the plan to ensure that all of the
concerns are addressed. Mr. Fry advised that some of considerations were the
reorientation of the building to be in line with Martin Road, a reduction of the set back of
the building,.and some of the privacy concerns have been addressed. Mr. Fry
concluded by noting that he attended the public meeting and believes most of the area
property owners are satisfied with the current plan, and that the majority of the concerns
have been addressed.
t
i
Mayor Foster chaired this portion of the meeting.
Delegations
Delegation of Audrey Andrews, Manager, Diversity and Immigration, Region of
Durham, Regarding the Annual Report Card — Diversity and Immigration
Audrey Andrews, Manager, Diversity and Immigration, Region of Durham, was present
to provide an update on the Annual Report Card — Diversity and Immigration. She
made a verbal presentation to accompany an electronic presentation and a handout.
She explained the purpose of the Annual Report Card and a brief background of the
report. Ms. Andrews provided an overview of the Community Demographics of the
Region of Durham. She continued by reviewing the Community Plan Priorities which
were to create a culture of inclusion, improve labour market outcomes for newcomers,
attract and retain newcomers, and enhance Durham's settlement capacity. Ms.
Andrews provided a summary and highlights of the four Priority Areas. She concluded
her presentation by summarizing how the Local Diversity and Immigration Partnership
Council are supporting excellence within the Durham Region and their future goals and
objectives.
E
i
- 3 -
4-3
General Purpose and Administration Committee
Minutes
January 19, 2015
Resolution #GPA-024-15
Moved by Councillor Woo, seconded by Councillor Partner
That the delegation of Audrey Andrews, Region of Durham, regarding the Annual
Report Card, Diversity and Immigration, be received with thanks. .
CARRIED
Delegation of Sheila,Hall, Clarington Board of Trade, Regarding an Economic
Development Update
Sheila Hall, Executive Director, Clarington Board of Trade (CBOT), was present to
provide an Economic Update. She made a verbal presentation to accompany a
handout. Ms. Hall thanked the past president and welcomed the new president. She
noted the members of her team present at the meeting and thanked them for all of their
work and dedication. Ms. Hall continued that 2014 was a busy year and they were
continuously looking at growth options. She added that, going into 2015, they are
focussing on target relationships and sharing Clarington's story. Ms. Hall advised the
Committee that there has been an increase in manufacturing, however this industry is
looking for large buildings and Clarington does not have them available. She added
that our best option is to provide them with the land. Ms. Hall continued that they are
looking at ways to encourage development growth and stimulate community growth.
She advised there has been an increase in direct leads and awareness, with a focus on
the real estate market. Ms. Hall advised that, at the end of 2014, the CBOT had 298
members and hosted 190 events. She noted that the CBOT received the Spirit of
Agriculture award from the Durham Farm Connections for 2014. Ms. Hall summarized
some of the areas of focus for 2015 which include working with young entrepreneurs,
staying connected with students, ensuring that local contractors are on the radar, and
fostering partnerships. Ms. Hall advised they have been working with local contractors
and building relationships with Clarington's Purchasing Division. She concluded her
presentation by summarizing stating, that they will continue to share successes,
distribute the monthly newsletter, host breakfast meetings and share Clarington's story.
She added that they have been in contact with Target and will be looking at ways to
assist the employees with resume writing and job fairs.
Resolution #GPA-025-15
Moved by Councillor Hooper, seconded by Councillor Cooke
That the delegation of Sheila Hall, Executive Director, Clarington Board of Trade,
regarding an Economic Development Update, be received with thanks.
CARRIED
- 4 -
4-4
r
i
General Purpose and Administration Committee
Minutes
January 19, 2015
Delegation of Lennis Trotter and Mike Chesson, Regarding a Request for Funding
Support for the Children's Safety.Village
Lennis Trotter, Chairman, Children's Safety Village, was present to request funding
support for the Children's Safety Village. He made a verbal presentation to accompany
a video presentation and a handout. Mr. Trotter provided a brief history of the Safety
Village and explained the community organizations involved. He added that
approximately 15,000 children visit each year and that approximately 1400 of these
children are from the Municipality of Clarington. Mr. Trotter advised the Committee that
they are in the process of renewing a 20 year lease and they are looking to expand the
current programs and perform some updates to the Safety Village. He noted that the
Fire Department is looking to become involved in the programs offered and this would
require the addition of a new classroom and a Smoke Room in the Safety Village. Mike
Chesson provided an overview of some of the partnerships they have with various
organizations. He continued by listing the events that the Safety Village hosts
throughout the year. Mr. Trotter concluded by showing a promotional video, listing
sponsorship opportunities and describing the benefits of their programs for the
community.
Resolution #GPA-026-15 l'
Moved by Councillor Cooke, seconded by Councillor Hooper
That the delegation of Lennis Trotter and Mike Chesson, regarding funding support for
the Children's Safety Village, be received with thanks and referred to the 2015 Budget.
CARRIED
Delegation of Ted Watson, Chair, Agricultural Advisory Committee, Regarding an
Annual Update
Ted Watson, Chair of the Clarington Agriculture Advisory Committee (AAC) was present
to provide an annual update of the Agricultural Advisory Committee of Clarington. He
made a verbal presentation to accompany a handout. Mr. Watson noted that agriculture
is the second largest industry in Durham and the largest industry in Clarington. Mr.
Watson presented the list of 2014 Accomplishments of the Agricultural Advisory
Committee. He informed the Committee that there is an increase in larger farms in
Clarington, however there are still many smaller farms remaining. Mr. Watson noted
that since the AAC was formed 14 years ago there has been a continuous increase in j
the relationship between the AAC, staff and members of Council. He added that this is
resulting in a positive change in the direction of agriculture in Clarington. Mr. Watson
highlighted recognition of several members of AAC for various awards and involvement
in projects. He thanked and acknowledged the Clarington Board of Trade for their
involvement with the AAC. Mr. Watson provided an update on the farming in the 407
Corridor and what the status of farming would be in that area until the end of 2015. He
concluded by listing items that they will be focussing on for 2015 which included the
- 5 -
I
4-5
General Purpose and Administration Committee
Minutes
January 19, 2015
407, Clarington Official Plan, Greenbelt Review, Provincial Policy Statement and the
use of Neonicotinoid. Mr. Watson provided some background details on the use of
Neonicotinoid and is asking Council to provide their support for a decision on the use of
Neonicotinoid based on science. He concluded by thanking staff and members of
Council for their support.
Resolution #GPA-027-15
Moved by Councillor Partner, seconded by Councillor Hooper
That the delegation of Ted Watson, Agricultural Advisory Committee, regarding an
annual update, be received with thanks;
That Mr. Watson's letter to the Ontario Pollinator Health, Ministry of Agriculture, Food
and Rural Affairs regarding Pollinator Health: A Proposal for Enhancing Pollinator Heath
and Reducing the Use of Neonicotinoid Pesticides in Ontario, EBR Registry Number
012-3068, dated January 13, 2015, be added to the Council agenda of January 26,
2015; and
That notification of Council's decision on the letter be forwarded to the Association of
Municipalities of Ontario, all area Municipalities, and the Ontario Ministry of Agriculture,
Food and Rural Affairs.
CARRIED
Delegation of Terry Burns, Regarding Report PSD-007-15, Former Newcastle Fire
Hall (247 King Avenue East, Newcastle)
Terry Burns advised staff, prior to the meeting, that she would be unable to attend as a
delegation.
Recess
Resolution #GPA-028-15
Moved by Councillor Partner, seconded by Councillor Woo
That the Committee recess for 15 minutes.
CARRIED
The meeting reconvened at 11:22 AM with Councillor Woo in the chair.
Presentations
There were no presentations.
- 6 -
4-6.
General Purpose and Administration Committee
Minutes
January 19, 2015
Planning Services Department
Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment
Building at 50 Martin Road in Bowmanville
Resolution #GPA-029-15
Moved by Councillor Hooper, seconded by Mayor Foster
That Report PSD-006-15 be received;
That the application for Zoning By-law Amendment, ZBA 2014-0013, submitted by
Zemer Holdings Ltd. for a proposed apartment building, continue to be processed
including the preparation of a subsequent report; and
That.all interested parties listed in Report PSD-006-15 and any delegations be advised
of Council's decision.
CARRIED
Alter the Agenda
k
Resolution #GPA-030-15
Moved by Councillor Hooper, seconded by Mayor Foster
That the agenda be altered to consider the correspondence from Dean Jacobs,
concerning the Public Meeting (Agenda Item 5(a)) regarding the application by Zemer
Holdings Ltd. at 50 Martin Road, be considered at this time.
CARRIED
Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment
Building at 50 Martin Road in Bowmanville
Resolution #GPA-031-15
Moved by Mayor Foster, seconded by Councillor Cooke
That correspondence from Dean Jacobs, concerning the Public Meeting (Agenda
Item 5(a)) regarding an application by Zemer Holdings Ltd. to Rezone Lands to Permit
an Apartment Building at 50 Martin Road in Bowmanville, Report PSD-006-15, be
referred to the Director of Planning Services to be considered as part of the application
review process.
CARRIED
j
- 7 -
4-7 ;'
General Purpose and Administration Committee
Minutes
January 19, 2015'
Former Newcastle Fire Hall (247 King Avenue East, Newcastle) 1. Declaration of
Surplus Land 2. Process for the Clean-up and Disposal of the Surplus Site
3. Permit Commercial and Mixed-uses on the Site
Resolution #GPA-032-15
Moved by Councillor Partner, seconded by Councillor Traill
That Report PSD-007-15 be received;
That Council declare the property municipally known as 247 King Avenue East,
Newcastle, as surplus;
That Council authorize Staff to proceed with site remediation, including demolition of the
building and the funds be drawn from the Land Acquisition account;
That a road widening, as required by the Durham Regional Official Plan, be conveyed to
the Region of Durham;
That Council authorize Staff to sell the subject site once it has been remediated by
proposal call as outlined in Confidential Attachment 2 to Report PSD-007-15;
That the Zoning By-law application, to permit commercial uses on the former Newcastle
Fire Hall property, be approved with a "Holding (H) Symbol" as contained in
Attachment 3 to Report PSD-007-15;
That a by-law be forwarded to Council to lift the "Holding (H) Symbol" at such time as
the purchaser has entered into a site plan agreement;
That the Region of Durham Planning and Economic Development Department and the
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-007-15 and Council's decision; and
That all interested parties listed in Report PSD-007-15 and any delegations be advised
of Council's decision.
CARRIED
LATER IN THE MEETING
(See following motions)
- 8 -
4-8
General Purpose and Administration Committee
Minutes
January 19, 2015
Closed Session
Resolution #GPA-033-15
Moved by Councillor Hooper, seconded by Mayor Foster
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing Report PSD-007-15, regarding the
former Newcastle Fire Hall, a matter that deals with the following:
• a proposed or pending acquisition or disposition of land by the municipality or
local board; and
l
with advice that is subject to solicitor-client privilege, including
communications necessary for that purpose.
CARRIED C
Rise and Report I
The meeting resumed in open session at 12:24 PM with Councillor Woo in the Chair.
I
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. j
The foregoing Resolution #GPA-032-15 was then put to a vote and carried.
Recess
Resolution #GPA-034-15 j!
Moved by Councillor Partner, seconded by Councillor Neal
r`
That the Committee recess for one hour.
CARRIED
The meeting reconvened at 1:32 PM with Councillor Woo in the chair.
Application by West Diamond Properties Inc. for Removal of Holding Symbol
4
Resolution #GPA-035-15
i
i'
Moved by Councillor Hooper, seconded by Councillor Cooke r
That Report PSD-008-15 be received;
I
That the application, submitted by West Diamond Properties Inc. to remove the Holding
(H) Symbol be approved and that the By-law contained in Attachment 1 to Report
PSD-008-15 to remove the Holding (H) Symbol, be passed;
- 9 -
4-9 :?
General Purpose and Administration Committee
Minutes
January 19, 2015
That Council's decision and a copy of Report PSD-008-15 be forwarded to the Region
of Durham Planning and Economic Development Department and the Municipal
Property Assessment Corporation; and
That all interested parties listed in Report PSD-008-15 and any delegations be advised
of Council's decision.
CARRIED
A Rezoning Application by 2420643 Ontario Inc. to Allow Office Uses at 1677
Durham Highway 2, Courtice
Resolution #GPA-036-15
Moved by Mayor Foster, seconded by Councillor Neal
That Report PSD-009-15 be received;
That the Zoning By-law amendment application, submitted by 2420643 Ontario Inc., be
approved as contained in Attachment 1 to Report PSD-009-15;
That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-009-15 and Council's decision; and
That all interested parties listed in Report PSD-009-15 and any delegations be advised
of Council's decision.
CARRIED
LATER IN THE MEETING
(See following motions)
Resolution #GPA-037-15
Moved by Councillor Neal, seconded by Councillor Traill
That the foregoing Resolution #GPA-036-15 be amended by adding the following to the
end of paragraph two:
as a temporary approval for a period of three years."
MOTION LOST
LATER IN THE MEETING
(See following motion)
- 10 -
4-10
i
General Purpose and Administration Committee
Minutes
January 19, 2015
Resolution #GPA-038-15
Moved by Councillor Neal, seconded by Councillor Cooke
That the matter of a Rezoning Application by 2420643 Ontario Inc. to Allow Office Uses
at 1677 Durham Highway 2 be referred back to Staff for a report on the possibility of a
temporary three year approval.
MOTION LOST
The foregoing Resolution #GPA-037-15 was then put to a vote and lost.
The foregoing Resolution #GPA-036-15 was then put to a vote and carried.
Councillor Neal chaired this portion of the meeting.
Engineering Services Department
I
Port of Newcastle Subdivision Phase 2 West Stage 1, Newcastle, Plan 40M-2303
`Certificate of Acceptance' and `Assumption By-law', Final Works Including
Roads and Other Related Works
Resolution #GPA-039-15
I
Moved by Councillor Cooke, seconded by Mayor Foster
That Report EGD-002-1.5 be received;
I
That the Director of Engineering Services be authorized to issue a `Certificate of
Acceptance' for the Final Works, which includes final stage roads and other related
Works, constructed within Plan 40M-2303;
That Council approve the by-law contained in Attachment 2 to Report EGD-002-15,
assuming certain streets within Plan 40M-2303 as public highways; and
That all interested parties listed in Report EGD-002-15 and any delegations be advised
of Council's decision.
CARRIED
E°
i
k
4-11 j<
General Purpose and Administration Committee
Minutes
January 19, 2015
Dunbury Subdivision Phase 2, Bowmanville, Plan 40M-2202 `Certificate of
Acceptance' and `Assumption By-law', Final Works Including-Roads and Other
Related Works
Resolution #GPA-040-15
Moved by Councillor Hooper, seconded by Councillor Cooke
That Report EGD-003-15.be received; .
That the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which includes'final stage roads and other related
Works, constructed within Plan 40M-2202;
That Council approve the by-law contained in Attachment 2 to Report EGD-003-15,
assuming certain streets within Plan 40M-2202 as public highways; and
That all interested parties listed in Report EGD-003-15 and any delegations be advised
of Council's decision.
CARRIED
Report on Building Permit Activity for October, November, and December, 2014
Resolution #G PA-041-15
Moved by Councillor Partner, seconded by Councillor Cooke
That Report EGD-004-15 be received for information.
CARRIED .
Review of Residential Grading Policy and By-law
Resolution #GPA-042-15
Moved by Councillor Neal, seconded by Councillor Hooper
That Staff be directed to review the policies and bj-laws pertaining to residential lot
grading and report back to the General Purpose and Administration Committee meeting
of April 20, 2015 on potential improvements that can be made.
CARRIED
- 12 -
4-12
i
General Purpose and Administration Committee
Minutes
January 19, 2015
Carpool Lots in Courtice and Dowmanville
Resolution #GPA-043-15
F
Moved by Councillor Neal, seconded by Councillor Cooke
That Staff be directed to report back to the General Purpose and Administration
Committee meeting of March 30, 2015 on potential carpool lots, from municipally owned
property, in Courtice and Bowmanville
CARRIED
I
Operations Department
There were no reports to be considered under this section of the Agenda.
Emergency and Fire Services Department
i
There were no reports to be considered under this section of the Agenda.
Community Services Department
There were no reports to be considered under this section of the Agenda. j
Councillor Trail chaired this portion of the meeting.
I
Clerk's Department
New Smoke Free Ontario Legislation
t
i
Resolution #GPA-044-15
i
Moved by Councillor Partner, seconded by Councillor Hooper
That Report CLD-003-15 be received for information.
CARRIED
Appointments to Boards and Committees — Process Amendment
f
Resolution #GPA-045-15
I'
Moved by Councillor Neal, seconded by Councillor Woo
C
That Report CLD-004-15 be received;
h
f
- 13 -
4-13 F
General Purpose and Administration Committee
Minutes
January 19, 2015
That the draft recommended Appointments to Boards and Committees Policy
(Attachment 2 to Report CLD-004-15) be approved, and
That all interested parties listed in Report CLD-004-15 and any delegations be advised
of Council's decision.
CARRIED
Appointment to Newcastle Village Community Hall Board
Resolution #GPA-046-15
Moved by Councillor Partner, seconded by Councillor Woo
That Report CLD-005-15 be received;
That the following three applicants be appointed to the Newcastle Village Community
Hall Board for a two-year term ending December 31, 2016 or until a successor is
appointed:
a. Sierd De Jong
b. Dave Eastman
c. Shirley Rogers
and;
That all interested parties listed in Report CLD-005-15 be advised of Council's decision.
CARRIED
Mayor Foster chaired this portion of the meeting.
Corporate Services Department
There were no reports to be considered under this section of the Agenda.
Finance Department
List of Applications for Cancellation, Reduction, Apportionments or Refund of
Taxes
Resolution #GPA-047-15
Moved by Councillor Hooper, seconded by Councillor Neal
That Report FND-002-15 be received; and
- 14 -
4-14
I;
General Purpose and Administration Committee
Minutes
January 19, 2015
That the list of applications for cancellation, reduction, apportionments or refund of
taxes, attached to Report FND-002-15, be approved.
CARRIED
Solicitor's Department
Amendments to the Boulevard By-Law
Resolution #GPA-048-15
Moved'by Councillor Partner, seconded by Councillor Woo
That Report LGL-002-15 be received; and
i
That a by-law amending Boulevard By-law 2013-066, in the form attached to Report
LGL-002-15 (Attachment 1), be passed.
CARRIED
c
Chief Administrative Officer I
International Alliance Policy
Resolution #GPA-049 -15
Moved by Councillor Woo, seconded by Councillor Partner
i
r it
That Report CAO-001-15 be received; and
That the International Alliance Program appended to Report CAO-001-15 be approved.
CARRIED AS AMENDED
(See following motion)
E
Resolution #GPA-050-15
r
f
Moved by Councillor Neal, seconded by Councillor Traill
I
That the foregoing Resolution #GPA-049-15 be amended to add the following to j
paragraph two of the resolution: t
r
"with the following addition to the end of Section 2 Paragraph 1 of Policy F10:
"and approved by Council.""
CARRIED
The foregoing Resolution #GPA-049-15 was then put to a vote and carried as amended.
I
- 15 -
4-15
G
General Purpose and Administration Committee
Minutes
January 19, 2015
Unfinished Business
There were no items to be considered under this section of the Agenda.
Other Business
Update on Contract Negotiations
Resolution #GPA-051-15
Moved by Councillor Neal, seconded by Councillor Trail[
That staff report to Council on an update of the current contract negotiations at the
Council meeting of January 26, 2015.
MOTION LOST
Municipal Elections — Safety on the Campaign Trail
Resolution #GPA-052-15
Moved by Councillor Traill, seconded by Councillor Cooke
That, as part of the Clerk's report on the 2014 Municipal Elections, a flyer/handout be
prepared as an insert in the Candidate's Information package for future elections
regarding safety on the campaign trail; and
That the insert be prepared in conjunction with the Federation of Canadian
Municipalities' candidate safety suggestions and Durham Regional Police Services
guidelines for safety.
CARRIED
Communications
Application by Zemer Holdings Ltd. to Rezone Lands to Permit an Apartment
Building at 50 Martin Road in Bowmanville
Correspondence from Dean Jacobs, concerning the Public Meeting (Agenda Item 5(a))
regarding a Report PSD-006-15 Regarding an Application for Proposed Zoning By-law
Amendment by Zemer Holdings was considered earlier in the meeting following the
Delegation Section of the Agenda.
Confidential Reports
There were no items considered under this section of the Agenda.
- 16 -
4-16
i'
`r
General Purpose and Administration Committee
Minutes
January 19, 2015
Adjournment
Resolution #GPA-053-15
'r
Moved by Councillor Partner, seconded by Councillor Traill
THAT the meeting adjourn at 3:06 PM.
CARRIED
i
MAYOR DEPUTY CLERK
i
I
i
i
I
I'
i
I'
i
I~
h
E
- 17 -
4-17
ClarbgtonSpecial General Purpose and Administration Committee
Minutes
January 16, 2015
If this information is required in an alternate accessible format, please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Minutes of a special meeting of the General Purpose and Administration Committee
held on Friday, January 16, 2015 at 9:00 AM at the Beech Centre.
Roll Call
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor S. Cooke
Councillor J. Neal (arrived at 9:25 AM)
Councillor W. Partner
Councillor C. Traill (arrived at 9:25 AM and left at 12:30 PM)
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath f
Director of Corporate Services & Human Resources, M. Marano I
Director of Finance/Treasurer, N. Taylor
Director of Emergency & Fire Services, G. Weir
Municipal Clerk, A. Greentree
Manager of Operations, S. Brake
Corporate Initiatives Officer, C. Clifford
Deputy Treasurer, L. Gordon
Administrative Assistant to the Director of Finance, H. Lynch
Corporate Communications Officer, B. Radomski
Mayor Foster chaired this portion of the meeting. j
Disclosures of Pecuniary Interest
i
There were no disclosures of pecuniary interest stated at this meeting.
F
i
'1
4-18
Special General Purpose and Administration Committee
Minutes
January 16, 2015
Finance Department
Nancy Taylor, Director of Finance/Treasurer provided a verbal report, accompanied by
a PowerPoint presentation, highlighting:
➢ Financial Indicators — BMA Statistics
➢ Federal and Provincial funding grant process
➢ Land Area Densities, Assessments and Levies
➢ Property Comparisons
➢ Historical Trends
➢ Financial Stability
➢ Asset Management
Recess
Resolution #GPA-019-15
Moved by Councillor Woo, seconded by Councillor Partner
That the committee recess for 15 minutes.
CARRIED
The meeting reconvened at 10:30 AM:
The Director of Finance/Treasurer continued with her presentation, highlighting:
➢ Debt update
➢ Reserves and Reserve Funds
➢ Development Charges.
Recess
Resolution #GPA-020-15
Moved by Councillor Partner, seconded by Councillor Woo
That the committee recess for 10 minutes.
CARRIED
The meeting reconvened at 11:50 AM.
The Director of Finance/Treasurer continued with her presentation, highlighting the
preliminary 2015 Capital Budget.
- 2 -
4-19
Special General Purpose and Administration Committee
Minutes
January 16, 2015
Recess
Resolution #GPA-021-15
Moved by Councillor Woo, seconded by Councillor Partner
That the committee recess for 45 minutes.
CARRIED
The meeting reconvened at 1:15 PM.
The Director of Finance/Treasurer continued with her presentation, highlighting the
2015 draft Capital Budget.
Franklin Wu, Chief Administrative Officer, provided an explanation of the staffing
requests being put forward in 2015.
The Director of Finance/Treasurer continued with the PowerPoint presentation,
providing explanation of the preliminary 2015 operating budget. Additionally, the
Director advised of the next steps in the budget process and reminded Members of
Committee of the Special General Purpose and Administration Committee Meeting
scheduled for February 27, 2015 to consider the 2015 Budget.
4
Adjournment
Resolution #GPA-022-15
Moved by Councillor Neal, seconded by Councillor Hooper
r
That the meeting adjourn at 2:23 PM.
CARRIED
1�
r
Mayor Deputy Clerk
i
- 3 -
4-20
DRAFT LIST
OF DELEGATIONS
GPA Meeting: February 2, 2015
(a) Michael Hackenberger, Bowmanville Zoo, Regarding PSD-010-15, Street
Names in Farsight Homes Subdivision.
(b) David Stuckless, Magnetsigns, Regarding a Mobile Sign Company Licence
(Confidential Delegation in Accordance with Section 239 (2) (b))
(c) Peggy Brain, Regarding By-law 93-144,.Sidewalk Snow Removal and
Clearing
i'
ii
6-1
Clarftwa
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: February 2, 2015
Report Number: PSD-010-15 Resolution:
File Number: S-C 2005-002, PLN 7.9 By-law Number:
Report Subject: Street Names in Farsight Homes Subdivision, Bowmanville
i
Recommendations: E
i
1. That Report PSD-010-15 be received;
2. That Council authorize the use of names associated with the Bowmanville Zoo in the draft
approved plan of subdivision S-C 2005-002; and
r
3. That the Bowmanville Zoo, Farsight Homes and any delegations be advised of Council's
decision.
4
i
i
i
i
I
i
i
F
i
i
I
8-1
i
Municipality of Clarington
Report PSD-010-15 Page 2
Report Overview
On December 16th, 2013, Council directed staff to name a street "Limba Way" within the
Farsight Homes draft approved plan of subdivision in Bowmanville west of Lambs Road.
There are 4 other streets within this future plan of subdivision, which is abutting the
Bowmanville Zoo. It is recommended that Council also consider naming these streets with
other animal names associated with the Bowmanville Zoo.
1 . Background
On December 16, 2013 Council directed that street I draft approved plan of subdivision
S-C 2005-002, shown in Figure 1, be named Limba Way to honour the memory of the
then recently deceased elephant Limba.
2. Comments
In consideration of the long history of the Bowmanville Zoo and the proximity of this
institution to the future subdivision to be developed by Far Sight Homes, Council may
wish to consider creating a theme for that neighbourhood, in part using other names
associated with the Bowmanville Zoo. The Bowmanville Zoo, founded in 1919, is the
oldest private zoo in North America. There are 5 streets within the draft approved plan
of subdivision.
Using animal or zoo-related street names would require a departure from Council's
policy to use names of war dead and war veterans. However, it is limited to 4 additional
names and would be consistent with Council's previous decision regarding naming a
street "Limba Way".
The Royal Canadian Legion Branch 178 has been consulted and they have no
objection.
3. Concurrence
Not Applicable
4. Conclusion
If Council concurs with this direction, staff will work with the developer and Bowmanville
Zoo to determine mutually satisfactory names. The developer will want to ensure that
the names selected do not detract from the marketing strategy.
5. Strategic Plan Application
Not applicable.
8-2
C
E
r:
Municipality of Clarington
Report PSD-010-15 Page 3
Submitted by: Reviewed by' (�-�- ----�
��-
Crome, MCIP, RPP Franklin Wu,
Dire for of Planning Services Chief Administrative Officer
Staff Contact: David Crome, Director, 905-623-3379 ext. 2402 or dcrome @clarington.net
i
The following is a list of the interested parties to be notified of Council's decision:
Bob Schickedanz, Far Sight Homes
Michael Hackenberger, Bowmanville Zoo
John Greenfield, Royal Canadian Legion Branch 178
DJC/SN/df
i
I
I
i
i
8-3
E
Municipality of Clarington
O
O
N
W
J
J
O
m
IM,
Figure 1: Draft Plan of Subdivision
.A
CONCESSION STREET
O
W
m
P
Attachment 1 to
Report PSD- 010 -14
i
I
L
i
Cla.
ringtoll
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
I
Date of Meeting: February 2, 2015
Report Number: PSD-011-15 Resolution Number:
File Number: PLN.7.17 By-law Number: N/A
Report Subject: Year End Report on Planning Activities for 2014
Recommendation:
1. That Report PSD-011-15 be received for information.
r
I'
jl
i'
i
is
G
i
8-5
Municipality of Clarington
Report PSD-011-15 Page 2
Report Overview
The report outlines planning applications received and approved during 2014. Among other
applications, it includes detailed information on proposed and approved subdivision,
condominium and site plan applications, as well as preconsultation meeting. Charts detailing
the number of applications received and approved in 2014, as well as the number of units/or
floor area proposed and approved is available through the Planning Services Department.
1 . Purpose
This report summarizes planning activity within the Municipality of Clarington for the 2014
year. The Planning Services Department monitors activities to assess the effectiveness of
the Municipality's Official Plan policies and other regulatory documents.
In addition to informing Council on the 2014 year, this report provides information from
the previous two years which assists in identifying emerging issues and possible trends
over a three year period.
For the purposes of this report, information on the following planning activities are
discussed.
• Plans of Subdivision and Part Lot Control
• Plans of Condominium
• Official Plan Amendments.
• Zoning By-law Amendments
• Site Plan Control
• Minor Variances
• Consents
• Sign Permits
• Apartments In-House
• Pre-Consultation Meetings
2. Plans of Subdivision and Part Lot Control
The Director of Planning Services is the delegated approval authority for Plans of
Subdivision. However, the Planning Services Department reports to Council on
applications for proposed draft plans of subdivision at the public meeting stage and when
approval is recommended for an application for proposed Draft Plan of Subdivision.
Some subdivision applications can take a number of years to become draft approved and
may include many revisions before a proposed plan is draft approved. The charts in this
report do not include the applications that have been previously submitted in years past
and are awaiting revisions or working towards approvals.
8-6
i
j
Municipality of Clarington
Report PSD-011-15 Page 3
In 2014 three new applications for proposed draft plan of subdivision were received as
well as one application for revision to a draft approved plan of subdivision.
i
New and Revised Subdivision Applications Received By Unit Typ e
Urban Area Single Detached Semi-detached Townhouse Apartment
or Linked
2014 2013 2012 2014 2013 2012 2014 2013 2012 2014 2013 2012
Courtice 0 123 118 0 8 42 0 0 10 0 0 340
Bowmanville 165 986 190 0 84 181 10 209 0 0 214 0
Newcastle 137 0 0 0 0 0 0 0 0 0 0 0
Hamlets /
Rural Area 0 0 0 0 0 0 0 0 0 0 0 0
Total 302 1109 308 0 92 223 10 2091 101 012141340 ,
Bowmanville continues to be the primary growth area within the Municipality of Clarington
which coincides with the provisions of the Official Plan.
Single detached dwellings continue to be the dominant form of housing being applied for in
subdivision applications. It is expected that townhouse and apartment units will increase and
represent a larger percentage of units applied for in coming years as Provincial Policy
continues to be implemented requiring multiple forms of housing and complete communities.
The cost of housing and a shift in demographics may also lead to an increase in the demand
for smaller units, including townhouses and apartment units being applied for.
E
C
Draft Approved and Issued Revisions to Draft Approval By Unit Type
Urban Area Single Detached Semi-detached or Townhouse Apartment
Linked
2014 2013 2012 2014 2013 2012 2014 2013 2012 2014 2013 2012
Courtice 101 41 0 0 8 0 0 0 10 0 0 0
Bowmanville 0 148 66 4 68 0 19 21 120 0 0 0
Newcastle 137 0 465 0 0 214 0 0 257 0 0 0
Hamlets
Rural Areas 24 0 0 0 0 0 0 0 0 0 0 0
Total 262 189 531 1 4 76 214 19 21 3871 0 1 0 1 0
Additionally, there were six extensions issued to Draft Approved plans of subdivision and one
proposed extension denied. This represents a significant increase in comparison to 2013 when
one extension was issued. The Planning Act grants a three year period of draft approval to
allow the applicant sufficient time to meet all conditions imposed by the municipality. If the
applicant is unable to fulfill all conditions within this timeframe, extensions may be granted by
the municipality to extend the period of draft approval.
I
8-7
Municipality of Clarington
Report PSD-011-15 Page 4
Final Approval By Unit Type
Urban Area Single Detached Semi-detached Townhouse Apartment
or Linked
2014 2013 2012 2014 2013 2012 2014 2013 2012 2014 2013 2012
Courtice 131 47 58 8 74 0 66 10 36 0 0 0
Bowmanville 174 205 33 14 70 0 123 68 14 0 0 0
Newcastle 0 43 0 0 0 0 0 0 0 0 0 0
Hamlets /
Rural Area 0 0 14 0 0 0 0 0 0 0 0 0
Total 305 295 105 22 144 0 189 78 50 0 0 0
Adjacent blocks within two plans of subdivision received final approval for 120 townhouse units
at the southeast corner of Longworth Avenue and Scugog Road. This location is close to
amenities and serviced by arterial roads. Although these lands are generally in an area that is
well established, they are not in the built boundary and do not count towards the municipality's
intensification target of 40% of all building permits issued.
Part Lot Control applications are also processed by Planning Services Department staff and
approval of these applications has been delegated to the Director of Planning Services.
However, a By-law is adopted by Council to implement the decision. Applications for Part Lot
Control allow lots and/or blocks constructed for semi-detached or townhouses to be split and
individually sold. The individual lot is created after construction has commenced to ensure that
the lot is split based on the location of footings and/or common walls. In 2014, a total of 13
applications for Part Lot Control were received and 7 applications were approved.
3. Plans of Condominium
A condominium is the form of housing tenure that usually has individual ownership of a
dwelling unit and joint ownership of common elements and facilities. It is mostly used for
townhouses and apartments.
Condominium A placation Activity
Urban Area Applications Draft Approval Issued Final Plan Approval
Received
2014 2013 2012 2014 2013 2012 20141 2013 2012
Courtice 0 1 1 0 1 0 0 1 0
Bowmanville 0 0 2 0 2 1 1 1 1
Newcastle 0 1 0 0 1 0 0 1 0
Hamlets / Rural
Areas 0 0 0 0 0 0 0 0 0
Total 0 2 31 0 4 1 1 3 1
Final approval was issued in 2014 for Phase 3 of a condominium plan by Kaitlin Homes
(Aspen IV) for 20 residential townhouse units. Condominium applications decreased in 2014
from the previous three years.
8-8
. I
Municipality of Clarington
Report PSD-011-15 Page 5
4. Official Plan Amendments
The Planning Services Department reviews and processes applications to amend the
Clarington Official Plan.
Clarington Official Plan Amendment Activit
2014 2013 2012
Applications Received 3 5 9
Applications Approved 6 8 5
In 2014, three Official Plan Amendments were received, six amendments were approved and
one application was denied. Among the amendments approved was an amendment to
designate land in downtown Bowmanville for high density residential use to implement part of
the Bowmanville East Town Centre Secondary Plan. j
5. Zoning By-Law Amendments
Zoning By-law Amendments include by-laws for the removal of a Holding Symbol which is
often used as a technique to ensure that municipal requirements related to an approval are
implemented through development-agreements.
i
Zoning By-La Amendment Activity
1
Type of Zoning By-Law Amendment Applications Received Applications Approved
Year Year
2014 2013 2012 2014 2013 2012
Removal of Holding 3 8 1 17 6 5
Rezoning 18 19 18 21 10 14
Total 21 27 19 38 16 19
A total of 38 applications were approved which represented a significant increase from the
three previous years. Among the approved were 17 applications to remove a Holding Symbol
signifying that pre-conditions placed to ensure the suitability of land for development had been
met allowing development to proceed according to municipal requirements. .
6. Site Plans
Other than the exceptions for residential buildings with three units or less, farm buildings and
minor additions, the Clarington Site Plan Control By-law requires site plan approval prior to
issuance of a building permit for the majority of Commercial, Industrial, Institutional and Multi-
Residential developments. In addition, site plan is required for buildings on the Oak Ridges
Moraine.
F
I
L
8-9
Municipality of Clarington
Report PSD-011-15 Page 6
Site Plan Activity By Type
Land Use Type Applications Received Applications Approved
Year Year
2014 2013 2012 2014 2013 2012
Major Residential+ 0 3 1 3 0 2
Minor Residential++ 6 7 6 5 4 3
Commercial 15 8 11 14 10 5
Mixed Use 1 0 01 0 0 0
Industrial 3 5 9 4 4 4
Govern ment/Institutiona1 6 11 7 8 8 5
Telecommunication Towers 2 2 2 3 4 2
Agricultural 2 1 0 1 1 0
Total 35 37 36 38 31 21
+ Major Residential uses are Residential units consisting of more than three units
++ Minor Residential uses are Residential units consisting of three or less units
In 2014 Site Plans for Commercial land uses increased over the previous two years and were
the predominant type of Site Plan activity in Clarington. Site Plan approval for Government/
Institutional land uses has remained consistent over the past two years. This is largely a result
of continued work that Ontario Power Generation is undertaking for projects associated with
the refurbishment of the Darlington Nuclear Generation Station and Kawartha Pine Ridge
District School Board building additions to existing schools to implement full day kindergarten.
Site Plan approval for Major Residential applications increased in 2014 over the previous year
and are expected to continue to rise in the coming years as policies from Places to Grow
continue to be implemented and more sanitary treatment capacity is available in Bowmanville
and Courtice. The agricultural site plans were for development on the Oak Ridges Moraine.
7. Minor Variances
The Committee of Adjustment is appointed by Council to make decisions on minor variances to
the municipality's Zoning By-law.
Minor Variance Applications
Application Decision 2014 2013 2012
Total number of Applications Approved 42 50 65
Total number of Applications Denied 0 0 1
Total number of Applications Withdrawn 2 2 3
Total number of Applications Received 46 53 69
Total number of Applications Appealed 0 3 0
The Committee of Adjustment saw a decrease in the number of applications received in 2014
from each of the previous two years. In 2012, the number of applications were well above the
average number received in previous years. In 2014, two applications were tabled to a future
meeting in order to allow the applicants to further refine their proposals on request of the
Committee of Adjustment. Two additional applications for minor variance were received at the
8-10
Municipality of Clarington
Report PSD-011-15 Page 7
end of 2014 to be heard at a 2015 Committee hearing. Furthermore, the Committee applied
conditions to 11 of the 42 approved applications to ensure that each variance proceeds with
diligence in respect of any distinctive site characteristics. None of the Committee's decisions
were appealed to the Ontario Municipal Board. The reduction in minor variances is in part
attributed to changes to zoning for new subdivisions that typically provide an additional 5% lot
coverage for accessory buildings, rather only a total lot coverage for the lot which is often used
by the builder for the house alone.
8. Land Division
The Planning Services Department provides coordinated comments for all Clarington
departments to the Durham Region Land Division Committee on consent applications.
l
Comments to Land Division Committee By T ype
Land Use Type Proposed New Lots Boundary Easements
Adjustments
Year Year Year
2014 2013 2012 2014 2013 2012 2014 2013 2012
Urban
Residential 3 11 15 4 11 1 11 0 0
Rural
Residential 2 4 9 2 3 1 1 0 0 I
I
Commercial 1 0 2 0 0 0 1 0 4
Mixed Use 1 0 0 0 0 0 0 01 0
Agricultural 0 0 0 1 0 1 0 0 0
I
Institutional 0 0 0 0 0 0 0 1 1
Industrial 0 0 1 0 0 1 0 2 0 0 .
Total 7 15 27 7 1 141 3 1 5 1 5
In 2014, there was a decrease in applications commented on for new residential lots and
boundary adjustments compared to the previous two years. Three applications for consent to
create new lots were approved in the Port of Newcastle area where there is a proposal for a
mixed use residential and tourist recreational development adjacent to the waterfront.
I
9. Sign Permit Applications
Sign permit activity remains consistent with majority of the signs being located in Bowmanville
and Courtice.
8-11
Municipality of Clarington
Report PSD-011-15 Page 8
Sign Permit Activity By Geographic Area
Urban Area Number of Applications
Permanent Tem ora
2014 2013 2012 2014 2013 2012
Courtice 8 3 4 57 59 56
Bowmanville 22 22 18 80 80 75
Newcastle 5 5 3 8 14 13
Orono 2 2 0 2 2 1
Darlington 1 2 3 14 13 18
Clarke 0 3 1 1 1 0
Total 38 37 29 162 169 163
10.. Apartment-In-House
An apartment-in-house application provides the Emergency Services Department with
opportunity to ensure the unit complies with the Building Code and is on Emergency Services
data base, as well as ensuring apartment in-houses are zoned appropriately and that sufficient
parking is provided on the lot.
Apartment-In-House Activity By Geographic Area
Urban Area Apartment-In-House Apartment In-House
Applications Received Registered
2014 20131 2012 2014 2013 2012
Courtice 5 4 5 4 2 3
Bowmanville 14 13 5 7 7 3
Newcastle 0 0 1 0 1 1
Darlington 0 0 1 1 0 0
Total 19 17 12 12 10 7
The number of apartment-in-house applications received and the number of apartment-in-
house units registered continues to increase over a three year period. With the need for
affordable rental units, the cost of homes and an aging population it can be expected that the
demand for apartment-in-house accommodation will continue in the coming years.
11. Pre-Consultation Meetings
Pre-consultation meetings are required before major development applications are submitted
and assist in ensuring applications being submitted have all required supporting documents
and the proponent is aware of all required steps. The number of pre-consultation applications
provides a good indication of future proposals within the Municipality of Clarington.
8-12
i
Municipality of Clarington
Report PSD-011-15 Page 9
E
Pre-Consultation Meetings B Type
Land Use Year
2014 2013 2012
Major Residential+ 8 12 7
Minor Residential++ 9 3 12 k
Commercial 13 15 15
i
Mixed Use Commercial and Residential 1 3 0
Industrial 5 5 8
Government/Institutional 1 10 8
Agricultural 2 3 0
Recreational 0 0 0
Telecommunication Towers 2 0 2
Total 41 51 52
+ Major Residential uses are Residential units consisting of more than
three units
++ Minor Residential uses are Residential units consisting of three or less units
In 2013, the number of pre-consultation meetings decreased slightly from the levels of the
previous two years. The number of government and institutional pre-consultations was
significantly lower in 2014 compared with the two previous years when proposals associated
with Ontario Power Generation and Kawartha Lakes School Board were in the pre-consultation
stage. Minor residential pre-'consultations increased from the number in 2013 largely due to an
increase in pre-consultations for minor residential proposals in Hamlets and Rural areas. The
majority of the major residential pre-consultations where for proposals in Bowmanville which is
consistent with the Provincial policy direction to direct growth to this urban area, as well as the
policies of Clarington Official Plan to have Bowmanville as the centre for growth.
12. Concurrence
Not Applicable
k
13. Conclusion
f
Planning application activity in 2014 has remained relatively consistent when compared with
the two previous years. While the number of new applications has generally decreased in 2014
from those received in 2013, there has been a notable increase in approvals granted in 2014.
Specifically, the number of approved new dwelling units in plans of subdivision, Zoning By-law
Amendments and Site Plans has increased substantially in 2014 over the past two years.
These numbers indicate a continued strong interest in growth and investment in Clarington.
f
Detailed charts for each of the application type identifying applications received and approved
can be obtained by contacting the Planning Services Department.
8-13
G
Municipality of Clarington
Report PSD-011-15 Page 10
As infrastructure projects to increase sanitary treatment capacity in Bowmanville and extend
sewers in Courtice are completed it is expected that interest in major residential development
will continue to be high in the coming years. This expectation is supported by the significant
increase in the number of Draft Approved Plans of Subdivision that were granted extensions in
2014 which indicates that there will be continued major residential building in Clarington.
Single detached dwellings remain the dominant housing form being built within Clarington.
However, there are applications that are proposing a greater variety and density of housing.
There is a lack of rental accommodation in the community. Residents appear to be responding
to the need with a continued increase in apartment-in-house applications noted either to
accommodate aging family members or additional income from renters.
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
\ ,
Submitted by: Reviewed by:
avi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Carlo Pellarin, Manager of Development Review, 905-623-3379 ext. 2408 or
cpellarin@clarington.net
There are no interested parties to be notified of Council's decision.
CP/DA/jp/sn
8-14
Claringtoll
Clerk's
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905=623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: February 2, 2015
Report Number: CLD-002-15 Resolution Number:
File Number: By-law Number:
Report Subject: Refreshment Vehicles/Municipal Peddlers Permits
Recommendations:
1. That Report CLD-002-15 be received;
2. That Clarington Refreshment Vehicle By-law 2004-114, be repealed and the By-law
included as Attachment 1 to Report CLD-002-15, be approved;
3. That the amendments to the Clarington Municipal Peddlers By-law 2005-206, proposed in
the By-law as Attachment 2 to Report CLD-002-15, be approved;
i
4. That Council provide direction regarding zoning refinements for refreshment vehicles as
detailed in Section 3.3 of Report CLD-002-15; and
5. That all interested parties listed in Report CLD-002-15 and any delegations be advised of
Council's decision.
13-1
Municipality of Clarington
Report CLD-002-15 Page 2
Report Overview
In response to recent trends in the food industry and, in particular, their participation in
community events, Staff have reviewed the existing Refreshment Vehicle By-law and are
recommending changes to better serve the vendors and the public at large.
Concurrent with these changes Staff are proposing amendments to the Municipal Peddlers
By-law to reflect current trends in the Province.
1. Background
In 2013, the City of Toronto amended their Refreshment Vehicle Licencing requirements
to ease some of the restrictions on food vendors in special events. Coincidental to this,
Clarington Staff began reviewing the Clarington Refreshment Vehicle By-law to
compare it to those from other municipalities.
In conjunction with this review, Staff assessed the Municipal Peddler By-law for its
currency with regards to the practices of other municipalities.
Over the last couple of years there has been a growth of interest in food trucks and
competition between various vendors. Fuelled by several television programs, this
phenomenon has resulted in organized groups of vehicles going to various communities
for very short periods and competing for customers.
Further proof that this trend is not a passing fad, can be seen in the fact that staff
recently attended a one day seminar, hosted by the Ontario Culinary Tourism
Association. The OCTA is heavily involved in promoting the use of food trucks to
increase a municipality's tourism appeal, and has partnered with the Economic
Development Council of Ontario to move this idea forward. In order to develop this
concept Staff has undertaken a review of the entire Refreshment Vehicle By-law.
The making and selling of hand-crafted items has long been a strong part of local fairs,
craft shows and other special events. Events such as the One of a Kind Craft Show in
Toronto and the Hand of Man Show in Peterborough are good examples of the potential
scale of the industry.
In March of 2014, Clarington Council enacted Special Events By-laws 2014-020, to
regulate events on private property, and 2014-021, to regulate events occurring on
municipal roadways.
While these events are entertaining for customers and attractive venues for the BIAs,
they present logistical concerns for municipalities.
This Report will review both the Peddlers and the Refreshment Vehicle By-laws
separately.
13-2
Municipality of Clarington
Report CLD-002-15 Page 3
2. Refreshment Vehicles — Existing Regulations
2.1. Current Definitions
Clarington's Refreshment Vehicle By-law (2004-114) was passed in 2004. The by-law
was required in order to provide for the health and safety of the consumer public and
control of potential nuisances resulting from the location of the vehicle. By-law 2004-
114,.defined refreshment vehicles as falling into three categories. These are:
• "Mobile Refreshment Vehicle" - a vehicle designed and intended to move from
one location to another on a regular basis and may include facilities for cooking.
(Commonly referred to as coffee trucks, hot dog vendors, etc.)
• "Refreshment Cart" - any non-motorized vehicle used exclusively for the sale of
pre-packaged foods and does not include facilities for cooking. (The usual
image is the ice cream cart or bicycle, may also include a cart or trailer pulled
around and selling pre-made coffee); and
• "Stationary Refreshment Vehicle" shall mean a vehicle which may contain
cooking facilities and is intended to be operated from one location only. (This is
the french fry truck, hot dog trailer or cart if operated from a single location, or
pizza wagon.)
The by-law does not regulate free standing booths or similar establishments. A tent or
awning covering a barbecue at a street sale or festival is not a refreshment vehicle. It
is not covered under the provisions of the By-law. Freestanding food booths or tents
are inspected by the Durham Region Health Department.
2.2. Insurance and Other Criteria
Among the requirements.for an annual licence, the owner must provide liability
insurance in the amount of$2,000,000. This policy must also name the Municipality of
Clarington as a third party co-insured. All cooking and food storage systems must be
inspected and approved by the Regional Health Department. The fire suppression
systems are inspected by the Fire and Emergency Services inspectors. The fuel
delivery system must be approved by the Technical Safety Standards Authority
(TSSA). Proof of current approval from each agency must be submitted prior to the
vehicle being licensed to operate within the Municipality of Clarington.
r
13-3
Municipality of Clarington
Report CLD-002-15 Page 4
2.3. Fees
Based on a cost recovery model for licencing, the current fees for the licence are as
follows:
TYPE Sin le Vehicle Second Vehicle Each Additional
Stationary $ 200.00 $ 100.00 $ 100.00
Mobile $ 200.00 $ 100.00 $ 100.00
Cart $ 200.00 N/A N/A
Relocation $ 50.00 N/A N/A
Additionally, fees may also be charged for any necessary inspections by the Clarington
Fire and Emergency Services, the Technical Standards and Safety Authority, and the
Regional Health Department.
2.4. Location and Setbacks
Stationary Refreshment Vehicles may only operate on land which is zoned to allow
eating establishments as an accessory use and must be a minimum of 60 metres away
from any other eating establishment or any playground equipment located in any park.
The vendor cannot operate within any park without prior written consent of the Director
of Community Services, in accordance with the Municipal Parks By-law.
Mobile Refreshment Vehicles may operate on a road allowance as part of their rounds,
where it is impractical to do otherwise.
These setbacks were implemented to provide for safety, as well as to promote fair
competition. The need for some form of setback was highlighted in 2014 when a food
vehicle explosion and fire killed 2 people and injured 13 others in the United States.
Notwithstanding these provisions, Council approved an exception to the separation
requirements for a particular operator in Bowmanville in 2014 to allow a second vehicle
within 60 metres of another vehicle also owned by the same person.
2.5. Evolving Issues
As stated earlier, the culture surrounding food trucks and refreshment vehicles, in
general has been evolving. Food trucks are becoming very popular, and as the Ontario
Culinary Tourism Council has pointed out, the vehicles have proven to be a good way
of attracting people to public events.
The nature of these "food truck centred" events involves bringing several vendors from
out of town, to compete against local vendors and then move on to the next event. The
logistics of moving from place to place can be daunting in itself for the vendors, without
having to worry about local needs and requirements.
13-4
Municipality of Clarington
Report CLD-002-15 Page 5
It is not the Municipality of Clarington's intention to create unnecessary or
unreasonable barriers to trade and tourism. However; it is our responsibility to protect
the public interest in these matters.
In recognizing the need to modernize our by-laws, Staff have sought meetings with
representatives of the local BIAs and of the various service clubs and community
groups who regularly run community events involving food vendors and peddlers.
Staff have also researched regulations from various municipalities who have also
addressed these issues.
As a result of our meetings and research, Staff have identified six specific issues which
need to be addressed. These are:
• The applicability and definition of what constitutes a special event,
• The cost of the Municipal licence to operate,
• Confusion surrounding application inquiries and requirements,
• The Municipality's request for advance notice of the attending vendors,
• The necessity of obtaining 3rd party liability insurance, and
• The need for setbacks from other vendors and local merchants.
This Report will address each of these concerns and Staff's position regarding the
changes.
2.6. Special Events
By-law 2014-020 (the By-Law to Regulate Special Events on Private Property) applies
to any event which is open to the public by right of access or invitation with an
anticipated attendance of 500 people or more. This includes educational and
recreational events, fairs, carnivals, and festivals. Similarly demonstrations, walks,
parades, races, filming events, street dances, festivals, and sidewalk sales all fall within
the scope of 2014-021, which is the By-Law to Regulate Special Events on Municipal
Road Allowances.
Both the current Refreshment Vehicle By-law and the Municipal Peddlers By-law make
no exemptions or provisions for Special Events. The expansion to include these events
creates a very wide scope of authority for the Municipality to administer. Organizers of
special events have expressed their concerns with the current process and requested
that the application and licensing process be streamlined and the fees be reviewed.
2.7. Fees
As noted earlier the fees set out in the By-laws represent the actual cost in staff time to
prepare each licence.
i
The relocation fee is used for stationary vehicles to move from their currently licensed
location to another location. While the current trend was not originally intended for
"food truck events", it does lend itself well to this use.
13-5
Municipality of Clarington
Report CLD-002-15 Page 6
3. Refreshment Vehicles - Recommended Changes
The intent of the Refreshment Vehicle By-law is to provide a mechanism to regulate the
mobile food vendors through a licensing process. It is not intended to regulate land
use. Land use is regulated through the Municipality of Clarington Zoning By-laws. The
following recorded changes not only address the issues listed in Section 2.5 of this
report, but also to assist in framing the scope of the licensing regulations.
3.1. Definitions
To clarify the scope of the refreshment vehicle licensing categories, the definitions for
the various refreshment vehicles are proposed to be revised as follows:
• "stationary refreshment vehicle" means a vehicle which may contain cooking
facilities and must be parked or placed in a specific location in order to
operate; although the vehicle may be moved at the end of the work day, or to
various different locations on a daily basis, provided the locations are part of a
predetermined, preapproved and scheduled rotation, it cannot close down and
relocate on short notice;
• "Mobile Refreshment Vehicle" means a vehicle designed and intended to move
from one location to another on a regular basis and on short notice, and may
include facilities for cooking.
• "Refreshment Cart" - any non-motorized vehicle used exclusively for the sale of
pre-packaged foods and does not include facilities for cooking.
To the best of staff's knowledge there is currently only one refreshment vehicle which
would not be considered capable of being moved. It will continue to be licenced,
however no more vehicles will be allowed to slip into this condition and continue to be
licenced by the Municipality. In order to safeguard against this possibility, all
refreshment vehicle operators will be required to prove to staff that their vehicle can be
moved from its current location on demand.
MPAC has confirmed that while they do not view a permanently placed Refreshment
Vehicle as a building, their inspectors certainly would consider the "degree of
permanency" and assess the property accordingly.
3.2. Application Process
The applications for both by-laws were originally designed with the intention of being a
"one size fits all" style document. Whether the applicant wanted a stationary or mobile
licence, all the requirements for both were listed.
The applications have been found to be confusing and too complicated in all their
requirements. A separate simplified application will greatly assist the vendors and
Staff.
13-6
Municipality of Clarington
Report CLD-002-15 Page 7
Staff are currently in the process of designing separate applications for Refreshment
Vehicles - Non-Special Events and Refreshment Vehicles— Special Events. Section
3.5 of this report details the proposed process respecting Special Events.
3.3. Locations and Setbacks
The overall purpose of refreshment vehicles is generally to serve more remote or
seasonal locations or to supplement the food alternatives available in local restaurants,
particularly at special events. In other words, they are truly a vehicle. Over the years,
where a commercial zone has allowed for an "eating establishment", they have been
permitted on lands subject to licensing. There is no separate definition that would
separate a refreshment vehicle from any other type of refreshment vehicle.
This can set up an unequal playing field for restaurants, which construct a permanent
structures and pay taxes on their buildings. What once was a vehicle becomes more
permanent either through improved parking, outdoor seating areas, and similar
improvements or simply by keeping the vehicle relatively stationary on the site. These
"vehicles" become permanent structures in the landscape. It becomes the commercial
equivalent to setting up recreational vehicle as the permanent dwelling on the property.
The key locational issues are: f'
• Which street locations are suitable? k
• Should a refreshment vehicle be allowed to permanently or seasonally establish
in a commercial property, and, if so, which type of properties?
• When permitted, should it only be ancillary to the primary commercial use on a
property?
• Should refreshment vehicles can become permanent stationed on a site? f
r
• Should be a setback distance from other eating establishments?
r°
Zoning
Should Council wish to refine where stationary refreshment vehicles may be located, it
is recommended that staff be directed to initiate an amendment to the rezoning by-laws
to:
i
• Define refreshment vehicles as a type of land use and therefore they would only
permitted where the zoning specifically permits it;
• Limit stationary refreshment vehicles as ancillary land use in certain commercial
zones (e.g. Highway Commercial Zones). This would restrict the refreshment
vehicle to lands with an established commercial use
i'
i
13-7 t
Municipality of Clarington
Report CLD-002-15 Page 8
• Provide for refreshment vehicles on lands where a special event is being held.
• Provide for "grandfathering" of existing refreshment vehicle sites
Setbacks
Staff are recommending that the existing 60 metre setbacks for refreshment vehicles
remain status quo with the exception that the 60 metre setback also apply to school
properties.
Mobile Vending Zones
The Official Plan seeks to establish vibrant commercial areas with active street life.
Should the trend of mobile refreshment vehicles become popular in Clarington outside
of special events, we may wish to explore the concept of establishing mobile vending
zones in certain areas where refreshment vehicles would be permitted on the municipal
road allowance on a rotating basis for limited time periods.
3.4. Relocations
Any temporary relocation for a Stationary Vehicle requires a Relocation Permit each
time the operator wished to move their vehicle from their approved and licenced
location, regardless of whether or not the move is temporary or long term. Staff
propose to allow any Stationary Vehicle to relocate up to 10 times within each licensing
year without incurring additional fees.
While this number of free relocates may not allow a vendor to attend all Special Events
within the Municipality in any given year, it does ease the financial burden for local
stationary vehicles and encourages vendors from out of town to apply for and obtain
Clarington licences.
3.5. Special Events
Staff recommend that the by-law be amended to streamline the current licensing
process for refreshment vehicles participating in special events.
Event organizers generally know who will be attending well in advance of an event and
it shall be their responsibility to submit their list of applicants to staff. Staff will ensure
that the organizers have the necessary application package to distribute to the
applicants. The collection of all required documents and applicable fees for the
licences shall be the responsibility of the organizing group. They will, in turn, submit
the documentation to staff for their review and consideration at least two weeks in
advance of the event.
13-8 .
Municipality of Clarington
Report CLD-002-15 Page 9
Refreshment Vehicles not holding a current Clarington Refreshment Vehicle Licence
may apply for an annual licence and submit the necessary supporting documentation.
This will be different for vehicles currently licenced in Clarington or within the Region of
Durham. Supporting document requirements are as follows:
REQUIREMENTS FOR SPECIAL EVENTS LICENCE
Currently Licenced Licenced
Requirements Licenced Within Region Outside Unlicenced
Region
-Ownership Of Vehicle N/A N/A Yes Yes
Corporate N/A Yes Yes Yes
Information
Liability Insurance N/A Yes Yes Yes
Fire - Site Inspection
(if vehicle contains a
fixed suppression
unit) Yes Yes Yes Yes 1
TSSA Inspection N/A N/A N/A Yes
Vehicle Safety N/A N/A N/A Yes
Emissions N/A N/A N/A Yes
Criminal Record N/A N/A N/A Yes
Check
Health Department Yes Yes Yes Yes
i
i
This streamlined process presents an opportunity to reduce the licensing fees as much
of the administrative "paper chasing" will be handled by the event organizer. It is
therefore recommended that the licensing fees for special events be set as follows:
is
Applicants holding a current valid Clarington $0.00 (for first 10\special events in
Refreshment Vehicle Licence the licensing period)
$50.00 (for each additional special
event in the licensing period)
Applicants holding a current valid Refreshment $25.00
Vehicle Licence within Durham Region
Applicants holding a current valid Refreshment $50.00
Vehicle Licence outside of Durham Region
Once the organizers have a complete package of the applicable material required by
the Municipality, the organizers will submit it along with the licence fees. The
completed licence for each approved vendor will be returned to the organizer who will
distribute it to the vendors at the time of their arrival for the event.
13-9
Municipality of Clarington
Report CLD-002-15 Page 10
Staff have been asked to reduce the setbacks and help concentrate the events into
smaller areas as it places unrealistic and impractical restrictions on the participants of
local community special events. A balance must be struck between convenience for the
organizers and attendees and the need to maintain minimal safe separations.
Staff are recommending that the existing 60 metre setback be exempt for special events
and provide the Fire Chief the right to establish a setback which he believes may be
required to provide a safe distance, for the event in question, at the time.
All Clarington Fire Department requirements and all Durham Region Health Department
requirements for approval remain unchanged for refreshment vehicles licensed to
participate in a special event.
4. Municipal Peddlers
4.1. Current Requirements
Clarington By-law 2005-206 defines a peddler as:
"any person who goes from place to place or to a specific place with goods, wares or
merchandise for sale, or who carries and exposes samples, patterns or specimens of
any goods, wares or merchandise which are to be delivered in the Municipality of
Clarington;"
In order to operate legally within the Municipality of Clarington, a peddler must be
licenced to carry on their business, with some exemptions including charities.
Like the refreshment vehicles, peddlers can be mobile or stationary. The mobile
peddler moves from place to place as he sells his wares, while the stationary peddler
operates from one specific location, such as flower vendors or similar souvenir vendors
operating from street corners or at the edge of the road.
4.2. Fees
The fee for a Municipal peddler's licence is $300.00 per year for the owner or primary
vendor and $100.00 per year for each employee working on site.
4.3. Zoning and Setbacks
Like the refreshment vehicles, stationary peddlers are restricted to commercial areas
where sales are a permitted zoning use. This restriction does not apply to door-to-door
sales.
13-10
I
Municipality of Clarington
Report CLD-002-15 Page 11
4.4. Evolving Issues
Craft shows and sales are not a new phenomenon but they have grown in size over the
years. When it was drafted, the by-law recognized the importance of the community
fundraising and charity orientation of many craft sales, thus a peddler's participation in
craft show, farmer's market, flea market, charity or non-profit organization's event did
not require a municipal licence. What has changed in the last few years, is their
participation in Special Events as part of the overall event attraction.
4.5. Proposed Changes
In conjunction with the discussions concerning refreshment vehicles, Staff discussed
the issue of peddlers at the various special events with the interested parties from the
BIAs and the service clubs. Staff are of the opinion that the vendors should be treated
in the same manner as those applying for a non-profit event. Staff are therefore
recommending that the Peddler By-law be amended to exempt peddlers from the need
for municipal licencing when they are operating as part of a licenced special event with
the consent of the event organizers.
In some cases these peddlers are part of, or closely associated with, the event
organizers, and should therefore not have to go through a separate process. The
organizers will supply the Municipality with the names of the vendors in case of
questions concerning who can and cannot be at the event. A peddler who attempts to
"sneak in" would be subject to charges as an unlicensed peddler.
5. Liability for Refreshment Vehicles and Peddlers
5.1. The Need for Insurance and Municipal Liability
i
While the changes noted above address and accommodate many of the vendors' and
organizers' concerns regarding both peddlers and refreshment vehicles, certain other
restrictions must remain in place.
The question of insurance and liability has been a problem for the event organizers
and vendors. Their main questions have been:
• Why does the Municipality require the vendor to provide $2,000,000 liability
insurance with Clarington named as a third party?
• Since the BIA has insurance, why not just use it?
As for the question of why the need for insurance, a recent incident in Toronto
illustrates the problem. Several attendees at a food event became sick as a result of
tainted food. Along with the organizers, the City, may be held liable for alleged long-
term health implications.
13-11
Municipality of Clarington
Report CLD-002-15 Page 12
The fact of the matter is that the BIAs do not have their own separate insurance. They
are covered as part of the Municipality's policy as a Board of Council. A lawsuit
involving the BIA directly involves the Municipality. The same may not hold true for
service organizations but it would still involve the Municipality of Clarington as a third
party in the lawsuit as they have various roles in either approving or administering
events.
The question should not be `why make the vendor get extra insurance', but rather, `why
should the Municipality have to pay out for a mistake made by a vendor who is not
directly under our control?' Currently, the Treasurer has determined that $2,000,000 is
sufficient. This is generally the minimum liability coverage carried by small businesses
and is therefore not an onerous request. Should the courts begin to raise that bar,
Clarington will have to adjust its insurance requirement accordingly.
The need for a separate liability insurance policy for refreshment vehicle applications, in
the amount of$2,000,000 is not something Staff are prepared to negotiate. It is
important to note that in the event of an incident, local taxpayers should not end up
paying the burden of increased premiums resulting from insurance claims because the
appropriate insurance was not obtained from the service provider.
In the end, the current insurance requirements should remain in effect. The service
clubs and the Orono Agricultural Society have also been consulted and are in
agreement with the need for separate liability insurance. Currently liability insurance is
not required by the Municipality for peddlers. Staff do not believe it is necessary and
will not require it.
6. Proposal
After much study and discussion, Staff believe the best solution for the Refreshment
Vehicle By-law is to repeal it and enact an entirely new By-law containing the proposed
changes to the Refreshment Vehicles. Further, Staff are of the opinion that the
proposed changes to the Peddler By-law will make it easier for event organizers.
7. Concurrence
This report has been reviewed by Andrew Allison, Municipal Solicitor, Nancy Taylor,
Director of Finance/Treasurer, Gord Weir, Director of Emergency Services and David
Crome, Director of Planning Services who concur with the recommendations.
8. Conclusion
Eliminating the permanently located refreshment vehicles form the scope of the by-law,
clarifying the refreshment vehicle definitions, recognizing and streamlining the process
for licensing special event participants, and refining the licensing fees will result in
improved licensing efficiencies while supporting the needs of our special event
organizers. As well, the proposed recommendations will better reflect the current needs
in the refreshment vehicle industry without compromising public health and safety. Staff
13-12 therefore recommends that the proposed amendments to the Refreshment Vehicle
Page 13
Municipality of Clarington Report CLD-002-15
Licensing and Peddler licensing regulations be approved and forwarded to Council and
that the interested parties be advised of Council's actions.
To provide for a clean and easily understood by-law, staff recommends that the current
Refreshment Vehicle By-law be repealed and replaced with a new by-law.
9. Strategic Plan Application
Not applicable.
Submitted by: Reviewed b
Y Y
nne 6 ree ntree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: Len Creamer, Manager of Municipal Law Enforcement, 905-623-3379 ext. 2110
or Icreamer @clarington.net
Attachments:
Attachment 1 — Proposed Refreshment Vehicle By-law
Attachment 2 — Proposed By-law to Amend the Peddler By-law
i
Interested parties:
Historic Downtown Bowmanville Business Centre
Orono BIA
Newcastle BIA
Orono Agricultural Society
Bowmanville Rotary
Existing licenced refreshment vehicle operators
CAG/Ic/mc
i
13-13
Attachment 1 to
Municipality of Clarington Report CLD-002-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2015-XX
Being a by-law to license Refreshment Vehicles
within the Municipality of Clarington and
to repeal By-law#2004-114, as amended
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may
(a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c)
provide for a system of licences respecting the matter;
WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may,provide
for a system of licences with respect to any business wholly or partly carried on within the
municipality, including the sale or hire of goods or services on an intermittent or one-time basis;
and
WHEREAS under Subsection 11(2) of the Municipal Act, 2001, a municipality may exercise its
licensing powers for the purpose of consumer protection and to protect the health and safety of
the general public; and
WHEREAS the Council of the Municipality of Clarington deems it appropriate to update the
refreshment vehicle licensing regulations.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law,
"applicant" means a person seeking a licence or renewal of a licence;
"cook" means to prepare food for eating by the action of heat and cooking shall have the
corresponding meaning;
"currently licensed" means,
(i) licensed to operate within the Municipality for the current calendar year;
(ii) licensed to operate within another municipality within Durham Region for the
period involved in an anticipated special event; or
13-14
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(iii) licensed to operate within another municipality outside of Durham Region for a
period of time that would include an anticipated special event.
"Director of.Fire and Emergency Services" means the Fire Chief of the Municipality or a
designate;
"eating establishment" has the same meaning as an eating establishment or restaurant
as defined in the current Municipality of Clarington Zoning By-laws;
"highway" shall have the same meaning as in the Highway Traffic Act R.S.O. 1990, c.
H8;
"licence" means a licence issued by the Municipal Clerk to operate a Refreshment
Vehicle in accordance with this by-law;
"licensee" means a person to whom a licence has been issued and shall include any
driver or operator of the refreshment vehicle;
"mobile refreshment vehicle" means a vehicle designed and intended to move from one
location to another on a regular basis and on short notice and may include facilities for
cooking;
"Municipal Act, 2001" means the Municipal Act, 2001, S.0. 2001, c.25,
"Municipal Clerk" means Clerk of the Municipality of Clarington, or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the geographic
area of Clarington, as the context requires;
"officer" means a Municipal Law Enforcement Officer whose duties include the
enforcement of this by-law;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and their heirs, executors or legal representatives;
"park" means land and land covered by water and all portions thereof owned or
made available by lease, agreement, or otherwise to the Municipality, that is or
hereafter may be established, dedicated, set apart or made available for use as
woodlot, ravine, recreation centre, square, garden, walkway, water or any other
area in the Municipality, devoted to active or passive recreation;
"plate" means a metal plate issued by the Municipality and bearing an identifying number
on it;
"primary location" means the main or home location for operations of a stationary
refreshment vehicle;
"refreshment" includes any form of food or drink fit for human consumption;
i°
13-15
Attachment 1 to
Municipality of Clarington Report CLD-002-15
"refreshment vehicle" means a refreshment cart, mobile refreshment vehicle or
stationary refreshment vehicle as defined in this by-law;
"refreshment cart" means any non-motorized vehicle used exclusively for the sale of
prepackaged foods and does not include facilities for cooking;
"special event" means a cultural, recreational, educational or similar event including
fairs, festivals and carnivals, for which a Municipal Special Events Permit has been
issued or which has been sanctioned by the Municipality;
"special event refreshment licence" means a temporary licence issued to a vendor for
the purpose of taking part in a special event as defined and licensed under the auspices
of the Clarington Special Events By-laws;
"stationary refreshment vehicle" means a vehicle which may contain cooking facilities
and must be parked or placed in a specific location in order to operate; although the
vehicle may be moved at the end of the work day, or to various different locations on a
daily basis, provided the locations are part of a predetermined, preapproved and
scheduled rotation, it cannot close down and relocate on short notice; and
"vehicle" shall have the same meaning as in the Highway Traffic Act R.S.O. 9990, c. H8.
References
1.2 In this by-law, reference to any Act or By-law is reference to that Act or By-law as it is
amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to Parts and Sections are
references to Parts and Sections in this by-law.
Word Usage
1.4 This by-law shall be read with all changes in gender or number as the context requires.
1.5 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This by-law applies to all refreshment vehicles operating in the Municipality unless
otherwise specified.
Severability
1.7 Each section of this by-law is an independent section, and the holding of any section or
part of any section of this by-law to be void or ineffective for any reason shall not be
deemed to affect the validity of any other sections of this by-law.
13-16
Attachment 1 to
Municipality of Clarington Report CLD-002-15
PART 2 - LICENSING
i
Requirement
2.1 No person shall operate a refreshment vehicle in the Municipality without a licence.
Applications
2.2 Every licence application shall be completed and submitted on forms prescribed by the
Municipal Clerk.
2.3 Every licence application to operate a refreshment vehicle shall include,
(a) an application fee as prescribed in Appendix A; _
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department;
(d) where the refreshment vehicle is proposed to be located within any park in the
Municipality, written consent of the Director of; and
(e) where the refreshment vehicle is fitted with propane or natural gas, a current
certificate issued within thirty (30) days of the date of the refreshment vehicle
licence application, by a provincially authorized propane or natural gas fitter, as the
case may be, certifying that the refreshment vehicle complies with the applicable
equipment and performance standards as prescribed by the Province of Ontario. j
2.4 In addition to the requirements in Section 2.3, every licence application to operate a C
stationary refreshment vehicle shall include,
(a) proof of inspection and approval from the Clarington Fire Department for a fixed fire
suppression system, if any;
(b) in the case of a new applicant, the Technical Standards and Safety Authourity Initial
Vehicle Inspection Report;
(c) cooking appliances that produce grease laden vapour must be protected by an
approved fixed fire protection system;
(d) where the applicant is not the owner of the land where the stationary refreshment
vehicle will be located, written permission signed by the owner of the property
where the stationary vehicle will be located;
(e) proof from the Planning and Development Department that the placement of the
vehicle on the proposed property is an approved ancillary use on the land; and
I'
(f) a site location drawing, drawn to scale, showing,
r
13-17
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(i) the proposed primary location of the stationary refreshment vehicle;
(ii) parking facilities for the business; and
(iii) the distance between the proposed location and all property lines.
2.5 In addition to the requirements in Section 2.3, every licence application to operate a
refreshment cart shall include, where the applicant is a company which owns more than
one vehicle, the total number of refreshment carts to be licensed.
2.6 In addition to the requirements in 2.3, every mobile refreshment vehicle licence applicant
shall include;
(a) proof of inspection and approval from the Clarington Fire Department; and
(b) where the applicant is a company which owns more than one vehicle, the total
number of mobile refreshment vehicles to be licensed.
2.7 Every licence application to operate a refreshment vehicle as part of a special event shall
include:
(a) written proof of participation approval by the special event host organization;
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department or
where the applicant is currently licensed by their home jurisdiction, proof of
inspection and approval from their home jurisdiction Health Department; and
(d) proof of inspection and approval from the Clarington Fire Department or where the
applicant is currently licensed by their home jurisdiction, proof of inspection and
approval from their home jurisdiction Fire Department;
Issuance
2.8 The Municipal Clerk may approve or refuse any licence application, and may impose any
conditions upon an approval as she determines appropriate. More specifically, the
Municipal Clerk may refuse based on the vehicle type, appearance or where the location is
deemed inappropriate, unsuitable or unsafe.
2.9 The Director of Fire and Emergency services may impose alternative setbacks from
adjacent structures, vehicles as is deemed necessary by the Director in the interest of
public safety.
2.10 The Municipal Clerk shall not issue a stationary refreshment vehicle licence where the
issuance would contravene or conflict with any other Municipal By-law.
13-18
Attachment 1 to
Municipality of Clarington Report CLD-002-15
2.11 The Municipal Clerk shall not issue a licence for which all of the necessary application
supporting documents have not been supplied in original form, or as otherwise determined
by the Municipal Clerk.
2.12 The operator of a mobile refreshment vehicle shall not operate from any single location for
more than 30 consecutive minutes before having to move again.
2.13 The Municipal Clerk shall not issue a licence for a refreshment vehicle unless,
(a) it is located in excess of 60 metres from an eating establishment;
(b) it is located in excess of 60 metres from playground equipment located in any park;
i
(c) it is located within any park without prior written consent of the Director of
Operations in accordance with the Municipal Parks By-law;
(d) it is located in excess of 60 metres from any school property;
(e) the licence has been issued in accordance with a Special Event Permit pursuant to
this by-law, in which case the requirements of(a) and (b) above are not required;
2.14 Every licence shall be posted in or on the refreshment vehicle.
2.15 Every vehicle licensed to operate as a refreshment vehicle shall, unless otherwise
stipulated in this By-law, be issued a plate by the Municipality, such plate shall be
affixed to the rear of the vehicle and clearly visible at all times. r
2.16 A licensee shall comply with all licence conditions.
i
Disqualifications
2.17 The Municipal Clerk shall refuse to issue or renew a licence where,
(a) the applicant is not at least 18 years of age;
(b) the application is incomplete;
I
(c) the prescribed licence fee has not been paid;
(d) the applicant has outstanding fines or debts to the Municipality;
(e) the applicant has submitted false information in support of the application;
(f) the issuance of the licence would contravene any of the provisions of this by-law;
(g) the a pp licant has been convicted of a breach of this by-law or any similar by-law
within another municipality; or
(h) the Officer, by way of inspection, has determined that the refreshment vehicle is not
in compliance with this by-law.
13-19
Attachment 1 to
Municipality of Clarington Report CLD-002-15
2.18 (a) Any motor vehicle which is to be used as a refreshment vehicle shall be capable of
moving under its own power upon demand of an officer.
(b) Any vehicle or trailer which is to be used as a refreshment vehicle shall be capable
of being moved demand of an officer.
(c) Notwithstanding Subsection 2.19(a) above, the refreshment vehicle currently
operating on the property located at Concession 4 Part lot 16, former Township of
Darlington and municipally known as 4580 Old Scugog Road may continue to be
licenced as a stationary refreshment vehicle provided there are no further
alterations or expansions to the vehicle and the use remains uninterrupted.
Transfer
2.19 Licences are not transferrable except with the written consent of the Municipal Clerk.
Term
2.20 Licences are valid from the date of issuance and expire on December 31st of each year,
unless revoked or suspended.
Exemptions
2.21 A licensee may temporarily relocate, for up to a maximum of 4 consecutive days, upon
written approval of the Municipal Clerk.
2.22 Notwithstanding Section 2.3 a licence application to participate in a special event or for a
temporary relocation licence shall include the supporting documents as follows:
(a) A refreshment vehicle which is licenced for the current calendar year in Clarington
shall require an on-site Fire Department inspection and an on-site Health
Department inspection only.
(b) A refreshment vehicle which is currently licenced for another municipality within
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fire suppression system) and an on-site Health Department inspection as
well as copies of their corporate information and liability insurance listing the
Municipality of Clarington as a third party co-insured for the duration of the special
event
(c) A refreshment vehicle which is currently licenced for another municipality outside of
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fire suppression system) and an on-site Health Department inspection as
well as copies of their vehicle ownership, their corporate information and liability
insurance listing the Municipality of Clarington as a third party co-insured for the
duration of the special event.
13-20
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(d) A refreshment vehicle which is not currently licenced for any municipality shall
require all the information and documentation as any other applicant for an annual
licence.
PART 3 —OPERATING REQUIREMENTS
3.1 No licensee shall operate a stationery refreshment vehicle in a location other than the
location for which the refreshment vehicle licence has been issued.
3.2 Every licensee, driver or operator of the refreshment vehicle shall produce the licence
issued in accordance with this by-law when requested to do so by an Officer, Police Officer
or Health Inspector.
3.3 Every licensee shall ensure the plate issued in accordance to this by-law is affixed to the
rear of the vehicle and clearly visible at all times.
3.4 Every licensee shall display the license in or on the refreshment vehicle.
3.5 Every licensee shall keep the licensed refreshment vehicle in a clean and sanitary
condition at all times.
i
3.6 Every licensee shall equip the licensed refreshment vehicle with a garbage receptacle
of sufficient size to accommodate all waste material generated by the operation of the
refreshment vehicle.
3.7 Every licensee shall only sell refreshments from the licensed refreshment vehicle that
comply with all applicable health and sanitary regulations.
3.8 Every licensee of a refreshment cart shall only sell prepackaged refreshments in
accordance with their licence.
i
3.9 No licensee of a refreshment cart shall prepare food or cook on or in their refreshment
cart.
3.10 Every licensee shall only sell refreshments from the licensed refreshment vehicle that
i
comply with all applicable health and sanitary regulations.
3.11 No licensee shall operate a refreshment vehicle, containing cooking or heating facilities,
without a 5 lb. ABC portable fire extinguisher.
3.12 No licensee shall relocate a stationary refreshment vehicle without the approval of the
Municipal Clerk.
3.13 No licensee shall conduct business while parked on any travelled portion of a highway.
3.14 Notwithstanding 3.13, a licensee, operator, driver of a refreshment cart or a mobile
refreshment vehicle may, in the course of its rounds, operate on a portion of a highway
where it would be impractical to do otherwise but all sales shall be conducted off the
travelled portion of the highway.
13-21
Attachment 1 to
Municipality of Clarington Report CLD-002-15
3.15 No licensee of a mobile refreshment vehicle or refreshment cart shall operate within a park
without prior written consent of a Director of Community Services in accordance with the
Municipal Parks By-law.
PART 4— ENFORCEMENT
Inspections
4.1 An Officer may, at any reasonable time, enter upon any property for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-law have
been complied with.
4.2 No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with
an inspection undertaken by an Officer.
Suspension of Licence
4.3 The Municipal Clerk or the Director of Fire and Emergency Services may suspend a
licence if the licensee fails to comply with any provision of this by-law and such non-
compliance is not remedied within 7 days, or other time period as deemed appropriate
by the Municipal Clerk, following notice from the Municipality specifying the particulars
of the non-compliance.
Revocation of Licence
4.4 The Municipal Clerk may revoke a licence if,
(a) it was issued in error;
(b) it was suspended in accordance with Section 4.3 and no satisfactory evidence of
compliance has been filed with the Municipality within 60 days from the date of.
suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading statements,
information or undertakings on the application or on any submitted documents
that formed the basis of issuance; or
(d) upon the request of the licensee.
Offences and Penalties
4.5 Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences
Act, R.S.O. 1990, c. P.33,
13-22
Attachment 1 to
Municipality of Clarington Report CLD-002-15
PART 5- GENERAL
Short Title
5.1 The short title of this by-law shall be the "Refreshment Vehicle By-law".
Repeal
5.2 By-law No. 2004-114 is repealed.
5.3 Notwithstanding section 5.2, all licences issued under By-law No. 2004-114 shall remain
in effect until they would have otherwise expired.
Effective Date
5AThis by-law shall be effective on the date that it is passed.
By-law passed this day of xxxxxxx, 2015.
Mayor
C. Anne Greentree, Municipal Clerk
i
i
1
i
L
Pi
c
13-23
Attachment 1 to
Municipality of Clarington Report CLD-002-15
Appendix A
Refreshment Vehicle Licence Fees
Details Fee
Stationary Refreshment Vehicle Annual $200 —first vehicle
Licence $100 —each additional vehicle
Licensed Stationary Refreshment Vehicle $0.00 — up to 10 times per licensing period
Temporary Relocation fee $50.00 — each additional time per licensing
period
Mobile Refreshment Vehicle Annual $200 —first vehicle
licence $100 —each additional vehicle
Mobile Refreshment Vehicle Temporary
Relocation fee
Refreshment Cart Annual Licence $200 — unlimited number of carts
Participation in a Special Event
Currently licensed in Clarington $0.00
Currently licensed in another jurisdiction $50.00 per vehicle
If not currently licenced in any jurisdiction $200 —first vehicle
$100 —each additional vehicle
13-24
Attachment 2 to
Municipality of Clarington Report CLD-002-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-
To amend By-Law#2005-206, and
To amend By-laws # 2014-020 and 2014-021
WHEREAS the Council of the Municipality of Clarington has approved the recommendations
contained in Report CLD-002-2015;
NOW THEREFORE BE IT ENACTED
1. THAT By-law 2005-206 be amended as follows:
a. Section 1.0 is amended by adding thereto the following definition:
"special event" for the purposes of this By-law includes any cultural, recreational
event and any demonstration, parade or other event as licenced under By-laws
2014-020 or 2014-021.
b. Section 3.1 is amended by adding thereto the following:
(j) as part of an approved Special Event as licenced pursuant to either
Clarington By-law 2014-020 or 2014-021.
2. By-law 2014-020 Section 2.14 is amended by deleting the phrase "peddlers(By-law
2005-206)".
3. By-law 2014-021 Section 2.11 is amended by deleting the phrase "peddlers(By-law
2005-206)".
4. This by-law shall come into full force and effect upon its passing.
BY-LAW passed in open session this th day of February 2015.
Adrian Foster, Mayor
i
C. Anne Greentree, Municipal Clerk
i
13-25
Off-MOO" I
I
Clerk's
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: February 2, 2015
Report Number: CLD-007-15 Resolution Number:
File Number: By-law Number:
Report Subject: Appointment to the Durham Trail Coordinating Committee
Recommendations:
1. That Report CLD-007-15 be received;
2. That be nominated as the Municipality of Clarington's appointee to the
Durham Trail Coordinating Committee; and
k
3. That all interested parties listed in Report CLD-007-15 be advised of Council's decision. j
i
i
i;
I
I
F
i
II%
13-26
Municipality of Clarington
Report CLD-007-15 Page 2
Report Overview
This report is intended to provide background information, regarding the Durham Trail
Coordinating Committee, to assist in the appointment of a citizen to the Committee.
1 . Background
General
The Durham Trail Coordinating Committee meets to "expand, enhance and
promote a public regional trail system connecting Durham's municipalities that
supports active and healthy community lifestyles".
The Region of Durham plans to make appointments to the Trail Coordinating
Committee in early 2015. Pursuant to the policy of the Regional Council, each
area municipality nominates names for appointment, and the Regional Council
makes the appointments.
2. Appointment Process
The Municipal Clerk's Department advertised for the vacancy. Advertisements
were placed on the website, and in the local papers with a deadline of noon on
Tuesday, January 27, 2015. The following individuals have put forward an
application for consideration:
• Filip Aleksanderek,
• Paul Davidson
The applications for the above-named individuals have been circulated under
separate cover (Attachment 1) as they contain personal information about the
individuals.
In accordance with the new process, a matrix is included with the applications to
assist in the selection process.
3. Concurrence
Not Applicable
4. Conclusion
It is recommended that one of the following be nominated as the Municipality of
Clarington's appointee to the Durham Trail Coordinating Committee:
• Filip Aleksanderek
• Paul Davidson
13-27
i
Municipality of Clarington
Report CLD-007-15 Page 3
5. Strategic Plan Application
Not applicable.
i
L
Submitted by: Reviewed by.
C. nne Greentree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or
jgallagher@clarington.net
I,
Attachments: I!
Attachment 1 - Confidential Applications to the Durham Region Land Division
Committee (Distributed separately)
The following is a list of the interested parties to be notified of Council's decision:
Deborah Bowen, Regional Clerk/Director of Legislative Services, Region of Durham
All Applicants
r
G
CAG/jeg/mc
jl
i
h
I;
13-28
Claritwa
Corporate Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: February 2, 2015
Report Number: COD-001-15 Resolution:
File Number: CL2015-2 By-law Number:
Report Subject: Clarington Public Library— Courtice Branch Expansion
Recommendations:
1. That Report COD-001-15 be received;
2. That Dalren Limited, Cobourg, Ontario with a revised total bid amount of$713,846.40 (net
H.S.T. Rebate) being the lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2015-2 be awarded the contract for Clarington Public Library —
Courtice Branch Expansion as required by the Municipality of Clarington, Community
i,
Services Department;
3. That the total funds required in the amount of$820,923.36 be drawn from account#110-
62-440-85511-7401 broken down as follows: $713,846.40 contract award and $107,076.96
contingency;
4. That the Director of Finance/Treasurer be authorized to make application to the Region of
Durham for a debenture in the amount of approximately $990,000.00 (to include
construction, architect, furnishings, etc.) plus debenture costs to be financed, to the
maximum amount allowable, from future development charges; and
5. That all interested parties listed in Report COD-001-15 and any delegations be advised of
Council's decision.
14-1
Municipality of Clarington
Report COD-001-15 Page 2
Report Overview
To request authorization from Council to award the contract for the Clarington Public Library —
Courtice Branch expansion with Courtice Community Complex.
1. Background
Tender specifications were provided by Shoalts and Zaback Architects Limited for the
renovations of the Courtice Community Centre to allow for the expansion of the
Clarington Public Library's Courtice Branch.
Tender#CL2015-2 was prepared and issued to seven pre-qualified contractors for this
project. The Tender was listed on the Municipality of Clarington's website and the
documents were made available at the local construction associations for the benefit of
sub-trades. Tenders closed Friday, January 23, 2015. Subsequently, six tenders were
received and tabulated (see Attachment 1).
Tenders identified options/alternatives for consideration once the base tender cost was
known. The options were provided to allow for features to be added to the project if
within the budget limitations.
As the bid submission from Dalren Limited was within the allotted budget two itemized
options were added to the scope of the project revising their overall bid to $713,846.40
(net H.S.T. rebate). The addition is within the Municipality's right to increase the scope
of work for this project as allowed for in the tender document.
2. Clarington Public Library — Courtice Branch Expansion
Six submissions were received in response to the tender call. All submissions were
reviewed and deemed compliant.
After review and analysis of the bid submissions by Shoalts and Zaback Architects
Limited, Clarington Public Library, Community Services Department and Purchasing
Services it was mutually agreed that the low bidder, Dalren Limited be recommended for
the award of contract CL2015-2 for the Clarington Public Library— Courtice Branch
Expansion.
Dalren Limited is on the Municipality of Clarington's general Contractor Registry. In
addition, and as part of the pre-qualification process, reference for projects completed in
the last five years were followed up and verified.
3. Financial and Budget Considerations
The total project cost of$ 820,923.36 includes the construction cost of$713,846.40 (net
H.S.T. Rebate), the total bid from Dalren Limited and project contingency of
$107,076.96 (net H.S.T. Rebate).
14-2
Municipality of Clarington
Report COD-001-15 Page 3
Funding for this project was approved by Council in the 2014 capital budget for a total of
$1,100,000.00 including design architect, construction, and furnishings and equipment.
The project is a growth related project. The 90% growth related capital costs were
approved in the 2014 budget, to be financed via a debenture and Council is expressing
its intent to fund debenture repayments to the maximum extent allowable from current
and future development charges.
The funding will be drawn from the Library Renovation and Expansion to Courtice
Library Account# 110-62-440-85511-7401
4. Concurrence
This report has been reviewed by Joseph Caruana, Director of Community Services,
and Linda Kent, CEO Library Services who concur with the recommendations.
5. Conclusion
It is respectfully recommended that Dalren Limited with the lowest compliant bid of
$713,846.40 (net H.S.T. rebate) be awarded the contract for the Clarington Public
Library— Courtice Branch expansion at Courtice Community Complex.
6. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by:,/ ' G L��7u Reviewed by:
Marie Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
Na' ff y Tay r, B CPA, CA.,
Director of Finance/Treasurer
Staff Contact: David Ferguson, Purchasing Manager, 905.623.3379 Ext 2209 or
dferguson@clarington.net
Attachments: Attachment 1 —Tabulation of Bid Summary
List of interested parties to be notified of Council's decision is on file in the Corporate Services
Department.
MM/DF/sm
14-3
Municipality of Clarington Attachment 1 to
Report COD-001-15
Leurllrlg the 14'ay
Municipality of Clarington
SUMMARY OF BID RESULTS
Tender CL2015-2
CLARINGTON PUBLIC LIBRARY —
COURTICE BRANCH EXPANSION
Bidder Total Bid Total Bid
(net HST Rebate) with HST included
Dairen General Contracting $ 691,968.00 $ 768,400.00
W.S. Morgan Construction Limited $ 728,092.80 $ 808,515.00
Steelcore Construction Ltd. $ 742,644.48 $ 824,674.00
HN Construction Limited $ 742,848.00 $ 824,900.00
Peak Engineering & Construction $ 777,647.22 $ 863,543.00
Varcon Construction Corporation $ 832,396.80 $ 924,340.00
14-4
Clarington
Corporate Services
Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: February 2, 2015
Report Number: COD-002-15 Resolution:
File Number: RFP2014-16 By-law Number:
Report Subject: Priority Green Clarington - Green Development Standards,
Guidelines and Incentives
Recommendations:
1, That Report COD-002-15 be received;
2. That the proposal received from Macaulay Shiomi Howson Limited and BrookMcllroy being
the highest ranked proponent meeting all terms, conditions and specifications of Request
for Proposal RFP2014-16 be awarded the contract for the Green Development Standards,
Guidelines and Incentives with a bid amount of$67,853.57 (net H.S.T. Rebate);
r
3. That the funds required in the amount of$67,853.57 be drawn from account#100-50-X-
10542-7520 relating to Priority Green Clarington; and
4. That all interested parties listed in Report COD-002-15 and any delegations be advised of
Council's decision.
h
14-5
Municipality of Clarington
Report COD-002-15 Page 2
Report Overview
To request authorization from Council to award the contract for the Green Development
Standards, Guidelines and Incentives.
1 . Background
As of component of the Priority Green Clarington project, Request for Proposal
#RFP2014-16 was issued for provision of Green Development Standards, Guidelines and
Incentives as per specifications provided by the Municipality of Clarington's Planning
Services Department.
The Request for Proposal (RFP) was advertised electronically on the Municipality's
website as well as on the Ontario Public Buyers Association's (OPBA) website.
A total of twenty-three (23) firms obtained the bid document. Four (4) submissions were
received in response to the request for proposal and were all deemed compliant.
2. Green Development Standards, Guidelines and Incentives
The RFP was structured as a "two-envelope" model with each submission including a
detailed Technical Proposal (Envelope 1) and a sealed separate envelope with a Pricing
Proposal (Envelope 2). The selection process stipulated that the envelopes containing
the pricing information would not be opened until the evaluation of the Technical
Proposals had been completed.
As stipulated within the proposal document, proponents were evaluated based on the
following criteria:
• Experience of Firm
• Firm's Experience with green development standards, guidelines and incentives
• Qualifications of Project Team and Key Personnel assigned to the project
• Project Approach and Methodology
• Compliance & Completeness
• Pricing/Cost.
In addition to the above evaluation criteria the Request for Proposal documents stipulated
that, the vendor selection would be made on the basis of the written proposal, reference
checks and an interview if required.
All submissions received were reviewed by the Municipality's evaluation team consisting
of staff from the Planning Services Department, Engineering Services Department and
Corporate Services Department.
14-6
Municipality of Clarington
Report COD-002-15 Page 3
The evaluation committee reviewed and scored the proposals in accordance with the
established evaluation criteria and based on the evaluation rankings, three firms met the
evaluation threshold and were shortlisted to move forward in the process.
A primary concern for the evaluation committee was that the firm understood the scope of
work requirements as they pertained to Sustainability and Green Development Standards
as well as the firm's experience with similar projects.
Upon completion of the shortlisting process, references were verified on the short-listed
firms.
The highest ranked firm was invited to make a presentation to the evaluation committee.
This provided the committee with an opportunity to seek clarification in regards to the
submission, to meet the proposed team of Macaulay Shiomi Howson Limited and
BrookMcllroy and to confirm that they had a strong understanding of the project.
The presentation was scored by the evaluation committee based on the firm's Ability to
Communicate; Overall Impression/Presentation; Attention to Concerns/Questions and
Ability to Understand Requirements and Identify Practical Solutions.
3. Financial/Budget Funding
The Proposal submitted by Macaulay Shiomi Howson Limited and BrookMcllroy was in
the amount of$ $67,853.57 (net of H.S.T. Rebate). Funding will be drawn from the
Priority Green Clarington account (account# 100-50-x-10542-7520).
The Priority Green Clarington initiative is made possible through a combination of funding
from multiple levels of government. This includes funding support from the Government
of Ontario through the Showcasing Water Innovation program, and the Green Municipal j
Fund, a fund financed by the Government of Canada and administered by the Federation
of Canadian Municipalities, in addition to municipal funding as presented to Municipal
Council in Report PSD-007-12 and subsequently approved by Council Resolution GPA-
025-12.
I
4. Concurrence
This report has been reviewed by David Crome, Director of Planning Services, who
concurs with the recommendations. The report will advance the policies of the
Clarington Official Plan and the recommendations of the Clarington Sustainability
Advisory Committee presented to Council last year.
5. Conclusion
It is respectfully recommended that Macaulay Shiomi Howson Limited and BrookMcllroy
being the highest ranked proposal be awarded the contract for the Green Development
Standards, Guidelines and Incentives.
14-7
Municipality of Clarington
Report COD-002-15 Page 4
6. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
one Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
Staff Contact: David Ferguson, Purchasing Manager, 905.623.3379 Ext 2209 or
dferguson@clarington.net
Attachments:
Attachment 1 — RFP2014-16 Green Development Standards, Guidelines and Incentives
List of interested parties to be notified of Council's decision is on file in the Corporate Services
Department.
MM/DF/sm
14-8
Attachment 1 to
Municipality of Clarington Report COD-002-15
RFP2014-16
GREEN DEVELOPMENT STANDARDS,
GUIDELINES AND INCENTIVES
Proposals were received from the following Firms:
Macaulay Shiomi Howson Ltd - BrookMcllroy
Dillon Consulting
Halsall
Mott MacDonald Canada Ltd —The Planning Partnership j
i
i
r
C
i'
I'
r
14-9
Claritwo Memo
Clerk's Department
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
To: Mayor Foster and Members of Council
From: June Gallagher, Deputy Clerk
Date: January 30, 2015
Subject: General Purpose &Administration Committee Meeting Agenda
— February 2, 2015 — 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, February 2, 2015:
13. Municipal Clerk's Department
Report CLD-002-15 — Update (Attachment#1)
a) Refreshment Vehicle By-law
Staff identified and have corrected a few housekeeping items in the proposed
Refreshment Vehicle by-law. Further to this, it was raised earlier today at the
Mayor's meeting that there may be a desire to amend the proposed Refreshment
Vehicle By-law to provide for commercial property owner's to be permitted to
temporarily allow stationary or mobile refreshment vehicles on their commercial
properties for a specific event. Should Council wish to include this provision, the
suggested wording to be included in the by-law is as follows:
"Add Section 2.13 (3) Notwithstanding clause 1(a) above, the Municipal Clerk
may issue a licence for a period not exceeding 4 consecutive days if the
owners or operators of all eating establishments within 60 meters of the
proposed location of the refreshment vehicle consent to the issuance and all
other requirements for issuance have been met."
Report CLD-007-15 — Update (Attachment#2)
b) Updated Matrix and Confidential application received (late) from Leo Pinto for
the Durham Trail Coordinating Committee. (distributed separately)
Attached please find the Final Agenda. (Attachment#3)
PZz_",06, .
ne Gallagher, Deputy Cler
J EG/mc
c: F. Wu, Chief Administrative Officer
Department Heads
ATTACHMENT # I
TO UPDATE MEMO
Attachment 1 to
Municipality of Clarington Report CLD-002-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2015-XX
Being a by-law to license Refreshment Vehicles
within the Municipality of Clarington
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may
(a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c)
provide for a system of licences respecting the matter;
WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may provide
for a system of licences with respect to any business wholly or partly carried on within the
municipality, including the sale or hire of goods or services on an intermittent or one-time basis;
and
WHEREAS under Subsection 11(2) of the Municipal Act, 2001, a municipality may exercise its
licensing powers for the purpose of consumer protection and to protect the health and safety of
the general public; and
WHEREAS the Council of the Municipality of Clarington deems it appropriate to update the
refreshment vehicle licensing regulations.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law,
"applicant" means a person seeking a licence or renewal of a licence;
"cook" means to prepare food for eating by the action of heat;
"currently licensed" means,
(i) licensed to operate within the Municipality for the current calendar year;
(ii) licensed to operate within another municipality within Durham Region for the
period involved in an anticipated special event; or
(iii) licensed to operate within another municipality outside of Durham Region for a
period of time that would include an anticipated special event.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
"Director of Emergency and Fire Services" means the Fire Chief of the Municipality or a
designate;
"eating establishment" has the same meaning as an eating establishment or restaurant
as defined in the current Municipality of Clarington Zoning By-laws;
"highway" shall have the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H.8;
"licence" means a licence issued by the Municipal Clerk to operate a refreshment
vehicle in accordance with this by-law;
"licensee" means a person to whom a licence has been issued and shall include any
driver or operator of the refreshment vehicle;
"mobile refreshment vehicle" means a vehicle designed and intended to move from one
location to another on a regular basis and on short notice and may include facilities for
cooking;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25;
"Municipal Clerk" means Clerk of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the geographic
area of Clarington, as the context requires;
"Officer" means a Municipal Law Enforcement Officer whose duties include the
enforcement of this by-law;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and their heirs, executors or legal representatives;
"park" means land and land covered by water and all portions thereof owned or made
available by lease, agreement, or otherwise to the Municipality, that is or hereafter may
be established, dedicated, set apart or made available for use as woodlot, ravine,
recreation centre, square, garden, walkway, water or any other area in the Municipality,
devoted to active or passive recreation;
"plate" means a metal plate issued by the Municipality bearing an identifying number;
"primary location" means the main or home location for operations of a stationary
refreshment vehicle;
"refreshment" includes any form of food or drink fit for human consumption;
"refreshment vehicle" means a refreshment cart, mobile refreshment vehicle or
stationary refreshment vehicle;
i
Attachment 1 to
Municipality of Clarington Report CLD-002-15
"refreshment cart" means any non-motorized vehicle used exclusively for the sale of
prepackaged foods and does not include facilities for cooking;
"special event" means a cultural, recreational, educational or similar event including
fairs, festivals and carnivals, for which a Municipal special events permit has been
issued or which has been sanctioned by the Municipality;
"special event refreshment licence" means a temporary licence issued to a vendor for
the purpose of taking part in a special event;
"stationary refreshment vehicle" means a vehicle which,
(a) may contain cooking facilities;
(b) must be parked or placed in a specific location in order to operate; and
(c) although it may be moved at the end of the work day, or to various
different locations on a daily basis, it cannot close down and relocate on
short notice; and
"vehicle" shall have the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H.B.
References
1.2 In this by-law, reference to any Act or By-law is reference to that Act or By-law as it is
amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to Sections are references to
Sections in this by-law.
Word Usage
1.4 This by-law shall be read with all changes in gender or number as the context requires.
1.5 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This by-law applies to all refreshment vehicles operating in the Municipality unless
otherwise specified.
Severability
i
1.7 Each section of this by-law is an independent section, and the holding of any section or
part of any section of this by-law to be void or ineffective for any reason shall not be
deemed to affect the validity of any other sections of this by-law.
i
Attachment 1 to
Municipality of Clarington Report CLD-002-15
PART 2 - LICENSING
Requirement
2.1 No person shall operate a refreshment vehicle in the Municipality without a licence.
Applications
2.2 Every licence application shall be completed and submitted on forms prescribed by the
Municipal Clerk.
2.3 Every licence application to operate a refreshment vehicle shall include,
(a) an application fee as prescribed in Appendix A;
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department;
and
(d) where the refreshment vehicle is fitted with propane or natural gas, a current
certificate issued within thirty (30) days of the date of the refreshment vehicle
licence application, by a provincially authorized propane or natural gas fitter, as the
case may be, certifying that the refreshment vehicle complies with the applicable
equipment and performance standards as prescribed by the Province of Ontario.
2.4 In addition to the requirements in Section 2.3, every licence application to operate a
stationary refreshment vehicle shall include,
(a) proof of inspection and approval from the Clarington Emergency and Fire Services
Department for a fixed fire suppression system, if any;
(b) in the case of a new applicant, the Technical Standards and Safety Authority Initial
Vehicle Inspection Report;
(c) where there are cooking appliances that produce grease laden vapour,
verification that the vehicle is protected by an approved fixed fire protection
system;
(d) where the applicant is not the owner of the land where the stationary refreshment
vehicle will be located, written permission signed by the owner of the property
where the stationary vehicle will be located;
(e) proof from the Planning Services Department that the placement of the vehicle on
the proposed property is an approved ancillary use on the land; and
(f) a site location drawing, drawn to scale, showing,
(i) the proposed primary location of the stationary refreshment vehicle;
i
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(ii) parking facilities for the business; and
(iii) the distance between the proposed location and all property lines.
2.5 In addition to the requirements in Section 2.3, every licence application to operate a
refreshment cart shall include, where the applicant is a company which owns more than
one vehicle, the total number of refreshment carts to be licensed.
2.6 In addition to the requirements in Section 2.3, every mobile refreshment vehicle licence
application shall include,
(a) proof of inspection and approval from the Clarington Emergency and Fire Services
Department; and
(b) where the applicant is a company which owns more than one vehicle, the total
number of mobile refreshment vehicles to be licensed.
2.7 Every licence application to operate a refreshment vehicle as part of a special event shall
include,
(a) written proof of participation approval by the special event host organization;
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department or
where the applicant is currently licensed by their home jurisdiction, proof of
inspection and approval from their home jurisdiction Health Department; and
(d) proof of inspection and approval from the Clarington Emergency and Fire Services
Department or where the applicant is currently licensed by their home jurisdiction,
proof of inspection and approval from their home jurisdiction Fire Department.
Issuance
2.8 The Municipal Clerk may approve or refuse any licence application, and may impose any
conditions upon an approval as she determines appropriate. More specifically, the
Municipal Clerk may refuse based on the vehicle type, appearance or where the location is
deemed inappropriate, unsuitable or unsafe.
2.9 The Director of Emergency and Fire Services may impose alternative setbacks from
adjacent structures or vehicles as is deemed necessary in the interest of public safety.
2.10 The Municipal Clerk shall not issue a stationary refreshment vehicle licence where the
issuance would contravene or conflict with any other Municipal By-law.
2.11 The Municipal Clerk shall not issue a licence for which all of the necessary application
supporting documents have not been supplied in original form, or as otherwise determined
by the Municipal Clerk.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
2.12 The operator of a mobile refreshment vehicle shall not operate from any single location for
more than 30 consecutive minutes before having to move again.
2.13 (1) The Municipal Clerk shall not issue a licence unless the refreshment vehicle will be
located in excess of 60 metres from any,
(a) eating establishment;
(b) playground equipment located in any park; and
(c) school property.
(2) Clauses (a) and (b) above shall not apply to special event refreshment licences.
2.14 The Municipal Clerk shall not issue a licence to operate in a park without the written
consent of the Director of Operations.
2.15 Every vehicle licensed to operate as a refreshment vehicle shall, unless otherwise
stipulated in this by-law, be issued a plate and such plate shall be affixed to the rear of
the vehicle and be clearly visible at all times.
2.16 A licensee shall comply with all licence conditions.
Disqualifications
2.17 The Municipal Clerk shall refuse to issue or renew a licence where,
(a) the applicant is not at least 18 years of age;
(b) the application is incomplete;
(c) the prescribed licence fee has not been paid;
(d) the applicant has outstanding fines or debts to the Municipality;
(e) the applicant has submitted false information in support of the application;
(f) the issuance of the licence would contravene any of the provisions of this by-law;
(g) the a pp licant has been convicted of a breach of this by-law or any similar by-law
within another municipality; or
(h) an Officer, by way of inspection, has determined that the refreshment vehicle is not
in compliance with this by-law.
2.18 (1) Any motor vehicle which is to be used as a refreshment vehicle shall be capable of
moving under its own power upon demand of an Officer.
I
(2) Any vehicle or trailer which is to be used as a refreshment vehicle shall be capable
of being moved demand of an Officer.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(3) Notwithstanding Subsection 2.18(1), the refreshment vehicle currently operating on
the property located at Concession 4 Part lot 16, former Township of Darlington and
municipally known as 4580 Old Scugog Road may continue to be licenced as a .
stationary refreshment vehicle provided there are no further alterations or
expansions to the vehicle and the use remains uninterrupted.
Transfer
2.19 Licences are not transferrable except with the written consent of the Municipal Clerk.
Term
2.20 Licences are valid from the date of issuance and expire on December 31 st of each year,
unless revoked or suspended.
Exemptions
2.21 A licensee may temporarily relocate, for up to a maximum of 4 consecutive days, upon
written approval of the Municipal Clerk.
2.22 Notwithstanding Section 2.3, a licence application to participate in a special event or for a
temporary relocation licence shall only include the supporting documents as follows:
(a) A refreshment vehicle which is licenced by the Municipality for the current calendar
year shall require an on-site Emergency and Fire Services Department inspection
and an on-site Health Department inspection only.
(b) A refreshment vehicle which is currently licenced for another municipality within
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fixed fire suppression system) and an on-site Health Department
inspection as well as copies of their corporate information and liability insurance
listing the Municipality as a third party co-insured for the duration of the special
event.
(c) A refreshment vehicle which is currently licenced for another municipality outside of
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fixed fire suppression system) and an on-site Health Department
inspection as well as copies of their vehicle ownership, their corporate information
and liability insurance listing the Municipality as a third party co-insured for the
duration of the special event.
(d) A refreshment vehicle which is not currently licenced for any municipality shall
require all the information and documentation as any other applicant for an annual
licence.
PART 3 —OPERATING REQUIREMENTS
3.1 No licensee shall operate a stationery refreshment vehicle in a location other than the
location for which the refreshment vehicle licence has been issued.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
3.2 Every licensee, driver or operator of the refreshment vehicle shall produce the licence
issued in accordance with this by-law when requested to do so by an Officer, Police Officer
or Health Inspector.
3.3 Every licensee shall ensure the plate issued in accordance to this by-law is affixed to the
rear of the vehicle and clearly visible at all times.
3.4 Every licensee shall display the license in or on the refreshment vehicle.
3.5 Every licensee shall keep the licensed refreshment vehicle in a clean and sanitary
condition at all times.
3.6 Every licensee shall equip the licensed refreshment vehicle with a garbage receptacle
of sufficient size to accommodate all waste material generated by the operation of the
refreshment vehicle.
3.7 Every licensee shall only sell refreshments from the licensed refreshment vehicle that
comply with all applicable health and sanitary regulations.
3.8 Every licensee of a refreshment cart shall only sell prepackaged refreshments in
accordance with their licence.
3.9 No licensee of a refreshment cart shall prepare food or cook on or in their refreshment
cart.
3.10 No licensee shall operate a refreshment vehicle, containing cooking or heating facilities,
without a 5 lb. ABC portable fire extinguisher.
3.11 No licensee shall relocate a stationary refreshment vehicle without the approval of the
Municipal Clerk.
3.12 No licensee shall conduct business while parked on any travelled portion of a highway.
3.13 Notwithstanding Section 3.12, a licensee, operator, driver of a refreshment cart or a mobile
refreshment vehicle may, in the course of its rounds, operate on a portion of a highway
where it would be impractical to do otherwise but all sales shall be conducted off the
travelled portion of the highway.
PART 4— ENFORCEMENT
Inspections
4.1 An Officer may, at any reasonable time, enter upon any property for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-law have
been complied with.
4.2 No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with
an inspection undertaken by an Officer.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
Suspension of Licence
4.3 The Municipal Clerk or the Director of Emergency and Fire Services may suspend a
licence if the licensee fails to comply with any provision of this by-law and such non-
compliance is not remedied within 7 days, or other time period as deemed appropriate
by the Municipal Clerk, following notice from the Municipality specifying the particulars
of the non-compliance.
Revocation of Licence
4.4 The Municipal Clerk may revoke a licence if,
(a) it was issued in error;
(b) it was suspended in accordance with Section 4.3 and no satisfactory evidence of
compliance has been filed with the Municipality within 60 days from the date of
suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading statements,
information or undertakings on the application or on any submitted documents
that formed the basis of issuance; or
(d) upon the request of the licensee.
Offences and Penalties
4.5 Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences
Act, R.S.O. 1990, c. P.33.
PART 5- GENERAL
Short Title
5.1 The short title of this by-law shall be the "Refreshment Vehicle By-law".
Repeal
5.2 By-law No. 2004-114, as amended, is repealed.
5.3 Notwithstanding section 5.2, all licences issued under By-law No. 2004-114 shall remain
in effect until they would have otherwise expired.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
Effective Date
5.4 This by-law shall be effective on the date that it is passed.
By-law passed this day of February, 2015.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Attachment 1 to
Municipality of Clarington Report CLD-002-15
Appendix A
Refreshment Vehicle Licence Fees
Details Fee
Stationary Refreshment Vehicle Annual $200 —first vehicle
Licence $100 — each additional vehicle
Licensed Stationary Refreshment Vehicle $0.00 — up to 10 times per licensing period
Temporary Relocation fee $50.00 — each additional time per licensing
period
Mobile Refreshment Vehicle Annual $200 —first vehicle
licence $100 —each additional vehicle
Mobile Refreshment Vehicle Temporary
Relocation fee
Refreshment Cart Annual Licence $200 — unlimited number of carts
Participation in a Special Event
Currently licensed in Clarington $0.00
Currently licensed in another jurisdiction $50.00 per vehicle
If not currently licenced in any jurisdiction $200 —first vehicle
$100 — each additional vehicle
j
Attachment 2 to
Municipality of Clarington Report CLD-002-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-
To amend By-Laws #2005-206, # 2014-020 and 2014-021
WHEREAS the Council of the Municipality of Clarington has approved the recommendations
contained in Report CLD-002-2015;
NOW THEREFORE BE IT ENACTED
1. THAT By-law 2005-206 be amended as follows:
a. Section 1.0 is amended by adding thereto the following definition:
"special event" for the purposes of this By-law includes any cultural, recreational
event and any demonstration, parade or other event as licenced under By-laws
2014-020 or 2014-021.
b. Section 3.1 is amended by adding thereto the following:
Q) as part of an approved Special Event as licenced pursuant to either
Clarington By-law 2014-020 or 2014-021.
2. By-law 2014-020 Section 2.14 is amended by deleting the phrase "peddlers(By-law
2005-206)".
3. By-law 2014-021 Section 2.11 is amended by deleting the phrase "peddlers(By-law
2005-206)".
4. This by-law shall come into full force and effect upon its passing.
BY-LAW passed in open session this t" day of February 2015.
Adrian Foster, Mayor
I
C. Anne Greentree, Municipal Clerk
ATTACHMENT #
TO UPDATE MEMO
FINAL
General Purpose and Administration Committee Agenda
Date: February 2, 2015
Time: 9:30 AM
Place: Council Chambers
If this information is required in an alternate accessible format, please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Audio Record: The Municipality of Clarington makes an audio record of General
Purpose and Administration Committee meetings. If you make a delegation or
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
a. Minutes of a Regular Meeting of January 19, 2015 4-1
b. Minutes of a Special Meeting of January 16, 2015 4-18
5. Public Meetings
No Public Meetings
6. Delegations
a. Michael Hackenberger, Bowmanville Zoo, Regarding PSD-010-15, Street
Names in Farsight Homes Subdivision
b. David Stuckless, Magnetsigns, Regarding a Mobile Sign Company
Licence (Confidential Delegation in Accordance with Section 239 (2) (b))
C. Peggy Brain, Regarding By-law 93-144, Sidewalk Snow Removal and
Clearing
Corporation of The Municipality of Clarington
40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905-623-3379
G.P. &A. Agenda 2 February 2, 2015
7. Presentations
No Presentations
8. Planning Services Department
(a) PSD-010-15 Street Names in Farsight Homes Subdivision, 8-1
Bowmanville
(b) PSD-011-15 Year End Report on Planning Activities for 2014 8-5
9. Engineering Services Department
No Reports
10. Operations Department
No Reports
11. Emergency and Fire Services Department
No Reports
12. Community Services Department
No Reports
13. Municipal Clerk's Department
(a) CLD-002-15 Refreshment Vehicles/Municipal Peddlers Permits 13-1
(b) CLD-007-15 Appointment to Durham Trail Coordinating Committee 13-26
14. Corporate Services Department
(a) COD-001-15 Clarington Public Library— Courtice Branch 14-1
Expansion
i
(b) COD-002-15 Priority Green Clarington - Green Development 14-5
Standards, Guidelines and Incentives
15. Finance Department
No Reports
G.P. &A. Agenda 3 February 2, 2015
16. Solicitors Department
No Reports
17. Chief Administrative Office
No Reports
18. Unfinished Business
None
19. Other Business
20. Communications
None
21. Confidential Reports
No Reports
22. Adjournment