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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