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Home My WebLink About03/09/2015 Clarington General Purpose and Administration Committee Agenda Date: March 9, 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 eA 2102. i 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 i 2. Disclosures of Pecuniary Interest 3. Announcements 4. Adoption of Minutes of Previous Meeting a. Minutes of a Regular Meeting of February 23, 2015 4-1 b. Minutes of a Special Meeting of February 27, 2015 4-25 E 5. Public Meetings a. Application for a Proposed Zoning By-law Amendment and 5-1 Draft Plan of Subdivision Applicant: Averton Group Report: PSD-014-15 b. Application for a Proposed Zoning By-law Amendment 5-3 Applicant: Jeffery Homes Inc. Report: PSD-015-15 i Corporation of The Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905-623-3379 G.P. &A. Agenda 2 March 9, 2015 6. Delegations 6-1 a. Oliver Ward, Manantler Craft Brewing Company Inc., Regarding Manufacturer's Limited Liquour Sales Licence Application Form. 7. Presentations No Presentations 8. Planning Services Department (a) PSD-014-15 An Application by Averton Group to Develop 146 8-1 Residential Units (b) PSD-015-15 An Application by Jeffery Homes Inc. to Rezone 8-11 Lands in a Draft Approved Plan of Subdivision (c) PSD-016-15 Recommendation Report for a Rezoning Application 8-19 by Sharon Melville to Replace Two Existing Dwellings With One New Detached Dwelling Within the Floodplain of The Soper Creek (d) PSD-017-15 Proposed Applications by Pollux Development Inc. to 8-30 Permit a 115 Unit Residential Development (e) PSD-018-15 Land transfer to Central Lake Ontario Conservation at 8-55 Bowmanville Marsh for Water Control Structure 9. Engineering Services Department No Reports 10. Operations Department (a) OPD-002-15 Sidewalk Snow Removal and Clearing 10-1 11. Emergency and Fire Services Department (a) ESD-001-15 Emergency Services Activity Report—2014 11-1 12. Community Services Department No Reports 13. Municipal Clerk's Department No Reports G.P. &A. Agenda 3 March 9, 2015 14. Corporate Services Department (a) COD-004-15 * Purchasing By-Law- Update 2015 14-1 (b) COD-005-15 Review and Renewal of Corporate Purchasing Card 14-49 Services (c) COD-006-15 Bridge & Culvert Repairs 14-53 (d) COD-007-15 2015 Day of Mourning 14-61 15. Finance Department No Reports 16. Solicitors Department No Reports 17. Chief Administrative Office i No Reports 18. Unfinished Business i 19. Other Business i 20. Communications l 21. Confidential Reports i No Reports 22. Adjournment G r r, ClaringtonGeneral Purpose and Administration Committee Minutes February 23, 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, February 23, 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 Councillor W. Woo Also Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon arrived at 3:11 PM Municipal Clerk, A. Greentree Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor until 3:11 PM Director of Emergency & Fire Services, G. Weir Deputy Clerk, J. Gallagher Committee Coordinator, M. Chambers Absent: Councillor C. Traill 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 following: i • Ganaraska Region Conservation Authority elected Councillor Wendy Partner to the position of Vice-Chair. • Bowmanville Junior C Eagles Hockey Game on Sunday, February, 22, 2015. 4-1 General Purpose and Administration Committee Minutes February 23, 2015 • Region of Durham's Public Information Centre (PIC) on Tuesday, March 3, 2015, regarding road improvements to Regional Road 57 from Baseline Road to Nash Road at the Church of Jesus Christ of Latter Day Saints from 5:00 PM to 8:00 PM. • Grand Opening of Brewers Pantry on Friday, March 6, 2015 at 116 King Street West. Councillor Partner announced the following: • Local Leskard Resident, Edward Butler is receiving the Honour of the Knight of the French National Order Ceremony on Thursday, February 26, 2015 at the Royal Canadian Legion in Bowmanville. • Newtonville Community Hall's Annual Chilli Dinner on Sunday, March 1, 2015 from 4:30 PM to 6:30 PM. • Newcastle Lions Club's Italian Supper on Sunday, March 1, 2015 at 6:00 PM. • Applications are being accepted for Trees for Rural Roads Program until March 31, 2015, contact Central Lake Ontario Conservation Authority for applications for more information contact Kestrel Wraggett at 905-885-8173 or kwraggett(q-)_grca.on.ca Councillor Woo announced the following: • Clarington Sports and Leisure Fair on Saturday, March 1, 2015 at the Garnet B. Rickard Complex from 1:00 PM to 4:00 PM. • Newcastle Stars Hockey Organization is starting their playoffs, games will be located at the Newcastle Arena. Mayor Foster announced the following: • Toastmasters Open House at the Seasons Retirement Residence on Tuesday, February 24, 2015 from 7:15 PM to 9:00 PM. • Region of Durham's Finance Committee's Budget Meeting on Tuesday, February 24 and Wednesday, February 25, 2015 at 9:30 AM. • Municipality of Clarington's Budget Meeting on Friday, February 27, 2015 at 9:30 AM in the Council Chambers. - 2 - 4-2 General Purpose and Administration Committee Minutes February 23, 2015 Minutes E Resolution #GPA-067-15 i Moved by Councillor Woo, seconded by Councillor Hooper I That the minutes of the regular meeting of the General Purpose and Administration Committee held on February 2, 2015, be approved. CARRIED i E Councillor Woo chaired this portion of the meeting. Public Meeting (a) Subject: Applications for a Proposed Zoning By-law Amendment Applicant: Sharon Melville Report: PSD-012-15 Robert Russell, Planner made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to or support to the application. i (b) Subject: Applications for a Proposed Zoning By-law Amendment f Applicant: Dr. R.J.C.G. Inc. Report: PSD-013-15 Nicole Granzotto, Planner, made a verbal and electronic presentation to the 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 he was present to address concerns of the neighbours, specifically the garbage. He advised that they are proposing that garbage be stored internally, and then contained externally. Mr. Fry addressed the privacy issues by noting that currently the property south of building is commercial. He added that this may change in the future. Mr. Fry noted that there is proposed six foot privacy fence on the south side of the building and it will be reviewed to determine if additional fencing is needed on the north and east sides. He concluded by advising the Committee that he believes this development will increase property values and is a good use of the property. - 3 - 4-3 I' General Purpose and Administration Committee Minutes February 23, 2015 Mayor Foster chaired this portion of the meeting. Delegations Delegation of Mary-Anne Pietrusiak, Epidemiologist, Region of Durham Health Department, Regarding the Launch of Health Neighbourhoods Mary-Anne Pietrusiak, Epidemiologist, Region of Durham-Health Department, was present to provide a presentation regarding the launch of Health Neighbourhoods. She made a verbal presentation to accompany an electronic presentation and a handout. Ms. Pietrusiak provided a brief background on the Health Neighbourhoods Project which includes dividing the Region of Durham into 50 Health Neighbourhoods with the population of each Health Neighbourhood being approximately 12,000 people. Ms. Pietrusiak advised the Committee that the website for the project which is durham.ca/neighbourhoods. She provided an overview and demonstration of the features of the website. Ms. Pietrusiak explained that the three main indicators for the Region of Durham include Demographic Indicators, Early Child Development Indicators and Health Indicators. She continued by reviewing the Neighbourhood Profiles for the Region of Durham and reviewed the profile for the Municipality of Clarington and provided examples of what information is available for these profiles. Ms. Pietrusiak continued by reviewing and demonstrated the Map Viewer feature on the website which include Points of Interest, Demographics, Early Child Development and Health. Suspend the Rules Resolution #GPA-068-15 Moved by Councillor Hooper, seconded by Councillor Woo That the Rules of Procedure be suspended to allow the delegation of Mary-Anne Pietrusiak to be extended for an additional ten minutes. CARRIED Ms. Pietrusiak concluded her presentation by reviewing some general findings, how the information will be used, and provided a summary of the intended benefits of the program. Resolution #GPA-069-15 Moved by Councillor Woo, seconded by Councillor Partner That the delegation of Mary-Anne Pietrusiak, Epidemiologist, Region of Durham Health Department, regarding the launch of Health Neighbourhoods, be received with thanks. CARRIED - 4 - 4-4 General Purpose and Administration Committee Minutes February 23;2015 Delegation of Kerri King, Tourism Manager, Region of Durham, Regarding the Durham Festival Kerri King, Tourism Manager, Region of Durham, was present to provide a presentation on the Durham Festival. She made a verbal presentation to accompany an electronic presentation. Ms. King advised the Committee she is hoping to share information regarding the festival which has been part of the Region of Durham's Tourism Strategy for the past five years. She noted the Region of Durham is launching this festival in coordination with the Pan Am and the Parapan Am Games. Ms. King advised the Committee that the festival will take place Thursday, August 13 to Sunday, August 16, 2015 and the objective is to create a Durham wide festival to align the many community events in the Region of Durham. She provided some background of the intention of the festival and noted that they hope that it will be a promotion of tourism in the Region of Durham. Ms. King provided a summary of some of the events to be included in the festival that includes: Elevation2015, Creek-side Picnic in Clarington, Woodland Disco and Night Market in Oshawa, Whitby Waterfront Celebration (Harbour Days), Taste Ajax, Performance in Pickering, North Durham Village, and Ride4United Way Gran Fondo. Ms. King concluded her presentation explaining how people of able to get involved and participate in the Durham Festival. Mayor Foster left the meeting at 10:52 AM and Councillor Woo took his place in the Chair. i Resolution #GPA-070-15 Moved by Councillor Hooper, seconded by Councillor Cooke (, That the delegation of Kerri King, Tourism Manager, Region of Durham, regarding the Durham Festival be received with thanks. CARRIED Recess Resolution #GPA-071-15 j Moved by Councillor Partner, seconded.by Councillor Cooke That the Committee recess for 15 minutes. CARRIED The meeting reconvened at 11:12 AM with Councillor Woo chairing this portion of the r f meeting. I Mayor Foster returned to the meeting. - 5 - 4-5 General Purpose and Administration Committee Minutes February 23, 2015 Presentations There were no presentations. Planning Services Department A Rezoning Application By Sharon Melville to Replace Two Existing Dwellings With One New Detached Dwelling Within the Floodplain of the Soper Creek Resolution #GPA-072-15 Moved by Councillor Neal, seconded by Mayor Foster That Report PSD-012-15 be received; That staff consider the public comments received in the further processing of the application for Zoning By-law Amendment (ZBA 2014-0029), submitted by Sharon Melville, for permitting the construction of a dwelling in the floodplain of the Soper Creek; and That all interested parties listed in Report PSD-012-15 and any delegations be advised of Council's decision. CARRIED An Application by Dr. R.J.C.G. Inc.to Rezone Lands at 2021 Green Road for a Mixed Use Building Resolution #GPA-073-15 Moved by Councillor Hooper, seconded by Councillor Neal That Report PSD-013-15 be received; That staff consider the public comments received in the further processing of the Zoning By-law Amendment application, submitted by Dr. R.J.C.G. Inc., to permit the construction of a three-storey, mixed-use building; and That all interested parties listed in Report PSD-013-15 and any delegations be advised of Council's decision. CARRIED Engineering Services Department There were no reports to be considered under this section of the Agenda. - 6 - 4-6 General Purpose and Administration Committee Minutes February 23, 2015 Councillor Partner chaired this portion of the meeting. Operations Department 2014 Winter Budget Report Resolution #GPA-074-15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report OPD-001-15 be received for information CARRIED Recess Resolution #GPA-075-15 Moved by Mayor Foster, seconded by Councillor Neal That the Committee recess for 45 minutes. CARRIED The meeting reconvened at 12:35 PM with Councillor Hooper chairing this portion of the meeting. Alter the Agenda Resolution #GPA-076-15 Moved by Mayor Foster, seconded by Councillor Partner That the agenda be altered to consider the Corporate Services portion of the Agenda at this time. CARRIED Mayor Foster chaired this portion of the meeting.. Corporate Services Department Joint Health and Safety Committee — 2014 Summary Resolution #GPA-077-15 i Moved by Councillor Partner, seconded by Councillor Cooke I i That Report COD-003-15 be received; and - 7 - i 4-7 i General Purpose and Administration Committee Minutes February 23, 2015 That Council endorse the updated Health and Safety Policy E-5 and Policy Statement H-13 attached to Report COD-003-15. CARRIED Emergency and Fire Services Department There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. Community Services Department Community Services — 2014 Year End Review Resolution #GPA-078-15 Moved by Councillor Cooke, seconded by Councillor Neal That Report CSD-001-15 be received for information. CARRIED Mayor Foster chaired this portion of the meeting. Clerk's Department Procedural By-law.and Related Policies — Improvement and Efficiency Amendments Resolution #GPA-079-15 Moved by Councillor Neal, seconded by Councillor Partner That Report CLD-006-15 be tabled until the General Purpose and Administration meeting of March 30, 2015. CARRIED - 8 - 4-8 i General Purpose and Administration Committee Minutes February 23, 2015 Appointments to Various Boards & Committees — 2015-2018 Alter the Agenda Resolution #GPA-080-15 Moved by Councillor Neal, seconded by Councillor Hooper That, in accordance with the "Council Appointments to Boards and Committees Policy", the Agenda be altered to move Report CLD-008-15, regarding Appointments to Various Boards & Committees — 2015-2018, to the end of the Agenda. CARRIED 2015 Volunteer Celebration Event Resolution #GPA-081-15 Moved by Councillor Woo, seconded by Councillor Hooper That Report CLD-009-15 be received for information. CARRIED Corporate Services Department This portion of the agenda was dealt with earlier in the meeting. Finance Department There were no reports to be considered under this section of the Agenda. Solicitor's Department The Solicitor's Department reports were considered under the Confidential Reports section of the Agenda, later in the meeting. Chief Administrative Officer There were no reports to be considered under this section of the Agenda. Unfinished Business There were no items to be considered under this section of the Agenda. 9 - 4-9 General Purpose and Administration Committee Minutes February 23, 2015 Other Business There were no items to be considered under this section of the Agenda. Communications There were no items considered under this section of the Agenda. Confidential Reports Closed Session Resolution #GPA-082-15 Moved by Councillor Neal, seconded by Councillor Partner That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Report LGL-004-15 regarding Clarington v. Waste Management of Canada, Claim for Royalties and a verbal report from the Municipal Solicitor regarding ZEP Wind Farm Ganaraska ERT Appeal, matters which deal with: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED Rise and Report The meeting resumed in open session at 2:09 PM with Mayor Foster in the Chair. Mayor Foster advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff regarding Clarington v. Waste Management of Canada, Claim for Royalties. The foregoing Resolution #GPA-082-15 was then put to a vote and carried. - 10 - 4-10 i General Purpose and Administration Committee Minutes February 23, 2015 Verbal Report—ZEP Wind Farm Ganaraska ERT Appeal Resolution #GPA-083-15 Moved by Councillor Woo, seconded by Councillor Partner That, given the outcome of the Manvers case, it is recommended Staff be directed to: • withdraw the ZEP Wind Farm appeal • negotiate a Road Users Agreement with Ganaraska Nominees Ltd. and the Region of Durham; and • report back to Council on the results of the negotiations. CARRIED Appointments to Various Boards & Committees — 2015-2018 Resolution #GPA-084-15 Moved by Councillor Neal, seconded by Councillor Woo That Report CLD-008-15 be received; That the Committee consider the applications for appointment to the various boards and committees, and that the vote be conducted to appoint the citizen and Council representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; That, Section 8 of the Terms of Reference for the Clarington Accessibility Advisory Committee be waived in order to allow the appointment of an applicant for a third term; That the Municipal Clerk's Department be authorized to advertise for any remaining vacancies; and i That all interested parties listed in Report CLD-008-15 and,any delegations be advised of Council's decision. CARRIED i 1 i 1 E - 11 - i' 4-11 General Purpose and Administration Committee Minutes February 23, 2015 Abandoned Cemeteries Board Resolution #GPA-085-15 Moved by Councillor Neal, seconded by Councillor Hooper That the following individuals be appointed to the Abandoned Cemeteries Board of Claringtoh for a term ending December 31, 2018 or until a successor is appointed: Angelique Ball John Bate Laura Suchan Todd Taylor Kim Vaneyk Council Representative: Councillor Hooper CARRIED Accessibility Advisory Committee Resolution #GPA-086-15 Moved by Councillor Woo, seconded by Councillor Partner That the following individuals be appointed to the Accessibility Advisory Committee of Clarington for a term ending December 31, 2018 or until a successor is appointed: Sally Barrie Shea-Lea Latchford Andre O'Bumsawin John Sturdy Jacquie Watchorn Council Representative: Councillor Partner CARRIED - 12 - 4-12 t- P General Purpose and Administration Committee Minutes February 23, 2015 I Agricultural Advisory Committee Councillor Partner was appointed to the Agricultural Advisory Committee of Clarington G in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy. f i Resolution #GPA-087-15 Moved by Councillor Neal, seconded by Councillor Cooke r That the following individuals be appointed to the Agricultural Advisory Committee of I Clarington for a two year term ending December 31, 2016 or a four year term ending December 31, 2018 or until a successor is appointed: Four Year Term: Tom Barrie John Cartwright Jennifer Knox Donald Rickard Ted Watson Henry Zekveld Two Year Term: Eric Bowman Les Caswell Brenda Metcalf WITHDRAWN ' I i i E - 13 - r 4-13 I i General Purpose and Administration Committee Minutes February 23, 2015 Resolution #GPA-088-15 Moved by Councillor Woo, seconded by Councillor Partner That the following individuals be appointed to the Agricultural Advisory Committee of Clarington for a two year term ending December 31, 2016 or a four year term ending December 31, 2018 or until a successor is appointed: Four Year Term: Tom Barrie Eric Bowman John Cartwright Jennifer Knox Donald Rickard Two Year Term: Les Caswell Brenda Metcalf Ted Watson Henry Zekveld CARRIED Committee of Adjustment The following appointments were made in accordance with the voting process.outlined in the Council Appointments to Boards and Committees Policy to the Committee of Adjustment for a term ending December 31, 2018 or until a successor is appointed: Paul Allore John Bate Andre O'Bumsawin Todd Taylor Jim Vinson Gord Wallace Ganaraska Forest Recreational User Committee Sharon Foster was appointed to the Ganaraska Forest Recreational User Committee in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy for a term ending December 31, 2015 to or until a successor is appointed. - 14 - 4-14 I General Purpose and Administration Committee Minutes February 23, 2015 Heritage Committee . r Resolution #GPA-089-15 Moved by Councillor Neal, seconded by Councillor Partner That the following individuals be appointed to the Heritage Committee of Clarington for a term ending December 31, 2018 or until a successor is appointed: Tracey Ali Steven Conway Joseph Earle Victor Suppan Todd Taylor Newcastle Village and District Historical Society Representatives: i Robert Malone j Myno Van Dyke (alternate) r Council Representative: Councillor Hooper CARRIED I Livestock Valuers The following appointments were made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy for the Livestock Valuers for a term ending December 31, 2018 or until a successor is appointed: E Brad Found I Arnot R. Wotten Sr. I l f' r I' - 15 - 4-15 1: 1 General Purpose and Administration Committee Minutes February 23, 2015 Museums and Archives Board Resolution #GPA-090-15 Moved by Councillor Neal, seconded by Councillor Partner That the following individuals be appointed to the Museums and Archives Board of Clarington for a term ending December 31, 2018 or until a successor is appointed: Olinda Casimiro Marilyn Morawetz Bonnie Seto John Sturdy Council Representative: Councillor Cooke Council Representative: Councillor Woo CARRIED Resolution #GPA-091-15 Moved by Councillor Neal, seconded by Councillor Woo That Susan Laing be appointed as the Friends of the Museum Representative to the Museum and Archives Board of Clarington for a term ending December 31, 2018 or until a successor is appointed. CARRIED Newcastle Arena Board The following appointments were made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy to the Newcastle Arena ` Board for a term ending December 31, 2018 or until a successor is appointed: Gord Blaker Shea-Lea Latchford Gordon Lee Carol Little Gary Oliver Jay Summers Susan White - 16 - 4-16 4 I I General Purpose and Administration Committee Minutes February 23, 2015 i Resolution #GPA-092-15 Moved by Councillor Neal, seconded by Councillor Cooke That the following Council Representatives be appointed to the Newcastle Arena Board of Clarington for a term ending December 31, 2018 or until a successor is appointed: Council Representative: Councillor Partner Council Representative: Councillor Woo CARRIED Orono Arena Community Centre Board Resolution #GPA-093-15 I Moved by Councillor Neal, seconded by Councillor Cooke That the following individuals be appointed to the Newcastle Arena Board of Clarington for a term ending December 31, 2018 or until a successor is appointed: i Jackie Moore Council Representative: Councillor Partner I Council Representative: Councillor Woo CARRIED Pound Keeper I Resolution #GPA-094-15 Moved-by Councillor Cooke, seconded by Councillor Woo That Arnot R. Wotten Sr. be appointed as the Pound Keeper of Clarington for a term ending December 31, 2018 or until a successor is/appointed. CARRIED Nancy Taylor left the meeting at 3:11 PM. Lori Gordon arrived at 3:11 PM. l - 17 - C 4-17 r General Purpose and Administration Committee Minutes February 23, 2015 Property Standards Committee Resolution #GPA-095-15 Moved by Councillor Neal, seconded by Councillor Hooper That the following individuals be appointed to the Property Standards Committee of Clarington for a term ending December 31, 2018 or until a successor is appointed: Patricia Brazeau Todd Taylor Anthony B. Wood CARRIED Public Library Board The following appointments were made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy to the Public Library Board of Clarington for a term ending December31, 2018 or until a successor is appointed: Brenda Carrigan Kerri Davis Terri Gray Judy Hagerman Gail Rickard Jacob Vander Schee Sarah White Resolution #GPA-096-15 Moved by Councillor Neal, seconded by Councillor Cooke That the following Council Representatives be appointed to the Public Library Board of Clarington. Council Representative: Councillor Hooper Council Representative: Councillor Neal CARRIED - 18 - 4-1 8 ii General Purpose and Administration Committee Minutes February 23, 2015 Samuel Wilmot Nature Area Management Advisory Committee Moved by Councillor Cooke, seconded by Councillor Woo That Councillor Traill be appointed as the Council Representative for the Samuel Wilmot Nature Area Management Advisory Committee for a term ending December 31, 2018 or until a successor is appointed. CARRIED Resolution #GPA-097-15 Moved by Councillor Hooper, seconded by Councillor Partner That the following individuals be appointed to the Samuel Wilmot Nature Area Management Advisory Committee of Clarington for a term ending December 31, 2018 or until a successor is appointed: Michael Apt Leo Blindenbach Patrick Bothwell Jim Cleland Suzanne Land Melanie McArthur Kate Potter (LATE) Brian Reid ;and That the Municipal Clerk's Department advertise for additional appointment to the Samuel Wilmot Nature Area Management Advisory Committee. CARRIED i I i i I - 19 - 4-19 General Purpose and Administration Committee Minutes February 23, 2015 Solina Hall Board Resolution #GPA-098-15 Moved by Councillor Hooper, seconded by Councillor Woo That the following individuals be appointed to the Solina Hall Board for a term ending December 31, 2018 or until a successor is appointed: Jennifer Bowman Herb Tink Ron Whitbread Bev Whitbread Karen Dair Council Representative: Councillor Cooke Council Representative: Councillor Neal CARRIED Tyrone Hall Board Resolution #GPA-099-15 Moved by Councillor Cooke, seconded by Councillor Partner That the following Council Representatives be appointed to the Tyrone Hall Board: Councillor Trail] Councillor Woo CARRIED Bethesda House Resolution #GPA-100-15 Moved by Councillor Partner, seconded by Councillor Cooke That Councillor Traill be appointed as the Council Representative to the Bethesda House. CARRIED - 20 - 4-20 General Purpose and Administration Committee Minutes February 23, 2015 Bowmanville CIP .Resolution #GPA-101-15 Moved by Councillor Woo, seconded by Councillor Partner That Councillor Hooper be appointed as the Council Representative to the Bowmanville CIP. CARRIED Bowmanville Santa Claus Parade Committee Resolution #GPA-102-15 Moved by Councillor Partner, seconded by Councillor Woo That Councillor Hooper be appointed as the Council Representative to the Bowmanville Santa Claus Parade Committee. CARRIED Clarington Older Adult Centre Board Resolution #GPA-103-15 Moved by Councillor Woo, seconded by Councillor Cooke i That the current Council representatives to the Clarington Older Adult Centre Board, Mayor Foster and Councillor Hooper, remain in place until further notice. CARRIED i Darlington Nuclear Community Advisory Committee i Resolution #GPA-104-15 Moved by Councillor Partner, seconded by Councillor Hooper That the following Council representatives be appointed to the Darlington Nuclear Community Advisory Committee. Councillor Neal Councillor Cooke CARRIED - 21 - 4 4-21 General Purpose and Administration Committee Minutes February 23, 2015 Friends of Second Marsh Resolution #GPA-105-15 Moved by Councillor Neal, seconded by Councillor Partner That Councillor Cooke be appointed as the Council representative to the Friends of Second Marsh. CARRIED Hampton Hall Board Resolution #GPA-106-15 Moved by Councillor Hooper, seconded by Councillor Woo Whereas it is not a requirement to appoint a Council representative to the Hampton Hall Board now therefore be it resolved that the Municipality of Clarington discontinue the practice of appointing a Council representative to the Hampton Hall Board. CARRIED Newcastle BIA Resolution #GPA-107-15 Moved by Councillor Partner, seconded by Councillor Neal That Councillor Partner be appointed as the Council representative to the Newcastle BIA. CARRIED Newcastle Village CIP Resolution #GPA-108-15 Moved by Councillor Partner, seconded by Councillor Neal That Councillor Woo be appointed as the Council representative to the Newcastle Village CIP. CARRIED - 22 - 4-22 r i General Purpose and Administration Committee Minutes February 23, 2015 I Newcastle Village Community Hall Board Resolution #GPA-109-15 i Moved by Councillor Neal, seconded by Councillor Hooper i That the following Council representatives be appointed to the Newcastle Village Community Hall Board: I Councillor Partner Councillor Woo CARRIED Orono BIA, Orono Cemetery Board, Orono CIP Resolution #GPA-110-15 Moved by Councillor Neal, seconded by Councillor Cooke That Councillor Partner be appointed as Council representative to the following: Orono BIA Orono Cemetery Board Orono CIP CARRIED i St. Mary's Cement Community Relations Committee Resolution #GPA-111-15 r Moved by Councillor Partner, seconded by Councillor Hooper That Councillor Woo be appointed as the Council representative to the St. Mary's Cement Community Relations Committee. CARRIED i L i r - 23 - I 4-23 I General Purpose and Administration Committee Minutes February 23, 2015 Visual Arts Centre Resolution #GPA-112-15 Moved by Councillor Partner, seconded by Councillor Woo That Councillor Cooke be appointed as the Council representative to the Visual Arts Centre. CARRIED Youth Advisory Committee Resolution #GPA-113-15 Moved by Councillor Partner, seconded by Councillor Hooper Whereas it is not a requirement to appoint a Council representative to the Youth Advisory Committee; and Now therefore be it resolved that the Municipality of Clarington discontinue the practice of appointing a Council representative to the Youth Advisory Committee. CARRIED Adjournment Resolution #GPA-114-15 Moved by Councillor Partner, seconded by Councillor Woo That the meeting adjourn at 3:39 PM. CARRIED MAYOR DEPUTY CLERK - 24 - 4-24 i Clarington Special General Purpose and Administration Committee Minutes February 27, 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 Special General Purpose and Administration Committee held on Monday, February 27, 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 Councillor C. Traill 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 Deputy Treasurer, L. Gordon Municipal Clerk, A. Greentree 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 j Deputy Clerk, J. Gallagher j Committee Coordinator, M. Chambers I Mayor Foster chaired this portion of the meeting. Disclosures of Pecuniary Interest There were no disclosures of pecuniary interest stated at this meeting. j I i i 4-25 Special General Purpose and Administration Committee Minutes February 27, 2015 Delegations Delegation of Gail Rickard, Chair, and Linda Kent, Library Director, Clarington Public Library, Regarding the 2015 Budget Gail Rickard, Chair, and Linda Kent, Library Director, Clarington Public Library addressed the Committee regarding their 2015 budget request, with a verbal presentation to accompany an electronic presentation. Ms. Rickard introduced other members of the Library Board who were in the audience. She outlined the 2015 budget request from the Library Board, which includes an increase of 2.37% over 2014 for a total request of$2,892,478. Ms. Rickard noted that the per capita library costs are the lowest of all the comparative municipalities based on the Municipal Performance Measurement Program for 2013. She added that 2014 has been the most successful year to date and the library has had.a 97.8% increase in growth, with 1.4 million visits. Ms. Rickard noted that, over the past five years, there has been an increase in library and website visits. She explained the Web App and added that the Web App accounted for 18% of the yearly visits. Ms. Rickard noted that there has been an increase in eCirculations, program attendance, new partnerships, and eResource usage. Ms. Rickard continued by highlighting the library's special events, community engagement, core services, and the Courtice branch expansion. Ms. Rickard shared a video clip from a program offered through the library. She concluded by highlighting some of the community partners of the library and advised the Committee that Linda Kent was present to answer questions. Delegation of Chris Newman, Coordinator, Firehouse Youth, and Judy Gales, Manager, Community and Youth Justice Services, Regarding the 2015 Budget Chris Newman, Coordinator, Firehouse Youth, was present regarding their 2015 budget request with a verbal presentation to accompany an electronic presentation. Mr. Newman highlighted the Firehouse Youth successes for 2014 including an increase in youth attendance, new partnerships, new programs, and proactive involvement in the community. He continued by thanking all of the their community partners, with a special thank you to the Visual Arts Cent and the Clarington Older Adults Centre, who have both collaborated with them for various programs. Mr. Newman provided a listing of annual fundraising events held in 2014. He provided the Committee with statistics on usage which included 326 serviced youth clients and a total of 3,365 visits in 2014. Mr. Newman reminded the Committee of the 2015 events and fundraisers. He highlighted some of the new initiatives and programs for 2015 that include: Youth Week, Run for Me Run for Us, Youth Safety, Music Madness, and the Bowmanville High School After School initiative. - 2 - 4-26 Special General Purpose and Administration Committee Minutes February 27, 2015 Suspend the Rules Resolution #GPA-115-15 Moved by Councillor Woo, seconded by Councillor Partner Resolution #GPA-116-15 That the rules be suspended to allow Chris Newman to speak for an additional three minutes. CARRIED Mr. Newman concluded by noting that the 2015 municipal budget request includes a $2,200 increase and that this is the first increase request since 2012 and constitutes approximately $.65 increase per visit. He added that this will assist with the increase in the cost of programing. He added that they are assisting in offsetting this increase by increased fundraising in 2015. Delegation of Craig Ryan, Board President, and James Campbell, Executive Director/Curator, Visual Arts Centre Of Clarington, Regarding The 2015 Budget James Campbell, Executive Director/Curator, Visual Arts Centre (VAC) of Clarington, was present regarding their 2015 budget request. Mr. Campbell thanked the Municipal staff for their support on various projects. Ms. Campbell highlighted some of the events at the VAC which included: the Old Mill, Local Shows that celebrate local art, the high school art show, 100 Small Painting Show, Juried Art Show, and curated exhibitions. He provided an overview of the Strategic Plan for 2015 to 2018 and Slate Magazine, which features an artist opening an exhibit at the VAC. Mr. Campbell noted that the educational programming is always increasing and acknowledged the VAC program coordinator. He added that two grants have enabled the VAC to hire two secondary students to teach programs. Mr. Campbell highlighted the collaborations with community groups and the 2014 events and programs. Mr. Campbell noted the Strategic Plan that was provided to Council for review. Mr. Campbell advised the Committee that the 2015 municipal budget request includes a 2% increase of approximately $4000. He explained that the VAC has built up a reserve fund of approximately $55,000 from various events and donations. Mr. Campbell concluded by noting that although there are many ways that they could use the reserve funds immediately they are resisting using the funds and hope to continue to have it increase. Delegation of Michael Adams, Executive Director, Clarington Museums & Archives, Regarding the 2015 Budget Michael Adams, Executive Director, Clarington Museums &Archives, was present regarding their 2015 budget request, with a verbal presentation to accompany an electronic presentation. Mr. Adams noted that he is the new Executive Director to the - 3 4-27 Special General Purpose and Administration Committee Minutes February 27, 2015 Museum. He continued by giving an overview of how the museum operates, how they are supported financially, what they do within the Municipality, and the Mission and Vision for the Museum. Mr. Adams noted that the 2015 municipal budget request includes a 2.5% increase for a total request of$277,101. He added 2015 Community Museum Operating Grant planning is already in the works. Mr. Adams highlighted the exhibits and events, and the programs and outreach to the community. He reviewed the targets for 2015, management priorities, and the community collaborations, and the sponsorship and educations program opportunities for 2015. He concluded by thanking members of Council and municipal staff. Delegation of Sally Barrie, Administrator— Home Support, Community Care Durham, Regarding the 2015 Budget Sally Barrie, Administrator— Home Support, Community Care Durham (CCD), was present regarding their 2015 budget request, with a verbal presentation to accompany an electronic presentation. Ms. Barrie introduced other members of the CCD who were in the audience. She gave a brief overview of CCD including what their goals and objectives are. Ms. Barrie noted the approximate funding support from both the Municipality and from the community. She explained some of the types of services which CCD delivers and specifically the programs offered in Clarington. Ms. Barrie provided an overview of some statistics regarding the participants and volunteers involved in the programs and services offered. Ms. Barrie noted that the hundreds of volunteers (whose service hours value at approximately $675,000 per year) help to deliver the services. She added that CCD has many community partnerships that contribute to the success of the programs and services offered. Ms. Barrie concluded by thanking Council and staff for their continued support of the CCD. Delegation of Cathie Ward, President, Clarington Older Adult Centre Board, and Angie Darlison, Executive Director, Clarington Older Adult Centre, Regarding the 2015 Budget Angie Darlison, Executive Director, Clarington Older Adult Centre (COAA), was present regarding their 2015 budget request, with a verbal presentation to accompany an electronic presentation. She noted the main objective of the COAA is to promote health and happiness within Clarington. Ms. Darlison provided the Committee with a comparison of membership numbers from 1998 to 2014, and statistics on visits to the Clarington Beech Centre. She added that the growth and memberships are continuously increasing and listed some of the key daily, weekly, and monthly programs and events. Ms. Darlinson reviewed the 2015 budget request of$.310,000 and reviewed the 2014 financials of the COAA. She added that all funds provided by the Municipality are received with a promise to serve the members of the community. Ms. Darlinson noted the fundraising goals of the COAA have increased by approximately $28,000 and that the COAA Board and Staff work hard at providing quality programing for the residents of Clarington. Ms. Darlison explained that volunteers are very - 4 - 4-28 Special General Purpose and Administration Committee Minutes February 27, 2015 important to the COAA and noted that the COAA has 232 registered volunteers (whose service hours value at approximately $357,000 per year). She concluded her presentation by noting that, as promised to Council last year, they have expanded their service sites to all areas of Clarington and not just the "Beech". Ms. Darlinson added that the COAA strives to provide fiscally responsible, caring and offer community programs for the residents of Clarington. Recess Resolution #GPA-117-15 Moved by Councillor Woo, seconded by Councillor Partner That the Committee recess for 15 minutes. CARRIED The meeting reconvened at 11:25 AM. Presentations Presentation of Nancy Taylor, Director of Finance/Treasurer— 2015 Municipal Budget Nancy Taylor, Director of Finance/Treasurer made a verbal and electronic presentation regarding the 2015 Draft Municipal Budget. Ms. Taylor discussed charts regarding the following topics: • An increase on an average house (valued at $285,800) is approximately $11.85 per each 1% • Financial indicators: o Average household income in Clarington (high) o Net municipal levy per capita comparison with selected municipalities o Net municipal levy per capita comparison showing Clarington trends o Property taxes as a percentage of income o How each $100 of Clarington Local Levy is utilized in a 2015 Budget o Budget Deliverables o 2015 BMA Statistics • 2015 Budget Overview with a proposed 2.95% increase after growth has been applied at 1.78%, including external agencies, without options. 1% is approximately $454,000 • Looking forward to 2016 • Budget Impact Summary - 5 - 4-29 i Special General Purpose and Administration Committee Minutes February 27, 2015 Finance Department 2015 Current and Capital Budget Resolution #GPA-118-15 Moved by Councillor Hooper, seconded by Councillor Partner That Report FND-003-15 be received; That Council approve the 2015 Operating and Capital budget as outlined in Schedule "A", at an estimated tax levy impact of 2.65% (exclusive of tax policy impacts), as directed in FND-003-15; That Council provide direction on the items listed as Priority "B" for consideration, as itemized in Schedule "B"; That Council provide direction on,the grants for external agencies per their requests itemized in Schedule "C", at an estimated tax levy impact of 0.30%; That Schedules "D", "E" and "F" outlining Reserve and Reserve Fund Contributions and new Reserve/Reserve Funds be approved; That approximately $800,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; That Council approve the transfer of$1 million to the Fire Equipment Reserve Fund and $1 million to the Operations Fleet Reserve Fund from the Rate Stabilization Reserve Fund; That the financing of Capital projects, as outlined in the documents attached to Report FND-003-15 be approved; That the external agencies, referred to in Schedule "C" be advised of Council's decision regarding their grant request; That Council authorize the Mayor's Golf Tournament to take place for 2015 to 2018, at no cost to the tax base with the net proceeds from the Mayor's Golf Tournament to be directed to Big Brothers and Sisters of Clarington (2015), Clarington Museums (2016), the Clarington Project of Oshawa/Clarington Community Living (2017) and the Bowmanville Hospital Association (2018); - 6 - 4-30 i I f Special General Purpose and Administration Committee Minutes February 27, 2015 That any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest as cash flow permits; i That Lennis Trotter and Mike Chesson be advised of Council's decision with respect to their request for funding support for the Children's Safety Village; r I That Report FND-003-15 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; and That the appropriate By-laws to levy the 2015 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-119-15 'Moved by Councillor Woo, seconded by Councillor Partner That item #8 of Schedule of"B", Proposed New Staff with and annual cost of $335,000 with hiring date as of September 1, 2015 with a total 2015 tax levy impact to be $130,333 be approved. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-120-15 % Moved by Councillor Traill, seconded by Councillor Neal That each of the staffing positions in Section 4 of Report FND-004-15 be divided and considered separately. MOTION WITHDRAWN - 7 - 4-31 Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution #GPA-121-15 Moved by Councillor Traill, seconded by Councillor Hooper That the foregoing Resolution GPA-119-15 be amended to add the following: "That the Senior Planning 2 position (3 year contract for the zoning by-law), be approved with an annual cost of$90,000, with the hiring start date of October 1, 2015, and be funded from a reserve fund at the discretion of the Treasurer." CARRIED Resolution #GPA-122-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the foregoing Resolution #GPA-119-15 be amended to insert the following at the end: "except for the student positions which will begin or about May 1, 2015." CARRIED Resolution #GPA-123-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA-119-15 be amended to reduce the annual cost from $335,000 to $50,000 excluding the student positions. MOTION LOST The foregoing Resolution #GPA-119-15 was then put to a vote and carried as amended. Resolution #GPA-124-15 Moved by Councillor Traill, seconded by Councillor Cooke That Item #4 of Schedule "B", Planning Capital Tax Levy Increase to Land Acquisition, in the amount of$74, 000 be approved and funded from through the rate stabilization fund; That Item #15 of Schedule "B", Bldg Maint—Annual Envelope Improvement, in the amount of$10, 000 be approved and funded from the 2015 tax levy; and - 8 - 4-32 Special General Purpose and Administration Committee Minutes February 27, 2015 I That Item #21 of Schedule "B", CIP, in the amount of$9,000 be approved and funded from the 2015 tax levy. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) c Resolution #GPA-125-15 i Moved Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA-124-15, being Items #4, #15, and #21, of Schedule � "B" be divided and considered separately. CARRIED I That Item #4, of Schedule "B, Planning Capital, in the amount of$74,000 be approved and funded through the rate stabilization fund, was then put to a vote and the motion lost. That Item #15 of Schedule "B", Bldg Maintenance —Annual Envelope Improvements, be approved in the amount of$10,000, and funded through the 2015 tax levy, was then put to a vote and carried. That Item #21 of Schedule 'B", CIP Programs, be approved in the amount of$9,000, and funded through the 2015 tax levy, was then put to a vote and carried. Resolution #GPA-126-15 Moved by Councillor Partner, seconded by Councillor Cooke Whereas the Municipality of Clarington has been advised that it will receive $463,428.61 as an interim payment from the Ontario Ice Storm Assistance Program; Now therefore be it resolved that Items #5, #6 and #7 of Schedule "B" to Report FND-003-15, totalling $75,000 pertaining to transfers to reserve funds in service areas impacted by-the ice storm, be funded from the interim payment; That Items #17, #18, #1-9 of Schedule "B", totalling $25,000 pertaining to trees, be funded from the interim payment; That Item #3 of Schedule "B", additional rural road resurfacing, be approved in a one time amount of$100,000 funded from the interim payment; - 9 - 4-33 Special General Purpose and Administration Committee Minutes February 27, 2015 That the balance of the interim payment from the Ice Storm Assistance Program be transferred to the operations fleet reserve fund for $200,000 and the Fire Fleet Reserve Fund for $63,428.61 to reflect the extensive wear and tear on these fleet vehicles in addressing the ice storm response and cleanup. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Recess Resolution #GPA-127-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the Committee recess for 15 minutes. CARRIED The meeting reconvened at 1:01 PM. 2015 Current and Capital Budget Continued Resolution #GPA-128-15 Moved by Councillor Neal, seconded by Councillor Partner That the foregoing Resolution #GPA-126-15 be amended by adding the following to the end of the second last paragraph: "That an additional $100,000 be approved and funded through the 2015 tax levy." MOTION LOST Resolution #GPA-129-15 Moved by Councillor Traill, seconded by Councillor Hooper That the foregoing Resolution #GPA-126-15 be amended by adding the following to the end of the second last paragraph: "and a one-time amount of$100,000 be approved and funded through the Rate Stabilization Fund;" CARRIED The foregoing Resolution #GPA-126-15 was then put to a vote and carried as amended. - 10 - 4-34 i Special General Purpose and Administration Committee Minutes February 27, 2015 i Resolution #GPA-130-15 Moved by Councillor Hooper, seconded by Councillor Cooke That Item #1 of Schedule "B", Electronic Agendas (Hardware and Software) in the amount of$42,000 be approved and funded through the Impact Escrow Account Fund. CARRIED Resolution #GPA-131-15 i Moved by Councillor Cooke, seconded by Councillor Hooper That Items #2, #10, #1.1 and 12 of Schedule "B" be included in the 2015 budget. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-132-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA-131-15, being Items #2, #10, #11 and #12, of Schedule "B", be divided to considered separately. MOTION WITHDRAWN Resolution #GPA-133-15 Moved by Councillor Traill, seconded by Councillor Cooke That the foregoing Resolution #GPA-131-15, being Items #2, #10, #11 and #12, of Schedule "B", be divided to consider each Item on a separate vote. CARRIED The following was before Committee: "That Item #2 of Schedule "B", ESD — Diesel Vehicle Exhaust System Upgrade in the amount of$50,000 be approved." - 11 - 4-35 Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution #GPA-134-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the foregoing Resolution #GPA-131-15 be amended to add the following to the end of Item #2: "and be funded from Fire Equipment Reserve Fund." The portion of Resolution #GPA-131-15 dealing with Item #2 was then put to a vote and carried as amended. The following was before the Committee: "That Item #10 of Schedule "B", ESD — Station 1 kitchen and various improvements in $10,000." Resolution #GPA-135-15 Moved by Councillor Partner, seconded by Councillor Trail That the foregoing resolution #GPA-131-15 be amended to add the following at the end: "and be funded through the Fire Equipment Reserve Fund." The portion of Resolution #GPA-131-15 dealing with Item #10 was then put to a vote and carried as amended. That Item #.11 of Schedule "B", ESD-training supplies, be approved in the amount of $5000 and funded from the 2015 tax levy. That Item #12 from Schedule "B", P/T Firefighter Training Pay Increase be approved in the amount of$60,000 and funded from the 2015 tax levy. CARRIED Resolution #GPA-136-15 Moved by Councillor Woo, seconded by Councillor Hooper That Item #22 of Schedule "B", Children's Safety Village Grant be approved in the amount of$15,000, and funded from the 2015 tax levy. MOTION LOST - 12 - 4-36 Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution #GPA-137-15 Moved by Councillor Partner, seconded by Councillor Hooper That Item #9 of Schedule "B", Clerk's Office Furniture, be approved in the amount of $5000 and funded through the 2015 tax levy. MOTION LOST Resolution #GPA-138-15 Moved by Councillor Hooper, seconded by Councillor Partner That Item #20 of Schedule "B", Priority Green, be approved in the amount of$12,000 and funded through external contributions. CARRIED Resolution #GPA-139-15 Moved by Councillor Woo, seconded by Councillor Partner That Item #13 of Schedule "B", ENG — Streetlight Inventory and Design Review, be approved in the amount of$25,000 and funded through the 2015 tax levy. MOTION WITHDRAWN LATER IN THE MEETING (See following motion) Recess Resolution #GPA-140-15 Moved by Councillor Neal, seconded by Councillor Partner That the Committee recess for 10 minutes. CARRIED The meeting reconvened at 2:03 PM. The foregoing Resolution #GPA-139-15 was then withdrawn by the mover. - 13 - 4-37 Special General Purpose and Administration Committee Minutes February 27, 2015 2015 Current and Capital Budget— Continued Resolution #GPA-141-15 Moved by Councillor Woo, seconded by Councillor Traill That Item #13 of Schedule "B", ENG — Streetlight Inventory and Design Review, be approved in the amount of$50,000 and funded through the 2015 tax levy. CARRIED Resolution #GPA-142-15 Moved by Councillor Partner, seconded by Councillor Woo That Item #16 of Schedule "B", Bldg Maint— ES1 Controls, be approved in the amount of$5000 and funded by the 2015 tax levy. CARRIED Resolution #GPA-143-15 Moved by Councillor Hooper, seconded by Councillor Neal That Community Care 2015 Budget Request as outlined in Schedule "C" be approved in the amount of$29,532. CARRIED Resolution #GPA-144-15 , Moved by Councillor Hooper, seconded by Councillor Partner That the 2015 Budget Request from the Clarington Older Adult Centre, in the amount of $310,000 be approved, with the additional increase portion over the 2014 approved budget in the amount of$55,000 to be held back by the Municipality until such time as the Older Adult Community Strategy has been addressed by Council. CARRIED LATER IN THE MEETING (See following motion) Resolution #GPA-145-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA-144-15 be amended to reduce the hold back from $55,000 to $50,000. MOTION LOST The foregoing Resolution #GPA 7144=15 was put to a vote and carried. - 14 - 4-38 t E Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution #GPA-146-15 Moved by Councillor Neal, seconded by Councillor Hooper That the Clarington Public Board 2015 Budget Request be approved in the amount of $2,892,478. CARRIED Resolution #GPA-147-15 Moved by Councillor Neal, seconded by Councillor Woo That the Clarington Museum 2015 Budget Request be approved in the amount of $277,101. CARRIED Resolution #GPA-148-15 Moved by Councillor Woo, seconded by Councillor Hooper That the Visual Arts Centre 2015 Budget Request be approved in the amount of $202,661. CARRIED Resolution #GPA-149-15 Moved by Councillor Partner, seconded by Councillor Woo I That the Newcastle Community Hall Board 2015 Budget Request approved in the amount of$18,000. CARRIED Resolution #GPA-150-15 Moved by Councillor Partner, seconded by Councillor Woo That Orono Cemetery Board 2015 Budget Request be approved in the amount of $10,000. CARRIED i - 15 - 4-39 Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution #GPA-151-15 Moved by Councillor Hooper, seconded by Councillor Neal That the Firehouse Youth 2015 Budget Request be approved in the amount of$57,200. CARRIED Resolution #GPA-152-15 Moved by Councillor Woo, seconded by Councillor Traill That Item #51 of Schedule "A", Proposed New Staff-Accessibility for Ontarians with Disabilities Act Co-ordinator (H&S also) be reduced from $65,000 to $38,000 with a May 1, 2015 start date and funded from the 2015 tax levy. MOTION WITHDRAWN Resolution #GPA-153-15 Moved by Councillor Woo, seconded by Councillor Hooper That Item #51 of Schedule "A", Proposed New Staff-Accessibility for Ontarians with Disabilities Act Co-ordinator (H&S also) be approved as recommended by Staff, and funded from the 2015 tax levy. CARRIED Resolution #GPA-154-15 Moved by Councillor Traill, seconded by Councillor Cooke That Item #74 of Schedule "A", PanAm Games in the amount of$10,000 be deleted. CARRIED Resolution #GPA-155-15 Moved by Councillor Partner, seconded by Councillor Neal That Account #100-28-130-00000-7132 - EMS Admin Phone/Fax as stated on Page 63 of the draft budget binder, be reduced from $70,000 to $55,000. MOTION WITHDRAWN - 16 - 4-40 I t i Special General Purpose and Administration Committee Minutes February 27, 2015 i I Resolution #GPA-156-15 j Moved by Councillor Partner, seconded by Councillor Cooke i That the EMS Admin Phone/Fax budget as stated on Page 63 of the draft budget binder, Account#100-28-130-00000-7132, be reduced by $15,000, from $70,000 to $55,000, with $10,000 being reallocated to emergency related grants administered through the Fire Administration budget section. CARRIED Resolution #GPA-157-15 Moved by Councillor Neal, seconded by Councillor Traill That the Oper. Grant— Unallocated as stated on Page 125 of the draft budget binder, Account#100-42-473-20999-7600, be reduced from $100,000 to $75,000. MOTION LOST Resolution #GPA-158-15 Moved by Councillor Hooper, seconded by Councillor Partner That Item #75 of Schedule "A", the New Years Eve Event be increased to $4000 for Community Events with no less than $2000 being spent on the New Year's Eve Event. CARRIED Resolution #GPA-159-15 Moved by Councillor Partner, seconded by Councillor Hooper That the Clerk's - Livestock Expense as stated on page 45 of the draft budget binder, Account#100-19-130-0000-7242, be reduced by $10,000 from $30,000 to $20,000. CARRIED Resolution #GPA-160-15 Moved by Councillor Neal, seconded by Councillor Traill That the Comm/Tour— Printing expense as stated on page 37 of the draft budget binder, Account#100-16-161-00000-7188, be reduced from $117,025 to $100,000. MOTION LOST E I - 17 - 4-41 Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution.#GPA-161-15 Moved by,Councillor Hooper, seconded by Councillor Woo That the expense, H/R — Bank S/C Other, as stated on page 36 of the draft budget binder, Account 100-16-160-00000-7303, be reduced from $74,725 to $65,000. CARRIED Resolution #GPA-162-15 Moved by Councillor Woo, seconded by Councillor Hooper That Item#45, CLD-Increased Tax Levy to Capital (the Municipal Law Enforcement Vehicle to replace the 2005 Pontiac Pursuit, Project#19-191-14001), be deleted from the 2015 budget and deferred to the 2016 budget. CARRIED Resolution #GPA-163-15 Moved by Councillor Partner, seconded by Councillor Hooper That Capital Project 32-325-15107, Newcastle Leash Free Park, in the amount of $105,000, be deleted; and That $105,000 be allocated to fund the construction of the Clarington Fields Washroom Facilities. MOTION WITHDRAWN Resolution #GPA-164-15 Moved by Councillor Neal, seconded by Councillor Traill That the expense of Comm/Tour— Corp Adv't as stated on page 37 of the draft budget binder, Account#100-16-161-00000-7189, be reduced from $185,850 to $150,000. MOTION LOST Resolution #GPA-165-15 Moved by Councillor Neal, seconded by Councillor Trail[ That the following budget line item accounts be amended as follows: That the expense of Comm/Tour— Internl Branding P as stated on page 37 of the draft budget binder Account# 100-16-161-00000-7190 be reduced from $5000 to $1000. - 18 - 4-42 i i I i Special General Purpose and Administration Committee Minutes February 27, 2015 That the expense of Comm/Tour—Tourm Matl Distr as stated on page 37 of the draft budget binder, Account 100-16-161-00000-7198, be reduced from $6500 to $1000. That the expense of Comm/Tour—Travel Expense as stated on page 37 of the draft budget binder, Acccount#100-16-161-00000-7202, be reduced from $6000 to $2500. i That the expense of Comm/Tour — Staff Development as stated on page 37 of the draft budget binder, Account#100-16-161-00000-7203, be reduced from $6500 to $3500. MOTION LOST Resolution #GPA-166-15 Moved by Councillor Hooper, seconded by Councillor Woo That the expense of Building Hall Board — Special Equipment as stated on page 93 of the draft budget binder, Account#100-36-370=10195-7204, be reduced by $10,000 from $28,600 to $18,600. CARRIED Resolution #GPA-167-15 Moved by Councillor Woo, seconded by Councillor Traill That the expense of Info Tech — H/W Mtnce Contract as stated on page 39 of the draft budget binder, Account#100-16-162-00000-7146, be reduced from $55,000 to $45,000. CARRIED Recess Resolution #GPA-168-15 Moved by Councillor Partner, seconded by Councillor Traill That the Committee recess for 10 minutes. CARRIED i The meeting reconvened at 4:37 PM. j Resolution #GPA-169-15 j Moved by Councillor Traill, seconded by Councillor Neal That funds be set aside from the Rate Stabilization Fund in the amount of$85,000 to hire four full time fire fighters, projected for 2016, to be hired in the fourth quarter of 2016, as per the Master Fire Plan. MOTION LOST - 19 - 4-43 Special General Purpose and Administration Committee Minutes February 27, 2015 Resolution #GPA-170-15 Moved by Councillor Partner, seconded by Councillor Woo That Item #14 of Schedule "B", Bldg Maint— Station 5 Bay Doors, Preventative Maintenance for Overhead doors be approved in the amount of$10,000, and funded through the 2015 tax levy. CARRIED Resolution #GPA-171-15 Moved by Councillor Neal, seconded by Councillor Traill That the expense of Info Tech — SM Mtnce Contract as stated on page 39 of the draft budget binder, Account#100-16-162-00000-7148, be reduced from $250,000 to $225,000. CARRIED Resolution #GPA-172-15 Moved by Councillor Neal, seconded by Councillor Traill That the expense of Info Tech —Staff Development as stated on page 39 of the draft budget binder, Account#100-16-162-00000-7203, be reduced from $7,500 to $3,000. MOTION LOST Resolution #GPA-173-15 Moved by Councillor Hooper, seconded by Councillor Partner That $175,000 per annum, from the 2015 tax levy, be transferred to a reserve fund for the creation of washroom facilities at Clarington Fields. MOTION LOST Resolution #GPA-174-15 Moved by Councillor Hooper, seconded by Councillor Partner That $150,000 per annum, from the 2015 tax levy, be transferred to a reserve fund for the creation of washroom facilities at Clarington Fields. CARRIED The foregoing Resolution #GPA-118-15 was then put to a vote and carried. - 20 - 4-44 I Special General Purpose and Administration Committee Minutes i February 27, 2015 Unfinished Business There were no items to be considered under this section of the.Agenda. Adjournment Resolution #GPA-175-15 Moved by Councillor Partner, seconded by Councillor Hooper That the meeting adjourn at 5:28 PM. CARRIED MAYOR DEPUTY CLERK i i r I F - 21 - 4-45 PUBLIC MEETING 19ffi# REPORT PSD-014-15 AVERTON GROUP NOTICE OF PUBLIC INFORMATION CENTRE NOTICE OF PUBLIC MEETING In August 1996,the Municipality of Clarington approved a plan of subdivision for 192 residential Units and rezoning for lands identified on the map shown on the reverse. Council is seeking public comments on a proposed it has received to amend the original approval before making a decision. Applicant: Averton Group Revised proposal: 146 residential units consisting of 119 single detached dwellings,6 semi—link units,21 townhouse units and a Future Development Block.-The proposed rezoning would permit dwellings to be built with increased*lot coverage and_ reduced setbacks in the front,interior and exterior side yards,consistent with current zone regulations. Property: West side of Mearns Avenue,.south of Canadian Pacific Railway,being Part Lot 9, Concession'2,former Town of Bowmanville. File Numbers: .18T-95030 and ZBA 2014-0033 Public Information Centre The Owners will be hosting a Public Information Centre the applications on: DATE: Thursday,February 26,2015• TIME: 6:30 to 9:00 p.m. PLACE: 'John M.James Public School,in the Gymnasium- 175 Mearns Avenue,Bowmanville,Ontario Statutory Public Meeting Council will feceive input on the applications on: DATE: Monday,March 9, 2015 1. TIME: 9:30 a.m. PLACE: Council Chambers,Municipal Administrative Centre, 40 Temperance Street,Bowmanville,Ontario ANY person may attend the public•meeting and/or make written or verbal comments on the proposal. If you cannot attend the Statutory Public Meeting,you can: 1. Speak to Council at their meeting on March 16,2015,7:00 pm Should you wish to appear before Council,you must register prior to 4:15 pm on the.Friday in advance.Arrangements should be made through the Municipality of*Clarington Clerk's Department at 905-623-3379,extension 2106. An on-line form N also available on the Municipality's website, www.clarington.net under"Delegations"in the Service Clarington listing. 2. Write to the Planning Director You-can provide comments in writing on these applications through the Planner Contact listed below. i You can also request to be notified of Council's decision on the applications. Additional Information and Planner Contact: Additional information relating to the applications is available for inspection at the Planning Services Department, or by calling Cynthia Strike 905-623-3379, extension 2410 or by e-mail at cstrike(a),clarington.net. Further details can be found on our website www.clarington.net under"Current Applications"in the Planning Services listing. Other Details our Clerk and-Lawyer want you to know: 'In order to have your name appear on the agenda'published on Thursday prior to the meeting,requests for delegations must be received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting. The Municipality of Clarington is committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act,2005- If you have'accessibility needs and require alternate formats or other accommodationg.please contact the Clerk's Department. The personal information accompanying your submissign is being collected under the authority of the Planning Act, R.S.O. 1990,c.P.13,as amended,and can form part of the public record which may be released to the public. Questions about this collection should be directed to the Clerk's Department. 5--1 If a person or public body does not make verbal submissions at a public meeting or mbke written submission before the by-law is passed;and/or before the approval authority gives or refuses to give approval to the draft plan of subdivision,the person or public body: i) is not entitled to appeal the decision of Clarington Council'to the Ontario Municipal Board;and ii) may not be added as a party to the hearing•of an appeal before the Ontario Municipal Board unless, in the opinion of the Board,there are reasonable grounds to do-so. Dqat unicipality of Clarington this 5"' day of February,2015. Dme,MCIP,RPP ' 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1 C 3A6 cc:LDO go C O _ _n _ N a O m din i ��F r - o E' Co i It y. 11_ Q ° c CD . Al co c o a •"A'y�i,1,�� - _.�It •,,1,\ /,_4.'�.,�, �r�1 �� N . �•,m N y,e`s:''"av N d 8 v I. — �j — "J I.'.m> Z U❑C] �•5+.r� W 0. 9 - 0 ' 0 �. . C j– U y CL z ;x1 � N _ 1 DnNDA`d SN AVEIIN 0 Ca r DRIVE_ 00 18 NOSSINNV / `t`r`, ' %;,��j4 E S %`` 5-2 Ca PUBLIC MEETING ciffinooff REPORT PSD-015-15 JEFFERY HOMES INC. Notice of Public Meeting The Municipality of Clarington has received a Complete Application for a proposed Zoning By-law. Amendment: Council is seeking public comments on this application before making a decision. Applicant: Jeffery Homes Inc. Proposal: To change the zoning of these lands by: • ' increasing the lot coverage for bungalows with a loft; • reducing the rear yard setback for some lots backing onto open space; • allowing an increase in garage width up to 55%of the width of the lot;and • allowing a garage projection in the dwellings front wall,or-covered porch;and • allowing a minimum exterior side yard of 1.2 metres to a sight triangle. Property: Lands north of Centrefield Drive being located in Part of Lot 34, Concession 3, former Township of Darlington File Number: ZBA 2015-0003 A Public Meeting to receive input on the applications will be held on: Date: Monday,March 9,2015 Time: 9:30 a.m. Place: Council Chambers,Municipal Administrative Centre, 40 Temperance Street,Bowmanville,Ontario ANY person may attend the public meeting and/or make written or verbal comments on the proposal. If you cannot attend the Public Meeting,you can: 1. Speak to Council at their meeting on Monday,March 23,2015,7:00 pm Should you wish to appear before Council,you.must register prior to 4:15 pm on the Friday in advance. Arrangements should be made through the Municipality of Clarington Clerk's Department at 905-623-3379,extension 2106. An on-line form is also available on the Municipality's website,www.clarin.qton.net under"Delegations"in-the Service Clarington listing. 2. Write to the Planning Director You can provide comments in writing on these applications through the Planner Contact listed below. You can also request to be notified of Council's decision on the applications. Additional Information and Planner Contact: Additional information relating to the applications is available for inspection at the Planning Services Department,or by calling David Addington at 905-623-3379, extension 2419 or by e-mail at daddingtonbclarington:net. Other Detaiis.our Clerk and Lawyer want you to know: In order to have your name appear on the agenda published on Thursday prior to the meeting,requests for delegations must be received by the Clerk's Department no later than 12 noon on the Wednesday prior to the meeting. The Municipality of Clarington is committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act,2005. If you have accessibility needs and require alternate formats or other accommodations please contact the Clerk's Department. The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990,c.P.13,as amended,and can form part of the public record which may be released to the public. Questions about this collection should be directed to the Clerk's Department. If a person or public body does not make oral submissions at a public meeting or make written submission before the by-law is passed;and/or before the approval authority gives or refuses to give approval to the draft plan'of subdivision,the person or public body: I) is not entitled to appeal the,decision of Clarington Council to the Ontario Municipal Board;and ii) . may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board,there are reasonable grounds to do so. JDa d at t he Municipality of Clarington this 10th day of February,2015. d J. r e, MCIP, RP 40 Temperance Street tor of Panning Services Bowmanville,Ontario Municipality of Clarington L1 C 3A6 cc. LDO 5_3 Property Location Map(Couttice) N Subject Future Adelaide Avenu Ske axow�n couxT Open Space Block Y Q D Imacmtnox Q M U � f0 W d ®O- Q C d Or • Q x CHFi 0. 0 _ CRNTFRP/R�DDRIV p LANE - ZBA 2015-0003 5 Zoning By-law Amendment o CT U Area Subject To By-law Amendment HARTSFIELD DRIVE 0 j CIRCLE CT N 0 0 Owner:Jeffery Homes Inc. 0 w POP ELD DRIVE---,-m . cr LO I DRAFT LIST OF DELEGATIONS GPA Meeting: March 9, 2015 (a) Oliver Ward, Manantler Craft Brewing Company Inc., Regarding Manufacturer's Limited Liquour Sales Licence Application Form i I i I I i r i i 4 . F Cladwgton Planning Services Public Meeting 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: March 9, 2015 Report Number: PSD-014-15 Resolution: File Number: 18T-95030, ZBA 2014-0033 By-law Number: Report Subject: An Application by Averton Group to develop 146 residential units Recommendations: 1. That Report PSD-014-15 be received; 2. That the applications to amend draft approved Plan of Subdivision 18T-95030 and Zoning By-law 84-63, submitted by Averton Group continue to be processed and that a subsequent report be prepared, and 3. That all interested parties listed in Report PSD-014-15 and any delegations be advised of Council's decision. 8-1 Municipality of Clarington Report PSD-014-15 Page 2 Report Overview The Municipality is seeking public comments on the applications submitted by Averton Group proposing an amendment to a draft approved Plan of Subdivision and rezoning for a 146 unit plan of subdivision in Bowmanville on the west side of Mearns Avenue, north of Concession Street and south of the Canadian Pacific Railway. The lands are currently designated for Urban Residential development in the Clarington Official Plan. 1 . Application Details 1.1 Owner: Averton Group 1.2 Proposal: Amendment to Draft Approved Plan of Subdivision i) To increase the 12.0 metres lots to 12.2 metres for single detached dwellings; and ii) To remove 8 semi/link units and replace with 5 single detached units (total of 146 units). Amendment to the Zoning By-law i) To reflect the proposed amendment to the draft approved plan; ii) To increase the lot coverage from 40% to 45%; iii) To allow a bungaloft style dwelling with 50% lot coverage; and iv) To allow various changes in the setbacks: 6 metres to the garage, 4 metres to the dwelling and 2 metres to the porch for exterior and front yards and 0.6 metre on one side and 1.2 metres on the other for interior side yard. 1.3 Area: 11.9 hectares 1.4 Location: West side of Mearns Avenue, north of Concession Street and south of the Canadian Pacific Railway, being Part Lot 9, Concession 2, former Town of Bowmanville (See Figure 1). 1.5 Within Built Boundary: Yes 8-2 Municipality of Clarington Report PSD-014-15 Page 3 Figure 1: Property Location Map m m Legend Subject Site (_f -- ® Area Subject To Amendments G�' z e� > —..._ o ,1 e�e�o p co - — z w I I Q , �( I ' ELEPHANT HILL DRIVE SPRUCEWOOD C NH ,\ i MADDEN PLACE T I \� � 3 2 o� -1 MADDEN PLAC AMPLING __-. -'__L CT _ HUTTON PLACE LLL i HUTTON PL IRELAND STREET I I ZBA2 14 33 2. Background In August 19, 1996 the Region of Durham issued draft approval for a draft plan of subdivision for 192 units, consisting of 118 single detached dwellings, 42 semi/link units and 32 street townhouse units. The Region of Durham did dot include expiry dates to conditions of draft approval. In 2011, after the Region delegated authority to local municipalities to approve subdivisions, the conditions of draft approval was amended by only adding an expiry date of three years. 8-3 Municipality of Clarington Report PSD-014-15 Page 4 Application was made for extension to draft approval which was scheduled to expire in October 2014. Averton acquired the lands prior to the October 2014 and worked with the Municipality on the requested extension to Draft Approval. The Director of Planning Services amended the draft plan by including an alternate second access onto Mearns Avenue which changed some lots and placed the lands north of Elephant Hill Drive in a Future Development Block. This reduced the number of units to 152. The Future Development Block will be subject to a future application for amendment to draft approval. The conditions of draft approval were also amended to reflect current study requirements and included notices and warning. On December 22, 2014 Averton Homes submitted the subject applications for amendment to draft approval and rezoning. The number of units has been reduced to 146, being 119 single family units, 6 semi/linked units and 21 townhouse units. The proposed rezoning would increase lot coverage and revise setbacks. 3. Land Characteristics and Surrounding Uses 3.1 The lands are at a higher elevation at the north-west and abutting the railway then slope to the south-east corner. There are trees on the mid-section and along the southern property boundary. The Averton Sales office is situated on Mearns Avenue. Figure 2: Land Characteristics and Surrounding Uses m CRESCENT =V9ILLIAM e�P I TT �z o SCOTTSDALE DRIVE •.O z O In 9¢ Z _ - " _ ENT = m _ SPRl10EWOOD CRESC f w z - MADDEN PLACE MADDEN PLACE_ I _ w y �• PP 1 - • -;CAMPLING, H1111�0N PLACE ILL. r r - TTON PLACE - _IRELAND STREET__ HU- MA� MAC IL - -- - - UP 11tL_E�$Rd-°. SPRIPC E-lN-00 D a ncanM' BO Cl2 ESCENT � ' +_'_• - 8-4 Municipality of Clarington Report PSD-014-15 Page 5 3.2 The surrounding uses are as follows: North - Canadian Pacific Railway and beyond Urban residential South - Urban residential East - Urban residential West - Urban residential 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential, employment, recreation, park and open space; and other uses to meet long term needs. New development shall occur adjacent to built-up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services, A full range of housing types and densities shall be provided to meet projected requirement of current and future residents of the regional market area. Infrastructure and public services facilities shall be provided in a coordinated, efficient and cost effective manner. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. The subject lands are adjacent to established housing developments, where existing infrastructure is in place and transit routes are nearby. The proposed amendment to the draft plan is generally consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. Growth is to be accommodated in transit-supportive communities to reduce dependence on the automobile through the development of mixed use, pedestrian-friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. 8-5 Municipality of Clarington Report PSD-014-15 Page 6 The subject lands are inside the Built-up area for Bowmanville. By 2015 a minimum of 40% of all residential development occurring annually will be within the built up area, measured across the Region of Durham. The proposed amendment to the draft plan is generally consistent with the Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as Living Areas. Development of communities is permitted with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed subdivision is permitted in the Living Areas designation. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential. The lands are within the Apple Blossom Neighbourhood, which has a population allocation of 4750 and a housing target of 1650 most of which are for low density units. New development in established neighbourhoods is to be designed to respect and reinforce the physical character of the neighbourhood having regard to the pattern of lots, streets and blocks, the size and configuration of lots, building types of nearby properties, the height and scale of buildings and the setback of buildings from the street, rear and side yards. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Holding-Urban Residential Type One ((H) R1)", "Holding-Urban Residential Exception ((H)R1-20), "Holding-Urban Residential Type Two ((H) R2)", "Holding-Urban Residential Exception ((H)R2-9), "Holding Urban Residential Type One ((H) R3)", "Holding-Urban Residential Exception ((H)R3-8). A Zoning By-law amendment is required to implement the proposed amendment to draft approval. 7. Summary of Background Studies The following reports were submitted by the applicant and are currently under review. These documents will be reviewed and summarized in a future recommendation report: • Phase One Environmental Site Assessment; • Traffic Impact Study; • Functional Servicing Report; • Cultural Heritage Evaluation Report; and • Environmental Noise Assessment. 8-6 Municipality of Clarington Report PSD-014-15 Page 7 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed along the frontages of Mearns Avenue, Elephant Hill Drive and Ireland Street. Staff have received two inquiries from neighbouring residents. One individual inquired about the types homes and timing for development. Another individual inquired about the timing of development and if Ireland Street would be opened to Mearns Avenue as a result of the development. Staff also received a written objection from the solicitor retained by Schickedanz Bros. Limited of two blocks (Blocks 95 and 97) in the adjacent subdivision 10M-830. The concern is that proposed lotting would sterilize the future use Blocks 95 and 97. This is reviewed in Section 11 of this report. 8.2 Public Information Centre The applicants hosted a Public Information Centre on Thursday February 26, 2015 at John M. James Public Elementary School on Mearns Avenue in Bowmanville. The applicant and their consultants attended the meeting as well as staff from the Planning Services Department and Engineering Services Department. A total of six area residents attended the meeting. The comments are summarized below: • Preserve existing trees on Ireland Street; • Will the cul-de-sac on Ireland Street be removed? • Use the parkland dedication funds collected from the subject site to update facilities in Elephant Hill Park; • Concerns regarding increased traffic on the existing portions of Elephant Hill Drive as a result of the road being extended to Mearns Avenue and vehicles travelling at high speeds on existing portions of Elephant Hill Drive; • Potential grading and drainage effect residents living on Ireland Street; and • A homeowner, residing on Elephant Hill Drive purchased a home in 2000 and was not aware that the subject lands were approved for residential development in 1996 8-7 Municipality of Clarington Report PSD-014-15 Page 8 9. Agency Comments 9.1 Central Lake Ontario Conservation Authority does not have any objections to the principle of the development however requires revised calculations for storm sewer flows and cross sections where retaining walls are proposed prior to the authority providing conditions of draft approval. 9.2 CP Rail provided conditions of draft approval to mitigate impacts from the CP railway, including the requirement for a safety berm on the subject adjoining property parallel to the railway right-of-way, the installation of fencing or walls, a minimum setback for dwellings of 30 metres and various warning clauses regarding noise and vibration. 9.3 Veridian, Rogers, Canada Post and Enbridge Gas have no objection to the applications. 9.4 Comments remain outstanding from the Region of Durham Planning and Economic Development Department, Public School Board and Separate School Board. 10. Departmental Comments 10.1 Emergency and Fire Services The Emergency and Fire Services Department offers no objection. 10.2 Engineering Services The Engineering Services Department is reviewing the Traffic Impact Study. The grading of this lands is particularly challenging. The applicant has shown retaining walls in various locations around the site. The use of retaining walls must be avoided particularly adjacent to existing development. The stormwater management plan must be consistent with the recommendations of the West Branch of Soper Creek Master Drainage Plan. Staff are currently working with the developer with regard to the configuration of the storm sewer system and stormwater storage. Extensive importing of fill is proposed for this site. Every effort should be made to minimize import or exporting material. Final solutions to all of these issues may result in lot line readjustments or reconfigurations. The on-street parking plan must be revised. The applicant will be required to provide an appropriate cash contribution in lieu of normal parkland dedication. 11 . Discussion 11.1 The original draft approved plan sat idle for many years, prior to being purchased by Averton. In 2014, the draft plan was amended to provide improved traffic circulation by adding an additional access to Mearns Avenue. This would reduce traffic movements from the subject site on existing portions of Elephant Hill Drive. 8-8 Municipality of Clarington Report PSD-014-15 Page 9 11.2 The original Draft Plan showed 26 semi/link units and 4 single detached units, and cul-de- sac with 7 townhouses and 6 semi-detached/link units on the north side of Elephant Hill Drive. The land area is restricted by the location of Elephant Hill Drive, the railway, a large road widening to accommodate a future grade separation at Mearns Avenue, an acoustical berm adjacent to the railway and the grades. These lands were placed in a Future Development Block so that the applicant could explore alternatives to the lotting previously approved cul-de-sac. 11.3 The site has challenging grades. There is a 21 metre grade difference from the north- west corner of the site to the south-east corner. The applicant's engineer is proposing retaining walls in various locations throughout the site including areas adjacent to existing development. Importing fill is also being proposed, some of which will be required to build a berm adjacent to the railway. There are also issues with the proposed storm sewers and storm water storage. The applicant's engineers and staff from the Engineering Services Department are working together to find solutions to resolve the grading and storm water management issues. 11.4 Blocks 95 in the adjacent subdivision (10M-830) to the west aligns with blocks in the plan as draft approved to facilitate the development of two single detached lots. See Figure 3. Schickendanz Bros. want to ensure the blocks can be developed as a result of the amendment to draft approval. The lands abutting Block 97 are identified as a future development block and the unit type will be determined in the future. The applicant needs to continue discussions with the adjacent land owner to facilitate the development of the blocks. They will need to be incorporated into the revised plan. Figure 3: Schickendanz Lands Block 95 and 97 ELEP a Block 97 Q J� STR � Block 95 � /�\�\�\ w STREET'S' \ \ 32 W �. \� \ 11:� CO 30 -- _- 29 29 35 STREET'A' /v 8-9 Municipality of Clarington Report PSD-014-15 Page 10 11.5 The applicant is seeking to amend the zoning which was originally approved in 1996 to reflect current standards, with increased lot coverage and reduced setbacks to the street. These standards have been accepted in newer neighbourhoods. 11.6 The concerns that were raised in the Public Information Centre will be considered as staff reviews the various supporting documents and through deliberation of the application itself. 12. Concurrence — Not Applicable 13. Conclusion The purpose of this report is to provide background information on the proposed 146 unit subdivision submitted by Averton Group for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the various issues. 14. Strategic Plan Application - Not Applicable Submitted by: Reviewed by: a d J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal, Planner, 905-623-3379 ext. 2410 or cstrike @clarington.net The following is a list of the interested parties to be notified of Council's decision: Brad and Lindsay Wright Vince Baffa Justin Malfara Anthony Biglieri Lawrence Wesson Garrett and Amber Dawn Duncan Carlene Robinson Shawn Mclean Craig Gulas DJC/CS/sn/df/jp 8-10 Clarbgton Planning Services Public Meeting 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: March 9, 2015 Report Number: PSD-015-15 Resolution Number: File Number: ZBA2015-0003 By-law Number: Report Subject: An Application by Jeffery Homes Inc. to rezone lands in a Draft Approved Plan of Subdivision Recommendations: 1. That Report PSD-015-15 be received; 2. That the application to amend Zoning By-law 84-63, submitted by Jeffery Homes Inc. continue to be processed and that a subsequent report be prepared, and 3. That all interested parties listed in Report PSD-015-15 and any delegations be advised of Council's decision. 8-11 Municipality of Clarington Report PSD-015-15 Page 2 Report Overview The Municipality is seeking public comments on the application submitted by Jeffery Homes Inc. proposing to rezone lands in a draft approved plan of subdivision (S-C-2003-001). The lands are currently designated for Urban Residential development in the Clarington Official Plan. 1. Application Details 1.1 Applicant: Jeffery Homes Inc. 1.2 Agent: D.G. Biddle & Associates Ltd. 1.3 Proposal: To rezone the lands by: • Increasing lot coverage from 40% to 50% for bungalows with loft space; • Decreasing rear yard setbacks on some lots from 7.5 metres to 6 metres; • Increasing garage width to 55% of the width of the lot; • Allowing garage projections of 0.7 metres beyond the dwelling front wall or covered porch projection; • Allowing a minimum yard setback of 1.2 metres to a sight triangle; and • Removing the (H) Holding symbol from the lands after the draft plan is registered. 1.4 Area: 11.45 hectares 1.5 Location: Lands north of Centerfield Drive, east of Old Varcoe Road being located in Part of Lot 34, Concession 3, former Township of Darlington (see Figure 1) 1.6 Within Built Boundary: No 2. Background The subject lands were draft approved in 2010 for 55 single-detached dwellings and were later amended in 2011 to 51 single-detached dwellings. An extension to draft approval was granted on July 10, 2014. The applicant has entered into a subdivision agreement with the Municipality of Clarington and the draft plan will be registered soon. 8-12 Municipality of Clarington Report PSD-015-15 Page 3 3. Land Characteristics and Surrounding Uses The subject site is located north of Centrefield Drive and east of Old Varcoe Road in the Worden Neighbourhood in Courtice and is currently vacant. The surrounding uses are as follows: North: Two single-detached dwellings and farm field with dwelling and accessory buildings South: Low density residential dwellings West: Harmony Creek and associated valley lands; existing single-detached dwellings on Old Varcoe Road and Lawson Road East: Provincially Significant Wetland (PSW); existing single-detached dwellings on Tooley Road Figure 1. Site Location Subject Site `4 a F • k ' I � 8-13 Municipality of Clarington Report PSD-015-15 Page 4 4. Provincial Policy The applications are proposing variations to the setbacks and other regulations for a previously draft approved plan of subdivision. The level of detail addressed by the application is not addressed in Provincial Policy. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands as "Living Areas", which shall be used predominately for housing purposes. The proposed rezoning application is to allow for an alteration in dwelling design elements for residential lots in a draft approved plan of subdivision. This proposal conforms with the Durham Regional Official Plan. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the subject lands Urban Residential — Low Density. Low Density residential uses shall be developed between 10-30 units per net residential hectare; The predominant housing form shall be single detached, semi- detached/link and duplex to a maximum height of 2.5 storeys. This application conforms to the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63, zones the lands "Holding Urban Residential Type One Exception ((H) 132-71)" and "Holding Urban Residential Type Two Exception ((H) R2-72)". The applicant is seeking to rezone the subject lands to increase lot coverage for bungalows with lofts, decrease rear yard setbacks for specific lots, increase garage width, allow for garage projections and to reduce the yard setback to the property line created by the site triangle. The applicant has also requested that the Holding (H) symbol be removed through this application. 7. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. As of the writing of this report, Staff have received one inquiry from the public. The inquiry related to the nature of the rezoning and whether the proposal to change the zone provisions would apply to the wider neighbourhood or only to the subject lands. No objections were stated. 8-14 Municipality of Clarington Report PSD-015-15 Page 5 8. Agency Comments 8.1 Central Lake Ontario Conservation Authority Conservation Authority staff have reviewed the application and have indicated a concern with a potential impact on the water balance for the site with increased coverage. Rainwater wells are required on some lots within the plan, while others are to have swales and increased topsoil depths for the promotion of greater infiltration. It is not clear how the requested changes might impact on these components and the water budget for the site and Authority staff recommend that additional information be provided by the applicant in this regard prior to approval of the application. 9. Departmental Comments 9.1 Engineering Services The Engineering Services Department have reviewed the application and have indicated that additional supporting information is required. The engineering drawings for this development have already been approved and the underground services have already been constructed. The applicant must submit a Stormwater Management Brief which demonstrates that each component of the overall stormwater management design and infrastructure (storm sewers, ponds, swales, overland flow routes, infiltration trenches etc.) has adequate capacity to accommodate the increased stormwater flow rates that will result from the proposed zoning changes. The approved Master Grading Plan must be adhered to if this application is approved. 9.2 Building Services Division The Clarington Building Division has no concerns with this application. 10. Discussion 10.1 The applicant is proposing changes to the provisions in the R2-71 and R2-72 zones to accommodate various successful house models currently used in other subdivisions. The applicant is seeking to increase the lot coverage for bungalows with a loft space from 40% to 50% to be in line with the lot coverage permissions of one-storey dwellings. 10.2 The Engineering Services Department has requested an updated Stormwater Management Brief to assess how the proposed increased lot coverage will impact stormwater runoff volumes and flow rates. 10.3 The applicant is proposing to allow for decreased rear yard setbacks from a minimum of 7.5 metres to 6 metres on lots 16 to 18 and from 7.5 metres to 7.1 metres on lots 19 to 21 in order to accommodate proposed house models on these lots (see Figure 2). The six lots in question are on average 3 metres shallower than typical lot depths of 30 metres. 8-15 Municipality of Clarington Report PSD-015-15 Page 6 Figure 2: Proposed Lots future Pde�zide Avenue ' N M a '3 t �S 76 ,ea P O� Q U �^ O Qm a° 0 Am W n �� O c � O J O C�NTFRFj ZBA 2015-0003 10.4 A provision regulating the garage width is provided to ensure a proportional balance between the habitable portion of the dwelling and the garage so that the visual impact of the garage on the streetscape is minimized. The R2-71 zone permits a maximum garage width of 45% of the width of the lot. The applicant is proposing an increase in garage width up to a maximum of 55% of the width of the lot. 10.5 Preventing significant garage projection past the dwelling front wall or covered porch projection helps to minimize the visual dominance of the garage on the streetscape and instead allows the front porch and doors to be prominent on the streetscape. The R2-71 and R2-72 zones do not permit garages to project beyond the dwelling front wall or covered porch projection. The applicant is proposing a 0.7 metre garage projection beyond the dwelling front wall or covered porch projection. 5-16 Municipality of Clarington Report PSD-015-15 Page 7 10.6 The applicant is proposing a minimum yard setback of 1.2 metres for porches only to the property line created by the site triangle (see Figure 3). This provision would apply to Lots 1, 7, 26 and 51. These lots have a larger than typical site triangle because they directly abut either Varcoe Road, a designated collector road, or the future Adelaide Avenue, a designated Type 'C' Arterial Road. The proposed setback distance of 1.2 metres is between the porch of the proposed dwelling and site triangle on these lots. No part of the dwelling would encroach in the required site triangle and therefore no impediments to visibility of drivers would be introduced by this proposal and the dwelling would comply with other front and side yard setback provisions. Figure 3: Lot 1 showing proposed porch setback from site triangle W) LOT 1 M 5.28 l .2 11 . Concurrence Not Applicable 12. Conclusion The purpose of this report is to provide background information on the proposal to amend Zoning By-law 84-63, submitted by Jeffery Homes Inc. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 8-17 Municipality of Clarington Report PSD-015-15 Page 8 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: avi J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Dave Addington, Planner 1, 905-623-3379 ext. 2419 or daddington @clarington.net List of interested parties to be notified of Council's decision is on file in the Planning Services Department. D.G. Biddle & Associates Ltd. c/o Michael Fry Jeffery Homes Inc. c/o Scott Jeffery DJC/DA/df/jp 8-18 Clarington 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: March 9, 2015 Report Number: PSD-016-15 Resolution Number: File Number: ZBA 2014-0029 By-law Number: Report Subject: Recommendation report for a rezoning application by Sharon Melville to replace two existing dwellings with one new detached dwelling within the floodplain of the Soper Creek Recommendations: 1. That Report PSD-016-15 be received; 2. That the Zoning By-law amendment application submitted by Sharon Melville be approved as contained in Attachment 1 to Report PSD-016-15; 3. That the (H) Holding Symbol on the amended zoning for the subject property, be removed upon issuance of a Central Lake Ontario Conservation Authority Development Permit for the proposal on the subject property; 4. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-016-15 and Council's decision; and 5. That all interested parties listed in Report PSD-016-15 and any delegations be advised of Council's decision. 8-19 Municipality of Clarington Report PSD-016-15 Page 2 Report Overview This report recommends that Council rezone Environmental Protection Area lands to provide an exception to permit 1 new dwelling and detached garage to replace 2 existing dwellings on the lands at 345 King Street East, Bowmanville. 1 . Application Details Owner/Applicant: Sharon Melville Proposal: To permit the construction of 1 new single detached dwelling replacing 2 existing single detached dwellings, all located in the floodplain of the Soper Creek and zoned Environmental Protection. Area: 0.502 hectares (1.24 acres) Location: 345 King Street East, Bowmanville Within Built Boundary: Yes 2. Background On the property there are currently 2 existing single detached dwellings that were constructed in 1940 and 1949. Both existing dwellings have an accessory detached garage. The applicant proposes to demolish the 2 existing dwellings and garages, and replace them with 1 new single detached dwelling and detached garage. The property occupies land considered to be within the Soper Creek Valley floodplain and is regulated by the Central Lake Ontario Conservation Authority. All of the property is zoned Environmental Protection. The dwellings both pre-date any zoning for the area and are considered legal non-conforming. The applicant has discussed and negotiated the proposal with the Central Lake Ontario Conservation Authority. A pre-consultation meeting was held in June 2014 and the Rezoning Application was submitted on November 24, 2014. 8-20 Municipality of Clarington Report PSD-016-15 Page 3 FIGURE 1: Site Plan of Proposal Bowmanville Zoo Entrance e. 9 , Kin Street Fast d ' Driveway Existing House + � Existing House Proposed Garage a Proposed House Fa u •ip li,y -. •f +I in.• �: _6 ; :. 3 BoWmanuiIIe Cemetery, i . 't _K '2014-0028 • . 3. Land Characteristics and Surrounding Uses All of the triangle-shaped property is within floodplain as are the abutting municipally owned lands to the west. Much of the property is below top-of-bank and the remainder is not far above top-of-bank, of the Soper Creek Valley. Soper Creek is essentially the east boundary of the property. There are small wooded areas east and west of the property. Beyond the wooded area to the east is Bowmanville Cemetery, owned by Clarington. The vacant property to the west of the subject property is also owned by Clarington. Durham Highway 2 is at the north boundary of the property and it provides access to the property. Bowmanville Zoo, is located north and northwest of the property. There are several residences on the north side of Durham Highway 2 northeast of the property. 8-21 Municipality of Clarington Report PSD-016-15 Page 4 FIGURE 2: The 2 Existing Houses on the Property V. 1� q��F mow. `_• 4. Provincial Policy Provincial Policy Statement The property is within an area identified as having significant Valleyland and significant Woodland. Development within or adjacent to these features is not permitted unless it has been demonstrated that there will be no negative impacts. Development shall generally be directed to areas outside of hazardous lands impacted by flooding and erosion hazards, However, some limited development may be permitted where the risk to public safety is minor or could be mitigated and flood proofing is done. No new hazards or adverse environmental impacts are to be created. For reasons identified below, staff are satisfied that there will be no negative impacts. 8-22 . Municipality of Clarington Report PSD-016-15 Page 5 5. Official Plans Durham Regional Official Plan The Durham Regional Official Plan designates the property Major Open Space Areas and in the Region's Durham Highway 2 Intensification Corridor. The predominant use of lands in the Major Open Space Areas shall be conservation, and a full range of agricultural , agricultural-related and secondary uses as well as agri-business, major recreational uses, commercial kennels and landscape industry uses. Area municipal official plans may further elaborate non-agricultural uses which are compatible with the character of Major Open Space Areas in urban areas. Durham Highway 2 is a Type B Arterial and a Regional Transit Spine. Clarington Official Plan The Clarington Official Plan designates the property Environmental Protection Area. No development, including construction of a detached dwelling is permitted. The reduction of 2 existing dwellings and, detached garages to 1 dwelling and garage along with the increase in distance of the buildings from Soper Creek means the proposal has less impact on the natural environment than the'current situation. The Official Plan recognizes it is not possible or desirable to recognize all existing.uses in the Official Plan. Uses, lawfully in existence prior to passage of the relevant Zoning By- law, which do not conform to this Plan, and continue to be lawfully used, shall be deemed legal non-conforming. The Official Plan states that it does not limit the authority of Council to pass a by-law permitting the extension of legal non-conforming uses, provided: a) Relocation is not feasible; b) The existing use situation is not aggravated; c) Size is appropriate for the existing legal non-conforming use; d) Health hazards/public nuisances are not generated; e) Neighbouring conforming uses are protected by buffering or other measures, if necessary; and f) Parking, access and traffic in the vicinity are not adversely affected. 6. Zoning By-law Zoning By-law 84-63 zones the property Environmental Protection (EP) which does not permit any residential use, hence this application. 7. Public Submissions No inquiries on the subject application were received and no one appeared at the public meeting on February 23, 2015. 8-23 Municipality of Clarington Report PSD-016-15 Page 6 8. Agency Comments 8.1 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority listed their 4 regulatory requirements to be included in the Zoning By-law Amendment. The requirements are: 1) the new dwelling and detached garage are to be located in the northwest portion of the property; 2) all openings of the buildings are to be located a minimum of 0.3 metres above the Regulatory Flood Elevation of 83.7 metres, for a minimum elevation of 84.0 metres; 3) no basement is permitted in the new dwelling — only a crawl space is to be permitted and only if it cannot be used for or converted to habitable space; and 4) the total habitable floor area is not significantly increased beyond the sum of the floor areas of the 2 existing dwellings that are to be demolished, that is, to be no more than 1,800 square feet. They also requested confirmation that Clarington Emergency and Fire Services will provide emergency response to the proposed residence in the event of a flood and such confirmation has been provided. A Central Lake Ontario Conservation Authority Development Permit will be required prior to any development on the property and only a minimal amount of clean fill will be permitted on the property in order to adequately flood proof the proposed new buildings. 8.2 Other Agencies Regional Planning and Economic Development noted the proposed use appears to be permitted by the policies of the Regional Official Plan and generally conforms to the policies of the Province's Growth Plan. There will be no significant transportation impact for the Region. Regional Works noted the applicant will be responsible for the cost of removing 1 water connection and 1 sanitary sewer connection, and pay the inspection fees for the 1 retained water connection and the 1 retained sewer connection. Veridian Connections had no comment. 9. Departmental Comments Engineering Services Clarington Engineering Services had no objection in principle, given Central Lake Ontario Conservation's approval of the proposal including the Grading Plan. Clarington Building Division noted Building Permits will be required for each of the two proposed buildings. 8-24 Municipality of Clarington Report PSD-016-15 Page 7 Operations Clarington Operations noted no concerns with the application provided the driveway entrance remains in the same location. Emergency & Fire Services Emergency & Fire Services have no objection. 10. Discussion The rezoning is to permit the construction of a new single detached dwelling and detached garage in the Environmental Protection Zone. Central Lake Ontario Conservation Authority and Clarington staff have accepted the applicant's proposal without submission of an a Natural Heritage Evaluation, given that the two homes that currently exist on the site, will be demolished to allow for the new dwelling. The proposal is for very limited development— 1 single detached dwelling, in fact, more limited than the existing development of 2 single detached dwellings. Given this level of development and the immediacy of the existing Type B Arterial road — Durham Highway 2, the risk to public safety is considered minor. Flood proofing of the proposed dwelling is required. The proposed dwelling will not introduce new hazards or new negative environmental impacts since it will be considerably further from the Soper Creek than the closest of the 2 existing dwellings (see Fig. 1). The proposal conforms to the requirements of the Provincial Policy Statement. Although the Environmental Protection Area designation does not permit development including construction of a detached dwelling, the Official Plan allows Council to pass a by-law permitting the extension or enlargement of legal non-conforming uses, buildings or structures, provided certain requirements are met. Specifically, all of the property is within the Floodplain, therefore relocation is not feasible. The proposal does not aggravate the existing use situation as the zoning by-law will restrict the property to only one dwelling, further from the watercourse and with a maximum floor area. Health hazards, that is, flooding hazards, are being reduced significantly and no public nuisance is being created. The neighbouring conforming uses south of Durham Highway 2 are Bowmanville Cemetery and vacant Environmental Protection lands and they are not affected by the proposal. North of Durham Highway 2, Bowmanville Zoo and a few other detached dwellings will not be impacted by the proposal. The proposal will not affect traffic, access or parking. Planning and Engineering Staff have reviewed the issue of valleyland dedication to the Municipality regarding the subject application and property. There is no need for any trail linkage on the property as the Soper Creek Trail currently exists just south and west of the subject property and connects with the safe crossing of Durham Highway 2 at Mearns Avenue. Additionally, there is no desire for the Municipality to assume the liability and cost of potential future erosion of Soper Creek at this location. 8-25 Municipality of Clarington Report PSD-016-15 Page 8 The Central Lake Ontario Conservation Authority's four regulatory requirements are incorporated into the Zoning By-law amendment. As well, the grade of the site will only be raised to the extent permitted by Central Lake Ontario Conservation Authority. The northwest corner of the property is where the proposed construction will least impact the floodplain. The proposed location of the new dwelling ensures no part of the dwelling is more than 39 metres from the northwest corner of the property. The area to be rezoned provides a 42 metre radius around the northwest corner, with the boundary being an arc. The area to be rezoned limits development on the site, while providing some flexibility. An "H" or Holding Symbol will be placed on the amended zoning for the subject property. It will be removed only upon satisfaction of the Central Lake Ontario Conservation Authority and specifically, issuance of a Central Lake Ontario Conservation Authority Development Permit for the proposal. All municipal taxes have been paid to the time of writing this report. 11. Concurrence Not Applicable 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the proposed zoning by-law be approved. 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: Da J Crome, MCIP, RPP Franklin Wu, Direc r of Planning Services Chief Administrative Officer Staff Contact: Bob Russell, Planner ll, 905-623-3379 ext. 2421 or brussellCaD-clarington.net Attachments: Attachment 1 - By-law to Amend Zoning By-law 84-63 The following is a list of the interested parties to be notified of Council's decision: Sharon Melville DJC/RLR/df/jp 8-26 Attachment 1 to Municipality of Clarington Report PSD-016-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation.of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2014-0029; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 5.2 SPECIAL EXCEPTIONS—ENVIRONMENTAL PROTECTION (EP)ZONE is hereby amended by adding thereto, the following new Special Exception zone 5.2.19 as follows: "5.2.19 ENVIRONMENTAL PROTECTION EXCEPTION (EP-19)ZONE Notwithstanding Section 5.1 a.those lands zoned EP-19 as shown on the Schedules to this By-law shall permit one single detached dwelling unit and related accessory structures. Residential dwellings shall comply with the zone regulations and accessory buildings shall comply with Section 3: a. Minimum elevation of any door,window or other structural openings 84.0 metres (C.G.D.) b. Floor Area(maximum) 167 square metres G. Setbacks(minimum) i) . Front Yard 6 metres ii) Interior Side Yard 1.2 metres iii) To Other Zone Boundary 0 metres d. The Holding symbol shall only be removed when a development permit has been issued by Central Lake Ontario Conservation Authority. 2. Schedule '3'to By-law 84-63, as amended, is hereby further amended by changing the zone designation from"Environmental.Protection (EP)Zone"to"Holding- Environmental Protection Exception (EP-19)Zone"as illustrated on the attached Schedule 'A'hereto. 3. Schedule'A'attached hereto shall form part of this By-law. 8-27 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By-Law passed in open session this day of 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 8-28 Phis is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D. k�NG STR ��T�gST N ® Zoning'Change From"EP"To"H)EP-19" ® Zoning To Remain"EP" Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk D UCHUFC.M.- EC RINGS EETEAST WV - i'm HOD950RNE AIINCESTREET ---ECRES-T /y DEERPARK CRESCEM DEERPARK CRESCENT O r� Bowmanville w xoeesnRNE S 201BA CHEDULE3 4-0029 8-29- Clarftwn 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: March 9, 2015 Report Number: PSD-017-15 Resolution Number: File Number: S-C-2013-0001 & ZBA 2013-0003 By-law Number: Report Subject: Proposed applications by Pollux Developments Inc. to permit a 115 unit residential development Recommendations: 1. That Report PSD-017-15 be received; 2. That the application for the proposed Draft Plan of Subdivision, submitted by Pollux Developments Inc. to permit the development of 115 residential units be supported, subject to the conditions contained in Attachment 2 to Report PSD-017-15 and once the Region of Durham is satisfied that the necessary forms and insurance have been submitted with respect to the Phase 1 Environmental Assessment ; 3. That the Zoning By-law Amendment application submitted by Pollux Developments Inc. be approved as contained in Attachment 3 to Report PSD-017-15; 4. That once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal.of the (H) Holding Symbol be approved; 5. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-017-15 and Council's decision; and 6. That all interested parties listed in Report PSD-017-15 and any delegations be advised of Council's decision. 8-30 Municipality of Clarington Report PSD-017-15 Page 2 Report Overview A 115 unit draft plan of subdivision is recommended for approval. This greenfield development contains a mix of low and medium density units at the intersection of Scugog Street and Concession Road 3 in north Bowmanville. The development will provide a mix of housing options, and will assist the Region of Durham and the Municipality of Clarington in achieving population and housing targets in accordance with Growth Plan policies. 1. Application Details Owner/Applicant: Pollux Developments Inc. Agent: Tunney Planning Inc. Proposal: Proposed Draft Plan of Subdivision To allow the development of 115 residential units, including 32 single detached residential units, and up to 83 medium density (townhouse) units, roads and related services. Rezoning To rezone the lands from the existing residential zones to appropriate zones that permit the uses as presented in the draft plan of subdivision. Area: 3.8 hectares Location: Part of Lot 2, Concession 12, Former Town of Bowmanville (Southeast quadrant of Scugog Street and Concession Road 3) (See Figure 1: Key Map). Within Built Boundary: No 2. Background 2.1 The lands were previously draft approved for a 74-unit plan of subdivision (18T-89044 & DEV 89-58). The draft approval lapsed in 2010 therefore the owner reapplied for approval for development of the lands, and in doing so, modified the design of the subdivision. 2.2 A public meeting was held on November 25, 2013. Since that time, and following the review of staff and agency comments, the applicant has revised the draft plan of subdivision so that access to the medium density block will occur along Concession Road 3, and not along the local road being Courtney Street. 8-31 Municipality of Clarington Report PSD-017-15 Page 3 Figure 1: Key Map DRAFT 0 APPROVED x W DRAFT APPROVED PLAN OF SUBDIVISION PLAN OF S-C-2007-0005 SUBDIVISION Ca S-C-2007-0004 CONCESSION ROAD 3 . ........................ 1"7 z W Prop.dAe�d_Medlurn-Density C) Townhouse Block REGISTERED PLAN OF j SUBDIVISION W 32 31 3 20 19 18 17 (Under Construction) W 29 28 27 26 25 1 24 23 ]22 21 F- 0 COURTNEY STREET 0 (D 0 1 2 3 4 5 13 14 15 16 EXISTING ING RESIDENTIAL COLVILLE A VENUE ........... JTI ZB.A 20113-01003 fill N-T 2.3 The applicant has submitted the following studies in support of the application and are reviewed in detail in this report: • Traffic Assessment • Sustainability Statement • Archaeological Assessment • Functional Servicing Report • Noise Impact Study • Tree Preservation Plan • Phase 1 Environmental Site Assessment 8-32 Municipality of Clarington Report PSD-017-15 Page 4 3. Land Characteristics and Surrounding Uses 3.1 The site is relatively flat with some vegetation and trees, and vacant of structures 3.2 The surrounding uses are as follows: North - Vacant agricultural lands within draft approved residential plans of subdivision (S-C-2007-0004 & S-C-2007-0005) within the North Glen Neighbourhood, South - Single detached residential units with a registered plan of subdivision along Colville Avenue East - One existing dwelling on a lot of record and residential lots within a registered plan of subdivision (Plan 40M-2524) West - Residential units within a registered plan of subdivision on the west side of Scugog Street 4. Provincial Policy 4.1 Provincial Policy Statements Settlement areas shall be the focus of growth. Land use patterns shall be based on densities and a mix of land uses which efficiently use land, resources and infrastructure and other public services. A full range of housing types and densities are to be provided to meet the projected requirements of current and future residents of the regional market area. The PPS encourages a compact built form which supports the development of transportation systems that minimize the length and number of vehicle trips and also supports the development of viable choices and plans for public transit. Compact built form minimizes negative impact to air quality and climate change and promotes energy efficiency. Healthy, active communities should be promoted by planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. The applications are consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan requires municipalities to manage growth, and encourages the creation of complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. 8-33 Municipality of Clarington Report PSD-017-15 Page 5 The subject lands are within the greenfield area, and outside of the built-up area. In greenfield areas, growth is to make efficient use of services and infrastructure and be compact and transit-supportive. Reducing dependence on the automobile through the development of mixed use, pedestrian-friendly environments contributes to achieving complete communities. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 50 residents or jobs per hectare in the designated greenfield area and is measured across the Region of Durham. The subject development would generate approximately 82 residents per hectare and provides for a medium density development at the intersection of two arterial roads. The applications conform to the objectives of the Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan Within the Durham Regional Official Plan, the lands are designated as Living Area, with an indication of Key Natural Heritage and Hydrologic Features. The natural environment, including Key Natural Heritage and Hydrologic Features, shall be given paramount consideration in light of their ecological functions and scientific, educational and health, values. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: • A compact urban form; • The use of good urban design principles; • The provision of convenient pedestrian access to public transit, educational facilities and parks; • A grid pattern of roads; • The provision and distribution of parks, trails and pathways and educational facilities; • Municipal services, infrastructure and the feasibility of expansion; and • The balance between energy efficiency and cost. The applications conform to the Durham Regional Official Plan. 5.2 Clarington Official Plan The subject lands are designated for Low and Medium Density Residential development. The use of land in the Urban Residential designation is predominantly for single and semi-detached housing with a net density no greater than 30 units per net hectare. Medium Density development is generally between 31 and 60 units per net hectare and in the form of townhouses and/or low-rise apartments (up to 4 storeys). The lands are 8-34 Municipality of Clarington Report PSD-017-15 Page 6 within the Knox Neighbourhood of the Bowmanville Urban Area, which has a population allocation of 5350 and a housing unit target of 1950, including 300 medium density units. Concession Road 3 and Scugog Street are classified as Arterial Roads. When reviewing medium density proposals, the impact of traffic on local streets is to be minimized. The Lake Iroquois Beach skirts the south side of Concession Road 3. Concession Road 3 is the north limit of the property. No other significant natural heritage features occur on the property. An Environmental Impact Study is required for development applications located on lands within or adjacent to the Lake Iroquois Beach and/or, any natural heritage feature. In consideration of the EIS work done for the lands on the north side of Concession Road 3 and the lack of other significant natural heritage features, staff together with Central Lake Ontario Conservation Authority determined additional environmental work is not required for the subject applications. Prior to municipal approval of any draft plan of subdivision, the Municipality will prepare a sub-watershed plan. Where a master drainage plan has been approved, the master drainage plan will substitute for the requirement for a subwatershed plan. The Northwest Bowmanville Master Drainage Study was prepared for the Bowmanville Creek and includes consideration of the subject lands. The applications conform to the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands a mix of urban residential zones ((H)R1, (H)R2 and (H)R3) and reflects the previous draft approved plan of subdivision that has lapsed. A rezoning is required to implement the proposed draft plan of subdivision. 7. Summary of Background Studies 7.1 Traffic Assessment Since a similar subdivision plan was previously approved for the subject lands, and the site is approved for medium density development according to the Official Plan, a full traffic impact study was not completed. Compared to the plan, the proposed revisions result in a minor increase of vehicle trips and would have a negligible impact on traffic operations of the intersection of Concession Road 3 and Scugog Street. 7.2 Sustainability Statement The preliminary assessment highlights the site's location within an area of existing development and commits to further implement sustainability measures during the final approval stage. 8-35 Municipality of Clarington Report PSD-017-15 Page 7 7.3 Stage 1-11 Archaeological Assessment Based on the absence of any significant findings this property has no potential for the recovery of archaeological resources. 7.4 Functional Servicing Report Grading of the lands will be set to match existing grades on the surrounding lands. The storm sewer system will connect to the proposed storm trunk sewer on Scugog Street. The downstream storm system, including the stormwater management pond, has been sized to accommodate the development. The lands can also be serviced by the extension of water and sanitary sewers from the south and east. 7.5 Noise Impact Study Noise mitigation measures are recommended as a result of traffic noise generated by Scugog Street and Concession Road 3 and would be implemented during the final subdivision approval stage. 7.6 Tree Preservation Plan The preliminary tree preservation plan has identified some trees around the perimeter of the site that can be retained. As a condition of final approval the applicant will be required to propose a site plan design that seeks to maintain some native vegetation in the proposed amenity space/common areas of the medium density block. 7.7 Phase 1 Environmental Site Assessment No sources of soil or groundwater contamination were identified and no further action is recommended. 8. Public Submissions 8.1 A public meeting was held on November 25, 2,013. No members of the public spoke in regard to the applications. 8.2 Prior to the public meeting four residents contacted staff regarding these files, and one subsequent to the public meeting. Concerns raised focus on pedestrian safety and traffic impacts. One resident commented that the development would worsen existing congestion evident around the nearby public school. 8.3 Following the public meeting, a resident questioned how the development will: • meet the current policies 6.3.5, 9.2.2, 9.4.6 and 9.5.5 of the Municipality of Clarington Official Plan? have a positive impact on the existing residents of the Knox neighbourhood? provide its new residents with a living environment where they have direct access to green space, walking distance to public transportation, easy access to schools, and minimized traffic pollution and noise? 8-36 Municipality of Clarington Report PSD-017-15 Page 8 8.4 The resident requests Council to consider that Bowmanville is a town within a country setting (easy access to farmland and green space) and should take great pride in promoting this. 8.5 The referenced extracts from the Clarington Official Plan are included as Attachment 1. A full analysis of all resident concerns is included in the discussion section of this report. 9. Agency Comments 9.1 Durham Regional Planninq Durham Regional Planning recognizes that the proposed subdivision development will complete the development of the area, promotes efficient use of land and resources, and is consistent with the Provincial Policy Statement. The proposed development is permitted by the Living Area designation. Regional Planning highlights the lands are within the greenfield area and contributes to the overall gross density of 50 residents and jobs combined per hectare within the Region. Durham Regional Works Department has provided the applicant with confirmation on existing service connections in the area. The proposal was reviewed from a transit perspective and the urbanization of Concession Road 3 would allow for future bus stops. The Region has no objections, accepts the findings of all the technical studies and has provided conditions to include in the final conditions of draft approval. However, the Region is still awaiting the submission of a reliance letter and proof of insurance for the Phase 1 Environmental Site Assessment. Clarington Planning recommends that the Conditions of Draft Approval be issued once the Region has received the necessary forms and proof of insurance. 9.2 Central Lake Ontario Conservation Authority Central Lake Ontario Conservation Authority has indicated that they have not identified natural heritage features on the subject lands through their watershed planning exercise, and have no objections to the approval of the applications. The conservation authority provided specific conditions to include in the final conditions of draft approval. Technical comments were forwarded to the applicant and must be addressed during the detailed design stage of the development. 9.3 Kawartha Pine Ridge District School Board The school board has advised they have no objection to the applications. Any students would attend Charles Bowman Public School and Bowmanville High School. 9.4 Other Circulated Agencies Veridian, Enbridge Gas, Bell and Rogers Communications have no objections and all technical comments have been forwarded to the applicant. 8-37 Municipality of Clarington Report PSD-017-15 Page 9 10. Departmental Comments 10.1 Engineering Services Engineering Services accepts the findings of the Traffic Assessment. The preliminary grading and servicing details are acceptable and will be further reviewed at the detailed design stage. As services are not yet constructed to the site, development cannot proceed until the Municipality has approved the expenditure of funds for the reconstruction of Scugog Street from Bons Avenue to Concession Road 3 to a full urban standard. The owner will be responsible to make a financial contribution to the oversizing of the storm sewer from Bons Avenue to Courtney Street, as determined by the Director of Engineering Services. Payment of this contribution must be received by the Municipality prior to the Scugog Street reconstruction work being tendered. Engineering Services also highlights that Block 30, the medium density block, will require site plan approval, which will address matters such as amenity areas, landscaping, pedestrian connections, and visitor parking. The access for the medium density can be located along Concession Road 3, with an emergency access/pedestrian connection to Scugog Street. In addition to conditions relating to the aforementioned points, conditions of draft approval include direction on the following: • Provision of sight triangles, road widenings and reserves; • Removal of temporary turning circles; • Tree preservation; and • Payment of cash-in-lieu of parkland. 10.2 Other Departments No objections have been raised by other departments. 11. Discussion 11.1 The subject lands are an infill subdivision within the Bowmanville urban area. The lands are designated for residential development, including a medium density component. The unit mix and density will satisfy the Growth Plan targets and conform to the Regional and Clarington Official Plan. 11.2 The proposed plan of subdivision provides for a logical extension of development and street patterns that are adjacent to the development. The lands can be serviced by the extension of water, sanitary sewer and storm sewer services from the south and east. 11.3 The following is review of the specific Official Plan policies referenced by a local resident. Attachment 1 details each of the complete policies identified. 8-38 Municipality of Clarington Report PSD-017-15 Page 10 • Policy 6.3.5 is specific to residential intensification projects. This is not an intensification area so it is not applicable. However, regardless, the site development criteria would be satisfied with the approval of the subject applications. • Policy 9.2.2 has the objective of providing a variety of uses in a neighbourhood to service residents. This is not achieved in one application. The Knox neighbourhood is considered a complete community as it provides for a variety of land uses including residential, commercial, open space and institutional uses. • Policy 9.4.6 outlines site development criteria for the medium density development. Many of these criteria are considered in the context of site plan approval. However, with respect to the Plan of Subdivision, the road system can accommodate additional traffic generated by the site. Townhouse blocks shall generally not exceed 50 units. However, this is a general target and must be reviewed together with neighbourhood housing targets and the site context. The medium density block could accommodate up to 83 units and the Knox neighbourhood, which is almost built out is falling short of the 300 medium density unit target. In interpreting an Official Plan, all numeric figures are approximate and the slightly larger block for 83 units is appropriate given all circumstances. • Policy 9.5.5 (d) indicates that natural heritage features are a key design consideration. Natural features are identified on an ecosystem basis for protection. While there are treed areas on the site, no significant woodlots or other natural heritage features identified on the subject lands. The owner has submitted a preliminary tree preservation plan and some trees around the perimeter of the site can be protected. 11.4 One resident raised concerns about traffic congestion around Charles Bowman School. Pedestrian safety and traffic congestion during peak arrival and dismissal times is a common concern proximate to school sites. Charles Bowman School generates a number of complaints. Crossing guards are currently positioned at Scugog Street and Bons Avenue, and along Bons Avenue at Wyse Gate to assist with pedestrian crossings. The Traffic Impact Study supports the subject development and Scugog Street will be urbanized with sidewalks to provide safe access for pedestrians. The road network in the area will be completed with the construction of Gimblett Street to Concession Road 3 and Courtney Street to Scugog Street, traffic circulation is expected to improve. 11.5 It is recommended that the subject lands be placed in three urban residential zones: • R1-66 for the 11.3 m single detached lots along the Courtney Street extension • R2 for the partial lot to be utilized in conjunction with the adjacent plan to the east • R3-26 for the townhouse block. The zones applied reflect current standards seen in newer subdivisions with respect to lot coverage and setbacks and consistent with the surrounding neighbourhood. 8-39 Municipality of Clarington Report PSD-017-15 Page 11 11.6 The Holding (H) provision will be utilized on the proposed zoning to ensure adequate access and services are in place prior to development and will be lifted by Council when the appropriate conditions are met. 11.7 Conditions of draft approval have been prepared and would be fulfilled as the subdivision application moves through the final approval stage. The owner of the lands will be required to enter into a subdivision agreement with the Municipality of Clarington. The applicant has provided concurrence with the attached proposed conditions of Draft Approval. 11.8 All taxes owing to the Municipality of Clarington have been paid in full. 12. Concurrence Not Applicable 13. Conclusion The proposed infill subdivision implements the Clarington Official Plan. In consideration of all agency, staff and public comments, it is respectfully recommended that proposed draft plan of subdivision and zoning by-law amendment be approved. 14. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by. vi J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or ataylorscottC_clarington.net Attachments Attachment 1: Official Plan Extracts Attachment 2: Proposed Conditions of Draft Approval Attachment 3: Proposed By-law Amendment 8-40 Municipality of Clarington Report PSD-017-15 Page 12 The following is a list of the interested parties to be notified of Council's decision: Pollux Developments Inc. Tunney Planning Inc. Gavin Lowe Mike Selkirk Randy Henning Sean Walsh Eileen Dodd Keith McDowell DJC/CP/ATS/df 8-41 Attachment 1 to Municipality of Clarington Report PSD-017-15 Clarington Official Plan Policy Extracts. Policy 6.3.5 Proposals for residential intensification will be permitted where the following criteria are met: a) there are adequate municipal services to accommodate increased demands including water supply, sanitary and storm sewers, schools and parkland; b) the site is accessible to community facilities, shopping and public transit; c) there is capacity in the road system to accommodate additional traffic;, d) the proposal is physically compatible with the surrounding neighbourhood in terms of scale, massing, height, siting and shadowing; and e) there is adequate on-site parking. Policy 9.2.2 To provide for a variety of uses for each neighbourhood to service residents and to decrease the dependency on motor vehicles. Policy 9.4.6 Medium and high density residential development will be reviewed on the basis of the following site development criteria: a) The site is suitable in terms of size and shape to accommodate the proposed density and building form; b) The proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks, shadowing, and the location of parking and amenity areas; c) Adequate on-site parking, lighting, landscaping and amenity areas are provided; d) The impact of traffic on local streets is minimized; e) Townhouses sited on blocks shall generally not exceed 50 units; f) Street townhouses shall generally not comprise more than 6 attached units; and g) Street townhouses shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. Policy 9.5.5 d) Natural features will be a key design consideration to ensure the protection of watercourses, valleylands,.significant woodlots and wetlands and their ecological functions. Residential neighbourhoods will be "designed with nature" to minimize grade changes, preserve mature trees and enhance open space linkages. Opportunities to provide views of natural features and the waterfront should be incorporated, wherever possible. 8-42 Attachment 2 to Municipality of Clarington Report PSD-017-15 CONDITIONS OF DRAFT APPROVAL FILE NO.: S-C-2013-0001 . DATE: MARCH 9, 2015 Part 1 - PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2013-0001 prepared by Tunney Planning Inc. identified as job number TUN 626-1, dated January 2013, and revised January 2015, which illustrates 23 single detached lots with 11.3 metres of frontage, 9 single detached lots with 12.0 metres of frontage, a medium density block (up to 83 block townhouse units), a part block, a public road, road widenings and 0.3 metre reserves. Revisions: • Remove 0.3 m reserve identified as Block 34; and • Widen Part Block 33 to ensure the block, when melded with Block 69, Plan 40M-2524, together meet the minimum lot frontage of 12.0 metres required by the R2 Zone. Part 2— GENERAL 2.1 The Owner shall enter into a subdivision agreement with the Corporation of the Municipality of Clarington (the "Municipality") that contains all of the terms and conditions of the Municipality's standard subdivision agreement respecting the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this plan of subdivision. A copy of the Municipality's standard subdivision agreement can be found at http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf 2.2 The Owner shall name all road allowances included in the draft plan to the satisfaction of the Municipality and the Regional Municipality of Durham (the "Region"). 2.3 All works and services must be designed and constructed in accordance with the Municipality's Design Guidelines and Standard Drawings. Architectural Control 2.4 (1) The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services 8-43 (2) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. (3) No building permit shal1,be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales 2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and surrounding land uses. The Land Use Plan shall be in a format approved by the. Director of Planning Services. (2) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (3) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. Reconstruction of Scugog Street 2.6 This development cannot occur until the Municipality of Clarington has approved the expenditure of funds for the reconstruction of Scugog Street from Bons Avenue to Concession Road 3 to a full urban standard. Site Alteration 2.7 Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, dust control and road damage. After registration of a subdivision agreement, the provisions of the Municipality's standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. Part 3.- FINAL PLAN REQUIREMENTS 3.1 The following road allowances shown on the draft plan shall be dedicated to the Municipality of Clarington upon registration of the final plan: (a) Courtney Street 8-44 3.2 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widenings • A 5.18 metre road widening across the entire frontage of Concession Road 3 shown as Block 39 on the draft plan. • A 3.048 metre road widening across the entire frontage of Scugog Street shown as Block 38 on the draft plan. (b) Sight Triangles • A 14.0 metre x 14.0 metre sight triangle at the corner of Concession Road 3 and Scugog Street. • A 14.0 metre x 7.0 metre sight triangle at the corner of Courtney Street and Scugog Street. (c) Reserves • A 0.3 metre reserve shown as Blocks 35-37, inclusive, on the draft plan. Part 4—PLANS AND REPORTS REQUIRED PRIOR TO SUBDIVISION AGREEMENT/FINAL PLAN REGISTRATION 4.1 The Owner shall submit the following plans and report or revisions thereof: Noise Report (1) The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region of Durham, for review and approval, an updated noise report, based on the preliminary noise report entitled "Noise Impact Study, Residential Subdivision, Scugog Street and Concession Road 3, Bowmanville, Ontario," prepared by J.E. Coulter Associates Ltd., dated April 11, 2013. An updated noise report for Block 40 will be required at the time.of applying for site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. Functional Servicing (2) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation. The Servicing and Grading Plan should be revised to eliminate the use of retaining walls on the site. The Owner agrees that lands within the limits of the draft plan must be graded to accommodate the future urban road profile for Concession Road 3. This includes future sidewalk location without any modification to grades or ditching, all to the satisfaction of the Director of Engineering Services. 8-45 Community Theme Plan (3) The Owner shall submit a "Community Theme Plan" to the Director of Planning services and Director of Engineering Services for approval. Such plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision 40M-2341, 40M-2363, and 40M-2524. All Engineering Drawings shall conform with the.approved Community Theme Plan. Tree Preservation Plan (4) The Owner shall submit an updated Tree Preservation Plan for review and approval by the Director of Engineering Services and Director of Planning Services. The development of Block 40 will require site plan approval. The required Tree Preservation Plan for Block 40 shall consider the location of amenity space and the layout of lots and private lanes to optimize tree preservation. Environmental Sustainability Plan (5) The Owner shall submit an Environmental Sustainability Plan to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. The plan shall include the location of a shade tree, or provision of a voucher from a local nursery to allow the purchaser to acquire a shade tree to provide passive solar gain during the various seasons. Soils Management Plan (6) Prior to final registration, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting any proposed import or export of fill to or from .any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. 8-46 Part 5—SPECIAL TERMS AND CONDITIONS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT Phasing 5.1 The construction of Courtney Street within the limits of the draft plan shall be constructed in a single phase. Lands Requiring Site Plans 5.2 The owner shall not make an application for a building permit in respect of Block 40 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. Storm Sewer Oversizing 5.3 The owner agrees to contribute to the storm sewer oversizing on Scugog Street north of Bons Avenue to Courtney Street. The subdivision agreement will contain appropriate clauses regarding the timing and amount of the required contribution. Payments shall be determined in accordance with the subdivision agreement and to the satisfaction of the Director of Engineering Services. Parkland 5.4 The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under section 51.1 of the Planning Act, R.S.O. 1990, C.P.13. The Owner acknowledges that this amount represents the value of the land that would otherwise be required to be conveyed at the rate of 1 hectare of land for each 300 dwelling units, or 0.38 hectares, in the draft Plan as of the day before the approval of draft Plan of Subdivision S-C-2013-0001. Noise Attenuation 5.5 (1) The Owner shall implement the noise attenuation measures recommended in the updated noise report entitled "Noise Impact Study, Residential Subdivision, Scugog Street and Concession Road 3, Bowmanville, Ontario," prepared by J.E. Coulter Associates Ltd., dated April 11, 2013. The measures shall be included in the municipality's subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include and required warning clauses identified in the study. (2) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. Part Block 5.6 Part Block 33 shall be developed together with Block 69, Plan 40M-2524 as a single lot accommodating one single detached dwelling with a minimum lot frontage of 12 8-47 I metres and a minimum lot area of 370 square metres. The lot shall be (a) pre serviced with water, sanitary and storm sewers, and (b) graded, seeded and maintained by the Owner to the satisfaction of the Director of Planning Services and the Director of Engineering Services. Temporary Turning Circles 5.7 Where proposed Courtney Street connects to existing temporary turning circle to the east, the Owner shall be 100 % responsible for removing the existing temporary turning circle and constructing the road to municipal standards. This includes curbs, sidewalks, asphalt, drainage, boulevard topsoil and sod, street trees and street lighting relocations, all to the satisfaction of the Director of Engineering Services. Part 6 —AGENCY CONDITIONS 6.1 Region of Durham (1) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (2) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (3) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include', among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: (a) The intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with current provincial guidelines and requirements. Low Impact Development measures should also be investigated for implementation-on site; 8-48 (b) The anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and (c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works. (2) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. (3) The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: (a) The Owner agrees to carry out the works referred to in Condition 6.2 (1) and (2) to the satisfaction of the Central Lake Ontario Conservation Authority. (b) The Owner agrees to maintain all stormwater and erosion and sediment control structures and measures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. (c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. A copy of the fully executed subdivision agreement between the Municipality of Clarington and the Owner, will expedite the clearance of Condition 6.2 (3). 6.3 Ministry of Culture, Tourism and Sport (1) Prior to final approval, the proponent shall mitigate and/or salvage excavation of any significant heritage resources found in York North Archaeological Services Inc.'s report titled, "A Stage 1-11 Archaeological Assessment for the Proposed Pollux Developments Bowmanville Subdivision: Located in Part 1, Plan 10R- 1964, Part of Lot 2, Concession 2, Formerly in the Town of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham," dated October 18, 2013, to the satisfaction of the Regulatory and Operations Group of the Ministry of Tourism, Culture and Sport. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Tourism, Culture and Sport confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 8-49 6.4 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 7—STANDARD NOTICES AND WARNINGS 7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality's standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 7.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1 and 32, and for units within Block 40 adjacent to Concession Road 3 and/or Scugog Street: This dwelling unit was fitted with a forced air heating system and the ducting etc. sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: The location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MOE publication NPC-216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property). 8-50 (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Lots 1 and 32, and for units within Block 40 and adjacent to Scugog Street and/or Concession Road 3: Despite the inclusion of noise control features in the design of the subdivision and individual units, noise levels from road and rail traffic and the existing/proposed commercial development may be of concern and may occasionally interfere with some activities of the dwelling occupants as the noise exposure level may exceed the noise criteria of the Ministry of the Environment. 14.1. Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for Lots 1 to 32, and Block 40: Farm Operations—There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants. 14.2. Noise Attenuation Fencing The Owner shall include the following notice in the agreements of purchase and sale for Lots 1 and 32, and for units within Block 40 that flank onto Scugog Street and/or Concession Road 3: Noise Attenuation Fencing- Noise attenuation fencing is a required feature for this lot to assist in reducing the noise levels to comply with Ministry of the Environment standards. This fencing must be located on the private property portion of the lot and must be designed and constructed in compliance with the recommendations of the noise attenuation report "Noise Impact Study, Residential Subdivision, Scugog Street and Concession Road 3, Bowmanville, Ontario,"prepared by J.E. Coulter Associates Ltd., dated April 11, 2013, and any addenda thereto. The maintenance of this fencing is the responsibility of the owner of the lot after the developer has been released from any further responsibility for the fence. Part 8 - CLEARANCE 8.1 Prior to final approval of the plan for registration, the Municipality's Director of Planning Services shall be advised in writing by, (a) the Region how Conditions 1, 2.2, 4.1(1), 5.1, 5.5, 6.1, 6.3 and 6.4(2) have been satisfied; (b) the Central Lake Ontario Conservation Authority, how Condition 6.2 have been satisfied; and (c) the Ministry of Culture, Tourism and Sport, how Condition 6.3 have been satisfied. 8-51 Part 9 - NOTES TO DRAFT APPROVAL 9.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality's standard subdivision agreement. 9.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft.approval, may be withdrawn at any time prior to final approval. 9.3 If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 9.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, L1 N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. (c) Ministry of Tourism, Culture and Sport, Culture Programs Unit, Programs and Services Branch, Culture Division, 401 Bay Street, Suite 1700, Toronto, Ontario, M7A OA7 (416) 314-5192. 8-52 Attachment 3 to Municipality of Clarington Report PSD-017-15 Corporation of the Municipality of Clarington By-law 2015- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2013-0003; Now Therefore Be It Resolved That,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule '3'to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential Type One((H)R1)Zone"to "Holding—Urban Residential Exception ((H)R2-66)Zone'; "Holding—Urban Residential Type One((H)R1)Zone"to"Holding—Urban Residential Exception ((H)R3-26)Zone'; "Holding—Urban Residential Type Two((H)R2)Zone"to"Holding—Urban Residential Exception ((H)R2-66)Zone'; "Holding—Urban Residential Type Three((H)R3)Zone"to"Holding—Urban Residential Exception ((H)R2-66) Zone'; and "Holding—Urban Residential Type Three((H)R3)Zone"to"Holding—Urban Residential Exception ((H)R3-26) Zone" as illustrated on the attached Schedule 'A' hereto. 2. Schedule'A'attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By-Law passed in open session this day of 2015 Adrian Foster, Mayor C.Anne Greentree, Municipal Clerk 8-53 This- is Schedule "A" to By-law 2015- , passed this day.of , 2015 A.D. CONCESSION ROAD 3 T\ Z q F_LI-I ~ `i � U O C) U W U '•_ } O m w U Z COURTNEY STREET COLVILLE AVENUEN _TTTTF�11 1 ®Zoning Change From"(H)R1"To"(H)R2-66" ®Zoning Change From"(H)R1"To"(H)R3=26" Zoning Change From"(H)R2"To"(H)R2-66" ®Zoning Change From"(H)R3"To"(H)R2-66" Zoning Change From"(H)R3"To"(H)R3-26" Zoning To Remain"R2" Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk 9 CONCES MRO 3 �E _ ®r 4 E " R x u j DO Bowmanville ' 3 y ZBA2013-0003 ,\ IM! "t - - - SCHEDULE 3 1 c 8-54 Clarftwn 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: March 9, 2015 Report Number: . PSD-018-15 File Number: PLN 17.2.9 and RE 6.1.17 and 6.9.4 By-law Number: Report Subject: Land transfer to Central Lake Ontario Conservation at Bowmanville Marsh for Water Control Structure Recommendations: 1. That Report PSD-018-15 be received; 2. That the lands at the mouth of the Bowmanville Marsh be declared surplus; 3. The Bowmanville Marsh parcel be transferred to the Central Lake Ontario Conservation for the construction of a water control structure as outlined in the Bowmanville Marsh Habitat Restoration Project; 4. That Staff work with the Central Lake Ontario Conservation to finalize the alignment of the lands being transferred and prepare a Memorandum of Understanding to the satisfaction of the Director of Planning Services and Director of Engineering Services; and 5. That all interested parties listed in Report PSD-018-15 and any delegations be advised of Council's decision. 8-55 Municipality of Clarington Report PSD-018-15 Page 2 Report Overview Clarington acquired the lands at Bowmanville Marsh as part of the parcel expropriated from Port Darlington Harbour Company. The Central Lake Ontario Conservation owns the remainder of the Bowmanville Marsh and are currently undertaking work to improve the fish species and habitat in the marsh. The rehabilitation work involves work at the mouth of the marsh. Transferring the ownership to the conservation authority will help facilitate the work. 1 . Background 1.1 The Central Lake Ontario Conservation Authority approached the Municipality of Clarington with the concept of transferring lands that the Municipality owns at the mouth of the Bowmanville Marsh. 1.2 As per By-law 2011-011 the Municipality may transfer land with an "agency" providing that the municipal land is declared surplus and the public notified. 2. Bowmanville Marsh Restoration Plan 2.1 Bowmanville Marsh is suffering from long term impacts of Lake Ontario water level regulation; experiencing degraded water quality, lack of fish habitat and diverse vegetation and declining habitat conditions for amphibians and bird species. The project that the conservation authority is undertaking will improve the health of the marsh as outlined in Attachment 1. A similar project was carried out on Westside Marsh in the 2004-5 and the long-term monitoring of it has proven that the fish species and number of fish have greatly benefitted. 2.2 At this site, the water control barrier would enable the Conservation Authority to control water levels within the marsh to better facilitate restoration objectives. The water control structure will help to restrict undesirable fish species while enabling desirable ones to enter into the marsh area for breeding and feeding. 2.3 Conservation Authorities can construct water control structures on Authority owned lands; whereas the Municipality would be required to carry out an Environmental Assessment The Conservation Authority is currently undertaking the technical background studies required, have held a public open house and will be holding an additional information session this spring/summer. The steps involved in an Environmental Assessment are being carried out and all the necessary approvals will be sought by Central Lake Ontario Conservation. 3. Transfer of Land 3.1, The property at the mouth of Bowmanville Marsh where the marsh empties into the creek, was acquired by the Municipality as part of the expropriation of the west beach lands from the Port Darlington Harbour Company. The Municipal ownership does not extend into the creek which is in the ownership of the Port Darlington Harbour Company and integral to the operation of the Wigger's Custom Yacht operation and related companies. 8-56 � 6�Y 3 �, ten�. • _�•rP' .'�.i P•p•p{pP®f{ap YJsfl ��f.*,/�•AC e)a.- %' t{+ssd••d0• n•e+e+•�o''r'`z�kl Pam ��. - k p•p•p{p{as•• ♦ 0 a 4 a 't-�� - C'•+•••+{+•+f� .1fPWp 0"PO M t.epfYt CPSP",ye /�- �•+pP+p•+p•+p{+pfq i 4gPta6P•1 ►��♦f�pM•� • P { **C Zrsd�{{pi+�f�•i�+i \� C,��IP� pa{"p�+d•ilf�j psPp tPPP =%�� - - 1'.•ffp•p{p•{f• aC +spa' 9P p•{•�•ps*�e ae¢O - //!� - ..t +c°{•+�+i{{•{+�•••pt i eC►sf �e i••+�f�p s��pSi•fsw6{.�:e+{Y�\ -_ V..✓{p•{P+•a+O{P ++{•+fP+♦ t{ fs+•s+` 'ap sa i gM �f�•��•To. • �\ �o�• •gv dap �+ip•:•sp�s e��0-pf 4•+ •f+•� +• idJ\\ P+{4�- • N•-t'iP+p•{Pitt"J"+p •P pP pP pf p{ 4a at a � \ t'{si•`+.p s�pf'�..s.�•it y O•Ji \{af,. \p{bw•C�Ca.`�f'sm JJ*p _ f�P+S i•wr_*c f F` p`�•�4f�i+�i�s•••��s•gip\ ¢�++it( iG gtOipi s•Pppiyf•!{s�f•{PSPO f - r'�f9 •a�o 4a 30� Q,CSM1 f "�•+yt"f�f.y\ .. rie �4•�/ice ,6�6*PJ 4P +�Ppf ♦RP�� t. S-0 a ¢O•AF GF.• P+pt P•+N f •O P++d••t 4J�i{P<F f �M 4P t iPp>fp•Mt1 _.. a 4te Gv tY 4'• \•:� tw•?tJa 4R( IJ+•414f N+ - - fu3 k\ JtP"•Q-0+C ♦ t !D ?-sx9 a-.� /+it t �+*ems+•Ppf 1p•i+`i•�p6{�a - �wSP4 }.. fy6S� { U~p6 q p yif`'i i pl•p �\ p�T¢p6 Via; ♦ •,f p _ pt..0.dP4 • K40••1 1-pQQ Jfp�ia f. - �"��w may: f 6 T4 �/y�9at p� Afa y{s w• p1pt�P'f0`•S � Fd P� � - ..+i�, oE�4� t`�f\cct�ttC G.� %/• - `eRaa�.4`+opY `�`.""• +o ve•cPFx°J� l// �t/��t/Y6 p44 x� [T•'1..t � _ kd 0Y ,!r6aC0.4e"P j `�pl:•�' ♦ iY. M F I ffA• 1 'a•J•4 S C G 13, i • fg�� • a+ pad Ids±. �`e4�ftY o rp�°P`(•,' i �� j i a� p�� a 4 • � 1 8 Y T I d �.� � � / a of 11 11 •la • MISS \t\ Municipality of Clarington Report PSD-018-15 Page 4 3.3 The Conservation Authority and Municipality have worked jointly on the implementation of the Waterfront Trail; other environmental protection and enhancement projects such as the Westside Marsh Rehabilitation. 3.4 When the Municipality is purchasing or disposing of property, it is typically done so based on appraised values. In this case the lands proposed to be transferred have limited value on the open market because of their designation as environmental protection in the Official Plan and Zoning By-law. The transfer is between two public agencies both with the mandate of environmental protection; as such By-law 2011-011 exempts the transfer . from the requirement of an appraisal. The area proposed to be transferred is approximately one and a half hectares, with the majority submerged under water. 3.5 There will be some incidental costs for the transfer of the property. Survey costs will be borne by the Conservation Authority. Legal work and registration will be carried out by the Municipal Solicitor. The cost of the design and development of the control barrier and other rehabilitation project phases, including development of the walking trail, interpretation signage, canoe/kayak launch(es) will be borne by the Conservation Authority. Central Lake Ontario Conservation has secured significant funding commitments for this multi-year project and continues to pursue additional funding opportunities. 4. Memorandum of Understanding 4.1 To facilitate the ongoing work and relationship between the Conservation Authority and Municipality it is recommended that a Memorandum of Understanding be drafted to address the Conservation Authority's need to enter onto municipally owned lands to complete the control structure and marsh enhancement works. 4.2 The Memorandum will also address the ongoing working and future relationship with regard to the development of the Waterfront and Valleys 2000 trail system. There are portions of the Waterfront Trail on Conservation Authority lands that have been developed and are maintained by the Municipality. In the future it may be necessary to traverse some Conservation Authority lands to provide for the extensions to the north along Bowmanville and Soper Creeks. 5. Concurrence This report has been reviewed by Engineering Services and Legal who concur with the recommendations. 6. Conclusion Staff at the Municipality and Conservation Authority are recommending the transfer of the parcel shown in Figure 1 at the mouth of Bowmanville Marsh. The transfer of these lands would facilitate the rehabilitation plans the Conservation Authority has for the marsh while achieving the anticipated future development of the West Beach Park north of the parking lot. In addition, the Memorandum of Understanding will outline the working relationship and 8-58 Municipality of Clarington Report PSD-018-15 Page 5 future development of the Waterfront and Bowmanville Valley Trail system by the Municipality on Conservation Authority lands. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by`4�r4o� . ( �., J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379, extension 2407 or flangmaid(D_clarington.net Attachments: Attachment 1 —Project Description of Bowmanville Marsh Rehabilitation Works The following is a list of the interested parties to be notified of Council's decision: Chris Darling, CA Central Lake Ontario Conservation FL/sn 8-59 Attachment 1 to Municipality of Clarington Report PSD-018-15 Cxrztral Bowmanville a i Lake Onrorio . Consonation Restoration Proje ct- GenhWLake Crrtarlo Conservatfon Authonly(CLOCA)fs a local rnr unityb2sedenvircnme.rataI organization and one of 36 Conservation Arthofi fes across Ontario. We were established In 1958 with a mandate to eslaUsti and undertake progratm, to promote cornsetvatfon,restoration, development and management of natmal resources in pan'rirshio with real Municipalities and the Province. Our mission is to work towards the awareness understanding wise use and enhancement of our watershed resources for the benefit of the natural environment.As watershed managers, CLCCA has extensive knowkdge regaralrrag restoratlon of wetbrids and aquatic communities within ourJurlsdfctlon. K16(nave Lvern working with the community In the restoration of two focal Great Lakes coastal wetkind prcyects, Cranberry Marsh and Second Marsh and have developed a restoration strategy for M,cLaugh/Yr flay. Coastal Wetlands in Durham Region Great Lakes coastal wetlands are formed at the mouths of streams and rivers in hays along the shoreline. They are located in the transitional -� zone between the upland area and deeper lake waters. Wetlands like these are biologically rich and productive ecosystems that provide essential ecological and societal services. Because wildlife communities and their habitats have been monitored, we know wetland This monitoring program has allowed CLOCA to functions and values hgve been Impacted In systematically inventory, evaluate and assess Durham Region's coastal wetlands. key components of these ecosystems. The results help identify appropriate restoration Through the Durham Region Coastal Weiland measures end eValua$e the effectiveness {if Mcnitoring Project �R+�411MPp, we have been past restoration efforts. monitoring 15 coastal wetlands In the area since 2002, and 18 wetlands :since 2007. Data In 2014, CLOOA staff continue to prepare has been collected on the following hdlcators Wetland Conditions and Management Reports to determine the health of each of the wetlands: for a number of the coastal wetlands. These • fish reports document and synthesize monitoring Information collected to date, providing an •• birds assessment of wetland health to help direct amphibians • water levels future management recommendations. • water quality Coastal wetlands monitoring Involves a number • aquatic rnacroInvertebrates of stakeholders Including Environment Canada, sediment quality neighbouring Conservation Authorities and + submerged aquatic veejetation local volunteers who assist with collecting some ELF:-riparian vege-tation.and land LISP- of the data. 8-60 Bowmanville Marsh Habitat constructed frorn logs, root tads, coniferous brush and recycled Christmas trees to provide Restoration Project: Phase 1 fish with habitat to meet the requirements of their Aquatic Habitat Restoration frfe 'cycle, including spawning, nursery, rearing and feeding. The Bowmanville Marsh Habitat Restoration The tangled roots and branches provide paps Project focuses on conservation efforts to improve for fish to enter and hide.Rocks or cunderbloeks the fish community for the Bowmanville Marsh, can be used to weigh down the structures and a 33-hectare Provincially Significant coastal ensure that they remain at the bottom of the wetland located on the shores of Lake Ontario wetland. The final structures can be installed in in the Municipality of Clanngton whin the 65 ha the wetland daring the open water part of the Botie manvillefWestside Marshes Conservation year, or by constructing them on winter ice and Area,owned and managed by CLOCA., allowing theca to sink to the bottomwhen it melts. Monitoring data from the DRCWMP indicate that the fish community in Bowmanville Marsh Project Funding and has been stable and in fair to good condition Partnerships from 2002 to•2513.However,the fish community has low rfiversity and is dominated by the more We need your help! common, poor water quality tolerant species such as Brown Bullhead, Pumpkinseed,Spottail The Recreational f=isheries Conservation Shiner and Golden Shiner. There is a loan number of individual fish caught at this marsh Partnership Program administered by Fisheries and very few pisrivores (predator fish, which Habitat oceans Canada has approved the Aquatic are important to overall community duversit}f. Habitat Restoration Project to be eligible for �+5 The fish population is [united here by the lack $50,000 in matching funding. We are looking of structural habitat vegetation cover and to community partners to help us match that degraded water quality(CL-t�CA, 2df 3). funding (in-kind or financial) and move the project toward Implementation. The goal of the Bowmanville Marsh Habitat If you are interested in becoming a partner,either Restoration Project is to increase the aquatic through the donation of materials, technical health of the marsh.As part of a larger restoration expertise or financial donations, please contact project that will address the lack of vegetation our Aquatic Biologist. cover and water duality, we are proposing to initiate phase one, to Increase the productive Ian Kersey capacity of the fishery by installing complex ikelsey @cloca.com habitat structures in the Marsh. These will be 9,05-571-0411 ext 143 .f 3 8-61 Central UPDATE: La1wOntario Bowmanvilie Marsh Habitat Restoration Project Conwriadan February 2015 Phase 1 -Aquatic Habitat Restoration The workplan for Phase I includes, installing habitat features using natural Central Lake Ontario Conservation would installing such as logs, stumps, brush like to update our partners and and rocks. These will be assembled in a neighbours that Phase I Aquatic Habitat variety of ways to create underwater Restoration of the Bowmanvitle Marsh structures that will provide shelter, Habitat Restoration Project, will be nursery and feeding opportunities for the initiated this month alongside additional fish community. When you visit or drive in-marsh work to help support future by the Marsh, you can expect to see the phases of the project. contractors on the ice with large equipment moving materials into place and constructing these aquatic habitat - }--° features. As presented at the Public Information _- Centre hosted on July 10", 2014 at Bobby C's Dockside Restaurant, Phase I will be the first in a series of projects If you would like more information designed to improve overall health of regarding this project please contact Bowmanville Marsh as recommended by Mr. Ian.Kelsey,Aquatic Biologist with the Durham Region Coastal Wetland Monitoring Project Central Lake Ontario Conservation, 905-579-0411,ext. 143 or The focus will be to enhance the email: ikelsey0clora.com. sustainability and ongoing productivity of the recreational fishery in this wetland through the Recreational Fisheries Thank You To tier Project Partners Conservation Partnership Program Fisheries and Oceans Canada administered by Fisheries and Oceans St. Mary's Cement Company Canada. Canadian Woodland Contractors Inc_ KAPP Contracting Inc. Bowrnanville Marsh is a 33-hectare Municipality of Clarington Provincially Significant Coastal Wetland Nletrus Development located on the north shore of Lake Cosbum Giberson Landscape Architects Ontario in the Municipality of Clarington Kettleby Contracting within the Bowmanville/Westside Marshes TBG Landscape Inc. Conservation Area, owned and managed by Central Lake Ontario Conservation. What we do on the land is mirrored in the water www.cloca.com CLOCA/IMS AGAD6 LtA'SC2 5-62 • Clary n Operations Department 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: March 9, 2015 Report Number: OPD-002-15 Resolution: File Number: N/A By-law Number: Report Subject: Sidewalk Snow Removal and Clearing Recommendations: 1. That Report OPD-002-15 be received; and 2. That all interested parties listed in Report OPD-002-15 and any delegations be advised of Council's decision. 10-1 Municipality of Clarington Report OPD-002-15 Page 2 Report Overview The purpose of this report is to provide Council with the necessary information on the implications of implementing a new winter control service level to clear all municipal sidewalks within Clarington. 1. Background 1.1.At their regular meeting held on February 2, 2015, Council approved General Purpose and Administration Committee resolution #GPA-056-15, requesting that staff investigate and prepare a report on the cost to clear all municipal sidewalks in Clarington. 1.2. In accordance with Clarington By-law#93-144, winter sidewalk maintenance is currently the responsibility of every owner and/or occupant of property to clear away and remove any snow, slush or ice, from the sidewalks in front of, alongside, or at the rear of said property within 24 hours after a fall of snow, rain or hail. Similarly, the Municipality of Clarington maintains responsibility for winter maintenance on sidewalks that front onto parks, open space, hard surface walking paths, neighbourhood walkways and sections of sidewalk that provide direct access to schools. The municipality also offers a seniors snow removal program that provides service to residents in a household that are 65 years of age and over or individuals that have a medically certified condition that prohibits their ability to clear the windrow left on their driveway from the snowplough and the sidewalk fronting their home. 1.3.The sidewalk snow clearing and senior snow removal programs provided by the municipality are accommodated by the use of two (2) contractors. Each contractor is individually dispatched, as necessary, by call-out process when municipal staff are involved with a typical response to a winter event by sanding/salting and/or ploughing roadways. 2. Analysis 2.1. It is estimated that there are approximately 275 linear kilometers of sidewalk in Clarington which is present in both the urban areas and the outlying rural villages and hamlets. Of this total, approximately 52 kilometers is currently cleared by contractors fronting municipal properties while an additional 9 kilometers is maintained under the senior's snow removal program. The remaining 214 kilometers of sidewalk is located within the residential and business improvement areas and is currently required to be maintained by the owners and/or occupants of property subject to the conditions of Clarington By-law#93-144. 10-2 Municipality of Clarington Report OPD-002-16 Page 3 2.2.Clarington's snow clearing contractor currently uses four (4) pieces of equipment to fulfil contract obligations to maintain 52 kilometers of sidewalk while the senior's snow removal contractor utilizes two (2) pieces of equipment to manage 9 kilometers. 2.3.The efficiencies that can be calculated for each piece of equipment can be considered quite low due to the fact that the sidewalks are located in various parts of Clarington including Courtice, Bowmanville, Newcastle, Hampton, Enniskillen, Newtonville and Orono. In many cases, the geographical size of Clarington and the distance between sites requires that the equipment be loaded up and transported by float. 2.4.A review of the sidewalk snow clearing policies currently in place at the other municipalities within Durham Region confirms that each jurisdiction has a by-law that requires owners or occupiers of property to clear the adjacent sidewalks. Similar to Clarington, the maintenance focus provided by the other municipal programs is to only clear sidewalks located on main roads, on bridges, fronting parks or open space and on designated school routes. 2.5.An investigation of the sidewalk snow clearing practices from the Greater Toronto Area confirms that no consistent approach exists for this type or level of winter control service. Municipalities including the Town of Cobourg, Town of Whitchurch- Stouffville, City of Mississauga, Town of Milton, City of Brampton and the Town of Newmarket do not provide area-wide sidewalk snow clearing service. Other municipalities, however, that include the City of Markham, Town of Richmond Hill, City of Vaughan, Town of Aurora, Town of Oakville, City of Burlington, City of Toronto (excluding downtown), City of London and the City of Kawartha Lakes all provide full sidewalk snow clearing programs. 2.6.The City of London's snow clearing program is provided on a total of 1,460 kilometers of sidewalk. Service is completed using a total of 33 sidewalk tractors (9 city owned and 24 contracted) that are dispatched from 4 depot locations located throughout the City. The relatively compact size and urban density that exists within London allows for greater efficiencies and average sidewalk plough routes of 44 kilometers. Service levels that have been established for sidewalks provide for a snowpack condition and are based,on 8 centimeters of snow accumulation and an expected maintenance.timeline of 24-hours following the end of a snowfall. 2.7.The program provided by the City of Kawartha Lakes includes 170 kilometers of sidewalk within the municipality. The sidewalks within this very large municipality include the larger urban centres of Lindsay, Fenelon Falls and Bobcageon but also the rural settlements of Coboconk, Kirkfield, Kinmount and Norland. Service is provided within the urban centres with city staff and 5 pieces of equipment while the rural areas are managed by local contractors. Efficiency rates for equipment within the urban areas are estimated at approximately 20 kilometers per machine. Service levels are based on 10 centimeters of snow accumulation and a 24-hour timeline after the end of a snowfall. 10-3 Municipality of Clarington Report OPD-002-15 Page 4 2.8.The other municipalities that provide full sidewalk snow clearing service typically respond to each winter event, regardless of the depth of snow, by sanding/salting and, as necessary, ploughing sidewalk sections to ensure that they are safe and passable. Full sidewalk ploughing operations generally commence when snow accumulations reach between 5 to 8 centimeters with service timelines that vary between 12 to 72 hours after the end of a snowfall. The provision of sidewalk clearing can be further delayed beyond the normal service times when snowfall accumulations are heavier. 2.9. In general, the majority of the municipalities that provide full sidewalk snow clearing service have programs that have been in place for more than 10 years. 2.10.Consistently reported by all of the municipalities that provide full sidewalk snow clearing services are the following operational challenges: • sidewalks of non-standard width (less than 1.5 meters) will be difficult to service with mechanical sidewalk clearing equipment; • geographical distances between sidewalk locations greatly impact clearing efficiencies by requiring travel time or equipment to be floated around; • some residents will consider the service inadequate if snow accumulation continues after service has been provided or if service is not completed soon after the end of a snowfall; • damage to sodded boulevard areas will become a major issue that will require considerable staff time each spring season to repair; • landscape features or retaining walls that are illegally located on boulevards may result in claims, equipment damage or injuries to sidewalk plough operators. By- law enforcement will need to assist with the removal of these obstructions which may cause some opposition from residents; • complaints will be generated regarding windrows that have been left by the sidewalk plough after residents have cleared their driveways; • the scope of an area-wide program may limit the interest and also the ability of many contractors to provide the required number of pieces of equipment and the manpower necessary to meet expected levels of service for each call-out; 2.11.The operational challenges reported by the municipalities are also expected to be experienced in the municipality of Clarington if a program were to be introduced. 2.12.From a strictly operational perspective the only benefit that can be associated with the implementation of a municipal wide sidewalk snow clearing program is the added defence for joint and several liability. Although the sidewalk clearing program may not decrease the number of actual claims received by a municipality 10-4 Municipality of Clarington Report OPD-002-15 Page 5 the provision of a program that meets a reasonable standard of care may change the legal burden of proving enforcement of the conditions that are contained within the regulating by-law. 3. Options 3.1.By-law Enforcement The by-law enforcement option follows a status-quo scenario by continuing to require every owner and/or occupant of adjacent property to be responsible for sidewalk clearing. Recent amendments to Clarington's snow clearing By-law#93-144 have increased removal times for residents to reasonable limits of 24-hours following the end of a snowfall while internal policies for by-law enforcement procedures have also changed to ensure sidewalks are properly maintained and that risk is better managed by the municipality. 3.2.Snow Clearing of all sidewalks by Operations Department In order to provide winter control service on the estimated 275 kilometers of sidewalk and to remain in compliance with the conditions of Clarington's Snow and Ice Removal By-law, the Operations Department would be required to hire additional staff and purchase significant quantities of new equipment. Based on the experience from Various other municipalities and Clarington's existing contractors, it is estimated that at least 16 sidewalk clearing machines would be required, trucks and trailers, sand/salt supply units and a compliment of staff to manage the program that would effectively follow road ploughing operations 7 days a week at all hours of the day. Given that the additional staff would only be required through the winter control months from December to April it is possible that temporary employees could be utilized for this work. 3.3.Snow Clearing of all sidewalks by Contractors Contractors are currently responsible for clearing a total of approximately 61 kilometers of sidewalk within the municipality of Clarington. The addition of 214 kilometers of sidewalk represents a very significant change to the scope of the existing contracts. Given that an estimated additional 10 pieces of equipment and staff would be required to provide this contracted service it can be expected that a competitive bid process would be necessary to secure services for a longer term. Clarington's existing contracts for sidewalk snow removal and senior's snow removal expires on October 31, 2015. Although provisions exist in the current agreements that allow for two additional, one-year extensions, significant changes to the scope of work as outlined in this report would allow for the existing agreements to be terminated and new contracts re-tendered. i i 10-5 Municipality of Clarington Report OPD-002-15 Page 6 3.4.Snow Clearing of all sidewalks by Operations Department and Contractors Given the general reluctance of contractors to assume agreements of this size and nature, municipal wide service requirements could be split between a combination of in- house and contracted forces. Based on the complications that are associated with the large geographical area of Clarington ploughing routes for the sidewalks could be developed such that they maximize efficiencies for both service providers. Similar to option 2, whereby all sidewalks would be cleared by the Operations Department, a significant investment in equipment and manpower would still be required by the municipality to provide this service. 4. Financial Implications 4.1.By-law Enforcement No additional costs to the municipality are expected with the current status-quo option, however, funding requirements shall be expected to naturally increase with population growth, development and the construction of new sidewalk. Snow clearing complaints on sidewalks are typically assigned a higher priority level over other calls and require By-law officers to attend each location on two separate occasions. The first visit to inspect and, if necessary, to issue a notice to clear and a second follow-up visit to confirm compliance or to initiate contracted snow clearing services. 4.2.Snow Clearing of all sidewalks by Operations Department A significant investment in staffing and equipment resources will be necessary in order to provide the sidewalk snow clearing service in-house. It is estimated that at least sixteen (16) snow clearing units, eight (8) truck and trailer float combinations, four (4) sand/salt material filler trucks and at least 24 temporary staff will be required. Based on the equipment needs that are anticipated a capital expenditure of approximately $2,000,000, plus HST, will be necessary for the initial start-up. Human resources will also be required consisting of 24 temporary staff to operate the equipment for 40 hours a week over a sixteen (16) week period each winter season at a cost of approximately $300,000. The total estimated cost for the first year of operations would be $2,300,000, however, after the initial financial outlay the annual costs in the future would be relatively consistent representing expenditures for mainly labour. It should be noted that in addition to the initial set-up expenditures, further costs will also be incurred related to fuel, sand/salt materials, repairs, and routine maintenance for each piece of equipment. Longer-term replacement of the vehicles that would have an approximate lifecycle of 10 years has also not been factored into this option. 4.3.Snow Clearing of all sidewalks by Contractors The cost to provide contracted sidewalk snow removal service for the municipality can be estimated using the current 2014/2015 vendor rates. Based on a total length of 10-6 municipal sidewalk of 275,000 meters and existing service rates for clearing and Municipality of Clarington Report OPD-002-15 Page 7 sanding, the total cost would be approximately $24,750 for each winter event. On average, the municipality will request that the contractors respond to about 43 events each season. The total estimated annual expenditure would therefore be close to $1,100,000, plus HST. Historical expenditures for contracted sidewalk snow clearing services for the 61 kilometers of sidewalk have averaged approximately-$150,000 each year, however, a high was experienced in 2014 with an actual cost of$238,587.25. 4.4. Snow Clearing of all sidewalks by Operations Department and Contractors Following the model that has been used by the City of Kawartha Lakes and a number of other municipalities, sidewalk maintenance requirements could be split between the Operations Department and one or more private contractors. The division of the maintenance areas would be dependent on the extent of the capital and operating budgets that would be assigned for the purchase of new equipment and the hiring of temporary staff for the municipality. It can be expected, that the total cost for this type of hybrid service for the first year of operations would fall somewhere between the estimated costs outlined in options 2 and 3 above. This option would also allow flexibility for the municipality to reduce its future reliance on contracted services as additional pieces of equipment and staff could be phased-in over a number of years. 5. Concurrence This report has been reviewed by Anne Greentree, Municipal Clerk, and Nancy Taylor, Director of Finance who concur with the information provided. 6. Conclusion After review and analysis of the available options, it is clear that there will be a number of significant challenges involved with providing winter maintenance service on all sidewalks within Clarington. Although the implementation of a new winter maintenance program would likely be a service welcomed by many residents, others may consider the program very expensive and the use of tax dollars unnecessary. It should be noted that all dollar values are estimates only and may be subject to potential large variations depending on the option and the response in the marketplace. It is therefore respectfully recommended that Council receive for information the various sidewalk snow removal options as outlined in this report. i I 10-7 Municipality of Clarington Report OPD-002-15 Page 8 7. Strategic Plan Application Not Applicable. Submitted by: Reviewed by: Freda ick j. Horvath, Franklin Wu, B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations Staff Contact: Stephen Brake, Manager of Operations, 905-263-2291 ext. 541 or SBrake @clarington.net The following is a list of the interested parties to be notified of Council's decision: Peggy Brain FH/sb 10-8 Clarington Emergency 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: March 9, 2015 Report Number: ESD-001-15 Resolution: File Number: N/A By-law Number: Report Subject: Emergency Services Activity Report - 2014 Recommendations: 1. That Report ESD-001-15 be received for information. 11-1 Municipality of Clarington Report ESD-001-15 Page 2 Report Overview The Emergency Services Department is responsible for delivering fire suppression and emergency response, fire prevention and public education programs in accordance with the Fire Protection and Prevention Act. This report provides Council with an overview of the activities associated with the Department's Suppression and Emergency Response and Fire Prevention Division in 2014. 1. Fire Suppression and Emergency Response 1.1. Fire Suppression and Emergency Response Core Services Fire suppression services are delivered in both an offensive and defensive mode and include search and rescue operations, forcible entry, ventilation, protecting exposures, salvage and overhaul as appropriate. Emergency pre-hospital care is provided through medical acts such as defibrillation, standard first aid and cardio pulmonary resuscitation. Special rescue services includes performing extrication using hand tools, air bags and heavy hydraulic tools as required. Full time firefighters are trained in level 1 Basic Rope Rescue Techniques as determined by the Fire Chief. Water/ice rescue services is provided by those firefighters who are competently trained to perform the requested level of service as determined by the Fire Chief (up to level III if so trained). Highly technical and specialized rescue services such as Trench Rescue, Confined Space, HUSAR and Structural Collapse is provided to the Awareness Level. Defensive hazardous material emergency response is conducted to the operations level by the fulltime firefighters and awareness level by the part time firefighters. 1.2. Call Volume by Year Chart A illustrates Emergency Services call volume from 2010 —2014. Included in Chart A are statistics for Injuries, Fatalities and Dollar. 11-2 Municipality of Clarington Report ESD-001-15 Page 3 Note: Civilian and Fire Fighter injuries are reported for fires. Non fire injuries are reported for Fire Fighters only. Loss fires are defined as fires where an injury, fatality or dollar loss is reported. Chart A Year 2010 2011 2012 2013 2014 Call Volume 3277 3488 3411 3405 3483 Civilian Injuries 7 7 2 5 2 Firefighter Injuries 4 1 0 0 4 Fatalities 0 0 0 0 0 Dollar Loss $4,266,118 $5,002,550 $3,6851813 $2,995,046 $5,661,800 1.3. Call by Response Type Class Chart B be illustrates the percentage of calls by response type class for 2014. The five year average is in brackets 0% indicates that the % is less than 1. Chart B 12% 3% 5% Burning (controlled) 3% (2%) 5% 9% n CO False calls 5% (5%) False Fire calls 9% (9%) 5% ® Medical/resuscitator call 52% (54%) 2% Ei Other response 7% (75) 7% 11 Overpressure rupture/explosion 0% (0%) ■ Pre fire conditions/no fire 2% (2%) ■ Property fires/explosions 5% (4%) ® Public Hazard 5% (4%) 52% ■ Rescue 12 % (13%) 11-3 Municipality of Clarington Report ESD-001-15 Page 4 2. Fire Prevention Division 2.1. Fire Prevention Division Core Services Inspections arising from complaint, request, retrofit, or self-initiated and fire investigations shall be provided in accordance with the FPPA and policies of the department. New construction inspections and plan reviews of buildings under construction in matters respective of fire protection systems within buildings shall be conducted in accordance with the applicable By-law and operating procedures. Distribution of fire and life safety information and public education programs shall be administered in accordance with the FPPA and policies of the department. A residential Smoke Alarm awareness program shall be ongoing. 2.2. Fire Prevention Inspection and Investigation Activities Chart C illustrates the percentage of the reported 476 fire prevention activities in 2014. 0% indicates that the % is less than 1. Chart C 15% ■ Complaint Inspections 15% 28% ® Requested Inspections 15% Retrofit Inspections 0% 15% ® Self-Initiated Inspections 8% 0% o Fire Investigations 5% 8 o o New Construction Inspections 29% 5% ■ Plan Reviews of Buildings Under 29% Construction 28% 11-4 Municipality of Clarington Report ESD-001-15 Page 5 Staff participated in 25 fire investigations. 2.3. Distribution of Fire and Life Safety Information and Public Education Programs Chart D illustrates the percentage of the 169 public education activities in 2014. Chart D ° 7% 22% 16% 0/ Station Tours 16% ® School Visits 45% 19% Fire Safety House Visits 6% Public Events 21% 27/o o Safety Lectures 19% n Extinguisher Training Events 2% ■ Fire Truck Visits 2% 21% 6% ■ TAPP-C Attendance 7% Staff participated in 179 home visits as part of the Departments Smoke Alarm Program and CO Alarm Program. In 2014, the Junior Firefighter program had 200 participants. 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that this Report be received for information. 11-5 Municipality of Clarington Report ESD-001-15 Page 6 5. Strategic Plan Application Not applicable. Submitted by: -'�' C>=-°�� Reviewed by: Ile fiord Weir, Franklin Wu, Director of Emergency Services Chief Administrative Officer Staff Contact: Mark Berney, Deputy Fire Chief, 905-623-3379 ext. 2803 or mberney@clarington.net There are no interested parties to be notified of Council's decision. GW/mb 11-6 GaFftW11 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: March 9, 2015 Report Number: COD-004-15 Resolution: File Number: By-law Number: Report Subject: PURCHASING BY-LAW - UPDATE 2015 Recommendations: 1. That Report COD-004-15 be received; 2. That the updated By-law attached to this Report (Attachment 1) be passed; and 3. That any interested parties listed in Report COD-004-15 be advised of Council's decision. 14-1 Municipality of Clarington Report COD-004-15 Page 2 Report Overview To request authorization from Council to update the Purchasing By-law No. 2010-112. 1. Background In accordance with the Purchasing By-law the Purchasing Manager is required to undertake a comprehensive review of the Purchasing By-law every five years. The Purchasing By-law 2010-112 (Attachment 2) was last updated and approved by Council in 2010 with the recommended changes designed to meet departmental requirements and operational needs while ensuring effective controls. The proposed updated By-law (Attachment 1) repeals the existing By-law 2010-112. The Purchasing By-law outlines the authority for the procurement of goods including the following: • the authority and duties of the Purchasing Manager • the process for bid solicitation and awarding of contracts • the conditions under which goods and services can be sourced without a competitive process • purchasing limits and delegation of authority • compliance & completeness • pricing/cost. 2. Review process Proposed changes to the current by-law reflect changed circumstances such as the introduction of the Accessibility for Ontarians with Disabilities Act AODA, or streamlining resulting from comments received from those working with the by-law. Many of the changes are administrative and are incorporated to reflect efficiencies, comparative norms, or are just movement of clauses to better reflect the flow of processes. The few substantive changes are outlined below. It should be noted that the changes proposed in the By-law do not change the public sector accepted processes used to ensure a fair, transparent and competitive process. The significant changes being proposed are as follows: 1. The dollar threshold for issuing Purchase Order has been increased from $1,000 to $5,000. Note: This change is in keeping with limits used by other municipalities in Ontario. It will allow Purchasing Staff to focus on higher dollar value purchases and shorten the acquisition process. 2. The dollar threshold for a person authorized to make purchases by Purchase Order on behalf of either the Operation Department or the Emergency and 14-2 Municipality of Clarington Report COD-004-15 Page 3 Fire Services Department for vehicle parts to maintain the Corporation's vehicles has been increased from $7,500 to $10,000 Note: There has been an increase in price for vehicle parts and a growing demand for the shortest turnaround time for servicing emergency vehicles. 3. The AODA reference to incorporation of accessibility design criteria has been added in compliance with requirements under the Act. 4. Deletion of any reference to In-House bid within the By-law. Note: this clause has not been used, and is not considered reflective of the public tendering process. 5. Election related technology and equipment, and any consulting and support services directly related to such technology and equipment. Note: The Municipal Clerk has a responsibility to take reasonable measures to ensure that the requirements of the Municipal Elections Act, including the principles are successfully fulfilled. This means that greater flexibility is required in procuring technical equipment and systems, heavily relied on to execute the election, as well as any consulting and support services and supplies directly related to the systems and technology. Election technology is industry specific and although the features of the systems are often similar among the vendors, the reliability-and affiliated processes pertaining to the systems and equipment, as well as the knowledge, ability and reliability of the vendor representatives can be difficult to quantify as they are tried and tested both in the field and in the courts. 6. Deletion of any reference to AECOM from the By-law. Note: The Engineering Department is recommending that the process for procuring consulting engineering services be realigned to support the Department's growing capability to manage municipal infrastructure projects in-house, to provide a more flexible acquisition process that does not tie the municipality to a single service provider, and to allow the Department to engage consultants that can provide specific expertise on a timely basis, as needed. 7. The Engineering Department is recommending the addition of Engineering Services and Engineering Consulting Services to Schedule "A". Note: Changes to the by-law will minimize expense and limitations of the RFP process that may restrict project schedules and consume the Engineering Department resources. These changes will allow the Department to take full advantage of available consulting resources that are able to provide flexible, priority service based on specific Departmental needs. Where full project management of large infrastructure projects is required, the RFP process will continue to be utilized; however, where task-oriented services are required for projects that are being managed by the Department, the more flexible acquisition process will be utilized to 14-3 Municipality of Clarington Report COD-004-15 Page 4 engage consultants based on their competence, areas of expertise, reputation and past performance. The Department will continue to provide open and stringent ongoing evaluation of consultant services engaged through this method. 8. The Municipal Clerk's participation in the Tendering process has been removed, with her concurrence. The current process involves the Clerk in the Tender process, but the formal process for Requests for Proposals is entirely handled by the Purchasing Division; streamlining and standardizing both formal processes under the one department adds to efficiency, consistency and reflects common practice. 9. There has been a clarification to the wording of the by-law to reflect practice, where a bidder who defaulted on a contract may be considered ineligible to bid. Where the termination of the awarded contract is the appropriate action, the appropriate awarding authority is provided written notification. 3. Concurrence The Municipal Solicitor, Purchasing Manager, Director of Corporate Services and Director of Finance/Treasurer made up the review team, who incorporated changes requested and required updates to the proposed amended by-law. 4. Conclusion Overall, the general consensus is that the By-law facilitates efficient procurement processes and effectively meets the operating requirements of the Municipality's operating Departments while ensuring appropriate controls and accountability measures. It is respectfully recommended that the By-law attached to this report be passed. 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: �'�`'`'"` l tk i arano, H.B.Sc., A.M.C.T. Franklin Wu, Director of Corporate Services Chief Administrative Officer 14-4 Municipality of Clarington Report COD-004-15 Page 5 Staff Contact: David Ferguson, Purchasing Manager, ' 905.623.3379 Ext 2209 or dferguson@clarington.net Attachment: Attachment 1 — Proposed updated Purchasing By-law Attachment 2 — Purchasing By-law 2010-112 MM/DF/cb 14-5 Attachment 1 to Report COD-004-15 PURCHASING BY-LAW 2015-XXX Table of Contents Part1 —Interpretation...............................................................................................................3 Definitions...............................................................................................................................3 WordUsage............................................................................................................................5 Severability..............................................................................................................................5 References..............................................................................................................................5 Application...............................................................................................................................5 Part2—Authority......................................................................................................................6 Purchasing Manager Authority ................................................................................................6 ApprovalAuthority..........................................................................:........................................6 SigningAuthority.......................................................................................................................6 Part3— Bid Types and Limits..................................................................................................6 Purchasesunder$5,000 .........................................................................................................6 Informal Request for Quotation ($5,000 - $25,000)..................................................................6 Parts and Equipment Orders ($10,000)...................................................................................7 Formal Request for Quotation ($25,000- $100,000) ...............................................................7 Acquisitions over$100,000 .....................................................................................................7 RoutinePurchases..................................................................................................................7 Negotiations/Single/ Sole Source Purchases........................................................................7 Requestsfor Proposal.............................................................................................................8 Product Demonstrations and Information ................................................................................8 BidPre-Qualification................................................................................................................9 Bondsand Deposits................................................................................................................9 InitialBid Procedures ............................................................................................................10 List of Registered Bidders ...............................................................................................:.....10 Changesto Bids under Call...................................................................................................10 FormalBid Submissions........................................................................................................11 Withdrawalof Bids.................................................................................................................11 BidOpening ..........................................................................................................................12 Verificationof Bids.................................................................................................................12 Rejectionof Bids ...................................................................................................................13 BidCancellation ....................................................................................................................14 AbsoluteRight.......................................................................................................................14 14-6 Purchasing By-Law No. 2015-XXX Page 2 LocalPreference...................................................................................................................14 Approval Limits and Reporting (Excluding Consulting and Professional Services)....................15 CouncilRecess Procedures..................................................................................................15 Consulting and Professional Services ...................................................................................15 Co-Operative Purchasing......................................................................................................16 Pre-Budget Approval..............................................................................................................16 EmergencyPurchases..........................................................................................................16 Part 4—General Purchasing Policies....................................................................................16 DefaultBy Successful Bidder.................................................................................................16 FairWage Policy...................................................................................................................17 Conflictof Interest.................................................................................................................17 Accessand Disclosure..........................................................................................................17 Records Retention and Destruction.......................................................................................17 Complaintsand Inquiries.......................................................................................................18 Insurance ..............................................................................................................................18 PurchasingCards..................................................................................................................18 Disposalof Goods.................................................................................................................18 OverExpenditures..................................................................................................................18 Sustainability.........................................................................................................................18 Accessibility for Ontarians with Disabilities Act, 2005............................................................19 Part 5—General Provisions ...................................................................................................19 By-Law Review .....................................................................................................................19 Repeal...................................................................................................................................19 EffectiveDate........................................................................................................................19 Schedule «A"....................................................................................:......................................20 14-7 , 9 Purchasing By-Law No. 2015-XXX Page 3 If this by-law is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2015-XXX being a by-law to provide policies and procedures for the procurement of goods and services. WHEREAS pursuant to section 270 of the Municipal Act, 2009, the Corporation is required to establish and maintain policies with respect to its procurement of goods and services; and WHEREAS the Corporation wishes to procure goods and services in the most efficient and cost effective manner possible; and WHEREAS the Corporation is committed to ensuring that its procurement policies and procedures are fair, open and transparent. NOW THEREFORE the Corporation of the Municipality of Clarington hereby enacts as follows: Part 1 — Interpretation Definitions 1. In this by-law, "Acquisition" means the purchase of a Good and/or Service for use on a permanent or temporary basis; "Bid" means a Proposal, Quotation or Tender; "Bidder" is a Person who responds to a Bid Solicitation; "Bid Solicitation" means a request by the Corporation for Bids for the provision of Goods and/or Services through an RFP, RFQ or RFT; "CAO" means the Chief Administrative Officer of the Corporation or a designate; "Clerk" means the Municipal Clerk of the Corporation or a designate; "Committee" means the General Purpose and Administration Committee of Council; "Consulting and Professional Services" means services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, 14-8 Purchasing By-Law No..2015-XXX Page 4 bankers, auditors, brokers, soil consultants, real estate appraisers, Ontario land surveyors, web designers or any other consultant or professional, but does not include any consulting and professional services referred to in Schedule"A"; "Corporation" means The Corporation of the Municipality of Clarington; "Cost" means the actual cost of an Acquisition excluding taxes; "Contract" means an agreement between two or more Persons one of whom is the Corporation; "Council" means the Council of the Corporation; "Department" means a Department of the Corporation identified on the annual organization charts and reflected in the prevailing budget; "Department Head" means the Director of one of the Departments or a designate; "Disqualified Bidder" means a Bidder that has provided unsatisfactory Goods and/or Services to the Corporation and consequently had a Contract terminated or been notified by the Purchasing Manager that they are not eligible to submit a Bid; "Expression of Interest" or"EOI" means general market research used prior to a Bid Solicitation to determine if there is an interest in a proposed Acquisition; "Goods and/or Services" means any goods and/or services required by the Corporation other than (a) Consulting and Professional Services and (b) goods and/or services listed in Schedule"A"; "Local Board" means a local board (as that term is defined in the Municipal Act, 2001) of the Corporation; "Person" includes an individual, association, firm, partnership, corporation, union, trust, organization,trustee or agent, and their heirs, executors, administrators, successors and assigns; "Proposal" means an offer from a Bidder made in response to an RFP; "Purchase Order" means a Contract or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager; "Purchasing Manager" means the Purchasing Manager of the Corporation or a designate; "Quotation" means an offer from a Bidder made in response to an RFQ; "Request for Proposal" or"RFP" is a form of Bid Solicitation in which the Corporation invites one or more potential suppliers to submit proposals with respect to the supply of particular Goods and/or Services, which the Purchasing Manager in consultation with the Department Head, determines may be dependent upon non-price factors and may require negotiations between a Bidder and the Corporation before a Contract is made between them; 14-9 Purchasing By-Law No. 2015-XXX Page 5 "Request for Quotation" or"RFQ" is a form of Bid Solicitation in which the Corporation requests either informal quotations or formal quotations; "Request for Tender" or"RFT" is a form of Bid Solicitation in which the Corporation publishes the specifications,terms, conditions and details concerning a proposed Contract, and invites or advertises prospective Bidders to submit Tenders; "Responsive and Responsible Bidder" is a Person responding to a Bid Solicitation who complies with its provisions and who can reasonably be expected to provide satisfactory performance of a proposed Contract based on reputation, references, performance on previous contracts, and proof of sufficient financial and other resources; "Tender" means an offer received from a Bidder in response to an RIFT; "Treasurer" means the Director of Finance/Treasurer of the Corporation or a designate; and "Weighted Evaluation Criteria" means criteria that are taken into account when evaluating Proposals including qualitative, technical and pricing considerations. Word Usage 2. This by-law shall be read with all changes in gender or number as the context may require. 3. A grammatical variation of a defined word or expression has a corresponding meaning. Severability 4. Should any section or part of this by-law be held by a Court of competent jurisdiction to be invalid, the remainder of this by-law shall not be affected. References 5. In this by-law, reference to any Act, By-law or Policy is reference to that Act, By-law or Policy as it is amended or re-enacted from time to time. 6. Schedule"A" (Exempt Good and/or Services) is attached to and forms part of this by-law. 7. All references to dollar figures are Canadian dollars. 8. Unless otherwise specified, reference in this by-law to a clause, section or Schedule is to a clause, section or Schedule in this by-law. Application 9. This by-law shall not apply to the acquisition of any interests in real property. Such matters shall be governed by By-Law 2011-011. 10. This by-law shall not apply to the Acquisition of any Goods and/or Services listed in Schedule"A". 14-10 Purchasing By-Law No. 2015-XXX Page 6 Part 2—Authority Purchasing Manager Authority 11. The Purchasing Manager shall have the authority to act as agent of the Corporation for the purpose of acquiring all Goods and/or Services required by the Corporation. 12. The Purchasing Manager shall determine the method of Acquisition having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this by-law. Approval Authority 13. No employee of the Corporation shall have the authority to make or approve an Acquisition or award a Contract for any Good and/or Service unless funds for such Acquisition have been allocated in a budget approved by Council. If a recommended Bid is in excess of an approved budget limit but within the approval limits of this by-law, the Treasurer, after consultation with the-Department Head, must approve the source of additional funding. 14. Contracts shall not be split so as to circumvent the established method of purchase or the approval limits imposed by this by-law unless, in the opinion of the Purchasing Manager, after consultation with the Department Head, if it is deemed advantageous to acquire components of a major project through separate Contracts. Signing Authority 15. Authority to make or approve an Acquisition or award a Contract for any Good and/or Service includes the power to sign all documents necessary to effect the Acquisition. Where a Department Head or the CAO has the authority to sign a Contract, the Purchasing Manager may sign on their behalf. Part 3 — Bid Types and Limits Purchases under$5,000 16. Goods and/or Services not exceeding a Cost of$5,000 (excluding computers, software, computer accessories and cell phones) do not require the submission of a Purchase Order (unless one is required by the vendor) and may be purchased by individual Departments as required. However, if a term order or another form of Contract is established, then the Department'must purchase from the Contract vendor. Computers, software, computer accessories and cell phones must be ordered in coordination with the IT Division using a Purchase Order. Informal Request for Quotation ($5,000 -$25,000) 17. Subject to section 18, the Purchasing Manager shall have the authority to make Acquisitions for which the Cost is between$5,000 and $25,000 at the lowest available Cost, provided a minimum of three Quotations have been received where they are reasonably required and possible to obtain. 14-11 Purchasing By-Law No. 2015-XXX Page 7 Parts and Equipment Orders ($10,000) 18. 'Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order or by purchasing card on behalf of either the Operations Department or the Emergency and Fire Services Department may Acquire vehicle parts necessary to maintain the Corporation's vehicles provided the Cost of each separate Acquisition does not exceed $10,000. Formal Request for Quotation ($25,000 -$100,000) 19. The Purchasing Manager shall have the authority to make Acquisitions for which the Cost is between $25,000 and $100,000 at the lowest available Cost, provided where they are reasonably required and possible to obtain, at least three formal Quotations have been received and the lowest Responsive and Responsible Bid received is acceptable. Acquisitions over$100,000 20. Subject to sections 21, 22 and 24, Acquisitions that are anticipated to have a Cost in excess of$100,000 shall be made through an RFT. Routine Purchases 21. Where, in the opinion of the Purchasing Manager in consultation with the Department Head, a proposed Acquisition is of a routine and repetitive nature, and the Cost is anticipated to be more than an aggregate of$100,000 annually including multi-year contracts at$100,000 each year, the Purchasing Manager may obtain written Bids from suppliers and a Contract may be awarded. Where market conditions are such that price protection cannot be obtained for Goods and/or Services having an annual total value in .excess of$100,000, the Purchasing Manager may obtain competitive prices and Contracts may be awarded for short term commitments until such time as reasonable price protection and fair market pricing are restored. Negotiations/Single/Sole Source Purchases 22. In place of a Bid Solicitation, Goods and/or Services may be purchased through negotiation, single or sole source purchases where, in the opinion of the Purchasing Manager in consultation with Department Head, (a) the sources of supply are restricted to the extent that there is no effective price competition; (b) the purchase involves Goods and/or Services, (i) that are in short supply due to market conditions; (ii) for which there is no reasonable substitute or competitive product; or (iii) for which compatibility with an existing product is the overriding consideration; (c) the purchase involves specialized preassembled goods; (d) the Bid from the lowest Responsive and Responsible Bidder substantially exceeds the estimated Cost; 14-12 Purchasing By-Law No. 2015-XXX Page 8 (e) no Bid from a Responsive and Responsible Bidder is received and it is impractical to issue another Bid Solicitation; (f) the extension or reinstatement of an existing Contract would prove most cost- effective or beneficial to the Corporation; (g) the terms and conditions of a Proposal provide for negotiation with the selected Bidder; or (h) Council has specifically authorized an Acquisition through negotiation. 23. In the case of a Contract for a construction project, negotiations shall be conducted in accordance with the Canadian Construction Documents Committee (C.C.D.C.) Document 23 published by the Canadian Construction Association where expressly required by the provisions of an RFT. Requests for Proposal 24. Irrespective of the anticipated Cost, where the Purchasing Manager in consultation with the Department Head determines that a proposed Acquisition involves unique or complicated circumstances, the Acquisition may be made through the use of an RFP provided that, wherever reasonably required and possible to obtain, three Proposals have been received. 25. (1) In this section, "Two Envelope Method" means a procurement process in which, (a) a Bid is submitted in two separate envelopes, the first of which contains technical and qualitative information and the second of which contains price information; and (b) Weighted Evaluation Criteria are applied and the second envelope is opened only if the first envelope shows the Bidder to be qualified. (2) The Purchasing Manager, in consultation with the Department Head, may use an RFP process that utilizes a Two Envelope Method. 26. RFPs may be called by public advertisement or invitation to specific Bidders. 27. All RFPs shall be submitted in the prescribed form and delivered to the Purchasing Manager. 28. It is the Corporation's general policy to select the Proposal that best meets the requirements of the RFP based on Weighted Evaluation Criteria. Product Demonstrations and Information 29. No requests for prices or demonstrations for approved projects or programs above$5,000 shall be made without prior consultation with the Purchasing Manager. 30. Requests on behalf of the Corporation may be made by Department Heads for informal non-binding product and technical information, catalogues and price lists. Each Department Head shall provide the Purchasing Manager with such data, specification details and information relating to a proposed Acquisition, including the Corporation's 14-13 Purchasing By-Law No. 2015-XXX Page 9 approved budget prices. The Purchasing Manager shall obtain all binding or estimated prices provided by potential Bidders. Bid Pre-Qualification 31. (1) In this section, "Pre-qualification"means a procedure whereby a prospective Bidder satisfies the Corporation that it is capable of supplying a particular Good and/or Service as a condition of being allowed to submit a Bid. (2) If, in the opinion of the Purchasing Manager, Pre-qualification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been pre-qualified. Bonds and Deposits 32. All Bid deposits required as part of any Bid Solicitation shall be provided by certified cheque, bank draft or money order made payable to "The Corporation of the Municipality of Clarington" or cash and shall be enclosed in the same envelope as the Bid. Bid bonds shall be issued by a licensed surety company authorized to carry on business in Ontario, and shall be in an amount and in a form satisfactory to the Corporation. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified in the Bid Solicitation: Total Amount of Bid Minimum Bid Deposit Required $20,000.00 or LESS $1,000.00 $20,000.01 to$50,000.00 $2,000.00 $50,000.01 to-$100,000.00 $5,000.00 $100,000.01 to$250,000.00 $10,000.00 $250,000.01 to$500,000.00 $25,000.00 $500,000.01 to $1,000,000.00 $50,000.00 $1,000,000.01 to $2,000,000.00 $100,000.00 $2,000,000.01 or OVER $200,000.00 33. When the deposit of a performance bond and/or labour and material payment bond is a requirement of a Bid Solicitation, such bonds shall be, (a) in the amounts specified in the Bid documents; (b) issued by a licensed surety company authorized to carry on business in Ontario; (c) in a form approved by the Corporation; and (d) delivered by the Bidder to the Purchasing Manager prior to execution of the Contract. 34. Following the award of a Contract, all deposits that are in the form of certified cheques or cash, with the exception of the deposits supplied by the successful and next to successful Bidders in the case of a Contract award, shall be returned to the unsuccessful Bidders. Retained Bid deposits shall be held until the Contract is executed by the Corporation, unless otherwise determined by the Purchasing Manager. 14-14 Purchasing By-Law No. 2015-XXX Page 10 35. Following the cancellation of a Bid Solicitation, all deposits shall be returned to the Bidders. 36. If a successful Bidder fails to enter into a Contract, the Bid deposit shall be'forfeited to the Corporation. If a Bid bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained shall be forfeited to the Corporation. Initial Bid Procedures 37. If required, Bid Solicitations shall be advertised in the method deemed most appropriate by the Purchasing Manager which may include periodicals, newspapers and/or websites. 38. All closing times shall be established by the Purchasing Manager. 39. The Purchasing Manager shall supply to all prospective Bidders, (a) one copy of the official-Bid form; (b) one standard Bid envelope or label appropriately imprinted; and (c) all plans, specifications, profiles and other relevant information. 40. Where a fee is required for Bid documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise specified in the Bid Solicitation. List of Registered Bidders 41. Names, addresses (including e-mail addresses) and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 39 shall be recorded in order to facilitate distribution of addenda when necessary to change or cancel a Bid under call. Changes to Bids under Call 4.2. Interpretations of, or qualifications or changes to, a Bid Solicitation shall be made in the form of a written addendum. Addenda shall be necessary to revise, delete, substitute or add to a Bid under call. The Purchasing Manager shall approve the issuance of any addendum or the cancellation of a Bid Solicitation. 43. A copy of each addendum or a notice of posting of each addendum shall be forwarded to registered Bidders by facsimile or electronic mail and posted on the Corporation's website. 44. Where an addendum is released after the receipt of one or more Bids which, in the opinion of the Purchasing Manager, may affect a Bid, all Bids received and deposited prior to the Bid opening may be withdrawn and the Bidders shall be given a new set of Bid documents to be resubmitted in accordance with a further addendum. 45. The Purchasing Manager in consultation with the Department Head may cancel a Bid Solicitation either before or after Bids are opened. The procedure for the notification to Bidders set out in section 43 shall apply to a notice of cancellation. If a Bid is cancelled 14-15 Purchasing By-Law No. 2015-XXX Page 11 prior to opening, all Bids received after cancellation shall be returned unopened to the Bidders with notification of the cancellation. Formal Bid Submissions 46. The Purchasing Manager shall, (a) time and date stamp all Bids received; (b) refuse to accept any Bid that is not delivered prior to the closing time established for that Bid; (c) refuse to accept any Bid from a Disqualified Bidder; (d) record all accepted Bids in a Bid Register; (e) deposit all accepted Bids unopened in a suitable locked box; and (f) return unaccepted Bids unopened to the Bidder accompanied by a letter which states the reason(s)why the Bid was not accepted. 47. Where no return address is visible on the outside of a Bid that is delivered after the close of Bids, it shall be opened by the Purchasing Manager, a return address determined, the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in clause 46(f). Withdrawal of Bids 48. A Bid can only be withdrawn prior to the close of Bids. Requests to withdraw received following the close of Bids shall not be accepted. 49. Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Purchasing Manager. 50. All Tenders withdrawn prior to being deposited in the Tender box kept by the Purchasing Manager shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder.Withdrawal notices received after the Tender has been deposited into the Tender box shall, together with the confirmation of withdrawal, be placed in the Tender box. The Tender box shall not be opened to withdraw a Tender already deposited in it. These Tenders shall be dealt with at the Tender opening by announcing that the Tender was withdrawn. The Tender amount of the withdrawn Tender shall not be read out. 51. All withdrawn Tenders deposited in the Tender box shall be returned unopened following the Tender opening. 52. During a Tender opening at the conclusion of the reading out of Tenders for a particular RFT, the low Bidder may withdraw any of its remaining Tenders on other RFTs that are still unopened. Tenders withdrawn under this procedure cannot be reinstated. A written notice of withdrawal must be signed by the prospective Bidder. Such notice must specify the Contract which the Bidder desires to withdraw and must be handed to the Purchasing Manager before the reading out of the first Tender on the RFT to which it 14-16 Purchasing By-Law No. 2015-XXX Page 12 applies. The Purchasing Manager shall attach the withdrawal to the applicable Tender. The Bidder's name shall be read out and it shall be announced that the Tender has been withdrawn. The Tender Bid amount shall not be read out. Bid Opening 53. All Bids shall be opened by the Purchasing Manager. 54. Any interested person may attend a Tender opening. 55. Where two or more Tender openings are called for at the same time, the Tenders shall be opened in numerical order, with the lowest numbered Tender being opened first. 56. Where a Contract number or the author of a Bid cannot be identified, the Bid envelope shall be opened and the documents placed with the appropriate group of Bids. 57. Where a conflict exists between the envelope and its contents as to the Contract number, the Contract number on the Bid documents shall prevail. 58. When all Tenders have been sorted, opened and withdrawn Tenders segregated, the Purchasing Manager shall compare the number of Tenders opened to the number of Tenders recorded in the record of Tenders. Where a discrepancy exists, the opening procedures shall be delayed until all Tenders have been accounted for. 59. 'When all Tenders, RFPs and RFQs have been accounted for, the following information shall be publically available: (a) Tender, RFP or RFQ number and description; (b) Bidder's name; and (c) total Tender or RFQ amount. 60. All Bids shall be checked to determine that each Bidder has submitted one Bid only. Should more than one Bid be submitted, and no withdrawal notice has been received, the Bid with the latest time stamp shown on the envelope shall be deemed to have superseded the earlier Bid and the Bidder shall be bound by the contents of the more recent Bid. If surety bonds are required to be submitted with the Bid at the time of closing, and the Bidder has included the required surety bonds in the first envelope, the surety bonds may be deemed applicable to the Bid submitted in the second envelope. 61. Any Bid that does not appear on initial examination by the Purchasing Manager to satisfy the requirements of this by-law shall be marked "Improper Bid", but shall nonetheless be subject to further examination to determine whether it should be rejected pursuant to section 63. Verification of Bids 62. Every Bid shall be delivered to the Purchasing Manager who shall ensure that, (a) it complies with the Bid Solicitation requirements; 14-17 Purchasing By-Law No. 2015-XXX Page 13 (b) unit prices have been correctly extended; (c) extensions have been correctly totalled; and (d) applicable taxes have been calculated correctly. 63. Any extension errors, addition errors or incorrect tax calculations identified by the Purchasing Manager may be corrected. No corrections shall be made to unit prices or quantities. Rejection of Bids 64. After Bid opening, the Purchasing Manager shall reject any Bid from a Bidder who did not attend a mandatory pre-Bid meeting. 65. After Bid opening, the Purchasing Manager may accept or waive a minor and inconsequential irregularity, or where reasonable to do so, the Purchasing Manager may, as a condition of Bid acceptance, request a Bidder to correct a minor and, inconsequential irregularity with no change in Bid price. The determination of what is, or is not, a minor and inconsequential irregularity, the determination of whether to accept, waive, or require correction of an irregularity, and the final determination of the validity of a Bid, shall be at the Purchasing Manager's sole discretion. Without limiting the generality of the foregoing, the Purchasing Manager may reject a Bid if it, (a) is not submitted on the correct Bid form; (b) is not completed in ink, by typewriter or electronic processor or is illegible; (c) does not provide all entries for all unit prices referred to in the Bid Solicitation (unless otherwise specified in the Bid Solicitation) or is otherwise incomplete in any material respect; (d) includes any restrictive or conditional statement that alters the form or intent of the Bid; (e) is not signed by the Bidder with an original signature; (f) does not contain or acknowledge addenda; (g) is not accompanied by bonding documents or bid deposits where required; (h) contains an error that cannot be corrected in accordance with section 63; (i) was delivered in an envelope that was improperly sealed; 0) contains an improper or insufficient Bid deposit; (k) is unbalanced, meaning it contains lump sum or unit bid items that do not reflect reasonable actual costs plus a reasonable proportionate'share of the Bidder's anticipated profit, overhead costs, and other indirect costs; 14-18 Purchasing By-Law No. 2015-XXX Page 14 (1) is unclear because of erasures, overwriting, strike-outs and other similar alterations inserted into the Bid; (m) is from a Bidder or a subcontractor of a Bidder that has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against the Bidder or a subcontractor of the Bidder including arbitration or any association or union issues; (n) is from a Bidder that owes money to the Corporation including outstanding property taxes; or (o) is from a Bidder that is not in compliance with any of the Corporation's policies or regulatory by-laws including the Property Standards By-law. 66. Following the opening and recording of Bids, the record of Bids (including rejected Bids) shall be closed and the record signed attesting to that fact. Bid Cancellation 67. • The Purchasing Manager, in consultation with the Municipal Solicitor and the applicable Department Head, shall have the authority to cancel a Bid Solicitation either before or after the call has closed if, (a) a substantial change in the scope of work or specifications is required; (b) the Goods and/or Services requested no longer meet the Department's requirements; (c) the integrity of the procurement process has been compromised; or (d) the lowest Responsive and Responsible Bid exceeds the approved funding limit. Absolute Right 68. The Corporation shall have absolute discretion in the awarding of Contracts and retains the right to reject any or all Bids. Local Preference 69. (1) In this section, (a) "Local Bid" means a Bid submitted by a Bidder who operates a business within the Municipality of Clarington; and (b) "Regional Bid" means a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham. (2) If, in the opinion of the Purchasing Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. 14-19 Purchasing By-Law No. 2015-XXX Page 15 (3) Ontario's Discriminatory Business Practices Act, R.S.O. 1990, c.D.12 has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, ancestry, place of origin, sex, or geographical location of persons employed in or engaging in business. Accordingly, other than as noted in subsection (2), preference to a Local Bid or a Regional Bid shall not be given. Approval Limits and Reporting (Excluding Consulting and Professional Services) 70. The Purchasing Manager shall submit to the Department Head an analysis listing all Quotations and Proposals received with a recommendation for the Department Head's approval if the Cost of the Goods and/or Services does not exceed $100,000. 71. After consulting with the Department Head, the Purchasing Manager shall prepare a report to the CAO for approval if the Cost of the Goods and/or Services does not exceed $250,000. 72. The Purchasing Manager shall prepare a recommendation report to Committee if the Cost of the Goods and/or Services exceeds$250,000. Council Recess Procedures 73. (1) Notwithstanding section 72, where a matter which would have otherwise been submitted to Committee requires approval during any of Council's recesses, including elections,.the CAO shall be authorized to award the Contract if the Treasurer is of the opinion that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department. (2) The Purchasing Manager shall report all Contracts awarded under subsection (1)to Committee as soon as possible after the conclusion of the recess. (3) Council shall not vary any action or decision of the Contract awards made in accordance with this section. Consulting and Professional Services (Excluding Schedule "A" Exemptions) 74. Where it is estimated that the Cost of Consulting and Professional Services will be less than $30,000, the Department may obtain the services directly without issuing a Bid Solicitation. 75. Where it is estimated that the Cost of Consulting and Professional Services will be more than $30,000, the Purchasing Manager shall issue an RFP and, in consultation with the Department Head, shall submit a report to Committee providing a recommendation for award. 76. An external consultant who has entered into a Contract for consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from submitting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest shall be determined by the Purchasing Manager in consultation with the Department Head. This section shall not apply where a consultant has been requested to provide a budget estimate or general review and estimate for a potential Acquisition. 14-20 Purchasing By-Law No. 2015-XXX Page 16 77. Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation shall comply with this by-law. Co-Operative Purchasing 78. (1) In this section, Co-operative Purchasing means the participation of the Corporation with one or more public agencies, school boards, vendors of record (Provincial), hospitals or other public agencies in a Bid Solicitation. (2) Co-operative Purchasing shall be utilized when advantageous and practical. In the event of any conflict, the purchasing by-law and procurement practices of the municipality, school board, hospital or other public agency issuing the co-operative Bid shall take precedence over the provisions of this by-law. Pre-Budget Approval 79. Staff may proceed with pre-budget approval each January for the purchase of all light duty vehicles required by the Operations Department budgeted in that year, with the final award being subject to the reporting requirements of this by-law. Emergency Purchases 80. (1) In this section, "Emergency" means a situation or the threat of an impending situation which, in the opinion of the CAO or a Department Head, requires an immediate Acquisition to prevent serious delays, damage to a basic service, or to maintain or restore a basic service provided by the Corporation. (2) Emergency Acquisitions shall be made by the Purchasing Manager. In the absence of the Purchasing Manager, Emergency Acquisitions may be made by a Department Head. (3) All Emergency Acquisitions shall be confirmed through a Purchase Order and shall be reported to Committee through a report prepared jointly by the Department Head and the Purchasing Manager if the Cost exceeds$250,000 or an approved budget limit. Part 4— General Purchasing Policies Default By Successful Bidder 81. If a successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Contract may be awarded to the next lowest Bidder or cancelled. 82. If a successful Bidder defaults on an awarded Contract,the Purchasing Manager is authorized to take remedial action including termination of the Contract and all necessary steps to ensure completion of the project or continued service/supply. The Purchasing Manager, after consultation with the Department Head, may declare that any Bidder who has defaulted on a Contract is ineligible to submit a Bid on any future Contract even if the awarded Contract is not terminated. 14-21 Purchasing By-Law No. 2015-XXX Page 17 83. Should the Purchasing Manager determine that termination of the awarded Contract is the appropriate action in accordance with section 82, whoever awarded the Contract (Council, CAO or Department Head) shall be advised of the termination in writing. Fair Wage Policy 84. The Corporation has implemented a Fair Wage Policy on a trial basis applicable to industrial, commercial and institutional (ICI) Contracts with a value greater than $1,000,000. Bids for such Contracts shall be called in accordance with the policy. If the successful Bidder fails to adhere to the Fair Wage Policy, the remedies specified in the Policy shall be applied. Conflict of Interest 85. The participation of members of Council and employees of the Corporation in the procurement process shall be governed by, in the case of members of Council, the Council Code of Conduct and the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50 and, in the case of employees, by the Code of Ethics Policy E-1. 86. No employee or Council member shall benefit directly or indirectly from affiliation with the Municipality or show any favouritism to any Person in the procurement of any Goods and/or Services. 87. No Person shall offer incentives to any employee of the Corporation or member of Council. 88. (1) In this section, "Personal Purchase" means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation that is not required for the purposes of the Corporation or a Local Board. (2) No Personal Purchases shall be made by the Corporation for any Member of Council, member of a Local Board, or employees of the Corporation, unless specifically authorized. Access and Disclosure 89. No Corporation employee or any member of Council shall have access to or disclose any details regarding Bids except as permitted by this by-law and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56. 90. In the case of a Bid submitted in response to an RFP, only the total Bid amount for the successful responsive and responsible Bid shall be provided and only upon written request of any Person after completion of negotiations and award of the Contract. Records Retention and Destruction 91. Bid documents and related material shall be retained in a manner and for a period in accordance with the Municipality's Retention By-law No. 92-139. 14-22 1 Purchasing By-Law No. 2015-XXX Page 18 Complaints and Inquiries 92. All Bidder or potential Bidder complaints or inquiries, whether addressed to an elected official,the CAO, a Department Head or any member of staff shall be referred to Purchasing Services. Insurance 93. The Treasurer and the Municipal Solicitor shall review, as necessary, Contracts that include provisions relating to liability and insurance. Purchasing Cards 94. (1) In this section, "Purchasing Card" means a credit card issued by the Purchasing Manager in accordance with the Purchasing Card Policy. (2) Purchasing Cards may be used for all purchases as defined in the Purchasing Card Policy where the Goods and/or Services do not fall under the requirements of this by-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and at the request of the Department Head. The Purchasing Manager shall be responsible for the program outlined in the Corporation's Purchasing Card Policy. Disposal of Goods 95. The disposal of surplus or redundant goods of the Corporation shall be the responsibility of the Purchasing Manager. At least once each calendar year, Department Heads shall provide the Purchasing Manager with a list of such goods. The Purchasing Manager shall determine the appropriate method of disposal including sale, RFT, RFP, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager may periodically circulate a list of surplus or redundant goods to all Departments and Local Boards. Over Expenditures 96. Subsequent to a Contract award, the approval of any over expenditure for, (a) capital projects shall be in accordance with the Corporation's Capital Project Over Expenditure Policy H17; and (b) operating expenses shall be in accordance with the approval limits set out in this by-law and shall require consultation with the Purchasing Manager. Sustainability 97. In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, Acquisitions shall ensure that, wherever reasonably possible, specifications shall provide for expanded use of durable products, reusable products and products (including those used in services) that contain the maximum level of post-consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that 14-23 Purchasing By-Law No. 2015-XXX Page 19 Cost analysis is required in order to ensure that the products are made available at competitive prices. Accessibility for Ontarians with Disabilities Act, 2005 98. When procuring Goods and/or Services, the Corporation shall incorporate accessibility design criteria and features. Where applicable, procurement documents shall specify the desired.accessibility criteria to be met and provide guidelines for the evaluation of the proposals respecting those criteria. Part 5 — General Provisions By-Law Review 99. The Purchasing Manager in consultation with appropriate staff shall conduct a detailed review of this by-law no less frequently than every five years. Repeal 100. By-Law#2010-112 is hereby repealed. Effective Date 101. This By-law shall take effect on the date that it is passed by Council. By-law read a first, second and third time and finally passed this_day of March, 2015. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PER: Adrian Foster, Mayor PER: Anne Greentree, Municipal Clerk 14-24 Purchasing By-Law No. 2015-XXX Page 20 Schedule "A" EXEMPT GOOD AND SERVICES 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses C. Conventions d. Magazines e. Memberships. f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions I. Trainers (includes workshop&seminars) 3. Refundable Employee Expenses a. Advances b. Meal Allowances C. Miscellaneous—Non—Travel d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals C. Licenses (Vehicles, Software, Communications, etc.) d. Debenture Payments e. Insurance f. Grants and Agencies. g. Damage Claims h. Petty Cash Replenishment i. Land & Building Lease Payments made by Municipality j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices m. Day Camp or other similar Admission Fees n. Software or equipment maintenance agreements 5. Certain Professional and other Services a. Committee Fees b. Counselling Services C. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help 14-25 Purchasing By-Law No. 2015-XXX Page 21 g. Banking Services h. Legal Services i. Engineering Services and Engineering Consulting Services j. Newspaper, radio, TV advertising k. Policing I. Red Cross Supplies M. Web Design Usage Fee & penalties n: Payroll fees o. Employee Assistance programs 6. Utilities (including hedging agreements in accordance with the Hedging Policy as may be amended from time to time) a. Postage b. Water C. Hydro d. Gas (including hedging agreements) e. Telephones—excluding cellular f. Telecommunications infrastructure 7. Canadian National and Canadian Pacific Railways 8. Provincial and/or Federal Government Agencies or Crown Corporations 9. Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham Goods and/or Services 10. Election related technology and equipment, and any consulting and support services directly related to such technology and equipment. 14-26 Attachment 2 to Report COD-004-15 OFFICE CONSOLIDATION BY-LAW 2010-112 being a By-law to provide policies and procedures for the procurement of goods and services for the Municipality of Clarington and to repeal By-law 2010-100 and its amendments Passed by Council on: September 20, 2010 Amendment G ENDME AMENDIN BY LAW DATE AMNT D�TAILS� Y 'y 2012-080 Oct. 22, 2012 Adding the following Sections:69.1 and 69.2 Disclaimer.- The following consolidated by-law is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans,pictures, other graphics or text may be missing or altered. The Municipality of Clarington does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the Clerk's department. 14-27 . S Purchasing By-Law No. 2010-112 Page 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2010-112 being a by-law to provide policies and procedures for the procurement of goods and services. WHEREAS pursuant to section 270 of the Municipal Act, 2009, the Corporation is required to establish and maintain policies with respect to its procurement of goods and services; and WHEREAS the Corporation wishes to procure goods and services in the most efficient and cost effective manner possible; and WHEREAS the Corporation is committed to ensuring that its procurement policies and procedures are fair, open and transparent. NOW THEREFORE the Corporation of the Municipality of Clarington hereby enacts as follows: PART I -INTERPRETATION Definitions 1. In this by-law, "Acquisition"means the purchase of a Good and/or Service for use on a permanent or temporary basis; "AECOM Agreement" means the agreement between the Corporation and AECOM Canada Limited dated September 1, 2008 and any amendments to it; "Bid"means a Proposal, Quotation or Tender; "Bidder" is a Person who responds to a Bid Solicitation; "Bid Solicitation" means a request by the Corporation for Bids for the provision of Goods and/or Services through an RFP, RFQ or RFT; "CAO" means the Chief Administrative Officer of the Corporation or a designate; "Clerk" means the Municipal Clerk of the Corporation or a designate; "Committee" means the General Purpose and Administration Committee of Council; "Consulting and Professional Services" means services provided by architects,engineers, designers, environmental consultants, surveyors, management and financial consultants, bankers, auditors, brokers, soil consultants, real estate appraisers, Ontario land surveyors, web designers or any other consultant or professional, but does not include any consulting and professional services referred to in Schedule"A'; 14-28 Purchasing By-Law No. 2010-112 Page 2 "Corporation"means The Corporation of the Municipality of Clarington; "Cost'means the actual cost of an Acquisition, including freight charges and all applicable custom duties, term discounts and taxes (e.g. harmonized sales tax), unless otherwise specified in an RFP, RFQ or RFT; "Contract" means an agreement between two or more Persons one of whom is the Corporation; "Council"means the Council of the Corporation; "Department' means a Department of the Corporation identified on the annual organization charts and reflected in the prevailing budget; "Department Head" means the Director of one of the Departments or a designate; "Goods and/or Services" means any goods and/or services required by the Corporation other than (a) Consulting and Professional Services and (b)goods and/or services listed in Schedule"A'; "Local Board" means a local board (as that term is defined in the Municipal Act, 2001) of the Corporation; "Person" includes an individual, association, firm, partnership, corporation, union,trust, organization,trustee or agent, and their heirs, executors, administrators, successors and assigns; "Proposal" means an offer from a Bidder made in response to an RFP; "Purchase Order" means a Contract or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager; "Purchasing Manager" means the Purchasing Manager of the Corporation or a designate; "Quotation" means an offer from a Bidder made in response to an RFQ; "Request for Proposal"or"RFP" is a form of Bid Solicitation in which the Corporation invites one or more potential suppliers to submit proposals with respect to the supply of particular Goods and/or Services,which the Purchasing Manager in consultation with the Department Head, determines may be dependent upon non-price factors and may require negotiations between a Bidder and the Corporation before a Contract is made between them; "Request for Quotation"or"RFQ" is a form of Bid Solicitation in which the Corporation requests either informal quotations(section 8) or formal quotations(section 9); "Request for Tender"or"RFT" is a form of Bid Solicitation in which the Corporation publishes the specifications,terms, conditions and details concerning a proposed Contract, and invites prospective Bidders to submit Tenders; "Responsive and Responsible Bidder"is a Person responding to a Bid Solicitation who 14-29 . n. Purchasing By-Law No. 2010-112 Page 3 complies with all of its provisions and who can reasonably be expected to provide satisfactory performance of a proposed Contract based on his reputation, references, performance on previous contracts, and proof of sufficient financial and other resources; "Tender" means an offer received from a Bidder in response to an RFT; and "Treasurer" means the Director of Finance/Treasurer of the Corporation or a designate. Word Usage 2. This by-law shall be read with all changes in gender or number as the context may require. 3. A grammatical variation of a defined word or expression has a corresponding meaning. Severability 4. Should any section or part of this by-law be held by a Court of competent jurisdiction to be invalid, the remainder of this by-law shall not be affected. References to Legislation 5. In this by-law, reference to any Act, By-law or Policy is reference to that Act, By-law or Policy as it is amended or re-enacted from time to time. Construction 6. Schedule 1 is attached to and forms part of this by-law. 7. Unless otherwise specified, reference in this by-law to a clause, section or Schedule is to a clause, section or Schedule in this by-law. PART 2—BID POLICIES Informal Request for Quotation ($1,000-$25,000) 8. The Purchasing Manager shall have the authority to make Acquisitions for which the Cost is between $1,000 and$25,000 at the lowest available Cost, provided he has received a minimum of three Quotations. Formal Request for Quotation ($25,000 -$100,000) 9. The Purchasing Manager shall have the authority to make Acquisitions for which the Cost is between $25,000 and $100,000 at the lowest available Cost, provided at least three formal Quotations have been received and the lowest Responsive and Responsible Bid received is acceptable. 10. All Quotations for which the Cost is between $25,000 and $100,000 received shall be retained for inspection by the Treasurer for audit purposes. 14-30 Purchasing By-Law No. 2010-112 Page 4 Exceptions 11. Notwithstanding section 8 or 9, if, in the-opinion of the Purchasing Manager,three Quotations cannot be obtained having regard to the urgency of the purchase requisition and/or marketplace availability,then the Purchasing Manager shall be permitted to make an Acquisition having received less than three Quotations. Requests for Tender($100,000 and above) 12. Acquisitions that are anticipated to have a Cost in excess of$100,000 shall be made through an RIFT, unless Council otherwise directs. Routine Purchases 13. Notwithstanding section 12, where, in the opinion of the Purchasing Manager in consultation with the Department Head,-a proposed Acquisition is of a routine and repetitive nature, and the Cost is anticipated to be more than an aggregate of$100,000 annually including multi-year contracts at$100,000 each year, the Purchasing Manager may obtain written Bids from suppliers and issue a Purchase Order. Where market conditions are such that price protection cannot be obtained for Goods and/or Services having an annual total value in excess of$100,000, the Purchasing Manager may obtain competitive prices for short term commitments until such time as reasonable price protection and fair market pricing are restored. Requests for Proposal 14. Where the Purchasing Manager in consultation with'the Department Head determines that a proposed Acquisition involves unique and complicated circumstances for which there is no clear or single solution,the Acquisition may be made through the use of an RFP provided that, wherever possible, three Proposals have been received. 15. RFPs may be called by public advertisement or invitation to specific Bidders. 16. All RFPs shall be submitted in the prescribed form and delivered to the Purchasing Manager. 17. It is the Corporation's general policy to select the Proposal that earns the highest ranked score and meets the requirements of the RFP based on qualitative, technical and pricing considerations. Bid Pre-Qualification 18. (1) In this section, "Pre-qualification" means a procedure whereby a prospective Bidder satisfies the Corporation that he is capable of supplying a particular Good and/or Service as a condition of being allowed to submit a Bid. (2) If, in the opinion of the Purchasing Manager, Pre-qualification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been pre-qualified. 14-31 Purchasing By-Law No. 2010-112 Page 5 Bonds and Deposits 19. All Bid deposits required as part of any Bid Solicitation shall be provided by certified cheque, bank draft or money order made payable to"The Corporation of the Municipality of Clarington"or cash and shall be enclosed in the same envelope as the Bid. Bid bonds shall be issued by a surety approved by the Treasurer, and shall be in an amount and in a form satisfactory to the Treasurer. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified in the Bid Solicitation: Total Amount of Bid Minimum Bid Deposit Required $20,000.00 or LESS $1,000.00 $20,000.01 to$50,000.00 $2,000.00 $50,000.01 to$100,000.00 $5,000.00 $100,000.01 to$250,000.00 $10,000.00 $250,000.01 to$500,000.00 $25,000.00 $500,000.01 to$1,000,000.00 $50,000.00 $1,000,000.01 to$2,000,000.00 $100,000.00 $2,000,000.01 or OVER $200,000.00 20. When the deposit of a performance bond and/or labour and material payment bond is a requirement of a Bid Solicitation, such bonds shall be, (a) in the amounts specified in the Bid documents; (b) issued by a surety authorized to carry on business in Ontario and approved by the Treasurer; (c) in a form approved by the Treasurer; and (d) delivered by the bidder to the Purchasing Manager prior to execution of the Contract by the Corporation. 21. Following the award or cancellation of a Bid Solicitation, all deposits,with the exception of the deposits supplied by lowest and the second lowest Bidders in the case of a Contract award, shall be returned to the unsuccessful Bidders by registered mail or courier, or if picked up, receipt acknowledged in writing. Retained Bid deposits shall be held until the Contract is executed by the Corporation, unless otherwise determined by the Purchasing Manager. 22. If a successful Bidder fails to enter into a Contract, the Bid deposit shall be forfeited to and become the property of the Corporation.. If a Bid bond is deposited,.it may be called by the Treasurer and the amount of money thereby obtained shall be forfeited to and made the property of the Corporation. Initial Procedures 23. If required, Bid Solicitations shall be advertised in the method deemed most appropriate by the Purchasing Manager which may include periodicals, newspapers and/or websites. 14-32 Purchasing By-Law No. 2010-112 Page 6 24. All closing times shall be established by the Purchasing Manager. 25. The Purchasing Manager shall supply to all prospective Bidders, (a) one copy of the official Bid form; (b) one standard Bid envelope or label appropriately imprinted; and (c) all plans, specifications, profiles and other relevant information. 26. Where a fee is required for Bid documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise specified in the Bid Solicitation. List of Registered Bidders 27. Names, addresses(including e-mail addresses) and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 25 shall be recorded in order to facilitate distribution of addenda when necessary to change or cancel a Bid under call. Changes to Bids under Call 28. Interpretations of, or qualifications to, a Bid Solicitation shall be made in the form of a written addendum. Addenda shall be necessary to revise, delete, substitute or add to a Bid under call. The Purchasing Manager shall approve the issuance of any addendum or the cancellation of a Bid Solicitation. 29. A copy of each addendum or a notice of posting of each addendum shall be forwarded to registered Bidders by registered mail,facsimile, electronic mail, courier or hand delivery. 30. Where an addendum is released after the receipt of one or more Bids which, in the opinion of the Purchasing Manager, may affect a Bid, all Bids received and deposited prior to the Bid opening may be withdrawn and the Bidders shall be given.a new set of Bid documents to be resubmitted in accordance with a further addendum. 31. The Purchasing Manager in consultation with the Department Head may cancel a Bid Solicitation either before or after Bids are opened. The procedure for the notification to Bidders set out in section 29 shall apply to a notice of cancellation. If a Bid is cancelled prior to opening, all Bids received after cancellation shall be returned unopened to the Bidders with notification of the cancellation. Bid Submissions 32. The Purchasing Manager or, in the case of Tenders,the Clerk shall, (a) ensure that all Bids are in the correct envelope or have the correct label as supplied by the Corporation; 14-33 Purchasing By-Law No. 2010-112 Page 7 (b) ensure that all Bids are properly sealed and delivered prior to the closing time established for that Bid; (c) time and date stamp all Bids received; and (d) record all acceptable Bids in a Bid Register. 33. The Clerk shall, (a) not accept any Tender that does not comply with clause 32 (a) or(b) or that was delivered after the closing time; (b) deposit all acceptable Tenders unopened in a suitable locked box under her control; (c) advise the Purchasing Manager of any Tender that is not acceptable; and (d) return unacceptable Tenders unopened to the Bidder, accompanied by a letter which states the reasons(s)why the Tender was not accepted. 34, Where no return address is visible on the outside of a Bid that is delivered after the close of Bids, it shall be opened in the presence of the Clerk by the Purchasing Manager, a return address determined,the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in clause 33(d). Withdrawal of Bids 35. A Bid can only be withdrawn prior to the close of Bids. Requests to withdraw received following the close of Bids shall not be accepted. 36. Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Clerk. 37. All Tenders withdrawn prior to being deposited in the Tender box kept by the Clerk shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder. Withdrawal notices received after the Tender has been deposited into the Tender box shall, together with the confirmation of withdrawal, be placed in the Tender box. The Tender box shall not be opened to withdraw a Tender already deposited in it. These Tenders shall be dealt with at the Tender opening by announcing that the Tender was withdrawn. The Tender amount of the withdrawn Tender shall not be read out. 38. All withdrawn Tenders deposited in the Tender box shall be returned unopened following the Tender opening. 39. During a Tender opening at the conclusion of the reading out of Tenders for a particular RFT, the low Bidder may withdraw any of its remaining Tenders on other RFTs that are still unopened. Tenders withdrawn under this procedure cannot be reinstated. A written notice of withdrawal must be signed by the prospective Bidder. Such notice must specify the Contract which the Bidder desires to withdraw and must be handed to the Clerk before the:reading out of the first Tender on the RFT to which it applies. The Clerk shall attach the withdrawal to the applicable Tender. The Bidder's name shall be read out and 14-34 Purchasing By-Law No. 2010-112 Page 8 it shall be announced that the Tender has been withdrawn. The Tender Bid amount shall not be read out. Bid Opening 40. All Quotations and Proposals shall be opened by the Purchasing Manager. 41. All Tenders shall be opened by the Clerk and the Purchasing Manager. 42. Any interested person may attend a Tender opening. 43. -Where two or more Tender openings are called for at the same time, the Tenders shall be opened in numerical order, with the lowest numbered Tender being opened first. 44. Where a Contract number or the author of a Bid cannot be identified, the Bid envelope shall be opened and the documents placed with the appropriate group of Bids. 45. Where a conflict exists between the envelope and its contents as to the Contract number, the Contract number on the Bid documents shall prevail. 46. When all Tenders have been sorted, opened and withdrawn Tenders segregated, the Clerk shall compare the number of Tenders opened to the number of Tenders recorded in the record of Tenders. Where a discrepancy exists, the opening procedures shall be delayed until all Tenders have been accounted for. 47. When all Tenders have been accounted for, the following information shall be publically announced: (a) Tender number and description; (b) Bidder's name and location; (c) Tender deposit and bonding letter(if required); and (d) total Tender amount. 48. All Bids shall be checked to determine that each Bidder has submitted one Bid only. Should more than one Bid be submitted, and no withdrawal notice has been received,the Bid with the latest time stamp shown on the envelope shall be deemed to have superseded the earlier Bid and the Bidder shall be bound by the contents of the more recent Bid. If surety bonds are required to be submitted with the Bid at the time of closing, and the Bidder has included the required surety bonds in the first envelope,the surety bonds may be deemed applicable to the Bid submitted in the second envelope. 49. Following the opening and recording of Bids, the record of Bids shall be closed and the record signed attesting to that fact. 50. With the exception of the Clerk and the Purchasing Manager, no dialogue shall be permitted during the opening of Bids. 14-35 Purchasing By-Law No. 2010-112 Page 9 51. Any Bid that does not appear on initial examination by the Purchasing Manager to satisfy the requirements of this by-law shall be marked 'Improper Bid", but shall nonetheless be subject to further examination to determine whether it should be rejected pursuant to section 54, 55 or 56. Verification of Bids 52. Every Bid shall be delivered to the Purchasing Manager who shall ensure that, (a) it complies with the Bid Solicitation requirements; (b) unit prices have been correctly extended; (c) extensions have been correctly totalled; and (d) applicable taxes have been calculated correctly. 53. Any extension errors, addition errors or incorrect tax calculations identified by the Purchasing Manager may be corrected. No corrections shall be made to unit prices or quantities. Rejection of Non-Compliant Bids 54. A Bid shall be rejected if it, (a) is received after the Bid closing time; (b) is not submitted on the correct Bid form; (c) is not completed in ink, by typewriter or electronic processor; (d) does not provide all entries for all unit prices referred to in the Bid Solicitation (unless otherwise specified in the Bid Solicitation) or is otherwise incomplete in any material respect; (e) includes any restrictive or conditional statement that alters the form or intent of the Bid; (f) is not signed by the Bidder with an original signature; (g) does not contain or acknowledge substantive addenda that have an effect on price or specifications; (h) is not accompanied by bonding documents or bid deposits where required; or (i) contains an error that cannot be corrected in accordance with section 53. 14-36 Purchasing By-Law No. 2010-112 Page 10 55. A Bid shall be rejected if it does not comply with the specifications set out in the Bid Solicitation unless, in the opinion of the Purchasing Manager in consultation with the Department Head, the non-compliance does not materially impact the proposed Acquisition. 56. The Purchasing Manager may, in his sole discretion, accept or reject a Bid if, (a) the agreement to bond required by a Bid Solicitation has not been signed by the surety with his original signature; provided that if the Bid is accepted, the Purchasing Manager may allow a period of time to have the agreement to bond correctly signed by the surety; (b) the envelope is improperly sealed; (c) the Bid documents are illegible; (d) the envelope contains an improper or insufficient Bid deposit; (e) it is unbalanced, meaning it contains lump sum or unit bid items that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs; (f) non-substantive addenda have not been not submitted or acknowledged; (g) all erasures, overwriting, strike-outs and other similar alterations inserted in the Bid have not been initialled; (h) the Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder including arbitration or any association or union issues; (a) the Bidder owes money to the Corporation including outstanding property taxes; (b) the Bidder is not in compliance with any of the Corporation's policies or regulatory . by-laws including the Property Standards By-law; or (c) the Bidder has provided unsatisfactory goods and/or services to the Corporation and consequently had an agreement or service contract terminated. 57. Bids rejected in accordance this by-law shall be noted in reports as"Rejected"with an explanation but without the Bid price. Absolute Right 58. Except as may be otherwise expressly stated in a Bid Solicitation,the Corporation shall have absolute discretion in the awarding of Contracts and retains the right to reject any or all Bids. 14-37 Purchasing By-Law No. 2010-112 Page 11 Local Preference 59. (1) In this section, (a) "Local Bid" means a Bid submitted by a Bidder who operates a business within the Municipality of Clarington; and (b) "Regional Bid" means a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham. (2) If, in the opinion of the Purchasing Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. (3) Ontario's Discriminatory Business Practices Act has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, ancestry, place of origin, sex, or geographical location of persons employed in or engaging in business. Accordingly, other than as noted in subsection (2), preference to a Local Bid or a Regional Bid shall not be given. Negotiations 60. In place of a Bid Solicitation, Goods and/or Services may be purchased through negotiation where, in the opinion of the Purchasing Manager in consultation with Department Head, (a) the sources of supply are restricted to the extent that there is no effective price competition; (b) the purchase involves Goods and/or Services, (i) that are in short supply due to market conditions; (ii) for which there is no reasonable substitute or competitive product; (iii) for which compatibility with an existing product is the overriding consideration; or (iv) that must comply with standards adopted by Council; (c) the Bid from the lowest Responsive and Responsible Bidder substantially exceeds the estimated Cost; (d) no Bid from a Responsive and Responsible Bidder is received and it is impractical to issue another Bid Solicitation; (e) the extension or reinstatement of an existing Contract would prove most cost- effective or beneficial to the Corporation; 14-38 Purchasing By-Law No. 2010-112 Page 12 (f) the terms and conditions of a Proposal provide for negotiation with the selected Bidder; (g) Consulting and Professional Services are being purchased; or (h) Council has specifically authorized an Acquisition through negotiation. 61. In the case of an RFT for a construction project, negotiations shall be conducted in accordance with the Canadian Construction Documents Committee(C.C.D.C.) Document 23 published by the Canadian Construction Association where expressly required by the provisions of an RFT. Reporting Requirements 62. The Purchasing Manager shall submit to the Department Head an analysis listing all Quotations or Proposals received with a recommendation for the Department Head's approval if, (a) the value of the proposed Contract does not exceed $100,000.00; (b) the value of the proposed Contract does not exceed an approved budget limit; and (c) either(i)the recommended Quotation is from the lowest Responsive and Responsible Bidder, or(ii)the recommended Proposal earned the highest ranked score and met the requirements of the RFP based on qualitative, technical and pricing considerations. 63. After consulting with the Department Head,the Purchasing Manager shall prepare a report to the CAO for his approval if, (d) the value of the proposed Contract does not exceed $250,000.00; (e) the value of the proposed Contract does not exceed an approved budget limit; and (f) either(i)the recommended Tender or Quotation is from the lowest Responsive and Responsible Bidder or(ii)the recommended Proposal earned the highest ranked score and met the requirements of the RFP based on qualitative, technical and pricing considerations. 64. After consulting with the Department Head, the Purchasing Manager shall prepare a recommendation report to Committee if, (a) the value of the proposed Contract exceeds$250,000.00; (b) the value of the proposed Contract exceeds an approved budget limit; (c) the recommended Tender or Quotation is not from the lowest Responsive and Responsible Bidder; or 14-39 Purchasing By-Law No. 2010-112 Page 13 (d) the recommended Proposal did not earn the highest ranked score or meet the requirements of the RFP based on qualitative, technical and pricing considerations. 65. If the recommended Bid is in excess of an approved budget limit,the report to Committee shall identify the source of additional funding. 66. Upon approval of a Contract Award, the Purchasing Manager shall make the award and issue a Purchase Order or prepare a Contract in accordance with the conditions of the Bid Solicitation. Council Recess Procedures 67. (1) Notwithstanding section 64,where a matter which would have otherwise been submitted to Committee requires approval during any of Council's recesses, including elections,the CAO shall be authorized to award the Contract if, (a) the recommended Quotation or Tender is from the lowest Responsive and Responsible Bidder; (b) the recommended Proposal earned the highest ranked score or meet the requirements of the RFP based on qualitative,technical and pricing considerations; (c) the Treasurer is of the opinion that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department; and (d) the Department Head concurs with the recommendation. (2) The Purchasing Manager shall report all Contracts awarded under subsection (1)to Committee as soon as possible after the conclusion of the recess. (3) Council shall not vary any action or decision of the Contract awards made in accordance with this section. Execution of Contract 68. A successful Bidder shall be allowed ten working days from the date of mailing of the form. of Contract to execute and return the Contract to the Purchasing Manager. 14-40 Purchasing By-Law No. 2010-112 Page 14 Default By Successful Bidder 69. If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Contract may be awarded to the next lowest Bidder or cancelled. (1) If a successful Bidder defaults on an awarded agreement, the Purchasing Manager is authorized to take remedial action including termination of the agreement and all necessary steps to ensure completion of the project or continued service/supply. (2) Should the Purchasing Manager determine that termination of the awarded agreement be the appropriate action in accordance with ss. 69.1, Council shall be advised of the termination in writing. Co-Operative Purchasing 70. (1) In this section, To-operative Purchasing" means the participation of the Corporation with one or more public agencies, school boards, hospitals or other public agencies in a Bid Solicitation. (2) Notwithstanding the provisions of this by-law, Co-operative Purchasing shall be utilized when advantageous and practical. In the event of any conflict,the purchasing by- law and procurement practices of the municipality, school board, hospital or other public agency issuing the co-operative Bid shall take precedence over the provisions of this by- law. Prohibitions 71. No requests for prices or demonstrations for approved projects or programs shall be made without prior consultation with the Purchasing Manager. 72. (1) Purchase Orders shall not be split so as to circumvent the established method of purchase or the dollar limits imposed by this by-law. (2) Notwithstanding subsection (1), at the discretion of the Purchasing Manager, in consultation with the Department Head, if it is deemed advantageous due to short supply or time constraints, pre-bids for components of a major project may be obtained in accordance with this by-law. Consulting and Professional Services 73. Where it is estimated that the Cost of Consulting and Professional Services will be less than $30,000 and funds are allocated in the approved budget, the Department may obtain the services, provided that if the requested services are engineering or related services referred to in the AECOM Agreement, the Director of Engineering Services shall be consulted before the services are purchased. 74. Where it is estimated that the Cost of Consulting and Professional Services will be more than $30,000 and funds are allocated in the approved budget, the Purchasing Manager 14-41 Purchasing By-Law No. 2010-112 Page 15 shall issue an RFP and, in consultation with the Department Head,shall submit a report to Committee providing a list of Bid amounts received with a recommendation for award. 75. Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, an RFP is not required and the Contract may be approved by the Director of Engineering Services provided that it is based on an authorization approved by Council to acquire such Consulting and Professional Services. Where the Contract Cost exceeds$30,000, Council approval shall be required. 76. Where the requesting Department is the Planning Services Department and the Consulting and Professional Services are for the purpose of the preparation of an Environmental Study as referred to in Report PD-165-96, an RFP shall be issued on an as-needed basis and a subsequent roster of consultants as approved by Council shall be issued. Individual contracts for such services may then be approved by the Director of Planning Services. 77. An external consultant who has entered into a Contract for consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from soliciting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest shall be determined by the Purchasing Manager in consultation with the Department Head. This section shall not apply where a consultant has been requested to provide a budget estimate or general review and estimate for a potential Acquisition. 78. Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation shall comply with this by-law. Fair Wage Policy 79. The Corporation has implemented a Fair Wage Policy on a trial basis applicable to industrial, commercial and institutional (ICI) Contracts with a value greater than$1,000,000. Bids for such Contracts shall be called in accordance with the policy. If the successful Bidder fails to adhere to the Fair Wage Policy, the remedies specified in the Policy shall be applied. In House Bids 80. (1) In this section, "In House Bid" means a Bid made by a Department or Local Union or Association authorized by the CAO to make a Bid, submitted in response to a Bid Solicitation, where the provision of Goods and/or Services will be provided by the employees of the Corporation in competition with external entities for procurement opportunities, but does not include any comparison done by management of the Corporation for Cost analysis purposes of internal and external services. (2) In House Bids may be used for the procurement of Goods and/or Services in circumstances where the CAO considers it appropriate to do so. (3) In House Bids may be made by an internal Union or Association and shall be subject to the conditions of this by-law. 14-42 Purchasing By-Law No. 2010-112 Page 16 Requests for Product Information 81. Requests on behalf of the Corporation may be made by Department Heads for informal non-binding product and technical information, catalogues and price lists. Each Department Head shall provide the Purchasing Manager with such data,specification details and information relating to a proposed Acquisition, including the Corporation's approved budget prices.The Purchasing Manager shall obtain all binding or estimated prices provided by potential Bidders. Conflict of Interest 82. The participation of members of Council and employees of the Corporation in the procurement process shall be governed by, in the case of members of Council, the Municipal Conflict of Interest Act and, in the case of employees, by the Code of Ethics Policy H3. Records Retention and Destruction 83. Bid documents and related material shall be retained in a manner and for a period in accordance with the Municipality's Retention By-law No. 92-139. Complaints and Inquiries 84. All Bidder or potential Bidder complaints or inquiries,whether addressed to an elected official,the CAO, a Department Head or any member of staff shall be referred to Purchasing Services and dealt with in accordance with appropriate purchasing policy. PART 3—GENERAL PURCHASING POLICIES Purchasing Manager Authority 85. The Purchasing Manager shall have the authority to act as agent of the Corporation for the purposes of(a) issuing Bid Solicitation documents and requests for pre-qualifications;(b) soliciting expressions of interest in order to determine what goods and services are available, scope out business requirements, and/or estimate costs; and (c)signing all Purchase Orders and Contracts that are necessary to acquire Goods and/or Services in accordance with this by-law. 86. The Purchasing Manager shall determine the method of Acquisition having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this by-law. Insurance 87. The Director of Finance shall review all Contracts that include provisions relating to liability and insurance. Administration 14-43 Purchasing By-Law No. 2010-112 Page 17 88. The Purchasing Manager shall establish and maintain administrative procedures, standard practices and forms to implement this by-law, including the Purchasing Procedures Manual included in the Corporate Services Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Purchase Requisitions 89. Each Department Head shall submit to the Purchasing Manager a written request in the form of an "electronic purchase requisition"for any required Goods and/or Services or Consulting and Professional Services where the Cost exceeds$1,000. Department Heads shall be required to ensure that funds for any such requisition are included in an approved budget and that the appropriate accounting charge number is referenced in the requisition. Purchase Orders for such purchases shall be issued by the Purchasing Manager. 90. All electronic purchase requisitions shall be approved by an employee who is authorized to approve the requisition according to the signing authority limits established by the Treasurer. Emergency Purchases 91. (1) In this section, "Emergency" means a situation or the threat of an impending situation which, in the opinion of the CAO or a Department Head, requires an immediate Acquisition to prevent serious delays, damage to a basic service, or to maintain or restore a basic service provided by the Corporation. (2) Emergency Acquisitions shall be made by the Purchasing Manager. In the absence of the Purchasing Manager, Emergency Acquisitions may be made by a Department Head. .(3) All Emergency Acquisitions shall be confirmed through a Purchase Order and shall be reported to Committee through a report prepared jointly by the Department Head and the Purchasing Manager if the Cost exceeds$25,000 or an approved budget limit. Parts and Equipment Orders 92. Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order on behalf of either the Operations Department or the Emergency and Fire Services Department may issue a Purchase Order for vehicle parts necessary to maintain the Corporation's vehicles provided the Cost of each separate order does not exceed $7,500. Pre-Budget Approval 93. Staff are authorized to proceed with pre-budget approval each January for the purchase of all light duty vehicles budgeted in that year, with the final award being subject to the reporting requirements of this by-law. 14-44 Purchasing By-Law No. 2010-112 Page 18 AECOM Agreement 94. None of the provisions of this by-law is intended to or shall be deemed to affect any of the rights, obligations or responsibilities of the parties to the AECOM Agreement including the responsibilities of the official of the Corporation named in the AECOM Agreement. Disclosure 95. No Corporation employee or any member of Council shall disclose any details regarding Bids except as permitted by this by-law and the Municipal Freedom of Information and Protection of Privacy Act. 96. In the case of a Bid submitted in response to an RFP,the total Bid amount shall be . provided on written request of any Person only upon completion of negotiations and award of the Contract. Personal Purchases 97. (1) In this section, "Personal Purchase" means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation that is not required for the purposes of the Corporation or a Local Board. (2) No Personal Purchases shall be made by the Corporation for any Member of Council, member of a Local Board, or employees of the Corporation, unless specifically authorized. Purchasing Cards 98. (1) In this section, "Purchasing Card"means a credit card issued by the Purchasing Manager in accordance with the Purchasing Card Policy. (2) Purchasing Cards may be used for all purchases as defined in the Purchasing Card Policy where the Goods and/or Services do not fall under the requirements of this by-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and at the request of the Department Head. The Purchasing Manager shall responsible for the program outlined in the Corporation's Purchasing Card Policy. Disposal of Goods 99. The disposal of surplus or redundant goods of the Corporation shall be the responsibility of the Purchasing Manager. At least once each calendar year, Department Heads shall provide the Purchasing Manager with a list of such goods.The Purchasing Manager shall determine the appropriate method of disposal including sale, RFT, RFP, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager may periodically circulate a list of surplus or redundant goods to all Departments and Local Boards. Over Expenditures 100. Subsequent to a Contract award, the approval of any over expenditure shall be in accordance with the Corporation's Capital Project Over Expenditure Policy H17. 14-45 Purchasing By-Law No. 2010-112 Page 19 Sustainability 101. In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, Acquisitions shall ensure that, wherever reasonably possible, specifications shall provide for expanded use of durable products, reusable products and products (including those used in services)that contain the maximum level of post-consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that Cost analysis is required in order to ensure that the products are made available at competitive prices. PART 8—GENERAL PROVISIONS By-Law Review 102. The Purchasing Manager in consultation with appropriate staff shall conduct a detailed review of this by-law no less frequently than every five years. Repeal 103. By-Law#2010-100 is hereby repealed. 104. The"Execution of Contracts" Policy contained in Report TR-73-00 approved by Council on October 16, 2000 is hereby repealed. Effective Date 105. This By-law shall take effect on the date that it is passed by Council. By-law read a first, second and third time and finally passed this 20th day of September, 2010. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Original signed by PER: Jim Abernethy, Mayor Original signed by PER: Patti Barrie, Municipal Clerk 14-46 Purchasing By-Law No. 2010-112 Page 20 SCHEDULE"A" To By-Law#2010- 112 The items listed in this Schedule do not require a Purchase Order unless specifically requested by the Department Head or the vendor or supplier or by Purchasing for the purposes of records maintenance.and tracking, and for which other purchasing procedures of this by-law may be waived where application is impractical, in the opinion of the Purchasing Manager. 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses C. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions I. Trainers(includes workshop&seminars) 3. Refundable Employee Expenses a. Advances b. Meal Allowances C. Miscellaneous—Non—Travel - d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals C. Licenses(Vehicles,Software, Communications, etc.) d. Debenture Payments e. Insurance f. - Grants and Agencies g. Damage Claims h. Petty Cash Replenishment i. Land&Building Lease Payments made by Municipality j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices M. Day Camp or other similar Admission Fees n. Software or equipment maintenance agreements when provided by the software or equipment manufacturer/distributor. 5. Certain Professional and other Services a. Committee Fees b. Counselling Services C. Laboratory Services d. Nursing Services e. Physician Fees 14-47 Purchasing By-Law No. 2010-112 Page 21 f. Temporary Help g. Banking and Underwriting Services,where covered by Agreements h. Legal Services i. Engineering and Consulting Services provided for in the AECOM Agreement j. Newspaper, radio,TV advertising k. Policing I. Red Cross Supplies M. Web Design Usage Fee& penalties n. Payroll consulting fees o. Employee Assistance programs 6.1 Utilities(including hedging agreements in accordance with the Hedging Policy as may be amended from time to time) a. Postage b. Water C. Hydro d. Gas(including hedging agreements) e. Telephones—excluding cellular f. Cable television 6.2 Canadian National and Canadian Pacific Railways 6.3 Provincial and/or Federal Government Agencies or Crown Corporations 6.4 Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham goods or services 14-48 Clarftwn 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: March 9, 2015 Report Number: COD-005-15 Resolution: File Number: By-law Number: Report Subject: Review and Renewal of Corporate Purchasing Card Services Recommendations: 1. That Report COD-005-15 be received; 2. That the Municipality of Clarington, at no charge to the Municipality, enter into a Client Supplier Agreement with the Bank of Montreal (BMO) for Corporate Purchasing Card Services in accordance with all terms and conditions of the Ontario Education Collaborative Marketplace (OECM) Master Agreement that expires May 31, 2018, with an optional two- year extension; and 3. That any interested parties listed in Report COD-005-15 and any delegations be advised of Council's decision. 14-49 Municipality of Clarington Report COD-005-15 Page 2 Report Overview To inform Council of the update to the Purchasing Card Services Program and the award of a contract to BMO for the renewal of Corporate Purchasing Card Services, providing an opportunity to earn revenue for expenditures related to normal operations. 1 . Background The Purchasing card program initially started in 2003 through an open RFP process, and is identified in the purchasing by-law. The Purchasing Manager has been reviewing the program, and looking into new opportunities for efficiencies and potential revenue. In December 2012, the Ontario Education Collaborative Marketplace (OECM) issued a RFP for an update to their Purchasing Card Program. An award was made to BMO in June 2013. Participation in this RFP is open to the Broader Public Sector (BPS). The OECM Agreement with BMO is valid until May 31, 2018, with an optional two-year extension. OECM is a not for profit/non share corporation, partially funded by the government of Ontario and governed by a Board of Directors representing publicly funded education institutions. All OECM agreements meet the mandatory requirements of the BPS Procurement Directive. They are primarily designed for Ontario's publicly funded educational institutions but are also available to the BPS organizations and Municipalities. Currently, the Municipality of Clarington maintains 126 Purchasing Cards; it provides for efficiency in time and receipt of normal operating goods and services. The present Purchasing Card provider is US Bank and has been providing this service to the Municipality of Clarington since 2003; they have not offered revenue opportunities through the original agreement. 2. Analysis & Program Renewal Purchasing Cards, also known as "PCards" are all credit cards issued by a service provider to approved Municipal employees with specific controls and limits enforced for use, while doing business for the Municipality. A Purchasing Card policy is in place to monitor usage and compliance. Prior to obtaining a PCard, Municipal employees are required to sign a Cardholder Agreement to confirm they will comply with the Purchasing Card policy and the responsibilities outlined in the Cardholder Agreement. Some of the features of the BMO Purchasing Card include: • Increase in reporting Management • Transaction and spending analysis • Monitoring of PCard activity • Training on use of PCard • Rates and rebates based on total spend of other participants rather than just the spend by the Municipality of Clarington • Improved timeliness of supplier payment • Country, vendor and commodity blacking 14-50 Municipality of Clarington Report COD-005-15 Page 3 • Compatibility with our existing system • Fraud detection In addition to using the card for low dollar purchases, there are other opportunities where the use of BMO Purchasing Cards could be a beneficial method for the cost effective and efficient procurement for high volume goods and service which in addition to timely payment of supplier, would allow the Municipality to take advantage of prompt payment discounts and additional rebates based on spend. The BMO Master Agreement has provisions for either party to terminate the agreement should it be required. Due to the confidential nature of the agreement, details will not be circulated. 3. Financial Consideration & Revenue Opportunity There is no cost to the Municipality of Clarington to enter into the Client Supplier Agreement with BMO and distribute the BMO Purchasing Cards to Municipal employees. There is however, an opportunity for revenues in the form of rebates, which are based on total spending between all participants in the RFP. This is a new opportunity for revenue to be earned; it is anticipated that between $7,000 to $9,000 per annum might be earned. 4. Concurrence This report has been reviewed by Nancy Taylor, Director of Finance/Treasurer, who concurs with the recommendations. 5. Conclusion The Municipality of Clarington, at no cost to the Municipality, proposes renewal of the Purchasing Card Services Program by entering into a Client Supplier Agreement with BMO for a Purchasing Card Service in accordance with terms and conditions of the Ontario Education Collaborative Marketplace Master Agreement that expires May 31, 2018, with an optional two year extension. This is essentially a normal operating agreement which will be awarded by the Purchasing Manager; however it is presented here for information and awareness of the new opportunity to earn revenue. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. 14-51 Municipality of Clarington Report COD-005-15 Page 4 Submitted by: Reviewed by: rie Marano, H.B.Sc., A.M.C.T. Franklin Wu, Director of Corporate Services Chief Administrative Officer Staff Contact: David Ferguson, Purchasing Manager, 905.623.3379 Ext 2209 or dferguson@clarington.net MM/DF/cb 14-52 Ciarftwn 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: March 9, 2015 Report Number: COD-006-15 Resolution: File Number: CL2015-1 By-law Number: Report Subject: Bridge & Culvert Repairs Recommendations: 1. That Report COD-006-15 be received; 2. That All Services Inc., Courtice, Ontario with a total bid amount of $301,932.10 (net H.S.T. Rebate) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2015-1 be awarded the contract for the Bridge and Culvert Repairs.as required by the Municipality of Clarington, Engineering Department; 3. That the total funds required in the amount of$332,500.00 (net HST Rebate) including construction cost of$301,932.10 and $30,567.90 contingency be drawn from the following accounts: Structures Rehabilitation 110-32-330-83275-7401 (2014) $ 235,000.00 Roadside Protection Program 110-32-330-83338-7401 (2014) $ 88,000.00 Bridge Maintenance 100-36-380-10200-7112 (2014/15) $ 9,500.00 4. That all interested parties listed in Report COD-006-15 and any delegations be advised of Council's decision. II 14-53 Municipality of Clarington Report COD-006-15 Page 2 Report Overview To request authorization from Council to award the contract for the Bridge and Culvert Repairs as required by the Municipality of Clarington's Engineering Department. 1 . Background Tender specifications were provided by Engineering Department for the Bridge and Culvert Repairs. Tender#CL2015-1 was prepared and posted on the Municipality of Clarington's website. Notification of the availability of the document was posted on the Ontario Public Buyer's Association website and the Daily Commercial News. Twenty-seven companies registered as downloading the document.. The Tender closed Friday, February 13, 2015. 2. Bridge and Culvert Repair Three tenders were received in response to the tender call. Bids were reviewed and tabulated (see Attachment 1). All submissions were deemed to be compliant. After review and analysis of the bid the Engineering Department and Purchasing Services it was mutually agreed that the low bidder, All Services Inc. be recommended for the award of contract CL2015-1 for the Bridge & Culvert Repair work as required by the Municipality. All Services Inc. has completed several projects for the Municipality of Clarington in the past. 3. Financial and Budget Considerations The total project cost of$ 332,500.00 includes the construction costs of$301,932.10 (net H.S.T. Rebate), the total bid from All Services Inc., and project contingency of $30,567.90 net H.S.T. Rebate). Structures Rehabilitation $ 235,000.00 110-32-330-83275-7401 (2014) Roadside Protection Program $ 88,000.00 110-32-330-83338-7401 (2014) Bridge Maintenance $ 9,500.00 100-36-380-10200-7112 (2014/2015) 14-54 Municipality of Clarington Report COD-006-15 Page 3 4. Concurrence This report has been reviewed by Tony Canella, Director of Engineering Services, and concurs with the recommendations. 5. Conclusion It is respectfully recommended that All Services Inc. with the lowest compliant bid of $301,932.10 (net H.S.T. rebate) be awarded the contract for the Bridge & Culvert Repairs as per Tender CL2015-1. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: 6 Marie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer ancy a or, BVCP , 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 Attachment 2 — Memo from Engineering List of interested parties to be notified of Council's decision is on file in the Corporate Services Department. MM/DF/sm 14-55 Municipality of Clarington Attachment 1 to Report COD-006-15 lari� n Leading the Way Municipality of Clarington SUMMARY OF BID RESULTS Tender CL2015-1 BRIDGE & CULVERT REPAIRS Bidder Total Bid Total Bid (net HST Rebate) with HST included All Services Inc. $301,932.10 $335,282.30 Nick Carchidi Excavating Ltd. $317,453.92 $352,518.60 GMP Contracting Ltd. $506,388.08 $562,321.67 14-56 Attachment 2 to Report COD-006-15 MEMO TO: David Ferguson, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Capital Works DATE: March 2, 2015 RE: Bridge and Culvert Repairs - CL2015-1 The Engineering Services Department has reviewed the submissions for CL2015-1 and offers the following comments. The project includes the rehabilitation of various bridges and culverts throughout the Municipality, as noted in the table below. The sites were selected based on the findings of the annual bridge and culvert inspections. The repair work includes safety improvements and repairs to extend the serviceable live of the structures. Structure ID Road Location 98083 Concession Rd 5 0.20 km E of Reid Rd 98501 Lakeshore Rd 0.25 km E of Jaynes Rd 98534 Leskard Rd 0.02 km N of Concession Rd 7 99054-- -South--Service Rd- km-W-of Waverly-Rd-.- - - 99512 Concession Rd 3 0.08 km W of Lambs Rd 94017: King St 1.2 km E of Liberty'St 98043 Reid Rd 0.2 km N of Concession Rd 4 98523 Ochonski Rd 1.2 km N of Concession Rd 5 Based on past experience with this contractor, we recommend award of the contract to All Services Inc. in the amount of $335,282.30, inclusive of HST, or $301,932.10 net of HST'rebate. A contingency amount of approximately 10% of construction costs is being carried. Therefore, including contingencies and net HST costs, the Engineering Department advises of the following project cost breakdown. Funding for the project will come from 14-57 Bridge and Culvert Repairs, CL2015-1 2 March 2, 2015 the structures rehabilitation account, roadside, protection program account and the Operations bridge maintenance account. Construction Cost, Based on Low Bid (net of $ 301,932.10 HST) Contingencies (net of HST) $ 30,567.90 Total Cost $ 332,500.00 Budget Amount Structures Rehabilitation, 110-32-330-83275-7401 (2014) $ 235,000.00 Roadside Protection Program 110-32-330-83338-7401. (2014) $ 88,000.00 Bridge Maintenance, 100-36-380-10200-7112 (2014/2015) $ 9,500.00 Estimated Unexpended Budget $0.00 Additional Funding Required $0.00 A more detailed breakdown to be provided to Finance to provide necessary information for tracking of Tangible Capital Assets (TCA). Considering all costs, the project is within budget and the Engineering Dept recommends that the Purchasing Dept. move forward based on the above apportionments. Should you have any further questions, please feel free to contact the undersigned. Regards, Ron Albright, P. Eng. Manager, Infrastructure and Capital Works RA/sb/dv Attachment Pc: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services Fred Horvath, Director of Operations 14-58 C) oa i E iniskille I N Tyrone , Jam: tcnaa+cn ird 4=1 8 g 1 116, Les % - M«wo.o It < CD :198534 �. -UYiQfAW11tN0• - _ r�irby/ '�S amaxaxowo w+uwx�uwo- r cn p 1 Hamton ' i ��,: •' , —r ✓ r-' '' TTJJ.� (GWI�IIOA01 .:�.NUT-YLnGD � . 2� CU.Cf39d1 IIMOO •tit -- 01 98523 ,S @ ea'e iwncw4 ' mnv�nx now. t y gOrono JI. ��' �.�� i v y "0980831}. = •• ` r•. y@ y 1 r99512nowo �" 8 } knnw "g 0980 3 "L 'r4 `,f' 7�' $i r,�.J is k ' .,�� `� Y� I Y' �...,". ..�.44•lccxwrua�CY =��+ 1 � j "� B 0 ma ! �1 ° � .. g - I'�� .";•\�I �• _�aasa:ox norm 9 094017" G`ouitice", 99054 �••1 n � � �+�._ ti►-xiamwrx� \ i a, \_ Browns III'e ��• Newtanyille Newca--"stleVllage •'S r ` �• ,�nxY� 117 Le DRAWN BY:E.L. BATE:Feb.26,201.5 ' f Bend BRIDGE AND CULVERT REPAIRS Culvert Repairs sa5o1 r �r_� c LOCATION PLAN ` �y@ - CL2015-1 ~ Bridge Repairs vl m Municipality of Clarington CL2015-1,Bridge and Culvert Repairs j w Bid Cost Apportionment 2-Mar-2015 ontract CL2015-1 Engineering Operations Comments Description Total Structures Roadside Bridge Rehab Protection Maintenance [Account Number/PO 110-'32-330- "110-32=330- 100-36=380= 83275-7401 83338-7401 10200-7112 onstruction Costs Contract CL2015-1 PART'A': GENERAL ITEMS $ 46,000.00 $ 32,568.00 $ 12144.00 $ 1,288.00 Pro-rated based on Parts B to N PART'B': ROADWORKS CONCESSION ROAD 5 $ 74,025.00 $ - 52,925.00 $ 18100'00 $ - PART'C': STRUCTURE 098083 CONCESSION ROAD 5 $ •66,410.00 $ 53,740.00 $ 12,670.00 $ - PART'D': STRUCTURE 098501 LAKESHORE ROAD CULVERT $ 10,900.00 $ 10,900.00 $ - •$ . - PART'E': ROADWORKS LESKARD ROAD), $ 29,575.00 $ 8,900.00 $ 20 675.00 $ - PART'F': STRUCTURE 098534 LESKARD ROAD CULVERT $- 3,500.00 $ 3,500.00 $ - $ - PART'G': STRUCTURE 099054 SOUTH SERVICE ROAD CULVERT $ 12,200.00 $ 12,200.00 $ - $ - PART'H': ROADWORKS CONCESSION ROAD 3 $ 9,050.00 $ 9,050.00 $ - $ - PART T: STRUCTURE 099512 CONCESSION ROAD 3 CULVERT $ 5,500.00 $ 5,500.00 $ - $ - PART V:ROADWORKS KING STREET $ 17,300.00 $ 2,500.00 $ 14,800.00 $ - PART W:STRUCTURE 094017 KING STREET BRIDGE $ 18,150.00 $ 18,150.00 $ - $ - PART'L':ROADWORKS REID ROAD $ 1,500.00 $ - $ - $ 1,500.00 PART'M':STRUCTURE 098043 REID ROAD BRIDGE $ 2,000.00 $ - $ - $ 2,000.00 PART W:ROADWORKS(OCHONSKI ROAD) $ 3,600.00 $ - $ - $ 3,600.00 Sub-Total Construction Costs $ 296 710.00 $ 209,933.00 $ 78 389.00 $ 8,388.00 Net HST a,1.76%of Construction Costs $ 5,222.10 $ - 3,694.82 $ 1,379.65 $ 147.63 Total Construction Costs $ 301,932.10 $ 213,627.82 $ 79,768.65 $ 8,535.63 Other Costs 10.0% Contingencies including net HST $ 30,567.90 $ 21,372.18 $ 8,231.35 $ 964.37 Adjusted for rounding Total Other Costs $ 30,567.90 $ 21,372.18 $ 8,231.35 $ 964.37 fButjdq Project Cost Incl.Net HST $ 332,500.00 $ 235,000.00 $ 88;000.00 $ 9,500.00 t $ 33 2,500.00 $ 235,000.00 $ 88,000.00 $ 9,500.00 (Over/Under $ _ $ _ $ $ _ Clarbgton 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: March 9, 2015 Report Number: COD-007-15 Resolution: File Number: By-law Number: Report Subject: 2015 Day of Mourning Recommendations: 1. That Report COD-007-15 be received; 2. That Tuesday April 28, 2015 be proclaimed as the 2015 Day of Mourning, and 3. That permission be granted to lower the flag in 2015, and future April 28th dates, in recognition of workers who have been killed or injured. 14-61 Municipality of Clarington Report COD-007-15 Page 2 Report Overview To recognize the annual Day of Mourning on April 28th, the flags be lowered at the Municipal Administrative Centre. 1 . Background 1.1 The Day of Mourning is commemorated annually on April 28th It was initiated by the Canadian Union of Public Employees in 1984 to remember persons killed or injured in the workplace, and this date each year, is recognized on the Canadian Labour Congress website as a National Day of Mourning. 1.2 In 2012 because of several significant worker deaths in that year, the municipality undertook an extra step in commemorating the date by hosting an opportunity for the Durham Region Labour Council to speak publically at the cenotaph. In 2013 and 2014 although there was no express request by the Labour Council, the event was continued as a Municipal event, however the public attendance was limited at the Clarington site. The Durham Region Labour Council organizes an event at the cenotaph for injured and fallen workers in Oshawa as their main commemoration of the Day of Mourning for all of the Durham District, therefore a Clarington event may conflict with the formal recognition ceremony. The cenotaph was constructed by the Durham District Labour Council for commemorations; City of Oshawa staff do not participate in the event organization other than to provide the podium to the organizers for that date. 2. Proposal 2.1 The Durham Region Labour Council was contacted•to ask what their expectations are for recognition of that date in Clarington; similar to the proclamation of the PFLAG request approved on the March 2"d Council agenda, and as with many other publically recognized groups, they appreciate Council's proclamation of the date, and the lowering of the flag. The recognition is in keeping with common practice in other Municipalities. 3. Concurrence This report has been reviewed by the Director of Community Services, who concurs with the recommendations. 4. Strategic Plan Application Not applicable. 14-62 Municipality of Clarington Report COD-007-15 Page 3 Submitted by: Reviewed by: arie Marano, Franklin Wu, Director of Corporate Services Chief Administrative Officer Staff Contact: Not applicable MM/gj 14-63 Clarington 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: March 6, 2015 Subject: General Purpose &Administration Committee Meeting Agenda — March 9, 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, March 9, 2015: 6. Delegations See attached Final List. (Attachment#1) June Gallagher, Deputy Clerk J EG/mc c: F. Wu, Chief Administrative Officer Department Heads ATTACHMENT#1 TO i UPDATE MEMO e FINAL General Purpose and Administration Committee Agenda Date: March 9, 2015 i 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 February 23, 2015 4-1 (b) Minutes of a Special Meeting of February 27, 2015 4-25 5. Public Meetings (a) Application for a Proposed Zoning By-law Amendment and 5-1 Draft Plan of Subdivision Applicant: Averton Group Report: PSD-014-15 ! (b) Application for a Proposed Zoning By-law Amendment 5-3 Applicant: Jeffery Homes Inc. Report: PSD-015-15 i Corporation of The Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905-623-3379 i G.P. &A. Agenda 2 March 9, 2015 6. Delegations 6-1 (a) Oliver Ward, Manantler Craft Brewing Company Inc., Regarding Manufacturer's Limited Liquour Sales Licence Application Form (b) Heather Brooks and Chris Darling, Central Lake Ontario Conservation Authority, Regarding PSD-018-15, Land transfer to Central Lake Ontario Conservation at Bowmanville Marsh for Water Control Structure 7. Presentations I No Presentations 8. Planning Services Department (a) PSD-014-15 An Application by Averton Group to Develop 146 8-1 Residential Units (b) PSD-015-15 An Application by Jeffery Homes Inc. to Rezone 8-11 Lands in a Draft Approved Plan of Subdivision (c) PSD-016-15 Recommendation Report for a Rezoning Application 8-19 by Sharon Melville to Replace Two Existing Dwellings With One New Detached Dwelling Within the Floodplain of The Soper Creek (d) PSD-017-15 Proposed Applications by Pollux Development Inc. to 8-30 Permit a 115 Unit Residential Development (e) PSD-018-15 Land transfer to Central Lake Ontario Conservation at 8-55 Bowmanville Marsh for Water Control Structure 9. Engineering Services Department No Reports 10. Operations Department (a) OPD-002-15 Sidewalk Snow Removal and Clearing 10-1 I 11. Emergency and Fire Services Department (a) ESD-001-15 Emergency Services Activity Report — 2014 11-1 12. Community Services Department No Reports i I G.P. &A. Agenda 3 March 9, 2015 i 13. Municipal Clerk's Department No Reports 14. Corporate Services Department I (a) COD-004-15 Purchasing By-Law - Update 2015 14-1 (b) COD-005-15 Review and Renewal of Corporate Purchasing Card 14-49 Services (c) COD-006-15 Bridge & Culvert Repairs 14-53 (d) COD-007-15 2015 Day of Mourning 14-61 15. Finance Department No Reports 16. Solicitors Department No Reports 17. Chief Administrative Office No Reports 18. Unfinished Business 19. Other Business 20. Communications 21. Confidential Reports No Reports 22. Adjournment I I r Application By: Averton Group PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 146 RESIDENTIAL UNITS FILE NO.: 18T-95030 & ZBA 2014-0033 Clarington Planning Services Department Property Location Draft Approved Plan -1996 Amended Draft Plan 2014 Current Proposal 2015 Comments Public Input • Agency comments • Grading • Storm water • Thank you PUBLIC MEETING Application By: Jeffery Homes Inc. To rezone lands in a draft approved plan of subdivision. Clarington Planning Services Department Proposal Background and Context Public Notice and Comments Comments Public Two inquiries • from nearby landowners Clarington Engineering • Operations • Planning • l C��TFRFjF� Area Subject To By-law Amendment- ZBA 2015.0003 - r._ 1 Appendix A Historical Air Photo Chronology (1927-2012)for Bowmanville Marsh. r � t `'+ , P t r -: Owe z. rA Jt r • . .. .... _- -.„ - �4r.. �,• jai ,� � , �°�epp - .: �� '� 7 •`kk k '+'mot�,� a 's i b,•� S'i�, �itt�� - 1927 1931 1954 1967 1978 t :1. ` .,h� .. kF,.. - R �:�+ ��.� L}1 �,��--9i r„� ;. :'�� - � ��.1''. � 4�`E 7�y�,'�°':. .¢'`.4?"�,v;�� 6.- �i ,� ,•7:-._ * i�'- ,I ! ,-rho� •ieh+.c'y.1�yM�.., � sf?tse-, � "�,`i � .� f ya1'S. ..`,� ."�.��f 1( "�•��-- A b - r T C ! .._.}y_ _ �. 'rx� I •'41::1 •�, r _ _ t ; {{{ y� ��66�. �• `...� ,. M' 4 - i,�'^r'tk,-: .6. � z� �� E m.af. °.s,{ ,ffi !�;. '# '- s �' .•ty ``fi '!-'' T �'k* 1989 2002 2005 2008 2012 DRCWMP:Wetland Conditions and Management Report- Module 16: Bowmanville Marsh Page 20