HomeMy WebLinkAbout10/17/2005
qCJli!Jgton
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
OCTOBER 17, 2005
TIME:
9:30 A.M.
PLACE:
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a)
Minutes of a Regular Meeting of October 3, 2005
4.(a) PRESENTATIONS
(i) Norma Kennedy, Christian Horizons - invitation to a fundraising dinner
for the Christian Horizons.
(b) DELEGATIONS
(i) Clarington Library Board - regarding the Newcastle Library Branch
5. PUBLIC MEETINGS
(a) Proposed Taxi By-law
Report: CLD-040-05
(b) Proposed Peddlers By-law
Report: CLD-041-0S
(c) Application to Amend the Zoning By-Law 84-63
Applicant: Shell Canada Products Limited
Report: PSD-122-05
(d) Application to Amend the Zoning By-law 84-63
Applicant: Leslie D. Chatham
Report: PSD-123-05
301
501
502
503
505
CORPORATION Of THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
C.P. & A. Agenda
- 2 -
October 17, 2005
6. PLANNING SERVICES DEPARTMENT
(a) PSD-122-05 - Rezoning to Permit a Convenience Store Accessory 601
to a Motor Vehicles Service Station
Applicant: Shell Canada Products Limited
(b) PSD-123-05 - Rezoning to Permit 2 Single Detached Dwellings 606
Applicant: Leslie Chatham
(c) PSD-124-05 - Valleys 2000 611
Ongoing Fundraising and Financial Support
(d) PSD-125-05 - Application for Removal of Holding Symbol 615
Applicant: Port of Newcastle Marina Village Ltd.
(e) PSD-126-05 - Application for Removal of Holding Symbol 620
Applicant: Trulls Road Free Methodist Church
(f) PSD-127-05 - Monitoring of the Decisions of the Committee of 626
Adjustment for the Meetings of September 22 and
October 6, 2005
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-036-05 - Monthly Report on Building Permit Activity for
August, 2005
701
8. OPERATIONS DEPARTMENT
No Reports
9. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
10. COMMUNITY SERVICES DEPARTMENT
(a) CSD-013-05 - Durham Lives! Physical Activities - Youth Fitness 1001
Initiatives
(b) CSD-015-05 - Lakeridge Health Oshawa Cardiovascular Prevention 1004
and Rehabilitation Program
C.P. & A. Agenda
- 3-
October 17, 2005
11. CLERK'S DEPARTMENT
(a) CLD-040-05 - Proposed Taxi By-law
(b) CLD-041-05 - Proposed Peddlers By-law
12. CORPORATE SERVICES DEPARTMENT
(a) COD-054-05 - Confidential Report - Personnel Matter
13. FINANCE DEPARTMENT
(a) FND-015-05 - Handi Transit Grant
(b) FND-016-05 - Property Reassessment Update
14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
(a) ADM-005-05 - Corporate Health and Safety Program
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
17. ADJOURNMENT
1101
1134
1201
1301
1306
1401
General Purpose and Administration Committee
Minutes
October 3, 2005
Minutes of a meeting of the General Purpose and Administration Committee held on Monday,
October 3,2005 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Senior Planner, Development & Review, S. Ashton (until 9:50 am)
Manager, Transportation & Design, L. Benson
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Manager, Special Projects, F. Langmaid (until 1 0:30 am)
Director of Operations, F. Horvath
Planner, Community Planning, I. Little (until 10:30 am)
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Planner, Development & Review, T. Webster (until 9:50 am)
Director of Emergency Services, G. Weir
Deputy Clerk, A. Greentree
Clerk II, C. Doiron
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #GPA-374-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT the minutes of the regular meeting of the General Purpose and Administration Committee
held on September 19, 2005, be approved.
CARRIED
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General Purpose and Administration Committee
Minutes
October 3, 2005
DELEGATIONS
Delegations were heard later during the Public Meeting.
Mayor Mutton read a letter from Dennis Hefferon, Solicitor for the Municipality of Clarington
commenting on a legal opinion respecting Councillor MacArthur and the Conflict of Interest Act.
Councillor Schell chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject:
Applicant:
Report:
An Application to Amend the Zoning By-law 84-63
Zoning By-law Amendment to permit temporary golf course driving range
Gertrud Tomina
PSD-116-05
Susan Ashton, Senior Planner, gave a verbal report pertaining to Report PSD-116-05.
No one spoke in opposition to or in support of this application.
The applicant did not wish to speak regarding this application.
(b) Subject:
Applicant:
Report:
An Application to Amend the Zoning By-law 84-63 and to Amend Draft
Approved Plan of Subdivision
Rezoning and Amendment to draft approved plan of subdivision to permit the
development of 44 residential dwelling units
Halloway Holdings Limited
PSD-117-05
Tracy Webster, Planner, gave a verbal report pertaining to Report PSD-117-05.
Ron Hawkshaw, Legal Council for Scugog Development Inc. stated that his client is objecting to
the application because this application fails to address the street connection required by his
client. His client has an approved draft plan for property to the south, which was approved in 1990
based on the street connection.
No one spoke in support of this application.
Wayne Clarke stated he has no objections that the report be referred back to staff.
.2.
General Purpose and Administration Committee
Minutes
October 3, 2005
(c) Subject:
Report:
Proposed Heritage Conservation District Plan (Phase 2)
PSD-118-05
Faye Langmaid, Manager, Special Projects, gave a verbal report and a power point presentation
pertaining to Report PSD-118-05.
Timothy Leach, a resident of the proposed heritage designation area, spoke in opposition to the
application. Mr. Leach addressed four (4) issues. He feels that there will be added costs to the
Municipality if the home owner is not charged for the Heritage Designation permit. Historic
preservation guidelines are not straight forward, as the school could be demolished or left to be a
vacant building which could become a liability to the community. He feels that the preservation of
historic building is an art not a science and that every building should be considered a heritage
designation and not just those buildings that are, from today's perspective, attractive; the boring
buildings further add to the history of the area. Mr. Leach further stated that the home owners
should have the right to make decisions of how their homes should be maintained. Do not put
unrealistic or unreasonable expectations on the homeowners.
Rick James stated he was speaking on a middle of the road solution. He feels that the Heritage
Committee has developed and endorsed a proposed plan which is a compromising solution. Mr.
James gave the floor to Bill Humber. A copy of the proposal was distributed to the Committee
Members. Mr. Humber stated that the Heritage Committee asked Council to adopt the guidelines
as a resource document to be offered to and promoted within the neighbourhood. These guidelines
could form the basis of a public education strategy in concert with the Municipality to encourage
Municipal staff and homeowners to use the document when considering renovations of any kind.
They encourage the Municipality, as well, to accept the guidelines as a policy for public projects.
The intent is to create a cooperative heritage retention policy and the Heritage Committee believes
this proposal can be tested at minimal cost and risk. If in the future development pressures become
overwhelming, designation remains a possibility, but for now, this is an approach that they are
confident most people in the neighbourhood would accept.
Kim Goyne spoke in support of the proposal put forth by Rick James and Bill Humber. She feels
that there needs to be a solution to protect and enhance all amenities in our Municipality.
Dwight Groum a resident within the proposed designated area, reconfirmed his pleasure in the
agreement that has been reached between the neighbourhood groups. He asked why the
community cannot advertise themselves as a significant heritage community without being
designated.
Jeff Wills spoke in support of this application. He stated that there are some challenges to be
overcome respecting designation. The first challenge is the fear that insurance rates will increase
for homeowners in a heritage district. Mr. Wills stated that he has done some research and finds
that rates may go up on an individually designated property, however the suppliers did not state that
the rates would automatically increase for homes in a heritage district. The second challenge is tied
to the fact that the proposed area has retained its special character due to care taken by its
residents. He encouraged Council to make decisions based on legitimate information and proven
facts rather than perceived fears or unknowns.
- 3 -
General Purpose and Administration Committee
Minutes
October 3, 2005
PLANNING SERVICES DEPARTMENT
ZONING BY-LAW AMENDMENT TO PERMIT TEMPORARY GOLF COURSE DRIVING RANGE
APPLICANT: GERTRUD TOMINA
Resolution #GPA-375-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-116-05 be received;
THAT the rezoning application submitted by Gertrud Tomina, to permit the continuation of the
existing temporary driving range for an additional three (3) year period be approved;
THAT the amending By-law to Report PSD-116-05 be forwarded to Council for approval;
THAT a copy of Report PSD-116-05 and the amending By-law attached to Report PSD-116-05 be
forwarded to the Durham Region Planning Department; and
THAT all interested parties listed in Report PSD-116-05 and any delegations be advised of
Council's decision.
CARRIED
REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION TO PERMIT
THE DEVELOPMENT OF 44 RESIDENTIAL DWELLING UNITS
APPLICANT: HALLOWAY HOLDINGS LIMITED
Resolution #GPA-376-05
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Report PSD-117 -05 be received;
THAT the applications to amend Draft Approved Plan of Subdivision 18T -87087 and Zoning
By-law 84-63, submitted by Halloway Holdings Limited to permit the development of 44 residential
units be referred back to Staff for further processing and the preparation of a subsequent report;
and
THAT all interested parties listed in Report PSD-117-05 and any delegations be advised of
Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
October 3, 2005
PROPOSED BOWMANVILLE HERITAGE CONSERVATION DISTRICT HERITAGE
CONSERVATION DISTRICT PLAN (PHASE 2)
Resolution #GPA-377-05
Moved by Councillor Robisnon, seconded by Councillor MacArthur
THAT Report PSD-118-05 be received;
THAT the proposed Heritage Conservation District Plan be referred back to Staff for further review
and consideration of comments received at the Public Meeting; and
THAT any interested parties listed in Report PSD-118-05 and any delegations be advised of
Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE
MEETING OF SEPTEMBER 22, 2005
Resolution #GPA-378-05
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-119-05 be received;
THAT Council concurs with the decision of the Committee of Adjustment made on
September 22, 2005 for application A2005/038; and
THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of
the Committee of Adjustment made on September 22, 2005 for application A2005/038.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: RYAN REALTY SERVICES LTD.
Resolution #GPA-379-05
Moved by Councillor Pingle, seconded by Councillor Foster
THAT Report PSD-120-05 be received;
THAT the application submitted by Ryan Realty Services Ltd. , to remove the Holding (H) symbol be
approved and that the By-law attached to Report PSD-120-05 to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham; and
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General Purpose and Administration Committee
Minutes
October 3, 2005
THAT all interested parties listed in Report PSD-120-05 and any delegations be advised of
Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
OWNER: PRESTONVALE HEIGHTS LTD.
Resolution #GPA-380-05
Moved by Councillor Trim, seconded by Councillor Pingle
THAT Report PSD-121-05 be received;
THAT the request for removal of Part Lot Control with respect to Lot 121 on Registered Plan
40M-1929, be approved and that the Part Lot Control By-law attached to Report PSD-121-05 be
passed pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-121-05, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
STUDENT TRANSIT PASS AGREEMENT
REGIONAL TRANSIT PASS AGREEMENT
EXTENSION OF AGREEMENTS
Resol ution #G P A-381-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report EGD-034-05 be received;
THAT the original agreements dated September 1, 2003 as amended, be extended beyond the two
year trial periods;
THAT the Mayor and Municipal Clerk be authorized to execute the Student Transit Pass Agreement
between the University of Ontario Institute of Technology, Durham College, the Greater Toronto
Area Transit Authority, the Regional Municipality of Durham, Ajax Pickering Transit Authority, the
Corporation of the Municipality of Clarington, Oshawa Transit Commission, and the Corporation of
the Town of Whitby which extends the term of the original agreement to April 30, 2006;
- 6 -
General Purpose and Administration Committee
Minutes
October 3, 2005
THAT the Mayor and Municipal Clerk be authorized to execute the Regional Transit Pass
Agreement between the Greater Toronto Area Transit Authority, the Regional Municipality of
Durham, Ajax Pickering Transit Authority, the Corporation of the Municipality of Clarington, Oshawa
Transit Commission, and the Corporation of the Town of Whitby which extends the term of the
original agreement to December 31,2005; and
THAT Council approve the by-laws attached to Report EGD-034-05 to authorize the Mayor and
Clerk to execute the Student Transit Pass Agreement and the Regional Transit Pass Agreement.
CARRIED
OPERATIONS DEPARTMENT
There were no reports considered under this section of the agenda.
Councillor Pingle chaired this portion of the meeting.
EMERGENCY SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT - JULY, 2005
MONTHLY RESPONSE REPORT - AUGUST, 2005
Resolution #GPA-382-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Reports ESD-011-05 and ESD-012-05 be received for information.
CARRIED
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
CLARINGTON SPORTS HALL OF FAME ALUMNI CLUB
Resolution #GPA-383-05
Moved by Councillor Foster, seconded by Councillor Schell
THAT Report CSD-014-05 be received for information.
CARRIED
Councillor Foster chaired this portion of the meeting.
-7.
General Purpose and Administration Committee
Minutes
October 3, 2005
CLERK'S DEPARTMENT
PRIVATE PARKING ENFORCEMENT
Resolution #GPA-384-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report CLD-038-05 be received;
THAT the by-laws attached to Report CLD-038-05 to appoint parking enforcement officers for
private property be forwarded to Council for approval; and
THAT Cheryl-Ann Herriman, Andreas Aschaber, Phillip Kellar, P.R.O. Security Investigation Agency
Inc., Valiant Property Management, and Eastway Property Management Inc. be advised of
Council's actions.
CARRIED
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
REQUEST FOR PROPOSAL RFP2005-13 - ENGINEERING SERVICES FOR VARIOUS
BRIDGES AND CULVERTS
Resolution #GPA-385-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report COD-051-05 be received;
THAT the proposal received from Totten Sims Hubicki Asscociates, Cobourg, Ontario being the
most responsive bidder meeting all terms, conditions and specifications of Request for Proposal
RFP2005-13 be awarded the contract for the provision of Engineering Services for Various Bridges
and Culverts at an estimated cost of $173,000.00 plus GST; and
THAT the funds required in the amount of $173,000 (plus GST) be drawn from the Engineering
2005 Capital Budget Account #110-32-330-83275-7401.
CARRIED
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General Purpose and Administration Committee
Minutes
October 3, 2005
CL2005-35, ONE (1) RESCUE/FIRE EMERGENCY RESPONSE VEHICLE
Resolution #GPA-386-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report COD-052-05 be received;
THAT PK Welding & Fabricators Inc., Oshawa, Ontario, with a total bid in the amount
of $138,750.00 (plus GST), being the lowest responsible bidder meeting all terms, conditions and
providing acceptable specifications of Tender CL2005-35, be awarded the contract to supply One
(1) Rescue/Fire Emergency Response Vehicle, as required by the Municipality of Clarington,
Emergency and Fire Services Department;
THAT a contingency of $2,000.00 be provided to cover the supply and installation of additional
lighting and shelving overlooked in the original tender;
THAT funds in the amount of $136,000.00 be drawn from the 2005 Emergency Services Capital
Budget Account #110-28-388-82823-7401; and
THAT the over expenditure of $4,750.00 be charged to account #110-28-388-82823-7401 and
financed from the DC - Emergency Services Reserve Fund.
CARRIED
REGION OF DURHAM CO-OPERATIVE TENDER #T220-2005 SUPPLY, RETREADING, REPAIR
AND DISPOSAL OF TIRES AND TUBES
Resolution #GPA-387-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report COD-053-05 be received;
THAT pending successful negotiation, the existing term order with Tirecraft, Oshawa, for the supply,
retreading, repair and disposal of tires and tubes as required by the Municipality be extended for a
period of approximately six (6) months;
THAT the required funds be drawn from the Department of Operations various current operating
accounts; and
THAT the Manager of Purchasing report back to Council on the results of the Durham Purchasing
Co-operative Effort to establish a new agreement for the provision of the required services for an
extended period of time.
CARRIED
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General Purpose and Administration Committee
Minutes
October 3, 2005
FINANCE DEPARTMENT
MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2004
Resolution #GPA-388-05
Moved by Councillor Schell, seconded by Councillor Foster
THAT Report FND-014-05 be received for information.
CARRIED
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
There were no items considered under this section of the agenda.
UNFINISHED BUSINESS
There were no items considered under this section of the agenda.
OTHER BUSINESS
Councillor Trim read a letter dated September 26, 2005 from a resident of Wilmot Creek stating that
the train whistles at the Cobbledick Road Crossing are redundant given that there are lights and a
safety guard, and that the poor condition of this crossing is unacceptable. Councillor Trim advised
that the correspondence will be forwarded to staff for a response to the resident.
Resolution #GPA-389-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the meeting be "closed" to allow for discussion of a personnel matter.
CARRIED
The meeting resumed in "open" session at 11 :00 a.m.
- 10 -
General Purpose and Administration Committee
Minutes
October 3, 2005
ADJOURNMENT
Resolution #GPA-390-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the meeting adjourn at 11 :01 a.m.
CARRIED
DEPUTY CLERK
MAYOR
- 11 -
Report CLD-040-05
PUBLIC MEETING
MUNICIPAL TAXI LICENCING BY-LAW
The Council of the Municipality of Cia ring ton is considering amendments to
By-law # 2004-254, a by-law to regulate and license municipal taxis and limousines.
Anyone wishing to address the General Purpose and Administration Committee of
Council on this issue may do so by attending a public meeting scheduled for:
Monday, October 17, 2005
9:30 a.m.
Council Chambers, Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Dctails of the proposed amendments can be obtained by contacting the Municipal Clerk's
Department at the above address or by calling (905) 623-3379, Ex!. 239.
Report CLD-041-05
PUBLIC MEETING
MUNICIPAL PEDDLER LICENCING BY-LAW
The Council of the Municipality of Clarington is considering amendments to
By-law # 92-230, a by-law to regulate and license municipal peddlers. Anyone wishing
to address the General Purpose and Administration Committee of Council on this issue
may do so by attending a public meeting scheduled for:
Monday, Octobcr 17,2005
9:30 a.m.
Council Chambers, Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Details of the proposed amendments can be obtained by contacting the Municipal Clerk's
Department at the above address or by calling (905) 623-3379, Ex!. 239.
Report
Applicant:
PSD-122-05
Shell Canada
Products Ltd.
Cl!Jlmgron
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
DEVELOPMENT APPLICATION BY:
Shell Canada Products Limited
AN APPLICATION TO AMEND THE ZONING BY-LAW 84-G3
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington wiil consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Shell Canada Products Limited would include a convenience
store as a permitted use to be operated in conjunction with a motor vehicle fuel bar.
The subject property is located Part Lot 11, Concession 1, Former Town of Bowmanville, 114 Liberty St.,
Bowmanville (as shown on reverse).
Pianning File Nos.: ZBA 2005-031 & SPA 2005-034
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE:
TIME:
PLACE:
Monday, October 17, 2005
9:30 a.m.
Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, October 24, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, October 19, 2005, to have your name appear in the
Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-iaw Amendment, you must submit a written request to the Cierk's Department, 2nd Floor, 40
Temperance Street, Bowmanville, Ontario L 1 C 3AG.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3,d Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Bruce
Howarth at (905) 623-3379 extension 261 or bye-mail atbhowarth@clarington.net.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make orai submissions at a public meeting or does not make written submissions
before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the appeal.
Municipality of Clarington this 30'h day of August, 2005.
a Crome, M.C.I.P., R.P.P.
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1C 3AG
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ZBA 200S-031
ZONING BY.LAW AMENDMENT
Owner: Shell Canada Products Limited
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Report PSD-123-05
Applicant: Leslie D. Chatham
Clf}!-fl1gton
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
DEVELOPMENT APPLICATION BY:
Leslie D. Chatham
AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington wili consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Leslie Chatham would permit the construction of two single
detached dwellings on the subject lands,
The subject property is located Part Lot 28, Concession 2, in the former Village of Newcastle, part of Block "H", C.G.
Hannings Plan, 2 to 5 inclusive. 40R-20567. (as shown on reverse).
Planning File Nos,: ZBA 2005-040
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE:
TIME:
PLACE:
Monday, October 17, Z005
9:30 a.m.
Council Chambers, Znd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above refiects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, October 24, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, October 19, 2004, to have your name appear in the
Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40
Temperance Street, Bowmanville, Ontario L1C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a,m. and 5:00 p.m. at the
Pianning Services Department, 3'd Fioor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Bruce
Howarth at (905) 623-3379 extension 261 or bye-mail atbhowarth@c1arington.net.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions
before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the appeal.
ipality of Clarington this 7'h day of September, 2005.
Davi me, M.C.I.P., R.P.P.
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1C 3A6
Cl![mglOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Report #: PSD-122-05
File #: ZBA 2005-031
By-law #:
Subject:
REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A
MOTOR VEHICLES SERVICE STATION
APPLICANT: SHELL CANADA PRODUCTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-122-05 be received;
2. THAT the rezoning application submitted on behalf of Shell Canada Products be
referred back to staff for further processing and preparation of a subsequent report; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da' ~. Creme, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: () ~ -.:s1~
Franklin Wu,
Chief Administrative Officer
BH/CP/DJC/lb/lw
October 11, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-122-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Shell Canada Products Limited
1.2 Agent: Walker Nott Dragicevic
1.3 Rezoning: from "Service Station Commercial (C7) Zone" to permit a convenience
store as a permitted use.
1.4 Location: 114 Liberty Street South. Part Lot 11, Concession 1 of the former(own of
Bowmanville
~ 2.0
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2.2
2.3
3.0
3.1
3.2
BACKGROUND
On July 25, 2005, Shell Canada submitted a rezoning and site plan application to permit
a convenience store to be developed in conjunction with the redevelopment of the
existing motor vehicle fuel bar.
The site is currently operating as a Beaver Gas Bar. The applicant proposes the
redevelopment of all existing facilities and their replacement with a new gas bar and
canopy, convenience retail/pay-point building and enhanced landscaping.
The property is serviced by municipal water and sewers.
PUBLIC NOTICE AND SUBMISSIONS
Public notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed on Liberty St. and Park St. frontages.
The planning department received two written submissions, one e-mail and one counter
inquiry from the circulated residents. The submissions from local residents raised the
following concerns:
. the gas bar being operated as a 24 hour a day facility
. traffic congestion at the Liberty and Park intersection
. safety for pedestrians crossing Park Street
. garbage and litter along Liberty Street
. property values
. two (2) convenience stores already service the area
. location of the gas storage tanks
These comments will be addressed in section 8 of this report.
REPORT NO.: PSD-122-05
PAGE 3
4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS
4.1 The lands are currently occupied by a Beaver gas bar with four fuelling positions and a
pay kiosk.
4.2
Surrounding Uses:
West -
North -
East -
South -
Residential
Residential
Residential
Neighbourhood Park
5.0 AGENCY COMMENTS
5.1 In consideration of the nature of the application to allow a convenience store as an
accessory use to an existing gas station, the application was circulated to a limited
number of agencies.
5.2 Clarington Engineering, Clarington Emergency Services, Regional Planning, C.L.O.C.,
Regional Health Department and Veridian Connections all advised verbally or in writing
they had no obiection to the proposed zoning amendment.
6.0 PROVINCIAL POLICY STATEMENT
6.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and
their 'tality and regeneration shall be promoted. Redevelopment of the site to include the
conve ience store and upgrade the service station to meet the standards of the day is
consis ent with the Provincial Policy Statement.
7.0 FFICIAL PLAN CONFORMITY
7.1 The Durham Region Official Plan designates the subject property as Living Area. Living
Areas are to be used predominantly for housing purposes. In addition convenience
stores and automotive service station uses which are compatible with their surroundings
are permitted. This proposal is consistent with the Regional Official Plan.
7.2 The Clarington Official Plan designates the property Urban Residential. The
predominant use of lands designated Urban Residential shall be for housing purposes.
However service stations and corner stores (to a maximum of 100 square metres) may
be established in Urban Residential designation subject to criteria.
8.0 ZONING BY-LAW CONFORMITY
8.1 The property is zoned "Service Station Commercial Exception (C7)" which does not
permit a convenience store, hence the subject application.
REPORT NO.: PSD-122-05
PAGE 4
9.0 STAFF COMMENTS
9.1 The subject site is zoned C7, Service Station Commercial under Zoning By-law 84-63 of
the Former Town of Newcastle. Permitted uses within the zone include a motor vehicle
fuel bar, a motor vehicle service station and the retail sale of confectionary items,
sundry foods and promotional items as an accessory use.
9.2 Shell proposes to completely remove the existing facilities and replace them with a new
gas bar and an associated retail building. The retail building will include the pay area
for the gas bar, a retail sales area, public washrooms, and office space. The new retail
building will have a gross floor area of approximately 56.5m2. This building will be
significantly smaller than most redeveloped Shell stations (usually 150m2 to 185m2).
9.3 The proposed service station will be a 24 hour facility. The Municipality of Clarington
does not have a by-law to regulate hours of operation.
9.4 It is not anticipated that the convenience store will generate significant volumes of traffic
given the size of the proposed facility. However, it will provide gas consumers with the
ability to purchase some convenience items.
9.5 The proposal includes a 5 metre road widening dedication along Liberty Street and an
additional 5 X 10 metre daylight corner at the intersection of Liberty Street and Park
Street. This dedication has been requested by the Region.
9.6 The proposed retail I pay point building is smaller than an average Shell Kiosk and the
smaller than the existing Beaver Station building. The bulk fuel storage tanks will be
installed in accordance with the provisions of the Provincial Gasoline Handling Act.
9.7 Prior to approval of any building permits Shell Canada Products Limited is required to
enter into a site plan agreement with the Municipality of Clarington that will deal with
among other issues site clean up, grading, landscaping and urban design issues.
10.0 RECOMMENDATIONS
10.1 Based on the comments in this report it is respectfully recommended that the rezoning
application be referred back to staff for further processing and the preparation of a
subsequent report.
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Joe Cavello, Shell Canada Products Limited
Robert Dragicevic, Walker Nott Dragicevic Associates Limited
Gregory and Brenda Stephens
Jim Buttonshaw
Helen and Francis Cook
!
Attachment #1
To Report # PSD-122-05
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ZBA 2005-031
ZONING BY-LAW AMENDMENT
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Owner: Shell Canada Products Limited
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Clw:ilJglOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Report #: PSD-123 -05
File #: ZBA 2005-040
By-law #:
Subject:
REZONING TO PERMIT 2 SINGLE DETACHED DWELLINGS.
APPLICANT: LESLIE CHATHAM
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-123-05 be received;
2. THAT the rezoning application submitted by Leslie Chatham be referred back to Staff
for further processing and preparation of a subsequent report; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed by: cJ ~ ~
Franklin Wu,
Chief Administrative Officer
a J. Creme, M.C.I.P., R.P,P.
Director of Planning Services
BH/CP/DJC/lb
October 11, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD.123-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Leslie Chatham
1.2 Rezoning: from "Urban Residential Type One Exception (R1-33)" and "Environmental
Protection (EP)" to permit the construction of two single detached
dwellings on the parcel..
1.3 Location: Part Lot 28, Concession 2, south side of Monroe Street, Former Village of
Newcastle
2.0 BACKGROUND
2.1 On August 22, 2005, Leslie Chatham submitted an application to rezone the subject
property to permit the existing property to be severed to allow the construction of two
single detached dwellings.
2.2 In 1991 the Durham Region Non-Profit Housing were successful in rezoning the subject
property to permit the construction of one semi-detached dwelling with a total of two
units. The dwellings were to be used as a group home for developmentally
handicapped persons and would include a 24 hour support care staff. Each unit was to
have five bedrooms (10 total). This facility was never constructed and the property has
remained vacant.
2.3 The property is serviced by municipal water and sanitary systems.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed on the Monroe Street Frontage.
3.2 As of the writing of the report, no comments have been received with respect to the
application.
4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS
4.1 The rectangular shaped parcel, approximately 0.125 hectares, is located on the south
side of Monroe Street, east of Mill Street. The property is currently vacant, sloping from
north to south. A tributary to the Foster Creek traverses the southern limits of the site,
hence the EP zoning.
4.2
Surrounding Uses:
West:
North:
East:
South:
Residential
Light I ndustrial (Co-op)
Residential
Tributary and residential
REPORT NO.: PSD-123-05
PAGE 3
4.3 The surrounding residential areas mainly consist of single detached dwellings with
minimum frontages of 18 metres.
5.0 AGENCY COMMENTS
5.1 In consideration of the nature of the application, the application was circulated to a
limited number of agencies.
Clarington Engineering, Clarington Building Department, Regional Planning
Department, and the Regional Works Department had no obiection to the proposed
zoning amendment.
As of the writing of this report, no comments have been received from Veridian
Connection and it is assumed they have no objection.
5.2 The Ganaraska Region Conservation Authority has no objection to the rezoning of the
subject property but requests that all lands below the elevation of 100.6 metres above
sea level and/or within 15 metres of the edge of the watercourse be placed under a
protective zoning that would prohibit the construction of buildings or structures of any
kind. There may be restrictions on the size of structures once all setbacks are
accounted for. Staff have not had an opportunity to review this condition in detail or
discuss the impacts with the applicant.
6.0 PROVINCIAL POLICY STATEMENT
6.1 Section 3 of the Planning Act requires that decisions affecting planning matters "shall be
consistent with" the Provincial Policy Statement. The Provincial Policy Statement states
that Settlement Areas shall be the focus of growth. The existing infrastructure has
sufficient capacity to accommodate this infill development.
7.0 OFFICIAL PLAN CONFORMITY
7.1 The Durham Region Official Plan designates the property Living Area. This proposal
can be considered infill development and will intensify the existing neighbourhood, and
is therefore consistent with the intent of this plan.
7.2 The Clarington Official Plan designates the subject property Urban Residential Area.
The predominant use of lands designated Urban Residential Area within each
neighbourhood shall be for housing purposes. This application is consistent with the
intent of this plan.
REPORT NO.: PSD-123-05
PAGE 4
8.0 ZONING BY-LAW CONFORMITY
8.1 The property is zoned Urban Residential Exception (R1-33) and Environmental
Protection (EP). The R1-33 zone only permits a semi-detached dwelling, hence the
subject application.
9.0 STAFF COMMENTS
9.1 Zoning By-Law 1984, of the Former Town of Newcastle originally zoned the subject
property and surrounding residential areas "Urban Residential Type One Exception (R1-
1)" which permitted only single detached dwellings with a lot area of 650 square metres
and frontage of 18 metres. The property was rezoned in 1991 to permit a semi-
detached dwelling to accommodate a group home and 24 hour care for developmentally
handicapped people. This facility was never constructed.
9.2 The surrounding residential neighbourhoods are still zoned "Urban Residential Type
One Exception (R1-1)". This proposal would allow the subject property to be developed
in a way which would maintain the character of the adjacent area.
9.3 The Conservation Authority recommends a 15 metre setback from the watercourse
which prohibits the construction of buildings or structures, placement or removal of file
of the removal of vegetation. The existing Environmental Protection Zone (EP) would
be enlarged to minimize any impacts on tributary to the Foster Creek.
9.4 The applicant proposes to construct the first house on the east half of the property
(parts 4 & 5 of plan 40R-20567). The west half of the property (parts 2 & 3 of plan 40R-
20567) will include a holding symbol which can be removed at the time conditions of a
severance have been satisfied.
10.0 RECOMMENDATIONS
10.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application be referred back to Staff for further processing and the preparation of a
subsequent report.
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Leslie Chatham
Attachment #1
To Report # PSD-123-05
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Zoning By-law Amendment
Owner: Leslie D. Chatham
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ClfllmglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Report #: PSD-124-05
File #: PLN 16.2.2
By-law #:
Subject:
V ALLEYS 2000
ONGOING FUNDRAISING AND FINANCIAL SUPPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-124-05 be received;
2. THAT the $50,000 interest free loan to Valleys 2000 (Bowmanville) Inc. be deemed a
grant; and
3. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision.
Submitted by:
Davi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed b.d~~ ~
Franklin Wu,
Chief Administrative Officer
DJC*FL *sn
October 13,2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-124-05
PAGE 2
1.0 BACKGROUND
Valleys 2000 (Bowmanville) Inc., generally referred to as Valleys 2000, is a community-
based organization comprised of volunteers, who share a vision of developing trails,
recreational amenities and environmental enhancements within the Bowmanville and
Soper Creek Valleys. For the past seven years the project has focused on trail
construction, planting, and education of stakeholders about Valleys 2000 and land
acquisition.
In December 1998, Council supported the initiative and agreed to assist in developing
the project. In April 1999, Council approved a Memorandum of Understanding (MOU)
between the Municipality of Clarington and Valleys 2000. It detailed the responsibilities
of each party in implementing the project. Valleys 2000, and the Municipality have
carried out the responsibilities that they each assumed in this first Memorandum and
have recently signed a second MOU. Valleys 2000 is an incorporated non-profit,
charitable organization, carrying liability insurance and performing fund raising in
addition to carrying out volunteer works.
2.0 FUNDRAISING
Valleys 2000 has applied and received Trillium funding for trail improvements, bank
protection and restoration, engineering and design works. Trillium will not provide the
funding to the Municipality directly. In addition, Valleys 2000 has received many
donations of in-kind labour and materials to assist in the construction of works.
Volunteer works have been carried out by the Valleys 2000 Board, Courtice Secondary
School students and others under the direction of Valleys 2000. Rev. Lockhart provides
an annual report to Council at which time he notifies them of the monies that Valley
2000 has been able to raise to continue with their works, to date thousands has been
raised excluding in-kind contributions of labour, trees, rocks, granular, trucking,
earthmoving etc.
3.0 NEW MEMORANDUM OF UNDERSTANDING
The Memorandum of Understanding (MOU) between the Municipality and Valleys 2000
articulated the partnership and each party's responsibilities including liability, safety,
public relations and ongoing maintenance. The MOU had a sunset date of December
31st, 2004 at which time the remaining assets of Valleys 2000 were to be turned over to
the Municipality for designated use in the project or to charities as per Valleys 2000
Letters of Incorporation; alternatively the MOU could be extended. The MOU was
extended for a further five years in December of 2004. The New Memorandum of
Understanding uses the same principles, it has been updated to recognize the working
relationship that has developed between Valleys 2000 and the Municipality.
REPORT NO.: PSD-124-05
PAGE 3
4.0 INTEREST FREE LOAN
The Valleys 2000 Board received an interest free loan for $50,000 taken from the
Impact Escrow Reserve Fund in February of 2000; at that time the approved Council
recommendation included an additional $88,000 that Valleys could request for Phase
Two development, these funds have not been requested. The Municipality of Clarington
has become the owner or leaseholder of the lands that Valleys 2000 is carrying out their
development work on and the benefactor of numerous in-kind donations and grants that
Valleys 2000 have secured for the improvement works. Trail development has also
received more focus through the capital budget process to continue and enhance
Valleys 2000 efforts. The initial $50,000 interest free loan was used to develop a
fund raising campaign strategy ($16,000) and the remainder was to retain a consultant
for design and engineering works for the trail system (see Attachment 1). Valleys 2000
have not asked to have the interest free loan forgiven; however, since most of their
fund raising has been through in-kind contributions and grants from Trillium, Evergreen
and MNR there has been very limited ability for Valleys 2000 to repay the loan. In
addition, repayment of the loan would just reduce the works that are occurring on
municipally owned lands without any additional benefit to taxpayers. As the
development of the trail is to the benefit of the overall community, no user fees are, or
could reasonably, be expected to be attached.
The intention of the interest free loan was to provide the necessary seed money for
Valleys 2000 to acquire other funds and that purpose has been met and the
expectations surpassed.
As such, during the annual review of outstanding accounts this interest free loan was
flagged as an anomaly and we recommend that it be converted from a loan to a grant.
5.0 CONCLUSION
Valleys 2000 (Bowmanville) Inc. are to be congratulated for the initiatives they have
undertaken and the contributions that they have been able to receive from granting
agencies and contractors who are willing to provide in-kind donations. In addition, the
monies that they receive as direct donations have been, and will continue to be, used
for works that benefit the Municipality of Clarington through the development of the trails
system and other works in the Soper and Bowmanville Creek valleys. The trail systems
have become a cherished community asset reflecting the community values and
aspirations of residents assisting in providing an excellent quality of life.
Attachments:
Attachment 1 - Letter from Valleys 2000 detailing how loan was spent
List of interested parties to be advised of Council's decision:
Rev. Frank Lockhart
Attachment 1
To Report PSD-124-05
VALLEYS 2000 (Bowmanville) Inc.
P. O. Box 364
Bowmanville, ON LIe 3LI
(905) 623-6793
.....----. .__.._....._.ou_...u...._. ..___.,..___~.. .._.___~...__._'m."._"...'._...n......,_ ....,...... .....~._-,....._*~..,.__._._____._...._,...~...h...___..._
September 29,2005
Peter Windolf
Planning Dept.
Municipality of Clarington
Peter
Further to our meeting last night, lhave;: reviewed the amounts paid for consulting
fees.
The Memorandum ofUnder5tanding of March 23,2000, slates thaI the loan to Valleys
on50,OOO is allocated for consultants' fees in the amounts of$16,000 for fund raising
& $34,000 for design & engineering.
I have located paid invoices from Goldie Co. between MarchlOO & June/{lO totalling
$17,196.40 for fund raising consulting & from Schollen & Co between April/99 &
April/OO totalling $39,693.05 for design & engineering consulting. These invoices
& supporting bank records are available for your review ifnecessary.
r lTlIst this is what you require. Please call if there are any questions.
Bill H_~~_ V"," 2000 (B'~M.ill') ,,,
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Report #: PSD-125-05
File #: ZBA 2005-0048
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: PORT OF NEWCASTLE MARINA VILLAGE LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-125-05 be received;
2. THAT the application submitted by Port of Newcastle Marina Village Limited, to
remove the Holding (H) symbol be APPROVED and that the attached By-law to
remove the Holding (H) symbol be passed and a copy forwarded to the Regional
Municipality of Durham; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D vi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY(..J~~~
Franklin Wu,
Chief Administrative Officer
October 11, 2005
BH/CP/DJC/lw
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-125-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner:
Port of Newcastle Marina Village Ltd. (Kaitlin Group)
Removal of "Holding (H)" Symbol from "Holding - Urban
Residential Type Four Exception ((H)R4-19)"
1.2 Rezoning:
1.3 Location:
The area subject to the proposal is on Parts 4-8 and Part 10,
Plan 40R-22867
2.0 BACKGROUND
2.1 On September 9, 2005, the Planning Services Department received a request from the
Port of Newcastle Marina Village Ltd. (Kaitlin Group) for removal of the "Holding (H)"
Symbol for Part Lots 28 and 29, Broken Front Concession, former Township of Clarke.
The lands are subject to site plan approval (SPA2004-006) allowing the creation of two
apartment buildings with a total of 72 units. The site plan has been approved.
3.0 COMMENTS
3.1 The application has been reviewed in accordance with Sections 23.4.2 and 23.4.3 of the
Clarington Official Plan. Staff is satisfied that the following matters have been addressed
and approved to the satisfaction of the Municipality including but not limited to:
. Services and municipal works
. Submission of technical studies
. Execution of the appropriate agreements
The Finance Department has indicated that all taxes have been paid.
4.0 RECOMMENDATIONS
4.1 In consideration of the comments noted above, approval of the removal of the "Holding
(H)" symbol as shown on the attached by-law and schedule (Attachment 2) is
recommended.
Attachments:
Attachment 1 - Site Location Key Map and Property Plan
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Kelvin Whalen, Port of Newcastle Marina Village Ltd.
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Attachment #1
To Report # PSD-125-05
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ZBA 2005-0048
Zoning By-law Amendment
Owner: Port of Newcastle Marina
Village Ltd.
Attachment #2
To Report #PSD-125-05
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-_
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 former Town of Newcastle to
implement application ZBA 2005-048;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding _ Urban Residential Exception Type Four ((H)R4-19)" to "Urban Residential
Exception Type Four (R4-19)"
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 read a first time this day of
2005.
BY-LAW read a second time this day of
2005.
BY-LAW read a third time and finally passed this day of
2005.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
In This is Schedule "A" to By-law 2005- __--~
passed this __n day of _, 2005 A.D. I
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Patti L. Barrie, Municipal Clerk
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Cl~-!lJglon
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Report #: PSD-126-05
File #: ZBA 2004-054
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: TRULLS ROAD FREE METHODIST CHURCH
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report PSD-126-05 be received;
2.
THAT the application submitted by Barry-Bryan Associates (1991) Ltd. on behalf of
Trulls Road Free Methodist Church, to remove the Holding (H) symbol be
APPROVED and that the attached By-law to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham; and
3.
THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed by: 0 ~~\.."
Franklin Wu,
Chief Administrative Officer
BR/CPIDJC/lb
October 7,2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-126-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner:
Trulls Road Free Methodist Church
1.2 Applicant:
Barry-Bryan Associates (1991) Ltd. on behalf of Trulls Road Free
Methodist Church
1.3 Rezoning:
Removal of "Holding (H)" symbol from "Holding - Urban Residential
Type One ((H)R1)"
1.4 Location:
The area subject to the proposal is located at 2301 Trulls Road,
Courtice, in Part Lot 30, Concession 2, former Township of
Darlington.
2.0 BACKGROUND
2.1 On November 15, 2004, the Planning Services Department received a request from Barry
-Bryan Associates (1991) Ltd. on behalf of Trulls Road Free Methodist Church for the
removal of the "Holding (H)" symbol from 2301 Trulls Road, Courtice. Conditional Site Plan
approval for the subject lands permitting development of an expanded parking area and
detached garage was issued on October 7,2005.
3.0 COMMENTS
3.1 The "Holding (H)" symbol affects all of 2301 and 2283 Trulls Road, Courtice, which is the
entire site of the Trulls Road Free Methodist Church. The application has been reviewed
in accordance with Sections 23.4.2 and 23.4.3 of the Clarington Official Plan. Staff is
satisfied that the following matters have been addressed and approved to the satisfaction
of the Municipality including but not limited to:
. Services and municipal works,
. Submission of technical studies, and
. Execution of the appropriate agreements.
Execution of a Site Plan Development Agreement is imminent.
The Finance Department has indicated that both properties, being for a place of worship,
are exempt from property taxes.
4.0 RECOMMENDATIONS
4.1 In consideration of the comments noted above, approval of the removal of the "Holding
(H)" symbol as shown on the attached by-law and schedule (Attachment 2) is
recommended.
REPORT NO.: PSD-126-05
PAGE 3
Attachments:
Attachment 1 - Site Location Key Map and Property Plan
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Dennis Gunter
Arnold Mostert
Bert van Gent
Attachment #1
To Report # PSD 126-05
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Attachment #2
To Report#PSD-126-05
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-_
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 fomner Town of
Newcastle to implement application ZBA 2004-054;
NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the
Municipality of Clarington enacts as follows;
1. Schedule "4" 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 "Urban Residential Type
One (R 1) Zone"
As illustrated on the attached Schedule "A" hereto.
2 Schedule "A" attached hereto shall fomn 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 read a first time this day of
2005.
BY -LAW read a second time this day of
2005.
BY-LAW read a third time and finally passed this day of
2005.
John Mutton, Mayor
Patti L Barrie, Clerk
This is Schedule "A" to By-law 2005- __,
passed thisu____ day of , 2005 A.D.
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Report #: PSD-127-05
File #: A2005/036, A2005/037
A2005-0040, A2005-0041
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF SEPTEMBER 22 AND OCTOBER 6, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-127-05 be received;
2. THAT Council concurs with the decision of the Committee of Adjustment made on
October 6, 2005 for applications A2005/036, A2005-0040 and A2005-0041; and
3. THAT Council concurs with staff that an appeal by the Municipality of the decision made
by the Committee of Adjustment on September 22, 2005 for A2005/037, is not
warranted. However, should an appeal be lodged by another party, that Staff be
authorized to defend its original recommendations.
Submitted by:
Reviewed by:
o~~
a. Crome, MCIP, R.P.P.
Dire tor of Planning Services
Franklin Wu,
Chief Administrative Officer
BMR*CP*DJC*sh*df
October 12, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD.127.05
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance application and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
SEPTEMBER 22 AND OCTOBER 6, 2005
September 22, 2005
A2005/037
Approve with modifications
Approved with
modifications
October 6, 2005
A2005/036
Approve
Approved
A2005-0040
Table
Tabled
A2005-0041
Approve with modifications
Approved with
modifications
2.0 COMMENTS
2.1 A2005/036 was an application to permit the creation of an additional residential lot by
reducing the required lot frontage from 18 metres to 15.23 metres, and to reduce the
require lot area from 650 metres to 512.7 square metres. This application was tabled
on the August 25th, 2005 meeting to allow the application to be heard by the Land
Division Committee, and to ensure that any additional requirements placed on the lot
could be addressed in this variance application. The Land Division Committee approved
the application, and the Committee of Adjustment approved the application as applied
for.
2.2 A2005/037 was an application to permit the construction of a detached garage by
reducing the required front yard setback from 8 metres to 4 metres, by reducing the
required easterly side yard from 3 metres to 1.2 metres, by increasing the maximum
height of an accessory building from 5 metres to 5.6 metres, and to permit an
architectural feature on the accessory building with a maximum height of 7.4 metres.
This application was tabled at the August 25, 2005 meeting to allow the applicant to
address some comments made by Staff. The application was revised to reduce the
easterly side yard setback to 1.2 metres to allow for an appropriate vehicle turning
movement to the garage door.
REPORT NO.: PSD.127.05
PAGE 3
Another Staff concern was the requested height of the proposed architectural feature.
Building plans submitted to the Municipality indicated the use of the architectural feature
as a third story. The zoning by-law requires accessory structures to be subordinate to
the main use, and Staff considered a building of that height containing three floors to not
be subordinate to the main use. Staff recommended approval of the amended
application with the exception of the height of the architectural feature, and with a
number of conditions with regards to Durham Regional Health approval, and conditions
to prohibit the use of the structure as habitable floor area. At the meeting, the applicant
indicated that the architectural feature was still desired, and a through discussion with
the Committee, determined that a suitable architectural feature could be constructed
with a height of 6.5 metres, although the 7.4 metres was still desired.
Committee approved the application as amended by Staff, but allowed an architectural
feature of 6.5 metres in height, and included a condition that a third story or mezzanine
would not be permitted. Planning Staff report presented at the October 3'd, 2005 GPA
meeting requested deferring a decision regarding this application to allow time for the
applicant to provide Staff with drawings reflecting the Committee's decision, and to
allow Staff time to review the ramifications of the Committee's Decision. The applicant
provided staff with an elevation which showed the proposed architectural feature. The
only portion of the feature which protrudes above the approved accessory building is the
roof portion. The peak of the feature's proposed roof extends approximately 1.2 metres
above the peak of the approved roof for the accessory building. The existing main
dwelling will be taller than this peak. There were no objections from residents of the
area. Staff feel this compromise would not be detrimental to the surrounding
neighbourhood as the accessory building will appear somewhat subordinate to the main
dwelling.
2.3 A2005-0040 was an application to permit the construction of a detached accessory
structure by increasing the total lot coverage for accessory buildings from 40% to 56%
of the main building. The applicant had proposed the construction of a 53.1 square
metre detached accessory building in addition to an existing 54.4 square metre
detached garage. Following the notification of the application and Staff's site visit, it
was discovered that the site had and existing deck, which was not previously included in
the calculations for detached accessory buildings and structures. As approval of the
application as notified would only permit an additional detached accessory building 28.1
square metres in area, Staff recommended the application be tabled to allow for the re-
notification of the application, to allow the lot coverage for detached accessory buildings
and structures to be increased to 68% of the main building. The Committee sought the
applicant's input with regards to the options presented by Staff, and the applicant
suggested tabling would be appropriate. The application was tabled for not more than
three months to allow for re-notification of the amended application.
2.4 A2005-0041 was an application to permit the construction of a detached accessory
building by increasing the maximum lot coverage from 40% of the main building to
62.5%. Staff did not consider the application to be minor in nature as the proposal was
for a detached garage, in addition to an existing attached garage, but did feel a more
modest increase could be considered. Staff recommended that the application be
REPORT NO.: PSD-127-05
PAGE 4
approved to permit a structure 55% of the main building. Two neighbours were in
opposition to the application as they too felt the proposed structure was too large.
Several individuals came to the meeting and spoke in opposition to the application citing
concerns that the structure as applied for could easily be used for commercial purposes,
and that the existing site had several vehicles in poor repair. Committee reminded the
speakers that the application was for the area of the building and not for the use, but
suggested that Staff speak with the By-law Enforcement Division about the issues raise
by the speakers. Committee concurred with Staff's recommendation and approved the
application to permit a detached accessory building with lot coverage of 55% of the
main building.
2.5 Staff has reviewed the Committee's decisions and is satisfied that the applications that
received approval, with the exception of A2005/037, are in conformity with the Official
Plan policies, consistent with the intent of the Zoning By-law and are minor in nature
and desirable. Council's concurrence with the Committee of Adjustment's decisions is
required in order to afford Staff's official status before the Ontario Municipal Board in the
event of an appeal of any decision of the Committee of Adjustment.
2.6 In the case of the decision of Committee for A2005/037, as described in Section 2.2, the
decision of the Committee of Adjustment was contrary to Staff's recommendation.
However, Staff recommends that with the modification to the building height this
decision be accepted, as an appeal by the Municipality is not warranted for the reason
identified in Section 2.2. However, should an appeal be lodged, Staff would request
that Council authorize Staff to defend its original recommendation, as put forward in the
Final Report to the Committee of Adjustment, dated September 22, 2005
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
Attachment #1
To Report #PSD-127-05
ClJJ!-!lJgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ED VANHAVERBEKE
ED VANHAVERBEKE
PROPERTY LOCATION: 82 EDWARD STREET EAST, NEWCASTLE VILLAGE
PART LOT 281, CONCESSION
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
FILE NO.: A2005/036
PURPOSE:
TO PERMIT THE DEVELOPMENT OF ONE ADDITIONAL RESIDENTIAL LOT BY
REDUCING THE REQUIRED LOT FRONTAGE FROM 18 METRES TO 15.23
METRES AND BY REDUCING THE REQUIRED LOT AREA FROM 650 SQ M TO
512.7 SQ M.
DECISION OF COMMITTEE:
TO APPROVE APPLICATION AS APPLIED FOR TO PERMIT CREATION OF A
SECOND RESIDENTIAL LOT BY REDUCING THE REQUIRED LOT FRONTAGE
FROM 18 M TO 15.23 M & BY REDUCING THE MIN LOT AREA FROM 650 M2 TO
512.7 M2 AS IT IS MINOR & DESIRABLE & CONFORMS TO THE OP & ZBL
DATE OF DECISION: October 6,2005
LAST DAY OF APPEAL: October 26,2005
Cl~-!lJglon
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
VEENSTRA CONSTRUCTION
VEENSTRA CONSTRUCTION
PROPERTY LOCATION:
109 COVE ROAD, BOWMANVILLE
PART LOT 11 BF, CONCESSION
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/037
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY REDUCING THE
REQUIRED FRONT YARD SETBACK FROM 8 METRES TO 4 METRES, BY REDUCING
THE REQUIRED EASTERLY INTERIOR SIDE YARD SETBACK FROM 3 METRES TO 1.2
METRES, BY INCREASING THE MAXIMUM HEIGHT OF AN ACCESS
DECISION OF COMMITTEE:
APPROVAL TO PERMIT THE CONSTRUCTION OF A DETACHED ACCESSORY BUILDING
BY REDUCING THE REQUIRED FRONT YARD SETBACK FROM 8 METRES TO 4
METRES, BY REDUCING THE REQUIRED EASTERLY INTERIOR SIDE YARD SETBACK
FROM 3 METRES TO 1.2 METRES, BY INCREASING THE MAXIMUM HEIGHT OF AN
ACCESSORY STRUCTURE FROM 5 METRES TO 5.6 METRES, TO INCREASE THE
MAXIMUM HEIGHT OF AN ARCHITECTURAL FEATURE FROM 5 METRES TO 6.5
METRES. SUBJECT TO THE CONDITION THAT NO PLUMBING BE INSTALLED, THAT
THERE BE NO THIRD FLOOR MEZZANINE, THAT THERE BE NO VEHICLE DOOR BE
LOCATED ON THE NORTH SIDE OF THE STRUCTURE WITHIN 6 METRES OF THE
FRONT PROPERTY LINE AND THAT THE DURHAM REGION HEALTH DEPARTMENT
PROVIDE WRITTEN APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AS
IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN
AND ZONING BY-LAW.
DATE OF DECISION: September 222005
LAST DAY OF APPEAL: October 12, 2005
Cl!1l#]gron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
JAMES & CINDY STEWART-HAASS
JAMES & CINDY STEWART-HAASS
PROPERTY LOCATION: 8185 KING STREET, HAYDON
PART LOT 148, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2005-0040
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY
INCREASING THE MAXIMUM PEMITTED LOT COVERAGE FOR AN ACCESSORY
BUILDING FROM 40% OF THE MAIN BUILDING TO 56%.
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION FOR UP TO THREE MONTHS TO ALLOW TIME
FOR RE-CIRCULATION AND NEW PUBLIC NOTICE OF REVISED APPLCIATION.
DATE OF DECISION: October 6,2005
LAST DAY OF APPEAL: October 26, 2005
Cl~-!lJglon
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
FRANK MASTROIANNI
FRANK MASTROIANNI
PROPERTY LOCATION: 2181 MAPLE GROVE ROAD, MAPLE GROVE
PART LOT 182, CONCESSION
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2005-0041
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY
INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN
ACCESSORY BUILDING FROM 40% OF THE MAIN BUILDING TO 62.5%.
DECISION OF COMMITTEE:
APPROVED TO PERMIT A DETACHED ACCESSORY BUILDING BY INCREASING
MAX LOT COVERAGE FROM 40% TO 55% OF THE MAIN BUILDING SUBJECT TO
RECEIVING DURHAM REGIONAL HEALTH APPROVAL AS IT IS MINOR AND
DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION: October 6,2005
LAST DAY OF APPEAL: October 26,2005
MONROE STREET EAST
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Cl!Jl-lggron
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 17, 2005
Resolution #:
Report #: EGD-36-05
File#:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2005.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-36-05 be received for information.
S"bm_by'~
A. S. Cannella, C.E.T.
Director of Engineering Services
Revie~edbQ~~
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
October 4, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
REPORT NO.: EGD-36-05
PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of August 2005, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF YEAR TO YEAR TO % CHANGE
OF VALUE
AUGUST 2005 DATE 2005 DATE 2004 YTD 05-04
Permits Issued 75 836 1000 -16.4%
VALUE OF CONSTRUCTION
Residential $4,890,251 $99,621,232 $123,801 ,4~ -19.5"A
Industrial $32,500,00C $32,922,600 $1,894,56 1637.7"A
Government $C $333,500 $4,025,OOC -91.7%
Commercial $4,251,45C $9,605,241 $8,072~~ 19.0%
Institutional $322,10C $355,600 $20,133,52E -98.2%
Agricultural $255,494 $3,737,75r $1,204,402 210.3%
OPG $600,000 $611,000 $80,000 663.8'%
Miscellaneous $1 ,248,5~ $1,401,64E $99,90C 1303.0"A
OTAL $44,067,84 $148,588,576 $159,311,73E -6.7"A
The following is a historical comparison of the building permits issued for the month of
"AUGUST" and "YEAR TO DATE" for a three year period.
Hlltorlcal Data for Month of "Augulr'
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30.000.000
$25.000.000
$20.000.000
$15.000.000
$10,000.000
$5.000.000
$0
. valul
HlltorlClI Data ''YEAR TO DATE"
$180.000.000
$180,000.000
$140.000.000
$120.000.000
$100,000.000
$80.000.000
$80,000.000
$40.000.000
$20.000.000
$0
REPORT NO.: EGD.36.05
PAGE 3
The following is a comparison of the types of dwelling units issued for the month of "AUGUST"
and "YEAR TO DATE".
Dwelling Unit Type "AUGUST 2005"
o
rCY01house 1
0% Apartment
5%
Dwelling Unit Type ''YEAR TO DATE
2005" 57
Apartment
10%
6
Semi-
Detached
27%
15
Single
Detached
68%
. Single Detached 15
El Semi-Detached 6
l:ITownhouse 0
IlII Apartment 1
232
Sem~
Detached
40"
. Single Detached 245
El Semi-Detached 232
E1Townhouse 49
lID Apartment 57
245
Single
Detached
42%
1.2 With respect to building permit activities (over $250,000) and large residential building
permit activities, the details are provided as follows:
APPLICANT CONSTR TYPE
Regional Munic of Durham : Water Pollution Plant
Bowm. Professional Bldg. Addition
Barmond Builders Ltd. All. Shoppers Drug
Mary McGee All. AWCCU
Ontario Power Generation Fire Code Retrofit
Ontario Power Generation Storm Sewer
I
Rekker Gardens Ltd. i Greenhouse
LOCATION
100 Osbourne Rd
222 King Street
243 King Street
219 King Street
2151 South Service Rd
2151 South Service Rd
2258 Highway #2
VALUE
$32,500,000
$3,026,450
$850,000
$297,000
$600,000
$1,200,000
$255,494
Attachment #1 - Monthly Building Permit Activity ReporUHistorical Comparison of Building
Permit
Municipality of Clarington
Building Services - Monthly Activity Report
ATTACHMENT # I TO
REPORT # t!..GD(l~C,::
August
2005
.H!;':!:,;,,;';;.;,..:;..... ... ...." '!;'!! ~
..H;!!""....>u;;;... .... ,;"
2005 2004
Type of Construction August August August Year to Date
Residential: Single Detached 15 245 16 328
Semi-Detached 6 232 18 300
Townhouse 0 49 0 85
Apartment 1 8 0 2
Other Construction 30 181 15 166
Sub Total 52 715 49 881
Industrial: New Building 1 1 1 3
Addition/Alteration 0 6 1 8
Sub Total 1 7 2 11
Government: New Building 0 5 1 3
Addition/Alteration 0 1 0 1
Sub Total 0 6 1 4
Commercial: New Building 0 7 1 12
Addition/Alteration 8 28 2 24
Sub Total 8 35 3 36
Institutional: New Building 1 1 0 2
Addition/Alteration 3 5 2 9
Sub Total 4 6 2 11
Agricultural: New Building 1 12 5 21
Ad d ition/ Alteration 0 3 0 2
Sub Total 1 15 5 23
Ontario Hydro: New Building 0 0 0 0
Addition/Alteration 1 2 0 1
Sub Total 1 2 0 1
HVAC, Plumbing & Miscellaneous: 7 34 4 20
Demolition: 1 16 2 13
TOTALS 75 836 68 1000
, ""i' .;;';".U": .,.U;H ....>
.U" ;.U' c> HH:..,.'.'H 'H .. "..... '....H
2005 2004
August August August Year to Date
Residential: $4,890,251 $99,621,232 $6,677,572 $123,801,498
Industrial: $32,500,000 $32,922,600 $12,000 $1,894,569
Government: $0 $333,500 $1,800,000 $4,025,000
Commercial: $4,251,450 $9,605,241 $145,500 $8,072,844
Institutional: $322,100 $355,600 $48,000 $20,133,525
Agricultural: $255,494 $3,737,757 $552,156 $1,204,402
Ontario Hydro: $600,000 $611,000 $0 $80,000
Miscellaneous: $1,248,553 $1,401,646 $63,000 $99,900
TOTALS $44,067,848 $148,588,576 $9,298,228 $159,311,738
August
2005
PERMIT FEES
August
$149,625
August
$824,427
August
$50,612
2004
Year to Date
$1,055,553
2005
2005 2004
August August August Year to Date
Building Inspections 677 5729 902 5630
Plumbing Inspections 591 4490 635 4040
TOTALS 1268 10219 1537 9670
2005 2004
Aug u st August August Year to Date
Single Detached 15 245 16 328
Semi-Detached 6 232 18 300
Townhouse 0 49 0 85
Apartments 1 57 0 17
TOTALS 22 583 34 730
YEAR: 2005
AREA (to 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995
month)
Bowmanville 220 587 468 345 312 188 184 313 423 217 229
Courtice 166 173 180 133 129 231 296 254 295 331 170
Newcastle 160 191 123 131 76 110 78 4 5 3
Wilmot Creek 15 25 29 38 24 19 21 33 21 16 16
Orono 1 2 1 1 1
Darlington 10 15 13 17 47 102 31 14 20 17 21
Clarke 4 10 16 15 9 17 17 12 20 10 7
Burketon 1 1 1 1 1 1 2
Enfield 3
Enniskillen 1 1 2 5 7 6 3 7 3
Hampton 3 1 1 1 2 1 2 2 1
Haydon 1 1 2
Kendal 1 3 2 1
Kirby 1
Leskard 1 1
Maple Grove 1
Mitchells Corners 1
Newtonville 3 5 3 3 3 1 2 2
Solina 2 3 3 1 1
Tyrone 3 9 3
TOTALS 583 1015 843 701 609 679 640 636 801 601 447
Clwington
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
October 17, 2005
Resolution #:
Report #: CSD-13-05
File#:
By-law #:
Subject:
DURHAM L1VESl PHYSICAL ACTIVITIES - YOUTH FITNESS
INITIATIVES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-13-05 be received;
2. THAT Council endorse participation in the Durham Lives! Youth Fitness
Initiatives FORTHWITH.
Submitted
ph P. Caruana,
Irector of Community Services
,Q eQ~~
"'..
Reviewed b' - -..:l ,
Franklin Wu,
Chief Administrative Officer
JPC/BT/EM
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
REPORT NO.: CSD.13-05
PAGE 2
1.0 BACKGROUND
1.1 For the past three years, the Community Services Department has been
involved with the provincially funded, Durham Lives! Physical Activity working
group. The working group consists of representation from the Region of
Durham Health Department, Town of Ajax, City of Oshawa, City of Pickering,
Town of Whitby, as well as our own Municipality of Clarington. As an extension
of our own fitness services, the group's mandate is to provide an awareness of
physical activity and fitness as well as promote the opportunity for all to exercise
in community facilities.
1.2 In response to the growing trend in health and wellness, one of Durham Lives!
initiatives this year is to focus on the development of Youth Fitness programs.
The purpose of the program is to raise awareness among young people in our
community, of the need for physical activity and the services and programs
offered in our own facilities.
1.3 On Sunday, October 23, 2005, the Courtice Community Complex will be holding
a youth open house night. Youth will be invited to visit our fitness facility, try out
the equipment and find out more information about Teen Fit Club, a program
that will begin in January 2006.
1.4 Teen Fit Club will be led by a certified Fitness Trainer at the Courtice Community
Complex. The trainer will guide participants through a 12-week program aimed
at developing awareness of the benefits of physical activity and improving the
health and wellness of young people in our community.
2.0 COMMENTS
2.1 Teen Fit Club will be open to youth aged 13-17 years of age. The 12-week
program will cover topics such as:
. Healthy Lifestyle
. Fitness Assessment
. Anatomy & Physiology
. Principles of Training
. Proper Fitness Facility Etiquette
. Body Image
. Core Conditioning
. Sport Conditioning
. Circuit & Interval training
REPORT NO.: CSD-13-05
PAGE 3
2.2 Upon completion of the Durham Lives! Teen Fit Club program, youth who do not
meet the minimum age requirement of 15 years for our Fitness Centre Youth
Membership category will be eligible to purchase a membership.
2.3 Promotions for the Youth Open House as well as Teen Fit Club will occur in the
Clarington This Week, Clarington Infolink, in-house signage and newsletters as
well as through area schools.
2.4 In addition, Teen Fit Club will be advertised through the Clarington EazyReg
website and in the Winter 2006 Community Guide.
3.0 FINANCIAL CONSIDERATIONS
3.1 This twelve week program will be run only if there are a minimum number of
registrants to ensure a revenue-neutral or revenue-generating position.
Projected staff expenses will be $305.00. To offset this cost, we will require a
minimum of 4 participants at a registration fee of $85.00 each. The program
capacity is ten registrations. If registrations exceed demand, additional sessions
may be offered. Based on inquiries and interest received to date, we do not
anticipate an issue gaining registration into this program.
4.0 CONCLUSION
4.1 In collaboration with the Durham Lives! Youth Fitness initiative, the Community
Services Department of the Municipality of Clarington looks forward to
encouraging more young people to lead healthy lifestyles!
Cl!J!:igglOn
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
October 17, 2005
Resolution #:
Report #: CSD-15-05
File#:
By-law #:
Subject:
Lakeridge Health Oshawa Cardiovascular Prevention and
Rehabilitation Program
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report # CSD-15-05 be received;
2. THAT Council endorse the Community Services Department role as a partner in
the Lakeridge Health Oshawa Cardiovascular Prevention and Rehabilitation
Program; and
3. THAT the interested parties be informed of Council's decision.
Submitted by:
e h P. Caruana,
. ector of Community Services
Reviewed bD~--..J~-
Franklin Wu,
Chief Administrative Officer
JPC/BT/EM/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
REPORT NO.: CSD-15-05
PAGE 2
1.0 BACKGROUND
1.1 The Community Services Department received a written proposal from Lakeridge
Health Oshawa in July 2005 (Attachment #1 ) to partner with the Municipality of
Clarington to offer a Cardiovascular Prevention and Rehabilitation program at the
Bowmanville Indoor Soccer Facility.
1.2 In 2001, Lakeridge Health introduced this Cardiovascular Prevention and
Rehabilitation Program at their Oshawa campus. Shortly after its inception, the
program was granted government funding through the Ministry of Health and
Long Term Care.
1.3 Program participants are referred to the program by their general practitioner or
their cardiac specialist. Once referred, all program registration is handled by
Lakeridge Health Oshawa.
1.4 With an aim of improving cardiovascular health, the program includes a 30
minute education portion, warm up and/or resistance training, followed by
individualized exercise prescription.
2.0 COMMENTS
2.1 Shortly after its inception, the program quickly outgrew its surroundings and
moved to the Oshawa YMCA where they now have funding for 400 patients per
year. In an effort to decentralize the service as well as assist with their growth,
the program will expand this fall to the Scugog Community Centre in Port Perry.
2.2 Clarington residents, as well as residents from outlying areas, have benefited by
participation in this program. Since 2001, the Cardiovascular Prevention and
Rehabilitation program has served 267 Clarington residents. Of that total, 140
were Bowmanville, 74 were Courtice, 37 were Newcastle, 11 were Orono and 5
were Kendal residents.
2.3 Offering the program in Clarington would further benefit our residents and those
of surrounding areas by providing needed health care locally as well as
encouraging those to attend who may not have previously due to transportation
issues.
2.4 The program would be offered in Clarington at the Bowmanville Indoor Soccer
Facility, one day a week, for approximately 50 patients, with an anticipated start
date of November 2005. During the summer months, the Bowmanville Indoor
Soccer facility is utilized for summer camp programs. As a result, the
Cardiovascular Prevention and Rehabilitation Program could be relocated to the
Rickard Recreation Complex, if required.
REPORT NO.: CSD-15-05
PAGE 3
2.5 The success of the program will be re-evaluated after 6 months and annually
thereafter.
3.0 FINANCIAL
3.1 Lakeridge Health will be responsible for all registration, advertising and marketing
related to the program.
3.2 Upon approval of Report CSD-15-05, both parties will enter into a third-party
insurance agreement to the satisfaction of the Director of Finance.
Attachments:
Attachment # 1 - Cardiovascular Prevention and Rehabilitation Program - Clarington
Proposal
Interested parties to be advised of Council's decision:
Paul Sawyer
Lakeridge Health Oshawa
REPORT CSD-15.05 - Attachment #1
-----Original Message-----
From: Sawyer, Paul [mailto:psawyer@lakeridgehealth,on,caj
Sent: Monday, July 11, 2005 12:24 PM
To: Caruana, Joe
Subject: Lakeridge Health Partnership
Hi Joe,
Sorry for the delay in getting this draft of a proposal to you regarding a Cardiovascular prevention
and rehabilitation Program in the Municipality of Clarington.
Paul Sawyer BPHE, ACSM, ES, PD
Clinical Coordinator
Cardiopulmonary Laboratories
Cardiovascular Prevention and Rehabilitation Program
Cardiovascular Prevention and Rehabilitation Program
Clarington Proposal
Purpose:
To conduct a Cardiovascular Prevention and Rehabilitation Program entailing
cardiovascular education and aerobic exercise as a satellite program to the
residents of the Clarington Township and surrounding area.
Time Frame Start Date: SeDtember 2005
Satellite Program Structure:
Program is to be delivered at the Bowmanville Community Park within the indoor
soccer facility and the conference room in the south west corner of the facility.
Program:
A class could be held from 8 to 10 am Mondays, Wednesdays, Thursdays or
Fridays.
Three cardiac rehabilitation therapists located @ LHO, will travel to the facility.
Participants will gather in the conference room for 30 minutes of education and
warm-up exercises or resistance training. At 8:45 a.m. participants will begin their
individual exercise prescription.
Referral Process:
Participants are to be referred to the program by either their general practitioner
or heart specialist. Referrals are to be faxed to Lakeridge Health Oshawa. Our
staff will contact the client and arrange for a cardiopulmonary assessment at
LHO. Following the assessment, our team will arrange for a starting appointment
at the facility.
Advertisement:
Cardiovascular Prevention and Rehabilitation Coordinator will meet with local
GP's and internist, to outline our service and to develop a working relationship. A
presentation at the medical education session was given at the Memorial
Hospital in June 2005. As well, a brochure will be given to each MD to advertise
our service to their patient population.
Costs:
Salaries, Equipment, office supplies are funded by a Ministry of Health and Long
Term Care priority program grant.
Insurance Liability:
Township of Clarington would have to agree to a cross liability insurance policy in
contract with a minimum $2M general cross liability clause. (We will draw up the
agreement)
Requirements for Facility Use to run Program:
The cardiovascular team running the program will require the use of conference
room from 8 am until 8:45 am and the perimeter of the soccer field from 8:45
a.m. until 10 at no charae to the clients or Lakeridae Health Corporation.
Qm:i[]gron
REPORT
CLERK'S DEPARTMENT
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 17, 2005
Report #: CLD-040-05
File#:
By-law #:
Subject:
PROPOSED TAXI BY-LAW
RECOMMENDA liONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report CLD-040-05 be received;
2, THAT, provided there are no significant issues raised at the public meeting, the By-law
attached to Report CLD-040-05 be forwarded to Council; and,
3, THAT all interested parties listed in Report CLD-040-05 and any delegations be advised
of Council's decision,
Reviewed b~ ~-(~
Franklin Wu,
Chief Administrative Officer
PLB*LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-040-05
PAGE 2 of 3
BACKGROUND AND COMMENT
At the meeting held on September 26th, 2005 Council heard a delegation from Joseph
Fernandez, owner of Bowmanville Taxi. Mr. Fernandez had requested that the current taxi fee
structure be reviewed in the light of recent sharp increases in the price of fuel. Council
directed that staff meet with representatives of the taxi industry to discuss the issue and
determine if there was a need to make any adjustments.
As a result of the meeting, which was held on Friday September 30, 2005, staff are proposing
a series of amendments to the existing by-law. The current by-law is one year old and staff
have found a number of minor housekeeping issues which need to be addressed in the by-law.
As with the current by-law, staff believe that the new by-law is necessary in order to ensure the
safety of the public using taxis or limousines by establishing standards as to age and general
condition of any vehicle to be used for the transportation of the public under this by-law. The
regulation of fares within the by-law provides for a fair and equitable environment of
competition for the companies involved and protects the public from unfair and unscrupulous
or illegal practices.
In accordance with the requirements of the Municipal Act a public meeting is required as part
of the licencing process. The meeting has been advertised in accordance with Municipal
policy.
PROPOSED CHANGES TO CURRENT BY-LAW
As a result of the meeting with the taxi owners, staff came to a compromise agreement. While
not all companies favoured an increase at this time it was agreed that, given the recent
fluctuations in gas prices, the companies needed the ability to adjust their rates in order meet
these demands. The current "drop rate" will remain at $2.80. The fee for each 1/10 kilometre
will change to a maximum of 20~. This is an increase from the current rate of 17~ per 1/10
kilo metre. This rate will be strictly optional. The companies are free to charge less than this
amount but in no case may they exceed this amount.
The owners also expressed concern over the expiry for the annual plates and licences on
December 31 st. The companies are at their busiest in December and it is very difficult for them
to take their vehicles off the road in order to arrange all the inspections and service work
required to be submitted to renew their licences. Staff are therefore proposing to move the
deadline date to June 30th.
In the past staff have allowed companies to submit their licence applications as late as
February and have recognized an increase in the licence fee to encourage the companies to
get their completed applications in on time. This Grace Period will be removed from the by-law.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLO.040-05
PAGE3of3
Any company operating on July 1st or beyond without a current licence, will be charged and will
lose the right to automatically renew their licences. Any vehicle plates which are lost as a
result of this action will be considered as available for sale to the next interested and qualified
applicant.
Currently an outside company is also allowed to bid on the contract for school transportation.
Clarington is the only municipality in Durham Region to allow this practice. Staff believe that
this creates an unfair situation for municipal taxi companies. The proposed by-law will remove
the ability of the school board to contract with an outside company.
CONCLUSION
Barring significant adverse comments arising from the public meeting, staff respectfully
recommend that the proposed by-law be forwarded to Council for its consideration and
passage.
ATTACHMENT: #1 Taxi By-law
INTERESTED PARTIES:
1. Blueline Taxi, Roy Morrison
2. Bowmanville Taxi, Joseph Fernandez
3. Clarington Cabs, William Smale
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
ATTACHMENT , ~ iO
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT lie 1-1) (/!'d S
BY-LAW NO.
INDEX
Section Paae #
DEFINITIONS ... 2
10 LICENCE REQUIRED 4
2.0 PROCEDURES 4
3.0 RENEWALS ... 6
4.0 LICENCE FEES 6
5.0 DUPLICATE LICENCE 7
6.0 PARTNERSHIPS, CORPORATIONS AND
UNICORPORATED ASSOCIATIONS 7
7.0 INSPECTIONS DURING REASONABLE TIMES 7
8.0 NO TRANSFER 8
9.0 NO VESTED RIGHT ... 8
10.0 REVOCATION AND SUSPENSION 8
11.0 APPLICATION FOR TAXICAB/LIMOUSINE OWNER' LICENCE 9
12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENCE 10
13.0 APPLICATION FOR TAXICAB/LIMOUSINE DRIVER'S LICENCE 10
14.0 DUTIES OF TAXICAB DRIVERS 11
15.0 DUTIES OF TAXICAB BROKERS 15
16.0 DUTIES OF TAXICAB OWNERS 17
17.0 DUTIES OF LIMOUSINE OWNERS ... 19
18.0 DUTIES OF LIMOUSINE BROKERS.. 20
19.0 DUTIES OF LIMOUSINE DRIVERS ... 21
20.0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION 23
21.0 PARCELS AND DOCUMENTS 23
22.0 MODEL YEAR RESTRICTION 24
23.0 RATES AND FEES 24
24.0 NOTICE OF CHANGE OF INFORMATION 25
25.0 GENERAL PROVISIONS 26
26.0 OFFENCE AND PENALTY 27
SCHEDULE "A" - LICENCE REQUIREMENTS 28
SCHEDULE "B" - LICENCE FEES 29
SCHEDULE "C" - TARIFF RATES 30
2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.
Being a by-law to license, regulate and govern
taxi and limousine businesses
in the Municipality of Clarington
and to repeal by-law 2004-254
WHEREAS section 150 of the Municipal Act, 2001 S.O. 2001 c. 25, permits
municipalities to pass by-laws to licence, regulate and govern taxi and limousine
businesses;
AND WHEREAS except as otherwise provided, a municipality may only exercise
its licensing powers under this section, including imposing conditions, for one or
more of the following purposes - health and safety, nuisance control or
consumer protection;
AND WHEREAS Council desires to ensure the safety and economic protection
of consumers using a taxi or limousine;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows;
DEFINITIONS:
"Broker" shall mean a person who accepts bookings for any taxicab or
limousine and such broker shall be licensed as a broker
notwithstanding that such broker holds licences for a vehicle or as a
driver, but this definition shall not be construed to constitute any
person requiring a license for accepting fares while operating a vehicle;
"Clerk" means Municipal Clerk of the Corporation of the Municipality of
Clarington or the Deputy Clerk acting in place of the Clerk;
"Committee" means the General Purpose and Administration
Committee of the Council of the Corporation of the Municipality of
Clarington;
"Council" means the Council of the Corporation of the Municipality of
Clarington;
"His" shall be read with such changes of number or gender as the
context requires;
"Limousine" shall mean a motor vehicle which does not bear any
identification other than the Provincial motor vehicle licence, does not
have a taximeter, and which is kept or used for hire for the conveyance
]
of passengers solely on an hourly basis, but shall not include a taxicab
in respect for which a licence has been issued under the provisions of
this by-law to the owner, a bus, an ambulance or a hearse;
"Manifest" shall mean a daily record prepared by a taxicab driver of all
trips made by said driver showing time and place of origin, destination,
number of passengers, and the amount of the fare for each trip;
"Municipality" shall mean the Corporation of the Municipality of
Clarington;
"Owner" in reference to a taxicab or limousine shall mean the
individual(s) or corporation who owns a taxicab or limousine and is
licensed as such or is required to be licensed as such under this
by-law;
"Passenger" means any person occupying a Taxicab or Limousine
other than the driver;
"Person" includes an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a body corporate, a natural person,
and "Persons" has a corresponding meaning;
"Tariff Card" shall mean a card issued by the Municipality for display in
each taxicab which contains the rates of fare then in force;
"Taxicab" shall mean a motor vehicle kept or used for hire for
conveyance of passengers, which vehicle has seating for not more
than seven people, but shall not include a limousine in respect of which
a license has been issued to the owner thereof under the provisions of
this by-law, a bus, an ambulance or a hearse;
"Taximeter" shall mean a meter instrument or device attached to a
taxicab which measures mechanically the distance driven and the
waiting time upon which the fare is based;
"Taxi Owner" means a person who is the registered Owner of
the motor vehicle according to Ministry of Transportation documents
and who holds legal title to one or more Taxicabs;
"Trip Record" means a record of the following information;
a) Provincial Motor Vehicle Permit Number of the taxicab;
b) Taxicab plate number;
4
C) name, address and Licence number of the driver;
d) taximeter readings at the start and finish of a Taxicab
Driver's shift;
e) date, time and location of the beginning and termination of
each trip, including any stops requested by a passenger en
route; and
f) amount of the rates and fares collected for each trip.
1.0 LICENCE REQUIRED
1.1 This by-law is enacted in order to ensure the safety of the public using
taxis or limousines, to protect them from unscrupulous or illegal practices,
and create a fair and equitable business environment for all persons
covered by this by-law.
1.2 For every licence class set out in Schedule "A" attached hereto and
forming a part of this by-law, there shall be taken out by every person
carrying on business within such class a licence from the Municipality
authorizing him to carryon his trade and no person shall, either directly or
indirectly, carry on business within such class, either for profit or not, for
which a license is required by this by-law without first having obtained a
licence therefore. Failure by such a person to comply with this section
constitutes an offence.
1.3 A person who receives a licence pursuant to this by-law must comply with
the regulations set out in this by-law and all other Schedules to this by-
law, as applicable. Failure to comply with the regulations in the applicable
Schedule(s) constitutes an offence.
1.4 An agent, trustee or representative of persons carrying on business within
one of the classes as listed in Schedule "A" attached hereto and forming a
part of this by-law, in the Municipality for which a licence is required shall
also be personally liable for the compliance of his principal, beneficiary or
persons he represents in connection with this by-law. Failure by such a
person to comply with this section constitutes an offence.
1.5 No licence as provided for in this by-law may be issued to any person
under the age of 18 years.
1.6 Every applicant, other than a corporation, for a licence as provided for in
this By-law shall be able to read, speak and write the English language.
2.0 PROCEDURE
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2.1 Any person required to obtain a licence pursuant to this by-law shall apply
in writing on the appropriate application form as provided by the Clerk and
shall deposit with the Clerk, at the time of application, an application fee of
$10.00 for each business classification as well as any required approvals,
inspections or documentation required by the provisions of this by-law or
the Schedules or any other requirements as deemed necessary by the
Clerk.
2.2 The Clerk may require affidavits in support of an application.
2.3 The Clerk shall not issue a licence or renewal of a licence until:
a) all required approvals and inspections have been obtained by the
applicant;
b) all required documentation has been provided; and
c) the business licence fee have been paid in full.
2.4 The Clerk, upon receipt of the application for a licence may make, cause
to be made, or request, any additional documents, investigations or
inspections in respect of such application for a licence as the Clerk deems
appropriate or in the interest of the general public and any costs incurred
for such inspections or documents shall be at the applicant's expense.
2.5 If the investigation discloses that:
a) the applicant's premises or place of business are the subject of an
Order To Comply made under the Property Standards By-law, or an
order made under current building codes or discloses non-
compliance with the Zoning By-law or any parking requirements of
the Corporation;
b) the applicant's premises or place of business requires corrective
action to an order of the Fire Chief to ensure the fire safety;
c) the applicant is incompetent in a manner that affects the safety,
health or welfare of the public;
d) the applicant has been found to have discriminated against a
member of the public contrary to The Human Rights Code;
e) the applicant if financially obligated to the Municipality in some
manner other than for current taxes;
f) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada;
g) the applicant has been convicted of an offence pursuant to a similar
by-law in another municipality; or
h) the applicant has a prior Criminal record, for which he has not
received a Pardon, the Clerk shall deny the application.
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2.6 Notwithstanding section 2.5(b), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Clerk, of a minor nature, the Clerk may approve the
application.
2.7 An applicant who has been denied a licence by the Clerk pursuant to
Section 2.5 may request that his application be heard by Committee or
Council, which may, in its discretion, issue the licence in question. Upon
request, the Clerk shall refer the matter to the Councilor to Committee.
2.8 Councilor Committee shall consider the matter and the rules in Section10
apply with necessary modifications.
2.9 In considering an application under Section 2.6, Councilor Committee
may impose any conditions it sees fit as a requirement of obtaining,
continuing to hold or renewing a licence, including any condition which
would otherwise contravene any other provisions of the By-law.
2.10 Except as otherwise herein provided, licences shall be issued for a period
of one year and shall come into effect on July 1 ,I of each calendar year
and expire on June 30lh of the following year and the licence fee as set
forth in Schedule "B" shall not be reduced in the event that the first period
for which the licence is issued is less than one year.
2.11 It shall constitute an offence for any broker, owner or driver to continue
operating after their licence has expired.
3.0 RENEWALS
3.1 Applications for renewal of a licence issued pursuant to this by-law shall
be submitted in the same form and manner as a new application and the
application process shall be as set out in Section 2 of this by-law.
3.2 Notwithstanding Section 3.1, where a licence has been issued as a result
of a decision of Councilor Committee, if all the relevant facts and
conditions have remained the same, the Clerk may issue the licence.
4.0 LICENCE FEE
4.1 The fee for obtaining a licence or renewal of a licence shall be as set out
in Schedule "B" of this by-law. In the event that a licence is revoked or
suspended, no licence fee is refundable.
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5.0 DUPLICATE LICENCE
5.1 A duplicate licence may be issued by the Clerk to replace any licence
previously issued which has been lost, stolen or destroyed, upon written
application by the licensee and upon payment of a fee as set out in
Schedule "B".
6.0 PARTNERSHIPS, CORPORATIONS AND UNINCORPORATED
ASSOCIATIONS
6.1 A partnership, corporation, association or combination thereof shall be
considered as a single applicant.
6.2 On any application by a partnership, the licence shall be issued in the
name under which business is carried on by the applicant.
6.3 An application by a partnership shall include a statutory declaration in
writing, signed by all the members of the partnership which shall include
the mailing address of the partnership, the full names and addresses of
the ordinary residences of all partners, and a declaration that the persons
therein listed are the only members of the partnership.
6.4 Any application by a corporation shall state the full name or names under
which it carries on or intends to carryon ownership of the business and
shall contain copies of the articles of incorporation or other incorporating
documents.
6.5 An application by a corporation shall include a statutory declaration in
writing, signed by an officer of the corporation which shail state the full
names and addresses of the officers and directors of the corporation.
6.6 A change in composition of the members of a partnership or in the officers
andlor directors of a corporation shall be reported to the Municipal Clerk
within 15 days. Failure to compiy with this Section constitutes an offence.
7.0 INSPECTIONS DURING REASONABLE TIMES
7.1 The Municipal Clerk, the Chief of Police, the Medical Officer of Health, the
Fire Chief, a Municipal Law Enforcement Officer or any person acting
8
under these persons or any person authorized by Council may at
reasonable times during business hours inspect;
a) any premises or place where a trade which is subject to this by-law
is carried on or any such person has reasonable or probable
grounds to believe such a trade is being carried on; and
b) any goods, equipment, books, records or documents used or to be
used by the applicant or licensee under this By-law.
7.2 All records of inspections by any enforcement agency shall be forwarded
to the Municipal Clerk within seven days of the inspections.
7.3 It constitutes an offence for any person to obstruct or permit the
obstruction of such inspection as described in section 7.1.
8.0 NO TRANSFER
8.1 It constitutes an offence for any person to transfer or assign to any other
person, a licence issued under this By-law.
9.0 NO VESTED RIGHT
9.1 No person shall enjoy a vested right in the continuance of a licence and
upon issuance, renewal, cancellation or suspension; the licence shall
remain the property of the Municipality.
10.0. REVOCATION AND SUSPENSION
10.1 Councilor Committee may revoke, suspend, impose any conditions upon,
or refuse to issue or renew any licence to any person under this By-law.
10.2 The Clerk is authorized to suspend any license issued to any person
under this by-law pending a review by Councilor Committee.
10.3 Councilor Committee may, in exercising the discretion mentioned in
Section 10.1, consider any matter raised under paragraph 2.5 or any other
matter that relates to the general welfare, health or safety of the public.
10.4 Hearing by Councilor Committee:
a) The applicant will be advised of the date, place and time fixed for
such hearing at least five days prior to the hearing.
b) At such hearing, Councilor Committee shall receive a written report
from the Clerk and from such other persons, officers or agencies
9
who may be involved in the matter being considered by Councilor
Committee.
c) Councilor Committee shall not make a decision under Section 13.1
without first affording the person or applicant the opportunity to be
heard before the Councilor Committee.
d) After such opportunity to be heard is afforded the person or
applicant, Councilor Committee may make any decision in respect
of which the hearing was held or the opportunity for hearing
afforded without holding a further hearing or affording further
opportunity for a hearing in such matter.
e) Where the Councilor Committee conducts a hearing in respect of
any matter in this subsection, the rules set out in The Statutory
Powers Procedure Act shall apply to Councilor Committee in the
exercise of its power of decision in respect to such matter.
10.5 Where Councilor Committee has exercised it authority under section 10.1,
the decision of Councilor Committee shall be binding only on the licence
as issued for the Municipality and shall not be deemed to affect a licence
as issued by another municipality pursuant to section 16.5.
11.0 APPLICATIONS FOR TAXICAB/LIMOUSINE OWNER'S LICENCE
11.1 All applicants for a taxi or limousine Owner's licence shail include;
a) a valid Motor Vehicle Safety Standards Certificate issued by an
authorized agent under Ministry of Transportation regulations for
the vehicle to be licenced;
b) current valid Ministry of Transportation Drive Clean Emissions
certificate of compliance;
c) proof of ownership of the vehicle to be licensed;
d) a Certificate of Insurance showing that said Owner has a current
Ontario Standard Automobile policy of insurance providing for third
party liability of at least one million dollars ($1,000,000.00)
insurance coverage for the use designated in the licence; and
shall be endorsed by the issuer that the Municipality will receive at
least 10 days written notice prior to any cancellation, expiration or
variation in the amount of the policy. The certificate shall set forth
in detail the coverage of the current valid policy of insurance, the
name and address of the person insured, the policy number, the
effective date, the expiry date, the limits of liability and the details of
the motor vehicle covered;
e) a properly completed application form;
f) in respect of vehicles using propane or natural gas fuel, a certificate
from a person duly qualified to provide such a certificate dated not
more than 30 days prior to the approved licence application date;
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g) in respect of an accessible vehicle, a certificate from a qualified
person to the effect that the equipment which renders the licensed
vehicle an accessible vehicle is safe and in proper working order,
such a certificate dated not more than 30 days prior to the licence
application date.
11.2 In order to be licensed as a taxicab a vehicle must have more than two
passenger seating capacity and maximum seating is six, exclusive of the
driver.
12.0 APPLICATION FOR TAXICAB/LIMOUSINE BROKER LICENCE
12.1 All applications for a Brokers' Licence shall include:
a) proof of bonafide business location within the Municipality of
Clarington, such location to comply with all relevant municipal
by-laws;
b) Criminal Information Record check dated not more than thirty days
prior to the application date;
c) a list of all Owners with which the applicant has any arrangement or
agreement for accepting calls for service;
d) proof that the applicant is at least 18 years of age to be licensed
under the provisions of this section; and
e) a properly completed application form.
12.2 The applicant shall satisfy the Clerk that the brokerage is able to provide
24-hour taxicab service to the public for each day of the year.
12.3 The applicant shall satisfy the Clerk that he can provide an adequate legal
parking space for every vehicle he operates or has operating in respect of
his business. Such location shall comply with all relevant municipal by-
laws and other applicable legislation.
13.0 APPLICATION FOR TAXICAB/LIMOUSINE DRIVER'S L1CENCSE
13.1 All applications for a driver's licence shall include;
a) a valid Ontario Driver's Licence issued to the applicant;
b) a Certificate dated 30 days or less before the date of application;
from a duly qualified medical practitioner, stating that the applicant
is physically and mentally capable of operating a taxicab/limousine
and is free from communicable diseases;
c) an original Driver's Record Search issued by the Ministry of
Transportation which is dated not more than 30 days prior to the
date of application; and
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d) an original Criminal Information Records check, dated not more
than 30 days prior to the application date.
13.2 The applicant shall have a minimum of two years Class 'G' driving
experience prior to applying for a taxicab driver licence.
13.3 Every driver shall be able to speak, read and write the English language.
14.0 DUTIES OF TAXICAB DRIVERS
14.1 Every driver shall;
a) at all times when driving a taxicab, display his Municipal Driver's
Licence in the holder provided in the vehicle;
b) have and maintain in good standing, at all times, a Province of
Ontario Driver's Licence that does not prohibit him from operating a
motor vehicle for hire or reward and to carry said licence with him at
all times while operating a cab;
c) notify the Clerk within seven days of any criminal or Highway Traffic
Act related charges or convictions;
d) maintain the interior and exterior in good repair and keep the taxi-
cab in a clean and sanitary condition at all times;
e) keep the interior of the vehicle (including the trunk) free from dust,
dirt, grease, oil, coffee stains, tea stains and other similar
conditions;
f) keep the interior of the vehicle free from any item which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
g) keep the exterior of the vehicle free from dust, dirt, grease, oil, or
any other substance besides water or snow which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
h) keep the interior of the vehicle free of any materiai a reasonable
person would find noxious or unpleasant;
i) before operating the taxicab on any day, examine it for mechanical
defects and interior or exterior damage and report forthwith any
defects or damage found to the Owner;
j) ensure the taxicab is equipped with a functional extra tire wheel
and jack for use on that vehicie;
k) keep a daily Trip Record of all trips made by him in any taxicab,
said record to be kept in English and completed in ink and in legible
handwriting, printing, or typing;
I) completely record information showing time and place of origin,
destination, number of passengers and the amount of fare
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sequentially for each trip; trip record shall be completed
immediately upon the conclusion of a trip and prior to the
commencement of the next trip;
m) upon completion of discharging his last passenger:
i) return the taxicab to the Owner and report all accidents and
any apparent mechanical defects or damage to the Owner;
and
ii) deliver to the Owner the Trip Record;
n) unless his taxicab has been previously engaged at any place within
the Municipality and at any specified time, whether day or night,
serve the first person who may require the service of his taxicab,
and if he pleads a previous engagement he shall upon demand
give the address of the person to whom he is so engaged together
with the time and place of such engagement, provided that in the
event a licensed taxicab driver has a disability or impairment and is
unable to service the fare due to the disability of impairment; in
which event the driver shall make proper arrangements for the
servicing of the fare before proceeding to his next fare;
0) upon the request of the passenger provide a receipt showing the
amount of the fare paid, the municipal vehicle plate number and the
date;
p) be at liberty to refuse service to any person who:
i) is intoxicated or disorderly;
ii) refuses to give his destination;
iii) is in possession of an animal, other than a working
dog;
iv) is eating or drinking any food or beverage;
v) is, in the opinion of the driver, unable or unwilling to pay the
fare and has been unable to satisfy the driver that he has the
funds to pay the fare;
vi) refuses to extinguish a cigarette, cigar, or pipe; and
vii) or he has reasonable concerns for his safety provided that
such driver immediately records his reason for such refusal
on his daily trip record.
q) render such assistance as may be necessary so that the passenger
may enter or leave the taxicab, in the event the assistance of more
than one person is required, the driver shall not be required to carry
such person;
r) be civil and behave courteously;
s) be properly dressed and well groomed, neat and clean in
appearance;
t) follow the shortest route to the destination requested by a
passenger unless otherwise directed by the passenger;
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u) keep a current street guide or map of the Municipality and
surrounding area in his taxicab;
v) turn off any radio, tape player or any other sound producing device
in his taxicab, save and except a two-way radio or cellular phone
used for dispatch purposes, upon being requested to do so by any
passenger, and having done so, shall leave such device in the off
or turned down position until termination of the trip with the
passenger;
w) deliver all property or money found in his cab immediately to the
Owner thereof; if the Owner cannot be located immediately, to the
nearest police station;
x) upon the request of a passenger, activate the air-conditioning or
heating system;
y) while having care and control of a licensed vehicle, shall not permit
any other person, other than another driver licensed under this by-
law, to operate the motor vehicle;
z) produce to a Municipal Law Enforcement Officer or Police Officer,
upon demand, his driver's licence issued pursuant to this by-law;
aa) produce to a Municipal Law Enforcement Officer or Police Officer,
upon demand, his driver's licence issued by the Province of
Ontario;
bb) transport one person or group of persons in the same party for a
specific trip and charge only one fare for said trip; and
cc) ensure vehicle is used only as a taxicab and not as a limousine
unless otherwise licenced under the provisions of this by-law.
14.2 No driver shall;
a) carry in any taxicab a greater number of passengers than the
manufacturer's rating of seating capacity of such taxicab;
b) drive a taxicab with luggage or other material piled or placed in or
on the taxicab in a manner that obstructs his/her view;
c) obstruct or allow to be obstructed, by anything, the view of the
taximeter flag or light from the outside of the Taxicab;
d) drive any taxicab unless the Owner has been issued a licence
pursuant to this by-law;
e) take on additional passengers after the Taxicab has departed from
anyone starting point except at the request of the passenger(s) in
the cab or the person who hired the taxi;
f) smoke in a taxi at any time;
g) permit anyone to smoke in a taxi;
h) take, consume, or have in his possession any alcohol, drugs or
intoxicants while he is in charge of a taxicab for which he is the
driver;
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i) drive a taxicab which does not have an Owner's plate/permit
affixed to it;
j) recommend hotels, restaurants or other similar facilities unless
requested to do so by the passenger;
k) operate a taxicab when the taxicab meter does not operate
properly;
I) induce any person to engage his vehicle by any misleading or
deceiving statement or representation to that person about the
location or distance of any destination named by the person;
m) recover/receive any fare or charge from any person to whom he
has refused to show the tariff card;
n) make any charge for time lost through defects or inefficiency of the
vehicle or incompetence of the driver;
0) make any charge for the time elapsed due to early arrival of the
vehicle in response to a call for the vehicle to arrive at a fixed time;
p) engage the taxicab meter prior to passenger(s) entering vehicle
q) charge a tariff that is not in accordance with Schedule"C " of this
By-law;
r) use or permit to be used a two-way radio or monitoring device in his
taxicab which allows him to transmit/receive any frequency of a
taxicab broker licensed under this by-law, with whom he is not
affiliated;
s) operate an accessible taxicab without first having obtained training
in the proper operation of the equipment or in the special needs of
disabled passengers;
t) operate a taxicab which is not equipped with operational seatbelts;
u) operate a taxicab unless seatbelts are clearly visible to or may be
conveniently used by a passenger;
v) operate a taxicab unless it is equipped with fully functional air-
conditioning and heating systems;
w) while waiting for hire or engagement, park on any highway;
x) operate a licenced taxicab that is not insured as required by this by-
law;
y) prevent or hinder a Municipal Law Enforcement Officer or any other
person authorized by this by-law from entering the licensed vehicle
for the purpose of inspecting the vehicle or its equipment;
z) operate a taxicab equipped with a scanner;
aa) obstruct the use of any sidewalk;
bb) use any abusive or offensive language; and
cc) park, stop or otherwise stand the taxicab in a prohibited area.
14.3 If at any time the taxicab driver's photograph is not a reasonable likeness
of the driver because of physical changes, the passage of time, or poor
15
quality photograph, the Clerk may require the driver to attend the
Municipal Administrative Centre and to be rephotographed for the purpose
of issuing a replacement licence.
14.4 The Clerk may, at any time, require a licensed driver to provide him with
an updated certificate, prepared by a duly qualified medical practitioner,
attesting as to whether or not the licensee is physically fit and able to
operate a taxicab.
14.5 The driver of an accessible taxicab which has been duly licensed to
operate in more than one municipality shall ensure that no tariff other than
that permitted under the authority of this by-law is charged for any trip
originating within the Municipality of Clarington.
15.0 DUTIES OF TAXICAB BROKERS
15.1 Every taxicab broker shall:
a) maintain an office within the municipality, from which the taxicab
brokerage can be operated legally pursuant to the provisions of the
Municipality's Zoning By-law of the time;
b) require all taxicab Owners who have entered into agreements with
him for the provisions of taxicab brokerage services, to use the
same design, shape and color scheme of roof sign and to attach to
each front door of the taxicab the same identifying decal;
c) submit a copy of the roof sign design and identifying decal to the
Clerk for approval on all taxicabs employed by the brokerage;
d) carryon the taxicab brokerage business 24 hours a day during the
term of his licence, unless otherwise directed by Council;
e) keep a record of each taxicab dispatched on a trip, the time and
date of receipt of the order, and the pick-up location and retain
these records for a period of at least 12 months; said records to be
kept in English and completed in ink and in legible handwriting,
printing, or typing;
f) produce the records described in Section 15.1 (d) upon the request
of a peace officer;
g) when volume of business is such that service will be delayed to a
prospective customer, the broker shall inform the customer of the
anticipated length of the delay, before accepting the offer;
h) dispatch a taxicab to any person requesting service within the
Muncipality, unless the person has not paid for a previous trip and
these facts are verified by the broker;
i) carryon business only in the name in which he is licensed;
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j) at the request of the Clerk, provide a list showing the number of
taxicabs available for service to the public on any particular day,
including the times when each such taxicab went on the road and
the time when it was last available for service on that day and also
including the number of dispatched calls serviced by each such
taxicab;
k) keep engagements and shall not accept any engagement which
would prevent him from fulfilling a previous engagement;
I) accept calls for, and dispatches calls to licensed taxicabs and
drivers only;
m) ensure that any taxicab operated by him is driven for the
transportation exclusively of one person or group of persons in the
same party and that only one fare is collected; and
n) comply with all requirements of the Employment Standards Act.
15.2 No Broker shall:
a) accept orders for, or in any way dispatch or direct orders to a
taxicab
i) when the activity would be illegal under another municipal taxicab
or similar licensing by-law; or
ii) when the fare is less than permitted under this by-law;
b) accept orders for, or in any way dispatch or direct orders to a
taxicab, the Owner of which is not licensed under this By-law, for a
pick-up location within the Municipality;
c) dispatch or direct orders for a parcel delivery to a taxicab driver
unless the driver first agrees to make the parcel delivery;
d) require any driver to accept any order necessitating the expenditure
of money, by the driver, on behalf of the customer;
e) make any charge or financial demand, directly or indirectly, of a
taxicab Owner or lessee of a taxicab, other than dues;
f) charge a tariff or enter into an agreement to charge a tariff, which is
not in accordance with this by-law;
g) use a scanner to obtain business;
h) use or permit the use of a roof sign or decal for the taxicab other
than that authorized for his brokerage.
i) use or permit the use of a vehicle as a taxicab other than a vehicle
licenced under the provisions of this by-law; and
j) employ or permit the employment of any person as a taxicab driver
who is not authorized to do so under the provisions of this by-law.
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16.0 DUTIES OF TAXICAB OWNERS
16.1 Every Owner of a licenced taxicab shall;
a) affix securely to each licenced vehicle owned by him, in the position
approved by the Municipality. the licence plate/permit supplied by
the Municipality bearing the licence identification number;
b) ensure that such licence plate/permit remains so affixed, or if such
plate/permit is removed or lost, report the removal or loss to the
Clerk and obtain and affix a replacement plate/permit issued by the
Municipality;
c) use the same approved design, shape and color scheme of roof
sign and attach to each front door of the taxicab an approved
identifying decal which shall include the name of the broker with
whom the owner has entered an agreement for the provision of
taxicab services;
d) display at all times, in a conspicuous place in the vehicle, a current
tariff card issued by the Municipality;
e) submit his licenced vehicles for examination or inspection any time
when required by the Municipality;
f) investigate immediately, any mechanical defect in his licenced
vehicle reported to him by a driver or any other person;
g) affix a taximeter, to register distances traveled and time elapsed
and compute fares to be paid, in a conspicuous place in the
taxicab, such place to be approved by the Clerk;
h) submit any taximeter for testing, inspection and sealing by such
person as the Municipality may designate at the times required by
that person;
i) ensure the taximeter is illuminated between sunset and sunrise;
j) adjust the taximeter in accordance with rates prescribed from time
to time by the Municipality;
k) maintain the taximeter in proper working order with current set rates
as set out in Schedule "C";
I) affix a sign on the roof of the taxicab indicating the vehicle is a
taxicab of a color scheme, design and shape as set out in
subsection c) above;
m) install and maintain in proper working order a roof light that turns off
when the meter is activated, or alternatively, a dashboard light that
turns on when the meter is activated, both of which lights must be
installed so that they are clearly visible to persons outside the
taxicab;
n) ensure the taxicab is equipped with seatbelts in proper working
condition;
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0) ensure seatbelts are plainly visible to and may be conveniently
used by a passenger;
p) advise the Municipality of any change in any licence plate issued by
The Ministry of Transportation within 10 days;
q) ensure that such vehicle is used only as a taxicab and is not used
as a limousine unless otherwise licensed under the provisions of
this by-law;
r) remove from his vehicle the roof light, radio, telephone number, all
decals or other brokerage markings of the broker he is leaving and
return to the broker he is leaving all business cards and other
equipment belonging to the broker; and
s) once the licenced vehicle is no longer being used as a taxicab,
return the Municipal licence plate/permit to the Municipality.
16.2 No Owner of a licenced taxicab shall:
a) permit a vehicle to be operated if the vehicle or its equipment is
unsafe;
b) permit a vehicle to be operated unless it is insured as required by
this by-law;
c) permit any person, other than a licenced driver to operate his
licenced vehicle;
d) permit any person, other than a driver licenced pursuant to the
provisions of this by-law, to operate his licenced vehicle;
e) prevent or hinder the Clerk, the Chief of Police or any person acting
under these persons or any person authorized by Council from
entering the vehicle owned by him for the purpose of inspecting the
vehicle;
f) permit a vehicle in respect of which a mechanical defect has been
reported to him to be operated until he has inspected and ensured
that the mechanical defect, if any, has been corrected;
g) permit the vehicle to be operated while there is scanning
equipment in the vehicle;
h) permit a vehicle to be operated unless it is equipped with an extra
tire and wheel for that vehicle, ready for use;
i) permit a vehicle to be operated unless the interior and exterior of
the vehicle are clean and in good repair;
j) permit a vehicle to be operated unless the vehicle and equipment
are free from mechanical defects;
k) permit any form of advertising on exterior of the taxicab;
I) permit a taxicab plate/permit which has been issued for a specific
vehicle to be affixed to another vehicle;
m) permit a taxicab to be used unless seatbelts are plainly visible and
may be conveniently used by passengers;
19
n) permit a taxicab to be operated unless it is equipped with fully
functional air-conditioning and heating systems;
0) put any name, address or telephone number or identification other
than that of himself or the taxicab broker, with whom he is affiliated,
on his taxicab or roof sign; and
p) display or permit the display of any sign, emblem, decal, ornament
or advertisement, on or in his taxicab other than one which
identifies the taxicab company.
16.3 Notwithstanding any other provision of this by-law, owners of accessible
taxicabs may apply to license their accessible vehicles in more than one
municipality.
16.4 An owner of an accessible taxicab as referred to in section 16.3 shall be
required to comply with all the regulations as set out in this by-law prior to
becoming licensed for operation in the Municipality.
16.5 The granting of a licence to an accessible taxicab by another municipality
shall not be construed as authority to operate within the Municipality
without having first obtained a licence from the Municipality.
17.0 DUTIES OF LIMOUSINE OWNERS
17.1 Every Owner of a licensed limousine shall;
a) ensure that each licenced vehicle owned by him, has the limousine
licence plate/permit supplied by the Municipality bearing the licence
identification number present in or on the vehicle at all times;
b) ensure that such licence plate/permit remains in or on the vehicle,
or if such plate/permit is removed or lost, shall report the removal or
loss to the Clerk and affix a duplicate or replacement plate/permit
issued by the Municipality;
c) submit his licenced vehicles for examination or inspection any time
when required by the Municipality;
d) investigate immediately, any mechanical defect in his licenced
vehicle reported to him by a driver or any other person;
e) report any change of his business or residence address to the
Municipality within five days of the change; and
f) once the licenced vehicle is no longer being used as a limousine,
return the Municipal licence plate/permit to the Municipality.
17.2 No Owner of a licensed limousine shall;
a) permit a vehicle to be operated if the vehicle or its equipment is
unsafe;
20
b) permit a vehicle to be operated unless it is insured as required by
this by-law;
c) permit any person, other than a licenced driver employed by him, to
operate his licenced vehicle;
d) permit any person, other than a driver licenced pursuant to the
provisions of this by-law to operate his licenced vehicle;
e) prevent or hinder the Clerk, the Chief of Police or any person acting
under these persons or any person authorized by Council from
entering the vehicle owned by him for the purpose of inspecting the
vehicle;
f) permit a vehicle in respect of which a mechanical defect has been
reported to him to be operated until he has inspected and ensured
that the mechanical defect, if any, has been corrected;
g) permit vehicle to be operated unless it is equipped with an extra tire
and wheel ready for use on that vehicle;
h) permit vehicle to be operated unless the interior and exterior of the
vehicle are clean and in good repair;
i) permit vehicle to be operated unless the vehicle and equipment are
free from mechanical defects;
j) permit any form of advertising on the limousine;
k) cause or permit a limousine to be equipped with:
i) a two way radio or other device capable of receiving calls for
service other than a cellular phone for safety,
ii) a meter for registering distance traveled or computing fares
to be paid, or
ili) illuminated roof lights; and
I) solicit, at or in any public place, any person to take said limousine
or hold out said limousine as being available for the conveyance of
any person.
18.0 DUTIES OF LIMOUSINE BROKERS
18.1 Every limousine broker shall:
a) maintain an office within the municipality, from which the limousine
brokerage can legally be operated pursuant to the provisions of the
Municipality's Zoning by-law of the time;
b) keep a record of each limousine hire, the time and date of receipt of
the order, and the pick-up location and retain these records for a
period of at least 12 months; said records to be kept in English and
completed in ink and in legible handwriting, printing, or typing;
c) produce the records described in Section 8.1 (b) upon the request of
a peace office;
d) carryon business only in the name in which he is licensed;
21
e) keep engagements, and shall not accept any engagement which
would prevent him from fulfilling a previous engagement.
18.2 No limousine broker shall:
a) accept orders for, or in anyway direct orders to a limousine when
the activity would be illegal under another municipal Limousine or
similar licensing by-law;
b) accept orders for, or in any way direct orders to a limousine, the
owner of which is not licensed under this By-law, for a pick-up
location within the Municipality;
c) require any driver to accept any order necessitating the expenditure
of money, by the driver, on behalf of the customer;
d) make any charge or financial demand, directly or indirectly, of a
limousine owner or lessee of a limousine, other than dues;
e) use or permit the use of a vehicle as a limousine other than a
vehicle licenced under the provisions of this by-law; and
f) employ or permit the employment of any person as a limousine
driver who is not authorized to do so under the provisions of this
by-law.
19.0 DUTIES OF LIMOUSINE DRIVERS
19.1 Every limousine driver shall;
a) at all times when driving a limousine, display his Municipal Driver's
Licence in the holder provided in the vehicle;
b) have and maintain in good standing, at all times, a Province of
Ontario Driver's Licence that does not prohibit him from operating a
motor vehicle for hire or reward, and to carry said licence with him
at all times while operating a cab;
c) maintain the interior and exterior of the vehicle in good repair and
keep the limousine in a clean and sanitary condition at all times;
d) keep the interior of the vehicle (including the trunk) free from dust,
dirt grease, oil, coffee stains, tea stains and other similar
conditions;
e) keep the interior of the vehicle free from any item which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
f) keep the exterior of the vehicle free from dust, dirt, grease, oil, or
any other substance besides water or snow which can be
transferred onto the person, clothing or possessions of a passenger
by incidental contact;
g) keep the interior of the vehicle free of any material a reasonable
person would find noxious or unpleasant;
22
h) before operating the limousine on any day, examine it for
mechanical defects and interior or exterior damage and report
forthwith any defects or damage found to the Owner;
i) ensure the limousine is equipped with an extra tire wheel and jack,
ready for use on that vehicle;
j) keep a Trip Record of all trips made by him in any limousine;
k) completely record information showing time and place of origin,
destination, number of passengers and the amount of fare
for each trip; trip record shall be prepared immediately upon the
conclusion of a trip;
I) return the limousine to the Owner and report all accidents and
any apparent mechanical defects or damage to the Owner; and
deliver to the Owner the Trip Record;
m) be at liberty to refuse service to any person who:
i) is intoxicated or disorderly;
ii) refused to give his destination;
iii) has in his possession an animal, other than a working dog;
iv) is eating or drinking any food or beverage;
v) is, in the opinion of the driver, unable or unwilling to pay the
fare and has been unable to satisfy the driver that he has the
funds to pay the fare;
vi) refuses to extinguish a cigarette, cigar, or pipe;
vii) or has reasonable concerns for his safety provided that such
driver immediately records his reason for such refusal on his
daily trip record.
n) render such assistance as may be necessary so that the passenger
may enter or leave the limousine; in the event the assistance of
more than one person is required, the driver shall not be required to
carry such person;
0) be civil and behave courteously;
p) be properly dressed and well groomed, neat and clean in
appearance;
q) notify the Municipal Clerk within seven days of any criminal or
Highway Traffic Act charges or convictions.
19.2 No limousine driver shall;
a) carry in any limousine a greater number of passengers than the
manufacturer's rating of seating capacity of such vehicle;
b) drive a limousine with luggage or other material piled or placed in or
on the vehicle in a manner that obstructs his/her view;
c) drive any limousine unless the Owner has been licenced by the
Municipality;
d) smoke in a limousine at any time;
23
e) permit anyone to smoke in a limousine;
f) take, consume, or have in his possession any alcohol, drugs or
intoxicants while he is in charge of a limousine for which he is the
driver;
g) drive a limousine which does not have an Owner's plate/permit
present on or in the vehicle;
h) recommend hotels, restaurants or other similar facilities unless
requested to do so by the passenger;
i) make any charge for time lost through defects or inefficiency of the
vehicle or incompetence of the driver; and
j) make any charge for the time elapsed due to early arrival of the
vehicle in response to a call for the vehicle to arrive at a fixed time.
20.0 USE OF TAXICAB FOR SCHOOL TRANSPORTATION
20.1 A local school board may enter into a contract with a taxi company
licensed pursuant to the provisions of this By-law to transport children to
and from school within Clarington.
20.2 The Owner and/or driver of a licenced taxicab shall, while the taxi is being
used for the transportation of children to or from school, observe and
comply with the following regulation:
a) no child shall be permitted to stand while the taxi is in motion;
b) the cab shall carry on the front and at the rear thereof signs clearly
and visibly displaying the words "School Vehicle" in black letters on
a white or yellow background;
c) the signs referred to in paragraph (b) shall be carried only when the
taxicab is actually engaged in transporting children to and from
school and shall be removed when the taxicab is engaged in any
other business; and
d) the rates contained in the tariff schedule shall not apply to taxicabs
being used for the transportation of children to or from school.
21.0 PARCELS AND DOCUMENTS
21.1 A driver of a taxicab may carry parcels, letters or documents without
carrying a passenger at the same time provided that:
a) the driver maintains the taximeter in the taxicab driven by him, in
operation throughout the trip;
b) the driver takes the shortest possible route to the destination;
c) the driver charges the amount of the fare registered on the meter;
and
24
d) no passenger is accepted by the driver after he has been engaged
to deliver such parcel, letter or document.
22,0 MODEL YEAR RESTRICTION
22.1 Effective January 2005, no motor vehicle shall be used as a taxicab
unless the year date of such vehicle is eight years or less than the
licencing year.
22.2 Notwithstanding Section 22.1 above, a motor vehicle which is licenced to
operate as a taxicab or limousine on December 31,2004 may continue to
be operated and licenced until June 30, 2006, provided it meets all other
licencing requirements as set forth in this by-law.
23.0 RATES AND FARES
23.1 The rates and fares to be charged by the Owners or drivers of taxicabs
shall be as shown in the Tariff Table in Schedule C, which is attached
hereto and forms part of this by-law.
23.2 No owner or driver shall publish or use a tariff, or demand or receive rates
and charges greater than those authorized by this by-law.
23.3 Notwithstanding Section 23.2, the licencee and a customer may enter into
a written contract for services to extend for a period of one year or more
on runs between fixed points at an agreed tariff, but a duplicate original of
such contract must first be fiied with the Municipality prior to the contract
taking effect.
23.4 Notwithstanding Section 23.2, the licencee may offer a maximum 10%
discount of the approved taximeter fares to senior citizens or the
physically/mentally handicapped.
23.5 When a passenger first enters a taxicab which is equipped with a
taximeter, the driver shall immediately place the said taximeter in an
operating position and maintain it in operation throughout the trip.
23.6 If a call extends beyond the limits of the Municipality of Clarington, the
driver and passenger may agree before the start of the trip to a flat rate,
but the driver shall maintain the taximeter in operation at ali times within
the Municipality of Clarington.
25
23.7 If a call for service originates from or terminates at a location which is
more than fifteen kilometers away from the broker's dispatch office as
identified on their licence, then the driver may add an additional $15.00 to
the total owing as shown on the taximeter at the termination of the trip.
23.8 Prior to accepting a call for service where the additional charge mentioned
in Section 23.7 may apply, the dispatcher shall advise the customer of the
potential for the additional fee.
23.9 In circumstances where an additional fee as specified in Section 23.7 may
apply, the driver shall advise the customer whether or not he intends to
include the additional charge prior to the commencement of the trip.
23.10 in the event the driver has not advised the passenger of the surcharge
prior to the commencement of the trip then the driver may not apply the
surcharge to the trip.
23.11 At the conclusion of the trip the driver shall call the passenger's attention
to the amount of the fare registered on the taximeter and place the
taximeter in a non-operating position.
23.12 The tariff and rates herein authorized shall be computed from the time
when or place at which the passenger(s) first enter the cab to the time
when or place at which the passenger(s) finally discharge the cab.
23.13 Every driver shall keep and maintain at all times at least $20.00 in a
combination of bills and coins of denominations less than $20.00, such
that change may be provided to passengers of the cab.
24.0 NOTICE OF CHANGE OF INFORMATION
24.1 A licensee shall carryon business in the Municipality in the name which is
set out in the licence and shall not carryon business in the Municipality in
any other name unless he has first notified the Clerk and complied with
Section 24.2.
24.2 When a licencee changes the name or address or any information relating
to the licence, he shall notify the Clerk within five days of the change of
information relating to the licence and shall return the licence immediately
to the Clerk for amendment.
26
24.3 When the licencee is a corporation and there is any change in the
information as set out in the application for licence, such as the names or
addresses of the officers or directors, the location of the corporate head
office, the licencee shall report the change to the Clerk within 10 days
thereof and, if required by the Clerk, the licence shall be immediately
returned to the Clerk for amendment.
25.0 GENERAL PROVISIONS
25.1 Every person licenced under this by-law shall be familiar with the
provisions of this by-law.
25.2 There shall not be more than one taxicab owner's licence issued for each
3500 persons residing in The Municipality of Clarington. The ratio is to be
calculated based upon the last available census as published by Statistics
Canada.
25.3 In order to be eligible for renewal of a Taxi Broker's licence the company
must be able to show that they have operated on a full time basis, 24
hours per day, seven days per week for the full calendar year for which
they were licenced.
25.4 If at any time an officer finds that a Taxi Broker has failed to comply with
the requirements of Section 25.3 the officer may request that the
Municipal Clerk revoke the Broker's licence. In the case of such
revocation the appeal rules as set out in Section 10.4 shall apply.
25.5 In order to be eligible for renewal of a taxicab Owner's licence, the owner
must be able to show that the vehicle was operated as a taxicab for an
average of at least 35 hours per week for a minimum of 25 weeks per year
exclusive of any times which the vehicle was out of service for routine
repair and maintenance.
25.6 If at any time an officer finds that a taxicab has not been operated in
compliance with Section 25.5, the officer may request that the Clerk
revoke the licence for that taxicab.
25.7 All provisions of this by-law relating to limousines shall apply equally to
both sedan limousines and stretch limousines.
25.8 The Municipal Clerk may delegate his duties and responsibilities as set
out in this by-law to a designated person.
27
25.9 Should any provision of this by-law be declared by a court of competent
jurisdiction to be invalid, the remaining provisions shall remain in effect
until repealed.
25.10 By-law 2004-254 and its amendments are hereby repealed.
25.11 This by-law shall come into full force and effect upon final passage by
Council.
26.0 OFFENCE AND PENAL TV
26.1 Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as set forth in The Municipal
Act 2001, (S.D. 2001 c. 25).
26.2 In addition to any other penalty provided for in this by-law, Council may
suspend or revoke any licence or impose special conditions not applicable
to all other persons holding a licence, as a requirement of continuing to
hold or renew the said licence.
By-law read a first and second time this day of
,2005.
By-law read a third time and finally passed this day of
,2005.
Mayor
Municipal Clerk
28
SCHEDULE A
LICENCING TABLE OF REQUIREMENTS.
Licence Class Fee
Owner
Limousine/Taxi
Recuirements For Licence
valid Motor Vehicle Safety Standards Certificate
. Ministry of Transportation Drive Clean Emissions
Certificate for the current year
propane/natural gas certificate (if applicable)
. proof of Ownership of vehicle
Current Certificate of Insurance showing third party
liability of at least $1 ,000,000 for the use
designated in the licence
Properly completed application form
. Accessible vehicle-certificate certifying accessible
equipment
(where applicable)
Driver
LimousinelTaxi
. Proof of bona fide business location within
Municipality
. Criminal Information Request check
List of all owners with whom there is an
agreement/arrangement for calls for service
Must be at least 18 years of age
Satisfy issuer that he is able to provide 24 hour
service
Satisfy issuer that he can provide adequate parking
for every vehicle
. Properly completed application
Valid Ontario Driver's Licence
Medical certificate
Class "G" Driver's Licence
Minimum 2 years driving experience as Class "G"
driver
. Driver's Record Search
Criminal Record Check
. Properly completed application
2 pieces of identification, one of which must be a
valid driver licence
Broker
LimousinefTaxi
29
SCHEDULE B
FEES SCHEDULE
FOR TAXIS AND LIMOUSINES
ALL LICENCES ARE VALID FOR ONE YEAR ONLY
Effective Januarv 1. 2005
OWNER/BROKER
VEHICLE
REPLACEMENT PLATE
DRIVER
REPLACEMENT LICENCE
Effective Julv 1. 2006
OWNER/BROKER
VEHICLE
REPLACEMENT PLATE
DRIVER
REPLACEMENT LICENCE
Effective Julv 1. 2007
OWNER/BROKER
VEHICLE
REPLACEMENT PLATE
DRIVER
REPLACEMENT LICENCE
$100.00
$30.00
$10.00
$30.00
$20.00
$200.00
$45.00
$10.00
$45.00
$20.00
$300.00
$60.00
$10.00
$60.00
$20.00
30
SCHEDULE C
TAXI TARIFF SCHEDULE
"DROP RATE"...................................................................... $2.80
....for the first 1/1010 kilometre or part thereof
FOR EACH ADDITIONAL 1/10'. KILOMETER OR PART THEREOF... $0.20
Rate 10 increase by 1 ~ per I/Hfh kilomelre as of January 1 each year.
WAITING TIME WHILE UNDER HIRE PER MINUTE.................... $0.45
EACH PERSON IN EXCESS OF FOUR....................................... $0.40
....excludes children 8 years of age and under flat rate
REMOTE LOCATIONS
Any trip which starts or ends within the municipality at a point
more than 15 kilometers from the broker's dispatch office .......... $15.00
optional
NOTE: The driver and dispatcher MUST advise the client prior to
the commencement of the trip if the surcharge is to be
imposed.
BAGGAGE. DOCUMENTS, PARCELS
WHEEL CHAIRS AND SIMILAR DEVICES................................NO CHARGE
HAND BAGGAGE INSIDE CAB...............................................NO CHARGE
BAGS AND CARTONS CONTAINING GROCERIES
"--IF LOADED AND UNLOADED BY DRIVER PER PIECE.. $0.10
----TO A MAXIMUM OF................ $0.30
Charges for trunks and other items not covered by this tariff shall
be agreed upon at the commencement of the trip
For delivery of any parcel, document, or thing where no
passenger is carried.....minimum charge per trip ........................ $5.00
Otherwise regular tariffs apply
G.S.T. INCLUDED IN ALL RATES
IT IS AN OFFENCE TO CHARGE MORE THAN THE ABOVE
TARIFFS
CONCERNS REGARDING SERVICE CAN BE MADE BY
CALLING
THE MUNICIPALITY OF CLARINGTON AT
905-623-3319 EXTENSION 239
C/m:fflgron
REPORT
CLERK'S DEPARTMENT
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 17, 2005
Report #: CLD-041-05
File#:
By-law #:
Subject:
PROPOSED PEDDLERS BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-041-05 be received;
2. THAT, provided there are no significant issues raised at the public meeting, the By-law
attached to Report CLD-041-05 be forwarded to Council; and,
3. THAT all interested parties listed in Report CLD-041-05 and any delegations be advised
of Council's decision.
Submitted by:
Reviewed by: 0 ~ ---..,;. C-Sk..-
Franklin Wu,
Chief Administrative Officer
PLB*LC*c!
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-041-05
PAGE 2 of3
BACKGROUND AND COMMENT
The current Hawker and Peddler By-law is over 12 years old. The Municipal Act now requires
that all licencing by-laws be repealed, reviewed and, where deemed appropriate, re-introduced
every five years. Also, in accordance with the Act, a public meeting must be held prior to the
passage of the by-law. This meeting has been advertised in accordance with the
Municipality's by-law.
After reviewing the by-law staff are proposing some significant changes to the by-law. These
are in response to public concerns which have been raised over the years.
The new by-law provides for a fair and equitable environment of competition for the companies
involved and protects the public from unfair and unscrupulous or illegal practices. Safeguards
have been built into the new by-law to protect not only the customer but the public in general.
PROPOSED CHANGES TO CURRENT BY-LAW
In the past there has only been a licence for the peddler and no licencing required for any
other person working for them. Some peddlers have operated from multiple locations making
it difficult to be certain that the peddler at any given location is in fact licenced. Staff are
proposing to add a Peddler's Assistant licence. In the event of problems, it would be possible
to identify any person working for a peddler at the time of the incident.
The traditional exemptions for farmers, manufacturers, and wholesalers will continue to apply.
New exemptions have been added for sales by charitable organizations, recognized flea and
farmers markets and for trade or craft shows. Those persons operating a home based sales
business and selling items under the terms of a Direct Sales Contract will also be exempt.
In order to help protect the public in the event of an actionable accident or injury, the peddler
will be required to carry liability insurance in the amount of one million dollars ($1,000,000.00).
the insurance shall also list the Municipality as an insured party.
In response to past complaints, staff are extending the restrictions set out in the Refreshment
Vehicles By-law as they apply to vendors setting up at Special Events. A Peddler will require
the written permission of the organizer of the event prior to setting up a stand or commencing
sales within the area covered by the Special Event or Road Occupancy Permit.
Over the years staff have investigated numerous complaints of ongoing yard sales that run for
several weeks. Some people have used the cover of a yard sale to run a sales outlet from
their property. As a result, staff are proposing that yard sales be limited to 4 in a calendar year
with at least 4 weeks between each sale. If a person wishes to hold more than 4 or hold a
second sale within the 4 week span, they will require a Peddler's Licence.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-041-05
PAGE 3 of3
Given the fact that Mobile Peddlers have a greater access to the public by going door to door,
the by-law will require that a Police Criminal Record check be produced. In the event the
applicant has a Criminal Record the licence will be denied. The By-law will restrict the hours of
operation for a Mobile Peddler to 10:00 a.m. to 8:00 p.m. local time.
Any vehicle used in direct relation to the operation of a Mobile Peddler shall require a Safety
Standards Certificate prior to being licenced. The use of the Highway or any portion thereof for
peddling is prohibited. Where a Peddler sets up their sales on a highway, the Municipality may
direct the Peddler to remove their material, if the Peddler fails to comply, the Municipality may
remove the material at the expense of the peddler.
The cost of licencing has been calculated to reflect the anticipated cost of enforcement.
CONCLUSION
Barring significant adverse comments arising from the public meeting, staff respectfully
recommend that the proposed by-law be forwarded to Council for its consideration and
passage.
ATTACHMENT: #1 Peddlers' By-law
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
ATTACHMENT # J TO
REPORH r,;.JJNI/llS
MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a by-law to regulate, govern and licence
Peddlers within the geographic limits of
the Municipality of Clarington, and
to repeal By-law 92-230 and its amendments
WHEREAS pursuant to section 150(1) of the Municipal Act $,0. 2001, c,25, a
local municipality may exercise it's power to licence, regulate and govern any
business carried on within the municipality; and;
AND WHEREAS it is the intent of the Council of the Municipality of Clarington to
regulate peddlers within the municipality to protect and promote the health and
safety of its residents and to protect consumers by regulating the goods and
merchandise sold, the manner in which those items are sold and the locations
from which they are sold and to protect the residents from potential nuisance
problems by regulating the hours of operation and requiring compliance with the
provisions of the by-law;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.0 DEFINITIONS; For the purposes of this by-law;
"Certificate of Licence" shall mean a document issued by the Municipal Clerk
and bearing the seal of the Corporation of the Municipality of Clarington which
identifies the name of the holder of the licence, description of business being
licenced and where applicable the location of operation;
"Charity" and "Charitable Organization" shall include an organization if no
part of its income is paid to or otherwise made available for the personal benefit
of any of its proprietors, members or shareholders, and if one of the main aims
and normal activities includes projects and undertakings that have a charitable
objective or purpose including;
a, the relief of poverty
b, the advancement of education
c, the advancement of religion
d, other charitable purposes beneficial to the community;
1
"Council" shall mean the Council of the Corporation of the Municipality of
Clarington;
"Direct Sales Contract" shall have the same meaning as defined in the
Consumer Protection Act, R.S.O. 1990, c. C31;
"Executory contract" means a contract between a buyer and a seller for the
purchase and sale of 900ds or services in respect of which delivery of the goods
or performance of the services or payment in full of the consideration is not made
at the time the contract is entered into;
"Flea Market" shall mean a market involving multiple vendors for inexpensive or
secondhand articles;
"Goods" shall include all forms of 900ds, wares or merchandise, offered for sale
or intended to be offered for sale;
"Highway" shall have the same meaning as defined in the Highway Traffic Act,
R.S.O. 1990, c. H8;
"Itinerant seller" means a seller whose business includes soliciting, negotiating
or arranging for the signing by a buyer, at a place other than the selle~s
permanent place of business, of an executory contract for the sale of goods or
services, whether personally or by an agent or employee;
"Licence Identification Card" shall mean a photo identification card issued by
the Municipal Clerk and bearing an identification number, photo of the person
licenced and be signed by the Municipal Clerk;
"Municipal Clerk" shall mean the Municipal Clerk of the Corporation of the
Municipality of Clarington or the Deputy Clerk acting in place of the Municipal
Clerk;
"Municipal Peddler's Licence" shall mean a licence issued by the Municipal
Clerk, under the provisions of this by-law, to carry on the business of a peddler
and shall consist of both the Certificate of Licence and the Licence Identification
Card;
"Officer" shall include any sworn member of the Durham Regional Police
Services or a Municipal Law Enforcement Officer as appointed by Council;
2
"Owner" shall include the person or persons shown on the records of the land
registry office, or the tax roll of the Municipality, as having title to the land or
responsibility for it, as well as the tenant and person or persons lawfully in
possession of, or exercising control over, the property;
"Peddler" shall mean any person who goes from place to place or to a specific
place with goods, wares or merchandise for sale, or who carries and exposes
samples, patterns or specimens of any goods, wares or merchandise which are
to be delivered in the Municipality of Clarington;
"Peddler's Assistant" shall mean any person working for, or in association with
a Peddler licenced pursuant to the provisions of this by-law. Such person may
work from the same location or from a secondary location and need not be under
the direct supervision of the Peddler;
"Person" shall include an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a body corporate, a natural person, and
"Persons" has a corresponding meaning;
"Sell" includes exposing an item for sale and offering the item for sale;
"Yard Sale" shall mean the outdoor sale of used goods or household appliances
held on the premises of the seller and for a maximum duration of 3 days. Garage
Sale shall have a similar meaning.
2.0 LICENCE REQUIRED
2.1 This by-law is enacted in order to ensure the safety of the public from
unscrupulous, improper or illegal practices and to create a fair and
equitable business environment for all persons covered by this by-law.
2.2 For every licence class set out in Schedule "A" attached hereto and
forming a part of this by-law, there shall be taken out by every person
carrying on business within such class, a license from the Municipality
authorizing him or her to carry on their trade and no person shall, either
directly or indirectly, carry on business within such class, either for profit or
not, for which a license is required by this by-law without first having
obtained a license therefore. Failure by such a person to comply with this
section constitutes an offence.
3
2.3 A person who receives a Municipal Peddler's License pursuant to the
provisions of this by-law must comply with the regulations set out in this
by-law and all other schedules to this by-law, as applicable. Failure to
comply with the regulations in the applicable Schedule(s) constitutes an
offence.
2.4 An agent, trustee or representative of persons carrying on business within
one of the classes as listed in Schedule A attached hereto and forming a
part of this by-law, in the Municipality for which a license is required shall
also be personally liable for the compliance of his principal, beneficiary or
persons he represents in connection with this by-law. Failure by such a
person to comply with this section constitutes an offence.
2.5 Every person licenced pursuant to the provisions of this by-law shall carry
the Licence identification Card issued to him by the Municipality of
Clarington at all times while working and shall produce same upon
demand of an officer or any person to whom they are selling goods.
2.6 Every person licenced pursuant to the provisions of this by-law shall,
within 24 hours, produce the Certificate of Licence issued to them by the
Municipality of Clarington, following the demand of an officer.
2.7 No person shall sell or display any goods other than those indicated in
their licence application and their Certificate of Licence.
2.8 No person who is licenced pursuant to the provisions of this by-law shali
establish a display and/or sell from that location for a period longer than
fifteen minutes under the auspices of that licence uniess they have been
licenced for that location.
2.9 All licences issued pursuant to this by-law shall be issued on an annual
basis and shall expire on March 1" of each year.
2.10 There shall be no reduction of the licence fee or extension of time for
licence applications submitted after the March 1" deadline.
2.11 Every person working as an assistant to the holder of a Municipal
Peddler's Licence shall be licenced as a Peddler's Assistant.
4
2.12 Every Peddler's Assistant licenced pursuant to the provisions of this
by-law shall carry the Licence Identification Card issued to them by the
Municipality of Clarington at all times while working and shall produce
same upon demand of an officer or any person to whom they are selling
goods.
2.13 Every Peddler's Assistant licenced pursuant to the provisions of this
by-law shall, within 24 hours, produce to the investigating officer, the
Certificate of Licence issued to them by the Municipality of Clarington,
following the demand of the officer.
2.14 The Municipal Clerk, upon receipt of the application for a license may
make, cause to be made, or request, any additional documents,
investigations or inspections in respect of such application for a license as
the Municipal Clerk deems appropriate or in the interest of the general
public, and any costs incurred for such inspections or documents shall be
at the applicant's expense.
3.0 EXEMPTIONS
3.1 A Municipal Peddler's Licence shall not be required for persons selling
goods;
(a) to wholesale or retail dealers in similar goods;
(b) if the goods are grown, produced or manufactured in the Municipality
of Clarington and are peddled or sold by the grower, producer or
manufacturer or his or her agent having written authority to do so;
(c) if the goods are grown or produced by a farmer, resident in Ontario
who offers for sale or sells only the goods and produce of his or her
own farm;
(d) if the goods are peddled or sold by an owner or operator of a business
which has law1ully operated within the Municipality of Clarington for at
least twelve months prior to the date of the peddling or selling;
(e) if the goods consist of milk, cream or fluid milk products which are sold
to the consumer or to any person for resale;
5
(f) under the terms of a Direct Sales Contract as governed by the
Consumer Protection Act R.S.O., c. C. 31,
(g) for a non-profit or charitable organization, where the persons involved
are selling for the benefit of the charitable organization;
(h) as part of a recognized flea market or farmer's market lawfully
operating within the Municipality of Clarington;
(i) as part of a recognized craft or trade show operating lawfully within the
Municipality of Clarington.
4.0 GENERAL PROVISIONS
4.1 An applicant for a Municipal Peddler Licence shall specify whether they
wish to conduct their business from a specific stationary location, or if they
wish to be mobile.
4.2 An application for a Municipal Peddler Licence shall include a Certificate
of Insurance showing that said Owner has a current policy of insurance
providing for third party liability of at least one million dollars
($1,000,000.00) insurance coverage for the use designated in the licence;
and shall be endorsed by the issuer indicating that the Municipality will
receive at least 10 days written notice prior to any cancellation, expiration
or variation in the amount of the policy. The certificate shall set forth in
detail the coverage of the current valid policy of insurance, the name and
address of the person insured, the policy number, the effective date, the
expiry date, the limits of liability and the details of the coverage. The
insurance shall name the Municipality of Clarington as an insured party
4.3 No Municipal Peddler Licence or Peddler's Assistant Licence shall be
issued to any person under the age of 16 years.
4.4 No person shall be employed by a holder of a Municipal Peddler Licence
unless they have been licenced under the provisions of this by-law.
4.5 No person shall employ a person to act as a Peddler's Assistant, unless
that person is licenced pursuant to the provisions of this by-law.
6
4.6 No person shall operate as a Peddler or a Peddler's Assistant within any
area of the Municipality designated as part of a festival or event covered
by a Road Occupancy or Special Event Permit without prior written
approval of the event organizer.
4.7 Pursuant to section 4.6, any person operating as a Peddler or Peddler's
Assistant within any area as specified above, shall, upon demand of an
officer, produce the required written approval in addition to any other
requirement as set out in this by-law.
5,0 STATIONARY PEDDLER LICENCE
5.1 A Stationary Municipal Peddler Licence shall not be issued for a particular
location unless the proposed location is appropriately zoned to permit the
sale of goods from that location.
5.2 A Stationary Municipal Peddler Licence application shall include a detailed
sketch of the location of the stand or display on the proposed lot and the
measured setbacks from any entrance, road allowance or other structure
on the lot.
5.3 An application for a Stationary Municipal Peddler Licence shall include a
written declaration of permission from the property owner granting
permission for the applicant to operate from their property. Such
declaration shall indicate the duration of the sale and the nature of the
goods to be sold.
5.4 Where a peddler intends to operate their stationary sales business from
more than one location, a separate application shall be required for each
location. Such application shall contain all the information as required for
a single location.
6.0 YARD SALES
6.1 A Municipal Peddler's Licence shall not be required for a person
conducting a yard sale of goods on their own property, provided that no
person shall conduct more than 4 yard sales in a calendar year and there
shall be at least 4 weeks between each sale.
6.2 Any person conducting any number of yard sales over the number
specified above shall require a separate Municipal Peddler's Licence for
7
each week of operation of the sale or part thereof. Failure to obtain a
licence shall constitute a separate offence for each week of operation.
7.0 MOBILE
7.1 Every application for a Mobile Municipal Peddler's Licence and a
Peddler's Assistant for a Mobile Municipal Peddler shall include a Criminal
Record Search of the applicant.
7.2 If a review of the application reveals that:
(a) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada;
(b) the applicant has been convicted of an offence pursuant to a similar
by-law in another municipality; or
(c) the applicant has a prior Criminal record, for which he has not
received a Pardon,
the Municipal Clerk shall deny the application.
7.3 Notwithstanding section 7.2(c), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Municipal Clerk, of a minor nature, the Municipal Clerk may
approve the application.
7.4 No person shall carry on business as a Mobile Peddler before the hour of
10;00 a.m., or after the hour of 8:00 p.m. local time.
7.5 Where a motor vehicle is directly related to and forms part of the business
of mobile sale of goods, the applicant for a Mobile Peddler's Licence shall
submit
(a) a currently valid, Safety Standards Certificate issued by an authorized
agent under Ministry of Transportation regulations for the vehicle to be
licensed;
(b) proof of ownership of the vehicle to be licensed.
(c) Proof of insurance as required in this by-law.
8
8.0 SALES ON HIGHWAYS
8.1 No person shall impede or accost another person in an attempt to sell
their goods.
8.2 No person shall sell goods of any kind on any highway, road allowance or
from a vacant lot adjacent to any highway or road allowance within the
boundaries of the Municipality of Clarington.
8.3 Any person found selling goods from any highway, road allowance or from
a vacant lot adjacent to any highway or road allowance shall remove the
goods forthwith at the direction of an officer. Failure to comply shall
constitute an offence.
8.4 Where any person has failed to remove goods from any highway, road
allowance or vacant lot adjacent to a highway as directed by an officer, the
officer shall have the authority to and shall remove the goods or cause
them to be removed and be stored in a suitable place. All resulting costs
plus an administration fee of 15% of the total bill shall be assessed against
the owner of the goods in addition to any other action taken by the
Municipality.
8.5 No person shall obstruct or in any way interfere with an officer or other
person operating under the officer's direction in the removal of goods from
any highway, road allowance or vacant lot adjacent to a highway.
8.6 The Municipality may recover the expense incurred in removing and
storing goods as referred to in section 8.3 by action commenced against
the person who failed to remove the goods or from the owner of the goods
if the peddler and the owner are not the same person.
8.7 In performing any work as required to bring the situation into compliance,
the Municipality and its agents shall not be liable to compensate such
owner, agent, vender or employee or other person having an interest in
the goods by reason of anything done by or on behalf of the Municipality
under the authority of this by-law.
9.0 PENALTIES AND CONDITIONS
9.1 Any person who contravenes any provision of this by-law and every
director or officer of a corporation who contravenes any provision of this
9
by-law is guilty of an offence and upon conviction shall be liable to a fine
as set out in the Municipal Act, 2001.
9.2 Where a corporation is convicted of an offence under any provision of this
by-law, the maximum penalty that may be imposed on the corporation
shall be as provided in the Municipal Act 2001.
9.3 Should any section, clause, or provision of this By-law be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of this By-law as a whole or any part thereof, other than the part so
declared to be invalid.
9.4 In addition to any other penalty as prescribed, the Municipality may
suspend or revoke any licence issued pursuant to this by-law.
9.5 The provisions of this by-law shall come into full force and effect
immediately upon its final passing by Council.
9.6 By-law 92-230 and its amendments are hereby repealed.
Read a first time this day of
Read a second time this day of
Read a third time and finally passed this
,2005
,2005
day of
,2005
Mayor
Municipal Clerk
10
STATIONARY
MOBILE
ASSISTANT
CLASSIFICATION OF LICENCES
$300.00 per year
$300.00 per year
$100.00 per year
SCHEDULE A
11
C:1.{l!inglon
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY, OCTOBER 17, 2005
Resolution #:
Report #: FND-O 15-05
File#:
By-law #:
Subject:
HANOI TRANSIT GRANT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-015-05 be received;
2. THAT Handi Transit Incorporated be provided with a supplementary operating
grant of $10,000, to be financed from the Clarington Transit Reserve Fund; and
3. THAT Handi Transit Incorporated be notified of Council's decision.
Submitted by:
Reviewed Q~--= ~
Franklin Wu,
Chief Administrative Officer.
NT/hjl
REPORT NO.: FND-015-05
PAGE 2
BACKGROUND AND INFORMATION:
1.0 As Council is aware, responsibility for transit (including specialized transit) will be
transferred to the Region of Durham effective January 1, 2006. Many transitional
items are currently underway.
1.1 Clarington is responsible for costs for transit up to December 31,2005. All costs
for transit in Clarington are financed from the Clarington Transit Reserve Fund.
1.2 Communication has been received from Handi Transit Incorporated (copy
attached) indicating a potential shortfall for 2005. As this is based on an estimate
at this time, any surplus funds would be returned upon windup of the corporation.
RECOMMENDATIONS:
2.0 It is recommended that Handi Transit Incorporated be provided with the
necessary supplementary grant to finance operating costs to December 31,
2005, since a windup of the corporation is underway.
Attachment:
Attachment "A" - letter from Handi Transit Incorporated
Interested parties:
Handi Transit Incorporated
Att: Executive Director
44 William Street West
Oshawa, Ontario
L1G1J9
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
Attachment "A"
HANDI TRANSIT INCORPORATED
44 WILLIAM STREET W.
OSHAWA, ONTARIO
L1G 1J9
OFFICE
DISPATCH
DISPATCH
FAX
(905) 571-1222
(905) 725-4OCO
1-800-263-1916
(905) 571-7390
October 5, 2005
Nancy M. Taylor, B.RA., C.A.
Director of Finance/Treasurer
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
JIt(t~~~
OCl 0 5
4?UAlICIP4 l005
Ury OF
F;~," Cl.4
''''AlCE !TING;,
ON
Dear Ms. Taylor:
RE: Request for Su""lementarv Fundinl! - 2005 Handi Transit Budl!et
As you are aware, 2005 will be Handi Transit's final year of operation, thus ending a
twenty-four (24) year relationship with the Municipality of CIa ring ton. The year is also
turning out to be very challenging financially, which is complicating an orderly "wind-
down" to the operation.
Backl!:round
1. Durham Region Transit will assume Specialized Transit services effective
January 1, 2006
2. Handi Transit's agreements with the five (5) stakeholder municipalities, including
Clarington, will terminate December 31,2005.
3. Handi Transit Inc., a Not-for-Profit Organization, has commenced a process to
"wind-down" operations and legally dissolve the Corporation.
4. A clear stipulation within the dissolution process is the fact that the organization
must be free of debts and/or liabilities.
5. Over the years, Handi Transit has operated with occasional operating deficits,
however had the ability to build the recovery of a deficit into the subsequent
year's budget. With no subsequent year to rely on, any outstanding deficit would
have to be covered by the municipality.
... 2
OSHAWA - WHITBY - CLARINGTON - SCUGOG - UXBRIDGE
@
2
Potential for Oueratinl!: Deficit for the year ended Dccember 31, 2005
With reference to the attached 2005 Year-end Forecast, the main issues that could create
a deficit situation are: i) Unplanned "Union" expense item ($4.500). as a result oIa
termination settlement; and ii) Escalatinf! Diesel Fuel expense - May exceed budget by
as much as $5.000.
You'll note that we have projected a potential operating deficit of $10,000, and
respectfully request that the Municipality of Clarington approve a supplementary
operating grant, giving consideration to the special circumstances that the 2005
transition presents.
As we have demonstrated in the past, we will explore every opportunity to minimize any
deficit. At the conclusion of the 2005 independent audit, any surplus funds will be
returned to the Municipality.
Thank you for your cooperation.
Yours truly,
/~~/iM
BJ.(Ben) Chartier,
Executive Director
c.c. Board of Directors, Handi Transit Inc.
HANOI TRANSIT CLARINGTON
2005 BUDGET I FORECAST
2005 Budaet 2005 Forecast
REVENUE
Grant 148,000 148,000
Fares 23,000 23,000
Other 1,500 1,000
Total Revenue 172,500 172,000
EXPENDITURE
Administration 48,000 48,000
Operations
Fuel 13,000 18,000
Maintenance 13,500 14,000
Insurance 6,000 6,500
Taxis 2,000 2,000
Wages 65,000 65,000
Benefits 18,500 18,000
Union 0 4,500
Evening/Weekend 5,000 5,000
Other 1,500 1,000
Total Expenditure
172,500
182,000
Projected (deficit)
o
-10,000
~!.!JlilJgron
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY, OCTOBER 17, 2005
Resolution #:
Report #: FN D-016-05
File#:
By-law #:
Subject:
PROPERTY REASSESSMENT UPDATE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-016-05 be received,
Reviewed~~ ~
Franklin Wu,
Chief Administrative Officer.
NT/hjl
REPORT NO.: FND-016-05
PAGE 2
BACKGROUND:
1.0 Under the current value assessment regime that has been in place since 1998,
periodic province wide property reassessments take place under legislation put
forward by the Ministry of Finance. The Municipal Property Assessment
Corporation (MPAC) is responsible for performing the reassessments of all
properties in the province.
1.1 The 2006 taxation year is a reassessment year. This means that property values
have been revised from a property valuation date of June 30, 2003 to January 1,
2005. These values will be used for purposes of property taxation in 2006.
1.2 All properties in Clarington were mailed reassessment notices commencing on
October 13, 2005. Information is included in those notices pertaining to
processes for requesting a reconsideration and/or appealing the valuation of the
property. The municipality has received a summary of the valuation changes as
of this notice date for all properties within Clarington. No information on province
wide statistics has yet been released.
1.3 The Municipality will receive a final assessment roll for taxation purposes in early
December that will include any amendments arising as a result of requests by
taxpayers that have been processed by MPAC's cut-off dates for assessment roll
generation. These are the assessments that the 2006 budget and tax bills will be
based on. Any subsequent individual property changes are then dealt with as
write-offs in the 2006 tax year.
SUMMARY OF ASSESSMENT RELATED INCREASES:
2.0 On the attached schedules (Schedules "A" and "8"), details are provided
regarding assessment related increases for each property class as well as a
schedule indicating average assessed value and assessment related increases
for selected types of residential properties. For example, residential properties
as a whole have increased in value in Clarington by 12.66%. However, single
family detached considered separately have increased in value by 13.05%.
2.1 Please keep in mind that an assessment related increase does not indicate a tax
increase for 2006. Generally those properties that are increasing at a rate similar
to the average rate will only incur budget related tax increases or the effect of
any tax policy shifts between tax classes. It is premature at this point to
speculate on what those may be as tax policy is determined at the upper tier.
REPORT NO.: FND-016.05
PAGE 3
CONCLUSION:
3.0 The attached schedules are provided for information only in order that Council
may be informed in the event of taxpayer/constituent concerns. MPAC has
extended its call centre hours in order that they may provide an improved level of
customer service during notice mail out.
Attachments:
Schedule "A" - Total Assessed Value by Realty Tax Class
Schedule "B" - Average Assessed value by Selected Residential Properties
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169
Schedule nAn
'Ii>'""-,"~.;;TV
~,J (.:1:. ':\b'
CVA BClse Yom' CrlClIl~]c' Report
Sf~pLerllber, 2DC15
,"ll
AD 13 CLARINGTON MUNICIPALITY 1817
OM
. 2003
Value
Estimate
. 2005
Value
Estimate
6.000M
5.000M
4.000M
3,QOOM
2,OOOM
1,OOOM '
(,,~
.'
,o!"
cP
,<E' i..,1f; <} ~If; 'f,..-$:'0 .~
,~ 'i' ,< .~ i?
,0 . ~,O0
~" ,6 ~..Q
,~ l' ." ~.
~<:; 51'
..,~" ~
..,"
Commercial
C Commercial 289,159,562 316,455,221 27,295,659 9.44
G Parking Lot 303,000 334,000 31,000 10.23
S Shopping Centre 16,790,500 17,693,760 903,260 5.38
Subtotal: ~ 306,253,062 334,482,981 28,229,919 9.22
Farm
FFarm 224,809,745 256,778,280 31,968,535 14.22
Subtotal: ~ 224,809,745 256,778,280 31,968,535 14.22
Industrial
I Industrial 55,429,340 62,449,635 7,020,295 12.67
L Large Industrial 56,512,976 58,488,634 1,975,658 3.50
Subtotal: ~ 111,942,316 120,938,269 8,995.953 8.04
Managed Forest
T Managed Forest 18,735,630 20,087,090 1,351,460 7.21
.0
C
CVA BClSl, Yei:1I' Change Rep[]I'l
September', 2005
AD 13 CLARINGTDN MUNICIPALITY 1817
1.000M
. 2003
Value
Estimate
. 2005
Value
Estimate
6,OOOM
5,OOOM
4,OOOM
3,OOOM
2,OOOM
OM
(}7Y
.'
of
cP
,~
'<~
-i.,71-
,,~
,"~
<}
,<
,<0
."
~"
..}?J.r::'
~7>-
.e,rz,<:'
~'
.5<-e.
~
~v
*~0
<i'cf
~1r
.-oq,(:o
~,
<<-'
Subtotal: I 18,735,630 20,087,090 1,351,460 0.00
Multi-Residential
M Multi-Residential 47,700,860 52,458,845 4,757,985 9,97
Subtotal: ~ 47,700,860 52,458,845 4,757,985 9,97
Pipeline
P Pipeline 34,411,000 34,791,000 380,000 1,10
Subtotal: I 34,411,000 34,791,000 380,000 0.00
Residential
R Residential 5,207,466,382 5,866,573,035 659,106,653 12,66
Subtotal: I 5,207,466,382 5,866,573,035 659,106,653 12,66
Total: I 5,951,318,995' 6,688,109,5001 734,79o,505~ 12,35%1
o
3
Schedule "B"
CVA Base Year CIICIII!JC F1E,PDlot
~-=)EpWfnLJF;I', 2CCJ~1
AD 13 CLARINGTON MUNICIPALITY 1817
Average Assessed Value by Selected Residential Properties
50000
iii Avg of (~2003 CVA
Change
.J Avg of w2005 CVA
Change
350000
300000
250000
150000
100000
o
301
305
309
311
313
370
Average 2003 Average 2005 % Change
Property Codel Property Value Value in Value
Description Count Estimate Estimate Estimate
301 Single Family Detached 14,647 22S.475 254,884 13.05
305 Link Home 4,683 180,313 201,283 11.63
308 Freehold TownhousejRowhouse 1,356 148,278 166,286 11.40
311 Semi-detached residential 858 144,628 162,853 12.60
313 Single family detached on water 111 305,216 344,276 12,80
370 Residential Condominium 821 128,104 146.430 14,31
Grand Total: I 22,587 I 188,836 I 212,672 I ~
':c'
[-:1
Cl~ilJgron
REPORT
Meeting:
Date:
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
October 17, 2005
Report #: ADMIN 005-05
File # 10.12.6
By-law #
Subject:
Corporate Health and Safety Program
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.) THAT The Annual Report of the Corporate Joint Health and Safety Committee
Report ADMIN 005 -05 is received for information.
Reviewed by:
Submitted by:
,
---
rdon Weir, AMCT, CMM111
Co-Chair, Non-Affiliated 2004 - 2005
Reviewed by: 0 ~....J. ~
Franklin Wu,
Chief Administrative Officer.
GW:sr
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506
REPORT: ADM-005-05
PAGE 2
BACKGROUND
As set out in the Occupational Health and Safety Act, the Employer must prepare and
review annually a written Occupational Health and Safety policy and develop and
maintain a program to implement that policy.
The Committee is currently updating the detailed Corporate Health and Safety Program
to incorporate minor changes and additions to the various sections.
ACCOMPLISHMENTS
Since the last report to Council, the Committee would like to report on the following
activities:
. Joint Health and Safety Committee Resource Manual 2003 is being reviewed
and up-dated and will be reprinted with copies sent to all departments.
. Purchased and supplied frames for safety messages for all Municipal buildings
including arenas and pools, etc.
. Various Committee members have obtained Sector Specific Training identified
on the Joint Health and Safety Committee list on all Health and Safety Boards.
. Various Committee members have also obtained Basic Certification.
. Supplied Basic Workplace Inspection Training to Committee members and
workers assisting with the inspections.
. Added several members as sub-committee members, which assisted in
streamlining monthly inspections.
. Supplied all members, Department Heads, J.H. & S. Boards etc with current
Occupational Health and Safety Acts and Regulations.
. Purchased numerous Safety Training Video packages, and created an inventory
of current resources available.
. Terms of Reference and By-law regarding Health and Safety were reviewed and
updated in 2004, approved by Council in Report ADM-03-04
. Improvements were made to the way the Committee does business: more timely
correspondence, updated bulletin boards, improved inspection procedures and
schedules.
REPORT: ADM-OOS-OS
PAGE 3
. Over the past couple of years the Committee conducted several workplace
accident inspections. Followed up with recommendations on how to prevent any
further accidents.
. Tracked all work place accidents over the past three years and have compiled
lists of most common type accidents.
. List of these accidents circulated to the Health and Safety Committee and
Department Heads.
. In 2004 conducted several training sessions dealing with most common types of
accidents/injuries, which included proper lifting techniques and slips and trips
training.
. Supplied fire extinguisher training for municipal staff.
. Currently co-ordinating ergonomic training and individual audits where required.
. Included in annual budget, opportunity for Health and Safety Committee
Members to attend annual training conferences.
ONGOING MATTERS
These are some of the initiatives that the Committee is pursuing:
1. Up-dating and redistributing the Joint Health and Safety Committee Resource
Manual.
2. Continually monitoring Accident/Injury Reports to determine common areas that
require possible training, etc.
3. Up-dates to staff and management on current Health and Safety issues such as
Bill C-45 legislation, etc.
4. Co-ordinating Corporate wide programs offering such training as W.H.M.I.S.,
First Aid and C.P.R., etc.
REPORT: ADMIN 005 -05
PAGE 4
CERTIFICATION
Each year we encourage new members to attain their Basic Certification Training as
well, once this has been achieved, to take the Workplace Specific Certification Training.
Currently we have one affiliated co-chair certified with the Workers Health and Safety
Centre in a Train the Trainer role. Workers Health and Safety Centre offers a variety of
courses and as we purchase them our trainer will be able to deliver these courses to
both the Committee as well all staff throughout the Municipality.
CO-CHAIRS
Over the past several years Gord Weir (Non Affiliated) and Adrian Coolen (Affiliated)
have been the Co-Chairs for the Joint Health and Safety committee. Adrian Coolen
recently stepped down as co-chair and has been replaced by Craig Macklem. Adrian
remains as a Committee member.
ACCIDENTS
There have been 48 accidents reported so far in 2005 (stats ending October 30/05). Of
these 26 required first aid, 22 required medical aid and 5 were lost time accidents. We
have had no serious accidents to-date that required any type of investigation.
SUMMARY
The Joint Health and Safety Committee continues to be an effective resource to the
Employer. The Committee continues to work on awareness with regard to safety
matters and recognizing workplace risks, assisting in their resolution. The Committee
acts as the link between workers and management working to resolve all health safety
related issues. The Municipality of Clarington is fortunate to have employees,
representing both the affiliated and non-affiliated workers, who are committed to health
and safety in the workplace.
CWilJgton
MEMO
CLERK'S DEPARTMENT
To:
Mayor Mutton and Members of Council
From:
Patti L. Barrie, Municipal Clerk
Date:
October 13, 2005
Subject:
MEETING SCHEDULE
Please include the following resolution under the "Other Business" section of the General
Purpose and Administration Committee agenda on October 17, 2005:
"THAT the schedule of the Council and General Purpose and Administration Committee
meetings be amended by rescheduling the November 7,2005, General Purpose and
Administration Committee meeting to be held on November 14, 2005, at 9:30 a.m."
Patti L. Barrie, A.M.C.T.
Municipal Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
~!~JJillgron
MEMO
TO:
Mayor and Members of Council
FROM:
David J. Crome, Director of Planning Services
DATE:
October 13th, 2005
RE:
General Purpose and Administration Committee Other Business
Heritage Community Recognition Program Nominees
File No.: PLN 34.10.3
In correspondence dated August 10th, 2005, the Ontario Heritage Foundation provided
the Municipality with the opportunity to nominate individuals or groups of individuals for
recognition under the Foundations' Heritage Community Recognition Program. The
criteria for nominations states that eligibility applies to any resident who has made
outstanding volunteer contributions in their local community in the area of built, cultural,
or natural heritage preservation, or heritage garden conservation. Small project groups
may also be considered for nomination where the effort is shared, such as the co-
authors of a local history publication. Individuals who have made exceptional
contributions over a period exceeding 20 years or more may be nominated in the
Lifetime Heritage Achievement category.
The types of activity that qualify are defined below:
Built Heritage:
. leadership in the restoration and preservation of heritage structures
. long-standing voluntary service as a member of a heritage committee
. significant fund raising to support the restoration of a historic structure
Cultural Heritage:
. long-standing volunteer service to a historical society, museum, or historic site
. research or writing related to local history
. voluntary teaching of local history or traditions
. personal collections of local artifacts, heritage photographs or memorabilia that
are shared with the community
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-0830
2
Natural Heritage:
. significant volunteer work at a conservation authority or area
. outstanding contributions as a volunteer board member of a local natural heritage
organization
. demonstrated leadership in the protection of natural heritage
. significant natural heritage conservation activities by private landowners
Heritage Garden Conservation:
. hands-on volunteer work in preserving, restoring, or recreating a heritage garden
based on historical research
. significant fundraising to support the preservation, restoration, or recreation of a
heritage garden
. research or writing related to heritage gardens
Lifetime Heritage Achievement
. individual who, over the course of his or her lifetime (a minimum of 20 years) has
made exceptional contributions to built, cultural and/or natural heritage or
heritage garden conservation
A request for nominations was presented to the LACAC at their meeting of September
20th. The LACAC passed a motion to recommend that Robert Shafer, owner of the
Tyrone Mill, be nominated as the recipient in the cultural heritage category, and Tenzin
and Norman Gyaltson, owners of the former Massey factory, be nominated as the
recipient in the built heritage category. Staff and CLOCA are also recommending lrv
and Kaye Harrell, owners of Hawk Ridge Farm be nominated as the recipient in the
natural heritage category.
An advertisement for nominations was placed in the Canadian Statesmen and the
Orono Weekly Times on September 28th. No submissions were received by the October
ih deadline.
All nominations are to be endorsed by Council. Attached are the supporting reasons for
each nomination. The reasons for nomination are to be attached to the nomination form
and the form is to be endorsed by the Mayor. This submission must be forwarded to the
Ontario Heritage Foundation by October 18th.
The memorandum should be considered under the "other business section of the
October 1ih, 2004, General Purpose and Administration Committee agenda".
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the Ontario Heritage Foundation be advised that the Council of the
Corporation of the Municipality of Clarington nominates:
3
. Robert Shafer for recognition under the Heritage Community Recognition
Program for his significant contribution to the preservation of the cultural
heritage of the Municipality of Clarington,
. Tenzin and Norman Gyaltsan for recognition under the Heritage
Community Recognition Program for his significant contribution to the
preservation of the built heritage of the Municipality of Clarington, and
. Irv and Kaye Harrell for recognition under the Heritage Community
Recognition Program for their significant contribution to the preservation of
the natural heritage of the Municipality of Clarington
2. THAT Robert Shafer, Tenzin and Norman Gyaltsan, and Irv and Kaye Harrell and
the Ontario Heritage Foundation be advised of Council's decision, FORTHWITH.
vid J. Crome
IUDJCllb
cc: Franklin Wu
Patti Barrie
DESCRIPTION OF ACTIVITIES/ACHEIVEMENTS OF
ROBERT SHAFER
The Tyrone Mill began as a grist mill in 1846 but had converted to a saw mill by the time
it was purchased in 1979 by Robert Shafer. Mr. Shafer's desire was to restore the mill's
heritage function. He has accomplished this by using water power derived from a dam
and turbine system to plane and mill lumber and to turn four foot mill stones to grind
wheat. The grist mill function was reinstalled in 1996. The turbines and the supporting
timber framework were rebuilt and the mill now produces its own specialty stone ground
flour. The entire mill building is open to the public so that the wood planning, millstones
and cider press can be observed in operation.
Mr. Shafer has taken the time worn mill and made it into a cultural event. Apple cider is
produced on site by the old rack and cloth method and the mill's general store sells cider,
milled flour, and other traditional items. Past traditions are also revived in special
midnight skates on the millpond lite with oil lanterns.
Mr. Shafer voluntarily gives tours to school children, Cub Scots, Girl Guides, and seniors
groups. The mill contains photographic displays and artifacts which include wood
working tools and equipment, and flour milling tools. Mr. Shafer has also collected
books on milling from the 1800s and he regularly travels to give presentations.
Robert Shafer has researched the local tradition of grist milling, wood milling, and cider
making. His collection of local artifacts, photographs and memorabilia are shared with
the community and beyond. Mr. Shafer's restoration of the mill's operation, and his
endeavors to share his knowledge with the public have made a significant contribution to
the preservation of cultural heritage in Clarington.
DESCRIPTION OF ACTIVITIES/ACHElVEMENTS OF
TENZIN AND NORMAN GYAL TSAN
The Massey-Ferguson empire had its beginnings on a property located in Newcastle
Village. The original industrial building, used by the Masseys, and later the J. Anderson
Smith Co., sits on the comer of Beaver Street and Highway Two and is a land mark
feature in the community. The structure is listed in the Municipality's inventory as a
primary heritage resource but is not designated under the Ontario Heritage Act.
Industrial uses ceased on the site in 1990 and the property was under utilized for many
years until it was acquired by Tenzin and Norm Gyaltsan in 1997. The brick industrial
building on the comer of the site was retained and the remainder of the property was
cleared to accommodate a new supermarket. The structure was suffering from years of
neglect with broken windows and deteriorating brick and there was a concern in the
community that it would be demolished.
The Gyaltsans secured the building from further decay and in 2004 began the process of
restoration. The industrial form of the building with its flat roof, cornicing, pattern of
openings along the facades, and brick veneer has all been conserved. When the interior
of the building was being cleaned the original hardwood floors on the upper levels were
unearthed. The owners choose to restore the hardwood rather than replace it with modem
flooring. In honour of the Masseys they have established a gallery in the building as a
tribute to the history of the empire and the structure.
The Gyaltsans have shown leadership to the development industry in the refurbishing and
preservation of the Massey building. They choose to retain the building and restore it so
that it could be adaptively reused. Their strong sense of community and their
commiunent to the restoration of this structure is to be commended.
DESCRIPTION OF ACTIVITIES/ACHEIVEMENTS OF
IRV & KAYE HARRELL
Irv and Kaye Harrell are the owners of Hawk Ridge Farm which is located within a
headwater area of the Soper Creek watershed. The farm is bisected by a cold-water trout
stream with a forested valley. Since acquiring the property in 2000 the Harrells are
fulfilling their goal of naturalizing the farm and securing its future by a conservation
easement.
The Harrells have partnered with various stewardship agencies including the Wetland
Habitat Fund, Oak Ridges Moraine Foundation, and Central Lake Ontario Conservation
Authority, and have completed the retirement of more than 30 acres of farmland and have
planted more than 20,000 trees. The farm now includes numerous varieties of coniferous
and deciduous seedlings and whip stock, a wildlife corridor, nesting boxes, and a
wildflower meadow. Their efforts will result in:
. Protection of the groundwater system through land retirement
. Protection of surface water and cold water fish habitat
. Increase in forest cover for the Soper Creek watershed
. Creation of interior habitat for specialist wildlife species
. Development of a private land stewardship showpiece with high visibility and
great promotional opportunity
The Harrells have made a significant contribution to the preserving the natural heritage of
Clarington. Their leadership may also contribute to the preservation of other natural
heritage areas as Hawk Ridge Farm has become a flagship project for private land
stewardship. It is due to the commitment and knowledge of the owners, the visibility of
the project, and the multiple partner approach to natural heritage conservation that it has
become an example for others.