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HomeMy WebLinkAbout03/07/2005 Clam ors Energizing Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: March 7, 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 February 21, 2005 301 4. PRESENTATIONS \r. (a) Suzanne McCrimmon, Business Development Manager, Clarington Board of Trade - Annual Presentation (b) Dave Hardy, Hardy Stevenson and Associates Ltd., Peer Review Team for the Port Granby Project 5. DELEGATIONS (a) David Burns, Durham Christian Academy regarding Report PSD-033-05 (b) William Ing, Durham Christian Academy regarding Report PSD-033-05 (c) Mary Lou Brydson, regarding Road Allowance (d) Tracy Hamilton regarding High Density Housing Development— Aspen Spings (e) Noel Agius regarding High Density Housing Development — Aspen Springs (f) Kathryn Pellerin regarding High Density Housing Development — Aspen Springs CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 - March 7, 2005 6. PUBLIC MEETING (a) Application to Amend the Zoning By-law -84-63 501 Applicant: Baywood Homes Report: PSD-030-05 (b) Application to Amend the Clarington Official Plan 503 Applicant: First-Tech Mechanical Limited & Maria Wulczyn Report: PSD-031-05 7. PLANNING SERVICES DEPARTMENT (a) PSD-030-05 — Zoning by-law Amendment to Permit the 601 Construction of five Residential Dwellings (b) PSD-031-05 — Official Plan Amendment Application to Permit 608 Low and Medium Density Residential Uses Applicant: First-Tech Mechanical Limited and Maria Wulczyn (c) PSD-032-05 — Orono Community Improvement Program 616 �"" Approval (d) PSD-033-05 — Proposed Zoning By-law Amendment to Permit 628 a Private Elementary School Applicant: Durham Christian Academy (e) PSD-034-05 — Application for Removal of Holding Symbol 637 Applicant: Port of Newcastle Homes Limited (f) PSD-035-05 — Bowmanville Community Improvement Plan 643 8. ENGINEERING SERVICES DEPARTMENT (a) EGD-06-05 — Confidential Report (circulated under separate cover) 9. OPERATIONS DEPARTMENT No Reports 10. EMERGENCY AND FIRE SERVICES DEPARTMENT `r,,. No Reports G.P. & A. Agenda - 3 - March 7, 2005 11. COMMUNITY SERVICES DEPARTMENT No Reports 12. CLERK'S DEPARTMENT (a) CLD-07-05 — Use of Municipal Buildings 1101 (b) CLD-09-05 — Volunteer Services Awards 1105 (c) CLD-10-05 — Orono Cemetery Board 1107 (d) CLD-011-05 — Public Safety Related to Dogs Statute Law 1109 Amendment Act, 2005 13. CORPORATE SERVICES DEPARTMENT (a) COD-009-05 — Oshawa/Clarington Association for 1201 Community Living and John Howard Society Lease Agreements (b) COD-010-05 — Request for Proposal RFP2005-4 - 1225 Newcastle Village Facility Study (c) COD-011-05 — Fire Station #4, 3289 Trulls Road, Courtice 1229 (d) COD-012-05 — Public Sector Salary Disclosure Act 1231 (e) COD-013-05 — Request for Proposal of RFP 2004-14 - 1233 Document Imaging (f) COD-014-05 — Early Tender Calls 1236 14. FINANCE DEPARTMENT (a) FND-003-05 — Mayor & Councillor's Remuneration & Expenses 1301 for 2004 15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 16. UNFINISHED BUSINESS �r. G.P. & A. Agenda - 4 - March 7, 2005 17, OTHER BUSINESS 18. ADJOURNMENT ! , r_ « General Purpose and Administration Committee ; � Minutes ' t.rew�`wY aFe ff., February 21, 2005 ' Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 21, 2005 at 9:30 a.m., in the Council Chambers. ' ROLL CALL Present Were: Mayor J. Mutton 1 Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle 1 Councillor G. Robinson Councillor J. Schell ' Absent Were: Councillor C. Trim ' Also Present: Chief Administrative Officer, F. Wu Manager, Transportation and Design, L. Benson Director of Community Services, J. Caruana t Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Senior Planner, Community Planning, R. Holy ' Director of Operations, F. Horvath Director of Corporate Services, M. Marano Manager, Community Planning, C. Pellarin ' Director of Emergency Services, G. Weir Planner, Community Planning, J. Wiejusundara Deputy Clerk, A. Greentree ' Clerk II, C. Doiron Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST 1 There were no disclosures of pecuniary interest stated for this meeting. MINUTES ' Resolution #GPA-089-05 ' Moved by Councillor MacArthur, seconded by Councillor Schell THAT the minutes of the regular meeting of the General Purpose and Administration Committee ' held on February 07, 2005, be approved. CARRIED 1 1 - 1 - 301 General Purpose and Administration Committee Minutes February 21, 2005 , PRESENTATIONS There were no items to consider under this section of the agenda. 1 DELEGATIONS , (a) Denis O'Connel, Truestone Project Managers, introduced Dennis Bryan, Barry Bryan and Associates regarding Report PSD-028-05. Mr. O'Connel asked that Attachment 1 be the ' preferred design. Mr. Bryan requested the minimum percentage of lot frontage occupied by a street-related building be amended to 15% from 35%. He also stated that, regarding item 8.2 of Report PSD-028-05, the applicant will be relying on staff to combine plans with those , of the other developers. Mr. Bryan advised that it is the applicant's intention to construct the office space at the same time as the commercial space. They thanked Council and staff for their work on this application. , c6uncillor Schell chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Clarington Official Plan and Zoning ' By-law 84-63 ' Official Plan Amendment and Rezoning Application for a High Density Housing Development Applicant: Martin Road Holdings Limited ' Report : PSD-021-05 Jannaka Wiejusundara, Planner, Community Planning, gave a verbal report pertaining to ' Report PSD-021-05. John Linney spoke in opposition of this application and asked for clarification regarding the t zoning change of the proposed property. He stated that the property was initially zoned for semi-detached not for apartments when he purchased his home. He feels that the apartment building proposed will devalue his home. Mr. Linney is also concerned about the increase of ' traffic volume, with the increase in residents and with the proposed construction of a new Catholic School. Mr. Linney is concerned that his privacy in his backyard will be compromised with the construction of apartment buildings. ' Harry Locke spoke in opposition of this application. He stated there are existing traffic problems for the residents in the area, and he feels that the proposed development will ' increase the problem further. He believes there should be an underpass constructed to provide direct access to the mall and the new high school. Mr. Locke also stated that the GO Station will also cause traffic issues in this area, and should be constructed south of Hwy ' 401. Rhonda Grundy wishes to be added to the interested party list. ' - 2 - - 302 General Purpose and Administration Committee Minutes February 21, 2005 ' Tracy Hamilton spoke in opposition of this application and stated her concern with the ' apartments being rental units. She feels that this will devalue the homes in the residential area. Ms. Hamilton is already concerned with volume of traffic that has increased within this area and she feels that the apartments will cause even more congestion. She further stated that she is concerned that too much is being crammed into the area. No one spoke in support of this application. ' Kelvin Whalen stated on behalf of the applicant, that he would give some clarification to the concerns of the residents within the proposed area. The apartment will be a maximum 4 ' story building. He stated that Aspen Springs was constructed wider to accommodate the anticipated traffic volume, and that a number of improvements to Hwy 57 are anticipated. Mr. Whalen mentioned that he was available for questions from the Committee. Subject: Application to Amend the Zoning By-law 84-63 Zoning By-law Amendment to permit the construction of two residential ' dwellings Applicant: Vermont Village Homes Inc. (Baywood Homes) Report: PSD-022-05 ' David Crome, Director of Planning Services, gave a brief verbal report pertaining to Report PS D-022-05. ' No one spoke in opposition to or in support of this application. Bryce Jordan, Sernas and Associates, spoke on behalf of the applicant and thanked staff for working expeditiously on this matter. ' (c) Subject: Application to Amend the Clarington Official Plan and Zoning By-law Official Plan Amendment and Rezoning Applications to permit retail commercial and large format retail uses ' Applicant: AYT Corporation Report: PSD-023-05 ' Richard Holy, Senior Planner, Community Planning, gave a verbal report pertaining to Report PSD-023-05. ' Ron Hooper, Chair, Bowmanville BIA, spoke in opposition to this application. He referred to the OMB Decisions from 1982 and 1994 ruling against a commercial development at Hwy 401 interchange. That the OMB ruled that rezoning for commercial uses should be approved ' only when populated growth necessitates increased commercial requirements. He further stated that the Historical Downtown Bowmanville should not be compromised. Ron Christianson a resident of Wilmot Creek spoke in opposition to this application and stated that he is concerned with the potential increase in traffic at Bennett Road that will be generated by this development. t ' " 3 " 303 General Purpose and Administration Committee Minutes February 21, 2005 ' Patti Thompson spoke in opposition to this application and stated that she is concerned with the depletion of farmland. , No one spoke in support of this application. Peter Walker, Walker Nott Dragecivic Associates Limited, spoke on behalf of the applicant. Mr. Walker clarified that the lands have been designated as light industrial. The applicant would consider construction of the extension of Baseline and support servicing the area with , full municipal services which will bring these services in well ahead of the Region's proposed schedule. The applicant does however, request that the Bennett Road interchange stay open. Mr. Walker advised that he was available to answer questions from Committee. , Mr. Walker confirmed that the food store and department store proposed can be reconsidered to bring the proposed site to a higher end development. (d) Subject: Proposed Street Name Changes , Recommended streetname changes for Northwest Bowmanville Applicant: Municipality of Clarington , Report: PSD-024-05 Blair Smyth spoke in opposition to the proposed streetname changes. He advised Council ' that the Jackman Road sign has already been changed to Longworth Avenue and he understood that the signs were not to be erected until receiving Council's approval. He also ' stated that Middle and Scugog Roads have been the same street names for many years and he feels that there is no reason to change the names of these streets. Mr. Smyth advised the Committee that he does not appreciate the changes. ' No one spoke in support of this application. PLANNING SERVICES DEPARTMENT , OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION FOR A HIGH DENSITY ' HOUSING DEVELOPMENT APPLICANT: MARTIN ROAD HOLDINGS LIMITED ' Resolution #GPA-090-05 Moved by Councillor Robinson, seconded by Councillor Foster ' THAT Report PSD-021-05 be received; , THAT the application to amend the Clarington Official Plan and Zoning By-law submitted by Mr. Kelvin Whalen on behalf of Martin Road Holdings Limited be referred back to the staff for a ' subsequent report upon receipt of all outstanding agency comments; and -4 - 304 t ' General Purpose and Administration Committee Minutes February 21, 2005 ' THAT the applicant and all interested parties listed in Report PSD-021-05 and any delegation be ' advised of Council's decision. CARRIED ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF TWO RESIDENTIAL DWELLINGS APPLICANT: BAYWOOD HOMES Resolution #GPA-091-05 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-022-05 be received; ' THAT provided there are no significant issues raised at the public meeting, the rezoning api plication submitted by Baywood Homes be approved and that the Zoning By-law Amendment attached to Report PSD-022-05 be adopted by Council; and THAT all interested parties listed in Report PSD-022-05 and any delegations be advised of ' Council's decision. CARRIED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT RETAIL COMMERCIAL AND LARGE FORMAT RETAIL USES APPLICANT: AYT CORPORATION ' Resolution #GPA-092-05 ' Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-023-05 be received; ' THAT the applications submitted by Walker Nott Dragecivic Associates Limited on behalf of AYT Corporation be referred back to Staff for further processing and the preparation of a further report ' following the receipt of all outstanding information and agency comments; and THAT all interested parties listed in Report PSD-023-05 and any delegations be advised of ' Council's decision. CARRIED 1 - 5 - - 305 General Purpose and Administration Committee Minutes ' February 21, 2005 ' RECOMMENDED STREET NAME CHANGES FOR NORTHWEST BOWMANVILLE Resolution #GPA-093-05 , Moved by Councillor Robinson, seconded by Councillor Foster ' THAT Report PSD-024-05 be received; THAT the by-law attached to Report PSD-024-05 to amend By-law 86-112, being the Street Name ' Map and Street Name Inventory, be approved; THAT each residential property owner be remunerated $50.00 and each private school be remunerated $150.00 in recognition of the inconvenience and costs associated with the street name change; ' THAT the funds for remuneration for street name changes in northwest Bowmanville be paid from Account #100-x-x-x-2901 Working Funds Reserve; ' THAT a copy of Report PSD-024-05 and Council's decision be forwarded to the Durham Regional Police and the Region of Durham Planning Department; and ' THAT all interested parties listed in Report PSD-024-05 and any delegations be advised of Council's decision. ' CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE ' MEETING OF FEBRUARY 3, 2005 Resolution #GPA-094-05 , Moved by Councillor Pingle, seconded by Councillor MacArthur , THAT Report PSD-025-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on February 3, ' 2005 for applications A2005/001, A2005/003 and A2005/004; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of , the Committee of Adjustment. CARRIED ' 1 - 6 - 306 General Purpose and Administration Committee Minutes February 21, 2005 ' APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PORT OF NEWCASTLE HOMES ' Resolution #GPA-095-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-026-05 be received; THAT the request for removal of Part Lot Control with respect to Lots 2 to 9 inclusive, 12 to 17 ' inclusive, 40 to 45 inclusive, on Plan 40M-2220 and Lots 1 to 19 inclusive, on Plan 40M-2226, be approved and that the Part Lot Control By-law attached to Report PSD-026-05 be passed pursuant to Section 50 (7.1)of the Planning Act; and ' THAT all interested parties listed in Report PSD-026-05, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ' CARRIED SOUTH COURTICE BUSINESS PARK STUDY— EXTENSION OF INTERIM CONTROL ' BY-LAW Resolution #GPA-096-05 ' Moved by Councillor Foster, seconded by Councillor MacArthur ' THAT Report PSD-027-05 be received; THAT Council pass a By-law to extend the period of time that Interim Control By-law 2004-061 ' would be in effect as contained in Report PSD-027-05 as Attachment 1; and THAT notice of passing of the extension of Interim Control By-law 2004-061 be given in accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended. CARRIED ' REZONING APPLICATION TO PERMIT RETAIL AND OFFICE USES KING STREET EAST, COURTICE APPLICANT: 1287561 ONTARIO LIMITED Resolution #GPA-097-05 ' Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report PSD-028-05 be received; THAT the application submitted by 1287561 Ontario Limited to permit 2,650 sq.m. of retail commercial and office uses be approved; - 7 - ` 307 General Purpose and Administration Committee Minutes ' February 21, 2005 ' THAT the changes to the application are deemed minor and a further public meeting is not necessary; , THAT the By-law attached to Report PSD-028-05 be passed and a copy forwarded to the Regional Municipality of Durham; and ' THAT all interested parties listed in Report PSD-028-05 and any delegations be advised of Council's decision. ' CARRIED AS AMENDED LATER IN THE MEETING (SEE FOLLOWING AMENDING MOTION) ' Resolution #GPA-098-05 Moved by Mayor Mutton, seconded by Councillor MacArthur ' I THAT the foregoing Resolution GPA-097-05 be amended by adding the following: ' (a) revising subsection b)i) of the draft by-law attached to Report PSD-028-05 to reduce the minimum percentage of lot frontage occupied by a street-related building from 35% to ' 15%; and (b) adding a new subsection b)vii) to the draft by-law attached to Report PSD-028-05 as ' follows: "vii) no building may be used on any portion of the lands zoned C1-39 for one or more of ' the permitted non-residential uses unless an office building comprising a minimum of 230 sq.m. leasable total floor area is constructed on the land.'; and THAT the by-law be forwarded to Council when Staff are satisfied with the securities arrangement. ' CARRIED The foregoing Resolution #GPA-097-05 was then put to a vote and "carried as amended". ' CONFIDENTIAL REPORT— PERSONNEL MATTER ' Resolution #GPA-099-05 ' Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report PSD-029-05 be referred to the end of the agenda to be considered at a "closed" , meeting. CARRIED ' Councillor MacArthur chaired this portion of the meeting. 1 '8 ' 308 , General Purpose and Administration Committee Minutes t February 21, 2005 Resolution #GPA-100-05 ' Moved by Councillor Robinson, seconded by Councillor Schell ' THAT Committee recess for 10 minutes. CARRIED The meeting reconvened at 10:50 a.m. ' ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2005 ' Rpsolution #GPA-101-05 ii ' Moved by Councillor Schell, seconded by Councillor Pingle THAT Report EGD-04-05 be received for information. ' CARRIED PRE-BUDGET APPROVAL OF CAPITAL WORKS PROJECTS FOR THE RECONSTRUCTION t OF: SCUGOG STREET— MIDDLE ROAD TO FUTURE BONS AVENUE, BOWMANVILLE HUNT STREET — BASELINE ROAD TO ALBERT STEET, BOWMANVILLE ' STATION STREET — MAIN STREET (REGIONAL ROAD 17) TO COBBLEDICK STREET, ORONO ' Resolution#GPA-102-05 Moved by Councillor Schell, seconded by Councillor Robinson ' THAT Report EGD-05-05 be received; ' THAT pre-budget approval in the amount of $1,750,000 be granted for the reconstruction of Scugog Street— Middle Road to Future Bons Avenue; ' THAT pre-budget approval in the amount of$1,070,000 be granted for the reconstruction of Hunt Street— Baseline Road to Albert Street; ' THAT pre-budget approval in the amount of$520,000 be granted for the reconstruction of Station Street— Main Street (Reg. Rd. 17) to Cobbledick Street; and ' - 9 - 309 General Purpose and Administration Committee Minutes February 21, 2005 ' THAT staff proceed with the coordination and authorization of necessary utility relocation, with land acquisition negotiations with the affected parties adjacent to the subject projects, and with the ' preparation of all necessary tender documentation and detailed design for all three of these projects and call for tenders as early as possible. CARRIED , Mayor Mutton chaired this portion of the meeting. ' OPERATIONS DEPARTMENT ' PITCH IN CANADA Resolution #GPA-103-05 ' Moved by Councillor Schell, seconded by Councillor MacArthur ' THAT Report OPD-001-05 be received for information. CARRIED ' ONTARIO DRINKING WATER STANDARDS Resolution #GPA-104-05 ' Moved by Councillor Robinson, seconded by Councillor MacArthur ' THAT Report OPD-002-05 be received for information. ' CARRIED Councillor Pingle chaired this portion of the meeting. ' EMERGENCY SERVICES DEPARTMENT ' MONTHLY RESPONSE REPORT— JANUARY 2005 , Resolution #GPA-105-05 ' Moved by Councillor Schell, seconded by Councillor Robinson THAT Report ESD-003-05 be received for information. ' CARRIED - 10 - 310 ' ' General Purpose and Administration Committee Minutes ' February 21, 2005 COMMUNITY SERVICES DEPARTMENT ' There were no items considered under this section of the agenda. ' Councillor Foster chaired this portion of the meeting. ' CLERK'S DEPARTMENT ' QUARTERLY PARKING REPORT Resolution #GPA-106-05 fMoved by Councillor MacArthur, seconded by Councillor Schell ' THAT Report CLD-05-05 be received; and THAT a copy of Report CLD-05-05 be forwarded to the Bowmanville Business Centre for their information. CARRIED ' PRIVATE PARKING ENFORCEMENT Resolution #GPA-107-05 ' Moved by Councillor Schell, seconded by Councillor Robinson ' THAT Report CLD-06-05 be received; THAT the by-laws attached to Report CLD-06-05 to appoint parking enforcement officers for ' private property be forwarded to Council for approval; and THAT James Barr, Christopher Templeton and Munyaradzi Chitengu, Securitas Canada Ltd., ' Valiant Property Management and Newton Trelawney at NCC #1 be advised of Council's actions. CARRIED ' CLARINGTON ACCESSIBILITY BUSINESS COMMUNITY CHALLENGE Resolution #GPA-108-05 ' Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report CLD-08-05 be received for information. CARRIED ' - 11 ' General Purpose and Administration Committee Minutes , February 21, 2005 ' Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2004-40 2005 TREE MAINTENANCE PROGRAM ' Resolution #GPA-109-05 ' Moved by Councillor Schell, seconded by Councillor Pingle THAT Report COD-006-05 be received; THAT Tender CL2004-40 be awarded to The Wilderness Group, Wawa, Ontario, for the provision ' of all labour, material and equipment required for the 2005 Tree Maintenance Program at an e0imated cost of$35,947.00, plus GST; and THAT the funds in the amount of$35,947.00 be drawn as follows: ' a) $30,000.00 from the 2005 Parks Maintenance Account #100-36-325-10115-7163; and b) $6,000.00 from the 2005 Brush Removal — Other Professional Fees Account ' #100-36-380-10230-7161. CARRIED QUOTATION 02004-17, SUPPLY & APPLICATION OF DECALS, LOGO'S AND GRAPHICS ' Resolution #GPA-110-05 , Moved by Councillor Schell, seconded by Councillor Pingle THAT Confidential Report COD-007-05 be received; ' THAT Forsey Signs, Oshawa be awarded the contract for the supply and application of Decals, , Logos and Graphics on an "as required basis" for a term of one year from date of contract award; and ' THAT the funds be drawn from the respective departments' current operating budgets. CARRIED ' - 12 - 312 , General Purpose and Administration Committee Minutes February 21, 2005 FINANCE DEPARTMENT ' LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-111-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report FND-002-05 be received; and THAT the attached list to Report FND-002-05 of applications for cancellation, reduction, apportionments or refund of taxes be approved. ' 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 Resolution #GPA-112-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" for consideration of Confidential Report PSD-029-05 pertaining to a personnel matter. ' CARRIED RATIFY ACTIONS ' Resolution #GPA-113-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the actions at the "closed" meeting be ratified. ' CARRIED ADJOURNMENT - 13 - 313 General Purpose and Administration Committee Minutes t February 21, 2005 ' Resolution #GPA-114-05 ' Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the meeting adjourn at 11:05 a.m. ' CARRIED MAYOR DEPUTY CLERK ' 1 - 14 - 314 ' ' Public Meeting CORPORATION F THE Report # PSD-030-05 a MUNICIPALITY OF PUBLIC ME Baywood Homes (='�■�j`J(�j NOTICE OF PUBLIC MEETING teadcn arse wa. I DEVEL�PMENYT APPLICATION BY: BAYWOOD HOMES ' AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning ' By-law Amendment, under Section 34 of the Planning Act,1990,as amended. APPLICATION DETAILS t The proposed Zoning By-law Amendment submitted by Baywood Homes permits the construction of 5 detached dwellings. The subject property is located in Part Lot 10, Concession 2, former Township of Darlington at 239 Liberty Street ' North, Bowmanville. Planning File No.: ZBA 2005/002 ' 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: Monday,March 7,2005 TIME: 9:30 a.m. ' PLACE: Council Chambers,2n°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, March 21, 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, March 16,2005, to have your name appear in the Agenda. I ' 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`ihe ' proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department 2ntl Floor,4,40 Temperance Street,Bowmanville,Ontario L1 C 3A6. 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, Sd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C.3A6, or by calling Bob Russell at(905)623-3379 extension 341 or by e-mail at brusseil @cladngton.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 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. Dated a e Municipality of Clarington this 25th day of January, 2005. ' Davi rome, M.C/.II..P.,,RP.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario fl 1 Municipality of Clarington L1C 3A6 1 1 SCOTTSDALE DRIVE .rr• � N 3 8 Oa LOT ssro.o55io y T * cYi ;. xy 0. ' p$ o$ ox 1 ox \ m$ a m€ I mg m8 ! m� REGISTERED ml} PLAN 3 . •� • t • �A Y 1! i rOY01 rlY,i 1 i f` 'wk. YYI •a ,y v 'xSn Lf RT Y i PART 6 g - y PART 3 PART 4 F PART 5 PART I, •..^ � } ru•o•nW ; ' ru.•ar � m••�r i� v PLAN 40R -13953 4 F WE ' :. ,Yr. . .•rm. r,Y • Yr'Y+N rc • YYr sY . 'COCIGES LOT 4 BLOCK A, , . C.G HANNING'S ' . PART 2, ('LAN 40R-13953 .PART A .PLAN PN. IMP IYDi Ptl - YYR9 Bowmarnille Key Mapes l , Fly 3 � � ZBA 2005-002 Zoning By-law Amendment ' Subject ' Lands '. FK Owner: Randall and Linda Norrish 502 , ' e CORPORATION OF THE Public Meeting Uawding mot-/-ny� MUNICIPALITY OFCBLIC TON Report q H MECH1-05 �a�n/ill NOTICE OF PUBLIC MEETING FIRST-TECH MECHANICAL e Way _ LIMITED 6 MARIA WULEZYN DEVELOPMENT APPLICATION BY: FIRST-TECH MECHANICAL LIMITED&MARIA WULCZYN ' - AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN - TAKE NOTICE that the Council of the Corporation of the Municipality of Cladngton will consider a proposed Official Plan Amendment,under Section 17 of the Planning Act,1990,as amended. ' APPLICATION DETAILS The proposed Official Plan Amendment submitted by First-Tech Mechanical Limited and Maria W ulczyn would permit the development of low and medium density residential uses and permit the severance of an existing single - detached dwelling from d e property. The subject property is a 0.39 hectare parcel of land located at 1613 Highway 2,Courtice. Planning File No.: COPA 2005-002 (Related files include ZBA 2001-016,S-G2001.002,and LD 159/2000) PUBLIC MEETING The Municipality of Cladnghm 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: Monday,March 7,2005 TIME: 9:30 a.m. PLACE: Council Chambers,2ne 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 oommences. ' -If you cannot attend the Public Meeting on this application,you can make a deputation to Council at their meeting on Monday, March 21, 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, March 16, 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 Official Plan Amendment, you must submit a written request to the Clerk's Department, 2n0 Floor, 40 Temperance Street,Bowmanville,Ontario L1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval,unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment,the decision to adopt by Cladngton Council becomes final,subject to any appeal during. the statutory appeal period. 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, a Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling - Richard Holy at(905)623-3379 extension 332 or by e-mail at rholy nxinicipality dadngton.on.ea• APPEAL 9 a person or pudic body that files a notice of appeal of a decision for the proposed Official Plan Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted,the Ontario Municipal Board may dismiss all or part of the peal. Dated at the Municipality of Cladngton this 1 d°day of February,2005. TM.C.I.F.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 503 DURHAM HIGHWAY 2 ,�. BLOC a a.i ,nH> • r..�,,.. B 7 7- -- --�---- A--0 — 77- BLO K 4 I t I i e BLOCK 1 ; � I I L X. R sic P AP—TL OF ,LOT 1. CON SSION` I i / 0 .I 1 - ' T 1 LOT 2 LOT F , 0 ' aCK e �- KENNEDY DRVE •fir' — Courtice Key.Map COPA 2005-002 ' Subject Clarington Official Plan Amendment Lands MaKw.R a Related Files 8-C-2001-002 Subdivision S ubdivision Application ZBA 2001.016 s Zoning Byelaw Amendment & LD.15912000 , land Division Owner: Maria Wulczyn and First-Tech Mechanical Limited - 509 Iarigton REPORT ' PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 7, 2005 Report#: PSD-030-05 File #: ZBA 2005-002 By-law #: Subject: ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF FIVE RESIDENTIAL DWELLINGS APPLICANT: BAYWOOD HOMES RECOMMENDATIONS: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT report PSD-030-05 be received; 2. THAT provided there are no significant issues raised at the public meeting, the rezoning application submitted, by Baywood Homes be APPROVED and that the attached Zoning By-law Amendment be adopted by Council; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ' Submitted/by: , Reviewed by: d J. e, MCI . .P. Franklin Wu, ctor o lanning S6rvices Chief Administrative Officer BR/CS/DJC/df 23 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T (905)623-3379 F (905)623-0830 _ 601 REPORT NO.: PSD-030-05 PAGE 2 ' 1.0 APPLICATION DETAILS ' 1.1 Owner: Randall and Linda Norrish , 1.2 Applicant/Agent: Baywood Homes 1.3 Rezoning: from "Agricultural (A)" to "Urban Residential Type Two (R2) , 1.4 Area: approximately 745 square metres ' 1.5 Location: The area subject to the proposal is a landlocked parcel southeast of the Liberty Street North/Scottsdale Drive intersection, to the rear of 241 Liberty Street North, being Part of Lot 10, Concession 2, former Town of Bowmanville. 2.0 BACKGROUND ' 2.1 On January 17, 2005, the Planning Services Department received an application to ' rezone a landlocked parcel to the rear of 241 Liberty Street North. This "wedge- shaped" parcel will later be severed into partial lots that will be melded to partial lots fronting on the south side of Scottsdale Drive and also known as Blocks 90 to 94 , inclusive, of Registered Plan 40M-2066. The proposed rezoning permits the future partial lots in the landlocked parcel to have a zoning consistent with the zoning on Blocks 90 to 94 inclusive, of Registered Plan 40M-2066, thereby permitting building , permit issuance for and the construction of five (5) single detached dwellings. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 These lands are vacant and slope to the south. Lands immediately to the south, ea t ' and north are vacant. Lands to the west and southwest are urban residential wit frontage on Liberty Street North. 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 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 partial lots on the south side of ' Scottsdale Drive. 4.2 As a result of the public notification process, to date, the Planning Services Department ' has received no inquiries. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Clarington Official Plan designates these lands as "Urban Residential, Low Density" ' area. The application conforms. REPORT NO.: PSD-030-05 PAGE 3 6.0 ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, these lands are "Agricultural (A) Zone". The partial lots or blocks to the north are "Urban Residential Type Two (R2) Zone". The proposed rezoning gives the subject lands the same zoning as the complementary blocks to the north, that is, "Urban Residential Type Two (R2) Zone". 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows. 7.2 The Separate School Board had no concerns. The Clarington Emergency and Fire Services Department had no fire concerns. Rogers Cable and Enbridge had no objections. 7.3 The Clarington Engineering Services Department noted that it had no objection in principle, to the proposed rezoning but that further comment and review would occur at the land severance stage. 1 7.4 Central Lake Ontario Conservation staff remarked that it had no objection to the current application but required prior to finalization of the land severances; proof of the conformity of the proposal with the approved storm water management scheme for Plan of Subdivision 18T-87057; ■ an appropriate Sediment and Erosion Control Plan; ■ a Lot Grading and Drainage Plan; and ■ a Site Servicing Plan. 7.5 The Regional Planning Department noted the proposed rezoning conforms to thpe Regional Official Plan, that municipal water supply and sanitary sewer services are available from Scottsdale Drive with appropriate pre-stubbing to Blocks 90 to 94 inclusive, in Registered Plan 40M-2066, and that there are no matters of provincial interest regarding this application. 7.6 Comments remain outstanding from Clarington Operations, Veridian Connections, Public School Board, Canada Post, Bell Canada, CMHC and the Clarington Accessibility Committee. 8.0 STAFF COMMENTS 8.1 The proposal was contemplated through the draft approval and subsequent registration of Plan 40M-2066. This minor amendment to the zoning boundary facilitates the combining of future severed parcels and partial lots of blocks from within Registered ' Plan 40M-2066. The outstanding agencies to provide comments will either have no concerns or only have conditions that can be addressed through the severance 603 REPORT NO.: PSD-030-05 PAGE 4 applications. Staff has not received any inquiries and do not anticipate any objections , being raised at the public meeting. 8.2 The Finance Department advises that the taxes for the whole subject property have 1 been paid in full. 9.0 RECOMMENDATION 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: 1 Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - By-law Amendment Interested parties to be notified of Council's decision: , Mr. Ralph Canonaco r Ms. Susan Zucchero ' Mr. Walter Hugo 1 1 t 1 1 1 1 604 ATTACHMENT 1 - SCOTTSDALE DRIVE tines P'pyii ��• »r.W—'� I � \ M + Mi Q h N y ail + 3 _ LOT 35 Q k# ciwi' b? xs a< v�. I cYi I cY. 1 �oR \ m# \ . Pw zsv9os4o C 3� .ow" +. a °� I.. of l ok m$ \ \ 1 REGISTERED mJiS m# I = m# PL_ N m$ \ . \ .-tv .: •:si=erra. :• :dw.:r}:•}::w }::•:•::•}::v:;s., {. w. -•PAR T'. .. :�•_ •wc.i9m.w•:::t +�� PART I, ., .. � ::.utr.ae�e.r-:::a 't l :::•::}:•Ji':: r PART 7 ,PLAN OR*•13953 X. PW z9ero as :._ '.¢ M .# �•a ... =x NC�SS\O t • • .w�� rrs. GO LOT 4, BLOCK A. I C.G. HANNING'S PART'2, ' PLAN 40R-13953 _ PART 5, .PLAN Bow—Manville Key Map 3 9mR5DNE ZBA 2005-002 Zoning By-law Amendment Subject w Lands g 1 Owner: Randall and Linda Norrish aW ' - 6 € 5 ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle , WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to implement application ZBA 2005-002; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the i Municipality of Clarington enacts as follows: 1. Schedule "3"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone"as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 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 606 ' This is Schedule "A" to By-law 2005- passed this day of , 2005 A.D. I SCOTTSDALE DRIVE 1 j S n Ua . \ oK ail # \ 'a LOT 35 a u✓Q A X uR a u 1 pz oe \ M3W9.PM0 .CI$ Q X Qt CI I 0Z Ir REGISTERED m } mE Iz mE PLAN — W i Wr t : T PLW Xql -n9li '•'•t: Lkk •t �y I X �P• a rr • Xr 0 LOT 4, BLOCK A,I C.G. HANNING'S I PART 5. PLAN PMT Z 'PLAN tan-a9S3 -�'I 14yy m tIM PW 1 M IZoning Change From "A" To XRR2" John Mutton, Mayor Patti L Barrie, Municipal Clerk SCOTTSDALE DRIVE -� _i BOU4VARD o > 3 N M1 Z O Z 1 a 0 Subject Site 2 N EST BOULEVARD F o a Z N U FORR�`� E I URT 1 o M �\Z CAM LIN Ri SUNSET ROAD ti 607 Bowmanville r Cl�lll Il Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 7, 2005 Report#: PSD-031-05 File #: COPA 2005-002 By-law#: Subject: OFFICIAL PLAN AMENDMENT APPLICATION TO PERMIT LOW AND MEDIUM DENSITY RESIDENTIAL USES APPLICANT: FIRST-TECH MECHANICAL LIMITED AND MARIA WULCZYN 1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report PSD-031-05 be received; 2. THAT the application submitted by Weston Consulting Group Inc. on behalf of First-Tech Mechanical Limited and Maria Wulczyn be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b . Reviewed by� ' avid J. ome, M. I. .,R.P.P. Franklin Wu IDirector, lanning ervices Chief Administrative Officer RH/CP/DC/df 28 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 - 608 REPORT NO.: PSD-031-05 PAGE 2 , 1.0 APPLICATION DETAILS 1.1 Applicant: First-Tech Mechanical Limited and Maria Wulczyn 1.2 Agent: Weston Consulting Group Inc. 1.3 Official Plan Amendment: ' To amend the "Special Policy Area F — King Street Corridor" policies to permit low and medium density residential uses within a draft plan of subdivision and to facilitate the severance of the existing single detached dwelling from the subject lands. 1.4 Site Area: 0.39 hectares , 2.0 LOCATION , 2.1 The combined lands subject to these applications are located in Courtice at 1613 ' Highway 2 between Sandringham Drive and Trulls Road and at 33 Kennedy Drive (see Attachment 1). The property also has frontage on Kennedy Drive. The applicant's land holdings total 0.30 hectares (0.74 acres). The property is located within Part Lot 31, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND ' 3.1 On January 27, 2005, Weston Consulting Group Inc., on behalf of First-Tech ' Mechanical Limited and Maria Wulczyn, submitted an application to amend the Clarington Official Plan. The application proposes to amend the "Special Policy Area F — King Street Corridor° policies to permit low and medium density residential uses within a draft plan of subdivision and to facilitate the severance of the existing single detached dwelling fronting on Highway No. 2 from the subject lands. 3.2 Related rezoning (ZBA 2001-016) and draft plan of subdivision (S-C-2001-002) applications were submitted by Weston Consulting Group Inc. to the Municipality of Clarington on June 25, 2001. The revised draft plan of subdivision consists of i 3 single detached lots and 7 townhouse units (see Attachment 1). The townhouses would access Highway 2 through a rear lane while the', single ' detached lots fronting on Kennedy Drive could gain access from Kennedy Drive and/or the rear lane. 3.3 Two properties are the subject of these combined applications. First-Tech , Mechanical. Limited and Maria Wulczyn own the property located at 1613 Highway 2, which fronts on Highway 2 and Kennedy Drive. A small parcel of 609 REPORT NO.: PSD-031-05 PAGE 3 land is required from Percy Napper at 33 Kennedy Drive to provide frontage for two of the four proposed single detached lots on Kennedy Drive. 3.4 The applicants had submitted two related severance applications in the year 2000. One application (LD 159/2000) would sever the house contained on the ' r subject lands from the vacant property. The second application (LD 158/2000) would sever a small parcel of land from Percy Napper's property to provide road frontage for some lots on Kennedy Drive. After being tabled on a number of occasions, Staff recommended that LD159/2000 be denied because the proposed severance did not conform to the Clarington Official plan policies. Staff recommended that LD158/2000 be tabled for a further year. 3.5 On September 14, 2004, the decisions of the Durham Region Land Division Committee were appealed to the Ontario Municipal Board. Since the severance I did not conform with the Clarington Official Plan, the applicant submitted this official plan amendment application. An OMB hearing scheduled for February 16, 2005 has been adjourned to allow processing of this application. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property owned by First-Tech Mechanical Limited and Maria Wulczyn is vacant and contains some low vegetation and young trees around the perimeter. An existing single detached dwelling is located on the east side of the Highway 2 property. 4.2 Surrounding Uses: East - Urban residential North - Urban residential West - Courtice Motel and Scoops ice cream shop South - Urban residential 5.0 OFFICIAL PLAN POLICIES ' 5.1 The lands are designated "Living Area" within the Durham Regional Official Plan. Residential uses are permitted within this designation. The application conforms to the policies. 5.2 The Clarington Official Plan designates the property "Special Policy Area F - King Street Corridor". Medium and high density residential uses are permitted within this designation. Although the townhouse portion of the proposal conforms to the medium density range, the proposed single detached development and the proposed severance of the single detached dwelling fronting on Highway 2 does not conform. - 610 REPORT NO.: PSD-031-05 PAGE 4 Highway 2 is designated a Type 'B' arterial and a Regional Transit Spine. The proposed official plan amendment submitted by the applicant with the application is contained in Attachment 2 of this report. The amendment proposes to amend Table 9-1 of the Clarington Official Plan, however a revised Table has not been , included with the amendment 6.0 ZONING BY-LAW CONFORMITY , 6.1 The lands at 1613 Highway 2 are currently zoned "Holding-Urban Residential Type One ((H)R1) Zone", which does not permit the proposed housing mix. in order to permit the proposal, a rezoning application previously was submitted for consideration. 6.2 The portion of land at 33 Kennedy Drive is zoned "Urban Residential Type Two (R2) Zone", which recognizes the existing development. In order to permit the proposal, the rezoning application also covers this area. 7.0 PUBLIC NOTICE AND SUBMISSION , 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property's road frontages. No general inquiries have been received on this development application. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department has no objections to the proposed development. 8.2 Due to the limited commenting period, comments from the Clarington Engineering Services, Durham Region Planning Department, Durham Region Public Works Department, Central Lake Ontario Conservation Authority, various utilities, and the school boards have not been received to date. ■ 9.0 STAFF COMMENTS 9.1 The Highway 2 Corridor in Courtice is an area of transition from the original large lot single detached dwelling to an area of more intense uses to take advantage of the Regional Transit Spine. "Highway to Mainstreet: Courtice Highway 2 Corridor ' and Main Central Area Study" was completed in June 2001 to provide assistance with the transition of the area in facilitating redevelopment or infill development. The study recommended that the subject lands be designated for medium and/or high density residential uses. The proposed Secondary Plan presented in 2002 would permit low density housing fronting on Kennedy Drive as a buffer between 611 1 REPORT NO.: PSD-031-05 PAGE 5 ' existing low density areas and new medium or high density residential areas fronting on Highway 2. 9.2 On June 17, 2002, Staff forwarded a report for Committee and Council's consideration with a proposed secondary plan for the study area. A number of ' delegations requested that various policies in the plan be changed. On that basis, Council tabled the report and directed Staff to meet with these landowners to resolve the issues. Since Staff have not been able to revisit this study to date, these matters remain outstanding. 9.3 The owners have submitted an application to sever the existing house from the 1 vacant portion of the property, effectively allowing the house to remain. Retention of the single dwelling is contrary to the policies of Special Policy Area "F". Staff are concerned that this severance will make the redevelopment of this single detached lot in conjunction with adjacent properties more difficult for 1 longer term proposition. 1 9.4 Through previous submissions, the applicant has not addressed servicing issues for the proposed subdivision and severance to the satisfaction of the Clarington Engineering Services Department. The Durham Region Public Works I Department also has raised concerns with previous servicing schemes for the severance. These issues must be resolved by the applicant. 10.0 CONCLUSIONS 1 10.1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. 1 Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan List of interested parties to be advised of Council's decision: Peter Weston Tom Robinson ' Gordon Lund First-Tech Mechanical Limited and Maria Wulczyn Percy Napper 1 Bill Clark 1 1 - 612 ATTACHMENT 1 , DURHAM HIGHWAY 2 , --y.-- -- ---s= BLOC 6 — , s. 17> ' sm_J 30.Q, BLOCK 7 K 6 o.w Lz S �} r _ .` I LF BLO K 4 iI I x bLOCk W r X. R sic „.aE. PAaTL OF LOT 1 , CON SSION - T 1 - LOT 2 k LOT „r 1 � � l OCK 9 ,race KENNEDY DRIVE Courtice Key Map COPA 2005-002 Subject Clarington Official Plan Amendment Lands WWAY 1 Related Files S-C-2001-002 Subdivision Application , ZBA2001-016 A o Zoning By-law Amendment LD. 159/2000 J p Land Division n° AKN Owner: Maria Wuiczyn and First-Tech Mechanical Limited DRAFT ATTACHMENT AMENDMENT NO. TO THE.CLARINGTON OFFICIAL PLAN 1 PURPOSE: The purpose of this amendment is to exempt the subject property ftom the "Special Policy Area-F"designation and permit a minor reduction to the density ' requirement. BASIS: To facilitate the development of the subject property for residential uses on the basis of the Draft Plan of Subdivision and Zoning By-law Amendment applications. ACTUAL ' AMENDMENT: 1. Delete subject lands from "Special Policy Area- F" designation (Section 16.8— Municipality of Clarington Official Plan)to permit the proposed residential development. 2.. Amend Table 9-1 of the Municipality of Clarington Official Plan to reduce residential density standards to permit the proposed residential development. IMPLEMENTATION l INTERPRETATION: This Amendment refines the pordes.of the Municipality of Clarington Official Plan. 1 614 THE KING'S HIGHWAY No. 2 O ° s i 0 6 � x IJ E RESIDENTIAL ' EX.'S MOTEL . P A 13"LI F L T C S O 2 D t 4 O 0 1 5 T T ,. 1 L ° ,] ° ,. e� s �` -- IYORt lAO �/'° EX. RESIDENTIAL KENNEDY DRIVE LOT ,II � PLAN 1O M-839 EX.. RESIDENTIAL ..-\ . . OFFICIAL PLAN of the MUNICIPALITY OF CLARINGTON ANEDINT NO. , LEGEND ' EXTENT OF APPLICANT'S LAND HOLDINGS PROPOSED SINGLE FAMILY RESIDENTIAL ' ® PROPOSED MEDIUM DENSITY. RESIDENTIAL . SCHEDULE 'A' DATE- JAN 05/2005 SCALE 1500 , pa 6f a LeadiagtheWay REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday, March 7, 2005 ' Report#: PSD-032-05 File #: PLN 37.1 By-law #: ' Subject: ORONO COMMUNITY IMPROVEMENT PROGRAM APPROVAL ' RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report PSD-032-05 be received, 2. THAT the Orono Community Improvement Plan Document, dated February 2005 (distributed under separate cover) be approved; and ' 3. THAT the attached By-law to amend By-law 2003-.124 be approved; and 4. THAT the necessary By-law contained in attachment 2 to adopt Section 5 and Figure 1 of the Orono Community Improvement Plan document as the Community Improvement Plan pursuant to subsection 28(4) of the Planning Act be approved; and 5. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 6. THAT all interested parties listed for this report and any delegations be advised ' of Council's decision. 1 Submitted b Reviewed avid J. me, R.P.P. Franklin Wu irector, tanning S rvices Chief Administrative Officer 1 FL/DC/lb February 25,2005 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 616 REPORT NO.: PSD-032-05 PAGE 2 1.0 APPLICATION DETAILS , 1.1 Applicant: Municipality of Clarington 1.2 Purpose: , To adopt the Orono Community Improvement Plan to allow for incentives and municipal works that will improve the viability of the Orono commercial area and , help maintain the strong and high quality community life that residents enjoy. 2.0 LOCATION 2.1 The subject lands are the urban area of Orono and the surrounding lands as set out in Figure 1 of the attached By-law. 9 Y 3.0 BACKGROUND ' 3.1 On September 15"', 2003 Council approved the preparation of a Community , Improvement Plan (CIP) for Orono and a study area (By-law 2003-124 Attachment 1 is an amending By-law to correct a technical defect in By-law 2003- 124. The terms of reference for the study called for a community focus group, t which was formed in October of 2003 and has guided the study since that time. 3.2 Prior to initiating the formal CIP study, a public meeting was held in Orono on , June 18"', 2003 to determine whether the residents and community were receptive to having such a study prepared. The result was very positive. The , community has been kept informed of the study progress through a newsletter that was sent to everyone in the Orono Postal Code (LOB 1 MO), reports in the media, and a public meeting held on October 6°i, 2004. Comments received during the progress of the CIP support the recommendations and are included in the appendices of the report. 3.3 This Community Improvement Plan will allow the Municipality to provide ' incentives to business owners and property owners along the Main Street. It also includes recommendations for works by the Municipality. 3.4 The Economic Development Manager of the Clarington Board of Trade has been intimately involved in the preparation of this Community Improvement Plan and will continue to be involved in the implementation. 4.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN r 4.1 The Orono Community Improvement Plan consists of grant programs for signage and fagade improvement, property acquisition for municipal parking, capital funding for improvements located on municipal lands (such as streetscape works), and ongoing liaison with the Orono BIA, Orono Crown Lands Trust, , Orono Town Hall Board and others. 617 ' REPORT NO.: PSD-032-05 PAGE 3 1 4.2 Part of the implementation of the Community Improvement Plan is the ongoing co-ordination among the various community organizations, the Municipality of Clarington, and the Clarington Board of Trade and Tourism. The working relationship that has developed among these groups with regard to cross- ' marketing and other initiatives is vital to the ongoing success of the CIP. 5.0 PUBLIC MEETING AND SUBMISSION 5.1 At the statutory public meeting held on February 7"', 2005, there were no submissions from the public. The Orono CIP has the endorsement of the community focus group and 3 members of this group were in attendance at the meeting in the audience. 5.2 A number of phone calls have been received from members of the public prior to and since the public meeting. Most of the calls have been of a general information nature. When specifics of the recommendations were discussed, the callers acknowledged support of the recommended grant programs, access signage improvements, and improvements to turning movements at Taunton and Main Street. 6.0 AGENCY COMMENTS ' 6.1 Letters were sent to the applicable commenting agencies on January 24, 2005 asking for comments within a 3 week timeframe. No objections to the Orono Community Improvement Plan have been received. ' 6.2 The Clarington Engineering Services Department, Durham Region Works and Durham Regional Police are in agreement with the recommendations regarding road improvements at the Taunton and Main Street intersection and would like to co-ordinate on this initiative. The improvement of access signage is seen as a benefit by all. ' 6.3 GRCA, MNR and the Orono Crown Lands Trust have no objections to the Orono CIP. Minor wording changes to clarify where each agency is involved in the ' management and maintenance of the Orono Crown Lands has been reviewed and agreed upon. GRCA advises that consultation with them prior to purchase of lands for municipal parking is encouraged to avoid natural heritage or hazard lands. 6.4 The Durham Region Planning Department has no objections to the CIP. They have indicated that it is in conf6rmity with the Regional Official Plan and Community Strategic Plan. 6.5 Presentations were made to appropriate advisory committees of Council, being LACAC and the Accessibility Committee. Both committees are in agreement with the general intent of the plan and have offered their expertise in relation to the 1. 618 REPORT NO.: PSD-032-05 PAGE 4 , specific works that relate to their areas of interest (eg. fagade improvements to , heritage buildings and streetscape works). 7.0 COMMENTS , 7.1 Based on the support expressed by both the public and agencies, it is ' respectfully recommended that the proposed Orono Community Improvement Plan (February 2005) be APPROVED. Attachments: ' Attachment 1 — Amending By-law Attachment 2 — By-law to Adopt Orono Community Improvement Plan Interested parties to be notified of Council's decision Members of the Orono Community Focus Group Orono BIA Orono Crown Lands Trust ' Linda Gasser Valerie Cranmer & Associates Olivia Susai, Planning Co-ordinator, ORC , Trudy Couvier 619' , ATTACHMENT 1 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- , being a By-law to amend By-law No. 2003-124 respecting the Orono community improvement project area ' WHEREAS it is expedient to clarify the intent of By-law No. 2003-124, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. That section 1 of By-law No. 2003-124 is repealed and replaced with a new section 1 as follows: "THAT the Orono Urban Area as designated in the Municipality of Clarington Official Plan and the additional area adjacent to it as shown on the map contained in Schedule "A"attached to and forming part of this By- law are hereby designated as a community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended." 2. THAT section 2 of By-law No. 2003-124 is repealed and section 3 of the aforesaid By-law,is renumbered section 2. 3. THAT this By-law shall come into force and take effect on the date of the passing hereof. rBY-LAW read a first time this 21st day of March 2005. BY-LAW read a second time this 215' day of March 2005. BY-LAW read a third time and finally passed this 21st day of March 2005. ' John Mutton, Mayor Patti L.Barrie, Municipal Clerk 620 1 Lai sc -.! 1 ,: b , = I, � IN �_ •�,='� ' ��°�'� � 1p MIM r • • • . • • ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 20057 ' being a By-law to adopt Orono Community Improvement Plan ' WHEREAS by By-law No. 2003-124, as amended by By-law No. 2005-_ Council designated the Orono Urban area as described in the Municipality of Clarington's Official Plan and the surrounding physical context shown on the map contained in Schedule "A" of By-law No. 2003-124 as a community improvement project area pursuant to subsection 28(2)of the Planning Act, R.S.O. 1990,c.P.13,as amended; AND WHEREAS a community improvement plan has been prepared for the Orono ' community improvement project area pursuant to Council's direction; AND WHEREAS subsection 28(4) of the Planning Act authorizes Council to pass a by- law for the adoption of a Community Improvement Plan for a community improvement project area; AND WHEREAS Council deems it advisable to adopt section 5 and Figure 1 of the Orono Community Improvement Plan Document, February 2005 contained in Schedule "1" hereto as the Orono Community Plan for the Orono community improvement project area, NOW THEREFORE the Council 'of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT Section 5 and Figure 1 of the Orono Community Improvement Plan contained in Schedule "1" attached to and forming part of this By-law are hereby adopted as the Orono Community Improvement Plan for the Orono community improvement project area designated by By-law No. 2003-124, as amended by By-law No. 2005-_ 2. THAT the Clerk of the Municipal of Clarington is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the aforementioned Orono Community Improvement Plan;and, ' 3. THAT this By-law shall come into force and take effect on the date of the passing hereof. 622 1 BY-LAW read a first time this 215t day of March 2005. ' BY-LAW read a second time this 21 s day of March 2005. , BY-LAW read a third time and finally passed this 21st day of March 2005. r John Mutton, Mayor , Patti L. Barrie, Municipal Clerk ' 1 i 1 r r r r r r r r _ r 623 e ■ 1111■�I��i■��a��-�.�.��"....._'�---- -—I=_- n �y 7 e ` Schedule 'T' MAN t M7 PA%UFJ = R • 1 �� � '� ice- �I \i_ . of r©� .�i d .n■ ,JI I I � �i ' � r � Schedule 1 Orono Community Improvement Plan I 5.0 RECOMMENDATIONS ' It is recommended that the Orono Community Improvement Plan consists of grant programs (as detailed below), capital funding for improvements located on municipal lands (such as streetscape works), property acquisition, and ongoing liaison with the Orono BIA, Orono Crown Lands Trust, Orono Town Hall Board and others as outlined below. , 5.1 GRANT PROGRAMS 5.1 .1 SIGNAGE PROGRAM ' The Municipality of Clarington may provide a grant for up to 50% of the cost of new business signage for the merchants along Main Street. The signage program will have criteria to ensure that business signage reflects the historic character of Main Street. ' 5.1 .2 FAq.ADE IMPROVEMENT PROGRAM The Municipality of Clarington may provide a grant for up to $5000 of the cost of fagade ' rehabilitation for the property owners along Main Street. 5.2 CAPITAL IMPROVEMENTS , 5.2.1 PARKING The Municipality of Clarington will further amend the "Land Acquisition Strategy, 2000" ' to include lands in Orono for municipal parking. Subject to annual budget approval monies will be set aside in a reserve account to fund the purchase and development of a municipal parking area. , 5.2.2 STREETSCAPE WORKS The Municipality of Clarington will set aside, subject to annual budget approval, monies ' to fund the redevelopment of the streetscape, specifically the creation of a civic gathering space along the Main Street and a more appropriate means of addressing the ' grade difference between the sidewalk and the street. 5.2.3 STATION STREET RECONSTRUCTION The Municipality of Clarington independent of the CIP, will reconstruct Station Street ' between Highway 35/115 and Main Street, in 2005. The reconstruction and resurfacing will conform with the community character and address pedestrian access issues. 5.2.4 SIGNAGE AND ENTRANCES The Municipality of Clarington will work with the Region of Durham to address entrance and access issues to Main Street from Taunton Road. The Municipality will request that , the Region provide landscape screening of the Regional Works Yard to enhance the entrance. The Municipality will work with the Region of Durham and Ministry of Transportation to improve the signage and entrances from Regional Roads to Orono and Highway 35/115. The Municipality of Clarington will work to improve the local road entrance signage including wayfare signage within the urban boundary of Orono. 625 ' ' Schedule 1 Orono Community Improvement Plan ' 5.2.5 COMMUNrrY RESOURCES AND CO-ORDINATION The Municipality of Clarington will work with the Orono BIA and other organizations to improve the cross-marketing of events and attractions. An example of this co-ordination and co-operation is the linking of organizations with funding programs and/or agencies and providing letters of support. Another example is the communication of community events through the municipal page and municipal website. The Planning Services Department will continue to act in a co-ordinating role for the improvements as outlined in the CIP. ' 5.3 IMPLEMENTATION The Community Improvement Plan will be implemented through the provisions of ' Chapter 2.2 of the Clarington Official Plan and Section 28 of the Planning Act, 1990, R.S.O. I+ The overall implementation of the grant programs shall be the responsibility of the Planning Services Department. All of the grant programs will be administered on a first come first served basis to the limit of available funding in accordance with the administrative rules governing this and other grant programs. The Community Focus Group that has provided direction to the Planning Services Department and Clarington Board of Trade for this study has been an integral part of the process. They have provided information, direction and communicated with their ' respective organizations and groups about the Community Improvement Plan and process. Having an implementation group similar to the focus group to ensure that the issues identified in the CIP are being pursued would be beneficial. A terms of reference ' should be created and organizations invited to form this liaison group. The community liaison groups mandate is intended to complement, not duplicate the work that the Orono BIA and other community organizations are already doing. ' 5.4 FUNDING SOURCES All of the grant programs described in Section 5.1 and further detailed in Appendix 4 are funded solely by the Municipality of Clarington. Should funding for Community Improvement Plans become available from other levels of government they will be applied where applicable and in keeping with the recommendations of this CIP. 5.5 GENERAL RULES The provision of grants as described in Sections 5.1 shall be administered on a first' come first served basis to the limit of available funding. Specific details regarding the grants and administrative procedures are contained in Appendix 4 to the Plan. Terms and conditions of any grant program and administrative procedures detailed in Appendix ' 4 may be changed, altered, amended or modified by the Municipality of Clarington without the necessity of an amendment to this Community Improvement Plan. The addition of a grant program shall require an amendment to this CIP; however, the ' Municipality may discontinue any program without requiring an amendment to this Plan. - 626 Schedule 1 Orono Community Improvement Plan ' 5.6 INTREPRETATION ' Section 5 of this document, along with Figure 1 (Map of CIP area) shall form the actual Community Improvement Plan for the Orono Community Improvement Plan area. Sections 1 through 4 and Figure 2 and Appendices 1 through 4 do not constitute part of the actual Community Improvement Plan. Changes to the Orono Community Improvement Area boundary or addition of a grant ' program shall require an amendment to this Plan. This Plan has been prepared in accordance with, and shall be deemed to conform to, the Clarington Official Plan. , This Plan shall be referred to as the Orono Community Improvement Plan for Clarington At such time as other Community Improvement Plans are prepared for this or other areas, this title may be modified for clarification purpose without requiring an amendment to this Plan. k I 627 Clarington REPORT ' PLANNING SERVICES ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday, March 7, 2005 Report#: PSD-033-05 File #: ZBA 2004-021 By-law #: ' Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PRIVATE ' ELEMENTARY SCHOOL { APPLICANT: DURHAM CHRISTIAN ACADEMY ' RECOMMENDATIONS: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-033-05 be received; 2. THAT the rezoning application submitted by Durham Christian Academy be ' APPROVED and that the proposed Zoning By-law contained in Attachment 2 to this Report be passed; 1 3. THAT Council pass a By-law to remove the "(H) Holding" symbol at such time the applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; �I ' 4. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1 ' Submitted b Reviewed byo_�� Q� avid . r me, M.0 .P.P. Franklin Wu, irector o Planning ervices ChiefAdministrative Officer TW/CS/FL/df ' 24 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 ' - 628 REPORT NO.: PSD-033-05 PAGE 2 ' 1.0 APPLICATION ' 1.1 Applicant: Durham Christian Academy . ' 1.2 Applicant/Agent: William Ing, Durham Christian Academy 1.3 Rezoning: from 'Rural Cluster (RC) Zone' to an appropriate zone category to ' permit a Private Elementary School 1.4 Location: 2038 Nash Road, the north side,just west of Rundle Road, being , Part of Lot 23, Concession 3, former Township of Darlington. 1.5 Site Area: 1.214 hectares ' 2.0 BACKGROUND 2.1 On May 6, 2004, Durham Christian Academy submitted rezoning and official plan t amendment applications for 2038 Nash Road, in order to permit a private elementary school. The property supports the now vacant Maple Grove Public School. Durham Christian Academy purchased the property in April 2004 from the Kawartha Pine Ridge ' District School Board once the school had been declared surplus. 2.2 Upon further review of the Clarington Official Plan policies, Staff determined that the ' official plan amendment application was not required. 2.3 A statutory Public Meeting was held on June 21, 2004. One neighbouring resident ' identified concerns with existing lighting and unauthorized motorcyclists using the property. The applicant has posted signs prohibiting unauthorized vehicles and has re- directed the lighting away from adjacent properties. ' 2.4 Libby Racansky spoke in opposition to the application. She was concerned that the applicant would extend the development into the wetland area. The applicant indicated ' that they had no plans to extend into the wetlands as they did not own property in that area. 2.5 Two inquiries were received from neighbouring property owners. One property owner ' followed up the inquiry with a letter claiming that there may have been seepage from the septic system in the past and concerns that this could impact the water quality of their t well. The capacity of the septic system will be reviewed by the Region of Durham Health Department through the site plan approval process. 3.0 S�TE CHARACHERISTICS AND SURROUNDING USES l 3,:1' The property supports the 436.63 sq. m. vacant Maple Grove Public School and storage shed. There is an existing parking area at the southwest corner, a play area at the east end of the site, and soccer/play fields in the rear yard. ' 629 REPORT NO.: PSD-033-05 PAGE 3 3.2_ The surrounding land uses are as follows: ' North - Vacant with Significant Woodlands South - Residential East - Residential West - Vacant with Significant Woodlands ' 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Rural Residential Cluster" with a "Public Elementary School" symbol. The "Rural Residential Cluster" designation permits single detached residential dwellings and home-based occupations. The policy regarding Schools permits Elementary and Secondary Schools to locate within any residential areas. ' 5.2 Section 23.5.4 of the Clarington Official Plan authorizes Council to pass a by-law to recognize the continuation, expansion, or enlargement of a similar use. Given that the proposed Private Elementary School is a similar use to the "Public Elementary School" ' use identified with the applicable symbol in the Clarington Official Plan, the application conforms. ' 5.3 The subject lands are adjacent to lands identified as "Significant Woodlands" on Map C of the Clarington Official Plan. The Ministry of Natural Resources has also evaluated this area and determined that it is part of a Provincially Significant Wetland, identified as ' the Maple Grove Wetland Complex. Due to the proximity of natural features to the subject property the preparation of an Environmental Impact Study was required in accordance with the policies contained in Sections 4.4.24 and 4.4.25 of the Clarington ' Official Plan. The findings of the EIS are contained in Section 8.2 of this report. ' 6.0 ZONING BY-LAW 6.1 The property is in a "Rural Cluster (RC) Zone". A single detached dwelling and home ' occupation are listed as permitted uses. The establishment of a private elementary school required the submission of a zoning by-law amendment. ' 7.0 AGENCY COMMENTS ' 7.1 The Municipality of Clarington Accessibility Committee, Clarington Emergency Services Department and Hydro One Networks Inc. offered no objections or comments on the application. ' 7.2 The Clarington Engineering Services Department offers no objection, in principle, to the proposal. Any changes to the site proposed in conjunction with the conversion may ' also necessitate other required changes to the site, under the Ontario Fire Code. 630 1 REPORT NO.: PSD-033-05 PAGE 4 Depending on the extent of the change proposed by the applicant, improvements or ' modifications may be required to the following: • Road entrances ' • Internal driveways ' • Roadside ditch • Internal drainage system • Parking area ' Further comment will be provided at the site plan approval stage of the development process. ' 7.3 The Clarington Building Services Department indicated that a building permit would be { required if the applicant will be doing any construction on the site. ' 7114 The Region of Durham Planning Department indicated that the subject property is located in a "Major Open Space" designation in the Durham Regional Official Plan. The ' predominant use of lands in the "Major Open Space" designation shall be for conservation, recreation, reforestation and agriculture and farm-related uses. The policies under Section 5.2.1 of the Official Plan, indicates that cultural facilities for such ' purposes as education may be permitted in this designation. Municipal water supply and sanitary sewers are presently not available to the subject ' property nor does the Regional Works Department have any plans to extend said services. The proposed use will require the installation of private wells and private waste disposal systems. ' The Regional Health Department advises that if a gymnasium with showers is proposed, that the sewage capacity must be determined and complied with. Nash Road is designated a Type 'B' arterial road in the Durham Regional Official Plan, with a 30 to 36 metre right-of-way. The Regional Works Department recommends that ' the local municipality acquire sufficient road widening for the minimum Type 'B' arterial roadway. This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. ' 7.5 The Director of Development Review and Regulation for the Central Lake Ontario Conservation Authority indicated that the recommendations contained in the 1 Environmental Impact Study prepared by Aquafor Beech Limited are appropriate. No objections to the proposed Zoning By-law amendment were identified. 1 631 REPORT NO.: PSD-033-05 PAGE 5 ' 8.0 STAFF COMMENTS ' 8.1 The applicant intends to occupy the site in September, 2005. Four portables are proposed in order to accommodate approximately 130 students. Other proposed modifications to the site include a gymnasium, an expanded parking area,. and an ' additional driveway. These modifications will require Site Plan Approval A Site Plan Application has been submitted for review by the appropriate departments and agencies. 8.2 Environmental Impact Studv 8.2.1 An Environmental Impact Study (EIS) prepared by Aquafor Beech Limited, date February 15, 2005, was submitted in support of this application. The EIS was prepared in consultation with Staff, the Central Lake Ontario Conservation Authority, and the applicant, and in accordance with the policies of the Clarington Official Plan and ' guidelines. The EIS concluded that no environmental features associated with the adjacent Maple Grove Wetland Complex and 'Significant Woodlands' are found on the ' subject property. The potential impacts the subject property could have on the adjacent wetland and woodlands were identified as follows: Surface runoff(volume and water quality) from the property; • Groundwater recharge (volume and water quality) occurring on the property; • Minor physical disturbance to the wetland/woodland boundary from students ' accessing the features from the school property and indirect disturbance such as noise, etc.; • Land use practices on the property such as lawn/grounds maintenance, parking ' lot maintenance, application of fertilizers/pesticides, etc.; and • The existing buildings and parking areas, as well as the past usage of the ' property as a school may have already resulted in impacts to these features by altering surface runoff, altering groundwater recharge and causing minor physical disturbance. ' 8.2.2 The EIS indicated that the proposed expansion of the buildings and parking lot were minor and offered the following recommendations to address the potential impacts on ' the adjacent natural features. It should be noted that the recommendations will be incorporated through the site plan approval process: ' • The perimeter fence continue to be maintained to prevent encroachment by students into the wetland; • Proper erosion and sediment controls should be installed during construction ' to prevent impacts on the wetland as well as along the Nash Road ditch; • Soak-a-way pits should be installed to enhance infiltration of roof runoff thereby maintaining the water budget of the site and maintaining local ' groundwater levels. These should only be installed when the existing septic systems is upgraded or replaced, and in the interim, roof top runoff should be directed to grassed areas to promote infiltration as much as possible; and t 632 REPORT NO.: PSD-033-05 PAGE 6 • Drainage from the expanded parking lot should be directed across grassed ' surfaces to the extent possible, and the ditch along Nash Road should be ' maintained in a well vegetated state to provide water quality attenuation. 8.3 The applicant is simply proposing the continued use of the vacant Maple Grove Public ' School for its intended purpose as an educational facility. The only difference is the change in operation from a public use to a private institution. Given that no objections were received from any of the circulated departments and agencies, and the EIS ' revealed only minimal impacts that can be counteracted by implementing the recommendations through the site plan approval process, Staff are supportive of the proposed zoning by-law amendment. ' 9.0 CONCLUSIONS ' 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law regulations, and the public. In consideration of the comments contained in this report, ' Staff respectfully recommends that the proposed Zoning By-law amendment contained in Attachment 2 be passed by Council. The By-law has an (H) Holding symbol. Said symbol would be removed by By-law at such time the applicant had satisfied the ' policies of the Clarington Official Plan with the respect to servicing, and execution of a development agreement. Attachments: Attachment 1 - Key Map I , Attachment 2 - Proposed By-law Amendment N List of interested parties to be advised of Council's decision: , Tim Wagner ' Bill Ing Lionel Gilham ' Klaus Walkau Mary Lou Naccarato Libby Racansky , !i 1 633 ATTACHMENT 1 1 1 PIN 26697-0030 . 1 PROPOSED PORTABLES 1 PROPOSED , GYM ao 00 NASH ROAD 1 Darlington Key Map S0 ECT 1 SITE ZH ROAD ZBA 2004-021 1 g Zoning By=:aw Amendment, o 1 J OURS 2 tiq Owner: Durham Christian Academy 1 � • z , 634 1 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' BY-LAW NUMBER 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 former Town of Newcastle to ' permit the development of a private elementary school (ZBA 2004-021); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 7.3 "SPECIAL EXCEPTIONS — RURAL CLUSTER (RC) ZONE" is ' hereby amended by adding thereto the following new Special Exception 7.3.13 as follows: ' "SECTION 7.3.13 RURAL CLUSTER EXCEPTION (RC-13)ZONE Notwithstanding the provisions of Sedan 7.1, 7.2 (a), (b), (c)(1)(0), those lands zoned RC-13 on the Schedules to this By-law may also be used for a private ' elementary school. Subject to the following regulations: a) Lot Area(minimum) 1.2 hectares ' b) Lot Frontage(minimum) 100 metres c) Yard Requirements(minimum) ' i) Front Yard 20 metres ii) Interior Side Yard 7.5 metres" 2. Schedule"A"attached hereto shall form part of this By-law. t 3. This By-law shall come into effect on the date of the passing hereof, subject to ' the provisions of Section 34 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 , 635 , This is Schedule "A" to By-law 2005- ' passed this day of 12005 A.D. 109.73m Q E ' E � W `O J m o o Z - 109.73m NASH ROAD Zoning Change From "RC" To "(H)RC-13 IJohn Mutton, Mayor Patti L Barrie, Municipal Clerk o o' go Subject Lands y 0 O U J z N i NASH ROAD -J M HicvWq r.2 636 Darlington - � Q i ing theWay REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 7th, 2004 Report#: PSD-034-05 File #: ZBA2004-059 By-law#: ' Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PORT OF NEWCASTLE HOMES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report PSD-034-05 be received; ' 2. THAT the application submitted by Port of Newcastle Homes Limited to remove the Holding (H) symbol be APPROVED for Lots 1-19 on Plan 40M-2226; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and I 4. THAT all interested parties listed in this report and any delegations be advised of i« Council's decision. Submitted by' �/ Reviewed bje� � O�_ ' id J. ro M.C.I.P., .P.P. Franklin Wu ' Qiector, Planning Services Chief Administrative Officer CS/CP/DJC/df 24 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 ' ' - 637 REPORT NO.: PSD-034-05 PAGE 2 ' 1.0 APPLICATION DETAILS ' 1.1 Applicant: Port of Newcastle Homes Ltd. 1.2 Rezoning: Removal of"Holding (H)" symbol ' 1.3 Location: Part of Lot 29, BFC, former Township of Clarke (Attachment 1) 2.0 BACKGROUND 2.1 On December 8, 2004, Staff received an application from Port of Newcastle ' Homes Limited for the removal of the "Holding (H)" symbol on Lots 1 to 19 as shown on 40M-2226. Removal of the holding symbol will permit the construction , of 38 semi-detached/link dwelling units. 3.0 STAFF COMMENTS , 3.1 The applicant has entered into a subdivision agreement with the Municipality and ' registered the draft plan of subdivision under plan number 40M-2226. Provisions within the subdivision agreement require the developer to ensure that sufficient , financial guarantees are provided to the Municipality for the completion of all works within the plan of subdivision. 3.2 The subject property is presently zoned "Holding-Urban Residential Exception ' ((H)R1-39)". Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are ' addressed and approved to the satisfaction of the Municipality: • Services and municipal works; , • Measures to protect natural area; • Measures to mitigate the impact of development; • Submission of technical studies; ' • Execution of appropriate agreements; and/or • Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. ' Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council , is to ensure that: • The development is consistent with the orderly and phased development , of the Municipality; • The Owner has satisfied all of the requirements of the Municipality and ' entered into any necessary agreements in that regard, and ; 638 ' REPORT NO.: PSD-034-05 PAGE 3 ' The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol from registered plan 40M-2226 is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan has been satisfied. 3.3 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final ' and binding upon Council's approval. 3.4 The Finance Department has advised that taxes on the site are current. ' 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 - Key Map Attachment 2 - By-law for Removal of"Holding (H)" symbol List of interested parties to be advised of Council's decision: Port of Newcastle Homes Ltd. 1 639 i T Noun h 1 / f 10, f �� � tttttltl I I•� 1 >•`, of • • � -��7 ■1•1i ell 011*0 I ATTACHMENT 2 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle ' WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2004-059; 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 ((H) 81-39) Zone" to "Urban Residential Exception (R1-39)Zone" 2. Schedule"A"attached hereto shall forth 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 Section 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 ' 641 This is • - to By-law 200 passed day of I 1 FARFA ���� AM // Will PER PAPER*! � .�i i • ,/' - Pdro °-� Um iiq ass& CIar�ngton REPORT ' PLANNING SERVICES ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 7, 2005 Report#: PSD-035-05 File #: PLN 37.2 By-law#: ' Subject: BOWMANVILLE COMMUNITY IMPROVEMENT PLAN RECOMMENDATIONS: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L THAT Report PSD-035-05 be received; 2. THAT the attached By-law amending By-law 2003-186 be approved; and ' 3. THAT all the Community Focus Group for the Bowmanville CIP be advised of Council's decision. i Submitted+by* Reviewed b J. ome, M. . . ., R.P.P. Franklin Wu, r f Planning Services Chief Administrative Officer FL*DJC*Ib February 28, 2005 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T (905)623-3379 F (905)623-0830 ' - 643 REPORT NO.: PSD-035-05 PAGE 2 1.0 BACKGROUND , 1.1 Council approved the study area, terms of reference and process for the Bowmanville Community Improvement Plan on December 15"', 2003 as outlined in PSD-145-03 and By- , law 2003-186 set out the study area. The Municipal Solicitor has advised that there is a technical defect with the By-law and ' advised that an amending By-law (Attachment 1) be approved. The amending By-law does not change the intent of the initial staff report or authorization by Council. 2.0 CONCLUSION 2.1 It is recommended that the study area By-law 2003-186 be amended. ' Attachments: , Attachment 1: Bowmanville Community Improvement Plan Study Area By-law List of interested parties to be advised of Council's decision: ' Bowmanville CIP, Community Focus Group i 644 ATTACHMENT 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' BY-LAW NUMBER 2005- ' being a By-law to amend By-law No. 2003-186 respecting the Bowmanville community improvement project area ' WHEREAS it is expedient to clarify the intent of By-law No.2003-186; NOW THEREFORE the Council of The Corporation of the Municipality of Ctarington enacts as follows: ' 1. That section 1 of By-law No. 2003-186 is repealed and replaced with a new Section 1 as follows: "THAT the Bowmanville East Main Central Area as designated in the Municipality of Clarington Official Plan and any additional area adjacent to it as shown on the map contained in Schedule"A"attached to and forming ' part of this By-law are hereby designated as a community improvement project area pursuant to subsection 28(2) of the Planning Act, R.S.O. 1990, c.P.13, as amended." ' 2. That section 2 of By-law No.2003-186 is repealed and section 3 of the aforesaid By-law is renumbered Section 2. ' 3. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this 21s' day of March 2005. BY-LAW read a second time this 21st day of March 2005. BY-LAW read a third time and finally passed this 21" day of March 2005. ' John Mutton, Mayor Patti L. Barrie, Municipal Clerk ' 645 = 1 I/il►�Ilullllliilu InW11►��i111e 1���►►.� 1` ■I ■11 :� _��lunulnumui;� �_ pll� �,�����\\��. ��!%IIDI `.nl ieie:111 .�_"__=== = nnnw unuuU�°�� __ ►1�/ 1111111111111111 ' == Iluull = == M M MEN, ■� � �`■. =CC.p IIIIIIII■Ill i =11 �� •�►��ill\����� ���•- `-- ;� �� 1111111111 : _ �•� '�� � 41m� mm���Di�l m� ■Il��ee_■/� yu`1101<munumm� -� IIIIIIIIIIIIL111111 �111�:�� o- � �, X11 IIIII�•■I�III 1111 - 111 ==� ■� /li /// . �� _� ,�_ �� � � — eee■11IIIII. :` 1111 . +.__ -_ ■� .. r. • ��1 ■1■� ��' •1111 ■�•■� �� ■. ��1=�i Room M 1111111111111 ... -..- �II� . . -- — Illeeeee■ ■_ apt.. .. • � `0 111111■111►�� ■� ■ : :_ _� . IIIIIIIIIIII= ■iii'ralil�ll� IIIu11 111.',11111'1 :=� �■= � ' npl 1T - - X11 -m- ■_-_� 1111;, .��— X11■ _ :��, �nq► . , E Lm MIS low ON OWNS �,�•������ 111111= ?► `'�0�1��� ' A�r ��o� ♦ �•. �Illl.11lllllllr �pm • ����� o���lllai�//0�►/ Iilllllllll _� a•[° �� a � � �^ � ��I/���lmuum/ _■:_=�,�Oa ������� III � ♦ � �: ellllllllllll °_ _�� . � Q �1111 ,n• •�� �G .0 nuuunnunn �_ _11� ��� i� ♦i � �i.,n1 mina■■nnl����-3-11��• � , it\\�� �IIIIIII'llllllllllllllllllllllll'. _�10 LFMoV \\\\IIIIIIIIIIIIIIIIIIIIIIIII :11�111111111�11111111111 (Leading /r�j//W� 1 REPORT the Way V CLERK'S DEPARTMENT ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: March 7, 2005 Report#: CLD-07-05 File #: By-law#: ' Subject: USE OF MUNICIPAL BUILDINGS ' RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee ' recommend to Council the following: I. THAT Report CLD-07-05 be received; ' 2. THAT the policy addressing Political Activity attached hereto as Attachment No. 1 be adopted by Council; and ' 3. THAT all Boards operating municipal facilities be advised of the policy and forwarded a copy of Report CLD-07-05. 1 Submitted by: Patti am , A.M.C.T. Reviewed by: Franklin Wu, ' unicipa erk Chief Administrative Officer PLB* ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1101 1 REPORT NO.: CLD-07-05 PAGE 2 of 2 ' BACKGROUND ' Staff has been directed to undertake a review of municipal policies addressing the rental of 1 municipal facilities, specifically as they relate to political activities. 1 Subsection H13 of the Administrative and Corporate Policies addresses Political Activities, both of employees and the use of municipal buildings. In relation to Municipal Buildings, it states ' that: w 1 All buildings, facilities and properties under the ownership and operation of the Municipality shall not be used by any person, employee or otherwise for the display or 1 distribution of political campaign materials, signage, etc." It is suggested that this policy be amended to add an exemption for sifting members of ' parliament, both provincial and federal, and to indicate that celebrations following an election ' are not considered to be election activities. As this has been an administrative policy only, it is recommended that it now be adopted as a formal policy of Council. A copy of the 1 recommended policy is attached hereto as Attachment No. 1. A copy of the Facility Booking Contract and Rules and Regulations that the Community ' Services Department utilizes for the use of facilities is attached hereto as Attachment No. 2. It 1 is recommended that these documents be circulated to all board operating municipal facilities and that they be requested to implement the same procedure, with alterations to conform to 1 their needs. 1 Attachment 1 Recommended Policy ' Attachment 2 Facility Booking Contract and Rules and Regulations 1 - iiog 1 Attachment No.I to Report CLD-07-05 Municipality of Clarington ' Administrative and Corporate Policies SUBJECT: POLITICAL ACTIVITIES APPROVEDBY:LJ Council ® C.A.O. ' SECTION: H SUBSECTION: H13 DATE APPROVED/UPDATED: November 1 2000 APPLICATION: All Employees ' 1. PURPOSE To protect the integrity of the public service while allowing employees to exercise their democratic rights if they so choose. ' 2. POLICIES t 2.1 Political Activities are generally defined as: Making phone calls or stuffing envelopes for a particular candidate; • Soliciting campaign contributions from subordinates,colleagues or persons/organizations having dealings with ' the local government; Wearing campaign buttons or displaying other visible advertisements for one or more candidate;and Making public endorsements of one or more candidates. ' 2.2 Where a Municipal employee seeks an elected office,he/she shall be govemed by the Municipal Elections Act 1996. 2.3 Employees are prohibited from conducting any political activity in the workplace. 2.4 Employees who choose to conduct political activities outside the workplace are discouraged from doing so. ' 2.5 Where an employee chooses to engage in political activity outside the workplace,he/she shall: a) not coerce,solicit or influence other employees; b) not represent the municipality;and ' c) not prejudice or impair relationship between Council and the Administration. 3. MUNICIPAL BUILDING ' All buildings,facilities and properties under the ownership and operation of the Municipality shall not be used by any person, employee or otherwise for the display or distribution of political campaign materials,signage,etc. This policy does not apply to sitting Members of Parliament,either Provincial or Federal. Celebrations following an election are not considered to be political activities for the purpose of this policy. 1 1 ' - 1103 Attachment No.2 to Report CLD-07-05 MUNICIPALITY OF CLARINGTON -USE OF FACILITIES ' RULES AND REGULATIONS 1. The issuance of a Facility Permit is entirely at the discretion of the Community Services Department.The Department ' reserves the right to cancel any permit temporarily or permanently. 2. The facilities named on this permit are to be used on the date(s)and time(s)specified and only for the purpose(s) , named.The permit is not valid unless signed by the appropriate Director or the authorized Department representative. 3. This permit is not transferable. ' 4. CANCELLATION POLICY-TO CANCEL THIS PERMIT WRITTEN NOTIFICATION MUST BE RECEIVED BY THE COMMUNITY SERVICES DEPARTMENT NO LESS THAN FIFTEEN (15)BUSINESS DAYS PRIOR TO THE DATE ' STATED ON THE PERMIT.AN ADMINISTRATION CHARGE EQUAL TO 10% OF THE TOTAL FACILITY FEE WILL BE CHARGED. FAILURE TO COMPL Y WITH THIS POLICY WILL RESULT IN THE LOSS OF FACILITY DEPOSIT (50%OF THE TOTAL APPLICABLE FACILITY FEE). 5. The Municipality of Clarington will not be responsible for personal injury or for the loss or theft of clothing/equipment of ' the',applicant/organization, or anyone attending on the invitation of the applicantlorganization. 6. The maximum attendance at any facility shall be governed by Fire Regulations or Department of Health.All exits must ' be kept free from obstruction at all times. 7. Effective June 1,2004,smoking is prohibited in all facilities as per Durham Region Smoke-Free By-Law#66-2002. ' 8. The Permit Holder is responsible: (a)To indemnify and save harmless the Municipality of Clarington from all claims therefore and upon request will lodge with the Municipality confirmation of liability insurance coverage in a form and amount satisfactory to the ' Municipality, (b)To pay all damages to the facilities and/or furnishings arising from the use of same as granted by this permit (c)To pay appropriate fees for staff assistance including maintenance, bartenders,etc.; ' (d)To comply with all Federal, Provincial and Municipal By-laws and resolutions particularly those pertaining to games of chance, lotteries,gambling and alcoholic beverages: (e)For the conduct and supervision of all persons admitted to the facilities permitted and shall see that all regulations contained in this permit are strictly enforced; ' (f)To ensure that all persons admitted to the function being held have vacated the permitted facilities and that all privately-owned property and personal affects have been removed by the time specified on the permit. (g)Consumption of alcohol is strictly prohibited in all facilities, unless in conjunction with a Special Occasion Permit as ' issued by the L.L.B.O. 9. Admission of animals to the facility is prohibited unless approved by the Municipality of Clarington. ' 10. The person signing the permit must be a person authorized by the organization to do so and such persons,when requested,shall produce for inspection such authorization in writing.The person signing the permit shall,when ' requested,agree to personally guarantee payment of any rental fees that are due to the Municipality. 11. Preference for use of Municipal facilities will be given to the residents of the Municipality of Clarington at all t times. The permit holder has been given a copy of the rules and regulations which apply to this permit and agrees to be bound by these conditions. ' I have read and fully understand My responsibilities regarding this permit LESSEE DATE - 1104 (iLeading n REPORT the Way CLERK'S DEPARTMENT ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: March 7, 2005 ' Report#: CLD-09-05 File#: By-law#: ' Subject: VOLUNTEER SERVICE AWARDS -2005 ' RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-09-05 be received; and 2. THAT the Volunteer Recognition Event for 2005 be held on Wednesday, April 20, 2005. 1 Submitted b': Pa rrie, A.M.C.T. Reviewed by: Franklin Wu, ' unicipal Clerk Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1105 REPORT NO.: CLD-09-05 PAGE 2 ' BACKGROUND , In 1992 Council deemed it desirable to acknowledge and celebrate the many volunteers who contribute to the quality of life in the (then) Town of Newcastle. The first Volunteer Recognition ' Event was held on April 23, 1993 at the Garnet B. Rickard Recreation Complex and was very well received by our volunteer community. More than 90 volunteers received awards for their ' contributions and service to our community, and approximately 200 individuals attended the event. ' In 1998 Council resolved that the Volunteer Recognition Event would be held every three ' years, in the second year of Council's term, during National Volunteer Week. This year, National Volunteer Week runs from April 17th through to April 23rd, and it is therefore ' recommended that the 2005 Volunteer Recognition Event be held on Wednesday, April 20, 2005. The Clarington Beech Centre has been tentatively booked for this date. ' Based on the eligibility criteria established by Council, invitations were mailed to more than 85 ' Clarington community groups inviting nominations for awards. Nominations are being received by the Clerk's Department and the deadline for submitting nominations is 4:30 pm on Friday, , March 18, 2005. Given that the selection criteria are very straightforward, staff shall receive and evaluate the ' nominations and compile the list of eligible award recipients. However, to continue with the special significance of this event in acknowledging the contributions of the recipients, it is ' recommended that all Members of Council participate in the awards presentations. ' 1 1106 ' QREPORT ing the Way CLERK'S DEPARTMENT ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: March 7, 2005 Report#: CLD-10-05 File#: By-law #: Subject: ORONO CEMETERY BOARD ' RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-10-05 be received; ' 2. THAT the Orono Cemetery Board be accepted as a Committee of Council; ' 3. THAT a member of Council be appointed as Council's liaison to the Orono Cemetery Board; and ' 4. THAT the Orono Cemetery Board and the municipality's insurers be advised of Council's decision. Submitted b4Pa . , A.M.C.T. Review ed by: Franklin Wu, erk Chief Administrative Officer i��6tGtNl1^ Nancy Taylor ' Director of Finance/Treasurer PLB*ct ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 ' - 1107 r REPORT NO.:CLD-10-05 PAGE 2 of 2 BACKGROUND AND COMMENT Staff have received a request from the Orono Cemetery Board that they become a recognized ' Committee of Council. This request is as a result of the low rate of return they are recognizing on their investments. By becoming a Committee of Council, the investments of the Board are t included with the municipalitys investments, thereby allowing them to enjoy the rate of return that the municipality does. ' In considering the request, staff have met with members of the Board to discuss the requirements of being a Board of Council. They have been advised of the following: ' a) Council passes a resolution accepting the Board as a Committee of Council b) A member of Council sits on the Board , c) Board minutes are forwarded to Council for information d) An annual budget is prepared by the Board and submitted to Council ' e) Financial statements are submitted to Council f) The Board is aware that they cannot incur debt , g) All assets of the Board become municipal assets As an additional benefit, the Board will be covered under the municipality's insurance, thereby ' saving the Board the annual insurance premiums. Following this discussion, the Board met and are in full agreement with the above t requirements. If the recommendation to accept the Orono Cemetery Board as a committee of Council is approved, the Board will ensure that the municipality receives a current listing of its , membership. i For Committee's information, the Orono Cemetery Board holds one annual meeting, has an ' annual "walk around" and meets on an "as needed basis" throughout the year. 1108 ' C 1"'111gWill REPORT Leading the Wad 1 CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 7, 2005 Report#: CLD-11-05 File #: By-law #: ' Subject: Public Safety Related to Dogs Statute Law Amendment Act, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee ' recommend to Council the following: 1. THAT Report CI-D-1 1-05 be received for information. t Submitted b : P nie, A.M.C.T. Reviewed by: ranklin Wu, unici al Clerk Chief Administrative Officer ' PLB'cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' 40 TEMPERANCE STREET, BOWMANVILLE, JT10 L1C 3A6 T 905-623-3379 F 905.623-6506 1 � i REPORT NO.:CLD-11-05 PAGE 2 i BACKGROUND i On Monday, March 1, 2005 Bill 132, being An Act to amend the Dog Owners'LiabilityAct to i increase public safety in relation to dogs, including pit bulls, and to make related amendments to the Animals for Research Act, received 3'c Reading by the Legislative Assembly of Ontario. The Short title of this Act is the Public Safety Related to Dogs Statute Law Amendment Act, i 2005. Generally speaking, the Legislation speaks to the following: i • Expands authority to commence proceedings against an owner of a dog to include situations where the dog has behaved in a manner that poses a menace i to the safety of persons or domestic animals; or against a person who contravenes the Act, regulations made under the Act or a court order made under the Act. i • Courts have been granted the authority to order that a dog be neutered or spayed. • Mandatory destroying of a pit bull where the court finds that the pit bull has bitten i or attacked a person or domestic animal or has behaved in a manner that poses a menace to the safety of persons, or where the owner of the,pit bull has i contravened the Act. • Bans the owning, breeding importing, transferring, abandoning and training to fight of a pit bull. Provides a grandfather clause for pit bulls owned at the time i the Act comes into force or born within 90 days of the Act coming into force (ie. restricted pit bulls). • Provides for controls on pit bulls. i • Grants search and seizure authority to Municipal Law Enforcement Officers, and others, in specked circumstances. • Increases fines for individuals, on conviction, to a maximum of $10.000 or ' imprisonment for a term of not more than six months, or both. Sets fines, for corporations, on conviction, to a maximum of $60,000. • Provides for matters relating to proof as to whether a dog is a pit bull for the i purposes of prosecutions. Recognizing that this Legislation will significantly impact our Animal Services protocol and i administrative procedures, it is Staff's intention to review the new requirements with the Animal Advisory Committee and representatives of other shelters and report back to Council on this matter. i At the time this report was written, the Lieutenant Governor had not yet proclaimed the Act into ' force. f1U Le"49 Ere way " PORT ' CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: March 7, 2005 ' Report#: COD-009-05 # °! By-law# ' Subject: Oshawa/Clarington Association for Community Living and John Howard Society Leave Agreaments ' Recommendations: It is respectfully recommended that the General Purpose and Administration C immittee ' recommend to Council the following: 1. THAT Report COD-009-05 be received: 2. THAT the Lease agreement(Attachment#1)with the Oshawa/CWngton Association for Community Living in the amount of$11,449.46 per annum for one (1)year term be ' approved, and 3. THAT the Lease agreement(Attachment#2)with the John Howard Society in the amount of$11,449.46 per annum for one (1)year tern be approved;and 1 1 4. THAT the attached By-laws marked Attachment#3 and Adschment#4 be approved ' authorizing the Mayor and the Clerk to execute the necessary agreements: I 1 Submitted by: /` Reviewed by:0 `S ' 'e Marano, H.B.Sc., C.M.O. Frwddn Wi4 Director of Corporate Services Chief Administrative Officer MMILAB1cw - 120 REPORT NO.:COD-00946 PAGE 2 7 77 BACKGROUND AND COMMENT The Municipality has 9)dsft Lease agreements with the Oshawa Clw ngtott Association for Community Living and the John Howard SoclWfor the premises at 132 Church,$iheet,u Bowmanville since 1997. Administrative Services,.Employment Resource Cure for Youth and the FlrahoWa Youth Activity Centre are the main activities in the lbrow apparatus bay area and makitloor of the building. The proposed lease is effective January-1 200 ;and wit Dec ember 31,2096..An - extension for an additional 1 (one)„one year term is subject to succes$U negolks tl)9n of farms and lease amount. Any proposed exteneionvA be bought fo ward to Countdi *M The amounts proposed for each of the tenants twesents a fine(5)percent kw a as lathe monthly rent over the previous tease agreement. ,Staff will review again at the a4 of 2M.the operating costs for the building. The tenants are responsible for their own daily mailt tenancs t including custodial. CORPORATION OF THE 4M!W 40 TEMPERANCE STREET,BOWMANVILLE, ONTAR110 LtC 3A8' , 23-4180 ' 1202 �. Attachment#1 ' .THIS LEASE dated as of the day of 20p5, in pursuance of to of Lees Act BETWEEN: r The CorpofUNM of the Mttrdci q P� tY of 6terMgton (hoeinafter caged the"LandkwW) and- . _a Oshawa Clawww4wKwo for QMMM L ids a corporation in Binder ttre laws of the Proof p�ereinaftarcalled the-tenwW) OF THE SECOND PART j I LEASE AGREEMENT ' 1203 ' LKStpCAtwCL-LEASE.aG=.,Mc The Corporarion of the MUrf dPWY of 0ari glon , (hereinefteieaW the"Land� ') � _ _ . OshawaQwington Association for emmunill,L Q WHEREAS the Landlord has agreed m lease 1tt the Tenant and#jeTertert t sgreefd k► ISM from the Landlord,the assigned space at Fie Fire anti Gcatt�; 132 Gftun l Street Brswmanvi%s. Muniapafdy of Garington. Regional dif Whom (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES thud in � o/.the rem covenants and agreements b0fS after removed and ot�on 1ho pact of ftte Landlord and the Tenant,the Landlord leases bthe TanaK a #0 T %oas front the Landlord,the Premissffs on'the-thlowing at,ant congill lonr: t. Term (a) The Tenant shalt have and hold as tanafk for a tart of 9lo►.{1}year January 1.2005 and ending December 31 2005 eabd Ihi`feat"). (b) If the Tenant shag n t*In default under this Lease,Bros#rerwnt shall howtho right to extend the Tam for a fiv#w period of one (tj one 1"sar tarrft {tfita 'E)fanslon Tenn"),; Sudt fight,shag be a by Meat notloe kom #w Tenant to the Landlord gwat no lam than 180`days belo t1w of the Initial Term. The Ext miol Tam shay be subject 10 M"M lfrd nepptlatlofa of hale rate and on The 401106 ham and condRaits as oorallred hwdn am except that there sW be`no fixther right of exilmsion of=$ta'Tam of rt Term. . 2. 4 The Tenant shalt continuously opo upy the Premises #0 Tam,subject to and in accordance*ft�tuoyislons of this Lwo soNly ldr uaea permitted by law and for no other use or purpose. The Tenant stall nut cmrerdt or suffer or permit to be ape d(i)am wow or damage, diafiguratim or ifgtrry to the Presdras or the knworlwTierft Installations. fixbnas and epu0julyd the ow and(4)ahy Mis in.stoon-OOP a"ism. The Tenant shat) !t4t do or pemsl anyIhjng to be dons that rwjb it the cancellation or thwMened cancellation, or the radivbw et otr w*P under, or threatened reduction of leverage under any alsurew poWon the Pnsnasas or, any part of B. PAGE 2 I > r .t.F..aSE&u.CAforG�tEA9�7a�J.�vi' 1 3. Demised Premises The demised PISMIMS is comprised of the administralat areas, the former apparatus bay,Cmuti orn#2,aril adjacent office. 4. Licensed Areas The Licensed Areas k"Ides the non-effusive use of the Court Rome one and entrances, exit and stairs of the aforesaid building, the a icluel re use of the lowar and main floors, and the use of the east ten (10)Partlirrg apses in a designated area,on the east side of the building. 5. Basic Re During the Term, the Tenant shall pay to the Landlord annual minimum rent of $11,449.46 per year. 6. Tenant's Duty to Maintain ' The Tenant at al bras throughout the tern shall m6li ain the promises in a satisfactory condition as determined by the Landlord. Aping reasonably, without limiting the foregoing, the Tenet shall keep the Prerrieas in a clean condition, obtain at its expense,ja *o ial services,and daily operating axpen aes. 7. Neftease The Tenant acknowledges,covenants and agrees Met,eucW as herein expressly set out, it is intended # this Lease and the rentals herein provided to be paid shall be comPlSI*rret and carefree to the Landlord. ' All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties)or be additional rent and all additional rent shit be payable and recoverable as Basic fvterd, but in the manner herein provided.and the Landlord shall have all rights at);slftst the Tenant fordefoudt in any such payment as in the case of arrears of Basic Pont. 8. Repairs and MaiMararr� The Tenant hereby atxaepts the Premises on an "as is"basis. the Tenant, at its own expense, sterl n and keep the Premises and every part thereof, in good working order Orid condition and Promptly make all needed maintenance, repairs and replMoonnants as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, Ightrring and tempest and I structural defects only excepted). The Tenant shall keep the Premises clear and in such condition as a Prudent owner would do. If dual repairs or replacements to the reofr foundation o load bea ft weals or the heating equipment of the Promise are required during-die Terre,#m the Landlord shalt be obligated, at it$expertpe,to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Promises in as good repair as the Premises were of bus conornencement of the Term: PAGE 1205 9 loft _ , -wtsrtnb5ri �. (a) If the Tenant,during the Terms of this Lave or m' of ft, desires to make'any alterations or additm to ft O mMes, Anckx" but timked a:- erbcting'partitions, attetsft 9quipmont, and inata g necessary fumishinge or additicxnN a 7nherd:of to OmW&business. the Tenant may do so at his own ainpaflee,at any thm and from time to fire,if the=fd l conditions are met: (i) b0lbre undertaking any afteration or addillm the Tenant steal subs* td the Landlord a plait showing tts popoaed agloroong.or additions and the Tenant shah not proceed III;Aviki'any aboagggoor,addrTt n unless the Landlord has appnovmdibe pjan,whdttoLalaord std not unreasonably or arbiltadly with app" old itahhs included in the plan which are relfardedIAw#e Tona nt as 'Trade Fixtures"sle#badesignated as suniortigW01 n;and (ii) any and aff alterations or additions to the Premises made by the Tenant must cortipty with all appi aiwe buplling cods standards and by4aws of the municipality in whbh the are boated. (b) The Tenant shat be responsible for and pay tie;oW of any alterations, additions, installations or impro meft tw Oty vw VAIN* mUniccpaL Provincial or otherwise, may ratios to ho nwds in.on or to the Premises. (c) No sign.advertisement or notice shy be it bed.pq<rNsd or~by#10 Tenant, or any other person on the Ter s baNfl(, an any part td the inside or outside of the building in which tits Prehftiiies am located unless the sign,advertisement or notice has bean approved tih emytppect by V* Landlord. (d) All aleratirons and additions to the free nhM maAb by or on bOW of the Tenant. other than the TwwWs Trade Fbm#W b0coin the property of the Landlord without competwoonib the Tenar t. (e) The Tanaht"agrees, at his own ehpmm and by rrhlke%w nowim iii be necessary, inwnediately try` obit -the wieaes- or dlaahalge of.arty encumbrance timt may be registered-against tife LarndlQtq's property in connection with any addition or all iratiore lo tot made by the Tenant or in connection vft any odw anaivllyof VIjTqft* 10. Insurance and Indemnification (a)The Tenant shag prowls and maintain during qte 6gnWOf1h&l atle Carnrrmrc ml !Comprehensive General Liability insurance acoaptabWto dia,ma lfty anti subject to Gm>is,of less their 53000,00900 indAa per oommence for thodUy injury,death and damage to property kmkrdirty)Ift of use:fhsred (b)The Cone nercial/ Comprdiensive,General Llnbw k"ilrlanos policies shah be in the name of the Tenant and shag name the tafdtord as an additional insured thereunder. (c)Such insurance po ss shall content an amdormsibmt to provide the rvk,nicipaYayw�t tttrfyrtlt})days M+dttern rnotr:e of priapikttlon. PAGE 4 1206 (d)Evidence of insurance,satisfactory to the Municipality's Insurance Admirriskesoir shall be provided pdw to execution of the Woe. If requested by the Landlord, Certified Copies of the above-referenced policy crust be provided. ' The Tenant shall indetrkrify and save harmless the Landlord from any and all claims, demands, causes of action,loss,costs or damages that the Landlord may suffer,incur or be liable for, resulting,from the performance of the Tenant: of his-obligations under the lease agreement, save and except damages,claims,demands,actions or cause of action arising out of or as a result of the actions of the Landlord,its agents or employees. And the Tenant shah provide the Landlord with a carry of the policy certified by the insurer. 11. Damage and Desuudfcssa If the Premises are, destroyed or damaged by fire, Iphtning, tempest or other casualty,then grit in evory such event if, in the opinion of the Landlord's architect, the damage or desinution of such Building randers this whole or any substantial part of the said Buildinp,unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to can on its business, either the Landlord or the Tend may at its option, terminate We Lease by giving to the other notice in writing of-such termination,in which event,this lease and-the Term shall cease and.be at an and as of the date of such destruction or damage,and the rent and all other payments for which the Tint is Noe under the terms of this Lease shaft be apportioned and paid in fuc to the,dste of such destruction or damage; 12. Quiet Eniovment The Landlord covenantsvlh the Tenant for quiet enjoyment. 1 13, Government R The Tenant shaft,at 46018 cwt and expense,during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without liniiatbn, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipmard, operation and use thereof arld to the making of any repairs, replacements, alterations, additions, Odirigee, substitutions or improvements of or to the Premises. The Tenant shah comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal sulhortties, or made by insurance underwriters and shall observe as governmental and municipal regulations and oar requirements governing the conduct of any business conducted in fire Premises; (b) obtain all riscossarypermits. licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein;and I ' PAGE s 1207 M'L'rk :9N;.CAtud; kEPm_2�JU_^,E'. fc) carry&A-01 mookotiono. allocations or gwvw to#*promises and to Tenant's 000610d,of buslnese in or use ei inns l r4tlett ate requited by any ajoh'audtoities. TheTenant shall indemnify and hold ft Landlord harmieaa agalgstanyfpenaRy or , fine Imposed for any viciafion of any law, by-law by#*Tensnt or VON for whom tta Tersont is in law resppalbte. 14. The follaetrng svelte('Events of Default")shah be doomed a doWt(a "defaidt') under We lease: (a) If tiro Temrrt fails to pay any ineWmet Of Rasie Rent f+nrrnpty when due or additional rent frerewWer ('Additional kart") no'lete tissn:fnve (5) days following to reepetW due date; (b) If due Tetatfags to observe or,perform any other term,oaverimN,c>ondtdon or obfigeton tattler this Leon Thetis captbb of none y ciew#=a default in the payment of Basic Raft or Additional Rant,and snits%**nimssna urrerr odled Mar thirty(30)days following w)W OWM from the L&.%# rd to the Tenant Specifying such dafatt and'n►qu4$I*the Taman to remedy the slefat/J~ (c) If ere T rIt fad tD obsave and Perform any odrer neon. covenant conditioner obligatlOn under On Los"00 is 40 PONe of n3medy otte than a deault I the Payment of Basic teat or Rent and the Tenant her wrtten notice from Vw Landlord wring arch defsult;_ (d) If the Tenant makes an assignment for dte berdO of its cxedilors ga+eral6j, or if to Tenant Is declared hartitrttpt or kucoient, or t o peStion in bankrupicy le tied against the Tenant, or if to Tenant tit al en Stop in bw*n*W or takes or attempt to take rte of any iegisietiun for tetiel of bankngN or insohrent debtaai or if a tow—tgefr or a ftosi =manage Is aptpoirthd for of or a Portion attire Tattoos property,or if arty steps am Won orany action or procesdirip am isaft4ed by tiro Tenant ar by any other party including, wt out timkadkrn, W*corut or ` body of Judadid"ion for the di on.WoWft4v or liquidation Of the Tenant or ifs assets, unlef such be art saide, dished or aksndonsd'>adthnn fourtsea (114) dayre. For the purposes of Oft Subsection, OW mean the terio t snit any person CWTft on business in ornrxupyfrtg rte whoia or Wpm ot,#*premises; (a) if.tits Taint manias or attempts to rake any b4fo sale ofsany of its assets situated n#aPtentiess in contravention of the prim4wans of Otis tease,or if any Tenant serif. disposes, removes or onstrw v remove from the Premises a part of ft-trade^tbdurs% fumlkre, Ifflorovervionle. chattels or goods other:thmr in the normal cause of hmnow so ow a ero woW in ft event of &left sale, disposal or reMoW bo stifficient bade fb turss. hlnftae, Improve , chattels or goods of the T.anaM on the Promises subject to diabaas to saflsfyall rent due or aaauklq#heasondor for a period _ of at low twatae 02)mon ft :or (f) If the ;Promisee becomes and remains vtoart for a period of itve ( ' oonaeKwtlxa+teys.` Upon an E e t of O*WA the U amount of Bask,"tairAfAdOlonal Reria theta ,. owing and the smart north's Beak Rent and Addloorw Prat kagatlter with the need ensuing Um p}noittts instakrhenta of Basic iteM asltt-Additionat Rat shad irnmediAW become due and Payable undesa the l atdkfrj"ylvat m#Aen notice to I* the Trptmt io sta oanoary. i PAGE 6 - : 1208 : 15. Right of Re-Entry Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have,and without notice or any form of legal process, may forthwith re-enter upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and We fixtures therefrom, any rule of law or equity to the contrary notMthstandkV. The Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the Tenant as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Section, ten (10)days prior notice to the Tenant of disposition shah be deemed to be commercially reasonable. 16. Rioht of Termination In addition to all fights and remedies of the Landlord available to lt by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to Me Tenant. Upon such notice, this Lease shah terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shall thereupon withirtthree (3) days quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shag have the right to cancel this Lease at any time during the tern by giving the otter party no less than three (3) month prior written notice of termination. 17. Right to Re-let etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's-obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting,and relet the I Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals Mid upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the relettkhg will be applied (i)to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, legal fees and costs of the alterations and repairs and (iii)to the payment of rent due and unpaid hereunder. The residue,if any,will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the relating during a month is less than the rem to be paid during that month by She Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shag be calculated by the Landlord and paid monthly in advance on or before the fast day of every month by the Tenant. No re-entry by the Landlord shag be construed as an election on its part to temtinate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the<Landlord may elect at any time to terminate this Lease for a previous breach. PAGE 1'209 LE (Ayi J 18. tithe Lw4ont shaiL temunme Mb-Low as provided ftsrih in,the Farhat aFneti Y to the Landh d on demand, rat hereunder up to,thas time of reen#y or terminator,whkAevw shy bathe Low.' 19. Seoarete The Land may from time to lima resort to any or at d the+ enol mmedtes availsblei to it upon an Evert of Deb*s*w by any ptgvteion of Lease or by statute or the general law, ati of which rights and remedies are intended to be cammAsWe and mn alternative and may be exerCited genwally or In coaftwhon. 20. war r (a) WotwthsiwWi V anyh% CwtskW in any Nadds now or hereafter In force lulling or abrogating the right of distress, none df Ma goods,Owltafa or dada Mures of the Tenant-m the Premises,at ally tine AmV the Term shat be eat from lay by d'gkess for rem in aura;amid t any Colin is made for such exemption by MB Tenn er If a-gistnws is met*by the Landlord of if any ackn is brought to task floe 6&-of itw Lwwiord to►eviy Upon any such goods as are so axerrnpted,#tit tome may be Oeoftd ass an estoppel against the Terraht,the Tsnertthareby,. . ' aelth and every banaft that=0 or night have aosnaed to the?seem rrrdwarW by vhtft of any such statute by for this Leese. (b) Failure of the LarOwd to hash upon the Porlommme of any o vmrhant or condition of this Lease or to exercise any dght or option eorAgihad in tts Lease shall not be construed as a waiver or of any such Covenant, conditions, right or option or of any SOMWent beach of the same. No variation or ww w of any OwArOntor Ondilm of this Lease Shell be valid unless in w►itg fold sf w d by ddlyt auttedged persona on beW of Me Landord. 21. Covenants Every of>tigapm of the Larhdiord or the Tenant exproaed in this Larvae, even Moug?rot expressed as a covenant, be a o mw t for all purposes. The ackrrorrledges,t that it shall have no dolt M arty benafit of &AMM or discussion. 22. Time of!_seenoe Time shall be of the essence in sit seepscla hersundw. 21 Erdorceabitity; If any tern,cowenent or oonditon of this Lease or the *Mkatirn thereof to any person or Circumstance is to any WAWA held or randsmd kw lid,u or 1190.Yle , Me mmai W of this Lease or the appNCom of h term, ow enant or conditions to pens or odnwntsmnow other than ttttse r*tr respect to which It is . held iwatid. unwftceable or illegal is not afferhksd thereby and Contiwes to be applicable and enliorceable to the fullest extant penalltad by v. PAGE 8 1 210 24. Notices Any notice that one patty hereto may desire or be required to give to the otter party hereto ahal for,no purposes be deemed to have boon sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in he one of the Landlord to: Municipality of Clarington The Landlord 40 Temperance Street,gowmanville,Ontario L1C 3A6 Attention: Lou AnnBirkett,Purchasing Manager and in the caoe.•of the Tenant to the Premises and shell be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mat.on Me third business day following such mailing. Any notice shell be in writing, sxceptt:as'expressly otherwise provided herein, and shall be given only by delivery as afpieselo in the event of poet interruption; Oshawa Clarington Association for Community Living The Tenant: 132 Church Street,Bowmanv5te,Ontario 25. Right to Sutilet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as Permitted by this lease,:and is complimentary to Me operabonof the Tenant. The Tenant must provide the Landlord with written notilPCatior of any sublease entered into by the Tortoni. it is the Tenants responsahility to ensure That al terms and conditions of this lease are adhered to by tananits subleasing. At any time during the term of the lease,the Landlord reserves the right to revoke the right to sublease,Should the Tenants who have subbaeed be In violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with reaped Insurance and Indempfication as identified in this lease. The existence of arr�j sublease shall in no way reduce the responsibility of the Tenant 26. Dangerous Use The Tenant sheq not commit or permit anything which will increase the cost of the Landlord's insurance or-render any insurance on or relating to the Premises subject to cancellation, 27. Rules ReaardinalQR0164 n of Demised Premises The Municipality's Property Manager from time to time may give the Tenant written notice of rules regarding the operation of the premises. Such rules Shull be complied with by the Tenant's and Sub-Tenants during the Term of the Lease and any extensions or vans"thereof. 28. Smoke Free Buikleta The Tenant shell not permit or allow any person to smoke tobacco product anywhere in the b4tdirg. ! # RAGE 9 1211 ZAS. 29. This lease and Overything hereto contained stag arnft W the' of and be Wft upon the parties hereto their suers and' pemnitiod assi%fta respectively. This Lease shelf be interpreted.pgvemed and erhfareed irtetcordsace with the law of the Province of Ontario.Canada 39. Notice of etc. The Tenant&baitpron"y notify the Landlord of any accident,dolisM damage or deficiency in or on any part of the Premlaes which to the attention of the Tenant, its emptopas or contractors,notwithstanding tit*-the Landlord May have no obligation in romped theraof, IN WITNESS WHEREOF the parties have duty exaptIed and unconditionally, delivered this Lem as of the dots,"above writpn. THE CORPORATIONOFTHE MUNICIPALITY OF 04PANGTO14 8y: John Muton,"P And: Patti L.Serrie, OSHAWA CLARINGTON ASSOCIATION FOR COMMUWtY LIVING And* PAGE 10 1212 Atdhmeet#2 THIS LEASEdated.aspfthe day of 2005. in pursuance of#10 tihed Forms of Leases Act BETWEEN: The Corporation of the Ntunfc pe ty of ehwh too (hereinafter called the"Luxuard') -and- i incorporated under tee taws of Bte Province of Ontario (hereinafter called the-rarenr) OF THE SECOND PART i - I M I LEASE AGREEMENT 1213 The Corporation of the of (herdM~called the'I anctlo� eruct The John Howard Society (hereNWm rolled the"Teifa r WHEREAS the LandWd has 1 from the A�rWkhrd Ole 88�90 Waft at Via Tenatt Court Tenet 2 Clair h aligned space �dhe tae and CtatiR t3ta'idiag, 132 CdhurOt Street, Boom nvMe: KMWPBKY of B>seHnglon. RegionM Chaiaapn (Ore . "Premises'). NOW THEREFORE THIS LEASE WITNESSES ft* in of #0 rents, covenants and aWeamahre reserved MMI cartaihrtct on the:pwiof the Landlord and the Tenant,the LandWd thaw to the Tenant,and T iemes ham the Lanchprd,the Preavees on ft Ong tarns MW oaf . 1. 7emt (9) The Tonsm shad have and hold as terms for a tern of do*(1)yea catrraencirhp Jarwary 1,2005 end en ft December 31.2005 called 7 'f Nm') (b) If the Tenet shat net be in deft&under#ft Lowe, #,w,.Twwg atm ttatre Ora right to exte wf tm Temp fox a further period of o €Drone yss temrr Me TAmnalon Tort"). Such right 0*4 be exercisable by notice torn the - Twwd to Oats Landlord given no later than 180 dlaya ballX r Bre arpuation of the initial Tenn. The Umsion Term SW be subject to womillmsful ;i e lease rate and on the sane tenth and conditions as oofrlsihed-bsasih sam and except ttaat there sholl be no fur#ter right of extension of t)re Tenn of Extension TOM 2. y>tg The Tenant vW oontinuousy ocoupy the Preview thmwgk onrt#o Term,subject to and in acxwrdmwwith tile priovis arp of UTIS Lease, for usm pars ttect by law and for no other use or purpose. The Tenant slut W commit or suffer or permit to be coft~#y an y agets of danege, disfigy►atkm or k* y to#w P►a dm or me WrpownsmAs, flxbues and _ tthensort and(s)any nuisance ih,at ori6n4 e The Tenant sW no do or permit anything to be done that results in fie- h or Otnsetened ce mostion or the fs*Wjow 41 coveraps tpxlw or threatened reduction of coverage under any insurance poky on the Promises,or any part of It. 1 PAGE 1P1d 3. Demised Premfres The demo:prwnisaa is comprised of the adn*Aoko*on areas, the former apparatus bsyrCourtreom#2,and adjacent office. L 4. licensed Areas The Lketaed Ara V%fudes the non-eras use of the Grout Room One and entrances, exit and stairs of the,atoreeaid building,one a mku use of we Ioawr and main tinors,,and Ste use of the east tan(14)pert ft spaces in a designated area.on the eaetalde of#ne building. 1 5. Basic During the TeM the Tenant shall pay to Cie Landlord annual minlwrm rent of $11.449.46 pet-per. 6.. Tenant's Duty Ia fl ritrht�ain The Tenant at an #vouot out the term WW maintain the premises in a satisfactory=Wm as determined by the LWAW. Aping a6fy,W*W limiting Cns IbMMO*19� 00 Tenant shall keep the Prerrtiges in a dean condition. Obtain at its OVWAW Antitaaiei*Wvx s,and daily opua#tt$uses. 7. Net Leese The Tenant .covenants and agrees that except as herein expressly OM Out, it is v ta*W*W this Lease and the WAsis hesekn p wMed to be paid j shall be cornpleteyrrtet and carefree to the dandled. All amounts Yequbd to be paid by the Tenant hmmider(der to the LarK tsd ; or third Parties)shait ba additions(rent art all add illo"mt am be payable and recovmble as 8ansic ROO, but in the Renner hmekt.provided, and the Landlord shall h all d* the Tenant for dolvA in any such paymeM as in cow of arrears a(Sesic Rent. i 8. Repairs and Mskteaoanm The Tenant hereby erupts the Premises on an was W basis. The Tenant, at its own expense, shag min and keep the Promisee and every part thereof. in good working mW add oondition and promptly make all needed maintenances, repairs and MOSMhWft as would a prudent owner of similar premises (reasonable won and'War and damage by *a, ligWft and tempest and structural defects only excepted). The Tenant streM keep the Premises peen and m such condition as_a prudent owner would do. H structural nopsks or replacements to #w toot, foundation or load bearing wags or the heating equipment Of the Premises are required during the Term,then the Landlord shall be obligated, at its atq►ense.to efFect such repairs or repilsoaments. The7&wo oovenants with #W Lpndlqrd to leave the Premises..In.:as good repair as the Premises were atlheoommeneement of the Term. PAPS 3 1215 (a) N the Tenant;dining the Tanna Of this Lane*,*W ronewM Of it desires to make any a0srations or additions to the PTAWASM k%*jft but not limited to: erecting partitions, auadit and insteNinlo Y b 'W4Dr additional equipmaa tal�ihs TsnanFs businels,- the Tenant may do so at his own expense, at any tits and fmm time to.. firm. if the following conditions are met (i) before undertskin9 MY akeration or amt the Tenant shah submit to the Landlord a plan showing th p applied altaratlrxis r addition and this Tenant s hd not proceed to ineft say allocation or addition unless the Larxiiaw tae approved the Puss:and,the Landlord strap or arbia'a* wMMtold ikr Wievai and items included in the Plan which are regarded by the Tenant as "Trade Fodur "shall be designated as swan the phsn;anti any and all akerations or addtigns b #*a Pnlanlams made by the Tenant mu*corrnply wAt sd aWkdabls bat ftcads standards and by,laws of 610 munkapelky In which the PNMWA are boated. (b) The Tenant she be rib for and Pay the cast of Pry akerafions, additions, kmKmft ms or nipro%wrients that W governing authodty, rnunrclPel,Pt3 or otherwise. MY n ft tie made in, on or to the Premises. (c) No sip. ornolba,WW bt�,ipskt or affixmdbythe' Tenant. or any A*w Person on the Tanaso bat)rtlf, an any Part of tte inside or ou hWe of the building in whidt this sre,locased urilm the sign,advarlisain"or notice I'm been SMXCVO dpi►OWY respect by the Landlord. (d) AN alterations and additions to thePretrm made by or on betttltf of the Tenant, oaadr than 1he Tenimirs Trade Russ, lmnodillaltrbecorta the Property of Me Landbid without compmnitstiort.b,*s Tenant. (m) The Tenant sgtmgs, at his Own emmi nse and by w oWw meara may be necessary: irnmaNJIStety W obtain the release or discharge of any encumbrafte that may be registered agent tlta,LSndlonfa Property in conrectim with arty additions or sdfe m tts b the diie�Made by the Tatiant oral cormei ummiWt any cv ate&y of fke'T!exarM. 10. InjiluM and loftaIDIUM (a)The Ten&M shad provide and rrimintain during the bmtof tha Mm C ecw /CaMnshensive General Liability insurance aocaPtabfpift the Municipality and subject to knits of not wila-ltm $3,000,000.00 irtAhpit+e per ii=imence for bodily injury.deelh and damage to property irtrluding"td use afereof. (b)The Commercial/CmWet s General LiabW hodillince policies shell be in the name of Nte Tenant OW shelf name the t.an*W as an additional knaured thereunder. (c) Such khsurancs Poktaes SW contain an W to provide the MUMC4 btY with gtyC3Ot wften notice d PAGE 4 r (d) Evidence of insurance satisfactory to the Municipality s"oe Administr�Or ` •Rrovded prior to execution olfOw . If tsquestsdA!y the Lanilkitit;L'�b irppies of the above-referanoW OoNly must be providi" The Tenant shall iN nnif and save hates the Landlord f om any and all claims, demands, causes of cotton A*%costs or damages that the L oodw may suffer,incur or be liable for, resulting from tha ioerfo mane of the Tenant of ift obligations under the lease agreement,save and except damages,claims.demands,Ocf(ons or cause of action arising out of or as a result of the actions of the Landlord,its agents or employees. And the Tenant shall provide the Landlord with a Copy of ft polity candied by the insurer. 11. Damace and If the Premises are destroyed or damaged by fire, lightft tempest or other casualty, then and stevery such event if, in the opinion of the Landiorl's architect, the damage or destruction of such Budding renders the whole or any substantial pan of the said BWh*,V u"* for occupancy or Impossible or unsafe for use and occupancy or 4W4WOMO for the Tenant to continue to cMy on its business, eater the Landlord orthe Tenant may at its option, temwu"this Lease by giving to the 1 other notice in wr6V ofAuch termination,in which event,this Lowe and the Tenn shall cease and be at an end as of the date of such deektcrt or damage, and the rent and a9 comer payments for which the Tenant is under to terms of this Lease shag be apportioned and paid in full to the tie of such destruction or damage; 12. quiet Eniovment" fThe Landlord offiou0swith the Tenant for quiet enjoyment, 13. Government Mo The Tenant shad;at Its sale cost and expense,Ouratg the Term. (a) observe and comply with all applicable govmrmnm%W ins and regulations including, w*M4 limitation, federal and provincial legislative enactments, Budding.by4aws and other govemrmental or must regulations which relate to the. Premises or the partitioning, equipment, operation and use thereof and to mite making of any repairs, raoermernts, alterations, additions, chartgitf, substitutions or irrprovemer4g of or to the Premises. The Tenant $ly comply with all police, fire and sanitary regulations imposed by say federal, provincial or municipal suthorfo s, or made by insurance"urrs and shah observe all governmental and municipal regulations and other requffementa govemmg the conduct of any business conducted in Mme Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of this Promises and the conduct of business therein;and I i I fPAGE 5 1217 Taal bLakwea in or use of lw d . Wal �t are " bystvyanathau8iortlias. The Tenant shalt indemnity and fold the Lwdkxd fia(eaAYesa -anlr PMUftOr tkte imposed for away violation of any Wv, by Ise+or oappledw by the Tvnwd or tltose for whom bfe Tenant is in low reeporible. 'f'4 The kftlowinp emft CEwerds of Default")*all be deemed a 00**(a "default') wtderaaaLessa: (a) If#*Tenwtt fails to Pay arty nwrtof Bedcd�"V*nptty when due or addltkx+at MM hereunder rAdditiprw[. ne letx #m five (s) days f ftwi tg the respective due date; (b) If the Tenant tab to oba mom perklmt auayalfW lWA MWAnt,oorwitoon ; or otrligattan under this Lem that is capable of tasiedy c1her than a default to the PaymeM of Basic d+W or Additional Rent,Amd swh dsdewt remain umnadid after.titkty f3tf)clays k>Mc v*v~roe- Mort fr?om this Umdlorid b the Tenant Spec if ft such dolault and r+squbflt OwlenxM to remedy (c) If the Tennant:rises to observe and partma aft straw tern, oovenartt. oondff 4ns or b igatim wx*rtes LOssttwltis r#t O"of y other drabs a def" in ft PaymeM of Basic Font or and ft Tenant receives written notice from the Larrdtord 4000 g such default (d) if the Tenant makes an arraignment for#wkberwm of At creditors generally. or N the Tenant is declared barArA* or kteOma, or if a piotc," in beMmu"ie tom-against the Tenets,or VIM reeled ties an in bwa Aq*y or takes or attempts b take the M any , for mW of banktupt or Irteolverd debtors,Or If a"CAW or$roo9ker wW manager JeAppoirsad for an or a portion-of to TMstnCs pr oparty,or If any steps am Mm or any MOM a prormdkagsIM*4ttiluked by"tae Twwk or by any other partydttGtwift WOW ftho0a.aV=A or body of compstsalcuieelic4ort for ties disk*hx#ngup or liriuidation of the Twwtt or its asst{a, unless saah p o isdUng be set ask*; disdrergad ar sbwWOned fowteen (14)4MM For tfte purposes of this Subsection, "Tansir shell mown the Twwra**any person caMAV on business in or oea ipyhng#*Wide or wV pert iglus premises; (e) If.the Tenets makes or attempts to make any,bulk Bala of arty of Its assets situated in to Premises In coat avwitlon of the of this Lesse,or if any Tenant seft, disposes. removes or sft"v a to remove from the Premises a.pwt of Its trade tixarres furrt S, lalpAavemwNs chart or goods G#w tM in the nomad course of b so that lbws would In the avant of such sue, disposal or removal be 40deAt trade fixtures, fumtkrre, improvements, chattels or goods of the Tenant on the Promises WA*d to diallsss to satisfy all rent due or sccxu ' for a period of at Waal Waive(12)monft or (f) If the Promisee becomes and remains vacant 1w a period of five (5) consecutive days. .. Upon an Evert of pefaPA, ft full smournt of Basic RaM said AOdOonal front than owing and the current-moWs Bsec Rwt acid Addillionftl tint tagetter witin this: next NwAng tnree(3W"Os kWAhwft of Basso ROrd AW she* imrrnedistely become due and payable unless ft LWKUO hrss wrlltso notice lei the Tenant to the M"y. PAGE is 121 R 15. Right of Re-Erdnr ' tUpon an Event of Osftuf�arir! at the opinion of the Landlord, the Landlord, in addition to any other remedy or right it may have,and wthout notice or any form of I legal Process,shay forttiw'tm re-enter upon and take possession of the Premises without thereby leg this Lease and remove and lea@ the Tenants goods, chattels, equiprttartt anq,trade fixtures therefrom, any ntie of law or equity to Ore contrary notwigNW4k4 The Landlord may seize and sal such goods, chattels, equipment and trade fxitnes of the Tenant as are In it*Premises and may apply the proceeds Owed to all rent and other payments to which the Landlord is than entitled under tale Lease. Any such sale may be effected in the discretion of the Landlord by pubec aurdpn or otherwise,and either in bulk or by individual Rem,or partly by one morns and party by another,all as the Landlord in is ads discretion may decide. If any of the Tenants property is disposed of as provided in this Section, ten(10)days prior notice to the Tenant of disposition shall be deemed to be commercially masornable. 16. Right of Termiaatton In addition to al rights and remedies of the Landlord avaNetile to R by any provision of this Lease or givw by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon I notice in writing to the Tenant Upon such notice, gts Lease shall terminate immediately without the necessity of any legal proceeding whatsoever. The Tenant shat ttiersupon within three (3) days quit and surrender the Premises to the Landlord, or t not yet in possession,the Tenant shag no longer have any right ' to possession of the Premises, and the Landlord, its agents and servards, shad) have the right to enter the Premises and dispossess the-Tenet and remove any Persons or property therefrom without the naossslty, of legal proceedktg whatsoever and htA xxd teeing liable to the Tenant therefor in damages, or otherwise. Either party shag have ti*right to cancel this Lease at any time during the tern by giving the other party no less than three (3) month prior written notice of termination. 17. Right to R If the Landlord mFanter&:pursuant to the provisions of stirrer this Lease or a4 applicable law, the Landlord, without limiting its right to recover damages, may either terminate ttia Lease under this section or it may from time to time without terminating the Tenants obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a relating, and relet the ?remises or any part thereof as agent of the Tenant for such term or terms and at such rental or rerkas and upon such other terms and conditions as the Landlord in its reasonable dish considers advisable. Upon each resetting, all rent and other moneys received by the Landlord from the relettkhg will be applied (s)to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the relating including brokerage fees, *0 few and costs of the alterations and repairs and (its) to the payment of rent clue,and unpaid hereunder. The roue,if ruby,will be held by the Landlord and applied in payment of future rent as R becomes due and payable. N the rent received Item to fletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant she# pay the deficiency to the Landlord. The detolencyShall be calculated by the Landlord and paid monthly kt advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shag are construed as an electron on its part to terminate this Lease unless a written nonce of that intention is given to the Tenant Despite a retailing without terminator,the Landlord may elect at anytime to ternprhffie this Lease for a previous breach. _ PAGE 7 1219 W If the Lwxftd*A tarrnirhate,this lease as provided heroin,the Tennant Shah pay to the Landlord on demand, rent hereunder up to:the *m- of re-entry or termination,whichever shall be the4ater. . 19. Seoarete The Landlord may from tirrre to tine resort to soy or all of she rights and remedroe available to it upon an Evert of Default either by any pet on of this Lease or by statute or the general few, all of*ft h rights and remedies are Wended to be cumulative and not altemakws and may be exercised gerWally or in corribinstion. 20. (a) Notwithalending anything contained in any xWukmw oa hsreater in force limiting or atirogetng the right of distress, nom is line.goods, chattels or trade fixtures of the Tenert on the Preraim at asy tare during the Tenn shall be emmpt from levy by distress for rant in a0iia s,a nd if any claim is made for such exemption by the Tenant or t a dstres&is made by the Lmxftd of t any action is brought to led the right of the Landlord to tehy upon any*job goods as are so exempted.Otis tease may be pleaded as an estoppel against the Terhannt,the Tenant thereby'WaiWng each and every berhef+t that cculd or might trays accrued b Ore Tenant under and by virtue of any such sft to by fortes Lease. (b) Failure of the Landlord to Insist upon the parldnimamos of any covenant or condition of this Lease or to exercise any right or option contained in this Lease shy not be-construed as a waiver or roar pnaisfarart.nt any such covenant. conditions, right is option or of isny *,fteoperW bmisch of the same. No variation or wmw of any covenant or Gorrdition of tits Lease shah be valid unless in writing and signed by d*,authorized persons on behalf of tine Landlord. 21. Covens ten Every obligation of the Landlord or the Tenant evoressmil in this Lease, even though not expressed as a ome nant, slid be a awment for all purposes. The Tenant aluhawledges that it sW have no right.to any bereft of division or discussion. 22. Time of Essence Time shah be of the essence in all respects heraunder. 23. En ; If any term, covenant or condition of this Lease or the application thereof to arty Person or cirournsWice is to any exlert held or rendered invalid,unenforceable or illegal, the remainder of We Leese or the application of such term,covenant or conditions to persons or cseumcie MS Other ten tthoe ;06 respect to which it is held invalid, unenturceat>fa-ar illegal is not affegted thereby and continues to be applicable and erAorceatite to the Mest extent pennihed bydew. PAGE 9 i 220 M Hi5`.dti i r t Y� 24. Notices Any notice tho O party hereto may desire or be tegytred to give to the other party hereto.shall for all purposes be deemed to toys been suffidently and property given, if dekvared personally or firwen9ed by registered mail and addressed in the case of the Landlord to: Municipality of Ciarkngton The Landlord 40 Temperance Street,Bentr nt k Ontario L1C 3A6 Attention: Lou Ann Birked Pothosing Manager and in the cars of the Tenant to the Promises and SW be presumed to have been received on the date of delivery, if delivered ponivaby, or N forwarded by registered mail on the Nerd business day following such MMkrg. Any notice shale be in writing, except as expressly otherwise provided hbtskr, and shall be given only by delivery as aforesaid in the event of post Interrupiloin. The John Howard Society The Tenant: 132 Church Street,BorlrrNnyb,Onisdo 25. Right to Subic ' The Tenant stns# have the right to sublease any poppet of their useable leased area,provided that the use and occupation of the Anx of the Promises remains as permitted by this lease,and is complimentary to to oporellen of the Tenant: The Tenant must provide the Landlord with written +gran of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that an temp W d Gencitions of this lease are adhered to by tome subleasing. ' At any time during the term of the lease, the t.andbnd reserves th right to revoke the right to sublease,should the Tenarts who have subleased be in vktation of the terms or this lease, and or should the Intended use at pule premises not be maintained. The Tenant will assume all responsibility for any etdrferranls with respect Insurance and Indemnification as identified in this Isere. 71W Wdstorce of aryj sublease shall in no way reduce the responsibility of the Tormmt I 26. Dangerous Use The Tenant shall not commit or permit anyNN which vs'A line ass the cost of the Landlord's insurance or render any insurance on or MWV to the Premises subject to canceNoWn, j 27. Rules Regardino t)m"D of Demised Premier.s The Municipality's Property Manager from time to time nVW#M the Tenard written notice of rules regarding the operation of the premiers, itch rules shall be complied with by the Terarnt's and Sub4onantsduring tlyTemt ofthe Lease and any extensions or renewal thereof. i 28. Smoke Free BufrBng j The Tenant shall not Permit or allow any person to stroke tobacco product anywhere in the building PAGE 0 1 29. t This Lease ardor molt hwain cordsl1 d sae/mm to dw font of and be binding uPOn to Pis hemp the mcoossm and pgnv*W assigns respec"y. 30. Govemina t aw This Lease shall be ifflwpa W ownmed and anfarow is aooardance vath the law of the Province of OntMio.Canada: 39. Notice d AixJdmc. The TeneM shah p wrtptiy no*awe Lw4W d any so*JoK 4ofa*.damage or defdoncy in Or On airy Part d tM ftmkm wFWdt ftrn@s fo ftmabsntion of the Tenant, it's empipyesa or oars,nomMutwift 00#0 Lwkftd may have no obNga*m in respect dWeof. IN WITNESS WHEREOF the parties haw.duty. e f•attrl:uj ndttionaNy dowered Oft Lease as of the driaAret alxm wff". THE CORPORATfON DF`M MUNCIPALITY'OF Ci NOTON f John Murat,MayM And: Patti L.®a iW C#lik THE JOHN HOWARDSOC#E•fY l3yc And- PAGE i.0 1222 r r Attachment#3 THE CORPORATION OF THE WMICIPALITY OF CLARINGTON BY-LAW 2005 ' Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreetrtefit for the lease space at 132 Church Street, Bowmanville, ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby,authorized to execute, on behalf of the Corporation of the Municipality of Clerks ton and seal with the Corporation Seal, a contract between, Clarington and Oshawa Clarington Association fw Community Living, of Oshawa , Ontario, and said Corporation; and ! 2. THAT the contract attached hereto as Attachment#1 form part of this By-law. By-law read a first and second time this day of 2005. i By-law read a third time and finally passed this day of 2005. John Mutton, Maya I Patti L. Bating, Municipal Clerk ! Attachment#4 THE CORPORATION OF THE 141UNICtPAUTY'OF CLARINGTON BY-LAW 2005- Being a By-law to authorize e contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church utreeti Bowmanville,ON. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1 1. THAT the Mayor and Clerk are herebyr authorized to execute, on behalf of the Corporation of the Municipality of Clark on and seal with the Corporation Seal, a contract between, John Howard Society, Bowmanville, Ontario, and said -� Corporation;and 2. THAT the contract attached hereto as Attachment#1 form part of this By-law. By-law read a first and second time this day.of 2005. R By-law read a third time and finally passed the day of 2005. i John Mutton, Mayor i Patti L. Barrie, Municipal Clerk i i U24 1 re�g�tvb, 4PORKWATrz SEIMEB DEPARTMENT Meeting: GENERAL PURPOSE AND 'WFRATiON commff TEE ' Date: March 7,2005 Report#: COD-010-05 File# r Br# Subject: Request for Proposal-RFP OO$4 Neyrcasds rLft "ft Ekud3t Recommendations It is respectfully recommended that the General Pe and Administr*We;Gonlmt Mrecontnlsnd to Council the foNowing: 1. THAT Report COD-010-05 be received; I2. THAT the proposal received from Montd*h Brown Planning Lor4onr Ontario being the most responsive bidder meeting aN:tee conditions and speolftellieni of Request for Proposal RFP2005-4 be awarded the contract for the provision of a Fee ft Study for the Wage of Newcastle at an estimated cost of$31k 182.50 plus GST;and 3. THAT the funds In the amount of$39,182.50 plus GST,allocated In the draft 40 current budget, be drawn from the Community S,efvit srtment Consulting Aomot#400.42-1130- 10085-7460(no tax levy impact), FORTIoNWITH. Submitted by:�� Reviewed ' rano, H.B.Sc., C M€. r tidir►Yitu, Direct rporate Serum ChW Admkft f etrativ Officer Lodieph Caruana, Director of Communi Servlr Alit A//cy Taylbr, B.B. C.A., Director of Finance IMM\1A131cw 125 COD-010-05 pays 2 BACKGROUND AND COM#it A request for proposal was publicly advptftad,,and issued with bid lit issued to forty4bur firm The following is.stafm4ation of bids subm#te&-., dmA Planning & Management Services Barry Bryan Associates '5; OP Whitby, Ontario Monteith Brown Plannlrtg Consultants'' London, Ontario Representatives from the Community Sew ant and sewed and scored each proposal based on the fQgttwing criteria: Previous erience Previous Team Experience . ➢ Experience of Key Personnel Price ➢ Woridrr0howledge in Ctarington Mcmurtiam Region ➢ Ability to Complete the PnojW on S chedule ➢ Completeness of Proposal ➢ Approach la methodology of project delivery As per the request for proposal document,"to cwt selection*oWd' "be made on the basis of the written proposal and a potat0st Werview, Upon completion of the. document reviavv by the selection co"V101 " mo firms, Monteith Brown Planning Consultant arA dr* Plan" and Mid Services were selected for an interview. 1"22"6 rCOD-010-08 Page 3 The scores were then compiled with the Olroposel from Monteith Brown Planning Consultants receiving the highest score. Monteith Brown provided the most tcomprehensive proposal overall,which includes the following services: ➢ Meetings and interviews with staff and key providers, workshops with stakeholders ➢ Socio-Demographic Profile ' ➢ Trends Analysis ➢ Public Stakeholder Meetings Facility Needs Assessment ➢ Partnership Framework ➢ Facility and Program Identification i ➢ Investigation of Appropriate Building Systems ➢ Capital and Operating Cost Analysis ➢ Final Report and Presentation Staff was impressed with the coverage of the proposed services and the proponents' experience with similar projects. These include the Aquatic Needs Assessment Study ' for the City of Guelph, Feasibility Study for the Cookstown Branch Library, Innisfil plus many sports and recreation facilities and parks studies and master plans. ' This project is allocated in the 2005 Budget and this amount will be funded from the a Development Charges (73.9%) and the Professional Fees Reserve (26.1%) and, therefore, has no tax levy impact. The Director of Finance has reviewed the funding requirements and concurs with the ' recommendation. Queries with respect to the,.department needs, specifications, etc. can be directed to the Director of Community Services. Although there was significant interest in the document, this interest was related to a perception,that there may be a facility design aspect to this proposal. This was not the 1227 1 COD-010-05 P"s 4 t case, however, and as a result only three responses WsM recehaW clarification, there are only a few firms in the consulting field that specialize in facility studies. It is therefore recommended-that the proposal received from Monteith Bowan Planning Consultants to provide the Recreation Facility Study for the Village of Newcastle, be accepted. Due to the urgent nature of this project, forthwith approval is recluestao.4o ensure that the final report and presentation is completed by the end of June, 2003: Provided this project commences on March 8, 2005, the lion date of Jw" 27, 2005 is achievable. ■ CORPORATOWOF THE MUNUNPALITY 9F CL�TON 40 TEMPERANCE STREET,SOWMANVILLE,' TARIO UC 3A6 T(905)623.3374+ (g05)623-6§06 1228 1 Leading#be W�C r J REPORT CORPORATE SERVICES DEPARTMENT 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday, March 7, 2005 Report#: COD-011-05 File# By4aw# Subject: FIRE STATION #4, 3289 TRULLS ROAD,COURTICE Recommendations: It is respectfully recommended that the General Purpose and AdmmintsbvIlion Corntrittee recommend to Council the following: L THAT Report COD-D11-05 be received; 2. THAT the property and building located at Firestation#4, 3289 Truft Road, Courtice, Ontario be declared surplus; ' 3. THAT staff be authorized to obtain a property appraisal for the subject property; and 44i 4. THAT staff enter into negotiations with the regional Municipality of Durham for sale of the 4 subject property, FORTHWITH. Submitted by: x 4--3 — Reviewed ' " e arano, H.B.Sc., C.M.O. Frar"n Wu, Director of Corporate Services Chief Adrrtrative Officer A - - ' cord Weir Director of Emergency& Fire Services MMUABUd 1229 COD-011-05 PAGE 2 BACKGROUND AND COMUFAT - The completion of the now Courtice Fire Station is scheduled for ap a#at*,#*and of Consequently the exLs*v station vm become surplus to the municipelityaneeds. The Emergency Measures Services for the Region of Durham have exoreaW an to purchase the existing Station 4 and lands. In accordance with the Municipal Act, once the property has bean surplus. the Municipality may first otter it for sate to another level of goverrtrger>t wMFtOUt'going to Public tender. As the Region of Durham anticipates ft" their 2t105 budges ird ttj*4rtd of Maria, a forthwith approval is quested to obtain a prt cappramal and to f of the sale. Should a satiskmtory agreement bo'-aached, a further report the sale will be brought forward to Council r : t `P(WA'fM 6r'T!W MuWIWPALiTY #VM . 40 TEMPERANCE STREET,SOWM NVILLF,ONTAMO L1C 3AA TWS)623-Wn F fog ' 1230 Leadixg tht Wa REPORT CORPORATE SERVICES DEPARTMENT ' Meeting: GENERAL PURPOSE AND AoWNtSTRATiON CQlwIMITTEE Date: March 07, 2005 Raophdion #: Report#: COD-012-05 File Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT Recommendations: It is respectfully recommended that the Gentwo Purpose and Administer CommWee recommend to Council the following: 1. THAT Report COD-012-05 be record br nformation; 2. THAT in accordance with the Public§f Salary Disclosure Act the appropriate Ministry be notified, which employees, if aiTf;were paid a salary of$100,000: or more(as defined in the Act), for the year 2 004. 4 ' Submitted by Reviewed b 4arie Marano Franklin Wu Director of Corporate Services Chief Admative Officer MM'ca 1231 REPORT NO.: COD-012-05 PAGE a BACKGROUND AW00111AMENT 1. On January 29, 9996, the Onte&tegislaturepessedtive, Disclosure Act. Tills Act reqlires-111le #o disclose' t#1e nom, positions, salaries andlftxWe banoft of {mod 000,M or more a year. 2. M 2004, empioyaes paid a salary, d ftletf rct ft PubGe Setdoe y j Disclosure Act,.1996,of$1©0'00?©or more by the of ' ' were as follows: Name POSITION TITLE SA} Y - VAX 1TENE1ITS Wu,Franklin CHIEF ADMINISTWATIVE OFFICER i 10VA6 Marano,Marie DIR OF CORP<i;RATE?'WRVIC9S, 1S8CU 471:35 Camana,Joseph P DIR OF COMMUNITY SERVICES 12070M, 832.70 Crome,David 1 DIR OF PLANNING 809.68 Taylor,Naacy M. DIRECTOR OF FINANCE 11823"1 899.68 Creighton,Michael G DIRECTOR OF EMEROENCY SIWVICE 113237k f1+1 8 K I I Barney,Mark A. TRAININO/71CH.SUPPORT OFFICER 111473 1`7 0 528.79 Cannella,Anthony S DIRECTOR OF ENOWEERFNG 147Z4N, p 749.03 Horvath,Frederick DIRECTOR OFOPERATIONS I 2191 R`% 707.09 includes;sick le "pay out 3. It is important to note that the tbaslo pay is the gross salary baibre deductions for tax, C.P.P., El, etc 4. The Municipality is requited to sub aitthis Information to ` of Murr teal Affairs and Housing and to include information in the MuNkVWs ann financial statements. 5. The Ministry of Finance will prepara;for Public release on Apt91a;0 compendium of records of all employees in Ste Province whom saledft,,we disclosed. CORP ItTION OF'THE 8181tI iBri14Jr"W` Tl3AI 40 TEMPERANCE STREET'BOMWANVILLE, AMGLTC ( 1232 Leafts sbvtgtoju RE Meeting: GENERAL PURPOSE AND IA TI CCJ�ifl�� Data: Morsh 7.2005 r .. Report/: dOD-Ci 4b File f ;, w. 8t"^ ..+�;. ,► bjeet: Request for Proposal RFR •K�atument Recommendations, it is respecter rscotmwxled Vw Me Geranri fs dW9n a tratipn Comilles ncwmwW to Lomeli Me foinp 1. THAT RepodC40018-06 be rec lved. 2. THAT the poopMof received mom tKiNi , Inc., e most toopmfve bidder W""an femw 11peC a W. i0r.. t RFP2004-14 be smrded the con"d for 1 vt i Doo d fw the Clerks d"Munenl at an eitinWted reYiieEl 8. TMT'#*funds for#*amwod of s61,4e0 ql I ;trelhan ed t itla Raaft snd be drawn from Ilypttrn d!,},tih #" '1K16- 7401: T MffHti Sabmftd H6.Sc, C.M.O F. DWedw Co Se �rrrWp. dCi.421e�', ` tZ L r. .^ ACKGROUND AND COMMENT A request for proposal ww prblicl ad `irld sued atilt l>xl t0 fifteen funs. Afthot;h thpee *0 :ice d+e RfP dcurnatt�t1�s . wo related to a perception o(vAmd the MwlwpWi "*okift for. Once ilia sp1[+ is tree examined many comp hies were not ebb to filial as especta of" .. in only three ccmparties [he to of itiubntill PQ Ey s Y x E WON Office$olutiont Mississoupa,ON Danko ' Brampton ON GRIT Ei vasissaupe, Rep[esertalttlas imm � _ and scored each pnmpaf dtiIi:' A Previous 15operientcle , ➢ Ftnantt ®t Protaert > Comp r1siithS ci(ka1 ►fa a � D 7nairtint�{ Y t)lrersN F of ASoe Ems of-UM V pry_ 4 > ExperWwwof Key Personnel Price ➢ qty of Product- As-per the request for proposal doh! OW� rtti be bests of If the written proposal artd a poduct detbon$—b- 1. Upon compiedon of the document WAN �t t' a vw~ilia�.ti�±tls' Office Solutions, [Danko sued WT Were MO M001140- dernonstratiop. - ;� aT h r4 r, The scares were than compiled with the pro O i 001 fees Suctions,b1c MODWirtii the highest scone. IKON Office Solutions' propaaatin#, s the foNOwing sepv as: Customer service technician si o uncply ws 1�� de�sip► 4a an in-depth underctandinSof too ,,aWs requinane�is. > Service and Support before Bard afiafion D Trash of L%M i -Experience with similar erWusi ii a Staff was b xesswd with the product 14 of the repns eft000 rs; ;the "WIMre demonstrallone and its ability to handle the �ii � requiremerlft. IISfN�f.las olertad similar instWiptions of the proposed software r + of ftire&*.tit of toogens Faft ad the County d Essex. The original bid from WON Office Soktions 6WbI&revised from$3111A g-0 W364,400-00. This new reprised amount Includes the cost ci tea, Wobfink adUVOWWOssaociftcl user licenses for ft-component along with a MARL Funds for -profit have been set asidsl f,dte Past sever*Vpsm JA the Mainnarttae nerve. The Direcloir of Finance has reviewed #i saqu remeret WW oal M vM the recommenooLiDn. Ouerina with respect to 1110 rtt needs, Spocificsom, etc. cart be directed to 00 Municipal Ckrk: It is therefore- recommended that the prep ".41boaved from W40N Soktticstsl lncorporctad to provide the Municipally- * erFW* for ow 000WAsatt im11000 requeemsnts,be opted. i + a s a YP t urraf 4 Meeting: GENERA. PURPOSE MO I T AT1 WON Data: March 7 2005 Report M CO"14-06 SullOct, EAEt1.Y TENDER CALLIi, .� . Roc+arnm4eWstions: #is reaper reed det the 430001�, w- AW AdrttkliNan CAvoifto recwwwn taa Cann*the f #owlW 1. THAT Repoli COD-014-M be mcelwojl� ,: 2. T"AT std be too tec�dsrti it��pf Buow apprc%w for ttre mQ thnr rttt thir oK1, &ubmiMed by ; Mrrarw.H:B;t3c, CM Wu, ■ of ■ r ■ - 1 . or Owed" yy�MR lMCKGMUW AsW R/ " i6 2005 Carritel . udWis���, to the apprcad ft Spring oonstrtclion .these' a taattta ospifaFtatt uir a i'tt require pre•Qudget approval to atbw*40ft-,b"os Owaa toon�es- } Pre-budget approval is tiarelOre toWA MO Pending Cound approval Rua an o" eii die ras iclomedt b t. wAn On tenders will be adver In MwdL A 4 spotl0dt sward will be presenled toraptmmiltt+ s T mill I n� Gravel Mw total 2005 budget aft"lleft for Sup*. tied, �r "trTaMM!ai . is the same as in 2004,wMa the 1005 bm"afteds 1brilurieoe T eatl�lrnt PuMerMng►epreseMS a-1216 decrease. Btydt " ara pmt of t!w'optt,, y �"` ixwmal annual operating fr4ftn. uu- 1 1 e 1 Lan Wa1 REPORT FINANCE DEPARTMENT 1 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY MARCH 7, 2005 Resolution #: 1 Report#: FND-003-05 File #: By-law#: 1 Subject: MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2004 1 1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee 1 recommend to Council the following: ' 9. THAT Report FND-003-05 be received for information. 1 1 Submitted by: Reviewed by: Nancy Ta B.B ., C ., Franklin Wu, 1 Director of Finance. Chief Administrative Officer. NT/RB/hjl 1 1 1 1301 REPORT NO.: FND-003-05 PAGE 2 t BACKGROUND ' Appended hereto, please find schedule detailing the compensation paid to each Member of Council during 2004 as required by the Municipal Act,S.O. 2001, c.25, Section 283. Also attached is a schedule , detailing compensation paid to Clarington's representatives on the Veridian Board of Directors. As per Resolution #GPA-455-95, passed by Council on July 17, 1995, attached is the Regional ' Municipality of Durham Report#2005-F-14 detailing the remuneration and expenses of the Members of ' Council and Regional Council appointees to local boards. Attachments: ' Attachment#1—Remuneration & Expenses for Mayor& Councillors—January 1 to December 31, 2004 ' Attachment#2-Remuneration & Expenses for Members of Veridian Corporation-January 1 to December 31, 2004 Attachment#3 —2005-F-14 Regional Report P 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON , 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 l 1302 E 6 MAYOR& COUNCILLORS. REMUNERATION & EXPENSES January 1,2004 to December 31,2004 Name Basic Pay Ex snse 6MER8 Gro Pa ss Kilometres Conferences Other To I Allowance E uivalent (Note 1 Note 2 Mayor J. Mutton Councillor A. Foster $42 537.77 21 288.89 $1,804.51 $65 411.17 $8,271.48 $5.5 .37 $2.197.71 $81 404.73 Councillor D. MacArthur 17 015.33 17,015.33 8.507.67 8 507,87 1.81 26 64.81 2,780.8 931: 5 0.95 2302! 47.90 Coun inor P. Pi le 17 015.33 8,507.67 641.81 641.81 26 164.81 26 164.81 2,832.31 931.25 136.09 064.46 CoundNOr G. Robinson 17.016.33 8.607.61 641.81 281 2,462.44 2,462.44 931.25 293.46 29 851.96 Councillor J. Schell" 17 015.33 850767 841:81 .81 26 164.81 2 462: 46.73 225.75 28 6 3. 8 Councillor C. Trim••+ 17,015.33 8,507.67 641.81 26,184.81 3739.70 2 471.25 601.92 28 853.00 32 977.68 Total $144 829.75 $72,314.91 $5 455.37 $222,400.03 $25 011.70 $11,061.85 $3�300.131 $261,773.71 '•Regional Councillor +Deputy Mayor Notes; Conferences Other Expenses Include payment made by the Municipality for registration fee and/or accommodation, as well as direct reimbursement of expenses. Includes parking, meals, airfare and miscellaneous charges. excludes G.S.T. M I C� H t a REMUNERATION & EXPENSES OF CLARINGTON DIRECTORS OF VERIDIAN CORPORATION January 1,2004 to December 31,2004 Name Salary Kilometres Conferences Other Total Note 1 Note 2 J. Mutton $9,925.00 - $9,925.00 J. Schell 9,012.00 300.30 9,312.30 W. Edmondson 9,012.00 416.90 161.00 153.82 974372 Total I $27 949.00 $717.20 $161.00 1 $153.82 $28,981.02 Notes: Conferences Other Expenses Include payme made by Veridian for registration fee and/or accommodation, as well as direct reimbursement of expenses. Includes parking, meals, airfare and miscellaneous charges. excludes G.S.T. cM O rf The Regional Municipality of Durham Attachment#3 Report to: The Finance and Administration Committee From: R.J. Clapp, Commissioner of Finance Report No.: 2005-F-14 Date: February 23, 2005 ' SUBJECT: The Remuneration and Expenses in 2004 of Members of Regional Council and ' Regional Council Appointees to Local Boards, as Required by Section 284(1) of the Municipal Act, 2001, S.O. 2001, c25 ' RECOMMENDATION: ' The Finance and Administration Committee recommend that this report be submitted to Regional Council for information. ' REPORT: ' As required by Section 284 (1) of the Municipal Act, 2001, t have prepared a statement of the remuneration and expenses that were paid in 2004 to Regional Councillors and Regional Council Appointees. (See attached Schedules 1 to 3 respectively). The information concerning Regional Council appointees was obtained directly from the Local Boards, with the exception of the Durham Region Police Services Board. 9-1-1 ' Management Board, Durham Regional Local Housing Corporation and the Land Division Committee, whose accounting records are maintained by the Regional Finance Department. R.J. Clapp, CA Commissioner of Finance Attach. ' dk\200&9port \Ftwnuneraeon2W4 - .1303 SCHEDULE REGIONAL COUNCIL MEMBERS ' 2004 REMUNERATION AND EXPENSES CONFERENCES, , REGIONAL COUNCIL - CONVENTIONS MEMBERS REMUNERATION SEVERANCE MILEAGE - &MEETINGS TOTAL ' $ S S S S Brenner,M. 39,543.46 - 527.57 1,635.19 41,706.22 ' Brunelle,M.(5) 45,522.68 - 31.19 1,193.29 46,747.16 Carruthers,K. 9,373.96 - 84.50 - 9,458.45 Clarke.C. 39,543.46 - 2.446.44 41,989.90 Crawford.S. 39.543.46 - 1,055.94 40,609.40 '. Cuban,A- 39,543.46 - 223.99 1,510.94 41,278.39 Drum.J. 31,576.45 - - - 2.586.74 34,163.19 Emm,G. 39.543.46 - - 3,888.59 43,212.05 t Gray.J. 39,543.46 _ _ - 39.543.46 Holland,M. 21,152.50 13,71 11.86 250.19 - - 35,121.55 Johnson,R. 39,543.46 - 710.08 1,155.07 .41,408.61 Jordan,C. 31,576.45 - - 311.72 1,644.56. - 33,532.75 , Kolodbe,J. 31,576.45 - - 67.74 31,644.19 Lutczyk,R. 39,543.46 - 231.36 - 39,774.82 McLean,W. 14,559.51 - 1,702.80 16,252.31 . , McMillan.J. 27,586.44 945.18 1,321.73 29.853.35 Mutton.J.(5) 45,522.68 - 693.63 - 46,21&31 Neal,J. - 31,576.45 - 537.58 - 32,114.03 Nicholson,B. 31,576.45 - 224.52 - 31,800.97 ' O'Connor.G.(5) 45.522.68 - 988.86 2.359.22 48,870.76 O'Connor,L. 39,543.46 - 2,777.40 1,423.59 4,1744.45 Parish,S. 31,576.45 - 129.53 4,225.36 _ 35,931.34 - - ' Pearoe,M. 31,576.45 W&87 3,776.57 35,161.89 Perkins,P.(5) 45,522.68 287.91 679.96 46.49D.57 Pidwerbecki,N. 39.543.46 - 1,171.57 40,715.03 Ryan,D. - 31,576.45 - 583.01 1,572.73 33,7 .19 ' Scholl,J. 39.543.46 - 691.51 1,216.42 41,41.39 Seb,S. 31,576.45 1,123.98 1,499.55 34,196.98 Shier,K. 31,576.45 - 1,989.04 - 3,876.78 37,442.27 '. Trim,C. 39,543.46 925.92 97.85 40.567.23 1,045.049.15 13,71&86 15,077.54 41,898.67 1,115.744.22 1306 ' SCHEDULER - ' .. (rxintirtued) REGIONAL COUNCIL MEMBERS ' 2004 REMUNERATION AND EXPENSES ' 2004 PAYMENTS TO CONFERENCES, FORMER REGIONAL CONVENTIONS, COUNCIL MEMBERS REMUNERATION SEVERANCE MLLEAGE 8 MEETINGS TOTAL S $ S S S Aker,C. 13.63200 13,6320O Ardiurs,W. 33264.00 - - 33,264.00 Claylon,T. - 13,632.00 - 13,632.00 ' Diemorld,N. - 27,264.00 - - 27,264.00 Moffett.D. 16.63200 16.632OD 104.424.00 - 104,424.00 CONFERENCES. ' CONVENTIONS. REGIONAL CHAR REMUNERATION SEVERANCE MLLEAGE 6 MEETINGS TOTAL. $ S $ S S ' Anderson.R. 111,523.69 4,139.57 20,342.42 136,005.66. ' NOTES TO SCHEDULE OF REGIONAL COUNCLL MEMBERS 2004 REMUNERATION AND EXPENSES (1) Remuneration to the Regional Chair and Councillors is au0 cuuted by by-laws 006.2004,X09.2004, 010-2004.050.95.061.93,and 0142.92. ' (2) The Regional Chair is provided with an automobile and is reimbursed for actual expenses incurred. (3) Regional Councillors are rsimbursed as follows: Mileage-based on a rate per kilometre. Conferences.Meetings.etc.-a rate of$60/day for meals,etc.without receipts:however,if the daily rate is insufficient,actual expenses with receipts we reimWv8ed. Accommodation.registration.etc.-reifMltlaed based an actual receipts. (4) Expenses relating to Regional Council Skxfy Sessions are not included in this statement. (5) Denotes regional Committee Chair. 1 1307 SCHEDULE 2 REGIONAL COUNCIL MEMBERS ' 2004 COMPENSATION PAID IN LIEU OF PENSION PLAN ' REGIONAL COUNCIL IN LIEU OF PENSION MEMBERS s Aker.C. 1.253.08 , Boychyn.R. 984.43 Bremer,M. 1,388.66 ' Bronelle.M. 1,391.66 CamlBlers.K 1,929.10 Clarke.C. 1,386.66 CWyM.T. 2.562.40 ' Crawford,S. 1,36&88 Cullen,A 113.60 Diarrlorld,N. 1,253.06 Onlnan,J. 1,391.66 ' ` Emm.G. 1.366.66 Gray.J. 1.368.66 Holland.M. 2.853:98 ' Johnson.R 1.644.62 Jordan,C. 113.60 Koladve,J. 561.80 LUNxyk,R. 113.60 ' Mattel.D. 1,531.02 Muhan.J. 1,391.66 . Nicholson,B. 113.80 O'Connor.G. 1,391.66 ' O'Connor.L. 1,644.62 Parish.S. 1.366.65 Pearce,M. 113.60 Perkins.P. 1.391.66 ' Pidwerbeeki.N. 1,366.66 Ryan,D. 113.60 Schea,J. 1,366.66 Sam,S. 1.366.66 ' Shier,K. 113.60 Trim,C. 1,366.66 Young.W. 1253.06 38.891.05 ' REGIONAL CHAIR IN LIEU OF PENSION S Anderson.R. 13.848.05 ' NOTES TO SCNEGLn E OF REGKINAL"CIL MEMBERS 20M COMPENSATION PAM] IN LIEU OF PENSION PLAN 1) PwumM to bylaw 008.2004.membem of RgpwW Ca NaL induft the Chair are enlaled to arrpwaslion in Neu d a pwmian pan. 2) Paynwd ie mad.wan direction reco"d from do Cowhal nwmbw,and may repessm wynm a for mobs dwff - -am yw of pit oer4m. 1308 SCHEOULE 3 ' REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2004 REMUNERATION AND EXPENSES ' CONFERENCES, REGIONAL COUNCIL CONVENTIONS, APPOINTEES REMUNERATION MILEAGE S MEETINGS TOTAL $ $ s $ Central Lake Ontario Conservation Authority Brenner,M. 450.00 233.28 683.28 Clarke,C. 350.00 350.00 Crawford,S. 400.00 97.92 497.92 ' Drumm,J. 450.00 64.80 514.80 Emm,G. 500.00 144.00 644.00 Gray.J. 500.00 500.00 Johnson.R. 50.00 21.60 71.160 ' Kolodzie.J. 300.00 300.00 Neal.J. 550.00 550.00 Pearce.M. - 450.00 181.44 631.44 Perkins.P. 550.00 110.88 650.88 ' Pingle.P. 500.00 180.00 680.00 Schell.J. 3.000.00 158.40 .3.158.40 7,1 ' Ganaraska Region _ Conservation Authority _ ' Mutton,J. 1.920.00 476.00 _ 2.396.00 Trim,C. 320.00 224.00 544.00 2,240.00 700.00 ' Kawartha Region Conservation Authority Carruthers.K. 100.00 37.00 137.00 Hodgson.L. 500.00 411.81 - 911.81 MacArthur,D. 450.00 432.90 882.90 Marlyn.B. 300.00 30000 O'Con ior.L. 600.00 284.53 884.53 ' 1.950.00 1,166.24 1 . 4 Lake Simcoe Regan ' Conservation Authority - Corrigan,L. 123.40 60.00 183.40 Drew,B. - 617.00 307.80 - - 924.80 Lodwick,H. 185.10 108.00 293.10 Self,S. 987.20 307.80 1,295.00 Shier,K. 617.00 280.50 897.50 2.529.70 l.DS4.10 ' Toronto a Region Conservation Authority Jordan,C. 1,064.00 526.40 1,590.40 McMaster,J. 76.00- 40.00 116.00 O'Connor,G. 1.216.00 1,136.00 2,352.00 Ryan,D. 1,444.00 282.40 1,726.40 1, 8 1309 • - SCHEDULE 3 (continued) REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS N 2004 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS, APPOINTEES REMUNERATION MILEAGE -6 MEETINGS TOTAL $ $ $ S Durham Haliburton Kawarths S , Pine Ridge District Health Council Neal,J. 483.39 236.69 720.08 Jordan,C. ' 483.39 2315.69 Durham Region Hon-Pro9t Housing Corporation Anderson.R - - '/ Arthur.W. - - - Brenner. M. 6,000.00 3.562.01 9,562.01 Brunette,M. - - , Mutton,J. - - OrConnor.G. O'Connor,L. 2,678.17 2,878.17 Pencins.P. 6.24018 1 , Land Division Committee , Collins.J. 1,500.00 762.70 - 2.262.70 Evans,L. 2,250.00 766.81 50.58 3.067.39 Fisher.L. 50.94 - 50.94 , Graham, H. 2,940.00 520.33 72.79 3,533.12 Hedge,M. 2,250.00 211.45 39.02 2.500.47 Hurst,J. 2,100.00 2,100.00 Komamicki,J.M. 1,950.00 620.94 64.18 2.635.12 Sullivan,D. 3,485:00 251.18 21.02 3.757.20 Sutton,R. 2,100.00 514.07 80.79 2,694.86 1 . Durham Region Police Services Board Anderson,R. 5.979.41 - - 5,979.41 Ashe,K. 1,750.00 1,750.00 Drumm,J. 5,979.41 - - 5,979.41 .' Holland.M. 3,219.58 440.69 3.660.27 Moffatt,D. 12,750.00 1,333.67 3,885.89 17,969.56 Ryan,D. 1,793.84 1,793.84 31.472.24 1,774.36 .1 NOTE TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS: No remuneration or expenses were paid to Regional Council appointees to the 9-1-1 Management Board, _ the Greater Toronto Marketing Alliance,the Lynda Marsh Alliance,Rouge Park Alliance, the Greater Toronto Transit Authority,the Durham Regional Local Housing Corporation,or the Business Advisory Centre Durham. 1310 Cl1I1n MEMO Leading tke Way�✓ CLERK'S DEPARTMENT To: Mayor Mutton & Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 2, 2005 Subject: HEALTHCARE FUNDING Attached is a resolution regarding the above matter that Mayor Mutton will be introducing during the "Other Business" section of the General Purpose and Administration Committee meeting on March 7, 2005. He requests your support in this matter. Patti L. Barrie, Municipal Clerk c.c. — Frank Wu, Chief Administrative Officer Department Heads PLB`ct Attachment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE RESOLUTION # DATE MARCH 7. 2005 MOVED BYI SECONDED BY X WHEREAS healthcare funding in Durham is $775 less per person than for that of the average Ontarian; and WHEREAS this gap will continue to spread as Durham receives less than our fair share of new healthcare funding to care for our growing and aging population; and WHEREAS rural and multi-site hospitals across Ontario serve over 3 million residents and incur proven, unavoidable and additional operating and capital costs; and WHEREAS the funding formula unfairly compares and penalizes multi-site hospitals, like Lakeridge Health with four hospitals and twenty-one (21) satellites, to those operating under a single roof; and WHEREAS for the government's hospital funding approach under-funded Lakeridge Health by $42 million over the past three (3) years -jeopardizing and rationing the care of Durham patients by our dedicated nurses, physicians and support staff; and WHEREAS even while incurring higher operating costs being a multi-site and rural hospital, Lakeridge Health costs are still 30% ($1,400 per case) less than the downtown Toronto Hospitals ($3,400 vs. $4,800); and WHEREAS the residents of Durham are contributing $109 million, far more to Queen's Park from the new health tax, than they are receiving in new hospital funding (less than $6 million); and WHEREAS Durham Region is one of Ontario's highest need jurisdictions in terms of additional physicians, which places additional burdens on hospitals and other healthcare services. 1 THEREFORE BE IT RESOLVED: THAT the Municipality of Clarington call on the Government of Ontario and the Minister of Health and Long-term Care to immediately implement the recommendation of the Joint Policy and Planning Committee (Ministry of Health and Ontario Hospital Association) to establish a permanent solution for additional funding for rural and multi- site hospitals; and FURTHER THAT the Joint Policy and Planning Committee be tasked with the review of the link between physician shortages and additional healthcare (hospital and community) costs and make recommendations on a funding formula adjustment; and FURTHER THAT additional funding be provided to rural and multi-site hospitals that are in financial distress due to the successive and yearly penalties imposed by the unfair funding formula; and FURTHER THAT the patients, healthcare staff, nurses and physicians of Durham receive their fair share of healthcare funding by providing Hospitals and community- based healthcare services (like the Community Care Access Centres) with additional funding sufficient to serve our growing and aging population.