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Home My WebLink About11/14/2005 Cl&:i1Jgton GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: NOVEMBER 14, 2005 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL.. 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of October 17, 2005 301 4. (a) PRESENTATIONS No Presentations (b) DELEGATION (i) Frank Lockhart - Valleys 2000 Annual Report 5. PUBLIC MEETING (a) Application to Amend the Zoning By-Law 84-63 501 Applicant: 2075568 Ontario Inc. and Middle Road Developments Report: PSD-129-05 6. PLANNING SERVICES DEPARTMENT (a) PSD-129-05 - Rezoning And Amendment to Draft Approved Plan 601 of Subdivision 18T-88051 to Permit the Development of 13 Residential Units Applicant: 2075568 Ontario Inc. & Middle Road Developments (b) PSD-130-05 - Monitoring of the Decisions of the Committee of 610 Adjustment for the Meetings of October 20, 2005 And November 3, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 - November 14, 2005 (c) PSD-131-05 - Application for Removal of Holding 621 Applicant: Maple Woods Land Corporation (d) PSD-132-05 - Amending the Fees for Minor Variance Applications 627 (e) PSD-133-05 - Confidential Report - Property Matter 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-037-05 - Confidential Report - Property Matter (b) EGD-041-05 - Appointment of a Building Inspector 701 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-013-05 - Monthly Response Report - September, 2005 901 (b) ESD-014-05 - Monthly Response Report - October, 2005 904 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-042-05 - Animal Services Quarterly Report - July to September, 2005 1101 12. CORPORATE SERVICES DEPARTMENT (a) COD-055-05 - Confidential Report - Personnel Matter (b) COD-056-05 - Bill 206; An Act to Revise the Ontario Municipal 1201 Retirement System Act Tender CL2005-7 (c) COD-057-05 - Co-operative Tender T257-2005, Gasoline and 1206 Diesel Fuel (d) COD-058-05 - Confidential Report - Personnel Matter G.P. & A. Agenda - 3 - November 14, 2005 (e) COD-059-05 - Tender CL2005-20, Guide Rail Installation 1209 (f) COD-060-05 - Confidential Report - Personnel Matter 13. FINANCE DEPARTMENT (a) FND-017-05 - List of Applications for Cancellation, Reduction, 1301 Apportionments or Refunds of Taxes (b) FND-018-05 - Cash Activity - Third Quarter 1308 14. CHIEF ADi,;;,...ISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT General Purpose and Administration Committee Minutes October 17, 2005 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 17,2005 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Absent: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor G. Robinson Councillor J. Schell Councillor C. Trim Councillor P. Pingle Chief Administrative Officer, F. Wu Deputy Fire Chief, Emergency Services, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, A. Greentree Administrative Assistant to the Clerk, H. Keyzers (attended until 10:29 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-391-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on October 3, 2005, be approved. CARRIED - 1 - General Purpose and Administration Committee Minutes October 17, 2005 PRESENTATION Norma Kennedy, Christian Horizons, appeared before Committee advising that Christian Horizons is celebrating 40 years of services to children and adults with developmental disabilities. The anniversary event will include a fund raising dinner that will provide for children with disabilities both in Ontario and internationally to attend summer camp in their respective communities. Ms. Kennedy is requesting municipal support of this event and permission to use the Municipality's logo in conjunction with their celebrations. DELEGATIONS Gail Rickard, Member of the Clarington Library Board appeared before Committee regarding the proposed Newcastle Library Branch. Ms. Rickard is requesting that the recommendations contained in the "Newcastle Village Community Library Needs Assessment Study - Final Report September, 2005" be endorsed in principle and she is requesting that the Memorial Park site be the Clarington Public Library Board's preferred site for a new Newcastle Branch Library. PUBLIC MEETING (a) Proposed Taxi By-law Report: CLD-040-05 No one spoke in opposition to or in support of the proposed by-law. (b) Proposed Peddlers By-law Report: CLD-041-05 No one spoke in opposition to or in support of the proposed by-law. Councillor Schell chaired this portion of the meeting. (c) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 Shell Canada Products Limited PSD-122-05 Bruce Howarth, Junior Planner, gave a verbal report pertaining to Report PSD-122-05. Barb Buttonshaw circulated a petition in opposition to Report PSD-122-05. She noted that this area has always been residential, with the exception of the gas station itself, and that there is no need for further commercial development. Ms. Buttonshaw expressed concern that the property values for the area residents will go down. Area residents are also opposed to the proposed 24-hours of operation. - 2 - General Purpose and Administration Committee Minutes October 17, 2005 Robert Dragicevic, Walker Nott Dragicevic Associates Limited, spoke on behalf of Shell Canada. He noted that the presentation from Mr. Howarth covered his client's proposal. Shell Canada has had a long standing interest in this site and this application would result in significant improvements including landscaping and controlled access to the facility. Mr. Dragicevic noted that the 24-hour operation identified in Report PSD-122-05 is allowable within the municipality's by-laws. Access to the facility will occur from Liberty Street only and the proposed fuel tanks are the latest design in environmental standards. The garage area will be located in the northwest corner and will be totally enclosed. He advised that the kiosk is a relatively small building that will only serve Shell Canacja's gas patrons. , , Joe Cavello was present to answer questions of the Committee. (d) Subject: Applicant: Report: ADDlication to Amend the Zoning By-law 84-63 U!slie D. Chatham PSD-123-05 Bruce Howarth, Junior Planner, gave a verbal report pertaining to Report PSD-123-05. No one spoke in opposition to or in support of this application. PLANNING SERVICES DEPARTMENT REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A MOTOR VEHICLES SERVICES STATION Resolution #GPA-392-05 Moved by Councillor Robinson, seconded by Mayor Mutton THAT Report PSD-122-05 be received; THAT the rezoning application submitted on behalf of Shell Canada Products be referred back to staff for further processing and preparation of a subsequent report; and THAT all interested parties listed in Report PSD-122-05 and any delegations be advised of Council's decision. CARRIED AS AMENDED LATER IN THE MEETING (SEE FOLLOWING AMENDING MOTION) - 3 - General Purpose and Administration Committee Minutes October 17, 2005 Resolution #GPA-393-05 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT staff examine the feasibility of hours of operation. CARRIED The foregoing Resolution #GPA-392-05 was then put to a vote and CARRIED AS AMENDED. REZONING TO PERMIT 2 SINGLE DETACHED DWELLINGS APPLlCAN:r: LESLIE CHATHAM Resolution #GPA-394-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-123-05 be received; THAT the rezoning application submitted by Leslie Chatham be referred back to staff for further processing and preparation of a subsequent report; and THAT all interested parties listed in Report PSD-123-05 and any delegations be advised of Council's decision. CARRIED VALLEYS 2000 ONGOING FUNDRAISING AND FINANCIAL SUPPORT Resolution #GPA-395-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report PSD-124-05 be received; THAT the $50,000 interest free loan to Valleys 2000 (Bowmanville) Inc. be deemed a grant; and THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. CARRIED - 4- General Purpose and Administration Committee Minutes October 17, 2005 APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PORT OF NEWCASTLE MARINA VILLAGE L TO. Resolution #GPA-396-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-125-05 be received; , THAT the application submitted by Port of Newcastle Marina Village Limited, to remove the Holding (H) symbol be approved and that the by-law attached to Report PSD-125-05 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and p" THAT all interested parties listed in Report PSD-125-05 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: TRULLS ROAD FREE METHODIST CHURCH Resolution #GPA-397-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report PSD-126-05 be received; THAT the application submitted by Barry-Bryan Associates (1991) Ltd. on behalf of Trulls Road Free Methodist Church, to remove the Holding (H) symbol be approved and that the by-law attached to Report PSD-126-05 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-126-05 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 22 AND OCTOBER 6, 2005 Resolution #GPA-398-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-127-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on October 6, 2005 for applications A2005/036, A2005-0040 and A2005-0041 ; and - 5 - General Purpose and Administration Committee Minutes October 17, 2005 THAT Council concurs with staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on September 22,2005 for A2005/037, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendations. CARRIED Councillor Macarthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY,REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2005. Resolution #GPA-399-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report EGD-036-05 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. EMERGENCY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT DURHAM LIVES! PHYSICAL ACTIVITIES - YOUTH FITNESS INITITATIVES Resolution #GPA-400-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CSD-013-05 be received; and THAT Council endorse participation in the Durham Lives! Youth Fitness Initiatives FORTHWITH. CARRIED .6. General Purpose and Administration Committee Minutes October 17, 2005 LAKERIDGE HEALTH OSHAWA CARDIOVASCULAR PREVENTION AND REHABILITATION PROGRAM Resolution #GPA-401-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report CSD-015-05 be received; THAT Council endors~ the Community Services Department role as a partner in the Lakeridge Health Oshawa Cardiovascular Prevention and Rehabilitation Program; and THAT the interested parties be informed of Council's decision. ~ CARmED Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT PROPOSED TAXI BY-LAW Resolution #GPA-402-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-040-05 be received; THAT, provided there are no significant issues raised at the public meeting, the by-law attached to Report CLD-040-05 be forwarded to Council; and, THAT all interested parties listed in Report CLD-040-05 and any delegations be advised of Council's decision. CARRIED PROPOSED PEDDLERS BY-LAW Resolution #GPA-403-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-041-05 be received; THAT, provided there are no significant issues raised at the public meeting, the by-law attached to Report CLD-041-05 be forwarded to Council; and, -7- General Purpose and Administration Committee Minutes October 17, 2005 THAT all interested parties listed in Report CLD-041-05 and any delegations be advised of Council's decision. CARRIED Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CONFIDENTIAL REPORT - PERSONNEL MATTER Resolution #GPA-404-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-054-05 be referred to the end of the agenda to be considered at a "closed" meeting. CARRIED FINANCE DEPARTMENT HANOI TRANSIT GRANT Resolution #GPA-405-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Report FND-015-05 be received; THAT Handi Transit Incorporated be provided with a supplementary operating grant of $10,000, to be financed from the Clarington Transit Reserve Fund; and THAT Handi Transit Incorporated be notified of Council's decision. CARRIED PROPERTY REASSESSMENT UPDATE Resolution #GPA-406-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Report FND-016-05 be received for information. CARRIED - 8 - General Purpose and Administration Committee Minutes October 17, 2005 CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT CORPORATE HEALTH AND SAFETY PROGRAM Resolution #GPA-407 -05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Annual Report of the Corporate Joint Health and Safety Committee Report ADM-OOS-OS be received for inform~tion. CARRIED UNFINISHED BUSINESS Resolution #GPA-408-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the presentation from Norma Kennedy, Christian Horizons be referred to the Manager of Communication and Marketing. CARRIED Resolution #GPA-409-05 Moved by Counicllor Schell, seconded by Councillor Robinson THAT the recommendations contained in the "Newcastle Village Community Library Needs Assessment Study - Final Report September, 2005" be endorsed in principle, including the recommended size, site criteria and the priority rankings of sites; and THAT the Memorial Park site be the Clarington Public Library Board's preferred site for a new Newcastle Branch Library. CARRIED - 9 - General Purpose and Administration Committee Minutes October 17, 2005 Resolution #GPA-410-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the schedule of the Council and General Purpose and Administration Committee meetings be amended by rescheduling the November 7,2005, General Purpose and Administration Committee meeting to be held on November 14, 2005, at 9:30 a.m. CARRIED Resolution #GPA-411-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Ontario Heritage Foundation be advised that the Council of the Corporation of the Municipality of Clarington nominates: · Robert Shatter for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the cultural heritage of the Municipality of Clarington; · Tenzin and Norman Gyaltsan for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the built heritage of the Municipality of Clarington; and · Irv and Kaye Harrell for recognition under the Heritage Community Recognition Program for their significant contribution to the preservation of the natural heritage of the Municipality of Clarington; and THAT Robert Shafer, Tenzin and Norman Gyaltsan, Irv and Kaye Harrell, and the Ontario Heritage Foundation be advised of Council's decision, FORTHWITH. CARRIED Resolution #GPA-412-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for 10 minutes and reconvene in "closed" session for consideration of Confidential Report COD-054-05 pertaining to a personnel matter. CARRIED The meeting resumed in "open" session at 11 :00 a.m. - 10 - General Purpose and Administration Committee Minutes October 17, 2005 RATIFY ACTIONS Resolution #GPA-413-05 Moved by Councillor Schell, seconded by Councillor Foster THAT the actions taken at the "closed" meeting be ratified. CARRIED ADJOURNMENT Resolution #GPA-414-05 .... Moved by Councillor Trim, seconded by Councillor Robinson THAT the meeting adjourn at 11 :03 a.m. CARRIED MAYOR DEPUTY CLERK - 11 - Clm:mglOn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: 2075568 Ontario Inc. and Middle Road Developments AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 AND TO AMEND DRAFT APPROVED PLANS OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a rezoning and amendment to draft approved plans of subdivision under Sections 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The applications propose to change the zoning and amend portions of Draft Approved Plan of Subdivisions 18T- 87086 and 18T -88051 from seventeen (17) single and semi-detached units to thirteen (13) single detached units with a minimum twelve (12) metre lot frontage. The subject property is located on the north-west corner of Longworth Avenue and Scugog Street in Part Lot 13, Concession 2, in the former Town of Bowmanville. (as shown on reverse). Planning File Nos.: ZBA2005-0044, 18T-87086 & 18T-88051 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, November 14, 2005 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, November 14, 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, November 9, 2005, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? I f you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 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, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Tracey Webster at (905) 623-3379 extension 326 or bye-mail attwebster@clarington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. t. he Municipality of Clarington this 12th day of October 2005. 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Dav II Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of. Clarington -- -- .~ ~-~;-(}.~€. - ~ , -----GoG _- lit Q ,_ 'ItYl=STi sC'U -- ~ ~ \ ~ 18T-87086 \\ ~ ~ ~ \ \- \ \ \ \ \ ~ 3U- PROPOSED ROAD -- ALLOWANCE CLOSURE TO BE CONVEYED TO 18T -88051 \ \ B,ill~ BLOCK 40 """"'- --- ) \ .$--\ ..# ~. 'i\\ .-j$-- ~\ '\ ~ ~\ -- '\ ~ ('; \ f1,--f\ \...--; \ \ {? ffl ". Bowmanville Key Map ZBA 2005-0044 ZONING BY-LAW AMENDMENT Owner: 2075568 Ontario Inc. and. 18T -88051 DRAFT PLAN OF SUBDIVISION Owner: 2075568 Ontario Inc. and 18T -87086 DRAFT PLAN OF SUBDIVISION EIT Owner: Middle Road Developments Inc. Cl~i!JglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 14, 2005 Report #: PSD-129-05 File #: ZBA2005/0044 and 18T-88051 By-law #: Subject: REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-88051 TO PERMIT THE DEVELOPMENT OF 13 RESIDENTIAL UNITS APPLICANTS: 2075568 ONTARIO INC. & MIDDLE ROAD DEVELOPMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-129-05 be received; 2. THAT the applications to amend Draft Approved Plan of Subdivision 18T-88051 and Zoning By-law 84-63, submitted by 2075568 Ontario Inc. and Middle Road Developments to permit the development of 13 residential units be referred back for further processing and the preparation of a subsequent report. 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ~ Submitted by: '~ DaYI'd . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY()~S7-'\.. Franklin Wu, Chief Administrative Officer TW*CP*DJC*sh*df 8 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-129-05 PAGE 2 1.0 APPLICATION 1.1 Applicants: 2075568 Ontario Inc. and Middle Road Developments 1.2 Agent: The Biglieri Group 1 .3 Amendment to Draft Approved Plan of Subdivision: From: Three (3) lots for six (6) semi-detached dwellings and 4 blocks for part lots. To: Re-align the boundary of the limits of the draft plan of subdivision to include a part of the Scugog Road road allowance and to allow eight (8) lots for single detached dwellings and seven (7) blocks for part lots. 1.4 Amendment to Zoning By-law: From: "Holding - Urban Residential Type One ((H)R1)" and "Holding- Urban Residential Exception ((H)R2-8) To: Permit the proposed amendment to the Draft Approved Plan of Subdivision. 1.5 Site Area: 1.07 hectares (2.64 acres) 2.0 LOCATION 2.1 The subject lands are located north of Longworth Avenue, west of Scugog Street and south of Mill Lane and West Scugog Lane (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. The site consists of portions of two subdivision plans (18T-88051 and 18T-87086). The lands within 18T-87086 are a triangular shaped parcel and have been registered as Block 99 of 40M-2225. The majority of the lands within 18T-88051 are located south of Longworth Avenue and have been registered in two phases. The lands subject to this application are located north of Longworth Avenue. (Attachment 2). 3.2 Surrounding Uses North - St. Stephens High School, vacant residential lots on West Scugog Lane, and existing residential dwellings on Mill Lane South - residential dwellings under construction REPORT NO.: PSD.129-05 PAGE 3 East - vacant medium density residential land with residential dwellings to the east West - vacant residential and open space lands 4.0 BACKGROUND 4.1 On September 8, 2005, Staff received: . applications to amend Zoning By-law 84-63; . ap\:>lications to amend both Draft Approved Plan of Subdivisions 18T- 87086 and 18T-88051; and . application to remove the holding symbol. The applicant~;;hed to revise the lands to permit the development of thirteen (13) single detached dwellings with a minimum of twelve (12) metre lot frontages rather than twelve (12) semi-detached dwellings and five (5) single detached dwellings. 4.2 Through a detailed review of the application to amend Draft Approved Plan of Subdivision 18T-87086, it was determined that the subject lands have already been registered as a Block within Plan 40M-2225. Lands within a registered plan can not be the subject of an amendment to draft approval. The applicant has advised that the application to amend the Draft Plan of Subdivision will be withdrawn and a Part Lot Control application will be submitted to divide the registered block to correspond with the proposed Blocks within 18T-88051. 4.3 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-88051 on September 11, 1990. It was subsequently amended on January 25, 1991, October 25, 1994 and December 17, 1998. The area subject to this application was approved for three (3) lots for six (6) semi-detached dwellings and four (4) blocks for part lots to be developed in conjunction with the lands in 187-87086 and a portion of the Scugog Road road allowance. 4.4 On September 26, 2005, Council adopted a by-law authorizing a portion of a road allowance (Scugog Road) to be closed and conveyed to the applicant. Once the portion of the road allowance has been conveyed the boundary of 18T -88051 is proposed to be realigned to include the closed road allowance. 5.0 PROVINCIAL POLICY STATEMENT 5.1 The applications are consistent with the Housing Policies contained in Section 1 .4 of the 2005 Provincial Policy Statement. Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated; and a three year supply of zoned and serviced lands within draft approved and registered plans. Land and unit supply is to be based on, and reflect population and unit allocations which are identified within the Municipality of Clarington Official Plan. New housing is to be directed to locations where infrastructure and public services are available. REPORT NO.: PSD-129-05 PAGE 4 6.0 OFFICIAL PLAN CONFORMITY 6.1 Durham Rea/on Official Plan The lands are designated Living Area within the Durham Region Official Plan. The predominant use of the lands within the Living Area designation shall be for housing purposes. The proposed uses conform to this plan. 6.2 Clarinaton Official Plan In the Clarington Official Plan, the subject lands are designated Urban Residential. The lands are within the Knox Neighbourhood, which has a population allocation of 5400 and a housing unit target of 1900. The Official Plan states that residential neighbourhoods shall be designed in accordance with seven criteria, including the provision of a grid street system and a high quality urban environment along arterial roads where reverse lotting and acoustical fencing is discouraged. The proposed uses generally conform to the plan. 7.0 ZONING BY-LAW 7.1 Within the Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding-Urban Residential Type One ((H)R1)" and "Holding-Urban Residential Exception ((H)R2-8)". A zoning by-law amendment will be required to implement the proposed draft plan amendment and impending part lot control application. ....... 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed on Scugog Street, Longworth Avenue and Mill Lane. 8.2 Staff received one general inquiry about the application from a resident who resides in the vicinity. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. Comments remain outstanding from the following departments and agencies: ~ Region of Durham ~ Canada Post ~ Bell Canada ~ Rogers Cable ~ Canada Mortgage and Housing Corporation REPORT NO.: PSD-129-05 PAGE 5 9.2 The Clarington Emergency and Fire Services Division, Veridian Connections, Enbridge Gas Distribution and the Central Lake Ontario Conservation Authority have no objections to the proposal. 9.3 The Clarington Engineering Services Division has indicated that the proposed amendment cannot be finalized until such time as the unopen portion of Scugog Road that is illustrated on the plan has been legally closed by by-law and has been conveyed into private ow~ership. 1 10.0 STAFF COMMENTS 10.1 -- Kelman Place and Vesna Court has been planned and approved as a cul-de-sacs. Given its limited infill nature, there is no opportunity to improve the connectivity as a more grid-like system. 10.2 The conditions of Draft Approval for 18T-88051 will not be amended until the road allowance has been closed and conveyed to the applicant of the subject lands. Until the land is conveyed, the Municipality of Clarington owns the road allowance. 10.3 In order for the Block registered within 18T-87086 to be divided to correspond with the Blocks within 18T-88051, a Part Lot Control application is required. Prior to the completion of the part lot control application, the applicant will be required to amend the subdivision agreement to ensure that the conditions of approval are transferred from the .......... previous owner. 10.4 Clarification of the Noise Study submitted in support of this application is required. The Noise Study recommends a 2.2 metre high acoustic fence for lots which back onto Scugog Street within 18T-87086 and for only two of the lots that back onto Longworth Avenue within 18T-88051. Both roads are designated as a Type 'C' Arterial roads. Staff question why the lots are not afforded the same level of noise protection on Longworth Avenue as that proposed on Scugog Street. 10.5 The Official Plan generally does not permit reverse lotting and acoustical fencing along arterial roads. Given the infill nature there is no opportunity to avoid the reverse lotting. The lots at the end and south side of Vesna Court back onto arterial roads which creates the need for an acoustic fence along the rear yards to mitigate the impact of noise generated from traffic. This will result in a minimum 2.0 metre high walled streetscape at a prominent intersection. The Official Plan requires a high quality urban environment and landscaping along arterial roads, which in this case must be in the context of an acoustical fence. The applicant is proposing to incorporate masonry pillars in the fence construction to help add visual interest and to break up the expansive fence. Staff are not satisfied with the proposals to date and will be exploring available options to encourage a more attractive streetscape (Attachment 3). This may require an additional landscape strip. -...... REPORT NO.: PSD-129-DS PAGE 6 11.0 CONCLUSIONS 11.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act, and to take into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Amendment to Draft Approved Plan Attachment 2 - Proposed Revision to Draft Approved Plan of Subdivision 18T -87087 Attachment 3 - Proposed Noise Fence List of interested parties to be advised of Council's decision: 2075568 Ontario Inc. Middle Road Developments Inc. The Biglieri Group Ltd. -...... -- -- Arracnment #1 to Report PSD-129-05 -~ ~=~~;,-~€. .... ~ -- -GOG - ,., Gl ~ST-:'&C\.l .... - - ~ "'" \ 0 f,:" - -- ~ ~ ~.:-\. \ G 18T-87086 \\ ~ ~ \ \- \ \ \ \ \ ~ "'- PROPOSED ROAD __ ALLOWANCE CLOSURE TO BE CONVEYED TO 18T -88051 \ \ BLOCK All ""- --- \ , ,j';'\ -\ ,~- " 4P~' \ ~ ,\.\ ->> {~\ t,,--:- \ \ ", \ Bowmanville Key Map ~ I ZBA 2005-0044 ZONING BY.LAW AMENDMENT Owner: 2075568 Ontario Inc. and J 18T -88051 DRAFT PLAN OF SUBDIVISION Owner: 2075568 Ontario Inc. and 8O'J'! 8I 18T -87086 DRAFT PLAN OF SUBDIVISION Owner: Middle Road Developments Inc. I: o - III _i l Ne " zi .. 2. 01 Ii ..Ill U. .... z' 1:0 U II I: \'" oi! 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PM"" fUJ"'JIMI tmw: IUI AMUIt m;: JlIlCI6:J....t.P -..:_mnc::JIIII1".aLantllI Df'"TlCl'LU.t a g SEE DETAIL L3 - #13 FOR FENCE \tCDJ rDC[: t'.lJIIM. UlG lalaQ I"Itt$. TllDllD 10 PIEIl 31 14 7ftIIII LAG an 10 It USED.. RD1JI 10 JETML H9. , FQA rea: lET"mING 1RECX TO DVDt tWG cr::taETE FtlJTICi JY I"" IRlC1CsmNrri)CDL.~ TD MIl lCH IUIIJXNi ~ Dn.fIns:l Tt~ MASONRY PILLAR \JITH V[](J]) F"ENCE: e=o 11 . ...............II......Il~.".V LU Report PSD-129-05 CI!JlmglOn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, November 14, 2005 Report #: PSD-130-05 File #: A2005-0040, A2005-0042, A2005-0043, A2005-0044, A2005-0045, A2005-0046 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 20, 2005 AND NOVEMBER 3, 2005 By-law #: Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-130-05 be received; 2. THAT Council concurs with the decision of the Committee of Adjustment made on October 20, 2005, and November 3, 2005 for applications A2005-0042, A2005-0043, A2005-0045 and A2005-0046; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; 3. THAT Council does not concur with the decision of the Committee of Adjustment made on November 3, 2005 for application A2005-0040 and that the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board, and staff be authorized to defend its original position; and 4. THAT Council does not concur with the decision of the Committee of Adjustment made on October 20, 2005 for application A2005-0044; that Council confirm it' support of the appeal to the Ontario Municipal Board launched by Staff; and that Council authorize Staff to defend its original position. Submitted by: Reviewed by: /)~~~ Franklin Wu, Chief Administrative Officer BMR*CP*DJC*sh*df 7 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-130-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR OCTOBER 20, 2005 and NOVEMBER 3, 2005 Application Number Staff Recommendation Decision of Committee A2005-0040 Approve with modifications Approve with modifications A2005-0042 Table Tabled A2005-0043 Approve with modifications Tabled A2005-0044 Approve with modifications Approved as applied for A2005-0045 Approve Approved with modifications A2005-0046 Table Tabled 2.0 COMMENTS 2.1 A2005-0040 was an application to permit the construction of a detached accessory structure by increasing the total lot coverage for accessory buildings from 40% to 68% of the main building. The applicant had proposed the construction of a 53.1 square metre detached accessory building in addition to an existing 54.4 square metre detached garage. This application was tabled on the October 6 Committee meeting after Staff's site visit, when it was discovered that the site had an existing 25 square metre deck, which was not previously included in the calculations for detached accessory buildings and structures. Staff did not consider this application to be minor in nature, but did feel a more moderate increase was appropriate. Staff recommended an increase in lot coverage for accessory buildings and structures from 40% of the main building to 60% of the main building to be appropriate as it provided space to store one additional vehicle, and provide room for a modest work shop. Both Staff and Committee were concerned that by approving the application, the accessory buildings could be redeveloped in the future to one larger building. To satisfy the concerns of Committee a motion was made to approve an increase in lot coverage for accessory buildings from 40% to 68% for the existing and proposed 53.1 square metre accessory building only. The Committee found this to be minor and desirable, and approved the application. Staff did not find the request to be minor, and felt that accessory buildings, with the proposed addition, would not be considered clearly secondary or incidental to the main REPORT NO.: PSD-130-05 PAGE 3 dwelling. Staff do not support the Committees decision and feel an appeal of the approval of additional floor area is appropriate as the application did not meet three of the four tests for a minor variance. The application was not minor, it is not desirable for the neighbourhood and does not meet the intent of the zoning by-law. 2.2 A2005-0042 was an application to permit the outside storage of vehicles and a non- agricultural related building on a vacant property located within the Agricultural (A) Zone. At the request of the applicant Committee tabled the application to the November 17th 2005 meeting. Several neighbours appeared in opposition to the application, but due to the ap~icant's request, and the absence of the applicant and owner at the meeting, the Committee tabled the application without discussion. The neighbour's appearing at the meeting were added to the interested parties list to receive notification and updates wi'''' regards to the application. . 2.3 A2005-0043 was an application to permit the construction of a deck and stairs by reducing the required rear yard setback from 6 metres to 3 metres and by increasing the total lot coverage from 40% to 48%. The grade of the subject property slopes downward from the front wall to the rear wall of the dwelling. The proposed deck extends from the rear wall of the main floor of the home at a height of approximately 2.1 metres above grade. A privacy fence approximately 1.8 metres in height was constructed along the rear property line. Staff was not in support of this application as the proposed deck significantly impacted the privacy of the adjacent property owners to the rear. Staff were prepared to support a reduction in the rear yard setback to 4.5 metres for a deck not more than 1 metre above grade. Following discussions with the applicant, Committee suggested that given Staffs recommendation, tabling the application might be in the best interest of the applicant to provide time to allow the applicant to reconfigure the deck to come more in conformity with the recommendations. The applicant agreed, and Committee tabled the application for not more than three months. 2.4 A2005-0044 was an application to permit the construction of a detached accessory structure by increasing the maximum lot coverage for all accessory buildings from 40% to 141% and by increasing the maximum height for a detached accessory building from 5 metres to 7.6 metres. The application included an existing 55.8 square metre detached garage, an existing 11.7 square metre pool deck, and an existing 139.4 square metre non-conforming farm building in which the use had changed to become an accessory building. The applicant was proposing a 40.6 square metre addition to the non-conforming farm building. The existing detached garage and farm building were constructed prior to a consent application which severed the structures from a farm lot to a hamlet residential lot which does not permit any agricultural uses. Staffs recommendation was to permit the increased height from 5 metres to 7.6 metres as the non-conforming barn is existing, and to permit the continued use of the detached garage, pool deck and barn as accessory buildings, with a total floor area of 118% of the main building. However Staff did not recommend approval the addition to the barn. REPORT NO.: PSD-130-05 PAGE 4 Staff did not find the request to be minor, and felt that accessory buildings, with the proposed addition, would not be considered clearly secondary or incidental to the main dwelling. The applicant informed the Committee that his elderly neighbour used the detached garage, and that he would prefer to keep all the structures, including the addition. Committee decided that the addition was minor, and approved the request for the lot coverage of detached accessory buildings to be 141% of the main dwelling's floor area. Given the already large size of the detached accessory buildings, Staff do not support the Committees decision and feel an appeal of the approval of additional floor area is appropriate as the application did not meet three of the four tests for a minor variance. The application was not minor, it is not desirable for the neighbourhood and does not meet the intent of the zoning by-law. . 2.5 A2005-0045 was an application for an area in the Wilmot Creek Retirement Community. The application was to permit the construction of eight (8) single detached dwellings by reducing the setback to other residences or institutional uses from 3 metres for one storey and 6 metres for two storey, the 3 metres for both one and two storey house. The applicant indicated that the intent was to provide an option for a second storey loft in some of the standard one storey homes. The height difference of the dwelling built as one storey and two storey models is about 0.3 metres (1 foot). Some members of the Committee were concerned that, as the Wilmot Creek Development is on a single lot, and that a decision to approve the application as originally worded would grant approval throughout the entire development. It was the feeling of Committee that a decision regarding the entire development should made by Council in the form of a zoning by-law amendment. Due to this concern, the Committee approved the application for four specific building sites that were requested by the applicant. Staff are satisfied with this decision. 2.6 A2005-0046 was an application to permit the construction of a deck by reducing the side yard setback from 1.2 metres to 0.66 metres, by reducing the rear yard setback from 6 metres to 5.56 metres, and to permit the construction of an accessory building by reducing the rear and side yard setback from 1.2 metres to 0.6 metres, and by increasing the total lot coverage to 57%. The required sign notification was not posted by the required date, and therefore the application was tabled to the next available meeting. 2.7 Staff reviewed the Committee's decisions and is satisfied that the application that received approval, with the exception of A2005-0040 and A2005-0044, is in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and is minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 2.8 In the case of the decision of Committee for A2005-0040, as described in Section 2.1, Staff does not support the decision of the Committee of Adjustment, and recommend that the General Purpose and Administration Committee recommend to Council that the decision be appealed by the Municipality. Staff would request that Council authorize REPORT NO.: PSD-130-05 PAGE 5 Staff to defend its original recommendation, as put forward in the Final Report to the Committee of Adjustment, dated November 3, 2005. 2.9 In the case of the decision of Committee for A2005-0044, as described in Section 2.4, Staff does not support the decision of the Committee of Adjustment. Staff have initiated the appeal process in order to comply with legislated timeframe for filing appeals. It is recommended that the General Purpose and Administration Committee recommend to Council that Council concur with Staffs decision to appeal this application to the Ontario Municipal Boanr Staff would request that Council authorize Staff to defend its original recommendatiotl, as put forward in the Final Report to the Committee of Adjustment, dated October 20, 2005. )It.. .c' Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Cl!J!-ilJgton Attachment #1 To Report #PSD-130-05 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: AIRD & BERLlS LLP BERNHART ROTH PROPERTY LOCATION: 4648 FICES ROAD, DARLINGTON PART LOT 354, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005-0042 PURPOSE: TO PERMIT THE ESTABLISHMENT OF NON-AGRICUL TURAL-RELATED USES ON A VACANT LOT WITHIN AN AGRICULTURAL ZONE. THE USES INCLUDE OUTSIDE STORAGE OF VEHICLES AND A NON-AGRICULTURAL RELATED BUILDING. DECISION OF COMMITTEE: THAT AT THE REQUEST OF THE APPLICANT THE APPLICATION BE TABLED TO THE NOVEMBER 17, 2005 MEETING. DATE OF DECISION: October 20,2005 LAST DAY OF APPEAL: November 9,2005 Clwil]glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT OWNER: MR. AND MRS. ZAUERHAGEN MR. AND MRS. ZAUERHAGEN APPLICANT: PROPERTY LOCATION: j I PART LOT 33, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON, 14 DECOE COURT, COURTICE A2005-0043 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK AND STAIRS BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 6 METRES TO 3 METRES AND BY INCREASING THE TOTAL LOT COVERAGE FROM 40% TO 48%. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR A PERIOD OF NOT MORE THAN THREE MONTHS DATE OF DECISION: October 20,2005 LAST DAY OF APPEAL: November 9, 2005 C/lJl-!lJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DANIAL DEWIT DANIAL DEWIT PROPERTY LOCATION: 2162 REGIONAL RD 3, ENNISKILLEN PART LOT 208, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005-0044 PURPOSE: TO PERMIT THE EXPANSION OF A NON-COMPLYING ACCESSORY BUILDING BY INCREASING THE MAX. PEMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% OF THE MAIN BUILDING TO 329%, AND BY INCREASING THE MAX HEIGHT FROM 5 M TO 7.6 M. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT EXPANSION OF NON-CONFORMING ACCESSORY BLOG BY INCREASING MAX LOT COVERAGE FOR ACCESSORY BLOG FROM 40% TO 141% OF MAIN BLOG & BY INCREASING HEIGHT OF EXISTING NON-CONFORMING ACCESSORY BLDG FROM 5 M TO 7.6 MAS IS DATE OF DECISION: October 20,2005 LAST DAY OF APPEAL: November 9,2005 ClfJ!il]glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RIDGE PINE PARK INC RIDGE PINE PARK INC. PROPERTY LOCATION: j 1 PART LOT 3BF, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2005-0045 FILE NO.: ~ PURPOSE: TO REDUCE THE MINIMUM REQUIRED SETBACK FROM ANY OTHER RESIDENTIAL OR INSTITUTIONAL BUILDING FROM 3.0 METRES PER STOREY TO 3.0 METRES PER TWO STOREYS. DECISION OF COMMITTEE: TO APPROVE APPLICATION TO REDUCE MIN SETBACK FROM OTHER STRUCTURE OR INSTITUTIONAL BUILDING FROM 3 M PER STOREY TO 3 M PER TWO STOREY FOR LOTS 974, 975, 976 & 977 AS SHOWN ON PLANS SUBMITTED BY APPLICANT AS IT IS MINOR & DESIRABLE IN NATURE & CONFORMS TO DATE OF DECISION: October 20,2005 LAST DAY OF APPEAL: November 9,2005 qiJlhJglOH PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JAMES & CINDY STEWART-HAASS JAMES & CINDY STEWART-HAASS PROPERTY LOCATION: 8185 KING STREET, HAYDON PART LOT 148, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005-0040 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITIONAL ACCESSORY BUILDING BY INCREASING THE MAXIMUM PEMITTED LOT COVERAGE FOR ALL ACCESSORY BUILDINGS AND STRUCTURES FROM 40% OF THE MAIN BUILDING TO 68%. DECISION OF COMMITTEE: To APPROVE the application to permit the construction of an accessory building by increasing the total lot coverage for accessory buildings and structures from 40% of the main building to 68% for the existing garage, pool deck and proposed 53.1 square metres accessory building as it is minor and desirable in nature and conforms to the official plan and zoning by-law DATE OF DECISION: LAST DAY OF APPEAL: November 3, 2005 November 23, 2005 ClfJl-!lJgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KIERNAN VINCENT KIERNAN VINCENT PROPERTY LOCATION: 54 TRUDEAU DRIVE, BOWMANVILLE ~ PART LOT 101, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005-0046 -".. PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK BY REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.66 METRES, BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 6 METRES TO 5.56 METRES, AND TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY REDUCING THE REQUIRED REAR AND SIDE YARD SETBACKS FROM 1.2 METRES TO 0.6 METRES, AND BY INCREASING THE TOTAL LOT COVERAGE FROM 45% TO 57%. DECISION OF COMMITTEE: TO TABEL THE APPLICATION TO THE NEXT AVAILABLE MEETING. DATE OF DECISION: LAST DAY OF APPEAL: November 17, 2005 December 7,2005 CJ~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 14, 2005 Report#: PSD-131-05 File #: ZBA2005-0054 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: MAPLE WOODS LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-131-05 be received; 2. THAT the application submitted by Maple Woods Land Corporation to remove the Holding (H) symbol be APPROVED; and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ~"'. /' ~ G ~-e--s~~~ Franklin Wu, Chief Administrative Officer BMRfCPfDJCfdf 1 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-131-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Maple Woods Land Corporation 1.2 Location: Bons Avenue, Kaukonen Court and Scugog Street, Bowmanville, Part Lots 13 & 14, Concession 2, Bowmanville (Attachment 1) 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding - Urban Residential Type One ((H) R1)" and "Holding - Urban Residential Type Two ((H)R2)". 2.0 BACKGROUND 2.1 On June 16th, 2005, Staff received a request from D.G. Biddle & Associates on behalf of Maple Woods Land Corporation for the removal of the Holding (H) symbol from the subject lands. At that time none of the lands were within a registered plan of subdivision. Phases I and II of the subdivision were both recently registered. The owner has indicated they are ready to proceed with construction, thus this application is being brought forward. 3.0 COMMENTS 3.1 The holding symbol affects all of 40M-2265, save and except Block 26, and all of 40M- 2278. Block 26 of 40M-2265 will remain with a holding symbol as development of this block is contingent upon a completion of development plans on lands adjacent to the north that have a separate owner. 3.2 The applicant has entered into a subdivision agreement with the Municipality and registered draft approved plan of subdivision 18T-87085 under plan numbers 40M-2265 and 40M-2278. 3.3 Policies within the Municipality of Clarington'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; . Submission of technical studies; . Measures to mitigate the impact of development; . 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. The approval of a by-law to remove the holding symbol from registered plan 40M-2265 and 40M-2278 is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied. 3.4 The Finance Department has indicated that all taxes have been paid for the subject lands. REPORT NO.: PSD-131-05 PAGE 3 4.0 RECOMMENDATION 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 Interested parties to be notified of Council and Committee's decision: Maple Woods Land Corporation D.G. Biddle & Associates Limited Report PSD-131-05 rU~Ctl...llIllylll Tr I ~v L o T PART 1, PLAN .. 0 R -.3 J O!l LOT 4 ~ r ~~Q ...\:tb ""~~ J CON CESS o N Bowmanville Key Map ZBA 2005-0054 Zoning By-law Amendment ( Removal of Holding Symbol) Owner: Maple Woods Land Corporation 3 . , . . , . o . . < ~ . " . < " . " . . o . . < ~ . 2 M.UC:lI.,;IIIIIt;:llltrL ~v Report PSD-131-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS th': 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 ZBA2005-0054; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1) Zone" "Holding - Urban Residential Type Two ((H)R2) Zone" to: Urban Residential Type One (R1) Zone" Urban Residential Type Two (R2) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY.LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Pattie L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. , lOT l o T 1 3 p'HT Pi.AN AOR-JJOg 1 4 CONCESS o N 2 ,............1 ................. ................. ................. FZZZZl ~ Zoning To Remain "(H)R1" Zoning Change From "(H)R1" To "R1" Zoning Change From "(H)R2" To "R2" John Mutton. Mayor Patti L. Barrie, Municipal Clerk , o o ~ . ~ < z o B . > < ~ o o CONCESSION ROAD 3 ". '" , o w ~ o '-... Bowmanville ~ Cl~mgton REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, November 14,2005 Report #: PSD-132-05 File #: PLN 20.5 By-law #: Subject: AMEN:::~~G THE FEES FOR MINOR VARIANCE APPLICATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-132-05 be received; 2. THAT the attached By-law amendment to the Fees By-law be approved exempting minor variance applications from payment for applications involving setback reductions for structures required to provide an accessibility devise for persons with physical disabilities to an individual residence; and 3. THAT the Clarington Accessibility Committee be advised of Councils decision. Submitted by: avi J. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:() ~~ Franklin Wu, Chief Administrative Officer BMR/CP/DC/df 8 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-132-05 PAGE 2 1.0 BACKGROUND 1.1 A recent inquiry to construct a wheelchair ramp providing accessibility to the front door of a house could not comply with the setback requirements of the Zoning By-law. 1.2 Under the General Provision of Clarington's Zoning By-law, structures such as stairs, unenclosed porches, and ramps are permitted to encroach into any required setback up to 1.5 metres, but in no instance is the required setback to be reduced below 1.2 metres. When a home, which meet the minimum zone setbacks, or is legally non- conforming, requires the addition of an accessibility structure such as a ramp or elevating device, and the structure cannot meet the setbacks outlined in the zoning by- law,_a minor variance is required. 1.3 Section 69 of the Planning Act allows the Municipality to pass a by-law to set out the fee structure for development applications to offset the anticipated cost to the Municipality in processing each type of application. At the current time, the fee for a minor variance is $425. This covers the cost of mailing, notice to individuals within 60 metres circulating the application to departments and agencies and Staff time and resources for managing the file, preparing reports and attending a meeting. 1.4 Staff has reviewed the Zoning By-law requirements for a wheel chair ramp with the Accessibility Committee at their regular meeting on October 13, 2005 and indicated why a minor variance would be required for ramps and lifts that do not conform with the required setbacks. Staff do not believe a zoning by-law amendment can adequately deal with this issue without causing interpretation issues for other forms of encroachments into the required setback. 2.0 STAFF COMMENTS 2.1 In keeping with the Municipality's goal of making Clarington more accessible to persons with disabilities, the cost a minor variance, in addition to the cost of installing a device, is not desirable. Staff reviewed the fees for minor variance applications, and recommend that fees be waived. Staff do not anticipate this will impact more than 1 or 2 applications per year. 2.2 An amendment to the fee schedule is intended to provide relief for those individuals living in or relocating to a single detached, semi-detached/link, and/or townhouse residential units, where wheelchair access is not required under any other by-law but it is needed to provide access to the dwelling by an occupant of the residence. As stated in section 1.3 of this report, the Municipality is entitled to pass a by-law to offset the cost of processing applications. Commercial, industrial, or apartment developments requiring a structure for accessibility is not considered appropriate. 2.3 As accessibility is gained through a variety of means depending on individual circumstances, the waiving of fees for the construction of structures such as elevating REPORT NO.: PSD.132.05 PAGE 3 devices and/or ramp for an individual residence is appropriate. Where an application for minor variance includes, in addition to a ramp, or elevating devise, an expansion to a deck or to the residence, a waiving of fees is not considered appropriate. It is anticipated that most of the ramps and lifts required for access will comply with the zoning by-law, and that the number of structures requiring minor variances will be limited. This by-law will have an insignificant impact on the value of application fees received. 3.0 CONCLUSION 3.1 . ",.,.... It IS respectfully recommended that By-law 96-032, as amended, be further amended as contained in the By-law attached hereto, identified as Attachment 2. Attachments: Attachment 1 - Amending By-law MllcU..1II 111l:;11Ltt"I To PSD-132-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a By-law to waive the payment of fees for minor variance applications to permit the construction of ramps, lifts and elevators for the purpose of gaining wheelchair accessibility to homes and to amend By-law 96-032, as amended WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, c.P13, provides that by-laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of ~pplications made in respect of planning matters; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 96-032, as amended to prescribe a Fee Schedule to meet the anticipated cost to the Municipality in respect of the processing of each type of application provided for in the Schedule of Fees; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the fee schedule attached hereto and forming part of this by-law apply for the specified documents, services, applications and inspections. 2. That Schedules "B-2" and "B-3" to By-law 96-032, as amended, be replaced by the Schedules "B-2" and "B-3" attached to this By-law: 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 SCHEDULE "B-2" TO BY-LAW FEES PRESECRIBEO BY THE DIRECTOR OF PLANNING SERVICES The effective date for the following fees is January 11 2005 to December 3112005 Official Plan Amendment - Minor Application (see Note 1) Official Plan Amendment- Major Application (see Note 1) Adoption of Official Plan Amendment Regional Official Plan Amendment Neighbourhood Plan Rezoning Removal of Holding (H) Symbol Draft Plan of Subdivision - Residential Draft Plan of Subdivision -Non Residential Draft Plan of condtiminium Draft Plan of Subdivision - fee for clearing and releasing any phase of a Plan of Subdivision or a Plan of Condominium delegated to the Municipality of Clarington Draft Plan of Subdivision - redline revisions andlor amendments to draft approval [<>nolicant initiated) Part Lot Control BY~law Preparation of Subdivision Agreement (not including legal fees) Preparation of Amendment to Subdivision Agreement (not including legal fees) Site Plan Approval- 'Residential Site Plan Approval - Non Residential Commercial Site Plan Approval - Other Non Residential Plans for approval only Site Plan Approval- Sales Trailer Site Plan Amendment Minor Variance Application (see Note 2) Minor Variance Tabling Fee (applicant initiated) Minor Variance Re-circulation Fee (applicant initiated) Subdivision Clearance Letter Zoning Clearance Letter Miscellaneous Clearance Letter (including outstanding work orders, building compliance) Application requiring additional Public Meeting (additional fee for each subsequent public meeting) Application requiring additional Public Meeting (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Land Division Committee Development Agreement Land Division Committee Clearance Letter Application involving review under EPA and/or EAA process (additional fee) Street Name Change request Maps - small mid-sized Large Official Plan Coloured Maps (each) Clarington Official Plan Clarington Zoning By-law Clarington Street Name Index Studies under 40 pages 40 to 100 pages 100 to 200 pages over 200 pages $3,000.00 $5,000.00 $1,300.00 $1,000.00 $1,100.00 $1,600.00 $450.00 $25.00 per dwelling with a minimum of $4,500.00 and a maximum of $9,000.00 $4,500.00 $1,400.00 $1,400.00 $2,500.00 $475.00 $1,100.00 $550.00 $850.00 plus $25 per unit to a maximum of $5000 $2500 plus $10 per 100 m2 to a maximum of $8500 $850 plus $10 per 100 m2 of gross floor area to a maximum of $5000 $850.00 $650.00 $550 plus $10 per unit to a maximum of $4200 $400.00 $75.00 $75.00 $100.00 $105.00 $100.00 $525.00 $725.00 $300.00 $85.00 $10,000.00 $1,500.00 $3.00 $7.00 $12.00 $3.00 575.00 575.00 $45.00 510.00 $20.00 $35.00 $50.00 Note 1: The following are criteria for determining what constitutes a major Official Plan application: . New aggregate extraction areas or expansion to existing aggregate extraction areas; New golf courses or expansion to existing golf courses; . New waste facility or expansion to existing waste facility; . Expansion to urban boundary or redesignation of Future Urban Residential Lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2500 m2; . Deletion or addition of arterial or collector road; Any application that due to the broader policy implications for the Municipality that would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services Note 2: Minor variance applications for the construction or placement of an accessibility device to provide access to a single detached, semi-detached/link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. SCHEDULE "B-3" TO BY-LAW FEES PRESECRIBED BY THE DIRECTOR OF PLANNING SERVICES The effective date for the following fees is January 1, 2006 to December 31,2006 Official Plan Amendment - Minor Application (see Note 1) Official Plan Amendment- Major Application (see Note 1) Adoption of Official Plan Amendment Regional Official Plan Amendment Neighbourhood Plan Rezoning Application Removal of Holding (H) Symbol Draft Plan of Subdivision - Residential Draft Plan of Subdivision -Non Residential Draft Plan of Condominium Draft Plan of Subdivision - fee for clearing and releasing any phase of a Plan of Subdivision or a Plan of Condominium delegated to the Municipality of Clarington Dr~ft Plan of Subdivision - redtine revisions and/or amendments to draft approval (applicant initiated) Part Lot Control By-law Preparation of Subdivision Agreement (not including legal fees) Preparation of Amendment to Subdivision Agreement (not including legal fees) Site Plan Approval- Residential Site Plan Approval - Non Residential Commercial Site Plan Approval- Other Non Residential Plans for approval only Site Plan Approval- Sales Trailer Site Plan Amendment Minor Variance Application (see Note 2) Minor Variance Tabling Fee (applicant initiated) Minor Variance Re-circulation Fee (applicant initiated) Subdivision Clearance Letter Zoning Clearance Letter Miscellaneous Clearance Letter (including outstanding work orders, building compliance) Application requiring additional Public Meeting (additional fee for each subsequent public meeting) Application requiring additional Public Meeting (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Land Division Committee Development Agreement Land Division Committee Clearance Letter Application involving review under EPA and/or EM process (additional fee) Street Name Change request Maps - small mid-sized Large Official Plan Coloured Maps (each) Clarington Official Plan Clarington Zoning By-law Clarington Street Name Index Stud ies under 40 pages 40 to 100 pages 100 to 200 pages over 200 pages $3,500.00 $5,000.00 $1,350.00 $1,200.00 $1050.00 $1,700.00 $475.00 $25.00 per dwelling with a minimum of $5,000.00 and a maximum of $12,000.00 $5,000.00 $1,500.00 $1,500.00 $3,000.00 $500.00 $1.200.00 $600.00 $900.00 plus $25 per unit to a maximum of $5000 $3000 plus $10 per 100 m2 to a maximum of $9000 $900 plus $10 per 100 rn2 of gross floor area to a maximum of $5000 $900.00 $700.00 $600.00 plus $10 per unit to a maximum of $4400 $425.00 $75.00 $80.00 $105.00 $105.00 $105.00 $550.00 $750.00 $325.00 $90.00 $10,000.00 $1,500.00 $3.00 $7.00 $12.00 $3.00 $75.00 $75.00 $45.00 $10.00 $20.00 $35.00 $50.00 Note 1: The following are criteria for determining what constitutes a major Official Plan application: . New aggregate extraction areas or expansion to existing aggregate extraction areas; . New golf courses or expansion to existing golf courses; . New waste facility or expansion to existing waste facility; Expansion to urban boundary or redesignation of Future Urban Residential Lands; Hamlet expansion where a settlement capacity study is required; . Commercial Development greater than 2500 m2; Deletion or addition of arterial or collector road; . Any application that due to the broader policy implications for the Municipality that would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services Note 2: Minor variance applications for the construction or placement of an accessibility device to provide access to a single detached, semi-detachedflink ortownhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. C!NJggton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday November 14,2005 Report #: EGD-41-05 File#: By-law #: Subject: APPOINTMENT OF BUILDING INSPECTOR RECOMMENDA TrONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-41-05 be received; 2. THAT Mr. Andrew McPherson be appointed as Inspector for the Municipality of Clarington effective Monday November 14, 2005 and that his name be added to Schedule 'A' of By-Law 2005-145; and 3. THAT the appropriate by-law be forwarded to Council. 4<<~1 Q~~~~ ASC/RP/jo November 1, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-41-05 PAGE 2 1.0 REVIEW AND COMMENT 1.1 Mr. Andrew McPherson has been employed as a Plans Examiner/Building Inspector with the Municipality of Clarington since August 2, 2005. Mr. McPherson graduated from the three year Seneca College Fire Protection Technology program. He was previously employed for six years with an engineering consulting firm that specialized in the Ontario Building and Fire Codes. Mr. McPherson has Successfully completed the following exams from the Ministry of Municipal Affairs and Housing: . Part 3 - Complex Buildings . Part 9 - Small Buildings . Powers and Duties of RCA's Attachments: Attachment No. 1 - Proposed by-law amendment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 ATTACHMENT NO.: 1 REPORT NO.: EGD-41-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to amend By-law 2005-145, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report EGD-41-05. 'lIf' NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Schedule 'A' to By-law 2005-145 is hereby amended by adding the following thereto: "Andrew McPherson" This By-law shall come into effect on the date of passing hereof. BY -LAW read a first and second time this 28th day of November, 2005. BY-LAW read a third and finally passed this 28th day of November, 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk " CI!J!mgton REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November i<+, 2005 By-law # Report #: ESD-013-05 File# 10.12.6 Subject: MONTHLY RESPONSE REPORT - SEPTEMBER 2005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-013-05 be received for information. Submitted by: ~6rdo Weir, AMCT, CMM111 Director Emergency & Fire Services --- Reviewed by: O~~ Franklin Wu. Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 REPORT NO: ESD-013-05 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month September, 2005. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 267 calls during this period and recorded total fire loss at $77,50D. A breakdown of calls responded to follows in the table attached. ATTACHMENT #1: Activity Report CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT Period:September 1, 2005 OO:OO:OOhrs to September 30, 2005 23:59:59hrs ATTACHMENT #1 CALL TYPES - VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS CALL TYPE Bowmanville Newcastle Orono Courtice Enniskillen PROPERTY FIRE CALLS 7 0 2 1 0 10 4 3 1 12 28 8 7 12 15 5 includes vehicle extrications/accidents, commercial/industrial accidents, home/residential accidents, water/ice rescues) 69 8 5 121 2 23 TOTALS 22 11 267 # of Fire Calls Dollar Loss $ 7 $59,500 DOLLAR LOSS o 2 $0 $18,000 1 $0 o $0 10 $77,500 # of Standb s - Calls # of Standbys - Trainin VOLUNTEER STANDBY RESPONSES 17 0 0 10 o 27 o o o o o o 2005 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. Mav. Jun. Jul. Aua. Sep. Oct. Nov. Dec. STATION 1 153 118 109 148 133 170 161 157 139 0 0 0 1288 STATION 2 38 36 34 40 26 34 29 31 26 0 0 0 294 STATION 3 28 23 16 21 19 19 24 10 22 0 0 0 181 STATION 4 95 69 90 73 78 92 80 100 69 0 0 0 746 STATION 5 16 8 4 15 9 10 12 12 11 0 0 0 97 2606 TOTALS 330 254 253 I 297 I 265 325 306 310 267 I 0 I 0 I 0 2606 2004 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 114 111 103 105 98 131 105 105 101 111 117 151 1352 STATION 2 35 29 27 32 24 20 40 31 34 31 19 40 362 STATION 3 18 17 12 13 14 9 10 25 13 11 18 29 189 STATION 4 74 57 70 69 57 81 73 73 65 61 68 76 824 STATION 5 7 4 7 9 9 11 19 16 11 10 5 18 126 2853 TOTALS I 248 218 I 219 228 I 202 I 252 I 247 250 224 I 224 227 I 314 2853 ClfJIigglOn REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Novembe~ :~, 2005 Report #: ESD-014-05 File# 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT. OCTOBER 2005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-014-05 be received for information. Submitted by: \~: 0 0 Y\ .c ~ " . .., Reviewed by: Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services 6 A.eJ~-::(~_I~ Franklin Wu. Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 REPORT NO: ESD-014-05 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month October, 2005. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 274 calls during this period and recorded total fire loss at $164,800. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT Period: October 1, 2005 OO:OO:OOhrs to October 31,2005 23:59:59hrs ATTACHMENT #1 CALL TYPES - VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS CALL TYPE Bowmanville Newcastle Orono Courtice Enniskillen PROPERTY FIRE CALLS 7 0 3 1 1 12 (includes structure, chimney, vehicle, miscellaneous e.o.. furniture, ciothino, etc) UNAUTHORIZED BURNING 2 2 I 1 I 2 I 1 I 8 (burnino complaints) FALSE FIRE CALLS 30 5 3 12 1 51 (includes alarm activations-accidental/malicious, human-perceived emergencies, check calls e.a. investioate an odor) PUBLIC HAZARD CALLS 11 4 I 0 4 1 20 (includes propane/naturai gag"leaks, fuel/chemical spills, power lines down/arcino, e.o. leaks etc.) RESCUE CALLS 12 9 I 2 5 3 I 31 (includes vehicle extrications/accidents, commercial/industrial accidents, homelresidential accidents, water/ice rescues) MEDICAL ASSIST CALLS 49 11 9 50 I 5 124 (includes assistance to ambulance personnel with respiratorv and resuscitation emeroencies)3 MISCELLANEOUS CALLS 7 I 5 1 12 I 3 28 (Incidents not found, assistance not rea'd bv other aaencies, call cancelled an route, etc.) I TOTALS I 118 I 36 19 I 86 I 15 274 DOLLAR LOSS # of Fire Calls 6 0 0 1 0 7 Dollar Loss $ $8,000 $0 $56,800 $100,000 $0 $164,800 VOLUNTEER STANDBY RESPONSES # of Standbys - Calls 9 0 0 6 0 15 # of Standbys - Trainina 0 0 0 0 0 0 2005 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Aor. May. Jun. Jul. Auo. Sea. Oct. Nov. Dec. STATION 1 153 118 109 148 133 170 161 157 139 118 0 0 1406 STATION 2 38 36 34 40 26 34 29 31 26 36 0 0 330 STATION 3 28 23 16 20 19 19 24 10 22 19 0 0 200 STATION 4 95 69 90 73 78 92 80 100 69 86 0 0 832 STATION 5 16 8 4 15 9 10 12 12 11 15 0 0 112 2880 TOTALS I 330 254 253 I 296 265 325 I 306 310 267 274 I 0 I 0 2880 2004 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. Mav. Jun. Jul. Aua. Sep. Oct. Nov. Dec. STATION 1 114 111 103 105 98 131 105 105 101 111 117 151 1352 STATION 2 35 29 27 32 24 20 40 31 34 31 19 40 362 STATION 3 18 17 12 13 14 9 10 25 13 11 18 29 189 STATION 4 74 57 70 69 57 81 73 73 65 61 68 76 824 STATION 5 7 4 7 9 9 11 19 16 11 10 5 18 126 2853 TOTALS 248 218 219 I 228 202 252 247 I 250 I 224 224 227 314 2853 Cl1JfilJgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2005 Report #: CLD-042-05 File#: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT - JULY TO SEPTEMBER, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-042-05 be received; and 2. THAT a copy of Report CLD-042-05 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. O~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*AG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-042-05 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attached table summarizes the activities and revenues pertaining to Animal Services for the months July to September 2005. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White Animal Alliance of Canada Animal Advisory Committee CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO.1 TO REPORT NO. CLD-Q42 -2005 ANIMAL SERVICES MONTHLY REPORT JULY TO SEPTEMBER 2005 A. ACTIVITIES THIS QUARTER YR. TO DATE 2005 YR. TO DATE 2004 PICKED UP - WilDLIFE 38 83 99 DOGS CATS I DOGS I CATS ~ DOGS I CATS I PICKED UP 37 31 113 79 137 124 BROUGHT IN 20 116 65 222 105 235 RETRIEVED BY OWNERS 36 7 112 15 151 23 SOLD TO RESIDENTS -. 21 100 240 59 189 75 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 18 5 39 6 35 DEAD ON ARRIVAL 0 22 2 58 10 61 QUARANTINE 2 8 4 17 3 6 WRITTEN WARNINGS 51 178 219 P.OA TICKETS 8 16 9 CONVICTIONS 6 11 10 CALL-OUTS AFTER HOURS 3 22 34 OVER TIME HOURS 9 69 102 B. REVENUES DOGS & CATS RELEASED 135.00 60.00 315.00 210.00 585.00 270.00 LICENSES 5110.00 544.00 25021.00 4028.00 45425.00 11766.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 1425.00 4225.00 3825.00 8095.00 4350.00 10080.00 DOGS & CATS REDEEMED 1477.00 120.00 4135.00 285.00 6632.00 268.00 I SUB TOTAL I 8147.00 4949.00 33296.00 12618.00 56992.00 22384.00 TRAP REVENUE OTAL REVENUE 63.00 13159.00 171.00 46085.00 171.00 79547.00 EUTHANISED THIS QUARTER 9 SICK CATS 6 INJURED CATS 3 FERAL CATS YEAR TO DATE 19 SICK CATS 10 INJURED CATS 10 FERAL CATS 2 SICK DOGS 3 DOGS BEHAVIOUR Cl~!ilJgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE & ADMINISTRATION Date: November 14, 2005 Report #: COD-056-05 File#_ By-law # Subject: Bill 206 An Act to Revise the Ontario Municipal Retirement System Act Tender CL2005-7, Recommendations: It is respectfully recommended to Council the following: 1. THAT report COD-056-05 be received; 2. THAT the attached AMO suggested resolution be recommended to Council for endorsement with appropriate reference to the Municipality of Clarington FORTHWITH; and 3. THAT the Durham Region Area Municipalities be advised of Council's action. S"bm_bya~ Marie Marano, H.B.Sc., C.M.a. Director of Corporate Services R . db //\ ~.--.-J----1 . R eVlewe y: U ~ Franklin Wu, Chief Administrative Officer MMlca REPORT COD-OS6-0S Page 2 BACKGROUND AND COMMENT 1. Bill 206 - An Act to Revise the OMERS Act 1.1 Bill 206, An Act to Revise the OMERS Act received First Reading on June 1, 2005. There are public hearings scheduled in November with the Province's standing Committee. The Government's original implementation date was January 2006, and it appears that the legislative process will be aggressive in order to facilitate passage of this legislation as soon as possible. 1.2 The existing OMERS plan serves approximately 355,000 members including 98,000 retirees and 900 employers, with a portfolio of investments at $36 billion. 1.3 The Ontario government appoints the members to the OMERS board and has final approval on plan design, changes and contribution rates under the existing plan. 2. 2.1 3. 3.1 3.2 4. 4.1 4.2 4.3 OMERS Position OMERS has endorsed most of the elements of the legislation with some additional recommended amendments to provide maximum flexibility and autonomy to the OMERS Corporations proposed under the ACT. AMO's Position AMO has a number of concerns regarding the proposed ACT, including the potential for significant costs to be attributed back to the Municipalities, minimum opportunity for input into the proposed changes to the existing system, and the potential for minimal control in areas such as supplemental plan negotiation which will be governed by interest arbitration. AMO has circulated the attached draft resolution which they are strongly encouraging all municipalities to support. It is recommended that the resolution be approved as the Municipality of Clarington's position on Bill 206. Overview of Major Changes from Bill 206 Administration Corporation: The Administration Corporation will be created under this legislation to assume the current OMERS Board responsibilities and act as trustee for the pension funds. It administers retirement compensation arrangements that provide benefits to plan members, and establishes investment policies. It collects fees charged by the Sponsor's Corporation to employer and plan members. It also has the rights and powers of a "natural person". There are also two advisory committees created under this legislation which will provide guidance to the plan member groups - one for general members and another for the safety sector (police and fire). These committees may be discontinued over time. Sponsor's Corporation: The creation of a Sponsor's Corporation will replace the Government of Ontario's current role as plan sponsor with approval rights. The corporation will have the rights and powers of a "natural person". It will determine plan design and set contribution rates to cover its expenses. It can change the plan design through a majority decision and can enter into agreements to permit the Administration Corporation to administer other pension plans with the costs to be paid by the other plan. REPORT COD-05G-05 Page 3 4.4 The Sponsor's Corporation has the authority to establish Supplemental Plans, with Administration Corporation being responsible for administration of these plans. 4.5 Supplemental Plans: The current pension plans operate as a "Primary Plan". Bill 206 directs consideration of "Supplemental Plans" for Police and Fire as a separate benefit plan. The supplemental plans offer additional benefits different or beyond the basic plan. Both plans are funded 50/50 by employer and member contributions, however there is a potential for cross subsidization or rebound costs to the primary plan to support the supplemental plan for the police and fire groups. 4.6 The Act Pjovides that employers and local bargaining can negotiate local agreements to provide supplemental plans. The Sponsor's Corporation then establishes a supplemental plan upon request. In Police and Fire sectors, if an agreement is not reached in negotiations, the issue can be referred to interest arbitration. This will result in the potential for municipalities to be ordered to participate in a supplemental plan. Given the tradition of Police and Fire to seek and receive parity through interest arbitration, there is a risk of elaborate benefits awards being ordered on Municipalities, and the creation of different core benefits for Management, CUPE, and Fire members under the same employer. This provision vests significant power in a third-party who's consideration will not be for the impact at the local level. 4.7 There is a limit of .5% financial restriction on the contribution rate for benefit changes on the scope of the arbitrator's authority, however it is only applicable to the Primary Plan, and it is also not cumulative therefore permitting a series of increases. 4.8 Funding: The Sponsor's Corporation has access to two sources of funding; the Administration Corporation will reimburse it from the pension fund for administration expenses and they may also levy a fee for any expenses not related to administering the pension plan. The Administration Corporation will collect this fee and reimburse the Sponsor's Corporation for costs. Employer and Employee contributions are split at 50/50. 4.9 The Administration Corporation collects all fees for both Corporations and reimburses the Sponsor's Corporation for costs incurred. 4.10 Rates: Municipal Finance Officers Association has estimated that the contribution rates will increase approximately 9% due to benefit enhancements, fund administration and costs incurred to support the Sponsor's Corporation. 4.11 There are likely to be ongoing costs associated with negotiations of benefits and general services form employers which will not be shared 50/50 but will likely be attributed directly to the employers. 5. 0 Conclusion and Concerns: 5.1 Bill 206 is complex and has the potential to impact municipalities significantly in cost and the ability to control and offer benefits to employees in a fair and equitable manner. The Province has not provided sufficient opportunity for input from the local stakeholders, and the limited time before passage of the bill has not allowed stakeholders sufficient opportunity to conduct thorough analysis of the impact or implications of this legislation. REPORT COO-oS6-0S Page 4 5.2 The following points only briefly summarize some of the concerns in the proposed legislation: 1. There may be some risk of a negative impact attached to the OMERS plan members if there are liabilities attached to the administering of other plans by the Administration Corporation. 2. There is a potential for cross subsidization or rebound costs to the primary plan to support the supplemental plan for the police & fire groups. 3. Rates are estimated to increase by 9%, and since the estimates are based on preliminary information, they are subject to change. 4. Fragmented plans and different contribution rates may result for employees within a group if employees change employers since benefits may differ among employers. 5: The Supplemental Plans costing will change as plans evolve, therefore it is difficult to estimate the cost potential or impact to employers. 6. Supplemental plans will lead to higher operating costs. 7. The tradition of Fire receiving parity with Police settlements through interest arbitration, introduces a risk elaborate benefits awards being ordered on Municipalities. It may also create different core benefits within employer groups such as CUPE, Management, and Fire. 8. The ability to award pension benefits through interest arbitration vests significant power in a third-party who's consideration will not be for the impact a the local level. 9. The .5% financial restriction on the contribution rate for benefit changes on the scope of the arbitrator's authority is only applicable to the Primary Plan, and it is also not cumulative therefore permitting a series of increases. 5.3 There are also numerous concerns with the OMERS recommendations to amend the draft legislation which have not been identified here but may compound the impact of this legislation if accepted. The stakeholders have not had sufficient opportunity to consult with OMERS or examine the potential implications in detail. 5.4 Consequently, it is recommended that the AMO resolution which points to significant concern with the legislation and the aggressive time frame for its passage, be endorsed Forthwith as the Municipality of Clarington's position. Attachment: AMO Resolution CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 . Attachment to Report COD-056-05 -2- Municipal Assistance Needed: Attached is a model resolution that every municipality, which is an OMERS employer, is asked to pass quickly and forward to Minister Gerretsen and their local MPP(s). Model Resolution Re: Bill 206: WHEREAS the provincial Standing Committee on General Government is currently debating Bill 206, An Act to revise the Ontario Municipal Employees Retirement System Act; and WHEREAS the OMERS pension fund is currently equal to approximately 8% of Ontario's annual GDP; and ' WHEREAS the OMERS pension fund serves approximately 900 employers and 355,000 diverse employee groups including: current and former employees of municipal governments; school boards; libraries; police and firl!!'aepartments; children's aid societies; and, electricity distribution companies; and WHEREAS Ontario's municipalities and their employees depend on the prudent management of the $36 Billion plan and to ensure that employees and employers are paying for benefits they can afford; and WHEREAS OMERS employer and empioyee members are facing an increase in OMERS contributions in 2006 of approximately 9% as a result of a significant deficit in the OMERS fund; and WHEREAS the Bill includes significant, potentially costiy and unnecessary changes to the governance structure of OMERS including a Sponsors Corporation structured to be governed by arbitration; and WHEREAS the Bill would permit the creation of expensive supplementary plans to provide optional enhanced benefits that will Impose new collective bargaining obligations on municipalities, the operating costs of which cannot yet be fully assessed; and WHEREAS the Province has a responsibility to study the potential impact of the changes it is proposing and to share the results with employers and employee groups; and WHEREAS AMO and others have urged the government to consider the potential implications of Bill 206 and to ensure the proposed policy changes protect the interests of employers, employees and taxpayers; and WHEREAS the Government is moving in haste with a Bili, which in its current form raises significant technical, public policy and economic issues; THEREFORE BE IT RESOLVED THAT (Name of municipality) does not support Bill 206, and requests the that the Government of Ontario reconsider the advisability of proceeding with Bill 206 in its current form; and FURTHER IT BE RESOLVED THAT (Name of Local MPP), the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, the Honourable Dalton McGuinty, Premier of Ontario, and'the Association of Municipalities of Ontario be advised that this Council does not support proposed changes to the OMERS pension fund contained in Bill 206, This information is availabla In the Policy Issues section of the AMO website at www.amo.on.ca For more Information, contact 416-971-9856: Pat Vanini, Executive Director, at ex\' 316 or Brian Rosborough, Director of Policy at ext 318 Cl~J!il!-glOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14, 2005 Report #: COD-057-05 File#_ By-law # Subject: Co-operative Tender T257-2005, Gasoline & Diesel Fuel Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-057-05 be received; 2. THAT Shell Canada Products, Toronto, Ontario in an approximate annual amount of $324,347.87, being the lowest responsible bidder meeting all terms, conditions, and specifications be awarded the Municipality of Clarington requirements for Co-operative Tender T257-2005 Gasoline and Diesel Fuel for a three year term and to expire October 4th, 2008; and 3. THAT funding be provided from the current year's respective departments Operating Fleet Budgets. Submitted by: ~ arie Marano, H.B.Sc., C.M.O. Director of Corporate Services /~~~~~C/ Reviewed by: U . "'- Franklin Wu, Chief Administrative Officer MM\LAB\km REPORT NO.: COD-OS7-oS PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington participated co-operatively in Tender T257-2005, for the Supply and Delivery of Gasoline and Diesel Fuel. The contract is for a three year term, expiring October 4th, 2008. Although a total of three (3) bids were received, the second low bid was not acceptable and therefore rejected. The third bid was for a commodity required only by the City of Oshawa. SubsequtJntly, a bid for Clarington's requirements was received and tabulated as per Schedule "A" attached. Note, price adjustments throughout the contract are made in accordance with the formula supplied in the tender document, however the finm mark up price is firm for the three (3) year term. The prices submitted for the firm mark up portion reflect a price increase over the 2002 prices . as follows: 54 % for unleaded; 63 % for clear diesel; and 86% for coloured diesel. Funding will be provided from the current year's respective departments Operating Fleet Budgets. After review and analysis of the bids by Purchasing and the Durham Purchasing Co-operative, it is recommended that Shell Canada Products be awarded the contract. The subject firm have previously performed satisfactorily for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 . - . ~ . "" UJ r-- 1J co 5 iii r-...: ro 0 -.r ""' CI :::J + ~ c: ~ c: 00 <{ ""' + ~ (,) $ <{ CI) ~ ...J I W Lt')::> ou. ~...J Ql 0 :::J .W :g u. ~ C .....00 00 Ql -;:- ~ 0 ~w 0 ro Ul 1J ~ ~ Ql ....0 :::J is ~ ~ <'i "a....I t c: ro c: :::J - ""' en 0:::0 c.. <{ N 0 ::J ~ ~ '110 (5 0 c Wz rn .... 0 0 - c: 0 .- ~< ~ :::J ~ \;....."'" L- 0 L() ~ ~ ~ co wW ~ - ....z U w::i ~ >0 '110 r-- "l- 1J Ql ~ ~ ~~ -en iii :::J <:: <Xi 0 ~< rn u. r-- . ~ 00 Ul <0 0:::" t :::J Ql ~ ~ ..; ~. >- c: Ul ro - (j) oS Wu. ro c: .91 Ql ::J ~ "a....I c.. <{ 0 0 0 ~ ~ a.. 0 <0 .- $ .... L() -.: :.a - 0 0 c: r-: co o~ I- :::J II~~~ 0 ""' E N 0.. ~ OW <{ .- > - U I .- >::i 0 c o:::W 1J 1J ~ <0 iii Ql <Xi :J <0 1J ro 0 :::EO <{ ro Ql Ql N :E t :::J c: .5 ~ ..; :::EZ c: => - (j) ro ~ (5 ::J ~ :J< c.. .... Ul 0 g c: ro 0 en> :::J <9 0 ~ 0 r-: O...J ~ 0 -a.. ~ ala.. ~ :J en I Ul tl :::J ~ 1J Ql 0 1J ~ 1J c.. iii ro 1J ro c: ro 0 Ql .J:: C/) J Cl!Jljgglon REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 14th, 2005 Report #: COD-059-05 File#_ By-law # Subject: Tendo;, CL2005-20, Guide Rail Installation Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-059-05 be received; 2. THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of $89,239.26 (excluding G.S.1.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-20, be awarded the contract for the Guide Rail Installation, as required by the Operations Department; 3. THAT the total funds required in the amount of $118,688.81 ($89,239.26 tender plus consulting, contingencies, emergency work and Net GST) be drawn as follows: a) $92,212.00 from 2005 and 2004 Capital Budget for Guide Rail Installation Account # 110-36-330-83639-7401 b) $26,476.81from the 2005 Current Budget for Guide Rail post Miscellaneous Account # 100-36-384-10310-7112; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: ----;7/!'i~ - Reviewed bl J~. ~Q :::{-c.~ ~~tarano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer j~Ct~ (=?x:u ~ C-N 1\ f-r Nancy Taylor, B.BA, CA, ~. irector of Fi nce Submitted by: ' _~_____ . , DMR, RRFA, Director of Operations MMILABINTlFHlkm REPORT NO.: COD-OS9-oS PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Guide Rail Instaliation within the Municipality of Clarington, as required by the Operations Department. Subsequently, tenders were advertised and received as per Schedule "S" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter ;rom Totten Sims Hubicki Associates, marked Schedule "S" and will be provided from the accounts specified in the recommendations of this report. As the total funds required for the project exceed the budget aliocation of $119,000.00, it is recommended that Part "S" Reid Road, Newtonville, and Part "D" Lake Road, Sowmanville, be deleted which reduces the total bid cost to $89,239.26 resulting in the total funds required (including contingencies and consulting) of $118,688.81. The low bidder has previously performed similar satisfactory work for the Municipality of Cia ring ton in 2004. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. After further review and analysis of the bids by the Operations Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Peninsula Contracting Inc., Fonthill, Ontario, be recommended for the contract of Guide Rail Installations. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l 1C 3A6 T(905)623-3379 F (905)623-4169 Schedule "An THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Cont';;".::ting Inc. Fonthill, Ontario, to enter into agreement for the Guide Rail Installation. 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 Clarington with the Corporation Seal, a contract between, Peninsula Contracting Inc., Fonthill, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2005. By-law read a third time and finally passed this day of ,2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk NOV-UlJ-Ub WI::lJ UlJ:,,( flM T~H GO~OUr(G FAX NO. p, 01/02 SCHEDULE "B" II!! TIH Totten Sims Hubicki Associates 513 Division Stroet, Cobourg, Ont~rio, C~moda K9A 5GG 1905) 372.2121 Fax: (9051372.3621 E-mail: cobourg@lsh.ea www.t.sh.ca engineers architects planners Nowmber 8, 2005 Ms. Lou Ann Birkett, CPP, AMCT Purehnsing Manager The Municipality of CIa ring ton 40 Temperance Street BOWMI\NVILLE,On\ario. Ll C 3A6 . Dear Lou Ann: I~e: Guide Raillnstallntion - Various Locations Cootrllct No. CL2005-20, Municipality of ClarinJ:ton Tenders for the above project were opellcd at the Municipal Offiecs on Friday, August 26,2005, at 2:00 p.m. The bids received, exclu.,ive of GST, are summari7.ed as follows: BIDDER TOTAL BID AMOUNT $136,796.99 Peninsula Constructionlne. !,S>}!~\li,!.l.' ON Bob Hcndrickson Construction Ltd., POl'[ Perrv, ON Hughson Peneing & Guide Rail $166,392.00 Rejected * Atlas Fence West Inc, Rejccrcd* · RejecLCd by Municipality of Cl.ringlon as Dids did not meer submission requiremenrs as outlined in 1I1e Tender. The low bidder's submitted tender has been reviewed and is in order. Peninsula Construction Inc. have undertaken similar work for thc Municipality of Claringlon witb the completion of the 2002 and 2004 Guidc Rail Contracts and has also becn awarded and commcnced work on Conlract CL2005-21 involving various culvert, guide cable and erosion repair works. TSH administered and is a,iminis[Cl'ing the previously mentioned works and Pcninsula COJlstnlctioll completed !he work to dale 10 an acceptable level. This lcndcr is composed of four different sites from the 2004 and 2005 Capiral Budgels. A cost apporrionmelll is atrachcd dctailing tbe estimated IOTa! projecl costs based on rhe low bid for each individual sire. $92.212.00 of the [umling fm the contract shall be obtained fcomlhe 2004 and 2005 Capital Iludgel- Guide Bcam Installation, Account II 110-36-330-83639-7401 and $26,788.00 from thc 2005 Currcnt Budget - Guide Rail Post Miscellaneous, Account II 100-36-3114-10310-7112. As lhc I~VV-U~-U:J WW U~'':::O 111"1 1>:>11 LiUOUUr:1.1 t'HiI NU, p, 02/02 SCHEDULE "B" C:OIlXm.l.lilJn or (he Municipality of Claringloll NUVr..TI1bcr 8, 2005 2 total project costs are estimated to be $53,000.00 over budget it is recommended that Part B - Reid Road and Pan D - Lake Road, including associated administration and contingency costs totalling $53,311.19, be deleted from the project resulting in a total project cost of $118,688.81. With the deletion of Part B and Part D. the total projcel costs can be funded from rhe above noted accounts and based on the past experience of the low bidder it is recommended that COlllract CL2005-20 be awarded to peninsula Construction Inc. in the lotal am0\1111 of $89,239.26 (exc!. of a.s:!".). Tender ueposits sha II be retained until such lime that the low bidder has provided executed contract documents. Should Y(lU require a(.y;.dditional information, pleasc comaet the undersigned. Best regards. Ron Albright, P.Eng. Project Engineer /1?- RA/ym P/1\M M/C.Cllr~!\pI21227 .doc Enel. ee: Mr, r. lIorvath. Municipality of Clarington (+ enel.) Mrs_ K. Rand, Municipality of Clarington (+ enel.) TIlt fo w ..J ::> o w :r \J U) I/) l: o :;::; ('II (J l: 0 o..J -I/) Cl:l l: 0 ';: ';: ('11('11 u> ...... o l: >>.!:! :5-; ('11- c.(;j .-- .!:! I/) l: l: :1= ~'(ij 0::: CI> :E :I C> ""n .... ~ 0 CO .- o..;;t ai N 0> '" oN CO' ON ~~ Q)..,; .00 E.!!!. Q) 0 > ~ 0[1. Z . 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III - III o U <( e- O o ~ E I" -;;, ~ ,g 'i3 "' " u ~ " E ~ " 0> C " W "' U C ~ !!l c . E o u o 9 (j Cl!JlmglOn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, NOVEMBER 14,2005 Resolution #: Report #: FND-017-05 File #: By-law #: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-017-05 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. Submitted by: Reviewed b~) ~ '----~t.J1.... ' Franklin Wu Chief Administrative Officer NMT/MWF/MAM/hjl REPORT NO.: FND-017-05 PAGE 2 BACKGROUND Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. Section 357(3 & 4) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. More specifically, under Section 354, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: . Ceased to be liable to be taxed at rate it was; . real property becomes exempt; . razed by fire, demolition or otherwise; . damaged by fire, demolition or otherwise (substantially unusable) . removal of a mobile unit; . sickness or extreme poverty; . gross or manifest clerical error; and . repairslrenovations preventing normal use of period of 3 months. The 357 and the 358 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. Section 356, deals with severances or divisions into parcels. These parcels of land were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. REPORT NO.: FND-017-05 PAGE 3 The total amount of taxes to be written off, for January 1 to August 31, 2005, as shown in this report total $30,014.00. Attachment: Attachment "A" - Vlf.rite-Off Report January 1 to August 31, 2005 I "" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 Attachment "A" .... 0 '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- '- c ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. " " " " ? ? " " " " ? ? " " " " " " " " " ? " " " " ? 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()() o 0 ~ ~ ~ ~ ~~ 0.:0.: 0> 0> roro <> <> ()() o 0 ~ ~ ~ '" ~~ ao: 0> '" roro <> <> III .. or " " lD "T1 o ~ a - ~ o 3 '"ll .. lC lD '" '" '" '" o N '" '" ... '" '" "' '" ,,)> ;1 !> x ;;0 Q. 0 5 3 ~, 3 !. ~ ~!!: "' g: ~.. .!: 'Tl :!. 3!!: g: ;r a (i; !: a )> "'T1 .9: -< g 5i m i!" ~ <> " .. 0> .. l>0 " ~ '2.0 ir it a ~. Q. ~ c .. i!" " .. ; o ~ :E ~ ~ .. "ii::E ~ ... :7;: m "00 !!: .. 0' .. <>;:U o CD 7"'" L 0 ~ ;:I. Si ~ '< c en 0' )> ~ <C ~ i!l ::i '" o o E! CI~illglOn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, NOVEMBER 14,2005 Resolution #: Report #: FND-018-05 File#: By-law #: Subject: CASH ACTIVITY - THIRD QUARTER OF 2005 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-018-05 be received; 2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act. S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2005, as shown on the attached schedule; and 3. THAT Part "An of the expenditures for the third quarter of the year be confirmed. Submitted by: .. /t?/ ,~o/ N'ahcy iayJ6r, B.B. ., CA. Director of Finance. . ~~ c /,1 \7 Reviewed bY~ . - ~k Franklin Wu, Chief Administrative Officer. NTIAAlhjl REPORT NO.: FND-018-05 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the third quarter of 2005, the cash investment position, the taxes receivable position and the comparative information for the month ending September 30, 2005. Statistical information, transit revenue and expenditure schedule is for the third quarter of 2005. Attachm:'>nts: Attachment A - Analysis of Revenue and Expenditures - Third Quarter of 2005 Attachment B - Continuity of Taxes Receivable - As at September 2005 Attachment C - Statistical Information - As at September 2005 - Transit Revenue and Expenditure - As at September 2005 Attachment 0 - Investments Outstanding - As at September 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Analysis of Revenue and Expenditures for the Third Quarter of the Year 2005 PART "A" Third Quarter Third Quarter 2005 2004 REVENUE RECEIVED FOR GENERAL OPERATING f'\ND RESERVE FUND PURPOSES: GENERALJrAX PAYMENTS RECEIVED 36,980,524 36,643,874 LINEAR PROPERTIES 2,122,438 1,917,717 PITS & QUARRIES. L1CENSEloEES 213,731 223,352 PROVINCE. COMMUNITY REINVESTMENT FUNDING . 29,000 CANADIAN WASTE. RENT AND ROYALTIES 42,423 38,705 PET SMART DONATION FOR SPAYINEUTER PROGRAM 10,000 DONATION.CLARINGTON MINOR LACROSSE.LACR.BOWL 10,000 . DEVELOPr...~ENT CHARGES--~~I\IICIPAL 2,067,263 956,847 DEVELOPMENT CHARGES.REGION 2,709,084 1,272,433 DEVELOPMENT CHARGES.SCHOOL BOARD 347,547 138,391 INTEREST 437 153 439211 44930162 41669530 USE OF FUNDS: PAYROLL 4,494,586 4,126,183 REGION LEVY 21,397,375 12,124,336 SCHOOL BOARD LEVIES . 4,722,141 GENERAL.INCLUDING CAPITAL EXP'" 27 590 452 14824169 53482413 35 796 809 NET CASH PROVIDED (USED) 18 552251 5872 721 . BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: JUN. 30 2005 !IUSED SEP.30 2005 SEP. 30 2004 GENERAL FUND 21,576,072 (10,845,616) 10,730,456 16,105,937 RESERVE FUND 633,482 541,734 1,175,216 2,669,747 MUNICIPAL BOND INVESTMENTS 2,630,656 27,419 2,658,075 2,549,688 HOST COMMUNITY FUND IN TRUST 10,000,000 . 10,000,000 10,000,000 INVESTMENTS (GENERAL + RESERVE FUNDS) 50 355 700 1 724212 52079912 65755849 OTALS 85195,910 f8 552 251 76 643 659 97,081,221 BANK BALANCES AS AT: JULY 31 2005 JULY 31 2004 AUG.31 2005 AUG. 31 2004 GENERAL FUND RESERVE FUND MUNICIPAL BOND INVESTMENTS 6,056,060.54 890,330.51 2 640 025.46 19,316,363.00 2,058,211,00 2531 628.00 5,409,750.31 991,907.73 2649256.18 17,701,087.00 2,884,014.00 2 540793.00 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. ORPORATION OF THE MUNICIPALITY OF CLARINGTON ntinuity of Taxes Receivable or the Third Quarter of the Year 2005 June 30, 2005 BEGINNING BALANCE INTEREST RECEIVABLE ADDED TAXES BILLED BALANCE PREPAID TAXES CURRENT YEAR TAXES 7,744,753 30,973,283 38,718,036 PENALTY AND INTEREST 72,506 218631 291137 FIRST PRIOR YEAR TAXES 2,269,954 134,965 2,404,919 PENALTY ANC.~INTEREST 184019 77 564 261 583 SECOND PRIOR YEAR TAXES 969,367 36,807 1,006,174 PENALTY AND INTEREST 138 872 32 344 171216 HIRD & PRIOR YEARS TAXES 1,106,153 0 1,106.153 PENALTY AND INTEREST 581 802 36621 618423 OTAL 13067427 365160 31,145,055 44 577 642 Includes refunds, write-offs, 496's, etc. NOTE 1: Tax payments do not tie into Part A due to timing differences since Part A is on a cash basis (ie. difference due to outstanding deposits) PAYMENTS IADJUST.... PART "B" 8,590,039 147,480 1,889,035 217145 958,751 162 998 1,092,260 593 590 13651298 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C" , STATISTICAL INFORMATION for the Third Quarter of the Year 2005 Year to Date Tax Certificates 266 721 Number of Properties eiigible for Tax Reoistration (see Note ,1) 29 .. see Note 2 Accounts Payable Che~ues Issued #071161 to #073035 1,579 5,042 Transit Total Adult Ridership 8,120 28,687 Transit Total Student F{i!:lership 9,963 65,079 Transit Total Sr./Chilo Kidership 2,086 7,351 Transit Total Ridership Across Region (Durham "0' 249 705 Transit Total Transfers 1,244 5,188 Number of Births Reoistered 3 12 Number of Deaths/Stillbirths Reoistered 102 414 Note 1: Only includes those properties whose arrears are greater than $20,000. Note 2: Number of eiigibie properties for tax registration not applicable for year-to-date comparison. TRANSIT REVENUE AND EXPENDITURE for the Third Quarter of the Year 2005 Year to Date REVENUE TRANSIT REVENUE 45,906 162,858 EXPENSES MISCELLANEOUS OPERATING 3,553 26,093 TRANSIT CONTRACT 187,225 564,577 OPERATING (LOSSI/GAIN (144,872' (427,812 CAPITAL EXPENDITURES 0 0 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART "0" AS AT SEPTEMBER 30, 2005 I FINANCIAL INVESTMENT INTERES # OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND TD 1,995,320.00 2.76% 31 2,000,000.00 Oct. 13/05 TD 1,996,000.00 2.82% 26 2,000,000.00 Oct. 26/05 SCOTIA BAN 5,999,059.68 2.92% 77 6,000,000.00 Dec. 15/05 TOTAL GENERAL FUND RESERVE FUND RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 01/06 RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15106 RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 01/06 RBC 4,180,000.00 3.75% 365 4,180,000.00 June 30/05 RBC 495,186.85 4.00% 1171 561,500.00 Jun. 06/06 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 01/08 RBC 739,938.86 3.55% 1704 869,800.00 Oct. 05/09 RBC . 1,450,000.00 4.10% 366 1,450,000.00 Dec. 01/05 RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC 500,000.00 3.25% 1827 595,239.37 June 21/08 RBC 481,878.00 4.45% 1827 599,072.41 Mar. 04/08 RBC 868,578.00 4.10% 1098 979,853.00 Apr. 03/06 RBC 970,000.00 3.20% 372 970,000.00 Mar. 19/06 RBC 500,000.00 6.75% 1095 578,782.97 June 21/04 RBC . 1,815,962.00 5.00% 1825 1,815,962.00 Feb. 07/07 RBC 1,482,702.57 5.50% 1825 1,487,000.00 Feb. 13/06 RBC . 1,480,000.00 4.20% 366 1,480,000.00 Feb. 10/06 RBC 208,000.00 4.35% 1830 257,351.00 May 12/08 RBC . 550,000.00 4.00% 730 550,000.00 Oct. 14/06 RBC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15108 RBC 733,772.63 3.85% 1980 900,445.00 Jun. 02/10 RBC 499,999.38 4.00% 1182 567,343.00 Jul. 26/06 RBC . 2,061,000.00 4.00% 365 2,061,000.00 Dec. 03/05 RBC 1 ,000,000.00 4.15% 1096 1,129,738.22 Apr. 10/06 RBC 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07 RBC' 906,000.00 4.10% 730 906,000.00 Sep. 29/06 RBC 372,440.00 4.40% 1826 461,912.00 May 28/09 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 1,579,021.90 2.45% 365 1,617,707.94 Oct. 25/05 TO 2,344,665.50 2.77% 30 2,350,000.00 Oct. 19/05 RBC 3,796,000.00 3.75% 365 3,796,000.00 Jul. 29/06 TOTAL RESERVE FUND TOTAL INVESTMENTS . 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