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HomeMy WebLinkAbout09/18/2006 i Energizing Ontario GENERAL.PURPOSE AND ADMINISTRATION COMMITTEE DATE: SEPTEMBER 18, 2006 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 September 5, 2006 301 4.(a) PRESENTATION Patrick Puccini of URS Canada Inc— Consultant Project Team- Update on Highway 35 Four-Lane Planning & Preliminary Design Study (b) DELEGATIONS No.Delegations 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-03 501 Applicant: James Tosswill Report: PSD-097-06 (b) Application For Draft Plan of Condominium 503 Applicant: St. Stephen's Estates Inc. Report: PSD-098-06 6. PLANNING SERVICES DEPARTMENT (a) PSD-097-06 — Zoning By-Law Amendment to Rezone from 601 Rural Cluster Agricultural Zone Applicant: James Tosswill and Emily Wilson CORPORATION OF THE MUNICIPALITY OF CLARINGTO 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T (905) 623-33i G.P. &A- Agenda - 2 - September 18, 2006 (b) PSD-098-06— Application for a Plan of Condominium 608 Applicant: St. Stephen's Estates Inc. (c) PSD-100-06 —Application for a Removal of Part Lot Control 614 Applicant: 2044356 Ontario Limited (Palacka) (d) PSD-101-06 — Soper Creek Sub-Watershed Management Plan Study 620 and Darlington Mills Subdivision Environmental Impact Study (e) PSD-102-06— Declaration and Sale of Surplus Property 627 (f) PSD-103-06 — Confidential Report regarding a Property Matter (Distributed Under Separate Cover) (g) PSD-104-06 Clarington Green Community Strategy 631 7. ENGINEERING SERVICES DEPARTMENT No Reports 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-009-06 — Monthly Response Report— June to September 2006 901 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-018-06— Shortage of Justices of the Peace within Durham Region 1101 (b) CLD-019-06 — Animal Services Quarterly Report— 1109 April to June, 2006 (c) CLD-020-06— Quarterly Parking Report 1112 12. CORPORATE SERVICES DEPARTMENT (a) COD-049-06 — Joint Health and Safety Committee — Revised Terms 1201 of Reference for the Structure & Function of a Multi- Workplace Joint Health and Safety Committee w G.P. & A. Agenda . 3 - September 18, 2006 (b) COD-050-06 OMERS Support Fund 1226 (c) COD-051-06- 2006 Tree Maintenance and Stump Grinding Contract 1230 (d) COD-052-06 — CL2006-49, Port of Newcastle Waterfront Trail 1232 (e) COD-053-06 — CL2006-50, Asphalt Resurfacing,Various Streets, 1240 Contract 2 (f) COD-054-06 - CL2006-52, Access Construction - Strathaven 1249 Lifecare and 280 King Street East Driveway Improvements, Bowmanville 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) ADM-05-06 — Durham Strategic Energy Alliance 1401 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT i j on General Purpose and Administration Committee Minutes September 5, 2006 Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, September 5, 2006 at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director, 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 Department, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Administrative Assistant to the Clerk, C. Fleming Clerk II, Barb Boffey Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Mayor Mutton spoke briefly to a recent statement in the Orono Times regarding funds stolen from the Garnet B. Rickard Arena. The Director of Community Services, the CAO and the Director of Finance confirmed there was no theft. Further, Mayor Mutton requested the CAO to arrange a meeting with the Durham Regional Police Services and a representative of the newspaper to initiate an investigation concerning the alleged incident. 301 General Purpose and Administration Committee Minutes September 5, 2006 MINUTES Resolution #GPA-301-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on June 19, 2006, be approved. CARRIED PRESENTATION There were no presentations. DELEGATIONS Resolution #GPA-302-06 Moved by Councillor Trim, seconded by Councillor Pingle THAT the Agenda be altered to add Peter Smith, Enrico Pistritto, Elaine Groen, Gail Chahley, Wayne Chahley, Kathy Derhak, Barbara Norton, and Glenda Gies to the list of delegations. CARRIED Murray Walton withdrew his request and did not appear to address the Committee. Richard Ward appeared before the Committee with respect to By-law 2001-141. Mr. Wand stated there was no merit for passing the By-law and perceives himself as being wrong done. Tony Volpentesta, Planning Consultant, on behalf of Peter Smith, appeared before the Committee with respect to Report PSD-093-06, Committee of Adjustment File 2006- 0024. Mr. Volpentesta stated he does not support the appeal because the Committee of Adjustment process was fair, letters of support were filed, no major planning issues have been identified, and to proceed with the appeal would undermine the Committee of Adjustment's purpose. Enrico Pestritto appeared before the Committee regarding PSD-093-06. Mr. Pestritto provided a history of his brother Ken's farming and produce activities. He believes, based on support from neighbours and customers, that the decision of the Committee of Adjustment to permit sales from 2210 Highway 2, Maple Grove, should not be appealed by Council. -2 - 302 General Purpose and Administration Committee Minutes September 5, 2006 Elaine Groen, appeared before the Committee with respect to Report PSD-093-06, Committee of Adjustment File 2006-0024. Ms. Groen stated she supports maintaining the existing location of the vegetable stand. She stated there have never been any issues with respect to the vegetable stand location or traffic and the produce is fresh. Ms. Groen supports the applicant and would like to see sales continue. Gail Chahley appeared before the Committee with respect to Report PSD-093-06, Committee of Adjustment File 2006-0024. Ms. Chahley stated she lives near the vegetable stand, and to her knowledge there have not been any traffic jams or accidents resulting from the location of this vegetable stand. She stated the produce is clean, the property is well maintained, Mr. Pestritto is very personable, and there is plenty of parking. Ms. Chahley would like to see the stand opened up again. Wayne Chahley was not in attendance. Kathy Derhak appeared before the Committee with respect to ReportPSD-093-06, Committee of Adjustment File 2006-0024. Ms. Derhak stated she is a friend of the owner and she vouched for the owner's character and professionalism. Ms. Derhak further stated she was there to express her support of maintaining the vegetable stand location. Barbara Norton was not in attendance. Glenda Gies, President, Port Darlington Community Association Inc. (PDCA) appeared before the Committee with respect to Addendum #2 to EDG-050-04. Ms. Gies pointed out two areas of concern the PDCA has regarding the proposed revision to the West Beach area of the Port Darlington Waterfront Park Conceptual Master Plan. The PDCA believes there is potential for non-residents to stroll from the new West Beach park onto private property and they anticipate inappropriate late night use of the park. Glenda_ Gies suggested restricting road access to West Beach park between the hours of 11:00 pm and 7:00 am, ensuring recycling and garbage containers be situated in West Beach park along with regular collection, the western edge of Bowmanville Creek outlet be restored as part of park development, and that the historical value of any existing buildings to be potentially demolished be investigated with Mr. Charles Tawes of the Bowmanville Museum. Councillor Schell chaired this portion of the meeting. - 3 - 303 General Purpose and Administration Committee Minutes September 5, 2006 PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law 84-63 and Draft Plan of Subdivision Applicant: Maria Wulczyn, First-Tech Mechanical Systems Inc. and Percy Napper Report: PSD-088-06 David Crome, Planner, Planning Services, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-088-06. No one spoke in opposition to or support of Report PSD-088-06. Matthew Johnstone of Weston Consulting Group, representing the applicant, was present to address any concerns of the Committee, but did not speak to Report PSD-088-06. (b) Subject: Application to Amend Zoning by-law 84-63 Applicant: Murray Visser Report: PSD-090-06 Carlo Salazar, Planner, Planning Services, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-090-06. No one spoke in opposition to or support of Report PSD-090-06. Murray Visser was present to address any concerns of the Committee. He confirmed that there was sufficient room in the parking area to accommodate a designated handicapped parking space. (c) Subject: Applications to amend Zoning By-law 84-63 and Draft Approved Plans of Subdivision Applicant: Foster Creek Developments, 2083302 Ontario Limited, and Robert J. Stephenson Report: PSD-089-06 David Crome, Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-089-06. Grant van Dyken spoke in opposition to the application. Mr. van Dyken is an area resident and is concerned about increased traffic and noise, accidents and the building of the bridge. He filed a petition signed by area residents in opposition to the bridge extension. -4 - 304 General Purpose and Administration Committee Minutes September 5, 2006 Melody Austin-Wood spoke in opposition to the application. Ms. Austin-Wood is concerned about the congestion, noise, pollution, accident potential and losing the Newcastle Village appeal. Sherri Farrell spoke in opposition to the application. Ms. Farrell is an area resident and is concerned about the small lot size, increased construction and noise, congestion and stated that more infrastructure would be required. Cameron Mountenay spoke in opposition to the application. Mr. Mountenay is a long-time resident of the area concerned about the increased traffic, increased noise, and anticipates the bridge becoming a local "hang-out' that will fall victim to graffiti. Mr. Mountenay also expressed concerns with the significant change in the proposed number of houses. Jim Barchard spoke in opposition to the application. Mr. Barchard, an area resident, is concerned about the building and maintenance of the bridge, increased traffic, housing density, and lack of sidewalks. He further commented on the necessity for the storm water to be monitored and maintained and questioned who would take responsibility for this. Mr. Barchard suggested the application be sent back to staff for further consideration. Richard Wichett spoke in opposition to the application. Mr. Wichett is a long-time resident, and is concerned about the increase in traffic, as well as the pond overflow which flows onto his property. Mr. Wichett stated there could be a potential for contamination and consequently, negative health impacts to his family. Mabel Low spoke in opposition to the application and stated she did not receive any notification. Ms. Low is concerned about the increase in traffic and the significant loss of farmland. Tracy Howe spoke in opposition to the application. Tracy is concerned about the increase in traffic and the proposed increase in housing density. Chris Barber spoke in opposition to the application. Chris is concerned about the increase in traffic. He requested that consideration be given to incorporate measures to deter people from 'taking the short cut" through the neighbourhood. No one spoke in support of Report PSD-089-06. Kevin Tunney, Tunney Planning Inc., on behalf of the applicant, stated they will continue to work with staff in addressing the concerns raised by the area residents. - g - 305 General Purpose and Administration Committee Minutes September 5, 2006 PLANNING SERVICES DEPARTMENT REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS TO PERMIT MEDIUM DENSITY RESIDENTIAL USES APPLICANT: MARIA WULCZYN, FIRST-TECH MECHANICAL SYSTEMS INC. AND PERCY NAPPER Resolution #GPA-303-06 Moved by Mayor John Mutton, seconded by Councillor MacArthur THAT Report PSD-088-06 be received; THAT the revised rezoning and draft plan of subdivision applications submitted by Weston Consulting Group Inc. on behalf of Maria Wulczyn, First-Tech Mechanical Systems Inc., and Percy Napper be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; and THAT all interested parties listed in Report PSD-088-06 and any delegations be advised of Council's decision. CARRIED PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISIONS AND RELATED REZONING APPLICANT: FOSTER CREEK DEVELOPMENTS, 2083302 ONTARIO LIMITED, AND ROBERT J. STEPHENSON Resolution #GPA-304-06 Moved by Councillor MacArthur, seconded by Mayor Mutton THAT Report PSD-089-06 be received; THAT the proposed Amendment to Draft Approved Plan of Subdivisions 18T-89059 and S-C-2000/001 and Zoning By-law Amendment, submitted by Foster Creek Developments, 2083302 Ontario Limited, and Robert J. Stephenson to permit the development of 676 residential units (136 additional units to the 540 units draft approved) be referred back to staff for further processing and the preparation of a subsequent report; and THAT the applicants, Region of Durham, all interested parties listed in Report PSD-089- 06 and any delegations be advised of Council's decision. CARRIED -6 - 306 General Purpose and Administration Committee Minutes September 5, 2006 REZONING TO PERMIT A PROFESSIONAL OFFICE WITHIN AN EXISITING BUILDING APPLICANT: MURRAY VISSER Resolution #GPA-305-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-090-06 be received; THAT provided that no significant issues are raised at the public meeting, the application to amend the Zoning By-law submitted by Murray Visser be approved and that the Zoning By-law Amendment attached to Report PSD-090-06 be adopted by Council; and THAT all interested parties listed in Report PSD,090-06 and any delegations be advised of Council's decision. CARRIED AMENDMENT TO LEGAL AGREEMENT REGARDING THE PORT HOPE PROJECT Resolution #GPA-306-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-091-06 be received; THAT the Agreement to amend the Agreement between the Corporation of the Municipality of Port Hope, the Corporation of the Municipality of Clarington, and her Majesty the Queen in Right of Canada as represented by the Minister of Natural Resources be approved; THAT the By-law attached to Report PSD-091-06 authorizing the Mayor and Clerk to sign the Agreement to amend the Legal Agreement for the Port Hope Area Initiative, be adopted; and THAT a copy of Report PSD-091-06, Council's decision, and the signed By-law be forwarded to Natural Resources Canada and the Municipality of Port Hope. CARRIED -7 307 General Purpose and Administration Committee Minutes September 5, 2006 CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-307-06 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Confidential Report PSD-092-06 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 20, AUGUST 3, AUGUST 17, 2006 Resolution #GPA-308-06 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-093-06 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on July 20, August 3, August 17, 2006 for applications A2006-0017, A2006-0023, A2006-0025, and A2006-0027 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on August 3, 2006 for application A2006-0026 is not warranted; THAT Council does not concur with the decisions of the Committee of Adjustment made on August 17, 2006 for application A2006-0024 and that Council confirm its support of the appeal to the Ontario Municipal Board launched by Staff; and that Council authorize Staff to defend its original position at the Ontario Municipal Board; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on August 17, 2006 for application A2006-0028 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. (See following motion) . 8 - 308 General Purpose and Administration Committee Minutes September 5, 2006 Resolution #GPA-309-06 Moved by Councillor Pingle, seconded by Mayor Mutton THAT the Recommendations contained in Report PSD-093-06 be divided to separate paragraphs 1, 2, 3 and 5 from paragraph 4. CARRIED Paragraphs 1, 2, 3 and 5 were then put to a vote and CARRIED. Resolution #GPA-310-06 Moved by Councillor Pingle, seconded by Mayor Mutton Paragraph 4 of Report PSD-093-06 be replaced with the following paragraph: "THAT Council concurs with the decisions of the Committee of Adjustment made on August 17, 2006 for application A2006-0024 and that Staff be directed to withdraw the appeal to the Ontario Municipal Board concerning application A2006-0024. CARRIED Paragraph 4 was then put to a vote and CARRIED. REPORT ON SITE PLAN ACTIVITIES (JANUARY—JUNE 2006) Resolution #GPA-311-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-094-06 be received for information. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: KAITLIN GROUP LTD. Resolution #GPA-312-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-095-06 be received for information; THAT the request for removal of Part Lot Control with respect to Lot 33 on 40M-2214 be approved and that the Part Lot Control By-law attached to Report PSD-095-06 be passed pursuant to Section 50 (7.1) of the Planning Act; and -9 - 309 i General Purpose and Administration Committee Minutes September 5, 2006 THAT all interested parties listed in Report PSD-095-06, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED ADOPTION OF AMENDMENT 114 TO THE DURHAM REGION OFFICIAL PLAN Resolution #GPA-313-06 Moved by Councillor Foster, seconded by Councillor Pingle THAT Report PSD-096-06 be received; THAT Council request the Region to delete Supplemental Attachment 1 — Requested Changes to the Greenbelt; THAT in the event that Regional Council resolves to incorporate a Supplemental Attachment on the Greenbelt, any changes proposed in the Municipality of Clarington be deleted; THAT Council request the Region to postpone any decision on Future Growth Areas either by Supplemental Attachment 2 or new policies on Future Growth Areas, until the implementation and conformity exercise on the Growth Plan in order to allow the Region and area municipalities the opportunity to assess the impacts of the Growth Plan on land requirements, urban form, and the opportunities for creating transit supportive, complete communities; and THAT this resolution be forwarded to the Region of Durham, area municipalities in Durham Region, the Ministry of Public Infrastructure and Renewal and Ministry of Municipal Affairs and Housing and any interested party listed in this report. CARRIED AS AMENDED LATER IN THE MEETING (See following amending motion) Resolution #GPA-314-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Recommendation 4 to PSD-096-06 be amended by inserting "with the exception of the lands on the east side of Bowmanville (Ridge Pine Park Lands)" after the word "THAT" in the first line. CARRIED Councillor MacArthur chaired this portion of the meeting. - 10 - 310 General Purpose and Administration Committee Minutes September 5, 2006 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE 2006 Resolution #GPA-315-06 Moved by Councillor Pingle, seconded by Councillor Foster THAT Report EGD-039-06 be received for information. CARRIED APPOINTMENT OF BUILDING INSPECTOR Resolution #GPA-316-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT report EGD-040-06 be received; THAT Adam Carter be appointed as Inspector for the Municipality of Clarington effective September 12, 2006 and that his name be added to Schedule 'A' of By-Law 2005-145; THAT John Preston be deleted as Inspector for the Municipality of Clarington effective September 12, 2006, and that his name be deleted from Schedule 'A' of By-Law 2005- 145; THAT Duane Tyte be deleted as Inspector (Fire Prevention)for the Municipality of Clarington effective September 12, 2006, and that his name be deleted from Schedule 'A' of By-Law 2005-145; and THAT the appropriate by-law be forwarded to Council CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY 2006 Resolution #GPA-317-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Report EGD-041-06 be received for information; CARRIED - 11 - 311 General Purpose and Administration Committee Minutes September 5, 2006 RIVER VALLEY ESTATES SUBDIVISION PHASE 5, BOWMANVILLE LD-99-227-2319 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution#GPA-318-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-042-06 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40R-19553; and THAT Council approve the by-law attached to Report EGD-042-06, assuming certain streets within Plans 40RA 9553 and 40R-14228 as public highways. CARRIED PROVISION OF CONSULTING ENGINEERING SERVICES GREEN ROAD— BASELINE ROAD TO ASPEN SPRINGS DRIVE, BOWMANVILLE Resolution #GPA-319-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Report EDG-043-06 be received; THAT the engineering services and project construction be provided through The Kaitlin Group and that the construction be tendered in conjunction with the development work in order to take advantage of volume pricing; THAT Purchasing By-law 2006-127, paragraph 15.07 be waived for this project; and THAT the award of the construction be subject to satisfactory pricing being received and the approval of the Director of Engineering Services. CARRIED CANADA-ONTARIO MUNICIPAL RURAL INFRASTRUCTURE FUND INTAKE THREE — PORT DARLINGTON NEIGHBOURHOOD, SECONDARY ACCESS ROUTE Resolution 4GPA-320-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report EGD-044-06 be received by Council; - 12 - 312 General Purpose and Administration Committee Minutes September 5, 2006 THAT the Municipality submit an application for funding to the Canada-Ontario Municipal Rural Infrastructure Fund — Intake 3; THAT the works listed in the Port Darlington Neighbourhood, Secondary Access Route contained in Report EGD-044-06 continue to be endorsed as the Municipality's highest priority project per COMRIF Intake 2 , however modified to identify additional benefits, and included in the application; THAT Report EGD-044-06 be forwarded to the Canada-Ontario Municipal Rural Infrastructure Fund Joint Secretariat; and THAT the Engineering Services Department proceed with the preparation and submission of the Canada-Ontario Rural Infrastructure Fund application, including all supporting documentation. CARRIED PORT DARLINGTON WATERFRONT PARK CONCEPTUAL MASTER PLAN Resolution #GPA-321-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Addendum # 2 to EGD-050-04 be received; THAT Committee recommend to Council approval of the revised West Beach Conceptual Master Plan for Port Darlington Waterfront Park; THAT Committee recommend to Council approval of the cost estimate for the West Beach Conceptual Master Plan and refer it for consideration in a future Capital Budget; and THAT all interested parties listed for Report Addendum#2 to EGD-050-04 and any delegations be advised of Council's decision. CARRIED WAIVER OF PARKING FEES FOR VETERANS Resolution #GPA-322-06 Moved by Mayor Mutton, seconded by Councillor Trim WHEREAS the Ministry of Transportation, in cooperation with the Royal Canadian Legion, offers the opportunity for an Ontario Veteran Plate to be issued to any person who has honourably: - 13 - 313 i General Purpose and Administration Committee Minutes September 5, 2006 • Seared in WWII or in Korea during the Korean War as a member of any of the following: the Canadian Forces, an allied force, the Merchant Navy or the Ferry Command; • Served for a minimum of three years in the Canadian Regular Forces (may still be serving); • Served for a minimum of three years of actual paid duty (1095 days) in the Canadian Reserve Forces or has been awarded the Canadian Decoration; • Served in NATO operations or as a member of the United Nations peacekeeping force as a member of any of the following: the Canadian Regular or Reserve Forces, the Royal Canadian Mounted Police or another Canadian police force, or an allied force; • Served in the Vietnam War in the forces of the United States or its allies during this war and who was a Canadian citizen at the time of such services; AND WHEREAS the Council of the Municipality of Clarington deems it appropriate to acknowledge the services of our veterans; NOW THEREFORE BE IT RESOLVED THAT vehicles bearing a Province of Ontario Veteran's plate, shall be exempt from paying any applicable parking fees within the Municipality of Clarington; and THAT the appropriate by-law be forwarded to Council. CARRIED OPERATIONS DEPARTMENT There were no Reports considered under this section of the Agenda. EMERGENCY & FIRE SERVICES DEPARTMENT There were no Reports considered under this section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no Reports considered under this section of the Agenda. CLERK'S DEPARTMENT There were no Reports considered under this section of the Agenda. Mayor Mutton chaired this portion of the meeting. - 14 - 314 General Purpose and Administration Committee Minutes September 5, 2006 CORPORATE SERVICES DEPARTMENT PAY EQUITY REVIEW — CONSULTANT'S FINDINGS AND PHASE 2 PAY EQUITY PLAN REVISION Resolution #GPA-323-06 Moved by Councillor Schell, seconded by Mayor Mutton THAT Report COD-044-06 be received; THAT the Review Report of the existing Pay Equity Plan by D & G Dudar Consultants, be received; THAT the Chief Administrative Officer be authorized to include a pre-budget approved amount of$30,000 (inclusive of GST), in the 2007 Administration Consulting account, for the purpose of proceeding with the development and implementation of revised Pay Equity Plans and Questionnaires, for Union and Non-Affiliated Employees, including the Library; THAT the CAO be authorized to engage Consultants to undertake Phase 2 of the Pay Equity review, by developing a revised plan beginning early 2007; THAT the suspension of the pay equity job review process approved by report COD-65- 05, be lifted; THAT the existing Pay Equity Plan job review process continue essentially in its current form with Supervisory Approval Criteria established by the CAO, until the revised pay equity plan and process is put into effect; THAT during the transition period until the revised pay equity plan is in place, any recommendations by the Pay Equity Committees regarding adjustment to compensation be approved by the CAO; THAT, the recommendations put forward by the Consultant, essentially as outlined in the body of this report, be approved for incorporation as appropriate in the future pay equity maintenance process; THAT the CUPE President be provided a copy of Report COD-044-06 for the purpose of reviewing the content with the Union members; THAT the CAO be authorized to seek input from the Union President, for the revision of the Pay Equity Plan for Unionized employees, which will be posted as a revised plan at the conclusion of the review; - 15 - 315 General Purpose and Administration Committee Minutes September 5, 2006 THAT the Library Executive Director be provided a copy of Report COD-044-06 for information and opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and THAT, at the conclusion of the review, the CAO be authorized to post the revised Non- Affiliated Pay Equity Plan as an amended plan for comment by the Non-Affiliated group as required under the ACT. CARRIED ONTARIO REALTY CORPORATION LEASE AGREEMENT Resolution #GPA-324-06 Moved by Councillor Pingle, seconded by Councillor Trim THAT Report COD-045-06 be received; THAT the Lease agreement (Schedule "A" to Report COD-045-06)with the Ontario Realty Corporation in the amount of$10,500.00 per annum for a two (2) year term be approved; and THAT the By-law attached to Report COD-045-06 marked Schedule "B" be approved authorizing the Mayor and the Clerk to execute the necessary agreement. CARRIED CONFIDENTIAL REPORT REGARDING A LEGAL MATTER Resolution #GPA-325-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT Confidential Report COD-046-06 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED SUPPLIER INFORMATION NIGHT Resolution #GPA-326-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report COD-047-06 be received for information; CARRIED - 16 - 316 General Purpose and Administration Committee Minutes September 5, 2006 TENDER AWARDS SUMMER COUNCIL BREAK Resolution #GPA-327-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report COD-048-06 be received; THAT the By-law attached to Report COD-048-06, marked Schedule "B", authorizing the Mayor and Clerk to enter into the necessary agreement be approved. CARRIED FINANCE DEPARTMENT ANNUAL LEASING REPORT— 2005 Resolution #GPA-328-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report FND-012-06 be received for information. CARRIED ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31, 2005 Resolution #GPA-329-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Report FND-013-06 be received; and THAT a copy of Report FND-013-06 be sent to the Minister of Municipal Affairs and Housing. CARRIED CASH ACTIVITY— SECOND QUARTER OF 2006 Resolution #GPA-330-06 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report FND-014-06 be received; - 17 - 31 7 General Purpose and Administration Committee Minutes September 5, 2006 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 second quarter of the year 2006, as shown on the schedule attached to Report FND-014-06; and THAT Part "A" of the expenditures for the second quarter of the year be confirmed. CARRIED CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no Reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-331-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the delegation of Richard Ward regarding By-law 2001-141, as amended, and the motive for passing the by-law, be received for information. CARRIED OTHER BUSINESS Mayor Mutton spoke briefly to recent newspaper articles concerning his education and provided further information to correct that which had been printed. SHORTAGE OF JUSTICES OF THE PEACE WITHIN DURHAM REGION Resolution#GPA-332-06 Moved by Councillor Robinson, seconded by Councillor Schell WHEREAS there is a shortage of Justices of the Peace in Durham Region; and WHEREAS matters are being dismissed by the Courts as a result of this shortage, thus negatively impacting the law enforcement process in Clarington, NOW THEREFORE BE IT RESOLVED THAT correspondence be issued to the Attorney General and the Premier of Ontario requesting additional Justices of the Peace to be appointed to the Courts in the Region of Durham; and THAT a copy of the correspondence be forwarded to Mr. Brian Roy, Solicitor, Region of Durham, Mr. John O'Toole, MPP, The Association of Municipal Clerk's and Treasurers of Ontario, the municipalities within Durham Region, and the Regional Senior Justice. CARRIED - 18 - 318 General Purpose and Administration Committee Minutes September 5, 2006 Resolution #GPA-333-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting be "closed" to allow for consideration of a confidential property matter and a legal matter. CARRIED The meeting resumed in 'open" session at 9:08 pm. RATIFY ACTIONS Resolution #GPA-334-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT the actions taken at the "closed" meeting be ratified. CARRIED ADJOURNMENT Resolution #GPA-335-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the meeting adjourn at 9:10 p.m. CARRIED MAYOR DEPUTY CLERK - 19 - 319 PUBLIC MEETING CORPORATION OF THE REPORT $ PSD1097-06 IALL/ a(e/■l�lly, MUNICIPALITY OF CLARINGTON JAMES TOSSWILL Leading the Way NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: JAMES TOSSWILL AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by James Tosswill would permit agricultural uses,specifically the keeping of horses,on the subject property. The subject property is located in Part Lot 5, Concession 7, former Township of Clarke, at 7254 Langstaff Road, Kendal as shown on reverse. Planning File No.: ZBA2006-0021 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development The public meeting will be held on: DATE: Monday,September 18,2006 TIME: 9:30 a.m. PLACE: Council Chambers,a 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 September 25", 2006, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 20"', 2006 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 adlion of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2 Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor,40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Susan Ashton at(905) 623-3379 extension 218 or by e-mail at sashton(ftlarington.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. Dated ic' li of Clarington this 4"'day of August,2006. d me, M.C.I.P., R.P.P. 40 Temperance Street irector of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 501 N71 050,00012 203.02m w o EI E &D E ;; LO NCO oVN n zI z Z � f C4 E ch uiio ,� Z o W I or N79°08'30°E °fn E rN9 N co I LL 23.47m Q 22 10 {q N E O Z Z I N Existing Dwelling C4 z � ^ M � g 8.?3m'Wid R g6t f�y Y _ z N8q°02'30°E 184.7srq I I I i I — — — — — — — — — — — — — I Property Location Map(Former Clarke Twp. ■ LIM NJ 1 . IIG lea t ZBA 2006-0021 ZONING BY-LAW AMENDMENT Owner: James Tsswell and Emily Watson N O LO PUBLIC MEETING REPORT B PSD—b98-06 ST. STEPHENS ESTATE INC. CORPORATION THE Cr�81( ■■■/fffll■■■f MUNICIPALITY OF F CLARINGTON Leaning the woy NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: ST.STEPHEN'S ESTATES INC. AN APPLICATION FOR DRAFT PLAN OF CONDOMINIUM APPROVAL TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed draft plan of condominium, under Section 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed draft plan of condominium submitted by St Stephen's Estates would permit condominium tenure for the common elements(private streets and parkette)in the approved site plan for 40 townhouse units. The subject property is located in Part Lot 8, Concession 2, former Town of Bowmanville, at 265 Sprucewood Crescent, Bowmanville as shown on reverse. Planning File No.: C-C-2006-0002 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development The public meeting will be held on: DATE: Monday,September 18,2006 TIME: 8:30 a.m. PLACE: Council Chambers,2 n 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, September 25, 2006,commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, September 20, 2006 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the Draft Plan of Condominium, you must submit a written request to the Clerk's Department, 2n° Floor,40 Temperance Street, Bowmanville,Ontario L1C 3AB. 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, 3d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Bob Russell at(905)623-3379 extension 341 or by e-mail at brussell@clarington.net APPEAL If a person or public body that files a notice of appeal of a decision on the proposed Draft Plan of Condominium to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Draft Plan of Condominium is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at t Clarington this 41'day of August, 2006. avid Cro e, M. . .P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 0 03 !I MEARNS AVENUE ROM AUDWMM BOWUM LOTS 6 AM 6 BLOCK BB 1v Aa BLOCK 91 1s+.a�mo rN PAN 1 1 PAW Z s g x a x >G Y C # u PMTS r NO PA"4 A C • • PART 70 InTI . PMf__6 m ^�C3 0 O m • PAffT 71 - P.Af 7 G ; • y • PAffF 27 •n . PART 6 • O • PMTb :_ . Pm6 • 70 • � PART 10 'y r PMT a ;y m • �"" N O rri Z --{ 1 PART 11 P&Ti ba N M L' Y N pin PMT 14 _ LOT 7 L04Tm 74 LOT 2,,w LOT 72 LOT 71 PUX— ti I yN � I y nnn.� �NnnNN O O+ 4 y M MEARNS AVEMUE O p f m o A H e n. z m r w 0 1 v Fo 4 o ° no W O i 1 m m o m 3 < m � � a � < n v 504 i Clar1n�}�W. /Il Leading the Wuy�J REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18, 2006 Report#: PSD-097-06 File #: ZBA 2006-0021 By-law#: Subject: ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILL AND EMILY WILSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-097-06 be received; 2. THAT the application be referred back to Staff for further processing and a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by:� D vi . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/df September 12, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 601 i REPORT NO.: PSD-097-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: James Tosswill and Emily Wilson 1.2 Rezoning: To rezone the subject lands from the "Rural Cluster Exception (RC- 2) Zone" to an Agricultural zone to permit the keeping of livestock. 1.3 Site Area: 2.74 ha 2.0 LOCATION 2.1 The subject lands are located at 7254 Langstaff Road (Attachment 1). The property is contained within Part Lot 5, Concession 7, in the former Township of Clarke. 3.0 BACKGROUND 3.1 On July 7, 2006, the applicantlowner submitted an application to the Municipality of Clarington to rezone the subject lot at 7254 Langstaff Road to permit the keeping of horses on the property. The applicant intends to have fields for grazing horses, and at this time does not intend to construct a barn or any other agricultural building. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Currently there is a single detached dwelling located on the subject property. The property has been identified by the Ganaraska Region Conservation Authority as having some lands within the Provincially Significant Kendal Wetland Complex (PSW). The horses are currently contained in paddocks in the rear yard of the dwelling, outside the PSW. 4.2 Surrounding Uses: North: existing rural cluster lot—vacant South: ' existing rural cluster lot—vacant East: agricultural. West: agricultural 5.0 PROVINCIAL POLICIES 5.1 Provincial Policy Statement The Provincial Policy Statement 2005 (PPS) states that prime agricultural lands are to be protected and that development and site alteration shall not be permitted in significant wetlands. 602 i REPORT NO.: PSD-097-06 PAGE 3 5.2 Greenbelt Plan The Greenbelt Plan identifies the subject property as Protected Countryside and being Natural Heritage System. The Natural Heritage System is an area with a high concentration of Key Natural Heritage Features and Key Hydrologic Features, which include both significant woodlands and wetlands. This property contains both a significant valleyland and a provincially significant wetland. New development or site. alteration is not permitted in key hydrologic features and key natural heritage features. The applicant is not proposing to impact or rezone the natural feature. This application is seeking to rezoning the property into conformity with the Regional and local Official Plans, which do not contain a Cluster designation. 6:0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Permanent Agricultural Reserve" in the Durham Region Official Plan. The Regional Official Plan does not recognize the rural cluster zoning, as the policies of this plan do not permit rural clusters within Permanent Agricultural Reserve designations. 6.2 The.lands are designated "General Agricultural" in the Clarington Official Plan. A Rural Residential Cluster symbol was proposed in the Clarington Official Plan during the Oak Ridges conformity exercise (Amendment No. 34). However, the Region, as the approval authority, modified OPA 34 to delete the cluster designation prior to approval of the conformity amendment. The Official Plan recognizes a. portion of the site as a Significant valleyland, and a Provincially Significant Wetland (PSW). Any development in or within 120 metres of a significant woodland or a significant natural heritage feature requires an Environmental Impact Study (EIS). As noted above, this is not "development" in the sense of buildings intensifying the property. There are existing pasture areas on the property, the existing dwelling is located between the pasture and the wetland and the pasture area appears to be fenced on all four sides, restricting access from the pasture to the wetland area. An EIS is required. The Clarington Official Plan allows Council to recognize in the Zoning By-law, legally existing uses which do not conform to the provisions of the Official Plan. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Rural Cluster (RC)". The applicant has requested to permit agricultural uses, specifically the keeping of horses for summer grazing. 603 REPORT NO.: PSD-097-06 PAGE 4 7.2 The rural cluster use on the subject property was established in 1983, by amendment to the Township of Clarke Zoning By-law, By-law 1592 (May 23, 1968). This amendment zoned the property "Agricultural Exception (A-15) which permitted one single family. dwelling per lot, building and structures accessory there to, on lots a minimum of 1.94 ha in area. Two areas noted as Block 1 and Block 2 in the zoning amendment, prohibited buildings, structures, septic tanks and tile beds on those lands within Blocks 1 and 2. The current zoning by-law indicates these lands as Environmental Protection (EP), which also prohibits and buildings or structures in this area. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 8.2 One submission was received regarding this report. A neighbouring property owner is in strong objection to this application. This is a long established rural residential cluster and the neighbour does not consider the introduction of livestock advisable. Since the horses have arrived in late June of 2006 they have noticed a substantial increase in the number of flies at their dwelling. The property does not appear large enough to accommodate the seven (7) horses they have noted grazing. The fencing is inadequate as the horses have been noted in a neighbouring cash crop field. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Engineering Services, the Clarington Building Division, and the Regional Health Department. There were no objections. 9.2 Comments have also been received from Ganaraska Region Conservation Authority. Their review of the application noted the following — that a portion property is located within a Provincially Significant Wetland (PSW), the Kendal Wetland Complex and a portion of the property is within a Regional Storm flood plain. 9.3 Comments are outstanding from the Regional Planning Department. 10.0 STAFF COMMENTS 10.1 The current owner, Mr. Tosswill, purchased the property in 1999. At that time the property was vacant. A building permit was obtained for a dwelling with an attached garage, and the building was constructed later that same year. The ortho photo below indicates the location of the dwelling and it's proximity to the creek, as well as the limits. of the Environmental Protection Area designation. 604 REPORT NO.: PSD-097-06 PAGE 5 zsA 20"21 2005 Ortho Photo 10.2 The subject property is subject to a right-of-way for a means of access to the farm property located to the west of the subject lot, at 7222 Langstaff Road. The laneway is evident located along the south property line in the photo above. 10.3 The applicant has indicated that at this time there is no intention to construct any farm buildings to house the horses. His intent through the rezoning application is to permit the horses to graze on the property. 10.4 A site inspection of the property noted that the pasture/corral area in which seven (7) horses are contained is enclosed with an electrical fence. The area appeared to be cordoned into two (2) distinct areas with horses in each. At this time the ground was bare and dusty, with a weedy area near the right-of-way at the south property line. 11.0 RECOMMENDATION 11.1 It is recommended that the application be referred back to staff for further processing. 605 i REPORT NO.: PSD-097-06 PAGE 6 Attachments: Attachment 1 — Key Map Interested parties to be notified of Council and Committee's decision: James Tosswill & Emily Wilson Paul Freddy Fitze 606 E I n 0 N M e m z m O N71°50'00"E 203.02m W W o SEIE ED Z Z F N E obi N79e08'30"E o N V) E 23.47rn � N N io I m E z Z Existing Dwelling e 8.23m WId- f y .� z a N�`02'30"F 18q.7 m 0 W LL LL Fa-- Z i Property Location Map(Former Clarke Twp.) ZBA 2006-0021 ZONING BY-LAW AMENDMENT Owner: James Tosswill and Emily Wilson L X M a 0 a _ ch y 00 o3 me V O ^ rn s ■ 7 sfI Ilr Iwo■ RUC11 111 ZBA 2006-0021 ZONING BY-LAW AMENDMENT Owner: James Tosswill and Emily Wilson L X M a 0 a _ ch y 00 o3 me V O ^ rn Iarin n `�.i. REPORT Leading the Way PLANNING SERVICES ?UBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18, 2006 Report#: PSD-098-06 File #: C-C-2006-0002 By-law#: Subject: APPLICATION FOR A PLAN OF CONDOMINIUM APPLICANT: ST. STEPHEN'S ESTATES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-098-06 be received; 2. THAT the Draft Plan of Condominium application, submitted by St. Stephen's Estates Inc. be APPROVED and the Director of Planning Services be authorized to issue Draft Approval under The Planning Act , subject to the conditions as contained in Attachment 2; 3. THAT a copy of Report PSD-098-06 be forwarded to the Durham Region Planning .Department; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: Da d Crome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer CS/BR/CP/DJC/df 12 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 608 REPORT NO.: PSD-098-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: St. Stephen's Estates Inc. 1.2 Draft Plan of Condominium Application: To permit 40 townhouses in a Common Elements Draft Plan of Condominium 1.3 Site Area: 1.464 hectares (3.618 acres) 1.4 Condominium Plan Area: 0.450 hectares (1.112 acres) 2.0 LOCATION 2.1 The subject lands are located at 253 Spruoewood Crescent, Bowmanville (Attachment 1), more specifically identified as Block 81 in 40M-2048, being in Part Lot 8, Concession 2 in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On July 20, 2006, the applicant received site plan approval for forty (40) townhouse units. The owner has submitted application to the Municipality of Clarington to permit common element condominium for the private streets and the parkette. Building permits are currently under review by the Building Division. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject property is a vacant block (81) in Plan of Subdivision 40M-2048 registered on June 27, 2001. The subject property is adjacent to Mearns Avenue and has frontage on Sprucewood Crescent. A single access point is approved from Sprucewood Crescent only. 4.2 Surrounding Uses: North - single detached dwelling and accessory buildings South - single detached dwellings East - single detached dwellings West - vacant, cultivated crops 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. The application appears to conform. 609 i REPORT NO.: PSD-098-06 PAGE 3 5.2 Within the Clarington Official Plan, the lands are designated Urban Residential with a Medium Density Symbol. Medium Density development shall proceed at 31-60 units per net hectare. The application for plan of condominum conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The block is currently within the "Urban Residential Type Three (R3) Zone". The R3 zone permits the proposed development which conforms to the zoning provisions. 7.0 PUBLIC MEETINGS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. A Public Meeting sign was installed on each of the two frontages, Mearns Avenue and Sprucewood Crescent. 7.2 As of the writing of this report, there was one telephone inquiry regarding the application. The caller wanted to know the purpose of the application. It was explained the application concerned tenure and not physical development which was already approved through site plan control. No objection to the application was voiced. 8.0 AGENCY COMMENTS 8.1 Comments were received from a number of agencies through the site plan approval process prior to issuing site plan approval. In addition the application for condominium was circulated to a limited number of agencies. 8.2 The Engineering Services Department has no concerns. Verbal discussions with Durham Region Planning have advised there are no concerns. 9.0 STAFF COMMENTS 9.1 A site plan agreement with the Municipality of Clarington detailing items such as the location of buildings, private streets, parking spaces and landscaping features has been executed by the applicant. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland dedication was made through the plan of subdivision. Staff has no objection to the approval of the application for Plan of Condominium. 9.2 The services have been installed and the private roads have been paved. 610 i REPORT NO.: PSD-098-06 PAGE 4 9.3 The Owner is aware that the Municipality shall require a site plan amendment to implement the Conditions of Draft Approval contained in Attachment 2. The Owner has reviewed the attached conditions and concurs with them. 10.0 CONCLUSIONS 10.1 The purpose of the report is to both satisfy the requirements for a Public Meeting under the Planning Act, and based on comments contained in this report, also to respectfully recommend that the Draft Plan of Condominium application, submitted by St. Stephen's Estates Inc. be APPROVED, subject to the attached Conditions of Draft Approval contained in Attachment 2. Attachment 1 — Key Map - Condominium Plan Attachment 2 — Conditions of Draft Approval Interested parties to be noted of Council and Committee's decision: John Perdue, Legends Consulting Domenic Porretta, St. Stephen's Estates Inc. 611 VIE ii a 11IM��_ . ... ... . . : Attachment 2 To Report PSD-098-06 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF CONDOMINIUM C-C-2006-0002 1. The Owner shall have the final plan prepared on the basis of approved Draft Plan of Condominium C-C-2006-0002 prepared by Donevan Fleischmann Petrich Ltd., identified as Job Number 2005-052-1, which illustrates the Common Elements of the St. Stephen's Estates Block 81 Townhousing Complex, namely: the private streets, the parkette and the visitor parking areas. 2. The Owner shall agree to amend the existing Site Plan Agreement with the Municipality of Clarington to address all matters, financial and otherwise, and to ensure that all works on site are completed to the satisfaction of the Municipality of Clarington. All matters shall include, among other matters, the execution of an Amendment to the Site Plan Agreement between the Owner and the Municipality of Clarington concerning such matters as follows: permitting the northerly extension of the east private street, if deemed to be required by the Municipality of Clarington, to service the remaining lands of the neighbourhood (to the north), and maintenance of the common elements of the private streets, the parkette and the visitor parking areas. 3. Prior to final approval of this Plan of Condominium for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Condition 1 was satisfied. NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the Conditions of Draft Approval in an expeditious manner. The Conditions of Draft Approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All Plans of Condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 4. At such time as the draft approval is in effect, the Owner is required to provide digital copies of the draft approved plan and Conditions of Draft Approval to the Region of Durham Planning Department and the Municipality of Clarington Planning Services Department. 613 I • i REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18, 2006 Report#: PSD-100-06 File #: ZBA2005-0038 By-law#: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 2044356 Ontario Limited RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-100-06 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots on 40M-2316 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and 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: Reviewed by: v Y Dav d rome, M.C.I.P., R.P.P. Franklin Wu Director of Planning Services Chief Administrative Officer CS/CP/DJC/dffjd September 11, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 614 i i REPORT NO.: PSD-100-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 2044356 Ontario Limited 1.2 Location: Part Lot 11, Concession 2, Bowmanville 1.3 Part Lot Control Removal: Lots 1 to 18 of 40M-2316 (Attachment 1). 2.0 BACKGROUND 2.1 On August 5th, 2005, Staff received applications from the owners of the above-noted property to amend Draft Approved Plan of Subdivision, 18T-89070, Rezoning to Remove the Holding, and Removal of Part Lot Control with respect to Lots 1 to 18 on the plan of subdivision once registered. 2.2 Plan of subdivision, 40M-2316, was registered on June 6, 2006. On June 26`h the Holding (H) prefix was removed by By-law 2006-132. 3.0 COMMENTS 3.1 The Planning Act gives authority to a Municipality to remove part lot control in a plan of subdivision to permit a person to convey a part of any lot or block of land. 3.2 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.3 In accordance with the procedures established in the delegation of Part Lot Control By- laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law. 4.0 RECOMMENDATION 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 1 to 18 on Plan 40M-2316. 4.2 Staff recommends that the By-law be in force for a five (5) year period, following Council approval, ending September 25, 2011. 615 i REPORT NO.: PSD-100-06 PAGE 3 Attachments: Attachment 1 — Key Map Attachment 2 — Unit Type and Number Summary Table Attachment 3 — By-law for Removal of Part Lot Control Interested parties to be notified of Council and Committee's decision: 2044356 Ontario Limited Kevin J. Tunney Inc. 616 ' '°i°IIIII!II _ �ii(;.��%I �_ 1111111111111\n uuffi1� I .O _= 111111 11111!1111 � � 11111 ��= M1M1rr::--1 _ IIIIIIIIIIIIII//_I • .� \II .\� 5 Illlillilllllt►\\E`s p��ffnun►O�►� — —IIIIIIIII�! ���Illuuunntl. o 1, p� _C 11111 i �.1 Attachment 2 To Report PSD-100-06 PART'.LOT CONTROL EXEMI'71C3N B x s UNIT TYPE AND NUMBER SUIVIMA�t1'�181� Registered Plan 40M-2316 File: ZBA 2005-038 Lots Affected Unit Type & Number Results Lots 1 to 18 Semi-detached dwelling, 36 units No change TOTAL 36 Units 618 Attachment 3 To Report PSD-100-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a by-law to exempt a certain portions of Registered Plan 40M-2316 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 1 to 18 of 40M-2316, registered at the Land Titles Division of Durham (No.40); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lot 1 to 18 of 40M-2316 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in. force for a period of five (5) years, beginning September 25, 2006 and ending on September 25,2011. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 619 i REPORT Leadtng the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18, 2006 Report#: PSD-101-06 File #: PLN 17.13.1 By-law M SUBJECT: SOPER CREEK SUBWATERSHED MANAGEMENT PLAN STUDY AND DARLINGTON MILLS SUBDIVISION ENVIRONMENTAL IMPACT STUDY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-101-06 be received; 2. THAT the Planning Services Department be authorized to proceed with the Soper Creek Subwatershed Study as outlined in this report to be used as background information for the Clarington Official Plan Review; and 3. THAT Council resolve that the Future Development Lands in north and east Bowmanville proceed by Secondary Plan subsequent to the completion of the Clarington Official Plan Review. Submitted by: Reviewed by. DavidJ. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer Submitted by: 4&'I n A.S. Cannella, C.E.T. Director of Engineering Services COS*DJC*sn*df September 11, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830 620 i REPORT NO.: PSD-101-06 PAGE 2 1.0 BACKGROUND Over the last number of years, property owners and developers of lands located in the Soper Creek Watershed within the Bowmanville Urban Boundaries have shown a strong interest in proceeding with residential developments. These lands are located mainly east of the Creek and to the north of Concession Road 3. Our planning policies require a subwatershed study before considering development of these areas. The lands are designated Living Areas in the Regional Official Plan. The Clarington Official Plan designates these areas Future Urban Residential and Environmental Protection, with one exception. The lands on the west side of Lambs Road between Highway 2 and Concession Street, owned by Far Sight Investment (Bob & Rick Schickendanz) is currently designated Urban Residential (see Attachment 1). 2.0 CLARINGTON OFFICIAL PLAN POLICIES The Principles adopted by Council in the Clarington Official Plan call for sustainable development that considers ecosystem integrity and the cumulative impacts of development. Furthermore, the Principles place emphasis on energy conservation and the need to create healthy communities through public involvement and excellence in urban design. The plan also refers to the need for growth management practices that preserve our natural heritage, phased development to encourage compact form, and efficient use of infrastructure. The Plan further details policies for the protection and enhancement of the community's natural attributes and "supports the need to undertake multi-stakeholder watershed planning studies in order to protect the integrity of ecological and hydrological functions". In addition, the Plan's Stormwater Management Policies are designed to manage the cumulative impacts of development on streams; based on these policies, the municipality is required to prepare a subwatershed plan prior to granting approvals to any draft plan of subdivision. The subwatershed study is also a requirement for neighborhood design plans and environmental impact studies. 3.0 SOPER CREEK SUBWATERSHED MANAGEMENT PLAN The findings of the proposed Soper Creek Subwatershed Study will inform of the Clarington Official. Plan Review when considering the Future Urban Residential Designation. The deliverables of the Study will also meet the requirements for subwatershed and environmental impact studies required as part of the application by Far Sight Investments for the development of the Schickendanz lands. The proposed Soper Creek Subwatershed Study encompasses areas beyond the urban boundaries of Bowmanville. The Central Lake Ontario Conservation Authority and staff agree that the study should cover the areas identified as Soper Creek Main and East Branches in the Bowmanville/Soper Creek Watershed Aquatic Resource Management Plan of September 2000. (See Attachment 2) 621 i REPORT NO.: PSD-101-06 PAGE 3 The Soper Creek Subwatershed Plan will need to address the emerging directions of the Places to Grow — Growth Plan for the Greater Golden Horseshoe, for increasing densities in new greenfield areas. Based on these considerations, the timing for the development of the lands designated Future Urban Residential will subject to the outcome of the Clarington Official Plan Review and will only proceed through Secondary Plans once Council adopts the revised Official Plan. It is recommended that the terms of reference be broadened to include a component to review the effectiveness of existing stormwater management ponds in the subwatershed and to make recommendations to improve their design, maintenance and operational effectiveness. 4.0 DARLINGTON MILLS — FAR SIGHT INVESTMENTS LIMITED On Monday, November 21, 2005, Council held the public meeting for the application by Far Sight Investments to subdivide the lands east of Soper Creek and north of Highway 2 into 422 residential dwellings. The report was referred back to staff for further processing and the preparation of a subsequent report; as part of the report, Staff recommended to Council the preparation of a subwatershed study for the area. In preparing the Terms of Reference we have met with representatives of Far Sight Investments and they have agreed that the subwatershed component of their application be part of the Soper Creek Subwatershed Study. Since their lands are already designated Urban Residential in our Official plan, we have structured the Terms of Reference to allow the Darlington Mills project to proceed with a more detailed subwatershed and environmental analysis. As these analyses are project specific, Far Sigh Investment will cover the costs. The developers will simultaneously continue to refine their subdivision plan that will . include their commitment to the trail system and alternatives to land use compatibilities with the Bowmanville Zoo. Staff has also agreed that for the Darlington Mills project there is no need for a Financial Impact Study, and the Neighborhood Design Plan will be limited to the integration of the subdivision into the urban structure through trail, parks, and roads. 5.0 PROJECT FUNDING The 2005 Development Charges report included the Soper Creek Subwatershed Study in the General Government — Growth Related Studies Section to take place between the 2005-2014 period. The projects is estimated to cost about $300,000. Development Charges will fund 90% while the remaining 10% will come from the Planning Services consulting budget. The funds will cover consultants' fees, communication material, public meeting costs and other associated costs like newspaper advertisements. The components of the Study required for Schickendanz lands will be covered by Far Sight Investments. 622 REPORT NO.: PSD-101-06 PAGE 4 6.0 PROJECT SCHEDULE Staff recommends initiating the project this year with a Call for Proposals followed by selection of the consultants early in the new year. As watershed plans require four seasons of data collection and coordination with the Official Plan review, we estimate completion of the project by 2009, with an earlier completion date for the components required as part of Schickendanz application. This time period also allows us to have a comprehensive public participation process. A Steering Committee comprising Planning, Engineering and CLOCA staff would be formed. A Community Stakeholder Group comprising residents and developers in the Study Area, representatives of the agricultural and environmental interests and a member of Council will also be established to provide input into the study process. Staff will be working closely with the Central Lake Ontario Conservation Authority in finalizing the Terms of Reference, consultant selection, and throughout the study process. We have met with the Central Lake Ontario Conservation Authority staff and they support this approach. (See Attachment 3) Once we finalize the Terms of Reference, we will advertise for proposals using the Municipality's purchasing procedures. 7.0 CONCLUSIONS It is recommended that the Planning Services Department be authorized to Call for Proposals for the Soper Creek Subwatershed Study ; and that the project be funded primarily through Development Charges. The Environmental Impact Study component would be 100% funded by Far Sight Investments Ltd. Attachments: Attachment 1 - Bowmanville Urban Area Attachment 2 - Soper Creek Subwatershed Study Area Attachment 3 - Letter from Central Lake Ontario Conservation Authority 623 0 Wll ZR Rk O�rl Y L � � � • (:f � z3.am w O P t'l. inn �119 O O e z � F - "0 / ot �z'"�'tws./:CLS4 J- riYdyf: L .+ -i tiC 3 - ' 1"S'.N�t-uA�.t!?ti i«t.- �y YxE,.11� _• v \ i a - i�, Re pH:. uz -T, Al jr f;;o "7V- t- 94 �'N 1 T Li r .33 T. t A f M. ;s� E c v IV r I'Al "0 tt-, J� �IN v m 4 r K 10M,M il x 711 P1 vm \l 0 • "T �4 YV Wm\ MNvt,�-, V, N�L.kt�,% V.kLll,� A Q,k '13�%111L A V� t�t 0" 4 Nm v VNI 77� � LL jg _N _�l TI NA,NN ark'It 3 1 Fs Pt �X AV N, A v T 'S" Ak 5., 4,0 ip I z 44 L"7Nz,IpO r '10",F1 `ce 117,1 -pv tr L R -7- (77 Q" A & 5k se YW k- T3 ­ V -4 4� Watershed Bound, 1A X. Soper Creek Sub watershed Study Boundary 625 MUCtT a nci u v To Report PSD-101-06 100 Whiting Aveouo "� Central Oshawa, Ontario L1 H 3T3 Lake Ontario Tel: (905) 579-0411 Conservation Fax: (905) 579-0994 Web:www.cloca.com Email: mail@cloca.com Member of Conservation Ontario July 25,2006 Municipality of Clarington JUL 2 7 1006 Planning Services Department 40 Temperance Street MUNICIPALITY OFCLARINGTON Bowmanville,ON L1C 3A6 PLANNING DEPARTMENT Attention: Mr.Carlos Salaszar Dear Sir: Subject: Soper Creek Subwatershed Study Schickedanz Lands File:S-C-2005-002(PSDG849) & ZBA 2005.0041 (PZOG1496) Authority staff are in receipt of two documents prepared by Semas Associates on behalf of Schickedanz Bros. in support of their development proposal. One outlines a study for the subdivision (Darlington Mills) property and the other is for the larger surrounding area. Staff has been in discussion with both the consultant, land owners and the Municipality on a number of occasions regarding an approach to ensure that the appropriate studies are undertaken prior to development within the Soper Creek Watershed and to facilitate development within a timely manner. It has been suggested by Municipal staff that one study may be the best option. The appropriate details to set the parameters for future development and/or future study within the Subwatershed, while at the same time, development specific details regarding the Darlington Mills property can be ascertained keeping within the larger subwatershed context. R is anticipated that this approach could avoid a duplication of efforts. The development specific conditions of development could be extracted from the Subwatershed study and perhaps the development of the Darlington Mills subdivision could proceed slightly ahead of the completion of the Subwatershed study if it pleases the Municipality. The above represents our understanding of the Municipally preferred approach to the completion of Soper Creek Subwatershed Study and the development of the Darlington Mills subdivision. Should there be misinterpretations please do not hesitate to contact me, otherwise we offer no objection to this approach. Authority staff look forward to assisting with the upcoming Subwatershed Study,should it so please the Municipality. Yours truly, /a Lisa Backus,MSa Planner V LB/bb cc: Nick Mensink,P.Eng.,Sernas Associates Richard Schickedanz,Far Sight Investments Ltd. Leslie Benson,P.Eng.,Municipality of Clarington g:/planning/planning/conunents/Soper Creek Subv atershed Study/SoperCreek initial letter - What we do on the land is mirrored in the water ��26 Clarin��/W// �n Leading the WoyV REPORT PLANNING SERVICES Meeting: General Purpose and Administration Committee Meeting Date: Monday, September 18, 2006 Report#: PSD-102-06 File #: RE 6.13.6 By-law M Subject: DECLARATION AND SALE OF SURPLUS PROPERTY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-102-06 be received; and 2. THAT Council declare, by By-law, the property identified as 3289 Trulls Road, Part Lot 30, Concession 3, former Township of Darlington, as surplus and offered for sale. Submitted by: Reviewed by: Davi . Crome, MCIP, R.P.P. Franklin Wu, Direct r of Planning Services Chief Administrative Officer IUDJC/df 11 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 627 REPORT NO.: PSD-102-06 PAGE 2 1.0 BACKGROUND 1.1 By-law 95-022, being a by-law to establish procedures governing the sale of real property, states that from time to time the Director of Planning Services may: identify real property that should be declared surplus; report to Council recommending that Council declare the particular real property to be surplus property and set out the reason why it should be declared to be surplus property; and advise that at least one appraisal of the fair market value of the real property should be obtained before Council decides to sell or exchange or transfer the real property, unless an appraisal is not required under the Municipal Act. 1.2 In November of 2001 the Municipality acquired a property located at 2611 Trulls Road for a new fire station in Courtice. The site was developed and the new station has been operational since 2005. The former fire station at 3289 Trulls Road, as shown on Attachment 1, was subsequently closed. 1.3 The Director of Emergency and Fire Services has indicated that his Department has no further use for the property. No other Department has identified a use for the lands or buildings. 2.0 COMMENTS 2.1 No municipal use has been identified for the former fire station. It is recommended that the property be declared surplus. 2.2 The Chief Administrative Officer has been in negotiations with the Region with respect to using the property for an EMS station and will report to Council in due course once negotiations are concluded. Attachments: Attachment 1 — Location map Attachment 2— Surplus Property By-law 628 m �a-„" B �'+i- - €�ia� :` * '„'�`" t•aK` ay�” ` °a�'1`ate[<:-aa ..;" e .3 f° = _ s � � �c °ii�,�emy��'A _ ,� 'fix.'°. °t 'roa •�.;, 'Y' o <'-++''1 �3 ie''�'` ""�{�;,. `�' ' 4 , �'4� .• \§ ya.r . crtro Ail) }e° i $ + s tTa 1 4 3 P.�pa y 4+� �y��6`a1 i ee?I•ggN+�dW�jtW'�,�p wy�s__x f�b }�i,•5��1�v� ew .., [gam + a`st€ 'S' g @qa d 4 G81Ac #4-"� '7��'�' h� `�'� k it �`i4 ��.. �xhT 3tii4 1.a.�.ERR s �,�r mm+^xs <u n � � I!�• � , . �+. m4} E`s �'4°` fie*•y4,* i �c giro? CEe z La s,C i 4 r4 -fir♦ ;L°4x¢- ' p y' r\ `t'd' 1 ee.'+�. F` t xa�i, gam• ;' F 12. 3TFa�.• :�i e� : T-$ t° a F Yom.? e,s' 1 t V4$ n }t, 7 f � � • tt [ +5� 3 ��' L�:a•!3. �'ac.s ��.$i 5s �*� �Y t �A-s ro, � � ��'w��E ��� � � r��}�r. �ro�°rr.. a ! � e:r • i t � ' Y [ � caps d, �,ti F` <; Ti vk a i4 4,; s ®" ` ..�.ro-.: c3 a au.... • d E d -L y 1 _I y� �� 0� 4� � '�5+�'3 n^.�l®I # _ g`" a ,3€ .. „ w § •. 777, , yL1, Z€ c. � '� w.. � � � C..�$�� i is ; 1.c t � .•"F sg �p Ay�� .d'"'4> �>4�`. ,wn.;S•"-. S 6�snr �<"�r• . � rbA°.?r'� _ � 4 k, :� �.—� a>h xrree? #a s--"! Fs' "i' } 't# .w+ 4— 4 d ` 1` c�a3 'g4 +� Y`'° �' +€L W♦ B Pr e�• S��>` ,' Attachment 2 To Report PSD-102-06 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2006- being a by-law to declare the lands more particularly described as 3289 Trulls Road, Part Lot 30, Concession 3,former Township of Darlington,to be surplus NOW THEREFORE BE IS RESOLVED,that the Council of The Corporation of the Municipality. of Clarington enacts as follows: 1. The lands more particularly described as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077, Part Lot 9, Concession 2,former Town of Bowmanvilie, as identified on Schedule 1,are hereby declared surplus. 2. Schedule 1 attached hereto forms part of this by-law. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 630 REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE Date: Monday, September 18, 2006 Report#: PSD-104-06 File #: PLN 14.1 By-law#: Subject: CLARINGTON GREEN COMMUNITY STRATEGY RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-104-06 be received; 2. THAT Council endorse a Community Committee appointed by Council for the development of a Green Community Strategy; 3. THAT Staff and the Clarington Board of Trade be authorized to prepare detailed Terms of Reference and conduct a community survey as outlined in the report;and 4. THAT the Municipality match the contribution of $2,500 from The Clarington Board of Trade to complete the Survey. Submi ed by. �`"�'x'—� Reviewed by: David J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer COS/DJC/sh September 13, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 631 REPORT PSD-104-06 PAGE 2 1.0 BACKGROUND 1.1 Ontario Enemy Supply Mix On December 9, 2005, the Ontario Power Authority (OPA) released the Supply Mix Advice Report. This report presents recommendations of to the Minister of Energy on options for the future development of Ontario's electricity system. It responds to a request from the Minister on May 2, 2005 for advice on the appropriate mix of electricity supply sources to satisfy the expected demand in Ontario, taking into account conservation targets and new sources of renewable energy out to 2025. Subsequently in early 2006, the Provincial Government decided to implement some of the recommendations ,of the report including exploring the expansion of nuclear generating stations. Given the economic development benefits to the community, the Mayor requested the Business Development Manager to look at the option of establishing a Community Committee to support the expansion of the Darlington Facility. The Business Development Manager established a staff working group with the Communications (Jennifer Cooke) and Planning Services (Carlos Salazar) Staff. The Working group then met with the President of the Clarington Board of Trade, the Chair of the Board's Economic Development Committee, and the Manager of Public Affairs — OPG Darlington. From our meetings with OPG, they informed us of their time frame for refurbishing and new build as follows: 2014 Estimated Life Expectancy of Pickering Reactors ; An Environmental Assessment has begun for the refurbishing of Pickering B reactors; The first refurbishment of Pickering B to start in 2012; • The estimated remaining life expectancy of Darlington's reactors is between 2018-2020; The Environmental Assessment for the refurbishing of Darlington is anticipated to start in 2007; and If approved, New Build would commence in 2017-2018. The Environmental Assessment processes for both the refurbishment and new build at Darlington have as one of the key criteria community participation and the willingness of the community support these projects. 1.2 CBOT Economic Development Strategy The economic development importance of the refurbishing and expansion of Darlington is reflected in the Clarington Board of Trade Economic Development Strategy. Through communications with the membership of the CBOT, members have clearly indicated the need for a broader program on energy conservation and green energy sources. 632 i REPORT PSD-104-06 PAGE 3 1.3 Places to Grow Plan The Places to grow plan was enacted by the Provincial Government and came into effect on June 16, 2006.The Places to grow Plan directs municipalities to: "2.4 A Culture of Conservation 1. Municipalities will develop and implement official plan policies and other strategies in support of the following conservation objectives: b) Energy conservation, including— i. energy conservation for municipally owned facilities Y. identification of opportunities for alternative energy generation and distribution ill energy demand management to reduce energy consumption iv. land-use patterns and urban design standards that encourage and support energy-efficient buildings and opportunities for cogeneration." 1.4 Case Studies of Other Communities The working group undertook research of other communities in Ontario with similar goals of creating a sustainable community. We found that the municipality in partnership with the business community plays an active role in each of their initiatives dealing with energy conservation and development incentives. One example is the Town of Caledon which has established a taskforce 'committed to reducing greenhouse gas emissions, smog, other harmful air pollutants and climate change. Our mission is to give residents, business owners and municipal operations managers, easy ways to achieve cleaner air, a healthier environment and better way of life." More information can be found at: http://www.coolcaledon.org/. Some of the community projects being implemented by COOL Caledon are: • Electricity Doctor Home Visits • Tree Stewardship • Transportation Alternatives • Wind Power • Alternative Energy Sources • Public Awareness, including a School Program Another municipal example is Municipality of East Gwillimbury where Council adopted a Municipal policy directing developers of residential developments of ten or more units to construct them to energy star qualification. East Gwillimbury is also considering the adoption of Leadership in LEED standards for all new industrial, commercial, and institutional developments in the Town. 633 i REPORT PSD-104-06 PAGE 4 1.5 Clarington's Current Initiatives The Municipality is currently analyzing the cost-benefit of making the Newcastle Library a "green building" under the LEED (Leadership in Energy and Environmental Design) Green Building Rating System. In addition, the Municipality is looking into an overall energy conservation program for its facilities. Council has also approved agreements with the developers of the proposed Home Depot in the West Bowmanville Town Centre Area. The agreements call for the building to be LEED Certified. Staff is also promoting green development principles with the other developers of the West Bowmanville Town Centre. In recognition of the economic development prospects of the energy and environment sector, Council has designated lands for the development of the Clarington Energy Business Park. Council has adopted a 50% reduction of the development charges once the building is certified LEED in the Energy and Science and Technology Business Parks. Staff will also be meeting with the Canadian Urban Institute as part of the Green Building Alliance to consider land-use patterns and urban design standards that encourage.and support energy-efficient buildings as part of the Neighbourhood Design Plans currently being prepared. The Green Community Stratgey Policies will inform the upcoming review of Clarington's Official Plan. The working Group and other staff will be meeting with the CEO of the Conservation Bureau and the Director of Policy of the Ontario Power Authority. The purpose of the meeting is to explore joint projects on energy conservation and sustainability initiatives to make Clarington a leader in this area. 2.0 CONCLUSION 2.1 Based on our consultations, feedback from the membership of the CBOT, and our research of green energy and developments, The Working Group respectfully recommend to Council to support the establishment a Community of Council to prepare the Green Community Strategy. This would include the preparation of a community survey with a cost of$5,000. 2.2 The detailed Terms of Reference for the Committee, the process, and the results of the survey would be presented to the new Council as part of their orientation. 634 Clari�gton Leading the Way. - REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 18, 2006 Report#: ESD-009-06 File # 10.12.6 By-law# - Subject: MONTHLY RESPONSE REPORT-JUNE TO SEPTEMBER 2006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-009-06 be received for information. .` 3ubmi d by: Reviewed by: J ` &-a_ Gordon Weir, AMCT, CM 111 Franklin Wu. Director Emergency & Firle Services Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-65U6 901 REPORT NO: ESD-009-06 PAGE 2 BACKGROUND AND COMMENT. 1. BACKGROUND 1.1 Our report covers the months June, July, and August 2006. 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 919 calls during this period and recorded total fire loss at $361,000. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report 902 CLARINGTON EMERGENCY &FIRE SERVICES ACTIVITY REPORT Period: June 1, 2006 00:00:00hrs to August 31, 2006 23:59:59hrs CALL TYPES -VOLUME BY STATION STATION 1 STATION 2 STATION 3 STAT?DN 4 STATION 5 TOTALS CALL TYPE Bowmanville Newcastle Orono Courtice Enniskillen PROPERTY FIRE CALLS 12 5 1 9 I 4 31 includes structure, chimne , vehicle miscellaneous e. .. furniture, clothin , etc UNAUTHORIZED BURNING 19 9 0 9 8 45 (burning complain FALSE FIRE CALLS 89 11 6 33 6 145 includes alarm activations-accidental/malicious, human-perceived erne encies check calls e. . investi ate an odor PUBLIC HAZARD CALLS 43 10 2 33 3 91 includes propanelnatural as leaks, fuel/chemical s ills war lines down/arcin , C.O. leaks etc. RESCUE CALLS 36 12 17 24 11 100 includes vehicle extrications/accidents, commerciaUindustrial accidents, home/residential accidents, water/ice rescues MEDICAL ASSIST CALLS 1 213 63 26 98 13 413 includes assistance to ambulance personnelwith respiratoryand resuscitation emer encies MISCELLANEOUS CALLS 42 1 14 6 1 29 3 94 incidents not found, assistance not re 'd b other a encies call cancelled on route, etc. TOTALS 454 124 58 235 48 919 DOLLAR LOSS #of Fire Calls 12 5 1 1 9 4 31 Dollar Loss$ $335,300 $7,500 $8,000 $200 $10,000 $361,000 VOLUNTEER STANDBY RESPONSES #of Standbys-Calls 24 1 0 1 0 1 17 1 0 41 #of Standbys- Trainin 0 0 0 0 0 0 2006 MONTHLY CALL VOLUME BY STATION Vn. F Mar. Apr. May. Jun. Jul. Au . Se . Oct. Nov. Dec. STATION 1 126 138 119 143 156 155 0 0 0 0 1068 STATION 2 22 49 33 34 37 53 0 0 0 0 291 STATION 3 18 10 21 24 15 19 0 0 0 0 156 STATION 4 89 76 69 73 77 85 0 0 0 0 601 STATION 5 15 15 8 13 16 19 0 0 0 0 99 2215 TOTALS 243 245 270 288 250 287 301 331 0 0 0 0 2215 2005 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. STATION 1 153 118 109 148 133 170 161 157 139 118 137 1 128 1671 STATION 2 38 36 34 40 26 34 29 31 26 36 34 44 408 -STATION 3 28 23 16 20 19 19 24 10 22 19 22 30 252 STATION 4 95 69 90 73 78 92 80 100 69 86 105 79 1016 STATION 5 16 8 4 15 9 10 12 12 11 15 16 5 133 3480 TOTALS 330 254 253 296 1 265 1 325 1 306 310 1 267 274 314 286 3480 903 Clar�gton REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPTEMER 18 2006 Report#: CLD-018-06 File #: By-law #: Subject: SHORTAGE OF JUSTICES OF THE PEACE WITHIN DURHAM REGION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-018-06 be received for information. i Submitted by: On arr' , A.M.C.T. Reviewed by: Franklin Wu, p Clerk Chief Administrative Officer PLB*LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.:CLD-018-06 PAGE 2 of 8 OVERVIEW At the regular meeting of Council held on September 11, 2006 Council passed the following Resolution: WHEREAS there is a shortage of Justices of the Peace in Durham Region; and WHEREAS matters are being dismissed by the Courts as a result of this shortage, thus negatively impacting the law enforcement process in Clarington, NOW THEREFORE BE IT RESOLVED THAT correspondence be issued to the Attorney General and the Premier of Ontario requesting additional Justices of the Peace to be appointed to the Courts in the Region of Durham; and THAT a copy of the correspondence be forwarded to Mr. Brian Roy, Solicitor, Region of. Durham, Mr. John O'Toole, MPP, The Association of Municipal Clerk's and Treasurers of Ontario, the municipalities within Durham Region, and the Regional Senior Justice. In order to assist Council in understanding the nature and scope of the situation staff have prepared an overview of the Ontario court system follows. The court system in Ontario is broken down into Criminal and civil jurisdictions. Included in the Criminal jurisdictions are all Provincial and municipal enforcement matters. Within Durham Region, all provincial and municipal offence issues are handled through the Provincial Offences Courts at 605 Rossland Road in Whitby. Each year the Court Administration assigns certain days and times slots or "tiers"to each municipality for charges which have been laid by that municipality. Each tier is 2 hours long. These tier assignments are based on the Court Administration's assessment of the anticipated time needs for each Municipality. The court house at 605 Rossland has three Provincial Offences courts in regular use. One is assigned to the Ministry of the Attorney General and other Provincial agencies, one is for the Region and the police and the third is for the Municipalities within the Region to use for by-law prosecutions. Justices of the Peace are the presiding court officials in each of these courts. In addition, a Justice of the Peace is required for Provincial Offences Intake (receiving and swearing in charges and other court documents) and a separate court which deals exclusively with adjournment matters, cases that have to be put over to another day for preliminary 1102 REPORT NO.:CLD-018-06 PAGE 3 OF 8 Hearings, Disclosure of information or other reasons. Currently there are only three Justices of the Peace assigned to the Whitby court to cover all these functions. Justices are also required at 242 King Street in Oshawa for Criminal Court Intake, Criminal First Attendance Court, Bail Hearings and assignment to the Telewarrant Centre in Newmarket. The Whitby court is part of the Central East Region. This court region stretches from Collingwood through Barrie and Newmarket to Huntsville and south to Brighton then west to Whitby. Ideally this court region is to be serviced by a minimum of 54 Justices of the Peace. There are currently 43, of which one was hired in June and two more were announced at the end of August. As the training period for new Justices is approximately one year, these people therefore, will not be finished their training and available for court until next summer at the earliest. THE CHARGE PROCESS When a complaint is received it must be assigned to an officer to investigate. Inspections, background information gathering, review and evaluation of the complaint are followed by contact with the subject of the complaint, often by correspondence. The subject is advised of the nature of the problem and given an opportunity to cease or, if possible, rectify the problem. Further inspections and correspondence will ensue. Once a determination is made to proceed with court action for non-compliance the officer must prepare a charge or charges. The document used to initiate a charge under Part 3 of the Provincial Offences Act is called "an Information" and the process is referred to as "laying an Information". Once the Information and two copies of the Summons are prepared these documents must be presented to a Justice of the Peace at the Provincial Offence Intake office. The documents are reviewed by the Justice of the Peace to determine if all the paperwork is in order and whether or not there are sufficient grounds to support the charge. The officer then 1103 REPORT NO.:CLD-018-06 PAGE 4 OF 8 swears an oath that the material contained in the Information is accurate and correct. The Justice signs the Information and the 2 copies of the Summons. The Summons will require the Defendant to appear in court on a specific date and time to answer to the charge. The officer now serves one of the Summons copies on the Defendant, either by himself or through the services of a Process Server. The officer then prepares all his or her documents for court. Some material will require certified copies; further inspections will be required to monitor changes to the situation. A Case History is prepared and all the documents are provided to the Prosecutor. On the assigned date, the officer, the Prosecutor and the Defendant appear in court. The Defendant may elect to plead guilty or may ask fora trial, in which case the matter is put over to another.date to be dealt with. The Defendant may also ask for an adjournment to a later date to seek legal counsel or request to enter a plea at a later date. If the Defendant pleads guilty the facts in the case are presented to the court by the Prosecutor and a determination of guilt and penalty are made by the Justice of the Peace. If the Defendant requests a trial, the matter is set over to another date and any independent civilian witnesses must be notified to attend. In some circumstances a second means of proceeding is available. If the by-law is one for which short form wordings.have been approved by the Senior Regional Justice, then the officer may, at the time of the incident, issue the Defendant a Part 1 ticket with a set fine. The ticket must be issued and delivered to the court within 7 days of the offence. Once issued, the ticket must be served on the Defendant within 30 days. If it has not been served within that time frame the matter dies and cannot be reopened. UNDERLYING CAUSES The courts have suffered through staffing shortages for approximately 20 years. As noted above the Central East Region is currently below its required minimum number of Justices by 1104 REPORT NO.:CLD-018-06 PAGE 5 OF 8 14. Justices of the Peace are appointed by the Attorney General. Several years ago the Province placed a freeze on the hiring of new Justices of the Peace while it reviewed and revised the hiring criteria. Over time the shortages have led to backlogs and delays in trials. Until recently the Durham Region courts have managed to operate with few interruptions. In August 2005 Clarington experienced its first incident where there was not a Justice of the Peace available. The Court Clerk read out prepared statement advising all Defendants and all persons present that the court had elected "not to exercise it's jurisdiction over the Defendants" and that they were free to leave. As a result the Part 1 tickets and Part 2 Parking tickets before the court were lost and could not be pursued further. All Part 3 Informations required the Officer to prepare and swear out another Summons, then have it served on all parties. EFFECTS The court process is never an easy one for any citizen at the best of times; adjoumments and delays leave them confused and disheartened. Staff are often contacted by their witnesses and complainants with questions of what is happening and why the process is taking so long. Recent experience has shown that people, Witnesses and Defendants are very upset that they have had to take time off to attend court only to be advised that their matter will not be heard. Defendants are left with a false sense of victory and Witnesses are left feeling betrayed. In the end the anger and despair are often laid on the Municipality's doorstep. Clarington's Prosecutor, Rhonda Bishop has seen this anger and frustration first hand. On June 12"', Ms. Bishop was forced to withdraw 104 Parking Tickets for the City of Pickering because, after waiting for over an hour the Court Clerk advised that the Justice of the Peace was not available for any trials and would only attend to accept withdrawals. The police had to be asked to attend the court and stand by in case there was trouble. 1105 REPORT NO.:CLD-018-06 PAGE 6 OF 8 This experience has set the norm for court since that date for all municipalities in the Region. There are no trials; if a Justice of the Peace is available at all they will only hear guilty pleas, adjournments, set dates or withdrawals. Up until the actual start time of the court tier there is no guarantee that a Justice will even be available for these duties. When they do not appear the Court Clerk is left to announce to that fact to the courtroom.They will then proceed to explain that Defendants may be resummonsed if the prosecution elects to proceed. On average a simple complaint and infraction will take up to 10 hours of an officer's time to investigate, correspond with the subjects and finally prepare material for court. A property standards or zoning charge will typically take upwards of 50 hours of an officer's time and will include several re-inspections. This does not include the time for the Prosecutor to prepare her material for court. To have the cost of those efforts squandered because the Justice of the Peace does not attend the court is unacceptable. Once the court refuses to deal the matter, it becomes necessary to repeat much of the work that has already been done in the hope of being able to proceed one the matters are back in court. OPTIONS I There are some options available to staff. The first is to reduce the number of charges we lay. This leaves the public feeling abandoned and frustrated that municipal staff are not doing their jobs. The second option is to implement mediation or encourage both parties to seek professional mediation. This option requires a far greater expenditure of time on the part of staff and would require training in mediation and facilitation. Another option is to use alternative measures to resolve a problem. Staff rarely lay charges for long grass and weeds, snow clearing or property standards. Staff use the authorities in the governing legislation to do the required work and bill the owners, thus removing the need to go to court. The cleanup costs are recovered from the owners and generally act as a deterrent to future problems. 1106 REPORT NO.:CLD-018-06 PAGE'7 OF 8 Staff use great discretion in deciding which matters will proceed to court. It is not enough to say that charges will be laid for each complaint received. In every complaint, the investigating officers must ask themselves three simple questions. 1. Does this issue actually constitute an offence in law? . (In other words, is there areal offence here which can be prosecuted?) 2. Is there sufficient evidence to prove that the alleged Defendant is guilty? 3. Is there a strong likelihood of obtaining a conviction? It is on the third question that staff must now spend more time. It does not make sense to bring a borderline case to court simply to make one side or the other happy. Staff must review the files more closely now with the additional restrictions on time that this situation has imposed. The matter cannot simply be ignored. As each court date comes up matters that are not dismissed or disappear are being adjourned to later dates creating future log jams for the court when it finally does decide to exercise its jurisdiction. Even matters that are extended and adjourned through this process may be lost because of section 11(b) of the Canadian Chart of Rights and Freedoms which states: "11. Any person charged with an offence has the right b) to be tried within a reasonable time;" The Supreme Court has interpreted the phrase "reasonable time"to mean 6 months from the date of charging. Matters that dragon longer than that at the request of the Municipality or the court are in jeopardy of being dismissed because the Defendant's rights under section 11(b) were violated. The Ministry s own website states; 1107 REPORT NO.:CLD-018-06 PAGE 8 OF 8 .'The government is committed to transforming the justice of the peace appointment process in order to make the system more open and transparent, and to permanently establish appointment standards to ensure that the most qualified candidates are appointed. In September, the Standing Committee on Justice Policy will continue hearings on the Access to Justice Act. The Act would, ifpassed, ensure a more open and transparent appointment process for justices of the peace and establish minimum qualifications." As directed by the Resolution quoted earlier, a letter has been forwarded to the Ministry of the Attorney General expressing Council's concern in this matter. 1108 j� REPORT Car gto Leading Nte R'ay CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 18, 2006 Report#: CLD-019-06 File #: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT —APRIL TO JUNE, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-019-06 be received; and 2. THAT a copy of Report CLD-019-06 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by: a ' a ' , A.M.C.T. Reviewed by: Franklin Wu; unicipa Clerk Chief Administrative Officer PLB`cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1109 REPORT NO.: CLD-019-06 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 April to June 2006. 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 1110 i CLERK'S DEPARTMENT ATTACHMENT NO.1 ANIMAL SERVICES DIVISION TO REPORT NO.CLD-019-2006 ANIMAL SERVICES QUARTERLY REPORT April to June 2006 L\ ACTIwI7ES Thls Qtiat#ei % : e2006 tts date , 2005 to date PICKED UP -WILDLIFE 16 43 46 DOGS GATE. A , DOGS , ,`° CATS" DOGS CATS . PICKED UP . 18 8 51 35 76 48 BROUGHT IN 12 23 38 42 45 106 RETRIEVED BY OWNERS 18 2 58 4 76 8 SOLD TO RESIDENTS 9 22 21 43 38 89 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 3 1 1 6 9 5 21 DEAD ON ARRIVAL 0 6 4 21 2 36 QUARANTINE 0 2 3 8 1 2 1 9 WRITTEN WARNINGS 31 131 127 OTR, POA, SUMMONS n/a 17 8 CONVICTIONS n/a 12 5 CALL-OUTS AFTER HOURS 4 23 19 OVER-TIME HOURS 12 72 60 �. lEV UA E'MUES �s DOGS & CATS RELEASED 451 0 $135 0 $180 $150 LICENSES n/a n/a $20,183 $4,339 $15,364 $1,918 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS $600 $1080 $1,425 $1,890 $2,400 $3,870 DOGS & CATS REDEEMED $859 $40 $2,864 $80 $2,658 $165 SUB-TOTAL $24,607 $6,309 $20,602 $6,103 TRAP RENTAL $36 $1021 $108 TOTAL REVENUE $31,0181 $26,813 Euthanized 2006 Euthanized 2005 Dogs - 1 injured,5 Disposition, 1 Court order Dogs-2 sick,3 behaviour Cats-6 sick,6 injured,6 feral Cats- 10 sick,4 injured,3 behaviour 1111 Clar'1� REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 18, 2006 Report#: CLD-020-06 File #: By-law#: Subject: QUARTERLY PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-020-06 be received; and 2. THAT a copy of Report CLD-020-06 be forwarded to the Bowmanville Business Centre for their information. Submitted by: a ' . Bar ' , A.M.C.T. Reviewed by: Franklin Wu, Municipal Clerk Chief Administrative Officer PB"LC'Ib CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1112 REPORT NO.: CLD-020-06 PAGE 2 of 2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of April, May, June 2006 and is provided herein for the information of Committee and Council. Attachments: Attachment 1 - Parking Report For The Months of April, May, June 2006. 1113 PARKING ENFORCEMENT QUARTERLY REPORT#2 2006 ATTACHMENT #1 to Report 2nd Quarter Parking Financial Report TICKETS ISSUED Quarter 2, 2006 YEAR TO DATE YEAR TO DATE YEAR TO DATE 2006 2005 2004 P.E. Officers 834 2266 1830 2161 Police 8 13 19 69 Public Works 0 0 0 0 Group Four 6 25 70 27 Aspen Springs 21 57 N/A N/A Securitas 54 88 88 40 ProSecurity 309 309 N/A N/A Fire Services 0 0 0 0 REVENUE Meters 19 749.00 38 361.00 28 068.00 36 580.42 Permits 1799.15 2678.90 1678.75 647.50 Fines 18 732.00 41 323.00 26 076.00 24 597.00 MTO Chargeback (1759.50) (3318.75) (5172.00) (4413.75) 6-J 1 APPEARANCES Total Conducted 41 68 51 57 #Tickets Cancelled 35 56 41 41 #Tickets Upheld 7 14 14 16 # Requests for Trial 2 7 4 9 MN N. 1114 Clari�tlgto� Leoatn8 rho way REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: September 18, 2006 Resolution#: Report#: COD-049-06 File #: By-law#: Subject: Joint Health and Safety Committee - Revised Terms of Reference for the Structure & Function of a Multi-Workplace Joint Health and Safety Committee Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-049-06 be received; 2. THAT the revised Terms of Reference (Attachment#1) to be endorsed by the C.U.P.E. Local 74 President for Inside and Outside; International Association of Fire Fighters Local 3139 President, the two Co-Chairs of the Joint Health and Safety Committee and the Chief Administrative Officer, be endorsed by Council; 3. THAT future amendments to the Terms of Reference be authorized by approval of the Chief Administrative Officer, in consultation with the Joint Health and Safety Committee where appropriate, provided that the intent of the attached Terms of Reference is maintained; 4. THAT if future recommended changes to the Terms of Reference substantially alter its intent, a report will be brought to Council for approval and subsequently forwarded to the Ministry of Labour for approval; 5. THAT a copy of this Report with attachment#1 Terms of Reference, be submitted to the Ministry of Lab r for review and endorsement. Submitted by: Reviewed ne Marano, H.B.Sc., C.M.O. Franklin Wu Director of Corporate Services Chief Administrative Officer MM/SS/BT/gj Attachment#1 —Terms of Reference CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F(905)623-5506 1201 REPORT NO.: COD-049-06 PAGE 2 1.0 BACKGROUND 1.1 In April 2006, Council approved all recommendations outlined im Report COD- 012-06 — Joint Health and Safety Committee— 2006 Update --j erms of Reference and Continuous Improvement Plan. As approved, staff submitted a copy of Report COD-012-06 and Terms of Reference to the Ministry of Labour for review and endorsement. Since that time, the Ministry has verbally responded to staff with a number of recommendations for inclusion within the Terms of Reference. Staff has reviewed those recommendations and have revised the Terms of Reference to meet the criteria. Some of the changes substantially alter the intent and therefore, Council endorsement of the revised Terms of Reference is required. 1.2 The Occupational Health & Safety Act requires a Joint Health and Safety Committee at any workplace where there are 20 or more employees. However, the Ministry of Labour will permit one Joint Health and Safety Committee were there is an approved Terms of Reference for the Structure and Function of a Multi-Workplace Joint Health and Safety Committee provided there is appropriate worker representation at all of the employer's workplaces. The Terms of Reference prepared and submitted to the Ministry addresses these situations for the Municipality at all municipal workplaces. 2.0 COMMENT 2.1 A number of the revisions to the Terms of Reference are minor in nature. In most cases, they are our normal practice; however, the Terms of Reference must make reference to these practices to ensure awareness and compliance; • Confirm posting of all approved minutes and Ministry orders on all Joint Health and Safety Committee (JHSC) bulletin board. • Ensure that all alternate members of the JHSC are eligible to attend all regularly scheduled meetings of the Joint Health and Safety Committee. • Ensure that compensation for mileage is provided to a member of the JHSC in the performance of the JHSC responsibilities (attending JHSC meetings and conducting JHSC inspections.) • Change of title from Health and Safety Officer to Corporate Safety and Project Manager and related reporting structure. 2.2 Other notable changes include: • If a member of the JHSC is unable to attend a regularly scheduled meeting, it is there responsibility to make every effort to arrange for an alternate member of the JHSC to attend the meeting and to advise the Co-Chairs accordingly. • Increase the number of certified members from two (2) to four (4) making every effort to ensure representation from Operations Department, Community Services Facilities, Municipal Administration Centre and Emergency and Fire Services. • Identify the workplace inspection schedule within the Terms of Reference. 1202 REPORT NO.: COD-049-06 PAGE 3 • Identify the process for worker inclusion in the event of a Ministry of Labour inspection or investigation. • Identify the process for obtaining resource persons to assist or advise the Joint Health and Safety Committee when required. • Identify a process for dispute resolution of JHSC agenda items. • Inclusion of Appendix 1 and 2 to the Terms of Reference which identifies all Municipality of Clarington workplaces and the number of workers at each site. • Inclusion of the Municipality's Right to Refuse Unsafe Work Policy within the Terms of Reference (Appendix 3 of the Terms of Reference.) 3.0 SUMMARY 3.1 Once endorsed by Council, C.U.P.E. Local 74, International Association of Fire Fighters Local 3139 and the Chief Administrative Officer, the Terms of Reference will be resubmitted to the Ministry of Labour for review and endorsement. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 1203 i Attachment #1 to Report COO-49-06 TERMS OF REFERENCE FOR THE STRUCTURE& FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH 8 SAFETY COMMITTEE As Agreed Between THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74. BOTH INSIDE AND OUTSIDE AND CLARINGTON FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION H:\WORK WELL AUDIT 2005\i3 TERMS OF REFERENCE FOR HEALTH SAFETY 2006-MoL Rev l.doc Revised*. May 5, 2006 (CAO approved changes :A.5.0, B.1.2, B.1.3, B.5.2,C.1.21 Revised September 07,2006 (MoL) Rev 1.3 Terms of Reference Joint Health & Safety Committee - Revised Ala April 10, 2006 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1204 THIS TERMS OF REFERENCE IS SET OUT IN THE FOLLOWING FORMAT: A. GENERAL TERMS B. JOINT HEALTH & SAFETY COMMITTEE STRUCTURE d C. JOINT HEALTH 8 SAFETY COMMITTEE FUNCTIONS D. JOINT HEALTH 8 SAFETY COMMITTEE MEETINGS A. GENERAL TERMS A.1.0 Agreement of Parties A.1.1 Mutual Agreement This document respecting the Joint Health and Safety Committee Terms of Reference is mutually developed and agreed to by the noted workplace parties and is submitted to the attention of the Minister of Labour for sanction and approval, pursuant to Section 9(3.1) of the Occupational Health and Safety Act. A.1.2 Ministry of Labour-Riaht to Withdraw The Minister of Labour reserves the right to withdraw the sanction of this arrangement if deemed appropriate for any reason after consultation with the workplace parties. A.1.3 Collective Agreement-Not Applicable The Joint Health and Safety Committee (JHSC) will not be empowered to amend,alter,subtract from or add to,any of the terms in the Collective Bargaining Agreement(s). A.2.0 Process to Address Concems A.2.1 All employees will be encouraged to discuss their occupational health and safety concerns with their immediate supervisor. If unresolved,an employee may bring the matter to the attention of a Joint Health &Safety Committee member. A.2.2 If asked to assist in an unresolved matter,a Joint Health &Safety Committee member will ensure the factual basis of all unresolved health and safety concerns with the immediate supervisor responsible for the issue, before bringing it to the attention of the Joint Health &Safety Committee for further investigation. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 2 CAO Amendments May 5, 2006 MoL Amendments- September 07, 2006 -Attachment to Report COD-49-06 1205 A.3.0 'Confidentiallnformation A.3.1 Medical or trade secret information will be kept confidential by all Joint Health &Safety Committee members. A.3.2 All information discussed regarding injury claims,and any information deemed by the JHSC to be sensitive or confidential will be maintained by all members in strictest confidence. A.3.3 Any violation of confidentiality may be considered grounds for removal of a JHSC member,as determined by the Co-Chairs in consultation with the Chief Administrative Officer and Local Union/Association representatives. A.4.0 Review and Changes to Terms of Reference A.4.1 JHSC Annual Review The Joint Health &Safety Committee shall review this document,at least annually at a regular meeting. Recommend revisions to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation,will be reviewed with the Chief Administrative Officer for consideration of amendments to the Terms of Reference. A.4.2 Chief Administrative Officer-Authorized to Amend Terms The Chief Administrative Officer, is authorized to effect changes to the prevailing Terms of Reference, provided the intent of the Terms of Reference is maintained and changes are in compliance with applicable legislation and regulations. Where appropriate,changes to the Terms of Reference will be made in consultation with the JHSC and/or representatives of the local Union/Association, as required. A.4.3 Posting of Change to Terms of Reference Changes made to the Terms of Reference,which are deemed by the Chief Administrative Officer to warrant notice to employees, the Terms of Reference will be posted in all workplaces noting the change and the revision date. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 3 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 Attachment to Report COD-49-06 1206 AAA Substantial Chanae Reported to Council If a substantial change as defined below is considered,at the discretion of the Chief Administrative Officer, the proposed change will be brought to Council for endorsement or approval as appropriate. If brought to Council for approval,the amended Terms of Reference Will be forwarded to the Ministry of Labour, and Local Union/Associations for endorsement. Substantial change is defined to mean a change which alters the intent of the Terms of Reference, or effects major changes to a process which is fundamental to the Terms of Reference or the functions of the Joint Health &Safety Committee. A.5.0 Program to Communicate Health& Safety Information A.S. Each Department will include in staff meetings, Health and Safety items for discussion, on a regular basis or as Health &Safety Corporate or Departmental items arise. Minutes should be recorded and maintained in the Department for review of the Health &Safety matters by the Corporate Safety and Project Manager as requested. The Corporate Safety and Project Manager will co-ordinate with the Co-chairs(s),the inclusion of Health and Safety tips or messages,to attach to pay cheques for all employees, or posting on the internal intranet, as the need arises, but at least semi annually. The Joint Health &Safety Committee may make recommendations to Department Heads, on pertinent Health &Safety items that might be considered for discussion at Departmental meetings. Health &Safety items that are considered by the JHSC to be of an urgent or important nature may be communicated to all employees by means of the intranet,e-mail system or posting on the JHSC bulletin boards. These messages will generally be issued from the Employer through the CAO's office,or jointly from the Corporate Safety and Project Manager and/or JHSC Co-chairs) after consultation with the CAO. Progress of the Communication Program,or issues dealt with through the Program, may be reported to the employees through the intranet, e-mail system and/or through Health and Safety messages,or Departmental meetings. Terms of Reference Joint Health & Safety Committee - Revised 0 April 10, 2006 4 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1207 i I B. JOINT HEALTH &SAFETY COMMRTEE STRUCTURE B.1.0 JHSC Membership & Selection B1.1 Representation The Joint Health & Safety Committee will be comprised of 50%non-affiliated and 50%affiliated (worker representatives) per the Ontario Health &Safety Act,section 9(7). B1.2 Selection-Worker Representatives The worker representatives will be selected by the Union or Associations who are party to the Terms of Reference. The names of the worker representatives selected will be submitted to the Chief Administrative Officer, for addition to the list of members. The selection process of the worker representative will be in accordance with the Local Union/Association Bylaws and Constitutions. The Union/Association will be responsible to nominate or select representatives if there are insufficient volunteers to sit as a JHSC member. B1.3 Selection-Non-Affiliated Representatives The Chief Administrative Officer will offer the opportunity to the Non-Affiliated employees to participate as members of the JHSC from time to time. Department Heads and Managers are directed by the Chief Administrative Officer to encourage Joint Health &Safety Committee membership and participation in Health and Safety matters. The CAO will appoint Non-Affiliated representatives if there are insufficient volunteers to sit as a JHSC member. B1.4 Number of Members A minimum of 8 members will be required on the Joint Health &Safety Committee. The JHSC will be composed of 2 members from MAC, 2 members from Community Services (outside facilities), 2 members from Emergency and Fire Services, 2 members from Operations, as well as alternates. There will be no maximum restriction for members or alternates; however changes to the number of members or alternates will be authorized by the Chief Administrative Officer. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 5 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 -Attachment to Report COD-49-06 1208 B.1.6 Meeting Attendance Members are encouraged to attend all JHSC on a regular basis. If however,a member is unable to attend the regularly scheduled meeting, the member shall make every effort to ensure an alternate will be in attendance and advise the co-chairs. Alternate members are entitled to attend all meetings of the JHSC. B.1.6 Posting of Names Names and telephone extension numbers of Joint Health &Safety Committee members will be posted on the Health &Safety bulleting boards. B.2.0 Chief Administrative Officer B.2.1 The Chief Administrative Officer is recognized by the Joint Health &Safety Committee as an advisor to the JHSC. Advice and direction may be sought by the JHSC,from the Office of the CAO, and the Chief Administrative Officer is invited to attend all Joint Health and Safety Committee meetings as an observer or for purposes of providing direction and guidance. B.3.0 Corporate Safety and Protect Manager Position B.3.1 Advisory Role The Corporation's Corporate Safety and Project Manager will be an advisor on health and safety matters in an unbiased manner. B.3.2 Non-Voting The position will be a non-voting member of the Joint Health and Safety Committee in order to maintain independence. B.3.3 Quorum-Position Not Included The position will not be included in representative members required to make up a quorum for either the worker or non-affiliated membership. B.3.4 Reoortina The position will report to the Human Resources Manager of the Corporate Services Department. Health &Safety matters will be reviewed with the Human Resources Manager, and the position will advise and co-ordinate activities with the Co-Chairs of the Joint Health &Safety Committee. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 6 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1209 B.3.5 Resoonsibilities-Investigations, Co-Ordination of Trainina & Other The Corporate Safety and Project Manager will be advised of all accidents, and will,whenever possible, attend with members assigned to investigate accidents. The Corporate Safety and Project Manager will be responsible for Corporate co-ordination of Health &Safety training, and other Health &Safety related matters for the Corporation. B.3.6 Deoartmental Trainina Departmental Health &Safety Training, and training related to safe use of equipment will be the responsibility of the Department. Departments will submit their training program annually to the JHSC, and to the Corporate Safety and Project Manager. The Corporate Safety and Project Manager will include the departmental training to the training calendar for circulation to all Department Heads for information and potential opportunity to share training amongst departments. Department training program specifics may be reviewed by the JHSC upon request by the Department involved. B.4.0 Membership Term B.4.1 The knowledge and expertise needed to carry out the functions of the Joint Health and Safety Committee is significant. Consequently it is recommended that JHSC members be appointed for a minimum 2 year term,with worker and management members being replaced during alternate years to maintain consistency. Representatives may serve on repetitive terms without limitation, provided the selection process is in compliance with the Terms of Reference selection process described above, and respective Union/Association By-laws and Constitutions. B.5.0 Training of JHSC Members B.5.1 Roles & Responsibilities-Training The Co-chairs) of the Joint Health &Safety Committee will review with all new JHSC members, their roles &responsibilities. This will be done at a regular JHSC meeting,or on an individual basis as appropriate. Terms of Reference Joint Health & Safety Committee - Revised Cal April 10, 2006 7 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 -Attachment to Report COD-49-06 1210 i B.5.2 Certification of JHSC Members Opportunity will be provided to the extent of the annual budget,for some JHSC members to attend basic or sector specific certification. The JHSC will ensure that at least two sitting representatives of the Worker Member group and the Non-Affiliated group are certified.Every effort will be made to ensure there will be a certified member representing workplaces from Emergency and Fire Services, Operations Department, Community Services (Facilities) and the Municipal Administration Centre. G JOINT HEALTH & SAFETY COMMITTEE FUNCTIONS C.1.0 JHSC Mandate C.1.1 In accordance with the spirit and intent of the Occupational Health and Safety Act, the functions of the Joint Health &Safety Committee shall be: (a) Workplace H &S Matters:to identify,evaluate and recommend resolutions of all matters pertaining to occupational health and safety in the workplace to the Chief Administrative Officer or his or her designate. (b) Education &Training:to encourage adequate education and training programs in order that all employees,including JHSC members,are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act. (c) Regulations: to make recommendations on matters related to the OHSA and all relevant Regulations,including WHMIS and Designated Substances where applicable,and reports related to health and safety. C.1.2 Recommendations to Employer by Worker Representative or JHSC The JHSC and/or a Health &Safety Worker Representative may make recommendations to the Employer (CAO or Designate) for the purpose of making positive and lasting changes relating to health and safety matters in the workplace, and work practices and standards that have not been able to be addressed by the immediate supervisor with the assistance of the JHSC,or matters that are outside of the JHSC mandate. Any active member of the JHSC,or the JHSC as a whole with the endorsement of the Co-chairs may submit the above recommendations to the Employer. Any employee may also submit recommendations through any member of the JHSC. Recommendations above should be submitted in writing with all supporting information pertaining to the recommendation (ie studies,investigations etc). Recommendations should be submitted to the Employer as soon as reasonably possible. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 8 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 -Attachment to Report COD-49-06 1211 i C.1.3 Riaht to Refuse Unsafe Work A worker shall follow the steps outlined in the prevailing Corporate Policy E26-Right to Refuse Unsafe Work when he/she is unable to resolve their concerns with their Sup ;rvisor by contacting their safety representative,certified committee member, JHSC co-chair or Corporate Safety and Project Manager. C.2.0 Workplace Inspections C.2.1 Inspection Schedule The Co-Chairs of the JHSC shall develop an inspection schedule and assign worker members to complete workplace inspections. Buildings that are not regularly used by workers, or where it is not practical to inspect the entire workplace monthly, must have at least part of this workplace inspected monthly,with an entire workplace inspection at least annually. C.2.2 Inspections of Workplace by Worker Representatives In accordance with the Occupational Health &Safety Act obligations, inspections will be conducted by Worker Representatives. Joint Health &Safety Committee members who represent workers shall designate certain of their members who are trained, along with trained workers who are not part of the JHSC, to inspect the physical conditions of the workplace(s) at least once a month in accordance with a schedule established by the Joint Health &Safety Committee. Where and when possible, a management person shall accompany the worker member. C.2.3 Department Head & Manaaer Inspections/Observations Management will inspect their workplace(s) and observe worker procedures/behavior for purposes of recognizing both commendable and unacceptable practices in Health &Safety,and workplace safety,in accordance with the prevailing Corporate Policy established to provide for Department Heads and Managers to make observations and inspections. C.2.4 Inspection Records/Forms All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate prevailing workplace inspection form or logs maintained in the workplace,and copied or notice provided to the Department Head. Inspection forms will be signed by member(s) performing the inspection.The worksheets will then be reviewed by the Joint Health &Safety Committee at regular meetings. For urgent items noted during inspections, see following section. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 9 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1212 1 C.2.5 Uraent Inspection Items Items that are considered by members conducting the inspection urgent will be forwarded in writing with recommendations if possible, to the Department Head as sour'as reasonably possible. The Department Head will respond in writing as soon as reasonably possible, but in no case will response exceed the 21 day limit for written response per section 8(12) OHSA. C.2.6 Outstanding Items Outstanding items,deemed by the Joint Health &Safety Committee to be significant will remain on the outstanding list, and the status will be reviewed monthly at regular meetings until resolved: C.2.7 Time Permitted to Conduct Inspections Joint Health &Safety Committee members shall be entitled to one (1) hour (plus reasonable travel time) or such longer period of time as the Joint Health &Safety Committee determines is necessary to conduct workplace inspections. C.2.8. Ministry of Labour Inspections In the event of a Ministry of Labour Inspection or Investigation,the Chief Administrative Officer, Department Director, JHSC Co-chairs,and the Corporate Safety and Project Manager will be advised. At the discretion of the Ministry Inspector, the CAO, Department Head, JHSC Co-Chairs, Corporate Safety and Project Manager,and certified member of the affected area will be invited to attend the inspection or investigation. In the event the inspection is complaint based,the affected worker will be included at the discretion of the Ministry of Labour Inspector. C.3.0 Accident Investigations C.3.1 Definitions Accident-Definition: Unplanned event resulting in injury to people which requires medical attention in excess of first aid and/or potential lost time, or causing damage to property which may give rise to an insurance claim or monetary impact to repair damage. Incident-Definition: Unplanned event resulting in a "near miss" that could easily have been an accident. Terms of Reference Joint Health &Safety Committee - Revised @ April 10, 2006 10 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1213 i Near Miss Accidents/Incidents - Definition A Near Miss Accident/Incident is defined as incidents or unusual occurrences in the workplace that could have resulted in harm to persons or property if circumstances had been slightly different. , C.3.2 Accident Notice to Co-Chairs and Corporate Safety and Project Manager The Co-Chairs will be advised of workplace accidents and assign member(s) who are trained, to investigate and fill in appropriate documents. The Corporate Safety and Project Manager will be advised of all accidents, and will accompany, whenever possible, members assigned to investigate. A worker representative from the Fire Association shall assist in investigation of fire incidents/accidents if investigation is required. C.3.3 Reportina of Near Miss Accidents/Incidents All near misses must be reported on an incident report. The Co-Chairs and the Corporate Safety and Project Manager must be notified of all near misses within 24 hours of the incident. Near misses may be investigated by the Co-Chair, or trained members of the Joint Health &Safety Committee,and the Corporate Safety and Project Manager. C.3A Reporting Accidents. Incidents and Critical iniury All accidents or incidents as defined herein, must be reported to the Department Head, the Joint Health and Safety Co-Chairs and copied to the CAO (for informational purposes),within 24 hours of the accident;as well as following Ministry of Labour reporting requirements for serious injury accidents. C.4.0 Annual Budaet C.4.1 JHSC Review of Annual Budaet As noted under the training to be provided to JHSC members,the JHSC will include in its annual budget recommendations,for management consideration, an amount to provide opportunity for Health &Safety basic and sector specific certification for some of the JHSC members. Opportunities will be made available for any member to request participation in the certification, on a first come first serve basis up to the approved budget amount. The annual budget request by the JHSC will be determined by Management for recommendation to Council for approval. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 11 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1214 C.4.2 The JHSC will include in the annual budget recommendations,an amount.to provide corporate training opportunities for areas of concern identified by the JHSC after review of the annual injury statistics. C.5.0 Review of Troining Schedule & Obiectives C.5.1 The JHSC will review as part of its normal business, the Corporate training schedule proposed for the current year. The training schedule will be developed by the Corporate Safety and Project Manager. The JHSC may make recommendations for inclusion of certain training opportunities, in the annual training schedule. C.6.0 Review of Injury Statistics C.6.1 The Joint Health &Safety Committee will review as part of its normal business,regular updates of current injury statistics, prepared by the Corporation. The JHSC may make recommendations or comments to the Department where the injury occurred,to assist in preventing future injury or incidents. C.7.0 New Equipment- Review C.7.1 The Joint Health &Safety Committee, upon request by any Department,will review Health & Safety material related to the use and care of new equipment which is unfamiliar to the Department. The Co-Chairs, Corporate Safety and Project Manager, and if appropriate,a representative from the Purchasing Division,will be invited to pre-inspections or training for new or unfamiliar equipment. The Co-Chairs, Corporate Safety and Project Manager, and Purchasing may request a review of new or unfamiliar equipment,and the responding Department will provide at a mutually agreeable time. Terms of Reference Joint Health & Safety Committee- Revised @ April 10, 2006 12 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 -Attachment to Report COD-49-06 1215 D. JOINT HEALTH & SAFETY COMMfrTEE MEETINGS D.1.0 Schedule of Meetinas The Co-Chairs will jointly create a schedule of meetings to be held during 6e year. The schedule will be circulated to all members. The schedule will form part of the recorded minutes of the JHSC. D.2.0 Quorum The Joint Health &Safety Committee shall have a quorum of (50%+1) members or alternates present in order to conduct business. The additional one (1) must be from the worker representative. One (1) Co-chairperson must be present in order to conduct business and chair the meeting. D.3.0 Aaenda & Items Considered D.3.1 Agenda The Co-chairperson will jointly prepare an agenda and forward a copy of the agenda to all Joint Health &Safety Committee members at least one (1) week in advance of the meeting. D.3.2 Issues/Items to be Considered The Joint Health &Safety Committee may only consider such occupational health and safety issues as have been listed on the agenda or have been agreed upon in advance by the two (2) Co-chairpersons. D.3.3 Resource Sneakers In addition to the C.A.O., resource persons or speakers may be invited by the co-chairs to attend a JHSC meeting where an agenda or unresolved item requires additional expertise or comment. D.3.4 Resolutions for Recommendations Normal business items raised from the agenda in meetings will be dealt with on the basis of an informal consensus vote. Recommendations from the Joint Health &Safety Committee, and matters deemed by the JHSC to warrant being recorded in the minutes will be put forward as a recorded motion which will be voted on by the JHSC and approved on the basis of majority. All items that are resolved are not required to be recorded in the minutes. Terms of Reference Joint Health & Safety Committee- Revised @ April 10, 2006 13 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COO-49-06 1216 i D.3.5 Unresolved / Ouistandina Items from Agenda or Meeting Unresolved or outstanding items will be reported in the minutes and will be placed on the agenda for the next meeting. Items that remain unresolved after the third meeting discussion,will be referred to the Co-Chairs and Corporate Safety and Project Manager for review and a recommended resolution to the JHSC. D.3.6 Postina of Minutes Following the meeting,draft minutes will be circulated to all members of the JHSC for review;to be approved at the next subsequent meeting of the JHSC. Following approval of the minutes, the minutes will be posted on the JHSC bulletin board and corporate intranet. D.4.0 Lenath of Meetina Monthly Joint Health &Safety Committee meetings should not exceed 2 hours in length (plus reasonable travel time) unless an urgent matter is being discussed, or as agreed by a majority of the members present at the JHSC meeting, or if 24 hours notice is provided in advance of the meeting. Remaining agenda items should be deferred to the next meeting. D.5.0 Entitlement of Members D.5.1 Comoensation All time spent in attendance at Joint Health &Safety Committee meetings or activities in relation to the function of the Joint Health &Safety Committee will be paid for at the members' appropriate rate of pay for performing work, in accordance with the Act, and the time spent is to be considered as time at work. Where employees are required to use their personal vehicles for inspections purposes, the employee will be compensated at the current rate paid for mileage. D.5.2 Time for Preparation JHSC members shall be entitled to one (1) hour or such longer period of time as the Joint Health & Safety Committee determines is necessary to prepare for each Joint Health &Safety Committee meeting. These Terms of Reference are endorsed by signatures: Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 14 CAO Amendments May 5, 2006 MoL Amendments-September 07, 2006 -Attachment to Report COD-49-06 1217 i signed at Clarington Ont., this day of 2006. FOR THE EMPLOYER FOR THE WORKERS _ (Non-affiliated) Franklin Wu, CAO President, C0Insi tsi de W � • AC Chair Non-Affiliated Preside t, Fire Asso ' ion, Local 3139 Co-ChaiVAffiliated Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 15 CAO Amendments May S, 2006 MoL Amendments- September 07, 2006 -Attachment to Report COD-49-06 1218 I Appendix A-Workplace Sites Location Address Ertment Function Animal Services 33 Lake Road, rtment Animal Control and Bowmanville Pound Bowmanville Indoor 2375 Baseline Road Services Recreation Facility Soccer Bowmanville t Indoor Soccer Bowmanville 1330 Haines Street Cemetery Operations Cemete Bowmanville nt Clarington Fitness 49 Liberty Street N 25 Community Services Recreation Facility Centre Bowmanville Department Indoor Pool Courtice Community 2950 Courtice Road N. 50 Community Services Recreation Facility Complex Courtice Department Indoor Pool& Fitness Ctr Darlington Sports 2276 Taunton Road 8 Community Services Recreation Facility Com lex Hampton Dept. Seasonal Indoor Arena Fire Station 1 (HQ) 2430 King Street West 30 Emergency and Fire Fire Station and Bowmanville 25 volunteer Services Department Administration Fire Station 2 247 King Street East 25 volunteer Emergency and Fire Fire Station Newcastle Services Department Volunteer Fire Station 3 5708 Main Street 25 volunteer Emergency and Fire Fire Station Orono Services Department Volunteer Fire Station 4 2611 Trulis Road 16 Emergency and Fire Fire Station Courtice 25 volunteer Services Department Fire Station 5 2354 Concession Road 8 25 volunteer Emergency and Fire Fire Station Enniskillen Services Department Volunteer Garnet B. Rickard 2440 King Street West 40 Community Services Indoor Arenas and Recreation Complex Bowmanville De artment Community Hall Hampton 2320 Taunton Road 30 Operations Roads, Parks and Fleet Operations Ctr Hampton Department Services Operations and Administration Municipal 40 Temperance Street 126 Main Administrative Administration Bowmanville Offices Centre Newcastle Aquatics 1780 Rudelle Road 40 Community Services Indoor Aquatics and Facility Newcastle (Opening Fall 2007 Community Halls Newcastle Lions 373 Beaver Street 12 Community Services Outdoor Aquatics Outdoor Pool Newcastle Department Seasonal Orono Operations Taunton Road 10 Operations Roads and Parks [Arena e Orono HD artment O erations Park Outdoor 61 Princess Street munity Services Outdoor Aquatics Orono t. Seasonal Courtice 1595 Prestonvale Road munity Services Indoor Arenas and Courtice artment Communi Halls Information 181 Liberty Street South pServices Tourist Information and e Bowmanville artment Rece tion Yard 42 2178 Regional Road 42 6 Operations Roads and Parks Bowmanville Department Operations Part time Staff Various Locations 79 Community Services Pro ram Staff Crossing Guards Various Locations 36 Planning Department School Crossings See APPENDIX B Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 16 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1219 Terms of Reference for the Structure of a Multi-Workplace Joint Health & Safety Committee Appendix B -Workplace Locations—Crossing Guards Location School Served Ontario Street north of Victoria Street, B'ville Ontario Street Public School Midblock 623-5437 Corner of Liberty Street (14) and Jane Street, B'ville Ontario Street Public School IPS 623-5437 Corner of Queen Street at Division Street, B'ville Bowmanville Senior Public Uncontrolled Int. 623-3323 Corner of Mearns Avenue at Appleblossom Blvd., B'ville John M. James Public School Uncontrolled Int. 697-7817 fax: 623-7341 Corner of Mearns Avenue at Soper Creek Dr., B'ville Vincent Massey Public Uncontrolled Int. 623-5502 Corner of Longworth Avenue at Brooking Street, B'ville Harold Longworth Public School future uncontrolled Int. (623-3682 Corner of King Street at Simpson Avenue, B'ville Vincent Massey Public School (Signalized) 623-5502 Liberty Street(14) at Church Street, B'ville Vincent Massey Public School Uncontrolled Int. 623-5502 RECD FLASHING SIGN Liberty Street (14) at Longworth Avenue, B'ville St. Elizabeth Separate School (Uncontrolled Int.) (697-9155) RECD FLASHING SIGN Scugog Street at Jackman Road, B'ville St. Elizabeth Sep. Schools (Uncontrolled Int.) Lord Elgin Public 697-9155 Longworth Avenue at Clayton Crescent, B'ville St. Elizabeth Sep. School Uncontrolled Int. 697-9155 Waverley Road at Lawrence Gate (near mall), St. Stephens Sep. School B'ville near Mall Uncontrolled Int. 623-3202 Waverley Road, north of Rhonda Blvd., B'ville Waverly Public School Midblock 623-4323 Rhonda Blvd. at Rossalynne Street, B'ville Waverly Public School Uncontrolled Int. 623-4323 Tunnel under Hwy. 57 Waverly Public School / St. Stephens Sep. Public School 623-4323 West Side Drive, south of Bottrell Street/ Bannister Dr. Ross Tilley Public School Street, B'ville Uncontrolled Int. 6233841 Durham Highway 2 at Newtonville Road 18, Newtonville Newtonville Public School Uncontrolled Int. 786-2550 Mill Street (17) at Robert Street, Newcastle Public School Newcastle (IPS) (987-4262) Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 17 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1220 i King Avenue East at Harmer Walkway, Newcastle Newcastle Public School Midblock (987-4262 Edward Street at Glass Crt., Newcastle Newcastle Public School Uncontrolled Int. (987-4262 Edward Street south of Rudell Road, Newca4sto433-. Francis of Assissi Separate Public School 87-4797 Prestonvale Road at Claret Road, Courtice . Emily Stowe Public 33-8747 Robert Adams Drive at Whittaker walkway, . Emily Stowe Public 33-8747 Meadowglade Road at Robert Adams Drive, . G.J. MacGillivray Public Uncontrolled Int. 436-2054 RECD FLASHING SIGN Nash Road west of Cherryblossom, Courtice S.T. Worden Public School Midblock 436-0715 Glenabbey Drive (in front of Mother Teresa Sep. Mother Teresa Separate School), (between Robert Adams Dr. and Auburn Lane), (433-5512) Courtice Midblock Nash Road (between Richfield Sq. and Fourth Street), Courtice North Public Courtice Midblock 436-2055 Nash Road at Trulls Road, Courtice Courtice North Public School All wa sto 436-2055 Courtice Road (34) at Moyse Drive, Courtice Courtice North Public School Uncontrolled Int. 436-2055 Avondale Drive at Brownstone Crescent, Courtice Lydia Trull Public School Uncontrolled Int.)438-9648 Trulls Road south of Sandringham Drive, Courtice Lydia Trull Public School Midblock 438-9648 Trulls Road at Avondale Drive/Yorkville Ave., Courtice Good Shepherd Sep. School (Uncontrolled Int.) (404-9868) Terms of Reference Joint Health &Safety Committee - Revised @ April 10, 2006 18 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 -Attachment to Report COD-49-06 1221 i I Terms of Reference for the Structure& Function of a Multi-Workplace Joint Health and Safety Committee Appendix C Municipality of Clarington Administrative and Corporate Policies SUBJECT: HEALTH AND SAFETY APPROVED BY: Coun it RIGHT TO REFUSE UNSAFE WORK M C.A.O. SECTION: E SUBSECTION: E26 DATE APPROVED: DATE UPDATED: June 27,2006 APPLICATION: All Employees Ll Non-Affiliated Employee Affiliated Employee ❑ Other: PROCEDURE PURPOSE: To provide a clear understanding of the responsibility and procedures involved in exercising a worker's right to refuse unsafe work under the Occupational Heath and Safety Act. Under certain conditions,the OH&S Act gives individual workers the right to refuse to work if they have reason to believe the equipment being used;or the workplace environment;or combination of both is likely to endanger the worker or co-worker(s). ExcEPTtoNs: The following have a limited right to refuse or stop work due to dangers in health and safety: full-time or a volunteer firefighter as defined in the Fire Protection and Prevention Act employees who have a responsibility to protect public safety or where the refusal or stoppage would endanger the life, health or safety of another person,they may only refuse to work when a machine,tool, piece of equipment or work station is likely to endanger the worker. WORK STOPPAGES-The Right to Refuse Unsafe Work PROCEDURES Sec.43(3) (*see chart) I. A worker may refuse to work or do particular work where he or she has reason to believe that: i) any equipment,machine,device or thing the worker is to use or operate is likely to endanger himself,herself or another worker; ii) the physical condition of the workplace or the part thereof in which he/she works or is to work,is likely to endanger himself or herself;or iii) any equipment,machine,device or thing he/she is to use or operate,or the physical condition of the workplace or the part thereof in which he/she works or is to work is in contravention of the Act or the regulations and such contravention is likely to endanger himself/herself or another worker. BILATERAL WORK STOPPAGE(*see chart) 2. When two joint health and safety committee Certified Members agree that a dangerous circumstance exists, they have the ability to direct the senior workplace manager or supervisor to stop work. DANGEROUS CIRCUMSTANCES 3. The term"dangerous circumstances"is defined under Section 44 of the Occupational Health and Safety Act. The Act entitles a Certified Committee Member to investigate a complaint from an employee that a "dangerous circumstance" is present. The Act defines a"dangerous circumstance"as a situation in which: i) a provision of the Act or the regulations is being contravened; ii) the contravention poses a danger or a hazard to a worker;and iii) the danger or hazard is such that any delay in controlling it may seriously endanger a worker. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 19 CAO Amendments May 5, 2006 MoL Amendments -September 07, 2006 -Attachment to Report COD-49-06 1222 RIGHT TO REFUSE UNSAFE WORK Steps to Follow: 1 i. Worker reports problem to supervisor and remains in a safe place. J ii. Supervisor,worker's safety representative or committee member and worker,investigate situation. iii. Worker returns to work if he/she deems situation no longer dangerous. If parties reach an impasse: i. Worker continues to refuse if reasonable grounds remain. fl. Worker stays in a safe place,unless assigned alternative work. iii. Supervisor will contact the Department. If the impasse remains,a Ministry of Labour Inspector may be requested by worker,worker's safety representative or employer,to investigate the refusal. iv. Inspector conducts investigation in consultation of all parties. v. Inspector issues written decision. vi. Worker returns to work following the completion of required action. Terms of Reference Joint Health & Safety Committee - Revised @ April 10, 2006 20 CAO Amendments May 5, 1006 MoL Amendments- September 07, 2006 -Attachment to Report COD-49-06 1223 WORK REFUSALS/STOPPAGES THE RIGHT TO REFUSE UNSAFE WORK As described under the Ontario Occupational Health and Safety Act Worker believes work is unsafe Worker immediately informs supervisor of situation Supervisor agrees and takes corrective action to eliminate hazard Resumorion of Work ,Ilowing investigation,supervisor agrees and tes corrective action or agreement that work Supervisor does not immediately safe agree and investigates the situation with Certified worker member of Joint Health and Safety Committee Blowing investigation by CAO/JIR; ree and take corrective action or Dispute:worker has reasonable reement that work is safe. If no grounds to believe work is unsafe reement, CAO contacts Ministry of rbour. Supervisor notifies Department Head coding results of HR/CAO or MOL or designate,CAO,and the Human vestigation,the worker remains in a safe Resources Division to investigate cation near the work station or is further. signed reasonable alternative work by e employer Ministry of Labour(MOL)is I notified The employer,Department Head/Designate,Safety Officer, Manager,the worker and the Joint Health&Safety Committee Certified worker member are present at investigation by MOL Pending results of MOL investigation,another worker may be assigned the work but he or she must The employer,the worker and the JHSC Certified be advised of the work worker member receive MOL inspector's decision refusal and the underlying reasons in the presence of Resumotion ofwork the Certified worker member Terms of Reference Joint Health & Safe Corrective action as required 2 CAO Amendments May 5, 2006 MoL Amendments - September 07, 2006 -Attachment to Report COD-49-06 1224 8. WORK REFUSALS/STOPPAGES BILATERAL WORK STOPPAGE Certified member has reason to believe dangerous STEP 1 circumstances exist or has received a complaint that such exists Certified member - Certified member requests supervisor investigate entitled to time STEP 2 matter in hislfttt presence - with pay If not satisfied with supervisor's decision,certified Certified member STEP 3 member may request second certified member entitled to time (management or worker,whichever the first is not) with pay to investigate also If both certified members agree a dangerous If both do not agree, STEP 4 condition exists,they may direct the employer to requested may be requested to stop work involved investigate Employer complies with direction and takes steps STEP 5 to remedy condition If CA R do not agree,inspector may be requested to investigate Employer requests certified member or inspector STEP 6 cancel direction Certified members jointly,or inspector,cancels STEP 7 direction Employer,members,etc.may appeal inspector's STEP 8 order to adjudicator or file complaint that certified member acted recklessly or in bad faith in making or not making direction to stop work Terms of Reference Joint Health & Safety Committee — Revised @ April 10, 2006 22 CAO Amendments May 5, 2006 MoL Amendments — September 07, 2006 —Attachment to Report COD-49-06 1225 i Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Miller Paving Limited, Whitby Ontario, to enter into agreement for the Asphalt Resurfacing, Various Streets, Contract 2. 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 and seal with the Corporation Seal, a contract between, Miller Paving Limited, Whitby, 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 2006. By-law read a third time and finally passed this day of 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1242 SCHEDULE W Lecding the Way v � MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer RECEIVED DATE: September 6, 2006 SEP 0 7 2006 SUBJECT: ASPHALT RESURFACING — CONTRACT 2 MUNICIPALITY OF CLARINGTON VARIOUS STREETS- 2006 PURCHASING DEPARTMENT OUR FILE; Pvr 2006.1 - B YOUR FILE; CL2006-50 The Engineering Services Department has reviewed the recommendation, provided by TSH and offers the following comments. We have discussed Section B of the Tender document (works included in this contract at the request of the Fire Department) with the Director of Emergency& Fire Services. As this section of the tender has exceeded the budget of Emergency and Fire Services, their Director has indicated that the works can be removed from the tender and a separate quotation will be required through Emergency and Fire Services. Therefore Section B will not be included in the scope of works. The funds allocated to tender CL2006-50 for the remaining works have been previously approved by Council from various budgets. These include Station Street road reconstruction, Move Ontario provincial funding, and the remaining Pavement Rehabilitation Program funds. The apportionments and details provided by TSH indicate the Station Street works are over budget. However, the remaining works have closed lower than previously estimated. Therefore, we are requesting that Move Ontario funds be transferred to the Station St. project and be utilized for our transportation network as approved by council. Including design and tender fees as well as contract administration and investigation fees, the Engineering Department advises the following breakdown for the above referenced project with the elimination of Section B; 1243 Louann Birket SCHEDULE „ 7„ Asphalt Resurfacing Contract 2 PVR 2006.1-6 CL 2006-50 2 September 6,2006 Project Cost Construction Costs Contract CL2006-50 ' Part A CONCESSION ROAD 6- $ ct0 083.82 TOWNLINE ROAD TO RR 34 Part B KEN HOOPER FIREHALL PARKING EXPANSION $ 0.00 Part C MEARNS AVENUE SOUTH-BASELINE ROAD TO $ 126977.26 NORTH LIMIT Part D SIMPSON AVENUE- BASELINE ROAD TO $ 122243.81 SOUTHWAY DRIVE Part E STATION STREET TOPLIFT, ORONO $65155.34 Sub-Total Construction $ 664460.23 TSH Consulting Fees Design &Tendering to August 19, 2006 $ 8874.35 Construction Administration'& Inspection $53500.00 Other Costs Geotechnical Investigation $ 1000.00 Sub-Total Estimated Project Costs - $ 727834.58 Contingencies $ 39518.60 Total Estimated Project Costs $767000.02 Estimated Budget Amount $774000.00 - - AN Values Erdusive of GST Project Breakdown Accounts Asphalt Resurfacing Contract 2 Station Street Top LIN Orono 110 32 331 83212 7401 11032 330 83260 7401 $98000.00 $35000.00 Carried forward from Contract 1 Approved Budget Value Breakdown $595000.00 $39000 .00 Move Ontario Fund Transfer Move Ontario Fund Transfer $693000.00 $74000.00 Total Total Total Project $693000.00 $74000.00 Value Estimated Su lus $0.00 $0.00 All Values Exdushre of GST CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 1244 Louann Birkett Asphalt Resurfacing Contract 2 SCHEDULE N�n PVR 2006.1-6 CL 2006-50 3 September 6,2006 We concur with the recommendation to award the contract to Miller Paving Limited in the amount of $664,460.23 exclusive of G.S.T. for the Asphalt Resurfacing (Contract 2) project for 2006. We recommend the report to Council move forward based on the above apportionments and the appropriate funds be transferred as shown. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, Bruno M. Bianco, P. Eng. Design Engineer BB/sc Attachment cc William McCrae, P. Eng., Totten Sims Hubicld Nancy Taylor, Director of Finance !:SCFileg,iem.O6.Sept.6.06.Asphat Resurf,Contract2.VarStris.06.PVR2006.1.B.BBsc.toLouannBirken CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T(905)623-3379 1245 T/H SCHEDULE "B" ■ Totten Sims HubkW Associate engineers 519 Division Street, architects Coboura,Ontario,Canada KSA WO (905)372-2121 Fax:(905)372-M I planners E-mail:cobourg".ca www.tah.ca September 6,2006 Mr.A.S.Cannella,C.E.T. Director of Engineering Services Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE,Ontario. L1C 3A6 Dear Mr.Cannella: Re: Aspbalt Resurfacing,Phase 2,Various Streets Contract CL2006-50 Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Thursday,August 24,2006 at 2:15 p.m.A list of the bids received is provided in the table below. All numbers are exclusive of GST. BIDDER TOTAL BID AMOUNT Miller Paving Limited $745,856.05 Whitby,ON Lafarge Paving&Construction Limited $747,260.31 Oshawa, ON TSH has reviewed all bids accepted by the Clarin gto n Purchasing Department and have confirmed the bid values noted above. As requested by the Purchasing Department references have been checked for the low bidder Miller Paving Limited. Staff from the Region of Durham and the Township of Uxbridge were contacted and have confirmed the contractor's performance on projects of similar scope to be satisfactory. Estimated costs for various project components,based on Miller Paving Limited's bid,are summarized on the attached cost apportionment. Parts A,C and D of the project are estimated to be on budget while Parts B and E are over budget when compared to the total amount allocated for these locations in the Municipality's budget. The reasons for Part B—Ken Hooper Fire Hall Parking Lot being over the original budget estimate can be attributed to the original estimate being based on a concept drawing without detailed design being completed and using construction pricing from lastyear at which time asphalt prices were substantially lower. For Part E—Station Street the budget overage can be attributed to the increase in construction pricing,especially the cost of asphalt cement,from when the budget estimate was originally prepared last year. It is recommended that all components of the project be completed with the exception of Part B. 1246 I Mr.AS.Cannelhk C.U. SCHEDULE 'Bu September6,2006 2 Part B should be reviewed with the Fire Chief to confirm if the project can be completed at a reduced scope to meet the project budget or request additional funding to complete the original scope of work. We have discussed the removal of Part B,which represents approximately 10.9%of the total bid,with the low bidder and they have agreed to hold their pricing for the balance of the work. Based on the above it is recommended that the tender in the revised amount of$664,460.23 (exclusive of G.S.T.)be awarded to Miller Paving Limited, Whitby,Ontario. Deposit cheques or bid bonds should be retained for the low and second low bids until the Contract has been executed. Should you require any further information,please contact the undersigned. Yours tndy, R Albright,P.Eng Project Engineer RA/cg M7-ZSSiLCmmprl�mJee Encl. PC: Mr.Bruno Bianco,P.Eng.,Design Engines Mr.Gord Weir,Director of Emergency and Fire Services/Fire Chief VH 1247 MuntclpeMy of Cleringlon Asphtik R"Ufk ing,Phase 2 Vtebtq Slnebs Appordwenerd Based an Bar Lw BN SubmNMd by Miller Postal;Umle Cooked C1200BdO Augua120,2006 Tau emu 012 s-13 _ WNStlMy,w,�WSnM��OJei,� N A OD n 2 M C7 nR r— m ao Ctaring[on Dwripum Tam .�.• Yams Ammn Simpson A", Baseline to Station Strset,TOP Comments South �Grotto Ken Hooper Fhelleff 11082 83089212 7401 11082 880 56280 7451 11028 870=30 7401 Construction Lion Co Canstrta:lbnCWd Contrast CL2000J0 , PWIA CONCESSION ROAD 6- TOVINUME ROAD TO RR 84 i 300.868.82 i 960.056.82 Part B KEN HOOPER FIRENALL PARKING EXPANSION S 81,395.82 Pot MFARNS AVENUE SOUTH-tWELINE ROAD TO f 81,805.82 NORTH LIMIT f 128,07750 S 128,07720 pan SIMPSON AVENUE-BASELINE ROAD TO SOUTHNAY DRIVE f 122245.8[- 8 122,243A1 Pot STATION STREET TOPLIFT,ORONO f 05,166.34 Sub-Total Construction $ 745.856.5 f 35D.M.82,s 1211.97720111 122,243.81 f 65.156.94 s 65.155.34 It 01,895.62 TSH Project Number 12-29619 Design A Tendering to August 10,2006 S 8.874.35 f 5,133.83 S 1,510.80 $ 1,454AS S 775.23 Construction Admbbtmdon A,Impeconll oewcoaft f' 80,000.00 5 26.000.00 f 12.000.00 $ 12,000.00 $ 4,608.88 S 4,S00A0 Omlahwcd hnawshoo f 1,000.00 S 1,000A0 - WmkoonWk by Gelderland Sub-Total Other Cosh S 1,000AO f g .80 1.800 Associa es Sub.Taal Eetimatad Pmla"Caab f 815,730AD $ 380.217A6 f 141A56A8 f 186.00620 f 70AM.67 s s B?JM22 Iss odd Estimated ProjastCoeb f 48,740.88 f 19,782.35 S 6,420.00 f 7A19A3 S 9,667.15 S 4,221.90 Edmabd S s6s,000A0 f 450.000.80 f t50,000A0 f 149,200.10 f 74,000.00 1 It 02,000.00 $645.000A0 BudpatAmoum S 774.08CA0 1135.000A0 144000 $008,000.00 OaelUnde BUdgetAeoum S (84.845 [0.00 N costa e16Lde O.B.T. i00.000A0 i (45.910. _ WNStlMy,w,�WSnM��OJei,� N A OD n 2 M C7 nR r— m ao Claro� REPORT Leading the Way CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: September 18, 2006 Resolution #: Report#: COD-050-06 File #: By-law#: Subject: RE: OMERS Support Fund Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-050-06 be received; 2. THAT the Municipality of Clarington agree to the Association of Municipality of Ontario's (AMO) request to provide financial support to AMO for the purpose of responding to issues arising out of the changes to the OMERS system; and 3. THAT AMO, and the Durham Region Area municipalities, be advised of Council's decision. Submitted by: Reviewed by. Marie Marano, H.B.Sc., C.M.O. Franklin Wu Director of Corporate Services Chief Administrative Officer Attachment # 1 : AMO Document—Allocating Costs of the OMERS Support Fund # 2 : AMO Document— OMERS Support Fund Budget (estimated) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 1226 REPORT NO.: COD-050-06 PAGE 2 1.0 BACKGROUND 1. The Association of Municipalities of Ontario (AMO), hosted a meeting at the 2006 annual conference to explain the magnitude of support that will be required to respond to legal and administrative matters that will result from the recent governance changes to the OMERS system. The legislated changes such as the supplemental benefit plans that will be negotiated for the emergency service sector, will result in complex legal, actuarial, and administrative reviews that AMO does not currently fund, will be expected from this Association. 2. AMO has requested all municipalities to support the Association by providing funding based on the number of OMERS employees in its employ. The Attachment#1 &#2 are from the AMO document reviewed at the 2006 AMO conference, and they outline the proposed budget and funding formula. The 2006 partial year allocation is $1.73 per OMERS employee, which would translate to approximately $520 in 2006, and approximately $1,520 in 2007 (based on 300 employees). 3. It is recommended that the Municipality of Clarington, support AMO's funding request as it is expected that the information will be extremely valuable as the complexities of the supplemental plans unfold, and the cost of exploring the issues would be cost prohibitive for each municipality to undertake on its own. 4. It is expected that AMO will invoice each participating Municipality in the near future. The funds collected are to be maintained in a separate account and used only for the purposes they are collected. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1227 PORT-NO.: COD-050-06 ATTACHMENT#1 I I Allocating Costs of the OMERS Support Fund The estimated costs and allocation of costs for 2006,2007 and 2008 are as follows: *' , utlgeenr Estimated Total Ann.�u�bly Estrmaie Ilocaiir ruo# �fltt`i<i�fbV�bic'�i!%ts % a,. i i .c Er[It��tl��r4F� .✓ 2006 (partial year) $170,000 2007 $498,000 $5.06 2008 $563,000 $5.72 Note: The above estimates may be reduced if certain costs are recovered from other designated employer groups,and is dependent upon number of meetings and nature of the Sponsors Corporation workplon. 0 is proposed that,in the Fall of 2006, municipalities with OMERS employees will receive on invoice requesting payment of 2006 and 2007 allocated costs. The AMO Board of Directors recognizes that,for some,these may be considerable sums of money. While providing this level of investment in employer interests is not within AMO's current financial capacity,this is a very important matter for municipalities who have employees enrolled in the OMERS plan. Not investing to protect the employers' interests puts those interests at greater risk It is AMO's expectation and hope that each OMERS municipal employer will see the need to contribute,and do so on an ongoing basis. AMO will report regularly to the OMERS municipal employers on the proceeds of this special fund (e.g.,budget and expenditures) and the ongoing work of the AMO employer representatives. 6 1228 i :EPORT NO.: COD-050-06 ATTACHMENT#2 Appendix C: AMID OMERS Support Fund Budget (estimated) �ciegorie5 - ' Classii'ICgtion : Budget Yetar ,. 200¢ 2QQT • ; 200 Expenses Recruitment 50,000 25,000 25,000 Representation& 75,000 200,000 270,000 Indemnification Research& 90,000 255,000 250,000 Supports AMO OMERS 2,000 8,000 81000 Steering Committee (4 meetings/year) Communications 7,000 10,000 10,000 Training Costs/ 61000 0 0 Orieniation4 I Totcl:; 170,000 d98 000 563,Ob0 - )xpenses ti Municipal Employees including Police services Board•estimated 98,500 members Revenue Expense per 1.73 5.06 5.72 Municipal/Police Services Employee Tofai 174.000 498,000 U3,000 Revte�we Cost recovery for"research&support"may be obtained from other employer groups and/or the Sponsors Corporation(this is not yet determined), . 4 There may be training costs in 2007/08 subject to appointments to the Sponsors Corporation and Administration Corporation beyond the transitional one year timefiame. 14 1229 I Clar�tgton Leading tke Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 18, 2006 Report#: COD-051-06 File # By-law# Subject: 2006 Tree Maintenance and Stump Grinding Contract Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-051-06 be received; 2. THAT Cressman Tree Maintenance & Landscaping Ltd., Cobourg, Ontario, with a total bid amount of $43,565.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of the Request for Quotation, be awarded the contract for the 2006 Tree Maintenance and Stump Grinding Contract;and 3. THAT the funds expended be provided from the Parks Maintenance — Contract Account #100-36-325-101 7163, FORTHWITH. ' O Submitted by: Reviewed b . arie Marano, H.B.Sc., C.M.O. Franklin Wu, Dire of Corpor a Se ices Chief Administrative Officer Nancy Tavl6r,JR. Direct of F' an F014 F H ath, RDMR, RRFA, erector of Operations MM/LAB/LM/Im 1230 REPORT NO.: COD-051-06 PAGE 2 BACKGROUND AND COMMENT For the information of Council, the value of this contact was initially estimated at approximately $15,000.00. Therefore, under the current Purchasing By-law 2006-127, due to this estimated dollar value, it was not necessary to issue the request through the formal quotation/tender process. The informal request for quotation was issued to four (4) bidders who regularly provide pricing on this type of work Only one (1) bid was received, from Cressman Tree Maintenance & Landscaping Ltd., Cobourg, Ontario, in the amount of$43,565.00 (excluding G.S.T.). The other three bidders identified their"no bid" was due to their current heavy workload, which would not allow them to complete our contract as required. The previous year's contract was awarded in the amount of $26,289.50 (excluding G.S.T.). Operations Staff have confirmed this years requirements were initially based on the annual average, plus the increased awareness of hazardous trees brought forth by residents, plus the increase due to mother naturetwind storms. After further review and analysis of the bid received by Operations and Purchasing, it was mutually agreed that Cressman Tree Maintenance & Landscaping Ltd., Cobourg, Ontario , be recommended for the contract for the 2006 Tree Maintenance and Stump Grinding Contract, as required by the Operations Departments. The total funds required for this contract, are included in Parks Maintenance—Contract Account #100-36-325-10115-7163, in which sufficient funds are available. 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. The low bidder has previously provided satisfactory service for the Municipality of Clarington. Due to the significant number of areas requiring immediate attention, a FORTHWITH approval is requested. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-416 1 Qing the way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 180, 2006 Report#: COD-052-06 File# By-law# SUBJECT: CL2006-49, PORT OF NEWCASTLE WATERFRONT TRAIL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-052-06 be received; 2. THAT Rutherford Contracting Ltd., Gormley, Ontario with a total bid in the amount of $323,499.65 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-49, be awarded the contract for the Port of Newcastle Waterfront Trail as required by the Engineering Department; 3. THAT the total funds required in the amount of$455,000.00 [$323,499.65 tender, plus contract administration, contingencies and previously committed (Bluff Seeding, CL2006-22)] be drawn from Engineering 2006 Capital Account#110-32-325-83304 7401; 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: Reviewed by: 3 rie Marano, H.B.Sc., C.M.O. Franklin Wu, D eptor of Corporate ervic F Chief Administrative Officer ancy a lor, .B. . Dir inance Cannella, C.E.T. Director of Engineering Services MMWTIASCILAB1km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1232 it REPORT NO.: COD-052-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Port of Newcastle Waterfront Trail, Newcastle, Ontario, as required by the Engineering Department and as shown on the map below: NEWCASTLE o 't F, MetcaU St. i V� IF r L akab �r S 4r `!•Lake Ontario � R , 3 A Newcastle Waterfront Trail (2006) Tenders were advertised in local papers, as well as the Daily Commercial News. Subsequently, tenders were received and tabulated as per letter from Totten Sims Hubicki Associates Schedule "B"attached. The total project cost, including Project Administration, costing allocation and previously committed funds of $48,250.00 for Bluff Seeding, Tender CL2006-22 is $455,000.00. The funding will be provided from the 2006 Capital Budget Account 110-32-325-83304-7401 and is as outlined in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates marked Schedule"B° The low bidder has provided satisfactory service to the Municipality of Clarington in recent years. 1233 REPORT NO.: COD-052-06 PAGE 3 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 Engineering. t After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Rutherford Contracting Ltd, Gormley, Ontario, be recommended for the contract for the Port of Newcastle Waterfront Trail Attachments: Attachment 1 —Schedule "A", By-law Attachment 2 —Schedule "B", Memo from Engineering Services and Letter from Totten Sims Hubicki Associates 1234 i Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario, to enter into agreement for the Port of Newcastle Waterfront Trail. 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 and seal with the Corporation Seal, a contract between Rutherford Contracting Ltd., Gormley, 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 2006. By-law read a third time and finally passed this day of 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1235 q TMSCHEDULE "B" Totten Sims Hubidci Associates.engineers 513 Division Street architects Cobourg,Ontario,Canada K9A5G6 planners (965)372-2121 Fax:(906)372.3621 E-mail:cobourg @tsh.ca www.tsh.ca i September 8,2006 Mr.P.Windolf,OALA Manager of Park Development Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE,Ontario. L1C3A6 Dear Mr.Windolf Re: Port of Newcastle Waterfront Trail Contract CL200649 Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Wednesday September 6,2006 at 2:15 p.m.A list of the bids received is provided in the table below. All numbers are exclusive of GST. BIDDER TOTAL BID AMOUNT Rutherford Contracting Ltd. $323,499.65 Gormley,ON Aloia Bros.Con. Contractors $378,631.00 Toronto,ON Royal Crest Paving&Contracting Ltd. $378,796.50 Markham,ON TSH has reviewed bids accepted by the Clarington Purchasing Department and have confirmed the bid values noted above. As requested by the Purchasing Department references have been checked for the low bidder. In addition to the number of parks Rutherford Contracting Ltd. has completed for the Municipality of Clarington in the last few years(CL2004-13)and ongoing Port Darlington Trail (CL2006-08), Rutherford has also completed a number of projects with similar scope for public agencies such as the Town of Richmond Hill and the Town of Markham. Those references that were contacted stated that Rutherford completed the necessary work in a timely manner meeting schedule requirements, in accordance with project specifications and were professional and knowledgeable of the required work. 1236 SEP-12-2006 TUE 09;37 AM TSH COBOURG FAX NO. 905 372 3621 P. 02 Mr.P.windolt;OAI.A September S.20M n G p SCHEDULE w Project costs based on Rutherford Contracting Ltd.'s bid and other project components are summarized as follows: Description Cost Construction Costs per Contract CL2006.49 $323,499.65 Detailed Design,Tendering,TSH Project Number 42-80449 to Aug.26,2006 $20,712.26 Contract Administration $30,000.00 Contingencies(Estimated) $32,538.09 Previously Committed (Bluff Seeding CL2006-22) $48,250.00 Total Estimated Project Costs $455,000.00 Clarington Budget Amount $580,000.00 Account 110 32 325 83304 7401 Estimated Budget Surplus $125,000.00 The cost of all project components are estimated to be$125,000.00 under the available budget It is recommended that the tender in the amount of$323,499.65 (exclusive of G.S.T.)be awarded to Rutherford Contracting Ltd, of Gormley,Ontario. Deposit cheques or bid bonds should be retained for the low and second low bids until the Contract has been executed. Should you require any further information,please contact the undersigned Yours truly, Ron Albright,P. Project Engineer RA/cg P/42.80"WCan 21846.dac. Encl. 1237 i C� gC�Il SCHEDULE "B" Leading the Way - MEMO TO: Lou Ann Birkett, Purchasing Manager FROM: Peter Windolf, O.A.L.A., Manager of Park Development DATE: September 7, 2006 SUBJECT: PORT OF NEWCASTLE WATERFRONT TRAIL . CL2006-49 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. We concur with the recommendation to award the contract to Rutherford Contracting Ltd. in the amount of $323,499.65 exclusive of G.S.T. for the Port of Newcastle Trail project for 2006'. A contingency allowance of approximately 10.0% is carried forward for the project. Therefore, including design, tender fees, contract administration fees and previously committed costs, the Engineering Services Department advises the following Municipal breakdown for the above referenced project. Port of Newcastle Waterfront Trail Account 110 32 325 83304 7401 Total Project $455,000.00 Amount Budget Amount $580,000.00 Estimated Budget Surplus $125,000.00 1238 (Orono Streetscape Improvements SCHEDULE "B" CL 200645 August 30, 2006' We recommend to move forward with award of the tender and issuance of the purchase order in the amount of $323,499.65 (excluding G.S.T.) to Rutherford Contracting Ltd. based on the above costs and funding arrangements. Attached for your files is the recommendation provided by TSH. Shouldyou have any further questions, please feel free to contact the undersigned. Regards, Peter Windolf, O.A.L.A. Manager of Park Development BB/sc Attachment cc John Collver, OALA, CSLA, Totten Sims Hubicki Ron Albright, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 1239 Cla�.�gt�n Leading the Way - REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 18, 2006 Report#: COD-053-06 File# By-law# Subject: CL2006-50, ASPHALT RESURFACING, VARIOUS STREETS, CONTRACT 2 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-053-06 be received; 2. THAT Miller Paving Limited, Whitby, Ontario with a total revised bid in the amount of $664,460.23 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-50, be awarded the contract for the Asphalt Resurfacing, Various Locations, Contract 2, as required by the Engineering Department; 3. THAT the total funds required in the amount of$767,000.02 ($745,856.05 less Ken Hooper Fire Hall Parking Expansion, plus contract administration, contingencies and soils) be provided from the following 2006 Capital Budget Accounts: Station Street Top Lift, Orono 110-32-330-83260-7401 $ 74,000.00 Asphalt Resurfacing, Contract 2 110-32-330-83212-7401 $693,000.00; 4. THAT the remaining funds from Parts A, C and D of Tender CL2006-50, be re-allocated to Part E (Station Street Top Lift, Orono); and 5. THAT the attached By-law marked Schedule "A"authorizing the Mayor and the Clerk to execute the nec sary agreement be approved. Submitted by: Reviewed by: -- `� —Mgrie-Marano, H.B.Sc., C.M.O. Franklin Wu, Direc r of Corp?,0e S rvices Chief Administrative Officer Nancy Ta' lor, B.V. Di inance r"' A. . Cannella, C.E.T. Director of Engineering Services MMINTIASCILABIkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1 240 i REPORT NO.: COD-053-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Asphalt Resurfacing, Various Streets, Contract 2, as required by the Engineering Department. Tenders were advertised in local papers, as well as the Daily Commercial News. Subsequently, tenders were received and tabulated as per Schedule "B" attached. As the price received for Part B, Ken Hooper Fire Hall Parking Lot Expansion exceeded the budget allocation for this portion it is recommended that it be deleted from the tender. The low bidder has agreed to hold their pricing for the balance of the work with the removal of this item. Further, as the price for Part E (Station Street Top Lift, Orono) exceeds the budget allocation of $35,000.00 for this portion, it is recommended that the remaining funds from Parts A, C and D be re-allocated to Part E. The total project cost, including Project Administration, and costing allocation is detailed in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the 2006 Capital Accounts#110-32-331-83212-7401 ($693,000.00) and 110-32-330-83260-7401 ($74,000.00)from which there is $767,000.00 available. The low bidder has previously performed satisfactory work to the Municipality of Clarington. 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 Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Miller Paving Limited, Whitby, Ontario, be recommended for the contract for the Asphalt Resurfacing, Various Streets, Contract 2. Attachments: Attachment 1 —Schedule"A", By-law Attachment 2—Schedule "B", Memo from Engineering Department and Letter from TSH 1241 Cl�lil�°t0�: Leading a Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 18, 2006 Report#: COD-054-06 File# By-law# Subject: CL2006-52, Access Construction—Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-054-06 be received; 2. THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of $71,825.25 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-52, be awarded the contract for the Access Construction, Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville, Ontario as required by the Engineering Department; 3. THAT the funds required in the amount of$267,000.00 ($71,825.25 tender, plus traffic signals above and below ground infrastructures, driveway closure and administration) be drawn from the Engineering 2006 Capital Account# 110-32-330-83277-7401; 4. THAT additional funds required in the amount of$1,530.00 be provided from the Road Contribution Reserve Fund and $15,470.00 from the Development Charges Road and Related; and 5. THAT the attached By-law marked Schedule"A" authorizing the Mayor and the Clerk to execute the ne ssary agreement be approved. Submitted by: Reviewed by: arie Marano, H.B.Sc., C.M.O. Franklin Wu, I Corporate ervi Chief Administrative Officer o B.B.A A.,F ance A.S. Cannella, C.E.T. Director of Engineering Services MMINTIASCILAB1km CORPORATION OF THE MUNICIPALITY OF CLARINGTC?449 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 REPORT NO.: COD-054-06 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for tl a Access Construction, Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville, Ontario within the Municipality of Clarington, as required by the Engineering Department. Tenders were advertised in local papers, as well electronically. Subsequently, tenders were received and tabulated as per Schedule "B"attached. The total project cost as outlined in the memo from Engineering Services, marked Schedule "B", including Project Administration, and costing allocation is $267,000.00 ($71,825.25 tender, plus traffic signals above and below ground infrastructure, driveway closure and administration and will be provided as follows: 2006 Budget Account# 110-32-330-83288-7401 $250,000.00 Road Contribution Reserve Fund $ 1,530.00 Development Charges Road and Related $ 15.470.00 $267,000.00 The low bidder has previously performed satisfactory work for the Municipality of Clarington. 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 Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Ron Robinson Limited, Bowmanville, Ontario, be recommended for the contract for the Access Construction, Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville, Ontario. Attachments: Attachment t —Schedule"A", By-law Attachment 2—Schedule"B", Memo from Engineering Department and Letter from TSH 1 250 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGI ON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Access Construction, Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville, Ontario. 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 and seal with the Corporation Seal, a contract between, Ron Robinson Limited, of Bowmanville, 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 2006. By-law read a third time and finally passed this day of 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1251 Cl�tlI1011 SCHEDULE "8" Leading the Way _ MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer DATE: September 12, 2006 SUBJECT: ACCESS CONSTRUCTION-STRATHAVEN LIFECARE AND 280 KING STREET EAST DRIVEWAY IMPROVEMENTS, BOWMANVILLE CONTRACT CL2006-52 MUNICIPALITY OF CLARINGTON FILE NO.: G.20.24 The Engineering Services Department has reviewed the recommendation provided by TSH and offers the following comments. The low bid for the above final phase of the referenced project is $71,825.25 exclusive of G.S.T. The design, consulting, and contract administration fees have already been taken into account through previous phases and are ongoing. The total project cost outlined by TSH is $267,000.00 which results in an estimated over expenditure of $17,000.00 with respect to the entire project. As indicated by TSH, the increased costs are due to the inflated pricing seen throughout 2006 in comparison to the 2006 construction year. Therefore, the engineering department advises the following Municipal breakdown for the above referenced project; Estimated Costs & Funding Reserve Funds-Road Contributions Available Project Funds $22, 500.00 Account 110 32 330 82377 7401 " DC-Roads & Related $227,500.00 Total $250,000.00 Total Project Cost $267,000.00 Budget Deficit $17,000.00 Reserve Funds Road Contributions Additional Proposed Funds $1,530.00 DC-Roads & Related $15,470.00 Total $17,000.00 All values exclusive of GST 1252 • d d Axes Construction ? St`Jt':taY°iiii`;BCeI�B 1L-"J8Q-O� i �Lil�,V6 vL SCHEDULE "B" We concur with the recommendation to award the contract to Ron Robison Limited in the amount of $71,825.25 exclusive of G.S.T. Fnr the access construction of Strathaven Lifecare and 280 King Street East. i We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, Bruno M. Bianco, P. Eng. Design Engineer BB/dv Cc: William McCrea, P. Eng., Totten Sims Hubicki- Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 v: i hAcP:JS20vG.AC CES&CCINS T RUCTION.STPATHAVENL IFECARE.280KINGST,BB.CL2v06-52 1253 i f H SCHEDULE "B" . Totten Sims Hubidcl Associates . engineers 513 Division Strset, architects Cobourg,Ontario,Canada 1t9A 5G6 l r (905)372.2121 Fax:(905)372-3521 p a n e s E-mail:wbourp@uh.ca www.tsh.ca September 11,2006 Mr.A.S.Cannella,C.E.T. Director of Engineering Services Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLB,Ontario. LIC 3A6 Dear Mr.Cannella- Re: Access Construction—Strathaven Life Care and 280 Ming Street East Driveway Improvements,Bowmanville Contract CL2006-52,Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Thursday,August 24,2006 at 2:15 pm.A list of the bids received is provided in the table below. All numbers are exclusive of GST. BIDDER TOTAL BID AMOUNT Ron Robinson Limited $71,825.25 Bowmanville ON Lafarge Paving&Construction Limited $74,568.00 Oshawa,ON TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid values noted above. As requested by the Purchasing Department references have been checked for the low bidder Ron Robinson Limited. Staff from the Region of Durham and the D.G.Biddle 8D:Associates were contacted and have confirmed the contractor's performance on projects of similar scope to be satisfactory. Ron Robinson Limited has also completed several projects for the Municipality of Clarington over the past several years including the reconstruction of Hunt Street and Scugog Street in Bowmanville. Their performance on these projects was also satisfactory. The driveway relocation for the Strathaven Life Care Centre and 280 King Street East is the final phase of a multi phased project to install signals and to relocate the main access to the Bowmanville Mall. An estimate of overall project cost excluding G.S.T.is summarized as follows: 1254 Mr.A.S.Cannella,C.B.T. September 11,2006 2 SCHEDULE "B" Description Estimated Cost Comment Installation of underground infrastructure $72,610.44 Developer to be reimbursed for traffic signals(front ended by developer to coordinate with on site works and control project schedule) Installation of above ground signal $85,000.00 Clarington PO infrastructure and line painting by Region of Durham Driveway Closure . $2,313.86 Completed under Clarington Contract CL2005-3 Driveway Relocation $71,825.25 Completed under Contract CL2006-52 Detailed Design.Project Coordination& $35,250.45 TSH Project Number 12-29246 Construction Administration from Ma 15 2005 Total Project Costs S267,000.00 Contingency allowances have been included in the estimate for each project component The project is now estimated to be$17,000 over the$250,000 budget amount. This is primarily a result of the unforeseen significant increase in fuel prices,resulting in a dramatic increase in the cost of asphalt cement used in the production of hot mix pavement,and the unforeseen volume of work available for contractors to bid on in 2006. Based on the above,it is recommended that the tender in the amount of$71,825.25(exclusive of G.S.T.) be awarded to Ron Robinson Limited,of Bowmanville,Ontario. Deposit cheques or bid bonds should be retained for the low and second low bids until the Contract has been executed. Should you require any further information,please contact the undersigned. Yours truly, William McCrae P.En Senior Project Engineer WM/cg P112-29246CM9*218Sl M Encl. PC: Mr.Bruno Bianco,P.Eng.,Design Engineer,Municipality of Clarington UH 1255 . , . Clarin��W� /n LeadiagtbeWay�/ REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18 2006 Report #: ADM-05-06 File: By-law #: Subject: DURHAM STRATEGIC ENERGY ALLIANCE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADM-05-06 be received; and 2. THAT Council confirm Clarington's membership with the Durham Strategic Energy Alliance and the membership fee be drawn from Account No. 21-211-X-7200 (Unclassified Admin Membership Account). Submitted by: — r n Franklin Wu Chief Administrative Officer SN*DJC*FW August 18, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 1401 REPORT NO.: ADM-05-06 PAGES 2 1. The Durham Strategic Energy Alliance (DSEA) is a non-profit organization of businesses, institutions and government committed to promoting and building upon Durham Region's unparalleled strengths in the energy sector. The vision of the Durham Strategic Energy Alliance (DSEA) is to position Durham Region as a world leader in providing timely, sustainable and reliable energy solutions. Its' mission is to foster an energy-friendly environment in Durham Region that is a model for action in Ontario and Canada in the 21 st Century. 2. Membership in the DSEA encompasses committed businesses, educational institutions and municipal governments. Municipal members include the Town of Ajax, City of Oshawa, City of Pickering, Town of Whitby, the Municipality of Clarington and the Region of Durham. 3. The DSEA's mandate is to: Facilitate initiatives that market Durham Region as an energy centre of excellence. Contribute to initiatives which enhance Durham Region's attractiveness as an energy-friendly region. Facilitate initiatives that market Durham Region as an energy centre of excellence. Educate the community at large on the benefits and opportunities of sustainable energy solutions. Contribute to the development of human capital and innovation. Engage government, opinion leaders and key stakeholders. Initiate actions which contribute to public awareness. Provide networking opportunities for committed organizations and individuals 4. Clarington's Energy Park is one of the initiatives being promoted by the DESA on their website. The site at www.durhamenergv.ca details Clarington's Energy Park's vision, advantages, location and opportunities and promotes the park. 5. Membership is subject to review by the DSEA Committee and to fees of $1500.00 for admission (founders fee) as well as a $500.00 annual fee. These fees are a worthwhile investment given the Municipality "cornerstone" in the energy business. 6. The Municipality is represented on the DSEA by Suzanne McCrimmon, Business Development Officer with the Clarington Board of Trade and by Councillor Adrian Foster. 1402 Handouts I f 1 1 i 1 1 1 1 1 Highway 35 Transportation Planning and Preliminary Design Study W.P. 241-99-00 Municipality of Clarington General Purpose and Administration Committee September 18, 2006 Q Ontario URS Studv Area Q Ontario 2 I 1 1 t l I 1 1 l l l L l t t L ii pk 35 � ©�� riiid ay fl 7 D7� CuwMbObew's COMM Rembore } t City O, Ladd" FORMER Kawarth TOWNSHIP OF OP i u� 4t Lakes Q vunc Notes "C i 7 POILMER Ja�etYJIOe TOWNSHIP OF MANVFRS Bethany Highway 35 ' Highway'VA Connection Study Area 7A � 7A OVPd -I Bally ff W dtc Pp. ( PD lLoil ... Highway 35 Study Project glz s>s s' Limits M�- 9 Ma © ` UNICIPALITY OF t CLARINGTON raRn.� 2 I 1 1 t l I 1 1 l l l L l t t L ii pk I I I I 1 I I I 1 1 1 1 1 1 1 I I 1 I I Studv Back round • May 2000: Project initiated to determine the ultimate four lane vision/strategy for Highway 35. • May 2000 to: Four rounds of Public Information Centres were held. July 2003 • July 2003: Presented the preliminary design of recommended alternative. • Based on concerns expressed at the July 2003 PIC, the Project Team committed to revisit the Highway 35 / Highway 7A Connection. • Spring 2004 to: Project was put on hold by the government pending the Fall 2005 outcome and the release of the Proposed Growth Plan for the Greater Golden Horseshoe. • November 2005: First PIC for the Highway 35/Highway 7A study presented: • Highway 35/Highway 7A Connection alternatives. • Proposed evaluation methodology. Q Ontario 3 D Final Public Information Centre - Overview • The final PIC took place on May 31 and June 1 , 2006; • The Project Team presented: • The technically preferred alternative for the Highway 35/Highway 7A Connection. • The preliminary design of mainline Highway 35 based on updates since July 2003. • A total of 257 members of the public attended. ■ A total of 57 comment sheets were received. ■ Private meetings were held with newly impacted property owners in advance of the first day of the PIC. ® Ontario n L 'i � I 1 ! l 1 1 ( 1 l 1 ! 1 1 1 l t [ t I I 1 I 1 1 I 1 1 1 1 i 1 1 I I 1 1 I 1 Hiahwav 35 Mainline - Recommended Improvements • Have been developed based on minimizing environmental impacts to the extent possible, while maximizing the transportation benefits. • The recommended improvements include: • Widening Highway 35 to four lanes with concrete median barrier. New lanes to be added on the east side of Highway 35. • Interchange improvements at Highway 35/115. • Provision of bucksaw interchanges at 9 existing sideroad locations. Interchange locations based on maintaining access and reducing out-of-way travel. ■ Service road network which facilitates continuous movement from one end of the study area to the other. Provides for safe movement of agricultural equipment and minimizes out-of-way travel for emergency services vehicles. ■ Right-in/Right-out access to other existing intersections. These sideroads will be connected to the service road network. ■ Realignment of Highway 7A, including Parlco interchange to connect with Highway 35. ■ Geometric improvements at various locations. Q Ontario 5 L 0 Hiahwav 35 Mainline - Tvaical Cross-Section 55m PROPOSED TYPICAL ROW EXISTING PA I,2.50 I EXISTING GROUND 1 I Q Ontario EXISTING PROPOSED EXISTING PROPOSED It It P/L P/L HIGHWAY 35 H*"AY 35 16.3m PROPOSSEA D ITIONAL 300 1 3,75 3,75 7.50 m 175 175 1 300 ILD RNC PROPERTY SHID SOL SBL MEDIAN NRL NOL S 3.35 3.35 SID SHLD It ' t 2.50 . x •zx 2 G . � 2%' 6 �:1 f l _ 31i-• - - - - - - - - L'i � 1 I I I I 1 I I I I I I I I I I 1 t l I r I r r 1 1 9 r r r r 1 r 1 1 1 / 1i Highwav 35 Mainline — Recommended Improvements Q Ontario L 11 10, �, '�( �1 Fft i Ko' I il(j 44�r� I 1 1 I 1 t t I 1 ! 1 1 1 1 1 f 1 1 . 1 Hiahwav 35/7A Technically Preferred Alternative ■ Alternative 5-5A was selected as the technically preferred alternative because: ■ It offers a superior transportation solution as a result of the safety and operational benefits offered by a Parclo interchange: • Accommodates a higher traffic demand; • Avoids a significant speed differential between traffic in the speed change lanes and traffic in the adjacent "through" lanes; • Provides a continuous route along Highway 7A and removes highway "through traffic" from Highway 35. ■ This alternative results in relatively low environmental impacts: • Fringe impacts to Oak Ridges Moraine Natural Core and Countryside Areas • Relatively low impacts to fish habitat. • Fewest impacts to residential properties. • Maintains good community access. Q Ontario I C Final PIC - Comments Received ■ Highway 35 mainline and Service Road Network: • Widening to four lanes is not required; • Passing lanes should be provided as an interim solution, ■ Concern with regard to property impacts; ■ Concern for environmental impacts and mitigation; • Timing of the construction, • Out-of-way travel requirements (access for farm vehicles); and, • Requests for information (plans and maps). Q Ontario UM io 1 1 i l 1 1 1 1 t i 1 1 l 1 l t 1 1 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 f 1 1 ' 1 Final PIC - Public Feedback ■ Highway 35 / Highway 7A Connection: ■ Preference for Alternative 5-5A (in the majority of comment sheets); ■ Concern with regard to property impacts; ■ Concern about proximity of residence to new infrastructure; ■ Concern about impact of improvements to noise levels; ■ Concern about reduced access to school and the arena; ■ Improved travel convenience for trips along Highway 7A; ■ Improvements will support economic growth; and, ■ Timing of construction. QQ Ontario 11 I= Next Steps • Meet with External Agencies; • Compile public and agency input; • Finalize the preliminary design; • Prepare the Transportation Environmental Study Report (TESR); and, • Submit the TESR for a 30-day public review. Q Ontario 12 L 0 �D' 1 1 1 1 1 1 1 t 1 1 1 1 1 I 1 [ 1 1 [