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HomeMy WebLinkAbout04/10/2007 Ener 'zin On[arfo�.J GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: April 10, 2007 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of March 26, 2007 301 4. (a) PRESENTATIONS No Presentations (b) DELEGATIONS (i) Suzanne McCrimmon — Clarington Board of Trade — Quarterly Update (ii) Sheila Hall — Clarington Board of Trade — Physician Recruitment 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 and Zoning By-law 2005-109 501 Proponent: Municipality of Clarington Report: PSD-039-07 (b) Applications to Amend Clarington Zoning By-law and For Draft Plan of 503 Subdivision Applicant: Patricia Stephenson Report: PSD-040-07 CORPORATION OF THE MUNICIPALITY OF CLARINOTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6. T 905-623-3379 G.P. & A. Agenda - 2 - April 10 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-039-07 Zoning Amendment to Permit the Development of a Hamlet 601 Residential Lot Proponent: The Municipality of Clarington (b) PSD-040-07 Stephenson Proposed Plan of Subdivision 612 Applicant: Patricia Stephenson (c) Addendum to PSD-118-06 Licence Agreement for Canadian National 617 Railway Company Lands at Mile 288.9 for the Waterfront Trail (d) PSD-041-07 Confidential Report regarding a Legal Matter 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-032-07 Execution of Agreement with the Region of Durham Health 701 Department to Delegate Responsibility for Administration and Enforcement in Respect to Sewage Systems (b) EGD-033-07 Hydro One Networks Inc. — Request for Easements 714 (c) EGD-034-07 Mill Street Subway Reconstruction, Newcastle — Public 725 Information Centre 8. OPERATIONS DEPARTMENT No reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-005-07 Emergency and Fire Services — 2006 Annual Report 901 (b) ESD-006-07 Purchase of a Pre-built Pumper 923 10. COMMUNITY SERVICES DEPARTMENT No reports 11. CLERKS DEPARTMENT No reports G.P. & A. Agenda - 3 - April 10, 2007 12. CORPORATE SERVICES DEPARTMENT (a) COD-011-07 CL2007-1, Electrical Services, Street and Park Lighting 1201 (b) COD-012-07 Joint Health and Safety Committee —Terms of Reference 1204 for the Structure and Function of a Multi-Workplace Joint Health and Safety Committee (c) COD-013-07 Tender CL2006-53, Green Road and Baseline Road 1222 Reconstruction, Bowmanville (d) COD-014-07 Joint Health and Safety Committee —2006 Summary 1232 (e) COD-016-07 CL2006-63, Supply of Garbage and Recycling Containers 1242 and Collection Disposal from Various Municipal Locations 13. FINANCE DEPARTMENT No reports 14. CHIEF ADMINISTRATIVE OFFICE (a) CAO-003-07 Confidential Report regarding a Personal Matter 15. UNFINISHED BUSINESS No Reports 16. OTHER BUSINESS (a) Confidential Report from Solicitor regarding a Legal Matter (To be distributed under separate cover.) 17. ADJOURNMENT Lsadine de Way General Purpose and Administration Committee Minutes March 26, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 26, 2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo 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 Clerk II, B. Boffey Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-246-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the special meeting of the General Purpose and Administration Committee held on March 2, 2007 and regular meeting of the General Purpose and Administration held on March 5, 2007 be approved. CARRIED 301 General Purpose and Administration Committee Minutes March 26, 2007 PRESENTATION Doug Annand, Principal, urbanMetrics Inc., appeared before Committee to provide an update on Retail Market and Impact Analysis on the Clarington Commercial Policy Review.' Doug Annand stated urbanMetrics Inc. and Meridian Planning were obtained to evaluate the various commercial proposals and potential impacts on existing commercial structures (i.e., historical downtown Bowmanville) in the west main central area of Clarington as well as perform a retail market research and analysis for input into the Commercial Policy Review (CPR). Mr. Annand stated the undertaking concentrated on the retail service market needs of Clarington residents and protection of the existing commercial structure, in particular, downtown historic areas. Future community needs with respect to services and facilities and consideration of the impact on historical downtown areas played an important role in the CPR analysis. Mr. Annand reviewed maps of the existing retail nodes, the major retail nodes, downtown Bowmanville, Bowmanville east business district, Bowmanville west main central area as well as a summary of retail and service space by commercial node and store type. The results concluded that Clarington is a rapidly growing community that could support increased department store, supermarket and non-department store space. Significant finding was the large volume of outflow to other communities with 83% for department stores. Mr. Annand stated the recommendations in the report continued to suggest the phasing in of West Diamond and Halloway Holdings developments. Mr. Annand stated it was important to note that AYT Corporation was not recommended as part of this process due to it's location being away from the majority of population base, land conversion pressures, inability to provide cross shopping, poor access, and the potential inability to interrupt outflow of expenditures due to location. Resolution #GPA-247-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the agenda be altered to include Ron Stead and Tenzin Gyaltsan to the list of delegations and that Report PSD-083-06 be considered at the end of the Planning Services section of the agenda. CARRIED DELEGATIONS Ira Kagan, Solicitor, representing AYT Corporation, appeared before Committee concerning Addendum to Report PSD-083-06. Mr. Kagan stated his client, AYT Corporation, is looking to work with the Municipality of Clarington and is seeking a win- win solution. Mr. Kagan stated Report PSD-083-06 leaves his client two options. Option one being to walk away from their proposal and option two being to file a full appeal with the Ontario Municipal Board (OMB). Mr. Kagan stated his client would ask that Council not make any decisions in haste, not close the door to a gateway development, but to simply receive Report PSD-083-06 for information. - 2 . 302 General Purpose and Administration Committee Minutes March 26, 2007 Tenzin Gyaltsan, Newcastle BIA, appeared before Committee concerning Addendum to Report PSD-083-06. Mr. Gyaltsan asked Council to support the recommendations contained in the Report, ensure that more control and proper development of this area be paramount, and continue to support the area as a Science and Technology Park. Ron Stead, Holburn Biomedical, appeared before Committee concerning Addendum to Report PSD-083-06. Mr. Stead stated that Holburn Biomedical had made a substantial financial commitment to this development and their intent is to see it through. Mr. Stead stated that Holburn Biomedical would not invest any more funds into this project until Council makes a commitment to not building big box stores in this area. Resolution #GPA-248-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the agenda be altered to include Bob Craig to the list of delegations and that Bryce Jordan be deleted from the list of delegations. CARRIED Bob Craig, 464367 Ontario Ltd., appeared before the Committee concerning Report PSD-029-07 — Proposed Amendment to Draft Approved Plan of Subdivision to answer any questions that may be raised. Councillor Novak chaired this portion of this meeting. PUBLIC MEETING (a) Subject: Application to Amend the Clarington Zoning By-law and Draft Plan of Subdivision Applicant: Prestonvale Land Corporation Report: PSD-033-07 Susan Ashton, Senior Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-033-07. No one spoke in opposition to or support of Report PSD-033-07. Glenn Genge, D.G. Biddle & Associates appeared before the Committee on behalf of the applicant. Mr. Genge stated the application is being amended to accommodate staff recommendations to increase the number of dwelling units from 48 to 61. Mr. Genge stated the infrastructure is in place for this development and he is available to answer any questions. . 3 . 303 General Purpose and Administration Committee Minutes March 26, 2007 (b) Subject: Application to Amend the Clarington Zoning By-law Applicant: 1707526 Ontario Limited Report: PSD-034-07 Sarah Armstrong, Junior Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-034-07. No one spoke in opposition to or support of Report PSD-034-07. No one spoke on behalf of the applicant. PLANNING SERVICES DEPARTMENT APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: PRESTONVALE LAND CORPORATION Resolution #GPA-249-07 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-033-07 be received; THAT the applications for a proposed Plan of Subdivision and Zoning By-law Amendment submitted by Prestonvale Land Corporation be referred back to Staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-033-07 and any delegation be advised of Council's decision. CARRIED REZONING TO PERMIT A TEMPORARY SALES OFFICE APPLICANT: 1707526 ONTARIO LIMITED Resolution #GPA-250-07 Moved by Councillor Trim, seconded by Mayor Hooper THAT Report PSD-034-07 be received; THAT the application submitted by 1707526 Ontario Limited be approved and that the Zoning By-law Amendment attached to Report PSD-034-07 be passed by Council; - 4 - 304 General Purpose and Administration Committee Minutes March 26, 2007 THAT a copy of Report PSD-034-07, and the amending By-law attached to Report PSD-034-07 be forwarded to the Durham Regional Planning Department and the Municipal Property Assessment Corporation; and THAT the Region of Durham, the applicant, all interested parties listed in Report PSD-034-07 and any delegations be advised of Council's decision and forwarded a Notice of Adoption. CARRIED PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION APPLICANT: 464367 ONTARIO LTD. Resolution #GPA-251-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-029-07 be received; THAT the application for the proposed Amendment to Draft Approved Plan of Subdivision 18T-86012, submitted by 464367 Ontario Ltd. be approved as per Attachment 1 to Report PSD-029-07, subject to the conditions of Draft Approval, as contained in Attachment 2 to Report PSD-029-07; THAT the Mayor and Clerk be authorized by By-law to enter into an agreement with the owners and the By-law be forwarded to Council for approval at such time the owners are prepared to proceed with this development; THAT a By-law to remove the "Holding (H)" Symbol be forwarded to Council at such time as the owners have entered into a subdivision agreement with the Municipality; THAT a copy of Report PSD-029-07 and Council's decision be forwarded to the Region of Durham Planning Department and Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-029-07 and any delegations be advised of Council's decision. CARRIED - 5 305 General Purpose and Administration Committee Minutes March 26, 2007 APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN INCREASE IN DENSITY FOR A SIX STOREY APARTMENT BUILDING APPLICANT: DUNBURY DEVELOPMENT (GREEN) LTD. Resolution #GPA-252-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-035-07 be received; THAT the Clarington Official Plan be amended as shown in Attachment 3 to Report PSD-035-07 to permit an increase in density and increase in housing targets as proposed by the application submitted by Dunbury Development (Green) Ltd. and that the necessary By-law be passed; THAT the application to amend the Zoning By-law 84-63 submitted by Dunbury Development (Green) Ltd. be approved and that the By-law contained in Attachment 4 to Report PSD-035-07 be passed; THAT a copy of Report PSD-035-07 and the attached Official Plan Amendment 55 and the amending Zoning By-law be forwarded to the Durham Region Planning Department and the Municipal Property Assessment Corporation (MPAC); and, THAT the Region of Durham, the applicant and all interested parties listed in Report PSD-035-07 and any delegation be advised of Council's decision and forwarded the Notice of Adoption. CARRIED EA NOTICE OF STUDY COMPLETION, ADDITIONAL WATER POLLUTION CONTROL PLANT CAPACITY FOR THE BOWMANVILLE URBAN AREA Resolution #GPA-253-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-036-07 be received; THAT Council acknowledge that the preferred solution is the expansion of the Port Darlington Water Pollution Control plant for additional capacity to service the Bowmanville Urban Area; - 6 - 306 i General Purpose and Administration Committee Minutes March 26, 2007 THAT the Regional Works Department be requested to provide at an early stage of design development a site plan of high quality architectural and landscape design, such that the integration of the Plant expansion with the Port Darlington Neighbourhood and Waterfront Park can be reviewed and commented on by the Directors of Planning Services and Engineering Services; THAT the Regional Works Department provide ongoing assurance and due diligence in maintaining the discharges from the Port Darlington Water Pollution Control Plant such that they do not impact the use and enjoyment of the Port Darlington waterfront and park; and, THAT a copy of Report PSD-036-07 be forwarded to the Regional Works Department and the Ministry of Environment. CARRIED THE WINDS OF CHANGE ARE CHANGING OUR LANDSCAPE: RESOLUTION OF THE MUNICIPALITY OF ARRAN-ELDERSLIE Resolution #GPA-254-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT PSD-037-07 be received for information. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 1, 2007 Resolution #GPA-255-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-038-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on March 1, 2007, for applications A2006-0056, A2007-0001 - A2007-0004 inclusive and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED - 7 - 307 General Purpose and Administration Committee Minutes March 26, 2007 APPLICATIONS BY AYT CORPORATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN, THE CLARINGTON OFFICIAL PLAN, AND THE MUNICIPALITY OF CLARINGTON ZONING BY-LAW 84-63 TO PERMIT A LARGE-FORMAT RETAIL CENTRE ON THE NORTH-WEST QUADRANT OF HIGHWAY 401 AND BENNETT ROAD, 'BOWMANVILLE Resolution#GPA-256-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-083-06 be lifted from the table; THAT Report PSD-083-06 and Addendum Report to PSD-083-06 be received; THAT Council Resolution#C-110-06 be rescinded; THAT the applications submitted on behalf of AYT Corporation to amend the Clarington Official Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 583,600 sq. ft. of total gross floor area at the northwest corner of Highway 401 and Bennett Road be refused; THAT the Region of Durham be advised that the Municipality of Clarington recommends that the application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006) be refused; and THAT a notice of Council's decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. CARRIED Resolution #GPA-257-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT staff investigate the status of the landfill site owned by Newcastle Recycling and report back to Committee on April 10, 2007. CARRIED Resolution #GPA-258-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Committee recess for 5 minutes. CARRIED The meeting reconvened at 11:26 a.m. - 8 - 308 General Purpose and Administration Committee Minutes March 26, 2007 Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2007 Resolution #GPA-259-07 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report EGD-031-07 be received for information. CARRIED Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT RATES AND FEES — SPORTS FIELD Resolution #GPA-260-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report OPD-003-07 be received; and THAT the proposed rates and fees as outlined in Report OPD-003-07 be approved. CARRIED CLARINGTON PITCH-IN CANADA EVENTS Resolution #GPA-261-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report OPD-004-07 be received for information. CARRIED -9 - 309 General Purpose and Administration Committee Minutes March 26, 2007 Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT PURCHj4SE OF CONTAINERIZED TRAINING FACILITY Resolution #GPA-262-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ESD-003-07 is received; THAT the requirement for tendering in accordance with Purchasing By-Law 2006-127 be waived for this transaction; THAT Clarington Emergency and Fire Services enter into a joint venture with the City of Oshawa, Town of Whitby and Durham College for the purchase of a containerized training facility; and THAT $90,000 be drawn from the one time Provincial Grant for Municipal Fire Services monies which have been placed in the Fire Prevention Reserve Account. CARRIED MONTHLY RESPONSE REPORT— FEBRUARY 2007 Resolution #GPA-263-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report ESD-004-07 be received for information. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES - 2006 YEAR END REVIEW Resolution #GPA-264-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CSD-004-07 be received for information. CARRIED - 10 - 31 0 General Purpose and Administration Committee Minutes March 26, 2007 EMERGENCY EVACUATION CENTRE REQUESTS - MARNWOOD LIFECARE LONG TERM CARE AND RETIREMENT HOME AND KINGSWAY ARMS MANAGEMENT (CLARINGTON) INC. Resolution #GPA-265-07 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report CSD-005-07 be received; THAT Marnwood Lifecare Long Term Care and Retirement Home be authorized to utilize the Garnet B. Rickard Recreation Complex as an Emergency Evacuation Facility for "localized emergencies", subject to the conditions on which this approval was given, as outlined in the body of Report CSD-005-07; THAT Kingsway Arms Management (Clarington) Inc. be authorized to utilize the Garnet B. Rickard Recreation Complex as an Emergency Evacuation Facility for "localized emergencies", subject to the conditions on which this approval was given, as outlined in the body of Report CSD-005-07; and THAT Marnwood Lifecare Long Term Care and Retirement Home and Kingsway Arms Management (Clarington) Inc. be advised of action taken. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT PROPERTY STANDARDS BY-LAW Resolution #GPA-266-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-007-07 be received; and THAT the By-law attached to Report CLD-007-07 be forwarded to Council for approval. CARRIED - 11 - 311 General Purpose and Administration Committee Minutes March 26, 2007 2007 ANIMAL LICENCE SALES CAMPAIGN Resolution #GPA-267-07 Moved by Councillor Trim, seconded by Councillor Foster THAT Report CLD-008-07 be received for information. CARRIED DONATIONS TO CLARINGTON ANIMAL SHELTER Resolution #GPA-268-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CLD-009-07 be received for information. CARRIED NOISE BY-LAW Resolution #GPA-269-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-010-07 be received; THAT the By-law attached to Report CLD-010-07 be forwarded to Council for approval. CARRIED PRIVATE PARKING ENFORCEMENT Resolution #GPA-270-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CLD-011-07 be received; THAT the by-law attached to Report CLD-011-07 to appoint a parking enforcement officer for private property be forwarded to Council for approval; THAT By-law 2005-64 be repealed; and THAT Alfredo Martinez Pacini and P.R.O. Security be advised of Council's actions. CARRIED - 12 - 312 General Purpose and Administration Committee Minutes March 26, 2007 BILL 130 — MUNICIPAL STATUTE LAW AMENDMENT ACT, 2006 Resolution #GPA-271-07 Moved by Councillor Woo, seconded by Councillor Novak THAT Report CLD-012-07 be received for information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CO-OPERATIVE TENDER T-220-2006, SUPPLY, RETREADING, REPAIR & DISPOSAL OF TIRES AND TUBES Resolution #GPA-272-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-006-07 be received; THAT Tirecraft Commercial Inc., Oshawa with a bid price in the amount of$30,773.96 per year (excluding GST), meeting all terms, conditions and specifications of the Co-operative Tender T-220-2006 be awarded the contract to supply, retread, repair and dispose of tires and tubes for the requirements of the Municipality of Clarington for a one year term; THAT pending satisfactory service and pricing, the contract be renewed for the second through fifth year; and THAT the funds required be drawn from the Department of Operations various current operating accounts. CARRIED - 13 - 313 General Purpose and Administration Committee Minutes March 26, 2007 TENDER CL2007-2, ORONO OPERATIONS YARD AND KENDAL COMMUNITY CENTRE, FLAT ROOF REPLACEMENT Resolution #GPA-273-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-010-07 be received; THAT Barr's Roofing, Newcastle, Ontario, with a total bid amount of$94,999.00 (excluding G.S.T.) Option 2, being the lowest responsible bidder meeting all terms, conditions and specifications of the Request for Tender, be awarded the contract for the Orono Operations Yard and Kendal Community Centre, Flat Roof Replacement. THAT the total funds required in the amount of $100,999.00 ($94,999.00 tender plus consulting) be drawn from the following accounts: (i) $40,000.00 be drawn from the 2006 Operations Capital Budget Account #110-36-370-83602-7401, Orono Operations Centre Roof Replacement; (ii) $41,000.00 be drawn from the 2006 Operations Capital Budget Account #110-36-370-83655-7401, Kendal Community Centre Roof Replacement; and (iii)$19,999.00 be drawn from the 2007 Operations Capital Budget Account #110-36-370-83655-7401, Kendal Community Centre Replacement. THAT the By-law attached to Report COD-010-07 marked Schedule "B" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED AS AMENDED (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-274-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing resolution be amended to add the word "FORTHWITH". CARRIED The foregoing resolution #GPA-273-07 was then put to a vote and CARRIED AS AMENDED. - 14 - 314 General Purpose and Administration Committee Minutes March 26, 2007 FINANCE DEPARTMENT MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2006 Resolution #GPA-275-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report FND-006-07 be received for information. CARRIED DISCONTINUATION OF FIRE CALL BILLING Resolution #GPA-276-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report FND-007-07 be received; THAT the by-law attached to Report FND-007-07 be executed by the Mayor and Clerk to amend By-law 96-32 to eliminate the user fee for "Response to motor vehicle accidents for non-residents" and replace it with "Response to motor vehicle accidents for non-residents on Provincial Highways within the Municipality of Clarington"; and THAT all outstanding invoices issued for non-residents for accidents that occurred on non-Provincial Highways that remain uncollectible be written off. CARRIED COMPLAINT BY R. SIVAKUMAR OF EASTMAN STEVE'S HOLDINGS LTD. UNDER SECTION 20 OF THE DEVELOPMENT CHARGES ACT Resolution #GPA-277-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report FND-008-07 be received; THAT the objection to development charges levied on 216 King St. East Newcastle by Eastman Steve's Holdings Ltd. be received and the decision of the Chief Building Official be upheld; and THAT Eastman Steve's Holdings Ltd. be notified of Council's decision. CARRIED - 15 - 31 5 General Purpose and Administration Committee Minutes March 26, 2007 CHIEF ADMINISTRATIVE OFFICE REQUEST TO REZONE SURPLUS PROPERTY 3289 TRULLS ROAD, COURTICE :i Resolution #GPA-278-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CAO-006-07 be received; THAT Council authorize the Chief Administrative Officer to make application for rezoning of the municipal surplus property located at 3289 Trulls Road, Courtice; THAT Council authorize the Chief Administrative Officer to have the necessary reports prepared, a Phase 1 Environmental Site Assessment, an Environmental Impact Study and engineering/survey plans; THAT the municipal planning application review fees be waived and that the Region of Durham and Central Lake Ontario Conservation be requested to waive their planning application review fees; and THAT the funds required to prepare the site for sale be drawn from the Municipal Acquisition Reserve Account 110-50-130-85002-7401. CARRIED UNFINISHED BUSINESS There was no Unfinished Business considered under this section of the Agenda. OTHER BUSINESS APPOINTMENTS TO BOARDS AND COMMITTEES Resolution #GPA-279-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Alexander M. Lyall and Barbara Joan Montague be appointed to the Traffic Management Committee. CARRIED - 16 - 316 General Purpose and Administration Committee Minutes March 26, 2007 Resolution #GPA-280-07 Moved by Councillor Woo, seconded by Councillor Hooper THAT Karin Murphy be appointed to the Samuel Wilmot Nature Area Management Committee. CARRIED Resolution #GPA-281-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT, due to the annual Federation of Canadian Municipalities Conference, the approved schedule of meetings be amended by rescheduling the June 4, 2007 General Purpose and Administration Committee meeting to 9:30 a.m., Friday, June 8, 2007. CARRIED Resolution #GPA-282-07 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS the Municipality of Clarington has been advised by the Durham Regional Police Service that the policies surrounding the services of paid-duty officers has been amended to require a minimum of one-week advance notice and payment in advance for such services; AND WHEREAS this requirement creates a situation where such notice may be impossible in certain circumstances, ie, emergency property standards orders and similar situations, and may place safety of the residents and staff of the municipality in jeopardy; AND WHEREAS this requirement may cause undue hardship for certain non-profit organizations; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON urge the Durham Regional Police Services Board to rescind this policy immediately and return to their previous practices; and THAT this resolution be forwarded to the Regional Municipality of Durham, Police Chief Vernon White and to all local municipalities for endorsement. CARRIED AS AMENDED (SEE FOLLOWING AMENDING MOTION) - 17 - 317 General Purpose and Administration Committee Minutes March 26, 2007 Resolution #GPA-283-07 Moved by Councillor Novak, seconded by Councillor Trim THAT tke foregoing resolution be amended to add the word "FORTHWITH". CARRIED The foregoing resolution #GPA-282-07 was then put to a vote and CARRIED AS AMENDED. Resolution #GPA-284-07 Moved by Councillor Robinson, seconded by Councillor Hooper WHEREAS the residents of the urban areas of the Municipality of Clarington are well served by both Rogers and Bell Sympatico for high-speed intemet access; AND WHEREAS the residents of the more rural areas area limited to dial-up intemet service through both Rogers and Bell Sympatico; AND WHEREAS these rural residents are limited to two options for high-speed internet access, namely satellite linkup which requires significant up-front investment or Look Wireless link which requires the resident to have specific "line of sight' to one of their towers located throughout the municipality; and NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON encourage both Bell and Rogers to expand their services into the rural areas of the Municipality of Clarington. CARRIED ADJOURNMENT Resolution #GPA-285-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT the meeting adjourn at 12:34 p.m. CARRIED MAYOR DEPUTY CLERK _ 18 _ 318 CORPORATION of THE (REVISED TIME CHANGE) MUNICIPALITY OF CLARINGTON PUBLIC MEETING Leading the Way NOTICE OF PUBLIC MEETING REPORT # PSD-039-07 i"iGiPA14F* OF REZONING PROPOSAL BY: The Municipality of Clarington CLARINGTON AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 and ZONING BY-LAW 2005-109 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 proposed by the Municipality of Clarington would define the area in which a single detached dwelling unit can be built and zone the balance of the property as Environmental Protection. The subject property is located at 97 Potters Lane in Enniskillen as shown on the reverse. Planning File No.: ZBA 2007-0006 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: Tuesday, April 10`", 2007 TIME: 7:00 p.m. PLACE: Council Chambers,2n° Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, April 16'", 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, April 111", 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2"" Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Isabel Little at (905) 623-3379 extension 217 or by e-mail at ilittle @cladngton.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at 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 at the Municipality of Clarington this 15'" day of March 2007 David Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 501 • 7 rn Ln 'r z n!) Property Location Map(Ennlalillen) ® Zoning Change From "RS1 With Environmental Holding Symbol'To"RS1" 0 Zoning Change From "RS1 With Environmental Holding Symbol' To "EP" ►�i`i�i ZBA 2007-0006 ZONING BY-LAW AMENDMENT 0 ^� Owner: Municipality of Clarington I 1 p pill • 7 rn Ln 'r z n!) Property Location Map(Ennlalillen) ® Zoning Change From "RS1 With Environmental Holding Symbol'To"RS1" 0 Zoning Change From "RS1 With Environmental Holding Symbol' To "EP" ►�i`i�i ZBA 2007-0006 ZONING BY-LAW AMENDMENT 0 ^� Owner: Municipality of Clarington y CORPORATION OF THE (REVISED TIME CHANGE) CI(� r']�(jt/1ja MUNICIPALITY OF CLARINGTON PUBLIC MEETING 1(�( r� j�w NOTICE OF PUBLIC MEETING REPORT # PSD-040-07 Leading the Way DtITRSCLh ST8R8FIiS0aT_ DEVELOPMENT APPLICATION BY: PATRICIA STEPHENSON APPLICATIONS TO AMEND THE CLARINGTON ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment and a proposed Draft Plan of Subdivision under Sections 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment and proposed Plan of Subdivision submitted by Patricia Stephenson would permit the development of thirty(30)detached dwellings fronting on Rudell Road. The subject property is located on Part Lot 31, Concession 2, former Township of Clarke, on the west side of Rudell Road, as shown on reverse. Planning File Nos.: ZBA 2007-0002 &S-C-2007-0001 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: TUESDAY,APRIL 10,2007 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS, 2ND FLOOR, MUNICIPAL ADMINISTRATIVE CENTRE, 40 TEMPERANCE ST., BOWMANVILLE, ONTARIO ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday April 16, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, April 11,2007 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 Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rtl Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Bob Russell at(905)623-3379 extension 341 or by e-mail at brussell @clarington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment and/or Draft Plan of Subdivision 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 and Draft Plan of Subdivision are approved, the Ontario Municipal Board.may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 16'n day of March 2007. David Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 5� �l n' 00� WHITEHAND DRIVE W_ w z O D W Q W O w � C7 O Q: GRADY DRIVE W J W O 7 W O w El FLOOD AVENUE N GIVEN ROAD E S Property Location Map (Newcastle) W f S ZBA 2007-0002 Zoning By-law Amendment SC 2007-0001 Draft Plan of Subdivision Owner: Patricia Stephenson CIS REPORT 8 3 PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 10, 2007 Report #: PSD-039-07 File #: ZBA 2007-0006 and RE 4.9 By-law #: Subject: ZONING AMENDMENT TO PERMIT THE DEVELOPMENT OF A HAMLET RESIDENTIAL LOT PROPONENT: THE MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration. Committee recommend to Council the following: 1. THAT Report PSD-039-07 be received; 2. THAT the proposal to amend Zoning By-law 84-63 and Zoning By-law 2005-109 submitted by the Municipality of Clarington be referred back to staff; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. UnSubmitted by: Reviewed.by: Fran klin Wu Director, Planning Services Chief Administrative Officer IUCP/DJC/df April 3, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-039-07 PAGE 2 1.0 PROPOSAL DETAILS 1.1 Owner: The Municipality of Clarington 1.2 Proposal: i) removal of Environmental Holding Symbol from the Rural Settlement One (RS-1) under By-law 2005-109 (Oak Ridges Moraine Zoning By-law) ii) rezoning under By-law 2005-109 from Rural Settlement One (RS-1) with an Environmental Holding Symbol to Environmental Protection (EP) iii) rezoning under By-law 84-63 from Residential Hamlet (RH) to Environmental Protection (EP) to protect existing features on the subject property 1.3 Area: 6000 m2 (1.48 acres) 1.4 Location: 97 Potters Lane, Enniskillen Lot 18, Concession 7, former Township of Darlington 2.0 BACKGROUND 2.1 This property is located at the southeast corner of Regional Road 3 and Potters Lane in Enniskillen (Attachment 1). It has 205 feet of frontage on Potters Lane and a total lot area of 1.48 acres. There is a one foot reserve along Regional Road 3 limiting access to the lot from Potters Lane. The lot was acquired in 1987 as a condition of approval of the plan of subdivision. The intent of the acquisition was to develop the property as a parkette for the residents of Enniskillen. In 2003 the Engineering Services Department determined that the topography of the site and its limited size made it undesirable as parkland. Subsequently, Council declared the property as surplus in 2003. 2.2 The subject property is subject to two zoning by-laws: i) By-law 84-63 covers the entire property and zones the property Residential Hamlet (RH). The RH zone allows a single detached dwelling. ii) By-law 2005-109 covers the majority of the lot with the exception of the southeast corner. Those lands are zoned Rural Settlement One (RS-1) with an Environmental Holding Symbol (Attachment 2). Both Zoning By-laws are in force at the present time since the Ministry of Municipal Affairs has not yet approved the Oak Ridges Moraine Zoning By-law 2005-109. When the Ministry gives approval to By-law 2005-109 the zoning provision of Zoning By-law 84-63 would be repealed. However, until that time both zoning by-laws apply to this property. 602 i REPORT NO.: PSD-039-07 PAGE 3 2.3 The majority of the property falls within the boundaries of the Oak Ridges Moraine. This portion of the lot is covered by Zoning By-law 2005-109 and is zoned Rural Settlement One (RS-1) with an Environmental Holding Symbol. The RS-1 zone permits a single detached dwelling unit and limited accessory uses. The Environmental Holding Symbol (H) identifies this lot to be within a 90 metre area of influence from a natural heritage feature and/or hydrologically sensitive feature and its associated minimum vegetative protection area. A scoped Environmental Impact Study, or Natural Heritage Assessment, would be required to lift the (H) symbol. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is a vacant parcel of land at the southeast corner of Regional Road 3 and Potters Lane. It has been left in its natural state, as shown in the photographs below. The Natural Heritage Assessment describes the vegetation cover that currently exists. This is discussed in Section 7 of this report. BMW View of lot from Regional Road 3 looking south west 603 Ii REPORT NO.: PSD-039-07 PAGE 4 View from Regional Road 3 looking south 3.2 The surrounding uses are as follows: North - Agricultural field South - Hamlet Residential Development East - Rural Residential lot with dwelling unit and Bowmanville Creek tributary West - Hamlet Residential Development 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement Hamlets are defined as Settlement Areas under the Provincial Policy Statement. Settlement areas are to be the focus of growth, and land use patterns are to efficiently use land and resources. The diversity and connectivity of natural features in an area and the long-term ecological function and biodiversity of natural heritage systems should be maintained. The application conforms with the PPS as it proposes to efficiently use the land by permitting the development of one single detached unit while protecting the natural heritage features. 4.2 Oak Ridges Moraine Conservation Plan The majority of the property is located within a Rural Settlement designation under the Oak Ridges Moraine Conservation Plan (ORMCP). Section 17.3 of the Plan states that nothing in the Plan applies to prevent a use or the erection or location of a building or structure within a Rural Settlement if the use, erection and location would have been permitted by the applicable zoning by-law on November 15th, 2001. 604 REPORT NO.: PSD-039-07 PAGE 5 The Conservation Plan requires proponents to ensure the ecological integrity of the Plan will not be adversely affected by development. The Bowmanville Creek directly to the east of the property is identified as a key natural heritage feature to be protected. The ORMCP provides the criteria for a natural heritage evaluation and states that such evaluption shall demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature or on the related ecological functions. A natural heritage assessment has been completed for the property. The details of the assessment are described in section 7 of this report. The proposed rezoning is based on the results of the natural heritage assessment and the application conforms with the Oak Ridges Moraine Conservation Plan. 4.3 The Greenbelt Plan The Greenbelt Plan came into effect on December 16th, 2004. Section 2.1 of the Greenbelt Plan states that lands that are within the Oak Ridges Moraine Conservation Plan are to conform to the policies of that Plan. As the application conforms to the Oak Ridges Moraine Conservation Plan it also conforms to the Greenbelt Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the property as Hamlet. Hamlets are to be the focus for residential settlement within a rural area. The limits of a hamlet and its detailed land uses are to be incorporated within municipal official plans. The application conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the property as Hamlet Residential. The predominant use of lands shall be single detached residential dwellings. The adjacent tributary is identified as a key natural heritage feature. The application conforms to the Clarington Official Plan subject to the results of a natural heritage assessment as required by the ORMCP. 6.0 ZONING BY-LAW 6.1 The entire property is zoned Residential Hamlet (RH) under By-law 84-63. The RH zone permits a single detached dwelling unit and limited accessory uses. 6.2 Zoning By-law 2005-109 indicates that the majority of the property is zoned Rural Settlement One (RS-1) with an Environmental Holding Symbol. The RS-1 zone permits a single detached dwelling unit and limited accessory uses. The Environmental Holding Symbol would need to be removed by amendment prior to the development of the lot for residential use. The area outside of the Moraine is zoned Residential Hamlet (RH) under By-law 84-63. 605 REPORT NO.: PSD-039-07 PAGE 6 7.0 NATURAL HERITAGE STUDY 7.1 Central Lake Ontario Conservation has completed a Natural Heritage Assessment of the property. The Assessment identifies three distinct vegetation communities, a cultural meadow, a shallow marsh and a thicket swamp (Attachment 3). The property is approximately 6000 m2 (1.48 ac). The cultural meadow covers approximately 2650 mZ of the western portion of the property. A thicket swamp is located on the eastern portion of the lot and is slightly smaller at 2600 mz. A 750 m2 shallow marsh separates the meadow and the swamp. 7.2 A small tributary of the Bowmanville Creek runs parallel to the east property line. The property is at its lowest level toward the eastern extent. This area is the wettest and contains the thicket swamp. The Natural Heritage Assessment states that the wetland features appear to be supported by surface drainage as there is a large culvert under Regional Road 3 that empties into the property as well as roadway gutters/culverts from Potters Lane and Regional Road 3. The shallow marsh is small and supports predominately cattails, and the cultural meadow is vegetated with a mix of native and non- native species. 7.3 The Natural Heritage Assessment concludes that the majority of the thicket swamp is a sensitive and diverse feature that should be retained as it has an indirect relationship with Bowmanville Creek and is a natural area providing wildlife habitat. Every effort should be made to maintain surface drainage to the thicket swamp regardless of future use of the lot. The shallow marsh area adjacent to the swamp is small, disturbed and of little natural heritage value. 7.4 This property is situated entirely within an area that is regulated by the Central Lake Ontario Conservation Authority's Ontario Regulation 42/06 - Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. The Authority has stated that they will require all future development activity on the lot be directed away from the thicket swamp. 7.5 In order to satisfy CLOC's concern for the protection of the eastern half of the lot, staff are proposing that the area be rezoned from Rural Settlement One (RS-1) with an Environmental Holding symbol under By-law 2005-109, and Residential Hamlet (RH) under By-law 84-63, to Environmental Protection as shown on Attachment 2. An application for zoning amendment has been filed to request the change. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Notice was given to the public by mail to each landowner within 120 metres of the subject property. Two public notice signs were installed on the property on both road frontages in advance of the scheduled public meeting on April 10", 2007. 606 REPORT NO.: PSD-039-07 PAGE 7 8.2 Five (5) inquires have been received from property owners in the area. Two inquiries were for clarification of the purpose of the application. The second inquiry was in regards to the proceeds from the sale of the lot, specifically if the money would be used for projects particular to Enniskillen. It was explained that the funds will be deposited into the Municipal Acquisition Reserve Account to be utilized for land acquisitions throughout Clarington as approved by Council. The third person requested a history of how the Municipality acquired the lands and an explanation of why it was declared surplus and stated that it was staging area for birds. As only half of the property is to be developed there will still be a natural area protected for local wildlife. 8.3 The fourth person expressed a concern that the sale of this block, which had originally be acquired for park purposes, would mean that there would be no parkland provided for the residents of Enniskillen, and that the sale would imply that that subdivision on the north side of Regional Road 3 was guaranteed approval as it contains a proposed park block. Prior to the property being declared surplus in 2003, the Engineering Services Department reviewed the property and determined that the site's location at the corner of a Regional Road and its topography did not make it suitable for a park block. As there was no other public use identified for the site it was declared surplus by Council. This decision was not based on proposed applications in the area. 9.0 AGENCY COMMENTS 9.1 The application has been circulated to the applicable agencies for comment. The Conservation Authority has reviewed the proposed by-law amendment and are satisfied that zoning the eastern portion of the lot to Environmental Protection will protect the natural heritage features. 9.2 The Durham Region Health Department has reviewed the developable area and have confirmed that there is enough land available to accommodate private services and a reserve septic tile bed area. 9.3 The Clarington Emergency and Fire Services Department have confirmed that there are no fire safety concerns. 9.4 The Region of Durham Works Department, the Clarington Engineering Services Department, Bell Canada and Hydro One had no objections to the application as filed. One agency comment is still outstanding. 10.0 STAFF COMMENTS 10.1 The Oak Ridges Moraine Conservation Plan introduced a higher standard of environmental protection for natural heritage features within the Moraine. As a result, the small thicket swamp adjacent to the Bowmanville Creek tributary is to be fully protected and enhanced for natural heritage and hydrological purposes through the development process. 607 REPORT NO.: PSD-039-07 PAGE 8 10.2 Rezoning the eastern portion of the property to Environmental Protection (EP) will prohibit development on this portion of the lot in order to preserve the natural heritage features that have been identified by the Conservation Authority. 10.3 There will be sufficient land outside of the EP area to support a dwelling unit, accessory structures, and private services. Successful completion of the rezoning will permit the property to be sold by public tender as a hamlet building lot for residential use. 11.0 CONCLUSION 11.1 It is respectfully recommended that the proposed zoning amendment application be referred back to staff for further consideration of outstanding comments and resolution of any issues. Attachments: Attachment 1 - Aerial photo Attachment 2 - Proposed Zoning Attachment 3 - Natural Heritage Features List of interested parties to be advised of Council's decision: CLOC Region of Durham Planning Department Paul Shcherbak Steve Carruthers Mary Burke Tami Robitaille 608 a a 1 rE; � k++ y»' ' Al + :aim It IN Ai, ilk d s t x t # gg7A m r 0 0 0 � D 00 03 w3 oCD o V � ZBA 2007-0006 rn 0 • 3 rn r` G Fm Property Location Map(Ennisillien) ® Zoning Change From "RS1 With Environmental Holding Symbol'To'RS1" Zoning Change From "RS1 With Environmental Holding Symbol"And "RH" To"EP" ® Zoning Change From "RH" To"EP" ZBA 2007-0006 ZONING BY-LAW AMENDMENT Owner: Municipality of Clarington 0 m °o ; D V CD b � ba 4 N .04 0055 e 1 PAO rn 0 • 3 rn r` G Fm Property Location Map(Ennisillien) ® Zoning Change From "RS1 With Environmental Holding Symbol'To'RS1" Zoning Change From "RS1 With Environmental Holding Symbol"And "RH" To"EP" ® Zoning Change From "RH" To"EP" ZBA 2007-0006 ZONING BY-LAW AMENDMENT Owner: Municipality of Clarington 0 m °o ; D V CD b � ba 4 N Potters Lane Natural Heritage Assessment Shallow marsh.shp Thicket swamp.shp ® Potters lane.shp Dr—road_network.shp Dr_parcel.shp \I� T�\ rn 0.03 0 0.03 0.06 Miles 0 0 v� 00 COm b ' v W Potters Lane Natural Heritage Assessment Shallow marsh.shp Thicket swamp.shp ® Potters lane.shp Dr_road_network.shp Dr_parcel.shp N 12k IV E S rn Area to be I f Bom anville Creek preserved 3 thicket s" m cu Rural meadow tr. M arsh yam.�Zr.:t I Rl • 4. - r� rR�4 :. : 7 0.03 0 0.03 0.06 Miles 0 0 � D 00 z W3 m (p 4 V W C�arington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 10, 2007 Report #: PSD-040-07 File #: S-C-2007-0001 By-law# and ZBA 2007-0002 Subject: STEPHENSON PROPOSED PLAN OF SUBDIVISION APPLICANT: PATRICIA STEPHENSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-07 be received; 2. THAT the application submitted by Patricia Stephenson for draft approval of a proposed Plan of Subdivision and proposed Zoning By-law Amendment, be referred back to Staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by:�' David . Crome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer April 2, 2007 BR/CP/DJC/sh/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 612 REPORT NO.: PSD-040-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Patricia J. Stephenson 1.2 Subdivision Application: To permit 30 detached lots with a minimum 15 metre frontage 1.3 Rezoning Application: To permit the proposed plan of subdivision 1.4 Area: 1.93 hectares (4.77 acres) 1.5 Location: The lands front on the west side of Rudell Road between Given Road and Highway 35/115 in Newcastle Village. 2.0 BACKGROUND 2.1 On December 21, 2006, Patricia J. Stephenson submitted applications for draft approval of a proposed plan of subdivision and zoning by-law amendment. The application proposes a total of 30 lots for single detached dwellings, all having a minimum 15 metre frontage. The 1.93 ha land area subject to the applications are part of a larger 21.8 ha parcel owned by the applicant. 2.2 The 1.93 ha are all of the applicant's lands within the Foster East Neighbourhood Design Plan, approved by Council. The applications conform to the Neighbourhood Design Plan. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The land is flat agricultural land. 3.2 The surrounding uses are as follows: North - Highway 35/115 South - a single detached dwelling and beyond, Given Road East - Rude[[ Road and beyond, Draft Approved Foster North Subdivision West - flat agricultural land 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The subdivision is a small portion of the Foster Neighbourhood which provides for the development of over 700 units with a range of lot sizes and densities. This subdivision is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan encourages the development of "Greenfield" areas as complete communities, that support walking, cycling and the early integration of transit, a diverse mix of land uses and high quality public open spaces. The designated Greenfield areas are to achieve an overall minimum density target of 50 residents and jobs per hectare. 613 REPORT NO.: PSD-040-07 PAGE 3 These lands are part of a larger neighbourhood that provides for a mix of residential uses as well as land for park and school use. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area in the Newcastle Village Urban Area which permits the development of communities with defined boundaries. The applications conform. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Urban Residential Area in the Newcastle Village Urban Area and specifically in the Foster Neighbourhood which has a design plan that incorporates the subject lands. The applications conform. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)". The A-1 zone does not permit urban residential uses, hence the rezoning application. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Rudell Road frontage of each of the two parcels the proposal is on, 26 days prior to the public meeting date. As of the writing of this report no enquiries have been received. 8.0 AGENCY COMMENTS 8.1 The plan of subdivision and rezoning applications were circulated to various agencies and other departments by the Planning Services Department. Durham Regional Transit, Clarington Emergency Services, Clarington Building Division and Rogers Cable all had no concerns. Other comments received are as follows. 8.2 Clarington Heritage Committee requests that the same respect to Newcastle's architectural heritage over the last 100 years, be considered in the approval of this subdivision as was considered in the Foster North subdivision to the west. 8.3 Comments remain outstanding from a number of agencies at this time. 9.0 STAFF COMMENTS 9.1 The proposed plan of subdivision is essentially the same as the portion of the Foster East Neighbourhood Design Plan for the lands fronting on the west side of Rudell Road. Neighbourhood Design Plans are detailed and comprehensive and have thematic plans 614 REPORT NO.: PSD-040-07 PAGE 4 for consideration of land use, phasing (two phases), water distribution, sanitary sewer collection, storm drainage, open space and public facilities, roads, sidewalks, trails and transit. The subdivision complies with the design concept. 9.2 Architectural design standards for the subdivision will be reviewed together with other conditions of Draft Approval and will be incorporated into a future recommendation report. 10.0 CONCLUSION 10.1 The purpose of this report is to give the status of the application for the public meeting, and identify comments and issues received to date, and it is appropriate to have the application referred back to staff for further processing. Attachment: Attachment 1 - Proposed Draft Plan of Subdivision and Key Map List of interested parties to be advised of Council's decision: Glenn Genge, D.G. Biddle & Associates Patricia Stephenson 615 Property Location Map(Newcastle) At �5 �P a E o s J WHITEHAND DRIVE o w w GIVEN Z Rog p O Co HIGHWAY 2 O w Of O O f GRADY DRIVE WJ W O 7 w�O z ZBA 2007-0002 �� Zoning By-law Amendment FLOOD AVENUE SC 2007-0001 0 N Draft Plan of Subdivision o GIVEN ROAD E p 0 S Owner: Patricia Stephenson 3 C:) CD o ^� J � Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Tuesday, April 10, 2007 Report #: ADDENDUM to PSD-118-06 File No.: PLN 15.12 By-law #: Subject: LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS AT MILE 288.9 FOR THE WATERFRONT TRAIL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT this addendum Report to PSD-118-06 be received; 2. THAT Council select either Option 'A' or Option 'B' as set out in 3.2 of this report; 3. THAT if Council selects Option 'A', Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the Licence Agreement contained in Attachment 2 and rescind By-Law 2006-219 approved December 18, 2006; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: avi Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Servic Chief Administrative Officer A. S. Cannella, C.E.T. ncy Tq or, Director of Engineering Services Director of Finance FL'DJC'sh'df 2 April 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 617 REPORT NO.: ADDENDUM TO PSD-118-06 PAGE 2 1.0 BACKGROUND 1.1 The existing Waterfront Trail is currently routed around the Wilmot Retirement Community between Bennett Road and Cobbledick Road. The entire route is located on-.road and requires trail users to travel 2.9 km along a busy portion of Hwy 2 including whe re it crosses Hwy 115. The proposed trail would provide a crucial off-road link and would eliminate the need to travel on Hwy 2 making it shorter, safer, and more convenient for users. Staff has been working towards re-routing the trail to the proposed location for several years. 1.2 As part of the subdivision agreement for the expansion of the Wilmot Creek Retirement Community the municipality has been able to secure both the land required for the trail and also a commitment from the developer to construct it. Rice Developments has agreed to construct a 1.6 km section of paved Waterfront Trail at their own expense from Bennett Road to the Service Road at the mid point of the community. This new section of trail would be located immediately north of the Wilmot Creek Retirement Community, entirely off-road, on municipal property and Hydro One land. An agreement with Hydro One was previously executed for the proposed trail that traverses their property. 1.3 At one location the proposed trail would be constructed under an existing bridge that leads into the Wilmot Retirement Community. A narrow access point below the bridge would require the trail to be shifted approximately 7 metres onto CN land. CN has agreed to allow the trail to encroach onto their property provided adequate fencing is installed and a licence agreement is executed prior to construction. All of the expenses related to the construction of the trail and fence on CN's land are the responsibility of Rice Developments. They hope to begin construction in April 2007. 1.4 Council approved Report PSD-118-06 (Attachment 1) on December 18, 2006. As set out in that report the Municipality was negotiating a license agreement with Canadian National Railway Company for access onto CN Lands under the bridge at the Wilmot Creek Retirement Community. The report authorized By-Law 2006-219, which would allow the Mayor and Municipal Clerk to execute the agreement once it had been finalized to the satisfaction of Staff and the Municipal Solicitor. 1.5 Staff and the Municipal Solicitor have been working with the legal department at CN and have achieved a license agreement that meets with both their goals and requirements and ours except for one clause. 2.0 COMMENTS 2.1 Clause 20.3 of the license agreement (Attachment 2) would require the Municipality to provide CN with evidence of our insurance coverage, which is not an issue. Rather it is the 90 day notification for cancellation of insurance that is the issue. Clause 20.3 currently states "such insurance shalt not be subject to cancellation except after at least ninety (90) days'prior written notice to the Railway. If the Licensee fails to comply with the requirements hereof to obtain insurance, the railway may, but need not, obtain such 618 REPORT NO.: ADDENDUM TO PSDA 18-06 PAGE 3 insurance and keep the same in effect and the Licensee shall pay to the Railway the premium cost thereof on demand." 2.2 The Municipality's present insurance provides the insurer with the right to terminate it on 60 (not 90) days notice. Therefore the Municipality cannot provide ninety days notice to the Railway. In addition, Staff negotiates with our insurers and other companies up until the final date for renewal to obtain the best coverage and price for the Municipality. Staff have provided CN with this information and also the assurance that the Municipality would not be without insurance; which is essentially what CN is attempting to avoid by including this clause. 2.3 CN will not modify the wording of Clause 20.3 as it is a standard clause in all of their agreements. There is a potential problem if the Mayor and Municipal Clerk execute the agreement knowing we can only meet a 60 day not 90 day notification requirement. 2.4 Any loss that CN might suffer if only 60 days notice of termination or cancellation of the Municipality's insurance policy probably would be negligible. The Municipality can mitigate any loss by engaging a new insurer or renewing with the existing insurer before the date of cancellation of the existing insurance policy. As stated previously, the Municipality will not be without an insurance policy. In addition, the new insurance policy would have to comply in all respects with the license agreement other than the 90 days notice of cancellation requirement if the new insurer or renewing insurer is unwilling to agree to giving 90 days notice of cancellation. The Director of Finance will be requesting that the insurer provide a 90 day cancellation notice in the next round of negotiations for renewal of the policy which is occurs on July 1, 2007. 3.0 CONCLUSION 3.1 The proposed waterfront trail route (Attachment 3) would eliminate a 5.4 km detour along Bennett Road, Highway 2, and Cobbledick Road. That route, specifically the 2.9 km section on Highway 2, is not good for pedestrians or cyclists. The unpaved shoulder of Highway 2, high traffic speed, and turning movements onto the Highway 35/115 ramps are all factors for re-routing the waterfront trail to the proposed location. The encroachment onto CN lands for the proposed trail is unavoidable. The land owned by Rice Developments below the bridge where the trail is to be located is approximately 3 meters wide with a 1:1.5 slope. In order to create a flat plateau to construct the trail it will need to encroach onto CN land. 3.2 The Director of Finance and Municipal Solicitor have indicated that there are two options that Council has available: A) Authorize a new by-law (Attachment 4) for the Mayor and Clerk to sign the agreement regardless of clause 20.3 knowing that we could be in violation at the first renewal of our insurance policy; and rescind By-Law 2006-219; or B) Abandon the proposed re-routing of the waterfront trail and the requirement for Rice Developments to construct it. 619 REPORT NO.: ADDENDUM TO PSD-118-06 PAGE 4 3.3 The Director of Finance will request during the negotiations with insurers at the next policy renewal date, the change of notification from 60 to 90 days. Attachments: Attachment 1 - PSD-118-06 Attachment 2 - Proposed License Agreement Attachment 3 - Map of existing and proposed Waterfront Trail route Attachment 4 - New By-law for Option A List of interested parties to be advised of Council's decision: Rice Developments Inc. 620 Attachment 1 To Addendum to Report PSD-118-06 Leading rbe Wad V REPORT PLANNING SERVICES . Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday,December 11, 2006 Report#: PSD-118-06 File No's: PLN 15.12 By-law Subject: LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS.. AT MILE 288.9 FOR THE WATERFRONT TRAIL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Com mittee recommend to Council the following: 1. THAT Report PSDA 18-06 be received; 2. THAT the license agreements for recreational purposes be entered into with the Canadian National Railway Company lands at Mile 288.9 under the .access bridge to Wilmot Creek Retirement Community, Part of Lot 3, Broken 'Front Concession, former Township of Darlington; 3. THAT by-laws authorizing the Mayor and Clerk to execute the agreement for the above noted license be adopted; 4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize this license agreement; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da 4d J.. rome, M.C.I.P., R.P.P. Franklin.Wu, Director of Planning Services Chief Administrative Officer A. S. Cannella, C.E.T. Director of Engineering Services FL'DJC"sh`df 22 November 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 t� REPORT NO.: PSD-118-06 PAGE 2 1.0 BACKGROUND 1 .1 The Municipality committed to the Waterfront Regeneration Trail in the 1990's. Since that time, the studies carried out by the Municipality, planning decisions and land acquisitions have advanced the goal of a continuous off-road trail along the Waterfront in the urbanized areas of Clarington. 1 .2 The Municipality has been working with Ridge Pine Park Inc. (Rice Developments) to complete the "missing link" in the trail between Bennett Road and Cobbledick Road. In the Phase 1 to 5 Amending Agreement for the development, terms were put in place requiring the developer to design and construct 1.6 km of Waterfront Trail from Bennett Road to the Cobbledick Road. 1.3 The Municipality as part of the approval for Phase 6, 7 and 8 of Wilmot Creek have acquired a corridor for the Waterfront Trail adjacent but separate from Wilmot Creek. Through Lot 3 the corridor is adjacent to the CN Rail lands and north of the tennis court/lawnbowling centre (Attachment 1). To provide access below Wilmot Creek Drive overpass it is necessary to route the trail onto CN land adjacent but separate from the tracks under the overpass. 1.4 Rice Developments have been in discussion with CN and have obtained approval for the routing of the trail onto CN lands, providing that the Municipality enter into a license agreement. 1.5 In May, 2006 Council approved the by-laws for the license agreements with Hydro One Networks for the waterfront trail immediately east of the Wilmot Creek Drive overpass. 2.0 COMMENTS 2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been shown on the revised site plans and is the subject of negotiation with the owners of Wilmot Creek Community, Canadian National Railway Company and the Municipality. All parties are in concurrence as to the location of the trail, its alignment and construction details. 2.2 The Municipality will be obtaining the license for the area under the overpass. The licence area is 0.0154 ha. 2.3 The licence agreement is granted on the provision that the Licensee (the Municipality) pay the sum of One Dollar ($1.00) plus G.S.T. and in addition $500 plus GST, annually for a period of 10 years with an option for an additional 10 year renewal of the license. 2.4 The other terms of the Licence that Council should be aware of are that the Municipality would be responsible for any costs that could be incurred by the Railway should a flag person or other expenditures be required while construction or maintenance by the Municipality or Railway is necessary. Currently, the Waterfront Trail is being located 622 REPORT NO.: PSD-118-06 PAGE 3 outside of the limits that a flagperson would be required, but over the life of the license this requirement could change. 2.5 The Municipality must carry Five Million Dollars ($5,000,000.00) in order to indemnify the Licensor and Hydro One Networks Inc. The Director of Finance has confirmed that we are in compliance with this condition. l 2.6 The license agreement has been reviewed by the Municipal Solicitor. 3.0 CONCLUSION 3.1 The Municipality has been working towards having the Waterfront Trail off-road, especially in the more urbanized areas. 3.2 The developer is paying for the construction of the trail as part of the overall development of Wilmot Creek Lifestyle Community in accordance with the arrangements with the Municipality. The Waterfront Trail is to be constructed in the spring of 2007. 3.3 Staff are recommending that the license agreement for recreational purposes be entered into to provide the missing link of the Waterfront Trail adjacent to the Wilmot Creek Retirement Community. Attachments: Attachment 1 - Map of CN lands and trail location Attachment 2 - By-law List of interested parties to be advised of Council's decision: Rice Developments Inc. 623 CD 0 0 D U) o � � 3 OD ZZ I� Location of Lands to be Leased under overpass to auoW Tor Hccess wi vvdtul lium 1 loll Proposed Waterfront Trail - - - - - - Future Waterfront Trail ui Area to be Leased under overpass to 0000 proposed Waterfront Trail Location allow for Access for Waterfront Trail Attachment 2 To Report PSD-118-06 THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2006- being a by-law to authorize the entering into a Recreational Purpose Licence Agreement with Canadian National Railway Company, the owner Part of Lot 3, Broken Front Concession former Township of Darlington, now in the Municipality of Clarington, Region of Durham WHEREAS,the Council of the Corporation of the Municipality of Clarington has approved the alignment of the Waterfront Regeneration Trail through these lands, shown in Schedule A and described as the right-of-way for Canadian National adjacent to the tracks of the Railway at Mile 288.9 of the Kingston Subdivision; AND WHEREAS, the owner of the lands have authorized a signing officer to execute a license for a period of ten(10)years; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington 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's seal, a Licence Agreement for Recreational Purposes between Canadian National Railway Company on Part of Lot 3 in Broken Front Concession former Township of Darlington, now in the Municipality of Clarington, Region of Durham. BY-LAW read a first time this 11'" day of December 2006 BY-LAW read a second time this 11s' day of December 2006 BY-LAW read a third time and finally passed this 11" day of December 2006 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 626 GANA®1AN IAAS10NA1' � RA11.w A� �ANpS 3 O MUNICIPALITY OF CLARINGTON LANDS 0 to RIDGE 00000000000000 LANDS 000 Proposed Waterfront Trail Location QArea to be Leased under overpass to allow for Access for Waterfront Trail HYDRO ONE LANDS Schedule "A" Attachment 2 To Addendum to Report PSD-118-06 Contract # THIS LICENSE AGREEMENT ENTERED INTO on the_day of 20 BETWE€N: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de la Gauchetiere Street West, Montreal, Quebec H3B 2M9 (hereinafter called the'Railwao AND: CORPORATION OF THE MUNICIPALITY OF CLARINGTON,a body corporate duly authorized to enter into this Agreement as it represents, located at 40 Temperance Street, Bowmanville,Ontario Ll C 3A6 (hereinafter called the'Licensee) WITNESSETH THAT: The Railway hereby gives permission to the Licensee to construct, maintain and use a pedestrian bridge and pathway (hereinafter called the 'Pathway") along and upon the right-of-way and adjacent to the tracks of the Railway at Mile 288.90 of the Kingston Subdivision, in the Municipality of Clarington, Province of Ontario, in the location as shown on the plan (Schedule "Al, annexed hereto and forming part hereof, subject to the following terms and conditions agreed to by the parties: 1. All costs to construct the Pathway shall be paid by the Licensee. 2. The Licensee agrees to reimburse the Railway for all direct and indirect costs incurred by the Railway in association with the Pathway, and undertaken by the Railway, or its designated agents,which are caused by the construction and/or use of the pathway. 1 The Licensee shall, during the term of this license, repair and maintain the Pathway, at the risk and expense of the Licensee, to the satisfaction of the Railway. In default of such repair or maintenance, the Railway may, by notice in writing, direct the Licensee to do or perform the same within 48 hours of receipt of such notice, which notice should be deemed to be received 48 hours from the time of mailing by registered mail. Should the Licensee fail to comply with such direction, the Railway may close the Pathway, do the work and the Licensee shall, upon presentation of accounts therefore, pay to the Railway all costs so incurred. 4. The Licensee shall not use, or permit to be used, equipment within the Railway right-of-way without first advising the Railway and arrange for flagging protection as required by the Railway. Flagging is to be provided by the Railway at the expense of the Licensee. Said advice and protection must be arranged at least four (4) weeks in advance of starting work. Any damage will be repaired at the expense of the Licensee. Page 1 of 5 628 5. The Licensee shall, during the term of this License, at the Licensee's own risk and expense, erect and maintain along the Pathway such other warning signs or protective devices or flagman as the Railway shall,in its sole discretion, deem necessary or desirable. 6. The Licensee shall, at the Licensee's own risk and expense, erect and maintain a six (6) foot high chain link fence (or an alternative form of barrier acceptable to the Railway or as may be required by a regulator), placed on the track side of the Pathway, and along the full extent of the Pathway for the length that the Pathway occupies the Railway's property. 7. The Licensee shall not at any time or in any manner interfere with the operation, maintenance or use by the Railway or others of the Railway's tracks or right-of-way. The Licensee shall not use, or cause or permit to be used, the Pathway at any time or in any manner so as to affect or interfere with any works or undertakings(whether of the Railway or otherwise)now or hereafter lawfully upon the Railway's tracks or right-of-way. 8. The Licensee agrees to indemnify and save harmless the Railway from all damages, claims, injuries, losses, expenses, and/or any responsibility of whatsoever nature (hereinafter called the "damages'l arising from or attributable to, whether directly or indirectly, the exercise by the Licensee or others, of any of the rights or privileges given under this Agreement. The Licensee for itself and others hereby waives the right to any claim against the Railway and its employees for such damages, except damages caused by the negligence of the Railway or its employees.. 9. Without limiting the generality of Section 8, the Licensee agrees to be responsible for, and to indemnify and save harmless the Railway from and against all loss and expense of whatsoever nature, which may occur by reason of pollution/contamination, that is not pre-existing to this agreement, occurring as a result of this Agreement or anything done in relation thereto. In the event of evidence of pollution/contamination,the burden shall be with the Licensee to prove that the pollution/contamination was not a result of this Agreement or anything done in relation thereto. 9.1. The Licensee shall immediately carry out all measures which the Railway, in its sole discretion, considers necessary to keep the Works free and clear of all pollution/contamination (hereinafter referred to as "Environmental Contamination") resulting from or occurring during the Licensee's occupation or use of the Railway's lands (hereinafter called the "Demised Premises"), such condition to be confirmed (at the option of the Railway and at the sole expense of the Licensee) by a post-termination environmental inspection/audit of the Demised Premises to be carried out by the Railway. The Licensee shall be solely responsible for the cost of all work carried out to correct any Environmental Contamination which occurs on the Demised Premises, or which occurs on other lands as a result of the Licensee's occupation or use of the Demised Premises, 9.2. If the Licensee fails to correct any Environmental Contamination to the satisfaction of the Railway and any public authority having jurisdiction, the Railway may perform such work by its employees or agents. The Railway may charge the Licensee from time to time for all the costs incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent (15%) and the Licensee shall pay the Railway's invoice or invoices for such costs within ten (10) days of receipt of each invoice. In the event such remedial work is carried out by any public authority,the cost of such work shall be borne by the Licensee. Page 2 of 5 629 9.3. The responsibility of the Licensee to the Railway with respect to the environmental obligations contained herein shall continue to be enforceable by the Railway notwithstanding the termination of this Agreement. 10. As an essential part of the consideration without which the Railway would not be party to this Agreement, the Licensee accepts the various stipulations herein contained, limiting the liability of the Railway, and the Licensee also agrees to pay to the Railway,for the rights herein granted,the sum of FIVE HUNDRED ($500) DOLLARS plus GST per annum, payable in advance at the office of the Railway on each anniversary of this Agreement for a term of ten (10)years. 11. "The Licensee shall have the option to renew this License on the same terms and conditions except the consideration to be paid by the Licensee to the Licensor for the renewal term of the License, by giving written notice to the Railway not less than sixty (60) days prior to the termination of the term of this License or extension of the term of R which is then in force. The consideration payable by the Licensee during the successive ten (10) year periods shall be subject to review for each successive(10)year period of the continuance of this Agreement and set at amounts which, in the opinion of the Railway, are fair and equitable, but in no event shall a yearly rate be less than the yearly rate payable during the previous ten (10) year period. The Licensor shall give the Licensee at least thirty (30) days written notice of the Licensee's opinion of the amount of the proposed consideration for the extension of the term of this License in question, provided that the Licensee may give the Licensor written notice before the termination of the term or extension of the term in force, withdrawing the Licensee's exercise of the option to renew this License. Failing the giving of the aforesaid written notice by the Licensee to the Licensor; withdrawing the Licensee's exercise of the option to renew, the consideration for the extension of the term or the extension of the term in question shall be the amount set out in the aforesaid written notice given by the Licensor to the Licensee.. 12. The Licensee shall not have the right to transfer or assign, in whole or in part, this Agreement nor any right arising hereunder without the written consent of the Railway, which shall not be unreasonably withheld. 13. This Agreement shall continue in force from the date hereof until terminated, at any time, by either party hereto giving written notice to the other parry of not less than thirty (30) days. Should the Licensee default in carrying out any of the terms and conditions of this License, the Railway may, at its option, terminate this License forthwith upon giving notice to the Licensee. It is also agreed that the Railway shall not have to refund to the Licensee any sum payable in advance hereunder. Notice hereunder shall be effectively given if delivered or sent by registered letter,or facsimile addressed: To the Licensee: MUNICIPALITY OF CLARINGTON Engineering Services Department 40 Temperance Street, Bowmanville, ON, L1 C 3A6 Attn: Peter Windolf, Manager Park Development Phone: 905.623-3379 To the Railway: CANADIAN NATIONAL RAILWAY COMPANY Business Development and Real Estate 1 Administration Road, Concord, ON, L4K 1B9 Attn.: Ms.Susan Sze Phone: 905-760-5004, Facsimile: 905-760-5010 Page 3 of 5 630 14. The Railway may on 30 day notice,terminate this Agreement without cause and without compensation to the Licensee. 15. Upon the termination of the Agreement, the Licensee shall forthwith, at its own risk and expense, and within 120 days, close all accesses to the Pathway and remove the Pathway including the footings, deck, fencing, etc. from the lands of the Railway and restore the Railways premises to a condition satisfactory to the Railway. The Railway may, at its option, perform such work at the risk and expense of the Licensee. 16. It is mutually agreed that, upon notification to the Licensee, the Railway may, at its option, acting reasonably, and at the risk and expense of the Licensee, perform any work or supply any materials which, in the opinion of the Railway, may be required, and in the event that the Railway does so, the Licensee shall pay to the Railway the cost and expense thereof, forthwith on receipt of an account therefore from the Railway. 17. The Licensee undertakes to use this Pathway solely as a recreational trail. it is understood and agreed that the Licensee shall not use the said Pathway for purposes other than that mentioned above, failing which the Railway reserves the right to close all accesses and remove the Pathway without notice or delay, at the Licensee's own risk and expense,as provided for in Article 14 of the present License. 18. This Agreement is confidential and the Agreement or any of its terms and conditions shall not be disclosed to any third party, person or association except and to the extent as maybe required by law or upon the prior written consent of all parties hereto. 19. The Licensee will procure and maintain throughout the term of this Agreement or any renewal thereof, commercial general liability insurance with insurance companies licensed to provide Liability Insurance in Ontario , protecting both the Railway and the Licensee against liability for the bodily injury and the death and for damage to or destruction of the property by the Licensee, as well as the exposures contemplated by Clauses 8 and 9 of this Agreement, with liability coverage in an amount of not less than $5,000,000 per occurrence, and such higher limits as the Railway may reasonably require from time to time. It is understood that the employees of the Licensee shall not be considered employees of the Railway. 20. The insurance provided herein shall name the Railway as an additional insured and shall apply to the Railway and the Licensee(the Insured) in the same manner and to the same extent as if a separate policy had been issued to each and shall contain a cross liability clause. 20.1. The Licensee agrees that the insurance provided herein does in no way limit the Licensee's liability pursuant to the Indemnity provisions of the Agreement. 20.2. The Licensee shall have no claim against the Railway or the Railways insurance for any damage the Licensee may suffer, except damages caused by the gross negligence of the Railway or its employees, and the Licensee shall require insurers under the insurance stated above to waive any right of subrogation by the insurers against the Railway. 20.3. The Licensee shall provide to the Railway evidence of such insurance having been obtained and maintained in the form of a certificate of insurance and such insurance shall not be subject to cancellation except after at least ninety (90) days' prior written notice to the Railway. If the Page 4 of 5 631 Licensee flails to comply with the requirements hereof to obtain insurance, the Railway may, but need not obtain such insurance and keep the same in effect and the licensee shall pay to the Railway the premium cost thereof upon demand. 20.4. The Railway shall not be responsible for the payment of any premiums with respect to such insurance and shall not be responsible for notifying the insurers of any occurrence or accident in or around the land occupied by the Licensee. IN WITNESS WHEREOF,the parties hereto have executed these presents. CANADIAN NATIONAL RAILWAY COMPANY nrraovrro - nsroFORM .Signature ISIV. Primed Name Title Witness Date CORPORATION OF THE MUNICIPALITY OF CLARINGTON Signature Printed Name Title Witness Date Page 5 of 5 632 'I I Attachment m jl To Addendum to Report PSD-118 �° Y � ' Vc `V I 'Ii rY l! ! dI �i o T V £i t E C C y ! ` Nighw! a°. Ii LI 7 � t i I L � High--�--� Ix, t J saasa.Yi':aa.y =_._C. N.R. I � Wilmot j Creek r' } -o V° t (� f _ 11 �ay.��+N' k"y.. '' r �. ' s -+. ?.5�`�`'4 sk"�• +� ''� r:Jo I! A� 0 0 ;.5'a!/)Oeal W%lm6t� N. n BOWMANVILLE c di I m 00 � � ! Legend Existing Waterfront Trail ��'� — ' Aiea .� ' -•••- Proposed Waterfront Trail a DRAWN BY: E.L. DATE: March 21,2007 y� NEWCASTLE ADDENDUM TO PSD-118-06 I KEY MAP ATTACHMENT NO. 3 G:\AftachmenWWiImotTrafl.mxd Attachment To Addendum to Report PSD-118-0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO,2007- being a by-law to authorize the entering into a Licence Agreement with Canadian National Railway Company, the owner Part of Lot 3, Broken Front Concession former Township of Darlington, now in the Municipality of ;Clarington, Region of Durham WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved the alignment of the Waterfront Regeneration Trail through these lands, shown in Schedule A and described as the right-of-way for Canadian National adjacent to the tracks of the Railway at Mile 288.9 of the Kingston Subdivision; AND WHEREAS, the owner of the lands have authorized a signing officer to execute a license for a period of ten(10)years; AND WHEREAS, Council has approved the recommendations contained in Addendum to Report PSD-118-06; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington 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's seal, a Licence Agreement between Canadian National Railway Company on Part of Lot 3 in Broken Front Concession former Township of Darlington, now in the Municipality of Clarington, Region of Durham. BY-LAW read a first time this 2 n day of April 2007 BY-LAW read a second time this 2ntl day of April 2007 BY-LAW read a third time and finally passed this 2 n day of April 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 634 '� Rp1i-�A� �pNOS Np01p� Np�,®Npt' OCR CX dam 00 0 O 00 00000000000000 00 �� 0000 HYDRO ONE LAND: 00000000 MUNICIPALITY OF CLARINGTON LANDS RIDGE PI E PAR INC. LANDS w E S (�(�Q Proposed Waterfront Trail Location Area to be Leased under overpass to allow for Access for Waterfront Trail Schedule "A Clarin n Leaa;ng�><e way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday April 10,2007 Resolution #: Report#: EGD-032-07 File #: By-law#: Subject: EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS Recommendations: 1. THAT Report EGD-032-07 be received; 2. THAT the Mayor and Clerk be authorized to execute, -on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD-032-07, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; and 3. THAT Council approve the by-law attached to Report EGD-032-07 to confirm its decision to enter into an agreement with the Regional Municipality of Durham; and 4. THAT a copy of this report, Council's resolution and the by-law be forwarded to the Regional Municipality of Durham. .� Submitted by: 3u: Reviewed b A.S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/RP/jo March 21, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 701 Report No.: EGD-032-07 Page 2 1.0 BACKGROUND 1.1 On March 31, 2004, the Municipality of Clarington entered into an agreement with the Region of Durham Health Department for the purpose of delegating to the Region the responsibility for the administration and enforcement of small capacity sewage systems (up to 10,000 litres per day) in the Municipality of Clarington. This agreement is valid for a period of 3 years and expires on March 31, 2007. 1.2 Staff would like to delegate the responsibility of administration and enforcement with respect to small sewage systems, to the Region of Durham for an additional period of three (3) years. 2.0 REVIEW AND COMMENTS 2.1 The Durham Region Health Department has been responsible for the enforcement of all sewage systems and issuing of permits in the Municipality of Clarington for the past 9 years. The Health Inspector operates three (3) days per week, for one (1) hour each day, out of the Municipal Administration Building, answering inquiries and accepting and issuing septic permits. 2.2 Staff has had ongoing discussions with the Region of Durham and we are of the opinion that they should continue with the administration and enforcement of sewage systems through the Health Department. 3.0 AGENCY& PUBLIC COMMENTS 3.1 The Durham Region Health Department has drafted an agreement (Attachment 1) which will allow them to continue the enforcement of small sewer systems. The agreement covers a period of three (3) years commencing April 1, 2007 and ending March 31, 2010. It should be noted that any party may terminate the agreement for any reason upon giving 180 days prior written notice to the other party. The agreement also allows the Region to prescribe fees for sewage system applications and other services that reflect the actual costs of administering the program. Staff has reviewed the agreement and is satisfied it represents the interests of the Municipality of Clarington. 702 Report No.: EGD-032-07 Page 3 3.2 The Region of Durham has increased the user fees for septic approval and attached is a copy of Schedule "A" with the 2004 user fees (Attachment 2) and Schedule "A" with the 2007 user fees (Attachment 3), for comparison. These fees are determined on a cost recovery basis and have not been increased since 1998. 3.3 The attached by-law (Attachment 4) is necessary to confirm Council's decision to extend the transfer of authority for small capacity sewage systems to the Regional Municipality of Durham for an additional three (3) year period. Attachments: Attachment 1 - 2007 Sewage System Management Agreement Attachment 2 - Schedule "A" of 2004 Sewage System Management Agreement Attachment 3 - Schedule "A" of 2007 Sewage System Management Agreement Attachment 4 - Proposed by-law 703 ATTACHMENT NO.:1 REPORT NO.: EGD-032-07 4- SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the 1st dayof April ,2DO7 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the"Municipality") WHEREAS.the Region and the Municipality entered into an agreement,dated April 6,2004 (expiring March 31,2007),for the purpose of delegating to the Region the enbrcement of certain responsibilities under the Building Code Act, 1992,S.O. 1992,C. 23,as amended(he `Act")and Building Code made thereunder relating to Sewage Systems, pursuant to subsection 6.2(1)of the Act; AND WHEREAS the parties are desirous of executing a renewal agreement for a further three (3)year tens; NOW THEREFORE,in consideration of the mutual covenants herein contained,the receipt and sufficiency of which is acknowledged,the parties hereto agree as follows: ARTICLE ONE APPLICATION Section 1.01 -.AOOlicetion This Agreement shall be applicable to all lands where no municipal sewers are available in the Municipality(the"Lands"). Section 1.02- Duties The Health Department shall faithfully tarty out its duties hereunder in accordance with the Act and the Building Code in force from time to time,this Agreement and any other legislation contemplated hereunder. ARTICLE TWO DEFINITIONS Section 2.01 -Definitions In this Agreement, (i) "Sewage System'means any works for the collection,transmission,treatment and disposal of sewage or any part of such works to which the Act applies with a design capacity of 10,000 litres per day or less; (ii) "Inspector'means an inspector appointed under subsection 6.2(3)of the Act; (iii) "Building Code"means Regulation 350106 made under the Act. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 —Services The Health Department shall provide the following services in relation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance, where no municipal sewage services are proposed,.to ensure that each lot will be 704 -Z- (ii) suitable for the installation of a Sewage System; (ii) Inspect properties prior to the issuance of a permit under the Act or Building Code for the construction,installation,establishment,enlargement,extension or alteration of a Sewage System; (iii) Issue permits under the Act and Building Code relating to Sewage.Systems; (iv) Following the Issuance of a permit under the Act or Building Code,inspect and reinspect,when necessary,Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (v) Carry out land inspections to determine the acceptability of applications for minor variances or lot line adjustments as they relate to existing and proposed Sewage Systems and review official plans and zoning by-laws and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (vi) Receive and process applications and requests related to activities listed in paragraphs O through(v)of this section; (vii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority, - (viii) Review planning documents including but not limited to subdWsion proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (ix) Attend meetings of Municipal Council and their committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (x) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement; (xi) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01(x)above; (xii) Consult with various groups regarding compliance with provisions of the Act and the Building Code relating to Sewage Systems; (xiii) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,c. N56.as amended,or through any other legal channel; (xiv) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation of reports for abatement action as it - relates to ebsting and proposed Sewage Systems; (xv) Issue orders under the Act relating to Sewage Systems; (xvi) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code. Administerproceedings relating to Sewage Systems pursuant to the Provincial Offences Act,R.S.O. 1990,c. P.33. (xvii) Provide all fortes necessary for the administration of this Agreement; (xviii) Provide any other matters related to the administration-or enforcement of the Act or Building Code relating to Sewage Systems. (xix) Attendance at hearings of the Ontario Municipal Board, and other tribunals,as required. 705 -3- ARTICLE FOUR FEES Section 4.01 -Collection of Fees The Regional Council agrees to pass an amending by-law,requiring the payment of fees on applications for and issuance of permits and other services as set out in Schedule W. The fees will be collected by the Health Department at the time of the application. In the alternative, the Municipality shall collect the fees on behalf of the Region and remit the fees collected to the Region on the last business day of every month. Section 4.02-Collection of Fee Schedule The Regional Council shall have the sole discretion,acting reasonably,to further amend the fees as set out in Schedule A from time to time. Section 4.03-Surplus Proceeds If the revenues collected exceed the expenditures for the services provided under this Agreement,the surplus shall be applied to a reserve fund and utilized by the Health Department to offset any deficits incurred. ARTICLE FIVE INSPECTORS Section 5.01 —Qualifications of Inspectors The Municipality agrees that only Health Department personnel meeting the following qualifications shall be employed as an Inspector for the purposes of this Agreement: (a) a person qualified to be employed as a full time certified Public Health Inspector (CPHI(C));and (b) a person qualified as a sewage systems inspector prescribed by the Ontario Building Code. Section 5.02-Appointment of Inspectors The Regional Council shall be responsible for the appointment of all Inspectors for the purposes of this Agreement pursuant to subsection 6.2(3)of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature,or reasonable facsimile,of each inspector appointed by the Regional Council. ARTICLE SIX INDEMNIFICATION AND INSURANCE Section 6.01 -Indemnification The Region shall indemnify and save harmless the Municipality from and against all claims,demands,losses,costs,damages,actions,suits orproceedings by whomsoever made, brought or prosecuted in any manner based upon,arising out of,related to,occasioned by or attributable to the activities of the Health Department in executing the work under this Agreement, provided such claims are caused by errors, negligent acts or omissions of the Health Department employees appointed pursuant to this Agreement(including authorized agents and contractors for whom the Region is in law responsible),and expressly excluding any claims,demands,losses,costs,damages,actions,suits orproceedings attributable,in whole or in part,to the errors, negligent acts or omissions of the Municipality(including authorized agents and contractors for whom the Municipality is in law responsible). Section 6.02-Insurance - i For the term of this Agreement,the Region will,at its expense,maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions,if any,set out in Schedule B. 706 -a- ARTICLE SEVEN TERM AND TERMINATION Section 7.01 -Tenn This Agreement shall continue in force for a period of three years commencing April 1, 2007 and ending March 31,2010. Section 7.02-Termination The Municipality may terminate this Agreement on 180 days mitten notice if the Health Department does not: (a) adhere to the provisions of the Act and Regulations;or (b) exercise any discretionary powers of an approval authority,acting reasonably,in the public interest; and the Health Department has not taken steps satisfactory to the Municipality within the 180- day period to remedy the matter complained of in the written notice. Section 7.03—General Termination Either party may terminate this Agreement with not less than 180 days notice. ARTICLE EIGHT MISCELLANEOUS Section 8.01 -Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02-Ganda Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural,the plural shall include the singular and the masculine gender shall include the feminine and neuter genders. Section 8.03-Amendments This Agreement shall not be changed, modifed,terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto,or their respective successors - or permitted assigns, or otherwise as provided herein. Section 8.04-Assignment This Agreement shall not be assignable by either party hereto without the consent of the other party being first obtained. Section 8.05-Notices Any notice,report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice,report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To the Health Department: The Regional Municipality of Durham . Health Department 605 Rossland Rd. E Whitby,Ontario L1N 6A3 Attention: Medical Officer of Health 707 -5- (b) To the Municipality.Municipality of Clarington _ 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: P. Barrie,Clerk Any notice,report or other written communication,if delivered,shall be deemed to have been given or made on the date on Mich it was delivered to any employee of such party,or if mailed, postage prepaid,shall be deemed to have been given or made on the third business day following the date on which it was mailed(unless at the time of mailing or within forty-eght hours thereof there shall be a strike,interruption or lockout in the Canadian postal service,in which case service shall be by way of delivery only). Either party may at any time give notice in writing. to the other parry of the change of its address for the purpose of this section 8.05. Section 8.06-Headings The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.07—Bindino Effect and Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto,their respective heirs,executors,administrators and successors(including successors brought about by municipal reorganization or restructuring),and to the extent permitted hereunder,their permitted assigns. Section 8.08-Waiver No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any other instance will be deemed to be a waiver with respect to any other instance involving the exercise of the right of with respect to any other such right. Section 8.09-Governing Law The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in elect. IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per. Roger Anderson, Regional Chair Per. P.M. Madill, Regional Clerk MUNICIPALITY Per. J.Abernethy,Mayor Per. P.Barrie, Clerk X:1GrouwLeoarv&mwathlsewage system rer a al agreement AGr-0601 March 2008 Draft 708 -6- SCHEOULE"A" USER FEES SCHEDULE: ACTIVITIES 2007 USER FEES OBC ACTIVITIES Building Permit for a Private Single Family Dwelling Sewage System - $700.00 (previously known as Certificate of Approval under EPA) Non-Residential/Institution - $700.00 Large(Commercial/Industda_n - >4,500- 10,000 L/day-$1,600.00 Building Permit for septic tank - $350.00 replacement only Building Additions - $250.00 (site assessment) - $75.00 (office assessment) Bldg. Permit for sewage system - $ 50.00(per application) Extensions (9 year) REGION ACTIVITIES Mortgage/Property Assessments - $350.00 erapplication) Lot Consents - $200.00(perlot) Draft Plans of Subdivision (new) - $300.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval & - $ 300.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had received draft plan approval& - $200.00 (per lot creation) application processed prior to 1998 requiring reassessment (note: subdivision assessment involves geo- technical&hydro-geological reviews) Rezonings, Official Plan - $200.00 (per application) Amendments, Minor Variances, Site-servicing Plans Cemetery Assessments - $ 10.00 (per plot) Lawyers' Letters - $200.00 (per application) Peer Review $200.00(per application) 709 SCHEDULE"8" The Region shall maintain in full force and effect during the tens of this. Agreement a policy of comprehensive general liability insurance providing coverage for a limit of not less than two million($2,000,000.00)dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement. 710 ATTACHMENT NO.:2 REPORT NO.: EGD-032-07 -6- SCHEDULE"A" USER FEES SCHEDULE: ACTIVITIES 2004 USER FEES OBC Activities Sinale Family DweiNna Building Permit for a Private Sewage s)Sfd:s232m (2 05 ft°) -$500.00 System b)Sfd.>232 0(2,500 ft=) -11700.00 (previously known as Certificate of Approval under EPA) Non-Residendal J Institution e) s4,500 Uday 4500.00 b)>4,500-10,000 Uday -$1000.00 Lame.(Commercfel/lndustrfall a)>4,500-10,000 Uday -51,000.00 Building Permit for septic tank . $200.00 replacement only Building Additions - $150.00(site assessment) - $25.00(office assessment) Bldg.Permit for sewage system $25.00(per application) Extensions(f year) Region Activities Mortgage I Property Assessments - $200.00 Lot Consents . $300.00(per application-2 We assessment) Draft Plans of Subdivision(row) $200.00 (perlot creation) Draft Plans of Subdivision that had • $200.00(per lot creation) not received draft approval,8 application processed prior to 1995 requiring reassessment I . Drag Plans of Subdivision that had . $ 100.00(par lof creation) received draft plan approved& appication processed prior to 7995 I (note:subdivision assassinate JnvoNes geo-technical requiring reassessment d hydro-geological reviews) Rezonings,OPAs,Minor Variances, - $150.00(per eppfication) Sits-aetvicing Plans Cemetery Assessments - $10.00 (perplot) Lawyers'Letters - $125.00(per application) 709 711 ATTACHMENT NO.:3 REPORT NO.: EGD-032-07 -6- SCHEDULE"A" USER FEES SCHEDULE: ACTVITIES 2007 USER FEES OBC ACTIVITIES Building Permit for a Private Single Family Dwellina Sewage System $700.00 (previously known as Certificate of Approval under EPA) Non-Residential/Institution - $700.00 Large(Commercial/Industrial) - >4,500- 10,000 Uday-$1,600.00 Building Permit for septic tank - $350.00 replacement only Building Additions - $250.00(site assessment) - $75.00(office assessment) Bldg. Permit for sewage system - $50.00(per application) Extensions(1 year) REGION ACTIVITIES Mortgage/Property Assessments - $350.00 erapplication) Lot Consents - $200.00(per lot) Draft Plans of Subdivision(new) - $300.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval& - $300.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had received draft plan approval& - $200.00 (per lot creation) application processed prior to 1998 requiring reassessment (note:subdivision assessment involves geo- technical&hydro-geological reviews) Rezonings,Official Plan - $200.00 (per application) Amendments,Minor Variances, Site-servicing Plans Cemetery Assessments - $ 10.00 (per plot) Lawyers'Letters - $200.00 (per application) Peer Review $200.00 (per application) 712 ATTACHMENT NO.A REPORT NO.: EGD-032-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2007- Being a By-law to authorize an agreement between the Corporation of the Municipality.of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington. 2. THAT this agreement attached hereto as "Schedule A" form part of this By-Law. BY-LAW read a first and second time this 16"'day of April, 2006. BY-LAW read a third time and finally passed this le day of April, 2006. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 713 Clam n :Lending the Way� REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday April 10, 2007 Report#: EGD-033-07 File #: By4aw#: Subject: HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EDG-033-07 be received; 2. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington be authorized to execute the easement agreements between the Municipality and Hydro One Networks Inc. contained as attachments 1 and 2. Respectfully, Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/PWf10 March 19, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 714 REPORT NO.: EGD-033-07 PAGE 2 1.0 BACKGROUND 1.1 Hydro One Networks Inc. will be installing new poles on the road allowances of Green Road and Baseline Road abutting two park sites. Pole anchors extending 3m - 5m onto the Municipality's parkland are required to support some of the new poles. Hydro One has requested that easements be registered with the Municipality to facilitate their future maintenance of the pole anchors and guy wires. One easement is required for four pole anchors along the west and north edges of Clarington Fields Park, formerly called Bowmanville Community Park (Attachment 1). A second easement is required for a single pole anchor on the west side of the future Aspen Springs Neighbourhood Park (Attachment 2). Our solicitor has reviewed the easement agreements and advises they are acceptable. The pole anchor locations will not significantly impact the design or maintenance of the parks. 2.0 CONCLUSION 2.1 Staff agrees that it is appropriate to grant these easements in favour of Hydro One Networks Inc. and recommends that the By-laws required to register the easements be prepared for signature by the Mayor and Clerk. Attachments: Attachment 1 - Clarington Fields anchor locations Attachment 2 - Aspen Springs Park anchor location 715 ATTACHMENT NO.A Hydro Ono Networks km REPORT NO. EGD-033-07 913 Grawiwd Drive - Tel: 905-623.1071 EKt: 3318 Peterborough,Ontario K9J 3X1 F= 905-623-952 ~.HrkcOne.e - CA 905.432-8259 hydro' one November 29, 2006 The Corporation of The Municipality of Clarington Attn: Ms. 1:_Little 40 Temperance Street Bowmanville, On L1C 3A6 Dear Ms. Little Baseline Road and Green Road Reconstruction MUnICIP31ity of Clarinoton Project #RC 27 09 Hydro One requires two registered easements for rights, as layed out in the attached documents. Enclosed please find two copies of each required easement. These easements will give Hydro One the necessary rights we require. Please have the documents completed as follows. 1. Insert the required information in paragraph #9 2. Insert the date of signing after paragraph#15. 3. Have appropriate person(s) sign at "Transferor's Name'. 4. Sign at"Owner"and date the "SCHEDULE A"(sketch). 5 There are two copies of each of the documents. After completing please return one copy of each to this office, retaining one for your records. Once, I have received the completed documents we will carry on with the necessary work including having a survey completed for the easement. Our Real Estate Department will contact you in order to arrange for signing of the official easement documents. If you have any further questions please contact me at your convenience. Yours truly, J.M. (Jim) Hisson Area Distribution Engineering Technician JMH: Enc 716 1 OFFER TO GRANT AN EASEMENT TO HYDRO ONE NETWORKS INC. I/We,The Corporation of The Municipality of Clarington (the 'Transferors)"), being the owner/owners of Part Lot 16 in the Broken Front Concession, in the Municipality of-Clarington, (formerly Township of Darlington), in the Region of Durham, according to Registered Plan No. , (herein called the "Lands'), in consideration of payment of the sum of Five/$5.001 DOLLARS fthe "Offer Consideration'), and other good and valuable consideration (the receipt and sufficiency of which consideration is hereby acknowledged), hereby covenant and agree as follows: 1 (a). The Transferor hereby grants to Hydro One Networks Inc., its successors and assigns Ithe "Transferee") the exclusive right, irrevocable during the periods of time below specified in paragraph 2, (the'Offer").to purchase free from all encumbrances upon the terms and conditions hereinafter set out the perpetual rights, easements and Privileges set out in a Transfer and Grant of Easement Ithe terms and conditions of which are the same or substantially the same as those set out in paragraph 71 Ithe "Transfer of Easement") (the "Rights')in,through, under, over, across, along and upon that portion of the above Lands as shown highlighted in red on Schedule 'A' hereto annexed (the"Strip'), which offer the Transferee hereby accepts. 1 lb). The purchase price for the Rights shall be the sum of --FIVE— dollars.(the "Purchase Price") of lawful money of Canada to be paid by cash or uncertified cheque to the Transferor on Closing. 2. THIS Offer may be accepted by the Transferee at any time within one hundred and twenty 1120) days from the date of this Agreement by a letter delivered or facsimile transmission or mailed postage prepaid, to the Transferor at the address set out in paragraph 9. If this Offer is not accepted within this time freme, this Agreement and everything herein contained shall be null, void and of no further force and effect. If this Offer is accepted by the Transferee in the manner aforesaid,this Agreement and the letter accepting such Offer shall then become a binding contract between the parties, and the same shall be completed upon the terms herein provided for. 3. THE Transfer of Easement arising from the acceptance of this Offer shall be executed and delivered to the Transferee on of before the One Hundred and Twentieth (1201 day after the dale of Transferee's acceptance of this Offer (the "C(osing") subject to the availability of a satisfactory survey, it required, and time shall in all respects be of the essence hereof. 4. THE Transferor shall not grant or transfer an easement or permission,or create any encumbrance over or in respect of the Strip prior to registration of the Transfer of Easement.The Transferee has permission to approach prior encumbrancers to obtain all necessary postponements and subordinations lin registrable form) from all current and future prior encumbrancers, postponing their respective rights, title and interests so as to place such Rights and Transfer of Easement in first priority on title to the Strip, 5. THE Transfer of Easement shall be prepared by and at the expense of the Transferee. The Transferor hereby covenants and agrees that the Transferee may;at its option, register this Agreement or Notice thereof,and the Transfer of Easement on title to the Lands, and the Transferor hereby covenants and agrees to execute, at no further cost to the Transferee, such other documents as may reasonably be required by the Transferee to effect registration of this Agreement or Notice thereof and the Transfer of Easement. 6. THE Transferor covenants and agrees with Transferee that it has the right to convey the Rights without restriction and that Transferee will quietly possess and enjoy the Rights. 7. AS of the date of this Offer, the Transferor grants to the Transferee, in consideration of the Offer Consideration, free from all encumbrances and restrictions the following rights, easements, rights of way, covenants, agreements and privileges in, through, under,over,across, along and upon the Strip: (a). to enter on and erect, maintain, operate, repair,replace, relocate, upgrade, reconstruct and remove at any time and from time to time, an electrical transmission line or lines and communication line or lines consisting of all necessary poles, anchors with all guys, braces, wires, cables, underground cables and associated material and equipment (all or any of which works are herein called "the line'); Apr 2002 Peaa r o13 717 (b) to erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferor; (c) to enter on and mark the location of the line under the Strip by suitable markers, but said markers when set in the ground shall be placed in fences or other locations which will not interfere with any reasonable use the Transferor shall make of the Strip; id) (1) to enter on and out selectively trees and shrubs on the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the line; lit) subject to payment of additional compensation therefor, to cut, prune and repave if necessary trees located outside the Strip whose condition renders them liable to interfere With the safe operation and maintenance of the line; (e) to enter on and conduct engineering and legal surveys in,on and over the Strip; Ifj to clear the Strip and to keep it clear of all buildings, or other obstructions of any nature whatever including removal of any materials which in the opinion of the Transferee are hazardous to the line. Notwithstanding the foregoing, in all cases where in the sole discretion of Transferee the safe operation and maintenance of the line is not endangered or interfered with, the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of Transferee, at his or their own expense construct and maintain roads,lanes,walks,drains,sewers, water pipes, oil and gas pipelines, and fences Inot to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation,the Transferor shall give to Transferee 30 days' notice in writing so as to enable Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the line. 1g) to enter on, to exit from,and to pass and repass at any and all times in,over, along, upon, across, through, and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, permitees, servants, agents, contractors and subcontractors with or without vehicles, supplies, machinery, plant, material and equipment for all purposes necessary or convenient to the exercise and enjoyment of the said rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Lend caused by the exercise of this right of entry and passageway; and (h) to remove, relocate and reconstruct the line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. (i) The Transferor covenants and agrees not to erect in, on and under the Strip any buildings, structures, swimming or wading pools, or other obstructions of any.nature whatsoever, except paved driveways and property line fences and further covenants and agrees not to change the grade of the Strip if in the opinion of the Transferee such act would interfere with the line. qj The Transferor covenants with the Transferee that he has the right to convey the said rights and easement in, on and under the said land to the Transferee, and that the Transferee will quietly possess and.enjoy the said rights and easement, and that he will execute such further assurances of the said rights and easement as may be requisite. 8. THIS Agreement and the Transfer of Easement shall both be subject to The Planning Act, R.S.O. 1990,C. P-13,as amended. 9. ANY demand, notice or other communication to be given in connection with this Agreement shall be given in writing and shell be given by personal delivery, by registered mail postage prepaid, or by facsimile transmission, addressed to the recipient as follows: Apr 2002 Papa 2 of 3 p 710 To: Transferor To: Transferee The Corporation of The Municipality of Clarington Hydro One Networks Inc. Address: 40 Temperance Street Address: 913 Crawford Drive Bowmanville, On L1 C 3A6 Peterborough,On K9J 3X1 Fecalnile No: Facsimile No: 905-623-0636 Phone: 905-623-3379 Phone: 905-623-1071 extn: 3318 Attention: Attention: J.M.Hisson or to-suchother address, facsimile number or individual as may be designated by notice given by either party to the other. Any demand, notice or other communication shall be conclusively deemed to have been given when actually received by the addressee or upon the second day after the day of mailing. 10. THE Transferee covenants and agrees with the Transferor to save harmless the Transferor, his tenants or other lawful occupiers of the Strip tw any loss, damage or Injury caused by the acceptance of the Offer and the granting and transfer of Rights or anything done pursuant thereto or arising from any accident(not excluding any Act of God) that would not have happened but for the presence of the line on the Strip; provided, however, that the Transferee shall not be liable to the extent to which such loss,damage,or Injury is caused or contributed to by any act or omission of the Transferor,or those he is responsible for in law. 11. THE Transferor covenants and agrees that if and before the Transferor sells, transfers, assigns,disposes (or otherwise parts with possession) of all or part of the Lands to a third parry (the "Third Party") the Transferor shall use best efforts to ensure that the Third Party assumes the burden and benefit of this Agreement, and agrees to be bound by it. Accordingly, the Transferor covenants and agrees to use best efforts to obtain from the Third Parry a written acknowledgment and agreement that the third Party is aware of the provision of this Agreement and will continue to be found by the terms, conditions and stipulations of this Agreement. 12. THE Transferor represents that he is not now and at the time of Closing stall not be a spouse within the meaning of the Family Law Act,R.S.O. 1990,F F.3,as amended, failing which,the Transferor shall cause this Agreement and all related documents to be accepted and consented to In wlltirg by the spouse of the Tmnsferor to the satisfaction of the Transferee and at no furtlier cost or condition. 13, THE Transferor covenants and agrees to instruct and authorize any and all encumbrancer$, mortgagees and chargees of the Lands to execute the Transfer of Easement. 14. ALL covenants herein contained shall be construed to be several as well as joint, and wherever the singular and the masculine are used in this Agreement, the same shall be construed as meaning the plural or the feminine or neuter,where the context or the identity of the Transferor/Transferee so requires. 15. THE burden and benefit of this Agreement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors,administrators,successors and assigns. IN WITNESS WHEREOF the Transferor has hereunto set their hands to this Agreement, this day of , 2006. SIGNED AND DELIVERED In the Presence of I I Transferor's Name 1 1 1 Transferor's Name I Consent Signature& Release of 1 Transferor's Spouse, if nonowner 1 Nov 2006 I Page 3 or 3 719 N O � I N Baseline Road legend new poles new anchors new line 0 M 0 c a> 0 A' Owner: Owner: new pad transformer m existing poles O Agent: Jim Hisson existing anchors — — Date: existing line — — — — — easement width — - - - - - Work Order: #811690 Task 03 124mt 5m Bowmanville Community Park 5m not to scale Schedule'A' property Easement Sketch Lot : Part Lot 16 Parcel : Concession : Broken Front Township : Known as 2375 Baseline Road District : Region of Durham ATTACHMENT NO.:2 REPORT NO: EGD-033-07 OFFER TO GRAM AN EASEMENT TO WORD ONE NETWORKS fim. . IAVs,The Corporation of The Municipality of Clerington (the 'Tumai'mr'm being the owmrrowmm of Part Lot 16 in the First Concession, in the Municipality of ClirtrVon, (formerly Township of Darlington), In the Region of Durham, aecordkg to Registered Plan No, 'Lands'), in consideration of , (herein called the Payment of the sum of l7ve lJS.Of7/DOLLARS(the `Offer Considstetion'I, and other good and valuable consideration 'the receipt and sufficiangr of which consideration is hereby ackncwledgedl, hereby covenant and agree as follows: 1 (a). The Transferor hereby grants to Hydro Om Natwodts Inc.. Its succeuon and age (the 'Tremlares, the exclusive right, irrevocable during the periods of time below specified M Ines from all encumbrance,u paragraph 2, (In@'Offst7 to purcha pore the farms and conditions hereinafter set out the perpetual rights,easornents and Privileges set out in a Transfer and Gram of Easement fths tams end conditions of which era the same or - substantially the "M ere Moss set out in paragraph 71 11M 'Traruler of Easaiaaat") (the 'Rights') kb through, under,over, across, along and upon that portion of the above Lands as shown highlighted in red m Schedule 'A' hereto amexed Ithe'Str{p'I, which offer the Transferee hereby accepts. 1 lb). The purchase price for the Rights shall be the aim of —FIVE— dollars (the 'Purchase Price') of lawful moray Of Canada to be paid by cash or uncerliffed cheque to the Tranateror on Closing. 2. THIS Offer may be accepted by the Transferee at any time within one hundred and twenty 11201 days from the date of this Agreement by a letter delivered or facsimile transmission or mailed p081890 prepaid, to the Transferor at the address set out in paragraph S. if this Offer In not accepted within this time frame, this Agreement and everything herein contained shell be null, void and of no further force and effect. If this Offer Is accepted by the Transferee In the manner aforesaid, this Agreement and the letter accepting such Offer shall then become a binding contract between the parties, and the some shelf be completed upon the terms herein provided for. 3. THE Transfer of Easement arising from the acceptance of this Offer shall be executed and delivered to the Transferee On or before the One Hundred and Twentieth 1120')day.after the date of Transferee's acceptance of this Offer 11119 'CAMSAW) subject to the availability of a satiatamo Sure It r respects be of the essence heraot. ry W. squired, am time aheM in all 4. THE Transferor shall not granter transfer an Unment Or permission, or create any encumbrance over or in respect of the Strip prior to registration of the Transfer of Easement.The Transferee has permission to approach prior ancumbrancom to obtain all necessary postponements and subordinations(in registrable form)from all current and future prior ancumbramen, postponing their respective rights, title and interests so es to place Such Rights and Transfer of Easement in tint priority on tide to the Strip. 5. THE Transfer of Easement shag be prepared by mid at the expanse of the Transferee. The Transferor hereby covenants and agrees [het the Transferee may,at its option,register this Agreement a Notice thereof, and the Transfer of Easement on title to the Lands, and the Transferor hereby covenants and agrees to execute, at no further cost to the Transferee, such other documents ns may reasonably be required by the Transferee to effect registration of this Agreement or Notice thereof and the Transfer of Easement. 5. THE Transistor covenants and agrees with Transferee that it has the right to convey the Rights without restriction and that Transferee will quietly possem and enjoy the Rights. 7. AS of the data of this Offer, One Transfaror grants to the Transferee, in consideration of the Offer Consideration, free from all encumbrances and restrictions the following rights, easements, rights of way, covenants,agreements and privileges in, through, under,over,across, along and upon the Strip: Is) to enter on and arm, maintain, operate, repair, replace, relocats,upgrade, raconstnut and remove at any time and from time to time,an electrical transmission Lim, liras and communication Lim a lines consisting of ale necessary poke, anchors with all guys, braces, wires, tabl es, underground cables and associated material and equipment fall or any of which works are herein called the lira'); •a 2003 PPae I d3 721 (b) to erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferor, (c) to enter on and mark the location of the line under the Strip by suitable ma(kers, but said markers when set in the ground shall be placed in fences or other'.locations which will not interfere with any reasonable use the Transferor shall make of the Strip; td) @ to enter on and cut selectively trees and shrubs an the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the line; fill subject to payment of additional compensation therefor, to cut, prune and remove if necessary trees located outside the Strip whose condition renders them liable to interfere with the sate operation and maintenance of the line; (e) to enter on and conduct engineering and legal surveys In,on and over the Strip; If) to clear the Strip and to keep It clear of all buildings, or other obstructions of any nature whatever including removal of any materials which in the opinion of the Transferee-are hazardous to the line. Notwithstanding the foregoing, in all cases where in the We discretion of Transferee the safe operation and maintenance of the line is not endangered or Interfered with, the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of Transferee, at his or their own expense construct and maintain roads, lanes,walks, drains,sewers, water pipes, oil and gas pipelines, and fences (not to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation,the Transferor shall give to Transferee 30 days' notice in writing so as to enable Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the line. (g) to enter on, to exit from, and to pass and repass at any and all times in,over, along, upon, across, through, and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, pertnitees, servants,. agents, contractors and subcontractors with or without vehicles, supplies, machinery, plant, material and equipment for all purposes necessary or convenient to the exercise and enjoyment of the said rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Land caused by the exercise of this right of entry and passageway;and (h) to remove, relocate and reconstruct the line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. (1) The Transferor covenants and .agrees not to erect in, on"and under the Strip any buildings, structures, swimming or wading pools, or other obstructions of any nature whatsoever, except paved driveways and property line fences and further covenants and agrees not to change the grade of the Strip if in the opinion of the Transferee such act would interfere with the line. (j1 The Transferor covenants with the Transferee that he has the right to convey.the said rights and easement in, on and under the said land to the Transferee, and that the Transferee will quietly possess and enjoy the said rights and easement, and that he will execute such further assurances of the said rights and easement as may be requisite. 8. THIS Agreement and the Transfer of Easement shall both be subject to The Planning Act. R.S.O. 1990,c. P-13,as amended. 9. ANY demand, notice or other communication to be given in connection with this Agreement shall be given in writing and shall be given by personal delivery, by registered mail postage prepaid, or by facsimile transmission,addressed to the recipient as follows: Apr 2002 Peae 2 of 9 722 To: Transferor To: Transferee The Corporation of The Municipality of Clarington Hydro One Networks Inc. Address: 40 Temperance Street Address; 913 Crawford Drive Bowmanville, On L1C 3A6 Peterborough,On K9J 3X1 Facsimile No: Facsimile No: 905.623-0636 Phone; 905-623-3379 Phone: 905-623-1071 extn: 3318 Attention: Attention: J.M. Hisson or to such other address, facsimile number or individual as may be designated by notice given by either party to the other. Any demand,notice or other communication shall be conclusively deemed to have been given when actually received by the addressee or upon the second clay after the day of mailing. 10. THE Transferee covenants and agrees with the Transferor to save harmless the Transferor, his tenants or other lawful occupiers of the Strip for any loss, damage or injury caused by the acceptance of the Offer and the granting and transfer of Rights or anything done pursuant thereto or arising from any accident (not excluding any Act of God) that would not have happened but for the presence of the line on the Strip; provided, however, that the Transferee shall not be liable to the extent to which such loss, damage,or Injury is caused or contributed to by any act or omission of the Transferor, or those he is responsible for in law. 11. THE Transferor covenants and agrees that if and before the Transferor sells, transfers, assigns, disposes Ior otherwise parts with possession) of all or part of the Lands to a third party Ithe "Third Party") the Transferor shall use best efforts to ensure that the Third Party assumes the burden and benefit of this Agreement, and agrees to be bound by it. Accordingly, the Transferor covenants and agrees to use best efforts to obtain from the Third Party a written acknowledgment and agreement that the third Party is aware of the provision of this Agreement and will continue to be bound by the terms,conditions and stipulations of this Agreement. 12. THE Transferor represents that he is not now and at the time of Closing shall not be a spouse within the meaning of the Family Law Ad,R.S.O. 1890, c. F.3,as amended,failing which,the Trensferor shall cause this Agreement and all related documents to be accepted and consented to in writing by the spouse of the Transferor to the satisfaction of the Transferee and at no further cast or condition. 13. THE Transferor covenants and agrees to instruct and authorize any and all encumbrancers, mortgagees and chargees of the Lands to execute the Transfer of Easement. 14. ALL covenants herein contained shall be construed to be several as well as joint, and wherever the singular and the masculine are used in this Agreement, the some shall be construed as meaning the plural or the feminine or neuter,where the context or the identity of the Transferor/Transferee so requires. 15. THE burden and benefit at this Agreement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors,administrators,successors and assigns. IN WITNESS WHEREOF the Transferor has hereunto set their hands to this Agreement, this day of , 2006. SIGNED AND DELIVERED In the Presence of 1 Transferor's Name 1 1 1 Transferor's Name 1 1 I ) Consent Signature& Release of 1 Transferor's Spouse, if non-owner 1 Nav 2006 I Paae 3.13 723 J N A Aspen Springs Drive 0 IY c N N ,L^ V New School i 3.Om 4 izomf Park legend new poles Owner. new anchors � new line Owner; new pad transformer m existing poles O Agent: Jim Hisson existing anchors — — Date: existing line — — — — — easement width - - - -- - '- Work Order: #811690 Task 03 ctitl not to scale hydrProperty Easement one Schedule'A' Sketch Lot : Part Lot 16 Parcel Concession: One Township : Known as 80 Baxter Street District : Region of Durham Clarington Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday April 10, 2007 Report #: EGD-034-07 File #: By-law#: Subject: Mill Street Subway Reconstruction, Newcastle — Public Information Centre Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-034-07 be received; and 2. THAT Council receive the information pertaining to the Public Information Centre of March 20, 2007; 3. THAT staff proceed with the EA process recommending the preferred hybrid alternative as the preferred alternative. Respectfully by, Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/BMB/jo April 2, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 725 Report #EGD-034-07 Page 2 1.0 BACKGROUND 1.1 On February 12, 2007, Report EGD-024-07 was received by Council. The resolution passed directed the Engineering Services Department to proceed with the Environmental Study Report and schedule a final Public Information Centre (PIC) to present the hybrid alternative. A PIC was initially scheduled and advertised for March 1, 2007; however, due to weather conditions, the Engineering Services Department rescheduled the meeting in consideration of public safety. The reconstruction of the Mill Street Subway south of Highway 401 in Newcastle was the subject of a well attended PIC at the Newcastle Town Hall on March 20, 2007. 2.0 INFORMATION CENTRE 2.1 Information Centre, March 20, 2007 Staff and representatives from municipal consultants, Totten Sims Hubicki, presented the following information to the members of the public who were in attendance: Information and meeting notes from Previous PIC's (May 2001 & April 2006) Graph indicating the Class EA process and various stages highlighting the current stage in the process Arial photography of the immediate area adjacent to the proposed works The preferred hybrid alternative with respect to the existing rail line, the surrounding properties, and Toronto St. Final reports of other Class EA project used as an examples of the ultimate product from the EA process Various geotechnical studies Plan and Profile drawings of the reconstructed Mill Street subway and a conceptual rendition of the completed works Various examples of pedestrian tunnels that currently exist. 2.2 Following the informal presentation of the above material, staff and the municipal consultants held a formal presentation including the history of the project dating 726 Report#EGD-034-07 Page 3 back to 1991 through to the most current alternative being considered today. This formal presentation material is available on file with the .Engineering Services Department or on the municipal website at www.clarington.net/htdocs/department_engineering.html. A post presentation discussion was provided for the general public to help clarify any presentation material and provide verbal comments. 2.3 In all, the meeting was well attended and the register and comment sheets are on file within the Engineering Services Department and available for review. The design proposal presented for the Mill Street subway was generally well received and several members of the public participated in the post presentation discussion. There were comments made with respect to the following aspects of the project: The historic presence of the existing bridge structure The southbound entrance sign wording as you approach the structure The proposed installation of the signals at Toronto St. and Mill St. intersection The vehicular sightlines along Mill St. The importance of the proposed pedestrian tunnel Of the thirty-eight persons who actually registered, two where in favour of the full reconstruction of the historic structure previously presented in 2006 The remaining comments were extremely positive and observers were satisfied with the works proposed 3.0 DISCUSSION 3.1 As a result of the PIC, finalizing the detailed design will proceed based on the comments received for the work presented by the Municipality with the following issues to be addressed: • The signed entrance will consider the existing Bond Head area and the Port of Newcastle. • The underground infrastructure for the signals will be installed. The intersection will be monitored following the reconstruction and the signals will 727 Report#EGD-034-07 Page 4 be installed when the Engineering Services Department feels they are warranted. The proposed profile will be reviewed and, if further improvements to the sightlines can be achieved, they will be considered. I1 4.0 CONCLUSIONS The following schedule is proposed for the completion of the project: Complete construction of Toronto Street improvements September 2007 Tender improvements for Mill Street including sidewalk, pedestrian /cyclist underpass and minor grading September 2007 improvements Complete construction of Mill Street improvements June 2008 Signalization of Mill Street South @ Toronto Future Street/Highway Street/Highway 401 South Ramp Terminal intersection Attachments: Attachment 1 — Key Map 728 0)I 1 - i --Doncaster r—, ii__ _ ___ _. � ._Jamei - _..James t- 1 _Hart -t-- \I I —.Robert U uTw.t'BWd w Hiahway 401 low- __q- a-' I I I St. Lawr wramo, r o ence& Huds �, °n Railway arkS —_—__, ml �` J ot� { i ._/-. _ __... ..__. .._.1- NEWCASTLE — Mt I � Highway 401 N lI Project Area r , _ F Al Ica o fzz/ 3 . -- j — - �` I � � r \ DROWN BY: E.L. DATE:April 2,2007 �! o. to I Axo&o ey rn (�' i REPORT EGD-034-07 120a Spa — l KEY MAP ATTACHMENT NO. 1 Mpg GWttachmentsWillStBndge.mxd (Ading IOW l el e% REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 10, 2007 Report#: ESD-005 -07 File # 10.12.6 By-law# Subject: EMERGENCY AND FIRE SERVICES — 2006 ANNUAL REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-005 -07 is received for information. Submitted by: Le c1J Reviewed by: Gordon Weir, AMCT, CMM111 Franklin Wu, Director of Emergency & Fire Services Chief Administrative Officer GW:sr Attachment: 2006 Annual Report CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-650901 y; 9,- s .-. e- ��a. .... a,M _. Emergency Services/Fire Chief 1 2 3 4 4 5 AD) 5 5 5 n 6 6 6 7 7 8 all Type 9 onth 11 :ation 11 lumber of Fires 12 F 12 t by Call Type 13 art by Number of Fires 13 t by Month 14 t by Station 14 t by Unit 15 16 ng Chart by Hours 16 17 18 90 Message from Gord Weir Director of • - Your Worship Mayor J. Abernethy and Members of Council. The information contained in this report is a summary of the activities of Clarington Emergency and Fire Services for the year ending December 31, 2006. The Department saw a drop in the number of emergency responses in 2006 as our call volume decreased by 4.5% to 3330 calls. The scope of work was very broad, including but not limited to property fires / explosions, unauthorized burning, false fire calls, public hazards, rescue calls, medical assist calls and miscellaneous calls. It is with regret that I report the one fire fatality in 2006. 1 rely strongly on the assistance and support received from Deputy Fire Chief Bill Hesson and Deputy Fire Chief Mark Berney. The strength of Clarington Emergency and Fire Services are the men and women from every division who continue to serve the residents. We are dedicated to the protection of life and property of the citizens of Clarington and all those who visit our municipality. In closing, I am honoured to serve the Municipality in this capacity and lead the members of this fire Department. Gord Weir Director of Emergency Services / Fire Chief 90C � k2 . ƒ OF . �IL � ! ! ; ! �o 0,.L3 -� e IL 906 M r- N =ti U V 00 �t EZ .CO 0 � 3 u.i O U c -�- O N y cm C M O i I M 1,. 0 co LO NI N N L-N N N CO IV U') C C C C C • O O O O O _ m V/ N N f0 N co V! V/ (D 1 I ,;.r. V Ir V/} '. f + I i • 1 S �... y"fl LE .+ ^ki 5 F Y 11 7T777' 907 Fire Prevention Division Activities Fire Prevention staff are responsible for a number of activities including: • Fire Inspections: A visual observation of premises for the purpose of enforcing Ontario Fire Code compliancy; • New Construction / Plans Review: A visual observation of plans for compliance with the Ontario Building Code for the installation of appropriate fire and life safety systems; • Public Education Programs: The delivery of fire safety programs to targeted residents of the municipality; and • Fire Investigations: The inspection of fire scenes to determine cause and origin. Below is a summary of activities by the Division. Activity Number of Incidents Fire Inspections 582 New construction / Plans Review 108 Public Education Programs 88 Fire Investigations 12 The commitment of Fire Prevention staff, providing the citizens of Clarington with public education programs, made it possible to reach over 8000 residents in 2006. Fire safety is our number one priority. Below is a summary of persons addressed through Public Education Programs. Public Education Program No. of Persons Addressed Fire Prevention Week 126 Racing Against Drugs (RAD) 1500 Fire Chief for the Day 2000 Family Safety Day 5000 estimated Junior Firefighter Program 160 Risk Watch 158 TAPP-C 10 Alarm for Life 1771 Older Wiser 40 Fire Extinguisher Training Program 134 Station Tours 768 !Jl[I11• ll 90 4 Public Education Racing Against Drugs (RAD) Ems; The first week of June 2006 was RAD week. Clarington Emergency and Fire Services is a founding associate member of RAD or Racing Against Drugs. We have two educational "pit stops" including the fire safety house where we educate all Clarington grade five students on fire safety. There were approximately 1,500 visitors in 2006. Fire Chief for the Day The 2006 Fire Chief for the Day winner was Miranda Beckmann from Newtonville PS. Her excellent fire safety plan entry earned her the title and she was rewarded for her efforts by a visit of the fire hall, presentations by the Mayor and Fire Chief and dinner compliments of McDonalds Restaurants. Family Safety Day Wet weather didn't put a damper on our C L A R ' N G * ° N Family Safety Day on Sept 30. Ajoint (b—0 effort of community minded safety SOP organizations and primary sponsor Ontario Power Generation — Darlington Nuclear. An estimated 5,000 visitors viewed and interacted with the displays in 2006. j Ir'Lark 5 a 904 I"way Public Education Junior Firefighter Program In August, 160 Clarington residents aged 10-11 are given the opportunity to spend one week at Station 1 Bowmanville to become a Junior Firefighter. A Junior Firefighter is trained to become a safety F` conscious individual with an understanding of what all emergency services do on a daily basis. 4 Fire Safety House The George Vice Fire Safety House made twenty visits throughout 2006. This is Clarington's most popular educational tool, teaching all age groups basic fire safety. George Vice, a resident of Bowmanville and veteran member of the Rotary Club of Bowmanville was the primary benefactor for the Fire Safety House. TAPP—C Program The Arson Prevention Program for Children is a two part program to determine if a child's fascination with fire exceeds what is considered normal. If a child is diagnosed with a problem, help is provided. The first component consists of an assessment through a mental health agency; the second component consists of fire safety awareness from Clarington Fire. There were ten TAPP-C clients in 2006. c.m.s uh.w(l/ f I l� 91 6 � Public Education Alarmed for Life Program Every summer and fall our crews make house calls to ensure all residents have a working smoke alarm on each level of their home and to perform a home safety check if requested. This program also includes Wilmot • Creek. The program is mandated by the provincial government. In 2006, 1771 homes were visited by our firefighters. .� 04olr �, Working smoke alarms were found in 96% of homes. `=��� Seventy percent of residents felt comfortable with their knowledge of fire safety. I',`� 1° 11 ' I ies kuuu smolm Older & Wiser Program alarnmonowyleWofyaw hom In 2006, visits were made to senior ara"t a�uala aroaa.TQ•t tin alarms OLDER complexes such as Wilmot Creek and onwamomh WISER Parkview in Newcastle to teach fire safety and 1w ��at t I F��,SER and fall prevention. lea*once a year. '$,mac+ Mature adults are the highest risk group for fire fatalities in Clarington. Clarington fire surveys in 2006 M found that fifty percent of seniors tested smoke alarms monthly and 63% were satisfied with their knowledge of fire safety. Only 50% had a home escape plan. Fire Extinguisher Trainer The department purchased a fire extinguisher trainer in 2006. This device provides a safe, clean and environmentally friendly method of teaching Clarington residents how to use a fire extinguisher 911 Qa rA.w • • ns / Suppressio In 2006 Dispatchers received 6115 administrative and emergency telephone calls. Suppression crews were dispatched to 3330 calls. Communications staff are responsible for dispatching after hour's staff for the Operations Department and Animal Services. Five (5) fulltime personnel joined the ranks of the Department in 2006. With the addition of one (1) probationary firefighter, four (4) dispatchers and ten (10) citizens joining the volunteer firefighter ranks the Department's suppression staffing complement is forty (40) affiliated, and 125 volunteer firefighters, all serving the citizens of Clarington. Improvements to our response equipment included: • Upgrades to the Computer Aided Dispatch system • Replacement of the Zodiac boat and trailer for water/Ice rescue • Improvements to SCBA • SCAT response vehicle • Water/ice rescue Fortuna device Structure Fire -Courtice r Multi Vehicle Accident Closing Hwy 401 — Newcastle 111 Ul • ll 91 8 et�ro.wv v _ Communications I Suppression Response Statistics by Call Type Call Type Response Type Class Type Property Class 2006 Fire call Property fires/ _ Property Property!Outdoor Storage 3 low reported explosions Structure 44 Vehicle 43 fire call, no Property fires! Property Property!Outdoor Storage 29 roes reported explosions Structure 31 Vehicle 6 Property fires/explosions 156 total Non fire False fire calls Alarm Equipment-Accidental 104 call Alarm Equipment-Malfunction 172 Human-Accidental 33 Human-Malicious 20 Human-Perceived Emergency 100 Other False Fire Call 24 False fire calls total 453 Non fire Medical/resuscitator call Alcohol Related 16 call Asphyxia,Respiratory Condition 709 Convulsions 7 Cuts,Abrasions 33 Dead on Arrival 26 Drug Related 20 Electric Shock 1 Epileptic, Diabetic Seizure 72 Fracture 7 Heart Attack,CPR 113 Medical Aid Not Required on 159 Arrival Other MedicaltResuscitator Call 262 Person Fainted,Nausea 31 Stroke 4 Traumatic Shock 4 Medical/resuscitator call total 1484 9 L/1UL■ 111 91 frd4g rlw Wad Communications I Suppression Response Statistics by Call Type Non fire Other Response Assistance not required by other P9 call agency Assistance to Other Agency 9 Assistance to Other Fire 7 Department Assistance to Police 151 Call cancelled on route 43 Incident not found 38 Other Public Service - 9 Other Response 26 Authorized controlled burning 16 complaint Other Response total 328 Non fire Pre fire conditions Overheat 20 cell Overpressure Rupture-No Fire Pot on stove 8 Unauthorized Controlled Burning 126 Pre fire conditions total 154 Non fire Public Hazard CO reporting - 227 call Gas Leak-Miscellaneous 6 Gas Leak-Natural Gas 79 Gas Leak-Propane 2 Gas Leak-Refrigeration 1 Other Public Hazard 45 Power Lines Dawn,Arcing - 27 Ruptured Water,Steam Pipe 1 Spill-Gasoline or Fuel 17 Spill-Miscellaneous 9 Public Hazard total 354 Non fire Rescue Commercial/Industrial Accident 1 call Other Rescue 12 Persons Trapped in Elevator 4 Vehicle Accident 367 Vehicle Extrication 15 Water Ice Rescue 1 Water Rescue i Rescue total 401 Total Number of Responses 3330 Total Number of Unit Responses 5234 91 10 CILlWII Communications i Suppression Response Statistics by Month Total Calls Summary of Injuries Summary of Fatalities Summary of Est.Loss January Fire&non fire calls 243 0 0 $128,000. February Fire&non fire calls 245 1 1 $42,550. March Fire&non fire calls 270 0 - 0 $340,030. April Fire&non fire calls 288 1 0 $86.500. May Fire&non fire calls 250 0 0 $222,450. June Fire&non fire calls 287 0 0 $6,200. July Fire&non fire calls 302 0 0 $20,800. August Fire&non fire calls 331 0 0 $415,400. September Fire&non fire calls 264 0 0 $297,200. October Fire&non fire calls 283 0 0 $189,000. November Fire&non fire calls 248 0 0 $58,000. December Fire&non fire calls 319 0 0 $236,901. Response Statistics by Station Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec STATION 1 122 109 126 138 119 143 156 155 116 149 122 153 STATION 2 25 38 22 49 33 34 37 53 36 31 27 41 STATION 3 20 29 18 10 21 24 15 19 17 21 15 22 STATION 4 71 61 89 76 69 73 78 85 81 74 68 90 STATION 5 5 8 15 15 8 13 16 19 14 8 16 13 91 11 Leadlwe Ne w.'V Communications I Suppression Property Class Group — Number of Fires Listed below is a summary of fires by property class group that occurred in the Municipality of Clarington during the past year. Property Class Group Number of Estimated incidents toss Group A-Assembly Occupancies restaurants, banquet halls, taverns, arenas 7 $6,050 Group B, Institutional Occupancies schools, nursing homes, hospital) 0 $0 Group C— Residential (single family dwelling, apartments, townhouses 30 $1,254,100 Group D - Business and Personal Services Occupancies barber shop, business office, bank 0 $0 Group E— Mercantile 5 retail shopping outlets $1,830 Group F - Industrial Occupancies (manufacturing occupancies, warehouse, 5 $1000 Miscellaneous Structures/Property (Not Classified by O.B.C.) sheds, sales trailers, open land 64 $80,800 Vehicles 1 49 $699,251 Major Fire Loss Summary Listed below is a summary of the major fires that occurred in the Municipality of Clarington during the past year. Major fires are classified as those incidents where fire damage exceeds $50,000. Alarm Date Time Property Class. Estimated Loss Janua 13 13:3615 Detached Dwelling $100,000 March 11 03:46:40 Private or Business Watercraft $300,000 Ma 20 04:42:57 Detached Dwelling $150,000 August 6 03:51:27 Attached Dwelling with Business $300,000 Se tember 8 23:58:46 Detached Dwelling $250,000 October 25 01:12:50 Detached Dwelling $175,000 December 5 15:48:15 Detached Dwelling $150,000 December 22 12:39:40 Large Truck (Excluding Truck Trailer $60,000 91 (IRGWi��rh�W!�� qV • • ns / Suppression Property Class Group Chart by Number Of Fires WNE E 50 30x � h r 20 4e # OR 0 0] V O LU LL M. tll a a a o o, o. 'o e o e o > o m 0 0 o Q o °► w m m v r Response Statistics Chart by Call Type 1600 „ 1200 v 1000 a s00 600 400 200 0 Properly False Fire Medical Other Pre-Fire Public 4 Rescue Fires Calls Calls Response Conditions Hazards Calls qff e � �f ><,..,4 91 Communications Suppression Response Statistics Chart by Month 350 300 250 5. 200 150 100 50 0 L T Ef Z. r 1 2 E a E «o E E C L m v i v 0 < m 0 o m U. H 2 D Response Statistics Chart by Station 166 160 140 120 c"�^y�r, y� x�•k� ',L .'P`��� yr�a r "�z - .rt. v �^r: ryw � ��-, y '^" x 160 rz, �.�* 5.a _ '{ ;•: s+ z- e i sr 66 4 T 40 Y- 26 0 L T ya L L m V M CL IM A L '1. Q ' ' Q £ V 0 O O m W 2 G ■Station 1 ■Station 2 ■Station 3 ■Station 4 D Station 5 C�[II /1l�ll 14 t.mwa re,w.� 91 Communications I Suppression Response Statistics Chart by Unit 2soo 2250 . 5 y9: 2000 1750 1500 1250 -<¢ F- E 1000V� �i ��G"4 r•'S � '>Ye A.tSV,X..,y�` �`'"Af# .9Y "t ...q��v 750 S 500 5v a^ r t rs 250 ` " 0 r r N M v 1ff r N 07 V N r r r M a a E a o. a c c c c c 'N' E E E 5 m R a a a' o' a a a F QUM-OWNWR 91 Training • Professional Development The success of the service is in the training and professional development of our staff. Volunteer firefighters train monthly. Station facilitators, third party facilitators and the Training Officer delivered a minimum of 111 hours of training to volunteer firefighters. Fulltime staff train while in-service. Company Officers, third party facilitators and the Training Officer delivered a minimum of 271 hours of training to fulltime staff. Scheduled Monthly Training Chart by Hours 35 i S 10 AC5° nr. 5 ll e E 2 io < ' E o E c a < • w > a a z o ■Full•Time ■Volunteer In 2006, twenty eight (28) members attended the Ontario Fire College in the following programs; Company Officer Diploma Program; Company Officer Update; Fire Prevention Officer Diploma Program; Water/Ice Rescue; and Professional Development Seminars. Members also participated in; Firefighter Survival and RIT training through the Niagara Regional Training Officers Association; Incident Command Training at Wesleyville; How to Read and Combat High Rise Fires; Auto Extrication through Ontario Fire Chiefs / Training Officers Conference; and Live Fire Training including Flashover recognition training at the Oshawa Bunker. The Department was also active in hosting the following courses; Fire Cause Determination Course; and Hydrocarbon Identification / Suppression / Carbon Monoxide Course. Due to building depreciation the Oshawa Fire Services training smoke house was closed in 2006. (AM., ' n 92 Service Medals Fire Services Exemplary Service Medal The Fire Services Exemplary Service Medal, created on August 29, 1985, honours members of a recognized Canadian fire service who have completed 20 years of service, ten years of which have been served in the performance of duties involving potential risks, and were employed on or after the date of creation of the Medal. Exemplary service is characterized by good conduct, industry and efficiency. a In 2006 Donald Wright, Station 2 volunteer fire fighter received the Fire !: Services Exemplary Service Medal. Ontario Fire Services Long Service Medal First awarded in 1971, The Ontario Fire Services Long Service Medal is an expression of appreciation and recognition of uniformed staff for 25 years of dedication and hard work within the Ontario fire service. At 30 years of service and every 5 years thereafter, a service bar may be requested and added to the medal's ribbon. Spouses of medal recipients receive a companion brooch. In 2006 the following received Ontario Fire Services Long Service Medal and or Bars: • Norman Tillson, Station 3 r volunteer captain, 25 s years service. • David Forrester, Station 3 volunteer District Chief, 30 years service. • Alfred Alldread, Station 2 volunteer District Chief, 40 years service. The dedication and commitment these firefighters have given to our communities is truly appreciated by Clarington Emergency & Fire Service management, staff, as well all Clarington residents. QUARM 92 id Recent Retirements Graydon Brown, fulltime firefighter retired after 34 years of service to the community. Hired in 1971 by Fire Chief Jim Hayman as the Town of Bowmanville's first fulltime firefighter, Graydon rose through the ranks to become a Captain. Graydon continues to volunteer as a Captain at Station,3, Orono. Thank you Graydon for your dedication to the service and your community. Pat Drumm, volunteer firefighter retired after 27 years of service to community. Pat began his long career with the opening of Courtice Fire Station 4 in 1979, rising through the ranks to become District Chief. Thank you Pat for your dedication to the service and wish you good health and happiness. �8 �daL. V WR 9 2 Clarington Leading the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 10, 2007 Report#: ESD-006-07 File # 10.12.6 By-law# Subject: PURCHASE OF A PRE-BUILT PUMPER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-006 -07 is received; 2. THAT the requirement for tendering in accordance with By-Law 2006-127 be waived for this transaction; 3. THAT Staff is authorized to issue a Purchase Order for the purpose of purchasing a pre-built conventional Pumper, not to exceed $400,000 including taxes; and 4. THAT this amount be drawn from the 2007 Emergency Services Capital Budget Account No. 110-28-388-82812-7401. Submitted by: Reviewed b�...�" Gordon Weir, AMCT, CMM111 Franklin Wu, DirecJa of/E rggency & e Se viii es Chief Administrative Officer Fr d Horvath, B.A., R.D.M.R., R.R.F.A. Director of Operations GW:sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMAWILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-65123 REPORT NO. ESD-006-07 PAGE 2 1. BACKGROUND 1.1 During the 2007 Budget process Council approved the purchase of anew Pumper to replace Pumper 11. 1.2 Pumper 11 was purchased in 1986, is 21 years old, tired and worn out. This vehicle was scheduled to be replaced in 2001, in accordance with the Emergency Services Vehicle Replacement Schedule and Report WD-31-93. Due to budget constraints it had been deferred. 1.3 In late 2003 it was sent for a major tune up and partial refurbish. Again the replacement date was extended. 1.4 This Pumper is in need of replacement almost immediately. Parts are difficult to find for repairs, its mechanical condition is poor and the Fleet Supervisor strongly recommends immediate replacement. Last year, Fleet Services, while conducting the annual safety noted concerns with the frame and some spreading rust. As well it was noted that both the engine and transmission are showing signs of extreme wear. 1.5 Pumper 11 is the main Pumper for the volunteers at Station 1. It also acts as the primary back up Pumper when Pumper 1 is in for weekly service or out of service for repairs. This vehicle is also the back up Pumper for Stations 2, 3, & 5 when their Pumper is in for service. As the Municipality continues to grow, the dependence on Pumper 11 has grown as well. 2. REPORT 2.1 We are recommending consideration to purchase a pre built Pumper, which are displayed and sometimes available for sale at one of the spring Fire Displays in April and May. These vehicles are often obtained with some cost savings. 2.2 Should a basic, conventional pre built Pumper not be located, the regular process of tender and/or R.F.P. will be followed. The major concern with this process is that it can take'as long as 12 — 14 months for delivery. 2.3 The Director of Finance as well as the Chief Administrative Officer has reviewed this submission. 2.4 Queries with respect to department needs, specifications, etc. should be directed to the Director of Emergency and Fire Services. 924 Clarington Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 10, 2007 Report#: COD-011-07 File # By-law# Subject: CL2007-1, Electrical Services, Street and Park Lighting Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1' THAT Report COD-11-07 be received; 2. THAT Langley Utilities Contracting Ltd., Bowmanville, Ontario, with a total bid price of $81,189.00 per year for Part "A" and $22,878.50 per year for Part "B", being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-1, be awarded the contract to provide Electrical Services for Street and Park Lighting, as required by the Municipality of Clarington for a one year term commencing approximately March 31, 2007 through to March 30, 2008; 3. THAT the contract be extended for a second year and third year, pending satisfactory performance and the outcome of the pending legislation change; and 4. THAT the funds expended be drawn from the respective years Street and Park Lighting Accounts. Submitted by,. Reviewed by: 6i �'�` M rie Marano, H.B.Sc., C.M.O. Franklin Wu, Q Director of Cor orate Services Chief Administrative Officer 4 racy orvath, RDMR, RRFA, Dinlcto of Operations ncy Tay r, .B.�., C.A., Director of Finance MMINTTHU AMI-MVm 1201 REPORT NO.: COD-011-07 PAGE 2 BACKGROUND AND COMMENT: Tenders were publicly advertised and issued to provide Electrical Services for Street and Park Lighting as required by the Municipality of Clarington for approximately March 2007 to March 2010. Subsequently, tenders were received and tabulated as per Schedule "A"attached. Although the low bid was received from Veridian Connections, they are not currently in a position to provide the services as required by the Municipality. The Ontario Energy Board has advised that the Ministry of Energy is in the process of preparing a regulation for consideration by the Cabinet, to allow all licensed electricity distributors to provide these services. It may therefore be in the Municipality's best interest to consider re-tendering at the end of the first year of the contract to open the opportunity for wider bid submissions. As this contract is initially for a one year term, with the option to extend for a second and third year, Staff will revisit prior to each extension to investigate this option. For the information of Council, the Municipality of Clarington spent approximately $150,000.00 for Electrical Services on Street and Park Lighting (parts and labour) during the 2006 year. Currently, the Municipality is maintaining approximately 4900 street lights. In most cases the hourly rates bid represent an average 63 % decrease to a 53% increase over the 2003 contract prices. The required funds will be drawn from the respective years Street Lighting accounts. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. After further review and analysis of the Bids by Purchasing and Operations, it is respectfully recommended that Langley Utilities Contracting Ltd., Bowmanville, Ontario, be awarded the contract to provide Electrical Services for Street and Park Lighting to the Municipality of Clarington as required,with pricing to remain firm for a one year term. Pending satisfactory performance and the outcome of the pending legislation change, the contract may be extended for a second and third year with a maximum price increase per year of 2%. The subject firm has worked satisfactorily for the Municipality of Clarington in prior years. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3 2 Clarboon Leading he Way Y Municipality of Clarington SCHEDULE "A" BID SUMMARY Tender CL2007-1 ELECTRICAL SERVICES — PARK & STREET LIGHTING MAINTENANCE �BIDDER; LABOUR RATES MATERIALGOSTS-, PART=A PART'B,, = TOTAL BID PER YEAR TOTAL BID PER YEAR EXCLUDING GST` EXCLUDING GS Veridian Connections $69,371.90 $19,817.99 A'ax, ON Langley Utilities Contracting Ltd. $81,189.00 $22,878.50 Bowmanville, ON Dundas Power Line Ltd. $112,575.00 $22,131.50 Chesterville, ON ALJ Electrical Contracting $145,245.00 $69,606.00 Richmond Hill, ON Totals are based on estimated number of annual hours and estimated useage of lamps H:12007 TENDERS1CL2007-1 Elec Sery- Pk& St Lighting Maint\Bid Summary for Report.DOC 1203 Clarington Leadingihe Way REPORT CORPORATE SERVICES DEPARTMENT Meeting:; General Purpose and Administration Committee Date: April 10, 2007 Resolution #: Report#: COD-012-07 File #: By-law #: Subject: Joint Health and Safety Committee —Terms of Reference for the Structure and 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-012-07 be received; 2. THAT the Terms of Reference (Attachment#1) as endorsed by the C.U.P.E. Local 74 President for Inside and Outside Workers; Clarington Fire Fighters Association Local 3139 President; the Co-Chairs of the Joint Health and Safety Committee and the Chief Administrative Officer on behalf on non-affiliated workers, be endorsed by Council; 3. THAT a copy of the Report with attached Terms of Reference be submitted to the Ministry of Labour for approval. Submitted by: GL Reviewed arie 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 L1C 3A6 T(905)623-3379 F (905)623-5506 1204 REPORT NO.: COD-012-07 PAGE 2 1.0 BACKGROUND 1.1 In April 2006 and September 2006, staff prepared Council Reports outlining the recommended revisions to the existing Terms of Reference for the Structure and Function of Multi-Workplace Joint Health and Safety Committee. As outlined in both reports, the revised Terms of References were submitted to the Ministry of Labour for review and approval. 1.2 Since the April and September submissions, the Ministry has now formally responded to the Municipality and provided specific advice and recommendations for revised wording to the Terms of Reference. 2.0 COMMENT 2.1 On November 7, 2006; staff, including the Joint Health and Safety Committee Affiliated Co-Chair, Presidents of C.U.P.E. Local 74 and Clarington Fire Fighters Association I.A.F.F. Local 3139 met with the Ministry of Labour Occupational Health & Safety Inspector as well as the Regional Program Coordinator. The Ministry advised the approval of a Terms of Reference for Structure and Function of Multi-Workplace Joint Health & Safety Committees was a privilege and that there were probably only two-hundred such agreements throughout the province. 2.2 As the functions and criteria of the Terms of Reference are based on the Occupational Health & Safety Act and Regulations; the specific wording of the Municipality's Terms of Reference must reflect the wording used within the Act. Accordingly; a number of changes were required. In both submissions, there were a number of Municipal policies adopted for inclusion with the Terms of Reference. These Municipal policies exceeded the statutory requirements of the Act. As the Ministry can only enforce the Occupational Health & Safety Act and Regulations, it was recommended by the Ministry that any reference to Municipal policy be deleted from the Terms of Reference and maintained as Corporate Policy within the Municipality's Corporate Terms of Reference and Health & Safety Manual. 2.3 Once the Terms of Reference for the Structure and Function of a Multi- Workplace Joint Health & Safety Committee are approved by the Ministry, they in-fact become a Director's Order, and, the Terms of Reference cannot be changed without the approval of the Ministry. As such, opportunities for future changes to the Terms of Reference would be limited. 3.0 CONCLUSION 3.1 Staff has worked with the Occupational Health & Safety Inspector and Regional Program Coordinator to develop the Terms of Reference to be compliant with the Ministry requirements. The Regional Program Coordinator has now advised the document, once endorsed by Council, may be submitted to the Director's Office of the Ministry of Labour for approval and implementation. 1205 Attachment #1 to Report COD-012-07 TERMS OF REFERENCE FOR THE STRUCTURE& FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH&SAFETY COMMITTEE As Agreed Between THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES - LOCAL 74 AND CLARINGTON FIRE FIGHTERS ASSOCIATION - LOCAL 3139 IAFF AND THE NON AFFILIATED MEMBERS OF THE CORPORATION Terms of Reference Joint Health &Safety Committee-Revised @ April 10, 2006 Revised @: May 5, 2006 [CAO approved changes: A.5.0, 13.1.2, B.1.3, B.5.2, C.1.21 CAO Amendments May 5,2006 MOL Amendments-September 7, 2006-Attachment to Report COD=049-06 Revised November 7, 2006 (MOL) Rev. 2.1 Revised February 28, 2007 (MOL) Rev 2.4 Revised April 10, 2007 (MOL) Rev 2.5 MOL Amendments-Apri110, 2007- Attachment to COD-012-07 1 1206 THIS TERMS OF REFERENCE IS SET OUT IN THE FOLLOWING FORMAT: A. GENERAL TERMS B. JOINT HEALTH L SAFETY COMMITTEE STRUCTURE C. JOINT HEALTH L SAFETY COMMITTEE FUNCTIONS D. JOINT,HEALTH L SAFETY COMMITTEE MEETINGS 1 A. GENERAL TERMS A.1.0 Aareement 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 Aareement-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.1.4 Affiliated Workers For the purposes of the Terms of Reference, Affiliated Workers are represented by the Canadian Union of Public Employees, Local 74 (Full Time Inside and Outside Workers); and, the International Association of Fire Fighters, Local 3139 (Full Time Fire Fighters and Fire Prevention.) A.1.5 Non-Affiliated Workers Non Affiliated Workers are all full-time management workers, part-time workers (including seasonal and casual) and volunteer fire fighters. 2 1207 A.2.0 Process to Address Concerns 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 immediate investigation. A.3.0 Review and Chances to Terms of Reference A.3.1 JHSC Annual Review The Joint Health &Safety Committee shall review this document, at least annually at a regular meeting;and, may recommend revisions to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation. A.3.2 Substantial Chanae Reported to Council If a change is considered, the proposed change will be brought to the Local Union and Association for concurrence and to Council for endorsement. The amended Terms of Reference will be forwarded to the Ministry of Labour for approval. Changes to the Terms of Reference must be approved by the Ministry of Labour and changes will not come into effect until written approval has been received from the Ministry of Labour. A.3.3 Postina of Chanae to Terms of Reference Approved changes made to the Terms of Reference, will be posted in all workplaces noting the change and the revision date. 3 1208 B. JOINT HEALTH & SAFETY CONINIMEE STRUCTURE B.1.0 JHSC Membership & Selection Bl.l Reorientation The Joint Health &Safety Committee will be comprised of 50%workers and 50% management 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 cr select representatives if there are insufficient volunteers to sit as a JHSC member. B1.3 Selection-Management Representatives The Chief Administrative Officer will offer the opportunity to the Management 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 Management representatives if there are insufficient volunteers to sit as a JHSC member. B1.4 Number of Members A minimum of 4 members will be required on the Joint Health &Safety Committee. It is recommended for broad representation, that the JHSC will be composed of 1 member from the Municipal Administration Centre, 1 member from Community Services Department (facilities), 1 member from Emergency and Fire Services Department, and, 1 member from the Operations Department, as well as alternates. There will be no maximum restriction for members or alternates. 4 1209 B.1.5 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 Postina of Names Names,work locations, and telephone extension numbers of Joint Health &Safety Committee members will be posted on the Health &Safety bulleting boards. Staff assigned to field locations will access JH&SC Boards within their Department or reporting location to which they are assigned. 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 Departmental Trainina 8.3.1 Departmental Health &Safety Training, and training related to safe use of equipment will be the responsibility of the Department. B.3.2 Departments will submit their training program annually to the JHSC. Department training program specifics may be reviewed by the JHSC upon request by the Department involved. 13.5.0 Trainina of JHSC Members B.5.1 Roles & Responsibilities-Trainina 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. 5 1210 B.5.2 Certification of JHSC Members 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 mode 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. C. 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 including dangers or hazards pertaining to health and safety of the worker in the workplace;to the employer through the Chief Administrative Officer or designate. (b) Recommendations and Monitorina:to make recommendations to the employer and workers for the improvement of Health and Safety of all workers; and,to establish and maintain monitoring of programs and procedures respecting the Health and Safety of all workers. (c) Obtain Information- Hazards:to obtain from the employer, information regarding the identification of any potential or existing hazards in the workplace; and, to obtain experience and work practices and information related to hazards (d) Obtain Information-Testina: to obtain information from the employer regarding the conducting and/or testing of any equipment, machinery or similar in the workplace for the purposes of Health and Safety; and, to be consulted about, and to have a designated member representing workers be present at the beginning of all testing for the purposes of ensuring valid testing procedures are used and testing is valid. (e) Education &Training: to encourage 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. (t) Reaulations: 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. 6 1211 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. 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 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. C.1.3 Right to Refuse Unsafe Work A worker may refuse to work or do particular work where he or she has reason to believe that; a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger the worker or another worker; or, b) the physical condition of the workplace or part thereof in which the worker is likely to endanger himself; or, C) any equipment, machine,device or thing the worker is to use or operate or the physical condition of the workplace or the part of the workplace in which the worker works, is in contravention of the Act or regulations and such contravention is likely to endanger the worker or another worker. In such an event, the worker will report the refusal to work to the appropriate supervisor who will immediately investigate the report in the presence of the refusing worker and one or more of the following: • JH&SC member representing the worker • Health and Safety Representative (Corporate Safety and Project Manager) • A worker who has knowledge, training and experience selected by the appropriate union or association. • Following the investigation, in the event the worker has reasonable grounds to believe the unsafe condition is unresolved or still exists continuing to endanger the worker or another worker, the employer will contact a Ministry Inspector to investigate. • The worker will remain in a safe place within the vicinity of the workstation during the investigation(s). 7 1212 • Both the worker and the supervisor will adhere to the regulations of the Occupational Health and Safety.Act; Section 43. C.2.0 Workplace Inspections C.2.1 Inspection Schedule The W' Orker Representative shall develop an inspection schedule and designate worker members to complete physical inspections of the workplace. 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. Workers shall designate workers inspectors who are trained 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 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 Management (Department Head or designate). If possible, identified concerns will be corrected during the inspection. Dangerous or Hazardous concerns will be immediately identified to the responsible supervisor for correction within a reasonable period. Recommendations will be addressed by the employer within twenty- one (21) days of posting the Inspection Record/Form. 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. 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 8 1213 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.3.0 Accident Investlaations C.3.1 Defin4ions 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. 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. Critical Iniury- Definition: An Injury of a serious nature that: a) Places life in jeopardy; b) Produces unconsciousness; C) Results in substantial loss of blood; d) Involves the fracture of a leg, or arm, but not a finger or toe; e) Involves the amputation of a leg, arm, hand or foot, but not a finger or toe; f) Consists of burns to a major portion of the body; or, g) Causes the loss of sight in an eye. C.3.2 Criticallniuries Critical Injuries will be immediately reported to • The Health and Safety Representative (Corporate Safety & Project Manager) • Management (Department Head or Designate) • Human Resources • JH&SC Co-Chairs The Department Head will contact the Ministry of Labour. Except for the purpose of saving life or relieving human suffering; maintaining an essential public utility service; or public transportation system; or preventing unnecessary damage to 9 1214 equipment or other property, the scene of a Critical Injury will not be disturbed for the purposes of investigation until permission to do so has been given by the Ministry of Labour. C.3.3 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 may assist in investigation of fire incidents/accidents if investigation is required. C.3.4 Reoortina 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.3.5 Re�ortina 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 within 24 hours of the accident. C.4.0 Review of Training Schedule S Objectives C.4.1 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.5.0 Review of Injury Statistics C.5.1 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. 10 1215 C.6.0 New Equipment- Review C.6.1 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 and/or staff 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. D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS D.1.0 Schedule of Meetinas The Co-Chairs will jointly create a schedule of meetings to be held during the year; at a minimum of once every three months. 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 Votin Voting by JH&SC Members will be limited to equal numbers of either worker or management members present. D.4.0 Aaendo L Items Considered D.4.1 A en a The Co-chairperson will jointly prepare an agenda and forward a copy of the agenda to all Joint Health &Safety Committee members if possible at least one (1) week in advance of the meeting. 11 1216 D.4.2 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.4.3 .Resource Speakers 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.4.4 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. 0.4.5 Unresolved / Outstandina Items from Agenda or Meetina 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.4.6 Posting 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.5.0 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. 12 1217 D.6.0 Entitlement of Members D.6.1 Compensation 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' apprdpriate 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.6.2 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. Appendix Attachments Appendix A-Workplace Sites with estimated number of employees effective signing date. Appendix B-Workplace Locations for School Crossing Guards effective signing date. Both Appendices are provided for the purposes of providing required information and are subject to change at the direction and approval of Municipal Council. These Terms of Reference are endorsed by signatures: signed at Clarington Ont., this�day`of P06L2007 FOR THE EMPLOYER FOR THE WORKERS (Non-affiliated) QQ• �- e:z5- ,i A7�Yy Frankli Wu, CAO President, CUPE Local 74 Co-Chair- Management Presid nt, Claringtors Association, Local 3139 Co-Ch ' - Workers 13 1218 Appendix A-Workplace Sites Location Address Employees Dep artment Function Animal Services 33 Lake Road, 6 Clerks Department Animal Control and Bowmanville Pound Bowmanville Indoor 2375 Baseline Road 8 Community Services Recreation Facility Soccer Bowmanville Department Indoor Soccer Bowmanville 1330 Haines Street 2 Operations Cemetery Operations Cemetery Bowmanville Department 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 Complex Hampton Dept. Seasonal Indoor Arena Fire Station 1 (HQ) 2430 King Street West 38 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 Trulls 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 Department 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 Centre Orono Department O erations Orono Park Outdoor 61 Princess Street 12 Community Services Outdoor Aquatics Pool Orono Dept. Seasonal South Courtice 1595 Prestonvale Road 40 Community Services Indoor Arenas and Arena Courtice Department Community Halls Tourist Information 181 Liberty Street South 3 Corporate Services Tourist Information and Centre Bowmanville Department Rece Lion Yard 42 2178 Regional Road 42 6 Operations Roads and Parks Bowmanville Department Operations . Part time Staff Various Locations 79 Community Services Program Staff Crossing Guards Various Locations 36 Planning Department School Crossings See APPENDIX 8 14 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 623-5437 Corner of Liberty Street (14) and Jane Street, B'ville Ontario Street Public School 623-5437 Comer of Queen Street at Division Street, B'ville Bowmanville Senior Public 6233323 Corner of Meams Avenue at Appleblossom Blvd., B'ville John M. James Public School 697-7817 fax: 623-7341 Corner of Mearns Avenue at Soper Creek Dr., B'ville Vincent Massey Public 623-5502 Corner of Longworth Avenue at Brooking Street, B'ville Harold Longworth Public School 623-3682 Corner of King Street at Simpson Avenue, B'ville Vincent Massey Public School 623-5502 Liberty Street (14) at Church Street, B'ville Vincent Massey Public School 623-5502 Liberty Street (14) at Longworth Avenue, B'ville St. Elizabeth Separate School 697-9155 Scugog Street at Jackman Road, B'ville St. Elizabeth Sep. Schools Lord Elgin Public (697-9155 Longworth Avenue at Clayton Crescent, B'ville St. Elizabeth Sep. School 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 623-4323 Rhonda Blvd. at Rossalynne Street, B'ville Waverly Public School 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, 623-3841 Durham Highway 2 at Newtonville Road 18, Newtonville Newtonville Public School (786-2550 Mill Street (17) at Robert Street, Newcastle Newcastle Public School 987-4262 King Avenue East at Harmer Walkway, Newcastle Newcastle Public School 987-4262 Edward Street at Glass Crt., Newcastle Newcastle Public School 987-4262 Edward Street south of Rudell Road, Newcastle St. Francis of Assissi Separate Public School 15 1220 987-4797 Prestonvale Road at Claret Road, Courtice Dr. Emily Stowe Public 433-8747 Robert Adams Drive at Whittaker walkway, Courtice Dr. Emily Stowe Public 433-8747 Meadowglade Road at Robert Adams Drive, Courtice Dr. G.J. MacGillivray Public (436-2064)(R VI FLASHING SIGN Nash Road west of Cherryblossom, Courtice S.T. Worden Public School 436-0715 Glenabbey Drive (in front of Mother Teresa Sep. Mother Teresa Separate School), (between Robert Adams Dr. and Auburn Lane), (433-5512) Courtice Nash Road (between Richfield Sq. and Fourth Street), Courtice North Public Courtice 436-2055 Nash Road at Trulls Road, Courtice Courtice North Public School 436-2055 Courtice Road (34) at Moyse Drive, Courtice Courtice North Public School 436-2055 Avondale Drive at Brownstone Crescent, Courtice Lydia Trull Public School 438-9648 Trulls Road south of Sandringham Drive, Courtice Lydia Trull Public School 438-9648 Trulls Road at Avondale DriveNorkville Ave., Courtice Good Shepherd Sep. School 404-9868 16 1221 C1ari���W/�/n Leading tke Way t/ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 10t", 2007 Report#: COD-013-07 File # By-law# Subject: Tender CL2006-53, Green Road and Baseline Road Reconstruction, Bowmanville Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-013-07 be received; 2. THAT Dave Boyle Excavating Limited, Bowmanville, Ontario with a total bid in the amount of$2,112,018.10 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-53, be awarded the contract for the Green Road and Baseline Road Reconstruction, Bowmanville, as required by the Engineering Department; 3. THAT the total funds required in the amount of$2,836,000.00 ($2,112,018.10 tender plus land purchase, consulting, contingencies, utilities and less Region of Durham portion) be provided from the 2006 Engineering Services capital budget Account # 110-32-330-83276-7401; 4. THAT the remaining funds from 2005 ($57,554.06) and 2006 ($204,400.00) be carried forward to the 2007 Budget year; 5. That the award be subject to the approval of the Region of Durham for their portion of the contract works; and 6. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 1222 REPORT NO.: COD-013-07 PAGE 2 USubmitted by: , Reviewed by: 'L rie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer A.S. Cannella, C.E.T. Director of Engineering Services O /�/i/ 0 NancyTaylo , .B. C.A., Director of Finance MM\LAB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 .1223 REPORT NO.: COD-013-07 PAGE 3 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Green Road and Baseline Road Reconstruction, Bowmanville, as required by the Engineering Department, and as shown on the map below. ain �E S �a` a9 so° a Ge� m t3 er .0 v 3 m Baseline Rd -- BO 9 MANULLE Subsequently, tenders were advertised and received as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as 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 Engineering Services capital Budget account# 110-32-330-83276-7401 and is within the total 2006 budget allocation of $3,040,400.00. It is therefore recommended that the remaining funds from 2005 ($57,554.06) and 2006 ($204,400.00) be carried forward to the 2007 Budget year for phase 2 and 3. Additional monies have been provided in the 2007 Engineering Capital Budget for other phases of the work which have not yet been tendered out for. 1224 REPORT NO.: COD-013-07 PAGE 4 The tender amount includes work for the Region of Durham for which they will be invoiced accordingly. It is, therefore recommended that the award be subject to the approval of the Region of Durham for their portion of the contract works. The low bidder has previously performed similar 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, Dave Boyle Excavating Limited, Bowmanville, Ontario, be recommended for the Reconstruction of Green Road and Baseline Road, Bowmanville, Ontario. Attachments: Attachment 1 — Schedule "A", By-law Attachment 1 —Schedule "B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1225 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dave Boyle Excavating Limited, Bowmanville, Ontario, to enter into agreement for the Green Road and Baseline Road Reconstruction, 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 with the Corporation Seal, a contract between, Dave Boyle Excavating Limited, 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 2007. By-law read a third time and finally passed this day of 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1226 SCHEDULE "B" Cl�1i1�t0�1 Leading[he Way 2nd REVISION MEMO TO: Louann Birkett, Purchasing Manager FROM: Bruno Bianco, P. Eng., Design Engineer DATE: April 3, 2007 SUBJECT: GREEN ROAD AND BASELINE ROAD RECONSTRUCTION —PHASEI PART LOT 16 & 17, CONCESSION B.F., BOWMANVILLE CRC.BASELINERD.GREENRD.1 5800-8310-05120 The Engineering Services Department has reviewed the recommendation provided by TS' I and offers We concur with the recommendation to award the contract of Phase 1-Green Road and Baseline Road reconstruction project to Dave Boyle Excavating Limited in the amount of $2,112,018.10 exclusive of G.S.T. This road reconstruction contract includes Municipal and Regional infrastructures along Baseline Road west of Green Road to West Side Drive. Due to current knowledge of the site, a contingency amount of 10% is carried forward for the project. There fore, including design and tender fees as well as contrail administration fees, geotechnical investigation and utility relocations, and land acquisition, the engineering department advises the following Municipal breakdown for the above referenced project; Baseline Road Reconstruction Account 110 32 330 83276 7401 Total Project Amount $2,836,000.00 Total Budget Amount Available $8,097,954.06 2005 Budget Remaining $57,554.06 2006 Budget $3,040,400.00 2007 Budget $5,000,000.00 Estimated Bud et Surplus*** 1 $5,261,954.06 NOTE—Total Surplus to be carried forward to Phase 2 and 3 of the project. Phase 2—Green Road construction Phase 3—Green Road underpass and approaches 1227 Baseline Road &Green Road Reconstruc*.ion SCHEDULE apn Cl-'-K06-53 CRC.BaselineRd.GreenRd.1 April 3. 2007 We recommend the report to Council move forward based on the above apportionments drawn from the approved 2006 budget. However, the award of this contract shall be conditional on similar approval from the Region of Durham for Regional infrastructure. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, B no M. lanco, . Eng. Resign Engineer -- BMB/dv Attachment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 1228 TIM SCHEDULE "B" ■ Totten Sims Hubicki Associates engineers 513 Division Street, architects Cobourg,Ontario,Canada K9A-5G6 t a n n e r s (905)372-2121 Fax:(905)372-3621 F E-mail:cobourg@atsh.ca v .tsh.ca March,1 P, 2007 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: Contract No. CL2006-53,Green Road and Sase}Ine°RrtiaB Recanstraction;" Bowmanville,Municipality of Clarington TSH Project No. 12-29523 Tenders for the above project were opened at the Municipal offices on Monday March 5,2007 at 2:15:00 PM. The bids received excluding GST are summarized as follows: BIDDER TOTAL BID Dave Boyle Excavating Limited,Bowmanville,Ont. $2,112,018.10 Ron Robinson Ltd.,Bowmanville,Ont. $2,189,154.82 * Behan Construction Ltd.,Cobourg,Ont. $2,272,678.33 Bonnechere Excavating Inc.,Renfrew,Ont. $2,299,438.51 Miwel Construction Ltd.,Richmond Hill,Ont. $2,307,996.20 * R.D.Sutcliffe Contracting Inc.,Janetville,Ont. $2,431,957.64 Metric Contracting Services Corporation,Brampton, Ont. $2,501,473.00 Esposito Bros.Construction Ltd.,Nobleton,Ont. $2,523,065.05 Elirpa Construction and Materials Limited, Pickering,Ont. $2,639,698.77 * * Extension Error TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid values noted above. Dave Boyle Excavating Limited has recently completed replacement of the Geo. A. Stephen Bridge, Cedar Park Road Bridge and Concession Road 6 Culvert for the Municipality of Clarington and administered by TSH, under Contract No. CL2006-29. The contract was completed in a satisfactory manner. They have also carried out other projects in the area including work at Ontario Power Generation Darlington and numerous construction projects at Durham College and all references contacted assessed Dave Boyle Excavating Limited's performance to be satisfactory. Estimated project costs based on Dave Boyle Excavating Limited's low bid are shown on the attached Cost Apportionment. The Municipality of Clarington's share of the project is projected to be on budget. The budget amount of$8,240,400.00 also includes other phases of work that have not yet been tendered. 1229 Mr.A. S.Cannella C.E.T. SCHEDULE "B" March 19,2007 2 We recommend that the tender in the amount of$2,112,018.10(exclusive of G.S.T.)be awarded to Dave Boyle Excavating Limited of Bowmanville,Ontario. The award should be conditional on similar approval being received from the Regional Municipality of Durham as a portion of this contract is for the installation of Regional services. Deposit cheques or bid bonds shall,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, PJE . Senior Project Engineer WMc/ym P:\12-29523\C*msp\22084 award ImerAm Encls. PC: Mr. Bruno Bianco,P.Eng.,Municipality of Clarington to Municipality of ClaringtonjRegion of D rham Baseline Road&Green Road Reconstruction Bowmanville Cost Apportionment For Low Bid submitted By Boyle Excavating Limited Contract CL2006-53 March 23,2007 TSH Project#: 12-29523 Description Total Clarington Region of Durham Comments Account Number 110-32-3308327 7401 Construction Costs Contract CL2006-53 Part A Road Works and Storm Sewers $1,965,660.10 $1,965,660.10 Part B Watennain $95,599.00 $95,599.00 Part C General Items $50,759.00 $48,404.851 $2,354.15 Prorated based on low bid Sub-Total Construction $2,112,018.10 $2,014,064.95 $97,953.15 Preliminary Design of Private Entrance Alternatives(TSH#12- 29337 May 15,2005 to March 18,2006) $4,073.72 $4,073.72 Green Road EA Road EA(TSH#12-29523-0002 February 19, 2006 to February 17,2007) $31,977.13 $31,977.13 Preliminary&Detailed Design&Tendering(TSH#12-29523.to February 17,2007) $102,392.14 $100,188.13 $2,204.01 Region design costs invoiced directly to Region under TSH#12-29626 Construction Administration Estimated(TSH#12-29659) $168,900.00 $161,100.00 $7,800.00 Estimated&prorated based on low bid Other Costs Land Purchase $30,000.00 $30,000.00 Estimated Utility Relocation Hydro One $177,000.00 $177,000.00 Bell $50,000.00 $50,000.00 Estimated Rogers Cable $10,000.00 $10,000.00 Sub-Total Other Costs $267,000.00 $267,000.00 Sub-Total Estimated Project Costs $2.686,361.09 $107,957.16 Contingencies $263,638.91 $6,042.114 Total Estimated Project Costs $2,950,000.00 0 5714,000.00 Budget Amount 0 Budget amount m udes other phases o work that have not et been tendered Over/Under Budget Amount 0 All Costs Exclude G.S.T. P 112d951TGmNnAl95D-0 PN.=I,Lw Bid C.1 Ts" Un n M Q C 1- m s 00 Leading the Way V REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: April 10,2007 Resolution #: Report#: COD-014-07 File #: By-law #: Subject: Joint Health and Safety Committee —2006 Summary Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-014-07 be received for information. Attachment#1: W.S.I.B. Letter Attachment#2: Municipal Health & Safety Association of Ontario article Attachment#3: 2007Joint Health & Safety Committee Member list Attachment#4: 2007 Joint Health & Safety Committee Member list — Fire & Emergency Services Submitted by: A ord Weir, Co-Chair Craig Ma le '-Co-Chair Jo & Safet y Committee Joint Health & Safety Committee Reviewed by: rie Marano, H.B.Sc., C.M.O. Franklin Wu Director of Corporate Services Chief Administrative Officer MM/GW/SS/CM/BT/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 1232 REPORT NO.: COD-014-07 PAGE 2 1.0 BACKGROUND 1.1 Report COD-014-07 has been prepared to provide Council with an update of activities undertaken by the Joint Health and Safety Committee during the past year. The Occupational Health and Safety Act requires the Joint Health and Safety Committee provide the employer with an annual update if requested. This report also provides a summary of incidents and accidents that occurred in the workplace during 2006. 2.0 2006 HIGHLIGHTS 2.1 Terms of Reference for the Structure and Function of a Multi-Workplace Joint Health and Safety Committee The Occupational Health and Safety Act requires every worksite with twenty (20) or more employees must have a Joint Health and Safety Committee. One of the exceptions to this regulation is by development of a Multi-Workplace Joint Health and Safety Committee. The establishment of this type of Committee must be approved by a Director of the Ministry of Labour. The Municipality has been working under this structure for numerous years. Over the past year, the Committee has been working to update the Terms of Reference. The advantage of the one committee will allow consistent application of JH&SC information, training and sharing of resources including facility inspections. 2.2 Workwell Audit In July of 2005, the Municipality was informed by the Workplace Safety and Insurance Board that the WSIB was in the process of reviewing the Municipality's safety performance. The frequency of injuries compared to other employers in the same category was elevated. Accordingly, the WSIB advised they were going to audit the Municipality's Health and Safety Program to determine why we were experiencing elevated accident and incident frequencies compared to other municipalities. The audit was mandatory and failure could result in a premium adjustment and fines ranging up to $180,000.00 The Director of Corporate Services and the Human Resources Manager; with the ongoing support of the CAD asked for volunteers from each Department to assist in preparing for the audit. Senior Management from nearly all departments and the Affiliated Co-Chair and Non-Affiliated Co-Chair rose to the challenge. In February, an Interim Health and Safety Officer was appointed to work with the committee and to assemble and coordinate the municipality's health and safety policies. Staff, supervisors, managers and department heads were involved in the process. All staff developed a comprehensive understanding of Health and Safety issues. Approximately thirty (30) policies were approved and introduced to staff. 1233 REPORT NO.: COD-014-07 PAGE 3 As a result of everyone's efforts, the Municipality scored an unprecedented score of 100% on the first audit. This score has never been accomplished by any employer in the province! A copy of the letter is attached. (See attachment#1) In addition, the Municipal Health and Safety Association of Ontario has recognized the Municipality's efforts and printed an article in their quarterly newsletter advising other Municipality's of our success. (See attachment*2). 2.3 First Aid / CPR and Certification and Corporate Training In assessing training requirements, the JH&SC recognized there was a deficiency in the number of staff qualified to perform first aid or CPR in the event of a staff injury. The OH&SA required the first aid stations be within the immediate vicinity of the workers and a qualified worker be in charge of the first aid kit. There were only eight staff members at the MAC who held current certification. The goal of the JH&SC was to certify 50% of the staff by 2007. Since that time, forty-four (44) staff members at the MAC have been certified in both First Aid and CPR; and seventy-six staff members at outside facilities have been certified. Other corporate training undertaken by various staff included: • Workplace Inspections for Supervisors and JH&SC Members • Accident Investigations • WSIB Basic Certification • WSIB Workplace Specific Certification • Early and Safe Return to Work • WHMIS • Slips —Trips and Falls • Ladders • Confined Space Recognition • Fall Arrest • Traffic Control • Hazard Awareness • Fire Extinguishers • Needles and Sharps • Personal Protective Equipment • West Nile • Lock Out Procedures In addition, various departments offered job specific training where required such as: • Spill Containment • Brush Chipper • Chainsaws • Aerial Trucks 1234 REPORT NO.: COD-014-07 PAGE 4 • Aerial Trucks • Ice Water Rescue • Trenching Hazards • Ammonia Leaks • Natural Gas Leaks • Crime Prevention 2.4 2005 NEER Statement Results Throughout the course of the year, the WSIB monitors the number of reported incidents and accidents. Employers are required to advise the WSIB for any injury that only requires medical aid and/or lost time. The cost value of these claims is reported back to the employer monthly in the form of a NEER statement. NEER is referred to as the New Experimental Experience Rating. The individual employer's performance is measured through the WSIB Performance Index utilizing the previous three (3) year injury history and; are used in part to assess the employer's annual premiums. A rating of 1.0 is neutral; above 1.0 requires addition premium surcharges to be paid by the employer; and a rating below 1.0, the employer receives a refund of premiums. These adjustments are in addition to the base rate group premium of$1.70 per $100.00 of earnings. Clarington has been in a refund situation for the past number of years. Refunds for the past 3 years are as listed: Year Performance Index Refund 2006 0.09 $41,681.75 2005 0.27 $20.905.46 2004 0.63 $30,940.37 The NEER program has been recently revised to reduce the number of employers eligible to receive refunds. Based on the 2006 claims history, the Municipality will be eligible fora similar premium refund in 2007. 3.0 EARLY and SAFE RETURN TO WORK PROGRAM 3.1 In order to reduce lost earnings costs to the above noted NEER program, the WSIB encourages all employers to develop an Early and Safe Return to Work program. The purpose of this program is for the employer to work with the injured employee to return to work as soon as possible after experiencing a work- related injury. 3.2 In most cases, employees who experience a work-related injury return to work within 24 hours and do not incur lost wages. However, in more serious injuries, employees may not be able to perform their normal duties. In the past, those employees would have remained off work until they were able to return to full duties. The Early and Safe Return to Work Program allows the employer to offer the employee alternate duties that would be meaningful to the employer, and not cause any further injury to the employee. By doing so, the employee returns to 1235 REPORT NO.: COD-014-07 PAGE 5 work earlier than they normally may; the employee does not collect WSIB payment for lost wages and the employer does not incur increased WSIB premiums. 4.0 ACTIVITES 4.1 The Joint Health and Safety Committee (JH&SC) is co-chaired by municipal staff representing both management and workers within the municipality. The committee represents management workers, Canadian Union of Public Employees Local 74 (both Inside and Outside Workers) as well as the Clarington Fire Fighters Association Local 3139. 4.2 The committee consists of 14 members (7 management and 7 workers) plus 14 alternate members who attend meetings in the absence of a JH&SC Member; and, assist with month facility inspections. (See attachment#1) 4.3 The Emergency and Fire Services also have an in-house JH&SC who meet quarterly to review health and safety issues exclusive to their department. There are four members on this sub committee, two management and two fire fighters. This committee provides updates to the municipal JH&SC at the regular municipal JH&SC meetings. (See attachment #2) 4.4 The municipal JH&SC members meet every month with the exception of July and August. All minutes are retained permanently and current minutes are posted for all staff on the Health and Safety Boards located at every workplace within the Municipality. A typical agenda may include: • Agenda Review • Introduction of Guests • Approval of Previous Minutes • Business Arising • Introduction of Guests/ Department Head Update • Review of Previous Month Workplace Inspections • Accident / Injury Statistics Review • Update from Emergency Services • Update from Corporate Safety and Project Manager • Workplace Inspection Assignments 4.5 The JH&SC members also conduct monthly inspections of municipal workplaces.. On a monthly basis, there are at least fourteen inspections carried out by the JH&SC. The Occupational Health and Safety Act (OH&SA) states that all facilities must be inspected monthly; and where it is not practical to for a complete inspection, at least part of the facility must be inspected. In addition the requirement to inspect municipal work sites, all other municipally owned facilities (Board operated community centres) are inspected at least once per year. Inspection forms are also retained and the current forms posted on the JH&SC Boards for staff information. 1236 REPORT NO.: COD-014-07 PAGE 6 5.0 INCIDENTS AND ACCIDENTS 5.1 As a result of the Work Well Audit, staff has become very aware of the requirement to report all accidents and incidents to the employer. These incidents and accidents are summarized by the type of incident and the resultant actions. The summaries are used by the JH&SC to develop training specifics to reduce future accidents and injuries. In 2006, the following types of accidents were reported. Back Injuries and Lifting Injuries 11 Footwear and Slipping Injuries 16 Burns 4 Eye Injuries 4 Hand and Finger Injuries 11 Elbow and Knee Injuries 3 Miscellaneous and Near Miss Incidents 25 Total 74 Treatment would include First Aid and Near Miss Incidents, Medical Aid or Lost time. First Aid 48 Medical Aid 18 Lost Time 8 Total 74 Comparison to previous year injury statistics is difficult as staff is now reporting Near Miss Incidents which are incidents that occurred that may have caused an injury or damage; but did not. These incidents are reviewed to determine what caused the incident and what steps are required to avoid similar situations in the future that may lead to an injury. 6.0 COMMENTS 6.1 Support for the Health and Safety Program within the Municipality has been endorsed by all staff from the part-time occasional staff member to full time staff, supervisors, managers, department heads, CAO and Council. This support has been demonstrated by both reduced claims costs, reduced lost time costs. Continued support for staff training programs and awareness will continue to reduce injuries and costs within the workplace. 1237 workplace S .& Gord Weir ATTACHMENT 4I Insurance 200 Front sveetwr Joint Health & Safety Committee Toronto Ontario CSWCommissiondeltdecurit6 Msys,i Emergency and Fire Services profe�onnelle et de]'assurance oontre lea acdderds du travail Telephone: T616phone: May 26,2006 RECEIVED 1-80063-6639 MAY 3 1 7006 4163443878 EMERGENCY & FIRE SERVICES Bruce Taylor-Corporate Health and Safety Officer Firm No 222111A Gord Weir,Chief of Fire Department Workwell Committee of: Corporation of the Municipality of Clarington Account No. 1623737 Workwell Health and Safety Audit Final Results Dear Mr.Taylor, Mr.Weir and Workwell Committee, Thank you for spending time with me during the health and safety audit performed on May 24,2006 and May 25, 2006. 1 am pleased to both advise your firm has passed and share my findings with you in the form of this letter and audit report The report is based on time spent in discussions with you and members of your staff, plus observations I made during the inspection of the workplaces. As explained, no points were awarded for programs that are not documented,were incomplete or were in development. The scoring scheme gives either full points(100%)or no points at all (0%).Overall,your firm scored a total of 970 out of a possible 970 or 100%. Congratulations,this score indicates that a formalized health and safety program exists. I compliment you and your staff on the positive actions you have taken to help prevent workplace injuries and illness. Your ongoing challenge is to keep up the good work and build on the steps already taken to implement your health and safety program. To support you in this respect, I will monitor your performance for the next six months and follow up with you to provide any additional guidance you might need. Experience has shown that health and safety pays off, regardless of the size or nature of a business.The time, energy and resources a firm devotes to the development,implementation and improvement of a health.and safety program are much less than the costs associated with accident recovery. 1 hope that this new health and safety initiative results in a consistent decrease in risk, accidents,and loss. I compliment you on your dedication and hours of hard work. Yours sincerely, T G�7 Lissa Belnap Workwell Evaluator,Central East Prevention Services Branch The WSIB sands a copy of employer correspondence about Workwell audits to the Ministry of Labour and the Health 8 Safety Association(HSA). All information is confidential We share if to help reduce workplace injuries and illnesses. The Ministry of Labour reviews documents to spot hazard herds. The HSA may contact empicyors to offer services to improve workplace safety. 1238 TH AlUNIC1�A�.�T A -I mfapa dy of Claringt t recentltr u �tla successful completion of this audit wba ted by compulsorly.#NDrlEplace Safety&Insurar .Mayor Join Mifftttin and Counal arut Chief " WorkwelllroOnre ud ,'A [�vera ' . 5�tlmtmstratfvsflff>eer FrankliiOW6 Also,all preparation,Cianngton Scored an fmprer�d i�N .Department Heads were committed to successfully on all epplicabl elements Bunny the inih`al passing the audit +.�. »MG�efi '. ,yam,., 4,i C. Fot,munu�Pa� B trot fartulf$r t ipf#rroc th y : 1NorkfQ9,wfth1ngrid Ks nins.Area llAanagef frpr the Worktiretl Audit'0+aluates w0rk016da tidalt and Murnclpal Hea4t;arid Safety Associatfatl,the i sit ssf �unaenlr�fve�safety practices ar>d h" Committee developed a protect model t©follow to p-rocedures in aiiQn, ihstiectsth workplat . meet the dime lines Established#or the audit tnteNlews6o P ro kersA_ma 91 anista{, The yporkwe0 Audit has been-a pbsi4ve experience a ,. Failing 3s f to fnit�i l audit leads to a second for Clanngtim Aside from the first workplace m audit .4f the sewn aytllt 1111 Ontario achieve a perFeet score,all 81rrtunfCpaf unsuccessful,WSIB premium surcharge from to 75 staff ffutl lime,part Time and voluntasryavR1x perce rat lup3tt e;: nasurrairft of 5500/100 0bl can be expanded awareness and krto+NleI &'V vi!p kp tact implemented In Clanngtpn%ease the surcharge safety Both the Municipal Hea@F►&Sa , coukf aveen rn the 5z0D,OJx�ranges Associatlbn and 1heNS1l3 w� Qsu-9to the Mmtlrx �aud t f .� .... AWARD TRAINING Michael Muscat, Area Manager of MHSA, was EXCELLENCE appointed to the Order of St.John in the grade of J� j�4 . serving member.This has been sanctioned by the Governor General on behalf of Her Majesty the Queen. Michael has been a Standard First Aid and CPR instructor for 26 years. This picture was taken at Queens Park in the Lieutenant Governor's Office on Saturday,June 3rd, 2006. Congratulations I Mikel e 3 _ Project staff includes: LF Ingrid Keelmins MHSA, 81.Kart Manninen MHSA, BL2 John Parish MHSA, rc Pennyjane Murray, FR Janis Seaman, BR Michael Whitson, Bc Martin Albinger, BR2 Wagish Yajaman The Municipal Health and Safety Association, in partnership with the Industrial Accident Prevention Association, received a "Canadian Award for Training Excellence (External Learning Program)" for the Confined Space Entry Program. The award was granted by the Canadian Society for Training • and Development at their ceremony held on November 7, 2006 at the Metro Toronto Convention Centre. Michael Muscat;Area Manager of MHSA IR 1239 ATTACHMENT#3 C1a rJin n Leading the Way JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2007 (All Phone Numbers - 905-623-3379 unless otherwise noted) NON-AFFILIATED MEMBERS ALTERNATES Ext Ext Gord Weir* - Co-Chair 243 Nancy Taylor 259 Emergency Services— HQ Finance-1" Floor MAC Lori Gordon* 244 Patti Barrie* 254 Finance— 1" Floor—MAC Clerk's—2nd Floor MAC Marie Marano 237 Mark Berney* 243 Corporate Services- 13' Floor—MAC Emer enc Services—HQ Sheila Schweizer* 225 Jennifer Cooke* 407 Corporate Services— 1" Floor MAC Corporate Services— 1" Floor MAC Steve Myers* 435-1061 Phil Broome* 263-2291 Community Services—SCA Operations— Ham ton Andrew Piggott 263-2291 Jenny Bilenduke 205 (Operations— Hampton) En ineerin —3 d Floor MAC George Acorn 405 Dan Welsh 623-3392 Community Services—3`d Floor-MAC Community Services—CFC Gerry Jordan 25g Corporate Services— 1" Floor MAC Affiliated Members Alternates Craig Macklem* - Co-Chair 300 Rob Groen* 414 Clerks De —2nd Floor—MAC Operations— 1" Floor—MAC Paul Neto* 343 Adrian Coolen* 286 Operations— Basement—MAC En ineerin —3`d Floor- MAC Andrew Crossen* 623-3392 Marc Ladouceur 623-5126 Commun4 Services-CFC Emengency Emergency Services Steve Grigg 338 Gary Dusseldorp* 623-5126 Finance— 1" Floor—MAC Emergency Services George Evans 263-2291 Bryan Rogers 623-5126 Operations— Hampton Emerqencv Services Frank Azevedo* 623-5126 Aidan McConkey 623-5126 Emergency Services Emergency Services Sue Arends 263-2291 Operations— Ham ton Secretary Alternate Ellen Atkinson 273 Jenny Bilenduke 205 Finance En ineerin Advisor Corporate Safety & Project Manager Franklin Wu - CAO Bruce Taylor* 224 CAO's Office—2"d Floor- MAC Corporate Services * Certified Members Effective Date: January 3, 2007 I:IHEALTH&SAFEMCommitteeUHSC Members.doc Date Printed:April 2,2007 1240 ATTACHMENT#4 Clarington Leading the way JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2007 (Emergency and Fire Services) NON-AFFILIATED MEMBERS AFFILIATED MEMBERS Ext Ext Gord Weir* - Co-Chair 623-5126 Frank Azevedo* 623-5126 Emergency Services- HQ Emer enc Services Marc Bernie 623-5126 Marc Ladouceur 623-5126 Emergency Services Emer en Services ALTERNATES Bryan Rogers 623-5126 Emenciency Services Aidan McConkey 623-5126 Emergency Services Secretary Corporate Safety & Project Manager Sheila Roman 623-5126 Bruce Taylor* 623-3379 Corporate Services x224 * Certified Members Effective Date: April 2, 2007 ]AHEALTH&SAFETY\CommitteeUHSC Members-Fire.doc Date Printed:April 2,2007 1241 Clar�g�on Leading fhe way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, April 10, 2007 Report#: COD-016-07 File# By-law# Subject: CL2006-63, Supply of Garbage and Recycling Containers and Collection and Disposal from Various Municipal Locations Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-16-07 be received; 2. THAT J & F Waste Systems Inc., Ajax, Ontario, with an estimated yearly cost of $44,168.00, being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-63, Supply of Garbage and Recycling Containers and Collection and Disposal from, Various Municipal Locations be awarded the contract as required by the Municipality of Clarington for a one year term beginning approximately May 23, 2007; 3. THAT the contract be extended for a second year and third year, pending satisfactory service, and pricing; and 4. THAT the funds expended be drawn from the respective operating budgets. Submitted by: Reviewed by: arie Marano, H.B.Sc., C.M.O. Franklin Wu, Directo f C rp ate Services Chief Administrative Officer 0 Fr . orvath, RDMR, RRFA, Director of Operation Nancy Taylor, 13.13A., C.A., Director of Finance MM1MlFHUAB\SM 1242 REPORT NO.: COD-016-07 PAGE 2 BACKGROUND AND COMMENT: Tenders were publicly advertised and issued to supply garbage and recycling containers plus provide the necessary service to collect, haul and dispose of the garbage and recycling content as required at the various sites operated by the Municipality of Clarington. The award is for one year with the option to I � extend for two additional one year periods pending satisfactory pricing and service. Subsequently, the bids were received and tabulated as per the attached bid summary, marked Schedule "A". The pricing is firm for the first year. The contract may be extended for up to an additional two one year terms subject to satisfactory pricing and service. Estimated yearly cost of$44,168.00 was derived by taking the varying cost per lift pricing received and extending it based on the number of estimated yearly pick-ups per container at the various Municipal facilities. The pricing submitted by J & F Waste Systems Inc. represents an approximate savings of over$26,000 in the first year of the contract based on the prices submitted by the existing contractor, Waste Management. For the information of Council, the Municipality of Clarington spent approximately $50,800.00 on garbage and recycling pick-up and disposal in 2006. The required funds will be drawn from the respective years operating budget from which there are adequate funds 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. After further review and analysis of the bids by Purchasing and Operations, it is respectfully recommended that J & F Waste Systems Inc., Ajax, Ontario, be awarded the contract to provide Garbage and Recycling Services to the Municipality of Clarington as required. The subject firm has provided similar satisfactory service for City of Oshawa and City of Toronto, East York. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-33543 ClarID&Wn Lending the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY — TENDER CL2006-63 Supply of Garbage and Recycling Containers, plus Collection, Haulage and Disposal from Various Municipal Facilities BIDDER Total Cost of Lift Fees J & F Waste Systems, Inc. $ 1,224.00 Ajax, ON Miller Waste Systems $ 1,392.66 Toronto, ON WSI, Waste Services (CA) Inc. Peterborough, ON $ 1,672.00 Waste Management of Canada $ 2,048.00 Brampton, ON 'Note: pricing shown above is the total of pricing per vendor which was submitted. This total reflects the total of the pricing submitted for the varying size of containers along with the cost per lift for the varying containers and locations. 1244 00,z RE RE DEVELOPMENT OF PATRICIA STEVENSON PROPERTY 107APR10 RrI11:25:20 Gary @Mary Kettle 302 Given Rd. Lt { &a Con 2 Pt Lot 32 Now RP 1ORZ308 Part 1-3 12.37 acres b This lot is located on Given Rd.West of new development proposal by Patricia Stevenson (across Field). Our well has provided a generous clean supply of water since the 18005. Please address our concerns that developments east of Rudell Road could disrupt our water supply which is vital to us and the cattle on the property. Thanks Mary @Gary Kettle. Clarington Physician Recruitment Presentation to Claring. ton Council April 10 , 2007 Clarington Physician Recruitment * History of the Committee • Began as a Mayor's Taskforce. • Structure was changed to a Committee of Council. Funding was provided by Municipality to hire Organizational Consulting Limited to deliver a strategic plan and doctors. • Focus shifted to local partnership with Clarington Board of Trade administrating funding and process. . $43,000 transferred to CBOT to kick start the committee Clarington Physician Recruitment The Facts • Clarington's under serviced designation by MOHLTC is based on our 2001 StatsCan population of 69,834 • Currently have 44 family physicians • Provincial doctor/patient ratio is 1 : 1340 • Based on the above this Committee is tasked with recruiting 8 doctors Clarington Physician Recruitment Economic impact "Every new doctor brings $500,000 to $1,000,000 of economic activity to our community each year. " - Rural Ontario Medical Program Physician Recruitment is an Economic Development Activity. It strengthens our community, making it more attractive to both employers and employees. Clarington Physician Recruitment Key players • Resources • Existing family physicians • Rural Ontario Medical • Lakeridge Health Program (Romp) Corporation • Professional Association • Municipality of Clarington of Interns and Residents • Experienced recruiting of Ontario (Pairo) team • Canadian Association of • Clarington Board of Trade Staff Physician Recruiters (Caspr) • Local business . Ministry of Health and Long Term Care (MOHLTC) Clarington Physician Recruitment • Our focus will be . . . . On graduates and learners from 5 medical training schools in Ontario • How we make connections . . . • Residents being trained at Bowmanville hospital. • Attending Pairo (Professional Association of Interns and Residents of Ontario) job fair. • Promotion through associated organizations. Clarington Physician Recruitment Current Contacts • Today our A-List consists of... . 12 candidates graduating in 2007 . 16 candidates graduating in 2008 . 4 candidates graduating in 2009 . 2 candidates graduating in 2010 As well we are negotiating with. . . . 1 doctor from Scarborough looking to re-locate Clarington Physician Recruitment • Support For the Effort • Municipality of Clarington • Under-serviced Grants from Ministry of Health and Long Term Care • Lakeridge Health (moving and relocation expenses) • Medical Clinics (short term subsidized rent) • Future Support • Continued support from existing supporters • Partnerships with community organizations Clarington Physician Recruitment • Partnerships • Memorial Hospital Foundation • Orono Medical Foundation • Owners of 222 King St. Medical Clinic • Local employment agencies for spousal placement assistance • Local business for in-kind assistance • Local Physician teaching program Clarington Physician Recruitment • What does it cost to recruit a doctor .? • Wages and Salaries (3 person days per week) - $20, 000 per year • Conferences and Travel - $ 1 , 600 per year • Candidate Community Awareness Cost — 30 candidates per year x $330= $9, 900 per year • New recruit signing bonus - $20, 000 each Clarington Physician Recruitment • Expected Costs per recruit • Depends on number of recruits per year • Target 3 recruits in first year • Cost per recruit — approx. $30, 000 • Total Cost of Program - $240, 000 for 8 doctors . Or a one time cost of $3.04 per resident of Clarington to alleviate the current doctor shortage Clarington Physician Recruitment • Status Report • Our first new recruit was signed in March and will open practice in September 2007 • We have one more physician expected to sign in the next couple of weeks • Another candidate is returning in May to complete residency, interested in signing • These signings will over-run our "kick start" funding and will potentially stall our efforts. • Spring is "Signing Time" Clarington Physician Recruitment • Status Report continued. . . . • Upfront funding will not be required • However, CBOT will need to be reimbursed after each new recruit is signed in order to ensure that money is available for immediate disbursement when a Doctor makes their decision • We are asking Council to consult with staff on the mechanisms necessary to ensure ongoing funding . Clarington Physician Recruitment • Thank you for entrusting the Clarington Board of Trade with this very important community development program. Economic Development Quarterly Update April 10, 2007 Available Land Summary NON SERVICED FULLY SERVICED PARTIALLY SERVICED GENERAL INDUSTRIAL 268.10 74.29 LIGHT INDUSTRIAL 749.23 28.00 248.03 PRESTIGE EMPLOYMENT 381.86 i i 97.93 Municipality of Clarington Serviced Land Summary (Acres) 7115""'a NNNNNN 381.86.. ......... 268.10 NON FULLY PARTIALLY SERVICED SERVICED SERVICED ❑GENERAL INDUSTRIAL Ell LIGHT INDUSTRIAL ❑ PRESTIGE EMPLOYMENT Non/ Partially Non-Serviced Land Partially Serviced Land (Shown in Acres) (Shown in Acres) 381.86 268.10 97.93 74.29 749.23 248.03 ❑GENERAL INDUSTRIAL ®LIGHT INDUSTRIAL ❑PRESTIGE EMPLOYMENT 0 GENERAL INDUSTRIAL m LIGHT INDUSTRIAL 0 PRESTIGE EMPLOYMENT lei I+ 92 V 40 - . r Ramp ` Ramp Darlington Park Energy Park A j ° RO.'k J) PRESTIGE CORRIDOR a p PRESTIGE NODE - IGHT INDUSTRIAL 1 q LIGHT l � QTR L = ( r 4 a . • -rt = . r .. .•.ate may'„ _ IL Baselins alb; r, a t « P our i- 11 V- y(! T Y f "°'wrW- ; .r 3 �-��, •ate +�f� i � .7 0- 1 Holburn/ Biotech C lid a � � Poten is ites - olburn 1 Phase a • O w e . 1 _ A _ r - a�?r, B ow manrrill '' R � . Bast Baayh VUilrn4 Creek �-- r � � 1 4 _ t I � I 1 o - - - _ r _ �!MSC P �� • I 1 ° a E Opt_ � g�4 ► Tech Park West ■ Bennett Rd . n't 3 w � x G t Pricing the Clarington Market ► Average Rate • Serviced Industrial Lands — 100 to 115k • Serviced Commercial Lands — 350 to 500k • Non-serviced Industrial Lands — 45 to 75k ► Leasing Rates • Industrial — 4.75 — 6.00 net • Commercial (downtown to plazas) — 8.00 to 17.00 sq.ft Recent Acquisitions ► across from the Bowmanville Mall on the north west corner 1/2 acre of sold for 350k ► 45,000 sq .ft of the Parker Brother building leased to company Nordoc (industrial doors) ► 73 Mearns — Cansol Environmental services ► Caristrap — Langley Utilities ► 55,000 sq .ft available for lease (half of Parker building) Sample of Current Listings ► 32 current listings Po. 1800 sq.ft. office space in Newcastle 8.50sq.ft ►4 stores/5 apartments downtown Bowmanville 710k ► Hwy. 115 business/building/land 795k Po- Butler Court 14500sq.ft — 1 . 1million Po. 16 Temperance — 500 sq.ft — 600.00mth. Examples of Leads to Date ► Looking for max. 2700sq .ft. for new Daycare facility ► Commercial space for large Day Spa ► Assisting in finding buyer on hwy. 115 property ► Existing business in Courtice looking for 2nd location in Bowmanville ► Working with land owner in Newcastle for a proposed 5 acre alternative energy project ► Working with Director of Planning to find 6 acres of `serviced land' fora 100,000 sq .ft. building Next Step ► The Clarington Board of Trade would like to host a '"working session" with Council and Municipal staff on : HOW TO IMPLEMENT AN ECONOMIC DEVELOPMENT PLAN THAT TIES TO THE MUNICIPALITY'S OVERALL STRATEGIC PLAN (where do new opportunities lie and how in partnership do we focus on these?)