HomeMy WebLinkAbout06/18/2007 Energizing Ontario
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: June 18, 2007
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of June 8, 2007 301
4. (a) PRESENTATIONS
(i) Deb Vice and Martin Feaver, Protect the Ridges, regarding Fibre Bio-
Solids
(b) DELEGATIONS
(i) Rick Howe, President of Orono Amateur Athletic Association, Regarding
Report CSD-010-07 — Orono Arena and Community Centre Review
(ii) Tom Cauchon and Chigi Agbaru, Regarding Report PSD-086-07 —
Expropriation of Lands for Bowmanville Waterfront District Park
5. PUBLIC MEETINGS
(a) Application to Amend the Clarington Official Plan 501
Applicant: Port of Newcastle Harbourview Ltd.
Report: PSD-079-07
(b) Application to Amend the Clarington Zoning By-Law 503
Applicant: Prestonvale Heights Limited.
Report: PSD-080-07
6. PLANNING SERVICES DEPARTMENT
(a) PSD-079-07 Harbourfront Centre 601
Applicant: Port of Newcastle Harbourview Ltd.
Development
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
G.P. & A. Agenda - 2 - June 18, 2007
(b) PSD-080-07 Rezoning to Redefine the Front Yard of Six (6) Townhouse 612
Units
Applicant: Prestonvale Heights Limited
(c) PSD-081-07 Zoning By-Law Amendment to Rezone from Rural Cluster 619
Zone to an Agricultural Zone
Applicant: James Tosswill and Emily Wilson
(d) PSD-082-07 Proposed Zoning By-Law Amendment to Permit a Mixed 630
Use Development
Applicant: Prestonvale Heights Limited
(e) PSD-083-07 Application for Removal of Holding Symbol 640
Applicant: 289143 Ontario Limited — Westvale 18T-95023
(Phase 3)
(f) PSD-084-07 Monitoring of the Decisions of the Committee of 646
Adjustment for the Meeting of June 7, 2007
(g) PSD-085-07 Application for Removal of Holding Symbol 653
Applicant: Halloway Holdings Limited
(h) PSD-086-07 Offer of Compensation and Notice Requiring Possession 660
to Tom Cauchon and Chigi Agbaru Respecting the
Expropriation of Lands for Bowmanville Waterfront District
Park; Part 1 on Plan of Expropriation DR593102
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-042-07 Monthly Report on Building Permit Activity for May, 2007 701
(b) EGD-044-07 Decoe Court Subdivision, Courtice 707
Plan 40M-2104
Completion of all Outstanding Works
(c) EGD-045-07 2007 Capital Budget Modification — Transfer of Funds 716
(d) EGD-046-07 Responsibility Agreement, Regional Municipality of 720
Durham and The Corporation of the Municipality of
Clarington
8. OPERATIONS DEPARTMENT
(a) OPD-006-07 2007 Winter Budget Report 801
(b) OPD-009-07 Two Way Radio Repeater 805
G.P. & A. Agenda - 3 - June 18, 2007
9. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-010-07 Monthly Response Report — May 2007 901
10. COMMUNITY SERVICES DEPARTMENT
(a) CSD-008-07 Schedule of Rates and Fees 2007/08 — 2008109 1001
(b) CSD-009-07 Hydro One Networks Inc., - Request for Easement, 1025
Rudell Road, Newcastle
(c) CSD-010-07 Orono Arena and Community Centre Review 1032
(d) CSD-011-07 World Record Walk— October 3, 2007 1049
11. CLERK'S DEPARTMENT
(a) CLD-025-07 Animal Advisory Committee — Revised Terms of 1101
Reference
12. CORPORATE SERVICES DEPARTMENT
(a) COD-026-07 Lions Club Offer to Lease, Clarington Beach Centre 1201
(b) COD-027-07 Update — Newcastle Library Capital Project 1226
(c) COD-028-07 Confidential Report— regarding a legal matter
(d) COD-029-07 Tender CL2007-024, Electrical Services 1230
(e) COD-030-07 CL2007-7, One (1) 43,000 GVW Single Axle Cab & 1233
Chassis c/w Dump Body and Plow Equipment
(f) COD-031-07 CL2007-6, Two (2) Tandem Axle Trucks with Plow 1236
Equipment
(g) COD-032-07 CL2007-17, Colwill Bridge Water Course Realignment, 1239
Bowmanville Creek East Branch
(h) COD-033-07 CL2007-18, Sidewalk Construction, East Side of West 1248
Townline Road, Courtice
(i) COD-034-07 CL2007-19, Asphalt Resurfacing Contract 1 1256
Q) COD-035-07 Request for Proposal RFP2007-1, Janitorial and Sanitary 1264
Paper Supplies
G.P. & A. Agenda - 4 - June 18, 2007
(k) COD-036-07 Tender CL2007-28, Plumbing Services 1268
(1) COD-037-07 Tender CL2007-22, Church Street and St. George Street 1271
Reconstruction
(m) COD-038-07 Tender CL2007-026 Concession Road 3 Bridge 1280
Rehabilitation at Pollard Road
(n) COD-039-07 CL2007-21 Elgin Road Reconstruction 1287
(o) COD-040-07 Tender No. T329-2006 Co-operative Tender for 1295
Stationary Supplies and Printer Toner Cartridges
13. FINANCE DEPARTMENT
(a) FND-012-07 Annual Statement for the Development Charges Reserve 1301
Funds for the Year Ended December 31, 2006
(b) FND-013-07 2007 /2008 Insurance Program 1307
(c) FND-014-07 Development Charges By-Law Amendment: 1311
Major Office Buildings in Energy and Science Parks
14. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-010-07 Strategic Business Plan 1401
(b) Presentation by CAO Regarding Lobbyist Registry System
(c) CAO-011-07 Lobbyist Registry System 1419
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
17. ADJOURNMENT
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Leading the Way
General Purpose and Administration Committee
Minutes
June 8, 2007
Minutes of a meeting of the General Purpose and Administration Committee held on
Friday, June 8, 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 W. Woo
Absent: Councillor C. Trim (personal business)
Also Present: Chief Administrative Officer, F. Wu
Facilities Manager, G. Acorn
Director, Engineering Services, T. Cannella
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, E. Atkinson
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-386-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee minutes of the regular
meeting held on May 22, 2007, be approved.
CARRIED
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Minutes
June 8, 2007
PRESENTATIONS
There were no presentations.
DELEGATIONS
Resolution # GPA-387-07
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Agenda be altered to add Paul-Andre Larose, Libby Racansky and Greg
Bradshaw to the list of delegates; and
THAT the order be altered to allow Libby Racansky to speak first.
CARRIED
Libby Racansky addressed the Committee the regarding Report PSD-074-07,
Application for Removal of Holding Symbol. Ms. Racansky stated that the removal of
the Holding Symbol and the development of subdivision 18T-94027 should proceed first
because water pipes are already there. The subdivision 18T-92014 is in the middle of
the neighbourhood and therefore should be developed last. She requested that the
removal of the holding symbol not be approved until all monitoring, especially water
monitoring, has been completed and all conditions of OMB recommendations have
been addressed. Ms. Racansky requested that she be given all documentation for
review with the exception of personal information.
Jim Souch addressed the Committee regarding Report COD-022-07, Kendal
Community Centre. He gave a brief history of the Kendal Community Centre building
and how it has now had a very positive impact on the community. Mr. Souch requested
that the Municipality of Clarington reconsider rescinding the funding to the Fire
Department for a few years. A grant request has been submitted to the Trillium
Foundation for consideration of funding to assist with kitchen renovations. The
Committee itself has already put forth $10,000.00 towards the new kitchen. Mr. Souch
acknowledged that the Kendal Community Centre has already received a $2500.00
grant from the Municipality of Clarington.
Teri McKenzie addressed the Committee regarding environmental concerns from
Energy From Waste. Ms. McKenzie stated that the public was denied information
when Council did not allow Roger Anderson, Regional Chair, the opportunity to speak at
the last Council meeting. Ms. McKenzie stated that Clarington needs to be an integral
part in the process.
Paul-Andre Larose, Ph.D. informed the Committee that he has a Ph.D in Physics and
he is extremely concerned about the proposal to build an incinerator in the area.
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Minutes
June 8, 2007
His concerns stated include: the need to evaluate and debate potential locations without
having prior examined the health implications; there will be unavoidable negative health
and environmental consequences; it is against the sustainability of our agriculture, our
environment and our health; there is evidence on chemical burdening, increasing
cancer rates and decreasing human fertility rates. Dr. Larose is ashamed of the
inaction of our Federal Government and wants to see Durham Region take an
enlightened action and not compound the problem. Dr. Larose recommended that
Clarington Council clearly recognize the health aspect perils associated with the
selection of any waste treatment technology; adopt a position that public health and
environmental concerns are primary issues that cannot, under any circumstances or
any pretense, be compromised or sacrificed; mandate its representatives to Regional
Council to articulate this position; and acknowledge that good stewardship is good
environmentalism which itself is good economics.
Greg Bradshaw addressed the Committee regarding the use of Pesticides. He informed
the Committee of his health issues and the reason why he moved to the country. Mr.
Bradshaw would like society to stop using pesticides altogether. He stated that it affects
people, animals, water and food gardens. Mr. Bradshaw would like to work for the
Municipality to promote the healthy alternatives, and questioned when Clarington was
going to get on board with being a pesticide-free municipality.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject: Application for Draft of Condominium Approval
Applicant: 1709599 Ontario Inc.
Report: PSD-072-07
Susan Ashton, Senior Planner, Planning Services Department provided a verbal report
supported by a PowerPoint presentation pertaining to Report PSD-072-07.
No one spoke in opposition to or support of Report PSD-072-07.
Jennifer Passy and Angela Schuller from Mackinnon and Associates appeared on
behalf of the applicant, 2809599 Ontario Inc. They informed the Committee that the
tenants are very much in support of this project and that all units will be improved. The
current tenants will have the first opportunity to purchase the units.
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General Purpose and Administration Committee
Minutes
June 8, 2007
PLANNING SERVICES DEPARTMENT
DRAFT PLAN OF CONDOMINIUM APPLICATION
APPLICANT: 1709599 ONTARIO INC.
Resolution #GPA-388-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report PSD-072-07 be received;
THAT the Draft Plan of Condominium application, submitted by 1709599 Ontario Inc. be
referred back to staff for further processing and the preparation of a subsequent report;
and
THAT all interested parties listed in Report PSD-072-07 and any delegation be advised
of Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF MAY 24, 2007
Resolution #GPA-389-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Report PSD-073-07 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
May 24, 2007 for applications A2007-0018 to A2007-0023 inclusive and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED
18T-92014— HANCOCK NEIGHBOURHOOD
Resolution #GPA-390-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-074-07 be received;
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June 8, 2007
THAT the application submitted by Claret Investments Ltd. and 1361189 Ontario Ltd. to
remove the Holding (H) symbol for Lots 1 to 89, and Block 103 as shown on the draft
40M-Plan for Draft Approved Plan of Subdivision 18T-92014 be approved;
THAT the By-law attached to Report PSD-074-07 to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham Planning
Department; and
THAT all interested parties listed in Report PSD-074-07, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 289143 ONTARIO LIMITED -WESTVALE
18T-95023 (PHASE 2)
Resolution #GPA-391-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-075-07 be received;
THAT the application submitted by 289143 Ontario Limited to remove the Holding (H)
symbol for Lots 1 to 45, Blocks 46, 47 and 48 as shown on the draft 40M-Plan for Phase
two (2) of Draft Approved Plan of Subdivision 18T-95023 be approved;
THAT the By-law attached to Report PSD-075-07 to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham Planning
Department; and
THAT all interested parties listed in Report PSD-075-07 any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: DARLINGTON SPRINGS LTD. (THE KAITLIN GROUP)
ASPEN SPRINGS WEST — PHASE III
Resolution #GPA-392-07
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT Report PSD-076-07 be received;
THAT the request for Removal of Part Lot Control by Darlington Springs Ltd. with
respect to Blocks 67 to 72 inclusive on Plan 40M-2240, be approved;
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General Purpose and Administration Committee
Minutes
June 8, 2007
THAT the Part Lot Control By-law attached to Report PSD-076-07 be passed pursuant
to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional Municipality
of Durham Planning Department; and
THAT all interested parties listed in Report PSD-076-07 and any delegations be advised
of Council's decision.
CARRIED
BILL 51 - PLANNING AND CONSERVATION LAND STATUTE LAW AMENDMENT
ACT, 2006
Resolution #GPA-393-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Report PSD-077-07 be received;
THAT the By-law contained in Attachment 1 to Report PSD-077-07 be approved
delegating authority to the Planning Director to make a decision on whether submitted
planning applications are complete;
THAT the By-law contained in Attachment 2 to Report PSD-077-07 be approved
requiring pre-consultation with the Municipality of Clarington Planning Services
Department prior to submission of applications, plans and/or drawings for all official plan
amendments, zoning by-law amendments, draft plan of subdivision/condominium and
site plan; and
THAT all interested parties listed in Report PSD-077-07 and any delegations be advised
of Council's decision.
CARRIED
FINANCIAL IMPACT ANALYSIS OF NEW DEVELOPMENT AREAS
Resolution #GPA-394-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Report PSD-078-07 be received;
THAT the Purchasing By-law 2006-127 be waived;
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Minutes
June 8, 2007
THAT Hemson Consulting Ltd. be retained to undertake the Financial Impact Analysis
of New Development Areas for$60,000 subject to receipt of funding from the
development proponents; and
THAT any delegations be advised of Council's decision.
CARRIED
ENGINEERING SERVICES DEPARTMENT
There were no reports considered under this section of the Agenda.
Mayor Abernethy chaired this portion of the meeting.
OPERATIONS DEPARTMENT
CLARINGTON PITCH-IN CANADA
CLARINGTON CLEAN AND GREEN
Resolution #GPA-395-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Report OPD-007-07 be received for information.
CARRIED
CEMETERY TARIFF OF RATES
Resolution #GPA-396-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report OPD-008-07 be received;
THAT the proposed tariff of rates as outlined on Attachment 1, 2, 3, 4 to Report
OPD-008-07 be approved; and
THAT the proposed tariff of rates as outlined be forwarded to the Ministry of
Government Services for approval.
CARRIED
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Minutes
June 8, 2007
Councillor Woo chaired this portion of the meeting.
EMERGENCY AND FIRE SERVICES DEPARTMENT
EMERGENCY AND FIRE SERVICES GOVERNING BY-LAW
Resolution #GPA-397-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report ESD-009-07 be received;
THAT the By-law#84-68 attached to Report ESD-009-07 (establishing by-law), and
By-Law #94-172 (amendment) be rescinded; and
THAT the Emergency and Fire Services Governing By-law attached to Report ESD-
009-07 be forwarded to Council for approval.
CARRIED
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
There were no reports considered under this section of the Agenda.
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICERS (SUMMER)
Resolution #GPA-398-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report CLD-023-07 be received;
THAT the by-laws attached to Report CLD-023-07 to appoint Municipal Law
Enforcement Officers be forwarded to Council for approval; and
THAT Alison Albrecht and Aaron Beaton be advised of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
June 8, 2007
QUARTERLY PARKING REPORT
Resolution #GPA-399-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Report CLD-024-07 be received; and
THAT a copy of Report CLD-024-07 be forwarded to the Bowmanville Business Centre
for their information.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
KENDAL COMMUNITY CENTRE
Resolution #GPA-400-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report COD-022-07 be received;
THAT the lease agreement with the Kendal Community Centre (Schedule "A" to Report
COD-022-07) be approved; and
THAT the By-law marked Schedule "B" to Report COD-022-07, as amended authorizing
the Mayor and the Clerk to execute the necessary agreement, be forwarded to Council
for approval.
CARRIED AS AMENDED
LATER IN THE MEETING
(See following amending motion)
Resolution #GPA 401-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT section 18 of the Agreement (Schedule A to Report COD-022-07) be amended to
read as follows;
"The Municipality of Clarington Emergency Services Department will be responsible for
25% and the Municipality of Clarington will be responsible for 25% of the utility charges
for the term of the agreement."
CARRIED
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June 8, 2007
The foregoing Resolution #GPA-400-07 was then put to a vote and carried as amended.
CO-OPERATIVE TENDER C-526-06, THE SUPPLY AND DELIVERY OF CULVERTS
Resolution #GPA-402-07
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report COD-023-07 be received;
THAT Armtec Limited, Peterborough, Ontario, being the lowest responsible bidder
meeting all terms, conditions and specifications of the Co-operative Tender C-526-06,
be awarded year 2 of the contract for the Municipality of Clarington requirements for
Supply and Delivery of Culverts on an "as required" basis;
THAT the total funds expended be provided from the approved respective Culvert
Maintenance Construction budget; and
THAT upon expiry of year two of the contract and pending satisfactory service and
pricing by the low bidder and pending agreement of the Durham Co-operative
participants, the contract be extended for a third year.
CARRIED
CO-OPERATIVE TENDER
W2007-14, CO-OP ARMOURED CAR SERVICES
Resolution #GPA-403-07
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Report COD-024-07 be received;
THAT the G4S Cash Services (Canada) Ltd., Toronto, Ontario, with a bid price of
$56,277.54 (plus applicable taxes)for the first year being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender W2007-14 be awarded the
contract to provide Armoured Car Services for a one year term;
THAT upon expiry the contract be extended for up to two one year additional terms,
pending satisfactory pricing and service; and
THAT the funds be drawn from the respective year's Finance Department's current
operating budget.
CARRIED
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Minutes
June 8, 2007
FIRST IMPRESSIONS COMMUNITY EXCHANGE PROGRAM
Resolution #GPA-404-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report COD-025-07 be received; and
THAT Clarington Tourism's participation and leadership in the Ministry of Agriculture,
Food & Rural Affairs First Impressions Community Exchange program be endorsed
when a suitable exchange community is confirmed.
CARRIED
Resolution #GPA-405-07
Moved by Councillor Foster, seconded by Councillor Woo
THAT the order of the agenda be altered to consider Unfinished Business item (a)
Addendum to COD-002-07 under the Corporate Services portion of the agenda.
CARRIED
ADDENDUM TO COD-002-07 MUSEUM GOVERNING BY-LAW UPTDATE
Resolution #GPA-406-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT COD-002-07 be lifted from the table;
THAT COD-002-07 be received;
THAT the Addendum to Report COD-002-07 (Attachment #2) be received;
THAT Option A or B in Report COD-002-07 be considered unnecessary as Council has
appointed the Clarington Museum and Archives Board of Management;
THAT the amended By-law, Attachment#1 to Addendum to Report COD-002-07, be
forwarded to Council for approval; and
THAT the Museum Board and the Museum Administrator be advised of Council's
decision.
CARRIED
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June 8, 2007
FINANCE DEPARTMENT
CONFIDENTIAL LEGAL MATTER
Resolution #GPA-407-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT Confidential Report FND-010-07 be referred to the end of the agenda, to be
considered during a closed session.
CARRIED
CASH ACTIVITY— FIRST QUARTER OF 2007
Resolution #GPA-408-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report FND-011-07 be received;
THAT in accordance with provision of Chapter 25, Section 268 of the Municipal Act,
S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for
the first quarter of the year 2007, as shown on the attached schedule; and
THAT part "A" of the expenditures for the first quarter of the year be confirmed.
CARRIED
CHIEF ADMINISTRATIVE OFFICE
There were no reports considered under this section of the Agenda.
UNFINISHED BUSINESS
Resolution #GPA-409-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Teri McKenzie be thanked for her comments and that her name be added to list
of interested parties on the Energy from Waste issue.
CARRIED
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June 8, 2007
Resolution #GPA-410-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the delegation of Paul-Andre Larose be received with thanks.
CARRIED
Resolution #GPA-411-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the delegation of Greg Bradshaw be referred to the Director of Operations.
CARRIED
OTHER BUSINESS
ENERGY FROM WASTE — DURHAM REGION SITE TOURS
Resolution #GPA-412-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT David Crome, Director of Planning Services and Fred Horvath, Director of
Operations be authorized to join the Durham Region delegations tour of Energy from
Waste sites.
CARRIED
LATER IN THE MEETING
(See following motion)
Resolution #GPA-413-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT Faye Langmaid, Manager of Special Projects, be added to the list of delegates to
for the tour from Energy from Waste.
LOST
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Minutes
June 8, 2007
The foregoing Resolution #GPA-412-07 was then put to a vote and carried.
Resolution #GPA-414-07
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Region of Durham be requested to add Faye Langmaid, Manager of Special
Projects for the Municipality of Clarington, to the group of delegates touring the Energy
from Waste sites.
CARRIED
SCHEDULE OF MEETINGS
Resolution #GPA-415-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the schedule of meetings be amended by adding a General Purpose and
Administration Committee meeting on Tuesday, July 31, 2007 at 9:30 a.m., immediately
followed by a Council meeting.
TABLED LATER IN THE MEETING
(See following motion)
Resolution #GPA-416-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT be tabled until Monday, June 11, 2007 Council Meeting.
CARRIED
LEGAL MATTER — "CLOSED MEETING"
Resolution #GPA-417-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Committee recess for five minutes and then reconvene in a "closed" session
to consider Confidential Report FND-010-07 regarding a legal matter.
CARRIED
Committee reconvened in `open" session at 11:59 a.m.
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Minutes
June 8, 2007
RATIFICATION OF ACTIONS TAKEN AT CLOSED MEETING
Resolution #GPA-418-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the actions taken in the "closed" meeting be ratified.
CARRIED
ADJOURNMENT
Resolution #GPA-419-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the meeting adjourn at 12:10 p.m.
CARRIED
MAYOR DEPUTY CLERK
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•
R EPORT
Leaden the Wa
g y
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report#: PSD-079-07 File #: COPA 2007-0006 By-law #:
SUBJECT: HARBOURFRONT CENTRE
APPLICANT: PORT OF NEWCASTLE HARBOURVIEW LTD. DEVELOPMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-079-07 be received;
2. THAT the application for Official Plan Amendment (COPA 2007-0006) submitted by Mr.
Kelvin Whalen on behalf of Port of Newcastle Harbourview Limited to increase the Floor
Space Index (FSI) from 0.75 to 1.7 to facilitate the proposed Harbourfront Centre
development which consists of four (4), 4-storey apartment buildings with 236 units and
a five storey hotel building be referred back to staff; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed by:
Y
D J. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
JW/COS/DJC/sh/df
June 13, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-079-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Kelvin Whalen
1.2 Owner: Port of Newcastle Harbourview Ltd.
1.3 Proposal: To amend the Official Plan by increasing the Floor Space
Index (FSI) from 0.75 to 1.7 to permit the Port of Newcastle
Harbourfront Centre development with four, 4 storey
apartment buildings with 236 units and a five storey hotel
building.
1.4 Land Area: 22,578.30 sq.m
1.5 Location: Part lot 28, B.F. Concession, former township of Clarke
2.0 BACKGROUND
2.1 On January 6, 2005, the applicant originally submitted an application for Official Plan
and Zoning By-law Amendment to allow the development of 4 residential apartment
buildings with varying heights from three to six storeys and an eight storey hotel building
on the subject land. The application at that time was deemed not complete and was
returned to the applicant requesting re-submission with additional information. The
applicant was informed that the detailed information of the proposed uses and
improvements to the conceptual site layout of the proposed development and its
relationships to the surrounding uses and the proposed public square within the subject
site are required.
2.2 On April 4, 2007, the applicant submitted an application for Official Plan Amendment to
increase the Floor Space Index from 0.75 to 1.7 to facilitate the Harbourfront Centre
Development which consists of four (4), 4-storey apartment buildings and a five storey
hotel building. The concept plan indicates both surface and underground parking and a
landscaped central court yard in-between the buildings.
2.3 The applicant has recently received a Minor Variance Approval for construction of four
residential buildings by increasing the maximum allowable height of the buildings from
12 metres to 13.6 metres to permit a pitched roof on the 4-storey buildings on the
subject land.
2.4 The applicant has submitted a brief planning rationale dated April 30, 2007 and a copy
of the Environmental Site Assessment Report prepared in June 2005 covering the
subject land. The applicant was informed that an Environmental Impact Study (EIS) will
be required for this development and it should be submitted prior to a related site plan
approval application.
REPORT NO.: PSD-079-07 PAGE 3
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Currently the subject property is vacant with natural vegetation. The existing marina and
the Durham Regional Water Treatment Plant are located to the east and south of the
subject property at a lower level. To the north of the property the new club house
building is under construction. The subject land has access from two public roads,
namely Lakebreeze Drive and Shipway Avenue. Please refer the Attachment 1- Key
Map.
3.2 The surrounding uses are as follows:
North - Port of Newcastle Club House development and Marina lands
South - Lakebreeze Drive, Durham Region's Water Treatment Plant and
Public Park
East - Port of Newcastle Marina lands
West - Shipway Avenue
Sam
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Fig.1: View of the subject land with the partly completed new Club House building at
the background
603
REPORT NO.: PSD-079-07 PAGE 4
5
Fig. 3: The view of the southeast end of the site looking from the South
4.0 PROVINCIAL POLICY
4.1 Growth Plan
According to the Growth Plan guiding principles, the lands should be developed with
compact, vibrant and complete communities, optimizing the use of existing and new
infrastructure to support growth in a compact, efficient form. The principles also
describe that the developments should provide different approaches to managing
growth that recognizes the diversity of communities. The applicant proposes a mixed
use development with residential and commercial uses in multi storied buildings in a
compact built form. However, the proposal is not in a major centre that would be
identified as an intensification area.
4.2 Provincial Policy Statement
Appropriate densities should be promoted for new housing which efficiently use land,
resources, infrastructure and public service facilities, and support the use of alternative
transportation modes and public transit in areas where it exits or is to be developed. It
also promotes development standards for residential intensification, redevelopment and
new residential development which minimise the cost of housing and facilitate compact
form, while maintaining appropriate levels of public health and safety.
604
REPORT NO.: PSD-079-07 PAGE 5
Healthy and active communities are promoted by planning and creation of a full range of
public accessible spaces, built and natural settings for recreation, including facilities,
parklands, open space areas, trails and water based resources and shorelines.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
5.1.1 The Durham Region Official Plan designates the lands as Living Area. Living Areas
shall be developed in a compact form through higher densities where appropriate with
particular consideration for supporting and providing access to public transit. The
application conforms to the Regional Official Plan.
5.2 Clarington Official Plan
5.2.1 The Clarington Official Plan designates the subject property "Harbourfront Centre". The
predominant use of land within the "Harbourfront Centre" designation shall be for mixed
use developments including commercial, residential, recreational, community, cultural
and institutional uses. A public square shall be designed as an integral component of
the Harbourfront Centre.
5.2.2 The Official Plan states:
• The Harboufront Centre shall be planned and developed as a community focal
point and part of the tourism node at the Port of Newcastle.
• Harbourfront Centre will be a high quality urban environment that builds on the
existing natural setting, marina and park development and views of the
waterfront.
• A variety of uses are permitted which are compatible with the marina and district
park including multiple residential, retail and services uses, professional offices, a
small hotel, places of entertainment, recreational, cultural and community
facilities.
• Retail uses will be appropriate for, and scaled to meet, neighbourhood or tourism
needs.
• Maximum number of multiple residential units permitted will be 250.
5.2.3 The Official Plan provides a variety of urban design standards and site development
criteria which are to be used to review development applications including:
■ a maximum height of 5 storeys is permitted; and
• the maximum Floor Space Index (FSI) should be 0.75. A well defined pedestrian
walkway system will link to the waterfront trail, the marina and the district park.
5.2.4 A "District Park" is shown at the Southeast corner of the retained land. The east and
south portions of the retained land is designated as "Waterfront Greenway" and
"Environment Protection Area".
REPORT NO.: PSD-079-07 PAGE 6
5.2.5 The Official Plan identifies the lands associated with the Graham Creek as being
significant valley lands. The policies of the Clarington Official Plan require an
Environmental Impact Analysis to be undertaken prior to development approval for all
proposals within or adjacent to a significant natural feature identified on Schedule C.
The applicant has been made aware of this requirement.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject land as "Holding-Commercial Type (H) C1-23
Zone" which permits residential use and a number of non-residential uses including a
hotel. On April 19, 2007, the Committee of Adjustment approved a minor variance
application to allow an increase in the height of the proposed buildings to 13.6 metres
from 12 metres to permit construction of a pitched roof on the 4-storey apartment
buildings.
6.2 The second phase of this development, the construction of the five storey hotel, will
require a zoning change as the Zoning By-law allows up to a maximum height of 12
metres on this site.
The hotel building as currently proposed would not comply to the zoning by-law
requirements for height.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 The applicant has submitted an Environmental Site Assessment Report dated June
2005 and prepared by Geo-Logic Inc. The report suggests that the site has a low level
of concern from an environmental contamination perspective and is suitable for its
proposed residential usage.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands on May 18th. The
appropriate notice was mailed to each landowner within the prescribed distance on May
18, 2007.
8.2 A number of enquiries have been received regarding the proposal, some simply
requested additional information.
8.3 The key concerns are:
i) traffic impact in this area due to the proposed development;
ii) Environmental Impact Assessment Study is required to review the OPA for this
development;
REPORT NO.: PSD-079-07 PAGE 7
iii) issues due to the ongoing construction at Port of Newcastle such as disturbances
due to the truck movements, handling of equipment and materials etc.;
iv) increasing rental market more than home ownership within this area; and
v) concerns on the proposed improvements to the existing railway underpass on
Mill Street and a suggestion that the widening of the underpass should be done
properly.
9.0 AGENCY COMMENTS
9.1 The following provides a summary of agency comments received to date in response to
the application circulation:
• Clarington Engineering has commented that they have no objections and the
further extension of Lakebreeze Drive to the east will be subject to further review
and discussion in the site plan approval stage.
• Clarington Building Division has stated that they have no concerns with the OPA
and will comment at the site plan stage.
• Clarington Emergency Services Department has no objections for this application.
• Ganaraska Regional Conservation Authority has stated that they have no objection
to this application. Further they have commented that they are currently continuing
the review of flood plain issues prior to their submission of the site plan control
application for the proposed development.
• Durham Regional Transit Department commented that the on street parking on
Lakebreeze Drive will prevent buses from entering the cul-de-sac and this will be
reviewed at the site plan approval stage. They stated that there are no other transit
related issues at this time.
• Bell Canada provided comments pertaining to the construction of sufficient wire-line
telecommunication infrastructure and any required easements over the property
have to be included as conditions of any site plan approval required for this
development.
• Rogers Cable Communications Inc. has commented that they have no objections to
this application.
• No other comments have been received at the time of writing of this report.
10.0 STAFF COMMENTS
10.1 The proposed development site is prominent in terms of its location and surrounding
setting facing the waterfront and the marina. The building footprints of the proposed four
buildings frame the outer edges of the site providing a central courtyard. The site
boundaries face two public roads and open space such as water retention pond and
nature conservation area, marina, and District Park. The conceptual site plan drawing
shows the site boundary, building locations, entrance and exit locations, internal
driveways and an area for a public square (Attachment 2). It also shows the service
areas of the buildings at the basement levels are also accessible from the private
driveway from the east.
10.2 The applicant has indicated that this development will be implemented in two phases;
REPORT NO.: PSD-079-07 PAGE 8
first phase would be four (4), 4-storey residential apartment buildings consisting of 236
units in 23,160 sq.m of floor area; and the proposed five storey hotel having 15,240
sq.m. of floor area as the second phase for which the applicant requires a Zoning By-
law Amendment prior to approval of the second phase.
10.3 The application proposes to increase of the Floor Space Index (FSI) to facilitate the
above development. The FSI is the ratio of the total floor area of a building or buildings
excluding enclosed parking areas, loading facilities and garbage rooms to the area of
the lot on which the building or buildings are located. A building footprint that equals a
quarter of the site area and is four stories tall has the same FSI as a one storey building
that completely covers the site.
10.4 It is noted that typically waterfront developments located in medium and larger cities are
often characterized with higher densities and compact built forms achieving the
maximum usage of lot frontages, accessibility, views to the water and amenity space.
The submitted conceptual site plan reflects certain such characteristics, however the
proposal to increase the FSI while maintaining a four-storey height limit means a larger
building footprint and less on-site open space amenity area.
10.5 The Official Plan provides policies for the development of the Harbourfront Centre
designation as a community focal point with a variety of uses including retail and
residential. The policies allow a maximum of 250 units in buildings that are a maximum
of five (5) storeys and an FSI no greater than 0.75 for the subject lands. These factors
work together to mold how the development will take shape. By allowing for five (5)
storey buildings and an FSI of 0.75, the policies are encouraging a development that
provides for smaller building footprints and more area to be used for amenity areas and
parking at grade. The applicant is proposing to provide a significant amount of
underground parking, however, with the increased FSI and four (4) storey residential
buildings, the open space and amenity area on site is limited. In addition, by providing
buildings around the complete perimeter of the site, views of the waterfront are being
compromised by neighbouring buildings.
10.6 The development concept requires further consideration and revision to key areas as
follows:
a) Improve the lay out to maximize the connections from the development site to the
Marina, Public Square, Public Park and the lakefront;
b) Finalize arrangement for additional public lands at the harbour edge and the joint
management arrangements with the marina;
C) Improve the urban design aspects and architectural theme of the building
elevations;
d) Review the proposed configuration for the extension of Lake Breeze Drive to the
east; and
e) Completion of an Environmental Impact Assessment study.
REPORT NO.: PSD-079-07 PAGE 9
10.7 Based on the above comments and concerns, the proponent is requested to improve
the site layout plans and building elevations by taking into account the identified issues
and submit for further review.
11.0 CONCLUSION
11.1 In consideration of the comments received from circulated agencies and review of the
proposal, it is recommended that the application to amend the Clarington Official Plan
submitted by Newcastle Harbourview Ltd. be referred back to the staff for further review
and consideration prior to a recommendation report to the Council.
Attachment:
Attachment 1 - Key Map
Attachment 2 — Concept Plan
List of interested parties to be advised of Council's decision:
Kelvin Whalen
Regional Planning Department
Peter Scott
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the Way REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report#: PSD-080-07 File #: ZBA 2007-0021 By-law #:
Subject: REZONING TO REDEFINE THE FRONT YARD OF SIX (6) TOWNHOUSE
UNITS
APPLICANT: PRESTONVALE HEIGHTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-080-07 be received;
2. THAT the rezoning application submitted by Prestonvale Heights Limited be referred
back to staff to complete the review and address any concerns raised at the Public
Meeting; and
3. THAT the Region of Durham, the applicant, all interested parties listed in this report and
any delegations be advised of Council's decision.
Submitted by: 1 Reviewed by:
David . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
SA2/CP/DJC/df
11 June 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-080-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Prestonvale Heights Limited
1.2 Agent: Sernas Associates
1.3 Proposal: To rezone the subject lands from "Urban Residential Exception
(R3-17)" Zone to an appropriate zone to redefine the front yard to
permit the development of six (6) townhouse units fronting on
Shuttleworth Drive, where they were originally draft approved with
the front yard facing Meadowglade Road.
1.4 Area: 0.15 ha (1,500m)
1.5 Location: Part Lot 34, Concession 2, former Township of Darlington
2.0 BACKGROUND
2.1 On May 4, 2007, Prestonvale Heights Limited submitted an application to rezone Block
177 within Registered Plan 40M-2148, located at the northwest corner of Partner Drive
and Meadowglade Road to permit the development of six (6) townhouse units fronting
on Shuttleworth Drive. Six (6) townhouse units were approved for this block as part of
the original Draft Approved Plan of Subdivision.
2.2 The townhouse block is bounded by Meadowglade Road on the east and Shuttleworth
Drive on the west. As such, the properties have "frontage" on both streets. Due to
access restrictions on arterial roads, the normal treatment in this situation is to provide
for the front door of the dwelling and vehicle access for the lot from the local road
(Shuttleworth Drive in this case). This requires a noise attenuation fence to be built
along the arterial road, or rear lot line (Meadowglade Road) in this case in order to
satisfy the Ministry of Environment (MOE) Guidelines for noise in the outdoor amenity
area of the property. These are referred to as "reverse frontage" lots.
2.3 Over the past decade, there has been a trend to avoid the use of extensive noise
fences wherever possible, primarily through the provision of "window" streets adjacent
to the arterial road.
2.4 In the case of the townhouse block along the Meadowglade section of Shuttleworth
Drive, the design intent was to try to eliminate the need for a noise fence and provide for
an aesthetically-pleasing streetscape by:
• Moving the houses closer to the arterial road and providing a larger area for
outdoor amenity space on the Shuttleworth Drive side of this lot.
• Upgrading the house design on the "rear" fagade, Meadowglade Road, to appear
to be defined as the front door to the home.
• Maintaining vehicle access to the lots from the Shuttleworth Drive side of the lot.
REPORT NO.: PSD-080-07 PAGE 3
2.5 This is the design solution that was used along the Townline Road frontage south of
Bloor Street and on Sprucewood Crescent in Bowmanville for the condominium blocks.
However, it works best in a rear lane or a condominium situation. After a number of
attempts to arrive at a suitable design, staff and the owner have determined to revert to
the traditional arrangement with the noise fence along Meadowglade Road.
2.6 The subject application is necessary since the Zoning By-law defined the Meadowglade
Road frontage of the lot as the "front yard" so that the "rear yard" amenity area facing
Shuttleworth Drive would meet MOE guidelines. The change in the defined "front yard"
proposed through this rezoning application is simply to allow the reverse frontage
design to proceed. There is no change to vehicular access; it was always to occur from
Shuttleworth Drive. This is similar to a recent rezoning Council approved for units
fronting on Beckett Crescent.
2.7 The applicant submitted a Noise Impact Study to address the concerns regarding noise
exposure from Meadowglade Road. The study concluded that noise fencing will be
required along the rear property line of all units abutting Meadowglade Road and along
the side yard of the southern most unit in order to reduce the noise levels in the rear
yard of the proposed lots. It was recommended that a clause warning home buyers that
noise levels from potentially increasing traffic may interfere with some activities be
included in all agreements of purchase, sale or lease.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property and area subject to rezoning measures 0.15 hectares (1,500 m2)
and is currently vacant.
3.2 The surrounding uses are as follows:
North - Residential
South - Partner Drive, and beyond Residential
East - Meadowglade Road and beyond, a Public Elementary School,
vacant lands
West - Shuttleworth Drive and beyond, Residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
Policies for Settlement Areas dictate that land use patterns are to be based on densities
that efficiently use land and the infrastructure and services that are available. This
application is consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
This application acknowledges the province's initiative to provide for a greater variety of
housing types to meet the needs of people at all stages of life. The application
conforms.
REPORT NO.: PSD-080-07 PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. This
designation provides that each community shall be developed to incorporate the widest
possible variety of housing types, sizes and tenure. The subject proposal for six (6)
townhouse units conforms.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as Medium Density
Residential within the Courtice Urban Area. The intent of this designation is to provide
for a variety of housing densities and forms to ensure that each neighbourhood
achieves a desirable housing mix. Townhouses are included within the predominant
housing forms envisioned for Medium Density Residential Areas. The proposed use
conforms to the Clarington Official Plan.
Meadowglade Road is classified as a Type 'C' Arterial. Type 'C' Arterials are designed
to move lower volumes of traffic at slower speeds over relatively short distances. The
Municipality requires that arterial roads provide for continuous movement and therefore
private access is limited.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63, as amended, zones the subject lands Urban Residential
Exception (R3-17) Zone. The current zone defines the front yard for the townhouse
units to be on Meadowglade Road with vehicular access from Shuttleworth Drive,
whereas the subject application proposes the townhouse units with a Shuttleworth Drive
frontage and access (reverse frontage lots).
The proposed design does not comply to the provisions of this zone and therefore this
rezoning application is necessary.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
lands and a public notice sign was installed on each of the Partner Drive, Meadowglade
Road and Shuttleworth Drive frontages.
7.2 At the time of writing, staff has received calls from two residents concerned with the
proposal. Residents of the area are concerned with the current traffic situation and the
congestion created when parents park to pick up children at the nearby public
elementary school. The callers stated that on-street parking was currently a problem on
Shuttleworth Drive as well as Robert Adams and Partner Drives, which they feel are too
narrow. The callers indicated that surrounding residents do not support the approval of
the townhouse units and that they would like to see the land be used instead for a
parkette and additional parking or drop-off/pick-up area for the elementary school
REPORT NO.: PSD-080-07 PAGE 5
nearby. Concerns were also expressed about the future parking and traffic situation
once the proposed secondary school is built.
8.0 AGENCY COMMENTS
8.1 The rezoning application and notice of public meeting was circulated to various
agencies and other departments by the Planning Services Department. Comments
received to date are as follows:
• Clarington Engineering, Clarington Building Division and Clarington Fire and
Emergency Services indicated that they have reviewed the subject application
and do not have any concerns;
• Clarington Operations provided comments pertaining to the proposed noise wall,
advising that noise fence could contain strategically located jogs onto private
property complete with appropriate plantings; and
• Durham Regional Planning indicated that the proposal is permitted by the
policies of the Regional Official Plan. Services will be available to the subject
property. They reviewed the Noise Impact Study submitted in support of the
application and concluded that the recommendations and calculations appear to
meet the requirements of the Region and the Ministry of Environment.
9.0 STAFF COMMENTS
9.1 The policies of the Regional Official Plan and the Clarington Official Plan limit individual
private access to arterial roads. The subject block is located along Meadowglade Road,
a Type 'C' arterial. Rear yards abutting arterial roads typically require noise mitigation
that does not provide for an attractive streetscape. As a result, when the development
was originally being draft approved these lots were zoned to require the elevation of the
dwelling to appear as if it contained the front door of the units facing Meadowglade
Road. Vehicular access was to be maintained from the local road, Shuttleworth Drive,
and any proposed garages were to face Shuttleworth Drive.
9.2 The owner/builder met with staff and expressed concern that the streetscape on
Shuttleworth Drive was not consistent with the character of the neighbourhood by
having stand alone garages and fenced rear yards. As a result, this application has
been filed to allow the six (6) units to have their rear yard abutting Meadowglade Road
and the front of the dwelling facing Shuttleworth Drive. Access to the units was originally
intended to be from Shuttleworth Drive and therefore the subject application will not
have a significant effect on traffic patterns. Shuttleworth Drive meets the Municipality's
standard width for a local road. An on-street parking plan was prepared prior to draft
approval and the capacity for on-street parking was considered sufficient.
9.3 A Noise Impact Study was submitted in support of the rezoning application to address
the noise from Meadowglade Road. The study found that noise levels for the outdoor
amenity space (rear yards) exceeds the levels permitted by the Ministry of Environment
and will therefore require mitigation measures in the form of noise fencing along the rear
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Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report #: PSD-081-07 File #: ZBA 2006-0021 By-law #:
Subject: ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER
ZONE TO AN AGRICULTURAL ZONE
APPLICANT: JAMES TOSSWILL AND EMILY WILSON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-081-07 be received;
2. THAT the rezoning application submitted by James Tosswill and Emily Wilson be
APPROVED;
3. THAT the amending By-law attached be forwarded to Council for APPROVAL;
4. THAT a copy of Report PSD-081-07 and the attached amending By-law be forwarded to
the Durham Region Planning Department; and,
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by: i ww Reviewed by:
Da,-Ad . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
SA/CP/DJC/df/jd
June 12, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-081-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: James Tosswill and Emily Wilson
1.2 Proposal: To rezone the subject lands from the "Rural Cluster Exception (RC-
2) Zone" and "Environmental Protection (EP) Zone" to an
Agricultural zone to permit the keeping of livestock.
1.3 Site Area: 2.74 ha
1.4 Location: The subject lands are located at 7254 Langstaff Road (Attachment
1). The property is contained within Part Lot 5, Concession 7, in
the former Township of Clarke.
2.0 BACKGROUND
2.1 On July 7, 2006, the applicant/owner submitted an application to the Municipality of
Clarington to rezone the subject lot at 7254 Langstaff Road to permit the keeping of
horses on the property. The applicant intends to have pasture/corral for grazing horses,
and at this time does not intend to construct a barn or any other agricultural type
building.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 Currently there is a single detached dwelling located on the subject property. The
property has been identified by the Ganaraska Region Conservation Authority as having
some lands within the Provincially Significant Kendal Wetland Complex (PSW). The
horses are currently contained in paddocks in the rear yard of the dwelling, outside the
PSW.
3.2 Surrounding Uses:
North: existing rural cluster lot— vacant
South: existing rural cluster lot— vacant
East: agricultural
West: agricultural
4.0 PROVINCIAL POLICIES
4.1 Provincial Policy Statement
The Provincial Policy Statement 2005 (PPS) states that prime agricultural lands are to
be protected and that development and site alteration shall not be permitted in
significant wetlands.
REPORT NO.: PSD-081-07 Page 3
4.2 Greenbelt Plan
The Greenbelt Plan identifies the subject property as being within the Greenbelt area
and within a Natural Heritage System. The Natural Heritage System is an area with a
high concentration of Key Natural Heritage Features and Key Hydrologic Features,
which include both significant woodlands and wetlands. This property contains both a
significant valleyland and a provincially significant wetland.
New development or site alteration is not permitted in key hydrologic features and key
natural heritage features. However, the applicant is not proposing any new built form.
There is an existing pasture area on the property, and the applicant is not proposing any
site alteration. Also, this application is seeking to rezone the property into conformity
with the Regional and local Official Plans, which do not contain a Cluster designation.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The lands are designated "Prime Agricultural Areas" in the Durham Regional Official
Plan. The Regional Official Plan does not recognize the rural cluster zoning, as the
policies of this plan do not permit rural clusters within Prime Agricultural Area
designations.
5.2 Clarington Official Plan
The lands are designated "General Agricultural" and "Environmental Protection Area" in
the Clarington Official Plan. A Rural Residential Cluster symbol was proposed in the
Clarington Official Plan during the Oak Ridges conformity exercise (Amendment No.
34). However, the Region, as the approval authority, modified OPA 34 to delete the
cluster designation prior to approval of the conformity amendment.
The Official Plan recognizes a portion of the site as a Significant Valleyland and a
Provincially Significant Wetland (PSW).
Any development in or within 120 metres of a significant woodland or a significant
natural heritage feature that has been identified by the Province requires an
Environmental Impact Study (EIS). As noted above, this is not development in the
sense of buildings intensifying the property. There are existing pasture areas on the
property, the existing dwelling is located between the pasture and the wetland and the
pasture area appears to be fenced on all four sides, restricting access from the pasture
to the wetland area.
6.0 ZONING BY-LAW
6.1 The subject lands are currently zoned "Rural Cluster Exception (RC-2) Zone" and
"Environmental Protection (EP) Zone". The applicant has requested to permit
agricultural uses, specifically the keeping of horses for summer grazing.
REPORT NO.: PSD-081-07 Page 4
6.2 The rural cluster use on the subject property was established in 1983, by amendment to
the Township of Clarke Zoning By-law, By-law 1592 (May 23, 1968). This amendment
zoned the property "Agricultural Exception (A-15) which permitted one single family
dwelling per lot, building and structures accessory there to, on lots a minimum of 1.94
ha in area. Two areas noted as Block 1 and Block 2 in the zoning amendment
prohibited buildings, structures, septic tanks and tile beds on those lands within Block 1
and 2. The current zoning by-law indicates these lands as Environmental Protection
(EP), which also prohibits buildings or structures in this area.
7.0 PUBLIC SUBMISSION
7.1 A Public Meeting was held on September 18, 2006. One objection was received from
Mr. Fitze, the adjoining property owner to the west. The concern is that this is a long
established rural residential cluster and the neighbour does not consider the
introduction of livestock advisable. Since the horses have arrived in late June of 2006
they have noticed a substantial increase in the number of flies at their dwelling. The
property does not appear large enough to accommodate the seven (7) horses they have
noted grazing. The fencing is inadequate as the horses have been noted in a
neighbouring cash crop field. The neighbour also mentioned concerns regarding their
well water and potential contamination.
The neighbour's concerns are addressed in Section 9.4.
8.0 AGENCY COMMENTS
8.1 The Ganaraska Region Conservation Authority in their review of the application noted
that a portion of the property is located within a Provincially Significant Wetland (PSW),
the Kendal Wetland Complex and a portion of the property is within a Regional Storm
flood plain (see map next page).
REPORT NO.: PSD-081-07 Page 5
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8.2 Comments from the Regional Planning Department offer no objection to this application.
It was at their instigation that the Cluster symbol was removed from this area, returning
the lands to an agricultural land use designation. The Region suggests that fencing be
used to keep the animals from the wetland/creek area of the property.
8.3 The Regional Health Department has no objection to the keeping of horses on this
property.
8.4 All other agencies/departments circulated had no objection to this application.
9.0 STAFF COMMENTS
9.1 The current owner, Mr. Tosswill, purchased the property in 1999. At that time the
property was vacant. A building permit was obtained for a dwelling with an attached
garage, and the building was constructed later that same year. The following ortho
photo indicates the location of the dwelling and it's proximity to the creek.
REPORT NO.: PSD-081-07 Page 6
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9.2 The subject property is subject to a right-of-way for a means of access to the Fitze farm
property located to the west of the subject lot, at 7222 Langstaff Road. The lane way is
evident located along the south property line in the photo above.
9.3 The applicant has indicated that at this time there is no intention to construct any farm
buildings to house the horses. His intent through the rezoning application is to permit
the horses to graze on the property.
A site inspection of the property noted that the pasture/corral area in which seven
horses are contained is enclosed with an electrical fence. The area appeared to be
cordoned into two distinct areas with horses in each.
9.4 Concerns were raised both in writing and at the public meeting by an abutting property
owner. These concerns included: the Nutrient Management Act requirements, Minimum
Distance Separation requirements, Clarington's By-law 99-90 (a by-law to licence,
regulate and prohibit certain animals or classes thereof within the limits of the
Municipality of Clarington) requirements and Health Department requirements.
i) The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) staff have indicated
that the Nutrient Management system is not applicable as the applicant is not
proposing any buildings or structures to house the horses at this time.
ii) Minimum Distance Separation (MDS) Formulae are used to calculate the
minimum required separation between a building housing livestock or a manure
storage area and a residence on a neighbouring property. These policies are only
applicable to a building or structure, not to a fenced in pasture area. As noted
REPORT NO.: PSD-081-07 Page 7
noted above, the applicant is not proposing any buildings or structures to house
the horses, thus MDS is not applicable.
iii) Clarington's By-law 99-90 is a by-law to licence, regulate and prohibit certain
animals or classes thereof within the limits of the Municipality of Clarington. The
definition of "ANIMAL" within By-law 99-90 states, "that animal shall include all
mammals, and in Section 12.2 that "where an animal is customarily kept out-of-
doors, the owner shall at all times provide for the use of the animal a structurally
sound, weatherproof, insulated enclosure with off-the-ground flooring." However,
the Farming and Food Production Protection Act, 1998 states in Section 6(1) that
"no municipal by-law applies to restrict a normal farm practice carried on as part
of an agricultural operation." Staff sought legal opinion on this statement and
were advised that our by-law (By-law 99-90) cannot supersede provincial
legislation regarding normal farm practices.
iv) The Ministry of Agriculture, Food and Rural Affairs does not regulate housing for
horses or have a minimum lot area requirement per type and number of
livestock. The Ministry does recommend housing for horses for winter months,
however, these horses are kept at a farm outside the Municipality of Clarington
from October to May and thus shelter is not required. There are no requirements
for summer shelter.
9.5 If the property owner wishes to construct a farm building to house horses a further
zoning amendment would be necessary. If that were to occur, the Clarington Official
Plan policies and the MDS setbacks would apply. The building permit would require a
Nutrient Management Strategy to be undertaken by a qualified professional prior to
issuance of the building permit. Manure storage would be a key component of the
analysis for MDS and Nutrient Management.
9.6 A complaint was filed with the Ontario Society for the Prevention of Cruelty to Animals in
August of 2006 regarding the horses being kept at 7254 Langstaff Road. Planning Staff
were provided with a copy of the complaint and the outcome. The complaint was
regarding the keeping of horses in too small and area with inadequate food, shade or
water. The complaint was deemed to be false and the investigator noted the horses
were very fit and that the conditions were clean and acceptable. There were no grounds
for any action or OSPCA orders.
9.7 This area of Clarington, surrounding the subject property, is to a large extent used for
agriculture as is evidenced in the ortho photo (2005) following. For example, there are
cattle kept on a 66 ha (165 ac) farm directly east across Langstaff Road from the
subject property. The change in use from rural residential to agricultural would be in
keeping with the area.
REPORT NO.: PSD-081-07 Page 8
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9.8 Both abutting properties, north and south, are currently vacant. The introduction of a
pasture for horses will not limit the development of these properties. Both properties will
still be permitted a single detached dwelling and accessory uses in keeping with the
zoning by-law regulations.
10.0 RECOMMENDATION
10.1 It is respectfully recommended that the zoning by-law amendment application be
APPROVED.
Attachments:
Attachment 1 — Key Map
Attachment 2 — By-law Amendment
Interested parties to be notified of Council and Committee's decision:
James Tosswill & Emily Wilson
Paul Freddy Fitze
Property Location Map(Former Clarke Twp.)
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Attachment 2
To Report PSD-081-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law
for the former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA2006-0021;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL ZONE" is hereby
amended by adding thereto the following new Special Exception 15.4.79 as
follows:
"6.4.79 AGRICULTURAL EXCEPTION (A-79)ZONE
Notwithstanding Section 6.1b. those lands zoned "A-79" on the
attached Schedule to this By-law shall be subject to the following zone
regulations:
a) Permitted Uses:
i) a farm exclusive of any buildings to house livestock
2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from "Rural Cluster Exception (RC-2) Zone" to
"Agricultural Exception (A-79) Zone" as illustrated on the attached Schedule "A"
hereto.
3. Schedule"A" attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a 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
This is Schedule "A" to By-law 2007- ,
passed this day of . 2007 A.D.
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Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
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the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report M PSD-082-07 File #: ZBA 2004-029 By-law #:
(X-Ref: SPA 2004-019)
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A MIXED USE
DEVELOPMENT
APPLICANT: PRESTONVALE HEIGHTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-082-07 be received;
2. THAT the rezoning application submitted by Prestonvale Heights Limited be APPROVED and
that the attached Zoning By-law Amendment be PASSED by Council;
3. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time as all
the conditions related to the development of these lands have been fulfilled;
4. THAT a copy of Report PSD-082-07, and the attached amending By-law be forwarded to the
Durham Regional Planning Department and the Municipal Property Assessment Corporation;
and,
5. THAT the Region of Durham, the applicant, all interested parties listed in this report and any
delegations be advised of Council's decision and forwarded a Notice of Adoption.
Submitted by: Reviewed b \ J `k_ "l
W10/i. Crome, M.C.I.P., R.P.P. Franklin Wu
D ctor, Planning Services ChiQf Administrative Officer
SA2/CP/DJC/df
12 June 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-082-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Prestonvale Heights Limited
1.2 Agent: Sernas Associates
1.3 Rezoning: To rezone the subject lands from "Agricultural (A)" Zone to an appropriate
zone to permit the development of a commercial/residential mixed
development with 1020 m2 of ground floor commercial space and eight (8)
residential units on the second floor.
1.4 Area: 0.679 hectares (6790 m2)
1.5 Location: 15 Rosswell Drive, Block 187, registered Plan of Subdivision Plan 40M-
2148, located on the east side of Rosswell Drive, south of Bloor Street and
north of Dewell Crescent.
2.0 BACKGROUND
2.1 On June 7, 2004, Prestonvale Heights Limited submitted a rezoning application and site
plan application for 15 Rosswell Drive located on Block 187 within 40M-2148, to permit
a two storey mixed use development with 1020 m2 of ground floor commercial space
and eight (8) residential units on the second floor.
2.2 The processing of the subject applications was delayed because the applicant was
pursuing an alternate avenue for the development which would have provided a single
commercial use for the site. However, earlier this year, the applicant reverted back to
the original proposal and as such, staff are proceeding with the processing of the
applications.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property is currently vacant and is located within a registered plan of subdivision.
The lands are bound by Rosswell Drive on the west, Bloor Street to the north and
Dewell Crescent to the south.
3.2 The surrounding uses are as follows:
North - Vacant Secondary School Site
South - Residential
East - Vacant Secondary School Site
West - Residential
4.0 OFFICIAL PLANS
4.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. Living
REPORT NO.: PSD-082-07 PAGE 3
Areas shall be used predominantly for residential purposes. Limited office development
and retailing of goods and services may be permitted in appropriate locations as
components of mixed-use developments, provided that Local Central Areas are
designated in the area Municipal Official Plan. The development proposal for a
commercial/residential mixed use development conforms.
4.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands as Neighbourhood Centre.
Neighbourhood Centres are to serve as focal points for residential communities and
provide for day to day retail and service needs. The maximum gross leasable floorspace
in any one Neighbourhood Centre shall be 5000 m2. This designation encourages
mixed-used developments with a range of retail and service uses that are limited in
scale and are appropriate to be located adjacent to residential areas.
This development is also subject to the following site development criteria and urban
design principles that are identified in section 10.6.4 of the Official Plan for
Neighbourhood Centres. These policies require the development to provide for the
following:
• a maximum floorspace index of 0.30 for retail uses;
• a maximum combined floorspace index of 0.50 where there are second storey
office or residential uses;
• a maximum gross leasable floor area of 500 m2 for any individual store;
• street-related buildings forms are preferred but as a minimum, direct pedestrian
access will be provided from the street to some stores within 4 metres of the
streetline;
• land use compatibility between commercial and residential buildings shall be
achieved through appropriate building siting, design and landscape treatment;
• high quality landscape treatment shall be provided;
• building form and siting shall minimize the impacts of noise, wind and shadows
and shall enhance views of landmark buildings, parks and open space;
• refuse collection areas will be internal to building;
• loading areas and refuse collection areas shall be unobtrusive, anticipated noise
impacts will be mitigated, the areas will be screened where necessary and shall
generally be located at the side or rear of the building; and
• common vehicular access and internal circulation including service lanes
connecting and abutting properties should be provided where possible.
5.0 ZONING BY-LAW
5.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" zone which does not
permit the proposed mixed-use development. In order to permit the proposed
development, a rezoning application was submitted for consideration.
REPORT NO.: PSD-082-07 PAGE 4
6.0 AGENCY COMMENTS
6.1 Clarington Emergency Services, Rogers Cable and Enbridge Gas offered no concerns
or objections to this proposal.
6.2 Clarington Engineering Services Department has no objection to the proposal in
principle, however, they have provided a number of comments which need to be
addressed through the related site plan approval process. The following highlights some
of the comments:
• Actual development on the subject lands cannot occur until the adjacent urban
road network has been constructed to a standard that is acceptable to the
Director of Engineering and the Region of Durham Works Department;
• All of the on-site storm sewer services must be compatible with the engineering
design that is ultimately approved for the adjacent roadways;
• The maximum depth of ponding in the parking areas must be identified. Storm
sewer design sheets must be submitted in support of this application; and
• The applicant must enter into a development agreement with the Municipality
which includes all requirements of the Engineering Services Department
regarding the engineering and construction of all internal and external works and
services related to this proposal.
6.3 The Clarington Building Services Division offered no objection to the rezoning but
provided design comments to be addressed prior to site plan approval.
• A barrier-free path of travel will be required to the main entrances of the building
from the barrier-free parking spaces. A curb ramp per the Ontario Building Code
will be required from the driveway to the top of the sidewalk at 3 locations near
the barrier-free parking spaces. The elevation of the sidewalk at the main
entrance to the building must be level with the floor elevation of the building.
• The building must be located not less than 3m and not more than 15m from the
fire access route as required by the Ontario Building Code.
6.4 Durham Regional Planning and Durham Regional Works advised they have no
objection to the application. The Regional Official Plan designation allows for
commercial uses in appropriate locations, as components of mixed-use development.
Municipal water supply is available from an existing watermain located on Rosswell
Drive. Municipal sanitary sewers are also available from an existing sewer on Rosswell
Drive. The applicant will be required to submit site servicing drawings to the Region for
approval prior to the issuance of the building permit by the area Municipality. The
subject site abuts Bloor Street, a Type `A' arterial road. A noise study is recommended
to review the impact of vehicular noise on the proposed residential development.
6.5 The Central Lake Ontario Conservation Authority reviewed the subject application and
advised that the subject site is located within the Robinson Creek Watershed. The
Robinson Creek Master Drainage Plan indicates that the storm drainage from this
location is to be conveyed to the existing facility within the Robinson Ridge subdivision.
REPORT NO.: PSD-082-07 PAGE 5
CLOCA requests that the consulting engineer provide confirmation that the existing
facility has been designed to accommodate stormwater flows from the site and provide
both water quantity and quality treatment of these flows. CLOCA requests that the
consulting engineer identify on the submitted grading plans, the proposed major
overland flow routes within the proposed site and demonstrate that there are no adverse
impacts due to the proposed building. They also require an Erosion and Sediment
Control Plan submitted for their approval. Prior to any filling and/or grading on the
subject site, the written approval of the Authority is required.
6.6 Bell Canada indicated that they will require one or more conduits of sufficient size from
each unit to room(s) in which the telecommunication facilities are situated and one or
more conduits from the room(s) in which the telecommunication facilities are located to
the street line.
7.0 STAFF COMMENTS
7.1 The application is to permit a mixed-use development on a triangular parcel of land
bound by three roads. The use is consistent with the land use designation and the draft
approved plan of subdivision.
7.2 Staff has met with the applicant and their design team to address concerns that the
proposed development did not meet the urban design principles contained in the Official
Plan. After considerable consultation, staff and the applicant have agreed upon design
modifications to the original proposal that satisfy both parties. Attachment 2 depicts the
latest version of the proposed building elevations. The elevations will be subject to
further changes prior to the execution of site plan approval.
7.3 The entrance feature for the southeast corner of Bloor Street and Rosswell Drive has
been upgraded from the original proposal to include an entryway structure identifying
the development, diverse beds of planting and trees, related benches and paving
patterns, wrought iron fencing and decorative pillars, and direct pedestrian access to the
development itself.
7.4 The Clarington Official Plan policies for Neighbourhood Centres require direct
pedestrian access between the street and some stores within 4.0 metres of the street
line. Due to the irregular lot shape direct access to the residential units has been
provided, but not the commercial units. However, an adequate network of pedestrian
connections which allow for safe pedestrian movement has been provided. Staff has
found this to be a suitable substitute.
7.5 The rezoning will maintain a Holding (H) symbol until such time as staff is satisfied that
all the issues related to site plan approval of the development of these lands have been
fulfilled.
REPORT NO.: PSD-082-07 PAGE 6
8.0 CONCLUSION
8.1 Staff has not received any objections as a result of the agency circulation or public
notice. The concerns expressed by staff pertaining to urban design have been resolved
to the satisfaction of the Municipality. The agency comments that have yet to be
addressed can be dealt with through the site plan approval process. At this time, Staff
respectfully recommends that the application to rezone the subject lands from
"Agricultural (A)" Zone to "Holding - Neighbourhood Commercial Exception ((H) C2-10)"
Zone to permit a commercial/residential mixed-use development be APPROVED.
Attachment:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed Elevations
List of interested parties to be advised of Council's decision:
Prestonvale Heights Limited
Sernas Associates
Hugh Neil
Robin Gailbraith
Attachment 1
To Report PSD-082-07
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Attachment 3
To Report PSD-082-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA 2004-029;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 17.5 "SPECIAL EXCEPTIONS — NEIGHBOURHOOD COMMERCIAL
ZONE" is hereby amended by introducing a new Subsection 17.5.10 as follows:
"17.5.10 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-10)ZONE"
Notwithstanding Section 17.1 those lands zoned (C2-10) as shown on the
Schedules to this By-law may in addition to other uses permitted in the "C2"
Zone, permit a convenience store.
Notwithstanding Section 17.3 those lands zoned (C2-10) as shown on the
Schedules to this By-law shall be subject to following zone regulations:
a) Regulations for Non-Residential Uses:
i) Total Floor Area(maximum) 1050 m2
ii) Setback from south Street Line (minimum) 4.0 metres
2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A)" Zone to "Holding - Neighbourhood Commercial Exception ((H)
C2-10)Zone"as shown on the attached Schedule"A"hereto.
3. Schedule"A"attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a second time this day of 2007
BY-LAW read a third time and finally passed this day of 2007
Jim Abernethy, Mayor
Patti Barrie, Clerk
This is Schedule "A" to By-law 2007- ,
passed this day of , 2007 A.D.
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DEWELL CRESCENT 77
® Zoning Change From "A"To "(H)C2-10"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
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Courtice
•
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report#: PSD-083-07 File #: ZBA 2007-0024 By-law#:
Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 289143 ONTARIO LIMITED - WESTVALE
18T-95023 (PHASE 3)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-083-07 be received;
2. THAT the application submitted by 289143 Ontario Limited to remove the
Holding (H) symbol for Lots 1 to 77, Blocks 78 to 94, all inclusive as shown on
the draft 40M-Plan for Phase Three (3) of Draft Approved Plan of Subdivision
18T-95023 be APPROVED; and that the attached By-law to remove the Holding
(H) symbol be passed and a copy forwarded to the Regional Municipality of
Durham Planning Department;
3. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
i
Submitted by. Reviewed by.
D i . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
LT/DJC/sh
May 28, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-083-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 289143 Ontario Limited (Westvale)
1.2 Location: Part of Lots 33 and 34, Concession 1, former Township of
Darlington (Attachment 1).
1.3 Rezoning: Removal of Holding (H) symbol from "Holding — Urban Residential
Exception ((H)R1-41), ((H)R2-11) and ((H)R2-12)", and "Holding —
Urban Residential Type Three ((H)R3)" zones.
2.0 BACKGROUND
2.1 On May 4, 2007, staff received an application from 289143 Ontario Limited for
the removal of the "Holding (H) symbol on Lots 1 to 77, Blocks 78 to 94, all
inclusive as shown on the draft 40M-Plan (Phase 3) for Draft Approved Plan of
Subdivision 18T-95023. The Owner has indicated they are ready to proceed with
the registration and construction of this phase, thus the necessity for the
application.
2.2 Staff would note, the removal of the holding symbol is only being proposed for
those lots/blocks within the draft plan that comply with the provisions of the
Zoning By-law and can proceed through to registration and the issuance of
building permits without requiring land or access from adjacent properties. Block
95 as shown on the draft 40M Plan will require site plan approval for the
proposed 50 units before the holding symbol on the ((H)R4) zoning category is
removed. The parcel of land identified on the key map and zoning schedule as
"not part of application" was transferred to the Municipality for park purposes with
the first phase of registration under plan 40M-2178.
3.0 STAFF COMMENTS
3.1 Following an Ontario Municipal Board hearing held in September 1996 a Board
Order was issued October 4, 1996 issuing Draft Approval of Plan of Subdivision
18T-95023. The applicant has entered into a subdivision agreement with the
Municipality. Provisions within the agreement require the developer to ensure
that sufficient financial guarantees are provided to the Municipality for the
completion of all works on the site.
3.2 The subject property as noted in paragraph 1.3 is presently zoned within four (4)
zoning categories; each of which has a holding symbol. Policies within the
Municipality's Official Plan permit the use of holding symbols to ensure that prior
to development the following matters are addressed and approved to the
satisfaction of the Municipality:
REPORT NO.: PSD-083-07 PAGE 3
• Services and municipal works;
• Measures to protect natural area;
• Measures to mitigate the impact of development;
• Submission of technical studies;
• Execution of appropriate agreements; and/or
• Any other requirements as may be deemed necessary by Council
including the implementation of the policies of this plan.
Similarly, within the Region's Official Plan, policies are in place noting that prior
to a local Municipality's passage of a by-law to remove a holding symbol, Council
is to ensure that:
• The development is consistent with the orderly and phased development
of the Municipality;
• The Owner has satisfied all of the requirements of the Municipality and
entered into any necessary agreements in that regard; and
• The Owner has satisfied all the requirements of the Regional Municipality
of Durham with respect to the provisions of sewer and water services,
regional roads and entered into any necessary agreements.
The approval of a by-law to remove the holding symbol is appropriate at this
time, as the provisions within the Municipality's and Region's Official Plan have
been satisfied.
3.3 The Finance Department has advised that taxes on the site are current.
4.0 RECOMMENDATIONS
4.1 In consideration of the comments noted above, approval of the removal of the
"Holding (H)" symbol, as shown on the attached by-law and schedule
(Attachment 2), is recommended.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of"Holding (H)" symbol
List of interested parties to be advised of Council's decision:
289143 Ontario Limited
G.M. Sernas & Associates.
Property Location Map(Courtice)
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ZONING BY-LAW AMENDMENT _0
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Attachment 2
To Report PSD-083-07
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended,of the Corporation of the Municipality of
Clarington to implement plan of subdivision 18T-95023.
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "A" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Holding — Urban Residential Type Three ((H) R3)" to "Urban Residential Type
Three(R3)"
"Holding — Urban Residential Exception ((H) R2-12)" to "Urban Residential Type
Exception (R2-12)"
"Holding — Urban Residential Exception ((H)R2-11)" to "Urban Residential
Exception (R2-11)".
"Holding — Urban Residential Exception ((H)R1-41)" to "Urban Residential
Exception (R141)".
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a 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
This is Schedule to = y-law 200
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•
Clarineon
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, June 18, 2007
Report#: PSD-084-07 File No's: A2007-0010, & A2007-0024, By-law#:
To A2007-0026 Inclusive
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JUNE 7, 2007
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-084-07 be received; and,
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
June 7, 2007 for Applications A2007-0010, and A2007-0024 to A2007-0026 inclusive
and that Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
Submitted by: Reviewed by
David . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
PW*CP*DC*sh
8 June 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-084-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
JUNE 7, 2007
Application Number Staff Recommendation Decision of Committee
A2007-0010 Close without prejudice Closed without prejudice
A2007-0024 Approve with conditions, Approved with conditions,
Amend application and Amended application and
Table amended portion Tabled amended portion
A2007-0025 Approve Approved
A2007-0026 Approve Approved
1.2 Application A2007-0010 was filed to permit the construction of an automotive dealership
by reducing the required interior side yard setback from 36 metres to 26 metres for a
building with a front yard setback in excess of 68 metres.
This application was originally heard by the Committee on April 19th at which time a
number of residents presented a signed petition outlining a number of concerns they
had with the proposed development. At that time the application was tabled for up to
one year to allow the applicant time to address the neighbour's concerns.
On May 2, 2007, a letter was received from the applicant requesting that the file be
closed. The applicant has indicated that they are prepared to revise their development
proposal to comply with the existing zoning regulations.
1.3 Application A2007-0024 was filed to permit the construction of an in-ground swimming
pool by reducing the required exterior side yard setback from 6 metres to 3.5 metres.
During the site inspection of the subject property conducted by Staff it was discovered
that there is an existing garden shed which does not appear to comply with setback
requirements in the Zoning By-law. Following discussions with the applicant it was
determined that the original variance application for the in-ground swimming pool, could
be decided by Committee while amending the application to address the existing shed
at a future date.
REPORT NO.: PSD-084-07 PAGE 3
The Committee chose to follow Staffs recommendations and approve the reduced
exterior side yard for the in-ground swimming pool subject to the condition that a pool
enclosure permit be issued prior to its construction. At the same time the Committee
also chose to amend the application, at the applicant's request, to include the existing
shed and tabled the portion of the application relating to the shed for up to sixty (60)
days to allow the applicant time to provide all necessary information to Planning
Services.
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2007-0010, A2007-0024, A2007-0025 and A2007-0026, are in conformity with both
Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature
and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2007-0010, A2007-0024, A2007-0025 and A2007-0026, is required in
order to afford Staff official status before the Ontario Municipal Board in the event of an
appeal of any decision of the Committee of Adjustment.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
Attachment 1
To Report PSD-084-07
ciffbewn
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: ROBERT OWEN HOLDINGS LTD
OWNER: ROBERT OWEN HOLDINGS LTD
PROPERTY LOCATION: 2728 COURTICE ROAD, COURTICE
PART LOT 29, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2007-0010
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN AUTOMOTIVE DEALERSHIP BY
REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 36 METRES
TO 26 METRES FOR A BUILDING WITH A FRONT YARD SETBACK IN EXCESS OF
68 METRES.
DECISION OF COMMITTEE:
TO CLOSE THE APPLICATION WITHOUT PREJUDICE AT THE REQUEST OF THE
APPLICANT.
DATE OF DECISION: June 7, 2007
LAST DAY OF APPEAL: June 27, 2007
•
arm n
Lending the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: LOUISE CHERRY
OWNER: LOUISE CHERRY
PROPERTY LOCATION: 23 AVONDALE DRIVE, COURTICE
PART LOT 30, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2007-0024
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE
REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3.5 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE CONSTRUCTION OF AN IN-GROUND SWIMMING POOL BY
REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 M TO 3.5 M,
SUBJECT TO THE CONDITION THAT THE APPLICANT OBTAIN A POOL ENCLOSURE
PERMIT PRIOR TO CONSTRUCTION OF THE IN-GROUND SWIMMING POOL, AS IT IS
MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-
LAW AND BOTH OFFICIAL PLANS; AND TO AMEND THE APPLICATION TO INCLUDE THE
EXISTING SHED ON THE PROPERTY AND THAT THIS PORTION OF THE APPLICATION
BE TABLED FOR UP TO SIXTY (60) DAYS TO PERMIT THE APPLICANT TIME TO
PROVIDE PLANNING SERVICES WITH APPROPRIATE INFORMATION REGARDING THE
SHED.
DATE OF DECISION: June 7, 2007
LAST DAY OF APPEAL: June 27, 2007
•
Clarbaon
Lending the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: SERNAS ASSOCIATES
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 2384 HIGHWAY 2, BOWMANVILLE
PART LOT 16, CONCESSION 1
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2007-0025
PURPOSE:
THE APPLICATION SEEKS THE FOLLOWING CHANGES:
• TO ELIMINATE THE REQUIREMENT FOR LANDSCAPE STRIPS IN THE SOUTH
ENDS OF TWO ROWS OF PARKING SPACES BETWEEN BUILDING "E" AND
BUILDING "H";
• TO REDUCE THE WIDTH OF TWO LANDSCAPE STRIPS FROM 2.5 METRES TO
1.5 METRES LOCATED AT THE NORTH END OF THE PARKING ROWS BETWEEN
BUILDING "E" AND BUILDING "H";
• TO REDUCE THE DIMENSIONS OF THE LOADING SPACE REQUIREMENTS ON
THE EAST SIDE OF BUILDING "H" FROM 4 METRES BY 11 METRES TO 3
METRES BY 7.5 METRES; AND,
• TO ELIMINATE THE REQUIREMENT FOR A SCREENING WALL FOR THE
LOADING SPACE AREA LOCATED ON THE EAST SIDE OF BUILDING "H".
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO:
• TO ELIMINATE THE REQUIREMENT FOR LANDSCAPING STRIPS IN
THE SOUTH ENDS OF TWO ROWS OF PARKING SPACES BETWEEN
BUILDING "E"AND BUILDING "H";
• TO REDUCE THE WIDTH OF TWO LANDSCAPING STRIPS FROM 2.5
METRES TO 1.5 METRES LOCATED AT THE NORTH END OF THE
PARKING ROWS BETWEEN BUILDING "E" AND BUILDING "H";
• TO REDUCE THE DIMENSIONS OF THE LOADING SPACE REQUIRED
ON THE EAST SIDE OF BUILDING "H" FROM 4 METRES BY 11 METRES
TO 3 METRES BY 7.5 METRES; AND
• TO ELIMINATE THE REQUIREMENT FOR A SCREENING WALL FOR
THE LOADING SPACE AREA LOCATED ON THE EAST SIDE OF
BUILDING "H"
AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE ZONING BY-LAW
AND BOTH OFFICIAL PLANS.
DATE OF DECISION: June 7, 2007
LAST DAY OF APPEAL: June 27, 2007
Ciarinvon
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: JEAN-CLAUDE BOUHENIC
OWNER: JEAN-CLAUDE BOUHENIC
PROPERTY LOCATION: 7486 CARSCADDEN ROAD, CLARKE
PART LOT 15, CONCESSION 7
FORMER TOWN(SHIP) OF CLARKE
FILE NO.: A2007-0026
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN EIGHT (8) HORSE BARN AND RIDING
ARENA BY REDUCING THE AGRICULTURAL SETBACK REQUIRED BETWEEN AN
AGRICULTURAL BUILDING AND A RURAL RESIDENTIAL DWELLING FROM 300
METRES TO 267 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE CONSTRUCTION OF AN EIGHT (8) HORSE BARN AND RIDING
ARENA BY REDUCING THE AGRICULTURAL SETBACK REQUIRED BETWEEN AN
AGRICULTURAL BUILDING AND A RURAL RESIDENTIAL DWELLING FROM 300
METRES TO 267 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS
TO THE ZONING BY-LAW AND BOTH OFFICIAL PLANS.
DATE OF DECISION: June 7, 2007
LAST DAY OF APPEAL: June 27, 2007
lCarb,AOR
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report#: PSD-085-07 File #: ZBA 2007-0028 By-law#:
Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: HALLOWAY HOLDINGS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-085-07 be received;
2. THAT the application submitted by Halloway Holdings Limited to remove the Holding (H)
symbol be APPROVED for Parts 6, 7, 8, and 18 on Reference Plan 40R-24257 and a
portion of Parts 5, 9, 13, 14, and 23 on Reference Plan 40R-24257;
3. THAT the attached by-law to remove the Holding (H) symbol be PASSED and a copy
forwarded to the Regional Municipality of Durham; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed b�_ ` Z)' -
Davi J. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
RH/COS/DJC/df
12 June 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-085-07 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Halloway Holdings Limited
1.2 Rezoning: Removal of"Holding (H)" symbol
1.3 Location: Part of Lot 16, Concession 1, former Township of Darlington
(Attachment 1)
2.0 BACKGROUND
2.1 On May 14th, 2007, Staff received an application from Halloway Holdings Limited
for the removal of the "Holding (H)" symbol on Parts 6, 7, 8, and 18 on Reference
Plan 40R-24257 and portion of Parts 5, 9, 13, 14, and 23 on Reference Plan
40R-24257. The removal of the holding symbol would permit the development of
three street-related commercial buildings along Durham Highway 2 totalling
1,959 m2 of retail commercial floorspace. These are shown as Buildings "D", "E",
and "H" on Attachment 1. The applicant has submitted a site plan application
(SPA 2007-0022) for approval of these three buildings.
3.0 STAFF COMMENTS
3.1 The proposed development is located within the West Bowmanville Town Centre
at 2372, 2378, and 2384 Durham Highway 2. Policies have now been approved
by the Ontario Municipal Board to permit approximately 55,000 m2 of additional
retail and personal service floorspace in the form of street-related and large
format commercial development to proceed.
3.2 Prior to approval of commercial development on the subject lands, Halloway
Holdings Limited entered into the Principles of Understanding with Municipality,
which outline the requirements that the applicant must fulfil for development to
proceed on the subject lands. The document outlines the planning procedures
and financial obligations for approval of development.
3.3 On April 23, 2007, Holloway Holdings Limited and the Municipality of Clarington
entered into a Subdivision/Consent Agreement, which dealt with the following
matters:
• Approval of the engineering drawings for on-site and off-site engineering
work;
• Financial securities for entrance and road works on Clarington Boulevard;
• Financial contributions towards the Newcastle and Orono Business
Improvement Areas;
• Construction of Private Road "C" through the property; and,
• Payments towards the construction of Stevens Road, streetscape
improvements on Durham Highway 2.
REPORT NO.: PSD-085-07 PAGE 3
The engineering approvals contained in this Agreement will continue to govern
development on the subject lands.
3.4 The portion of the subject property proposed for development is presently zoned
"Holding — Large Format Commercial Exception ((H)C8-3) Zone" and "Holding —
Street-Related Commercial Exception ((H)C9-3) Zone". Specific policies for the
Bowmanville West Town Centre Secondary Plan permit the use of holding
symbols. In addition, the Principles of Understanding also contain procedures
and obligations that must be fulfilled prior to Council considering removal of the
holding symbol. The applicant must therefore address the following matters to
the satisfaction of the Municipality:
• The applicant will execute a site plan agreement, which governs site
development, building form, landscaping works, and lighting. Financial
securities for landscaping works will be administered through this
agreement. Staff will obtain landscape maintenance and snow removal
programs for the development. A cash-in-lieu of parkland dedication
payment will also be received from the applicant through this agreement.
• The applicant has satisfied the specific urban design requirements through
the building elevations, which include special exterior treatment, building
articulation, and parapet walls to screen rooftop mechanical units.
3.5 Similarly, within the Region's Official Plan, policies are in place noting that prior
to a local Municipality's passage of a by-law to remove a holding symbol, Council
is to ensure that:
• The development is consistent with the orderly and phased development
of the Municipality;
• The Owner has satisfied all of the requirements of the Municipality and
entered into any necessary agreements in that regard; and
• The Owner has satisfied all the requirements of the Regional Municipality
of Durham with respect to the provisions of sewer and water services,
regional roads and entered into any necessary agreements.
3.6 Halloway Holdings Limited has secured three tenants for Building "H" and a
single use tenant for Building "D". While Halloway has not yet secured a tenant
for Building "E", Staff feel that the holding "H" symbol can be removed for the
entire area as requested. While Building "E" cannot be approved in its final form
at this time, the applicant will have to submit a site plan amendment to permit
final development of this building pad.
3.7 The approval of a by-law to remove the holding symbol is appropriate at this
time, as the provisions within the Municipality's and Region's Official Plan, as
well as the Principles of Understanding with the applicant, will be satisfied
shortly. This will allow the development to proceed during the summer once site
plan approval is granted.
REPORT NO.: PSD-085-07 PAGE 4
3.8 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment
to remove the "Holding (H)" symbol is not subject to the normal appeal period
afforded to a standard rezoning application and accordingly shall be deemed final
and binding upon Council's approval.
3.9 Staff would note that the holding provision will be removed in phases for
development on the remaining portion of the applicant's lands.
3.10 The Finance Department has advised that taxes on the site are current.
4.0 RECOMMENDATIONS
4.1 In consideration of the comments noted above, approval of the removal of the
"Holding (H)" symbol, as shown on the attached by-law and schedule
(Attachment 2), is recommended.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of"Holding (H)" symbol
List of interested parties to be advised of Council's decision:
Halloway Holdings Limited
Sernas Associates
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Attachment 2
To Report PSD-085-07
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA 2007-0028;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from: "Holding — Large Format Commercial
Exception ((H)C8-3) Zone" to "Large Format Commercial Exception (C8-3)
Zone" and "Holding - Street-Related Commercial Exception ((H)C9-3) Zone" to
"Street-Related Commercial Exception (C9-3) Zone".
2. Schedule"A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2007
BY-LAW read a 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
This is Schedule to By-law 200
passed day of
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Clarinaton
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
Report#: PSD-086-07 File #: RE 6.2.7 By-law#:
Subject: OFFER OF COMPENSATION AND NOTICE REQUIRING POSSESSION TO TOM
CAUCHON AND CHIGI AGBARU RESPECTING THE EXPROPRIATION OF LANDS
FOR BOWMANVILLE WATERFRONT DISTRICT PARK; PART 1 ON PLAN OF
EXPROPRIATION DR593102
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-086-07 be received;
2. THAT an offer of a total of $215,000.00 as the market value of the lands identified as Part 1 on
Plan of Expropriation DR593102 50 East Beach Road, Bowmanville, which have been
expropriated, be APPROVED;
3. THAT the Director of Planning Services be authorized to send a letter offering Tom Cauchon
and Chigweyaru Agbaru immediate payment of the difference between $215,000.00 being the
market value of the Owners' land and the amount owed to Scotia Mortgage Corporation, the
mortgagee of the land and to deliver a copy of Appraisal Group Inc.'s appraisal as of April 4th
2007 to them;
4. THAT payment of the amount required by the mortgage to Scotia Realty Corporation to that
corporation from the market value of the land of $215,000.00 to discharge the mortgage to
Scotia Mortgage Corporation registered as Instrument No. LT1010279 be APPROVED and the
Director of Planning Services be authorized to make the payment on behalf of the Municipality;
5. THAT the payment of an additional amount of $10,750.00 to Mr. Cauchon and Ms. Agbaru for
5% of the market value of the land as compensation for the taking of the land which was their
residence on the day of taking of the land be APPROVED; and
6. THAT the Director of Planning Services be authorized to advise Mr. Cauchon and Ms. Agbaru
that the Municipality of Clarington requires possession of the expropriated land on October 1,
2007.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
REPORT NO.: PSD-086-07 PAGE 2
Submitted by: Reviewed by:
D vi . Crome, M.C.I.P., R.P.P. anklin Wu,
Director of Planning Services Chief Administrative Officer
I L/FL/DJC/df
29 May 2007
REPORT NO.: PSD-086-07 PAGE 3
1.0 BACKGROUND
1.1 On February 19, 2007, Report PSD-025-07 was presented to Council recommending
that Council pass a by-law approving the expropriation of 50 East Beach Road,
Bowmanville owned by Mr. Thomas Cauchon and Ms. Chigweyaru Agbaru, for the
purposes of a district park. After having regard for the comments contained within the
Report, Council approved the expropriation of the land by By-law 2007-057 at its
February 26th, 2007 meeting.
1.2 Report PSD-025-07 also recommended that Council pass a by-law to authorize the
Mayor and the Clerk on behalf of the Municipality to execute an expropriation plan and
authorize its registration pursuant to subsection 9(1) of the Expropriations Act. This by-
law was also approved as By-law 2007-059 on February 26 h, 2007. The plan of
expropriation was registered on title on April 4th, 2007.
1.3 Title to the property was transferred to the Municipality upon the registration of the plan.
The owner's rights were converted by law from an ownership right in the land
expropriated, to a right to be paid at fair market value for the land. However, the
Municipality must comply with Section 25 of the Expropriations Act before it can go into
possession of the lands.
1.4 In accordance with the provisions of the Expropriations Act, a Notice of Election was
served on the registered owner on May 1St, 2007. The Notice offered the owners the
option to have compensation to which they were entitled to, assessed as of:
• the date the notice of the Hearing of Necessity was served, if a Hearing was
requested;
• the date of the registration of the expropriation plan; or
• the date on which he was served with the Notice of Expropriation.
1.5 The first appraisal report completed for the Municipality by the Appraisal Group Inc.
(AGI) appraised the market value of the land at $185,000.00 to $200,000.00 as of
August 16, 2005. The appraiser was requested to provide an update of the fair market
value as of the date of the registration of the expropriation plan. AGI's estimate of the
fair market value of the land as of April 4th, 2007, is $215,000.00. The increase is due
to the increase in market values of comparable properties since 2005. A copy of the
original appraisal report and the recent update are on file with the Planning Services
Department.
1.6 The Notice of Election was returned on May 22"d, 2007. Mr. Cauchon and Ms. Agbaru
have chosen the option to have compensation to which they are entitled assessed as of
the date of registration of the expropriation plan. The offer of market value
compensation will be $215,000.00.
1.7 Before taking possession of the land subsection 25(1) of the Act requires that the
expropriating authority (the Municipality) serve upon the registered owner an offer of an
amount equal to the estimated market value of the land and offer immediate payment of
the amount of estimated market value. Since the property is encumbered by a
REPORT NO.: PSD-086-07 PAGE 4
mortgage to Scotia Mortgage Corporation (Instrument No. LT1010279) under
subsection 17(6) of the Expropriations Act the mortgagee is entitled to be paid the
amount of outstanding principal and interest plus any bonus out of the market value
portion of the compensation.
1.8 In order to determine the amount to which the mortgagee is entitled, a mortgage
statement is required. Application has been made for such a statement from the
mortgagee. The amount that will be paid to Mr. Cauchon and Ms. Agbaru for the market
value portion of the compensation will be $215,000 less the amount required to be paid
to the mortgagee, Scotia Mortgage Corporation, to discharge the mortgage as required
by the Act.
1.9 Also, since the premises comprises the owners' residence that immediate payment of
5% of the compensation payable in respect of the market value of the land, or
$10,750.00, be paid to Mr. Cauchon and Ms. Agbaru.
1.10 The offer of payment of market value compensation must be served within 3 months of
the registration of the expropriation plan and at least three months prior to the date on
which the Municipality requires possession of the land. It is recommended that the
Municipality notify Mr. Cauchon and Ms. Agbaru that the Municipality requires
possession of the property on October 1, 2007.
1.11 The Expropriations Act indicates that there are additional expenses beyond the fair
market value paid for the property. Compensation will also be payable to the owner for
inconvenience and relocation costs, as well as the reasonable legal and appraisal fees
related to the expropriation when they are known.
2.0 CONCLUSION
2.1 It is recommended that the Director of Planning Services be authorized to offer
immediate payment of a total of $215,000.00 as fair market compensation for the land
and to require possession of the land on October 1, 2007.
2.2 Mr. Cauchon and Ms. Agbaru are free to accept the offer of payment of the market
value compensation without prejudice to their rights under the Act in respect of
determination of further compensation by negotiation through the Board of Negotiation
or by arbitration by the Ontario Municipal Board. In either case, the Municipality will be
credited for the amount which has been paid to Mr. Cauchon and Ms. Agbaru.
•
X111 n REPORT
I.,eadirg the�iay
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007 Resolution #:
Report#: EGD-042-07 File #: By-law#:
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2007.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-042-07 be received for information.
r
Submitted by: Reviewed by:
4 A. S. Canrfella, C.E.T. Franklin Wu
0�Director of Engineering Services Chief Administrative Officer
ASC*RP*bb
June 05, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824
REPORT NO.: EGD-042-07 PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of MAY 2007, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF MAY
2007 2006
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006
Residential 94 $14,053,021 65 $8,741,344 60.8%
Industrial 2 $6000000 0 $0 N/A
Government 0 $0 1 $25,000 N/A
Commercial 8 $463,910 4 $72,000 544.3%
Institutional 0 $0 1 $50,000 N/A
Agricultural 5 $1,681,014 0 $0 N/A
Demolition 8 $0 9 $0 N/A
TOTAL 117 $22,197,945 80 $8,888,344 149.7%
YEAR TO DATE
2007 2006
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006
Residential 358 $63,305,912 332 $57,241,410 10.6%
Industrial 6 $6,316,800 4 $1,859,000 239.8%
Government 0 $0 2 $1,525,000 N/A
Commercial 21 $8,566,965 21 $1,087,805 687.5%
Institutional 0 $0 2 $445,846 N/A
Agricultural 7 $1,771,014 6 $433,435 308.6%
Demolition 16 $0 19 $0 N/A
TOTAL 408 $79,960,691 386 $62,592,496 27.7%
REPORT NO.: EGD-042-07 PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner/Applicant Construction Type Location Value
THORNLEA HOLSTEINS LTD Dairy Facility- Main Barn 825 BELLAMY ROAD, CLARKE $1,496,682
TRANS CANADA PIPELINES Compressor Building 5,617 LANGMAID ROAD, $3,816,692
TRANS CANADA PIPELINES DARLINGTON
Control Building 5,617 LANGMAID ROAD, $2,183,308
DARLINGTON
WILD WING RESTAURANT INC. Interior Alteration for 361 KING EAST AVENUE, $250,000
Restaurant NEWCASTLE VILLAGE
REPORT NO.: EGD-042-07 PAGE 4
The following is a comparison of the types of dwelling units issued for the month of"MAY"
and "YEAR TO DATE".
Dwelling Unit Type"MAY"2007 Dwelling Unit Type'YEAR TO DATE 2007"
1 20 1
8 Apartment Townhous Apartment
Townhouse 2% a 0%
13% 49 7%
Single
Detached
4 79% 58
Semi- Semi-
Detached 188
Detached 22% �� Single
Detached
71%
•Single Detached 49 ®Single Detached 188
•Semi-Detached 4 ■Semi-Detached 58
[]Townhouse 8 ❑Townhouse 20
❑Apartment 1 ❑Apartment1
The following is a historical comparison of the building permits issued for the month of"MAY"
and "YEAR TO DATE" for a three year period.
Historical Data for Month of"MAY" Historical Data 'YEAR TO DATE"
$90,000,000
$25,000,000 $60,000,000
$20,000,000 $70,000,000
$60,000,000
$15,000,000 $50,000,000
$40,000,000
$10,000,000 $30,000,000
$5,000,000 € $20,000,000
$10,000,000
$0 2007 2006 2005 $0 2007 2006 2005
Im Value 1 $22,197,945 $8,888,344 $13,031,204 ®Value $79,960,691 $62,592,496 $57,551,403
REPORT NO.: EGD-042-07 PAGE 5
PERMIT REVENUES
2007 2006
May Year to Date May Year to Date
PERMIT FEES $117,247 $615,987 $76,884 $520,610
INSPECTION SERVICES
2007 2006
May Year to Date May Year to Date
Building Inspections 510 2,361 541 2,280
Plumbing & Heating Inspections 516 2,078 376 2,093
Pool Enclosure Inspections 0 0 0 0
TOTAL 1,026 4,439 917 4,373
NUMBER OF NEW RESIDENTIAL UNITS
2007 2006
May Year to Date May Year to Date
Single Detached 49 188 33 180
Semi-Detached 4 58 2 49
Townhouse 8 20 0 19
Apartments 1 1 0 64
TOTAL 62 267 35 312
REPORT NO.: EGD-042-07 PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2007
(to end of 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997
AREA May)
Bowmanville 187 609 307 587 468 345 312 188 184 313 423
Courtice 47 126 241 173 180 133 129 231 296 254 295
Newcastle 18 84 202 191 123 131 76 110 78 4 5
Wilmot Creek 4 15 15 25 29 38 24 19 21 33 21
Orono 0 1 1 2 0 1 0 0 1 0 0
Darlington 4 7 14 15 13 17 47 102 31 14 19
Clarke 5 12 13 10 16 15 9 17 17 12 20
Burketon 0 0 1 1 1 1 0 1 0 1 2
Enfield 0 0 0 0 0 0 0 0 0 0 3
Enniskillen 0 1 1 1 0 2 5 7 6 3 7
Hampton 1 1 0 0 3 1 1 1 2 1 2
Haydon 0 0 0 0 0 0 0 0 1 1 2
Kendal 0 0 0 1 0 3 2 0 1 0 0
Kirby 0 0 0 0 0 0 0 0 0 0 1
Leskard 0 0 0 0 0 1 0 0 1 0 0
Maple Grove 0 0 0 0 1 0 0 0 0 0 0
Mitchell Corners 0 0 0 1 0 0 0 0 0 0 0
Newtonville 0 2 4 5 3 3 0 3 1 0 0
Solina 1 3 3 3 3 1 1 0 0 0 1
Tyrone 0 0 0 0 3 9 3 0 0 0 0
TOTALS 267 861 802 1,015 843 701 609 679 640 1 636 801
•
arm n
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 18, 2007 Resolution #:
Report#: EGD-044-07 File #: D.02.33.019 By-law#:
Subject: DECOE COURT SUBDIVISION, COURTICE
PLAN 40M-2104
COMPLETION OF ALL OUTSTANDING WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-044-07 be received;
2. THAT the developer's Letter of Credit be drawn in the full amount;
3. THAT the Director of Engineering Services be authorized to expend said monies
pursuant to all obligations incurred or to be incurred by the Corporation of the
Municipality of Clarington in accordance with the Subdivision Agreement
between 1413345 Ontario Inc. and the Corporation of the Municipality of
Clarington; and
4. THAT 1413345 Ontario Inc. and their surety (Scotiabank) be advised of Council's
decision and be provided with a copy of Report EGD-044-07.
Respectfully by,
Submitted l3y. A.83. Cannella Reviewed by: Franklin Wu
° Director of Engineering Services Chief Administrative Officer
ASC/jo
May 31, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
Report#EGD-044-07 Page 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered August 14, 2002, with 1413345 Ontario Inc. to develop
lands by plan of subdivision, located in Courtice and described as Plan 40M-
2104 (Attachment 1). The agreement required the developer to construct all
roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a
storm drainage system and streetlights, hereinafter referred to as the 'Works'.
1.2 The "Initial Works" were completed in 2002. By 2005, staff began to receive
requests and complaints from residents to complete the "Final Works". These
requests were forwarded to the developer but no action was taken until a warning
letter was issued on July 19, 2005 (Attachment No. 2). This triggered the
completion of some, but not all, of the Final Works.
1.3 In 2007 the developer was again advised to complete all of the Final Works and
in this regard, a final notice letter was issued April 24, 2007 (Attachment No. 3).
The letter set out a deadline of May 18, 2007 to complete all outstanding Works.
The letter further advised that if the Works were not completed by that deadline,
a report would be presented to Council recommending drawing on securities and
having the Works done by others, as provided in the Subdivision Agreement.
Unfortunately, no additional work was done, nor has the developer responded in
any manner to the Municipality.
2.0 REVIEW AND COMMENT
2.1 The outstanding Works include, but are not necessarily limited to, driveway apron
preparation and paving, boulevard tree planting, chain link fencing and review
and possible repair of any deficient Initial Works. The minimum cost to complete
these Works is estimated at approximately $19,000.00 which includes a 30%
management fee, as set out in the Agreement.
Report #EGD-044-07 Page 3
2.2 In addition, Council should be aware that the Municipality has received notices of
claims from the contractors who completed some of the Final Works in 2006,
advising they were not paid. The total outstanding amount of these claims is
approximately $50,000.00. These claims were not filed under the Construction
Liens Act R.S.O.1990, Chapter C.30 as amended, and therefore, the Municipality
cannot pay out the claims. However, there is a potential for legal action by the
contractors against the lands, the developer and the Municipality, and therefore,
the Municipality may be exposed to future legal costs to defend any action.
2.3 There is presently a Letter of Credit from the developer, valued at $78,388.04, in
favour of the Corporation of the Municipality of Clarington (S18572/176839
Scotiabank).
2.4 Under Section 5.17 of the Subdivision Agreement (Attachment 4), the Director of
Engineering Services has the authority to order the Work completed at the
expense of the developer, subject to the approval of Council and upon written
notice being given to the developer and his surety.
3.0 CONCLUSION
3.1 It is recommended that the securities be drawn in full, and that the department of
Engineering Services be authorized to complete all Works in accordance with the
Subdivision Agreement, at the full expense of the developer.
Attachments:
Attachment 1 — Key Map
Attachment 2 — Copy of previous correspondence to the developer
Attachment 3 — Copy of previous correspondence to the developer
Attachment 4 — Copy of pertinent excerpts from the Subdivision Agreement
List of Interested Parties:
1413345 Ontario Inc.
Scotiabank
Mulholland w log
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Whittaker Avenue
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DRAWN BY: E.L. DATE:June 12, 2007
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ATTACHMENT NO.:2
REPORT NO.: EGD-044-07
(Eiverg&ft Ontade
April 24, 2007
1413345 Ontario Inc.
c/o Remax
1413 King Street East
Oshawa, ON LIE 2.16
ATTENTION: Mr. Bob Best
Dear Mr. Best:
RE: DECOE COURT SUBDIVISION, PLAN 40M-2104
COMPLETION OF FINAL WORKS
FILE: D.02.33.019
In accordance with Section 5.17 of the subdivision agreement, it is the Director's opinion
that unreasonable delays have occurred in the completion of the above noted Works. A
previous notice was sent to you on July 19, 2006 (attached) setting out a deadline for the
completion of all Works no later than August 18, 2006. Unfortunately, this deadline was
not met.
The outstanding works include:
• Apron preparation and asphalt paving
• Boulevard tree planting
• Chain link fence installation
In order to avoid default of the Subdivision Agreement, we require all remaining works to
be completed to our satisfaction by May 18, 2007. Any work undertaken will require full
time supervision by your consulting engineer.
Should the work not be fully completed to our satisfaction by that date, a report will be
presented to Municipal Council advising of your default and recommending the
Municipality draw on your securities, as provided in the Subdivision Agreement.
Si cerely,
Norman A. Clark, C.E.T.
Manager of Construction
Pc: A.S. Cannella, Director of Engineering Services
Larry Tracey, D.G. Biddle&Associates
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
ATTACHMENT NO.:3
REPORT NO.: EGD-044-07
Leading the Wrap
July 19, 2006
1413345 Ontario Limited
c/o Remax
1413 King Street East
Courtice, ON LIE 2J6
ATTENTION: Mr. Bob Best
Dear Mr. Best
Re: Decos Court Subdivision Plan 40M-2104
Completion of Final Works
File: D.02.33.019
Per section 5.17 of the development agreement, it is the Municipality's position
that unreasonable delay has occurred in the completion of the above-captioned
Works. As such, you are hereby noted that all remaining works are to be
immediately scheduled, with a completion date no later than August 18, 2006.
We require a written schedule for our approval by July 24, 2006.
Failing to comply with these requirements will result in immediate action by this
office, to complete these Works through provisions in the development
agreement.
Sincerely,
Adrian Coolen, C.E.T.
Construction Coordinator
AHC/dg
Pc: Tony Cannella, Director of Engineering
Norm Clark, Manager of Construction
Larry Tracey, D.G. Biddle &Associates
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
ATTACHMENT NO.:4
REPORT NO.: EGD-044-07
Page 48
i.
14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed In good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefore set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two(2)years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and Installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the curbs,
sidewalks, final coat of asphalt,final lot grading, driveway approaches, sodding and tree
planting which may be completed later If done so in accordance with the provisions of the
Schedule of Works.
5.16 Additional Work
Until the conclusion of Maintenance Guarantee Period referable thereto, If in the
opinion of the Director, any incidental additional work is required to provide for the
adequate operation,functioning and maintenance of any of the Works, the Owner, at Its
cost, shall construct and install such additional facilities and perform such additional work
as the Director may request from time to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Agreement,if,in the opinion of
the Director, (1) the Owner Is not constructing and installing or causing to be
constructed or installed any of the Works required by this Agreement so that it or
they will be completed within the time specified for such completion In the
Schedule of Works, or (2) the Works or any component(s) thereof are being
improperly constructed or installed,or(3)the Owner neglects or abandons the said
Works or any part of them before completion, or(4)unreasonable delay occurs in
the construction or installation of the Works,or(5)for any other reason the Works
are not being constructed or installed properly and promptly and in full compliance
with the provisions of this Agreement, or (6) the Owner neglects or refuses to
reconstruct or reinstall any of the Works or component(s)thereof which may be
rejected by the Director as being defective, deficient, or unsuitable, or (7) the
Owner otherwise defaults in performance of this Agreement,the Director may give
the Owner notice in writing of his opinion respecting any such matter. FollowkV
Page 50
the later to occur of the expiry of ten (10)business days,excluding Saturdays and
Sundays and statutory holidays following the giving of such notice plus the expiry
of any additional period as may be specified in the notice given to the Owner by
the Director, the Municipality, at the cost and expense of the Owner, may engage
a contractor, supplier of services or materials and such workmen, and purchase
such services, supplies and/or services as in the 'opinion of the Director are
required for the completion of the construction and installation of the Works and all
components thereof and the performance of all covenants of the Owner relating to
the Works as provided by this Agreement. In cases of an emergency or urgency,
or in order to preserve the integrity of the Works or any component thereof as
determined by the Director in his absolute discretion,any deficiency(s)or defect(s)
in the Works, and any failure to complete the Works and all components thereof in
accordance with this Agreement may be corrected, remedied or completed by the
Municipality Its contractors, suppliers and employees at the cost of the Owner
without prior notice to the Owner, provided that forthwith after the Municipality so
acts, the Director shall give written notice to the Owner of his determination as
aforesaid, describing the action taken by the Director,and the cost of correcting or
remedying the deficiency or default in question or the cost of completing the Works
and the components thereof, as the case may be. For the purposes of this
paragraph 5.17(1) the cost of any work which.the Municipality undertakes under
this paragraph 5.17(1) shall be detemnined by the Director in his absolute
discretion. It is understood and agreed by the Parties that the costs for which the
Owner is responsible under this paragraph 5.17(1) shall include a management
fee payable to the Municipality either of,thirty (30%) percent of the contractors
charges to the Municipality (including any charges for overhead and profit) or, if
such work is undertaken by the Municipality, thirty (30%) percent of all costs
incurred by the Municipality to correct or remedy the deficiencies or defect or to
complete the Works and all components thereof as the case may be. The Owner
shall pay the Municipality an amount equal to the cost of all Works and
components thereof, and the cost of correcting or remedying all deficiencies and
defects referred to in this paragraph 5.17(1) which have been incurred by the
Municipality or are estimated in the Directors absolute discretion to be likely to be
incurred by the Municipality forthwith after the Director gives the Owner written
demand for payment of such cost. If the amount .paid is based on the Directors
estimate.as aforesaid,forthwith after actual costs are more than the estimated
costs, the Owner shall forthwith pay the Municipality an amount equal to the
difference between them. If the actual costs are less than the estimated costs,the
Municipality shall forthwith refund the difference between them to the Owner.
.,,W
;'1
7 Page 51
,a
/(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Municipality or is filed with the Municipality, or (2) the Municipality
receives written notice of a claim of an alleged beneficiary of a statutory trust under
the Construction Lien Act, such registration, filing or notice shall constitute a
default in performance by the Owner of this Agreement. In any such case, the
Director may notify the Owner in writing of such default. If the Owner fails to
discharge the lien or claim as the case may be within ten (10) business days,
excluding Saturdays, Sundays and statutory holidays, after the giving of such
notice plus any further period of time as may be specified in the notice, then the
Municipality in its absolute discretion either may(1)pay the full amount of the claim
and security for costs into a Court of competent jurisdiction in order to obtain an
order vacating such claim for lien, (2) discharge the claim in full by paying the
amount claimed or in part by paying a portion thereof or(3)draw the full amount of
the claim in cash from a letter of credit deposited with the Municipality as the
security for the Performance Guarantee and hold the cash in a deposit account of
the Municipality as the security for the Performance Guarantee in respect of the
claim in question.The Municipality may draw on and appropriate the whole or any
portion(s) of the Performance Guarantee and the Security, for the Maintenance
Guarantee for the purpose of making payment under this paragraph 5.17(2). The
Owner shall indemnify the Municipality against the costs and expense incurred by
the Municipality in making payment pursuant to this paragraph 5.17(2) forthwith
after the Director gives the Owner written notice requiring him to do so. In the
event that the Municipality draws on and appropriates any portion of the
Performance Guarantee or the Security for the Maintenance Guarantee for any of
the aforesaid purposes, forthwith after the Director gives written notice to the
Owner requiring it to do so,the Owner shall reinstate the Performance Guarantee
and/or the Security for the Maintenance Guarantee,as the case may be,to the full
amounts)required under the provisions of this Agreement.
5.18 Acknowledgement Respecting Emergency etc.Repairs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the
Lands or any portion of them nor any such action by the Director or any person
authorized to undertake the same by the Director shall be deemed to be an acceptance
of any of the Works by the Municipality, nor an assumption by the Municipality of any
responsibility or liability in connection therewith, or a release by the Municipality of the
Owner from any of its obligations under this Agreement.
Clarinaton
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 18, 2007 Resolution #:
Report#: EGD-045-07 File #: By-law #:
Subject: 2007 Capital Budget Modification — Transfer of Funds
Recommendations:
1. THAT report EGD-045-07 be received; and
2. THAT the transfer of funds proposed to the 2007 capital budget be approved
FORTHWITH.
Respectfully by,
Submitted by: Reviewed by:
Y
A.S. Cannella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
ancy T ylor, . .A., .A.
Director of Finance
ASC/BMB/jo
June 12, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-045-07 Page 2
1.0 BACKGROUND
Since the approval of the 2007 capital budget in April 2007, the Engineering
Services Department has completed the design and tender process for the
majority of 2007 approved projects. Due to magnitude of the project list and the
timing of the approved budget, the department has advertised, tendered, and
received bids on several projects in a short period of time.
2.0 DISCUSSION
The projects recently closed have experienced budget shortfalls and surpluses.
It is the intention of the Engineering Services and Finance Department to
complete all the projects without impacting the overall capital budget and funding
components thereof.
The following table summarizes the project costs that have recently closed:
Table 1.0
Project Total Approved Estimated Surplus/Deficit
Project ID Budget Tendered Project
Funding Source Costs
West Townline Sidewalk
5800-8320-07102 Surplus
100% Development Charge $390,000.00 $200,000.00 $190,000.00
Conc. Road 3 Bridge Rehab.
5800-8310-07120 Surplus
100% Tax Levy $230,000.00 $126,000.00 $104,000.00
Church St. Extension
(2006 & 2007 Capital Budget) Deficit
5800-8310-06116
100% Development Charge $310,000.00 $408,000.00 ($98,000.00)
St. George St. Signalization
(2006 Capital Budget) Deficit
5800-8310-06110
Development Charges $300,000.00 $324,000.00 ($24,000.00)
Report#EGD-045-07 Page 3
Table 1.0 Continued...
Project Total Approved Estimated Surplus/Deficit
Project ID Budget Tendered Project
Funding Source Costs
Elgin St Reconstruction
(2006 & 2007 Capital Budget)
5800-8310-06104 Deficit
Development Charges $127,400.00 $152,400.00 ($25,000.00)
Tax Levy and Federal Tax $507,600.00 $609,600.00 ($102,000.00)
Reserve Fund
Several reasons exist for the results related to the above tendered cost. This
includes extension of project limits to take advantage of Regional funding,
revised project scopes due to public information centers, detailed design
subjects, eliminating concerns from the Department of Fisheries, School Board
concerns, and development progress adjacent to proposed projects.
As such, the overall revenue and development charge breakdown with respect to
the total capital budget is as follows for the projects listed above:
Table 2.0
Funding Source Approved Estimated Project Surplus/Deficit
Funding Amount Costs
Surplus
Development Charges $1,152,400.00 $1,114,880.00 $43,000.00
Surplus
Tax Levy $712,600.00 $705,120.00 $2,000.00
When consideration is taken for the overall budget, it is evident that each of the
funding components, Revenue and Development Charges, remains surplus.
Report#EGD-045-07 Page 4
3.0 CONCLUSION
Engineering Service has confirmed the above breakdown with the Director of
Finance. In order to complete the projects listed in Table 1.0, it is recommended
that the Municipality transfer funds from projects estimated in surplus to those
identified to be in deficit following the estimated costs based on low tendered
bids received for each respective project.
In order to achieve this, the following transfer of funds is necessary to the 2007
Capital Budget:
• Transfer $102,000.00 (Revenue) from Conc. Road 3 Bridge Rehab.
5800-8310-07130 to Elgin St Reconstruction 5800-8310-06104
• Transfer $25,000.00 (Development Charges) from West Townline
Sidewalk 5800-8320-07101 to Elgin St Reconstruction 5800-8310-06104
• Transfer $98,000.00 (Development Charges) from West Townline
Sidewalk 5800-8320-07101 to Church St. Extension 5800-8310-06116
• Transfer $24,000.00 (Development Charges) from West Townline
Sidewalk 5800-8320-07101 St. George St. Signalization 5800-8310-06110
The subsequent award of each tendered project will be will be considered in the
Corporate Services Department section of this agenda through the Municipality's
Purchasing Department.
1 '
arm n
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday June 18, 2007 Resolution #:
Report#: EGD-046-07 File #: By-law#:
Subject: Responsibility Agreement, Regional Municipality of Durham and The
Corporation of the Municipality of Clarington
Recommendations:
1. THAT report EGD-046-07 be received;
2. THAT the Region of Durham Resolution be received;
3. THAT the Mayor and Clerk execute a responsibility agreement with the Region of
Durham for the ownership and maintenance of the private sanitary sewage
forcemain servicing the Newcastle & District Recreation Complex;
4. THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the
Municipality, to execute the said agreement;
Respectfully by,
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/BMB/jo
June 13, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379 F 905-623-9282
Report#EGD-046-07 Page 2
1.0 BACKGROUND
Through the early design stages of the Newcastle & District Recreation Complex,
the Municipality was advised that the proposed developments servicing demand
was not forecast in the overall Regional networks. Thus the site did not have
sanitary servicing allocation within the existing sewers and the Rudell Road
pumping station. In order to move forward with the project, Engineering Services
discussed several options with the Region of Durham.
The most effective solution to the problem is the construction of a sanitary sewer
forcemain that pumps the sewage to a different sanitary network at Massey Dr.
The proposal will result in a forcemain that is strictly used to service the
Newcastle & District Recreation Complex and therefore will be the soul
responsibility of the Municipality to operate and maintain.
This solution was the only viable solution to develop the site in short order.
Otherwise the site would remain undeveloped until the Region constructs the
new trunk sewer beneath Highway 401 from the Toronto St. water pollution
control plant to Rudell Road. These works are not expected to be moving
forward for approximately ten years. Upon the construction of the new trunk
sewer, the Municipality can explore possible connection methods to the new
trunk sewer to remove the need for the forcemain.
2.0 CONCLUSION
The construction, operation, and maintenance is an integral component to the
existance of the Newcastle & District Recreation Complex. Therefore it is
recommended that the Municipality enter into the responsibility agreement with
the Region of Durham for the ownership and maintenance of the forcemain that
services the proposed site.
Report #EGD-046-07 Page 3
Attachments:
Attachment 1 — Key Map
Attachment 2 — Regional Resolution and Agreement
Attachment 3 — By-law
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ATTACHMENT NO.2
_. REPORT NO.: EGD-046-07
March 7, 2007 ... ...... „
Patti L. Barrie
Clerk
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1 C 3A6
The Regional -
Municipality
or Durham Dear Sirs, --�
Legal _..
Department re: Responsibility Agreement between the Regional Municip61ity of" -1'-
Durham ("Region") and The Corporation of the Municipality„of'Clanngtorh-
605 623 ND RD. E,
PO BOX OX 623 ("Clanngton") regarding the proposed Rudely Road Recreation Centre
WHITBY ON L1 N 6A3 Newcastle - Our File AGT-19-07
CANADA
905-668-7711
Fax:905-668-4752
Brian J: Roy Regional Council on October 4, 2006 passed.a resolution which reads in
Regional
Solicitor part:
"a) That the Region enter into a responsibility Agreement with the
Municipality of Clarington for the ownership, operation and maintenance
of a private sanitary sewage forcemain on Rudell Road and Regional
Highway No. 2, with all costs to be borne by the owner."
In this respect, we have prepared and enclose a form of Responsibilility,
Agreement for review by Clarington. If the terms of the agreement are
satisfactory, we would ask that you have the agreement executed by
Clarington and returned to us for signing by the Region and registration on
title.
If you have any questions with respect to this matter, kindly contact Paul
Gillespie of the Region's Works Department at 905-668-4113 ex 3443 or
Adrian Naeem, a solicitor in the Legal Department at 905-668-4113 ex
2166. _
Yours truly,
MAR 2 8 2007
PPrasad MUNICIPH!11.,, W 1.,_F.!i1.v1-i nP,1
Law Clerk Community 5ervica i)ept
ap: encl
cc: Paul Gillespie, Development Approvals, Works Dept.
"Service Excellence
for our Communities"
100%Post Consumer
RESPONSIBILITY AGREEMENT
- This Agreement is dated the 6th of March, 2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
a corporation duly incorporated under the laws of the Province of Ontario
("Clarington")
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
WHEREAS:
(a) , Clarington intends to construct a Recreation Centre on the west side of Rudell Road,
south of Regional Highway No. 2 in the Regional Municipality of Durham which is legally
described as:
Part of Lot 31, Concession 1, Township of Clarke, now in the Municipality of
Clarington, designated as Part 1 on Expropriation Plan DR-302420 save and except
Part 1 on Reference Plan 40R-24713 and Part 3 on Reference Plan 40R-22560 in the
Regional Municipality of Durham. (the "Property");
(b) The Recreation Centre will include a swimming pool, which will discharge filter backwash
and pool drainage to the sanitary sewer system, at a peak rate of approximately 19.8 I/s
which will be in addition to the sanitary sewer discharge from the facility, estimated to be
6.31/s.
(c) A 250 mm diameter sewer exists on Massey Street ("existing sanitary sewer")with
sufficient spare capacity to accept the (19.8 I/s) discharge from the swimming pool.
Clarington wishes to construct a private pumping station on the site with a private
forcemain.
(d) Clarington wishes to construct the private pumping station at the Recreation Centre with
a private forcemain on Rudell Road and Regional Road No. 2, to convey the sewage
from the Recreation Centre to the Region's existing sanitary sewer on Massey Street.
(the "System");
(e) Clarington and the Region wish to enter into this Agreement to ensure that Clarington will
bear full financial responsibility, in perpetuity, for the design, construction, operation and
maintenance of the System
Responsibility Agreement Paee 2
NOW THEREFORE Clarington and the Region for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, mutually covenant and agree as
follows:
DESIGN AND CONSTRUCTION
1. Clarington shall be responsible for the preparation of all Plans detailing the design of the
System and shall be responsible for obtaining and maintaining all necessary approvals,
permits and licenses for the design, construction, operation and maintenance of the
System and any alterations to the System. Clarington shall construct the System in
accordance with the approved Plans which are described as:
The Newcastle Multi-Use Recreation Complex Pool Forcemain, General Plan.
Project Number:10-06603, Drawing Number: G1
2. Clarington shall own, operate and maintain the System and shall have full control and
management thereof.
3. The Region shall not have any obligation or responsibility in any way to provide, operate,
maintain, repair, replace or guarantee any facility or equipment required for the System or
any part thereof.
4. Clarington upon providing reasonable notice to the Region may, at its expense,
decommission or remove the System.
5. Clarington shall comply with all Applicable Laws in the operation and maintenance of the
System.
6. Clarington shall be responsible for 100% of all costs and expenses directly or indirectly
related to the design, construction, approval, operation, maintenance, monitoring, repair
and replacement of the System and other matters to be provided by Clarington pursuant
to this Agreement without any contribution whatsoever from the Region.
REGISTRATION
7. Clarington shall ensure that upon the signing of this Agreement, this Agreement and a
reference plan outlining the construction area shall be registered against title to the
Property, for which Clarington shall bear the full legal fees and registration costs.
8. Clarington shall not make any application or permit or authorize any person to make an
application to remove this Agreement from title to the Property.
Responsibility Agreement Page 3
TERM OF AGREEMENT
9. The term of this Agreement shall commence on the date that it has been executed by
both parties and shall continue in perpetuity unless terminated on the consent of both
parties.
SUCCESSORS AND ASSIGNS
10. This Agreement shall not be assigned by Clarington without the prior approval of the
Region.
11. This Agreement ensures to the benefit of and binds the parties and their respective
successors and permitted assigns.
TRANSFER
12. Clarington shall not dispose of or transfer its interest in the whole or any part of the
Property without notice to the Region.
13. Clarington acknowledges that the System is not a public system and that there is no
intention that the System will become a public system.
AMENDMENTS
14. No amendment to this Agreement shall be effective unless it is in writing and signed by
both the Region and the Owners.
ARBITRATION
15. Any dispute, difference, issue or question arising between Clarington and the Region or
between or amongst the Region and any successor owner(s)which concerns or touches
upon the validity, construction, meaning, performance or effect of this Agreement, shall
be referred to and resolved by arbitration in accordance with the Arbitration Act, 1991,
S.O. 1991, c.17. The arbitration decision shall be final and binding and shall not be
subject to appeal under any circumstances (whether with respect to a question of law, a
question of fact, a question of mixed fact and law, or otherwise).
FURTHER ASSURANCES AND ADDITIONAL OBLIGATIONS
16. Clarington shall promptly and duly execute and deliver to the Region such further
documents and assurances, and take such further action as the Region may from time to
time request in order to more effectively carry out the intent and purpose of this
Responsibility Agreement pat?
Agreement and to establish and protect the rights, interests and remedies intended to be
created in favour of the Region.
IN WITNESS WHEREOF Clarington and the Region have executed this Agreement.
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
Per:
Jim Abernethy, Mayor
Per:
Patti L. Barrie, Municipal Clerk
THE REGIONAL MUNICIPALITY OF DURHAM
Per:
Roger Anderson, Regional Chair
Per:
P. M. Madill, Regional Clerk
ATTACHMENT NO.3
REPORT NO.: EGD-046-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2007-XXX
Being a By-law to authorize the execution of a Responsibility
Agreement between the Corporation of the Municipality of
Clarington and The Regional Municipality of Durham for the
operation and maintenance of the sanitary sewer forcemain on
Rudell Road and Regional Road Highway 2.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-046-07, including the
recommendation that the Corporation of the Municipality of Clarington enter into
a Responsibility Agreement with The Regional Municipality of Durham for the
operation and maintenance of the sanitary sewer forcemain on Rudell Road and
Regional Road Highway 2.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The Mayor and Clerk are hereby authorized to execute a Responsibility
Agreement between the Corporation of the Municipality of Clarington and
The Regional Municipality of Durham.
BY-LAW read a first and second time this XXt'day of XX, 2007.
BY-LAW read a third time and finally passed this W day of XX, 2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
•
(Leading the Way
REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: JUNE 18, 2007
Report #: OPD-006-07 File #: By-Law #:
Subject: 2007 WINTER BUDGET REPORT
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-006-07 be received for information;
Submitted by: Reviewed by: `-
Fred Nbrvath, Franklin Wu,
B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer
Director of Operations
FH\kr
801
REPORT NO. OPD-006-07 PAGE 2
BACKGROUND AND COMMENT:
The Operations Department during the first four months of 2007 dealt with snow
events that were typically 2.5 cm. In February, the Operations Department
responded to 27 snow events in 28 days.
Please note in the following table the total number of our responses for this past
winter season compared to the same period last year:
YEAR JAN FEB MAR APR TOTAL
2006 19 18 9 0 46
2007 17 27 13 2 59
As of May 11, 2007 the Operations Department from January 1 st to May 11 th
incurred 3,552 hours of total overtime including 645 hours for Sunday
maintenance.
During this period the Operations Department provided 59 responses, which
included 18 full call outs compared to only 14 full call outs for the same period in
2006.
Spring clean up of winter sand has been ongoing since April 1St and was
completed by June 1St
BUDGET:
In March, 2007, Council approved a winter maintenance budget of$1,320,500;
$192,000 for sidewalks and parking lots and a Senior Snow Clearing contract of
$85,000.
Winter Maintenance:
As of May 11, 2007, the following table illustrates the expenditures incurred.
Winter Control 2007 Budget 2007 Actual Overexpended /
Unexpended
Plowing $ 271,000.00 $ 235,861.55 $ 35,138.45
Sanding/Salting $ 827,000.00 $ 937,881.76 ($110,881.76)
Winter Maintenance $ 222,500.00 $ 174,995.34 $ 47,504.66
Other
Total $1,320,500.00 $1,348,738.65 ($ 28,238.65)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
2
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433
REPORT NO. OPD-006-07 PAGE 3
The 2007 winter maintenance budget from January 1St to May 11th actual
expenditure of$1,348,738.65 includes an estimated sand/salt year end inventory
adjustment of$116,145.20.
Sidewalk Snow Clearing Contract:
The total budget for this program in 2007 is $192,000.00 with an actual
expenditure of$76,577.41 as of May 11tH
Senior Citizens and Physically Disabled Sidewalk Program
The total budget for this program for 2007 is $85,000.00 with an actual
expenditure of$51,708.92 as of May 11th.
Below is a table of call-out statistics for this program from 2001 to April 2007:
Call-Out Statistics
January February March April November December Total
2002 10 10 7 0 2 11 40
2003 23 14 11 4 1 6 59
2004 23 23 8 0 2 13 69
2005 20 7 9 2 5 10 53
2006 7 9 2 0 0 3 21
*2007 12 12 6 1
* A total of 31 callouts for winter sidewalk maintenance to date in 2007.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
03
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)263-2292 F(905)263-4433
REPORT NO. OPD-006-07 PAGE 4
CONCLUSION:
With winter maintenance still outstanding for November and December of 2007,
Operations is anticipating that the overall winter maintenance expenses will be
over budget. Staff will continue to update you once the winter program has
commenced.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
4
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F(905)2634433
•
n
Leading the Way EPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report #: OPD-009-07 File #: By-Law #:
Subject: TWO WAY RADIO REPEATER
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-009-07 be received;
2. THAT the cost to replace this equipment be allocated through the General
Capital Reserve Account#100-X-X-X-2917, FORTHWITH.
Submitted by: Reviewed by.
Fred Horvath, Franklin Wu,
B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer
Director of Operations
FH\KR\wc
805
REPORT NO. OPD-009-07 PAGE 2
1.0 BACKGROUND AND COMMENT:
The Clarington Operations Department recently experienced a two-way
radio failure where communication among those in the field could not
either transmit or receive messages.
2.0 RADIO REPEATER INFORMATION
Portable radios are limited in the power at which they can transmit, usually
somewhere between .5 watts and 5 watts. A very rough rule of thumb is
that one waft equals one mile of range over flat and open terrain.
Buildings and hilly terrain will, of course, greatly modify effective range.
When two radios communicate directly with each other, this is known as
Simplex. To achieve greater range, a radio repeater is often utilized. A
radio repeater is a base station radio with a large antenna. Each portable
radio communicates with the repeater and the repeater rebroadcasts the
signal.
We currently need to purchase a replacement unit to utilize our two-way
radio system. As a result we require the following:
Motorola MTR 2000 1000 WATT Repeater
Duplexer
Battery Back-up
Installation cabinet
Removal of existing repeater
• Set up and installation of the new repeater
Costing for this project is estimated at $15,000.00.
3.0 FINANCING
This project is an emergency replacement and was not anticipated during
the 2007 Budget deliberations. The Director of Finance has reviewed the
report and is in agreement with the financing.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)263-2291 F (905)263-4433
806
•
Leading the Way
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: ESD-010-07 File # 10.12.6 By-law #
Subject: MONTHLY RESPONSE REPORT— MAY 2007
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-010-07 be received for information.
Submitted by: �- � � Reviewed by:
Cu
on Weir, AMCT, CMM111 Franklin Wu.
Director Emergency & Fire Services Chief Administrative Officer
GW*sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F905)623-6506
901
REPORT NO: ESD-010-07 PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month May 2007. It is our intent to provide Committee with
information relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to 272 calls during this period and recorded total fire loss at
$380,300. A breakdown of calls responded to follows in the table attached.
Attachment: Activity Report
902
CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT
Period: May 1, 2007 00:00:00 to May 31,2007 23:59:59
CALL TYPE VOLUME
w f � ° � STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL CALL TYPE
t
� �. BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TYPE PERCENTAGE
TOTALS
PROPERTY FIRE 6 2 3 6 1 18 6.6%
CALLS
BURNING
COMPLAI Ts 3 1 0 3 . 4 11 4.0%
FALSE FIRE 19 5 0 7 0 31 11.4%
CALLS
PUBLIC HAZARD 9 4 0 6 1 20 7.4%
CALLS
RESCUE CALLS 16 5 0 11 1 33 12.1%
MEDICAL ASSIST 84 12 6 34 4 140 51.5%
CALLS
MISCELLANEOUS 7 4 0 8 0 19 7.0%
CALLS
TOTAL MONTH R 144 33 9 75 11 272 100.0%
YEAR TO DATE 743 190 72 332 48 1385
YEAR TO DATE 52.9% 12.1% 3.3% 27.60/6 4.0% 100.0%
PERCENTAGE ,
STANDYBY 5 0 0 5 0 10
CALLSw ..,
DOLLAR LOSS $155,000 $500 $7,000 $217,800 $0 $380,300
MISCELLANEOUS
CALLS 19
MEDICAL ASSIST 140
CALLS
RESCUE CALLS 33
PUBLIC HAZARD 20
CALLS
FALSE FIRE 31
CALLS
BURNING 11
COMPLAINTS
PROPERTY FIRE 18
CALLS
APPARATUS CALL VOLUME
STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1
238 186 13 16 4 2 8 9
STATION 2 PUMPER 2 TANKER 2
44 34 10
STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV
15 9 6 0 0
STATION 4 PUMPER 4 PUMPER 44 TANKER 4
134 117 13 4
STATION 5 PUMPER 5 TANKER 5
12 9 3
443 303 13 81 27 2 8 9
•
arm REPORT
Leadin the Wa
g y
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007 Resolution #:
Report#: CSD-008-07 File #: By-law#:
Subject: SCHEDULE OF RATES AND FEES 2007/08 — 2008/09
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-008-07 be received; and
2. THAT Council approve the attached Rates and Fees Schedule for the two (2)
year period, September 1, 2007 to August 31, 2009.
Submitted by: Reviewed
J s p P. Caruana Franklin Wu
it ctor of Community Services Chief Administrative Officer
JPC/SM/GA/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506
1001
REPORT NO.: CSD-008-07 PAGE 2
1.0 BACKGROUND
1.1 In June 2004, Council approved Report CSD-09-04 which recommended various
rates and fees associated with municipal recreation programs, facilities and
services for the period September 1, 2004 to August 31, 2007.
1.2 Historically, rates and fees have been established for a three (3) year period that
coincided with the term of Council. During the last election, the term of Council
changed from a three (3) year term to a four (4) year term. In light of this
change, staff propose a change of the term of the rates and fees from a three (3)
year period to a two (2) year period. Staff believe that a two (2) year period will
still provide participants/community groups adequate time to prepare and plan for
proposed fee increases, while providing a more accurate analysis of comparative
data and a better understanding of the current costs to provide the service.
1.3 As part of the rates and fees review, staff completed an analysis of applicable
comparison data for the municipalities of Port Hope, Oshawa, Whitby, Ajax and
Pickering.
1.4 This report will identify existing rates and fees and recommend a new schedule
for the 2007/08 year and 2008/09 year. (Attachment#1)
1.5 This report includes fees for the gymnasium, meeting rooms and pool at the
Newcastle and District Recreation Complex which will open Spring 2008.
2.0 Summary of Major Changes
2.1 Public Swimming and Skating
Currently there is no charge for children ages 5 and under to swim and/or skate
during any public swim/skate session at municipally run facilities. This report
proposes the introduction of a nominal fee ($2.75/session) for children between
the ages of 4 — 5 yrs. Children 3 years and under would continue to attend at no
charge.
2.2 10 Visit Passes
In order to meet customer needs the Municipality offers 10 passes" for a variety
of services (i.e. public swim, skate and fitness centre). The proposed fee
schedule adopts a standard methodology for determining the cost of a 10 pass.
All 10 passes have been calculated on the basis of 8 single visit admissions,
therefore, each 10 pass offers a standards savings of two single admissions.
1002
REPORT NO.: CSD-008-07 PAGE 3
2.3 Family Rates
Currently the Municipality has established "family rates" for both swimming and
skating. The intent of this rate was for immediate family with no restriction of the
number of people.
Staff are recommending that the family rate be revised to reflect a "group rate"
which would apply to any group arriving together. This rate would impose a limit
of 5 people, with a maximum of 2 adults per group. Staff believe this change will
result in improved customer service and greater public acceptance.
2.4 Non-Resident Rates
Currently there are individual non-resident rates for membership categories and
facility rental space. Recreation programs are currently not subject to a non-
resident rate however, the registration period is delayed by one (1) week to allow
Clarington residents the first opportunity to register for programs.
The proposed fee schedule recommends a standard 10% surcharge applied to
all facility rentals, membership categories and recreation programs.
Currently, the number of non residents participating in Municipality of Clarington
Community Services activities is very limited.
2.5 Ice Rate - Statutory Holiday Surcharge
This rate is being reduced from $90.00 per hour to $50.00 per hour which is a
more accurate reflection of our actual operating costs. The rate is added to all
ice rentals that occur on statutory holidays. The surcharge offsets the additional
costs incurred to staff a facility on days where holiday overtime rates apply.
2.6 Off Ice Training Rate
This new rate is created to provide minor ice sport users dry land training
facilities to complement their on ice programs. This rate will be applicable to
South Courtice Arena Upper Viewing and Garnet Rickard Recreation Complex
Multi-Purpose Rooms.
2.7 Indoor Soccer/Outdoor Lacrosse Rates - Prime Season/Off Season Dates
Changes to the dates applicable to prime and off season have been proposed.
Currently, the prime indoor season runs from September 1 to May 31. The
proposed revision will identify the prime season as October 1 to May 31. The
revised off season would operate June 1 to September 30. Staff anticipate an
increase in the use of the facility as a result of this change.
1003
REPORT NO.: CSD-008-07 PAGE 4
2.8 Multi-Purpose Room Rates - Community Group Licensed and Non Licensed
This new rate is based on a 10% discount off the existing applicable resident
rates for multi-purpose room rentals for Clarington-based community
organizations.
3.0 COMMENTS
3.1 Generally, proposed fee increases for the majority of services are between 2%
and 5%.
3.2 The Community Services Department continues to focus efforts on maintaining
quality services at reasonable rates, encouraging community participation and
active living. In preparing this report, staff monitored various trends in recreation
programming and comparable services provided by neighbouring municipalities.
3.3 Council is aware of ever increasing operational costs, specifically wages and
utilities. These increases have been considered by staff in preparation of this
report and are reflected in the recommended rates and fees.
Attachments:
Attachment#1 - 2007/08 and 2008/09 Rates and Fees
1004
CSD-008-07 Attachment#1
Schedule of Fe_es and Rates - 2007-2009
Proposed
Program/Service Unit Current Rate , 2007/08 ; 2008/09
General Admissions j
Public Swim/Skate-per visit
Adult
Youth/Senior
- _ - -- —---- - --- - $2.75 — $2.75 $2.75
Family/Group (Max 5, 2 adults— $7.50 _—$8.50 _ $9.25
Children 3 & under i No charge No charge+No charge
Children-4 - 5 yrs__ — --- No charge $2.75 $2.75
Adult 10 Pass _ _--- 10 pass $29.00 $30.001 $30.00
Youth/Senior 10 Pass 10 pass $21.00 $22.00! $22.00
Family 10_Pass _ _ _ _ 10 pass $57.00 $65.001 $74.00
Ticket Ice _ --— Hour $5.00 $6.00 $6.00
$6_00
Shinny $5.00. $6.001 $6.00
Youth Shinny _ —_ —_ $3.50 $4.0 C —_$4.00
Shin—y 55_ _ _ $3.50 $4.00 _ $4.00 i
Skate 55 _ _ _ No charge No charge No charge
Parent and Tot _ _ No char a No char a No charge_
Skate Sharpening________ _10 $30.00 $30.001 _ $30.00_
1--
Soccer BIS -
�er visit
- _ -1. --- --- - --
Drop-in Soccer _—_ _ ession $5.00 $6.001 — $6-
_00
*Currently no limit j
I
Q
Q I
Ln Pay-go activities
6/6/2007 Page 1 of 20
i
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 2008/09
Squash (CFC)-per visit
Adult
-- -- - ------- -L- -$9.00 $9.00' - $9.00
Youth/Senior _ _ $5.00 $5.00 $5.00
10 Pass 85.00 72.00 $72.00
Youth/Senior 10 Pass $46.00 $40.00: $40.00
Fitness
Aerobics-Adult 1 Session $6_00 $6.25;_ _ $6.50
Aerobics-Youth/Senior 1 Session $3.00 $3.25 $3.25
Fitness Centre-Adult --- _— Da ass $9.00,----$9.00, $9.50
Fitness Centre-Youth/senior Day pass 1 $4.50 $4.50; $4.75
Fitness Centre-Adult - - — 10 pass News $72.00. $76.00
Fitness Centre-Youth/senior 10 pass New $36.00j_ $38.00
Aerobics-Adult _ ___ 10 ass New $50.00�- _$52.00
Aerobics_Youth/Senior _ 10 ass New $25.00 j $26.00
Aquatics -- --- ---- -
Aquafit-Drop-In-Adult_ 1 Session $7.00 $7.25; _ --$7.50
Aquafit-Drop-In-Youth/Senior -_ 1 Session $3.50 $3.75; $3.75
.l
O
O
rn Pay-go activities
6/6/2007 Page2of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
--�— - —�- Proposed
Program/Service Unit Current Rate 2007/08 2008/09
Total Hockey - -
General Admissions-per visit —
General 04-64 yearsl _ $6.00 $6.00! $6.00
Youth (6-13 years) _ __ ——— _ $5.001 _$5.00! _ $5_.00
Child (5 years and under— —__ �- No charged No charger No charge
Senior(65 years and over) $5.00 $5.00; $5.00
Family (2 adults and 2 youthhhhhh) —_ $18.00 _$18.00:
_ _ $18.00
Groups (20 or morel Per person $4.00 $4.001 $4.00
i
Season Ticket Holder _ — $35.00, $35_00 — $35-.00
Team/Birthday Party-gold — Per person $20.00 $20.00 $20.00
Team/Birthday Party-silver Per person $15.00 $15.00 $15.00
I
Administration Fees
Cancellation Refund Fee-excluding facility rentals $10.00 $10.0 $10.00
NSF Fee _ _ $20.00 $25.001 $25.00
Replacement Access Card $5.00 $5.001 $5.00
O
Pay-go o activities
J
6/6/2007 Page3of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 2008/09'
Fitness
Fitness Assessments- - Hour $32.00 $36.001 $40.00
Fitness Assessments-Senior Hour $16.00]
8.00 $20.00
Personal Traininq Hour $32.00 $36.00! $40.00
Personal Training-Senior !Hour $16.00 $18.0&j $20.00
Personal Training— i
Pass $115.00 $150.00: $180.00
-Personal-Training Senior_ 15 Pass $57.50 $75.0 $90.00-
Personal TraiN __ 110 Pass $230.00 $278.00! $320.00
Personal Traininq-Senior ;10 Pass $115.00 $139.00 $160.00
1 hr per
Personal Traininq-_Groyp(2-3) ._ person $20.00 $30.001 $30.00
Fitness(Aerobics)---,,----- 12 Classes $49.00 $51.00 $53.00
Fitness (Aerobics)-Senior 12 Classes $24.50 $26.001 $27.00*
0
0
00 Programs
6/6/2007 Page4of20
CSD-0O8-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit i Current Rate 2007/08 2008/09
Recreation
March Break
Day C;�m Day Camp Dail
$125.001 $130.00 $135.00
Day Tri Ca
Summer Camp
DayCamp Week
Sports CaTp Week
Day Trip Cam
Week $175.00 $180.00 $185.00
Drama_Camp Week $185.00 $185.00 $185.00
Before &After Care Hour 6.00
Recreation Pro ms
Girls Club_(l_hour/weeky_ 10 Weeks
Weeks $43.00
Sportbaff-k-�iid 4�—min.Lweek) 10 We
Youth Floor Hockey (2_�rs kj 10 Weeks
-^
C)
0
oo PmQnomo
6/6/2007
Page5of2O
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
—� ---___._----------------
_.----I ----Proposed --
Program/Service Unit Current Rate 2007108 2008/09
Drama Club (1.25 hours/week) _—_— _ 10 Weeks
New $140.001 $140.00
---
Drama Club t:1.25 hours/wed _ 16 Weeks _$185.00 $185_0 $185.00
- --
Pre-Teen Dances Night _ $9.00 _$9.001 $9.00
--- ----Dances —
per child
Birthday Parties (2 hoursLI minimum 8 $10.001 $11.00 $12.00
After School Drop n — —� – —
� Per Visit No charge $1.00 _ $1.00
After School Drop In 10 Pass Newl $8.00 $8.00
O
j
C) Programs
6/6/2007 Page6of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
--- ----- ---;- --- -� - - I-----Proposed
Program/Service Unit Current Rate 2007/08 2008/09
Aquatics I
Red Cross Swim- Preschool =10 Lessons $68.00 $71.00 $7_4.00
Red Cross Swim Kids-Levels 1-4 0 Lessons $68.00 $71.001 $74.00
Red Cross Swim Kids-Levels 5-10 10 Lessons $72.00 . $75.00 $78.00
Private _ - 10 Lessons $208.00 $218.00, $227.00
Semi-Private (2 per class -- 10 Lessons $130.00 $136.00; $142.00
Bronze Star - 10 Weeks $78.00 $81.001 $84.00
Bronze Medallion + manual 10 Weeks $145.00 $150.001 $155.00
Bronze Cross +manual. 10 Weeks $132.00 $136.001 $141.00
Red Cross Assistant Water Safety Instructor $198.00 $204.001 $210.00
Red Cross/Lifesaving Society Instructor j $239.00 $244.001 $248.00
National Lifesaving Society 155 Hours $239.00 $244.00; $248.00_
Red Cross Instructor Recert_ $67.00 $67.001 $70.00
N_LS_Re_ce_rt_ _ $64.00 $67.00 $70.00
Adult Instruction 10 Lessons $78.00 $81.00__$84.00
Head Start 10 Weeks $25.00 $25.00_ $25.00
Swim Patrol 10 Weeks _ $72.00 $75.00 $78.00
Synchronized Swimming 10 Lessons $66.00 $68.001 $71.00
Aquafit-1/w_eek 112 Weeks $84.00 $_8-T0&1 $90.00
Aquafit-1/week-Senior 12 Weeks $42.00 $44.00 _$45.00
ActLuafit-2/week 12 Weeks $125.00 $140.00 $156.00
Aquafit-2/week-Senior 12 Weeks $62.501 _$70.00 $78.00
A uafit-3/week 12 Weeks $165.00_ $185_.0$207.00
Weeks a
cL
A uft-3/week-Senior 12 Wks
_ -_ ------ - $82.50 $93.00 $104.00
Nice and Easy Aquafit 10 Weeks $84.00 disc disc
Summer Aquafit-2/week _ 16 Classes New _$100.00 $10_4.00
Summer Aquafit-2/week-Senior 16 Classes New $50.00 $52.00
0
j
Programs
6/6/2007 Page7of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 2008/09
Standard First Aid/CPR C 116 Hours _ $78.00 $81_001 $84.00
Standard First Aid/CPR C Recert '!8 Hours $50_.00_ _$6_0.00__$_6__2.0_0
Emer enc First Aid/CPR B 8 Hours
-_ --�—Y----- --- -----I---- - $60.00 .--$60.00; $62.00
B.0.A.T.-Full course_ _ 8 Hours $6.5.00 $65.001'1___--
$68.00
B.O.A.T.-Exam only New $35.00 $35.00
C)
ro Programs
6/6/2007 Page8of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
i
Proposed
Program/Service I Unit Current Rate 2007/08 2008/09
Arena Rental Rates i
Winter Ice Permits (Labour Day-June 30 Annually) - -
PrimeTime Monday-Friday 5 pm-11 pm,
Saturday-Sunday 6am-11.OQp
Prime Time Adult Hour - _ $169.00 $174.001 $179.00
Prime Time Youth _ - - Hour $146.00 --$--15-0--.0_0_1 $155.00
Non Prime Adult Hour $139.00 $139.00! $143.00
Non Prime Youth .Hour $106.00 $106.00 $109.00
Non Resident Adult - Hour $210.00 10% Surcharge 10% Surchar e__
Non-Resident-
Stat Holiday Surcharge Hour $90.00 $50_001 $50.00
Tournaments/Special Events - - ---- -
Adult Prime
- - -- ------- - -- - Hour $180.0 - I - -- $-1-7 9.-0-
0 0 $174.Adult
Non prime _ New $139.001 $143.00
Youth Prime Hour $165.00 $150.00 - - $155.00
Youth Non prime New $106.001 $109.00
Summer Ice Permits(July 1-Labour Day) ! - - --
-Prime Time Adult Hour $174.00 $179.00 $184.00
- -- - -- - ---- - ------ - -- - -- - - --
Prime Time Youth --- Hour $165.00 $165.00 $165.00
Non-Prime Adult Hour New $144.00 $148.00
on Prime Youth Hour New $129.00 $133.00
Hockey Schools _ -- - Hour $150.00 $155.00 $155.00
Non-Resident Adult Hour rr. 0% a urcha e
0
W Facilities
6/6/2007 Page9of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 2008/09
Off Ice Training Rates (in conjunction with ice rentals Hour $20.00 $20.00
South Courtice Arena Upper Viewing, Garnet Rickard
---- ----
Complex Multi-Purpose Room— — --
Arena Floor Exhibits
Set up Da _ _ $345.00 _ $355.00 _ $365.-00
Exhibit Function-Community Groups— Da $900.001 $925.001 _ $950.00
Exhibit Funtion-Commercial Da $970.001 $1,000.00 $1,030.00
Dry Floor Permits
Adult Hour $70.00 _ $72.00 $74.00
- - - — ---
Youth Hour $61.00 $63.00 $65.00
Non-Resident Hour $80.00 10% Surcharge �10% Surcharge
C)
j
Facilities
6/6/2007 PagelOof 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 I 2008/09
Indoor Soccer Rates -Prime Season(October 1-May 31)
**changing from September 1
Adult-Prime Hour
_ _-_ $169.00 _-----_ $169.00 $169.00
Youth-Prime Hour $146.00 $146.00 $146.00
Adult Non Prime Hour -� _$139.00 _ $139.00' $139.00
Youth Non Prime Hour �- $106.00 $106.00! $106.0_0_
Non Resident Hour $200.00 10% Surcharge 10% Surcharge
_ - - - - - --
Indoor Soccer Rates -Off Season (June 1-September I
30)**changing from August 31
Flat Rate Hour
-$70.00 $70_001 1
$70.00
O_utdoor_Lacrosse Bowl Rates --
Lighted _ _ _- - Hour $25.00 $25.00 - $26.00
- -- -- -
Non-Lighted _ _ Hour $15.00 $15.00 $16.00
Pool Rental Rates
Pool Only/w 2 Guards
(Max 10� Hour $125.00 $125.00; $129.00
Pool and Tot Pool (Guards Hour $141.00 $141.00 $146.00
Pool and Slide (4 Guards - Hour $160.00 $160.00 - $_165.00
Pool/Slide/Tot Pool 5 Guards Hour $180.00 $180.001 $186.00
-- - - --- --- --
i
Youth-Clubs& Schools-5am-8am Guard Hour $57.00
- --- - - ------- $57_00 ----- --$59.00
Youth-Clubs & Schools-8am-1 0pm Guards extra Hour $55.00 $55.0_0 _ _
_ 57.00
Adults-Clubs Guards extra)___ _
-�--------)--- H
-------- $65.00 $65.001 $67.-00
Special Events e
- xtra -t - - -
_P (_._______-_�___-_--___ Hour $79.00 _Disci Disc
Lifeguards - _ --_ - Each $20.00
$20.00' $20.00
j
O
J
Ln Facilities
6/6/2007
Pagel1of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 200009
Multi-Purpose Rooms 1
i
Courtice 1
Full Hall Mond -Thursday;
Non Licenced-Resident Event-10 $275.00 $275.00L _ $283.00
Licenced-Resident _ Event-10 $390.00 _$390.001 $401.00
-Non Lic-e--nced--C om-m-u nity Group- - — $25700 0
— — — --- ----
Licenced-Community Group_ I — New $350.00; $360.00
Non Licenced-Non Resident Event-10 _$345.00 10% Surcharge_t10% Surcharge
- _ -- -
Licenced-Non-Resident Event-10 $490.00 10% Surcharg�10% Surcharge
Half Hall Monday-Thursday
Non Licenced-Resident Event-10 $160.00 $160.1301 $164.00
Licenced-Resident _ —— — Event-10 $220.00 $220.00 $225.00
Non-Licenced-Community Group_ _ New $144.00 $148.00
- on ----' —— --- -- ---- ------
Licenced_CommunitYGrou�--- New $200.00 $205.00
Non-Licenced-Non-Resident Event-10 $205.00 10% Surcharge 10% Surcharge
Licenced-Non-Resident Event-10 $280.00 10% Surchajr e_ 10% Surcharge
j
0
J
07 Facilities
6/6/2007 Pagel2of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
--------- -- — i--- -- - Proposed _ -
Program/Service Unit i Current Rate 2007/08 2008/09
Courtice j
Full Hall Frida -Sunday j —-
Non Licenced-Resident — Event-10 j _— $345_00 --- $345.00; $355.00
- --- --- —
Licenced-Resident Event-10 1 $500.00 $500.00':----
500.00 $515.00
Non Licenced Communit Group
--- New l —— $310.00;_ _._ $319.00
icenced-Community Group _ --- _ New _$450.001 $463.00
Non Licenced-Non Resldent Event-10
— -
_ $440.00 10% Surchariei10%a Surcharge
_L._ic_e n_c_e_d-_Non-Resident Event-10 $590.00 10/ Surchar a 10/ Sur-c h-
ar e
i i
Courfice ,
—
Half Hall Frida -Sunda
Non-Licenced-Resident Event-10 $190.00 $190.00; _ $195.00
Lic 00_enced-Resident _ _ Event-10 $280.001 $280. _
__ $288.00
Non Licenced CommunitvGroup New $171.00 $176.00
Licenced-Commun_Group New $252.00 $259.00
Non-Licenced-Non-Resident Event-l0— $235.00 10% Surchp_[ a 10% Surcharge
------c nc----------- --- ---
Licenced-Non-Resident Event-10 $340.00 10% Surcharge_ 10% Surcharge
New Years Eve $1.00
Licenced-Resident _ --- — Event-12 $1,015.00 $1_,015.00
Surcharge-- --o —$--1-,045.0
0
Licenced-Non-Resident Event-12 $1,260.00 10% 10% Surcarge__
icenced-Commune Group-- New _ $915.00 $942.0.0
Non-Licenced —_——---- --New —
$915.00 $942.00
—� — - - - -
---------- --
.l
0
J
Facilities
6/6/2007
Pagel3of 20
CSD-00 8-07 Attachment#1
_ Schedule of Fees and Rates -2007-2009
--- [----------proposed -
Program/Service Unit Current Rate 2007/08 2008/09
Rickard Recreation Complex - !
Full Hall
Monday-Thursday
--- --- ---------
Non Licenced-Resident _ Event-10 $510.00! $510.001 $525.00
Lice nced-Resident Event-10 $730.00 $730.001 $750.00
Non Licenced-Community Group -- _ New - $459.00 $472.00
Licenced-Community Group New $657.00 $675.00
Non-Licenced-Non=Resident_- Event-10 - $630.00 10% Surcharge 10% Surcharge
---
Licence Resident Event-1 0 $875.00 10% Surcharge 10% Surcharge
Half Hall Monda -Thursda
Non Licenced-Resident Event-10 $275.00 $275.00 $283.00
Licenced-Resident Event-10 $420.00 $420.00 $432.00
----- ---- - -------- ---- -- -- -- - - - -
Non-Licenced-Community Group New $248.00 $255.00
- - -- -
Licenced-Community Group_--- New $380.00 $391.00
Non-Licenced-Non-Resident Event-10 $355.00 10% Surcharge 10% Surcharge
Licenced-Non-Resident Event-10 $495.00 10% Surcharge 10% Surchaar e
Rickard Recreation Complex--
Full Hall Friday-Sunday
Non Licenced Resident Event-10 $645.00 $645.00 $664.00
Licenced-Resident $925.00 $925.00' _ $952.00
- ------------------------- Event-10 _
Non-Licenced-Community Group_ New $580.0 -
Licenced-Community Group - - New $833.00 $857.00
- - - --- -- - .--
Non Licenced-Non-Resident - Event-10 $760.00 1 10% Surcharge 10% Surcharge
- _ --- --
Licenced-Non-Resident
Event-10 $1, rg
100.00 10% Surchae 10% Surcharge_
Lice - --- -- ------- -
C
J
OD Facilities
6/6/2007 Page14of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 i 2008/09
Half Hall Frida rte-Sundaes I
Non Licenced-Resident Event-10 $360.00 $360_.00 $370.00
Licence-Resident Event-10 $515.00 $515.00 $530.00
Non Licenced-Community Group _ – New $324.00 $333.00
- _ -
icenced-Comm unity Group _ _ __ New $464.00 $477.00
Non-Licenced-Non-Resident Event-10 $430.00 10% Surcharge 10% Surcharge
Licenced-Non-Resident Event-10 $595.00 10% Surcharge-_ 10% Surcharge
New Year's Eve
Licenced-Resident Event-12 $2,000.00 $2,000.00 $2,060.00
- —
Licenced-Non-Resident Event-12 $2,400.00 10% Surcharge 10% Surcharge
icenced-CommunityGroup — New $1,800.00 $1,854.00
Non-Licenced New $1,800.00 $1,854.00
j
0
J
�p Facilities
6/6/2007
Page15of 20
GSD-008-07 Attachment#1
_ Schedule of Fees and Rates -2007-2009
-- Proposed -
Program/Service Unit Current Rate 2007/08 2008109
Meeting Room Rates
Community Groups _ - -- -- Hour i $28.00 $28.00 $28.00
Community Groups 4 Hrs New $75.00 $75.00
_. -
Resident - -- -, - --�---- -
_ Hour $3.8.00 _$38.00 $38.00
Private - - 4 Hrs New $105.00 $105.00
Non-Resident/Commercial _ _ Hour _~ $70.00 10% Surcharr a 10% Surcharge
Schools _
Hour - _. --- --
- - __-- _ _-_ ._--_-_--- $21.00 $21.00 $21_.00
Schools
- - -
rs New 45.00 $45.0 0
Courfice
Full Hall
Community Groups _ _ - - Hour $52.00 $52.00 $52.00
Community Groups -- 4 Hr New $135.00 $135.00
Resident
sident -- - _.
- Hour $78.00 $78.00 $78.00
- ---- ---- - ----
Resident---- Dail New $210.00 $210.00
Non-Res./Commercial - _ Hour $125.00 10% Surcharge 10% Surcharge
- - - -
Schools------- Hour $41.00 $41.00 $41.00
Schools 4 Hr New $110.00 $110.00
Half Hall
Community Groups -- Hour $28.00 $28.00 --$28.00
- ----
Communes Groups -- -- 4 Hr New $75.00 $75.00
Resident - - _
$45.00 $45.00 $45.00
- -- --- Hour
-Resident 4 Hr New $120.00 $120.00
Non Resident/Commercial Hour $70.00 10% Surcharges 10% Surcharge
Schools Hour $21.00 $21.00 $21.00
Schools-Mon-Fri daytime_ --_ - 4 Hr New' $45.001 $45.00
0
N
C) Facilities
6/6/2007 Pagel6of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit Current Rate 2007/08 2008/09
Rickard Recreadon Complex_-
Full Hall
Community Groups Hour __ $100.00 - $100.00 $100.00
Community_Groups 4 Hr Newl $300.00 $300.00
Resident -
Hour -,----- - ---- --- ._ . _
- ; $150.00+ $150.00 _ $150.00
Resident 4 Hr New _$375.00 $375.00
Non Resident/Commercial Hour -_ $240.00 10% Surchar_qe_ 10% Surcharge
Schools _ _ _ - - Hour
$76.00 _ $76.00 $76.00
Schools 4 Hr New $210.00 $210.00
Half Hall - - -j-- -- - --,-- ---- - -
Comm_unity Groups_____ _ --- Hour $49.00 $49.00__ $49.00
CommunityGroups - - 4 Hr New $120.00 $120.00
- ---
Resident ------- _ _._ _-
- ----- - --- - -- - -- - - Hour $75.00 $75.00 $75.00
Resident - 4 Hr New $210.00 $210.00
on-Resident/Commercial Hour $125.00 10% Surcharge 10% Surcharge_
-------- -----------.__- -.
Schools Hour
$38.00 $38.00 $38.00
Schools 4 Hr New $90.00 $90.00
0
N
-+ Facilities
6/6/2007 Pagel7of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
i Proposed
Program/Service Unit Current Rate 2007108 2008/09
Newcastle Recreation Complex --
Gymnasium
Full Gym
dult _ Hour ' _ New $40.00 _ �_ $42.00
Youth/Senior -New $30.00 $31.00
Half Gym
I
Adult Hour New $30.00_ ' $31.00
Adult - r
Youth/Senior _ _- -_-- Hour New $20.00 $21.00
.Meeting Rooms-400 sq ft
Community
_Groups ----_ Hour New — $28.00 $28.00
Community Groups _ 4 hr New $75.00_ _ _$75 Community __ _
Resident Hour New
$38.00 $38.00
Resident 4 hrs New $105.00 $105.00
Non Resident/Commercial Hour New 10% Surchar a 10% Surcharge
- ------ - --- -- —- ---- -- -
Non-Resident/Commercial- 4 hr New 10% Surcharge 10% Surcharge_
Hour
- ---- -
Schools _ — -- ----
New $21.00 $21.00
- - - -- -- -
Schools - - -
_-- 4 hr New $45.00 $45.00
Actw�ty Room Hour New _$20.00 ( _ $20.00
--
4 hr _—Newl $60.00 $60.00
Miscellaneous Fees r-- - -
Kitchen-With Hall Event $120.00 $120.00 $120.00
9 Only nl -- -
-- . _---L --- Hour I
$33.00 $33.00) $33.00
efundable Deposit Event _ $225.00 _—$225_00 $225.00
-- -
Bartenders Hour $19.50 $19.50+ $20.00
O
N
N Facilities
6/6/2007
Page18of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates - 2007-2009
---- ---- --- -- Proposed - - --
Program/Service Unit Current Rate 2007/08 i 2008/09
Pool Only
Adult Annual _ $150.00 $150.00 i $150.00
outh/Senior —--_ — -- Annual $76.001 $76.00; $76.00
Adult Monthly — —— $39.00 _— —$--3--9-..0-0( $39.00
— - -- -..
Youth/Senior Monthl —$21.00 ---$2100, $21.00
Family, Max 2 adults & 3 children Annual $240.00 $260 00 $280.00
_ - - --—
--— —. — ----
Famil�r, Max 2 adults & 3 children Monthl $63.00 $63.00 $63.00
quash(CFC) & Pool
Adult - — -
Annual $230.00 _$230.00 _ $230.0_0
Ann
Youth/Senior Annual $115.00 $115.001 $115.00
Adult
3 Month $135.00 — $135.00 $135.00
- - - - - - -- ----—
Youth/Senior 3 Month $70.00 $70.00 $70.00
j
O
WMemberships
6/6/2007 Page19of 20
CSD-008-07 Attachment#1
Schedule of Fees and Rates -2007-2009
Proposed
Program/Service Unit Current Rate i 2007/08 2008/09
Fitness(CCC), Pool &Squash (CFC)* *Membership now includes
squash @CFC
Resident
Adult
Annual $450.00 $460.00
Youth/Senior
Annual 1 $350.001 $350.00 $355.00
Corporate Annual $350.00' $350.00 $360.00
Family Discount-Add'I Adult
$350.00 $350.00 $360.00
Family Discount-Add'i Youth/Senior
Adult Annual $230.00 $230.00 $2-35-00
3 Month $175.001 $175.00 $178.00
Youth/Senior
$155-00
Summer Program (Mqy - T_ - $_158.00
_Labour Day) 3 Month $155.00$175.00 $175'001 $178.00
Post Secondary Student �t -$-178.00
Adult 4 Month $175.00 $175.0
1 Month $85.00 $85.00 $85.90
Youth/Senior 1 Month $75.00 $
75.00 $75.00-
Non Resident(Mio sitr_ch_ae___
on
Adult
Annual $590.00 101%Surchargel lo%surcharge
Youth/Senior
Annual $440.00 10% SurchargeL 10%-Surcharge
_qgrporate. Annual $440.00 10%Surcharge 10%Surcharge
Family Discount-Add'i Adult - - -_ u
Annual $440.00 10%Surcharge 10%Surcharge
_F�amily Discount-Add'l Youth/Senior Annual $320.00 10%Surcharge 10% Surcharge
Adult 3 Month $225.00 10%Surcharge 10% Surcharge
Youth/Senior Month $190.00 10%S 10.% Surcharge
-arge
13 Surcharge
Summer Program (May 1-Labour Day)
$225.00 10%Surcharge 10%Surcharge
Post Secondary Student
4 Month $225.00 j 10% Surcharge 10%Surcharge
Adult --------- 1 Month $_ 105.0q 10%_Surcharge 10%Surcharge
.Youth/Senior 1 Month $95.001 10%Surcharge 10% Surcharge
C)
Memberships
6/6/2007 Page20of20
1 •
arm n
Leading the Way REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE.AND ADMINISTRATION COMMITTEE
Date: June 18, 2007 Resolution #:
Report#: CSD-009-07 File #: By-law#:
Subject: HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENT,
RUDELL ROAD, NEWCASTLE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-009-07 be received; and
2. THAT the Mayor and Municipal Clerk be authorized to execute the easement
agreement between the Municipality and Hydro One Networks Inc. contained as
Attachment#1.
Submitted by: Reviewed b
s ph P. Caruana Franklin Wu
irector of Community Services Chief Administrative Officer
JPC/GA/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506
1025
REPORT NO.: CSD-009-07 PAGE 2
1.0 BACKGROUND
1.1 Hydro One Networks Inc. is preparing for the installation of a new hydro service
from Cobbledick Road to the Newcastle & District Recreation Complex on Rudell
Road.
1.2 This new service will be buried underground from Highway 2 and will run along
the west side of Rudell Road.
1.3 The five metre by five metre easement is required to locate the switching kiosk
on private property adjacent to the electrical ductbank being constructed by the
building contractor (see Attachment #1).
1.4 Our solicitor has reviewed the easement agreement and advises it is acceptable.
2.0 COMMENT
2.1 As the request for easement is to provide an electrical service to the complex,
staff are in full agreement with this request.
Attachments:
Attachment# 1- Hydro One Easement Agreement
1026
CSD-009-07 Attachment # 1
913 Crawford Drive
L J� >� Distribution
Peterborourgh,Ont
y S( Technician K9J 3X1
(� Services Fax:(905)713-6927
April 5, 2007
George Acorn
40 Temperence St.
Bowmanville,Ont.
L1C 3A6
RE: Registered Easement of switching Kiosk on Community Centre Property
Dear Mr. Acorn:
Enclosed find 2(two)copies of an Offer to Grant an Easement for a required switching kiosk on the property of the
Clarington Community Centre. As per a request from Adrian Coolen, Hydro One has been requested to locate this kiosk
on private property to eliminate any visual obstructions on Rudell Rd.Could you please complete the necessary boxes on
the Schedule A document(Lot,Concession,Owner name and signature)and return both copies to the undersigned. If this
document and requirements need to go to Counsel,could Hydro One get a written/verbal agreement to place this kiosk on
the Community Centre property until the said documents have been processed?
Any questions or concerns may be addressed to the undersigned.
Please forward any future initial inquires to:
Hydro One Networks Inc.
Attention: Scheduling Department
913 Crawford Drive
Peterborough,Ontario
K9J 3X1
Zone3scheduling@HydroOne.com
Phone: 1-888-871-3514
Fax: 1-705-743-9890
Sincerely
B. Jamie Bignell
Area Distribution Engineering Technician
] big_nell cu,HydroOne.com
1027
OFFER TO GRANT AN EASEMENT TO
HYDRO ONE NETWORKS INC.
I/We,The Corporation of The Municipality of Clarington
(the "Transferor(s)"),
being the owner/owners of Part Lot 31 in the First Concession, in the Municipality of Clarington (formerly Township of
Darlin ton , in the Region of Durham, or according to Registered Plan No. 40 R 24713, (herein called the "Lands"), in
consideration of payment of the sum of Zero($0.00)DOLLAR (the"Offer Consideration"), and other good and valuable
consideration(the receipt and sufficiency 0f 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 (the'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(the terms and conditions of which are the same or substantially the same as those
set out in paragraph 7) (the"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 (b). The purchase price for the Rights shall be the sum of Zero ($0.00) 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(120) 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 frame, 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 or before the One Hundred and Twentieth (120'h)day after the date of Transferee's acceptance
of this Offer(the"Closing") subject to the availability of a satisfactory survey, if 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 (in 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 tide 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 ,poles and 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");
(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;
(d)
Apr 2002 Page 1 of 3 1028
(i) to enter on and cut 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;
(ii) 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 safe
operation and maintenance of the line;
(e) to enter on and conduct engineering and legal surveys in,on and over the Strip;
(f) 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(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,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 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.
(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.
Q) 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:
To: Transferor To: Transferee
The Corporation of The Municipality of Clarington Hydro One Networks Inc.
Address: 40 Temaerence Street Address: 913 Crawford Dr
Bowmanville.Ont.L1C 3A6 Peterborough,Ont.K9J 3X1
Facsimile No: Facsimile No:705-743-9890
Phone: 905-623-3379 Phone: 416-791-1805
Attention: Attention: B.Jamie Bignell
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 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 for any loss, damage of 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
Apr 2002 Page 2 of 3 1029
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 party(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 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 Act, R.S.O. 1990, c. F. 3, as amended, failing which, the Transferor 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 cost 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 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 5(fifth)day of June 2007.
SIGNED AND DELIVERED
In the Presence of )
Transferor's Name
Transferor's Name
Consent Signature&Release of
Transferor's Spouse,if non-owner
Page 3 of 3 1030
Not/ To Scale
I
I
5000
5m X Sm --- k.:,�25 0 0 SAFELINt
REGISTERED EASEMENT BCP 111
SWITCHING KIOSK K AR I PLUS GR
OWNED BY HYDRO N E LEAVE 3
2S
CABLE
o
o
0
t
S
. . ...............
Owner Name Legend Municipality of Clarington Lot Part Lot 31 Parcel
New Pole Owner Signature Concession
One
Anchor Owner Name Township
New Line Municipality of Clarke
Former Township Existing Pole Q Owner Signature p Clarke
Existing Anchor— Agent B. Jamie Bignetl Sub-Lot Plan 40R24713
O Existing Line — — —
W Date May 31, 2007 County
Clarinaton
Leading the Way REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007 Resolution #:
Report#: CSD-010-07 File #: By-law#:
Subject: ORONO ARENA AND COMMUNITY CENTRE REVIEW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-010-07 be received;
2. THAT the By-law to establish the Orono Arena and Community Centre be referred to the
Clerk for review and to initiate the nomination process to appoint the prescribed
members to the Board in accordance with the Municipal Act 2001;
3. THAT a third party agreement between the Orono Arena and Community Centre Board
and the Orono Amateur Athletic Association be referred to the Operations Department
for coordination and report back to Council;
4. THAT the Clerk's Department undertake a review of all existing by-laws establishing
Boards under the former Community Recreation Centres Act with a view to establishing
these Boards under the Municipal Act 2001;
5. THAT a copy of Report CSD-10-07 be forwarded to the Orono.Amateur Athletic
Association and the Orono Arena and Community Centre Board and advised of action
taken; and
6. THAT in rested parties be advised of Council's decision.
Submitted by: Reviewed b ..
`J eph P. Caruana Franklin Wu
i/ irector of Community Services Chief Administrative Officer
JPC/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506
1032
REPORT NO.: CSD-010-07 PAGE 2
1.0 BACKGROUND
1.1 At the request of Council through Resolution GPA-075-07 "that the mandate of the
Orono Arena Board be referred to staff for a full review of the arena and community
centre operation", staff has conducted a review of the Orono Arena Board.
1.2 As part of the review, staff from Corporate Services, Finance, Operations and the
Clerk's office was consulted throughout the process. In addition to Municipal staff,
the Municipal solicitor and representatives of Municipal Affairs and Housing were
also consulted.
1.3 In conducting the review, the following list of criteria was established in preparation
of this Report:
- Legislative Requirements/Municipal By-law
- Third Party Agreement
- Composition of the Board
- Facility Operations
2.0 LEGISLATIVE REQUIREMENTS/MUNICIPAL BY-LAW
2.1 In reviewing the relevant provincial act and by-law authorizing the appointment.of
the Board, issues surfaced which require the attention of Council.
2.2 The Orono Arena and Community Centre Board was established in accordance
with the Community Recreation Centre Act 1974 as revised and consolidated to
December 31, 2002, as reflected in By-Law 78-63, as amended.
2.3 The provisions of the Community Recreation Services Act which enabled the
Municipality to establish a community centre and appoint a board to manage and
control the Orono Arena and Community Centre on behalf of the Municipality were
repealed effective January 1, 2003, however, the by-law continued in force until its
expiration or January 1, 2006. In essence, because this Board was established
under a now repealed Act, the Municipality should it desire to establish a Board, is
required to establish the Board under current legislation.
2.4 In order to continue to have the Orono Arena and Community Centre managed and
controlled by a board acting on behalf of the Municipality, a Municipal Services
Board could be established by Council, under Section 195 of the Municipal Act
2001.
1033
REPORT NO.: CSD-010-07 PAGE 3
3.0 THIRD PARTY AGREEMENT
3.1 Council should be made aware that the Orono Arena Board entered into a third
party agreement with the Orono Amateur Athletic Association (OAAA) assigning the
operational responsibilities of the Orono Arena and Community Centre to the Orono
Amateur Athletic Association (Attachment #1).
3.2 The Municipal solicitor was asked to comment on the legality of this agreement
and in his opinion, "unless prohibited by Council in the by-law establishing it, a
Municipal Services Board would have power to enter into a contract with a third
party to provide particular services for it. For example, a Municipal Services Board
could be allowed to enter into a contract for services along the lines of the
Statement of Understanding between the Orono Arena Community Centre Board
and the Orono Amateur Athletic Association, subject to any limits or conditions that
Council may impose in the by-law establishing it".
3.3 Staff is recommending that when a new by-law establishing the Arena Board as a
Municipal Services Board under the Municipal Act 2001 is approved, that a third
party agreement be referred to the Director of Operations, as the Municipal
liaison, for recommendation as to whether the agreement should be approved by
Council.
4.0 COMPOSITION OF THE BOARD
4.1 In reviewing the existing by-law, it is noted that the by-law was reviewed and
subsequently amended through the adoption of Report CS-06-93
(Attachment #2). The composition of the Board was amended at that time to
include a total of eight appointees; two members of whom should be members of
Council, two members shall be representatives of the Durham Central
Agricultural Society, two members of the Orono Amateur Athletic Association and
two members from the community at large, not affiliated with either the Orono
Amateur Athletic Association or the Durham Central Agricultural Society.
4.2 The involvement of the Durham Central Agricultural Society relates to a previous
agreement between the Durham Central Agricultural Society and the Municipality
where the two parties entered into an agreement authorizing the Municipality to
construct the Orono Arena and Community Centre on land owned by the Durham
Central Agricultural Society. In essence, the Municipality owns the building and
the Durham Central Agricultural Society owns the land it was built on.
4.3 It should be noted that the appointments to the Board have not met the criteria as
established in the existing by-law, specifically, the Board has not met the
representative criteria established in the by-law for several years.
4.4 Staff is recommending that the by-law be referred to the Clerk for review and
subsequently to initiate the nomination process for the purpose of appointing the
1 034
REPORT NO.: CSD-010-07 PAGE 4
prescribed members to the Orono Arena and Community Centre Board under the
authority of a new by-law in accordance with Section 195 of the Municipal Act
2001.
5.0 FACILITY OPERATIONS
5.1 In consultation with the Director of Operations regarding the day-to-day
management and operation of the Orono Arena and Community Centre, staff is
pleased to inform Council that there are no operational concerns.
5.2 The Orono Arena and Community Centre continues to offer its services in a safe
and customer-friendly manner. As a result, staff is recommending that this
facility continue to operate as a Municipal Services Board of Council as permitted
under the Municipal Act 2001.
6.0 COMMENT
6.1 Through this review, staff met with representatives of the Orono Amateur Athletic
Association, who indicated a desire to continue to operate the Orono Arena and
Community Centre under the guidelines provided in the Statement of
Understanding.
6.2 Staff has also reviewed this report and associated recommendations with the
Orono Amateur Athletic Association who are in agreement with the
recommendations.
6.3 It should also be noted that this review has brought to light the fact that other
Boards of Council are also structured under the now repealed Community
Recreation Centres Act and require review. Staff is recommending the Clerk
review all existing Boards that may be affected by this change in legislation and
report back to Council
Attachments:
Attachment#1 - Statement of Understanding/Third Party Agreement
Attachment#2 - Report CS-06-93
Interested Parties to be advised of Council's decision:
Susan Sawyer DaCosta
1035
C5t)-010-07- ATTACHMENT#1
r1TTACliMFNT "C
STATL,'4EN-1• OF UNDERSTANDING
W1 ERL-AS the Or a
,ono Arcn 'Co
tnmunih, Centre Board (hereinafter referred to ss the
IIoard) considers it desirable to assign the operational respor.,sibilities of 'thy Orono
Aiei►�'i ommunity Ceaere (herei after referred to as the facility) to the Orono �.ntatcu
Albletic Association (hereinafter referred to as the O.A.A.A.); r
NOW THEREFORE the Board End the O.A.A.A. agree:
1. THAI; the daily operation and maintenance of the Facihty.will be the res
of the O.A.A.A. on the behalf of and reporting to the Board; pbnsrbility
2. THAI' the O.A.A.A. will:
(a) Prepare a detailed schedule of ice allocations and hall rentals which irlcludcs
the name of the permit holder/organization and the file number of they permit;
(U) Prepare and submit for approval a detailed schedule of fees to be a
hall and ice rentals; pplied to
(c) To receive and keep on file copies of permit applications and ertnits issued
for the Facility; P
(d) Establish policy(les) for rules to govern the use of the Facility and to sub
these to the Board for consideration and approval; mrt
(e) Keep distinct and regular statements of accounts detailing receipts, p'y 7nent<,
credits and liabilities;
(:) Prepare and submit quarterI financial rnanc'
at reports for all aspects of the l acility's
operation including, but not limited to, Concessions, Hall Rentals, Ice
Rentals; : -
(e) Attend all meetings of toe Board and present, verbally and/or in writing, a
Progress report of the Facility operations;
(li) Maintain a.close, ongoing liaison with the Board in aV matters relative to the
operation and maintenance of the Facility; and,
W To inform the Board, in writing, of all maintenance requir=eats lilac are
considered iu the catcoory of capital expenditure(s).
i
1 036
3. THAT the Board will:
(a) To observe and corn _ ,• .... :
ameP Y �?��.t"�e parameters of Bylaws ..78-63 an4 93-54
(bring the 6y-jaw to amend B taw,78-
O To receive and respond SJC,i�.�
to a inquiries, both written and verbal, relative to
the activities of the Board and the operation of the Facility;
.. �' '
(c) Maintain a close, ongoing liaison with the O.A.A A
the operatiou and mainteniuice of the Facwty; to all matters relative to
(d) No ' the ub ' of the o and ,
• at �_ Qil
(e) Ensure that all 1 nd,
employees of,ihe Board have the necessary and a ro e
ing• pp : print_
Health and Safety train
4. TEKht OF ASSIGNED ...: I
�SI'ONSIBILITIES: I
OCI'OBER 20,1993 to JUNE 30, 1994
S• The Statetneut of �.i t— " ' '
Understanding ••
annual basis b • ' • - • •.•
s to be reviewed and revised, as necessary oo a
y both the Board and the O-A.A.A_ n
i
1320 1037
CSD-010-07 - ATTACHMENT#2
THE CORPORATION OF THE TOWN OF NEWCASTLE
THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# G jot .
Date: APRIL 5, 1993
Res.# -93
By-Law#.
Report#: Cc-06-9j File#:
Subject: ORONO ARENA COMMUNITY CENTRE BOARD
AMENDMENTS TO THE BY-LAW (78-63)
Recommend
atlona:
It is respectfully recommended that the General Purpose and
Administration Committee recommend forthwith the following:
1. THAT Report CS-06-93 be received;
2. THAT By-Law 78-63 be amended as outlined in this report;
3. THAT the Clerks' Department be directed to initiate the
nomination process for the purpose of appointing the
prescribed members to the Orono Arena Community Centre
Board;
4. THAT the Durham Central Agricultural Society and the
Orono Amateur Athletic Association be requested to submit
their designates for the Orono Arena Community Centre
Board;
5. THAT all interested parties be advised of Council's
decision.
1. 0 BACKGROUND
1. 1 At the meeting of Council, held July 27, 1992, Mrs.
Elaine Flintoff came forward as a delegation to inform
Council of her concerns regarding the management of the
Orono Arena Community Centre and an incident involving
her son. As a result, Council passed the following
resolutions:
. ./2
901
iiiii �KL�lt
.......oa .,,a 1038
REPORT NO. CS-06-93 - 2 - APRIL 5o 1993
"THAT the presentation of Mrs. Elaine Flintoff be
received;
THAT a meeting be organized with the Orono Arena
Community Centre Board co-ordinated by Councillor
Dreslinski and the Community Services Department in order
to deal with the concerns raised by Mrs. .Flintoff;
THAT staff examine the appropriate by-law establishing
the subject Board in light of Mrs. Flintoff's comments;
THAT a report be prepared and presented to the General
Purpose and Administration Committee regarding all of the
above as soon.*as possible; and,
THAT Mrs. Elaine Flintoff be advised of the above
actions."
1.2 This report will recommend amendments to the existing by-
law (By-Law 78-63. - Attachment 1) which was originally
passed by Council to establish the Orono' Arena Community
Centre Board and its responsibilities in the operation of
the facility. Please note that the concerns of Mrs.
Flintoff, relative to her son, have previously been
addressed through Report I CS-32-92 which was received by
Council during the General Purpose and Administration
Committee meeting of October 19, 1992.
2.0 REVIEW OF BY-LAW 78-63
2.1 The staff of the Community Services Department and
Councillor Dreslinski met on two (2) occasions with
representatives of the Board - on September 15, 1992 with
Mr. Gordon Lowery and Mr. Laverne Boyd of the Orono
Amateur Athletic Association (O.A.A.A. ) ; and, on February
9, 1993 with the aforementioned members of the O.A.A.A. ;
Mr. Bill Tomlinson, Mrs. Carole Bailey and Judge Richard
Lovekin (retired) of the Durham Central Agricultural
Society. The meetings were held to review the existing
by-law and to discuss possible resolves to the concerns
that have been raised. The following is a review of
. ./3
REPORT NO. CS-06-93 - 3 - APRIL So 1993
specific areas of the By-law and the proposed
amendments that have been agreed upon by all
parties.
2.2 Com osition of the Board
By-law 78-63 established the composition of the
original Board as "seven (7) persons all of whom
shall be appointed annually by resolution of
Council". The actual outside affiliation of
members was prescribed as two members of Council,
two members from the Durham Central Agricultural
Society, two members from the Orono Amateur
Athletic Association; and, one member from t h e
Orono community (to be nominated through a public
meeting) . Following some discussion, it was
suggested and agreed that this aspect of the By-
law be amended to allow for equal representation
from all interest groups by increasing the number
of community representatives to two (2) . It is
suggested that the two public representatives
should not be affiliated with either the Orono
Amateur Athletic Association or the Durham Central
Agricultural Society.
2.3 Meetings of the Board
By-law 78-63 did not stipulate any guidelines or
requirements for the establishment of regular Board
meetings. It did stipulate, however, that when the
Board met the meetings were to be open to public
participation except when matters of personnel,
property or legal matters were to be discussed. In
practice, since there was no requirement for
ongoing meetings, the Board did not meet on a
regular basis and, for all intents and purposes,
ceased to exist in the format as required by the
. ./4
7J �
i nAn
REPORT NO. C8-06-93 - 4 APRIL 5, 1993
by-law. To resolve this situation and to ensure open
meetings for public participation, it is recommended that
Council amend the existing by-law to provide for a
minimum of four (4) meetings of the Board during each
calendar year* - one of which being a formal Annual
General Meeting during which officers of the Board would
be elected. The dates of these meetings would be the
first issue dealt with by the Board with the agreed dates
being submitted to the Community Services Department for
information.
2.4 The remaining provisions of By-Law 78-63 are recommended
to stand as originally written. The Board will continue
to be responsible to operate the Orono Arena, as they
have in the past, with no additional changes. In the
February 9, 1993 meeting it was clearly stated that the
Community Services Department is satisfied with the level
of maintenance and upkeep of the Orono Arena and that
there are no concerns relative to the day-to-day
operations of said facility. The Board will continue to
submit all financial records to the Townt's Treasury
Department for annual audit and all minutes of meetings
will be submitted to Council for information.
3-.0 SUMMARY
3.1 The discussions that were held between the Community
Services Department and the groups associated with the
operation of the Orono Arena Community Centre were all
very positive and informative. The proposed amendments
to By-Law 78-63 have been incorporated into the revised
by-law (Attachment 2) . Once approved by Council, it is
recommended that the .Clerks Department be directed to
initiate the public nomination process for the purpose of
. ./5
REPORT NO. CS-06=93 - 5 - APRIL 51 1993
allowing interested residents of the former Township of
Clarke to submit their names for appointment to the Orono
Arena Community Centre Board. The term for new
I
appointments would be effective as of the ratification of
the proposed amendments and the term would conclude as of
December 31, 1993. Appointments to the Board in the
future will be incorporated into the ongoing nomination
process as implemented by the- Clerks Department.
3.2 The appointees from the Durham Central Agricultural
Society and the Orono Amateur Athletic Association are to
be submitted, in writing, to the Clerks Department and
will be confirmed by Council upon ratification of the
amended by=law. The term for these appointees would be
under the same conditions and length of term as described
for the public's appointees.
3.3 Through the re-establishment of the Orono Arena Community
Centre Board and the re-initiation of public meetings, it
is hoped that the public's participation in the direction
and operation of the Orono Arena will be enhanced. It is
also hoped that through the adoption of the proposed
amendments that communication concerns, with both the
public and the Municipality, will be resolved to the
mutual satisfaction of all concerned. The Community
Services Department is committed to working with the
members of the Board to ensure that the quality and
levels of service provided are maintained and that the
working relationships involved are strengthened.
3.4 Those individuals who were in attendance at the February
9, 1993 meeting have reviewed this report and are in
agreement with the recommendations.
- 'T �5
i
REPORT NO. CB-06-93 - 6 - APRIL 51 1993
Respectfully Submitted, Recommended for presentation
to the Committee
Jo ph F. Caruana, D rector Lawrence E. Kot a f,
D artment of Community Services Chief Administ a Vve Officer
JPC:JJC:sa
Interested parties to be notified of Council's decision:
Mr. Gordon Lowery Mrs. Carole Bailey
Orono Amateur Athletic Durham Central Agricultural
Association Society
P.O. Box 123, Main Street 12 Churchill
ORONO, Ontario ORONO, Ontario
LOB IMO LOB 1M0
Mr. Laverne Boyd Judge Richard Lovekin .(Retired)
Orono Amateur Athletic 196 Lovekin Road
Association Newcastle; Ontario
P.O. Box 165
ORONO, Ontario
LOB 1M0
Mr. Bill Tomlinson
Durham Central Agricultural
Society .
P.O. Box 294
ORONO, Ontario
LOB 1M0
7 ��
IHE CORPORATION OF THE
.r TOWN OF NEWCASTLE
BY-LAW N0, 78-63
BEING A BY-LAW TO ESTABLISH THE ORONO ARENA
AS A COMMUNITY CENTRE IN ACCORDANCE WITH THE
COMMUNITY RECREATION CENTRES ACT, 1974 AND TO
PROVIDE FOR THE ESTABLISHMENT OF A COMMUNITY
CENTRE BOARD,
WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE CONSIDERS
. IT DESIRABLE TO CREATE A COMMUNITY CENTRE FOR THE ENJOYMENT
AND BENEFIT OF THE RESIDENTS OF THE TOWN OF NEWCASTLE, AND IN
PARTICULAR FOR THE USE AND ENJOYMENT OF THE RESIDENTS OF THE
COMMUNITY IN OR ABOUT THE ENVIRONS OF THE FORMER POLICE
VILLAGE OF ORONO;
4✓ AND WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE HAS
LEASED FROM THE DURHAM CENTRAL AGRICULTURAL SOCIETY THE LANDS
AND PREMISES MORE PARTICULARLY DESCRIBED IN AN AGREEMENT
BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE y
DURHAM CENTRAL AGRICULTURAL SOCIETY DATED THE 1ST DAY OF
SEPTEMBER, 1977 AND WILL CONSTRUCT AN ARENA, COMMUNITY CENTRE
AND GRANDSTAND THEREON;
AND WHEREAS THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE CONSIDERS IT DESIRABLE THAT THE SAID ARENA,
COMMUNITY CENTRE AND GRANDSTAND BE DESIGNATED A COMMUNITY
CENTRE AS CONTEMPLATED BY THE COMMUNITY RECREATION CENTRES
ACT, 1974;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF NEWCASTLE ENACTS AS FOLLOWS:
r+'
- 2 -
J 1. THAT THE ARENA, COMMUNITY CENTRE AND GRANDSTAND BE AND
THEY ARE HEREBY ESTABLISHED AS A COMMUNITY CENTRE PURSUANT
TO THE COMMUNITY RECREATION CENTRES ACT, 1974.
2. THAT THE AFORESAID ARENA, COMMUNITY CENTRE AND GRANDSTAND BE
UNDER THE MANAGEMENT AND CONTROL OF A BOARD APPOINTED BY
COUNCIL TO BE CALLED "THE ORONO ARENA COMMUNITY CENTRE BOARD"
AND HEREINAFTER REFERRED TO AS THE 'BOARD" TO BE COMPRISED OF
SEVEN (7) PERSONS ALL OF WHOM SHALL BE APPOINTED ANNUALLY BY
RESOLUTION OF COUNCIL; TWO MEMBERS OF WHOM SHALL BE MEMBERS
OF COUNCIL, AND IT IS THE WISH OF THIS COUNCIL, WITHOUT BINDING
ANY FUTURE COUNCIL THAT, TWO MEMBERS SHALL BE REPRESENTATIVES
OF DURHAM CENTRAL AGRICULTURAL SOCIETY, TWO MEMBERS OF THE
ORONO ATHLETIC ASSOCIATION AND ONE MEMBER SHALL BE NOMINATED
FROM THE ORONO COMMUNITY AT A PUBLIC MEETING CALLED FOR THE:
PURPOSE OF NOMINATING A REPRESENTATIVE TO SUCH BOARD.
v/ 3. IN CASE OF VACANCY BY DEATH OR RESIGNATION OF A MEMBER OR
FROM ANY OTHER CAUSE OTHER THAN FOR EXPIRATION OF THE TERM
FOR WHICH HE/SHE WAS APPOINTED, COUNCIL SHALL BY RESOLUTION
APPOINT ANOTHER ELIGIBLE PERSON IN HIS/HER PLACE FOR THE
UNEXPIRED PORTION OF THE TERM,
4. A MAJORITY OF THE MEMBERS OF THE BOARD CONSTITUTES A QUORUM.
5. MEMBERS OF THE BOARD SHALL BE BOUND BY THE PROVISIONS OF
THE CONFLICT OF INTEREST ACT.
6. SUBJECT TO SUCH LIMITATIONS AND RESTRICTIONS AS COUNCIL MAY,
FROM TIME TO TIME, IMPOSE BY BY-LAWS, RESOLUTION OR OTHERWISE, .
THE BOARD MAY :-
(A) FIX THE TIMES AND PLACES OF MEETINGS OF THE
BOARD, AND THE MODE OF CALLING AND CONDUCTING
THEM AND MAKE REGULATIONS GOVERNING THE
�✓ CONDUCT OF ITS MEMBERS AND EMPLOYEES;
($) ELECT A CHAIRMAN, VICE-CHAIRMAN, AND A SECRETARY
TREASURER, ALL OF WHOM SHALL HOLD OFFICE AT THE
PLEASURE OF THE BOARD, OR FOR SUCH PERIOD AS THE
BOARD MAY PRESCRIBE;
(C) EMPLOY SUCH OFFICERS AND SERVANTS AS IT MAY DEEM
NECESSARY, DETERMINE THE TERMS ON WHICH THEY ARE
TO BE EMPLOYED, FIX THEIR SALARIES AND PRESCRIBE
THEIR DUTIES.
(D) ADOPT POLICY FOR RULES FOR THE USE OF THE COMMUNITY
CENTRE AND FOR THE ADMISSION OF THE PUBLIC THERETO,
AND FOR REGULATING ALL OTHER MATTERS AND THINGS
CONNECTED WITH THE MANAGEMENT THEREOF,
7. THE BOARD HAS POWER TO LET FROM YEAR TO YEAR OR FOR ANYTIME
NOT EXCEEDING IO YEARS, THE RIGHT TO SELL REFRESHMENTS WITHIN
`' THE ORONO ARENA ON SUCH TERMS AND CONDITIONS AS THE BOARD
MAY PRESCRIBE.
8. A MEETING OF THE BOARD SHALL BE OPEN TO THE PUBLIC AND
NO PERSON SHALL BE EXCLUDED THEREFROM EXCEPT FOR IMPROPER
CONDUCT, OR WHEN PERSONNEL, LABOUR RELATIONS, PROPERTY
ACQUISITION AND ADVICE OF COUNSEL ON -Pf_NDING OR POSSIBLE
LITIGATION MATTERS ARE BEING DEALT WITH.
9. THE BOARD SHALL KEEP MINUTES OF ITS MEETINGS AND ALL BOOKS,
PAPER DOCUMENTS USED IN, AND PERTAINING TO THE BUSINESS OF
THE BOARD, AND ALL SUCH MINUTES, BOOKS, PAPERS AND DOCUMENTS
SHALL BE OPENED TO THE MEMBERS OF COUNCIL AND TO OTHER PERSON
OR PERSONS APPOINTED FOR THE PURPOSE BY COUNCIL.
i
� ^ c
7 'J'
10. THE BOARD SHALL, ON OR BEFORE THE FIRST DAY OF MARCH
IN EACH YEAR, PREPARE AND SUBMIT TO COUNCIL AN ESTIMATE
OF ITS FINANCIAL REQUIREMENTS FOR THE ENSUING FINANCIAL
YEAR.
11, THE BOARD SHALL KEEP DISTINCT AND REGULAR ACCOUNTS OF ITS
RECEIPTS, PAYMENTS, CREDITS AND LIABILITIES .
12, THE ACCOUNTS AND TRANSACTIONS OF THE BOARD SHALL BE
AUDITED BY THE MUNICIPAL AUDITOR, AND ALL MINUTE BOOKS,
BOOKS, RECORDS, DOCUMENTS, TRANSACTIONS, ACCOUNTS AND
VOUCHERS OF THE BOARD SHALL BE OPENED TO HIS INSPECTION
AT ALL TIMES,
13. IMMEDIATELY AFTER ITS ACCOUNTS AND TRANSACTIONS HAVE BEEN
AUDITED, THE BOARD SHALL SUBMIT THEM, TOGETHER WITH AN
1 ANNUAL REPORT OF ITS AFFAIRS TO COUNCIL.
14. THAT BY-LAWS NUMBERS 77-74 AND 77-79 ARE HEREBY REPEALED,
READ A FIRST AND SECOND I'IME THIS 25TH DAY OF SEPTEMBER, 1978,
READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF SEPTEMBER,
MBER,
i _ G. R, KI CKARn
MAYOR
v(/t---"
J. •--
CLERK.
i10
1047
Ille L,urpurauun oT Ine town OT n4ewcasve
The Corporation of the Town of Newcastle
BY-LAW 93._
being a by-law to amend By-Law 78-63, being a by-law to establish the Orono Arena as
a Community Centre in accordance with the Community Recreation Centres Act (1974)
and to provide for the establishment of a Community Centre Board.
WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE considers it desirable
to amend By-Law 78-63;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE ENACTS AS FOLLOWS:
THAT By-Law 78-63 is hereby amended as follows:
1. THAT Section 2 be deleted in its entirety and replaced with the following:
"2. THAT the aforesaid Arena, Community Centre and Grandstand be under
the management and control of a Board appointed by Council to be called
the "Orono Arena Community Centre Board"and hereinafter referred to as
the 'Board' to be comprised of eight (8) persons all of whom shall be
appointed annually by resolution of Council -two (2) members of whom
shall be members of Council; two (2) members shall be representatives of
the Durham Central Agricultural Society; two (2) members of the Orono
Amateur Athletic Association; and, two (2) members from the former
Township of Clarke."
2. THAT Section 6(A) be deleted in Its entirety and replaced with the following:
"6. SUBJECT to such limitations and restrictions as Council may, from time
to time, Impose by By-Laws, resolution or otherwise, the Board agrees to:
(A) Hold regular meetings a minimum of four (4) times during each
calendar year - one of which shall be a formal Annual General
Meeting during which officers of the Board are to be elected. The
Board shall be responsible to fix the times and places of meetings
of the Board and to establish the mode of calling and conducting
the business of the Board and to make regulations governing the
conduct of its members and employees;"
READ A FIRST AND SECOND TIME this th day of , 1993.
READ A THIRD TIME and finally passed this th day of , 1993.
MAYOR
CLERK
1 n48
_ 'T 1
•
arm n
Leading the Way REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: June 18, 2007 Resolution #:
Report #: CSD-011-07 File #: By-law #:
Subject: WORLD RECORD WALK — October 3, 2007
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-011-07 be received; and
2. THAT the Municipality of Clarington participate in the World Record Walk on
Wednesday, October 3, 2007.
Submitted by: Reviewed b
J s P. Caruana Franklin Wu
ctor of Community Services Chief Administrative Officer
JPC/SM/AE/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506
1 049
REPORT NO.: CSD-011-07 PAGE 2
1.0 BACKGROUND
1.1 The World Record Walk (WRW) www.worldrecordwalk.ca will take place
extensively across Ontario and in other regions of Canada simultaneously at
12:30 p.m. EDT on October 3, 2007. The walk will be one kilometre in length,
taking approximately 20 minutes to complete. Schools, communities, workplaces
and trail organizations are being urged to participate. As a result, it is anticipated
that over 3,000 events will happen at the same time. The cumulative total will be
tallied in an effort to break the Guinness World Record for the largest
simultaneous 1 km walk.
1.2 The current record was set in September 2006 by Western Australia, with
100,915 participants.
1.3 The World Record Walk is being organized by Green Communities Canada
(www.greencommunitiescanada.ca), a national association of community-based
non-profit organizations that deliver innovative environmental programs and
services, with a focus on household and community action. Green Communities
Canada supports member organizations in working together to achieve
environmental sustainability, including healthy ecosystems and communities,
sustainable resource use and clean air, water, and soil.
1.4 The World Record Walk has been promoted extensively to municipal leaders to
facilitate broad-based community participation. The involvement of communities
is part of a broader strategy designed to focus on healthy community design that
will encourage active transportation and recreational walking and that will benefit
both individual health and the environment.
1.5 With the involvement of schools, communities, workplaces and trail
organizations, the World Record Walk is positioned to smash the existing world
record with an anticipated participation rate of 300,000+. This event, however, is
about much more than breaking a world record. The purpose of the World
Record Walk is to launch a "walkolution" by creating a culture of walking in our
communities.
2.0 COMMENT
2.1 Healthy Weights for Healthy Kids, the report of the Parliamentary Standing
Committee on Health reported in March 2007 that Canada has one of the highest
obesity rates in the developed world. Of young Canadians aged 2 to 17,
26 per cent are obese. Today's generation of children is expected to have
shorter life expectancy than their parents.
1050
REPORT NO.: CSD-011-07 PAGE 3
2.2 In Canada, approximately 30% of greenhouse gas emissions result from
transportation. These emissions are contributing to global warming which will
have long term impact on children. (Canadian Institute of Child Health, Climate
Change and Your Child's Health, Information Package: www.cich.ca);
45 per cent of the greenhouse gases produced by the average Canadian family
are from personal transportation. (Canadian Climate Change Centre, 1993).
2.3 The Durham Heart Health Coalition supports the Municipality of Clarington's
participation in the World Record Walk and also in the broader opportunities of
the "walkolution." These are positive, highly visible, green, active, social
capacity-building steps that municipal leaders can take to address the two
daunting social issues of the obesity epidemic and the dilemma of climate
change.
2.4 Many schools in our community will be organizing their own World Record Walk,
as it is being promoted extensively to every school in Ontario.
2.5 It is recommended that the Community Services Department organize a walk to
contribute to the overall success of the event. The walk is to be promoted to
community members and to Municipal employees.
2.6 The success of the event will be evaluated on an annual basis to determine
repeat participation.
1051
•
L
REPORT
ang the Way
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: CLD-025-07 File #: By-law #:
-Subject: ANIMAL ADIVISORY COMMITTEE — REVISED TERMS OF REFERENCE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-025-07 be received; and
2. THAT the revised Terms of Reference for the Animal Advisory Committee be approved
by Council.
Submitted by:(Pa ie, A.M.C.T. Reviewed by: Franklin Wu,
un al Clerk Chief Administrative Officer
PLB*CAG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 01 3
REPORT NO.: CLD-025-07 PAGE 20
BACKGROUND
The Terms of Reference for the Animal Advisory Committee were approved by Council in 1996
and are included in this report as Attachment 1.
On March 14, 2007, the first meeting of the Animal Advisory Committee for this term was
convened. At that meeting, the Deputy Clerk provided the Committee members with an
introduction, a briefing on the history of the Committee and highlighted the Committee
accomplishments. During this meeting, the Terms of Reference were reviewed to assist the
Committee in establishing its goals and objectives.
Upon review, it was concluded that the Terms of Reference appeared to have duplicated
objectives. As well, some of the objectives such as "fundraising" no longer applies or
accurately reflects the Committee activities.
The Committee agreed to consider the suggested amendments at the next Advisory Committee
Meeting. On May 9, 2007, the Animal Advisory Committee further discussed the Terms of
Reference and adopted a revised Terms of Reference.
The Animal Advisory Committee recommends that the draft revised Terms of Reference as
included in this report as Attachment 2 be adopted by Council.
Attachments:
Attachment 1 - Terms of Reference —Adopted by Council 1996
Attachment 2 — Draft Revised Terms of Reference
1102
Attachment Ito
Report CLD-025-07
Report CD-37-96 - 4 - July 2, 1996
Since Staff of the Animal Control Services Division work closely with the Fire
Department, Police Department, Oshawa District Humane Society and Health
Department, copies of Agendas and Minutes would be forwarded to these
agencies and they would be given the opportunity to attend meetings if they
wanted to discuss a specific issue.
2.3 TERMS OF REFERENCE
Members of the Animal Control Advisory Committee would support and assist.the
Animal Control Division with the following:
• the promotion of various animal care programs;
• public education relating to animal ownership;
• more publicity/visibility of the Clarington animal shelter;
• "target specific" fundraising: i.e., for the purchase of a special piece of
equipment, etc.;
• assist the Animal Control Officers with upgrading/expanding their
qualifications by researching availability of animal related education
programs;
• review by-laws, policies and procedures - make recommendations and
provide support;
• initiation and promotion of financial donations to the animal shelter for
which the Municipality will issue tax exempt receipts;
• help to promote animal education in elementary schools;
• seniors sometimes have to give up their pet because of a short-term crisis;
members of the committee would assist these seniors by feeding and
walking their pet during this crisis;
• visit nursing homes with a pet;
• promote animal care programs;
• provide fundraising dollars to improve the animal shelter relating to
isolation of communicable diseases;
• write a regular newspaper column pertaining to pet awareness.
1103
6n4
Attachment 2 to
Report CLD-025-07
f
ANIMAL ADVISORY COMMITTEE
TERMS OF REFERENCE
Members of the Animal Advisory Committee would support and assist the Animal
Control Division with the following:
• The promotion of public education relating to animal ownership and
welfare;
• Review by-laws, policies and procedures — make recommendations and
provide support;
• Assist the Animal Control Officers with upgrading/expanding their
qualifications by researching availability of animal related education
programs; and
• Assist with.fundraising campaigns
• Write newspaper articles pertaining to pet awareness as required
1104
Leading the Way .
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-026-07 File # By-law #
Subject: Lions Club Offer to Lease, Clarington Beech Centre
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-026-07 be received;
2. THAT the offer from the Lions Club for the lease of space in the Clarington Beech
Centre in the amount of$948.46 / month for the term of September 1, 2007 to June 30,
2008 be approved;
3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the lease agreement with the Lions Club be forwarded to Council for approval.
Submitted by' i Reviewed by ran Wu,
ne Marano, H.B.Sc., C.M.O.
Director of Corporate Services Chief Administrative Officer
MM\\LAB\km
1201
REPORT NO.: COD-026-07 PAGE 2
BACKGROUND AND COMMENT
The existing lease with the Lions Club expires June 30, 2007.
An offer has now been received from the Lions Club to lease the space for the period of
September 1, 2007 to June 30, 2008. A nominal 2% increase in the price is proposed.
Thereby increasing the price to $948.46 per month.
As there has been very little change in the market conditions since last year, it is staff's
recommendation that the offer be accepted.
As with the previous agreement, rental fees for the Lions Club meetings will be paid
directly to Clarington Older Adult Centre and are not included in this lease agreement.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1202
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 Lions Club,
Bowmanville, Ontario, to enter into agreement for the lease of
Clarington Beech Centre, 26 Beech Street, Bowmanville,
Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Lions Club, 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
1203
THIS LEASE is made the day of ,2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the"Lessor")
OF THE FIRST PART
-and-
THE LIONS CLUB OF BOWMANVILLE,ONTARIO,
a company incorporation under the laws of the Province of Ontario
(hereinafter called the"Lessee")
OF THE SECOND PART
LEASE AGREEMENT
1204
TABLE OF CONTENTS
ARTICLE ONE DEMISED PREMISES,TERM AND USE..................................................5
1.1 Demised Premises.........................................................................................5
1.2 Facilities and Equipment ...........................................................................5
1.3 Term...............................................................................................................5
1.4 Use.................................................................................................................6
1.5 Nuisance........................................................................................................6
ARTICLE TWO RENT AND OTHER CHARGES................................................................6
2.1 Rent................................................................................................................6
2.2 Rent Past Due................................................................................................6
2.3 Other Charges................................................................................................6
ARTICLE THREE REPAIRS, MAINTENANCE AND ALTERATIONS................................7
3.1 Lessor's Duty to Repair,to Heat and to Provide Utilities...............................7
3.2 Lessee's Duty to Maintain..............................................................................7
3.3 Cost of Remedying Lessee's Default.............................................................7
3.4 Prior Approval Required of Lessee's Alteration of Premises.........................7
3.5 Construction Liens..........................................................................................8
ARTICLE FOUR REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT.....................8
4.1 Right to Remove Fixtures,etc........................................................................8
ARTICLE FIVE ACCESS AND ENTRY.........................................................................8-9
5.1 Access to Demised Premises........................................................................9
5.2 Entry not Forfeiture.........................................................................................9
ARTICLE SIX INSURANCE AND INDEMNITY...................................................................9
6.1 Lessee's Duty to Insure..................................................................................9
6.2 Terms of Policies..........................................................................................10
6.3 Evidence of Policies.....................................................................................10
6.4 Failure to Provide Insurance........................................................................10
6.5 Indemnity............................................................................................. 10-11
6.6 Responsibility for Loss or Damage...................................................... 11 - 12
6.7 Benefit of Indemnity,etc...............................................................................12
6.8 Dangerous Use............................................................................................12
ARTICLE SEVEN DAMAGE AND DESTRUCTION..........................................................13
7.1 Damage to Demised Premises....................................................................13
7.2 Insured Damage to or Destruction of Demised Premises...........................13
7.3 Uninsured Damage to Demised Premises...................................................13
7.4 Termination of Lease After Destruction or Damage to Demised
Premises......................................................................................................14
7.5 Actions Following Termination.....................................................................14
7.6 Restoration of Demised Premises If Lease Not Terminated.......................14
7.7 Restoration and Insurance Proceeds...........................................................14
7.8 Determination of Matters..............................................................................15
7.9 Limitation of Liability.....................................................................................15
ARTICLE EIGHT ASSIGNMENT, LEASE.........................................................................15
8.1 Consent Required........................................................................................15
Page 2 of 22
HALEASES-AGREEMENTSWons CIublEASE-LIONSCLUB 2007.DOC
1205
ARTICLENINE DEFAULT................................................................................................15
9.1 Events of Default..................................................................................15-16
9.2 Right of Re-Entry..........................................................................................16
9.3 Legal Expenses to Recover Possession......................................................16
9.4 Right of Termination.....................................................................................16
9.5 Right to Re-let..............................................................................................16
9.6 Separate Remedies 17
.....................................................................................
ARTICLE TEN GENERAL PROVISIONS..........................................................................17
10.1 Definitions.....................................................................................................17
10.2 Schedules Form Part of Lease....................................................................18
10.3 Quiet Enjoyment...........................................................................................18
10.4 Covenants....................................................................................................18
10.5 No Partnership or Agency............................................................................18
10.6 PST and GST...............................................................................................18
10.7 Overholding No Tacit Renewal....................................................................18
10.8 Waiver..........................................................................................................18
10.9 Distress.........................................................................................................19
10.10 Costs............................................................................................................19
10.11 Set-Off and Accord and Satisfaction............................................................19
10.12 Authority of Lessor,etc. ...............................................................................19
10.13 Rules Regarding Operation of Demised Premises and Areas....................19
10.14 Demised Premises and Areas to be Smoke-Free.......................................19
10.15 Not Used ......................................................................................................19
10.16 Not Used .....................................................................................................19
10.17 Acknowledgement Basement and Second Floor Not Improved..................19
10.18 Use of Additional Areas by the Lessee........................................................20
10.19 Lease Subject to Lease................................................................................20
10.20 Notices..........................................................................................................20
10.21 Force Majeure..............................................................................................20
10.22 Time of Essence..........................................................................................20
10.23 Enforceability................................................................................................20
10.24 Enurement....................................................................................................21
10.25 Governing Law.............................................................................................21
Schedule"A"-Floor Plan
Page 3 of 22
WLEASES-AGREE MENTS\Lions CIublEASE-LIONSCLUB 2007.DOC
1206
THIS LEASE is made the day of ,2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the"Lessor")
OF THE FIRST PART
-and-
THE LIONS CLUB OF BOWMANVILLE,ONTARIO
a company incorporation under the laws of the Province of Ontario
(hereinafter called the"Lessee")
OF THE SECOND PART
WHEREAS:
The Lessor has agreed to lease to the Lessee and the Lessee has agreed to lease from the
Lessor, the designated space located in the building known as the Clarington Older Adult Centre
for Municipal Purposes known as 26 Beech Avenue,Bowmanville,Ontario.
Now therefore this lease witnesses that in consideration of the rents, covenants and agreements
hereinafter reserved and contained on the part of the Lessor and the Lessee,the Lessor leases to
the Lessee,and the Lessee leases from the Lessor,the Premises on the following terms.
Page 4 of 22
H:\LEASES-AGREE ME NTS\Lions Club\LEASE-LIONSCLUB 2007.DOC
1207
ARTICLE I
DEMISED PREMISES,TERM AND USE
1.1 Demised Premises
The Demised Premises comprising both(1)the two rooms on the second floor of the Building
which rooms are identified as the Day Nursery Facilities and are outlined in blue on the floor
plans contained in Schedule"A"hereto, and(2)the storage room on the second floor of the
aforesaid Building which is identified as the Storage Room which is outlined in blue on the floor
plans contained in Schedule"A"together with a non-exclusive easement which may be
exercised by the Lessee, its employees,licensees,invitees and guests to use the west
staircase identified on the floor plans contained in Schedule"A"hereto for the purpose of
ingress to and egress from the aforesaid Day Nursery Facilities during the hours of 8:00 a.m.
and 4:30 p.m.,Mondays through Thursdays from September 1 to June 30 of each year or part
of a year of this Lease and any extension or renewal thereof.
The demised premises include non exclusive use of the washroom on the second floor of the
aforesaid Building which is identified on the floor plans in Schedule"A"hereto.
1.2 Term
The Term of this lease shall commence on September 1,2007(the"Commencement Date")
and shall terminate June 30,2008.
1.3 Use
(a) Throughout the Term of this Lease and any extension or renewal thereof,the
Lessee shall use, permit or suffer the Day Nursery Facilities to be used only for the
purpose of a licenced day nursery under the Day Nurseries Act,the Storage Room
to be used only for the purpose of storage of the Lessee's furniture,equipment and
supplies for the purposes set out in this Lease. Throughout the Term of this Lease
and any extension or renewal thereof,the Lessee shall use, permit or suffer the
Leased Areas, Facilities and Equipment only for the purposes intended by and
during the times set out in this Lease.
(b) At all times throughout the Term of this Lease and any extension or renewal thereof,
the Lessee shall continuously,actively and diligently carry out,cause,or suffer the
use of the Demised Premises and every part thereof in compliance with all
applicable laws and the provisions of this Lease and shall not use or occupy or
permit or suffer the use or occupancy of the Demised Premises or any part therefore
for any other purpose. The Lessee at its cost shall obtain all necessary permits or
licences required by applicable law in respect of any use which the Lessee or any
person who claims under the Lessee, may make or permit or suffer any other person
to make of any part of the Demised Premises.
(c) The Lessee acknowledge and agrees that the Lessor shall not be responsible for
any of the Lessee's costs, liabilities, or responsibities in respect of employment
contracts made by the Lessee with full-time or part-time employees of the Lessee or
volunteers of the Lessee. None of the full-time or part-time employees of the
Lessee shall be considered or deemed to be employees of the Municipality for any
purpose, and none of them shall be considered to be required or to be eligible to
participate in the Ontario Municipal Employees Retirement System. Prior to hiring
employees,the Lessee shall bring the content of this paragraph 1.4(c)to their
attention.
Page 5 of 22
H:VLEASES-AGREEMENTSlions Club\LEASE-LIONSCLUB 2007.DOC
1208
1.4 Nuisance
The Lessee shall not commit, permit or suffer(i)any waste,damage or injury to the Demised
Premises including,without limitation,the improvements, installations,fixtures and equipment
thereon or therein; (ii)any nuisance in or on the Demised Premises; (iii)any overloading of any
HVAC system, any utility or electrical, plumbing system,mechanical equipment,facilities or
other facilities or systems within or serving the Demised Premises; and(iv)any waste,damage
or injury of the Premises or any part thereof or of any other systems serving the Premises or
any part thereof. The Lessor in its sole discretion, may determine whether the Lessee is in
breach of any provision of this Section 1.5.
ARTICLE TWO
RENT AND OTHER CHARGES
2.1 Rent
The Rent reserved by the Lessor by this Lease is eleven thousand,three hundred and eighty
one dollars and fifty two cents($11,381.52)per annum payable in equal monthly instalments of
nine hundred and fourty eight dollars and fourty six cents($948.46)in advance with the first
instalment being due and payable on the Commencement Date, in equal monthly instalments in
advance.
2.2 Rent Past Due
Except as otherwise provided in this Lease, if the Lessee pays the Rent reserved hereby,fully
performs all of its covenants and duties under this Lease and no Event of Default has occurred,
the Lessee shall be entitled to peaceful and quiet enjoyment of the Demised Premises for the
Term without interruption or interference by the Lessor or any person claiming through the
Lessor.
2.3 Other Charges
(a) In each and every year during the Term of this Lease and any renewal or extension
thereof,the Lessee shall be responsible for and pay and discharge promptly when due all
municipal taxes and levies, including all general upper-tier levies, all special upper-tier levies,
and all education taxes or levies if applicable,all charges for telephone used upon or in respect
of the Demised Premises or for fittings, machines,apparatus, meters or other things leased in
respect thereof,and all work and services performed by any corporation or commission in
connection with such utilities, provided that if the Lessee or Demised Premises are exempt from
the payment of either or both municipal taxes and levies and taxes or levies,the Lessee shall
pay to the Lessor an amount(s)equal to the taxes and levies that would be paid and on the
same day as would have been the case if the Lessee or the Demised Premises was not
exempt.
Without limiting the foregoing in any way,during the Term,the Lessee shall also be responsible
for and shall pay promptly the aggregate of all expenses and costs of every kind,without
duplication, incurred by or on behalf of the Lessor for which the Lessee is responsible under the
provisions of this Lease with respect to maintenance of the Demised Premises.
(b) The Lessee shall(i)provide the Lessor within ten(10)days after receipt of same any tax
bills, assessments, utility charges and other notices regarding the foregoing and(ii)promptly
deliver to the Lessor receipts evidencing the payment of all the foregoing. If received by the
Lessor,the Lessor shall promptly deliver to the Lessee any such tax bills, assessments, utility
charges and other notices regarding the foregoing.
Page 6 of 22
HALEASES-AGREEMENTSUons Club\LEASE-LIONSCLUB 2007 DOC
1209
ARTICLE THREE
REPAIRS, MAINTENANCE AND ALTERATIONS
3.1 Lessor's Duty to Repair,to Heat and to Provide Utilities
Except as otherwise provided in this Lease,the Lessor at all times throughout the Term of the
Lease and any extension or renewal thereof shall repair and keep in repair the Demised
Premises. The Lessor shall also repair and keep in the repair those portions of the Premises
which maybe be used by the Lessee as provided in this Lease including all exterior areas of the
Premises. The Lessor at its cost shall heat the Demised Premises between October 15th and
April 1st of each year and provide electricity and water services to the Demised Premises.
3.2 Lessee's Duty to Maintain
The Lessee at all times throughout the Term shall keep in a clean and tidy condition free of
debris and garbage and shall maintain to a reasonable standard the Demised Premises as
provided in this Lease, provided that all exterior and interior areas of the Premises which may
be used by the Lessee on a non-exclusive basis shall be maintained by the Lessor.
3.3 Cost of Remedying Lessee's Default
If the Lessee breaches its duty under Section 3.2 for a period of fifteen(15)days after being
given written notice by the Lessor specifying with reasonable particularity the breach(es)in
question,in addition to the other remedies available for the Lessor under this Lease and
Licence or under the applicable law,the Lessor may enter upon the Demised and perform the
maintenance in question. The Lessor's Administrator will notify the Lessee in writing of the cost
of doing so and forthwith thereafter the Lessee shall pay an amount equal to such cost to the
Lessor.
3.4 Prior Approval Required of Lesses's Alteration of Premises
(a) No alteration shall bd made to any part of the Demised Premises or the
Premises by the Lessee without the written approval of the Lessor's Administrator being first
obtained. The Lessee shall submit to the Lessor details of the proposed alterations,including,
without limitation, plans,drawings and specifications prepared by qualified architects or
engineers in conformity with the Lessor's then current building standards. All such alterations
shall be performed(i)at the sole cost of the Lessee, (ii)by contractors and workmen
designated,provided or approved by the Lessor,(iii)in a good and workmanlike manner, (iv)in
accordance with plans,drawings and specifications approved in writing by the Lessor and,
where required,by other authorities having jurisdiction, (v)in satisfaction of all applicable legal
and insurance requirements,(vi)subject to reasonable regulation,supervision,control and
inspection by the Lessor,and (vii)only after there is provided to the Lessor such indemnification
against construction liens and evidence of such additional Lessor's insurance as the Lessor
may reasonably require.
(b) Whether or not the Lessor gives its approval to a proposal alteration,the Lessee
shall pay to the Lessor, on demand,all of the Lessor's reasonable costs(including,without
limitation,fees and disbursements of architects,engineers and designers)incurred in reviewing,
consulting in respect of,approving, inspecting and supervising any and all such alterations.
The Lessor shall have the right to require the Lessee to make a payment to the Lessor in
respect of such costs as a precondition to the Lessor's granting any necessary approval
thereof. Such reasonable costs shall be deemed to include,without limitation,all amounts paid
or payable by the Lessor to third parties,and all reasonable charges of the Lessor for the cost
of providing its own personnel.
(c) The Lessor's approval of any alteration or plans,drawings or specifications with
respect thereto shall not constitute a waiver by the Lessor of the Lessee's obligations herein to
comply with all laws and all requirements of all authorities with respect to such alterations, nor
shall the Lessor's approval constitute an acknowledgement or agreement by the Lessor that
such laws and requirements have been complied with.
Page 7 of 22
HALEASES-AGREEMENTS\Lions Club\LEASE-LIONSCLUB 2007.DOC
1210
3.5 Construction Liens
The Lessee shall promptly pay for all materials and services supplied and work done on its
behalf in respect of the Demised Premises or the Premises so as to ensure that no claim for
lien under the Construction Lien Act is registered against any portion of the Demised Premises,
or the lands which comprise part of the Premises.
If a claim of a lien is registered on title, the Lessee shall discharge it at its expense within ten
(10)days thereafter,failing which the Lessor,at its option, may discharge the lien by paying the
amount claimed to be due into Court or directly to the lien claimant. All expenses of the Lessor
including, without limitation, legal fees (on a solicitor and his client basis) shall be paid by the
Lessee to the Lessor forthwith after the Lessor's Administrator gives the Lessee written notice
requiring it to do so.
ARTICLE FOUR
REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT
4.1 Right to Remove Fixtures.etc.
During the Term or on its expiration, when it is not in default of performance of any of its
covenants under this Lease, the Lessee at its cost may remove Lessee's fixtures, equipment
and personal property from the Demised Premises, provided that the Lessee at its cost shall
restore Demised Premises or area by making good any damage that has occurred either by the
installation of Lessee's fixtures, equipment or personal property or by the removal of any of
them from any part of the Demised Premises or area. If the Lessee does not remove its
fixtures, equipment and personal property from the Demised Premises at the expiry of the
Term, they shall become the absolute property of the Lessor without prior notice being given to
the Lessee or compensation therefore being paid by the Lessor to the Lessee, and the Lessor
shall be free to use or to dispose of the same and to appropriate the proceeds of disposal to the
Lessor's own use absolutely. The Lessor's rights and the Lessee's duties under this Section
4.1 shall survive the expiry or earlier termination of the Term and any extension or renewal
thereof.
ARTICLE FIVE
ACCESS AND ENTRY
5.1 Access to Demised Premises
(a) Without limiting any other right which the Lessor may have pursuant to this Lease or at
law,the Lessor shall have the right,but not the obligation,following reasonable written notice to
the Lessee (except in the case of an emergency or apprehended emergency where no such
notice shall be required), to enter the Demised Premises at any time and for any of the
following purposes:
(i) to examine the Demised Premises or to perform any maintenance, repairs,
replacements, alterations or improvements to the Demised Premises or any part thereof
as may be permitted or required by this lease, or to perform any maintenance, repairs,
replacements, alterations or improvements to the Building, or any part thereof or to the
HVAC System or to any mechanical, electrical or plumbing equipment or systems, or
any part thereof,within or serving the Demised Premises or any part thereof;
(ii) to preserve and protect the Demised Premises, or any part thereof in respect of any
construction or other work being performed in Demised Premises adjoining or in the
vicinity of the Demised Premises,or on any part of the Demised Premises;
(iii) for any purposes as determined by the Lessor in cases of emergency;
Page 8 of 22
HALEASES-AGREEMENTS\Lions CIub1LEASE-LIONSCLUB 2007.DOC
1211
(iv) to read any utility or other similar meter located in the Demised Premises;
(v) during the last twelve (12) months of the Term (or any renewal or extension Term if
renewed or extended), but only during normal operating hours, to show the Demised
Premises to prospective Lessees, and to permit them to make inspections,
measurements and plans;
(vi) to exercise any of the rights available to the Lessor pursuant to this lease or to perform
such work in respect of the Demised Premises, or any part thereof, as the Lessor shall
deem necessary.
(b) The Lessor shall have the right to take into the Demised Premises all such material and
equipment as it may require in connection with any of the purposes referred to in this Section
5.1. The Lessor shall exercise its rights under this Section 5.1, to the extent reasonably
possible in the circumstances, in such manner and at such times as the Lessor's Administrator
shall determine, and to the extent practical in the circumstances,so as to minimize interference
with the Lessee's use and enjoyment of the Demised Premises.
5.2 Entry not Forfeiture
Notwithstanding anything contained in this Lease,the exercise by the Lessor of any of its rights
under this Lease, including, without limitation, (1)any of its rights set out in Section 5.1, and (ii)
the exercise of any right under this Lease to enter the Demised Premises and to do anything
therein, shall not constitute a breach of any covenant for quiet enjoyment, or a constructive or
actual eviction,or a re-entry or forfeiture(except where expressed by the Lessor in writing), nor
shall it render the Lessor liable for any injury, loss, costs or damages whatsoever, howsoever
caused, whether direct or indirect, incurred as a result thereof by the Lessee, nor shall the
Lessee be entitled to any compensation, diminution or abatement of Rent (except as may be
otherwise expressly provided in this Lease).
ARTICLE SIX
INSURANCE AND INDEMNITY
6.1 Lessee's Duty to Insure
The Lessee shall obtain and maintain throughout the Term of this Lease and any extension or
renewal thereof:
(i) all risk insurance on all property of every description, nature and kind owned by the
Lessee or for which the Leasee is legally liable located within the Demised Premises in
its own name, naming the Lessor as an additional insured, in an amount not less than
the full replacement cost thereof without deduction for depreciation;such insurance shall
be subject to a replacement cost endorsement; any dispute as to the amount of the
replacement cost shall be settled by the Lessor or by a consultant appointed by the
lessor at the Lessee's cost;
(ii) general liability and property damage insurance including Lessee's legal liability in the
minimum amount of Five Million Dollars ($5,000,000), naming the Lessor as an
additional insured, and containing a cross-liability endorsement, and other terms and
conditions satisfactory to the Lessor's Treasurer,acting reasonably.
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6.2 Terms of Policies
Each policy of insurance referred to in Section 6.1 shall be in form and substance and with
insurers reasonably acceptable to the Lessor's Treasurer. Each of the insurance policies shall
contain (i) an undertaking by the insurers under such policies that no material change adverse
to the Lessor or Lessee will be made, and the policy will not be cancelled or terminated, except
after not less than thirty (30) days written notice by registered mail to the Lessor and the
Lessee of the intended change, cancellation or termination, and (ii) a clause stating that the
Lessee's insurance policy shall be primary insurance and shall not call into contribution and
shall not be excess to any other insurance that may be available to the Lessor. Each of the
policies referred to in Section 6.1 shall contain a waiver,in respect of the interests of the Lessor
of any provision in any such insurance policies with respect to any breach or violation of any
warranties,representations,declarations or conditions contained in such policies.
6.3 Evidence of Policies
The Lessee shall provide to the Lessor for acceptance prior to the earlier of the
Commencement Date and the date it occupies the Demised Premises for any purpose,
evidence satisfactory to the Lessor's Treasurer of such insurance or, if required by the Lessor's
Treasurer, evidence in the form of copies of the policies certified to be true copies by an officer
of the insurer and signed by the insurer. In addition, upon request by the Lessor or upon the
placement, renewal, amendment or extension of all or any part of such insurance, the Lessee
shall immediately provide to the Lessor evidence of such insurance in and completed in
accordance with the Lessor's standard form of certificate of insurance or, if required by the
Lessor's Treasurer, evidence in the form of copies of the policies certified to be true copies by
an officer of the insurer and signed by the insurer.
6.4 Failure to Provide Insurance
The cost or premium for each and every such policy shall be paid by the Lessee prior to the due
date therefor. If the Lessee fails to take out or maintain such insurance or fails to provide to the
Lessor such certified copies of insurance and certificates of insurance as herein required, or if
any such insurance is not acceptable to the Lessor's Administrator (and if the Lessee fails to
commence to diligently rectify and thereafter proceed to diligently rectify the situation within
forty-eight (48) hours after written notice by the Lessor to the Lessee (stating, if the Lessor,
from time to time, does not approve of such insurance, the reasons therefor), then the Lessor
shall have the right, but not the obligation,to do so,to pay the cost or premium therefor,without
prejudice to any other rights or remedies of the Lessor under this lease or at law, and in such
event the Lessee shall repay to the Lessor,on demand,the amount so paid.
6.5 lndemnitv
Notwithstanding any other provision of this lease, the Lessee shall indemnify the Lessor and all
of its agents, officers, employees, contractors, consultants, workers and persons for whom the
Lessor is in law responsible (collectively in this Section 6.5 and in Section 6.6 called "Lessor's
Employees") and shall hold them and each of them harmless from and against any and all
liabilities, actions, proceeding, damages, claims, losses(including, without limitation, indirect or
consequential damages that may be suffered or sustained by the Lessor or any of the Lessor's
Employees and loss of Rent and all other amounts payable by the Lessee under this Lease)
and expenses (including, without limitation, all legal fees and disbursements) whatsoever,
howsoever arising from or out of this Lease,and without limiting the generality of the foregoing,
howsoever caused by, due to, arising from, or to the extent contributed to by any of the
following:
(i) any breach or default by the Lessee of or under any of the provisions of this Lease;
(ii) any lien under the Construction Lien Act, R.S.O. 1990, c.30 as amended from time to
time respecting the Demised Premises or an area which is part of the Licenced Areas,
Facilities and Equipment or the lands included in the Premises;
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(iii) any act or omission of the Lessee or any other person on or permitted on the Demised
Premises, or any use or occupancy of, or any articles in, the Demised Premises or any
part thereof, or any use or occupancy of any other part of the Building or the Lands by
the Lessee or any of its agents, employees, invitees, licensees, Lessees, assignees,
concessionaires, contractors or persons for whom the Lessee is in law responsible
(collectively in this Section 6.3 and in Section 6.4 called"Lessee's Employees");
(iv) any act or omission of the Lessee or any of the Lessee's Employees on the Demised
Premises or elsewhere in,on or about the Demised Premises or any part thereof;
(v) any injury, personal discomfort, illness, death or loss, costs, expenses or damages
whatsoever,direct or indirect or consequential, however caused or arising (1)to persons
or property of the Lessee or any of the Lessee's Employees or any other persons in,on
or about the Building or the Premises or any part thereof by or with the invitation,licence
or consent of the Lessee and/or (II) which is excluded from the Lessor's liability or
responsibility under Section 6.6(b);
(vi) any accident or occurrence in, on or at the Demised Premises including, without
limitation, any such accident or occurrence causing injury or death to any person or
damage to property or any other loss or injury whatsoever;and/or
(vii) any damage, destruction or need of repair or replacement to any part of, or otherwise
relating to, the Demised Premises or any other part of the Building, or any damages
incurred by the Lessor or by any occupant of the Building or any part thereof,caused by
any act or omission of the Lessee or any of the Lessee's Employees, notwithstanding
any other provisions of this Lease.
If the Lessor,without fault on its part, is made a party to litigation commenced by or against the
Lessee,the Lessee shall indemnify and hold harmless the Lessor from and against all legal and
other costs. The Lessor,at its option,may participate in,or assume carriage of,any litigation or
settlement discussions relating to the foregoing, or any other matter for which the Lessee is
required to indemnify the Lessor under this lease. Alternatively, the Lessor may require the
Lessee to assume carriage of and responsibility for all or any part of such litigation or
discussions. The Lessee shall pay all legal costs incurred or paid by the Lessor in enforcing the
provisions of this lease. For greater certainty the Lessee's obligations contained in this Section
6.5 shall survive the expiration or earlier termination of the Term and any extension or renewal
thereof.
6.6 Responsibility for Loss or Damage
The provisions of this Section 6.6 shall govern notwithstanding any other provision of this
Lease.
(a) Except where the Lessor or a person for whose acts or omissions he is responsible in
law is negligent, the Lessor shall not be liable for any death or injury arising from or out of any
occurrence whatsoever in, upon, at or relating to the Demised Premises, or the Premises, or
damage to the property of the Lessee or of others located on the Demised Premises or the
Premises, from any cause whatsoever other than the negligence of the Lessor or a person for
who acts or omissions the Lessor is responsible in law, nor shall the Lessor be responsible for
any loss of or damage to any property of the Lessee, Lessee's Employees, or others from any
cause whatsoever, nor shall the Lessor be responsible for any indirect or consequential
damages that may be suffered or sustained by the Lessee or any others from any cause
whatsoever.
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(b) Without limiting the generality of the foregoing, the Lessor shall not be liable or
responsible in any way for any death, injury(including,without limitation, personal discomfort or
illness) loss, damage or damages of or to persons or property resulting, directly or indirectly,
from any of the following, except where it is caused by the Lessor's negligence or the
negligence of any person for whose acts or omissions the Lessor is responsible in law: (i)fire,
explosion, theft, breakage, falling plaster, falling ceiling tile, falling fixtures, steam, gas,
electricity, water, rain, flood, ice, snow or leaks. into, in or from any part of the Demised
Premises or from any pipes (including, without limitation, water, steam, sprinkler and drainage
pipes), sprinklers, appliances, drainage or plumbing works, roof, windows or exterior walls or
subsurface of any floor or ceiling of the Demised Premises, or from the street or any other
source or place whatsoever, or by dampness, or by the existence, discharge, spillage or
leakage of hazardous or toxic substances, or by any other cause whatsoever; (ii) any
suspension, non-operation,failure,reduction,interruption or failure to supply or perform,for any
reason or for any period of time, of or in any of the services, equipment, facilities,the electrical
system, the plumbing system, the HVAC System, utilities or any services within or serving the
Demised Premises; (iii) delays in the performance of any repairs, replacements, maintenance
or restoration for which the Lessor is responsible under this Lease; (iv) incurred by reason of
the Lessor or any of the Lessor's Employees entering upon the Demised Premises to undertake
any examination thereof or any work or cleaning or performance of other services therein; (v)
incurred by reason of the supply or performance of any janitorial, pest extermination or security
obligations or services in any part of the Demised Premises;or(vi)by reason of inconvenience,
annoyance or injury to business arising from the Lessor, the Lessee or any others making or
failing to diligently make, for whatever reason or cause, any repairs, alterations, additions,
renovations,improvements or restorations in or to any part of the Demised Premises.
(c) The Lessor shall not be liable or responsible in any way for any such death, injury, loss
or damage caused by other Lessees,occupants or persons on or in the Demised Premises,the
Premises,or by any occupants of any adjacent property thereto.
(d) All property of the Lessee or of any of the Lessee's Employees kept or stored on the
Demised Premises shall be so kept or stored at the sole risk of the Lessee, and the Lessee
releases and agrees to indemnify the Lessor and save it harmless from and against any claims
arising out of any loss of or damage to such property, including, without limitation, any
subrogation claims by the Lessee's or any others' insurers, and the Lessee shall make all
claims for loss, damage or destruction of or to any such property against the policies of
insurance required to be maintained by the Lessee under this Lease.
6.7 Benefit of Indemnity,etc.
Every indemnity, hold harmless provision, release and exclusion of liability herein contained for
the benefit of the Lessor and every waiver of subrogation for the benefit of the Lessor contained
in any insurance policy maintained by the Lessee shall survive the expiration or earlier
termination of the Term and any extension or renewal thereof and shall extend to and benefit
the Lessor, its officers, employees and those for whom such persons are responsible in law.
Solely for such purpose, and to the extent that the Lessor expressly chooses to enforce the
benefit of this Section for any or all of such persons, it is agreed that the Lessor is the agent or
trustee for such persons. No such indemnity, hold harmless provision, release or exclusion of
liability or waiver of subrogation for the benefit of the Lessor shall be deemed to impose or
imply any obligation, responsibility or liability whatsoever on the Lessor, including, without
limitation, any obligation to perform or do any act or thing, except to the extent any such
obligation,responsibility or liability of the Lessor is expressly provided for under this Lease.
6.8 Dangerous Use
The Lessee shall not do, omit or permit anything which will increase the cost of the Lessor's
insurance or render any insurance on or relating to the Premises subject to cancellation. The
Lessee shall pay to the Lessor forthwith after written notice is given of the Lessor's demand for
payment, the amount of any increase in the cost of insurance caused by anything so done,
omitted or permitted.
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ARTICLE SEVEN
DAMAGE AND DESTRUCTION
7.1 Damage to Demised Premises
If the Demised Premises or any part thereof, is damaged or destroyed, in whole or in part, by
fire or any other occurrence, then (i) this Lease shall nonetheless continue in full force and
effect, (ii) there shall be no abatement of any Rent except to the extent expressly provided in
this Article, (iii) the following provisions of this Article shall apply and (iv) notwithstanding any
receipt by the Lessor of any insurance proceeds, and notwithstanding any provision of this
Lease or obligation or requirement at law, in equity or by statute to the contrary,the obligations
of the Lessor to repair or to provide services or utilities, if any, or to perform "Restoration" (as
hereafter defined)under this Lease shall be subject to the provisions of this Article,and shall be
limited to the extent to which the Lessor is otherwise insured.
7.2 Insured Damage to or Destruction of Demised Premises
If damage to or destruction of the Demised Premises is caused by an occurrence against
which, and to not more than the extent that the Lessor is otherwise insured (the "Insured
Damage"), and if(i)in the"Architect's"(as hereafter defined) opinion, such Insured Damage is
such as to render the whole or any part of the Premises unusable or unsafe for the purpose of
the Lessee's use and occupancy and the Restoration of the Demised Premises is not capable
of being completed with reasonable diligence within one hundred and eighty (180) days
following such occurrence, or (ii) any authority, requires that the Demised Premises be
demolished or substantially demolished prior to any Restoration, then the Lessor may elect to
terminate this Lease by giving written notice to the Lessee within sixty (60) days after such
occurrence. If the Lessor does not so elect to terminate this Lease, the Lessor shall diligently
perform the Restoration of the Demised Premises to the extent of its obligations pursuant to
Section 7.6.
7.3 Uninsured Damage to Demised Premises
If there is damage to or destruction of the Demised Premises,and, in the Architect's opinion, (i)
such damage or destruction is caused by an occurrence against which the Lessor is not insured
or required to insure or the cost of Restoration of which would be in excess of the extent to
which the Lessor is required to insure pursuant hereto or is otherwise insured or (ii) the
Restoration of the Demised Premises is not capable of being completed within sixty (60)days
following the occurrence of such damage or destruction and such damage or destruction occurs
within two (2) years prior to the expiry of the Term of this Lease or any extension or renewal
thereof and either there are no remaining rights in any party hereto to extend or renew this
Lease or any party having the right to extend or renew this Lease fails to do so within fifteen
(15) days after such occurrence, then the Lessor may elect to terminate this Lease by giving
written notice to the Lessee within thirty(30)days after such occurrence. If the Lessor does not
so elect to terminate this Lease, the Lessor shall diligently perform the Restoration of the
Demised Premises to the extent of its obligations pursuant to Section 7.6.
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7.4 Termination of Lease After Destruction
or Damage to Demised Premises
If (i) in the Architect's opinion, Restoration of any portion of the Demised Premises, and
Equipment which affects access or services essential to any of them is not capable of being
completed with reasonable diligence within one hundred and eighty (180) days following the
occurrence of damage or destruction to such portions or (ii) any authority requires that the
Demised Premises, be demolished or substantially demolished prior to any Restoration
following damage or destruction to the Demised Premises,or any part thereof, in any such case
whether such damage or destruction is a direct or indirect result of any occurrence of cause
whatsoever, whether or not such occurrence or cause is insured, and whether or not there is
any damage to or destruction of the Demised Premises, then the Lessor may elect to terminate
this Lease by giving written notice to the Lessee within sixty (60) days after such cause or
occurrence. If the Lessor does not so elect to terminate this Lease, subject to Sections 7.2 and
7.3, the Lessor shall diligently perform the Restoration of the Demised Premises, to the extent
of its obligations pursuant to Section 7.6.
7.5 Actions Followina Termination
If the Lessor elects to terminate this Lease under this Article by giving written notice to the
Lessee, then, notwithstanding the receipt by the Lessor of any insurance proceeds, (i) this
Lease shall terminate on the date that such notice is given, (ii) the Lessee shall immediately
vacate and surrender possession of the Demised Premises and (iii) all Rent accrued to such
termination date shall be apportioned and promptly paid without any right of the Lessee to any
abatement,deduction,counterclaim,set-off,compensation or reduction whatsoever.
7.6 Restoration of Demised Premises and Licenced Areas If Lease Not Terminated
If this Lease is not terminated as provided in this Article, the Lessor, to the extent of the
insurance proceeds which the Lessor receives or would have received if it had maintained such
insurance as is required to be maintained by the Lessor hereunder, shall proceed to perform
such Restoration of the Demised Premises,limited to the extent of its express obligations under
this Lease. The obligation of the Lessor with respect to Restoration following any damage or
destruction under this Article shall be performed in accordance with all applicable obligations
contained herein with reasonable diligence.
7.7 Restoration and Insurance Proceeds
(a) If there is damage or destruction to the Demised Premises, and if this Lease is not
terminated pursuant to this Article, the Lessor, in performing the restoration of the same, or
any part thereof, as required hereby, shall not be obliged to perform such Restoration in
accordance with the plans, drawings or specifications for the Building as defined in the Lease,
or any part thereof, as they existed prior to such damage or destruction, but the Lessor may
perform such Restoration in accordance with any plans,drawings and specifications chosen by
the Municipality of Clarington under the Lease in its sole discretion. Without limiting the
generality of the foregoing, the Lessee agrees that the Lessor shall be entitled to demolish and
rebuild the Building,or any part thereof.
(b) The insurance,which is required to be maintained by the Lessee and which insurance is
required to name the Municipality of Clarington as an additional insured parties.
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7.8 Determination of Matters
For the purposes of this Article, the date of any damage or destruction, the determination of
and extent to which any portion of the Demised Premises is damaged, destroyed, rendered
unsafe or are not capable of being used,the times within which Restoration may be made and
the date that it is completed or substantially completed shall be determined by the Architect in
his sole discretion,such determination to be final and binding on the parties hereto.
7.9 Limitation of Liability
Notwithstanding any other provision of this Lease, the Lessor shall not be liable for any
damages, direct, indirect or consequential, of any nature whatsoever, (including, without
limitation, loss of business income or other economic loss to the Lessee), of the Lessee or its
employees, customers, suppliers, lessees, licensees or other persons dealing directly or
indirectly with the Lessee or for whom the Lessee is in law responsible arising out of the failure
for any cause whatsoever of the Lessor or others to perform or complete Restoration, or any
part thereof, within any period of time following the occurrence of damage or destruction
contemplated by this Article, and the Lessee shall indemnify and save harmless the Lessor
from and against all such damages.
ARTICLE EIGHT
ASSIGNMENT, LEASE
8.1 Consent Required
The Lessee shall not assign this Lease, or let, or licence any person to use the whole or any
portion of the Demised Premises for any other purpose that expressly provided within this lease
agreement.
ARTICLE NINE
- DEFAULT
9.1 Events of Default
(a) The occurrence of any of the following events ("Events of Default")shall be deemed a
default("Default')under this Lease if and whenever:
(i) the Lessee fails to pay any Rent promptly when due, provided that the Lessor
first gives the Lessee thirty (30) days written notice of any such failure and the
default is not remedied on or before the end of such period;
(ii) the Lessee fails to observe or perform any other term, covenant, condition, or
obligation under this Lease that is capable of remedy, other than a default in
payment of Rent, and such default remains unremedied after thirty (30) days
following written notice given by the Lessor to the Lessee specifying such default
and requiring the Lessee to remedy the same, provided that if the Lessee has
taken substantive steps to remedy the default within such thirty (30) day period
and is proceeding in good faith to complete remedying the default as quickly as
is reasonably practicable, such period shall be deemed to expire one (1) day
after the default has been remedied;
(iii) the Lessee fails to observe and perform any other term, covenant, condition or
obligation under this Lease that is not capable of remedy;
(iv) the Lessee makes an assignment for the benefit of its creditors generally, or if
the Lessee is declared bankrupt or insolvent,or if a petition in bankruptcy is filed
against the Lessee, or if the Lessee files an assignment in bankruptcy or takes
or attempts to take the advantage of any legislation for relief of bankrupt or
insolvent debtors, or if a receiver or a receiver and manager is appointed for all
or a portion of the Lessee's property, or if any steps are taken or any action or
proceedings are instituted by the Lessee or by any other party including,without
limitation, any court or governmental body of competent jurisdiction for the
dissolution,winding-up,discharged or abandoned;and
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M the Demised Premises become and remain vacant for a period of fourteen (14)
consecutive days.
9.2 Right of Re-Entry
Without derogating from the provisions of this Lease, upon a Default occurring, at the option of
the Lessor, the Lessor, in addition to any other remedy or right it may have, and without notice
or any form of legal process, may forthwith re-enter upon and take possession of the Demised
Premises without thereby terminating this Lease and remove and sell the Lessee's goods,
chattels, equipment and Lessee's fixtures therefrom, any rule of law or equity to the contrary
notwithstanding. The Lessor may seize and sell such goods, chattels, equipment and Lessee's
fixtures of the Lessee as are in the Demised Premises and may apply the proceeds thereof to
all rent and other payments to which the Lessor is then entitled under this Lease. Any such
sale may be effected in the discretion of the Lessor by public auction or otherwise,and either in
bulk or by individual item, or partly by one means and partly by another, all as the Lessor in its
sole discretion may decide.
9.3 Legal Expenses to Recover Possession
If legal action is brought for recovery of possession of the Demised Premises, for the recovery
of Rent, or any other amount due under this Lease, or because of the breach of any other
terms, covenants or conditions herein contained on the part of the Lessee to be kept or
performed, and a breach is established, the Lessee shall pay to the Lessor all reasonable
expenses incurred therefor, including a solicitor's fee (on a solicitor and his client basis), unless
a Court shall otherwise award.
9.4 Right of Termination-Default
In addition to all rights and remedies of the Lessor available to it by any provisions of this Lease
or given by law to the Lessor,the Lessee agrees that upon a Default occurring,the Lessor shall
have the right to terminate this Lease by giving notice in writing to the Lessee. Upon such
notice being given, this Lease shall terminate immediately without the necessity of any legal
proceeding whatsoever. The Lessee shall thereupon within three (3) days after the notice is
given quit and surrender the Demised Premises to the Lessor, and the Lessor, its agents,
contractors and employees shall have the right to enter the Demised Premises and dispossess
the Lessee and remove any persons or property therefrom without the necessity of legal
proceeding whatsoever and without being liable to the Lessee therefor in damages, or
otherwise.
9.5 Right to Re-let
If the Lessor re-enters pursuant to the provisions of either this Lease or any applicable law, the
Lessor, without limiting its right to recover damages, may either terminate this Lease, or the
Lessor may from time to time without terminating the Lessee's obligations under this Lease,
make any alterations and repairs considered necessary by the Lessor to facilitate a reletting
and relet the Demised Premises or any part thereof as agent of the Lessee for such term or
terms and at such rental or rentals and upon such other terms and conditions as the Lessor in
its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys
received by the Lessor from the reletting will be applied(i)to the payment of indebtedness other
than Rent due hereunder from the Lessee to the Lessor (ii) to the payment of costs and
expenses of the reletting including brokerage fees, legal fees and costs of the alterations and
repairs and (iii)to the payment of Rent due and unpaid hereunder. The residue, if any,will be
held by the Lessor and applied in payment of future rent as it becomes due and payable. If the
rent received from the reletting is less than the Rent to be paid by the Lessee,the Lessee shall
pay the deficiency to the Lessor. No re-entry by the Lessor shall be construed as an election
on its part to terminate this Lease unless a written notice of that intention is given to the Lessee.
Despite a reletting without termination,the Lessor may elect at any time to terminate this Lease
for a previous breach.
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9.6 Separate Remedies
The Lessor may from time to time resort to any or all of the rights and remedies available to it
upon a Default occurring, either by any provision of this Lease or by statute or by the general
law, each of such rights and remedies being intended to be cumulative and not alternative and
each may be exercised generally or in combination.
ARTICLE TEN
GENERAL PROVISIONS
10.1 Definitions
(a) "Architect' means the architect from time to time designated or employed by the
Municipality under the Lease.
(b) "Building"has the meaning assigned to it in Recital"A"of this Lease.
(c) "Commencement Date"has the meaning assigned to it in Section 1.3 of this lease.
(d) "Demised Premises"has the meaning assigned to it in Recital"E"of this Lease.
(e) "HVAC System" means the heating, ventilation, air-conditioning and other climate
control equipment, facilities and systems serving the Building as defined in the Lease or
any part thereof, including, without limitation, any and all (i) equipment, improvements
and installation, (ii) duct work, diffusers, distribution piping, air handling units and
ventilation units and(iii)monitoring,conservation and control systems.
(f) 'Insured Damage" has the meaning assigned to it in Section 7.2 of this Lease.
(g) "Lease"has the meaning assigned to it in Recital"A"of this Lease.
(h) "Municipality"means The Corporation of the Municipality of Clarington.
(i) "Premises"has the meaning assigned to it in Recital"A"of this Lease.
0) "Prime Rate" means the variable annual rate of interest (which is calculated daily)
established from time to time by the head office in Toronto of any Canadian chartered
bank designated by the Landlord, from time to time, as the reference rate it will use to
determine rates of interest payable by the most preferred commercial borrowers of such
bank on unsecured loans to such borrowers in Canada (as distinct from the rate of
interest chargeable for small business loans sometimes referred to as the "prime small
business loans interest rate"), current during the applicable period that any amount
bears interest under this Lease.
(k) "Restoration" means the repairing, replacing, altering, demolishing or rebuilding of all
or any part of the Demised Premises.
(I) "Sales Taxes" means any and all goods and services taxes, sales taxes, multi-stage
sales taxes, value added taxes, business transfer taxes, use taxes, consumption taxes
or any other taxes imposed by any Authority on the Lessee or on the Lessor or which
the Lessor is required to remit to any Authority with respect to Rent paid or payable by
the Lessee under this lease, or imposed by any Authority in respect of this lease or the
rental or any licensing or use of space under this lease, or in respect of the payments
made or payable by the Lessee under this lease,or in respect of the goods and services
purchased by or provided by the Lessor under this lease, including, without limitation,
the provision of administrative services to the Lessee under this lease, whether
characterized as goods and services taxes, sales taxes, multi-stage sales taxes, value
added taxes, business transfer taxes,use taxes,consumption taxes or otherwise.
(m) "Term"has the meaning assigned to it in Section 1.2 of this Lease and Licence.
(n) Lessors Administrator — means the Purchasing Manager from the Municipality of
Clarington.
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10.2 Schedules Form Part of Lease
Schedule"A"hereto is deemed to be contained in and form part of this Lease to have the same
effect as it would have if its provisions had been set out as covenants in the text of this Lease.
10.3 Quiet Eniovment
Except as otherwise provided in this Lease, if the Lessee pays the Rent reserved hereby, fully
performs all of its covenants and duties under this Lease and no Event of Default has occurred,
the Lessee shall be entitled to peaceful and quiet enjoyment of the Demised Premises for the
Term of this Lease or any extension or renewal thereof, without interruption or interference by
the Lessor or any person claiming through the Lessor.
10.4 Covenants
Every obligation or duty of the Lessor or the Lessee expressed in this Lease although not
expressed as a covenant,shall be deemed to be a covenant for all purposes.
10.5 No Partnership or Anencv
The Lessor does not in any way or for any purpose become a partner of the Lessee in the
conduct of its business, or otherwise, or a joint venturer or a member of a joint enterprise with
the Lessee,nor is the relationship of principal and agent created by this Lease.
10.6 PST and GST
Without derogating from any other provision of this Lease, the Lessee shall be responsible for
the payment of Sales Taxes and Goods and Services Tax where applicable in respect of and in
addition to the Rent required to be paid by the Lessee to the Lessor under this Lease, as well
as in respect of goods and services sold by the Lessee or any person claiming or acting
through, under or with the permission of the Lessee.
10.7 Overholdina No Tacit Renewal
If the Lessee remains in possession of the Premises after the end of the Term with the Consent
of the Lessor but without having executed and delivered a new Lease and Licence, there is no
tacit renewal of this Lease and the Term hereby granted, notwithstanding any statutory
provisions or legal presumption to the contrary, and the Lessee shall be deemed to be
occupying the Demised Premises as a Lessee from month to month at a monthly Rent payable
in advance on the first day of each month equal to the aggregate of the following: (a) one-
twelfth (1/12th) of the amount of the Rent payable by the Lessee in the last full twelve (12)
month Rental Year of the Term;and otherwise, upon the same terms,covenants and conditions
as are set forth in this Lease,so far as these are applicable to a monthly tenancy.
10.8 Waiver
(a) Notwithstanding anything contained in any statute now or hereafter in force limiting or
abrogating the right of distress, none of the goods, chattels or Lessee's fixtures on the
Premises at any time during the Term shall be exempt from levy by distress for rent in arrears,
and if any claim is made for such exemption by the Lessee or if a distress is made by the
Lessor or if any action is brought to test the right of the Lessor to levy upon any such goods as
are so exempted, this Lease may be pleaded as an estoppel against the Lessee, the Lessee
hereby waiving each and every benefit that could or might have accrued to the Lessee under
and by virtue of any such statute but for this Lease.
(b) Failure of the Lessor to insist upon the performance of any such covenant or condition
of this Lease or to exercise any right or option contained in this Lease shall not be construed as
a waiver or relinquishment of any such covenant, condition, right or option or of any subsequent
breach of the same. No variation or waiver of any covenant or condition of this Lease shall be
valid unless in writing and signed by duly authorized persons on behalf of the Lessor.
(c) All Rent to be paid by the Lessee to the Lessor shall be paid without any deduction,
abatement,set-off or compensation whatsoever.
Page 18 of 22
H:\LEASES-AGREE MENTSUons Club\LEASE-LIONSCLUB 2007.DOC
1221
10.9 Distress
Notwithstanding any provision of this lease or any provision of applicable legislation,none of the
goods and chattels of the Lessee on the Premises at any time during the Term of this Lease
and any extension of renewal thereof shall be exempt from levy by distress for Rent in arrears,
and the Lessee waives any such exemption. If the Lessor makes any claim against the goods
and chattels of the Lessee by way of distress, this provision may be pleaded as an estoppel
against the Lessee in any action brought to test the right of the Lessor to levy such distress.
10.10 Costs
The Lessee shall pay to the Lessor all damages and costs (including,without limitation,all legal
fees on a solicitor and its client basis) incurred by the Lessor in enforcing the terms of this
Lease, or with respect to any matter or thing which is the obligation of the Lessee under this
Lease,or in respect of which the Lessee has agreed to insure or to indemnify the Lessor.
10.11 Set-Off and Accord and Satisfaction
The Lessee hereby waives the benefit of any statutory or other rights in respect of abatement,
reduction, set-off, counterclaim, demand, deduction or compensation in its favour at the time
hereof and at any future time. No endorsement or statement on any cheque or any letter
accompanying any cheque or payment as Rent shall be deemed an acknowledgement by the
Lessor of full payment,or an accord and satisfaction, and the Lessor may accept and cash any
such cheque or payment without prejudice to the Lessor's right to recover the balance of such .
Rent or pursue any other right or remedy provided in this lease or at law, in equity or by statute.
The Lessor may apply or allocate any sums received from or due to the Lessee against any
amounts due and payable under this Lease in such manner as the Lessor sees fit.
10.12 Authority of Lessor.etc.
The Lessee acknowledges and agrees that the Lessor shall not be responsible for any debts
incurred by the Lessee or by any person for whose conduct the Lessee is responsible in law.
The Lessee shall not represent or suffer or permit anyone to represent to any person that either
the Lessor or the Municipality of Clarington will be responsible for payment of any debt incurred
or to be incurred by the Lessee.
10.13 Rules Regarding Operation of Demised Premises and Areas
The Municipality's Purchasing Manager from time to time may give the Lessor and the Lessee
written notice of rules regarding the operation of the Demised Premises which rules shall be
deemed to be part of this Lease. Such rules shall be complied with by the Lessee during the
Term of this Lease and any extension or renewal thereof.
10.14 Demised Premises and Areas to be Smoke-Free
The Lessee shall not permit or suffer any person to smoke a tobacco product anywhere in the
Building.
10.15 Not Used
10.16 Not Used
10.17 Acknowledgement Basement and Second Floor Not Improved
The Lessee acknowledges that the basement and the Second Floor of the Building have not
been improved and that the Lessor is under no obligation to the Lessee to improve any part of
them.
Page 19 of 22
HALEASES-AGREE MENTSlions CIub1LEASE-LIONSCLUB 2007.DOC
1222
10.18 Use of Additional Areas by the Lessee
The parties acknowledge and agree that if the Lessee desires to lease any other area,facilities
and equipment, any such agreement shall be in the discretion of the Lessor and the Lessee
shall be required to pay to the Lessor the Lessor's then current charges to any other person
who licences the same from the Lessor.
10.19 Lease Subject to Lease
Notwithstanding any provision of this Lease,the parties acknowledge and agree that this Lease
shall terminate on the termination of the Lease.
10.20 Notices
If any notice or other document is required to be or may be given by the Lessor or by any
official of the Lessor to the Lessee or by the Lessee to the Lessor under this Lease such notice
shall be transmitted by telefax, mailed by first class prepaid post or delivered to:
The Lessor: Municipality of Clarington
40 Temperance Street
Bowmanville,Ontario
L1C 3A6
Attention: Purchasing Manager
If by telecopier to: (905)623-3330
The Lessee: The Lions Club of Bowmanville
26 Beech Avenue
Bowmanville,Ontario
L1C 3A2
Attention: President
or such other address of which the Lessor or the Lessee has notified the other in writing. Any
such notice so mailed or delivered shall be deemed good and sufficient notice under the terms
of this Lease and shall be effective from the date which it is so mailed or delivered. Any notice
transmitted by telefax shall be effective from the date that it is telefaxed.
10.21 Force Maieure
Notwithstanding anything to the contrary contained in this Lease, if the Lessee is bona fide
delayed or hindered in or prevented from the performance of any term,covenant or act required
hereunder by reason of strikes; labour troubles; inability to procure materials or services; power
failure; restrictive governmental laws or regulations; riots; insurrection; sabotage; rebellion;war;
act of God; or other reason whether of a like nature or not which is not the fault of the Lessee,
then performance of such term, covenant or act is excused for the period of the delay and the
Lessee shall be entitled to perform such term, covenant or act within the appropriate time
period after the expiration of the period of such delay. However, the provisions of this
paragraph do not operate to excuse the Lessee from the prompt payment of Rent or any other
payments required by this Lease.
10.22 Time of Essence
Time shall be of the essence in all respects of this Lease every part of it.
10.23 Enforceabilitv
If any term, covenant or condition of this Lease or the application thereof to any person or
circumstance is to any extent held or rendered invalid, unenforceable or illegal,the remainder of
this Lease or the application of such term, covenant or condition to persons or circumstances
other than those with respect to which it is held invalid, unenforceable or illegal is not affected
thereby and continues to be applicable and enforceable to the fullest extent permitted by law.
Page 20 of 22
HALEASES-AGREEMENTS\Lions Club\LEASE-LIONSCLUB 2007.DOC
1223
10.24 Enurement
This Lease shall enure to the benefit of and be binding upon the parties hereto, their
successors and assigns, provided that no rights shall enure to the benefit of an assignee of this
Lease or a Lessee of any portion of the Premises unless the provisions of Section 8.1 are
complied with.
10.25 Governing Law
This Lease shall be interpreted, governed and enforced in accordance with the laws of the
Province of Ontario,Canada.
IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally
delivered this Lease as of the date first above written.
MUNICIPALITY OF CLARINGTON
By:
Jim Abernethy, Mayor
By:
Patti L. Barrie, Municipal Clerk
THE LIONS CLUB OF BOWMANVILLE,
ONTARIO
By:
Name: Title:
By:
Name: Title:
Page 21 of 22
HALEASES-AGREE MENTSlions Club\LEASE-LIONSCLUB 2007.DOC
1224
1 �
Leading the Way REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: 'General Purpose and Administration Committee
Date: June 18, 2007 Resolution #:
Report#: COD-027-07 File #: By-law#:
Subject: Update - Newcastle Library Capital Project
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-027-07 be received for information.
Submitted by: Reviewed by:
ie Marano, H.B.Sc., C.M.O. Franklin Wu
Director of Corporate Services Chief Administrative Officer
Nancy T ylor, B .A., A.,
Director of Finance
MM/EH/BT/gj
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506
1226
REPORT NO.: COD-027-07 PAGE 2
1.0 BACKGROUND
1.1 Report COD-027-07 is prepared to provide Council with an update for the
Newcastle Library capital construction project. In December 2006, Council was
provided concept and schematic illustrations of the proposed 9,100 square foot
Newcastle Library facility. Included in those discussions was the introduction of a
LEED (Leadership in Energy and Environmental Design) Green building. This
would be the first LEED Certified building to be constructed by the Municipality,
demonstrating the Municipality's commitment to conservation and sustainable
buildings. Since that date, the Building Committee in conjunction with the
Architect have worked to achieve these goals and to remain within the revised
budget of $3,450,047 as presented to a joint meeting of the Library Board and
Councillors October 2, 2006.
1.2 In preparation for the final design, it is a standard practice for the Architect to
undertake a Geotechnical (Soils) Investigation of the site. The final report
received by the Architect indicated that the soils in this area were deficient and
that design alternatives must be taken into consideration for the development of
the final construction specifications. The architect and sub-consultants have
developed suitable specifications to enable us to continue with the project at this
site. During discussions with the soils engineer, he has advised this problem
exists within certain geographical areas of Newcastle.
1.3 The development of these revised specifications has caused a delay in the
preparation of the overall building specifications. This was necessary to ensure,
the final design documents address these concerns in order that the selected
general contractor will have all required information for the construction of the
facility, limiting possibilities of additional construction charges once the
specifications are issued and construction has commenced.
1.4 This report will provide specific updates related to the LEED application,
geotechnical investigations and revised milestone dates for Council's information.
2.0 LEED Application
2.1 The Architect is in the process of developing a LEED program submission for this
project. All LEED applications are submitted to the Canada Green Building
Council for approval. The LEED program is a point-based process, with certain
prerequisites for qualification. The points are assigned in six areas;
• Sustainable Sites
• Water Efficiency
• Energy and Atmosphere
• Materials and Resources
• Indoor Environmental Quality
• Innovation and Design Process
1227
REPORT NO.: COD-027-07 PAGE 3
2.2 There are four (4) classifications of LEED Buildings:
• Certified
• Silver
• Gold
• Platinum
Based on the size of this project, point limitations and budget, the Municipality
will be submitting an application for a LEED Certified project. The expenses
related to the LEED application and additional work for the architect and
consultants are included in the revised budget.
3.0 Geotechnical Investigation
3.1 Prior to the development of final drawings, a Geotechnical Investigation is
undertaken to ensure the selected site location will physically support the
building. In this case, the investigation by a qualified soils engineer indicated the
existing site soils were not suitable for normal construction utilizing standard
excavation methods and construction of supporting footings. The soils were
identified as soft clay. Normally, with suitable soils, the contractor would
excavate a trench and construct footings to support the building. In this case,
due to the soft clay soils, there are several alternatives such as driven piles,
augered caissons, or surcharging the site. Any of these three alternatives would
support a building of this size.
3.2 The soils engineer has proposed a process of surcharging the site. This method
is the least expensive and calls for the excavation of the 9,100 square foot
building footprint to the desired depth and dumping granular fill within the
footprint and letting it stand for a period of 4 to 6 weeks. The weight of this fill
would cause the site to settle in advance of the construction. This method has
also been reviewed by the Architect's engineers and they are in agreement with
the process.
3.3 The estimated additional cost to alleviate the unanticipated poor soil condition is
$150,000.00. The Building Committee is bringing this matter to Council's
attention at this time. Once the Municipality receives the construction bids, the
Building Committee will be in a position to make the appropriate recommendation
to Council. In the interim, the Architect has made several revisions to the plans
to reduce overall costs in an effort to absorb these additional costs within the
revised budget and project contingency.
1228
REPORT NO.: COD-027-07 PAGE 4
4.0 Revised Milestone Dates
4.1 As mentioned, the project schedule has been delayed as the Architect, Soils
Engineer and the Architects project engineers developed a suitable process for
the establishment of an affordable building support system (including time
required for the surcharging). The Architect advises the following milestone
dates for the balance of the project:
Completed Construction Drawings and July 05, 2007
Tender Documents
Tender Submissions from Contractors August 02, 2007
Report to General Purpose and September 04, 2007
Administration Committee
Ground Breaking Ceremony Week of September 24, 2007
Construction October 2007
Total Performance August 2008
Library Opening October 2008
5.0 COMMENTS
5.1 Construction Contractors were pre-qualified by the Committee in March 2007.
Accordingly, the pre-qualified contractors are aware of the project delay and will
be notified of the revised milestone dates. Based on the above dates, the
Building Committee expects to receive Tender Documents in August 2007 and
will strive to work within the project budget. A report recommending a General
Contractor will be submitted to the General Purpose and Administration
Committee on September 04, 2007.
1229
I •
ar.�t n
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report #: COD-029-07 File # By-law#
Subject: Tender CL2007-24, Electrical Services
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council-the following:
1. THAT Report COD-029-07 be received;
2. THAT George Moore Electric, Bowmanville, Ontario, with bid prices of $35.00 per
hour for Journeyman Electrician and $17.50 per hour for Journeyman Electrician's
Helper be awarded the contract to provide Electrical Services, as required by the
Municipality of Clarington; and
3. THAT the funds expended be drawn from the various Current Budget Accounts.
Submitted by: Reviewed b �
:
Y Y
rano, H.B.Sc., C.M.O. Franklin Wu,
erector of Corporate Services Chief Administrative Officer
s Oh taruana
i ctor of C mu ' is
Fre orvat
Dir ctor of aperations
MM/LAB/sm
1 230
REPORT NO.: COD-02M7 PAGE 2
BACKGROUND AND COMMENT
Tenders were publicly advertised and invited to provide Electrical Services as required by
the Municipality of Clarington for the period of July 1, 2007 to July 31, 2009.
Subsequently, tenders were received and tabulated as per Schedule "A"attached.
The bid prices represent no increase in the hourly rates over the 2006 tender prices. The
required funds will be drawn from the various years Current Budget Accounts.
For the information of Council, the Municipality of Clarington paid approximately
$34,732.00 to George Moore Electric for Electrical Service's during 2006. Based on
previous years costs this would equate to approximately 60% of the total for labour and
40% for parts.
George Moore Electric has previously provided satisfactory service to the Municipality of
Clarington.
After further review and analysis of the bids by Purchasing and the Director of Operations,
it is respectfully recommended that George Moore Electric, Bowmanville, Ontario, be
awarded the contract to provide Electrical Services to the Municipality of Clarington, as
required.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1231
•
Leading the Way
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
TENDER CL2007-24, ELECTRICAL SERVICES
Bidder Part A Part B Part C Part D
Journeyman Journeyman Material Minimum ->
Electrician Electrician Cost' Cost Charge Rate,
Nel ar Plus'
George Moore Electric $35.00/hr $17.50/hr 25% $35.00/call
Bowmanville, ON
Bert Snowden Electric $57.50/hr $27.50/hr 20% $57.50/call
Bowmanville, ON
MDK Electric Ltd. $40.00/hr $20.00/hr 25% $40.00/call
Ajax, ON
Abacus Electric $45.00/hr $25.00/hr 15% $60.00/call
, ON
New Electric Ent. Inc. $68.00/hr $38-$63/hr 20% $136.00
1 232
•
Leading the Way REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report #: COD-030-07 File #: By-law #:
Subject: CL2007-7, One (1)43,000 GVW Single Axle Cab & Chassis c/w Dump
Body and Plow Equipment
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: .
1. THAT Report COD-030-07 be received;
2. THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in the
amount of $165,903.12 (plus GST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2007-7, be awarded the contract to
supply One (1) 43,000 GVW Single Axle Cab & Chassis complete with Dump Body and
Plow Equipment, as required by the Municipality of Clarington, Operations Department;
and
3. THAT the funds required in the amount of $165,903.12 (plus GST) be drawn from the
Operations 2007 Capital Budget Account#110-36-388-83643-7401.
Submitted by
by: Reviewed
y
'ffarie Marano, H.B.Sc., C.M.O. Franklin Wu,
Director Corporate Services Chief Administrative Officer
Fr6d-AbAfath, RDMR, RRF ,
for of Oper ons
Nancy Ta0 o , B.B. C. .,
Director of Finance
MM\LAB\JB\Im
1233
REPORT NO.: COD-030-07 PAGE 2
BACKGROUND AND COMMENT
Tender CL2007-7 for One (1) 43,000 GVW Single Axle Cab & Chassis complete with Dump
Body and Plow Equipment was advertised and issued with bids being received as per Schedule
"A" attached.
On review it was noted that four bids submitted contained deficiencies. While evaluating the
bids and preparing the recommendation, the minor deficiencies were noted. Upon review by the
operations department it was determined that the deviations were minor in detail and would not
affect the overall performance of the vehicle, it is therefore recommended that the award be
made to Winslow Gerolamy Motors Ltd., Peterborough, ON.
After further review and analysis of the tender by Operations and Purchasing, it was mutually
agreed that Winslow-Gerolamy Motors, Peterborough, Ontario, be recommended for the
contract to supply and deliver One (1) 43,000 GVW Single Axle Cab & Chassis complete with
Dump Body and Plow Equipment, as required by the Operations Department.
The required funds for this acquisition total $165,903.12 (plus GST), and fall within the total
allocated budget.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendations. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
The subject firm has previously provided satisfactory service for the Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C,3A6 T(905)623-3379 F(905)623-4169
1234
C]aF!
Leading the Way Own
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
TENDER CL2007-7
ONE (1 ) 43,000 GVW SINGLE AXLE CAB & CHASSIS
COMPLETE WITH DUMP BODY AND SPREADER
Bidder Bid Amount
(Excluding GST)
Winslow-Gerolamy Motors
Peterborough, ON $ 165,903.12 "
Western Toronto International Truck
Mississauga, ON $170,532.00 "
Winslow-Gerolamy Motors
Peterborough, ON $170, 979.12 `*
Harper Ontario Truck Centres
$171,018.00
Oshawa, ON
Complete Western Star&Sterling
$ 186,267.60
Barrie, ON *`
Harper Ontario Truck Centres
$185,182.00
Oshawa, ON
Donway Ford Sales
Scarborough, ON $190,219.32
Complete Western Star&Sterling
$192,355.56
Barrie, ON
* GST EXTRA
** Minor Deficiencies within specifications
1235
•
Leading4he Way REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report #: COD-031-07 File #: By-law #:
Subject: CL2007-6, Two (2) Tandem Axle Trucks with Plow Equipment
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-031-07 be received;
2. THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in the
amount of $341,663.40 (plus GST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2007-6, be awarded the contract to
supply Two (2) Tandem Axle Truck with Plow Equipment, as required by the Municipality
of Clarington, Operations Department; and
3. THAT the funds required in the amount of$341,663.40.12 (plus GST) be drawn from the
Operations 2007 Capital Budget Account#110-36-388-83642-7401.
Submitted by Reviewed b
arie Marano, H.B.Sc., C.M.O. ranklin Wu,
Director Corporate Services Chief Administrative Officer
Fre H ath, RDMR, RRF ,
Dir ,cfor of 0per s
ncy T 01 or, B.
Director of Finance
MM\LAB\JB\Im
1236
REPORT NO.: COD-031-07 PAGE 2
BACKGROUND AND COMMENT
Tender CL2007-6 for Two (2) Tandem Axel Truck with Plow Equipment was advertised and
issued with bids being received as per Schedule "A" attached.
On review it was noted that four _bids submitted contained deficiencies. While evaluating the
bids and preparing the recommendation, the minor deficiencies were noted. Upon review by the
operations department it was determined that the deviations were minor in detail and would not
affect the overall performance of the vehicle, it is therefore recommended that the award be
made to Winslow Gerolamy Motors Ltd., Peterborough, ON.
After further review and analysis of the tender by Operations and Purchasing, it was mutually
agreed that Winslow-Gerolamy Motors, Peterborough, Ontario, be recommended for the
contract to supply and deliver Two (2) Tandem Axle Trucks complete with Plow Equipment, as
required by the Operations Department.
The required funds for this acquisition total $341,663.40 (plus GST), and fall within the total
allocated budget.
The Director of Finance has reviewed the funding • requirements and concurs with the
recommendations. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
The subject firm has previously provided satisfactory service for the Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
1237
•
Leading the Way
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
TENDER CL2007-6
TWO (2) TANDEM AXLE TRUCK
COMPLETE WITH PLOW EQUIPMENT
BIDDER TOTAL BID", :
EXCLUDING G.S.T.
Winslow Gerolamy Motors $ 341,663.40
Complete Western Star $ 352,503.36
Winslow Gerolamy Motors $ 353.953.80
Sheehan's Truck Centre $ 356,940.00
Donway Ford Sales Ltd $ 359,128.08
Western Toronto International $ 362,124.00
Complete Western Star $ 366,534.72
Harper Ontario Truck Centre $ 368,064.00
* GST EXTRA
1238
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-032-07 File # By-law #
Subject: CL2007-17, Colwill Bridge Water Course Realignment, Bowmanville
Creek East Branch
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-032-07 be received;
2. THAT 560789 Ontario Limited, c/o R & M Construction, Acton, Ontario with a
total revised bid in the amount of $164,436.00 (Plus G.S.T.), being the lowest
responsible bidder meeting all terms, conditions, and specifications of Tender
CL2007-17, Colwill Bridge Watercourse Realignment, Bowmanville Creek East
Branch as required by the Engineering Department;
3. THAT funds required in the amount of $245,000.00 (which includes $164,436.00
Tendering, Consulting and Contingencies) be drawn from Engineering 2007
Capital Account #110-32-342-83315-7401;
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the
Clerk to execute the necessary agreement be approved.
1239
REPORT NO.: COD-032-07 PAGE 2
Submitted by: Reviewed by f
Ma arano,%B.S�c , C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
Nancy T lor, B. ., C.A.,
Director of Finance
A.S. Can ella, C.E.T.
Director of Engineering Services
MM/NT/ASC/LB/km
1240
REPORT NO.: COD-032-07 PAGE 3
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Colwill Bridge
Watercourse Realignment, Bowmanville Creek East Branch, as required by the Engineering
Department as shown on map below.
m
- 6
0
V
� tl�
---- -Subject Site -
i
Cones b�Rd4
i
Concession Rd.4 F
p S
6 .—do DRAWN BY:E.L. DATE:June 11,2007
COLWILL BRIDGE
BOWMANVILLE KEY MAP
WATERCOURSE WORKS
—'-- c:wnaonments!=�
1 241
REPORT NO.: COD-032-07 PAGE 4
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached.
The total project cost, including Project Administration, costing allocation is $245,000.00 and is
within the 2007 Budget allocation of$260,000.00 as outlined in the memo from Engineering Services
and the letter from Totten Sims Hubicki Associates marked Schedule "B" and will be drawn from
Account# 100-32-342-83315-7401,
The low bidder has previously performed satisfactory work for the Municipality of Clarington.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Engineering.
After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki
Associates and Purchasing, it was mutually agreed that the low bidder, 560789 Ontario Limited, c/o
R & M Construction, Acton Ontario, be recommended for the contract for the Colwill Bridge
Watercourse Realignment, Bowmanville Creek East Branch.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1242
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 560789
Ontario Limited, c/o R & M Construction, Acton, Ontario, to
enter into agreement for the Colwill Bridge Watercourse
Realignment, Bowmanville Creek East Branch.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, 560789 Ontario Limited, c/o R & M Construction, Acton,
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 12007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1243
SCHEDULE 118"
1 •
Leading the Way
MEMO
TO: LouAnn Birkett, Purchasing Manager,
FROM: Bruno Bianco, P. Eng.,
DATE: June 7, 2007
SUBJECT: Colwill Bridge Watercourse Realignment
Bowmanville Creek East Branch
CL2007-17
CED.ColwillBridgeWR.1
The Engineering Services Department has reviewed the recommendation
provided by TSH and offers the following comments.
We concur with the recommendation to award the contract to 560789 Ontario
Limited, c/o R&M Construction in the amount of $164,436.06 exclusive of G.S.T.
for the Colwill Bridge Watercourse Realignment project.
Due to current knowledge of the site and the sensitivity of the environmental
issues that surround the proposed works, a contingency amount of approximately
12% is carried forward for the project. Therefore, including design and tender
fees as well as contract administration fees, the engineering department advises
the following Municipal breakdown for the above referenced project;
Temperance & Lowe St.
Reconstruction
Account 110 32 342 83315 7401
Total Project $245000.00
Amount
Budget Amount $260 000.00
Estimated $15000.00
Budget Surplus
RECEIVED
JUN 0 7 2007
MUNICIPALITY OF CLARINGTON
PURCHASING DF2AWMENT
Ig I!
ju i i e 7, 2 0 0
SCHEDULE 111301
We recommend the report to Council move forward based on the above
apportionments. Attached for your files is the recommendation provided by TSH.
Should you have any further question, please feel free to contact the
undersigned.
Regards,
Bruno M. Bianco, P. Eng.
Design Engineer
BMB/dv
Attachment
cc William McCrae, P. Eng., Totten Sims Hubicki
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
1245
TM SCHEDULE "B"
■ Totten Sims Hubicki Associates
engineers 513 Division Street,
Cobourg, Ontario,Canada K9A 5G6
architects (905) 372-2121 Fax: (905)372-3621
p l a n n e r s E-mail: cobourg @tsh.ca www.tsh.ca
June 6, 2007
Mr,A.S. Cannella,C.E.T.
Director of Engineering Services
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMAN VILLE, Ontario. LIC 3A6
Dear Mr.Cannella:
Re: Bowmanville Creek East Branch Channel Improvements at Colwill Bridge
Contract No. CL2007-17,Municipality of Clarington
TSH Project No. 12-29612
Tenders for the above project were opened at the Municipal offices on Friday,May 4,2007 at 2:15:00
P.M. The bids received excluding GST are summarized as follows:
BIDDER TOTAL BID
560789 Ontario Limited,c/o R&M Construction,Acton $164,436.00
The Ontario Construction Company Limited,Niagara-On-The-Lake $196,136.00
Dynex Construction Ltd., Concord $200,243.00*
R. D. Sutcliffe Contracting Inc.,Janetville $236,734.71 *
L Robinson Ltd.,Bowmanville $244,126.32
e Excavating Ltd.,Bowmanville $259,870.00
Bros. Concrete Contractors Ltd.,Toronto $290,433.00 **
S&F Excavating Ltd., King City $330,739.00
Stile Landscape Construction Inc., Sutton Bid Rejected
• Extension Error
•* Extension Error-Addendum amounts not carried forward to total price
TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid
values noted above. R&M Construction have completed projects in the area including Goodman Creek
Erosion Protection and Harmony Creek Watercourse Improvement for the City of Oshawa. They have
also completed projects for the City of Hamilton,the Mississauga Golf and Country Club and Kawartha
Golf and Country Club. Al I references contacted assessed R& M Construction performance to be
satisfactory.
1246
Mr. A. S. Cannella,C.E.T.
June 6,2007 2.
SCHEDULE "B"
The following is a summary of the total project costs, exclusive of GST:
Tender Amount $164,436.00
Detailed Design and Tendering $ 25,768.50
Contract Administration $ 25,000.00
Contingencies $ 29,795.50
Total $245,000.00
Based on the total project cost of$245,000.00 and the available budget of$260,000.00 from Account No.
110-32-342-83315-7401, the project will fall within budget.
We recommend that the tender in the amount of$164,436.00(exclusive of G.S.T.)be awarded to R & M
Construction of Acton, Ontario.
Bid checks or bid bonds shall be retained for low and second low bids until the Contract has been
executed.
Should you require any additional information,please contact the undersigned.
Yours truly,
rf�
William McCrae,P. Eng.
Senior Project Engineer
TM/ym
P:!I'--2961.1Cturup' 2199.doc
PC: Mr. Bruno Bianco, P.Eng., Municipality of Clarington
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-033-07 File# By-law#
SUBJECT: CL2007-18, SIDEWALK CONSTRUCTION, EAST SIDE OF WEST TOWNLINE
ROAD, COURTICE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-033-07 be received;
2. THAT Lafarge Paving and Construction Ltd, Oshawa, Ontario with a total bid in the
amount of$159,081.64 (Plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2007-18, be awarded the contract for
the Sidewalk Construction, East Side of West Townline Road, Courtice as required by
the Engineering Department;
3. THAT the total funds required in the amount of$200,000.00 ($159,081.64 tender, plus
contract administration, contingencies and hydro relocation) be drawn from Engineering
2007 Capital Account#110-32-331-83321-7401; and
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
Submitted by: Reviewed by. ----
Marie arano, H.B.Sc., C.M.O. Franklin Wu,
Directar�of Corporate S eR-%(1r.RS Chief Administrative Officer
ancy Tjay r, B; X1., C.
Direct 'of inan'
A*S* Calhnella, C.E.T.
Director of Engineering Services
MM\NT\ASC\LAB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1248
REPORT NO.: COD-033-07 PAGE 2
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Sidewalk
Construction, East Side of West Townline Road, Courtice, Ontario, as required by the
Engineering Department and as shown on the map below:
0
-----Plckalyd-Gate-------
I j
l--------------Aylesworth-Avenue---------M.
Proposed . q
j Townline Rd.
i Sidewalk
^--___-_-_-___-_-_-_---_-_--SoutMleld-Avenue-------------
---_-.---
e-------Staples-Avenue------- /
E i
ci I i
I I i
I I i
�---------------------I ar
I I to v
i I =
i C m
-------Bingham-Gate-------i ti >
c
I o
I I
I j a
I �
--Dudley-Court--� !
- o I
o c =
U C '
-I I LL I
I I _
I
I
I
I
I
I
I
1
I
I
I -
I
I
I
I
I
I
I
I
i
I
W a, N
---
Gord Vinson---' ��J Bloor
�— - S
ffaR
1�� ;., ^� COURTICE L DRAWN BY:E.L. DATE:June 11,2007
Southfield Ave.-!'
Pro osed ( --"—�~I
FA_ TOWNLINE ROAD SIDEWALK
S�idewa/k KEY MAP
- ! G:Vittach ments\T own lineRdSw.mxd
Tenders were advertised in local papers, as well as the Daily Commercial News. Subsequently,
tenders were received and tabulated as per letter from Totten Sims Hubicki Associates
Schedule "B" attached.
1249
REPORT NO.: COD-033-07 PAGE 3
The total project cost, including project administration, contingencies and hydro relocation is
$200,000.00. The funding will be provided from the 2007 Capital Budget Account 110-32-331-
83321-7401 and is as outlined in the memo from Engineering Services and the letter from
Totten Sims Hubicki Associates marked Schedule "B".
The budget amount represents costs for a longer section of sidewalk which extends further
south. The adjacent lands to this southern section have not yet been developed and therefore it
is premature to extend the sidewalk at this time. For this reason, the additional sidewalk was
not included in this tender.
The low bidder has provided satisfactory service to the Municipality of Clarington in recent
years.
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, Lafarge Paving
and Construction Ltd., Oshawa, Ontario, be recommended for the contract for the Sidewalk
Construction, East Side of West Townline Road, Courtice, Ontario.
Attachments:
Attachment 1 — Schedule "A", By-law
Attachment 2 — Schedule "B", Memo from Engineering Services and Letter from Totten
Sims Hubicki Associates
1250
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 Lafarge
Paving and Construction Ltd, Oshawa, Ontario, to enter into
agreement for the Sidewalk Construction, East Side of West
Townline Road, Courtice.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between Lafarge Paving and Construction Ltd, Oshawa, 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
1 251
•
I1 SCHEDULE "B"
Leading the Way
MEMO
TO: Louann Birkett, Purchasing Manager
FROM: Bruno Bianco, Design Engineer
DATE: June 6, 2007
SUBJECT: Townline Road South
Tender Award Recommendation
Contract CL2007-18
CSW.TownlineRdS.2
The Engineering Services Department has reviewed the recommendation
provided by TSH and offers the following comments.
We concur with the recommendation to award the contract to Lafarge Paving &
Construction Ltd. in the amount of $200,000.00 exclusive of G.S.T. for the 2007
sidewalk installation project along Townline Road south between Pickard Gate
and the current urban limit to the south.
As recommended, we have carried a contingency amount of approximately 8.5%
to address interest from impacted residents. Therefore, including design and
tender fees as well as contract administration fees and utility relocations, the
engineering department advises the following breakdown for the above
referenced project;
Townline Road South Sidewalk
Construction
Account 110 32 331 83321 7401
Total Project $200,000.00
Amount
Budget Amount $390,000.00
Estimated $190,000.00
Budget Surplus
RECEIVED
JUN 0 7 2007
MUNICIPALITY OF CLARINGTON
PURCHASING DEPA T
Townline Road South SCHEDULE %%pn
Tender Award Recommendation D
CL2007-18 2 June 6, 2007
In light of the circumstances discussed by TSH in the attached recommendation,
we recommend the report to Council be moved forward based on the above.
Attached for your files is the recommendation provided by TSH. Should you
have any further question, please feel free to contact the undersigned.
Regards,
Bruno M. Bianco, P. Eng.
Design Engineer
BMB/dv
cc William McCrae, P. Eng., Totten Sims Hubicki
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
1253
TM SCHEDULE "B"
■ _ Totten Sims Hubicki Associates
engineers 513 Division Street,
Cobourg, Ontario, Canada K9A 5G6
architects (905) 372-2121 Fax: (905)372 3621
planners E-mail:cobourg@tsh.ca www.tsh.ca
June 4,2007
`1r. 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: Sidewalk Construction,East Side of West Townline Road,Courtice
Contract No. CL2007-18,Municipality of Clarington
TSH Project No. 12-29661
Tenders for the above project were opened at the Municipal offices on Friday,May 18, 2007 at
2:15:00 P.M. The bids received, excluding GST,are summarized as follows:
BIDDER TOTAL BID AMOUNT
Lafarge Paving& Construction Ltd. $159,081.64
Oshawa, ON
Aloia Bros. Conc. Contractors $238,198.00
Toronto, ON
TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid
values noted above. Lafarge Paving&Construction Ltd. has previously undertaken similar projects for
the City of Oshawa,Region of Durham,Municipality of Clarington and the Oshawa Centre. All
references contacted confirmed that the work was performed to an acceptable standard.
Estimated project costs based on Lafarge's low bid are summarized below:
Tender Amount $159,081.64
Detailed Design and Tendering $ 7,878.92
Contract Administration/Material Testing $ 16,000.00
Utility Relocation $ 1,000.00
Contingencies $ 16,039.44
Total $200,000.00
Based on the total project cost of$200,000.00 for the sidewalk construction and the 2007 Capital Budget
amount of$390,000 from Account NO 110-32-331-83321-7401, the project is within budget. The
budget amount represents costs for a longer section of sidewalk which extends further south. The
adjacent lands to this southern section have not yet been developed and therefore it is premature to extend
the sidewalk at this time. For this reason, the additional sidewalk was not included in this tender.
1254
't f
Mr. A. S. Cannella,C.E.T. SCHEDULE %%BII
' June 4,2007
2.
Based on the above, we recommend that the tender in the amount of$159,081.64 (exclusive of G.S.T.)be
awarded to Lafarge Paving&Construction Ltd. of Oshawa, Ontario.
Bid cheques or bid bonds shall be retained for low and second low bids until the Contract has been
executed.
Should you have any questions regarding this matter,please contact the undersigned.
Best Regards,
Ron Albright, P.Eng.
Project Engineer
RA/ym
Pa 12-296611C'urtespw222Q5.dtx
PC: Mr. Bruno Bianco,P.Eng.,Design Engineer,Municipality of Clarington
12 55
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-034-07 File # By-law #
Subject: CL2007-19, ASPHALT RESURFACING CONTRACT 1
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-034-07 be received;
2. THAT Miller Paving Limited, Whitby, Ontario with a total bid in the amount of
$814,385.62 (Plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2007-19, be awarded the
contract for the Asphalt Resurfacing Contract #1 as required by the Engineering
Department;
3. THAT the total funds required in the amount of $1,008,000.00 ($814,385.62
tender, consulting and contingencies) be drawn from Engineering 2007 Capital
Account #110-32-330-83212-7401;
4. THAT the remaining funds in the amount of $617,000.00 be transferred to the
Asphalt Resurfacing Contract 2; and
5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the
Clerk to execute the necessary agreement be approved.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1256
REPORT NO.: COD-034-07 PAGE 2
Submitted by: Reviewed b f
M e Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
Nancy T lor, B. ., C.A.,
Director of Finance
(1 A.S. Ca nella, C.E.T.
0, Director of Engineering Services
MM/NT/ASC/LB/km
1 257
REPORT NO.: COD-034-07 PAGE 3
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Asphalt Resurfacing
Contract 1, as required by the Engineering Department.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule"B" attached.
The total project cost, including project administration, and contingencies is $1,008,000.00 and will
be drawn from the 2007 Engineering Capital Budget Account # 1100-32-330-83212-7401 and is
outlined in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates
marked Schedule "B":
As the total tender is under the budget allocation of$1,625,000.00 it is recommended that the
$617,000.00 surplus be transferred to the Asphalt Resurfacing Contract 2 project.
The low bidder has previously performed satisfactory work for the Municipality of Clarington.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Engineering.
After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki
Associates and Purchasing, it was mutually agreed that the low bidder, Miller Paving Limited,
Whitby, Ontario, be recommended for the contract for the Asphalt Resurfacing Contract 1.
1258
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 Miller Paving
Limited, Whitby, Ontario, to enter into agreement for the
Asphalt Resurfacing Contract 1.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Miller Paving Limited, Whitby, Ontario, and said Corporation;
and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this day of 12007.
By-law read a third time and finally passed this day of , 2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1259
CIL I1 SCHEDULE "B"
Leading the Way
MEMO
TO: Louann Birkett, Purchasing Manager
FROM: Bruno Bianco, P. Eng., Design Engineer
DATE: June 7, 2007
SUBJECT: ASPHALT RESURFACING — CONTRACT 1
VARIOUS STREETS — 2007
CL2007-19
OUR FILE: CPR.2007.1
The Engineering Services Department has reviewed the recommendation
provided by TSH and offers the following comments.
We concur with the recommendation to award the contract to Miller Paving
Limited Whitby in the amount of $814,385.62 exclusive of G.S.T. for the
Pavement Rehabilitation Program (Contract 1) for 2007.
A contingency amount of approximately 9.0% is carried forward for the project
based on previous years. Therefore, including design and tender fees as well as
contract administration fees, the engineering department advises the following
Municipal breakdown for the above referenced project;
Asphalt Resurfacing
Contract 1
Account 110 32 330 83212 7401
Total Project $1,008,000.00
Amount
Budget Amount $1,625,000.00
Estimated $617,000.00
Budget Surplus To be carried forward to
Contract 2
RECEIVED
JUN 0 71007
MUNICIPALITY OF CLARINGTON
PURCHASING DEP NT
U' SCHEDULE
June -7, 2007
We recommend the report to Council move forward based on the above
apportionments. Attached for your files is the recommendation provided by TSH.
Should you have any further question, please feel free to contact the
undersigned.
Regards,
Bruno M. Bianco, P. Eng.
Design Engineer
BB/dv
Attachment
cc William McCrae, P. Eng., Totten Sims Hubicki
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
1261
d
■ TM SCHEDULE "B"
Totten Sims Hubicki Associates
engineers 513 Division Street,
architects Cobourg,Ontario,Canada K9A 5G6
planners (905) 372-2121 Fax: (905)372-3621
E-mail:cobourg @tsh.ca www.tsh.ca
June 7,2007
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: Asphalt Resurfacing,Various Streets,Contract No.CL2007-19
Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Thursday,May 31, 2007 at
2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST.
BIDDER TOTAL BID AMOUNT
Miller Paving Limited $814,385.62
Whit)y, ON
Lafarge Paving& Construction Limited $979,537.90
Oshawa, ON
TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid
values noted above. As requested by the Purchasing Department references have been checked for the
low bidder Miller Paving Limited. In addition to Contract CL2006-50 for the Municipality of Clarington,
Miller Paving Ltd. has completed projects of similar scope for the Region of Durham and the Township
of Uxbridge. Staff from these references were contacted and have confirmed the contractor's
performance on these past projects to be satisfactory.
Estimated costs for various project components,based on Miller Paving Limited's bid are summarized
below:
Tender Amount(All Sections) $814,385.62
Detailed Design and Tendering $20,736.08
Contract Administration/Material Testing $82,000.00
Contingencies $90,878.30
Total $1,008,000.00
Based on the total project cost of$1,008,000.00 for the asphalt rehabilitation works and the 2007 Capital
Budget amount of$1,625,000 from Account NO. 110-32-330-83212-7401, the project is within budget.
The higher budgeted amount is to account for the second phase of the asphalt rehabilitation which is to be
tendered later this summer.
1262
1
Mr.A.S.Cannella,C.E.T. SCHEDULE "B"
June 7,2007 2.
Based on the above, we recommend that the tender in the amount of$814,385.62(exclusive of G.S.T.)be
awarded to Miller Paving Limited of Whitby,Ontario.
Bid cheques or bid bonds shall be retained for low and second low bids until the Contract has been
executed.
Should you have any questions regarding this matter,please contact the undersigned.
Yours truly,
Ron Albright,P.Eng.
Project Engineer
RA/cg
?AI 2-2%36\Ccrmp\22220rev.d=
PC: Mr. Bruno Bianco,P.Eng.,Design Engineer
1263
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18,2007
Report#: COD-035-07 File # By-law#
Subject: Request for Proposal RFP2007-1, Janitorial and Sanitary Paper Supplies
Recommendations:
It is respectfully recommended that the General Purpose and Administrative Committee
recommend to Council the following:
1. THAT Report COD-035-07 be received;
2. THAT the proposal received from Swish Maintenance Limited, Peterborough, Ontario
being the lowest and most responsive bidder meeting all terms, conditions and
specifications of Request for Proposal RFP2007-1 be awarded the contract for the
provision of the Janitorial and Sanitary Paper supplies for a three year term. This
contract has an estimated value of approximately $270,000.00, (excluding GST);
3. THAT staff be authorized to extend the contract for up to an additional two years
pending satisfactory pricing, service and agreement by the Durham Purchasing Co-
operative; and
4. THAT the funds required be drawn from the respective operating departments;
Submitted by: Reviewed by:
"Marano, H.B.Sc., C.M.O. Franklin Wu,
it r of Corporate Services Chief Administrative Officer
A
seph Caruana,
Direetor.tv Community Services
Fre .H3rvath,
Director of Operations
M M\JC\FJ H\sm
1264
COD-035-07 Page 2
BACKGROUND AND COMMENT
Co-operative Request for Proposal RFP2007-1 was publicly advertised and invited for the
supply and delivery of janitorial and sanitary paper supplies as required by participating
agencies (City of Pickering, Town of Whitby) and the Municipality of Clarington for a period of
three years with an option to extend for two additional one (1) year terms.
Subsequently six bids were received and reviewed. See schedule A for the list of bidders. One
bid was rejected due non compliance as items were removed from the core pricing list.
As stipulated in the proposal documents, proponents were evaluated based on the following
criteria:
• Product Range and Availability
• Service
• Cost
• Training
• Environmental Programs and Products
• Ordering Ease
• Delivery
The evaluation committee consisting of a representative from the Town of Whitby, City of
Pickering and the Municipality of Clarington met and evaluated all compliant bids using the
above criteria.
As per the request for proposal document, the vendor selection would be made on the basis of
the written proposal, a potential interview and reference checks.
Upon completion of the document review, by the selection committee, two firms, Swish
Maintenance Limited, Peterborough, Ontario and G.H. Wood & Wyant, Pickering, Ontario were
selected for an interview.
Upon completion of the evaluation, the committee's recommendation is to award the contract to
Swish Maintenance Limited as the overall highest scorer. Swish has provided satisfactory
service in the past and is the current incumbent supplier for this contract.
1265
COD-021-06 Page 3
For the information of Council, the Municipality of Clarington paid approximately $90,000.00 to
Swish Maintenance Limited for Janitorial and Sanitary Supplies during 2006. This would equate
to approximately $270,000.00 over the 3 year term.
The required funds are to be drawn for the respective operating budgets
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation.
It is therefore recommended that the proposal received from Swish Maintenance Limited,
Peterborough, Ontario to provide the various departments of the Municipality of Clarington with
Janitorial and Sanitary Paper Products be accepted and the contract awarded.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1266
Leading the Way
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
RFP2007-1,
JANITORIAL AND SANITARY PAPER SUPPLIES
Bidder _ Core PrtE a
(ecrua : iablee
Swish Maintenance Ltd. $144,167.12
Peterborough, ON
Mr. Chemical $150,010.36
Concord, ON
G.H. Wood & Wyant
Pickering, ON $155,213.45
Mr. Janitorial $162,136.48
Newmarket, ON
Morgan Scott $197,406.55
Mississauga, ON
Corporate Express * Rejected
Mississauga, ON
Note: The above pricing is shown before tax and is only pricing submitted for the core items for all
participating agencies and does not include any items ordered over the course of the contract.
Items which do not appear on the core item listing have been priced on a "cost plus"basis.
Pricing was adjusted by removing items from the core lists which not all bidders submitted pricing
for. This was done to allow for proper price comparison between the companies.
1 267
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-036-07 File # By-law#
Subject: TENDER CL2007-28, PLUMBING SERVICES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-036-07 be received;
2. THAT Brent's Plumbing & Heating Limited, Courtice, Ontario, with bid prices of$55.00
per hour for Journeyman Plumber and $30.00 per hour for Journeyman Plumber's
Apprentice be awarded the contract to provide Plumbing Services, as required by the
Municipality of Clarington;
3. THAT pending satisfactory pricing and service the contract be extended for a second
and third year; and
4. THAT the funds expended be drawn from the various Current Budget Accounts.
Submitted by: Reviewed by' < ✓�'I�(.
Marie Marano, H.B.Sc., C.M.O. anklin Wu,
Director of Co ora Se, ' Chief Administrative Officer
F Horvath, RDMR, RRFA,
irect r of Operations
f
Jds p P. Caruana,
i ctor of Community Services
MM\LAB\FHUC\FW\s m
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1268
REPORT COD-036-07 PAGE 2 OF 2
BACKGROUND AND COMMENT
Tenders were publicly advertised and invited to provide Plumbing Services as required
by the Municipality of Clarington for the period of July 1, 2007 to July 31, 2008, with
prices remaining firm for a one year period. There is an option to extend the contract
for a second and third year pending satisfactory pricing and service.
Subsequently, tenders were received and tabulated as per Schedule "A" attached.
The bid price for Journeyman Plumber represents an approximate 13.5 percent (13.5%)
increase in the hourly rates over the 2006 contract prices. The required funds will be
drawn from the various years Current Budget Accounts.
For the information of Council, the Municipality of Clarington paid approximately
$145,231.15 to Jack Burgess Plumbing for Plumbing Services during 2006. This
$118,162.00 is comprised of approximately $98,789.15 for labour and $46,442.00 for
pa rts.
The subject firm has provided satisfactory service for Durham District School Board as well
as the Region of Durham
After further review and analysis of the bids by Purchasing, Operations and Community
Services Departments, it is respectfully recommended that Brent's Plumbing & Heating
Limited, Courtice, Ontario, be awarded the contract to provide Plumbing Services to the
Municipality of Clarington, as required.
Attachments:
Attachment 1 — Schedule "A", Bid Summary
1269
���
Leading the Way J
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
TENDER CL2007-28
PLUMBING SERVICES
Bidder. Part A Part B Part C Part D
Journeyman Joumeyman Material . Minimum
Plumber Plumber's Cost Plus Charge Rate
Apprentice:
Brent's Plumbing & Heating $55.00/hr $30.00/hr 20% $55.00/call
Courtice, ON
Jack Burgess Plumbing $55.00/hr $40.00/hr 20% $55.00/call
Bowmanville, ON
Call the Plumbing Doctor $65.00/hr $40.00/hr 20% $65.00/call
Oshawa, ON
1270
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-037-07 File # By-law#
Subject: CL2007-22, Church Street to St. George Street Reconstruction
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-037-07 be received;
2. THAT F.D.M. Contracting Company Limited, Thornhill, Ontario with a total bid in the
amount of$562,974.00 (Plus GST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2007-22, be awarded the contract for
the Church Street to St. George Street Reconstruction as required by the Engineering
Department;
3. THAT funds required in the amount of$732,000.00 (which includes $562,974.00
tendering, consulting and contingencies and less the Region of Durham portion) be
drawn from Engineering 2007 Capital Accounts # 110-32-330-83211-7401 Church Street
in the amount of$408,000.00 and 110-32-330-83289-7401 St. George Street in the
amount of$324,000.00;
4. THAT the tender award be subject to the approval of the Regional Municipality of
Durham for their portion of the work; and
5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
Submitted by: Reviewed by:0 ��^-�-�r(,_
ane Marano, H.B.Sc., C.M.O. Franklin Wu,
Dir cta�r of Corporate ervi s Chief Administrative Officer
ncy Tayl B. C. ,
Dire t finance
A.S. Cannella, C.E.T.
Director of Engineering Services
MM\LAB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTM71
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
REPORT NO.: COD-037-07 PAGE 2
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Church Street to St.
George Street Reconstruction, as required by the Engineering Department.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached.
The total project cost for Church Street and St. George Street is $732,000 ($408,000.00 and
$324,000.00 respectively) including project administration and contingencies. This amount exceeds
the approved budget of $610,000.00 ($310,000.00 Church St and $300,000.00 for St. George St.)
and results in a shortfall of $122,000.00 ($98,000.00 for Church St and $24,000.00 for St, George
St.).
In order to deal with the budget shortfall and proceed with this and other projects the Engineering
Department has prepared a report #EGD-045-07 recommending the transfer of funds from other
project accounts with a surplus. This includes the transfer of $122,000.00 from the West Townline
Sidewalk project account #5800-8320-07101 with $98,000.00 alotted to the Church Street project
account and $24,000.00 to the St. George Street Project account. Subject to Councils approval of
the Engineering report funds will be transferred to the following accounts to bring the total funding for
this project to $732,000.00 as outlined in the memo from Engineering Services and the letter from
Totten Sims Hubicki Associates marked Schedule "B". Funds will be drawn from Engineering 2007
Capital Accounts # 110-32-330-83211-7401 Church Street in the amount of $408,000.00 and 110-
32-330-83289-7401 St. George Street in the amount of$324,000.00.
A portion of the work included in this tender is for the works for the Region of Durham for which they
will be invoiced accordingly. It is therefore recommended that the contract award be subject to the
approval of the Region of Durham.
The low bidder has previously performed satisfactory work for the Town of Whitby, The City of
Toronto and the Municipalities of Durham and Peel.
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.
1272
REPORT NO.: COD-037-07 PAGE 3
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, F.D.M. Contracting
Company Limited, Thornhill Ontario, be recommended for the contract for the Church Street to St.
George Street Reconstruction.
Attachments:
Attachment 1 — Schedule "A", By-law
Attachment 1 —Schedule "B"
Memo from Engineering Services & Letter from Totten Sims Hubicki
1273
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 F.D.M.
Contracting Company Limited, Thornhill, Ontario for the
Church Street to St. George Street Reconstruction.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, F.D.M. Contracting Company Limited, Thornhill, 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
1274
SCHEDULE "B"
Leading the Way
MEMO
TO: Louann Birkett, Purchasing Manager
FROM: Bruno Bianco, Design Engineer
DATE: June 12, 2007
SUBJECT: Church St. and St George Street Reconstruction
Tender Award Recommendation
Contract CL2007-22
CSR.ChurchSt.1
CSI.KingSt.StGeorgeSt.1
The Engineering Services Department has reviewed the recommendation
provided by TSH and offers the following comments.
Engineering Services has submitted report EGD-045-07 for Council's
consideration. The report reallocates funding to each of these project in order to
complete the project within the 2007 capital budget year.
As such, we concur with the recommendation to award the contract to FMD
Contracting Limited. in the amount of $562,974.00 exclusive of G.S.T. for the
2007 Church St. reconstruction and St. George St. signalization project.
As recommended, contingency amounts vary between projects due the differing
scope of works. Therefore, including design and tender fees as well as contract
administration fees and utility relocations, the engineering department advises
the following breakdown subject to Council's resolution of report EGD-045-07 for
the above referenced project;
1275
SCHEDULE "B"
Church St. Reconstruction St. George St. Si nalization
Account 110 32 330 83211 7401 110 32 330 83289 7401
Total Project $408,000.00 $324,000.00
Amount
Budget Amount $310,000.00 $300,000.00
Estimated $98,000.00 $24,000.00
Budget Deficit
Estimated $98,000.00 $24,000.00
Transfer of Funds
EGD-045-07
Revised Budget $0.00 $0.00
Deficit/Surplus
In light of the circumstances discussed by TSH in the attached recommendation,
we recommend the report to Council be moved forward based on the above.
Attached for your files is the draft Report EGD-045-07. Should you have any
further question, please feel free to contact the undersigned.
Regards,
Bruno M. Bianco, P. Eng.
Design Engineer
BMB/dv
cc William McCrae, P. Eng., Totten Sims Hubicki
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
1276
SCHEDULE "B"
June 7,2007
Mr.A. S.Cannella,C.E.T.
Director of Engineering Services
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L I C 3A6
Dear Mr. Cannella:
Re: Church Street and St. George Street Reconstruction,Bowmanville
Contract No.CL2007-22,Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Friday,June 1,2007 at 2:15 p.m.A
list of the bids received is provided in the table below. All numbers are exclusive of GST.
BIDDER TOTAL BID
(Excluding GST)
F.D.M.CONTRACTING COMPANY LIMITED $562,974.00
THORNHILL,ON
RON ROBINSON LIMITED $650,751.56
BOWMANVILLE,ON
KAPP CONTRACTING INC. $870,700.60
VAUGHAN,ON
* Extension Error
TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid
values noted above. As requested by the Purchasing Department,references have been checked for the
low bidder. F.D.M Contracting Company Ltd. has completed projects of similar scope for the Town of
Whitby, City of Toronto, Region of Durham and Region of Peel. Staff from these references were
contacted and have confirmed the Contractor's work was performed to an acceptable standard, although
occasionally progress at times was slow. The Contractor has been contacted regarding this issue and noted
that the slow-down mentioned was a result of unforeseen contaminated material. They have stated they
have the resources to complete this Contract.
Estimated costs for the project,based on F.D.M Contracting Company Ltd's bid are summarized on the
attached Cost Apportionment. The Municipality of Clarington's portion of this Contract is projected to be
over budget with the estimated project cost of Church Street Reconstruction to be$408,000.00, with a
budgeted amount of$310,000.00 in Account No. 110-32-330-83211-7401 and the estimated project cost
of St. George Street Reconstruction to be$324,000.00 with a budgeted amount of$300,000.00 in Account
No. 110-32-330-83289-7401.
1277
Mr.A.S.Cannella,C.E.T. SCHEDULE "B"
June 7,2007 2,
When originally budgeted,the Church Street and St. George Street works were intended to be a
rehabilitation. Through the preliminary design and public consultation process for this project,there were
a number of issues raised that a rehabilitation would not address. These issues include addressing surface
drainage in the area,replacement of aging storm sewer and ongoing on-street parking concerns,namely
visibility problems in the vicinity of the Vincent Massey Public School. In order to address these issues,a
design requiring urbanization of the street was tendered resulting in added costs to the project and the
budget overrun.
As the proposed design adequately addresses the issues raised during the design and public consultation
process, it is recommended that the tender in the amount of$562,974.00(exclusive of G.S.T.)be awarded
to F.D.M Contracting Company Ltd. The award should be conditional on similar approval being received
from the Regional Municipality of Durham as a significant portion of this Contract is for the installation of
regional services.
Should you have any questions regarding this matter,please contact the undersigned.
Yours truly,
Ron Albright,P.Eng.
Project Engineer
RA/ym
PA12-29636\Corresp\22226.doc
Encl.
PC: Mr. Bruno Bianco, P. Eng.,Design Engineer,Municipality of Clarington
1278
Municipality of Clarington/Region of Durham
Church Street Reconstruction,Bowmanville
Low Bid Cost Apportionment June 07,2007
Contract CL2007-22 TSH Project#12-29554/12-29636/12-29660
Clarington Region of Durham Comments
Description Total Church Street St.George Street Watermain& Sanitary Sewer and
Appurtenances Appurtenances
Account Number 110 32 330 83211 110 32 330 83289 7401
Construction Costs Contract CL2007-21
Part A Road Works and Storm Sewers $408,856.00 $294,510.50 $114,345.50
Part B Sanitary Sewer and Appurtenances $13,972.00 $13,972.00
Part C Watermain&Appurtenances $119,175.00 $119,175.00
Part D General Items $20,971.00 $11,395.10 $4,424.22 $4,611.08 $540.60 Prorated
Sub-Total Construction $562,974.00 $305,905.601 $118.769.721 $123,786.081 $14,512.60
TSH Project Number 12-29636 12-29554 12-29660
Preliminary and Detailed Design,Coordination of Signal Design,
Region Invoiced Separately.
To May 26,2007 $43,092.97 $22,909.20 $11,118.77 $9,065.00 TSH design costs exclude storm sewer flushing
land camera work see Wow).
.
Construction Administration TSH Project $56,297.401 $30.590.56 $11,876.97 $12,378.61
$1.451.26
Other Costs
St.George Street Demolition $19,988.23 $19,988.23 Demolition and associated costs(utilities,legal)
St.George and King Street Signal Installation including
Interconnect Loop for King St.Corridor $160,885.00 $160,885.00 Purchase Order No.??
Storm Sewer Flushing and Camera Inspection $4,565.00 $3,195.50 $1,369.50
Subsurface Investigation-TBE $3,700.00 $1,850.00 $1,850.00 Estimated
Utility Relocation
Veridian $12,000.00 $4,000.00 $8,000.00 Estimated
Enbridge $8,000.00 $4,000.00 $4,000.00 Estimated
Sub-Total Other Costs $209,138.23 $33,033.73 $176,104.50
Sub-Total Estimated Project Costs $871,502.60 $392,439.09 $317,869.96 $145,229.69 $15,963.86
Contingencies $36,497.40 $15,560.91 $6,130.04 $12,770.31 $2,036.14 Estimated
Total Estimated Project Costs $908,000.00 $408,000.00 $324,000.00 $188,000.00 $18,000.00
Budget Amount $845,000.00 $310,000.00 $300,000.001 $217,000.00 $18,000.00
Over/Under Bud et Amount -$63,000.001 498,000. 0 424,000.001 $59,000.001 $0.00
All costs exclude G.S.T.
Did C7
4 r
M
. ov
•
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-038-07 File # By-law #
Subject: CL2007-26, Concession Road 3 Bridge Rehabilitation at Pollard Road
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-038-07 be received;
2. THAT Baltimore Development & Services Limited, Cobourg, Ontario with a total bid in
the amount of$89,530.00 (Plus GST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2007-26 be awarded the contract for
Concession Road 3 Bridge Rehabilitation at Pollard Road as required by the
Engineering Department;
3. THAT funds required in the amount of$126,000.00 (which includes $89,530.00
tendering, consulting and contingencies from the 2007 Budget) be drawn from
Engineering 2007 Capital Account# 110-32-329-83319-7401; and
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
Submitted by: � � Reviewed b
rie Marano, H.B.Sc., C.M.O. Franklin Wu,
Dr of Corporat Servi s Chief Administrative Officer
Nancy Ta or, B.B ., C
Direct Finance
A.S. Cannella, C.E.T.
Director of Engineering Services
MM\LAB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1280
REPORT NO.: COD-038-07 PAGE 2
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Concession Road 3
Bridge Rehabilitation at Pollard Road, as required by the Engineering Department.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached.
The total project cost, including project administration and contingencies is $126,000.00 and is within
the 2007 Budget allocation of $230,000.00 as outlined in the memo from Engineering Services and
the letter from Totten Sims Hubicki Associates marked Schedule "B" and will be drawn from
Engineering 2007 Capital Accounts# 110-32-329-83319-7401.
The low bidder has previously performed satisfactory work for the Township of Hamilton, County of
Northumberland and the Township of Alnwick.
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, Baltimore Development &
Services Limited, Cobourg, Ontario, be recommended for the contract for the Concession Road 3
Bridge Rehabilitation at Pollard Road.
Attachments:
Attachment 1 — Schedule "A", By-law
Attachment 1 —Schedule "B"
Memo from Engineering Services & Letter from Totten Sims Hubicki
1281
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 Baltimore
Development & Services Limited, Cobourg, Ontario for the
Concession Road 3 Bridge Rehabilitation at Pollard Road.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Baltimore Development & Services Limited, Cobourg, 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
1 282
SCHEDULE "B"
Leading the Way
MEMO
TO: Louann Birkett, Purchasing Manager
FROM: Bruno Bianco, Design Engineer
DATE: June 12, 2007
SUBJECT: Conc. Rd. 3 Bridge Rehabilitation
Tender Award Recommendation
Contract CL2007-26
CSR.ConcRd3.1
The Engineering Services Department has reviewed the recommendation
provided by TSH and offers the following comments.
We concur with the recommendation to award the contract to Baltimore
Development & Services Limited. in the amount of $89,530.00 exclusive of
G.S.T. for the 2007 Concession Road 3 Bridge rehabilitation project east of
Pollard Rd.
As recommended, we have carried a contingency amount of approximately 12%
to address the sensitivity of the water course below the structure. Therefore,
including design and tender fees as well as contract administration fees, the
engineering department advises the following breakdown for the above
referenced project;
Concession Road 3 Bridge
Rehabilitation
Account 110 32 329 83319 7401
Total Project $126,000.00
Amount
Budget Amount $230,000.00
Estimated $104,000.00
Budget Surplus
1283
SCHEDULE "B"
In light of the circumstances discussed by TSH in the attached recommendation,
we recommend the report to Council be moved forward based on the above.
Attached for your files is the recommendation provided by TSH. Should you
have any further question, please feel free to contact the undersigned.
Regards,
Bruno M. Bianco, P. Eng.
Design Engineer
BMB/dv
cc William McCrae, P. Eng., Totten Sims Hubicki
Nancy Taylor, Director of Finance
;W .07.;..�w_.x...i"� .: ��G7
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
1284
TM SCHEDULE uwt
■ Totten Sims Hubicki Associates
engineers 513 Division Street,
Cobourg,Ontario,Canada K9A 5G6
architects (905)372-2121 Fax: (905)372-3621
planners E-mail:cobourcg @tsh.ca www.tsh.ca
June 11,2007
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: Concession Road 3 Bridge Rehabilitation at Pollard Road
Contract CL2007-26
Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Wednesday, June 6,2007 at
2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST.
BIDDER TOTAL BID AMOUNT
Baltimore Developments & Services Limited $89,530.00
Cobour , ON
Bob Hendricksen Construction Limited $113,850.00
Port Perry, ON
A-Con Construction Limited $152,295.90
Woodbridge, ON
Elirpa Construction &Material Ltd. $152,533.76
Pickerin ,ON
* Extension Error
TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid
values noted above. As requested by the Purchasing Department,references have been checked for the
low bidder,Baltimore Developments&Services Limited(BDS). In addition to the COMRIF Contract
NO. HAM29455 completed for the Township of Hamilton,which was administered by TSH,BDS has
completed projects of similar scope for the County of Northumberland and the Township of Alnwick.
Staff from these references were contacted and have confirmed the contractor's performance on these
past projects to be satisfactory.
Estimated costs for various project components, based on Baltimore Developments&Services Limited's
low bid are summarized below:
1285
Mr.A.S.Cannella,C.E.T. SCHEDULE „B/I
June 11,2007 2
Tender Amount(All Sections) $89,530.00
Detailed Design and Tendering $7,173.30
Contract Administration/Material Testing $15,000.00
Contingencies $14,296.70
Total $126,000.00
Based on the total project cost of$126,000.00 for the Bridge Rehabilitation and the 2007 Capital Budget
amount of$230,000.00 from Account NO. 110-32-329-83319-7401,the project is within budget.
The reason for the large difference between the budgeted amount and the total project cost was due to the
budget amount being based on a preliminary assessment of the site and a much more extensive
rehabilitation for the bridge. The final detailed design dealt with a much more limited scope of work
dealing mainly only with the parapet walls and minor substructure rehabilitation.
Based on the above,we recommend that the tender in the amount of$89,530.00(exclusive of G.S.T.) be
awarded to Baltimore Developments& Services LTD.,Cobourg,Ontario.
Bid cheques or bid bonds shall be retained for low and second low bids until the Contract has been
executed.
Should you have any questions regarding this matter,please contact the undersigned.
Yours truly,
Ton bright,P.E
Project Engineer
RA/ym
PA 12.2%54%Cwmspk22229.doc
PC: Mr. Bruno Bianco,P.Eng.,Design Engineer,Municipality of Clarington
UH
1 286
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-039-07 File # By-law#
Subject: CL2007-21, Elgin Street Reconstruction
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-039-07 be received;
2. THAT Hard-Co Construction Ltd, Whitby, Ontario with a total bid in the amount of
$1,616,400.00 (Plus GST), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2007-21 be awarded the contract for the Elgin
Street Reconstruction as required by the Engineering Department;
3. THAT funds required in the amount of$762,000.00 (which includes $1,616,400.00
tendering, consulting and contingencies and less the Region of Durham portion) be
drawn from Engineering 2007 Capital Accounts # 110-32-330-83291-7401;
4. THAT the tender award be subject to the approval of the Regional Municipality of
Durham for their portion of the work; and
5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
1
Submitted by: — Reviewed
ne Marano, H.B.Sc., C.M.O. Franklin Wu,
Directov of Corporate ervic Chief Administrative Officer
1
Nancy Tayl r, B. A.
Dire for f F' ance
A.S. Cannella, C.E.T.
Director of Engineering Services
MM\LAB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1287
REPORT NO.: COD-039-07 PAGE 2
BACKGROUND AND COMMENT
Tender specifications were provided by Totten Sims Hubicki Associates for the Elgin Street
Reconstruction, as required by the Engineering Department.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached.
Subject to the Council Approval of Report EGD-045-07 authorizing the transfer of surplus funds from
the Concession Road 3 Bridge Rehabiltation of $102,000.00 and $25,000 from the West Townline
Sidewalk, the total project cost, including project administration, costing allocation is $762,000.00
and is within the revised 2007 Engineering Capital Budget allocation of $762,000.00 as outlined in
the memo from Engineering Services and the letter from Totten Sims Hubicki Associates marked
Schedule "B" and will be drawn from Accounts # 110-32-330-83291-7401.
A portion of the work included in this tender is for the works for the Region of Durham for which they
will be invoiced accordingly. It is therefore recommended that the contract award be subject to the
approval of the Region of Durham.
The low bidder has previously performed satisfactory work for the Municipality of Clarington.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department' needs, specifications, etc., should be
referred to the Director of Engineering.
After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki
Associates and Purchasing, it was mutually agreed that the low bidder, Hard-Co Construction Ltd.,
Whitby, Ontario, be recommended for the contract for the Elgin Street Reconstruction.
Attachments:
Attachment 1 — Schedule "A", By-law
Attachment 1 — Schedule "B"
Memo from Engineering Services & Letter from Totten Sims Hubicki
1288
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 Hard-Co
Construction Ltd, Whitby, Ontario for the Elgin Street
Reconstruction.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Hard-Co Construction Ltd, Whitby, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this day of , 2007.
By-law read a third time and finally passed this day of , 2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1289
SCHEDULE "B"
l
arm. �n
Leudi�ig the Way
MEMO
TO: Louann Birkett, Purchasing Manager
FROM: Bruno Bianco, Design Engineer
DATE: June 12, 2007
SUBJECT: Elgin Street Reconstruction
Tender Award Recommendation
Contract CL2007-21
CRC.ElginSt.1
The Engineering Services Department has reviewed the recommendation
provided by TSH and offers the following comments.
Engineering Services has submitted report EGD-045-07 for Council's
consideration. The report reallocates funding to this project in order to complete
the project within the 2007 capital budget year.
As such, we concur with the recommendation to award the contract to Hard-Co
Construction Ltd. in the amount of$1,616,400.00 exclusive of G.S.T. for the 2007
Elgin Street reconstruction project from Odell St to Fourth St in order to take
advantage of proposed Regional works.
As recommended, we have carried a contingency amount of approximately 5.5%
to address the issues that may arise from the existing neighbourhood. Therefore,
including design and tender fees as well as contract administration fees and
utility relocations, the engineering department advises the following breakdown
subject to Council's resolution of report EGD-045-07 for the above referenced
project;
1290
SCHEDULE "B"
Elgin St. Reconstruction
Account 110 32 330 83291 7401
Total Project $762,000.00
Amount
Budget Amount $635,000.00
Estimated $127,000.00
Budget Deficit
Estimated $127,000.00
Transfer of Funds
EGD-045-07
Revised Budget $0.00
Deficit/Surplus
In light of the circumstances discussed by TSH in the attached recommendation,
we recommend the report to Council be moved forward based on the above.
Attached for your files is the draft Report EGD-045-07. Should you have any
further question, please feel free to contact the undersigned.
Regards,
Bruno M. Bianco, P. Eng.
Design Engineer
BMB/dv
cc William McCrae, P. Eng., Totten Sims Hubicki
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379
1291
L , !
TMSCHEDULE
■ Totten Sims Hubicki Associates
engineers 513 Division Street,
architects Cobourg,Ontario,Canada K9A 5G6
planners (905)372-2121 Fax:(905)372.3621
E-mail;cobourg @tsh.ca www.tsh.ca
June 11, 2007
Mr.A. S. Cannella, C.E.T.
Director of Engineering Services
Corporation of the Municipality of Clarington
40 Temperance Street
BOW ANVILLE, Ontario L I C 3A6
Dear Mr. Cannella:
Re: Elgin Street Reconstruction,Bowmanville
Contract No. CL2007-21, Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Tuesday,June 5,2007 at
2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST.
BIDDER TOTAL BID
(Excluding CST)
Hard-Co Construction Ltd. $1,616,400.00
Whitby, ON
Ron Robinson Limited $1,824,830.62
Bowmanville, ON
TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid
values noted above. Hard-Co Construction has completed several projects for the Municipality of
Clarington in recent years including the reconstruction of Wellington Street in 1999 and Meatus Avenue
in 2000. Currently,Hard-Co is constructing the Municipality of Clarington Contract CL2006-28 Baldwin
and Church Street Reconstruction. All completed work for the Municipality of Clarington in recent years
has been completed in a satisfactory manner. They have also carried out projects for other municipalities
in the area including the City of Kawartha Lakes and the Regional Municipality of Durham. All
references contacted assessed Hard-Co's perfon-nance to be good.
Estimated cost for the project, based on Hard-Co's bid, are summarized on the attached Cost
Apportionment. The Municipality of Clarington's portion of this Contract is projected to be over budget
with an estimated project cost of$762,000.00 and a budgeted amount of$635,000.00 in Account No.
110-32-330-83291-7401.
The primary reason for the projected budget overrun is an extension of the project north limit,from Third
Street to Fourth Street. By completing the road work in conjunction with replacement of the Region of
Durham's water and sewer infrastructure, approximately $100,000.00 in Clarington costs will be covered
by the Region's sewer and water budgets through restoration of the sewer and watermain trenches.
1292
. s
Ivtc.A.S.Cannella,C.F.T. SCHEDULE
J Lille 1 1,200
We recommend that the tender in the amount of$1,616,400.00 (exclusive of G.S.T.) be awarded to Hard-
Co Construction Ltd., Whitby. The award should be conditional on similar approval being received from
the Regional Municipality of Durham as a significant portion of this Contract is for the installation of
regional services.
Should you have any questions regarding this matter,please contact the undersigned.
Yours truly,
William McCrae, P.Eng.
Senior Project Engineer
WMc/ym
PA 12-29600%Comesp122228.doc
Encl.
PC: Mr. Bruno Bianco, P.Eng, Design Engineer, Municipality of Clarington
TM
1293
Municipality of Clarington/Region of Durham
Elgin Street Reconstruction, Bowmanville
Low Bid Cost Apportionment
Contract CL2007-21 June 11,2007
TSH Project#12-29600
Clarin ton Region of Durham Comments
Description Total Elgin&First Watermain& Sanitary Sewer and
Street Appurtenances Appurtenances
Account Number 1110323308 3291 969306001XX 969306002XX
Construction Costs Contract CL2007-21 7401
Earth Excavation&Road Restoration on Elgin,
Part A Road Works and Storm Sewers
$933,680.00 $570,122.60 $36,355.74 $327,201.66 Second,Third and Fourth Street paid by
Part B Sanita ry Sewer and Appurtenances $287,791.00 $287,791.00 Region
Part C Watermain&Appurtenances $331,429.00 $331,429.00
Part D General Items $63,500.00 $23,313.02 $15,039.17 $25,147.81 Prorated
Sub-Total Construction $1,616,400.00 $593,435.62 $382,823.91 $640,140.47
TSH Pro ect Number 12-29600 12-29631 12-29632
Design Review,Public Consultation&Tendering
Region Invoiced separately for Sewer and
...... To May 26,2007 $72,972.87 $41,526.14 $15,246.63 $16,200.10 Watermain. TBE amount invoiced under TSH
project number 12-29600 is shown under other
Construction Administration TSH Project#12-29600 $161,640.00 $59,343.56 $38,282.39 $64,014.05 Estimated
Other Costs
Geotechnical Investigation-Soils Engineers $3,000.00 $1,101.40 $710.51 $1,188.09 Quote-Prorated
Subsurface Investigation-TBE $2,798.75 $2,798.75 Invoice#91764
Utility Relocation
Veridian $20,000.00 $20,000.00 $0.00 $0.00 Estimated
Enbridge $36,000.00 $0.00 $36,000.00 $0.00 Estimated
Bell $1,800.00 $1,800.00
Estimated
Sub-Total Other Costs $63,598.75 $25,700.15 $36,710.51
$1,188.09 �
Sub-Total Estimated Project Costs $1,914,611.62 $720,005.47 $473,063.45
$721,542.70
Contingencies $102,388.38 $41,994.53 $23,936.55
$36,457.30 Estimated m
$758,000
Total Estimated Project Costs $2,017,000.00 $762,000.00 $497,000.00 0
.00
Budget Amount $1,915,000.00 $635,000.00 $501,000.00 C
$779,000.00 r
Over/Under Budget Amount -$102,000.00 -$127,000.00 $4,000.00 (n
All costs exclude G.S.T.
$21,000.00
N
(O
P29WWCondn%WN Low BMI Cue AppMi_n1 Kb
TSH
Clarjn2tOR
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: COD-040-07 File # By-law#
Subject: Tender No. T329-2006 Co-operative Tender for Stationery Supplies and
Printer Toner Cartridges
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-040-07 be received;
2. THAT Corporate Express Canada Inc., Mississauga, Ontario with a total bid in an
approximate amount of$84,000.00 per year (plus GST and PST) for the Municipality of
Clarington, being the lowest responsible bidder meeting all terms, conditions, and
specifications for Parts A and B of Co-op Tender T329-2006, be awarded the contract
to supply stationery and printer toner products for a THREE year term to expire June
30, 2010, as required by the Municipality of Clarington;
3. THAT staff be authorized to extend the contract for up to an additional two years
pending satisfactory pricing, service and agreement by the Durham Purchasing Co-
operative; and
4. THAT the funds be provided from the departmental operating accounts during the term
of the agreement.
Submitted by: Reviewed by: D -�---�
vie Marano, H.B.Sc., C.M.O. Franklin Wu,
Directorof Corporate Services Chief Administrative Officer
ancy Tayl r, .,
Director of finance
MM/LAB/sm
1295
REPORT: COD-040-07 PAGE 2
BACKGROUND AND COMMENT
Co-operative tenders were publicly advertised and invited for the supply and delivery of
stationery and printer toner products as required by participating agencies (Region of Durham,
City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Township of Uxbridge,
Township of Scugog, Durham Non-profit Housing) and the Municipality of Clarington for a period
of three years with an option to extend for two additional years. Tenders were issued on the a
basis of Stationery Products and Toner Products being Part A and Part B respectively and the
tender document contained the provision for the award to be made for Parts A and B combined
or for separate awards for these two parts.
Tenders were received and tabulated as per Schedule "A" attached. The bid amounts are a
reflection of the usage of all participants for a one year period and do not reflect the total
expense for the Municipality of Clarington. A review of Clarington's usage of stationery and
toner products for a 12 month period indicates that stationery is valued at an estimated
$38,500.00 while toner products are estimated to cost in excess of$45,500.00 before taxes.
Upon review of the bids, it is the recommendation of the staff to proceed with an award to the
low bidder, Corporate Express, Mississauga, for Part A - Stationery Products and Part B -
Printer Toner Products with a total combined cost of $523,104.94 ($352,820.21 for Stationery +
$170,284.73 for Toner products). The term of the agreement is three years with a right to
extend for two additional one year terms subject to satisfactory pricing and performance. The
reduction in the cost of stationery and toner products is expected to exceed 11% and 13%
respectively.
The required funds to cover stationery and toner supplies during the term of the agreement are
provided in the various departmental operating accounts
The subject firm has previously provided satisfactory service for the Municipality of Clarington.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169
1296
a
Clar!
Leading the Way 40ft
Municipality of Clarington
SCHEDULE "A" BID SUMMARY
CO-OP TENDER #T329-2006 — Supply and Delivery of Stationery
and Printer Toner Products
Bidder Stationery, Toner Products OEM
Products
Corporate Express
Mississauga $352,820.21 $170;284.73
Grand & Toy $389,098.29 $193,187.13
Vau han
QRX *Rejected $185,787..08
North York, ON
Ontario Data Supplies Inc.
$229,823.03
Pickering
Axidata $173,185.96
Markham, ON
Lyreco Office Products
Scarborough
* Rejected
Laser Recharge No Bid * Rejected
Ajax, ON
Office Depot *Rejected
Markham, ON
* Bids were rejected as they were not Compliant to tender terms and/conditions of
submission.
1297
•
arm n
Leading the Way REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, JUNE 18, 2007 Resolution #:
Report #: FND-012-07 File #: By-law #:
Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT
CHARGES RESERVE FUNDS FOR THE YEAR
ENDED DECEMBER 31, 2006
Recommendations:
It is respectfully recommended the General Purpose and Administrative Committee
recommend to Council the following:
1. THAT Report FND-012-07 be received for information; and
2. THAT a copy of this report be sent to the Ministry of Municipal Affairs and
Housing.
Submitted by: Reviewed b
a k6 y M. a or, A., C.A. Franklin Wu
Director f Finance reasurer Chief Administrative Officer
NMT/na
1301
REPORT NO.: FND-012-07 PAGE 2
BACKGROUND
1.0 In accordance with Bill 98, an Act to promote job creation and increased municipal
accountability while providing for the recovery of development costs related to new
growth, Schedule "A" attached shows the activity in the Development Charges Reserve
Funds for the year ended December 31, 2006.
2.0 For the year ended December 31, 2006, a total of 861 residential building permits were
issued. Approximately 790 units were anticipated for 2006 in the development charge
study review and update. Also, a total of 51 capital projects have been financed by the
Development Charges Reserve funds.
Attachments:
Schedule "A" - Development Charges Reserve Funds Statement
Schedule "B" — Committed Amounts from Prior Years' Budgets/Council Approvals
Schedule "C" — Capital Expenditures
Interested Parties:
Municipal Finance Branch
Ministry of Municipal Affairs and Housing
777 Bay Street, 13th floor
Toronto, Ontario
M5G 2E5
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-4169
1302
m
0
DN:DC REPORTS/DCRF 2006 MUNICIPALITY OF CLARINGTON SCHEDULE A (y)
Prepared: RB/May 17,2007 DEVELOPMENT CHARGES RESERVE FUNDS STATEMENT
Updated: RB/June 6,2007 FOR THE 2006 YEAR
GENERAL LIBRARY FIRE PROTECTION INDOOR PARK DEV.& OPERATIONS ROADS AND PARKING TRANSIT STORMWATER TOTAL
GOVERNMENT SERVICES SERVICES RECREATION RELATED FACILITIES RELATED &DRAINAGE
CONTROL SERV.
Balance as of December 31,2005 461,063 25,310 1,857,217 1,441,097 1,204,199 1,560,233 7,395,452 5,971 4,355 13,954,897
PLUS: •
Development Charge Proceeds (255,765) (321,352) (357,727) (1,799,694) (701,928) (424,346) (2,987,580) (22,809) (16,513) (6,887,714)
Accrued Interest Apportionment (12,246) (742) (44,757) (36,771) (29,097) (35,936) (178,473) (374) (107) (338,503)
Transfer from Reserve Fund -
Transfer from Capital Fund
Transfer from Revenue Fund
SUBTOTAL 268,011 322,094 402,484 1,836,466 731,025 460,282 3,166,053 23,183 16,620 7,226,217
LESS:
Amount Transferred to Capital Fund ' (11,198) - 237,184 - 1,167,247 581,012 2,420,760 4,385,003
Transfer to Revenue Fund 59,083 432,600 28,000 1,470,907 - - 78,077 20,975 2,089,642
SUBTOTAL 47,885 432,600 265,184 1,470,907 1,167,247 581,012 2,498,837 20,975 6,484,645
Closing Balance as of December 31,2006 681,189 85,196 1,994,517 1,806,656 767,978 1,439,504 8,062,668 29,153 - 14,696,468)
Committed Amounts from Prior Years " 45,000 1,657,585 60,686 - 752,957 - 8,759,522 13,500 11,289,250
Committed Amounts from 2007 Budget"' 670,500 431,319 1,128,000 1,837,868 405,000 443,520 8,482,586 - 13,398,793
Balance Available for Future Needs 34,311 2,174,100 805,831 31,212 388,980 995,984 9,179,440 15,653 8,881,575
See Schedule C
See Schedule B
2007 Draft Budget
NOTE:
Total Development Charges collected on behalf of the Region in 2006 8,960,834
Less: Amounts paid to the Region 8,960,834
Total Development Charges due to the Region at December 31,2006 -
DN:DC REPORTSOCRF 2006
Prepared:R81Mey 17,2007 SCHEDULE B
Updated:RB/Jme 8,2007
MUNICIPALITY OF CLARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2006 YEAR
COMMITTED AMOUNTS FROM PRIOR YEARS'BUDGETS/COUNCIL APPROVALS
YEAR PROJECT/DESCRIPTION AMOUNT
COMMITTED
RESERVE FUND: D/C-GENERAL GOVERNMENT
2006 Capital Libra -system planning/service delivery model study 45,000
Total 45,000
RESERVE FUND: D/C-LIBRARY SERVICES
2006 Capital Library-additional library materials for all branches 73,319
2006 Capital Libra -expanded new library in Newcastle 1,584,266
Total 1,657 585
RESERVE FUND: D/C-FIRE PRO TECI70N SERVICES
2003 Capital Courtice Fire Station B90
2006 Council add'I funds-add'n Sin#5 Enniskillentbuilding materials/furnace upgrade 13,936
2006 Capital increase parking lot Stn#1 Bowmanville 46,060
Total 60,686
RESERVE FUND: D/C-PARK DEVELOPMENT&RELATED FACILITIES
2003 Capital Bowmanville Waterfront Redevelopment Feasibility Study 45,149
2003 Capital South Courtice Community Park-Soccer Field 1 31,021
2006 Capital Knox Neighbourhood West-park development/design 18,000
2006 Capital Bow.Community Park-lighted football field/scoreboard-baseball field 358,592
2006 Council Waverly Rd,Bow.-landscape feature area/plantings/sign/lighting 108,000
2006 Capital Soper Creek Trail,Bow.-Ph 2/design 19,620
2006 Capital Orono streetscape enhancements-install planting strip/east side-Main St. 12,794
2006 Capital Courtice Skateboard Parkidesign 40,500
2006 Capital Courtice entrance feature/landsca in / lantin slsi nAi htin 119.282
Total 752,957
RESERVE FUND: D/C-ROADS AND RELATED
2002 Capital Road reconstruction-Longworth Ave,Bowmanville 21,897
2004 Capital Road reconstruction-Longworth Ave/Liberty to Scugog,Bowmanville 44,175
2004 Capital Street lights-Longworth Ave @ Hwy#57,Bowmanville 23,751
2005 Capital Surface asphalt-Longworth Ave/Hwy#57 to Middle Road,Bowmenville 42,250
2006 Council Traffic signals-Longworth Ave&Scugog St 37,508
2006 Council Traffic signals-Longworth Ave&Reg.Rd#57 87,500
2004 Capital Road reconstruction-Scugog St/Middle Road,Bowmanville 63,278
2005 Capital Road reconstruction-Scugog St/Middle Road,Bowmanville 75,194
2005 Capital Road reconstruction-Hunt Street,Bowmanville 125,664
2006 Capital Road reconstruction-Hunt Street,Bowmanville 38,500
2005 Capital Road reconstruction-Mill Street,Newcastle 583,695
2006 Capital Overpass reconstruction-Mill Street,Newcastle 2,224,533
2005 Capital Road reconstruction-Baldwin Street,Newcastle 406,947
2006 Capital Road reconstruction-Baldwin Street,Newcastle 60,991
2005 Capital Road reconstruction-Claington Blvd,Bow./reimb.of construction costs 36,400
2005 Capital Road reconstruction-Brownsville Road,Newcastle 74,978
2005 Capital Road reconstruction-Green Rd,Bow/Baseline to Boswell 58,598
2006 Capital Road reconstruction-Green Rd,Bow/Baseline to Boswell 2,943,710
2006 Capital Road reconstruction-Green Rd,Bow/Hwy#2 northerly for 230m 238,230
2006 Capital Road reconstruction/design-Elgin St,Bow/Wellington to Third Street 5,620
2006 Capital Road reconstruction/design-Darlington Blvd,Courtice 23,427
2006 Capital Road reconstruction/design-Trulls Rd,Courtice 10,699
2005 Capital CPR level crossing improvements-Meams Ave.,Bowmanville 193,908
2006 Capital Road reconstructionldesign-CPR level crossing-C.Rd 3/Meams Ave,Bow 40,166
2006 Capital Stevens Rd,Bow.Extensionidesign,land acquis.,environ.assessment 394,684
2006 Capital Church St,Bow.Extension/includes demolition @ 1 George St. 78,348
2005 Capital Traffic signals-Bowmanville Mall,King St.Bowmanville 139,432
2006 Capital Street signalization-King St/George St,Bow. 275,140
2006 Capital Traffic signals-Baseline Rd.W.&Spry 200,000
2004 Capital Transportation study,Courtice 44,175
2005 Capital Eng/Sidewalks-Hwy#2/Centerfield to Trulls,Courtice 58,417
2006 Capital Eng/Sidewalks-Hwy#2,Bow/south side-Clar.Blvd to Green Rd 24,144
2006 Capital Eng/Sidewalk-Green Rd/Hwy#2 south to 600m 22,548
2006 Capital Erosion protection works-Farewell Creek/Old Kingston Road 35,905
2004 Capital Soper Creek Erosion Protection Study 25.110
Total 8,759,522
RESERVE FUND: D/C-PARKING
2006 Capital Silver Street-north parking lot/central meter installation 13,500
Total
13,500
TOTAL COMMITTED TO DEVELOPMENT CHARGES RESERVE FUNDS 11,289,250
1304
DN:DC REPORTS/DCRF 2006
Prepared:RBMky 29,2007
Updated:RS/June 8,2007
MUNICIPALITY OF CLARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2006 YEAR
D/C R/F NON D/C R/F
CAPITAL EXPENDITURES AMOUNT FINANCING FINANCING DESCRIPTION
D/C-FIRE PROTECTION SERVICES
Courtice Fire Station 3,095 603 2,492 Municipal Capital Works R/F
Addition-Enniskillen Stn#5 107,414 97,831 9,584 Tax levy
Rescue Truck 138,750 138,750 -
249,260 237,184 12,076
D/C-PARK DEVELOPMENT k RELATED FACILITIES
South Courtice Community Park-Soccer Field 15,492 13,417 2,074 Tax Levy
Park Development-Pearce Farm Park 41,872 36,266 5,607 Developer contribution
Park Development-Bowmanville Community Park 531,565 478,408 53,156 Public Works&Parks Capital R/F
Park Development-Fenwick Park 3,244 2,919 324 Public Works&Parks Capital R/F
Park Development-Brookhouse Parkette 3,702 3,332 370 Public Works&Parks Capital R/F
Park Development-Soper Creek Trail 8,200 7,380 820 Public Works&Parks Capital R/F
New Ball Diamond Lighting-Harvey Jackson Park 157,353 141,617 15,735 Tax Levy
Orono Streetscape 45,785 41,206 4,578 Public Works&Parks Capital RIF
Courtice Entrance Feature 7,465 6,718 746 Public Works&Parks Capital R/F
Bowmanville Waterfront Redevelopment 9,467 8,615 852 Tax Levy
Robinson Ridge Subdivision Parkland Credit Payment 427,368 427,368 -
1,251,511 1,167,247 84,264
D/C-OPERATIONS
Park Development-Bowmanville Community Park 115,505 57,128 13,918 Public Works&Parks Capital R/F
44,459 Impact/Escrow R/F
Transfer Station 270,253 176,318 20,392 Tax Levy
16,723 Municipal Capital Works RIF
17,330 P/W Equipment R/F
39,490 Outside Contribution
New Equipment Purchases 283,331 219,132 (139)Municipal Capital Works R/F
64,338 P/W Equipment RIF
Fleet Replacement-Parks 156,556 102,971 48,086 P/W Equipment R/F
5,500 Outside Contribution
SCA-Half Ton Pick Up Truck 28,292 25,463 2,829 C/S Capital RIF
853,937 581,012 272,926
D/C-ROADS AND RELATED
Street Lighting-Longworth Avenue, Bowmanville 83,609 47,514 8,716 Tax Levy
27,379 Developer contribution
Road reconstruction-Longworth Avenue Bridge,Bowmanville 22,570 19,071 745 Roads Contribution RIF
2,753 Municipal Capital Works
Road reconstruction-Meams Avenue,Bowmanville 9,834 9,834 -
Road reconstruction-Church Street,Bowmanville 21,652 21,652 -
Road reconstruction-Scugog Street,Bowmanville 165,262 63,072 9,625 Municipal Capital Works
92,565 Developer contribution
Road reconstruction-Hunt Street,Bowmanville 51,592 26,379 10,468 Tax Levy
38,518 Roads Contribution R/F
(23,773)Developer contribution
Road reconstruction-Prestonvale Road,Courtice(2004) (225) (176) (49)Tax Levy
Page 1 of 2
1305
DN:DC REPORTS:DCRF 2006
Prepared:RBAAay 29,2007
Updated:RB/Jum e,2007
MUNICIPALITY OF CLARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2006 YEAR
D/C R/F NON D/C R/F
CAPITAL EXPENDITURES AMOUNT FINANCING FINANCING DESCRIPTION
D/C-ROADS AND RELATED-cont'd
Road reconstruction-Prestonvale Road,Courtice(2002) 1,521 (1,121) (190)Rate Stabilization RIF
(118)Tax Levy
2,950 Region Contribution
Road reconstruction-Mill Street,Newcastle 525,802 417,509 108,293 Developer Contribution
Road reconstruction-Baldwin Street,Newcastle 100,255 81,505 12,039 Roads Contribution R/F
6,711 Developer Contribution
Road reconstruction-Brownsville Road,Newcastle 250 188 62 Municipal Capital Works
Road reconstruction-Middle Road,Bowmanville 35,617 29,025 6,592 Municipal Capital Works
Road reconstruction-Jane Avenue,Courtice 231,855 201,800 30,055 Municipal Capital Works
Road reconstruction-Westmore Street,Courtice 570,137 500,980 69,158 Municipal Capital Works
Road reconstruction-CPR Crossing/Meams Ave,Bowmanville 6,372 5,799 573 Municipal Capital Works
Road reconstruction-Green Road,Bowmanville 121,922 110,949 10,973 Roads Contribution RIF
Road reconstruction-Elgin Street,Bowmanville 17,291 5,506 11,786 Tax Levy
Road reconstruction-Stevens Road,Bowmanville 18,316 18,316 -
Road reconstruction-Trulls Road,Courtice 13,501 12,561 940 Municipal Capital Works
Land acquisition-St.George Street,Bowmanville 243,728 243,728 -
Erosion Protection Works-Farewell Creek/Old Kingston Road,Court. 189,095 114,095 25,000 Roads Contribution R/F
50,000 Region Contribution
Road reconstruction-Works Associated with Dev. 21,518 10,759 10,759 Tax Levy
Traffic Signals-Roenigk Drive,Bowmanville 89,525 81,468 8,057 Tax Levy
Traffic Signals-Nash/Trulis Road,Courtice 68,482 62,318 6,163 Tax Levy
Traffic Signals-King St/Bowmanville Mall,Bowmanville 95,678 87,067 8,611 Roads Contribution R/F
Traffic Signals-King St/St.George Street, Bowmanville 7,904 7,446 458 Municipal Capital Works
Traffic Signals-Longworth&Scugog Streets, Bowmanville 82,492 82,492 -
Walkway construction-Foxhunt Walkway,Courtice 533 485 48 Municipal Capital Works
Sidewalk construction-Green Road,Bowmanville 57,452 57,452
Sidewalk construction-Hwy#2,Bowmanville 71,782 69,449 2,333 Municipal Capital Works
Sidewalk construction-Regional Road#57,Bowmanville 33,638 33,638 -
2,958,961 2,420,760 538,201
TOTAL CAPITAL EXPENDITURES 5,313,668 4,406,201 907,467
SUMMARY OF FINANCING: 237,184 D/C-Fire Protection Services R/F
1,167,247 D/C-Park Dev.&Related Facilities R/F
581,012 D/C-Operations RIF
2,420,760 D/C-Roads and Related RIF
141,627 Municipal Capital Works RIF
203,667 Public Works 8 Parks Capital R/F
44,459 Impact/Escrow R/F
95,686 Roads Contribution R/F
(190)Rate Stabilization RIF
2,829 C/S Capital R/F
104,469 Tax Levy
52,950 Region contribution
216,781 Developer contribution
44,990 Outside contribution
TOTAL FINANCING 5,313,668 4,406,201 907,467
Page 2 of 2
1306
• n
Lead�ngthe way REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY JUNE 18, 2007 Resolution #:
Report #: FND-013-07 File #: By-law #:
Subject: 2007 /2008 INSURANCE PROGRAM
Recommendations:
It is respectfully the General Purpose and Administrative Committee recommend to
Council the following:
1. THAT Report FND-013-07 be received; and
2. THAT the general insurance placement, in conjunction with the other member
municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan
Company for an integrated pooling arrangement that includes integrated
insurance coverages and common self retention deductible levels for the period
July 1, 2007 to June 30, 2008 at an approximate cost to Clarington of$644,900
be approved.
,9
Submitted by: Reviewed b .
IN ancy ylor, . .A., C.A., Franklin Wu,
Director of Fin nce/Treasurer Chief Administrative Officer.
NT/na
1307
REPORT NO.: FND-013-07 PAGE 2
BACKGROUND AND INFORMATION:
1.0 The purpose of this report is to provide Council with an update with respect to
insurance coverage for the period July 1, 2007 to June 30, 2008. The
Municipality of Clarington is a member of the Durham Municipal Insurance Pool.
Insurance has been a difficult issue over the past several years due to world
events and a 'hard' insurance market. Very few insurers are interested in
municipal liability coverage due to a generally poor loss experience and an
increase in frequency and severity of claims.
1.1 The Board of Directors of the Durham Municipal Insurance Pool (of which
Clarington sits as Chair), is recommending a placement with the Frank Cowan
Company for an integrated pooling arrangement. The main features of the
proposal include:
i) Retention of Clarington's local insurance deductibles of$25,000 for most
of the lines of coverage; and
ii) Sharing the cost of claims by the Pool members from the local deductible
level to $500,000 per claim.
1.2 INSURANCE COVERAGE FOR THE DURHAM MUNICIPAL INSURANCE
POOL
i) In July 2000, the Durham Municipal Insurance Pool was launched with the
participation of the Towns of Ajax and Whitby, the Municipality of Clarington
and the Townships of Brock, Scugog and Uxbridge and the Region of
Durham. The Pool was formed to protect the participating municipalities from
increasing insurance premium costs by structuring an alternative risk-
financing program with a higher collective deductible and collectively self-
insuring claims within the deductible.
ii) Staff is pleased to report that the Durham Municipal Insurance Pool continues
to fulfill the expectations with regard to the operational and financial benefits
projected at its inception.
iii) As a result, the Durham Municipal Insurance Pool has positioned itself to
minimize the annual increases in insurance premium paid to insurance
companies related to property, casualty and liability coverage. For the July
1, 2007 to June 30, 2008 renewal period, insurance premiums to be paid
to the Durham Municipal Insurance Pool's insurer will remain consistent
with the prior year.
iv) This stability over last year will allow the member municipalities of the DMIP
to set aside additional funds that have been provided in their respective 2007
Business Plans and Budgets to further protect the municipalities from the cost
of insurance claims in the future. The DMIP members have agreed to
1308
REPORT NO.: FND-013-07 PAGE 3
increase the municipal contributions to the Insurance Pool by 5% for
2007/2008 in order to set aside additional funds to finance potential self
insured claims in the future.
v) Coverage purchased from the insurer for DMIP is in accordance with expiring
terms and conditions.
vi) As a result of eliminating the aggregate protection in 2006/2007 (ie. a cap on
the total amount of all claims paid within the Pool's deductible of$500,000),
there is a possibility that the Pool could potentially have to draw from
additional funds set aside to pay claims.
vii)The actuarial analysis undertaken for the DMIP by KPMG indicates that the
additional funding set by the Board in the future, exceeds the future expected
claims losses forecasted by the actuaries based on historical claims
experience for self insured claims within the Pool's deductible limit.
viii)The two main strategic issues for setting aside additional funding are:
1) Stability and Financial Strength of the Pool — allows the Pool to consider
the best risk financing options available in the future and reduces the
possibility of future additional contributions.
2) Future Premium Fluctuations — allows the Municipalities to strategically
manage potential future insurance market price fluctuations.
ix) Should the claims not materialize in the future as a result of proactive risk
management practices, the additional funds that have been set aside may be
returned to the Durham Municipal Insurance Pool members some time in the
future in the form of repatriated surpluses. DMIP currently holds a surplus of
$0.6 million.
x) Actuarial analysis indicates that the additional funds set aside should be
sufficient to cover the losses within the Pool's deductible. The actuarial
recommends that this confidence level should range between 75% to 90%
based on conservative assumptions. DMIP have funded conservatively to the
recommended confidence levels.
A) Consequently, it is recommended that Clarington proceed to renew its
integrated risk program, in conjunction with the other member municipalities,
with the Frank Cowan Company for the period July 1 , 2007 to June 30, 2008.
1.3 For Clarington, the 2007/2008 contribution is estimated at $644,900. This
represents the 5% increase over last years' pool contribution of$614,191 and
reflects an annual insurance cost of approximately $630,000.
1309
REPORT NO.: FND-013-07 PAGE 4
1.4 The 2007 budget for insurance is $600,000 for premiums as well as adjusters
costs and payment of claims below the local deductible. As a result, the budget
for insurance (as mentioned in budget deliberations) will require further
adjustment in the 2008 budget process. For 2007, any shortfall will be funded
through the self-insured losses reserve as required.
CONCLUSION:
2.0 For the 2007/2008 year the Durham Municipal Insurance Pool has been
successful in obtaining a reasonable insurance placement with an overall impact
that is extremely modest. Participation in the Durham Municipal Insurance Pool
has provided a successful mechanism both to control insurance costs as well as
promote risk management practices to reduce claims and protect against
lawsuits. It was therefore recommended that Clarington proceed with the
insurance placement in conjunction with the Durham Municipal Insurance Pool
with the Frank Cowan Company.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1310
•
Leaatng the way REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: JUNE 18, 2007 Resolution #:
Report #: FND-014-07 File #: By-law #:
Subject: DEVELOPMENT CHARGES BY-LAW AMENDMENT:
MAJOR OFFICE BUILDINGS IN ENERGY AND SCIENCE PARKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-014-07 be received;
2. THAT based on a review of S10(2) of the Development Charges Act, there is no
need to alter or amend the Development Charges Background Study, May 2005,
prepared by Hemson Consulting Ltd.;
3. THAT the exemption provided for in the amendment to the By-Law is proposed to
be effective on September 10, 2007;
4. THAT a public meeting be held on September 4, 2007 in accordance with
Section 19 of the Development Charges Act;
Submitted by: Reviewed Y
Nancy Tay 11,6, B.B. .A., Franklin Wu,
Director of Finance /Treasurer Chief Administrative Officer
NT/na
1311
REPORT NO.: FND-014-07 PAGE 2
BACKGROUND:
1.0 On June 27, 2005, Council adopted the existing development charges with the
approval of Report FND-007-05 and the accompanying By-Law 2005-108. This
By-Law, by statute expires after five years or June 30, 2010.
DEVELOPMENT CHARGE BY-LAW AMENDMENT PROCESS:
2.0 The DCA, 1997, allows a municipality to amend an existing development charges
by-law. Section 19 of the Act sets out the requirements related to this procedure:
19. (1) Sections 10 to 18 apply, with necessary modifications, to an amendment
to a development charges by-law other than an amendment by, or pursuant to
an order of, the Ontario Municipal Board.
19. (2) In an appeal of an amendment to a development charges by-law, the
Ontario Municipal Board may exercise its powers only in relation to the
amendment.
2.1 To amend a development charges by-law a municipality must go
through the same public process associated with enacting a development
charges by-law. It needs to complete a background study outlining the purpose
of the amendment and the rationale for the amendment. This document serves
as the background study required under s.10 of the Act.
2.2 A municipality also has to hold a public meeting on the amendment, having
provided three weeks notice of the meeting, and has to have made the
background study and proposed by-law amendment available two-weeks prior to
the meeting. The public meeting is proposed for Sept 4, 2007 and will be
advertised commencing August 13, 2007. The applicable documents will be
available at the Clerk's Department commencing August 7, 2007.
2.3 Section 19(2) of the DCA is important because it allows for an amendment to an
existing by-law to be passed without exposing the unaltered portions of the by-
law to appeal. When amending a development charge by-law only the section(s)
of the by-law amended or added is subject to appeal and consideration by the
OMB.
BACKGROUND STUDY REQUIREMENTS:
3.0 The by-law currently provides for a 50% refund for industrial buildings that are
LEED certified. Given the intent of the Energy Business Park Plan and the
Science and Technology Park to attract an array of prestige employment, there
are instances where some uses will not fall within the definition of"industrial" as
1312
REPORT NO.: FND-014-07 PAGE 3
currently provided for in the Development Charges By-law. The proposed
amendment to provide a 50% refund for major office buildings that are LEED
certified within the Clarington Energy Park as identified in Schedule 6(a) and the
Clarington Science and Technology Park as identified in Schedule 6(b) to By-law
2005-108 will not result in any individual developer or land owner in the
Municipality paying a higher development charge after the by-law is amended.
The exemption will result in some lost development charges revenues that the
Municipality will need to offset from other revenue sources if any growth related
capital costs are required as a result of the exemption being provided.
3.1 Section 10(1) of the DCA, 1997, sets out the requirement for a municipality to
complete a development charge background study prior to the passage of a
development charge by-law or amendment. Subsection 10(2) identifies what is to
be included in the development charge background study. These legislative
requirements are summarized as follows:
s.10(2)(a) - estimate the amount, type and location of development
to which the development charge [amendment] is to apply;
s.10(2)(b) - establish the eligible growth-related costs and services (as
determine under paragraphs 2 to 8 of subsection 5(1) of the DCA, 1997) to
which the development charge by-law [amendment] would relate;
s.10(2)(c) - examine, for each service to which the development
charge by-law [amendment] relates, the long term capital and operating costs for
the capital infrastructure required.
3.2 The amendment proposed is not altering the `amount, type and location of
development' or growth-related capital costs that form the basis of the charge
determined in the 2005 Background Study so s.10(2)(a),(b) and (c) are not
relevant. The proposed amendment therefore does not require an amendment to
the Development Charges Background Study, May 2005 and this document
serves as the background study required under Section 10 of the Act.
PROPOSED AMENDMENT:
4.0 In order to provide for a 50% refund for major office buildings in lands identified
as the Clarington Energy Park and the Clarington Science and Technology Park,
the Development Charges By-law 2005-108 must be amended in two areas. The
definitions in Section 1(1) must be expanded and an additional subsection must
be added to Section 23, Rules Respecting Refunds. The intent of including a
minimum floor area is to encourage larger building that can provide for the scale
of development desired for this area. It is not dissimilar to the exemption provided
for larger hotels.
1313
REPORT NO.: FND-014-07 PAGE 4
4.1 It is proposed that Major Office Building be defined as "a building containing
business, administrative, and/or professional offices and associated ancillary
services containing a minimum of 5,000 square metres of gross floor area."
4.2 Section 23(4) reads as follows: An amount equal to fifty percent of the applicable
development charge paid at the time the building permit was issued for industrial
development in the Municipality which is certified and registered with the Green
Building Council of Canada as meeting the LEED Canada-NC 1.0 Rating System
(or its successor). It is proposed that section 23(4) be amended as follows: after
the "was issued for," insert "major office buildings on lands identified in Schedule
6A and Schedule 6B and".
RECOMMENDATIONS:
5.0 Based on a review of the applicable legislation, it is recommended that an
amendment to the Background Study, May 2005 is not required. It is
recommended that the appropriate By-Law be recommended to Council for
enactment after comments received at the September 4, 2007 public meeting.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
1314
cmr.pn
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 18, 2007
KesolL-AiitJn 1=FGPA-4-<od-07
By-law #:
Report #: CAO-10-07 File:
Subject:
STRATEGIC BUSINESS PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-10-07 be received;
2. THAT the 2007-2010 Strategic Business Plan be adopted;
3. THAT the list of action associated with each of the Business Objective be endorsed in
principle;
4. THAT staff proceed to implement the list of action and to provide a status report to
Council semi-annually; and
5. THAT the Strategic Business Plan be posted on the municipal web site for the
information of the general public.
Submitted bYO ~ --=- ~
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
REPORT NO.: CAO-10-07
PAGE 2
1. BACKGROUND:
Consistent with our past practice with every new council, the CAO has initiated a
strategic business planning session with the new council and senior
management staff shortly after the new council was elected. The purpose of
preparing a Strategic Business Plan is to ensure the Municipality has the
necessary road map to guide its business actions for the next four years.
2. THE PROCESS:
Council members and senior management staff met on three separate
workshops to develop the key elements of the Plan which includes articulating a
vision, a mission statement, identifying major business focus and objectives, and
developing strategies and actions. Embedded in the process are two critical
analyses of ascertaining our stakeholders as well as understanding our
strengths, weaknesses, opportunities and threats (SWOT). The final piece of the
process includes various implementation strategies to ensure the business
actions as identified will be carried out.
3. THE PLAN:
The business planning cycle of the Strategic Business Plan is intended to
coincide with the term of current council and hence it has a defined time frame
inclusive of the years 2007-2010. Once adopted by Council, it will be made
available to the public as well as posted on the municipal web site. Public
comments and feedbacks are welcomed as the Plan is always a "work-in-
progress" and is subject to amendments from time to time as council may deem
necessary in order to meet the changing needs of our community. Staff will be
updating Council on a semi-annual basis with respect to the progress of our
implementation effort on the various action items in the Plan.
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TABLE OF CONTENTS
Message from Mayor Jim Abernethy .....................................................................2
I n trod u ct ion ............................................................................... ....... ............. ................. 3
Ou r Vi s io n ......................................................................................................................... 4
Miss io n S tatem ent ........................................................................................................ 4
Key Bus i n ess Foc us ........... ...................................................................................._..._6
Business Objective, Strategies and Actions ...................................................7-14
Implementation Strategies ......................................................................................15
Corporate Strategic Business Plan
2
MESSAGE FROM MAYOR JIM ABERNETHY
NEW TIMES, NEW IDEAS
Clarington is among the fastest growing communities in the Greater
Toronto Area. Our challenge is to grow at a rate and in a manner that
preserves our heritage, enhances our quality of life and allows us to
prosper.
As your new Mayor, I directed Council and staff to develop a Corporate Strategic Business Plan
to help set a course of action for the next four years.
The Corporate Strategic Business Plan brings together the experience and skill of our staff
and the energy and will of Council to develop a blueprint for tomorrow.
Finally, with input from the people of C1arington using this document as a guide, together we
can create a framework to build a prosperous and sustainable community.
3
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Corporate Strategic Business Plan
\_--,,11
INTRODUCTION
The pace of change in communities continues to accelerate. Municipal government needs
every possible insight into what is happening, why it's happening, and what needs to be done.
A well thought-out strategic business plan provides the road map for meeting future
challenges and ensuring our commitment of economic stability and high quality of life.
The Strategic Business Plan complements the other three important planning and policy
tools of Council: the Clarington Official Plan; the annual operating budget; and the multiyear
capital plan. Collectively, these governance tools represent the corner stones of all municipal
government decisions.
Corporate Strategic Business Plan
4
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OUR VISION
CLARINGTON: YOUR CHOICE FOR A CARING
AND VIBRANT COMMUNITY
The Vision clearly expresses our desire of what
C1arington will be for years to come and gives
purpose and meaning for the Municipality.
The Vision reflects on our history and culture and is
not bound by time. Clarington is not just one single
community; we are made up of small and
beautiful hamlets, productive farms, and urban
areas. This rich
variety in
geography and
community
diversity
underpins our
desire for a
caring and
vibrant
community.
MISSION STATEMENT
TO PROVIDE ESSENTIAL INFRASTRUCTURE
AND QflAUTYSERVICES TO OUR COMMUNITY
STAKIHOLDERS THROUGH LEADERSHIp,
ACCOUNTABlLITYANDRESPECT.
OUf purpose of being a local government is clearly
artiq.tlated in this mission statement. Essential
infrastructure is the hard services such as roads,
parks, recreational fadlities which our residents
expect and depend Ofl to enjoy a high quality of life.
Quality services are the utmost customer care to
be provided in accompanying the provision of
infus$tructure and services. .
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In order to meet the elq)ectations of our
stakeholders, it is that infrastJ'U(ture and
services are delive , ., rough the leadel'$hip,
accountability aJld respect. The Mission StaWment
is our promise to our stakeholders. The strategic
direCtiOft and busineSS focus detailed in this Plan
will elaborate on how Clarington will transform our
promises to reality.
5
Corporate Strategic Business Plan
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KEY BUSINESS FOCUS
The business focuses of the Municipality are prioritized as follows:
A ECONOMIC DEVELOPMENT
B COMMUNITY PLANNING AND IMPROVEMENT
C CITIZEN ENGAGEMENT
D GROWTH MANAGEMENT AND TRANSPORTATION
E INFRASTRUaURE AND ASSETS MANAGEMENT
F RECREATION OPPORTUNITIES
7
Corporate Strategic Business Plan
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A. ECONOMIC DEVELOPMENT
il'!
OBJECTIVE 1 - TO FACILITATE THE ENERGY/SCIENCE PARKS
PROJECT
Strategies & Actions
I.J Develop a schedule, an implementation servicing
scheme, and an alternative funding scenario
o Enhance University of Ontario Institute ofTechnology
Partnership
o Work with the Region to speed-up site servicing
Ll Seek partnerships with senior level of governments
o Assist current landowners to facilitate energy project
implementation
I.J Request Provincial Government to allow for tax
increment financing incentives and other incentives
I.J Prepare a marketing package targeting energy/science
and technology companies
Corporate Strategic Business Plan
OBJECTIVE 2 - TO PROMOTE AND ATTRACT ALTERNATIVE
ENERGY TECHNOLOGIES
Strategies & Actions
U Explore the cost, risk and benefits to our community
regarding energy from waste technology
o Give high priority to development applications that
support alternative energy technologies
o Establish a network of alternative energy businesses
OBJECTIVE 3 - TO SUPPORT PHYSICIAN RECRUITMENT
Strategies & Actions
o Continue financial commitment in recruiting family
physicians through annual budgeting
o Lobby provincial and
federal governments
to increase admissions
to medical school and
regarding Canada
certification of
immigrant doctors
respectively
(,
)
8
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OBJECTIVE 4 - TO ATTRACT NEW BUSINESS
Strategies & Actions
o Continue partnership with C1arington Board ofTrade
with emphasis on attracting new businesses
l.J Assist OPG to bring New Build to C1arington
U Give priority to energy and science businesses by fast
tracking development applications
o Assist BIAs in small business
creation/attraction
o Explore feasibility of development
charges exemption for green
buildings, and for projects in the
energy/science parks
o Assist in the promotion of a "shop local" program
OBJECTIVE 5 - TO SUPPORT AGRICULTURAL INITIATIVES
Strategies & Actions
U Provide policy changes in the Official Plan to protect
farmer's right to farm
o Support current and future agricultural initiatives and
projects such as the farmer's market
U Investigate best practices to alleviate
urban/agricultural conflicts and incompatibilities
U Explore the feasibility of incentives for agri-businesses
U Assist farmers who diversify their agri-business
o Encourage school boards to increase awareness of the
farming industry
OBJECTIVE 6 - TO MARKET THE CLARINGTON BRAND
Strategies & Actions
o Develop a marketing plan to promote Clarington
brand focusing on our vision. Possible themes include
"The Urban Agricultural Gem';"Leading Edge of the
GTA" or "Energizing Ontario"
o Continue partnership with Tourist operators to
promote our local tourist destinations
l.J Ensure all promotional and communication materials
from all departments carry the Clarington Brand
C[;g,iJlglon
9
Corporate Strategic Business Plan
~
B. COMMUNITY PLANNING AND IMPROVEMENT
OBJECTIVE 1 - TO DEVELOP A PLAN FOR COURTlCE CORRIDOR
Strategies & Actions
U Create a focal point of development
o Develop a trail system along Barber's Creek
o Update Courtice Corridor Study
o Engage stakeholders in plan development
o Assist local businesses to create a business
improvement area
OBJECTIVE 2 - TO MAINTAIN VIBRANT COMMERCIAL CORES
Strategies & Actions
o Continue support for all Business Improvement Areas
o Plan streetscape improvements
o Explore opportunities in the Regional Community
Improvement Plans for infrastructure improvements
o Encourage consistent business operating hours
o Encourage development of downtown civic precincts
for Bowmanville, Courtice, Newcastle, Orono as a long
term goal
Corporate Strategic Business Plan
OBJECTIVE 3 - TO BEAUTIFY CLARINGTON
Strategies & Actions
U Undertake landscape improvement at gateway
locations
o Proactive enforcement of property standards
o Implement Banner Program at various communities
with emphasis along Courtice Highway 2 corridor
o Eliminate reverse frontages in new developments
o Revisit sign by-law to address sign pollution
OBJECTIVE 4 - TO ENHANCE AND REINFORCE CLARINGTON
AS A PEOPLE FRIENDLY COMMUNITY
Strategies & Actions
o Promote walking and biking links to services and
amenities
o Encourage street front buildings
o Implement accessibility features for people with
disabilities
o Lobby Region to re-introduce community policing
10
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C. CITIZEN ENGAGEMENT
OBJECTIVE 1 - TO STRENGTHEN CUSTOMER SERVICE
Strategies & Actions
o Enhance existing Customer Service Program including
staff training
o Implement a Customer Care
Management System
o Expand hours of By-law
Enforcement
o Conduct public information
sessions for small developers
o Follow-up customer
feedback cards
o Explore other initiatives such
as maximizing web site as a communication tool
OBJECTIVE 2 - TO ENCOURAGE PUBLIC PARTICIPATION AND
COMMUNICATION
Strategies & Actions
o Improve media relations
[.J Investigate most cost effective way to deliver
information to all citizens
o Expand e-government services such as making
documents available on the website, easy identification
of staff and phone numbers for emergency calls
o Utilize tax inserts to update citizens on time sensitive
or important matters
o Review the information we are communicating to
ensure consistent message and branding
o Ward Councillors to conduct town hall meetings with
assistance from staff
OBJECTIVE 3 - TO SUPPORT AND EXPAND VOLUNTEERISM
Strategies & Actions
o Enhance existing Volunteer Recognition Program
o Provide support and training such as management,
fund raising, marketing to volunteer organizations
U Develop a program to promote volunteerism including
the development of a Volunteer Directory
o Use existing community events to recognize volunteers
11
Corporate Strategic Business Plan
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D. GROWTH MANAGEMENT AND TRANSPORTATION
OBJECTIVE 1 - TO ENSURE BALANCED GROWTH
Strategies & Actions
I:] Initiate Official Plan Review with the emphasis on
managing rapid residential growth and educating the
public
!.J Implement Places to Grow with emphasis on
intensification
I:] Protect the Greenbelt
and the Oak Ridges
Moraines
o Maintain urban
separators between
urban communities
U Encourage builders to build high density development
o Educate existing builders to adapt to the character of
the community
!.J Prioritize residential growth areas through the develop-
ment of a phasing plan
o Require Market Studies to support a plan of subdivision
Corporate Strategic Business Plan
OBJECTIVE 2 - TO DEVELOP A GREEN COMMUNITY STRATEGY
Strategies & Actions
l.J Establish Community Advisory Committee including
partnership with local businesses through the Board of
Trade
o Develop a Municipal Green Plan
I:] Retrofit Municipal facilities for energy conservation
U Liaise with Veridian on energy saving partnership
program
o Maximize senior government funding opportunities
o Explore green building initiatives such as LEED
certification
OBJECTIVE 3 - TO IMPROVE
AND EXPAND ALL MODES OF
TRANSPORTATION
Strategies & Actions
l.J Lobby for both GO and VIA Rail stations in Bowmanville
o Investigate the feasibility of"bikeways"
o Connect trails and walkways
12
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E. INFRASTRUCTURE AND ASSET MANAGEMENT
OBJECTIVE 1 - TO DEVELOP A LONG TERM ASSET
MANAGEMENT PROGRAM
Strategies & Actions
U Hire appropriate staff to ensure compliance with
Provincial legislation in asset accounting
o Inventory all capital assets electronically
U Update Development
Charge Study
o Establish a life cycle cost
for each asset
o Develop a financial
strategy including decommissioning cost
o Acquire the necessary software
OBJECTIVE 2 - TO ENHANCE INFRASTRUCTURE AND ROAD
NETWORK
Strategies & Actions
o Provide steady capital funds in Annual Budget
o Prepare a long term 5-10 years Capital Plan
o Monitor condition of road network and implement
preventative maintenance works
o Review best practices
i:J Upgrade rural roads
o Lobby senior government to enshrine Gas Tax funding
by Legislation
OBJECTIVE 3 - TO UPGRADE EMERGENCY OPERATION CENTRE
Strategies & Actions
o Review existing operation to identify deficiencies/
opportunities
o Develop a budget strategy to fund this project
o Expand envelope of provincial emergency funding
through lobby efforts - priority of being nuclear site
o Lobby Federal
and Provincial
governments
through Nuclear
Host Communities
Association for
financial support
for a new
Emergency Operation Centre
13
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Corporate Strategic Business Plan
LJI
F. RECREATION OPPORTUNITIES
OBJECTIVES 7 - TO ENHANCE PASSIVE AND ACTIVE
RECREATION ACTIVITIES
Strategies & Actions
o Complete expropriation of waterfront park properties
r:l Enhance youth/adult/older adult programming
U Explore public/private partnership opportunities
o Give priority to volleyball court projects
II Continue development of community parks
OBJECTIVE 2 - TO ENCOURAGE COMMUNITY EVENTS
Strategies & Actions
o Acquire a "mobile" portable stage
o Assist local groups in marketing
o Assist the Community in organizing cultural events
Corporate Strategic Business Plan
OBJECTIVE 3 - TO ENHANCE AND CONTINUE THE
DEVELOPMENT OF OUR CULTURAL PROGRAMS
Strategies & Actions
o Promote events on municipal website
li Provide event boards at entrances/gateways to
communities
14
-+::::ao
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IMPLEMENTATION STRATEGIES
The Strategic Business Plan is more than a structured and co-ordinated approach for articulating our
municipal vision, a mission statement, business focus, objectives, strategies and actions. It is a genuine effort
to address the needs ofthe community. Our strategies to ensure the successful implementation ofthe
Strategic Business Plan include:
1. Each department shall prepare a departmental business plan to define, augment and
implement those actions identified in this Corporate plan.
2. We will move slowly and cautiously.
3. Ensure all actions are feasible from the perspective of
available staff and financial resources.
4. Review every six (6) months and amend if necessary,
to ensure this Plan remains current and to reflect the
changing need of our community stakeholders.
5. Ensure each and every decision aligns with the business
focus and objectives of this Plan.
6. Post the Strategic Business Plan on the municipal
web site to allow continuous feedback from the public.
15
Corporate Strategic Business Plan
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clarjn2ton
Leading the Way REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 18, 2007
Report#: CAO-11-07 File: By-law #:
Subject: LOBBYIST REGISTRY SYSTEM
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-11-07 be received;
2. THAT the presentation "An Overview of the Lobbyist Registry System" by the
CAO be received;
3. THAT Council not proceed with the introduction of a Lobbyist Registry System at
this time until such time Members of Council have the opportunity to examine all
the pros and cons of implementing such a system and until such time the
Municipality acquires best practices knowledge and experience from similar size
municipalities;
4. THAT the Chief Administrative Officer be directed to bring forth the necessary
amendments to the existing Code of Ethics to ensure all Members of Council and
staff are governed by clear and enforceable policies.
Submitted by:
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5717
1419
REPORT NO.: CAO-11-07 PAGE 2
1.0 BACKGROUND
At its meeting held on April 16, 2007, Council directed the CAO, through
consultation with the Municipal Clerk and Solicitor, to develop a Lobbyist Registry
System and review and revise the Municipality's current Code of Ethics, and
report back to Council.
2.0 COMMENTS
2.1 Over the past few weeks, the CAO has researched the subject matter and
concluded that the Lobbyist Registry System (LRS) is a fairly complex matter
involving many policy issues that Council's direction are necessary before the
CAO can proceed any further. Suffice it to say, prior to making any decision on
any policy issues contained in the Lobbyist Registry System, it is imperative that
Council members understand the ramifications of, as well as the pros and cons
of, the LRS. To ensure Council understanding of the many variables of the LRS,
the CAO will be making a presentation at the GPA meeting.
2.2 With respect to the Code of Ethics, the CAO is working with the solicitor with a
view to strengthen current policies with particular focus on enforcement. The
CAO will be reporting back on this matter as soon as the review is completed.
1420
HANDOUTS / CIRCULATIONS
FOR GP&A
RR
Chronology of the Use and Testing of Atlantic Packaging Paper Fibre
Biosolids and Sound-Sorb in the Region of Durham
Background and Historical Information
-Atlantic Packaging operates paper recycling plants in Scarborough and Whitby.
-The paper for recycling is sourced primarily from the US, the balance locally.
-Approximately 700 tonnes wet weight of paper mill sludge(waste)are generated daily.
- Paper sludge has been shown to contain a-coli, fecal coliform. Contaminants of potential concern
include total petroleum hydrocarbons, PAHs, lead.Acrylamide polymer (a known animal carcinogen),
benzo[a]pyrene,MEK and phenol.
- Ministry of the Environment (MOE) reasoned in 1999 that the paper sludge was municipal waste as
defined in the Waste Management Regulation,despite its being produced by an industrial process.
1991-2000
-Spreading of paper sludge called Paper Fibre Biosolids(PFBs)on Agricultural land.
- MOE issued a provisional Certificate of Approval (CofA) for Durham Region with conditions for soil
testing,groundwater monitoring,application rates,site restrictions,etc.
-Between 1994 and 1998 a discredited laboratory was used for testing.
- Late 1990's public pressure on MOE to stop spreading on agricultural land and MOE study showing no
benefit results in CofA not being renewed in 2001.
1999
-Sound-Sorb trademarked—a mixture of PFBs(70%u)and soil used to construct berms at gun clubs.
-As a'product'Sound-Sorb is exempt from Ontario's waste management regulations.
-'product'never tested for long range of contaminants,no long term testing on effects to groundwater
2000
- MOE tests PFBs stored in Clarington pit. Release flawed report claiming no exceedences. MOE later
admits to errors and reissues report outlining exceedences found.
-MNR orders PFBs to be removed from pit
2001
-Association of Public Health Agencies passes motion supporting tighter regulation of PFB disposal.
- Region of Durham tests at Oshawa Skeet and Gun Club (OSGC)Sound-Sorb berm finds exceedences in
surface water.
2002
- MOE installed test wells at OSGC, Harmony Road Leaf and Yard Waste Compost Facility and the
aggregate pit in Clarington.
-Bioaerosol Study Committee established,Clarington represented
2003
- Results from Aylmer Sound-Sorb berm released showing TPH exceedences 13 X contaminated site
guidelines in fresh paper sludge.
- MOE awards contract for a Site Specific Risk Assessment of the OSGC Sound-Sorb berm to examine
high levels of total petroleum hydrocarbons,bacteria,and acrylamide Monomer.
- Groundwater results released. Benzo(b)fluoranthene, benzo(k)fluoranthene and benzo(a)pyrene in
excess of health-based criteria.
-PTR sends in EBR Application to review policy
2005
- Panel of independent Scientific Experts established by MOE with a mandate to study the Sound-Sorb
issue and make recommendations. The report was released on January 31,2005.
2006-2007
- No action taken on Experts Panel recommendations despite Health, Conservation, Agricultural
association, trade union and Municipal resolutions urging action.
-No further groundwater test results released(although MOE reports tests have been performed).
-Site Specific Risk Assessment study(on OSGC Sound-Sorb berm) completed,but not released.
- In Pelham, numerous samples of contaminated run-off have been taken by MOE, which their surface
water experts believe could cause off-site impacts and adversely effect the aquatic environment.
- The Expert Panel on Water Well Sustainability in Ontario stated that land based disposal of products
with no benefit to the land should be prohibited
1U117
Perspectives on the Issue
The Scientific Experts Panel on Sound-Sorb The panel released its report on January 31, 2005.Among
its conclusions were the following:
Paper fibre biosolids are a waste. Their bulk use in the environment even after composting requires
regulatory control. Paper fibre biosolids should be controlled by Certificates of Approval or legal
instruments that provide equal or better protection for human health and the environment at all stages
from its generation, through transport, composting and final use in the construction of berms.The use
of paper fibre biosolid material mixed with mineral soil should also be subject to MOE control with
respect to its preparation and use in the environment by a Certificate of Approval or legal instrument
that provides equal or better protection for human health and the environment.
The Environmental Commissioner of Ontario says: '"The ECO review indicates that the MOE has
mishandled the Sound-Sorb issue repeatedly since 1999 when questions first arose about the status of this
material. The ministry's first, and probably most significant error was to exempt Sound-Sorb from the
Regulation 347 of the Environmental Protection Act,deciding to class it as a product rather than a waste.
In June 2006 the Environment Commissioner went on to say that the provincial government has
repeatedly ignored his calls to regulate Sound-Sorb. "This is an issue I've talked about for five or six
years. It's a mystery to me why the (Environment) ministry doesn't regulate (Sound-Sorb) as it does
other industrial wastes."
The Association of Local Public Health Associations passed a resolution"urging the Ministry to remove
this exemption, which is contradictory and unsound, and immediately subject the land application of
Sound-Sorb to the proper approval processes and environmental controls under Ontario Regulation 347".
In February of 2006,they passed a more recent and specific resolution urging the Government of Ontario
to amend the Environmental Protection Act (EPA) such that the spreading and storage of all biosolids,
including paper fibre biosolids,requires a certificate of approval issued by a Director.
Conservation Ontario (the association of Ontario conservation authorities) passed a resolution urging
"the provincial government to take immediate action on all of the recommendations of the Experts Panel
on this substance, especially with regard to hydrogeological assessments of existing berms
(recommendation #3) and the need for control measures in the generation, transportation, composting
and use of PFB(recommendation#6).
The Ontario Federation of Agriculture takes the position '"That the Ontario Federation of Agriculture
urge the Government of Ontario to keep waste products destined for further processing and or blending
under the regulatory umbrella of the Ministry of the Environment throughout the transportation,
processing/blending process and that the final application to farmland occurs with a Certificate of
Approval(CofA)and under the provisions of the Nutrient Management Act(NMA)."
The Sierra Legal Foundation submitted a position that "the risks associated with the application of
Sound-Sorb are greater than the net benefit derived from diversion of paper fibre waste from waste
management facilities. It is for this reason that it is recommended that MOE accept the Experts Panel
recommendations and further:
1. Revoke the MOE's present exemption for Sound-Sorb under the Waste Management Regulation;
2. Set clear standards within which the application of Sound-Sorb will be permitted in future;
3. Set testing and management protocols for existing berms so as to protect the natural environment and
human health;and
4. Utilize a precautionary approach to the management of risks associated with Sound-Sorb so as to
maximize protections for the natural environment and human health"
Durham MPP John O'Toole has called on the provincial government to take action concerning the
control of paper fibre biosolids following the recommendations of the provincial experts' panel. He
introduced a Private Member's Bill (Bill 24) to require that a certificate of approval from the Ministry of
the Environment be obtained before spreading or storing sewage sludge, other biosolids and products
derived from them.
The Region of Durham, on the recommendation of the health department, endorsed the OFA resolution
in the spring of 2006.
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