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Home My WebLink About01/21/2008 qgwn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: January 21, 2008 9:30 A.M. COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of January 7,2008 401 5. PRESENTATIONS (a) Tom Barrie, Agricultural Advisory Committee of Clarington Regarding Annual Committee Update (b) Mirka Januszkiewicz, Director of Waste Management Services, Regarding 2008 Waste Initiatives and Services for Municipality of Clarington (c) Peter Watson, Manager of Waste Management, Durham Region, Regarding History of Waste Processing in Durham 6. DELEGATIONS (List as of time of Publication) 601 (a) Markus Lise, Regarding Request for Financial Assistance for Ending the Circle of Proverty (b) John Stephenson, Regarding Planning for the Future 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By-Law 84-63 Applicant: Shell Candada Limited Report: PSD-007-08 701 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - January 21,2008 8. PLANNING SERVICES DEPARTMENT (a) PSD-007-08 Proposed Rezoning Application 801 Applicant: Shell Canada Limited (b) PSD-008-08 Monitoring of the Decisions of the Committee of 809 Adjustment for the Meeting of December 6 and December 20, 2007 (c) PSD-009-08 Application for Removal of Part Lot Control 813 Applicant: Aspen Springs West Limited Aspen Springs Phase II (40M-2214) and Phase III (40M-2240) (d) PSD-010-08 Correspondence D-7 Brockton Resolution on Funding of 820 Conservation Authorities 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-003-08 Monthly Report on Building Permit Activity for December, 901 2007 (b) EGD-004-08 Municipal Access Agreements Between The Corporation 907 of The Municipality of Clarington and Rogers Cable Communications Inc. and The Corporation of The Municipality of Clarington and Bell Canada (c) EGD-005-08 Intersection of Rosswell Drive and Southfield Avenue 969 Courtice, Requested All-Way Stop (d) EGD-006-08 Proposal to Close and Convey a Portion ofTwo Separate 974 Unopen Road Allowances Situated in Lot 18, Concession 5, Former Township of Darlington (e) EGD-007-08 Aspen Springs West Subdivision Phase 1, Plan 40M-2185, 979 Bowmanville, "Certificate of Acceptance" and "Assumption By-Laws", Final Works Including Roads And Other Related Works 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-002-08 Monthly Response Report - December 2007 1101 G.P. & A. Agenda - 3 - January 21, 2008 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-001-08 Request for Amendments to the Property Standards 1301 By-Law (b) CLD-002-08 Animal Services Quarterly Report - October to December 1309 2007 (c) Confidential Verbal Report from the Municipal Clerk and Solicitor, Regarding a Legal Matter 14. CORPORATE SERVICES DEPARTMENT (a) COD-002-08 Theatre Dance Academy - Lease Extension 1401 Courtice Community Complex (b) COD-003-08 Hampton Valley Lands, Amending Lease Agreement 1404 15. FINANCE DEPARTMENT (a) FND-002-08 EFW - Peer Review & Economic Studies Costs to Date 1501 16. CHIEF ADMINISTRATIVE OFFICE (a) Confidential Report CAO-002-08 Regarding Labour Relations (To be distributed under Separate Cover) (b) Confidential Report CAO-003-08 Regarding Labour Relations (To be distributed under Separate Cover) 17. UNFINISHED BUSINESS 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT CllJ!il!gron General Purpose and Administration Committee Minutes January 7,2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 7,2008 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G~ Robinson Councillor C. Trim CouncillorW. Woo Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Creme Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming 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. ANNOUNCEMENTS Councillor Hooper informed the Committee the new logo for the Bowmanville 150th Sesquicentennial Anniversary celebrations was unveiled yesterday at the Mayor's Levee and mentioned there will be events scheduled June 28th - July 1, 2008, weekend in the downtown business district, as well as other events throughout the year. He thanked Council for their support of the anniversary celebrations. 401 General Purpose and Administration Committee Minutes January 7, 2008 Resolution # GPA-001-08 Moved by Councillor Woo, seconded by Councillor Trim THAT the agenda be altered to allow for the introduction of a motion regarding the Bowmanville 150th Sesquicentennial Anniversary event. CARRIED Resolution #GPA-002-08 Moved by Councillor Novak, seconded by Councillor Woo THAT the Bowmanville 150th Sesquicentennial Anniversary Committee be allowed to fly the new flag at the Municipal Administrative Centre; and THAT the day of the raising of the new flag be announced. CARRIED Councillor Robinscln thanked Kevin Shea, Total Hockey Curator/Programer on the success of the 2nd Annual Shoot and Score Tournament held at the Rickard Recreation Complex this past weekend. He informed the Committee the event was well attended and expressed appreciation to staff of the Community Services Department for their efforts. Councillor Trim informed the Committee of the joint York/Durham Regional Committee meeting to be held on Tuesday, January 8, 2008 at 1 :00 p.m. in Newmarket regarding the proposed Energy from Waste facility. Councillor Hooper informed the Committee that the CAW is also hosting a public forum at the CAW Union Hall in Oshawa on Thursday, January 10, 2008, regarding the proposed Energy from Waste Facility. Doors open at 5:30 p.m. with speakers scheduled for 7:00 p.m. Resolution # GPA-003-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the agenda be altered to add item 18(b) - Confidential Verbal Update from the Chief Administrative Officer regarding negotiations. CARRIED -2- 402 General Purpose and Administration Committee Minutes January 7, 2008 MINUTES Resolution #GPA-004-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the General Purpose and Administration Committee minutes of the regular meeting held on December 3,2007, be approved. CARRIED PRESENTATIONS There were no presentations. DELEGATIONS There were no delegations. Mayor Abernethy welcomed Councillor Novak to the position of Deputy Mayor for 2008 and thanked Deputy Mayor Trim for his hard work and dedication during the first year of Council's term. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend theClarington Official Plan Applicant: 821013 Ontario Limited Reports: PSD-001-08 Cindy Strike, Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-001-08. No one spoke in opposition to or support of Report PSD-001-08. Glen Genge, D.G Biddle & Associates, and Cora Tonno, applicant, were present to address any concerns or questions raised at today's meeting. There were no questions or concerns regarding Report PSD-001-08. -3- 403 General Purpose and Administration Committee Minutes January 7, 2008 PLANNING SERVICES DEPARTMENT PROPOSED OFFICIAL PLAN AMENDMENT APPLICANT: 821013 ONTARIO LIMITED Resolution #GPA-005-08 . Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-001-08 be received; THAT Staff continue processing the application to amend the Clarington Official Plan COPA 2007-0012, submitted by 821013 Ontario Limited; and THAT all interested parties listed in Report PSD-001-08 and any delegations be advised of Council's decision. CARRIED BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-006-08 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report PSD-002-08 be received for information. CARRIED ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GP A-007 -08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-003-08 be received for information. CARRIED ENVIRONMENTAL STEWARDSHIP PROGRAM UPDATE Resolution #GPA-008-08 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-004-08 be received for information. CARRIED -4- 404 General Purpose and Administration Committee Minutes January 7, 2008 MUNICIPALITY OF CLARINGTON SIGN BY-LAW REVIEW Resolution #GPA-009-08 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD-005-08 be received for information. . CARRIED PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT THE DEVELOPMENT OF 19 SINGLE DETACHED DWELLINGS IN BOWMANVILLE PROPONENT: MUNICIPALITY OF CLARINGTON Resolution #GPA-01 0-08 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-006-08 be received; THAT the application for Draft Approval of the proposed Plan of Subdivision submitted by the Municipality of Clarington be approved as contained in Attachment 2 to Report PSD-006-08, subject to the conditions of Draft Approval, contained in Attachment 4 to Report PSD-006-08; THAT the application for Zoning By-law Amendment submitted by the Municipality of Clarington be approved as contained in Attachment 5 to Report PSD-006-08; THAT the By-law, as per Attachment 6 to Report PSD-006-08, authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-0005 and the Municipality of Clarington be approved and forwarded to Council for approval; THAT a copy of Report PSD-006-08 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-006-08 and any delegations be advised of Council's decision. CARRIED - 5 - 405 General Purpose and Administration Committee Minutes January 7, 2008 Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2007 Resolution #GPA-011-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-001-08 be received for information. CARRIED CLARNEW SUBDIVISION PHASE 3, NEWCASTLE, PLAN 40M-2166, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-012-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-002-08 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related . Works, constructed within Plan 40M-2166; and THAT Council approve the by-law attached to Report EGD-002-08, assuming certain streets within Plan 40M-2166 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. -6- 406 General Purpose and Administration Committee Minutes January 7, 2008 Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - NOVEMBER 2007 Resolution #GPA-013-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-001-08 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Abernethy Chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT CONFIDENTIAL VERBAL UPDATE REPORT FROM THE DIRECTOR OF FINANCEITREASURER REGARDING A LEGAL MATTER Resolution #GPA-014-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT the confidential verbal report of the Director of Finance/Treasurer regarding a legal matter be referred to the Council meeting scheduled to be held on January 14, 2008. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. -7- 407 General Purpose and Administration Committee Minutes January 7, 2008 UNFINISHED BUSINESS There was no Unfinished Business considered under this section of the Agenda. OTHER BUSINESS APPOINTMENTS TO VACANCIES ON THE GREEN COMMUNITY ADVISORY COMMITTEE AND THE CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE Resolution #GPA-015-08 Moved by Councillor Novak, seconded by Councillor Trim THAT Cathrine McKeever be appointed to the Green Community Advisory Committee to fill the current vacancy of an "at large member." MOTION LOST Resolution #GPA-016-08 Moved by Councillor Woo, seconded by Councillor Foster THAT Imran Mohammed be appointed to the Green Community Advisory Committee to fill the current vacancy of an "at large member." SEE FOLLOWING MOTIONS Resolution #GPA-017 -08 Moved by Councillor Novak, seconded by Councillor Trim THAT the foregoing Resolution #GPA-016-08 be tabled pending a closed session ofthe meeting to discuss personal information of the applicants requesting appointment to the Green Community Advisory Committee. CARRIED Resolution #GP A-O 18-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT item 18(b) Confidential Verbal Report of the Chief Administrative Officer concerning negotiations be reviewed prior to reviewing item 18(a) Memorandum of Deputy Clerk regarding appointment to the Green Community Advisory Committee. CARRIED -8- 408 General Purpose and Administration Committee Minutes January 7,2008 Resolution #GPA-019-08 Moved by Counicllor Foster, seconded by Councillor Novak THAT Wallace Bradley be appointed to the Clarington Traffic Management Advisory Committee to fill the current vacancy of the Ward 1 Member. CARRIED Re.solution #GPA-020-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting be "closed" to consider the Confidential Verbal Report of the Chief Administrator Officer and personal information of applicants requesting appointment to the Green Community Advisory Committee. CARRIED The meeting resumed in open session at 11 :10 a.m. Resolution # GPA-016-08 was then lifted from the table, put to a vote and LOST. Resolution #GP A-021-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Gordon Johnston be appointed to the Green Community Advisory Committee to fill the current vacancy of an "at large member". CARRIED COMMUNICATIONS There were no Communications considered under this section of the Agenda. ADJOURNMENT Resolution # GPA-022-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 11 :15 a.m. CARRIED MAYOR DEPUTY CLERK -9- 409 FINAL LIST OF DELEGATIONS GPA Meeting: JANUARY 21, 2008 (a) Markus Lise, Regarding Request for Financial Assistance for Ending the Circle of Poverty (b) John Stephenson, Regarding Planning for the Future (c) Kerry Meydam, Regarding Report FND-002-08 (d) Kerry Meydam, Regarding Energy From Waste (e) Louis Bertrand, Regarding Garbage Pick-up and Waste Management Strategy CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLlCAT~ON BY: SHELL CANADA LIMITED AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 C1N:.mgtnn PUBLIC MEETING REPORT # PSD-007-08 SHELL CANADA LIMITED TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETALS The proposed Zoning By-law Amendment submitted by Shell Canada Limited would rezone a 182 m2 portion of the property to allow these lands to be retained by Shell Canada Limited for use in conjunction with the existing gas station development The subject property is located at 355 Waverly Road, BowmanviJIe as shown on reverse. Planning File No.: ZBA 2007-0050 (X-REF: LD 11812007) PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development The public meeting will be held on: . DATE: !\IIonday, January 21, 2008 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, January 28, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, January 23, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2rid Floor, 40 Temperance Street, Bowmanville, OntarioL 1C.3A6. Additional. information relating to the. proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3111 Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Richard Holy at (905) 623-3379 extension 332 or bye-mail at rholy@clarington.net APPEAL ,. If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does. not make oral.submissions at a public meeting or does. not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. . Dated at the Municipality of Clarington this 18th day of December, 2007. ua~~~f/ 4OTempe~nce~ Director of Planning Services Bowmanvllle, Ontario Municipality of Clarlngton L 1C 3A6 701 - :! '> c CI I m L: CD i o "C ~ e ::i ca "C ca C ca o - .. c CD o E Lt)'tJ o C o CD I E .~ c( o ~ o ca N..J c(l m~ N CD .5 c o N Co CI :& c o ;::I CI S ~ !. e Q. 'i .c U) .. :1 i 0 ~ u w Z II ~ :1 w ICI'Ot a::: ...... ..........N 1__ 0 - Z <( Cl I- W fJ) I Z ~ -i 0 i~ J N 'I e'l .. w <3 i a::: i w Q: i ~I, al ~ I - 0 .. \ i :J " \ t- w - en ~ I 0 CD i z II :5 I i I ~ I ~- . --.--- . - .~ iJ -- -.- -.... 1.1. . ... .......... i~~a . -n. Iii' .. .~~~~ . :~l~~VM-=-----_~.....,~ I . I~~~ 702 -~ /....::::F'. Cl~!;jl1gron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 21,2008 Report #: PSD-007-08 File #: ZBA 2007-0050 By-law #: Subject: PROPOSED REZONING APPLICATION APPLICANT: SHELL CANADA LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-007 -08 be received; 2. THAT provided that there are no significant issues raised at the Public Meeting, the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, as contained in Attachment 2 be APPROVED; 3. THAT a copy of Report PSD-007 -08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:()~"":" & )u Franklin Wu, -- Chief Administrative Officer RH/COS/DJC/df January 15, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-007 -08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Walker Nott Dragecivic Associates Limited 1.2 Owner: Shell Canada Limited 1.3 Rezoning Application: To rezone to subject lands from "Holding - Special Purpose Commercial ((H)C5) Zone" to "Service Station Commercial Exception (C7 -1) Zone" to allow the lands to be retained by Shell Canada Limited and used in conjunction with the existing gas station, car wash, and convenience store development. 1.4 Area: 0.18 hectares 1.5 Location: The lands subject to this application are located at the southeast corner of Waverley Road and Baseline Road West in Bowmanville, being Part Lot 13, Broken Front Concession, former Town of Bowmanville (See Attachment 1). 2.0 BACKGROUND 2.1 This application is necessary to implement a long term solution for the ongoing monitoring of the site remediation works developed for the Shell service station at Waverly Road and Baseline Road. 2.2 On December 10, 2007, Walker Nott Dragecivic Associates Limited submitted a rezoning application on behalf of Shell Canada Limited to rezone a 0.18 hectare parcel of land from "Holding - Special Purpose Commercial ((H)C5) Zone" to "Service Station Commercial Exception (C7-1) Zone" to allow the lands to be retained by Shell Canada Limited and used in conjunction with the existing gas station, car wash, and convenience store development. The subject lands contain an infiltration trench that will be retained and maintained by Shell Canada Limited as part of their development. Submission of this rezoning application fulfills a municipal condition of the severance application LD 118/2007 which has been approved by Land Division Committee. 2.3 Shell Canada Limited redeveloped their existing gas station facility in 2004, which left land surplus to the operation. They have received approval from the Land Division Committee to sever a 1.58 hectare commercial parcel of land and meld it with a 5.71 hectare parcel of land owned by Bowmanville Creek Developments Inc. The resultant transfer of land would permit the development of a highway commercial centre along Highway 401 around the RONA home improvement store. 802 REPORT NO.: PSD-007-08 PAGE 3 2.4 Shell Canada Limited agreed to sell the surplus property to Bowmanville Creek Developments Inc. on the condition that the purchaser assumed full responsibility for all decommissioning of these lands. As part of the remediation efforts, Bowmanville Creek installed a collection trench at the southeast corner of the redeveloped portion of the site, which will now be retained by the applicant for long-term maintenance and monitoring. The approval contained a condition requiring that a satisfactory Record of Site Condition be submitted to the Municipality of Clarington and the Durham Region. Bowmanville Creek Developments Inc. has been working to remediate the lands and submit the Record of Site Condition for approval. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is flat in part and lower in elevation than the Shell Service station site and is currently vacant. 3.2 The surrounding uses are as follows: North - South - East - West - Existing Shell gas station and future highway commercial uses Future highway commercial uses Future highway commercial uses Existing Shell gas station 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The rezoning application was reviewed in the context of the 2005 Provincial Policy Statement. The Provincial Policy Statement identifies settlement areas as the focus of growth and promotes intensification of vacant and underutilized property. The subject lands are being used to decommission this Brownfield property. The proposed application supports the intensification and remediation goals of the Provincial Policy Statement. 4.2 Places To Grow - Provincial Growth Plan The Provincial Growth Plan focuses new growth within existing urban centres. The Plan also encourages towns to offer an array of employment opportunities. As the proposal implements the intensification requirement of the Growth Plan, this application is consistent with the principles of the Growth Plan. 803 REPORT NO.: PSD-007-08 PAGE 4 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan Within the Durham Regional Official Plan, the lands are designated as Living Area. Since gas stations are permitted within this designation, the application conforms to the policies of the Durham Regional Official Plan. 5.2 Clarinoton Official Plan Within the Clarington Official Plan, the subject lands are designated as "Highway Commercial Districts". These areas are meant to serve the specialized needs of residents on an occasional basis. Since gas stations are permitted within this designation, the application conforms to the policies of the Clarington Official Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Holding - Special Purpose Commercial ((H)C5) Zone". In order for subject lands to be retained as part of the existing development by the owner, an application for rezoning is required. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject property. Two Public Notice signs were posted on the Waverley Road and Baseline Road West frontages. 7.2 As of the date of writing this report, there have been no inquires. 8.0 AGENCY COMMENTS 8.1 The application was circulated to a limited number of agencies and municipal departments for comment. The Durham Region Planning Department and Clarington Engineering Services Department have no objections to the proposed application. The Ministry of Transportation and Central Lake Ontario Conservation Authority received a courtesy circulation. No comments are expected from these two agencies. 9.0 STAFF COMMENTS 9.1 The purpose of this application is to rezone a portion of property from "Holding - Special Purpose Commercial ((H)C5) Zone" to "Service Station Commercial Exception (C7-1) Zone", thus allowing these lands to be retained by Shell Canada Limited and used in conjunction with the existing gas station. Submission of this application was a municipal 804 REPORT NO.: PSD-007-08 PAGE 5 condition for approval of the Shell severance. The application is a purely technical exercise and does not raise any issues. As such, Staff would recommend approval of the application provided that there are no objections raised by area residents at the Public Meeting. 9.2 Staff advise that all property taxes have been paid. 10.0 CONCLUSION 10.1 The application has been reviewed in the context of existing Provincial Policy, land use policies contained in the Durham Regional and Clarington Official Plans, and the Municipality's Zoning By-law. Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED as contained in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Joe Cavallo, Shell Canada Limited Robert Dragecivic, Walker Nott Dragecivic Associates Limited 805 Attachment 1 To Report PSD-007-08 - ~ ~ " lIS 1: S i CD E o E :J m 11)" - o c CI a. o CD " lIS I E CI :E .....CC c c ~ o ~ CI 0 ! (J 11 o CI - u ~ N...I CD 0 <(I .c ..J m~ U) ~ N Q L: at C CD a. "2 c e ~ Q. is N I i :* ~ ~~ .........IN ,. -- ...... :1 \;G"OL - ............N (DOS) ......... - ~ en w ~ c I.. ~ I 0:: I ~ I :J II W - ~ I m i III I I~ I I .., I~ I .. i c w z ~ w 0:: C Z c( C W Z o N W 0:: w CO 0" I- I en c z ~ - ~ f I l; ti~2 ~: - Idlnl"IONI "IJiIIMD .... 10 .. u- ~ ~ il . .- /~, I c:!'~~ ~~l~:^\fM-=--___,..,.,~ "'~ 806 Attachment ~ To Report PSD-007-Qf THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- ~ 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 Cia ring ton deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2007-0050 to permit the applicant to retain the subject lands; 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 - Special Purpose Commercial ((H)C5) Zone" to "Service Station Exception (C7- 1) Zone" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. By-law read a first time this day of 2008 By-law read a second time this day of 2008 By-law read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie. Municipal Clerk 807 This is Schedule "A" to By-law 2008- , passed this day of II 2008 A.D. C II ~ >11 W ...J a:: w ~ ~ -""" .,1""":': ~ Jim Abernethy. Mayar Bowmanville BASELINE ROAD WEST J o --- -- ~ I I ~ I! ....... ..,.........-- Zoning Change From "(H)C5" To "C7-1" PaW L Barrie, Municipal Cieri< WEST ~ It: ~ It: ~ 3:: I I --- / HIGHWAY 401 / 808 Cl![#]gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, January 21, 2008 Report #: PSD-008-08 File No's: A2007 -0059 & A2007 -0064 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 6 AND DECEMBER 20, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-008-08 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on December 6, and December 20, 2007 for applications A2007 -0059 and A2007 -0064 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Dav J. Crome, M.C.I.P., R.P.P. Director of Planning Services d~5~ Reviewed by: Franklin Wu, Chief Administrative Officer PW*CP*DC*sh January 3, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905}623-3379 F (905}623-0830 809 REPORT NO.: PSD-008-08 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. Application Number Staff Recommendation Decision Of. Comrnittee A2007 -0059 Approve with conditions Approved with conditions DECISIONS OF COMMITTEE OF ADJUSTMENT FOR DECEMBER 6 AND DECEMBER 20, 2007 DECEMBER 6 Application NUlllber A2007 -0064 DECEMBER 20 Staff Recommendation A rove D~cisi()n ...ofCol11rnittee A roved 2.0 COMMENTS. 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007 -0059 and A2007 -0064, 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 -0059 and A2007 -0064, 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 810 Attachment 1 To Report PSD-008-Qf Cl~gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TERA NICHOLSON TERA NICHOLSON PROPERTY LOCATION: 62 OLD KINGSTON ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0059 FILE NO.: PURPOSE: TO PERMIT THE EXTENSION OF A LEGAL NON-CONFORMING DWELLING, LOCATED IN AN ENVIRONMENTAL PROTECTION ZONE, BY ADDING A 12 M2 FIRST FLOOR ADDITION, A 47.5 M2 SECOND STOREY ADDITION AND AN 8 M2 COVERED PORCH AREA TO THE EXISTING DWELLING. DECISION OF COMMITTEE: To approve the extension of a legal non-conforming dwelling, located in an environmental protection zone by adding a 12 m2 first floor addition, a 47.5 m2 second story addition and an 8 m2 covered porch area to the existing dwelling subject to the following condition: . That a building permit be received from CLOC As it is minor in nature, desirable and conforms to the intent of the zoning by-law and both official plans. DATE OF DECISION: December 6, 2007 LAST DAY OF APPEAL: December 26, 2007 811 CllJlJlJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HUNT DESIGN ASSOCIATES INC. NORTH STAR HOMES INC PROPERTY LOCATION: 50 NELSON STREET, BOWMANVILLE PART LOT 11, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2007-0064 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MIN REQUIRED FRONT YARD SETBACK FROM 4.5 M TO 3.2 M & BY PERMITTING A MAX PROJECTION BY THE UNENCLOSED PORCH & STEPS OF 1.2 M INTO THE FRONT YARD SETBACK. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 4.5 METRES TO 3.2 METRES AND BY PERMITTING A MAXIMUM PROJECTION BY THE UNENCLOSED PORCH AND STEPS OF 1.2 METRES INTO THE FRONT YARD SETBACK, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: December 20, 2007 LAST DAY OF APPEAL: January 9, 2008 812 ClYIil1gtnn PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 21, 2008 Report #: PSD-009-08 File #: ZBA 2007-0032 By-Ia w #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ASPEN SPRINGS WEST LIMITED ASPEN SPRINGS PHASE II (40M-2214) AND PHASE III (40M-2240) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Admin istration Committee recommend to Council the following: 1. THAT Report PSD-009-08 be received; 2. THAT the request for Removal of Part Lot Control by Aspen Springs West Limited with respect to Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240 be APPROVED and that the attached Part Lot Control By-Law 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 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David rome, M.C.I.P., R.P.P. Director, Planning Services ReviewedbY:U ~ ~ Franklin Wu Chief Administrative Officer L T/DJC/df/av January 9, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 813 REPORT NO.: PSD-009-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Springs West Limited 1.2 Location: Part Lot 16, Concession 1, former Township of Darlington 2.0 BACKGROUND 2.1 On June 1,2007, Aspen Springs West Limited submitted the following applications: · A rezoning application that would permit the development of eight (8) single detached dwelling units on 11.0 metre and 12.0 metre minimum frontage lots; · An application requesting the removal of Part Lot Control for the subject lands, being Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240, to facilitate the construction and sale of the eight (8) single dwelling units. 2.2 The applicant was advised when the two applications were filed, a report respecting the request for the Removal of Part Lot Control could only be forwarded to Committee and Council for their consideration if the rezoning application was approved by Council. The rezoning application was approved by Council on November 26, 2007 and the Zoning By-law Amendment (2007-219) became final and binding January 2,2008. 2.3 In 2003, the applicant submitted an application to amend the Clarington Official Plan (COPA 2003-001) to delete a "Neighbourhood Commercial" designation from the subject lands. The Clarington Commercial Policy Review, implemented through OPA 43 to the Clarington Official Plan in 2005, changed the structure of commercial designations in Clarington. This amendment redesignated the subject lands from "Neighbourhood Commercial" to "Urban Residential". 3.0 STAFF COMMENTS 3.1 Although neither Block 48 on Plan 40M-2214 or Block 76 on Plan 40M-2240 were initially draft approved for residential development, the Region of Durham Planning Department confirmed through the circulation of the application the use of Part Lot Control as the planning mechanism to create the eight (8) single family dwelling lots was acceptable and would be in keeping with the intent of the subdivision delegation agreement between the Area Municipality's and the Region. 3.2 Staff has no objection to the approval of a by-law exempting the subject lands from Part Lot Control. Attached is a by-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 814 REPORT NO.: PSD-009-08 PAGE 3 3.3 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.4 The Finance Department advises that the taxes have been paid in full. 3.5 Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending January 14, 2011. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Block 48 on 40M-2214 and Block 76 on 40M-2240. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Key Map Site Location of Lands Affected by Part Lot Control Removal By-law for Removal of Part Lot Control Unit Type and Number Summary Table for Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240 Interested parties to be advised of Council's decision: Kelvin Whalen, Kaitlin Group Ltd. Regional Municipality of Durham Planning Department 815 - :! 'i III E ~ III Q, III ~ C o ~ III U o ..J ~ & e D. r-- "<t- "'0 CDO"l . I"') '" . '" '" o r--. 0 CD . CX)Ll') ..- c:i ~ CX) en I"') O"l '" W ."<t-": o . "'0 I "<t- r--. I"') /Jrc) ~..- z ,?}O) :"CO~~c)~ :,':'0 "I" ~ r...: r--. (3 ('oj z o f-f- :W C)W.W N .8 ZW8 o ~ -0::: a I"') Lti ~ ~f- ~ 25 z~(I)~Lti W 0::: '" o Lti CX) '" Ll') r-rj 28.604 7.264 N60"55'20"W 0 o I.[") ro 42 N1T30'30"W 34.631 w (:) rr) (j) o r'l 8 N Lti r--- z: 43 N1T30'30"W 35.463 I"') '" o Lti o o o lri 44 N1T30'30"W 36.295 ,- '" 0 0 '" 0 c:i 0 0 0 0 ..- c:i c:i Ll') ..- O"l r...: Ll') "<t- II II '" a::: a::: o o CX) c:i LOT 2 LOT 1 BLOCK 48 40M-2214 33.000 N1T30'30"W BLOCK 76 AREA = 0.321 ha. 40M-2240 CD en w CX) ;;:; ~:o ~ c:i r--. 1'0 ~ I Z ..- No' N1T30'30"W 75'55'40"[ 20.000 .863 NO~5.,877 540''E: 118141 BLOCK 80 J GREEN (0.3m RESERVE) AREA = 0.002 ha. N 17'30' 30"W N1 T30'30"W 55.009 55.058 To Report PSD-009-08 /'\ua"IIIIIQI n I :g c o o N '0 CW)...1 Q 1: CT &'G ....D. Q ~ ~m " ~ ~ N=! C( J u o as o o "'~ CX)O . ROAD --.J --.J W 0:::: l- I- O' CO t L{) rr) L{) ..q-- L.{')~ a::: ~b=l U~ OE n --.Jd CO--- ...-- L{) 1'0 Ll') o ~ W ~o rr) (j) r'l N r--- 11 ...I .. . ~ . Q C "C Q. en c CD Q. ~ t.: CD C ~ z: <( ---1 0.. o W 0:::: W l- e/) o W 0:::: 816 Attachment To Report PSD-009-0 - :! ! l - IllS C ~ - CI) In E ~ ED N 'a - C") C In ~ = CI) Q III = E c :t . c( .... .C c = ~ a. 0 U) :;:; = III N ..I C u . CI) 0 c( >. a. ...I m t In ~ N Q CD C ;.: ~ c e CI) is c ~ ~ I tl r I..~ II :J~ I!" I g . ... Sl~ .~~ LOT 44 PIN 269'4 -1Ii9 S/J8.J(CT TO CASCllfNT AS IN fJR4Jti.V7 t- _...~ -;-~- - - - - -- .. V1 -' - I ... <.:) "'1~ W PART I a:: PIN 269:14 ./262 SUf/JCCT TO fASCllfNT AS ", DR.'4t1J.7 .~ I !PART II M(. ,un_ 26934 ./011 -I - ""'30'~ ~ ~ ~ .1 ""30' .KrW \ ...coo '-IPART 21 AIll.& .0_1_ d .,; IPART 31 MfA . a.e_ -. - ....30'JO"'W , >.000 )6'10, ~ IPART 41 ....- . ..~ .. ! - tl1"'lO".1O"W ...000 "'" ........ . IPART 51 37 a,. ...... ,00.... .... W W~ a::: ': ...." C/). L aW Z '0 .1, 0- .... : C) z ~ -, :E: w a::: M" . .. CQo- IPART 61 ~ "'1.&. -.0.0 .. ..." J/O ~o- it t-~ 0:': cx- a.!i ..,.. 'to'lO"" ,)1.000 ,~ .",::, '-- :I ..?-vt.'tr)-.. PIN X9J4./~ -BLOCK 80 IOJiII ...tIftll ..... "- ~ ~ GREEN ROAD ;-- !;~ ... :: ~ " I! .... w :I W .. a::: fl :II .... I C/) -I I -I W ! I a::: II l= I 0 m I 'f I ~lOi ..~!l - I~ ::u~ ~O.. : l~li I fBlOCK fO.J- ...."lho _ PIN 26~~" .1'~ 81. OCK 51 __.J lItO. -- 817 Attachment ~ To Report PSD-009-0S THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to exempt certain portions of Registered Plans 40M-2214 and 40M-2240 from Part lot Control WHEREAS the Council of the Corporation of the Municipality ,!f Clarington deems it advisable to exempt from Part lot Control, Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240 registered at the land Titles Division Of Whitby; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Block 48 on 40M-2214 b) Block 76 on Plan 40M-2240 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending of January 14, 2011. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 818 AttaCnmem 4 To Report PSD-009-08 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #'s: 40M-2214 and 40M-2240 By-law: Block 48 on 40M-2214 Single Family and Block 76 on 40M-2240 Total Units 8 No Change 8 No Change 819 CI!J!ilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, January 21, 2008 Report #: PSD-010-08 File #: PLN 17.3.2 By-law #: Subject: CORRESPONDENCED~ BROCKTON RESOLUTION ON FUNDING OF CONSERVATION AUTHORITIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-08 be received; 2. THAT the correspondence from the Municipality of Brockton regarding the funding of Conservation Authorities be received for information; and 3. THAT the Municipality of Brockton, our member Conservation Authorities and Conservation Ontario receive this report and be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., RP.P. Director, Planning Services Reviewed by: (J ~JQ-~ Franklin Wu Chief Administrative Officer LB*DJC*sn*df January 15, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 820 REPORT NO.: PSD-010-08 PAGE 2 1.0 BACKGROUND 1.1 Correspondence from the Municipality of Srockton was received at Council on October 29,2007 and was referred back to the Director of Planning Services for comment. 2.0 DETAILS 2.1 The Municipality of Brockton has expressed concern that the recent changes to the Conservation Authority programs such as the new Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulations and the Source Water Protection Act has increased the workload of Conservation Authority staff. They suggest that this increased workload has resulted in the lengthy delay of the review of development proposals. The Municipality of Srockton has passed a resolution regarding changes to the existing funding formula. It has been resolved that a) the Province should increase the funding formula to the Conservation Authorities, and that b) in the absence of new funding, Municipalities should be given the ability to opt out of funding a Conservation Authority if it is unable to provide services in a timely manner. 3.0 STAFF COMMENTS 3.1 Although there are new programs that the Conservation Authority is involved with, we have not experienced a delayed response in the review of development applications as experienced by the Municipality of Brockton. We are very satisfied with the Conservation Authorities response and assistance in municipal projects. 3.2 In Durham Region, there are Memoranda of Understanding governing various services the conservation authority provide to Municipalities. In addition, fees are established to cover the costs of municipal plan review and administration of the authorities' regulations. This has allowed for a more stable funding source to provide these services efficiently. 3.3 For Council's information, please find attached a letter from Russ Powell, the Chief Administrative Officer of CLOC to the Township of Scugog on the Brockton resolution. 4.0 CONCLUSION 4.1 Staff recommend that the correspondence from the Municipality of Brockton be received and that no further action be taken. 821 REPORT NO.: PSD-010-08 PAGE 3 Attachments: Attachment 1 - Council Resolution C-560-07 Attachment 2 - Letter from Russ Powell dated December 6, 2007 List of interested parties to be advised of Council's decision: Central Lake Ontario Conservation Authority Ganaraska Region Conservation Authority Kawartha Region Conservation Authority Lake Simcoe Region Conservation Authority Conservation Ontario Municipality of Brockton South Monaghan, Township of Otonabee 822 Attachment 1 To Report PSD-010-08 Council Meeting Minutes -12- October 29, 2007 Resolution #C-558-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the nomination of Bruce Craig to represent the Municipal Working Group for the Ganaraska Region on the Trent Conservation Coalition Source Protection Committee be endorsed. 0-6 A01.FC "CARRIED" , Gabriel Miller, Project Coordinator, Federation of Canadian Municipalities (FCM) advising FCM will be conducting a survey of municipal infrastructure needs from October 5 to November 1,2007, and producing an up-to-date estimate of the municipal infrastructure deficit in order to help make the case for Federal investments in municipal infrastructure. Survey questions will include reference to infrastructure stock, inventory, condition, age, replacement value and budgeting and information collected will be held in strictest . confidence. A sample group of municipalities has been targeted to respond; however, all FCM members are invited to participate by contacting the project coordinator by telephone at 613-907-6316 or E-mail atamiller(il)fcm.ca. Resolution #C-559-Q7 Moved by Councillor Trim, seconded by Councillor Hooper THAT the survey of municipal infrastructure needs being conducted by the Federation of Canadian Municipalities be endorsed. 0-7 C10.GE "CARRIED" Charlie e~gnilt, Municipality of Brockton, advising Council that on September 10, 2007, the Municipality of Brockton passed the following resolution pertaining to the funding formula for Conservation Authorities: "WHEREAS by way of Regulations under the Conservation Authorities Act enacted in May of 2006 the Province of Ontario has put in place legislation that prohibits development under certain situations and conditions; and . 823 Council Meeting Minutes - 13- \ October 29, 2007 WHEREAS the impact of this Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulation has not been mapped out to make it clear which properties or portions of properties are affected by the Regulation and therefore subject to a permit from the local Conservation Authority; and WHEREAS these Regulations have had the effect of greatly increasing the work load on staff of the local Conservation Authority to the point of creating delays of several weeks or months in obtaining permits from the Conservation Authority to allow new development; and I . . WHEREAS the Province of Ontario has made significant cuts in funding to local Conservation Authorities which were initiated in 1995 and have continued to the point where staffing levels are now severely affected; and WHEREAS the combination of funding cuts to Conservation Authorities and the implementation of new Regulations have put an increased workload on the staff of Conservatipn Authorities to the point where the review of development proposals are delayed for unnecessarily long periods of time thereby frustrating new development proposals for communities affected by these regulations; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BROCKTON HEREBY ENACTS AS FOLLOWS: THAT the Province of Ontario revisit the funding formula currently used for Conservation Authorities with the intent to increase the funding provided to Conservation Authorities to allow them to. enhance their staffing levels and thereby respond to development proposals in a more timely manner. THAT in the absence of additional funding the Province of Ontario revisit the mandate of the Conservation Authorities to ensure that said mandate is refined and streamlined so that Conservation Authorities across the Province are able to provide timely professional service levels within a restricted mandate; and furthermore the Province of Ontario should investigate currently available engineering, planning, development and environmental expertise to determine a more cost effective method of delivering services, which Conservation Authorities are now unable to provide in a timely and effective manner. And that in the absence of such an investigation Municipalities should be given the ability to opt out of funding of Conservation Authorities where the local Conservation Authority is unable to provide the required services in a timely manner. 824 Council Meeting Minutes - 14- October 29, 2007 THAT this resolution be circulated to all municipalities and Conservation Authorities in Ontario for their support. " THAT a copy of all resolutions and letters in support of this request be sent to i) Honourable David Ramsay, Minister of Natural Resources ii) Conservation Ontario, Attention Chair Dick Hibma; and iii) The Municipality of Brockton. it Resolution #C-560-07 Moved by Councillor Robinson, seconded by CouncillorTrim THAT the resolution from the Municipality of Brockton pertaining to the funding formula for Conservation Authorities be referred to the Director of Planning Services for comment. D-8 A01.GA F11.GE ~ "CARRIED" Brian Fallis, Chair, Ganaraska Region Conservation Authority, advising the Authority is fund raising for the redevelopment of the Ganaraska Forest Centre, an outdoor education centre north of Elizabethville which provides educational and recreational opportunities for students and youth groups; advising the Authority is submitting a proposal to the Ontario Power Generation for . consideration of a partnership opportunity for funding of the new Forest Centre; requesting the municipality's endorsement of the redevelopment of the Ganaraska Forest Centre; and, attaching a sample letter of support to be submitted with the proposal. The Authority has requested letters of support to be forwarded.to them by November 3, 2007. Resolution #C-561-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the request from the Ganaraska Region Conservation Authority for support of the Ganaraska Forest Centre's funding proposal to the Ontario Power Generation be endorsed; and, that a letter of support be provided to the Authority. "CARRIED" 825 Attachment: To Report PSD-010-01 L"d Central ~ ~ake Ontario ~conservation 100 Whiting Avenue OShawa, Ontario L1 H 3T3 Tef: (905) 579-0411 Fax: (905) 579-0994 Web: www.cloca.com Email: mail@cloca.com Member of Conservation Ontario December 6, 2007 Ms. Kim Coates, Clerk Township of Scugog 181 Perry Street Box 780 . Pon Perry, ON L9L 1A7 Dear Ms. Coates: Subject: Municipality of Brockton - Council Resolution No. 07-20-370 (attached) Township of Scugog Correspondence Dated October 29, 2007: Resolution No. 07-434 (attached) As requested, following are the joint comments of the Central Lake Ontario. Kawanha Region and Lake Simcoe Region Conservation Authorities on the Municipality of Brockton resolution. 1. In dealing with the five "Whereas" sections we have attached background information from the Saugeen Valley Conservation Authority. Our sense is that we are dealing with a misunderstanding between a Conservation Authority and a member municipality (one of 15 participating municipalities) which has escalated into a council resolution circulated across the length and breadth of Ontario. 2. The Development. Interference with Wetlands and Alterations to Shorelines and Watercourses regulation to which Brockton refers is not new legislation enacted in May, 2006, but rather an update of the fonner Fill, Construction and Alteration to Waterways regulations which have been in place in Brockton since 1976. 3. With regard to the first remedy Brockton seeks, no municipality or Conservation Authority would take issue with the Province of Ontario paying a more appropriatelhigher proportion of Conservation Authorities funding needs. . What we do on the land is mirrored in the water cont'd... .orJ <6~ 826 Central Lake Ontario Conservation Ms. Kim Coates, Clerk Township of Scugog December 6, 2007 Page 2 4. With regard to the remaining remedies Brockton seeks in the absence of additional funding by the Province, we offer some cautions. (i) Providing it does not exceed the powers granted by the Province under the Conservation Authorities Act, the mandate of a Conservation Authority is established by its participating municipalities which appoint the members of the Board of Directors. If the mandate of a Conservation Authority needs to be revisited, it would seem most appropriate that be done by the participating municipalities. (ii) A broad mix of currently available engineering, planning, development and environmental expertise is available across Ontario within municipalities, provincial and federal agencies, private sector consultants and Conservation Authorities themselves. The most cost effective manner of using that mix of expertise to deliver services is, again, a responsibility of the Conservation Authority and its participating municipalities. (iii) Municipalities are responsible for insuring that development occurs in a manner consistent with provincial policies under the Planning Act. In the case of natural hazards, this responsibility has been delegated by the Province to Conservation Authorities through their regulations since 1995. Opting out of funding the Conservation Authorities administration of the regulations doesn't make the responsibility to enforce provincial natural hazards policies go away, it simply means the responsibility reverts to the municipalities. In the case of the Saugeen, that means abandoning consistent application of regulations over a watershed of 1844 square miles and replacing it with 15 separate municipal systems. These existing responsibilities are not to be taken lightly. In the case of Durham Region, its area municipalities and the 5 Conservation Authorities, there are 3 interconnected agreements in play, all arising from decisions made in 1995 and 1996: Memorandum of Understanding Between the Province of Ontario and the Regional Municipality of Durham Regarding Municipal Plan Review April, 1996 Partnership Memorandum between the Regional Municipality of Durham and the five Durham Area Conservation Authorities regarding Provincial Delegation of Planning Review Functions September, 1996 Conservation Ontario, Ministry of Natural Resources and Ministry of Municipal Affairs and Housing Memorandum of Understanding on Procedures to Address Conservation Authority Delegated Responsibility Jan. 2001 (current version - original delegation April, 1995) cont'd.. .3 827 Central Lake Ontario Conservation Ms. Kim Coates, Clerk Township of Scugog December 6, 2007 Page 3 It is also worth noting that Durham Region and its 5 Conservation Authorities have agreed as a matter of policy that the costs of municipal plan review and administration of regulations will be recovered from development proponents through fees for service. Endorsing the Municipality of Brockton resolution would fly in the face of the foregoing Agreements which have been in place for over a decade and are working well. We hope the foregoing is of some assistance to council and staff in their deliberations. Yours truly, ~/) e( f2 ~Well r ~~ ' Chief Administrative Officer JRPlklt cc G. Wood, Chief Administrative Officer, Lake Simcoe Region CA cc 1. Macnab, Chief Administrative Officer, Kawartha Region CA cc B. Denney, Chief Administrative Officer, Toronto and Region CA cc L. Laliberte, General ManagerlSecretary- Treasurer, Ganaraska Region CA cc Mayor Marilyn Pearce, Township of Scugog cc Chair and Members, CLOCA Board of Directors s:\Russ\Dec6-07 Kim Coates, Scugog.doc 828 CfNJl1gtnn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 21, 2008 Resolution #: Report #: EGD-003-08 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2007. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report EGD-003-08 be received for information. Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services a~~~ Reviewed by: Franklin Wu . Chief Administrative Officer ASC*RP*bb January 10, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 901 REPORT NO.: EGD-003-08 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of DECEMBER 2007, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF DECEMBER 2007 2006 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2007-2006 Residential 54 $11,680,958 53 $7,550,528 54.7% Industrial 2 $197500 1 $80,000 146.9% Government 0 $0 0 $0 N1A Commercial 6 $5,045,000 1 $220,000 2,193.2% Institutional 1 $10,000 0 $0 N/A Agricultural 2 $303,808 0 $0 N/A Demolition 0 $0 1 $0 N1A TOTAL 65 $17,237,266 56 $7,850,528 119.6% 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 917 $161,671,583 866 $150,360,880 7.5% 15 . Industrial $6,829,300 25 $45,519,666 -85.0% Government '3 $152,000 6 $16,815,000 -99.1% Commercial 60 $21,481,529 58 $16,726,495 28.4% Institutional 14 $4,818,980 28 $4,422,641 9.0% Agricultural 28 $6,694,735 17 $1,400,571 378.0% Demolition 36 $0 45 $0 N/A TOTAL 1,073 $201,648,127 . 1,04 $235,245,253 -14.3% 902 REPORT NO.: EGD-003-08 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 I Applicant 1424687 ONTARIO LIMITED LAB NO DEVELOPMENTS CORP Construction Type Location Automobile Sales & Service 29 SPICER SQUARE, BOWMANVILLE (HONDA) Interior Alterations (Shoppers Drug) Pole Bam Value $4,500,000 WARREN STAPLETON 570 LONGWORTH AVENUE, . BOWMANVILLE 3,030 STAPLETON ROAD, CLARKE $400,000 $278,808 903 REPORT NO.: EGD-003-08 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "DECEMBER" and ''YEAR TO DATE". Dwelling Unit Type "DECEMBER" 2007 6 Semi- Detached 13% . Single Detached 40 . Semi-Detached 6 CI Townhouse 0 [J Apartment 0 Dwelling Unit Type ."YEAR TO DATE 200r 102 Townhous e 16% 434 SilgIe Detached 66% . Single Detached 434 . Semi-Detached 116 CI Townhouse 1 02 CI Apartment 3 The following is a historical comparison of the building permits issued for the month of "DECEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of '"DECEMBER" $20,000,000 $15,000 ,000 $10,000,000 $5,000,000 $0 2007 2006 .Value $17,237,266 $7,850,528 2005 $5,864,729 $240,000,000 . $230,000,000 $220,000,000 $21 0,000,000 $200,000,000 $190,000,000 $180,000,000 Historical Data "YEAR TO DATE" 2007 2006 2005 . Value $201,648,127 $235,245,253 $203,220,114 904 REPORT NO.: EGD-003-Ga PAGE 5 PERMIT REVENUES 2007 2006 December Year to Date December Year to Date I PERMIT FEES $116,505 $1,541,659 $66,720 $1,650,013 INSPECTION SERVICES 2007 2006 December Year to Date December Year to Date Building Inspections 366 5,831 424 5,929 Plumbing & Heating Inspections 409 5,892 367 5,196 Pool Enclosure Inspections 0 0 0 0 TOTAL 775 11,723 791 11,125 NUMBER OF NEW RESIDENTIAL UNITS 2007 2006 December Year to Date December Year to Date Single Detached 40 434 30 414 Semi-Detached 6 116 0 100 Townhouse 0 102 10 72 Apartments 0 3 0 275 TOTAL 46 655 40 861 905 REPORT NO.: EGD-003-08 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2007 (to end of 2006 2006 2004 2003 2002 2001 2000 1999 1998 1997 AREA December) Bowmanvllle 451 608 307 587 468 345 312 188 184 313 423 Courtlce 82 126 241 173 180 133 129 231 296 254 295 Newcastle 77 84 202 191 123 131 76 110 78 4 5 Wilmot Creek 16 . 15 15 25 29 38 24 19 21 33 21 Orono 1 1 1 2 0 1 0 0 1 0 0 Darlington 6 7 14 15 13 17 47 102 31 14 19 Clarke 11 12 13 10 16 15 9 17 17 12 20 Burketon 0 0 1 1 1 1 0 1 0 1 ~ Enfield 0 0 0 0 0 0 0 0 0 0 3 Ennlsklllen 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 1 0 0 1 0 3 2 0 1 0 0 Kirby 0 0 0 0 0 0 0 0 0 0 1 Le~kard 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 Comers 1 0 0 1 0 0 0 0 0 0 0 Newtonvllle 2 2 4 5 3 3 0 3 1 0 0 Sollna 6 3 3 3 3 1 1 0 0 0 1 Tyrone 0 0 0 0 3 9 3 0 0 0 0 TOTALS 655 860 802 1,015 843 701 609 679 640 636 801 . 906 Cl!Wllgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 21, 2008 Resolution #: Report #: EGD-004-08 File #: By-law #: Subject: MUNICIPAL ACCESS AGREEMENTS BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND ROGERS CABLE COMMUNICATIONS, INC. AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND BELL CANADA Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-004-08 be received; 2. THAT the Mayor and Clerk be authorized to execute a Municipal Access Agreement between the Corporation of the Municipality of Clarington and Bell Canada; and 3. THAT the Mayor and Clerk be authorized to execute a Municipal Access Agreement between the Corporation of the Municipality of Clarington and Rogers Cable Communications Inc. Respectfully by, c);--eQ~~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A.S. Cannella Director of Engineering Services ASC/NAC/jo January 8, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 907 Report #EGD-004-08 Page 2 1.0 BACKGROUND 1.1 With the rapid telecommunications growth over the last decade, municipalities such as Clarington have been inundated with location approvals within our public road allowances. Although municipal consent fees are charged for this, there is no formal Agreement with binding terms and conditions. 1.2 To address this issue, York Region and Durham Region formed a committee of local municipalities in 1999 to pool knowledge and financial resources toward preparing a model Municipal Access Agreement (MAA). The "YorklDurham Utility Coordinating Group" (YDUGC) then hired a consultant to research background issues and prepare the draft model Agreement. Their fees were then distributed on a pro rata basis of population to each m4nicipality. 1.3 One complication was a decision by the Canadian Radio and Telecommunications Commission (CRTC) in 2001. In their decision 2001-23, the CRTC ruled that the City of Vancouver did not have the authority to dictate arbitrary fees and conditions to a telecommunication company Ledcor. Although not legally binding on other Municipalities, the "Ledcor" decision set the stage for a new relationship between telecommunication providers and municipalities. 1.4 With this ruling in mind, the YDUCG worked for several years on establishing a model Agreement that would maintain municipal authority and standards while providing a framework and fee structure that would accommodate the telecommunications companies. The YDUCG agreed that each municipality would negotiate their own, and were free to modify the model Agreement as deemed fit for their particular municipality. 1.5 Telecom providers such as Rogers Communications Inc. (Rogers) and Bell Canada (Bell) were approached to endorse the model MAA's but due to disagreement with numerous clauses, a stalemate occurred. Some municipalities have not pursued negotiations while others have been aggressively pursuing a win-win resolution. Clarington has been one of the 908 Report #EGD-004-08 Page 3 leaders in this regard. Negotiations were undertaken simultaneously with Bell and Rogers (in order to have consistency) and after 2 years of vigorous negotiations, Agreements have been reached (Attachments 1 & 2). The Agreements protect the Municipality's best interests while protecting the business needs of Bell and Rogers. Customer services goals for each of us are also achieved. Some highlights: · Clarington retains complete authority over municipal access · Simplified fee structure (annualj · Simplified Road Occupancy Permit structure · Three (3) year warranty on workmanship · Pavement degradation fees · As-built documentation/locate service provided by BelVRogers · Improved cost sharing formulas for plant relocation · Accountability from BelVRogers to correctly install/locate plant · Provision for security deposits if deemed necessary by the Director 1.6 It was important for Clarington to negotiate with Bell and Rogers simultaneously, in order to have matching agreements for ease of use. With the exception of a few administrative clauses required for each company, the two agreements are virtually the same. 1.7 Both Agreements have been reviewed and endorsed by the Municipality's solicitor, the Municipality's Treasurer and the Durham Insurance Pool. 1,8 It should be noted that due to the complexity of the issues, very few of nineteen (19) municipal members in the YDUCG have completed agreements with both major telecommunications providers (Bell and Rogers). The Municipality of . Clarington will be among the first municipalities to have successfully achieved this aspect of control over our public highways. 909 Report #EGO-004-08 Page 4 Attachments: Attachment 1 - Bell Agreement Attachment 2 - Rogers Agreement . 910 .r t. ATTACHMENT NO.:1 REPORT NO.: EGO-o04-08 MUNICIPAL ACCESS AGREEMENT ACCESS TO M6NICIPAL RIGHTS-OF-WAY This Agreement made the day of ,2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON (the "Municipality") - and - BELL CANADA (the "Company") WHEREAS the Company is a Canadian camer as defined in Section 2 of the Telecommunications Act, S.C. 1993, c. 38, as amended or is a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act, S.C. 1991, c. 11, as amended (collectively "Canadian carrier") ; AND WHEREAS, in order to operate as a Canadian carrier, the Company is required to perform Work and operate its Plant in, on, over, under, across or along the Municipality's Rights-of-Way; AND WHEREAS, the Company requires the Municipality's consent to perform such Work and operate such Plant, in on, over, under, across or along the Municipality's Rights-of-Way; AND WHEREAS the Municipality is willing to pennit the use of its Rights-of-Way where, in its judgement, such use will not interfere with its own service requirements and the 911 .\ (.. 2 public use of the Rights-of-Way including the consideration of functionality, safety and any rights or privileges previously conferred or hereafter conferred by the Municipality by contract or otherwise on others not parties to this Agreement to use any of the Rights-of-Way; AND WHEREAS the Municipality and the Company have agreed that it would be mutually beneficial to outline the terms and conditions pursuant to which said consent shall be obtained; NOW THEREFORE in consideration of the mutual terms, conditions and covenants herein contained, the Municipality and the Company each agree with each other as follows: DEFINITIONS 1. In this Agreement, the following words and phrases shall have the following meanings: (a) "Affiliate" means "affiliate as defined in the Canada Business Corporations Act; (b) "Agreement" means this Municipal Access Agreement, complete with Schedules A and B; (c) "Director" means the Municipality's Director of Engineering, or the person designated by him or her; (d) "Emergency" means an unforeseen situation where immediate action must be taken to preserve public health, safety or urgent service; (e) "Hazardous Substance" means any hazardous substance and includes, but is not limited to, electromagnetic or other radiation, petroleum products or bi-products, industrial wastes, contaminants, pollutants, dangerous substances, and toxic substances~ as defined in or pursuant to any law, ordinance, rule, regulation, bylaw or code, whether federal, provincial or municipal; (t) "Municipal Consent" means the written approval of the Director, with or without conditions, for access to and use of the Municipality's Rights-of-Way; 912 ~\ ,. (1) (m) 3 (g) "Plant" means.any of the Company's wires, fibre optic cables, ducts, manholes poles, cables, pipes, conduits, pedestals, antennas, vaults, support structures or other related facilities or Structures (but does not include structures such as towers or walk in cabinets) located or planned, as identified on a permit application submitted to the Municipality, to be located in the Right of Way; (h) "Right-of-Way" or "Rights-of-Way" means any highway, street, road allowance, lane, bridge or viaduct under the jurisdiction of the Municipality; (i) "Road Occupancy Pennif' means a pennit issued by the road authority of ~e Municipality for the purpose of authorizing the commencement and undertaking of . Work in a Right-of- Way; (j) "Service Drop" means Plant that by its design, capacity and relationship to the overall Plant of the Company, can be reasonably considered to be for the sole purpose of connecting the Plant to not more than a single customer of a single family residence or to a commercial or multiple dwelling building point; (k) "Subsurface Utility Engineering" means the generic process of locating underground facilities using locating techniques at varying levels of accmacy; "Licensee" means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof that attaches their plant to or places their plant in the Company's Plant under an agreement with the Company but does not include direct users of the Company's services; and "Work" means, but is not limited to, activities related to the Company's installation, construction, maintenance, testing, operation, repair, replacement, relocation, removal, adjustment or other alteration of Plant in, on, over, along; under,. above or across any Right-of-Way, including the excavation, repair and restoration of the Right-of-Way. 913 .. ,. 4 USE OF RIGHTS-OF-WAY 2. The Municipality hereby agrees to permit the Company the use of any Right-of-Way for the purpose of the Company completing it's Work, subject to the terms and conditions set out in this Agreement and the approved Municipal Consent, and in accordance with all applicable federal, provincial and municipal statutes, laws and by-laws or other rules, regulations, policies, standards and guidelines pertaining to the application and use of the Right-of-Way or the Plant, provided that said provincial and municipal statutes, laws and by-laws or other rules and regulations are not in conflict with the applicable federal statutes or regulations, or this Agreement 3. The Company shall not use any Rights-of-Way in whole or in part for any purpose other than that permitted under this Agreement, unless otherwise agreed to or permitted by the Municipality. APPROVAL OF DIRECTOR 4. Subject to 4.1 and 4.2, the Company, its employees, contractors, representatives or agents shall not enter, excavate, break up or otherwise break the smface of any Right-of-Way for the purpose of its Work without first: (a) Obtaining a Road Occupancy Permit and, if applicable, an approved Municipal Consent in accordance with Schedule A of this Agreement; and (b) Providing detailed construction design' drawings when required due to the nature of the Work, to the satisfaction of the Director; and (c) Prior to commencing any Work, the Company shall obtain all applicable permits from the Municipality and other regulatory agencies. 4.1 In cases where the Company's Work consists of minor maintenance procedures or other routine activities which do not disrupt the surface of the Right-of-Way, the Director may, at his or her sole discretion, elect to waive the fonnal procedures for obtaining a Road Occupancy Permit, in consideration of a mutually agreed procedure such as email 914 t, 5 notification. Such procedure must be agreed to annually in writing by the Director, and will only be considered where the Company has established a history of excellent communication and service with the Municipality, and adhering to permit conditions. 4.2 The requirements of this section may be waived in the event of an Emergency, provided the Company notifies the Municipality, adheres to all other provisions of this Agreement, and subsequently satisfies the requirements of this section within five (5) business days. 5. The Company acknowledges and agrees that the Municipality may refuse to grant approval with regard to any proposed location for reasons of aesthetics, public health and safety, conflicts with the Municipality's infrastructure, proposed road reconstruction or the proper functioning of public services identified by the Director. The Municipality may also withhold their approval where the Company has failed to rectify any default under the terms of this Agreement, subject to the Company's rights under the Telecommunications Act. 6. NotWithstanding Section 4, the Company its employees, contractors, representatives or agents may carry out routine maintenance and field testing, without the Municipal Consent of the Municipality but with the applicable Road Occupancy Permit, provided that in no case shall the Company carry out any physical disruption or change to the surface of a Right-of-Way or the use of the Right-of-Way. MANNER OF WORK 7. The Company agrees that its Work shall be subject to the following conditions: (a) All Work, including backfill materials, methods and compaction shall be conducted and completed to appropriate Municipal standards, to the satisfaction of the Director, at the Director's sole discretion, and in accordance with applicable industry standards; (b) The portions of the Plant which cross beneath streets or existing buried utility plant shall be placed in a duct, carrier pipe or be encased in concrete or as otherwise specified by the Director; (c) If the Company breaks or disturbs the surface of a Right-of-Way, it shall repair and restore the surface of the Right-of-Way to substantially the same or better condition it 915 . 6 was in before such Work was undertaken by the Company in accordance with, without limitation, the Municipality's policies and standards, as amended from time to time, and to the satisfaction of the Director. Such restoration shall be completed immediately upon completion of the Work. Both parties agree that such restoration may be temporary, until such time as weather or seasonal conditions permit. Where such weather or seasonal conditions are not a factor, and if the Company fails to repair and restore a Right-of-Way to the satisfaction of the Director within seventy- two (72) hours of being notified in writing by the Municipality, the Municipality may complete such repairs and charge all costs related thereto to the Company. (d) Notwithstanding the notice period of subsection 7(c), in the event of an Emergency relating to the Company's Work or Plant, the Municipality may take any appropriate measures detennined necessary by the Director, to re-establish a safe and functional environment. In cases where the emergency is caused by the Company's Work or Plant, the Company agrees to reimburse all directly related costs to the Municipality. (e) If the Municipality requires the Company's Work to be stopped because it is not confonning to the requirements of the applicable approved Municipal Consent or is being carried out contrary to the terms and conditions of this Agreement or for any reasonable cause relating to public health and safety or special events identified by the Municipality, or as a result of any circumstances beyond the control of the Municipality as expressed by the Director, acting reasonably,. the Company shall cease all such Work forthwith upon receipt of written notice from the Municipality (which shall include the reason for such action) and leave the site and all adjoining Right-of-Ways in a safe and clean condition The Company shall be allowed to resume its Work activities once the reasons for the Work stoppage have been resolved to the satisfaction of the Director, in writing; (t) The Company shall be responsible for all excavation, installation, repair, maintenance, replacement or removal of the Plant including the cost of such Work when such Work is initiated by the Company; and 916 7 (g) All contractors working for the Company shaH have proper identification visible on site displaying the name of the Company they are working for. THE COMPANY'S WARRANTIES 8. The Company represents and warrants to and covenants and agrees with the Municipality that: (a) After completion of its Work, the Company shall leave the Right-of-Way in a sanitary, neat, clean, and safe condition and free from nuisance, all to the satisfaction of the Director; (b) The Company warranties its restoration Work of the Right-of-Way to the satisfaction of the Municipality, for a period ofthr<< (3) years from the date of completion; (c) If, as permitted by this Agreement, the Agreement is terminated by the Municipality, all the unfulfilled covenants, indemnities and obligations of the Company herein shall survive such termination. (d) Where the Municipality requests additional capacity in order to minimize future disruption to the Right-of-Way and provided such does not unduly delay the Company's project, the Company agrees to install up to two (2) additional ducts not exceeding thirty (30) meters in length per location. Such requests shall be made by the Municipality in writing at the time of Municipal Consent. The Municipality shall pay only for the incremental costs of supplying and placing such additional ducts, which shall thereafter be owned by the Municipality. Where the Municipality requires additional capacity to resolve existing constraints, to specifically benefit an imminent project or to satisfy a request they have received from a third party, then the Company and the Municipality agree to share costs proportionally, including engineering and design costs. The Municipality shall be solely responsible to recover its costs from any third parties making such a request to them. 917 8 THE MUNICIPALITY'S WARRANTY 9. The Municipality has made no representations or warranties as to the state of repair of the Rights-of-Way or the suitability of the Rights-of-Way for any business, activity or purpose whatsoever and the Company hereby agrees to accept the Rights-of-Way on an "as is" basis. AS-CONSTRUCTED DRAWINGS 10. When requested by the Municipality at the time of Municipal Consent, the Company shall provide "as-constructed" drawings at its expense. All such requested "as-constructed" drawings shall be submitted to the Municipality within three (3) months ofinstallation of the Plant, in hard copy or digital format and shall include all necessary details, to the satisfaction of the Director. In exchange for waiving the requirement to provide "as- constructed" drawings to the Municipality for every project, the Company agrees to provide accurate, timely locates of their Plant, as outlined in Section 11. In addition, where Plant is suspected or found to be in an unapproved location, the Company agrees to provide or acquire "as-constructed" information without delay, to the satisfaction of the Director, to assist in detemrining a course of action as outlined in Section 20 of this Agreement. PLANT LOCATES 11. The Company agrees to identify, verify and validate the location of all existing Plant to the Municipality, or its consultants, as required for the design of the Municipality's maintenance or new construction projects at the Company's cost, in the following order of priority: (a) Design plans, once received by the Company shall be marked up and returned to the Municipality or its consultant no later than fifteen (15) business days after receipt of such drawings; (b) The Company and the Municipality shall meet to discuss potential design and construction conflicts, upon request, and work to resolve them; (c) Where the Municipality and the Company are unable to detennine if the proposed project design is susceptible to a conflict based on the infonnation provided by the 918 9 Company as to the location of the existing Plant, the Company shall undertake a field investigation to verify the accurate location of the Plant at no cost to the Municipality or its consultants. If, for design purposes, the level of accuracy of such locating methods is deemed insufficient by the Municipality, the Municipality may request the Company pursue alternate methods which may include daylighting or other subsurface utility engineering methods. Since the Company will be responsible for damages due to incorrect or insufficient locates as detailed in Section 13, the Company shall detennine the extent and degree of locating that shall be completed. Where such increased levels of locating methods are employed by the Company, they will be provided by the Company at no cost to the Municipality or their cOnsultants. Due to the costs involved, both parties agree to limit daylighting requests to areas of potential conflict and to work together cooperatively to avoid unnecessary costs. 12. In cases of Emergency, the Company shall, at no cost to the Municipality, provide locates of its Plant within two (2) hours of receiving a request, using reasonable best efforts. In the case of an emergency, the party requesting the locate will either have a repreSentative on site or provide a contact number for a representative, in order to ensure the locates can be completed in the affected area. In all other circumstances the Company will provide Plant locations within a time reasonably agreed upon by the Company and the Municipality. COST RECOVERY DlJE TO CONFLICTS WITH PLANT 13. Where the Company's mark-up drawings, locates or actual Plant location are found to be inconsistent with the approved location, or if the method or level of locating provided by the Company did not accurately locate their Plant, and where the Municipality may incur any direct or indirect costs as a result of the actual location of the Company's Plant, the Municipality shall immediately notify the Company. If the Company is unable to rectify the problem in a reasonable time commensurate with the situation, the Company will compensate the Municipality for any reasonable and verifiable additional costs which the Municipality incurs as a direct result of inaccurate or insufficient locates. The Municipality agrees to make every effort in the field to minimize these costs to the Company. 919 10 14. The Company and the Municipality shall provide to each other a list of 24 hour emergency contact personnel available at all times and shall ensure that the aforementioned list is kept current. 15. The Company agrees to consider participating in a common utility locate notification syStem recommended by the Municipality, where feasible. The Company further agrees to participate in any utility co-ordination committees involving all users of the Rights-of-Ways as may be established or as requested by the Municipality and to contribute to the reasonable costs of such committees. 16. The Company shall use reasonable efforts to coordinate Work in the Rights-of-Way and share the use of support structures with other service providers occupying and using or . intending to occupy or use the Right-of-Way, with the intent of minimizing the necessity for road cuts, construction and the placement of additional support. structures in the Right-of- Way. RELOCATION OF PLANT 17. Upon receipt of not less than sixty (60) dayS written notice from the Municipality, or such additional advance notice as is reasonable, having regard to the nature of the relocation required, the Company shall relocate its Plant within a Right-of- Way, or perfonn any other Work in connection with the Right-of-Way as may be required by the Municipality for municipal purposes. 18. In cases of Emergency, both parties agree to work co-operatively and apply commercially reasonable best efforts to relocate Plant immediately as directed by the _ Director, acting reasonably, provided that in cases of Emergency, the Municipality may take any measures deemed necessary that may be required in the circumstances by the nature of the Emergency. 19. The Municipality will make a good faith effort to provide alternative suggestions for re- routing the Plant affected by the relocation or adjustment to assist the Company in its efforts to ensure uninterrupted service to its customers. 920 ~ 11 20. The responsibility for the costs incurred in relocating the Company's Plant or performing such Work referenced above will, for the pwposes of this Agreement, be based upon the following, and shall comprise all directly related relocation costs including labour, labour saving devices and materials in kind. The Company agrees to make every effort to minimize the costs to the Municipality. (a) For relocation costs for Plant installed after the execution of this Agreement, the following sliding scale shall apply: Plant installed subject to Municipal Consent between the Company and the Municipality within four (4) years of the consent approval being granted for the installation of such Plant, the Municipality will be responsible for all reasonable relocation costs. For subsequent years, the Municipality will be responsible for the following percentage of reasonable relocation costs: YearS 75% Year 6 50% Year 7 25% YearS 0% For the purpose of this section, the date to be used for calculating the relocation costs will be the date of the Municipal Consent. The Municipal Consent date associated with any Plant installed in or attached to the Company's support structures shall be the Municipal Consent date for the constrQction of the Company's supportstructure(s). (b) For all Plant requiring relocation which has been installed prior to this Agreement, the cost to the Municipality for relocating Plant shall be based on the methodology outlined in the Public Service Works on Highways Act, RSO 1990; 921 12 (c) The Company will provide to the Municipality a written estimate for each relocation in a fonnat clearly identifying the percentages and dates being applied to each part of the Company's Plant for the purpose of calculating relocation costs; (d) In the case where the Municipality cannot guarantee an ultimate location for the proposed Plant due to the Municipality's capital works plan, or because of projects scheduled within the Municipality's five or ten year capital works plan, the Municipality's location consent may be considered conditional, and the Company may be required to relocate its Plant at its full cost, even if such relocation is required less than seven years since the pennit was issued; (e) Subject to 20 (f), in the case where the Company's Plant is found to be in non- compliance with any aspect of the approved location, the cost for relocating the Plant will be paid for by the Company. The Municipality will, to the best of its ability, avoid unnecessary relocations and agrees to work with the Company to weigh relocation alternatives, but reserves the right to request such relocation as required; 922 ~ 13 (f) In the case where the Company's Plant is found to be inconsistent with the approved location as identified in Section 13, that portion of relocation costs attributable to the Plant in non-compliance with the approved location will be paid by the Company. 21. Both parties agree that special circumstances may arise with respect to specific location approvals whereby it may be appropriate for the parties to mutually agree to waive the above-noted provisions and to negotiate alternative arrangements. These alternative arrangements shall be agreed upon in writing. 22. In no event shall the Company charge the Municipality, nor shall the Municipality be responsible for costs incurred by, or charged to Licensees to relocate their Plant installed on or in the Company's Plant, unless the Municipality has an agreement with such Licensees for alternate arrangements. 23. The relocation of Plant requested by parties other than the Municipality or those not required for Municipal purposes, shall be at the discretion of the Company acting reasonably and all of the costs of such relocations will be charged directly to the party requesting such relocation. An agreement in writing by each party to assume responsibility for all such relocation costs shall be required prior to commencing any of the associated relocation Work. All relocations requested under this section, shall be subject to obtaining Municipal Consent and all other applicable permits. 24. If the Company fails to complete the relocation or removal of the Plant in accordance with this Agreement or fails to repair and restore the Rights-of- Way or do anything else required pursuant to this Agreement in a timely and expeditious manner to the satisfaction of the Director, acting reasonably, the Municipality may, at its option complete such relocation, removal, repair or restoration. The Company shall pay the cost of such relocation, repair, removal, restoration or other Work to the Municipality forthwith plus an overhead equal to fifteen percent (I 5%) of such cost. In default of payment thereof, the amount of such cost 923 14 with interest equal to the prime lending rate of the Municipality's principal financial institution carrying on business in the Municipality shall be due and payable by the Company. INDEMNIFICATION AND LIABILITY 25. The Municipality shall not be responsible, either directly or indirectly, for any damage to the Plant howsoever caused by the public or by third parties, or that may occur during excavation, installation, maintenance or removal by the Company except for any claims arising from the negligence or wilful misconduct by the Municipality or those for whom it is in law responsible. The Municipality shall be liable to the Company or for those whom it is in law responsible, for any and all losses, claims, charges, damages and expenses whatsoever suffered by the Company on account of any actions or omissions of the Municipality, its Chair, Council members, officers, employees, contractors, agents, successors and assigns working in, under, over, along, upon and across a Right-of-Way, except for any claims arising from the negligence or wilful misconduct by the Company or those for whom it is in law responsible. 26. The Company covenants and agrees to indemnify, defend and save harmless the Municipality, its Chair, Council members, officers, employees, contractors, agents, successors and assigns from and against all losses, claims, including claiins for injurious affection, 'charges, damages and expenses which the Municipality may at any time or times bear, sustain or suffer, by reason, howsoever caused, or on aecount of the design, placement, installation, relocation, maintenance or use of the Plant, in, on, under, over, along or across a Right-ofWay except for any claims arising from the negligence or wilful misconduct of the Municipality or those for whom it is in law responsible working in, under, over, along, upon and across its Right-of-Way, and the Company shall, upon demand by the Municipality and at its own sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Municipality on any such claim, demand or cause of action, and will pay and satisfy any judgement or decree which may be rendered against the Municipality in any such suit, action or other legal proceeding, 924. 15 and shall reimburse the Municipality for any and all reasonable legal expenses on a solicitor-client basis incurred in connection therewith. The Company's obligation to indemnify, defend and save harmless the Municipality shall survive tlle tennination of this Agreement. (a) If the Municipality becomes aware of any claim to which the Company's indemnity as set out above or elsewhere in this Agreement applies, the Municipality will promptly, once becoming aware of the claim, advise the Company in writing. The Municipality will provide reasonable particulars, to the extent of the Municipality's knowledge, of the factual basis for the claim and the amount of the claim. (b) With respect to any third party claim, the Company shall assume control of the negotiation, settlement or defence of the claim. The Municipality may participate in the proceedings thereafter at its own expense. ( c) If the Company does not assume and continue control of the defence of any third party claim within thirty (30) business days of the initial written notice of the claim from the Municipality, then the Municipality shall have the exclusive right to contest, sett1~ or pay the amount claimed, and shall have the right to recover all amounts in full from the Company. (d) Where the Company assumes control of any third party claim, the Company has the right to settle the claim on such terms and conditions as are acceptable to the Company and the Municipality, and will provide and execute such releases or such other documentation as may be necessary to complete the settlement of such claim. 27. Despite anything contained in this Agreement, the Municipality and the Company shall not be liable to each other in any way for special, incidental, indirect or consequential losses, including damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement or with the Plant or the Right-of-Way, even if advised thereof. 925 16 TERM 28. The initial term of this Agreement shall be five (5) years, commencing on the first day of the month following the date in which the Agreement is executed, and shall automatically renew for additional five (5) year periods upon the same terms and conditions contained herein, including payment of the annual fee, unless terminated by either party, in writing, at least thi~ (30) days prior to the expiry of the term. However, if the Agreement is terminated, then, subject to the Company's rights under the Telecommunications Act, all rights and privileges hereunder shall come to an end, provided that notwithstanding such termination the Company shall continue to be liable to the Municipality for all payments due for permits fees and any costs for relocations according to the terms outlined in this Agreement, and for other obligations incurred hereunder prior to the date of such termination including providing timely locate services, relocations, maintaining and repairing its Plant, and keeping insurance in place as described in Section 39 herein. Despite any such termination, the Plant will continue to be the property of the Company and the Company shall be permitted to continue to maintain, test, repair and operate its Plant for as long as necessary as determined in the sole discretion of the Company, except where deemed abandoned as described in Section 52. These provisions shall survive termination of this Agreement PAYMENT OF FEES 29. The Company covenants and agrees to pay to the Municipality fees calculated in accordance with the Municipality's schedule of fees and charges as amended from time to time by mutual agreement and calculated in accordance with Schedule "A" in this Agreement. 30. The Company covenants and agrees to pay a pavement degradation fee for any road cut as outlined in Schedule "B" of this Agreement. 31. The Company acknowledges and agrees that the fees payable pursuant to this Agreement relate to Road Occupancy Permits, Municipal Consents and Pavement Degradation fees only, and are exclusive of any fees and charges that may be applied by the Municipality with respect to any other permits required for the Company's Work. 926 17 LEGISLATIVE CHANGE 32. If at any time subsequent to the entering into of this Agreement the Provincial or Federal government or a regulatory authority, acting within its jurisdiction, enacts or repeals any legislation or regulation, or orders, directs or mandates anything which pertains to the subject matter of this Agreement then either party may notify the other of its intention to require the other party to enter into good faith negotiations to amend this Agreement, or to enter into a new agreement reflecting such legislative or regulatory action or court or tribunal decision, as the case may be, within thirty (30) days after written notice (the "Notice") from the notifying party and any newly mandated terms and conditions, charges or fees pursuant to such new or amended agreement will take effect from the date upon which the Notice expires. If the parties are unable to re-negotiate the terms and conditions of this Agreement then the unresolved matters may, within thirty (30) days prior written notice from the requesting party, be referred by the party to arbitration for resolution, in accordance with the Ontario Arbitration Act, as amended or its successor legislation, or to the CRTC. Subject to the right to request arbitration, if an amendment to this_Agreement or a new agreement is not reached within ninety (90) days from the date on which the Notice was received, either party may terminate this Agreement without further notice and both parties shall fulfil their respective obligations thereafter in accordance with this Agreement. SECURITY 33. The Company agrees to post a ''blanket'' irrevocable letter of credit, or other form of security acceptable to the Municipality, at a value and term determined by the Municipality to ensure all restoration costs and obligations are met. (Notwithstanding the above, the Municipality reserves the right to acquire additional securities for significant projects beyond the scope of the original irrevocable letter of credit). Should the Municipality draw on this ''blanket'' security, the Company shall immediately reinstate the security to the original value in effect at the time of drawing. If the Company does not agree with the value of said ''blanket'' security, it may alternatively post an individual irrevocable letter of credit 927 18 for each application for the Municipality's consent in a form acceptable to the Municipality, in an amount equal to any and all restoration costs as determined by the Director. The individually posted letters of credit shall be released once the conditions of the applicable Municipal Consent and this Agreement have been fulfilled to the satisfaction of the Director. In the event that the Company has and/or maintains an excellent business relationship with the Municipality, the Director may, at his sole discretion, waive or reduce the requirement for securities under this section. 34. The Company agrees that the Municipality may draw on securities held, to complete the unfulfilled obligations of the Company under this Agreement. DEFAULT 35. The Municipality and the Company mutually agree that should the Company materially fail to carry out any of the terms, covenants and conditions contained herein or default in any of its obligations under the terms hereof and fail within thirty (30) days after receiving written notice from the Municipality to correct any such failure, then this Agreement may, at the option. of the Municipality be terminated by giving written notice to be effective upon receipt, provided that the Company shall continue to be liable to the Municipality for all payments due and obligations incurred under the Agreement prior to such tennmation. 36. Despite section 35, this Agreement may be terminated immediately and without prior notice by the Municipality in the event that: (a) the Company becomes insolvent, makes an assignment for the benefit of its creditors, has. a liquidator, receiver or trustee in bankruptcy appointed for it or becomes voluntarily subject as a debtor to the provisions of the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act, as amended from time to time, or any successor legislation; (b) the Company transfers, assigns, or sublicenses any part or all of its interest in this Agreement other than in accordance with the provisions of this Agreement, or attempts to do same; 928 19 (c) the Company ceases to operate as a Canadian carrier within the meaning of the Telecommunications Act or to be licensed as a distribution undertaking within the meaning of the Broadcasting Act, pursuant to the Telecommunications Act or the Broadcasting Act as amended from time to time, or any successor ~egislation; or (d) The Company violates any law or by-law in connection with the use of a Right-of- Way and fails to remedy the violation to the satisfaction of the Director, acting reasonably, in an expedient manner. ASSIGNMENT 37. This Agreement may be sublicensed, granted, transferred or assigned: (a) By the Municipality or the Company in its entirety, to a single sublicensee, grantee, transferee or assignee wlth the other's prior consent in writing, which consent shall not be unreasonably withheld; or (b) By the Company during the term of this Agreement without the Municipality's prior consent in writing; i. Upon having first given notice to the Municipality of the sublicense, grant, transfer or assignment; and ii. Provided the sublicensee, grantee, transferee or assignee is an affiliate of the Company within the meaning of the Canada Corporations Act as amended from time to time; and (c) Despite the sublicense, grant, transfer or assignment of this Agreement by the Company, the Company will remain fully responsible to the Municipality for fulfillment of the obligations and liabilities of the Company described in this Agreement regardless of whether the obligations or liabilities arise out of any acts or omissions by the sublicensee, grantee, transferee or assignee, but only until such time as the sublicense, grantee, transferee or assignee enters into a separate agreement with the Municipality. 929 ,..- 'I 20 (d) The Company may pledge the license granted by this Agreement as security without the consent of the Municipality to any person directly or indirectly providing financing to the Company but such pledge shall not release the Company from its obligations and liabilities under this Agreement. NO OWNERSHIP RIGHTS 38. No use of a Right-of-Way under this Agreement shall create or vest in the Company any ownership or property rights in a Right-of-Way, and the Company shall be and remain a mere non-exclusive occupant of the Right-of-Way. Placement of the Plant in a Right-of- Way shall not create or vest in the Municipality any ownership or property rights to the Plant, except as provided in this Agreement. INSURANCE 39. The Company shall maintain insurance in sufficient amount and description as will protect the Company and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Company's operations in the Municipality under this Agreement, including without limitation, the use or maintenance of the Plant on or in the Rights-of- Way or any act or omission of the Company's agents or employees while engaged in its Work and such coverage shall include all costs, charg~ and expenses reasonably incurred with any injury or damage. In addition to the foregoing the Company covenants and agrees as follows: (a) The Company shall maintain at its expense during the teon of this Agreement comprehensive general liability occurrence-based insurance coverage with an insurer licensed to sell insurance in Ontario covering claims and expenses for liability for personal injury, bodily injury and property damage in an amount not less than Five Million ($5,000,000.00) Dollars per occurrence and name the Municipality as an additional insured to the extent of the Company's negligence or wilful misconduct and the insurance. Such insurance may be composed in combination of primary and excess (umbrella) insurance policies; 930 21 (b) The insurer shall have an AM Best rating of at least A-; (c) All policies shall provide that they are primary insurance which will not call into contribution any other insurance available to the Municipality. Such insurance shall not be cancelled or materially changed to the detriment of the Municipality, acting reasonably, without at least thirty (30) business days notice to the Municipality; (d) The insurance coverage required under this Agreement shalI not be construed to, and shall in no manner, limit or restrict the Company's liability or obligations under this Agreement; and . (e) Forthwith upon the execution of this Agreement, the Company shall provide the Municipality with certificates of insurance evidencing the insurance coverage required by this Agreement and thereafter provide renewals of such insurance coverage as required. NOTICES 40. Any notice required or pennitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Clarington 40 Temperance St Bowmanville, Ontario LtC 3A6 Attention: A.S. Cannella, Director of Engineering Tel: 905-623-3379 Fax: 905-623-9282 and to the Company at the following address: BELL CANADA Manager - External Liaison 100 Dundas Street Floor 4 P London, Ontario N6A 4L6 931 " 22 Tel: 519-663-6401 Fax: 519-673-3869 Any notice may also be given by prepaid registered mail. mailed within the Province of Ontario and such notice shall be effective five (5) business days following the date of mailing, except in the event that there shatl be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. GENERAL 41. This Agreement is the entire agreement between the Municipality and the Company regarding the subject of this Agreement. This Agreement may only be amended or supplemented by a document executed in writing by both the Municipality and the Company. 42. This Agreement benefits and binds the Municipality and the Company and the successors of each of them. The Company shall ensure that its employees, contractors, representatives and agents abide by the applicable terms and conditions of this Agreement when completing any Work or fulfilling any obligations herein on behalf of the Company. 43. If any term of this Agreement is found to be invalid, illegal, or unenforceable by a court. having the jurisdiction to do so, that term is to be considered to have been severed from this Agreement and this Agreement remains in force unaffected by that finding or by the severance of that term. 44. This Agreement creates contractual rights only between the Municipality and the Company and not an interest in the Rights-of-Way and the Company covenants and agrees with the Municipality that the Company shall cease and desist from any registration of this Agreement or of any right howsoever arising under it. 932 ... 1 o' 23 45. No amendments or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly provided. 46. In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 47. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada which may be applicable to a party in the Province of On.tario and both parties irrevocably attorn to the jurisdiction of the Courts of the Province o(Ontario. TIME OF ESSENCE 48. Each party agrees that it shall at all times act reasonably in the performance of its . obligations and the exercise of its rights under this Agreement. Furthermore, time shall be of the essence in this Agreement. TREES . 49. The Company is responsible for the costs of any remedial work required to rehabilitate any trees damaged in the performance of its Work permitted by this Agreement or, in the event any trees suffer. irreparable damage, the Company shall compensate the Municipality for the reasonable value of the trees as detennined by the Municipality. REMOVAL OF GRAFFITI SO. The Company shall take all reasonable measures, to the satisfaction of the Municipality, to clean, remove or conceal graffiti or other unauthorized markings in a timely manner from its Plant. In this regard, the Company will within forty-eight (48) hours notice from the Municipality remove or conceal all graffiti from its Plant. In the event that the Company does not remove or conceal the graffiti in accordance with this section, the Municipality may take such steps as it deems reasonable and necessary to remove or conceal the said graffiti and shalI charge the cost of the removal or concealment to the Company. 933 " '1. 24 ENVIRONMENTAL LIABILITY 5 I, The Municipality is not r~sponsible, either directly or indirectly, for any damage to property, including any nuisance or injury to any person, howsoever caused, including death, arising from the escape, discharge, spill or release or any Hazardous Substance resulting from the Company's use of the Rights-of-Way. The foregoing release shall not extend to any loss, damage, injury or death caused by the gross negligence or wilful misconduct of the Municipality, its employees, agents, contractors or those other persons for whom the Municipality is in law responsible. The Company agrees to assume all environmental liabilities relating to its use of the Rights- of-Way including but not limited to any liability for clean-up of any Hazardous Substance on or under the Rights-of-Way which result from: (a) the operations of the Company in, on, under, over, above, along or across the Rights- of-Way, or (b) any Plant brought in, on, under, above, over, along, or across the Rights-of-Way by the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company. The Municipality agrees to provide notice to the Company of any liability arising under this provision in a reasonable period of time after the occurrence. ABANDONMENT 52. Whenever the Company ceases to use, and does not expect to use (abandons), any portion of their Plant in, on, under, over, along or across a Municipal Right-of-Way, it shall notify the Municipality of the location of such abandonment within ninety (90) days. At any time after receiving notification of abandonment when directed in writing by the Municipality, the Company shall remove said Plant and restore the area to substantially the same condition at the Company's sole expense and within a time frame agreed to by the parties. Where the Municipality prefers to assume ownership of abandoned Plant rather than require its 934 1i .- 25 removal, the Company agrees to sell such Plant, or any portion of it to the Municipality for a nominal fee of two dollars ($2). The Director may also request that the Company confirm the use, or potential use of any Plant that appears abandoned. Where this cannot be reasonably demonstrated, the Municipality may, after providing written notice thereof and confinning such Plant is inactive and has been inactive for at least ninety (90) days, have such Plant removed at the expense of the Company_ LICENSEE ACKNOWLEDGEMENT 53. The Company agrees that it shall provide in its agreements with Licensees utilizing any portion of the Plant, an acknowledgement and agreement by those Licensees that the use of the Plant is subject to the tenns of this Agreement, which may be renewed or terminated, and that they shall comply, at their sole expense, with all applicable laws, statues, by-laws, codes, ordinances, rules, orders and regulations of all governmentat authorities, and that the Licensee shall obtain and maintain any and all pennits, licenses, official inspections or any other approvals and consents necessary or required for the placement or operation of the Licensee's equipment WORKERS' SAFETY AND INSURANCE BOARD COVERAGE 54. The Company shall pay to the appropriate provincial Workers Safety and/or Insurance Board/Commission all assessments and levies owing to the Board/Commission by the Company, its employees and others engaged in providing services under this Agreement and any unpaid assessment or levy shall be the sole responsibility of the Company. Prior to commencing the Work, the Company shall provide to the Director evidence of compliance with the requirements of the Province of Ontario with respect to Workers' Compensation Insurance. 55. The Company's employees, workers, agents, contractors and servants shall, at all times be required to comply with the rules of the Worker's Compensation Act, the Ontario Occupational Health and Safety Act and Regulations, The Canada Labour Code Part II as 935 . .. " , 26 they apply to the Company, its employees and contractors, or any amendments or additions thereto, and when applicable, all by-laws, regulations and rules which apply to performance of Work on public highways or private property which relate to the safety of workers and the public when performing Work related to this Agreement. 56. If the Municipality becomes involved in a charge, offence, prosecution, civil litigation or any other legal proceedings under or related to the O.H.S.A. or any regulations under the O.H. SA. aris~g out of or related to a breach of the Agreement by the Company or the Company's performance or lack of performance of the Agreement or the Company's violation of the O.H.S.A or any regulations thereunder, then the Company shall be fully liable for, indemnify and pay the Municipality's fine, penalty, judgement, debt, damages and reasonable legal fees and disbursements limited to the extent of negligence of the Company and those over whom it is responsible in law. 57. The Company acknowledges that out-of-province contractors are not exempt from having to register and comply with the requirements of the Workers' Safety and Insurance Board of Ontario. Prior to commencing the Work, out-of-province contractors not required to be registered in Ontario shall provide: (a) written confirmation from the Workers' Safety and Insurance Board of Ontario stating that the contractor is not required to be registered in Ontario; and (b) evidence of compliance with the requirements of the province or territory or place of business with respect to workers' compensation insurance. At any time during the term of this Agreement, when requested to do so by the Municipality, the Company shall provide such evidence of compliance by itself and its subcontractors. Failure to provide satisfactory evidence in respect of workers' compensation insurance may result in current pennits being suspended andlor future permits being denied by the Municipality until satisfactory evidence of compliance has been received by the Director. 936 . , , 27 . IN WITNESS WHEREOF the parties hereto have executed this Agreement by their duly authorized representatives. ) THE (MUNICIPALITY) ) ) ) ) ) ) ) ) ) ) ) ) ) Per: Per: THE COMPANY Per: ) ) ) ) 4.~/ '--'" - amie Nightingale General Manager, Network Provisioning I have the authority to bind the Corporation. 937 ~ . ' r. Schedule A Municipal Consent Permits and Fees TYPE OF WORK CONSENT ROAD acc. MUNICIPAL FEE PERMIT? CONSENT? MAINTENANCE: -testing, checking, verifying equipment N.A. No No -simple routine technical maintenance -brief boulevard access not damaging grass or affecting traffic/pedestrians SHORT PERMIT: -extended boulevard access or access exceeding limitations noted above *Yes Yes No -placIng buried service wires -extension of existing services less than 20m, no pavement encroachment -non-disruptive new cable pulling -exploratory dayllghting or test pits -other small or singular installations LONG PERMIT: -extension of existing services exceeding 20m **Yes Yes Yes -any work encroaching into pavement -new subdivision work -any work not listed under Maintenance/Short Permit * Short Permits $25 each. (Annual base MAA fee of $5,000 includes first 100 Short Permits.) Next 400 Short Permits $15 each. Permits beyond 500 annually $7 each. - Long Permits $405 each per street, (includes 20m into adjacent streets). Notes: 1 Type of Permit (MainUShortllong Permits) shall be at the sole discretion of the Director, based on the above factors. 2 An all inclusive annual fee may be offered by the Director to the Company on an annual basis, based on past volumes of work. Such fee does not include any undisclosed extraordinary projects. Where accepted, such annual fee is payable In advance. . For the purposes of this Agreement, the Company agrees to pay an annual fee in the amount of Fifteen Thousand Dollars ($15,000) which represents the Municipality's base MAA fee, anticipated causal costs, inclusive of all Road Occupancy, Short and Long Permit fees, administration, review, coordination, inspection and the Company's contribution to any Municipal co-ordination committee processes. 938 .. . . {'" Schedule B Pavement Deqradation Compensation The following pavement degradation compensation shall be payable by the Company to the Municipality where the Company disrupts the Municipality's pavement. The Company agrees to pay such fees in accordance with the estimated age of the pavement, as determined at the sole discretion of the Director. Pavement aged 15 years or less: $24/sq. metre Pavement aged 16 years or more: $12/sq. metre 939 I~ . { ~ ATTACHMENT NO.:2 REPORT NO.: EGD-004-08 MUNICIPAL ACCESS AGREEMENT ACCESS TO M~CIPAL RIGHTS-OF-WAY This Agreement made the 1 st day of December, 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON (the "Municipality") ~ and - ROGERS CABLE COMMUNICATIONS INC. (the "Company") WHEREAS the Company is a Canadian camer as defined in Section 2 of the Telecommunications Act, S.C. 1993, c. 38, as amended or is a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act, S.C. 1991, c. 11, as amended (collectively "Canadian carrier") ; AND WHEREAS, in order to operate as a Canadian carrier, the Company is required to perfonn Work and operate its Plant in, on, over, under, across or along the Municipality's Rights-of-Way; AND WHEREAS, the Company requires the Municipality's consent to perfonn such Work and operate such Plant, in on, over, under, across or along the Municipality's Rights-of-Way; AND WHEREAS the Municipality is willing to pennit the use of its Rights-of-Way where, in its judgement, such use will not interfere with its own service requirements and the public use of the Rights-of-Way including the consideration of functionality, safety and any rights or privileges previously conferred or hereafter conferred by the Municipality by contract or otherwise on others not parties to this Agreement to use any of the Rights-of- Way; 940 ~ll 2 AND WHEREAS the Municipality and the Company have agreed that it would be mutually beneficial to outline the terms and conditions pursuant to which said consent shall be obtained; NOW THEREFORE in consideration of the mutual tenns, conditions and covenants herein contained, the Municipality and the Company each agree with each other as follows: DEFINITIONS 1. In this Agreement, the following words and phrases shall have the following meanings: (a) "Affiliate" means "affiliate as defined in the Canada Business Corporations Act; (b) "Agreement" means this Municipal Access Agreement, complete with Schedules A and B; (c) "Director" means the Municipality's Director of Engineering, or the person designated by him or her; (d) "Emergency" means an unforeseen situation where immediate action must be taken to preserve public health, safety or urgent service; (e) "Hazardous Substance" means any hazardous substance and includes, but is not limited to, electromagnetic or other radiation, petroleum products or bi-products, industrial wastes, contaminants, pollutants, dangerous substances, and toxic substances, as defmed in or pursuant to any law, ordinance, rule, regulation, bylaw or code, whether federal, provincial or municipal; (f) "Municipal Consent" means the written approval of the Director, with or without conditions, for access to and use of the Municipality's Rights-of-Way; (g) "Plant" means any of the Company's wires, fibre optic cables, ducts, manholes poles, cables, pipes, conduits, pedestals, antennas, vaults, support structures or other related facilities or structures (but does not include structures such as towers or walk: in 941 \, \ ~ cabinets) located or planned, as identified on a permit application submitted to the Municipality, to be located in the Right of Way; (h) "Right-of-Way" or "Rights-of-Way" means any highway, street, road aIIowance, lane, bridge or viaduct under the jurisdiction of the Municipality; (i) "Road Occupancy Pennit" means a permit issued by the road authority of the Municipality for the purpose of authorizing the commencement and undertaking of Work in a Right-of-Way; (j) "Service Drop" means Plant that by its design, capacity and relationship to the overall Plant of the Company, can be reasonably considered to be for the sole purpose of connecting the Plant to not more than a single customer of a single family residence or to a commercial or multiple dwelling building point; (k) "Subsurface Utility Engineering" means the generic process of locating underground facilities using locating techniques at varying levels of accuracy; (1) "Licensee" means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof that attaches their plant to or places their plant in the Company's Plant under an agreement with the Company but does. not include direct users of the Company's services; and (m) "Work" means, but is not limited to, activities related to the Company's installation, construction, maintenance, testing, operation, repair, replacement, relocation, removal, adjustment or other alteration of Plant in, on, over, along, under, above or across any Right-of-Way, including the excavation, repair and restoration of the Right-of-Way. 942 I' I- 4 USE OF RIGHTS-OF-WAY 2. The Municipality hereby agrees to permit the Company the use of any Right-of-Way for the purpose of the Company completing it's Work, subject to the tenns and conditions set out in this Agreemerit and the approved Municipal Consent, and in accordance with all applicable . federal, provincial and municipal statutes, laws and by-laws or other rules, regulations, policies, standards and guidelines pertaining to the application and use of the Right-of-Way or the Plant, provided that said provincial and municipal statutes, laws and by-laws or other rules and regulations are not in conflict with the applicable federal statutes or regulations, or this Agreement. 3. The Company shall not use any Rights-of-Way in whole or in part for any purpose other than that pennitted under this Agreement, unless otherwise agreed to or pennitted by the Municipality. APPROVAL OF DIRECTOR 4. Subject to 4.1 and 4.2, the Company, its employees, contractors, representatives or agents shall not enter, excavate, break up or otherwise break the surface of any Right-of-Way for the purpose of its Work without first: (a) Obtaining a Road Occupancy Permit and, if applicable, an approved Municipal Consent in accordance with Schedule A of this Agreement; and (b) Providing detailed construction design drawings when required due to the nature of the Work, to the satisfaction of the Director; and (c) Prior to commencing any Work, the Company shall obtain all applicable permits from the Municipality and other regulatory agencies. 4.1 In cases where the Company's Work consists of minor maintenance procedures or other routine activities which do not disrupt the surface of the Right-of-Way, the Director may, at his or her sole discretion, elect to waive the fonnal procedures for obtaining a Road Occupancy Pennit, in consideration of a mutually agreed procedure such as emaiI 943 1..., 5 notification. Such procedure must be agreed to annually in writing by the Director, and will only be considered where the Company has established a history of excellent communication and service with the Municipality, and adhering to permit conditions. 4.2 The requirements of this section may be waived in the event of an Emergency, provided the Company notifies the Municipality, adheres to all other provisions of this Agreement, and subsequently satisfies the requirements of this section within five (5) business days. 5. The Company acknowledges and agrees that the Municipality may refuse to grant approval' with regard to any proposed location for reasons of aesthetics, public health and safety, conflicts with the Municipality's infrastructure, proposed road reconstJUction or the proper functioning of public services identified by the Director. The Municipality may also withhold their approval where the Company has failed to rectify any default under the tenns of this Agreement, subject to the Company's rights under the Telecommunications Act. 6. Notwithstanding Section 4, the Company its employees, contractors, representatives or agents may carry out routine maintenance and field testing, without the Municipal Consent of the Municipality but with the applicable Road Occupancy Permit, provided that in no case shall the Company carry out any physical disruption or change to the surface of a Right-of-Way or the use of the Right-of-Way. MANNER OF WORK 7. The Company agrees that its Work shall be subject to the following conditions: (a) All Work, including backfill materials, methods and compaction shall be conducted and completed to appropriate Municipal standards, to the satisfaction of the Director, at the Director's sole discretion, and in accordance with applicable industry standards; (b) The portions of the Plant which cross beneath streets or existing buried utility plant shall be placed in a duct, carrier pipe or be encased in concrete or as 'otherwise specified by the Director; (c) If the Company breaks or disturbs the surface of a Right-of-Way, it shall repair and restore the surface of the Right-of-Way to substantially the same or better condition it 944 I' . 6 was in before such Work was undertaken by the Company in accordance with, without limitation, the Municipality's policies and standards, as amended from time to time, and to the satisfaction of the Director. Such restoration shall be completed immediately upon Completion of the Work. Both parties agree that such restoration may be temporary, until such time as weather or seasonal conditions permit Where such weather or seasonal conditions are not a factor, and if the Company fails to repair and restore a Right-of-Way to the satisfaction of the Director within seventy- two (72) hours of being notified in writing by the Municipality, the Municipality may complete such repairs and charge all costs related thereto to the Company. (d) Notwithstanding the notice period of subsection 7(c), in the event of an Emergency relating to the Company's Work or Plant, the Municipality may take any appropriate measures detennined necessary by the Director, to re-establish a safe and functional envirorunent. In cases where the emergency is caused by the Company's Work or Plant, the Company agrees to reimburse all directly related costs to the Municipality. (e) If the Municipality requires the Company's Work to be stopped because it is not conforming to the requirements of the applicable approved Municipal Consent or is being carried out contrary to the terms and conditions of this Agreement or for any reasonable cause relating to public health and safety or special events identified by the Municipality, or as a result of any circumstances beyond the control of the Municipality as expressed by the Director, acting reasonably, the Company shall cease all such Work forthwith upon receipt of written notice from the Municipality (which shall include the reason for such action) and leave the site and all adjoining Right-of- Ways in a safe and clean condition. The Company shall be allowed to reswne its Work activities once the reasons for the Work stoppage have been resolved to the satisfaction of the Director, in writing; (f) The Company shall be responsible for all excavation, installation, repair. maintenance, replacement or removal of the Plant including the cost of such Work when such Work is initiated by the Company; and 945 \ . 7 (g) All contractors working for the Company shall have proper identification visible on site displaying the name of the Company they are working for. THE COMPANY'S WARRANTIES 8. The Company represents and warrants to and covenants and agrees with the Municipality that: (a) After completion of its Work, the Company shall leave the Right-of-Way in a sanitary, neat, clean, and safe condition and free from nuisance, all to the satisfaction of tlie Director; (b) The Company warranties its restoration Work of the Right-of-Way to the satisfaction of the Municipality, for a period of three (3) years from the date of completion; (c) If, as pennitted by this Agreement, the Agreement is tenninated by the Municipality, all the unfulfilled covenants, indemnities and obligations of the Company herein shall survive such tennination. (d) Where the Municipality requests additional capacity in order to minimize future disruption to the Right-of-Way and provided such does not unduly delay the Company's project, the Company agrees to install up to two (2) additional ducts not exceeding thirty (30) meters in length per location. Such requests shall be made by the Municipality in writing at the time of Municipal Consent. The Municipality shall pay only for the incremental, costs of supplying and placing such additional ducts, which shall thereafter be owned by the Municipality. Where the Municipality requires additional capacity to resolve existing constraints, to specifically benefit an imminent project or to satisfy a request they have received from a third party, then the Company and the Municipality agree to share costs proportionally, including engineering and design costs. The Municipality shall be solely responsible to recover its costs from any third parties making such a request to them. 946 8 THE MUNICIPALITY'S WARRANTY 9. The Munic~pality has made no representations or warranties as to the state of repair of the Rights-of-Way or the suitability of the Rights-of-Way for any business, activity or purpose whatsoever and the Company hereby agrees to accept the Rights-of-Way on an "as is" basis. AS-CONSTRUCTED DRAWINGS 10. When requested by the Municipality at the time of Municipal Consent, the Company shall provide "as-constructed" drawings at its expense. All such requested "as-constructed" drawings shall be submitted to the Municipality within three (3) months ofinstallation of the Plant, in hard copy or digital format and shall include all necessary details, to the satisfaction of the Director. In exchange for waiving the requirement to provide uas_ constructed" drawings to the Municipality for every project, the Company agrees to provide accurate, timely locates of their Plant, as outlined in Section 11. In addition, where Plant is suspected or found to be in an unapproved location, the Company agrees to provide or acquire "as-constructed" infonnation without delay, to the satisfaction of the Director, to assist in determining a course of action as outlined in Section 20 of this Agreement. PLANT LOCATES II. The Company agrees to identify, verify and validate the location of all existing Plant to the Municipality, or its consultants, as required for the design of the Municipality's maintenance or new construction projects at the Company's cost, in the following order of priority: (a) Design plans, Once received by the Company shall be marked up and returned to the Municipality or its consultant no later than fifteen (15) business days after receipt of such drawingS; (b) The Company and the Municipality shall meet to discuss potential design and construction conflicts, upon request, and work to resolve them; (c) Where the Municipality and the Company are unable to determine if the proposed project design is susceptible to a conflict based on the information provided by the 947 9 Company as to the location of the existing Plant, the Company shall undertake a field investigation to verify the accurate location of the Plant at no cost to the Municipality or its consultants. If, for design purposes, the level of accuracy of such locating methods is deemed insufficient by the Municipality, the Municipality may request the Company pursue alternate methods which may include daylighting or other subsurface utility engineering methods. Since the Company will be responsible for damages due to incorrect or insufficient locates as detailed in Section 13, the Company shall detennine the extent and degree of locating that shall be completed. Where such increased levels of locating methods are employed by the Company, they will be provided by the Company at no cost to the Municipality or their consultants. Due to the costs involved, both parties agree to limit daylighting requests to areas of potential conflict and to work together cooperatively to avoid unnecessary costs. 12. In cases of Emergency, the Company shall, at no cost to the Municipality, provide locates of its Plant within two (2) hours of receiving a request, using reasonable best efforts. In the case of an emergency, the party requesting the locate will either have a representative on site or provide a contact number for a representative, in order to ensure the locates can be completed in the affected area. In all other circumstances the Company will provide Plant locations within a time reasonably agreed upon by the Company and the Municipality. COST RECOVERY DUE TO CONFLICTS WITH PLANT 13. Where the Company's mark-up drawings, locates or actual Plant location are found to be inconsistent with the approved location, or if the method or level of locating provided by the Company did not accurately locate their. Plant, and where the MunicipalitY may incur any direct or indirect costs as a result of the actual location of the Company's Plant, the Municipality shall immediately notify the Company. If the Company is unable to rectify the problem in a reasonable time commensurate with the situation, the Company will compensate the Municipality for any reasonable and verifiable additional costs which the Municipality incurs as a direct result of inaccurate or insufficient locates. The Municipality agrees to make every effort in the field to minimize these costs to the Company. 948 ! . 10 14. The Company and the Municipality shall provide to each other a list of 24 hour emergency contact personnel available at all times and shall ensure that the aforementioned list is kept current. 15. The Company agrees to consider participating in a common utility locate notification system recommended by the Municipality, where feasible. The Company further agrees to participate in any utility co-ordination committees involving all users of the Rights-of-Ways as may be established or as requested by the Municipality and to contribute to the reasonable costs of such committees. 16. The Company shall use reasonable efforts to coordinate Work in the Rights-of- Way and share the use of support structures with other service providers occupying and using or intending to occupy or use the Right-of-Way, with the intent of minimizing the necessity for road cuts, construction and the placement of additional support structures in the Right-of- Way. RELOCATION OF PLANT 17. Upon receipt of not less than sixty (60) days written notice from the Municipality, or such additional advance notice as is reasonable, having regard to the nature of the relocation required, the Company shall relocate its Plant within a Right-of-Way, or perform any other Work in connection with the Right-of-Way as may be required by the Municipality for municipal purposes. 18. In cases of Emergency, both parties agree to work co-operatively and apply commercially reasonable best efforts to relocate Plant immediately as directed by the Director, acting reasonably, provided that in cases of Emergency, the Municipality may take any measures deemed necessary that may be required in the circumstances by the nature of the Emergency. 19. The Municipality will make a good faith effort to provide alternative suggestio~ for re- routing the Plant affected by the relocation or adjustment to assist the Company in its efforts to ensure uninterrupted service to its customers. 949 1 ' 11 20. The responsibility for the costs incurred in relocating the Company's Plant or performing such Work referenced above will, for the purposes of this Agreement, be based upon the following, and shall comprise all directly related relocation costs incl uding labour, labour saving devices and materials in kind. The Company agrees to make every effort to minimize the costs to the MUnicipality. (a) For relocation costs for Plant installed after the execution of this Agreement, the following sliding scale shall apply: Plant installed subject to Municipal Consent between the Company and the Municipality within four (4) years of the consent approval being granted for the installation of such Plant, the Municipality will be responsible for all reasonable relocation costs. For subsequent years, the Municipality will be responsible for the following percentage of reasonable relocation costs: YearS 75% Year 6 50% Year 7 25% Year 8 0% For purpose of this section, th~ date to be used for calculating the relocation costs will be the date of the Municipal Consent. The Municipal Consent date associated with any Plant installed in or attached to the Company's support Structures shall be the Municipal Consent date for the construction of the Company's support structure(s). (b) For all Plant requiring relocation which has been installed prior to this Agreement, the cost to the Municipality for relocating Plant shall be based on the methodology outlined in the Public Service Works on Highways Act, RSO 1990. This applies only to Plant installed between January 1, 2000 and the date of this Agreement. Both 950 ~ 12 parties agree to revisit and, if appropriate, renegotiate this clause upon renewal of the Agreement; (c) The Company will provide to the Municipality a written estimates for each relocation in a fonnat clearly identifying the percentages and dates being applied to each part of the Company's Plant for the purpose of calculating relocation costs; (d) In the case where the Municipality cannot. guarantee an ultimate location for the proposed Plant due to the Municipality's capital works plan, or because of projects scheduled within the Municipality's five or ten year capital worles plan, the Municipality's location consent may be considered conditional, and the Company may be required to relocate its Plant at its fun cost, even if such relocation is required less than seven years since the pennit was issued; (e) In the case where the Company's Plant is found to be in non-compliance with any aspect of the approved location, the cost for relocating the Plant win be paid for by the Company. The Municipality will, to the best of its ability, avoid unnecessary relocations and agrees to work with the Company to weigh relocation alternatives, but reserves the right to request such relocation as required; (t) In the case where the Company's Plant is found to be inconsistent with the approved location as identified in Section 13, that portion of relocation costs attributable to the Plant in non-compIiance with the approved location will be paid by the Company. 21. Both parties agree that special circumstances may arise with respect to specific location approvals whereby it may be appropriate for the parties to mutually agree to waive the above-noted provisions and to negotiate alternative arrangements. These alternative arrangements shall be agreed upon in writing. 22. In no event shall the Company charge the Municipality, nor shaH the Municipality be responsible for costs incurred by, or charged to Licensees to relocate their Plant installed on 951 , 13 or in the Company's Plant, unless the Municipality has an agreement with such Licensees for alternate arrangements. 23. The relocation of Plant requested by parties other than the Municipality or those not required for Municipal purposes, shall be at the discretion of the Company acting reasonably and all of the costs of such relocations will be charged directly to the party requesting such relocation. An agreement in writing by each party to assume responsibility for all such relocation costs shall be required prior to commencing any of the associated relocation Work. All relocations requested under this section, shall be subject to obtaining Municipal Consent and all other applicable pennits. 24. If the Company fails to complete the relocation or removal of the Plant in accordance with this Agreement or fails to repair and restore the Rights-of-Way or do anything else required pursuant to this Agreement ina timely and expeditious manner to the satisfaction of the Director, acting reasonably, the Municipality may, at its option complete such relocation, removal, repair or restoration. The Company shall pay the cost of such relocation, repair, removal, restoration or other Work to the Municipality forthwith plus an overhead equal to fifteen percent (15%) of such cost In default of payment thereof, the amount of such cost with interest equal to the prime lending rate of the Municipality's principal financial institution carrying on business in the Municipality shall be due and payable by the Company. INDEMNIFICATION AND LIABILITY 25. The Municipality shall not be responsible, either directly or indirectly, for any damage to the Plant howsoever caused by the public or by third parties, or that may occur during excavation, installation, maintenance or removal by the Company except for any claims arising from the gross negligence or wilful misconduct by the Municipality or those for whom it is in law responsible. The Municipality shall be liable to the Company or for those whom it is in law responsible, for any and all losses, claims, charges, damages and expenses 952 J 14 whatsoever suffered by the Company on account of any actions or omissions of the Municipality, its Chair, Council members, officers, employees, contractors, agents, successors and assigns working in, under, over, along, upon and across a Right-of-Way, except for any claims arising from the negligence or wilful misconduct by the Company or those for whom it is in law responsible. 26. The Company covenants and agrees to indemnify, defend and save hannless the Municipality, its Chair, Council members, officers, employees, contractors, agents, successors and assigns from and against all losses, claims, including claims for injurious affection, charges, damages and expenses which the Municipality may at any time or times . bear, sustain or suffer, by reason, howsoever caused, or on account of the design, placement, installation, relocation, maintenance or use of the Plant, in, on, under, over, along or across a Right-ofWay except for any claims arising from the gross negligence or wilful misconduct of the Municipality or those for whom it is in law responsible working in, under, over, along, upon and across its Right-of-Way, and the Company shall, upon demand by the Municipality and at its.own sole risk and expense, defend any and all suits, actions or other legal proceedings which may be . brought or instituted by third persons against the Municipality on any such claim, demand or cause of action, and will pay and satisfy any judgement or decree which may be rendered against the Municipality in any such suit, action or other legal proceeding, and shall reimburse the Municipality for any and all reasonable legal expenses on a solicitor-client basis incurred in connection therewith. The Company's obligation to indemnify, defend and save harmless the Municipality shall survive the tennination of this Agreement (a) If the Municipality becomes aware of any claim to which the Company's indemnity as set out above or elsewhere in this Agreement applies, the Municipality will promptly, once becoming aware of the claim, advise the Company in writing. The Municipality will provide reasonable particulars, to the extent of the Municipality's knowledge, of the factual basis for the claim and the amount of the claim. 953 , (d) IS (b) With respect to any third party claim, the Company will have the right at its expense, to participate in or assume control of the negotiation, settlement or defence of the claim. (c) If the Company does not assume and continue control of the defence of any third party claim within fifteen (15) business days of the initial Written notice of the claim from the Municipality, then the Municipality shall have the exclusive right to contest, settle or pay the amount claimed, and shall have the right to recover all amounts in full from the Company. Where the Company assumes control of any third party claim, the Company has the right to settle the claim on such terms and conditions as are acceptable to the . Company and the Municipality, and will provide and execute such releases or such other documentation as may be necessary to complete the settlement of such claim. 27. Despite anything contained in this Agreement, the Municipality and the Company shall not be liable to each other in any way for special, incidental, indireCt or consequential losses, including damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement or with the Plant or the Right-of-Way, even if advised thereof. TERM 28. The initial tenn of this Agreement shall be five (5) years, commencing on the first day of the month following the date in which the Agreement is executed, and shall automatically renew for additional five (5) year periods upon the same tenns and conditions contained herein, including payment of the annual fee, unless tenninated by either party, in writing, at least thirty (30) days prior to the expiry of the tenn. However, if the Agreement is tenninated, then, subject to the Company's rights under the Telecommunications Act, all rights and privileges hereunder shall come to an end, provided that notwithstanding such tennination the Company shall continue to be liable to the Municipality for all payments due for permits fees and any costs for relocations according to the tenns outlined in this Agreement, and for other obligations incurred hereunder prior to the date of such 954 :. 16 tennination including providing timely locate services, relocations, maintaining and repairing its Plant, and keeping insurance in place as described in Section 39 herein. Despite any such tennination, the Plant will continue to be the property of the Company and the Company shall be pennitted to continue to maintain, test, repair and operate its Plant for as long as necessary as determined in the sole discretion of the Company, except where deemed abandoned as described in Section 52. These provisions shall survive termination of this Agreement. PAYMENT OF FEES 29. The Company covenants and agrees to pay to the Municipality fees calculated in accordance . with the Municipality's schedule of fees and charges as amended from time to time by mutual agreement and calculated in accordance with Schedule "A" in this Agreement. 30. The Company covenants and agrees to pay a pavement degradation fee for any road cut as outlined in Schedule "Bn of this Agreement. 31. The Company acknowledges and agrees that the fees payable pursuant to this Agreement relate to Road Occupancy Pennits, Municipal Consents and Pavement Degradation fees only, and are exclusive of any fees and charges that may be applied by the Municipality with respect to any other permits required for the Company's Work. LEGISLATIVE CHANGE 32. If at any time subsequent to the entering into of this Agreement the Provincial or Federal government or a regulatory authority, acting within its jurisdiction, enacts or repeals any legislation or regulation, or orders, directs or mandates anything which pertai~ to the subject matter of this Agreement then either party may notify the other of its intention to require the other party to enter into good faith negotiations to amend this Agreement, or to enter into a new agreement reflecting such legislative or regulatory action or court or tribunal decision, as the case may be, within thirty (30) days after written notice (the "Notice") from the notifying party and any newly mandated tenns and conditions, charges 955 ..'i 17 or fees pursuant to such new or amended agreement will take effect from the date upon which the Notice expires. If the parties are unable to re-negotiate the tenns and conditions of this Agreement then the unresolved matters may, within thirty (30) days prior written notice from the requesting party, be referred by the party to arbitration for resolution, in accordance with the Ontario Arbitration Act, as amended or its successor legislation, or to the CRTC. Subject to the right to request arbitration, if an amendment to this_Agreement or a new agreement is not reached within ninety (90) days from the date on which the Notice was received, either party may terminate this Agreement without further notice and both parties shall fulfil their respective obligations thereafter in accordance with this Agreement. SECURITY 33. The Company agrees to post a "blanket" irrevocable letter of credit, or other fonn of security acceptable to the Municipality, at a value and term detennined by the Municipality to ensure all restoration costs and obligations are met. (Notwithstanding the above, the Municipality reserves the right to acquire additional securities for significant projects beyond the scope of the original irrevocable letter of credit). Should the Municipality draw on this "blanket" security, the Company shall immediately reinstate the security to the original value in effect at the time of drawing. If the Company does not agree with the value of said "blanket" security, it may alternatively post an individual irrevocable letter of credit for each application for the Municipality's consent in a fonn acceptable to the Municipality, in an amount equal to any and all restoration costs as determined by the Director. The individually posted letters of credit shall be released once the conditions of the applicable Municipal Consent and this Agreement have been fulfilled to the satisfaction of the Director. In the event that the Company has and/or maintains an excellent business relationship with the Municipality, the Director may, at his sole discretion, waive or reduce the requirement for securities under this section. 34. The Company agrees that the Municipality may draw on securities held, to complete the unfulfilled obligations of the Company under this Agreement. 956 ~. 18 DEFAULT 35. The Municipality and the Company mutually agree that should the Company materially fail to carry out any of the tenns, covenants and conditions contained herein or default in any of its obligations under the tenns hereof and fail within thirty (30) days after receiving written notice from the Municipality to correct any such failure, then this Agreement may, at the option of the Municipality be terminated by giving. written notice to be effective upon receipt, provided that the Company shall continue to be liable. to the Municipality for all payments due and obligations incurred under the Agreement prior to such termination. 36. Despite section 35, this Agreement may be tenninated immediately and without prior notice by the Municipality in the event that: (a) the Company becOmes insolvent, makes an assignment for the benefit of its creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or becomes voluntarily subject as a debtor to the provisions of the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act, as amended from time to time, or any successor legislation; (b) the Company transfers, assigns, or sublicenses any part or all of its interest in this Agreement other than in accordance with the provisions of this Agreement, or attempts to do same; (c) the Company ceases to operate as a Canadian carrier within the meaning of the' Telecommunications Act or to be licensed as a distribution undertaking within the meaning of the Broadcasting Act, pursuant to the Telecommunications Act or the Broadcasting Act as amended from time to time, or any successor legislation; or (d) The Company violates any law or by-law in connection with the use of a Right-of- Way and fails to remedy the violation to the satisfaction of the Director, acting reasonably, in an expedient manner. 957 ...) 19 ASSIGNMENT 37. This Agreement may be sublicensed, granted, transferred or assigned: (a) By the Municipality or the Company in its entirety, to a single sublicensee, grantee, transferee or assignee with the other's prior consent in writing, which consent shall not be unreasonably withheld; or (b) By the Company during the tenn of this Agreement without the Municipality's prior consent in writing; I. Upon having first given notice to the Municipality of the sublicense, grant, transfer or assignment; and ii. Provided the sublicensee, grantee, transferee or assignee is an affiliate of the Company within the meaning of the Canada Corporations Act as amended from time to time; and (c) Despite the sublicense, grant, transfer or assignment of this Agreement by the Company, the Company will remain fully responsible to the Municipality for fulfillment of the obligations and liabilities of the Company described in this Agreement regardless of whether the obligations or liabilities arise out of any acts or omissions by the sublicensee, grantee, transferee or assignee, but only until such time as the sublicense, grantee, transferee or assignee enters into a separate agreement with the Municipality. (d) The Company may pledge the license granted by this Agreement as security without the consent of the Municipality to any person directly or indirectly providing financing to the Company but such pledge shall not release the Company from its obligations and liabilities under this Agreement NO OWNERSHIP RIGHTS 38. No use of a Right-of-Way under this Agreement shall create or vest in the Company any ownership or property rights in a Right-of-Way, and the Company shall be and remain a 958 . 20 mere non-exclusive occupant of the Right-of-Way. Placement of the Plant in a Right-of- Way shall not create or vest in the Municipality any ownership or property rights to the Plant, except as provided in this Agreement. INSURANCE 39. The Company shall maintain insurance in sufficient amount and description as will protect the Company and the Municipality from claims for bodily injury including death, and for claims from property damage which may arise from the Company's operations in the Municipality under this Agreement, including without limitation, the use or maintenance of the Plant on or in the Rights-of- Way or any act or omission of the Company's agents or employees while engaged in its Work and such coverage shall include all costs, charges and expenses reasonably incurred with any injury or damage. In addition to the foregoing the Company covenants and agrees as follows: (a) The Company shall maintain at its expense during the term of this Agreement comprehensive general liability occurrence-based insurance coverage with an insurer licensed to sell insurance in Ontario covering claims and expenses for liability for personal injury, "bodily injury and property damage in an amount not less than Five Million ($5,000,000.00) Dollars per claim exclusive of interest and costs and such insurance shall include th~ contractual obligations of the Company as stated within this Agreement and name the Municipality as an additional insured; (b) The Company shall complete any insurance certificate forms as required by the Municipality; (c) All policies shall provide that they are primary insurance which will not call into contribution any other insurance available to the Municipality, and shall provide a waiver of subrogation and for severability of interest. Such insurance shall not be cancelled or materially changed to the detriment of the Municipality, acting reasonably, without at least thirty (30) business days notice to the Municipality by registered mail; 959 ,a , . 21 (d) The insurance coverage required under this Agreement shall not be construed to, and shall in no manner, limit or restrict the Company's liability or obligations under this Agreement; and (e) Forthwith upon the execution of this Agreement, the Company shall provide the Municipality with certificates of insurance evidencing the insurance coverage required by this Agreement and thereafter provide renewals of such insurance coverage as required. NOTICES 40. Any notice required or pennitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Clarington 40 Temperance S1. Bowmanville, Ontario L1 C 3A6 Attention: A.S. Cannella, Director of Engineering Tel: 905-623-3379 Fax: 905-623-9282 and to the Company at the following address: Rogers Cable Communications Inc. 333 Bloor Street East, 9th Floor Toronto, Ontario M8Y 4G7 Attention: VP Regulatory, Municipal and Industry Relations Tel: 416-935-4818 Fax: 416-935-4655 With a courtesy copy to: Rogers Communications Inc. 333 Bloor Street East, 9th Floor Toronto, Ontario M8Y 4G7 Attention: VP and General Counsel Fax: 416-935-3548 960 ,. 22 Any notice may also be given by prepaid registered mail mailed within the Province of Ontario and such notice shall be effective five (5) business days foJlowing the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. GENERAL 41. This Agreement is the entire agreement between the Municipality and the Company regarding the subject of this Agreement. This Agreement may only be amended or supplemented by a document executed in writing by both the Municipality and the Company. 42. This Agreement benefits and binds the Municipality and the Company and the successors of each of them. The Company shall ensure that its employees, contractors, representatives and agents abide by the applicable terms and conditions of this Agreement when completing any Work or fulfilling any obligations herein on behalf of the Company. 43. If any term of this Agreement is found to be invalid, illegal, or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from this Agreement and this Agreement remains in force unaffected by that finding or by the severance of that term. 44. This Agreement creates contractual rights only between the Municipality and the Company and not an interest in the Rights-of-Way and the Company covenants and agrees with the Municipality that the Company shall cease and desist from any registration of this Agreement or of any right howsoever arising under it. 45. No amendments or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this 961 .' I \ 23 Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly provided. 46. In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 47. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada which may be applicable to a party in the Province of Ontario and both parties irrevocably attorn to the jurisdiction of the Courts of the Province of Ontario. TIME OF ESSENCE 48. Each party agrees that it shall at all times act reasonably in the performance of its obligations and the exercise of its rights under this Agreement. Furthennore, time shall be of the essence in this Agreement. TREES 49. The Company is responsible fOf the costs of any remedial work required to rehabilitate any trees damaged in the performance of its Work permitted by this Agreement or, in the event any trees suffer irreparable damage, the Company shall compensate the Municipality for the reasonable value of the trees as determined by the Municipality. REMOVAL OF GRAFFITI 50. The Company shall take all reasonable measures, to the satisfaction of the Municipality, to clean, femove or conceal graffiti or other unauthorized markings in a timely manner from its Plant. In this regard, the Company will within forty-eight (48) hours notice from the Municipality remove Of conceal all graffiti from its Plant. In the event that the Company does not remove or conceal the graffiti in accordance with this section, the Municipality may take such steps as it deems reasonable and necessary to remove or conceal the said graffiti and shall charge the cost of the removal or concealment to the Company. 962 J' .c. 24 ENVIRONMENTAL LIABILITY 51. ~e Municipality is not responsible, either directly or indirectly, for any damage to property, inc1udingany nuisance or injury to any person, howsoever caused, including death, arising from the escape, discharge, spill or release or any Hazardous Substance resulting from the Company's use of the Rights-of-Way. The foregoing release shall not extend to any loss, damage, injury or death caused by the gross negligence or wilful misconduct of the Municipality, its employees, agents, contractors or those other persons for whom the Municipality is in law responsible. The Company agrees to assume all environmental liabilities relating to its use of the Riglits- of-Way including but not limited to any liability for clean-up of any Hazardous Substance on or under the Rights-of-Way which result from: (a) the operations of the Company in, on, under, over, above, along or across the Rights- of- Way, or (b) any Plant brought in, on, under, above, over, along, or across the Rights-of-Way by the Company, its contractors>> agents or employees or by any person with the express or implied consent of the Company. The Municipality agrees to provide notice to the Company of any liability arising under this provision in a reasonable period of time after the occurrence. ABANDONMENT 52. Whenever the Company ceases to use, and does not expect to use (abandons), any portion of their Plant in, on, under, over, along or across a Municipal Right-of-Way, it shall notify the Municipality of the location of such abandonment within ninety (90) days. At any time after receiving notification of abandonment when directed in writing by the Municipality, the Company shall remove said Plant and restore the area to substantially the same condition at the Company's sole expense and within a time frame agreed to by the parties. Where the Municipality prefers to assume ownership of abandoned 'Plant rather than require its 963 .-t . . , .. I 25 removal, the Company agrees to seU such Plant, or any portion of it to the Municipality for a nominal fee of two doUars ($2). The Director may also request that the Company confirm the use, or potential use of any Plant that appears abandoned. Where this cannot be reasonably demonstrated, the Municipality may, after providing written notice thereof and confinning such Plant is inactive and has been inactive for at least ninety (90) days, have such Plant removed at the expense of the Company. LICENSEE ACKNOWLEDGEMENT 53. The Company agrees that it shall provide in its agreements with Licensees utilizing any portion of the Plant, an acknowledgement and agreement by those Licensees that the use of the Plant is subject to the terms of this Agreement, which may be renewed or terminated, and that they shall comply, at their sole expense, with all applicable laws, statues, by-laws, codes, ordinances, rules, orders and regulations of all governmental authorities, and that the Licensee shall obtain and maintain any and aU pennits, licenses, official inspections or any other approvals and consents necessary or required for the placement or operation of the Licensee's equipment. WORKERS' SAFETY AND INSURANCE BOARD COVERAGE 54. The Company shall pay to the appropriate provincial Workers Safety and/or Insurance Board/Commission all assessments and levies owing to the Board/Commission by the Company, its employees and others engaged in providing services under this Agreement and any unpaid assessment or levy shall be the sole responsibility of the Company. '\ Prior to commencing the Work, the Company shall provide to the Director evidence of compliance with the requirements of the Province of Ontario with respect to Workers' Compensation Insurance. 55. The Company's employees, workers, agents, contractors and servants shall, at all times be required to comply with the rules of the Worker's Compensation Act, the Ontario Occupational Health and Safety Act and Regulations, The Canada Labour Code Part II as they apply to the Company, its employees and contractors, or any amendments or additions 964 " . ~ 26 thereto, and when applicable, all by-laws, regulations and rules which apply to performance of Work on public highways or private property which relate to the safety of workers and the public when performing Work related to this Agreement. 56. If the MuniCipality becomes involved in a charge, offence, prosecution, civil litigation or . any other legal proceedings under or related to the O.H.S.A. or any regulations under the O.H. S.A. arising out of or related to a breach of the Agreement by the Company or the Company's performance or lack of perfonnance of the Agreem~t or the Company's violation of the O.H.S.A or any regulations thereunder, then the Company shall be fully . liable for, indemnify and pay the Municipality's fine, penalty, judgement, debt, damages and reasonable legal fees and disbursements limited to the extent of negligence of the Company and those over whom it is responsible in law. 57.. The Company acknowledges that out-of-province contractors are not exempt from having to register and comply with the requirements of the Workers' Safety and Insurance Board of Ontario. Prior to commencing the Work, out-of-province contractors not required to be registered in Ontario shall provide: (a) written confirmation from the Workers' Safety and Insurance Board of Ontario stating that the contractor is not required to be registered in Ontario; and (b) evidence of compliance with the requirements of the province or territory or place of business with respect to workers' compensation insurance. At any time during the term of this Agreement, when requested to do so by the Municipality, the Company shall provide such evidence of compliance by itself and its subcontractors. Failure to provide satisfactory evidence in respect of worlcers' compensation insurance may result in current permits being suspended and/or future permits being denied by the Municipality until satisfactory evidence of compliance has been received by the Director. 965 t' '\ ~ ~ , 27 IN WITNESS WHEREOF the parties hereto have executed this Agreement by their duly authorized representatives. ) THE MUNICIPALITY ) ) ) Per: ) ) ) Per: ) ) ) THE COMPANY ) ) ) Per: ) ) ) Per: PAM 0 I NSMORE VP REGULA roRY ) ) lEi ENGELHART " REBILATDR' LAI 966 .. ~' Schedule' A Municipal Consent Permits and Fees TYPE OF WORK CONSENT ROAD OCC. MUNICIPAl FEE PERMIT? CONSENT? MAINTENANCE: -testing, checking, verifying equipment N.A. No No -simple routine technical maintenance -brief boulevard access not damaging grass or affecting traffic/pedestrians SHORT PERMIT: -extended boulevard access or access exceeding limitations noted above '"Yes Yes No -placing buried service wires -extension of existing services less than 20m, no pavement encroachment -non-disruptive new cable pulling -exploratory daylighting or test pits -other small or singular installations LONG PERMIT: -extension of existing services exceeding 20m *'"Yes Yes Yes -any work encroaching into pavement -new subdivision work -any work not listed under Maintenance/Short Permit * Short Permits $25 each. (Annual base MAA fee of $5,000 includes first 100 Short Permits.) Next 400 Short Permits $15 each. Permits beyond 500 annually $7 each. ** Long Permits $405 each per street, (includes 20m into adjacent streets). Notes: 1 Type of Permit (MaintlShortlLong Permits) shall be at the sole discretion of the Director, based on the above factors. 2 An all inclusive annual fee may be offered by the Director to the Company on an annual basis, based on past volumes of work. Such fee does not include any undisclosed extraordinary projects. Where accepted, such annual fee is payable in advance. For the purposes of this Agreement, the Company agrees to pay an annual fee in the amount of Fifteen Thousand Dollars ($15,000) which represents the Municipality's base MAA fee, anticipated causal costs, inclusive of all Road Occupancy, Short and Long Permit fees, administration, review, coordination, inspection and the Company's contribution to any Municipafco-ordination committee processes. 967 . ( ~ ~ t., Schedule B Pavement Degradation Compensation The following pavement degradation compensation shall be payable by the Company to the Municipality where the Company disrupts the Municipality's pavement. The Company agrees to pay such fees in accordance with the estimated age of the pavement, as determined at the sole discretion of the Director. Pavement aged 15 years or less: $24/sq. metre Pavement aged 16 years or more: $121sq. metre 968 CI{JligglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 21,2008 Resolution #: Report #: EGD-00S-08 File #: By-law #: Subject: INTERSECTION OF ROSSWELL DRIVE AND SOUTHFIELD AVENUE COURTICE, REQUESTED ALL-WAY STOP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report EGO-00S-08 be received; 2. THAT the request for an all-way stop at the intersection of Rosswell Drive and Southfield Avenue be denied; and 3. THAT staff periodically monitor Southfield Avenue for speeds as part of the Traffic Watch Program and encourage residents to participate in the Road Watch Prog~m. . Respectfully I O~~~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services ASC/LJ8/jo January 9, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 969 Report #EGD-OOS-QS Page 2 1.0 BACKGROUND 1.1 A letter to the Municipality dated November 15, 2007 from Roger Allen of Southfield Avenue was received requesting consideration of an all-way stop as a method of controlling speeds on his street. A traffic study was subsequently conducted on November 28,2007. 2.0 COMMENT 2.1 Operatina Speeds On November 28,2007, staff used the municipal radar gun to accurately record and calculate average vehicle operating speeds of through traffic on Southfield Avenue. The results showed an average speed of 51.5 km/hr in a maximum 50 km/hr zone. The speeds are not unlike many other residential collector streets in Clarington and Durham Regiofl. While performing the study staff were able to obtain the plate numbers of the three top offenders and report them on line to Durham Regional Police as part of the Road Watch Program. As part of the program the registered owner will receive a warning letter from Durham Regional Police noting where they were observed and asking them to obey speed limits. Subsequent reports of the same plate number result in phone calls or visits from the police department. Two other residents of Southfield Ave have previously expressed speed concerns and borrowed the radar gun to check speeds on this street. During October 2007 a resident who borrowed the radar gun reported that after using it she saw that the actual speeds were much lower than expected. She had no plate numbers to report but advised she may wish to borrow the unit again in the future. Another resident who borrowed the radar gun previously did not report any high end offenders. In the letter Mr. Allen noted he did not need a radar gun but staff, police and the court systems would generally disagree. It is very difficult to estimate the operating speeds of vehicles and although staff would not disagree that some motorists are driving too fast, the vast majority are driving responsibly. Based on the speed study of November 28,2007, this location would not be considered a hot spot for regular police enforcement. The introduction of all-way stops only 970 Report #EGD-005-08 Page 3 affect operating speeds over a very short distance with the abilities of modern vehicles to accelerate and brake over shorter distances. Staff can add this location to the Traffic Watch locations to monitor and if a significant number of top end speeders are observed repeat visits will be made and Durham Regional Police notified of the results. 2.2 Motor Vehicle Collision Historv There have not been any recorded motor vehicle collisions at th is intersection to date. 2.3 Intersection Review Based on AII-wav Stop Volume Warrants Southfield Avenue and Rosswell Drive are both built as collector roadways which are intended to move traffic from low volume local streets towards higher volume arterial roadways. During 2005 Engineering Services worked closely with the (CTMAC) Clarington Traffic Management Advisory Committee to modify the provincial warrant for all- way stops, creating an in-house warrant that is more applicable to Clarington roadways. The -in-house modified warrant structure makes it less stringent/more permissive for collector and local roadways to meet warrants for an all-way stop by accepting lower traffic volumes, fewer peak hours and giving more recognition to unsupervised pedestrian crossings. These modified warrants are intended as a more relaxed guide for staff to evaluate intersections in an unbiased, uniform manner so that they can then make recommendations to Council. The warrants also provide Council with the assurance that the municipality is attempting to work with its residents in a consistent manner to balance efficient transportation with the needs of the local neighbourhood. Using the new modified warrants during early 2007 staff recommend the implementation of all-way stops at the intersections of Sandringham Drive at 971 Report #EGD-005-08 Page 4 Claret Road; Pebblestone Road at Trulls Road and Trulls Road at Avondale Drive where intersections with higher vehicle volumes, pedestrian activity or collisions would benefit from implementation of additional traffIC controls. As a result of the traffic study it was detennined that the average number of vehicles at the intersection Southfield Avenue and Rosswell Drive of 65 vehicles per hour is extremely low and is only 17% of the already reduced warrant level. Although residential development is continuing in Courtice with houses soon to be constructed to the area south of this intersection, volumes are expected to remain relatively low due to the number of entrance and exit points into the area. 2.4 Sioht Line and Other Improvements There were no sight line issues or other problems such as on-street parking noted which could contribute to future collisions. 3.0 CONCLUSION 3.1 Staff, working with the CTMAC, developed a modified all-way stop w~rrant policy to be used during intersection reviews by staff. This policy lowered the average intersection volume requirements for an all-way stop on collector roadways from the Provincial figure of 500, to only 375 but his intersection only has 65 vehicles or 17% of the reduced warrant. Staff cannot recommend this unwarranted all-way stop request. Staff encourage residents to borrow the radar gun and or report aggressive drivers through the Road Watch Program. Attachments: Attachment 1 - Key Map Interested parties: Roger Allen 972 I I I l Montague Avenue N , CD W~E > I I 'C Q - s 1 .. 0 \. a: Aylesworth Avenue -' ~,.... ~ 'TI1i 1 Southfield Avenue "--.~ ---- I I I / I Kersey Crescent ) " ! a: ) CD Ci ~ .s ., ! a.. n-iifC r~ -- Bloor St. n Legend ,;rmn 0 IgIl!H"II!"~~"8i ~ Requested All Way Stop 'nilnlilllllll'Il'U~ C . III II 1111111 outtifield, 7 . Existing Stop Signs ~ L'~E c::: ilIIlIl Subject 1WfffiWl1l\W!R Site ~~ r .,; ~ DRAWN BY: E.L. r DATE: January 11, 2008 '\ ~. [ CD Ci REPORT EGD-005-08 W ~ .-- i I KEY MAP ATTACHMENT NO.1 COURTICE l! G:\Attachments\SouthfieIdRossweIlSlop.mxd , a.. , 973 ClfJ!llJglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 21, 2008 Resolution #: Report #: EGD-006-08 File #: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A PORTION OF TWO SEPARATE UNOPEN ROAD ALLOWANCES SITUATED IN LOT 18, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-006-08 be received; 2. THAT Council authorize the publication of a notice of application that the. Municipality intends to pass a by-law to close that part of the unopen 4.88 metre wide road allowance situated immediately south of 49 Perry Avenue, Hampton, (Attachment No.1) and in Lot 18, Concession 5, Former Township of Darlington, pursuant to section 34 of the Municipal Act and By-Law No. 95-22; 3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with, Council pass a by-law and declare that portion of the 4.88 metre wide road allowance situated immediately south of 49 Perry Avenue, Hampton, to be surplus; 4. SUBJECT to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring the subject lands to be surplus, and authorizing the closure of the subject lands as a public highway and its conveyance to the applicant, Council pass the necessary by-laws to implement this report; . CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 974 Report #EGO-OOS-oa Page 2 5. THAT the request from Mr. Andy Meima to legally close the unopen portion of Edmonson Avenue (Attachment No.1) be denied; 6. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and 7 . THAT Mr. Andy Meima be advised of Council's decision. Respectfully by. o~~ Submitted by: A.S. Cannella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC~o November 16. 2007 975 Report #EGD-006-08 Page 3 1.0 BACKGROUND 1.1 Andy Meima is the owner of 7 separate parcels of land located in Lot 18, Concession 5, in the former Township of Darlington. The 7 parcels of land are situated immediately adjacent to 2 separate unopen road allowances owned by the Municipality. Andy Meima wishes to obtain title to both road allowances and has submitted a formal Application for Road Closure and Conveyance to the Municipality. Obtaining title to the unopen road allowances will allow Mr. Meima to consolidate the properties into a single larger parcel which will then have sufficient lot area to facilitate a building permit. 2.0 MUNICIPALITY POLICY AND PROCEDURES FOR ROAD CLOSURES 2.1 In accordance with the Municipality Policy and Procedure for Road Closures, the Application For Road Closure And Conveyance has been submitted to the Municipality and the Director has made a preliminary determination that one of the road allowances (an unopen 4.88 metre wide laneway) is not likely required for public highway purposes. The Director has also made a preliminary determination that the other road allowance (an unopen portion of Edmonson Avenue) will likely be required for public highway purposes in the future. The Policy and Procedure for Road Closure further states that the applicant must pay a non-refundable application fee, obtain consent of the abutting property owners, provide a draft reference plan, and pay appraisal, advertising, legal and land costs. The Municipality must, under By-Law 95-22, declare the land surplus and also determine whether the surplus property shall be sold by the acceptance of an offer from.a member of the public in response to a tender, sold at its appraised fair market value to adjacent owners or exchanged for other property of equal or greater value. 976 Report #EGD-006-08 Page 4 Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law closing the road allowance. Under the Municipality's Policy and Procedure, the Municipality must circulate the application to all appropriate parties (Agencies and Utilities), hold a public hearing and, if Council approves, pass a by-law closing the road, pass a by-law declaring the land surplus, and a by-law conveying the property. 3.0 CONCLUSION 3.1 The Director of Engineering Services has determined that the unopen 4.88 metre wide laneway situated immediately south of 49 Perry Avenue in Lot 18, Concession 5, Former Township of Darlington is not required for the municipal road network. It is therefore recommended that Council direct staff to process the application to qlose, declare surplus, and convey this part of the road allowance. 3.2 The Director of Engineering Services has determined that the unopen portion of Edmonson Avenue situated in Lot 18, Concession 5, Former Township of Darlington is required for the municipal road network. It is therefore recommended that Council deny the request to close and convey this part of the road allowance. Attachments: Attachment 1 - Key Map List of Interested Parties: Mr. Andy Meima 977 ~ \ \ i I \ / -1 I I j Y+ I: ~~ ~\ ~ J '\ \ ~\C} \ 4 Road Allowance Recommended r \ I to be Closed and Conveyed '\ I I" Road Allowance Recommen'ded r-~\l ~ ~ , ~ ~~ \\ CONr-5 -[J \, >' 'y/ \.\ \ y'" /~~) ~~~ / ~~~ ~)~ '/. /~.'" ~~I \" \ \ ,\ \ ~ , 'J//' ~:\~~; "''v/\ \" ,~\ If)V /~"'.: /,.. \ ,.& ~ Sf ~~//\\,~. \~~~:1~ ~ ~/ /~~:/\..~/ ~~ / # / ~ ~,../ ~~,.. / &.. ",.. \,/, /~,~ :',.. LOT18 LOT17 \ \ ::1~;: ~\ Legend ~ Meima Properties I '- j ~~ ~~- II '~ .,.<- ~ ~ IT, I ~. U IS- -I 1\ i-' w ,_ ...J o Z ::I t1a: { / I .... ~~ a: --- -I:--r-- < ~i-- -%~ ~ w~s 8 a !'--- ; MILL ...~ t-~ r ~~ ( ~ \ .h, I '\:J' oi I l (.)1---".....- j m : I J) I HAMPTON t:,- I h= -' I :!!J I ~ 'n .-/ / - / DRAWN BY: E.L. I DATE: January 11, 2008 . . .~ SUbJe~t. Slt~: ~ I--- ""9 t- II' o ElE! ::t ~ ) - - ...r- . REPORT EGD-006-08 -or-- KEY MAP ATTACHMENT NO.1 978 G:\Attachments\RoadClosureLot18-C011C-5.inxd II "1I'l " 1 " CI{1[.-!lJgton REPORT ENGINEERING SERVICE S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITIEE Date: Monday January 21, 2008 Resolutic:m #: Report #: EGD-007-08 File #: By-law t#: Subject: ASPEN SPRINGS WEST SUBDIVISION PHASE 1, PLAN 40M-2185, BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' A NO 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-007-08 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-2185 and 40M-1816; and 3. THAT Council approve the by-laws attached to Report EGD-007-08, assuming certain streets within Plans 40M-2185 and 40M-1816 as public highways. Respectfully bV ~n__ Submitted by: A.S. Cannella Director of Engineering Services d ~-5~ Reviewed by: Franklin Wu Chief Administrative Officer ASC~o January 10, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 979 Report #EGD-007-08 Page 2 .1.0 BACKGROUND 1.1 . The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 27,2003, with Aspen Springs West Ltd. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2185 (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 Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works: b) Street Liahtina System: c) Final Works: and d) Stormwater Manaaement System (Not Applicable) 1.3 The Initial Works and Street Liahtina System were issued 'Certificates of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the . Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated Novembe~ 13, 2006.. This initiated a one (1) year maintenance period, which expired on November 13, 2007. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 980 Report #EGD-007 -08 Page 3 1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plans 40M-2185 and 40M-1816 as public highways (Attachments 2,3 and 4). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law. Attachment 4 - Proposed By-law 981 I t T i~ I ~- BrodIoCt 1M lli;l'l ~ ~ '\\ J II ~0-.\r -.. ~~ ~ -I t!j l' .. Q u "CI i : ~\ IIII ::----- T Penfound ~ I == Block 101 on- / Plan 40M-181~ It' I ill' J ~ =--= Aspen Springs West: - Subdivision, PhaS~1"- Plan 40M-2185 ~ I ::I. I I~ 1; \" ~ t2 DWu .~ c~ ~:~ ~" . ~" ~ "CI =: l:l u f ~ Bottrell St I-- ~ -...... --.I Baseline Rd \ \ I T \- ~~Jj~ ,~ ~~ ~ Bill = ,-~ ~.I , ~ .lEEmatj..._._t,! ~I ~~~,~e~ la~~ DiIll~, Sit;1IIJ11i1 a - fl-1 II : ~" li I III DRA\M'olBY: E.L I DATE: January 11,2008 II - I II Baseline Rd.\ UJ r II I 1 rr-l r REPORT EGD-007-08 :Bp~NVIL~E I "-J ~ I K, E.__..Y MAP, ATTACHMENT NO.1 9 , G:\AttachmentS\40a~185.mxd W~e 8 ATTACHMENT NO.2 REPORT NO.: EGO-o07-oa THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2008-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plan 40M-2185, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Block 90 Block 91 Block 92 BY-LAW read a first and second time this xxth day of xxxxx, 2008. BY-LAW read a third time and finally passed this xxth day of xxxxx, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 983 ATTACHMENT NO.3 REPORT NO.: EGO-o07-o8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 200B-XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plan 40M-2185, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Millbum Lane Bannister Street Woolner Lane Bottrell Street . Dodds Square Block 88 Block 90 Block 91 Block 92 BY-LAW read a first and second time this xxth day of xxxxx, 2008. BY-LAW read a third time and finally passed this xxth day of xxxxx, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 984 ATTACHMENT NO.4 REPORT NO.: EC30-o07-oa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-XX Being a By-law to establish certain lands as public highways, assume them for public use and name them. The Council of the Corporation of Municipality of Clarington hereby enacts as follows: 1. THAT the following lands are hereby established as public highways, assumed by the Corporation for public use and assined , the name set out below: land Established as Public Hiahwav Name Block 101 on Plan 40M-1816 Bannister Street BY-LAW read a first and second time this xxth day of xxxxx, 2008. BY-LAW read a third time and finally passed this xxth day of xxxxx, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 985 ClfJ!ingLOn REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 21, 2008 Report #: ESD-002-08 File # 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - DECEMBER 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD-002-08 be received for information. Submitted by: . ~L~--' Reviewed by: cJ ~ --.>.-eS/1- Franklin Wu. Chief Administrative Officer ordon Weir, AMCT, CMM111 Director Emergency & Fire Services GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F 905)623-6506 1101 REPORT NO: ESO-002-08 BACKGROUND AND COMMENT 1. BACKGROUND PAGE 2 1.1 Our report covers the month December 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 330 calls during this period and recorded total fire loss at $7500.00. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report Response Categories 1102 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT Period: December 1,200700:00:00 to December 31,200723:59:59 CALL TYPE VOLUME STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL CALL TYPE TYPE BOWMANVlLLE NEWCASTLE ORONO COURTICE ENNISKILLEN TOTALS PERCENTAGE PROPERTY FIRE 1 0 1 1 0 3 0.9% CALLS BURNING 0 0 0 0 0 0 0.0% COMPLAINTS FALSE FIRE 26 8 2 12 2 50 15.2% CALLS PUBLIC HAZARD 27 5 0 8 1 41 12.4% CALLS RESCUE CALLS 23 16 18 17 1 75 22.7% MEDICAL ASSIST 63 16 9 43 8 139 42.1% CALLS MISCELLANEOUS 11 4 2 4 1 22 6.7% CALLS TOTAL FOR 151 49 32 85 13 330 100.0ok MONTH YEAR TO DATE 1786 461 237 949 164 3597 YEAR TO DATE 45.8% 14.8% 9.7% 25.8% 3.9% . 100.0% PERCENTAGE STANDYBY 5 0 0 5 0 10 CALLS DOLLAR LOSS $4,000 $0 $2,000 $1,500 $0 $7,500 , APPARATUS CALL VOLUME STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1 352 204 112 21 3 0 10 2 STATION 2 PUMPER 2 TANKER 2 78 56 22 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV 63 41 22 0 0 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 135 124 11 0 STATION 5 PUMPER 5 TANKER 5 16 15 1 644 328 112 144 48 0 10 2 11 U3 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT RESPONSE CATEGORIES PROPERTY FIRE CALLS: includes a response by this Department to Fires involving structures, vehicles or open areas; Combustions Explosions (no fire); Overpressure Rupture, Munition Explosion - No Fire; Overpressure Rupture - No Fire, (e.g. Steam boilers, hot water tanks, pressure vessels, etc.); Munition Explosion-No Fire (e.g. bombs, dynamites, other explosives, etc.); whether or not they result in property losses, injuries or deaths. BURNING COMPLAINTS: Includes a response to investigate Authorized and Unauthorized Controlled Burning Complaints. FALSE FIRE CALLS: Includes a response by this Department to Pre-Fire Conditions- Overheat and Pot on Stove; and calls precieved to be an emergency and are concluded to be Alarm Equipment - Malfunction, Alarm Equipment -Accidental, Human - Malicious, Human - Perceived Emergency, Human - Accidental, and Other False Fire Call PUBLIC HAZARD CALLS: Includes a response by this Department to Gas Leak - Natural Gas, Gas Leak - Propane, Gas Leak - Refrigeration, Gas Leak - Miscellaneous, Spill - Gasoline or Fuel, Spill- Toxic Chemical, Spill- Miscellaneous, Radio-active Material Problem, Ruptured Water, Steam Pipe, Power Lines Down, Arcing, Bomb, Explosive Removal, Standby, Co (carbon monoxide) reporting, and Other Public Hazard. RESCUE CALLS: Includes a response by the Department to a Vehicle Extrication, Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, Water Ice Rescue, and Other Rescues. MEDICAL ASSIST CALLS: Include a response by this Department to a patient(s) suffering from Asphyxia, Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack, CPR, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Person Fainted, Nausea MISCELLANEOUS CALLS: Includes a response by this Department to Assist another Fire Department, Assist Police, Assist Other Agencies, Other Public Service, 911 Unknown Calls and Other Responses 1104 CIgglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 21, 2008 Report #: CLD-001-08 File #: By-law #: Subject: REQUEST FOR AMENDMENTS TO THE PROPERTY STANDARDS BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-001-08 be received; 2. THAT the complaint process within the Property Standards By-law remain unchanged; and .3. THAT Mr. John Mutton and Mr. John Rice be advised of Council's decision. Submitted by ?J. ~ 1JJZc Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.:CLD-001-08 Page 2 BACKGROUND At the regular Council meeting on July 30th 2007 Council considered a letter from Mr. John Mutton, President of Municipal Solutions on behalf of his client Mr. John Rice. Mr. Mutton had requested that Clarington's Property Standards By-law's complaint process be amended as follows: 1. Require that only current tenants can file a complaint. 2. Require the tenant to inform the landlord prior to involving Municipal Law Enforcement staff. 3; Require that the complainant in a matter provide, in writing, their relationship to the issue that the complaint is regarding. Mr. Mutton stated in his letter, "as you can see from the letter the by-law department was used as a weapon against my client in a manner that is harassing and malicious. n Mr. Mutton was referring to an investigation which had been undertaken against one of Mr. Rice's properties and involved a series of illegal apartments. In support of his argument Mr. Mutton provided four examples of agencies which he claimed fit his model. In his letter to the Mayor dated July 11th, 2007 Mr. Rice makes more specific complaints about the process. He believes that the landlord must be provided a copy of the complaint and consulted prior to any enforcement action. COMMENT The first example Mr. Mutton cites is the Investigations and.Enforcement Unit (lEU) of the Ministry of Municipal Affairs and Housing. The lEU is a branch of the Ministry and works directly on landlord tenant complaints, primarily in municipalities which do not have a Property Standards By-law and also with issues relating to rent. Investigations carried out as a result of complaints received by the Unit can have an impact in the areas of rent and occupancy. The officers who do the investigations are part time employees of the Ministry. Occupancy is 1302 REPORT NO.:CLD-001-08 PAGE 3 necessary for the inspectors so that they can gain access to the building and rental records. The issue of occupancy can have a direct bearing on their orders and remedies. The second and third examples quoted by Mr. Mutton are from the cities of Vernon and Victoria, British Columbia. As a matter of policy that applies to all their investigations, both municipalities ask for the relationship between the complainant and the subject. The last example quoted is from the City of Windsor. Before accepting a Property Standards complaint, the City asks that the complainant contact their landlord and attempt to work with him/her to resolve the problems. In all three cases cited from municipalities there is no indication that the individual municipality would refuse to deal with the complaint if the tenant failed to contact the landlord. With the exception of the lEU, the examples listed above are all guidelines not legislated requirements. While the complainant/landlord information is requested, the policies do not preclude a non-resident from filing a complaint. Within the Province of Ontario all municipal law enforcement complaints are treated as confidential matters. As such, staff will never release any complainant information to the subject of the investigation. Mr. Rice and Mr. Mutton both infer that staff wrongly harassed Mr. Rice because of a personal grudge against him from a former tenant. This is strictly hypothetical. The identity of the original complainant in this matter has never been revealed to either gentleman by the Municipality. Restricting complaints to current tenants only would mean that a landlord would be free from investigation and restriction if he could force the complaining tenant to leave. This restriction would also prevent any person acting on behalf of anyone who lives in the apartment. Such a restriction would also prevent neighbours from filing complaints about various maintenance issues on the property. 1303 REPORT NO.:CLD-001-08 PAGE 4 Ideally, the tenant is encouraged to contact their landlord prior to filing a complaint. This however cannot always be done. The landlord may be an absentee or the tenant may be intimidated by the landlord. In either case the tenant has a right to a safe residence. A requirement to divulge the Complainant's information would also fly in the face of the Division's policy to take and treat all complaints as confidential. The relationship of the complainant to the landlord or the property is irrelevant since any enforcement action is based .on the investigation and observation of the officer. Whether or not the complainant is a tenant in a building does not alter the fact that the building may not comply with the requirements of the Property Standards By-law. CONCLUSION Staff have reviewed and considered Mr. Mutton's and Mr. Rice's requests. Staff do not believe that any of the requested changes are necessary and recommend that the request for amendment of the by-law be denied. 1304 MUNICIPAL SOLUTIONS POI .~~ '07JUl23 At1 9:12:45 905.260.1907 j m utton@rogers.blackberry.net July 23,2007 Mayor and Members of Council, On behalf of my client, Rice and Company, we would like to make the following submission with respect to the bylaw complaint process as it relates to tenanted properties. I would like to draw your attention to a letter dated July 11, 2007 to the Mayor with respect to this particular case. As you can see from the letter, the bylaw department was used as a weapon against my client in a manner that is harassing and malicious. We have researched several municipalities' bylaws and they have found a way to ceal with this issue by: . . Requiring that only current tenants can file a complaint . Requiring the tenant inform the landlord prior to involving municipal bylaw. departments · Requiring the complainant provide in writing their relationship to the issue that the complaint is regarding The current process for filing a complaint in Clarington: COMPLAINTS 5 01 This By law shall apply to all property within the limits of the municipality and shall be enforced on a written complaint basis only. The written complaint shall include the name address and telephone number or other contact information of the complainant Failure to provide the required complainant information shall render the complaint incomplete and it will not be investigated. 5 02 Anonymous complaints or third party complaints which attempt to obscure the identity of the complainant will not be investigated. 5 03 Where an officer has determined that a complaint has been filed for a malicious or vexatious reason or as part of an ongoing pattern of harassment and does no involve a matter of serious health or safety the officer may after conferring and confirming with the Manager of Municipal law Enforcement cease /1~4- !~,L. the investigation and close the file with no further action taken The officer shall then advise the complainant of this in writing. . . The current process for filing a complaint with the Qntario Ministry of Municipal Affairs and Housing 1. Filing a Maintenance Complaint Who can apply? Only a current tenant can send in a written complaint about maintenance to the Investigation and Enforcement Unit (lEU). The required form is the Tenant Complaint About Maintenance form. The current process for filing a complaint in the City of Vernon, Be: Enforcement: While there are certain areas of enforcement that are safety related and require proactive enforcement, the majority of these bylaws are enforced on a complaint only basis. This ensures that the bylaw division is serving the needs of the community and that t~e complaints received are of high importance. To make a complaint regarding a violation of regulations contained in one of these bylaws, the City requires the complainant provide their name, address, and phone number, as well as their relationship to the issue that the complaint is regarding. Should the complainant refuse to provide this information, under Council policy, no action may be taken by the Bylaw Division The current process for filing a complaint in the City of Victoria, BC: How to make a written complaint: Complaints need to be submitted in writing. To make a written complaint regarding a violation of regulations contained in one of these bylaws, the City requires the complainant provide their name, address, and phone number, as well as their relationship to the issue that the complaint is regarding. Should the complainant refuse to provide this information, no action may be taken by the Bylaw Division The current process for filing a complaint in the City of Windsor,. ON: Tenants The Property Standards by-law relates to all buildings, regardless of use. If a tenant feels the unit they are occupying is unsafe, a qualified Building Inspector/Property Standards Officer may determine compliance with.the by-law 1306 and can perform an inspection of the building. Complaints are commonly made about problems such as broken windows, plumbing, inadequate heat, and electrical or structural defects. Before contacting the City about a possible breach of the Property Standards By- Law, notify your landlord about possible deficiencies within your rental unit. Give a reasonable time frame that you would expect the deficiencies to be corrected. If a property standards order is issued, the time frame for compliance almost always varies depending on its nature and severity. In conclusion, we formally request that council refer this request to staff to investigate and report back changes to the current bylaw complaint process that will incorporate current best practices as outlined in our research and as practiced by the Ontario Ministry of Municipal Affairs and Housing. W:;jZ John Mutton President Municipal Solutions Attach. cc John Rice, Rice and Company 1307 I . . , . , I'. . ..-RICE & CO. III PERGO @n k$1I\oII1S Rtc1-.r Iy 11072007 JOHN P. RICE 4 Sl George SI. South Bowmanville, Ontario L 1C 21<6 Phone: 905-623-1622 House: 905-623-2601 Fax: 905-62'3-6297 janelriceCsympatico.ca Re: Municipality ofClarington Zoning By-Law 84-63 194 Church Street Bowmanville File V06-11515 Attention: Mayor Jim Abernethy The curi'ent by-law as now written does not properly prote<:t the property ownernandlord.. - There is no opportunity for rebuttal because the property O~~"Der is not provided with a copy of any complaint filed with the town against th(~ landlord . In this particular incidence, the complaint against the landlord was filed by a person who was not (is not) living at the address against which the complaint was filed. As now written, the by-law gives wide powers to any person (with no association to the property) . who chooses to file a ~omplaint against any property owner. In this case, the town acted upon the complaint, by involving the n:e department and the building department, who are now requesting very extensive changes be made to the property, all at the landlord's expense. The person, Duane Willimr.s, who is a professional liar, is not employed and is not a taxpayer. Instead, he~ is a serious trouble maker with a track record in Orono, Newcastle and Bowmanville. This is the person who has-such wide-ranging powers with the by-law department, and lenves the landlord to stryltgle with the consequences of Duane's malicious actions. It is our opinion that the staffin the by-law department did not use good judgment in processing Duane Williams' complaint Any consultation with the landowner - tax payer would have brought to light the c~qi~ility of the complaintant, Duane Williams. It is the opinion of several councillors and municipal consultants that, should Duane Williams choose to file complaints against other commercIal and rt~sidential buildings in the core of this town, then 75% of the buildings would not comply, and would be shut down. 'We feel that this particular house should be grandfathered, as it is l)art of a larger development now in the planning stages. .. .' We request an examination of the contents of the by-law, giving equal powers to the landlord/taxpayer. Thank you for your attention to this serious matter. John P Rice, landowner/taxpayer. C-(;j /j'.;P /~->'-/ IV' , . L" 1308 CI!J!-illgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 21, 2008 Report #: CLD-002-08 File #: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT - OCTOBER TO DECEMBER, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-002-08 be received; and 2. THAT a copy of Report CLD-002-08 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by:. O~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1309 REPORT NO.: ClD-002-oS PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attached table summarizes the activities and revenues pertaining to Animal Services for the months October to December 2008. Please note that licence revenues for the previous quarter were reported as $16,875 and should have been reported as $25,170 and the sale of animals should have been reported as a total of $21,512.77. Additionally, the other revenue accounts differ slightly from the Finance Department's revenue report actuals. These reporting variances occurred as a result of our conversion to our new animal services database. At the time of our previous quarterly report and for the majority of this reporting period, we were using figures from both the old and new databases and manual lists. We apologize for any confusion this may have caused. We are pleased to report that we have discontinued using our old database and beginning with our first Quarterly Report for 2008, our statistics will be generated using our new software database. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1310 CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO.1 TO REPORT NO. CLD-002-2008 ANIMAL SERVICES QUARTERLY REPORT October to December 2007 PICKED UP BROUGHT IN RETRIEVED BY OWNERS SOLD TO RESIDENTS SOLD TO RESEARCH EUTHANISED DEAD ON ARRIVAL QUARANTINE 18 .. .1j)~~.Sj:'I. 34 26 23 90 40 2 14 87 o 0 2 12 1 15 1 5 123 305 12 299 o 49 68 18 130 .".'..................'.S....."...".''''.''.''..m.......''.'.....m.....[8....." ..:."..".E:."D......S......(;... ';'.'ii.'.';;,'":.........,...."..,.!A..'..",...,,...j,. .... . .... ","' .,. ,-" ......,- ...... ......... ....-.,.. . ":..,... i!:::"::..;;:;:":..;;,:>.:,,,,::;..:.:!U!~!: :!:~:!:!;:,;:,,;;,,::_;;:;;:.:;::..:r:::;..;::;g 172 149 154 259 193 7 . 108 265 o 0 12 44 13 92 4 17 WRITTEN WARNINGS 22 173 209 OTR, POA, SUMMONS 15 49 23 CONVICTIONS 14 37 18 CALL-OUTS AFTER 4 26 48 HOURS OVER-TIME HOURS 12 84 158 DOGS & CATS RELEASED 55 0 555 450 60 LICENSES 5,179.50 1,120.50 62,963 52,990 12,144 SOLD TO RESEARCH 0 0 0 0 0 SOLD TO RESIDENTS 765 3,825 26,885 7,275 11,025 DOGS & CATS REDEEMED 1400 115 6,418.37 9,505 142 SUB-TOTAL 7,399.50 5,060.50 96,821.37 70,220 23,371 TRAP RENTAL 110 375.33 294 TOTAL REVENUE 12,570 97,196.70 93,885 Euthanized 2007 Dogs -6 5 pit bulls 1 disposition Cats 49 28 sick, 9 feral, 9 injured, 2 disposition,1 following quarantine 1311 ClmillglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 21, 2008 Report #: COD-002-08 File #_ By-law # Subject: Theatre Dance Academy - Lease Extension Courtice Community Complex- Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-002-08 be received; . 2. THAT the Lease Extension from the Theatre Dance Academy for the lease of space in the Courtice Community Complex in the amount of $18,800.00 per year for the term of February 1, 2008 to January 31, 2013 be approved; and 3. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to execute the lease agreement with the Theatre Dance Academy be forwarded to Council for approval. MM\\JC\JDBIkm Reviewed by:d ~ 6--.nv Franklin Wu, Chief Administrative Officer Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1401 REPORT NO.: COD-002.Q8 . PAGE 2 BACKGROUND AND COMMENT. The Theatre Dance Academy owner has expressed an interest in and agreed to an extension of the current lease for a period of five (5) years commencing February 1, 2008 to January 31, 2013. A nominal 6.8% increase over the existing rate of $17,600.00 per year is proposed; thereby increasing the annual price to $18,800.00 per year or $11.75 square feet. This rate is fixed for the full five (5) year term. As there has been very little change in the market conditions since last year, it is staff's recommendation that the offer be accepted. Attachments: Attachment 1 - Schedule uA", By-law 1402 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize the execution of a Lease Extension Agreement between the Corporation of the Municipality of Clarington and the Theatre Dance Academy in respect of a lease for space located in the Courtice Community Complex, Courtice, 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 Lease Agreement with Theatre Dance Academy and said Corporation; and 2. THAT the contract attached hereto' as Schedule nAn form p'art ofth is By-law. By-law read a first and second time this day of ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1403 Cmr..iggton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 21, 2008 Report #: COD-003-08 File #_ By-law # Subject: HAMPTON VALLEY LANDS, AMENDING LEASE AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-003-08 be received; 2. THAT the lease Agreement Renewal from ClOCA for the use of the Hampton Valley Lands in the amount of $2.00 per annum for the term of January 1, 2007 to December 31,2012 be approved; 3. THAT the Hampton Citizen's Association be advised of the lease renewal; and 4. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to execute the Lease Agreement with CLOCA be forwarded to Council for approval. Submitted by: ~- arie Marano, H.B.Sc., C.M.O. . Director of Corporate Services 0.- o/?~ Reviewed by: . ~ Franklin Wu, Chief Administrative Officer MM\FH\JDB\krn CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1404 REPORT NO.: COO-003.Qa PAGE 2 BACKGROUND AND COMMENT The first anniversary of the lease with Central Lake Ontario Conservation Authority (CLOCA) was January 1, 2007 and under the terms of the agreement no notice of renewal by the municipality is necessary and provided there has been no default the lease is deemed renewed for each renewal portion up to and including the term commencing January 2017. Renewals after this date will be subject to negotiation between CLOCA and the Municipality at that time. The purpose of this renewal is to incorporate updates to the lease. These updates are deemed minor in nature and include the following: · New Schedule "A8 includes updates and adjustments to the land area of the lease agreement; . Removal of the 28 Millstream Lane property from CLOCA's landholdings; · More accurate delineation of the Elliott Park lease area (under lease with Clarington until 2015). . Inclusion of the CLOCA landholdings south of Millstream Lane; and · Recalculation of the Hampton Valley lands lease as 7.4 hectares (previously as 6.7 hectares). As this is a lease renewal with amendments only it is staff's recommendation that the agreement be signed. Attachments: Attachment 1 - Schedule "A8, By-law 1405 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize the Lease Agreement Renewal between the Corporation of the Municipality of CIl:~rington and CLOCA (Central Lake Ontario Conservation Authority) for the use of the Hampton Valley Lands. 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 CLOCA (Central Lake Ontario Conservation Authority), 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 By-law read a third time and finally passed this day of ,2008. ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1406 C!gr!l1gtnn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 21,2008 Resolution #: Report #: FND-002-08 File #: By-law #: Subject: . EFW - Peer Review & Economic Studies Costs to Date Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-002-08 be received; and 2. THAT the estimated funding of $100,000 required for Energy From Waste Studies in excess of the Region of Durham funding of $300,000 be financed from the Impact/Escrow Reserve Fund. Submitted by: Reviewed bO ~--.J~ Franklin Wu, Chief Administrative Officer. a J. Crome, M.C.I.P.,R.P.P Director of Planning Services NT/DC/LB/FUhjl 1501 REPORT NO.: FND-002-08 PAGE 2 BACKGROUND AND COMMENT: 1.0 When Clarington was short-listed as a potential site for the Region of Durham's proposed Energy from Waste (EFW) facility, Council approved Report PSD-070-07 to provide direction to Municipal staff for work to be undertaken on peer reviews as part of the Environmental Assessment process and economic studies as part of a host community negotiation process. 1.1 On May 28, 2007 Council approved the following resolution (excerpts): . THAT Staff be instructed to carry out the requirements of Resolution #C-211-07 by preparing studies in accordance with the scope of work set out in Report PSD-070-07; THAT Mr. Steven Rowe be retained to undertake the scope of work as outlined in Section 4.2 (Site Selection) and Section 4.4 (Gap Analysis) of Report PSD-070-07, and further to advise on the scope of work set out in Section 5.1 (Oversight of Technology Procurement Process) and 5.2 (Potential Environmental Effects) of ReportPSD-070-07; THAT SENES Consultants Limited be retained to undertake the scope of work as outlined in Section 5.1 (Oversight of Technology Procurement Process) of Report PSD- 070-07, and further to assist with the scope of work set out in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; . THAT AMEC E&C Services Ltd. Be retained to undertake the scope of work as outlined in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT C.B. Richard Ellis Ltd. Be retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact.on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work. set out in Section 6.3 (Community Stigma); THAT the Director of Finance be authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (Community Stigma) and Section 6.4 (Host Community Agreement) of Report PSD-070-07; THAT the Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) provide information, professional opinion, estimates and advice as deemed appropriate. THAT the Directors of Finance and Planning Services be instructed to strike a committee comprised of Clarington staff and consultants similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement on a without prejudice basis to the Municipality's decision on whether to be a willing host; THAT the Directors of Finance and Planning Services be instructed to take any additional actions or retain any additional consultants deemed necessary to ensure the Municipality has carried out its due diligence; THAT the peer reviews and studies referenced in Report PSD-070-07 be deemed to be part of the "necessary studies" to complete due diligence as referenced in the motion approved by Durham Region Council on April 18, 2007, and that the Director of Finance 1502 REPORT NO.: FND-002-oa PAGE 3 be directed to recover these due diligence costs from the Region of Durham as set out in their motion. 1.2 On April 18, 2007, Council for the Regional Municipality of Durham adopted the following: "That each respective Region shall provide adequate funding to any of the potential host communities located within their respective Region. And further, that such adequate funding shall include the costs of all necessary studies and legal advice incurred by the potential host community to investigate and complete its due diligence in arriving at its decision whether or not it will become a host community for the EFW facility. And further, the total of such costs shall be deducted from the combined royalty fee, if any and not otherwise." 1.3 On June 20, 2007 Council for the Regional Municipality of Durham limited their approval of funding of the Municipality of Clarington's necessary due diligence studies with the following motion: "THAT the maximum amount of $200,000 for peer review, with an additional amount of up to $100,000 contingent upon Clarington finalization of terms of reference for local impact studies. With disbursement of the Regional funding subject to approval of the Regional Treasurer, with concurrence from the Commissioner of Works and regular reporting of the expenditures to the Regional Council through the Finance & Administration Committee." 1.4 Staff proceeded on the direction of Clarington council as set out in PSD-070-07 and provided an estimate that due to the nature of the work involved, costs could reach $500,000. It is difficult to determine costs for peer reviews as it is a responsive process not a pre-defined project or specific study.' Fee based contracts were entered into based on the approved bylaws with minimum estimates for Mr. Rowe, SENES and AMEC. Stipulated price contracts were let for the portions of work set out under the economic studies as specific definable parameters could be detailed and they were not part of the evolving EA process. The professional opinion and advice required from TSH and the Municipal Solicitor form part of their overall contract with the Municipality so no estimate was obtained for these services, especially since it was difficult at the time to determine what would be required. 1.5 The purpose of this report is to update council on the financial costs of the studies to date. A summary is attached as Sc~edule "A". REVIEW OF FINANCIAL STATUS Peer Review Studies 2.0 Peer Review is the process by which professional work is reviewed by the author's peers (Le. other experts in the same field). The peer review process is intended to improve the quality of the author's work and ensure that it meets the standards and expectations of their discipline. The contracts entered into with the peer review Consultants contained a minimum estimate of the work that would have to be performed and hourly rates. At the time the estimates were obtained, it was not anticipated that the peer review consultants would be needed to provide input on the emission standards for the host community discussions. . 1503 REPORT NO.: FND-002-QS PAGE 4 2.1 Mr. Steven Rowe was retained to undertake the scope of work as outlined in above. 2.2 The original contract with Mr. Rowe was for a minimum of $21,000 plus disbursements. To date the Municipality has paid $24,420 in fees and $334.25 in disbursements. 2.3 These billings are to the end of December 2007 including attendance and presentation at the General Purpose and Administration Committee meeting in December. The work remaining for Mr. Rowe will occur based on PSD-070-07 when the EA document is to be submitted to the Ministry, at which time it should be reviewed to ensure that it has addressed the concerns identified to date. 2.4 SENES Consultants Limited was retained to undertake the scope of work as outlined above. 2.5 The original contract with SENES was for a minimum of $47,000 plus disbursements for peer review. To date the Municipality has paid $35,607.50 in fees and $437.97 in disbursements. 2.6 These billings are to the end of November 2007 and relate to both peer review and Host Community Agreement discussions. The invoice for the month of December, 2007 has not yet been received. At this point an additional $11,392.50 is shown as committed based on the original contract value. Some of SENES work and fees to date are for setting out the emissions standards and criteria as detailed by Council Resolution GPA 632-07 and C-592-07 (Schedule B) for inclusion in a Host Community Agreement. The work remaining for SENES to complete is with regard to the Site specific Human Health and Ecological Risk Assessment (HHERA) which will be released by the Region in fall 2008. . 2.7 AMEC E&C Services Ltd was retained to undertake the scope of work as outlined above. 2.8 The original contract with AMEC was for a minimum of $20,000 plus disbursements for the peer review. To dat~ the Municipality has paid $13,875.00 in fees and $258.20 in disbursements. 2.9 These billings are to the end of November 2007 and relate to both peer review and Host Community Agreement discussions. At this point an additional $6,125.00 is shown as committed based on the original contract value. The invoice to the end of December 2007 has been requested. Some of AMEC's work and fees to date are for setting out the emission standards and criteria as detailed by Council Resolution CPA 632-07 and C-592:-07 for inclusion in a Host Community Agreement. 2.10 The remaining peer review work for AMEC are review of the air quality issues that relate to the site specific Human Health and Ecological Risk Assessment (HHERA) and professional advice on how the proposed emissions could be better addressed within the context of the air shed. 2.11 As indicated in the Addendum Report to PSD-141-07, AMEC was included as a sub- consultant along with Black and MacDonald on the Veolia Environmental Services Waste to Energy Inc. team one of the bidders on the EFW project. We have received a letter from AMEC that they will cease to perform Air Quality. Peer Review services for Clarington effective January 30, 2008. AMEChas chosen to terminate their contract with Clarington to avoid the potential of conflict of interest. 1504 REPORT NO.: FND-002-08 PAGE 5 Economic Studies 3.0 The Economic Studies were undertaken as fixed price contracts, as such a maximum upset fee was established. Staff where able at the outset to define the specific tasks, the number of meetings, work schedule and anticipated product. The consultants prepared proposals in response to this detailed work program. While the consultants provided prices for hourly work over and above the contract amounts, it has not been necessary to amend their work program. 3.1 C. B. Richard Ellis Ltd. was retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work set out in Section 6.3 (Community Stigma). 3.2 The original contract with C. B. Richard Ellis was for a maximum including disbursements of $100,000. Their final billing for the full contract amount was received at the end of December. . 3.3 The Director of Finance was authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (community Stigma) and Section 6.4 (Host community Agreement) of Report PSD-070-07. The firm Price Waterhouse Coopers LLP was retained for this purpose. 3.4 The original contract with Price Waterhouse Coopers was for a maximum including disbursements of $90,000. To date the Municipality has paid $78,863.50 in fees and $3,320.53 in disbursements. It is the background work prepared by Price Waterhouse Cooper that was the basis for Resolution GPA 632-07 and C-592-07 and thus the basis for the Host Community Agreement discussions. 3.5 These billings are to December 20, 2007 and represents completion of all work. Peer Review and Economic Advice . 4.0 The Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) were asked to provide information, professional opinion, estimates and advice as deemed appropriate. 4.1 The Municipal Solicitor, Dennis Hefferon is on retainer with the Municipality. Up to the period ending December 13th, the Municipality has paid $99,791.60 in fees and $975.00 in disbursements for legal assistance directly related to the Energy From Waste Project. Of this value, approximately $23,800.70 relates to the environmental assessment process and $76,965.90 to the host community agreement negotiations and provision of advice. In PSD-070-07, staff was directed to form a committee similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement. As a solicitor for the Region of Durham was present at all meetings, the Municipal solicitor was also present and actively pursued research and detailed wording for all items outlined in GPA 632-07 and C-592-07. Currently no further legal work is being undertaken. 4.2 The firm of Totten Sims Hubicki (TSH) is on retainer with the Municipality to provide engineering services. Up to the period ending November 24th, the Municipality has paid $20,696.59 in fees and $738.22 in disbursements for consulting services directly related to the Energy From Waste Project Peer Review. The majority of the work TSH has carried out is the peer review of the traffic studies and site servicing. In addition, TSH 1505 REPORT NO.: FNO-Q02-QS PAGE 6 has prepared cost estimates that have been used in the Host Community Agreement discussions. CONCLUSION 5.0 The Municipality of Clarington has incurred to date costs totaling $379,318.36 and is anticipating additional billings for December 2007 from Totten Sims Hubicki for an estimated $2,500. SENES and AMEC fees are still to be invoiced but are within the estimated overall costs. 5.1 The Municipality has billed $167,367.07 to the Region of Durham to date and will issue an invoice to the Region for the balance of the $300,000 in the near future. 5.2 As a result, currently $79,318.36 remains unfunded plus outstanding December invoices for SENES, AMEC, and Totten Sims Hubicki. It is recommended that.an estimated total of $100,000 be financed from the Impact/Escrow Reserve Fund as the funding cap from the Region of Durham has been reached. 5.3 Staff has been directed by PSD-070-07 to peer review the entire EA process. This work will not be complete until late in 2008 when the EA is submitted to the Ministry of Environment. 5.4 At this time, as Council is aware, the Clarington 01 site has been selected by the Region of Durham Works Committee as the preferred site. Subject to Regional Council concurrence, site specific studies will be undertaken as part of the environmental assessment process, including the site specific Human Health and Ecological Risk Assessment (HHERA). Staff is currently not proceeding with any additional outside consultants until such time as the studies are available. The costs of this work will be subject to a further report to Council for direction. 5.5 There will be some additional legal costs incurred pertaining to any potential host community agreement at the direction of the Chief Administrative Officer. Attachments: Schedule MAil - Peer Review and Economic Studies Costs to Date Schedule MB- - Council Resolution GPA 623-07 and C-592-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 1506 t- o cO s~ ~(!) .;: Z C'G- -I- 0.... -::l 00 ~Z =0 ~O 'u . Os ~ :::Ew ~ 0 0 0) en 0 10 .... CO W U; N cO I"i :::E N 0) too en :6 ~ ~ en I:: ..... N ai :::E ..... ..... :::E 0 CJ ... 8 0 8 8 8 0 ~~ 0 0 ~ ci g ~ ~ ci o~ 8 0 0 0 ..... 0 ~ 8 :;: tIS N N t- CJ ..... N ~ 10 0 too 8 (I') 0 ~ ..... CO N N .... 0 t- a:l C') W ~ rl u; ~ ~ g u; ~ aci :::E (I') ~ co ..... U) .... ..... ..... a:l 0) ...., C') 0: ~ ..; <J:i g ~ ri co .... ai :;) ..... (I') N .... N .... III .... M U) ~~ OW ...If! .... .... 8 8 8 N N N ..... 0 0 (I') C') C') .. .. .. .... .8 .8 .8 ~ .... ..... E E E 8 CD CD N ~ ~ ~ ~ .. ~ ~ .8 ..... 8 z z 1i ~ ~ g g g o~ E it ~ E ..... E W ~ '6 '6 5 8 ~ ~ A. 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Schedule "AM 1507 Schedule "B" GP A 632-07 and C-592-07 (Council Resolution) WHEREAS the Consultants retained by the Regions of DurhamIY ork (proponent) to oversee an Environmental Assessment (EA) to site an Energy From Waste (EF:W) facility have identified a property located in the Municipality of Clarington as the preferred site for said EFW facility; WHEREAS such EFW facility is to be developed and operating on a date that appropriately relates with the scheduled closure of the U.SJState of Michigan border to all Canadian Municipal residual waste shipments; WHEREAS the Municipality of Clarington believes that the Proponent of the EFW facility shall be fully responsible for all costs and risks associated with the development and operation of the EFW facility; Whereas the Ontario Ministry of Environment must approve the Environmental Assessment process which includes a site specific Human Health and Environmental Risk Assessment, and issue to the Proponent a license to operate the EFW facility; WHERES it is standard practice in North America that a Host Community Impact Agreement be entered into between the Proponent and the Host Community for any type of Municipal residual waste processing facility; NOW THEREFORE, the Municipality of Clarington resolves that staff is authorized to undertake without prejudice negotiations with Durham Region and that the Regions of York and Durham are requested to: 1. Agree to protect the health and safety of the residents of Clarington and Durham by incorporating into the design and installation of the EFW facility the most modem and state of the art emission control technologies that meet or exceed the European Union (Ell) monitoring and measurement standards. 2. Agree to continue to support an aggressive residual waste diversion and recycling program(s) in order to achieve and exceed, on or before December 2010, a 70 % diversion/recycling rate for the entire Region and such aggressive program(s) shall continue beyond 2010. . 3. The Host Community Impact Agreement shall address, but not be limited to, the following major areas of concern and requirements: · Provide 24/7 emission monitoring systems easily accessible by the public. · Restrict the quantities, types and sources of waste, ie no City of Toronto waste will be allowed. · . Establish a Community Liaison Committee including local Physicians. · Provide infrastructures to facilitate economic development in Clarington. · Absorb all Clarington costs that are related to the development and operations of the EFW facility. 1508 · Compensate Clarington for any detrimental costs, if any, associated to an EFW facility sited within Clarington borders. · Assume all risks and liabilities associated with the EFW facility. · Provide a royalty and/or revenue sharing arrangement to Clarington for the life of the EFW facility in appropriate amounts and suitably indexed. · The project shall have no adverse impacts on payments in lieu of taxes. · No ash from the facility shall be deposited in any landfill site located within Clarington borders. 4. To alleviate the concerns of the people of Clarington and Durham by acknowledging the foregoing and agreeing to negotiate with Clarington in good faith, 5. Staffis directed to forward this resolution to the Regions of York and Durham; FORTHWITH. 1509 HANDOUTS I CIRCULATIONS FOR GP&A June - August, 2008 "I have come that they may have life to the full." John 1 0:1 Db Dear friends, How does one transition from 40 years of chaplaincy and ministry into retirement? What does "Life to the Full" mean for each one of us? "Don't ask what the world needs. Ask what makes you come alive, and go do it. Because what the world needs, is people who have come alive." (author: Howard Thurman) I have realized that God has a purpose and plan for each person on this earth. I am grateful that God has allowed me to "come alive" at this time in my life through the following activities: Experiencing God's creation Sharing time with family and friends Honouring God with my body Extending the hands and feet of Christ to those I meet This coming summer, I will be joining with close to 200 cyclists from the Christian Reformed Church to ride across the American continent. Each cyclist is expected to raise $10 000.00, which will go entirely toward ending the cycle of poverty for individuals and communities at home, and around the world. Though scary and intimidating to cycle 6 000 kilometers over the course of 9 weeks, I trust that God will provide everything I need to fulfill His purpose. Please, read over the attached list of areas of support, and consider how you can join me in helping all of God's people experience "life to the full". Cycling with the Creator, Markus J. Lise 1-888-CRC-BI KE - ,. ~~B! A Nii, I "MC-IVI l- .. 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Q) 0.. a> t) c eo ]2 '0 a> Ol eo L.. a> > <{ I/) E ~ a a a CD "5 o .0 eo a> .0 .8 '0 a> U a> 0.. x a> .!!? a> t) c eo u:i ]iE 'O~ :S~ .8..- a>:>, ..ceo 1-'0 .. January 21, 2008 C1arington GP&A meeting Re: EFW - Peer Review & Costs to Date First of all I'd like to thank you for the motion last week at Council to reinstate those recommendations (points 5 & 6) made in Staff Report PSD-141-07, MUNICIPAL COMMENTS ON STEP 7 EVALUATION OF SHORT LIST OF SITES AND IDENTIFICATION OF PREFERRED SITE, that had previously been removed. The fact that Regional Health and Social Services Committee adopted a similar resolution as did Oshawa Strategic Initiatives Committee is certainly cause for some optimism by residents that finally someone is taking our concerns seriously. I was present at the April 18 meeting when Regional Council adopted the resolution, "That each respective Region shall provide adequate funding to any of the potential host communities located within their respective Region. And further, that such adequate funding shall include the costs of all necessary studies and legal advice incurred by the potential host community to investigate and complete its due diligence in arriving at its decision whether or not it will become a host community for the EFW facility. And further, the total of such costs shall be deducted from the combined royalty fee, if any and not otherwise." I was also present at the June 20th meeting when the Region limited their approval of funding. I, along with most other residents at the time, felt the Region was not living up to their original agreement, and was attempting to limit those "necessary studies" that would be done by Clarington, and we still feel that way. It is my feeling, and I'm sure you'll hear from others in the coming weeks, that while Clarington alone should not be on the hook for these expenses, if the Region is not willing to live up to their original agreement to provide adequate funding for all necessary studies, then Clarington must not only approve anything over that $300,000 limit, but also encourage staff to continue to do due diligence for our municipality and residents. And I would submit to you that all the studies that have been recommended by Clarington staff to date HAVE been necessary. As you know, Clarington staff and independent peer reviewers hired by Clarington identified many flaws in the EA process and studies so far and recommended that York & Durham Regions delay the final selection of a preferred site until such time as technology and vendor has been selected, and among other things, until the business case, clearly indicating the cost to taxpayers, has been adopted by both Regional Councils. The motion you adopted on Monday night at Clarington Council requests just that. There is absolutely no reason why these questions could not be answered prior to selecting the site, and every reason why they should be. The work would still continue and wouldn't have to come to a grinding halt, but you would be able to receive important information PRIOR to making decisions, rather than after the decisions have already been made. It's common sense. I think this shows how valuable and important these peer reviews are to protect the interests, the health and financial well-being of Clarington residents and the municipality. .. And as more EA related studies are completed, it is more important than ever that Clarington continue its due diligence and that you approve further peer review beyond what has already been done. It might also be worthwhile to approach Regional Council to fund further peer review to be undertaken by Clarington, especially in light of the deficiencies found in the Regional Consultant's work to date. Please remember that your first priority should be the health, safety and financial well-being of the residents of Clarington. And please consider alternatives and don't put all your eggs in one basket. I believe you have received information regarding the 4th Canadian Waste Resource Symposium to be held in mid April in Halifax. I hope you will consider attending and including key Clarington Planning Staff, as well as requesting that Durham Region consider also sending a delegation. This is a golden opportunity for Durham Region to prove that they are open to looking at all waste alternatives as they have been asked to do by residents, not only focusing on incineration. Kerry Meydam 3828 Trulls Road Courtice, ON liE 2L3 905-436-2252 ksam2@rogers.com 'j;)'Y1 ~(, 'U.~ 2007 SUMMARY OF ACCOMPLISHMENTS Resolutions to Council only 3 in 2007 (down from previous years) However not the quantity it is the quality of them that counts . Farmers Parade of Lights, road closure permits and police escort · Opposing Direct Election of Regional Chair, lack of voice for agricultural community, would be elected by urbanites and that could make more difficult of the Region's second largest industry to have their viewpoint put forward · Endorsement of the resolution that was circultated requesting Province of Ontario separate farmland from managed forest in the Ontario Municipal Partnership Fund and establish separate and distinct funding programs with 100% reimbursement to municipalities for their annual lost property tax revenue on managed forest and farmland properties. Presentations: · Mike Porporo and Tony Brull from MPAC on Value Added Activities---strong interest of this committee has been the reduction in the share from 25 to 20% and how MPAC is valuing lands and activities. Valuation of items like green energy, bunkhouses, maple syrup operation, on farm packaging of peat (manufacturing), compost, manure for gardens, etc. · Rick Pigeon, Chief Building Official for the Municipality of Clarington---on the process to get building permits for agricultural buildings. · Mayor Abernetpy-came out just to find out what we were like as a committee and to listen to our concerns. · Fred Horvath, Director of Operations---on vandalism, trespass and illegal dumping · Mitch Phinney, Conservation Officier, MNR---on trespass · Pam Lancaster and Mark Peacock from Ganaraska Region Conservation Authority-on Source Water Protection plans, Clean Water Act and GRCA stewardship grants (which developed out of a resolution from the MCC a couple of years ago). · Jennifer Stone - Metroland Publishing, Durham Region Media Group---on how a story is developed, the media and journalism side of the picture. Year in review: January- February- March- April- May- June- August- September - October- November- committee appointment orientation, protocol, elections, educations session on Official Plan, Planning Act education on Greenbelt Plan, ORM Conservation Plan, Places to Grow and Growth Plan, Chair Tom Barrie gave a presentation at the DMC session in Port Perry, a number of committee members participated in the DRFA meeting held in Clarington Council Chambers and the agricultural concerns meeting held by Bev Oda, MP in Blackstock. provided listing of livestock emergency response contacts to Fire and Emergency Services provided comments on 407 and impacts on local road network, what it will mean to the farming community, revised MCC brochure addressed proper way to sign property for trespass. (2 mtgs) joint meeting with 407 Advisory Committee and our committee to provide comments to MTO, TSH on 407 and impacts on the local road network, access to fields, size of farm equipment, etc. display at Orono Fair and Well Wise workshop in Newcastle submission of Mitch Morawetz for 2007 Watershed Award from CLOCA stewardship grants available to farmers from CLOC and GRCA Oecember- MCC provided a list of contacts and areas of expertise to her, build better relationship with the media and get agricultural message out to greater community. Ongoing- monitoring comments and policy recommendation on Pesticides, Durham Region Forest Bylaw The Clarington MCC also has representatives from other committees including: Durham Agricultural Advisory Committee (DMC), Clarington 407 Advisory Committee, and Durham Region Federation of Agriculture (DRFA). Other items The three resolutions that will be coming to the Jan 28th Council meeting on the trespass, vandalism and theft from farms and the penalties that have been sending the wrong message to the public. Thank the Clerk's Department for their work in figuring out that three resolutions directed a specific offices and agencies was a better route to getting the result the committee is looking for. If the Site Alternation Bylaw is on the agenda you could also mention that the committee has reviewed it and are Ok with the recommendations contained in it. Atkinson, Ellen From: Sent: To: Cc: Subject: Langmaid, Faye Monday, January 21,20088:28 AM Atkinson, Ellen Greentree, Anne Tom Barrie presentation ~ 2007 SUMMARY OF \CCOMPLISHMENT.. This is for your minutes and is the guts of it, Tom will add some additional comments. Faye Langmaid Manager of Special Projects The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Phone: 905 623 3379, ext. 216 Fax: 905 623 0830 1 DID YOU KNOW? The international sign for "no trespassing" is the red dot. Posting or painting a 10 cm circumference red dot on your fence posts, trees and other poles along your property line that are clearly visible in daylight under normal conditions from the approach and access point to the property means NO TRESPASSING as set out in the Trespass to Property Act, 1990. Trespassers can be charged by police if your property is clearly marked. Trespassers that are hunting, poaching, fishing or that have traps, can be charged under the Conservation Act by Conservation Officers. The MNR 24 hour hot line 1-877-TIPS-MNR is where you report illegal hunting, poaching and fishing. . :;os:o~::.9 CD C\) t:: C') 0 CO~~__ -. C\) .... .... .;::: OU'C\)C\)~ ~ CD :3 en S' o :3 :;0 "O~ CO 3! CD CD C\) S' Q. ~ CO "0 "0 C\) "- -. 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EQ)~t1j~~o@~Of.::.t::: 0"-)0 O:::co a t::: f.::.~ q: ,~ ~ '..;.J ctl ~ ~ CD .Q E CD =e ~o> o.~ wE = L.. rn 'Ou-en Q)"C ->rn c+::o Q) U L.. E <il m ..c: U .~ en ..Q ..aQ)c S.~ 0 en..c: en Q)Q)c >0> "C 0> en 2 c:: rn'- m .- > Q) :!::OL.. E:2~ . . .,.~ ;;;. c en o c -0 0>.- c- ._ rn L.. U rnt;:: o '0 en Q)> o..rn en ~ ..c:Q)Q) :!:: ..c: . ~ ~--o c en o en Q) c en U oCU .- 0 m en.- en-"'O :J~- uQ)~ .~ 0.._ 000 . ~j II ~-g ~:a ~~ ~~ 8~ ~ ~ 8 ~:> "C 0> ~ Q) C 0 "C .- LO .- O>N > c ernE o..~ 0 ,... ..... L.. .... "C - .Q Ccoo> rno+::Q) ..c: ~ 0::: eenxE rncrnrn Q) .Q - ..c: enrn"C:; ~"Cco c rn "CQ)-C Q) E E'- L.. L.. ~ mEmo 0..0-'0 ~UQ)N c..~=.9 . ( Mr Mayor, Members of Council, Date: Jan.21st.2008 I am here to ask you "are you planning for the future?" What actions will you take to mitigate a severe shortage of fuel oils and food in the next two to four year period.? It is not possible to predict the future with certainty. But we can look at the known facts and make forecasts as to what is likely to happen. The 'Future' begins NOW. I predict that in the next 2 to 4 years we will experience a very significant reduction in our standards of living. Because: 1) Food prices will increase due to the diversion of food grains to the "bio-fuels' programs (both in the USA and in other countries of the world). If bio-fuels programs are not terminated many people will go hungry 2) The World's Financial Situation will probably collapse in 2008 due to; a) American sub-prime mortgage scandal b) requirements (introduced in Nov. 2007) for American Banks to accurately value 3rd Level Financial Paper, c) prohibition of the practice of indemnifying auditors against errors (Jan.2008), d) the collapse of credit facilities It is very likely (probability greater than 60% ?) that the U.S will enter into a very deep recession (or worse) by the end of 2008. This depression may last for many years. Canada will almost certainly follow the USA into a deep depression. 3) The total world Exports of crude oil, WILL LIKELY PEAK IN 2011 (This is 'Peak Oil' ) (See Fig.1) at about 92 million barrels per day At the same time world demand is increasing at a higher rate. It seems likely that production will be equal to demand in 2009, and that by 2010 we will begin to see shortages of fuel at the gas pumps. These shortages will get worse as time goes by. Also, the price will increase dramatically - perhaps to as much as $250 dollars per barrel by 2011. (?) You must know that energy is the lifeblood of our society (see Fig.2). (No oil- no economy!) One barrel of oil contains about the same amount of energy as 14,000 man hours of labor. We use most of the fuel oil in transportation (70%). We also use oil for fertilizers, for agriculture, and in manufacturing industries. There are no reasonable alternatives to fuel oil at the present time. Bio-fuels can replace only about 15 % of our fuel oils. Bitumen extraction is unlikely to exceed about 3 million Barrels per day by 2012 (and 70% of that goes to the U.S. !) It is possible that a world wide recession could reduce the world demand for fuel oils - it would delay the onset of fuel oil shortages. But it is inevitable - shortages will get worse as each year goes by. A major effort to reduce the consumption of fuel oils and other forms of energy in our daily lives could delay the onset of serious energy shortages. Such delays are potentially advantageous because they give us more time to adapt to a new life style and a new economic paradigm.(No growth except by 'development' i.e. do more with less.) Reduced fuel oil consumption will also slow down/reduce carbon dioxide emissions, which may slow the rate of global warming. For the present, global warming takes second place to the effect on our society of fuel oil shortages. Conclusion It is reasonably certain that fuel oil shortages in the near term will disrupt our lifestyles and our society. With or without economic depression there will be tremendous problems related to learning to live a new lifestyle with reduced amounts of energy at our disposal. We must plan and prepare for this event in order to help people adjust to a new paradigm. What can you do? 1) Awareness. Have a staff person prepare chart(s) showing: 1 )a) The maximum world production of oil liquids. b) The range of prices paid for a barrel of oil in the last month. 2) Monthly, Quarterly, and Annual mean temperatures for the a) Northern hemisphere, b) Southern hemisphere, and c) Global Land/Ocean Surface Temperatures. These charts to be displayed in a prominent place for the information of the Mayor, Councilors, Staff and the Public. Education: Teach 'Peak Oil', 'Climate Change', 'Energy Conservation' and their implications in High Schools to all students. Initiate education and information programs on these subjects for adults. 2) Concentrate the Population in the Cities i) Affordable Housing - build 3 story apartments of not more than 800 square feet area in locations within easy walking distances of shopping areas ii) Require all new buildings (Industrial, Commercial and Residential) in the Municipality to meet advanced levels of energy conservation and energy efficiency. iii) Impose high taxes on new developments outside city limits in order to discourage that kind of expansion (such expansion causes increases in taxation to all citizens within the municipal boundaries). iv) Try to prevent an increase in the size of the local population 3) Transit i) Construct Bicycle lanes beside all roads, to make it safe for persons using normal and electrically assisted bicycles. ii) Establish fast bus services 'Through Routes' (e.g. from Newcastle to Oshawa 'GO', via Hwy 2 with stops only at major transit nodes). These buses must be able to control traffic lights on their route so as to ensure a clear, fast route). Also fast services to Toronto (via 401 using 'Bus Only' lanes) - pick up at special bus stations built beside 401 (with associated parking areas for bicycles and cars) and drop-off in Toronto at major transit stations iii) Encourage people to reduce the number of journeys they make in their vehicles (Is your journey really necessary?) iv) Establish (Public/Private partnerships ( PPP)) transport on local routes throughout the municipality to service areas around major transit nodes. These services should be free to users (but charged to municipal taxes). v) Stop construction of new roads and limit areas allocated for parking of private vehicles. vi) Stop construction and expansion of airports. 4a) Solar Generation i) Encourage residents to install solar electric panels and solar thermal panels on their homes and business' so as to reduce energy demands from residences, commercial buildings, and industrial buildings. ii)Encourage residents to purchase and install wind powered generators and ground source heat generators (heat pumps) iii) Install one or more 2 to 5 MW electrical wind generators for electricity supply in the town and rural areas. 4b) Conservation and Efficiency i)Reduce the amount of street lighting by a factor of 2 or more. ii) Encourage energy conservation and efficiency in industrial, commercial buildings and residences. iii) Promote sliding scales for energy prices - pay more as you use more. iv) Employ one or more TechnologistslTechnicians to assess and promote energy conservation practices and efficient use of energy. 5) Agriculture i) Encourage local farmers and Municipal Area residents to enter into mutual contracts for the supply of poultry, eggs, grains (corn, wheat, barley, rye, spelt), legumes (peas, beans etc), fruits (apples etc.) and winter vegetables (potatoes, swedes, cabbage, brussel sprouts, cauliflower etc). ii) Encourage residents to 'grow your own food' and poultry Prepared by John Stephenson (The opinions stated here are my own, and not necessarily the opinions of the organizations I am a member of.) 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