HomeMy WebLinkAbout10/05/2009
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DATE: MONDAY, OCTOBER 5, 2009
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held September 21,2009
PRESENTATIONS
a) Clarington Green Gaels Junior "B" Lacrosse Team - Founders Cup Tournament
b) Glenn Rainbird, O.C., Chair, Veridian Corporation and Michael Angemeer,
President and CEO, Veridian Corporation
c) Laurie Swami Director, Licensing & Environment Darlington New Nuclear Project
Ontario Power Generation - Overview of OPG's Submissions - Environmental
Impact Statement and Licence to Prepare Site
d) Representative, Durham Region Health Department - H1 N1 Readiness
DELEGATIONS (List as of Time of Publication)
a) Richard Ward - Report CLD-017-09 - Compliance Audit - John Mutton 2006
Election Campaign (Item 8 of Report #1)
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Clarington Traffic Management Advisory Committee
dated June 18, 2009
I - 2 Minutes of the Clarington Heritage Committee dated
September 15, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379
Council Agenda
-2-
October 5, 2009
I - 3 The Honourable John Gerretsen, Minister of the Environment - No
Garbage tobe Burned at St. Marys Cement Plant Inc.
I - 4 Mayor David Miller, City of Toronto - Disposition of Residual Waste
from Orgaworld
1-5 The Honourable John Gerretsen, Minister of the Environment - "No
Waste by '38" Initiative
I - 6 Debbie Gordon, Save the Oak Ridges Moraine Coalition (STORM) -
Fall Activities on the Moraine
I - 7 Chris Andersson, Clinical Coordinator, Central East Prehospital Care
Program (CEPCP) - Letter of Commendation
I - 8 The Honourable Rob Merrifield, P.C., M.P. - Rural Postal Delivery
I - 9 Debbi Leroux, Clerk - Growing Gap between Health Services
Required For Our Growing and Aging Population and the Services
Available
1- 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham -
Proposed Durham-Based Research Innovation Centre - Support for a
Durham Strategic Energy Alliance - Lead Ontario Network of
Excellence Expression of Interest Proposal
1- 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham -
Update Report on the First Four Months of Operations Related to the
Changes to Waste Collection Levels of Service in the Townships of
Brock, Scugog and Uxbridge and the Municipality of Clarington,
effective March 31, 2009
1-12 P. M. Madill, Regional Clerk, Regional Municipality of Durham-
Quarterly Report on Planning Activities
I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham -
Proposed Amendments to Regulations Under the Planninq Act to
Notify Propane Facility Operators of Development Applications
1- 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham - GO
Transit Rail Service Extension from Oshawa to Bowmanville and
Construction of a Rail Equipment Facility in Whitby
I - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham -
Durham Region Profile - Demographics and Socio-Economic Data
1- 16 Jay Dagan - Objecting to the Proposed "Energy-From-Waste" Facility
Council Agenda
- 3 -
October 5, 2009
I - 17 Gary Cole, President, West Beach Association - Progress Report on
Developments at the Beach
Receive for Direction
D - 1 Clayton Morgan - Resignation from the Clarington Traffic
Management Advisory Committee
D - 2 Andrew S. James, June and Steve Schultz, Nancy and Stephen
Kalotai, Laurie Lafrance, Kevan Goble and Family, Janet Rice,
Kelly Knight and Scott Kelly - Bowmanville Tennis Courts
D - 3 Jo-Anne St. Godard, Executive Director, Recycling Council of
Ontario (RCO) - Request for Proclamation of Waste Reduction
Week
D - 4 James Slyfield - Highway 407
D - 5 David Clark, Executive Vice President Corporate Services and CFO,
Veridian Corporation - Note Amending Agreement and Promissory
Notes
D - 6 Anita Stillman - Seniors' Snowclearing Service
D - 7 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade
Committee - 2009 Parade Expenses
D - 8 Sandra Sherk, Executive Director, Credit Counselling Services of
Durham Region, (CCSRD) - Request for Funding
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of September 28, 2009
STAFF REPORT(S)
1. Report COD-059-09 - CL2009-37, Solina Road Drainage Improvements (To be
Distributed Under Separate Cover)
2. Report COD-060-09 - CL2009-38, Concession Road 6 Rehabilitation-
Infrastructure Stimulus Fund (IS F)
3. Confidential Verbal Report of the Chief Administrative Officer Regarding a
Personnel Matter
Council Agenda
- 4 -
October 5, 2009
BUSINESS ARISING FROM NOTICE OF MOTION
a) Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS, the Municipality of Clarington's largest source of revenue is obtained
from property taxation;
AND WHEREAS, Clarington Council is concerned about ensuring that non-residential
growth from new construction is placed on the roll in time for the 2009 roll returned for
the 2010 tax year;
AND WHEREAS, at present time, MPAC is behind in processing Municipality of
Clarington's non-residential property assessments;
AND WHEREAS, it is essential for 201 0 budget purposes to ease the tax burden on
the residential taxpayers by ensuring the new non-residential properties are entered
onto the tax roll as soon as possible through the MPAC process;
NOW THEREFORE be it resolved that the Council of the Municipality of Clarington
request MPAC to place a priority on Clarington's new non-residential property
assessments so that these properties will be on the returned roll at the end of 2009
for 2010 taxation;
AND FURTHER thaUhis resolution be forwarded to Mr. Michael Porporco, Municipal
Relations Representative, Municipal Property Assessment Corporation (MPAC).
b) Moved by Councillor Robinson, seconded by Councillor Trim
THAT the following resolution #C-452-09 be reconsidered:
"THAT Report COD-051-09 be received;
THAT based on the potential for incomplete service for the Senior Snow Clearing
Program due to tender bids for part of the municipality only, Council consider
deferral of the program for the winter 2009-2010 season;
THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow
Clearing Program is cancelled;
THAT in light of the current economic climate resulting in budgetary restraints the
2010 budget deliberations consider the future of this non-core service provision
for the 2010/2011 winter season; and
THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior
Snow Removal program and other service programs, is rejected on the basis of
unacceptable past service, until such time as there is proof that their service
meets acceptable Municipal standards."
Council Agenda
- 5 -
October 5, 2009
UNFINISHED BUSINESS
1. Report CLD-019-09 - Show Kids You Care
2. Report COD-058-09 - Seniors and Physically Disabled Sidewalk/Windrow
Snow Clearing
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
q{J!mgton
Council Meeting Minutes
September 21,2009
Minutes of a regular meeting of Council held on September 21,2009, at 7:00 p.m., in
the Council Chambers.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Private Sebastien Courcy, Corporal Christian Bobbitt, Sapper Matthieu Allard,
Major Yannick Pepin, Corporal Jean-Francois Drouin, Private Patrick Lormand,
Private Jonathan Couturier Canadian soldiers killed in action since July 2009.
Councillor Hooper led the meeting in prayer.
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
Acting Chief Administrative OfficerlDirector of Corporate Services
and Human Resources, M. Marano
Deputy Fire Chief, M. Berney
Director of Engineering Services, T. Cannella, attended until
9:07 p.m.
Director of Community Services, J. Caruana, attended until 9:07 p.m.
Director of Planning Services, D. Crome, attended until 9:07 p.m.
Deputy Treasurer, L. Gordon, attended until 9:07 p.m.
Solicitor, D. Hefferon, attended until 9:07 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 9:07 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Staff Report #1.
Later in the meeting, Councillor Hooper stated a pecuniary interest with respect to
Report PSD-077-09 - Revision to Assumption Agreement to Permit the Development
of Commercial Land, which was discussed at the Special Council Meeting, held on
September 8, 2009, which he was not in attendance for.
Council Meeting Minutes
- 2 -
September 21, 2009
ANNOUNCEMENTS
Mayor Abernethy acknowledged staff of Emergency and Fire Services, particularly
Acting Captain Randy Cowan, 1st Class Firefighter Stephen Proctor and 1st Class
Firefighter Ken Ostler, for their acts of bravery in saving the lives of two residents in
their home in Courtice.
Mayor Abernethy acknowledged Cathy Abraham, Trustee, Kawartha Pineridge District
School Board who is in attendance this evening.
Councillor Robinson announced the following:
. The Annual Orono Chilli Cook-off will take place this Saturday, September 26,
2009. Councillor Robinson extended an invitation to all to attend and bid on
pies and cakes that are being auctioned, visit the bakery and support the local
community.
. The opening of the new kitchen at Kendal Community Centre will take place on
Saturday, September 26, 2009, at 6:00 p.m. The project is the result of a
Collaborative Agreement between The Trillium Foundation, The Kendal
Community Centre Board and the Municipality of Clarington.
. On September 24, 2009, a Sport and Leisure Fair will be held at the Garnet B.
Rickard Recreation Complex from 7:00 p.m. until 9:00 p.m. The public is
invited to browse the displays by community organizations offering everything
from volleyball and badminton to painting, music and horticulture.
Councillor Woo announced the following:
. The Greater Oshawa Chamber of Commerce will be hosting the 14th Annual
Business Excellence Awards on Thursday, September 24, 2009. Two
Clarington business will be honoured - The Bowmanville Zoo in the Business
Excellence Category and Algoma Orchards in the Innovative Technology
Category.
. On Thursday, September 24,2009, the United Way of Oshawa, Whitby,
Clarington, Scugog and Brock will be holding the Second Annual Barbeque
Kick-Off Campaign for the United Way in Clarington. All local businesses are
asked to participate. Councillor Woo extended an invitation to all to come out
and enjoy a hamburger and support the United Way in helping those in need.
. He congratulated two full-time Firefighters who are furthering their education -
Ken Ostler for attaining the Company Officer Certification and Steve Valk for
attaining the Fire Prevention Officer Certification.
Council Meeting Minutes
- 3-
September 21, 2009
Councillor Hooper announced the following:
. The Hampton Community Hall Annual Family Barbeque was held this past
weekend. The event was well attended, being the largest crowd ever, and
many favourable comments were received.
. Today, he welcomed Peak's Menswear to their new location at the west end of
downtown Bowmanville in the former Sugar's Bakery location, advised of the
opening of the New Life Hearing Centre at 43 Ontario Street; and,
congratulated Lange's Photo on returning to their old location into new
premises rebuilt following the downtown fire.
MINUTES
Councillor Hooper stated a pecuniary interest with respect to Report PSD-077-09-
Revision to Assumption Agreement to Permit the Development of Commercial Land,
which was discussed at the Special Council Meeting, held on September 8, 2009,
which he was absent from. He was involved in an Ontario Municipal Board Hearing
with the original owners of the property, West Diamond Properties and Metrus.
Resolution #C-492-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the minutes of a regular meeting of Council held on July 13, 2009, and the
minutes of special meetings of Council held on August 31 and September 8,2009, be
approved.
"CARRIED"
PRESENTATIONS
There were no presentations scheduled for this meeting.
DELEGATIONS
Bill Humber, Chair, Old Bowmanville Neighbourhood Association (OBNA) addressed
Council on behalf of the OBNA concerning Correspondence Item D - 15 - Clarington
Older Adult Association's Request for Additional Parking at the Clarington Beech
Centre. Mr. Humber stated the OBNA is outraged by the request of the Clarington
Older Adult Association (COM) for additional parking and paving at the Clarington
Beech Centre, displacement of the Nursery School and now the tennis courts, and the
increased sense of entitlement without respect for legacy. Mr. Humber stated the
request for more on-site parking is without legitimacy as the COM's statistics confirm
a shortfall in parking of the equivalent of two days over the course of a 365 day year, it
is an expenditure without merit, given the relocation costs of the tennis facilities and
associated paving of active lands for a dead use on almost 363 days, it is disruptive of
Council Meeting Minutes
-4-
September 21 , 2009
local amenity in the associated noise, refuse, and lack of neighbourhood respect
associated with casual one time commercial functions; and is unsubstantiated given
that within a quarter mile there are over 100 spaces on public streets. Mr. Humber
stated that it is a rejection of what the COM has already been told -- that their
unwarranted increase in parking to the south side of the building in 2002 was to be the
last encroachment on green space. Mr. Humber stated the OBNA's position is that
the current remaining green space and parkland, as well as the tennis courts and the
children's playground, must be retained and requested that the COM be told to either
live within their existing space or to find another place with unlimited parking and leave
the neighbours to work with staff on the future use of the Beech Centre building.
Linda Gasser advised prior to the meeting that she would not be addressing Council.
Peter Evans, President and Don Welsh, Director, Clarington Older Adult Association
(COAA), addressed Council concerning Item 9 of Report #1 - Heritage Conservation
District Review. Mr. Evans expressed concern that the COM was not part of the
Heritage District Survey and did not receive or fill out a questionnaire and was not
informed the survey contained derogatory comments concerning the Association.
Mr. Evans stated the COM takes strong exception to comments contained in
Attachment #1 to Report PSD-087-09 which they feel are gratuitous and anti-
Clarington Older Adult Association. Mr. Evans stated that only the COM objected to
the purchase of 26 Beech Avenue to house the Association and that they made
several representations to Council outlining potential problems, including being
located in a residential area and the lack of parking. Mr. Evans advised that at that
time, the Association was assured that the location would not be problematic and that
additional parking would be addressed as and when the need arose. As such, the
Association believes that staff and Council must now accept full responsibility for
current issues resulting from the centre being located in a residential area and must
recognize that the Heritage District Designation will compound these problems and
potentially tie Council's hands in dealing with property ownership and the COM's
operations in the future. Mr. Evans stated the Association is an economical and
successful Centre that members love and respect and to suggest that a cap be put on
its membership is unthinkable. He stressed that the Heritage Conservation District
Designation should not be allowed to adversely affect increasing parking capacity for
the Centre and requested that Council table Report PSD-087-09 until such time as
feedback from the Clarington Older Adult Association is considered 'and addressed.
Council Meeting Minutes
- 5-
September 21, 2009
COMMUNICATIONS
Resolution #C-493-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items 1- 3,1- 8,1-12,1-15,1-19, I - 25, I - 30,1- 31 and 1- 32.
"CARRIED"
I - 1 Minutes of the Central Lake Ontario Conservation Authority dated
June 23, 2009.
I - 2 Minutes of the Durham Nuclear Health Committee dated June 19,
2009.
I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated August 11, 2009 and September 8, 2009.
1-5 Minutes of the Clarington Heritage Committee dated June 16, 2009.
I - 6 Minutes of the Clarington Agricultural Advisory Committee dated
September 3, 2009.
I - 7 Minutes of the Clarington Accessibility Advisory Committee dated
September 9, 2009.
I - 9 Correspondence has been received from the following
individuals/groups objecting to the proposed "Energy-From-Waste"
facility due to health risks, increased pollution, lack of adequate
monitoring and safety precautions; suggesting advertising the
garbage incinerator in Courtice as "Clean Energy From Waste" was
misleading, requesting Council to think of the health of future
generations; requesting how this project can be stopped; and, urging
Council to support more environmentally sustainable and fiscally
responsible alternatives:
a) Gloria Duggan
b) Virginia Ervin, CEO, Durham Federal Green Party Association
c) Judy Sharpe
Council Meeting Minutes
- 6 -
September 21, 2009
1-10 Karen O'Brien, Community Engagement Consultation, Central East
LHIN, forwarding background information on funding for supportive
housing for Ontario Addictions Programs to help people who are
homeless or at risk of homelessness and who may be repeat users of
addictions treatment system, have complex addition problems or
concurrent disorders; indicating the Central East LHIN will receive
$423,000 for 32 supportive housing units to help people living with
addictions to increase stability and security in their lives and to reduce
pressure on hospital emergency rooms; and, advising of the creation
of the Minister's Advisory Group on Mental Health and Addictions and
the Select Committee on Mental Health Additions which will provide
input on the development of a long-term strategy for mental health
and additions for the province.
I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the
Honourable John Gerretsen, Minister of the Environment, advising
that on June 29, 2009, the City of Oshawa adopted the following
resolution pertaining to the Draft Environmental Assessment Report -
Energy From Waste Facility:
"THAT the draft Environmental Assessment Report concerning the
DurhamlYork Residual Waste Study incorporating previous draft
Assessment Reports and a description of the vendor selection
process, the undertaking, an assessment of the potential effects of
the undertaking and statements of commitment be rejected; and,
The City of Oshawa send a letter to the Minister of the Environment
and to the Environmental Assessment Review Process staff
indicating:
1. THAT the City of Oshawa continues to oppose the construction of
an Energy From Waste (incinerator) Facility in the Municipality of
Clarington; and,
2. THAT the City of Oshawa considers the Environmental
Assessment Review process and public consultation to be
insufficient to support such a project; and,
3. THAT the City of Oshawa urges the Minister to:
a. reject the Environmental Assessment application, or
b. failing that decision, to require the Region of Durham to redo
the Environmental Assessment process by looking at all
options beyond incineration and to ensure full and effective
public consultation in all member municipalities in the Region
of Durham; and,
Council Meeting Minutes
- 7 -
September 21,2009
THAT copies of this resolution be sent to the Regions of Durham and
York, their member municipalities, their MPs and MPPs and to the
leaders of the political parties in the Ontario Legislature and Canadian
Parliament."
1-13 Heather Brooks, Director, Watershed Planning & Natural Heritage,
Central Lake Ontario Conservation Authority (CLOCA), forwarding
copies of the Long Term Terrestrial Monitoring Program Report, the
Aquatic Monitoring Program 2008 Annual Report and the Wildlife
Monitoring Program 2008 Annual Report, received and endorsed by
CLOCA's Board of Directors on June 23, 2009.
1- 14 Laurie Swami, Director, Licensing and Environment, Darlington New
Nuclear Project, Ontario Power Generation, (OPG) advising that OPG
is continuing with the federal approvals process for new nuclear units
at the Darlington Nuclear Generating Station, as suspension of the
nuclear procurement process announced by the Province on June 29,
2009, does not include suspension of the federal approvals process;
indicating that OPG is working to complete the Environmental Impact
Statement (EIS) and application for a licence to prepare the site
(L TPS) and will submit the EIS and the application for a L TPS to a
federally-appointed Joint Review Panel in the fall of 2009; and, will
keep Council informed through regular updates as the work
progresses.
1-16 John R. O'Toole, MPP, Durham, writing further to Council's resolution
concerning the control of giant hogweed; forwarding correspondence
he received from the Honourable Leona Dombrowsky, Minister of
Agriculture, Food and Rural Affairs, responding to a constituent's
concerns regarding giant hogweed and outlining options for the
management of the species including provisions for municipalities to
pass by-laws whereby giant hogweed would be considered a noxious
weed within the area that the by-law applies and the use of certain
pesticides, exempted under the Pesticides Act ,for killing plants that
are poisonous to the touch, including giant hogweed. Additional
information is available on the Ministry's website at
www.ontario.ca/pesticideban or bv callinq 1-800-565-4923.
Council Meeting Minutes
- 8 -
September 21, 2009
1-17 Harshad Patel, P.Eng., B. C. Instruments, Member of the
Organization of CANDU Industries, applauding the Ontario Power
Authority's (OPA) suggestion for new nuclear power plants to be part
of Ontario's future base load supply; advising that B. C. Industries has
designed, manufactured and supplied several components and
assemblies for CANDU Nuclear Reactors over the past 30 years and
supports Canadian-made CANDU reactors as Ontario's best choice;
urging the Ontario Provincial government to choose CANDU nuclear
for its new nuclear build program, helping to keep jobs and economic
benefits in Ontario; and, urging the Ontario Government not to repeat
history and lose Canadian technology as evidenced when the Federal
Government scrapped the "AVRO Arrow" program; and, to reconsider
ACR1000, designed by AECL to ensure clean energy for long-term
survival.
I - 18 The Honourable John Baird, Minister of Transport, Infrastructure and
Communities, and the Honourable George Smitherman, Ontario's
Deputy Premier and Minister of Energy and Infrastructure, advising
that the Municipality of Clarington was selected and approved for
funding under the Infrastructure Stimulus Fund, a collaborative
partnership between all three levels of government, for Federal
funding in the amount of $826,667 and Provincial funding in the
amount of $826,667 for the Concession Road 6 Pavement
Rehabilitation - Old Scugog Road to Acres Road Project; and that
staff from the Canada-Ontario Infrastructure Secretariat will develop a
Contribution Agreement to ensure funds will be reimbursed without
delay.
1-20 Oak Ridges Trail Association Media Release dated August 13, 2009,
announcing the Oak Ridges Moraine has received funding support in
the amount of $144,800 to allow the Oak Ridges Trail Association, the
Oak Ridges Moraine Land Trust and Save the Oak Ridges Moraine to
join forces under a common brand: "The Moraine. For Life. Working
Together for the Oak Ridges Moraine." to work collaboratively on
outreach and education, developing a joint membershipldonor base
and coordinating community supports by adopting and implementing
common volunteer management policies, sharing resources and
encouraging greater awareness of the moraine. Further information
is available by contacting Stan Butcher, Acting Executive Director,
Oak Ridges Trail Association at execdir@oakridqestrail.orq or
Judy Gilchrist, Research Development Officer at
iqilchrist@stormcoalition.orq.
Council Meeting Minutes
- 9-
September 21,2009
I - 21 Ann-marie Harley, Event Organizer, Newcastle's Art Show Inc., a not
for profit corporation operating as a Gift of Art, Clarington's Artist &
Artisan's Outlet, thanking Council for support of this community event
and staff of the Operations Department for their efforts in putting the
grounds at the Bond Head Parkette in immaculate condition for the
2009 show; advising they are introducing "Music on a Sunday
Afternoon" in the garden behind 20 Robert Street West in an attempt
to introduce the community to the Gallery and that they expect to
have their catalogue of fall and winter classes available for distribution
on August 15th; and, extending an invitation to Council to drop by and
enjoy the continually evolving artistic works of the people of
Clarington and surrounding areas.
I - 22 Barbara Karrandjas, Legislative Administrator, Town of Caledon,
writing to the Standing Committee on General Government of the
Provincial Legislature, advising that on August 4, 2009, the Town of
Caledon, adopted the following resolution pertaining to the Mininq Act
and Aqqreqate Resources Act:
"THAT Report LS-2009-003 regarding Proposed Amendments to the
Mininq Act and Recommended Amendments to the Aqqreqate
Resources Act be received; and
THAT Council support the following amendments to the Aqqreqate
Resources Act:
1. THAT the purpose section recognize that mineral resources
cannot be extracted where there are threats to the environment
or water,
2. THAT municipalities have the same power as the communities in
the Far North have in regard to mining - namely the power to
designate areas as inconsistent with resource extraction, whether
mining or aggregate extraction, and
3. THAT the Minister of Natural Resources has the power to
exclude Crown lands from the extraction of aggregate resources
on environmental considerations.
THAT Council authorize the submission of Report LS-2009-033
regarding Proposed Amendments to the Mininq Act and
Recommended Amendments to the Aqqreqate Resources Act and
Council's Resolution regarding the Report to the Standing Committee
on General Government of the Provincial Legislature; and
Council Meeting Minutes
- 10-
September 21 , 2009
THAT Council instruct the Clerk to forward Report LS-2009-033
regarding Proposed Amendments to the Mininq Act and
Recommended Amendments to the Aqqreqate Resources Act and
Council's resolution in regard to the Report to the Standing
Committee on General Government, to The Honourable Donna
Cansfield, Minister of Natural Resources, to Sylvia Jones, MPP, to the
Association of Municipalities of Ontario (AMO), the Caledon
Environmental Advisory Committee (CEAC), to the Coalition of
concerned Citizens (CCC), to the Canadian Institute for
Environmental Law and Policy (CIELAP), the Toronto Environmental
Alliance and to the major aggregate producer municipalities in
Ontario."
I - 23 Correspondence has been received from the following
individualslgroups nominating various roads under the Municipal
Roads Coalition's Worst Municipal Roads Program; urging Council to
support the campaign which emphasizes the urgent need for funding
from the Federal and Provincial Governments; and, encouraging
Council to publicly call on the Prime Minister of Canada and the
Premier of Ontario to commit to share more gas tax revenue with
communities to help repair municipal roads and bridges.
. Name
Road
Alex Mitchell
Concession Road 6, west of
Solina Village
Matthew Marsh
Concession Road 6
Megan Barker
Wm Bruce Luke
Concession Road 6
Concession Road 6
Wesley Werry
Concession Road 6
Henry Gassmann
Old Scugog Road
Old Scugog Road
Old Scugog Road
Caroline Matthews
Ken Andrews
John Whitehead
Arthur Street
Darlene Sheppard
Cobbledick Road
Mark Dempster
Regional Road #57
Council Meeting Minutes
- 11 -
September 21, 2009
I - 24 Doug Hately suggesting that the campaign to name the worst
municipal roads is a misguided waste of time as he feels Clarington's
roads are in excellent condition and that the real problem is with
drivers' poor driving habits. Mr. Hately suggests that there needs to
be much stronger enforcement of traffic laws to make the roads safer
and that the occasional bump is good for slowing down speeders.
I - 26 Christine A. Fahey, Project Director, Port Hope Area Initiative
Management Office, AECL, informing the Municipality that the
Responsible Authorities, Natural Resources Canada and the
Canadian Nuclear Safety Commission, have supported the
conclusions of the Environmental Assessment Screening Report Port
Granby Long-Term Low-Level Radioactive Waste Management
Project; indicating that the project is not likely to cause significant
adverse environmental effects, and supporting the recommendations
for the mitigation measures and preparation of the necessary Follow-
Up Plan and Program. In the event that the Municipality of Clarington
finds that the Project described in the final Screening Report is not
that which was previously consented to by the Municipality, the Legal
Agreement provides for a 60-day consultation period followed by a
30-day period for the Municipality to decide if it wants to proceed with
the project and the proponent has requested to be informed of the
Municipality's intent in this regard.
I - 27 Lion Linda Duffie, Past President, Bowmanville Lions Club, extending
appreciation to their corporate sponsors for helping to make the 14th
Annual Rubber Duck Derby a success and looking forward to
continued involvement next year.
I - 28 Association of Municipalities of Ontario (AMO) Member
Communication dated August 26, 2009, providing an update on the
communications requirement of the Federal Gas Tax Fund advising
that municipalities have a responsibility to communicate with the
public to promote the benefits of the Federal Gas Tax Fund by
showing that long term, predictable funding leads towards
investments in environmentally sustainable infrastructure and
demonstrating the success of the Federal-Municipal partnership; and,
encouraging municipalities to take advantage of the Federal Gas Tax
Fund communications toolkit available on the AMO website, to notify
AMO of upcoming events related to gas tax funded projects for
assistance in preparing news releases, media advisories and
invitations to ground-breaking or ribbon-cutting ceremonies, and to
submit photographs of gas tax funded projects for inclusion in AMO's
future GTF Annual Reports and GTF Outcomes Reports.
Council Meeting Minutes
- 12-
September 21, 2009
I - 29 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation,
forwarding a copy of the 2008 Oak Ridges Moraine Foundation
Annual Report profiling the Foundation's many partners - agencies,
non-government organizations and landowners who have committed
their knowledge, time and energy to protecting The Moraine. For Life.
I - 33 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing, providing an update on the progress of uploading of
previously cost-shared social benefit programsLe. Ontario Disability
Support Program (ODSP) and Ontario Drug Benefit (ODB) off the
municipal property tax base; indicating that in 2010 the Province will
gradually phase in the uploading of costs of the Ontario Works
Benefits (Income and Employment Assistance) and in 2012 will phase
in the upload of municipal costs for court security and for
transportation of prisoners; advising that the Province continues to be
mindful of municipal infrastructure pressures and have repeatedly
made the case to the Federal government for increased assistance
for infrastructure funding; and, encouraging municipalities to continue
allocating some of the savings realized from the uploads to municipal
infrastructure.
I - 34 Bruce Pearse, Chair, Land Use Council (LUC), writing to the
Honourable Donna Cansfield, Minister of Natural Resources,
expressing concern with the fast-tracking of proposed species habitat
regulations into legislation with a lack of balanced, effective and
timely landowner consultation and communication by the Ministry of
Natural Resources, and expressing concern with the implementation
and enforcement of the Endanqered Species Act 2007 and prospect
of fines and sentences for violators charged under the strict liability
provisions of the Act.
I - 35 Edmond Vanhaverbeke, President, Syvan Developments Limited,
commending Municipal staff, specifically Rick Pigeon and Gord Weir,
for their involvement in an emergency situation that occurred on
May 8, 2009, when a portion of the existing foundation wall of 101-
109 King Avenue West collapsed forcing the evacuation of
commercial businesses and residential apartments and also
expressing appreciation to Mayor Abernethy and Councillor Robinson
and Councillor Woo for attending the site and providing support.
Mr. Vanhaverbeke reports that the building addition is now coming
along very well, is fully leased in advance and will be an attractive
addition to Newcastle's downtown.
Council Meeting Minutes
- 13-
September 21, 2009
I - 36 Libby Smithson, Debbie Dunham, Yvonne Stefanin, Althea Chaffey,
BBO Committee, Newtonville Community Hall Board extending
appreciation to the Municipality for helping to make their barbeque on
August 9th a successful day filled with fun, good food and music for
kids and adults alike and looking forward to next year's event.
I - 37 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA), forwarding information on
CLOCA's 2009 Watershed Awards to recognize environmental
contributions made by the community towards the stewardship and
enhancement of the watersheds and seeking nomination
suggestions for contributions made by individuals, community groups
and businesses/corporations. The deadline for submission is
September 25, 2009.
I - 38 Michael Binder, Canadian Nuclear Safety Commission (CNSC)
forwarding a copy of the CNSC Staff Integrated Safety Assessment
of Canadian Nuclear Power Plants for 2008, evaluating how well
licensees are meeting regulatory requirements and CNSC
expectations to ensure the health and safety of Canadians and the
environment; providing an overview of the safety performance of
Darlington Nuclear; indicating the Darlington integrated plant rating
for 2008 was "Fully Satisfactory", all safety and program areas were
rated at either "Fully Satisfactory" or "Satisfactory" with the exception
of the Equipment Qualifications rated at "Below Expectations" due to
the incomplete environmental qualification requirements of
equipment at the station; however, a project has been underway to
meet all requirements and is scheduled to be completed by
December 31,2010. The correspondence confirms that overall,
Ontario Power Generation made adequate provision for the
protection of the environment, health and safety of persons and
measures required to implement Canada's international obligations.
I - 39 Stu Seedhouse, Senior Vice-President, Darlington Nuclear, providing
information on the 2008 annual Canadian Nuclear Safety
Commission (CNSC) assessment of Canadian nuclear stations;
indicating that the CNSC assessment concluded Ontario Power
Generation's (OPG) Darlington Nuclear operations were "Fully
Satisfactory" and Pickering A and B stations performed at a
"Satisfactory" level; advising that Darlington received 10 "Fully
Satisfactory" marks, 10 "Satisfactory" grades and one "Below
Expectations" mark of the 21 categories graded; advising that the
"Below Expectations" mark was for the Equipment Qualification
program and the rating was expected as the program is currently the
subject of a continuous improvement process, and noting that until
the process is completed in 2010, the mark in the EQ category will
remain the same; and, indicating that he would be happy to answer
Council Meeting Minutes
- 14-
September 21, 2009
questions individual Council members may have on this or any other
issue.
I - 3 Minutes of the Ganaraska Region Conservation Authority dated
June 18, 2009.
Resolution #C-494-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the Minutes of the Ganaraska Region Conservation Authority dated
June 18, 2009, be received for information.
"CARRIED"
I - 8 Bob Malcolmson, CEO & General Manager, Greater Oshawa
Chamber of Commerce, forwarding a copy of a media release
outlining details of correspondence the Chamber sent to Prime
Minister Stephen Harper and Premier Dalton McGuinty voicing their
concern with the decision to suspend the RFP process for new
nuclear power for Ontario at a time when the Canadian economy is in
severe recession; indicating the loss of this build is devastating to the
economies of the Province and the Region and impacts the
construction industry, suppliers, manufacturers, transportation and the
local university; warning that Canada's Technology future is at stake;
urging both levels of government not to make the same mistake with
Nuclear as Canada did in 1959 when Government cancelled the
AVRO Arrow, crippling the domestic aerospace industry and sending
the country's engineers and scientists south; and, commenting that if
Canada is going to be able to position itself to be a leader in the
nuclear renaissance, Ontario must make a decision and send an
important message to the world that Ontario's nuclear manufacturers
are open for business.
Resolution #C-495-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 8 from the Greater Oshawa Chamber of
Commerce, voicing their concern to Prime Minister Stephen Harper and Premier
Dalton McGuinty with the decision to suspend the RFP process for new nuclear
power for Ontario, be endorsed.
"CARRIED"
Council Meeting Minutes
- 15 -
September 21, 2009
I - 12 P. Madill, Regional Clerk, Region of Durham, writing to the
Honourable James Bradley, Minister of Transportation, advising that
on June 24, 2009, Durham Regional Council adopted the following
resolution pertaining to the Highway 407 East Completion
Environmental Assessment (EA) - Pre-submission Review of the
Draft EA Report:
"a) THAT Regional Council endorse the Technically Preferred Route,
consisting of the Highway 407 Mainline, West Durham Link and
East Durham Link in principle, as the basis for the submission of
the Final EA Report to the Minister of the Environment;
b) THAT the Region urges the Ministry ofTransportation to commit
to the construction of the entire Highway 407 Mainline, West
Durham Link and East Durham Link by 2013 as one phase of
construction;
c) THAT the Lake Ridge Road interchange at Highway 401, and the
widening of Highway 401 between Salem Road and the West
Durham Link, be included in the five-year construction program
for Southern Ontario highways (i.e. 2009-2013), to coordinate
with the construction of the West Durham Link;
d) THAT as part of the five-week Pre-Submission Review, Regional
staff provide comments to the Project Team on the Draft EA
Report and Preliminary Design of the Technically Preferred Route
. during the Council summer recess;
e) THAT the Ministry of Transportation be requested to work closely
with the Region and area municipalities following submission of
the Final EA Report, through further design work and
implementation plan development; and
f) THAT the Ministry of Transportation not preclude the future
connection of the transitway along the West Durham Link to a
potential GO Station south of the Highway 401 in the area of
Lakeridge Road through design and by including in the Highway
407 Environmental Assessment Study a notation showing this
possible future connection;
g) THAT the design and construction of all structures crossing the
Highway 407 Mainline, West Durham Link and East Durham Link
include adequate provision to accommodate pedestrians, cyclists
and persons with disabilities, at no cost to the Region or area
municipalities; and
Council Meeting Minutes
- 16 -
September 21, 2009
h) THAT a copy of Joint Report #2009-J-25 be forwarded to the
Ministry of Transportation, area municipalities and Conservation
Authorities."
Resolution #C-496-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the Region of Durham, with respect to the Highway
407 East Completion Environmental Assessment (EA) - Pre-submission
Review of the Draft EA Report, be endorsed.
"CARRIED"
I - 15 Dave Wartman, Director, Atmospheric Monitoring, Weather and
Environmental Monitoring Directorate, Meteorological Service of
Canada, responding to Council's request for Environment Canada to
investigate the installation of a weather station in Clarington;
indicating that unfortunately, it is not possible for Environment
Canada to establish monitoring stations in every community, noting
there is an automatic weather station located in Cobourg, weather
stations located in Peterborough and Toronto Buttonville Airport and
volunteer climate stations located in Marsh Hill, Blackstock and
Oshawa; advising that the Meteorological Service of Canada (MSC)
continually reviews their network configuration relative to weather and
climate information requirements, new technologies and potential
partnerships to lead to improvements in services; and, advising that
although the MSC has no immediate intention to install a full
automatic station in the vicinity of Clarington, they are considering the
establishment of a broader cooperative observing system, and inviting
the Municipality to contact Joanne St-Coeur, Regional Director,
Weather and Environmental Operations, Meteorological Service of
Canada should Council wish to discuss this further.
Resolution #C-497-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item I - 15 from the Meteorological Service of Canada
with respect to the installation of a weather station in Clarington be received for
information; and
THAT the opportunity of a weather station in Clarington continue to be pursued
as time progresses.
"CARRIED"
Council Meeting Minutes
- 17 -
September 21, 2009
I - 19 The Honourable Dalton McGuinty, Premier of Ontario, writing to Allan
P. Lafontaine, President, Tax Recovery Group, concerning the
proposed single, value-added sales tax announced in the 2009
Ontario Budget, thanking the Group for their input and support of the
Province's tax reform which will make Ontario's economy more
competitive for the benefit of citizens and businesses; and, advising
that the specific issue raised regarding the rebate for municipalities
under the new tax system has been forwarded to the Honourable
Dwight Duncan, Minister of Finance, for a direct response to the Tax
Recovery Group.
Resolution #C-498-09
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS the Provincial Government has announced a comprehensive tax
reform package that will include the introduction of the Harmonized Sales Tax
(HST), subject to legislative approval and the signing of a tax agreement,
effective July 1, 2020;
WHEREAS the Province has stated that the HST would be treated the same as
under the current GST rules, requiring Municipalities to pay the HST on their
purchases and then apply for a municipal publ.ic services body rebate;
WHEREAS the provincial rebate would be set at a rate of 78% compared to the
federal rebate rate of 100% currently allowed;
WHEREAS the Province anticipates that the fiscal impact to Municipalities will
be neutral relative to the Retail Sales Tax that is currently paid;
WHEREAS the Municipality of Clarington cannot determine the full financial
impact of the new HST legislation until the transitional rules and procedural
details of the change have been reviewed;
AND WHEREAS the preliminary numbers suggest the HST may represent a
fiscal burden to Municipalities;
NOW THEREFORE BE IT RESOLVED THAT the Provincial Government be
requested to increase the provincial rebates for Municipalities to a rate of 100%,
mirroring the federal rebates currently existing in the GST legislation to truly
achieve fiscal neutrality and reduced administrative burden;
Council Meeting Minutes
- 18-
September 21, 2009
AND THAT the Honourable James M. Flaherty, Federal Minister of Finance, the
Honourable Dwight Duncan, Provincial Minister of Finance, Bev Oda, MP,
John O'Toole, MPP, the Association of Municipalities of Ontario, and the
Municipal Finance Officers' Association be provided a copy of this resolution."
"CARRIED"
I - 25 Goldak Airborne Surveys advising that they have been contracted by
Health Canada to provide an airborne survey of a large portion of
southern Ontario, including the Municipality of Clarington; indicating
that as part of their 'Work Zone Plan" to Transport Canada, they are
required to notify the municipality of the work being undertaken;
advising that the survey will be conducted between September 1 and
December 1, 2009, and will entail the use of a twin engine Piper
Navajo aircraft equipped with survey equipment and two pilots flying
at an altitude of 150 metres above the highest obstruction in the
community in a grid pattern with flight lines one kilometer apart so the
number and frequency of passes and noise impact to the community
will be minimal. Further information is available by contacting Goldak
Airborne Surveys at 306-249-4474.
Resolution #C-499-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence I - 25 from Goldak Airborne Surveys with respect to a
Health Canada Airborne Survey, be referred to staff for further information.
"CARRIED"
I - 30 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing, forwarding the 2009 reporting requirements for the
Municipal Performance Measurement Program (MPMP) and schedule
containing the list of measures effective January 1, 2010; indicating
Municipalities will begin reporting tangible capital assets and
amortization in their financial statements in accordance with the
Public Sector Accounting Board's Guideline PS 3150; advising that
the Ministry is presently exploring the feasibility of adding measures
concerning building services, social housing, long-term care and
museums; and, inviting municipalities to subscribe to Municipal
Information Data and Analysis System (MIDAS), AMO's web-based
software tool providing municipalities with free access to MPMP and
FIR data to enable staff to perform self-generated comparisons with
other municipalities.
Council Meeting Minutes
- 19-
September 21,2009
Resolution #C-500-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item 1- 30 from The Honourable Jim Watson, Minister
of Municipal Affairs and Housing, with respect to the 2009 reporting
requirements for the Municipal Performance Measurement Program (MPMP),
be received for information.
"CARRIED"
I - 31 Durham Region Transit (DRT) advising that DRT is in the process of
developing a Long-Term Transit Strategy to layout a vision, assess
alternatives, and establish specific directions for transit in Durham
Region and the role that rapid transit will take in the years to come;
and, inviting members of the public to attend Open Houses across the
Region to gain public input. In Clarington. the Public Information
Centre will be held at the Garnet Rickard Centre - North Hall, on
November 2, 2009, from 4:00 p.m. to 8:00 p.m.
Resolution #C-501-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item 1- 31 from Durham Region Transit (DRT). with
respect to the Long-Term Transit Strategy, be received for information.
"CARRIED"
I - 32 Association of Municipalities of Ontario (AMO) Member
Communication dated September 3, 2009, advising of Federal and
Provincial funding programs for rural and northern broadband
development under the Federal Broadband Canada Program and the
Province's Building Broadband in Rural and Northern Ontario
programs; advising that funding is available to eligible private sector
companies, consortiums, not-for-profit organizations and
municipalities to assist in bringing broadband connectivity to unserved
and underserved areas; and, that the application period is open until
October 23, 2009.
Council Meeting Minutes
- 20-
September 21, 2009
Resolution #C-502-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item I - 32 from the Association of Municipalities of
Ontario (AMO), with respect to Federal and Provincial funding programs for
rural and northern broadband development, be referred to the Director of
Corporate Services and Human Resources and to the Clarington Board of
Trade.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-503-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 20 be approved as per the agenda, with the
exception of Items D - 1, D - 3, D - 5 and D - 16.
"CARRIED"
D - 2 Bernice Watson expressing concern with the loss of acute care
services and on site internists from Lakeridge Health Bowmanville as
proposed by the LHIN, the impact the decision will have on quality of
care and the domino effect on other services such as EMS who are
already transporting and waiting with patients in various hospitals and
the impact this may have on the number of vehicleslstaff needed to
transport patients no longer able to stay in Lakeridge Health
Bowmanville; and, questioning the rationale of removing acute care
services from a thriving hospital and a growing community.
(Correspondence referred to all
MPP's in Durham Region, to Kevin
Empey, CEO Lakeridge Health, to
Foster Loucks, Chairman of the
Board of Directors of Central East
Local Health Integration Network
(LHIN), and to the Honourable David
Caplan, Minister of Health and Long
Term Care)
Council Meeting Minutes
- 21 -
September 21, 2009
D - 4 Association of Municipalities of Ontario (AMO) Member
Communication dated July 15, 2009, advising the Ministry of
Transportation is accepting applications for the 2009-2010 Ontario
TDM Municipal Grant Program: A Program to Encourage cycling,
Walking, Transit and Trip Reduction. The program will provide
financial assistance to Ontario Municipalities for the development
and implementation of TDM plans, programs and services that
promote alternatives to driving alone. Program details are available
on AMO's website and the deadline for receipt of applications is
October 2, 2009.
(Correspondence referred to the
Director of Engineering Services)
D - 6 Bobby-Jo Penney, opposing the proposed demolition of Camp 30;
and, requesting Council to do all that is necessary to preserve the
nation's historical heritage sites for future generations.
, (Correspondence referred to the
Director of Planning Services)
D - 7 Beth Cullen-Keidann, Public Health Nurse, Region of Durham,
advising October is recognized as "International Walk to School
Month" and Wednesday, October yth is known as "International Walk
to School Day (IWALK)"; inviting the residents of Clarington to
participate in the 9th AnnuallWALK events such as walking, cycling
and wheeling as a means by which to get to and from school;
highlighting the benefits of participating in active transportation; and,
encouraging the Municipality to proclaim the month of October as
'Walk to School Month" and October yth as "International Walk to
School Day".
(Proclaimed)
D - 8 Karyn Kennedy, Executive Director, and Siew Lee Brett,
Manager of Fund Development, Boost: Child Abuse Prevention &
Intervention, advising of the 5th Annual "Go Purple for Prevention!
Campaign" to raise awareness and provide education on efforts to
eliminate abuse and violence in the lives of children and youth and to
raise funds to support the organization's primary prevention
programs; and, requesting Council to proclaim October as "Child
Abuse & Neglect Prevention Month" and to encourage citizens to
wear something purple to show their support.
(Proclaimed)
Council Meeting Minutes
- 22-
September 21, 2009
D - 9 Clinton Shane Ekdahl, expressing concern with the disappearance of
honey bees in alarming numbers all over the world succumbing to
Colony Collapse Disorder (CCD) and with the resulting impact on
plant species and their role in the stability and survival of the
environment; and, requesting that May 29,2010 be declared as the
first annual "Day of the Honey Bee", and thereafter in perpetuity, to
raise awareness and respect for Honey Bees.
(Proclaimed)
D - 10 Donald G. Duthie, Sponsoring Chairman, 172 Clarington Osprey
Squadron, Royal Canadian Air Cadets, requesting permission to hold
a Tag Weekend starting October 1 through to October 4,2009.
(Approved for Tag Days October 1,
2009 to October 4, 2009)
D - 11 Ive Balins, Crohn's and Colitis Foundation of Canada, advising the
month of November has been officially designated by the Federal
Minister of Health in 2006 in an effort to advance public
understanding of the urgency of finding a cure for Crohn's disease
and ulcerative colitis; and, requesting that the Mayor provide a letter
of support for local and national based initiatives and that November,
2009 be proclaimed as "Crohn's and Colitis Awareness Month" in
Clarington.
(Proclaimed)
D - 12 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing, Christine Norris, President, Association of Municipal
Managers, Clerks and Treasurers of Ontario (AMCTO) and Peter
Hume, President, Association of Municipalities of Ontario (AMO),
advising of the positive response received from municipalities and
schools that participated in Local Government Week 2008 and
extending an invitation to participate in "Local Government Week" to
be held October 18 to 24, 2009, to showcase the services
municipalities provide to the community as well as the wide range of
careers in local government; and, forwarding an updated information
package and resource guides for use in planning activities and
events that would be of interest to schools and the general public.
(Proclaimed)
Council Meeting Minutes
- 23-
September 21, 2009
D - 13
Correspondence has been received from the following individuals
advising the Bowmanville Tennis Club is part of Bowmanville's
historic core providing a first class outdoor sport facility maintained at
no cost to the municipality; expressing concern with the potential loss
of the Bowmanville Tennis Courts and the expansion of parking into
the local community park as a solution to the parking problems
experienced by the Older Adult Association; suggesting the Older
Adult Association consider satellite locations to expand their
programming; and, urging Council to recognize the club's historic
and community value and to find another solution to the parking
problem.
a) Kim Majid, President, Bowmanville Tennis Club
b) Pat Marjerrison
c) Melanie and Rod Mcarthur
d) Jo-Anne L. James
e) Allison Fellowes Strike
f) Timothy James
g) Sally Christmas
h) Dorothy Kelly
(Correspondence referred to the
Director of Engineering Services)
D - 14 Douglas Morgan offering a compromised solution to the parking
issue at the Clarington Beech Centre, suggesting that the
Bowmanville tennis courts be turned into additional parking at the
end of this year's tennis season on the guarantee that new courts be
built early next spring to the west of the existing courts and realigning
the horseshoe pitches creating additional parking to the south.
(Correspondence referred to the
Director of Engineering Services)
D - 15 Bill Humber, Representative of the Old Bowmanville Neighbourhood
Association, in opposition to the Clarington Older Adult Association's
request for additional parking at the Clarington Beech Centre,
indicating the request will impact neighbourhood resources including
the tennis courts and green space.
(Correspondence referred to the
Director of Engineering Services)
Council Meeting Minutes
- 24-
September 21, 2009
D - 17 Correspondence has been received from the following West Beach
cottagers outlining their family history and personal significance of
the Bowmanville West Beach; requesting to remain in their cottages
until the new park is an established reality; suggesting that their
presence on the beach would be a deterrent to acts of vandalism
and hoping that the Municipality will grant life-time leases to the
present owners similar to what has been done in Sand Banks Park
and Toronto Islands:
a) Chuck and Gail MacDonald
b) Dr. Edwin J. Bounsall
c) Gary Cole
d) Shirley Fowler
e) Jean Severs
(Correspondence referred to the
Director of Planning Services)
D - 18 Sid Ryan, President, Canadian Union of Public Employees (CUPE)
and Tracy Saarikoski, President, The Ontario Coalition for Better
Child Care (OCBCC) requesting that Wednesday, October 21,2009,
be proclaimed as "Child Care Worker & Early Childhood Educator
Appreciation Day" in Clarington, in recognition of the many people
who work providing care to children and contribute to the economic
life of communities.
(Proclaimed)
D - 19 Newcastle Business Improvement Area requesting permission to
extend the street closure of King Avenue to Baldwin Street and
include the intersection of Mill Street as a result of increased interest
from vendors for the Annual Fall Festival to be held October 3, 2009.
(Approved provided the Organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 20 Kerry Meydam tendering her resignation from the Samuel Wilmot
Nature Area Management Advisory Committee.
(Correspondence received with regret
and referred to the Municipal Clerk)
D - 1 Grace Flonk, requesting staff investigate repairing or paving Lovers
Lane.
Council Meeting Minutes
- 25-
September 21, 2009
Resolution #C-504-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Correspondence Item D - 1 from Grace Flonk, with respect to repairing
or paving Lovers Lane, be referred to the Director of Engineering Services.
"CARRIED"
D - 3 The Honourable Bev Oda, P.C., M.P., Durham, advising that she has
been approached by several of her constituents and residents of the
Veltri Complex expressing concern that there is no break in traffic
flow on King Street East in Bowmanville between Liberty Street and
Division Street creating a dangerous situation for many seniors and
others who need to cross this stretch of road; and, questioning
whether the Municipality has given any consideration into installing
traffic calming measures, such as a crosswalk, on this section of the
road.
Resolution #C-505-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D - 3 from The Honourable Bev Oda, P.C., M.P.,
Durham, with respect to traffic flow on King Street East, be referred to the
Director of Engineering Services.
"CARRIED"
D - 5 Association of Municipalities of Ontario (AMO) Member
Communication dated July 15, 2009, advising the Province has
released the draft Built Environment Standard under the Accessibilitv
for Ontarians with Disabilities Act. 2005 for public review and
comment. The initial standard was developed by an external
Accessible Built Environment Standards Development Committee
(SDC) who will review comments and finalize a proposed standard
for submission to the Minister of Community and Social Services
based on public feedback. The review period is from July 14, 2009
to October 16, 2009. AMO is urging its members to review the
proposed standard and to provide comments and will be developing
a response to the standard outlining municipal issues and concerns.
Council Meeting Minutes
- 26-
September 21, 2009
Resolution #C-506-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D - 5 from the Association of Municipalities of
Ontario (AMO), with respect to the draft Built Environment Standard under the
Accessibilitv for Ontarians with Disabilities Act, 2005, be referred to the
Municipal Clerk.
"CARRIED"
D - 16 Brittany Johnston expressing concern with the dangerous situation at
the intersection of Division Street and Wellington Street and the
perception of many drivers that it is a four-way stop; advising of
several incidents in which drivers travelling along Wellington Street
failed to yield to drivers travelling along Division Street; and,
suggesting the intersection be made into a four-way stop to address
safety concerns.
Resolution #C-507 -09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Correspondence Item D -16 from Brittany Johnston, with respect to
safety concerns with the intersection of Division Street and Wellington Street,
be referred to the Director of Engineering Services.
D - 21
"CARRIED"
Sandy Archibald, First Impressions Exchange Co-ordinator,
Clarington Marketing Minds (CMM) advising that CMM will be
participating in a community exchange through the First Impressions
Program in October, 2009, a program adopted by the Ontario
Ministry of Agriculture, Food & Rural Affairs in 2005 in which
participating communities gain valuable insight and knowledge into
the impressions of their community by a first-time visitor; indicating
that the groundwork for Clarington's participation was endorsed by
Members of Council in 2007 when approval was granted for
Clarington Tourism to participate when a suitable community
exchange was confirmed; advising that October has been
determined as the exchange period with the Woodstock area; and,
respectfully requesting that Council support the initiative, in principle,
permit staff of Communications and Tourism to act as a resource;
and, consider appointing a Council member to participate as a secret
visitor.
Council Meeting Minutes
- 27-
September 21, 2009
Resolution #C-508-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Correspondence Item D - 21 from Sandy Archibald, regarding the First
Impressions Program, be supported 'in principle' and that Clarington
Communications and Marketing staff be permitted to act as a resource within
the limits of their budget; and
THAT the Clarington Board of Trade be encouraged to support the initiative.
"CARRIED"
D - 22 Teresa Van Raay, Pork Producer, South Western Ontario, advising
that the Canadian Pork industry is going into its third year of losses
and the ability for the industry to obtain a fair price for their product
and continue to provide food for Canadians and the world is being
threatened by the economy and American legislation affecting the
ability to export live animals to the U.S.; indicating that US pork is
being imported to Canada because they can supply at a discounted
rate; that if the Canadian pork industry is decimated, there will be
major effects not just to pork farmers but to lending institutions, farm
equipment operators, feed companies, smaller retailers,
veterinarians, genetics companies and many others, noting there is
$7.7 billion in economic activity and $2.1 billion in wages and
salaries directly attributed to pork export; requesting that all levels of
government recognize there is a crisis and that action is required
immediately to provide support for the pork producers.
Resolution #C-509-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item D - 22 from Teresa Van Raay requesting support
for the Canadian Pork Industry be referred to the Clarington Agricultural
Advisory Committee.
"CARRIED"
D - 23 Tracey Burrows, Committee Clerk, City of Burlington, advising
Council that on July 6, 2009, the City of Burlington adopted the
following resolution pertaining to BurlingtonGreen resolution
regarding Ontario Regulation 444/98 (Disposition of Surplus Real
Property):
Council Meeting Minutes
- 28-
September 21, 2009
'WHEREAS Ontario's Places to Grow Act recognizes that in order to
accommodate future population growth, support economic prosperity
and achieve a high quality of life for all Ontarians, planning must
occur in a rational and strategic way and;
WHEREAS the Government of Ontario recognizes within the Places
to Grow Act that an integrated and coordinated approach to making
decisions about growth across all levels of government will contribute
to maximizing the value of public investments and;
WHEREAS a key purpose of the Places to Grow Act is to enable
decisions about growth to be made in ways that sustain a robust
economy, build strong communities and promote a healthy
environment and a culture of conservation and,
WHEREAS the Government of Ontario's Places to Grow Act
encourages municipalities, conservation authorities, non-
governmental organizations and other interested parties to develop a
system of publicly accessible parkland, open space and trails
including shoreline areas, within the Greater Golden Horseshoe and;
WHEREAS the Places to Grow Act encourages municipalities to
establish an urban open space system within built-up areas, which
may include rooftop gardens, communal courtyards and public parks
and;
WHEREAS the sale of existing, public green space or active or
passive parkland associated with surplus school sites by local school
boards solely and fully for commercial redevelopment is
fundamentally contrary to the intent, purpose and spirit of the Places
to Grow Act for the Greater Golden Horseshoe as identified above
and;
WHEREAS a large majority of existing public greenspace or active or
passive parkland associated with surplus schools sites and owned
by local school boards have been in use by the public for decades
and have become significant elements of that community's system of
publicly accessible parkland, open space and trails and;
WHEREAS local school boards are constrained in their consideration
of innovative, community oriented and future focused opportunities
for the disposal of surplus properties necessary to meet the purpose,
intent and spirit of the Places to Grow Act because of Ontario
Regulation 444/98 (Disposition of Surplus Real property) and in
particular the Government's requirement that an "offer must be for
sale, lease or other disposition of the property at fair market value";
Council Meeting Minutes
- 29-
September 21 , 2009
THEREFORE BE IT RESOLVED
THAT the Government of Ontario immediately amend Ontario
Regulation 444/98 (Disposition of Surplus Real Property) to require
meaningful consideration of innovative, community oriented and
future focused opportunities for the disposal of surplus properties
necessary to meet the purpose, intent and spirit of the Places to
Grow Act by supporting a municipality's system of publicly accessible
parkland, open space and trails and further;
THAT the Government of Ontario and the Ministry of Education
direct local school boards to explore innovative, community oriented
and future focused opportunities for the disposal of surplus
properties with local municipalities on a "first right of refusal basis" in
order to meet the purpose, intent and spirit of the Places to Grow Act
by supporting a municipality's system of publicly accessible parkland,
open space and trails and further;
THAT the Government of Ontario and the Ministry of Education
introduce sufficient flexibility in the Ontario Regulation 444/98
(Disposition of Surplus Real Property) requirement for local school
boards to sell, lease or otherwise dispose of property at fair market
value for the purposes of those projects that meet the purpose, intent
and spirit of the Places to Grow Act by supporting a municipality's
system of publicly accessible parkland, open space and trails; and
THAT this resolution be circulated to the Premier of Ontario, the
Ontario Minister of Education, Burlington MPP's, GT A Mayors, the
Chair and Members of the Halton District School Board and the
Halton Catholic District School Board and to the Chair and Board of
Directors of the Association of Municipalities of Ontario."
Resolution #C-51 0-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the City of Burlington, with respect to the disposition
of surplus real property, be endorsed.
"CARRIED"
D - 24 Glen R. Knox, County Clerk, County of Simcoe, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on
June 30, 2009, the County of Simcoe adopted the following
resolution pertaining to Hospital Funding Gap:
Council Meeting Minutes
- 30-
September 21 , 2009
"THAT the following resolution provided by the Growing
Communities Healthcare Alliance be approved:
'WHEREAS Ontarians believe in the principle of fairness; that
fairness defines who we are and how we live;
AND WHEREAS the high growth communities in Ontario grow at
more than twice the rate of the provincial population growth rate
and are aging at twice the provincial rate;
AND WHEREAS population growth in these regions will further
intensify due to Ontario's 30-year growth plan, Places to Grow;
AND WHEREAS as of 2008/09 Ontarians residing in the Local
Health Integration Networks (LHINs) with high growth
communities are receiving $255 less per resident in provincial
funding for local hospital services compared to residents in other
LHINs in Ontario, which translates into a $1.4 billion annual
operating funding gap for local hospital services - and these
provincial funding gaps are worsening each year;
AND WHEREAS residents of the County of Simcoe, as part of
the North Simcoe Muskoka LHIN, are receiving $134 less per
resident in provincial funding for local hospital services compared
to the average Ontarian, which translates into a $238 million
annual operating funding gap for local hospital services;
AND WHEREAS Ontarians living in high growth communities of
the GT N905 are receiving $193 less per resident for provincially
funded local social services when compared to the average
Ontarian, which translates into a $641.9 million annual operating
funding gap for local provincially funded social services - and
these provincial funding inequities also worsening each year;
AND WHEREAS the Government of Ontario has acknowledged
the growing funding gaps for hospital services in high growth
communities by committing during the 2007 provincial election to
provide $100 million in additional annual operating funding to high
growth hospitals;
AND WHEREAS the provision of $30 million in hospital growth
funding for 2008/09 still means that the provincial funding gap for
hospital care continues to widen in high growth communities;
AND WHEREAS the Government of Ontario has announced that
it is developing and will implement a new Health Based Allocation
Model (HBAM) to allocate new health care resources to Local
Council Meeting Minutes
- 31 -
September 21, 2009
Health Integration Networks based on patient care needs and to
address health care funding inequities in Ontario;
NOW THEREFORE BE IT RESOLVED THAT in order to improve
timely and local access to hospital care in the County of Simcoe
and across high growth communities in Ontario, the Council of
the County of Simcoe asks the Government of Ontario to:
1. Speed up implementation of the $100 million hospital growth
funding commitment ensuring that growth funding is targeted
to high growth hospitals and provide growth funding for social
services;
2. Quickly implement a 'Health Based Allocation Model' (HBAM)
i.e., population-needs-based funding for provincial hospital
and health care services and develop a population-needs-
based funding formula for social services; and,
3. Develop a health care and social services growth plan for
Ontario high growth communities to complement Places to
Grow;
AND FURTHER THAT this resolution be forwarded to the
Premier of Ontario. the Minister of Health and Long-Term Care,
the Minister of Finance, the MPPs for the County of Simcoe, High
Growth Communities Mayors and Chairs, and the North Simcoe
Muskoka LHIN'."
Resolution #C-511-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT the resolution from the County of Simcoe, with respect to Hospital
Funding Gap, be endorsed.
"CARRIED"
Council Meeting Minutes
- 32-
September 21, 2009
D - 25 Mike Roche, Social Action Director, Multiple Sclerosis Society,
Durham Region Chapter, requesting Council to lobby the Ministry of
Transportation to ensure that all sidewalks be at least 1.8 metres or
wider on both sides of all bridges over and roads passing under the
proposed 407 extension from Brock Road in Pickering and also on
the proposed expansion of the 401 to 12 lanes from Salem Road in
Ajax to Brock Street in Whitby, even where there are no sidewalks or
minimal sidewalks in place, noting that if sidewalks are poorly
designed, they can be a barrier to all citizens, not just those who use
mobility devices or parents using strollers with children.
Resolution #C-512-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D - 25 from Mike Roche, Social Action Director,
Multiple Sclerosis Society, Durham Region Chapter, with respect to the width
of sidewalks, be received for information.
"CARRIED"
D - 26 Bernie Corbett, Chairman, Haldimand County Disaster Relief
Committee, advising of damages incurred by the communities of
Dunnville, Cayuga and points in between on February 13, 2009, as a
result of flooding of the Grand River; indicating that estimates have
pegged the financial loss at more than $1,800,000; advising that the
Province will match every dollar raised by the Haldimand County
Disaster Relief Committee on an up to 2:1 ration; and, requesting if
the Municipality of Clarington could assist with a donation of
$250.00.
Resolution #C-513-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 26 from Bernie Corbett, Chairman, Haldimand
County Disaster Relief Committee, requesting a donation to their Disaster
Relief fund, be received for information.
"CARRIED"
D - 27 Angie Hache, City Clerk, City of Greater Sudbury, advising Council
that on June 10, 2009, the City of Greater Sudbury, adopted the
following resolution pertaining to Proposed Workplace Fatalities
Family Bill of Rights:
Council Meeting Minutes
- 33-
September 21, 2009
'WHEREAS a Proposed Workplace Fatalities Family Bill of Rights
would provide fundamental information to the family of victims of
workplace fatalities and serious injuries;
AND WHEREAS such Bill of Rights would ensure that:
1. Family members must have the right to designate a
representative to act on their behalf in all matters related to the
investigation and any follow-up legal actions related to the
investigation.
2. Family members must be notified of all meetings, phone calls,
hearings or other communications involving the accident
investigation team and the employer, and be given the
opportunity to participate in these events.
3. Family members must have the opportunity to recommend names
of individuals to be interviewed by the accident investigation team
and to submit questions to the investigators for response by the
interviewees. Family members should be given the access to all
transcripts of interview, affidavits, or written statements made by
witnesses and others interviewed for the investigation.
4. Family members must have the right to be kept routinely informed
(no less than once every 14 days) by the Minister of Labour and
their investigators on the progress of the incident investigation,
including an estimate of when the investigation will be completed.
5. Family members should have access to all documents gathered
and produced as part of the accident investigation, including
reports prepared by first responders, police and Ministry officials.
Information mentioning the deceased family member's name and
condition should not be redacted from documents provided to
family members. All fees related to the production of document
should be waived for family members.
THEREFORE BE IT RESOLVED THAT the Council of the City of
Greater Sudbury lends its full support to a Proposed Workplace
Fatalities Family Bill of Rights;
AND FURTHER THAT this resolution be sent to the Association of
Municipalities of Ontario for distribution and support from all
municipalities in Ontario, the Honourable Peter Fonseca, Minister of
Labour, The Honourable Rick Bartolucci, Minister of Community
Safety and Correctional Services, and France Gelinas, MPP for
Nickel Belt."
Council Meeting Minutes
- 34-
September 21, 2009
Resolution #C-514-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the resolution from the City of Greater Sudbury, with respect to the
Proposed Workplace Fatalities Family Bill of Rights, be received for
information.
"CARRIED"
D - 28
Angie Hache, City Clerk, City of Greater Sudbury, advising Council
that on June 10,2009, the City of Greater Sudbury, adopted the
following resolution pertaining to Employment Insurance Reform:
WHEREAS a healthy unemployment insurance system is the most
powerful of all economic stabilizers. In the recessions of the early
1980s and 1990s, Unemployment Insurance (UI) prevented deeper,
longer downturns and reduced the shock of job and Gross Domestic
Product losses;
AND WHEREAS we have entered a new economic crisis with a
much weaker Employment Insurance (EI) system that provides
benefits to only 40% of the unemployed; and there is a large regional
discrepancy in EI allocation that provides uneven coverage to
workers across the country, and leaves many with fewer numbers of
weeks and lower benefits;
AND WHEREAS the federal government stopped contributing to EI
and diverted EI premiums to other spending ($54 Billion between
1994 and 2007 instead of restoring EI benefits);
AND WHEREAS even the US government has shown leadership
through major improvements in the duration of UI benefits and a
universal benefit top-up as part of a stimulus package to deal with
the crisis;
AND WHEREAS 350,000 Canadians have been laid off since last
October, and Canada currently has one of the least effective
employment insurance systems and among the highest rates of
poverty and income inequality in the Western world;
AND WHEREAS there will be a negative fiscal impact on all
municipalities if residents are unable to access EI benefits or
otherwise maintain incomes during this economic downturn, due to
the increased reliance on locally provided social programs;
Council Meeting Minutes
- 35-
September 21,2009
THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury
call upon the Government of Canada to introduce the following
changes to the Employment Insurance system:
1. 360 hours to qualify for EI benefits in all regions of Canada;
2. Increase benefit duration to at least 50 weeks in all regions, and
provide an additional year of "Special Extension" benefits if
national unemployment exceeds 6.5% - paid from federal general
revenues;
3. Extend EI Part 1 benefits while a worker is in approved training;
.4. Increase benefits to at least 60% of normal earnings, using
workers' 12 best weeks, and raise the maximum;
5. Suspend the calculation of severance pay for receiving EI
benefits, and eliminate the 2 week waiting period.
AND THEREFORE BE IT RESOLVED THAT this resolution be sent
to the Association of Municipalities of Ontario for distribution and
support from all municipalities in Ontario."
Resolution #C-515-09
Moved by Councillor Trim, seconded by Councillor Foster
THAT the resolution from the City of Greater Sudbury, with respect to the
Employment Insurance Reform, be received for information.
"CARRIED"
D - 29 Dave Burton, Warden, County of Haliburton, advising Council that on
July 22, 2009, the County of Haliburton adopted the following
resolution pertaining to the Trent Severn Water Panel Report "It's All
About the Water":
"BE iT RESOLVED THAT Haliburton County Council requests the
Federal Minister of the Environment take action with respect to the
recommendations contained in the Trent Severn Water Panel Study
Report titled 'It's All About the Water' and further the Ontario Minister
of Natural Resources and the Ontario Minister of the Environment be
requested to provide an explanation as to why their respective
Ministries have not commented or provided input into the
recommendations contained in this Report."
Council Meeting Minutes
- 36-
September 21, 2009
The County of Haliburton is requesting the municipalities within the
Trent Severn Watershed to contact the Federal Ministry of the
Environment to provide an update on the status of the
recommendations contained in the report."
Resolution #C-516-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the County of Haliburton, with respect to the Trent
Severn Water Panel Report "It's All About the Water", be endorsed.
"CARRIED"
D - 30 James W. Hale, President, Newcastle Recycling Limited, requesting
permission for Frank Wu, Chief Administrative Officer, to meet with
Jim Hale respecting an ongoing business issue.
Resolution #C-517-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the request from James W. Hale, President, Newcastle Recycling
Limited, to meet with Frank Wu, Chief Administrative Officer, respecting an
ongoing business issue, be received for information.
"CARRIED"
D - 31 The Corporation of the Township of Woolwich advising Council that
on June 30, 2009, the Township of Woolwich adopted the following
resolution pertaining to support for a review of Chapter 27, Sec. 5(2)
of the Development Charqes Act 1997:
'WHEREAS development charges are collected fees levied on new
development to help pay for the infrastructure required to service
growth;
AND WHEREAS development charges help finance capital projects
that would otherwise be financed through property taxes or other
means;
AND WHEREAS Chapter 27, Section 5(2) of the Development
Charqes Act 1997 states that, 'The capital'costs, determined under
paragraph 7 of subsection (1) , must be reduced, in accordance with
the regulations, to adjust for capital grants, subsidies and other
contributions made to a municipality or that the council of the
municipality anticipates will be made in respect of the capital costs';
,
Council Meeting Minutes
- 37-
September 21, 2009
AND WHEREAS municipalities in Ontario have recently been
approved for grant funding under the Infrastructure Stimulus Fund
and Building Canada Fund for capital works that have development
charge components;
AND WHEREAS municipalities are unable to collect that
development charge component when they receive funding from
sources such as the Infrastructure Stimulus Fund and Building
Canada Fund;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Township of Woolwich requests the Ministry of Municipal Affairs to
conduct a review of Chapter 27, Section 5(2) of the Development
Charqes Act 1997 and make changes that would eliminate the
requirement for municipalities to deduct grant funding received form
eligible portion of development charges;
AND FURTHER THAT this resolution be forwarded to the
Honourable Jim Watson, Minister of Municipal Affairs and Housing,
Harold Albrecht, MP, Kitchener-Conestoga, Leeanna Pendergast,
MPP Kitchener-Conestoga; and to all municipalities in Ontario for
su pport."
Resolution #C-518-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the Township ofWoolwich, with respect to a review
of Chapter 27, Sec. 5(2) of the Development Charqes Act 1997, be received for
information.
"MOTION WITHDRAWN"
Resolution #C-519-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the resolution from the Township of Woolwich, with respect to a review
of Chapter 27, Sec. 5(2) of the Development Charqes Act 1997, be referred to
the Director of FinancefTreasurer.
"CARRIED"
Council Meeting Minutes
- 38-
September 21, 2009
D - 32
Doug Reycraft, Chair, Community Schools Alliance, forwarding a fact
sheet and draft resolution, on behalf of the Executive Committee of
the Community Schools Alliance, expressing concern with the
Accommodation Review Committee process and impact of the
process on communities; requesting the Minister of Education to
impose a "smart moratorium" on all school closings that are disputed
by municipalities to provide time for the Ministry, school boards and
municipalities to work together to develop policies and a working
relationship that provides transparency and accountability; and,
requesting Council's support of the following resolution:
'WHEREAS communities across Ontario are concerned with the
Accommodation Review Committee process and the impact this
flawed process has on the socio-economic fabric of our
municipalities;
AND WHEREAS many schools are the hubs of their communities, a
better accommodation review system is needed to address the
educational facility needs of our residents;
AND WHEREAS a system to address the educational facility needs
in Ontario must ensure that school boards and municipal councils
partner on decisions regarding education infrastructure;
AND WHEREAS greater accountability for school board decisions is
needed;
AND WHEREAS a thorough review of the governance model for
school accommodation decisions must include an opportunity to
appeal these decisions;
AND WHEREAS the accommodation review process should respect
and value the input of students, parents, the community and
municipality;
THEREFORE BE IT RESOLVED THAT the Province of Ontario be
petitioned to implement a 'smart moratorium' on disputed school
closings to provide the opportunity for the Ministry of Education,
school boards and municipalities to work together to develop policies
addressing such issues as planning for declining enrolments, a
mutually agreed upon Accommodation Review Committee process,
a review of funding to rural and small community schools, and
transparency and accountability between municipalities and school
boards."
Council Meeting Minutes
- 39-
September 21, 2009
Resolution #C-520-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the Community Schools Alliance, with respect to a
"smart moratorium" on all school closings that are disputed by municipalities,
be received for information.
"CARRIED"
D -33 The Township of Madawaska Valley advising Council that on
August 4, 2009, the Township of Madawaska Valley adopted the
following resolution pertaining to an increase in funding to Personal
Support Workers providing Home Care Services:
"WHEREAS Home Care Service is an essential service in rural
Ontario in assisting in the well-being of seniors and individuals with
physical and mental disabilities;
AND WHEREAS Roy Romanow, Head of the Royal Commission of
the Future of Health Care in Canada in 2002 dubbed Home Care
Services 'the next essential service';
AND WHEREAS Home Care Service responds to the needs of the
patients and assists children, parents, spouses and siblings and the
broader community by supporting quality of life and ensuring quality
health care so that citizens can continue to participate in and
contribute to the economic and social life of their community;
AND WHEREAS the Personal Support Workers that provide the
home care service create a climate that promotes the optimal
physical, social and emotional well being of their clients;
AND WHEREAS the need for Home Care Service in Renfrew County
is so great that the Personal Support Workers that provide this
essential service are overburdened with the amount of clients that
they are only able to provide 2 hour visits to their clients;
AND WHEREAS Home Care Service clients require a minimum of 4
hours of attention per visit;
Council Meeting Minutes
- 40-
September 21, 2009
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the Township of Madawaska Valley is seeking
support from all municipalities and request that they forward a
resolution of support to their local MP, Premier Dalton McGuinty, the
Ministry of Health and Long-Term Care, and the County of Renfrew
to ensure an increase in funding for additional Personal Support
Workers to be hired to relieve the stresses related to a shortage of
staff.
AND FURTHER THAT Personal Support Workers providing Home
Care Service be required to provide a minimum of 4 hours of service
per client visit which, not only benefits the client, but also allows the
primary caregivers the opportunity to maintain a level of normalcy in
their daily lives."
Resolution #C-521-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the resolution from the Township of Madawaska Valley, with respect to
an increase in funding to Personal Support Workers providing Home Care
Services, be endorsed.
"CARRIED"
D - 34
Suzanne Strasberg, MD, President, Ontario Medical Association
(OMA), advising of the alarming increase of obese children and
adults in Canada; indicating that in the past, municipalities have
played an important role in helping raise awareness of OMA
initiatives aimed at protecting and improving the health of Ontarians;
and, requesting Council's support in adopting a resolution supporting
the OMA's efforts in having legislation passed requiring calorie
counts to be listed adjacent to food items on menus at chain
restaurants and school cafeterias, to provide consumers with
information to make healthier food choices and to help children build
healthy futures.
Resolution #C-522-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT Correspondence Item D - 34 from Suzanne Strasberg, MD, President,
Ontario Medical Association, with respect to menu board labeling, be
endorsed.
"CARRIED"
Council Meeting Minutes
- 41 -
September 21, 2009
D - 35 Debbie Leroux, Clerk, Township of Uxbridge, writing to the
Honourable David Caplan, Minister of Health and Long-Term Care,
advising that on August 14, 2009, the Township of Uxbridge adopted
the following resolution pertaining to Provincial Underserved Area
Plan:
'WHEREAS the Ontario Ministry of Health is considering making
changes to its Underserved Area Plan (UAP.);
AND WHEREAS the Township of Uxbridge has found the UAP. to
be a useful tool in its recruitment efforts;
THEREFORE BE IT RESOLVED THAT the Council for the
Corporation of the Township of Uxbridge requests that the Ministry of
health reconsider any changes to the UAP. that would limit
communities that are under-serviced by family physicians programs;
AND FURTHER BE IT RESOLVED THAT an extension to the
consultation from end of August to late Fall be given to enable
communities and the public time to consider the effect of these
changes;
AND FURTHER THAT this resolution be circulated to GTA
municipalities, M.P.P.'s, the Minister of Health and the Premier of
Ontario."
Resolution #C-523-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolution from the Township of Uxbridge, with respect to Provincial
Underserved Area Plan, be referred to the Clarington Physician Recruitment
Committee for comment.
"CARRIED"
D - 36 Margaret H. Pol man expressing concern that sidewalk snowclearing
services will no longer be available to seniors, and, requesting
Council to reconsider their decision regarding this matter and to
continue the service in some shape or form to assist those who
benefit the most from the service and who must rely on safe
sidewalks to walk to banks, stores and bus stops to conduct their
daily business.
Council Meeting Minutes
- 42-
September 21,2009
Resolution #C-524-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item D - 36 from Margaret H. Polman, with respect to
Seniors' Sidewalk Snowclearing, be referred to the Director of Corporate
Services and Human Resources.
"CARRIED"
D - 37
Sandra and David Walton-Ball advising of signs directing the public
to the Port of Newcastle, the Bond Head boat launch and Bond Head
cemetery and petitioning Council to consider erecting signage near
the bridge over Graham Creek on Mill Street South and on the
Lakeshore Road entering Bond Head indicating the entrance to
"Historic Bond Head established in 1832".
Resolution #C-525-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 37 from Sandra and David Walton-Ball, with
respect to signage indicating the entrance to "Historic Bond Head", be referred
to the Operations Department for inclusion in the 2010 Budget process.
"CARRIED"
D - 38
Corporation of the Town of New Tecumseth, advising Council that on
July 13, 2009, the Town of New Tecumseth adopted the following
resolution pertaining to Harmonization of Taxes:
"WHEREAS the Province of Ontario has proposed to harmonize the
Goods and Services Tax with the Provincial Sales Tax effective
July 1, 2010;
AND WHEREAS considerable concern has been raised by residents
and businesses over the negative financial impacts that will occur as
a result;
AND WHEREAS the Province of Ontario has considered
amendments to the proposal and has further made changes to the
original proposal;
THEREFORE BE IT RESOLVED THAT the Council of the Town of
New Tecumseth advise the provincial government of its concern that
efforts be made to minimize the financial impact and additional tax
on taxpayers and businesses;
Council Meeting Minutes
- 43-
September 21, 2009
AND FURTHER BE IT RESOLVED THAT the provincial government
be requested to consider that the GST and PST harmonization not
include any items, goods or services that are currently subject to only
one of the taxes not be subject to the other, so that no new taxation
is created;
AND FURTHER BE IT RESOLVED THAT this resolution be
forwarded to all Ontario Municipalities for their consideration and
support."
Resolution #C-526-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Town of New Tecumseth, with respect to
Harmonization of Taxes, be endorsed.
"CARRIED"
D - 39
Pamela Malott, Chief Administrative Officer, Town of Amherstburg,
advising Council that on July 27,2009, the Town of Amherstburg
adopted the following resolution pertaining to MPAC Evaluation of
Solar Energy Development:
'WHEREAS the Province established the Renewable Energy
Standard Offer Program (RESOP) and subsequently, the Green
Enerqy and Green Economy Act to promote the development of
wind, water, solar and biomass power projects; and
WHEREAS the Province committed to a balanced and sustainable
property assessment system for the renewable energy sector; and
WHEREAS the Province committed to consult with municipalities,
the Municipal Property Assessment Corporation (MPAC) and the
energy generation sector to ensure that the property tax treatment of
renewable energy facilities remains fair and consistent, promoting
the development of green energy; and
WHEREAS the Solar Industry offers unique, clean energy
technology to Ontario; and
WHEREAS the Ontario market for solar energy is at an early stage
of maturity with very little operating solar capacity which warrants a
fair approach to Property Assessment to foster wider adoption of this
proven technology; and
Council Meeting Minutes
- 44-
September 21, 2009
WHEREAS the current valuation method is unfair and burdensome
in that the entire property area of the development is assessed at a
Full Industrial Rate;
THEREFORE BE IT RESOLVED THAT we, the Council of the Town
of Amherstburg, appeal to the Province of Ontario, Ministry of
Finance, to continue consultations with Municipalities and the Solar
Industry to reach a fair and equitable property assessment valuation
method; and
FURTHER THAT until such agreement is reached that assessment
be derived by totaling the area of all solar panels in a project to
determine PV surface area; and that the PV coverage area
(approximately 20%) be assessed at a full Industrial Rate and the
balance of the area at a Vacant Industrial land rate; and
BE IT FURTHER RESOLVED THAT we, the Council of the Town of
Amherstburg, request that AMO lobby the Province of Ontario on our
behalf and that a copy of this resolution be sent to Bruce Crozier MP,
Dwight Duncan, Minister of Finance and all Municipalities in Ontario
requesting their support."
Resolution #C-527 -09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the Town of Amherstburg, with respect to MPAC
Evaluation of Solar Energy Development, be endorsed.
"CARRIED"
D - 40 Jill McKinney, Executive Director, Show Kids You Care, a Trinity
Global Support Foundation, providing reliable access to nutritious
meals for children in Bowmanville; advising in 2010 they will be
holding a public launch at one of their newest breakfast clubs to
celebrate their work in communities across Canada and would be
grateful if the municipality were able to contribute to the launch by
providing written or recorded words of support.
Council Meeting Minutes
- 45-
September 21,2009
Resolution #C-528-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item D - 40 from Jill McKinney, Executive Director,
Show Kids You Care, with respect to the public launch of Breakfast Club, be
supported and that words of support be put on record, pending confirmation of
areas that are affected.
"TABLED"
(see following motion)
Resolution #C-529-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 40 from Jill McKinney, Executive Director,
Show Kids You Care, with respect to the public launch of Breakfast Club, be
tabled until the October 5, 2009, Council meeting.
"CARRIED"
D - 41 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee,
advising Council that on September 3, 2009, the Clarington
Agricultural Advisory Committee passed the following resolution
pertaining to Battery Caged Egg Productions:
'WHEREAS Ontario egg farmers currently provide our community
with fresh locally produced Grade A eggs which travel from farm to
table in 4 to 7 days;
AND WHEREAS Ontario egg farmers take pride in caring for their
hens while offering consumers a variety of egg choice;
THEREFORE BE IT RESOLVED THAT any resolution with respect
to the opposition of battery cage egg production is not supported.
and Durham municipalities are cautioned in supporting or promoting
specific products without adequate background and research on the
matter and
BE IT FURTHER RESOLVED THAT the current procurement
practice of eggs produced by Ontario egg farmers, is identified as an
acceptable, locally sustainable procurement practice; and
BE IT FURTHER RESOLVED THAT the purchase of all Ontario
eggs contributes to the creation of a sustainable environment in
which consumers and farmers benefit; and
Council Meeting Minutes
- 46-
September 21, 2009
BE IT FURTHER RESOLVED THAT a copy of this resolution be
forwarded to the local area municipalities, the Egg Farmers of
Ontario, the Association of Municipalities of Ontario and the Humane
Society International."
Resolution #C-530-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the Clarington Agricultural Advisory Committee, with
respect to Battery Caged Egg Productions, be endorsed.
"CARRIED"
D - 42 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee,
advising Council that on September 3, 2009, the Clarington
Agricultural Advisory Committee endorsed the following resolution
pertaining to the Purchase of Locally-Produced Food:
'WHEREAS the Municipality of Clarington supports practices that
contribute to the creation of a sustainable environment;
AND WHEREAS Homegrown Ontario™ is a brand that allows
Ontario consumers to support Ontario farmers by purchasing Ontario
produced meat and poultry;
AND WHEREAS Ontario farmers adhere to the highest quality
standards set forth by the Canadian provincial and federal
government regulatory boards;
THEREFORE BE IT RESOLVED THAT the procurement practice of
purchasing meat and poultry products produced by Ontario farmers
be identified as the preferred local sustainable procurement practice;
BE IT FURTHER RESOLVED THAT the purchase of all Ontario
produced meat and poultry sourced locally requires the burning of
less fossil fuel than other food trucked or even flown in from
hundreds or even thousands of miles away."
Council Meeting Minutes
- 47-
September 21, 2009
Resolution #C-531-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Clarington Agricultural Advisory Committee, with
respect to the Purchase of Locally-Produced Food, be referred back to the
Agricultural Advisory Committee for rewording.
"CARRIED"
D - 43 Debbie Thompson, Legislative Services SupervisorlDeputy Clerk,
Town of Caledon, advising Council that on September 1,2009, the
Town of Caledon adopted the following resolution pertaining to the
Development of an Economic Development Strategy to support
farming and municipalities in the Greenbelt in achieving financial
sustainability:
'WHEREAS the Province of Ontario through new planning policies,
the Greenbelt, Oak Ridges Moraine and Niagara Escarpment plans
as well as Provincial Policy statements and new source water
protection legislation and regulations have created a framework
which restricts both farms and municipalities in achieving financial
sustainability;
THEREFORE BE IT RESOLVED THAT the Province of Ontario be
requested to develop an economic development strategy to support
farming and municipalities in the Greenbelt in achieving financial
sustainability; and
THAT a copy of this resolution be forwarded to MPP Sylvia Jones,
Minister of Municipal Affairs and Housing, Minister of Energy and
Infrastructure, Greenbelt Municipalities, OMAFRA, Greater Toronto
Agriculture Action Plan Group, Ontario Rural Council and the Greater
Toronto Countryside Mayor's Alliance for their support."
Resolution #C-532-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Town of Caledon, with respect to the
Development of an Economic Development Strategy to support farming and
municipalities in the Greenbelt in achieving financial sustainability, be referred
to the Clarington Agricultural Advisory Committee.
"CARRIED"
Council Meeting Minutes
- 48-
September 21 , 2009
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 14,
2009.
Resolution #C-533-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 14,
2009, be approved, with the exception of Items #9 and #20.
"CARRIED"
Item #9
Resolution #C-534-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-087-09 - Heritage Conservation District Review, be tabled
pending receipt of the Report from the Director of Engineering Services with
respect to parking at the Clarington Beech Centre.
"CARRIED"
Item #20
Resolution #C-535-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Operations Department clarify who is responsible for the snow removal
at the Clarington Older Adult Centre and report back with options.
"CARRIED"
STAFF REPORTS
Mayor Abernethy stated a pecuniary interest with respect to Staff Report #1 -
Compliance Audit - John Mutton 2006 Election Campaign as one of the individuals
who brought the complaint forward against the individual at the centre of the
Compliance Audit was a member of his 2006 Election Campaign, and he competed
for the position he now holds with the individual who is at the centre of the Compliance
Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting
on this matter.
Council Meeting Minutes
- 49-
September 21, 2009
Deputy Mayor Trim chaired this portion of the meeting.
Resolution #C-536-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report CLD-016-09 be received; and
THAT the interested parties listed in Report CLD-016-09 be advised of Council's
decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Yes
No
Declaration of
Pecuniary Interest
Councillor Foster
Councillor Hooper
Councillor Novak
Councillor Robinson
Councillor Woo
Councillor Trim
Mayor Abernethv
..J
..J
-.J
-.J
-.J
-.J
-.J
Mayor Abernethy resumed the Chair.
Resolution #C-537-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Report PSD-088-09 be received;
THAT the request for Removal of Part Lot Control with respect to Lots 49-59 inclusive,
on Plan 40M-2327 be approved;
THAT the Part Lot Control By-law attached to Report PSD-088-09 be passed pursuant
to Section 50(7.1) ofthe Planning Act; and,
THAT all interested parties listed in Report PSD-088-09, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
"CARRIED"
Deputy Mayor Trim chaired this portion of the meeting.
Council Meeting Minutes
- 50-
September 21 , 2009
Resolution #C-538-09
Moved by Mayor Abernethy, seconded by Councillor Robinson
WHEREAS the cornerstone of growth for the Municipality of Clarington has been set
out in the Corporate Strategic Business Plan approved by Council;
WHEREAS it states "The Corporate Strategic Business Plan brings together the
experience and skill of our staff and the energy and will of Council to develop a
blueprint for tomorrow" and "A well thought-out strategic business plan provides the
road map for meeting future challenges and ensuring our commitment of economic
stability and high quality of life." and
WHEREAS the economic climate is beginning to show signs of improvement and we
now must adjust our corporate strategy to fit the changing climate collectively as an
organization to maintain our position in the municipal world as leaders and in order to
do that we need everyone to assist in that goal; and
WHEREAS Council has received many productive and creative suggestions as
contained in Report CAO-004-09, many of which have been incorporated into the
2009 and 2010 budget review; and
WHEREAS Council considers maintaining the experience and skill of all of our staff to
be of great benefit and value to the organization; and
WHEREAS staff have suggested that taking additional days off without pay would be
considered a positive move in contributing to the required budget shortfall.
NOW THEREFORE BE IT RESOLVED that option B of Report CAO-006-09 is
approved; and
THAT staff be allowed to purchase up to 3 additional days off as vacation in 2009 to
meet the immediate challenge and that staff further assess the opportunity to continue
some contribution of that nature in the 2010 budget thereby allowing those individuals
who are able to contribute financially, and have expressed a willingness to do so, to
come forward and that staff continue to monitor and adjust the Corporate Strategic
Plan within the upcoming 2010 budget.
THAT Report CAO-006-09 be received;
Council Meeting Minutes - 51 - September 21, 2009
THAT the affected employees and the employee group Representatives be advised of
Council's decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Mavor Abernethv ..J
Councillor Foster -V
Councillor Hooper -V
Councillor Novak .y
Councillor Robinson .y
Councillor Woo ..J
CouncillorTrim ..J
Mayor Abernethy resumed the Chair.
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion introduced under this section of
the Agenda.
UNFINISHED BUSINESS
There was no Unfinished Business introduced under this section of the Agenda.
Resolution #C-539-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Staff Report #4 - Confidential Verbal Report of the Director of Corporate
Services and Human Resources and the Fire Chief be referred to a closed session of
Council to be considered at the end of the Agenda.
"CARRIED"
BY-LAWS
Resolution #C-540-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-122 to 2009-129 inclusive;
2009-122 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Ridge Pine Park Inc. on Behalf of Canadian Apartment
Properties REIT)
Council Meeting Minutes
- 52-
September 21, 2009
2009-123 Being a By-law to regulate signs placed on lands, buildings, and
other structures within the corporate limits of the Municipality of
Clarington; and to implement the policies of the Clarington Official
Plan and Urban Design Guidelines
2009-124 Being a By-law to Regulate and Licence Persons and Businesses
that carry on the Business of Leasing or Renting Mobile Signs
within the Municipality of Clarington
2009-125 Being a By-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and Peter Gunn and
Kimberly-Ann Gunn, in respect to the purchase of a portion of
10 Duchess Street, Orono, Ontario and being more particularly
described as Part of Lot 10, Block "C" C.G. Hanning's Plan,
former Village of Orono, being Part of Lot 29, Concession 5,
Municipality of Clarington, Regional Municipality of Durham
2009-126 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Prestonvale Road Land Corporation)
2009-127 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving, Oshawa, Ontario,
to enter into an agreement for the Concession 7 & 8 Road and
Bridge Rehabilitation, Municipality of Clarington
2009-128 Being a By-law to appoint individuals as Parking Enforcement
Officers for Private Property (Nikki McLean and Christine
Matheson)
2009-129 Being a By-law to exempt a certain portion of Registered Plan
40M-2327 from Part Lot Control; and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
Council Meeting Minutes
- 53-
September 21,2009
OTHER INFORMATION
Resolution #C-541-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the Rules of Procedure be suspended to permit the introduction of a motion to
reconsider the 2010 Budget Timetable.
"CARRIED"
Resolution #C-542-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Resolution #C-370-09, adopted by Council on June 15, 2009, be reconsidered
with respect to Item 10 of Report #1 - 201 0 Budget Timetable.
"CARRIED"
Resolution #C-543-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT the final 2010 budget be submitted for Council ratification at a special meeting
to be held on Friday, February 19, 2010.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Yes
No
Declaration of
Pecuniarv Interest
Councillor Foster
Councillor Hooper
Councillor Novak
Councillor Robinson
Councillor Trim
Councillor Woo
Mayor Abernethy
. ;J
;J
;J
;J
;J
;J
;J
Councillor Robinson requested that staff of the Department of Engineering Services
investigate the purpose of the "No Parking" sign on Beech Avenue.
Councillor Robinson questioned whether Council could be of any assistance in
stressing to the Municipal Property Assessment Corporation (MPAC) the importance
of having new businesses expeditiously added to the tax roll. The Deputy Treasurer
stated she would prepare a resolution for Council's consideration.
Council Meeting Minutes
-54-
September 21, 2009
Councillor Robinson quoted information from the Farmers Forum Newspaper
indicating seven of the top ten rural municipalities with the highest median family
income in Ontario are located in Durham Region. Councillor Robinson will have
copies of the article provided to all Members of Council.
Councillor Hooper reminded Members of Council that funding has been allocated for
free transit service for the Annual Applefest. Councillor Trim confirmed the amount of
$1,000 was approved.
Resolution #C-544-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with labour
relations or employee negotiations.
"CARRIED"
Resolution #C-545-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Council recess for five minutes prior to the "closed" meeting.
"CARRIED"
Meeting reconvened at 9:15 p.m. in closed session.
The meeting resumed in open session at 9:30 p.m.
The Mayor advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act. 2001 and no resolutions were passed.
Deputy Mayor Trim chaired the remainder of the meeting.
CONFIRMING BY-LAW
Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Council Meeting Minutes
- 55-
September 21, 2009
Resolution #C-546-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-130, being a by-law to confirm the
proceedin~s of the Council of the Municipality of Clarington at a regular meeting held
on the 21s day of September, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-547-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 9:33 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
October 5, 2009
a) Richard Ward - Report CLD-017-09 - Compliance Audit-
John Mutton 2006 Eiection Campaign (Item 8 of Report #1)
SUMMARY OF CORRESPONDENCE
October 5, 2009
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1
1-2
1-3
1- 4
. 1-5
Minutes of the Clarington Traffic Management Advisory Committee
dated June 18, 2009. (Copy attached)
Minutes.of the Clarington Heritage Committee dated September 15,
2009. (Copy attached)
The Honourable John Gerretsen, Minister of the Environment,
responding to Council's resolution that no garbage from the City of
Toronto be allowed to be burned at the St. Marys Cement Plant;
indicating that on September 29,2008, St. Marys Cement Inc.
submitted applications to burn only residual plastic film from
Orgaworld Canada Ltd. in London, ON and post-recycling biosolids
and residual materials from Atlantic Packaging in Whitby and
confirming that St. Marys has not requested approval to incinerate
municipal garbage from the City of Toronto; and, assuring Council
that the Ministry will advise the Municipality on any decision made
regarding the application.
Mayor David Miller, City of Toronto, responding to Mayor Abernethy's
correspondence concerning the disposition of residual waste from
Orgaworld and confirming that all residue from the processing of
Toronto compost, as part of Toronto's contract with Orgaworld, will go
to Green Lane Landfill, preventing Orgaworld from sending any
residual processed waste from Toronto's Green Bin Program to the
St. Marys facility.
The Honourable John Gerretsen, Minister of the Environment,
responding to Council's correspondence of July 23, 2009, pertaining
to the "No Waste by '38" initiative; highlighting a number of waste
reduction and diversion efforts approved in support of moving towards
a sustainable society, including the review of the Waste Diversion Act.
2002, the approval of Waste Diversion Ontario's Used Tire Diversion
Program; and the Waste Electrical and Electronic Equipment
Program; advising a report will be issued on the review of the Waste
Diversion Act, 2002, responding to the comments, concerns and
innovative suggestions that have been received; and, extending
appreciation to the Municipality and the Region of Durham for their
involvement in reducing Ontario's residual waste and encouraging the
Municipalities to continue contributing to waste diversion.
Summary of Correspondence
- 2 -
October 5, 2009
I - 6 Debbie Gordon, Save the Oak Ridges Moraine Coalition (STORM)
advising of a number of events planned on the Oak Ridges Moraine
this fall and advising of a special train ride event taking place on
November 1, 2009, in celebration of 20 years of activism on the
Moraine.
I - 7 Chris Andersson, Clinical Coordinator, Central East Prehospital Care
Program (CEPCP), commending Council and staff, on behalf of the
CEPCP, the Paramedics of Durham Region Emergency Medical
Services, and Clarington Fire Services, for maintaining an AED
program at the Orono Arena, which was utilized in assisting a victim
of Sudden Cardiac Arrest on September 10, 2009, allowing for the
best possible care to be provided in the time period prior to
Firefighters and Paramedics arriving on the scene.
1-8 The Honourable Rob Merrifield, P.C.. M.P., responding to Council's
correspondence of July 31,2009, concerning rural postal services in
Clarington; advising on September 12, 2009, the Government
announced the Canadian Postal Service Charter establishing the
expectations Canadians have for Canada Post and indicating that the
provision of postal service to rural regions of the country is an integral
part of Canada Post's universal service; and, indicating that as a
result, the Government is maintaining the moratorium on the closure
of rural post offices.
I - 9 Debbi Leroux, Clerk, Township of Uxbridge, advising Council that on
September 14, 2009, the Township of Uxbridge adopted the following
resolution pertaining to the growing gap between health services
required for our growing and aging population and the services
available:
"THAT the Council of the Township of Uxbridge support the Region of
Durham's Resolution that the Regional Municipality of Durham plead
with the Provincial Government, the LHIN's Lakeridge Health and the
Ministry of Health and Long Term Care to ensure that services and
treatment will be enhanced and not reduced nor withdrawn from the
Bowmanville site."
I - 10 P. M. Madill, Regional Cle[k, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to the Proposed Durham-
Based Research Innovation Centre - Support for a Durham Strategic
Energy Alliance - Lead Ontario Network of Excellence Expression of
Interest Proposal:
Summary of Correspondence
- 3 -
October 5, 2009
"a) THAT the Durham Strategic Energy Alliance (DSEA) -lead
proposal submission to the Provincial Ministry of Research and
Innovation for the creation of a Durham-based Research
Innovation Centre underthe Ontario Network of Excellence, be
supported; and
b) THAT upon approval, this resolution be forwarded toall Durham
Members of Provincial Parliament, Councils of all Durham local
municipalities, and all Durham Boards of Trade and Chambers of
Commerce."
1- 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Councii that on September 23, 2009, Regional Council
adopted the following resolution pertaining to Update Report on the
first four months of operations related to the changes to waste
collection levels of service in the Townships of Brock, Scugog and
Uxbridge and the Municipality of Clarington, effective March 31,2009:
"a) THAT the Regional Municipality of Durham Works and Finance
Department staff be authorized to negotiate with Miller Waste
Systems during the Fall of 2009 to amend the existing Regional
Contract T-434-2008 for transition to 24 collection weeks for leaf
and yard waste in the Townships of Brock, Scugog and Uxbridge
with collection to commence during the Spring of 2010;
b) THAT the amended contract be subject to acceptable costs and
terms being negotiated, as determined by the Commissioners of
Works and Finance and subject to review by Legal Department
staff, with operational cost impacts to be financed through the
2010 and future Solid Waste Operating Budgets; and
c) THAT a' copy of Report No. 2009-WR-17 of the Commissioner of
Works be forwarded to the Municipality of Clarington and
Townships of Brock, Scugog and Uxbridge to ensure the residents
are properly recognized for their excellent diversion efforts and
support in making this transition period a success."
1-12 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to the Quarterly Report on
Planning Activities:
"a) THAT Report #2009-P-56 of the Commissioner of Planning be
received for information; and
Summary of Correspondence
- 4 -
October 5, 2009
b) THAT a copy of Report #2009-P-56 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information."
1-13 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to proposed amendments
to regulations under the Planninq Act to notify propane facility
operators of development applications:
"a) THAT Report #2009-P-52 of the Commissioner of Planning be
forwarded to the Ministry of Municipal Affairs and Housing, as the
Region of Durham's comments on the proposed amendments to
Regulations under the Planninq Act, to notify propane facility
operators of development applications (EBR Registry Number
010-5183); and .
b) THAT a copy of Report #2009-P-52 be forwarded to the Area
Municipalities for information."
I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to GO Transit Rail Service
extension from Oshawa to Bowmanville and construction of a Rail
Equipment Facility in Whitby:
"a ) THAT through the planning and design of the rail service
extension from the City of Oshawa to Bowmanville, in the
Municipality of Clarington, GO Transit be requested to:
i) Undertake traffic impact assessments for each proposed new
GO Transit Station, and for the Town of Whitby maintenance
facility, to determine the appropriate access configuration and
to identify any Regional road andlor intersection
improvements required to accommodate GO Transit traffic;
ii) Identify the water and sanitary sewer servicing requirements
for each station site and the Town of Whitby maintenance
facility, so the Regional Municipality of Durham can
determine the availability of services and any service
upgrades or extensions required to meet GO Transit's needs;
iii) Consider the planned Regional road or service improvements
that may be affected by the extension of GO Transit rail
services;
Summary of Correspondence
- 5 -
October 5, 2009
iv) Enter into servicing agreements with the Regional
Municipality of Durham, or determine an acceptable
alternative arrangement, to address matters of performance,
maintenance and ownership associated with Regional road or
service improvements that will be undertaken by GO Transit
as part of the extension of GO Transit rail services;
v) Be responsible for 100 per cent of the project costs, including
improvements to Regional roads and services that are
necessary to accommodate GO Transit's project; and
b) THAT a copy of Joint Report #2009-J-33 be provided to GO
Transit, the Town of Whitby, the City of Oshawa and the
Municipality of Clarington."
1-15
P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to Durham Region Profile
- Demographics and Socio-Economic Data, File: D01-04
(2009-P-53):
.
"a) THAT Report #2009-P-53 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2009-P-53 be forwarded to all Regional
Departments, Area Municipalities, School Boards and Public
Libraries."
1-16 Jay Dagan objecting to the proposed "Energy-From-Waste" facility
due to health risks to present and future generations and the
increasing pollution to the already compromised air shed; a number of
physicians have already expressed their opinions against incineration;
expressing concern that the Environmental Assessment did not
include Lake Ontario in the study; suggesting the severity of the issue
warrants a referendum; and, urging Council to support more
environmentally sustainable and fiscally responsible alternatives such
as the models used in Nova Scotia and Alberta.
Summary of Correspondence
- 6 -
October 5, 2009
I - 17 Gary Cole, President, West Beach Association, forwarding a
progress report, on behalf of the cottage community on the West
Beach at Port Darlington, highlighting activities that have taken place
throughout the spring and summer to improve the appearance and
condition of members' cottages and the Beach in general; indicating
that during the summer the cottagers held their usual social events,
including card parties, barbeques, community suppers, pancake
breakfast, horseshoe tournament and screened a special showing of
the Hollywood movie "Killshot" which featured scenes that were shot
on the West Beach; and extending an invitation to Members of
Council and citizens of Clarington to visit the beach to participate in
the Association's activities or enjoy the natural beauty, tranquility and
charm of the beach.
CORRESPONDENCE FOR DIRECTION
D - 1 Clayton Morgan tendering his resignation from the Clarington Traffic
Management Advisory Committee.
(Motion to receive correspondence
with regret and refer to the Municipal
Clerk)
D - 2 Correspondence has been received from the following individuals
advising the Bowmanville Tennis Club is part of Bowmanville's
historic core providing a first class outdoor sport facility maintained at
no cost to the municipality; expressing concern with the potential loss
of the Bowmanville Tennis Courts and the expansion of parking into
the local community park as a solution to the parking problems
experienced by the Older Adult Association; suggesting the Older
Adult Association consider satellite locations to expand their
programming; and, urging Council to recognize the club's historic and
community value and to find another solution to the parking problem.
a) Andrew S. James
b) June and Steve Schultz
c) Nancy and Stephen Kalotai
d) Laurie Lafrance, Kevan Goble and Family
e) Janet Rice
f) Kelly Knight
g) Scott Kelly
(Motion to refer correspondence to the
Director of Engineering Services)
Summary of Correspondence
- 7 -
October 5, 2009
D - 3 Jo-Anne St. Godard, Executive Director, Recycling Council of
Ontario (RCO), forwarding an information kit including a promotional
poster and postcard and messages from Ontario's Minister of the
Environment and RCO program sponsors to assist the Municipality in
recognizing and celebrating Waste Reduction Week in Canada and
requesting that October 19 to 25, 2009, be proclaimed as 'Waste
Reduction Week".
(Motion to Proclaim)
D - 4 James Slyfield advising that he had previously expressed his
concerns regarding the Middle Road realignment, as part of the
Highway 407 project; acknowledging that he met briefly with staff
and a representative of an agent of the Ministry of Transportation
and that the Planning Department expected the Ministry of
Transportation to complete the road realignment design and address
the consequent impacts on adjacent neighbours; indicating that to
date there has been no direct consultation with himself or any of his
neighbours concerning road realignment, road elevation changes,
existing road removal and re-Iandscaping, driveway design, driveway
reconstruction, land ownership concerns or other matters; and listing
a number of major concerns he is requesting to be addressed and
resolved prior to the Ministry of Transportation taking steps to
acquire the property they are planning to expropriate from his land.
(Motion to refer correspondence to the
Director of Planning Services)
D-5
David Clark, Executive Vice President Corporate Services and CFO,
Veridian Corporation, advising that the current, second amended
versions of the Promissory notes established pursuant to transfer by-
laws passed under the Electricity Act, 1998, become due on
November 1, 2009; outlining the terms of the outstanding notes and
proposed amendments; and, proposing that a by-law confirming the
extension of the maturity date of the Outstanding Notes to
November 1, 2012 and approving the Note Amending Agreement
and the form of the applicable Third Amended and Restated
Promissory Note be passed.
.
(Motion to approve request and
forward appropriate by-law for Council
consideration)
Summary of Correspondence
- 8 -
October 5, 2009
D - 6 Anita Stillman, expressing the importance of the Seniors'
Snowclearing service to many seniors who are unable to shovel
themselves, who are on fixed incomes, and who wish to remain living
independently; and, stating she feels that $80,000 appears to be a
small savings in the scheme of Government spending and hoping
that the program of aid for seniors in trouble will be allowed to
continue.
(Motion to advise of Council's
decision with respect to Report
COD-058-09)
D - 7 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade
Committee, expressing concern with the budget cuts and new
chargeable fee of approximately $1,250 for the set up and take down
costs of the parade; indicating that there is no funding available in
the Parade budget and very limited time to revise the budget and
locate extra funds; and, requesting that Council waive these fees for
the 2009 Newcastle Santa Parade, given the high cost compared to
the parade budget as a whole.
(Motion for Direction)
D - 8 Sandra Sherk, Executive Director, Credit Counselling Services of
Durham Region, (CCSRD), an accredited agency providing
assistance to families and individuals in dealing with financial
challenges; advising of the increase in demand for service as a result
of these trying economic times and the difficulty CCSDR is
experiencing in trying to find funding to operate their services; and,
requesting Council's assistance in helping the CCSDR to find
ongoing funding to continue offering much-needed services to the
people of the communities they serve.
(Motion for Direction)
Cl~ilJgron
I - I
Approved bv Committee Members
CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE
MUNICIPALITY OF CLARINGTON
Minutes of Meeting
Thursday June 18,2009
PRESENT:
(Vice-Chair) Clayton Morgan
Gillian Bellefontaine
Lisa Robinson
Alan Bayliss
David Reesor
John Slater
ALSO
PRESENT:
Leslie Benson, Manager of Transportation & Design
Ron Baker, Traffic & Transportation Co-ordinator
Constable Esther Rathwell, Durham Regional Police Services
REGRETS:
(Chair) Gord Lee, Georg Krohn, Elwood Ward, Councillor Adrian
Foster, Kerry Meydam, Tony Carmella, Director of Engineering
Services
Clayton Morgan chaired the meeting as Gord Lee is recovering from surgery. Committee
members wished Gord a speedy recovery.
1.0 ADOPTION OF MINUTES-(May 21, 2009)
The following motion was proposed:
THAT: "The minutes ofthe May 21, 2009 meeting are approved without
changes. "
MOVED: by Gillian Bellefontaine; SECONDED by Lisa Robinson
CARRIED
2.0 ITEMS FOR INFORMATION
2.1 Road Watch News & Statistics-(Gord Lee)
DRPS Statistics-(Constable Esther Rathwell)
Due to Gord's absence there was no report for Road Watch therefore, there was
nothing to report from DRPS either.
2.2 Highway 407 Update-(Leslie Benson)
The June 2nd meeting was cancelled. Planning and Engineering staff are
reviewing the Environmental Assessment documents prior to their submission to
MOE and will create a report for submission at the July 6th General Purpose and
Administration Meeting.
3.0 AGENDA ITEMS FOR DISCUSSION
3.1 Signalization-Bowmanville-Review area-Stuart McAllister
Stuart McAllister reported that the signals at Bwy. 2 and Green Road will be
activated near the end of August.
The signals at Longworth A venue and Liberty Street will be activated as soon as
an ESA inspection is completed.
3.2 Road Watch Box, Orono-Gord Lee
This item will be placed on the August agenda.
3.3 Sidewalks-Main Street, Orono-Stuart McAllister
Stuart McAllister reviewed the sidewalks in Orono due to two tripping incidents
and found that on the roadway the parking lane toward the curb has dropped and
there are tow spots across from the Bakery. He has passed this onto the Regional
staff to review. He feels that when the road is reconstructed it will be repaired.
3.4 Three-Way Stop @Hampton Store-(check counts)-Ron Baker
This item will be carried over to the August meeting.
3.5 All-way stop Rosswell Dr. at Southfield Ave.-Courtice-Ron Baker
The intersection at Rosswell Dr. and Southfield Ave. in Courtice has been
reviewed for an all-way stop. Ron Baker reported that traffic volumes have
increased and the main concern from residents was speeding. He reported that of
the 133 vehicles the average speed was 49.8 KPH in a 50 KPH zone with the 85th
(:'1 'VIAC'
:'
.fun.: 11'0 :ZOO')
percentile being 53.4 KPH. Engineering staff are not recommending an all-way
stop as there is currently only 29% ofthe total volume required.
The following motion was proposed:
THAT: "The Clarington Traffic Management Advisory Committee members
agree with Engineering staff that an all-way stop be denied at the intersection of
Rosswell Dr. and Southfield Ave. in Courtice."
MOVED: by Lisa Robinson; SECONDED: by Dave Reesor
3.6 Mearns Ave. at Longworth Ave. update-Ron Baker
Ron Baker performed recent traffic counts and volume hasn't changed. The
average speed in the posted 50 KPH zone was 60 KPH. Constable Rathwell
commented that she has been receiving complaints for Mearns Ave. and
Concession 3.
3.7 Clarington Blvd. at Stevens Rd. update-Ron Baker
This roadway operates well except when school commences and dismisses.
Pedestrian flow is high and there are 7-8 minutes between classes when students
leave the school for a break. Ron Baker performed traffic counts showing that
they are only 50 vehicles short of meeting the warrant for an all-way stop but an
all-way stop with multiple lanes and high pedestrian activity would not function
well. The area is still under development and Ron will continue to monitor it. At
this time Engineering staff are not recommending changes. Constant pedestrian
jay walking is the major safety factor and disruption to traffic flow. Durham
Regional Police Services is monitoring this area as well.
3.8 Simpson Ave. Request for Two All-Way Stops-Ron Baker
There have been requests for two all-way stops, one at Simpson A venue and
Prince Street and one at Simpson Avenue and Hobbs Drive. Ron Baker recorded
traffic counts that showed the average speeds for Prince and Simpson were 52.4
KPM and Hobbs and Simpson were 53.2 KPH. One resident commented that
5:00 a.m. in the morning has the highest volume of speeders. Engineering staff
do not recommend all-way stops at these locations. Simpson Avenue has 6 "T"
intersections resulting in side street traffic falling below warrant levels.
The following motion was proposed:
THAT: "The Clarington Traffic Management Advisory Committee members
agree with Engineering staff to deny all-way stops at Simpson Ave. and Prince St.
as well as Simpson Ave. and Hobbs Dr. in Bowmanville.
MOVED: by Gillian Bellefontaine; SECONDED: by Lisa Robinson
CARRIED
3.9 Dadson Sq. Speeding Complaint-Ron Baker
Ron Baker read the letter that was submitted from residents of Dads on Square
who petitioned a complaint about speeders dated May 4th. The Petition was sent
to Council May 11 tho Ron conducted a speed study and offered the radar gun to
the resident but she refused the offer. There are no collisions near Dadson Square
on file from DRPS. The average speed was 36.9 KPH on Dadson Square and
35.5 KPH on Fletcher Square. Ron said that speeding on these roads was very
unlikely because of their design. No further action needs to be taken.
The following motion was proposed:
THAT: "The Clarington Traffic Management Advisory Committee members
agree with the Engineering staffs verbal report and no action will be taken with
regards to speed on Dadson Square."
MOVED: by Alan Bayliss; SECONDED: by Gillian Bellefontaine
CARRIED
4.0 NEW BUSINESS AT DIRECTION OF CHAIR
4.1 50 KPH Rural Signs-Clarington
The new entrance speed signs for Clarington are still being installed and should
be completed shortly. Many residents are assuming that the speed limit is 80
KPH but there was a By-law that was passed stating that the limit is 50 KPH
unless otherwise posted. As per Constable Rathwell, speed limits on roads will be
enforced.
4.2 Pedestrian Crossing Light-Liberty Street, Bowmanville
Stuart McAllister advised that a pedestrian count was done in May but the
crossing near Parkway Crescent is still under investigation.
4.3 Baseline Rd. & Liberty St. Intersection-Bowmanville
At the time Liberty Street will be reconstructed this intersection will be reviewed
in order to give large radius for transport trucks that currently have difficulty
making the turn.
4.4 Open House @ Garnett B. Rickard-New Go Transit in Bowmanville
The Open House was very informative and residents were able to see the three
possible locations for Go Stations which are: Courtice Road, Martin Road and
Lambs Road. Canadian Pacific Rail has been chosen as the rail line. The project
is in the pre-environmental stage presently.
4.5 Parking on Main St.-Orono
There are cars parked all night and part of the days in spaces downtown which
should be reserved for downtown shoppers. Leslie Benson will mention this to
By-Law. On Gord Lee's return it can be mentioned that the Road Watch Box
could be placed in the downtown area. Esther Rathwell suggested that a call to
DRPS giving the licence plate numbers of the vehicles parked overnight before
2:00 a.m. can be made. Reporting through the DRPS website is another option.
Visit www.dros.ca and follow the Road Watch linle
4.6 Green Rd. Speeding-Bowmanville
Ron Baker will add the area on Green Road that is south of Taunton Road to the
Traffic Watch list in order to check for speeds. It was questioned whether white
edge lines would help to reduce speeds. Ron Baker commented that this was
done in Solina and he would take it into consideration in this year's line painting
contract.
4.7 Townline Rd. & Taunton Rd. Intersection
Stuart McAllister will check with Systems staffto see if they can lengthen the
time ofthe left turn lights to allow more vehicles to turn from Townline Road
onto Taunton Road until reconstruction with additional turn lanes is completed.
4.8 Railway Trestle-Crossing Hwy. 2-Bowmanville
Teenagers are walking on the railway tracks late at night when trying to cross
Hwy. 2. Constable Rathwell said that this can result in trespassing charges. CP
police are aware of this area.
4.9 Speed Humps-2 Requests-Bowmanville
There has been a request for speed humps on Lockhart Gate in Bowmanville off
Baseline Road. The resident has currently borrowed radar gun to check speeds.
Another request was Goodwin Avenue in Bowmanville across from St. Stephen's
High School where students go to Pizza Pizza. Ron Baker performed traffic
counts and didn't witness any speeding. The average speed was 44.2 KPH in a 50
KPH zone. DRPS have not seen any speeding either.
4.10 Bowmanville High School EntrancelExit
There is an issue with entering and exiting the Bowmanville High School. The
north driveway is for exiting the site and the south driveway is for entering the
site. However, the one way arrangement is not always observed. The school is
responsible for installing the proper signage. Stuart McAllister and Ron Baker
have both spoken with staff at the school and made suggestions as to how to
correct the current situation. The Region is hoping to meet with the school and
Municipality to resolve the situation. Leslie Benson is going to try to locate an
agreement between the school and Municipality regarding the enterlexit
roadways.
4.12 Summer
Clayton Morgan wished members of the committee a safe and happy summer.
5.0 NEXT MEETING DATE- August 20, 2009-7:00 P.M.
Committee Room I C-Enter via Municipal Administrative Centre, 40 Temperance
Street, Bowmanville, through the north door on Church Street (Library entrance
doors).
6.0 ADJOURNMENT
MOVED by; Lisa Robinson
THAT: "The meeting be adjourned at 8:50 p.m."
CLARINGTON HERITAGE COMMITTEE
1-2
Minutes of Meeting No.7
September 15, 2009
MEMBERS PRESENT:
Victor Suppan
Paul Allore
Karina Isert
Karin Murphy
Councillor Mary Novak
David Reesor
James Rook
Leslie Wils
Duane
In Ingrid
REGRETS:
Andrew Kozak, Isabel Little
GUESTS:
Martha Conrad-Rutherford, Clarington Museu
PLANNING STAFF:
Fa e Lan maid
ember introduced themselves
have been working with the developer and
ard to the future plans for Camp 30. At this
. Iition of any of the buildings but they will be
buil I . e site and when the site was added to the
ings were added regardless of their history or function. There
ha and Faye have been able to tour the site and flush out the
wish to reconsider whether they should remain on the
Faye an
related the
significance.
Architect's Depa
drawings in the Gov
tour of the site, building by building with photos and a map that
ilding, year of construction, architect (if known) and historical
ts for the Boys Training School were the Province of Ontario,
many of the buildings (existing and long gone) have architectural
ment of Ontario Archives. The two main architects for the site were:
Francis Riley Heakes (1858-1930) was appointed Chief Architect of the Provincial Architect's
Department in 1896 and held the post until his death in 1930. The Ontario Archives hold
drawings for virtually all provincial buildings executed under his supervision from 1896 until
1926. For the Boys Training School he is responsible for two Dormitories and Dining Hall
(cafeteria), 1925; Medical Superintendents Residence, Fire Hall, 1926; Boiler House & Heating
Plant, 1928; Gymnasium & Swimming Pool, 1929.
George N. WHITE (1874-1964) served as Chief Architect for the Province of Ontario from
1934 until 1942 and was directly responsible for the design and construction of buildings
erected for provincial use during this period. Born in Dundee, Scotland on 25 November 1874
he was educated at the Glasgow School of Art and at Heriot Watt College in Edinburgh. In
1911 he immigrated to Canada and obtained a position with Darling & Pearson, the largest
architectural office in Toronto, and remained with them until May 1913. At that time he joined
the staff of the Provincial Architect's Dept., working directly under the supervision of F.R.
Heakes, who trained him as his chief assistant over the next fi years. When Heakes
retired in late 1926, White was appointed Acting Provincial Arch' post he held until 1934
when he assumed the post of Provincial Architect. His wo owmanville at the Boys
Training School included the Hospital (Infirmary Building). .
f their construction
'e style others are
building which
The architecture of the buildings forms a collection
dates between approximately 1925 and 1940, som
more of the internationallfunctional style and it
architectural style was used.
usual collection of buildings in
in Ontario and Canada at large,
tics of the style include a strong
ines and other linear elements
e style matured under the
rom his Oak Park, Illinois
ng es, squares and occasional
ented and as a collection they
Of note in these buildings is the central
pace of the interiors and provided natural
ter.
From the r
Museum .
prope
inv
majo
differen
able to date most of the buildings. The
Camp 30 Ar es and has the documents from when the
rnment of Ontario. At that time (1981) each building was
nditions noted and a life expectancy given for each plus
Municipality has a number of aerial photographs from
w dates have been determined.
MOTION 09.18
ved by Karin Murphy, Seconded by Karina Isert
That with reg to 2020 Lambs Road the Clarington Heritage Committee
recommends buildings 1, 6, 9,10,12,16,17, and 18 as noted on the attached
map for removal from the Municipal Register at this time given their condition and
the lack of significant historical significance.
"CARRIED"
2
ADOPTION OF MINUTES:
MOTION 09.19
Moved by Paul AIIore, Seconded by James Rook
THAT the minutes from June 16,2009 be accepted.
"CARRIED"
BUSINESS ARISING:
are working on a report
provided by the 407
of expertise. The
ow be dissolved.
the 407 to the
. EA will be
407 August 2009 Submission
The Municipality been notified that the EA has been sub
for the September 28th GPA meeting based on the pr VI com
Advisory Committee with the assistance of other co ees in their
mandate of the 407 Advisory Committee has been d and as such it
Isabel is working on a report to add two of the e properties in the pa
Municipal Register (see additional comment ). Pub!' omments 0 .
accepted by the Ministry of Environment until Oc 16th
'ch was sent to the Committee by
'ally the HCD review found no
eing a HCD to be onerous
rties. There have been no
residents feared have not
MOTION 09.20
es the Heritage Conservation District
e General Purpose and Administration
"CARRIED"
Additio er
At the Ju f the GPA Committee the following resolution was passed "That
in future sta ontact with and provide a written report to any property owner
where there is t their property/house is being added to the Municipal Register
of Property of C age Value or Interest and prior to application be submitted for
Heritage Designatio is resolution impacts the additional properties that the Committee is
considering adding to t e Municipal Register and increases the work required to do so.
MOTION 09.21
Moved by James Rook, Seconded by Karin Murphy
Advise Council of the need to educate owners of properties of heritage interest
andlor the general public about the methods of protecting and enriching heritage
properties, including designation, the municipal register and historical research. The
Clarington Heritage Committee is willing to lend its expertise in assisting staff in the
3
preparation of materials, development of a website and holding public meeting to
achieve this end. .
"CARRIED"
CORRESPONDENCE
The CHO Newsletter was circulated.
Notification that the Sign By-law was going to GPA on Septembe
the new business portion of the meeting.
FINANCIAL REPORT:
May 26 Opening Balance
May 29 Interest
June 25 Closing Balance
June 30 Interest
July 24 Closing Balance
July 31 Interest
Aug 25 Closing Balance
MOTION 09.22
'ts mandate, additional report to MOE
ith Petrus Bo ,BIA and other signs are being addressed.
had planned on their railing and will only be doing repairs
iling like Main Street. Orono Electric, Di's Pizza and
ge grants. Parking continues to be an issue. The
Beech Avenue
report, next meeting September 24th
plications to report on. Evaluation discussed earlier.
PROJECT REPORTS:
Inventory Update:
Website:
David and Karin working away on pictures
No report
MOTION 09.23
Moved by Victor Suppan, Seconded by Paul Allore
4
The Clarington Heritage Committee request financial support (approx $8 to
$10,000) and staff support for the website construction related to the public
education of our heritage resources, since the CHC has no experience to
perform this task but have the material for the website.
"CARRIED"
NEW BUSINESS:
Official Plan Review and potential HCD's
Faye distributed maps of Newcastle, Orono and B
heritage interest. From these maps the clustering is
ideas for potential HCD's. Hampton was also su
the next meeting.
ow the buildings of
Committee some
the agenda of
visory committees as part of the
this will remain the case for the
on the budget additional staff
utes of the meeting can either
. Regardless of which is
t t are making resolutions or
mute t The budget restraints will also
on can devote to a Committee as other staff
or will remain vacant for sometime.
SiQn By-law
The Sign B
are spe.
resid
res
to the September 14 GPAmeeting. There
eritage Reso rce Areas and a number of restrictions on
ation district). It was suggested that Isabel who has been
d rewrite provide a presentation at the next meeting.
Next Meeting
October 20, 2009
Meeting Room 1C, 7:00 pm
5
CJI~]ll 11
Cher izin Ontario
~ K
REPORT #1
REPORT TO COUNCIL MEETING OF OCTOBER 5, 2009
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, SEPTEMBER 28, 2009
RECOMMENDATIONS:
1. REC EIVE FOR INFORMATION
(a) EGD-029-09 Monthly Report on Building Permit Activity for August, 2009
(b) FND-022-09 PSAB 3150 Tangible Capital Assets Update
(c) FND-024-09 Annual Commodity Hedging Report - 2008
(d) FND-025-09 Annual Leasing Report - 2008
(e) FND-026-09 Municipal Performance Measures Program - 2008
(f) Delegation - Richard Ward -Property Standards Issue
(g) Verbal Report Confidential Report from the Solicitor -Expropriation
2. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PLACE OF
WORSHIP, ASSOCIATED DAY CARE FACILITIES, AND PLAYING FIELDS
APPLICANT: THE DURHAM CHURCH NETWORK
THAT Report PSD-089-09 be received;
THAT the application submitted by The Durham Church Network for Zoning By-
law Amendment continues to be processed including the preparation of a
subsequent report following the receipt of the outstanding agency comments;
THAT Staff continue processing the Zoning By-law Amendment application; and
THAT all interested parties listed in Report PSD-089-09 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OFCLARINGTON
40 T&MPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1
2
October 5, 2009
3. ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL
HERITAGE VALUE OR INTEREST
THAT Report PSD-090-09 be received;
THAT the properties identified as 5531 Bethesda Road and 5681 Acres Road, be
added to the Municipal Register of properties of cultural heritage value or interest;
and
THAT all interested parties listed in Report PSD-090-09 and any delegation be
advised of Council's direction.
4. MINOR VARIANCE TO SIGN BY-LAW 97-157
APPLICANT: ELDAD UNITED CHURCH
THAT Report PSD-091-09 be received;
THAT the application for Minor Variance to the Municipality of Clarington Sign
By-law 97-157, submitted by Eldad United Church, to permit a reduction in the
minimum required setback from the road allowance from 1 metre to 0 metres for a
ground sign; and to permit an increase in maximum permitted sign area from 1.5
square metres to 2.3 square metres for a ground sign, be approved; and
THAT all interested parties listed in Report PSD-091-09 and any delegations be
advised of Council's decision.
5. HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT
MUNICIPALITY OF CLARINGTON COMMENTS TO THE MINISTRY OF
ENVIRONMENT
THAT Report PSD-092-09 be received as amended by removing the word
"phasing" and replacing it with the words "next steps" in Section 7.2;
THAT Report PSD-092-09 be approved as the Municipality of Clarington's
comments to the Ministry of the Environment on the Environmental Assessment
submission for the Highway 407 East Extension;
THAT a copy of Report PSD-092-09 and Council's decision be forwarded to the
Ministry of the Environment, the Ministry of Transportation, and the Regional
Municipality of Durham;
THAT the Ministry of Environment and the Ministry of Transportation be requested
to ensure that the Highway 407 east extension be completed as one phase from
Pickering to Highway 35/115;
THAT all interested parties listed in Report PSD-092-09 and any delegations be
advised of Council's decision.
Report #1
3
October 5, 2009
6. DECLARATION AND SALE OF SURPLUS PROPERTY, PART LOTS ON PLAN
18T-95028 ON GLENABBEY DRIVE AND MEADOWGLADE ROAD, COURTICE
TO 708545 ONTARIO LIMITED (GERANIUM CORPORATION)
THAT Report PSD-093-09 be received;
THAT Council declare, by By-law portions of Lots 57,58,59,60,61,62,63,64,
65, 66, 67, 85, 86 and 118 and Blocks 190, 191, and 192 on Draft Plan 18T-95028
(Plan 40R-26039 and Plan 40R-26040), as shown on Attachment 1 to Report
PSD-093-09, to be surplus property of the Municipality;
THAT a By-law be passed to authorize the Mayor and the Clerk, on behalf of the
Municipality, to execute the agreement for the sale of the portions identified on
Attachment 1 to Report PSD-093-09 to 708545 Ontario Limited (Geranium
Corporation) for $114,375.00;
THAT all legal and related costs be borne by the purchaser;
THAT the proceeds from the sale of the surplus property be deposited into the
Municipal Acquisition of Real Property Reserve Account; and
THAT staff and the Municipal Solicitor be authorized to take all necessary actions
to complete the transactions.
7. DUNBURY SUBDIVISION PHASE 1, BOWMANVILLE, PLANS 40M-2096 AND
40R-21119, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-
LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD-028-09 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 Plans 40M-2096 and 40R-21119; and
THAT Council approve the by-laws attached to Report EGD-028-09, assuming
certain streets within Plans 40M-2096 and 40R-21119 as public highways.
8. COMPLIANCE AUDIT - JOHN MUTTON 2006 ELECTION CAMPAIGN
THAT Report CLD-017-09 be received;
THAT, in accordance with section 81 (4) of the Municipal Elections Act, Bernard G.
Nayman Chartered Accountant be appointed to conduct a second compliance
audit of John Mutton's 2006 Mayoral Campaign; and
THAT the interested parties listed in Report CLD-016-09 be advised of Council's
decision.
Report #1
4
October 5, 2009
9. APPOINTMENTS TO SAMUEL WILMOT NATURE AREA MANAGEMENT
ADVISORY COMMITTEE AND TO THE GREEN COMMUNITY ADVISORY
COMMITTEE
THAT Scott Stevens be added to the list of interested applicants requesting
appointment to the Green Community Advisory Committee;
THAT Report CLD-018-09 be received;
THAT Pat Mulcahy be appointed to the Samuel Wilmot Nature Area Management
Advisory Committee;
THAT Cathrine McKeever be appointed to the Green Community Advisory
Committee.; and
THAT the interested parties listed in Report CLD-018-09 and Scott Stevens be
advised of Council's decision.
10. TENDER CL2009-28, GUIDERAIL INSTALLATION
THAT Report COD-054-09 be received;
THAT Peninsula Construction Incorporated, Fonthill, Ontario, with a total bid price of
$81,876.58 (excluding G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2009-28, be awarded the contract for the
Guideraillnstallation as required by the Operations Department; and
THAT the required funds in the amount of $129,076.58 ($81,876.58 tender plus
consulting, contingencies, emergency work and administration) be drawn from the
Department of Operations, 2009 Capital Budget for Guide Rail Installation Account
#110-36-330-83639-7401.
11. CO-OPERATIVE TENDER T-220-2009, SUPPLY, RETREADING, REPAIR AND
DISPOSAL OF TIRES AND TUBES
THAT Report COD-055-09 be received;
THAT Attersley Tire Services Incorporated, Port Perry, Ontario with an approximate
annual value of $27,095.62, being the lowest responsible bidder meeting all terms,
conditions, and specifications be awarded the Municipality of Clarington
requirements for Co-operative Tender T-220-2009, Supply, Retreading, Repair and
Disposal of Tires and Tubes for a one year term;
THAT pending satisfactory pricing and service the contract be renewed for the
second through fifth year; and
THAT the funds required be drawn from the Department of Operations various
current operating accounts.
Report #1
5
October 5, 2009
12. CONFIDENTIAL REPORT - PERSONAL COMPENSATION MATTER
REGARDING AN IDENTIFIABLE INDIVIDUAL
THAT the recommendations contained in Confidential Report COD-056-09 be
approved.
13. TENDER CL2009-22, CONCESSION ROADS 7 & 8 REHABILITATION - BUILD
CANADA FUND - COMMUNITIES COMPONENT (BFC - CC)
THAT Report COD-057-09 be received;
THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of
$3,958,681.06 (plus G.ST), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2009-22, be awarded the contract for the
Concession Roads 7 & 8 Rehabilitation, as required by the Engineering Department;
THAT funds required in the amount of $4,711 ,000.00 (which includes
$3,958,681.06 tendering, design contract administration and contingencies) be
drawn from Account #110-32-330-83347-7401; and
THAT the By-law attached to Report COD-057-09, marked Schedule "A",
authorizing the Mayor and the Clerk to execute the necessary agreement, be
approved.
14. ADDENDUM #2 TO REPORT COD-005-09, COMMUNITY VIDEO SHOWCASE
PROGRAM
THAT Report COD-005-09 Addendum #2 be received;
THAT Report COD-005-09 Addendum #1, be lifted from the table;
THAT the Clarington Board of Trade presentation on their Clarington Promotional
Video Program be received;
THAT Council endorse the Board of Trade Clarington Promotional Video Program
to be produced as soon as possible and co-ordinated by the Board of Trade, with
no monetary impact on the Municipality; and
THAT the Board of Trade and CGI Communications Inc. be advised of Council's
decision.
15. PRESENTATION - PETER SIMMONS, DIRECTOR, MUNICIPAL AND
COMMUNITY ENGAGEMENT NUCLEAR WASTE MANAGEMENT
ORGANIZATION
THAT Mr. Peter Simmons be thanked for his presentation and update; and
THAT all Members of Council be provided a copy of Mr. Simmons' Powerpoint
presentation.
Report #1 6 October 5, 2009
16. PRESENTATION - JOHN O'TOOLE, DURHAM MPP - HIGHWAY 407 EAST
THAT John O'Toole be thanked for his presentation.
C!{J!ington
Staff Report # 2
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
COUNCil
Date:
Monday, October 5, 2009
Report #:
COD-060-09
File#_
By-law #
Subject:
TENDER Cl2009-38, CONCESSION ROADS 6 REHABllITATION-
INFRASTRUCTURE STIMULUS FUND (ISF)
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-060-09 be received;
2. THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of
$2,099,521.95 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions
and specifications of Tender Cl2009-38, be awarded the contract for the Concession Road 6
Rehabilitation, as required by the Engineering Department;
3. THAT funds required in the amount of $2,461,000.00 (which includes $2,099,521.95
tendering, design contract administration and contingencies) be drawn from Account #110-
32-330-83402-7401; and
4.
THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
Submitted by: d ~ Reviewed by:
~ Marano, H.B.Sc., C.M.O.,
Dire9!or of Corpora ervic;e(
4/;.v /-JI'. 0?
, .,/,' , , ~~
Nancy Tay, r, B.B. -;' . ,
Director 0 Financ trreasurer
(/"') ~~'&..
'-
Franklin Wu,
Chief Administrative Officer
MMIJDBlkm
CO~PORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
REPORT NO.: COD-060-09
PAGE 2
1. BACKGROUND AND COMMENT
1.1 Tender specifications were provided by AECOM for the Concession Road 6
Rehabilitation, as required by the Engineering Department.
1.2 Tenders were advertised in the Daily Commercial News as well as electronically.
Subsequently, tenders were received and tabulated as per the letter from AECOM Canada
Ltd., Schedule "B" attached.
2. ANALYSIS
2.1 Based on bids submitted, the project cost is estimated to be $354,001.00 below the amount
eligible for funding under the Infrastructure Stimulus Fund Approved Funding Application. In
order to maximize the benefit of the funding program it is recommended that the unit prices
in the contract be extended to include additional works as outlined in the Engineering
Department memo, (see Schedule "B"). This will increase the project value by an estimated
$335,000.00.
2.2 Included in the consideration of the extension the unit prices of both bidders were taken into
account as follows:
Bidder/sl
Bid Amount
Revised Bid Amount
Coco Paving Inc.
Oshawa, ON
$1,764,521.95
$2,099,521.95
Miller Paving Limited
Markham,ON
$1,786,949.76
$2,126,932.62
2.3 The application of the increased work .on this project does not change the position of the
bidders: Coco Paving remains the low compliant bidder.
3. FINANCIAL
3.1 The total project cost, including tender price of $2,099,521.95, design, contract
administration and contingencies amounts to $2,461,000.00. The funding required for the
project is outlined in the memo from Engineering Services and the letter from AECOM
Canada Ltd. marked Schedule "B".
3.2 Funding for this project will be drawn from the Concession Road 6 - ISF Account # 110-32-
330-83402-7401 in the amount of $2,461 ,000.00.
REPORT NO.: COD-060-09
PAGE 3
3.3 After further review and analysis of the bids by Engineering Department, AECOM Canada
Ltd. and Purchasing, it was mutually agreed that the low bidder, Coco Paving Inc, Oshawa,
Ontario be recommended for the contract for the Concession Road 6 Rehabilitation. The low
bidder previously performed satisfactory work for the Municipality of Clarington.
4. INPUT FROM OTHER SOURCES
4.1. The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specification, etc., should be
referred to the Director of Engineering.
4.2 This report has been reviewed for recommendation by the Purchasing Manager, with the
appropriate departments and circulated'as follows:
Concurrence:
Director of Engineering
Attachments:
Attachment 1 - Schedule "A". By-law
Attachment 2 - Schedule "B", Memo from Engineering Services and Letter from AECOM Canada Ltd.
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Coco Paving
Inc., Oshawa, Ontario to enter into agreement for Concession
Road 6 Rehabilitation.
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, Coco Paving Inc., Oshawa, Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2009.
By-law read a third time and finally passed this
day of
,2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Schedule "B"
C!{}l-i!Jgron
MEMO
TO: Jerry Barber, Purchasing Manager
FROM: Anthony Cannella, CET., Director of Engineering
DATE: September 29,2009
SUBJECT: Concession Road 6 - Infrastructure Stimulus Fund
CL2009-38, Account #110-32-330-83402-7401
.
The Engineering Services Department has reviewed the recommendation provided by
AECOM Canada Ltd. ("AECOM") and offers the following comments.
In June of 2009 the Municipality's application for funding under the Infrastructure
Stimulus Fund in the amount of $2,480,001.00 for rehabilitation of Concession Road 6 in
former Darlington Township from Old Scugog Road to Acres Road was approved by the
provincial and federal governments. We concur with the recommendation to award the
contract to Coco Paving Inc. in the amount of $2,099,521.95 exclusive of G.S.T. for the
road rehabilitation project. The award includes an additional amount of $335,000 over
the tender amount to cover the extension of the road rehabilitation roughly 695 m east to
Cole Road and additional geometric safety improvements at the intersections of
Concession Road 6 with Liberty Street North and Old Scugog Road. The tender
documents called for the east limit of the project to terminate at Acres Road and
improvements to be limited to ditching and pavement transition tie-ins at the
intersections. The extension of the limits will serve to extend the Iifecycle of the roadway
and result in reduced maintenance demand over time, the geometric improvements at
the Liberty Street and Old Scugog Road intersections will improve the operational
movements and safety of the intersections and were made possible by the competitive
pricing received in the tender relative to the budgeted amount. Consideration was given
to extending the works even further east but this portion of Concession Road 6 will be
impacted by future works related to the 407 extension and therefore the intersection
improvements were considered instead.
Due to past experiences on similar projects, a contingency amount of approximately
10% is carried forward. Therefore, including design and tender fees as well as contract
administration fees, the Engineering Department advises the following breakdown for the
above referenced project, which will be cost shared with the provincial and federal
governments at a 1/3 ratio for each party:
2
Schedule "B"
Sept. 29, 2009
Budget Amount
Project Breakdown
$2,461,000.00
$2,480,001.00
Total Project Value
Conc. Rd 6 (2009)
110-32-330-83402-7401
Estimated Budget Surplus/Deficit
$19,001.00
$0.00
Additional Funding Required
We recommend the report direct to Council move forward based on the above
apportionments. Attached for your files is the recommendation provided by AECOM
which includes a more detailed breakdown of estimated project costs. Should you have
any further question, please feel free to contact the undersigned.
Regards,
4u
A. S. Cannella, CET.
Director Engineering Services
ASC:jb
Attachment
cc William McCrae, P. Eng., AECOM
Nancy Taylor, Director of Finance
1:IEngAdmin\MEMOS 2009\BiancolCSRConc Rd 7 & 8.1 CL2009.22.doc
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
Schedule "6"
AECOM
AECOM
513 Division Street, Cobourg, ON, Canada K9A 5G6
T 905.372.2121 F 905,372.3621 www.aecom.com
September 28, 2009
Project Number: 114825 (12-29677-18)
Mr. A. S. Cannella, C.E.T.
Director, Engineering Services
The Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L 1C 3A6
Dear Sir:
Re: Concession Road 6 Road Rehabilitation,
Contract No. CL2009-38 (the "Contract"), Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Friday, September 25, 2009 at
2:00 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST.
,
,', " ""' , BIDDER
TOTAL BID
Coco Paving Inc., OSHAWA, Ontario
$1,764,521.95
Miller Paving Limited, WHITBY, Ontario
$1,786,949.76
The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all
bids to confirm compliance with the Clarington Purchasing By-Law and all bids were deemed
compliant. AECOM Canada Ltd. ("AECOM") has reviewed all bids and confirmed the bid values
noted above. Coco Paving Inc. is the lowest bidder. its submitted tender has been reviewed and is
compliant.
Coco Paving Inc. (formerly Lafarge Paving Inc,) has completed several projects for the Municipality of
Clarington in recent years in which AECOM has provided Contract Administration, including CL2007-
40 (Asphalt Re-surfacing, Various Streets, 2007) and CL2006-33 (Asphalt Re-surfacing, Various
Streets, 2006). Quality of work and adherence to standards was satisfactory for these projects. As
requested by the Purchasing Department, references were checked only for the lowest bidder,
Coco Paving Inc. has completed a number of similar scope projects including work for the Region of
Durham and the City of Oshawa. Staff contacted at the Region and Oshawa stated that Coco Paving
Inc. has completed the work to specification and to their satisfaction,
Estimated costs for various project components, based on Coco Paving Inc,'s bid are summarized as
follows:
(C:\Documents and SettlngsljD01\Locaf SeIlings\Temporary Inlemel FilesIContenLOutlookIYM02E1NPICL.200&-38 Tender Award Letter rev (Signed).doc)
Schedule "B"
Page 2
Mr. A.S. Cannella. C.E.T.
September 28. 2009
Construction Contract CL2009-3B
Geotechnical Investigation
Design, Tendering and Contract Administration (10%)
$1,764,521.95
8,095.00
176,452.20
Sub-total
Contingencies (10%)
1,949,069.15
176,930.85
Total
$2.126.000.00
The project is estimated to be $354,001.00 below the amount eligible for funding under the
Infrastructure Stimulus Fund Approved Application amount of $2,480,001.00. In order to maximize
the benefit of the funding program and to further improve the condition of Municipality of Clarington's
overall road network, it is recommended that unit prices bid in the contract be extended to include the
following works:
DESCRIPTION
ESTIMATED COST BASED
ON BID UNIT PRICES
. Extend the length of the project by 695 m easterly
on Concession Road 6 to Cole Road
$205,000.00
. Additional geometric improvements be completed
at the intersection of Liberty Street North and Concession
Road 6 to improve visibility and safety at the intersection
$50,000.00
. Additional geometric improvements be completed
at the intersection of Old Scugog Road and Concession
Road 6 to improve traffic movements and safety at
the intersection
$80,000.00
Total Additions:
$335.000.00
Inclusion of these items will result in a revised bid price of $2,099,521.95. When comparing the
extension of the unit prices for the recommended additional work for both bids submitted, the ranking
of the bids is unchanged.
The low bid from Coco Paving I nc. Is within the project budget and based on the references contacted
regarding performance on previous projects, in our opinion, the bid in the amount of $2,099,521.95
(exclusive of GST) may be awarded to Coco Paving Inc. of Oshawa, Ontario, subject to all provisions
of the Clarington Purchasing Bylaw being met.
(C:'Documents and Set!ings\jbOl\L(ICll1 Sellings\Temporary lnteme\ Files\Conten1.0ulIook\YM62E1NP\CL2009-38 Tender ",word leiter I1l\I (Signed).doc)
I
i AECOM
I
Page 3
Mr. AS. Cannella. C.E.T.
September 28. 2009
Bid Cheques or Bid Bonds shall be retained for Coco Paving
second low bidder, untii the Contract has been executed.
Schedule "6"
Inc. and Miller Paving Limited, the
Should you have any questions regarding this matter, please contact the undersigned.
Sincerely,
AECOM Canada Ltd.
t-~
Ron Albright, P.Eng.
Project Manager, Community Infrastructure
ron.aibright@aecom.com
RA:ym
(C:\Oacumen\:$ and Setlill\ls~b01\LQcal SettingslTemparn'Y Inlemel FileslCorrlent.OutlookIYMS2E1NFICL.2009-3S Tender A.....ard Leite!" re\I (S1gned).doe)
I AECOM
Unfinished Business #1
C!NilJgron
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
October 5, 2009
Report #: CLD-019-09
File #:
By-law #:
Subject:
SHOW KIDS YOU CARE
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report CLD-019-09 be received;
2. THAT a letter of support be forwarded to Show Kids You Care.
Submitted by:
, .
o~-:. ~
Reviewed by: Franklin Wu,
Chief Administrative Officer
Attachment NO.1 - Letter from Show Kids You Care
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVI LLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-019-09
PAGE 2
BACKGROUND
At the Council meeting of September 21, 2009, correspondence from Jill McKinney, Executive
Director, Show Kids You Care and the Hon. Joseph Fontana, P.C., Trinity Global Support
Foundation was tabled to the October 5 Council meeting.
Show Kids You Care leads a network of breakfast clubs and lunch programs throughout the
country to ensure that kids living in poverty have access to nutritious food in an environment
that nourishes their bodies, minds and souls. Interested parties apply to the program for
resources such as funding, assistance with menu plans and volunteer strategies. Currently
they are working on building a program for a National Registry to allow program coordinators
to communicate with each other.
Since September 2006, Show Kids You Care has been working with Clarington Central
Secondary School in providing a breakfast program throughout the school year.
In early 2010, they are holding a public launch of one of their newest breakfast clubs in another
community outside of Clarington and are requesting a letter of support for the program.
As this item of correspondence was tabled to the October 5, 2009 Council meeting, it will be
necessary to lift the correspondence from the table prior to consideration of this report.
A copy of the letter received from Show Kids you Care is attached.
Attachment No.1 to
'09SEP08 Pt~e.f:1~[sLf-019-09
SHOW ~dS YOU CARE AGI:.NDA
Show Kids You Care is a national project of Trinity Global Support Foundation
0,'(>,' 11 r;"iiJon dl'!d:€'1 live h pove:'!,! ~n Clna,ia, ;I:ey are al~d Lr,c!Pi',OUi:st:ed ;'\'c;'y'
Show Kids YotJ Care Itcldj a r'et\vOI~ of br2iikfdST (ILbs and Junc!: progt,ill1S :hroug!'out thi' COUf1:'-Y to f'1'SUI\'
tile-it <ds i:ving Ii-I poverty hdve ,1((fSS ~o ilvtltiou: fcod ill an ':""'i:ro:lmen, tl:]l ')()u~ishes :nell- :)OdieS, !1:i:~d5 ,md S.)d!s
Mayor Jim Abemethy, Town of Bowmanville
4{) Temperance Street
Bowmanville, ON LlC 3A6
RECEiVED
AUG 2 8 2009
August 25, 2009
Dear Mayor Jim Abernethy,
iolUNIC!f'AUTY OF ClARIt;GTON
MAYOR'S OFFICE
As you know, building a sense of community is so important, no matter where you live. It is through the support and care of
others that we begin to create meaningful spaces and connections. In order for children to develop into active and engaged
members of society, fostering this sense of community is especially important
This is why Show Kids YON Care, a project of Trinity Global Support Foundation, is working in Bowmanville. We lead a national
network of over 460 programs feeding hungry kids. For several years we have been providing reliable access to nutritious meals
for children in your community. These programs rely on parents, volunteers, businesses, schools, churches, and other
community-based organizations in Bowmanville in order to continue to provide 210 to hungry children each week.
Sadly, however, there are over 1.1 million children living in poverty in Canada. According to Statistics Canada and the Canadian
Council on Social Development, there are over 360,000 children under the age of 14 living in poverty in Ontario alone. In the
midst of such economic uncertainty we are seeing the number of children who access breakfast clubs, lunch and snack programs
increasing.
As we approach the 2009-2010 school year, it is our goal to increase our network of programs as well as increase the awareness
of child hunger and poverty in Canada. In early 2010 we will be holding a public launch at one of our newest breakfast clubs to .
celebrate our work in communities across Canada. If you would be able to contribute to this launch by providing written or
recorded words of support, we would be truly grateful
In the meantime we are working on developing a national registry and an online communi ., .. ~ s lunch and snack
programs to connect through to share ideas, recipes, volunteer recruitment strategies, nee s, dlHSiIcflt4t!l ~f"c ess.
This will also provide people like you with a more comprehensive understanding of needs ~ thin 50ur comm~
REVIEWED BY ... L:kd. .
We invite you to join us by showing kids you care in any way you s::an! j ORI(,IN.....L ,,).
~U"I~ll :..J COUNCil J li:f
DIRECTION INfORM.IIUN
COpy TO:
o MAYOR
Sincerely,
~r<\~I~
;
i. ~_ .--......'-..//:.'
,Jc4>, ~~,_
I-~ .
.~
'-1 CAO
Jill M'Kinney
Executive Director,
Show Kids You Care
o MEMBERS
OF COUNCil
o COl.lMtJNITY 0 CORPORATE
SER\I1C!S SERVICES
Hon.Joseph Fontana, P.c. 0 ElIG-ER~ o"u
. . - - ~ NICI"",
C.E.O., Tnruty Global Suppor FoWi'Mfliion CURK'S
o PlANNING 0 SOLICITOR
SERVICES
.J EMERGENCY
SERVICES
U OPERATIOIS
o TREASURY
P.S. Hyou would like more info about how we are showing kids we care where you lWt!\T~~QP ~nntact us and we
would be happy to provide you with a list of our program partners. _C1~ ClfRK'S FlU mO Q. <;.i:::.
2243 Queen Street East. 2nd Floor. Toronto. ON. M4E lGl . 1 800 4473458. t 416 287 0385. f 416 287 2372. ir.fo@showkldsyoucare.com
www.showkidsyoucare.com.Trinity Global Support Foundation Charitable Registration Number 851387159RR0001
CI!J!-WglOn
Unfinished Business #2
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, September 28, 2009
Report #:
COD-058-09
File#_
By-law #
Subject:
SENIORS AND PHYSICALLY DISABLED SIDEWALKlWINDROW SNOW
CLEARING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-058-09 be received;
2. THAT Council provide direction with respect to the provision of the senior's and disabled
snow clearing services;
3. THAT, should Council elect to provide the service for the 2009-2010 season by means
of contracted services the Manager of Purchasing be authorized to proceed with a bid
solicitation process for the provision of the senior's and physically disabled sidewalk
snow clearing service for all Clarington areas and report back with the bid results at the
earliest possible date;
4. THAT Council provide direction with respect to the application of and the amount of an
annual fee to be charged for the provision of the service; and
5.
THAT Margaret H. POlman, and other interested parties on record, be advised of
Council's. decision.
S,bmfiled by' eSe, <.M.O., ."""'" by'
Director of Corporate Services
gf~
~
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-4169
REPORT NO.: COD-058-09
PAGE 2
1. BACKGROUND AND COMMENT
1.1 At their meeting held September 21, 2009, Council approved a General Purpose and
Administration Committee resolution that staff investigate options for the senior's snow
clearing program and provide information on the programs of neighbouring municipalities.
(Resolution #GPA-511-09 - attached as Schedule "D").
1.2 This report outlines the options availabie to the Municipality with respect to the Seniors
Snow Clearing program as well as an overview of the programs offered by the
neighbouring municipalities of Oshawa, Whitby, Ajax and Pickering. Based on available
records and informal inquiries staff has also provided estimates of cost, staffing
implications and outlined the timing issues associated with each option.
1.3 Although not a core service, for a number of years the Municipality has provided
sidewalk and windrow snow clearing service using contracted forces to clear the snow
from senior's sidewalks and remove windrows from driveways. The contracts have been
established using the competitive bid process and a review of the files indicates that the
competition for this contract has been limited. For example, in 2006 when the contract
was tendered there was only one bidder that bid all areas. There was a second bidder
for Section 3 only, but the prices were slightly higher. The 2006 contract also included
snow clearing services for municipally owned properties, additionai sidewalks, municipal
facilities, snow clearing from boulevards and trails and pathways as well as the senior
citizens and physically disabled snow clearing. Overall, this contract was significant in
size and was a challenge for any contractor given the number of sites to be serviced and
the geographic coverage.
1.4 In 2009 the snow clearing requirements were divided into two tenders, one for the
municipal properties, sidewalks and boulevards and the second for the senior's sidewalk
snow clearing and bidders were given the option of bidding on one or any combination
of areas being Courtice, Bowmanville and Newcastle and Rural Areas. As noted in
Report COD-051-09, copy attached as Schedule 'A', response to the senior's snow
clearing tender provided one acceptable bid for Courtice and Bowmanville areas only
and it was not practical to accept this bid given that there was no assurance that a
second request for bid would result in submissions covering the Newcastle and Rural
REPORT NO.: COD-058-09
PAGE 3
1.5 Attached for information is a tabulation of services provided by neighbouring
municipalities (See Schedule C)
2. . ANALYSIS
2.1 Essentially, there are three options available to the Municipality that deal with the
senior's snow clearing service. The options are listed below and include a discussion on
each option:
a) Provide the service using contracted forces (past practice);
b) Provide the service using municipal staff and equipment; or
c) Let the current resolution stand.
2.2 Provide the service using contracted forces;
i) In order to provide the services using contracted service, standard practice calls for
formal public bid solicitations to secure the required prices necessary to proceed with
an award. However, as noted in Report COO-051-09 interest in the contract has
been limited. Should Council direct that a new process be undertaken to secure
prices the process is further complicated by the limited time before the onset of
winter. At present many of the contractors have either committed to contracts for the
coming winter or they are in the process. Our requirements are also complicated by
the significant geographic area involved and the low level of need in the rural areas;
approximately 82 locations in Newcastle, 24 in Orono and 43 in the rural hamlets of
Newtonville, Leskard, Hampton, Burkton, Enniskillen, Kirby and Townline Road
whereas Courtice has 223 locations and Bowmanville has 436 (808 in total). Given
the extensive travel required to service these areas contractors are reluctant to
undertake a contract of this nature or if they are interested, their prices will be high to
reflect the travel. With respect to the timing, using the bid process would take
approximately 6 to 8 weeks to draft, issue the bid documents, receive submissions,
conduct evaluations and prepare a report to Committee and Council. Assuming bids
could be obtained to provide services to all.areas an award would likely not be made
until late November.
REPORT NO.: COD-058-09
PAGE 4
ii) To complicate the situation, the Operations Department requires time to distribute
letters to potential customers, obtain responses and determine the actual
requirements for the season. This should not be done until it is certain that service
can be provided.
iii) The unknowns associated with this option are the number of responses that can be
expected from the contractors and, if sufficient bids covering the Municipality
consistently will be obtained to make an award possible.
2.3 Provide the service using municipal staff and equipment.
i) As noted in Schedule 'C', Oshawa, Whitby and Ajax provide the senior's snow
clearing service as part of their annual program and the service is provided by
municipal staff.
ii) These programs have been in place for some years and the three municipalities
have acquired the necessary equipment needed for the service and aligned their
staff to facilitate snow clearance. Regardless, they find it to be a challenge to meet
the criteria established for snow clearance. Oshawa, for example, utilizes 9 pieces
of equipment to clear approximately 2,420 sites and most of their clearance areas
are centralized compared to those in Clarington which are widespread
geographically. In addition, Oshawa utilizes staff from other divisions to supplement
their operations work crews during the winter months.
iii) If Clarington is to consider an in-house operation a significant investment in
equipment and manpower would be required to cover the provision of additional
service. This equipment would also include a means of transporting the snow
removal equipment to the rural areas to keep travel time to a minimum. Staffing is
also an issue as current staff struggle to maintain the existing level of service and
work within the number of hours and limitations allowed by current legislation. Based
on a preliminary review it is estimated that at least five snow clearing units plus
trailers and towing vehicles for transportation would be required. In addition to the
equipment requirements, the staffing needed to operate the equipment would have
to be resolved. It is estimated that ten (10) additional staff would be required to
accommodate the snow clearing needs. And depending on the current work load of
existing supervisory staff, and additional supervisor may be required. Whether the
REPORT NO.: COD-058-09
PAGE 5
proposed staff are full time or temporary would have to be resolved as would the
training and licencing to enable them to operate the equipment as assigned.
Assuming temporary staffing could be used it is estimated that the cost of the staffing
for approximately six months would be in the area of $265,000 plus benefits for
straight time. Overtime for snow storms would add to this cost but an estimate is
difficult to determine at this time. If full time staff were required and an additional
supervisor was required the labour costs would increase significantly.
iv) At the time of report preparation the best type of equipment has not been determined
and as a result, the availability is an unknown. However, using the type of
equipment utilized by other municipalities as an example it is estimated that the five
(5) sidewalk snow removal units would be required at a cost of approximately
$140,000 each and five (5) trailers would cost approximately $10,000 each. The five
(5) pickup trucks required to tow the trailers and also clear windrows are estimated at
approx $40,000 each. In addition, a support unit would be required to provide the salt
and sand needed by the snow clearing equipment. This would be estimated at
$200,000. Total estimated equipment cost for start up for the first year would be in
the area of $1,150,000 plus Retails Sales Tax or $1,242,200. In the event an
additional supervisor is required it may be necessary to add an extra vehicle for
transportation. As noted above the staffing requirements and cost would have to be
finalized. The foregoing outlines the capital cost of the equipment. Once the
equipment is acquired, it would require routine maintenance and repairs. At the time
of report preparation these figures were not available but they are expected within
the week.
v) Should Council consider the in-house option it is recommended that it be explored
for possible implementation no sooner than the 2010-2011 season to allow time for
the budgeting and acquisition of equipment and the resolution of staffing issues. The
2010 budgets for both operating and capital would also need to reflect the equipment
acquisition costs and the staffing costs for snow clearing services. For clarification, it
is not practicable to implement this type of program on short notice as equipment
availability is limited, funding has not been provided and staffing would have to be
resolved. For example a tractor unit takes approximately 8 weeks from date of order
while a single axle truck with sander (support vehiCle) can take up to one year for
delivery.
REPORT NO.: COD-058-09
PAGE 6
2.4 Let the current resolution stand.
i) Based on the July resolution, this option was given consideration and adopted for the
2009-2010 season. If allowed to stand the seniors and the physically disabled will be
required to make their own arrangements for the provision of the service. Their
options will include the following:
a. Make arrangements to have the snow cleared by a friend or family member.
There may be a nominal cost associated with this option.
b. Arrange to have the snow cleared using a private contractor. This option will
have a cost associated with the service.
c. Some of the seniors may qualify for the snow removal services available through
Community Care Durham. There is a cost associated with this option, but will
probably be less than a private contractor. The use of this option is limited to
those who qualify and may be further complicated by the limited resources
available to Community Care Durham.
3. FINANCIAL IMPLICATIONS
3.1 With the exception of Option C, there is a significant cost associated with the provision of
the service as follows:
a) Provide the service using contracted forces to complete the work.
Based on the unit prices provided in the last tender for the seniors snow clearing
service it is estimated that the cost will be in the area of $88,000.00 per season
assuming contractors are prepared to bid on the project. By comparison, the actual
cost of the service during the 2008-2009 winter season was $59,886.13. This does
not include municipal administrative costs associated with contract management.
b) Provide the service using municipal staff and equipment.
As noted in section 2.3 above the estimated cost of equipment necessary to
complete the work is $1,150,000.00 plus staffing. The cost of equipment would be
an initial capital outlay and beyond that there would be on-going maintenance and
repair costs throughout the life of the equipment. In addition, there should be a
contribution to the reserve for the eventual replacement of the equipment as it
reaches the end of its life. This option holds a significant start up cost but once the
initial outlay for equipment is out of the way the annual cost would be relatively
REPORT NO.: COD-058-09
PAGE 7
repair costs throughout the life of the equipment. In addition, there should be a
contribution to the reserve for the eventual replacement of the equipment as it
reaches the end of its life. This option holds a significant start up cost but once the
initial outlay for equipment is out of the way the annual cost would be relatively
consistent depending on frequency of snow fall. Depending on the type of
equipment selected, there is a possibility that some off the equipment could be
equipped for use in the summer months however this would require further review to
determine cost, staffing requirements.
c) Let the current resolution stand.
From the municipalities perspective there is no monetary cost for this option.
3.2 In the past this service has been provided at no direct cost to those who qualify and
register with the municipality. The cost to provide the service has been borne by the
Municipality and paid for from operating accounts. This is similar to most of the area
municipalities with the exception of Ajax who charges an annual fee of $100 to those
receiving the service. Given the number of properties estimated for 2009-2010 at 808, a
$100 charge for the service would recover approximately $80,800.00. Not all of the
costs associated with the work would be recovered but it would lessen the cost to the
Municipality.
4. CONCLUSION
4.1 After review and analysis of the options, it is clear that there are three significant
obstacles to the provision of the service for the 2009-2010 winter season. The first
being the short time available to establish prices and contracts. The second is the
availability of contractors prepared to undertake the work and the third is the cost of
providing the service.
4.2 Should Council elect to provide the service using contracted services for the 2009-2010
winter season it is imperative that work begin immediately in order to have contracts in
place before the winter season arrives.
4.3 Should Council decide that an in-house service is preferred, it is recommended that this
option be considered for the 2010-2011 season or later.
,
,
REPORT NO.: COD-058-09
PAGE 8
4.4 Should Council confirm their decision to defer the service for the 2009-2010 season but
provide the service in 2010-2011, direction is required as to how the service should be
provided in 2010; i.e. contracted or by municipal staff and in so doing direct staff to
prepare the 2010 operating and capital budgets accordingly.
5. PROCEDURAL MATTERS
5.1 On July 13, 2009, Council passed a resolutionwhich cancelled the Senior Snow
Clearing Program for the 2009/2010 season. As this was an action of Council, the
General Purpose and Administration Committee cannot reconsider that decision. Report
COD-058-09 is included on the General Purpose and Administration Committee for the
purpose of generating discussion in light of the resolution Committee passed on
September 14 which was approved by Council on September 21, 2009.
5.2 Following the discussion on the matter, should it be Council's wish to reconsider the
earlier decision of Council to cancel the program, it would be appropriate to table Report
COD-058-09 to the Council meeting of October 5, 2009. The report would be included
on the Council agenda under the heading "Unfinished Business". It will be necessary for
a Notice of Motion to be provided to the Municipal Clerk for inclusion on that agenda that
will allow for the reconsideration of Resolution #C-452-09. Should the reconsideration
motion carry by the required 2/3 vote (i.e., 5 members), the item is back up for
discussion and can be defeated at that point. That would then pave the way for the
tabled report to be considered under Unfinished Business.
6. INPUT FROM OTHER SOURCES
6.1 This report has been reviewed for recommendation by the Purchasing Manager with the
appropriate departments and circulated as follows.
Concurrence: Operations Co-Ordinator
Information: Director of FinancelTreasurer
Attachments:
Schedule "A", Report COD-051-09
Schedule "B", Council Resolution # C-452-09
Schedule "c". Neiglrbouring Municipalities Survey
Schedule "D". General Purpose and Administration Resolution #GPA-511-06
(~~1!ilJglon
SCHEDULE "A"
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: COUNCIL
R.tn #" C -'-15 Q. -OJ
Date:
July 13, 2009
Report #: COD-051-09
File#_
By-law #
Subject:
Senior Snow Clearing Tender - Deferral of Service 2009-2010 Season
Recommendations:
It is respectfully recommended that Council approve the following:
1. THAT Report COD-051-09 be received;
2. THAT Council provide direction on the following options:
A) THAT based on the potential for incomplete service for the Senior Snow Clearing
Program due to tender bids for part of the municipality only, Council consider
deferral of the program for the winter 2009-2010 season;
THAT BJ. Flint, be advised that the tender for the 2009/2010 Senior Snow
Clearing Program is cancelled; and
THAT in light of the current economic climate resulting in budgetary restraints
the 2010 budget deliberations considers the future of this non-core service
provision for the 2010(2011 winter season.
OR:
B) THAT a re-tender for Section 3 Newcastle and surrounding area (including
Newtonville, Tyrone, Kendai, Hampton etc.) be issued with the additional
provisions made to secure the prices for section 1 & 2 as described in the report;
and
3. THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow
Removal program and other service programs, is rejected on the basis of unacceptable
past service, until such time as there is proof that their service meets acceptable
Municipal standards;
SCHEDULE "Au
..-:>
REPORT NO.: COD-OS1-09
PAGE 2
Submitted by:
~
Marie Marano, H.B.Sc., eM.O.,
Director of Corporate Services
Reviewed by:
cJ~~
Franklin Wu,
Chief Administrative Officer
MM\gj
CORPORATION OF THE MUNICIPAUTY OF CLARINGTON
40 TEMPERANCE STREff, BOWMANVILLE, ONTARIO L1C 3AG T (905)623-3379 F (905)623-4169
SCHEDULE "Au
REPORT NO.: COD-051-09
PAGE 3
BACKGROUND
1.0 Tender - Senior Snow Clearing Program - 2009/2010 Winter
The tender for the Senior Snow Clearing Program for windrows and sidewalks
three year program covering 2009 to 2011 has just been received and reviewed.
The tender was set to allow bidding on a three year term based on satisfactory
service and pricing and It allowed bidding on all or part of the municipality so
that the award could be made to one or multiple vendors. The Municipality was
divided into three sections: Section 1 Courtice, Section 2 Bowmanville, and
Section 3 Newcastle & Surrounding Areas. The total tender value is
approximately $87,000 annually and it Includes snow clearing for approximately
715 locations.
The low bidder, D & F Snow Removal, bid on each of the three sections. This
vendor's contract for by-law snow clearing was terminated through report COD-
23-09 due unsatisfactory service level. It is therefore notrecommended for
award of this contract. Although bid rejection for unsatisfactory past
performance is permITted by the Purchasing By-law, it requested that Council
confirm the rejection of the D & F bid.
The second low bidder BJ.Flint, submitted a bid only on Section 1 Courtice, and
Section 2 Bowmanville. The bid prices are secure for a period of 90 days from
the tender opening on June 3D, 2009. Although the senior snow/sidewalk
clearing program Is not a core municipal responsibility, awarding the contract for
only part of the Municipality would not be recommended as it is inconsistent with
the normal practice for delivery of services.
The third bid was rejected as a non-compliant bid as It was submitted without
accompanying bid deposit. The prices On the non-compliant bid were
significantly higher than either of the other two bids.
2.0 The Options
The options at this point are as follows:
a) Re-tender for Section 3 Newcastle and surrounding area (including
Newtonville, Tyrone, Kendal, Hampton etc.). It is not expected that
BJ. Flint would bid on this tender since they chose not to bid On the
first tender, The situation is complicated by the necessity to not award
the Courtice & Bowmanville quotes in case there were no bids received
on the second tender, and we would be bound by contract for service
to only part of the Municipality. In addition by going out for the
second tender, in order to hold the existing bid for Section 1 & 2, it
would require asking B.J. Flint to hold their prices for another 60 to 90
.
SCHEDULE "A"
REPORT NO.: COD-051-09
PAGE 4
days to allow possible bids for section 3 to be considered at the same
time, and either award all three sections, or cancel at that time if there
are no bids received. If no bids are received, and BJ. Flint has in
good faith held their prices firm, cancellation at that late date could
have prevented BJ. Flint to have secured other job opportunities.
The tender is for a three year term and as such award would commit
the service for the next three winters, to the 2011/2012 season.
b) The potential budget impact resulting from the current economic
climate may require adjustment to service levels, possibly even
extending to certain employment impact. In view of the service being
over and above the core service levels, and the lack of comprehensive
response to the open and transparent bidding opportunity, it may be
appropriate to consider deferral of the program until the service can be
deliberated in the 2010 budget discussions.
3.0 Conclusion
Council is requested to provide direction on option a) or b) as outlined above.
SCHEDULE "BI/
Council Meeting Minutes
- 34-
July 13, 2009
Resolution #C-452-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report COD-051-09 be received;
THAT based on the potential for incomplete service for the Senior Snow Clearing
Program due to tender bids for part of the municipality only, Council consider deferral
of the program for the winter 2009-2010 season;
THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing
Program is cancelled;
THAT in light of the current economic climate resulting in budgetary restraints the
2010 budget deliberations consider the future of this non-core service provision for the
2010/2011 winter season; and
THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow
Removal program and other service programs, is rejected on the basis of
unacceptable past service, until such time as there is proof that their service meets
acceptable Municipal standards.
"MOTION CARRIED"
(See following motion)
Resolution #C-453-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-051-09 be tabled until after the Special Council meeting scheduled
for August 31, 2009.
"MOTION LOST"
The foregoing Resolution #C-452-09 was then put to a vote and CARRIED.
Resolution #C-454-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report FND-018-09 be received; and
THAT the 2008 Draft Audited Financial Statements be approved.
"CARRIED"
SU RVEY
SENIORS SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING
Mun. of C1arlngton
YES 2008-2009
City of Oshawa
YES
~ of Ajax
YES
Town of Whitby
YES
~f Pickering
YES
11 Do you currently provide a
sidewalk snow clearing and
driveway windrow removal
service for seniors?
Approximately 808.
n 2008/09 we had
approximately 2,420
ocations.
Approximately 250
2008 - 667 senior
residents signed up for
the pro9ram. (November
of each year)
300
2 If yes, what is the number of
properties you deal with
annually?
n excess of 13700
N/A - we currently do
not track this
nformatjon
N/A
Estimated total of 7,650
meters (based on 450
Unkown - Any
sidewalk fronting
senior properties with a
sidewalk at approx. 17m
of
/
adjacent to property
31What is the total linea
meters of sidewalk cleared?
sidewalk/property) Actua
unknown at this time.
808
Approximately 2,420.
250
667
300
41What is the number of
driveway windrows cleared
YES
Work is completed in-
house
Work performed in house. In house, we tried to
A blanket is issued to a contract out in 08/09
contractor for emergency and received no bids
(extra help) if required.
Extra help has not been
utilized to date.
Contract out
51 Do you contract this work
I tender process or
:he work in-
out using c
do you do 1
house? If contracted out
do
you get a good response on
your bid solicitation?
In
()
::J:
m
o
C
,....
m
ri
administration and
vehicle replacement cost
H:\2009 TENDERS\Snow Clearing\SENIORS SNOW SURVEY
n 2009
approximately $87,000
(does not include
administration and
vehicle replacement
cost)
We budget
We budget in 2009
approximately $112,000
(does not include
24,000
Page 1
2007 - $35,673 (actual)
2008 - $64,933 (actual)
2009 - Estimated $28,170
already spend $18,706 to
date. Fluctuations based
on snowfalls 1
accumulations.
2009/2010 Budget
estimate $75,000 Net
GST
61What is the estimated annua
cost for the service?
SURVEY
~. of Clarington
NO
City of Oshawa
We utilize staff from
various branches within
SENIORS SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING
Community Services
Department. (Very
challenging)
n 2008/09 winter season loperations determines-
the minimum depth as this is on a call out
basis
required before
deployment was 2.Scm
for sidewalks and 20cm
for windrows.
Town of Ajax
One full time
"'......nl.....\lO... is
Ie to co-
Ind part-
to complete
lOW and
'nce road
s has
ed
.....,..-'....,_....
Town of Whitby
Utilize same staff who do
sidewalk municipal snow
clearing; only after all
other sidewalks are
completed yet within 36
hour after snowfall ends.
~f Pickering
N/A
f this work is done in house
how do you accommodate
requirements?
7
the staffing
Class 1 sidewalks are
downtown sidewalks and
school crossings after 5
cm of snow
2" after city
plows have cleared
roads
nches)
81What are the standards for
call-out?
accumulation. Class II
sidewalks - snow clearing
commences after 8 cm
has accumulated. Senior
program sidewalk are
completed after
completion of Class
12 hours
t is planned to be
completed by midnight
the day after the snowfa
ends.
Approximately 12 hrs
II
All senior program
sidewalks within snow
accumulation criteria, are
to be completed within 36
hours after snowfall ends.
9 How much time do you allow I Up to 72 hours
for the completion after call-
out?
Reports by Contractor
for staff follow up
(Very challenging)
N/A
see 4
N/A
Check sheet to
forperson
10 If this service is contracted
do you have a method to
verify work completed and
what is it?
VI
n
:::I:
m
o
C
,....
m
ri
.
NO
H:\2009 TENDERS\Snow Clearing\SENIORS SNOW SURVEY
-
NO
100.00 approved by
Council with our
annual
fee By-law
Page 2
NO
NO
111 Do you charge the seniors
any fee for the service?
SCHEDULE "0"
General Purpose and Administration Committee
Minutes
September 14, 2009
TENDER CL2009-40, SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL
PROPERTY, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING
AREAS
Resolution #GPA-511-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT ReportCOD-053-09 be received;
THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid
price of $56,979.60 (excluding G.ST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2009-40, be awarded the contract for the
Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots for
Newcastle & Surrounding Areas;
THAT pending satisfactory pricing and service the contract be extended for a second
and third year; and
THAT the funds expended be drawn from the Operations, Emergency Services,
Community Services and Clerks Department(s), 2009 Operating Budget(s).
CARRIED
SENIOR SNOW CLEARING OPTIONS
Resolution #GPA-512-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT staff be requested to investigate options for a senior snow clearing program
including programs in neighbouring municipalities.
CARRIED
FINANCE DEPARTMENT
REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JUNE 2009
Resolution #GPA-513-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report FND-019-09 be received for information.
CARRIED
- 13 -
SUMMARY OF BY.LAWs
October 5, 2009
BY-LAWS
2009-131 Being a By-law to approve and authorize the execution of a note
amending agreement made as of the 31 st day of October, 2009 in
respect of second amended and restated promissory notes dated
October 1, 2006 issued by Veridian Corporation and Veridian
Connections Inc. in favour of The Corporation of the Town of
Ajax, The Corporation of the City of Belleville, The Corporation of
the Municipality of Clarington and The Corporation of the City of
Pickering, and to approve the issue of third amended and restated
promissory notes dated as of the 31 st day of October, 2009
(Correspondence Item D - 5)
2009-132 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Barr's Development Ltd.) (Approved by Council
July 14, 2008)
2009-133 Being a By-law to declare the lands more particularly described
as portions of Lots 57, 58, 59, 60, 61,62,63,64,65,66,67,85,
86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-
95028 as set out on Schedules 1, 2 and 3 to be surplus (Item 6 of
Report #1)
2009-134 Being a By-law to authorize the Sale and Transfer to 708545
Ontario Limited (Geranium Corporation) the adjacent property
owner of portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
67, 85, 86 and 118 and Blocks 190, 191' ,and 192 on Draft Plan
18T-95028 as set out on Schedules 1, 2 and 3 (Item 6 of
Report #1 )
2009-135 Being a By-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington (Item 7 of Report
#1)
2009-136 Being a By-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
(Item 7 of Report #1)
2009-137 Being a By-law to establish certain lands as public highway,
assume them for public use and name them (Item 7 of Report #1 )
2009-138 Being a by-law to amend By-law 2007-038 to appoint Members to
the Samuel Wilmot Nature Area (Pat Mulcahy) (Item 9 of Report
#1)
Summary of By-laws
- 2 -
October 5, 2009
2009-139 Being a by-law to appoint Members to the Clarington Living Green
Community Advisory Committee (Cathrine McKeever) (Item 9 of
Report #1)
2009-140 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving Inc., Oshawa,
Ontario to enter into agreement for Concession Roads 7 & 8
Rehabilitation (Item 13 of Report #1 )
2009-141 Being a By-laW to authorize a contract between the Corporation of
the Municipality of Clarington and Ambler & Co. Ltd., Mississauga,
Ontario to enter into agreement for Solina Road Drainage
Improvements. (Staff Report #1)
2009-142 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving Inc., Oshawa,
Ontario to enter into agreement for Concession Road 6
Rehabilitation (Staff Report #2)
HANDOUTS/CIRCULA TIONS
COUNCIL
. q![-ilJgton
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abernethy and Members of Council
From:
Patti L. Barrie; Municipal Clerk
Date:
October 1 , 2009
Subject:
COUNCIL AGENDA - OCTOBER 5, 2009
Attached please find Staff Report #1 - Report COD-059-09 - Tender CL2009-37 - Solina
Road Drainage Improvements as listed the October 5th Council Agenda.
~
p~
Municipal Clerk
PLB:cf
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
(~oc-!l!-gron
Staff Report # 1
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
COUNCIL
Date:
Monday, October 5, 2009
Report #: COD-059-09
Fiie#_
By-law #
Subject:
TENDER CL2009-37, sOLlNA ROAD DRAINAGE IMPROVEMENTS
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-059-09 be received;
2. THAT Ambler & Co. Inc., Mississauga, Ontario, with a total revised bid in the
amount of $136,145.00 (plus G.S.T.), being the lowest responsible bidder meeting
all terms, conditions and specifications of Tender CL2009-37, be awarded the
contract for the Solina Road Drainage Improvements, as required by the
Engineering Department;
3. That Part B (Ditching -"Farmers Field) of the above contract be deferred pending
satisfactory negotiations with the property owner;
4. THAT funds required in the amount of $153,000.00 (which includes $136,145.00
tendering, design contract administration and contingencies) be drawn from
Account #110-32-330-83352-7401;
5. That the additional funds in the amount of $53,000.00 required to complete the
project be transferred from the unspent funds from 2008 Capital for the Beech
Avenue Reconstruction;
6. That staff be authorized to proceed with Part B of the contract pending
successful negotiations with the property owner; and
REPORT NO.: COD-059-09
PAGE 2
.
7. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the
Clerk to execute the necessary agreement be approved.
Submitted by:
Reviewed by:
~6Jv
rie Marano, H.B.Sc., C.M.O.,
Director ,9f Corporate Servic)lS
,.. ,/
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
REPORT NO.: COD.059-09
PAGE 3
1. BACKGROUND AND COMMENT
1.1 Tender specifications were provided by AECOM Canada Ltd. for the Solin a Road
Drainage Improvements, as required by the Engineering Department.
1.2 Tenders were advertised in the Daily Commercial News as well as electronically.
Subsequently, tenders were received and tabulated as per the letter from
AECOM Canada Ltd., Schedule "B" attached.
2. ANALYSIS
2.1 Based on bids submitted, the project cost inclusive of additional work outlined in
Schedule B attached, is $53,000.00 in excess of the budget amount. This
amount includes Part B of the tender which covers ditching work on farm land
adjacent to Solina Road. At this point in the process, it is proposed that Part B of
the project, with a value of $17,373.00, be deferred until such time as the
negotiations with the property owner are completed. This will decrease the initial
contract award to $118,772.00 and provide an overall project cost of
$135,000.00. In anticipating the successful negotiations with the property owner,
the contractor will be requested to extend acceptance of Part B beyond the 90
days stipulated in the contract and as noted above the final cost of the tender
and the project will be $136,145.00 and $153,000.00 respectively.
2.2 Included in the consideration of the reduction the prices for Part B of all bidders
were taken into account as follows:
Bidder(s) Bid Amount Bid Amount
(Part B. Deferredl
Ambler & Co. Inc. $136,145.00 $118,772.00
Mississauga, ON
Ron Robinson Limited $165,769.90 $138,858.15
Bowmanville, ON
Don Cordingly Gradall Ltd. $248,957.48 $165,195.98
Uxbridge, ON
REPORT NO.: COD-059-09
PAGE 4
3. FINANCIAL
3.1 The total project cost, including tender price of $136,145.00, design, contract
administration and contingencies amounts to $153,000.00. The funding required
for the project is outlined in the memo from Engineering Services and the letter
from AECOM Canada Ltd. marked Schedule "B".
3.2 Funding for this project of $153,000.00 will be drawn from the Solina Road
Drainage Improvements Account #110-32-330-83352-7401 including the
additional funds of $53,000.00 which are the unspent funds from the 2008
Capital project for Beech Avenue Reconstruction.
3.3 After further review and analysis of the bids by Engineering Department, AECOM
Canada Ltd. and Purchasing, it was mutually agreed that the low bidder, Ambler
& Co. Ltd. Mississauga, Ontario be recommended for the contract for the Solina
Road Drainage Improvements. Although the low bidder has not performed work
for the Municipality to date a review of their references, Region of York, Reinders
Construction Ltd., and North America Construction confirms that Ambler & Co.
Ltd. has completed work to their satisfaction.
4. INPUT FROM OTHER SOURCES
4.1 The Director of Finance has reviewed the funding requirements and concurs with
the recommendation. Queries with respect to department needs, specification,
etc., should be referred to the Director of Engineering.
4.2 This report has been reviewed for recommendation by the Purchasing Manager,
with the appropriate department and circulated as follows:
Concurrence:
Director of Engineering
Attachments:
Attachment 1 - Schedule "A", By-law
Attachment 2 _ Schedule "8", Memo from Engineering Services and Letter from AECOM Canada Ltd.
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ambler & Co.
Ltd., Mississauga, Ontario to enter into agreement for Solina
Road Drainage Improvements.
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, Ambler & Co. Inc., Mississauga, Ontario, and said Corporation;
and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2009.
By-law read a third time and finally passed this
day of
,2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Schedule "B"
q!J!mglOn
MEMO
TO:
FROM:
DATE:
Jerry Barber, Purchasing Manager
Tony Cannella, CET., Director of Engineering
September 29,2009
SUBJECT: solina Road Drainage Improvements
CL2009-37, Account #110-32-330-83352-7401
The Engineering Services Department has reviewed the recommendation
provided by AECOM Canada Ltd. ("AECOM") and offers the following comments.
In spring and summer of 2008 the Municipality experienced a high number of
intense rain storms in a relatively short period of time resulting in damage to
numerous driveways and the west shoulder of Solina Road from roughly the
north limit of the West Lake Estates Subdivisi.on to just north of Odium Street. In
addition, with the steep slope of Solina Road north of Dorset Street and the soil
type, the west ditch invert at this location is continually eroding away causing the
shoulder to also be eroded creating an unsafe roadside environment as well as
causing an ongoing deposit of sediment south of Dorset Street. In order to
address these concerns the Engineering Services Department budgeted
$100,000.00 in 2009 toward improvement of the ditching. The tendered works
will address the Solina Road ditch concerns and address the long tenn
sedimentation that has been deposited along the Solina Road ditch.
As part of the design process a Public Information Centre was held on July 16,
2009 at the Solina Community Centre in which the proposed improvements were
presented to the public. At this meeting concerns were raised by residents of the
West Lake Estates Subdivision regarding the amount of water that was flowing
through their yards and subdivision ditches during larger stonn events in addition
to the ongoing maintenance of the ditches within the subdivision. As a result of
the input received and assessment of this input, works were added to the scope
of the tender to address concerns raised and ongoing maintenance issues
internal to the subdivision which has been assumed by the Municipality. These
added works include:
Part B - Construction of a storm water runoff interceptor ditch proposed in
the fann field just north of the West Lake Estates Subdivision which spans
2 Schedule "8" Sept. 29, 2009
.
,
2 properties before outletting to the Solina Road ditch. This work was
designed to address the concern of excess overland flows entering the
subdivision.
Part C - Removal of sediment from ditch inverts, flushing of road cross
culverts and provision of erosion protection at culvert ends and areas of
existing erosion within the West Lake Estates Subdivision.
The addition of these works to the tender aCCOUnt for the budget shortfall as
these works were not considered as part of the original project costs. As noted in
the attached AECOM letter, negotiations with the land owners who's property the
interceptor ditch is proposed on are ongoing it is recommended that the award of
Part B be differed until such time that negotiations can be finalized. We will
request that the Contractor extend acceptance of Part B beyond the 90 days
stipulated in the contract to facilitate the future award of the works to Ambler and
Company. It is also requested that staff be granted authority to award Part B
upon resolution of negotiations with the impacted landowners north of the West
Lake Estates Subdivision.
We concur with the recommendation to award the contract to Ambler and Co.
, Inc. in the amount of $118,772.00 exclusive of G.S.T. for the ditch improvements
on Solina Road and ditch maintenance internal to the subdivision.
, Due to the limited scope and complexity of this project, a contingency amount of
approximately 5% is carried forward. Therefore, including contract administration
and tender fees, the Engineering Department advises the following breakdown
for the above referenced project:
, Project Breakdown
Total Project Value $153,000.00
,
, Budget Amount $100,000.00
Solina Road Drainage
Improvements (2009)
110-32-330-83352-7401
, Estimated Budget Shortfall -$53,000.00
Additional Funding Required $53,000.00
.
We recommend the report direct to Council move forward based On the above
i apportionments with the additional funding of $53,000.00 being provided from the
unspent funds from the 2008 Capital Beech Avenue Reconstruction project.
I
,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
1,
3
Schedule "B"
Sept. 29, 2009
Attached for your files is the recommendation provided by AECOM which
includes a more detailed breakdown of estimated project costs. Should you have
any further question, please feel free to contact the undersigned.
Regards,
4<<~
A. S. Cannella, CET.
Director Engineering Services
ASC:jb
Attachment
cc William McCrae, P. Eng., AECOM
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
j
I
Schedule "8"
AECOM
AECOM
513 Division Street. Cobourg. ON, Canada K9A 5G6
T 905.372.2121 F 905.372.3621 www.aecom.com
September 28, 2009
Project Number: 12-29677-15
Mr. A. S. Cannella, C.E.T.
Director, Engineering Services
The Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L 1C 3A6
Dear Sir:
Re: Solina Road and West Lake Estates Drainage Improvements, Solina
Contract No. CL2009-37 (the "Contract"), Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Friday, September 25,2009 at
2:00 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST.
BIDDER
TOTAL BID
Ambler & Co. Inc., MISSISSAUGA, Ontario
$136,145.00
Ron Robinson Ltd., BOWMANVILLE, Ontario
$165,769.90
Don Cordingley Gradall Rental Ltd., UXBRIDGE, Ontario
$248,957.38 .
. Improper Bid - Insufficient Bid Deposit
. ,
The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all
bids to confirm compliance with the Clarington Purchasing By-Law and all bids were deemed
compliant except for the one submitted by Don Cording ley as noted above. AECOM Canada Ltd.
("AECOM") has reviewed all bids and confirmed the bid values noted above. Ambler & Co. Inc. is the
lowest bidder. Its submitted tender has been reviewed and is compliant
As requested by the Purchasing Department, references were checked only for the lowest bidder.
Ambler & Co. Inc. has completed a number of similar scope projects including work for the Region of
York, Maple Reinders Construction Ltd. and North America Construction. Staff contacted at the
above references stated that Ambler & Co. Inc. has completed the work to specification and to their
satisfaction.
Estimated costs for various project components, based on Ambler & Co. Inc.'s bid are summarized as
follows:
i
:!
iC .OOC,"llents M<l $ettings~b01'.L:)".1 Seu,ngslTenlporary Internel Files".cQl1lenLOutlool<\YM62E1NP',cL20W_J7 Tender A",.rd Lellerrevl5ed 2 (Signed).doc)
page 2
Mr. AS. Cannella. C.E.T
September 28, 2009
Sched ule "B"
Construction Contract CL2009-37
Part A - Solina Road Ditching
Part B - Ditching - "Farmer's Field"
Part C - Ditching - Internal to Subdivision
Estimated Contract Administration
$87,284.00
$17,373.00
$31.488.00
$10,000.00
Sub-total
Contingencies
$146,145.00
$6,855.00
Total:
$153.000.00
With the low bid from Ambler & Co. Inc. and other associated project costs noted above, the project is
over the allocated budget. As such and considering negotiations with the landowners north of the
West Lake Estates Subdivision are still ongoing, it is recommended that Part B of the Tender not be
awarded at this time and be deleted from the contract resulting in a revised bid amount of
$118,772.00 and a total project cost of $135,000.00 Based on this modification and the input
provided by the references contacted regarding performance on previous projects, in our opinion, the
bid in the amount of $118,772.00 (eXClusive of GST) may be awarded to Ambler & Co. Inc. of
Mississauga, Ontario subject to all provisions of the Clarington Purchasing Bylaw being met and
available financing. The deletion of Part B does not change the ranking of the bids submitted.
Bid Cheques or Bid Bonds shall be retained for Ambler & Co. Inc. and Ron Robinson Ltd., the second
low bidder, until the Contract has been executed.
Should you have any questions regarding this matter, please contact the undersigned.
Sincerely,
AECOM Canada Ltd.
~j&J(
Ron Albright, PEng.
Project Manager, Community Infrastructure
ron.albright@aecom.com
RA:ym
AECOM
(C:\DO~LlmenIS and Sellings'~bOl',L<>cal sel1iogslTempolllry Internel FileslConlenI.OuUookIYM62E1NPICL2009.j7 Tender Award Leller revised 2 (Signed).doc)
C:~m:mglOn
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abernethy and Members of Council
From:
Patti L. Barrie, Municipal Clerk
Date:
October 2,2009
Subject:
COUNCIL AGENDA - OCTOBER 5, 2009
Please be advised of the following regarding Monday's meeting:
PRESENTATIONS
Further detaiis:
(b)
(d)
The subject of the Veridian Presentation is the Annual Report.
Regina Elliott, Public Health Nursing and Nutrition Program Manager, Region
of Durham will conduct the Presentation.
DELEGATIONS
See final list of Delegations attached.
CORRESPONDENCE FOR DIRECTION
D - 9 Don Cooper, President, Poppy Chairman, Royal Canadian Legion
Branch 178, regarding the following matters:
a) advising the Legion has been approached with a proposal to
use their property to build a new Legion with up to 30 units
above for seniors and disabled persons, under the Canada-
Ontario Affordable Housing Program; requesting comments on
the project and on how the municipality would be able to help
the Legion financially; and,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO
CLERK'S DEPARTMENT MEMO
b) requesting Council to exempt the fees that the Legion will now
have to pay for special event services under Resolution
C-471-09 for the Remembrance Day Parades as Veterans feel
this is an unjust fee and that they are upset that the
Municipality wants to charge the Legion for remembering the
men and women who fought and died for Canada's freedom;
and, requesting exemption for the Road Occupancy Costs for
the Newtonvilie, Orono, Newcastle and Bowmanvilie
Remembrance Day Parades.
(Motion for Direction)
JJ~~
UO'\--- Patti L. Bar' ,CMO
V. Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
PAGE 2
PAGE 2
FINAL LIST OF DELEGATIONS
October 5, 2009
a) Richard Ward - Report CLD-017 -09 - Compliance Audit-
John Mutton 2006 Election Campaign (Item 8 of Report #1)
OPG New Nuclear at Darlington Environmental Assessment
Laurie Swami, Director Licensing and Environment
Darlington New Nuclear Project
New Nuclear at Darlington
Overview of OPG's Submissions
Environmental Impact Statement
Licence to Prepare Site Application
Presentation to the Municipality of Clarington
October 5, 2009
1 Con~n~
· The Project
· Federal Approvals
· Environmental Impact Statement
· Updated Application for Licence
to Prepare Site
· Relationship with the
Municipality of Clarington
· Canadian Nuclear Safety
Commission Schedule
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"OPG'.COH - :.-' "'.. .:';,. <.'~ ':., e .;~. "..-.': < . '-.,.. :'.... ""'.: '.-'OPG NEW NUCLEAR AT DARLINGTON "
.. . ~''''_ F' - ~ f '" . - -' . _, ' . ..- '. ' ' -
ONTARIOPOWEiI
. GENERATION
2 The Project
The "Project" defined as:
· Preparation of the Darlington Nuclear Site for
up to four nuclear power reactors and up to
4,800 MW of electrical capacity, and
associated facilities
· Construction, operation and maintenance of
nuclear reactors and associated facilities for
approximately 60 years of full power electricity
operation
· Construction, operation and maintenance of
appropriate nuclear waste management
facilities
· Preliminary planning for decommissioning and
eventual abandonment of the nuclear reactors
and associated facilities
Project DescriptlOfl for the
Site Preparation. Construction and
Operation of the Darlington B
Nuclear Generating Station
Environmental Assessment
........ II>
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OPG.COH OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPOiiiiEiI
GENERATION
3 Federal Approvals - OPG Submissions
· June 2006:
· OPG was directed by the Provincial Minister of Energy to begin a
federals approvals process, including an environmental assessment,
for new nuclear units at an existing site
· September 2006:
· OPG submitted Application for Approval to Prepare a Site for the
Future Construction of a Nuclear Power Generating Facility to the
Canadian Nuclear Safety Commission (CNSC)
· April 2007:
· OPG submitted a Project Description to the CNSC
· September 30, 2009, OPG achieves major milestone as part of the
federal approvals process, submits
· Environmental Impact Statement
· Updated Application for Licence to Prepare Site
· other early federal approvals
OPG.COH OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPOViEiI
GENERATION
4 Environmentaffmpact Statement (EfS)
· EIS (approximately 1,000 pages)
· Examine effects from 4 new units/4800 MW at the Darlington site
· Based on a multiple technology approach
· Mitigation and follow-up and monitoring activities for any potential effects
· Significance of residual adverse effects, after mitigation
· 28 Technical Support Documents (approximately 9,000 pages)
· Prepared by experts in each area (biophysical, social, health, etc.)
. .
· Describes the existing, baseline environment and potential effects
· Also examine other likely effects (of the environment on the project,
cumulative effects, accidents and malfunctions)
· Thorough, comprehensive assessment
· Team of over twenty technical experts
· All work subject to review prior to being finalized (internal experts, external
peers, municipal peer reviews)
· Grounded in community perspectives, views and values
OPG.COM OPG NEW NUCLEAR AT DARLINGTON
ONTARIOFOiiiEiI
GENERATION
5 Environmental Impact Statement Conclusions
The New Nuclear at Darlington Project will not result in any significant adverse
environmental effects, taking into account proposed design and mitigation
measures
· Environmental effects from New Nuclear at Darlington are understood
and negative effects can be effectively mitigated:
· Negative effects primarily during site preparation and construction
phase of the Project
· Primarily within 3 km of the site and are relatively minor
. .
· Specific commitments to manage, mitigate and monitor potential
negative effects
· Positive effects are widespread and accrue throughout life of the
Project
· Host community is receptive to project, community-at-Iarge ready for
project start
· Aboriginal engagement to date indicates no potential effects on
Aboriginal rights or interests
OPG.COH OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPOiiiEiI
GENERATION
m
~RiF~roo~~~~1
· Updated Application for Licence to Prepare the Site (L TPS)
· To allow site preparation activities for up to 4 units at the existing
Darlington site
· Only those activities required to prepare site for the reactor buildings and
other related structures, and future operation
· Includes description of programs to manage site preparation activities
· Extensive studies to address CNSC regulatory requirements, including site
evaluation
· Six Support Documents - Management System, Nuclear Safety
Considerations, Emergency Preparedness, Exclusion Zone
Determination, Use of Plant Parameter Envelope and Preliminary
Decommissioning Plan
· All work completed under appropriate quality assurance, including use of
independent, qualified engineering contractors for technical studies
OPG.COH OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPOiiiEiI
GENERATION
7 Application for Licence to Prepare Site Conclusions
· Work reflected in L TPS Application and referenced documents
demonstrate:
· The site is appropriate for a nuclear. power plant;
· CNSC regulatory requirements are satisfied;
· OPG is qualified to carry out the activity; and
· OPG will make adequate provision for the protection of the environment,
health and safety of persons, and the maintenance of national security and
measures' required to implement international obligatio"ns to which Ca'nada
has agreed
· Two Federal applications for water-related activities (e.g. lake infilling,
wharf construction) filed at the same time as EIS:
· Department of Fisheries and Oceans (Fisheries Act)
· Transport Canada (Navigable Waters Protection Act)
OPG.COH OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPGiiiEiI
GENERATION
8 Relationship with the Municipality of Clarington
OPG sought to ensure that the views and perspectives of Clarington and its residents were
considered in the EA through multiple activities, for example:
· Independent municipal peer review of the Environmental Impact Statement and
Technical Support Documents;'
· Host Municipality Agreement between OPG and the Municipality of Clarington;
· Kitchen Table Meetings with 18 Darlington Nuclear site neighbours;
· Over 65 Stakeholder Interviews with key businesses, organizations in Clarington
· Five rounds of Community Information Sessions (Bowmanville, Courtice, Orono,
Newcastle)
· Nine direct mailings to over 30,000 households and businesses in Clarington
· Over 1800 visitors to OPG's Community resource centre (Kiosk) at the Bowmanville
Mall
· Ongoing work through Darlington Planning and Infrastructure Information Sharing
committee re: planned projects in South Clarington
· Regular updates (letters and briefings) to Clarington Council
All of OPG's materials have been posted to our public website
OPG.COH OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPOiiiEiI
GENERATION
I m
~~~
Step Target Completion Dates
OPG Submission of EIS and L TPS Application, September 30 2009
Submission of DFO and TC Applications
JRP determines whether to proceed with public 14 days
review
Six Month Public and Technical Review October to
EIS and L TPS Application April/May 2010
Additional Information Request Response Time (not included in schedule)
Hearing Notice May 2010
Hearing August/September 2010
J RP Report December 2010
Federal Government Response to JRP Report February 2011
L TPS Issued April 2011
DFO, TC Approvals 90 Days Post-EA Approval
(*Contingent upon proponent's
submission of required information)
OPG.COI1 OPG NEW NUCLEAR AT DARLINGTON
ONTARIOPOWEiI
GENERATION
Questions?
www.opg.com/newbuild
ONTARIOP6WEiI
GENERATION
1-866-487 -6006
,,-
HEALTH
DEPARTMENT
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