HomeMy WebLinkAboutWD-67-97 Addendum~- ~ " REPORT #8
'~ ; ~'' ~ • THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting: COUNCIL File # t^~ ~~'"
Date: OCTOBER 27, 1997 Res.#~ /- i7
By-Law #
Report #: ~.. File #:
Subject: ADDENDUM TO REPORT WD-67-97 - PROPOSED TRANSFER STATION AND
OPERATING AGREEMENT
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report WD-67-97 be received;
2. THAT a by-law be passed authorizing the Mayor and Clerk to
execute the purchase and sale with Ontario Realty Corporation
of the land and premises described as follows:
Part of Lot 1, Broken Front Concession, in the
Municipality of Clarington, (formerly Township of
Darlington), in the Regional Municipality of Durham,
consisting of approximately 13.097 acres and being more
particulary described in Attachment No. 2 to Report
WD-67-97, Agreement of Purchase and Sale;
3. THAT by-laws be passed to authorize the Mayor and Clerk to
execute an operating agreement, lease and amendment to the
Collection Agreement with Canadian Waste, giving effect to the
intent of this report, following a completion of the purchase
from Ontario Realty Corporation; and
4. THAT if an Official Plan amendment and a re-zoning are deemed
necessary by the Director of Planning, that Staff be
authorized to initiate site specific amendments to the
Official Plan and the Zoning By-law to permit the acceptance
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REPORT NO.: BPD-67-97 PACE 2
of nar--Clarington sourced residential and Industrial/
Commercial/Institutional (ICI) waste at the proposed transfer
station.
_REPORT
1.0 ATTACfDSSNTS
Attachment No. 1
Key Map - Transfer Station Site
2.0 BACKCiROIIND
2.1 Report WD-67-97 was received and carried at the General`
Purpose and Administration Committee meeting of October 20,
1997. This report directed Staff to complete the ,purchase and -
sale with Ontario Realty Corporation of the land and premises
associated with the proposed transfer station site. This
Addendum to the above-noted Report recommends passage of the
necessary by-laws to execute the purchase of the lands,
execution of the Operating Agreement with Canadian Waste,
lease of the lands by Canadian Waste and an amendment to the-
Collecton.Agreement.
3.0 R$VISVP AND CO1~NT
3.1 Coaditioaa of Purchase and Sale - M08E Certifioate of A,puroval
Whereas previous reports to Council made the purchase and sale
conditional. on receipt of the MOEE Certificate of Approval,
Staff are now told by the Ministry that although the
Certificate of Approval is presently in the signature process,.
it will not actually be issued to the Municipality until the
Municipality owns the property in question. For this reason,
Staff now recommend that the offer to purchase the lands NOT
be made conditional on receipt of the Certificate o£ Approval.
-3.2 Trq}asfer Statioa 0oaratiaa Agreement Leaea sad 'Collection
Agreement
Further to Council approval of Report WD-35-96 on .October 21,
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REPORT NO.: WD-6~-97 PAGE-3'
1996, as well as Committee approval of Report WD-67-97 om
October 20, 1997, it is recommended that the following matters
be dealt with in the Transfer Station Operating Agreement, the
lease and/or the Collection Agreement between the Municipality
and Canadian waste, as appropriate:
3.2.1 The Transfer Station Operating Agreement, the .lease,
and the amendment to the Collection Agreement are to be<
conditional on the completion of .the purchase of the
lands from Ontario Realty Corporation and on the issue
of a Certificate of Approval to the Municipality to `'
operate the transfer station.
3.2.2 The transfer station will be owned by the Municipality
of Clarington, leased. to Canadian Waste and operated by
Canadian Waste. Canadian Waste` shall .pay to the
Municipality of Clarington $1,000 gar month as rent for
the occupation of the land and premises required for
their operation. Specifically, Canadian Waste will be
utilizing that portion. of the site lying north-af the
south. limits of the existing entrance and on a straight
line continued westerly to the- west property limit.
This does not include .the existing salt stied.
3.2-.3 The agreement and lease will ensure that the
Municipality retains the southern port ion. of the site
to be used for outside storage.
3.2.4 Canadian Waste to be responsible for renovating. the
dome and converting it to a waste handling facility, at
.their cost. Other necessary renovations and improve-
manta shall be at the. expense. of Canadian waste.
Drawings are to be prepared by Canadian Waste and
approved by the Director of Public Works.-
RBPORT NO.z ~iD-67-97 $AOE 4
3.2:5 -The existing garage ,and office facilities, along with
washrooms, well and ancillary works, shall be kept in
repair, reasonable wear and tear: excepted, and
maintained by Canadian Waste at their cost for the term
of the contract.
3.2.6 Canadian Waste to supply, install and maintain the
garbage hopper, garbage compactor and ruck weigh;
scales, and thenremovethem at the termination of the
lease.
3.2.7 Heat and hydro utility coats will be the responsibility ;
of Canadian Waste.
3.2.8 Canadian Waste will be responsible for the operation of
a collection service on site for use of .the ,general
public to dispose of household refuse.. The cost of
this service will be consistent with Region of Durham
policy in place at their other transfer and disposal
sites. No provision is provided initially for
recycling services, It is intended that yard waste and
recycling facilities shall be provided once a need has
been proven, and sats€actory arrangements-completed
with the contractor and/or Region..
3.2.9 Canadian Waste will provide liability` insurance
satisfactory to the Municipality.
3.2.10 The Municipality of Clarington shall pay. 50~ of the
installation coat of an upgraded. hydro $ervi6e to the
site, to a maximum of $5,000.
3.2.11 The Municipality of Clarington shall perform site-
grading to .facilitate the installation of the transfer
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REPORR NO.: BPD-67-97 PAaB 5
station compactor .and .minor site drainage modifi-
cations.
3.2.12 The MO£tiE certificate of Approval will be issued to .the.
Municipality of Clarington.
.3.2.13 Property taxes shall be the responsibility of the
Municipality of Clarington.
3.2..14 The Municipality of Clarington will maintain the
Darlington/Clarke Townline from Highway No. 2 to the
transfer station entrance.
3.2.15 That the existing contract for garbage collection,-
paragraph 24, Schedule D, Contract CL-94-36, be revised....
to refer to a negotiated rate per stop, rather. than a
kilometre rate.
3.2..16 That Council .approve a rate .per stop of $2.97,
amounting to a reduction of approximately 3~ on the
1997 rate of $3.05, to take effect upon commencement of
operations at the transfer station.
3.2.17 That a royalty be paid annually to the Municipality of
Clarington from charges on all Industrial/commercial/
Institutional (ICI) waste, as well as non=Clarington
residential waste, passing through the_ transfer
station. This royalty is calculated at the rate of
$2.00/tonne.
3.2.18 That Contract CL-94-36 be extended for two;(2) years
(to-terminate December 31, 2001).
3.2.19 According to the terms. of the Certificate of Approval,
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RBPORT NO.s 9PD-67-97 PAGE 6-
all waste received shall be removed from ..the cite the
same day.
3.2.20 The source of all non-Clarington waste must'be approved
by the Director o£ Public Works before it can be
accepted at the transfer station. If the Director of
Planning deems an Official Plan amendment and re-zoning
to be necessary, the acceptance of non-Clarington waste
to be conditional on the: amendment scoming..intoforce.
3.2.21 The transfer station lease shall be conditional on the
completed purchase of the land by the Municipality from;.
Ontario Realty Corporation.
- 3.2.22 The transfer station lease and operating agreement
shall be for a term of five years.
3.3 The Transfer Station Operating. Agreement should. also include'
.such other provisions that the Director of Public Works, in
consultation with the Municipality's Solicitor, find -to be
necessary to protect the Municipality's interest.
4.0 RECOI~SNDATIONS
4.1 It is respentfully requested that Council pass the necessary
by-laws to authorize the Mayor and Clerk to execute tha Offer -
to Furchase the lands in question, the Transfer Station'-
Operating Agreement, the lease and the amendment to the
Collection Agreement to give effect to the intent ,of this
report. Final details of the Operating Agreement, ease and-
the amendment to the Collection. Agreement will be completed by
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.REPORT NO.: WD-bT-97 PAGE 7 '
the Director of Public Works, in consultation with the
i Municipality's Solicitor.
Respectfully submitted, Reviewed by,
Step eh n A. Vokea, P. Eng. W. H. Stoc wel
Director of Public Works .Chief Administrative .Officer
SAV*ce
October 23, 1997
Attachment
Area to be leased
by Canadian Waste
Existing
Existing Storag
St~ge
Shed
Q
Shed
Existing xlsting Garag ~
~
Sand Loadinq and z
Area ffice Building ,~
Dome Over night Z
3
ng ~
FUTURE ENTRANCE Y
WEIGH ¢
SCALES a
__ V
Z
O
Existing ~
Salt Shed Z
J
K
Q
D
C: TiACFiS OARL TRANSFER.bWG
SITE LAYOUT FOR DRAWN BY: JM DATE: AUG. 1997
178 DARLINGTON/CI~ARR,KE TOWNI~Il~iE RD. ATTANCHMENTONQ PORT N0. WD-67-97