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HomeMy WebLinkAboutWD-67-97 Addendum~- ~ " REPORT #8 '~ ; ~'' ~ • THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~X4~X 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 o.oE E° ® a.~,~.. L r'/ 2~ 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, ~~ 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 r 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, _. 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 t -I .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