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Home My WebLink About01/24/2000MUNICIPALITY OF ONTARIO DATE: JANUARY 24, 2000 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on January 10, 2000 Sandy Archibald representing Archibald Orchards and Big Brothers, - Upcoming Apple Blossom Fruit Wine and Food Festival FOXW06Y.1yous M01 I . Paul Halminen, 619 Mill Street, Newcastle, LIB tCt - Report PD-006-00 2. Bob Willsher, 323 Church Street, Newcastle, LlB IC6 - Winners of the Samuel Wilmot Nature Area Logo Contest 3. Terry Hutchison, Chair, Samuel Wilmot Nature Area, R.R. #5, Bowmanville, LIC 3K6 - Update of the Committee 4. Elaine Choun, 37 Tyler Street, Hampton, LOB lJO - Correspondence Item D - 3 COMMUNICATIONS Receive for Information 1- 1 Minutes of the Blue Circle Cement Community Relations Committee dated November 15, 1999 1-2 Minutes of the Bowmanville Museum Board dated December 8, 1999 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 4 0 TEMPERANCE STREET � BOWMANVILLE ^ ONTARIO - L I C 3A6 , (905) 623-3379 , FAX 623 -4169 RE YCLED CAPER WEBSITE: www.riiunicipality.claringtori.on.ca Council Agenda - 2 - January 24, 2000 I - 3 James M. Flaherty, Attorney General, Minister Responsible for Native Affairs - Status of the Provincial Offences Act (POA) Transfer I - 4 Minutes of the Local Architectural Conservation Advisory Committee dated November 16, 1999 I - 5 The Visual Arts Centre of Clarington, P.O. Box 52, 143 Simpson Avenue, Bowmanville, L I C 3K8 - Show Exhibits "Material Support" I - 6 Central Lake Ontario Conservation Authority - Warning to Parents that Skating is Not Encouraged on Creeks and Ponds I - 7 Ontario Power Generation - Performance Report Card I - 8 Willie Woo, 20 Foster Creels Drive, Newcastle, L1B 1G2 - 1St Annual Clarington Polar Bear Swim I - 9 The Durham Regional Police Service in conjunction with the Town of Whitby, OWASCO and Pickering Volkswagen - Whitby 2000 Millennium 1-10 Denis Kelly, Regional Clerk, The Regional Municipal of York - Oak Ridges Moraine - Towards a Long -Term Strategy I - 11 Earl S. Cuddie, Administrator - Clerk, Township of Scugog - Closure of Agriculture Field Office in Port Perry I - 12 The Awards Committee, Recycling Council of Ontario, 489 College Street, Suite 504, Toronto, M6G IA5 - Calling for nominations for the 1999 Ontario Waste Minimization Awards I - 13 Ian D. Macnab, General Manager /Secretary - Treasurer, Kawartha Conservation - Decision on the Appeal of the 1999 Kawartha Conservation Budget I - 14 Leonie Smith, Fundraising Assistant, Alzheimer Society - Organize a Coin Drive for Alzheimer Durham Receive for Direction D - 1 Elly Macmaster, Community Relations, Big Brothers of Clarington, 23 Scugog Street, Bowmanville, L 1 C 3H7 - "Bowl for Millions Week" D - 2 Lisa McCoy, Area Manager Durham East, Heart and Stoke Foundation of Ontario - Heart and Stroke Month Council Agenda -3 - January 24, 2000 D - 3 Correspondence from the residents of Tyler Street, Mitchell's Corners - Requesting their Ditches and Roads be Repaired D - 4 Residents of Mitchells Corners - Requesting the Installation of Street Lights D - 5 Pamela Quirk, Coordinator, Fund Raising Events, Super Cities WALK for MS - 2" d Annual 2000 Bowmanville Super Cities WALK for MS D - 6 Chris Tysiaczny, Senior Consultant, Information Manager and Economics, Inc., 212 King Street West, Suite 500, Toronto, M511 1K5 - Comprehensive Inventory of Information Highway Projects D - 7 Association of Municipalities, forwarding correspondence from Judy A. Kay, Clerk- Treasurer, Township of Colborne, R.R. #5, Goderich - Increasing Number of Manure Spills D - 8 Hazel McCallion, Mayor, City of Mississauga - Make Sure that Transit is Given Equal Treatment MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of January 17, 2000 2. Report TR -06 -00 - Durham Municipal Insurance Pool UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE JANUARY 24, 2000 CORRESPONDENCE FOR INFORMATION I - 1 Minutes of the Blue Circle Cement Community Relations Committee dated November 15, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) 1-2 Minutes of the Bowmanville Museum Board dated December 8, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) 1-3 James M. Flaherty, Attorney General, Minister Responsible for Native Affairs, providing us with an update to his August 31, 1999, letter on the status of the Provincial Offences Act (POA) transfer. This government is committed to strengthening local justice. The Streamlining of Administration of Provincial Offences Act moves justice issues that have a local impact to the control and accountability of local authorities. The transfer of responsibilities under the POA to municipalities is progressing well. Currently, there are over 110 municipalities participating in the POA transfer, as part of a total of 13 municipal POA operations. These municipal operations are up and running, delivering POA services and collecting POA- related fine revenue for their communities. Mr. Flaherty is pleased to tell us that all of the POA demonstration sites are now in operation and available to assist other municipalities preparing for the transfer. The ministry continues to receive submissions from municipalities interested in assuming responsibilities for POA functions. Ministry staff are working with a number of sites and transfers are currently scheduled from now until March 2000. He is encouraging other municipalities to make their submissions at any time. The ministry's next quarterly review date is March 17, 2000. (Receive for Information) I — 4 Minutes of the Local Architectural Conservation Advisory Committee dated November 16, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) Summary of Correspondence - 2 - January 24, 2000 I - 5 The Visual Arts Centre of Clarington, P.O. Box 52, 143 Simpson Avenue, Bowmanville, L1C 3K8, advising that rubber, cement, metal and fabric are used both thematically and in actuality to create four new works of art to issue in the new millennium. The artists, Jane Eccles, Ron Eccles, Steve Frank and Heather Rigby have been working with members of our business and industrial community, who have provided both materials and financial support. The project will celebrate a connectedness, where support from the community not only assists individual artists but builds alliances and mechanisms between art and industry at a material, psychological and philosophical level. (Receive for Information) 1-6 Central Lake Ontario Conservation Authority, issuing a warning to parents that skating is not encouraged on creeks and ponds in CLOCA Conservation Areas. The ice is not suitable for skating because there may be dangerous thin sections especially on slow moving creeks and areas of marshes. The Authority has posted signs in the Conservation Areas that skating is not allowed to protect the public from these hazards. (Receive for Information) I — 7 Ontario Power Generation, providing the Municipality with a performance report card that measures the effectiveness of the Darlington Nuclear Plant. (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) I - 8 Willie Woo, 20 Foster Creek Drive, Newcastle, L 1 B 1G2, advising Council of the activities that were held on January 1, 2000. As we began the Millennium, January 1St, 2000, Clarington was the place to be and in particular Newcastle Beach as the 1St Annual Clarington Polar Bear Swim was held. An estimated crowd of over 400 people came from such destinations as Whitby, Oshawa and all corners of the Municipality of Clarington to participate or cheer on the 22 brave souls who took the Baptism of the Millennium or icy plunge into Lake Ontario. While this is suppose to be a fun event, there are inherent risks and dangers swimming in water at a bone chilling 36 degree Fahrenheit. He would like to express his sincere gratitude to the members of Clarington Firehall Station #2 led by District Chief Alf Alldread and the members of the City of Oshawa Marine Rescue Association led by Captain Rob Platt, who volunteered their time to ensure that in the event of an emergency, the situation would be capably handled. Fortunately, everything went off without a hitch. Everyone had fun and the dippers will have lots to talk about and memories to cherish about how they brought in the New Year. The Clarington East Food Bank was the recipient of the overwhelming generosity by the attendees. Mr. Woo, also would like to promote the idea of organ donation and donor cards were available to those who wish to "Give the Gift of Life." (Receive for Information) Summary of Correspondence -3 - January 24, 2000 I - 9 The Durham Regional Police Service in conjunction with the Town of Whitby, OWASCO and Pickering Volkswagen, advising as part of the Whitby 2000 Millennium activities and in support of Whitby Involved in Neighbourhood Safety Program (W.I.N.S.), VW Canada, Owasco and Pickering Volkswagen and the Town of Whitby have donated a 2000 Volkswagen "Bug" to the Whitby Community Police Office. This vehicle is a fully marked and equipped Durham Regional Police vehicle. The "W.I.N.S. Wagon" is to be used at community events to promote the W.I.N.S. Program during the next year. The purpose of the Whitby 2000 Millennium Program is to promote and inspire the positive and enthusiastic participation of Whitby residents, community organizations and groups, in recognizing and celebrating the Year 2000 and the new millennium. The goal is to build community -based activities, events and lasting legacy programs during the year 2000. (Receive for Information) I - 10 Denis Kelly, Regional Clerk, The Regional Municipal of York, forwarding, for our information, Clause 5 of Report No. 13 of the Regional Planning Committee, regarding the Oak Ridges Moraine - Towards a Long -Term Strategy, which includes a reference to various communications and deputations which were made before their Planning Committee on December 1, 1999. (Receive for Information) I - 11 Earl S. Cuddie, Administrator - Clerk, Township of Scugog, regarding the closure of Agriculture Field Office in Port Perry. The local office in Port Perry has been instrumental in ensuring that the agricultural community and the residential /commercial part of the municipality co- exist. The local field office provides consultation and advice to the municipality through the planning process which allows the municipality to focus on liveable and efficient communities while protecting the farming community. Port Perry is in a very unique position, in that it is located on the east side of the GTA and is able to provide a substantial service are for the field office to operate. There is increasing pressures on local Council for residential /recreational development. These pressures have always been addressed with sound strategic advice to recognize the farming community in partnership with the municipality through the field office staff. Mr. Cuddie is urging the Honourable Ernie Hardeman to reconsider his decision and reinstate this fundamental service to the agricultural community in Port Perry. (Receive for Information) Summary of Correspondence - 4 - January 24, 2000 1-12 The Awards Committee, Recycling Council of Ontario, 489 College Street, Suite 504, Toronto, M6G 1A5, calling for nominations for the 1999 Ontario Waste Minimization Awards. RCO is proud to announce the 1999 Ontario Waste Minimization Awards program. Recognizing businesses, municipal governments, organizations and individuals, the 16th annual presentation of these awards will take place on Monday, April 17, 2000 at the Markham Theatre. To promote environmental sustainability and stewardship beyond just reducing garbage, RCO has created new award categories in 1999 and broadened its nomination criteria to recognize outstanding environmental management systems and individual efforts. The winners and finalists of RCO Waste Minimization Awards are society's leaders, the people and organizations that are setting the environmental standards of the future. (Receive for Information) I - 13 Ian D. Macnab, General Manager /Secretary - Treasurer, Kawartha Conservation, reporting that the decision on the appeal of the 1999 Kawartha Conservation budget has been received. The Deputy Commissioner, Ms. Dianne Sutter, supported the position of Kawartha Conservation. (Receive for Information) 1-14 Leonie Smith, Fundraising Assistant, Alzheimer Society, requesting that the Municipality of Clarington, organize, amongst our colleagues a coin drive on their behalf. Throughout the year, Alzheimer Durham will be focussing on a new audience - baby boomers. For years they have been educating the public regarding the projected three -fold increase in Alzheimer Disease and related dementia cases. For the year 2000 and beyond, they will be working hard to inform baby boomers, who will make up the lions share of this projected increase, about Alzheimer Disease and soliciting their support. The monetary and other types of support that they gain from this segment of the population now can reduce the impact of Alzheimer Disease in their lives and the lives of their aging parents in the future. Beginning this month they will be launching the Millenium Coin Drive. Their goal is simple: to raise 2000 of each coin denomination for a total of $6,820. (Receive for Information) Summary of Correspondence - 5 - January 24, 2000 CORRESPONDENCE FOR DIRECTION D - 1 Elly Macaster, Community Relations, Big Brothers of Clarington, 23 Scugog Street, Bowmanville, L1C 3H7, requesting that the week of February 18 - 26, 2000, be proclaimed "Bowl for Millions Week ". They also are requesting to fly the Big Brothers flag at the Municipal Centre in Bowmanville during this campaign. If Council permits, a convenient time to hold the flag raising ceremony would be Monday, January 31, 2000, at 9:00 a.m. This would allow time for the media to publicize "Bowl for Millions Week" well in advance. (Big Brothers of Clarington is holding their annual "Bowl for Millions" fundraising campaign during this week). (Motion to Proclaim and grant permission to fly the flag at the Municipal Administrative Centre) D-2 Lisa McCoy, Area Manager, Durham East, Heart and Stoke Foundation of Ontario, requesting the month of February, be proclaimed Heart and Stroke Month. They are also wondering if Mayor Hamre would be willing to conduct an official flag- raising ceremony during the first week of February. If possible, they would like to request that this take place on either the first or second day in February. (Motion to Proclaim and grant permission to fly the flag at the Municipal Administrative Centre) D - 3 Residents of Tyler Street, Mitchell's Corners, requesting that their ditches and roads be repaired. Tyler Street is a top coat of asphalt on gravel which was done approximately 25 years ago. Every spring there is a sweeper machine sent to their street and all this accomplishes is to dig up loose asphalt and spray it on their yards. This past Fall, a crew was sent out and dug up some ditches. This was not done properly and there was no grass placed and seed planted too late and not evenly. Several residents contacted the municipality with their concerns over the poor job and they feel misuse of their tax dollars. They understand that their road was slated for repairs approximately 10 years ago but it was decided to build a proper road for Ross McMaster, a farmer who was using their street with his farm equipment. They are still waiting 10 years later and would like this problem addressed. They would also like to bring the municipality's attention to Bradley Street and the repairs there. This is a street with the culverts buried and a proper street. They do not want their ditches dug any more. (Motion to refer correspondence to the Director of Public Works) Summary of Correspondence - 6 - January 24, 2000 D-4 Residents of Mitchell's Corners, requesting the installation of street lights. Their Neighbourhood Watch believes that the street lights would be an obvious deterrent to the numerous break ins and thefts in their community. They also have an increase of traffic and with the narrow road with ditches makes it hard for vehicles to see their walkers. They are also aware, as promised by Councillor Jane Rowe, that they will not incur a tax increase due to the installation of the street lights and their municipality will issue the funds for the project. (Motion to refer correspondence to the Director of Public Works) D - 5 Pamela Quirk, Coordinator, Fund Raising Events, Super Cities WALK for MS, asking permission to hold the 2 °d annual 2000 Bowmanville Super Cities WALK for MS in the Town of Bowmanville on Sunday, April 16, 2000. The Super Cities WALK for MS is a one day major fund raising event involving 105 cities across Canada. The funds raised help provide services for those in Bowmanville living with multiple sclerosis, as well as fund research initiatives into the cause and cure of the disease. Multiple sclerosis is the most common disease of the central nervous system affecting young Canadians today. The Bowmanville WALK is scheduled to begin on April 16th at 8:00 a.m. and finish by 3:00 p.m. All routes will begin and end at the Bowmanville High School. All participants will be using sidewalks and will obey all traffic laws. (Motion to approve provided the applicants apply for and obtain a road occupancy permit from the Public Works Department) D-6 Chris Tysiaczny, Senior Consultant, Information Manager and Economics, Inc., 212 King Street West, Suite 500, Toronto, M51-1 1K5, regarding a study that they are conducting on behalf of the Government of Ontario. They have been asked to develop a comprehensive inventory of Information Highway Projects being developed and implemented by local communities, not - for - profit organizations, the education sector, health institutions and research and development communities within the public sector. For the purposes of this study, "Information Highway Project" refers to the innovative use of information and telecommunications tools and infrastructure to collect, use and share information, support local economic development, deliver public services, or engage in research and development activities. They are very interested in ensuring that our organization has an opportunity to report any information highway initiatives in which we may currently be engaged. Mr. Tysiaczny would appreciate it if we could provide him with a contact person that can assist them in this study. (Motion to refer correspondence to the Chief Administrative Officer) Summary of Correspondence - 7 - January 24, 2000 D - 7 Association of Municipalities, forwarding correspondence from Judy A. Kay, Clerk- Treasurer, Township of Colborne, R.R. #5, Goderich, advising that the Township of Colborne passed the following resolution: "THAT, in light of the numerous and increasing number of manure spills, the Council of the Township of Colborne hereby petitions the Government to take action and bring into effect an enforcement act similar but not limited to that of the Petroleum Handling Act according to which authority is provided that in addition to the Owner being held responsible, such person(s) and /or companies acting in the capacity of Handler, Custom Operator, Contractors, etc. would be held responsible and liable for any such actions and that any /all spills would require to be reported and dealt with immediately as to prohibit the pollution of beaches, wells and /or any other forms of waterways and further than the Government allocate sufficient funding to ensure that the effective enforcement of any such legislation is carried out and further that this resolution be circulated to all municipalities in Ontario for support." (Motion for Direction) D - 8 Hazel McCallion, Mayor, City of Mississauga, advising that she has received some information from Ottawa that the budget which is coming down from the Federal Government is going to deal with highways but that transit may not get the priority that it should. Mayor McCallion is recommending that we contact our local MPs and emphasize that there is an urgent need for transit in the GTA and that we want it addressed in the budget. The pressure for the priority being given to highways is coming from the western mayors, especially considering Vancouver receives revenue from the fuel tax and so do the cities in Alberta. Alberta municipalities are receiving 3 cents per litre and this will increase to 5 cents per litre. Therefore the western Mayors are really pushing the Federal Government to give the major share of funding to highways. It is urgent that we bring pressure to bear on our MPs to make sure that transit is given equal treatment in whatever funding is allocated by the Federal Government for transportation. (Motion for Direction) SUMMARY OF BY -LAWS JANUARY 24, 2000 BY -LAWS 2000 -07 being a by -law to appoint a By -law Enforcement Officer (Item #11 of Report #1) 2000 -08 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Robert Edgar, Newcastle, Ontario, to enter into an agreement for the sale of 2727 Morgans Road, Newcastle, Ontario (Confidential Report TR- 05 -00) 2000 -09 being a by -law to execute an agreement between the Corporation of the Municipality of Clarington and Towns of Whitby and Ajax, Townships of Brock, Scugog and Uxbridge and the Region of Durham to enter into a Subscriber's Agreement and Indemnity Agreement for the provision of Municipal Insurance Coverage (Report TR- 06 -00) 2000 -10 being a by -law to Appoint representatives for the Municipality of Clarington on the Board of Directors for Durham Municipal Insurance Pool (Report TR- 06 -00) 2000 -11 being a by -law to amend By -law 97 -6, a by -law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees (Item #12 of Report #1) 2000 -12 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Applicant) (Adopted by Council on June 14, 1999) MUNICIPALITY OF CLARINGTON COUNCIL MEETING JANUARY 24, 2000 - 7:00 P.M. FILE MUNICIPALITY OF -e- Zarington ONTARIO DATE: JANUARY 24, 2000 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on January 10, 2000 PRESENTATION Sandy Archibald representing Archibald Orchards and Big Brothers, - Upcoming Apple Blossom Fruit Wine and Food Festival DELEGATIONS 1. Paul Halminen, 619 Mill Street, Newcastle, LIB 1C1 - Report PD -006-00 2. Bob Willsher, 323 Church Street, Newcastle, LIB 106 - Winners of the Samuel Wilmot Nature Area Logo Contest 3. Terry Hutchison, Chair, Samuel Wilmot Nature Area, R.R. #5, Bowmanville, LIC 3K6 - Update of the Committee 4. Elaine Choun, 37 Tyler Street, Hampton, LOB 1 JO - Correspondence Item D - 3 COMMUNICATIONS Receive for Information I - 1 Minutes of the Blue Circle Cement Community Relations Committee dated November 15, 1999 I - 2 Minutes of the Bowmanville Museum Board dated December 8, 1999 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET . BOWMANVILLE • ONTARIO • L1C 3A6 WEBSITE(905) 62333]9 FAX 6234169 : www.mu mti palily.claringlon.on.ca ^aarocea arca Council Agenda 2 - January 24. 2000 I - 3 James M. Flaherty, Attorney General, Minister Responsible for Native Affairs - Status of the Provincial Offences Act (POA) Transfer I - 4 Minutes of the Local Architectural Conservation Advisory Committee dated November 16, 1999 1- 5 The Visual Arts Centre of Clarington, P.O. Box 52, 143 Simpson Avenue, Bowmanville, LIC 3K8 - Show Exhibits "Material Support" I - 6 Central Lake Ontario Conservation Authority - Warning to Parents that Skating is Not Encouraged on Creeks and Ponds I - 7 Ontario Power Generation - Performance Report Card 1- 8 Willie Woo, 20 Foster Creek Drive, Newcastle, LIB 1G2 - 151 Annual Clarington Polar Bear Swim I - 9 The Durham Regional Police Service in conjunction with the Town of Whitby, OWASCO and Pickering Volkswagen - Whitby 2000 Millennium 1- 10 Denis Kelly, Regional Clerk, The Regional Municipal of York - Oak Ridges Moraine - Towards a Long -Term Strategy I - 11 Earl S. Cuddie, Administrator -Clerk, Township of Scugog - Closure of Agriculture Field Office in Port Perry I - 12 The Awards Committee, Recycling Council of Ontario, 489 College Street, Suite 504, Toronto, M6G 1 A5 - Calling for nominations for the 1999 Ontario Waste Minimization Awards I - 13 Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation - Decision on the Appeal of the 1999 Kawartha Conservation Budget I - 14 Leonie Smith, Fundraising Assistant, Alzheimer Society - Organize a Coin Drive for Alzheimer Durham Receive for Direction D - 1 Elly Macmaster, Community Relations, Big Brothers of Clarington, 23 Scugog Street, Bowmanville, L1C 3H7 - "Bowl for Millions Week" D - 2 Lisa McCoy, Area Manager Durham East, Heart and Stoke Foundation of Ontario - Heart and Stroke Month Council Agenda -3 - January 24, 2000 D - 3 Correspondence from the residents of Tyler Street, Mitchell's Corners - Requesting their Ditches and Roads be Repaired D - 4 Residents of Mitchells Comers - Requesting the Installation of Street Lights D - 5 Pamela Quirk, Coordinator, Fund Raising Events, Super Cities WALK for MS - 2"d Annual 2000 Bowmanville Super Cities WALK for MS D - 6 Chris Tysiaczny, Senior Consultant, Information Manager and Economics, Inc., 212 King Street West, Suite 500, Toronto, M5H 1 K5 - Comprehensive Inventory of Information Highway Projects D - 7 Association of Municipalities, forwarding correspondence from Judy A. Kay, Clerk -Treasurer, Township of Colborne, R.R. #5, Goderich - Increasing Number of Manure Spills D - 8 Hazel McCallion, Mayor, City of Mississauga - Make Sure that Transit is Given Equal Treatment MOTION NOTICE OF MOTION REPORTS General Purpose and Administration Committee Report of January 17, 2000 Report TR -06-00 - Durham Municipal Insurance Pool UNFINISHED BUSINESS BY-LAWS OTHER BUSINESS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Council Minutes MUNICIPALITY OF CLARINGTON January 10, 2000 Minutes of a regular meeting of Council held on Monday, January 10, 2000, at 7:00 p.m., in the Council Chambers PRAYER Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Schell Councillor C. Trim Councillor T. Young Absent: Councillor Rowe (on vacation) Also Present: Chief Administrative Officer, F. Wu Director, Community Services, J. Caruana (attended until 8:50 p.m.) Director, Planning and Development, D. Crome (attended until 8:50 p.m.) Solicitor, D. Hefferon Treasurer, M. Marano Director, Public Works, S. Vokes (attended until 8:50 p.m.) Divisional Manager, G. Weir (attended until 8:50 p.m.) Municipal Clerk, P. Barrie Councillor Schell opened the meeting with a prayer for governance in Clarington. DISCLOSURES OF PECUNIARY INTEREST Councillor Schell advised that he would be making a disclosure of Pecuniary interest with respect to Section 2.6 of Confidential Report #SOLIC-1-00. MINUTES OF PREVIOUS MEETING Resolution #C-1-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT the minutes of a regular meeting of Council held on December 13, 1999, be approved. "CARRIED" Council Minutes - 2 - January 10, 2000 DELEGATIONS Paul Mak, Solicitor, appeared before Council on behalf of Colin Abernethy, 4001 Concession 8, Orono, LOB 1 MO, with respect to Report CD -03-00. Mr. Mak stated that the Vicious Dog Declarations which have been filed with Mr. Abernethy must be revoked as the officer investigating the incident did not interview anyone who actually witnessed the incident. In fact, the investigation appears to be nothing more than hearsay evidence and there is no hard evidence in this incidence to prove that the dogs accused of this attack were involved in any way. Mr. Mak also stated that it is his opinion that the Municipality's by-law is invalid as there is Provincial Legislation which deals with the same issue and, therefore, the Municipality's by-law must be subservient to it. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2M1, addressed Council with respect to the Official Plan and Black Farewell Watershed natural heritage. Ms. Racansky states that the Gartner Lee Mapping Project for CLOCA 1979 outlined the most important natural features of the Black Farewell Watershed Wetlands. This information on the Courtice wetland locations was supported once again by MNR wetland evaluation and mapping done in 1997, 1998 and 1999. All development applications should adhere to Gartner Lee's findings in their planning application. All EIS, with the exception of the Birchdale Study, failed to distinguish between woodlot and wetland for their own gain. Local and Regional Official Plans clearly indicate that over 65% of the area which was included in the Courtice Urban Boundary is highly sensitive. It would be logical that the leftover 35%, of which most of the area was already developed as estate or large residential lots, would be developed the same way. However, this is not the case. Ms. Racansky is asking that Council reopen the Official Plan to protect the remaining area of the Black/Farewell Wetland Complex area. COMMUNICATIONS Resolution #C-2-00 Moved by Councillor Young, seconded by Councillor Mutton THAT the communications to be received for information be approved with the exception of Items I - 8, I - 11, I - 15, 1- 20, and I - 24. "CARRIED" I - 1 Minutes of the Ganaraska Region Conservation Authority dated C06.GA November 18, 1999. (Received for Information) Council Minutes -3 January 10, 2000 COMMUNICATIONS 1-2 C06.SO Minutes of the Solina Community Centre Board dated November 25, 1999. (Received for Information) I — 3 R03.BO Minutes of the Bowmanville Museum dated November 10, 1999. (Received for Information) 1-4 C06.SA Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 14, 1999 and October 26, 1999. (Received for Information) I - 5 C06.AN Minutes of the Animal Advisory Committee dated October 14, 1999. (Received for Information) 1-6 R06.NE Minutes of the Newcastle Community Hall Board dated October 18, 1999. (Received for Information) 1-7 Correspondence from Mr. A.M. Lyall, 37 Jones Avenue, Newtonville, LOA 1JO, to the Honourable Tony Clement, E05.GE Minister of the Environment, requesting a response to his letter regarding the proposed Newtonville Dump. Mr. Lyall indicates that there are three schools that trucks would have to pass and he can understand the school bus lines concerns. Mr. Lyall states that the Municipality of Clarington and the Region of Durham do not want the dump but the Ministry seems bound and bent that we are going to repeat the process for the sixth time. It is costing the ratepayers hard earned money to try to stop what has already been said no to five times. If Mr. Lovekin does not obey all the regulations now does this auger well for the future? (Received for Information) I — 9 P. M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on December 1, C 10.MO 1999, in considering correspondence from the Town of Whitby, passed the following resolution: "The Region of Durham be requested to fully consult with the local municipalities regarding the terms of reference of any Regionally initiated governance and service realignment review which may impact services presently delivered by local municipalities." (Received for Information) Council Minutes - 4 - January 10, 2000 COMMUNICATIONS I - 10 Sandra Kranc, Manager of Support Services, The City of Oshawa, advising that the City of Oshawa on December 6, 1999, passed the LO LAP following resolution regarding the Commercial Centre at the North East Corner of Harmony Road North and Taunton Road East: "THAT notwithstanding objections from Lynda J. Townsend, on behalf of 1001127 Ontario Limited, Derek Bowerman, 784 Taunton Road East, Robert Lupton, President, Millwork Home Centre, Helen Nault, 766 Taunton Road East, Nigel Radley and Arlene Slayer, 750 Taunton Road East, and the Municipality of Clarington, By-law 98-99 be forwarded to the Ontario Municipal Board for approval." (Received for Information) 1- 12 Ontario Power Generation, 1675 Montgomery Park Road, P.O. Box 160, Pickering, L IV 2R5, providing the Municipality of Clarington with a copy E05.GE of the third issue of their newsletter about the Environmental Assessment (EA) being conducted on OPG's Pickering A Return to Service project. (Received for Information) 1- 13 Margaret Rodgers, Curator -Director, Visual Arts Centre of Clarington, P.O. Box 52, Bowmanville, LIC 3K8, inviting Mayor Hamre, Members of R05. VI Council and senior staff to a lunch -visit at the VAC on Monday, January 31, 2000, to meet the artists and view their Millennium show. The exhibition is called "Material Support" because, over the past several months, artists with a connection to this community have worked with local industry to create artworks to issue in the year 2000. The artists are Jane and Ron Eccles, Steven Frank and Heather Rigby. The primary businesses are Goodyear, Blue Circle, Bowmanville Fabrics and Metal Supermarkets, with some support from Bowmanville Foundry and Tyrone Mill. (Received for Information) 1- 14 Barbara McEwan, Town Clerk, Town of Halton Hills, writing to Alan Tonks regarding the Transportation Workshop proceedings and AO LGR advising that the Town of Halton Halls on December 6, 1999, passed the following resolution: "THAT this Report dated December 1, 1999, be received; AND FURTHER THAT the Greater Toronto Services Board be advised that Halton Hills supports the need to have a GTA/Hamilton-Wentworth Transportation Plan prepared; Council Minutes _ 5 January 10, 2000 COMMUNICATIONS AND FURTHER THAT Halton Hills expects to be a partner in the Preparation, review, and endorsement of such a plan; AND FURTHER THAT Halton Hills encourages the forging of a partnership with Federal and Provincial involvement to aid in making the plan affordable; AND FURTHER THAT a copy of this report be forwarded to the Greater Toronto Services Board, Local MPs and MPPs, the City of Burlington, the Towns of Milton and Oakville, the Regional Police Services Board, all Halton Chambers of Commerce and the GTA Mayors." (Received for Information) 1- 16 David H. Bradley, President, Ontario Trucking Association, 555 Dixon Road, Toronto, M9W 1H8, responding to a letter that was sent T08.GE to the Municipality of Clarington from CRASH regarding a proposed resolution on the impact of trucking policies on municipal roads and safety. It is their view, that CRASH has misrepresented whom they represent. CRASH claims to be the national non-profit association that works to represent the general public when governments establish regulations for the operation of large trucks on public roads. In reality, CRASH is a railway funded lobby group. The Canadian federal regulations governing truck driver hours of service are over 60 years old. They are antiquated, cumbersome and contribute to fatigue as opposed to preventing. So over the past decade, government, industry, the scientific community and other stakeholders have been working to develop a new regulatory regime that would increase the amount of rest for truck drivers; be based on science; and, be consistent with fatigue management. The Ontario Trucking Association has not, nor has it ever, proposed the use of longer trucks on municipal roads as alleged by CRASH. OTA will be among the first to admit that a heavy truck will impose more stress on the road infrastructure than a car. That is why taxes and commercial vehicle registration fees are so high. OTA is also sympathetic to the recent added costs for road infrastructure that many Ontario municipalities have encountered due to provincial restructuring or downloading. However, one point needs to be made clear - truckers pay their fair share of road user taxes. The Canadian trucking industry pays close to $5 billion dollars each year in fuel tax and vehicle registration fees. Council Minutes - 6 - January 10, 2000 COMMUNICATIONS To put this in perspective, all provinces and territories only spent $6 billion on roads and highways in 1997/98. Nevertheless, should the municipalities seek the support of the trucking industry in their quest to obtain more money from the federal and provincial levels of government for road infrastructure, they would find a willing ally. (Received for Information) 1- 17 Naomi Alboim, Secretary General to The Order of Ontario and Deputy Minister, Ministry of Citizenship, Culture and Recreation, inviting the SOO.GE Municipality of Clarington to submit a nomination for membership in The Order of Ontario, our province's most prestigious honour. The Order of Ontario was established in 1986 as a means of honouring those people who have rendered service of the greatest distinction and of singular excellence in any field of endeavour benefiting society here and elsewhere. The award pays tribute to exceptional people who exemplify the highest qualities of achievement and excellence in their chosen professions or in community service on an international, national or provincial level. Nominations must be returned by the closing date of January 31, 2000. (Received for Information) 1- 18 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham considered the declaration and protection of Pickering Airport D03. Lands and, at a meeting held on December 15, 1999, Regional Council adopted Parts a), c) and d) of the following recommendations of the Committee. Part b) was tabled until the first Council meeting in June 2000: "a) THAT Report #1999-P-74 of the Commissioner of Planning be received for information; b) THAT the Region of Durham requests that Transport Canada move forward to declare the Pickering airport lands as an airport site; (TABLED UNTIL FIRST COUNCIL MEETING IN JUNE 2000); C) THAT the Region of Durham supports the "agreements with provincial authorities" approach which provides for affected municipalities to enact regulations to protect the Pickering lands for an airport; and Council Minutes -7- January 10, 2000 COMMUNICATIONS d) THAT Report #1999-P-87 of the Commissioner of Planning be forwarded to the area municipalities in Durham, the Region of York, the Town of Markham, the Town of Whitchurch-Stouffville, Transport Canada, the GTAA, the Green Door Alliance, V.O.C.A.L., and other stakeholders involved in the consultation process." (Received for Information) I - 19 Betty Irving and the Committee Members, Bowmanville Santa Claus Parade, thanking all those who assisted with this year's successful parade. M02.GE They would like to thank us for providing the use of the old fire hall and also the use of the marshalling vests. (Received for Information) 1-21 Federation of Canadian Municipalities, advising that the Community Leader's Partnership Program (CLPP) 1999-2000 is well under way. All AOLFE travelling arrangements must be made prior to March 31, 2000, when the program will officially end. Therefore, this is our last chance to get our application in and take part in this great learning experience. The Community Leaders Partnership Program 2000 is an exchange program creating the opportunity for municipal, business and community leaders from across Canada to share ideas and benefit from each other's knowledge and expertise on matters of mutual interest and concern. The program has already enhanced the appreciation of Canadian diversity and the exchange of municipal best practices. The exchange visits allows the traveling delegates to establish and broaden their network of community leaders from coast to coast. (Received for Information) 1-22 Federation of Canadian Municipalities, advising of the FCM's work in securing a much -improved set of legislation and regulations by which F 11.CH municipalities receive payments in lieu of taxes by the federal government and its agents of federal property. Payments in lieu of taxes have been paid to municipal governments on federal properties for the past fifty years, owing to the efforts of the FCM. The federal government, although exempt from paying property taxes under the Constitution, has come to agree with FCM that the correct course of action is to pay municipalities in a manner equivalent to other taxpayers. A Joint Technical Committee (JTC) on Payments in Lieu of Taxes was initiated by FCM with Treasury Board and Public Works and Government Services in 1995. Following two years of negotiations and the signing of two agreements with FCM, the Minister of Public Works and Government Services, Alfonso Gagliano, announced a complete review of the Municipal Grants Act at the FCM Annual Conference in 1998. Council Minutes - 8 - January 10, 2000 COMMUNICATIONS The legislation was introduced at a rapid pace. On December 7, FCM appeared before the House of Commons Standing Committee on Natural Resources and Government Operations, regarding Bill C-10. FCM was the only group making a presentation. FCM is pressing the Public Works and Government Services Committee for a Memorandum of Understanding to the effect that the JTC recommendations have been put into effect. (Received for Information) 1-23 Honourable Tony Clement, Minister of the Environment, advising that on October 21, 1999, a new regulation came into effect which changes the PO1.NO approvals requirements for specific sources of air and noise emissions under section 9 of the Environmental Protection Act (EPA). He would like to inform us of some of the specific sources of noise, odour and vibration emissions which no longer require a Certificate of Approval, because some of them may exist or occur in our municipality. The regulation includes: • Race tracks; • Outdoor events, festivals or fairs; • Outdoor firearms shooting ranges, and; • Equipment used to mitigate the effects of an emergency declared to exist under the Emergency Plans Act. The regulation is designed to eliminate duplication, make the environmental rules clearer, and allow us to streamline the approvals process. It will enable MOE to deliver the approvals program in a more efficient manner by focusing on environmentally significant activities without compromising the protection of the environment. (Received for Information) 1-25 Ralph Goodale, Minister of Natural Resources Canada, informing the Municipality of Clarington that he has had the opportunity to consult with E07.RA his Cabinet colleagues on the proposals brought forward by Clarington, Hope Township and the Town of Port Hope, for the local long-term management of local low-level radioactive wastes. Ministers supported the communities' proposals for managing the wastes locally, and have given him a mandate to negotiate legal agreements with each community on the terms and conditions under which this would be done. He is writing to us not only to inform us of this positive development, but also to outline the next steps as he sees them. Mr. Goodale would like to begin negotiations on the legal agreements as soon as possible in the new year. Mr. Whelan is the Director General, Energy Resources Branch, Natural Resources Canada. Council Minutes -9- January 10, 2000 COMMUNICATIONS His staff will be in touch with the Municipality of Clarington shortly to set up an appropriate time to meet. He would like to return to his Cabinet colleagues sometime next year to seek approval of the negotiated agreements and to seek authority to move to the next phase, which is the environmental assessment and regulatory review. (Received for Information) 1-26 Denis Kelly, Regional Clerk, York Region, forwarding, for our information, the appended Clause No. D02 -OA 2 contained in Report No. 13 of the Regional Planning Committee headed The Oak Ridges Moraine - Towards a Long -Term Strategy, which was adopted, as amended. (Received for Information) 1-27 Watson Reed, Manager - Licencing, Toronto District, Industry Canada, Spectrum Management, Room 909- 9th Floor, 55 St Clair Avenue East, Toronto, M4T 1M2, advising that Industry Canada has instituted specific procedures to ensure that municipalities or local land -use authorities are aware of significant antenna structures proposed within their jurisdictional boundaries and that the Municipality Clarington of also has an opportunity to influence the location of the structures while not unduly prohibiting the development of radiocommunication facilities. They are also striving to ensure that local officials and ultimately the general public are better informed about the procedures and the role of land -use authorities as it relates to the process. (Received for Information) 1 - 8 Ontario Property Assessment Corporation Newsletter for the month of December 1999. OPAC Newsletter Resolution #C-3-00 F22.TA Moved by Councillor Young, seconded by Councillor Mutton THAT Correspondence Item I - 8 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes - 10- January 10, 2000 COMMUNICATIONS Resolution #C-4-00 Moved by Councillor Mutton, seconded by Councillor Schell THAT the foregoing Resolution #C-3-00 be amended by adding the following thereto: "THAT Marie Marano, Treasurer, be nominated to sit on the OPAC Board of Directors, should a vacancy occur." "CARRIED" The foregoing Resolution #C-3-00 was then put to a vote and "CARRIED AS AMENDED." Sally Barrie, Administrator, Durham Region Community Care Association, 26 Beech Avenue, Bowmanville, LIC 3A2, expressing Clarington thanks for the opportunity to publicize their volunteer recruitment Today campaign in "Clarington Today". Jennifer Cooke initiated the idea of M03.GE using the actual recruitment material and was able to pull the information from a disc supplied by their promotion company. Over the past few months they have had 10 inquiries and 6 actual registrations of new volunteers who came to them as a result of reading the article in Clarington Today. They were delighted to welcome these new volunteers. Resolution #C-5-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Correspondence Item I - 11 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes - 11 - January 10, 2000 COMMUNICATIONS Resolution #C-6-00 Moved by Councillor Novak, seconded by Councillor Young THAT the foregoing Resolution #C-5-00 be amended by adding the following thereto: "THAT a copy of the correspondence be forwarded to Jennifer Cooke, Marketing and Tourism Officer." "CARRIED" The foregoing Resolution #C-5-00 was then put to a vote and "CARRIED AS AMENDED." 1- 15 Patrick W. Olive, Commissioner, Region of Durham, writing to the Honourable Ernie Hardeman, advising that the community along with the Closing of Region of Durham, Economic Development and Tourism Department are Field Offices extremely disappointed with his recent announcement to close several of L I LGE his field offices, and in particular the Port Perry office, since this is the only one located in the Greater Toronto Area. Replacement by access to the Internet is simply not practical for the small operator, and does not reach the majority of his clientele. Resolution #C-7-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Correspondence Item I - 15 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes - 12 - January 10, 2000 COMMUNICATIONS Resolution #C-8-00 Moved by Councillor Young, seconded by Councillor Mutton THAT the foregoing Resolution #C-7-00 be amended by adding the following thereto: "and that a letter be forwarded to the Honourable Ernie Hardeman advising that the Council of the Municipality of Clarington endorses the position of the Region of Durham with respect to the closing of several of his field offices." "CARRIED" The foregoing Resolution #C-7-00 was then put to a vote and "CARRIED AS AMENDED." 1-20 Association of Municipalities of Ontario, advising that the International Association of Fire Fighters (IAFF) is forcing its members to stop working Firefighters as volunteers in other municipal fire departments. The IAFF has obtained Association a legal opinion which states that in Ontario the union has the right to expel M06.GE any of its members who are also working as part-time fire fighters in volunteer fire departments. Employment contracts often prevent expelled union members from continuing to act as full time fire fighters for the municipality that is their primary employer. Despite the concerns of many fire fighters, in a meeting earlier this month the Ontario Chapter voted to pursue this option. Various locals have begun to inform their members that they must cease working as volunteers or face expulsion - and the loss of their full time job. The IAFF has given its members until December 31, 1999 to resign as volunteers. AMO has contacted the Ministry of the Solicitor General to make them aware of the problems and to seek their assistance in ensuring that Ontario's communities remain safe in this regard. To end the labour chaos within volunteer municipal fire departments that this ultimatum is creating, the Province must help municipalities to protect the rights of full time fire fighters to work as part time volunteers in other municipal departments if they so choose. Council Minutes - 13 - January 10, 2000 COMMUNICATIONS Resolution #C-9-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Correspondence Item I - 20 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-10-00 Moved by Councillor Schell, seconded by Councillor Novak THAT the foregoing Resolution #C-9-00 be amended by adding the following thereto: "and referred to the Fire Chief for review and preparation of a report to be submitted to the General Purpose and Administration Committee." "CARRIED" The foregoing Resolution #C-9-00 was then put to a vote and "CARRIED AS AMENDED." 1-24 Pat Breton, Press Secretary, Natural Resources Canada, advising that the Low-level low-level radioactive waste sites in Port Hope, Hope Township and Clarington are now a step closer to being cleaned Radioactive up. The Government of Canada and municipal councils are ready to negotiate legal agreements for Waste E07.RA the local long-term management of these wastes. Port Hope, Hope Township and Clarington have each developed storage proposals for their own low-level radioactive wastes. The Government will negotiate separate legal agreements to carry out the projects with each of the municipalities. Following negotiations with each of the local municipalities, Minister Goodale will take the initial results back to the federal Cabinet to review the proposed terms of the agreements prior to signature, and to obtain Cabinet approval for the next phase of the project, detailed technical and scientific studies and regulatory review. Consultation will be ongoing. The projects must also be reviewed under appropriate regulations, including those under the Canadian Environmental Assessment Act and the Atomic Energy Control Act. Council Minutes - 14- January 10, 2000 COMMUNICATIONS Resolution #C-11-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Correspondence Item I - 24 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-12-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT the foregoing Resolution #C-11-00 be amended by adding the following thereto: "and that a copy of the correspondence be forwarded to Harvey Thompson, Port Granby Advisory Committee." "CARRIED" The foregoing Resolution #C-11-00 was then put to a vote and "CARRIED AS AMENDED." Resolution #C-13-00 Moved by Councillor Schell, seconded by Councillor Novak THAT the Correspondence Items be approved as per the agenda with the exception of Items D - 6 through D - 11, inclusive. Council Minutes - 15 - January 10, 2000 COMMUNICATIONS D - 1 Correspondence from Jean Baylis, 3 Prout Drive, Bowmanville, LIC 4A3, reporting her disappointment to hear of an increase in dog licensing in P14.AN Bowmanville. Not just an increase but a $5.00 increase to what she paid last year. That is almost a 75% increase. Ms. Baylis was in City Hall in September to find out about the dog tags and if any increases, decreases and as usual her early purchase. The ladies at the desk said no increases, no mention of microchipping and there was nothing posted. She called over to City Hall on December 6 to check and see if the 2000 tags were in and double checking the cost. The lady said it is now $13.00 with a $5.00 discount for microchipping. Ms. Baylis spoke with Councillor Young and found out that the increase was passed in June 1999. The least someone could have done was post the increases for all to see and decide about microchipping, licensing, immunization, early purchase or whatever they thought was best for them and their pets. But no mention, no apology for wrong information. Her other concern is not only the increase but also the cat licensing. If licensing is so expensive then she bets that no one will be licensing their cat let alone their dog. So if there is going to be licensing for dogs and cats at least make it acceptable for owners. Speak with your local vets about reducing microchipping, immunization etc. (Correspondence referred to the Clerk's Department) D-2 Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region Conservation Authority, advising that at the December 16, 1999, AOLGA Full Authority meeting the members received the 2000 Preliminary Budget for information. The members requested that the budget be forwarded to the watershed municipalities for their consideration of the 2000 levy included in the budget. This budget has been prepared on the basis that the watershed municipalities will maintain the levy levels of 1999. The general levy for our municipality is $144,946.66. The Full Authority recognizes that municipalities are facing some uncertainties as they continue with the restructuring talks. In order to assist the municipalities, the Authority has forwarded the levy figures and are notifying each municipality that the levies will be finalized at the January 20, 2000 Full Authority meeting. It is important that our municipality's comments be received prior to January 20, 2000, meeting as once the vote is taken the decision is binding. (Correspondence referred to the Treasury Department) Council Minutes - 16- January 10, 2000 COMMUNICATIONS D - 3 Correspondence from Vivian L. Ambrose, 5191 Enfield Road, Hampton LOB 1JO, providing a petition from citizens of the Mitchell's Corner area A09.CO about prayer in the Council chamber. They very much appreciate the stand that the Mayor and Councillors have taken to continue having prayer at the Council meetings. (Advise of actions taken in this regard) D- 4 Sherry Bonazza, Darlington Soccer Club Inc. President, advising Council that she is the newly elected President of the Darlington Soccer Club F I LCH (DSC) and identifying items for improvement to Clarington Soccer Fields. The Soccer Fields at Darlington have become a lifesaver for the club, as they are experiencing tremendous growth and they are much appreciated. Darlington Fields have become the premier soccer facility within Clarington and are quickly becoming a major soccer venue within Durham and the GTA, based on both District and League requests they receive for hosting events. Over the summer their club hosts various tournaments at these fields which attracts teams from all over Ontario to our community. The upcoming year sees Ontario 2000 Games coming to Durham Region, with Clarington hosting Men's Soccer. This will be an excellent opportunity to showcase the Darlington Fields. She identifies several items for improvement to the soccer fields which the Darlington Soccer Club would welcome the opportunity to discuss with the municipality. (Correspondence referred to the Director of Public Works) D - 5 Association of Municipalities of Ontario, advising that the Association of Municipalities of Ontario on November 26, 1999, passed the Association's AOLAM 2000 budget which provided that membership fees be calculated using the most current household data available from the Ministry of Municipal Affairs and Housing and that the fees rates be increased by 0% over 1999 fee rates. Our municipality's fee of $7,105.00 was based on a total of 22,136 households as reported by the Ministry of Municipal Affairs. (Correspondence referred to the Treasury Department with approval to pay the invoice) Council Minutes - 17- January 10, 2000 COMMUNICATIONS D-6 Lynn Morrow, Executive Director, Greater Toronto Services Board, advising that on December 3, 1999, requesting Council's endorsement of Oak Ridges the following resolution passed by the Greater Toronto Services Board Moraine regarding the Oak Ridges Moraine when it amended and adopted Clause AO1.GR of Countryside & Environment Working Group Report No. 4: "THAT the Greater Toronto Services Board urge the Province of Ontario to ensure that no more approvals be given to proposed development or aggregate applications going through the process for six months in the Oak Ridges Moraine, and that during that period, the Province, in collaboration with the Regions of York, Durham and Peel, the City of Toronto and other stakeholders, prepare a Policy Statement for the Oak Ridges Moraine; and as well, the Regions of York, Durham and Peel complete their Long Term Strategy for the Oak Ridges Moraine; In the alternative, the Board indicates that it expects the Province to put a policy regarding the Oak Ridges Moraine into effect immediately, using the 1994 Oak Ridges Moraine Alliance document as a basis. And be it further resolved that the Board further requests the Province to: 1. Immediately reconfirm the Provincial interest in the protection and enhancement of the Oak Ridges Moraine under the Planning Act; 2. Immediately adopt the 1994 Oak Ridges Moraine strategy as interim provincial policy; 3. Commit funds and staff resources to update the 1994 Strategy within 6 months; 4. Commit to adopt a definitive Provincial Policy Statement within 6 months; 5. Assist in the preparation of stringent performance standards to be applied to all developments and a monitoring program to measure the impacts of development on the Oak Ridges Moraine; 6. Provide a scientifically based provincial groundwater policy; and 7. Match funds that the Regions/Cities commit to the purchase of particularly sensitive areas on the Oak Ridges Moraine. Council Minutes - 18- January 10, 2000 COMMUNICATIONS And be if further resolved that the Board also requests the Province to actively participate in OMB hearings to ensure the protection of the Oak Ridges Moraine and of the Provincial interest; and That the Federal Government commit funds and staff resources to assist in the protection and management of the Oak Ridges Moraine and recognize the important role the Oak Ridges Moraine plays in the Great Lakes' water quality and quantity." Resolution #C-14-00 Moved by Councillor Schell, seconded by Councillor Young THAT the resolution of the Greater Toronto Services Board regarding the Oak Ridges Moraine, Clause 1 of Countryside Environment Working Group, Report #4 be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-7 Brad Knight, Clerk, Corporation of the Township of Grey, R.R. 93, Brussels, NOG 1 HO, advising that the Township of Grey on OMAFRA December 20, 1999, passed the following resolution: Field Offices M06.GE "WHEREAS recent announcements by the Ontario Minister of L11.GE Agriculture, Food and Rural Affairs have announced the closure of 35 OMAFRA agricultural field offices and proposes to replace the field offices with 13 resource centres, seven "co -locations" and six northern sites; AND WHEREAS the agricultural industry is presently operating in an era of low commodity prices and increasing public scrutiny and demands, the net result of which is an increasingly stressful environment for our Ontario Farmers; AND WHEREAS the impact of the agricultural industry on the Provincial economy is significant as evidenced by the fact that 1996 farm gate sales in Ontario amount to 7.8 billion; AND WHEREAS the closing of OMAFRA offices and concerns about the accessibility of agricultural information and services raises questions about the Province's commitment to maintain a significant presence in the Ontario agricultural sector; Council Minutes - 19 - January 10, 2000 COMMUNICATIONS NOW THEREFORE the Council of the Corporation of the Township of Grey hereby petitions the Minister of Agriculture, Food and Rural Affairs to cancel the reorganization of its field offices and that the Ministry should immediately commence a consultation process with agricultural organizations and interested stakeholders to ascertain the needs and requirements of our Ontario Farmers; AND FURTHER BE IT RESOLVED that copies of this resolution be circulated to municipalities in the Province of Ontario for their consideration and endorsement and that copies of their endorsement be forwarded to the Premier of Ontario. the Minister of Agriculture. Food and Rural Affairs and their local M.P.P." Resolution #C-15-00 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution of the Township of Grey regarding the closure of 35 OMAFRA agricultural field offices be endorsed by the Council of the Municipality of Clarington. "CARRIED" D- 8 Ontario Crime Control Commission, 25 Grosvenor Street, I" Floor, Toronto, M7A 1 Y6, announcing the third annual Ontario Crime Control Crime Control Commission Certificate for Excellence Program. This is an opportunity to Commission recognize the efforts of community groups, law enforcement agencies and Certificate M02.GE individuals who have led the way in preventing and combating crime in Ontario. They invite the Municipality of Clarington to nominate two individuals or organizations from our community to receive the 1999 Ontario Crime Control Commission Certificate for Excellence. They suggest that the municipality consider nominating a law enforcement practitioner or team that has made an innovative contribution to the safety and wellbeing of our community; and an individual or community group who has led a successful crime prevention initiative. They look forward to receiving our award nominations as soon as possible prior to March 1, 2000. Council Minutes -20- January 10, 2000 COMMUNICATIONS Resolution #C-16-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT the Council of the Municipality of Clarington nominate the Durham Regional Police Services, 16 Division and the Newcastle Ratepayers' Association to receive the 1999 Ontario Crime Control Commissions Certificate for Excellence in recognition of their Newcastle Village Constable Pilot Project. "CARRIED" D- 9 Pam Hillock, Deputy Town Clerk, Town of Newmarket, advising that the Council of the Town of Newmarket on November 15, 1999, passed the Chalk River following resolution: Laboratories C 10.MO "WHEREAS Newmarket Council endorsed the Resolution of the Ottawa Valley Economic Development County of Renfrew's Resolution at its meeting on November 1, 1999, regarding the impact of the end of operation of the National Research Universal reactor at the Chalk River Laboratories in 2005; WHEREAS if the existing facility if not replaced, it will result in an end to this type of research in Canada; WHEREAS the National Research Council of Canada and Atomic Energy of Canada Limited are proposing a new facility to ensure the continuation and augmentation of two critical functions now performed at Chalk River Laboratories by the existing NRU; WHEREAS the laboratory is needed for a testing facility to advance the CANDU power reactor design; WHEREAS the loss of the NRU Reactor with no replacement will have a devastating economic impact on the Province of Ontario and Canada; WHEREAS the loss of NRU Reactor with no replacement will result in the loss of Canada's brightest and best research scholars in the field of testing and hinder Canada's transition to a knowledge-based economy; Council Minutes -21 - January 10, 2000 COMMUNICATIONS WHEREAS the Atomic Energy of Canada Ltd. (AECL) is an Ontario -based science, technology, engineering and market company with commercial revenues of about $600 Million; WHEREAS the G.T.A. is home to 70 of the AECL's main CANDU Suppliers in Ontario and York Region is home to 15 of these companies; WHEREAS the new proposed facility will advance the health sciences (bio membranes, plastics, food and drugs) and could dramatically effect the future of Canada's health care system; BE IT THEREFORE RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket: THAT the Town of Newmarket strongly requests the Government of Canada to proceed with the development of the Canadian Neutron Facility at the Chalk River Laboratories. THAT this resolution be circulated to all municipalities in the Greater Toronto Area and our local members of Provincial and Federal Parliament, for endorsement." Resolution #C-17-00 Moved by Councillor Mutton, seconded by Councillor Schell THAT Correspondence Item D - 9 be received for information. "CARRIED" D- 10 Lynn Morrow, Executive Director, Greater Toronto Services Board, GTSB 1000 Murray Ross Parkway, Toronto, M3J 2P3, advising that the Greater Workshop Toronto Services Board on December 3, 1999, adopted clause 2 of AOLGR Transportation Committee Report No. 6 directing that the Proceedings of the GTSB Transportation Funding Workshop be forwarded to all Councils in the GTA and Hamilton -Wentworth for their endorsement. Council Minutes -22- January 10, 2000 COMMUNICATIONS Resolution #C-18-00 Moved by Councillor Novak, seconded by Councillor Schell THAT Clause 2 of the Transportation Committee Report #6 be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 11 Councillor John Filion, Chair, Board of Health for the City of Toronto Health Unit, advising that the Board of Health at its meeting on Mercury November 15, 1999, had before it a report (November 4, 1999) from the Emissions Medical Officer of Health providing information and recommendations on S08.PU the Canada Wide Standard (CWS) being developed for mercury emissions from coal-fired generating stations. The Board of Health adopted the aforementioned report and, in so doing, directed that this report be forwarded to all municipalities in the Province with a population of 50,000 people for information and endorsement. Resolution #C-19-00 Moved by Councillor Novak, seconded by Councillor Trim THAT the Canada Wide Standard being developed for mercury emissions from coal-fired generating stations be endorsed by the Council of the Municipality of Clarington. "CARRIED" NOTICE OF MOTION REPORTS Report #1 Resolution #C-20-00 G.P.A. Report Moved by Councillor Novak, seconded by Councillor Schell January 3, 2000 THAT the actions taken by the General Purpose and Administration Committee on January 3, 2000, be approved. "CARRIED" Council Minutes -23 - January 10, 2000 REPORTS Report #2 Resolution #C-21-00 Vicious Dog Moved by Councillor Young, seconded by Councillor Schell Declaration Abernethy THAT Report CD -03-00 be tabled to allow the Solicitor to report on the P14.AN validity of the Municipality's by-law. "CARRIED" Report #3 Resolution #C-22-00 Appointment of Moved by Councillor Trim, seconded by Councillor Mutton Inspectors HOO.HU THAT Report WD -03-00 be received; THAT the by-law attached to Report WD -03-00 be passed, amending By-laws 89-173 and 92-87 as follows: a) THAT the name "Gregg Powless" be deleted from Schedule `B' of By-law 89-173 and Schedule `A' of By-law 92-87; b) THAT Mr. Joseph Bonura be appointed as Inspector for the Municipality of Clarington effective Monday, January 10, 2000, and that his name be added to Schedule `B' of By-law 89-173; and C) THAT Mr. George Christenson be appointed as a temporary Plumbing Inspector for the Municipality of Clarington effective Monday, January 10, 2000 to Friday, March 3, 2000, and that his name be added to Schedule `A' of By-law 92-87. "CARRIED" Confidential Resolution 4C-23-00 Reports Moved by Councillor Mutton, seconded by Councillor Schell THAT Confidential Report ADMIN -6-00 and Confidential Report SOLIC-1-00 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Council Minutes -24- January 10, 2000 REPORTS Report #6 Outsourcing of Tax Bills F22.TA Resolution #C-24-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT Report TR -02-00 be received; THAT the quotation for the printing, folding, inserting and mailing of tax bills from Cover -All Computer Services Ltd., Markham be accepted; THAT pending satisfactory service from Cover -All Computer Services Ltd., the existing mailing, folding and inserting equipment be sold as surplus equipment in accordance with the Purchasing by-law; THAT the By-law marked Schedule "A", attached to Report TR -02-00, authorizing the Mayor and Municipal Clerk to enter into the necessary agreement be approved. "CARRIED" Resolution #C-25-00 Moved by Councillor Novak, seconded by Councillor Young THAT the Confidential verbal report of the Chief Administrative Officer regarding a personnel matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-26-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:15 p.m. Council Minutes -25- January 10, 2000 REPORTS Resolution #C-27-00 Moved by Councillor Young, seconded by Councillor Schell THAT Report CD -03-00 be lifted from the table. "CARRIED" Resolution #C-28-00 Moved by Councillor Novak, seconded by Councillor Young THAT Report CD -03-00 be received; and THAT the vicious dog declaration served on Colin Abernethy be upheld. UNFINISHED BUSINESS BY-LAWS "CARRIED" Resolution #C-29-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT the delegation of Libby Racansky be referred to the Director of Planning and Development for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Libby Racansky be advised of Council's decision. "CARRIED" Resolution #C-30-00 Moved by Councillor Schell, seconded by Councillor Novak THAT leave be granted to introduce the following by-laws and that the said by-laws be now read a first and second time: 2000-01 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Petro -Canada) Council Minutes -26- January 10, 2000 BY-LAWS OTHER BUSINESS 2000-02 being a by-law to amend By-law 92-87, a by-law to Appoint Plumbing Inspectors for the Municipality of Clarington 2000-03 being a by-law to amend By-law 89-173, a by-law respecting the appointment of a Chief Building Official and Building Inspectors for the Municipality of Clarington 2000-04 being a by-law to amend By-law 83-83, as amended, a by-law to constitute a Committee of Adjustment for the Municipality of Clarington pursuant to the Planning Act 1983 2000-05 being a by-law to enter into an agreement between the Corporation of the Municipality of Clarington and Cover - All Computer Services Ltd., Markham, Ontario, to outsource the tax bills "CARRIED" Resolution #C-31-00 Moved by Councillor Schell, seconded by Councillor Novak THAT the third and final reading of By-laws 2000-01 to 2000-05, inclusive be approved. "CARRIED" Councillor Mutton thanked Mayor Hamre and Staff for their work in putting together an excellent levee which was held on January 9, 2000. Mayor Hamre provided an overview of the Governance Issue and advised that following the Regional seminar scheduled for January 10 and 11, 2000, the Regional Chair will be visiting the various Councils and updating them on this very important issue. Council Minutes -27- January 10. 2000 OTHER BUSINESS "Closed" Session of Council Resolution #C-32-00 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting be "closed" for the purpose of discussing personnel matters and a legal matter. "CARRIED" Resolution #C-33-00 Moved by Councillor Mutton, seconded by Councillor Young THAT the actions taken during the "closed" session of Council, with the exception of Item 2.6 of Confidential Report SOLIC-1-00 be ratified. Councillor Schell stated a declaration of pecuniary interest during the "closed" session of Council and refrained from discussion and voting on the following matter and the confirming by-law. Councillor Schell indicated that Section 2.6 of Confidential Report SOLIC-1-00 directly relates to his employer Blue Circle Canada Inc. Resolution 4C-34-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT the actions taken during the "closed" session as they relate to Section 2.6 of Confidential Report SOLIC-1-00 be ratified. "CARRIED" CONFIRMING BY-LAW Resolution #C-35-00 Moved by Councillor Trim, seconded by Councillor Novak THAT leave be granted to introduce By-law 2000-06 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 10th day of January 2000, and that the said by-law be now read a first and second time. "CARRIED" Council Minutes -28- January 10, 2000 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-36-00 Moved by Councillor Trim, seconded by Councillor Novak THAT the third and final reading of By-law 2000-06 be approved. "CARRIED" Resolution #C-37-00 Moved by Councillor Young, seconded by Councillor Novak THAT the meeting adjourn at 9:00 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE JANUARY 24, 2000 CORRESPONDENCE FOR INFORMATION I - 1 Minutes of the Blue Circle Cement Community Relations Committee dated November 15, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) 1-2 Minutes of the Bowmanville Museum Board dated December 8, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I — 3 James M. Flaherty, Attorney General, Minister Responsible for Native Affairs, providing us with an update to his August 31, 1999, letter on the status of the Provincial Offences Act (POA) transfer. This government is committed to strengthening local justice. The Streamlining of Administration of Provincial Offences Act moves justice issues that have a local impact to the control and accountability of local authorities. The transfer of responsibilities under the POA to municipalities is progressing well. Currently, there are over 110 municipalities participating in the POA transfer, as part of a total of 13 municipal POA operations. These municipal operations are up and running, delivering POA services and collecting POA -related fine revenue for their communities. Mr. Flaherty is pleased to tell us that all of the POA demonstration sites are now in operation and available to assist other municipalities preparing for the transfer. The ministry continues to receive submissions from municipalities interested in assuming responsibilities for POA functions. Ministry staff are working with a number of sites and transfers are currently scheduled from now until March 2000. He is encouraging other municipalities to make their submissions at any time. The ministry's next quarterly review date is March 17, 2000. (Receive for Information) 1-4 Minutes of the Local Architectural Conservation Advisory Committee dated November 16, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) Summary of Correspondence - 2 - January 24, 2000 I - 5 The Visual Arts Centre of Clarington, P.O. Box 52, 143 Simpson Avenue, Bowmanville, LIC X8, advising that rubber, cement, metal and fabric are used both thematically and in actuality to create four new works of art to issue in the new millennium. The artists, Jane Eccles, Ron Eccles, Steve Frank and Heather Rigby have been working with members of our business and industrial community, who have provided both materials and financial support. The project will celebrate a connectedness, where support from the community not only assists individual artists but builds alliances and mechanisms between art and industry at a material, psychological and philosophical level. (Receive for Information) 1-6 Central Lake Ontario Conservation Authority, issuing a warning to parents that skating is not encouraged on creeks and ponds in CLOCA Conservation Areas. The ice is not suitable for skating because there may be dangerous thin sections especially on slow moving creeks and areas of marshes. The Authority has posted signs in the Conservation Areas that skating is not allowed to protect the public from these hazards. (Receive for Information) 1-7 Ontario Power Generation, providing the Municipality with a performance report card that measures the effectiveness of the Darlington Nuclear Plant. (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) I - 8 Willie Woo, 20 Foster Creek Drive, Newcastle, LIB IG2, advising Council of the activities that were held on January 1, 2000. As we began the Millennium, January 1", 2000, Clarington was the place to be and in particular Newcastle Beach as the 151 Annual Clarington Polar Bear Swim was held. An estimated crowd of over 400 people came from such destinations as Whitby, Oshawa and all comers of the Municipality of Clarington to participate or cheer on the 22 brave souls who took the Baptism of the Millennium or icy plunge into Lake Ontario. While this is suppose to be a fun event, there are inherent risks and dangers swimming in water at a bone chilling 36 degree Fahrenheit. He would like to express his sincere gratitude to the members of Clarington Fireball Station #2 led by District Chief Alf Alldread and the members of the City of Oshawa Marine Rescue Association led by Captain Rob Platt, who volunteered their time to ensure that in the event of an emergency, the situation would be capably handled. Fortunately, everything went off without a hitch. Everyone had fun and the dippers will have lots to talk about and memories to cherish about how they brought in the New Year. The Clarington East Food Bank was the recipient of the overwhelming generosity by the attendees. Mr. Woo, also would like to promote the idea of organ donation and donor cards were available to those who wish to "Give the Gift of Life." (Receive for Information) Summary of Correspondence -3 - January 24, 2000 I - 9 The Durham Regional Police Service in conjunction with the Town of Whitby, OWASCO and Pickering Volkswagen, advising as part of the Whitby 2000 Millennium activities and in support of Whitby Involved in Neighbourhood Safety Program (W.I.N.S.), VW Canada, Owasco and Pickering Volkswagen and the Town of Whitby have donated a 2000 Volkswagen "Bug" to the Whitby Community Police Office. This vehicle is a fully marked and equipped Durham Regional Police vehicle. The "W.I.N.S. Wagon" is to be used at community events to promote the W.I.N.S. Program during the next year. The purpose of the Whitby 2000 Millennium Program is to promote and inspire the positive and enthusiastic participation of Whitby residents, community organizations and groups, in recognizing and celebrating the Year 2000 and the new millennium. The goal is to build community-based activities, events and lasting legacy programs during the year 2000. (Receive for Information) 1- 10 Denis Kelly, Regional Clerk, The Regional Municipal of York, forwarding, for our information, Clause 5 of Report No. 13 of the Regional Planning Committee, regarding the Oak Ridges Moraine - Towards a Long -Term Strategy, which includes a reference to various communications and deputations which were made before their Planning Committee on December 1, 1999. (Receive for Information) I - 11 Earl S. Cuddie, Administrator -Clerk, Township of Scugog, regarding the closure of Agriculture Field Office in Port Perry. The local office in Port Perry has been instrumental in ensuring that the agricultural community and the residential/commercial part of the municipality co -exist. The local field office provides consultation and advice to the municipality through the planning process which allows the municipality to focus on liveable and efficient communities while protecting the farming community. Port Perry is in a very unique position, in that it is located on the east side of the GTA and is able to provide a substantial service are for the field office to operate. There is increasing pressures on local Council for residential/recreational development. These pressures have always been addressed with sound strategic advice to recognize the farming community in partnership with the municipality through the field office staff. Mr. Cuddie is urging the Honourable Ernie Hardeman to reconsider his decision and reinstate this fundamental service to the agricultural community in Port Perry. (Receive for Information) Summary of Correspondence - 4 - January 24, 2000 1- 12 The Awards Committee, Recycling Council of Ontario, 489 College Street, Suite 504, Toronto, M6G 1A5, calling for nominations for the 1999 Ontario Waste Minimization Awards. RCO is proud to announce the 1999 Ontario Waste Minimization Awards program. Recognizing businesses, municipal governments, organizations and individuals, the 16a' annual presentation of these awards will take place on Monday, April 17, 2000 at the Markham Theatre. To promote environmental sustainability and stewardship beyond just reducing garbage, RCO has created new award categories in 1999 and broadened its nomination criteria to recognize outstanding environmental management systems and individual efforts. The winners and finalists of RCO Waste Minimization Awards are society's leaders, the people and organizations that are setting the environmental standards of the future. (Receive for Information) I - 13 Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation, reporting that the decision on the appeal of the 1999 Kawartha Conservation budget has been received. The Deputy Commissioner, Ms. Dianne Sutter, supported the position of Kawartha Conservation. (Receive for Information) 1- 14 Leonie Smith, Fundraising Assistant, Alzheimer Society, requesting that the Municipality of Clarington, organize, amongst our colleagues a coin drive on their behalf. Throughout the year, Alzheimer Durham will be focussing on a new audience - baby boomers. For years they have been educating the public regarding the projected three -fold increase in Alzheimer Disease and related dementia cases. For the year 2000 and beyond, they will be working hard to inform baby boomers, who will make up the lions share of this projected increase, about Alzheimer Disease and soliciting their support. The monetary and other types of support that they gain from this segment of the population now can reduce the impact of Alzheimer Disease in their lives and the lives of their aging parents in the future. Beginning this month they will be launching the Millenium Coin Drive. Their goal is simple: to raise 2000 of each coin denomination for a total of $6,820. (Receive for Information) Summary of Correspondence - 5 - CORRESPONDENCE FOR DIRECTION January 24, 2000 D - 1 Elly Macmaster, Community Relations, Big Brothers of Clarington, 23 Scugog Street, Bowmanville, LIC 3H7, requesting that the week of February 18 - 26, 2000, be proclaimed "Bowl for Millions Week". They also are requesting to fly the Big Brothers flag at the Municipal Centre in Bowmanville during this campaign. If Council permits, a convenient time to hold the flag raising ceremony would be Monday, January 31, 2000, at 9:00 a.m. This would allow time for the media to publicize "Bowl for Millions Week" well in advance. (Big Brothers of Clarington is holding their annual "Bowl for Millions" fundraising campaign during this week). (Motion to Proclaim and grant permission to fly the flag at the Municipal Administrative Centre) D-2 Lisa McCoy, Area Manager, Durham East, Heart and Stoke Foundation of Ontario, requesting the month of February, be proclaimed Heart and Stroke Month. They are also wondering if Mayor Hamre would be willing to conduct an official flag -raising ceremony during the first week of February. If possible, they would like to request that this take place on either the first or second day in February. (Motion to Proclaim and grant permission to fly the flag at the Municipal Administrative Centre) D - 3 Residents of Tyler Street, Mitchell's Corners, requesting that their ditches and roads be repaired. Tyler Street is a top coat of asphalt on gravel which was done approximately 25 years ago. Every spring there is a sweeper machine sent to their street and all this accomplishes is to dig up loose asphalt and spray it on their yards. This past Fall, a crew was sent out and dug up some ditches. This was not done properly and there was no grass placed and seed planted too late and not evenly. Several residents contacted the municipality with their concerns over the poor job and they feel misuse of their tax dollars. They understand that their road was slated for repairs approximately 10 years ago but it was decided to build a proper road for Ross McMaster, a farmer who was using their street with his farm equipment. They are still waiting 10 years later and would like this problem addressed. They would also like to bring the municipality's attention to Bradley Street and the repairs there. This is a street with the culverts buried and a proper street. They do not want their ditches dug any more. (Motion to refer correspondence to the Director of Public Works) Summary of Correspondence - 6 - January 24, 2000 D-4 Residents of Mitchell's Corners, requesting the installation of street lights. Their Neighbourhood Watch believes that the street lights would be an obvious deterrent to the numerous break ins and thefts in their community. They also have an increase of traffic and with the narrow road with ditches makes it hard for vehicles to see their walkers. They are also aware, as promised by Councillor Jane Rowe, that they will not incur a tax increase due to the installation of the street lights and their municipality will issue the funds for the project. (Motion to refer correspondence to the Director of Public Works) D - 5 Pamela Quirk, Coordinator, Fund Raising Events, Super Cities WALK for MS, asking permission to hold the 2nd annual 2000 Bowmanville Super Cities WALK for MS in the Town of Bowmanville on Sunday, April 16, 2000. The Super Cities WALK for MS is a one day major fund raising event involving 105 cities across Canada. The funds raised help provide services for those in Bowmanville living with multiple sclerosis, as well as fund research initiatives into the cause and cure of the disease. Multiple sclerosis is the most common disease of the central nervous system affecting you%Canadians today. The Bowmanville WALK is scheduled to begin on April 16 at 8:00 a.m. and finish by 3:00 p.m. All routes will begin and end at the Bowmanville High School. All participants will be using sidewalks and will obey all traffic laws. (Motion to approve provided the applicants apply for and obtain a road occupancy permit from the Public Works Department) D-6 Chris Tysiaczny, Senior Consultant, Information Manager and Economics, Inc., 212 King Street West, Suite 500, Toronto, M5H i K5, regarding a study that they are conducting on behalf of the Government of Ontario. They have been asked to develop a comprehensive inventory of Information Highway Projects being developed and implemented by local communities, not-for-profit organizations, the education sector, health institutions and research and development communities within the public sector. For the purposes of this study, "Information Highway Project" refers to the innovative use of information and telecommunications tools and infrastructure to collect, use and share information, support local economic development, deliver public services, or engage in research and development activities. They are very interested in ensuring that our organization has an opportunity to report any information highway initiatives in which we may currently be engaged. Mr. Tysiaczny would appreciate it if we could provide him with a contact person that can assist them in this study. (Motion to refer correspondence to the Chief Administrative Officer) Summary of Correspondence - 7 - January 24, 2000 D - 7 Association of Municipalities, forwarding correspondence from Judy A. Kay, Clerk -Treasurer, Township of Colborne, R.R. #5, Goderich, advising that the Township of Colborne passed the following resolution: "THAT, in light of the numerous and increasing number of manure spills, the Council of the Township of Colborne hereby petitions the Government to take action and bring into effect an enforcement act similar but not limited to that of the Petroleum Handling Act according to which authority is provided that in addition to the Owner being held responsible, such person(s) and/or companies acting in the capacity of Handler, Custom Operator, Contractors, etc. would be held responsible and liable for any such actions and that any/all spills would require to be reported and dealt with immediately as to prohibit the pollution of beaches, wells and/or any other forms of waterways and further than the Government allocate sufficient funding to ensure that the effective enforcement of any such legislation is carried out and further that this resolution be circulated to all municipalities in Ontario for support." (Motion for Direction) D - 8 Hazel McCallion, Mayor, City of Mississauga, advising that she has received some information from Ottawa that the budget which is coming down from the Federal Government is going to deal with highways but that transit may not get the priority that it should. Mayor McCallion is recommending that we contact our local MPs and emphasize that there is an urgent need for transit in the GTA and that we want it addressed in the budget. The pressure for the priority being given to highways is coming from the western mayors, especially considering Vancouver receives revenue from the fuel tax and so do the cities in Alberta. Alberta municipalities are receiving 3 cents per litre and this will increase to 5 cents per litre. Therefore the western Mayors are really pushing the Federal Government to give the major share of funding to highways. It is urgent that we bring pressure to bear on our MPs to make sure that transit is given equal treatment in whatever funding is allocated by the Federal Government for transportation. (Motion for Direction) COUNCIL INFORMATION NOTES OF MEETING Blue Circle Cement ,JAN I I Community Relations Committee Date: Monday November 15, 1999 Time: 6:00 p.m. Place: Blue Circle Cement Technical Centre Attendance: David Ashcroft, Port Darlington Community Association Mavis Carlton, Port Darlington Community Association Lynn Davidson, Blue Circle Cement Carol Chisholm, Blue Circle Cement Frank lerfino, Municipality of Clarington Cynthia Strike, Municipality of Clarington Anthony Skinner, Aspen Springs Community Association Guest: Bin Newell, Municipality of Clarington Absent: Peter Graham, Blue Circle Aggregates Kathlynn Hoch, Aspen Springs Community Association 1, Introduction and Welcome 2. I-1 12 52 PM '00 + URfvn�1,QL L cov' eft L. Davidson introduced Bin Newell, Manager of Community Planning from the Municipality of Clarington. Bin joined the Municipality of Clarington from the City of Kitchener, and brings with her experience in community planning. Review and Adoption of Previous Notes The Notes from September 201h, 1999 were adopted. 3. Issues Arising from the Notes Dock Berm Lynn was to provide a cost estimate for landscaping on the dock berm to the Municipality so that the existing Letter of Credit could be reduced. Apparently a letter was prepared but was not received by the Clarington Planning Dept. Lynn will forward another letter to Cynthia's attention. Gate for Haul Road F. lerfino provided a design for a gate on the haul road. It is relatively inexpensive and can be easily broken down in case of emergency. Dostie's Address The Municipality will initiate the process to change the Dostie's street address. This will likely occur in the new year. Pot Holes Potholes are reappearing on the haul road. The Public Works Department has not fixed the potholes given the haul road will not be needed for too much longer. However, it there is some delay in the opening of the Cove Road bridge, the Works Department will reconsider repairing the haul road. Independent Noise Studv Lynn did pass on the information from the noise study to G. Gies as requested. 4. Property Issues on Cedar Crest Beach Road i) David asked if the properties owned by Blue Circle would be maintained. Lynn noted that improvements to properties that are currently being rented, is the responsibility of the tenant. ii) There are a number of vacant lots adjacent to the dock that is owned by Blue Circle. Blue Circle has put concrete barricades to prevent people from entering the property. Residents of Cedar Crest find the barricades unattractive. Lynn will recommend that the barricades be replaced with limestone boulders. ACTION: David will discuss with PDCA, to see if this solution is acceptable ACTION: Lynn to discuss removal of concrete barricades and replacement with limestone blocks, after PDCA's comments are received. iii) There has been a considerable amount of brush dumped at the corner of Watson's Drive and Cedar Crest Beach Road. Lynn does not think it is on Blue Circle's property. ACTION: Cynthia to investigate property ownership and find out where the brush came from. iv) A number of residents have been parking on the north side of Cedar Crest Beach Road. The north side of the road is generally owned by Blue Circle Cement. These individuals would like to know whether they can continue to park their vehicles on the lands when they are transferred to CLOCA Cynthia noted some individuals may have title to the lands on the north side and it should be confirmed through the survey currently being prepared by Blue Circle. In addition, the lands on the immediate north side will be used as part of the fisheries compensation plan, which is required for the creation of a trench for fish spawning. The trench will be fenced off to keep people out. This may also effect the amount of land people can park on. ACTION: Carol Chisholm will confirm with Wilson Little that the surveyor will review property ownership on the north side of Cedar Crest. ACTION: Cynthia will ask CLOCA how they will handle the property ownership issue, once the lands are transferred. 5. Update on the Bridge Construction and Cove Road Reconstruction Frank reported that the bridge would likely be complete in two weeks. Cynthia noted that the bridge would be opened once the Closing Date as per the Principles of Understanding becomes effective. The Closing Date will be triggered once all the agreements related to the diversion channel have been finalized and the monies are paid to the municipality for the bridge construction. Both parties recognize that the people are anxious to use the bridge and are working diligently to move the process along so the bridge can be dedicated as a public highway and used by the residents. David reported that residents of Cove Road are concerned with the grade of Chapel Road as it meets Cove Road. The owner of Chapel Road did not want any alternation of Chapel Road. This resulted in a steeper grade (12%) at the intersection rather than the 8% it was designed at. Residents are concerned that if Chapel Road is icy, it will make it difficult to turn onto Cove Road, and there is a greater probability for an accident. 6. Realignment of Westside Creek Within one year of the Closing Date, construction of the diversion channel for Westside Creek will begin, anywhere from the spring 2000 to 2001. 7. Schedule of Overburden Removal Overburden stripping will resume in December 1999 to May 2000. Valleau Construction will commence overburden stripping on Dec. 1, 1999, north east of the existing quarry and behind the Technical Centre. The material will be used to top up the existing berm between Waverly Road and the haul road, and fill for the dock expansion. The CBM aggregate operation will be relocating to the west side of Blue Circle's operation next year. Site preparation will begin in the winter 2000 and the site will be in operation by Spring 2001. 8. Dock Expansion The dock expansion is underway. The outside cell is currently being built. The dock will be completed in 2003. A fish shoal will be constructed as part of the fisheries compensation plan required by Dept. of Fisheries and Oceans. The shoal will be built east of the existing dock and will be situated deep enough for freighters to pass over. It should be complete in July or August and it will monitored by students from Trent University for its effectiveness. 9. Mobile Air Monitor The Ministry of Environment's Mobile Air Monitoring unit will be dispatched in the spring, 2000. It will measure emissions in the area and determine the type and amount of particulate matter which orginates from Blue Circle. David asked if anyone knew where the monitor would be located and what it would be monitoring. ACTION: Cynthia will find out what the Ministry will be measuring and from what locations. 10. Representation of Aspen Springs Community Association David and Lynn, as co-chairs had sent a letter to Kathlynn Hoch regarding her interest in remaining on the Community Relations Committee representing the Aspen Springs Community Association. Kathlynn did not respond to the letter. ACTION: Lynn and David will prepare a letter to Kathlynn thanking her for her past participation. See attached. ACTION: Anthony will approach the Community Association and ask them to appoint another member. 11. Other Business Lynn noted that Blue Circle will be conducting noise and dust studies on an occasional basis, particularly if there are operational changes. Blasting reports are produced on a regular basis and are available for public viewing at the Municipality's Clerk's Department. Lynn and David will prepare an outline of the presentation to Council. It is attached to these minutes. The presentation will be discussed at the next meeting. 12. Next Meetings Date: Monday January 10, 2000 Time: 6:00 p.m. Place: Blue Circle Cement Technical Centre Notes of Meeting prepared by C. Strike Adopted by Committee January 11, 2000 COUNCIL MINUTES OF THE HOWMANVILLE MUSEUM BOARD DECEMBER 8"'. 1999 PRESENT: L. Paradis; C. Morgan; S. Leetooze; W. Fehn; M. Novak C. Taws; E. Logan REGRETS: A. Bark; T. Tufts; G. Ashton; J. Schell; D. McKenzie I-2 The meeting was called to order at 7:00pm by the Vice -Chairman, Larry Paradis. 2. Motion - to adopt the agenda as presented. Moved by C. Morgan 2nd M. Novak carried 99-11.7.4 ................... 3. Motion - to approve the November 10th, 1999 Board Meeting Minutes with a correction to Motion 99-D-22: Clayton Morgan voted against the [notion. Moved by M. Novak 2nd C. Morgan carried 4. BUSINESS ARISING; Free Fall Charles reported that 40 visitors attend the Free Fall held on Friday, November 12', 7- 9pm. Warner provided the music on the Dominion piano and we served refreshments. New Part Time Guide Arnold Bark and Charles completed the interviews and hired John Stewart. He is retired and lives at Wilmot Creek. Millennium Proposal The secretary contacted the Millennium Bureau re the Museum's rejection for a grant. She was informed that we had been working from the old information booklet and that an updated booklet was issued outlining additional criteria. A discussion was held on other grants available. Charles will inquire with Ministry and report back. Christmas Open House Charles reported that we had 340 visitors during our Christmas three day Open House. Warner Fehn, Ross Metcalf and Janet McGregor performed the entertainment. The Teddy Bear Connection displayed and sold their bears on the Friday evening. Pat Marjerrison, Margaret Williams and Dorothy Kelly served the refreshments on Friday evening, the Board served on Saturday and the "Friends" served on Sunday. A very successful Open House. Page 2 Dec 8/99 Minutes Estimate for painting gallery An estimate for $550 to paint the gallery was received from Norm Grawert. Motion - to proceed with painting the gallery, cost $550. — Moved by C. Morgan 2nd W. Felin carried .................. .................. Volunteer Pins Deferred to the next Board Meeting. 5. CORRESPONDENCE: Motion - to accept the correspondence for information. Moved by W. Felin 2A M. Novak carried 99=Ti # G. PRESENTATION OF NOVEMBER 1999 BILLS: Motion - to acknowledge payment of the November 1999 bills as presented in Section 3. Moved by M. Novak — 2 n C. Morgan carried 99-D Z 7. FINANCE & PLANNING COMMITTEE REPORT Motion - to approve the Finance Committee Report as presented. Moved by S. Leetooze 2nd W. Felin carried 99 WO ..................... .................... COLLECTIONS COMMITTEE REPORT: Motion - to accept the Collections Committee Report for information. — Moved by S. Leetooze 2nd W. Felin carried PROPERTY COMMITTEE REPORT: The secretary reported that the light on the Potting Shed has been repaired and is working. A new hot water tank has been installed. A new floor was laid in the bathroom. A discussion was held on the office floor and it was agreed that it needed replacing. Motion - to get nn estimate to install new floor and paint the secretary's office, also to receive a separate estimate to install a new desk and shelving. Moved by C. Morgan ..................... — 2nd S. Leetooze carried WD 3 ................. . Page 3 Dec 8/99 Minutes Motion - to accept the Property Committee Report for information. Moved by S. Leetooze 2nd W. Felin carried 99 D.3 ...................... 8. CURATOR'S NOVEMBER 1999 REPORT: The Curator reported 1,010 visitors to the Museum during the month of November. A discussion was held on staying open on Sundays during the months of January, February and March this year. It was agreed that Val should keep a record of visitors, phone calls, etc. to see if it would be worth it to stay open next year. Motion - to stay open on Sundays during January, February and March this year as a trial period. — Moved by C. Morgan 2nd W. Felin carried 99 D 3 ...................... .................. Motion - to accept the Curator's Report for information. — Moved by W. Felin 2 nd M. Novak carried 04 9. FRIENDS OF MUSEUM REPORT: The Friends reported that they did made approx $1,100 at their Craft and Bake Sale on November 20th. The Friends decorated the Museum on December l" and 2"d and served refreshments at C the Museum Open House on Sunday, December 5'h. They will take down the decorations on the 17". 10. Motion - to adjourn at 8:15pm. — Moved by L. Paradis carried 99 D 35 ............................ .......................... ............................ ..... ............... BOWMANVILLE MUSEUM BOARD CURATOR'S REPORT DECEMBER 1999 Dec. 1: Put Christmas Tree up. Doris Falls decorated the tree. "Friends" in to decorate. Dec. 2: Picked up large book donation for sale from Janet Dennis. Dec. 3: Hot water tank was leaking. I gave a short speech at Tree Lighting Ceremony. Edwardian Christmas Open House in evening, 7-9pm. Warner Felin played the piano. Teddy Bear Connection sold and exhibited their bears. 200pp. Dec 4-5: Edwardian Christmas Open House, 1-3pm both days. Ross Metcalf provided music on Saturday and Janet McGregor on Sunday. "Friends" supplied refreshments on Sunday. 150pp. Dec. 6: New water tank installed. Evening Tour, 14" Bowmanville Brownies, 28pp. Dec. 7: Christmas School Tour, Vincent Massey, 28pp. Christmas School Tour, Central School, 30pp. Evening Tour, 12' Bowmanville Sparks, 20pp. Dec. 8: School Tour, Central, 33pp. Met Helen Schmid to discuss possible donation of shell collection. Dec. 9: Christmas School Tour, Vincent Massey, 35pp. Christmas School Tour, Central, 8pp. Dec. 10: Christmas School Tour, Newcastle Public, 35pp. Christmas School Tour, Vincent Massey, 29pp. Dec. 11: Wedding Photos, 15pp. Dec. 12: Wedding at Museum, 40pp. Dec. 14: Christmas School Tour, Vincent Massey, 28pp. Christmas School Tour, Kirby Public School, 45pp. I gave a talk on Christmas Traditions for "Daytime" show on Durham TV. Evening Tour, 9" Mill Pond (Hampton) Brownies, 28pp. Met Rev. Toni Gracie re possible donations. Dec. 17: "Friends" took down decorations. Dec. 18: Wedding Photos, 15pp. Wedding Photos, 45pp. The Christmas School Programme was very successful this year, and I would like to thank Doris Falls for her help and Mary Ruth Moore, Janet McGregor, Janet Rice, Mary Hunt and Dorothy Payne for volunteering to provide the music. Charles D. Taws Curator. Page 2... Sectiali Curator/Dec 1999 1998 1999 Adults 10 $20.00 Adults 6 $18.00 Family (1) 4 $4.00 Family (1) 4 $7.00 Children 2 $2.00 Children 52 $104.00 Seniors 14 $14.00 Seniors 1 $2.00 ADMISSIONS 30 $40.00 ADMISSIONS 63 $131.00 DOOR DONATIONS $176.98 DOOR DONATIONS $130.81 UNPAID VISITORS 758 UNPAID VISITORS 1,150 MEMBERSHIP / WEDDING VISITORS ti1l5.1�HP1�l.,w„n�lJ!h. !1! !SNff.A<S.HAfS!!.N! YAIZ It,DA 421 Atl:1�.Ry,A�lala,.,x.w. w.,y,A,R!: x�aw„w 9366 MEMBERSHIP / WEDDING VISITORS +!.V,I.yaw.a�EN.ay.•<.w,Aw.y.AlIFU. Md� 386 1�.H art YEr(17A 11,001 OUTREACH 1.000 OUTREACH 850 C[1F4II�IMATION I-4 TUESDAY, NOVEMBER 16, 1999 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON MEMBERS PRESENT: Janie Dodds Linda Kiff Nancy Miller David Jenkins Mavis Carlton Steven Cooke Bill Paterson Jeff Brooks Vic Suppan Councillor Jane Donna Naulls-Ruttner (New Member) Isabel Dekking - Liaison, Planning REGRETS: Simone Georges I;I ,J1 52 PM '00 �Fkr, A ACA, By ...-. Chair Janie Dodds opened the meeting and introduced the new member on LACAC, DonriaNaullls Ruttner. ADOPTION OF MINUTES 99-37 Moved by Steven, Seconded by Bill, that the Minutes of October 19, 1999 be adopted as circulated. CARRIED BUSINESS ARISING Demolition of "Mal2lecliff Janie advised that there had been many phone calls about Hydro preserving this house but the present status is unknown. Janie reported that the BIA has proposed a sign: Historic Bowmanville, on Highway 2 at the west entrance to Bowmanville . 99-38 Bill moved that Clarington LACAC commend BIA for their recommendation and that we favour the background being brick -red colour with the printing in three-dimensional shadow type in keeping with the signage of the 1800s. Seconded by Steven. " 1. Minutes LACAC Meeting, November 16, 1999 Bowmanville Book Page 2 Isabel commented that regrettably the material was not available by November 1 and the book would not be ready for Christmas. There have been discussions about the cover and the final decision will be made by David Crome and Jennifer Cooke. Jane commented that special binding and cover may entail more cost and the proposed number of books may not be printed. Jane commended municipal staff: Isabel, Jennifer and David for their work on the project. Review of Primary List of Buildings This review must be finished as soon as possible. Members were requested to drive by the properties to ensure that they are still worthy of being included. Notes should be made about each building. Review of listed buildings in Clarke is just about finished. Bill and David to review those in Darlington south; Nancy and Linda those in the north part of Darlington. Bowmanville: Jeff, Steven, Mavis, Donna and Jane. Lists to be returned to Isabel for updating Trades Pamphlet. Review of information shows that most owners just reference the trades people used. FINANCIAL REPORT 99-39 Linda advised that the balance as of October 9 was $7,257.47 with no outstanding accounts and moved adoption of her report as given. Seconded by Steven. CARRIED CORRESPONDENCE Janie advised that Mary -Lou Evans was no longer LACAC adviser. Her replacement, effective November 8 is John Ota. A workshop in Guelph in 2000 is planned at a cost of $700 each. On April 28-30, 2000 in Niagara on the Lake there will be a weekend tour: Heritage Expression. NEW BUSINESS Jane advised that the Federation of University Women meeting on January 12, 2000 may be of interest to LACAC members. The speaker is Sybil Lynde Sterling. All are welcome at 7:30 p.m. following the business meeting, Childrens Aid Building, 555 Rossland at Stevenson. Minutes LACAC Meeting, November 16, 1999 Page 3 Picture Boards. Two picture boards of 8 pictures each - these should be completed - negatives are required. Area Desi nation. Janie advised that Bowmanville Councillor Schell is meeting with a few residents of Concession, Beech, Centre, Lowe and Wellington Streets regarding their concerns about the area. Janie will also attend as an area designation is a possibility. Jane commented that our finances could be used towards area designations, Orono Community Hall, education purposes, etc. Perhaps any future fund-raising projects should specify the use to which the funds will be put. House Tour. The Tyrone Church members have been most helpful. Homeowners met at Archibald's Orchards. More musicians are needed. Tickets are being sold at several places: Book Studio, Bowmanville 35 Luke's Oshawa 4 Luke's Port Perry ? Newcastle House 4 Marty's 2 Archibald's 13 Empire 2 A Flyer had been distributed to homeowners north of Taunton at a cost of about $300. Church members are selling tickets and LACAC members should be doing the same. Bill Paterson handed out tickets to LACAC members and will keep track of their ticket numbers and sales. These should be returned to him the day before or early on November 28 before the opening of the "at the door" sales. There being no other business, David moved adjournment of the meeting. Next Meeting: 7:00 p.m. Tuesday, January 18, 2000 Newcastle Community Hall 0 ARIOr E COUNCIL INFORMATION NOVEMBER 1999 GENERATION I_7 REPORT CARD Darlington Nuclear PERFORMANCE REPORT CARDS are published monthly by Ontario Power Generation to measure the effectiveness of its operations. The performance of Ontario Power Genegq(jo nudAlRtl evaluated against nuclear industry standards. Note: Performance listed worse than target lCf'9io n ! ca o ha ¢actors are unsafe. Nuclear Performance Index The Performance Index is an overall nuclear index based on nine performance measures used Nuclear Performance Index by the World Association of Nuclear Operators. The nine performance measures included in this 184 91.] index are: K Capability Factor Unplanned Capability Loss Factor Reactor Trip Rate a,ITT_; Safety System Performance Thermal Performance Fuel Reliability 4 _ 734 71.5 rr.lun; et tit yxlmxet wo Actual Target ,;; Chemistry Performance Collective Radiation Exposure Industrial Safety Accident Rate E 50 23.1 21 0 Better than targe[ `a N'9s The Performance Index is calculated and reported quarterly. The Q3/99 Performance Index Was r it 82.8 74.6 S9.0 73.4, which is better than the tarter of 73.2 and represents a 6.5 point increase over the Q2/99 a 39.7 42.5 Better than target result. A V Z Q Performance Indicator rrrmk�nits Q3/99 Q3/99 Performance (Units) 97 98 YlU Q199 Mrdm Actual Target ro7ru Nuclear Performance Index (Out of 100) (Nine standard 73.4 73.2 Meets Public Safety The number of Public Safety Level 1&2 Events was worse than target. There were no Public Safety Level 2 events in November, but there was one Station Personnel Safety Level 1 event, involving a failure in the Moderator Cover Gas oxygen addition pipe, resulting in a personal injury. All other Public Safety indicators either met or were better than target. Performance Indicator (Units) Public Safety Level I mad Level 2 AECB Reportable Events• (0) Reactor Trip Rate (917,000 tars critical) (The number of unplanned automatic reactor shutdowns) (see chart) Special Safety System Performance (sys/stn) (The number of special safety systems which exceeded they )early unavailability targeri AECR Commitments Met I%) (Compliance to a nuclear safety commitment to the AECB) Production Performance All Production indicators were better than target. Performance Indicators (Units) Net Electrical Production (TWh) (The electrical energy generated mins station needs) Capability Factor (%) (Amount of energy capable of being produced per month as a percentage of perfect performance, assuming no external constraints, e.g... transmission Imurahons) (see chart) Outage Days: Planned + Extensions (per unit) (Number of days reactor is not operating) 2. YTD YTD Performance Actual Target 1. 15 13 Worse than target d V 0.2 1.0 Better than target t= c 0 �o 0.0 LO Better than target a 0 100 100 Meets target YTD YTD Performance Actual Target 23.1 21 0 Better than targe[ `a it 82.8 74.6 Better than target s 6 U 39.7 42.5 Better than target t00 Reactor Trip Rate ID FElbrget J. 98 uv e Jur W u1 00 — I=, I OHS /.0 m' M Dirt our, tx nrr 97 98 rn) Bbriy Mntimi 1ar8eh M • Level 1: A highly significant event that is reportable to the AECB and that causes a major reduction in the margin of safety to the public. Level 2: A significant event that is reportable to the AECB and that causes some reduction in the margin of safety to the --- l oublic. I REPORT CARD NOVEMBER 1999 Environment Radioactive Waste Produced remains worse than target primarily due to higher than planned levels of waste generated during outages. It is expected to remain worse than target for the balance of the year. To help reduce the volume of waste produced, rewashable coveralls have been ordered for trial usage. The other Environment indicators either met target or were better than target. Performance Indicators (Units) YTD YTD gigawatthour rem Actual Target Performance Radioactive Waste Produced (m3) (The total volume of low and radiation exposure) MW megawatt intermediate -level solid radioactive waste produced) 787 616 Worse than target Dose to Public (mrem/facility) (Theoretical public exposure, unit of electrical power based on measured radiological emissions, reported quarterly) 0.2 0.8 Better than target Spills - Major & Moderate (k) (Number of major and moderate preventable spills) 1 1 Meets target Employee Safety There were two lost time accidents in November and both the Industrial Safety Accident Rate and the Accident Severity Rate remain worse than target due to the high number of lost time accidents this year. Collective Radiation Exposure is also worse than target. . Performance Indicators (Units) Collective Radiation Exposure (rem/unit) (The radiation expatune to all onsite personnel and visitors) Industrial Safety Accident Rate (gR00k workhours) (The number of accidents that result in lost Mme work restricted work ollunes or fatalities per 100,000 hours worked) Accident Severity Rate (days/200k workhours) (The number of days lost to injuries per 100,000 hours worked) Darlington Nuclear Facts Station In -Service Date DI Nov, 14 1992 D2 Oct.9 1990 D3 Feb. 14 1993 D4 lune 14 1993 Glossary of Terms YTD YTD Actual Target Performance 66.0 61.5 Worse than target 0.7 0.4 8.9 2.5 Maximum Capac- ity Rating Net 881 881 881 881 Worse than target Industrial Safety Accident Rate 1.0 C os re rd /w98 3 os 0.50 y0 M 04 r.'T. 99 C :3i 040 as 0 r, Worse than target I M rt,' 1b1 t 1 adx,rry 97 99 I'm ]unid AWmr Gross Capability Factor Since in 81.3 66.1 83.7 81.2 Net Energy (GWh) Since in Service 43,443 45,630 43,248 39,941 m3 cubic metres GWh gigawatthour rem roentgen equivalent man (measure of TWh terrawatt hour radiation exposure) MW megawatt mrem millirem AECB Atomic Energy Control Board Watt unit of electrical power For more information please call: 1-800-461-0034 ONTARIOPu"W r� lntemetAddress: www.ontariopowergeneration.com GENERATION ONTARIOPOWE GENERATION NOVEMBER 1999 NUCLEAR REPORT CARD PERFORMANCE REPORT CARDS are published monthly by Ontario Power Generation to measure the effectiveness of its operations. The performance of Ontario Power Generation's nuclear stations is evaluated against nuclear industry standards. Note: Performance listed worse than target is not an indication that reactors are unsafe. Nuclear Performance Index and Improvement Plan The Performance Index is an overall nuclear index based on nine performance measures used by Nuclear Performance Inde the World Association of Nuclear Operators. The nine measures included in this index are: Reactor Trip Rate " !00 917 Capability Factor Unplanned Capability Loss Factor Reactor Trip Rate C 794 n. r rxrl 67.9 744 Safety System Performance Thermal Performance Fuel Reliability .5 tcv Chemistry Performance Collective Radiation Exposure Industrial Safety Accident Rate Actual 56.1 -. ys rar8n The Nuclear Performance Index (NPI) is calculated and reported quarterly. For the sixth E 50 for 98620 consecutive quarter the Index has registered an improvement. There was a 6.7 point increase over W the Q2/99 and better than the target of 74.4. All stations recorded improved Index scores. a 23 Performance on IIP Key Milestones Met was at 87% this month. This was achieved by having A °' met 62 of 71 milestones by the end of November. v Z 0 Performance Indicator (Units) Q3/99 Q3/99 Performance 1.0 ns re.op(; opt; om,,,vy Actual Target 0 1 97 98 Y/n Q199Mrdwn )axu Nuclear Performance Index (Out of 100) (Nine standard (Be NLUsn}' p industry performance measures. reported quarterly) 78.4 74.4 Better than target IIP Key Milestones Met (%) (The percentage C4 C4 a of milestones that were met on or before the scheduled completion dare) 87 90 Worse than target n" Y6' ON;DPf. ItZ"Y 0.0 runic :!)aiery All Public Safety indicators either met target or were Performance Indicator (Units) Public Safety Level 1 and Level 2 AECB Reportable Events- (4) Reactor Trip Rate (Nn,000 lin critical) (The number of unplanned automatic reactor shutdowns) (see chart) Special Safety System Performance (syshtu) (The number of special safety systems which exceeded their yearly unavailability target) AECB Commitments Met I%) (Compliance to a nuclear safety commitment to the AECB) Production Performance target All Production Performance indicators were better than target in September. Performance Indicators (Units) Net Electrical Production (TWh) (The electrical energy .generated mous station needs) Capability Factor I%) (Amount of energy capable of being produced per month at a percentage of perfect performance, assuming no external constraints, eg. transmission limtations)(see chmr) Outage Days: Planned + Extensions (per unit) (.Number of days reactor is not operating) YTD YTD Performance Actual Target 56.1 51 A Better than target 81.1 742 Better than target 44.7 47 1 Better than target 100 Capability Factor 76 5 81.1 82.8 YE IarQn _ ■ 742 n/r94 � x 50 .88 L c U 0 Ymr Ymr ON; ON; 1' Miley Yid tial YPU Abby Mr✓iirn Of O' l-, • Level 1: A highly significant event that is reportable to the AECB and that causes a major reduction in the margin of safety to the public. Level 2: A significant event that is reponable to the AECB and that causes some reduction in the margin of safety to the m"61ir (see over) Reactor Trip Rate 2.0 YTD YTD Performance Actual Target Is10 1.0 YAT," 23 45 Better than target °' 0.49 amrpr o L 99 m on to 0.1 1.0 Better than target o 0 1 (Be NLUsn}' p C4 C4 a n" Y6' ON;DPf. ItZ"Y 0.0 1.0 Better than target 97 98 Yln AluHyMr✓mn ru,R:r 100 100 Meets target All Production Performance indicators were better than target in September. Performance Indicators (Units) Net Electrical Production (TWh) (The electrical energy .generated mous station needs) Capability Factor I%) (Amount of energy capable of being produced per month at a percentage of perfect performance, assuming no external constraints, eg. transmission limtations)(see chmr) Outage Days: Planned + Extensions (per unit) (.Number of days reactor is not operating) YTD YTD Performance Actual Target 56.1 51 A Better than target 81.1 742 Better than target 44.7 47 1 Better than target 100 Capability Factor 76 5 81.1 82.8 YE IarQn _ ■ 742 n/r94 � x 50 .88 L c U 0 Ymr Ymr ON; ON; 1' Miley Yid tial YPU Abby Mr✓iirn Of O' l-, • Level 1: A highly significant event that is reportable to the AECB and that causes a major reduction in the margin of safety to the public. Level 2: A significant event that is reponable to the AECB and that causes some reduction in the margin of safety to the m"61ir (see over) REPORT CARD NOVEMBER 1999 Environment The overall Radioactive Waste Produced continued better than target at the OPG Nuclear level. Continued efforts to reduce the volume of waste produced, especially during outages, are underway. There was one MOE reportable spill in November. However, OPG Nuclear has already exceeded its yearend target. Performance Indicators (Units) YTD YTD Industrial Safety Actual Target Performance Radioactive Waste Produced (mr) (The total volume of low and Accident Rate than target due to injuries experienced earlier this year. We will not achieve our target for year-end. intermediate -level solid radioactive waste produced) 3826 4357 Better than target Dose to Public (mrem/facility) (Theoretical public exposure, C 074 Performance Indicators (Units) YTD YTD based on measured radiological emissions) Reported at the site level only Spills - Major & Moderate (M) (Number of major and moderate .:. rermge, radiation exposure to all on-site personnel and visitors) 70.7 67.7 Worse than target preventable spills) 5 2 Worse than target Employee Safety Collective Radiation Exposure continued worse than target due to maintenance work on In -Service Date shutdown cooling and moderator systems and increased scope of outage work at Bruce 5 earlier this Industrial Safety year. The Industrial Safety Accident Rate is worse than target. Programs in the areas of safe 1971 to 1973 driving, ergonomics, and winter slipping hazards are in place. The Accident Severity Rate is worse Accident Rate than target due to injuries experienced earlier this year. We will not achieve our target for year-end. 1.0 However, there is now a positive trend in the accident severity rate. 79.3 215,894 B14 C 074 Performance Indicators (Units) YTD YTD GYE Tags f fiM Actual Target Performance°3 o.43 osr a4o ow 0.0 Collective Radiation Exposure (rem/unit) (The .:. rermge, radiation exposure to all on-site personnel and visitors) 70.7 67.7 Worse than target 1990 to 1993 Industrial Safety Accident Rate (N/200k workhours) 4 0.40 (Phe number of accidents that result in lost time work ye;ji restricted work injuries or fatalities per 100,000 hours sparked) 0.53 0.40 Worse than target h Accident Severity Rate (days/200k workhours) Ymr Ysr nrcnra r,dwny 0 (The number of days lost to injuries per 100,000 hours worked) 74.0 5.0 Worse than target tsd rid I9D bbdlyMedm, 97 9e Tmxn Nuclear Facts Station In -Service Date Maximum Capac- ity Rating Net (MW) Gross Capability Net Energy (GWh) Factor Since in Since in Service Service (%) P14 1971 to 1973 2,060 P14 currently in laid -up state P5-8 1983 to 1986 2,064 79.3 215,894 B14 1977 to 1979 3,076 B14 currently in laid -up state 85-8 1984 to 1987 3,140 82.1 332,061 D1-4 1990 to 1993 3,524 77.1 172,262 Glossary of Terms m3 cubic metres GWh gigawatt hour rem roentgen equivalent man (measure of TWh terrawatt hour radiation exposure) N4W megawatt mrem millirem AECB Atomic Energy Control Board Watt unit of electrical power For more information please call: 1-500-263-9000 ONTARIOMO%W Cnt Internet Address: www.ontariopowergeneration.com GENERATION MUNICIPALITY OF larington ONTARIO REPORT #1 REPORT TO COUNCIL MEETING OF JANUARY 24, 2000 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 17, 2000 RECOMMENDATIONS• I. RECEIVE FOR INFORMATION 2. 3. a) Report FD -03-00 - Monthly Fire Report, December, 1999 b) Report WD -04-00 - Monthly Report on Building Permit Activity for December, 1999 FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION a) Newcastle BIA Canada Millennium Partnership Program b) Report CS -01-00 - Report on Municipal Youth Initiatives OFFICIAL PLAN AMENDMENT, REZONING & SITE PLAN APPLICATIONS APPIWANT• nWTA DTA ... ,.... _ _ THAT Report PD -004-00 be received; THAT the offical plan amendment and rezoning applications submitted by Dale & Lessmann on behalf of Ontario Independent Crematoriums Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PD -004-00 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET • SOWMANVILLE • ONTARIO - LIC 3A6 • (905) 6233379 • FAX 6234169 WEBSITE: www.munru Dalily. clann 910n.On ca •amD.mru.. Report #1 - 2 - January 17, 2000 4. MANAGEMENT AGREEMENT AND TRANSFER OF LANDS FOR THE WESTSIDE/BOWMANVILLE MARSH WETLAND COMPLEX THAT Report PD -005-00 be received; THAT Council direct that the transfers of certain lands and easements referred to in the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington, as identified in Section 2 of Report PD -005-00 be made from Blue Circle to Central Lake Ontario Conservation Authority; and THAT Central Lake Ontario Conservation Authority and Blue Circle Canada Inc. be advised of Council's decision. 5. LAND DIVISION APPLICATION APPLICANT: HALMINEN. K. & E. THAT Report PD -006-00 be received; THAT the decision of the Land Division Committee with respect to Application LD 255/99 be appealed to the Ontario Municipal Board and the Municipality's solicitor be authorized to attend the hearing to appeal the Land Division Committee's decision; THAT the Director of Planning and Development be requested to enter into discussions with the applicant in an attempt to seek an agreement not to proceed to an Ontario Municipal Board hearing until such time as Neighbourhood Design Plan has been submitted in June, 2000; and THAT the Secretary -Treasurer of the Durham Land Division Committee, the Durham Region Planning Department and all interested parties listed in Report PD -006-00 and any delegations be advised of Council's decision. 6. LAND DIVISION APPLICATION APPLICANT: SLAVIN THAT Report PD -007-00 be received for information; and THAT the Secretary Treasurer of the Durham Land Division Committee, the Durham Region Planning Department and all interested parties listed in Report PD -007-00 and any delegations be advised of Council's decision. 7. FEDERATIONS OF AGRICULTURE PRESENTATION THAT the Municipality of Clarington invite the Federations of Agriculture to make a presentation on the joint report on Economics in Agriculture. Report #1 -3 - January 17, 2000 8 ANIMAL SERVICES MONTHLY REPORT FOR MONTH OF DECEMBER/ 99 THAT Report CD -04-00 be received for information; and THAT a copy of Report CD -04-00 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 9. PARKING ENFORCEMENT REPORT FOR THE MONTH OF NOVEMBER/99 THAT Report CD -05-00 be received for information; and THAT a copy of Report CD -05-00 be forwarded to the Bowmanville Business Centre for their information. 10. PARKING ENFORCEMENT REPORT FOR THE MONTH OF DECEMBER/99 THAT Report CD -06-00 be received for information; and THAT a copy of Report CD -06-00 be forwarded to the Bowmanville Business Centre for their information. 11. APPOINTMENT OF ANIMAL SERVICES OFFICER THAT Report CD -07-00 be received; and THAT the by-law attached to Report CD -07-00 to appoint a By-law Enforcement Officer for the purpose of enforcing all by-laws related to animal care be forwarded to Council for passage. 12. TAX MATTERS THAT Report TR -03-00 be received; THAT Council approve the tax certificate fee increase to $60.00, effective February 1, 2000; THAT Council approve a cut-off value of up to $10.00 for debit and credit account balances to be written off through automated month end procedures; and THAT Council authorize a two-year guideline for write-offs of garbage charges (current year and one year prior) added to the tax roll based on OPAC (Ontario Property Assessment Corporation) tenancy information. Report #1 - 4 - January 17, 2000 13. 14. 15. 16. 17. CASH ACTIVITY REPORT - NOVEMBER/99 THAT Report TR -04-00 be received; THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the month ended November 30, 1999, is as shown on the schedule attached to Report TR -04-00; and THAT Part "A" of the expenditures for the month of November 1999, be confirmed. CONFIDENTIAL REPORT THAT the recommendations contained in Confidential Report TR -05-00 be approved. CONSULTING FEES - CENTRALIZED DISPATCH THAT Report FD -02-00 be received; THAT funds in the amount of approximately $3,500 be allocated from the 1999 Contingency Fund Account Number 7007-X-298 for consulting work related to human resource issues regarding a centralized Fire Department Dispatch; THAT funds also be allocated from the 1999 Contingency Fund Account Number 7007-X-298, in the amount of $7,000 for consulting work related to the technical issues regarding a centralized Fire Department Dispatch; and THAT a further report be submitted to Committee, once the results of the consultant's work is complete. HEIDI TRAYNOR PARKING ISSUE THAT the delegation of Heidi Traynor be referred to staff for review and report on the process necessary to be undertaken in order to legalize the parking of their truck at their home; and THAT Heidi Traynor be advised of Council's decision. DARLENE CHARRON PARKING ISSUE THAT the delegation of Darlene Charron be acknowledged and she be advised of actions taken. REPORT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council Date: January 24, 2000 File #: Report #: TR -06-00 File #: Res.#: Subject: DURHAM MUNICIPAL INSURANCE POOL By -Law #: Recommendations It is respectfully recommended to Council the following: 1. THAT Report TR -06-00 be approved; 2. THAT the attached By -Law (Schedule "A") authorizing the execution of the Subscribers Agreement and'lndemnity Agreement which contain the terms and conditions of an insurance pooling arrangement, as agreed upon by the Treasurers of the Municipality of Clarington, the Towns of Whitby and Ajax, the Townships of Brock, Scugog and Uxbridge and the Region of Durham, be approved; 3. That the Mayor and Clerk be authorized to sign the final agreements, substantially in the form attached to the By -Law; 4. THAT the attached By -Law (Schedule "B") appointing the Treasurer as the Municipality of Clarington's representative on the Board of Directors of the Insurance Pool and the Deputy Treasurer as the alternate be approved; and 5. THAT the Frank Cowan Company Limited be notified of Council's decision. Background 1.0 At the General Purpose and Administration Committee meeting of July 5,1999, Council approved Report TR -46-99, authorizing the Treasurer to proceed with participation in the establishment of the Durham Municipalities Insurance Pool. The purpose of the pool is to co-operatively self -insure or pool the cost of insurance claims and to purchase insurance coverage under one common policy from the re- insurance market. TR -06-00 Page — 2 - 1.2 There will be a pool deductible of $350,000. Participating Municipalities will retain their current deductible limits and the pool will fund the cost of insurance claims, which fall between the local deductibles and the pool deductible. Insurance coverage would protect participants from claims exceeding $350,000. Stop loss insurance would protect the pool participants from aggregate claims exceeding $1,000,000 in any individual year. Currently, the Municipality of Clarington carries a deductible of $5,000 for Liability and Fleet, $10,000 for Property and $2,500 for Errors and Omissions. 1.3 Substantial long-term savings are anticipated due to favorable claims experience, as well as interest available to be earned by the pool on claims reserve amounts. Normally these amounts are paid directly to an insurer as part of the premium cost and therefore interest does not accrue back to the purchaser of the insurance coverage. 1.4 At this time, the Treasurers of the Region and six Area Municipalities (Clarington, Whitby, Ajax, Brock, Scugog and Uxbridge) are seeking approval from their respective Councils to execute the Subscribers Agreement to establish the Durham Municipalities Insurance Pool. The City of Pickering has the matter under consideration and may participate at some point. Subscribers Agreement: 2.0 The Subscribers Agreement sets out the terms and conditions under which the pool will operate. It must be approved by Council of each subscribing Municipality. 2.1 The Subscribers Agreement covers funding arrangements, the Board of Directors (currently referred to as Advisory Board in the attached version of the agreement), accounting and financial reporting, subscribers, operation of the fund and termination of the fund. 2.2 Through the terms of the Subscribers Agreement, a fund will be established which will accept annual levies from the subscribing municipalities. The fund will be used to purchase required insurance, pay premiums on behalf of subscribers, pay claims above individual deductibles, finance a claims fluctuation reserve and pay administrative expenses of the pool. 2.3 The Subscribers Agreement establishes the Board of Directors. The Board of Directors is composed of one member appointed by Council for each subscribing Municipality. Each member has one vote. The Council for each subscriber authorizes the Board of Directors to act on their behalf with respect to matters covered under the Subscribers Agreement. 2.4 The initial subscription period is three years. Provisions are included in the agreement to allow for late entry or exit subject to certain conditions. Participating Municipalities will share pool surpluses based on their proportion of the total premiums paid into the pool by all subscribing municipalities. At the end of the third year, surpluses may be paid out, premium contributions reduced for the next period or be used to enhance the insurance program at the discretion of the Board of Directors. TR -06-00 2.5 The Board of Directors will determine, with the advice of the actuary, the levy payable by each subscriber. It is proposed that the initial levy will be based upon the annual premium amounts paid to the previous insurer for the 1998/1999 premium year. This will be approximately $280,000. 2.6 The subscribers may terminate the Subscribers Agreement by By -Law passed by a majority of the subscribers. Other Matters: 3.0 The draft Subscribers Agreement is attached to the By -Law marked Schedule "A". The agreement has been reviewed by independent legal counsel with expertise in this area as well as the legal counsels representing each municipality. There are several minor issues to be finalized. The final version is anticipated to be substantially in the form attached. If there are any substantive changes, a further report will be brought to Council for approval. The pool has a target start-up date of March 1, 2000. As a result, time is of the essence to formalize the Subscribers Agreement to allow the pool to proceed. 3.1 Alternative pool administrative structures for the daily operation and handling of claims have been reviewed. In order to take advantage of existing staff knowledge, it was agreed that the Region would be retained to provide daily insurance pool management services on a contract basis. This does not give the Region any additional authority at the Board of Directors level, as the Region will still only have one vote on the Board of Directors. However, the Region will provide: • Claims handling and administration services; • Risk management and liability programs; • Insurance claim and financial reporting; and • Computer and financial services. 3.2 A copy of the Region of Durham's report to the Finance and Administration Committee is attached as Schedule "C". Conclusion: 4.0 It is recommended that the Municipality of Clarington participate in the Durham Municipalities Insurance Pool, that the Treasurer be appointed as the Municipality's representative and that the Deputy Treasurer be appointed as the alternate on the Board of Directors, for the Insurance Pool. Respe y submitted, ��-- rie A. Marano, H.BSc.,AMCT, Treasurer. MM/NT/hjl Reviewed by: Franklin Wu, M.C.I.P.,R.P.P., Chief Administrative Officer. SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000 Being a By -Law to execute an agreement between the Corporation of the Municipality of Clarington and Towns of Whitby and Ajax, Townships of Brock, Scugog and Uxbridge And the Region of Durham to enter into a Subscriber's Agreement and Indemnity Agreement for the provision Of Municipal Insurance Coverage. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a Subscriber's Agreement and an Indemnity Agreement for the purpose of providing Municipal Insurance Coverage. THAT the Subscriber's Agreement attached hereto as Schedule "A" form part of this By -Law THAT the Indemnity Agreement attached hereto as Schedule "B" form part of this By - Law. By -Law read a first and second time this 24`h day of January, 2000. By -Law read a third time and finally passed this 24`h day of January, 2000. Mayor Clerk SCHEDULE "A" to By -Law DRAFT #6 — January 6, 2000 MUNICIPALITIES IN DURHAM REGION FUNDING ARRANGEMENT FOR THE PURCHASE OF INSURANCE SUBSCRIBERS' AGREEMENT January 2000 Municipalities in Durham Region Funding Arrangement for the Purchase of Insurance Subscribers' Agreement Table of Contents 19: :7alfrl ARTICLE 1.00 - DEFINITIONS ARTICLE 2.00 - THE FUNDING ARRANGEMENT 2.01 Establishment of the Fund 2.02 Purpose of the Fund 2.03 Not a Partnership or Trust 2.04 No Authority to Bind 2.05 Indemnification for Unauthorized Acts 2.06 Several Liability ARTICLE 3.00 - ADVISORY BOARD 3.01 Establishment 3.02 Constitution of the Advisory Board 3.03 Qualification of Members of Advisory Board 3.04 Rules 3.05 Power and Authority of the Advisory Board 3.06 Payment for Services 3.07 Term 3.08 Resignation 3.09 Vacancies 3.10 Decisions of the Advisory Board 3.11 Chair and Officers 3.12 Signing Officers 3.13 Meetings Generally 3.14 Teleconference Meetings 3.15 Notice 3.16 Location 3.17 Quorum 3.18 Agreement Without Voting 3.19 Duty of Care 3.20 Conflicts of Interest 3.21 Limitation of Liability 3.22 Indemnity of Members 3.23 Liability Insurance ARTICLE 4.00 - ACCOUNTING AND FINANCIAL REPORTING 4.01 Fiscal Period 4.02 Books and Records 4.03 Subscriber Accounts 4.04 Annual Report 4.05 Audit ' 4.06 Bank Accounts ARTICLE 5.00 - SUBSCRIBERS 5.01 Founding Subscribers 5.02 Additional Subscribers 5.03 Effective Date of Subscription 5.04 Minimum Period of Subscription 5.05 Termination of Subscription 5.06 Subscriber Dissolution, Merger or Break -Up 5.07 Continuing Liability ARTICLE 6.00 - OPERATION OF THE FUND 6.01 Insurance Policies 6.02 Determination of Levies Payable 6.03 Assessments 6.04 Obligation to Pay 6.05 Closure of Underwriting Period 6.06 Excess and Stop Loss Insurance 6.07 Retention ARTICLE 7.00 - TERMINATION 7.01 Termination of this Agreement ARTICLE 8.00 - GENERAL PROVISIONS 8.01 Notice 8.02 Arbitration 8.03 Confidentiality 8.04 Currency 8.05 Calculation of Time Periods 8.06 Subscriber's Right of Inspection 8.07 Severability 8.08 Entire Agreement 8.09 Waiver 8.1Q Successors and Assigns 8.11 Further Acts 8.12 Applicable Law 8.13 Amendments 8.14 Gender and Number 8.15 Headings 8.16 Time of Essence SCHEDULES Schedule A Founding Subscribers APPENDICES Appendix A Form of Subscription Appendix B Form of Termination Municipalities in Durham Region Subscribers'Agreement for the Purchase oflnsurance THIS AGREEMENT dated the [ 1"] day of [March], 2000 AMONG THOSE MUNICIPALITIES THAT SUBSCRIBE TO THIS AGREEMENT BY EXECUTING A COPY OF THE FORM OF SUBSCRIPTION ATTACHED AS APPENDIX "A", SUBJECT TO AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT (hereinafter referred to collectively as "Subscribers" and individually as "Subscriber") WHEREAS the Subscribers to this Agreement wish to secure long-term, stable and economical insurance coverage; AND WHEREAS the Subscribers wish to enter into this Agreement, pursuant to which the Subscribers, among other things, will arrange to purchase policies of insurance, will enter into contracts of indemnity with the Insurer in respect of the Retention amount, and will agree to fund the purchase of such insurance policies; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the mutual covenants of the parties hereinafter contained and for good and other valuable consideration, the receipt of which is hereby acknowledged, the Subscribers, one with each and each with all, covenant and agree as follows: ARTICLE 1.00 - DEFINITIONS In this Agreement and any amendment to this Agreement, the following terms will have the following meanings unless the context otherwise requires: 1.01 "Actuary" means the actuary retained by the Advisory Board from time to time; 1.02 "Advisory Board" means the Advisory Board established pursuant to Section 3.01; 1.03 "Alternate" means the person who is designated pursuant to Section 3.02 to act in the place and stead of the Member, when unavailable; 1.04 "Annual Incurred Losses" means paid losses in respect of claims occurred, actuarially determined estimates for reported cases, and actuarially determined estimates for incurred but not reported claims; 1.05 "Assessment" means a charge against a Subscriber, as determined by the Advisory Board pursuant to Section 6.03, which is in addition to levies; Page l Draft =6 -January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase oflnsurance 1.06 "Attomey-in-Fact" means the person appointed to act for the Subscribers pursuant to the Power of Attorney in the form attached to this Agreement as Appendix B; 1.07 "Claims Fluctuation Reserve" means actuarially determined reserve funds maintained by the fund to adequately cover anticipated losses; 1.08 "Closure Date" for a particular Underwriting Period means the date that is three years after the last day of such Underwriting Period, or such other date as is determined by the Advisory Board on the advice of the Actuary that no further liability to or of the Subscribers exists; 1.09 "Deductible" means the amount which a Subscriber has elected for a particular coverage for which that Subscriber is responsible in respect of any claim with respect to that coverage; 1.10 "Eligibility Criteria" means the criteria which maybe determined by the Advisory Board from time to time which must be met to be eligible to become a Subscriber; 1.11 "Extraordinary Resolution" means; (a) a resolution passed at a meeting of the Advisory Board by the affirmative vote of at least 80% of the Members of the Advisory Board; or (b) any written resolution signed in one or more counterparts by all of the Members; 1.12 "Fiscal Year" means the twelve month period ending [February 28 or 29, as applicable]; 1.13 "Founding Subscriber" means each Subscriber who, as of [March 1, 20001, has executed and delivered the Form of Subscription attached hereto as Appendix A; 1.14 "Fund" means the fund established pursuant to Section 2.01. 1.15 "Indemnity" means each agreement each Subscriber has entered into with the Insurer to indemnify the Insurer upon the payment of claims within the Retention and Indemnities means all of such agreements; 1.16 "insurer" means the insurance company with whom each Subscriber has entered into a contract of insurance; 1.17 "Insurance Policy" means the policy of insurance purchased for each type of coverage from the Insurer by each Subscriber. It is understood that each Subscriber will purchase one or more Insurance Policies and that any references in this Agreement to Insurance Policy applies to each and all of them, as applicable. Page ? Draft x6 - Jonuary 6, 2000 Municipalities in Durham Region Subscribers'Agreementforthe Purchase oflnsurance 1.18 "Member" means a member of the Advisory Board as provided in Section 3.02 and includes, where the context requires, an Alternate; 1.19 "Municipality" means a municipality as defined in the Municipal Act, R.S.O. 1990, M.45, as amended and includes a district, metropolitan and regional municipality; 1.20 "Ordinary Resolution" means: (a) any resolution passed at a duly constituted meeting of the Advisory Board by affirmative votes of a majority of the Members in attendance at such meeting, or (b) any written resolution signed in one or more counterparts by 80% of the Members of the Advisory Board; 1.21 "Prime" means the prime interest rate per annum established by the Toronto Dominion Bank from time to time as the reference rate of interest for the determination of interest rates that the Toronto Dominion Bank charges to customers of varying degrees of creditworthiness in Canada for Canadian dollar loans made by it in Canada and payable on demand and referred to by it as the "prime rate"; 1.22 "Regional Municipality" means the Regional Municipality of Durham; 1.23 "Retention" means the amount per claim, as determined from time to time by the Advisory Board on the advice of the Actuary, for which the Insurer is responsible on any claim, subject to any applicable excess of loss, stop loss or similar insurance, less the deductible, and for which each Subscriber is responsible under the Indemnity and the funds for which shall come from the Fund; 1.24 "Rules" means the rules and regulations established pursuant to Section 3.05(p). 1.25 "Subscriber" means a Municipality which has been accepted for participation and which has executed and delivered the Form of Subscription attached hereto. 1.26 "Subscriber Participation Percentage" means, with respect to a Subscriber, at any date during a given Underwriting period, a fraction, the numerator of which is the total of the levies paid and payable by such Subscriber to that date with respect to that Underwriting Period, and the denominator of which is the total of the levies paid and payable by all Subscribers to that date with respect to that Underwriting Period, expressed as a percentage, except that in the case of the use of this formula for determining Assessments, levies paid by any Subscribers which are not liable to pay Assessments will not be included. 1.27 "Subscription Date" means, for a particular Subscriber, the date referred to in Section 5.03. Page 3 Draft X 6 - January 6. 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase oflnsurance 1.28 "Underwriting Period" means the period of three years commencing 12:01 am on [March 1, 2000] and ending on 12:01 am. on [March 1, 2003] and each successive three year period thereafter during which the Fund continues to operate. ARTICLE 2.00 - THE FUNDING ARRANGEMENT 2.01 Establishment of the Fund The Subscribers hereby agree to the establishment of the Fund 2.02 Purpose of the Fund It is the intention of the Subscribers to use the Fund in order to purchase insurance, to pay the premiums for contracts of insurance arranged on behalf of the Subscribers, to enter into contract(s) of Indemnity with the Insurer in respect of such insurance, to refund and pay claims as and when required in respect of the Retention, to provide funds for the Claims Fluctuation Reserve, and to pay the administrative expenses of the Fund. The Fund shall have the power to do any and every act and thing necessary, 'proper, convenient or incidental to the accomplishment of these purposes. 2.03 Not a Partnership or Trust Nothing in this Agreement is to be construed to constitute any of the Subscribers a partner, agent or representative of the others, or to create any trust, constructive, implied or otherwise, or any commercial or other partnership among the Subscribers. As among the Subscribers, it is agreed in matters involving this Agreement not to rely on the provisions of any partnership or trust legislation in any province or territory. 2.04 No Authority to Bind Except as expressly provided in this Agreement, a Subscriber does not have the authority to bind any other Subscriber or the Subscribers. 2.05 Indemnification for Unauthorized Acts Each Subscriber (in this section called the "Indemnitor") hereby irrevocably and unconditionally undertakes and agrees to indemnify and save harmless the other Subscribers (in this section called the "Indemnitees") from and against any and all liability, loss, harm, damage, cost or expense, including reasonable legal fees, which the Indemnitees may suffer, incur or sustain as a result of any act of the Indemnitor outside of the scope of or in breach of this Agreement. Page a Draft 96 -January 6. 2000 Municipalities in Durham Region Subscribers'Agreement for the Purchase of/nsurance 2.06 Several Liability The obligations of each Subscriber with respect to the Fund and/or contracts and obligations entered into by or on behalf of the Subscribers in connection with the Fund will, in every case, be several and not joint and several. ARTICLE 3.00 - ADVISORY BOARD 3.01 Establishment The Subscribers hereby establish an Advisory Board for the purpose of implementing this Agreement and operating the Fund. 3.02 Constitution of the Advisory Board The Advisory Board will be composed of one Member appointed by each Subscriber.. Each Member will have one vote. Any Subscriber is entitled to designate in writing from time to time an Alternate who is entitled to act in the place and stead of such Member when such Member is unavailable. The Member and the Alternate, if designated, must meet the qualifications set out in Section 3.03. 3.03 Qualification of Members of Advisory Board Any individual may be a Member of the Advisory Board provided that, and for so long as, he or she: (a) is a person who is eighteen years of age or more; (b) is not a person who is of unsound mind, having been so found in Canada or elsewhere; (c) is not a person who has the status of a bankrupt; and (d) is an officer or employee of a Subscriber. No appointment of a person as a Member is effective unless he or she consents to act as a Member before or after the election or appointment. 3.04 Rules For the purpose of administering this Agreement, the Advisory Board may establish from time to time such rules and regulations as it considers appropriate, provided that the Rules and any amendments thereto will be subject to the approval of the Advisory Board by Extraordinary Resolution. Page S Draft 06 -January 6, 2000 Ifunicipalities in Durham Region Subscribers'Agreement for the Purchase of/nsurance 3.05 Power and Authority of the Advisory Board Except as otherwise provided for in this Agreement, the Advisory Board has the power and authority, and the Subscribers hereby direct the Advisory Board to give any approvals and to make any decisions and determinations required or permitted to be given or made by the Subscribers with respect to the Fund and any matter arising out of or under this Agreement. Without limiting the generality of the foregoing, it is acknowledged and agreed that the Advisory Board is authorized on behalf of and without further authority from the Subscribers: (a) to supervise the funding of the Retentions by the Subscribers in accordance with such terms and conditions as the Advisory Board may deem proper and to change, cancel, extend or insure such obligations and to secure insurance and/or reinsurance in excess of the Retentions as the Advisory Board may deem proper; (b) to set, by Ordinary Resolution, the levies and Assessments required of Subscribers pursuant to the provisions of this Agreement, which levies and assessments are to include each Subscriber's share of the expenses of the fund. (c) to effect policy changes affecting the operation of the Fund by Extraordinary Resolution. (d) to supervise the demanding, collection and receipt of all moneys which may become due by the Subscribers under this Agreement or under any contract of indemnity or insurance; (e) to give and receive all notices necessary or proper under the Indemnity or any contract of indemnity or insurance in respect of the Fund or the Subscribers, and to adjust, compromise and settle all claims and losses thereunder; (f) to retain an auditor, Actuary, legal counsel and such other professional advisors as the Advisory Board considers appropriate in order to perform its duties under this Agreement; (g) to open and operate in the name of the Fund an account or accounts in a Canadian chartered bank in order to deposit and to distribute funds with respect to the operation of the Fund; (h) to invest funds in accordance with any applicable law and to make or approve policies with respect to the investment of such funds and for the custody and safekeeping of any securities in which such funds may be invested; (i) to borrow such funds, in such amounts, on such terms and otherwise as the Advisory Board may determine are necessary or desirable to fulfill obligations Page 6 Draft 46 -January 6, 2000 Municipalities in Durham Region Subscribers'Agreementforthe Purchase ojlnsurance under this Agreement provided that any borrowing for a term in excess of 30 days must be approved by Extraordinary Resolution; (j) to pay all taxes, fees and other expenses relating to the orderly maintenance and management of the Fund; (k) to appoint a Manager and other staff, if considered appropriate, to manage the affairs of the Fund on behalf of the Subscribers on such terms and conditions, including remuneration, as the Advisory Board may determine from time to time; (l) to establish such procedural rules with respect to the time, place and number of Advisory Board meetings; (m) to require such additional information from any Subscriber as the Advisory Board deems reasonably necessary in order to perform its duties under this Agreement; (n) to appoint such committees including any or all of an Executive Committee, Claims Committee, Policy Committee, Investments Committee and Audit Committee as may be deemed by the Advisory Board to be necessary or advisable for the operation of the Fund; (o) to take such steps as are necessary to comply with all applicable legislation; (p) to make and amend, by Extraordinary Resolution, such Rules as the Advisory Board considers appropriate pursuant to Section 3.04 including, without limitation, rules for the signing of cheques, negotiable instruments and other documents; (q) to establish and maintain such segregated balances as the Advisory Board determines should be established and maintained for the purposes of this Agreement; (r) to establish policies with respect to the promotion of loss control and risk management; (s) subject to the provisions of the Municipal Act, R.S.O. 1990, M.45, as amended, to do and perform every other act and all things required to be done under this Agreement or necessary or proper to be done in order to fully carry out and perform the terms of this Agreement; (t) to establish the basis for apportioning the expenses of operating the Fund among the Subscribers; and (u) to determine policies and procedures with respect to the administration of claims. Page 7 Draft 46 - January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase oflnsurance 3.06 Payment for Services Except as determined by the Subscribers from time to time, no payment will be made to any Member for his/her services in acting as a Member provided that any Member is entitled to reimbursement of any reasonable expenses incurred in so acting. 3.07 Term Notwithstanding anything else contained herein, any Subscriber may terminate the appointment of its Member and appoint a successor Member. Subject to Section 3.03, 3.08 and 3.09, an appointed Member of the Advisory Board will hold office until his/her successor is duly appointed. 3.08 Resignation A Member of the Advisory Board may resign from office upon giving a written resignation to the Advisory Board and such resignation becomes effective when received by the Board or at the time specified in the resignation, whichever is later. 3.09 Vacancies (a) Where there is a vacancy or vacancies in the Advisory Board, the remaining Members may exercise all of the powers of the Advisory Board. When a vacancy occurs, the Subscriber who appointed the Member no longer in office will fill the vacancy as soon as practicable. (b) Among other reasons, a vacancy will be deemed to be created when neither a Member nor his/her Alternate attend two consecutive duly constituted meetings of the Advisory Board. Such vacancy will be deemed to exist from the end of the second such meeting and when written notice of such vacancy has been given by the Advisory Board to the Subscriber. (c) The vacancy shall no longer exist when a new Member and/or Alternate has been appointed by the Subscriber. Nothing herein shall prevent the Subscriber from re- appointing the Member or Alternate which led to the vacancy. Page 8 Draft 96 -January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase of Insurance 3.10 Decisions of the Advisory Board All decisions of the Advisory Board require approval by Ordinary Resolution unless otherwise provided for in this Agreement. A decision of the Advisory Board with respect to any matter will be binding on all the Subscribers. 3.11 Chair and Officers (a) The Advisory Board will appoint a Chair and a Vice -Chair from amongst its Members. The Chair, and in his/her absence the Vice -Chair, will chair all meetings of the Advisory Board. In the absence of the Chair and the Vice -Chair, the Members of the Advisory Board in attendance' -at the meeting will appoint another Member to act as chair of such meeting. (b) The Advisory Board may appoint such other officers and designate such responsibilities for such officers as the Advisory Board determines from time to time. (c) The Chair, the Vice -Chair and any officers appointed pursuant to Subsection 3.11(b) will hold office for one year or until a successor is appointed. The Chair will participate in all activities of the Advisory Board in the same manner as the other Members and, for greater clarity, will not have a second or casting vote in respect of any matter voted on by the Advisory Board. (d) The Advisory Board will appoint a Secretary (who need not be a Member of the Advisory Board) to keep complete and accurate minutes of all meetings of the Advisory Board. 3.12 Signing Officers Except as otherwise provided herein or where the Advisory Board has otherwise authorized the execution of documents on behalf of the Advisory Board, the execution of all documents required under this Agreement will be: (a) by both the Chair and the Vice -Chair, (b) by one of the Chair and the Vice -Chair together with one of two other Members designated by the Advisory Board, or . (c) in the event that a Manager is appointed, by one of the Chair and Vice -Chair together with the Manager. Page 9 Draft 46 - January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase oflnsurance 3.13 Meetings Generally (a) The Advisory Board will hold regular meetings at such time as the Advisory Board Will determine from time to time. (b) The Chair may call additional meetings of the Advisory Board if he/she considers it advisable to do so, and will do so if requested by another Member. (c) Each Subscriber may have an additional attendee at each Board meeting (in addition to the Member, or the Alternate when the Member is unavailable) and, although such additional attendee may participate in discussions, he or she has none of the rights of a Member of the Board. 3.14 Teleconference Meetings When all Members present or participating in a meeting have consented, any Member may participate in a meeting of the Advisory Board by means of conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other, and a Member participating in such a manner will be deemed to be present in person at the meeting. 3.15 Notice The Chair will give each Member written notice of the time and place of each meeting of the Advisory Board at least 24 hours (excluding any part of a Sunday or holiday as defined in the Interpretation Act of Ontario for the time being in force) before the time when the meeting is to be held, save that no notice of a meeting is necessary if all Members are present or if those absent have waived notice in writing to the holding of such meeting. Such waiver, whether given before or after the meeting of which notice is required to be given, will cure any default in giving such notice. 3.16 Location Meetings of the Advisory Board are to be held at such place as may be agreed upon by the Advisory Board from time to time. 3.17 Quorum A quorum for meetings of the Advisory Board is a majority of the number of Members in office at the particular time and no action is to be taken at a meeting of the Advisory Board unless a quorum is present. Page 10 Draft 96 -January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase of insurance 3.18 Agreement Without Voting Any matter within the competence of the Advisory Board that is agreed or consented to in writing by every Member is binding on all the Subscribers. 3.19 Duty of Care Every member, in exercising his/her powers and discharging his/her duties, must: (a) act honestly and in good faith, with a view to the best interests of the Subscribers as a group in respect of the Fund; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 3.20 Conflicts of Interest Members and/or Alternates shall not: (a) engage in any business or transaction or have a financial interest or other personal interest which is incompatible with the discharge of their official duties on the Advisory Board; (b) engage in any outside work or business undertaking in which the member has an advantage or appears to have an advantage derived from involvement with the Advisory Board; (c) place themselves in a position where they are under obligation to any person who might benefit from special consideration or favour on their part or who might seek, in any way, preferential treatment; (d) place themselves in positions where they could derive any direct or indirect benefit or interest from any contracts about which the Member can influence decisions; (e) benefit from the use of information acquired during the course of their official duties as a member of the Advisory Board which is not generally available to the public; (f) accept a fee, gift or personal benefit that is connected directly or indirectly with the performance of his or her dunes of office as a Member of the Advisory Board; (g) participate in any decision or make any recommendation to the Advisory Board in which they or their immediate family has any financial interest. Page 11 Draft =6 -January 6. 2000 ,t'lunicipalities in Durham Region Subscribers' Agreement%r the Purchase ojlnsurance Whenever a Member considers that he or she could be involved in a conflict of interest as prohibited by this section, the Member shall immediately disclose the situation to the Advisory Board. Should a situation arise which appears to be a contravention of this section, the Advisory Board shall determine what action is appropriate to the circumstances. 3.21 Limitation of Liability No Member is liable for the acts, receipts, neglects or defaults of any other Member in any respect, or for any loss, damage or expense happening to any Subscriber in respect of the Fund, or for the insufficiency or deficiency of any security in or upon which any of the moneys of the Subscribers is invested, or for any loss or damage arising from the bankruptcy, insolvency or tortious acts of any person with whom any of the moneys, securities or effects of the Subscribers in respect of the Fund be deposited, or for any loss occasioned by any error of judgment or oversight on his/her part, or for any other loss, damage or misfortune whatever which happens in the execution of the duties of his/her office or in relation thereto, unless the same are occasioned by his/her own wilful neglect or default; provided that nothing herein will relieve any Member of the duty to act in accordance with this Agreement or of liability for any breach thereof. 3.22 Indemnity of Members Every Member and every former Member of the Advisory Board and every officer and every former officer appointed by the Advisory Board and their heirs and legal representatives will be indemnified and saved harmless by the Subscribers from and against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment reasonably incurred by him/her in respect of any action or proceeding to which he/she is made a party by reason of being or having been a Member or officer if: (a) he/she acted in good faith with a view to the best interests of the Subscribers as a group in respect of the Agreement; and (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he/she had reasonable grounds for believing that his/her conduct was lawful. 3.23 Liability Insurance The Advisory Board shall purchase and maintain insurance for the benefit of any person referred to in Section 3.22 against any liability incurred by him/her in respect of his/her duties, except where the liability relates to the failure to act honestly and in good faith, with a view to the best interests of the Subscribers as a group in respect of the Agreement. Page 1? Drafl 96 - January 6. 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase oflnsurance ARTICLE 4.00 - ACCOUNTING AND FINANCIAL REPORTING 4.01 Fiscal Period Accounts for the Fund will be prepared and settled as of the last day of each Fiscal Year or as of any other date the Advisory Board may agree upon. 4.02 Books and Records Proper and complete books, records, reports and accounts of the Fund will be kept at the administrative office of the Fund and will be open and available for inspection and copying by any Subscriber or its authorized representative at any reasonable time during normal business hours. The said books and records will fully and accurately reflect all transactions of the Fund and will be maintained in conformity with generally accepted accounting principles. 4.03 Subscriber Accounts Individual accounts will be kept for each Underwriting Period showing for each Fiscal Year each Subscriber's participation in the operations and the operating results of the Fund in the manner determined by the Rules. I 4.04 Annual Report Within 120 days after the end of each Fiscal Year, the Advisory Board will cause the accountants of the Fund to furnish to each Subscriber an annual report consisting of: (a) the financial statements of the Fund at the end of the Fiscal Year; (b) the report of the Actuary; (c) the Subscriber Participation Percentage of each Subscriber for the Fiscal Year; (d) any additional information that may be required by the Advisory Board or any government or governmental authority under applicable legislation. 4.05 Audit The accounting records and reports of the Fund will be audited annually by such firms as the Advisory Board may choose from time to time. Page 13 Draft ; 6 - January 6, 2000 Municipalities in Durham Region Subscribers'Agreement for the Purchase oflnsurance 4.06 Bank Accounts The bank of the Fund will be such Canadian chartered bank or banks as the Advisory Board may from time to time determine. All moneys received from time to time on account of the Fund will be paid forthwith into the bank account of the Fund in the same drafts, cheques, bills and cash in which they are received. Until changed by a decision of the Advisory Board, all cheques, negotiable instruments and withdrawals from bank accounts up to but not exceeding $10,000 require the signature of the Manager of the Fund, if any, and one signing officer appointed by the Advisory Board and, if there is no Manager, of two signing officers appointed by the Advisory Board and all cheques, negotiable instruments and withdrawals from bank accounts exceeding $10,000 require the signature of two signing officers appointed by the Advisory Board. ARTICLE 5.00 - SUBSCRIBERS 5.01 Founding Subscribers Each Municipality whose name appears in Schedule A attached hereto, and who executes and delivers the Form of Subscription attached hereto as of [March 1, 2000] or before, will automatically become a Subscriber with effect from [March 1, 2000] ("Subscription Date"). 5.02 Additional Subscribers The Advisory Board may accept additional qualified Municipalities to become parties to this Agreement and thereby become Subscribers in accordance with the following provisions: (a) any Municipality contained within the Regional Municipality of Durham at the effective date of this Agreement may apply to become a Subscriber provided that: (i) such Municipality submits a written application in acceptable form and remits the application together with such application fee as may be prescribed by the Advisory Board from time to time; (ii) such Municipality provides the historical claims information, data and other relevant information that the Advisory Board, the Actuary and the insurers/reinsurers deem necessary or appropriate to properly assess participation qualifications; (iii) such Municipality co-operates with the Advisory Board in providing such information and documentation as it may require; Page 14 Draft ' 6 - January 6. 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase oflnsurance (b) The Advisory Board will review the application to become a Subscriber and will make a recommendation to the Councils of the participating Subscribers. A Municipality's application will be accepted if 80% of the Councils agree, subject always to the following: (i) receipt of a duly executed Form of Subscription from such Municipality in the form attached as Schedule A; (ii) receipt of a copy of the resolution of Council authorizing Subscription to the Fund; and (iii) receipt of any fees required to be paid by such Municipality. (c) After acceptance by the Councils in the manner indicated above, the Advisory Council will notify the Municipality of its acceptance by the Councils to become a Subscriber. 5.03 Effective Date of Subscription The effective date of Subscription ("Subscription Date") for any particular Subscriber, is: (a) if the Subscriber is a Founding Subscriber, [March 1, 2000], or (b) if the Subscriber is not a Founding Subscriber, the date specified by the Advisory Board in the notification to the Municipality accepting it as a Subscriber. 5.04 Minimum Period of Subscription If the Subscriber's Subscription Date is coincident with, or on or before the expiry of the first year in an Underwriting Period, the minimum period of subscription will be such Underwriting Period or the balance thereof. If the Subscriber's Subscription Date is after the expiry of the first year of an Underwriting Period, the minimum period of subscription will be the balance of the then -current Underwriting Period plus the immediately subsequent Underwriting Period. 5.05 Termination of Subscription (a) The Advisory Board is empowered to remove, by Extraordinary Resolution, a Subscriber by providing such Subscriber with a notice in writing to that effect, in the event that the Subscriber: (i) fails to comply with any term of this Agreement after having been given 30 days' written notice by the Advisory Board of the details of its failure to comply and the Subscriber has not yet rectified such non-compliance within 30 days after receipt of such notice; Page 15 Draft a6 —January 6, 2000 Municipalities in Durham Region Subscribers'Agreement for the Purchase of/nsurance (ii) fails to pay any premium, levy or other fee or assessment within seven days when due hereunder; (iii) fails, in the opinion of the Advisory Board, to continue to meet the eligibility criteria for participation in the Fund and the Subscriber fails to rectify this condition to the satisfaction of the Advisory Board within 90 days after receipt of such notice. (b) The effective date of termination of participation in the Fund in the event of termination: (i) pursuant to Paragraph 5.05(a)(i), will be 30 days after receipt of the written notice, if the failure has not been rectified; (il) pursuant to Paragraph 5.05(a)(ii), will be seven days after receipt of written notice that such premium, levy or other fee or assessment has not been paid; pursuant to paragraph 5.05(a)(iii), will be at the expiration of 90 days following the date of receipt of written notice of termination. (c) Subject to the minimum period of subscription set out in Section 5.04, a Subscriber may withdraw from participation in the Fund at the end of any Underwriting Period, provided that it provides the Fund with six months' written notice of its intention to withdraw, in which event, such withdrawal will take effect upon the expiry of that Underwriting Period. In the event there is a failure to give such notice, the Subscriber will be deemed to have elected to participate in the immediately succeeding Underwriting Period. 5.06 Subscriber Dissolution, Merger or Break -Up (a) If a Subscriber is dissolved, it will cease to be a Subscriber as of the date of its dissolution, this date being the date as approved by the Ontario Municipal Board in accordance with the provisions of the Municipal Act, RS.O 1980, c.218, as amended, if such approval is applicable in law or if by statutory enactment, this date being the effective date of dissolution as set out in the legislation. (b) Notwithstanding sub -paragraph (a) hereof, if as a result of municipal restructuring. (i) a Subscriber is merged or amalgamated with another Municipality that is not a Subscriber, the Subscriber will cease to be a Subscriber unless the merged entity elects to continue as a Subscriber and it meets the conditions set by the Advisory Board. The newly merged Municipality Page 16 Drat! #6 - January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for. the Purchase of Insurance may only continue by applying to the Advisory Board as set out in Article 5.02; (ii) a Subscriber is merged with another Municipality that is a Subscriber, the merged entity will be deemed to be a Subscriber as of the effective date of the merger; (iii) a new Municipality is formed from a Subscriber and the Subscriber is not a regional municipality and does not cease to exist, the Subscriber will remain a Subscriber and the new entity will be a Subscriber provided that it continues to meet the Eligibility Criteria set by the Advisory Board. .. 5.07 Continuing Liability If a Subscriber ceases to be a Subscriber, and the Subscriber is not a regional municipality and does not cease to exist it will continue to be liable for any Assessment(s) arising during or after such cessation in respect of claims incurred prior to the effecuve date of its cessation, unless satisfactory arrangements are made with the Advisory Board, satisfactory to the Advisory Board in its sole discretion, to buy out such liability. ARTICLE 6.00 -OPERATION OF THE FUND 6.01 Insurance Policies The Advisory Board will arrange for Insurance Policies for the Subscribers with Deductibles as elected by each Subscriber, for Indemnities and Retentions and limits of liability as determined by the Advisory Board. 6.02 Determination of Levies Payable The Advisory Board will, in respect of each Underwriting Period, on the advice of the Actuary determine the levy payable by each Subscriber. The levy with respect to any year will be sufficient to fund any insurance/reinsurance, excess or stop -loss insurance premiums to make payments under the Indemnities, to provide funds for the Claims Fluctuation Reserve and to fund the administrative expenses of the Fund. Such levies will be determined based upon the Annual Incurred Losses for that Subscriber as determined by the Advisory Board, by Ordinary Resolution, on the advice of the Actuary. 6.03 Assessments (a) Assessments in respect of an Underwriting Period will be made by the Advisory Board on the advice of the Actuary if the aggregate of the levies received for such Page 17 Draft # 6 — January 6, 2000 Municipalities in Durham Region Subscribers'Agreement for the Purchase oflnsurance Underwriting Period, after recognition of investment income earned thereon, is not sufficient to pay any insurance/reinsurance and excess and stop loss premiums attributable to such Underwriting Period, to pay the actual losses under the Indemnities, to provide funds for the Claims Fluctucation Reserve and to fund the administrative expenses of the Fund. (b) The Subscribers acknowledge that they may be responsible for additional assessments based on the actual loss experience of the Fund. (c) Loss claims experience for each Underwriting Period will be assessed annually and potential deficits and surpluses shall be estimated and amortized over three years, or such other period as is determined by the Advisory Board- (d) oard (d) In the event that an assessment is required, the Advisory Board will so notify each Subscriber of the amount of the Assessment which each Subscriber is to pay and the Assessment will be due 30 days following receipt of such notice or at such later date as may be prescribed in such notice. The notice will set out in reasonable detail the reasons for the Assessment and the basis upon which the Assessment is determined. (e) Assessments will be allocated on the basis of the Subscribers Participation Percentage for each Subscriber in the Underwriting Period. The Advisory Board will make all assessments on the advice of the Actuary, 6.04 Obligation to Pay (a) Each Subscriber covenants and agrees to pay forthwith when due any levy or Assessment required pursuant to the tents of this Agreement. If the levy or Assessment is not paid by a Subscriber when due, an interest charge of Prime plus 2%, compounded monthly, on the outstanding levy or Assessment payable will be payable by the Subscriber. (b) Interest will be payable as follows: (i) at an annual rate of interest expressed on the basis of a 365 or 366 day year, as the case may be, equal to Prime, (ii) interest shall be calculated monthly based on the number of days actually elapsed, (iii) interest accrued is payable in arrears on the last day of each month except that, if the last day of the month is not a Business Day, on the immediately Preceding Business Day (where Business Day means any day other than a Saturday, Sunday, statutory holiday or other day on banks in Ontario are required by law to close or are customarily closed), and Page 18 Draft R6 - January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase of Insurance (iv) changes in Prime cause immediate adjustment of the interest rate applicable thereto as and from the effective date of any such change without the necessity for any additional notice to the Subscriber. 6.05 Closure of Underwriting Period (a) Upon the Closure Date of an Underwriting Period, at the discretion of the Advisory Board, and subject to Section 7.01, the excess, if any, of the realized value of the Fund's assets over outstanding obligations of the Fund, will be shared ` among all Subscribers in direct proportion to their Subscribers Participation Percentage. Any deficit remaining upon the Closure Date will be dealt with in accordance with section 6.03. (b) Prior to the Closure Date of an Underwriting Period, as considered prudent by the Advisory Board, and subject to Section 7.01, excess assets of the Fund, or any part thereof, may be paid out to the Subscribers, applied to reduce the actuarially determined levy or retained and applied towards a Claims Fluctuation Reserve for the next Underwriting Period, in each case in direct proportion to their Subscribers Participation Percentage. i (c) A Subscriber will not share in that part of the excess attributable, as determined by the Actuary, to the period prior to the date on which that Subscriber became a Subscriber. Further, any subscriber not participating in the next following Underwriting Period will not share in any excess of assets over liabilities for the preceding Underwriting Period during which the Subscriber participated. The foregoing restriction on the return of excess assets attributable to the immediately preceding Underwriting Period does not apply to the return of that portion of any levy paid by the Subscriber during such Underwriting Period which is determined by the Actuary, at the time such levy is paid, to be a contribution to a surplus account or contingency reserve, plus investment income attributable thereto, unless such amounts (or part thereof) have been allocated by the Advisory Board for other purposes. 6.06 Excess and Stop Loss Insurance The Advisory Board will endeavour to arrange insurance policies providing excess insurance coverage over and above the Retention and stop loss insurance coverage. The insurance policies will name the Subscribers as insureds. In order to minimize the cost of such coverage, the Fund will perform the administrative services of collecting the premiums from the Subscribers for remittance to the Insurer and will report claims to the Insurer based on notices of claim given by the Subscribers to the Fund. Page 19 Draft 46 - January 6, 2000 Municipalities in Durham Region Subscribers' Agreement for the Purchase ofinsvrance 6.07 Retention The Advisory Board will endeavour to arrange the Indemnity between each Subscriber and the Insurer to cover claims for the Retention. The Retention required under the Indemnity shall provide for payment by the Subscriber to the Insurer of amounts within the retention which shall come from the Fund. Claims are to be paid out to the insurer under the indemnity as they arise in accordance with its terms. ARTICLE 7.00 - TERMINATION 7.01 Termination of this Agreement (a) The Subscribers may terminate this Agreement by resolution or by-law passed by a majority of each of the Subscribers. (b) Upon termination, as and when determined by the Advisory Board, the assets of the Fund will be liquidated and the excess, if any, of the realized value of such assets over outstanding obligations (including the setting aside of an adequate reserve for future claims), will be returned to the Subscribers in direct proportion to their Subscribers Participation Percentage for each Underwriting Period not yet closed on the date of termination. (c) Notwithstanding the termination of this Agreement, the Advisory Board, and the Fund, are empowered to continue in operation for the limited purpose of winding up their affairs and, for such purpose, this Agreement will remain in full force and effect until all obligations of the Subscribers have been fulfilled. (d) If this Agreement is terminated, all Subscribers will continue to be responsible for all liabilities and Assessments relating thereto in respect of all Underwriting Periods or portions thereof in which each Subscriber participated. Unless satisfactory arrangements are made by the Advisory Board, satisfactory to the Advisory Board in its sole discretion, to buy out or bond such liability. ARTICLE 8.00 - GENERAL PROVISIONS 8.01 Notice All notices, requests, demands or other communications by the terms hereof required or permitted to be given by one patty to another will be given in writing and served personally, or sent by registered mail, postage prepaid, addressed to: (a) each Subscriber at the address noted below its signature on the signature page hereof or on the Form of Subscription attached hereto as Schedule "A"; Page 20 Draft k6 -January 6. 2000 Municipalities in Durham Region Subscribers' Agreementfor the Purchase of Insurance (b) the Advisory Board or the Fund, c/o: Attention: or at such other address as may be given by any of them to the others in writing from time to time, and. such notices, requests, demands, acceptances and other communications are demed to have been received when delivered, or if sent by registered mail, are deemed to have been received on the third day following the date of mailing the letter. 8.02 Arbitration If any dispute occurs among the parties hereto, or the Advisory Board is unable to reach an agreement, the matter in dispute will be resolved by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario) as amended. 8.03- Confidentiality The Advisory Board shall adopt appropriate procedures to ensure that all information received by the Board remains confidential. Members of the Advisory Board and members of any Committee established by the Board shall keep all information confidential and shall not divulge or use such information other than in the course of his/her duties as a member of the Advisory Board or other Committee. 8.04 Currency All payments contemplated herein are to be made in Canadian funds. 8.05 Calculation of Time Periods Unless otherwise specified in this Agreement, when calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference day in calculating such period is to be excluded. If the last day of the period is a non -business day, the period in question is to end on the next business day. Page 11 Draft #6 -January 6, 2000 Municipalities in Durham Region Subscribers'Agreement for the Purchase oflnsurance 8.06 Subscriber's Right of Inspection Any subscriber by a duly authorized agent, upon reasonable notice, shall have the right, during regular business hours and subject to the reasonable demands of the business of the Fund, to inspect and, at its own expense, to copy the record books, the books of account, and any other book or document of the Fund other than such documents as the Advisory Board shall for time to time designate as confidential. 8.07 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable, the — validity, legality or enforceability of the remaining provisions of this Agreement are not in any way to be affected or impaired thereby. 8.08 Entire Agreement This Agreement constitutes the entire agreement among the parties relating to the establishment and operation of the Fund and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, among the parties with respect thereto. 8.09 Waiver No waiver by any party to this Agreement of any breach of any of the provisions of this Agreement by any other party will take effect or be binding unless in writing and signed by the party intended to be bound. Unless otherwise provided therein, such waiver is not to limit or affect the rights of such party with respect to any other breach. 8.10 Successors and Assigns This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns provided that this Agreement may be assigned by a Subscriber only with the consent of the Advisory Board. 8.11 Further Acts The parties hereto agree to execute and deliver such further and other documents and perform and cause to be performed such further and other acts and things as may be necessary in order to give fiill effect to this Agreement and every part thereof. Page 22 Draft #6 - January 6, 2000 Municipalities in Durham Region Subscribers'Agreement for the Purchase oflnsurance 8.12 Applicable Law This Agreement will be construed and enforced in accordance with the rights of the parties hereto and is to be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. 8.13 Amendments This Agreement may be amended by written agreement of all the Subscribers as confirmed by resolution or bylaw. 8.14 Gender and Number Words importing the singular number only shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and words importing persons shall include a natural person, firm, trust, partnership, association, corporation, government or governmental board agency or instrumentality. 8.15 Headings The division of this Agreement into Articles and Sections and the Article and Section headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. 8.16 Time of Essence Time shall be of the essence of this Agreement. IN WITNESS WHEREOF the parties hereto have subscribed to this Agreement by execution of two copies of the From of Subscription appended to this Agreement as fully as they would have by executing a copy of this Agreement. Page 23 Draft #6 -January 6, 2000 SCHEDULE A FOUNDING SUBSCRIBERS The following Municipalities may become Founding Subscribers pursuant to Section 5.01: Town of Ajax Township of Brock Municipality of Clarington Regional Municipality of Durham Township of Scugog Township of Uxbridge Town of Whitby APPENDIX A FORM OF SUBSCRIPTION Pursuant to the form of Agreement dated as of the [1' day of March, 2000] entitled "Municipalities in Durham Region Subscribers' Agreement for the Funding Arrangement for the Purchase of Insurance", as amended from time to time, (hereinafter referred to as the "Agreement') Municipality Address of the Municipality (hereinafter referred to as the "Municipality"), hereby subscribes to the Agreement. The execution of this Form of Subscription by the Municipality constitutes execution of the Subscribers' Agreement dated [March 1, 2000] (including any future amendments made in accordance with the terms of the Agreement). The Agreement and the Forms of Subscription executed by all other Municipalities shall together constitute the Agreement of the Subscribers, as if all the Subscribers have executed the Agreement. IN WITNESS WHEREOF the Municipality has caused to be affixed its corporate seal duly attested to by the hands of its proper officers duly authorized in that behalf. Dated this (Seal) day of (Name of Municipality) (Authorized Signing Officer) (Authorized Signing Officer) FORM OF TERMINATION OF MUNICIPALITIES IN DURHAM REGION SUBSCRIBERS' AGREEMENT FOR THE PURCHASE OF INSURANCE Subscriber [ ] agrees [ ] disagrees APPENDIX B to terminate the Agreement dated the [1" day of March, 2000] and all amendments thereto, pursuant to Section 7.01 thereof. Date: Subscriber (Seal) Authorized Signing Officer Authorized Signing Officer SCHEDULE "B" TO BY-LAW Draft Fasken Campbell Godfrey Robert W. McDowell Claudia D. Feldkamp November 19, 1999 INDEMNITY made at Toronto, Ontario as of the _day of 2000. To: (Name of Insurance Company) ("Insurance Company") DEFINITION "Retention" means the amount per claim, for which the Insurer is responsible on any such claim under the Insurance Policy, subject to any applicable excess of loss, stop loss or similar insurance, less the Deductible under the Insurance Policy, and for which each Municipality is responsible under this Indemnity. WHEREAS: (A) The undersigned, "Municipality", has obtained from the "Insurance Company" (the insurance policy #_ with respect to coverages (the "Insurance Policy"); (B) The Insurance Company has agreed to assume the payment of claims within the Retention on condition that the Municipality enter into this Indemnity; NOW THEREFORE THIS INDEMNITY WITNESSES THAT in consideration of good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by the Municipality), the Municipality hereby undertakes, covenants and agrees as follows: 1. The Municipality shall indemnify and keep indemnified the Insurance Company in respect of claims under the Insurance Policy as they arise in the following manner: (a) if and whenever the Municipality makes a claim within or in excess of the Retention upon the Company for payment of any amount in respect of the Insurance Policy, the Municipality shall, either investigate, negotiate, adjust, and settle such claim, or assign to an Independent Adjuster to investigate, negotiate, adjust and settle such claim and either: -2- (i) provide the Company with the Municipality's draft, payable to the Company, in the amount claimed and direct the Company to pay the same amount to the claimant; or instruct the Company to deny, or defer payment pending final adjustment of such claim, in which case the Municipality shall, as and when appropriate, instruct counsel to defend on behalf of the Insurance Company any action instituted by the claimant or any other person in respect of or arising out of such claim; Provided that it is understood that the amount payable by the Municipality under this Indemnity in respect of any claim shall not exceed the Retention. (b) if the Company commences proceedings to enforce the terms of this Indemnity, the Company shall be entitled to recover, over and above party and party costs, its own solicitor's fees and expenses in connection with such proceedings, it being the intent hereof that the Company be fully indemnified in respect of all legal costs and expenses incurred by it in such proceedings. 2. It is understood that the Company shall not take any action in respect of any claim, including that it shall not investigate, negotiate, adjust or settle any claim under the Insurance Policy. 3. If the Insurance Policy is cancelled or otherwise terminated, this Indemnity shall continue with respect to claims arising thereunder and until final adjudication or resolution of any such claims. 4. All notices provided for herein shall be in writing and shall be deemed to have been given when delivered personally, or when faxed or five business days after being mailed by registered mail, return receipt requested, addressed as follows: If to the Municipality: If to the Insurance Company: or to the other party at such other address as the party may designate by notice duly given in accordance with this clause, provided that notice shall not be given by mail in the event of an local or national postal disruption or other condition -3 - which might reasonably be anticipated to prevent delivery within 5 days of mailing. 5. This Indemnity shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any laws of Canada applicable therein. IN WITNESS WHEREOF, the Municipality has caused this Indemnity to be duly executed as an instrument by its duly authorized officers as of the date first above written. (Name of Municipality) SCHEDULE "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000 Being a By -Law to Appoint representatives for the Municipality of Clarington on the Board of Directors for Durham Municipal Insurance Pool WHEREAS, Council has passed a By -Law to authorize the Municipality of Clarington to participate in the Durham Municipal Insurance Pool. AND WHEREAS, pursuant to the Subscriber's Agreement, Council must appoint a representative and an alternate to represent the municipality on the Board of Directors for the Durham Municipal Insurance Pool. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT Marie Marano, Treasurer, be appointed as the Municipality of Clarington's representative on the Board of Directors for the Durham Municipal Insurance Pool. 2. THAT Nancy Taylor, Deputy Treasurer, be appointed as the alternate representative for the Durham Municipal Insurance Pool. i By -Law read a first and second time this 24`" day of January, 2000. By -Law read a third and finally passed this 24`" day of January, 2000. Mayor Clerk SCHEDULE "C" January 19. 2000 TO: The Finance and Administration Committee FROM: R.J. Claoo, Commissioner of Finance RE: REPORT #2000-F-03 THE DURHAM MUNICIPAL INSURANCE POOL RECOMMENDATIONS: That the Finance and Administration Committee recommend to Council that: 1) The attached draft Subscribers Agreement and Indemnity Agreement which contain the terms and conditions of an insurance pooling arrangement as -agreed upon by the Treasurers of the Municipality of Clarington, the Towns of Whitby and Ajax, the Townships of Brock, Scugog and Uxbridge and the Region of Durham be approved and that the Regional Chair and Regional Clerk be authorized to sign the final agreements. ?) As part of the terms of the Subscribers Agreement, the Region appoint the Commissioner of Finance as its representative to the Insurance Pool Board of Directors with the Manager of Budgets, Economic Studies and Risk Management as the alternate. 3) The Commissioner of Finance be authorized to acquire the additional staffing and administrative support services necessary to provide the Durham Insurance Group with j the required Pool Management Services with funding provided from the Insurance Pool as agreed by the Insurance Pool members. REPORT: 1.0 INTRODUCTION On June 30, 1999, Regional Council adopted the recommendations of Report #1999-F-38 of the Commissioner of Finance which gave approval for the Region of Durham to participate in the establishment of an Insurance Pool with participating Area Municipalities to co-operatively self insure or pool the cost of insurance claims and to purchase insurance coverages under one common policy from the re -insurance market. Regional Council also adopted the following recommendation regarding a Subscribers Agreement to be entered into by the participating Municipalities: "Authority be given for staff to work with the participating Area Municipal Treasurers, in order to establish an acceptable subscribers agreement, reinsurance contracts and an administrative structure and to report back to the respective Committees and Councils of the Region and the participating Area Municipalities for final approval of the Subscribers Agreement no later than December 1999." 65 REPORT #2000-F-03 THE DURHAM MUNICIPAL INSURANCE POOL 1.0 INTRODUCTION/cont'd The purpose of this report is to provide the Finance and Administration Committee and Regional Council with an update on the status of the Insurance Pool and to seek approval for the Subscribers Agreement and the Indemnification Agreement to enable Regional participation in the Insurance Pool. 2.0 POTENTIAL SAVINGS IN INSURANCE COSTS OVER 3 YEARS Under the proposed Insurance Pooling Arrangement, participating municipalities will combine their existing insurance premiums into a single pool to purchase a common insurance policy from the re -insurance markefwith a pool deductible of approximately 5350,000. Participating municipalities will retain their current local liability insurance deductibles (which range from 55,000 to $100,000) and the Pool will fund the cost of insurance claims which fall between the local deductibles of the participating municipalities and pool deductible of $350,000. Claims in excess of 5350,000 will be paid by the reinsurance company. Stop loss insurance will be purchased by the Pool to limit the aggregate of all losses incurred by the Pool (i.e. all claims less than $350,000) to $1.0 million in any given year as indicated in the chart below: Pooled Risk Transferred Excess of $350,000 per claim Risk $1.ONUS3.OM aggregate - as per claim .OM aggregate REPORT 42000-F-03 THE DURHAM MUNICIPAL INSURANCE POOL 2.0 POTENTIAL SAVINGS IN INSURANCE COSTS OVER 3 YEARS/cont'd Potential savings to the Pool could range from $0.5 million to $2.5 million if claim losses are favourable over the 3 year period. 3.0 PARTICIPATING MUNICIPALITIES • To date the Treasurers of the Region and six Area Municipalities (Clarington, Whitby, Ajax, Brock, Scugog and Uxbridge) have indicated their intention to participate in the Pooling arrangement. The City of Oshawa declined an invitation to participate from the outset of the pooling review and staff of the City of Pickering although participating in the process and meetings to date, have not indicated a willingness to participate in the pooling arrangement. If the City of Pickering respond favourably to participation in the Insurance Pool, the potential savings would range between S 1.4 million to S3.4 million over the three year period. 4.0 OVERVIEW OF SUBSCRIBERS' AGREEMENT Since June 1999, the Treasurers of the participating Area Municipalities, the Region and the City of Pickering have met on numerous occasions to review the Subscribers Agreement (copy attached). The Subscribers' Agreement is a comprehensive legal document which sets forth provisions relating to the formal establishment of the Insurance Pool Board of Directors, funding arrangements, accounting and financial reporting, subscribers rights and obligations, operation of the fund and termination conditions. The main provisions of the Subscribers Agreement are as follows: Participating municipalities are to commit to an initial 3 year period with an option to terminate their participation, subject to certain conditions and penalties. Participating municipalities are to share surpluses in the Pool based on their proportion of the total premiums paid into the Pool by all participating municipalities. At the end of the third year, surpluses may be returned to the participating municipalities, premium contributions may be reduced accordingly throughout the three years or the insurance program could be reworked and enhanced. An Insurance Pool Board of Directors is to be established and composed of one member from each participating municipality with each member having one vote. It is anticipated that the Area Treasurers who are involved in insurance matters for their respective municipalities would be the appointees. The Board of Directors would meet regularly and has the responsibility for the general operation of the Insurance Pool. 67 REPORT #2000-F-03 THE DURHAM MUNICIPAL, INSURANCE POOL _ 4.0 OVERVIEW OF SUBSCRIBERS' AGREEMENT/cont'd The Subscribers' Agreement contains a number of detailed provisions regarding the participation of subscribers and the termination or withdrawal from the Pooling arrangement including: • The initial levy will be based upon annual premiums paid to previous insurer by each subscriber for 1998/1999 premium year. • The Board of Directors will determine, with the advice of the actuary, the levy payable by each Subscriber. • Additional subscribers may be accepted into the Insurance Pool at a later date if they are within the Regional Municipality of Durham and 80% of the Councils of the participating subscribers agree. • The Insurance Pool is subject to annual audit and reporting provisions. • Prior to the end of the 3 year underwriting period, the Board of Directors may also pay out excess assets of the fund, reduce required levies, or supplement the claims fluctuation reserve. • Upon termination, excess assets (after an appropriate reserve for future claims has been set aside), will be returned to subscribers based on their participation percentage. • Subscribers may withdraw at the end of any three year underwriting period with six months written notice. The subscriber will continue to be liable in respect of claims incurred prior to withdrawal. • At the end of each three year underwriting period, the Board of Directors will determine if any excess, or part thereof, of the realized value of the Insurance Pool assets over obligations will be shared among all subscribers based on their subscribers participation. • The subscribers may terminate the subscribers agreement by By-law passed by a majority of the subscribers. The draft Subscribers Agreement, as attached to this report, incorporates changes and suggestions proposed by the Treasurers and legal counsels representing each participating municipality. There are several minor issues which need to be finalized by the legal counsels. if in finalizing the Agreements there are any major variations from the attached draft agreement, staff will report back to the Finance and Administration Committee and Council. REPORT #2000-F-03 THE DURHAM MUNICIPAL INSURANCE POOL 5.0 POOL MANAGEMENT SERVICES In accordance with Council direction, the staff of the participating municipalities and the Region have reviewed alternative administrative structures relating to the operation of the Pool and the handling of all claims on behalf of the Board of Directors. It was agreed that one of the most cost effective administrative structure was to retain the Region to provide the Insurance Pool Management services on a contract basis as the Region currently has the most experienced staff in terms of managing insurance claims with higher deductibles and, all aspects of the broader insurance portfolio. By augmenting the already existing resources of the Region, the following Pool Management Services can be provided: • Claims handling and administration • Risk management and liability programs • Insurance claims and financial reporting • Computer and financial services The Insurance Board of Directors will have the responsibility to oversee the Pool Management Services provided by the Region and will have input into the decisions regarding staffing and resources required to provide the Pool Management Services. These arrangements will be finalized prior to the launch of the Pool. 6.0 NEXT STEPS The recommendations contained in this report seek Regional Council's approval of the Subscribers Agreement and Indemnification Agreement and will permit staff to finalize the administrative and reporting structures for a target launch date of March 1, 2000 (earliest) or April 1, 2000. Concurrently, the local Councils of the participating Area Municipalities are also being requested to approve similar recommendations by their respective staffs. At the time of preparing this report, the City of Pickering had not indicated its participation in the Pool. Staff of the remaining participating municipalities have tentatively agreed that should Pickering indicate its willingness to participate in the pool, all efforts will be made to accommodate Pickering within the Pool. 69 REPORT #2000-F-03 THE DURHAM( MUNICIPAL INSURANCE POOL 6.0 NEXT STEPS/cont'd Accommodations would also be made with the Pooling Agreement if the City of Oshawa wishes to join the Pool prior to the target launch date of March I or April 1/2000. The subscriber agreement sets out the requirements for entry into the Pool subsequent to the start up. Encl. Recommended for Presentation to Committee: G.H. Cubitt, Chief Administrative Officer 70 R.J. Clapp, CA, Commissioner of Finance mew\ReportsUnsPlStat SUMMARY OF BY-LAWS JANUARY 24, 2000 BY-LAWS 2000-07 being a by-law to appoint a By-law Enforcement Officer (Item #11 of Report #1) 2000-08 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Robert Edgar, Newcastle, Ontario, to enter into an agreement for the sale of 2727 Morgans Road, Newcastle, Ontario (Confidential Report TR -05-00) 2000-09 being a by-law to execute an agreement between the Corporation of the Municipality of Clarington and Towns of Whitby and Ajax, Townships of Brock, Scugog and Uxbridge and the Region of Durham to enter into a Subscriber's Agreement and Indemnity Agreement for the provision of Municipal Insurance Coverage (Report TR -06-00) 2000-10 being a by-law to Appoint representatives for the Municipality of Clarington on the Board of Directors for Durham Municipal Insurance Pool (Report TR -06-00) 2000-11 being a by-law to amend By-law 97-6, a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees (Item #12 of Report #1) 2000-12 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Applicant) (Adopted by Council on June 14, 1999)