HomeMy WebLinkAbout06/26/2000�uNici�A�iT� O�
ONTARIO
DATE: JUNE 26, 2000
PLACE: COUNCIL CHAMBERS
TIME: 7:00 P.M.
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a meeting of Council held on June 12, 2000
Minutes of a special meeting of Council held on June 19, 2000
PRESENTATIONS
Ron Radcliff and Evelyn Stroud, Road Watch Committee - Annual Report
2. Jennifer Cooke, Marketing and Tourism Officer - Clarington's Backyard
Festival - CFRB Signature Vacation Travel Voucher Contest
DELEGATIONS
Bernice Petryshyn, 1671 Taunton Road East, Hampton, LOB 1JO -
Report PD- 059 -00 (Item #4 of Report #1)
2. Debbie Clarice, Valiant Property Management, 177 Nonquon Road, 20tt' Floor,
Oshawa, L 1 G 3 S2 - Report PD- 061 -00 (Item #6 of Report # 1)
3. Frank Glasbergen, c/o F G Services, 71 Mearns Court, Unit 13, Bowmanville,
L 1 C 4N4 - Report CD -32 -00
4. Garth Gilpin, Bowmanville BIA, P.O. Box 365, Bowmanville, LIC 3L1 - Free
Three Hour Parking Downtown
5. Bill Humber, Old Bowmanville Neighbourhood Association, c/o 69 Concession
Street West, Bowmanville, L1C lY7 - Concession Street West Redesignation
from Reiterial to Local
40 TEMPERANCE STREET � €3oWMANVit-1.E ^ ONIAR10 • 1...1C 3A6 = (905) 623 -3379 = FAX 623 -4169 HECYCLEDPAaEk
WEBSITE: WWW.fnurilcipality . claririgton.on.ca
Council Agenda - 2 - June 26, 2000
6. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2M1 - Courtice Wetlands
(Correspondence Item D - 4)
7. Roy Forrester, 6 Mill Lane, Orono, LOB IMO - Oak, Ridges Trail Association
8. Mrs. Corscadden, 1712 Nash Road, Courtice, LIE 2L8 - Sidewalks on Nash
Road, Courtice
9. Brian Bremner, 1716 Nash Road, Courtice, LIE 2L8 - Sidewalks on Nash Road,
Courtice
10. Kibor MosolancAd, 4 Ford Street, Courtice, LIE 21-17 - Sidewalks on Nash Road,
Courtice
11. Doris Drumm, 1708 Nash Road, Courtice, LIE 2L8 - Sidewalks on Nash Road,
Courtice
12. Andy Shayda, 1730 Nash Road, Courtice, L 1 E 21, 8 - Sidewalks on Nash Road,
Courtice
13. Jack Duguay, 124 George Street East, Newcastle, LIB 1J4 - Confidential Report
CD -31 -00
COMMUNICATIONS
Receive for Information
I - 1 Central Lake Ontario Conservation Authority - Electroiishing in Oshawa
I - 2 Minutes of the Newcastle Community Hall Board dated May 15, 2000
I - 3 Canadian Nuclear Safety Commission - New Powers to Protect Health, Safety,
Security and the Environment
I - 4 Minutes of the Animal Advisory Committee dated May 10, 2000
I - 5 K. Johansen, Project Manager - Environmental Assessment, Ontario Power
Generation - Pickering `A' Return to Service Environmental Assessment
I - 6 Judy Herod, Communications Coordinator, Ganaraska Region Conservation
Authority - When Nature Calls
I - 7 P.M. Madill, Regional Clerk, Region of Durham - Smoking in Public Places and
Workplaces
Council Agenda - 3 - June 26, 2000
I - 8 Scott Berry, Public Affairs, Pickering Nuclear, Ontario Power Generation -
Monthly Report Cards for Ontario Power Generation Nuclear and Pickering and
Darlington Nuclear
I - 9 Association of Municipalities of Ontario - AMO Acts to Protect Ontario's Water
I - 10 Steve Jacobs, Senior Project Manager, Cole, Sherman Consulting Engineers -
Highway 35 Improvements from Highway 115 Northerly to Highway 7,
Preliminary Design/Class Environmental Assessment, Group `B' Project
I - 11 Association of Municipalities of Ontario - Ministers' and Parliamentary
Assistants' Delegations
I - 12 Association of Municipalities of Ontario - Land Ambulance Funding Update
I - 13 Thomas W. Flood, Co- Chair, Ontario Sumner Games 2000 - Games Organizing
Committee Newsletter
I - 14 Donald G. McKay, Town Clerk, The Corporation of the Town of Whitby -
Governance Studies
I - 15 Management Board Secretariat - Charity Casinos
Receive for Direction
D - 1 Walter H. Gibson - 20th Annual Terry Fox Run
D - 2 Brian Collins, President, Durham Region Home Builders' Association -
Development Charges By -law
D - 3 Bob Willsher - Samuel Wilmot Nature Area Management Advisory Committee
D - 4 Libby Racansky - Update on Wetlands in Courtice
D - 5 Beryl Clark, The Orono and District Community Association - Sidney B.
Rutherford Woods Walk Park
D - 6 Marilyn Holm, Senior Development Associate and Bob Attwell, Development
Associate - Arthritis Month
D - 7 Lindsay Hedderson, Contract Administrator, Highway Construction Inspection
Ontario Inc. - Highway 401 Resurfacing, Stevenson Road to Highway 35/115
Council Agenda - 4 - June 26, 2000
D - 8 Beat Niklaus - Oak Ridges Trail Association
D - 9 Melanie Munro - Financial Assistance
D - 10 Paul Temple, Senior Vice President, Corporate Development, Pelmorex
Communications Inc. - Emergency Alert System
D - 11 James Knight, Executive Director, Federation of Canadian Municipalities -
Technology in Government Week Distinction Award 2000
D - 12 Sandra Kranc, Manager of Support Services, City of Oshawa - A Made -in-
Durham Governance Solution
D - 13 Betteanne M. Cadman, Township of Delhi - Province Wide Smoking Policy
D - 14 Tim Hamre, Clarington Boy's Slo -Pitch Association - Fee for Bowmanville
Recreation Centre's Diamonds
D - 15 William Salter, President, Ontario Senior Games Association - 2003 Ontario
Senior Games - Winterfest Games
D - 16 Linda Andrew, Clerk, Township of Ashfield - Province -Wide Moratorium on
Liquid Manure Facilities
MOTION
NOTICES OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of June 19, 2000
2. Report TR -41 -00 - RFP2000 -3, Architectural Services - Courtice Community
Complex Expansion
3. Report CD -32 -00 - Vicious Dog Declaration - Glasbergen
4. Confidential Report CD -31 -00 - Personnel Matter (to be distributed under
separate cover)
Council Agenda -5 - June 26, 2000
UNFINISHED BUSINESS
SOLIC -3 -00 - Amendment and Implementation of the Principles of
Understanding between Blue Circle Canada Inc., and the Municipality of
Clarington dated November 3, 1997 (Deferred to June 26, 2000, at the Special
Council meeting held on June 19, 2000)
BY -LAWS
OTHER BUSINESS
(a) Regional Update
(b) Committee /Boards Update
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF BY -LAWS
JUNE 26, 2000
BY -LAWS
2000 -96 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (Item #6 of
Report #1)
2000 -97 being a by -law to amend By -law 99 -152 being a by -law to appoint a
By -law Enforcement Officer (Item #8 of Report #1)
2000 -98 being a by -law to amend By -law 90 -178, being a by -law to regulate the
setting of fires within the Municipality of Clarington (Item # 17 of
Report #1)
2000 -99 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and Futuresign Multimedia Displays Inc.,
Ontario, in respect of the Marketing, Sale of Space and Production of Rink
Board Signs for the Garnet B. Rickard Recreation Complex and the
Darlington Sports Centre (Item 2a) of Report #1)
2000 -100 being a by -law to amend By -law 91 -58, as amended, being a By -law to
Regulate Traffic on Highways, Municipal and Private Property in the
Municipality of Clarington (Item # 19 of Report # 1)
2000 -101 being a by -law to authorize the execution of the Fourth Amending
Agreement to the Principles of Understanding - Blue Circle Canada Inc.
2000 -102 being a by -law to authorize a Transfer of Easement to the Municipality of
Clarington
2000 -103 being a by -law to authorize the execution of a Maintenance and
Monitoring Agreement re: Westside Marsh
2000 -104 being a by -law to amend By -law 84 -63, the Comprehensive By -law for the
Corporation of the Municipality of Clarington (Approved by Council on
February 12, 1996)
2000 -105 being a by -law to prescribe the height and description of lawful fences in
the Municipality of Clarington and to repeal By -law 89 -46 as amended
(Item #12 of Report #1)
2000 -106 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and Thomas E. Brown, Ontario, for the
Architectural Services for the Courtice Community Complex Expansion
(Report TR- 41 -00)
MUNICIPALITY OF CLARINGTON
COUNCIL MEETING
JUNE 26, 2000 - 7:00 P.M.
FILE
MUNICIPALITY OF
larington
ONTARIO
DATE: JUNE 26, 2000
PLACE: COUNCIL CHAMBERS
TIME: 7:00 P.M.
LAYERS
)LL CALL
-SCLOSURES OF PECUNIARY INTEREST
INUTES OF PREVIOUS MEETING
Minutes of a meeting of Council held on June 12, 2000
Minutes of a special meeting of Council held on June 19, 2000
PRESENTATIONS
Ron Radcliff and Evelyn Stroud, Road Watch Committee - Annual Report
2. Jennifer Cooke, Marketing and Tourism Officer - Clarington's Backyard
Festival - CFRB Signature Vacation Travel Voucher Contest
:LEGATIONS
Bernice Petryshyn, 1671 Taunton Road East, Hampton, LOB IJO -
Report PD -059-00 (Item #4 of Report # 1)
2. Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20`h Floor,
Oshawa, L 1 G 3S2 - Report PD -061-00 (Item #6 of Report #1)
Frank Glasbergen, c/o F G Services, 71 Meams Court, Unit 13, Bowmanville,
LIC 4N4 - Report CD -32-00
4. Garth Gilpin, Bowmanville BIA, P.O. Box 365, Bowmanville, LIC 3L1 - Free
Three Hour Parking Downtown
5. Bill Humber, Old Bowmanville Neighbourhood Association, c/o 69 Concession
Street West, Bowmanville, LIC IY7 - Concession Street West Redesignation
from Reiterial to Local
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO • LIC 3A6. (905) 623-33]9 • FAX 6234169
WEBSITE: www.moniciealuv om...,. �,._ ,, ., ._ •mmuo rou
Duncil Agenda - 2 - June 26, 2000
6. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2M1 - Courtice Wetlands
(Correspondence Item D - 4)
7. Roy Forrester, 6 Mill Lane, Orono, LOB 1 MO - Oak Ridges Trail Association
8. Mrs. Corscadden, 1712 Nash Road, Courtice, LIE 2L8 - Sidewalks on Nash
Road, Courtice
9. Brian Bremner, 1716 Nash Road, Courtice, LIE 2L8 - Sidewalks on Nash Road,
Courtice
10. Kibor Mosolanczki, 4 Ford Street, Courtice, LIE 21-17 - Sidewalks on Nash Road,
Courtice
11. Doris Drumm, 1708 Nash Road, Courtice, LIE 2L8 - Sidewalks on Nash Road,
Courtice
12. Andy Shayda, 1730 Nash Road, Courtice, LIE 2L 8 - Sidewalks on Nash Road,
Courtice
13. Jack Duguay, 124 George Street East, Newcastle, LIB 1J4 - Confidential Report
CD -31-00
COMMUNICATIONS
Receive for Information
I - 1 Central Lake Ontario Conservation Authority - Electrofishing in Oshawa
I - 2 Minutes of the Newcastle Community Hall Board dated May 15, 2000
I - 3 Canadian Nuclear Safety Commission - New Powers to Protect Health, Safety,
Security and the Environment
I - 4 Minutes of the Animal Advisory Committee dated May 10, 2000
I - 5 K. Johansen, Project Manager - Environmental Assessment, Ontario Power
Generation - Pickering `A' Return to Service Environmental Assessment
I - 6 Judy Herod, Communications Coordinator, Ganaraska Region Conservation
Authority - When Nature Calls
I - 7 P.M. Madill, Regional Clerk, Region of Durham - Smoking in Public Places and
Workplaces
)uncil Agenda -3 - June 26, 2000
I - 8 Scott Berry, Public Affairs, Pickering Nuclear, Ontario Power Generation -
Monthly Report Cards for Ontario Power Generation Nuclear and Pickering and
Darlington Nuclear
I - 9 Association of Municipalities of Ontario - AMO Acts to Protect Ontario's Water
1- 10 Steve Jacobs, Senior Project Manager, Cole, Sherman Consulting Engineers -
Highway 35 Improvements from Highway 115 Northerly to Highway 7,
Preliminary Design/Class Environmental Assessment, Group `B' Project
I - 11 Association of Municipalities of Ontario - Ministers' and Parliamentary
Assistants' Delegations
1- 12 Association of Municipalities of Ontario - Land Ambulance Funding Update
1- 13 Thomas W. Flood, Co -Chair, Ontario Summer Games 2000 - Games Organizing
Committee Newsletter
1-14 Donald G. McKay, Town Clerk, The Corporation of the Town of Whitby -
Governance Studies
I - 15 Management Board Secretariat - Charity Casinos
Receive for Direction
D - 1 Walter H. Gibson - 201h Annual Terry Fox Run
D-2 Brian Collins, President, Durham Region Home Builders' Association -
Development Charges By-law
D - 3 Bob Willsher - Samuel Wilmot Nature Area Management Advisory Committee
D-4 Libby Racansky - Update on Wetlands in Courtice
D-5 Beryl Clark, The Orono and District Community Association - Sidney B.
Rutherford Woods Walk Park
D-6 Marilyn Holm, Senior Development Associate and Bob Attwell, Development
Associate - Arthritis Month
D-7 Lindsay Hedderson, Contract Administrator, Highway Construction Inspection
Ontario Inc. - Highway 401 Resurfacing, Stevenson Road to Highway 35/115
)uncil Agenda - 4 - June 26. 2000
D-8 Beat Niklaus - Oak Ridges Trail Association
D-9 Melanie Munro - Financial Assistance
D- 10 Paul Temple, Senior Vice President, Corporate Development, Pelmorex
Communications Inc. - Emergency Alert System
D - i l James Knight, Executive Director, Federation of Canadian Municipalities -
Technology in Government Week Distinction Award 2000
D - 12 Sandra Kranc, Manager of Support Services, City of Oshawa - A Made -in -
Durham Governance Solution
D - 13 Betteanne M. Cadman, Township of Delhi - Province Wide Smoking Policy
D - 14 Tim Hamre, Clarington Boy's Slo-Pitch Association - Fee for Bowmanville
Recreation Centre's Diamonds
D - 15 William Salter, President, Ontario Senior Games Association - 2003 Ontario
Senior Games - Winterfest Games
D - 16 Linda Andrew, Clerk, Township of Ashfield - Province -Wide Moratorium on
Liquid Manure Facilities
OTION
DTICES OF MOTION
;PORTS
General Purpose and Administration Committee Report of June 19, 2000
2. Report TR -41-00 - RFP2000-3, Architectural Services - Courtice Community
Complex Expansion
3. Report CD -32-00 - Vicious Dog Declaration - Glasbergen
4. Confidential Report CD -31-00 - Personnel Matter (to be distributed under
separate cover)
ouncil Agenda - 5 - June 26, 2000
it
NFINISHED BUSINESS
1. SOLIC-3-00 - Amendment and Implementation of the Principles of
Understanding between Blue Circle Canada Inc., and the Municipality of
Clarington dated November 3, 1997 (Deferred to June 26, 2000, at the Special
Council meeting held on June 19, 2000)
Y -LAWS
ITHER BUSINESS
L) Regional Update
Committee/Boards Update
Y -LAW TO APPROVE ALL ACTIONS OF COUNCIL
DJOURNMENT
SUMMARY OF CORRESPONDENCE
JUNE 26, 2000
CORRESPONDENCE FOR INFORMATION
I - 1 Central Lake Ontario Conservation Authority, advising Council that the Aquatic
Resource Technicians are zapping local waterways to investigate the fish
communities in the Oshawa Creek Watershed including the Goodman Creek
Tributary. Electrofishing is just one of the data collection techniques completed
at each of the sites and involves the use of a backpack unit that emits an electric
current into the water. The electrical shock stuns fish long enough for them to be
netted and placed in a special storage unit. The shock is not harmful to the fish
and the storage reduces the level of stress experienced by the fish. The fish revive
in a few seconds and are then grouped according to species, measured, counted
and released. This program involves two Field Crews that will be studying 55
sites to gather data for the Oshawa Creek Watershed Aquatic Resource
Management Plan (ARMP).
(Receive for Information)
1-2 Minutes of the Newcastle Community Hall Board dated May 15, 2000. (A copy
of the correspondence is attached to the Summary of Correspondence.)
(Receive for Information)
1-3 Canadian Nuclear Safety Commission, advising Council that Canada's nuclear
regulator has a major make -over with the launch of the Canadian Nuclear Safety
Commission (CNSC). The new federal agency replaces the Atomic Energy
Control Board (AECB), which served Canada for more than half a century. The
Commission's creation follows the coming into force of the Nuclear Safety and
Control Act on May 31, 2000. The new act replaces the Atomic Energy Control
Act adopted in 1946. The revamped law and regulations represent the first major
overhaul of Canada's nuclear regulatory regime since the AECB was established
in the post-war period. The new legislation reflects the increased focus on health,
safety, security and environmental protection in recent years. The new
regulations under the Nuclear Safety and Control Act are in keeping with current
legal, financial, and technical standards. Every effort is being made to ensure a
smooth transition to the new regime. The more than 4,000 nuclear licences
administered by the Commission will be progressively revised. There is a phase-
in period for some provisions of the new act and regulations for a period of six
months to two years. These temporary exemptions will not pose a risk to health,
safety, security or the environment.
(Receive for Information)
1 - 4 Minutes of the Animal Advisory Committee dated May 10, 2000. (A copy of the
correspondence is attached to the Summary of Correspondence.)
(Receive for Information)
Summary of Correspondence 2 - June 26, 2000
1 - 5 Ontario Power Generation, informing Council that the draft Environmental
Assessment (EA) Report, on OPG's proposal to return the existing Pickering
Nuclear Generating Station 'A' to service, has been completed and was submitted
to the Atomic Energy Control Board (AECB) on April 14, 2000. Ontario Power
Generation has provided their latest issue of their newsletter (No. 5) on the EA
process. (A copy of the correspondence is attached to the Summary of
Correspondence.)
(Receive for Information)
I - 6 Judy Herod, Communications Coordinator, Ganaraska Region Conservation
Authority, providing copies of the Ganaraska Region Conservation Authority's
current newsletter, When Nature Calls. (A copy of the correspondence is attached
to the Summary of Correspondence.)
(Receive for Information)
1 - 7 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on June 14, 2000, passed the following resolution:
"a) THAT Council Correspondence #390 regarding the City of
Toronto Harmonized Environmental Tobacco Smoke By-law be
received for information;
b) THAT letters dated May 12, 2000 from the Ontario Campaign for
Action on Tobacco to the Minister of Health and Long -Term Care
and the Minister of Labour regarding the Tobacco Control Act and
the Smoking in the Workplace Act, be supported; and
C) THAT the Premier of Ontario, Minister of Health and Long -Term
Care, Minister of Labour, Durham Region's M.P.P.'s, area
municipalities, the Board of Health for the City of Toronto Health
Unit and the Ontario Campaign for Action on Tobacco, be so
advised."
(Receive for Information)
1-8 Scott Berry, Public Affairs, Pickering Nuclear, Ontario Power Generation,
providing copies of their monthly Report Card for Ontario Power Generation
Nuclear and Pickering and Darlington Nuclear. (A copy of the correspondence is
attached to the Summary of Correspondence.)
(Receive for Information)
Summary of Correspondence 3 - June 26, 2000
1 - 9 Association of Municipalities of Ontario, regarding a comprehensive action plan
for protecting drinking water. The Plan calls for action on three fronts:
distribution, dealing with sources, and defining and clarifying responsibilities.
AMO has called for an immediate tripartite partnership which will accelerate and
enhance federal and provincial infrastructure investment using the increased
surpluses they are experiencing. AMO is looking for a shift in funding priorities
to focus on core infrastructure needs as well as a change to the requirement for
private sector dollars since this may not be possible for many parts of Ontario. In
order to deal with quantity and quality issues, the Plan looks for a comprehensive,
sustainable water management strategy. The strategy must encompass, among
other matters, strong planning principles to protect sources and must involve
province -wide mapping and the monitoring of underground water resources and
the development of information systems that support effective decision making.
The authority for implementing nutrient management strategies and the
reaffirmation of the provincial interest in effective drainage management are
critical to ensuring safe water. Defining and clarifying responsibilities requires a
comprehensive water protection policy and legislation with enforceable water
protection regulations. Resources must be aligned with responsibility, including
timely and effective investigations and the investment in research and new
technology. We also need immediate financial resources when disaster strikes.
Windsor City Council unanimously passed a resolution supporting AMO's
Municipal Action Plan for Protecting Ontario's Water. They are requesting that
other municipalities take similar action. The Rural Executive lent its support at a
recent meeting.
(Receive for Information)
1- 10 Steve Jacobs, P. Eng., Senior Project Manager, Cole, Sherman & Associates Ltd.,
advising that the Ontario Ministry of Transportation (MTO) has retained Cole,
Sherman Consulting Engineers to undertake a Planning and Preliminary Design
Study to examine the long term requirements on Highway 35 from the junction of
Highway 115 northerly to Highway 7 in the County of Victoria. The purpose of
this study is to develop a plan for the Province's strategic goals for the movement
of people and goods through Victoria County. This study will investigate
alternative strategies for widening Highway 35 from two to four lanes.
Alternatives will include various medians to improve safety by separating the
northbound and southbound traffic. Some median alternatives will result in
turning restrictions at private entrances, or road closures at Highway 35.
Alternatives will also include interchanges and fly -overs. These alternatives may
affect the way local residents and businesses access their property. A Study
Design has been prepared which describes the study purpose and process and
outline how public participation will be included in this study. This report will be
sent to our office within the next few weeks for our review and comment.
(Receive for Information)
Summary of Correspondence - 4 - June 26. 2000
I - 11 Association of Municipalities of Ontario, advising Council that delegations with
individual ministers and parliamentary assistants will be held on Monday, August
14 and Tuesday, August 15 in the Nova Scotia, Newfoundland, New Brunswick
and Alberta rooms at the Westin Ottawa during the AMO 2000 Conference. If
our municipality wishes to meet with a Minister or Parliamentary Assistant,
MMAH has prepared a tempiate which must be forwarded by fax. The deadline
for submitting our request is Monday, July 24, 2000. The Ministry of Municipal
Affairs and Housing will coordinate the delegation requests for the Minister of
Municipal Affairs and Housing, and advise other Ministers and Parliamentary
Assistants of delegation requests. Municipalities will be contacted by the
respective Ministries about their request and, if applicable, the meeting time and
location, about one week before the Conference.
(Receive for Information)
1- 12 Association of Municipalities of Ontario, updating Council on the status of the
Province's funding commitment for the land ambulance transfer. On March 23,
1999, Finance Minister, the Honourable Ernie Eves, announced that "effective
January 1, 1999, the Province will assume half the `approved cost' of land
ambulances..." Since the announcement, AMO has been working with the
provincial government through the Land Ambulance Implementation Steering
Committee (LAISC) on a number of transition matters, including the definition of
`approved costs'. LAISC has had some success. On May 15, 2000 the Ministry
sent a memorandum to each Upper Tier Municipality/Designated Delivery Agent
(UTM/DDA) that stated the Ontario Government Pharmacy and the Judson Street
Store would remain open for five years. The Ministry of Health and Long Term
Care (MOHLTC) has also made it clear that it will continue to 100% fund
dispatch costs. In addition, the 1999 call data has been released, so municipalities
have more information for planning and budgeting. There are several other
decisions on funding that MOHLTC must make regarding ambulance services.
These issues include base costs, provincial funding to meet the Ministry's
mandated response time standard and transitional costs.
(Receive for Information)
I - 13 Thomas W. Flood, Co -Chair, Ontario Summer Games 2000, providing copies of
their Ontario Summer Games 2000, Games Organizing Committee Newsletter.
(A copy of the correspondence is attached to the Summary of Correspondence.)
(Receive for Information)
Summary of Correspondence -5 - June 26, 2000
I - 14 Donald G. McKay, Town Clerk, The Corporation of the Town of Whitby,
advising that the Town of Whitby on June 12, 2000, passed the following
resolution:
"Whereas the Council of the Corporation of the Town of Whitby has
endorsed the principles referred to in the resolution passed by the Council
of the Regional Municipality of Durham on January 26, 2000, as a result
of its Retreat; and
Whereas one of those principles encouraged locally initiated restructuring
or governance studies to be commenced by June 30, 2000;
THEREFORE BE IT RESOLVED AS FOLLOWS:
That the Council of the Town of Whitby has taken the following
initiatives in response to the Regional resolution:
(a) it has completed a Why Whitby? analysis, in support of its
position that the Town of Whitby has the capacity and the
growth potential to continue as a separate municipality
within a modified two tier system in Durham Region. This
analysis has produced four reports, distributed as Special
Editions of The Whitby Perspective, the last of which will
be sent to Whitby households before the end of June;
(b) it has commenced a strategic planning exercise which will
identify priorities for action for Whitby in the coming
years;
(c) it has commissioned a corporate organizational study which
will identify the best organizational model for going
forward;
(d) it is launching a governance study which will, among other
matters, examine the following:
(i) ways of forging closer links between Whitby and its
residents and ratepayers;
(ii) those services which should be allocated between
the Region of Durham and the lower tier
municipalities, in light of the commitment to move
toward a slimmed down regional system;
Summary of Correspondence - 6 - June 26. 2000
(iii) alternative service delivery options (including joint
and cooperative ventures with municipalities and
others) with respect to those services that are to
remain (or to become) the responsibility of Whitby;
(iv) new management systems which change the
incentives and influences that shape the allocation
of financial and personnel resources so that
productivity is reinforced and rewarded; and
(v) ways of strengthening the council -staff relationship;
and
2. That a copy of this resolution be sent to all municipalities
in Durham, and the Honourable Jim Flaherty, Attorney
General and Minister Responsible for Native Affairs and
MPP for Whitby/Ajax Riding."
(Receive for Information)
1- 15 Management Board Secretariat, advising that the Management Board Chair, Chris
Hodgson announced the government's plan for a three year pause in the
expansion of new charity casinos, new commercial casinos, and charity casinos at
race tracks in the province. The Province, however, will continue to honour
current commitments and accept the Ontario Lottery and Gaming Corporation
(OLGC)'s recommendation for a single charity casino in Eastern Ontario, pending
a positive referendum result from a host community. This announcement means:
• No table games at OLGC slot facilities at race tracks;
• The government is reaffirming its 1998 commitment that there will be no
video lottery terminals (VLTs) in neighbourhood bars and restaurants; and
• There will be no new commercial or charity casinos in a new host community
beyond existing commitments, including the one new site as identified by the
OLGC.
Many municipalities have expressed interest in hosting a charity casino, and the
government is taking these steps now to prevent municipalities from making
unnecessary investments.
(Receive for Information)
Summary of Correspondence - 7 - June 26, 2000
CORRESPONDENCE FOR DIRECTION
D - 1 Walter H. Gibson, on behalf of the Terry Fox Foundation, requesting permission
to hold the Terry Fox Run in the Municipality of Clarington. This year's run is
planned for September 17, 2000. The run will mark the 201h Anniversary of the
Terry Fox Run throughout Canada. It is planned that the event will be held at the
same location and will follow the same route as in previous years. The start/finish
will be at the Memorial Park Clubhouse at Liberty and Park Streets in
Bowmanville.
(Motion to approve provided the
organization applies for and obtains a Road
Occupancy Permit)
D-2 Brian Collins, President, Durham Region Home Builders' Association, advising
Council that pursuant to the Municipality of Clarington's announcement that we
intend to review and possibly increase the current Development Charges By-law
by $1700.00, members of Durham Region Home Builders' Association has grave
concerns with the impacts of the proposed increase. The Association understands
the need for municipal facilities, but is also the voice of the Residential
Construction in Durham Region, and as such they are concerned that such a large
increase in Development Charges will have a negative impact on residential
growth and overall assessment growth. These increases will eventually be passed
onto their customers, but before that happens developers and builders will have to
finance projects with funds out of their own or borrowed resources; and that could
possibly lead to the cancellation of current proposed developments. Increases in
pricing will push the price of a new home in Clarington to the point that they will
no longer be competitive with Oshawa and surrounding areas. These increases
could also make the difference between a family deciding to purchase or to rent.
Let us not forget that we are all working for our customer, whether they be a
purchaser or tax payer. The Association maintains that any increase would be
detrimental to future growth in Clarington, but understands that there are
pressures in Clarington to provide these facilities. Therefore they would purpose
the following:
1. Reduce the proposed increase by one third or approximately $570.00 per
single family dwelling and proportionate reductions for other unit types
2. Phase the reduced increase over three (3) years at increments of one third
3. Cap the increase at the amount as reduced by one third for the duration of
the By-law.
(Motion to refer correspondence to the
Treasurer)
Summary of Correspondence - 8 - June 26, 2000
D - 3 Bob Willsher, submitting his resignation from the Samuel Wilmot Nature Area
Management Advisory Committee, effective immediately. For the most part he
has enjoyed the Committee work and believes a start has been made on the efforts
to protect this wonderful piece of property for residents now and the future. He
volunteered for the Committee because he wanted to make a difference. He finds
himself to be very frustrated in attempting to accomplish that objective. He has
appreciated the support of Cynthia Strike and Ed Belsey and their efforts to get
things done. However, he believes that there is a need to do much more. He
believes Council needs to review the level of support for this Committee and
programs where volunteers are involved. These is a definite need for clearer
communications with respect to municipal rules, policies, procedures and
expectations of volunteers.
(Motion to thank Mr. Willsher for his
contribution and refer correspondence to the
Director of Planning and Development)
D-4 Libby Racansky to Fred Leech, Ministry of Transportation Ontario, regarding the
Oshawa-Courtice 401/407 Freeway Link and Our Natural Heritage. According to
Preliminary Environmental Assessment 1994, more woodlots will be removed,
there will be 310 m channelization of cold stream creek, impact on spawning
grounds, removal of riparian woodlot, etc. Altogether, there will be a major
impact on ecosystem integrity. The link will divide the watershed in half,
diverting the water flow. Wetlands 1, 2, 3 located within the urban boundary and
wetlands 4, 7, 13, 14 (link) will be removed. When 60% of wetland/woodlot was
already removed, how much more will be removed with these two activities? Do
we think that this wetland and in fact whole ecosystem can survive? (A copy of
the correspondence is attached to the Summary of Correspondence.)
(Motion to refer correspondence to the
Director of Planning and Development)
D-5 Beryl Clark, The Orono and District Community Association, requesting
assistance and cooperation from Council and the Public Works Department to
proceed with and follow-up on the original plans for the Sidney B. Rutherford
Woods Walk Park. There is a growing interest to further beautify the village of
Orono and they have a number of available volunteers to further this project.
(Motion to refer correspondence to the
Director of Public Works)
Summary of Correspondence - 9 - June 26, 2000
D-6 Marilyn Holm, Senior Development Associate and Bob Attwell, Development
Associate, The Arthritis Society, requesting that September be declared Arthritis
Month. Arthritis is Canada's #I chronic disease. As staff, they have seen how
devastating arthritis can be, not only to the individual, but also to their families,
workplace and the healthcare system. Please join them and help raise awareness
of Canada's #1 chronic disease, Arthritis. Fly the Arthritis Flag, encourage our
staff to participate in their Joint Effort Campaign and wear a blue ribbon, let the
community know that Municipal Government supports The Arthritis Society.
(Motion to Proclaim)
D-7 Lindsay Hedderson, Contract Administrator, Highway Construction Inspection
Ontario Inc., advising Council that the MTO has recently awarded a contract for
Highway 401 Resurfacing, Stevenson Road to Highway 35/115 to Dufferin
Construction Ltd. and retained the services of Highway Construction Inspection
Ontario (HCIO) to administer the contract on their behalf. Previously an
exemption from the existing Noise By-law was applied for and approved by the
Municipality of Clarington. It has just come to their attention that the time frame
granted for this was for the remainder of 1999 and into the late spring of 2000.
But it was delayed until now and completion is not expected until fall 2000 or late
spring 2001. Therefore, on behalf of the Ministry of Transportation, they are
requesting an extension to the noise by-law exemption be grant to the MTO in
order to carry out the work for which the original exemption was applied.
(Motion to grant an exemption to the
municipal noise by-law for the remainder of
2000 and into the late spring of 2001)
D - 8 Beat Niklaus, writing regarding the draft report of the Oak Ridges Trail
Association. He has seen trees taped on his land close to the unopened road
allowance and putting up signs means nothing. They can be put up and taken
down. He demands that his property line be properly fenced.
(Motion to refer correspondence to the
Director of Public Works)
D-9 Melanie Munro, requesting financial support to go back to school for an esthetics
course. Ms. Munro is 31 and the mother of four small children under the age of
eight. She would love to return to school in order to provide a better life for her
children. The course she is interested in is through the Art and Technique school
in Oshawa. It is the esthetics course that runs for 6 months, and begins in
September 2000. The approximate cost is $5000.00. Ms. Munro is currently
working part-time at Strathaven Nursing home. She has been employed there for
ten years and she is looking for a change due to injuries sustained on the job. She
appreciates us taking the time to consider her application for financial assistance.
(Motion for Direction)
Summary of Correspondence - 10- June 26, 2000
D - 10 Paul Temple, Senior Vice President, Corporate Development, Pelmorex
Communications Inc., requesting support for a new emergency alert system - via
your television set - for which they are currently seeking regulatory approval from
the CRTC. This new technology, developed by Pelmorex Communications Inc.,
could represent a major step forward in both emergency and environmental
preparedness in our area. This new Canadian technology, the All Channel Alert
(ACA) system, would allow authorized government agencies to quickly alert
cable television viewers to unexpected or imminent threats to life or property.
Initially, the system would transmit severe weather-related warnings from
Environment Canada, but eventually municipal authorities would be able to
access the system to alert citizens to other types of emergencies in the local
viewing area, such as industrial accidents or local flooding. There will be no fee
for use of this service by authorized government users. The technology can
intercept ALL channels distributed by cable companies in the local area affected
by the emergency and overlay a warning message on the television screen. It is a
quick and efficient way for information to be relayed to Canadians and it
complements other more traditional means of receiving such information.
Remarkably, Canada has no such national emergency alert system. While these
types of alerts have been available for years in the United States, there is no
similar service in Canada. They have applied to the CRTC to amend their
broadcasting license in order to provide the ACA service. That process is well
underway, and they anticipate that the CRTC will render its decision late this
summer. However, a public consultation process has started for which they
would appreciate the Municipality of Clarington's declared support. The deadline
to write to the CRTC is July 5, 2000.
(Motion for Direction)
D - 11 James Knight, Executive Director, Federation of Canadian Municipalities,
inviting the Municipality of Clarington to nominate outstanding employees for a
Technology in Government Week Distinction Award 2000, in recognition of their
excellence in the management of information and information technologies in the
public sector. Now in its 8th year, the Distinction Awards are an annual
celebration of those extraordinary people who conceive, develop and/or
implement IM and IT projects which produce positive and tangible results. A
stand-alone municipal category formally acknowledges the leadership and
innovation demonstrated by the country's municipal governments. Nominations
close on July 14`h, 2000.
(Motion for Direction)
Summary of Correspondence - 11 - June 26, 2000
D - 12 Sandra Kranc, Manager of Support Services, City of Oshawa, advising that the
City of Oshawa on June 12, 2000, passed the following recommendation of the
Governance Review Committee:
111. That City Council endorse the proposal submitted by the
consultant entitled a `Made -in -Durham Governance Solution' as
the approach to governance reform in Durham Region;
2. That all area municipalities, including Durham Region, be
requested to participate in this governance process to achieve a
made -in -Durham governance solution."
(A copy of the correspondence is attached to the Summary of Correspondence.)
(Motion for Direction)
D - 13 Betteanne M. Cadman, Clerk, Township of Delhi, advising that the Township of
Delhi on June 12, 2000, passed the following resolution:
"WHEREAS Tobacco is a legal product that supplies a great deal of
revenue to communities, as well as municipal, provincial and federal
government treasuries;
WHEREAS the provincial government of Mike Harris has taught the
municipal sector to be careful what it wishes for;
WHEREAS the majority of municipalities would like to control their own
matters of commerce and look after their citizens as they see fit;
WHEREAS some Urban Municipalities have fallen victim to certain
special interest groups, such as the anti smoking lobbyists and have agreed
to pass anti smoking by-laws in public places only to be confronted by
THEIR OWN business people who wish to be left alone in order to
conduct their own business;
WHEREAS the historic roll and long standing tradition of the Association
of Municipalities of Ontario (AMO) has been to allow for local flexibility
and to have its members govern themselves without heavy handed rules
and persuasions from the execution in order to impose one members view
upon another;
WHEREAS the edict on one size fits all has never been a workable
solution for AMO;
Summary of Correspondence - 12- June 26, 2000
THEREFORE BE IT RESOLVED THAT the Corporation of the
Township of Delhi encourage the membership of the Association of
Municipalities of Ontario (AMO) NOT TO ENDORSE the August 2000
AMO Conference resolution calling for a "province wide smoking
policy... and standard" but rather to continue to allow the membership of
AMO local flexibility, to determine their own polices or not.
(Motion for Direction)
D - 14 Tim Harare, requesting that the rental fees for the Bowmanville Recreation
Centre's diamonds be waived. The Clarington Boy's Slo-Pitch Association has
just found out that one of their boys has leukemia. His mom works in the Animal
Services Department. They have booked the Bowmanville Recreation Centre
diamonds for Saturday, August 19`h and are in the process of trying to get some
radio celebrity teams to come and play.
(Motion for Direction)
D - 15 William Salter, President, Ontario Senior Games Association, inviting Council to
apply as the host of the 2003 Ontario Senior Games - Provincial Championships,
known as Winterfest 2003. The Ontario Senior Games - Winterfest Games are
held every two years and are the highest profile winter multi -event competition
for seniors in Ontario. Please note that the OSGA Winterfest 2003 is traditionally
scheduled to be held in late February to mid March. Ontario Senior Games -
Winterfest offers substantial benefits to the host communities. Host communities
gain recognition across the province, as seniors come to participate, generating
interest in the local economy and increasing tourism. The Games leave a legacy
of human and financial resources; upgrading facilities; increased interest in both
existing and new events developed for the community; trained volunteers; skilled
officials; new sources of sponsorship; and community cooperation. The legacy is
felt long after the closing ceremonies and the civic pride created within the
residents, which provides a sense of belonging and accomplishment within the
community. It is anticipated that the 2003 host city will be announced in
February 2001. In order to make this announcement, it is necessary to follow the
strict timelines established for the bid application:
Deadline for receipt of a `Letter of Intent' which would state that our
community will be submitting a bid proposal for consideration as a
possible host for OSGA Winterfest 2003 is October 2, 2000
2. Deadline for receipt of bid proposal application is November 30, 2000.
(Motion for Direction)
Summary of Correspondence - 13 - June 26, 2000
D - 16 Linda Andrew, Clerk, Township of Ashfield, advising that the Township of
Ashfield on June 6, 2000, passed the following resolution:
"WHEREAS the Township of Ashfield has enacted one of the most
stringent Manure Management By-laws in the Province of Ontario;
AND WHEREAS this By-law requires the completion of a Nutrient
Management Plan for the construction of new livestock facilities, or the
addition to existing facilities, which results in a livestock operation of over
100 animal units, such plans receiving a third party review by OMAFRA;
AND WHEREAS in Ashfield Township, these intensive livestock
operations are spreading liquid manure with runoff which has been proven
to be entering the drainage systems, making its way to Lake Huron, in
spite of the Manure Management By-law, their Nutrient Management
Plans and the OMAFRA guidelines;
AND WHEREAS the Ministry of the Environment has suffered cutbacks
to the point that its inspectors have admitted that they cannot respond to
every call they get about manure runoff entering our water systems, within
the critical time frame;
AND WHEREAS the Government of Ontario has said that it will hold an
Inquiry into the issues surrounding the contamination of the water system
in Walkerton by E. Coli bacteria;
AND WHEREAS the Township of Ashfield feels that it is prudent and
imperative, in light of the recent tragedy in Walkerton, for the
Government of Ontario to conduct an investigation into the issues
surrounding the guarantee of quality of water, both urban and rural,
including the identification of potential hazards for contamination;
NOW THEREFORE BE IT RESOLVED THAT the Township of
Ashfield hereby demands that the Government of Ontario immediately put
in place a moratorium prohibiting the construction of any new liquid
manure facilities or the addition to any existing facilities, until it has been
proven that the environment and our drinking water will not be negatively
impacted by them;
AND FURTHER THAT this resolution be circulated to all municipalities
in the Province of Ontario urging them to contact Premier Mike Harris, the
Minister of the Environment, the Minister of Agriculture Food & Rural
Affairs and their local MPPs indicating their support for this resolution.
Summary of Correspondence - 14- June 26, 2000
Copies of this resolution to be forwarded to AMO, ROMA, OFCTGMB,
our MPP Barrett, our MP Speller and our neighboring low and upper tier
municipalities in Haldimond-Norfolk, Oxford, Brant, Elgin and the
Region of Durham, with a request for endorsation to the AMO 2000
conference in Ottawa."
(Motion for Direction)
Wednesday. June 07. 2000 5:04 PM To: Mayor D. Hamra. Coun. M. Novak From: Gord Geissberger 579-0994
Page: 2 of 3
COUNCIL INFORMATION I-1
1 OOJUN09 PNI2:55:02
News Release
A� Central 100 Whiting Avenue, Oshawa, ON, UH 3T3
lakeConservation
(905) 579-0411, fax (905) 579-0994
Conservation
Release Date: June 8, 2000
Electrofishing in Oshawa!
Oshawa Creek Watershed Aquatic Resource Management Plan
Central Lake Ontario Conservation Authority Aquatic Resource Technicians are zapping
local waterways to investigate the fish communities in the Oshawa Creek Watershed
including the Goodman Creek Tributary. Electrofishing is just one of the data collection
techniques completed at each of the sites and involves the use of a backpack unit that
emits an electric current into the water. The electrical shock stuns fish long enough for
them to be netted and placed in a special storage unit. The shock is not harmful to the
fish and the storage reduces the level of stress experienced by the fish. The fish revive in
a few seconds and are then grouped according to species, measured, counted and
released. This program involves two Field Crews that will be studying 55 sites to gather
data for the Oshawa Creek Watershed Aquatic Resource Management Plan (ARMP).
"The ARMP is being developed to ensure that measures are being taken to maintain a
healthy and sustainable fish community in the Oshawa Creek watershed," states Jill
McColl, Manager of Resources Policy and Planning at CLOCA. The Conservation
Authority is working in partnership with the Ontario Ministry of Natural Resources and
the Department of Fisheries and Oceans, Canada to complete the management plan by the
spring of 2001.
The Conservation Authority would like to encourage the public to partici
development of the ARMP. If you have any comments or suggestions al
surrounding aquatic resources in the Oshawa Creek watershed, or if you
placed on a mailing list, please contact Jeff Andersen or Jill McColl at (9
For more information on the ARMP please visit the Authority website at
www.cloca.com.
To arrange a media photo opportunity, please contact ,Jeff Andersen a
Anthnrity Office (905) 579.0411 eyt. 23.
Rnflnew/Arrlrn dnr �.._...,-...:..w•.a
What we do on the land is mirrored in the water!, -----1-----.-1
Wednesday, June 07, 2000 5:04 PM To: Mayor D. Hamra, Coun. M. Novak
Centra/
Lake Ontario
Conservation
Issue Date: June 8, 2000
From: Gord Geissberger 579-0994 Page: 3 of 3
News Release
100 Whiting Avenue, Oshawa, ON, L1H 3T3
(905) 579-0411, fax (905) 579-0994
CLOCA Receives Level Three Designation for Fish Habitat
Management from the Department of Fisheries and Oceans
The Central Lake Ontario Conservation Authority is pleased to announce the Authority
has achieved the top level, Level 3, of review status regarding Harmful Alteration,
Disruption or Destruction (HADD) of Fish Habitat for the Department of Fisheries and
Oceans (DFO). Level 3 responsibility means that within CLOCA's watershed all fish
habitat review including the development of compensation plans for DFO final approval
can be dealt with at the local level.
"We are very pleased with receiving this designation," states Russ Powell, CAO of
CLOCA. "Our staff are being recognized for their expertise in managing our watershed
resources and CLOCA now joins the Essex Region, Grand River and Toronto and Region
Conservation Authorities in operating at Level 3."
Background
On August 13, 1998 the Authority executed an agreement between DFO and CLOCA
undertaking Level 2 responsibilities regarding HADD. At this level, the Authority assists
a proponent in determining whether a project will potentially create a HADD of fish
habitat. If there is potential, the Conservation Authority will review the proposal and
determine if it is possible to mitigate the effects. If it is possible the Authority will issue
a letter of authorization to the proponent and the project will proceed. If mitigation were
not possible, the proponent would be referred to DFO. Now, with Level 3 designation if
mitigation is not possible the Conservation Authority will consult with the proponent and
assist them in developing a compensation plan. The compensation plan will then be
referred to DFO for final approval.
For more information please contact Mr. Petry Sisson at the Authority office (905) 579-
0411 or email the Authority at mail(a�cloca.com.
What we do on the land is mirrored in the water.
4.
a
THAT RB. Rickard check into purchase of a stationary P.A. system to be installed with 4
speakers, 4 mikes and jacks, keeping in mind quote of $4500.00 from Durham TV
"CARRIED"
S. DeJong will take care of new locks for auditorium doors.
Millenium Garden grant approved for $44,500.00. Ron Hope to set up committee needs a
secretary/treasurer - G. Worslev will speak with for more details. R.B. Rickard suggested S.
DeJong be Board representative. R.B. Rickard is already on committee S DeJong is not
interested in this assignment; it was agreed one member should be enough for representation.
G. Worsley asked permission to purchase liquor tree and dispensers for Hall.
Motion by C. Abraham, seconded by K. Moffatt
THAT G. Worsley purchase from Dayco Distributors - have them direct us as to purchasing
glass or plastic dispensers as they are more knowledgeable. "CARRIED"
CORRESPONDENCE
Letter from Alldread wedding party — dishes were very dirty they had to wash them all before
wedding. Discussion on how we could rectify this problem for the future - it was agreed
notice would be posted for caterers to leave cleaned dishes on counters to be inspected by
Hall representative and put away by same. G. Worsley to speak with Kings Court Catering
about being more careful with their clean up and not to take our warmers in future.
Motion by S. DeJong, seconded by C. Trim
THAT the Alldread's be sent a letter of apology and outline the above new guidelines to
prevent the situation from arising again. Also send a $100.00 check for their aggravation the
night before their daughters wedding. "CARRIED"
NEW BUSINESS
- W.H.I. M.I.S. book will be hung in caretaker's room this week.
- S. DeJong gave inspection report, secretary will see that F Horvath is given copy to follow up
on any problems noted.
- R.B. Rickard noted Youth Room is still being used by one of the Children's groups.
Secretary will speak with B. Couch to find out which group as neither is paying for it
presently.
Discussion on Small Miracles renewal contract for September 2000.
Motion by K. Moffatt, seconded by D. Schmiegelow
THAT contract be renewed for one year from September I, 2000 to August 31, 2001 for
$220.00 per month
1. Mutton noted ceilings in Council Chambers and Masons Room ne dAto beep anted. R.B.
Rickard will get a quote from Doug Nuggent.
Motion by C. Abraham, seconded by J. Mutton
THAT of the 3 quotes obtained for auditorium floor refinishing we hire the I
Vissers. "CARR]
BILLS
Motion by J. Mutton, seconded by C. Abraham
THAT the following bills be paid as presented - K. Moffatt 40.00, S. DeJong 40
Schmiegelow 80.00 and Village Services 45.00
GI FRE]., .Am i?G1?tif
expensive - " "•
A�l.
1+r.....
7 (n
COUNCIL INTFORMATION IOOJUM13 Ptl 3:31:35
I-2
MUNICIPALITY OF CLARINGTON
NEWCASTLE COMMUNITY HALL BOARD
Minutes of a meeting of the Newcastle Community Hall
Board held on May 15, 2000 at 7:00 PM in the Council
Chambers
Present Were: R.B. Rickard
S. DeJong
D. Schmiegelow
C. Trim
J. Mutton
K. Moffatt
C. Abraham (arrived 7.35PM)
G. Worsley (secretary)
I. MINUTES
Motion by C Trim, seconded by S. DeJong
THAT the minutes be accepted as presented.
"CARRIED"
2. PRESENTATION BY MARK QUINN
Mark Quinn attended meeting to inquire about renting the Youth Room 2 nights per week from
6:30 PM to 9:30 PM for Karate lessons. He would also like to rent storage closet in same room
for his mats. He has mirrors that he would like to install in the Youth Room as well. He has
insurance and will take full responsibility for any injuries entering orJeaving the building as well
as during his lessons. Board discussed and agreed this could be done. Men's washroom off
auditorium could be used as co-ed facility and caretaker would lock doors to auditorium from this
entrance.
Motion by D. Schmiegelow, seconded by C. Trim
THAT Mark Quinn rent the Youth Room 2 nights a week from Monday to Friday for 3 hours an
evening (6:30 PM to 9:30 PM) and have use of storage closet in Youth Room for $55.00 per week.
Men's auditorium washroom to be used as co-ed facility and auditorium to be locked to prevent
access by students.
"CARRIED"
3. BUSINESS ARISING
RB. Rickard commented Village Maintenance has not taken care of thistles, he will speak
with them. Contract has been signed.
G. Worsley has been unable to contact company J. Mason who originally installed curtains to
do repairs. Permission given to see if Sensational Seams can do or contact F. Horvath.
P.A- system borrowed from Town was a portable unit, Board agreed this would not be
suitable for our purposes. We would prefer a stationary unit.
Fiddlers have accepted offer of storage space in change room off stage. Rent will not change.
Lengthy discussion regarding purchase of P.A. system — agreed it should be installed in Bar
Room and is stationary.
Motion by S. DeJong, seconded by C. Abraham
FINANCIAL
"CARRIED"
Motion by J. Mutton, seconded by D. Schmiegelow
THAT financial report be accepted as presented.
"CARRIED"
ADJOURNED 8:55 PM
Canadian Nuclear Safety Commission COUNCIL INFORMATION
Q0 -C-01
I-3
FOR IMMEDIATE RELEASE
June 1, 2000
Canadian Nuclear Safety Commission: new powers to protect health, safety,
security and the environment
Ottawa — Canada's nuclear regulator has undergone a major make -over with the launch of the
Canadian Nuclear Safety Commission (CNSC). The new federal agency replaces the Atomic
Energy Control Board (AECB), which served Canada for more than half a century. The
Commission's creation follows the coming into force of the Nuclear Safety and Control Act on
May 31, 2000. The new act replaces the Atomic Energy Control Act adopted in 1946.
The revamped law and regulations represent the first major overhaul of Canada's nuclear
regulatory regime since the AECB was established in the post-war period. The new legislation
reflects the increased focus on health, safety, security and environmental protection in recent
years. The new regulations under the Nuclear Safety and Control Act are in keeping with current
legal, financial, and technical standards.
"The strengthened regulations and increased enforcement powers granted to the Commission will
enable us to better protect the public interest, and to uphold our international commitments," said
Dr. Agnes Bishop, President of the CNS C.
"They reflect current international standards in areas
such as radiation protection, transportation, and physical security."
The Nuclear Safety and Control Act was passed by Parliament in March 1997. The drafting of
the regulations associated with the legislation was completed earlier this year after the AECB had
consulted with stakeholders including industry, governments and public interest groups. As a
result of this consultation, the regulations were modified to respond to the needs ancjlcFq+
expressed.
"Like its predecessor, the Canadian Nuclear Safety Commission will continue tpQ BAY
independent agency operating in an open and transparent fashion," explained Dj. (W
"Public comment will be welcomed and encouraged at the Commission's nublijj. IxoNAnae;V
,.t.' Government Gouvemement
T of Canada du Canada
Ira
Every effort is being made to ensure a smooth transition to the new regime. The more than 4,000
nuclear licences administered by the Commission will be progressively revised. There is a
phase-in period for some provisions of the new act and regulations for a period of six months to
two years. These temporary exemptions will not pose a risk to health, safety, secunry or the
environment.
Contact: Sunni Locatelli
Media and Community Relations
Tel: (613) 996-6860
E-mail: locatellis@cnsc-ccsn.gc.ca
For more information, visit the CNSC Web site at www.nuclearsafety.gc.ca
BACKGROUNDER
New legislation, new Commission for a new age
The Atomic Energy Control Act, adopted in 1946, governed Canada's approach to regulating
nuclear energy and materials for the last half of the 2011, century. While regulatory practices have
evolved to keep pace with industry and to increase focus on health, safety, security and
environmental protection, the legislation itself had not changed. New legislation was required to
provide a more modem and effective regulatory framework.
The Nuclear Safety and Control Act was passed by Parliament in 1997 to better reflect the
current regulatory mandate and priorities. The legislation replaced the outdated Atomic Energy
Control Act and paved the way for the creation of the Canadian Nuclear Safety Commission
(CNSC). The strengthened regulations and new authorities given to the Commission represent
the first major overhaul of Canada's nuclear regulatory regime since the creation of the Atomic
Energy Control Board (AECB) more than 50 years ago.
Before the act could come into force, it was necessary to modernize the regulations that govern
nuclear energy and materials to incorporate common licence conditions and reflect current legal,
financial, and technical standards. Following an extensive consultative process and the drafting
of new regulations, the Nuclear Safety and Control Act came into force on May 31, 2000,
enabling the formal launch of the Canadian Nuclear Safety Commission.
Mandate for the 21" century
The Canadian Nuclear Safety Commission regulates the use of nuclear energy and materials to
protect health, safety, security and the environment and to respect Canada's international
commitments on the peaceful use of nuclear energy. Under the Nuclear Safety and Control Act,
the Commission's objectives are to:
prevent unreasonable risk to the environment or to the health and safety of the public;
• prevent unreasonable risk to national security;
achieve compliance with international treaties and obligations on the peaceful use of
nuclear energy; and
• provide objective scientific, technical and regulatory information to the public concerning
the Commission's activities and the effects on health, safety and the environment of the
nuclear industry.
-2 -
Like its predecessor, the AECB, the CNSC will regulate activities involving nuclear energy or
materials in Canada, from nuclear power plants and nuclear research facilities, to equipment for
diagnosis and cancer treatment, the operation of uranium mines, the use of radioactive sources
for oil exploration, to radioisotopes used in various industries. The Commission will also
continue to play an active role in helping Canada meet its international commitments with
respect to nuclear non-proliferation, safeguards and security.
The Commission has considerable new compliance and enforcement powers which will enable it
to regulate more effectively. As well, to reduce unnecessary overlap and duplication, the new
regime provides for harmonization of federal and provincial regulations.
Responsive to today's reality
Canada's modernized regulatory regime includes the following:
• lower radiation dose limits, based on the latest recommendations of the International
Commission on Radiological Protection;
• clearly defined powers for inspectors;
• clear appeal provisions;
• strengthened security requirements at reactor sites;
• enhanced requirements for transport of nuclear materials;
• the authority to order remedial actions;
• increased penalties for non-compliance;
• the power to demand financial guarantees for decommissioning and waste management;
enhanced protection for nuclear energy workers, industrial radiographers and carriers of
nuclear materials; and
• measures requiring hospitals to provide radiation protection information to patients who
undergo nuclear medicine therapy.
Regulatory documents have been developed to explain CNSC requirements for specific aspects
of nuclear operations. The Commission has also implemented a comprehensive training program
for its employees so that they are equipped to interpret and apply the new act and regulations
consistently and effectively.
Some changes have occurred but in many cases, the legislation merely involves codifying
practices that were requirements of the existing regulatory regime already reflected in licensing
conditions or AECB practice. Also, to ensure a smooth transition to the new regime and in
recognition of the nuclear industry's need for time to adapt to the new regulations, some of the
changes will be phased in. The more than 4,000 nuclear licences administered by the CNSC will
be progressively revised. Current AECB licences and approvals will continue to apply until they
expire or are amended and temporary exemptions from some requirements will be in effect for a
period of six months to two years. The exemptions do not pose a risk to the environment, public
health and safety, or national security.
I
r -3-
rConsidering Canadians' concerns
1 To ensure the new regulations fully reflect the interest of Canadians, the AECB consulted
widely with other governments as well as a broad range of industry, environmental, and public
interest groups over a three-year period before the regulations were approved.
-, During the consultation period, the regulations were published and posted on the AECB Web site
for public comment. The AECB also held meetings across the country to give interested parties
the opportunity to obtain information about the new regulations and to offer their comments. The AECB published its proposed changes to the regulations as they evolved, posting updates
regularly on the Web site. Those who had submitted comments, as well as those who expressed
an interest in nuclear matters, were notified to ensure that all interested parties were aware of
changes resulting from the consultations.
The CNSC recognizes that the regulation of Canada's nuclear activities is everybody's business.
In keeping with this philosophy, the Commission is committed to operating in an openand
transparent fashion, and to conducting public hearings that allow Canadians to become involved
in the regulatory process for nuclear facilities. The Commission is required to give notice to the
public at least 60 days before the start of a hearing. CNSC hearings will be open to the media and
f'
( public, and public comment will be welcome. Oral or written presentations to the Co
mission
can be made at its public hearings. m
The CNSC will take into account the views, concerns, and opinions of interested parties and
intervenors when establishing policy, making licensing decisions, and implementing programs.
To fulfill this responsibility, the Commission will seek input from workers and other interested
parties in addition to licensees and licence applicants. This input will provide the Commission
with valuable information and ideas that will help to ensure its decisions reflect the needs and
interests of all Canadians.
For more information, visit the CNSC Web site at www.nuclearsafety.gc.ca
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COUNCIL INFORMATION I-4
ANIMAL ADVISORY COMMITTEfio"N09 PM12:55:44
Minutes of a meeting of the Animal Advisory Committee
held on Wednesday, May 10, 2000 at 12:00 p.m. at the
Animal Shelter
ROLL CALL
Present Were: Laurie Davis, Durham Animal Adoption
Sheila Elkington, Sr. Animal Services Officer
Dr. Bill Mingram
Laurie Ovenden
Councillor Jane Rowe
Donna MacKay
Absent: Scott Creed, Orono Cat World
Wolf Klose, Orono Cat World
Marie Knight Stanley, Deputy Clerk
Nick Van Seggelen
2.
Councillor Rowe chaired the meeting.
ADOPTION OF MINUTES
Moved by Laurie Ovenden, seconded by Laurie Davis
That the minutes of the regular meeting of the Animal Advisory Committee held on
April 12, 2000 be approved.
"CARRIED"
Dr. Mingram was introduced to all in attendance and was given an overview of the
purpose of the committee and brought up to speed as to what projects the committee are
working on.
PETS ADOPTATHON — PETSMART FEEDBACK
Adoptions were limited to just 3 this year. Total amount of $350 in charity. Cash
donations were also accepted at the Animal Shelter. The layout at Pet Smart was not
the best and the competition between groups was very noticeable. Will suggest
something different for next year.
Marie to send a letter to Pet Smart to thank them for letting us participate in their
adoptathon.
Animal Advisory Committee Minutes - 2 - May 10, 2000
Moved by Laurie Ovenden, seconded by Sheila Elkington
THAT a memo be prepared and sent to the Library for their involvement in Pet
Awareness Week.
"CARRIED"
4. VERBAL UPDATE
Marie wrote a letter of thanks to Pet Net re: Microchip scanner
- Letter was sent to Dr. Mingram and included copies of minutes and dog bite
prevention program
- Composed Press Release to have advertised on local radio station during Pet
Awareness Week
Ministry of Transportation of Ontario have advised that they will waive their fee for
the permit for the Mural. Permit not yet issued but expecting a verbal this week
- The Animal Guardian Society (T.A.G.S.) have offered to come to the Shelter on
Saturday and give demonstrations of animal training on our shelter dogs for
members of the public
- Photos of some of our animals are now on the Web Site
5. UNFINISHED BUSINESS
- Education in Schools, proceed in January 2001
- Region of Durham has adopted mandatory rabies vaccine yearly. Clinics will be
set-up probably for September. Provincial Legislation, Sheila is going to a meeting
to see what we are responsible for.
- If anyone has any items to be added to the scrapbook, please give to Laurie
Ovenden.
6. OTHER BUSINESS
- New dog compound erected in front of building
Animal Advisory Committee Minutes
7 • NEXT MEETING
-3-
May 10, 2000
Next meeting will be held Wednesday, June 7, 2000 at 2:00 p.m. at Animal Shelter.
8 • ADJOUNRMENT
Moved by Sheila Elkington, seconded by Laurie Ovenden
THAT the meeting adjourned at 1:20 p.m.
"CARRIED"
nna MacKay, Sec eta
ry
ACK. >Y
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Coco.. Ate...
COUNCIL INFORMATION
ONTAR10rumB
GENERATION
1675 Montgomery Park
June 2, 2000
Box 160 Pickering, ON L1V
LEjJI-5
JUN - 6 2000
4ftitdtta3'.ALITY OF CLAF NGTCP;
iWO S OFFICE
100J1JNO�
Subject: Pickering 'A' Return to Service Environmental Assessmen P1`112:55:40
The purpose of this letter is to inform you that the draft Environmental Assessment (EA) Report, on OPG's proposal to
return the existing Pickering Nuclear Generating Station 'A' to service, has been completed and was submitted to the
Atomic Energy Control Board (AECB) on April 14, 2000. Attached is the latest issue of our newsletter (No. 5) on the
EA process.
Draft EA Documents re: OPG's Pickering 'A' Return to Service Proiect
The draft EA Report has been submitted and copies have been distributed to key stakeholders and to local libraries for
the information of members of the community. The Executive Summary of the draft EA Report has been distributed to
all persons on the official distribution list for the project, as directed by the AECB. Additional EA documents are
available on request. Copies of the following documents are available:
• Vol. 1 Main Report
• Vol. 2 Appendices
• Annex Report on the 160 issues from the Pickering Environmental Review in 1998
• CD containing electronic copies of the draft EA Report (Vol. 1 and Vol. 2) and the Annex Report
• 9 Technical Support Documents providing detailed information on different aspects of the EA leg. radiation /
radioactivity, atmospheric environment, ... socio-economic conditions, public consultation, etc.)
Locations of EA Documents
The EA documents may be reviewed at the Pickering Nuclear information Centre and at the following libraries in Ajax
Pickering and eastern Scarborough:
Ajax Pickering Eastern Scarborough
McLean Public Library Central Library Port Union Library
Village Branch Public Library Claremont Branch Morningside Public Library
Main Branch Public Library Greenwood Branch Highland Creek Library
Rouge Hili Branch
Whitevale Branch
Your comments on the draft EA Report, or any other aspect of the EA process, would be welcome. They should be
forwarded to the AECB at the address given below. If you choose to direct your comments to us at OPQ;•for--- -
convenience, we will forward the comments to the AECB:L:Srs ON
I
Bernard R. Richard
Atomic Energy Control Board--
P.O. Box 1046, Station B QR3rfftAr
280 Slater Street, Ottawa, On, K1 P 5S9 PtES-TG.
(613) 996-9997 / (800) 349-4859 ..
richard.b@atomcon.gc.ca I(J((a-LAZ
Thank you for your interest,
K. Johansen
Project Manager - Environmental Assessment
Pickering A Return to Service
Pickering Nuclear
(905) 839-1151, ext. 3695
Dicke
RETURN TO
0
SERVICE
A
JUNE 2000
ISSUE EIvE
ENVIRONMENTAL is SSESSMENT
This is the fifth newsletter on the Environmental Assessment (EA) of the Pickering A Return to Service Project.
For a copy of the previous newsletters, call (9o5) 839-1151 extension 3156.
THE DRAFT ENVIRONMENTAL ASSESSMENT(EA) REPORT IS COMPLETED
• The draft EA Report has been completed by the Ontario Power
Generation (OPG) EA team.
• OPG submitted the draft EA Report to the Atomic Energy Control
Board (AECB) on April 14, 2000.
• AECB undertook a preliminary review to determine if the draft EA
Report meets the requirements of their scope of assessment; AECB
confirmed that it does.
• A 60 day public comment period is underway, scheduled to end on
June 30th.
• At the same time the AECB is conducting its technical review of the
EA documents, in consultation with other federal and provincial
government agencies.
W HAF EA DOCUMENTATION IS AVAILABLE?
• AECB Announcement
• Executive Summary of OPG's draft EA Report.
• The draft EA Report consists of 2 volumes:
• Main EA Report —Volume I
• EA Appendices —Volume 2
There is also an Annex Report on the 160 issues identified in the
1998 Environmental Review of Pickering Nuclear
There are also 9 Technical Support Documents
.....unsn2p of to Documentation
See page 4 for whereyou can review the
See
or obtain copies
WHAT'S INTHIS ISSUE?
Summarc of the Environmental Effects
Identified
How were the environmental effects
assessed?
How was the significance of residual
effects evaluated?
Other effects were also assessed...
• What about the 160 Issues?
• How do we know that the effects will
be as predicted in the EA?
EA Conclusion
What happens next?
• Upcoming Open Houses
• EA Documentation Locations
k I
ONTARIOruwcR
GENERATION
HOW WERE THE ENVIRONMENTAL
EFFECTS ASSESSED?
Environmental effects were initially determined by examining the
interactions between the project and various components of the
environment (e.g. atmospheric environment). The likely
environmental effects were then described (including malfunctions
and accidents). Mitigation measures to eliminate, reduce or control
adverse effects were applied. The environmental effects remaining
after the application of mitigation measures were called "residual
effects", as is standard practice in the Canadian Environmental
Assessment Act (CEAA) process.
HOW WAS THE SIGNIFICANCE OF
RESIDUAL EFFECTS EVALUATED?
To evaluate the significance of residual effects, "significance criteria"
were developed, using regulatory standards and guidelines. The
criteria were applied to each effect. Following the application of the
criteria to each residual effect, each effect was assigned a
"significance level":
• Positive effect — an improvement to existing (baseline)
conditions.
• Minor adverse effect — is measurable, but minor and/or has
been effectively mitigated.
• Significant adverse effect -- is significant to the extent that
further or more effective mitigation would not be considered
feasible (no residual effects ended up in this significance
category).
The evaluation results indicated a number of residual environmental
effects that were identified as "positive effects"; others as "minor
adverse effects". None of the residual effects were found to be
significant, taking into account the proposed mitigation measures
plus the many safety and environmental improvements to Pickering
Nuclear Generating Station -A (PNGS-A) proposed before the EA
began. The table below summarize the effects according to
significance levels.
POSITIVE EFFECTS
Aquatic Environment
• Increase in spawning, feeding, rearing and overwintering habitat (smallmouth bass, emerald shiner).
Increase in feeding and overwintering habitat (northern pike and walleye).
(positive)
• Increase in feeding habitat (lake trout).
(positive)
• Increase in overwintering habitat (white sucker).
(positive)
Socio -Economic Conditions
(Positive)
• Increased proportion of the population associated with PNGS-A related employment.
• New
(positive)
employment opportunities and maintenance of existing jobs.
•
(positive)
New business activity.
(positive)
MINOR ADVERSE EFFECTS
Atmospheric Environment
• Increase in hydrazine concentration in atmosphere during boiler start-up and operations.
(not significant)
Hydrology and Water Quality
Changes in near shore circulation patterns as a result of condenser cooling water operations.
Effects on Lake Ontario water as a result
(not significant)
quality accidental chemical spills on paved areas
with runoff into Lake Ontario.
Increased Lake Ontario surface area affected by thermal plume as a result of heated water discharge.
(not significant)
(not significant)
Aquatic Environment
• Increase in impingement and entrainment of several Valued Ecosystem Components (VEC) fish species.
Decrease
(not significant)
in the spawning and rearing success in Shoreline East area (round whitefish).
(not significant)
Geology, Hydrogeology, Seismicity
• Tritium contaminated groundwater from potential leaks.
Land Resources '
(not significant)
Increased traffic congestion at some intersections.
Socio -Economic Conditions
(not significant)
• Reduced feelings of personal security and levels of satisfaction with community.
(not significant)
SIGNIFICANT ADVERSE EFFECTS
None
OTHER EFFECTS WERE ALSO ASSESSED...
Effects of Postulated Nuclear Accidents
• The accident scenarios tested the adequate of the safctc of the
design of PNGS-A.
• According to AECB requirements, the EA focused on those
accidents likely to cause significant risk to the put .ic.
• Evaluations demonstrated that for a wide range of accidents, t
resulting radiation doses were within applicable AECB limits.
Cumulative Effects
In general, cumulative effects are changes in the environment
that are likelv to be caused by a proposed project in
combination with other past, present or foreseeable future
projects or activities.
No significant cumulative effects on Valued Ecosystem
Components (VECs) were identified with respect to radiation
and radioactivity, atmospheric, aquatic, geology/hvdrogeology,
seismicity, land resources or socio-economic components of the
environment.
Possible residual cumulative effects relating to water
temperature, near -shore flow circulation, and tritium in on-site
groundwater were determined to be minor, localized and not
significant.
Effects of Natural Hazards
Natural hazards studied include flooding, severe weather, lake
ice, and seismic events.
• No significant effects on the environment, attributable t,) these
natural hazards, were identified. PNGS-A is designed to
he continue to operate even if any of the environmental conditions
discussed were to occur.
WHAT ABOUTTHE 160+ ISSUES?
At the beginning of the EA process, OPG made a public
commitment to disposition all 160+ issues identified as part of the
1998 Environmental Review of Pickering Nuclear. The Annex
Report that accompanies the EA Report:
• explains the origin and approach to addressing the 160+ issues;
• explains the screening of the issues to determine if thev were
within the scope of the project or assessment as specified by the
AECB;
• provides a "road map" to where each issue is addressed in the
EA documents;and
• provides responses to the few (only 7 of 160+) issues
considered to be beyond the scope of the project or assessment
as specified by the AECB.
Of the 160+ issues, 84 were determined to be within the scope of
the project and 69 were found to be within the scope of the
assessment. In total, therefore, IS 3 issues were addressed in the
Main EA Report or the Technical Support Documents. Only 7
issues were considered to be outside the scope of the project or
assessment and therefore addressed only in the Annex Report.
EA CONCLUSION
Effects on Human Health
• Human health considerations included the potential effects of
radiation and radioactivity, conventional atmospheric releases,
liquid effluent releases to Lake Ontario, tragic hazards and
general well being.
• No significant residual effects on the health and well-being of
PNGS workers or the public were identified.
Sustainability of Renewable and Non -Renewable Resources
• There will be no significant effect on the sustainability of
renewable resources in the terrestrial, hydrology, water quality
and aquatic components of the environment.
• Similarly, it is unlikely that there will be anv effect on the
sustainability of non-renewable resources involved.
HOW DO WE KNOW THATTHE EFFECTS
WILL BE AS PREDICTED INTHE EA?
The EA report proposes a plan for a follow-up and monitoring
program to be developed, following consultation with the AECB and
other stakeholders to determine if the environmental effects of the
project are as predicted in the assessment.The plan for follow-up
and monitoring provides preliminary information on:
• effects to be monitored (e.g. air quality; lake water quality;
tritium emissions; seismicitv);
• suggested locations for monitoring (e.g. site; local; regional;
community);
• suggested duration and frequency of monitoring (e.g. one-time;
periodically over a specified time frame); and
• the objective/staging of the monitoring program (e.g. to
supplement baseline data before restart of PNGS-A; for
monitoring of effects and mitigation effectiveness after restart of
PNGS-A, etc.)
There will also be follow-up on community issues and questions in
the transition from EA specific consultation to the ongoing Pickering
Nuclear Public Affairs Program after the end of the EA process.
OPG has concluded, after taking into account the assessment and all related information contained in the
draft EA Report, including the proposed mitigation measures and recommended follow-up program, that the
PNGS-A Return to Service Project is not likely to cause significant adverse effects on the environment.
The official conclusion, by the AECB, will not be available until after completion of detailed reviews of the
draft EA Report by the AECB, other federal and provincial agencies and the public.
WHAT HAPPENS NEXT?
The table below presents an outline of activities for the
remainder of the EA process.
Month/2000 Activity/Event
Already Scheduled
April • OPG Submission of draft EA Report to the AECB
• Completion of AECB review for compliance with
scope requirements.--
i
equirements.•- -
may • Start of public comment period re: draft EA
Report
EA briefing to Community Advisory Council
• EA briefing to Durham Nuclear Health
Committee
EA briefing to federal and provincial
government agencies
• Newsletter #5
• Notification Letter #S
• Website update
• AECB 1-800 information line
• Open House Pickering, May 30, 2000
• Open House Ajax, May 31, 2000
June • Continuation of public comment period
EA briefing to Pickering Liaison Committee
AECB staff begin preparation of final EA Report
and summary of public comments.
- • AECB completion of final EA Report.
• Following AECB staff submission of final EA
Report to the AECB Board, according to new
rules of procedure expected to be in effect by
then, the public will have an opportunity to
review the final EA Report (minimum 60 days)
before the AECB Board decides on the EA.
• Newsletter #6
• Notification Letter #6
• Website updates
• AECB 1-800 information line
• Possible Open Houses in Pickering and Ajax
• First AECB Board Hearing on the EA
• Continuation of public review opportunity
re: final EA Report
• Second AECB Board Hearing on the EA
EA DOCUMENTATION LOCATIONS
The EA documents may be reviewed at the, following
libraries in Pickering, Ajax and eastern Scarborough:
Ajax Libraries
McLean Branch
Village Branch
Main Branch
Pickering Libraries
Central Library
Claremont Branch
Greenwood Branch
Rouge Hill Branch
Whitevale Branch
Pickering Nuclear
Information Centre
Scarborough Libraries
Port Union
Morningside Public
Highland Creek
For EA comments, questions, and document requests please
contact:
Mr. Bernard Richard, Program Specialist
Radiation and Environmental Protection Division
Atomic Energy Control Board
280 Slater Street
P.O. Box 1046
Ottawa, Ontario KIP SS9
Telephone: (613) 996-9997
Fax: (613) 99S -S086
Email: richard.b(uatomcon.gc.ca.
Toll free. 1-800-349-4859
For questions or comments regarding OPG activities please
contact:
Donna Brockie at the
Pickering Nuclear Information Centre
Telephone: (905) 839-1IS]ext. 3156
Email donna.brockie@ontariopowergeneration.com
You may also contact relevant websites:
AECB svww.aecb-ccea.geca
CEAA seww.ceaa.gc.ca
OPG www.ontariopowergeneration.com/pickering
Proud supporter of
COUI IL INFORMATION
GA.N A R ASK,A RL( -.1o\
C ONSERVATIO.\
A C T 11 O R I T 1
June 8, 2000
Dear Mayor and Members of Council:
' 00JUNI5 N1 2:25:26
I am enclosing for your information copies of the Ganaraska Region Conservation
Authority's current newsletter, When Nature Calls. Please distribute them among
yourselves and staff as you see fit. I would appreciate it if you could also make the extra
copies available for the public to read, if you have a waiting area in your office. Should
you need additional copies, please don't hesitate to contact me. I hope you find this latest
edition interesting reading.
Sincerely,
Judy Herod
Communications Coordinator
NOTE: Newsletter available in the Clerk's Dept.
I-6
P.O. Box 328, Port Hope, Ontario L1A 3W4 Telephone: 905 885-8173 Fax: 905 885-9824 Forest Centre: 905 797-2721
E-mail: grca@eagle.ca 14;
�E"
'wr� COUNCIL INFORMATION
ONTAR10ru
GENERATION
Box 160, Pickering, Ontario L1 V 2R5
DISTRIBUTION TO:
Region of Durham Chair Roger Anderson
CAO Gary Cubitt
All Members of Regional Council
All Regional Commissioners
Mr. John Wiersma - General Manager, Pickering Hydro
Ms. Noreen Finnigan - Information Ajax
Ms. Leslie Whyte - Ajax Pickering Board of Trade
I-8
JUN 1 2 2000
r1UNICIPAI.ITY OF CLAAINGTr
MAYOA'S OFFICE
y June 7, 2000
Please find enclosed copies of our monthly Report Card for Ontario Power
I Generation Nuclear and Pickering and Darlington Nuclear.
As you know, these reports are issued each month and indicate our performance
in the areas of Production, the Environment, Public Safety and Employee Safety.
These reports are a measurement of the effectiveness of our operations as
evaluated against nuclear industry standards around the world.
I hope you will find the information informative. If you have any questions, please
contact either Donna Pawlowski, Public Affairs Manager, Darlington at 905-623-
6670 ext. 7248 or Pat O'Brien, Public Affairs Manager, Pickering at 905-839-
1151 ext. 5966
DIS u4n0NY .
Scott Berry ACM F.1• -- -�
Public Affairs CRtGi'.Y7 YO
Pickering Nuclear
Attachment2_......».....�`.. i..... W�
Ontario Power Generation
Nuclear Report Card
Pickering Nuclear
Apri! • 2000
Report Cards are also available
individually for Bruce Nuclear,
Darlington Nuclear and OPG Nuclear Operations.
ONTARIO
Mr Public Safety
One gauge of how safe our stations are is the number BOER 20
of events that cause some reduction ;n the margin of
public safety. Such events, in themselves, don't neces-
is
sarily pose a danger to the public, but they do put
pressure on the station's safety systems and therefore
c 10
temporarily reduce the margin of safety.
This report card lists the number of Level 1 and 2
v
:5 s
Reportable Events. A Level 1 Event is defined as
$
highly significant A Level 2 Event is significant
a 0
Reportable Events Summary: _
There were no level 1 and level 2 events in ApriL
Reportable Events'
==Actual — •Target
YE 99 YE 99 YTD 00
'Data is cumulative
Events to date remain worse than target
Another significant measure of safety system performance is the "Reactor Trip Rate"- the number
of unplanned reactor shutdowns (per 7,000 hours of operation) triggered by automatic safety
systems. Reactor trips indicate potential problems that need to be addressed - but they also
demonstrate that safety systems are working as they should to catch these potential problems.
Radiation Exposure
to the Public
I Data is cumulative
This figure is an estimate of the radiauun dose people would receive if they lived Just outside
the station boundary at their residences 24 hours a day, drank local water and milk, and ate local
fish and produce.The dose is measured in nucrosieverts (PSV), an international unit of dose. Ey
way of comparison, the average Canadian receives about 2,000 microsieverts a year from natural
sources such as cosmic Lays and raoon in the soil. New technology has been introduced at the
Pickering site boundary to more accurately calculate and significantly reduce both the actual and
target public time values at Pickering Nuclear.
ONTARIO POWER GENERATION • NUCLEAR REPORT CARD = PICKERING NUCLEAR • APRIL 2000
Environmental
Performance
The measure used here to gauge environmental per-
formance is the number of spills of chemicals or
other substances that have taken place at the stations.
These figures indicate "major and moderate pre-
ventable spills" as defined by the Ontario
Ministry of the Environment
2
9mf9
Preventable Spills' z
=- Actual -r • Target
c
L
B
YE 98 YE 99 YT000
' Data is not available for 19%
Data is cumulative
Preventable Spills Summary:
There were no major or moderate spills in April.This meets target - .V
I�Employee
..Safety
f f�xE
One of the most widely accepted measures of
employee safety is the Industrial Safety Accident
Rate - the number of employee accidents per
200,000 hours worked that result in lost time,
injuries that restrict work. or fatalities.
Industrial Safety Accident Rate
t=- Aclual -� -Target
as
etmv
BA
0.3
m 02
YE 90 YE 99 YTO 00 Indutry
Bertlmrk
Another useful measure of employee safety is the Accident Severity Rate - the number of days
lost to injuries per 200,000 hours worked.
ONTARIO POSHER GENERATION • NUCLEAR REPORT CARO- PICKERING NUCLEAR.- a.PRIL 2000=
Electricity
Production
One measure of how wed the stations are doing at producing elec-
tricity is the "Capability Factoi'This Ogura• represents the amount of
electricity the stations are actually capable of producing per month
as a percentage of their potential capacity — in other words, thew
capacity if all reactors and related systems were operating with no
down-time at ad.
'„- apablll�.y Fac of was one than titget in Apnl due to the Unit 8
s o Sage and the derating of Unit 6 earlier thusyear as well as the con
tlnumg work on the Coked outage of Unit 5 on account of_a tube
irswr
42 Nuclear Performance Index
This index, reported on a quarterly basis, is measured out of 100
and provides an overview of performance based on eleven key
statistics that cover a number Of areas, including safety and pro-
duction.The index was developed by the World Association of
Nuclear Operators - WANO.
' ear �mlatmlCe f I $U�Mran
a 1. 2000 Perfot ;v:dRi;f�'• �..=kr`>'
Q Index was 77 .8, which is better than the
et of 77.6 The Nuclear Performance index rs:a quarterly measure
and will be updated in the June report card.
Capability Factor
= Actual s •Target
fro
emrq
m
71.7
o �
60 611
LL
M
D
m 20
A
U
0
YE 98
99 YT00D ImAtry
anrinelk
Nuclear Performance Index
amut
v
O. Actual -f. Terga
YE 9e YE 99 G700 IMuarry
Baldlmerk
Glossary
Index: A collection of statistics that taken together, provide a useful standard or measurement
AECB: The Energy Control Board the federal agency that regulates, licenses and oversees
nuclecararpower In Canada
WANG: World Association of Nuclear Operators - an International organization created to ensure a high
standard of excellence among nuclear operators around the world,
YE: Yearend
YTD: Year to Date
Malcom
MANPOWER
GENERATION
ONTARIO POWER GENERATION • NUCLEAR REPORT CARO • PICKERING NUCLEAR • APRIL 2000
Ontario Power Generation
Nuclear Report Card
Darlington Nuclear
April • 2000
Report Cards are also available
OVER
ONTARIOP
individually for Bruce Nuclear,
Pickering Nuclear and OPG Nuclear Operations. GENERATION
Public Safety
Reportable Events'
` = =Actual -t-=Target
One gauge of how safe our stations are is the number JMR 10 j 2s
of events th .- use some reduction in the margin of it 25
public safer. n events—i themselves, don't neces-
sarty pose a -,ger to the public, but they do put 20 1
pressure on rr� station's safety systems and therefore '^ 15 _'s 16
temporarily rt . ice the margin of safety, 'S
This report carp lists the number of Level 1 and 2
a tD
Reportable Events. A Level 1 Event is defined as 5 i
highly significant. A Level 2 Event is significant s f
0
YE 98 YE" YTOOD
'Data is cumulative
Reportable Events Summary:
The number of level 1 and 2 events was worse than target, as there were four level 2 events in
April.Three of these events resulted from steam door impairments. : >
Another significant measure of safety system performance is the "Reactor Trip Rate" - the number
of unplanned reactor shutdowns (per 7,000 hours of operation) triggered by automatic safety
systems. Reactor trips indicate potential problems that need to be addressed - but they also
demonstrate that safety systems are working as they should to catch these potential problems.
Reactor' orTn RteStmmarjr 'r'� " -
In iA, pril, the reactor trip rate meastired 0 00 which is better than both target+an
WANO"d the
standard bf one trip per 7,000 hours of operation per year. -+
Radiation Exposure
to the Public
t Data is cumulative
This figure is an estimate of the radiation dose people would receive if they lived Just outside
the station boundary at their residences 24 hours a day, drank local water and milk, and ate local
fish and produce.The dose is measured in nucrosievens (p$v), an international unit of dose. By
way of comparison, the average Canadian receives about 2,000 microsievens a year from natural
sources such as cosmic rays and radon in the soil.
^ ONTARIO POWER GENERATION = NUCLEAR REPORT CARD • DARLINGTON NUCLEAR , APRIL 2000
Environmental
Performance
The measure used here to gauge environmental per- OEM
formance is the number of spills of chemicals or
other substances that have taken place at the stations.
These figures indicate "major and moderate pre- ='
veritable spills" as defined by the Ontario vai
Ministry of the Environment n
Preventable SpillS' z
O = Actual, . Target
I Data is not available for 1998
'Data is cumulative
Preventable Spills Summary:
In April, there were no major or moderate spills.This meets target.
Employee
Safety
One of the most widely accepted measures of
employee safety is the Industrial Safety Accident
Rate - the number of employee accidents per
200,000 hours worked that result in lost time,
injuries that restrict work, or fatalities.
Industrial Safety Accident Rate
O. AcNal -. • Target
1.0
artne
0.6
0.6
so
0.4 s
01 tl
0.0
TE 99 YE 99 YTDOO InOurry
BW4 m wk
Another useful measure of employee safety is the Accident Severity Rate - the number of days
lost to injuries per 200,000 hours worked.
ONTARIO POWER GENERATION • NUCLEAR REPORT CARO - DARLINGTON NUCLEAR a APRIL 2000 -
Electricity
Production
One measure Of how well the stations are doing at r icing elec-
tricity is the "Capability Factor.7his figure represents ; .e amount of
electricity the stations are actually capable of producing per month
as a percentage of their potential capacity — in other words, their
opacity if all reactors and related systems were operating with no
downtime at a0.
`�Capabil"tty Factor Slatlmary:
Tlie Capabflity Factor was better than targetin April.
43 Nuclear Performance Index
This index, reported on a quarterly basis, is measured out of 100
and provides an overview of performance based on eleven key
statistics that cover a number of areas, including safety and pro-
duction. The index was developed by the World Association of
Nuclear Operators - WANO.
Nticlear Performance Index Summery
14 .�M ♦Vi`�9 4 . i ( 1ai4�t
'hheyQl' 2000 Performance Index was 82.5 which Is bett
is beeMia
r n
'et of 80 7 and rep centsa 2 6 point increase over Q4 1999 The
`Nurlear Performance•Index is'a : quarterlyas
meure and will be updat.
. ^eriin the June reporri t card. rd.
etrttr
K
rw
Capability Factor
ice. Acwal y . Target
YE 98 YE 99 YTDOD bidWry
BnrJnurk
Nuclear Performance Index
O. Aaua1 � - Tat"
P 111t
M
E
E
a
YE99 YE 99 0700 NOarOY
eencnmr.
Glossary
Index: A collection of statistics that taken together, provide a useful standar/ or measurement
AECB: The Atomic Energy Control Board - the federal agency that regulates, licenses and oversees
nuclear power in Canada.
WANO: Mild Association of Nuclear Operators - an International organSation created to ensure a high
standard of excellence among nuclear operators around the world,
YE: Yearend
YTD: Year to Date
ORARIOPOMan
WER
GENERATION
ONTARIO POWER GENERATION - NUCLEAR REPORT CARD • DARLINGTON NUCLEAR • APRIL'
Ontario Power Generation
Nuclear Report Card
All Sites
April • 2000
Report Cards are also availableONTARIO"ruWtl�
individually for Bruce Nuclear, GENERATION
Darlington Nuclear and Pickering Nuclear.
Public Safety
w
One gauge of how safe our stations are is the number
of events that cause some reduction in the margin of
public safety. Such events, in themselves. don't neces-
sarily pose a danger to the public, but they do put
pressure on the station's safety systems and therefore
temporarily reduce the marg/n of safety.
This report card lists the number of Level l and 2
Reportable Events.A Level 1 Event is defined as
highly significant.A Level 2 Event is significant.
Reportable Events
O=Acwal v- Target
bar 59
BETTER
y.
L
C
m26
yc
YE 98 YE 99 YT000
' Data is cumulative
Reportable Events Summary:-_ - - -
Foul Level 2 eventsoccuried in April, which is worse than target All four of these events
occurred at Darlington and three involved open steam doors. Darlington has developed a plan
to dnal with steam do -or issues. -.
Another significant measure of safety system performance is the "Reactor Trip Rate"- the number
of unplanned reactor shutdowns (per 7,000 hours of operation) triggered by automatic safety
systems. Reactor trips indicate potential problems that need to be addressed - but they also
demonstrate that safety systems are working as they should to Catch these potential problems.
Reactor TrrilpKR,laylye,.Slanmary
171 pp N [ ". -.. Wi B�T./.0 ch i;- ;r,'
r>r a teat or trip tate measured 0 00 winch rs better than both our targe[ and the -
WA�NO• one tnp per 7,000 hours of operation per year. >
Radiation Exposure
to the Public
1A..
2.0
0.5
1.9 ..
1.2.
4.0 ".
Better than target
'" Better than target.
'Better than target
I Data Is cumulative
This figure c an estimate of the radiation dose people would receive if they lived Just outside
the station boundary at their residences 24 hours a day, drank local water and milk, and ate local
fish and produce.The dose is measured in microsieverts (p$v), an international unit of dose. By
way of comparison, the average Canadian receives about 2,000 microsieverts a year from natural
sources such as cosmic rays and nation in the soil. New technology has been introduced at the
Pickering site boundary to more accurately calculate and significantly reduce both the actual and
target public dose values at Pickering Nuclear.
ONTARIO i/ER GENERATION • NUCLEAR REPORT CARO • ALL SITES + APRIL 2000
Environmental
Pertormance Preventable Spills''2
(]=ActualTarget
6
The measure used here to gauge environmental per- atmR 5 s
FoTmance is the number of spills of chemicals or
other substances that have taken place at the stations.
These figures indicate "major and moderate preZZ
-
ventable spills" as defined by the Ontario
Ministry of the Environment d 2
a
m i
'w
a a i 0
YE 98 YE" Y7000
' Data is not available for 1998
=Data is cumulative
Preventable Spills Summary: _
In April, there continued to be no major or moderate spills.This is better than target.
One of the most widely accepted measures of
employee safety is the Industrial Safety Accident
Rate - the number of employee accidents per
200,000 hours worked that result in lost time,
injuries that restrict work, or fatalities.
Industrial Safety Accident Rate
'Actual ~- •Target
eFi1FR
YE99 YE" YTO 00 Inkwly
S&VhYwk
Another useful measure of employee safety is the Accident Severity Rate - the number of days
lost to injuries per 200,000 hours worked.
ONTARIO POWER GENERATION • NUCLEAR REPORT CARD • nLL SITES • APRIL 2000
One measure of how well the stations are doing at producing elec-
tricity is the "CapabWty Factor This figure represents the amount of
electricity the stations are actually capable of producing per month
as a percentage of their potential capacity — in other words, their
capacity if all reactors and related systems were operating with no
downtime at all.
42 Nuclear Performance Index
This index, reported on a quarterly basis, is measured out of 100
and provides an overview of performance based on eleven key
statistics that cover a number of areas, including safety and pro-
duction. The index was developed by the World Association of
Nuclear Operators - WANO.
�• eaiPetiotmattcei xsummary:, agW , �`�.c'.]t�2 �1T'Lr�x„i.ti;::
-For eight conceottive u Barrsth'e performance index has
wek-`lbitl ,.M±Rr..m+te.+t•y, ... �..�(..�,. ,..,reglerid
yyimprovement"Ihe value reported for Q1 2000 in Matrhias been `
.;¢.-�t"eidiP?#�P✓#'y.�'o'fie`_".'.:�.Zn:•x!faSCD`'s' L.i: f '.v.
.. rnshated as a result of a review of a-�anuaty event at Bruce Ndaear. -
The index f r QI 2000 hac increased and is'better than target
Glossary
BETTER
b
Capability Factor
==Actual y -Target
YE 99 YE 99 YTD 00 IMustry
Bendm m
Nuclear Performance Index
C==Actual -�=Target
BmrR 100
80
v
a
`m p
z
YE 98 YE 99 0100 Indo"
OWK&MM
Index: A collection of statistics that, taken together, protide a useful standard or measurement
WANO: 6fbr/d Association of Nuclear Operators - an international organization created to ensure a high
standard of excellence among nuclear operators around the world.
YE: Yearend
YTD: Year to Date
0HARIOPIUMB
GENERATION
ONTARIO POWER GENERATION • NUCLEAR REPORT CARD • ALL SITES • APRIL 2000
Mrs. Patti Barrie
Municipality of Clarington
40 Temperance St.
Bowmanville, Ontario
L1C 3A8
Dear Ms. Barrie:
COUNCIL INFORMATION
June 14, 2000
'00JIJNIS ,
.2.20
I-13
Please find attached issue four of the Ontario Summer Games 2000, Games Organizing Committee
Newsletter. I would appreciate if you would include a copy of this newsletter on your next Council
agenda, as a correspondence item.
� ACh. 87 �
Thomas W. Flood1
Co -Chair
Ontario Summer Games 2000
cc: S. Crosby, General Manager
J. Caruana, Director Community Services.:-
c/o Town of Ajax, 65 Harwood Ave. S., Ajax, Ontario, LIS 21-19
Phone: (905) 619-2529, ext. 7264 ■ "roll Free: 1-888.879.9906 9 Fa::(905) 427-3821 ■ e-mail: OSGatowootajax.com
Newsletter
Hosted by the Municipalities of Durham Region
Mission Statement
The Ontario Summer Games 2000 will foster an atmosphere of sportsmanship, camaraderie and goodwill through
the combined efforts and partnerships developed between athletes, volunteers, sponsors and staff, which will refle
the cOmmunitv s frit found within the Re ion and its ei ht area munici .lilie_.
Volume l *Issue 4 Published by the Games Organizing Committee
06/06/00
Executive Committee Happenings General Manager's Office - Happenings
-a press conference was held on May 25" at the
Wanderers Rugby Club in Ajax. This was hosted by
Ontario Power Generation to recognize our six major
corporate sponsors and introduce Sunny, our Games
mascot.
-informal invitations have been distributed to the
Lieutenant Governor, Premier, Minister of Citizenship
Culture & Recreation for the Civic function and the
Official Opening on Thursday, August 10". All
dignitaries and Councillors in each municipality will be
receiving formal invites in the near future.
-the Civic Reception is to be held at 4:30 pm (location
to be announced) with the Games Opening Ceremonies
at the Civic Fields in Oshawa at 6:30 p.m. on August
10"
-with various Councils recessing for the summer this
will be the last issue of the newsletter.
-a meeting with all the Provincial Sports Organizatic
was held on Wednesday June 7" in Ajax. This meetin;
was held to go over the registration procedures for
Participants. It also gave the Games Organizh.;
Committee an opportunity to meet face to face witl
Provincial Sports Organization Representatives.
-ten volunteer Orientation Sessions have
been set up, at least one in each municipali
@May 29" 7pm. Cannington Arena it
@May 31'° 1pm. Uxbridge Community Centre .
@June 5" 7pm Bowmanville Community Centre
@June 8" 1pm Ajax Community Centre
@June 13" 7pm Uxbridge Community Centre
@June 15" 7pm Oshawa Civic Centre
@June 19th 7pm Scugog Community Centre
@June 221 7pm East Shore Community Centre
(Pickering)
@June 27" 7pm Ajax Community Centre
@June 29" ipm Sports Garden (Whitby)
-a joint meeting and full update was provided by each
Management Committee chair as to where they stand and
where problems exists. Said meeting was held Thursda--
May 18".
66EMBRACE THE CHALLENGE99
Fund Raising Committee - Happenings
mentioned, a press conference hosted by Ontario
ver Generation was held on May 25"'.
his Committee has reached the original target of
100,000 in cash commitments.
-over $200,000 has been raised in services in kind.
Services Committee - Happenings
-ommodanon spaces have now been confirmed for
Participants with the Boards of Education and
-because of difficulty in obtaining cots on a loan basis
the Committee had to go to tender to purchase the
aforementioned. The cost incurred is approximately
$140,000.00.
lers for food services will be distributed in the
future.
! a program for external/internal transportation is now
being formulated.
Promotion Committee - Happenings
- souvenirs have now been received from suppliers
and will be on sale at various festivals and venues
throughout the Region.
-the games mascot "Sunny" has been introduced and
is scheduled to appear at several festivals and parades
throughout the Region.
-promotional program with the news media has been
developed and will be initially unveiled in June.
-program for Games will be printed and distributed to
170,000 households in the Region by Metro Land
Ceremonies Committee - Happenings
-torch run to be finalized in near future
-civic reception to be held 4:30 pm on August 101"
(location to be announced)
-rehearsals have commenced for the Official Opening
Ceremonies. As mentioned previously the official
opening will be held at Oshawa Civic Fields at 6:30pm
on August 10th.
-competition medals for winners tendered.
-Friday and Saturday entertainment for athletes has now
been finalized. Cullen Gardens will be the venue for
Friday, with Iroquois Park hosting on Saturday evening.
Sports Technical Committee -Happenings
-area co-ordinators, site convenors and directors
finalized.
-medical support being finalized.
-all venue sites finalized with final review being
conducted June 1511, 16"' and 17"'.
"EMBRACE THE CHALLENGE"
In Case of Transmission Difficulties. Please Call '116-863-2101
Please Deliver to: The Municipality of Clarinetan
COUNCIL INFORMATION
(i) Ontario
I-15
News Release
Communique
Management seerinarist
Board du Conseil
seeretarlat de gestion
FOR RELEASE 11:30 a.m. June 19, 2000
Ontario Restricts Expansion of Gaming In Ontario
Today, Management Board Chair, Chris Hodgson announced the government's plan for a
three year pause in the expansion of new charity casinos. new commercial casinos, and
chanty casinos at race tracks in the province.
"Taxpayers want us to proceed in a cautious and controlled manner, and that's exactly what
we're doing by implementing this pause," said Hodgson.
The Province, however, will continue to honour current commitments and accept the Ontario
Lottery and Gaming Corporation (OLGC)'s recommendation for a single charity casino in
Eastern Ontario, pending a positive referendum result from a host community.
Today's announcement means:
no table games at OLGC slot facilities at race tracks;
the government is reaffirming its 1998 commitment that there will be no video lottery
terminals (VLTs) In neighbourhood bars and restaurants; and,
there will be no new commercial or charity casinos in a new host community beyond
existing commitments, including the one new site as identified by the OLGC.
Many municipalities have expressed interest in hosting a charity casino, and the government
is taking these steps now to prevent municipalities from making unnecessary investments.
"Our market analysis indicates that at the present time, there is capacity for one charity
casino in Eastern Ontario," said Ron D. Barbaro, Chair and CEO of the OLGC. "The area
under consideration includes the communities of Front of Leeds and Lansdowne,
Gananoque, Prescott, and Brockville. Pending council support, a positive municipal
referendum, and development of a supporting business case by the OLGC, we will be able to
develop a chanty casino in one of those communities."
Ontario is the first jurisdiction in Canada to implement referendum legislation which takes into
account the need for community support. "The Province has stated repeatedly that no
municipality wdl be obligated to host a charity casino." said Minister Hodgson. A
positive referendum also requires the support of the local municipal council .wip
CLER1tC.
Responsible Regulated Resnonsiue 11
2
Ontario continues to be one of the most strictly regulated gaming jurisdictions in North
America. It was also the first to introduce penalties for access to minors and has the harshest
penalties for these offenses.
In 1998, the government responded to charities requests by canceling roving monte carlos.
Chanties now receive $100 million each year from the province's charity casinos. This is ten
times what charities received under the former three-day roving monte carios.
The slot machine operations at racetracks have helped return Ontario to its place as one of
the premiere racing jurisdictions in North America —adding 7,000 new jobs and maintaining
45,000 jobs in the horse racing and agricultural sector.
The government continues to take a responsible approach to problem gambling in the
province by allotting two per cent of gross slot machine revenues from race tracks and
charity casinos — estimated at $17 million this year — to focus on prevention, research, and
treatment. This makes the Ontario problem gambling program the best funded in North
America.
—30 —
Contact:
Karen Vaux Judith GlynWilliams Jim Cronin
Press Secretary to the Minister Gaming Secretariat Ontario Lottery and Gaming Corporation
416-327-3072 416-325-8717 416-224-7033
Responsible Regulated Responsive
M
Fact Sheet
iQ Fiche de renseignements
Management Secrdtarlat
Board du Conseil
Secretariat de gestion
Status of Gaming Premises in Ontario
FACILITY
STATUS
Size
JOBS
CREATED
(esti
Payroll
(03f3t100)
Commercial Casinos
Casino Windsor
Opened May 1994
106 tables, 3048 slots
5000
$189M
Casino Rama
Opened July 1996
112 tables, 2329 slots
2870
$99M
Casino Niagara (Interim) Opened December 1996
Casino Niagara (Permanent) TBD
Charity Casinos
Sault Ste. Marie Opened May 1999
Brantford Opened November 1999
Point Edward Opened April 2000
p
Great Blue Heron (Aboriginal) Opened May 2000
Thunder Bay Projected Summer 2000
' 265 jobs created in relation to the slot operations only
136 tables, 2787 slots
31 tables, 450 slots
45 tables, 450 slots
36, tables, 450 slots
40 tables, 450 slots
14 table, 450 slots
3680
470
990
745
265`
400
TBD
TBD
$13M
$25M
$18M
TBD
TBD
i
a_
r
Responsible Regulated Responsive
Status of Gaming Premises in Ontario (Cont'd.)
FACILITY
STATUS
SIZE
JOBS
CREATED
(sstlmsted)
Payroll
(03131100)
Slot Machines at Racetracks
Windsor Raceway
Opened December 1998
712 slots
295
$9M
Hiawatha Horse Park (Samia)
Opened May 1999
450 slots
180
$6M
Mohawk Raceway (Milton)
Opened August 1999
750 slots
260
$9M
Fort Erie Raceway
Opened September 1999
1200 slots
310
$9M
Western Fair Raceway(London)
Opened September 1999
300 slots
155
$5M
Kawanha Downs
Opened November 1999
375 slots
150
$4.M
Sudbury Downs
Opened November 1999
325 slots
165
$6M
Rideau -Carleton Raceway
(Ottawa)
Opened February 2090
1250 slots
355
$9M
i
Woodbine Racetrack (Toronto)
Opened March 2000
1700 slots
510
$15M
Flamboro Downs
Projected Fall 2000
750 slots
225
TBD
Clinton Raceway
Pro'ected Fall 2000
J
100 slots
55
TBD
Dresden Raceway
Innisfil Raceway
Woodstock Raceway
Hanover Raceway
Elora Raceway
Projected Fell 2000
Projected fall 2000
Projected Spring 2001
Protected Spring 2001
Projected Spring 2001
100 slots
400 slots
100 slots
10o slots
100. 200 slots (TBD)
65
TBD
160
65
65
TED
TBD
TBD
65-130 TBD
TBD
Responsible Regulated Responsive
Fact Sheet
® Ontario Fiche de renseignements
Management Socritariat
Board du Conseil
Secretariat de gestion
Three -Step Process for Establishing Additional Casinos
Ontario is the first jurisdiction in Canada to require referenda for the establishment of new
casinos. This government is committed to a responsible, regulated, and responsive gaming
Policy. Under S. 12 of the Ontario Lottery and Gaming Corporation Act (OLGCA), the
Ontario Lottery and Gaming Corporation (OLGC) may only authorize and establish gaming
facilities when certain "prescribed steps" are taken and required "prescribed conditions" are
met. The regulation under S. 12 sets out the following three-step process for establishing
additional casinos and charity casinos in Ontario:
Stop One: OLGC notification to eligible communities
Step Two: Referendum to ensure community support
Step Three: OLGC selection to ensure the viability of a new facility
Step One - OLGC notification
Following an assessment by the OLGC of the current gaming market and commitments:
(1) The OLGC will notify the councils of municipalities and/or reserves that are eligible to
host a new charity casino. During the period July 1, 2000, and March 31, 2003, only
one new charity casino may be established In Ontario.
(2) The notice to municipalities will be published In the Ontario Gazette.
(3) As a matter of practice all communities across the province will be notified by letter of
the OLGC's decision.
Step Two - Referendum
(1) Eligible municipalities and First Nations may decide whether or not to put the
referendum question before the voters. Only those communities identified by the
OLGC may hold a referendum on the establishment of a new charity casino.
(2) Before deciding to pose the referendum question to the voters, the council must give
public notice of its intention to pass a by-law to submit the referendum question to its
electors.
1
Responsible Regulated Responsive
A copy of the notice must be provided to both the Chair of Management Board and the
Minister of Municipal Affairs and Housing.
(3) At least one public meeting must be held, before the decision is made.
(4) The referendum question used must be the one specified in the new regulation.
(attached)
(5) Spending limits, expenses and penalties for referendum campaigns will be the same
as those under the Municipal Elections Act. For more information about the Municipal
Elections Act contact Peter -John Sidebottom at telephone number 585-7269.
(6) If the majority of the votes cast are in favour of the establishment of a charity casino,
the council must notify the OLGC of the results within 60 days of the election, if it
wishes to be considered for a charity casino.
(7) If the council notifies the OLGC that it wishes to be considered for a new charity
casino, within 60 days of the election it must also agree to:
(a) initiate any necessary rezoning of the site; and
(b) the revenue sharing plan proposed by the OLGC.
(8) First Nations, if eligible, are required to follow the same process (with necessary
modifications) as competing municipalities in the same market area, if they wish to be
considered as a possible host location for a casino.
Step Three • selection
(1) In order to select the preferred location, the OLGC will undertake a business case
analysis of sites in eligible communities. The business case analysis will take into
account the following criteria amongst others:
(a) development costs
(b) the economic viability of continued operations.
(2) The OLGC will make the final selection of a site.
(3) After announcing its decision, the OLGC will make available upon request a summary
of the business case which was used as a basis for their decision.
(4) The OLGC will then proceed to develop the chosen site.
1
Responsible Regulated 111,19sponsiue
Referendum Question to be used for a charity casino in a municipality:
Our municipality is a Potential area for the location of a new charity
casino. The provincial Government has stated that no charity casino will
be allowed in a community that does not want one.
Our municipality is required to hold this referendum as a necessary step
in the process, if it Is to be considered as a location for a charity casino.
A majority vote in favour of a charity casino does not necessarily mean
that our municipality will be chosen, as the Ontario Lottery and Gaming
Corporation must then also establish a business case evaluating the
viability of a charity casino.
Our municipality is considering a new chanty casino to be operated by the
Ontario Lottery and Gaming Corporation. Do you approve of a charity
casino in our municipality?
Choose Yes ❑ or No ❑
This fact sheet is intended as a general guide only. This material has no legal
authority and should not be construed as legal advice. The information contained in
this fact sheet Is designed to be read in conjunction with the new regulation.
Responsible Regulated Responsive
Oof
Management
the C Chair
Board of
emengestion
du gontario ent
Cabinet
Bureau au
12th Floor
president
FefguSon Slack
gdika Ferguson
77 WBIIBSIay Street West
77 rue Waltasley ovest
Toronto. onlam
Toronto (Onlarlo)
M7A 1N3
M7A iN3
*e1: (416) 327-2333
T6160hone : (416) 327 2333
Fm; (416)327-3790
June 19, 2000
Dear Head of Council:
Conseil de
emengestion
du gontario ent
CIO I'Qntario
121 4tage
gdika Ferguson
77 rue Waltasley ovest
Ontana
Toronto (Onlarlo)
M7A iN3
T6160hone : (416) 327 2333
1`616cop1eur: (416)327-3790
As you are aware, in 1998, the Government announced that any future casino
expansion would require municipalities to hold referenda concurrent with
municipal elections, no sooner than the Noverr^er 2000 municipal elections.
We promised the people of Ontario that no new casinos would be established
outside of existing casino communities without clear community support
expressed through a referendum, a positive council resolution, and a viable
business case.
Since that announcement there have been a number of inquiries from
municipalities interested in placing a question on the ballot in the Fall. As a
result, I asked the OLGC to conduct a market assessment In order to
determine the current state of the gaming market in Ontario and provide me
with a macro business analysis. Based on this assessment, the Ontario
Lottery and Gaming Corporation has recommended that there is capacity for a
single charity casino In certain border communities in Eastern Ontario. As a
result, only municipalities in these areas identified as having market capacity,
will be able to decide whether or not they wish to conduct a referendum in the
November 2000 municipal elections. These communities are the Township of
the Front of Leeds and Landsdowne; the Town of Gananoque: the Town of
Prescott; and the City of Brockville.
The results of referenda on gaming, held by any other municipalities will not
be recognized by the province. Further, there will be no consideration of any
new charity or commercial casinos, or charity casinos at racetracks in
communities beyond current commitments, until at least the 2003 municipal
elections.
.../2
Pagetwo
While I understand that some communities may be disappointed at this
announcement, it is our government's intention to provide gaming in a socially
responsible, regulated and responsive manner. The Government is also re-
affirming its 1998 commitment to prohibit VITs in bars and restaurants. This
reflects the Government's cautious approach when it cancelled the roving
Monte Carlo casinos and restricted the introduction of pilot charity casinos to
only four communities that have demonstrated community support. Ontarians
were concerned about gaming in uncontrolled facilities and in
neighbourhoods, and we acted upon those concerns.
In order to ensure that a fair, consistent and transparent process is in place for
the future, we are putting our commitment to hold referenda for new charity and
commercial casinos into a formal regulation under the Ontario Lottery and
Gaming Corporation Act. This regulation establishes guidelines for a three-step
process to be used at such time as additional charity or commercial casinos are
contemplated. This will make Ontario the first jurisdiction in Canada to require by
legislation a referendum to support casinos in new host communities. Please see
the attached press release and fact sheets for more details.
This announcement is also consistent with a decision that was agreed upon with
the horse racing industry to have a pause in the implementation of slot machines
at race tracks, as of March 31, 2000. There will be no new slot machine facilities
at racetracks, beyond existing commitments, until the market settles and the
impact of this program can be thoroughly assessed.
Through the charity casino initiative, chanties will continue to receive $100 million
per year, through the Trillium Foundation, ten times more than what was
available from the previous three-day roving Monte Carlos.
This Government will continue to take a cautious and controlled approach to
gaming, that responds to communities' needs and I'm sure you can appreciate
that extensive consideration was given to this decision. if you have any
questions on this matter, please contact Wendy Rinella, Director of Policy and
Planning, Gaming Secretariat, at 416-314-3680 or fax at 416-325-8568.
Sincerely,
Hon. Chris Hodgson
Chair, Management Board of Cabinet
COUNCIL DIRECTION
To: Mr. Fred Leech. MTO UPDATE ON WETLANDS IN COURTICE FOR MTO
From: Libby Racansky, Courtice. Clarington
Subject: Oshawa-Courtice 401/407 freeway link and our natural heritage - - --
Content: 1. Reduced copy of map of 2 -lane link (8 -lane in the future) in colour from MTO (D. Ivanoska)
2. Map "A" from Regional Official Plan Review, 2000- notice the location of link (outside.
not within urban boundary in OP).
14.3.9 in OP states that: " Those lands designated MOS associated with Hwv # 407 within urban
boundaries shall be used for those uses which are supportive and complimentary to this major
transportation facility."
3. Regional Planning Department mapping of Black -Farewell Wetland Complex, " the
largest wetland complex in GTA" according to MNR study 1997/8/9. Associated woodlots and
streams are not depicted on this map - old growth forest is planned to be removed by this link.
4. Official Plan Review 1992 states that: "The heath and integrity ... within a watershed is tied
to the movement of water through the watershed. Alternation to this flow... alter the functioning
of the watershed ecosystem." (! notice the natural water flow on this map and wetland evaluation
in 1992 below).
5. MNR letter from 1998 states that: " To maintain and enhance these wetlands. it is critical to
maintain groundwater connections. It is important to protect the associated upland forests... to
improve linkages..."
6. Small portion of approximately 100 -page document from MNR- letter from Mr.
Messervey. District Manager. Aurora.
- Welland Evaluation Summary - 4 pages:
"These hvdrological functions /recharge/discharge/ are critical to the downstream ecological
health of Farewell Creek, surrounding urban areas... Second Marsh, an outstanding lakeshore
wetland." "Alteration to water regimes, even minor ones, could have dramatic impacts on
wetland communities..." There is a need to bring water regimes in Black -Farewell back to their
historical levels." /roadside and agricultural ditches are of concern/ "Encouragement should be
given to increasing forest cover..." "Black -F. is noteworthy for its diversity of ...forests..."
7. Reduced Map of wetlands
8. Historical support: Map 7 by Gartner Lee, 1978 depicting wetlands
Map 2.5 by Gartner Lee, 1978 -sensitivity F 5- Courtice wetlands
9. Letter from the Minister and MNR commitment
10. Forest/wetland removal - chart from 1977 to 1999 - 60 %
According to Preliminary Env. Assessment 1994, more woodlots will be removed there will
be 310 in channelization of cold stream creek - impact on spawning grounds - removal of
riparian woodlot, etc. Altogether, there will be a major impact on ecosystem integrity (187.9
ha) and more according to Preliminary EA...
This seems to be in contrary to all the above statements in studies - the link will divide the
watershed in half, diverting the water flow. Wetlands 1. 2, 3 located within the urban boundary
and wetlands 4. 7, 13, 14 (link) will be removed When 60 %of wetland/woodlot was already
removed how much more will be removed with these two activities? Do you think that this
wetland and in fact whole ecosystem can survive?
cc: Durham Regional Planning Committee
Council of Clarington and Planning Department
Mr. Steve Varga, MNR
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Appendix 1
_ EXCERPT OF MAP "A" FROM THE
DURHAM REGIONAL OFFICIAL PLAN
REGIONAL STRUCTURE
URBAN AREAS MAJOR OPEN SPA Cf SYS FE
URBAN AREA BOUNDARY
-'-�
= OAK RIDGES MORAINE
'URBAN AREA BOUNDARY
DEFERRED
IWI MAJOR OPEN SPACE
/
•
I♦ WATERFRONT
®
.MAIN CENTRAL AREA
' — --•
-.:i. SHORELINE RESIDENTIAL
SUB CENTRALAREA
AGRICULTURAL AREA
LIVING AREA
C PERMANENT AGRICULTURAL RESERVE
0
EMPLOYMENTAREA
GENERAL AGRICULTURAL AREA
PERMANENT AGRICULTURAL RESERVE
SUBJECT TO SECTION 14 3
RURAL
M NTS
REGIONAL NODES
HAMLET
0 REGIONAL NODE
J<
(SEE SECTION 15 FOR DESCRIPTION
^L
e.
COUNTRY RESIDENTIAL SUBDIVISION
(SEE SCHEDULE 5 FOR DESCRIPTION)
O
RURAL EMPLOYMENT AREA
(SEE SCHEDULE 8
6
FOR DESCRIPTION)
Region Planning Department Page 12
.4.28
pality: CLARINGTON
Attachment:
BLACK - FAREWELL
WETLAND COMPLEXa'�ck
AUGUST99
-S2000SKEfCH 28WM WOR
3.
.�..
�C..� .. ..:C• an Cow S l.. 1.C?it❑ 3nv l.7 is?rl Ci
of tie various ❑acus! Gns ccLLents within a watershce s : -,ji.;c v a o c cvtm� r
meter rouzh t G':atGrs. ,cera o❑ to a v � +•,iii.
�T this Lcw t "watt: ::ay CU3..� cc;-aLti• 31tc,
tai r ncrontnz of � c Ovate saca ccos� c�yM. 6 ause tzc use of iacd can S. -cantr✓ 0,
aricc: tae movemcu( of wa(cr tarougn tae watershed and t-Scrc;crc cue iLteg: ^ of the
natural en.irenmeaL the concept of land planning on 3 watcrs:cd basis is rCCtivimz
more sed attention. I( is the rcCcrc-mr)oF-aoI is any discussion, of :hc natural ea.iroc :ea C
:J Undc r-staad uOw 3 'raler$hGn Lucccocs and how land use and 3n's ac,,M1i7nes c3; a—"cG;
:h GSC fllnc,iocs. — '
4uO7f;it
CONNIV
FAREWELL CREEK
LEX (CUSS 3)
Ministry of
Natural Resources
50 Bloomington Rd
Aurora, Ontario
L4G 3G8
October 5, 1998
Ms Libby ' =.cansky
3200 Hancock Rd.
Courtice, Ontario
L1 E 2M1
Ministere des
Richesses naturelles ® Ontario
West
Re: The Provincially Significant Black - Farewell Wetland Complex
Th Mims, c � d the d bo dames for the
The ie fvuf i,o.r'y' vi Natural iRESCUrCES has Up.�a^tee. i wetlan., wuni
Provincially Significant Black - Farewell Wetland Complex based on 1997 and 1998
fie:lwork it has carried out in partnership with the Central Lake Ontario Conservation
Autnority.
The map sent to you on September 15, 1998 outlines the new wetland boundaries for this
complex and the location of associated forests. A few wetlands still have to be added to
this map, based on the 1998 fieldwork. This includes a wetland bounded by Trulls Rd.,
Pebblestone Rd., Prestonvale Rd. and Nash Rd. In addition, the six smaller woodlots
between Courtice Road and Hancock Rd. just north of Nash Rd may also support
wetlands. These wetlands will be included in a finalized map to be completed by the end
of October, 1998.
Significance of the Black - Farewell Wetland Complex
The Black - Farewell wetlands sustain extensive swamps of Eastern White Cedar, Silver
Maple, Balsam Poplar and Trembling Aspen, occasional thicket swamps and marshes of
cattail and Reed Canary Grass. These wetlands occur on major discharge zones along
the glacial Lake Iroquois Beach and provide substantial baseflow for Farewell Creek and
a headwater function for its main tributary, Black Creek. Many of the original wetlands
associated with the Lake Iroquois Beach feature have been removed and those that
remain are quite unique. Due to their resistance to farming because of high water levels,
they are the largest blocks of forest left in the area and therefore provide habitat for area
sensitive breeding species. These wetlands are noteworthy for their large breeding
populations of woodlands frogs, its coldwater fisheries, its Great Blue Heron colony, and
its large concentration of rare Durham Region plant and bird species including Broad -
winged Hawk and the provincially vulnerable Red -shouldered Hawk.
To maintain and enhance these wetlands, it is critical to maintain groundwater +
connections . It is also important to protect the associated upland forests, ensure
adequate buffering and improve linkages among the wetlands, and between wetlands and
their associated upland forests.
z cxh�6!f
No. 7
Page 2
A comparison of air photography over the past 20 years shows the loss of large swamps
and forests within the wetland complex, particularly around Courtice Road and between
Trulls Rd. and Prestonvale Rd. Attempts should be made to maintain the remnants and
to restore at least some of these lost swamps and forests.
The remaining forests and wetlands in the complex should be protected with adequate
buffers provided around them that will ensure that wetland and forest functions are
maintained. In addition, a large buffer should be provided around the habitat of the
nesting Great Blue Heron colony. These heron colonies are extremely sensitive to
disturbance and are considered rare in the Greater Toronto Area. The Red -shouldered
Hawk is also considered a sensitive bird species that requires large tracts of older forests
and associated wetlands. It has become provincially vulnerable because of the loss and
fragmentation of its forest/wetland habitats and forest management practices that result in
the removal of trees with large crown sizes.
Linkages need to be improved among the wetlands, particularly along the stream courses. I
Linkages also need to be maintained and improved between wetlands and associated
upland forests to ensure the survival of the area's woodland frogs, including the Tetraploid
Grey Tree Frog, Spring Peeper and Wood Frog. These species use the wetlands and
ephemeral pools for breeding in the spring but also require upland forests for summer
feeding and for winter hibernating.
Encouragement should be given to increasing the amount of forest cover around the
wetlands. Critical areas for reforestation include the small agricultural fields in the middle
of wetlands, recently cleared wetlands/forests, and stream courses through agricultural
lands.
It should be noted that the extensive wetland swamps in this area provide important
thermal regulation that support coldwater fisheries including Brook Trout.
If you have any questions regarding the Black- Farewell wetland mapping exercise please
feel free to call me at (905) 713-7370 or call the Durham area biologist Tim Rance at
(905) 713-7398.
Yours sincerely,
Steve Varga
Inventory Biologist
Aurora District
C. C. Nancy Rutherford, Regional Municipality of Durham
Cynthia Strike, Municipality of Clarington
Dale Leadbeater, Central Lake Ontario C.A.
Tim Rance, Biologist, MNR, Aurora District
Ministry of Ministere des
Natural Resources Richesses naturelles
50 Bloomington Road West 0 n to ri n
Aurora, Ontario
L4G 3G8
August 27, 1999
Mr. Norm Monaghan
15 Westmore Street
Courtice, Ontario
L1 E 2H8
Dear Mr. Monaghan:
Re: Provincially Significant Black -Farewell Wetland Complex
Enclosed is a wetland evaluation summary and accompanying map for the Provincially
Significant Black -Farewell Wetland Complex.
The Black Farewell Wetland evaluation updates and re-examines the wetland complex
evaluated by the Ministry of Natural Resources in 1987. New wetlands, recently investigated
.n 1997, 1998, and 1999, have been added to the complex.
The Black -Farewell wetlands were combined into one complex following the protocols for
complexing in the 3rd Edition of the Ontario Wetland Evaluation System, Southern Manual.
These wetlands were complexed together because they are all in the Farewell Creek
watershed, within 750 metres of each other and linked by stream corridors and adjacent
crested uplands or agricultural lands.
you have any questions feel free to contact our inventory biologist, Steve Varga, at (905)
13-7370 or by fax at (905) 713-7360.
incerely,
4 �if ��
W. Messervey
strict Manager
bora District
C.
Thomas A. Christoff, Forest Manor Dev - ^pments Ltd.
Steve Varga, Aurora District, MNR
6.
PROVINCIALLYSIGNIFICANT
BLACK - FAREIVELL 1YETLAND COMPLEX
.August 1999
Ontario Ministry of Natural Resources
.-Aurora District
Ontario Base Naps: 10 17 6750 48700, 6750 48650. 6750
43600, 6300 43650
National Topographic Series Maps: 30JV15
L -MM Reference: 10 17 673000 4867000
Latitude: 43 56 'Longitude: 78 46 '
Aerial Photographs: Ll2,C00. 1994-23-04. Roll 94014,
Line A No. 6:120-127, Line & No. 5: 96-102; 1;10,000,
NNR 1997, Roll 38, Line & No. 6789-6792
Municipality, Lots & Concessions: Regional bfunicipality,
of Durham, Municipality of Clanngton: Cone. 3, Lou 17.30;
Cone. 4. Lou 17.29; Cone. 5. Lou 21, 23,'_4, 26
Ownership: 100 %'private
Conservation Authority: Central Lake Ontario (CLOCA)
Wetland Status: provinciavy s,gnieicant
Number of Wetlands and Area: 37 wedands. 585.3 ha
Wetland Type: Swamp 91%. Marsh 9%
Wetland Site Type: Palustrbte 91. 7%, Rivenne 8.2%, isolated
0.1%
Wetland Score: Biological Component 175, Social
Component U6, Hydrological Component 241. Special
Features 250, Total 822
Dates Investigated: 1997: July 7; Oct. 15, 24. 28; Nov, 4, 26;
Sept. 3, 5. It:. 1998: Sept. 3, 15; 1999: Aug. 5, 16, 18, 24, 25
Perron Hours: 234 hours
toes igators: MNR: Steve Varga, Mike McMuray, Tim
Rance. D<rrleaa Kandalepu. Elizabeth Zajc. Karen Mews,
Heather Murdie, Ramana Thambipillai. Christine Jacobson and
Lesley Tebby; CLOCA: Kathy Heib, Dale Lzmbeater and
Brian Hemhaw (Henshaw, 1998)
Introduction
The provincially significant Black -Farewell
Wetland Complex is located in the Municipality
of Clarington and is bounded by Trulls Rd., Green
Rd., Nash Rd. and Conlin Rd.
The Black -Farewell Wetland Complex updates
and re-examines the wedand complex evaluated
by MNR in 1987. It incorporates a number of
wetlands that were not looked at in the 1987
evaluation. This inventory is pan of an ongoing
effort to update and re-examine wedands in the
Greater Toronto Area (GTA). The fieldwork was
done in partnership with the Central Lake Ontario
Conservation Authority.
The wetlands are ,grouped into one complex
because they are all situated on the Farewell
Creek watershed and individual wetlands are
located within 750 metres of the nearest adjacent
wedand. The wedands are also linked by stream
corridors, adjacent forested uplands or by
agricultural lands.
Six wetlands under one hectare were included in
the complex. One wedand is part of a larger
wetland, now separated by a narrow strip of
agricultural land. The other five wetlands were
included because they support communities not
well represented elsewhere in the wedand
complex, have significant species or serve as
amphibian breeding ponds.
In addition, small upland pockets have been
included in the wetland complex. These areas are
too indistinct to separate from the surrounding
wetlands.
Biological Component
The Black -Farewell Welland Complex receives a
score of 175 for its biological component.
Black -Farewell has 37wetlands covering a total
of 585.3 hectares. These wetlands occur along
Farewell Creek and its major tributary Black
Creek. Most of the wetlands have mineral
susbsuates of sands and, less frequently, lotions
and clays that are poorly drained with the water
table within five metres of the surface (Gartner
Lee Ltd. 1978).
The sandy soils of Black -Farewell were laid
down along the shores of glacial Lake Iroquois, a
much larger version of Lake Ontario. The
Regional ivlunicipality of Durham has the most
extensive example of Lake Iroquois shoreline in
the GTA. The shoreline's poorly drained soils
are evident as an extensive east -west band of
forests and wetlands across the breadth of
southern Durham.
The Black -Farewell wetlands sustain a high
diversity of 42 wetland types. Most common are
swamps covering 91% of the wetland complex.
There are rnixed/conifer swamps dominated by
White Cedar (41.2%) and deciduous swamps of
Trembling Aspen, Balsam Poplar, Green Ash,
Silver Maple, Yellow Birch. White Elm and Black
Ash (40.9%). Scattered thicket swamps
dominated by various willow species and Red -
osier Dogwood cover 9.4% of the wetland
f.6
romoies. Covering the remaining 3.3% of the
wetland complex are marshes of cattails (Trpna
sp.) and Reed Canary Grass (Phalans
anmdinacea) and. cccasionally, Wool -rush
(Scirpus cypennus), Water -parsnip (Slum sauve).
Canada Bluejoint (Calamagrosris canadensis).
Cutgrass (Leersia oryzoides). Lake Sedge (Carex
iacusrrts) and Variegated Horsetail (Equiserum
vanegarum). Several ope;: ponds are dominated
by Leafy Pondweed (Poramogeron J'oliosus) and
Common Duckweed (Lemna minor).
Black -Farewell is noteworthy for its diversity of
surrounding upland forests and plantations, which
cover 144 ha. The most common woodland types
are Sugar Maple deciduous forests and Hemlock —
Sugar Maple mixed forests. There are also
occasional forest stands of Red Maple, Sugar
Maple—Beech, White Cedar and White Cedar—
Hemlock. Some of these upland forests, such as
those in and around Wetlands t and 8 are
noteworthy for their maturity, with a number of
trees over 100 years in age. There are also
younger successional forests of Trembling Aspen
and White Bach in deciduous stands or mixed
with White Cedar. Conifer plantations are
restricted to several small pockets.
The diversity of wetlands and associated uplands
at Black -Farewell explains its high diversity of
plants and animals. The inventory found 63
breeding bird species, 10 reptile and amphibian
species and 402 vascular plant species.
Adjacent uplands are important for many wetland
species at Black -Farewell, and they are critical for
the maintenance of its wedand functions.
Waterfowl such as bfallards nest in fields around
the wetlands. The abundant population of
woodland frogs such as Spring Peeper, Wood
Frog and Gray Treefrog rely on the spring -flooded
thicket swamps and marshes for breeding, but
forage and hibernate in the surrounding upland
forests and plantations. Other frogs at Black -
Farewell such as the Leopard Frog forage in fields
a considerable distance from the wetlands. They
also move bctween wetlands, hibernating in the
bottom of deeper permanent ponds, and breeding
in more shallow wetlands. The Snapping Turtles
and Painted Tures at Black -Farewell live year-
round in permanent wetlands, but lay thea eggs in
the surrounding uplands.
Black -Farewell's diversity of breeding forest bad
species is due to its large tracts of treed swamps
and associated upland forests. These include such
2
forest birds as: Sharp -shinned Hawk. Broad -
winged Hawk, Black -and -White Warbler, Pileated
Woodpecker. Veery. Ovenbird- Scarlet Tanager,
Northern Waterthrush. White -throated Sparrow,
White -breasted Nuthatch and Rad -breasted
Nuthatch.
Social Component
The Black -Farewell Weiland Comole.x receives a
score of 156 for its social component. The
wetlands receive high to moderate scores for
economically valuable products and recreational
activities such as Fishing. Its nearness to urban
centres is also noteworthy.
Hydrological Component
The Black -Farewell Wetland Complex receives a
score of 241 for its hydrological component.
The extensive Black -Farewell wetlands are
hydrologically very important in regards to flood
attenuation, maintaining water quality,
groundwater discharge and recharge, and as a
long-term nutrient trap. These hydrological
functions are critical to the downstream ecological
health of Farewell Creek, surrounding urban areas
and at Farewell's mouth. Second Marsh, an
outstanding lakeshore wetland (Henshaw &
Leadbeater 1999).
The wetlands at Black -Farewell are highly
significant discharge zones providing clear cold
water to Farewell Creek and its major tributary
Black Creek. It is these wetlands and the
surrounding uplands that are responsible for this
stretch of Farewell Creek supporting coldwater
fisheries in contrast to the warmwater fisheries
upstream and downstream of the wetlands
(Gartner Lee Ltd 1978). The wetlands also serve
as recharge areas into the aquifers along the Lake
Iroquois shoreline.
Special Features
The Black -Farewell Wetland Complex receives
the maximum score of 250 for its special features.
Extensive wetlands such as Black -Farewell are
uncommon on the Lake Iroquois Plain (site
district 6-13). The poorly drained soils along the
Iroquois Shoreline and the lakeshore marshes
support most of the wetlands in this site district.
Black -Farewell is noteworthy for supporting the
largest wedand complex and the largest swamps
on the Iroquois Plain in the GTA.
I
The Black -Farewell wetlands are outstanding for
their significant species, one of the largest
concentrations on the Lake Iroquois Plain (Table
1). Its extensive swamps and associated upland
forests support two significant forest bird species
that require large forested habitats: the locally
rare Blue -Gray Gnatcatcher and the provincially
rare Red -shouldered Hawk. Twenty-four locally
rare plant species occur in a variety of wetlands.
Black -Farewell is important for wildlife. Its 211
hectares of mixed/conifer swamps are locally
significant for wintering deer. Its spring -flooded
wetlands provide a spring stopover for migrating
waterfowl such as the Wood Duck. This
waterfowl species and the Mallard also breed at
Black -Farewell, in addition to other wetland
birds such as: Common Snipe, Green -backed
Heron, Northem Waterthrush, Swamp Sparrow,
Alder Flycatcher and Willow Flycatcher. Black -
Farewell also supports a Great Blue Heron
rookery, one of only about a dozen such breeding
colonies in the GTA.
Black -Farewell sustains locally significant fish
habitat. The tributaries in and around the Black -
Farewell wetlands have Brook Trout and Mottled
Sculpin populations, which are indicators of good
coldwater habitaL Other fish species present
include Rainbow Trout, Common White Sucker,
Bluegill Sunfish, Brown Trout, Pumpkinseed,
Brown Bullhead, and Rock Bass. Many minnow
species also occur in the creeks such as: Creek
Chub, Blacknose Dace. Longnose Dace, Common
Shiner, Blunmose Minnow, Rainbow Darter,
Johnny Darter, Northern Redbelly Dace, Fathead
Minnow, Fantail Darter, Spottail Shiner and
Finescale Dace.
Table 1. Significant species
Provincially Significant Breeding Bird Species
Source: Brian Henshaw t998 field observations
I. Red -shouldered Hawk
Locally Rare Plant Species (Rare in the Regional
Municipality of Durham)
Source: S. Varga field observation; and corrections 1997-99:
Dale Leadbeater field observations and covections 1995. 97.
98 (Leadbeater 1998 field notu. Gartner Lee Ltd. 1998);
Sums: based on Varga. S. et al., 1999.
I. Yellow Sedge (Carer flava)
2. Ground -pine (Lycopodium obscumm)
i. Beaked Sedge (Cares umculara)
4. Moonseed (Menispermum cartadense)
5. New York Fem (Thelypreris noveboracensis)
6. Golden saxifrage (Chrysosplenium omericanum)
7. Marsh Purslane (Ludwigia palurris)
8. Wire -Stemmed Muhly (Muhlenberg,a frondosa)
9. Northern Manna Grass (Glyceria borealis)
10. Floating Manna Grass (Glycerin septenmonalis)
11. Richardson's Rush (!uncus alpinoaniculams)
12. Black Maple (.icer nigrum)
13. Water-ceiery(Vallisoena amencana)
14, Whim Water Crowfoot(Ranunculus lonfirostns)
.3. Foxglove Beard -Tongue (?enstemon diquahs)
16. Eastern Bunonbush (Cephaurmhus cmd<ntahs)
17. Closed Gentian (Genriana andrewsu)
I3. Rough Sedge (Carex scabrara)
19. Greenish Sedge (Cares vindula)
10. Red -Sheathed Bulrush (Scirpus rlbronncvs)
21. Columbian Watenncal (Woifo columolana)
22. Climbing Poison -ivy (Rhus radicans s. radicans)
23. River -bank Wild -rye (Elvmus noanus)
24. Cardinal Flower (Lobelia cardinalis)
Locally Rare Breeding Birds (Rare in the Regional
MurucipaGry of Durham)
Source: Brian Henshaw 1998 field observation:
Scams: based on Bain & Henshaw, 1994,
25. Blue -Gray Gnareateher (Polioprila mer-slea)
Conclusion
The Black -Farewell Wetland Complex is
provincially significant with a total score of 822
points. A wetland that scores 600 or more points
or has 200 or more points in either the biological
or special features component is provincially
significant.
Black -Farewell sustains the largest wetland
complex and the largest swamps on the Iroquois
Plain in the GTA. Black -Farewell is noteworthy
for its large number of significant plants and
animals, its heron rookery and its coldwater
fisheries with resident populations of Brook
Trout.
Recommendations
Major Welland functions and features to be
maintained at Black -Farewell include, its high
diversity of wetlands; its important discharge and
recharge functions; its outstanding diversity of
species and community types; its coldwater
fisheries, its good quality association of wetlands
and uplands and its wildlife corridors.
To ensure that Black -Farewell's important
discharge and recharge functions are maintained,
it is important to maintain water quality, quantity
and duration to the wetlands and to safeguard the
groundwater. Alterations to water regimes, even
minor ones, could have dramatic impacts on
wetland communities and their resident species.
There is a need to bring water regimes in Black -
Farewell back to their historical levels. Roadside
and agricultural ditches and the occasional
ditches through the wetlands have all had the
effect of drying out Black -Farewell and reducing
the critical extent and duration of spring
flooding. A long-term water budget should be
considered for the Black -Farewell wetlands. The
4
s�
phasing out of at least some ditches could be an
important step in improving its water regime.
The high diversity of wetland species at Black -
Farewell is the result of its extensive and diverse
wetlands that are well connected to each other and
to adjacent upland habitats. To maintain species
diversity, the interconnected network of wetlands
and uplands must be maintained.
Critical associated uplands for Black -Farewell
wetland species are its surrounding woodlands.
The woodland frosts at Black -Farewell are
dependent on these forests for hibernation and
foraging. As well as using spring -flooded
wedands in the complex for breeding, the
woodland frogs also breed in some of the ponds in
the surrounding abandoned gravel pits. It is
critical that travel corridors be maintained for
woodland fogs between their forests and breeding
ponds.
The high diversity of forest bird species at Black -
Farewell also necessitates maintaining its creed
swamps and upland forests. Many of these forest
birds require large blocks of woodlands for their
survival and experience declines following urban
development (Friesen et al. 1995).
The largest marshes at Black -Farewell abut
agricultural lands (Wetlands 8 and 18). Critical
uplands for these wetlands would include the
adjacent pastures and croplands. These habitats
would be utilized by wetland species such as
nesting waterfowl, which can nest several hundred
metres from a wetland, and amphibians such as
the Leopard Frog, which forage in uplands around
their wetlands. These activities were all observed
at Black -Farewell.
It is critical that seasonally flooded ponds and
permanent ponds in the abandoned gravel pits
around Black -Farewell be retained. These wet
areas support breeding woodland frogs, resident
turtles, Leopard Frogs and Green Frogs and
unusual Variegated Horsetail communities
Wildlife corridors in and around the Black -
Farewell Wetland Complex :ed to be maintained
and cngthened. Stud:: have shown the
imporLmce of wildlife com mors in maintaining
diversity and resiliency in an ecosystem (Riley
and Mohr 1994). In addition to the travel
corridors between breeding ponds and forests
there are also larger wildlife corridors at Black -
4
Farewell that occur along the tributaries of
Farewell Creek and in a major east -west band.
Encouragement should be given to increasing
forest cover in the drainage basin of Black -
Farewell particularly around wetlands and larger
wocciand blocks and along wildlife corridors.
Black -Farewell is situated in the midst of a major
east -west ,green corridor along the Iroquois
Shoreline. This corridor stretches for 70 kms in
the GTA across the breadth of southern Durham
from the Rouge River to the Ganaraska River.
Connections along this corridor could be
strengthened by, for example, reforesting the gaos
between wetlands and forested areas.
East -west connections within Black -Farewell
could also be strengthened through reforestation
along its tributaries. This would include the
riverine connections between Wetlands 22 and 23,
Wetlands 19 and 31 and Wetlands 1, 2 and 3.
Reforesting the agricultural pockets in the midst
of the two largest wetlands in the complex
(Wetlands 8 and 18) would greatly add to the
amount of forest interior habitat.
Connections could also be improved to the north
of Black -Farewell. Reforesting the upstream
tributaries of Farewell would link it to the Oak
Ridges Moraine (MNR 1999). Improved
connections to the south would bear link Black -
Farewell to Lake Ontario and the provincially
significant Second Marsh, a premier lakeshore
wetland.
References
Bain. M. and B. Henshaw. 1994. Durham Region 4anual
History Report 1993. The Pickering Naturalists
Garmcr Lee Ltd. 1978. Environmental Sensitivity Mapping
Project for the Central L.*c Onmdo Conservation
Authority.
Qarmer Lee Ltd. 1998. Buchdale Village Envuonmenuel
Impact Study—Phase 2 Futal Report
Friesen. LE.. P.F.J. Eagles and R.J. Mackay. 1995. Effcers of
Residential Development on Foresrdweiling
Neouopical Migrant Songbuds.Conservarion
Biology (9)6: 1405.1414.
Henshaw, B. 1998. ELC Communiry Description Feld Notes
for Farewell Creek September 5 and 11, 19998
Henshaw. B. and D. leadbeater. 19991n prep. Farewell Creek
Natural Heritage Assessment and Identification of
Restoration Norides. Friends of Second Marsh and
the Central Lake Ontario Conscrvadon Authority
Leadbearer. D. 1998. Feld notes for Trills Road Woods.
September 3 and 5, 1998
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-
Ms. Libby Racansky
32UO Hancock Road
Courtice ON L1E 2M1
Dear Ms. Racansky:
99-03173-I'.", I I`d
9.
Thank you for your e-mail of August 15, 1999, regarding forested and sensitive areas in
Courtice North. I apologize for the delay in responding.
The Ministry of Natural Resources (MNR) has carried out three years of wetland field
work in the Clarington area at the request of the Central Lake Ontario Conservation
Authority (CLOCA) and the Municipality of Clarington. Based on this work, MNR
identified the provincially -significant Black -Farewell Wetland Complex in August 1999.
This wetland complex is over 500 hectares in size and includes the treed swamps around
Courtice. A summary report and maps have been forwarded to the Municipality of
Clarington, the Region of Durham, and to landowners and interest groups that had
expressed an interest in the wetlands.
The Municipality of Clarington's planning department has approached the ministry's
Aurora district office and the Ministry of Municipal Affairs and Housing for suggestions on
how the municipality might go about providing increased protection for the wetland areas
through improved planning and development controls.
I appreciate your taking the time to provide me with your views on protecting the forested
swamps north of Courtice. MNR remains committed to protecting provincially -significant
wetlands. Wetlands play a key role in the ecological health of the province's watersheds .
and in protecting the large number of wildlife species that are dependent on wetlands for
their survival.
If you would like further information on the provincially -significant Black -Farewell Wetland
Complex, please contact Mr. Steve Varga, a biologist in the Aurora district, at (905) 713-
7370.
Thank you again for writing. I trust that this information is of assistance to you.
�
S
John/. Snobelen
rvli
cc�Steve Varga, Biologist
Aurora District Office
To Clarington Council and Planning Department from the Friends of the Farewell. Nov. 1. 1999:
CLOCA Table 5-2, Watershed Inventory, 1977
Watershed area 104.9 Ian10, 490 ha
Forest 1, 266 ha 12.07%
Scrub 227 ha 2.16 %
1, 493 ha 14. 23 %
MNR, Wetland Evaluation, 1999, pg. 1, 2
Total
Forest
Forest -swamp
Decrease 1977-1999
585.3
ha 91 % swamp
9 % marsh
144.00
ha
533.62
ha
676.62
ha 6.45%
1,493 ha
- 676 ha
817 ha lost
60 % loss of wetland/swamp and forest in just 20 years!
2, 2000
Worship Mayor Diane Harare
ucipality of Clarington
Iemperance Street
,manville, ON
3A6
r Mayor Hamre:
COUNCIL DIRECTION 10OJUNI6 Fh ',33:Q :?R., D-10
JUN 12 2000
FTSE DEPT.
JUN - 7 2000
,e,mOtPALITY OF CLARINGTON
MAYOR'S OFFICE
writing to ask for your support for a new emergency alert system — via your television set —
vhich we are currently seeking regulatory approval from the CRTC. This new technology,
doped by Pelmorex Communications Inc., could represent a major step forward in both
emergency and environmental preparedness in your area.
This new Canadian technology, the All Channel Alert (ACA) system, would allow authorized
I government agencies to quickly alert cable television viewers to unexpected or imminent threats
f^ life or property. Initially, the system would transmit severe weather-related warnings from
,ronment Canada, but eventually municipal authorities would be able to access the system to
citizens to other types of emergencies in the local viewing area, such as industrial accidents
cal flooding. There will be no fee for use of this service by authorized government users.
technology can intercept ALL channels distributed by cable companies in the local area
;ted by the emergency and overlay a warning message on the television screen. It is a quick
efficient way for information to be relayed to Canadians and it complements other more
tional means of receiving such information.
.arkably, Canada has no such national emergency alert system. While these types of alerts
been available for years in the United States, there is no similar service in Canada.
iorex specializes in providing Canadians weather-related information through our two
,nal specialty channels, The Weather Network and M&&MMia, which are distributed to
t and a half million Canadian cable households.
lave applied to the CRTC to amend our broadcasting license in order to provide the ACA
ce. That process is well underway, and we anticipate that the CRTC will render its decision
:his summer. However, a public consultation process has started for which we would
eciate the Municipality of Clarington's declared support. The deadline to write to the
'C is July s, 2000. P E L M O R EX
COMMUNICATIONS INC.
1 ROBERT SPECK PKWY, SUITE 1600
MISSISSAUGA, ONTARIO L4Z 4B3
Phone: (905) 666-9511
Fax: (905) 566-9696
-2-
vould appreciate the opportunity to brief you on the ACA service, either in person or by
Inference, and to explain what it could mean for the Municipality of Clarington.
;e find attached some backc:-'und information on the ACA proposal. If you have further
:ions, would like to setup a. —ting, or would like to support our application to the CRTC,
e do not hesitate to contact m., (905) 566-9511, ext. 271 or by e-mail at
oleO,on.peimorex.com or visit our web site at www.allchanneialert.com.
s sincerely,
Temple
)r Vice President
orate Development
GLERK
ACK. By L7
How you can support the Pelmorex "All Channel Alert' Service
The Formal Approach (recommended for large companies & organizations)
2DER TO BE CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC
iit your original written intervention to the Secretary General of the Commission (CRTC,
ra, K1 ON2) no later than July 5th, 2000. A true copy MUST be sent to Pelmorex and
that this has been done must accompany the original intervention sent to the Commission.
cally this is done by sending Pelmorex a copy of your intervention by registered mail, or by
nd then including a copy of the postal receipt or fax log with your copy to the CRTC). The
umber for the CRTC is 819-994-0218. The fax number for Pelmorex Is 905-566-9370.
s case, the intervention may be filed with the Commission by electronic mail at the
ving e-mail address: procedure@crtc.gc.ca and should indicate if a true copy has been
to the applicant. The email address for Pelmorex is: aca@on.pelmorex.com
n filing by electronic mail, each paragraph of the document should be numbered. In
ion, as an indication that the document has not been damaged during electronic
mission, the line ***End of document*** should be entered following the last paragraph of
document.
The intervention must be received by the CRTC and by the applicant ON OR BEFORE the
deadline date July 5`h, 2000. The Commission cannot be held responsible for postal delays.
Your intervention should also refer to: Public Notice CRTC 2000-71, application # 199917720.
intervention will be considered by the Commission, and will form part of the public record
e proceeding without further notification to you, provided the procedure set out above has
i followed. You will be contacted by the CRTC only if your submission raises procedural
,tions (very unlikely).
The Less Formal Approach (Recommended for individuals or small groups)
)ly follow the format shown below, address your letter to the CRTC, but send it directly to
iorex Communications Inc. We will deliver it to the CRTC. In this case send your
vention
Mail to: If by Fax to:
norex Communications Inc. Pelmorex Communications Inc.
a Paul Temple Attn: Paul Temple
e 1600 Fax: 905-566-9370
)bent Speck Parkway
3issauga, Ont., If by E-mail to:
4133 aca@on.pelmorex.com
What to say in your intervention Supporting Pelmorex's
All Channel Alert System
ur intervention should clearly identify the application and indicate your support of the
Plication. In the event that the applicatio:: is brought to the oral phase of a hearing it would be
Ipful to the Commission if you provide r::asons why your written commer,are not sufficient
d an appearance is necessary. Again th,s is typically something larger c orations and
ianizations might do given the cost associated with appearing at a hearing.
Re simply, your intervention should clearly identify who you are, a little about yourself, your
mpany or organization, why the issue is of importance to you, and lastly your -support for the
)posal. A sample is shown below:
Sample Outline of Letter to CRTC
!cretary General,
R.T.C.,
tawa, K1A ON2
(indicate how sent)
By registered mail
By fax to 819-994-0218
By e-mail to procedure ancrtc.pc.ca
Your name/company address
etc
Your Phone/fax/email
( recommended if not on letterhead)
Date letter sent
:: Public Notice CRTC 2000-71
Application # 199917720 by Pelmorex Communications Inc.
;ar Secretary General,
(Explain who you or your company, organization is, why you are interested in emergency
:rt issues and disaster recovery/relief, what background you have in the area)
(Indicate clearly that you support the application as filed by Pelmorex Communications
c. for the "All Channel Alert" service)
(Explain why you support the service; possibly mentioning features or benefits, its
)tential to reduce property damage and human suffering, etc.)
(Close off letter, indicate whether you wish to appear should the C.R.T.C. decide to
oceed with a public hearing.)
Yours truly,
(Your name/signature)
>py: Pelmorex Communications Inc.
Attn: Paul Temple
Suite 1600, 1 Robert Speck Parkway,
Mississauga, Ont., L4Z 483
Fax: 905-566-9370
Email: aca@on.pelmorex.com
PELMOREX ACA PROPOSAL — Backgrounder -
exactly does it work?
Pelmorex already operates a national system that distributes localized weather data
to more than 1100 cable systems via satellite. Our PMX technology permits
Pelmorex patented equipment at a cable company's technical centre to select local
graphical and text data from a national data stream for display on the local The
Weather Network and MdtdoMcdia (TWN/MM) channels. This technology is also the
key to being able to localize urgent alert messages automatically. Pelmorex will
supply the ACA equipment at the cable company's facility.
In the case of weather alerts, Environment Canada will:
■ make the determination that an imminent or unexpected weather event
warrants the issuance of a weather alert message
• compose the text of the warning, in English and French
• determine the geographical area(s) affected and assign the appropriate
codes, and
• forward the complete warning message, with geographic codes, to
Pelmorex.
Pelmorex's automated ACA systems will, in turn:
' • log the receipt of the message
■ acknowledge and confirm the complete message text with Environment
Canada
• assign the cable company serving area codes corresponding to the
Environment Canada geographic codes, and
• insert the Environment Canada warning message, with the cable
company serving area code, into the TWN/MM national data streams
distributed by satellite.
At each cable company's technical centre, the PMX unit accepts any message
intended for that particular system, and directs the message to the ACA unit, also
located at the technical centre. The ACA unit inserts the text message sent by-
Environment Canada onto the video signals of all channels distributed by the cable
company, so that it will appear on the screen of all subscribers, no matter what
channel they may be viewing at the time.
In summary, the ACA system distributes a local alert message, within a few seconds
of being issued, simultaneously on all channels distributed by the cable
company(ies) in the affected area(s) only. By displaying only localized alerts, it
minimizes the number of alerts broadcast on a given cable system and ensures that
residents of other areas are not needlessly alarmed or confused.
2
PELMOREX ACA PROPOSAL —
What's the ACA proposal all about?
rounder
Pelmorex Communications Inc. is a privately -owned Canadian company founded in
1989 and which now employs over 275 people. Pelmorex owns and operates two
national specialty channels, The Weather Network and M&6oMMa, which are
broadcast in both official languages and are distributed to eight and a half million
Canadian households representing 95 percent of Canadian cable and direct -to -home
satellite subscribers. The Pelmorex family of companies are leaders in providing
customized weather-related content and services to business and consumer markets
in Canada, including the popular websites www.theweathernetwork.com and
www.meteomedia.com.
Pelmorex has developed a new technology, the All Channel Alert (ACA) system, that
can alert cable television viewers to weather-related or other emergencies in their
area. The technology can intercept ALL channels distributed by a cable company in
the area affected by the emergency and overlay a warning message on the
television screen to alert viewers to an impending emergency, no matter which
particular channel they might be watching.
Pelmorex has submitted a proposal to the Canadian Radio -television and
Telecommunications Commission (CRTC) to amend its broadcast license in order to
provide the service and to approve a monthly fee of 13¢ per cable subscriber to
offset significant capital and operating costs. The CRTC process is well underway
and a final decision is expected by late summer.
Initially, the ACA system will broadcast weather-related emergency alerts, as
established by Environment Canada's overall weather warning program. Eventually
other authorized federal government agencies or applicable provincial or municipal
authorities, will be able to access the ACA system to broadcast emergency
messages. Pelmorex acts as a conduit only — authorized government agencies will
determine the content for the messages and to whom they are directed.
An "emergency" is defined as an imminent or unexpected threat to life and property
caused by a severe weather disturbance, natural disaster or other similar type of
emergency situation. Examples are tornadoes, severe thunderstorms, hailstorms,
earthquakes, forest fires, chemical spills and nuclear waste accidents.
The benefits of this type of system are numerous: it is quick, efficient and can reach
a large number of people in seconds; it delivers the message unaltered from the
authorized government agency, therefore is not subject to interpretation; it is
available in both official languages; has national coverage and targets the message
to the local viewing area affected by the emergency.
COUNCIL DIRECTION
`00J1Jtt19 >1n 4t24r26
Federation of Canadian Municipalities
Federation canadienne des municipalites
June 15, 2000
D-11
night This is a great opportunity to honour outstanding IM and IT projects
rector 9 pP ity 9 P I
nArel in your municipality, and the extraordinary people who made them happen!
For entry rules and a nomination ballot, please contact Andrea Walton at
(613) 731-9851, ext. 16, or for a complete nomination kit on-line, visit
www.techg-o_V.com _ --- -� ,
Nominations close on July 14th, 2000, s- o`{&eniyi't
Information and ballot form today. GLtR
ACK. EY ... :
Yours sincerely,
(J361es Knight
Executive Director
24. rue Clarence Street. Ottawa. Ontario K1N 50 _, ..wn..w,. .• b - e
Telephone/Telephone: (613) 241-5221 a Fax/Telecopceur: (61
144,241.-
...u. .
Technology in Government Week
oanneMonaghan
sh Col
sh Columbia
I am writing to invite you to nominate outstanding employees for a
Technology in Government Week Distinction Award 2000, in recognition of
their excellence In the management of Information and Informatlon
technologies in the public sector.
ack Layton
to
Now in its 8th year, the Distinction Awards are an annual celebration
idem
7e presidente
of those extraordinary people who conceive, develop and/or implement IM
and IT projects which produce positive and tangible results. A stand-alone
)hn Schmal
municipal category formally acknowledges the leadership and innovation
erts
demonstrated by the country's municipal governments.
President
ce prAsident
On October 2, 2000, a total of up to three gold medals will be
awarded for Group III, "Innovative Service Delivery in the Municipalities"
--o y9s Ducharme
from within the following population breakdowns: Up to 25,000: 25,000-
iieme vice President
100,000, and over 100,000. In addition, municipal governments can be
iVice President
nominated as a partner with the federal government in Category A2 -
Building Partnerships and Alliances, and under Group IV - Global
x Cam Synard
Leadership, and Group V - Unique Achievement Award. The Federation of
Newfoundland and Labrador
Canadian Municipalities is pleased to participate in this important recognition
tnt
grant
program through this call for submissions and by serving on the awards
Judging panel.
D-11
night This is a great opportunity to honour outstanding IM and IT projects
rector 9 pP ity 9 P I
nArel in your municipality, and the extraordinary people who made them happen!
For entry rules and a nomination ballot, please contact Andrea Walton at
(613) 731-9851, ext. 16, or for a complete nomination kit on-line, visit
www.techg-o_V.com _ --- -� ,
Nominations close on July 14th, 2000, s- o`{&eniyi't
Information and ballot form today. GLtR
ACK. EY ... :
Yours sincerely,
(J361es Knight
Executive Director
24. rue Clarence Street. Ottawa. Ontario K1N 50 _, ..wn..w,. .• b - e
Telephone/Telephone: (613) 241-5221 a Fax/Telecopceur: (61
144,241.-
...u. .
'elebrate
your Municipality -'s
success
Technology in Government Week
IMMY
1110YE11MEMi H[M
October 2-5r Ottawa, Canada
THE 8TH ANNUAL CELEBRATION of EXCELLENCE TN TNM MANAGEMENT
OF INFORMATION AND TECIINOLOGY TN ME PUBLIC SECTOR
0M. MFR 2, 2000
THIS Is your opportunity to r.nnlribute w the rec%mition of outstinding
individuals or le;uns who are helping to renew the way rnunitip:d govern1" 11, da
bwiless, diruugh die use of f)domration lecltuoiogy. Nomilrate dhow whose [trus
:uld eneml, in the past war mutde all innovative idw or program happtu
r" In I"P, dura gold medals were atvardtlJ to die following: Per Nristensum. Cin- of
Nanatmo. BA ish Columbia; Subdnision Backing Module Developmtnt PmttrL
Redesignation and Subdivi:4inn Tricking Applic:uinn Dex loprnent'It arn..Movicipal
District of Rocky 4icw No, 4-i; and aTRAtci (Windsor ENWx Regioned Lihtary
NeMrork?, Whldsor PBblk Lihraru GCfndsor. OnUlriu. '17tis yrrr, np to three lvdd
medals will be awarded to file most (Mit"Illing oliinieilYal iaailillm, fnln) Within the
following popnfatton hreakdowim lip to 25,IIM: 25,tHN1—IIlO,tHN) and nvrr Mom
` The tthillm' will he annuunced durigg'rmlutolup ill 4overnmtro1 Week al die
Distiamin Amanda 2000"oil Octiber 2. 2000, beton an ttHhusautic audic'fnce of
fellow m,wine%, senior golemmem 11Lnigers and fadustls esecntives. The Dislinclitxt
.Awards 20011 Cala is sponsored by thn pril;rte sector to recognize excellence in grnrminent.
FNM 11RlDLLYE FOR 51CNTCIP.1L NOMINATN M LS diRY 14, 2000,
For entry niftx and a nomination hallot, visit nww.techgcwcom, or tnnnirt:
ANDREA WILTON, D1bMCTION AW.UWS 2000, •rECUNCILOGY IN 60113Ii. MENT WnEK
2497 lWidar Aveone, Snite 214, Oft a, Ontario 1111' 8B9
TeE (613) 131-48i1 tat 16 FWr (613) 731-2107 E -mall: harbarL.nOTtme(4zd.cotn
(nnlpirte Nonlinatinn Rid ar.Tilablr. onlinr. sat:
www.techgov.com
TMnI0"11(M WR%WM IsA KCVSMnelA EveMr 0"I(jAk"!PMft'Inc NIM9WIWW— 30I1rIWkWM ImMM.MA G2414•7722
COUNCIL DIRECTION
Department of Corporate Services
File A-2100
June 15, 2000
P. Barrie, Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Re: A Made in Durham Governance Solution
0-12
Cit. Council considered the matter at a meeting held June 12, 2000, and adopted the following
recommendation of the Governance Review Committee:
11
1. That City Council endorse the proposal submitted by the consultant entitled a `Made -in -Durham
Governance Solution' as the approach to governance reform in Durham Region.
2. That all area municipalities, including Durham Region, be requested to participate in this
L. governance process to achieve a made -in -Durham governance solution."
Enclosed a copy of Report GOV-00-06 concerning the above matter.
Your consideration of this important issue is appreciated.
If you need further assistance, please contact John Brown, City Manager, at the address below, or by phone at
436-5622. F' zrNti r"Cl'@
Sandra Kranc
Manager of Support Services
SKJcf
Enc.
C. J. Brown, City Manager
The Corporation of the City of Oshawa
City Clerk Services
50 Centre Street South, Oshawa, Ontario L1H 3Z7
TEL: (905) 436-5639, FAX: (905) 436-5697
tslE" ,�
AM BY
Oshawa Report
Ike Cily In Mofion
To: City Council Item: Date of Report:
GOV-00-06 May 25, 2000
From: Iry Harrell, Chairperson File: Date of Meeting:
Strategic Initiatives Committee A-2100 June 12, 2000
Subject: A Made -in -Durham Governance Solution Ward:
All
1.0 BACKGROUND
Following the Regional Council retreat on governance reform in Durham Region at the Fern Resort
on January 11-12, 2000, Oshawa City Council unanimously passed a number of resolutions on
January 17, 2000 supporting the draft recommendations of Regional Council. The City Council
resolutions:
supported a modified two-tier system of Regional government with a slimmed down Region
acting as an agent of the lower tier;
➢ endorsed the draft position of the Region that supports and encourages potential
amalgamations or governance reform processes;
➢ committed to work with the Region and neighbouring municipalities to develop an action plan
by June 30, 2000 and to work towards a final report by no later than June 30, 2001; and
➢ created a Special Sub -committee of the Strategic Initiatives Committee called the Governance
Review Committee to liaise with the Region, area municipalities, the Greater Toronto Services
Board (GTSB) and the Province on governance issues, and to investigate and develop
governance positions for the consideration of City Council.
The recommendations from the Regional Council retreat were unanimously adopted by Regional
Council on January 26, 2000 and were referred by City Council at its February 7, 2000 meeting to
the Governance Review Committee.
Consistent with earlier direction to the Governance Review Committee by members of Council
supporting the need for the City to undertake a comprehensive response to achieving a made -in -
Durham solution, the purpose of this report is to present a proposal for a consultant to develop a
(made -in -Durham) solution to governance reform (see Attachment No. 1).
2.0 PROVINCIAL POSITION ON 905 RESTRUCTURING
In a letter dated January 25, 2000 from Janet Ecker, MPP to the Regional Chairman, the Province
clarified that no decisions will be made on governance reform in the 905 area until the Province has
reviewed the recommendations coming out of the legislated review of the GTSB expected in early
2001. The Minister's letter clarified that the November election will not be delayed. The letter also
Report to City Council Item No: GOV-00-06
(Continued) - 2 - Meeting Date: June 12, 2000
states that the Minister of Municipal Affairs and Housing "will consider all restructuring proposals
put forward by municipalities and looks forward to receiving them as soon as possible". This is
consistent with the Government's message that governance reform is coming to the GTA.
The Province's reaction to a Niagara Region governance study provides useful insight. Statements
made by the Minister of Municipal Affairs and Housing, as reported in the press, reflect that the
"province won't meddle in (a municipality's) effort to restructure its government — as long as the
process continues in a positive direction. Only where local talks fail to produce any change would
the province step in". The Premier reiterated that "local discussions have to keep going, keep
moving forward".
3.0 NEED FOR A MADE -IN -DURHAM GOVERNANCE SOLUTION
The need for a made -in -Durham governance solution is clear. Without a comprehensive Durham -
wide study of governance reform opportunities, it will not be possible to sufficiently address the
Province's restructuring principles of fewer municipal politicians, lower taxes, better, more efficient
service delivery, less bureaucracy and better accountability.
Change to the governance system is coming. To -date, it has been driven by the Province. The
municipalities of Durham Region now have a limited window of opportunity to be masters in their
own house by concluding on a local governance study.
Some have argued that a realignment of services set within the existing two-tier structure for
Durham, with a Greater Toronto Services Board, is a viable option to pursue. However, no one
knows if that option is the best restructuring option for Durham nor if it would meet provincial
expectations. To avoid being "caught short" and recognizing that there are a number of other
governance possibilities, some of which may be more cost effective and preferable to Oshawa
citizens, it is essential that all options be studied.
The recent public survey undertaken by This Week across Durham's municipalities clearly indicates
that there is strong public interest in governance reform and that citizens want to be included within
the decision-making process. Proceeding with any political pre -chosen governance option would
exclude the public from one of the most significant public policy decisions in the last 25 years.
Oshawa's citizens are entitled to be included through an inclusive process that identifies a full range
of governance options together with an assessment of their implications.
4.0 PROPOSED APPROACH
In lieu of each municipality in Durham undertaking a separate governance reform study or setting in
motion a separate strategy, it would be to the benefit of all of Durham's municipalities if we can
work together on one professional, independent study. Such a study would include opportunities for
public consultation and critically assess the financial, social and political implications of different
governance options for Durham.
Report to City Council Item No: GOV-00-06
(Continued) - 3 - Meeting Date: June 12, 2000
There remains an urgency for all of the area municipalities to consider governance and to move
forward collectively with the information necessary to make informed decisions. To proceed to make
any decision or, through inaction, to cause decisions to be made by the Province in the absence of
full knowledge, and without an opportunity to inform and listen to our citizens, would not be in our
citizens best interest.
Attached to this report is a governance review and process proposed to be undertaken by an
independent consulting firm which could effectively include all municipalities in Durham. It would
provide all municipalities with a professional and independent review and analysis of the governance
options available. The proposal calls for clarification and agreement on the governance options to be
studied, as well as the provincial and local criteria to be applied. A financial analysis would be
carried out for each option. Participating municipal councils will guide the study. The proposal
includes opportunities for public consultation. The cost of the study would be shared on the basis of
weighted assessment or alternative acceptable apportionment of costs.
While representatives of the Region of Durham have, on several occasions, stated that they do not
wish to be involved, assigning the task of developing a response to governance reform to the area
municipalities, Regional Council should be afforded the opportunity to confirm this position or to be
included. Durham municipalities should rise to this challenge by working together to complete a
review of governance reform options hopefully to achieve a "made -in -Durham" solution.
5.0 CONCLUSION
Oshawa Council and Councils throughout Durham have an unprecedented window of opportunity to
. _ impact the very nature of our local government. Not since the formation of the Region in 1974 has
this real opportunity been present. By capturing this opportunity, we can be masters in our own
house. We have the ability to deliver to our residents the best, well researched, carefully thought out
model of future governance that will properly serve our communities well into this new millennium.
The decisions we make today will have a profound impact on the quality of life of our citizens for
years into the future. It remains our steadfast responsibility to engage our citizens in a full review to
allow us to move confidently into the future.
Oshawa's citizens are entitled to be included through an inclusive process which provides them with
all of the information as to the options together with an assessment of their impact.
6.0 RECOMMENDED ACTION
It is recommended:
That City Council endorse the proposal submitted by the consultant entitled a "Made -in -Durham
Governance Solution" as the approach to governance reform in Durham Region.
Report to City Council
-4-
Item No: GOV-00-06
Date: June 12, 2000
2. That all area municipalities, including Durham Region, be requested to participate in this
governance process to achieve a made -in -Durham governance solution.
Iry Harrell, Chairperson
Strategic Initiatives Committee
Attachment
A `Made -in -Durham'
Governance Solution
Durham Municipalities
—Proposal —
May 5, 2000
The Berkeley Consulting Group
380 Esna Park Drive, Ste. 100 Markham, Ontario L3R 1H5
Ph (905) 475-2525 Fax (905) 479-9211
Email: bcRfaberkeleyconsulting.com
Durham Governance Review
Proposal — May 5, 2000 — Page 1,
A Made -in -Durham' Governance Solution
Introduction and Rationale
-he Government of Ontario has established a policy of
estructuring municipal government according to certain
principles.
>pecial Advisors appointed by the Province to recommend
)n municipal structure have applied these provincial
guidelines or principles in Ottawa -Carleton, Sudbury,
iamilton-Wentworth and Haldimand-Norfolk. In three of
lese cases, an amalgamation into a single municipality
las recommended and accepted. The provincial principles
sere used to a significant degree in five other Governance
teviews (Oxford, Muskoka, Waterloo, Niagara and
!aughan) commissioned by the local municipalities
themselves.
There has been considerable activity on the part of a
number of area municipalities in the regions of Halton, Peel
nd York concerning possible restructuring. More recently,
ie Province indicated that it will not likely proceed with any
3structuring efforts in the "905 Municipalities" in the
treater Toronto Area (GTA) until the Greater Toronto
ervices Board (GTSB) completes its review of its role and
nponsibilities scheduled for January 2001.
Province's Governance Principles
• Fewer municipal politicians while
maintaining accessible, effective,
accountable representation,
taking into consideration
population and community
identity.
• Lower taxes by reducing overall
municipal spending, delivering
high quality services at the
lowest possible cost, preserving
voluntarism, and promoting job
creation, investment and
economic growth.
• Better, more efficient service
delivery while maintaining
taxpayer accessibility.
• Less bureaucracy by simplifying
and streamlining government,
reducing barriers and red tape
for business.
• Clear lines of responsibility and
better accountability at the local
level by reducing duplication and
overlap.
here is still a degree of urgency for all municipalities in the 11
'TA to consider governance restructuring. The governance of the GTA with a GTSB or
therwise is one side of a two-sided coin. The role of a GTA body needs to be
onsidered in light of whom its members are. Its members are obviously determined by
OW the 905 GTA area is structured. The right -oproach to GTA -wide coordination and
overnance depends on the structure being -oordinated — is it a few large cities
ormer regions) or Toronto plus 8 to 12 cities? Hence, regional and area municipalities
an only consider their response to the GTSB role and structure if they understand the
ssumptions about how they are governed. This creates the urgency to consider the
ptions for Durham as the GTSB study proceeds.
Ithough these matters — GTA coordination and 905 municipal structuring — may take
me to resolve, the public needs to become educated to the options and the
nplications of those options soon. They need to be effectively informed about the facts
VIM
Durham Govemance Review
Proposal — May 5, 2000 — Page 2.
and implications of making a choice on governance structure in the near future. There
may be value in a referendum in the fall municipal election for example. To be useful,
that public debate needs to be informed by some objective information about the
implications of choosing one structure over another. If developing this foundation of
information is put off, the public debate will be based on bias and speculation, and not
realistic facts and analyses.
Terms of Reference
The terms of reference proposed for a 'Made -in -Durham' governance study are as
follows.
1. To identify and examine the restructuring options for the municipalities of Durham
Region in the specific context of the Region of Durham and the GTSB.
• To assess each option in relation to agreed criteria that recognizes the provincial
principles for municipal restructuring and locally identified criteria. The draft
criteria are described on pages 4/5.
2. To educate the public about the options and their assessment, and using that base
of information, seek and receive feedback from the public and key stakeholders on
the issue of governance in Durham.
I•.
3. Based on this evaluation, to recommend a preferred option and make any additional
relevant observations and recommendations.
approach — A Core Review for Participating Municinalities
Ne have developed a core review which municipalities can choose to participate in and
support financially. This review will provide a professional, independent report
assessing the governance options. As well, Durham Councils will want a sound
>rocess that provides opportunities for informed consultation and input from their
;itizens that can support decision-making in this very critical area. Some municipalities
night also decide to commission additional public consultation and input.
fence, the approach is to meet these requirements for the core review and offer some
additional flexibility to meet each participating municipality's individual needs.
Sound and comprehensive current information about the implications of the final
option in terms of all of the evaluation criteria, bearing in mind the Province's
restructuring principles.
A process that, based on objectively developed information and facts, educates the
citizens of all municipalities in Durham concerning the options available and the
implications, including the strengths and weaknesses of those options.
VIM
Durham Governance Review
Proposal — May 5, 2000 — Page 3.
A process that creates public awareness of the restructuring options under review.
A consultative process that allows the key stakeholder groups and communities to
comment meaningfully on the options.
Aunicipalities participating must be assured that in reaching conclusions the consultants
are objective, thorough and consider quantitative and qualitative factors from all
)erspectives including elected officials, key community, business and labour
)rganizations, and the citizens of Durham municipalities.
Therefore the criteria used in the evaluation, need to be agreed by the client group — a
Troup representing all participating municipalities — and satisfy the provincial
estructuring principles.
%ey k:omponents of the Review
"his process will feature consultation with, and input from, the participating councils and
he public. We have built in initiatives to create awareness and involvement. dere are
Ie key components of the process.
• Public Release of Options and Criteria Paper — The first Options Paper will
briefly outline the study process, describe the restructuring options for the review
and identify the criteria to be used to evaluate them. The media will receive the
options paper as a way of increasing the public's awareness and interest in the
governance issue. This will happen early in the project.
Public Release of Draft Options Evaluation Report Paper — The second
document will have the final 'short list' options with an evaluation with respect to the
agreed criteria. It will be released to each Council first and then to the media and
public. We expect this will be done by late August/early September. This report
could also be placed on municipal websites as part of the process.
Public Consultations — The public and organizations representing
citizen/ratepayer groups, business, community groups and labour will be invited to
submit their feedback on the Draft report. A special Council meeting will be held in
each participating municipality so that Councils can hear reaction directly from the
public. The consultants will be available to present the report and comment on
questions.
Final Report to Councils — The consultants will present their final assessment of
options together with all substantiating analysis/research and recommend a
preferred governance structure.
Durham Governance Review
Proposal — May 5, 2000 — Page 4.
-aken together, this represents a significant opportunity to educate the citizens and to
)btain their informed input to such a critical issue affecting the future.
itarter-Kit of Optional Governance
nts
�t the outset, there appear to be five options, listed below, that might be considered for
'clusion. These options assume existing municipal boundaries as a point of reference
my and should not be considered to be the final boundary alignments for any proposed
ew municipality. While this is simply a 'starter -kit' list, we will encourage a narrowing of
ptions to keep the complexity and costs of the study in check. (A 'Status Quo' option is
nlikely to meet the Provincial Principles.)
UniCity — Amalgamation into one tier of all or most of Durham.
Two Cities, North/South — One southern urban lakefront municipality and a
northern rural city.
Two Cities, East/West — Pickering, Ajax, Uxbridge; Whitby, Oshawa, Clarington,
Scugog (Brock to be included as appropriate).
• Three Cities — One rural northern/eastern municipality; one combining Ajax and
i Pickering; and a third joining Whitby, Oshawa and some or all of Clarington.
Modified Two Tier — Essentially the status quo with some modifications in number
of elected officials and responsibilities for service delivery. This is consistent with
the Regional Council's resolution (January 26, 2000) that formally endorsed the
direction of the Regional Council Study Retreat at Fern Resort in early January.
Taft of Criteria/Evaluation Indicators
i judge a governance structure, one needs to look to its overall purposes. Our draft
iteria framework suggests four criteria. The first three are about the aims of
wernance and the fourth concerns feasibility of change. For each of these four criteria
eas, we show the indicators to be used in the evaluation process. The points made
thin the provincial principles are encompassed within these criteria.
Durham Governance Review
Proposal — May 5, 2000 — Page 5.
1. Clear and Cost-effective System of Political Accountability
and Representation
A governance structure needs to provide the taxpayer with clear access to decision -
makers and ensure that the decision -makers are accountable for their decisions.
Taxpayers need to understand who does what, otherwise access is meaningless
and accountability will be confused. Finally, the political system needs to be cost-
effective. Enough representation is enough. Too many elected officials and too
many decision-making bodies make the structure more costly and it does not
necessarily improve accountability. It may even confuse it.
Criteria #1: Evaluation Indicators
• Clarity of Accountability
➢ Limited duplication or overlap in services/functions.
➢ Elected officials and bodies responsible for governance (decision-making) roles.
➢ Few special purpose bodies and size of budgets covered by such bodies.
• Adequate re resentation of all local communities.
• Communities of Interest — Jurisdiction includes communities with some common
interest and relevant boundaries.
• Cost-effective elected representation — Number and Cost of Elected Officials.
2. Scope and Size for Strategic Effectiveness and Sustainability
A critical component of governance is the formulation of strategy and establishing
policy and direction for growth and development. Hence, the entity needs the ability
to plan and create growth, and deliver and maintain infrastructure/services. To do
that, it needs the right geographic scope of influence, appropriate responsibilities
and adequate population and fiscal size to do that realistically.
• Size for Sustainability
➢ Assessment — weighted assessment relative to services load, growth and
balance of residential to commercial/industrial.
➢ Reserves — level of net reserves relative to future needs if known.
• Scope fits Growth Strategy and Quality of Life Goals
➢ Given growth strategy, scope provides tools to influence/facilitate strategy.
Integration of key functions/policy tools to affect broad quality of life from social
wellbeing to economic, from preservation of heritage and environment to
Durham Governance Review
Proposal — May 5, 2000 — Page 6.
3. Cost and Value of Services for Taxpayers
An appropriate governance structure can lower the cost of government by allowing
for cost efficient service delivery. It can also promote the provision of valued
services that are seen to be worth the taxes or fees paid. With the opportunity to
realize economies of scale, the potential for cost efficiencies is increased.
Diseconomies of scale must also be considered.
• Cost level
Estimated savings from restructuring.
Risks — range and probability of increased costs from wage and service
harmonization and loss of volunteers.
Services aligned so that relevant economies of scale can be achieved.
y Responsibilities not duplicated or overlapped
• Value —Services delivered so that local preferences can be accommodated re
what is valued and what can be afforded_
4. Fair and Beneficial Impacts of Change
The implementation impacts of the change need to be considered. The specific
I impacts in each municipality on taxes and services need to be positive overall and
not excessively unfair or damaging. This means, one needs to consider:
• Changes in average tax rates.
• The differential change in taxes among municipalities.
• Risks of excessive service and cost increases are contained.
• Potential service changes are acceptable.
_...—..� nom• �•ownuvn marcaiors
• Fair Tax Impacts.
• Projected tax changes with no savings.
• PmicMn.1 f.,.. ..r.....___.....� _ _..
• i ransition Risks and
• Service Chances .—
Our Core W
— A Four
Process
Durham Governance Review
Proposal — May 5, 2000 — Page 7.
Fhe core workplan is described in four steps over four and one-nalf months. The
fraphic below depicts the process.
June July August
Options EReport
ons
Documents Paper ation
Consultant O Organizes ID Technical a
Workplan Framin Financial Analyses
O�tlonal Public Survey_- - , _
Mministrative Coordinating Committee
September
consultation with
ft Report
October
Final
Report
O Report
Pre aration
Ahough the consultants will be accountable directly to Councils for their deliverables,
le suggest the formation of an Administrative Coordinating Committee with the CAOs
r designate from each participating municipality. The role of this Committee would be
coordinate and clarify the administration of the review in terms of invoicing approval,
ionitoring timetable, arranging logistics of meetings and communications, ensuring
onsultants are receiving information and cooperation, communicating feedback from
ach of the Councils on documents and issues. The Committee will meet with the
onsultants at least once during each step of the review.
Up One: Organizing and Options Paper (June 1 – June 10)
he first step involves getting organized, developing an initial Options Paper to create
wvareness within the public and establishing a starting point to get response from
ouncils.
Kick-off meeting of Administrative Coordinating Committee to confirm plans, initial
options list and criteria.
Collect initial information.
Durham Governance Review
Proposal — May 5, 2000 — Page 8,
Prepare Summary Options Paper describing the RevieWs purpose, process,
spectrum of options, and evaluation criteria to be used.
Release Options Paper to Councils for endorsement as a discussion document, and
approval of criteria for use in next step.
Step Two: Technical and Financial Analysis (Mid -June to late
kugust)
fhe second step is the critical component of this study. We will develop the facts about
he implications of optional governance structures. In some cases, depending on the
nformation provided and available, we will rely on experience elsewhere and
assumptions based on our knowledge and experience of municipal administration and
services.
Define information requirements and request information from municipalities. We
will require the support from CAO offices in this effort.
Review external research including four Special Advisors Reports and resultant
legislation, and studies in Vaughan, Muskoka, Niagara, Oxford, and Waterloo.
• Meet senior management including Treasurers re information needs re 1999 FIRS.
• Work with senior staff of participating municipalities re technical opportunities for
cost savings.
• Information gathering from region and municipalities.
Financial analysis on cost savings.
Modeling for tax shifts analysis.
Risk assessment re harmonization — compensation survey on benchmark jobs.
'he deliverable from this step will be the Draft Options Evaluation Report. We expect to
Blease it late in August.
Prepare Draft Options Evaluation Report.
Discuss Draft with Administrative Coordinating Committee.
Finalize Draft Options Evaluation Report and release to Councils.
►tep Three: Consultation on Draft Report. (September 5 to 29)
Council -facilitated public session, including a presentation by the consultants at a
special council meeting, to hear feedback on the Options Evaluation Report in each
municipality.
Receive feedback and comments from senior municipal staff on technical
assumptions and analysis.
Submissions from interested organizations and groups will be encouraged. The
consultant team will review these.
Durham Governance Review
Proposal — May 5, 2000 — Page 9.
The Administrative Coordinating Committee may arrange other forms of receiving
Public input, as considered appropriate by each Council.
Step Four: Report Preparation (planned release mid-October)
Update financial and related analysis of short list options.
Prepare the final report which shall include:
> Outline of purpose and the process including criteria.
> Options considered.
> Summary of public input.
Evaluation of options.
> Recommendations.
he final report will be released to the Councils. If desired, the consultants can formally
resent the final report at a meeting with representatives of the participating
iunicipalities.
he dates are preliminary and can be adjusted.
Beyond the core review program, there are additional options municipalities may
^onsider that will increase the cost. None of these is required to successfully fulfill the
bjectives of the core review — they are optional.
An Optional Survey of Public Knowledge Attitudes and Views — The collective
group of participating municipalities may decide to add a public survey to the core
review. A telephone survey of 400 adult residents of the region could be conducted.
Participants will be randomly selected producing a margin of error of about 5%+/- 19
times out of 20. The survey will cover knowledge of which level of government now
does what, attitudes about accountability, access and service from different levels of
government and opinions about options governance structures.
If this option is chosen, consideration has to be given to the timing of this step.
Should opinions be solicited before or after the Options Paper or the Draft Report?
If this is approved, we will develop questions and format and obtain client approval
before implementing the survey.
The cost of any public attitude and opinion survey would be additional. The
participating municipalities would decide the numbers surveyed over the region and
in their municipality. For example, we have estimated that a 400 -person telephone
survey would require about $20,000. The costs will be shared on a fair
apportionment based on numbers in each municipality or weighted assessment.
Durham Governance Review
Proposal — May 5, 2000 — Page 10,
Additional Local Input and Consultation — Individual municipalities may wish to
have more consultation with their local councils, citizens, organizations and
management/staff/labour representatives. We have provided for one public Council
session in each municipality. Any additional consultation sessions can be arranged
and the costs would be additional. Such additional consultation in each municipality
will be charged to the individual municipality.
Che
Team
'he diagram below shows our team and the relationships. As noted earlier, the
onsulting team will liase with the Administrative Coordinating Committee relative to the
)gistics and administration of the contract approved by Councils.
Councils)
TBA
-_j Research Consultant
Vicky Telycenas & Sharon M
Consulting Support
Team &
Team Assionments
Governance—Lionel Feldman
Finance — Evan McDade, C.A,
GrantThornton
Peter Tomlinson
Services — Diane Semon
Caryl Arundel
Becky Taylor
Research Advisor—Dr. A Sancton
Public Survey (Optional) —
John DeMarco,
Summit Strategy Group
-le Berkeley Consulting Group is an independent Canadian partnership that operates
a network of associates and concentrates on strategic change management using
isiness management know-how adapted for the pubic and voluntary sectors.
erkeley is an affiliate of The Rensselaerville Institute (TRI), a non-profit organization
cusing on voluntary and public sector development, innovation and outcome
anagement.
'hen Berkeley was founded in 1986, its theme statement was "helping senior
anagement take their organizations through strategic transitions". Berkeley has
weloped a special interest in applying private sector management practices within the
Iblic sector. In doing so, we have a view that while business practices may be
ZI.
Administrative
Coordinating
..........
Committee"`
r Jim Mackay
�.� Project Director
TBA
-_j Research Consultant
Vicky Telycenas & Sharon M
Consulting Support
Team &
Team Assionments
Governance—Lionel Feldman
Finance — Evan McDade, C.A,
GrantThornton
Peter Tomlinson
Services — Diane Semon
Caryl Arundel
Becky Taylor
Research Advisor—Dr. A Sancton
Public Survey (Optional) —
John DeMarco,
Summit Strategy Group
-le Berkeley Consulting Group is an independent Canadian partnership that operates
a network of associates and concentrates on strategic change management using
isiness management know-how adapted for the pubic and voluntary sectors.
erkeley is an affiliate of The Rensselaerville Institute (TRI), a non-profit organization
cusing on voluntary and public sector development, innovation and outcome
anagement.
'hen Berkeley was founded in 1986, its theme statement was "helping senior
anagement take their organizations through strategic transitions". Berkeley has
weloped a special interest in applying private sector management practices within the
Iblic sector. In doing so, we have a view that while business practices may be
ZI.
Durham Governance Review
Proposal — May 5, 2000 — Page 11.
Istructive, they need to be adapted to the particular circumstances and characteristics
)f the sector whether it is municipal, education, or health.
.oday, with a "network of associates" approach, and linkages with The Rensselaerville
istitute, Berkeley's theme statement is "Collective Wisdom ... Fresh Ideas". With
ierkeley's support, clients lead their organizations successfully through strategic
'ansitions. To do so, we customize consulting teams and methodologies to suit the
lient's situation. Berkeley's competence lies in its ability to bring seasoned associates
)gether as a team to use leading edge methods applied to the client's strategic
hallenge so that results are delivered with high dollar -value and timeliness.
elow we will introduce our team. Involvement of members may vary as requirements
re clarified at the beginning of the assignment. However, no changes will be made to
le core team without client approval. Resumes are attached.
toles of the Team Members
im Mackay, B.A., M.B.A., C.M.C., Managing Partner The Berkeley Consulting
Vroup, will be the Project Director responsible for overset. -Ig all phases of the study
and quality of deliverables. Jim has led major assignments with tight deadlines and
complexities to successful results. With over twenty years experience in consulting in
the public and private sectors, Jim brings together general management, business
analysis skills, organizational structure expertise, and facilitation experience. Jim is an
djunct Professor, Strategic Management at the Schulich School of Business (York
niversity) where he teaches the core Strategy Course in the MBA program.
m's involvement will focus on ensuring that an appropriate range of options is
msidered and that thorough assessment of those options against meaningful criteria is
idertaken.
ionel Feldman, B.A., M.A., will be a member of the core team and technical lead for
unicipal governance. Lionel is an urban management consultant and Senior Affiliated
artner with Berkeley. This association with Berkeley extends back to 1991. Lionel has
I extensive background in municipal consulting across Canada and internationally in
*eas of strategic planning, organizational change, structural reorganization, and policy
ivice to senior elected and appointed municipal officials. Lionel is a recognized expert
the governance field. Recently, he advised the Toronto Transition Team, the Board
the Toronto Housing Company, reorganized the City of Saskatoon, and assisted in
e development of the Strategic Plan for Metro Toronto. Over his consulting career, he
as worked on restructuring of local government in Ontario, across Canada, and in
reece and Turkey. This has involved the establishment of one city of a former
etropolitan area (Winnipeg), two-tier structures (Metro Toronto, Greater Istanbul),
ternate service delivery models (Edmonton) and development of regional
wernments (Greece, British Columbia), as well as individual City restructuring (St.
WPM
Durham Governance Review
Proposal — May 5, 2000 — Page 12.
lohn's, North Bay, Toronto, Saskatoon, County of Strathcona #20 Alberta). Lionel is a
)art -time Associate Professor, Faculty of Environmental Studies (York University).
3ecky Taylor, B.A./B.S.W., M.H.S.A., C.M.C., Senior Associate of The Berkeley
,onsulting Group, will be a member of the core team and lead for consultation. Becky
a co-founder of Berkeley, with over fifteen years of management consulting
)xperience, specializing in organization design and change. Becky's background
icludes both municipal consulting and management; as a management consultant in
'e City of Toronto's in-house management consulting division, and as a regional
lirector in Toronto's Public Health Department. She has worked extensively within
iunicipal settings. Becky was a key consultant on Berkeley's administrative review of
ie City of North Bay and the strategic plan for the CCAC of Simcoe County.
Andrew Sancton, B.A., B.Phil., D.Phil., an independent consultant, will serve as
search advisor on municipal consolidation. Andy specializes in the areas of municipal
tructure and organization, restructuring in the public sector. He recently published a
aper on Amalgamation Mania, which provides a broad review of amalgamation savings
i many jurisdictions. He is recognized nationally and internationally as an authority on
Canadian local government. From 1982-1986 and 1992-1995 he was a Member,
federal Electoral Boundaries Commission for Ontario on appointment by the Speaker of
the House of Commons. Dr. Sancton is a Professor, Department of Political Science,
University of Western Ontario. From 1986 to 1992 and 1993 to 1999, he was Director
of the Local Government Program, at Western.
eter Tomlinson, B.A., Ph.D., ATMA, a member of the core team will play a key role in
ie assessment of options from a financial and economic perspective. He will also be
ie technical expert for planning and development functions. Peter is a member of the
ity's Business Reference Group, an advisory body developing recommendations to
ouncil on property tax reform. He is also a member of the International Property Tax
stitute. As Sessional Lecturer in Economics at the University of Toronto, Mr.
omlinson has taught urban economics courses since 1977.
iane Semon, B.A., M.A., will support the technical analysis in 'hard' services including
)ads, emergency services, parks, and utilities. Diane's background is grounded in her
<perience with Firestone corporate headquarters. She has applied her operational and
lalytic skills in municipal corporate planning and studies such as the ambulance
,rvices in Metro Toronto. As a Berkeley associate over the past two years, she has
aen a lead consultant supporting Toronto CityHome and subsequently the Toronto
ousing Company.
aryl Arundel, B.A., M.Sc. (Planning), will support the technical analysis in the 'soft
�rvices' i.e. social services and public health, and social housing. Caryl has an
ctensive background in municipal social service and housing management in Toronto.
Durham Governance Review
Proposal — May 5, 2000 — Page 13.
Recently she has supported a number of Berkeley's assignments including the alliance
cetween MTHA and the Toronto Housing Company.
Evan McDade, B.B.A., C.A, C.B.V., Partner, Grant Thornton, will provide advice on the
`inancial evaluation of costs and tax impacts. Evan has been engaged in development
:)f alternative financial models and their analysis for municipal restructuring, most
ecently for the City of Port Colborne, and has done extensive work related to Municipal
Electric Utilities in Ontario.
John DeMarco, B.A., M.Phil. Summit Strategy Group, an associate of Berkeley will
assume responsibility for the public attitude survey if it is commissioned. John has been
nvolved in conducting and applying market and public opinion research for over twenty
/ears. John works in the private and public sectors and among his clients in the public
Sector are governments and community-based organizations.
Dicky Telycenas, Manager, Client Services and Sharon Matchim, our Consultant
Support Assistant will support the project in terms of logistics, liaison and
tocumentation support. This is a key requirement in a project with such tight timelines.
3erkeley has a professional and high performance team to support this effort to which
past clients will attest.
and Experience
3erkeley serves a broad sector of provincial, municipal, human services and selected
)rivate sector niches. In these fields we are typically involved with strategic change or
estructuring. Some examples of that breadth is included below.
Niagara Restructuring Governance Review — A review of the governance options
for the twelve municipalities and regional government in Niagara recently completed.
Amalgamation of Public Health in Toronto — Supported the new senior
management team develop organizational and budget plans for amalgamating six
departments into one, subsequent to the Toronto amalgamation. (1998)
Housing Amalgamation Plan for Housing Companies in the New City of
Toronto — Facilitated the development of a plan to amalgamate Cityhome and
Metro Home, including vision/mission, organization blueprint, governance and
accountability, transitional structures as well as fast track savings. (1998)
Alliance Plan for the Metro Toronto Housing Authority and Toronto Housing
Company – Facilitating (current) the development of a gameplan for working
toge -9r between the Provincial Housing company (MTHA) and the municipal
housing company (THC). (ongoing)
Scenario Planning and Strategic Planning across Hospital, Health and Human
Services — Simcoe County Community Care Access Centre, Rouge Valley Health
Alliance, CMHA Ontario. (1998 -ongoing)
Durham Governance Review
Proposal — May 5, 2000 — Page 14.
Town of Smith Falls Merger Assessment — Berkeley was contracted jointly by
the Town of Smith Falls, Smith Falls Hydro, and the Smith Falls Water Commission
to conduct an assessment of organizational options, relating to possible
amalgamation of utility services. (1994)
Organization Review of North Bay — As well as recruiting a new CAO for Council,
Berkeley undertook an organizational review that proposed finding opportunities to
grow municipal functions and operations in the area to remain sustainable. (1996)
Administrative Review of the City of St. Catharines — Berkeley reviewed the
administration of the City municipal government and provided recommendations
(rega4rding potential changes to departmental structure and process improvements.
GTA Transit Integration — Berkeley developed organizational design
recommendations to operate a Federation of Local Transit Operators for the
municipalities in the Greater Toronto Area. This included developing governance
and organization models, testing them with stakeholders, and facilitating the
development of a consensus as part of the overall restructuring occurring in the
Toronto area. (1995)
Governance, Organization & Directions for Toronto District Heating
Corporation — A review of governance and organization and the development of
corporate strategic directions. (1997/98)
• Joint Provincial/Metro/Local Committee to Establish a Review of Local
Governments — Berkeley Consulting facilitated a politician/staff group develop the
terms of reference for a review of governments in Metro Toronto, leading to a
proposal to include the GTA in the review. (1994)
Toronto Transition Team — The administrative and council governance structure
for the New City of Toronto was developed for the City Chairman and team. (1997)
Methodological Support for Streamlining of Parks & Recreation City of
Toronto — Berkeley provided methodological leadership to assess the
management and administrative economy and effectiveness of the City of Toronto's
Parks & Recreation Department. (1994)
Haldimand-Norfolk, Regional Organization — Berkeley conducted an
organizational review of all departments within the organization, and the corporate
structure. (1993)
York, Regional Administrative Review — Berkeley undertook a review of the
Regional Government that included the structure and operation of the Council, its
committees, the CAO and senior management, as well as the overall department
structure.
part of our experience, Berkeley has an extensive base working with community
ganizations, and with community planning groups. Community, consumer and
akeholder consultation is typically a key aspect of all of these projects:
Tri -County Collaborative Planning Process for Agencies in Developmental
Services — Recent work with nine Tri -County (Peterborough, Victoria County and
Durham Governance Review
Proposal — May 5, 2000 — Page 15.
Haliburton) agencies to identify areas for collaboration to improve the local system
for people with developmental needs.
Restructuring York Region �i Social Services System — Berkeley facilitates he
development of a new model for restructuring the social services system recently.
Long Term Care System Design for District Health Councils — Supported
various DHCs (Metro Toronto, Renfrew County, Rideau Valley, Halton, Peel) lead
community consultations on organization design of long term care system.
F he above includes some of the Berkeley Consulting Groups' recent local government
experience. In addition, some recent restructuring experiences of our consulting
associates are also relevant:
Andrew Sancton: City of London — Restructuring (1993); Greater Toronto Area
Task Force (Golden Report); Advice on alternate structures (1996); City of Toronto —
assisted in evaluation of the provinces Megacity proposals (1997); City of Westmont
— Review of restructuring in Liberal democracies (Canada, United States, Britain,
New Zealand) (1999).
Peter Tomlinson: Town of Newmarket — possible restructuring of York Region
(1999); Town of Markham — a report on a three -city option for possible restructuring
of York Region (1999); City of Toronto — headed an internal team on the effects of:
downloading CVA and the financial impact of amalgamation (1996-1997).
References for The Berkeley Consulting Group
)ur references will attest to our commitment to quality and client satisfaction.
ack Burrows
4ayor of North Bay
705) 474-0400
Ilan Wells
:AO, York Region
905) 731-0201
)oug Barnes (re TDHC)
ADM, Ministry of Environment
416) 314-0310
)hirley Hoy
;ommissioner, Community and Neighbourhood Services Department, City of Toronto
916)392-8302
Durham Governance Review
Proposal — May 5, 2000 — Page 16.
Estimate for Core Review
Budget for the Core Review with Full Participation
Ne have costed the core workplan for the review as a basis for our estimate. For
)udgeting purposes, we have assumed that the Region and the eight local
nunicipalities will participate. The consulting days associated with each step are
>utlined below.
he Berkeley Consulting Group typically establishes a blended per diem rate for each
project. In this case, recognizing the number of seasoned consultants involved, a
blended rate of $1,260 per day (seven hour) is required.
In addition, expenses are charged for disbursements such as long distance, mileage
1.35 per km.), copies, couriers, reasonable meals and accommodation where
ecessary, and related out-of-pocket expenses. Meeting costs, i.e., coffee,
>freshments, space and advertisements for meetings, and bulk copying of
aports/papers are the responsibility of the client. We estimate costs to be as follows:
,voices will show breakdown by expense category. Back up documents are available
,r verification.
ence the proposed maximum budget for the core review with full participation is
125,000. Applicable taxes like GST are additional on invoiced fees and expenses.
udget Assuming Different Numbers of Participating
[unicipalities
i
Durham Governance Review
Proposal — May 5, 2000 — Page 17.
'he main impact tc any budget reduction is dependent on the number of municipalities
,articipating. If fewt�� municipalities decide to participate, we will be able to reduce our
vel of effort somewnat. The specific reduction in effort derives from one less council
ublic consu,-.3tion (3 members of team present), fewer public/organization submissions
review, ano less direct contact with staff in the technical analysis step. We estimate
ie reduction to be about 4 days per municipality or approximately $5,000.
.o reflect this, we have estimated the total budget to be as follows depending on the
umber of municipalities participating.
Number of Participating
Durham Municipalities
Total
Budget
M
�
OEM N
#1 oil
WHE
• H
s ell
X11
We are assuming that the costs of the core workplan will be assumed by the
participating municipalities on some equitable basis (e.g., weighted assessment)
raflecting ability to pay.
'ontractual
ur customary practice is to request a commencement payment of 2E7% of the total core
fidget. Further invoices would be tendered on deliverables or submitted monthly for
ayment net of commencement.
voices are to be paid within 30 days without penalty or interest of 2% per month for
itstanding balances will be applied.
i Conclusion
le look forward to working with the municipalities in Durham to create and assess the
)tions for governance structures that will serve the public in the new millennium.
MUNICIPALITY OF
larington
ONTARIO
REPORT N1
REPORT TO COUNCIL MEETING OF JUNE 26, 2000
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, JUNE 19, 2000
RECOMMENDATIONS:
I• RECEIVE FOR INFORMATION
a) Report TR -37 -00 - Supplier Information Night
b) Report FD -09-00
L-
c) Report WD -29-00
2.
3
- Monthly Fire Report - May, 2000
- Monthly Report on Building Permit Activity
for May, 2000
FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION
(a) Report TR -40-00 -
(b) Report ADMIN -17-00 -
Quotation Q2000-2, Rink Board Signs
Connect Ontario Grant Program
(c) Other Business Correspondence from Ms. Dawn Vale re:
Community Festival
DEVELOPMENT CHARGES STUDY AND BY-LAW 2000
THAT Report TR -36-00 be tabled for two weeks to allow for staff to respond in
writing to all the concerns raised at the Public Meeting,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON i
40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO • L1C 0A6 • (905) 620.7779 • FAX 6234169
WEBSITE. www.muniupality. clanngtpn.on.ca •chum..
Report #1
2 - June 19. 2000
4. AMENDMENT TO THE DURHAM REGION OFFICIAL PLAN
APPLICANT: JOE DOMITROVIC
THAT Report PD -059-00 be received:
THAT the Region of Durham Planning Department be advised that the
Municipality of Clarington recommends approval of the application to amend the
Durham Regional Official Plan (ROPA 99-013) as submitted by Joe Domitrovic
provided that he meets all of the municipal requirements;
THAT the Rezoning and Clarington Official Plan amendment process be initiated;
THAT the Region of Durham Planning Department be forwarded a copy of
Report PD -059-00: and
THAT all interested parties listed in Report PD -059-00 and any delegation be
advised of Council's decision.
5. FENCING OPEN SPACE LANDS
THAT Report PD -060-00 be received;
THAT the Municipality's standard subdivision agreement include the requirement
that 1.2 metre (4 ft.) high galvanized chain link fencing be installed on lots
abutting open space areas;
THAT the requirement for fencing of open space lands be applied to all future
phases of plans of subdivision which have been draft approved;
THAT the Municipality's standard site plan agreement include the requirement that
1.5 m (5 ft.) chain link fencing be installed along the boundaries of commercial or
industrial development abutting open space areas, subject to variance by the
Director of Public Works and Director of Planning and Development where
appropriate; and
THAT all interested parties listed in Report PD -060-00 and any delegations be
advised of Council's decision.
Report #1 - 3 - June 19. 2000
6. HALLOWAY HOLDINGS LIMITED
REZONING APPLICATION AND AMENDMENTS TO DRAFT
APPROVAL
PART LOTS 11 AND 12, CONCESSION 2, FORMER TOWN OF
BOWMANVILLE — LONGWORTH AVENUE AND HIGH STREET
THAT Report PD -061-00 be received;
THAT the draft approved Plan of Subdivision 18T-82037, as revised and dated
October, 1999 as per Attachment #2 to Report PD -061-00 be approved subject to
the conditions of Draft Approval as set out in Attachment #4 to Report PD -061-00;
THAT the draft approved Plan of Subdivision 18T-87087, as revised and dated
November, 1999 as per Attachment #3 to Report PD -061-00 be approved subject
to the conditions of Draft Approval as set out in Attachment #5 to Report
PD -061-00;
THAT application DEV 98-068 submitted by G.M. Sernas and Associates on
behalf of Halloway Holdings Limited to amend Comprehensive Zoning By-law
84-63 of the former Town of Newcastle, as amended, be approved and that the
amending by-law be forwarded to Council for approval;
k
THAT the Mayor and Clerk be authorized, by By-law, to execute the amending
Subdivision Agreement between the Owner of the revised Draft Plans of
Subdivision 18T-82037 and 18T-87087;
THAT a copy of Report PD -061-00 be forwarded to the Region of Durham
Planning Department; and
THAT a By-law to remove the (H) Holding symbol be forwarded to Council once
the applicant has entered into the amending subdivision agreement (s) with the
Municipality.
DECLARATION OF SURPLUS PROPERTY
LOTS 61,62 & 63, PLAN HAYDON — PART 4, IOR 1131
PT. LOT 14, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON
THAT Report PD -062-00 be received; and
THAT Council declare the property identified as Lots 61, 62 and 63, Plan
Haydon, Part 4, 10R 1131, as surplus and offered for sale.
Report It 1
- 4 - June 19. 2000
8. AMENDMENT TO APPOINTMENT BY-LAW
THAT Report CD -26-00 be received; and
THAT Schedule "A" to By-law 99-152, being a By-law to Appoint a By-law
Enforcement Officer, be amended to replace the list of Park Wardens with a new
list of current officers.
9. MUNICIPALITY OF CLARINGTON'S COAT OF ARMS
THAT Report CD -27-00 be received;
THAT the current coat of arms of the Municipality of Clarington be modified by
adding a collar to the white horses, such collar to include a trillium and an apple
blossom; and
THAT the Municipal Clerk proceed with the process of having the coat of arms
granted by the Chief Herald of Canada.
10. PARKING ENFORCEMENT REPORT FOR THE MONTH OF MAY 2000
THAT Report CD -28-00 be received for information; and
THAT a copy of Report CD -28-00 be forwarded to the Bowmanville Business
Centre for their information.
It. ANIMAL SERVICES MONTHLY REPORT
FOR MONTH OF MAY 2000
THAT Report CD -29-00 be received for information; and
THAT a copy of Report CD -29-00 be forwarded to the Animal Alliance of Canada
and the Animal Advisory Committee.
12. PROPOSED FENCE BY-LAW
THAT Report CD -30-00 be received; and
THAT the Fence By-law attached to Report CD -30-00 be forwarded to Council for
approval.
Report #1 -5
June 19. 2000
13. THREE HOUR FREE PARKING - DOWNTOWN BOWMANVILLE
WHEREAS the parking lots in downtown Bowmanville have been designated as
free parking on an experimental basis;
AND WHEREAS the experiment has been successful by all accounts:
AND WHEREAS the free designation was requested by the Bowmanville BIA to
give them some level of equality with the east and west end developments:
NOW THEREFORE BE IT RESOLVED THAT the downtown parking lots at
Division and Church Streets (north and south sides), the lot on Silver Street and a
new lot at 20 King Street be designated as three hour free parking on a permanent
basis and that the BIA be so notified.
14. TRANSFERS TO RESERVE AND RESERVE FUNDS -
YEAR END 1999
THAT Report TR -29-00 be received; and
THAT the transfers to the Reserves/Reserve Funds identified in Report TR -29-00
be approved.
15. ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE
FUNDS FOR THE YEAR ENDED DECEMBER 31. 1999
THAT Report TR -38-00 be received for information: and
THAT a copy of Report TR -38-00 be sent to Linda Gasser for her information.
16. CASH ACTIVITY REPORT -JANUARY, 2000
THAT Report TR -39-00 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 January 31, 2000, is as shown on
the schedule attached to Report TR -39-00; and
THAT Part "A" of the expenditures for the month of January 2000, be confirmed.
Report #1
- 6 - June 19. 2000
17. BY-LAW 90-178 — OPEN AIR BURNING
THAT Report FD -10-00 be received:
THAT open air burning in the Municipality of Clarington continue to be
restricted, in accordance with the Municipality's By-law;
THAT By-law 90-178 be amended in Paragraph 1 by adding the words "unless
approved by the Fire Chief or his designate" after the words "open air"; and
THAT By-law 90-178 be further amended by deleting Paragraph 2(a) and
replacing it with "small confined fires. supervised at all times and used to cook
food on a grill or barbecue."
18. CANADA DAY 2000
THAT Report CS -11-00 be received;
THAT parking fees for Orono Park be waived on July I" (Canada Day); and
THAT Mr. John Fletcher be advised of actions taken.
19. INTERSECTION SAFETY REVIEWS — DARLINGTON/COURTICE;
NASH ROAD AT HOLT ROAD, NASH ROAD AT GREEN ROAD,
NASH ROAD AT SOLINA ROAD, TRULLS ROAD AT PEBBLESTONE
ROAD, AND NASH ROAD AT TRULLS ROAD
THAT Report WD -20-00 be received:
THAT an all -way stop be introduced at the intersection of Nash Road and Holt
Road;
THAT streetlights be installed for illumination at the intersection of Trulls Road
and Pebblestone Road _ _ring 2000;
THAT additional pavement marks igs be applied at the intersections of Nash Road
and Holt Road, Nash Road and G; :en Road, and Nash Road and Soling Road;
THAT the Public Works Department and the By-law Enforcement Division
continue to review and enforce the Zoning By-law as it pertains to sight triangles
and intersection safety;
THAT the Public Works Department, Engineering Division, review future policies
regarding utility pole placements; and
Report til
- 7 - June 19, 2000
THAT Durham Region Police be encouraged to provide enforcement of posted 60
km/hr speed limits on Holt Road south of Nash Road and rolling stop violations at
the intersection of Trulls Road and Pebblestone Road, as often as manpower
permits.
20. STAGE 1 REPORT FROM THE PUBLIC WORKS OFFICIALS
"WHO DOES WHAT" COMMITTEE
THAT Report WD -30-00 be received;
THAT the "Who Does What" Service Review - Stage 1 Report from the Public
Works Officials within Durham be endorsed;
THAT the Public Works Officials' WDW Committee be the forum for on-going
review of the roads network (rationalization) and depot locations (optimization) to
provide a periodic evaluation mechanism for these business programs:
THAT the Public Works Officials WDW Committee draft Terms of Reference and
a Request for Proposal document to solicit proposals from external resources to
conduct Stage 11 of this Review;
THAT cost-sharing arrangements between the Region of Durham and Area
Municipalities with respect to funding the proposed Stage 11 of the Review be
explored;
THAT a further report related to Stage 11 issues be brought forward: and
THAT a copy of Report WD -30-00, along with a copy of Council's response, be
forwarded to the Region of Durham.
21. PUBLIC WORKS 2000 BUDGET CAPITAL PROJECTS STATUS
RF.PnAm
THAT Report WD -31-00 be received;
THAT a sidewalk be constructed on the north side of Nash Road between Trulls
Road and Courtice Road and that the sidewalk on the south side of Nash Road be
widened along with the placement of asphalt boulevards to accommodate the high
volume of students and other pedestrians;
THAT funds required to accommodate the projected Nash Road budget overrun be
obtained by rescheduling the Townline Road Sidewalk Project to 2001, by
deferring Green Road and Martin Road surface asphalt until 2001 and by directing
other projected savings from the surface asphalt contract towards the Nash Road
project;
Report #1
- 8 - June 19. 2000
THAT Public Works Staff report back to Council at their June 26, 2000 meeting to
recommend the award of the Nash Road reconstruction project and to provide an
update on the project budget based on the tenders received June 14, 2000: and
THAT Public Works Staff report back to the General Purpose and Administration
Committee after the information centre for the Centre Street project and provide an
update on the project status.
DN: TR -41-00
Meeting
Date
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #2
Council
June 26, 2000
REPORT
Report #: TR -41-00 FILE #:
File #
Res. #
By-law #
Subject: RFP2000-3, ARCHITECTURAL SERVICES — COURTICE COMMUNITY
COMPLEX EXPANSION
RECOMMENDATIONS:
It is respectfully recommended to Council:
1. THAT Report TR -41-00 be received;
2. THAT Thomas E. Brown Architect Inc., Toronto, Ontario with a total bid (including
disbursements) in the amount of $135,000.00 + GST, being the lowest responsible
bidder meeting all terms, conditions and specifications of RFP2000-3 be awarded
the contract for the architectural services for the Courtice Community Complex
Expansion;
3. THAT the total funds required be drawn from Community Services 2000 Capital
Budget, Account #7607-00005-0501; and
4. THAT the attached By -Law, marked Schedule "B" authorizing the Mayor and Clerk
to execute the agreement be approved.
BACKGROUND AND COMMENT:
A Request for Proposal was issued with twenty (20) firms being invited to submit on
providing the Architectural Services for the Courtice Community Complex Expansion.
Subsequently, nine (9) proposals were submitted and tabulated as per Schedule "A"
attached.
As stipulated in the proposal documents, proponents were evaluated based on the
following criteria:
previous fitness apparatus design experience
interior space design experience
previous team experience
team concept/compatibility
problem solving skills
key personnel
ability to communicate
REPORT NO: TR -41-00
working knowledge
overall imp: ssion
in Clarington/Region of Durham
proposed fees and hourly rates
reference interviews
PAGE 2
Based on the above evaluation, the top two firms were interviewed by the selection
committee:
Barry Bryan Associates, Whitby, Ontario
Thomas E. Brown Architect, Toronto, Ontario
The evaluation process also included personal interviews with the proponents previous
clients. This additional step provided a great deal of insight and information with
respect to how the architects performed with respect to problem solving, design
concerns, meeting budgets, communication and compatibility with the owner.
The selection committee consisted of the following staff:
1. Director of Community Services
2. Property Manager
3. Aquatic Facility Manager
4. Purchasing Manager
5. Deputy Director Community Services
6. Community Services Program Co-ordinator
The funds required for the architectural services are included in the Community
Services 2000 Capital Account #7607-00005-0501 and are within the budget allocation
of $200,000.00 as reflected on page 386 of the Capital Budget.
After further review and analysis of the bids by the selection committee, it is respectfully
recommended that Thomas E. Brown Architect Inc., Toronto, Ontario be awarded the
contract for the architectural services for the Courtice Community Complex Expansion.
The Treasurer has reviewed the funding requirements and concurs with the
recommendation.
REPORT NO: TR -41-00
Respectfully submitted,
/ie Marano, H.BSc., AMCT.,
Treasurer
I'liew- �� 4
J. Caruana
Director of Community Services
MM*I.AB'eo
PAGE 3
Reviewed by,
Franklin Wu, M.C.I.P.,R.P.P.,
Chief Administrative Officer
SCHEDULE"A"
BID SUMMARY
RFP2000-3
ARCHITECTURAL SERVICES
COURTICE COMMUNITY COMPLEX EXPANSION
Bidder
Total Bid Amount
Barry Bryan Associates
$127,900.00
Whitby, Ontario
Sievenpiper Associates Inc.
$132,500.00 t
Toronto, Ontario
1
Thomas E. Brown
$135,000.00
Toronto, Ontario
Stafford Haensli Architects Inc.
$145,000.00
Mississauga, Ontario
MacLennan Jaunkalns Miller Architects
$150,000.00
Toronto, Ontario
Lennis Trotter Architect
$175,000.00
Oshawa, Ontario
Totten Sims Hubicki Associates
$177,000.00
Whitby, Ontario
J.R. Freethy Architect
$187,400.00
Bowmanville, Ontario
Sears & Russell Architects Ltd.
$243,000.00
Toronto, Ontario
ILs I Not Included (100% Recoverable)
SCHEDULE "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2000 -
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Thomas E. Brown, Ontario, for the
Architectural Services for the
Courtice Community Complex Expansion
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, a contract
between Thomas E. Brown Architect Inc., Toronto, Ontario, and said Corporation;
and
2. THAT this agreement attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 26'h day of June, 2000.
By-law read a third time and finally passed this 261h day of June, 2000.
Mayor
Clerk
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT 13
REPORT
leeting: Council
File #_
ate: Monday, June 26, 2000
CD -32-00 Res. #
eport #:
By-law #
jbject: VICIOUS DOG DECLARATION - GLASBERGEN
is respectfully recommended to Council the following:
THAT Report CD -32-00 be received; and
THAT the vicious dog declaration served on Frank Glasbergen be upheld.
BACKGROUND AND COMMENT:
Frank Glasbergen occupies space at 71 Mearns Court, Unit 13, Bowmanville and owns an
lult female German Shepherd named "Kat". On April 7, 2000, Mr. Glasbergen's dog bit a
an who works in one of the other units on Mearns Court. The dog was placed under a
:)nfinement Order for quarantine by the Regional Health Department. Mr. Glasbergen's
)g was reported loose during the 10 day confinement period. It was also reported to the
limal Services Officer that Mr. Glasbergen's dog had previously bit someone else prior to
xil 7, 2000 but, because of the time factor, this was not investigated.
n June 1, 2000, Mr. Glasbergen's dog bit another individual and it was again placed under
Confinement Order for quarantine by the Regional Health Department. Animal Services
aff once again received a complaint that, during this confinement period, Mr. Glasbergen's
)g was being kept loose at his shop. Animal Services' staff have copies of both
mfinement orders in their possession.
is noted that the Vicious Dog Declaration only requires an attack, not even a bite, to deem
dog vicious. There is no dispute about the first bite and the next bite occurred less than 8
eeks apart. Please note that Mr. Glasbergen's dog was not licenced in 1999 or 2000.
Report CD -32-00 -2-
June 26, 2000
Mr. Frank'Glasbergen will be addressing Council to appeal the Vicious Dog Declaration on
lune 26, 2000. It is staff's recommendation that the Vicious Dog Declaration be upheld. For
Council's information, a copy of the Vicious Dog Declaration is attached hereto as
Schedule W.
Respectfully submitted,
MKS*PLB*hj
Reviewed by,
Franklin Wu, M.C.I.P.,
Chief Administrative Officer
Interested party to be advised of Council's decision:
Frank Glasbergen
71 Mearns Court
Unit 13
Bowmanville,Ontario
L1C 4N4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CLARINGTON ANIMAL SHELTER
ANIMAL SERVICES DIVISION
Declarationof Vicious Dog to Municipality Clarington ey law99-
90. section 5.1
This Declaration is issued to: Frank Glasbergen
clo F G Services
71 Mearns Court, Unit 13
Bowmanville, Ontario
as owner of a dog described as: Adult female German Shepherd named "Kat"
Black and tan in colour
Unlicensed
An investigation of an incident involving your dog has been conducted by the
Animal Services Division of the Clarington Animal Shelter and it has been
determined that your dog attacked a person on April 7. 2000 and June 1, 2000.
In accordance with Clarington By-law 99-90, you are hereby served with notice
that the dog described herein is declared vicious and you, as owner of the dog,
are hereby required to comply with the requirements of By-law 99-90, a certi
copy of which forms part of this Declaration and is attached hereto. fled
As the owner of a vicious dog, you shall:
1 licence and register the dog with the Clarington Animal Shelter and have
the dog permanently identified by microchip implantation, at your
expense, within 21 days of receipt of this Declaration. You shall provide
proof of such registration to the Animal Services Division within 30 days.
2. notify Clarington Animal Shelter immediately upon relocating the dog or
upon transferring ownership of the dog;
3. restrain the dog at all times. while the dog is on your own property, by
keeping it enclosed in a pen or other enclosure in such a manner as to
Prevent the dog from leaving your property and to prevent contact with
People and other animals;
4. restrain the dog at all times, while the dog is off your own property, with
the use of a muzrJe and a leash no longer than 6 feet and under the care
and control of a person who is 16 years of age or older.
You may apply for a hearing by Council respecting this Declaration by filing an
appeal with the Municipal Clerk at 40 Temperance Street. Bowmanville, Ontario
within ten business days of the date of service of this Declaration.
As a result of the issuance of this Declaration, you are herewith responsible for
ensuring compliance with the provisions of Clarington By-law 99-90. Failure to
do so will result in a prosecution under the Provincial Offences Act, R.S.O. 1990,
Chap. P. 33, as may be amended from time to time. The maximum fine for
offences under this Act is $5,000.00.
Issue Date: June 6, 2000
Issued By: Sheila Elkington, Senior Animal Services Officer
Served On:
Served By:
Date of Service: S✓NE- Jy�
UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File #
Date: Monday, June 19, 2000 Res. #
Report #: Solic-#3-00 By-law #
Subject: AMENDMENT AND IMPLEMENTATION OF THE PRINCIPLES OF
UNDERSTANDING BETWEEN BLUE CIRCLE CANADA INC. AND THE
MUNICIPALITY OF CLARINGTON DATED NOVEMBER 3,1997
1.0 Recommendations:
THAT this report be received.
2. THAT Council rescind its approval of Recommendation #2 contained in Report #PB 005-00
to the General Purpose and Administration Committee meeting on January 17, 2000 whose
report was approved by Council on January 24, 2000.
3. THAT Council direct Blue Circle Canada Inc. to make the transfers of lands and easements
provided for in the Principles of Understanding between Blue Circle Canada Inc. and the
Municipality, as amended be made to the Municipality and that, subject to compliance with
section 193 of the Municipal Act, these lands and easements be transferred to CLOCA.
4. THAT Council approve and pass by-laws to authorize the Mayor and Clerk to execute the
following on behalf of the Municipality:
(a) an Easement Agreement between Hydro One Networks Inc., Blue Circle Canada Inc.
and the Municipality substantially in accordance with the draft Agreement contained
in Attachment No. 2;
(b) a Maintenance and Monitoring Agreement between the Central Lake Ontario
Conservation Authority, Blue Circle Canada Inc. and the Municipality substantially
in accordance with the draft Agreement contained in Attachment No. 3 as amended
in accordance with the letter from Dennis Hefferon to Weir and Foulds dated June
12, 2000 and contained in Attachment No. 4; and
Report Solic-#3-00
June 19. 2000
(c) a Fourth Amending Agreement between Blue Circle Canada Inc. and the
Municipality substantially in accordance with the draft Agreement contained in
Attachment No. 1.
1. Attachment No. 1 - Draft Fourth Amending Agreement
2. Attachment No. 2 - Draft Easement Agreement
3. Attachment No. 3 - Draft Maintenance and Monitoring Agreement
4. Attachment No. 4 -Letters between the solicitors for the Municipality, Blue Circle
Canada Inc. and CLOCA dated June 12, 2000
5. Attachment No. 5 - Map Showing Proposed Closure Area D
2.1 Principles of Understanding ("Principles") dated November 3, 1997 were executed by Blue
Circle Canada Inc. ("Blue Circle") and the Municipality respecting the Westside Marsh, the
closure and transfer of portions of Waverly Road to Blue Circle, the establishment of a
Temporary Public Highway to the west of Waverly Road, the acquisition by the Municipality
of lands and easements required to construct a bridge over the Westside Creek to connect
with Cedarcrest Beach Road and to construct and ultimately dedicate Cove Road (then a
private road) with a connection to the new bridge as a public highway, cost sharing
arrangements between the Municipality and Blue Circle, and a number of other arrangements
including the transfer of the reconfigured Westside Marsh and other lands and easements
either to the Central Lake Ontario Conservation Authority ("CLOCA") or as otherwise
directed by the Municipality. A copy of the Principles is available for your review in the
Clerk's office.
2.2 The background of the Principles, transfers of certain lands and easements, and the
Management Agreement between CLOCA and the Municipality were discussed in Report
#PD 005-00 to the General Purpose and Administration Committee whose recommendation
to approve the Report was approved by Council at the meeting on January 24, 2000.
2.3 Recommendation No. 2 of Report #PD 005-00 provided:
"THAT Council direct 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 this report be made from Blue Circle to
Central Lake Ontario Conservation Authority; and"
Report Solic-#3-00 June 19, 2000
2.4 For the reason noted below, this direction is no longer appropriate and should be rescinded
by Council. Council should direct Blue Circle to make the transfers to the Municipality.
2.5 During the last 9 months, extensive work and negotiations have been undertaken by me and
the solicitors for Blue Circle and CLOCA to prepare necessary legal documentation to
implement the Principles. Also, draft Reference Plans of Survey have been prepared to
describe, for legal purposes, the various lands and easements that are to be transferred
pursuant to the Principles. Draft by-laws required by the Municipal Act in respect of the
closure and authority to convey portions of Waverly Road and the Temporary Public
Highway have been prepared. Notices of a public meeting of Council on July 10, 2000 to
consider road closures, dedications and related by-laws are being published as required by
the Municipal Act. Other draft by-laws are also being prepared to permit the transfer of
lands and easements received from Blue Circle to CLOCA as permitted by the Principles and
the Municipal Act.
2.6 In the course of this work, a number of issues have been raised and ways of resolving them
have been settled in the draft documentation. Amendments to certain provisions in the
Principles are necessary to deal with these matters. Also, it will be necessary for the
Municipality to execute an Easement Agreement between Blue Circle and Hydro One
Networks Inc. (Ontario Hydro) and the Municipality, and a Maintenance and a Monitoring
Agreement between Blue Circle, CLOCA and the Municipality in order to deal with certain
of these matters. The issues that have been raised are discussed below.
3.0 TRANg VEgS OF LANDS An Ay%EM NTC
3.1 As noted above, the Principles now provide that the transfers of lands which include the
Reconfigured Westside Marsh and easements to be made by Blue Circle on the "Closing
Date" of the Principles, are to be made "to CLOCA or as otherwise directed by the
Municipality". The recommendation approved by Council on January 24, 2000 was to direct
Blue Circle to make these transfers to CLOCA rather than to the Municipality. The
management of the lands so transferred will be dealt with in the Management Agreement
(authorized by Council on November 3, 1997) between CLOCA and the Municipality.
3.2 Much of the land to be transferred by Blue Circle pursuant to the Principles has been
mortgaged or charged to collaterally secure a loan advanced by a lender to the owner. The
loan is secured by a debenture for which Blue Circle is legally responsible. In order to
satisfy its obligations under the Principles, the mortgage or charge would have to be
discharged in part as it affects the lands which are to be transferred by Blue Circle so as to
free them from the encumbrance.
Report Solic-#3-00
-4-
June 19, 2000
3.3 In order to address an issue presented by section 50 of the Planning Act and raised by the
solicitors for Blue Circle and CLOCA, it is recommended that the transfers by Bhte Circle
be made to the Municipality, and if the Municipality passes the necessary by-law and
otherwise complies with section 193 of the Municipal Act respecting the sale and transfer
of surplus lands as well as the Principles, the lands subsequently will be transferred to
CLOCA by the Municipality.
3.4 A report will be submitted to Council's meeting on July 10, 2000 respecting the latter
transfers as well as the proposed road closures and authority to transfer portions of Waverly
Road and other necessary by-laws. Governmental fees and taxes payable on registration of
the transfers to the Municipality and the costs of the appraisal required before the lends can
be transferred to CLOCA will be paid by Blue Circle. This is provided for in &&draft
Fourth Amending Agreement (Attachment No. 1) to the Principles discussed below.
4.0
4.1 The conservation as a wetland of the portion of the Westside Marsh referred teW the
Principles as the "Reconfigured Westside Marsh" while at the same time malls the
northerly portion of the Marsh available to Blue Circle for aggregate extraction ptrt"ses,
will require the diversion of the channel of the Westside Creek such that it will en1w the
Reconfigured Westside Marsh near its north-east comer rather than near the north wes;
comer of the present Westside March. The diversion channel will be located on lands with
the Ontario Hydro Transmission Corridor.
4.2 The Principles provide for an agreement to be made by Ontario Hydro and Blue Circle to
provide the construction of the diversion works by Blue Circle on land in which Ontario
Hydro would grant perpetual easements to Blue Circle. Since Ontario Hydro believes that
the easement should be owned by a public body rather than a business corporation, the
Principles provided for the easement to be transferred by Blue Circle to CLOCA foc&with
after completion of construction of the diversion works. The Principles do not now provide
for the transfer of the easements to the Municipality or for the execution of an Easement
Agreement by the Municipality with Ontario Hydro.
4.3 The solicitors for Blue Circle, CLOCA and Ontario Hydro were not able to settle documents
that were acceptable to both CLOCA and Ontario Hydro. A major issue was the extent of
the loss or damage that might be suffered by Ontario Hydro if the diversion works failed or
their construction, repair or use resulted in damage to Ontario Hydro transmission lines or
to its customers. Ontario Hydro was not willing to limit CLOCA's liability in any way.
Also, CLOCA's comprehensive general liability policy has coverage limits which are far less
than the insurance required by Ontario Hydro. Further. Ontario Hydro has continued to insist
Report Solic-#3-00
5 -
June 19, 2000
that after construction of the diversion works. the easement must be transferred to a public
body and not retained indefinitely by Blue Circle after the completion of construction.
4.4 With the assistance of Mayor Harare and the Chief Operating Officer of Ontario Hydro, a
solution to this problem was identified and documented in the proposed Easement
Agreement to which is attached a Transfer of Easement to the Municipality (Attachment No.
2). The Easement Agreement would be executed by Blue Circle, the Municipality and
Ontario Hydro. (The Easement Agreement and the Transfer of Easement collectively are
referred to in this Report as the "Easement Agreement".) The Easement Agreement will
provide for perpetual easements in the diversion area to be transferred by Blue Circle, with
the consent of Ontario Hydro. to the Municipality following the completion of the
construction and installation of the diversion works.
4.5 Under the Agreement despite the transfer of the easements to the Municipality, Blue Circle
will continue to be responsible for repairing and- maintaining the diversion works and for
indemnifying both Ontario Hydro and the Municipality against any loss or cost that the
Municipality may incur as provided in the Easement Agreement. CLOCA will monitor the
maintenance of the diversion works pursuant to the provisions of the Maintenance and
Monitoring Agreement referred to in section 5 of this Report.
4.6 Under the Easement Agreement Ontario Hydro will be able to look to both Blue Circle and
the Municipality for performance of the covenants of Blue Circle respecting the diversion
works. These covenants include a covenant by Blue Circle to indemnify Ontario Hydro
against any loss or cost that it may suffer in connection with loss of life, personal injury or
damage to property caused by or arising the occupancy or use by the Municipality of the
diversion area. Blue Circle will indemnify the Municipality in respect of any cost or loss that
the Municipality may incur under provisions to be added to the Fourth Amending Agreement
which are discussed below in section 6.0 of this Report.
4.7 The Municipality's liability to Ontario Hydro for its own and CLOCA's acts or omissions
will be limited to liability in respect of risks insured against under the Municipality's
comprehensive general liability insurance policy with coverage limits of the greater of $25M
or the limits of the policy held by the Municipality from time to time. The Treasurer advises
me that the coverage limits of the Municipality's comprehensive general liability insurance
will be $30M as of July 1, 2000.
4.8 1 recommend that Council approve the draft Easement Agreement contained in Attachment
No. 2 and authorize the execution of an agreement substantially in accordance with the draft
Agreement.
Report Solic-43-00 June 19, 2000
-6-
5.0 MAINTENANCE AND MONITORING AGREEMENT
5.1 CLOCA will be responsible for monitoring Blue Circle in performing conditions of approval
by Fisheries and Oceans Canada, MNR, and CLOCA itself of the various works required to
be constructed and maintained by Blue Circle in order to implement the Principles. This
includes the construction and maintenance of the Westside Creek diversion works referred
to in section 4.0 of this Report, a dyke (berm) system required to separate the Reconfigured
Westside Marsh from the area of the present Marsh from which aggregates may be extracted,
and the overflow channel, which will ensure that water levels in the Reconfigured Westside
Marsh do not exceed an acceptable level. The present Principles provide for CLOCA's and
Blue Circle's rights and duties to be set out in a Maintenance and Monitoring Agreement
which was to be negotiated and executed by Blue Circle and CLOCA. The Principles at
present do not contemplate that the Municipality would be a party to this Agreement. An
amendment to the Principles to provide for the execution of this Agreement by the
Municipality is contained in the proposed Fourth Amending Agreement.
5.2 Because of the position of Ontario Hydro in respect of the Westside Creek diversion area
discussed in section 4.0 of this Report and the proposed Easement Agreement to which it is
recommended the Municipality execute, it is also necessary for the Municipality to be a party
to the Maintenance and Monitoring Agreement since the Municipality ultimately will hold
the easements in the Westside Creek diversion area pursuant to the Easement Agreement
with Ontario Hydro and Blue Circle.
5.3 The latest (June 15. 2000) working draft of the Maintenance and Monitoring Agreement
between Blue Circle, CLOCA and the Municipality is contained in Attachment No. 3.
5.4 By letter dated June 12, 2000 addressed to the solicitors for Blue Circle. I requested that an
amendment be made to paragraph 6(a) of the working draft to clarify that the Municipality's
financial responsibility under the Agreement was limited to fund repairs and maintenance
of the diversion works on the Ontario Hydro lands and not to fund the repair or maintenance
by CLOCA of works on other lands subject to the Agreement, such as the dykes referred to
above, if Blue Circle fails to perform its obligations. My letter is contained in Attachment
No. 4 as are the responding letters to me also dated June 12, 2000 from the solicitors for Blue
Circle and CLOCA, respectively. Although Blue Circle's solicitor indicates that he will
make the requested amendment albeit reluctantly, CLOCA's solicitor has objected to it.
5.5 1 have had further discussions with CLOCA's and Blue Circle's solicitors on this issue and
will report to you verbally on these discussions at the meeting on June 19. 2000.
Report Solic-43-00 June 19, 2000
.7_
5.6 I recommend that Council approve the draft Maintenance and Monitoring Agreement as
amended in accordance with my letter to Blue Circle's solicitor dated June 12, 2000
contained in Attachment No. 4 and, as amended authorize the execution of an Agreement
substantially in accordance with the draft Agreement as so amended.
6.1 Resolution of the issues addressed in the Easement Agreement referred to in section 4.0 and
the Maintenance and Monitoring Agreement referred to in section 5.0 of this Report along
with certain other issues trigger the need to amend certain provisions of the Principles.
These amendments are set out in the draft Fourth Amending Agreement contained in
Attachment No. 1. This section of this Report will address only the substantive issues raised
by this Agreement that have not been discussed in the earlier sections.
6.2 Proposed Closure Area D referred to in paragraph 1(c) of the Fourth Amending Agreement
comprises the portion of Waverly Road between the projection of the north limit of -Mason
Drive and the south limit of Closure Area A closed by Council on November 3, 19WUy the
passing of By-law No. 97-251. It is shown on the map contained in Attachment No. S and
will be before Council at the meeting on July 10, 2000. The Area abuts a portion of the
Reconfigured Westside Marsh to the east including a portion of the overflow channel
referred to above. A portion of the Area will accommodate a portion of the acoustic bean
at its north end which is to be constructed by Blue Circle and another portion will be needed
by Blue Circle as an access to construct and maintain portions of the overflow channel
located to the east and west of Waverly Road.
6.3 The Fourth Amending Agreement provides for the closure and transfer of proposed Closure
Area D to CLOCA subject to easements being transferred to Blue Circle respecting the
matters referred to in paragraph 6.2. CLOCA intends to manage the land in this Area in a
manner complementary to its management of the Reconfigured Westside Marsh.
6.4 The Licence Agreement referred to in paragraph 1(e) of the Fourth Amending Agreement
between Blue Circle and the Municipality will permit Blue Circle to install a culvert under
a portion of Waverly Road which transfers the Ontario Hydro Transmission corridor. The
diversion of Westside Creek will go under Waverly Road at the area identified in the Licence
Agreement.
6.5 Paragraph 1(k) of the Fourth Amending Agreement adds to the Principles new paragraphs
23A, 23B and 23C which deal with the Westside Creek diversion area and provide the
Municipality with certain additional rights. Section 23B provides for Blue Circle to
indemnify the Municipality against losses that it may suffer as a result of the construction
Report Solic-#3-00
-8-
June 19, 2000
and installation of the diversion works including loss resulting from certain acts or omissions
by Blue Circle or CLOCA asset out in paragraph 23B(b). Blue Circle will have the riSk to
dispute third patty claims against the Municipality under paragraph 23B(c). Blue ChcL-, "ill
have the obligation to carry comprehensive general liability insurance naming"" the
Municipality as an insured with limits of $25M under paragraph 23B(d). ParapW6,23C
provides for arbitration of certain disputes between Blue Circle and the Municipality arising
under paragraph 23B.
6.6 Paragraph 1(1) amends important dates set out in Schedule J of the Principles.
Commencement of construction of the works by Blue Circle would be delayed ttW tthe
Spring, 2001 from the Winter, 1998 and the Completion Date would be established as
Winter, 2004 in place of Winter, 2001. These revised dates seem reasonabla.in the
circumstances as they now stand.
6.7 The Unwinding Date contained in the Principles as a result of the Third Anvedding
Agreement is June 30, 2000. All the solicitors for the parties are concerned that s,e
necessary Reference Plans of Survey have recently been approved, and the
being staked. The Plans may not be deposited on title before June 30, 2000. A ,
paragraph 1(a)(l) of the Fourth Amending Agreement provides for a further extertsiot e
Unwinding Date by my agreement for the Municipality with the agreement of the solittor
for Blue Circle to a date not later than July 31, 2000.
6.8 1 recommend that Council approve the draft Fourth Amending Agreement and authdfil*the
exeergion of the Fourth Amending Agreement substantially in accordance wit)#*y*aft
Agtesesent.
7.1 The negotiations necessary to implement and complete the Principles have been completeand
lengthy. The approvals recommended in this Report are necessary in order to brim the
arrangements between Blue Circle and the Municipality to a successful conclusion and to
achieve the conservation of the Reconfigured Westside Marsh.
submitted
Solicitor
Received
Chief Administrative Officer
ATTACHMENT N0. 1
THIS FOURTH AMENDING AGREEMENT TO THE PRINCIPLES OF
UNDERSTANDING made as of this 19th day of June, 2000.
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
("Municipality")
-and-
BLUE CIRCLE CANADA INC.
("Blue Circle")
WHEREAS:
OF THE FIRST PART
OF THE SECOND PART
A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated
November 3, 1997 provide for the Principles to terminate and have no force and effect in the event
that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in
paragraph 8(b) of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date").
B. By the First Amending Agreement to the Principles of Understanding dated December 13,
1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from
December 31, 1999 to February 29, 2000 on the terms set out therein.
-2-
C. By the Second Amending Agreement to the Principles of Understanding dated February 21,
2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from
February 29, 2000 to April 30. 2000 on the terms set out therein.
D. By the Third Amending Agreement to the Principles of Understanding dated April 25th, 2000
the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30,
2000 to a date not later than June 30, 2000 on the terms set out therein.
E. The Parties have agreed to further amend the Principles as set out below.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and the
covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now
paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the
Parties hereto covenant and agree to and with each other as follows:
1. The Principles are amended as follows:
(a) Recital "L" of the Principles is deleted and replaced with the following:
"Blue Circle intends to acquire perpetual easements
from Ontario Hydro on the portions of the Ontario
Hydro Lands which are identified on the Plan
contained in Schedule "A" hereto and which are
referred to in these Principles as the "Westside Creek
Diversion Area A". With the consent of Ontario
Hydro, Blue Circle will transfer these easements to
the Municipality forthwith after the completion of
construction of the "Westside Creek Diversion
Works" (as hereafter defined);"
3-
(b) Paragraph 3(d) of the Principles is amended by deleting from the fifth and sixth lines
thereof the words "and "Proposed Closure Area D" and the abutting reserves set out
in Schedule "H" hereto and";
(c) Paragraph 3(e) of the Principles is amended by adding the following at the end of the
second sentence thereof:
"provided that the transfer of Proposed Closure Area D together with the
abutting reserves to CLOCA shall be subject to the following easements
which shall first be transferred to Blue Circle by the Municipality:
(i) an easement over parts 5, 9 and 18 on Brown & Coggan Draft Plan
No. 1971017 for the purposes of constructing and maintaining the
Overflow Channel Lands C by means of an open channel;
an easement for the purpose of constructing and maintaining a noise
attenuation berm over Parts 2, 12 and 15 on the aforesaid draft plan;
and
(iii) an access easement over parts 4, 10 and 17 on the aforesaid draft plan.
(d) Clause 7(a)(i) of the Principles is deleted and replaced with the following:
"(i) will execute agreements with Ontario Hydro and the
Municipality for the acquisition by Blue Circle of easements
in the portions of the Ontario Hydro Lands which comprise
the Westside Creek Diversion Area A, and for the
construction of the Westside Creek Diversion Works by Blue
Circle. Further, the easement agreement will provide for the
consent by Ontario Hydro to the transfer to the Municipality
-4 -
of perpetual easements in the Westside Creek Diversion Area
A for a nominal consideration on the completion of the
Westside Creek Diversion Works. The latter transfer to the
Municipality shall contain terms and conditions acceptable to
the Municipality's Director of Public Works, acting
reasonably;"
(e) Sub -paragraph 8(a) of the Principles is amended by deleting the word "and" at the
end of clause (v) and the punctuation at the end of clause (vi), by adding a semi -colon
at the end of clause (vi), and by adding a new clause (vii) as follows:
"8(a)(vii) Blue Circle shall deliver and the
Municipality shall agree to accept a
Licence Agreement executed by it to the
Municipality containing terms and
conditions acceptable to the
Municipality's Director of Public Works,
acting reasonably, to permit the
construction, maintenance and repair of a
culvert below the surface of Waverly
Road and abutting reserves on Parts 3, 4
and 5 shown on Plan 40R-19718, to
accommodate a channel for the Westside
Creek Diversion between the lands
comprising portions of the Westside Creek
Diversion Area A and without limiting the
generality of the foregoing, the Licence
Agreement shall provide that the
construction of the proposed culvert and a
schedule for its commencement and
-5 -
completion shall be approved by the
aforesaid Director, acting reasonably
before the construction is commenced:
(f) Clause 8(b)(viii) is deleted and replaced with the following:
"(viii) the execution of the agreements respecting the
construction of the Westside Creek Diversion
Works, and the transfers of easements referred
to in clause 7(a)(i) hereof,"
(g) Sub -paragraph 10(a) of the Principles is amended by adding at the end thereof
"provided that the Municipality may execute such
Agreement as a party for such purposes and on such
terms and conditions as the Municipality may
approve."
(h) Sub -paragraph 10(b) is amended by adding after the words "to CLOCA" the words
"and to the Municipality".
(i) The second sentence of paragraph 13 is deleted and replaced with the following:
"The agreement shall provide for the transfer by Blue
Circle with the consent of Ontario Hydro, at Blue
Circle's cost, of a perpetual easement in Westside
Creek Diversion Area A to the Municipality forthwith
after Ontario Hydro gives notice to Blue Circle and
the Municipality in writing that the Westside Creek
Diversion Works on Westside Creek Diversion Area
rel
A have been completed. The perpetual easement shall
be transferred for a nominal consideration and shall be
in a form and have a content that is satisfactory to the
Municipality's solicitor acting reasonably."
0) Sub -paragraph 16(b) is deleted and replaced with the following:
"16(b) All transfers to the Municipality and by the
Municipality to CLOCA which are made to
implement the intent of these Principles shall
have a form and content satisfactory to the
Municipality's solicitor, acting reasonably.
All governmental fees and taxes payable on
the registration of transfers to the Municipality
shall be paid by Blue Circle. All
governmental fees and taxes payable on the
registration of transfers to CLOCA shall be
paid in equal shares by Blue Circle and by the
Municipality.";
(k) New paragraph 23A, 23B, and 23C are added as follows:
"23A. Transfer of Various Lands and Easements
In each case in which the Principles provide for the transfer of land or an easement
to CLOCA or as otherwise directed by the Municipality, the transfer shall be made
by Blue Circle to the Municipality. Thereafter, except in the case of the easements
in the Westside Creek Diversion Area A transferred to the Municipality pursuant to
the agreements referred to in clauses 7(a)(i), 8(b)(viii) and paragraph 13 hereof, the
Municipality may transfer the same to CLOCA. In addition to all governmental fees
-7 -
and taxes payable on the registration of transfers to the Municipality, Blue Circle
shall pay to the Municipality on demand the reasonable cost to the Municipality for
the services of a qualified appraiser in preparing the appraisal required by section 193
of the Municipal Act before the lands which are transferred by Blue Circle to the
Municipality pursuant to the Principles can be declared surplus and transferred to
CLOCA.
23B. Indemnity
(a) Blue Circle covenants and agrees to indemnify and hold harmless the
Municipality from and against all direct, indirect and/or consequential costs,
expenses, losses, damages, actions, causes of action, interest claims, charges,
proceedings, claims or demands arising out of the construction, installation,
maintenance, repair or use of the Westside Creek Diversion Works from and
after the date of the transfer of the perpetual easements to the Municipality
as contemplated by clause 7(a)(i) hereof (the "Commencement Date") or any
act or omission of the servants, agents, sublicensees and contractors relating
to the Westside Creek Diversion Works arising after the Commencement
Date, including without limiting the generality of the foregoing, all costs and
expenses incurred in restoring or rectifying the aforesaid Works or complying
with any requests, orders or notices issued pursuant to any applicable
legislation and relating to or arising out of the aforesaid Works, the
construction, installation, repair and maintenance thereof.
(b) Without limiting the generality of the foregoing, Blue Circle shall indemnify
the Municipality and save it harmless from and against any and all direct,
indirect and or consequential costs, losses, claims, actions, damages, liability
and expenses in connection with loss of life or personal injury or property
damage arising from or in any way connected with the Works, including
without limitation, any occurrence caused or arising during access to or
egress from the Works by Blue Circle, by CLOCA, or by their respective
agents, contractors, employees, servants, licensees and invitees, from and
after the Commencement Date whatsoever in, upon or at the Works or in the
vicinity thereof or the use thereof and without limiting the generality of the
foregoing, against any event occasioned wholly or in part by any act or
omission of Blue Circle or CLOCA, their agents, contractors, employees,
servants, licensees or sublicensees in connection with or related to the
inspection, maintenance or repairs of the Works or by anyone permitted by
Blue Circle or by CLOCA to be on the Westside Creek Diversion Area "A"
or such Works or in the vicinity of the Works, as provided or contemplated
herein, except to the extent contributed to by the intentional acts of the
Municipality and those for whom it is in law responsible. If the Municipality
shall be made a party to any litigation commenced by or against Blue.Gi nle
or by or against CLOCA, then Blue Circle shall protect and ho`fhe
Municipality harmless and shall pay all reasonable costs, expenses and iWd
fees incurred or paid by the Municipality in connection with such litigation.
Without limiting the foregoing, such indemnification shall include all costs,
expenses and damages direct, indirect and consequential which may arise
from any damage or injury from any of the Works occasioned wholly or in
part by the act or omission of Blue Circle, CLOCA, or by their respective
agents, contractors, employees, servants, licensees and sublicensees or by
anyone permitted to be on or in the vicinity of the Works or the Westside
Creek Diversion Area "A" by the Municipality, except to the extent
contributed to by the intentional acts of the Municipality or those for whom
it is in law responsible.
(c) Blue Circle shall at all times have the right at its option and expense to
dispute and contest in the name of the Municipality any third party claim for
which it admits, in writing, that in the event of such third party claim is held
to be valid, Blue Circle is liable to indemnify the Municipality under this
-9 -
paragraph 23B. The Municipality shall fully co-operate with Blue Circle and
its counsel in any proceedings with respect to any such third parry claim and
Blue Circle shall pay the actual costs reasonably incurred by the
Municipality. If Blue Circle does not admit it is liable to indemnify the
Municipality under this paragraph 23B in respect of the claim, the
Municipality shall ensure that Blue Circle is kept advised of the progress of
such third party claim and the Municipality may, but is not obligated to,
assert any defence to such third party claim as it deems reasonable in the
circumstances without in any way reducing the liability of Blue Circle under
this indemnification.
(d) If Blue Circle exercises the option to defend a third party claim, then the
following provisions shall apply:
(i) the Municipality shall be kept fully informed of all aspects of the
conduct of the dispute and shall be provided with copies of all
correspondence related thereto;
(ii) the appointment of solicitors or other professional advisors shaft be
subject to the prior approval, in writing, of the Municipality, not to be
unreasonably withheld or delayed. Without limiting the foregoing,
the Municipality may engage its own counsel or other professional
advisors, all reasonable expenses of whom are to be for the account
of Blue Circle to review the conduct of such dispute and to advise the
Municipality with respect to the same;
(iii) Blue Circle shall not settle or compromise any third party claim or
agree on any matter in the conduct of the dispute which may affect
the liability of the Municipality to any person whatsoever without the
-10 -
prior written approval of the Municipality, such approval not to be
unreasonably withheld or delayed;
(iv) Blue Circle shall be entitled to reasonable access to all relevant books
and records of the Municipality and to its employees that are
necessary for the purpose of defending such third party claim;
(v) If the Municipality, acting reasonably, believes there is liability for
such third party claim, which may be in excess of any insurance then
held by Blue Circle, or any contractor or licensee of Blue Circle for
such third party claim or if the Municipality, acting reasonably,
believes that any insurer in respect of same may deny coverage, then
the Municipality may at its option require Blue Circle to post such
additional security as may be reasonably required to secure the
potential liability for such claim, and such security may include
letters of credit, financial instruments, performance bonds (if
applicable), cash, guarantees from parties whose covenant is
satisfactory to the Municipality in its unfettered discretion, exercised,
however in good faith, or any combination thereof.
(e) Blue Circle shall provide, at its expense, and keep in force insurance of the
type commonly called "comprehensive general liability insurance", which
insurance shall be with insurers acceptable to the Municipality acting
reasonably and shall include coverage for personal injury (including death),
property damage and consequential damage all on a "per occurrence" basis
with respect to all operations carried on upon the Westside Creek Diversion
Area "A" or with respect to the Westside Creek Diversion Works by either
party with limits for any one occurrence or claim of not less than
$25,000,000.00 (Twenty -Five Million Dollars). Such insurance shall name
the Municipality as an insured and cont- . _.. Noss -liability clause, such
insurance at the option of Blue Circle may form part of Blue Circle's blanket
insurance policy and shall provide or the insurer shall agree that such policy
may not be cancelled or its coverage reduced without thirty (30) days prior
written notice to the Municipality. Blue Circle shall keep on deposit with the
Municipality a certificate of such portion of any blanket insurance policy and
all renewals thereof and all endorsements thereof sufficient to show at all
times the current status of such insurance as required under this clause 23B(e)
and without limiting the generality of the foregoing, Blue Circle shall furnish
the Municipality proof of the renewal or replacement of every such policy at
least one month prior to the expiry of such policy. If and whenever Blue
Circle fails to comply with the foregoing, the Municipality upon at least
fifteen (15) days prior notice or such shorter period as is available prior to the
expiry of the insurance policy may effect such insurance for the benefit of the
Municipality and Blue Circle jointly, and if the Municipality does so, any
additional premium paid by it beyond its usual insurance costs shall be
recoverable from Blue Circle on demand.
23C. Arbitration and Termination
(a) Without limiting the right of the Municipality to require the remedy of any
perceived default prior to either the commencement or the conclusion of the
arbitration process provided for herein, any dispute which arises between the
parties hereto concerning any matter in connection with paragraph 23B
hereof shall be determined by arbitration by either party giving written notice
to the other of such dispute, setting out the issues in dispute with sufficient
particularity to permit the other party to adequately respond thereto, and such
arbitration shall be pursuant to the Arbitration Act (Ontario), as amended,
from time to time or pursuant to any legislation substituted therefor and
subject to the following provisions:
-12-
(b) there shall be three arbitrators appointed in the manner following, that is to
say:
(i) either party may appoint an arbitrator and on doing so shall forthwith
give notice in writing thereof to the other party;
(ii) the party in respect of a notice of the appointment of an arbitrator as
aforesaid shall, unless it has already done so, within fifteen (15)
business days from the date of receiving the notice appoint an
arbitrator and give notice thereof to the other party;
(iii) if either party does not appoint an arbitrator within the time limited
under the preceding clause 23C(b)(ii), the other party may apply ID a
Judge of the Ontario Superior Court of Justice to appoint an arbitrator
on behalf of and at the expense of the party so in default;
(iv) the arbitrators appointed by or for the parties hereto shall appoint a
third arbitrator and, if they fail to do so within seven () days after the
last of them was appointed, either party at its own costs and on notice
to the other may apply to a Judge of the Ontario Superior Court of
Justice to appoint a third arbitrator;
(c) the arbitrator or arbitrators shall have the power to obtain the assistance,
advice or opinion of such engineer, architect, surveyor, appraiser, valuer or
other expert as he or they may think fit and shall have the discretion to act
upon any assistance, advice or opinion so obtained;
(d) the arbitrators shall in their discretion determine which and to what extent
each party shall bear the costs and expenses of the arbitration;
-13-
(e) each of the parties will do all acts and things and execute all deeds and
instruments necessary to give effect to any award made upon any such
arbitration;
(f) the decision of the arbitrator or arbitrators shall be in writing and shall be
binding upon the parties hereto.
Paragraphs 23B and 23C shall not be terminated by either party except as provided herein
or except by mutual consent."
(I) Schedule "J" is amended by:
(i) under the heading "Commencement Date", deleting "Winter 1998"
and replacing it with "Spring, 2001";
under the heading "Schedule of Work", deleting "Winter 1998" and
replacing it with "Spring, 2001"; and
(iii) under the heading "Completion Date", deleting "Winter 2001" and
replacing it with "Winter, 2004"; and
(m) Paragraph 24 of the Principles as amended by the First, Second and Third Amending
Agreements is further amended by deleting the date "June 30, 2000" and replacing
it with the date "July 31, 2000".
2. All other terms and conditions of the Principles shall remain the same and time shall be of
the essence.
3. This Fourth Amending Agreement to the Principles of Understanding may be executed by
the Parties in counterpart.
-14 -
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written and the Parties hereto have hereunto affixed their corporate seals by
the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
1"BN/s I 1,
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
in the presence of ) Mayor
Clerk
BLUE CIRCLE CANADA INC.
Per:
Name: Title:
Per:
Name:
Title:
0616: 06/01/00 TIM: 03:06 6H r0: Oenvx NefferOn B 860-0306 116-315-1876 p,30e: 006-020
EASEMENT AGREEMENT ATTACHMENT NO. 2
(7) INTERESTIESTATE TRANSFERRED
Subject to [he following terms and conditions, the right and easement to lay, construct, operate,
maintain, inspect, alter, repair, replace, reconstruct and remove certain works and vegetation for the
Westside Creek Diversion and other works appurtenant thereto (hereinafter called the "Westside
Creek Diversion Works") in, over, along, across, upon and under those parts of the Traasferor's
land described in Box (5) (which lands are herein called the "Strip"). Toeetherwith the right to the
Transferee, its servants, agents and contractors with all necessary vehicles, supplies and equipment
to enter onto the Strip by the Transferor's access routes (as designated from time to time by the
Transferor) and pass and repass over the Strip for the purpose of exercising or enjoying any of the
rights herein contained. The easement and rights granted herein are for the benefit of each of the
following lands:
(a) those portions of the Transfemek lands to be used as part of a quarry operation and
more particularly described in Schedule T' attached hereto (the "Blue Cirda
Lands");
(b) those portionsof the Transferee's lands to be used forconwi ation and parkpurposes
and to be conveyed either to the Central Lake Ontario Conservation Authority
("CLOCA") or to The Corporation of the Municipality of Clarington (the
"Municipality") and more particularly described in Schedule "I1" attached hereto
(the "Reconfigured Westside Marsh"); and
(c) those portions of the Municipalityk lands comprising Cove Road, its extension
westerly and the bridge over the Westside Creek ("Cove Road Westside Creek
Bridge") and more particularly described in Schedule 11 attached hereto.
The terms and conditions above-mentioned which the Transferee covenants and agrees to observe
and to be bound by are as follows:
1. This indenture shall be effective from the' day of June, 2000.
2. (a) Prior to the commencement of construction of the Westside Creek Diversion Works,
the Transferee shall pay to the Transferor for the easement and other rights hereby
granted the sum of Two Hundred Seventy -Two Thousand Four Hundred and Forty
Dollars ($256,240.00), plus G.S.T., if applicable. The preceding amount includes
compensation for the easement rights required for the Westside Creek Diversion
which include the easement lands and access as provided for herein. The parties
agree that except as provided for herein there shall be no readjustment lithe
compensation after final completion of the Westside Creek Diversion -
notwithstanding any change in the description required pursuant to Section 2(c)
hereof.
(b) At the time of execution of this indenture, the Transferee shall pay to the Transferor
the sum of 'Twenty -Two Tho band Rv H:odr d Dollars (SA),tJJ.%QQQ
representing payment in full for all of the Transferor's costs incurred to date relating
to the negotiations for this indenture, the Construction Agreement (as hereinafter
defined), review of all plans, specifications, drawings and other documents
respecting this indenture and the Westside Creek Diversion Works but for greater
certainty, this shall not constitute payment of any of the Transferor's costs relating
to any revision or amendment to this indenture, the Construction Agreement, any
new, amended or revised plans, specifications, drawings or other documents
respecting this indenture or the Westside Creek Diversion Works, supervision of the
construction of the Westside Creek Diversion Works or legal fees and disbursements
incurred by the Transferor in connection of the same, whether such legal fees and
disbursements were incurred before or after the date of this indenture.
hone 7, moo
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1
(c) In the event that any portion of the Westside Creek Diversion Works as constructed
is:
(i) beyond the boundary of the Strip: and
(ii) further than 16 meters from any transmission cower or footing
herefore: and
(iii) iot more than 0.3 meters from the boundaries of the Strip:
the Transferor and the Transferee agree to enter into an agreement amending this
indenture, with the Transferee to arrange at its cost for an Ontario Land Surveyor to
prepare a new description and reference plan for the Westside Creek Diversion
Works as constructed and setting out the correct description of the Strip as amended
and such amending agreement and revised reference plan shall be registeredon title
to the Strip.
3. The Transferee shall, except in case of emergency, before commencing any work authorized
by this indenture or intended so ;o be, give to the Transferor forty-eight hours' previous
written notice, and in cases of emergency such previous noticeas is reasonably possible, asci
during the time period of any active construction work, repair and maintenance, the
Transferormay have its representatives present, whose reasonable time andexpenseshallbe
paid (except in the event of emergencies, in which mse all of such time and expense incurred
in good faith without limitation shall be paid) by the Transferee on presentation of Ie0" I
invoices therefor. The cost to the Transferee of any such representative shall be deletniaed
on the basis of the actual amounts paid by the Transferor, for such representatives who are
not employees of the Transferor, or the Transferor's fully laboured rate (as determined by the
Transferor from time to time) forsuch representatives who are employees of the Transferor
(the "Fully Lboured Rate"). For greatercertainty, the term "Fully Laboured Rate*
in this indenture shall man the amount calculated by the Transferor as its cost of
ce,
the services of its employees, based on the individual employee's sslary or wage,
additional costs related thereto (including Employment InsuranCanada PensioY`"'
other pension plan costs, other benefits) and a factor of ten (10%) per cent forattributio1w
overhead. In addition, the Transferor may charge to the Transferee and the Transferee OW
pay the amount reasonably charged to the Transfemr(exoept in the event of emergencies, in
which case all of such charges incurred in good faith without limitation shall be paid) for
each piece of machinery or equipment used by its representatives in such circumstances, or
if such equipment is owned or leased by the Transferor, the Transferor may charge br tech
machinery or equipment an hourly rate established from time to time (or if the Traodkor
does not regularly establish such rates, established at that time) by the TransferW tr:a
reasonable basis The Transferor shall disclose to the Transferee the basis upon Whew -it
established such machinery and equipment charge -out rates. -- `s
The Transferee in connection with laying, constructing, operating, maintaining, inspecting,
altering, repairing, replacing, reconstructing or removing the Westside Creek Diversion
Works or any part or parts of them shall not interfere in any way with or cause any damage
to any Works of the Transferor (as defined herein) now, constructed on the Ship of BY
adjacent Transferor's lands and during any such activities, the Transferee shall complywith
the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, as amended, sod any
regulations passed thereunder and, with respect to the original construction of the Westside
Creek Diversion Works, with a construction agreement entered into between the Transferor
and the Transferee dated the same date as this indenture (which agreement is herein called
the "Construction Agreement")
5. The Transferee shall maintain the Westside Creek Diversion Works in a good and substantial
state of repair at all times.
6. The Transferee shall comply with all statutes, by-laws, rules, regulations, orders of, and
a eree men is and undertakings entered into by the Transferee with and to, every governmental
J. 7. 20DO
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-3-
or other competent authority relating in any manner to the Westside Creek Diversion Works
or the exercise of any of the rights or the easement herein granted.
7. The Transferor and anyone acting pursuant to its authority (including licensees,
sub -licensees, permitted users and occupants) may at any time enter on the Strip and the
Transferor's adjacent lands and inspect all existing and future works of the Transferor
whether for Ontario Hydro or for such licensees, sub -licensees and such other users and
occupiers as are permitted by Ontario Hydro (the "Works of the Transferor") and/or
maintain, repair, rearrange or replace, add to, relocate anywhere on the Strip or the
Transferor's adjacent lands and/or remove any of the Works of the Transferor and other of
the Transferor's works as defined in the Electricity Act, 1998 (being Schedule "A" of the
Energy Competition Act, S.O. 1998, c. 15, as amended or replaced from time to time, and,
with respect to electricity transmission facilities only, may install, construct, add, inspect,
maintain, repair, alter, rearrange, replace, relocate anywhere on the Strip and the Transferor's
adjacent lands and/or remove such new works or equipment as the Transfer or determines
necessary or desirable. Notwithstanding the foregoing, in taking or permitting any of the
actions contemplated in this Section 7, the Transferor shat l not beyond the extent required
disrupt, damage or otherwise interfere with the Westside Creek Diversion World and
acknowledges and agrees that to the extent changes to the Westside Creek Diversion Works
are required to accommodate changes to the Works of the Transferor, the Transfemrshall
be entitled to make such changes so long as it gives prior notice thereof to the Transferee and
obtains the prior written consent of the Transferee to such changes, such consent not to be
unreasonably withheld. The cost of such changes to the Westside Creek Diversion Works
required to accommodate changes to electrical transmission facilities only shall be home as
follows:
(a) during the first ten (10) years after the granting of the easements herein, 100% by the
Transferor,
(b) during the eleventh(11th) through the twentieth (20th) years after the grantingof the
easements herein, inclusive, 50% by the Transferor and 50% by the Transferee: and
(c) thereafter, by the Transferee
In making such changes, the Transferor shall comply with all statutes, by-laws, rules or
regulations of, orders of and agreements entered into by the Transferee with and to every
governmental or other competent authority relating to the Westside Creek Diversion Works
If any loss or damage results to the Works of the Transferor, whether on the Strip or the
Transferor's adjacent lands, by reason of or in consequence of the Transferor exerdsin`its
rights in this Section 7, then except where the same was required as a result of any default
of the Transferee or defect in the Westside Creek Diversion Works, the Transferor shall be
responsible, for such loss and damage and without limiting the generality of the foregoing,
the Transferee's indemnity hereinafter set out shall not apply to such loss or damage.
8. The Transferee covenants and agrees to indemnify and hold harmless the Transferor from
and against all direct, indirect and/or consequential costs,expenses, losses, damages, actions,
causes of action, interest claims, charges, proceedings, claims or demands arising out of its '
use or occupation of the Strip after the date of this Transfer and Grant of Easement (the
"Commencement Date") orany act or omission by itsservanis, agents, sub -licensees and
contractors relating to the Strip and arising after the Commencement Date or arising out of.
(a) any spill of pollutants (as defined in the Environmental Protection Act, R.S.O. 1990,
c. E.19) caused by the actions of the Transferee or by its servants, agents and
contractors on all or any part of the Strip or any other lands of the Transferor
occurring from and after the Commencement Date of this easement grant and
occurring during the term: and
lune 7. 2000
401571.RED
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4-
(b) any contravention by the Transferee or by its servants, agents and contmctors of any
provision of any environmental legisiation including but not limited to the
Enviromnental Protection Act, R.S.O. 1990, c E.19 and the Ontario Water
Resources Act, R.S.O. 1990, c. 0.40 to the extent that such contravention occurred
from and after the Commencement Date of this easement grant and during the term:
including, without limiting the generality of the foregoing, all costs and expenses incurred
in restoring or rectifying the Strip or complying with any requests, orders or notices issued
pursuant to any applicable legislation and relating to or arising out of the Transferee's use of
or easement rights within the Strip.
Without limiting the foregoing, the Transferee shall indemnify the Transferor and save it
harmless from and against any and all direct, indirect and/or consequential costs, loss,
claims, actions, damages, liability and expenses in connection with loss of life, personal
injury or damage to property arising from any occurrence caused or arising from the.
occupancy or use by the Transferee of the Strip, including without limitation any occurrence
caused or arising during access to or egress from the Strip by the Transferee, its agents,
contractors, employees, servants, licensees and sub -licensees from and after the
Commencement Date, and any renewals thereof, whatsoever in, upon or at the Strip, or the
occupancy or use by the Transferee of the Strip or any part thereof, and without limiting the
generality of the foregoing, against any event occasioned wholly or in part by any act or
omission of the Transferee, its agents, contractors, employees, servants, licensees or
sub -licensees or by anyone permitted to be on the Strip by the Transferee, except to the
extent contributed to by the intentional acts of the Tmnsferor and those for whom it is in law
responsible. In the event the Transferor shall be made a party to any litigation commenced
by or against the Transferee, then the Transferee shall protect and hold the Transferor
harmless and shall pay all reasonable costs, expenses and legal fees incurred or paid by the
Transferor in connection with such litigation. Without limiting the foregoing, such
indemnification shall include all costs, expenses and damages, direct, indirect and
consequential, which may arise from any damage to any Works of the Transfer or occasioned
wholly or in part by any act or omission of the Transferee, its agents, contractors. employees,
servants, licensees and sub -licensees or by anyone permitted to be on the Strip by the
Transferee, except to the extent contributed to by the intentional acts of the Transferor and
those for whom it is in law responsible.
The Transferee shall at all times have the right, at its option and expense, to dispute and
contest in the name of the Transferor any third partv claims let which it admits in writing
that, in the event such third parry claim is held to be valid, the Transferee is liable to
indemnity the Transferor under this Section 8. The Transferor shall fully co-operate with the
Transferee and its counsel in any proceedings with respect to anv such third para claim and
the Transferee shall pay the actual costs reasonably incurred by the Transferor and the Fully
Laboured Rates for the employees of the Transferor. In the event the Transferee does not
admit that it is liable to indemnify the Transferor under this Section 8 in respect of a third
party claim, the Transferor shall ensure that the Transferee is kept advised of the progress
of such third party claim and may, but is not obligated to, assert such defence to such third
party claim as the Transferor deems reasonable in the circumstances without in any way
reducing liability of the Transferee under this indemnification.
It the Transferee exercises the option to defend a third party claim, then the following
provisions shall apply:
(i) the Transferor shall be kept fully informed of all aspects of the
conduct of the dispute and shall be provided with copies of all
correspondence related thereto:
(ii) the appointment of solicitors or other professional advisors shall be
subject to the prior approval in writing of the Transferor, such
1. 7, 70DO
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approval not to be unreasonably withheld or delayed. Without
limiting the foregoing, the Transferor may engage its own counsel or
other professional advisors, all reasonable expenses of whom are to
be for the account of the Transferee, to review the conduct of such
dispute and to advise the Transferor with respect to the same:
(iii) the Transferee shall notsenle orcompromise any third party claim or
agree on any matter in the conduct of the dispute which may affect
the liability of the Transferor to any person whatsoever without the
prior written approval of the Transteror, such approval not to be
unreasonably withheld or delaved:
(iv) the Transferee shall be entitled to reasonable access to all relevant
books and records of the Transferor that are necessary for the
purposes of defending such third party claim:: and
(v) if the Transferor, acting reasonably, believes that there is liability for
such third party claim which may be in excess of any insurances then
held by the Transferee or any contractor or licensee of the Transferee
for such third party claim (or if the Transferor, acting reasonably,
believes that any insurer in respect of the same may deny coverage),
then the Transferor may at its option require the Transferee to post
such security as may be reasonably required to secure the potential
liability for such claim and such security may include letters of credit,
financial instruments, performance bonds (if applicable), cash,
guarantees from parties whose covenant is satisfactory to the
Transferor in it unfettered discretion, exercised, however, in good
faith, or any combination thereof.
9. The Transferee shall assume liability for and pay as they become due all taxes, rates, and
assessments of every kind whatever, or any statutory amounts or grants in lieu thereof, that
may be imposed on the Transferor or the Strip by reason of the Westside Creek Diversion
Works or by reason of any of the rights or the easement granted herein and shall at at times
indemnify the Transferor from and against all such taxes, rates, and assessments, or amounts
in lieu thereof.
10. Notwithstanding anything herein contained to the contrary the Westside Creek Diversion
Works and all other property of the Transferee at any time on the Strip or on adjacent
Transferork land shall be at the sole risk of the Transferee and the Transferor shall ttatbe
liable for any loss or damage thereto however occurring and the Transferee releases the
Transferor from all claims and demands in respect of any such loss or damage, except to the
extent contributed to by the intentional acts of the Transferor and those forwhom it is in law
responsible.
11. No right, title orinterest in or to the Strip orany part or parts of it oranv adjacent land of the
Transferor shall be acquired by the Transferee except as expressly set out in and subject to
all the terms and conditions of this indenture.
12. (a) Within six (6) months of the completion of the end of the monitoring period for the
construction of the Westside Creek Diversion Works in accordance with the terms
of this indenture and the Construction Agreement, the Transferee shall assign this
indenture and the rights and easement conferred by it to the Municipality in the form
of Transfer of Easement Agreement annexed as Schedule III and the Transferor shall
agree to be a party to such assignment for the purpose of reconfirming the grant of
easement and other rights hereunder to the Municipality and for the purpose of
consenting to such assignment. The said assignment shall reserve unto Blue Circle
Canada Inc. and its successors the rights of access granted to the Transferee herein
1u 7, 7000
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for the purposes of remedying defaults in them a rinerprovided in section 13 hereof.
Blue Circle Canada Inc. is not therebv releasea from its obligations and liabilities
hereunder by reason of the transferof easement and accordingly Blue Circle Canada
Inc and its successors shall be entitled to the continuing rights as set out in sections
8 and 13 to dispute and contest third party claims for which it may be liable to the
Transferor and relating to defaults under this indenture, all as more particularly set
out in sections 8 and 13. The Municipality has signed this indenture for the purpose
of confirming its agreement to enter into the annexed form of transfer of easement
agreement with the Tmnsferor and the Transferee upon the completion of the
Westside Creek Diversion Works and expiry of the said monitoring period.
(b) Save asset out above, the Transferee shall not transfer, assign orsublet this indenture
or any rights or easement conferred by it without the previous written consentof the
Transferor. Such consent, in respect only of a transfer, assignment or sub letting to the
parent, associate, affiliate or subsidiary corporation of the Transferee or a corporation
formed by the Transferee and others as a result of a merger, amalgamation or
corporate reorganization shall not be unreasonably withheld or delayed; provided as
a term of any assignment, any such new transferee shall enter into an agreement with
the Transferor agreeing to assume the obligations under this indenture.
(c) The Transferor agrees that during the term of this easement, representatives of
CLOCA, at CLOCA's cost and risk, shall be permitted access to the Strip and the
Westside Creek Diversion Works for the purposes of inspecting and monitoring the
Westside Creek Diversion Works and for the purposes of ensuring that the Transferee
carries out its obligations aider this indenture with respect to the Westside Creek
Diversion Works.
13. If the Transferee should at any time fail to carry out any of the terms and conditions hemis
contained, the Transferor may give notice to the Transferee and, if Blue Circle CeRa®I'iit.
has transferred its rights hereunder, to Blue Circle Canada Inc. or its successors, specifying
such failure and if the failure is not remedied within fifteen (15) business days of the notice j
being mailed or such longer period of time (as may be reasonably required so long as the
Transferee has commenced and continuously and diligently proceeds to remedy such default
in accordance with a written plan prepared by the Transferee and approved by the Transferor
(and, if such plan requires any deviation from the approved design of Westside Creek
Diversion Works, prior to the transfer of the Easement to the Municipality, by the
Municipality), such approval not to be unreasonably withheld ordelayed, the Transferormay
perform in a reasonable mannersuch obligations for the account of the Transferee; provided
that in the event of a perceived emergency, the Tmnsferor shall be entitled to curt moth
default immediately, and shall provide such previous notice as is reasonably possible to the
Transferee prior to so doing, but failure to provide such notice shall not impair the
Transferor's right to cure such default in the event of a perceived emergency. In the event that i
the Transferor remedies the default of the Transferee. the Transferee shall be responsible for
reimbursing the Transferor for all costs, expenses and damages reasonably incurred (or in
the case the Transferor in good faith believes there to be an emergency, incurred in good
faith) by the Transferor arising from such default upon submission of a detailed invoice from
the Transferor. If the Transferee either fails to remedy any default within the time period tit
out in this Section 13 or fails to reimburse the Transferor for al I costs, expenses and damages
incurred, then the Tmnsferor shall be entitled to terminate this indenture upon fifteen (15)
business days' notice to the Transferee: provided that contemporaneously with such notice
to the Transferee, the Transferor shall also provide a copy of such termination notice to the
Municipality. The Transferor shall upon expiration of the said fifteen (15) business day
period. and subject to the following, be entitled to take possession of the Westside Creek
Diversion Works, exclude from the Strip any parties claiming an interest under this
indenture, and subject to any governmental orders, laws or regulations, restore the Strip to
its original condition, to the extent possible, and/or maintain all or some of the Westside
Creek Diversion Works for any period of time, all at the expense of the Transferee. The right
Jove 7, moo
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of termination provided for herein is subject to the qualification that if, prior to such
termination becoming effective. the Transferee has served the Tmnsferor with notice of
arbitration with respect to the default alleged by the Transferor as provided for in paragraph
16 hereof, such termination shall not be effective unless and until the arbitrators have,
determined that the Transferor is entitled to terminate this indenture. Without limiting any
other remedies of the Transferor, the right of termination is further subject to the
qualification that if the default is not of a nature which in the Tmmferor's discretion,
exercised in good faith. poses an immediate or immanent danger to the Works of the
Transferor or to any person, the right of the Transferor to terminate shall not be excereisable
until Blue Circle Canada Inc. or its successors have had a reasonable opportunity to cure the
default.
14. The Transferee shall provide at its expense and keep in force, throughout the term of this
indenture, insurance of the type commonly called Comprehensive General liability
Insurance which insurance shall be with insurers acceptable to the Transferor, acting
reasonably and shall include coverage forpersonal injury (including death), propertydamage
and consequential damage, all on a per occurrence basis with respect to all operations carried
out upon the Strip and the Transferee's use and occupancy of the Strip with limits forany one
occurrence orclaim not less than S25,000,000.00. Such insurance shall name the Transferor
and the Transferee as co -insureds fand may also include the Municinality and C OCA eq
co -insureds) and contain a cross -liability clause. Such insurance at the option of the
Transferee may form part of the Transferee's blanket insurance policy and shall provide or
the insurer shall agree that such policy may not be cancelled or its coverage reduced without
thirty (30) days' prior written notice to the Transferor. The Transferee shall keep on deposit
with the Transferor a certifiate of such portion of the blanket insumnce policy and all
renewals thereof and all endorsements thereto sufficient to show at all times the current
status of such insurance as required under this Section 14 and without limiting the generality
of the foregoing, the Transferee shall furnish to the Transferor proof of the renewal or
replacement of every such policy at least one month prior to the expiry of such policy. If and
whenever the Transferee fails to comply with the foregoing, the Transferor upon at least
fifteen (15) days' prior notice or such shorter period as is available prior to the expiry of the
insurance policy may effect such insurance for the benefit of the Transferor and Transferee
jointly and if the Transferor does so, any premium paid by it shall be recoverable from the
Transferee payable on demand.
15. This indenture shall ran with the Strip and shall enure to the benefit of and be binding upon
the Transferor and the Transferee and, except as otherwise stipulated herein, their respective
successors and assigns.
16. Without limiting the right of the Transferor to require the remedy of any perceived default
prior to either the commencement or the conclusion of the arbitration process provided for
herein, any dispute which arises between the parties hereto concerning any matter in
connection with this indenture shall be determined by arbitration by either party giving
written notice to the other of such dispute, setting out the issues in dispute with sufficient
particularity to permit the other parry to adequately respond thereto, and such arbitration
shall be pursuant to the Arbitration Act (Ontario), as amended, from time to time or pursuant
to any legislation substituted therefor and subject to the following provisions:
(a) there shall be three arbitrators appointed in the manner following, that is to say:
(i) eitherparty may appoint an arbitmtorand on doing so shall forthwith
give notice in writing thereof to the other party:
(ii) the party in receipt of a notice of the appointment of an arbitrator as
aforesaid shall, unless it has already done so, within fifteen (15)
business days from the date of receiving the notice appoint an
arbitrator and give notice thereof to the other party:
lwe 7, 7000
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ME
(iii) if either party does not appoint an arilitratorwtthin the time limited.
under the preceding subparagraph H3jLijjj the other parry may apply
to a Judge of the Supreme Court of Ontario to appoint an arbi trator on
behalf of and at the expense of the party so in default:
(iv) the arbitrators appointed by or for the parties hereto shall appoint a
third arbitrator and, if they fail to do so within seven (7) days after the
last of them was appointed, either party at its own cost and on notice
to the other may apply to a Judge of the Supreme Court of Ontario to
appoint a third arbitrator:
(b) the arbitrator or arbitrators shall have the power to obtain the assistance, advice or
opinion of such engineer, architect, surveyor, appraiser. valuer or other expert as he
or they may think fit and shall have the discretion to act upon any assistance, advice
or opinion so obtained:
(c) the arbitrators shall in their discretion determine which and to what extent each parry
shall bear the costs and expenses of the arbitration:
(d) each of the parties will do all acts and things and execute all deed and instruments
necessary to give effect to any award made upon any such arbitration:
(e) the decision of the arbitrator or arbitrators shall be in writing and shall be binding
upon the parties hereto.
17. All payments and communications which may be or are required to be given by any party
to the other herein, shall (in the absence of any specific provision to the contrary) be in
writing and delivered or sent by prepaid registered mail or telecopier to the parties at their
following respective addresses:
For Blue Circle:
400 Waverly Road South
Bowmanville.ON LIC 3K3
Attention: Plant Manager
Facsimile No.: (905) 623-4695
With a copy to the attention of
Blue Circle America Inc.
Two Parkway Centre
1100 - 18 8 Parkway Place
Marietta, Georgia
30067 U.S.A.
Attention: Vice President and General Counsel
Facsimile No.: (770) 499-2830
For Hydro:
Ontano Hydro Networks Company Inc.
700 Universitv Avenue
Toronto, Ontario M58 IX6
Attention: The Secretary
lune 7. 2000
601521.RED
JUN 7 '00 15:11 416-965-1876 PAGE.011.
06T6: 06/01/00 TIM: 03:06 VM T0: 0-19 Xerpren 2 069-0306 616-363-16]6 PUIRS 012-020
Tl!
Facsimile No.:
For the Municipality:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Chief Administrative Officer
Facsimile No.: (905) 623-0830
and if any such paymentorcommunication is sent by prepaid registered mail, it sball,wbjert
to the following sentence, be conclusively deemed to have been received on the thiirf
business day following the mailing thereof and, if delivered or telecopied, it shall be
conclusively deemed to have been received at the time delivery or transmission,
Notwithstanding the foregoing provisions with respect mailing, in the event that it may be
reasonably anticipated that, due to any strike, lock -out or similar event involving an
interruption in postal service, any payment or communication will trot be received by the
addressee by no later than the third business day following the mailing thereof, then the
mailing of any such payment or communication as aforesaid shall not be an effective means
of leading the same but rather any payment or communication must then be sent by as
alternative means of transportation which it may reasonably be anticipated will came the
payment or communication to be received reasonably expeditiously by the addressee. Any
party may from time to time change its address hereinbefore set forth by notice to the other
of them in accordance with this Section. For the purposes of this Agreement, a "business
day' shall include every day except a Saturday, Sunday or statutory holiday.
18. This Easement shall be interpreted in accordance with the laws of the Province of Outlaw
and of Canada applicable therein, and the Transferor and Transferee irrevocably attom to the
jurisdiction of the courts of the Province of Ontario.
19. Expect as provided for below, neither the Transferee nor the Transferor shall be regarded=
being in default in performance of any obligation hereunder during the period of any
unavoidable delay relating thereto. For the purposes of this agreement "unavoidable delay'
means any delay for the duration of the delay which_ is imposed by reason of striker,
lockouts, riots, wars or acts of military authority, acts of public enemies, sab9,s j.
epidemics, washouts, noclearand radiation activity or fallouts, rebellion or civil common"
fire or explosion; flood, wind, water, earthquake or other casualty, orae Act of Godaii
act, omission or event whether of the land herein enumerated or otherwise not within the
control of the Transferee or the Transferor, as the case may be, none of which has been
caused by the deliberate default or actor omission by such party and none of which has been
avoidable by the exercise of reasonable effort or foresight by such party. Further, none of the
foregoing shall apply to any default by the Transferee which affects, damages or threatens
to affect or damage any transmission tower or footing therefore or any other electricity
transmission facility or equipment of. Fach of the Transferee and the Transferor shall notify
the other of the commencement, duration and consequence (so far as the same is within the
knowledge of the party in question) of any unavoidable delay affecting the performance of
any of its obligations hereunder within thirty (30) days of such knowledge.
20. The grantof perpetual easement rights under this indenture is subject to the express condition
that it is to be effective only if the provisions of section 50 of the Planning Act, R.S.O. 1990,
c. P. 13, as amended, are complied with. Until a consent or exemption under section 50 of the
said Planning Act is obtained, the term of this indenture is hereby reduced and amended so
that it is effective to but terminates at the expiration of twenty-one (21) years less one day
from and including the date hereof. The Transferor agrees that the Transferee may, at the
Transferee's expense, apply for a consent or an exemption pursuant to section 50 relating to
1u 7, 7000
Q1571.RED
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- io -
the grant of easement under this indenture at any time prior to the expiration of 21 yearsles,
one day from and including the date hereof. The Tmnsteror and the Transferee acknowledge
that upon the transferof this indenture to the Municipaiity in accordance with section 12(a),
such transfer to the Municipality would comply with the provisions of section 50 of the
Planning Act as it now exists.
lune 1, 2000
601521.HED
JUN 7 '00 15:12 416-965-1876 PACE.019
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m
-HEADER 1 -
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COMPARISON OF FOOTERS
-FOOTER 1-
triey-25zaaLL 2000
46i5i+5 401521.6
love 7, 2000
401521.RED
JUN 7 '00 I5: 12 416-985-1878 PACE.014
CAT[: 06/0]/00 y[: 03:06 JM 10: t .10-0306 116-365-1016 JAGCI 015-020
This redlined draft, generated by Compare Rite -The Instant Red[ iner. shows the differences between
original document : 1:`APPS\DOCSOPEN\W&FROSENMAW\0401521.05
and revised document: CWPPS\DOCSOPEN\W&F\ROSENMAW0401521.06
CompareRite found 4 change(s) in the text
CompareRite found 2 change(s) in the notes
Deletions appear as struck -through text
Additions appear as double underlined text
J6 r, 2000
401521.RED
JUN 7 '00 15:12 416-965-1876 PAGE.015
D11ri: 01/01/00 }SN[, 03:06 1. 10: 3mm• Nefferon � 869-0306 411-315-1816 pU&t 011-020
AMONG:
SCHEDULE III
TRANSFER OF EASEMENT
THISAGREFMENE made as of the davof
HYDRO ONE NETWORKS INC.
(hereinafter called "Hydro")
OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNCIPALITY OF
CLARINGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
-and-
BLUE CIRCLE CANADA INC.
(hereinafter called "Blue Circle")
WHEREAS:
OF THE THIRD PART
A. Hydro has entered into an easement agreement dated the _ day of
, 2000 which was registered in the Land Registry Office for the Regalry
LandTides Divisionof Durham(No. 40) on the _dayof 12000as
Instrument No. (the"EasementAgreement") in which Hydro transferred to Blue
Circle an easement over the Hydro lands as described therein for the purposes of the Westside Creek
Diversion.
B. Asprovidedinsectionl2(a)oftheScheduletotheEasementAgreement,BlueCimle
is transferring the rights and easements conferred by such Easement Agreement to the Municipality
with Hydro being a party for the purposes of reconfirming the grant of easements and other rights
under the Easement Agreement to the Municipality and for consenting to such assignment to the
Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSES for good and valuable
consideration the receipt and sufficiency of which by each of the parties is hereby acknowledged),
the parties agree as follows:
1. The parties hereto acknowledge, confirm and agree that the foregoing recitals are
true.
2. Save as expressly provided to the contrary in this Transfer of Easement Agreement,
any defined terms used in the Easement Agreement shall have the same meaning for
the purposes of this Transfer of Easement Agreemem.
3. Blue Circle hereby tmnsfers, setsover and assigns to the Municipalitv as of and from
the date of this Agreement, the Transferee's rights under the Easement Agreement;
but reserving to Blue Circle those rights expressly set out in the Easement
Agreement.
Jape 1, woo
a11663.RED
JUN 7 '00 15:13 416-365-1876 PAGE.016
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Blue Circle confirms to the Municipality that:
(a) the payments required to be made by Blue Circle to Hydro pursuant
to sections 2(b) and 2(c) of the Easement Agreement have been made
in full: and
(b) Blue Circle has completed the construction of the Westside Creek
Diversion Works in accordance with the Construction Agreementand
the terms of the Easement Agreement and that the monitoring period
after completion of the construction of the Westside Creek Diversion
Works has been completed with any defaults by Blue Circle having
been remedied to Hydro's satisfaction.
5. Hydro confirms to the Municipality that:
(a) the payments required to he made by Blue Circle to Hydro pursuant
to sections 2(b) and 2(c) of the Easement Agreement have been made
in full; and
(b) Hydro has received the reports from Blue Circles Consulting
Engineer and Geo- Environmental Engineer referred to in section 3 of
the Concoction Agreement and upon review of such engineering
reports, Hydro is not aware of any defaults by Blue Circle under the
Construction Agreement or terms of the Easement Agreement and
that the monitoring period after completion of the construction of the'
Westside Creek Diversion Works has been completed with any
defaults by Blue Circle of which Hydro is aware having been
remedied to Hydroh satisfaction.
6. Subject to sections 5 and 6 7, the Municipality agrees with Blue Circle and Hydra
that it will observe and perform the terms and covenants contained in the Easement
Agreement after the effective date of this Transfer of Easement Agreement and in
consideration thereof, Hydro hereby reconfirms the grant of easement contained in
the Easement Agreement in favour of the Municipality and consents to this Transfer
of Easement Agreemeat from Blue Circle to the Municipality; provided thatao&iog
herein shall release BlueCircle of any obligations underlie Easement Agrcweator
limit its liability under the Easement Agreement in accordance with its tertar6 aw
Circle ackpowledges and confirms, in favour of Hydro, that notwithstanding say
limitation of liability granted by Hydro to the Municipality, nothing in this
Agreement and in particular, without limiting the foregoing, the limitation of liability
in favour of the Municipality contained in section 7 below, shall not affect or limit
the indemnity obligations of Blue Circle given to Hydro under the Easement
Agreement. Hydroconfirms that Blue Circle has retained continuing rights underand
subject to sections 8, 12 and 13 of the Easement Agreement for access to the
easement strip for remedying defaults and to dispute and contest third party claims
for which it may be liable to Hydro.
Hydro agrees that the liability of the Municipality sed, its successors and CIRCA
during such period of time as tt the Municipality is the ho Iderof the easement interest
pursuant to the Ewemen. lgreement shall be limited to liability in respect of risks
insured against under the mprehensive General Liability Insurance policy referred
to in section 14 of the Easement Agreement which is issued to the Municipality with
coverage limits in the amount of the greater of $25,000,000.00 and the actual
coverage limits contained in the liability and casualty insurance held by the
Municipality from time to time in respect of liability for risks other than those
inetnied contracted by the Municipality under the Easement Agreement and this
Transfer of Easement.
J. 7. 2000
412663.aED
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0{T{: 06/07/00 TIME: 03:06 PM T0: 3.nn1 HPre-ren a 818-0306 414-3{3-18]6 PACS, 018-020
-3-
8. Blue Circle and Hydro hereto do in all other respects confirm that the Easement
Agreement :s in full force and effect, unchanged and unmodified except in
accordance with this Transferof Easement Agreement and so faras Hydro is aware,
there is no default by Blue Circle under the Easement Agreement.
9. This Transfer of Easement Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
10. This Agreement shall be interpreted in accordance with the laws of the Province of
Ontario and of Canada applicable thereto and the parties hereto irrevocably attorrl to
the jurisdiction of courts of the Province of Ontario.
IN WITNESS WHEREOF the parries hereto have duly executed this Agreement as of
the _ day of
'2000.
HYDRO ONE NETWORKS INC.
Per: _
Name:
rue:
Per: _
Name:
Title:
I/We have authority to bind the Corporation.
THE CORPORATION OF THE
MUNCIPALITY OF CLARINGTON
Per: _
Name:
Title:
Per: _
Name:
Title:
Me have authority to bind the Corporation.
BLUE CIRCLE CANADA INC.
Per: _
Name:
Title:
Per: _
Name:
Title:
I/We have authority to bind the Corporation.
I me r, woo
412663.RED
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-FOOTER I -
Ms) 25 Lune 7. 2000
OB663:4 412663.5
1. 3, moo
J12WIPED
JUN 7 '00 15:14 '16-365-1876 PACE. 016.
OAT6 06/01/00 TIM: 03:06 pry T0: O.nnor Xefr.ron P 068-0306 416-365-1016 PA , 020-020
5 -
This redlined draft, generated by CompareRite -The Instant Redliner, shows the differences between
original document :LWPPS\DOCSOPEN\W&F\ROSENMAW\0412663.04
and revised document: 1:WPPS\DOCSOPEN\W&F\ROSENMAW\0412663.05
CompareRite found 6 change(s) in the text
CompareRite found 2 change(s) in the notes
Deletions appear as struck -through text
Additions appear as double underlined text
1 D r. 20n0
a12Mi.RED
JUN 7 '00 15:14 416-365-1876 PACE.020
DATE. 06/:1/00 ':" 0]':5 PM TO: 0"nnu Nr[6"r"n t 818-0106 616-365 -:676 OW: 006-015
ATTACHMENT NO.
MAINTENANCE AND MONITORING AGREEMENT
AMONG:
THIS AGREEMENT made this day of
BLUE CIRCLE CANADA INC.
(hereinafter referred to as "BC")
and -
r111
OF THE FIRST PART
CENTRAL IAKE ONTARIO CONSERVATION
AUTHORITY
(hereinafter referred to as "CLOCA")
OF THE SECOND PART
and -
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
(hereinafter referred to as the "Mmakipality' ,.,
ter;
OF THE TTT
WHEREAS pursuant to Principles of Understanding dated November 3, 1997 as
amended ("Principles') between BC and the Municipality, BC is to construct and instep at BC's
cost, the Westside Creek Diversion Works and the Overflow Channel Works and is to it
the Fish Habitat, Mitigation and Compensation Measures set out in the Letter of Intent as
Schedule "B" of the Pdscipks, as such letter may be amended br-BE(tbe
construction and installation is referred to herein as the "Works" in accordance with
Creek Diversion Works Nan contained in Schedule RD' to the Principles and the
-
Works Plan contained inSchedule "E"to the Principles and the Measures contained in
to the Principles, copies of which are attached hereto as Schedules "A", "B" and "C" respectively and
are together referred to herein as the "Plans";
AND WHEREAS capitalized terms as used herein shall have the same messiag as
contained in the Principles, unless otherwise indicated.
NOW THEREFORE WITNESSETH that in consideration of the premiws'and
covenants hereinafter expressed, and the sum of Two Dollars (52.00) of lawful money of Comb,
now paid by each party to the other (the receipt and sufficiency of which is by each of dwPiaifes
hereto acknowledged) the parties hereto covenant and agree to and with each other, as foBosre-
}"� CONSI'Rtlr l ND IN¢rer , ATION BC will, by not later than Ayppg,(� spring
of 2(101 commence the construction and installation of the Works in aceordasenwith
the Plans, this Agreement and the Principles and will proceed to complete the Works
in good faith and with reasonable expedition, all at the cost and expense of BC and
in accordance with the Construction Schedule as provided in Schedule "J" attached
to the Principles, subject to Force Majeure and in a good workmanlike manner and
in compliance with all applicable laws and regulations. To the extent there is any
conflict between the terms of this Agreement and the Principles, then the terms of the
Principles shall prevail. Te Notwi_t_h-._tandin¢ anvthhina herein contained to the
lime Il. 2000
4t0zsc.RED
JAN '00 14: IS
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2 -
contrary. to the extent there is anv conflict between the terms of this Agreement and
the requirements of Hydro One Networks Inc. (the successor to Ontario Hydro and
for the purposes of this Agreement defined as "Hydro One'), in the easement and
construction agreements between Hydro One and BC for the Westside Creek
Diversion Area A (the "Hydro One Agreements'), then the tetras of the Hydra One
Agreements shall prevail.
2. Pggurraw3un o0o vwr c Without restricting the genemlity of the foregoing, BC
shall obtain at its cost, all required permits, approvals and consents as required by
any applicable laws or regulations, and in carrying out the construction and
installation shall eomplywith all applicable laws and regulations of any government
or other competent authority relating to the Works.
3.
1, Subject to the terms of the Hydro One Agreements, all works
undertaken by BC shall be subject to inspection by CLOCA, or its soteiuee, during
construction and installation; provided that except in the event of anemergeucy,prior
notice of such inspections shall be given to BC and any such ivsp.W not
interfere with or delay the timing or sequencing of BC's munuceine - _ - o,,.
This Agreement, the Schedules hereto, the Principles and
the Hydro One Agreements comprise the whole of the understanding of the parties
with respect to the Works and there are no other agreements, warranties, provisions
Of representations, oral, written or implied with respect to the Works.
�
(a) BC agrees upon any sale, transfer or assignment of the lands owned by BC which
form part of the Diversion Arca B and Overflow Channel Lands A as described in
Schedule "D" (the "BC Lands'), BC shall provide to CLOCA and the Mttgitdpslity
an agreement of the purchaser, transferee, or assignee to be bound by and comply
with all of the terms of this Agreement to the same extent as may then be applicable
in the future as if it had been named in this Agreement in the place and stead of BC.
(b) CLOCA and the Municipality agree upon any sale, transfer or assigemut of the
lands or interest in the lands owned by them on which the Woda ate, as
described in Schedule "E" (the 'Lands-) m a oaet� Will" o C3
insiggimmow CLACA or the Municipality shop previdelo BCjk
Pinch"", trauttm or assignee to be bound by and comply with aB A of dwt of
this Agreement to the same extent as may then be applicable in future as if It had
been named in this Agreement in the place and stead of CLOCA or the Mmicioality.
(a) If BC does not substantia Iv complete the Works as herein provided, and within the
times herein provided, subject to the terms of the Principles, the Measures, the Hydro
One Agreements, Force Majeure and the other provisions hereof, CLOCA upon
thirty (30) days' prior written notice to BC setting out in detail the alleged defaults
of BC and BC's failure within such notice period to propose a construction timetable
for the completion which has regard to the time restraints set out in the Principles,
the Measures and the Hydro Out Agreements and which is acceptable to CLOCA,
acting reasonably, and the failure of BC to complete the Works within the time set
r6W u. woo
410750.at9
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-3
out in such revised construction timetable and so long as the alleged defaults by BC
are not the subject of arbitration as set out in this Agreement, may complete the
Works at the cost and expense of BC, which reasonable out of pocket cost and
expense shall be immediately paid by BC to CLOCA upon accounts being tendered
from time to time-1=CA_does not exercise its riohta th;r r—. — a....
(b) BC shall indemnify and hold harmless CLOCA and the Municipality from and
against all losses, costs and expenses, claims, demands and actions for or on account
of all damages, losses or injuries arising as a result of the construction and
installation of the Works and the maintenanee. 10th 2„e —[—# L...
a11 r61rn-1- provleee Unit tx: shall not be Gable to CLOCA or the Municipality
for say loss, costs, expenses, claims, demands and actions which may be suffered or
sustained by CLOCA or the Municipality by reason of or arising in consequence of
any act or omission by CLOCA or the Municipality respectively or any person in law
for whom CLOCA or the Municipality respectively is responsible. In particular, but
without limiting the generality of the foregoing, BC shall remove from title to any
of the lands of CLOCA or the Municipality or on any of the Lands and the BC Lands
on which the Works are located, any liens filed pursuant to the ConsttuctioeLiatAct
of Ontario in connection with the Works within thirty (30) days of written notice of
such lice being given to BC.
(c) BC shall at all times have the right at its option and expense to dispute and contest
in the name of CLOCA or the Municipality any third party claims for which it
admits, in writing, that in the event such third party claim is held to be valid, BC is
liable to indemnify CLOCA or the Municipality, as the case may be, under this
section. CLOCA and the Municipality shall fully co-operate with BC and its counsel
in any proceedings with respect to any such third party claim and BC shall pay the
actual costs reasonably incurred by CLOCA and the Municipality. If BC does not
admit it is Gable to indemnify CLOCA or the Municipality under this section in
respect of the claim, CLOCA or the Municipality may assert any defence to such
third party claim as it deems reasonable in the circumstances without in any way
reducing the liability of 5C under this indemnification.
(d) If BC exercises the option to defend a third party claim, then the following provisions
shall apply:
(i) CLOCA or the Municipality, as the case may be, shall be kept fully
informed of all aspects of the conduct of the dispute and shall be
provided with copies of all correspondence related thereto;
(ii) the appointment of solicitors or other professional advisors shall be
subject to the prior approval, in writing, of CLOCA or of the
Municipality, as the case may be, in each case not to be unreasonably
withheld or delayed. Without limiting the foregoing, CLOCA or the
Municipality may engage its own counsel or other professional
advisors, all reasonable expenses of whom are to be for the account
of BC to review the conduct of such dispute and to advise CLOCA
and the Municipality with respect to the same;
(iii) BC shall not settle or compromise any third party claim or agree on
any matter in the conduct of the dispute which may affect the liability
of CLOCA or the Municipality to any person whatsoever without the
prior written approval of CLOCA or the Municipality, such approval
not to be unreasonably withheld or delayed and in any event, to be
approved if BC assumes the liability of such settlement or
compromise;
(iv) BC shall be entitled to reasonable access to all relevant books and
records of CLOCA and the Municipality and to their employees that
are necessary for the purpose of defending such third party claim;
rune u, 2000
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-4-
(v) If CLOCA or the Municipality, in each case acting reasonably,
believes there is liability for such third party claim which may be in
excess of any insurance then held by BC, or any contractor or
licensee of BC for such third party claim or if CLOCA or the
Municipality, in each case acting reasonably, believes that any insurer
in respect of same may deny coverage, then CLOCA or the
Municipality may at its option require BC to post such additional
seauityas maybe reasonably required to secure the potential liability
for such claim.
(e) BC shall provide, at is expense, and keep in force insurance of the type commonly
called "comprehensive general liability insurance", which insurancewill be with
insurers acceptable to CLOCA and the Municipality, both acting ri be with
(provided that if the insurers are acceptable to Hydro One, CLOCA. ani'. We
Muuieipality shall accept such insurers) and shall include coverage for pasaoaal
injury (including death), property damage and consequential damage all on n'per
occurrence" basis with respect to all operations carried on upon the lands on which
the Works are located or with respect to the Works by any party to this Agreement
with limits for any One occurrence or or claim of not less than Five Million Dollars
(35,000,000.00). Such insurance shall name CLOCA and the Municipauty as an
insured and contain a cross- liability clause, such insurance at the option of BC may
form part of MiGs blanket insurance policy and shall provide and the insum don
agree that such policy may not be cancelled or its coverage reduced wi*eo thirty
(30) days' prior written notion to CLOCA and the Municipality. BC siad keg on
deposit with CLOCA and the Municipality a certificete of such portlen ai!asy
blanket insurance policy and all renewals thereof and all endomemet". Hereof
sufficient to show at all renewals thereof and all endorsements thereof sufficient to
show at all tines the current status of such insurance as required under "section
and without limiting the generality of the foregoing, BC sha8 furnish Cl•A - and
the Municipality Proof of the renewal or replacement of every such Policy istjoast
one month Prior In the expiry of such policy. If and whenever BC fails R ly
with &a foregoing, CIRCA or the Municipality upon at least fifteen (i5)A_=_ ye:I_
notice oraoci sborterperiod as is available prior to the exp, RJiF
By of the metre ------
may affect such insurance for the benefit of CLOCA, the Mumcipslfty and BC
jointly and if CLOCA or the Municipality does so, any premiums paid by it Ask be
reonvemble from BC on demand.
(I) BC shall provide to CLOCA a complete set of as -built drawings for the Works
immediately following completion of the Works, but in any event, not later than one
hundred and eighty (180) days following substantial completion thereof.
(8) Subject to that tettan of the Hydro One Agreements, the Works, when ooneateryed,
shall be the property of the Party on whose property the Works are loatest
(a) CLOCA and the Municipality acknowledge that BC has continuing liability under
the Hydro One Agreements respecting the maintenance and repairs of the Weshide
Creek Diversion Work on the Westside Creek Diversion Area A and has acontiauing
material interest in protecting the BC Lands and its adjacent lands from floudingnnd
other damage which may result if the Works are not properly maintained .and
repaired. CLOCA and the Municipality agree that IBC shall be entitled to maiamin
and repair the Works in the manner provided by this Agreement and CLOCA and the
Municipality shall permit BC and its employees, agents and contractors to have
access to the Works and the Lands for such purposes. BC shall maintain the Works
in a good and substantial state of repair at all times and shall comply with all
applicable laws and regulations of any government or other competent authority
rehating to the Works.
(b) CLOCA and anyone acting pursuant to its authority at their own risk and except in
the event of an emergency upon reasonable prior written notice to BC, may at any
time enter on the Lands and inspect the Works and, subject to CLOCA first
complying with section 7(c) hereof,
Red ftpsir&"� oerfo�rm the
lime 11. NCO
4102SOJ=
ILN I1 '00 14:21
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:AL[: 0611:/00 ..1: 0 15 1. '0: 1-16 Xef Lecen ? 818-0306 116-365-
1876 r6riL 000-011
maintenance and repairs of the Work, in order to keep the Works in a good and
substantial state of repair to perform the functions for which the Works were
designed. Notwithstanding the foregoing, on taking orpermitting any of the actions
contemplated by this section 7(b), CLOCA shall not, beyond the extent reasonably
required, disrupt, damage or otherwise interfere with the operations of BC, and
acknowledges and agrees that to the extent maintenance and repairs to the Works are
required, CLOCA shall be entitled to make same so long as it first complies with
section 7(c) and gives prior written notice thereof to BC and obtains the prior written
consent of BC to such maintenance and repairs, such consent not to be unreasonably
withheld. The reasonable out of pocket cost of such maintenance and repairs shall be
borne by BC.
(c) CLOCA, before carrying out any of the maintenance and repairs as referredto in
section 7(b) hereof, shall give written notice to BC specifying the msiNus■steand
repairs required and the date by which the maintenance and repairssto be
conducted, which, except in the case of emergency and subject to Force a,
shall be not less than thirty (30) days or such longer period of time as may be
reasonably required from the date of the notice and if the maintenance asdrttp■Mia
repairs are not carried out within such period of time and if BC has not refewed the
matter to arbitration pursuant to section 8 hereof, CLOCA may perfksm. in a
reasonable manner and in Le manner reaeired by the Hydro One Aemm . Mich
obligation for the account of BC -i provided that m the event of a ppesiniaed
emergency and without prejudice to BC's rights under section8 hereof,CLOCUmn
be entitled to cure such default immediately and shall provide such previ■saislglice
as is reasonably passible to BC prior to so doing, but failure to provide sub notice
shall not impair CLOCA's right to cure such default in the event of a perceived
emergency.
(d) In the "cut that CIRCA remedies the default of BC pursuant to section 7(b and
section 7(c), BC shall be responsible for reimbursing CLOCA for all non. t
costs, expenses and damages reasonably incurred by CLOCA arising
default upon submission of a detailed invoice from CLOCA. If BC to
carry out such maintenance and repairs within the time period set out in
or fails to reimburse CLOCA for all costs, expenses and damages i ■
CLOCA, afterconsulmtion with the Municipality,shall be catitled(wi=
to its other rights) to terminate this Agreement upon thirty (30) business dayst iot(ce
to BC provided that contemporaneously with such notice to BC, CLOCA d"41so
provide a copy of such termination notice to the Municipality. CLOCA shall, upon
expiration of the said thirty (30) day period and subject to the followingbe assisted
to take possession of the Works, exclude from the Works and the Lands ayttg■Ilfas
claiming an interest under this Agreement and subject to any vvemmltYol.eedtna,
laws of legshtlo■s, maintain and repair the Works at the expense of BG
of pocket expenses reasonably incurred by CLOCA. This right of
subject to the qualification that if prior to such termination becoming effM. 4* BC
has served CLOCA with notice of arbitration with respect to the repairs and
maintenance or the costs thereof, such termination shall not be effective ad= and
until the arbitrators have determined that CLOCA is entitled to tetmi■■i.this
Agreement. Without limiting any other remedies of BC, the right of the knisi■aslo■
is further subject to the qualification that the right of CLOCA to termineft"Sot
be exercisable until BC has had a reasonable opportunity after completion of the
arbitration to cure the default.
rtirbitretiea
gT'y: ABB1TtU77ON. Without limiting the right of CLOCA to require the remedy of any
perceived detauIt prior to either the commencement or the conclusion of the
arbitration process provided for herein, any dispute which arises between the parties
hereto covceming any matter in connection with this Agreement shall be determined
by arbitration by either party giving written notice to the other of such dispute,
setting out the issues in dispute with sufficient particularity to permit the other party
to adequately respond thereto, and such arbitration shall be pursuant to the
Arbitration Act (Ontario), as amended, from time to time or pursuant to any
legislation substituted therefor and subject to the following provisions:
(a) there shall be three arbitrators appointed in the manner following, that is to say
Ila 11, 2000
410250.REa
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M
(i( either party may appoint an arbitrator and on doing so shall forthwith
give notice in writing thereof to the other para;
(ii) the partv in receipt of a notice of the appointment of an arbitrator as
aforesaid shall, unless it has already done so, within fifteen (15)
business days from date of receiving the notice to appoint an
arbitrator and give notice thereof to the other party;
(iii) if either party does not appoint an arbitrator within the time limited
under the preceding subparagraph (ii), the other parry may apply to
a Judge of the Supreme Court of Ontario to appoint an arbitrator on
behalf of and at the expense of the party so in default;
(iv) the arbitrators appointed by or for the parties hereto shall appoint
third arbitrator and, if they fail to do so within seven (7) days after the
last of them was appointed, either party at is jj own cost and on
notice to the other may apply to a Judge of the Supreme Court of
Ontario to appoint a third arbitrator
(b) the arbitmtor or arbitrators shall have the power to obtain the amistauce, advice or
opinion of such engineer, architect, surveyor, appraiser, valuer or other expert as he
or they may think fit and shall have the discretion to act upon any assistance, advice
or opinion so obtained;
(c) the arbitrators shall in their dismdon determine which and to what extent each party
shall bear the costs and expenses of the arbitration;
(d) each of the parties will do all acts and things and execute 211 deeds and instruments
necessary to give effect to any award made upon any such arbitration;
(e) the decision of the arbitrator or arbitrators shall be in writing and shall be binding
upon the parties hereto;
(f) the Municipality, at its option, shall be entitled to make representations at any
arbitration and CLOCA agrees to consult with the Municipality on the selection of
the arbitrator to be selected by CLOCA.
9. T OR'fitQatIN�77pN This Agreement shall not be terminated by any party
except u provided herein or except by mutual consent.
(a) The Municipality is to obtain a trasafer of the easement from Hydra One Networks
Inc- to BC for the Westside Creek Diversion Area A upon completion of the
Westside Creek Diversion Works located thereon and with respect only to such
portion of the Works and the Lands, has become party to this Agreement and to such
extent, shall be entitled to the benefits of and be bound by the provisions of this
Agreement Until such time as both CLOCA and BC are notifiedin writing of any
change, the Municipality hereby designates CLOCA as in agent on its bdmff cod
with its authority for ensuring that the maintenance and repairs of such part of the
Works on the Westside Creek Diversion Area A isUgperformed. The Municipality
and BC confirm that pursuant to section 22(b) of the Principles, the covenants,
provisions and terms in the Principles (save for title) shall not merge on the Closing
Date and that to the extent there is any conflict between the terms of this Agreement
and the Principles, then the terms of the Principles shall prevail;
(b) If the Municipality terminates CLOCA'sdesignation pursuant tosection l0(a)hereof,
then the Municipality shall have the same rights as CLOCA as set out in section 7
and section 8 with respect to the portion of the Works located on the Westside Creek
Diversion Area A.
(c) BC and CLOCA acknowledge and agree that the Municipality has authority to enter
into this Agreement, that every provision is authorized by the law and is fully
enforceable by the parties hereto, and that this Agreement is made by the
Municipality in reliance on the acknowledgment and agreement of CLOCA and BC
as aforesaid.
1u 11, woo
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'00 14:22
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7 ::S -.:5 in -ennaa rei(eron i'a- J06 < :876 \GL o:0-013
7
11. - N e1. All communications which may be or are required to be given by any
party to the other herein, shail lin the absence of any specific provision to the
contrary) be in writing and delivered or sem by prepaid registered mail or telecopier
to the parties at their following respective addresses:
For BC:
400 Waver. . South
Bowmanville,_.i LIC3K3
Attention: Plant Manager
Facsimile No: (905) 623-4695
With a copy to the attention of:
Blue Circle America Inc.
Two Parkway Centre
1100 - 188 Parkway Place
Marietta, Georgia 30067
U.S.A.
Attention: Vice President and General Counsel
Facsimile No: (770) 499-2830
For CLOCA:
Central Lake Ontario Conservation Authority
100 Whiting Avenue
Oshawa, ON LIH 313
Facsimile No: (905) 579-0994
For the Municipality:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Chief Administrative Officers
acsimile No: (905) 623-5717
and if such communication is sent by prepaid or registered mail, it shall, subject to
the following sentence, be conclusively deemed to have been received oa the third
basins qday following the mailing thereof and, if delivered or telecopied, it til" be
condusivdy deemed to have been received at the time of delivery or traestaission.
Notwithstanding the foregoing provisions with respect to mailing, in the event that
it may be reasonably anticipated that, due to any strike, lock -out or similar event
involving an interruption in postal service, any payment or communication will not
be received by the addressee by no later than the third business day following the
mailing thereof, then the mailing of any such payment or communication as aforesaid
shall not be an effective means of sending the same but rather any payment or
communication must then be sent by an alternative means of transportation which it
may reasonably be anticipated will cause the payment or communication to be
received reasonably expeditiously by the addressee. Either party may from time to
time change its address hereinbefore set forth by notice to the other of them in
accordance with this Section. For the purposes of this Agreement, a 'busmen day'
shall include every day except a Saturday, Sunday or statutory holiday.
12. [.ewsoFOwTsa�o. This Agreement shall be interpreted and governed by the laws
of the Province of Outario.
13. TIME OFTrre RSSENCE Time shall be of the essence of this Agreement; provided
that there shall be reasonable extensions of time to perform any obligation hereunder
arising from events of Force Majeure as defined in the Principles.
14. SU .e O AND Asef -Kq This Agreement will enure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns. This
Agreement may only be assigned by BC to a purchaser, transferee orawignee of the
tu« tt. tom
itorso.am
ItN 11 '00 tee:
4"-365-1876 PPOE. 10
0
111ti: Ol ] -013
_g
BC Lands. This Agreement may only be assigned by CLOCA to a purchaser,
transferee or assignee of the Lauds and by the Municipality to a purchaser, transferee
or assignee of the easement forming part of the Hydro One Agreements.
15. FURTHER ASSURANCY.S. Each parry shall do and execute all thiaM dads,
documents, acknowledgements, agreements and otherwise as may be masombly
required to carry out the purpose and intent of this Agreement.
HP�Ir21NGs. The headinits of this Ao .e ..t—Af6.
IN WITNESS WHEREOF the parties hereto have executed this Agreemaatasof
this _ day of 2000
June it. 2000
4102SO a M
ILN 11 '00 1423
BLUE CIRCLE CANADA INC
Per: _
Name:
Title:
Per:
Name:
Title:
We have authority to bind the Corporatiom..
CENTRAL LAKEONTARIOCONSERVA'i M
AUTHORITY
Per: _
Nanle:
rtle:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Name:
Title:
Per: _
Name:
Tide:
I/We have authority to bind the Corporation.
416-365-1876 PME.11
:ATE _..J :ME 01.:: PM b. Dannaa A.ff-- ! 868-JJ06 116-3c -416 IR : 012-013
-HEADERI-
El
COMPARISON OF HEADERS --------------- ---
COMPARISON OF FOO'T'ERS
-FOOTER I-
hisy 29: lune 11.2000
4}925&2 410250.3
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OATS: 06/11/00 71M : O2: 15 1. 10: 969-0306 616-365-1016 11 : 013-013
-lo-
This redlined draft, generated by CompareRite -The Instant Redliner, shows the differences between
original document :!:'APPSIDOCSOPEMW&FIROSENMAWA0410250.02
and revised document: 1:'APPS\DOCSOPEMW&RROSENMAVA0410250.03
CompareRite found 32 change(s) in the text
CompareRite found 2 change(s) in the notes
Deletions appear as struck -through text
Additions appear as double underlined text
1m 11. loco
4102SO.RED
JUI 11 '00 14:23
416-365-16% PAW. 13
SENT BY
GARDWER, ROBERTS
BXMWM and sol UOM
June 12, 2000
6-12- 0 ; 16:01 :GARDINER. ROBERTS 92- 416 868 0306:# 21, 2
DELIVERED BY FAX NO. (416) 365-1876
Mr. Wayne Rosenman
Weir & Foulds
Barristers & Solicitors
Feast Canadian Place
Fuge Tower, P.O. Box 480
Suite 1600 - 130 King Street West
Toronto, Ontario
M5X 1 J5
Dear Mr. Rosenman:
Re: CLOCA and Blue Circle
Our File: 64,274
Thank you for your letter of June 7th and your letter of June 9th.
ATTACHMENT NO. 4
Suitc 3100, Sootia Plaza
40 Krg Mrw Wex
Tom m, Cmada MSH 3Y2
Tdcpbmr. (416)1165 -MM
Facamllo: (416) 565.66M
RAY G. GOODWIN
DkW Lice: (4l6) M5-6601
F:mok �yoodwv�udioer-mbao.00m
We have had distant ussioos with our client subselluent to the meeting at your offices last week and wish
to advise as follows.
1. CLOCA will not require an easement over Part 4 of the West Side Creek Diversion draft plan.
2. CLOCA is prepared to forego a performance bond during construction if there is a provision
in the Maintenance and Agreement that the works are to be subject to the approval of
CLOCA following the provision of as -built drawings and its conducting a final inspect of the
works.
3. CLOCA will require that it be an additional insured on all insurance policies in relation to its
maintenance and monitoring functions with respect to the Blue Circle lands and Ontario Hydro
lands.
4. CLOCA has no concern with the creation of the noise attenuation berm at the upper limit of
Closure Area D.
5. CLOCA agrees to an easement in favour of Blue Circle over Parts 4, 10 and 7 of the revised
Waverly Road R -Plan.
JUN 12 '00 16:03 2 416 8656636 K(E. 02
SENT BY
1.1
8.
a
6-12- 0 : 16:00 :GARDINER, ROBERTS 92- 116 868 03063 1/ 2
COCA does wish to have emergency access over the outflow channel via the culvert to be
constructed at the westerly projection of Cedar Creek Beach Road.
We have received the draft revised Maintmence and Monitoring Agreement which
aecomparoed your letter of June 11, 2000 and although we have not had an Opportunity of
reviewing it with our client as yet, we would request that the language which you have
inserted in paragraph numbered 3 with respect to the determination of an emergency by
CLOCA be caned iffier the provisions relating to emergencies in the post construction period
as mattioned in paragraphs 7(b) and 7(e), together with the concept that the determination
by CIRCA exercised reasonably and in good faith that the event poses an immediate or
immanent danger shall not be subject to arbitration.
In the meeting at your offices, I believe it was agreed that wording would be added to the
Mamteance and Monitoring Agreement to provide that if and to the went that CLOCA is
required to carry out maintenance or repairs on the Hydro lands, it would be deemed to be
doing so as agent for Blue Circle.
CLMA baa Ww requested that the Maieteaance and Monitoring Agreement Provide for the
fencing which was agreed to by Blue Circle at the meeting at CLOCA's offices on May 5,
2o0Q. It was agreed that CLOCA would erect the fence and that Blue Circle would pay the
associated costa. The fence is to be of black vinyl chain link, six feet in height, with multiple
access Wints and would be installed following construction by Blue Circle of the works: 1
believe ibtf& Little also indicated that Byte Circle would require its contractor to erect And
maims a temporary fence in the same location duriogthe construction period.
I am in recmpt of a copy of Mr. Hefferon's letter of hunt 12, 2000 concerning your letter of June 11,
and his request for amendment to paragraph 6(a) of the draft Maintenance and Monitoring
Agreement. Although we appreciate that the Municipality does not wish to be see as being
responsible for the performance of the obligations of CLOCA, it does not appear to the writer that
the language of Section 6(a) imported any obligation but merely the right to step in if CLOCA were
not to exercise_ks dghts. Accordingly, we would prefer that Section 6(a) not be amended by
narowiag :aeW of dire Mmicipalit}ts rights Bathe eiraunstances mentioned.
We will cont&W Nee Chne concerning the current draft of the Maintenance and Monitoring
Agreement as w9p4or have obtained CLOCA's comments on it.
Ray G. Goodwin —
Direa Lan: (416) 865.6624
basis Hederon (Fax: 868-1306)
Alec CIWe (FLx: 416-365.1876)
s^e4K42741we1F.U'5
JUN 12 100 1603
2 416 8656636 PAGE.01
Weir & Founds
Barrsstcrs and Soi=ors
JP, Hmtilktn
M.J. McQuaid O.C.
O.M. Rug-DE'ye
R R Wozomlak
J. Lad
C.J. Tzokm
R. Anand
D.R. Rogrs
D.P. Fenquaon
MJ. Dou�hrN
O.R. Wn�igd
O.M. Freedmen
S.A. Mokxft
F E. W Alwyn
M.J. StaFsm
M.E. Polis
S.C. Wynn
M.S.ArdJhaid,O.C.
J D. MdCugar, C.M.. O.C.
A.S. Waken, O.0
N W.C. Ross
B Finlay, O.C.
F R. von Veh. O.C.
RW Rosenman
LJ. O'Connor
WAD. Miler
LC.E. Tanaka
P M. Prall
K. Prehogm
R.6. Warren
J.G. Cowan
J S.RYpmniak
BN. MdAw
J.D. CmubW
G.M.CCrplm
J.M. Buhknan
J.G. Richards
LA. Bonook
LM. Duffy
D.S Tarshis
R.H. Woman
AX Case
J. Rosolak
A.O. Formosa
J.BA. Wiknson
J. O'Suilvm
J.L Pendell
G.W. Arkedey,
D.S. Gown
B.H. lW.T.
5.0. Form
B.H. Kusmer
C. MCAUG Wallaca
S Rukovna
T. M. McDonald
KED. Snail
M.K Stephenson
A. Mockford
RJ. Cuckoo
KA. Bondace
R.M. Filson
M.D. Sharma
KA. Mullin
P.K Winchie
Mr. Dennis C. Hefferon
Barrister and Solicitor
2500 - 130 Adelaide Street West
Toronto, ON M5H 2M2
Dear Dennis:
ATTACHMENT NO. 4
Zmhan9e Tawr
Su le taco
a O. ami"a
130 W9 Saar Wag
Trento, Ontario Canad" M5K 1J5
'ai (416)n65-1110
Fee (416)3%-1676
Inlarral http/Asww.Warbulds.omi
R. Wayne Rosenman
E mai raseananQweirl0ukb.aan
Olreot Llne (416) 947 -SM
June 12, 2000
Re: Draft Maintenance and Monitoring Agreement among
Blue Circle, CLOCA and the Municipality of Clarington
I acknowledge receipt of your letter dated June 12, 2000 and I apologize if my letter to Ray
Goodwin caused any confusion. The Municipality has no obligation to expend funds to remedy any perceived
defaults of Blue Circle.
The point of my comment to CLOCA is that both the Municipality and CLOCA had the
option at their sole discretion to remedy work if they felt it was of an urgent nature. Blue Circle does not
believe that that eventuality will ever arise.
While I certainly will make the change that you requested, I would point out it restricts the
ability of the Municipality beyond the area covered by the Hydro easement to take any steps. If you wishthis
change, I will make it; but perhaps you might be in a better position if the portion of the seatetce
commencing with "then" in paragraph 6(a) was revised to read as follows: "... then the Municipality may aC
its sole option and without any obligation to do so, exercise the rights given to CLOCA under this section 6(a)
subject to the terms hereof ...
Again, I will make the change that you want as the intention is not to impose any obligation
whatsoever on the Municipality: but only to provide them an option should they decide to exercise it in the
future. Please let me know what you would prefer.
RWR/md
cc. Mr. Ray Goodwin (via facsimile)
Mr. Wilson Little (via facsimile)
Mr. Ian MacNaughton (via facsimile)
Mr. Philip McClendon (via facsimile)
Mr. Jim Schell (via facsimile)
Mr. Alec Clute
Mr. Mike McQuaid
::O DMA\PCDOCS\ W R K427671 \3
Yours truly,
Weir & Foulds
R. Wayne Rosenman
JL,N 12 '00 1420 416-365-18% PAGE. 02
DENNIS C. HEFFERON
BARRISTER & SOLICITOR
12 June 2000
BY FAX: 416-365-1876
Weir & Foulds
Barristers and Solicitors
Exchange Tower, Suite 1600
2 First Canadian Place
Toronto, ON M5X 1 J5
Attention: Mr. R.W. Rosenman
Dear Mr. Rosenman:
ATTACHMENT NO. 4
Telephone (416) 360.3326
Facsimile (416) 868-0306
Suite 2500
130 Adelaide Street West
Toronto. Ontario
M5H 2M2
TDX Box 38
Re: Blue Circle Canada Inc., CLOCA and the Municipality of Clarington: Draft
Maintenance and Monitoring Agreement Enclosed with Your Letter to Ray
Goodwin of June 11, 2000
The reference to the Municipality in your letter of June 11, 2000 to Ray Goodwin
surprises me. You state on page 2 in part:
"...CLOCA has the assurance that the Municipality is also a party to the
agreement. In such a highly unusual circumstance, if the Municipality believes
that there was such a serious issue which Blue Circle was not performing, it
clearly does have the financial resources to fund repairs on a temporary basis
which it could then claim back against Blue Circle."
The Principles of Understanding at present do not provide for the Municipality to be
a party to or to back up in any way any of the responsibilities of Blue Circle respecting the
Diversion Works and the Dykes in the Maintenance and Monitoring Agreement with CLOCA.
The only purpose for which the Municipality will become a party to the Maintenance and
Monitoring Agreement when the Fourth Amending Agreement is approved by Council and is
executed, is in respect of the Ontario Hydro easement area and is to provide for the
Municipality's, Blue Circle's and CLOCA's responsibilities with respect to that area.
- Page 2 -
Except in respect of the Ontario Hydro easement area the Principles of Understanding
as amended by the Fourth Amen&,g Agreement leave it to Blue Circle and CLOCA to
negotiate a suitable Maintenance and Monitoring Agreement.
In order to avoid any misunderstanding about this matter, please amend paragraph 6(a)
of the above draft Agreement to add the following before the word "then":
"in respect of the portion of the Works located on the Westside Creek
Diversion Area A after the easement in that area is transferred to the
Municipality by BC pursuant to its and the Municipality's agreement with
Hydro One Networks Inc.,".
Yours very truly,
DCH:bg Dennis C. Hefferon
C. Ray Goodwin, Gardiner, Roberts
David Crome, Municipality of Clarington
Stephen Vokes, Municipality of Clarington
Y
ATTACHMENT NO. 5I'I_T_
Ill
a'A51V'o
SUMMARY OF BY-LAWS
JUNE 26, 2000
BY-LAWS
2000-96 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Item 46 of
Report #1)
2000-97 being a by-law to amend By-law 99-152 being a by-law to appoint a
By-law Enforcement Officer (Item 98 of Report #1)
2000-98 being a by-law to amend By-law 90-178, being a by-law to regulate the
setting of fires within the Municipality of Clarington (Item # 17 of
Report #1)
2000-99 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Futuresign Multimedia Displays Inc.,
Ontario, in respect of the Marketing, Sale of Space and Production of Rink
Board Signs for the Garnet B. Rickard Recreation Complex and the
Darlington Sports Centre (Item 2a) of Report 91)
2000-100 being a by-law to amend By-law 91-58, as amended, being a By-law to
Regulate Traffic on Highways, Municipal and Private Property in the
Municipality of Clarington (Item #19 of Report #1)
2000-101 being a by-law to authorize the execution of the Fourth Amending
Agreement to the Principles of Understanding - Blue Circle Canada Inc.
2000-102 being a by-law to authorize a Transfer of Easement to the Municipality of
Clarington
2000-103 being a by-law to authorize the execution of a Maintenance and
Monitoring Agreement re: Westside Marsh
2000-104 being a by-law to amend By-law 84-63, the Comprehensive By-law for the
Corporation of the Municipality of Clarington (Approved by Council on
February 12, 1996)
2000-105 being a by-law to prescribe the height and description of lawful fences in
the Municipality of Clarington and to repeal By-law 89-46 as amended
(Item 912 of Report 91)
2000-106 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Thomas E. Brown, Ontario, for the
Architectural Services for the Courtice Community Complex Expansion
(Report TR -41-00)