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Home My WebLink About02-06-2023 JointClar*wn Joint General Government and Planning and Development Committees Post -Meeting Agenda Date: February 6, 2023 Time: 9:30 AM Location: Council Members (in Chambers or MS Teams) Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at Iatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of Council and Committee meetings. If you make a delegation or presentation or attend, the Municipality will be recording you and will make the recording public by on the Municipality's website, www.clarington.net/calendar. Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law, this meeting will recess at 12.00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1. Call to Order 2. Land Acknowledgement Statement 3. Declaration of Interest 4. Announcements 5. Public Meetings 6. Presentations/Delegations (10 minute time limit) 6.1 Inspector Stefanie Finateri, Durham Regional Police Service, Regarding 4 2022 East Division Outcomes 7. Reports/Correspondence Related to Presentations/Delegations 8. Communications *8.1 Correspondence from the Orono Business Improvement Area Regarding 15 2023 Budget Request for Improvements in Aesthetics and Functionality of Orono 9. Staff Reports and Staff Memos 9.1 Public Works 9.1.1 PWD-002-23 Authorization to Enter into a Rail Safety 21 Improvement Funding Agreement 9.2 Legislative Services 9.2.1 LGS-007-23 Nuisance Lighting 33 *9.2.2 LGS-008-23 Appointments to the Durham Active Transit 38 Committee, Durham Enviornment and Climate Advisory Committee, Orono BIA, Bowmanville BIA, Jury Lands Foundation, and Bowmanville Santa Claus Parade Committee (Attachment 1 Distributed Under Separate Cover) Page 2 9.3 Financial Services 9.3.1 FSD-002-23 Diane Hamre Recreation Complex — Diesel 45 Generator Installation 9.3.2 FSD-003-23 Newcastle Memorial Arena Refurbishment 49 *9.4 CAO Office *9.4.1 Mayor Foster - Small Modular Reactor Resolution 54 (During the meeting, Mayor Foster withdrew the motion) 10. Unfinished Business 11. Questions to Department Heads/Request for Staff Report(s) 12. Confidential Items 13. Adjournment Page 3 Clarington Council Update Year End 2022 Page 4 Overview • Roadway Safety • Compliance Checks • Calls for Service • General Occurrences • Project Redstart • Community Initiatives Name Christina Vaillancourt Jennifer Madore Allen Jewell Zeljko Matovic Eric Shaw Sharon Payton Lyndsay Riddoch Jasmyne Julien Ward 1000 900 900 700 600 500 400 300 200 100 0 Roadway Safety Motor Vehicle Collisions (018 - 0 2) ■ MVC (No Injuries) ■ ru1tid',"' (Injuries) 104MUSEN4 M3 zals 2019 2020 zozs Tickets Issued � MVC Fata I 3690 3845 . j 4%• I 2022 Traffic Stops 4723 4592 ice. •�� -3% Traffic Cautions 990 1062 ECTRITifflils- 7% o� A0 to am 350 300 250 200 150 100 50 g 2017 Compliance Checks Complai nce Checks (017 - 0 2) ■ Claring_on ■ Eas Division 2018 2019 2020 Pagg2l 2022 Clarington 105 153 46% East Division 184 219 • - 19% 20000 18000 16000 14000 12 000 10000 8000 6000 4000 2000 0 Calls for Service CIari ngton Calls for Service (2018 - 202 ) ■ CI a ri ngton ■ U ruent Emergency 1315 1426 1315 1261 018 2019 2020 2 0 25age 10 Clarington Total 17903 18239 Urgent M 5523 6176 • - R 12% Emergency 1261 1385 2022 ° o A0 to General Occurrences General Occurrences (2018 - 2022) 1600 ■ Violent Crime ■ Property Crime Other Crimi nal Code Violations Controlled Drug and Substances Act (COSA) 1400 1200 1000 800 600 400 200 11 149 69 0 2018 187 29 2019 171 38 2020 160 30 2021 Page 11 194 24 2022 Violent Crime •- 1 22% Property Crime . .- , 11% Other Criminal Code Violations 21% Controlled Drug and Substance Act (I • • - I -21 • 180 160 140 120 1100 so 60 40 20 0 Stolen Vehicles Vehicle Theft.s(2018 - 202 ) � aarington � East Division 2018 2019 2020 2021 2022 Page 12 Community Initiatives Food and Toy Drive Cram -A Cruiser Canada Day Celebrations Multiple Santa Clause Parades CP Holiday Train Orono Fair Parade Bethesda House Walk Page 13 Thankyou. Questions? Al Page 14 Orono DBIA Main St. Orono, ON LOB 1 MO January 27, 2023 To the Municipality of Clarington, As we head into 2023 a number of concerns and requests have been identified by the businesses and property owners along Orono's Main Street. At this time the Orono DBIA are formally requesting assistance with the following: • West side Main St. wrought iron poles to be cleaned and painted to cover rust before June 1st when the banners will be installed on the poles. • Landscaping and walkway installation on the S. Rutherford Trail entrance to distinguish between the start of the trail and the private property next door as it is confusing to visitors and residents a like who fear they are trespassing and to prevent cars from parking over the entrance • Parking issues continue to be a financial detriment for businesses as many apartment residents park on Main street. Due to the historic layout of the village, finding alternates on side streets or renting spots nearby has proved to be a challenge. Currently we estimate 26% of available parking is steadily occupied by residents and calls to By Law concerning the issue have gone unanswered. We request an increased presence of By Law to issue tickets however this not our preferred resolution. The Orono DBIA would prefer the municipality find a permanent solution that works for residents and businesses. • As the Orono DBIA continues to strive to make improvements in aesthetics and functionality of our downtown we are asking to access $6500.00 of the `Big Box' Development Fund for purchases and improvements to signage, banners and lighting As the Orono Town Hall celebrates 125 years with a variety of activities throughout 2023 and an increase of new residents and day trippers visiting Orono we wish that all residents and visitors are able to enjoy their financial and social interaction in our village safely and enjoyably. Page 15 Orono DBIA January 27, 2023 Request for West End Development `Big Box' Fund Breakdown Item A — Canadian flag pole banners, FINAL COST $1472.03 Item B — Winter Festivities pole banners QUOTE $1727.73 Item C — Sid B Rutherford trail map signs FINAL COST $ 550.17 Item D — Solar LED lights for highway 115 sign to replace electric QUOTE $2486.00 We would very much appreciate being notified of the date these issues will be presented at Council. Respectfully yours, Gavin Crabb Chairperson Orono DBIA Page 16 Clash Electric / General Contracting P.O. Box 10073 Whitby RPO Queen's Common ON L1B 1L9 gavin@clashelectric.com www.clashelectric.com GST/HST Registration No.: 813896693 Estimate ADDRESS ORONO D.B.I.A. P.O. BOX 577 Orono ON LOB 1 MO ESTIMATE # 1582 DATE 27/01 /2023 DESCRIPTION QTY RATE AMOUNT Orono Sign Lights 2 725.00 1,450.00 LE D-RP-SDL-20W-40K-BK-G 1 20W SOLAR DISPLAY LIGHT Ordered As: RP-SDL-20W-40K-BK-G1 LED-RP-SDL-BK-LB-G1 LONG ARM BRACKET W/ ADJUSTABLE SCREWS Installation of lights 1 750.00 750.00 .......................................................................................................................................................... Please note this estimate is valid for 30 days. SUBTOTAL 2,200.00 HST (ON) @ 13% 286.00 TOTAL $2,486.00 Accepted By Accepted Date Interest Charges of 2% per month for overdue accounts will be applied. HST AA896693 James Printing & Signs 380 Lake Road Bowmanville, ON L1 C 4P8 T.905.623.8001 F.905.623.0216 www.jamesprint.ca ORONO BIA JOB NAME: X21 POLE BANNERS SIZE: 23.5" x 49.25" QUOTATION January 24th, 2022 QUOTE #: OROBIA012423-CM EST REF #: PO#: MATERIAL: 23oz Banner, 4/4, 4" Loop Hem, Double Stitched, Webbing, Grommeted FILES: Designed By James Printing & Signs INSTALLATION: Supply Only $1528.96 plus hst Thank you for the opportunity to quote. Constance Mallon, Senior Designer constance@jamesprinting.co Quotation is valid for 30 days and is based on the specifications above. We will provide a new quote if the specifications change. Applicable taxes are extra. Design time is billed at $75/hr and includes 2 proofs if file is not provided. If additional proofs or design time is required you will be notified and billed accordingly. All C.O.D.'s require a 50% deposit, and balance to be paid by cash, debit, certified cheque, Visa, Mastercard or Paypal. If the job is cancelled anytime during production design time and materials will be deducted from deposit. Shipping is not included in above prices. James Printing & Signs is a Division of James Publishing Company Limited. Page 18 JAMES PRINTING & SIGNS PRINT • GRAPHIC DESIGN • SIGNS 380 Lake Road, Unit 10 Bowmanville, ON Ll C 4P8 Phone: 905-623-8001 • Fax: 905-623-0216 Vi accounting@jamesprint.ca Invoice ORONO BIA 2-1 5620 April 26, 2022 Easy Payment Options VISA �,, aypat- Attention:: GAVIN P11 Follow Us on Facebook Quantity: 4 Description: Trail Map Signs Output Device 1: HP Scitex FB950 Output Device 3: Substratel : Alupanel 3mm 4 x 8 white Substrate 3: Materialsl : Materials 2: Colour Side A: Process Colour Side B: Graphic Design: We Design Delivery: Contact when ready Other: Additional Information P.O. Number: Customer Orono BIA Size: 24"x36" Output Device 2: Axyz CNC Table Output Device 4: Terms: Net 30 Days • 2% Interest per Month Charged on Overdue Accounts H.S.T. #102574357 RT0001 Substrate 2: Substrate 4: Services 1: Services 2: BASE PRICE $486.88I SUB TOTAL $486.88 Adjustment $0.00 PRICE $486.88I H.S.T. 63.29I TOTAL $550.17 Deposit 550.17 CR IMPORTANT • Please Detach and Return • IMPORTANT Invoice Date Tue, Apr 26, 2022 Total $0,00I Customer Code Invoice Number OROBIA 2-15620 Amount Paid Page 19 JAMES PRINTING & SIGNS PRINT • GRAPHIC DESIGN • SIGNS 380 Lake Road, Unit 10 Bowmanville, ON L1 C 4P8 Phone: 905-623-8001 • Fax: 905-623-0216 Vi accounting@jamesprint.ca Invoice ORONO BIA 2- 1 562 1 May 27, 2022 Easy Payment Options VISA �,, aypat- Attention:: GAVIN III Follow Us on Facebook Quantity: 21 Description: Pole Banners - Canadian Flag Output Device 1: Output Device 2: Output Device 3: Output Device 4: Substratel : Substrate 2: Substrate 3: Substrate 4: Materialsl: Services 1: Materials 2: Services 2: Colour Side A: Process Colour Side B: Process Colour Graphic Design: We Design Delivery: Contact when ready Other: Additional Information P.O. Number: Customer Orono BIA Terms: Net 30 Days • 2% Interest per Month Charged on Overdue Accounts H.S.T. #102574357 RT0001 Size: 23.5"x49.25" BASE PRICE $1302.68I SUB TOTAL $1,302.68 Adjustment $0.00 PRICE $1,302.68I H.S.T. 169.35I TOTAL $1,472.03 Deposit 1,472.03 CRI IMPORTANT • Please Detach and Return • IMPORTANT Invoice Date Fri, May 27, 2022 Total $0.00I Customer Code Invoice Number OROBIA 2-15621 Amount Paid Page 20 Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: February 6, 2023 Report Number: PWD-002-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Authorization to Enter into a Rail Safety Improvement Funding Agreement Recommendations: 1. That Report PWD-002-23 and any related delegations or communication items, be received; 2. That the Mayor and Clerk, on behalf of the Corporation of the Municipality of Clarington, be authorized to execute the Rail Safety Improvement Funding Agreement for the grade level crossing maintenance and improvements on Lakeshore Road (Mile 152.9, Belleville Subdivision), between the Canadian Pacific Railway Company and the Corporation of the Municipality of Clarington; and 3. That all interested parties listed in Report PWD-002-23 and any delegations be advised of Council's decision. Page 21 Municipality of Clarington Page 2 Report PWD-002-23 Report Overview The Municipality of Clarington has been requested to enter into a cost sharing agreement with CP rail for maintenance and improvement work at a grade level crossing on Lakeshore Road (Mile 152.9, Belleville Subdivision) in Newtonville. CP Rail has submitted a Rail Safety Improvement Program (RSIP) funding application for 2023 to mitigate costs. As per an existing Board Order, Clarington is responsible for 50% of the costs. The costs are estimated to be between $8,000 and $16,000 depending on approval of grant funding. The report is written to provide authorization for the Mayor and Clerk to execute the agreement with CP Rail. 1. Background 1.1 On January 21, 2019, Transport Canada submitted a Letter of Concern to the Municipality of Clarington (Clarington) and the Canadian Pacific Railway Company (CP) identifying a developing issue related to insufficient light units to provide effective distribution on the northwest warning signal. Transport Canada recommended corrective action for the deficiency (Attachment 1 & 2). 1.2 On July 8, 2022, CP contacted Clarington requesting to enter into a Rail Safety Improvement Funding Agreement to complete warning system improvements relevant to the safety of the Crossing, as described in the cost estimate (Attachment 3). 1.3 As stated in Board Order R-10334, dated December 4, 1970, Clarington is responsible for 50% of the cost of the maintenance and operation of the warning system at this grade crossing (Attachment 4). 1.4 Canada's federal Ministry of Transportation (Transport Canada) administers the Rail Safety Improvement Program (RSIP) and provides grants and contribution funding to improve rail safety, including safety improvements to existing rail lines, closure of grade crossings, and initiatives to raise awareness about rail safety issues across Canada. 1.5 The work contemplates upgrades to the crossing warning system which may be eligible for funding under Transport Canada's RSIP. CP applied for funding on August 1, 2022. 2. Approach 2.1 CP shall complete the Work, including the procurement of all materials and labour at its sole discretion and in accordance with applicable laws, to its own satisfaction. 2.2 Before formal notice of funding approval from Transport Canada, CP may design the warning system and retain any required third -party engineering services for the Work. Page 22 Municipality of Clarington Page 3 Report PWD-002-23 2.3 Before formal acknowledgement of funding approval from Transport Canada, CP may order any materials required in connection with the Work. 2.4 Upon release from Transport Canada, CP will notify Clarington as to the status of the Application including whether or not Transport Canada has granted the requested funding. 2.5 On or before November 28th, 2023, CP will complete the Work. 3. Financial Considerations 3.1 The estimated cost of completing the Work is $33,640, as further described in Attachment 3, which may vary depending on market or site -specific conditions. 3.2 CP submitted an RSIP Application to Transport Canada seeking funding for 50% of the estimated cost or approximately $16,820 (CAD). If this amount is approved by Transport Canada, the costs will be apportioned as follows: Description Percentage of Estimated Cost Cost (CAD) Transport Canada (RSIP) 50% $16,820 CP Rail 25% $8,410 Clarington 25% $8,410 3.3 If the application for RSIP funding is not approved by Transport Canada, the cost will be apportioned as follows: Description Percentage of Estimated Cost Cost (CAD) CP Rail 50% $16,820 Clarington 50% $16,820 Page 23 Municipality of Clarington Page 4 Report PWD-002-23 3.4 Clarington's costs will be accounted for through the Safety Devices / Railway Crossing Maintenance / Improvement account in the 2023 Public Works Operating Budget. 4. Concurrence This report has been reviewed by the Deputy CAO / Treasurer who concurs with the recommendations. 5. Conclusion It is respectfully recommended that the Mayor and Clerk, on behalf of the Municipality of Clarington, be authorized to execute the agreement between the Canadian Pacific Railway Company and the Municipality of Clarington. Staff Contact: Kevin Heathcote, Capital Works Supervisor, 905-623-3379 ext. 2302 or KHeathcote@clarington.net. Attachments: Attachment 1 — Letter of Concern Re: Signal Inspection to Clarington, Transport Canada Attachment 2 — Letter of Concern Re: Signal Inspection to CP Rail, Transport Canada Attachment 3 — Schedule `A', Cost Estimate Attachment 4 — Board Order R-10334 Interested Parties: The following interested parties will be notified of Council's decision: Tyler C. Pattyn, Supervisor, Crossing Compliance, CP Rail Page 24 Attachment 1 to Report PWD-002-23 Transport Transports Canada Canada Ontario Region Ontario Region Surface Suite 300 4900 Yonge Street Toronto, ON M2N6A5 LETTER OF CONCERN January 21, 2019 Mr. Daniel Shannik Signal Supervisior Canadian Pacific Railway Company Subject: Signal Inspection Dear Mr. Shannik, Our file: RSIG - 5205725 I am a Railway Safety Inspector designated by the Minister of Transport under subsection 27(1) of the Railway Safety Act (RSA). On January 14, 2019, I performed an inspection of Canadian Pacific Railway Company and identified a concern as detailed in the attached appendix. It was determined that there are insufficient light units to provide effecttive distribution of light within the distances specified for the front light units within SSD on the NW signal. This condition will be considered a non-compliance at the end of the 7 year phase in period which is November 28 2021. Canada Page 25 Should you require additional information on this matter, please do not hesitate to contact me, at (647) 278-5754 or by e-mail at john.valencik@tc.gc.ca. Yours sincerely, 1 CJ John Valencik Signal Systems Inspector (Badge ID: 30022) Rail Safety CC: Chris Bunnett, Manager, Signals and Communications, Canadian Pacific Railway Company Stephen Spencer, Assistant Director, Signals and Communications - East, Canadian Pacific Railway Company Raymond Fowler, Roadmaster, , Canadian Pacific Railway Company Page 2 of 3 Page 26 Transport Transports Canada Canada Transport Canada Rail Safety - Signals Inspection Report Railway Company Canadian Pacific Railway Company Summary 2019-01-14, Ontario Region, Reference #: 5205392 TC Inspector ohn Valencik Concerns Responsible Location Description Corrective Action Ref. # Authority AWS: Mile 152.90, Belleville Canadian Pacific AWS - Functionality and Operation Developing issue for Railway, corrective action is recommended: - Enter corrective actions 5205455 Subdivision (Canadian Pacific), Railway Company here - Glovers Road (Lakeshore Road), (Y) Details: CrossingID: 19086 7b - Light Unit Configuration (light units cover all road Effective As Of. - If not immediate, enter implementation date here - approaches) - (1) of Developing Issue - GCS Article 13.1 - insufficient light units to provide effecttive distribution of light within the distances specified for the front light units within SSD on the NW signal. Canada Page 3 of 3 Page 27 Attachment 2 to Report PWD-002-23 Transport Transports Canada Canada Ontario Region Ontario Region Surface Suite 300 4900 Yonge Street Toronto, ON M2N6A5 LETTER OF CONCERN January 21, 2019 Mr. Slav Potrykus Clarington, Municipality of Subject: Signal Inspection Dear Mr. Potrykus, Our file: RSIG - 5205783 I am a Railway Safety Inspector designated by the Minister of Transport under subsection 27(1) of the Railway Safety Act (RSA). On January 14, 2019, I performed an inspection of Canadian Pacific Railway Company and identified a concern as detailed in the attached appendix. This is for your information only. Should you require additional information on this matter, please do not hesitate to contact our Duty Line at 416-973-7074. Yours sincerely, John Valencik Signal Systems Inspector (Badge ID: 30022) Rail Safety Canada Page 28 Transport Transports Canada Canada Transport Canada Rail Safety - Signals Inspection Report Road Authority Clarington, Municipality of Summary 2019-01-14, Ontario Region, Reference #: 5205392 TC Inspector ohn Valencik Concerns Location Responsible Description Corrective Action Ref. # Authority AWS: Mile 152.90, Belleville Canadian Pacific AWS - Functionality and Operation Developing issue for Railway.- Enter Optional Response Comment Here - 5205455 Subdivision (Canadian Pacific), Railway Company Glovers Road (Lakeshore Road), (Y) Details: CrossingID: 19086 7b - Light Unit Configuration (light units cover all road approaches) - (1) of Developing Issue - GCS Article 13.1 - insufficient light units to provide effecttive distribution of light within the distances specified for the front light units within SSD on the NW signal. Canada Page 2 of 2 Page 29 Attachment 3 to Report PWD-002-23 SCHEDULE "A" THE WORK File: Signals & -Comm unicaticns Raad: Lakeshore Food Date: 2022-0&24 Estimate of cost to Add side light tG Dover all road approadues at the crossing of Lakeshore road irdnear Clarington, Ontario and mile 152.90 Bel "I a subdivision_ MATERIAL: Gate assemblies, Gale arms, Light units (LEGS), Masts, Cantilevers, etc_ $2,20C Constant Warning Time Control equipment accessories, etc. Insulated Joirrts_ eio. Battery cells Foundations, Tunnel Liner, etc. Wire, Cable, Bonds, etc. 570C Housing Material Miscellaneous Materials S 1,00C MATERIAL: SubTolal: es gc" Material Overheads (iB% Sched C) S7c_ LABOUR: Labour (InstAa6an) $0,00C Labour (Stadmory Leave): CW% Sohed 8} $2,91 C Labour (Supervision, Adm inisaation General): (63 % Sdred 8) $6,97C Labour (Travel 8 Expenses): Sahed I] $2,70C LABOUR: Sub Total: 119,98C SERVICES: Engineering Services Design $6,00C Transport 8 Rental of EquiPMEnt $1,00C Hydro ServiDes U SERVICES: Sub Total: $6,00C Estimate Sub Total: 330,582 Conlin encies. 10% : $3,058 Estmate Total: $3 UO Annual Schedule A Maintenance cost, Standard Rate Type 2: 57.110 Estimate is subject to the Canadian Guide to Railway Charges for Crossing Maintenance and Consiruation races in effect at time of construction, otherwise valid for one year from dale of issue unless Superseded_ Estimate shows present known material prices and arrtia paced labour effort required_ Final billing will show acwal price paid and actual labour effort expended. Estmate is based cn work during frost -free ground conditions. Unless spedfied in the description above, the estimate does not include any casts assacialed with relocation of underground utilities or overhead vdres_ director Signals and Communiratiow, Design Signals & Communications Page 6 Page 30 Attachment 4 to Report PWD-002-23 COM-0 WON CANAMENNE UFS Tf2ANS:'ORY'S RAII,WAY TRANSPORT CODIAI:TTEE ORDER NO. R- 10334 December 4, 1970 Ottawa IN THE MATTER OF the installation of automatic protection at the crossing of the railway of the Canadian Pacific Railway Company and Glovers Road, in the Township of Clarke, in the Province of Ontario, at mileage 15, ,_,2P Belleville Subdivision: File No. 42307 UPON reading the submissions filed; IT IS, ORDERED THAT: 1. Within ten months from the date of this Order, the Canadian Pacific Railway Company shall install and thereafter maintain flashing light signals and bell at the crossing of _its railway and Glovers Road, in the Township of Clarke, in the Province of Ontario, at mileage 152.90 Belleville Subdivision. 2. The said protection shall be installed in compliance with the requirements of General Order No. E--6 of the Board of Transport Commissioners for Canada. 3. Eighty per cent of the cost of installing the said protection or the sum of $11,370.00, whichever is the lesser, shall be paid out of The Railway Grade Crossing Fund; twelve and one-half per cent of the said cost shall be paid by the Tm%mship of Clarke, in tho Province of Ontario, and the balance of the said cost shall be paid by the Canadian Pacific Railway Company. Page COIIITE DES TRAN SPORTS PAR CHI? .IIN DE EVER ORDONNANCE No R- 103311. Le G. decembre 1970 Ottawa RELATIVE d 1'i_nstallation d'un systeme de protection automatique au croisement de la voie ferree de la Compagnie de chemin de for du Pacifique-Canadian et du; chemin Glovers, dans le canton de Clarke, dans la province d'Ontario, au point milliaire 152.90 de la subdivision de Belleville: Dossier no 42307 APRES lecture des pieces d.eposees - IL EST ORDONNE CE QUI SUIT: 1. Dans les dix mois de la date de la pr4sente ordonnance, la Cormpagnie de chemin de for du Pacifique--Canadien devr. a installer. et, par la suite, entretenir des signaux clignotants et une sonnerie au croisement de sa voie ferr6e et du chemin Glovers, dans le canton de Clarke, dans la province d'Ontario.au point milliai_re 152.90 de la subdivision de Belleville. 2. Ledi.t systeme de protection devra etre installe conformement aux prescr:i_pti.ons de 11ordonnance gQn�rale no E-6 de la Commission des transports du Canada. 3. Quatre•-vingts pour cent du coot de 1'i.nstall.ati.on dud_it systbme de protection, ou la somme de $11,370 si cette somme esi; moins elevee, seront preleves sur la Cai_ssc. des passages � niveau, dou^.e et demi pour cent seront payes par le canton de C1,.:rke, dans la province d'Ont Lo et. �.e rel.iquat dudit tout sera 'a _la chime de-1 C:o.�iagnie de chemin de fer &VTAHDga e.�tnadien. Vice-Pre,kdr_'nt Chief Engineer signal Engineer V. P. & com'atrouer Director of Corp. Accounts Chief Joint Facility Acwu lta,4t M . Mdse. Sr 103 31 of Dew ORDER NO. R-10334 4. Fifty per cent of the cost of maintenance and operation of the said protection shall be paid by the Township of Clarke, in the Province of Ontario, and fifty per cent of the said cost shall be paid by the Cdnadian Pacific Railway Company. ORDONNANCE N R- 10334 4. Les frais d'entretien et de fonc- tionnement dudit systbme de protection seront payes dans la proportion de cin- quante pour cent par le canton de Clarke, dans la province d'Ontario et de cinquante pour cent par la Compagnie de chemin de, fer du Pacifique-Canadien. (Signed) (Signature) C.W. Rump Secretary, Secr4t9ire, Railway Transport Committee. Comite des transports par chemin de fer. - 2 - Page 32 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: February 6, 2023 Report Number: LGS-007-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Nuisance Lighting Recommendations: 1. That Report LGS-007-23 and any related delegations or communication items, be received; 2. That the By-law attached to Report LGS-007-23, as attachment 1, be approved; and 3. That all interested parties listed in Report LGS-007-23 and any delegations be advised of Council's decision. Page 33 Municipality of Clarington Report LGS-007-23 Report Overview Page 2 A report to amend the Municipality of Clarington's Nuisance bylaw, to address an increase of lighting concerns from residents. 1. Background 1.1 At the November 20, 2022, General Government Committee meeting, Council considered correspondence from Laura Lee Carey requesting Council to enact a by-law to regulate nuisance lighting and referred the correspondence to staff to report back. 1.2 In 2020 staff reported LGS-001-20 to the General Government Committee, as a result Council passed Resolution GG-365-20 approving bylaw 2020-070 to amend the Property Standards By-law; • Residential exterior lighting fixtures shall be installed and maintained so as to prevent the light from being pointed directly at any other property. 1.3 In 2020 staff reported there had only been two complaints related to residential lighting in the past five years. Over the last two years that has increased to approximately ten complaints. 1.4 The latest complaints received have mostly been noted to be in compliance with the last amendment. Being that the lights are positioned in a manner that are not directly pointed at an adjacent property and are more related to light trespass or a perceived nuisance. Discussion 1.5 The Municipality of Clarington's current By-laws do not have the appropriate wording to address exterior lighting that may cause a nuisance due to excessive light trespass, brightness, or animations. These types of disturbances are generally created by the installation and use of soffit lights and high lumen LED lights. The installation of soffit lighting on homes that may be at a higher elevation and within close proximity to neighboring properties are becoming more of a trend and include soffit lights along the side and rear yards. 1.6 Staff reviewed Municipalities that regulate excessive lighting, light trespass, or nuisance lighting. Nuisance lighting is regulated in various ways by many Municipalities, and includes regulations through Property Standards, Nuisance By-laws, and stand-alone Lighting By-laws. Page 34 Municipality of Clarington Page 3 Report LGS-007-23 1.7 Clarington's Property Standards By-law regulates minimum standards for the maintenance and occupancy of property within the Municipality and ensures that any deficiencies are addressed through repair, removal, or replacement. The past amendment allows Officers to remedy deficiencies regarding lighting when there is a noticeable correction to be made due to the position of a light source in line with the purpose of Property Standards. 1.8 Clarington's Nuisance By-law regulates public nuisance and disturbances that occur in public places within the Municipality. The definition of "Nuisance" includes; • anything which is injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. • any other activity or conduct that is disorderly, annoying, unpleasant or obnoxious. The definition of "Public Place" includes a highway and any place to which the public has access as of right or invitation, express or implied, and private property that is exposed to public view, whether or not the property is owned by the person contravening the by-law. 1.9 Section 128 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances. Residents that experience disruptions due to the effects of excessive lighting on an adjacent property generally express that the lighting is a nuisance and causes a loss of enjoyment of a property. The Nuisance By-law currently only applies to nuisances that occur on public property. As excessive lighting is more fitting to the definition of a nuisance, a solution to address this issue would be to amend the existing Nuisance By- law rather than the Property Standards By-law. If Council wishes to move forward with this solution, the attached amendments is the solution proposed (Attachment 1). 1.10 Enforcement of the attached draft By-law regulations would be handled in a similar manner as noise. Under that approach, a resident would be required to provide a statement of the nuisance, and an officer could then proceed with notice to the property owner to take corrective action. If the concern is rectified no further action would be required. If the concern is not rectified, further enforcement may be pursued including provincial offence charges. The participation of the complainant(s) for court purposes would be relied upon for successful prosecutions in these matters. Page 35 Municipality of Clarington Report LGS-007-23 2. Financial Considerations Not Applicable. 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that; Page 4 That the By-law attached to Report LGS-007-23, as attachment 1, be approved; and 1. That all interested parties listed in Report LGS-007-23 and any delegations be advised of Council's decision. Staff Contact: Duncan Anderson, Municipal Law Enforcement Officer, 905-623-3379 Ext. 2110 or danderson@clarington.net. Attachments: Attachment 1 — Draft Bylaw 2023-XXX Interested Parties: The following interested parties will be notified of Council's decision: Laura Lee Carey Page 36 Attachment #1 to LGS-001-23 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I:yaWGVJI►[ow.ZIP I Being a by-law to amend Nuisance By-law No. 2011-099 WHEREAS the Council of The Corporation of the Municipality of Clarington deems it desirable to amend Nuisance By-law No. 2011-099 NOW THEREFORE be it enacted that By-law 2011-099 be amended as follows: 1. The following new section 8 is inserted into By-law 2011-099: Nuisance Lighting 8. No person shall create, cause or permit an intrusion of light of an unusual intensity or type onto adjacent property so as to be or to cause a nuisance. 2. The remaining sections of By-law 2011-099 are renumbered accordingly. 3. This by-law comes into effect on the date of its passing. PASSED this xx day of Febuary, 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 37 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: February 6, 2023 Report Number: LGS-008-23 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Appointments to the Durham Active Transit Committee, Durham Environment and Climate Advisory Committee, Orono BIA, Bowmanville BIA, Jury Lands Foundation, and Bowmanville Santa Claus Parade Recommendations: 1. That Report LGS-008-23 and any related communication items, be received; 2. That the Committee consider the applications for appointments to the Durham Active Transit Advisory Committee and Durham Environment and Climate Advisory Committee, and that the vote be conducted to appoint the citizen representatives, in accordance with the Appointment to Boards and Committees Policy; 3. That the following persons be appointed to the Bowmanville Business Improvement Area (BIA) for a term ending December 31, 2026, or until a successor is appointed: • Ron Hooper • Laura Holmes • Cathy Holmes • Gerri Lucas • Edgar Lucas • Erin Kemp Page 38 Municipality of Clarington Page 2 Report LGS-008-23 4. That the following persons be appointed to the Orono Business Improvement Area (BIA) for a term ending December 31, 2026, or until a successor is appointed: • Gavin Crabb • Karen Lowery • Diana Stephenson • Frank Maitland 5. That the Committee appoint a "Municipality Member" to the Jury Lands Foundation for the term of Council or until a successor is appointed; 6. That the following persons be removed from the Bowmanville Santa Claus Parade Committee, at their request: • Lisa Price • Crystal Logan • Angela Tasevski • Andree Theriault • Jennifer Payne • Ellen Knights; 7. That the following persons be appointed to the Bowmanville Santa Claus Parade Committee for a term ending December 31, 2026, or until a successor is appointed: • Janet Lange • Crystal Labelle • Jennifer Van Huss • Kelly Maika • Rick Bellamy • Michele Kimmerly; and 8. That all interested parties listed in Report LGS-008-23 and any delegations be advised of Council's decision. Page 39 Municipality of Clarington Report LGS-008-23 Report Overview Page 3 This report is intended to provide background information, regarding various vacancies to assist in the appointment process. 1. Durham Active Transit Advisory Committee 1.1 The Transit Advisory Committee (TAC) is a volunteer committee established by the Durham Region Transit (DRT) Commission and Regional Council. 1.2 The TAC is comprised of 17 members, eight of whom are public transit users nominated for appointment by each area municipality who represent a diversity of transit users and transit stakeholders in the community. 1.3 The Region placed an advertisement seeking applications for the TAC, and forwarded the applications to Clarington Staff for the Municipality of Clarington's appointee. 1.4 The following have put forward an application for consideration. Committee may nominate one member to the TAC (see attached confidential application package): • Pranay Gunti • Richard Claxton-Oldfield 2. Durham Environment and Climate Advisory Committee 2.1 On December 21 st, 2022, Durham Regional Council endorsed the recommendations in Report #2022-COW-28 to: a) dissolve the Durham Region Roundtable on Climate Change (DRRCC) as a Regional advisory committee; and b) subsume climate change matters into the existing DEAC Terms of Reference (ToR) with a revised name and mandate, as the Durham Environment and Climate Advisory Committee (DECAC). 2.2 The Region placed an advertisement in late 2022 seeking expressions of interest for Regional advisory committees for the new term of Council (2022-2026). In accordance with the above decision, applications received for the DRRCC and DEAC are being considered for DECAC. Page 40 Municipality of Clarington Page 4 Report LGS-008-23 2.3 The following have put forward an application for consideration. Committee may nominate one member to the DECAC (see attached confidential application package): • Jay Cuthbertson • Kim Murray 2.4 In accordance with the "Appointment to Boards and Committees Policy", a confidential matrix has been attached at the front of the application. The matrix includes the qualifications of existing members as well as the new applicants. 3. Bowmanville Business Improvement Area (BIA) 3.1 The Terms of Reference state "The Board shall consist of such number of members appointed by Council as the Council desires advisable, at least one of whom shall be a member of the Council and the remaining members shall be individuals assessed for business assessment in respect of land in the area or nominees of such individuals or of corporations so assessed". 3.2 Accordingly, Councillor Rang was appointed to the Bowmanville BIA at the January 9, 2023, General Government Committee meeting. 3.3 The Bowmanville BIA provided their Board of Management, for appointment as follows: • Ron Hooper • Laura Holmes • Cathy Holmes • Gerri Lucas • Edgar Lucas • Erin Kemp 4. Orono Business Improvement Area (BIA) 4.1 The Terms of Reference state "The Board shall be composed of a total of 5 directors. One director shall be a member of Council appointed directly by the Municipality and the remaining 4 directors shall be selected by a vote of the membership of the BIA and appointed by the Municipality". 4.2 Accordingly, Councillor Zwart was appointed to the Orono BIA at the January 9, 2023, General Government Committee meeting. Page 41 Municipality of Clarington Report LGS-008-23 4.3 The Orono BIA provided their Board of Management, for appointment as follows: • Gavin Crabb • Karen Lowery • Diana Stephenson • Frank Maitland 5. Jury Lands Foundation Page 5 5.1 The Jury Lands Foundation is a not -for -profit organization whose mission is to "rejuvenate a Canadian historic and architectural significant site in Clarington, Ontario with international, national, and local significance for re -use for those same audiences even as it recognizes the place's one-time distinction of managing both Camp 30 Prisoners of War and troubled youth while harmoniously integrating with its host community of Bowmanville." 5.2 According to their governing by-law, the Foundation consists of different classes of members including "The Municipality Member": i. The Municipality Member shall be The Corporation of the Municipality of Clarington. ii. The term of membership of the Municipality Member shall be perpetual for as long as The Corporation of the Municipality of Clarington exists and wishes to be a member. iii. As set out in the articles, the Municipality Member is entitled to receive notice of, attend and vote at all meetings of members and the Municipality Member shall be entitled to one (1) vote at such meetings (except it shall not be entitled to vote for the up to seven (7) directors to be elected by the Class A Members). 5.3 As this organization has morphed from the Camp 30 organization to its current framework, the Municipality's appointment has been done informally by the Mayor in the past. To formalize the appointment process, the appointment will be made by Council going forward, for each term of Council or until a successor is appointed. Page 42 Municipality of Clarington Report LGS-008-23 6. Bowmanville Santa Claus Parade Page 6 6.1 At the January 9, 2023, General Government Committee meeting, Committee appointed members to the Bowmanville Santa Claus Parade Committee. Since then, Staff has received notification that the Committee members have changed as some members want to be volunteers and some volunteers wanted to be a member. Therefore, the following members have noted they no longer wish to sit as a member: • Lisa Price • Crystal Logan • Angela Tasevski • Andree Theriault • Jennifer Payne • Ellen Knights 6.2 The following members have been provided for appointment to the Bowmanville Santa Claus Parade Committee for a term ending December 31, 2026, or until a successor is appointed: • Janet Lange • Crystal Labelle • Jennifer Van Huss • Kelly Maika • Rick Bellamy • Michele Kimmerly This is in addition to those already appointed at the January 9, 2023, General Government Committee meeting: • Katherine Johnson • Brenda Fall Rafter • Carolyn Lunan • Jonathan Taylor • Crystal Labelle 7. Financial Considerations Not Applicable. Page 43 Municipality of Clarington Page 7 Report LGS-008-23 8. Concurrence Not Applicable. 9. Conclusion It is respectfully recommended that Committee consider the vote to make the appointments to the Durham Active Transit Advisory Committee, Durham Environment and Climate Advisory Committee; and the Jury Lands Foundation, and that Committee approve the recommendations of this report. Staff Contact: Lindsey Patenaude, Committee Coordinator, 905-623-3379 ext. 2016 or Patenaude@clarington.net. Attachments: Attachment 1 — Confidential Matrix — Distributed Under Separate Cover Interested Parties: The following interested parties will be notified of Council's decision: Durham Active Transit Advisory Committee Durham Environment and Climate Advisory Committee Bowmanville BIA .-ROT, o :31_1 Jury Lands Foundation Page 44 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: February 6, 2023 Report Number: FSD-002-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: CL2022-34 By-law Number: Report Subject: Diane Hamre Recreation Complex — Diesel Generator Installation Recommendations: 1. That Report FSD-002-23 be received; 2. That Ferguson Electric with a total bid amount of $556,627.20 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2022-34 be awarded the contract for the installation of one diesel generator at the Diane Hamre Recreation Complex, as required by the Community Services Department; 3. That the total funds required for this project is $588,500.00 (Net HST Rebate), which includes construction costs of $556,627.20 (Net HST Rebate) and other related costs such as design, inspection, contract administration and contingencies of $31,872.80 (Net HST Rebate); 4. That the approved budget of $550,000.00 and the over budget amount of $38,500.00 (Net HST Rebate) be funded from the following accounts: Description Account Number Amount DHRC — Building Equipment 110-42-421-84242-7401 $550,000 Canada Community Building Fund — Reserve Fund 557-00-000-00000-7418 38,500 5. That all interested parties listed in Report FSD-002-23 and any delegations be advised of Council's decision. Page 45 Municipality of Clarington Report FSD-002-23 Report Overview Page 2 To request authorization from Council to award CL2022-34 for the installation of one diesel generator at the Diane Hamre Recreation Complex 1. Background 1.1 Tender specifications for the Diesel Generator were prepared by CIMA+ and provided by the Community Services Department to the Purchasing Services Division. The scope of work included the supply and installation of one diesel powered generator and associated components, including transfer switch at the Diane Hamre Recreation Complex. 1.2 Tender CL2022-34 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. 1.3 Fifteen companies registered as official plan takers. The tender document included a mandatory site visit. Only those plan takers in attendance at the site visit were eligible to submit a bid. Five companies attended the mandatory site visit. 2. Analysis 2.1 The tender closed on December 15, 2022. 2.2 Four submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see attachment 1). All submissions were deemed compliant. 2.3 The results were forwarded to the Community Services Department for their review and consideration. The low compliant bid is from Ferguson Electric with a bid amount of $556,627.20 (Net HST Rebate). 2.4 After review and analysis of the bids by the Purchasing Services Division and the Community Services Division, it was mutually agreed that the low bidder, Ferguson Electric be recommended for the award of contract CL2022-34. 2.5 Ferguson Electric has provided services to the Municipality previously with satisfactory results; references were also checked with satisfactory results. Page 46 Municipality of Clarington Report FSD-002-23 3. Financial Considerations Page 3 3.1 The total funds required for this project is $588,500.00 (Net HST Rebate), which includes the construction cost in the amount of 556,627.20 (Net HST Rebate) and other related costs such as design, inspection, contract administration and contingencies of $31,872.80 (Net HST Rebate). Funding available in the approved budget is $550,000.00. 3.2 The total project exceeds the allocated budget by $38,500.00. The project is an eligible project for the Canada Community Building Fund, $350,000 of the existing budget is through the CCBF; it is recommended that the additional funding come from the CCBF Reserve Fund. 3.3 The total funds for the project will be funded as follows: Description Account Number Amount DHRC — Building Equipment 110-42-421-84242-7401 $550,000 Canada Community Building Fund — Reserve Fund 557-00-000-00000-7418 38,500 3.4 Queries with respect to the departments needs, specifications, etc., should be referred to the Director of Community Services. 4. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Ferguson Electric with a total bid price of $556,627.20 (Net HST Rebate) being the low compliant bidder be awarded the contract for the supply and installation of one diesel generator at the Diane Hamre Recreation Complex in accordance with the terms, conditions and specifications of Tender CI_2022- 34. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 x 2209 or dferguson@clarington.net. Attachments: Page 47 Municipality of Clarington Report FSD-002-23 Attachment 1 — Summary of Bid Results Interested Parties: List of Interested Parties available from Department. Attachment #1 Page 4 Municipality of Clarington CL2022-34 Diane Hamre Recreation Complex — Diesel Generator Installation Bid Summary Bidder Total Bid Price (Including HST) Total Bid Price (Net HST Rebate) Ferguson Electric $618,110.00 $556,627.20 Tri-Line Electrical 621,500.00 559,680.00 Elexicon Group 936,870.57 843,680.97 JTS Mechanical 971,517.50 874,881.60 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: February 6, 2023 Report Number: FSD-003-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary -Anne Dempster, CAO Resolution#: File Number: CL2022-32 By-law Number: Report Subject: Newcastle Memorial Arena Refurbishment Recommendations: 1. That Report FSD-003-23, be received; 2. That Gerr Construction Limited with a total bid amount of $3,332,640.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2022-32 be awarded the contract for the Newcastle Memorial Arena Rink Replacement and Renovations, as required by the Community Services Department; 3. That the total funds for this project is $3,974,236.80 (Net HST Rebate), which includes construction costs of $3,332,640.00 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $641,596.80 (Net HST Rebate) is in the approved budget allocation as provided and be funded from the following account: Description Account Number Amount Newcastle/Orono Arena Improvements 110-42-421-84233-7401 $3,974,237 4. That all interested parties listed in Report FSD-003-23 and any delegations be advised of Council's decision. Page 49 Municipality of Clarington Report FSD-006-23 Report Overview Page 2 To request authorization from Council to award CL2022-32 for the rink replacement and renovations required at the Newcastle Memorial Arena. 1. Background 1.1 Tender specifications and drawings were prepared by Barry Bryan Associates and provided by the Community Services Department to the Purchasing Services Division. The scope of work included the full rink slab replacement, refrigeration system replacement, renovations of existing changerooms, washrooms, lobby, accessibility upgrades and the addition of accessible changerooms and washrooms at the Newcastle Memorial Arena. 1.2 Tender CL2022-32 was issued by the Purchasing Services Division and advertised electronically on the Municipality's website. Notification of the availability of the document was also posted on the Ontario Buyers Association's website. 1.3 Thirty-nine companies registered as official plan takers. The tender document included a mandatory site visit. Only those plan takers in attendance at the site visit were eligible to submit a bid. Twenty-nine companies attended the mandatory site visit. 2. Analysis 2.1 The tender closed on December 8, 2022 2.2 Eight submissions were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see attachment 1). Seven submissions were deemed compliant and forwarded to the Community Services Department for review and consideration. 2.3 The Community Services Department requested that the Purchasing Services Division complete reference checks and a further review of the low bid. After further review and unsatisfactory reference checks, the low bid was removed from consideration and deemed non -compliant. 2.4 The Purchasing Services Division completed reference checks for the second low bidder, Gerr Construction Limited. References were deemed satisfactory and provided to the Community Services Department for consideration. Page 50 Municipality of Clarington Report FSD-006-23 Page 3 2.5 After review and analysis of the bids by the Purchasing Services Division and the Community Services Department, it was mutually agreed that the second low bidder Gerr Construction Limited be recommended for the award of CL2022-32. 3. Financial Considerations 3.1 As part of the 2022 budget deliberations, $6,402,000 (Net HST Rebate) was approved, in Report CSD-002-22, for renovation work at both the Newcastle Memorial Arena (Phase 1) and the Orono Arena & Community Centre (Phase 11). The Phase I work, as discussed in this report, is scheduled for spring 2023 with the Phase 11 work scheduled for spring 2024. Based on approval of the cost for Phase I at $3,974,236.80 (Net HST Rebate), a balance of $2,427,763 (Net HST Rebate) will remain for the completion of the Phase II work. This will be considered when staff complete the Phase 11 scope of work, scheduled for tendering in Fall 2023. 3.2 The total funds required for Phase I of this project is $3,974,236.80 (Net HST Rebate), which includes the construction costs of $3,332,640.00 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $641,596.80 (Net HST Rebate), be drawn from the following account: Description Account Number Amount Newcastle/Orono Arena Improvements 110-42-421-84233-7401 $3,974,237 3.3 Queries with respect to the department's needs, specifications, etc. should be referred to the Director of Community Services. 4. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Gerr Construction Limited with a total bid price of $3,332,640.00 (Net HST Rebate) being the low compliant bidder be awarded the contract for the Newcastle Memorial Arena Rink Replacement and Renovation in accordance with the terms, conditions and specifications of Tender CL2022-32. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext 2209 or dferguson@clarington.net. Page 51 Municipality of Clarington Report FSD-006-23 Attachments: Attachment 1 — Summary of Bid Results Interested Parties: Page 4 List of Interested Parties available from Department. Page 52 Municipality of Clarington Report FSD-006-23 Attachment #1 Page 5 Municipality of Clarington CL2022-32 Newcastle Memorial Arena Refurbishment Bid Summary Bidder Total Bid Price (Including HST) Total Bid Price (Net HST Rebate) Gerr Construction Limited $3,700,750.00 $3,332,640.00 Ball Construction Inc. 3,911,407.99 3,522,344.04 Schilthuis Construction Inc. 4,036,360.00 3,634,867.20 Gay Contracting Limited 4,058,970.81 3,655,228.94 JJ McGuire General Contractors Inc. 4,253,094.00 3,830,042.88 Van Horne Construction Limited 5,605,177.42 5,047,635.88 Anacond Contracting Inc. Non -Compliant Non -Compliant Page 53 MUNICIPALITY OF CLARINGTON JOINT COMMITTEES MEETING RESOLUTION # DATE: February 6, 2023 MOVED BY Mayor Foster SECONDED BY Whereas Ontario Power Generation has selected a consortium partner to build Canada's first grid -size Small Modular Reactor (SMR) at the Darlington Nuclear Generating Station; And whereas the site is located within the Municipality of Clarington; And whereas to connect the SMR to the electricity transmission system, there needs to be a new hydro line built in the rural and urban areas of the municipality; And whereas Clarington has more than doubled in population since the first reactors were built; And whereas, our citizens in Clarington need to be informed about major infrastructure projects like this; And whereas to make informed decisions Council must understand the views of the community on the project and the level of support for the nuclear energy sector; And whereas local community support is critical for the success of the Darlington New Nuclear Project and support for SMR technology deployment both locally and nationally; Now therefore be it resolved: 1.That Council directs the CAO's Office and staff to report back to the May 8, 2023 Joint Meeting with: a. Suggested levels of necessary community consultation to determine: (a) the level of awareness and community support for the expansion of nuclear reactors in the community, and the (b) the expectations and concerns of the community and how to address them; Page 54 b. A review of: previous Host Community Agreements between Clarington and OPG to determine their current status and whether they are due for revision; any land use and building approvals required for this and future expansions of at the Darlington OPG site; the economic development impact, perceptions of future investors and residents about locating in Clarington, and how being a willing host community would impact future non -energy related investment in the community; iv. explore why, despite the significant efforts and advocacy Clarington has demonstrated, nuclear energy sector offices and facilities are not located in our host community; 2.That these projects be funded from existing funding sources without impacting the 2023 budget; and 3.That this resolution be forwarded to the Hon. Todd Smith, Ontario Minister of Energy and local MPPs, Canadian Nuclear Safety Commission (CNSC), Nuclear Waste Management Organization (NWMO), and Canadian Association of Nuclear Host Communities (CANHC); John Henry, Durham Regional Chair; Ken Hartwick, OPG President and CEO; Jay Wileman, GE Hitachi President and CEO, David Lebeter, Hydro One President and CEO, Jen-Louis Serrancks, and AECON President and CEO. Page 55