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Home My WebLink About12/08/2014GENERAL PURPOSE AND ADMINISTRATION COMMITTEE AGENDA DATE: December 8, 2014 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS AUDIO RECORD: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation /presentation to a General Purpose and Administration Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of September 22, 2014 4 -1 5. PUBLIC MEETINGS No Public Meetings 6. DELEGATIONS (Draft List at Time of Publication) No Delegations 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT No Reports 9. ENGINEERING SERVICES DEPARTMENT No Reports CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 G.P. & A. Agenda - 2 - December 8, 2014 10. OPERATIONS DEPARTMENT, No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 025 -14 Durham Land Division Committee Appointment 13 -1 (b) CLD- 026 -14 Civil Marriage Ceremonies 13 -4 (c) CLD- 028 -14 Accessibility Initiatives Undertaken for 2014 Municipal 13 -10 Elections (d) CLD- 029 -14 Conservation Authority Appointments 13 -33 (e) CLD- 030 -14 Veridian Appointments 13 -36 (f) CLD- 031 -14 Clarington Animal Shelter Volunteer Program 13 -64 14. CORPORATE SERVICES DEPARTMENT (a) COD - 018 -14 Contract Awards During Council Recess 14 -1 15. FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS None G.P. & A. Agenda - 3 - December 8, 2014 19. OTHER BUSINESS (a) Appointment of Deputy Mayor (b) Designation of Members of Council as Department Chairs 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS No Reports 22. ADJOURNMENT ClaringtonGeneral Purpose and Administration Committee Minutes September 22, 2014 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 22, 2014 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster left at 3:35 p.m. on September 22, 2014 and returned at September 25, 2014 at 9:30 a.m. Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner left at 4:08 p.m..on September 22, 2014 and returned at 10:51 a.m. on September 25, 2014. Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L.Gordan attended the meeting on September 25, 2014 at 9:30 a.m. Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor left the meeting at 4:08 p.m. Director of Emergency & Fire Services, G. Weir Deputy Clerk, J. Gallagher Committee Coordinator, M. Chambers Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Partner announced. the following upcoming events: Orono Horticultural Society's Fall Flower Show on Wednesday, September 24, 2014 at 7:30 p.m., at the Orono United Church. - 1 - 4 -1 General Purpose and Administration Committee Minutes September 22, 2014 • 16th Annual Orono Chili Cook -off and Baking Competition from 10:30 a.m. to 4:00 p.m. on Saturday, September 27, 2014. • St. George's Anglican Church Community Fayre, Saturday, September 27, 2014 from 11:00 a.m. to 3:00 p.m., 250 Mill Street South, Newcastle. • Orono United Church Pasta.Supper, "A Little Taste of Italy ", Saturday, September 27, 2014 at 5:30 p.m. • Clarington Older Adult Strategy Public Consultation, Tuesday, September 30, 2014 from 6 :30 p.m. to 8:00 p.m., Durham County Seniors Lodge, 200 Station Street, Orono. • Newcastle Harvest Festival, Saturday, October 4, 2014, from 9:00 a.m. to 4:00 p.m., Downtown Newcastle. Councillor Traill announced Spirited Oktoberfest Day, Sunday, September 28, 2014 at 2:00 p.m., at the Tyrone Community Centre. Councillor Woo announced the United Way of Durham Region's, 21St Annual Wing Fest, Tuesday, September 23, 2014 from 5:30 p.m. to 9:00 p.m. at the General W. Sikorski Polish Veterans' Association. Councillor Hooper announced the following: • Durham Children's Ground Water Festival, September 22 to 26, 2014 from • 9:45 a.m. to 1:30 p.m..at Camp Samac, Oshawa. • Clarington Older Adult Strategy Initiative Public Input Meeting, Tuesday, September 30, 2014 from 9:30 a.m. to 11:00 a.m. at the Courtice Community Complex. • Scugog Street will be closed at the CP Rail crossing from 6:00 a.m., September 17, 2014, to 5:00 .p.m., September 23, 2014. • Encouraged everyone to visit the Clarington Public Library website, www.clarington- library.on.ca to view upcoming events. • Annual "Family Safety Day ", Saturday, September 27, 2014 from 10:00 a.m. to 3:00 p.m. at Clarington Fire Station 1. • Historic Downtown Bowmanville's 25th Annual Applefest, Saturday, October 18, 2014,-9:00 a.m. to 5:00 p.m. Councillor Neal announced the Clarington Older Adult Strategy Initiative Public Input Meeting, Tuesday, September 30, 2014 from 9:30 a.m. to 11:00 a.m. at the Courtice Community Complex. -2- 4 -2 General Purpose and Administration Committee Minutes September 22, 2014 Councillor Novak announced the following: • Clarington Older Adult Strategy Initiative Public Input Meeting, Tuesday, September 30, 2014 from 9:30 a.m. to 11:00 a.m. at the Courtice Community Complex. • Durham Region Transit issued a news release on September 16, 2014 that they now have one email and one phone number for customer service. 1- 886 - 247 -0055 and drthelps(a-durham.ca. • Public Notice of Filming in Clarington on Saturday, September 20, 2014 from 3:00 p.m. to 6:00 p.m. at 40 Temperance Street, Bowmanville. • Region of Durham Waste Fair held Saturday, September 20, 2014 at the Garnet. B. Rickard Recreation Complex. Mayor Foster announced the following upcoming events: • Haydon HoeDown and Corn Roast on Saturday, September 20, 2014. • Big Brothers and Sisters Clarington's Evening of Appreciation, Tuesday, September 23, 2014 at Chanterelle's at 7:00 p.m. • Project Assist Campaign on Wednesday, September 24, 2014. • Clarington Board of Trade's Simply Social on Thursday September 25, 2014 from 5:00 p.m. to 7:00 p.m. at the Baseline Community Centre. • John Michael's Hair Salon's 20th Anniversary on Saturday, September 27, 2014. • Clarington Speed Skating Club is giving an opportunity to try speed skating, on Wednesday, September 24, 2014 at 7:30 p.m. at the South Courtice Arena. MINUTES Resolution #GPA- 484 -14 Moved by Councillor Hooper, seconded by Councillor Novak That the minutes of the regular meeting of the General Purpose and Administration Committee held on September 8, 2014, be approved. CARRIED Councillor Woo chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applications for Proposed Official Plan Amendment and Zoning By -law Amendment Applicant: Bowmanville Professional Offices Ltd. Report: PSD- 049 -14 -3- 4 -3 General Purpose and Administration Committee Minutes September 22, 2014 Paul Wirch, Planner, made a verbal and electronic presentation to the Committee regarding the application. Derek Rowden, local resident, spoke in opposition to the application. Mr. Rowden advised the Committee that he is concerned that his property will be the only residential home surrounded by parking lots. He noted that he is currently in the process of looking into selling his home as he feels this is his only option. Mr. Rowden added that he is concerned that the value of his property will be affected by this development, and believes he will have issues selling his property once it is put on the market. David Coupland, local resident, noted that he is neither opposed or in favour of the application. His questions included: how the parking lot would be enclosed; and whether or not there will be any traffic calming measures taken in this area. Mr: Coupland added that he would like the fences to be higher for privacy, and asked how far the fencing would go around the property. Reg Freethy, J.R. Freethy, Architect, spoke on behalf of the applicant and advised the Committee that they are the architect for the project. Mr. Freethy advised the Committee that a Traffic and Parking Study was conducted for this area in 2011. He continued, that at the pre - consultation meeting, they were asked to update the study and increase the space to accommodate for the proposed growth in Clarington. Mr. Freethy provided a summary of the occupancy rates of the existing building per year dating back to 2011. He advised the Committee, that the current issue is parking and this is why the property owner is looking to expand. Mr. Freethy provided a summary of the proposed development of. the building, the proposed parking lots, and the access areas. He addressed the concern of the fencing by explaining what will be included in the plans and a description of the type of fencing. He added that currently there is a $160,000 landscape proposal for this development. Mr. Freethy concluded by advising the Committee what the anticipated growth for the Medical Building will be, that it will be bringing one additional family practice and 20 new doctors to Clarington, if approved. Michael Fry, D. G. Biddle and Associates, advised the Committee that, given the timelines for this project, the applicants are requesting that Staff be directed to prepare a recommendation report and Draft Zoning By -law Amendment for the Council Meeting of September 29, 2014. He listed all of the necessary requirements that they have met and they are anticipating this development bringing increased business and employment to the Municipality of Clarington. Mr. Fry concluded by noting there will be opportunities for expansion in the future, however currently these are the only properties available. 4 -4 General Purpose and Administration Committee Minutes September 22, 2014 (b) Subject: Applications for Proposed By -law Amendment and Draft Plan of Subdivision Applicant: Bowmanville Village Inc. Report: PSD- 050 -14 Anne Taylor Scott, Planner, made a verbal and electronic presentation to the Committee regarding the application. Andy Brown, local resident, spoke in opposition to the application. Mr. Brown advised the Committee that he believes the proposed townhouses do not comply with the Official Plan and that this development will significantly impact the valley land. He advised the Committee that he understands there have been studies conducted and that these areas should only contain low or medium density and that the high density should be located elsewhere. Mr. Brown quoted several sections of'the Official Plan and stated that this development does not comply. He continued that he feels a lot of weight is being placed on the Environmental Impact statement and that this is how there is no Official Plan Amendment required. He added that the report is lacking consistency, does not take into account the townhomes, and he feels further studies need to be done to show the impact of the high density developments. Mr. Brown added that he is also concerned with the valley being filled in and how this will affect the water flow in relation to the Bowmanville Creek. He concluded by asking whether or not this land is recognized as environmentally sensitive. Mr. Brown added that if this area needs to be developed that it should be park space and if it needs to be houses that it should be low density. John Colville, local resident, spoke in opposition to the application. He advised the Committee that he concerned with the increased urban sprawl, and the increase in higher density developments in this area. Mr. Colville listed his concerns, which included: increased population, traffic; parking; and the safety of the community. He added that the infrastructure is not keeping up with the growth and provided several examples of busy streets and intersections in Clarington. Mr. Colville also noted his concern for the wildlife in this area as a result of this development. He provided the Committee with some background and details regarding the drumlins in this area and that this development will potentially destroy these areas. He concluded by advising the Committee that more care should be taken in protecting environmental areas, that more effort should be made to contact the area residents, and that ideally he would like the whole area to be maintained as an Environmentally Protected area and green space. Jim Cryderman, local resident, spoke in opposition to the application. He advised the Committee that he is concerned with the trees to the west of the property and would like them preserved. Mr. Cryderman continued that some of his concerns are the increased traffic, and speed of the vehicles. He concluded by noting that the property in this application was settled by his family and if the streets are the developed he is requesting the streets be named after the original settlers. -5- 4 -5 General Purpose and Administration Committee Minutes September 22, 2014 Jenn Schakelaar, local resident, spoke in opposition to the application. She advised the Committee that she was aware when she purchased the home that there would be the possibility of new developments. Ms. Schakelaar continued that this development has caused her a great deal of concern as her family uses this area on a regular basis. Some of her other concerns are: grading; how it will affect the surrounding area; and she is asking for the buffer area to be increased to ensure the surrounding land is protected. She continued that she also has concerns for how the grading will directly affect her property, and that the grading could be detrimental to the environmentally protected areas. Ms. Schakelaar added that the sediment control plan and letter of credit will need to be reviewed. She expressed a concern with new developments and has had some negative experiences, including unfinished items on her own property. Ms. Schakelaar concluded by asking for this area to be left undisturbed and as a forest area and green space. Robert Morris, local resident, spoke in opposition to the application. He advised the Committee that the grading for this development was done in August and currently there is a seven metre elevation. Mr. Morris feels that, once completed, this will cause issues for him including, privacy, drainage and the lowering of the property values. He is requesting that, if this area is developed, the grading be done so that the land is level with the property behind them. He concluded by expressing his concern for the construction, the length of time, added disturbance that comes along with this, and for the wildlife in the area. Sara D'Andrea, local resident, spoke in opposition to the application. She advised the Committee that she agrees with her neighbours and would like to see this area protected. SUSPEND THE RULES Resolution #GPA- 485 -14 Moved by Mayor Foster, seconded by Councillor Hooper That the Rules of Procedure be suspended. I CARRIED M. General Purpose and Administration Committee Minutes September 22, 2014 ALTER THE AGENDA Resolution #GPA- 486 -14 Moved by Councillor Hooper, seconded by Councillor Neal That the correspondence from Jordan Galask and Katherine Rossen be added to the agenda, to be considered following the public meeting. CARRIED RECESS Resolution #GPA- 487 -14 Moved by Councillor Partner seconded by Councillor Traill That the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:40 a.m. with Councillor Woo in the Chair. PUBLIC MEETING — Continued Kelvin Whalen, Kaitlin Corporation, spoke regarding the application. Mr. Whalen noted that they are not the applicant, however they have done the construction to the north and the east of the subject lands. He added that they are generally in support of the application. Mr. Whalen wanted to comment on Staff Report PSD- 050 -14, page 9, item 36, that the developers in the subject land will be reimbursed for downstream work and the appropriate cost sharing will apply. He noted that some of the work will be taking place on roads that have not been assumed. Mr. Whalen stated that he would like the interests of Kaitlin Group be protected and ensure that there will be no liability issues. Mr. Whalen concluded by addressing the concerns regarding the grading and tree planting and ensured the Committee that the work is scheduled to be completed this fall. Michael Fry, D. G. Biddle and Associates, was present representing the applicant. He advised the Committee that this development is in compliance with the appropriate plans and that he is hoping to address the concerns of the residents. He continued that both the Regional and Municipal Official Plans make provisions for interpretation and these come through with the impact statement. Mr. Fry described what is considered low density housing and noted that these guidelines are not specific which is why the proposed townhomes would comply. Mr. Fry advised that there will be a justification report and that there were some inconsistencies in section 4, however this was a typo. He addressed the Environmental Impact Statement and confirmed that it does not 7- 4 -7 General Purpose and Administration Committee Minutes September 22, 2014 address the townhouses, as that is not its purpose. Mr. Fry concluded by addressing the request to rezone the area to green space and advised that this is addressed in the Impact Statement, which meets all of the buffer zone requirements. Ash Barron, Aquafor Beech Limited, was present to respond to questions from members of the Committee. She addressed the concern of the mapping in the Official Plan and believes there is confusion of the actual location of the valley lands. She continued that the area of concern is the wooded area east of the property and this was noted in the Impact Statement. Ms. Barron gave an explanation of the types of vegetation and feels that the woodland should in fact come down due to the invasive species in this area. She continued by addressing the wildlife and identified the species in this area and that they will relocate naturally if the development occurs. SUSPEND THE RULES Resolution #GPA- 488 -14 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow the delegation of Michael Fry and Ash Barron to be extended for an additional two minutes. CARRIED Ms. Barron concluded that they will be investigating a way to preserve some of the trees in the area. She also noted that the Terms of Reference have been reviewed by the Central Lake Conservation Authority and that they have complied with all of the items. CORRESPONDENCE FROM JORDAN GALASK AND KATHERINE ROSSEN, REGARDING REPORT PSD- 050 -14, PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 90 UNIT RESIDENTIAL DEVELOPMENT Resolution #GPA- 489 -14 Moved by Councillor Novak, seconded by Councillor Hooper That the correspondence from Jordan Galask and Katherine Rossen, regarding .PSD- 050 -14, Proposed Draft Plan of Subdivision and Rezoning to Permit a 90 Unit Residential Development, be referred to the Director of Planning Services to be considered as part of the application review process. CARRIED 1111:3' General Purpose and Administration Committee Minutes September 22, 2014 ALTER THE AGENDA Resolution #GPA- 490 -14 Moved by Councillor Neal, seconded by Councillor Traill That the agenda be altered to consider Report PSD- 050 -14 at this time. CARRIED PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 90 UNIT RESIDENTIAL DEVELOPMENT APPLICANT: BOWMANVILLE VILLAGE INC. Resolution #GPA- 491 -14 Moved by Councillor Novak, seconded by Councillor Hooper That Report PSD- 050 -14 be received; That the applications for proposed Draft Plan of Subdivision, S -C- 2014 -0002 and, Zoning By -law Amendment, ZBA 2014 -0023, submitted by Bowmanville Village Inc. continue to be processed including the preparation of a subsequent report; That the developers be asked to hold a public information session; and That all interested parties listed in Report PSD - 050 -14 and any delegations be advised of Council's decision. CARRIED RECESS Resolution #GPA- 492 -14 Moved by Councillor Partner, seconded by Councillor Traill That the Committee recess for one hour. CARRIED The meeting reconvened at 1:12 p.m. with Mayor Foster in the Chair. M O General Purpose and Administration Committee Minutes September 22, 2014 DELEGATIONS DELEGATION OF PETRA SCHWIRTZ, CLARINGTON TOURISM MARKETING BOARD, REGARDING AN UPDATE ON THE TOURISM PLAN AND IMPACT STUDY FOR CLARINGTON. Petra Schwirtz, Clarington Tourism Marketing Board was present to provide an update on the Tourism Plan and Impact Study for Clarington. Ms. Schwirtz thanked the Committee for the opportunity for provide a summary of the developments in recent months. She state the Board strongly believes that Tourism needs to be showcased as an economic driver. Ms. Schwirtz noted the Economic Impact Study, which was conducted, summarized that there were five notable items in this report: . • the large quantity of people that visit Clarington, • tourism creates jobs, • tourism is an economic driver, • the yearly increase in tourism in Clarington, and • that the agricultural, culinary, and sports tournament areas are leading the way. She continued by providing a description of how the Collis and Reed Research Team determined the contents of the Economic Impact Study and reviewed some of the statistics related to tourism. Ms. Schwirtz continued by describing many of the tourist attractions in Clarington and provided some suggestions for future opportunities for growth. Ms. Schwirtz provided an overview of the Clarington Tourism Plan that was prepared by Brian Trust, and noted some of the key areas and how the results of the report were determined. She added that Tourism is headed in the right direction and summarized the areas that should receive focus. SUSPEND THE RULES Resolution #GPA- 493 -14 Moved by Councillor Partner, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow the delegation of Petra Schwirtz to be extended for an additional two minutes. CARRIED Ms. Schwirtz concluded by urging the Municipality to use these reports to continue to monitor and change the action plan in relation to tourism. She asked that the Clarington Tourism Marketing Board be a part of the Strategic Planning process and that they continue to have a strong relationship with the Municipality to assist the growth of Tourism in Clarington and for it to continue to move in a positive direction. - 10 - 4 -10 General Purpose and Administration Committee Minutes September 22, 2014 Resolution #GPA- 494 -14 Moved by Councillor Novak, seconded by Councillor Hooper That the delegation of Petra Schwirtz, Clarington Tourism Marketing Board, regarding an update on the Tourism Plan and Impact Study for Clarington, be received with thanks; That Staff be directed to engage with the Clarington Tourism and Marketing Board; and That the Clarington Three Year Tourism Plan and Tourism in Clarington — An Economic Impact Statement be referred to the Strategic Planning process. CARRIED (See following motion) Resolution #GPA = 495 -14 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 494 -14 be amended by adding the following at the end: "That the Clarington water front area be included in the process." WITHDRAWN The foregoing Resolution #GPA- 494 -14 was then put to a vote and carried. DELEGATION OF COLM MAHER, COUNCIL OF CANADIANS, NORTHUMBERLAND CHAPTER, REGARDING RESOLUTIONS ON LINE 9 PIPELINE AND RAIL TRANSPORT Colm Maher advised the Municipal Clerk's Department, during the meeting, that he had withdrawn his delegation. DELEGATION OF VICTOR FIUME, DURHAM REGION HOME BUILDERS ASSOCIATION, REGARDING PSD- 054 -14, AMENDMENT TO APPLICATION FEES BY -LAW PLANNING AND DEVELOPMENT APPLICATIONS Victor Fiume was present regarding Report PSD- 054 -14, Amendment to Application Fees By -law Planning and Development Applications. Mr. Fiume advised the Committee that he was present to address his concern with the fee increase. Mr. Fiume continued that, though these fees may not seem significant, they all add up and the prices of houses continue to increase. He noted that the current market is being bolstered by low interest rates. Mr. Fiume provided a description of how these fees are - 11 - 4 -11 General Purpose and Administration Committee Minutes September 22, 2014 included in the price of a house. He stated that these increasing fees are going to discourage new home buyers. Mr. Fiume noted his concern with the current low interest rates which gives home buyers a false sense of security. He noted that homeowners are constantly up against increase fees. Mr. Fiume concluded by advising the Committee that the Association has met their goals and are continuing to build better houses, communities, and more efficient homes. DELEGATION OF MICHAEL SMITH, MICHAEL SMITH PLANNING CONSULTANTS, REGARDING ADDENDUM TO REPORT PSD- 047 -14, PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 23 UNIT RESIDENTIAL DEVELOPMENT Michael Smith, Michael Smith Planning Consultants, thanked staff for their cooperation with the application, and offered to respond to questions from members of the Committee regarding Report PSD- 047 -14 and Report PSD- 048 -14. DELEGATION OF SHEEBA PAUL, HGC — NOISE IMPACT CONSULTANT, REGARDING ADDENDUM TO REPORT PSD- 047 -14, PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 23 UNIT RESIDENTIAL_ DEVELOPMENT Sheeba Paul, HGC Noise Impact Consultant, advised the Committee that she is available to respond to questions from members of the Committee regarding Report PSD - 047 -14 and Report PSD- 048 -14. DELEGATION OF BRAD BOWNESS, HYDRO ONE NETWORKS INC., REGARDING AND UPDATE ON THE WORKSHOPS HELD TO COLLABORATE WITH THE MUNICIPALITY OF CLARINGTON AND THE COMMUNITY TO SELECTA THIRD PARTY CONSULTANT FOR THE PROJECT GROUNDWATER AND SURFACE WATER RESULTS Brad Bowness, Hydro One Networks Inc, was present to provide an update on the workshops held to collaborate with the Municipality of Clarington and the community to select a third party consultant for the project groundwater and surface water results. Mr. Bowness advised the Committee that, since his last presentation, Hydro One has made a substantial effort to work with the community by holding a series of workshops to determine an adequate third party consultant for this project. He continued that two workshops were held over the summer and noted that at the end of July, the Municipality of Clarington issued the Request for Proposal to create a short list of suitable individuals for this position. Mr. Bowness summarized the various methods they have used to receive public input. He continued by noting that there has been private well monitoring being done and the 21 of the 40 homes have currently registered for this program. He added that these individuals have been given full access to Stantec to answer any question or concerns that they may have. Mr. Bowness advised -12- 4 -12 General Purpose and Administration Committee Minutes September 22, 2014 the Committee that the Baseline Report will be issued in October and that this report will be shared with the community and the Municipality. He concluded by noting that currently they are at a full stop for the project and that they are looking for recommendations to move forward with this project. Mr. Bowness gave his guarantee that if the recommendation is to drill deeper wells and continue to monitor this area, they will do so. He advised the Committee that he was available to answer any questions. Councillor Traill left the meeting at 2:35 p.m. DELEGATION OF BRANT GILL AND CRAIG JOHNSTON, STANTEC, REGARDING AN OVERVIEW OF THE HYDROLOGY AND HYDROGEOLOGY WORK COMPLETED AT THE CLARINGTON TRANSFORMER STATION, ONGOING WORK, AND FUTURE MONITORING Brant Gill and Craig Johnston, Stantec, were present to provide an overview of the hydrology and hydrogeology work that has been completed at the Clarington Transformer Station, ongoing work, and the future monitoring. Brant Gill gave a brief history on their experience in this field, and their roles in the project. Mr. Gill advised the Committee that they understand that Clarington relies on clean safe water for its wells, depends on these resources, and needs Stantec to provide protection. He continued by explaining why they were originally contacted by Hydro One and what was required of them for this project. Mr. Gill added that the project has been expanded to include a hydrological and hydrogeological assessment. The hydrological and hydrogeological assessment report is the final component of this data. Mr. Gill noted that they have recently expanded their role to include the ground water monitoring program. He stated that, based on their experience, in this area, Stantec proposed to Hydro One to go above the environmental assessment recommendations. Councillor Traill returned to the meeting at 2:55 p.m. Mr. Gill discussed the transformer site and advised that their focus is to find source and potential receptors of adverse effects, assess what could happen, and what can be affected negatively. He listed the potential issues at the Clarington Transformer site. Mr. Gill provided the locations of the monitors placed at the site and detailed how the data collected is monitored. Mr. Gill listed all of the items that are in the monitoring programs that they would want if they lived in the area. He continued by describing what is currently at the site and what they are monitoring, how long they will continue to monitor, and when this information is downloaded. He provided a description of the surface water monitoring site and the work being conducted. Mr. Gill noted that water quality tests have been conducted, listed the dates and what is being tested, explained the previous water monitoring testing done. He added that the next round of testing will be done in October. Mr. Gill provided an explanation of the private well component monitoring program and how Stantec has reached out to the residents in the area and made themselves available to be contacted directly with questions or concerns. He -13- 4 -13 General Purpose and Administration Committee Minutes September 22, 2014 concluded by providing information and update on when the Baseline Conditions Report will be available and that those involved will receive individual reports. Mr. Gill added that annual monitoring will continue to take place. He noted that monitoring surface water features is their primary focus and they are confident in the program. DELEGATION OF BRAD BOWNESS, HYDRO ONE NETWORKS INC., BRANT GILL AND CRAIG JOHNSTON, STANTEC, REGARDING THE CLARINGTON TRANSFORMER COMMUNITY WORKSHOPS, AN OVERVIEW OF THE HYDROLOGY AND HYDROGEOLOGY, AND FUTURE MONITORING Resolution #GPA- 496 -14 Moved by Councillor Woo, seconded by Councillor Hooper That the delegations of Brad Bowness, Hydro One, Brant Gill, Stantec, and Craig Johnston, Stantec, regarding the Clarington Transformer Community Workshops, an overview of the Hydrology and Hydrogeology, and future monitoring, be received with thanks. CARRIED DELEGATION OF KEVIN TUNNEY, TUNNEY PLANNING, REGARDING REPORT PSD- 052 -14, APPLICATIONS FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT 234 UNIT RESIDENTIAL DEVELOPMENT Kevin Tunney advised the Municipal Clerk's Department, during. the meeting, that he had withdrawn his delegation. RECESS Resolution #GPA- 497 -14 Moved by Councillor Partner, seconded by Councillor Traill That the Committee recess for 15 minutes. Mayor Foster left the meeting at 3:35 p.m. The meeting resumed at 4:01 p.m. with Councillor Woo in the Chair. -14- 4 -14 General Purpose and Administration Committee Minutes September 22, 2014 RECESS Resolution #GPA- 498 -14 Moved by Councillor Partner, seconded by Councillor Hooper That the meeting recess until Thursday, September 25, 2014 at 9:30 a.m. CARRIED The meeting resumed on Thursday, September 25, 2014 at 9:32 a.m. with Councillor Woo in the Chair, and all Members were present with the exception of Councillor Partner and Councillor Traill. PRESENTATIONS There were no presentations. SUSPEND THE RULES Resolution #GPA- 499 -14 Moved by Mayor Foster seconded by Councillor Hooper That the Rules of Procedure be suspended. CARRIED Resolution #GPA- 500 -14 Moved by Mayor Foster, seconded by Councillor Hooper That the correspondence of Paul Hoy, Bowmanville Professional Building concerning Public Meeting (Agenda Item 5(a)) be added to the agenda to be considered at the time. CARRIED Resolution #GPA - 501 -14 Moved by Mayor Foster, seconded by Councillor Hooper That correspondence from Paul Hoy, Bowmanville Professional Building, concerning the Public Meeting (Agenda Item 5(a)) regarding an Application to Permit an Expansion of the Bowmanville Professional Building and Permit the Creation of a New Parking Lot, Report PSD- 049 -14, be referred to the Director of Planning Services to be considered as part of the application review process. CARRIED E1612 4 -15 General Purpose and Administration Committee Minutes September 22, 2014 PLANNING SERVICES DEPARTMENT TO PERMIT AN EXPANSION OF THE BOWMANVILLE PROFESSIONAL BUILDING AND PERMIT THE CREATION OF A NEW PARKING LOT Resolution #GPA- 502 -14 Moved by Mayor Foster, seconded by Councillor Novak That Report PSD- 049 -14 be received; That the Official Plan Amendment and Zoning By -law Amendment applications I ubmitted by Bowmanville Professional Office Ltd., to permit the expansion of an existing medical centre, continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD- 049 -14 and any delegations be advised of Council's decision. WITHDRAWN Resolution #GPA- 503 -14 Moved by Mayor Foster, seconded by Councillor Novak That Staff be directed to bring forward the necessary Official Plan Amendment and Zoning By -law Amendment to approve the application for the expansion of the Bowmanville Professional Building and new parking lot, at the September 29, 2014 Council meeting. CARRIED PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 90 UNIT RESIDENTIAL DEVELOPMENT APPLICANT: BOWMANVILLE VILLAGE INC. Report PSD- 050 -14 was considered earlier under the Public Meeting section of the Agenda. ONTARIO HERITAGE TRUST RECOGNITION PROGRAM NOMINEES Resolution #GPA- 504 -14 Moved by Councillor Neal, seconded by Councillor Novak That Report PSD- 051 -14 be received; MM 4 -16 General Purpose and Administration Committee Minutes September 22, 2014 That the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates Ron Alldread and Susan Laing for recognition under the Heritage Community Recognition Program for their significant contributions to the -preservation of the cultural heritage of the Municipality of Clarington; and That Ron Alldread, Susan Laing, the Clarington Heritage Committee, Clarington Museums, and the Ontario Heritage Trust be advised of Council's decision. CARRIED APPLICATIONS FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT 234 UNIT RESIDENTIAL DEVELOPMENT APPLICANT: 289143 ONTARIO LIMITED Resolution #GPA- 505 -14 Moved by Councillor Novak, seconded by Councillor Neal That, Report PSD- 052 -14 be received; That the application for the proposed Draft Plan of Subdivision, submitted by 289143 Ontario Limited to permit the development of 234 residential units, be supported, subject to the conditions contained in Attachment 1 to Report PSD- 052 -14; That the Zoning By -law. Amendment application submitted by 289143 Ontario Limited be approved as contained in Attachment 2 to Report PSD- 052 -14; That once all conditions contained in the Official Plan and Zoning By- law'with respect to the removal of the (H) Holding Symbol are satisfied, the By -law authorizing the removal of the (H) Holding Symbol be approved; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -052- 14 and Council's decision; and That all interested parties listed in Report PSD- 052 -14 and any delegations be advised of Council's decision. TABLED (See following motion) -17- 4 -17 General Purpose and Administration Committee Minutes September 22, 2014 Resolution #GPA- 506 -14 Moved by Mayor Foster, seconded by Councillor Novak That the foregoing Resolution #GPA - 505 -14 be tabled until the General Purpose and Administration Meeting of January 5, 2015. CARRIED PRIORITY GREEN CLARINGTON — UPDATE NO. 2 Resolution #GPA- 507 -14 Moved by Councillor Hooper, seconded by Mayor Foster That Report PSD- 053 -14 be received for information. CARRIED AMENDMENT TO APPLICATION FEES BY -LAW PLANNING AND DEVELOPMENT APPLICATIONS Resolution #GPA- 508 -14 Moved by Mayor Foster, seconded by Councillor Hooper That Report PSD- 054 -14 be received; That the. Fee By -law Amendment, being a by -law to amend Schedule A of By -law 2010 -142, regarding the payment of fees for information and services provided by the Municipality of Clarington (Attachment 1 to Report PSD- 054 -14), be approved; That the Apartment -in -House By -law Amendment, being an amendment to By -law 97 -77 to require the registration of apartment -in -house units (Attachment 2 to Report PSD- 054 -14), be approved; THAT the fees be effective January 1, 2015; and That all interested parties to Report PSD- 054 -14 be advised of Council's decision. CARRIED 4 -18 General Purpose and Administration Committee Minutes September 22, 2014 APPLICATION FOR EXTENSION TO DRAFT APPROVAL BY HEADGATE DEVELOPMENTS INC. Resolution #GPA- 509 -14 Moved by Mayor Foster, seconded by Councillor Novak That Report PSD- 055 -14 be received; That the request to extend Draft Approval be denied; That the fee for a Major Red Line Revision to Draft Approval be used as the applicable fee for a revised proposed plan of subdivision for the subject lands, if received prior to January 1, 2015; That the Region of Durham Planning and Economic Development Department be forwarded a copy of Report PSD- 055 -14 -and Council's decision; and That all interested parties listed in Report PSD- 055 -14 and any delegations be advised of Council's decision. CARRIED PROPOSED GROUNDWATER PROTECTION BY -LAW Resolution #GPA- 510 -14 Moved by Councillor Novak, seconded by Councillor Hooper That Report PSD- 056 -14 be referred to the Region of Durham for further discussion and input. CARRIED LATER IN THE MEETING (See following motions) RECESS Resolution #GPA- 511 -14 'Moved by Councillor Neal, seconded by Councillor Hooper That the Committee recess for 15 minutes. CARRIED The meeting reconvened at 10:25 a.m. -19- 4 -19 General Purpose and Administration Committee Minutes September 22, 2014 PROPOSED GROUNDWATER PROTECTION BY -LAW - Continued Resolution #GPA- 512 -14 Moved by Mayor Foster, seconded by Councillor Novak That the solicitor client advice privilege be waived for the confidential Attachment to Report PSD- 056 -14. WITHDRAWN Councillor Partner returned to the meeting at 10:51 a.m. The foregoing Resolution #GPA -510 -14 was then put to a vote and carried. SUSPEND THE RULES Resolution #GPA - 513 -14 Moved by Mayor Foster, seconded by Councillor Hooper THAT the Rules of Procedure be suspended. CARRIED Resolution #GPA- 514 -14 Moved by Mayor Foster, seconded by Councillor Hooper That the correspondence from Rosalind H. Cooper, Fasken Martineau DuMoulin LLP, regarding the proposed By -law on Ground Water Protection, Report PSD- 056 -14 be added to the agenda to be considered at this time. CARRIED Resolution #GPA- 515 -14 Moved by Councillor Hooper, seconded by Councillor Partner That the correspondence of Rosalind H. Cooper, Fasken Martineau DuMoulin LLP, regarding the proposed By -law on Ground Water Protection be forwarded to the Region of Durham. -20- 4 -20 General Purpose and Administration Committee Minutes September 22, 2014 WIND TURBINE PROJECTS — APPEAL TO THE ENVIRONMENTAL REVIEW TRIBUNAL Resolution #GPA- 516 -14 Moved by Councillor Partner, seconded by Mayor Foster That, should the Municipality receive notice of a decision from the Ministry of the Environment and Climate Change approving either of the wind turbine projects proposed to be located in Clarington (EBR 012 -0615 — Clarington Wind Power (GP) Inc. .(Leader Resources) for the Clarington Wind Farm; EBR 012 -0793 — ZEP /Sprott Power Corporation, now Capstone for the Ganaraska Wind Farm) prior to the inaugural meeting of Clarington Council on December 1, 2014, Staff be directed to appeal such decision(s) to the Environment Review Tribunal. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) CLOSED SESSION Resolution #GPA- 517 -14 Moved by Councillor Neal, seconded by Councillor Traill That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: • a matter that deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose. WITHDRAWN Resolution #GPA- 518 -14 Moved by Councillor Neal seconded by Councillor Traill That the foregoing Resolution #GPA- 516 -14 be amended by adding the following at the end: "THAT Staff be directed to prepare a report, for the Council meeting of September 29, 2014, regarding the following, as it relates to an appeal to the Environment Review Tribunal: the grounds for appeal; the likelihood of success; and" the exposure in the event that the Municipality is unsuccessful. CARRIED -21- 4 -21 General Purpose and Administration Committee Minutes September 22, 2014 The foregoing Resolution #GPA- 516 -14 was then put to a vote and carried as amended. Councillor Novak chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT PROPOSED AMENDMENTS TO TRAFFIC AND PARKING BY -LAW 2014 -059 Resolution #GPA - 519 -14 Moved by Mayor Foster, seconded by Councillor Hooper That Report EGD- 023 -14 be received; and That Council approve the By -law, attached to Report EGD- 023 -14, to amend By -law 2014 -059. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST 2014 Resolution #GPA- 520 -14 Moved by Councillor Woo, seconded by Councillor Partner THAT Report EGD- 024 -14 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Neal chaired this portion of the meeting. '•im 4 -22 General Purpose and Administration Committee Minutes . September 22, 2014 COMMUNITY SERVICES DEPARTMENT COMMUNITY GRANT PROGRAM AND APPLICATION REVIEW Resolution #GPA- 521 -14 Moved by Councillor Partner, seconded by Mayor Foster That Report CSD- 014 -14 be received; and That the revised Community Grant Program and Application Form be approved. CARRIED NEW YEAR'S EVE FAMILY CELEBRATION Resolution #GPA- 522 -14 Moved by Councillor Novak, seconded by Councillor Hooper That Report GSD- 015 -14 be received for information. CARRIED Councillor Traill chaired this portion of the meeting. CLERK'S DEPARTMENT SNOW REMOVAL REGULATIONS Resolution #GPA- 523 -14 Moved by Councillor Partner, seconded by Councillor Woo That Report CLD- 022 -14. be received; That the time period for residents to clear away and remove snow, slush or ice, from any sidewalk in front of, alongside, or at the rear of their property, be amended to 24 hours; That the costs for the Municipality to remove snow, slush or ice from any sidewalk where the owner /occupant has failed to remove it, be amended to reflect the fees detailed in Section 12 of Report CLD- 022 -14; and That the draft By -law, included as Attachment 1 to Report CLD- 022 -14, be approved. CARRIED -23- 4 -23 General Purpose and Administration Committee Minutes September 22, 2014 APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER — CO -OP STUDENT Resolution #GPA- 524 -14 Moved by Councillor Hooper seconded by Councillor Neal That Report CLD- 024 -14 be received; and That the By -law, appointing Ms. Katelyn Montgomery as a Municipal Law Enforcement Officer, attached to Report CLD- 024 -14, be passed. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT DARLINGTON SPORTS CENTRE RENOVATION OF THE ICE RESURFACER ROOM Resolution #GPA- 525 -14 Moved by Councillor Hooper, seconded by Councillor Woo That Report COD - 017 -14 be received; That Gallant Construction Limited, with a revised bid amount of $242,350.00 (net HST rebate), being the lowest compliant bidder meeting all terms, conditions and specifications for tender CL2014 -18, be awarded the contract for the Darlington Sports Centre Renovation of the Ice Resurfacer Room as required by Community Services Department; That the funds required, in the amount of $267,250.00 (net HST Rebate), which includes construction costs, contract administration and contingencies, be drawn from the following Community Services Department Accounts: ;and 4 -24 Description DSC — Mechanical Room Expansion G/L Account 110 -42- 421 - 84267 -7401 -24- Amount $ 250,000.00 General Purpose and Administration Committee Minutes September 22, 2014 That additional funds, in the amount of $ 17,250.00 (net HST Rebate), be provided from the following Account: Description Municipal Capital Works Reserve Fund FINANCE DEPARTMENT 201412015 INSURANCE PROGRAM Resolution #GPA- 526 -14 G/L Account 110 -42- 421 - 84267 -7401 X-110611101 Moved by Councillor Novak, seconded by Councillor Partner That Report FND- 018 -14 be received; Amount $ 17,250.00 That the general insurance placement, in conjunction with-the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company, for an integrated pooling arrangement that includes integrated insurance coverages and common self- retention deductible levels for the period July 1, 2014 to June 30, 2015, at an approximate cost to Clarington of $930,914 (net of reallocation), be confirmed; That Clarington's contribution reduction of $64,023; resulting from an updated allocation amongst pool members, be transferred to the Self- Insured Losses Reserve; That Clarington's share of the $1.5 million Durham Municipal Insurance Pool surplus funds, being distributed back to pool members, in the amount of $202,950, be deposited to the Self- Insured Losses Reserve with recommendations to be included in the 2015 budget for risk management initiatives to reduce future claims; That Clarington strongly encourage the Association of Municipalities of Ontario to continue to seek joint and several liability change in Ontario, and Association of Municipalities of Ontario be advised; and That the Attorney General of Ontario be petitioned to reconsider their decision to not proceed with proposed solutions to provide some reasonable limits on the impacts to municipalities of joint and several liability; and That the Attorney General's Office and local members of Provincial Parliament in Durham Region be so advised. CARRIED -25- 4 -25 General Purpose and Administration Committee Minutes September 22, 2014 TAX WRITE -OFFS UNDER SECTION 354(2)(A), 354(4)(A) AND 354(4)(B) OF THE MUNICIPAL ACT, 2001 Resolution #GPA- 527 -14 Moved by Councillor Neal, seconded by Councillor Hooper That Report FND- 019 -14 be received; and That the Treasurer be authorized, under Section 354(2)(a), 354(4)(a) and 354(4)(b) of the Municipal Act 2001 to write -off taxes as uncollectible and charge back the proportionate amounts to the Region of Durham and the Province. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS EASEMENT AGREEMENT BETWEEN HYDRO ONE NETWORKS INC. AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FOR THE USE OF AN UNOPENED ROAD ALLOWANCE TO ACCESS HYDRO ONE NETWORKS INC. LANDS Resolution #GPA- 528 -14 Moved by Councillor Novak, seconded by Councillor Hooper That Report EGD- 020 -14 be received; That the Easement Agreement (Attachment 2) for access purposes by Hydro One Network Inc. (HONI) for the use of the unopened road allowance between former Townships of East Whitby and Darlington (that part of the unopened road allowance north of Winchester Road as shown in Schedule 'A' of Attachment 2) be denied; That all interested parties listed in Report EGD- 020 -14 and any delegations, be advised of Council's decision. WITHDRAWN LATER IN THE MEETING (See following motions) -26- 4 -26 General Purpose and Administration Committee Minutes September 22, 2014 CLOSED SESSION Resolution #GPA- 529 -14 Moved by Councillor Neal, seconded by Councillor Hooper That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: • a matter that deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 12:07 p.m. with Mayor Foster in the Chair. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. EASEMENT AGREEMENT BETWEEN HYDRO ONE NETWORKS INC. AND THE COPORATION OF THE MUNICIPALITY OF CLARINGTON FOR THE USE OF AN UNOPENED ROAD ALLOWANCE TO ACCESS HYDRO ONE NETWORKS INC. LANDS - CONTINUED Resolution #GPA- 530 -14 Moved by Councillor Neal, seconded by Councillor Partner That the foregoing Resolution #GPA- 528 -14 be amended by adding the following at the end: "That the easement over Townline Road be granted to Hydro One, if they agree to full water monitoring to the depth of the Thorncliffe Formation as recommended by Dr. Cherry, at the full expense of Hydro One; and That Hydro One allow testing on their property." WITHDRAWN LATER IN THE MEETING (See following motions) Resolution #GPA- 528 -14 was withdrawn by Councillor Novak. -27- 4 -27 General Purpose and Administration Committee Minutes September 22, 2014 Resolution #GPA- 531 -14 Moved by Councillor Neal, seconded by Councillor Partner That the easement over Townline Road be granted to Hydro One, if they agree to full water monitoring to the depth of the Thorncliffe Formation as recommended by Dr. Cherry, at the full expense of Hydro One; and That Hydro One allow testing on their property. WITHDRAWN RECESS Resolution #GPA- 532 -14 Moved by Councillor Neal, seconded by Councillor Partner That the Committee recess for one hour. CARRIED The meeting reconvened at 1:27 p.m. with Mayor Foster in the chair. EASEMENT AGREEMENT BETWEEN HYDRO ONE NETWORKS INC. AND THE COPORATION OF THE MUNICIPALITY OF CLARINGTON FOR THE USE OF AN UNOPENED ROAD ALLOWANCE TO ACCESS HYDRO ONE NETWORKS INC. LANDS — Continued Resolution #GPA- 533 -14 Moved by Councillor Neal, seconded by Councillor Partner That Report EGD- 020 -14 be received; That the easement be granted on the condition that Hydro One Networks, at its cost, amend the groundwater monitoring program to include multi -level monitoring down to the Thorncliffe formation as soon as possible; and That Dr. Rick Gerber be invited to participate. CARRIED • General Purpose and Administration Committee Minutes September 22, 2014 PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 23 UNIT RESIDENTIAL DEVELOPMENT APPLICANT: ZEMER HOLDINGS LTD. Resolution #GPA- 534 -14 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD- 047 -14 be received; That Addendum to Report PSD- 047 -14 be received; That the application for the proposed Draft Plan of Subdivision, submitted by Zemer Holdings Ltd. to permit the development of 23 residential units be supported, subject to revision, to delete the westerly four lots from Block 3 and incorporate them into Block 7 and to the conditions contained in Attachment 1 to Report PSD- 047 -14 as appropriately amended; That the Zoning By -law Amendment application submitted by Zemer Holdings Ltd. be approved as contained in Attachment 2 to Report PSD- 047 -14 with the exception that the four westerly lots in Block 3 remain zoned as "A" Agricultural; That once all conditions contained in the Official Plan and Zoning By -law with respect to the removal of the (H) Holding Symbol are satisfied, the By -law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 047 -14 and Council's decision; and That all interested parties listed in Report PSD- 047 -14 and any delegations be advised of Council's decision. CARRIED APPLICATION TO PERMIT FOUR SEMI - DETACHED /LINKED LOTS (8 UNITS) HAVING A MINIMUM LOT FRONTAGE 17 METRES APPLICANT: ZEMER HOLDINGS LTD. Resolution #GPA- 535 -14 Moved by Councillor Traill, seconded by Councillor Partner That Report PSD- 048 -14 be received; -29- 4 -29 General Purpose and Administration Committee Minutes September 22, 2014 That the application to amend the Zoning By -law 84 -63 submitted by Zemer Holdings Ltd. be approved, and that the Zoning By -law Amendment, as contained in Attachment 1 to Report PSD- 048 -14, be passed; That once all conditions related to the creation of the lots and extension of Cotton Street have been satisfied as outlined in the Clarington Official Plan with respect to the removal of the (H) Holding Symbol, the By -law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 048 -14 and Council's decision; and That all interested parties listed in Report PSD- 048 -14 and any delegations be advised of Council's decision. OTHER BUSINESS Councillor Hooper announced the following: Sarah Jane Williams Heritage Centre, "Clarington Remember ", Friday, October 10, 2014 from 6:30 p.m. to 8:00 p.m.at 62 Temperance Street, Bowmanville. Annual "Family Safety Day ", Clarington Fire Station 1, 10:00 a.m. to 3:00 p.m. MusicCounts, Grant Application Program, Contact Laura Kennedy or visit www.musicounts.ca. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. -30- =1111 General Purpose and Administration Committee Minutes September 22, 2014 ADJOURNMENT Resolution #GPA- 536 -14 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 2:02 p.m. MAYOR .a1T:7T DEPUTY CLERK -31- 4-31 Cam: Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: CLD- 025 -14 Resolution Number: File Number: By -law Number: Report Subject: Durham Land Division Committee Appointment Recommendations: 1. That Report CLD- 025 -14 be received; 2. That be nominated as the Municipality of Clarington's appointed to the Durham Region Land Division Committee; and 3. That all interested parties listed in Report CLD- 025 -14 be advised of Council's decision. 13 -1 Municipality of Clarington Report CLD- 025 -14 Paae 2 Report Overview This report is intended to provide background information, regarding the Durham Land Division Committee, to assist in the appointment of a citizen to the Committee. 1. Background 1.1. General The Durham Land Division Committee considers land severance applications as an alternative means of subdividing land to that of a formal plan of subdivision. The Region of Durham plans to make appointments to the Land Division Committee at the Regional Council meeting of December 17, 2014. Pursuant to the policy of the Regional Council, each area municipality nominates names for appointment, and the Regional Council makes the appointments. 1.2. Durham Land Division Committee Accordingly, the Municipal Clerk's Department advertised for the vacancy. Advertisements were placed on the website, and in the local papers with a deadline of noon on Monday, December 1, 2014. The following individuals have put forward an application for consideration: • John Bellman • Jeff Caplan • Paul Davidson • Steve Hennessey • Jean - Michel Komarnicki • Philip Lamere • Robert Malone • Hida Manns • Tyler Philp • Joy Vaneyk • Jim Vinson 1 Mr. Komarnicki was appointed to the Durham Land Division Committee as Clarington's representative for the term 2010 -2014. The applications for the above -named individuals have been circulated under separate cover (Attachment 1) as they contain personal information about the individuals. 2. Concurrence Not Applicable 13 -2 Municipality of Clarington Resort CLD- 025 -14 3. Conclusion e3 It is recommended that one of the following be nominated as the Municipality of Clarington's appointee to the Durham Land Division Committee: • John Bellman • Jeff Caplan • Paul Davidson • Steve Hennessey • Jean - Michel Komarnicki • Philip Lamere • Robert Malone • Hida Manns • Tyler Philp • Joy Vaneyk • Jim Vinson 4. Strategic Plan Application Not applicable. Submitted by: ,,C'.-Anne -greentree Municipal Clerk Reviewed b : X Franklin Wu, Chief Administrative Officer Staff Contact: June Gallagher, Deputy Clerk, 905 - 623 -3379 ext. 2103 or jgallagher@clarington.net Attachments: Attachment 1 - Confidential Applications to the Durham Region Land Division Committee (Distributed separately) The following is a list of the interested parties to be notified of Council's decision: Deborah Bowen, Regional Clerk/Director of Legislative Services, Region of Durham All Applicants CAG /jeg 13 -3 6 LK Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: CLD- 026 -14 Resolution Number: Pile Number: By -law Number: Report Subiect: Civil Marriage Ceremonies Recommendations: 1. That Report CLD- 026 -14 be received; 2. That Council lift the restrictions regarding the Municipality of Clarington's provision of civil marriage ceremonies to allow them to take place outside of the Council Chambers, and at times other than Monday to Friday, at the discretion of the Municipal Clerk; and 3. That the draft by -law attached to Report CLD- 026 -14, as Attachment 2, be approved, providing for the above changes. 13 -4 Municipality of Clarington Reoort CLD- 026 -14 In the interest of customer service and efficiency, this Report proposes to allow the Municipal Clerk, or designate, to perform civil marriage ceremonies outside of the Council Chambers, and at times other than Monday to Friday, at the discretion of the Municipal Clerk. 13 -5 In the fall of 2004, the Minister of Consumer and Business Services changed the regulations under the Marriage Act which authorized clerks of local municipalities to perform civil marriages and to set fees to recover the cost of providing this service. In addition, if a municipality opts to offer the service, the Municipal Clerk has the ability to delegate the responsibility to perform marriages to any person, other than a Member of Council. The following are the applicable sections of the Marriage Act and Regulation 285/04, respectively: "24(1) A judge, a justice of the peace or any other person of a class designated by the regulations may solemnize marriages under the authority of a licence." "For the purposes of subsection 24 (1) of the Act, the clerk of a local municipality is authorized to solemnize marriages under the authority of a licence." Arising out of Report CLD- 37 -04, regarding civil marriage services, Council enacted the attached By -law 2004 -253 (Attachment 1), setting out the civil marriage services location (the Council Chambers), times (Monday to Friday) and fee ($250). Statistics On average the Clerk's Department performs 85 civil marriage ceremonies per year. On average, the Clerk's Department has requested twice a year that Council waive the provisions of By -law 2004 -253. Due to the limitations of the existing by -law, where deemed appropriate to accommodate the request, an amending by -law has been required. Currently, the Municipal Clerk, the Deputy Clerk, and the Administrative Assistant are the only Clarington civil marriage officiants. Municipality of Clarincgton Report CL®- 026 -14 Page 3 Occasionally, the Municipal Clerk receives a request to perform a civil marriage ceremony outside of the parameters of By -law 2004 -253 (i.e. not Monday to Friday or not in the Council Chambers). Typically the fee is also waived. The fee is mainly a booking fee to book the Council Chambers. Since the Council Chambers are not being used and the officiant is on their own time when performing the ceremony, the waiving of the fee is considered reasonable. In the interest of efficiency and improved customer service, it is recommended that Council lift the restrictions regarding the Municipality of Clarington's provision of civil marriage ceremonies to allow them to take place outside of the Council Chambers, and at times other than Monday to Friday, at the discretion of the Municipal Clerk. Customer Service This change would result in timely decisions and commitments being made to the couple and streamline the approval process. For instance, if a request came after the last Council meeting before the summer break, for a wedding in the summer or early September, we could not commit to performing the ceremony because we couldn't presume whether Council would agree and pass the by -law. Limited Basis It should be noted that if this delegation of authority was used, it would be on a limited basis at the discretion of the Municipal Clerk and is not intended to impact the marriage services offered by external officiants. Not Applicable. M IM =1 It is recommended that Council lift the restrictions regarding the Municipality of Clarington's provision of civil marriage ceremonies to allow them to take place outside of the Council Chambers, and at times other than during regular business hours, at the discretion of the Municipal Clerk. 13 -6 Municipality of Clarington Report CLD- 026 -14 Not applicable. If � 9 Submitted by: _ n reentree Municipal Clerk Page 4 Reviewed by: 0 Y _ Franklin Wu, Chief Administrative Officer Staff Contact: June Gallagher, Deputy Clerk, 905 - 623 -3379 ext. 2103 or jgallagher @clarington.net Attachments: Attachment 1 — By -law 2004 -253 Attachment 2 — Draft By -law The following is a list of the interested parties to be notified of Council's decision: None CAG /jeg 13 -7 ATTACWMENr #—J,- T$ R EPO BT # THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2004 -253 Being a by -law to provide for Civil Marriage Services to be Offered by the Municipality of Clarington WHEREAS changes to the regulations under the Marriage Act (through O.Reg 285/04) now authorize clerks of local municipalities to perform civil marriages; AND WHEREAS municipalities have the option to offer civil marriages as a municipal service if they so choose and to set fees to recover.the cost of providing this service: NOW THEREFORE BE IT ENACTED: 1. THAT the Municipality of Clarington "opt in" to providing civil marriage services; 2. THAT civil marriage services be provided Monday to Friday in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville; 3. THAT the fee for civil marriages be set at $250.00 S By -law read a first and second time this 13th day.of December 2004 By -law read a third time and-finally passed this 13th day of December 2004. _ j4l n- Mm2_:E�04, -Mayor P ti Ba ie; Municipal Clerk 13 -8 Attachment 2 to Municipality of Clarington Report CLD- 026 -14 The Corporation of the Municipality of Clarington By -law 2014 —XXX Being a By -law to provide for Civil Marriage Services to be offered by the Municipality of Clarington. Whereas the Council of the Municipality of Clarington passed By -law 2004 -253 exercising the option to offer civil marriages as a municipal service, restricting the service to the Council Chambers located at 40 Temperance St., Bowmanville, between Monday and Friday; And whereas the Council of the Municipality of Clarington deems it expedient to lift these restrictions, under the discretion of the Municipal Clerk; Now therefore be it enacted: That By -law 2004 -253 be amended by adding the following wording to the end of Paragraph 2: "or otherwise at the discretion of the Municipal Clerk." 2. This by -law shall become effective on the date of passage. By -law passed this day of December, 2014. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 13 -9 Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: CLD- 028 -14 Resolution Number: File Number: C07.AC By -law Number: Subject: Accessibility Initiatives Undertaken for 2014 Municipal Elections Recommendations: 1. That Report CLD- 028 -14 be received; and 2. That a copy of Report CLD- 028 -14 be forwarded to Elections Ontario, Elections Canada, and the Ministry of Municipal Affairs and Housing. 13 -10 Municipality of Clarington Report CLD- 028 -14 WW This report is provided in accordance with the requirements of the Municipal Elections Act, 9996, and details the accessibility measures incorporated into the Clarington 2014 Municipal Elections. 1. Background 1.1. General This Report is being submitted to Council in accordance with s.12.1(2) of the Municipal Elections Act, 9996, which requires the Municipal Clerk to report to Council, within 90 days of the election, detailing the identification, removal and prevention of barriers that affected electors and candidates with disabilities during the 2014 Municipal Election. On October 27, 2014 there were 62,329 eligible electors in the Municipality of Clarington. Of those eligible, 19,032 exercised their right to vote (30.53 %). According to Statistics Canada's "Disability in Canada: Initial findings from the Canadian Survey on Disability" fact sheet, 13.7% of Canadians and 15.4% of Ontarians have some sort of disability. Therefore we can estimate that 9599 eligible electors are limited in their abilities, whether it be vision, hearing, mobility, speech, mental health, or learning. Our 2014 Municipal Elections were conducted via traditional voting location, paper ballot, with vote tabulator vote count process. The Municipality was divided into 33 Voting Subdivisions stationed at 33 voting locations on Voting Day, with 11 Advance Voting opportunities held throughout the Municipality over 5 days. Approximately 306 people were hired as Election Officials to assist in executing this event. To ensure dignity, fairness, integration and equal opportunity for all of our Clarington electors, the Clerk's Department undertook several initiatives. In developing our initiatives to ensure we were maximizing our efforts and meeting our goals, staff contemplated the recent Canadian Human Rights Tribunal Decision regarding a Human Rights Complaint against Elections Canada, the AMCTO Election Team, Elections Ontario, Elections Canada, and the Clarington Accessibility Advisory Committee for input and feedback. We are proud to report that all 33 voting locations were deemed accessible, we provided audio /tactile voting assistive devices on all five of our Advance voting days, our Municipal Election website was enhanced to provide more comprehensive information regarding our election activities, and all of our Election Officials were trained on Accessible Customer Service standards. Attachment 1 to this Report details those initiatives. The total estimated cost for implementing these initiatives is $3,000. Additionally, we introduced "Special Mail -in Ballots ", which was a process available to all those that are physically incapacitated, away from the area on Voting Day, or who are working as an Election Worker on Voting Day. This allowed those eligible to mark their ballot at home and mail or deliver the ballot to the Clerk's Department. 13 -11 Municipality of Clarington Report CLD- 028 -14 Page 3 2. Concurrence Not Applicable 3. Conclusion We are confident that the accessibility initiatives undertaken by the Clerk's Department for Clarington's 2014 Municipal Elections met and exceeded the needs within our community. Staff will continue to monitor the technologies and processes of conducting elections, and will continue to receive feedback from our electors, to ensure that our 2018 Municipal Election process will ensure dignity, fairness, integration and equal opportunity for all of our Clarington electors. 4. Strategic Plan Application Not applicable. Submitted by: eviewed by e Franklin Wu, Chief Administrative Officer Staff Contact: Anne Greentree, Municipal Clerk, 905 - 623 -3379 ext. 2102 or agreentree@clarington.net Attachments: Attachment 1 — Accessibility Initiatives Details Attachment 2 — Voting Location Site Inspection Information Attachment 3 —Accessibility Feedback Form Attachment 4 — Customer Service Feedback Form Attachment 5 — Continuous Accessibility Audit Form The following is a list of the interested parties to be notified of Council's decision: Marc Mayrand, Chief Electoral Officer, Elections Canada Greg Essensa, Chief Electoral Officer, Elections Ontario Diane Ploss, Municipal Advisor, Ministry of Municipal Affairs and Housing CAG /jeg 13 -12 Attachment 1 CLD -028 -14 Identification of Barriers Staff took the following actions to identify barriers that affect electors and candidates with disabilities: Actions Details / Key Learnings / Vision for 2018 1. Reviewed with and received While the Committee appreciated the input from our Accessibility opportunity to review our "accessibility Advisory Committee our election measures plan ", staff, in turn appreciated the accessibility initiatives constructive feedback from the Committee. Would consider taking similar action in 2018. 2. Created an accessibility checklist Checklist proved useful as a guide to ensure for election personnel to use all features of the location were inspected. when conducting site visits of each voting location Information was entered into election (See Attachment 2, Voting management software, for ease of use. Location Site Inspection Information) Would consider taking similar action in 2014 with some modifications to the form. 3. Assessed voting processes and Very challenging to envision needs of ALL procedures to ensure it met the electors. needs of the electorate. Would consider taking similar action in 2018. 4. Special Mail -in Ballot — where the In light of the recommendations arising out of elector can request a mail -in the 2010 accessible election review, we ballot package incorporated a "Special Mail -In Ballot" process to be used in the following three specific circumstances: • Physical incapacity. ® Absence from the Municipality of Clarington for the Advance Voting period and on Voting Day. ® 1 have been appointed as an Election Official for Clarington's 2014 Municipal Elections and I am unable to vote at the Advance Vote or at my designated voting place on Voting Day. Of the 39 electors took advantage of this option, only one used this method due to physical incapacity. Will review this option in 2018. 13 -13 Attachment i CLD -028 -14 Actions Details / Key Learnings / Vision for 2018 5. Proxy Voting Proxy voting was available to all eligible Each candidate was provided with a hardcopy electors. This method involves the voter of the candidate information package. appointing another eligible voter to "vote by Additionally, these materials were also posted proxy" at the voting location. Twenty -three on the website or offered directly in electronic eligible voters applied to use this method. form. Interestingly enough, though, most Would consider taking similar action in 2018. 6. Communicated with staff from Sharing of knowledge and experiences is electronic option. various municipalities throughout always valuable. Correspondence containing voters' lists and Ontario and other parts of advanced voting participation lists were Canada to seek input on barriers Would consider taking similar action in 2018. provided to candidates in an electronic format. they have identified Removal and Prevention of Barriers Staff took the following actions to remove and prevent barriers that affect electors and candidates with disabilities: Actions Details / Key Learnings / Vision for 2018 Communications and Information 1. Ensured communication Each candidate was provided with a hardcopy initiatives and information for of the candidate information package. candidates and electors were Additionally, these materials were also posted available in alternate formats on the website or offered directly in electronic form. Interestingly enough, though, most candidates did not take advantage of the electronic option. Correspondence containing voters' lists and advanced voting participation lists were provided to candidates in an electronic format. Consideration will be given to move towards more electronic communications in 2018 to minimize costs and expedite delivery. 2. Posted all information to The 2014 Municipal Elections website was Municipality's website very comprehensive. We created a new "user friendly" URL: votesmatter. clarington. net 13 -14 Attachment 1 CLD -028 -14 Actions Details / Key Learnings / Vision for 2098 Accessible elections information, which was posted on the website, included: ® Voting process ® Voting locations ® Transit information ® Parking ® Entrances ® Interior Voting Areas ® Special Voting Locations ® Voting Tools ® Proxy Voting ® Special Mail -in Ballots ® Personal Assistance • Distribution of election information in alternative formats • Disruption of services • Feedback • Accessible Elections Policies and Procedures Statistics indicate that during the period between September 1St and October 31St, our election site had 45,000 page views. We are confident, therefore, that the site was well used by candidates and members of the public, and consideration will be given to make the website a focus for 2018. 3. Provided a copy of and links to: a Several candidates indicated that they Candidates Guide to Accessible appreciated all the information provided to Elections, produced jointly by the them. Association of Municipal Managers, Clerks and Treasurers Would consider taking similar action in 2018. of Ontario and the Province. 4. Solicited feedback on Although feedback was minimal (9 responses) accessibility initiatives through and mostly positive, we believe it is critical our Election web page and by that we continue to promote feedback from way of manual form, Accessibility our electors, and therefore would consider Feedback Form, at each of the taking similar action in 2018. voting locations (See Attachment 3) 13 -15 Attachment 1 CLD- 028 -14 Actions Details / Key Learnings / Vision for 2018 5. Provided all election officials with In accordance with Ontario Regulation accessible customer service 429/07, Accessibility Standards for Customer training Service made under the Accessibility for Ontarians with Disabilities Act, 2005 all election officials received training regarding interaction with all of our electors, regardless of their abilities or disabilities. Training also included the proper use of accessibility tools available for electors to use to assist with the voting process. Training was also provided to the Voting Place Supervisors working at the Advanced Voting Opportunities offering audio /tactile ballot marking devices — although no elector took advantage of this opportunity. Would consider taking similar action in 2018. 6. Provided "Customer Service Customer Service Feedback forms were Feedback Forms" provided at all voting locations, which were designed to allow the elector to evaluate all (See Attachment 4) aspects of the Election Officials' customer service, including accessibility. Although we received minimal response (10 responses), it is still felt that this is a valuable communication tool. None of the feedback forms referenced an accessibility issue. Would consider taking similar action in 2018. 7. Provided information to The 2014 Candidate's Information Package Candidates re Campaign included the Ministry of Municipal Affairs Expenses and in particular rules Candidate Guide. This Guide explained the affecting candidates with rules respecting expenses incurred by disabilities candidates specific to accessibility accommodations. Additionally, staff attended two Candidate Information Sessions, hosted by the Ministry of Municipal Affairs and Housing during which campaign finances were discussed. Would consider taking similar action in 2018. 13 -16 Attachment 1 CLD- 028 -14 Actions retails / Key Learnings /.Vision for 2098 Voting Locations 8. Provided Voting Place In response to findings of our initial site Supervisors with list of location- inspections, a list of special instructions was specific instructions to improve created for each location requiring any special accessibility of the location. set -up. This list was supplied to the Election Official to ensure the needs were addressed on Voting Day. While built accessible features are important, location and proximity to the electors is also important. That said, however, financial constraints of school boards and local hall boards create challenges when trying to address built deficiencies such as ramps, auto door openers, etc. In some cases, alternate facilities were selected. Would consider taking similar action in 2018. 9. Continuous Accessibility One election official for each voting location Inspection was assigned the responsibility of ensuring the initial set -up of the voting location met our (See Attachment 5) customer service standards. This same individual was required to conduct hourly inspections throughout the Location to ensure that the Location remained accessible and barrier free. These inspections were documented along with any deficiencies and actions taken. This task was easily executed and we received only a couple of complaints regarding barriers at the voting locations, which were remedied on site. Would consider taking similar action in 2018. 10. Utilized table lifts at each voting To accommodate the needs of any elector in location a scooter, wooden /ABS table lifts were provided and deployed in each voting location to provide an alternative higher work table. This accommodation was easy, relatively inexpensive and well used by many electors. Would consider taking similar action in 2018. 13 -17 Attachment 1 CLD- 028 -14 Actions Details /Key Learnings / Vision for 2018 11. Provided appropriate signage at Each voting location was supplied with a voting locations variety of signs (varying colours, fonts and sizes, etc.). Signs were posted at the roadside, front entrance, along hallways and inside the Voting Place. Where required, additional signs were provided. Feedback from election officials confirmed the appropriateness and usefulness of the signs. Would consider taking similar action in 2018. 12. Ensured designated or reserved Each voting location had a minimum of two parking for persons with - designated Accessible parking space. disabilities at each. voting location Additional signage was provided where there were any deficiencies. Would consider taking similar action in 2018. 13. Provided a significant number of To minimize the distance travelled by electors voting locations throughout the to attend their respective voting location, 33 Municipality on Voting Day and voting locations were designated throughout during the Advance Voting the Municipality. Despite these period. accommodations, there were a few electors who expressed concerns that they were not voting at their "usual" voting location. During the Advance Voting period (being 5 days), voting locations were designated centrally throughout the four wards. However only 79 electors, over 2 days, took advantage of the Haydon voting location. Would consider maintaining the number of voting locations for the advance voting in 2014. The number of voting locations on Voting Day will be reviewed for the 2018 election. 13 -18 Attachment 1 CLD -028 -14 Actions Details / Key Learnings / Vision for 2018 14. Public Transportation Access Where possible, voting locations were selected to ensure easy-access public transit stops. Given the geographic landscape of Clarington, public transportation is not a viable option in many of the more rural areas. No feedback was received regarding use of public transportation to travel to the voting location. Would consider taking similar action in 2018. 15. Provided fully accessible voting One Advance voting location, on each of the assistive device at all five five Advance Voting days, was supplied with.a Advance Voting Days, Voting Assistive Device which, through an audio /tactile interface, enabled electors with visual and mobility impairments to independently cast their ballot. Election Officials were thoroughly trained on the Accessible voting assistive device (hands - on) and were prepared to provide all the necessary instructions to the elector on using the equipment. While the availability of the equipment was advertised through our election website, the local newspapers and notices mailed to every household, we did not have any electors who took advantage of the voting assistive equipment.. Would consider taking similar action in 2018. 16. Provided vote anywhere in the Electors were offered a total of 11 voting Municipality at an advance poll opportunities.. To accommodate the needs and schedules of our electors, a "vote anywhere" option was available in that our electors were eligible to vote at ANY advance vote location throughout the Municipality. Would consider taking similar action in 2018. 13 -19 Attachment 1 CLD- 028 -14 Actions Details / Key Learnings / Vision for 2018 17. Provided voting opportunities on In accordance with the requirements of the the premises of: Act, we provided on -site voting for the a) an institution in which 20 or residents of: more beds are occupied by ® White Cliffe Terrace Retirement persons who are disabled, Residence chronically ill or infirmed; ® Glen Hill Strathaven b) a retirement home in which 50 Glen Hill Marnwood or more beds are occupied ® Lakeridge Health Bowmanville ® Seasons Clarington 0 Fosterbrooke Long -Term Care Facility In response. to electors' concerns about the shared facilities at Seasons Clarington Long Term Care facility and Seasons Clarington Condominium development, we allowed electors from both facilities to vote at the Special Voting Location. No elector voted at the Lakeridge Health Bowmanville long term care special voting location. Would consider taking similar action in 2018. 18. Provided magnifying sheets and Small, portable magnifying sheets were large print images of ballots at all available at all voting locations. These sheets voting locations were very well received by the electors and were frequently used. Large print images of ballots were provided at all voting locations. Would consider taking similar action in 2018. 19. Provided a variety of marking To accommodate electors with varying tools at all voting locations on mobility impairments, a variety of marking Voting Day tools was available for use by the electors (e.g. thick pens, skinny pens, markers, etc.). No feedback was provided regarding this initiative. Would consider taking similar action in 2018. 13 -20 Attachment 1 CL®- 028 -14 Actions Details / Key Learnings / Vision for 2018 20. Checked the access doors An Election Official (Greeter) was assigned to frequently to offer assistance and work at each voting location to greet electors watch for electors unable to and provide any assistance to them upon easily enter the building entering the voting place. Voting locations where there were no automatic door opener or where the entrance to the voting location was not within the immediate vicinity of the voting place had additional Election Officials assigned to them. These additional Officials opened the doors for the electors and provided assistance (verbal or otherwise) to electors to ensure easy access to and within the voting place. Would consider taking similar action in 2018. Staff Training & Assistance 21. Staff training incorporated The Accessible Customer Service training provisions to meet accessible component was delivered lecture - style, and customer service standards with a video, inviting audience participation. As well, the concepts were reinforced through discussions. The principles of the Municipal Elections Act, 1996 and the requirements of the Ontarians with Disabilities Act were clearly communicated to the Election Officials to help them apply critical thinking to successfully take action when encountering a unique situation at the voting location (e.g. offering curb -side voting to an elector). Feedback from Election Officials confirmed that the training was appropriate and relevant. Would consider taking similar action in 2018. 22. Provided reference materials In support of the three hour Election Official training session, each Official also received an assignment- specific training manual which underscored the need to treat all electors equally with dignity while maintaining their right to secrecy. 13 -21 Attachment 1 CLD- 028 -14 Actions Details I Key Learnings % Vision for 2018 Feedback from Election Officials confirmed that the training and supporting materials were appropriate and relevant. Would consider taking similar action in 2018. 23. Election Officials available to Election Officials were trained to ready assist as required themselves to assist electors where and when necessary, but not to make assumptions and /or interfere. Would consider taking similar action in 2018. 24. Training videos for Election Recognizing that everyone learns differently, Workers who learn visually we incorporated six training videos in our training sessions for all of our election workers. 13 -22 Attachment 2 CLD-028-14 Voting Location Site Inspection Information The following are printscreens of the fields completed regarding each location, including accessibility information: . . . . ... . ... . . ......... . ........ .. Fadlji�f Notes Opening I Closing contact name Construction Plans? Light timer? ;'-)Yes ()No Accessible %Vaslrooms - Women? Pov er Supply Test Outlet rFon-i Vote, T?bula'orifln fee 4) 13-23 Fire DOU Discussion (-)Yes "-'1vto Heat VI'merr Accessible Washrooms - [.Alen? yes ,ado Telephone Ava.fiable? Election Day Contact Telephcxie #r location layout dlao.ram Browse_ Facflit±t, Accessibility Notes Entrance accessible? (rarno.) )Yes ,No Door Hard-,,vare accessible? (-'..Yes e.'-)No Door easy to open? Entrance,vvell fit? Inside voting lxatjofl ,4lv'ell RE? Attachment 2 CLD-028-14 Facffit}, accessible Via' pUblIC transit? rffes (-)No Name and address visible ftorn street? &0 Rarnp well designed and safe? C':!No Can door accomniodate wheelch.air? y Entrance easy io see? Flooring non-:slip, even and level? z,-Yes ('-"jNo Corridors able to accot-,,-iiiiodate,btvheelclEa!iF 13-24 Attachment 2 CLD-028-14 Equipment Notes of Chairs Required of tables required? First Aid Equipment f-,Yes ,--44o Parking Naties of on- street parking spaces? External lighting? Chairs Supplied? ) es c'No y Tables supplied? —Yes -)No Nurnber of staff spaces of spaces available for public? Distance parking Io voting area? (rt) External lighting on a timer? ';Yes No Confirmed tights stay on? # of accessible parking spaces? Accessible parking cleari}, marked? Curb cuts provided? C,Yes i -)No 13-25 of accessible suns we need to supply Parking lot firm and level? Space large enough or van with OIL? C Yes r.M Attachment 2 CLD-028-14 Route smooth and unobstructed? Route wide enough for wheelchairtscoater Beds - Comments Best option for list inwiagernent? Do vou have a lockdown Procedure? �._,jyes C'No Roving IStMjcnary Poll - com.ments Disc Liss Voters' List Review Period Revisions to List Lockdown procedure - comments Hours of Voting Discuss Voters List Dates Discuss Voting Times _;;Yes ?I X Opportunity -or Nmily poster? Hov many beds Level access - entrance to voting area? C.-Yes C.No 13-26 Accessible Washrooms 13 -27 It.lain Voting Entrance Ramps E evator ? Lift Lighti,ng Cornments Attachment 2 CLD- 028 -14 Attachment 3 CLD-028-14 -IV h l - aA in i t � 204 Municipal Election Accessibility Feedback Form s Your feedback. is impartant to help serve you beatter as we stfive to meet everyone's meads. We would like to receive your cornments, questions and suggestions about the provisions of our 2014 Municipal Elections services to people with ditlerent needs. Voting Place: Voting Subdivision: Data and time of visit;- Did we meet your expectations towards accessibility today? 0 Yes 0 Somewhat 0 No exphq�.o befoiv) Did you have any problems accessing the Voting Area (3 Yes Cj Somewhat No (p.,lease ex.ohqrn befo%1) Please add any other comments you may have: Would you like to be contacted? C] No, I do not need to be contacted ,� is: [] Mail (j Phone C3 E40ail CjYes, my preferred rnethod of contact Clontart information (opi-jonal) Name: Address-- Email Address: Telepb ona, number: Personal informafl on;Dn this farm is co-HeDtern unQIeT theauthorft� of Section 3-37�,'O of the jtfurjfcfp aLAc( R. S. C). 199Q, u. h,�. The purpose of the c o.11 actio n of your personal contact information is so that Sale may respond to your feedbarl,,.. Questions about this collection may be directed by mail t: The rylunfeipal Clerk-'s, Department 4D Temperance Street Bownianvill.e, ON Lt C IA6 13-28 Customer Details <. Date Farm 2. First Nam La/ Name Address Telephone Feedb k Deb!& 6 con m cep !b » related? O Yes O No Locadion of CoR m Details Action Taken lUemm use only) Oke Rec ei d Dep24mE�yD sio Action Taken Customer Follow-up O+d . . . . Nel4o S phone S email O in 1person O Resolved/Completed Signabm Date . ]S -29 Attachment 5 CLD-028-14 C r11-711) 'd oil W", VS Continuous Accessibility V 4*1 Audit Form Facility Name: Detail 10:00 11:00 12:00 1:00 2:00 3:00 4:00 6:00 6-00 7:01) SECTION I — FACILITY EXTERIOR Is the f 9--ility name and address d-leanly Visible fralm the street and side-walk.? Is the entrance aortessible? Is ac7c:ass-ible parking availsVe? Is the sc;oessible pa Ming space clearly marked with the international symbol of Aectess-ib ility ? Is tie space tame enough t:) meet th.e needs of an eleotor iwh�c uses a van equipped vAth a whae-!.-hatir 11ft? Is the parking spso-e firm and level? Is the route to the antrarvce unobkruriad, ountinuous, smooth, hard surl'soes willh no abrupt changes in leval? Is the route wide enough so someone using a whe-2k; scooter or service animal oan travel safely? SECTION 11— FACILITY ENTRANCE Is tie ramp %yell designed and safe? Is the entrance- unobstructed? If no, autc-o•ener, fs TC operfln,g doc r fc r all -a 1 -2 f --to rs ? Is the entrance easy to see? Is the entrenca well lit? 13-30 Attachment 5 CLD-028-14 Continuous Accessibility Audit Form SLU, I KJN [it — FA I H' 'AY FRUM LN I -RANUL 10 VU I ING PLACL Is the pathway from the -nm -- i n a n tir a n oa- to the votEng area smooth and easily traveffled? Is the flooring n•n4ip, even and lave(? Aste the aisle ways at least 3' wide? Is the voting area veil 110 giro there seats available for people to rest ff needed? Does the Vafing PI sce sufficient space for a lwheelchair 13T SO0Ot-3rtD niove about easfly? (rnin, 3') and �Tn[n Uradius) SECTION IV — EQUIPMENT Is there a variety of - miarkin:g tools available at each votingplaoa? Is the magnifying She-at a•,railsb,le at eawh 0130 table? Is at least a ne voting compartment table raised for acDassibility? SECTION V — -CAMPAIGN LITERATURE Voting compartment 1--hed-V I PaffilnaW from, mafn entrance to •olinq area check Voting Plaosenhmrirx o h e ok 13-31 Attachment 5 CLD-028-14 CIOMIS" 1011 Continuous Accessibility Audit Form Insps_',ed by rpfir•f name I Sipnatu.—i 13-32 Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: CLD- 029 -14 Resolution Number: File Number: By -law Number: Report Subject: Conservation Authority Appointments Recommendations: 1. That Report CLD- 029 -14 be received; 2. That the following three Members of Council be appointed to the Central Lake Ontario Conservation Authority: 3. That the following Member of Council be appointed to the Kawartha Conservation Authority: 4. That the following two Members of Council be appointed to the Ganaraska Conservation Authority: ; and 5. That all interested parties listed in Report CLD- 029 -14 be advised of Council's decision. 13 -33 Municipality of Clarington Report CLD- 029 -14 Paae 2 Report Overview This report is intended to provide background, regarding Conservation Authorities, to assist in appointing members to the Conservation Authorities. 1. Background 1.1. General The Region of Durham plans to make appointments to the Conservation Authorities at the Regional Council meeting of December 17, 2014. Pursuant to the policy of the Regional Council, each area municipality nominates names for appointment, and the Regional Council makes the appointments. 1.2. Conservation Authorities The Municipality of Clarington is a member of the three area Conservation Authorities. Therefore, the following appointments of Members of Council are required: • Three members to the Central Lake Ontario Conservation Authority • One member to the Kawartha Conservation Authority • Two members to the Ganaraska Region Conservation Authority Please note that the Council of the Region of Durham adopted the following policy, on October 4, 2006, regarding appointments to conservation authorities: "THAT only elected officials be appointed to Conservation Authorities and further, that only members of Regional Council be appointed unless the municipalities have insufficient Regional Council representation, they shall be permitted to appoint a local Councillor or appoint a citizen representative to the Conservation Authority." 2. Concurrence Not Applicable 13 -34 Municipality of Clarington Resort CLD- 029 -14 3. Conclusion Page 3 In order to fulfil the requirements of the Terms of Reference of the Conservation Authorities, is recommended that the following appointments be made: • Three Members of Council to the Central Lake Ontario Conservation Authority i One Member of Council to the Kawartha Conservation Authority i Two Members of Council to the Ganaraska Region Conservation Authority 4. Strategic Plan Application Not applicable. Submitted by Municipal Clerk Reviewed by: Franklin Wu, Chief Administrative Officer Staff Contact: June Gallagher, Deputy Clerk, 905 - 623 -3379 ext. 2103 or jgallagher @clarington.net Attachments: None The following is a list of the interested parties to be notified of Council's decision: Deborah Bowen, Regional Clerk/Director of Legislative Services, Region of Durham CAG /jeg 13 -35 r If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: CLD- 030 -14 Resolution Number: File Number: By -law Number: Report Subject: Veridian Appointments Recommendations: 1. That Report CLD- 030 -14 be received; 2. That be nominated as Clarington's non - elected member of the Veridian Corporation Board of Directors for a term beginning January 1, 2015 and ending 3. That be recommended to Veridian Corporation as Clarington's non - elected member of the Veridian Connections Inc. Board of Directors for a term beginning January 1, 2015 and ending ; •�IZ W 4. That Staff be directed to advise Veridian Corporation that the Municipality of Clarington does not approve the proposed composition change and will not be signing the consent and waiver agreement to implement the "additional non- elected director proposal" in the event that Clarington's non - elected director is selected as Chair or Vice - Chair; 5. That be recommended as Clarington's alternate elected appointee to the Veridian Connection Inc. Board of Directors in the event that a Clarington non - elected Director is selected as either the Chair or Vice - Chair; and OPTION B: 4. That the Mayor and Clerk, be authorized to execute the consent and waiver agreement for this one term to implement the "additional non - elected director proposal" in the event that Clarington's non - elected director is selected as Chair or Vice - Chair; 5. That be recommended as Clarington's alternate non - elected individual to the Veridian Connections Inc. Board of Directors in the event that a Clarington non-elected Director is selected as either the Chair or Vice - Chair; and 6. That all interested parties listed in Report CLD- 030 -14 be advised of Council's decision. 13 -36 Municipality of Clarington Report CLD- 030 -14 Report Overview Paae 2 This report is intended to provide background, regarding the Veridian appointments, to assist in appointing members to the Veridian Corporation and Veridian Connections Inc. Boards of Directors. 1. Background 1.1. General As a shareholder of Veridian, the Municipality of Clarington must abide by the Amended and Restated Shareholder's Agreement, as follows: • the Mayor (or the Mayor's Designate) is automatically a member of the Veridian Corporation Board and the Veridian Connections Inc. Board, and • Clarington also nominates one non - elected representative to the Veridian Corporation Board. Under the Shareholder's Agreement, the Veridian Corporation Board appoints directors to Veridian Connections Inc. Board. Clarington Council recommends the non - elected individual to be appointed to this Board as Clarington's representative. NOTE: An alternate director will also be required in the event that a non - elected Director is selected as Chair or Vice - Chair. On November 4, 2013, Council approved the "Council Nominations to Veridian Corporation and Veridian Connections Inc. Boards" policy (contained within the Addendum to Report CLD- 027 -13). As a result of changes to the Amended and Restated Shareholder's Agreement in May, 2014, Council directed staff to make all necessary changes to the policy in order to be consistent with the agreement at the June 2, 2014 Council meeting (Attachment 1). 13 -37 Municipality of Clarington Resort CLD- 030 -14 2. Policy 2.1. Clarington Policy Page 3 The following is an excerpt from the "Council nominations to Veridian,Corporation and Veridian Connections Inc. Boards" policy, pertaining to the appointment of the new board, following an election: "In the fall of the last year of the term of Council, Veridian will advertise in the local newspapers and on the Shareholders' website seeking candidates to serve on the Board of Directors for Veridian Corporation and Veridian Connections Inc. for a four -year term, as determined by the Shareholders. All applications will be submitted directly to Veridian Corporation." 2.2. Term Regarding the term for the Board of Directors, the Amended and Restated Shareholders' Agreement states that "each shareholder shall determine the term for each elected member and each non - elected Member nominated by it, provided that such term shall not exceed the greater of four (4) years or as may be permitted by the Act." 3. Process 3.1. OPTION A = Process According to the Amended and Restated Shareholders' Agreement For further clarification of the Veridian appointment process, including the new changes to the board composition, please find attached a letter, dated November 12, 2014, from Michael Angemeer, Chief Administrative Officer, Veridian Corporation, addressed to the Clerks (Attachment 2). NOTE: This letter indicates that Veridian is looking for names of the nominees on or before December 17, 2014. In summary, the changes include: • Elected Directors will sit on both the Veridian Corporation Board and the Veridian Connections Inc. Board. • In order to meet the Ontario Energy Board and Veridian Shareholder Agreement requirement for one -third independence, the non - elected Directors on the Veridian Corporation Board will be different than those on the Veridian Connections Inc. Board. 13 -38 Municipality of Clarington Report CL.D- 030 -14 r�1- 1, ® Should Clarington's non - elected Director be selected as the Chair or Vice - Chair, they would in accordance with the Shareholders' Agreement therefore be the Chair or Vice Chair of both Boards. • In order to maintain one -third independence, the Mayor or Mayor's Designate would be prohibited from sitting on Veridian Connections Inc. and therefore an alternate elected member would be required. The Chair and Vice Chair will be selected at the first Veridian Corporation Board meeting in early 2015. The waiver is limited to this instance and does not apply to subsequent appointments. 3.2. OPTION B = New Process Proposed — Additional Non - Elected Director Following distribution of Mr. Angemeer's correspondence to the Clerks, Mr. Angemeer forwarded the attached correspondence, dated November 12, 2014, to the Mayors (Attachment 3). In this correspondence, Mr. Angemeer outlined a proposal that would require agreement, by all Shareholders, to change the Shareholders' Agreement for this instance, with regard to the composition of the Boards, in the event of the selection of a non - elected Director as Chair or Vice - Chair. This proposal would be as follows: • Rather than the affected municipality appointing an alternate elected director, an additional non - elected director would be appointed to achieve one -third independence. Mr. Angemeer's letter indicated that he was looking for consensus prior to November 28, 2014. He has been informed that Clarington's response would not be received until after December 15, 2014. 3.3. Advertising & Nominating Committee In the fall of 2014, Veridian placed an advertisement for the non - elected representative and received 12 applications for Clarington. The applications have been circulated under separate cover (Confidential Attachment 4) as they contain personal information about the individuals. Once the applications were received and reviewed by Veridian's consultant, Veridian's Nominating Committee made a recommendation report to each of the shareholder municipalities to make their nominations. (See Confidential Attachment 5, a report from Peter Spratt, Vice President of Collins Barrow, dated October 31, 2014.) 13 -39 Municipality of Clarington Resort CLD- 030 -14 3.4. Selection of Non - Elected Representatives Page 5 The "Council Nominations to Veridian Corporation and Veridian Connections Inc. Boards" policy states that the non - elected representative to the Veridian Corporation Board of Directors may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has submitted their name to the Municipality for consideration on or before the publication of the Agenda for the first General Purpose and Administration Committee meeting. The policy further states that the Municipality of Clarington recommends to Veridian Corporation, one non - elected representative to the Veridian Connections Inc. Board, who shall not be Clarington's non - elected nomination to the Veridian Corporation Board of Directors. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has not submitted their name for consideration. At the time of writing this report, no additional applications have been received by the Clerk's Department. 4. Concurrence This report has been reviewed by Andrew Allison, Municipal Solicitor, and Marie Marano, Director of Corporate Services, who concur with the recommendations. 5. Conclusion In order to fulfil the requirements of the Veridian Shareholder's Agreement, it is recommended that the following appointment be made, for a term determined by Council: Y One non - elected nominee to the Veridian Corporation Board of Directors, and that the following recommendation be made, for appointment be made, for a term determined by Council ® One non - elected appointment by Veridian Corporation Inc. to the Veridian Connections Inc. Board of Directors, If Council chooses to not change the Shareholder Agreement (OPTION A), it is recommended that the following actions be taken: ® Staff be directed to advise Veridian Corporation that the Municipality of Clarington does not approve the proposed composition change and will not be signing the consent and waiver agreement to implement the "additional non - elected director proposal" in the event that Clarington's non - elected director is selected as Chair or Vice - Chair. 13 -40 Municipality of Clarington Report CL.D- 030 -14 Page 6 One Member of Council (as an alternate).be recommended for the Veridian Connections Inc. Board of Directors. If Council agrees with the "Additional Non - Elected Director Proposal" (OPTION B), it is recommended that the following actions be taken: • The Mayor and Clerk be authorized to execute the consent and waiver agreement to implement the "additional non - elected director proposal" in the event that Clarington's non - elected director is selected as Chair or Vice - Chair. • One non - elected individual be recommended for the Veridian Connections Inc. Board of Directors (as an alternate). 6. Strategic Plan Application Not applicable. Submitted by: �'` %` Reviewed by: C. Anne Greentree' Municipal Clerk Franklin Wu, Chief Administrative Officer Staff Contact: June Gallagher, Deputy Clerk, 905 - 623 -3379 ext. 2103 or jallagher@clarington.net Attachments: Attachment 1 — "Council Nominations to Veridian Corporation and Veridian Connections Inc. Boards" Policy Attachment 2 — Correspondence from Michael Angemeer, President & CEO, Veridian Corporation, dated November 12, 2014, regarding Appointment of Elected and Non - elected Directors, addressed to the Clerks Attachment 3 — Correspondence from Michael Angemeer, President & CEO, Veridian Corporation, dated November 12, 2014, regarding Appointment of Elected and Non - elected Directors, addressed to the Mayors Attachment 4 — Confidential Resumes from Applicants for Non - elected representatives (Distributed Separately) Attachment 5 — Report from Peter Spratt, Vice President of Collins Barrow, dated October 31, 2014 (Distributed Separately) 13 -41 Municipality of Clarington Report CLD- 030 -14 Page 7 The following is a list of the interested parties to be notified of Council's decision: All applicants Laurie McLorg, Chief Financial Officer, Veridian Connections Michael Angemeer, President & CEO, Veridian Corporation M. deRond, Town of Ajax D. Shields, City of Pickering M. MacDonald, City of Bellville CAG /jeg 13 -42 ATTACHMENT # T4 REPORT # T 7 =t), Council Nominations. to' Meridian Corporation and Veridian Connections Inc. Boards. - PURPOSE: To establish an open and transparent process for the nomination by Council of members to the Veridian Corporation Board and the Veridian Connections Inc. Board and any request by Council for the removal of a member from the Veridian Corporation Board and the Veridian Connections Inc. Board. PROCEDURES: 1. New Term of Council 1.1. Advertising In the fall of the last year of the term of council, Veridian will advertise in the local newspapers and on the Shareholders' websites seeking candidates to serve on the Board of Directors for Veridian Corporation and Veridian Connections Inc. for a four- year term, as determined by the Shareholders. All applications will be submitted directly to Veridian Corporation. 1.2. Applications Once the applications have been received and reviewed by Veridian's consultant who has been contracted to receive and review applications for nominations, Veridian's Nominating Committee shall make recommendation's to each of their Shareholders ,for the councils to make their nominations to the Board of Directors for Veridian Corporation. 1.3. Mayor / Mayor's Designate In Accordance with the Amended and Restated Shareholders' Agreement, the Mayor /Mayor's Designate are automatically elected members to the Veridian Corporation Board and the Veridian Connections Inc, Board. i 1.4. Council Appointments —New Term, of Council 1.4.1. Upon receipt of the report of Veridian's Nominating Committee, the Municipal Clerk's Department will,reproduce the report for distribution, confidentially, to the Members of Council together with the agenda for the first General Purpose and Administration Committee Meeting. The agenda is.published in accordance with the Municipality's Procedural By -law. 6- Sep -14 Page 1 of 4 13 -43 1.4.2. The matter will be considered by Council during the first General Purpose and Administration Committee Meeting. Should members of Council wish to discuss. specific qualifications about an identifiable individual, the meeting will be "closed" in accordance with the Municipal Act. Once Council is back in "open ". session, a motion will come forward -to: 1.4.3. Veridian Corporation Board Nominate one (1) non - elected representative to the Veridian Corporation Board of Directors. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has submitted their name to the Municipality for consideration on or before the publication of the Agenda for the first General Purpose and Administration Committee. 1.4.4, Veridian Connections Inc. Request that the Veridian Corporation Board nominate and elect to the Veridian Connections Inc. Board of Directors, one (1) non - elected representative to the Veridian Connections Inc. Board, who shall not be Clarington's non - elected nomination to the Veridian Corporation Board of Directors. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has not submitted their name for consideration. Refer to the Amended and Restated Shareholders' Agreement should Clarington's non - elected director be elected Chair or Vice - Chair. (In making the recommendations for nominations to the Veridian Connections Board of Directors, Council is -aware that the Veridian Corporation Board is not obliged to appoint the non - elected nominees put forward by the Municipality.) 1.4.5. The Municipal Clerk will advise Veridian Corporation of Council's decision. 6 -Sep -14 Page 2 of 4 13 -44 2. Replacement or Resignation of Directors 2.1.. Veridian Corporation Board 2:1.1. Vacancy Occurs .a) Council Chooses to Replace In accordance with Section 3.2 (i) of the Amended and Restated Shareholders'. Agreement, the Municipality of Clarington. may replace any non- elected director nominated by it to the Board of Directors of Veridian Corporation at any time. Should. this be necessary, a resolution of Council shall be passed removing the Director, in accordance with the Municipality's Procedural By -law, b) Council Appointed Non - elected Director Resigns In the event of a replacement or if a non - elected director resigns, the Municipal Clerk shall request Veridian to undertake their process as outlined in subsection 1.1 to seek applications to fill the vacancy and make recommendations to Council for Clarington's nominee to the Veridian Corporation Board of Directors, and it shall be advertised on the Municipality's website. 2.1.2. Upon receipt of the report of Veridian's Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, the Municipal Clerk's Department will include it on the next regularly scheduled General Purpose and Administration Committee meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By -law. 2.1.3. In consideration of the report from Veridian's Nominating Committee, should it be desirable to discuss specific qualifications about identifiable individuals, the meeting will be "closed" in accordance with the Municipal Act. Once the meeting is "open ", a motion to nominate the non - elected representative will come forward. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has not submitted their name for consideration. 2.1.4. The Municipal Clerk will advise Veridian Corporation and the individual nominated of Council's decision. 6-Sep -14 13 -45 Page 3 of 4: 2.2. Meridian Connections Inc. Board 2.2.1. Should it be Council's desire to replace a non - elected member of the Board of Directors of Veridian Connections Inc., a resolution of Council shall be passed, in accordance with the Municipality's Procedural By -law, requesting that the Veridian Corporation Board of Directors remove the director. .2.2.2. The Municipal Clerk will advise Veridian Corporation of Council's decision and request Veridian to commence their process as outlined in 'subsection 1. 1, and it shall be advertised on the Municipality's website to seek applications to fill the vacancy -and allow Clarington Council the opportunity to nominate the candidate forth-e director position. 2.2.3. Upon notification that the director has been removed or resigned, and receipt of the report from the Veridian Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, as well as any applicants who have submitted their applications directly to the . Municipality on or before the publication of the General Purpose and Administration Committee meeting Agenda during which, the nominations will be made, the Municipal Clerk's Department will include it on the next regularly scheduled General Purpose and Administration Committee meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By -law. 2.2.4. In consideration of the report, should it be desirable to discuss specific qualifications about identifiable individuals, the meeting will be "closed" in accordance with the Municipal Act. Once the meeting is "open ", a motion to nominate the non - elected representative will come forward. 2.2.5. The Municipal Clerk will advise Veridian Corporation and the individual nominated of Council's decision and request that the Corporation Board make the appointment to the Veridian Connections Inc. Board. 13 -46 ATTACNN+ELIT #� TO1 REPORT # November 12, 2014 Via E -mail Delivery to: Mr. Martin DeRond - Director of Legislative and Information Services, Town of Ajax - - martin.derond@townofajax.com Ms. Debbie Shields -City Clerk, City of Pickering - dshieldsRpickering.ca Ms. Anne Greentree - Municipal Clerk, Municipality of Clarington - agreentreePclarington.net Mr. Matt MacDonald - Acting Director of Corporate Services /City Clerk, City of Belleville - - mmacdonaldCa city.belleville.on.ca Re: Annointment of Elected and Nonelected Directors- Veridian Board On August 12, 2014 I wrote to you explaining the process that would be followed in appointing Veridian's new slate of elected and nonelected directors for the term commencing January 2015. To date advertisements have been placed for candidates, interviews have taken place and the consultant's report has been provided to the nominating committee. The nominating committee has also met, with the consultant, to review the nonelected candidates that were interviewed. Steps 10 -15 as outlined in my August 12 letter are left to be completed. See Appendix 1 attached. The purpose of this letter is to explain the requirements for Step 10. Step Action Timing Responsibility Comments Letter sent to municipal At this point in time clerks outlining process Veridian Energy Inc. is a /requirements and November shell company whose 10 requesting selections for 14 Veridian responsibilities have been Veridian Corporation and rolled up under Veridian recommendations for Corporation. No Veridian Connections Inc. nominees required. Each municipality will be required to develop a slate of directors for both Veridian Corporation and Veridian Connections Inc. An alternate elected director will also be required. I will attempt to explain the reason for this but it is based on the OEB's and Veridian's requirement for independence on the Veridian Connections Board and whether or not an elected or nonelected is selected as Chair of the Board. Background On September 16, 2014 the shareholders met and Resolution 2014 -SO4 was passed changing the number of directors of Veridian Corporation to 11, effective January 1, 2015. The composition of the new Boards will be as follows: 13 -47 Date: November 14, 2014 Page 2 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board -Entity Elected Directors Nonelected Directors Total Veridian Corporation • Pickering 3 y _ 4 • Ajax 2 3 • Clarin ton 1 2 • Belleville 1 2 Total 7 4 11 Veridian Connections Inc • Pickering 3 4 • Aiax 2 1 3 - • Clarin ton 1 1 2 • Belleville 1 Total 7 4 Same Individuals Different Individuals The elected members which are colour coded in yellow sit on both the Veridian Corporation and the Veridian Connections Board. The 4 nonelected Board members on the Veridian Corporation Board must be different individuals than the 4 nonelected on the Veridian Connections Board. This is shown on the above chart by having different colour codes (green & blue) for Veridian Corporation and Veridian Connections. The reason for this is to meet the Ontario Energy's Board and Veridian's Shareholder Agreement requirement for one -third independence. Section 2.13 of the Ontario Energy Board's Affiliate Relationship Coded states: 2.1.3 A utility shall ensure that at least one -third of its Board of Directors is independent from any affiliate. Independence Independence requires that at least one -third of the directors on the Veridian Connections Board be different members than those sitting on the Veridian Corporation Board. This is accomplished, in the new structure, by having the 4 nonelected members being represented by different individuals on the Veridian Corporation Board versus the Veridian Connections Board. The Veridian Board structure is as follows: • 11 directors for both Veridian Corporation and Veridian Connections, 7 elected and 4 nonelected; same 7 elected directors sit on both the Veridian Corporation and Veridian Connections Boards; according to the OEB rules and Veridian Shareholder Agreement Veridian Connections must have at least one - third of its directors independent from Veridian Corporation; 13 -48 Date: November 14, 2014 Page 3 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board • 4 different nonelected directors sitting on the Veridian Connections Board meets this requirement; • one - third independence is achieved (4/11 =36 %). The requirement for the Board structure to reflect independence, as defined by the OEB, for Veridian Connections has been adopted and written into Veridian's Shareholder Agreement. Issue The Shareholder's Agreement states that the Chair and Vice Chair of Veridian Corporation hold the same positions on Veridian Connections. The one -third independence rule is achieved as long elected members are selected as the Chair and Vice Chair of Veridian Corporation. An issue arises should a nonelected member be elected as Chair or Vice Chair of Veridian Corporation. As previously mentioned the 4 nonelected members on the Veridian Connections Board are mutually exclusive form the Veridian Connections Board. However if a nonelected member is elected as Chair they would then sit on both the Veridian Corporation and the Veridian Connections Board and the one - third independence on the Veridian Connections Board would no longer exist. The Veridian Connections Board would be made up of 11 members but only three would be independent from Veridian Corporation (3/11 =27 %). The following example illustrates the issue. Different Individuals Entity Elected Directors Nonelected Directors Ool otal Veridian Corporation • Pickering 3 Room _ -- - 4 • Ajax 2 3 • Clarin ton 1 2 • Belleville 1 IV 1 2 Total 7 00r, 4 11 Veridian Connections Inc ZOOOT ' • Pickering 4 • Ajax 2 74 • Clarin ton 1 2 • Belleville 1 1 2 Total 4 11 Nonelected Becomes Chair or Vice Chair Same individual sits on both Veridian Corporation and Veridian Connections Board 1/3 independence not achieved as same person sits on both Boards Second nonelected director not required 13 -49 Date: November 14, 2014 Page 4 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board In this example if the Belleville nonelected was chosen as Chair that person would sit on both the Veridian Corporation and the Veridian Connections Board and the one -third independence for Veridian Connections would not be achieved. (3/11 =27 %) It should also be noted that if a nonelected is selected as Chair or Vice Chair it would result in the second nonelected candidate from that municipality no longer being required. Nonelected Selected as Chair - Remedy If a nonelected is chosen as Chair or Vice Chair than one elected member cannot sit on both the Veridian Corporation and Veridian Connections Board as the one -third independence requirement for Veridian Connections would not be achieved. In the event this should happen it would be necessary, for the municipality from which the nonelected came, to change one of their elected directors from one dual board member to two single board members. One elected position would sit solely on the Veridian Connections Board. The other would sit solely on the Veridian Corporation Board. This requirement is prescribed in the shareholder's agreement. The following chart depicts the requirement. Changed from one dual Board member to two single Board members Entity ' Elected Directors Nonelected Directors Total Veridian Corporation • Pickering 3 _ • 4 • Ajax • 2 y 3 • Clarin ton 1 2 • Belleville 1 1 2 Total 7 4 11 Veridian Connections Inc • Pickering 3 4 • Ajax 3 2 • Clarin ton 1 • Belleville - 1 2 Total 7 4 11 ACOW-000— Nonelected Becomes Chair or Vice Chair Same individual sits on both Veridian Corporation and Veridian Connections Board 1/3 independence not achieved as same person sits on both Boards Second nonelected director not required REMEDY One elected position changed from one dual Board director to two single Board directors One -third independence on Veridian Connections Board achieved 13 -50 Date: November 14, 2014 Page 5 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board In the preceding example independence is achieved for the Veridian Connections Board. • nonelected Chair sits on both Veridian Corporation and Veridian Connections Boards. • 3 of the nonelected members on Veridian Connections are different than those sitting on the Veridian Corporation Board. • 6 of the 7 elected members sit on both the Veridian Corporation and the Veridian Connections Boards. • 1 elected position, from the municipality in which the nonelected chair comes from, has been changed from one dual Board member to two single Board members. • additional elected member is added that sits solely on the Veridian Connections Board. The other member sits solely on the Veridian Corporation Board. Under this scenario the Veridian Connections Board comprises 6 elected members that sit on both Veridian Corporation and Veridian Connections Boards, 1 elected director that only sits on the Veridian Connections Board, one nonelected Chair who sits on both Boards and 3 nonelected members who sit on the Veridian Connections Board only. Independence is achieved. • (6 elected dual board members + 1 nonelected chair sitting on both boards) = 7 dual board members • (1 elected single board member + 3 nonelected single board members) = 4 single board members • 4 single board members /11 members in total = 36% and one -third independence is achieved It should be noted that the same remedy is required if a nonelected is chosen as Vice Chair. Next Steps Step 11 stated that the consultant report and the resumes for nonelected candidates would be forwarded to the respective clerics as November 14, 2014. For each municipality there are three attachments. The first contains the report of Peter Spratt which provides an evaluation of the nonelected applicants that were interviewed. The second contains the resumes of those nonelected candidates that were interviewed. The third contains the resumes of the nonelected applicants that were not interviewed. This information is provided to help in the decision making process and is for you to distribute to members of council as you see fit. All the information described above was previously provided to nominating committee of the Board which consists of the shareholder mayors or their designates Step 13 of my August 12, 2014 states that prior to December 17, 2014 each municipality will provide Veridian a list of its nominations for the Veridian Corporation Board and its recommendations for the Veridian Connections Board. At the. first Veridian Corporation Board meeting in early 2015 a Chair and Vice Chair will be selected. As I have described the number of elected and nonelected directors required will depend on whether or not a nonelected is selected as Chair or Vice Chair. 13 -51 Date: November 14, 2014 Page 6 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board I would ask that each municipality fill out the attached sheet providing the names of their appointments for Veridian Corporation, the names of their recommendations for Veridian Connections and an additional elected member for the Veridian Connections Board should the situation arise where a nonelected member is selected as Chair or Vice Chair. Your response on or before December 17, 2014 would be appreciated. Hopefully what has been laid out here is clear. Should you have any questions please do not hesitate to call me directly. I would also be available to convene a meeting should it be felt that this is easier to explain in person. Yours truly, G� Michael Angemeer, P. Eng. President and CEO Copy: Adrienne Windsor Tanya Laschuk Rob Scarffe Heather Boissoin 13 -52 Date: November 14, 2014 Page 7 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board SLATE OF DIRECTORS - 2015 Veridian Corporation & Veridian Connections Inc. Municipality Elected Name Length of Term Nonelected Name Length of Term Veridian Co oration Pickering Nomination 1 Nomination 2 N/A N/A Nomination 3 N/A N/A Ajax Nomination 1 Nomination 2 N/A N/A Clarington Nomination 1 Belleville Nomination 1 Veridian Connections Pickering Recommendation 1 Same as Above Recommendation 2 Same as Above N/A N/A Recommendation 3 Same as Above N/A N/A Alternate* Ajax Recommendation 1 Same as Above Recommendation 2 Same as Above N/A N/A Alternate* N/A N A Clarington Recommendation 1 Same as Above Alternate* N/A N/A Belleville Recommendation 1 Same as Above Alternate* N/A N/A *Required should a nonelected director be selected as Chair or Vice Chair of Veridian Corporation 1353 Date: November 14, 2014 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board APPENDIX 1 Veridian Corporation Director Nomination Process Page 8 Step Action Timing Responsibility Comments Completed Initial meeting of Participants Nomination Mayor Ryan - Pickering 1 Committee to review July 8 j y 2014 Nominating (Chair) process and establish Committee Councillor Dies - Ajax direction for Mayor Ellis - Bellville management Mayor Foster - Clarin ton Hire Consultant to 2 complete the nonelected selection July 2014 Veridian Completed rocess Send letter to 3 municipal clerks explaining August 15 Veridian Completed nomination process Completed Governance Committee Review Director to provide 4 Profile, Skills Matrix September 2 p Governance recommended changes and recruitment Committee to Nominating advertisement Committee and Veridian Corporation Board for approval Completed Recruitment Ads Two insertions: 5 placed in local September 8 Veridian Ajax /Pickering News Advertiser newspapers Clarington This Week Belleville Intelli encer Recruitment advertisement placed Completed 6 on Veridian, September 8 Veridian /Shareholders List of community municipal and other websites to be provided community websites by each shareholder Interviews of To be 7 nonelected candidates conducted by completed Consultant & M. Completed consultant & M. by October Angemeer Angemeer 15 13 -54 Date: November 14, 2014 Page 9 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board Step Action Timing Responsibility Comments Consultant report to 8 be provided to October 31 Veridian Completed Nominating Committee & Veridian Completed Participants Nominating No later Mayor Ryan - Pickering 9 Committee to meet than Veridian to coordinate . (Chair) and review November meeting Councillor Dies - Ajax nonelected candidates 14 Mayor Ellis - Bellville Mayor Foster - Clarington Letter sent to municipal clerks Completed outlining At this point in time process /requirements Veridian Energy Inc. is a 10 and requesting November Veridian shell company whose selections for Veridian 14 responsibilities have Corporation and been rolled up under recommendations for Veridian Corporation. No Veridian Connections nominees required. Inc. Consultant report for nonelected candidates November 11 and resumes sent to 14 Veridian Completed municipal clerk with letter in ste 10 above Shareholder councils approve slate of No later candidates for than 12 Veridian Corporation December Shareholder councils and recommendations 15 for Veridian Connections Inc. Shareholder selection for elected and nonelected directors No Later 13 for Veridian than Town /City Clerks Corporation and December recommendations for 17 Veridian Connections Inc sent to Veridian Inaugural Veridian Corporation Board January 14 meeting to select 2015 Elected Chair of Chair, Vice Chair, VCI Exact date Veridian Corporation Board, VEI Board TBD 15 Letters sent to all I Week I Veridian 13 -55 Date: November 14, 2014 Addressee: Shareholder Clerks Re: Appointment of Elected and Nonelected Directors - Veridian Board Page 10 Step Action Timing Responsibility Comments unsuccessful following candidates that were inaugural interviewed Board meeting 13 -56 ATTACIiME� �o ?0 REPORT # November 12, 2014 Via E -mail Delivery to: Mayor Dave Ryan - City of Pickering - mavor@pickerin .ca Mayor Stove Parish - Town of Ajax- steve.parishPajax.ca Mayor Adrian Foster - Municipality of Clarington - mayor(@clarington.net Mayor Neil R. Ellis - City of Belleville - mayor .ellisPciiy.beIleviIle.on.ca Re: Consent and Waiver Agreement - Nonelected Directors On November 12, 2014,1 wrote to the Clerks explaining the requirements for putting forth the 2015 slate of directors for each municipality (copy attached). In that letter. it was explained, in some detail, the requirements of the OEB and Veridian's shareholder agreement for one third independence on the Veridian Connections Board. In your capacity as the Shareholder Representative I am bringing forward, for your consideration, an option with respect to elected and nonelected representation should a nonelected director be selected as Chair or Vice Chair, 2015 Board Composition Beginning in January 2015 the Veridian Corporation Board will be comprised of 7 elected and 4 nonelected directors. The Veridian Connections Board will consist of the same 7 elected directors *as on the Veridian Corporation board and 4 different nonelected directors, thereby achieving one -third independence. Without going into specifics, Veridian's current Shareholder Agreement would require the following if a nonelected director was selected as Chair or Vice Chair of Veridian Corporation, as one -third independence on the Veridian Connections Board would no longer be achieved: ® Nonelected Chair or Vice Chair would sit on both Veridian Corporation Board, and Veridian Connections Board as per the shareholders agreement; The second nonelected position would be redundant; Due to above scenario, one third independence would not be achieved on the Veridian Connections Board as per OEB requirements and Veridian's shareholder agreement; 13 -57 Date: November 12, 2014 Page 2 Addressee: The Mayors Re: Consent and Waiver Agreement - Nonelected Directors ® In order to achieve one third impendence Veridian's shareholder agreement stipulates the municipality from.which the nonelected Chair or Vice Chair came from would have to convert one elected dual Board director position to two single Board positions. An additional elected director would be required. One sitting solely on Veridian Corporation Board and the other sitting Solely on the Veridian Connections Board; Switching the elected director position from one dual Board member to two single Board members would ensure one -third independence is achieved on the Veridian Connections Board. Request The shareholder agreement is very specific in how independence would be achieved, through the conversion of one elected dual board director into two single board elected directors, should a nonelected be chosen as Chair or Vice Chair. Shareholder representatives have brought forward a request that the above be altered. Specifically, should a nonelected Chair or Vice Chair be selected from their municipality, that instead of converting one elected dual board member into two elected single board members, they be allowed c to add an additional nonelected director. This would also result in one -third independence being achieved on the Veridian Connections Board. Legal counsel has reviewed the request and has informed us this would be a viable option under the following conditions: 1. A consent and waiver agreement to be signed by each of the shareholders of Veridian Corporation; 2. A consent and waiver agreement to be signed by Veridian Corporation in its capacity as shareholder of Veridian Connections Inc., and 3. A resolution of the Board of Directors of Veridian Corporation authorizing Veridian Corporation to execute the waiver by Veridian Corporation regarding Veridian Connections . Inc. The waiver would be limited as follows;. 1. that notwithstanding the waiver, the Chair of Veridian Corporation is still going to be the same person as the Chair of Veridian Connections Inc.; 2. that the substituted director otherwise complies with the requirements for directors; 3. that the waiver -is limited to this one instance and does not apply to subsequent - - -- - - - -- appointments;. and- - - - - 4- that -tlie waiver is limited-to the extent that Veridian- Connections- will-not be- off = side -the Affiliate Relationship Code. Legal counsel also indicated that the shareholder representatives of Veridian Corporation will need to consider for themselves; if they require council resolutions to permit them to sign the waiver as shareholder of Veridian Corporation. 13 -58 Date: November 12, 2014. Page 3 Addressee: The Mayors Re: Consent and Waiver Agreement — Nonelected Directors Attached is the Consent and Waiver Agreement. I would request that you demonstrate your intention by either signing this waiver and returning-it to me, or letting me know directly that you will not support the request. I would appreciate your response by no later than November 30, 2014. A response prior to November 28, 2014 will provide the shareholder. council with clarity in which way they should proceed In the selection of their slate of directors, at the inaugural meeting of their new council. Section 12.7 of the Shareholders Agreement requires all four shareholders to sign the waiver for it to be accepted. If approved, the requirement to convert an elected dual board position into two elected single board positions and fill it with an additional elected official would no longer be required. Instead, the municipality from which a nonelected was chosen as Chair or Vice Chair could instead opt to fill that split position with a non - elected candidate. The Veridian Corporation waiver and the resolution described above will be presented at the December 2014 Board meeting. If you would like to discuss or require further clarity please contact me directly. Yours truly, Michael Angemeer President and CEO Attachments: Appointment of Elected and Nonelected Directors- Veridian Board Consent and Waiver Agreement Copy: Adrienne Windsor Tanya Laschuk Rob Scarffe Heather Boissoin 13 -59 CONSENT AND WAIVER AGREEMIENT TO: Each of the Undersigned Hereto RE: Veridian Connections Inc. ( "VCI ") DATE: November [e], 2014 Reference is made to the 2014 Amended and Restated Shareholders' Agreement among each of the undersigned in respect of Veridian Corporation (the "Shareholders' Agreement "). Each of the undersigned, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) for and on behalf of itself hereby confirms and acknowledges that: (a) Capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed thereto in the Shareholders' Agreement; (b) If a Non - Elected Member is elected as Chair or Vice Chair of the Board, section 3.2(f) of the Shareholders' Agreement requires that the Shareholder who nominated that director must nominate, and the Board must appoint to the board of directors of VCI, an Elected Member that is not already an Elected Member of the Board (the "Substitute Member ") in place of an Elected Member that was appointed to the Board; (c) Notwithstanding section 3.2(f) of the Shareholders' Agreement, if a Non - Elected Member is elected as Chair or Vice Chair of the Board at the first election in respect of such offices subsequent to the date of this Consent and Waiver Agreement, the Shareholder who nominated that director may nominate, and the Board -must appoint to the board of directors of VCI, a Non - Elected Member that is not already an Non - Elected Member of the Board to. be the Substitute Member; and (d) Other than being a Non - Elected Member, the Substitute Member complies with all of requirements for directors of VCI under the Shareholders' Agreement. 2. The waiver of, and consent to depart from, the requirements of section 3.2(f) of the Shareholders' Agreement set out herein is effective only in the specific instance and for the specific purpose for which it has been given. It does not preclude any of the undersigned from requiring strict compliance with the terms of section 3.2(f) of the Shareholders' Agreement other than this specific instance. 3. This Consent and Waiver Agreement may be executed in any. number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one Consent and Waiver Agreement. An executed copy of this Consent and Waiver may be delivered by facsimile transmission or such other means of electronic transmission and it shall not be necessary to confirm execution by delivery of the originally executed documents. 13 -60 4. This Consent and Waiver Agreement shall enure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns. 5. This Consent and Waiver Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein). [Signature Page to Immediately Follow] 13 -61 IN WITNESS WHEREOF the Parties hereto have duly executed this Agreement as of the date first above written. THE CORPORATION OF THE TOWN OF AJAX- By: c/s By; c/s THE CORPORATION OF THE CITY OF BELLEVILLE - I By: c/s i By: c/s I THE MUNICIPALITY OF CLARINGTON By: c/s I By: Us i THE CORPORATION OF THE CITY OF PICKERING By: c/s i By: c/s 13 -62 VERIDIAN CORPORATION By: By: VERIDIAN CONNECTIONS INC. By: By: VERIDIAN ENERGY INC. By: By: 13 -63 c/s c/s c/s c/s s.. c/s Us Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: CLD- 031 -14 Resolution Number: File Number: By -law Number: Report Subject: Clarington Animal Shelter Volunteer Program Recommendations: 1. That Report CLD- 031 -14 be received for information. 13 -64 Municipality of Clarington Report CLD- 031 -14 Page 2 Report Overview This report is intended to provide background of the Volunteer Program over the past year. 1. Background 1.1 Council Direction At the October 7, 2013 General Purpose and Administration Committee meeting, the Committee passed the following resolution #GPA- 486 -13: "THAT Report CLD- 025 -13 be received; THAT staff be authorized to implement a volunteer program at the Clarington Animal Shelter effective November 1, 2013; THAT staff be authorized to modify the volunteer program model as required to meet the needs of the Shelter and comply with health and safety requirements while not infringing on contractual agreements; THAT staff report back in one year on the progress of the volunteer program; and THAT all interested parties listed in Report CLD- 025 -13 be advised of Councils decision." 1.2 Volunteer Program Since the inception of the Volunteer Program over 60 applicants have been received, approximately 45 interviews conducted, and 34 volunteers have successfully participated in orientation. To date, volunteers have contributed approximately 635 hours to the animals at the Clarington Animal Shelter. The cost associated with the program has been kept below $500 and has had minimal impact on staff duties. 2. Analysis The success or failure of the Volunteer Program is based on four key elements: A carefully defined program that suits the needs of the Shelter and includes defined rules, procedures, and training; A staff person dedicated to managing the program to ensure that the goals are being met; Staff support of the program; and 13 -65 Municipality of Clarington Report CLD- 031 -14 Page 3 • Enthusiastic, compassionate, and dedicated volunteers. Over the past year, the Animal Services Manager has dedicated time to ensure rules and procedures have been adhered to, and Staff concerns are dealt with promptly. The formal training, procedures and rules have further ensured the health and safety of Volunteers and that dedicated Volunteers remain committed to the program. Additionally, Staff has embraced the program as they have identified behavioural improvements with the animals they work with through the benefits of having compassionate and enthusiastic volunteers, without infringing on contractual obligations. Staff recognizes that there are days with minimal volunteer activity. Typically, this is related to the defined program rules which require a minimum commitment and availability on the part of our volunteers. Feedback from our volunteers indicates an opportunity to improve coordination of available volunteer assignments. Staff will monitor the program and will continue to accept volunteers who are committed and compassionate and who successfully enrich the animal's lives within the Shelter without compromising the key elements of the successful program. 3. Concurrence Not Applicable. 4. Conclusion Benefits to animals and Staff are noteworthy and affords us the opportunity to connect with our community. Staff will continue to promote and grow the Volunteer Program. 5. Strategic Plan Application The recommendations contained in Connecting Clarington. I ,.� Submitted by: r' C`. Anne Greentree Municipal Clerk report conform to the Strategic Plan, Reviewed : b Y Franklin Wu, Chief Administrative Officer Staff Contact: Duncan Anderson, Animal Services Manager, 905 - 623 -7652, Ext. 2127 or danderson @clarington.net List of the interested parties to be notified of Council's decision: None MO.& Claring- on Corporate Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: COD - 018 -14 File Number: By -law Number: Report Subject: Contract Awards During Council Recess Recommendations: 1. That Report COD - 018 -14 be received for information. 14 -1 Municipality of Clarington Report COD - 018 -14 Page 2 Report Overview To report to Council the contracts awarded during Council recess. 1.1. During periods when Council is in Recess provision has been made for the approval of contract awards in order to continue with business as usual. During the Recess there were five contract awards that would normally necessitate a report to Council. 2. Proposal In accordance with Purchasing By -law 2010 -112, Part 2, Section 67 (Attachment 1), the following contracts were awarded during the Council Recess. RFP2014 -9, Energy Efficiency and Water Conservation Performance Assessment RFP2014 -11, Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer RFP- 348 -2014, Natural Gas Consulting and Direct Purchase Lease Extensions, John Howard Society and Community Living Oshawa / Clarington both at 132 Church Street, Bowmanville, ON CL2014 -20, Osborne Road and Energy Drive Surface Works A copy of the recommending Purchasing Services Reports for the above noted projects are attached as Attachments "2 ", "3 ", "4 ", "5" and "6" respectively. 3. Concurrence This report has been reviewed by Fred Horvath, Director of Operations, David Crome, Director of Planning, Joseph Caruana, Director of Community Services and Nancy Taylor, Director of Finance who concur with the recommendations. 4. Conclusion It is respectfully recommended that the actions taken by Staff, as documented in the attached Purchasing Services Reports be provided for Council's information. 5. Strategic Plan Application Not applicable. 14 -2 , t t ` Municipality of Clarington Report COD -018 -14 A, Submitted by: afie Marano Director of Corporate Services e3 Reviewed by: ® c Ems' T, Franklin Wu, Chief Administrative Officer Staff Contact: David Ferguson, Manager Purchasing Division, 905 - 623 -3379 ext. 2209 or DFerguson @clarington.net Attachments: Attachment 1 - By -law to Purchasing 2010 -112, Part 2, Section 67 Attachment 2 — PS- 013 -14, RFP2014 -9 — Energy Efficiency and Water Conservation Performance Assessment Attachment 3 - PS- 014 -14, RFP2014 -11, Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer Attachment 4 — PS- 015 -14, RFP- 348 -2014, Natural Gas Consulting and Direct Purchase Attachment 5 — PS- 016 -14, Lease Extensions, John Howard Society and Community Living Oshawa /Clarington, 132 Church Street, Bowmanville, ON Attachment 6 - PS- 017 -14, CL2014 -20, Osborne Road and Energy Drive.Surface There are no interested parties to be notified of Council's decision. MM /DF /cb 14 -3 Purchasing By -Law No. 2010 -112 Page 10 Attachment 1 to Report COD - 018 -14 65. If the recommended Bid is in excess of an approved budget limit, the report to Committee shall identify the source of additional funding. 66. Upon approval of a Contract Award, the Purchasing Manager shall make the award and issue a Purchase Order or prepare a Contract in accordance with the conditions of the Bid Solicitation, Council Recess Procedures 67. (1) Notwithstanding section 64, where a matter which would have otherwise been submitted to Committee requires approval during any of Council's recesses, including elections, the CAO shall be authorized to award the Contract if, (a) the recommended Quotation or Tender is from the lowest Responsive and Responsible Bidder; (b) the recommended Proposal earned the highest ranked score or meet the requirements of the RFP based on qualitative, technical and pricing considerations; (c) the Treasurer is of the opinion that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department; and (d) the Department Head concurs with the recommendation. (2) The Purchasing Manager shall report all Contracts awarded under subsection (1) to Committee as soon as possible after the conclusion of the recess. (3) Council shall not vary any action or decision of the Contract awards made in accordance with this section. Execution of Contract 68. A successful Bidder shall be allowed ten working days from the date of mailing of the form of Contract to execute and return the Contract to the Purchasing Manager. Default By Successful Bidder 69. If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Contract may be awarded to the next lowest Bidder or cancelled. Co- Operative Purchasing 70. (1) In this section, "Co- operative Purchasing" means the participation of the Corporation with one or more public agencies, school boards, hospitals or other public agencies in a Bid Solicitation. (2) Notwithstanding the provisions of this by -law, Co- operative Purchasing shall be utilized when advantageous and practical. In the event of any conflict, the purchasing by- law and procurement practices of the municipality, school board, hospital or other public agency issuing the co- operative Bid shall take precedence over the provisions of this by- law. Prohibitions 71. No requests for prices or demonstrations for approved projects or programs shall be made without prior consultation with the Purchasing Manager. 72. (1) Purchase Orders shall not be split so as to circumvent the established method of purchase or the dollar limits imposed by this by -law. (2) Notwithstanding subsection (1), at the discretion of the Purchasing Manager, in consultation with the Department Head, if it is deemed advantageous due to short supply or time constraints, pre -bids for components of a major project may be obtained in accordance with this by -law. 14 -4 I , i Date: August 12, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS- 013 -14 File #: RFP2014 -9 Subject: Priority Green Clarington Attachment 2 to Report COD - 018 -14 meport !lus= RFP2014 -9 — Energy Efficiency and Water Conservation Performance Assessment Summer Recess Procedure (Purchasing By -Law 2010 -112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Office the following: a) That Report PS- 013 -14 be received; b) That Sustainable Edge Limited, Toronto, Ontario being the highest ranked proponent meeting all terms, conditions and specifications of Request for Proposal RFP2014 -9 be awarded the contract for Energy Efficiency and Water Conservation Performance Assessment as required by the Municipality of Clarington, Planning Department with a total bid in the amount of $30,019.20 (net of HST Rebate); and c) That the funds required in the amount of $ 30,019.20 (net HST rebate) be drawn from the following account: 100 -50- 000 - 10542 -7520 ......................................... ............................... $ 30,019.20 14 -5 , r . s Municipality of Clarington Report PS- 013 -14 Page 2 Recommended David Ferguson, Manager, Purchasing Date Services Concurrence.: 6 j A/yG'' �Mdmejlirector of Planning Approved bar:. Frank Wu, Chief Administrative Officer DF1bh cc: M. Marano, Director, Corporate Services NMI Date Date , I , i Municipality of Clarington Report PS- 013 -14 Page 3 Aeport Overview To request approval for the tender award for RFP2014 -9 Energy Efficiency and Water Conservation Performance Assessment as part of the Priority Green Clarington Project Request for Proposal (RFP) was issued by the Municipality for Energy Efficiency and Water Conservation Performance Assessment as required by the Planning Department. 2. RFP2014 -9 Energy Efficiency and Water Conservation Performance Assessment was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, proposals were received from the following companies: Clearsphere, Toronto, ON; IndEco Strategic Solutions, Toronto, ON; Sustainable Edge Ltd., Toronto, ON; and Cambium Inc., Peterborough, ON. 3. A total of four (4) proposals were received in response to the request for proposal call. All submissions were deemed compliant. 4. As stipulated within the request for proposal document, proposals /submissions were evaluated based on the following criteria: i) Experience of the Firm ii) Experience of Key Personnel iii) Proposed Methodology and Workplan iv) Deliverables v) Pricing, etc 5. As stated within the request for proposal documents, the vendor selection would be made on the written proposal, reference checks and an interview if required. 6. All proposals received were reviewed by the evaluation committee which consisted of representatives from Planning, Durham Region and Purchasing Services. Analysis 7. The evaluation committee reviewed and scored the proposals in accordance with the established evaluation criteria. Based on the evaluation rankings only one firm met the established threshold to move forward in the process, Sustainable Edge Ltd., Toronto, ON. 8. References were completed on Sustainable Edge Ltd. of Toronto and were found to be satisfactory. 14 -7 , I , 4 Municipality of Clarington Report PS- 013 -14 Page 4 9. To ensure a firm understanding of the project and scope of work for this project, to obtain clarification in regards to their proposal and to meet the proposed representative a meeting was held. 10. Queries with respect to the department needs, specifications, etc. should be referred to the Director of Planning. 11. The evaluation committee's recommendation is to award the contract to Sustainable Edge Limited, Toronto, Ontario. 12. Priority Green Project is being funded by the Ontario Ministry of the Environment through the Showcasing Water Innovation program and the Federation of Canadian Municipalities Green Municipal Fund. 13. The proposal submitted by Sustainable Edge Limited was in the amount of $30,019.20 (net HST Rebate). Funding for this project will be drawn from the following account: Account Name 100 -50- 000 - 10542 -7520 ....................................... ..............................$ 30,019.20 Concurrence 14. This report has been reviewed by David Crome, Director of Planning Services who concurs with the recommendations. Conclusion 15. To award the contract to Sustainable Edge Limited, Toronto, for the Energy Efficiency and Water Conservation Performance Assessment. Strategic Plan Application The recommendations contained in this report supports promoting green initiatives as outlined in the Strategic Plan. Staff Contact: David Ferguson, Purchasing Manager, 905 - 623 -3379 ext. 2209 or dfegguson@clarington.net Attachments: Attachment 1 - Submission Summary 14 -8 r ,I Municipality of Clarington Report PS- 013 -14 Page 5 Attachment 1 Municipality Of Clarington Bid Summary Request for Proposal RFP2014 -9 Energy Efficiency and Water Conservation Performance Assessment BIDDER PROPOSAL COST (HST Included) PROPOSAL COST (Net of HST Rebate) Sustainable Edge Ltd. $33,335.00 $30,019.20 Clearsphere $30,679.50 $27,627.84 Ind Eco Strategic Consulting $50,619.48 $45,584.40 Cambium Inc. $33,651.40 $30,304.13 14 -9 Y Purchasin Date: October 27, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS- 014 -14 File #: RFP2014 -11 Attachment 3 to Report COD - 018 -14 Report Services Subject: RFP2014 -11 — Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer Council Recess Procedure (Purchasing By -Law 2010 -112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) That Report PS- 014 -14 be received; b) That SLR Consulting (Canada) Ltd. being the highest ranked proponent meeting all terms, conditions and specifications of Request for Proposal RFP2014 -11 be awarded the contract for the Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer as required by the Municipality of Clarington, Planning Department with a bid for the lump sum portion of the contract in the amount of $92,947.58 (net of HST Rebate); c) That the hourly per diem rate for additional meetings, conference call, presentations and any other work that may be necessary throughout the duration of the contract, as outlined in SLR Consulting (Canada) Ltd. proposal shall be applied. The total for the contract will not exceed the $250,000 provided by Hydro One for this peer review; and d) That the funds for the contract are provided by Hydro One and can be drawn from the following account 100 -00- 000 - 02207 -2015 established by Finance Department to hold the funds until the project is complete. Any funds not expended would be returned to Hydro One. 14 -10 Municipality of Clarington Report PS- 014 -14 Page 2 David Ferguson, Manag -r, Purchasing Services Concur- rence: Davi -Erome, Director of Planning Approved by: Frank Wu, Chief Administrative Officer DF \cb cc: . M. Marano, Director, Corporate Services r 7/ Date oa Date I �f- 14 -11 Municipality of Clarington Report PS- 014 -14 Page 3 Report Overview To request approval for the award of contract for RFP2014 -11 Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer. Background Council accepted the proposal from Hydro One to fund a peer review at their meeting of June 16, 2014 by Resolution C- 267 -14 (Attachment 1). The parameters of this project were briefly outlined in the Proposal dated June 11, 2014 by Brad Bowhess, Director Project Management at Hydro One (Attachment 2). 2. The Request for Proposal (RFP) was issued by the Purchasing Services Division to hire a peer review consultant to review hydrogeological related monitoring reports and practices to ensure that the conditions of the Environmental Assessment approval are being carried out in accordance with current standards and codes of practice and to address the concerns and interests of the residents and Municipality of Clarington. 3. RFP2014 -11 Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer was advertised electronically on the Municipality's website: Seventeen (17) companies downloaded the RFP document from the Municipality's website. This resulted in a total of 5 proposals being received by the closing date and time as stipulated in the RFP document, from the following companies:, • Oakridge Environmental Ltd., Peterborough, ON; Y Cambium Inc., Peterborough, ON; • SLR Consulting (Canada) Ltd., Markham, ON; ® R.J Burnside & Associates Ltd., Guelph, ON; and • WSP Canada Inc., Markham, ON. 4. All 5 submissions were deemed compliant. 5. The RFP was structured as a "two- envelope" model with each submission including a detailed Technical Proposal (Envelope 1) and a sealed separate envelope with a Pricing Proposal (Envelope 2). The selection process stipulated that the envelopes containing the pricing information would not be opened until the evaluation of the Technical Proposals had been completed. 14 -12 Municipality of Clarington Report PS- 014 -14 Page 4 6. As stipulated within the RFP document, proposals were evaluated based on the following criteria: Envelope 1 i) Compliance with Mandatory Requirements ii) Qualifications and Experience iii) Experience of the proponent/sub - consultants with projects of similar nature, size and complexity iv) Working Knowledge of Clarington, Durham Region and the Oak Ridges Moraine v) Approach to Methodology of Project Delivery vi) Understanding of the RFP and Proposed Solution vii) Submission viii) Presentation and Demonstration Envelope 2 ix) Pricing 7. As stated within the RFP document, the vendor selection would be based on the written proposal, reference checks, an interview, if required, and price. 8. References were completed on all five (5) proponents and were found to be satisfactory. 9. All proposals received were reviewed by the evaluation committee which consisted of representatives frorn Planning Services, Durham Region, Central Lake Ontario Conservation Authority (CLOCA) and Purchasing Services. Analysis 10. The evaluation committee reviewed and scored the proposals in accordance with the established evaluation criteria. Based on the evaluation rankings all five (5) firms met the established threshold to move forward in the process. To ensure a firm, had an understanding of the project and scope of work for this project, obtain clarification in regards to their proposal and meet the proposed representative, proponents were invited to provide a presentation of their proposal to the evaluation committee. The presentations were to demonstrate: Validation of the Company's understanding of the Scope of Work / Specifications; Details on the Proposal's value added components; Ability to communicate clearly and concisely; 14 -13 . Municipality of Clarington Report PS- 014 -14 Page 5 • Ability to communicate highly technical information to a non - technical audience; • Clear expression of proposed methodology and management approach; • Consistency with written proposal; • Appropriate response to questions during presentation and demonstration; and • Team Compatibility. 11. A maximum of 236 points were allocated for Technical Proposals and 59 points for the Pricing Proposal. Each Technical Proposal had to score a minimum of 177 points to have the Pricing Envelope opened and evaluated. 12. All (5) proposals exceeded the minimum threshold and consequently had their pricing envelope opened. 13. Upon completion of the evaluation process, the evaluation committee concluded that the proposal from SLR Consulting (Canada) Ltd. submitted the best proposal and was ranked first. 14. The evaluation committee's recommendation is to award the contract to SLR Consulting (Canada) Ltd. being the highest scoring proponent and meeting the requirements of the RFP. 15. The RFP.document stipulated that the Municipality may allow a rate adjustment for per diem after the first year of the contract and all subsequent years thereafter. Proposed per diem rate adjustments from the successful proponet will be reviewed and acceptance will be based on proposed increase as compared to the Consumer Price Index (CPI). The rate adjustment shall not exceed the Consumer Price Index (CPI) plus 2 percent. 16. Queries with respect to the department needs, scope of work, etc. should be referred to the Director of Planning. 17. The proposal submitted by SLR Consulting (Canada) Ltd. was in the amount of $92,947.58 (net HST Rebate), with an hourly per diem rate as outlined in their proposal. The total for the contract over the next five (5) years will not exceed the $250,000 provided by Hydro One for this peer review. 18. The proponent's scores and analysis of the evaluation results can be provided in an in- camera presentation, if requested by Council. 19. That the funds for the contract are provided by Hydro One and can be drawn from the following account 100 -00- 000 - 02207 -2015 established by Finance Department, to hold the funds until the project is complete. Any funds not expended would be returned to Hydro One. 14 -14 Municipality of Clarington Report PS- 014 -14 Page 6 Concurrence 20. This report has been reviewed by David Crome, Director of Planning Services who concurs with the recommendations. Conclusion 21. To award the contract to SLR Consulting (Canada) Ltd. for the Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer. Strategic Plan Application Not applicable. Staff Contact: David Ferguson, Purchasing Manager, 905 - 623 -3379 ext. 2209 or dfer.guson(a-_)clarington.net Attachment 1 — Council Resolution C- 267 -14 Attachment 2 — Hydro One Proposal dated June 11, 2014 14 -15 Council Meeting Minutes -15- June 16, 2014 Resolution #C- 267 -14 Moved by Councillor Neal, seconded by Councillor Novak WHEREAS, in response to requests from the Municipality, Enniskillen Environmental Association (EEA) and residents, Hydro One has provided a proposal to engage an independent third party consultant to review and provide input on the hydro - geological monitoring plan; AND WHEREAS it will also be this consultant's responsibility to interpret the data, assist the community in understanding the potential effects of the project on the . surface water, ground water and deep aquifer, evaluate and provide feedback on proposed mitigation measures and provide input to the Municipality of Clarington and Hydro One as to how the monitoring plan is performing as part of the adaptive management model being utilized; AND WHEREAS Hydro One has recommended that this third party consultant be retained by the Municipality of Clarington, at the expense of Hydro One, following the Municipality's procurement by -law and procedures; AND WHEREAS Council is pleased to receive this proposal and acknowledges that it signals a shift in how Hydro One wishes to approach projects in Clarington; NOW THEREFORE BE IT RESOLVED THAT Staff be directed to work with the EEA, residents, and agencies to assist Hydro One with the procurement of a third party consultant as outlined in their proposal from Brad Bowness, Director of Project Management, dated June 11, 2014. D - 8 Brad Bowness, Director, Project Management and Chair, Community Liaison Committee, Hydro One Networks Inc., requesting a temporary road occupancy to permit Hydro One's project team to access a section of infrastructure to conduct a critical planned outage in July; indicating that the temporary access would limit Hydro One to laying gravel on Townline Road to facilitate trucks entering and exiting the site to allow for staging the site for the outage; and, advising that the temporary road will be removed if required by Council or once the preparatory work for the outage is complete. HUM .Hydro On*e Networks Inc. 483 B6y Street Sou*fh Towir,0. boi* Toronto, ON MSG 2P5 www,Hydeo0ne.com brad Bowness Director, Project Management Brcid.gowness@HydroOne.com June li, .2014 Tel: (416) 346-6729 Mayor Adrian Foster and Members ofCoUncil c/o Q. Anne . Greentree, Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville,-ON L1C3A9 D6* Mayor Foster and Members of Council: Re 1. VaHngton Transfortner Station Project hydrd�' one 1, am writing to provide you with an update on Hydro One NetWork§ Inc!$ (Hydro one) Claringtoft Transformer station ., project. On June -5, 2014, our project team, along with community residents and project stakeholders met for the first Community Liaison. Committee. The meeting allowed for a productive discussion and the exchange of community questions and concerns with respect tothe design and construction phase of the project. Hydro One recognizes that the community remains concerned With respect to %haterqualft y and 1' S . col;nmifted to make best efforts . to allay lay these concerns, At the meeting, Hydro One proposed an initiative to work with the 1V Sol 66mMuriity and Municipality to allay these concerns. At the meeting, Hydro One proposed an initiative to select an independent third part y expert /consultant. to be used as a resource by the community during the project, Based :upon the positive fepdba.ck from the Cqrrimittee, we are proceeding with a proposal to. meet with have .attqthed a draft representatives of th.6 community, municipal and CLOCA staff to pursue this initiative. . We proposal that we intend to share %04 the commuhity, who have exprps5.e.d. an interest in the.ptojectand total environmental associations. Recognizing Council's interest in this project and itsinvolvement with the co'rnmuhity, we wanted to.share a copy of this proposal in advance. Part of this proposal contemplates -seeking the* unicip6lity's.*assistaince*ih6kecdtldgth*dprbcurement-* p rocetsinan effort . to ensure neutrality. S wiffi cdeveloping y it is out'holJe that Municipal Staff representatives will attend and as 1' t the terms of reference. 14-17 hydrO one Also at the community Liaison Committee meeting, the community made a request to expand our private well monitoring program. We are pleased to advise you that Hydra One has accepted this request and will be advising members of the community this week. We look forward to working with the Municipality of Clarington and the community on this initiative as Wive move forward with the project. .Best Regards; M �� Brad.Bowness Director, Project Management and Chair; Community Liaison Committee Hydro One Networks Inc. Encl. 14 -18 hydro Q�-' one to: Mayor Sotteie and Mornbets of -Council FROM: HVd'r*o One Netwbrks Inc. DATE: I June 11, 2014 SUBJECT: Clarino h TS Water Quality Third Party Worksh6p, INTENTS .Hydro One. recognizes raised by thb:corhmuhityw1tK respect to.water quality from th2 . construction and operation of Claringto . ry Transformer Station (TS): In an effort to allay these concerns, Hydro 6 ne is proposing to 1.6v!t'e* members of the community Who expressed an interest in the project and local environmental associations to p e participate In a series of independently moderated workshops with the goal of determining a, process to select a qualified, independent, third party expert /consultant for the community to use as a resource during pr6jq6t construction ofthe station. This process will remain separate and distinct from the Class Environmental Assessment process and the Community Liaison Committee, OUTLINE: The following provides an outline for the water quality third party expert/corisultarit Workshop to cor6meke in June 2014, With a description of the objective, logistics; audience, agenda and format. OBJECTIVE: To work with Members of the community who expressed an Interest inthe.Clarington TS project and develop -a process to select a qualified; independent third party for the purpose of. Reviewing and explaining groundwaier.a.nd surface water monitoring reports produced:by Hydro, One' -s hydrogeologic4i expert/.consultant;-$tantec Analyzing future monitoring results related to the" project Aftint'a*s' an independent resource should the community have questions bir concerns with'respect to monitoring e6sults PROPOSED STRUCTUOE Hydro One is proposing t-hls':peQcdss be conducted as a three. phase process. 14-19 hyd'Sne PHASE ONE: WORKSHOPS 1. Audience: In order: to maintain a productive discussion and to'hear views from all representatives, it Is recommended that participation be limited to five members -of the community who expressed an interest in the Clarington TS project. including members from tonal environmental associations. The Municipality of Clarington and CLgCA will be invited to participate in the workshop. Proposed composition for participation:: Two members of the community ® Two members of the Enniskillen Environmental Association ® One member of Mends of the Farewell o Members from Hydro One Clarington T5 project team ® Munic1pal'Staff CLOCA Staff, o STORM 2. Proposed Logistics.: a. Workshop: a kick -off Workshop that will be held at a locally convenient location such as Solina Community Hall. b. Invitation: Distribute invitation, to members of the cofrimunity who expressed an interest In the project outlining that participation. will be. limited. to up to five members. c. Key dates: • June 2014 — Notification delivered inviting participation in workshop; • July 2014 —Kick off workshop:(exact date, TBD); Ongoing �-if required, additional meetings d. Duration: 3 hour workshop With dinner provided e. Location: Solfna Town Hall f. Facilitator: TBQ 3. 'Proposed Format: A roundtable. discussion lead by moderator. SUCCESS A successful outcome and conclusion of the need for workshops -will be dependent on the group achieving agreement on questions such as: 14 -20 h y d r What are the outstanding concerns with the. construction and. operation of the station? Who is considered an.expert/c9n5ultant that can help with these concerns? ® Are there qualified ex'p erts/consuttarits? Who is ccinsi.de.'fed independent? How 15.peocurerneritachieved, requests for qualification and the scoring process. The group will rely on a -facilitator to guide discussions. -once agreement has been achieved, a separate proburement type process will be executed.- PHASE TWO.- PROCUREMENT Hydro One proposes that the Mun . icipall . ty lead a,neutral selection process . to procure an independent, third pprty expert /consultant to rrie,et'Ihe defined needs o f the.gr6'u . - Hydro One will provide funding to the Municipality for the initiative up to.$250,000. PHASE THREE: POST PROCUREMENT Once a third party expert/consultant has. been selected, it will operate under contract to the Municipality as, a resource to the community for the pPrp9se of:, i? Providing advice on any groundwater or surface water monitoring reports produced by Hydro One's hyqro'gqoiogical"expe'rt/cons..ulta.nt- Stant.ec; .® Acting a§'an independent resource should the community have questions or concerns. with respect to monitoring results. -All results and interpretations will be provided by the expert /consultant to the Municipality of Clarington for dissemination. t 14-21 l Date: November 4, 2014 Attachment 4 to Report COD - 018 -14 Report Purchasing services To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS- 015 -14 File #: RFP- 348 -2014 Subject: Co -Op Request for Proposal RFP- 348 -2014 — Natural Gas Consulting and Direct Purchase Council Recess Procedure (Purchasing By -Law 2010 -112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) That Report PS- 015 -14 be received; b) That the proposal received from Blackstone Energy Services Inc., Toronto, for the provision of consulting.and related management and administrative services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Service's Department) for a term of three years be accepted; c) That the agreement be extended for up to two additional one year terms pending satisfactory service, pricing and agreement of the Durham Purchasing Co- operative; and d) That the Director of Corporate Services and the Director of Finance/Treasurer be authorized to sign the required Natural Gas Purchase Agreements and Master Service Agreements. required to implement and maintain this program during the term of the agreement with Blackstone Energy Services Inc. 14 -22 Municipality of Clarington Report PS- 015 -14 Report Overview Page 2 To request approval for the award of Co -Op Request for Proposal RFP- 348 -2014 for consulting and related management and administrative services for the supply of natural gas. Background The current agreements for these services expire November 1, 2014. Using a competitive process the Region of Durham and the Municipality of Clarington developed a cooperative Request for Proposal (RFP) which was issued by the Region of Durham Supply and Services Section. 2. The Municipality's current annual consumption of natural gas is approximately 1,369,807 cubic meters, and the total combined volume for the two agencies is approximately 10,293,000 cubic meters annually. The estimated cost for natural gas for the period of November 2013 to October 2014 inclusive for the Municipality of Clarington requirements is estimated at $ 239,717.00 exclusive of Enbridge delivery costs. All affiliated Municipality of Clarington Hall Boards and Arenas have been invited to participate in this contract. 3. RFP- 348 -2014 was prepared by the Region of Durham, issued on April 30, 2014 and closed on May 22, 2014. Analysis 4. Proposals were received from: Blackstone Energy Services Inc., ECNG Energy L.P. and E2 Energy Inc. All three (3) proposals received were deemed to be compliant. 5. Representatives from the two participating agencies evaluated and scored each of the proposals based on the following criteria. The Evaluation Committee then met to discuss and achieve a consensus on the ranking of each respondent based on the established criteria: • Understanding of the RFP requirements • Company Background, Qualifications and Experience • Team Experience • Methodology and Management Plan • Value Added Services 14 -23 Municipality of Clarington Report PS- 015 -14 • Financial Conditions, Capacity and Integrity • Proposed Fees • Client Reference Feedback (Short- listed respondents only) • Respondent Interviews Page 3 6. Scores were compiled with the proposal from Blackstone Energy Services Inc., receiving the highest score overall based on the requirements of this RFP. Blackstone Energy Services Inc. provided the most comprehensive proposal and includes the following services: ® Providing weekly market analysis of natural gas supply, commodity pricing and forecasts; ® Performing all communication with Enbridge on behalf of the agencies concerning billing and inventory balancing, and updating lists of locations etc; ® Ensuring facilities are allocated to the correct rate plan and ensuring that all available discounts are secured; ® Ensuring that a continuous supply of natural gas is supplied to meet the needs of the municipalities through direct purchase agreements; ® Utilizing the purchasing leverage of the combined agencies' volumes, as well as providing market analysis and forecasting to maximize price value; ® Reviewing and providing recommendations with respect to direct purchase agreements for signature by the Director of Corporate Services and the Director of Finance/Treasurer in accordance with the Municipality's Hedging Agreement; ® Monitoring balances of natural gas under contract and minimizing potential risks of imbalances through buy /sell transactions and pooled inventory; and ® Providing financial reports to verify transactions, price reconciliation and inventory balances. 7. Blackstone Energy Service Inc.'s proposed fees for the Municipality of Clarington for the current twenty -two active accounts is $2,772.00 per year and will be held firm for the first 3 years of the potential 5 year contract. 8. Blackstone Energy Services Inc. has performed these services acceptably for the Municipality since September 2008. 9. Due to the volatile nature of natural gas commodity pricing, it is not possible to forecast with accuracy the impact of natural gas pricing on the 2015 Budgets. 14 -24 However, based on current commodity pricing, market conditions and future Municipality of Clarington Report PS- 015 -14 Page 4 supply forecasts it is like that natural gas prices will increase or fluctuate but in general will result in an increase. The impact of price escalations for future years may be minimized through fixed price /volume purchases of natural gas. The Municipality may lock in all or a portion of the total natural gas requirements under this type of agreement. Opportunities for fixed price /volume purchases will be monitored on an ongoing basis by the consultant. Should conditions warrant, the Municipality of Clarington will be able to execute a supply agreement to secure long term pricing stability. 10. This report has been reviewed and circulated to the following department heads: Marie Marano, Director of Corporate Services Fred Horvath, Director of Operations Joseph Caruana, Director of Community Services. Nancy Taylor, Director of Finance Conclusion 11. To award the contract to Blackstone Energy Services Inc. Toronto, for the provision of consulting and related management and administrative services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements. Not Applicable. 14 -25 a Municipality of Clarington Report PS- 015 -14 Submitted by: David Ferguson, Ma' ger, Purchasing Services Concurrence: Marie Marano, Director of Corporate Services Nancy Ta 0or0iregf6r of Finance F ed Fiot�, Director of Operations i l , , I /Vt 't 4,6, ' - Jose - I /Caruana, Director of Community Services Approved by: Frank Wu, Chief Administrative Officer Page 5 Date / N c� 1 l. 9— Date z /1� atP Altr 1 t / 9 Date Date Date Staff Contact: David Ferguson, Purchasing Manager, 905 - 623 -3379 ext. 2209 or dferguson@clarington.net Attachments: N/A DF /sm /cb 14 -26 Purchasin Date: October 29, 2014 To: Frank Wu, Chief Administrative Officer Attachment 5 to Report COD - 018 -14 Report Services From: David Ferguson, Purchasing Manager Report#: PS- 016 -14 File #: N/A Subject: John Howard Society — Lease Extension- 132 Church Street, Bowmanville Community Living Oshawa /Clarington — Lease Extension- 132 Church Street, Bowmanville Council Recess Procedure (Purchasing By -Law 2010 -112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) THAT Report PS- 016 -14 be received; b) THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,994.56 for the term of April 1, 2014 to December 31, 2015 be approved; c) THAT the Lease Extension from the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,994.56 for the term of April 1, 2014 to December 31, 2015 be approved; d) THAT Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society and Community Living Oshawa / Clarington; e) THAT staff be authorized to continue discussions with the Community Living Oshawa / Clarington with a view to expanding their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations, as funds permit; and f) THAT staff report on the results of the discussions with the Community Living Oshawa / Clarington and John Howard Society and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. - 14 -27 Municipality of Clarington Report PS- 014 -14 Page 2 David Ferguson, Man "er, Purchasing Services 6` Concurrence: 1�� z Frye ath, Director of Operations Approved by: Frank Wu, Chief Administrative Officer DF \cb cc: M. Marano, Director, Corporate Services 14 -28 6-T 3 4 /ZO / Date A')gAILA Date - 0-r-� ( ? 2-6 /9-- Date Municipality of Clarington Report PS- 014 -14 Page 3 Report Overview To request approval for lease extension for the John Howard Society and the Community. Living Oshawa / Clarington Background 1. The John Howard Society and Community Living Oshawa /Clarington have expressed an interest in, and agreed to an extension of their current lease for a period of twenty (20) months commencing April 1, 2014 to December 31, 2015. This amounts to an increase of 2.8% increase over the 2013 lease rate. 2. The increase is based on the CPI - All Items — .Ontario. ANALYSIS 3. Staff continues to meet with representatives of both agencies to discuss the space requirements and the issues with expanding their programs. As renovations are quite extensive to accommodate building code and spatial requirements, discussions continue with the intention of finalizing an action plan in early 2015. This will be contingent on provincial funding including but not limited to Ontario Trillium Foundations, Access fund, etc. 4. There are other landlord related costs associated with the renovations that would be the responsibility of the Municipality. This includes washroom upgrades, asbestos removal and HVAC /electrical upgrades. This will have to be budgeted for and a further report to Council outlining our collaborative with the agencies. 5. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. 14 -29" Municipality of Clarington Report PS- 014 -14 Page 4 Concurrence 6. 7his'report has been reviewed by Fred Horvath, Director of Operations who concurs with the recommendations. Conclusion 7. That the proposed lease extensions be approved for the current space and that staff continues discussions with Community Living Oshawa / Clarington and John Howard Society for the options related to expanded space and related leasehold improvements and the establishment of a long term lease. Strategic Plan Application The recommendations contained in this report supports investing in infrastructure as outlined in the Strategic Plan. Staff Contact: David Ferguson, Purchasing Manager, 905 - 623 -3379 ext. 2209 or dferguson@clarington.net Attachments: Attachment 1 - John Howard Society Lease Extension Attachment 2 - Community Living Oshawa / Clarington Lease Extension W=1111 LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the - day of November, 2014. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord ") OF THE FIRST PART - and - COMMUNITY LIVING OSHAWA/CLARINGTON a corporation incorporated under the laws of the Province of Ontario (hereinafter called the "Tenant") OF THE SECOND PART WHEREAS: A. By a Lease Agreement dated March 7th, 2008 (the "Original Lease "), the Landlord lease unto Community Living Oshawa /Clarington (the "Tenant ") for a term of one (1) year commencing January 1st, 2008 and ending December 31St, 2008 (the "Term "), the premises more particularly described as comprising the administrative areas, the former apparatus bay, courtroom #2 and adjacent office (the "Leased Area "), in the building municipally known as the Fire and Court Building (the "Building "), in the Municipality of Clarington, in the Province of Ontario (the "Lands "). B. *AND WHEREAS the Original Lease and this •Lease Extension and Amending Agreement (the "Agreement ") are hereinafter collectively referred to as the "Lease ", except as specifically set out herein. C. The parties hereto have agreed that the terms and conditions of the Lease as amended by this Lease Amending Agreement shall continue to govern the relationship of the Lessor and the Lessee of the Demised Premises for the "Term" (as defined in section 1(a) hereof), unless terminated earlier as provided below. D. The Mayor and the Municipal Clerk of the Lessor are authorized to execute this Lease Amending Agreement on behalf of the Lessor. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Term Section 1. (a) of the Lease is deleted and replaced with the following: (a) Term The term of this Lease shall commence on April 1, 2014 (the "Commencement Date ") and shall terminate on December 31, 2015 ( "Sixth Extension "). 14 -31 2. Rent Section 5 of the lease is deleted and replaced with the following: 5. Rent a) The rent reserved by the Lessor from the Demised Premises is Fourteen Thousand Nine Hundred and Ninety Four Dollars and Fifty Six Cents ($14,994.56) ('Rent ") per year. Notwithstanding the length of the Term, the Rent reserved hereby shall be due and payable by the Lessee -to the Lessor in twenty equal monthly instalments of One Thousand Two Hundred and Forty Nine Dollars and Fifty Five Cents ($1,249.55) each, in advance, with the first instalment being due and payable on the Commencement Date." b) Harmonized Sales Tax (HST). c) Without derogating from any other provision of this Lease, the Tenant shall be responsible for the payment of the Harmonized Sales Tax (HST) where applicable in respect to and in addition to the Rent required to be paid to the Landlord under this Lease. d) In respect of goods and services sold by the Tenant or any person claiming or acting through, under or with the permission of the Tenant any commodity taxes applicable are the responsibility of the Tenant. e) This lease will be governed by all existing and future Federal, Provincial and Municipal Acts, By -laws and /or policies or revisions thereto. 3) The extension contemplated pursuant to this Agreement is subject to all the covenants and agreements contained in the lease, as amended, renewed and extended from time to time. IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally delivered this Lease as of the date first written. The Corporation of the Municipality of Clarington Adrian Foster, Mayor Anne Greentree, Municipal Clerk We have the authority to bind the Corporation Community Living Oshawa / Clarington Name: Title: Name: Title: We have the authority to bind the Corporation. 14 -32 LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the day of November, 2014. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord ") - and - THE JOHN HOWARD SOCIETY a corporation incorporated under the laws of the Province of Ontario (hereinafter called the "Tenant") WHEREAS: OF THE FIRST PART OF THE SECOND PART A. By a Lease Agreement dated March 7th, 2008 (the "Original Lease'), the Landlord leased unto The John Howard Society (the "Tenant ") for a term of one (1) year commencing January 1St, 2008 and ending December 31St, 2008 (the "Term "), the premises more particularly described as comprising the administrative areas, the former apparatus bay, courtroom #2 and adjacent office (the "Leased Area "), in the building municipally known as the Fire and Court Building (the "Building "), in the Municipality of Clarington, in the Province of Ontario (the "Lands "). B. AND WHEREAS the Original Lease and this Lease Extension and Amending Agreement (the "Agreement ") are hereinafter collectively referred to as the "Lease ", except as specifically set out herein. C. The parties hereto have agreed that the terms and conditions of the Lease as amended by this Lease Amending Agreement shall continue to govern the relationship of the Lessor and the Lessee of the Demised Premises for the "Term" (as defined in section 1(a) hereof), unless terminated earlier as provided below. D. The Mayor and the Municipal Clerk of the Lessor are authorized to execute this Lease Amending Agreement on behalf of the Lessor. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Term Section 1. (a) of the Lease is deleted and replaced.with the following: (a) Term The term of this Lease shall commence on April 1, 2014 (the "Commencement Date ") and shall terminate on December 31, 2015 ( "Sixth Extension "). 14 -33 2. Rent Section 5 of the lease is deleted and replaced with the following: 5. Rent a) The rent reserved by the Lessor from the Demised Premises is Fourteen Thousand Nine Hundred and Ninety Four Dollars and Fifty Six Cents ($14,994.56) ( "Renf) per year. Notwithstanding the length of the Term, the Rent reserved hereby shall be due and payable by the Lessee to the Lessor in twenty equal monthly instalments of One Thousand Two Hundred and Forty Nine Dollars and Fifty Five Cents ($ 1,249.55) each, in advance, with the first instalment being due and payable on the Commencement Date." b) Harmonized Sales Tax (HST) c) Without derogating from any other provision of this Lease, the Tenant shall be responsible for the payment of the Harmonized Sales Tax (HST) where applicable in respect to and in addition to the Rent required to be paid to the Landlord under this Lease. d) In respect of goods and services sold by the Tenant or any.person claiming or acting through, under or with the permission of the Tenant any commodity taxes applicable are the responsibility of the Tenant. e) This lease will be governed by all existing and future Federal, Provincial and Municipal Acts, By -laws and /or policies or revisions thereto. 3) The extension contemplated pursuant to this Agreement is subject to all the covenants and agreements contained in the lease, as amended, renewed and extended from time to time. IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally delivered this Lease as of. the date first written. The Corporation of the Municipality of Clarington Adrian Foster, Mayor Anne Greentree, Municipal Clerk We have the authority to bind the Corporation The John Howard Society Name: Title: Name: Title: We have the authority to bind the Corporation 14 -34 Date: November 25, 2014 Attachment 6 to Report COD - 018 -14 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS- 017 -14 File #: CL2014 -20 /I M� Subject: CL2014 -20 — Osborne Road and Energy Drive Surface Works, Courtice Council Recess Procedure (Purchasing By-Law 2010 -112, S. 67) Recommendations. It is respectfully recommended to the Chief Administrative Officer the following: a) That Report PS- 017 -14 be received; b) That Ashland Paving Limited with a total bid in the amount of $741,369.32 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2014 -20 be awarded the contract for Osborne Road and Energy Drive Surface Works as required by the Municipality of Clarington, Engineering Department; and c) That the funds required in the amount of $773,691.55 (which includes contingencies) be drawn from the following accounts: Osborne Road Surface Asphalt 110 -32- 330 - 83334 -7401 (2014) ............................ ............................... $ 115,000.00 Osborne Road Sidewalk 110 -32- 331 - 83334 -7401 (2013) .............................. ....:.........................$ 42,000.00 Osborne Road Street Lighting 110 -32- 324 - 83334 -7401 (2013) ........................... ............................... $ 158,000.00 Energy Drive Surface Asphalt 110 -32- 330 - 83403 -7401 (2014) ........................... ............................... $ 120,000.00 Energy Drive Sidewalk 110 -32- 331 - 83403 -7401 (2013) .............................. ..............................$ 64,000.00 14 -35 Municipality of Clarington Report PS- 017 -14 Page 2 Energy Drive Streetscape 110 -32- 338 - 83403 -7401 (2013) ............................ ............ ...................$ 100,000.00 Energy Drive Streetlighting 110 -32- 324 - 83403 -7401 (2013) ............................ ..............................$ 175,000.00 Total Budget Amount , $ 774,000.00 Recommended bv: c David Ferguson, Mar,} ger, Purchasing Services U Concurrence: T y Ca �ell, �f if •�� Nancy Taylor; Approved by: Directplr of Engineering -q71 l� Date( Date r of Finance Date C) ZL -1�1� - Frank Wu, Chief Administrative Officer DF \sm cc: M. Marano, Director, Corporate Services 14 -36 I/ Date Municipality of Clarington Report PS- 017 -14 Report Overview Page 3 To request approval for the tender award for CL2014 -20 Osborne Road and Energy Drive Surface Works 1. Tender specifications for the surface asphalt placement, sidewalk construction and street light installation on Osborne Road and Energy Drive were provided by the Municipality's Engineering Department. 2, Tender CL2014 -20 Osborne Road and Energy Drive Surface Works was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were received and tabulated as per Attachment 1. 3. The area of the work required was established to be as follows: Osborne Road (from South Service Road to Crago Road), Energy Drive (from Osborne Road to the east limit and on the southeast and southwest curves of Crago Road in Courtice. Analysis 4. A total of three (3) submissions were received in response to the tender call. All submissions were deemed compliant. 5. After further review and analysis of the bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Ashland Paving Limited be recommended for the contract for the Osborne Road and Energy Drive Surface Work. The recommendation memo from the Engineering Department summarizing the project and costs is appended as Attachment 2. 6. Ashland Paving Limited has provided similar services to the Municipality of Clarington and the level of service and quality has been satisfactory. 7. Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 8. The total project cost of $773,691.55 includes $741,369.32 (net of HST Rebate) for project cost and contingencies. The funding and costs for this project are outlined in the memo from Engineering Services (Attachment 2). 14 -37 Municipality of Clarington Report PS- 017 -14 9. Funding for this project will be drawn from the following account: Page 4 Osborne Road Surface Asphalt 110 -32- 330 - 83334 -7401 (2014) ............................ ............................... $ 115,000.00 Osborne Road Sidewalk 110 -32- 331 - 83334 -7401 (2013) ............................. ............................... $ 42,000.00 Osborne Road Street Lighting 110 -32- 324 - 83334 -7401 (2013) ..................:........ ............................... $ 158,000.00 Energy Drive Surface Asphalt 110 -32- 330 - 83403 -7401 (2014) ............................ ..............................$ 120,000.00 Energy Drive Side walk 110 -32- 331 - 83403 -7401 (2013) .............................. ..............................$ 64,000.00 Energy Drive Streetscape 110 -32- 338 - 83403 -7401 (2013) ........................... ............................... $ 100,000.00 Energy Drive Streetlighting 110 -32- 334 - 83403 - 7401(2013) ........................... ............................... $ 175,000.00 Total Budget Amount $ 774,000.00 Concurrence 10. This report has been reviewed by Tony Cannella, Director of Engineering Services who concurs with the recommendations. Conclusion 11. To award the contract to Ashland Paving Limited, Concord, Ontario for the Osborne Road and Energy Drive Surface Work. Strategic Plan Application The recommendations contained in this report supports investing in infrastructure as outlined in the Strategic Plan. Staff Contact: David Ferguson, Purchasing Manager, 905 - 623 -3379 ext. 2209 or dferguson @clarington.net Attachments: Attachment 1 - Bid Tabulation Attachment 2 — Recommendation Memo from Engineering Services 14 -38 .a Municipality of Clarington Report PS- 017 -14 Municipality Of Clarington Bid Summary 11RITIOCa' N + I EW111 Osborne Road and Energy Drive Surface Works Page 5 Attachment 1 Bidder Total Bid (including HST) Total Bid (Net HST Rebate) Ashland Paving Ltd. $823,257.99 $741,369.32 Coco Paving Inc. $975,184.50 $ 878,183.85 Brennan Paving & Construction Ltd. $1,125,844.09 $ 1,013,857.48 14 -39 Attachment 2 Leaditzg the Way WON TO: David Ferguson, Purchasing Manager Sandra McKee, Senior Buyer FROM: Ron Albright, Assistant Director, Engineering Services DATE: November 19, 2014 RE: Osborne Road and Energy Drive Surface Works, Courtice CL2014 -20 The Engineering Services Department has reviewed the submission for CL2014 -20, and we offer the following comments: The limits of the project are Osborne Road from South Service Road to Crago Road, Energy Drive from Osborne Road to the east limit and on the southeast and southwest curves of Crago Road in Courtice. The scope of work for this project includes the surface asphalt placement, sidewalk construction and streetlight installation on Osborne Road and Energy Drive, landscaping on Energy Drive and Traffic Management (road signs) for the curves on Crago Road. Based on past experience with this contractor, we recommend award of the contract to Ashland Paving Ltd. in the amount of $823,257.99 inclusive of HST, or $741,369.32 net of HST rebate. 14 -40 Osborne ;load and Energy Drive Surface Works, Courtice ()_2014 -20 2 November 19, 2014 Funding for the project will come from the accounts noted in the table below. .Construction Cost, Based on Low Bid (net of HST ) $ 741,369.32 Contingencies (net of HST) $ 32,322.23 Total Project Value $ 773,691.55 Budget Amount Osborne Road Surface Asphalt 110 -32- 330 - 83334 -7401 (2014) $115,000.00 Osborne Road Sidewalk 110 -32- 331 - 83334 -7401 (2013) $42,000.00 Osborne Road Street Lighting 110 -32 -324- 83334 -7401 (2013) $158,000.00 Energy Drive Surface Asphalt 110 -32- 330 - 83403 -7401 (2014) $120,000.00 Energy Drive Sidewalk 110 -32- 331 - 83403 -7401 (2013) $64,000.00 Energy Drive Streetscape 110 -32- 338 - 83403 -7401 (2013) $100,000.00 Energy Drive Street Lighting 110 -32- 324 - 83403 -7401 (2013) $175,000.00 Total Budget Amount $774,000.00 Estimated Unexpended Budget $308.45 Additional Funding Required $0.00 Engineering Services has reviewed the total project costs with the Finance Department and Finance has confirmed available funding. We recommend the report in support of the award move forward based on the above apportionments. Should you have any further questions, please feel free to contact the undersigned. Regards, Ron Albright, P. Eng. Assistant Director, Engineering Services pc: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services 14 -41 Osborne Road and Energy Drive Surface Works, Courtice CL2014 -20 3 November 19, 2014 1:v,liepattrnertl,��;?Pltai 1'l o;!i5\7.01- 11CSA.t ner:3Ygsbor» .1.GL.201�? 2{}1Co;r�spr3ncionce�li4emo to Purchasin„ re Tander Avderd C,L2014- 20_J.7borneRdErargyDrS uiiaceVtlori(s.doo 14 -42 n MEMO (iLeading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: June Gallagher, Deputy Clerk Date: December 5, 2014 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — DECEMBER 8, 2014 — UPDATE File: C05.GENERAL PURPOSE AND ADMINISTRATION The following changes have been made to Monday's Council Agenda. Please see the Final Consolidated Agenda attached. (Attachment#1) 13. MUNICIPAL CLERK'S DEPARTMENT Report CLD-025-114— Update a) CONFIDENTIAL Application received (late) from Ann Charmaine Dunn for the Durham Region Land Division Committee (distributed separately) June Gallag e , e uty Clerk JG/mc c: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 ATTACHMENT # '.I- TO UPDATE MEMO I ghim A L GENERAL PURPOSE AND ADMINISTRATION COMMITTEE AGENDA DATE: December 8, 2014 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS AUDIO RECORD: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation/presentation to a General Purpose and Administration Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of September 22, 2014 4-1 5. PUBLIC MEETINGS No Public Meetings 6. DELEGATIONS No Delegations 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT No Reports 9. ENGINEERING SERVICES DEPARTMENT No Reports CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 -G.P. &A. Agenda - 2 - December 8, 2014 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-025-14 Durham Land Division Committee Appointment 13-1 (b) CLD-026-14 Civil Marriage Ceremonies 13-4 (c) CLD-028-14 Accessibility Initiatives Undertaken for 2014 Municipal 13-10 Elections (d) CLD-029-14 Conservation Authority Appointments 13-33 (e) CLD-030-14 Veridian Appointments 13-36 (f) CLD-031-14 Clarington Animal Shelter Volunteer Program 13-64 14. CORPORATE SERVICES DEPARTMENT (a) COD-018-14 Contract Awards During Council Recess 14-1 15. FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS None G.P. &A. Agenda - 3 - December 8, 2014 19. OTHER BUSINESS (a) Appointment of Deputy Mayor (b) Designation of Members of Council as Department Chairs 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS No Reports 22. ADJOURNMENT