HomeMy WebLinkAbout09-26-2016Final
General Government Committee
Agenda
Date: September 26, 2016
Time: 9:30 AM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to
make arrangements for accessibility accommodations for persons attending, please
contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by
email at mchambers@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact
the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio Record: The Municipality of Clarington makes an audio record of General
Government Committee meetings. If you make a delegation or presentation at a
General Government Committee meeting, the Municipality will be audio recording you
and will make the recording public by publishing the recording on the Municipality’s
website.
Noon Recess: Please be advised that, as per the Municipality of Clarington’s
Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break,
unless otherwise determined by the Committee.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are
turned off or placed on non-audible mode during the meeting.
Copies of Reports are available at www.clarington.net
General Government Committee Agenda
Date: September 26, 2016
Time: 9:30 AM
Place: Council Chambers
Page 1
1 Call to Order
2 New Business – Introduction
3 Adopt the Agenda
4 Declaration of Interest
5 Announcements
6 Adoption of Minutes of Previous Meeting
6.1 Minutes of a Regular Meeting of September 6, 2016 Page 5
7 Delegations
7.1 Cameron Mountenay Regarding Report EGD-036-16, Mill Street South Pedestrian
Facility
8 Communications - Receive for Information
8.1 Durham York
Energy Center
Dolly Goyette, Director, Central Region, Ministry of the
Environment and Climate Change – Response from the
Ministry of the Environment and Climate Change Regarding
Ambient Air Monitoring
Page 22
9 Communications – Direction
9.1 Bowmanville
BIA
Garth Gilpin, Sectretary-Treasurer, Bowmanville Business
Improvement Area Board of Management – Purchase of
Lamp Post Banners and the Installation and Removal of
Lighted Winter Snowflakes
(Motion for Approve)
Page 24
9.2 Lease
Extension
Deborah Allin Regarding a Request for a Lease Extension
Until October 31, 2018
(Motion to Refer to Staff)
Page 26
General Government Committee Agenda
Date: September 26, 2016
Time: 9:30 AM
Place: Council Chambers
Page 2
9.3 Pan Am and
Parapan Am
Games
Mary Masse, Clerk, Town of Lakeshore – Debt Incurred
from the 2015 Pan Am and Parapan Am Games
(Motion for Direction)
Page 27
9.4 Overdrive
Race and
Relay
Derrick McKay, President and Founder, Overdrive Race &
Relay Series – Request for Permission to Fly a CC-130
Hercules Over Canadian Tire Motorsport Park
(Motion for Direction)
Page 28
9.5 Composition of
Regional
Council
Debi A. Wilcox, Regional Clerk/Director of Legislative
Services, The Regional Municipality of Durham – By-law to
Change the Composition of Regional Council
(Motion for Direction)
Page 29
10 Presentations
10.1 Will McCrae, Partner, Senior Director, Infrastructure and Lisa Cullen, Senior Landscape
Architect, Landscape Architecture, Infrastructure, CIMA Regarding Report EGD-036-16,
Mill Street South Pedestrian Facility
11 Engineering Services Department
11.1 EGD-036-16 Mill Street South Pedestrian Facility Page 32
12 Operations Department
The Operations Department will make a presentation regarding Report OPD-008-16, Emerald
Ash Borer (EAB) Update
12.1 OPD-008-16 Emerald Ash Borer (EAB) Update Page 44
12.2 OPD-009-16 Outdoor Community Skating Rinks Page 47
12.3 OPD-010-16 Approval of Regional Municipality of Durham Owned
Property Located at 1998 Regional Road 57, in the
Municipality of Clarington, as the Preferred Site to
Establish a Municipal Hazardous and Special Waste
Facility
13 Emergency and Fire Services Department
No Reports
General Government Committee Agenda
Date: September 26, 2016
Time: 9:30 AM
Place: Council Chambers
Page 3
14 Community Services Department
No Reports
15 Municipal Clerk’s Department
15.1 CLD-022-16 Poundkeeper Services and Remuneration Page 53
15.2 CLD-029-16 Appointment of Municipal Ombudsman Services Page 57
16 Corporate Services Department
16.1 COD-019-16 By-law to Finalize the Fire Management Change in
OMERS
Page 80
16.2 COD-020-16 Bond Head Waterfront Park Page 88
17 Finance Department
17.1 FND-013-16 Financial Update as at June 30, 2016 Page 92
18 Solicitor’s Department
18.1 LGL-004-16 Kawartha Pine Ridge District School Board – Ontario
Street School Victoria St. (Unopened Road Allowance)
Page 106
18.2 LGL-005-16 Port Granby Confidentiality Agreement Page 117
19 Chief Administrative Office
No Reports
20 New Business - Consideration
21 Unfinished Business
None
22 Confidential Reports
No Reports
23 Adjournment
General Government Committee
Minutes
September 6, 2016
- 1 -
Minutes of a meeting of the General Government Committee held on Tuesday,
September 6, 2016 at 9:30 AM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper,
Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo
Staff Present: F. Wu, R. Albright, A. Allison, J. Caruana, F. Horvath, M. Marano,
N. Taylor, G. Weir, J. Gallagher, M. Chambers
1 Call to Order
Mayor Foster called the meeting to order at 9:30 AM.
2 New Business – Introduction
Councillor Woo added a New Business item, regarding a municipal household
hazardous waste facility, to the New Business – Consideration section of the Agenda.
Councillor Neal added a New Business item, regarding electronic devices, to the New
Business – Consideration section of the Agenda.
Councillor Partner added a New Business item, regarding balloon releases, to the New
Business – Consideration section of the Agenda.
Councillor Trail added a New Business item, regarding a monarch butterfly program, to
the New Business – Consideration section of the Agenda.
3 Adopt the Agenda
Resolution #GG-428-16
Moved by Councillor Woo, seconded by Councillor Cooke
That the Agenda for the General Government Committee meeting of September 6,
2016, be adopted as presented, with the addition of the following new business items:
•Municipal household hazardous waste facility
•Electronic devices
•Balloon releases
•Monarch butterfly program
Carried
4 Declaration of Interest
There were no declarations of interest stated at this meeting.
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Minutes
September 6, 2016
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5 Announcements
Members of Council announced upcoming community events and matters of community
interest.
6 Adoption of Minutes of Previous Meeting
Resolution #GG-429-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the minutes of the regular meeting of the General Government Committee meeting
held on June 20, 2016 to June 22, 2016, be approved.
Carried
Resolution #GG-430-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the minutes of the special meeting of the General Government Committee meeting
held on June 27, 2016, be approved.
Carried
7 Delegations
7.1 Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an
Economic Development Update
Sheila Hall, Executive Director, Clarington Board of Trade (CBOT), was present to
provide an Economic Development Update. She made a verbal presentation to
accompany an electronic presentation and a handout. Ms. Hall provided an economic
and lead snapshot for 2016, and reviewed the recent activity of the CBOT. She noted
that Black and McDonald now have offices located in Clarington’s Energy Park. Ms.
Hall added that the Darlington Nuclear refurbishment is scheduled to begin in October,
2016. She provided a list of the companies that have moved into Clarington as a result
of working with the CBOT. Ms. Hall reviewed the 2016 lead trends and noted the top
industries in Clarington. She provided an update on the special projects of the CBOT.
Ms. Hall provided an update on the Business Retention and Expansion Project Survey.
She provided an overview of the statistics of the project which included business
climate, business information, workforce, future, community development, the
downtown area, and the next steps. She concluded her presentation by thanking the
Committee and offered to answer any questions.
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Minutes
September 6, 2016
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Resolution #GG-431-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the delegation of Sheila Hall, Executive Director, Clarington Board of Trade,
regarding an Economic Development Update, be received with thanks.
Carried
7.2 Janet Lange, Janet Lange Art and Design, Regarding the Chalk It Up Festival
Janet Lange, Janet Lange Art and Design was present to address the Committee
regarding the Chalk it Up Event at Rotary Park on September 17, 2016. She made a
verbal presentation to accompany an electronic presentation. Ms. Lange provided
background information on the event. She provided an overview of who is involved and
details of the event. Ms. Lange added that the event includes local entertainment and
space for local vendors. She continued by explaining that Chalk Master Dave is
returning this year and she has been unable to receive funding to cover his fees or for
the fees for booking Rotary Park in Bowmanville. Ms. Lange added that she has
approached various businesses for funding or donations of materials and has not been
successful. She concluded by reviewing a short video of the Chalk It Up event from
2015. Ms. Lange thanked the Committee and asked for any assistance for funding the
event to assist with keeping the operating costs down.
Resolution #GG-432-16
Moved by Councillor Hooper, seconded by Councillor Traill
That the delegation of Janet Lange, Janet Lange Art and Design, be received with
thanks; and
That the Municipality of Clarington approve a grant for the 2016 Chalk it Up Event in the
amount of $1,000.00.
Motion Lost
Later in the meeting
Suspend the Rules
Resolution #GG-433-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the Rules of Procedure be suspended to allow Members of Committee to speak to
the matter of the foregoing Resolution #GG-432-16 a second time.
Carried
The foregoing Resolution #GG-432-16 was then put to a vote and lost.
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Minutes
September 6, 2016
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Resolution #GG-434-16
Moved by Councillor Neal, seconded by Councillor Partner
That the delegation of Janet Lange, Janet Lange Art and Design regarding the Chalk It
Up Festival, be received with thanks.
Carried
Recess
Resolution #GG-435-16
Moved by Councillor Partner, seconded by Councillor Traill
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 10:41 AM with Mayor Foster in the Chair.
8 Communications - Receive for Information
8.1 Minutes of Tyrone Community Centre dated June 5, 2016
8.2 Minutes of the Newcastle Community Hall Board dated May 17, 2016
8.3 Minutes of the Ganaraska Region Conservation Authority dated June 16,
2016
8.4 Minutes of the Central Lake Ontario Conservation Authority dated June 21,
2016
8.5 Minutes of the Clarington Museums and Archives Board dated July 5, 2016
and July 27, 2016
8.6 Melodee Smart, Administrative Assistant, Works Department, The Regional
Municipality of Durham – Durham/York Energy Centre REVISED Ambient Air
Monitoring 2016, 1st Quarterly Report (January to March 2016) and March
and April 2016 Complaint and Inquiry Logs
8.7 Debbie Shields, City Clerk, City of Pickering – Notice of Motion Regarding
Residential Tax Relief to Eligible Low Income Seniors and Low Income
Disabled Persons
8.8 Laura Vaillancourt, OP Executive Director – 24th World Operalia Competition
with Placido Domingo and Marco Parisotto
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September 6, 2016
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8.9 Kathryn Shaver, Vice-President, APM Engagement and Site Selection,
Nuclear Waste Management Organization – Implementing Adaptive Phased
Management 2017 to 2021
8.10 Ontario 150 Program – Ontario 150: Apply for Funding
8.11 Melodee Smart, Administrative Assistant, Works Department, The Regional
Municipality of Durham – Durham/York Energy Centre Ambient Air
Monitoring 2016, 2nd Quarterly Report (April to June 2016)
8.12 Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of
Ajax – Ontario Council of Agencies Servicing Immigrants “For All”
Campaign
Resolution #GG-436-16
Moved by Councillor Woo, seconded by Councillor Cooke
That the Communication Items 8.1 to 8.12 be received for information, with the
exception of Correspondence Item 8.5.
Carried
Closed Session
Resolution #GG-437-16
Moved by Councillor Cooke, 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 personal matters about an identifiable individual,
including municipal or local board employees; and
• a matter that deals with labour relations or employee negotiations
Carried
Councillor Traill returned to the meeting.
Recess
The Committee recessed at 12:00 PM for their one hour scheduled break as per the
Procedural By-law.
The meeting reconvened at 1:00 PM and Committee continued with the Closed
Session.
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Minutes
September 6, 2016
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Rise and Report
The meeting resumed in open session at 1:26 PM 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 four resolutions were passed on a
procedural matter.
Resolution #GG-438-16
Moved by Councillor Traill, seconded by Councillor Partner
That the minutes of the Clarington Museums and Archives Board, dated July 5, 2016
and July 27, 2016, be received for information;
That Staff report back to the Council meeting of September 19, 2016 regarding possible
options of dealing with the Clarington Museums and Archives Board, including:
• Dissolution;
• Takeover by the Municipality of Clarington; and
• Any other recommendations by Staff, opening the financial records to the internal
auditor; and
That the Clarington Museums and Archives Board members and staff be directed to
provide access to financial records.
Motion Divided
Later in the meeting)
(See following motions)
Resolution #GG-439-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the foregoing Resolution #GG-438-16 be amended by adding the following at the
end:
“up until August 31, 2016.”
Motion Withdrawn
Resolution #GG-440-16
Moved by Councillor Neal, seconded by Councillor Hooper
That the foregoing Resolution #GG-438-16 be amended by adding the following at the
end:
“up until August 31, 2016.”
Carried
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General Government Committee
Minutes
September 6, 2016
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Resolution #GG-441-16
Moved by Councillor Neal, seconded by Councillor Woo
That the foregoing Resolution #GG-438-16 be divided to consider paragraph two
separately.
Carried
Resolution #GG-442-16
That the minutes of the Clarington Museums and Archives Board, dated July 5, 2016
and July 27, 2016, be received for information;
That the Clarington Museums and Archives Board members and staff be directed to
provide access to financial records up until August 31, 2016.
Carried
Resolution #GG-443-16
That Staff report back to the Council meeting of September 19, 2016 regarding possible
options of dealing with the Clarington Museums and Archives Board, including:
• Dissolution;
• Takeover by the Municipality of Clarington; and
• Any other recommendations by Staff, opening the financial records to the internal
auditor.
Carried
9 Communications – Direction
9.1 Lion Jim Rohrbach, PDG, MD “A” Centennial Coordinator, Lions
International –Request for Flag Raising for the 100th Anniversary of Service
to Humanity
Resolution #GG-444-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That raising of the Lions Club International flag on a date to be determined in 2017, be
approved.
Carried
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General Government Committee
Minutes
September 6, 2016
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9.2 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, The Regional
Municipality of Durham – Provincial Update of the Long Term Affordable
Housing Strategy and Bill 204 – Promoting Affordable Housing Act
Resolution #GG-445-16
Moved by Councillor Neal, seconded by Councillor Traill
That the following Regional Municipality of Durham resolution, regarding Ontario
Climate Change Action Plan, be endorsed by the Municipality of Clarington:
That the Minister of Municipal Affairs & Housing be advised of the following
recommendations in regard to the implementation of the update to the provincial
Long-Term Affordable Housing Strategy and Bill 204 – Promoting Affordable
Housing Act, 2016:
A) That since there is no sustainable funding commitment to invest in the
repair and regeneration of the existing housing supply or to support
new construction, the Province be requested to provide ongoing
long-term funding to ensure sustainability of the social housing
portfolio;
B) That the exemption of second units in new homes from Development
Charges (DCs) be voluntary given that DCs are the only fiscal tool
available to municipalities to recover growth-related capital costs;
C) That the development of regulations and requirements for inclusionary
zoning and municipal planning and finance system changes be
developed in consultation with municipalities;
D) That the following key issues and risks specific to “inclusionary
zoning”, detailed in section 9 of Report #2016-J-23, be endorsed as
Durham Region’s response to the Environmental Bill of Rights
Environmental Registry posting (EBR Posting 012-7616) for Schedule
4 of Bill 204 – Promoting Affordable Housing Act, 2016 – on
inclusionary zoning;
• A balance between municipal autonomy and Provincial direction is
essential to the provision of inclusionary zoning;
• The Province should not prescribe the mandatory enactment of a
by-law for inclusionary zoning by municipalities;
• Minimum standards for inclusionary zoning should be established
by the Province to ensure consistency;
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• The Province should establish processes and calculations, where
appropriate, that can be applied at a localized scale to ensure that
implementation and monitoring is undertaken in a consistent
manner;
• The Region supports the Provincial position that no one, other than
the Minister, may appeal specified decisions, by-laws and
conditions relating to policies that authorize inclusionary zoning to
the Ontario Municipal Board;
• Municipalities should be responsible for determining which
measures and/or incentives they may offer to support the provision
of affordable housing units through inclusionary zoning;
• Municipalities should be permitted to request the payment of funds
to municipalities in lieu of the provision of affordable housing units,
provided those funds are used towards the provision of affordable
housing elsewhere within that municipality, and municipalities
should also be permitted to authorize the construction of affordable
housing units on off-site land;
• Program targets, inclusion rates and “affordable units” should be
determined by the municipality based on housing priorities already
identified in local housing and homelessness plans (i.e. At Home in
Durham);
• The Province should consider reviewing the Provincial Policy
Statement (PPS) definition of “affordable” housing to include a
deeper “core need” threshold for both ownership and rental
housing; and
• The Province should consider a role for service managers in the
delivery and/or monitoring of inclusionary zoning for affordable
housing units. These considerations should be made without
mandating new unfunded responsibilities to the Region;
E) That the Province amend the Municipal Act, regarding Municipal
Capital Facilities, so as to require each level of municipal government
to directly consider such requests for exemptions rather than allow
either level to have the power to exempt selected properties from
upper-tier and lower-tier fees, development charges and property
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September 6, 2016
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F) That given that the Housing Services Act, 2011 (HSA) already
contains safeguards for housing providers, who have recourse to
Regional Council, judicial review and the Ontario Ombudsman, the
Province defer regulation changes regarding service manager
decisions until it has completed its legislatively required review of the
enforcement provisions in the HSA to determine if they are reasonable
or if the current provision requiring a review process should be struck
from the HSA;
G) That in the long-term, consideration be given to eliminating service
level standards in favour of measuring service managers’ performance
in relation to progress under their local housing and homelessness
plans;
H) That the Province be encouraged to continue to modernize the current
patchwork of social housing and affordable housing in consultation
with service managers, including issues such as declining federal
funding and end of operating agreement obligations for service
managers who are required to provide legislated service level
standards; and
I) That a copy of Commissioners’ Report #2016-J-23 be forwarded to the
Minister of Municipal Affairs and Housing and the area municipalities.
Carried
9.3 Derrick McKay, President and Founder, Overdrive Race & Relay Series –
Request for Permission to Fly a CF-18 Hornet Over Canadian Tire Motorsport
Park
Resolution #GG-446-16
Moved by Councillor Partner, seconded by Councillor Woo
That the request from Derrick McKay, Overdrive Race & Relay Series, to approve the fly
over of a CF-18 Hornet at Canadian Motorsport Park on October 30, 2016, be denied.
Carried
9.4 Jillene Bellchamber-Glazier, County Clerk, Corporation of the County of
Perth – Ontario Climate Change Action Plan
Resolution #GG-447-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Communication Item 9.4 from Jillene Bellchamber-Glazier, County Clerk,
Corporation of the County of Perth regarding the Ontario Climate Change Action Plan,
be received for information.
Motion Lost
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General Government Committee
Minutes
September 6, 2016
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Resolution #GG-448-16
Moved by Councillor Traill, seconded by Councillor Hooper
That the following Corporation of the County of Perth resolution, regarding Ontario
Climate Change Action Plan, be endorsed by the Municipality of Clarington:
Whereas, the Ontario Provincial Government recently released a five-year
Climate Change Action Plan for 2016-2020 which includes a strategy for
reducing greenhouse gases and moving to a low-carbon economy;
And Whereas, the Ministry of Energy has identified the need for a balanced mix
of clean energy sources, including natural gas, to meet the demand for electricity;
And Whereas the Premier has acknowledged by her remarks at the 2015
OGRA/ROMA conference that “limited access to natural gas is acting as a barrier
to growth in too many rural municipalities’;
And Whereas, the identified actions in the province’s Climate Change Action
Plan include a “cap” to limit emissions from natural gas distribution;
And Whereas, Southwestern Ontario is one of Ontario and Canada’s most
productive agricultural regions;
And Whereas, the production of affordable food from rural Ontario benefits all
Ontarians;
And Whereas, access to reliable, affordable energy, including natural gas, is vital
for the Ontario agri-food sector and rural communities;
And Whereas, the availability of natural gas is recognized in Ontario as a key
component to economic development growth and retention;
And Whereas, municipal governments adopt policies to support the protection,
preservation, enhancement and improvement of the natural environment;
Now, Therefore, Be It Resolved That the County of Perth requests:
1. That the Ontario government commit to consultations with rural Ontario
municipalities, residents, and businesses regarding the design and
implementation of the government’s Climate Change Action Plan; and
2. That the Premier remain committed to a provincial government that puts
a rural lens on its decision-making, and ensure the expansion of natural
gas to rural municipalities within the Climate Change Action Plan; and
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3. That the Ontario government outline in detail how it will financially assist
rural Ontario municipalities, residents, and businesses in order to
transition to meet provincial targets for reducing greenhouse gases;
4. And That this resolution be provided to the Honourable Kathleen
Wynne, Premier of Ontario, the Honourable Glen Murray, Minister of
Environment and Climate Change, the Honourable Jeff Leal, Minister of
Agriculture, Food and Rural Affairs, the Honourable Glenn Thibeault,
Minister of Energy, Mr. Randy Pettapiece, MPP Perth-Wellington, the
Association of Municipalities of Ontario, the Rural Ontario Municipalities
Association, the Western Ontario Warden’s Caucus and all Ontario
municipalities.
Carried
9.5 Mary Medeiros, Acting City Clerk, The Corporation of the City of Oshawa –
Seniors Protection and Care
Resolution #GG-449-16
Moved by Councillor Woo, seconded by Councillor Traill
That Correspondence Item 9.5 from Mary Medeiros, Acting City Clerk, The Corporation
of the City of Oshawa regarding seniors protection and care, be endorsed by the
Municipality of Clarington.
Motion Lost
Resolution #GG-450-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Correspondence Item 9.5 from Mary Medeiros, Acting City Clerk, The Corporation
of the City of Oshawa regarding seniors protection and care, be received for
information.
Carried
10 Presentations
No Presentations
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September 6, 2016
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Councillor Neal chaired this portion of the meeting.
11 Engineering Services Department
11.1 EGD-035-16 Report on Building Permit Activity for April, May, and June
2016
Resolution #GG-451-16
Moved by Councillor Cooke, seconded by Councillor Hooper
That Report EGD-035-16 be received for information.
Carried
Ron Albright, Assistant Director of Engineering noted that he would be distributing
replacement pages for Pages 4 of Report EGD-035-16, Monthly Report on Building
Permit Activity for April, May, and June, 2016 requiring some slight corrections.
Councillor Partner chaired this portion of the meeting.
12 Operations Department
12.1 OPD-007-16 Revision Cemetery Tariff of Rates
Resolution #GG-452-16
Moved by Councillor Cooke, seconded by Councillor Woo
That Report OPD-007-16 be received; and
That the revised Schedule A, Cemeteries – Tariff of Rates (Attachment #1; #2; #3 and
#4 to Report OPD-007-16), be approved.
Carried
13 Emergency and Fire Services Department
No Reports for this section of the Agenda.
14 Community Services Department
No Reports for this section of the Agenda.
Councillor Traill chaired this portion of the meeting.
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15 Municipal Clerk’s Department
15.1 CLD-026-16 Job Description and Appointment of Interim Chief
Administrative Officer
Resolution #GG-453-16
Moved by Mayor Foster, seconded by Councillor Hooper
That Report CLD-026-16 be received;
That the amending By-law attached to Report CLD-026-16 as Attachment 1, being a
bylaw to establish the position and to define the duties and responsibilities of the Chief
Administrative Officer, be approved;
That the By-law attached to Report CLD-026-16 as Attachment 2, being a by-law to
appoint Mr. Curry Clifford as the Interim Chief Administrative Officer, be approved; and
That all interested parties listed in Report CLD-026-16 and any delegations be advised
of Council's decision by the Department.
Carried
15.2 CLD-027-16 Appointment to the Newcastle Arena Board
Resolution #GG-454-16
Moved by Councillor Partner, seconded by Councillor Woo
That Report CLD-027-16 be received;
That Gord Blaker be thanked for his contribution to the Newcastle Arena Board;
That the Municipal Clerk’s Department be directed to re-advertise for the vacancy on
the Newcastle Arena Board; and
That all interested parties listed in Report CLD-027-16 and any delegations be advised
of Council's decision.
Carried
Mayor Foster chaired this portion of the meeting.
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September 6, 2016
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16 Corporate Services Department
16.1 COD-018-16 Contract Awards During Council Recess
Resolution #GG-455-16
Moved by Councillor Hooper, seconded by Councillor Cooke
That Report COD-018-16 be received for information.
Carried
17 Finance Department
No Reports for this section of the Agenda.
18 Solicitor’s Department
No Reports for this section of the Agenda.
19 Chief Administrative Office
No Reports for this section of the Agenda.
20 New Business – Consideration
20.1 Municipal Household Hazardous Waste Facility
Resolution #GG-456-16
Moved by Councillor Woo, seconded by Councillor Hooper
That Clarington Council ask the Region of Durham to table the matter of the location of
a new Household Hazardous Waste site in Clarington until the next Regional Committee
of the Whole meeting.
Carried
20.2 Electronic Devices
Resolution #GG-457-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the procedural by-law be amended such that portable electronic devices be
permitted in Council chambers, provided that Councillors shall not email, BBM, or text
each other during meetings, nor use the phone portion of the device while Council in in
session.
Carried
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20.3 Monarch Butterfly Pledge Program
Resolution #GG-458-16
Moved by Councillor Traill, seconded by Councillor Neal
That the Mayor sign the Mayor Monarch Butterfly pledge program; and
That the matter be referred to the Samuel Wilmot Nature Area Management Advisory
Committee.
Carried
20.4 Balloon Releases
Resolution #GG-459-16
Moved by Councillor Partner, seconded by Councillor Traill
That the large-scale release of non-biodegradable balloons not be allowed within the
Municipality of Clarington as they are not environmentally safe.
Motion Referred
Resolution #GG-460-16
Moved by Councillor Neal, seconded by Councillor Woo
That the matter of balloon releases be referred to staff to report back to the October 17,
2016 General Government Committee meeting on the implementation of the motion.
Carried
21 Unfinished Business
21.1 CLD-024-16 Appointment to the Clarington Museums and Archives Board
[Tabled from the June 20, 2106 to June 22, 2016 General Government
Committee Meeting]
Resolution #GG-461-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Report CLD-026-16, regarding the Appointment to the Clarington Museums and
Archives Board be lifted from the table.
Carried
20
General Government Committee
Minutes
September 6, 2016
- 17 -
Resolution #GG-462-16
Moved by Councillor Neal seconded by Councillor Cooke
That Report CLD-024-16, Appointment to the Clarington Museums and Archives Board,
be tabled until the Council meeting of September 19, 2016.
Carried
22 Confidential Reports
There were no items considered under this section of the Agenda.
23 Adjournment
Members of the Committee took time to wish Frank Wu, CAO, well with his retirement
and to thank him for his many years of service.
Resolution #GG-463-16
Moved by Councillor Partner, seconded by Councillor Traill
That the meeting adjourn at 3:34 PM.
Carried
_____________________ _______________
Mayor Deputy Clerk
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Report
Engineering Services
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To:General Government Committee
Date of Meeting: September 26, 2016
Report Number: EGD-036-16 Resolution:
File Number:By-law Number:
Report Subject: Mill Street South Pedestrian Facility
Recommendations:
1.That Report EGD-036-16 be received;
2.That a 1.5-metre-wide pedestrian facility be constructed on the west side of Mill Street
South, as detailed in this report;
3.That traffic calming measures and road safety improvements be implemented as noted in
Section 1.3 of this report;
4.That additional funding in the amount of $320,000 for these improvements be included in
the 2017 Capital Budget;
5.That staff budget approximately $5,250 annually for snow clearing on Mill Street South; and
6.That all interested parties listed in Report EGD-036-16 and any delegations be advised of
Council’s decision.
32
Municipality of Clarington
Report EGD-036-16 Page 2
Report Overview
Public Information Centres (PIC’s) held on November 19, 2014, and November 12, 2015,
obtained input from residents for proposed improvements to the local transportation network in
Bond Head for drivers, cyclists and pedestrians using Mill Street South, as well as the
proposed future expansion of Bond Head Waterfront Park. Subsequent to the November 12,
2015, PIC, Option 2 was recommended to Council in Report EGD-010-15:A multi-use trail on
the west side of Mill Street South from Metcalf Street to Boulton Street.
Additional information on construction around mature trees, permeable surfaces and next
steps for the project was presented to the public at a third PIC on March 7, 2016. Staff also
recommended a modified version of Option 2, to be constructed in two phases with Phase 1 to
include the construction of a 1.5-metre-wide pedestrian facility on the west side of Mill Street
South and Phase 2 to include widening of Mill Street South by 2.0 metres on each side to
accommodate bike lanes. Engineering staff proposed Phase 1 of the transportation
improvements be considered as part of the 2016 Capital Budget, and deferred Phase 2 to
future budget allocations.
Based on public comments received at and subsequent to the third PIC, and Council direction
under Resolution #C175-16, Engineering was authorized to proceed with detailed design of
Phase 1: integrate a permeable surface into the 1.5-metre-wide pedestrian facility on the west
side of Mill Street and provide special consideration for comprehensive tree preservation on
the previously proposed pedestrian facility.
A fourth PIC was held on August 25, 2016, to present the detailed design and safety review
conducted by Municipal Staff and CIMA+, Clarington’s consultant, to help residents understand
the reasoning behind the design. This report provides analysis of public response and
recommendations for proceeding with the detailed design of the Mill Street South pedestrian
facility, as presented, with additional, specific requests from resident incorporated into the
design where appropriate.
Background
1.1. Project Chronology
2006 Municipality began monitoring speeds on Mill Street South, initiated by speed
complaints received from Clarington residents
2011 July 29 – Motor vehicle accident involving a pedestrian occurs on Mill Street
South
33
Municipality of Clarington
Report EGD-036-16 Page 3
2014 June 22 – Miovision™ installed at south end of Mill Street South – the results
helped the Engineering Department to recognize that access to the park would
need to be improved
2014 November 19 – PIC #1: 3 concept options for a multi-use trail were presented
for public input
2015 May 25 – Report EGD-010-15 goes to Council
2015 November 12 – PIC #2 – based on public input and further analysis, preferred
option was developed and presented to public
2016 February 16 – EGD-008-16 goes to Council
2016 March 29 – Presentation to General Government Committee
2016 March 7 – PIC #3: Additional information on construction around mature trees,
permeable surfaces, next steps for the project was presented to the public
2016 April – Resolution GG-181-16: Transportation Improvements deferred until
CTMP is released.
2016 July 7 – Resolution #C175-16 – proceed with detailed design of 1.5-metre
permeable path on the west side of Mill Street South
2016 August – Tree Inventory and Assessment and safety review conducted for Mill
Street South from Port of Newcastle Road to Boulton Street
2016 August 25 – PIC #4
1.2. PIC #4 Structure and Overview
The purpose and structure of the meeting was shared with those in attendance along with
Council’s specific direction with regard to Council resolution #C175-16, a general discussion of
the project background and a review of public input received to date.
A recommended design was presented and attendees were made aware that the design is an
evolution of previous designs as well from ongoing public input. Assurances were made that
Council and staff have been listening and responding appropriately, that the proposed design
reflects a balance of needs and desires brought forth by the public and that it is supported
through the following additional studies provided by CIMA+ for the project:
A detailed tree inventory and assessment as well as an investigation of topsoil depth
and tree root location, providing recommendations to preserve the health of the existing,
mature tree canopy through species diversity, age distribution, overall tree health
considerations and a low impact construction approach.
A traffic safety review for Mill Street South from Port of Newcastle Road to Boulton
Street that provided design recommendations supporting local, provincial and industry
standards and addressing recorded safety concerns experienced by roadway users.
34
Municipality of Clarington
Report EGD-036-16 Page 4
1.3. PIC #4 – Summary of the Presented Design
Based on the foregoing, the following design elements and considerations have been
addressed in the presented design:
Rural character and waterfront heritage value
There is a clear consensus that the existing tree canopy and rural character of Mill Street
South be preserved wherever possible.
In this respect, the proposed design improves on alternatives investigated at previous PICs by
providing the least invasive solution that still addresses identified public safety concerns and
requirements. One of the chief characteristics of the design is that it maintains public
enjoyment of the valuable cultural and heritage resources available to pedestrian facility users
on Mill Street South as it approaches the Bond Head Waterfront Park.
Pedestrian facility (proposed ultimate works)
Based on applicable standards, CIMA+’s traffic safety experts have confirmed the need for a
pedestrian facility that is separate from the road.
The responsibility to reasonably apply these standards within existing physical constraints
provided by the project site is a municipal concern. The proposed design has balanced this
concern carefully with public input provided for the project and offers a pragmatic and effective
solution that will stand the test of time. Highlights of the design include:
Keeping the pedestrian facility as close to the existing ground elevation as possible to
minimize impacts to trees and vary the horizontal geometry (deviate from the straight-
line path) to move the pedestrian facility as far away as possible from homes built close
to the roadway, avoid impacts to significant trees, and avoid costly utility relocations.
This will support the perception that the pedestrian facility is mimicking a natural rural
path, built around existing trees and obstacles, rather than a linear urban sidewalk.
Integration of a course aggregate asphalt is recommended and can be permeable or
not; however, given public opinion, it is suggested that available funds be spent on
construction techniques to minimize impact to tree roots (vacuum excavation, high
performance bedding) rather than the premium for permeable asphalt which will have
minimal benefit given the surrounding environment and may require deeper excavation.
Curb will be required where the sidewalk is adjacent to the roadway. Barrier curb will be
used rather than curb and gutter as it has a reduced visual impact (narrower profile) and
can be coloured to create better visual awareness for drivers, warning them of the
proximity of pedestrian traffic to the roadway.
35
Municipality of Clarington
Report EGD-036-16 Page 5
A boardwalk has been recommended at the south limit with a potential viewing platform.
The purpose of this construction choice is to accommodate constraints imposed by the
width of the right-of-way, but will also serve to enhance the rural feel of the pedestrian
facility and provide pedestrians with an opportunity to pause and enjoy the waterfront
view from the vantage point of a scenic lookout.
It is noted that the proposed design does not fully comply with applicable safety standards
where surface elevation of the pedestrian facility is significantly lower and in close proximity to
the adjacent roadway. The issue is that stopping distance for a vehicle that loses control and
leaves the roadway is increased when moving down a slope. As a guideline, exceeding the
standard is allowable if reasonable precautions are made to counteract the resulting effect. In
this case, reducing the roadway speed to 40 km/h will provide an alternate method of reducing
stopping distance in such an event.
Traffic calming and roadway safety improvements
The safety review also took a careful look at appropriate traffic calming measures that could
feasibly be implemented for the project and in the process examined existing Phase 2
recommendations to widen Mill Street South by 2.0 metres on each side to accommodate bike
lanes. The report found that, the following measures would achieve the same safety objectives
as Phase 2 works:
Construct speed tables at Metcalf and Queen Victoria Streets and provide a stop
condition at Boulton Street. Speed tables are raised asphalt platforms that provide a
less jarring form of speed control that generates less environmental noise (i.e.,
suspension and shifting load noise produced by cargo vehicles) when compared to
speed bumps or speed humps.
Drop the speed limit to 40 km/h and install “Share the Roadway” signage and paint
markings for motorists and cyclists. These measures are key in mitigating safety
concerns for cyclists and motorists as well as pedestrians in the event of vehicle loss of
control.
Extend guiderail at the northerly end where the roadway is adjacent to the creek
Removal of Phase 2 works from the project
Given the preceding, Phase 2 works will no longer be necessary if traffic calming and roadway
safety improvements recommended in CIMA+’s safety review are implemented with
construction of the proposed, modified pedestrian facility (Ultimate Design).
36
Municipality of Clarington
Report EGD-036-16 Page 6
There are several significant benefits to this:
Proposed Phase 2 works have been an ongoing source of public opposition. It is
expected that removal would assist in mitigating public concern over the project by
addressing safety concerns while retaining Mill Street South’s rural character and
helping to preserve the existing mature tree canopy.
Elimination of Phase 2 works represents an environmentally low impact solution.
Design and construction costs will be significantly reduced if Phase 2 is not
implemented, though modifications based on recommendations in the safety review and
this report will incur some additional cost to the original proposed Phase 1 works, as
follows:
Proposed Works Estimate
Phase 1 (original) $ 430,000
Phase 2 (original) $ 730,000
Total original cost $1,160,000
Ultimate Design (modified
Phase 1)
$ 750,000
Total savings $ 410,000
Impacts to specific properties
Through the public consultation process, design considerations specific to identified properties
have been implemented for following addresses:
628 Mill Street
620 Mill Street
608 Mill Street
612 Mill Street
592 Mill Street
590 Mill Street
568 Mill Street
Details of these requests are documented in the project files and have been approved by the
Engineering Department.
37
Municipality of Clarington
Report EGD-036-16 Page 7
Snow clearing
Clarington’s Consolidated Snow Clearing By-law 93-144 requires that residents keep
sidewalks fronting their property cleared of snow and ice. Implementation of a pedestrian
facility on the west side of Mill Street South will create a significant burden on affected
residents with regard to snow clearing.
This burden can be somewhat mitigated by Clarington’s Senior Citizens and the Physically
Disabled Snow Clearing Program which provides snow clearing in Clarington’s urban areas
and hamlets through the Operations Department, pending successful application and payment
of a nominal application fee. However, this program cannot consistently address all affected
residents whose frontages generally exceed 50 metres in length, and will not address the local
orchard properties with affected frontage exceeding 325 metres.
The preferred alternative would be to transfer responsibility for clearing snow on the proposed
pedestrian facility to the Municipality. There are several reasons to do this:
The Municipality is responsible for clearing municipal rights-of-way. There are six
municipal rights-of-way that cross the proposed pedestrian facility, as well as 146 m of
Clarington property at the north end and 70 m at the south end of the project. This
means that the Operations Department, as part of the Municipality’s responsibility would
clear snow on approximately 350 m (35%) of the facility’s total length. The Operations
Department has been consulted in preparing this report and has advised that winter
maintenance of this section of sidewalk is estimated at approximately $5,250 (2016
costs per year). The Operations Department also advised that they propose to carry
this item as a Priority “A” item in the 2017 Budget provided the project is approved,
because the new sidewalk will be a main pedestrian route to the waterfront.
There is some precedent for the Municipality to take over responsibility for clearing
snow from the pedestrian facility as Mill Street South is part of the Lake Ontario
Waterfront Trail system and if built would provide the only dedicated pedestrian facility
providing safe access to Lake Ontario at Bond Head while maintaining the unique
character along this section of the trail.
Given the preceding, having the Municipality responsible for clearing snow along the full length
of the pedestrian facility would benefit the area community, and would alleviate substantial
additional burden to the affected residents.
38
Municipality of Clarington
Report EGD-036-16 Page 8
1.4. PIC #4 – Analysis of Public Response
Thirty-six interested parties attended and signed the register at PIC #4. Twelve comment
sheets were submitted with a total of approximately thirty individual comments.
Councillors in attendance, municipal staff and members of CIMA+’s consulting team were
pleased with the outcome of this PIC. Despite earlier opposition, once the recommended
design was presented to those in attendance, the mood at PIC #4 became very positive. Many
complements were received from attendees and the overall impression was that the
recommended design had been well received.
Three of the twelve comment sheets submitted support this assessment and are summarized
below:
1. Very pleased with presented solution and support it fully, including the pedestrian
facility. Appreciate tree survey. Traffic calming measures are sensible.
2. Very pleased with presented solution including pedestrian facility and traffic calming.
Would prefer natural-looking materials for sidewalk and curb
3. Very pleased with presented solution, including conservation of trees, traffic calming
measures and pedestrian safety/facilities
The remaining nine comment sheets are summarized in the following table. A brief description
of corresponding mitigation measures supported by the recommended design is also provided.
Comment Summary Mitigation
Too close to tree
Leave as is
Put in stops signs and
crosswalks instead
Recommendations from the tree inventory and assessment
will protect existing trees from construction activities.
A stop condition will be introduced at the corner of Boulton
Street and Mill Street South.
In place of crosswalks, traffic calming measures will be
introduced at key intersections and a reduction in speed to
40 km/h will be implemented on Mill Street South.
Consider options including
stop signs and road control
or George Manners
alternative
A stop condition will be introduced at the corner of Boulton
Street and Mill Street South.
In place of crosswalks, traffic calming measures will be
introduced at key intersections and a reduction in speed to
40 km/h will be implemented on Mill Street South.
Alternative design options for a pedestrian facility were
considered and determined to be less effective overall due to
existing design constraints and value to the community.
39
Municipality of Clarington
Report EGD-036-16 Page 9
Comment Summary Mitigation
Plant mature trees.
Do not want to shovel
sidewalk.
Believe there are more than
60 pedestrians per day.
Black pavement is ugly.
A planting plan will be prepared and implemented to ensure
continued health of the existing tree canopy
It has been recommended that the Municipality of Clarington
take over responsibility for snow clearing along the
pedestrian facility
The pedestrian facility provides the safest alternative to
accommodate existing and future pedestrian traffic on Mill
Street South
Pavement alternatives will be investigated in final design
Do the right thing. Keep
your word.
The Municipality of Clarington will proceed with the
recommended design as the best fit solution for the needs of
local residents and the municipality at large
Like the traffic calming
bumps. Do not reduce
speed limit. Like small curb
and not opposed to asphalt.
Pleased with 2/3-way stop
at corner
To ensure effectiveness of traffic calming and other safety
elements associated with the design, a reduction in the
speed limit is necessary.
Barrier curb (small curb) will be implemented in the design
A stop condition will be introduced at the corner of Boulton
Street and Mill Street South.
Request sidewalk at edge
of road at 626 Mill Street
Design requests for individual properties will be
accommodated wherever possible.
No need for improvements.
Good as is.
The Municipality of Clarington will proceed with the
recommended design as the best fit solution for the needs of
local residents and the municipality at large
Approve of speed bumps.
No sidewalks.
The pedestrian facility provides the safest alternative to
accommodate existing and future pedestrian traffic on Mill
Street South
Want traffic calming but not
pedestrian facility, curbs,
traffic circles or treed
median.
Traffic calming will be implemented as per the recommended
design.
The pedestrian facility provides the safest alternative to
accommodate existing and future pedestrian traffic on Mill
Street South
Traffic circles and treed medians are not included in the
recommended design
Use of curbs will be limited to locations where they are
required for pedestrian safety
40
Municipality of Clarington
Report EGD-036-16 Page 10
Input Received Post PIC #4
One resident suggested an
alternative with a curb
down the entire length of
Mill St., on the west side
with sidewalk directly
behind.
Residents have stated that keeping the rural character of Mill
St. is a major concern. Keeping the path separate from the
road edge wherever possible allows us to preserve the
natural charm of Mill St.
The addition of curb to the street narrows the driving lane
width and may require us to widen the road
Widening of the road platform would complicate existing
drainage pattern for the road. The short sections of curb
proposed at the PIC do not have a significant impact on lane
width requirements
Road widening may necessitate the introduction of a local
storm sewer system and/or ditch
A curb the full length of the street would reduce the
effectiveness of the traffic calming measures we have
proposed
Existing underbrush along Mill St. is dominated by invasive,
exotic species that are competing with native herbaceous
species. We recommend removal of invasive species where
appropriate
Two residents suggested
that roundabouts be added
for traffic calming
The existing right-of-way is not wide enough to accommodate
a properly sized roundabout.
Private property would need to be purchased by the
Municipality
Other traffic calming measures are proposed to assist with
the safety improvements
Next Steps
Prior to implementation, the recommended design will require some refinement to
accommodate PIC #4 outcomes. These will include:
Refinement of the sidewalk alignment at specific locations to accommodate resident
requests
Associated streetscape design where sidewalk alignments have changed
Minor refinement of boardwalk and viewing platform area
Addition of recommended traffic calming measures and signage
41
Municipality of Clarington
Report EGD-036-16 Page 11
Proposal
Based on the preceding analysis and input from previous PICs conducted for this project, the
Engineering Department has concluded that the recommended design detailed in this report
provides a good balance between the various needs and desires of respondents while fulfilling
municipal responsibility to exercise its due diligence in implementing roadway and pedestrian
safety improvements outlined in the Mill Street South safety review.
Implementation of the proposed design will require:
1. Construction of a pedestrian facility on Mill Street South as presented at PIC #4, with
minor modifications to the final design as discussed in Section 1.4 and Section 2 of this
report
2. Implementation of traffic calming measures and road safety improvements as noted in
Section 1.3 of this report
3. Budgeting approximately $5,250 annually for snow clearing.
Concurrence
Not applicable.
Conclusion
It is respectfully recommended that Council endorse the recommendations provided in this
report and direct staff to proceed with implementation of the proposed design as detailed in
this report.
Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
Anthony S. Cannella, C.E.T. Curry Clifford, MPA, CMO
Director of Engineering Services Interim CAO
Staff Contact: Karen Richardson, Capital Works Engineer, krichardson@clarington.net, Ext.
2327,
42
Municipality of Clarington
Report EGD-036-16 Page 12
Attachments:
N/A
List of interested parties to be notified of Council's decision is on file in the Engineering
Services Department.
ASC/RA/kr/jb
43
Operations Department
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 Government Committee
Date of Meeting: September 26, 2016
Report Number: OPD-008-16
File Number:By-law Number:
Report Subject: Emerald Ash Borer (EAB) Update
Recommendations:
1.That Report OPD-008-16 be received for information;
44
Municipality of Clarington
Report OPD-008-16 Page 2
Report Overview The purpose of this report is to provide Council with an update
on the Emerald Ash Borer (EAB) Beetle infestation. The report will outline the status of
removals to date and a time line for the remaining removals and replacements of all Ash
trees infested with EAB on Municipal property.
1. Background
The 2013 tree inventory completed in the urban areas of Clarington indicated there
were 2,466 Ash trees. Attachment #1 show the locations of all boulevard ash trees,
and removals and replacements to date.
Since that time there has been four types of removals of Ash from the boulevards
1. The Ice storm of 2013 accounted for 242 Ash tree removals and all trees were
replaced, which reduced the number of Ash to 2224.
2. Approval was given in 2014 through a contract to remove an additional 237
boulevard Ash trees, and all trees were replaced, which reduced the number of
remaining Ash to 1987.
3. Approval was also provided for a contract in 2015/16 to remove and stump an
additional 205 boulevard trees (and 618 in greenspaces due to close proximity to
private properties) but these have not been replaced reducing the number of Ash to
1782.
4. Municipal staff have also been removing infested trees. Staff leave a notice
including a tree selection (attachment #2) and have removed 203 additional Ash
trees, reducing the number of Ash to 1579.
Note that the tree inventory number does not include trees on rural roads, Parks
and greenspaces, and have not had exact numbers determined. Due to the fact
that removals in many of these areas will require specialized training for removal
due to potential damage to private property and the requirement for climbing these
would have to be contracted out in the next two years. The effect on Ash trees that
die due to EAB infestation are that they become extremely brittle and require quick
removal to avoid the risk of failure.
1.2 Removals
With the current rate of removals it is estimated that staff will be able to remove an
additional 300 trees this year, bringing the total down to less than 1300 remaining
Ash trees on residential boulevards. Based on existing resources, and current
budget allocation, staff will be able to remove the remaining affected boulevard
trees by mid-2019. Following the removals on boulevards, removals will take place
in Parks, greenspaces, and rural roads, subject to Council direction in the Budget.
45
Municipality of Clarington
Report OPD-008-16 Page 3
Removals will be done in the following order;
2016 to 2017: south of Highway 2 in Courtice
2017: north of Highway 2 in Courtice
2018: Bowmanville south of Highway 2 then north of Highway 2
2019: Newcastle and hamlets
It is estimated that approx. 10% of the 100 remaining Ash trees on residential
boulevards will require a contractor with specialized training in hazard tree removal
or working near energized conductors. Municipal crews have concentrated on
removals in the west end of Clarington first due to the large amount of Ash tree
concentration and because this was the first area to fail due to the effects of the
insect. However if larger Ash trees in other areas of Clarington become safety
hazards, staff may have to attend to them on a priority basis. It is estimated that
staff have investigated 500 Ash tree concerns from residents over the past 7
months.
1.3 Replacement and stumping program
The next phase of the replacement program will begin this fall. Based on current
budget allocation, approximately 350 trees will be replaced. The replacement
program will continue based on resources available annually until all Ash trees are
replaced by the end of 2020 in the following order similar to the removal program;
2017: south of Highway 2 in Courtice
2018: north of Highway 2 in Courtice
2019: Bowmanville
2020: Newcastle and hamlets
1.4 Normal Forestry Activities
Due to fact that Municipal resources are concentrating on the removal of ash trees,
Operations staff will not be able to respond to less critical forestry tree requests
such as block pruning, horticultural bed maintenance and greenspace tree
maintenance. Only emergency and safety requests will be completed on a priority
basis
2. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Frederick J. Horvath Curry Clifford, MPA, CMO
B.A., R.D.M.R., R.R.F.A. Interim CAO
Director of Operations
Staff Contact: Robert Genosko, 905-263-2291 ext. 531
There are no interested parties to be notified of Council’s decision.
46
Operations Department
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To:General Government Committee
Date of Meeting: September 26, 2016
Report Number: OPD-009-16 Resolution:
File Number:By-law Number:
Report Subject: Outdoor Community Skating Rinks
Recommendations:
1.That Report OPD-009-16 be received for information;
2.That staff of the Operations Department be requested to formalize an outdoor community
skating rink standard operating procedure prior to this winter that will outline the application
and approval process for volunteers, staff responsibilities, volunteer responsibilities,
equipment to be supplied by the municipality and guidelines affecting liability and usage;
and
3.That staff include in the 2017 current budget submission an allocation of $1,500.00 for the
set-up of one volunteer based community skating rink.
47
Municipality of Clarington Report OPD-009-16
Report Overview
Periodic requests are received by Council and staff each winter to provide outdoor community
skating rinks. This report outlines the Operations Department current approach with respect to
this level of service and what improvement options are recommended for the future.
1. Background
Outdoor skating has historically been a fun activity for individuals and families alike to
participate in during the long winter months. Outdoor skating on natural ice, however,
requires a safe location, a properly maintained surface and also remains very dependent
on the presence of suitable weather patterns. Outdoor municipal skating rinks have not
existed in Clarington for many years due to their high demand on staff resources, the
wide availability of indoor ice across the municipality for public skating, the absence of a
dedicated volunteer base to create outdoor rinks and also the inconsistency of below
freezing winter temperatures. Although there has not been any approved outdoor skating
rinks in Clarington in recent years, the existing Parks By-law presently does allow for their
construction and operation by volunteers or community groups subject to specific terms
and conditions.
Ice Types
Outdoor skating can be accommodated on a number of different surfaces including
natural ice, artificial ice or synthetic ice.
Natural ice is the simplest form which can be constructed in most open space areas that
are reasonably level. Depending on the location selected, specific containment
measures are generally necessary and may include the installation of perimeter boards
or a berm, a plastic liner and/or the availability of a non-permeable surface. Other
requirements that are considered necessary to construct a quality outdoor ice skating
surface will include the availability of a water source, dedicated maintenance support,
adequate lighting levels and ultimately a prolonged forecast of cold winter weather.
While natural ice is present during the winter months on many of the storm water
management ponds that are now situated throughout Clarington, their use for skating is
strictly prohibited due to various safety issues. These safety concerns include the
overall depth of the ponds, the possibility of rapidly fluctuating water levels and the
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Municipality of Clarington
Report OPD-009-16 Page 3
tendency of the ponds to carry higher concentrations of chlorides that may weaken the
overall strength of the ice.
Similar to indoor ice facilities, artificial ice can be created in an outdoor setting when a
refrigeration plant is introduced to chill water to below the freeze point and to maintain
its state regardless of any fluctuation in the outdoor temperatures to above zero Celsius.
As might be expected, however, very significant costs are incurred with this type of ice
installation that includes the construction, operation and maintenance of the
refrigeration equipment and the associated staff time. For obvious reasons, outdoor
artificial ice facilities are also best situated in a purpose built location where refrigeration
plant equipment is available and proper services exist for maintenance that include a
dedicated water source and ice resurfacing equipment.
Synthetic Ice is a relatively new technology whereby large plastic panels are installed on
a flat stable surface. The self-lubricating interlocking panels can be fashioned into any
shape or size and are designed to somewhat replicate the effects of natural or artificial
ice although it’s reported that additional skating effort of approximately 15% is required
due to the friction that is encountered with the polymer surface. Although synthetic ice
is not susceptible to above zero temperatures it is not maintenance free as the panels
require periodic spraying with a glide enhancer and may also require regular cleaning
depending on the amount of exposure to dust and dirt. While synthetic ice can be used
outdoors it appears that it is much better suited to a controlled indoor application. Some
manufacturers recommend that when synthetic ice is not in use that it be covered with a
heavy tarp for protection purposes.
Experience from Neighbouring Municipalities
Many of the local municipalities within Durham Region and beyond have experienced
similar logistical and staffing challenges to provide community outdoor ice skating
facilities. With the exception of the City of Pickering and the Municipality of Port Hope,
all other municipalities in our immediate area only offer programs that support volunteer
based installations.
In the case of the City of Pickering, the municipality installs a 2800 square foot synthetic
ice surface on one of their neighbourhood tennis courts each winter. The synthetic ice
surface has only been received with limited success by the public and is not being
maintained to the recommended standards which ultimately could affect the longevity
and overall usefulness of the surface.
The Municipality of Port Hope presently constructs only one municipal natural ice
surface for outdoor skating each winter that is heavily supported by a group of
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Report OPD-009-16 Page 4
volunteers. Municipal staff are responsible for performing maintenance during regular
business hours while the community members provide all of the inspection and
maintenance requirements that are necessary after hours.
The municipalities of Ajax and Oshawa currently have programs in place that allow for
the set-up and operation of outdoor skating facilities by volunteers. In general, the
applications are received from volunteers that have managed outdoor skating facilities
for many years in those communities. For the future, the Town of Ajax has included
infrastructure in a large commercial/residential development presently under
construction at the intersection of Harwood Avenue and Bayly Street that will provide for
a municipally operated outdoor artificial ice surface.
The Town of Whitby currently does not have any type of municipal or volunteer
operated community outdoor skating programs in effect.
Options
As outlined above, consistently below freezing temperatures are necessary for the
development of natural ice for community skating rinks. Unfortunately, however, the
weather in Durham Region during many recent winters has not been conducive to such
initiatives. Based on historical background data Clarington received, on average, a total
of twenty five minus ten degree days between the years 2000 to 2009. (It has also
been reported in a future climate summary prepared by the Region of Durham that
during the 2040 to 2049 time horizon, there will be zero days in Clarington when the air
temperature will be less than minus ten degrees Celsius. Although the climate change
as suggested in the 2040 study is still more than two decades away there is already
evidence indicating that the general trend is towards higher temperatures, less snow
and more rain during the winter months.)
The option of staff setting-up and maintaining an outdoor community skating rink with
natural ice is not supported given these unpredictable weather patterns and the time,
costs and efforts that would be incurred to provide this service.
A more attractive option could be for volunteers or community groups to manage this
service under the general direction and assistance of municipal staff. Such an
approach reflects the practices of other municipalities throughout the Greater Toronto
Area. Volunteer support for this type of initiative would include the selection of an
appropriate site, the provision of training on how to best construct and maintain a
natural ice surface and also where necessary the supply of materials such as perimeter
boards, a plastic liner, garden hoses, portable toilet(s), garbage cans, picnic tables,
signs, shovels, inspection forms and the provision of a municipal water source or where
appropriate a residential water rebate. It is estimated that the cost to provide the
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Municipality of Clarington
Report OPD-009-16 Page 5
necessary materials and staff time to assist with the set-up of each rink will be
approximately $1,500 a year. These funds are presently unbudgeted in the Operations
Department annual current budget. Trying this out in one location would permit us to
learn what works and what doesn’t without creating significant staff time and operating
costs.
Other alternatives as outlined in this report including a synthetic ice surface or the
construction of an artificial outdoor ice skating facility require significant capital for the
initial purchase, construction and start-up. The maintenance of these types of facilities
also require a large commitment of staff time that is not available within the
municipality’s existing compliment of resources. Consideration for these other types of
installations is therefore not supported at this time.
2. Concurrence
Not applicable.
3. Conclusion
Outdoor Skating Rinks can be considered important pieces of infrastructure in the
community where residents can gather to enjoy the outdoors and participate in an active
lifestyle. As part of the service levels that are offered by Clarington, municipal staff
should be available to promote and assist with the set-up of outdoor skating rinks when
suitably requested by a group of volunteers.
Outdoor skating rinks are ideally situated in community parks with areas that are
relatively level, have limited encumbrances, provide adequate lighting, suitable access for
emergency vehicles, parking for vehicles, internal pathways and access to a water source
either from on-site municipal infrastructure or the home of an abutting volunteer.
(One example of this type of location would be the existing basketball court in Guildwood
Park in Bowmanville. At the time of development the basketball court was recessed into
the ground and specifically designed with the necessary infrastructure for the purpose of
being flooded during the winter months to create an outdoor skating rink. Other
community parks in Clarington that may also allow the easier formation of outdoor skating
rinks include Brookhouse Parkette in Newcastle, Pearce Farm Park in the Port of
Newcastle and Roswell Park in Courtice. Although it may be known that the circular
courtyard area in Rotary Park in Bowmanville may have similar design features it is not
considered an ideal location due to its relatively small size, limited availability of adjacent
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Report OPD-009-16 Page 6
volunteers and the presence of on-site hazards being the stone columns for the clock
tower and the park lighting poles.)
In an effort, therefore, to provide clear direction on this initiative staff should be requested
to develop a standard operating procedure that will outline the complete application and
approval process. Matters will be clearly addressed for such partnerships including
operational responsibilities specific to both volunteers and staff, equipment supplied by
the municipality and any safety, inspection, liability and usage guidelines.
4. Strategic Plan Application
Recommendations of this report support the Strategic Plan initiative to promote resident
engagement in our community.
Submitted by: Reviewed by:
Frederick J. Horvath Curry Clifford, MPA, CMO
Director of Operations Interim CAO
Staff Contact: Stephen Brake, Manager of Operations, 905-263-2291 or
sbrake@clarington.net
52
Clerk's
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: September 26, 2016
Report Number: CLD-022-16 Resolution:
File Number: By-law Number:
Report Subject: Poundkeeper Services and Remuneration
Recommendations:
1.That Report CLD-022-16 be received;
2.That staff be authorized to seek a third party contractor to provide transport and housing
of stray livestock, to replace the traditional process of appointing a Poundkeeper; and
3.That all interested parties be advised of Council’s decision.
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Report CLD-022-16 Page 2
Report Overview
The remuneration for Poundkeepers appointed by Council does not address current needs.
This Report provides the necessary details for Council to consider amending the
remuneration as well as considering a new approach to poundkeeper services.
1. Background
On March 29, 2016, Council passed Resolution GG-189-16 appointing Karen Minaker as
Poundkeeper. After this time, in discussion with Ms. Minaker, it had been brought to
staffs attention that costs outweigh remuneration. Other concerns raised by Ms. Minaker
included liability, WSIB, staffing requirements, and training.
The appointment of a poundkeeper just covers the one individual as an employee and
he/she would be covered for WSIB purposes. However, the nature of these calls may
require additional personnel to assist. This in itself creates the majority of the issues with
this service.
Over the past few years, on average only a few calls are received for stray livestock and
necessitating the assistance of a poundkeeper. In 2016 only two animals were
impounded. The majority of calls are resolved either by the finder of the stray animal or
Animal Services determining the livestock owner and having the animal returned or dealt
with by the owner.
In 1996, the remuneration rate for Poundkeepers was set by Council at $50.00 per call.
This rate has increased annually by a rate which corresponds to the salary adjustment
provisions affecting CUPE as approved by Council. Thus, the current rate is $82.04.
2. Discussion
Currently, the Municipality of Clarington’s Exotic Animal By-law allows staff to deal more
effectively and consistently with impounding of stray livestock than does the current
approach used for Poundkeeper services. Staff have the ability to initially assess
livestock calls and determine ownership or the need to impound animals. The ability to
house and transport livestock restricts the level of service that Animal Services may
provide. For health and practical reasons, livestock cannot be housed in the same facility
as where the dogs and cats are sheltered.
Few applications have been received over the last few terms from people interested in
being appointed as Poundkeeper. With the current rates set by Council for poundkeeper
services being so low, and the liability that is taken on by providers of this service,
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Report CLD-022-16 Page 3
interest of our skilled residents in providing this service is very low. The recently
appointed Poundkeeper identified costs as being an issue, as was also heard through
discussions with livestock valuers. The current commercial livestock hauling fees can
range from $1.25-$1.75 per km with varying chute fees (loading, unloading). Whereas
Clarington’s current poundkeeper fees are $82.04 per call and set rate per kilometre
travelled. It is believed that the current costs for services traditionally provided now
exceed our fees paid for poundkeeping services.
3. Proposal
The Pounds Act RSO 1990, Chapter 17 Section 1 allows Municipalities to vary the scope
of the application of the legislation. Currently the Exotic Animal By-law has provisions to
allow the Municipality to deal with Livestock through the use of its own By-law.
Within Schedule C of the Exotic Animal By-Law, provisions exist to charge back to the
owner any additional costs incurred by a third party for the impounding of the livestock
animals. Contracting the transport and housing to a third party will allow the Municipality
to alleviate the issues of liability, WSIB, insurance and appropriate costs.
Animal Services would continue to attend calls to assess the situation, and make
attempts to contact the owner. If owners are not able to be located, the Animal Services
Officer would make the determination if transport and housing may be accommodated by
staff, or if other means are required. Following an impoundment, any reclaim
transactions would be handled through Animal Services, with the owner being invoiced
for any additional costs incurred through the third party contractor.
4. Concurrence
This report has been reviewed by the Director of Finance/Treasurer who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that the practice of appointing of a poundkeeper by
Council be discontinued, and that Staff be authorized to contract services for transport
and housing of stray livestock to assist Animal Services staff.
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6. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
Anne Greentree, Curry Clifford, MPA, CMO
Municipal Clerk Interim CAO
Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or
agreentree@clarington.net
56
Clerk's
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: September 26, 2016
Report Number: CLD-029-16 Resolution:
File Number: By-law Number:
Report Subject: Appointment of Municipal Ombudsman Services
Recommendations:
1.That Report CLD-029-16 be received;
2.That the proposal received from ADR Chambers Inc., being the municipal ombudsman
for the Region of Durham, be awarded the contract by the Purchasing Manager for the
provision of Ombudsman Services as detailed for the Municipality of Clarington for a
term ending December 31, 2022;
3.That the appointment by-law, being Attachment 3 to Report CLD-029-16, appointing
ADR Chambers as Clarington's Ombudsman, and detailing the powers, duties and
services of ADR Chambers Inc., be approved;
4.That the Mayor and Clerk be authorized to execute the necessary agreement; and
5.That all interested parties listed in Report CLD-029-16 and any delegations be advised
of Council's decision.
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Report Overview
On February 8, 2016 Council approved the appointment of a Municipal Ombudsman and
directed staff to work with the Region of Durham and report back at the conclusion of the
RFP process. The Region of Durham awarded ADR Chambers the contract for
Ombudsman Services for the Region of Durham. Staff are therefore recommending that
Council appoint ADR Chambers Inc. as the Ombudsman for the Municipality of Clarington.
1. Background
1.1 Authority to Appoint Municipal Ombudsman
Section 223.13 of the Municipal Act, 2001, as amended, grants the authority to
municipalities to appoint an Ombudsman who would “report to council and whose
function is to investigate in an independent manner any decision or recommendation
made or act done or omitted in the course of the administration of the municipality, its
local boards, and such municipally–controlled corporations as the municipality may
specify and affecting any person or body of persons in his/her or its personal capacity.”
In January, 2016 the General Government Committee considered Report CLD-008-16
and on February 8, 2016 Council ratified Resolution #GG-061-16 as follows:
That Report CLD-008-16 be received;
That Council approve the appointment of a Municipal Ombudsman to
conduct investigations with respect to the administrative acts of the
Municipality of Clarington;
That the Region of Durham be advised that Clarington supports the
concept of a Regional ombudsman acting as Clarington’s Municipal
Ombudsman on a “fee for service” basis;
That staff continue to work with the Region of Durham, as deemed
appropriate, in the RFP process to ensure that Clarington’s needs are
include in the Regional RFP;
That staff report back at the conclusion of the RFP process; and
That all interested parties listed in Report CLD-008-16 and any
delegations be advised of Council’s decision.
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1.2 Region of Durham
The Region of Durham was notified in writing of Council’s decision. The Region of
Durham invited all eight area municipalities to a meeting to discuss the content of their
draft Request for Proposal (RFP) for Ombudsman Services and a representative of
Clarington was in attendance. The Regional RFP-1014-2016 was posted on the
Regional website from May 2, 2016 to May 24, 2016. Despite requests from Clarington’s
Municipal Clerk and the Manager of Purchasing to be involved in the RFP evaluation
process, the Region of Durham proceeded to unilaterally manage, interview and evaluate
and score the RFP submissions.
On June 29, 2016, Regional Council considered Report #2016-A-19 and passed the
following resolution (See Attachment 2).
A) That the Proposal received from ADR Chambers Inc. to provide municipal
ombudsman services for the term July 1, 2016 to December 31, 2022, for
an estimated annual retainer fee of $12,000, plus an hourly investigation
rate of $250.00, (plus applicable taxes) be accepted;
B) That the Regional Chair and the Regional Clerk be authorized to execute
the retainer agreement as described in Recommendation A) and any other
contractual documents as may be required to give effect thereto;
C) That the appointment bylaw attached to Report #2016-A-19 of the
Commissioner of Corporate Services as Attachment #1, be presented for
reading and passage;
D) That the Commissioner of Corporate Services be authorized to implement
such procedural and policy changes as are necessary to give effect to the
implementation and appointment of a municipal ombudsman for the
regional Municipality of Durham; and
E) That the Regional Clerk circulate Report #2106-A-19 to the clerks of the
local municipalities for their review and considerations to whether they
wish to join in on the retainer agreement as described in Recommendation
B).
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2. Proposal
2.1 ADR Chambers – Recommended Proponent
ADR Chambers has been providing ombudsman services for the banking industry since
2008, similar services to the Financial Services Commission of Ontario, and is certified by
the federal government as only one of two approved external complaint bodies for the
financial service sector in Canada. ADR Chambers was also recently appointed as
Ombudsman for the Regions of York and Halton including several of their area
municipalities.
Although Clarington staff were not involved in the selection of the particular vendor, staff
are confident in the procurement process undertaken by the Region of Durham and
therefore recommend that Council appoint ADR Chambers Inc. as the Ombudsman for
the Municipality of Clarington for the term ending December 31, 2022.
2.2 Financial Implications
The Region of Durham has confirmed that the $12,000 retainer fee will be paid by the
Region for the term of this initial contract (i.e. until December 31, 2022).
The retainer fee will include the initial intake of a complaint, the processing of it,
communicating with a complainant to verify the complaint, and any letters to the
complainant to dismiss the complaint and close the file. As well, the retainer fee will
cover any reports and recommendations made to the Municipality and an annual
Ombudsman report to Council.
The Municipality of Clarington would be required to pay any service fees of $250 per hour
associated with the formal investigations arising out of complaints received by the
municipal ombudsman which pertain to Clarington. The volume of calls/complaints
cannot be predicted at this time. As there are cost implications to this appointment, an
initial value will be added to the 2017 operating budget and this value will be adjusted
year to year as experience is gained pertaining to the volume of activity in this area.
2.3 Complaint Process and Reporting Relationship
The draft Terms of Reference (Attachment 1 to Report CLD-029-16) details the steps for
receipt, investigation, and resolution of complaints. Note that Clarington’s complaint
handling policy and any related procedures are currently under review to ensure a
consistent, fair and transparent manner to deal with complaint issues.
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Complaints received by the Ombudsman may be investigated by the Ombudsman
provided: it is within their mandate, all internal complaint processes have been
exhausted, is in writing (on the Ombudsman’s complaint Submission Form); and signed
by the complainant along with a signed Consent and Confidentiality Agreement.
The Ombudsman will undertake the necessary investigation concerning the complaint
and may contact any person deemed necessary to do so. The Municipal Clerk shall be
the initial point of contact for the Ombudsman. All work undertaken by the Ombudsman
shall be done so in accordance with the law. The Ombudsman will either notify the
Municipality of his/her decision not to undertake an investigation and the reasons why, or
where an investigation is undertaken, shall issue a report to the municipality detailing
his/her conclusion and any recommendations. There are limited situations which the
Ombudsman will not investigate a complaint and they are detailed in sections 12-17 in
the Terms of Reference.
The Ombudsman is directly responsible to Council and the administrative contact for the
Ombudsman is the Municipal Clerk. The Ombudsman shall publish an annual report
which will be presented to Committee/Council. The authority of Clarington’s closed
meeting investigator remains status quo.
3. Concurrence
This report has been reviewed by Director of Corporate Services, Director of
Finance/Treasurer, and the Municipal Solicitor who concur with the recommendations.
4. Conclusion
It is respectfully recommended that Council appoint ADR Chambers Inc. as the
Ombudsman for the Municipality of Clarington for a term ending December 31, 2022 in
accordance with the proposal received by the Region of Durham in response to the
Region’s RFP 1014-2016 and the Terms of Reference developed in accordance with the
contract executed between the Region of Durham and ADR Chambers Inc.
5. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
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Report CLD-029-16 Page 6
Submitted by: Reviewed by:
Anne Greentree, Curry Clifford, MPA, CMO
Municipal Clerk Interim CAO
Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or
agreentree@clarington.net
Attachments:
Attachment 1 – Draft Terms of Reference
Attachment 2 – Regional Report #2016-A-19
Attachment 3 – Draft Appointment By-law
The following is a list of the interested parties to be notified of Council's decision:
D. Wilcox, Regional Clerk, Regional Municipality of Durham
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Attachment #1 to
Report CLD-029-16
1
Terms of Reference
PURPOSE
1. These Terms of Reference set out the responsibilities and mandate of the
Ombudsman for The Municipality of Clarington and establish the standard
protocols that will be followed by the Ombudsman in the course of reviewing
and investigating complaints.
DEFINITIONS
2. Defined terms used throughout these Terms of Reference are as follows:
• ADR Chambers Ombuds Office means the function within ADR
Chambers Inc. involved in providing Ombudsman services to Durham
Region under the direction of the Ombudsman;
• Complainant means any member of the public who makes a Complaint to
the Ombudsman about the Municipality of Clarington.
• Complaint means a written expression of dissatisfaction with any decision
or recommendation made or act done or omitted in the course of the
administration of the Municipality of Clarington. Complaints are not
deemed to be submitted until the Ombudsman has received a completed
and signed Complaint Submission Form and Consent and Confidentiality
Agreement;
• Complaint Submission Form means a form required to be filled out and
signed by Complainants wishing to submit a Complaint to the
Ombudsman wherein they describe the nature of their complaint;
• Consent and Confidentiality Agreement means an agreement required
to be signed by Complainants whereby they agree to certain
confidentiality requirements and other conditions of the Complaints
procedure;
• Initial View Letter means a letter sent to the Complainant when the
Complaint is outside of the Ombudsman’s mandate, as defined in these
Terms of Reference. An Initial View Letter will provide the Complainant
with the reasons for the determination that the Complaint is outside the
Ombudsman’s mandate;
• Municipal Clerk means the Municipal Clerk of the Municipality of
Clarington, or his/her designate;
• Municipality means The Municipality of Clarington;
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Attachment #1 to
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• Ombudsman means the individual designated by ADR Chambers Inc. to
handle Complaints and to direct and coordinate ADR Chambers Ombuds
Office activities in accordance with these Terms of Reference.
PRINCIPLES
3. The role of the Ombudsman and of the ADR Chambers Ombuds Office is
founded on the general principles of independence, impartiality, confidentiality
and accessibility.
RESPONSIBILITIES
4. The Ombudsman’s responsibilities are to:
• adhere to the requirements of the Municipal Act, 2001 and these
Terms of Reference and ensure such adherence by the ADR
Chambers Ombuds Office and by any delegates;
• provide information to the public about the process for submitting and
commencing Complaints;
• receive Complaints for assessment;
• assess incoming Complaints to determine whether they are within the
Ombudsman’s mandate;
• attempt early resolution of Complaints where appropriate;
• if early resolution is not appropriate or possible, investigate Complaints
and issue a report with analysis and recommendations;
• alert Clarington if it determines that a Complaint or series of
Complaints raises a systemic issue;
• preserve confidentiality in accordance with the requirements of the
Municipal Act, 2001; and
• not provide legal representation or advice to a Complainant.
5. The Ombudsman must always act independently and impartially, and not
advocate on behalf of the Complainant or the Municipality.
6. The Ombudsman may delegate in writing to any ADR Chambers Inc. personnel
any of the Ombudsman’s powers or duties, including responsibilities in the
investigation and processing of a Complaint.
7. The Ombudsman will act in compliance with all applicable legislation, privacy
rules, and codes of conduct.
8. For greater certainty, the Ombudsman will preserve confidentiality and may
disclose information in accordance with the provisions of the Municipal Act,
2001.
9. When required by law or by order of a tribunal with competent jurisdiction, the
Ombudsman shall disclose confidential information, but shall not disclose more
information than is required.
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MANDATE
10. The Ombudsman reports to the Council of the Municipality of Clarington and
investigates in an independent manner any decision or recommendation made
or act done or omitted in the course of the administration of the Municipality,
and affecting any person or body of persons in his, her or its personal capacity.
11. The Ombudsman provides an independent, impartial and confidential office
through which members of the public may pursue just, fair and equitable
resolution of concerns within the mandate of the Ombudsman.
12. The Ombudsman receives Complaints, assesses them in order to determine if
they are within its mandate and investigates Complaints within its mandate.
13. The Ombudsman will not investigate any Municipal decision, recommendation,
act or omission, in respect of which there is, under any Act, a right of appeal or
objection, or a right to apply for a hearing or review, on the merits of the case to
any court, or to any tribunal constituted by or under any Act, until that right of
appeal or objection or application has been exercised in the particular case, or
until after any time for the exercise of that right has expired.
14. The Ombudsman will not investigate a Complaint if the Complainant has not
exhausted all internal complaint procedures of the Municipality, as applicable.
15. The Ombudsman will not investigate any decision, recommendation, act or
omission of any person acting as a legal adviser to the Municipality or acting as
counsel to them in relation to any proceedings.
16. The Ombudsman will not investigate complaints regarding policing, the conduct
of Clarington’s members of Council and closed meetings of Clarington’s
Committees or Council.
17. The Ombudsman may refuse to investigate a Complaint or to continue an
investigation of a Complaint when the Ombudsman believes on reasonable
grounds that:
a) the Complainant has not availed himself or herself of other adequate
remedies under the law or existing administrative practices;
b) the subject matter of the Complaint is trivial;
c) the Complaint is frivolous, vexatious or not made in good faith;
d) the Complainant cannot demonstrate sufficient personal interest in the
subject matter of the Complaint;
e) having regard to all of the circumstances of the case, no further
investigation is necessary; or
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f) at the time the Complaint is received, more than one year has elapsed
since the Complainant learned of the facts on which the Complaint is
based, unless the Complainant establishes exceptional circumstances
that justify the delay to the satisfaction of the Ombudsman.
18. The Ombudsman may consider representations from the parties in determining
if a Complaint falls within his or her mandate.
19. If the Ombudsman determines not to investigate, or to discontinue an
investigation, the Ombudsman will inform the Complainant in writing of the
decision and the reasons for the decision.
RECEIPT AND INITIAL REVIEW OF COMPLAINTS
20. The Ombudsman will not consider a complaint until it has received a completed
and signed Complaint Submission Form and a signed Consent and
Confidentiality Agreement.
21. Upon receipt of a Complaint, the Ombudsman will inform the Municipality
through the Municipal Clerk and conduct an initial review to determine if the
Complaint is within the mandate of the Ombudsman to investigate.
22. If a Complaint is not within the Ombudsman’s mandate to investigate, an Initial
View Letter will be sent to the Complainant advising him or her of the reason
why the Ombudsman is unable to investigate the matter.
23. The Ombudsman will inform the Municipality through the Municipal Clerk if the
Ombudsman is unable to investigate the matter or if an investigation will be
undertaken by the Ombudsman.
24. The Ombudsman may act as a liaison between members of the public and the
Municipality, serving as a communicator or informal conciliator if appropriate.
25. Before undertaking an investigation, the Ombudsman will attempt to mediate or
otherwise facilitate the early resolution of a Complaint, if appropriate.
INVESTIGATIONS
26. Every investigation will be conducted in private.
27. The Ombudsman will determine the procedures for assessing and investigating
Complaints. The Ombudsman is not bound by the rules of evidence that would
apply in a court of law. The Ombudsman will use his or her judgment to
evaluate the quality of the evidence, the relevance and weight applicable, and
its effect on the final outcome of the investigation.
28. The Ombudsman may hear or obtain information from such persons as he or
she thinks fit and it is not necessary for the Ombudsman to hold any hearing
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and no person is entitled as of right to be heard by the Ombudsman. However,
if at any time during the investigation it appears to the Ombudsman that there
may be sufficient grounds for him or her to make any report or recommendation
that may adversely affect the Municipality or any other person, the Ombudsman
will give him, her or it an opportunity to make representations respecting the
adverse report or recommendation, either personally or by counsel.
29. The Municipality will cooperate with and assist the Ombudsman in the
investigation by providing all non-privileged information in its possession/control
as soon as is reasonably practical, unless it is demonstrated to the
Ombudsman that disclosing this would likely place the Municipality in breach of
the law or its duty of confidentiality.
30. In undertaking an investigation, the Ombudsman will have regard to whether
the decision, recommendation, act or omission in question may have been:
a) contrary to law;
b) unreasonable, unjust, oppressive or improperly discriminatory;
c) based wholly or partly on a mistake of law or fact;
d) based on the improper exercise of a discretionary power; or
e) wrong.
INVESTIGATION RESULTS
31. Where the Ombudsman undertakes an investigation, he or she will issue a
written report with his or her findings, either rejecting the Complaint or making
recommendations to the Municipality through the Municipal Clerk, and
containing reasons for its decision.
32. The Ombudsman may disclose in any report made by him or her, matters as in
the Ombudsman’s opinion ought to be disclosed in order to establish grounds
for his or her conclusion and recommendations.
33. The Ombudsman will make a recommendation or reject a Complaint based on
what is fair and reasonable in the circumstances. In determining this, the
Ombudsman will take into account the law, any regulatory policies and any
relevant code of practice or guidance applicable to the subject matter of the
Complaint. Decisions must also be in accordance with accepted standards of
fairness, independence, and competence, and tenets of procedural fairness will
be followed.
34. Recommendations by the Ombudsman are not binding on the Municipality or
the Complainant.
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35. Recommendations by the Ombudsman may include recommendations, where
appropriate, for changes to the Municipality’s policies and procedures.
Notwithstanding the rejection of a Complaint, the Ombudsman may bring to the
attention of the Municipality any policies, rules or procedures that may appear
unclear, inequitable or unfair that have been the subject of a Complaint
investigation. The Ombudsman may suggest changes to existing policies, rules
or procedures, or offer advice on the development of new policies, rules or
procedures.
GENERAL
36. The administrative contact for the Ombudsman is the Municipal Clerk.
37. The Ombudsman is directly responsible to Council of the Municipality of
Clarington.
38. The Ombudsman will publish an annual report containing information of the
number and type of complaints handled by the Ombudsman and identifying any
general trends. The Municipality will post the annual report on its website.
39. The Ombudsman will attend at a Municipal Council or Committee meeting to
discuss the annual report.
68
Attachment #2 to
Report CLD-029-16
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71
72
73
74
75
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Attachment #3 to
Report CLD-029-16
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW
being a by-law to authorize the appointment of ADR Chambers
Mediators and Arbitrators as the Ombudsman for the Municipality of
Clarington (Municipal Ombudsman).
WHEREAS pursuant to Section 8 of the Municipal Act 2001 S.O. c. 25 provides
in part that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising authority;
AND WHEREAS pursuant to Subsection 223.13(1) authorizes a Municipality to
appoint an Ombudsman who reports to Council and whose function is to
investigate in an independent manner any decision or recommendation made or
act done or omitted in the course of the administration of the municipality, local
boards and such municipally-controlled corporations as the municipality may
specify affecting any person or body of persons in his, her or its personal
capacity;
AND WHEREAS Council for the Municipality of Clarington deems it desirable
to appoint an Ombudsman for the Municipality of Clarington;
AND WHEREAS ADR Chambers was the successful bidder meeting all terms
and conditions to the Region of Durham’s RFP 1014-2016 to facilitate the delivery
of services for the Regional Ombudsman;
AND WHEREAS the Council for the Municipality of Clarington deems it desirable
retain the Regional Ombudsman to provide Municipal Ombudsman services as
per Section 5 of Regional By-law 32-2016 with the Region of Durham being
responsible for payment for the Annual Retainer fee;
NOW THEREFORE BE IT RESOLVED that, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk be authorized and instructed to execute on
behalf of the Municipality of Clarington an agreement with ADR
Chambers to affect their appointment as the Municipal Ombudsman and
also to provide the required services for Municipal Ombudsman (the
Agreement) on such terms and conditions as were presented in the
Request For Proposals and such other terms and conditions as may be
required and approved by the Municipal Clerk to give effect to the
Agreement.
2. That the Agreement provide for that ADR Chambers be appointed for a
term from the date of passing of this by-law to the end of the current
term of Council and the entire subsequent term of a subsequent
Council; being December 31, 2022.
77
Attachment #3 to
Report CLD-029-16
3. That ADR Chambers as the Municipal Ombudsman provide the
following services:
(a) Independently receive, review and investigate complaints that
are the result of an act, decision or recommendation done or
omitted in the course of the administration of the Municipality
of Clarington and any municipally controlled corporation that
may be under the ombudsman jurisdiction;
(b) Maintain confidentiality of complaints and the matters relating to
an investigation unless such matters should be disclosed to
establish grounds for the ombudsman’s conclusions and
recommendations;
(c) Act at arm’s length from the Municipality of Clarington and
Council but will provide an annual report on its activities and
periodic reports that are the result of an investigation.
(d) Notify the Municipal Clerk as the first point of contact should
the Municipal Ombudsman wish to conduct a formal
investigation before conducting any such investigation.
(e) That the Municipal Ombudsman cannot investigate any
decision, recommendation, act or omissions: (1) where there is
a right of appeal or objection, or right to apply for a hearing or
review by tribunal or court until this right has been exercised;
and (2) of any legal adviser or person acting as legal counsel to
the public sector body.
(f) That the Municipal Ombudsman provide annual reports and
such other reports as may be required subsequent to the
completion of their investigations, providing results and
recommendations in accordance to the Agreement.
4. That should the Municipal Ombudsman conduct an investigation, it shall
do so in accordance to the terms and conditions of the Agreement
executed between it and the Municipality of Clarington and shall adhere to
all applicable laws, applicable statutes and established Municipal policies.
5. That the Municipality shall be responsible for payment of the hourly fee
and the Region of Durham being responsible for the annual retainer fee,
in accordance to the terms of the Agreement.
78
Attachment #3 to
Report CLD-029-16
6. That should the Municipality of Clarington desire any further services from
the Municipal Ombudsman, outside what it is outlined in this by-law, the
Municipal Ombudsman may oblige in providing such other services on
Council approval to provide such other service. If authorized to do so,
the Municipal Ombudsman will charge their hourly fee in accordance with
the Agreement for such other services.
BY-LAW passed in open session this 11th day of October, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
79
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 Government Committee
Date of Meeting: September 26, 2016
Report Number: COD-019-16 Resolution:
File Number: N/A By-law Number:
Report Subject: By-law to Finalize the Fire Management Change in OMERS
Recommendations:
1.That Report COD-019-16 be received;
2.That a by-law be approved to finalize the process of the OMERS conversion for Fire
Management as approved through report COD-012-16 based on OMERS requirement, that
a specific by-law is required; and
3.That all interested parties listed in Report COD-019-16 and any delegations be advised of
Council’s decision.
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Municipality of Clarington
Report COD-019-16 Page 2
Report Overview
To initiate a specific by-law to address the Fire Management Change in OMERS.
1. Background
Report COD-012-16 Emergency Services Management Request to Change Pension
Plans in OMERS (attachment #1), was received and approved; Resolution #GG-326-15.
Upon reviewing the attached Council approval OMERS advised that an OMERS specific
by-law is required, therefore this is a housekeeping item to allow finalization of the
conversion.
2. Concurrence
Not Applicable
3. Conclusion
It is respectfully recommended that Council approve the request for a by-law in
accordance with the approval of the conversion through report COD-012-16.
4. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Marie Marano, H.B. Sc., C.M.O. Curry Clifford, MPA, CMO
Director of Corporate Services Interim Chief Administrative
Officer
Staff Contact: Kerri McMullen, Compensation and Benefits Supervisor, 905-623-3379 ext.
2206 or kmcmullen@clarington.net
Attachments:
Attachment 1 – Report #COD-012-16; Emergency Services Management Request to Change
Pension Plans in OMERS
Attachment 2 – Draft By-law; Fire Retirement Age OMERS
MM/KM/gj
81
Claring-ton
Corporate rvi
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: General Government Committee
Date of Meeting: May 30, 2016
Report Number: COD-012-16 Resolution: : -
File Number: By-law Number:
Report Subject: Emergency Services Management Request to Change Pension Plans
in OMERS
Recommendations:
1. That Report COD-012-16 be received; and
2. That the request for the Emergency Services Management group to be moved to the
Normal Retirement Age (NRA) 65 pension plan with OMERS be approved.
Attachment #1 to Report COD-019-16
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Municipality of Clarington
Report COD-012-16 Page 2
Report Overview
Request for Council to approve the Emergency Services Management Group to change
pension plans in OMERS from NRA60 to NRA65.
1 . Background
1. 1 Emergency Services Management Request
On March 24, 2016 the Emergency Services Management provided a memo signed by
all three (3) employees requesting to move from Normal Retirement Age (NRA) 60 to
NRA65. Under OMERS rules all members of the group must sign confirmation of their
request to initiate change.
1.2 Emergency Services Management Group
The Clarington Emergency Services Management Group consists of the Fire Chief and
two (2) Deputy Fire Chiefs. They are considered Non-Affiliated staff, not bound by the
Fire Collective Agreement (therefore not entitled to the 3-6-9 compensation rule) and
are not assigned to fire suppression duties, therefore no mandatory retirement at age
sixty (60) according to Bill 181. Their salary, vacation entitlement, extended healthcare
and dental benefits, Life, LTD and AD&D are all under the Non-Affiliated plans. Their
OMERS pension, NRA60, is the only benefit that does not fall under the Non-Affiliated
plan.
1.3 Firefighters Retirement Required at Age 60
In 2011 report COD-018-11 was prepared on Bill 181 - Fire Mandatory Retirement
Legislation generally outline the potential impact on the Municipality of Clarington. The
report provided information about mandatory retirement for suppression firefighters at
age 60 due to a Human Rights Tribunal decision deeming this as a bona fide
occupational requirement. The risks of cardiac events for firefighters are significant and
increase with age; in particular after age 60 and the risk of an on-the-job cardiac event
during emergency response is particularly high. The Fire Collective Agreement
provides that firefighters will retire at age 60.
1.4 Contribution Rates to OMERS
Under the NRA60 plan the contribution rates are higher to have a Normal Retirement
Age of 60 (instead of 65). The current contribution rates for NRA60 are 9.2% up to the
Yearly Maximum Pensionable Earnings (YMPE) and 15.8% above this. For NRA65 the
current contribution rates are 9.0% up to the YMPE and 14.6% for earnings above. The
Municipality of Clarington contributes one dollar for every dollar contributed by our
members. Based on the current contribution rates the annual savings for the
Municipality would be approximately $3,438.24 for the current incumbents in this
Management group.
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Municipality of Clarington
Report COD-012-16 Page 3
Area Municipalities
City of Oshawa NRA65
Town of Whitby Records indicate NRA 65; currently at NRA60 but interested in
NRA65
Town of Ajax NRA60
Town of Pickering NRA60
The Municipality has had inquiries from another municipality who has received similar
requests from their Fire Management. The general trend indicates a growing interest in
movement to NRA65 for Fire Management.
3. Summary
Clarington Emergency Services Management are deemed Non-Affiliated Management
for compensation and all but OMERS benefits; moving them to NRA65 would align them
with the rest of the Management group and all benefits would be under the Non-
Affiliated plan. The design of the NRA60 plan is higher contributions to allow them to
retire at age 60 without a reduced pension. As there is no requirement for Emergency
Services Management to retire by age 60 it is reasonable to consider their request to be
moved to NRA65. This would also save the Municipality money as contributions are
matched dollar for dollar. The Municipality also benefits from continued stability in the
management positions which are becoming increasingly difficult to fill such vacancies
due to the 3/6/9 compensation and 24 hour shift schedules which are only available to
the Association Members, reducing incentive to move into management positions.
4. Conclusion
It is respectfully recommended that Council approve the request to move the
Emergency Services Management Group to the NRA65 pension plan, which would then
align all their benefits under the Non Affiliated Management group. If approved this will
apply to the current incumbents and any future incumbents going forward, meaning a
continued cost savings for the Municipality on their OMERS contributions.
5. Strategic Plan Application
Not applicable.
r
Submitted by: r Reviewed by:
I Iarie Marano Franklin Wu,
Director of Corporate Services Chief Administrative Officer
Staff Contact: Kerri McMullen, Compensation and Benefits Supervisor 905-623-3379 ext. 2206
or kmcmullen(a clarin toqn.net
MM/KM/gj
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Municipality of Clarington
Report COD-012-16 Page 4
Attachments- None
There are no interested parties to be notified of Council's decision.
85
The Corporation of the Municipality of Clarington
By-law 2016-XXX
Being a by-law to amend by-law 74-38, being a by-law to authorize participation in the
Ontario Municipal Employee Retirement System (OMERS)
Whereas Report COD-012-16 was received and approved to change the normal
retirement age under the OMERS primary pension plan (“Primary Plan”) and the
retirement compensation arrangement that provides benefits for members and former
members of the Primary Plan (“RCA”), in respect of the employees id entified herein;
And Whereas The Municipality of Clarington (“Employer”) previously enacted By-law
74-38 as the Town of Newcastle and elected to participate in the Primary Plan and the
RCA;
And Whereas By-law 74-38 provides that the normal retirement age for the firefighters
identified therein shall be 60 years;
And Whereas it is deemed desirable to change the normal retirement age from 60 years
to 65 years for the firefighters identified herein.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1.Clause 7 of By-law 74-38 is amended by adding the following words:
“subject to Clause 8 of this By-law,”
2.By-law 74-38 is amended by adding the following clause:
“8 Effective as of the first day of July 1, 2016, the normal retirement age
of employees who are employed by the Employer as firefighters as
defined in subsection 1(1) of the Fire and Protection and Prevention
Act, 1997, as amended from time to time, and who are employed in
the following classes: Fire Management, is 65 years.”
3.This by-law 2016-XXX is effective as of day of passing.
Passed in Open Council this 11th day of October, 2016.
Attachment #2 to
Report COD-019-16
86
_____________________________
Adrian Foster, Mayor
_____________________________
C. Anne Greentree, Municipal Clerk
87
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 Government Committee
Date of Meeting: September 26, 2016
Report Number: COD-020-16 Resolution:
File Number: CL2016-20 By-law Number:
Report Subject: Bond Head Waterfront Park
Recommendations:
It is respectfully recommended that the General Government Committee recommend to
Council the following:
1.That Report COD-020-16 be received;
2.That M&S Architectural Concrete Limited with a total bid amount of $436,138.99 (net
H.S.T. Rebate), being the lowest compliant bidder meeting all terms, conditions and
specifications of Tender CL2016-20 be awarded the contract for the Bond Head
Waterfront Park project as required by the Engineering Services Department;
3.That the funds required for this project in the amount of $499,846.00 (net HST Rebate)
which include the construction cost of $436,138.99 (net HST Rebate) including other
related costs such as survey, design, contract administration, utilities relocations,
materials testing and contingencies of $63,707.01 (net HST Rebate) be drawn from the
following accounts:
Bond Head Waterfront Park 110-32-325-83440-7401 $499,846.00
4.That all interested parties listed in Report COD-020-16 and any delegations be advised
of Council’s decision by the Purchasing Division.
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Municipality of Clarington
Report COD-020-16 Page 2
______________________________________________________________________
Report Overview
To request authorization from Council to award Tender CL2016-20 for road
reconstruction work on Bond Head Waterfront Park.
1.Background
Tender specifications were prepared by the MBTW Group and provided by the
Engineering Services Department.
This project includes grading, topsoil spreading, sodding, pedestrian and vehicular
asphalt paving, unit paving, concrete paving, gravel paving, precast curbs, culverts,
concrete manhole, pre-fabricated gazebo shade structure with lighting, park signage,
tree and perennial/ornamental grass planting, boulders, site furniture and shoreline
restoration work. The expected completion day for this project is June 15, 2017.
Tender CL2016-20 was issued by the Purchasing Services Division and advertised
electronically on the Municipality’s website. Notification of the availability of the
document was also posted on the Ontario Public Buyer’s Association website. Twenty-
five (25) companies downloaded the document.
The Tender closed on Thursday, August 25, 2016.
2.Bond Head Waterfront Park
Nine (9) submissions were received in response to the tender call. Bids were reviewed
and tabulated (see Attachment 1). All submissions were deemed to be compliant.
After review and analysis of the submissions by the Consultant, Engineering Services
Department and the Purchasing Services Division, it was mutually agreed that the low
bidder, M&S Architectural Concrete Ltd. be recommended for the award of contract
CL2016-20.
As M&S Architectural Concrete Ltd. has not done work for the Municipality in the past
therefore reference checks were completed and came back satisfactory from
companies contacted.
3.Financial and Budget Considerations
The total cost for this project is $499,846.00 (net HST Rebate) which includes construction
cost of $436,138.99 (net HST Rebate) and other related costs such as survey, design,
contract administration, utilities relocations, materials testing and contingencies of
$63,707.01 (net HST Rebate).
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Municipality of Clarington
Report COD-020-16 Page 3
______________________________________________________________________
Funding required for this project will be drawn from the following Engineering accounts:
Bond Head Waterfront Park 110-32-325-83440-7401 $ 499,846.00
Queries with respect to the department needs should be referred to the Director of
Engineering.
4.Concurrence
This report has been reviewed by Tony Cannella, Director of Engineering who concurs
with the recommendation.
5.Conclusion
It is respectfully recommended that M&S Architectural Concrete Ltd. with the lowest
compliant bid of $436,138.99 (net H.S.T. rebate) be awarded the contract for the Bond
Head Waterfront Park project as per the terms, conditions and specifications of Tender
CL2016-20.
6.Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan Not
applicable.
Submitted by: ________________________ Reviewed by: _____________________
Marie Marano, H.B. Sc., C.M.O. Curry Clifford, MPA, CMO
Director of Corporate Services Interim CAO
______________________________
Nancy Taylor, BBA, CPA, CA.,
Director of Finance/Treasurer
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or
dferguson@clarington.net
Attachments: Attachment 1 - Bid Tabulation
List of interested parties to be notified of Council's decision is on file in the Purchasing
Services Department.
MM/DF/sm
90
Attachment 1 to
Municipality of Clarington Report COD-020-16
Municipality of Clarington
Summary of Bid Results
Tender CL2016-20
Bond Head Waterfront Park
Bidder Total Bid
(including HST)
Total Bid
(net HST Rebate)
M&S Architectural Concrete Ltd $484,313.15 $436,138.99
Melfer Construction Inc. $499,788.83 $450,078.32
Royalcrest Paving $532,625.05 $479,645.35
J. Hoover Ltd. $553,531.63 $498,472.38
Euro Landscaping $557,535.01 $502,077.54
CSL Group Ltd. $601,429.51 $541,605.90
Drain Bros. Excavating Ltd. $608,447.37 $547,925.70
Blackstone Paving & Construction Ltd. $618,192.49 $556,701.48
Dig-Con International $935,880.13 $842,789.04
91
Finance Department
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 Government Committee
Date of Meeting: September 26, 2016
Report Number: FND-013-16 Resolution:
File Number: By-law Number:
Report Subject: Financial Update as at June 30, 2016
Recommendations:
1.That Report FND-013-16 be received for information.
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Municipality of Clarington
Report FND-013-16 Page 2
Report Overview
The purpose of this report is to update Council on the overall budget variances as of June 30,
2016 as well as other financial indicators such as taxes receivable, reserve fund investments,
debt and development charges collected.
1. Background
1.1. The financial update report has been designated to focus on overall budget variance
reporting.
2. Second Quarter of 2016 Results
2.1 Attachment 1, Summary of Operating Expenditures and Revenues compares the
Municipality’s budget to actual posted expenditures as of June 30, 2016. This statement
reflects the Municipality’s operating budget only and excludes year to date expenditures
for the consolidated hall/arena boards. Year to date expenditures as of June 30, 2016
totalled $43,701,847 which represents 98.6% of the budget as of the end of the second
quarter. Year to date revenues totalled $68,492,636 which represents 102.5% of the
budget as of the end of the second quarter.
2.2 Attachment 1 is intended to provide an indication of the status of the Municipality’s
operating accounts compared to the approved budget as of June 30, 2016. Many of the
departments are affected by high levels of activity during specific times of the year.
Some activities are seasonal in nature, such as ice rentals and winter control, which result
in a fluctuation of the timing of the recognition of revenues and expenses. The budget is
allocated monthly based on the prior year actual monthly distribution. Where there is no
prior year history, the monthly allocation is divided equally over the year. While this is the
best method available to be reflective of seasonal trends, some municipal activities have
significant variations from year to year, such as the Legal and Planning Services
activities. Due to the timing differences that occur throughout the accounts, this
statement cannot be used in isolation.
2.3 As of June 30, 2016, the operating budget is on target. Revenues exceed the
expenditures. The positive net position is higher than budgeted at 110.2%. Monthly trial
balance reports are sent to each department for regular review. Revenues and
expenditures that have a variance either above or below budget that are noteworthy are
discussed in this report.
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Municipality of Clarington
Report FND-013-16 Page 3
2.4 The CAO’s office net expenditures are at 101.3% at the end of the second quarter. The
higher revenues and expenditures offset each other and can be attributed to the Port
Granby activities.
2.5 Corporate Services net expenditures are at 99.3% as of June 30, 2016. Advertising
revenues are higher as of the second quarter budget.
2.6 The Clerk’s department net expenditures are 98.6% at the end of the second quarter.
Revenues are higher than budgeted at 123.7%. There are a variety of budget variances
within the Clerk’s department. Most significantly, increased revenues can be attributed to
higher parking revenues and wildlife damage payments from the province. Accordingly
the expenditures are higher for both parking revenue transfers to the reserve fund and
wildlife damage claim payments. Animal licences revenues are lower than budgeted at
only 22.6% of the total 2016 budget as of June 30, 2016.
2.7 Finance and Unclassified net expenditures are at 103.2% as of June 30, 2016. The
Unclassified expenditures are higher than budgeted due to an increase in taxes written
off. There have been some large vacancy rebates for retail properties.
2.8 Emergency Services net expenditures are 97.4% at the end of the second quarter.
Emergency call revenues are unbudgeted and are offset by a corresponding expense
which transfers this revenue to the reserve fund. The increase in the revenues and
expenditures can be attributed mainly to these transactions. There are some
expenditures in prevention and suppression below budget but could be attributed to
timing of fire activities which can vary year to year.
2.9 Engineering net expenditures are 78.5% as of June 30, 2016 budget. This can be
attributed to the higher revenues in building inspections and building permits. At the end
of the second quarter, building permit revenues were at $1,314,395 or 99.4% of the total
2016 budget. The higher expenditures are mainly due to the corresponding transfer of
inspection fees to the reserve fund. Some expenditures are below budget as of June 30,
2016 however there can be timing differences from year to year.
2.10 Operations net expenditures are at 90.4% at the end of the second quarter budget.
Higher revenues such as entrance and culvert fees as well as the recovery of winter and
spring maintenance costs of unassumed subdivisions have improved the net
expenditures. Note that fleet costs are not completed until year end.
2.11 Boards and agencies are on budget for 2016. The increase is due to capital budget
transfers to the library approved in prior years. This is offset by a non-departmental
revenue transfer from reserve fund from a previous commitment.
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Municipality of Clarington
Report FND-013-16 Page 4
2.12 Attachment 2, Continuity of Taxes Receivable for the six months ending June 30, 2016
provides the status of the taxes billed and collected by the Municipality during this time. A
total of $38,827,945 in interim tax bills and $34,113,778 in final tax bills were issued to
property owners in the Municipality during the second quarter. At the end of June 2016, a
total of $10,859,692 remains unpaid compared to June 2015 taxes receivable of
$11,569,410. The net balance is $709,718 lower or 6.1% lower than the previous year at
this time. The ongoing collection efforts continue to hold the line on the balance of taxes
outstanding.
2.13 Attachment 3, Investments Outstanding as of June 30, 2016 provides the status of the
Municipality’s general, capital, and reserve fund investment holdings at the end of second
quarter of 2016. The Municipality at June 30, 2016 holds $0 in general fund investments,
$0 in capital fund investments, $9,291,097.89 in Development Charge reserve fund
investments and $46,620,650.60 in reserve fund investments. General fund investments
are short term in nature and timed to mature when funds will be required. Investments
held in the Municipality’s portfolio are assessed on an ongoing basis to ensure they meet
the requirements of section 418 of the Ontario Municipal Act, Ontario Regulation 438/97
and the Municipality’s investment policy. Currently, the general fund investments are held
in the Municipality’s general bank account as the interest rate on the account continues to
be more favourable than money market instruments because of continuing low interest
environment. Council has approved participation in the ONE Fund high interest savings
account. This will take affect in September 2016 in order to diversify general fund
investments. The short term interest rates and current cash flow needs are reviewed on a
regular basis. Clarington investments are very conservative in nature and only high
quality investments are chosen as per the policy.
2.14 Attachment 4, Debenture Repayment Schedule provides the status of the Municipality’s
long term debt obligations as of January 1, 2016. The Municipality will have
approximately $17,939,983.42 in outstanding debt as of January 1, 2017. The debenture
for the Courtice Library has yet to be issued by the Region but will be issued later in 2016.
The Region debentures are issued based on the needs of the Region and all the lower
tiers, therefore the timing can be delayed due to others needs. For 2016, the debt
repayment obligations of $3,835,430.44 have been included in the 2016 budget. The
Courtice Library debenture payments are estimated for the budget. The annual principal
and interest payments required to service these liabilities are well within the annual debt
repayment limits prescribed by the Ministry of Municipal Affairs and Housing.
2.15 Attachment 5, Municipal Development Charges as of June 30, 2016 provides the
Municipal Development charges collected separated into residential and non-residential.
As of June 30, 2016, Residential Municipal Development Charges collected are
$7,856,453.27. In the recent 2015 Development Charges Background Study, it is
forecasted that the Municipality would be collecting approximately 927 residential units in
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Municipality of Clarington
Report FND-013-16 Page 5
total for 2016 or about 77 units per month. For 2016 budget considerations, the figure of
600 units (50 units per month) was used for the year. At the end of June 2016, there
were 604 residential units. Compared to the same period the previous year there was
29.67% increase in development charges collected and a 14.39% increase in the number
of units. In the 2015 Development Charges By-law 2015-035, there are some incentives
to encourage multi-residential development in Clarington. In January 2016, a credit of
$413,822.26 was given to a mid-rise residential development at 105 Queen Street in
Bowmanville. This incentive must be funded from non-development charge sources in
2016. A budget will be proposed in 2017 for future incentives.
2.16 As of June 30, 2016, Non-Residential Municipal Development Charges collected are
$53,658.51. Compared to the same period the previous year there was 66.06% decrease
in development charges collected and a 175% increase in the number of units. Non-
residential development charges are based on the area in square meters rather than per
unit cost so it can be expected to have significant variances from one year to another. In
the 2015 Development Charges By-law 2015-035, there are a number of incentives to
encourage development in Clarington. Previous incentives were reported in the previous
financial update report. In April 2016, a credit of $1,470.67 was given to a development
at 70 Mearns Court in Bowmanville under the existing industrial development incentive.
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that the second quarter of 2016 financial update report be
received for information.
5. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by:
Nancy Taylor, BBA., CPA, CA Curry Clifford, MPA, CMO
Director of Finance/Treasurer Interim CAO
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Municipality of Clarington
Report FND-013-16 Page 6
Staff Contact: Nancy Taylor, Director of Finance, 905-623-3379 ext. 2602 or
ntaylor@clarington.net
Attachments:
Attachment 1 – Summary of Operating Revenues and Expenditures
Attachment 2 – Continuity of Taxes Receivable
Attachment 3 – Investments Outstanding
Attachment 4 – Debenture Repayment Schedule
Attachment 5 – Municipal Development Charges
There are no interested parties to be notified of Council’s decision.
NT/hjl
97
The Municipality of Clarington
Summary of Operating Expenditures and Revenues for the Six Months ending June 30, 2016
Attachment 1
for FND-013-16
2016 Budget
YTD
2016 Actual
YTD
2016 YTD
Unexpended
$
2016 YTD
Expended
%
2015 Budget
YTD
2015 Actual
YTD
2015 YTD
Unexpended
$
2016 Qtr 2
YTD Budget
2016 Qtr 2
YTD Actuals
Qtr %
Expended
2016 Total
Budget
2016 % of
Annual
Budget
Spent
05 Non-departmental Accounts
Municipal Taxation (including BIA)(55,270,509)(55,586,236)315,727 100.6%(52,637,756)(52,913,470)275,714 (29,118,973)(30,352,520)104.2%(55,890,029)99.5%
Other Revenue (1,053,900)(1,079,657)25,757 102.4%(1,511,707)(1,643,796)132,089 (976,970)(961,082)98.4%(1,646,289)65.6%
Contributions (5,839,274)(5,548,796)(290,478)95.0%(2,502,988)(5,137,370)2,634,382 (5,839,274)(4,955,201)84.9%(5,839,274)95.0%
Revenue/Taxation/Contributions (62,163,683)(62,214,689)51,006 100.1%(56,652,451)(59,694,636)3,042,185 (35,935,217)(36,268,803)100.9%(63,375,592)98.2%
Expenditures 199,200 199,200 0 100.0%194,230 194,230 0 0 0 199,200 100.0%
Net Expenditures (61,964,483)(62,015,489)51,006 100.1%(56,458,221)(59,500,406)3,042,185 (35,935,217)(36,268,803)100.9%(63,176,392)98.2%
10 Mayor and Council
Net Expenditures 470,015 456,628 13,387 97.2%439,104 445,462 (6,358)260,875 251,320 96.3%908,605 50.3%
13 Administrator's Office
Revenue/Recoveries (26,154)(66,377)40,223 253.8%(42,106)(59,494)17,388 (26,149)(140)0.5%(85,500)77.6%
Expenditures 349,049 393,557 (44,508)112.8%341,129 377,937 (36,808)176,486 218,494 123.8%746,676 52.7%
Net Expenditures 322,895 327,180 (4,285)101.3%299,023 318,443 (19,420)150,337 218,354 145.2%661,176 49.5%
14 Legal Administration
Revenue/Recoveries (40,443)(30,089)(10,354)74.4%(39,818)(59,530)19,712 (20,808)(20,035)96.3%(69,000)43.6%
Expenditures 209,253 212,114 (2,861)101.4%188,563 216,329 (27,766)121,673 104,868 86.2%417,659 50.8%
Net Expenditures 168,810 182,025 (13,215)107.8%148,745 156,799 (8,054)100,865 84,833 84.1%348,659 52.2%
16 Corporate Services
Revenue/Recoveries (40,356)(69,733)29,377 172.8%(76,126)(63,518)(12,608)(20,181)(17,109)84.8%(189,200)36.9%
Expenditures 2,838,290 2,849,146 (10,856)100.4%2,334,413 2,266,411 68,002 1,724,061 1,773,246 102.9%4,930,326 57.8%
Net Expenditures 2,797,934 2,779,413 18,521 99.3%2,258,287 2,202,893 55,394 1,703,880 1,756,137 103.1%4,741,126 58.6%
19 Clerk's
Revenue/Recoveries (323,912)(400,778)76,866 123.7%(297,759)(448,677)150,918 (181,084)(235,429)130.0%(708,900)56.5%
Expenditures 1,560,974 1,620,355 (59,381)103.8%1,402,280 1,517,391 (115,111)907,063 924,426 101.9%3,074,911 52.7%
Net Expenditures 1,237,062 1,219,577 17,485 98.6%1,104,521 1,068,714 35,807 725,979 688,997 94.9%2,366,011 51.5%
21 Finance & Unclassified Administration
Revenue/Recoveries (674,031)(700,156)26,125 103.9%(777,153)(689,170)(87,983)(347,433)(360,563)103.8%(1,564,000)44.8%
Unclassified Admin & CBOT 1,861,768 1,965,425 (103,657)105.6%1,951,661 1,851,794 99,867 1,558,901 1,671,455 107.2%2,512,726 78.2%
Operating Expenditures 1,227,501 1,226,532 969 99.9%1,112,174 1,120,618 (8,444)665,308 666,475 100.2%2,407,015 51.0%
Expenditures 3,089,269 3,191,957 (102,688)103.3%3,063,835 2,972,412 91,423 2,224,209 2,337,930 105.1%4,919,741 64.9%
Net Expenditures 2,415,238 2,491,801 (76,563)103.2%2,286,682 2,283,242 3,440 1,876,776 1,977,367 105.4%3,355,741 74.3%
98
The Municipality of Clarington
Summary of Operating Expenditures and Revenues for the Six Months ending June 30, 2016
Attachment 1
for FND-013-16
2016 Budget
YTD
2016 Actual
YTD
2016 YTD
Unexpended
$
2016 YTD
Expended
%
2015 Budget
YTD
2015 Actual
YTD
2015 YTD
Unexpended
$
2016 Qtr 2
YTD Budget
2016 Qtr 2
YTD Actuals
Qtr %
Expended
2016 Total
Budget
2016 % of
Annual
Budget
Spent
28 Emergency Services - Fire
Revenue/Recoveries (29,094)(94,212)65,118 323.8%(29,107)(56,257)27,150 (15,120)(45,710)302.3%(80,000)117.8%
Expenditures 6,168,962 6,073,717 95,245 98.5%5,640,651 5,887,153 (246,502)3,519,356 3,482,445 99.0%11,815,340 51.4%
Net Expenditures 6,139,868 5,979,505 160,363 97.4%5,611,544 5,830,896 (219,352)3,504,236 3,436,735 98.1%11,735,340 51.0%
32 Engineering Services
Revenue/Recoveries (542,829)(1,645,377)1,102,548 303.1%(661,902)(1,005,671)343,769 (332,294)(607,751)182.9%(1,381,500)119.1%
Debenture Payments 442,539 442,539 0 100.0%522,189 433,608 88,581 0 0 528,771 83.7%
Operating Expenditures 4,614,468 4,748,042 (133,574)102.9%4,154,647 4,272,892 (118,245)3,776,636 3,953,025 104.7%6,536,575 72.6%
Expenditures 5,057,007 5,190,581 (133,574)102.6%4,676,836 4,706,500 (29,664)3,776,636 3,953,025 104.7%7,065,346 73.5%
Net Expenditures 4,514,178 3,545,204 968,974 78.5%4,014,934 3,700,829 314,105 3,444,342 3,345,274 97.1%5,683,846 62.4%
36 Operations
Revenue/Recoveries (264,065)(429,740)165,675 162.7%(184,924)(335,333)150,409 (217,695)(362,815)166.7%(677,300)63.4%
Operating Expenditures 8,448,772 8,132,539 316,233 96.3%7,452,718 8,346,349 (893,631)4,869,947 5,328,240 109.4%15,840,827 51.3%
Fleet & Debenture Payments 731,904 360,182 371,722 49.2%804,401 481,222 323,179 291,106 213,154 73.2%1,090,643 33.0%
Expenditures 9,180,676 8,492,721 687,955 92.5%8,257,119 8,827,571 (570,452)5,161,053 5,541,394 107.4%16,931,470 50.2%
Net Expenditures 8,916,611 8,062,981 853,630 90.4%8,072,195 8,492,238 (420,043)4,943,358 5,178,579 104.8%16,254,170 49.6%
42 Community Services
Revenue/Recoveries (2,562,208)(2,636,718)74,510 102.9%(2,452,268)(2,576,816)124,548 (789,043)(775,700)98.3%(4,694,600)56.2%
Operating Expenditures 5,628,364 5,617,853 10,511 99.8%5,073,083 5,025,539 47,544 3,266,444 3,353,699 102.7%10,900,097 51.5%
Debenture Payments 2,933,102 2,933,102 0 100.0%3,105,368 2,899,209 206,159 0 0 3,104,458 94.5%
Annual Grants & Sponsorships 113,800 97,500 16,300 85.7%100,000 77,205 22,795 103,800 87,500 84.3%115,000 84.8%
Expenditures 8,675,266 8,648,455 26,811 99.7%8,278,451 8,001,953 276,498 3,370,244 3,441,199 102.1%14,119,555 61.3%
Net Expenditures 6,113,058 6,011,737 101,321 98.3%5,826,183 5,425,137 401,046 2,581,201 2,665,499 103.3%9,424,955 63.8%
50 Planning Services
Revenue/Recoveries (166,332)(204,767)38,435 123.1%(200,598)(172,148)(28,450)(62,437)(124,215)198.9%(436,000)47.0%
Expenditures 2,557,673 2,303,416 254,257 90.1%2,306,816 2,162,225 144,591 1,790,866 1,565,240 87.4%4,141,092 55.6%
Net Expenditures 2,391,341 2,098,649 292,692 87.8%2,106,218 1,990,077 116,141 1,728,429 1,441,025 83.4%3,705,092 56.6%
BOARDS & AGENCIES
Net Expenditures 3,985,345 4,070,000 (84,655)102.12%3,963,928 4,044,769 (80,841)2,149,531 2,235,498 104.0%3,991,671 102.0%
TOTAL OPERATING:
Revenue/Recoveries (66,833,107)(68,492,636)1,659,529 102.5%(61,414,212)(65,161,250)3,747,038 (37,947,461)(38,818,270)102.3%(73,261,592)93.5%
Expenditures 44,340,979 43,701,847 639,132 98.6%41,087,355 41,620,343 (532,988) 25,182,053 25,829,085 102.6%73,261,592 59.7%
Net Difference (22,492,128)(24,790,789)2,298,661 110.2%(20,326,857)(23,540,907)3,214,050 (12,765,408)(12,989,185)101.8%0
99
CORPORATION OF THE MUNICIPALITY OF CLARINGTON Attachment 2 to
Continuity of Taxes Receivable Report FND-013-16
for the Second Quarter of the Year 2016
March 31, 2016
Beginning Balance
Receivable
Interest
Added Taxes Billed Balance
Payments and
Adjustments
**
June 2016 June 2015
Current Year
Taxes (8,170,762) 72,941,733 64,770,971 (57,808,508) 6,962,463 7,610,163
Penalty and Interest 23,390 153,422 176,812 (96,556) 80,256 88,487
First Prior Year
Taxes 3,644,543 - 3,644,543 (1,149,389) 2,495,155 2,583,320
Penalty and Interest 215,739 116,874 332,613 (146,971) 185,642 183,028
Second Prior Year
Taxes 1,122,909 - 1,122,909 (408,372) 714,536 724,805
Penalty and Interest 101,590 33,262 134,852 (58,040) 76,813 72,284
Third and Prior Years
Taxes 304,231 - 304,231 (99,778) 204,453 198,313
Penalty and Interest 141,650 9,878 151,528 (11,153) 140,375 109,011
Total (2,616,710) 313,436 72,941,733 70,486,931 (59,778,767) 10,859,692 11,569,410
*** Includes refunds, write-offs, 357's, etc.
NOTES:
2016 Interim Instalment months (for all classes): February and April
2016 Final Instalment months (for non-capped classes): June and September
2016 Final Instalment months (for capped classes): August and September
100
Attachment 3 to
Municipality of Clarington Report FND-013-16
Investments Outstanding
As at June 30, 2016
Issuer Type Rating
Purchase
Date Cost
Interest
Rate
Maturity
date Maturity
General Fund
General Fund total:- -
Capital Fund
Capital Fund total:- -
Non development charge monies (including Strategic Capital)
Manulife Bank GIC HM 20-Sep-11 2,000,000.00 2.60%20-Sep-16 2,273,876.11
RBC GIC H 22-Jun-16 42,293.00 0.70%22-Sep-16 42,366.00
BMO coupons L 15-Mar-12 213,067.68 2.61%28-Sep-16 239,375.00
Tangerine GIC H 01-Oct-12 1,819,048.00 2.35%03-Oct-16 1,996,160.91
Manulife Bank GIC HM 02-Dec-11 2,000,000.00 2.71%02-Dec-16 2,286,091.67
Manulife Bank GIC HM 19-Mar-12 1,693,000.00 2.88%19-Mar-17 1,951,224.70
BMO coupons L 15-Mar-12 159,396.18 2.86%28-Mar-17 183,615.00
RBC GIC H 01-May-13 1,000,000.00 2.10%01-May-17 1,086,683.24
BMO coupons L 15-Mar-12 196,287.25 2.92%28-Sep-17 230,141.00
BNS GIC H 30-Oct-12 1,884,365.00 2.50%30-Oct-17 2,131,986.04
HSBC GIC H 21-Dec-12 1,121,354.00 2.40%21-Dec-17 1,262,352.30
National Bank GIC M 12-Feb-13 1,927,464.00 2.45%12-Feb-18 2,175,434.89
Tangerine GIC H 25-Mar-13 1,254,427.00 2.40%26-Mar-18 1,412,449.93
HSBC GIC H 13-May-13 321,079.00 2.25%14-May-18 358,862.84
BNS GIC H 03-Jun-13 1,499,069.00 2.30%03-Jun-18 1,679,576.51
RBC GIC H 30-Jul-13 2,341,277.00 2.60%30-Jul-18 2,661,886.92
Tangerine GIC HM 10-Aug-15 672,368.00 1.60%10-Aug-18 705,160.80
BMO GIC H 30-Sep-13 1,174,214.00 2.90%01-Oct-18 1,354,748.00
Prov NB coupons H 27-Jun-13 248,068.78 2.59%03-Dec-18 285,071.00
101
Attachment 3 to
Municipality of Clarington Report FND-013-16
Investments Outstanding
As at June 30, 2016
Issuer Type Rating
Purchase
Date Cost
Interest
Rate
Maturity
date Maturity
RBC GIC H 11-Mar-14 1,084,844.00 2.50%11-Mar-19 1,227,401.41
RBC GIC H 17-Mar-14 1,000,000.00 2.50%18-Mar-19 1,131,408.21
Tangerine GIC H 02-May-14 1,000,000.00 2.60%02-May-19 1,139,019.14
BMO GIC H 17-Aug-14 830,000.00 2.41%19-Aug-19 935,015.04
BNS GIC H 12-Sep-14 1,037,127.00 2.46%12-Sep-19 1,171,126.20
Manulife Bank GIC HM 23-Sep-14 789,343.56 2.50%22-Sep-19 893,069.79
Tangerine GIC H 02-Dec-14 1,191,382.00 2.56%02-Dec-19 1,351,889.19
Tangerine GIC H 18-Dec-14 1,045,809.00 2.56%18-Dec-19 1,186,704.08
BNS GIC H 01-Jun-15 1,500,632.00 2.10%01-Jun-20 1,664,956.59
RBC GIC H 11-Aug-15 1,741,656.00 1.95%11-Aug-20 1,918,220.51
BMO GIC H 11-Aug-15 2,000,000.00 1.95%11-Aug-20 2,202,754.75
BNS GIC H 28-Sep-15 708,582.00 2.10%29-Sep-20 786,174.27
BMO GIC H 15-Oct-15 621,864.00 2.15%15-Oct-20 691,651.42
BMO GIC H 10-Dec-15 1,500,000.00 2.20%10-Dec-20 1,672,421.48
BNS GIC H 10-Dec-15 1,500,000.00 2.32%10-Dec-20 1,682,263.09
BNS GIC H 10-Dec-15 1,976,951.00 2.32%10-Dec-20 2,220,381.86
HSBC GIC H 18-Dec-15 1,182,689.00 2.25%18-Dec-20 1,321,865.11
HSBC GIC H 29-Mar-16 195,399.00 2.18%29-Mar-21 217,646.57
HSBC GIC H 02-May-16 1,001,980.00 2.15%03-May-21 1,114,256.16
Prov BC Bond H 11-Dec-13 2,369,685.75 2.70%18-Dec-22 2,425,000.00 (A)
Prov Manitoba Bond H 23-Nov-15 775,928.40 2.45%02-Jun-25 780,000.00 (A)
NON D/C Total: 46,620,650.60 52,050,287.73
102
Attachment 3 to
Municipality of Clarington Report FND-013-16
Investments Outstanding
As at June 30, 2016
Issuer Type Rating
Purchase
Date Cost
Interest
Rate
Maturity
date Maturity
Development charge funds
ONE FUND Bond NR 08-Aug-00 3,881,780.89 n/a 3,881,780.89 (B)
ONE FUND Equity NR 31-Jan-07 500,000.00 n/a 500,000.00 (B)
RBC GIC H 07-Jun-16 143,426.00 0.70%05-Dec-16 143,923.87
BNS GIC H 20-Dec-13 1,062,541.00 2.03%20-Dec-16 1,128,572.22
National Bank GIC HM 20-Dec-13 1,300,000.00 2.75%20-Dec-18 1,488,855.35
Prov Ontario Bond H 19-Dec-13 2,403,350.00 2.85%02-Jun-23 2,500,000.00 (A)
DC Total: 9,291,097.89 9,643,132.33
Total Investments 55,911,748.49$ 61,693,420.06$
Note that interest is annual compounding with the exception of the following:
(A) Bond interest is paid semi-annually (B) Pooled Investment Fund
103
Attachment 4 of
Muncipality of Clarington Report FND-013-16
Debenture Repayment Schedule
As of January 1, 2016
Year
South Courtice
Arena
Indoor Soccer
Lacrosse
RRC CCD
space
Green Road Grade
Separation
Newcastle
Library
Courtice
Library
(estimated)
Newcastle
Aquatic Total
2016 1,073,850.10 162,519.91 105,147.42 528,770.77 103,201.88 99,000.00 1,762,940.36 3,835,430.44
2017 1,069,666.77 163,532.59 105,047.39 534,406.77 103,787.14 101,000.00 1,761,701.91 3,839,142.57
2018 164,093.85 104,942.45 538,772.66 106,787.14 103,000.00 1,759,687.50 2,777,283.60
2019 165,174.58 104,831.80 541,802.38 109,787.14 105,000.00 1,757,651.34 2,784,247.24
2020 164,755.07 104,715.46 538,416.38 112,787.14 107,000.00 1,604,355.98 2,632,030.03
2021 163,863.49 104,593.15 546,623.02 115,000.00 109,000.00 1,054,141.30 2,093,220.96
2022 163,542.75 546,559.49 117,000.00 111,000.00 1,006,711.96 1,944,814.20
2023 162,800.11 546,276.36 119,000.00 113,000.00 941,076.47
2024+160,675.42 3,239,406.27 847,000.00 4,247,081.69
2,143,516.87 1,470,957.77 629,277.67 7,561,034.10 887,350.44 1,695,000.00 10,707,190.35 25,094,327.20
Principal at
January 1, 2016 2,096,000.00 1,298,000.00 547,654.27 6,047,600.00 671,000.00 990,000.00 9,421,000.00 21,071,254.27
Principal at
January 1, 2017 1,057,000.00 1,167,000.00 467,583.43 5,695,600.00 602,000.00 910,800.00 8,040,000.00 17,939,983.43
Interest Rates 2.00% to 2.25%1.35% to 3.35%5.12%1.35% to 3.8%4.9% to 5.2%4.5% to 4.75%
NOTE: 2018 Newcastle library requires renewal of debenture for a further 5 year period unless funding
is available from other sources. Partial funding at those times would reduce debenture
burden for following 5 year period. An estimate is provided based on a further five year extension
104
Municipality of Clarington Attachment 5 to
Report FND-013-16
RESIDENTIAL
Municipal Development
Charges Paid
Number
of Units
Municipal Development
Charges Paid
Number of
Units
Single/Semi- Detached
-New construction 4,411,294.00$ 280 4,332,774.00$ 285
-Additions 15,985.00$ 1 172.10$ 1
Townhouse 2,273,872.00$ 184 247,786.00$ 19
Apartment 1,155,302.27$ 139 1,478,093.00$ 223
TOTAL:7,856,453.27$ 604 6,058,825.10$ 528
Change in DC paid from prior year:29.67%
Change in DC units from prior year:14.39%
Noted DC Incentives under By-law 2015-035
105 Queen Street, Bowmanville Jan-16 413,822.26$ Mid-Rise
Residential
NON-RESIDENTIAL
Municipal Development
Charges Paid
Number
of Units
Municipal Development
Charges Paid
Number of
Units
Commercial 8,120.82$ 1
-New construction 48,993.31$ 2
-Additions -$ 1
Industrial -$ -
-New construction 4,665.20$ 8
-Additions -$ -
Agricultural -$ - -$ -
Government -$ - 145,673.14$ 2
Institutional -$ - 4,286.80$ 1
TOTAL:53,658.51$ 11 158,080.76$ 4
Change in DC paid from prior year:-66.06%
Change in DC units from prior year:175.00%
Noted DC Incentives under By-law 2015-035:Date Value of Incentive
222 King Street East, Bowmanville Jul-15 110,671.30
Medical
Exemption
21 King Avenue East, Newcastle Oct-15 3,636.08$ Revitalization
222 Baseline Road East, Bowmanville Feb-16 13,279.78$ Existing
Industrial
Development
28 King Avenue East, Newcastle Feb-16 937.96$ Small
Business
Expansion
70 Mearns Court, Bowmanville Apr-16 1,470.67$ Existing
Industrial
Development
MUNICIPAL DEVELOPMENT CHARGES
January to June YTD
2016 2015
2016 2015
105
Legal 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 Government Committee
Date of Meeting: September 26, 2016
Report Number: LGL-004-16
File Number: Department File #L2030-05-31 By-law Number:
Report Subject: Kawartha Pine Ridge District School Board – Ontario Street School
Victoria St. (unopened road allowance)
Recommendations:
1.1 That Report LGL-004-16 be received;
1.2 That Council pass the by-law attached to this Report (Attachment 6) in order to close
the unopened portion of Victoria Street described as Part 1 on 40R-29342;
1.3 That Part 1 on 40R-29342 be conveyed to the Kawartha Pine Ridge District School
Board for nominal consideration subject to the conditions set out in this Report; and
1.4 That the Kawartha Pine Ridge District School Board be advised of the Municipality’s
decision.
106
Municipality of Clarington Page 2
Report LGL-004-16
Report Overview
Ontario Street Public School closed in the fall of 2013. The Kawartha Pine Ridge
District School Board has declared the property surplus to its needs and has entered
into an agreement to transfer it to the French-language Public District School Board,
Conseil Scolaire Viamonde. Due to an oversight by the Board when title to the property
was supposed to have been corrected in 1984, a portion of the Victoria Street unopened
road allowance, which runs through the middle of the site, remains in the name of the
Municipality. Staff are recommending that title to the property be corrected through the
closure and conveyance of this portion of the unopened road allowance.
2. Background
2.1 In Report PSD-009-16 (January 11, 2016), the Planning Services Department
provided background respecting the status of the Ontario Street Public School
property and specifically an unopened portion of the Victoria Street road
allowance that runs through the property. Attachment 1 (Location Map) shows
the school site and the road allowance that runs through it.
2.2 Subsequent to the preparation of Report PSD-009-16, the lawyer for the
Kawartha Pine Ridge District School Board (“KPRDSB”) wrote to the Municipality
and described the circumstances under which title to the property was supposed
to have been corrected in 1984. A copy of this letter dated July 19, 2016 (without
attachments) is attached to this Report (Attachment 2).
3. Discussion
3.1 Essentially, we now need to correct what was supposed to have been corrected
in 1984 by closing and conveying the portion of road allowance shown in
Attachment 1.
3.2 Staff support the closure and conveyance because it corrects a title problem that
has existed for several decades, subject to the following 3 conditions:
(a) The Municipality will retain ownership of the portion of the unopened road
allowance that has been improved for use as a bus bay on Ontario Street
in the location shown on the site plan dated December 1997 (now
identified as Part 2 on Plan 40R-29342).
107
Municipality of Clarington
Report LGL-004-16 Page 3
(b) The Board must convey to the Municipality the remainder of the land that
has been improved for use as a bus bay on Ontario Street that is identified
as Parts 1 and 2 on Plan 10R-3670 (Attachment 5).
(c) The Board must bear the costs of the preparation and registration of all
documents including the reference plan.
3.3 In order for the transaction to be completed, Council must officially close by by-
law the portion of the Victoria Street road allowance between Ontario Street and
Duke Street (shown as Part 1 on Plan 40R-29342). Attachment 6 to this Report
is the form of by-law required.
4. Concurrence
4.1 The Director of Planning Services and the Director of Engineering Services have
reviewed this Report and concur with the recommendations.
5. Conclusion
5.1 In order for the KPRDSB to transfer the Ontario Street Public School lands to the
French School Board, it is necessary for the Municipality to correct a decades old
title problem. Staff respectfully recommend that the necessary by-law be passed.
6. Strategic Plan Application – not applicable
Submitted by: Reviewed by:
Andrew C. Allison, B. Comm, LL.B Curry Clifford, MPA, CMO
Municipal Solicitor Interim CAO
Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net
108
Municipality of Clarington
Report LGL-004-16 Page 4
Attachments:
Attachment 1 – Location Map
Attachment 2 – Letter dated July 19, 2016 from LLF Lawyers.
Attachment 3 – 1997 Site Plan
Attachment 4 – Reference Plan 40R-29342
Attachment 5 – Reference Plan 10R-3670
Attachment 6 – Proposed By-law
The following is a list of interested parties to be notified of Council’s decision:
Peter Lawless, LLF Lawyers (solicitors for Kawartha Pine Ridge District School Board)
109
ATTACHMENT NO. 1
LGL-004-16
Location Map
110
ATTACHMENT NO. 2
LGL-004-16
LAWYERS
Pete La wless
plawless@llf.ca
(705) 742-1674
Ext 212
July 19, ·2016
Municipality of Clarington
40 Temperance Street
Bowmanville ON L 1 C 3A6
Attention: Andrew Allison, City Solicitor
Dear Sir:
Re: Ontario Street Public School in the former Town of Bowmanville
We have been retained by the Kawartha Pine Ridge District School Board (the "Board" or
"KPR") in connection with the matters relating to the above-noted school. As you are aware, a
portion of Victoria Street established by John Grant's Plan of Part of Lot 11, Concession 1 in the
former Town of Bowmanville runs through the property occupied by the Board that is known as the
Ontario Street Public School. The school is now closed and the Board is dealing with an offer from
the French-language Public District School Board, Conseil Scolaire Viamonde ("CSV''), who wish to
operate an elementary school on the property. CSV's offer requires KPR to obtain title to that
portion of Victoria Street that runs through the school site. For your reference, I am enclosing a
Property Index Map that shows the school site and Victoria Street.
It is my understanding that a school has existed on at least a portion of the current school
site since approximately 1889. However, the existing building, which was constructed entirely
across Victoria Street, was erected in 1949. Two additions were constructed in 1951 and 1962. I
am enclosing a Site Plan showing the 1949 building and the two additions.
The school property is comprised of two parcels identified as PIN 26638-0061 (LT) and
PIN 26638-0062 (LT). The first parcel, which is on the northwest side of Victoria Street, was
acquired by a Deed registered on April 1 O, 1889 from Catharine Bickell et al. to The Bowmanville
Public School Board. The second parcel, which is on the southeast side of Victoria Street, was
originally acquired by The Corporation of the Town of Bowmanville in 1946. It is obvious that these
lands were acquired by the municipality for the purposes of constructing the present school
building in 1949. In my experience, prior to the creation of regional school boards, it was common
for municipal corporations to acquire and hold title to properties used for school purposes on behalf
of the local school board.
Title to a large portion of the school site remained registered in the name of the Town until
1984, when a survey of a portion of the school site revealed that the registered owners were a Mr.
Wilcox and the Town. Brooks, Harrison, Mann & Associates, the solicitors for the Board, arranged
for the registration of a Quit Claim Deed from the estate of Gordon MIiton Wilcox to The
Northumberland and Newcastle Board of Education, the successor of the Bowmanville Public
332 Aylm er St. N., P.O . Box 1146
Peterborough, ON K9J 7H4
T: 705.742.1674
F: 705.742.4677 II E: info@llf.ca
ww w.llf.ca
111
'.'
-2-
School Board. In addition, Brooks, Harrison, Mann & Associates arranged for registration of a
Deed for what was thought to be the balance of the site from The Corporation of the Town of
Newcastle (the successor of the Town of Bowmanville) in favour of The Northumberland and
Newcastle Board of Education. The consideration on the Deed was $2.00 and it recites that "a
school has been situate on the subject property for many years". The by-law authorizing the
conveyance, By-Law 84-117, refers to the transfer as a correcting Deed, which implies that the
lands were acquired for the purposes of a school site and it was intended that the school board
was to be the registered owner of the lands. A copy of the By-Law is enclosed for your reference.
I am enclosing for your reference the reporting letter from Brooks Harrison to the Board
along with the deeds referred to therein. It is clear from the reporting letter that it was intended that
title to the entire school site was to be transferred to the Board. Unfortunately, a survey of the
entire site was not completed and, by inadvertence, the portion of the school site which was
comprised of Victoria Street was not conveyed to the Board. There could be no reason why the
municipality would have treated Victoria Street any differently than the balance of the site,
especially given that the actual school building was situate on Victoria Street since 1949.
In light of the foregoing circumstances, on behalf of our client we wish to request that The
Corporation of the Municipality of Clarington prepare a by-law to stop up and close that portion of
Victoria Street lying between Ontario Street and Duke Street which forms part of the school site,
and authorize execution and delivery of a conveyance of such lands to KPR for nominal
consideration.
I would be grateful if you could attend to this matter at your earliest convenience as the
Board's sale to CSV will be conditional upon obtaining title to Victoria Street.
If you would like to discuss this matter, please do not hesitate contact me.
Yours very truly,
PL:sc
Encls.
112
l'l"I U) • .-1 0 I z g ~ 9 z ....I w C, ::;E ....I
J: u < ~ <
Based on survey by Ivan B. Wallace dated 19th De ce mber 199 7
/ /
AREA= 0.041 +/-ACRES -:
L O T 3 L O T 8 I '·
i
/
VICTORIA STREET ; !! VIClORIA 0 STRffT I v, um I ,·
o (l)1ii '-'.1~ ..
w
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~®ti~~J&llgh~_J§ L O T 4
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Attachment No. 3
to LGL-004-16
113
o::!' 0 z
1- z UJ ~ J: u g
c:(
/
$11 (11»4 ) LOT v
8(1~)
.. !"'"''
'r,·,- !.1./ I • /'\I" L 1..1 1
PART Of V!CTORIASTREET
1610.7
Hf6 14'J0"£4'Z & ID
97,62
VICTORIA STREET (NOT lR Al,,fl L.£0) ~'? PART 1
~ PIN 266 38 -01 15 u~'f
£17.$.2 _ ..
N~ia-JO"E ~·ID ! 100.~2"
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L1...1 I L,.1 I ". PIH ! 26838-0062 ! i
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LOT 2
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PART 1
PLAN 40R -iB56
crw,irs Pl.AH AU. Of 26638-0115
. PART 2. S1JB£CT TO A EASEMENT AS JN INST. No.. N160121.
PLAN OF SURVEY OF PART OF VICTORIA STREET
JOHN GRANT'S PLAN MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM
01.2i .. 11 10 SCALE 1 : 300 M£tRES
IVAN B. W>,1.LA CE O.LS. LTD.
~GENO
dfflot .. SurYe y Monumont found den!)tcs Survey Monument Se t
den o,lfl Sh ort Stcndor d Iron Bar d•notes Stondord Iron Sor denotes tron Sor
den otn Cl.It oeee
.. a SSl8 SB 18 cc
'MT denotes Wi~~s M donotos Measured
P1 den otes Pion 1CR -JS 70 P2 denotes Pion of Survey by Ivon B. Walloce 0.L.S. Ltd .• deted Oec .-n ber' 19th, 1997. (5-2690) \106 denotes M.O. Brown, O.t..S. 1188 4fflotes C.A. Sexton, O.L.S. 1056 denotes llr'fln B. Wall<u:e 0.l..$. Ltd.
BEARING NOlES Bearings oro UTM Grid, deri ved from observed referen ce point, A ond B. by Reol Time Notworic obserwtlons. UTM Zone 17.
NAD83{. CSR $){ 199 7),
For b'f!Onng eom!)(ll'\sons. the fol\awlng rotations were applied:
P1,P2 - 1"35 '10~ eov nter-eloek wls e
DISTANCE NOlES - ME1RI C O!st<l!\«& oM coord!rlalos are In mwes and eon be eonwrted to feet by dividing by 0 . .3048.
Distances ore ground and eon be converted to grid b:,' multlplying by the combined scale factor of 1.00001a
SU RVE YOR 'S CER TIFICA 1E
I CElITF)' 1H.\T:
1. This survey Ofld pion Qfe correct ond ln aec«dance '#ith the
Surve)'3 Act, the Survo)'Or'S: Act, the Land Titles Act ond the reg.Jlotlons mode under them.
2. The S1Jrvey wc:is completed on August tztn. 2016.
September 1, 2016
Dot• Crystc:il Crc.nch, 0.LS.
Qb...-..d...,.._po\nUd..w.41romCf'SOONl"'Gtk>n•,nfn,(loR.,;,ITWlo
N•t-1,on d-re f...-.d to Ul!,IZ.....1?(81'w .. tlon4,l tudll} KAOSJ(CSRS)(ti;197).
IV AN B. WALlACE
ON'XARIOu.NDSURVSYORLTD. -- ,,. . 71 JI-. Court, Unit f, 80"'!7on.ii._ O,!i,rlo, llC 4H ' ' p;*-.~~ J t: 505.&23.0tll2 I l.800.Cl6'7.0SH l>ollffl«l ...... _)Q"S,-1
DWG NAM£:. S-11&14-RPU.N OKol.Mf ~ ~ Pl.O T DATE: tanw 1 20111
Attachment No. 4 to LGL-004-16
114
cL.~flLt;;
" ~al
-~ THE CONSUMERS GA;..,C;;;;NY
II !i • ! ::".:c:':..""'..... I .... 90·7460
NELSON STREET '""'' C.A. SEXT<* LIMITED • afTARIO LAN) SIJIVEYORS --------~========================================ala"a.:"""'~=SlllttT~a.: ...... ~~ .. ~ ... ~=-~"~'a1a'"'===-=:aa'===I
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VICTORIA STREET NOT OPEii
I NOT CLOSED BY BY-LAW OR CONVEYED I
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PART DESCRJPTIO~ ""' IIIST,t.. AREA ' ;:·::::;:;,"::a JOHN GRANT'S
,.,,, 120.61111 ' 119174 /M111t ' l'l:~Sll!CT PLAN 49_5 .. z
PLAN OF SIIR'IEY OF PART OF TOWN LOTS 6 a 7, BLOCK 14
PART OF TOWN LOTS 8,9 a 10, BLOCK 17 PART OF VICTORIA STREET
ACCORDING TO JOHN GRANT'S PLAN OF
PART OF LOT 11 IN THE FIRST CONCESSION
IN THE FORMER TOWN OF B.OWMANVILLE
NOW 1N mE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY or DURHAM
C. A. SEXTON , O.L.S. 1990
Scale I: 500
BfARUiGS ARE ASTilONCNIC AND AJIE REfIRRED ltl THE SOOT'HWEST Lu.«T OF ONrARto Sl"R fET • H~ViWG A BU~/KG or H4Z°5Z'o:r"lf, IN AttOROAllCE WITH Pl.AN IO!rl686,
a SllMY MO!U(lfl FOi.iil
0 &.RVtY MONMJlT SET
518 ST.wJA/ID IRON BAR
IB Bl/l BAR
IT illlll TUI£
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SIJIVEY OR'S calTIFICA TE
tCfll'IF'fllllT
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Attachment No. 5 to
LGL-005-16
115
ATTACHMENT NO. 6
LGL-004-16
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2016-XXX
Being a by-law to close and authorize the transfer part of
the original road allowance Victoria Street, Plan Grant,
Bowmanville, between Duke Street and Ontario Street,
being Part 1 on 40R-29342, Municipality of Clarington
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to pass this by-law.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW
OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. That portion of the original road allowance known as Victoria Street, Plan Grant,
Bowmanville, between Duke Street and Ontario Street, being Part 1 on 40R-
29342, Municipality of Clarington, is hereby closed.
2. Part 1 on Plan 40R-29342 shall be conveyed to Kawartha Pine Ridge District
School Board.
3. That the Municipal Solicitor be directed to take all necessary steps to complete
the transaction.
BY-LAW passed this11th day of October, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
116
Legal 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 Government Committee
Date of Meeting: September 26, 2016
Report Number: LGL-005-16
File Number: Department File #2010-08-25 By-law Number:
Report Subject: Port Granby Confidentiality Agreement
Recommendations:
1.1 That Report LGL-005-16 be received; and
1.2 That Council authorize the Mayor and the Clerk to sign the Confidentiality Agreement
attached to this Report (Attachment No. 1).
117
Municipality of Clarington Page 2
Report LGL-005-16
Report Overview
Canadian Nuclear Laboratories Ltd. has requested that the host municipalities execute
a Confidentiality Agreement respecting the Port Hope Area Initiative project. Staff
support the request.
2. Background
2.1 On March 29, 2001, Clarington and Her Majesty The Queen in Right of Canada
(“Canada”), along with the Municipality of Port Hope and the former Township of
Hope, entered into an agreement for the clean-up and long-term safe
management of low-level radioactive waste located within Port Hope and
Clarington (the “Agreement”).
2.2 Under the Agreement, Canada was entitled to establish a “federal operating
agency” to act on its behalf. Such an agency was established in 2012 as the Port
Hope Area Initiative Management Office, which was initially managed by Atomic
Energy of Canada Limited. Subsequently, in November of 2014, the management
of the Port Hope Area Initiative Management Office was transferred to Canadian
Nuclear Laboratories Ltd. (“CNL”).
2.3 The Agreement provides that Clarington and Canada will develop and maintain
communications and professional working relationships throughout the life of the
project and that they will consult and cooperate with each other in order to expedite
the completion of the project.
2.4 In order to facilitate such communications and cooperation, CNL has requested
that the Agreement attached to this Report (Attachment No. 1) be entered into in
order to ensure that all confidential information exchanged during or in relation to
any discussions concerning the project and other matters provided for in the
Agreement are not disclosed to or discussed with third parties, without the other
party’s prior consent.
3. Discussion
3.1 Every agreement that Clarington has entered into with Canada (through its
operating agency) in relation to the project after the original Agreement was
signed has contained confidentiality clauses. Examples include the “Agreement
for the Construction, Maintenance and Use of Municipal Roads for the Port
118
Municipality of Clarington
Report LGL-005-16 Page 3
Granby Project” dated April 11, 2012 and the “Agreement for the Construction,
Maintenance and Use of Lakeshore Road and Nichols Road South for the Port
Granby Project” dated April 25, 2014.
3.2 Individual confidentiality agreements have also been signed to deal with the tender
documentation relating to the Project.
3.3 The Confidentiality Agreement attached to this report (Attachment No. 1) does
two things. First, it removes any uncertainty with respect to documents that
come into our possession relating to the project. Second, it sets out an accurate
description of what our obligation is under the Municipal Freedom of Information
and Protection of Privacy Act respecting information that is supplied to us with an
expectation of confidentiality. It does not make something confidential that is not
otherwise confidential.
3.4 Staff support CNL’s request to enter into the confidentiality agreement.
4. Concurrence
4.1 The Interim CAO has reviewed this report and supports the recommendations.
5. Conclusion
5.1 Strategic Plan Application – not applicable
Submitted by: Reviewed by:
Andrew C. Allison, B. Comm, LL.B Curry Clifford, MPA, CMO
Municipal Solicitor Interim CAO
Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net
Attachment:
Attachment 1 – Proposed Port Granby Confidentiality Agreement
119
Attachment #1 to
Report LGL-005-16
Template Version. 2012-02-14 R0 Page 1 of 5
CONFIDENTIALITY AGREEMENT
THIS AGREEMENT made the day of 2016.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(“CLARINGTON”)
and
CANADIAN NUCLEAR LABORATORIES LTD.,
a company established under the laws of Canada having its main offices in
Chalk River, Ontario (“CNL”)
RECITALS:
A. On March 29, 2001 CLARINGTON and Her Majesty The Queen in Right of Canada (“Canada”),
along with the Municipality of Port Hope, entered into an agreement for the cleanup and long-
term safe management of low-level radioactive waste located within Port Hope and Clarington,
(the “Cleanup Agreement”). This cleanup is known as the Port Hope Area Initiative (PHAI)
project.
B. The Cleanup Agreement provides that CLARINGTON and Canada shall develop and maintain
excellent communications and professional working relationships throughout the life of the PHAI
project (Article 5.2) and they shall consult and cooperate with each other in order to expedite the
completion of the PHAI project (Article 5.4).
C. The Cleanup Agreement also provides that Canada may establish a “Federal Operating Agency”
to act on behalf of Canada to fulfill Canada’s obligations pursuant to the Cleanup Agreement.
Such an agency was established in 2012 as the Port Hope Area Initiative Management Office,
which was initially managed by Atomic Energy of Canada Limited. Subsequently, in November
of 2014, the management of the Port Hope Area Initiative Management Office was transferred to
CNL.
D. To facilitate such communications and cooperation CLARINGTON and CNL wish to ensure that
all confidential information exchanged during or in relation to any discussions concerning the
PHAI project and other matters provided for in the Cleanup Agreement are not disclosed to or
discussed with third parties, without the other party’s prior consent.
NOW THEREFORE, in consideration of the premises and the mutual obligations hereinafter described,
and intending to be legally bound, the parties agree as follows:
1. Definition
120
Confidentiality Agreement
Template Version. 2012-02-14 R0 Page 2 of 5
(a) "Confidential Information" means all or any part of the corporate, strategic, environmental
cleanup and construction plans, drawings, specifications and schedules, and other information
provided by one party to the other in accordance with Paragraph 2, whether disclosed prior to or
after the signing of this Confidentiality Agreement, except that Confidential Information will
exclude information that:
(i) at the time of its disclosure is generally available in the public domain; or
(ii) enters the public domain and becomes generally available at any time after disclosure
other than through an act or omission of the Recipient; or
(iii) the Recipient can demonstrate by competent evidence was already known to it at the time
of its disclosure (except that if portions of such information were not known to it, then
these portions will be Confidential Information); or
(iv) after its disclosure, is disclosed to the Recipient by a third party which third party has the
unrestricted right to make such disclosure to the Recipient; or
(v) the Recipient is forced to disclose to the public or a third party by order of a court,
governmental or regulatory authority having jurisdiction over the Recipient or pursuant
to the application of freedom of information legislation, provided that the Recipient
provides the Discloser with prompt notice of any efforts to compel disclosure and
reasonably co-operates with the Discloser’s lawful attempts to prevent disclosure or to
obtain a protective order;
(b) “Discloser” means the party disclosing Confidential Information; and
(c) “Recipient” means the party receiving Confidential Information.
2. Disclosure of Confidential Information
Confidential Information disclosed in writing or in any other tangible format including computer files
must be marked “Confidential Information” or words to that effect. Confidential Information disclosed
orally must be identified as Confidential Information at the time of its disclosure.
3. Use of Confidential Information
Each party shall only use the other party’s Confidential Information for purposes of discussing the PHAI
project. Confidential Information disclosed by a party shall remain the sole and exclusive property of
such party.
4. Maintenance of Confidentiality
Confidential Information received by a party shall not be disclosed to any individuals other than the
directors, officers, employees, agents, contractors and consultants of such party (and in the case of CNL,
Atomic Energy of Canada Limited and its directors, officers, employees, agents and consultants) who
need access to such Confidential Information for purposes of discussing or carrying out the PHAI project.
Each party shall ensure that such directors, officers, employees, agents, contractors and consultants who
receive access to Confidential Information are aware of the obligations of confidentiality and non-use
121
Confidentiality Agreement
Template Version. 2012-02-14 R0 Page 3 of 5
contained in this Agreement and take all reasonable steps to ensure that the use of such information is on
a confidential basis, including having third party agents, contractors and consultants enter into a similar
written confidentiality agreement that applies to the PHAI project. The parties shall also maintain in
confidence the discussions between them pertaining to the PHAI project.
5. Return of Confidential Information
Upon the request of a party, each party will return to the other all copies of Confidential Information
provided to or made by it; provided, however, that either party may retain an archival copy of all
Confidential Information received by it to document its obligations of nondisclosure and limited use
hereunder. Such archival copies shall continue to be treated as Confidential Information.
6. Rights and Damages
The Discloser and Recipient both acknowledge that any breach of this Agreement by Recipient, its
directors, officers, employees, agents and consultants will be deemed to cause the Discloser irreparable
harm for which damages are not an adequate remedy. Accordingly, each of the Discloser and Recipient
agrees that in the event of any such breach or threatened breach by one of them, the other party, in
addition to other remedies at law or in equity that it may have, shall be entitled, without the requirement
of posting a bond or other security, to seek equitable relief, including without limitation, injunctive relief
or specific performance or both.
7. No Warranty
The Recipient acknowledges and agrees that neither the Discloser nor its representatives makes any
express or implied representation or warranty as to the accuracy or completeness of any Confidential
Information provided to the Recipient. Neither Discloser nor its representatives will be liable to the
Recipient or its representatives with respect to or resulting from the use (or the results of such use) or
misuse of any Confidential Information furnished hereunder or any errors or omissions in such
Confidential Information. However, the Discloser will not intentionally provide the Recipient with false
or misleading information.
8. Notices
Any notices required or permitted under this Agreement shall be in writing and either delivered
personally or by courier to a party or sent by facsimile and shall be effective on the day of receipt of the
notice if received during normal business hours of the addressee, and if not received during such normal
business hours then on the first business day of the addressee after receipt. The addresses of the parties
to which all notices shall be forwarded are as follows:
to : Municipality of Clarington
40 Temperance Street, Bowmanville, ON L1C 3A6
Attention: Chief Administrative Officer
Facsimile: (905) 623-3379
122
Confidentiality Agreement
Template Version. 2012-02-14 R0 Page 4 of 5
to: Canadian Nuclear Laboratories
Port Hope Area Initiative Management Office
115 Toronto Road, Port Hope, ON, L1A 3S4
Attention: Director, Project Delivery and Senior Legal Counsel
Facsimile: (905) 885-9344
10. Agreement Binding
This Agreement is binding upon the parties and their respective subsidiaries, successors and permitted
assigns.
11. No Further Obligations
This Agreement shall not impose any obligations on either party to enter into any further agreements of
any description with the other nor prohibit either party from pursuing, either independently or with any
third party, any business opportunities that the parties may discuss, provided that neither party shall
disclose the other party’s Confidential Information in any such discussions.
12. Assignment
Neither party may assign any of its rights under this Agreement without the prior written consent of the
other party, which consent shall not unreasonably be withheld; provided, however, that either party may
assign any of its rights hereunder, without such consent, to its parent company, its affiliates, or its bank
or other financial institution, and in the case of CNL, to Atomic Energy of Canada Limited. No such
assignment shall relieve the assignor from any of its obligations hereunder.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to Confidential
Information.
14. Governing Law
This Agreement shall be governed by and construed and interpreted in accordance with the substantive
laws of Ontario, without regard to its conflict of laws principles.
15. Severability
If any term of the Agreement shall be held to be illegal, invalid or unenforceable by a court of competent
jurisdiction, the remaining terms hereof shall remain in full force and effect. Each party agrees that this
Agreement embodies the entire understanding between the parties and supercedes any and all prior
arrangements, whether oral or written, entered into by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written
above.
123
Confidentiality Agreement
Template Version. 2012-02-14 R0 Page 5 of 5
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
CANADIAN NUCLEAR
LABORATORIES LTD.
Per:
Per:
Adrian Foster, Mayor
Bryan Tyers
Director, Project Delivery, Port Hope Area
Initiative Management Office
Per: Per:
C. Anne Greentree, Municipal Clerk
Craig Hebert
General Manager, Port Hope Area Initiative
Management Office
124
Agenda Addendum Items
Operations Department
Report
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Municipal Clerk at 905-623-3379 ext. 2102.
Report To: General Government Committee
Date of Meeting: September 26, 2016
Report Number: OPD-010-16 Resolution:
File Number: By-law Number:
Report Subject: Approval of Regional Municipality of Durham Owned Property
Located at 1998 Regional Road 57, in the Municipality of
Clarington, as the Preferred Site to Establish a Municipal
Hazardous and Special Waste Facility
Recommendations:
1. That Report OPD-010-16 be received;
2. That the Resolution in Attachment 3 be endorsed by separate resolution, as
Clarington Council’s requirements for the Clarington Municipal Hazardous and
Special Waste Facility should Regional Council proceed with approving the former
Durham Region Police Service site at 1998 Regional Road 57; and
3. That all interested parties listed in Report OPD-010-16 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report OPD-010-16 Page 2
Report Overview
The purpose of this report is to provide background information to Council respecting the
September 7, 2016 recommendation to the Regional Committee of the Whole to approve the
Regional Municipality of Durham owned property located at 1998 Regional Road 57 in
Clarington (the former Durham Region Police Services site) as the preferred site to establish a
Municipal Hazardous and Special Waste facility, fulfilling the Durham York Energy Centre Host
Community Agreement requirement. The report outlines concerns raised by the Municipality
respecting the Region’s preferred site, and recommends conditions of approval should
Regional Council proceed with approving the Region’s preferred site for development of the
Clarington Municipal Hazardous and Special Waste depot.
1. Background
1.1 Discussions between the Municipality of Clarington (Municipality) and the Regional
Municipality of Durham (Region) respecting waste management service levels and
projected growth in Clarington, and the related need for a residential hazardous waste
drop-off location to support this underserviced area of Durham Region have been on-
going since 2001/2, and initially targeted Clarington Operations Department Depot #42
(178 Darlington-Clarke Townline Road) as a potential location.
1.2 A commitment to provide this important service within Clarington was included in the Host
Community Agreement for the Durham York Energy Centre, dated February 18, 2010. It
states that “Durham shall establish a hazardous waste depot to serve the residents of
Clarington within one (1) year of commissioning the EFW Facility.”
1.3 Region Report #2016-J-7 (February 4, 2016) recommended the Durham Region Police
Service (DRPS) site located on Regional Road 57 north of Highway 2 in Bowmanville as
it was soon to be vacated (Figure 1). This Regionally-owned site is the Region’s
preferred location for the Clarington Municipal Hazardous and Special Waste (MHSW)
depot. As a result of questions raised regarding the proposed location, including the
criteria used for site selection, site size, and site operations, a modified recommendation
was adopted. The recommendation required that Municipal and Region Staff “work
together to find a mutually agreeable site” for the MHSW depot and “subject to the
agreement of all parties to extend the deadline for operation of this facility.”
Municipality of Clarington
Report OPD-010-16 Page 3
Figure 1: Key Plan – Region’s Preferred Clarington MHSW Depot Location
1.4 The Municipality has since provided the Region with seven additional sites in Clarington
for consideration. On September 7, 2016 Region Report #2016-COW -24 recommended
to the Regional Committee of the Whole that the former DRPS site in Bowmanville be
approved as the Region’s preferred site to establish a MHSW depot, stating that it met all
of the Region’s criteria for a new MHSW facility in Clarington. The targeted date for the
commencement of operations is October 1, 2017. Report #2016-COW -24 was tabled to
the next Committee of the Whole meeting, October 5, 2016.
1.5 Clarington residents may drop off MHSW at any of the Region’s waste management
facilities, the closest of which is the Oshawa Waste Management Facility located on
Ritson Road north of Taunton Road in Oshawa. Materials currently accepted at the
Region’s MHSW facilities are found in Attachment 1.
2. Discussion
2.1 Concerns Relating to the Region’s Recommended Preferred Site
It is agreed that Clarington is underserviced by the Region’s existing waste management
facilities for the purpose of waste diversion. However, to date Clarington Staff have not
been informed of how the Region’s preferred location meets all the criteria for the MHSW
Municipality of Clarington
Report OPD-010-16 Page 4
depot. Staff have raised concerns about the siting of the Clarington MHSW depot at the
former DRPS site respecting the following:
• The specific site location in the Bowmanville West Town Centre;
• The potential traffic issues along Regional Road 57;
• The distance from Clarington’s urban areas of Newcastle and Orono; and
• Expansion of the MHSW site to become an eco-station.
With respect to Regional Official Plan policies (Section 8), the Region’s preferred site is
located within a designated Regional Centre. Regional Centres are to be developed as
the main concentration of institutional, commercial, residential, major retail, recreational,
cultural and major office uses in a well-designed and intensive land use form. The
Region’s Official plan also directs Regional Centres to “function as places of symbolic
and physical interest for the residents, and shall provide identity to the area municipalities
within which they are located.” Regional Centres are to encourage pedestrian and transit
oriented areas that incorporate urban design guidelines and solutions.
The Region’s preferred site is designated part of the urban centre in the Draft Clarington
Official Plan, and is located within the Bowmanville West Town Centre Secondary Plan
area. The area is intended to “serve as a focal point of activity, interest and identity for
residents of the Municipality of Clarington.” Any buildings should align with the urban
design standards implemented in 2014 through the Bowmanville West Town Centre
Secondary Plan. Urban design objectives included in the Secondary Plan seek to create
a distinct sense of place through high quality architectural treatments and site planning.
Outdoor storage, including waste, is strictly limited and discouraged. High quality
landscape treatments or complimentary building material treatments are required.
In response to growing traffic volume through Bowmanville, the Region has initiated a
Class Environmental Assessment to examine the need for improvements along Regional
Road 57. The preferred solution identified includes road widening to four lanes from
Baseline Road to Nash Road. In addition, there is potential for restricted access to the
site when a raised median is to be implemented at specific traffic thresholds.
The Region should provide confirmation they will address traffic safety issues on
Regional Road 57 (a Type A arterial road). The separation of entrances at approximately
50 metres from Stevens Road and 38 metres to G.B. Rickard Complex driveway are
minimal at best.
Alternative sites proposed by Municipal Staff were generally located east of Liberty
Street, thereby reducing the travel distance for Clarington residents living east of Highway
115/35. However, with the exception of Clarington Operations Department Depot #42 the
suggested sites are privately owned and as such, would need to be leased or purchased
by the Region. Generally, residents in the Courtice Urban Area have the benefit of
relatively close proximity to the Region’s Oshawa Waste Management Facility.
Figure 2 (Attachment 2) shows the location of the Region’s Oshawa Waste Management
Facility, the Region’s preferred site at the former DRPS site in Bowmanville, and
Clarington Operations Department Depot #42 initially targeted by the Municipality as a
Municipality of Clarington
Report OPD-010-16 Page 5
potential location. A conceptual service area radius is shown around each location and
are based on a study completed for the Region in 2013 examining feasibility and
implementation of Regional eco-stations. An eco-station is a facility designed for the
collection of divertable materials (such as tires, waste electronics and reusable
materials), excluding any residual waste (or garbage) drop off.
2.2 Desired Site Criteria and Site Sizing
Region Report #2016-COW -24 included criteria that the Region aimed to satisfy in the
selection of a preferred site. These desired criteria are summarized as follows:
• A Region owned site, thereby eliminating the cost of land purchase;
• A site with an existing building that could be adaptable to MHSW operations,
thereby reducing construction costs;
• A site with an existing paved area for traffic and other site needs, thereby reducing
construction costs;
• Existing service connections (water, sewer, utility);
• A central location and proximity to other community and commercial services; and
• A lot size of approximately three acres (1.21 hectares) for a MHSW depot and up to
seven acres for future plans to potentially expand the waste services offered (ie. an
eco-station).
The site criteria generally support the former DRPS site. Notably, there are no other sites
in Clarington with a vacant building(s) owned by the Region, with an existing paved area,
and on municipal services. Further, the criteria do not include proximity to Clarington
residents who are not within the catchment area of other MHSW facilities (See Figure 2,
Attachment 2).
In February 2016 when the former DRPS site was first identified as the recommended
site for the Clarington MHSW depot, the Region indicated an intent to also “consider
future opportunities to expand the future Clarington MHSW facility beyond the collection
of hazardous waste, to act as a potential site for a full-scale eco-station.” The interest is
captured by the desired site criteria listed in Report #2016-COW -24.
The Municipality strongly supports the Region’s position on increasing diversion drop-off
service levels in Clarington. However, it is questionable how this could be
accommodated at the preferred site. At approximately two acres, the former DRPS site is
smaller than the desired lot size stated of three acres for a MHSW depot and up to seven
acres for an expanded facility in the future. Full eco-station services (i.e. MHSW and
other divertable waste) at a single location in Clarington rather than multiple locations is
preferred from both the perspective of resident convenience and sustainability.
2.3 Site Conditions for the Region’s Preferred Site
Should Regional Council proceed with approving the former DRPS site at 1998 Regional
Road 57 for development of the Clarington MHSW depot, the following conditions of
approval are recommended:
Municipality of Clarington
Report OPD-010-16 Page 6
• The Region fulfill the site plan process for development of the MHSW site and any
future amendments by adherence to the policies and urban design standards
established for the Bowmanville West Town Centre Secondary Plan (February
2014), as amended, including interior storage of materials for the MHSW.
• The multi-use path along the west side of Regional Road 57 between Stevens Road
and Highway 2 along the frontage of the property, proposed as a component of the
preferred solution for the Regional Road 57 Class Environmental Assessment, to
proceed as part of the widening project, be constructed by the Region.
• Preparation, maintenance and adherence to an Emergency Management Plan
(including spills), which shall be reviewed and approved by Clarington Emergency
and Fire Services prior to the commencement of site operations.
• The Region review traffic design and site connections with the Municipality as part
of the detailed design process for the site, and that traffic matters relating to the site
operations be revisited with the Municipality when required. In particular the
minimum separation to Stevens Road and the entrance to G.B. Rickard Complex.
These points have been included in the Resolution (Attachment 3) which can be brought
forward by Regional Council members at the Region’s Committee of the Whole on
October 5th, 2016.
3. Financial Considerations
The establishment of a MHSW depot in Clarington will fulfill section 6.2 of the Host
Community Agreement for the Durham York Energy Centre. Associated costs are the
responsibility of the Regional Municipality of Durham.
4. Concurrence
This report has been reviewed by David Crome, Director of Planning Services, Tony
Cannella, Director of Engineering Services, and Gord Weir, Fire Chief, who concur with
the recommendations.
5. Conclusion
Staff were requested to review the Region’s Report 2016-COW -24 and provide
comments for Committee’s consideration on the Region’s recommended preferred
location for the Clarington MHSW depot located at the former DRPS site at 1998
Regional Road 57 in Bowmanville. Staff have concerns about the appropriateness of this
site, particularly should it become an eco-station. Notwithstanding the concerns, should
the preferred site be approved by Regional Council, recommended conditions of approval
are provided in Attachment 3.
Clarington supports a waste management strategy that emphasizes reusing, reducing,
and recycling to minimize adverse impacts to the environment.
Municipality of Clarington
Report OPD-010-16 Page 7
6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Frederick J. Horvath Curry Clifford, MPA, CMO
Director of Operations Interim CAO
Staff Contact: Faye Langmaid, Manager of Special Projects 905-623-3379 ext. 2407
or flangmaid@clarington.net
Attachments:
Attachment 1 - MHSW Acceptable / Unacceptable Items Listing
Attachment 2 - Figure 2, Hazardous Waste Location Catchment Areas
Attachment 3 - Resolution
The following is a list of the interested parties to be notified of Council’s decision:
Mirka Januszkiewicz, Director, Waste Management Services, Regional Municipality of Durham
FJH/FL/ACB/clr
Attachment 1 to
Report OPD-010-16
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Municipalityof ClaringtonCity of Oshawa
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Newtonville
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Kendal
Haydon
Kirby
Enfield
Courtice Bowmanville
NewcastleVillage
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±Figure 2
Clarington MHSW DepotLocation Options
Lake Ontario
Existing Oshawa WasteManagement Facility1640 Ritson Road North
Region PreferredClarington MHSW Depot1998 Regional Road 57
Clarington OperationsDepot No. 42178 Darlington-ClarkeTownline RoadThe c o nc eptua l servic e a rea ra dius delinea tio ns a re b a sed o n the “Fina l Repo rt: Ec o -Sta tio n Im plem enta tio n a nd Fea sib ility” prepa red fo r the Regio na l M unic ipa lity o f Durha m (Co nesto ga -Ro vers & Asso c ia tes, June 2013). The study fo und tha t the m edia n dista nc e tra velled to the Osha wa Wa ste M a na gem ent Fa c ility fro m within the Regio na l M unic ipa lity o f Durha m is 7.2 km . The fo rec a sted c a pture a rea fo r a po tentia l future Cla ringto n Ec o -Sta tio n, whic h a c c epts b o th M HSW a nd o ther a c c epta b le wa ste fo r diversio n, wa s 8.6 km .
M HSW – M unic ipa l Ha za rdo us Spec ia l Wa ste 7.2 km Radius
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Ha m lets a nd U rb a n Area s
M unic ipa l Bo unda ry
Attachment 2 to Report OPD-010-16
Attachment 3 to
Report OPD-010-16
Resolution Respecting Regional Municipality of Durham Property Located at 1998
Regional Road 57, in the Municipality of Clarington, as the Preferred Site to
Establish a Municipal Hazardous and Special Waste Facility
WHEREAS the Municipality of Clarington supports a waste management strategy that
emphasizes reusing, reducing and recycling to minimize adverse impacts to the
environment;
WHEREAS Clarington is underserviced by the Region’s existing waste management
facilities to support waste diversion;
WHEREAS Durham Region Staff have recommended the site at 1998 Regional Road
57 in Clarington as the preferred location for the Clarington Municipal Hazardous and
Special Waste (MHSW) facility to fulfill the Host Community Agreement requirements
for the Durham York Energy Centre;
WHEREAS in the view of the Municipality of Clarington the proposed site is deficient for
a variety of reasons; and
WHEREAS Regional Staff have not been open to other suggested sites in Clarington;
NOW THEREFORE:
Should Durham Region Council approve 1998 Regional Road 57, the Municipality
requests that the Region fulfill;
The Municipal Site Plan process for development of the MHSW site and any future
amendments by adherence to the policies and urban design standards established in
the Bowmanville West Town Centre Secondary Plan (February 2014), as amended,
including interior storage of materials for the MHSW ;
The Region construct the multi-use path proposed for the west side of Regional Road
57 between Stevens Road and Highway 2 as part of the Regional Road 57 widening
project;
The preparation of, maintenance and adherence to an Emergency Management
Plan, approved by Clarington Emergency and Fire Services prior to commencement
of site operations;
AND, should traffic matters relating to operations become an issue, that site traffic
management be revisited with Clarington Engineering Services;
AND that the time limit for the establishment of the MHSW site in the Host Community
Agreement be extended to October 1, 2017.