HomeMy WebLinkAbout06/25/2007
~~fJ!iJlgron
DATE: MONDAY, JUNE 25, 2007
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a meeting of Council held June 11, 2007
PRESENTATIONS
a) Introduction of Brycen Snowden - Mayor for a Day
b) Presentation of 2007 Awards for Academic Excellence to Local Students
c) Presentation of Ontario Heritage Trust Certificates to:
Myno Van Dyke
Jim and Margaret Coombes
d) Presentation of Senior of the Year Award to Maurice Richards
e) Inspector Charlie Green and Staff Sergeant Pat Sayer - Durham Regional Police
Update
f) Glenn Rainbird, O.C., Chair, and David Clark, CMA, Executive Vice President &
CFO, Secretary-Treasurer, Veridian Corporation - Status of Veridian
g) Laurie Swami, Director of Licensing, Nuclear Generation Development & Services,
Ontario Power Generation - Darlington B Nuclear Generating Station
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Council Agenda
- 2 -
June 25, 2007
DELEGATIONS
a) John Morand, Global Emissions Systems Inc. and Craig Engel, Caledon Propane-
"Partners in Climate Protection Program" - (Correspondence Item D - 4)
b) Tom Cauchon and Chigweyaru Agbaru - Offer of Compensation and Notice Requiring
Possession to Tom Cauchon and Chigi Agbaru Respecting the Expropriation of
Lands for Bowmanville Waterfront District Park; Part 1 on Plan of Expropriation
DR593102 (Item 11 of Report # 1)
c) Robert Bouley - Municipal Culvert Entrance onto Farm Property
d) Susan Bouley - Municipal Culvert Entrance onto Farm Property
e) Aiden Tombs, Emily Manns and Kimberley Dewing - Students Against Global
Warming
f) Ron Collis - Camfest Update
g) David Kelly, Chair, Accessibility Committee - 2007 Accessibility Plan - (Report #2)
h) Richard Ward - Campaign Audit for Mayor Jim Abernethy - (Unfinished Business)
i) Gerald Brown - 2008 Budget Process
j) Peter Scott - Application to Amend the Official Plan - Port of Newcastle Harbourview
Ltd. - (Item 3 of Report #1)
k) Carroll Nichols - Energy From Waste
I) Shirley Crago - Energy From Waste
m) Paul-Andre Larose - Energy From Waste
n) Kerry Meydam - DurhamIYork Residual Waste EA
0) Dr. Deb Jefferson - Energy From Waste
p) Jim Richards - Energy From Waste
q) Wendy Bracken - Durham/York Residual Waste Study
r) Ian Smythe and Stan Kinsman, N-Tech Environmental - Energy From Waste
s) Linda Gasser - Durham/York Residual Waste EA
Council Agenda
- 3 -
June 25, 2007
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Clarington Highway 407 Community Advisory
Committee dated June 6, 2007
I - 2 Minutes of the Ganaraska Region Conservation Authority dated
May 17, 2007
I - 3 Minutes of the Clarington Heritage Committee dated May 15, 2007
1-4 P. M. Madill, Regional Clerk, Region of Durham - Confidential Report
#2007-J-18
1-5 P. M. Madill, Regional Clerk, Region of Durham - Self-Serve Gas
Stations
I - 6 David Paterson, Vice President Corporate & Environmental Affairs,
General Motors of Canada Limited - Optional Large Industrial Tax
Class
1-7 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority - 2007 Budget Report
1-8 Judith Maxwell, Bowmanville New Horizons Band - Letter of
Appreciation for 2007 Grant
1-9 Mary Dunlop, Durham Youth Housing & Support Services - Youth
Shelter in Durham Region
I - 10 Dan Remollino, MTO Project Manager, Ministry of Transportation and
Doug Allingham, Consultant Project Manager - 407 East
Environmental Assessment Newsletter - Public Information Centre #3
I - 11 Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation -
Fish Kill on Lake Scugog
I - 12 Joanne Paquette, Communications Officer, Region of Durham -
Results of Generic Human Health and Ecological Risk Assessment
Study
Council Agenda
-4-
June 25, 2007
Receive for Direction
D - 1 Derrick McKay, Race Director and Kim Corrigan-Oliver, Assistant
Race Director - Courtice Kids of Steel Triathlon
D - 2 Christine Jacobs - 10th Annual Street Dance and Barbecue hosted by
the Enniskillen United Church
D - 3 Sean Keene - Complaint Regarding Municipal Conduct - 2006 Election
Period
D - 4 John D. Morand, Chief Operating Officer, Global Emissions Systems
Inc. and Craig Engel, President & CEO Caledon Propane - "Partners in
Climate Protection" Program
D - 5 John Greenfield, Royal Canadian Legion - Request for Veterans
Street Name Sign in Memory of Trooper Darryl James Caswell
D - 6 J. A. Wynn, Newcastle-Bond Head Ratepayers Association - Request
for Traffic Lights at the Intersection of Edward Street and Mill Street
D - 7 Janet Beckett, City Clerk, City of Port Colborne - Salvia Divinorum
D - 8 Luke Prout, Cynthia Prout, John Thompson, Sean Keane and
George VanDyk - Request for Compliance Audit of Election Financial
Returns of John Mutton
MOTION
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of June 18, 2007
2. Report CLD-026-07 - 2007 Accessibility Plan in Accordance with the
Ontarians with Disabilities Act
3. Report PSD-087-07 - Application for Removal of Holding Symbol -
Labno Developments Corporation
4. Report PSD-088-07 - Amendments to Principles of Understanding between
the Municipality, Players Business Park Ltd., West Diamond Properties Inc.
and 1613881 Ontario Inc., and Certain Other Agreements to Permit Servicing
of Players/West Diamond's Commercial Land
Council Agenda
- 5 -
June 25, 2007
5. Report COD-041-07 - Tender CL2007-27 - Green Road and Stevens Road
Reconstruction (To be distributed under separate cover)
6. Addendum to Confidential Report PD-102-00 - Lease Agreement for
Goodyear Engineered Products Canada Inc. Lands in the Bowmanville Creek
Valley; Part Lot 12, Concession 1, Former Town of Bowmanville
7. Report EGD-047-07 - Heavy Traffic - Vehicle Weight Restrictions (To be
distributed under separate cover)
8. Verbal Report of the Solicitor - Legal Matter
9. Verbal Report of the Solicitor - Legal Matter
UNFINISHED BUSINESS
1. Addendum # 2 to Report CLD-020-07 - Compliance Audit
2. Confidential Legal Matter (Tabled from April 30, 2007)
OTHER BUSINESS
1. Appointments to the Green Community Advisory Committee
BY-LAWS
BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
a_n
Council Meeting Minutes
JUNE 11,2007
Minutes of a regular meeting of Council held on June 11,2007, at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Deputy Fire Chief, M. Berney, attended until 8:20 p.m.
Director of Engineering Services, T. Cannella, attended until 8:30 p.m.
Director of Community Services, J. Caruana, attended until 8:20 p.m.
Director of Planning Services, D. Crome, attended until 8:30 p.m.
Solicitor, D. Hefferon
Manager of Operations, F. Horvath, attended until 8:20 p.m.
Director of Corporate Services, M. Marano, attended until 8:20 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 8:20 p.m.
Administrative Assistant to the Clerk, C. Fleming, attended until 8:20 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper indicated he would be stating a pecuniary interest with respect to
the delegation of Dave Wilson and Correspondence Item D - 8.
Mayor Abernethy indicated he would be stating a pecuniary interest with respect to
Item 1 of Unfinished Business - Addendum to Report CLD-020-07.
Council Meeting Minutes
- 2 -
June 11, 2007
MINUTES
Resolution #C-313-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on May 28,2007, be
approved.
"CARRIED"
DELEGATIONS
Resolution #C-314-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Wendy Bracken, Anthony Wood, Dave Wilson and Shirley Crago be added to
the list of delegations.
"CARRIED"
Libby Racansky addressed Council concerning Item 4 of Report # 1 - Application for
Removal of Holding Symbol - Claret Investments Limited and 1361189 Ontario
Limited expressing concern with the removal of the holding symbol as the developer's
draft plan of subdivision will impact lands not owned by him and that sufficient
consideration has not be given to the surrounding areas, residents, the wetland and its
inhabitants. Ms. Racansky hopes that area residents can turn to the municipality for
assistance if problems arise in the future as she feels residents will be exposed to
increased power failures, West Nile virus and water shortages. Ms. Racansky is
requesting that staff keep her informed of any issues that will affect her property. She
also expressed concern with the development process as she feels it is not consistent
with orderly and phased development and is not consistent with the Ontario Municipal
Board decision and conditions of approval. Ms. Racansky requested she be provided
with all documentation pertaining to this Ontario Municipal Board case.
Cathy Bradford addressed Council on behalf of Marva Ward and other residents of
East Beach Road concerning Correspondence Item D - 3 to bring to Council's
attention erosion problems on municipally-owned waterfront properties at the foot of
Port Darlington Road. Ms. Bradford acknowledged that the park project has been
postponed to 2011; however, she stated dozens of feet of property have already been
lost, including several apple trees and noted a beautiful tree is about to be swept into
the lake. Ms. Bradford believes that it is the municipality's responsibility to protect its
investment and that a temporary solution to shore up the land could be attained with
minimal cost.
Council Meeting Minutes
- 3 -
June 11 , 2007
Terry Caswell addressed Council on behalf of the Committee of Clarke Constituents
for the Environment concerning Energy From Waste. Ms. Caswell expressed concern
that the residents of Clarington are being asked to comment on the acceptance of an
Energy From Waste facility in Clarington with a lack of information on the type of
incineration, the health concerns, the levels of emissions and the types of particulate
to be emitted. Ms. Caswell feels it is not possible to make a sound argument when so
little information is available. She acknowledged that none of the proposed options
are free of pollution and questioned whether the Regions will use cutting edge
technology that will cut emissions. Ms. Caswell feels that the municipality needs a
peer review with a Clarington perspective, and that the municipality should be given
adequate funding, paid for by all residents in York and Durham Regions. She feels
that Clarington needs to put forward a united front to protect the municipality's
interests and that Council needs to be strong, united and informed in order to make
the correct responses and decisions and that the Regions of York and Durham owe it
to the residents of Clarington to inform citizens and to make all possible efforts to be
open and above board with all of their presentations and options. In summary, Ms.
Caswell questioned if this proposal is a done deal and if it makes no difference what
the citizens think, then the public needs to know. Ms. Caswell submitted her
comments in writing.
Alexandra Bennett, Executive Director, Precautionary Principle, addressed Council
concerning Energy From Waste. Through use of a PowerPoint presentation,
Ms. Bennett highlighted the impacts of waste incineration on human health. She
provided a definition of a microscopic nanoparticle and reviewed the nanometre scale
stating there are huge gaps in science now in what information is known regarding
nanoparticulate infiltration. Ms. Bennett overviewed a list of individual contaminants
identified in the air emissions of a municipal waste incineration plant, focusing on
benzene and HCB, a persistent chemical slated for complete eradication. Ms. Bennett
reviewed the types of thermal technology - gasification, plasma arc and incineration
and highlighted the South Burnaby, British Columbia facility. Ms. Bennett referred to
National and International legislation acknowledging Canada's support of the
Stockholm Convention on pollution. Ms. Bennett summarized by stating it has taken
over 30 years of cooperation between the Federal and Provincial governments and
industry to reduce dioxin, furan and mercury and questioned the logic of creating
these substances and releasing them in nanoparticles into the environment.
Wendy Bracken addressed Council concerning Energy From Waste stating all thermal
treatment facilities produce toxic emissions noting incineration, with its high
combustion temperatures, produces nanoparticles which allow the release of toxins in
particles so small that they evade the best state of the art scrubbing devices in the
stack and are emitted into the atmosphere. She noted the particles do not disappear
but go into the air, onto the land and make their way up the food chain. She stated
there are no government regulations in place regarding nanoparticulate and
expressed concern that Council would be willing to allow Durham Region to have
Clarington host a facility which emits such toxins that cannot be contained and that
have the potential to travel worldwide. Ms. Bracken feels the proposed incinerator
Council Meeting Minutes
- 4-
June 11, 2007
should not be considered a made-in-Durham solution to the Region's waste problem
as waste will need to be imported from other regions and that toxic emissions will be
exported beyond Durham's borders. Wendy Bracken urged Council to take a
preventative and precautionary stand and not be a willing host. She urged Council to
carefully consider and examine the sources of all information when formulating a
decision and cautioned Council to remember however, when viewing various thermal
treatment facilities in Europe that Canada does not have the same stringent laws and
restrictions on chemicals permitted in the materials which will be incinerated. In
summary, Wendy Bracken stated she will continue to urge Regional Council to revisit
the consideration of all reasonable alternatives, including a Zero Waste Strategy and
to include health issues as paramount as part of their consideration. Ms. Bracken
submitted her comments in writing.
In response to questions, Ms. Bracken referenced Health Canada's website as the
source of information.
Anthony Wood addressed Council concerning Energy From Waste, suggesting the
Ogilvie Report which represents a summary of all the questions and answers from
meetings to discuss incineration should be referred to as it will point the direction for
Council to take. Mr. Wood expressed concern that issues have not been addressed
prior to making a decision on whether an incinerator should be located in this area.
He suggested Clarington "Lead the Way" and set up a program to further reduce
waste as an alternative.
Councillor Hooper stated a pecuniary interest with respect to the delegation of
Dave Wilson as he is a member of a band which is booked as part of the 3rd Annual
Canada Day in Clarington Celebration's entertainment. Councillor Hooper vacated his
chair and refrained from discussion on this matter.
Dave Wilson, Rotary Club of Courtice, addressed Council concerning
Correspondence Item D - 8 regarding the 3rd Annual Canada Day in Clarington
Celebration and Fireworks Display to be held at the Garnet Rickard Complex on
July 1,2007. Mr. Wilson outlined events and activities planned for the day and invited
Council to partner with the Club to bring the event to Clarington and build upon the
tradition. He advised as a fundraising event for the Club, the majority of funds raised
will go to the Regional Cancer Centre through the Heroes of Hope Campaign and a
portion of the funds will continue to support the Field of Dreams project - the
revitalization of the Courtice South Memorial Park. Mr. Wilson requested Council's
financial commitment in the amount of $5,000.
Shirley Crago addressed Council concerning Energy From Waste in opposition to the
project to build an incinerator in Clarington. Ms. Crago expressed concern with the
dangers of emissions from incinerators such as furans and dioxins in nanoparticulate
format noting there are no safe minimum levels of exposure to these chemicals.
Ms. Crago displayed a bottle of rainwater she collected showing discolouration and
sediment and questioned the logic of creating more pollution by building an
incinerator. She stated this will affect every resident of Durham Region but she will be
Council Meeting Minutes
- 5 -
June 11, 2007
most affected as she lives next to three of the sites for the proposed facility.
Ms. Crago feels Clarington should make it clear that it is an unwilling host as
incineration will increase health care costs and will not eliminate the need for landfill.
In summary, Ms. Crago recommended that Council reject incineration on the basis of
dangers to health, stress in the EA that Public Health and environmental concerns are
primary issues in any waste disposal solution and that it is Council's duty to impress
upon Regional Council that Clarington is an absolute unwilling host to an incinerator.
COMMUNICATIONS
Resolution #C-315-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved.
I - 1
AO 1 . N E
1-2
A01.CL
1-3
A01.CL
1-4
M07.GE
1-5
C10.GE
"CARRIED"
Minutes of the Newcastle Memorial Arena Management Board
dated May 8, 2007
Minutes of the Clarington Museums and Archives Board dated
May 9,2007.
Minutes of the Animal Advisory Committee dated May 9, 2007.
Kim Gavine, Executive Director, Oak Ridges Moraine Foundation,
forwarding a copy of their progress report, "A Foundation for
Success on the Oak Ridges Moraine", summarizing the work of the
Foundation since its inception in 2002, outlining their achievements
and significant findings, and identifying work that remains to be
done.
Sandra Krane, City Clerk, City of Oshawa, forwarding
correspondence to Martha Pettit, Manager of Legislative
Services/Deputy Clerk, Town of Ajax, advising that Oshawa City
Council supports the addition of one Durham Regional Council
member to each of Ajax, Clarington and Whitby as the preferred
composition of Regional Council for 2010.
Council Meeting Minutes
1-6
SOO.GE
A04.AM
1-7
C10.GE
1-8
C10.GE
- 6 -
June 11 , 2007
Janice Willett, MD, FRCSC, President, Ontario Medical Association
advising that staff of the Ontario Medical Association (OMA) will be
attending the Association of Municipalities of Ontario (AMO) Annual
Conference in Ottawa in August, 2007, and inviting Members of
Council to visit OMA's exhibit to discuss opportunities to work
together to ensure Ontario is a healthier place for patients, existing
doctors and those considering our communities as a location to
practice.
P. M. Madill, Regional Clerk, Region of Durham, advising Council
that on May 30,2007, the Region of Durham passed the following
resolution pertaining to the Durham Agricultural Advisory Committee
2006 Annual Report and 2007 Workplan:
"a) THAT Report #2007-P-36 of the Commissioner of Planning be
received as the Durham Agricultural Advisory Committee's
annual report on its activities in 2006;
b) THAT the 2007 Durham Agricultural Advisory Committee's
Workplan, as outlined in Attachment #2 to Report #2007 -P-36
be approved; and
c) THAT a copy of Report #2007-P-36 be forwarded to the
Durham Agricultural Advisory Committee, the Durham
Federation of Agriculture, the GT A Agricultural Action
Committee, and the Area Municipalities."
P. M. Madill, Regional Clerk, Region of Durham, advising Council
that on May 30,2007, the Region of Durham passed the following
resolution pertaining to the Federal Pickering Lands:
"a) THAT Transport Canada be requested to accelerate their
comprehensive due diligence review of the studies submitted
by the Greater Toronto Airports authority assessing the need
for a Regional/reliever airport on the Federal Pickering Lands,
and further to include the public in an independent peer
review;
b ) THAT Transport Canada and Environment Canada be
requested to include a study of the economic and
environmental effects rising fuel prices, peak oil and
greenhouse gas emissions contributing to climate change
would have on future Air Transportation and the needs
analysis of the Greater Toronto Airports Authority Pickering
Airport Plan;
Council Meeting Minutes
- 7 -
June 11, 2007
1-9
C10.GE
c) THAT Transport Canada and the Federal Government be
requested to initiate a study of alternative land uses to include
green energy production as an alternative to fossil fuels, as
well as, the contribution the Federal Pickering Lands could
make in addressing future food security issues and climate
change preparedness in the GT A;
d) THAT the Federal Government remain committed to protecting
the Federal Pickering Lands;
e) THAT the Regional Council indicate to Transport Canada and
to the Greater Toronto Airports Authority that Council fully
expects both bodies to protect the aviation industry in Durham
Region during the review process for the proposed Pickering
Airport by:
i) providing financial support to the City of Oshawa for the
operation of Oshawa Municipal Airport; and
ii) providing full and fair compensation to the citizens of
Oshawa for their investment into the Oshawa Municipal
Airport; and
f) THAT a copy of this resolution be forwarded to the Prime
Minister of Canada; the Federal Minister of Transport,
Infrastructure and Communities, the Premier of Ontario; the
Ontario Minister of Transportation; the Federal and Provincial
Opposition Parties; MP's and MPP's; the Greater Toronto
Airports Authority; and the Area Municipalities."
P. M. Madill, Regional Clerk, Region of Durham, advising Council
that on May 30, 2007, the Region of Durham passed the following
resolution pertaining to the Durham Environmental Advisory
Committee 2006 Annual Report and 2007 Workplan:
"a) THAT Report #2007-P-37 of the Commissioner of Planning be
received as the Durham Environmental Advisory Committee's
annual report on its activities in 2006;
b ) THAT the 2007 Durham Environmental Advisory Committee's
Workplan, as outlined in Attachment #2 to Report #2007-P-37
be approved; and
c) THAT a copy of Report #2007-P-37 be forwarded to the Durham
Environmental Advisory Committee and the Area Municipalities."
Council Meeting Minutes
- 8 -
June 11, 2007
1-10
P17.GE
I - 11
A01.KA
John C. Rycroft, Manager, Financial Services, Durham Regional
Police, providing the rationale supporting the recent change to the
Police Service Pay Duty Directive and Policy requiring payment in
advance of services in order to streamline the administrative
processing and to eliminate potential losses related to collection
actions; advising that they have relaxed the requirement for their
partner municipalities in not requiring the payment to be certified
cheque or money order; and expressing appreciation to staff for
their efforts in making these changes work in the best interest of all
parties. The correspondence indicated that all efforts will be made
to accommodate the needs of the municipality in any emergency
circumstances.
Ian D. Macnab, Chief Administrative Officer, Kawartha
Conservation, inviting the public to participate in a community clean
up of the future East Cross Forest Conservation Area located in the
southeastern section of Scugog Township on June 9,2007.
Interested volunteers are asked to meet at the corner of Boundary
Road and Murphy Roads at 9:30 a.m.
CORRESPONDENCE FOR DIRECTION
Resolution #C-316-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 4 to D - 9, inclusive.
D - 1
M02.GE
"CARRIED"
Jean Graham, Chairperson, Newcastle Lions Club, requesting
Council's support for their 13th Annual 'Walk for Dog Guides', a 5 km
and 10 km fundraising walk through Newcastle on Saturday,
October 6,2007, in support of Dog Guide Teams to assist the blind,
deaf and physically challenged; and, extending an invitation to
members of Council, staff and the public to participate in the walk.
(Approved provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
Council Meeting Minutes
- 9 -
June 11, 2007
D-2
C10.GE
D-3
E05.GE
D-4
M02.GE
P. M. Madill, Regional Clerk, Region of Durham, advising Council
that on May 30,2007, the Region of Durham passed the following
resolution pertaining to the new Durham Region Forest Conservation
By-law:
"a) THAT Planning Committee authorize staffto circulate Report
#2007 -P-43 of the Commissioner of Planning and the draft
Regional Forest Conservation By-law, attached as Appendix 1
to Report #2007 -P-43, to the Area Municipalities, the
Conservation Authorities in Durham Region, the Ministry of
Natural Resources, the Durham Environmental Advisory
Committee and the Durham Agricultural Advisory Committee for
their review and comment;
b ) THAT Regional staff be directed to hold public consultations to
obtain further comments on the draft Regional Forest
Conservation By-law; and
c) THAT Regional staff report back to Planning Committee on the
comments received and to present a recommended Regional
Forest Conservation By-law for Council approval."
(Correspondence referred to the
Director of Planning Services and to
the Municipal Clerk)
Marva Ward expressing concern with erosion problems occurring on
municipally-owned waterfront properties at the foot of Port Darlington
Road and requesting the erosion problems be immediately
addressed to preserve the land and protect the municipality's
investment for future development of a community park.
(Correspondence referred to the
Director of Engineering Services)
Claire Mumford advising she is planning a fundraising event to
support an ill co-worker at her home in Burketon on Saturday,
June 16, 2007, that will require on-street parking to accommodate
visitors and requesting that parking restrictions not be enforced on
Boundary Road, west of Old Scugog Road for that day. She
indicates that Boundary Road is a dead-end street and that all six
affected neighbours plan to attend the event and have no objection
to the waiver of parking restrictions, if granted.
Council Meeting Minutes
- 10-
June 11, 2007
Resolution #C-317 -07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the request from Claire Mumford that parking restrictions not be enforced
on Boundary Road, west of Old Scugog Road on Saturday, June 16,2007, be
endorsed.
"CARRIED"
D-5
C10.GE
Lesley Parnell, Acting Deputy Clerk, Township of Smith-Ennismore-
Lakefield advising Council that on April 24, 2007, the Township of
Smith-Ennismore-Lakefield adopted a By-law restricting Cosmetic
Use of Pesticides for non-agricultural lands effective March 1, 2008;
and requesting Council to join with other municipalities in Ontario to
petition the Province of Ontario to take control on cosmetic use
pesticides and to pass legislation that will ensure a more uniform
approach and a fairer and easier enforcement process.
Resolution #C-318-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 5 be referred to the Director of Operations.
"CARRIED"
D - 6 Linda Thompson, Mayor, Municipality of Port Hope, requesting the
Municipality of Clarington to support Port Hope in their efforts to
secure the Wesleyville lands as a nuclear electric energy power
supply site.
Resolution #C-319-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 6 be received for information.
"CARRIED"
Council Meeting Minutes
- 11 -
June 11, 2007
D-7
C10.GE
Sandra Richardson, CMO, Deputy Clerk, City of Kawartha Lakes
advising Council that the City of Kawartha Lakes recently passed the
following resolution:
"THAT the Provincial Government be requested to formulate a
province-wide integrated goose management plan of action and any
necessary funding to address the growing concern that municipalities
with public waterfront green spaces and beaches have with respect
to Canada Geese using such spaces and thereby impacting on the
water quality and recreational use of these public spaces;
THAT a copy of this resolution be forwarded to AMO and other
municipalities in Ontario to seek support; and
THAT a copy of this resolution be also forwarded to Natural
Resources Canada, Wildlife Canada, the Canadian Food Inspection
Agency, the Ministry of Environment, the Ministry of Health and
Long-Term Care, the Ministry of Community and Social Services, the
Ministry of Municipal Affairs and Housing and the Haliburton
Kawartha Pineridge Health Unit, as well as MP Barry Devolin and
MPP Laurie Scott."
Resolution #C-320-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolution from the City of Kawartha Lakes concerning a Province-
Wide Integrated Goose Management Plan of Action be endorsed.
"CARRIED"
Councillor Hooper stated a pecuniary interest with respect to Correspondence
Item D - 8 as he is a member of a band which is booked as part of the 3rd
Annual Canada Day in Clarington Celebration's entertainment.
Councillor Hooper vacated his chair and refrained from discussion and voting on
this matter.
D-8
M02.GE
F11.GE
Ferd Longo, President, Rotary Club of Courtice, advising of plans for
the 3rd Annual Canada Day in Clarington Celebration and Fireworks
display, a fundraising event for the Rotary Club of Courtice, to be
held at the Garnet B. Rickard Complex on July 1, 2007, and
requesting the Municipality to consider an investment of $3,000 in
the event to assist with promotion and advertising. As a partner, the
Municipality will be publicly recognized and identified in and on all of
the advertising and promotional material. As well, the Municipality
will be recognized throughout the event with banner presence and
through public announcements programmed throughout the evening.
Council Meeting Minutes
- 12 -
June 11, 2007
Resolution #C-321-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the Rotary Club of Courtice be provided with $2,500 in support of the 3rd
Annual Canada Day in Clarington Celebration and Fireworks Display.
"CARRIED"
D-9
M02.GE
David Chisling, Director, Been There, and Richard Toms, Director,
Visual Arts Centre, requesting permission to erect a small bronze
plaque to recognize men and women of service clubs from
Bowmanville in the "Birch Trees and Daffodils" Garden across from
the Visual Arts Centre; and advising that there will be no cost to the
Municipality or the Visual Arts Centre for the stone, bronze plaque or
installation and that youth from the "Been There" project and their
supervisors will assume care and maintenance of the trees and
daffodils.
Resolution #C-322-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item 0 - 9 be referred to the Director of Operations.
"CARRIED"
MOTION
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report June 8, 2007.
Resolution #C-323-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of June 8, 2007 be
approved, with the exception of Item #24.
"CARRIED"
Council Meeting Minutes
- 13 -
June 11, 2007
Item #24
Resolution #C-324-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Item #24 of Report #1 be lifted from the table.
"CARRIED"
Resolution #C-325-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the schedule of meetings be amended to include a General Purpose and
Administration Committee meeting and a Council meeting on Monday, July 30,2007.
"CARRIED"
Report # 2 - Confidential Report EGD-043-07 regarding a Legal Matter
Report # 3 - Confidential Verbal Report of the Solicitor Regarding a Legal Matter
Resolution #C-326-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Reports #2 and #3 be referred to the end of the agenda to be considered during
a "closed" session of Council.
"CARRIED"
UNFINISHED BUSINESS
Mayor Abernethy stated a pecuniary interest with respect to Addendum to Report
CLD-020-07 as it relates to his Election Campaign Expenses. Mayor Abernethy
vacated his chair and refrained from discussion and voting on this matter.
Councillor Trim chaired this portion of the meeting.
Council Meeting Minutes
- 14 -
June 11, 2007
Resolution #C-327 -07
Moved by Councillor Novak, seconded by Councillor Woo
THAT the Rules of Order be suspended to allow for introduction of a motion to
reconsider Resolution #C-276-07.
"CARRIED"
Resolution #C-328-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Addendum to Report CLD-020-07 be tabled for two weeks to allow the
Municipal Clerk to find the services an auditor to complete the Compliance Audit.
"CARRIED"
Mayor Abernethy re-assumed the Chair.
Resolution #C-329-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegations of Terry Caswell, Alexandra Bennett, Wendy Bracken,
Anthony Wood and Shirley Crago be received and that they be thanked for bringing
their concerns forward.
"CARRIED"
OTHER BUSINESS
Councillor Trim advised of four major construction projects approved by the Region
within the Municipality of Clarington including reconstruction of 6.4 kilometres of
Regional Road 18 from Hill Street to Concession Road 5 at a cost of $800,000,
reconstruction of 2.9 kilometres of Regional Road 57 from Regional Road 20 north to
the CPR Overpass at a cost of $350,000, improvements to Martin Road at Longworth
Avenue including the signal lights at a cost of $260,000, and reconstruction of 1.9
kilometres of Courtice Road from Baseline Road to Bloor Street at a cost of $300,000.
In addition, he noted the reconstruction of Mill Street in Newcastle from Durham #2 to
the 401 Bridge has been scheduled for next year. Lafarge Construction Company has
been awarded the four projects and work will commence in June and is anticipated to
be finished in August.
Council Meeting Minutes
- 15 -
June 11, 2007
Councillor Foster stated he attended an event on Sunday for the Friends of Second
Marsh and presented Mayor Abernethy with a plaque recognizing the Municipality as
a supporting patron.
Councillor Woo stated he attended the tanker accreditation test for Clarington Fire and
Emergency Services on Sunday. Clarington crews achieved 600 gallons of water per
minute, an achievement which could potentially allow rural residents to save money
on their household fire insurance. Councillor Woo extended congratulations to the fire
fighters who were in attendance.
In response to a question concerning property insurance costs for rural residents,
Deputy Chief Berney explained the Fire Underwriters Survey makes a
recommendation according to our performance as to applying an insurance relief in
rural areas; however, whether an insurance company applies relief is at their
discretion.
Councillor Hooper stated he represented the Municipality at the "Motorcycle Ride for
Dad" Event on Saturday, June 9, 2007, in support of prostate cancer and was also a
Judge at the Battle of the Bands Competition. Councillor Hooper presented Mayor
Abernethy with a T-shirt from the Battle of the Bands Competition.
Resolution #C-330-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting be "closed" in order to consider legal matters.
"CARRIED"
The meeting resumed in open session at 8:45 p.m.
Resolution #C-331-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
Council Meeting Minutes
- 16 -
June 11,2007
Resolution #C-332-07
Moved by Councillor Hooper, seconded by Councillor Trim
THAT the Rules of Order be suspended to allow for the introduction of an item of new
business at this time.
"CARRIED"
Resolution #C-333-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Nancy Taylor, Director of Finance/Treasurer be authorized to join the Durham
Region's delegation's tour of Energy From Waste sites.
"CARRIED"
BY-LAWS
Resolution #C-334-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2007-125 to 2007-139, inclusive, and
that the said by-laws be now read a first and second time.
"CARRI ED"
2007-125 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(1044960 Ontario Limited)
2007-126 Being a by-law to amend By-law 2007-032, being a by-law to
appoint Members to the Clarington Museums and Archives Board
2007 -127 Being a by-law to amend By-law 2007-031, being a by-law to
appoint Members to the Municipal Heritage Committee
2007-128 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Claret Investments Limited and 1361189 Ontario Limited)
Council Meeting Minutes
- 17 -
June 11, 2007
2007 -129 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(289143 Ontario Limited - Westvale)
2007-130 Being a by-law to exempt certain portions of Registered Plans
40M-2240 from Part Lot Control (Darlington Springs Ltd . -The
Kaitlin Group)
2007-131 Being a by-law passed under Section 23.1 of the Municipal Act
thereby delegating to staff the authority to make decisions on
whether planning applications submitted pursuant to the Planning
Act and Conservation Land Statute Amendment Act, 2006 are
deemed complete
2007-132 Being a by-law to require all land owners/applicants to pre-consult
with municipal planning staff prior to the submission of
applications, plans and drawings to the Municipality of Clarington
for all Official Plan Amendments, Zoning By-law Amendments,
Draft Plans of Subdivision, Draft Plans of Condominium and Site
Plans
2007 -133 Being a by-law to amend By-law 2006-152, being a by-law to
provide for the maintenance, management, regulation and control
of the cemeteries in the Municipality of Clarington
2007 -134 Being a by-law to Govern the Emergency and Fire Services, to
Authorize the Provision of Mutual Aid and Automatic Response
and to Repeal By-law 84-68 and By-law 94-172
2007-135 Being a by-law to appoint a Municipal Law Enforcement Officer
2007-136 Being a by-law to appoint a Municipal Law Enforcement Officer
2007-137 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Kendal Community Association
for the lease of Kendal Community Centre, 6742 Regional
Road 18
2007 -138 Being a by-law to establish a Board of Management to operate
museums on behalf of the Municipality of Clarington and to repeal
By-laws 79-67, 2002-45, 2003-56, 2003-155 and 2004-10
2007 -139 Being a by-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and William Tonno
Construction Ltd., in respect to the purchase of Parcel Cas
attached, former Town of Bowmanville, Municipality of Clarington
Council Meeting Minutes
- 18 -
June 11, 2007
Resolution #C-335-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the third and final reading of By-laws 2007-125 to 2007-139, inclusive, be
approved.
"CARRI ED"
Mayor Abernethy and Councillor Hooper stated pecuniary interests earlier in the
meeting, and refrained from voting on the confirming by-law.
Mayor Abernethy vacated his chair and Councillor Trim chaired this portion of the
meeting.
CONFIRMING BY-LAW
Resolution #C-336-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2007-140 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
11 th day of June, 2007, and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-337 -07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the third and final reading of By-law 2007-140 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-338-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 8:54 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE
JUNE 25, 2007
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Clarington Highway 407 Community Advisory
Committee dated June 6, 2007. (Copy attached)
I - 2 Minutes of the Ganaraska Region Conservation Authority dated
May 17, 2007. (Copy attached)
I - 3 Minutes of the Clarington Heritage Committee dated May 15, 2007.
(Copy attached)
I - 4 P. M. Madill, Regional Clerk, Region of Durham forwarding
Confidential Report #2007-J-18. (Copy forwarded under Separate
Cover)
1-5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on May 30,2007, the Region of Durham endorsed the Municipality of
Clarington's resolution pertaining to self-serve gas stations.
I - 6 David Paterson, Vice President Corporate & Environmental Affairs,
General Motors of Canada Limited, thanking Clarington Regional
Councillors and Members of Durham Regional Council for their
decision to eliminate the optional large industrial tax class in 2007,
and to merge the industrial tax classes with a tax ratio of 2.2598
which demonstrates Regional Council's commitment to creating a
competitive tax environment supporting industry and economic
activity.
I - 7 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA) forwarding CLOCA's 2007 Budget
Report approved on May 15, 2007, for information.
1-8 Judith Maxwell, Bowmanville New Horizons Band, thanking Council
for providing them with a grant for 2007.
1-9 Mary Dunlop, Durham Youth Housing & Support Services (DYHSS),
thanking Council for providing DYHSS with the opportunity to share
information with respect to the organizations' goal to open a 10-bed
youth shelter in 2007 and extending an invitation to Council to contact
her to obtain further information on the project or to visit their website
at http://www.durhamvouth.com.
Summary of Correspondence
- 2 -
June 25, 2007
I - 10 Dan Remollino, MTO Project Manager, Ministry of Transportation and
Doug Allingham, Consultant Project Manager forwarding the June
2007 issue of the 407 East Environmental Assessment Newsletter
advising of Public Information Centre #3 which will present the results
from the evaluation of the refined route alternatives and present a
technically recommended route. A Public Information Centre will be
held in Clarington on Tuesday, June 26,2007, from 4:00 p.m. to
8:00 p.m. at the Garnett Rickard Complex.
I - 11 Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation,
responding to concerns over fish kill on Lake Scugog advising that
staff of the Conservation Authority have been working with the
Ministry of Natural Resources who have sent samples away for
analysis. The correspondence indicates that the current carp die off
does not appear to be connected to weather conditions and that the
definitive cause of death will not be known until lab analysis is
completed. In response to inquiries regarding removal of fish from
property, Durham Regional Works Department is requesting residents
not to place the fish out for regular garbage pick up or municipal
organic kitchen composting but to bury them to a depth of at least one
foot to discourage wildlife from digging them up.
I - 12 Joanne Paquette, Communications Officer, Region of Durham,
inviting members of the public to view the recent findings of a Generic
Human Health and Ecological Risk Assessment Study (HHRA)
undertaken for the DurhamIYork Residual Waste Study which
considered possible risks to human and ecological life at the five
short-listed sites, based on data from existing area facilities and
Ontario emissions guides. This report is not meant to replace a
detailed, site-specific study, which will be undertaken when the
technology, vendor and preferred site has been determined. The
report is available online at www.durhamvorkwaste.ca. or to request a
hard copy or CD by calling 905-307-8628 (1-866-398-4423) or by
e-mailinginfo@durhamvorkwaste.ca. There will be an opportunity for
feedback at the public information sessions in Clarington on June 20,
27 and 28, 2007.
CORRESPONDENCE FOR DIRECTION
D - 1 Derrick McKay, Race Director and Kim Corrigan-Oliver, Assistant
Race Director, Courtice Kids of Steel Triathlon requesting permission
to host the Courtice Kids of Steel Triathlon, an endurance multi-sports
event involving swimming, biking and running on August 26, 2007;
enclosing a map of the biking and running routes and advising
$5,000,000 liability insurance has been arranged.
(Motion to approve, provided the
organizers apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
Summary of Correspondence
- 3 -
June 25, 2007
D - 2 Christine Jacobs, requesting permission to close Old Scugog Road
between Regional Road 3 and Potter's Lane on Saturday,
September 15, 2007, for the 10th Annual Street Dance and Barbecue
hosted by the Enniskillen United Church.
(Motion to approve, provided the
organizers apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 3 Sean Keene enclosing a copy of a complaint he has forwarded to the
Ministry of Municipal Affairs and Housing outlining perceived improper,
unethical and illegal actions of the Municipality of Clarington during the
2006 Election period.
(Motion to refer correspondence to the
Municipal Clerk)
D - 4 John D. Morand, Chief Operating Officer, Global Emissions Systems
Inc. and Craig Engel, President & CEO Caledon Propane providing
background information on Canada's commitment to the Kyoto
Protocol, the Federation of Canadian Municipalities "Partners in
Climate Protection" Program, the effects of Global Warming and
advising of technology developed by Global Emissions Systems Inc.
available to effectively address greenhouse gases and other toxic
gases which create health problems. The correspondence outlines a
proposal for the Municipality to work with Global Emissions Systems to
formulate procedures and practices to install emission control devices,
educate staff, Council and the public on best practices to reduce costs
for fuel and tires, reduce greenhouse gases and to create a healthier
community.
(Motion to refer correspondence to
staff)
D - 5 John Greenfield, Royal Canadian Legion, requesting Council to
consider the name 'Caswell' for a Veterans Street Name Sign in the
Bowmanville area in memory of Trooper Darryl James Caswell, a well
known Bowmanville resident, who was killed in action June 11,2007,
in Kandahar, Afghanistan.
(Motion to refer correspondence to the
Director of Planning Services)
D - 6 J. A. Wynn, Newcastle-Bond Head Ratepayers Association expressing
concern with the speed and volume of traffic on Mill Street in
Newcastle and requesting the immediate installation of traffic lights at
the intersection of Edward Street and Mill Street or, alternatively, the
implementation of four-way stops to address safety concerns.
(Motion to refer correspondence to
the Director of Engineering Services
and to the Regional Municipality of
Durham)
Summary of Correspondence
- 4 -
June 25, 2007
D - 7 Janet Beckett, City Clerk, City of Port Colborne, advising Council that
on May 14, 2007, the City of Port Colborne passed the following
resolution pertaining to salvia divinorum:
'WHEREAS Salvia Divinorum is a perennial herb native to Mexico that
is legally available for purchase in Canada by all persons, including
minors, at corner stores, pharmacies and through the internet;
AND WHEREAS the active constituent salvinorin A is the most potent
hallucinogen known, causing the onset of hallucinogenic activity within
five to ten minutes of being chewed and within 30 seconds of being
inhaled;
AND WHEREAS the effects of salvia divinorum include psychic effects
such as the perceptions of bright lights, vivid colours and shapes, as
well as body movements and body or object distortions, other effects
including dysphoria, uncontrolled laughter, a sense of loss of body,
overlapping realities and hallucinations and adverse physical effects
such as incoordination, dizziness and slurred speech;
AND WHEREAS salvia divinorum and/or salvinorin A have been
placed under regulatory controls in Australia, Belgium, Denmark,
Estonia, Finland, Italy, Spain and Sweden and in the States of
Louisiana, Delaware, Missouri, Tennessee and Oklahoma;
AND WHEREAS the federal department Health Canada, headed by
the Minister of Health, is responsible for helping Canadians maintain
and improve their health and also for developing legislation and
regulations, policies and operations that support the control of illicit
drugs and other substances;
AND WHEREAS the Council of the Corporation of the City of Port
Colborne believes that the availability of salvia divinorum and the risks
associated with its use, particularly by adolescents and young adults,
threatens the health of Canadians and out-weighs any benefits the
substance offers;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the City of Port Colborne petitions the Minister of Health
to immediately call for Health Canada to undertake a review of salvia
divinorum and its derivatives to determine the risks associated with the
use of this substance and its widespread availability and with a view to
taking the same proactive stance on the regulation of this substance
for the health and safety of Canadians as other nations have for their
citizens;
Summary of Correspondence
- 5 -
June 25, 2007
AND FURTHER THAT a copy of this resolution be circulated to
J. Maloney, M.P. and to AMO for circulation to all municipalities in
Ontario for their consideration and endorsement."
(Motion for Direction)
D - 8 Luke Prout, Cynthia Prout, John Thompson, Sean Keane and George
VanDyk submitting a formal request to have the Election Financial
returns of John Mutton audited to ensure compliance with the
requirements of the Municipal Elections Act. (Copy attached)
(Motion for Direction)
CJ~1!i&ton
I - 1
MINUTES
OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE
CAC MEMBERS PRESENT:
Fred Biesenthal, Industry Representative
Mark Bragg, Clarington Agricultural Advisory Committee
Mark Canning, Ward 3 Representative
Linda Gasser, Ward 4 Representative
Karina Isert, Clarington Heritage Committee
Jo-Anne McFarland, Ward 1 Representative
Councillor Mary Novak, Council Liaison
Bradford Soles, Ward 1 Representative
John Sturdy, Ward 2 Representative
RE:
HIGHWA
June 5, 2
EE
Staff in Attendance:
Janice Szwarz - Planning Services Liaison
Sharon Norris - Recording Secretary
Absent:
Denise Pickett, Ward 2 Representative
Andrew Bouma, Ward 3 Representative
Jean-Maurice Cormier, Ward 4 Representative
Mark Hawkins, Clarington Board of trade BIA Repres
Leslie Benson, Engineering Services
DATE:
Agenda Item
Welcome
Review of
Draft Minutes
Meeting NO. 33
Discussion
Action
f Fred Biesenthal.
tation by 407 Project Team
The P ct Team has been unreachable due to their busy timetable with
open houses,"
To:
2. CAC Orientation by 407 Project Team
The Project Team has been unreachable due to their busy timetable.
Follow Up
Actions
Moved: Mark Canning; Seconded: Mary Novak
That the minutes of Meetin 33, as revised, be ado ted.
CAC Orientation bv 407 Proiect Team:
Project Team is still unavailable to provide an orientation to the
Committee; likely will be September. Janice to pursue.
Janice Szwarz
Cl~n
Agenda Item
Follow Up
Actions,
cont'd.
MINUTES
OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE
Discussion
Action
Information on Public Information Sessions is anticipated next week. A
tentative date of June 28th has been mentioned. Roger Anderson has
indicated that the sessions will be presented to Planning prior to the public;
this assumes there will be a Tri-Committee or Joint Committee meeting
before June 28th.
There is the possibility of an additional PIC in the fall to gather comments
and reaction to the short-list selection.
CAC Brochure:
The schedule of meetings, members list and Missio
updated. All graphics to be removed and replaced
route map, when it is made available. To be distri
members upon completion for their review.
Durham Reqional Police Representation
No action to report on this item.
Cultural Heritaqe Information
Email, dated May 3, from Em ting the
list of Heritage urces u valu ort listed
routes. Th Te and should then
report ee a mmittee (CHC).
We n ot y owners on the
reco sk the Project Team about
this to ocumented and responded to.
Isabel itage er, has been in touch with the
Proje eived any information to-date. Isabel will be
provid ay 3rd email from TSH.
Some r's rities lie with the property value rather than the
herita CHC would like to preserve the heritage for the public
and n Iy the owner. Once the recommended route is identified,
the C etermine the heritage buildings affected.
Propo Interchanqe Locations
Map of proposed intersections was distributed. Committee noted that the
GO service now available on the 115/35 should be connected to the 407.
The Project Team is required to provide their rationale for the announced
recommended route.
Aqricultural Advisorv Committee Comments on Functional Desiqn
The Agricultural Committee wants to provide MTO with their requirements.
A presentation at the Regional Agricultural Committee by Ivan DeJon
incorporated the same points made by our Committee regarding road
widths, run-up curbs, the division of farms and property values. Janice will
secure a copy of the regional minutes for both this Committee and the
Agricultural Advisory Committee of Clarington.
We would like to see the recommended route be the most northerly
alternative; the further north the poorer the farmland, however it is more
cost effective to purchase one large property versus several smaller
ro erties.
Sharon Norris
Janice Szwarz
Janice Szwarz
Janice Szwarz
Cl~-!l!gton
MINUTES
OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE
Agenda Item
New Business Federal Fundinq for the 407
Hand out provided. The federal government has announced funding for
the 407 if it is fast-tracked with completion by 2013.
Excerpt:
"Along with its joint investment with the Government of Canada on the
public transit system, the Province of Ontario has agreed as pa of today's
(march 6th) announcement to invest in three key highway roO
Highway 407, Highway 404 and Highway 7."
The Environmental Assessment must be approved
investment can be expected - Markham to Brock
build. How they will finance the 407 has not yet b
road). There is 60 km worth of property required f
expropriations are time consuming; it is possible
ro rams mi ht move forward.
Discussion
Action
Future CAC
Activities
Janice Szwarz
Committ
under
indica
techni
prefer
Clarin
sugge
Engin
Janic
this s
assist them in
repared to Council
E which will require
tion to determine if the
terest. Ajax is less affected than
con . Mary Novak will bring this
r new business, after she has consulted with
e email dated April 2ih from Linda Gasser on Janice Szwarz
at the old technically preferred route is the baseline for
and many people feel that this is the route that will ultimately
Non Agenda
Item
Discussions
The Province will expropriate based on fair market value, however fair
market value may not be a real figure as the possibility of the 407 being
constructed has been around for many years and has already affected
property values. Purchase decisions have already been based on the old
route location.
The Oak Ridges Moraine will have the most impact on the location of the
northern route as there has to be no reasonable alternative.
Mark Canning indicated that Ward 3 expected the original route to go and
are now getting heated. They have sent their comments to the Project
Team.
Protocol has been set to mail all meeting material to those members that
were unable to attend.
The next meeting date will be determined after the recommended route is
known.
Next Meeting
1-2
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE FULL AUTHORITY
May 1ih, 2007
FA 04/07
1. Welcome and Call to Order
The Chair called the Full Authority meeting to order at 7: 15 p.m.
MEMBERS PRESENT: Brian Fallis, Chair- Twnsp of Cavan-Millbrook-North Monaghan
Raymond Benns - Township of AlnwicklHaldimand
Charlie Trim - Municipality of Clarington
Cal Morgan - Municipality of Port Hope
Miriam Mutton - Town of Cobourg
Bob Spooner - Town of Cobourg
Mark Lovshin - Township of Hamilton
Twila Marston - Hamilton Township
ALSO PRESENT:
Linda Laliberte, CAO/Secretary-Treasurer
Mark Peacock, Director, Watershed Services
Greg Wells, Manager, Planning and Regulations
Magdi Widaatalla, Manager, Watershed Services
Ken Towle, Terrestrial Ecologist
Don Moss, M. Eng, P. Eng
Members of the public
"
ABSENT WITH
REGRETS:
Gord Robinson - Municipality of Clarington
Linda Thompson - Municipality of Port Hope
ALSO ABSENT:
Dave Marsh - City of Kawartha Lakes
2. Disclosure of Pecuniary Interest
None.
3. Minutes of Last Meetinq
FA 25/07
MOVED BY:
SECONDED BY:
Charlie Trim
Bob Spooner
THAT the Full Authority approve the minutes of the April 19th I 2007 meeting.
CARRIED.
4, Adoption of the Aqenda
FA 26/07
MOVED BY:
SECONDED BY:
Ray Benns
Mark Lovshin
Minutes FA 04/07
Page 2
THAT the agenda be adopted as amended with one correspondence addition.
CARRIED.
5. Deleqations:
None.
6. Presentations:
a) West Gauge Creek Master Drainage Plan presentation - presentation by Don
Moss, M. Eng., P. Eng., Senior Water Resources Engineer - The Greenland Group
Don presented the draft final report to the members. Members asked questions in regards
to the cost as well as the impact as it pertains to West Nile virus.
FA 27/07
MOVED BY:
SECONDED BY:
Mark Lovshin
Bob Spooner
THAT the Full Authority receive the presentation for information purposes.
CARRIED.
b) Snakes on the Plain - presentation by Ken Towle, M.E.S., Terrestrial
Ecologist
Ken Towle, Terrestrial Ecologist gave a presentation on the partnership to raise
awareness on the Eastern Hog-Nose snake that show high defensive mechanisms and
have been put at risk as a result of being misinterpreted as venomous. In a prescribed
burn is there a risk to the Hog-Nose and the snakes are generally not affected because
they are underground.
FA 28/07
MOVED BY:
SECONDED BY:
Miriam Mutton
Bob Spooner
THAT the Full Authority receive the presentation for information purposes.
CARRIED.
7. Business Arisinq from Minutes: (yellow)
None.
8. Chair and CAO/Secretary-Treasurer Remarks
The CAO/Secretary- Treasurer told the Board members out that a handout outlining the
Conservation Authorities Moraine Coalition's accomplishments in 2006 has been
distributed for their information. The CAO/Secretary- Treasurer informed the Board
members that two crews of three summer students have been hired to assist the Fisheries
Biologist and the Water Resource Technician. Two students were hired to assist in the
Conservation Areas, one student will be helping with the day camps, and one student will
be doing administrative work. The CAO/Secretary- Treasurer invited the Board members
to the Watershed tour June 21 st. Invitations are being sent out to all municipalities to be
distributed to all members of Council and staff.
. Minutes FA 04/07
Page 3
9. Business from the Board Members.
None.
10. Correspondence:
FA 29/07
MOVED BY:
SECONDED BY:
Charlie Trim
Cal Morgan
THAT correspondence item #9 be received for information and response forwarded to
Kawartha Conservation.
CARRIED.
FA 30/07
MOVED BY:
SECONDED BY:
Twila Marston
Mark Lovshin
THAT correspondence items #10 and #11 be received for information.
CARRIED.
FA 31/07
MOVED BY:
SECONDED BY:
Twila Marston
Mark Lovshin
THAT correspondence item #12 be received for information and,
FURTHER THAT the Full Authority Board support the Northumberland Rotary Sunrise
Rotary Foundation Walk.
CARRIED.
11. Applications under Ontario Requlation 168/06:
The process of issuing and Board approval of permits was reviewed.
Permits approved by Executive:
a) 168/06-869-03/07 - CCCC Durham East Costal Villas (Municipality of
Clarington) - fill placement of temporary sales trailer - attached
b) 168/06-871-03/07 - Municipality of Clarington (Municipality of Clarington) _
Concession Road 8 bridge repair -attached
c) 168/06-872-03/07 - Garth Watson (Township of Hamilton) - Meyers Road bridge
repair - attached
d) 168/06-873-03/07 - Martin Benjamins / Derek Vaneste (Township of Port Hope) -
construction of 50' x 16' addition to existing barn - attached
FA 32/07
MOVED BY:
SECONDED BY:
Charlie Trim
Cal Morgan
THAT the Full Authority approve the permits issued by the Executive.
CARRIED.
Minutes FA 04/07
Page ~
Permits requiring Full Authority discussion:
None.
12. Committee Reports:
None.
13. New Business:
a) New roofing for buildings at the Administrative Centre
FA 33/07
MOVED BY:
SECONDED BY:
Mark Lovshin
Ray Benns
THAT the Full Authority approve the purchase of new roofing for the Administrative
buildings.
CARRIED.
b) 2007 Budget
The CAO/Secretary-Treasurer presented the 2007 budget for discussion. Charlie Trim
and Cal Morgan requested that an accountability report be prepared in the fall for their
respective municipalities as it pertains to the general levy. The members also asked that
the fixed administration portion of the levy be increased each year to reflect the increased
costs associated with it.
FA 34/07
MOVED BY:
SECONDED BY:
Bob Spooner
Charlie Trim
THAT the Full Authority approve the 2007 Budget.
CARRIED.
14. Other Business:
None.
15. In Camera:
None.
16. Adiourn
The meeting adjourned at 9:10 p.m. on a motion by Bob Spooner.
CHAIR
1-3
CLARINGTON HERITAGE COMMITTEE
Minutes of Meeting
May 15th, 2007
MEMBERS PRESENT:
Paul Allore
Philip Carlton
Karina Isert
Victor Suppan
MEMBERS ABSENT:
PLANNING STAFF:
Karin Murphy
David Reesor
James Rook
Andrew Kozak
eslie Wilson
uncillor Novak
Jennifer Knox
Isabel Little
GUEST:
Faye Langmaid
ed members to complete all
equesting to be nominated to a
t ensure you will be re-nominated.
Faye Langmaid revie
Photographs and W
priorities as some
project that they Ii
itization; Recognition Program,
ities agreed on, but we will review the top 6
thers. Members were asked to commit to a
lete.
Recogniti
Project
previ .
had
aftert
was det
(costs wer
review and
achievements a
approximately $30
developed.
now. Chair as reviewed Burlington's program. Isabel had
municipalities and developed an information package that
ittee. A sub-committee was struck - wanted to model
ards gram. Categories were developed (criteria was not). It
wards every 2 years. Plaque or award was not determined
air has this information - requires two to three members to
and present to Council. Program could recognize minor
ring Heritage Week - Public Relations aspect. Would require
this could be taken to the 2008 budget once entire program is
Research Your Own Home
Volunteer - James Rook
"A Guide to Heritage Designation" brochure exists currently. See Appendix 9 in the Heritage
Conservation Plan.
Driving/Walking Tours:
Walking tours on paper existed in the early 1980's. Faye Langmaidllsabel Little will try to
find the tour information for Bowmanville and Newcastle. Charles Taws has developed
Minutes of Clarington Heritage Committee Meeting, May 15th, 2007
walking tour for Orono, in addition to the ones he already does for Bowmanville and
Newcastle.
Photographs
David and Karin have mapped the area in a grid system and spent 20 hours thus far on
this. There are approx. 800 houses and some photos have not been taken. A gap analysis
is being done on the current photo inventory. The photo inventory is linked to the electronic
development tracking system used by Planning that tracks all applications (building permits,
zoning, minor variances for all properties in the Municipality). lie has volunteers from
the Historical Society with digital cameras who could help. P need to be taken in late
October after the leaves have fallen.
07.15
Website
Volunteers - Paul and Andrew, with assistance
Clarington web. Need to develop our look. The
North Ward Guidelines and brochures exis
Project Team must ensure that the web infor
project for the Planning Summer Student in futu
ould be hosted on
uidelines and the
for research.
's could be a
Port Hope, Cobourg and Richmon
site would have a cost (approx.
Communications regarding any municl
The committee hosting our own
el to speak with Clarington
Heritage Page.
Monthly Article
Project put on back bur
y Andrew Kozak
be accepted with minor edits.
"CARRIED"
BUSINE
HiQhwav 40
Doug Allingha
will contact Isabe
tact their Heritage Planner on this project. Heritage Planner
turn review/check all information.
DesiQn Guidelines
Emailed by Chair to Ministry - no response yet.
HeritaQe Buildinos - Darlinoton Township
Status remains the same - not yet completed.
Courtice Historical Buildinqs
Mary has permission to take photographs but has not done so yet.
2
Minutes of Clarington Heritage Committee Meeting, May 15th, 2007
THE WALBRIDGE HOUSE
Chair appeared at May ih GPA on behalf of the committee to reinforce the designation of
the Walbridge House. By-law approved May 14th by Council and cannot be appealed.
Once registered on title the plaque will be ordered. The house has been secured. The
Committee needs to write procedures/ guidelines on how to secure a building. Isabel will
secure, and members will be forwarded, a copy of the Town of Markham's guidelines for
comment.
CHO June 23rd (Saturday) Workshop scheduled
Heritage Committee. The Municipality will pay for
if members car-pool.
will prepare a report to
Planning is investigating the future use of the Walbridge House
Council.
CORRESPONDENCE
ted members of a
possible mileage,
Heritage Community Recognition Program - re
FINANCIAL REPORT
The balance in the account on March
Account Interest
Closing balance for April, 2007
07.16
perty values were discussed as well as agricultural
Orono
baskets a
trail brochure
well as wayfar
meeting July 11 tho
Heritage Conservatio
on 1 st celebrations. Streetscape works, posts, flower
lanned. Merchants on Main articles are being written. The
rtly. There are welcome signs for Mill and Station Streets as
uch has been funded from the Big Box contributions. Next
istrict Advisory Committee - no meeting held.
NEW BUSINESS
40 Beech Avenue Options
The Coach House is for sale by owner's son. The two bedroom home is a challenge to sell
_ priced at approx. $170K. A rear addition includes a kitchen and one bedroom. This is the
last of two gatehouses with historical significance. As a group what do we believe the best
option is for the home - we will need to comment on the owner's decision (e.g. demolition).
This home is in the HCD - we need to be diligent. Once the home has been purchased
3
Minutes of Clarington Heritage Committee Meeting, May 15th, 2007
and Planning receives an application, Isabel will inform the Committee. Committee member
to attend a viewing and provide internal pictures.
Northqlen Neiqhbourhood Desiqn Plan
Public Meeting is Tuesday, May 22nd. Two buildings on Middle Road have secondary
status and should be upgraded to primary. The Clarington and Regional Official Plans
speak to a heritage structure "refuge" - Markham has a refuge, for Clarington this does not
exist yet. The land would need to be purchased and then the homes moved.
07.17 Moved by James Rook, seconded by David Re
THAT 3187 and 3222 Middle Road be upgr
status with follow-up documentation on th
description of the property.
secondary to primary
and historical
Leslie to write follow-up documentation by mi
The Provincial Policy Statement and the Official
do not currently request a cultural re ces assess
requested (i.e. E.I.S, Hydrogeologic Paul to
regarding this issue.
Concession Road 3 - Apple Orchard H
earch.
ey should be conserved. We
the time that other studies are
Isabel an excerpt from his OP
a heritage merit building.
07.18
ittee request the Director of Planning
ces Assessment for properties on the list
an process.
Oron
The doo Hall ilding were replaced. The Hall Board indicated to the
Operation d prior approval from Planning and the Heritage Committee.
The building r all internal and external features. In 1987 the original
windows were out the appropriate approvals for changes to a designated
heritage building. the heritage committee approved changes to the stairway and
balcony area. In 200 kitchen addition was added, again with the heritage Committee's
approval. No record exists of approval to replace the doors, the original doors are still on
site. The Operations Department and Hall Board have been reminded of the proper
procedures for alteration of a heritage building.
Old designation by-laws need to be revisited and updated by the Committee. Isabel will
look after the municipally owned buildings.
Visual Arts Centre - old tongue and groove front door was challenged for the weather seal
and security reasons. The doors have been changed and it has been agreed that the
original doors be hung on each side of the new doors as artefacts.
4
Minutes of Clarington Heritage Committee Meeting, May 15th, 2007
Moved by Karin Murphy, seconded by Leslie Wilson
THAT the meeting be adjourned
Next Meeting
June 19th, 2007
Meeting Room 1 C, 7:00 pm
5
'07JUN13 At111:57:59 D - 8
. ~ ""'-" 4-<'. __.. .._-...... _,..~~...............,. "'.,...~"
Luke Prout ~_. ~...:-.r~ ,,' ~ 'J":~ \
4627 Regiona~ Rd ~f-'~~" ~_;-';td___.c ...~'- -"-'c;"'1kI
Kendal,Ontano 1 l' ~~--=...,. .- ~J1.
LOAIEO !. ,~,,' '" ~
~ 0_.- ~ ~ -:.... -;0. . .. -- ~ ;.t" ." ~::~: r
,~.f
i./F~'f~";i~'C' .--;. ,
~~'~-'-[" "'1
._ _._.', ._ ._ 4_.~_~ '"... t .,.-----".... ..,. ,-~
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
-- _.-.._,,~.
-- --,---:,"""._._-._<,.~~....-
f
Aoc""-_-':;'
i
- --...;
"'._'_'0'__ . _H__ I- ~'- '
June 12,2007
"."..-...~ .,..... .--.'. ,_.-~t "'''-~''''-'-'-''~
I
.-' ----"----'---1' _.
" .....-~.....,...,.~.
Dear Sirs:
C-~i-"-'-.-.':-
'. 'i..-:---,':;'J6"''-:Ui"'1'!::~::,--'r,~~~
We, the undersigned, have recently read that the campaign expenses of the current Mayor, Jim
Abernethy, have been challenged and council has seen fit to request an audit on these expenses.
We formally request that Clarington also require an audit for John Mutton's 2006 campaign
expenses.
The grounds for this request are as follows:
(1) On the Candidates statement filed March 27, 2007 the summary of election contributions over
$100.00 included 26 donations originating from duplicate addresses. The elections act allows
only $750 from any person or group of related corporations, and in light of the hotly contested
campaigns being waged in 2006, it would be proper to test these "unusual" donations for any
improper activities.
(2) The schedule of contributions over $100.00 shows John Mutton donating $1,427.00 towards
his campaign. The schedule 3 inventory of assets at the end of the campaign shows exactly the
same value of furniture from 2003 being brought into the 2006 election and remaining at the end
of the campaign. All very good - John Mutton donated the $1,427 of furniture to the 2006
election and properly recorded this as his ONLY donation.
However, the candidate's 2003 "inventory at the end of the election" above did not show any
amounts carried forward for banners and signs. Two very large banners apparently from the prior
election were draped over the campaign office on King Street. A picture is attached of the
campaign headquarters and the "Elect" comer covered. Approximately half of all roadsign signs
were from the prior election, and in many cases "Elect" was covered by a sticker that said "re-
elect". These expenses cannot have been reflected in the current numbers. These signs
represent thousands of dollars of omitted election expenses.
(3) The candidates expenses show $6,587 paid for the voting day party. The same party in 2003
cost $2,206 (1/3 of 2006), and is very high compared to other candidates. The voting day party
expenses are not included in the election expense limit, but if there were some expenses that
were put in the wrong place, and since the candidate is very close to the expense limit, these
expenses could make a significant difference (especially once the missing signs are in). Based on
the unreasonably high value, and that an incentive exists to place as many costs in the "not
counted" category as possible, these should be reviewed.
(4) The candidate's 2003 schedule 4 (Inventory of Campaign Goods and Materials at the End of
the Campaign) showed $6,886 equipment carried forward at the end of2003. From above, only
$1,427 showed up in 2006. What happened to the other $5,459 of equipment from the last
election? It doesn't seem fair that computers and the like bought with election money suddenly
end up in someone' s den and drop off the face of the earth. As well, since no cash changes hands
on using equipment like the above computer, Clarington should ensure that the above items were
not in fact used in the campaign.
(5) If you look closely at the picture attached, you can just make out the "Clarington, Leading the
Way" municipal banner at the back ofthe campaign office. Since it is a contravention of the
Municipal Act for the town to provide any municipal assets to a candidate during a campaign, the
town should ensure this was properly purchased from a separate source and not "taken" from the
town. "Taken" is used on purpose, as there is no legal way the town could provide this banner
voluntarily. The closing inventory list does not appear to include this banner.
(6) The Municipal Elections Act requires that the fair market value of all advertising, regardless
of who paid for the advertising, that was run with a candidates knowledge be added to the
campaign advertising expenses. Advertising is any article run in the newspaper not written by a
reporter, regardless of who paid for it. The local newspaper ran a number of paid articles labelled
"Mayor's Comer" that dealt with campaign issues, identifying the candidate as the author,
indicating a number of personal opinions (eg. "Total Hockey, Total Success"). The articles were
not necessary to further town business, as the rest of the town page was, but rather provided and
was used as a forum for the candidate to express personal views about issues important to voters.
These articles represent tens of thousands of advertising costs, and therefore the fair market value
of these articles cannot have been added to the candidates campaign expenses yet. There are also
inclusion issues with TV advertising featuring the former Mayor run by the town and the town
web page featuring extensive slide shows of the former Mayor during the campaign period. There
is also an inclusion issue with use of town resources, such as usage of municipal Email addresses
on election material. The Municipal Elections Act states that the value of all donated services
other than volunteer time be included in the candidate's election costs.
The "Total Hockey, Total Success" article is attached. In what way did this article further the
town's clerical duties? It did not. Was it written in such a way that it would influence a number
of voter decisions both by wording, opinion, and timing of ad one week before the election?
Remembering that the building of Total Hockey was one of the hotly contested campaign issues
during the election, as a paid article its purpose seems clear. Therefore it must be an election
expense inclusion, regardless of who paid for it.
r
Based on the above, we feel that there are more than sufficient grounds to audit the election
expenses of the Mayoral candidate John Mutton. In addition, as we understand that ONLY a
provincial judge has the ability to render a decision on the inclusion of items such as the Mayor's
Corner advertisements in campaign expenses, we formally request that Council direct the auditor
to provide a copy of the Mayor's Comers articles (run during the campaign period) to said judge
and to request a ruling from this judge as to whether these articles are required to be included in
campaign expenses. We also formally request that the auditor investigate the donations list to
ensure that the entries that indicate a potential problem through repeat addresses are researched to
ensure the Elections Act has been complied with.
Please note there is a statutory deadline rapidly approaching, and council's decision will be
required quickly.
Luke Prout ~-~
Cynthia Prout ~ "- ~ P VllVi.-t.
/,
.;'
{
I
SCHEDULE 3 -INVENTORY OF CAMPAIGN GOODS A:'iD MATERIALS CONTRIBUTED TO
CANDIDATE'S CAMPAIGN
..,....~
J I
".~' <.~,. '-1 \";'
· Receipts Must be Issued for AD Inveutory Contributions
~i
\.
Description I Dolle I Supplier Lnit I Quantity I Tot21 Vaiue S
Acquirrd V21ue S
Sign stak"5 2D03 VallC1Js 1.0C 2:0 250.00
Furniture 2D03 Mulcer's Furniture
1,17700
I
I
I
I
/
TOTAL VALUE OF INVENTORY CONTRIBUTED TO CANDIDATE'S CAMPAIGN ,,::'1~:~
I
Lkrcu~t"d7ntl.cd'",ur.""'T'r>.n" .n.1;'..c~ "'n.. .r:Jto.L.r"--nnnC-lAJnJLLl.Tl:J:2J..I.l.l.:~T J.l11:'.rl\:n or. __J'},
George Reed 829 Taplin Dr. Pickerinc 7:0.00 i
Halloway Holdings Limltec 1 n Nonquon. OshaWCl- 375.00 t
Halmlnen Group Inc. 1748 Baseline Rd W. Suite 100. Ccur1lce 750.00
HL Gay Family Homes Limited 2727Courtice Rd. Courtice 750.00
Hotburn Biomedical CorporalJon (GorC) 1100 Bennett Rd. Bowmanville 750.CO
Hutton Transport limited RR 1. Lakeside 750.00
Ian Roher 8 Dewboume Ave. Toronto 750.00
Int Brotherh Elect Workers Locat 894 380 Lake Rd. Bowmanville~i
Jonn Mutton (candiaate) 12 Brownsville Court. Newcastle C 1.427.00 )
Kings Bay Golf and Countrf Club Inc. 117 Ringwood. Unit 18. Stouivdle I ::b.ud"'"
KIRMAC Corporallon 4553 Middle Rd. Bowmanville 750.00
Kylemore by the Lake 10080 Kennedy Rd. Mar1<nam 7:0.00
Lawrence Glen HOlaings Ltd GlOOAudley Rd. ~ 750.00
LOB Holdings Inc. 100J Hwy ~.l,;ourtlce 750.00
Mansouri Group Inc. 30 Werlhaim. Sle 10. Ricnmona Hill 7:0.00
Mananna Developments 1038 Pinetree Crt. Oshawa 750.CO
Melody Homes (Same) Ltd. -:40Bradwlck. Unit 22. Ccncoro~' 100.00
Melody Homes (8rooklin) . iOBr.iOWrCK ;;-~=-~-- - 100.00
Mell'Us Developments Inc. -2 1700 LangstarrROad. Concord 750.CO
Miller Paving Limited PO Box 4080. Mar1\nam 750.00
Mincom Millennium Realty Inc. 1603 Hwy 2. Courtice 750.00
MOCO Fanns Ltd. 40 Bradwidt. Unit 22. Concord 100.CO
MOCOR InvestrT'Enls U::!. 40 Bradwidt, Unit 22. Conccrd 100.00
MontgJen Properties Inc. 30 Werthaim. Sle 10. Ricr.mond Hiil 750.00
Neil Aclcn 3225 Balsam Rd. Fidcenng 750.CO
Nordeagle Develcx::ments L:c. 40 8radwidt. Unit Z2. Conc:::rd 100.00
Fanaz Moler Sports :233 Conc:es5lOn Raod 10, Bowmanviiie 750.00
Feter t-bdings Inc. 259 Old Forest Hill Rd. Toronto 750.0.0
Phi!.'Elt:aoeU'l LitCWIt:: E Dewboume Ave. Toronto 750.00
Ron RalInson L'TT1Ited :0751Aapte Grove Rd. BowTr.anwle 750.00
Rase Valley Go:Iup tinted 115 ~_JI Blvd. Wocabncge 750.00
P.u'lnymede 0eV Ca= L:c. 1051 Tac:scccl Rd. Torcr.lO 750.00
Sc:i'ud<emanz 8rcs. urr-,jled 3.'311 8ayYIew Ave. Ncd1 '( =rk 750.00
Sl Uarys Cement Co. 55 Incluslnal St. 4th Acer. Tcrcntc 750.00
Syval DeWiopments 20 Robert St W. Unit A, Newcaslle 750.00
Page 1 of 2
0" V\. o.J-, ~
,
c;\~V')
(.
-t
.
~u-V" lI'- "'I
ONL'1
--
i
j
CLERK'S DEPARTMENT MEMO
PAGE 2
Below is a listing of the names of the applicants.
Kerry Allen
Helen Bajorek MacDonald
Amy Burke (Received past the deadline of June 5, 2007)
Darryl Burke
Duane Cook
Allan D. Hewitt
Gordon Johnston
Cathrine McKeever
Kristin D. McKinnon-Rutherford
Clayton M. Morgan
Elva Reid (Received past the deadline of June 5, 2007)
John Slater
Scott Stevens
Bill Tanner
Peter Vogel (Received past the deadline of June 5, 2007)
It is recommended that the following resolution be passed at the Council meeting of June 25,
2007:
"THAT the following individuals be appointed to the Green Community Advisory Committee
for a term of four years, coinciding with the term of the appointing Councilor until their
successors are appointed: .
. Gregory Smith, Ontario Power Generation
. Representative of Durham Strategic Energy Alliance (To be confirmed)
. Representative of Veridian (To be confirmed)
. Ron Collis, CBOT Board Member
. Richard Marceau, University of Ontario Institute of Technology
. Representative of Clarington Secondary School- Green Initiative Committee
. Four Representatives of the Community at Large (To be decided by Council)
. Glen Murphy, Durham Chapter of the Greater Toronto Home Builders' Association -
Urban Development Institution; and
nts be thanked for their interest in the Committee."
V
Patti L. Barrie, Municipal Clerk
PB:cf
OTHER BUSINESS
Clocmgron
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abernethy and Members of Council
From:
Patti L. Barrie, Municipal Clerk
Date:
June 21,2007
Subject:
APPOINTMENTS TO THE GREEN COMMUNITY ADVISORY COMMITTEE
C12.GE
On May 14, 2007, Council adopted the recommendations contained within Report
PSD-055-07 endorsing the Terms of Reference (ToR) for the Green Community Advisory
Committee. The ToR sets the composition of the Committee as follows:
. Mayor and a Member of Council (Mayor Abernethy and Councillor Novak have been
appointed)
. Representative of Ontario Power Generation
. Representative of Durham Strategic Energy Alliance
. Representative of Veridian
. CBOT Board Member
. Representative of University of Ontario Institute of Technology
. One Youth Representative
. Four Representatives of the Community at Large
. One Developer - Durham Chapter of the Greater Toronto Home Builders'
Association - Urban Development Institution
Following the adoption of the recommendations, letters were forwarded to the various
organizations requesting that they appoint a representative to sit on the Committee and
advertisements were placed in the local newspapers seeking applications from individuals
interested in filling the four Community at Large positions. Distributed under separate cover,
are copies of all applications received in response to these advertisements.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
2007-158 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and 560789 Ontario Limited, c/o R &
M Construction, Acton, Ontario, to enter into agreement for the
Colwill Bridge Watercourse Realignment, Bowmanville Creek East
Branch (Item 23 of Report # 1)
2007 -159 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Lafarge Paving and
Construction Ltd, Oshawa, Ontario, to enter into agreement for the
Sidewalk Construction, East Side of West Townline Road,
Courtice (Item 24 of Report # 1)
2007 -160 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Miller Paving Limited, Whitby,
Ontario, to enter into agreement for the Asphalt Resurfacing
Contract 1 (Item 25 of Report # 1)
2007 -161 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and F.D.M. Contracting Company
Limited, Thornhill, Ontario for the Church Street to St. George
Street Reconstruction (Item 28 of Report # 1)
2007 -162 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Baltimore Development &
Services Limited, Cobourg, Ontario for the Concession Road 3
Bridge Rehabilitation at Pollard (Item 29 of Report # 1 )
2007 -163 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Hard-Co Construction Ltd,
Whitby, Ontario for the Elgin Street Reconstruction (Item 30 of
Report # 1)
2007 -164 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Labno Developments Corporation) (Report # 3)
2007 -165 Being a by-law to repeal By-law 2000-172 and to authorize the
entering into of a Lease Agreement with Goodyear Engineered
Products Canada Inc. respecting certain lands in the Bowmanville
Creek valley as recommended by Report #PD-1 02-00, as
amended by the Addendum to it (Report #6)
2007-166 By-law regarding Report EGD-047-07 - Heavy Traffic - Vehicle
Weight Restrictions (Report #7)
2007-149 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Steven Rowe Environmental
Planner, Toronto, Ontario, to enter into an agreement for
Consulting Services, Municipal Peer Review of the DurhamlYork
Energy From Waste Environmental Assessment Study (Approved
by Council on May 28, 2007)
2007 -150 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and SENES Consulting Limited,
Richmond Hill, Ontario, to enter into an agreement for Consulting
Services, Municipal Peer Review of the DurhamlYork Energy
From Waste Environmental Assessment Study (Approved by
Council on May 28, 2007)
2007 -151 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and PricewaterhouseCoopers LLP.,
Toronto, Ontario, to enter into an agreement for Peer Review and
Consulting Services, DurhamlYork Energy From Waste
Environmental Assessment Study (Approved by Council on
May 28, 2007)
2007-152 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (James Tosswill
and Emily Wilson) (Item 6 of Report # 1)
2007-153 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Prestonvale Heights Limited) (Item 7 of Report # 1)
2007-154 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(289143 Ontario Ltd. - Westvale) (Item 8 of Report #1)
2007 -155 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Halloway Holdings Limited) (Item 10 of Report # 1)
2007 -156 Being a By-law to authorize the execution of a Responsibility
Agreement between the Corporation of the Municipality of
Clarington and The Regional Municipality of Durham for the
operation and maintenance of the sanitary sewer forcemain on
Rudell Road and Regional Road Highway 2 (Item 13 of
Report # 1)
2007-157 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Lions Club, Bowmanville,
Ontario, to enter into agreement for the lease of Clarington Beech
Centre, 26 Beech Street, Bowmanville, Ontario (Item 19 of
Report # 1)
SUMMARY OF BY-LAWS
JUNE 25, 2007
BY-LAWS
2007-142 Being a by-law to authorize the Mayor and the Municipal Clerk to
execute a Servicing Agreement for certain services to be
constructed on Green Road and Stevens Road on behalf of the
Municipality of Clarington (Report #4)
2007-143 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute a First Principles
of Understanding Amendment Agreement to the Principles of
Understanding between the Municipality, Players Business Park
Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc.
(Report #4)
2007-144 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute an Assumption
Agreement between the Municipality, Royal Bank of Canada,
Players Business Park Ltd., West Diamond Properties Inc. and
1613881 Ontario Inc. (Report #4)
2007-145 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute an Assumption
Agreement between the Municipality, 672003 Ontario Inc., Players
Business Park Ltd., West Diamond Properties Inc. and 1613881
Ontario Inc. (Report #4)
2007-146 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute a
Subdivision/Consent Agreement between the Municipality, Players
Business Park Ltd., West Diamond Properties Inc. and the Royal
Bank of Canada (Report #4)
2007 -14 7 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
and to repeal By-law 2007-113 (I ntracorp Developments Ltd.)
(Approved by Council on May 28, 2007)
2007 -148 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and AMEC E & C Services Ltd., Don
Mills, Ontario, to enter into an agreement for Consulting Services,
Municipal Peer Review of the DurhamNork Energy From Waste
Environmental Assessment Study (Approved by Council on
May 28, 2007)
'"
I-
~
HOBB & COMPANY
Attachment No. 1 to
Report CLD-020-07
CHARTERED ACCOUNTANTS. TAa SP'lECIALISTS
'07MAY04 PM 2:51 :19
May 4, 2007
The Corporation of the Municipality of C1arington
40 Temperance Street
Bowmanville, ON
L 1 C 3A6
Attention: Ms. Patti 1. Barrie, A.M.C.T. Municipal Clerk
Dear Ms. Barrie:
RE: Request to do Compliance Audit
Thank you for selecting Hobb & Company to do the Compliance Audit of the election financial returns of
Mayor Jim Abernethy. As discussed, I was the Financial Officer for Jim Schell's mayoralty campaign in
the last municipal election and therefore would have a conflict. As a result, some of the parties may have
concern that my firm would be unable to perform the Compliance Audit. According to an interpretation
of our profession's Rules of Professional Conduct, Hobb & Company would be able to do the audit if two
conditions are met. The first condition is that I could not be involved in any aspect of the engagement,
which I wouldn't be. The second condition is that all parties be made aware of this situation. Would you
kindly inform all the parties of my conflict and advise us of any objections? Denise Jones, a partner in
Hobb & Company, will be responsible for the engagement and the primary contact.
I look forward to your hearing from you.
Yours truly,
'4?
Peter A. Hobb, CA, CFP
Partner
PAH:jr
PETER A. HOBB. CA CFP IAN F. BERGIN. CA THOMAS F.G. HILL. CA DENISE A. JONES. CA
222 KING STREET EAST. SUITE 103 BOWMANVILLE. ON L1C 1 P6
TEL: 905 623-9461 TOLL FREE: 1-866-392-5675 FAX: 905623-9734 EMAIL: BOWMANVILLE"HOBB.CA WEB: WWW.HOBB.CA
REPORT NO.: CLD-020-07
PAGE 2
At the Council meeting of April 30, 2007, Council considered a request from Ron Webb to have
the Election Financial Returns of Mayor Jim Abernethy audited as per the Municpal Elections
Act. In consideration of this matter, Council passed the following Resolution #C-238-07:
"THAT the request for a Compliance Audit of the election financial returns of Mayor Jim
Abernethy, as requested by Mr. Ron Webb, be granted;
THAT Hobb and Company be appointed as the auditor to conduct the compliance audit; and
THAT Ron Webb and Hobb and Company be advised of Council's decision."
On May 1, 2007, correspondence was sent to Hobb and Company advising of Council's
resolution. By letter dated May 4, 2007, Peter Hobb has indicated that he was the Financial
Officer for Jim Schell's mayoralty campaign in the last municipal election and therefore would
have a conflict. He advises, however, that he would be able to do the audit if two conditions are
met:
1.
2.
He could not be involved in any aspect of the engagement; and
All parties be made aware of the situation.
A copy of Mr. Hobb's letter is attached to this report for information.
In considering this matter, the advice of the Solicitor was sought. He advises that if a court
challenge is made of the compliance audit or the Council's response to it, the decision to appoint
Hoob & Company as the auditor may be attacked since Mr. Hobb acted as the financial officer
for Mr. Schell. To minimize the risk of such a challenge being made, the Solicitor advises that it
would be prudent to obtain the consent of Mr. Abernethy and Mr. Webb to the appointment of
Hobb & Company before that firm is actually engaged to conduct the compliance audit.
Based on the Solicitor's advice, I am seeking the views of Mr. Webb and Mr. Abernethy and will
report further at the Council meeting.
.,- *
,qgrmgton
Attachment #1 to
Addendum to Report CLD-020-07
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
Monday, May 14, 2007
Report #: CLD-020-07
File #:
By-law #:
R e.slb Q76- c7
Subject:
COMPLIANCE AUDIT
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report CLD-020-07 be received;
2. THAT Resolution #C-238-07 be reconfirmed;
OR
THAT the Rules of Order be suspended to allow for introduction of a motion to reconsider
Resolution #C-238-07 and to pass a motion to appoint a new auditor for the compliance
audit of the election financial returns of Mayor Jim Abernethy.
Submitted by:
~
ReviewedQ~ ~
Franklin Wu,
Chief Administrative Officer
PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: ADDENDUM TO REPORT CLD-020-07
PAGE 2
At the Council meeting of May 14, 2007, Council dealt with Report CLD-020-07 which advised
that Hobb and Company were unable to complete the compliance audit of Mayor Abernethy's
election financial returns. The request for the compliance audit was granted by Council at their
meeting held on April 30. In consideration of Report CLD-020-07, Council reconsidered their
earlier decision and appointed the firm of Deloitte and Touche to conduct the audit.
I have been advised by Bernie Chandler, Senior Manager, Audit and Insurance Services,
Deloitte and Touche, that their firm is also unable to conduct the audit as the Municipality of
Clarington is a client of the firm. Accordingly, it is recommended that Resolution #C-276-07
passed on May 14, 2007, which appointed Deloitte and Touche as the auditor, be re~onsidered
and another auditor be appointed to conduct the compliance audit.
A copy of Report CLD-020-07 is attached as Attachment #1 for information.
, u.U;;.n.JIIIIICI I L .,.,.... LU
,Cl~n
Addendum #2 to Report
CLD-020-07
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
Monday, June 11, 2007
Report #: Addendum to File #:
Report CLD-020-07
By-law #:
Subject:
COMPLIANCE AUDIT
RECOMMENDA TIONS:
It is respectfully recommended that Council approve the following:
1. THAT the Addendum to Report CLD-020-07 be received;
2. THAT the Rules of Order be suspended to allow for introduction of a motion to reconsider
Resolution #C-276-07 and to pass a motion to appoint a new auditor for the compliance
audit of the election financial returns of Mayor Jim Abernethy.
Reviewed bD ~ ,.t.J'k
Franklin Wu,
Chief Administrative Officer
PLB
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
AttaCnment ~~ to
Addendum #2 to Report
ClD-020-07
Barrie, Patti
From: Jeff Rohr [jeff.rohr@laingrohr.com]
Sent: Tuesday, June 19, 2007 4:45 PM
To: Barrie, Patti
Subject: Compliance Audit (Mayor Abernethy)
Ms. Barrie,
Thank you for considering our firm as auditors for the compliance audit of Mayor Abernethy's election campaign.
In response to your questions, I am pleased to provide the following information:
. Our firm has had experience in auditing election campaigns at the Federal, Provincial and Municipal level.
. Our firm would be able to complete the audit for the Municipality
. We can provide the Municipality with a Letter of Independence
. We work on a fee for time basis. Provided the records are in decent shape and all proper receipts and
documentation are readily available, our fee for this service would not exceed $1,500. This fee would
encompass the audit report only. Any required attendance at councilor other meetings would be billed
separately.
. We would need approximately 2 weeks to complete the audit from the date that we received the
information.
I trust that you will find the foregoing satisfactory. Should you require any further information, kindly contact our
office.
Yours very truly.
Jeffrey L . Rohr, CA
Jeffrey L. Rohr, C.A.
Laing & Rohr, Chartered Accountants
282 King Street East
P.O. Box 187
Oshawa, Ontario
L1 H 7L 1
Tel: (905) 579-6245
Fax: (905) 579-7667
No virus found in this outgoing message.
Checked by A VG Free Edition.
Version: 7.5.472 / Virus Database: 269.9.0/853 - Release Date: 18/06/20073:02 PM
6/20/2007
Attachment #2 to
Addendum #2 to Report
CLD-020-07
Barrie, Patti
From:
Sent:
To:
Subject:
Hilton, Joe [JHilton@bdo.ca]
Tuesday, June 19, 2007 11 :23 AM
Barrie, Patti
Compliance Audit
Dear Ms. Barrie,
I am writing in response to your June 14, 2007 letter sent to our Oshawa office.
forwarded to our Barrie office for consideration.
It was
We respond as follows to your specific questions:
1. Our firm has considerable experience in providing auditor's reports on election
campaign finances pursuant to section 78 of the Municipal Elections Act.
2. We would be able to complete the audit for the Municipality.
3. We can provide a letter of independence. The only matter that we are currently aware
of that may reasonably be thought to bear on our independence is in regards to past
services provided to Mr. Abernethy. In or about 2000 Mr. Stephen Meek, a partner from our
Markham office, provided tax planning services to Mr. Abernethy in connection with the
sale of a family business. To the best of our knowledge at this time, we have had no
other dealings with Mr. Abernethy, the Municipality or the other candidates.
4 & 5. Before providing a fee estimate and timing, we would like to see a copy of the
audit report on Mr. Abernethy's election campaign finances. We would also like to see
details of the allegations against Mr. Abernethy to better determine the scope of work
that may be required. After review of this information we will provide an engagement
letter detailing the terms of our engagement for your acceptance along with confirmation
of our independence.
Please contact the undersigned if you have any questions or concerns at this time.
Sincerely,
Joseph J. Hilton, BScH, CA'CBV
Senior Manager
Financial Advisory Services
300 Lakeshore Drive, Suite 300
Barrie, ON L4N OB4
T: 705-726-6331 F: 705-722-6588
www.bdo.ca
BDO Dunwoody LLP
Chartered Accountants and Advisors
The information contained in this communication is confidential and intended only for the
use of those to whom it is addressed. If you have received this communication in error,
please notify me by telephone (collect if necessary) and delete or destroy any copies of
it. Thank you.
1
Compliance Audit
MUdljll" 1t::11l tfo I lU
Addendum #2 to Report
CLD-020-07
Barrie, Patti
From: Arden Vanderhorst, CA [arden@avdh.ca]
Sent: Sunday, June 17, 200710:44 AM
To: Barrie, Patti
Subject: Compliance Audit
Dear Ms. Barrie:
I am responding in reference to your letter of June 14, 2007 seeking a compliance audit of Mayor Abernethy's
election campaign finances. I have included my answers to your questions below:
Question 1
Yes, my firm has performed municipal election audits previously and has experience doing so.
Question 2
Yes, my firm would be able to complete the audit for the Municipality.
Question 3
I would be able to issue a letter to Municipality asserting my independence in the matter. I have no known ties or
dealings, whether or perceived or factual, to the named individual, members of Council, past or present, or the
Municipality itself.
Questions 4 and 5
My services are based on a hourly charge out rate of $160.00/hour plus GST. My fees for performing these
audits depend on the amount of information to be audited in addition to the availability and condition of the
information. Without an idea of these factors, it is difficult for me to estimate the time that would be required. If
however, you are able to provide me some specifics regarding the campaign's revenues and expenses, I can
better estimate the time and cost involved in performing the audit.
Please note that I am able to myself available in July or August to complete this audit sooner rather than later.
Should you have further queries, or able to provide me with further information, please do not hesitate to contact
me.
Thank you for consideration in this matter.
Regards,
Arden Vanderhorst, CA
(905) 665-8819
The information contained in this electronic mail message, including attachments, is confidential, may be
privileged and is intended for the use of the above-named individual or entity only. If you are not the intended
recipient, please notify me immediately by return e-mail, or by telephone 905-665-8819, then delete this email and
any copies from your system. Any dissemination, distribution or copying of this message or its contents is strictly
prohibited.
6/18/2007
REPORT NO.: ADDENDUM #2 TO REPORT CLD-020-07
PAGE 2
At the Council meeting of June 11,2007, Addendum to Report CLD-020-07 regarding the
Compliance Audit of Mayor Abernethy's election financial returns was presented to Council. In
consideration of this matter, the following resolution was passed:
''THAT the Addendum to Report CLD-020-07 be tabled for two weeks to allow the
Municipal Clerk to find the services an auditor to complete the Compliance Audit."
In response to this resolution, letters have been sent to 83 Chartered Accountants in the areas
of Clarington, Oshawa, Whitby, Ajax, Pickering, Port Hope, Peterborough, Lindsay and one in
Toronto. With the exception of the Toronto company, the companies contacted were all listed
on the Chartered Accountants of Ontario website. The one exception is Horn Almand Chartered
Accountants who was recommended by KPMG LLP.
At the time of writing this report, responses have been received from 21 companies, four of
whom have indicated that they would be able to complete the Compliance Audit. The responses
from Arden Vanderhorst, Joseph Hilton, BOO Dunwoody and Jeffrey Rohr are attached as
Attachments #1 through #3. In speaking with Mr. Vanderhorst, it has been determined that the
experience he has with municipal election audits is in completing financial statements for
candidates, not in completing Compliance Audits. Information has been forwarded to Mr. Hilton
to allow for a fee estimate to be provided. Upon receipt of this information, it will forwarded to
Council. The information provided by Horn Almand Chartered Accountants is that they have
experience with compliance audits, they do not have a conflict and can provide a letter of
independence, the audit would take approximately seven to nine hours to complete, and the fee
estimate is between $1500 and $1800, with a small amount of out of pocket expenses.
It is respectfully recommended that the previous resolution of Council be reconsidered and a
new auditor be appointed to complete the Compliance Audit.
The Addendum to Report CLD-020-07 is attached as Attachment #4.
Unfinished Business
,Qw:il1gfDn
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
Monday, June 25, 2007
Report #: Addendum #2 to File #:
Report CLD-020-07
By-law #:
Subject:
COMPLIANCE AUDIT
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Addendum #2 to Report CLD-020-07 be received;
2. THAT the Addendum to Report CLD-020-07 be lifted from the table;
3. THAT the Addendum to Report CLD-020-07 be received;
4. THAT the Rules of Order be suspended to allow for introduction of a motion to reconsider
Resolution #C-276-07 and to pass a motion to appoint a new auditor for the compliance
audit of the election financial returns of Mayor Jim Abernethy.
...
(//".) ~-kQ 1 .
Reviewed b~ ' ~ "-.J\l1.~
Franklin Wu,
Chief Administrative Officer
PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
Attachment 2
To Addendum Report #PD-102-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_
being a by-law to repeal By-law 2000-172 and to authorize the entering into of a
Lease Agreement with Goodyear Engineered Products Canada Inc. respecting
certain lands in the Bowmanville Creek valley as recommended by Report #PD-
102-00, as amended by the Addendum to it
WHEREAS at its meeting on June 25, 2007, Council of the Municipality of Clarington approved
an Addendum to Report #PD-102-00;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
1. THAT By-law 2000-172 is hereby repealed.
2. THAT the Mayor and the Municipal Clerk be authorized to execute on behalf of the
Municipality of Clarington a Lease Agreement with Goodyear Engineered Products
Canada Inc. respecting a portion of its lands located in Part Lot 2, Concession 1, former
Town of Bowmanville, now in the Municipality of Clarington.
By-Law read a first time this 25th
day of
June
2007
By-Law read a second time this 25th
day of
June
2007
By-Law read a third time and finally passed this
25th day of
June
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2000-
being a by-law to authorize the entering into a Lease Agreement with Goodyear
Canada Inc., the owner ofa parcel ofland located in Part Lot 12, Concession 1,
in the fonner Town of Bowmanville, now in the Municipality of Clarington.
WHEREAS, the Council of the Corporation of the Municipality of Clarington supports the
initiative of Valleys 2000 to enhance and improve the Bowmanville Creek valley;
NOW THEREFORE BE RESOL YED THAT the COWlcil of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and the Clerk be authorized to execute on behalf of the
Corporation of the Municipality ofClarington, and seal with the Corporation's seal,
a Lease Agreement with Goodyear Canada Inc. for a portion of the Goodyear
Canada Inc. lands located in Part Lot 12, Concession I, fonner Town of
Bowmanville, now in the Municipality of Clarington.
BY -LA W read a first time this day of
BY -LAW read a second time this day of
BY-LAW read a third time and finally passed this day of
October
October
October
2000
2000
2000.
MAYOR
CLERK
699004
ACHMENT NO.2
ATT ..
. ,
699003
ATTACHMENT NO.1
~ SUBJECT SITE
LOT 13
~ !E
w ~
~ w
~~ ~ ~
~ · I
'I ~ '\ \1 Lasco_ OR"E .. .'.'-'-'
h~~ -,~~~,~
BOWMANVILLE
KEY MAP
FILE No. RE 6.9.5
LOT 11
699002
,.
REPORT NO.: PD-I02-00
PAGE 3
would connect the CLOCA lands with the Fram property thereby allowing the trail to run south out
to Spry Avenue in absence of securing any additional lands.
The Goodyear Canada Inc. lands are an important link in implementing the Valley 2000 Concept
Plan. Therefore, it is recommended that the attached by-law be passed which would authorize the
Mayor and the Clerk to execute the lease agreement with Goodyear Canada Inc.
Respectfully submitted,
d~~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
Davi J. rome, M.C.I.P., R.P.P.
Director of Planning and Development
IL *BN*DC*sh
26 September 2000
Attachment. I - Key Map
Attachment 2 - Area to be leased
Attachemnt 3 By-Law to execute lease
Interested parties to be notified of Council and Committee's decision:
Dr. Rev. Frank Lockhart
7 Barley Mill Cres.
Bowmanville, Ontario
LIC 4E5
Mr. Craig R. Carter
Fasken Mastineau DuMoulin LLP
Toronto Dominion Bank Tower
Box 20, Suite 4200
Toronto Dominion Centre
Toronto, Ontario
M5K IN6
699001
.~
REPORT NO.: PD-I02-00
PAGE 2
Several discussions have been held with Goodyear's representatives and they have recently
confirmed that it is their preference to lease the property to the Municipality rather than dispose of
the required lands by sale. A draft lease has been prepared and the main elements of the lease
arrangements are as follows:
· The term of the lease would be for 50 years beginning on the date the lease is signed by
all parties.
· Goodyear will retain an access to lands currently being used as a storage area for
dredged material from the Goodyear pond.
· Goodyear will retain an access to the dam structure so that it can be repaired, replaced
or removed.
· Goodyear will be pennitted to use, upon providing 48 hours notice, a section of the trail
and the unopened road allowance owned by the Municipality to proved ingress and
egress from the material storage area and Roenick Drive.
· The Municipality shall maintain general liability insurance to the satisfaction of
Goodyear Canada Inc.
· The Municipality may construct or install landscaping, trails and lookouts including a
drainage system, a water supply system, and lighting system and pavement provided
that a truck route is constructed and maintained to accommodate dwnp trucks which
will be used to remove dredged material, signs are posted to prohibit swimming and
trespassing on the Goodyear lands, fencing is installed on the west side of the creek and
around the dredged material storage area, shrubbery is planted on the east side of
Bowmanville Creek and the Goodyear pond, and the Municipality obtains written
approval from Goodyear prior the construction of any buildings or structures.
· Goodyear will permit the Municipality access to the dam, pond and Bowmanville
Creek for the purpose of constructing and installing improvements to the fish ladder.
The Municipal solicitor is finalizing the details of the lease with Goodyear's solicitor and an
arrangement which is suitable to all parties is expected shortly. To date, the Municipality has
entered into a lease arrangement with the Central Lake Ontario Conservation Authority for the
valley lands north and west of the Goodyear site. The Municipality has also secured the purchase
of the Fram Holdings Ltd. lands to the southwest ofthe Goodyear property. This latter property
abuts a municipal road allowance which leads out to Spry Avenue. Approval of the lease
arrangement for the Goodyear property would pennit the implementation of the concept plan for
approximately the north half of the creek valley between Highway No.2 and Baseline Road. It
699
"
DN: PI02-00
Attachment 1
To Addendum Report #PD-102-QQ
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
CONFIDENTIAL
Meeting:
General Purpose and Administration Committee File #
Date:
Monday, October 2, 2000 Res. #
By-law #
Report #:
PD-I02-00
File #: RE 6.9.5
Subject:
LEASE AGREEMENT FOR GOODYEAR CANADA INC. LANDS IN THE
BOWMANVILLE CREEK VALLEY; PART LOT 12, CONCESSION 1,
FORMER TOWN OF BOWMANVILLE
Recommendations:
1. THAT report PD-l 02-00 be received;
2. THAT the Municipality of Clarington enter into a lease agreement at a nominal cost,
containing terms that the Director of Planning and Development considers necessary to
protect the Municipality's interests, with Goodyear Canada Inc. for a portion of the
Bowmanville Creek valley shown in the plan contained in Attachment No.2.
3. THAT a By-Law be passed to authorize the Mayor and the Clerk to execute the lease
agreement on behalfofthe Corporation of the Municipality ofClarington; and
4. THAT Goodyear Canada Inc. be forwarded a copy of this report and a copy of
Council's decision.
Over the past year Valleys 2000 (Bowmanville) Inc. has been actively seeking to acquire, either
through purchase or lease, lands within the Bowmanville Creek valley for the purposes of
implementing the Valleys 2000 Concept Plan. Goodyear Canada Inc. owns one of the largest
parcels ofland in the valley between Highway No.2 and Baseline Road (Attachment No.1). Their
total land holdings is 15.6 hectares, 6.5 hectares of which is valley lands. Goodyear's industrial
operation exists on the tablelands on the east side of the creek (Attachment No.2). The Valleys
2000 Concept Plan depicts several improvements to the area on the west side of the creek
including the planting of trees, shrubs and wildflowers, a primary asphalt trail and a secondary
granular trail, a paved maintenance access near the existing dam, a pavilion and lookout decks, and
interpretative signage.
698
ADDENDUM TO REPORT NO.: #PD-102-00
PAGE 2
1.0 BACKGROUND
1.1 Report #PD-102-00 (Attachment 1) was approved by Council at its meeting on October 2,
2000. It noted that Valleys 2000 (Bowmanville) Inc. had been actively seeking to acquire
either through purchase or lease land within the Bowmanville Creek valley for the purpose of
implementing the Valleys 2000 Concept Plan.
1.2 At that time, Goodyear Canada Inc. owned one of the largest parcels of land in the valley
between Highway 2 and Baseline Road. Its industrial operation was located on the tablelands
on the east side of the Creek. The Valleys 2000 Concept Plan depicted several improvements
to the area on the west side of the Creek including landscaping, the construction of a primary
asphalt trail and a secondary granular trail, a paved maintenance area near the existing dam,
a pavilion and look-out decks and interpretative signage.
1.3 At the time of the original report dated October 2, 2000, the matters regarding the land
exchanges and purchases were confidential. Since that time, all of these matters have been
addressed and there is no need for this Addendum Report to #PD-1 02-00 to be confidential.
1.4 By its approval of Report #PD-18-00, at its meeting on February 14, 2000 Council approved
the Concept Plan for the Valleys 2000 project except for a by-pass channel around
Goodyear's pond pending further investigation as to its viability.
1.5 Report #PD-1 02-00 recommended that a by-law be passed (By-law 2000-172) authorizing the
Municipality to enter into a Lease Agreement containing terms that the Director of Planning
considers necessary to protect the Municipality's interests for a portion of Goodyear's valley
lands situated on the easterly side of the Creek.
1.6 The Lease Agreement was executed by Goodyear Inc.'s signing officers in order to facilitate
receipt by Valleys 2000 (Bowmanville) Inc. of a Trillium grant from the Province of Ontario to
assist it in implementing the Concept Plan for the Valleys 2000 project. However, it was not
executed by the Municipality of Clarington pending resolution of certain technical issues.
1.7 These technical issues have been resolved. However, Goodyear Canada Inc. recently has
transferred its interest in the lands subject to the lease agreement to Goodyear Engineered
Products Canada Inc.
1.8 The purpose of this Addendum Report is to obtain Council's approval of the Lease Agreement
referred to in Report #PD-102-00 being made with Goodyear Engineered Products Canada
Inc. rather with than Goodyear Canada Inc.
2.0 CONCLUSIONS
2.1 The references to Goodyear Canada Inc. need to be replaced with references to Goodyear
Engineered Products Canada Inc. It is recommended that Council pass a by-law to repeal By-
law 2000-172 and to authorize the execution of the Lease Agreement on behalf of the
Municipality with Goodyear Engineered Products Canada Inc.
Attachments:
Attachment 1 - Report #PD-1 02-00
Attachment 2 - By-law to Authorize Lease Agreement
q@l]glDn
REPORT #6
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Report #:
Monday, June 25,2007
Addendum to Report #PD-102-00 File #: RE 6.9.5
By-law #:
Date:
Subject:
LEASE AGREEMENT FOR GOODYEAR ENGINEERED PRODUCTS CANADA INC.
LANDS IN THE BOWMANVILLE CREEK VALLEY; PART LOT 12, CONCESSION 1,
FORMER TOWN OF BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report #PD-1 02-00 be received and APPROVED; and
2. THAT Council pass a By-law to authorize the Mayor and the Municipal Clerk to execute a Lease
Agreement with Goodyear Engineered Products Canada Inc. as contemplated by Report #PD-
102-00, as amended by this Addendum Report.
Submitted by:
Reviewed by:
(:J~0Sk
Franklin Wu,
Chief Administrative Officer
D id . rome, M.C.I.P., R.P.P.
Director of Planning Services
DH/FLlDJC/df
21 June 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
Attachment 12
To Report PSD-088-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-146
being a by-law to authorize the Mayor and the Municipal Clerk on behalf of
the Municipality of Clarington to execute a Subdivision/Consent
Agreement between the Municipality, Players Business Park Ltd., West
Diamond Properties Inc. and the Royal Bank of Canada
WHEREAS Council has approved the recommendations contained in Report #PSD-
088-07 at its meeting on June 25, 2007; and,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and the Municipal Clerk are authorized on behalf of the
Municipality of Clarington to execute a Subdivision/Consent Agreement between
the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and
the Royal Bank of Canada substantially in the form of the draft
Subdivision/Consent Agreement contained in Attachment 7 to Report #PSD-088-
07.
By-Law read a first time this
25th
day of
June
2007
By-Law read a second time this
25th
day of
June
2007
By-Law read a third time and finally passed this 25th day of June 2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 11
To Report PSD-088-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-144
being a by-law to authorize the Mayor and the Municipal Clerk on behalf of
the Municipality of Clarington to execute an Assumption Agreement
between the Municipality, 672003 Ontario Inc., Players Business Park
Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc.
WHEREAS Council has approved the recommendations contained in Report #PSD-
088-07 at its meeting on June 25, 2007;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and the Municipal Clerk are authorized on behalf of the
Municipality of Clarington to execute an Assumption Agreement between the
Municipality, 672003 Ontario Inc., Players Business Park Ltd., West Diamond
Properties Inc. and 1613881 Ontario Inc. substantially in the form of the draft
Agreement contained in Attachment 6 to Report #PSD-088-07.
By-Law read a first time this
25th day of
June
2007
By-Law read a second time this
25th day of
June
2007
By-Law read a third time and finally passed this
25th
day of June
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 10
To Report PSD-088-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-145
being a by-law to authorize the Mayor and the Municipal Clerk on behalf of
the Municipality of Clarington to execute an Assumption Agreement
between the Municipality, Royal Bank of Canada, Players Business Park
Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc.
WHEREAS Council has approved the recommendations contained in Report #PSD-
088-07 at its meeting on June 25,2007;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and the Municipal Clerk are authorized on behalf of the
Municipality of Clarington to execute an Assumption Agreement between the
Municipality, Royal Bank of Canada, Players Business Park Ltd., West Diamond
Properties Inc. and 1613881 Ontario Inc. substantially in the form of the draft
Agreement contained in Attachment 5 to Report #PSD-088-07.
By-Law read a first time this 25th
day of
June
2007
By-Law read a second time this 25th
day of
June
2007
By-Law read a third time and finally passed this 25th
day of June
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 9
To Report PSD-088-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-143
being a by-law to authorize the Mayor and the Municipal Clerk on behalf of
the Municipality of Clarington to execute a First Principles of
Understanding Amendment Agreement to the Principles of Understanding
between the Municipality, Players Business Park Ltd., West Diamond
Properties Inc. and 1613881 Ontario Inc.
WHEREAS Council has approved the recommendations contained in Report #PSD-
088-07 at its meeting on June 25, 2007; and,
NOW THEREFORE BE IT RESOLVED the Council of The Corporation of the
Municipality of Clarington hereby enacts as follows:
1. THAT the Mayor and the Municipal Clerk are authorized on behalf of the
Municipality of Clarington to execute the First Principles of Understanding
Amendment Agreement between the Municipality, Players Business Park Ltd.,
West Diamond Properties Inc., 1613881 Ontario Inc., Royal Bank of Canada and
672003 Ontario Inc. substantially in the form of the draft Agreement contained in
Attachment 4 to Report #PSD-088-07.
By-Law read a first time this
25th
day of
June
2007
By-Law read a second time this
25th
day of
June
2007
By-Law read a third time and finally passed this
25th
day of
June
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 8
To Report PSD-088-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-142
being a by-law to authorize the Mayor and the Municipal Clerk to execute
a Servicing Agreement for certain services to be constructed on Green
Road and Stevens Road on behalf of the Municipality of Clarington
WHEREAS Council has approved the recommendations contained in Report #PSD-
088-07 at its meeting on June 25, 2007; and,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and the Municipal Clerk are authorized to execute on behalf of
the Municipality of Clarington the Servicing Agreement between Players
Business Park Ltd., West Diamond Properties Inc., and Royal Bank of Canada
substantially in the form of the Servicing Agreement contained in Attachment 3 to
Report #PSD-088-07.
By-Law read a first time this
25th
day of
June
2007
By-Law read a second time this 25th
day of
June
2007
By-Law read a third time and finally passed this 25th
day of June
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
SCHEDULE "J"
THIS SCHEDULE IS SCHEDULE "J" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington, enacted and passed the 25th day of June, 2007.
Boswell Drive Works Cost Estimate
Schedule "I"
Page 2
The issuance of such policy or policies of insurance or the acceptance of it or
them by the Municipality shall not be construed to relieve Players/West Diamond from
responsibility for other or larger claims for which it may be held responsible.
3. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day on which
the first Authorization to Commence Works is issued and shall terminate no earlier than
the last day on which all Certificates of Acceptance have been issued for each of the
Works for all of the Works contemplated by this Subdivision/Consent Agreement.
Schedule "I"
Page 1
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality ofClarington, enacted and passed the 25th day of June, 2007.
INSURANCE REQUIRED
1. TYPES QF CQVERAGE REQUIRED
Players/West Diamond shall obtain and maintain insurance of the character
commonly referred to as public liability and property damage with an insurance company
approved by the Municipality's Director of Finance/Treasurer and licensed in Ontario to
underwrite such insurance and containing terms and conditions which are acceptable to
the Municipality's Director of Finance/Treasurer. Such policy or policies of insurance
shall indemnify the Municipality against all damage or claims for damage for:
(a) Any loss or damage that shall or may happen to any of the Works or any of the
Utilities or to any part or parts thereof respectively;
(b) Any loss or damage that shall or may happen to any of the materials or any of the
equipment or any other things used to construct or install any of the Works or any
part or parts thereof respectively;
(c) Any injury to any person or persons including workmen employed on the
Players/West Diamond Lands (unless covered by Workers Safety & Insurance
Board) and the public;
(d) Any loss or damage that shall or may result from the drainage of surface water on
or from the Players/West Diamond Lands;
(e) Any loss or damage that shall or may result from the disposal of effluent from any
sewage disposal works; and
(f) Any loss or damage that shall or may happen to any public road or to any other
property of the Municipality or to the property of any other person either directly
or indirectly by reason of the Players/West Diamond undertaking any or all of the
Works.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of
Players/West Diamond and the Municipality and shall provide the following minimum
coverages for five million ($5,000,000) dollars for all damage arising out of one (1)
accident or occurrence or series of accidents or occurrences.
Schedule "H"
Page 2
6. DUMPING OF FILL OR DEBRIS
Players/West Diamond agrees to neither dump, nor permit to be dumped, any fill
or debris, on nor to remove, or permit to be removed any fill from any part of the
Players/West Diamond Lands to be dedicated to the Municipality other than the
roads within the limits of the Players/West Diamond Lands, without the written
consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
Players/West Diamond shall remove and dispose of all construction garbage and
debris from the Players/West Diamond Lands in an orderly and sanitary fashion in
a dump site off the Players/West Diamond Lands and approved by the Director.
The Municipality shall not be responsible for the removal or disposal of garbage
and debris. Without derogating from the foregoing provisions of this paragraph, if
Players/West Diamond fails to remove construction garbage or debris from the
Property for a period of three (3) consecutive days following the giving of written
notice by the Director to Players/West Diamond requiring it to do so, the Director
may cause the construction garbage or debris to be removed to and disposed of in
the aforesaid dumping site at the expense of Players/West Diamond. Forthwith
after the Director gives written notice to Players/West Diamond requiring it to pay
for the costs incurred in removing and disposing of the construction garbage or
debris, Players/West Diamond shall pay the Municipality the amount of money
for it is invoiced.
8. QUALITATIVE AND QUANTITATIVE TESTS
Not used.
9. WEED AND RAT CONTROL
After the commencement of construction Players/West Diamond shall institute upon the
Players/West Diamond Lands a program of weed and rat control to the satisfaction of the
Director.
Schedule "H"
Page I
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality ofClarington, enacted and passed the 25th day of June, 2007.
REGULA TIONS FOR CONSTRUCTION
1. RESPONSIBILITY FOR DESIGN
All work pursuant to and associated with this Subdivision/Consent Agreement
shall be carried out in strict conformity with all approved Engineering Drawings,
the Municipality's Design Criteria, Standard Drawings and Specifications or any
revisions thereof and all applicable legislation, in addition to any requirements set
out in this Subdivision/Consent Agreement.
2. SAFETY
Players/West Diamond shall ensure that all construction pursuant to and
associated with this Subdivision/Consent Agreement is carried out in
conformance with the Occupational Health and Safety Act, and other applicable
legislation.
3. PERMITS AND APPROVALS
Players/West Diamond shall ensure that any and all permits and approvals
required to install or construct or prepare to install or construct any of the Boswell
Drive Works pursuant to or associated with any part of this Subdivision/Consent
Agreement have in fact obtained and are valid and in good standing.
4. REQUIREMENTS FOR BLASTING
Not Used.
5. REMOV AL OF TOPSOIL
Not Used.
Schedule "G"
Page 3
immediately after becoming apprised of each change shall give the Director
written notice of it.
5. PROVIDE PROGRESS REPORTS
Players/West Diamond's Engineer shall provide the Director with reports on the
progress of the construction and installation of the Boswell Drive Works on a
monthly basis, or at such other interval as approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
Players/West Diamond's Engineer shall prepare and submit the as-constructed
drawings of the Boswell Drive Works together with the computer disks, if any
have been prepared, to the Director provided that the as-constructed drawings
shall be prepared to the satisfaction of the Director.
Schedule "0"
Page 2
(b) To thoroughly inspect the construction, installation, and supply of
materials to ensure that all work is being performed in accordance with the
Engineering Drawings, the Municipality's Design Criteria and Standard
Drawings, and applicable plans of survey, as the case may be, and all
applicable law. Players/West Diamond's Engineer shall have the authority
and responsibility to immediately stop and/or reject any work, procedure,
or material which in his opinion does not comply with the Engineering
Drawings, the Municipality's Design Criteria and Standard Drawings, the
applicable plans of survey and/or the applicable law.
(c) To provide co-ordination and scheduling of the construction and
installation of the Boswell Drive Works in accordance with the timing
provisions contained in this Subdivision/Consent Agreement and the
requirements of the Director.
(d) To investigate and immediately report to the Director any unusual
circumstances, potential problems, conflicts, errors, defective work or
material which may arise during the construction and installation of the
Boswell Drive Works.
(e) To obtain field information during and upon completion of the
construction and installation of the Boswell Drive Works required to
modify the Engineering Drawings to produce the as-constructed drawings
of the Boswell Drive Works.
4. MAINTAIN RECORDS
Players/West Diamond's Engineer shall maintain all records, data, reports,
approvals and orders pertaining to the construction and installation including all
contract documents, sub-contracts and supply contracts, payment certificates,
payment records and receipts, certificates of substantial performance, the names
and addresses of all contractors, sub-contractors and suppliers of materials and
services, certificates of completion of sub-contracts and proof of service and
publication thereof in accordance with the provisions of applicable legislation and
make all of the foregoing available for examination by the Director as required by
the Director without cost. If any change is made in the terms of a contract, sub-
contract or supply contract or in the name or address of a contractor, sub-
contractor and supplier from information that may not have been provided to the
Director by Players/West Diamond or Players/West Diamond's Engineer pursuant
to this Subdivision/Consent Agreement, Players/West Diamond's Engineer
Schedule "0"
Page 1
SCHEDULE"G"
THIS SCHEDULE IS SCHEDULE "G" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
DUTIES OF PLA YERS/WEST DIAMOND'S ENGINEER
I. RESPONSIBILITY FOR DESIGN ETC.
In addition to the other requirements of this Subdivision/Consent Agreement,
Players/West Diamond's Engineer shall prepare all drawings, plans, studies,
reports, estimates, calculations and documentation for the consideration and
approval of the Director. The approval of the Director shall not absolve or release
Players/West Diamond or Players/West Diamond's Engineer of the responsibility
and liability for any errors or omissions in the above drawings, plans, reports,
stages or documentation or from liability for any damage or loss caused or
resulting directly or indirectly by Players/West Diamond's Engineer.
2. REPRESENT PLA YERS/WEST DIAMOND AND OBTAIN
MUNICIPALITY APPROVALS
Players/West Diamond's Engineer is hereby authorized by Players/West Diamond
to act as Players/West Diamond's representative in all matters pertaining to the
design, construction and installation of the Boswell Drive Works and the overall
management of the development, and shall co-operate with the Municipality and
the Director to protect the interests of the Municipality and the general public in
all matters relating to the design, construction and installation of the Boswell
Drive Works.
3. PROVIDE RESIDENT SUPERVISION
Players/West Diamond's Engineer shall provide fully qualified, experienced
supervisory layout and inspection staff, acceptable to the Director, to provide
continuous inspection service during all phases of the construction and installation
of the Boswell Drive Works. Without limiting the generality of the foregoing,
Players/West Diamond's Engineer shall be responsible for the following:
(a) To carry out or arrange for the carrying out by qualified personnel of field
layout including the provision of line and grade to the contractors and,
where required, restaking.
Schedule "F "
Page 6
8. Reduction and Release of Maintenance Guarantee
Players/West Diamond will not require the Municipality to release to
Players/West Diamond the Security for the Maintenance Guarantee until each of the
following conditions is satisfied:
(a) A Certificate of Acceptance has been issued for the Boswell Drive Works
for which such Maintenance Guarantee is required under this
Subdivision/Consent Agreement.
(b) The Municipality is satisfied that there are not outstanding claims relating
to such Boswell Drive Works which the Municipality is required or may
be permitted to pay either under the provisions of the Construction Lien
Act or otherwise.
(c) The Municipality is satisfied that Players/West Diamond is not in breach
of any of its covenants contained in this Subdivision/Consent Agreement.
(d) The Director has received the as-constructed drawings for such Boswell
Drive Works from Players/West Diamond as well as the computer disks, if
any, have been prepared by Players/West Diamond's Engineer.
9. Unpaid Monies
Except as otherwise provided in this Subdivision/Consent Agreement, the due
date of any money payable under it, unless a different due date is specified in this
Subdivision/Consent Agreement, shall be thirty (30) days after the date of the giving of
the written invoice to Players/West Diamond. Interest shall be calculated and be paid by
Players/West Diamond to the Municipality on all sums of money of which Players/West
Diamond is in default at the same rate, and in the same manner, and at the same time as is
the case with Municipality taxes which are in arrears at the date on which the default in
question commences.
Schedule "F "
Page 5
Guarantee fifteen (15%) percent of the value of the completed Boswell
Drive Works, also determined by the Director after considering the
material, if any, submitted to the Director by Players/West Diamond's
Engineer in support of an application for reduction of the Boswell Drive
Works Performance Guarantee in respect of the Boswell Drive Works that
have been completed by Players/West Diamond as well as the contract
documents, sub-contracts and supply contracts pertaining to the Boswell
Drive Works and the provisions of the Construction Lien Act.
(b) Players/West Diamond will not require the Municipality to release to
Players/West Diamond any unused portion of the Boswell Drive Works
Performance Guarantee until each of the following conditions is satisfied:
(i) A Certificate of Completion has been issued for the Boswell Drive
Works for which the Boswell Drive Works Performance Guarantee
was initially required to be deposited with the Municipality.
(ii) Players/West Diamond has deposited or has left on deposit with
the Municipality the Maintenance Guarantee applying to the
Boswell Drive Works for which the Boswell Drive Works
Performance Guarantee initially was required to be deposited with
the Municipality.
(iii) The Director is satisfied that in respect of the construction and
installation of the Boswell Drive Works for which such Boswell
Drive Works Performance Guarantee was initially required to be
deposited with the Municipality, there are no outstanding claims
relating to the Boswell Drive Works.
(iv) The Municipality is satisfied that there are no outstanding claims
relating to the Boswell Drive Works which the Municipality is
required or may be permitted to pay either under the provisions of
the Construction Lien Act or otherwise.
(v) The Municipality is satisfied that Players/West Diamond is not in
breach of any of its covenants contained in this
Subdivision/Consent Agreement.
Schedule "F "
Page 4
Finance/Treasurer and containing terms satisfactory to the Municipality's Director
of Finance/Treasurer, as security for the Maintenance Guarantee (the "Security
for the Maintenance Guarantee").
(2) The Maintenance Guarantee expires on the later to occur of (1) the date of
issuance of the Certificate of Acceptance ofthe Boswell Drive Works, and (2) the
day which commences on the date of the issuance of the Certificate of
Completion of the Boswell Drive Works and is two (2) years following the date of
its commencement.
6. Use of Maintenance Guarantee
From time to time, the Municipality may appropriate the whole or any part of the
Security for the Maintenance Guarantee if Players/West Diamond fails to pay any cost(s)
payable by Players/West Diamond to the Municipality under this Subdivision/Consent
Agreement. The amount(s) of such appropriation shall not exceed the amount(s) which in
the opinion of the Director are required to remedy Players/West Diamond's breach(es) or
default(s) as determined by the Director of correcting or remedying a deficiency(s) or
defect(s) in the Boswell Drive Works or a portion or component thereof, which is
covered by the Maintenance Guarantee and is in question. Forthwith after the
Municipality makes any such appropriation, the Director shall give Players/West
Diamond written notice thereof. Forthwith, after the giving of such notices, Players/West
Diamond shall restore the Security for the Maintenance Guarantee to the full amount
required by this Subdivision/Consent Agreement.
7. Reduction and Release of Boswell Drive Works
Performance Guarantee
(a) Prior to the release of the Boswell Drive Works Performance Guarantee,
in the discretion of the Director, the amount of the Boswell Drive Works
Performance Guarantee may be reduced, from time to time, to reflect the
progress of completion of the Boswell Drive Works and other facilities
and improvements which are required to be constructed and installed by
Players/West Diamond after taking into account any outstanding claims
the satisfaction of which is provided for in this Subdivision/Consent
Agreement. The maximum reduction that may be permitted to be made by
the Director is such that will leave on deposit with the Municipality as the
Boswell Drive Works Performance Guarantee is the amount equal to the
sum of (1) the value of the uncompleted Boswell Drive Works as
determined by the Director having regard for the Boswell Drive Works
Cost Estimate then in force plus any amount determined by the Director
but not to exceed twenty (20%) percent of such value as a completion
allowance payable to the Municipality, and (2) as the Maintenance
Schedule "F "
Page 3
Municipality that Players/West Diamond will not require the Municipality
to pay interest on any portion of it for the period in which it is held by the
Municipality and deposited by the Municipality in an interest bearing
account in the name of the Municipality, in the event that an amount equal
to the appropriate or any part of it is paid by the Municipality either to
Players/West Diamond, to the bank which issued the letter of credit for
deposit as the Boswell Drive Works Performance Guarantee, as directed
by Players/West Diamond or the bank, as the case may be.
3. Indemnification of Municipalitv
Players/West Diamond shall defend, indemnify and save the Municipality
harmless from and against all actions, claims, liabilities, losses, damages and expenses
including reasonable legal fees which arise by reason of or are caused in whole or in part
by the making and/or the implementation of this Subdivision/Consent Agreement, or the
design, construction and installation, supervision of construction and installation,
inspection, and/or maintenance of the Boswell Drive Works by Players/West Diamond,
its employees, contractors, suppliers of services or materials, Players/West Diamond's
Engineer, Players/West Diamond's Engineer's employees, and Players/West Diamond's
licensees.
4. Insurance
Players/West Diamond shall obtain and maintain insurance and deposit the proof
thereof as required by and in accordance with Schedule "I" of this Subdivision/Consent
Agreement.
5. Maintenance Guarantee Required
(1) From the date of issuance of an Authorization to Commence the Boswell Drive
Works until the date of issuance of a Certificate of Acceptance of the Boswell
Drive Works or particular component(s) of the Boswell Drive Works,
Players/West Diamond agrees with the Municipality to promptly correct, remedy,
repair or replace any portion or component of the Boswell Drive Works in
question that the Director determines to be defective or deficient having regard to
the provisions of this Subdivision/Consent Agreement at Players/West Diamond's
cost (the "Maintenance Guarantee"). The amount of the required Maintenance
Guarantee shall be determined in accordance with paragraph 5( 1) of this
Schedule. Players/West Diamond shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
Players/West Diamond shall deposit or leave on deposit with the Municipality,
cash or an irrevocable and unconditional letter of credit by a bank listed in
Schedule "I" of the Bank Act acceptable to the Municipality's Director of
Schedule "F "
Page 2
Boswell Drive Revised Works Cost Estimate. Players/West Diamond
shall deposit with the Municipality cash or an unconditional and
irrevocable letter of credit in such amount issued by a bank listed in
Schedule "I" of the Bank Act that is acceptable to the Municipality's
Director of Finance/Treasurer and which contains terms satisfactory to the
Municipality's Director of Finance/Treasurer.
(d) In the event that Players/West Diamond does not increase the amount of
the Boswell Drive Works Performance Guarantee for a period of thirty
(30) days following the giving of written notice by the Director to
Players/West Diamond requiring an increase in the amount of the Boswell
Drive Works Performance Guarantee, any Authorization to Commence
Work that has been issued shall terminate.
(e) The Director shall give Players/West Diamond written notice that the
Boswell Drive Works have been completed. No later than the expiry of the
ten (10) day period following the date on which this written notice is given
to Players/West Diamond of the as-constructed costs of the Boswell Drive
Works. If the as-constructed costs of these Boswell Drive Works as
determined by the Director ("As-Constructed Costs") exceeds the then
current Boswell Drive Work Cost Estimate, forthwith after written
demand is given to it by the Director, Players/West Diamond shall pay to
the Municipality any amount by which such As-Constructed Costs
exceeds the then current Boswell Drive Works Cost Estimate of the As-
Constructed Costs of the Boswell Drive Works.
2. Use of Boswell Drive Works Performance Guarantee
(a) From time to time the Municipality may appropriate the whole or anyone
or more portions of the Boswell Drive Works Performance Guarantee up
to an amount(s) determined by the Director, which in aggregate shall not
exceed the amount(s) which in the opinion of the Director is required to
remedy Players/West Diamond's breach(es) or default(s) of or under the
provisions of the Subdivision/Consent Agreement. Forthwith after making
each such appropriation, the Director shall give Players/West Diamond
written notice thereof and Players/West Diamond shall forthwith reinstate
the Boswell Drive Works Performance Guarantee to the full amount
required by this Subdivision/Consent Agreement.
(b) If the whole or any portion of the Boswell Drive Works Performance
Guarantee is appropriated by the Municipality as aforesaid and is not fully
expended by the Municipality, Players/West Diamond agrees with the
Schedule "F "
Page 1
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
BOSWELL DRIVE WORKS
PERFORMANCE GUARANTEE
1. Boswell Drive Works Performance Guarantee Required
(a) On or prior to the execution of this Subdivision/Consent Agreement by the
Municipality, Players/West Diamond shall deposit with the Municipality,
cash or an irrevocable and unconditional letter of credit issued by a bank
listed in Schedule "I" or "II" of the Bank Act, acceptable to the
Municipality's Director of Finance/Treasurer, and in a form and
containing terms and conditions satisfactory to the Municipality's Director
of Finance/Treasurer ("Boswell Drive Works Performance Guarantee").
The Boswell Drive Works Performance Guarantee shall be in the amount
determined by the Director to be the amount required to secure to the
Municipality the performance by Players/West Diamond of its covenants
contained in this Subdivision/Consent Agreement to construct and install
the Boswell Drive Works.
(b) Without limiting the generality of the foregoing, in making his
determination, the Director shall have regard for the "Boswell Drive
Works Cost Estimate" or the "Revised Boswell Drive Works Cost
Estimate" (both terms as hereafter defined) whichever is applicable, for
the construction and installation of the Boswell Drive Works which either
application has been made by Players/West Diamond to the Director for
the issuance of an Authorization to Commence Works or an Authorization
to Commence Works has been issued by the Director.
(c) If from time to time following the issuance of any Authorization to
Commence Works the Director is of the opinion that the amount of the
Boswell Drive Works Performance Guarantee should be increased in order
to protect the Municipality's interests under this Subdivision/Consent
Agreement, the Director shall consider and, acting reasonably, approve a
Boswell Drive Revised Works Cost Estimate which on his approval shall
be deemed to be the Boswell Drive Works Cost Estimate for the purposes
of this Subdivision/Consent Agreement. Forthwith after the Director
approves a Boswell Drive Revised Works Cost Estimate, he shall give to
Players/West Diamond written notice of his decision and a copy of the
Schedule "E"
Page 12
incurs in repairing damage caused by Players/West Diamond to any property of the
Municipality in constructing and installing any of the Boswell Drive Works. The deposit
or so much of it as is not drawn upon for the aforesaid purpose shall be repaid by the
Municipality to Players/West Diamond without interest when the Security for the
Maintenance Guarantee of the Boswell Drive Works is repaid by the Municipality to
Players/West Diamond.
Schedule "E"
Page 11
18. Requirements for Certificate of Completion
Players/West Diamond acknowledges and agrees that the construction and
installation of any of the Boswell Drive Works authorized in an Authorization to
Commence Works shall not be deemed to be completed for the purposes of this
Subdivision/Consent Agreement until the Director has provided Players/West Diamond
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Subdivision/Consent Agreement respecting its
issuance, a Certificate of Completion shall not be issued until such of the Boswell Drive
Works authorized by the Authorization to Commence Works for which a Certificate of
Completion is required, have been inspected by the Director, and he is satisfied such
Boswell Drive Works have been constructed and installed in accordance with the
Engineering Drawings and has received all certificates and confirmations from
Players/West Diamond's Engineer as provided for in this Subdivision/Consent
Agreement.
19. Requirements for Certificate of Acceptance
Players/West Diamond acknowledges and agrees that the none of the Boswell
Drive Works covered by a Certificate of Completion shall be accepted, nor deemed to be
accepted for the purpose of this Subdivision/Consent Agreement until the Director has
provided Players/West Diamond with written certificate that the Boswell Drive Works in
question have been accepted (the "Certificate of Acceptance"). If the Director is of the
opinion that the Boswell Drive Works in question have been properly maintained and all
deficiencies and defects in such Boswell Drive Works have been remedied and corrected
by Players/West Diamond on behalf of the Municipality, the Director shall provide
Players/West Diamond with a Certificate of Acceptance of the relevant Boswell Drive
Works.
20. Ownership of Boswell Drive Works bv Municipalitv
For greater certainty, Players/West Diamond acknowledges and agrees that the
Municipality is the owner of all of the Boswell Drive Works covered by a Certificate of
Acceptance. Players/West Diamond shall have no right or claim thereto, other than as
specifically agreed to between Players/West Diamond and the Municipality in writing.
21. Property Damal!:e Guarantee
Prior to the issuance of an Authorization to Commence Works by the Director for
the construction and installation of the Boswell Drive Works, Players/West Diamond
shall deposit Five Thousand ($5,000.00) Dollars with the Municipality which may be
drawn upon by the Municipality to indemnify itself against any cost that the Municipality
Schedule "E"
Page 10
15. Acknowledl!ement Respectinl! Emerl!encv, etc. Repairs
Players/West Diamond acknowledges that if in cases of emergency or urgency or
in order to protect the integrity of the Boswell Drive Works or any component thereof,
the Director acts to correct, remedy or repair any deficiency(s) or defect(s) in the Boswell
Drive Works, neither on entry on the Boswell Drive Works or any portion of them nor
any such action by the Director or any person authorized to undertake the same by the
Director shall be deemed to be an acceptance of any of the Boswell Drive Works by the
Municipality, nor an assumption by the Municipality of any responsibility or liability in
connection therewith, or a release by the Municipality of Players/West Diamond from
any of its obligations under this Subdivision/Consent Agreement.
16. Damal!e to Existinl! Services
Forthwith after written demand therefore is given by the Director to Players/West
Diamond, Players/West Diamond shall pay to or to the direction of the Municipality, the
cost of repairing any damage to any property or services of the Municipality, the Region,
Hydro One or any utility authority or company or (the "Damaged Services") including
without limiting the generality of the foregoing, any road(s), water, electrical, gas,
telephone, cable television and sewer systems, and the cost of relocating any Damaged
Services, caused by or resulting from the construction or installation of any of the
Boswell Drive Works, provided that all such repairs and or relocation(s) are completed to
the satisfaction of the Director, the Region and Hydro One or the relevant utility authority
or company which owns or is responsible for the Boswell Drive Works, property or
services in question.
17. Use of Boswell Drive Works bv Municipality
The parties hereto acknowledge and agree that any of the Boswell Drive Works
once constructed may be used by The Municipality and such other person(s) who is (are)
authorized by the Municipality for any of the purposes for which the Boswell Drive
Works are designed, without interference by Players/West Diamond, and without the
payment of any fee or compensation to Players/West Diamond, and for such purposes the
Municipality and other person(s) authorized by the Municipality may enter upon the
portion of Players/West Diamond Lands on which any of the Boswell Drive Works are
located. The parties hereto also acknowledge and agree that the Boswell Drive Works
may be used by Players/West Diamond for construction access to any portion of the
Players/West Diamond Lands.
Schedule "E"
Page 9
Diamond shall forthwith pay the Municipality an amount equal to the difference
between them. If the actual costs are less than the estimated costs, the
Municipality shall forthwith refund the difference between them to Players/West
Diamond.
(2) In the event (1) a claim for a lien in respect of the Boswell Drive Works or any
component thereof is registered against the title to any land vested in or which
should have been vested in the Municipality or is filed with the Municipality, or
(2) the Municipality receives written notice of a claim of an alleged beneficiary of
a statutory trust under the Construction Lien Act, such registration, filing or notice
shall constitute a default in performance by Players/West Diamond of this
Subdivision/Consent Agreement. In any such case, the Director may notify
Players/West Diamond in writing of such default. If Players/West Diamond fails
to discharge the lien or the claim as the case may be within ten (10) business days,
excluding Saturdays, Sundays and statutory holidays, after the giving of such
notice plus any further period of time as may be specified in the notice, then the
Municipality in its absolute discretion may (1) pay the full amount of the claim
and security for costs into a court of competent jurisdiction in order to obtain an
order vacating such claim for lien, (2) discharge the claim in full by paying the
amount claimed or in part by paying a portion thereof, or (3) draw the full amount
of the claim in cash from a letter of credit deposited with the Municipality as the
security for the Boswell Drive Performance Guarantee and hold the cash in a
deposit account of the Municipality as the security for the Boswell Drive
Performance Guarantee in respect of the claim in question. The Municipality may
draw on and appropriate the whole or any portion(s) of the Performance
Guarantee and the Security for the Maintenance Guarantee for the purpose of
making payment under this paragraph 14(2). Players/West Diamond shall
indemnify the Municipality against the costs and expense incurred by the
Municipality in making a payment pursuant to this paragraph 14(2) forthwith after
the Director gives Players/West Diamond written notice requiring him to do so. In
the event that the Municipality draws on and appropriate any portion of the
Boswell Drive Performance Guarantee or the Security for the Maintenance
Guarantee for any of the aforesaid purposes, forthwith after the Director gives
written notice to Players/West Diamond requiring it to do so, Players/West
Diamond shall reinstate the Boswell Drive Performance Guarantee and/or the
Security for the Maintenance Guarantee, as the case may be, to the full amount(s)
required under the provisions of this Subdivision/Consent Agreement.
Schedule "E"
Page 8
respecting any such matter. Following the later to occur of the expiry often (10)
business days, excluding Saturdays and Sundays and statutory holidays following
the giving of such notice plus the expiry of any additional period as may be
specified in the notice given to Players/West Diamond by the Director, the
Municipality, at the cost and expense of Players/West Diamond, may engage a
contractor, supplier of services or materials and such workmen, and purchase such
services, supplies and/or services as in the opinion of the Director are required for
the completion of the construction and installation of the Boswell Drive Works
and all components thereof and the performance of all covenants of Players/West
Diamond relating to the Boswell Drive Works as provided by this
Subdivision/Consent Agreement. In cases of emergency or urgency, or in order to
preserve the integrity of the Boswell Drive Works or any component thereof as
determined by the Director in his absolute discretion, any deficiency(s) or
defect(s) in the Boswell Drive Works, and any failure to complete the Boswell
Drive Works and all components thereof in accordance with this
Subdivision/Consent Agreement may be corrected, remedied or completed by the
Municipality, its contractors, suppliers and employees at the cost of Players/West
Diamond without prior notice to Players/West Diamond, provided that forthwith
after the Municipality so acts, the Director shall give written notice to
Players/West Diamond of his determination as aforesaid, describing the action
taken by the Director, and the cost of correcting or remedying the deficiency or
default in question or the cost of completing the Boswell Drive Works and the
components thereof, as the case may be. For the purposes of this paragraph 14(1)
the cost of any work which the Municipality undertakes under this paragraph
14(1) shall be determined by the Director in his absolute discretion. It is
understood and agreed by the Parties that the costs for which Players/West
Diamond is responsible under this paragraph 14(1) shall include a management
fee payable to the Municipality either of thirty (30%) percent of the contractor's
charges to the Municipality (including any charges for overhead and profit) or, if
such work is undertaken by the Municipality, thirty (30%) percent of all costs
incurred by the Municipality to correct or remedy the deficiencies or defect or to
complete the Boswell Drive Works and all components thereof as the case may
be. Players/West Diamond shall pay the Municipality an amount equal to the cost
of all Boswell Drive Works and components thereof, and the cost of correcting or
remedying all deficiencies and defects referred to in this paragraph 14(1) which
have been incurred by the Municipality or are estimated in the Director's absolute
discretion to be likely to be incurred by the Municipality forthwith after the
Director gives Players/West Diamond written demand for payment of such cost. If
the amount paid is based on the Director's estimate as aforesaid, forthwith after
actual costs are known the Director shall give Players/West Diamond written
notice thereof. If the actual costs are more than the estimated costs, Players/West
Schedule "E"
Page 7
11. Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, Players/West
Diamond shall proceed in good faith to construct and install all of the Boswell Drive
Works referred to in the Authorization to Commence Works continuously and in
accordance with the timing and sequence therefore set out in the Schedule of Works.
12. Completion Time for Construction of Works
Within twelve (12) months of the date of the issuance of an Authorization to
Commence Works, Players/West Diamond shall complete the construction and
installation of the Boswell Drive Works authorized in such Authorization to Commence
Works.
13. Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any incidental work is required to provide for the adequate
operation, functioning and maintenance of any of the Boswell Drive Works, Players/West
Diamond, at its cost, shall construct and install such additional facilities and perform such
additional work as the Director may request from time to time by written notice given to
Players/West Diamond.
14. Incomplete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Subdivision/Consent
Agreement, if, in the opinion of the Director, (1) Players/West Diamond is not
constructing and installing or causing to be constructed or installed any of the
Boswell Drive Works required by this Subdivision/Consent Agreement so that it
or they will be completed within the time specified for such completion in the
Schedule of Works, or (2) the Boswell Drive Works or any component(s) thereof
are being improperly constructed or installed, or (3) Players/West Diamond
neglects or abandons the said Boswell Drive Works or any part of them before
completion, or (4) unreasonable delay occurs in the construction or installation of
the Boswell Drive Works, or (5) for any other reason the Boswell Drive Works
are not being constructed or installed properly and promptly and in full
compliance with the provisions of this Subdivision/Consent Agreement, or (6)
Players/West Diamond neglects or refuses to reconstruct or reinstall any of the
Boswell Drive Works or component(s) thereof which may be rejected by the
Director as being defective, deficient or unsuitable, or (7) Players/West Diamond
otherwise defaults in performance of this Subdivision/Consent Agreement, the
Director may give Players/West Diamond notice in writing of his opinion
Schedule "E"
Page 6
construction and installation of those Boswell Drive Works permitted by the
Authorization to Commence Works.
9. Inspection and Stop Work
Players/West Diamond shall ensure that every contract that may be made by
Players/West Diamond with any contractor to construct or install any of the Boswell
Drive Works shall provide that employees or representatives of the Municipality may, at
any time, inspect the Boswell Drive Works undertaken by such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 9. The Director may give Players/West Diamond a written order to stop
the construction or installation of any of the Boswell Drive Works that is being
undertaken by giving written notice either to Players/West Diamond or to Players/West
Diamond's Engineer to that effect if in the Director's opinion either (1) the Boswell
Drive Works are not being undertaking such that a completed construction and
installation of all the Boswell Drive Works satisfactory to the Municipality in accordance
with this Subdivision/Consent Agreement will result, or (2) the Performance Guarantee
and the Security for the Maintenance Guarantee required to be provided pursuant to this
Subdivision/Consent Agreement in respect of the Boswell Drive Works has not been
deposited or is not maintained in good standing. Players/West Diamond shall comply
with the stop work order forthwith after it is given by the Director in accordance with this
paragraph 9 by requiring Players/West Diamond's contractor and sub-contractors who are
constructing and installing the Boswell Drive Works or components thereof in question
and are referenced in the order to comply with it forthwith. A stop work order may be
given to Players/West Diamond by giving to Players/West Diamond's Engineer by
personal service on Players/West Diamond's Engineer or any representative of
Players/West Diamond's Engineer, by prepaid first class post addressed to Players/West
Diamond's Engineer, or by telefax to Players/West Diamond's Engineer at the address
and telefax number referred to in paragraph 2 of this Schedule.
10. Construction in Accordance with Enl!:ineerinl!: Drawinl!:s
The Boswell Drive Works shall be constructed and installed in accordance with
the Engineering Drawings as approved by the Director. No deviation from the
Engineering Drawings is permitted unless such deviation is authorized in writing by the
Director before it is undertaken. All construction and installation of the Boswell Drive
Works shall be undertaken and carried out by Players/West Diamond or by Players/West
Diamond's contractor, as the case may be, in accordance with the regulations for
construction set out in Schedule "H" to this Subdivision/Consent Agreement.
Schedule "E"
Page 5
data, drawings, records and reports whether completed or in progress of
completion in satisfaction of Players/West Diamond's obligations under the
provisions of this Subdivision/Consent Agreement without cost or prior approval
or permission, and (3) written undertaking to deliver to the Director the original
copy of the Engineering Drawings forthwith after being given written notice by
the Director requiring Players/West Diamond's Engineer to do so, whether or not
Players/West Diamond's Engineer's fees and disbursements in respect of any of
them have been paid. Prior to each occasion on which a new Players/West
Diamond's Engineer is retained by Players/West Diamond and approval of the
Director is sought, Players/West Diamond shall provide the Director with a
similar written acknowledgement and written permission of the new Players/West
Diamond's Engineer, provided that if the new Players/West Diamond's Engineer
is to be retained by the Director on behalf of Players/West Diamond, the Director
shall obtain from the prospective Players/West Diamond's Engineer the aforesaid
written acknowledgement and permission. Forthwith after the Director gives
Players/West Diamond's Engineer written notice requiring them or it to do so,
copies of the Engineering Drawings, computer disks, specifications, data,
drawings, records and reports referred to in this paragraph shall be provided to the
Director without cost to the Municipality.
5. Stal!:inl!: of Construction of Works
Not used
6. Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Works respecting any of
the Boswell Drive Works, Players/West Diamond shall obtain the written approval of the
Director of a draft schedule (the "Schedule of Works") which sets out the time at which,
and the sequence in which, Players/West Diamond proposes to construct and install the
Boswell Drive Works.
7. Approval of Boswell Drive Works Cost Estimates
The Municipality acknowledges that the Director has approved the "Boswell
Drive Works Cost Estimates" contained in Schedule "I".
8. Requirements for Authorization to Commence Works
Players/West Diamond shall not commence the construction or installation of any
of the Boswell Drive Works without the written permission of the Municipality (the
"Authorization to Commence Works"). Players/West Diamond shall only commence the
Schedule "E"
Page 4
3. Desil!:n of Boswell Drive Works
(1) Players/West Diamond covenants and agrees that the design of the Boswell Drive
Works shall conform with all applicable legislation and the Municipality's Design
Criteria and Standard Detail Drawings. In the event of any dispute as to such
requirements or their interpretation, the dispute shall be resolved by the Director
whose decision shall be final.
(2) Players/West Diamond shall provide and submit to the Director all necessary
Engineering Drawings for the Boswell Drive Works. Players/West Diamond shall
obtain all approvals for the construction and installation of the Boswell Drive
Works as required by this Subdivision/Consent Agreement.
4. Enl!:ineerinl!: Drawinl!:s
(1) Prior to the issuance of any Authorization to Commence Works, Players/West
Diamond shall obtain the written approval of the Director of the original copy of
all drawings of the Boswell Drive Works (the "Engineering Drawings"). If
construction and installation of the Boswell Drive Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration
and approval after any revisions required by the Director have been made to them
(the "Reapproved Engineering Drawings"). From and after the approval by the
Director of the Reapproved Engineering Drawings, they shall be deemed to be the
Engineering Drawings for the purpose of this Subdivision/Consent Agreement,
and thereafter all Boswell Drive Works shall be constructed and installed in
accordance with them. Players/West Diamond hereby irrevocably assigns to the
Municipality without cost to the Municipality the right to use and to reproduce the
Engineering Drawings and all reports that relate in whole or in part to the Boswell
Drive Works which have been prepared by or for Players/West Diamond in
connection with the performance of Players/West Diamond's obligations under
this Subdivision/Consent Agreement. Players/West Diamond acknowledges that
approval of the Engineering Drawings or reports by the Director shall not relieve
Players/West Diamond from its obligation to satisfy all requirements of or made
pursuant to this Subdivision/Consent Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, Players/West
Diamond shall provide the Director withqut cost to the Municipality Players/West
Diamond's Engineer's (1) written acknowledgement that the Engineering
Drawings may be used and/or reproduced by the Municipality without cost or
prior approval or permission, (2) written permission for the Municipality's
officers, employees, agents, contractors and supplier to use the specifications,
Schedule "E"
Page 3
1.(5) FINAL WORKS
final roadworks including top curbs and gutters, surface asphalt,
sidewalks, street trees, boulevard topsoil and sodding and driveway aprons
of the Road System; and
landscaping works, walkways and any remaining works not outlined in
paragraphs 1.(2), 1.(3) and 1.(4) above.
1.(6) From the date of issuance of an "Authorization to Commence Works" (as
hereafter defined) until the date of issuance of a "Certificate of Acceptance" (also
as hereafter defined) of them Players/West Diamond shall be fully responsible for
the construction and maintenance of the Boswell Drive Works including the cost
thereof in accordance with the provisions of this Subdivision/Consent Agreement.
After the issuance of a Certificate of Acceptance, the Works referred to in such
Certificate shall be the responsibility of the Municipality. Players/West Diamond
shall apply for an Authorization to Commence Works no later than the day on
which an application is made for the issuance of a building permit to construct a
large format retail store on the Players/West Diamond Lands.
2. Plavers/West Diamond's Enl!:ineer
At all times until this Subdivision/Consent Agreement is released, Players/West
Diamond shall retain Players/West Diamond's Engineer who shall perform the duties set
out in Schedule "H" to this Subdivision/Consent Agreement. On the execution of this
Subdivision/Consent Agreement and on each occasion on which a new Players/West
Diamond's Engineer is retained, forthwith after retaining Players/West Diamond's
Engineer, Players/West Diamond shall give the Director written notice of the name,
address and telefax number of Players/West Diamond's Engineer. No partnership,
association of persons or corporation shall be retained as Players/West Diamond's
Engineer without the prior written approval of the Director. All notices to be given to
Players/West Diamond's Engineer are properly given if given by personal service, by
telephonic facsimile communication, or first class prepaid post addressed to Players/West
Diamond's Engineer at the address or telefax number provided to the Director pursuant to
this paragraph. Forthwith after the Director gives Players/West Diamond written notice
requiring it to do so, Players/West Diamond shall give the Director written notice
advising him whether or not the approved Players/West Diamond's Engineer continues to
be retained by Players/West Diamond.
Schedule "E"
Page 2
(d) The above works shall include all urban roadwork components including
sidewalks, curbs, granular material and asphalt pavement, and any
necessary storm and sanitary sewer mains, watermains, connections, street
lighting, street trees, utilities, including oversizing of works and any
temporary or permanent works, transitions, tapers and connections,
fencing, signage, topsoil and sodding and restoration, and any other
related works deemed necessary by the Director. Such works shall be
consistent with the Boswell Drive Works Drawings referred to in Schedule
"D", including any revisions as finally approved by and on file with the
Director.
(e) A street lighting system which provides illumination of roads and
walkways to serve the said Lands including all connections, energy and
maintenance costs, appurtenant apparatus and equipment, in the locations
as approved by the Director (the "Street Lighting System").
(f) Related Works including grading, landscaping, fencing, noise attenuation
measures, walkways (including lighting) and other miscellaneous Works
shown on the Engineering Drawings and Grading and Drainage Plan (the
"Related Works").
PHASING OF THE WORKS
The Works shall be divided into the following stages, unless approved by the
Director:
1.(2) INITIAL WORKS
Storm Sewer System including all appurtenances;
initial roadworks including subgrade, subbase and base granular materials,
subdrains, base curbs, base asphalt, traffic control and street name signs of
the Road System; and
grading (collectively called the "Initial Works").
1.(3) STORMWATER MANAGEMENT SYSTEM
1.(4) STREET LIGHTING SYSTEM
Schedule "E"
Page 1
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
BOSWELL DRIVE WORKS
1. Works Reauired
(1) Players/West Diamond at its expense shall construct, install, supervise and
maintain the Boswell Drive Works including all connections, alterations,
adjustments and transitions required to suit existing systems or lands in
accordance with the Municipality's Design Criteria and Standard Drawings, and
the Engineering Drawings, all to the approval ofthe Director:
(a) A storm sewer system for the removal of upstream storm water and storm
water originating within the Players/West Diamond Lands, including
storm sewer mains and connections, manholes, service connections, catch-
basins and rear yard catch-basins and leads, open channels, storm outfalls
and structures and any other appurtenances and oversizing as may be
required (the "Storm Sewer System").
(b) A storm water management system consistent with the "Master Drainage
Plan", complete with overland flow routes, detention and retention
facilities, quality control devices, outlets, erosion and sedimentation
control measures and any other necessary facilities as required (the
"Stormwater Management System").
(c) A road system on the lands described as Part 4 on Plan 40R-24933 and
Blocks 96 and 97 on Registered Plan of Subdivision 40M-1904 which
accommodates the servicing of the Players/West Diamond Lands,
providing for all vehicular and pedestrian traffic, including the removal or
installation of turning circles, and the Works required within the road,
including suitable subgrade, subbase and base granular materials,
subdrains, base and top stage curbs and gutters, base and surface asphalt,
traffic control and street name signs and sidewalks and all streetscape
components including street trees, boulevard topsoil and sodding, street
lighting, gravel driveway aprons, and where sidewalks exist, gravel
driveway aprons with paved surfaces between curb and sidewalk (the
"Road System").
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality ofClarington, enacted and passed the 25th day of June, 2007.
Description of
Boswell Drive Works
The Boswell Drive Works are shown on the following drawings as finally approved by
and on file with the Municipality's Director of Engineering Services:
Drawing Title Drawing Dated Last Revision Prepared By
No. Date
General Notes G-101 October February 16, Sernas Associates
2006 2007
Overall Site Servicing SS-1O 1 October February 16, Sernas Associates
Plan 2006 2007
Legends and S-IOl January February 16, Sernas Associates
Abbreviations 2004 2007
Boswell Drive: From P-IOI October February 16, Sernas Associates
STA 0+932.066 to STA 2006 2007
1+035.000
Boswell Drive: From P-102 October February 16, Sernas Associates
ST A 1+0.35.000 to ST A 2006 2007
1+210.000
Boswell Drive: From P-103 October February 16, Sernas Associates
STA 1+210.00 to STA 2006 2007
1+366.219
Boswell Drive Pavement PM-101 August February 16, Sernas Associates
Marking Plan 2003 2007
Landscape Plan L-I March 21, June 15,2007 TerraPlan Landscape
2005 Architects Inc.
For clarity, the Boswell Drive Works do not include a sidewalk on the westerly side of the
Boswell Drive right-of-way.
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of CIa ring ton, enacted and passed the 25th day of June, 2007.
Provisional Consent of the
Ree:ion of Durham Land Division Committee
(Insert Provisional Consent)
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Cia ring ton, enacted and passed the 25th day of June, 2007.
Severed Lands-West Parcel
The lands and premises more particularly described as Parts 1,2,3,7,8,11,30,31,33,
34,35,36,40,41 and 43 on Plan 40R-24933 registered in the Land Registry Office for the Land
Titles Division of Durham (No. 40).
Severed Lands-East Parcel
The lands and premises more particularly described as Parts 9,12,17,19,20,21,22,23,
24, 28, 29, 32, 37, 38, 39, 43, 44, 46, 47 and 48 on Plan 40R-34933 registered in the Land
Registry Office for the Land Titles Division of Durham (No. 40).
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington enacted and passed the 25th day of June, 2007.
Descriotion of the Plavers/West Diamond Lands
The lands and premises more particularly described as comprising Part of Lot 17,
Concession 1, Part of Lot 17, Concession 2 and Part of the Road Allowance between
Concessions 1 and 2 (closed by Instrument No. DNP2377, Geographic Township of Darlington,
Municipality of Clarington, the Regional Municipality of Durham, now shown as Parts 1 to 48,
inclusive, on a plan of survey of record deposited as Instrument No. 40R-24933 in the Land
Registry Office for the Land Titles Division of Durham (No. 40).
- 13 -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
We have authority to bind the Corporation.
PLA YERS BUSINESS PARK LTD.
Name:
Title:
Name: Title:
IIW e have authority to bind the Corporation
WEST DIAMOND PROPERTIES INC.
Name:
Title:
Name: Title:
IIW e have authority to bind the Corporation
ROYAL BANK OF CANADA
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation
- 12-
CHANGES IN NUMBER OR GENDER
15. This Subdivision/Consent Agreement shall be read with all changes of gender or number
required by the context in which the words or figures in question appear.
ENUREMENT
16. This Subdivision/Consent Agreement shall enure to the benefit of and be binding on the
parties hereto, and their respective successors and assigns.
STATUS STATEMENT
17. Within ten (10) days of receiving a written request from Players/West Diamond, the
Municipality shall provide a written statement either confirming that Players/West
Diamond is in good standing and not in default of any provisions of this
Subdivision/Consent Agreement, or setting out the manner and extent to which
Players/West Diamond is in default.
AUTHORITY OF MUNICIPALITY
18. Players/West Diamond acknowledges and agrees that the Municipality has authority to
enter into this Subdivision/Consent Agreement, that every provision hereof is authorized
by the law and fully enforceable by the parties, and that this Subdivision/Consent
Agreement is executed by the Municipality in reliance on the acknowledgement and
agreement of Players/West Diamond as aforesaid.
REGISTRATION OF SUBDIVISION/CONSENT AGREEMENT ON TITLE TO PLAYERSIWEST
DIAMOND LANDS
19 . Players/West Diamond hereby consents to the registration of a Notice of this
Subdivision/Consent Agreement on the title to the Players/West Diamond Lands.
TIME OF THE ESSENCE
20. Time is of the essence of this Subdivision/Consent Agreement.
- 11 -
set out above, then such notice shall be sent by an alternate means of transportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
FORCE MAJEURE
12. In this Subdivision/Consent Agreement, the term "Force Majeure" means any delay for
the duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or
acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear
and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood,
wind, water, earthquake or other casualty, or an Act of God and any act, omission or
event whether of the kind herein enumerated or otherwise not within the control of
Player/West Diamond, none of which has been caused by the deliberate default or act or
omission by such party and none of which has been avoidable by the exercise of
reasonable effort or foresight by such party. Player/West Diamond or the Municipality, as
the case may be, shall notify the other parties to this Subdivision/Consent Agreement of
the commencement, duration and consequence (so far as the same is within the
knowledge of Player/West Diamond or the Municipality, as the case may be) of any
Force Majeure affecting the performance of any of its obligations hereunder within thirty
(30) days of gaining such knowledge.
ACTING REASONABLY
13. All discretionary decisions by officials of the Municipality referred to in this
Subdivision/Consent Agreement shall be deemed to be qualified by the words "acting
reasonably".
REIMBURSEMENT OF MUNICIPALITY'S COSTS
14. Players/West Diamond shall pay to the Municipality its reasonable legal costs and
disbursements incurred in preparing, settling and registering on titles the First Principles
of Understanding Amendment Agreement dated June 25, 2007, the Servicing Agreement
between the Municipality, Players/West Diamond, 1613881 Ontario Inc. and Royal Bank
of Canada dated June 25, 2007, this Subdivision/Consent Agreement, the Assumption
Agreement between the Municipality, Players/West Diamond, 1613881 and Royal Bank
of Canada .dated June 25, 2007, the Assumption Agreement between the Municipality,
Players/West Diamond, 1613881 Ontario Inc., and Royal Bank of Canada dated June 25,
2007, the Assumption Agreement between the Municipality, Players/West Diamond,
1613881 Ontario Inc., and 672003 Ontario Limited dated June 25, 2007, Conditions of
Site Plan Approval issued by the Municipality for any development(s) on the
Players/West Diamond Land and Site Plan Agreement(s) made as a condition of Site Plan
Approval(s).
- 10-
Players/West Diamond Principles, the Stevens Road Extension Agreement and this
Subdivision/Consent Agreement. The parties acknowledge that the Mortgagee has
executed this Subdivision Agreement only for the purpose of effecting the aforesaid
postponement.
SOLICITOR'S CERTIFICATE REQUIRED
10. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall provide the Municipality with a letter signed by an Ontario
Solicitor and addressed to the Municipality certifying as to the title to the Players/West
Diamond Lands and setting out the names of all persons having an interest in them and
the nature of their interests.
NOTICE
11. If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality to Players/West Diamond by this Subdivision/Consent
Agreement, such notice shall be transmitted by telefax, mailed by first class prepaid post
or delivered to:
Players/:
West Diamond
Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fischer
West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4RI
Attention: Mr. Robert DeGasperis
OR,
Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L I C 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
or such other telefax number or address of which any party has notified the other parties
in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and
sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to
4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays)
shall be deemed to have been received at the time of delivery or transmission and if
mailed by pre-paid registered mail, it shall be deemed to have been received on the third
business day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
- 9 -
accordance with the timing provided for in the applicable conditions of Site Plan
Approval and Site Plan Agreement. No such building shall be occupied for the
purpose of conducting retail sales therein until the Private Roads A, Bland B2
Improvements required to be completed prior to its occupancy pursuant to
paragraph 7(f) and this paragraph 7(g) have been completed to the satisfaction of
the Director.
(h) Players/West Diamond agree that they shall construct and maintain the Phase 1
Works respecting Private Road B2 as set out in paragraph 7(f) to the satisfaction
of the Director in order to provide a temporary road to service the Severed Lands
until such time as a building permit is issued for a large format retail store to be
constructed on Parts 21, 39 and 44 on Plan 40R-24933 in accordance with the
Concept Plan for Development. Players/West Diamond shall commence the
reconstruction of Private Road B2 in order to complete the applicable Private
Road B2 Improvements set out as the Final Construction Works in paragraph 7(f)
in accordance with the conditions of Site Plan Approval and the Site Plan
Agreement for such large format retail store, and shall complete the same prior to
the occupation of the large format retail store on Parts 21, 39 and 44 on Plan 40R-
24933 for the purpose of conducting retail sales to members of the public, except
that the top course of asphalt and landscaping shall be completed in accordance
with the timing provided for in the applicable conditions of Site Plan Approval
and Site Plan Agreement. The Municipality acknowledges and agrees that Private
Road B2 may be closed to use for other than-construction access purposes during
the construction of a large format retail store on Parts 2], 39 and 44 on Plan 40R-
24933 and/or during the aforesaid reconstruction of Private Road B2.
INCORPORATION OF PLAYERSIWEST DIAMOND PRINCIPLES AND STEVENS ROAD EXTENSION
AGREEMENT
8. The Players/West Diamond Principles and the Stevens Road Extension Agreement are
incorporated by reference in their entirety in the operative part of this
Subdivision/Consent Agreement. Each of the Municipality and Players/West Diamond
covenants to observe and perform their respective obligations under the Players/West
Diamond Principles and the Stevens Road Extension Agreement, as each may be
amended, restated, modified, supplemented by them and/or assigned and assumed from
time to time. Notwithstanding the foregoing, the Players/West Diamond Principles, and
the Stevens Road Extension Agreement continue in force and effect and time continues to
be oftheir essence.
POSTPONEMENT OF MORTGAGE
9. The Mortgagee hereby postpones its rights under the Mortgage registered in the Land
Registry Office as Instrument No. DR265437 to the rights of the Municipality under the
- 8 -
East Side of 13 and 14 Full pavement width, final All landscaping and
asphalt coat, and full curbing streetscaping completed in
all completed in accordance accordance with Principles of
with Principles of Understanding as part of the
Understanding in construction of Building "E"
conjunction with the located within Part 15 of
construction of a building on Reference Plan 40R-24933
Part 1 on Plan 40R-24933
Private Road 81 Improvements
Part Numbers on Phase 1 Works Final Construction Works
Reference Plan 40R-
24933
2, 34, and 40 Full pavement width, Not Applicable
final asphalt coat, full
curbing, and landscaping
and streetscaping all
completed in accordance
with Principles of
Understanding in
conjunction with the
construction of a building
on Part 1 on Plan 40R-
24933
Private Road 82 Improvements
Part Numbers on Phase 1 Works Final Construction Works
Reference Plan 40R-
24933
20, 23, and 38 Base asphalt and full aisle Full pavement width, final
width to a width of9 asphalt coat, full curbing, and
metres in conjunction landscaping and streetscaping all
with the construction of a completed in accordance with
building on Part 1 on Plan Principles of Understanding in
40R-24933 conjunction with the
construction of a building on
Parts 21, 39 and 44 on Plan
40R-24933
The Phase I Works which comprise part of the Private Roads A, Bl and B2
Improvements, subject to the provisions of subparagraph 7(g), shall be completed before
any building located on the Players/West Diamond Lands is occupied for the purpose of
conducting retail sales therein.
(g) Where paragraph 7(f) provides that Private Roads A, Bl and B2 Improvements
are to be undertaken in conjunction with the construction of a building, such
Private Roads A, Bland B2 Improvements shall be commenced and constructed
in accordance with the conditions of Site Plan Approval and the Site Plan
Agreement respecting such building, and shall be completed to the satisfaction of
the Director of Planning Services prior to the occupancy of such building, except
that any top course of asphalt and any landscaping shall be completed in
- 7 -
(e) If any deficiency in the repair or maintenance of the Private Road A, B I and B2
Improvements is identified by the Director, he shall forthwith give written notice
of the same to Players/West Diamond requiring the rectification of such
deficiency by a date specified in the written notice. If Players/West Diamond fail
to rectify the deficiency on or before the date specified in the written notice, the
Municipality, its employees, contractors and agents may enter on Private Roads
A, B I and B2, as the case may be, and cause the deficiency identified in the
aforesaid written notice to be rectified at the expense of Players/West Diamond.
Forthwith after rectifying the deficiency, the Director shall give written notice to
Players/West Diamond of the cost of rectifying it shall include an allowance of
thirty (30%) per cent to be paid to the Municipality for its overhead expenses.
Forthwith after being given written notice of the cost of rectifying the deficiency
as aforesaid, Players/West Diamond shall pay the amount in question as a debt
owed by Players/West Diamond to the Municipality.
(f) The Private Roads A, Bland B2 Improvements shall be constructed and
completed by Players/West Diamond in accordance with the applicable
Construction and Completion Schedule set out below:
Private Roads A, 81 and 82 Improvements-Construction and Completion Schedule
Private Road "A" Improvements
Part Numbers on Phase 1 Works Final Construction Works
Reference Plan 40R-
24933
8, 11,30, and 33 Full pavement width, final Not Applicable
asphalt coat, full curbing,
and landscaping and
streetscaping all completed
in accordance with Principles
of Understanding in
conjunction with the
construction of a building on
Part 1 on Plan 40R-24933
9, 12,29, and 32 Full pavement width, final All landscaping and
asphalt coat, and full curbing streetscaping completed in
all completed in accordance accordance with Principles of
with Principles of Understanding in connection
Understanding in with the construction of a
conjunction with the building on Parts 21,39 and
construction of a building on 44 on Plan 40R-24933
Part 1 on Plan 40R-24933
West Side of 13 and 14 Full pavement width, final All landscaping and
asphalt coat, and full curbing streetscaping completed in
all completed in accordance accordance with Principles of
with Principles of Understanding as part of the
Understanding in construction of Building "e"
conjunction with the located within Part 1 0 of
construction of a building on Reference Plan 40R-24933
Part 1 on Plan 40R-24933
-6-
Extension Agreement. The terms "Urban Profile Works" and "Developer-Funded
Section" have the same meaning as they have in the Stevens Road Extension
Agreement.
PRIVATE ROADS A. 81 AND 82
7.
(a)
Private Roads A, 8 I and 82 are shown on the Concept Plan for Development.
The lands which comprise Private Road A are more particularly described as Parts
8, 9, II, 12, 13, 14, 29, 30, 32 and 33 on Plan 40R-24933 The lands which
comprise Private Road 81 are more particularly described as Parts 2, 34 and 40
on Plan 40R-24933 _. The lands which comprise Private Road 82 are more
particularly described as Parts 20, 23 and 38 on Plan 40R-24933.
(b) Players/West Diamond shall construct at its cost the "Private Roads A, 81 and 82
Improvements" (as hereinafter defined) shown on the Concept Plan for
Development in accordance with the construction drawings, specifications, cross-
sections and streetscaping improvements including lighting all as contained in
Schedule "F" of the Players/West Diamond Principles of Understanding As
Amended ("Private Roads A, 8 I and 82 Improvements") in accordance with the
applicable Private Roads A, 8 I and 82 Improvements, Construction, Completion
Schedule contained in paragraph 7(f), to the satisfaction of the Director. The
parties agree that any of the aforementioned drawings, cross-sections and
specifications may be revised in an agreement between Players/West Diamond
and the Municipality made pursuant to section 41 of the Planning Act without
amendment being made to this Subdivision/Consent Agreement.
(c) Players/West Diamond at its cost will keep the Private Roads A, 81 and 82
Improvements after they have been constructed in a proper state of repair and
maintain it in a reasonable and proper manner, provided that Players/West
Diamond's duty to do so shall terminate on the day on which the Municipality
exercises its option to purchase Private Roads A, 8 I and 82 in accordance with
paragraph 7(b) of the Players/West Diamond Principles, and provided further that
Players/West Diamond shall remain responsible for the cost of the rectification of
all deficiencies that have been identified prior to the day on which the aforesaid
option to purchase is exercised in a written notice given by the Director to
Players/West Diamond, pursuant to paragraph 7(e) of this Subdivision/Consent
Agreement. Paragraph 7(e) shall apply with all necessary changes to it being
assumed to have been made to give effect to this paragraph 7(c).
(d) Players/West Diamond hereby permits the Municipality, its employees,
contractors and agents to enter on and to inspect the state of repair and the
maintenance of the Private Roads A, 81 and 82 Improvements from time to time.
- 5 -
(b) Players/West Diamond shall undertake, complete and maintain the Boswell Drive
Works at its cost in accordance with Schedule "E" hereto. On or before the
execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall deposit cash or an irrevocable unconditional letter of
credit with the Municipality in the amount shown in the "Boswell Drive Works
Cost Estimate" contained in Schedule "J" hereto as the performance guarantee
("Boswell Drive Works Performance Guarantee") required by Schedule "F"
hereto.
(c) No large format retail store shall be occupied for the purpose of conducting retail
sales on any portion of the Players/West Diamond Lands until the Director gives
Players/West Diamond notice that the construction and installation of the Boswell
Drive Works with the exception of the top course of asphalt and landscaping have
been completed to his satisfaction.
(d) None of the provisions of paragraph 4( c) shall be deemed to prohibit the
occupation of a large format retail store on any portion of the Players/West
Diamond Lands only for the purposes of stocking it with merchandise and the
training of staff.
DURHAM HIGHWAY 2 LANDSCAPING AND STREETSCAPING
5. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall pay to the Municipality the sum of Three Hundred and Five
Thousand ($305,000.00) Dollars for use by the Municipality in constructing and
installing landscaping and streetscaping works on Durham Highway 2 between Boswell
Drive and Green Road.
STEVENS ROAD EXTENSION
6.
(a)
Players/West Diamond agree with the Municipality that the Developer-Funded
section of the Stevens Road Extension as defined and provided for in the Stevens
Road Extension Agreement is a local service within the meaning of section 59 of
the Development Charges Act, 1997, S.O. 1997, c.27, as amended.
(b) Players/West Diamond acknowledge that the "Urban Profile Works" on the
"Developer-Funded Section" of the Stevens Road Extension as both terms are
described and defined in the Stevens Road Extension Agreement will be designed
and constructed on the aforesaid Developer-Funded Section. The Municipality
acknowledges that Players/West Diamond has deposited with the Municipality the
"Performance Guarantee" (as defined in the Stevens Road Extension Agreement)
to secure its obligation to pay for fifty (50%) per cent of the cost of the aforesaid
Urban Profile Works as is required by and in accordance with the Stevens Road
- 4-
tenninate automatically when the Municipality establishes the section of Boswell Drive
to be located on Part 4 on Plan 40R-24933 as a public highway pursuant to the Municipal
Act, 2001, as amended. On or prior to the execution of this Subdivision/Consent
Agreement by the Municipality, Players/West Diamond also shall transfer to the
Municipality for a nominal consideration Blocks 96 and 97 on registered Plan of
Subdivision 40M-1904 free and clear of encumbrances and restrictions. The transfers
shall be in a fonn satisfactory to the Municipality's Solicitor. They shall be registered on
title at the cost of Players/West Diamond including the payment of any Land Transfer
Tax and the payment to the Municipality of its reasonable legal costs.
DRAINAGE. EROSION CONTROL. GRADING. LANDSCAPING AND
SERVICING OF PLA YERS/WEST DIAMOND LANDS
3. Players/West Diamond at its cost shall undertake, complete and maintain the grading,
construction and installation of the services, works and landscaping required to be
implemented in accordance with the following plans and drawings as finally approved by
and on file with the Director and the Municipality's Director of Planning Services:
Drawing Title Drawing Dated Last Prepared By
No. Revision
Date
General Notes G-I0l October February 16, Sernas Associates
2006 2007
Overall Site Servicing SS-101 October February 16, Sernas Associates
Plan 2006 2007
Legends and S-1 0 1 January February 16, Sernas Associates
Abbreviations 2004 2007
Easement: From Green S-106 November February 16, Sernas Associates
Rd to 225 m west of 2006 2007
Green Rd
Easement: From 225 m S-107 November February 16, Sernas Associates
west of Green rd to 2006 2007
Boswell Dr
Overall Sanitary G-I02A October February 16, Sernas Associates
Drainage Plan 2006 2007
Overall Storm Drainage G-I02B October February 16, Sernas Associates
Plan 2006 2007
Temporary Erosion & ERS-I0l October February 16, Sernas Associates
Sediment Control Plan 2006 2007
Site Grading Plan SG-l 0 1 October February 16, Sernas Associates
2006 2007
Landscape Plan L-l March 21, TerraPlan Landscape
2005 Architects
Landscape Plan L-2 March 21, TerraPlan Landscape
2005 Architects
BOSWELL DRIVE WORKS
4.
(a)
Schedules "D" to "I" inclusive apply in respect of the Boswell Drive Works and
the Security for the Maintenance Guarantee for the Boswell Drive Works. The
Boswell Drive Works are more particularly described in Schedule "D" hereto.
- 3 -
H. Players/West Diamond has agreed to transfer (1) Parts 18,25,26,27 and 45 on Reference
Plan 40R-24933 to the Municipality for the purpose of widening Green Road; (2) Part 4 on Plan
40R-24933 for the purpose of Boswell Drive north of Durham Highway 2; (3) Blocks 96 and 97
on Plan 40M-1904 for the purpose of Boswell Drive south of Regional Highway 2; and (4) Part 5
on Plan 40R-24933 for the purpose of establishing a 0.3 metre reserve on the westerly side of the
Boswell Drive right-of-way north of Regional Highway 2, all as provided below in this
Subdivision/Consent Agreement.
1. This Subdivision/Consent Agreement is made pursuant to subsection 53(12) of the
Planning Act, R.S.O. 1990, c.P.l3, as amended.
J. The execution of this Subdivision/Consent Agreement by the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington is authorized by By-law 2007-146 passed by
the Municipality's Council at its meeting on June 25, 2007.
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the
other Parties as follows:
RECITALS AND SCHEDULES
1.
(a)
Each of Recitals B, D to H and Schedules "A" to "K" are hereby incorporated into
the operative part of this Subdivision/Consent Agreement and each shall be
construed and given the same effect as covenants contained in this
Subdivision/Consent Agreement.
(b) In this Subdivision/Consent Agreement, unless otherwise provided the term
"Director" means the Municipality's Director of Engineering Services.
LANDS TO BE TRANSFERRED TO MUNICIPALITY FOR THE PORTION OF BOSWELL DRIVE.
INTERSECTION IMPROVEMENTS A 0.3 METRE RESERVE ON BOSWELL DRIVE AND THE
WIDENING OF GREEN ROAD
2. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall transfer or cause to be transferred to the Municipality for a
nominal consideration the lands more particularly described as Parts 4, 5, 18, 25, 26, 27
and 45 on Reference Plan 40R-24933 in fee simple free and clear of encumbrances and
restrictions, except that Players/West Diamond may reserve from Part 4 on Plan 40R-
24933 an easement or a right in the nature of an easement for access to and egress from
the Players/West Diamond Lands, and Durham Highway 2 which easement or right shall
- 2 -
C. Players/West Diamond represents and warrants that it is the registered owner in fee
simple of the Players/West Diamond Lands subject to a mortgage or charge registered in favour
of the Mortgagee as Instrument No. DR265437 ("Mortgage") in the Land Registry Office for the
Land Titles Division of Durham (No. 40) ("Land Registry Office"). The Mortgagee has agreed
to postpone its rights under the Mortgage to the right of the Municipality under the Players/West
Diamond Principles, the Stevens Road Extension Agreement and this Subdivision/Consent
Agreement.
D. On , 2007, the Regional Municipality of Durham's Land Division
Committee under File Numbers LD 124/2007, LD 125/2007, LD 126.2007, LD 127/2007, LD
128/2007, LD 129/2007, LD 130/2007 and LD 131/2007 gave its provisional consent
("Provisional Consent") under section 53 of the Planning Act, R.S.O. 1990, c.P.!3, as amended,
to among other consents to proposed transfers of portions of the Players/West Diamond Lands,
the transfer by Players/West Diamond of the portion of the Players/West Diamond Lands which
are more particularly described in Schedule "B" hereto as "Severed Lands-West Parcel" and
"Severed Lands-East Parcel". The Provisional Consent is subject to certain conditions including
the making of this Subdivision/Consent Agreement. A copy of the Provisional Consent is
contained in Schedule "c" hereto.
E. Following satisfaction of the conditions to the Provisional Consent and the issuance of a
certificate that the consent has been given pursuant to subsection 53(42) of the Planning Act,
Players/West Diamond intend to transfer the Severed Lands-West Parcel and the Severed Lands-
East Parcel for development thereon of large format retail stores on each of them in accordance
with the Municipality's Official Plan Amendment No. 44 and Zoning By-law Amendment 2006-
047.
F. A copy of the concept plan for development of the Players/West Diamond Lands is
contained in Schedule "c" of the Players/West Diamond Principles. It is referred to hereinafter
in this Subdivision/Consent Agreement as the "Concept Plan for Development". The Concept
Plan for Development was endorsed in principle by the Municipality's Council's Resolution #C-
113-06 passed at its special meeting on March 1, 2006. A copy of Resolution #C-I13-06 is
contained in Schedule "0" of the Players/West Diamond Principles.
G. The Stevens Road Extension Agreement dated March 1,2006 has been executed by the
Municipality, Halloway Holdings Limited, Players Business Park Ltd. and West Diamond
Properties Inc. A copy of it is contained in Schedule "H" of the Players/West Diamond
Principles.
Attachment 7
To Report PSD-088-07
SUBDIVISION/CONSENT AGREEMENT
THIS SUBDIVISION/CONSENT AGREEMENT made as of the 25th day of June,
2007.
BETWEEN:
PLAYERS BUSINESS PARK LTD. and
WEST DIAMOND PROPERTIES INC.
(hereinafter collectively called "Players/West Diamond")
OF THE FIRST PART
- and -
THE CORPORATION OF THE
MUNICIPALITY OF CLARlNGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. Players/West Diamond, 1613881 Ontario Inc. and the Municipality entered into
Principles of Understanding dated March 1, 2006 which are registered as Instrument No.
DR495847 in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land
Registry Office"). These were amended by the First Principles of Understanding Amendment
Agreement dated June 25, 2007 and registered in the Land Registry Office as Instrument No.
DR_. The Principles of Understanding as so amended are referred to in this
Subdivision/Consent Agreement as the "Players/West Diamond Principles".
B. The lands to which this Subdivision/Consent Agreement applies are more particularly
described in Schedule "A" hereto ("Players/West Diamond Lands").
- 6 -
of the other parties, and that this Assumption Agreement is executed by the Municipality
in reliance on the aforesaid acknowledgement and agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF CLARlNGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
We have authority to bind the Corporation.
672003 ONTARIO LIMITED
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation.
PLA YERS BUSINESS PARK L TD
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation.
WEST DIAMOND PROPETIES INC.
Name:
Title:
Name:
Title:
1613881 ONTARIO INC.
Name:
Title:
Name:
Title:
l/We have authority to bind the Corporation.
- 5 -
672003
672003 Ontario Limited
(Address)
or such other address of which any party has notified the other parties in writing. Any
such notice if mailed by first class prepaid post or delivered shall be deemed good and
sufficient notice under the terms of this Assumption Agreement on the day on which it is
received, if it is delivered prior to 4:30 p.m. on any business day (excluding Saturdays,
Sundays and statutory holidays) otherwise such notice shall be deemed to be received on
the next following business day (excluding Saturdays, Sundays and statutory holidays)
after the day on which in fact it was delivered. If such notice is mailed by first class
prepaid registered mail, it shall be deemed to have been received on the third business
day (excluding Saturdays, Sundays and statutory holidays) following the day on which it
is mailed. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shall be sent by an alternate means of transportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
FORCE MAJEURE
10. In this Assumption Agreement, the term "Force Majeure" means any delay for the
duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts
of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and
radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind,
water, earthquake or other casualty, or an Act of God and any act, omission or event
whether of the kind herein enumerated or otherwise not within the control of any of the
parties to this Assumption Agreement, none of which has been caused by the deliberate
default or act or omission by such parties and none of which has been avoidable by the
exercise of reasonable effort or foresight by such parties of the parties hereto, as the case
may be, shall notify the other parties to this Assumption Agreement of the
commencement, duration and consequence (so far as the same is within the knowledge of
such party, as the case may be) of any Force Majeure affecting the performance of any of
its obligations hereunder within thirty (30) days of gaining such knowledge.
AUTHORITY OF THE MUNICIPALITY
11. The parties hereto other than the Municipality acknowledge and agree that the
Municipality has authority to enter into this Assumption Agreement, that every provision
hereof is authorized by the law and is fully enforceable by any of the parties against any
- 4 -
TIME OF ESSENCE
6. Time is of the essence of this Assumption Agreement.
ENUREMENT
7. This Assumption Agreement shall enure to the benefit of and shall bind the parties
hereto, their respective successors and assigns.
LA WS OF ONTARIO ApPLY
8. The parties agree that this Assumption Agreement shall be interpreted, applied and
enforced in accordance with the laws of the Province of Ontario and without limiting the
generality of the foregoing, the laws of the Province of Ontario shall be applied to
determine the rights and duties of the parties hereunder.
NOTICE
9. If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality or by any of the other parties hereto by this
Assumption Agreement, such notice shall be mailed by first class prepaid post, mailed by
first class registered prepaid post, or delivered to:
The Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON LI C 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
OR,
Players:
Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fischer
AND:
West Diamond:
West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4RI
Attention: Mr. Robert DeGasperis
AND:
1613881
1613881 Ontario Inc.
1700 Langstaff Road
Suite 2003
Concorde, ON L4K 3S3
Attention: Mr. Bruce Fischer
OR,
- 3 -
REClT ALS
1. Each of Recitals D to F, inclusive, is hereby incorporated into the operative part of this
Assumption Agreement and shall be construed and given effect as covenants contained in
this Assumption Agreement.
ASSUMPTION OF COVENANTS BY 672003 AS CHARGEE UNDER INSTRUMENT No. DR334853
2. Pursuant to and in accordance with paragraph 18(a) of the Players/West Diamond
Principles As Amended, 672003 as Chargee under the Charge registered in the Land
Registry Office as Instrument No. DR265437 hereby assumes each of Players/West
Diamond's covenants contained in the Players/West Diamond Principles As Amended on
the same basis and to the same extent as if 672003 had been a party to it, provided that
672003 shall not be bound by such covenants unless and until and to the extent that it
takes possession or control of the land to which Instrument No. DR334853 applies. The
provisions of paragraph 18(a) of the Players/West Diamond Principles As Amended
apply to paragraph 2 of this Assumption Agreement with all necessary changes to it being
assumed to have been made in order to give effect to the intent of paragraph 2 of this
Assumption Agreement. The assumption by 672003 hereunder shall expire and terminate
upon the discharge ofInstrument No. DR,334853.
REGISTRATION OF ASSUMPTION AGREEMENT ON TITLE
3. 1613881 hereby consents to the registration ofa Notice of this Assumption Agreement on
the title to the lands owned by it as referred to in Recital A.
FURTHER ASSURANCES
4. The parties hereto covenant and agree, after a request in writing by any party to the other
parties, to forthwith execute and provide all further documents, instruments and
assurances as may be necessary or required in order to carry out and give effect to the
true intent of these presents, and to effect the registration against and release from title to
the lands subject to this Assumption Agreement of such notices or other instruments in
accordance with the provisions of this Assumption Agreement.
No DEROGATION FROM PLAYERS!\VEST DIAMOND PRINCIPLES AS AMENDED
5. Nothing contained in this Assumption Agreement shall derogate or shall be deemed to
derogate in any way from the provisions of the Players/West Diamond Principles As
Amended and time shall continue to be of the essence of the Players/West Diamond
Principles As Amended.
- 2 -
PIN No. Owner
266] 2-0 II3 Players
266]2-0] 14 West Diamond
266] 2-0024 Players
26613-0102 161388]
B. The Players/West Diamond Principles were amended by the First Principles of
Understanding Amendment Agreement dated June 25, 2007, made between the Municipa]ity,
Players, West Diamond, ]6]388], Royal Bank and 672003 Ontario Inc. and registered in the
Land Registry Office as Instrument No. . The Players/West Diamond Principles
as so amended is hereinafter referred to as the "Players/West Diamond Principles as Amended.
C. A Charge in favour of 672003 dated October ] 0, 2004 was registered in the Land
Registry Office on the title to the land identified by PIN #26613-0]02 owned by ]61388] as
Instrument No. DR334853.
D. 672003 has agreed with the Municipality to postpone its rights under the Charge referred
to in Recital C to the rights of the Municipality under the Players/West Diamond Principles as
Amended.
E. 672003 has agreed to assume the covenants of the parties to the Players/West Diamond
Principles As Amended on the terms set out below in this Assumption Agreement.
F. ]61388] has agreed to the registration of a Notice of this Assumption Agreement on the
title to the lands owned by it as referred to in Recital A.
G. The execution of this Assumption Agreement by the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington is authorized by By-law 2007-]45 passed by the
Municipality's Council at its meeting on June 25, 2007.
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) each of the parties covenants and agrees with the
other parties as follows:
Attachment 6
To Report PSD-088-07
ASSUMPTION AGREEMENT
PRINCIPLES OF UNDERSTANDING AS AMENDED
THIS ASSUMPTION AGREEMENT made as of the 25th day of June, 2007.
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
672003 ONTARIO LIMITED
(hereinafter called "672003")
OF THE SECOND PART
- and -
PLAYERS BUSINESS P ARK LTD. ("Players") and
WEST DIAMOND PROPERTIES INC. ("West Diamond")
(hereinafter collectively called the "Owners")
OF THE THIRD PART
- and -
1613881 ONTARIO INC.
(hereinafter called "1613881")
OF THE FOURTH PART
WHEREAS:
A. Principles of Understanding dated March 1, 2006 were made by the Owners, the
Municipality and 1613881 ("Players/West Diamond Principles"). They were registered in the
Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office")
as Instrument No. DR495847 on the title to the lands identified by the following Property
Identification Numbers ("PIN").
- 7 -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
We have authority to bind the Corporation.
ROYAL BANK OF CANADA
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation.
PLAYERS BUSINESS PARK L TD
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation.
WEST DIAMOND PROPETIES INC.
Name:
Title:
Name:
Title:
1613881 ONTARIO INC.
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation.
- 6-
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shall be sent by an alternate means of transportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
FORCE MAJEURE
11. In this Assumption Agreement, the term "Force Majeure" means any delay for the
duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts
of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and
radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind,
water, earthquake or other casualty, or an Act of God and any act, omission or event
whether of the kind herein enumerated or otherwise not within the control of any of the
parties to this Assumption Agreement, none of which has been caused by the deliberate
default or act or omission by such parties and none of which has been avoidable by the
exercise of reasonable effort or foresight by such parties of the parties hereto, as the case
may be, shall notify the other parties to this Assumption Agreement of the
commencement, duration and consequence (so far as the same is within the knowledge of
such party, as the case may be) of any Force Majeure affecting the performance of any of
its obligations hereunder within thirty (30) days of gaining such knowledge.
AUTHORITY OF THE MUNICIPALITY
12. The parties hereto other than the Municipality acknowledge and agree that the
Municipality has authority to enter into this Assumption Agreement, that every provision
hereof is authorized by the law and is fully enforceable by any of the parties against any
of the other parties, and that this Assumption Agreement is executed by the Municipality
in reliance on the aforesaid acknowledgement and agreement.
- 5 -
generality of the foregoing, the laws of the Province of Ontario shall be applied to
determine the rights and duties of the parties hereunder.
NOTICE
10. If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality or by any of the other parties hereto by this
Assumption Agreement, such notice shall be mailed by first class prepaid post, mailed by
first class registered prepaid post, or delivered to:
The Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1 C 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
OR,
Players:
Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fischer
AND:
West Diamond:
West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4R1
Attention: Mr. Robert DeGasperis
AND:
1613881
1613881 Ontario Inc.
1700 Langstaff Road
Suite 2003
Concorde, ON L4K 3S3
Attention: Mr. Bruce Fischer
OR,
Royal Bank
Royal Bank of Canada
180 Wellington Street West
5th Floor
Toronto, ON M5J 112
or such other address of which any party has notified the other parties in writing. Any
such notice if mailed by first class prepaid post or delivered shall be deemed good and
sufficient notice under the terms of this Assumption Agreement on the day on which it is
received, if it is delivered prior to 4:30 p.m. on any business day (excluding Saturdays,
Sundays and statutory holidays) otherwise such notice shall be deemed to be received on
the next following business day (excluding Saturdays, Sundays and statutory holidays)
after the day on which in fact it was delivered. If such notice is mailed by first class
prepaid registered mail, it shall be deemed to have been received on the third business
day (excluding Saturdays, Sundays and statutory holidays) following the day on which it
is mailed. Notwithstanding the foregoing, in the event that it may be reasonably
-4-
3 of this Assumption Agreement with all necessary changes to it being assumed to have
been made in order to give effect to the intent of paragraph 3 of this Assumption
Agreement. The assumption by Royal Bank hereunder shall expire and terminate upon
the discharge of Instrument No. DR334854.
REGISTRATION OF ASSUMPTION AGREEMENT ON TITLE
4. Players, West Diamond and 1613881 consent to the registration of a Notice of this
Assumption Agreement on the title to the lands owned by them as referred to in Recital
A.
FURTHER ASSURANCES
5. The parties hereto covenant and agree, after a request in writing by any party to the other
parties, to forthwith execute and provide all further documents, instruments and
assurances as may be necessary or required in order to carry out and give effect to the
true intent of these presents, and to effect the registration against and release from title to
the lands subject to this Assumption Agreement of such notices or other instruments in
accordance with the provisions of this Assumption Agreement.
No DEROGATION FROM PLA YERS!WEST DIAMOND PRINCIPLES AS AMENDED
6. Nothing contained in this Assumption Agreement shall derogate or shall be deemed to
derogate in any way from the provisions of either the Players/West Diamond Principles
As Amended or the Stevens Road Extension Agreement and time shall continue to be of
their essence.
TIME OF ESSENCE
7. Time is of the essence of this Assumption Agreement.
ENUREMENT
8. This Assumption Agreement shall enure to the benefit of and be bind the parties hereto,
their respective successors and assigns.
LA WS OF ONTARIO ApPLY
9. The parties agree that this Assumption Agreement shall be interpreted, applied and
enforced in accordance with the laws of the Province of Ontario and without limiting the
- 3 -
H. The execution of this Assumption Agreement by the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington is authorized by By-law 2007-144 passed by the
Municipality's Council at its meeting on June 25, 2007.
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) each of the parties covenants and agrees with the
other parties as follows:
RECITALS
I. Each of Recitals C to G, inclusive, is hereby incorporated into the operative part of this
Assumption Agreement and shall be construed and given effect as covenants contained in
this Assumption Agreement.
ASSUMPTION OF COVENANTS BY ROYAL BANK AS CHARGEE UNDER INSTRUMENT No.
DR265437
2. Pursuant to and in accordance with paragraph 18(a) of the Players/West Diamond
Principles As Amended as Chargee under the Charge registered in the Land Registry
Office as Instrument No. DR265437 hereby assumes each of Players/West Diamond's
covenants contained in the Players/West Diamond Principles As Amended on the same
basis and to the same extent as if Royal Bank had been a party to it, provided that Royal
Bank shall not be bound by such covenants unless and until and to the extent that it takes
possession or control of the land to which Instrument No. DR265437 applies. The
provisions of paragraph 18(a) of the Players/West Diamond Principles As Amended
apply to paragraph 2 of this Assumption Agreement with all necessary changes to it being
assumed to have been made in order to give effect to the intent of paragraph 2 of this
Assumption Agreement. The assumption by Royal Bank hereunder shall expire and
terminate upon the discharge ofInstrument No. DR265437.
ASSUMPTION OF COVENANTS BY ROYAL BANK AS CHARGEE UNDER INSTRUMENT No.
DR334854
3. Pursuant to and in accordance with paragraph 18(a) of the Players/West Diamond
Principles As Amended, Royal Bank hereby assumes each of 1613881 's covenants
contained in the Players/West Diamond Principles As Amended on the same basis and to
the same extent as if Royal Bank had been a party to it, provided that Royal Bank shall
not be bound by such covenants unless and until and to the extent that it takes possession
or control of the land to which Instrument No. DR334854 applies. The provisions of
paragraph 18(a) of the Players/West Diamond Principles As Amended apply to paragraph
- 2 -
PIN No. Owner
26612-0113 Players
26612-0114 West Diamond
26612-0024 Players
26613-0102 1613881
B. The Players/West Diamond Principles were amended by the First Principles of
Understanding Amendment Agreement dated June 25, 2007, made between the Municipality,
Players, West Diamond, 1613881, Royal Bank and 672003 Ontario Inc. and registered in the
Land Registry Office as Instrument No. . The Players/West Diamond Principles
as so amended is hereinafter referred to as the "Players/West Diamond Principles as Amended.
C. A Charge in favour of Royal Bank dated April 6, 2004 was registered in the Land
Registry Office on the title to the lands identified by the following PINs as Instrument No.
DR265437.
PIN No. Owner
26612-0114 West Diamond
26612-0113 Players
26612-0024 PI avers
D. A Charge in favour of Royal Bank dated April 3, 2004 was registered in the Land
Registry Office on the title to the lands identified by PIN #26613-102 owned by 1613881 as
Instrument No. DR334854.
E. Royal Bank has agreed with the Municipality to postpone its rights under the Charges
referred to in Recitals B, C and D to the rights of the Municipality under the Players/West
Diamond Principles As Amended and under the Stevens Road Extension Agreement. A copy of
the Stevens Road Extension Agreement is contained in Schedule "H" to the Principles.
F. Royal Bank has agreed to assume the covenants of the parties to the Players/West
Diamond Principles As Amended and the covenants of certain of the parties to the Stevens Road
Extension Agreement on the terms set out below in this Assumption Agreement.
G. The parties hereto other than the Municipality have consented to the registration of a
Notice of this Assumption Agreement on the title to the lands owned by them as referred to in
Recital A.
Attachment 5
To Report PSD-088-07
ASSUMPTION AGREEMENT
PRINCIPLES OF UNDERSTANDING AS AMENDED
THIS ASSUMPTION AGREEMENT made as of the 25th day of June, 2007.
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE FIRST PART
- and -
ROYAL BANK OF CANADA
(hereinafter called "Royal Bank")
OF THE SECOND PART
- and -
PLA YERS BUSINESS PARK LTD. ("Players") and
WEST DIAMOND PROPERTIES INC. ("West Diamond")
(hereinafter collectively called the "Owners")
OF THE THIRD PART
- and -
1613881 ONTARIO INC.
(hereinafter called "1613881")
OF THE FOURTH PART
WHEREAS:
A. Principles of Understanding dated March I, 2006 were made by the Owners, the
Municipality and 1613881 ("Players/West Diamond Principles"). They were registered in the
Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office")
as Instrument No. DR495847 on the title to the lands identified by the following Property
Identification Numbers ("PIN").
9
)
)
)
)
)
)
)
)
672003 ONT ARlO INC.
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation
8
IN WITNESS WHEREOF the parties hereto have hereunto have set their hands and
seals the day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF CLARlNGTON
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
I/We have authority to bind the Corporation
PLAYERS BUSINESS PARK LTD.
Name: Title:
I/We have authority to bind the Corporation
Name: Title:
I/We have authority to bind the Corporation
WEST DIAMOND PROPERTIES INC.
Name: Title:
I/We have authority to bind the Corporation
Name: Title:
I/We have authority to bind the Corporation
1613881 ONTARIO INC.
Name: Title:
I/We have authority to bind the Corporation
Name: Title:
I/We have authority to bind the Corporation
ROYAL BANK OF CANADA
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation
7
may be, shall notify the other parties to this First Principles of Understanding
Amendment Agreement of the commencement, duration and consequence (so far as the
same is within the knowledge of the Owners, 1613881, Royal Bank or 672003 or the
Municipality, as the case may be) of any Force Majeure affecting the performance of any
of its obligations hereunder within thirty (30) days of gaining such knowledge.
6
Attention: Mr. Bruce Fischer
And:
Royal Banle
Royal Bank of Canada
180 Wellington Street West
5th Floor
Toronto, ON M5J IJ2
And:
672003:
672003 Ontario Inc.
[address]
Or,
Municipality: The Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
or such other telefax number or address of which any party has notified the other parties
in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and
sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to
4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays)
shall be deemed to have been received at the time of delivery or transmission and if
mailed by pre-paid registered mail, it shall be deemed to have been received on the third
business day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shaH be sent by an alternate means of transportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
Force Maieure
11. In this First Principles of Understanding Amendment Agreement, the term "Force
Majeure" means any delay for the duration of the delay which is imposed by reason of
strikes, lockouts, riots, wars or acts of military authority, acts of public enemies,
sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil
commotion, fire or explosion; flood, wind, water, earthquake or other casualty, or an Act
of God and any act, omission or event whether of the kind herein enumerated or
otherwise not within the control of the Owners, 1613881, Royal Bank or 672003, none of
which has been caused by the deliberate default or act or omission by such party and
none of which has been avoidable by the exercise of reasonable effort or foresight by
such party. the Owners, 1613881, Royal Bank or 672003 or the Municipality, as the case
5
Authority of Municioality
7. Players, West Diamond and 1613881 acknowledge and agree that the Municipality has
authority to enter into this First Principles of Understanding Amendment Agreement, that
every provision hereof is authorized by the law and is fully enforceable by Players, West
Diamond, 1613881 and the Municipality, and that this Agreement is executed by the
Municipality in reliance on the aforesaid acknowledgement and agreement.
Ree:istration of Ae:reement on Title
8. Players and West Diamond hereby consent to the registration of a Notice of this First
Principles of Understanding Amendment Agreement as a charge against the title to their
respective lands identified under PINs 26612-0113, 26612-0114 and 26612-0024.
1613881 hereby consents to the registration of a Notice of this Agreement as a charge
against the title to its lands identified under PIN 26613-0 I 02.
Further Assurances
9. The parties hereby covenant and agree, after a request in writing by one party to the other
parties, to forthwith execute and provide all further documents, instruments and
assurances as may be necessary or required in order to carry out (and give effect to) the
true intent of this Agreement, and to effect the registration against and release from title
to the lands subject to this Agreement of such notices or other instruments in accordance
with the provisions of this Agreement.
Notice
10. If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality to any of the other parties to this First Principles of
Understanding Amendment Agreement, such notice shall be transmitted by telefax,
mailed by first class prepaid post or delivered to:
Players/:
West Diamond
Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fisher
West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4RI
Attention: Mr. Robert DeGasperis
613881:
613881 Ontario Inc.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
4
(a) by deleting paragraph 8(b) and replacing it with a new paragraph 8(b) as follows:
"8(b) For the purposes of these Principles:
(i) Private Road A comprises the lands more
particularly described as Parts 8, 9,11,12,13,14,
29, 30, 32 and 33 on Plan 40R-24933 deposited in
the Land Registry Office;
(ii) Private Road Bl is the land more particularly
described as Parts 2, 34 and 40 on Plan 40R-24933
deposited in the Land Registry Office; and
(iii) Private Road B2 is the lands more particularly
described as Parts 20, 23, 27 and 38 on Plan 40R-
24933 deposited in the Land Registry Office.";
(b) by amending paragraph 9(a) by deleting from the second and third lines thereof
the following words, numbers and blank spaces "described as Parts _, _,
and on Plan ";
(c) by amending paragraph 9(b) by deleting the words and blanks "of any portion of
Parts _, _, and _ on Plan " and replacing them with the
words and numbers "of any of the Parts on Plan 40R-24933 by which they are
described for the purposes of these Principles,"; and
(d) deleting from paragraph 22 of the Principles the number "9" and replacing it with
the number and letter "8(b)".
Principles as Amended to Continue to Bind
4. Except as otherwise provided in this First Principles of Understanding Amendment
Agreement, the Principles continue to bind the Owners, the Municipality and 1613881
and are enforceable by and against each of them.
Time of Essence
5. Time is of the essence of this First Principles of Understanding Amendment Agreement.
Time continues to be of the essence of the Principles.
Enurement
6. This First Principles of Understanding Amendment Agreement shall enure to the benefit
of and bind the parties hereto and their respective successors and assigns.
3
G. The Owner, the Municipality and 1613881 have agreed to amend the Principles to
incorporate descriptions of Private Roads A, Bland B2 as Parts as follows:
Bl
B2
f!ill.
8,9,11,12,13,14,
29,30,32,33
2,34,40
20,23,27,38
Private Road
A
H. The execution of this First Principles of Understanding Amendment Agreement on behalf
of the Municipality by the Mayor and the Municipal Clerk was authorized by By-law No. 2007-
143 passed by the Municipality's Council at its meeting on the 25th day of June, 2007.
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) each of the parties hereto covenants and agrees with
the other parties as follows:
Recitals
1. Each of Recitals E to G, inclusive, is hereby incorporated into the operative part of this
Agreement and shall be construed and given the effect of covenants contained in this
Agreement. If there is an inconsistency between any of them and any of the following
paragraphs, the text of the paragraphs shall prevail to the extent of the inconsistency.
Postponement of Charl!es
")
...
(a)
Royal Bank hereby postpones its rights under the Charges registered in the Land
Registry Office as Instruments No. DR 265437 and DR 334854 to the rights of
the Municipality under the Principles as amended by this First Principles of
Understanding Amendment Agreement and under the Stevens Road Extension
Agreement; and
(b) 672003 hereby postpones its rights under the Charge registered in the Land
Registry Office as Instrument No. DR 334853 to the rights of the Municipality
under the Principles as amended by this First Principles of Understanding
Amendment Agreement and under the Stevens Road Extension Agreement.
Private Roads A. Bl and B2
3. The Principles are amended as follows:
2
WHEREAS:
A. Principles of Understanding dated March 1, 2006 were made by the Owners, the
Municipality and 1613881 ("Principles"). They were registered in the Land Registry Office for
the Land Titles Division of Durham (No. 40) ("Land Registry Office") as Instrument No.
DR495847 on the title to the lands identified by the following Property Identification Numbers
("PIN").
PIN#
26612-0113
26612-0114
26612-0024
26613-0102
Owner
Players
West Diamond
Players
1613881
B. A Charge in favour of Royal Bank dated April 6, 2004 was registered in the Land
Registry Office on the title to the lands identified by the following PINs as Instrument No.
DR265437.
PIN#
26612-0114
26612-0113
26612-0024
Owner
West Diamond
Players
Players
C. A Charge in favour of 672003 dated November 3, 2004 was registered in the Land
Registry Office on the title to the lands identified by PIN# 26613-102 owned by 1613881 as
Instrument No. DR334853.
D. A Charge in favour of Royal Bank dated April 3, 2004 was registered in the Land
Registry Office in the title to the lands identified by PIN #26613-102 owned by 1613881 as
Instrument No. DR334854.
E. Royal Bank and 672003 have agreed with the Municipality to postpone their rights under
the Charges referred to in Recitals B, C and D to the rights of the Municipality under the
Principles as amended by this Agreement and under the Stevens Road Extension Agreement. A
copy of the Stevens Road Extension Agreement is contained in Schedule "H" to the Principles.
F. Paragraphs 8, 9 and Schedule "G" of the Principles refer to Private Roads A, Bland B2.
Plan 40R-24933, deposited in the Land Registry Office on June 15, 2007, among other things,
more particularly describes the lands within Private Roads A, Bland B2.
Attachment 4
To Report PSD-088-07
FIRST PRINCIPLES OF UNDERSTANDING
AMENDMENT AGREEMENT
THIS FIRST PRINCIPLES OF UNDERSTANDING AMENDMENT AGREEMENT
made as of the 25th day of June, 2007.
BET WEE N:
PLAYERS BUSINESS P ARK LTD. ("Players") and
WEST DIAMOND PROPERTIES INC. ("West Diamond")
(hereinafter collectively called the "Owners")
OF THE FIRST PART
- and -
THE CORPORATION OF THE
MUNICIP ALlTY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
- and -
1613881 ONTARIO INC.
(hereinafter called" 1613 881 ")
OF THE THIRD PART
- and -
ROYAL BANK OF CANADA
(hereinafter called "Royal Bank")
OF THE FOURTH PART
- and -
672003 ONTARIO INC.
(hereinafter called "672003")
OF THE FIFTH PART
Schedule "D"
THIS SCHEDULE IS SCHEDULE "D" to this Servicing Agreement which has been
authorized and approved by By-Law 2007-141 of the Corporation of the Municipality of
Clarington, enacted and passed the 25th day of June, 2007
Sanitarv. Storm and Water Works
Cost Estimate
Estimated
Value
I
2
3
Storm Sewers
Sanitary Sewers
Water Distribution System
$ 160,209.50
$ 200,952.20
$ 108,595.45
Sub-Total
$ 469,757.16
10% Contingency
Sub-Total
$ 46,975.72
$ 516,732.88
20% Engineering
Sub-Total
$ 103,346.58
$ 620,079.46
6% G.S.T.
37,204.77
Total Estimated Cost of Services
$ 657,284.23
Total Performance Guarantee Required
$ 657,284.23
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to this Servicing Agreement which has been
authorized and approved by By-Law 2007-141 of the Corporation of the Municipality of
Clarington, enacted and passed the 25th day of June, 2007
Description of
Sanitary. Storm and Water Works
Storm
Supply and install storm sewer pipe, cone. C!.65-d (unless otherwise noted) up to 825mm
dia. bedding as specified on drawings
Supply and install storm sewer manholes, concrete precast unless otherwise specified up
to 1800mm dia.
Break into existing manhole, connect, parge and rebench
Camera inspection (inc!. CB leads)
Sanitary
Supply and install sanitary sewer pipe, PVC SDR-35 (unless otherwise noted) up to
425mm dia. bedding as specified on drawings
Supply and install sanitary sewer manholes, 1200mm dia. (OPSD 701.010) precast
(unless otherwise specified) (inc!. water tight locking cover OPSD 401.030)
Camera Inspection
Watermain
Supply and install 400mm CPP watermain including all appurtenances, Le. temporary
blow-offs, bends, swabbing, pressure-testing at operating pressure
Supply and install hydrants along 400mm dia. CPP watermain including temp. flushing
hydrant
General
All servicing requirements for the Sanitary, Storm and Water Works shown on the
Drawings referred to in Schedules "A" and "B" are not described above in this Schedule "C".
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to this Servicing Agreement which has been
authorized and approved by By-Law 2007-141 of the Corporation of the Municipality of
Clarington, enacted and passed the 25th day of June, 2007
Descriotion of
Stevens Road Construction Works
The Works shown on the following drawings prepared by D.G. Biddle & Associates
Limits as finally approved by and on file with the Director of Engineering Services:
· Underground Services and Roadworks -Stevens Road, Drawing No. C3, March 2007
· Underground Services and Roadworks - Stevens Road, Drawing No. C4, March 2007
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to this Servicing Agreement which has been
authorized and approved by By-Law 2007-141 of the Corporation of the Municipality of
Clarington, enacted and passed the 25th day of June, 2007
Description of
Green Road Reconstruction Works
The Works shown on the following drawings prepared by D.G. Biddle & Associates
Limited as finally approved by and on file with the Municipality's Director of Engineering
Services:
. Underground Services and Roadworks - Green Road North, Drawing No. Cl, March
2007
. Underground Services and Roadworks - Green Road North, Drawing No. C2, March
2007
9
IN WITNESS WHEREOF the parties hereto have hereunto have set their hands and
seals the day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
I/We have authority to bind the Corporation
PLAYERS BUSINESS PARK LTD.
Name: Title:
l/We have authority to bind the Corporation
Name: Title:
I/We have authority to bind the Corporation
WEST DIAMOND PROPERTIES INC.
Name: Title:
l/We have authority to bind the Corporation
Name: Title:
l/We have authority to bind the Corporation
ROYAL BANK OF CANADA
Name:
Title:
Name: Title:
I/We have authority to bind the Corporation
8
Rel!:istration
15. The parties hereto other than the Municipality consent to the registration of a Notice of
this Agreement as a charge against the title to the "Owners' Commercial Lands" (as
defined in the Principles). Forthwith after the Owners have satisfied their obligations to
the Municipality under this Servicing Agreement, the Municipality shall execute at the
Owners' written request, such documents prepared by the Owners as are necessary to
remove the registration of the Notice of this Agreement from title.
Time is of the Essence
16. Time is of the essence of the Servicing Agreement.
Authority of the Municipality
17. The parties hereto acknowledge and agree that the Municipality has authority to enter
into this Security Agreement, that every provision hereto is authorized by the law and
enforceable and that this Servicing Agreement is executed by the Municipality in reliance
on such acknowledgement and agreement.
Further Assurances
18. The parties hereby covenant and agree to forthwith execute and provide all further
documents, instruments and assurances as may be necessary or required in order to carry
out (and give effect to) the true intent of this Agreement, and to effect the registration
against and release from title to the lands subject to this Agreement of such notices or
other instruments in accordance with the provisions of this Agreement.
Enurement
19. This Agreement shall enure to the benefit of and be binding on the Parties hereto, and
their respective successors and assigns.
Counterpart Executions
20. This Agreement may be executed in counterparts.
7
Or,
Municipality: The Municipality of Clarington
40 Temperance Street
Bowmanville, ON Ll C 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
or such other telefax number or address of which any party has notified the other parties
in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and
sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to
4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays)
shall be deemed to have been received at the time of delivery or transmission and if
mailed by pre-paid registered mail, it shall be deemed to have been received on the third
business day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shall be sent by an alternate means oftransportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
Force Maieure
13. In this Servicing Agreement, the term "Force Majeure" means any delay for the duration
of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of military
authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation
activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water,
earthquake or other casualty, or an Act of God and any act, omission or event whether of
the kind herein enumerated or otherwise not within the control of a party to this
Agreement, none of which has been caused by the deliberate default or act or omission by
such party and none of which has been avoidable by the exercise of reasonable effort or
foresight by such party. The Municipality or other party to this Agreement, as the case
may be, shall notify the other parties to this Agreement of the commencement, duration
and consequence (so far as the same is within the knowledge of the Municipality or such
other party, as the case may be) of any Force Majeure affecting the performance of any of
its obligations hereunder within thirty (30) days of gaining such knowledge.
Postponement of Chan?:es
14. Royal Bank hereby postpones its rights under the Charge registered in the Land Registry
Oftice as Instruments No. DR 265437 to the rights of the Municipality under this
Agreement.
6
All Actions at Risk of Owners
9. All actions taken by the Municipality in respect of the Sanitary, Storm and Sewer Works
provided for in the Servicing Agreement are entirely at the risk of the Owners who shall
have no recourse against the Municipality except where loss or damage is caused by the
negligence of the Municipality, its officials, employees, agents, or contractors.
Ownershio of Sanitary. Storm and Water Works
10. The Owners agree that when the construction and installation of the Sanitary, Storm and
Water Works are completed, the sanitary, sewer and water main shall be deemed to be
owned by the Region and the storm sewer shall be deemed to be owned by the
Municipality without compensation therefore being paid to the Owners either by the
Region or by the Municipality.
Actin!!: Reasonablv
11. All discretionary decisions of officials of the Municipality and the Municipality which
are referred to in this Agreement shall be deemed to be qualified by the words "acting
reasonably" .
Notice
12. If any notice or other document is required to be or may be given to or by the
Municipality or by any official of the Municipality to a party to this Servicing
Agreement, such notice shall be transmitted by telefax, mailed by first class prepaid post
or delivered to:
Players/:
West Diamond
Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fisher
West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4Rl
Attention: Mr. Robert DeGasperis
And:
Royal Bank
Royal Bank of Canada
180 Wellington Street West
Sth Floor
Toronto, ON MSJ 112
5
Estimate then in force, forthwith after written demand is given them, the Owners shall
pay the Municipality any amount by which such as-constructed costs exceed such
Sanitary, Storm and Water Works Cost Estimate ("As-Constructed Payment"). If the
Director determines that the as-constructed costs are less than the Sanitary, Storm and
Water Works Cost Estimate then in force, the Municipality shall return any Performance
Guarantee not required for the payment of the cost of the Sanitary, Storm and Water
Works without interest to the Owners within thirty (30) days after the aforesaid written
notice is given to the Owners by the Director.
Use of Funds bv the Municipalitv
6.
(a)
The Municipality shall use the Performance Guarantee and the As-Constructed
Payment only for costs actually incurred in respect of the Sanitary, Storm and
Water Works.
(b) During regular business hours of the Municipality at a time to be arranged in
advance with the Director, the Owners may inspect copies of such documents a
may be reasonably required to verify the costs incurred by the Municipality
respecting the Sanitary, Storm and Water Works (including copies of invoices,
approved purchase orders, and/or certified progress certificates in respect of such
costs).
Conseauences of Default
7. In the event that the Owners fail to provide any Performance Guarantee or make any
payments to the Municipality required pursuant to this Agreement within the time periods
required herein, the Owners in default shall not apply for or require the issuance of any
permit for the construction of or occupancy by or occupy any Large Format Retail Store
on any portion of the "Owners' Commercial Lands" (as defined in the Principles As
Amended) pursuant to the Ontario Building Code Act until such Performance Guarantee
or payments (including the payment of any interest that has accrued pursuant to
paragraph 8) have been fully deposited or made.
Unpaid Monics
8. Except as otherwise provided in this Servicing Agreement, the due date of any money
payable under it, unless a different due date is specified in this Agreement, shall be ten
(10) days after the date of the giving of written notice by the Municipality to the Owners,
as the case may be. Where the Owners are in default in respect of such payment, interest
shall be calculated and be paid to the Municipality by the Owners on all sums in default
at the same rate, and in the same manner, and at the same time as is the case with
municipal taxes which are in arrears at the date on which the default in question
commences.
4
Owners' Payment to be Secured bv Performance Guarantee
3. The performance guarantee ("Performance Guarantee") referred to in the Servicing
Agreement to be provided by the Owners to the Municipality to secure their obligations
to the Municipality hereunder shall either be cash (which shall be deposited in a
segregated reserve account by the Municipality) or an irrevocable and unconditional
letter of credit issued by a bank listed in Schedule I or II of the Bank Act in a form and
containing terms and conditions that are acceptable to the Municipality's Director of
Finance. The amount of the Performance Guarantee shall be as provided for in the
"Sanitary, Storm and Water Works Cost Estimate" contained in Schedule "D" hereto and
shall be adjusted from time to time as provided in this Servicing Agreement.
Revised SanitarY. Storm and Water Works Cost Estimates and Additional Payments
4.
(a)
Prior to the Owners payment to the Municipality of the as-constructed costs of the
Sanitary, Storm and Water Works, the Municipality's Director of Engineering
Services ("Director") may from time to time give written notice to the Owner of
his revised cost estimate of the cost of such Works ("Revised Sanitary, Storm and
Water Works Cost Estimate"), together with an explanation of the reason for the
revised cost estimate. The amount to be paid by the Owners to the Municipality
for the construction and installation of the Sanitary, Storm and Water Works shall
be deemed to be the amount of the latest of the Sanitary, Storm and Water Works
Cost Estimate and the Revised Sanitary, Storm and Water Works Cost Estimate of
which written notice is given to the Owners by the Director. Following the giving
of notice pursuant to this paragraph, the latest Revised Sanitary, Storm and Water
Works Cost Estimate shall be deemed to be the Sanitary, Storm and Water Works
Cost Estimate for the purposes of this Servicing Agreement.
(b) If the Director gives written notice to the Owners of the Revised Sanitary, Storm
and Water Works Cost Estimate subsequent to the Owners having deposited the
Performance Guarantee with the Municipality pursuant to paragraph 3, the
Owners shall deposit with the Municipality an additional Performance Guarantee
in the amount of the increase in the Sanitary, Storm and Water Works Cost
Estimate within thirty (30) days of such notice being given.
As-Constructed Costs
s. Upon completion of the Sanitary, Storm and Water Works, the Director shall give the
Owners written notice that the Sanitary, Storm and Water Works have been completed.
No later than ten (10) days following the date on which this written notice is given to the
Owners, the Director shall give the Owners written notice of the as-constructed costs
thereof. If the as-constructed costs exceed the Sanitary, Storm and Water Works Cost
3
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the
other Parties as follows:
Recitals and Schedules
1. Each of Recitals D to F, inclusive, and the Schedules hereto are hereby incorporated into
the operative part of this Servicing Agreement and shall be construed and given the effect
of covenants contained in it. If there is an inconsistency between any of the Recitals and
of the following paragraphs, the text of the paragraph shall prevail to resolve the
inconsistency.
Financinl! and Construction of Sanitarv. Storm and Water Works
2.
(a)
The Owners shall pay to the Municipality the cost of construction and installation
of the Sanitary, Storm and Water Works as provided in this Servicing Agreement.
Conditional on the Performance Guarantee required by paragraph 3 as security for
the Owners' obligations to make the aforesaid payment being deposited with the
Municipality on or prior to June 25, 2007, the Municipality shall include the
construction and installation of the Sanitary, Storm and Water Works as
components of the Green Road Reconstruction Works and the Stevens Road
Construction Works tender package. Subject to the provisions of this Servicing
Agreement, the Sanitary, Storm and Water Works are intended to be included as
works to be constructed in a contract(s) with the successful bidder(s) in response
to the aforesaid tender call made by the Municipality.
(b) The Parties acknowledge that the Municipality' present intention is to call for
tenders for the Green Road Reconstruction Works and the Stevens Road
Construction Works on or prior to June 25, 2007 and to enter into a construction
contract or contracts with the contractor(s) to which the construction contract(s) is
(are) awarded on or before July 31,2007.
(c) If the Owners do not make the payment referred to in paragraph 2(a) to the
Municipality on or before June 25, 2007, this Servicing Agreement shall
terminate. For clarity, on termination of this Servicing Agreement the
Municipality shall have the unfettered right to delete from the tender package
and/or the construction contract(s) referred to in paragraph 2(a) all reference to
the construction and installation of the Sanitary, Storm and Water Works. The
Owners shall indemnify the Municipality against all costs, losses and damages
including without limitation its reasonable legal fees and disbursements that may
be incurred by the Municipality resulting from the aforesaid deletion.
2
Agreement was registered on title to the land referred to in Recital A as Instrument No.
. The Principles as amended by the First Amendment Agreement are hereinafter
referred to hereinafter as the "Principles As Amended".
C. A Charge in favour of Royal Bank dated April 6, 2004 was registered in the Land
Registry Office on the title to the lands identified by the following PINs as Instrument No.
DR265437.
flliJt
26612-0113
26612-0114
26612-0024
~
Players
West Diamond
Players
D. Royal Bank has agreed with the Municipality to postpone its rights under the Charge
referred to in Recital C to the rights of the Municipality under the Principles As Amended and
under the Stevens Road Extension Agreement dated March I, 2006 between Players, West
Diamond, Halloway Holdings Limited and the Municipality. A copy of the Stevens Road
Extension Agreement is contained in Schedule "H" to the Principles.
E. The Municipality intends to call for tenders and award a construction contract(s) for the
following works:
1. The "Green Road Reconstruction Works" between the Stevens Road Extension
and the Region of Durham ("Region") Highway No.2. The Green Road
Reconstruction Works are described in Schedule "A" hereto.
2. The Stevens Road Construction Works between Clarington Boulevard and Green
Road. The Stevens Road Construction Works are described in Schedule "B"
hereto.
F. In order to facilitate the development of the "Owners' Commercial Lands" (as defined in
the Principles As Amended) and in order and to satisfy requirements of the Region respecting the
construction and installation of a sanitary sewer main and water main and the requirement of the
Municipality respecting the construction and installation of a storm sewer main at the Owners'
request, the Owners and the Municipality have agreed that these Works may be constructed and
installed in sections of the road allowances of Green Road and Stevens Road at the cost of the
Owners. The sanitary sewer, storm sewer and water main works are described in Schedule "C"
hereto. These works referred to hereinafter as the "Sanitary, Storm and Water Works".
G. The execution of this Servicing Agreement by the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington is authorized by By-law No. 2007-142 passed by the
Municipality's Council at its meeting on June 25th 2007.
Attachment 3
To Report PSD-088-07
SERVICING AGREEMENT
THIS SERVICING AGREEMENT made as of the 25th day of June, 2007.
BETWEEN:
WHEREAS:
PLAYERS BUSINESS PARK LTD. ("Players") and
WEST DIAMOND PROPERTIES INC. ("West Diamond")
(hereinafter collectively called the "Owners")
OF THE FIRST PART
- and -
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called "Royal Bank")
OF THE THIRD PART
A. Principles of Understanding dated March I, 2006 ("Principles") were made by the
Owners, the Municipality and 1613881 Ontario Inc. ("1613881"). They were registered in the
Land Registry Office for the Land Titles Division of Durham (No. 40) as Instrument No.
DR495847 on the title to the lands identified by the following Property Identification Numbers
("PIN").
PIN#
26612-0113
26612-0114
26612-0024
26613-0102
Owner
Players
West Diamond
Players
1613881 Ontario Inc.
B. The Principles were amended by the First Principles of Understanding Amendment
Agrcement ("First Amendmcnt Agreement") datcd June 25, 2007 made between the Owners, the
Municipality, 1613881, Royal Bank of Canada and 672003 Ontario Inc. The First Amendment
Attachment 2
To Report PSD-088-07
CONCEPT PLAN
FOR
DEVELOPMENT
~ ! ! 'I'll
~ ~ 4t..I1 '_I t
I!l ~j 1!8 1m"' .
~ II 1~~~
~ I 1'\,
~; II~ .\Iiiii
-
..
..,
..
~..
Ii
..
~
~
E
L
U
~
Attachment 1
- NO,WN1W"r.> To Report PSD-088-07
~ U
'S: -d U
c II
ClI :i.E
E
~ ~ en
0 .. CD
ID ns .-
- a..t::
- C
a- ('I) CD en CD
ClI ~ E en c.
:::i!! 0 CD 0
't:J .5 Q:
c 0 C
0 . CD en't:J
:;::: ......
ClI 0 E :s C
u 0 c:( lEI 0
0 f E
...J N C
~ <C ~ CD .!
a.. >-0
Gl Q. ~-
a- m CD
e - a.. en
D. Ci) ~~
C't:J
~ C
ons
~
: I
(l)
~
is
~
~
REPORT NO.: PSD-088-07
PAGE 9
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Concept Plan for Development
Attachment 3 - Draft Servicing Agreement
Attachment 4 - Draft First Principles of Understanding Amendment Agreement
Attachment 5 - Draft Assumption Agreement between the Municipality, Royal Bank of
Canada and others
Attachment 6 - Draft Assumption Agreement between the Municipality, 672003 Ontario
Inc. and others
Attachment 7 - Draft Subdivision/Consent Agreement
Attachment 8 - Draft By-law to authorize execution of Servicing Agreement
Attachment 9 - Draft By-law to authorize execution of the First Principles of Understanding
Amendment Agreement
Attachment 10 - Draft By-law to authorize execution of Assumption Agreement with Royal
Bank of Canada and Others
Attachment 11 - Draft By-law to authorize execution of Assumption Agreement with 672003
Ontario Inc. and Others
Attachment 12 - Draft By-law to authorize execution of Subdivision/Consent Agreement
List of interested parties to be advised of Council's decision:
Peter Murphy, Metrus Properties
Peter Smith, Bousfields Inc.
Rosly Houser, Goodmans LLP
REPORT NO.: PSD-088-07
PAGE 8
7.2 To implement Council's policy, the Municipality developed urban design principles and
guidelines that have been implemented through the Official Plan policies and zoning
by-law for the area. To ensure Council's direction of creating "a unique sense of place"
and to complement the high standards in building design agreed upon with Home
Depot and Wal-Mart, the Municipality initiated the Bowmanville West Town Centre
Streetscape Implementation Plan (Streetscape Plan) a forwarded through Report
#PSD-045-07.
7.3 The nature and size of the proposed developments requires the reconstruction and
urbanization of Highway 2 and as such requires special consideration in terms of
design and pedestrian orientation. The Streetscape Plan recognizes the importance of
Highway 2 as the main regional corridor in the community. The importance of Highway
2 is also recognized in the Regional Corridor Guidelines and the Regional Official
Plan.
7.4 The Streetscape Plan concept for Durham Highway 2 will be implemented in phases.
The first phase requires that the structural elements like raised planters in the median
and boulevard be undertaken at the same time as the reconstruction of Durham
Highway 2.
7.5 To this end, staff have developed a cost sharing structure that requires a contribution
from PlayersNVest Diamond for streetscaping and landscape improvements of
$305,000.00 exclusive of design costs, a contingency allowance and GST. The
payment of this amount as provided for in the Subdivision/Consent Agreement is to be
made on or prior to the execution of this Agreement by the Municipality. PlayersNVest
Diamond's responsibility includes works in and north of the median between Green
Road and Boswell Drive. The Municipality will be responsible for landscaping and
Streetscaping costs south of the median.
8.0 CONCLUSIONS AND RECOMMENDATIONS
8.1 The making of the Agreements referred to in this Report will allow the servicing of the
PlayersNVest Diamond commercial lands to take place in an expeditious manner.
When application is made for site plan approval of the proposed Wal-Mart store and
associated facilities a further report will be submitted on the site and the removal of
the Holding Symbol from the zoning of the portion of the lands on which the store and
supporting facilities will be located.
8.2 It is recommended that Council approve the draft Agreements contained in
Attachments 3 to 7 and authorize the Mayor and Municipal Clerk to execute them on
behalf of the Municipality.
REPORT NO.: PSD-088-07
PAGE 7
6.0 SUBDIVISION/CONSENT AGREEMENT
6.1 Attachment 7 contains recommended draft Subdivision/Consent Agreement necessary
to implement the requirements of the PlayersNVest Diamond Principles of
Understanding and the applicable condition of the Provisional Consent anticipated to
be granted by the Region of Durham Land Division Committee.
6.2 The Subdivision/Consent Agreement between the Municipality and PlayersNVest
Diamond provides for:
. The transfer of land required for the Durham Highway 2/Boswell Drive
intersection improvements, Boswell Drive between the northerly limit of Durham
Highway 2 and the northerly limit of the PlayersNVest Diamond commercial
lands, a 0.3 metre reserve on the west side of Boswell Drive and the widening of
Green Road.
. The construction of the Boswell Drive Works including the intersection
improvements.
. PlayersNVest Diamond to provide drainage, erosion control, grading, landscaping
and servicing of their commercial lands in accordance with specified drawings.
. The payment of $305,000.00 to the Municipality for the Durham Highway 2
landscaping and streetscaping works.
. The construction including the phasing of construction of specified elements and
the maintenance of Private Roads A, B 1 and B2 Improvements in accordance
with specified construction and completion schedules.
. The incorporation of the PlayersNVest Diamond Principles and the Stevens Road
Extension Agreement into the Subdivision/Consent Agreement.
. The postponement of the mortgage to Royal Bank of Canada to the right of the
Municipality under the Principles of Understanding and the Stevens Road
Extension Agreement and the Subdivision/Consent Agreement.
6.3 The Subdivision/Consent Agreement will be registered on title to the PlayersNVest
Diamond Principles. It will be enforceable against successors in title to PlayersNVest
Diamond.
7.0 DURHAM HIGHWAY 2 LANDSCAPING AND STREETSCAPING
7.1 Council policy has established the Bowmanville West Town Centre area as one the
two main commercial areas of Clarington with high standards for building and
streetscape design. Through the Bowmanville West Town Centre Secondary Plan,
one of the goals adopted by Council was "to ensure high quality of architecture and
urban design in all phases of development in order to create a unique sense of place
and foster social interaction in the West Town Centre".
REPORT NO.: PSD-088-07
PAGE 6
rights-of-way. Players/West Diamond have requested that these services be
constructed by the Municipality in these rights-of-way at their cost in conjunction with
the construction of the Green Road reconstruction works and the Stevens Road
construction works. These services will connect with services internal to the
Players/West Diamond commercial lands.
3.4 It is in the Municipality's interest to grant Players/West Diamond's request as this will
avoid the inconvenience and disturbance of service installation after the reconstruction
of Green Road and the construction of Stevens Road from Green Road to Clarington
Boulevard have been completed.
3.5 The recommended Servicing Agreement is contained in Attachment 3. It provides for
the Municipality to construct the requested services conditional on Players/West
Diamond depositing security with the Municipality on or before June 25 in the amount
of the estimated costs $657,284.33. The Municipality will draw on the security as work
progresses. Provisions are made in the Servicing Agreement for revisions to the works
cost estimates and the ultimate payment to the Municipality of the as-constructed
costs of the services in question.
4.0 PRINCIPLES OF UNDERSTANDING AMENDMENT AGREEMENT
4.1 As is noted above in section 2 of this Report, amendments are required to be made to
the Players/West Diamond Principles of Understanding in order to add legal
descriptions of Private Roads A, B1 and B2. On registration of these amendments on
title, the options to purchase the Private Roads granted to the Municipality will be
enforceable against successors in title of Players/West Diamond.
4.2 Attachment 4 contains the draft First Principles of Understanding Amendment
Agreement. It provides for the necessary amendments and is recommended for
Council's approval.
5.0 ASSUMPTION AGREEMENTS
5.1 As is noted above in section 2 of this Report, mortgagees of any portion of the lands to
which the Players/West Diamond Principles of Understanding apply are required to
enter into Assumption Agreements with the Municipality. Under these Agreements,
mortgagees assume the obligations of the original parties to the Principles of
Understanding if they were to take possession or control of the Players/West Diamond
commercial lands.
5.2 Attachment 5 contains the draft Assumption Agreement between the Municipality and
Royal Bank of Canada. Attachment 6 contains the Assumption Agreement between
the Municipality and 672003 Ontario Limited. Each of these Agreements implements
the requirements of the Principles of Understanding in this regard and are
recommended for Council's approval.
REPORT NO.: PSD-088-07
PAGE 5
into parcels for transfer to others is permitted by the consent to divide becoming final
on satisfaction of the conditions to the provisional consent.
2.10 Players/West Diamond has applied for a provisional consent to divide their
commercial lands into a number of parcels. It is anticipated that the Region of Durham
Land Division Committee will grant its provisional consent to these divisions in July
2007 and that it will be subject to conditions including that a Subdivision/Consent
Agreement be made with the Municipality and that an agreement be made with the
Region of Durham respecting, among other things, the reconstruction of Durham
Highway 2 between Boswell Drive and Green Road.
2.11 A draft Subdivision/Consent Agreement with the Municipality has been prepared in
anticipation of the Provisional Consent being granted. It is recommended for approval
below in this Report.
2.12 In addition to requiring the owners to construct Private Roads A, B 1 and B2, the
Players/West Diamond Principles of Understanding also required the owners to
construct Boswell Drive northerly from Durham Highway 2 to the north limit of the
Players/West Diamond commercial lands.
2.13 The Players/West Diamond Principles of Understanding also require that proposed
purchasers, mortgagees or long-term lessees enter into Assumption Agreements with
the Municipality. The mortgagees of portions of the lands to which the Principles of
Understanding apply, Royal Bank of Canada and 672003 Ontario Limited have
executed Assumption Agreements which are discussed below. Also, Players/West
Diamond and 1613881 have executed Acknowledgements and Directions for the
registration of restrictions against the title to their respective lands under section 118
of the Land Titles Act as required by the Principles of Understanding.
3.0 SERVICING AGREEMENT
3.1 Related to the Principles of Understanding between the Municipality and Players/West
Diamond and Halloway, respectively, is the Stevens Road Extension Agreement dated
March 1, 2006. It provides for the design and construction of the Stevens Road
Extension from Regional Road 57 to Green Road. The construction is to be
undertaken by Municipality. Players/West Diamond agreed to pay the cost of
construction to an "Urban Profile" of the section of Stevens Road from Clarington
Boulevard. Each of them has deposited securities with the Municipality for their
respective financial contribution in the total amount of Five Hundred and Ninety-Six
($596,000.00) Thousand Dollars.
3.2 Tenders have been called for the construction of the section of Stevens Road from
Clarington Boulevard to Green Road. It is anticipated that Council will award the
construction contract for this section and the reconstruction of Green Road from
Stevens Road to Durham Highway 2 at its meeting on June 25, 2007.
3.3 Sanitary and storm sewers as well as a water main to service the Players/West
Diamond commercial lands will be located in the Green Road and Stevens Road
REPORT NO.: PSD-088-07
PAGE 4
2.3 The purpose of the Players/West Diamond Principles of Understanding is to provide a
means for the Municipality to be satisfied that its key infrastructure, landscaping,
streetscaping, urban design, building massing location of parking, the provision of
Private Roads A, B 1 and B2 will be provided in accordance with the Bowmanville
West Town Centre Secondary Plan, Zoning By-law 2006-047 and the approved
Concept Plan for Development no matter what the sequence of development of
individual buildings might prove to be.
2.4 The Concept Plan for Development (Attachment 2) is central to the Principles of
Understanding. It shows the conceptual development of buildings on the entire
Players/West Diamond commercial lands including, Private Roads A, B1 and B2,
driveways, parking and landscaping areas. All development is required to be
consistent with the Concept Plan for Development. It therefore establishes the context
for the consideration of applications for site plan approval under section 41 of the
Planning Act.
2.5 Integral to the achievement of the purpose of the Players/West Diamond Principles of
Understanding are arrangements for Players/West Diamond's contribution to part of
the cost of the Stevens Road Extension, the granting to the Municipality of an option to
purchase Private Roads A, B 1 and B2 which is to be exercisable by the Municipality
when overall development of the Players/West Diamond commercial lands reaches a
stipulated intensity, and Players/West Diamond's contribution to the cost of
urbanization of Durham Highway 2 between Green Road and Boswell Drive including
landscaping and streetscaping works.
2.6 The Players/West Diamond Principles of Understanding contain cross-section
drawings for the continuation of Private Roads A, B1 and B2, and streetscaping and
landscaping of them.
2.7 The Principles of Understanding are registered on the title to Players' and West
Diamond's commercial lands, and their residential lands. They are also registered on
the title to 1613881's residential lands.
2.8 When the Principles of Understanding were registered on title a plan of survey
showing the boundaries of each of Private Roads A, B1 and B2 had not been
deposited on title. On June 15, 2007, Plan 40R-24933 showing these boundaries was
deposited on title. In order that the option granted to the Municipality to purchase
Private Roads A, B 1 and B2 is enforceable against successors in title of Players and
West Diamond, it is recommended below that the Players/West Diamond Principles of
Understanding be amended to add descriptions of Private Road A, B1 and B2 by
reference to Plan 40R-24933.
2.9 The Principles of Understanding require that a Subdivision/Consent Agreement be
made with the Municipality under the Planning Act before application is made for a
building permit and before the division of the Players/West Diamond commercial lands
REPORT NO.: PSD-088-07
PAGE 3
1.0 BACKGROUND
1.1 At its Special Meeting on March 1, 2006, Council approved the recommendations
contained in Report #PSD-027 -06. The recommendations included the approval of
Commercial Policy Review and the Bowmanville Main Central Area Secondary Plan
Review Report. Council adopted Official Plan Amendments 43 and 44 and related
Zoning By-law Amendments 2006-046 and 2006-047 to implement the
recommendations contained in these two Reports and Report #PSD-027 -06.
Council also approved certain agreements between the Municipality and two groups of
proponents: (1) Halloway Holdings Limited ("Halloway") and (2) Players Business Park
Ltd. ("Players"), West Diamond Properties Inc. ("West Diamond"), and 1613881
Ontario Inc. ("1613881"). Players, West Diamond and 1613881 are collectively
referred to in this Report as "Players/West Diamond". The agreements included the
Players/West Diamond Principles of Understanding, and the Stevens Road Extension
Agreement between the Municipality, Players/West Diamond and Halloway.
1.2 The map contained in Attachment 1 shows the commercial lands owned by Players
and West Diamond located generally between Durham Highway 2, Green Road and
the planned northerly extension of Boswell Drive ("Players/West Diamond commercial
lands"). The map also shows residential lands owned by Players and West Diamond
located generally between the north limit of their commercial lands, Green Road, the
planned extension of Boswell Drive and the planned westerly extension of Longworth
Avenue. Additionally, the plan shows residential lands owned by 1613881 located
generally between the southerly limit of planned Brookhill Boulevard, Green Road, the
planned northerly extension of Boswell Drive and northerly limit of commercial
development on the subject lands.
1.3 Appeals from the adoption of Official Plan Amendment 44 and Zoning By-law
Amendment 2006-047, both of which applied to the Players/West Diamond
commercial lands, have been dismissed by the Ontario Municipal Board. No appeal
was filed in respect of Zoning By-law Amendment 2006-046. Official Plan Amendment
44 and Zoning By-law Amendments 2006-046 and 2006-047 are in full force and
effect.
2.0 PLA YERSIWEST DIAMOND PRINCIPLES OF UNDERSTANDING
2.1 The Players/West Diamond Principles of Understanding dated March 1, 2006 were
based on the assumption that the development of the Players/West Diamond
commercial lands will be phased with development occurring as market opportunities
become available.
2.2 It is expected that the first phase of development of the Players/West Diamond
commercial lands will include the proposed Wal-Mart store. An application for site plan
approval under section 41 of the Planning Act has been submitted but it is incomplete
at this stage.
. REPORT NO.: PSD-088-07
PAGE 2
the Municipality of Clarington to execute an Assumption Agreement with such parties
substantially in the form of the draft Agreement contained in Attachment 6;
6. THAT Council approve the draft Subdivision/Consent Agreement between the Municipality,
Players Business Park Ltd., West Diamond Properties Inc. and Royal Bank of Canada and pass
a by-law (Attachment 12) to authorize the Mayor and Municipal Clerk on behalf of the
Municipality of Clarington to execute a Subdivision/Consent Agreement substantially in the form
of the draft Agreement contained in Attachment 7; and
7 . THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Submitted by:
~
avi J. Crome, MCIP, R.P.P.
Director of Planning Services
)
/ --: I .
Reviewed by:\.'-.. to<-....JZ.Y ---0 L-rz...
Franklin Wu,
Chief Administrative Officer
A.S. Cannella, C.E.T.,
Director of Engineering Services
DH/COS/RHIDJC/df
19 June 2007
REPORT 114
Cl!J!.-YJgron
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, June 25, 2007
Report #:
PSD-088-07
File #: SPA 2007-0013
By-law #:
Subject:
AMENDMENTS TO PRINCIPLES OF UNDERSTANDING BETWEEN THE
MUNICIPALITY, PLAYERS BUSINESS PARK LTD., WEST DIAMOND PROPERTIES
INC. AND 1613881 ONTARIO INC., AND CERTAIN OTHER AGREEMENTS TO
PERMIT SERVICING OF PLA YERS/WEST DIAMOND'S COMMERCIAL LAND
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-088-07 be received;
2. THAT Council approve the draft Servicing Agreement between the Municipality, Players
Business Park Ltd., West Diamond Properties Inc. and Royal Bank of Canada and pass a By-
law (Attachment 8) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of
Clarington to execute a Servicing Agreement with such parties substantially in the form of the
draft Agreement contained in Attachment 3;
3. THAT Council approve the draft First Principles of Understanding Amendment Agreement
between the Municipality, Players Business Park Ltd., West Diamond Properties Inc., 1613881
Ontario Inc., Royal Bank of Canada and 672003 Ontario Inc. and pass a By-law (Attachment 9)
to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute
an Agreement with such parties substantially in the form of the draft Agreement contained in
Attachment 4;
4. THAT Council approve the draft Assumption Agreement with Royal Bank of Canada and others
and pass a By-law (Attachment 10) to authorize the Mayor and Municipal Clerk on behalf of the
Municipality of Clarington to execute an Assumption Agreement with such parties substantially
in the form of the draft Agreement contained in Attachment 5;
5. THAT Council approve the draft Assumption Agreement with 672003 Ontario Inc. and others
and pass a By-law (Attachment 11) to authorize the Mayor and Municipal Clerk on behalf of
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
This is Schedule "A" to By-law 2007- ,
passed this day of ~ 2007 A.D.
: I ~ r=~'_ HIGH DENSITY RESIDENTIAL n. ill ,
-;-~ffi~~ rP7~~~*
,; ~r"~~'1th' 00'v~.'~~K
-- ~/////~~/////~ v ,/,/,'//, 1/Hv '\.
~ ~~ W&~~~~ W~ j ~~~ A~rf I!
-- ~ ~/// ~///:. ~, IQU/:/: // / l' i
TI~~ ~~ ,//j/~~@ ~~i; .(5;~a /;.7 ~
,. ~ ///////////////./.'~~~,.i'z.~~:.(,:~~ I ~
-~ ~~,v~~ ,f~ f~ . '~%r:'~:' ~ i. ~
-- ,...-.~J70("////t:? -. '// /., ~'_lS
Vf/;~ ~"'.0 Vy~VVvy ,//: , ~A, -1
o ~~ ~r / -< -< /,.. / ., ~ v A~r-:: \
-~~.~','@1~~_~~~II'
~V/~~vrA'A::A' 'A'A'A'A'.Yyy..:\'Y01f W"xff~A'A'A'A: ~ .~/! j"
, . ~h~/////////////l //// J//////////// _/!:
'i. L X "A" :tIoIaI('IllC'1IOUl.
~~~.': (,."""...."'l" ..... ;
~':::::-----" Q (> LONGUJORTf-J AVENUE ~~~~..,.
->'"
~ Zoning Change From "(H)C1-38" To "C1-38" J
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
~
Z
3:
v;
LONCWOPr.;,'
P4RK
h;LRO:"'C i...ONGWOP,T,l;'
PUBUC SCHOOL
Bowmanville
Attachment 2
To Report PSD-087-07
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA 2006-032;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from: "Holding - General Commercial Exception
((H)C1-38) Zone" to "General Commercial Exception (C1-38) Zone".
2. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
~
'S;
c::
III
~
a:l
Q.
III
::liE ~lS
c::
o
..
III
U
o
.J
~
CD
Q.
o
..
Do
133 ~lS
! {i
'"~ I
~~ l_
;\0 ,
1;'~ '2
'!ii! .~
N...... ~9
~
'y
W
::::J
Z
W
::.
z
3'
o
o
o
'-'
....
asle
(Oil::
ll::i\':
"<
700H:JS
J.Y'I1N31'1373
3J'IY'Id3S
H138'r1ZI73 ~S
Hl~ON 133~lS Al~381l
.'
...
___ llM>NOO
~~
h
Ii
.#
,
~
,.
Attachment 1
To Report PSD-087-07
N
C")
o
o
.
CD
o
o
N
c(
m
N
-
c
CD
E
"C
C
CD
E
<C
~
ftS
..J
.
~
m
Q
c
C
o
N
I
lit
~
e
W
:J
Z
W
~
:c
~
o
;:
(!)
z
o
...J
ci
..
o
o
.!
c
CD
E
Q.
o
Q)
>
CD
C
o
c
.c
ftS
..J
..:
CD
c
~
o
~
REPORT NO.: PSD-087-07
PAGE 3
request Council to proceed with the removal of the Holding symbol on the site
prior to the execution of the site plan agreement. Staff will ensure that the
following matters are addressed by the developer to the satisfaction of the
Municipality:
· The applicant will execute a site plan agreement, which governs site
development, building form, landscaping works, and lighting. Financial
securities for landscaping works, entrance and sidewalk construction will
be administered through this agreement.
· The applicant has satisfied the specific urban design requirements through
the building elevations and street orientation, which include special
exterior treatment, building articulation, and screening of all rooftop
mechanical units.
· The site development will include the provision of a public square on the
corner of Longworth Avenue and Liberty Street North, in accordance with
Official Plan policy.
3.6 The approval of a by-law to remove the holding symbol is appropriate at this
time. It will also allow a conditional building permit to be issued by the Chief
Building Official for the footing and foundation portion of the store.
3.7 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment
to remove the "Holding (H)" symbol is not subject to the normal appeal period
afforded to a standard rezoning application and accordingly shall be deemed final
and binding upon Council's approval.
4.0 CONCLUSION
4.1 In consideration of the comments noted above, it is recommended that Council
approve of the removal of the "Holding (H)" symbol, as shown on the attached
by-law and schedule (Attachment 2).
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of "Holding (H)" symbol
List of interested parties to be advised of Council's decision:
Labno Developments Corp.
Humphries Planning Group Inc.
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Agent:
1.3 Rezoning:
1 .4 Location:
Labno Developments Corporation
Humphries Planning Group Inc.
Removal of "Holding (H)" symbol
570 Longworth Avenue, Bowmanville (Attachment 1)
2.0 BACKGROUND
2.1 On December 05, 2006, Staff received an application from Humphries Planning
Group, on behalf of Labno Developments Corporation for the removal of the
"Holding (H)" symbol for the subject lands at 570 Longworth Avenue in
Bowmanville. The removal of the holding symbol would permit the development
of a 2734.9 m2 commercial plaza consisting of a Shoppers Drug Mart, four
additional shops, a bank and a street related building along Liberty Street.
3.0 STAFF COMMENTS
3.1 The proposed development is located within the Knox Neighbourhood Planning
Unit, on the northwest corner of Liberty Street North and Longworth Avenue.
3.2 The Clarington Official Plan designates the property "Neighbourhood Centre"
which permits the proposed commercial development. The designation permits a
maximum of 5000m2 of retail commercial floor space. The Plan also requires a
public square.
3.3 The site is presently zoned "Holding - General Commercial Exception ((H)C1-
38)". The zoning permits a wide range of commercial uses within a shopping
centre format, including eating establishments, retail commercial establishments,
shopping centre, a bank, and a convenience store.
3.4 The Holding provision is being used to ensure that prior to development, a site
plan is approved. The applicant submitted a site plan application for a
commercial plaza on the site simultaneously with the removal of the holding
symbol. After four submissions, the site plan process is near completion and
only the following minor issues remain outstanding.
. Cost estimates for landscaping and engineering works must be finalized;
and
. The finalization of the architectural design of the buildings.
3.5 Staff is satisfied with how the applicant is meeting our standards of site and
building design through the Site Plan process. To expedite the development
which is anticipated to be site plan approved during the summer recess, Staff
Cl!Jl.iQgton
REPORT 113
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, June 25, 2007
Report #: PSD-087 -07
File #'s: ZBA 2006-032 and By-law #:
SPA 2006-0043
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: LABNO DEVELOPMENTS CORPORATION
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-087-07 be received;
2. THAT the application submitted by Labno Developments Corporation to remove
the Holding (H) symbol from the lands identified as 570 Longworth Avenue on
the northwest corner of Liberty Street North and Longworth Avenue, be
APPROVED and that the attached by-law be PASSED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
/~ A 17 ,) ---r'
Reviewed by:;",,~~~LCf1c
David rome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
DJ/COS/DJC/df
June 18, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
Clarington Accessibility Plan - 2007
Page lO
Appendix "A"
Disability Barriers
Barrier Type Example
Physical A door knob that cannot be operated by
an elderly person with limited upper-body
mobility and strength.
Arch itectu ra I A hallway or door that is too narrow for a
wheelchair or scooter.
Informational Typefaces that are too small to read by a
person with low vision.
Communicational A professor who talks loudly when
addressing a deaf student.
Attitudinal A recreation swimming program which
discourages people with development
disabilities from participating.
Technological Information on a municipal web site
which cannot be accessed by a person
who is blind who has reading software
for a computer.
Policy/Practice A practice of announcing important
messages over an intercom that people
with hearing impairments cannot hear
clearly.
Clarington Accessibility Plan - 2007
Questions related to this Plan should be directed to:
Patti L. Barrie, CMO
Municipal Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L 1 C 3A6
Telephone: (905) 623-3379
E-Mail: pbarrie@c1arington.net
Page 9
Clarington Accessibility Plan - 2007
Page 8
. Meet with staff members from all municipal
departments in order to develop departmental audits
which will identify any barriers to persons with
disabilities
. Investigate the possibility of partnering with the local
BIAs in the planning of their special events to assist in
the elimination of barriers
. Review recreation programs to ensure that persons
with disabilities are able to participate
. Commence a public education awareness program
related to accessible parking
. Continue to provide information regarding accessibility
issues to the residents and visitors of the Municipality of
Clarington.
Communication of the Plan
This plan will be available on the Municipality's web site and
at the Municipal Administrative Centre. Every attempt will be
made to have it available to those with disabilities, including
the provision of a Braille copy upon request.
Clarington Accessibility Plan - 2007
Page 7
plans at great length. The suggestions put forth by the
Committee were received with great interest and many
of them have been incorporated into the design of the
new facility. In fact, the Committee has passed a
resolution to use funds remaining from previous years'
Rick Hansen Wheels in Motion events to purchase the
push button hardware for the washroom doors.
FUTURE ACTIVITIES
The Committee is very anxious to continue with its workplan
in improving accessibility issues for the residents and visitors
of the Municipality of Clarington. Plans for the upcoming
year include:
· Review of public building analysis with the view to
identify, remove and prevent barriers to persons with
disabilities
· Continue to review site plans and to take an active role
in the design and concept of municipal buildings. The
Committee looks forward to reviewing the design of the
Newcastle and District Recreation Complex
Clarington Accessibility Plan - 2007
Page 6
with the goal of ensuring that all gas stations provide at
least one full-service pump at the same price as the
self-service pump.
. Sidewalk Construction
Much discussion has taken place over the construction
of sidewalks and the equipment used when placing
contraction joints during construction. The committee
was able to source out groovers that should alleviate
the problem of ridges left when contraction joints are
placed in the sidewalks. Through a resolution to
Municipal Council, this information has been forwarded
to the Engineering Services Department for their
information and implementation, if appropriate.
. Site Plan Review
The Committee has continued its review of site plans
submitted to the Planning Services Department. In
particular, much emphasis has been placed on the
Newcastle Branch Public Library, with the architect
attending a committee meeting and discussing the
Clarington Accessibility Plan - 2007
Page 5
· Sensitivity Trainina
Part of the 2006 work plan was to provide sensitivity
training sessions. These sessions were offered for all
full-time staff members of the municipality, through the
Durham Region Employment Network. Through a
series of interactive exercises and guest speakers, the
staff were exposed to various disabilities, ie, vision,
hearing, cognitive and mobility. The sessions proved to
be very valuable in highlighting the difficulties that
persons with disabilities have in dealing with day to day
life.
· Self-Serve Gas Stations
The Committee is very interested in making all aspects
of life accessible for all. One difficulty that has been
encountered is the transformation of full-serve gas
stations to self-serve stations. To address this matter,
a resolution was passed by the Committee, and
subsequently endorsed by Municipal Council, calling on
the Prime Minister and the Premier to review this matter
Clarington Accessibility Plan - 2007
Page 4
. Rick Hansen Wheels in Motion Event
On June 11, 2006, the Rick Hansen Wheels in Motion
Event was held at the Valleys 2000 Trail. A barbeque
and entertainment were provided. Although attendance
was not as great as hoped for, a good time was had by
those who did participate.
. Community Proiects
With funds made available from previous Rick Hansen
Wheels in Motion Events, two accessible picnic tables
were purchased and placed in Courtice Memorial Park
and Soper Creek Park in Bowmanville. A ceremony
was held dedicating the tables to the memory of
Evylin Stroud, a very active former member of the
Accessibility Advisory Committee.
Also using the funds from the Rick Hansen Events, one
family was assisted in the conversion of their van for
wheelchair accessibility and one family was assisted
with the purchase of a wheelchair.
Clarington Accessibility Plan - 2007
Page 3
2006 Activities
During the past year, the Committee focused the majority of
its efforts on providing a forum for issues and concerns to be
raised and in providing accessibility information to the
residents of the Municipality.
· Bowmanville Home Show
The Committee took part in the Bowmanville Home
Show April 21 to 23, 2006. A display booth was
arranged with the Accessibility Banner, display screens
and numerous pamphlets highlighting programs and
renovation tips. The information was well received by
the public.
· MID>lefest Event
On May 6, 2006, the Committee participated in
Maplefest, a BIA-sponsored event in downtown
Bowmanville. Once again, the information provided
was well received and the event was very well
attended.
Clarington Accessibility Plan - 2007
Page 2
prevention of barriers faced by persons with disabilities. A
definition of disability barriers is attached hereto as
Appendix "A".
The membership of the Committee is in place for the term of
Council (until November 30, 2010) or until their successors
are appointed. The members of the current committee are:
David Kelly, Chair
Sally Barrie
Keith Brettell
Norman Hannan
Tim Hick
Darlene Matthews
Councillor Ron Hooper
Meetings are held the first Wednesday evening of each
month in the Municipal Administrative Centre and are open
to the public.
Introduction
The Accessibility for Ontarians with Disabilities Act, 2005
received Royal assent on June 13, 2005. The requirements
of the Ontarians with Disabilities Act, 2001 are to be
followed, however, until such time as the regulations for the
new Act have been published.
Clarington's 2007 Accessibility Plan provides an update of
past activities and initiatives identified for 2007, in
accordance with the Ontarians with Disabilities Act, 2001.
The Accessibilitv Advisory Committee
In accordance with the Act, an Accessibility Advisory
Committee was established in 2002 to advise and assist the
Municipality in developing and facilitating strategies toward a
barrier-free Clarington for citizens with disabilities. This aim
shall be achieved through the review of Municipal policies,
programs and services and the identification, removal and
Schedule A to Report CLD-026-07
2007 ACCESSIBILITY PLAN
IN ACCORDANCE WITH THE
ONTARIANS WITH DISABILITIES ACT
June 2007
REPORT NO.: CLD-026-07
PAGE 2 OF 2
BACKGROUND AND COMMENT
In accordance with the Ontarians With Disabilities Act, each year the Council of every
municipality shall prepare an accessibility plan addressing the identification, removal and
prevention of barriers to persons with disabilities in the municipality's by-laws and in its policies,
programs, practices and services. Accordingly, the proposed Accessibility Plan for 2007is
attached hereto as Schedule A. It is recommended that Council adopt the plan as the
Municipality of Clarington's 2007Accessibility Plan. Once adopted, the plan will be made
available to the public on the Municipality's website, through the Clarington Public Library and
through the Municipal Clerk's Department. If requested, a Braille copy of the Plan will be
provided.
David Kelly, Chair of the Accessibility Advisory Committee will be in attendance at the Council
meeting to summarize the Plan for Council's information.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT 112
q!J!#]gron
REPORT
CLERK'S DEPARTMENT
Meeting: COUNCIL
Date: June 25, 2007
Report #: CLD-026-07
File #:
By-law #:
Subject:
2007 ACCESSIBILITY PLAN IN ACCORDANCE WITH THE ONTARIANS
WITH DISABILITIES ACT
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report C LD-026-07 be received;
2. THAT the 2007 Accessibility Plan attached as Schedule A to Report CLD-026-07be
adopted in accordance with the Ontarians With Disabilities Act; and
3. THAT the Accessibility Advisory Committee be thanked for their ongoing commitment
and work.
Submitted by:
o~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
Report #1
38. DELEGATION - RICK HOWE
15
June 25, 2007
THAT the delegation of Rick Howe be received; and
THAT Rick Howe and the Orono Amateur Athletic Association be thanked for their
participation and cooperation.
39. 2008 BUDGET - MUNICIPALITY OF CLARINGTON
WHEREAS the 2007 property tax increase in Clarington was one of the highest
increases in Durham Region; and
WHEREAS the 8% plus municipal property taxes for residential owners in 2007
was totally unacceptable to the taxpayers of Clarington:
NOW THEREFORE BE IT RESOLVED THAT staff be directed to bring forward the
following:
1. A one-half day education session pertaining to the 2008 municipal
budget be held prior to December 3, 2007;
2. A 2008 draft budget for the General Purpose and Administration
Committee meeting of December 3, 2007;
3. A 2008 final budget for the January 28, 2008 Council meeting; and
40. 2008 BUDGET RATE - MUNICIPALITY OF CLARINGTON
THAT item #4 of the foregoing Resolution #GPA-466-07, which reads as follows
"The final 2008 final budget residential tax increase not to exceed 2% plus
assessment growth" be tabled to the September 4, 2007 meeting.
41. CONFIDENTIAL LEGAL MATTER
THAT the recommendations contained in Confidential Report COD-028-07 be
approved.
Report #1
14
June 25, 2007
36. LOBBYIST REGISTRATION SYSTEM
THAT Report CAO-011-07 be received;
THAT the presentation "An Overview of the Lobbyist Registry System" by the CAO
be received;
THAT Council not proceed with the introduction of a Lobbyist Registry System at
this time until such time Members of Council have the opportunity to examine all
the pros and cons of implementing such a system and until such time the
Municipality acquires best practices knowledge and experience from similar size
municipalities; and
THAT the Chief Administrative Officer be directed to bring forth the necessary
amendments to the existing Code of Ethics to ensure all Members of Council and
staff are governed by clear and enforceable policies.
37. PAPER FIBRE BIO-SOLlDS WASTE
WHEREAS Paper Fibre Bio-solids are being spread on agricultural lands and used
as berms as an unregulated waste through their incorporation into "products" such
as Sound-Sorb and Nitro-Sorb;
WHEREAS the Municipality of Clarington along, with other municipalities and
environmental groups, have endorsed the recommendations of the Experts Panel
on Sound-Sorb and informed the Minister of the Environment of that support;
WHEREAS the Experts Panel on Sound-Sorb confirmed that precautionary
measures such as the monitoring of groundwater, composting of the material and
control by Certificates of Approval (C of A) or similar legal agreements should be
taken to ensure human and environmental health;
WHEREAS the Minister has had some 24 months to consider the
recommendations, as found on page 32, of the Experts report on the Ministry of
Environment website at http://www.ene.Qov.on.ca/envision/techdocs/5011e.pdf;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington is
requesting the Minister of Environment to take action on the Experts Panel
recommendations by providing both an update as to what the Ministry is
contemplating, the alternatives they are exploring and a timeline for when these
actions will be taken; and
THAT the members ofthe Association of Municipalities of Ontario, Conservation
Authorities, Association of Public Health Agencies, MPP John O'Toole, the Region
of Durham, and the Durham Health Department be circulated with this resolution.
Report #1
13
June 25, 2007
33. 2007 I 2008 INSURANCE PROGRAM
THAT Report FND-013-07 be received; and
THAT the general insurance placement, in conjunction with the other member
municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan
Company for an integrated pooling arrangement that includes integrated insurance
coverages and common self retention deductible levels for the period July 1, 2007
to June 30, 2008 at an approximate cost to Clarington of $644,900 be approved.
34. DEVELOPMENT CHARGES BY-LAW AMENDMENT:
MAJOR OFFICE BUILDINGS IN ENERGY AND SCIENCE PARKS
THAT Report FND-014-07 be received;
THAT based on a review of S10(2) of the Development Charges Act, there is no
need to alter or amend the Development Charges Background Study, May 2005,
prepared by Hemson Consulting Ltd.;
THAT the exemption provided for in the amendment to the By-Law is proposed to
be effective on September 10, 2007; and
THAT a public meeting be held on September 4, 2007 in accordance with Section
19 of the Development Charges Act.
35. STRATEGIC BUSINESS PLAN
THAT Report CAO-010-07 be received;
THAT the 2007-2010 Strategic Business Plan be adopted;
THAT the list of actions associated with each of the Business Objective be
endorsed in principle;
THAT staff proceed to implement the list of actions and to provide a status report
to Council semi-annually; and
THAT the Strategic Business Plan be posted on the municipal web site for the
information of the general public.
Report #1
12
June 25, 2007
30. CL2007 .21, ELGIN STREET RECONSTRUCTION
THAT Report COD-039-07 be received;
THAT Hard-Co Construction Ltd, Whitby, Ontario with a total bid in the amount of
$1,616,400.00 (Plus GST), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2007 -21 be awarded the contract for the
Elgin Street Reconstruction as required by the Engineering Department;
THAT funds required in the amount of $762,000.00 (which includes $1,616,400.00
tendering, consulting and contingencies and less the Region of Durham portion) be
drawn from Engineering 2007 Capital Accounts # 110-32-330-83291-7401;
THAT the tender award be subject to the approval of the Regional Municipality of
Durham for their portion of the work; and
THAT the By-law marked Schedule "A" attached to Report COD-039-07
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
31. TENDER NO. T329-2006 CO-OPERATIVE TENDER FOR STATIONERY
SUPPLIES AND PRINTER TONER CARTRIDGES
THAT Report COD-040-07 be received;
THAT Corporate Express Canada Inc., Mississauga, Ontario with a total bid in an
approximate amount of $84,000.00 per year (plus GST and PST) for the
Municipality of Clarington, being the lowest responsible bidder meeting all terms,
conditions, and specifications for Parts A and B of Co-op Tender T329-2006, be
awarded the contract to supply stationery and printer toner products for a three
year term to expire June 30,2010, as required by the Municipality of Clarington;
THAT staff be authorized to extend the contract for up to an additional two years
pending satisfactory pricing, service and agreement by the Durham Purchasing
Co-operative; and
THAT the funds be provided from the departmental operating accounts during the
term of the agreement.
32. ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE
FUNDS FOR THE YEAR ENDED DECEMBER 31, 2006
THAT Report FND-012-07 be received; and
THAT a copy of this Report FND-012-07 be sent to the Ministry of Municipal Affairs
and Housing.
Report #1
11
June 25, 2007
28. CL2007-22, CHURCH STREET TO ST. GEORGE STREET RECONSTRUCTION
THAT Report COD-037-07 be received;
THAT F.D.M. Contracting Company Limited, Thornhill, Ontario with a total bid in
the amount of $562,974.00 (Plus GST), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2007 -22, be awarded
the contract for the Church Street to St. George Street Reconstruction as required
by the Engineering Department;
THAT funds required in the amount of $732,000.00 (which includes $562,974.00
tendering, consulting and contingencies and less the Region of Durham portion) be
drawn from Engineering 2007 Capital Accounts # 110-32-330-83211-7401 Church
Street in the amount of $408,000.00 and 110-32-330-83289-7401 St. George
Street in the amount of $324,000.00;
THAT the tender award be subject to the approval of the Regional Municipality of
Durham for their portion of the work; and
THAT the By-law marked Schedule "A" attached to Report COD-037 -07
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
29. CL2007-26, CONCESSION ROAD 3 BRIDGE REHABILITATION AT POLLARD
ROAD
THAT Report COD-038-07 be received;
THAT Baltimore Development & Services Limited, Cobourg, Ontario with a total
bid in the amount of $89,530.00 (Plus GST), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2007-26 be awarded
the contract for Concession Road 3 Bridge Rehabilitation at Pollard Road as
required by the Engineering Department;
THAT funds required in the amount of $126,000.00 (which includes $89,530.00
tendering, consulting and contingencies from the 2007 Budget) be drawn from
Engineering 2007 Capital Account # 110-32-329-83319-7401; and
THAT the By-law marked Schedule "A" attached to Report COD-038-07
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
Report #1
10
June 25, 2007
26. REQUEST FOR PROPOSAL RFP2007-1, JANITORIAL AND SANITARY PAPER
SUPPLIES
THAT Report COD-035-07 be received;
THAT the proposal received from Swish Maintenance Limited, Peterborough,
Ontario being the lowest and most responsive bidder meeting all terms, conditions
and specifications of Request for Proposal RFP2007-1 be awarded the contract for
the provision of the Janitorial and Sanitary Paper supplies for a three year term.
This contract has an estimated value of approximately $270,000.00, (excluding
GST);
THAT staff be authorized to extend the contract for up to an additional two years
pending satisfactory pricing, service and agreement by the Durham Purchasing
Co-operative; and
THAT the funds required be drawn from the respective operating departments.
27. TENDER CL2007-28, PLUMBING SERVICES
THAT Report COD-036-07 be received;
THAT Brent's Plumbing & Heating Limited, Courtice, Ontario, with bid prices of
$55.00 per hour for Journeyman Plumber and $30.00 per hour for Journeyman
Plumber's Apprentice be awarded the contract to provide Plumbing Services, as
required by the Municipality of Clarington;
THAT pending satisfactory pricing and service the contract be extended for a
second and third year; and
THAT the funds expended be drawn from the various Current Budget Accounts.
Report #1
9
June 25, 2007
24. CL2007-18, SIDEWALK CONSTRUCTION, EAST SIDE OF WEST TOWNLlNE
ROAD, COURTICE
THAT Report COD-033-07 be received;
THAT Lafarge Paving and Construction Ltd, Oshawa, Ontario with a total bid in the
amount of $159,081.64 (Plus G.S.T.), being the lowest responsible bidder meeting
all terms, conditions, and specifications of Tender CL2007-18, be awarded the
contract for the Sidewalk Construction, East Side of West Townline Road, Courtice
as required by the Engineering Department;
THAT the total funds required in the amount of $200,000.00 ($159,081.64 tender,
plus contract administration, contingencies and hydro relocation) be drawn from
Engineering 2007 Capital Account #110-32-331-83321-7401; and
THAT the By-law marked Schedule "A" attached to Report COD-033-07
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
25. CL2007-19, ASPHALT RESURFACING CONTRACT 1
THAT Report COD-034-07 be received;
THAT Miller Paving Limited, Whitby, Ontario with a total bid in the amount of
$814,385.62 (Plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2007-19, be awarded the contract for
the Asphalt Resurfacing Contract #1 as required by the Engineering Department;
THAT the total funds required in the amount of $1,008,000.00 ($814,385.62
tender, consulting and contingencies) be drawn from Engineering 2007 Capital
Account #110-32-330-83212-7401;
THAT the remaining funds in the amount of $617,000.00 be transferred to the
Asphalt Resurfacing Contract 2; and
THAT the By-law marked Schedule "A" attached to Report COD-034-07
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
Report #1
8
June 25, 2007
22. CL2007-6, TWO (2) TANDEM AXLE TRUCKS WITH PLOW EQUIPMENT
THAT Report COD-031-07 be received;
THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in
the amount of $341 ,663.40 (plus GST), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2007-6, be awarded
the contract to supply Two (2) Tandem Axle Truck with Plow Equipment, as
required by the Municipality of Clarington, Operations Department; and
THAT the funds required in the amount of $341,663.40.12 (plus GST) be drawn
from the Operations 2007 Capital Budget Account #110-36-388-83642-7401.
23. CL2007-17, COLWILL BRIDGE WATER COURSE REALIGNMENT,
BOWMANVILLE CREEK EAST BRANCH
THAT Report COD-032-07 be received;
THAT 560789 Ontario Limited, c/o R & M Construction, Acton, Ontario with a total
revised bid in the amount of $164,436.00 (Plus G.S.T.), being the lowest
responsible bidder meeting all terms, conditions, and specifications of Tender
CL2007-17, Colwill Bridge Watercourse Realignment, Bowmanville Creek East
Branch as required by the Engineering Department;
THAT funds required in the amount of $245,000.00 (which includes $164,436.00
Tendering, Consulting and Contingencies) be drawn from Engineering 2007
Capital Account #110-32-342-83315-7401; and
THAT the By-law marked Schedule "A" attached to Report COD-032-07
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
Report #1
7
June 25, 2007
19. LIONS CLUB OFFER TO LEASE, CLARINGTON BEECH CENTRE
THAT Report COD-026-07 be received;
THAT the offer from the Lions Club for the lease of space in the Clarington Beech
Centre in the amount of $948.46 / month for the term of September 1, 2007 to
June 30, 2008 be approved; and
THAT the By-law marked Schedule "An attached to Report COD-026-07
authorizing the Mayor and the Clerk to execute the lease agreement with the Lions
Club be forwarded to Council for approval.
20. TENDER CL2007-24, ELECTRICAL SERVICES
THAT Report COD-029-07 be received;
THAT George Moore Electric, Bowmanville, Ontario, with bid prices of $35.00 per
hour for Journeyman Electrician and $17.50 per hour for Journeyman Electrician's
Helper be awarded the contract to provide Electrical Services, as required by the
Municipality of Clarington; and
THAT the funds expended be drawn from the various Current Budget Accounts.
21. CL2007-7, ONE (1) 43,000 GVW SINGLE AXLE CAB & CHASSIS CIW DUMP
BODY AND PLOW EQUIPMENT
THAT Report COD-030-07 be received;
THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in
the amount of $165,903.12 (plus GST), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2007-7, be awarded
the contract to supply One (1) 43,000 GVW Single Axle Cab & Chassis complete
with Dump Body and Plow Equipment, as required by the Municipality of
Clarington, Operations Department; and
THAT the funds required in the amount of $165,903.12 (plus GST) be drawn from
the Operations 2007 Capital Budget Account #110-36-388-83643-7401.
Report #1
6
June 25, 2007
15. HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENT,
RUDELL ROAD, NEWCASTLE
THAT Report CSD-009-07 be received; and
THAT the Mayor and Municipal Clerk be authorized to execute the easement
agreement between the Municipality and Hydro One Networks Inc. contained as
Attachment #1 to Report CSD-009-07.
16. ORONO ARENA AND COMMUNITY CENTRE REVIEW
THAT Report CSD-010-07 be received;
THAT the By-law to establish the Orono Arena and Community Centre be referred
to the Clerk for review and to initiate the nomination process to appoint the
prescribed members to the Board in accordance with the Municipal Act 2001 ;
THAT a third party agreement between the Orono Arena and Community Centre
Board and the Orono Amateur Athletic Association be referred to the Operations
Department for coordination and report back to Council;
THAT the Clerk's Department undertake a review of all existing by-laws
establishing Boards under the former Community Recreation Centres Act with a
view to establishing these Boards under the Municipal Act 2001 ;
THAT a copy of Report CSD-010-07 be forwarded to the Orono Amateur Athletic
Association and the Orono Arena and Community Centre Board and advised of
action taken; and
THAT all interested parties be advised of Council's decision.
17. WORLD RECORD WALK - OCTOBER 3, 2007
THAT Report CSD-011-07 be received; and
THAT the Municipality of Clarington participate in the World Record Walk on
Wednesday, October 3, 2007.
18. ANIMAL ADIVISORY COMMITTEE - REVISED TERMS OF REFERENCE
THAT Report CLD-025-07 be received; and
THAT the revised Terms of Reference for the Animal Advisory Committee be
approved by Council.
Report #1
5
June 25, 2007
THAT the payment of an additional amount of $10,750.00 to Mr. Cauchon and Ms.
Agbaru for 5% of the market value of the land as compensation for the taking of
the land which was their residence on the day of taking of the land be approved;
and
THAT the Director of Planning Services be authorized to advise Mr. Cauchon and
Ms. Agbaru that the Municipality of Clarington requires possession of the
expropriated land on October 1 , 2007.
12. DECOE COURT SUBDIVISION, COURTICE
PLAN 40M-2104
COMPLETION OF ALL OUTSTANDING WORKS
THAT Report EGD-044-07 be received;
THAT the developer's Letter of Credit be drawn in the full amount;
THAT the Director of Engineering Services be authorized to expend said monies
pursuant to all obligations incurred or to be incurred by the Corporation of the
Municipality of Clarington in accordance with the Subdivision Agreement between
1413345 Ontario Inc. and the Corporation of the Municipality of Clarington; and
THAT 1413345 Ontario Inc. and their surety (Scotiabank) be advised of Council's
decision and be provided with a copy of Report EGD-044-07.
13. RESPONSIBILITY AGREEMENT, REGIONAL MUNICIPALITY OF DURHAM
AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
THAT Report EGD-046-07 be received;
THAT the Region of Durham Resolution be received;
THAT the Mayor and Clerk execute a responsibility agreement with the Region of
Durham for the ownership and maintenance of the private sanitary sewage
forcemain servicing the Newcastle & District Recreation Complex; and
THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the
Municipality, to execute the said agreement.
14. SCHEDULE OF RATES AND FEES 2007/08 - 2008/09
THAT Report CSD-008-07 be received; and
THAT Council approve the Rates and Fees Schedule (Attached to Report
CSD-08-07) for the two (2) year period, September 1, 2007 to August 31,2009.
Report #1
4
June 25, 2007
9. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JUNE 7, 2007
THAT Report PSD-084-07 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made
on June 7, 2007 for Applications A2007 -0010, and A2007 -0024 to A2007 -0026
inclusive and that Staff be authorized to appear before the Ontario Municipal
Board to defend the decisions of the Committee of Adjustment.
10. APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: HALLOWAY HOLDINGS LIMITED
THAT Report PSD-085-07 be received;
THAT the application submitted by Halloway Holdings Limited to remove the
Holding (H) symbol be approved for Parts 6, 7, 8, and 18 on Reference Plan 40R-
24257 and a portion of Parts 5, 9, 13, 14, and 23 on Reference Plan 40R-24257;
THAT the by-law to remove the Holding (H) symbol attached to Report
PSD-085-07 be passed and a copy forwarded to the Regional Municipality of
Durham; and
THAT all interested parties listed in Report PSD-085-07 and any delegations be
advised of Council's decision.
11. OFFER OF COMPENSATION AND NOTICE REQUIRING POSSESSION TO
TOM CAUCHON AND CHIGI AGBARU RESPECTING THE EXPROPRIATION
OF LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK; PART 1
ON PLAN OF EXPROPRIATION DR593102
THAT Report PSD-086-07 be received;
THAT an offer of a total of $215,000.00 as the market value of the lands identified
as Part 1 on Plan of Expropriation DR593102 50 East Beach Road, Bowmanville,
which have been expropriated, be approved;
THAT the Director of Planning Services be authorized to send a letter offering Tom
Cauchon and Chigweyaru Agbaru immediate payment of the difference between
$215,000.00 being the market value of the Owners' land and the amount owed to
Scotia Mortgage Corporation, the mortgagee of the land and to deliver a copy of
Appraisal Group Inc.'s appraisal as of April 4th, 2007 to them;
THAT payment of the amount required by the mortgage to Scotia Realty
Corporation to that corporation from the market value of the land of $215,000.00 to
discharge the mortgage to Scotia Mortgage Corporation registered as Instrument
No. L T1010279 be approved and the Director of Planning Services be authorized
to make the payment on behalf of the Municipality;
Report #1
3
June 25,2007
7. .PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A MIXED USE
DEVELOPMENT
APPLICANT: PRESTONV ALE HEIGHTS LIMITED
THAT Report PSD-082-07 be received;
THAT the rezoning application submitted by Prestonvale Heights Limited be
approved and that the Zoning By-law Amendment attached to Report PSD-082-07
be passed by Council;
THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such
time as all the conditions related to the development of these lands have been
fulfilled;
THAT a copy of Report PSD-082-07, and the amending By-law attached to Report
PSD-082-07 be forwarded to the Durham Regional Planning Department and the
Municipal Property Assessment Corporation; and
THAT the Region of Durham, the applicant, all interested parties listed in Report
PSD-082-07 and any delegations be advised of Council's decision and forwarded
a Notice of Adoption.
8. APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 289143 ONTARIO LIMITED - WESTV ALE
18T -95023 (PHASE 3)
THAT Report PSD-083-07 b~ received;
THAT the application submitted by 289143 Ontario Limited to remove the Holding
(H) symbol for Lots 1 to 77, Blocks 78 to 94, all inclusive as shown on the draft
40M-Plan for Phase Three (3) of Draft Approved Plan of Subdivision 18T-95023
be approved and that the By-law attached to Report PSD-083-07 to remove the
Holding (H) symbol be passed and a copy forwarded to the Regional Municipality
of Durham Planning Department; and
THAT all interested parties listed in Report PSD-083-07, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
Report #1
2
June 25, 2007
4. CONSTRUCTION TRAFFIC, PORT OF NEWCASTLE
THAT the Director of Engineering Services investigate and report on the
opportunity to implement a temporary by-I~w to regulate construction vehicle traffic
in the Port of Newcastle area.
5. REZONING TO REDEFINE THE FRONT YARD OF SIX (6) TOWNHOUSE
UNITS
APPLICANT: PRESTONV ALE HEIGHTS LIMITED
THAT Report PSD-080-07 be received;
THAT the rezoning application submitted by Prestonvale Heights Limited be
referred back to staff to complete the review and address any concerns raised at
the public meeting; and
THAT the Region of Durham, the applicant, all interested parties listed in Report
PSD-080-07 and any delegations be advised of Council's decision.
6. ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER ZONE
TO AN AGRICULTURAL ZONE
APPLICANT: JAMES TOSSWILL AND EMILY WILSON
THAT Report PSD-081-07 be received;
THAT the rezoning application submitted by James Tosswill and Emily Wilson be
approved;
THAT the amending By-law attached to Report PSD-081-07 be forwarded to
Council for approval;
THAT a copy of Report PSD-081-07 and the attached amending By-law to
PSD-081-07 be forwarded to the Durham Region Planning Department; and
THAT all interested parties listed in Report PSD-081-07 and any delegation be
advised of Council's decision.
CllJI!lJ.gtDll
REPORT #1
REPORT TO COUNCIL MEETING OF JUNE 25, 2007
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF FRIDAY, JUNE 18,2007
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD-042-07 Monthly Report on Building Permit Activity for May, 2007
(b) OPD-006-07 2007 Winter Budget Report
(c) ESD-010-07 Monthly Response Report - May 2007
(d) COD-027-07 Update - Newcastle Library Capital Project
2. FORWITH RECOMMENDATIONS
(a) EGD-045-07 2007 Capital Budget Modification - Transfer of Funds
(b) OPD-009-07 Two Way Radio Repeater
(c) Orono 175th Anniversary - Fire Works Dispaly
3. HARBOURFRONT CENTRE
APPLICANT: PORT OF NEWCASTLE HARBOURVIEW LTD. DEVELOPMENT
THAT Report PSD-079-07 be received;
THAT the application for Official Plan Amendment (COPA 2007-0006) submitted
by Mr. Kelvin Whalen on behalf of Port of Newcastle Harbourview Limited to
increase the Floor Space Index (FSI) from 0.75 to 1.7 to facilitate the proposed
Harbourfront Centre development which consists of four (4), 4-storeyapartment
buildings with 236 units and a five storey hotel building be referred back to staff;
and
THAT all interested parties listed in Report PSD-079-07 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
12 - Orono Wee'rJy Times
. .
:TOTAL HOCKEY
~,;:E"'-"...~U~~
t.,.rtlke'rnostCanadian kids,.1 lived
~~',and" breathed "hockey during the
~,';lNintel1lofmy..,childhood.' I didn't
;;.plaY\(Elry ,well.butl.played every
.' .. .... .. .'. . chance 'I . got." Little different than
therest;;()f,us....th~t'show...Prime 'Minister Stephen Harper
smilingIYt>egari;lnadd~sSingguests during his visit to the
Municip8lity..'()f~larlllgton'on,the occasion of the launch of
,TOTALHOCKEY.c:, ,
"This area'has been producing outstanding hockey players
for generatiolls," the Prime Minister continued, "You've done
yourself andCanadaproud,~ '
It was a wonderful introduction to TOTAL HOCKEY - a day
full of events that will long be remembered by those in
attendance.
Mascots, pumpkin carving, games, autographs from Bob
Baun, Johnny Bower, Red Kelly, Senator Frank Mahovlich
and Mike Palmateer. NHL trophies plus both the Memorial
Cup and the Allan Cup. Recreational skating. A game
between the legendary Bowmanville Eagles Alumni and the
legends of the NHL Alumni.
And then, there were the guests who made up the official
party. I was very proud to be joined by Prime Minister
Stephen Harper, his 1D-year-old son Ben, The Honourable
Bev Oda,MPP John O'Toole, council merribers, master of
ceremonies Leslie Roberts fro!}1.-G Hour'
and our national anthem perform~.Mich!l.~Burgess.
--
It was quite ~'--
...........,,~.
Ami all the hoopla, the doors to TOTAL HOCKEY were
nedto the public for the first time, and the results are in
- outstanding comments of not only approval but delight.
Thank you to the residents of the tv1unicipality of Clarington
and the Durham Region for welcoming TOTAL HOCKEY so :
warmly and so u,nanimously at its extraordinary launch on
Sunday. Octo,bar 29.
, , OPERATIONS DEPARTMENT
PUBLIC" NOTICE'~.
.:: ....:,.,; "',' " . ~:,',_,,>:'~t; \" ,~~ " _, , " , ;/~:~X} ;_;-:;~':~~-';'~':':, ,;':'~~:,'~' ,,:l:::
".:,i,lftEGUi,ATJONS,'FOR:THE '..
.'..200~l;WINTERSEASON
NOVEMBER6, 2006TQ.MARCH 30, 2007
~. " .:,.; "..<rt::
'i!'":~;J::r>
. . .. "'-
Area residents are hereby advised of the" Provincial .and
lAIIr',i,..in"=lll-r~";'I,I~+i^r.r. "'...."-u""........"" ......."""" "'I'\n~ "\f'''''~' ut:_",__
fl?:'. .'"
....:. :..........-.....
- ~-
,~
'~'t\(~[rit~~
you~Sl1oul
,. . ,:' ~ >,:-t~'::,~:._:,/::< ,.:',' :.'~~:~y't-~;
. YOU..}Vgt
" -,- " .,~ .,::;',:'.-:,:: :>~_:;~~/~
Electors withln~"Al
by mail againthls'~I~
.Vote-By~MaUKit,aOd
Municipality ofClsMg
Municipal Clerk's ~offjt
,Voters' List and to reo
Electors mayretum
Claringtonby tl]efollo
1. BY MAIL/;:1f
Prepaid retumeii
By-Mail Kit.Thel
ensure that it d
deadline is NOVel
2. ,BY BALLOT :RE'
Voters whochOO
their ballots at.tfiE
Municipal Admi
businesshours,~
north entranced
': &i;1~
DONrrWISH ;roVQ'l
, ,It Jsevery eledoi$'"ji
e1eCtorsmay, ~Ii.
this ease.eleCtorS$hIiI
;&1.
. ',~".
r
;""~r{i~
.,.... . '.',. ;,...-,;.'.,
~~';.:_:~,;:.~~',-~
r SCHEDULE 4 -INVENTORY OF CAMPAIGN GOODS AND MATERIALS AT THE END Of
CAMIlAIGN
I
Description
Date Supplier Unit' Quantity Total V~lue $
Acquired Value $
).000- V~(Ot:)S l..l;>O ~~O ;2. SO. 00
<...00 '3
2.005. \t~IOJ.$ - r 8~
200> M C) L-bE.R. r 2.vtf.Oo
FviL. N 1'( u ItL -
2..0 0 -; f~fS~^ - ( Yf 't~. 'To
M ...-
i ~(, tJ >..,... A f<! S
W~ ~\JIP.
I rv~N I ruAE:..
!
r COM P.rr eIZ
I
,
I
I
I
i
I I
I
I
I I
I I ! .
I I i ~ J~
TOTAL VALUE OF INVENTOR~.OF CAM~ AIGNGOODS AND MATERIALS.. ... ..~{,. ;S~)
~ t'~ ,....;.... '-- . "., '"
fI.:- '-.....J! ~-.l.r _..~ -.......,,_.:. ,~~ '..~ t "'-.; ""."
3504P (2003/07)
Page 7 at 8
'=antinued
.: ~-;:.- ~ -~ -- -~------ ----~ -'-- ---...--
~--~---'----
HANDOUTS/CIRCULA TIONS
FOR COUNCIL
Clfllmgton
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abernethy and Members of Council
From:
Patti L. Barrie, Municipal Clerk
Date:
June 22, 2007
Subject:
COUNCIL AGENDA - JUNE 25, 2007
Please note the following amendments to Monday's meeting agenda:
Deleqations
e) Sara Taylor will also be speaking as part of the delegation
t) Rob Howe, Goodmans LLP- Amendments to Principles of Understanding between the
Municipality, Players Business Park Ltd., West Diamond Properties Inc. and 1613881
Ontario Inc., and Certain Other Agreements to Permit Servicing of Players/West
Diamond's Commercial Land - Report #4
u) John Buddo - Budget Process
v) George Van Dyk - Municipal Taxes
w) Tenzin Gyaltson - Energy From Waste
x) Wayne Ellis - Energy From Waste
Correspondence
D - 9 Richard Coglon, P. Eng., Project Manager, Compression Projects,
TransCanada Pipelines Limited, advising that the ongoing strike by the
Ontario Labourer's Union is disrupting construction on the addition of the new
natural gas compressor unit on Langmaid Road and requesting approval for
TransCanada to allow its contractor to work beyond the standard Monday to
Saturday, 7:00 a.m. to 700 p.m. working hours to permit a 10 hour shift for five
Sundays, from 7:00 a.m. to 5:00 p.m. If approved, the additional shift would
start the first Sunday after the end of the strike but that Sunday, July 1 would
not be worked.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO
PAGE 2
Reports
Attached please find Report # 5 - COD-041-07 - Tender CL2007 -27 - Green Road and
Stevens Road Reconstruction
Attached please find Report # 7 - EGD-047-07 - Heavy Traffic - Vehicle Weight Restrictions
Other Business
Appointments to the Green Community Advisory Committee
Additional Applicant
d (Received past the deadline of June 5, 2007) (Application distributed
Patti L. Barrie, Municipal Clerk
PB:cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
"'
Presentation to Clarington Council- June 25,2007
EFW - Durham/York Waste Study EA
Good evening Mayor Abernethy, members of Council and residents. My name is Kerry Meydam and I am
a long-time resident of Courtice.
There are some facts I would like this council to consider. First of all, we keep hearing there were 31
public information sessions held from 2004 through Spring 2007- plenty of time for public input. But
looking at it honestly, there were actually 11 sessions held during that time in Clarington. And several of
those were simply giving background information on what had already been decided - that EFW was
already the preferred option.
We have been told repeatedly that the decision to implement an "Energy From Waste" type facility to
deal with municipal residual waste was a decision made only after public input from sessions held in
2005 - 9 sessions during that year. Actually, of those 9 sessions, there were 4 held in Clarington. Not
only that, but the decision had already been made that EFW was the preferred option 5 years earlier.
Durham Region developed a Waste Management Steering Committee in the late 1990's, to develop a
long-term waste management plan for the Region. That long-term strategy stated that the region would:
. Not support the development of any new landfill site or landfill site operation within the Region
of Durham.
. Support the development of proven new and emerging waste disposal facilities for the disposal
of residual garbage wastes.
. Support the development of "Energy From Waste" type facilities to generate steam and/or
electricity from the disposal of residual garbage wastes.
This Long Term Waste Management Strategy Plan: 2000 to 2020 was approved by Durham Region in
December, 1999.
This was years before the public information sessions began to introduce the environmental assessment
(EA) study. We are told there were 8 Public Information Sessions in 2004, but in actuality there was ONE
in Clarington (the others were the same information sessions but held at locations outside of
Clarington). When we are chastised for not attending all these sessions, no one is saying that 8 sessions
actually was one session for Clarington, or that 31 sessions were actually 11 sessions over 2)12 years for
Clarington. Or that the decision had already been made to go with EFW prior to the beginning of the EA
process.
Our contentions that other reasonable and viable alternatives were not seriously considered really are
borne out by this information. What we have been asking for is that the "Alternatives To" be seriously
revisited and that the Zero Waste Strategy be included in those alternatives.
None of us are saying that by 2010 we can accomplish "zero waste". Zero waste is a strategy, which can
result in much reduced residual waste needing disposal, therefore lessening the need even more for an
EFW plant. It has been proven in Europe that incineration effectively eliminates further advances in
waste diversion, and encourages more waste being streamed toward the incinerator rather than
focusing on Extended Producer Responsibility, reduce, reuse and recycling efforts to maximize waste
diversion.
We all know of the risks involved, no matter how much some want to try to reduce the importance as
well as the quantity of those emissions into the air. We also know that our Provincial Standards are
some of the most lax in the world, and these are the standards our newly minted Generic Human Health
and Ecological Risk Assessment Study used in determining "risk". Add to that the fact that we don't
even know the specific site for the facility yet, nor the technology, although "mass burn" has been the
method used for the study and to date appears to be the technology of choice for the Region, and we
wonder about the value of this "generic" study.
I am here to voice once again my concern with the entire process. The consultants were hired by
Durham Region to advance the Region's vision for its 1999 long term waste management plan, not to
seriously look at all other alternatives. There was one meeting where a very few alternatives were
presented and at the next meeting the consultants gave their preferred option with reasons provided
for discarding the others. How open a process was this?
As for "no new landfills in Durham" - I don't think it's even necessary. There are landfill options outside
of Durham in the interim while we put the effort into raising our waste diversion rates to a more
acceptable level, such as 75 - 80% and higher, which will seriously reduce the need for landfill space. If
we incinerate, we still will need landfill capacity - and since Regional Council has forbidden any new
landfills in Durham, where will the residual bottom ash and fly ash go? The same place where our small
amount of residual waste would go if we were to achieve a much improved diversion rate? How about
this for an option to consider? Concentrate on increased waste diversion to achieve much higher rates
that we presently have. Look at some of the newer technologies to possibly site a small, enclosed
system, plasma or other facility if it can be proven that such a system would NOT release the dioxins,
furans and other harmful emissions into our air, for that much reduced amount of residual waste after
increased diversion efforts. The use of this small facility could be scaled back as residual waste
decreases over time through our enhanced waste diversion efforts. OR, take a serious look at using
available stabilized landfill for the reduced amount of municipal residual waste left over after our
improved diversion program. This is a sustainable solution. Keeping a larger stream of municipal waste
available to feed the incinerator and bringing in waste from outside of Durham to keep an oversized
facility running (so that we can afford to keep it running) is unsustainable and unacceptable.
Most residents have been asking for the process to slow down and for our regional politicians to allow a
real look at options. I'm sure others will speak to the shaky business case as well as the health risks in
their presentations. I am simply trying to get you to see that this process has been less than truthful and
transparent, and the residents of Clarington and Durham deserve better.
Thank you for your time.
Kerry Meydam
3828 Trulls Road
Courtice, Ontario
LlE 2L3
Ph: 905-436-2252
Email: ksam2@rogers.com
We all know of the risks involved, no matter how much some want to try to reduce the importance as
well as the quantity of those emissions into the air. We also know that our Provincial Standards are
some of the most lax in the world, and these are the standards our newly minted Generic Human Health
and Ecological Risk Assessment Study used in determining "risk", Add to that the fact that we don't
even know the specific site for the facility yet, nor the technology, although "mass burn" has been the
method used for the study and to date appears to be the technology of choice for the Region, and we
wonder about the value of this "generic" study.
I am here to voice once again my concern with the entire process. The consultants were hired by
Durham Region to advance the Region's vision for its 1999 long term waste management plan, not to
seriously look at all other alternatives. There was one meeting where a very few alternatives were
presented and at the next meeting the consultants gave their preferred option with reasons provided
for discarding the others. How open a process was this?
As for "no new landfills in Durham" -I don't think it's even necessary. There are landfill options outside
of Durham in the interim while we put the effort into raising our waste diversion rates to a more
acceptable level, such as 75 - 80% and higher, which will seriously reduce the need for landfill space. If
we incinerate, we still will need landfill capacity - and since Regional Council has forbidden any new
landfills in Durham, where will the residual bottom ash and fly ash go? The same place where our small
amount of residual waste would go if we were to achieve a much improved diversion rate? How about
this for an option to consider? Concentrate on increased waste diversion to achieve much higher rates
that we presently have. Look at some of the newer technologies to possibly site a small, enclosed
system, plasma or other facility if it can be proven that such a system would NOT release the dioxins,
furans and other harmful emissions into our air, for that much reduced amount of residual waste after
increased diversion efforts. The use of this small facility could be scaled back as residual waste
decreases over time through our enhanced waste diversion efforts. OR, take a serious look at using
available stabilized landfill for the reduced amount of municipal residual waste left over after our
improved diversion program. This is a sustainable solution. Keeping a larger stream of municipal waste
available to feed the incinerator and bringing in waste from outside of Durham to keep an oversized
facility running (so that we can afford to keep it running) is unsustainable and unacceptable.
Most residents have been asking for the process to slow down and for our regional politicians to allow a
real look at options. I'm sure others will speak to the shaky business case as well as the health risks in
their presentations. I am simply trying to get you to see that this process has been less than truthful and
transparent, and the residents of Clarington and Durham deserve better.
Thank you for your time.
Kerry Meydam
Presentation to Clarington Council - June 25, 2007
By Wendy Bracken
Good evening Councillors, Mayor, Staff and concerned citizens.
I will start by outlining some of the events that have occurred since the last meeting of
CIarington Council. About a year ago, there were three major incinerator facilities
proposed around Lake Ontario - they were at Niagara-Hamilton, Halton and of course
here in Durham and York regions. Niagara was the first to walk away from incineration
and decided instead to invest in more aggressive diversion and in doing so saved their tax
payers ~ millions of dollars and most importantly spared their air shed. Last Wednesday
marked a huge contrast between what Halton Regional Council and our Durham
Regional Council currently think about thermal treatment/incineration. Halton Regional
Council voted unanimously on that day to say to no to incineration. Their website says:
"Instead Halton will focus on working with other municipalities and the Province of
Ontario to develop and implement effective waste reduction and diversion initiatives that
will promote environmental sustainability. "
What a progressive decision out of Halton. Their Medical Officer of Health Dr. Nosaly
had raised the red warning flag regarding a.f!verse health effects and Dr. David Pengally
in doing an independent peer review of ~ 4a of their business case was critical of the
health and risk assessment in that report. That same day a completely different scene was
playing out in our Council Chambers of Durham Region. There the Generic Health and
Ecological Risk Assessment Study was presented to Durham Regional Council by Dr.
Chris Ollson who has his PhD in Environmental Science. To the credit of some of the
Regional councilors, some very good and informed questions were asked of Dr. Ollson.
For me this indicated that some of the councilors had serious concerns and had done their
research and were listening to the many delegations that have presented health and
environmental concerns. Strangely though, our three regional Clarington representatives
were silent and did not ask any probing questions of Dr.Ollson. It is very likely the
proposed facility will be in CIarington and there have been many Clarington delegations
expressing concerns. Our elected Regional Council members from Clarington should
have had a long list of good and challenging questions for Dr. Ollson that they would
have liked aired in that public and televised Council meeting. Asking good questions is
fundamental to getting at the truth. It should be noted as well that Dr. Ollson told
Regional Council that he was the author of both the Halton and the Durham risk
assessment documents and we know that Halton subsequently voted against their
incineration proposal. Later in the same meeting, our Durham Regional Council
approved a motion to allow staff to look at "oversizing" the current proposal. What will
that mean for Clarington? With so many concerns, how can we even consider going
bigger, when we know Dr. Pengally has written "emissions from an EFW facility will
increase directly in proportion to the size(capacity) of the facility"? We know we may be
taking garbage from York, and possibly Northumberland and Peterborough, does this
motion mean we will be taking even more garbage from elsewhere? We in the public,
unfortunately, are not privy to exactly what is being considered.
And I must also mention the important and concerning financial development since last
Clarington Council meeting of the pull back from York Region from being our 50/50
partner to being a partner to only 12% of the capital cost. The financial risk, already
high, was greatly increased with this announcement.
My greatest concern is health. We have heard that some Regional councillors were given
the impression that it was water vapour coming out of the stack when they voted to
pursue thermal treatment, but hopefully all now understand that there is no such magic
technology. Every thermal treatment facility produces toxic emissions which include
dioxins, furans and heavy metals as well as a host of other concerning gases and
particulate matter. Hopefully you all understand the extreme toxicity of the dioxins and
furans in particular. A 1996 report entitled "Dioxin Fallout in the Great Lakes", by a
team of scientists from CUNY (City University of New York) led by Dr. Barry
Commoner states that:
"Our daily intake of dioxin and dioxin-like chemicals creates a lifetime cancer risk in the
general U.S. population that is 500-1,000 times greater than the "acceptable" one in a
million risk. In pregnant women long-term damage to the fetus may also occur close to
this level of exposure, leading to birth defects, disrupted sexual development, and
damage to nervous and immune systems. By any reasonable standard, this means that we
must eliminate exposure to dioxin. "
The call was to eliminate, not just to reduce. Dioxins and furans are slated for virtual
elimination under the Canadian Environmental Protection Act(CEPA), the federal Toxic
Substances Management Policy(TSMP) and the Canadian Council of Ministers of the
Environment (CCME) Policy for the Management of Toxic Substances. Virtual
elimination is also the goal of the treaty Canada signed on to in Stockholm. Virtual
elimination of dioxins and furans is obviously not consistent with Durham Region's plan
to build a thermal treatment facility which, ifbuiIt, will be emitting dioxins and furans 24
hours a day, 7 days a week for its 25-35 year operational life.
In last week's presentation of the Generic Health and Ecological Risk Assessment study,
the method of the assessment appeared to evaluate the risk for various persons living at
the maximum point of exposure, eating homegrown meat and produce and living there
for the 35 year period. While this study looks at the impacts of this single facility, does
it take into account our present body burden - the fact that all of us already have dioxin in
our bodies from other sources? Is that factored into the cancer and other risk
assessments? Does it take into account the fact that we will be taking in dioxin from
other sources than the proposed facility? Again, I refer to the paper "Dioxin Fallout in
the Great Lakes". This type of assessment where only the risk to the most exposed
individual is estimated is commented on. It states:
"We now know that these kinds of assessments greatly underestimate the actual cancer
risk from incinerator dioxin emissions. The country's incinerators affect not only the
nearby people, but, much more powerfully, through their food supply, the entire
population. The incinerators' health impact is not created one by one, but collectively,
for each one contributes to the widespread dioxin fallout that, channeled through the air,
the crops, and the cattle, contaminates everyone's food supply. This is the painful lesson
that ecology teaches: the danger of dioxin is vastly greater than the incinerator risk
/"
assessments have led us to believe; it threatens the entire population with an unacceptable
risk of cancer and grave hazards to fetal development."
There are many scientists and doctors in the academic community who have completed
papers that attest to the adverse health effects of incineration. Are we going to listen to
them or are we going to listen to the consultants who have been hired to deliver this
project? Will we heed the warnings of Dr. Flynn, president of the Ontario Medical
Association, who, when the OMA released their paper, Illness Costs of Air Pollution
2005, told us that "if we do nothing to tackle air pollution in Ontario, it is going to cost
billions of dollars and thousands of lives"? Or will we put our faith in the consultants
and their risk assessment, even though the consultants did acknowledge in their
Alternatives To document, that incineration would have the greatest impact on our air
shed?
Clarington councilors, please put politics aside and do what is right for Clarington. As
our Clarington representatives your first responsibility should be to those who elected
you, not to the Region who has put this on our doorstep. You were all elected by the
residents of Clarington to protect and represent us. Do what is right for the future of the
people of our munici~Ii~, ~r yourselves, and most importantly for our children. I
implore you t{f\r'(;t'e'iiot"Lt'Q bemg a willing host. Send that back to the Region and ask
them to take a step back, revisit the Alternatives To, and thoroughly investigate all your
waste options especially the options around aggressive diversion and sustainability
practices. Do it for us here in Clarington and do it for the planet. Thank you for your
time and consideration.
Address to Clarin2:ton Council- June 25. 2007
Mr. Mayor, members of Council, Staff, and the public.
I wish to take but a moment to address 4 major issues within the broader issue of the
Durham-York EFW / EA.
1) I would like to briefly mention once again that Clarington must hold firm in the face of
the Region regarding peer review studies. Clarington's Planning Dept. have determined
that it will cost about $500K to conduct proper studies so that you, our elected officials
can determine if we should build an incinerator in Clarington to bum waste from
Durham, York, Northumberland and beyond.. At first, the Region decided they would
only give $200K towards such studies, contrary to their original commitment of
'whatever was necessary'. Last week, they raised the ante with an additional $1 OOK.
Whatever is needed to make a sound decision is what you have to insist on, and you
shouldn't need to beg from Roger Anderson for what we require. You owe the
municipality and the people of Clarington that much, and we deserve nothing less or you
will not be seen as doing due diligence.
2) Next, I would like to note once more the sheer folly of your planned European junket
next month. It's bad enough that the Region is paying a consultant $5M to sell us a bill of
goods in my opinion, but that our elected officials think it necessary to flit off to Europe
is a colossal waste of time and our tax money.
Whatever you need to know about European incinerators you can get off the internet.
Actually going over there to 'see' them is viewed by many as a frivolous squandering of
public funds.
What are you actually going to see?
You will see parking lots, landscaping and building design; but what about the important
things?
Will you be able to see microscopic carcinogens coming from the smoke stacks? No.
Will you see other toxic particulate matter and gases? No.
Will you be talking to plant operators and engineers who have a vested interest in their
facility or government mandate to discuss only the positive spin? Yes.
Will you be looking at facilities that bum a completely different waster steam than ours?
Yes.
Is this entire tour being arranged by a subsidiary of the same consultants who are
promoting the incinerator for Durham now? Yes. How biased is that!
So, why are you going?
3) Next, I would briefly like to remind everyone that York Region recently pulled back
on their financial commitment to the entire project, from 50% to 12%. This entire capital
project at an estimated $250M for construction alone, not including trucking,
infrastructure and a host of other costs that will be added on, including consultants,
European tours, and operating expenses for the next 35 years, etc., will now cost Durham
residents 88% of the total. Is this what you bargained for? Is this what you wish for the
taxpayers of Durham, and Clarington? This is outrageous and unnecessary!
4) The final item I would like to touch on is the Joint Waste Management Group report
called "Generic Human Health and Ecological Risk Assessment Study n, Let me tell you
something. Those of you who know me, will know that I have not only been reading
environmental studies, reports and assessments for over 45 years now, I have participated
in producing many them, and I must say, this is the sorriest, lamest excuse for a study that
I have ever seen, bar none.
Have any of you actually read it? The two commonest words in this report are "assume"
and "assuming".
The study and importance of human health is a science, and there is no room to
assume anything.
The study and importance of our environment is a science and there is no need for
assuming anything.
This report claims to have assessed toxic chemicals that will be emitted from the
proposed smokestack; things like dioxin, furan, mercury, lead, arsenic, formaldehyde,
etc., and the consultants claim they are at or below acceptable levels - there are no
acceptable levels for carcino2:ens!
I am embarrassed that our Regional Councillors have even considered the acceptance of
this worthless document, and ashamed to think that we, through our tax dollars actually
paid for this pitiful excuse for a report. In my opinion, this report is bogus. Those portions
of the report that might ring true, should have been presented to the public a year or more
ago, long before the Region decided on thermal treatment of our residual waste. We are
now spending more money holding public information sessions on a hypothetical
circumstance, and a hypothetical incinerator, a hypothetical location and of a hypothetical
size This is disgraceful.
Need I mention once again that building an incinerator in a feeble attempt to get rid of
residual waste will not only serve as a disincentive to 'reduce, re-use and recycle', but it
will also not eliminate the need for landfill. A full 30% of what you bum will end up as
toxic bottom ash and it will have to be land-filled. A large percentage will end up as
highly toxic fly ash. Some of this will be trapped by scrubbers and will be trucked to
Samia to a toxic waste facility, or, we will build a new facility to store it here. The rest
goes up the stack for us to breathe, to settle on our crops and be ingested by our
poultry and livestock and settle on our waterways to poison fish and wildlife and our
drinking water. It is indeed fortunate that we have a new cancer facility in Oshawa.
because I think we're going to need it!
Recently, the Medical Officer of Health for Halton Region conducted a study of the
proposed incinerator for that municipality (by the same firm we have) and turned thumbs
down on it. We have been asking the Region to instruct our Medical Officer of Health to
study the implications of an incinerator here, but they are reluctant to do so; no study and
not even a review of the Halton Study. Instead, they have asked our Director to
'comment' on the other report. How lame is that?
I cannot urge you strong enough to stop this entire process right now and revisit the
logical alternatives to incineration (by any name). and massive landfill operations.
We need to support an aggressive zero waste strategy.
And, we need to declare ourselves not a willing host community.
Jim Richards,
Submission to Clarinaton Council
Monday 2007/06/25
Submission by: Paul-Andre Larose_
EA: Implications of Decision Relative to the Residual Waste Handlina Facilitv
A digital version of this presentation will be forwarded to the Clerk.
Important points below are bolded.
I -Introduction
Members of the Clarington Council and members of the Audience, my name is Paul-Andre Larose. I reside in
Oshawa.
I have a Ph.D. in Physics and have done post-doctoral work. My academic research was performed at McMaster
University in Hamilton and at the Chalk River Nuclear Laboratories under that great physicist Dr. Bertram N.
Brockhouse; he was eventually awarded a Nobel Prize for his contributions.
Concerning the waste issue, it is important that this Council realizes the enormity of the issue, the undeniability of
the scientific evidence and the irreversibility of the decision that it is about to make, including its financial
implications.
Your vote will be instrumental in determining whether or not Clarington becomes the Incineration Capital of
Southern Ontario. An incinerator plant could only be described as an ever-lasting monument to stupidity - for all
present and future generations to see. Don't we have enough of one Wesleyville?
Why am I speaking up on this? As a scientist and resident of the Durham Region, I am concerned about what I
see going on. I am also concerned that some elected representatives just don't seem to get it.
I feel that it is imperative to raise the issue so as so prevent Claringtonians - and residents of this country in general -
from approving a mega-project that will soon reveal itself as a mega-mistake tainted in financial, health and
environmental terms.
11- Prime Factor Outlined in Previous Interventions
Over the course of various presentations to Council and Committees, as well as to the Municipalities of Oshawa and
Clarington, I, like many others, have attempted to instill some realities associated with the incineration issue. Let me
summarize some of the issues.
First and foremost. there is the public health issue. This should be clear-cut "no-brainer" and there is no denial
of the validity of the research associated with the issue.
No amount of political gymnastics will change the facts. Either we ACCEPT that a certain level of medical
trauma, illness and death relating to incineration are ACCEPTABLE RISKS, or either we do not and adopt the
PRECAUTIONARY APPROACH.
We are seriously missing the point if we look at the issue in terms of "Acceptable Risk". The term and concept
of "Acceptable Risk" mean what it says: as a society, we recognize as "Acceptable" the probability of a certain
incidence of disease in the population.
In this context, risk measures the probability of an adverse outcome, not the probability of being a carrier; we are ALL
carriers of contaminants. This affects the overall biochemistry of the human body, including its fertility rate.
The issue of an acceptable threshold should be put to rest: there is no such thing as a clear cut-off risk boundary
below which one is safe and above which, one is not.
For this reason, it is of the utmost importance to adopt the PRECAUTIONARY APPROACH. Basically, this says that
a design should be determined SAFE BEFORE IMPLEMENTATION. rather than being proven UNSAFE AFTER
IMPLEMENTATION.
Strangely enough, it should be noted that risk-analysis never takes into account phenomena such as
meteorological inversions.
My presentation to the Durham Health Committee addresses this and it can be found below as an Appendix.
III - Additional Factors Outlined in Previous Interventions
There is more to the issue that simply considering the health consequences of the waste disposal process.
For example, I have attempted in the past to indicate the need to appreciate a whole series of inter-relationships
associated with the waste disposal technology being chosen, such as:
1. Effects on agriculture [crops and animal feed];
2. Demand forecasting and facility sizing;
3. Centralized facility (i.e. single site) versus decentralized facilities (i.e. multiple sites) configuration;
4. Anticipated truck traffic [expected to be one every 2.5 minutes, exclusive of ash removal];
5. Need for 24/7 operation [e.g. some technologies cannot be turned "on and off' according to demand];
6. Possible transfer or surge stations as off-plant and in-plant "mini-dumps" (with possibility of vermin);
7. Need to minimize the haulage GTM (Gross Ton-Miles) [e.g. plant in the East, population in the West];
8. Possibility of garbage "mining" and landfill site clean-up;
9. Financial burden amounting to some 40,000 taxpayer*years;
10. Issue of "Put or Pay" and implications on garbage soliciting;
11. Total curbside to landfill operating costs and debt servicing cost;
12. Impact on waste diversion protocols;
13. Landfill requirements and toxic material handling;
14. Addressing the obscene "wastage" which amounts province-wide to 160#/week for an average family.
This is not an exhaustive list. Do you believe that the people will be willing to put with any of these?
Surely, we cannot look at the issue simply in terms of "To Incinerate" or "Not To Incinerate".
IV - Correctina Two Maior Fallacies
There are two issues that are constantly being raised and which I view as misleading.
EFW: The combustibility of true leftover, after recycling, approaches zero. The term is an oxymoron at best if we do
what waste diversion implies. It only has a meaning when there is NO such waste diversion.
Peer Reviewing: This is one that thoroughly annoys me. Peer reviewing is done in scientific journals where the
editor will ask one or more researchers to review a paper before publication. Such a process, like voting, is
completely secret; the author of a paper being reviewed never knows the identity(ties) of his reviewer(s).
Furthermore, this process does NOT entail any financial rewards or payment for service.
V - Conclusion
We are in the week leading to the Dominion Day. No doubt that many of you will repeatedly sing "We stand on
Guard for Thee". I would urge you not to say this as a meaningless platitude, but to truly reflect on your actions and
the governance of this country.
It makes absolutely no sense to say "We Stand on Guard for Thee", while at the same time favoring an
incinerator which will foul the intrinsic beauty of this country and the health of its citizens.
Consequently, I urge you to put aside myopic interests and wilful denials of the facts by wholeheartedly
rejecting incineration as a way to address the garbage issue.
Once the issue of incineration has been laid to rest, then the "Big Picture" associated with the waste, i.e. from
source to final disposal, can be examined.
Executive Summary
The issue of Waste Management that has been discussed at this Council is much larger that that of the disposing facility
itself. Clarington Council should put the issue of incineration to rest and start addressing the "Big Picture".
Appendix: Submission to Durham Health Committee
Thursday 2007/06/07
Note: Important points below are bolded.
Submission by: Paul-Andre Larose,
Health Implications of the Proposed Waste Disposal Facllitv
(... or, "it is difficult to keep the Ship of State afloat if the importance of hull integrity is not being appreciated''')
I . Introduction
Members of the Durham Health Committee and members of the Audience, my name is Paul-Andre Larose. I reside in
Oshawa, Ontario, CANADA. The Clerk should note that I will forward a digital version of this presentation.
I have a Ph.D. in Physics. As a scientist and resident of the Durham Region, I am extremely concerned by the
proposal to build an incinerator in the area.
First however, I want to stress that I do not deny that we have to do something with our waste; like death and
taxes, this is a reality that cannot be ignored. And addressing this cannot be without some consequences.
A solution must be identified on the basis of the optimization of certain variables, while not adversely impacting
certain others, known as "fixed constraints".
In particular, it is essential not to attempt to address the waste disposal issue in a way that will create new
problems elsewhere, particularly In the public health area.
II - Concerns
Why am I concerned about the implications of what is currently being contemplated?
. I am concerned because we appear to be "putting the cart before the horse", namely we evaluate and debate
potential locations without having prior examined the health implications of the proposed technology.
. I am concerned because, with Incineration, there will be unavoidable (and well-known) negative health and
environmental consequences.
. I am concerned because this goes against the sustain ability of our agriculture, our environment and our
health. Indeed, we are stewards of this world and we should always remember this Kenyan proverb:
"Take care of this Earth; your parents did not give It to you; your children lent it to you."
. I am concerned because there is now ample evidence on chemical burdening, increasing cancer rates and
decreasing human fertility rates; this is not a speculative issue,
. I am concerned because, as a resident of this country, I am ashamed of the inaction of our federal
government in the critical matter of environmental protection; I want Durham Region to take an enlightened
action, not compound the problem.
All of these are issues that should truly alarm the Health Committee.
III . Implications
"50 what's the fuss?", one may ask. This technology will introduce two formidable enemies into the biosphere:
. dioxins and furans, whose toxic concentrations are measured in pico-grammes, i.e. in billionth of a billionth of a
gram (10**-12 g) or a billionth of a microgram;
. nano-particulates, i.e. particles whose linear dimensions are of the order of the nanometre (10**-9 metre), that
can readily migrate through membranes such as lung partitions and thus find their way into the blood stream and
accumulate in organs (recall that visible light is in the 400 to 700 nm).
This is part of what we know as scientific FACTS.
For these substances, there are NO Safe Minimum Exposure levels and doses. Nano-particulates are known to
migrate through partitions such as pulmonary walls and end up within the human organs. In dealing with such
substances, we cannot adopt a "Solution by Dilution" approach.
It should be pointed out that incineration will not only have negative consequences on public health, but also on
health care costs; this will no doubt be of interest to those interested in monetary matters.
IV - Bv-products
Incineration will NOT eliminate the need for landfill. In fact, it may exacerbate it, as the landfill requirements not
fall into the hazardous by-products category.
Typically an incinerator leaves some 30% weight in terms of pit ashes and fly ashes; these must be disposed of in
a secure landfill site. For a 250kt/year incinerator, this corresponds to 75kt/year pit ashes, or about 200 tons/day
(calendar day).
With incineration, some 70% of the incinerated matter also go up the stack. For a 250kt/year incinerator, this
corresponds to 175kt/year being sent in the atmosphere, or about 480 tons/day (calendar day).
Do I need to tell you where all of this is going to end up?
This is also part of what we know as FACTS.
V - The Precautionary Principle
There are also FACTS whose long-term consequences are still speculative, i.e. we suspect them and they are
yet not clear.
The literature is replete with instances of contamination on individuals who did not come in contact (or so they
thought) with offending chemicals, i.e.
chemical burden on the human body (Federal Parliamentarians - Jan. 2006);
genetic damage and human fertility (WHO. conference speaker - Fall of 1999).
Even in the case of persons who did come in contact with a substance, compliance with the "accepted norm" is
not a guarantee that the operation is safe, as such norms reflect the knowledge of the day.
For example, there is the tragic case of New Brunswick workers exposed decades ago to toxins and who are now
suffering the consequences. Their exposure levels were, at the time, well within the "accepted norms". There are
numerous other instances with unexpected consequences or side effects, e.g. thalidomide, VIOX, radiation doses,
lead piping, etc...
The fact that the exposure was, at one time, within legal limits now provides little solace to those whose health was
irretrievably affected. In critical issues, a technology should NOT be accepted simply because it meets certain
"standards" then in force.
In such instances, would it not be eminently reasonable not to jeopardize the single planet and the single life that we
have by adopting a precautionary approach in the matter?
VI - Recommendations
For this and many other reasons, I hereby request the Durham Region Health Committee strongly defend the
health aspects associated with the selection of any waste treatment technology.
It should make it clear to Council that Public Health and Environmental Concerns are primary issues that cannot,
under any circumstances or any pretense, be compromised or sacrificed.
It cannot be overstated: aood stewardship is aood environmentalism which itself is aood economics.
Executive Summary
Any waste disposal technology that has a negative impact on Public and Environmental Health should not be
considered as suitable for waste management purposes.
~~5QtiCi\ t) Groll fJl'd"b
This is a comparison between the Solena Group's Plasma Gasification Vitrification (PGV)
Technology and a standard incineration process:
PGV plants also have the option of
generating methanol liquid fuel and
hydrogen that can be sold to generate
revenue. Also, using FT process can
..._____..___produce Biodiesel fuel~. .. . ........_ _.. __~--:c- -_ '__~_
System Modular & transportable Non-modular & non-transportable
~_______.___________'__~_____'_________M__' ___ _ _,__~_,__'_'__'~_'_,__,_'_' ____.______._.________ ___ _~ _ __ ~ ~ _~ __ __ u_ _ v n__ _~ ~__~___ ~~ - ._..,__~.__.~_~"'_
Pre-Treatment Not Needed Needed
..-._~ - ......--,_.~~-'~-_.---------- ---'. '-'.--'-'--'-'--'--~'-----~'--~-,-----'--"- ----.--. --. .--- '"--..._.~~---_.~--_.. ~ ._-_.-.,._~-~-_.--.-.--_._-------_._------.-_._- -
Can Treat Mixed Yes No
Waste . ."" _. _",_<,___",_~__,,_,_,,"""'__'''' . _.__ .______ ..._. __.......
Whol: D~~_~is!'9~~~____~~_s__.__. __._..___ _____________<<_..~<?~... ____.._._.______.__.. ....._._.~
Usable Slag Yes NQ
Ash & Non- PGV process is the final and permanent A large percentage of incoming wastes
Combustibles disposal systems and does not generate (ash & non-combustibles) into the
any ash or non-combustibles. This results incinerators will need additional
in substantial savings in transportation transportation and disposal expenses, as
and additional disposal expenses. fly ash and bottom ~~h..:._..__.___.._.. ..._
E-mission-Stanaards'-""'<-'Duetotileprocess,'PGV-d~~~-~~t'-----'----'i~:;i~;~~to~~-~~; known to be the major
generate any dioxins, furans, or other contributor to the emission of harmful
semi-VOCs or VOCs or pollutive gases into the atmosphere. For these
emissions and emissions are low in GHG reasons, the technology is being banned
emissions (same as natural gas plant). in the EU and no new plants built in
The USEP A and EU Ministry of North America for years. European
Environment support gasification incineration companies are now looking
because it produces no pollution, no ash, for markets outside of Europe.
and ~voids lan~f}lIillg ofw~t~s. ___"____~___._____
Construction Time 18 tQ 24 rI1Q.rl!h~_______. __ _________m __..3.6.1060.months.__. --- --- ~._-
""----~_.,-_.-_.~-'--~..---..__._~.----~~---- -,'--_.'. ~- -.-
Performance Guarantee Yes
DESCRIPTION
Total Construction
Cost
Operation &
.M.<l.i'!t~I1~~~
Energy Production
SOLENA PGV PLANT
Up to 40% lower than equivalent
capacity and performance incinerator
Annual O&M cost of PGV plant can be
as much as 30% lower than incinerators
Due to efficiency of PGV plants, the net
electricity production of PGV plants for
MSW could be 2 to 4 times as much as
incinerators (2MWH per ton of wastes)
INCINERATOR
._ _~_ ~ _.~'.., u____.
The total capital cost of incinerators are
normally higher. than a PQVpl~t
Annual O&M cost of incinerators is
.... higl1~~!hCl.!!fQYllICll1t.s
Net energy production of incinerator
plants is much lower than PGV plants
(half a megawatt per ton of wastes).
Incinerator technology is not able to
generate any methanol fuel or hydrogen.
Yes
Darlington B
Nuclear Power Generating Station
Presentation to the
Municipality of Clarington Council
Laurie Swami, Director, Licensing
ONTARIOPOWEiI
GENERATION
Contents
~, ~
· Federal Approvals Process
· Background
· The Darlington Site
· Project Description
· Public Consultation
· Indicative Timeline
ONTARIOPOiili1
GENERATION
Federal Approvals:
CNSC Licensing Process for New Nuclear Power Plants
· Two main federal agencies:
· Canadian Nuclear Safety
Commission (CNSC)
· Canadian Environmental
Assessment Agency
· The CNSC regulates nuclear power generation to prevent risk to the
environment, health, safety and security
· CNSC Information Guide "Licensing Process for New Nuclear Power
Plants"
. Five phases in the life cycle of a nuclear power plant, each requires a
separate licence
· A federal Environmental Assessment (EA) must be carried out before a
federal licence can be issued
· Comprehensive EA - potentially a Panel Review ONTARIOPOii1i1
· Must address all phases of plant life GENERATION
Background
· June 2006
Ontario Ministry of Energy Directive to OPG: Begin a federal approval process
for new nuclear units at an existing site, including an environmental assessment
· September 2006
Application for a Site Preparation License for up to 4 nuclear reactors at the
Darlington site submitted to the CNSC
· November 2006
CSNC - requires an Environmental Assessment, need a Project Description to
evaluate the scope of the project
· February / March 2007
OPG reviews draft Project Description with Key Stakeholders
· April 2007
OPG submits Project Description to CNSC
ONTARIOPOii1i1
GENERATION
2
Darlington Site
.
Major Attributes of the Darlington Nuclear
Site:
. Room to build
· Adjacent to a major transmission
corridor and load centre
· History of support from host and
Regional Municipalities
· Extensive operating experience at the
site
· Proven track record in protecting the
environment, worker and public safety
· Highly skilled workforce, many years of
operating experience
ONTARIOPliiiiR
GENERATION
Overview Scope of the Project
^ .
· Preparation of the Darlington Nuclear Site for up to four nuclear power reactors
and associated facilities
· Construction, operation and maintenance of nuclear reactors and associated
facilities for approximately 60 years of full power electricity operation
· Construction, operation and maintenance of appropriate nuclear waste
management facilities, and
· Preliminary planning for decommissioning and eventual abandonment of the
nuclear reactors and associated facilities
ONTARIOPOiilR
GENERATION
3
Project Phase Start Date Potential End Date
EA Phase 2007 2011
Site Preparation & 2010 2025
Construction
Operations 2016 2096
Decommissioning and 2097 2147
Abandonment
ONTARIOPOiiiil
GENERATION
Reactor Technology Alternatives
.
Designs used align with vendor
responses
.
Multiple Technology Plant
Parameter Envelope approach
.
Four reactor classes established
that will be assessed as
alternatives to each other
.
Indication that Preferred
Technology may be selected
during the EA (by mid 2008 or
after the EA is completed)
ONTARIOPOiiiil
GENERATION
4
AP-1000 Westinghouse 1100MW New
ABWR GE 600/900/1350 MW Operating
(Advanced boiling water
reactor)
ESBWR GE 1500 MW New
(Economic simplified
boiling water reactor)
EPR AREV A 1600 MW Evolutionary
(European Pressurized
Reactor)
EC 6 AECL 700 MW Evolutionary
(Enhanced Candu)
ACR-1000 AECL 1200 MW New
(Advanced Candu Reactor)
APR 1400 KHNP 1400 MW New
OPR 1000 KHNP 1000 MW Operating
US .APWR Mitsubishi 1700MW Evolutionary
ONTARIOPO.1R
GENERATION
Condenser Cooling Alternatives
"
· Preferred: Once through lake water
cooling
· Based on success of Darlington
NGS intake/outfall
· Proven effective at minimizing
impact on fish and heat impact
on the lake
=:.:r~:;
· Alternative Means: Cooling Towers
· Heat is transferred to
atmosphere via natural draft
cooling towers or mechanical
draft cooling towers
· Limits land available for future
development and number of units
'0b"
,,.,
ONTARIOPO.1R
GENERATION
10
5
Nuclear Plant Location Alternatives
North - South Orientation
\
~ -
11
· The Darlington Site will need to be
studied to determine potential site
layouts
. Maintain safe operation of the
existing nuclear power plant
· Identify constraints (e.g. rail line)
· Preserve the Site's biodiversity
· Consider other site and local land
uses in the area
ONTARIOPOiiiil
GENERATION
Nuclear Waste Management Alternatives
USED FUEL MANAGEMENT (for 60 years full power
operation)
Construct and operate used fuel wet storage
facility within the reactor buildings sufficient to
store all irradiated fuel for a minimum of 10 years
AND
A. Construct and operate new used fuel dry storage
processing and storage facility on site
OR
B. Expand the existing DWMF to accommodate
different fuel waste processing and storage
requirements on site
LOW & INTERMEDIATE LEVEL WASTE
MANAGEMENT
A. Package and transport waste by licensed carrier
off-site to appropriately licensed facility
OR
B. Construct and operate a Low & Intermediate
Level Waste Management Facility for operational
waste for 4 reactors
12
ONTARIOPOii1il
GENERATION
6
Public Consultation
.
Pre-submission communications performed:
5 Community Information sessions
(November 2006) - approx. 200 participants
Key stakeholder briefings (March-May 2007)
Aboriginal Program initiated
.
Project Description submitted to the CNSC April
2007
Copy. of Proi.e~t Description sent to all briefing
session participants
Project Description posted on project website
Update presentations to local Councils June
-July, 2007
· Wide range of consultation activities planned,
including:
Community information sessions and open
houses
Workshops and roundtable discussions
Project newsletters and updates, among
others
ONTARIOPOiiiil
GENERATION
13
In.rc-T....~..........._..---._.T~._....Tff. J I ...~.. r-iiiiiiiiiiiilliiiJliliii........ ........~
Technology and
(2 Years) / Vendor Selected
.
Technology
Selection
(4 Years) .
Environmental
Assessment Process
Decjsjon Granted by
/ En..... Minister
Site Preparation
Readiness & License
(2 Years)
Site Preparation
Period
Construction Readiness & License
Operation Readiness (i.e. training & Hiring)
ONTARIOPOiiiil
GENERATION
7
Contact Us
www.opq.com/newbuild
1-866-487 -6006
ONTARIOPO.til
GENERATION
15
8
-
~
~ -
:e ~ -
m
:e ~~
:e Z -
.
:J
ro+ ~
CD
n :E -
::r ::D
I
CD
:J
< -
-.
., UJ
0 <
:J -
3 -I
CD II
:J m
ro+ -
Q)
-
.
n
0 -
3
-
-
-
-
-
-
-
-
-
-
-
-
-
0 -
:I:
0 0 -
c: ~
- -
C. P+
OJ ::T -
CD
CD
-
:J Z
CD --I -
..... CD
..-
... n -
-< ::T -
0 UJ
c: -
0
liliiii
-
c: -
:IJ
...
CD ..- -
0
(Q
..- :J -
0 -!
S
::J -
-
-
-
)>
-
...
CD
....
::J
Q)
...
-.
<
CD
...
o
-
::J
n
-.
::J
CD
....
Q)
...
-.
o
::J
m
::J
<
-.
....
o
::J
3
CD
::J
...
Q)
-
-
'<
en
c:
-c
CD
....
-.
o
....
)>
-
...
CD
....
::J
Q)
...
-.
<
CD
...
o
r-
Q)
::J
C.
-h
-.
-
-
-
en
c:
tn
...
Q)
-.
::J
Q)
c-
-
CD
en
o
-
c:
...
-.
o
::J
-
-
-
-
-
-
I!IIiIIIIIIIIII
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
--
-
-
-
-
-
-
-
-
-
-
-
-
II
,/
~
OJ
,...
CD
~
:0
CD
('")
o
<:
CD
~
~<
OJ
:J
a.
:0
m
c
en
en
fJ)
OJ
<
CD
UJ
~
Q)
~
CD
""1:,
:0
CD
fJ)
o
c:
"""l:
(")
(D
en
"
en
t:
(IJ
........
{>>
-",
:J
Q)
C'"
-
CD
(')
-
(1)
W
::J
)>
""""""
~
(0
'-
'"
:;j
Q)
~
_I>
<
CD
,......
o
()
o
3
o
o
(Jj
~"'
:J
to
"
c
CD
:T
<
Q..
~
Q)
P+
CD
CD
.....
^
..... -
P+
n
:r
CD
~
-..J
~
to
OJ
::s
--
n
en
-
-
-
-
-
-
-
llIIIIIIII!iIII
-
-
-
-
-
-
-
-
-
-
-
-
-
, " " ,.!
C1 s: :I: J: -
- 0 ...... g ......-
0 (.Q lO
00 C. :T ::r -
CD c:
- G)
a. Q)
~ ""'"t """'t -
r ...... . m Q)
0 N 0... c..
0 CD (1) CD
a. -
""0 :I: C
'1J
(f) CD -.
~ CD -
< 0 OJ
(J) 1'1"""1- en
n ...... - CD
,... m :l
CD - -
~ (f) to "
'-" (f) c:
('J) -
--
........ -
-
-
-
-
-
-
-
-
~
-
-
-
-
-
-
-
-
-
-
!IIIIIIIIIIIl!8
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
lIIII!IllIlIIII
-
-
-
-
-
-
-
-
-
-
-
-
~~~~~~~m~~~~~o~~~~~~W~~
p.n~~0~~~~nnn~~~~n~:rn0Z~%%<
o _~-nIllOO:r- ~<D1lI llIooO~no
x III iil :Il'~'tl O"e; a.~ -'6 Co !!!. Co'" . I>>' -n
~o- Co<D~'tl1ll3 ~3c3=3 -
~% _-ll><D~ -o~-c- ~
~~~ ~ ~.. ~. n~ ~3~ a,
Co O~ CD + n
~5~ ~ ~
~~.CD iil' a
1>>0..... = CD
~ CD !!!. c' CIl
CIl 3
=
o
'"
~
~
~
m
~
3
w
cr
C1>
!=>!=>~:;:;:;:;:;!=>!=>ol;l;:;:;
~gg9g~~ggggggggg
COoO,l>.O>OOo>NO........"'O....
C,,\)OO~O())--.JN.....a.WCO"""~--.J
o
....
ri=~ ~~~~~~~~~~ ;;0;;0
~ ~~~~~~~~~~ ~~
::::I ..., ..., ..., ... ... ... ..., ... .., .., (t\I a.
~ ~~~~~~~~~~==~~
~ ....=0000000000.. 00
mO~ww~~~~~~~~oo_-
I --------__........ll>ll>
I P :i' S' S' S' S' S' S' S.' S' S' = =
1% a _ . a . . . .. .. :::J:::J
13 ~~~~~~~~~~ <4<4
i ~ ::: : : : : : :: ..
!-._--'-_.~-----
=
4>.
...
~
~
~
m
e
Z
3
I "
1=
i.>
~
~
~
m
~
3
"
;;0;;0;;0;;0;;0;;0;;0 ;;0;;0
~~~~~~~~ ~~ ~~
... ... ... .., ..., ..., ..,..., ...,... (t\I m
~0~~~~~~~=~~==~~
Ut'i g,aas.g,g,g,cg.s.~C:>o 0
-....J(')!!!.~e!..eL!..~~.;..eL!.......o;-;-
3i S' S' S' S' S' S' S' S' S' .... s: s:
~rJrJrJrJrJrJrJ rJrJ
........~....lr.....lr.....lr.....lr. ........
;;0;;0;;0;;0;;0;;0;;0;;0;;0 ;;0;;0
~~~~~~~~ ~~ *'~
...0~~~~~~~=~~==~~
....'tlasu,aaaa. aa. 000
Q~!..~~!..~~~~!..eL~O~i
3i S' S' S' S' S' S' S' S' S' '" _. -.
(Ii . . . . . .. .. :::J :::J
Q.~~~~~~~ ~~ ~~
1= ;;0;;0;;0;;0;;0;;0;;0;;0;;0 ;;0;;0
~ z~~~~~~m ~~ mm
~ a~~~~~~~ ~~ ~~
t! ...~~~~~~~~...~~"'...~~
~~~~~~[[~i~[[o~~~
P 3i5555555 55 S:S:
:if ~rJrJrJrJrJrJrJ rJrJ
3 ~~....lr.........lr. -l..... ....lr.....lr.
"
!=>
...
'"
t!
~
i
Z~~~~~~~ ~~ ~~
oit~~~Cit(b';'~!f trct
;~~:':':'~:'.,-I :.:.
<>>'i g, sa. g, sa. s. s. g. ~ s s. ~ ~ 0 0
C)(')~!..!..!..!..!..!..o!..!.. [~
3i 5' :r :j" :i' S' 5' :5' S':i'
!!rJrJrJrJrJrJrJ ..
-.............................. !:l!:l
'3~
l~i
"'...=!=>!"!=>~~ g.
.....~~~g:t; a ~::a
... < m
... !!!. 0
.,. i i!
:?
'3
1~
(J'1N""" ...A....A.~N
=g="'== a g
...=
... ::::J
~ (F)
:?
~~
Z z'6'
22]c:
o 0- 0
~~Cl~~~aii;
co n n ~
3i 3i.....~
CD <D ae.
Co Co:?
n
o
~
<
<D
::l c:
~ 0'"
o ii; i
~: ;;:
6
'6'n
'tl III
3 ~
~Ill
a Ii!:
... !
"'m
ae. ~
:?)>
n
o n
~ ~
<D III
i i
Co ~
o m
i:
c
z z
o 2
o 0
t g: ~'tl .....'tl
co ~..... ~
3i 3i
<D <D
Co Co
~~
z
2
N........#.......
.......A.....,G)CO=
= n =
3i
<D
Co
:5" :r
z
2
....~...~"'C1l
.........C1l~.........
3i
<D
Co
~~
~
<D
3
!'
III
~
<D
Co
CIl
C
0"
CIl
I>>'
~
C1>
CIl
cg )>
III :::l
III III
::;;-
-'<
n IJl
9l.G
_1Jl
o 0
:::l ....
III
'<
!!L
ell
3
o
....
3
G
III
IJl
c:
...
G
3
3:G
fIl3-
~g,
0""0
o' 2-
3 C
III ::::t
l: g
~ n
III 0
!!L:::l
ell ~
3 :::l
III ::
g.~
o 0
:::l :::l
....
0'"
!Do
03
~Ill
t.Jn
00
g3
:::l 3
G
An
~ ~
:::l
n
.Ill
."
o
ar
:l
Co
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
4 II~ -
i '" ~~I
~ . q.
"
l(1
---I il;' II ~ r~ ~~I -
~! u. n
.
:u -,I q
"
s if I II ~o ~ UI
0
'" . -
~'j ~ .
"0,
::ll if I II~ ~gl
0'
~j :5
~1 , f ;
,
~j i -
01
:J';! illll~ :g ~~I
"'1 '" 8"
ffi , I. .
.. i .
0 --.
0 -. -
0 --.
z
~ I:~' ~~I <.n <.n
Sl
5 I ~
~I i .
-
II: I':;' ~'~I IIIIIIIIIiIIIII
~ /: .
.. , p
a
N i
m
ill II:
s ~ 8~1 -
, I ~
i
-
, " , " "
'.
JJ :E m C () -
CD CD ~ tu 0
3 0- < .... 3
...... . tu
0 ....., '"'0 -
OJ 0 (f)
,..... C
CD Q) :J ~
0 f""+
fJ) 3 CD -
S (1) .....,
CD Q) .....,
0 c.. :J lO m
::s )> CD -
f""+ Q)
........ 11)
.... (") en
0 .........
(") (1) -
....., (1) :D Q.
-.
:J en CD en
(C en -0 -
........... 0 '<
< ....., en
-. f""+ P+
m ~. CD -
:E :J 3
(Q
-. fJ)
:J -
(Q
-
-
-
-
-
-
-
-
-
-
i!IIIIIIIRIIIl
-
ilIIIIlIIIIIlI
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
IIII&illIIIIlIl
-
-
-
-
-
-
-
-
-
-
-
Cl
:z:
Cl
i
Ii
i
"
...
ill
I!.
o
"
!if
It
1
J
It
!l,
o
.a
S-
..
..
I
J
: I ~
Ii>. ~
i ~ 3-
D. 0 2
. :i: cr
~ D. J
= I .
oil i ;
g ~ !
o 11 D.
R ~
~
igii
11 S!l,
"'l!.
! i
g ..
c
..
11
i f]
fd;a~;
I ~i ~ i
....1" n...
. Ii. il ~
! l
. ii:
]1 I
!i It
'"
;' i i
J ~ .,
..i]
I~l
-= !
iI II I
,. .. Ii
,.
II
"
!
i
c
t
t
&'
I
i 3:l:~&,~~~~!l'~~
1 'fi ~.. :I n ~ Gl" " :. " 11l
~ Cl""l:l"!!n"',a c
!l illliilC;-'jLii!j'<&'llI.
g,~~ !."'!i:~Q.m~1:
2'0" !Z'i"Q.ii!!:l",:el1lo
<0 ftoll'l_.-g.fttt
!!.!II-lI:-lIIgiig"
"!~~~81~~~ 0
!Q2!'iO;;l lllll! c:
g,;o",!lI. ., Oil"
.. ". CII l!. ,,-, -
!;f I I In 0 ~
..
"'...
~..a)
.~~
~o
...
t ~~fl"~
... .!".......... 0
'" :.:"''''.... 8
'"
--j
I
lil
ii'
Ii:
~II
-4
~
i ~
c ~
~J
I r:
Ii t
Ii
Ilf i
f
'"
II
111'1
.. ...1 .1 I ~
1=1 .'1.' i~i~l;
il i.llll.j. 0
l! ~. hl....I.'. '.. ~
16 ;; I 1.11 ~
~ ii'"
'tl
JO I i :g1'J J>
ilJ~i -.1
~t~~idli
IUhll1i
filiI I!
..
'"=
ii~i
1<11'
If
eili.
Iii i
} ~
ill
~ilili~
illfl i
tif~
. !, ::
-.3
-~
-i
illlii ~ .
......
, i
-
-
-
-
-
-
-
IIIIIII!iIIIIII
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
IIlIiIIIIIIIIII
-
_III
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
IIliIIlIIIIlIIl
-
-
-
-
-
-
-
-
-
-
-
-
"'Tl
Cf) -.
-0<0
CD C
o """
__ CD
-
-- (")
o Q)
~ -
~O
o C
:J -
Q)
Q) r-+
:J CD
a. a.
-
(")"""
o 0
en 3
r-+
o )>
_0
r-+
oc
-. Q)
en -
-g~
en Q)
Q) en
_ r-+
CD
::c
CD
V Q. Z
110 C 0
Q ~ g (")
CN 0 0
Z s: ::s en
CD _. _. ....
~=Ojflo-l
I\)O-ft=E 0
O~ S JJ
-< )> CD
CD::s OJ t9.
Q)::s C 0
... C Q. ::s
en 3 (Q
CD
....
-
-
-
-
-
-
-
lIIIIIIIIIIIIlI
-
IIIIIIII!IiIIlIIII
-
-
-
-
-
-
-
-
-
-
-
-
,...
-
IIII!IIIIIIIIIIII
:l -
-
IIII!IIIIIIIIIIII --I
IIIII\IIIIIIIII
IIII!IIIIIIIIIIII (/) ::r -
~"'C :E
~ CD
0 -
.
IBIIIIIII ::J Z
::J ::s ....
(1)
(") --I -
VI ::J"
I
_II (1) ~
c- ::J n -
<
-. ~
- ~
CD 0 ::r
::J ~ -
3 ~~
(1)
::J -
.... 0 ~~
::r Q)
S -
.
(") - ~=:r:
0 0 t: -
Q) 3
_II ,....
::s n _II -
CD 0
Q)
::s -
ca
-i
CD $:
-
3 -
CD
~ -
...
-
-
-