City of Kingston Council Agenda

COUNCIL. MEETING0 4 JAN 2 0 ’09

I f CITY OF KINGSTON EmA REPORT TO COUNCIL

I Report No.: 09-034 I

TO: Mayor and Council FROM: Jim Keech, President and CEO, Utilities Kingston RESOURCE STAFF: Mark Van Buren, Director, Engineering Department DATE OF MEETING: January 20,2009 SUBJECT: Authorization for Mayor and Clerk to Sign Agreement for Encroachment of Accessibility Ramp at 629 Princess Street - Martha’s Table

EXECUTIVE SUMMARY:

The Executive Director of Martha’s Table, which is located at 629 Princess Street, has requested permission from the City of Kingston to construct an entrance ramp within the City right-of-way to provide accessible entry to their establishment. The acquisition of this property required interior building modifications to provide accessible services for their patrons. The resulting location of the accessible washroom and accessible dining area necessitates the accessible entrance to be located off the Princess Street frontage.

RECOMMENDATION:

THAT Council authorize the Mayor and the Clerk to sign an encroachment agreement, in a form satisfactory to the Director of Legal Services, with the Executive Director of Martha’s Table to permit the installation of an entrance ramp within the public right-of-way at 629 Princess Street; - and further - THAT the encroachment agreement requires that the ramp be maintained by the management of Martha’s Table; and that the ramp will be removed from the property if Martha’s Table should relocate; or if the City is named in any future litigation resulting from harm to a person(s) caused by the location of the ramp.

1 COUNCIL MEETING0 4 JAN 2 0 '09 REPORT TO COUNCIL Report No.: 09-034 January 20,2009 - Page 2 -

AUTHORIZING SIGNATURES: I I 1 ORIGINAL SIGNED BY PRESIDENT & C.E.O., UTILITIES KINGSTON I Jim Keech, President and CEO,Utilities Kingston I

Gerard Hunt, Chief Administrative Officer' ATIVE OFFICER

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Beach, Sustainability & Growth I \/ Comm issione r Thurston, Community Development Services NIR I I ~~ ~ I Commissioner Leger, Corporate Services NIR Jim Keech, President, Utilities Kingston NIR

(N/R indicates consultation not required) REPORT TO COUNCIL. Report No.: 09-034 January 20,2009 - Page 3 -

OPTIONS/DISCUSSION:

The Executive Director of Martha’s Table, which is located at 629 Princess Street, has requested permission to install an entrance ramp in the Princess Street right-of-way adjacent to the building. Key map attached as Exhibit “A”. Delegated authority has been provided to staff to review and approve encroachments for such items as awnings, fences and hedges, inadvertent and temporary encroachments through By-law 2007-107, ‘;4 By-Law to Protect the City’s Highways from Unauthorized Encroachments”. However, it does not authorize staff to approve permanent encroachments of this nature in the right-of-way. Therefore an agreement to be signed by the Mayor and the Clerk is required to permit the accessible ramp to be constructed on the City owned right-of-way. The limit of the Princess Street right-of-way in this location is the building face.

The ramp has been designed in accordance with standards and specifications for accessibility. Because of the configuration of the interior of the building, the Princess Street frontage is the appropriate location for the accessible entrance and it facilitates unrestricted access to one of the dining areas and the accessible washroom. Any other location for access from the outside would be cost prohibitive for Martha’s Table as it would have resulted in extensive retrofitting of the building.

The proposed agreement to permit the encroachment onto the public right-of-way would also commit the Executive Director of Martha’s Table to maintain the ramp. The location of the ramp has been reviewed by staff to ensure that there is no conflict with existing underground infrastructure installed in the right-of-way and also confirmed that it has limited impact on municipal maintenance operations such as snow clearing. The agreement will also entitle the City to remove the works if necessary and any costs associated with removal will be borne by the executive director of Martha’s Table.

Staff is recommending that Council authorize the Mayor and the Clerk to sign an encroachment agreement prepared to the satisfaction of the Director of Legal Services.

EXISTING POLICY/BY LAW:

An encroachment agreement for the placement of an access ramp within the right-of-way must be signed by the Mayor and Clerk. There is no existing by-law that gives delegated authority to staff or the mayor and clerk to proceed.

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS:

The purpose of the encroachment is to provide an accessible entrance to Martha’s Table. The ramp has been designed incorporating the appropriate standards and specifications for an access ramp as laid out in the Building Code. Additional comments from the Accessibility Advisory Committee have been provided to the designer for consideration.

FINANCIAL CONSIDERATIONS:

The 2008 application fee for an encroachment permit is $97.65 including GST. In addition, there is an annual fee for the encroachment of $30.45 which will be added to the taxes for the property.

CONTACTS:

Kim Brown, Infrastructure Engineer, Engineering Department REPORT TO COUNCIL. Report No.: 09-034 January 20,2009 - Page 4 -

OTHER CITY OF KINGSTON STAFF CONSULTED:

Damon Wells, Director, Public Works Department Mark McLaughlin, Associate Legal Council, Legal Services Barry Kaplan, Accessibility Planning Coordinator, Planning & Development Department

EXHIBITS ATTACHED:

Exhibit “A”- Location Map

4 Exhibit 'A'

CITY OF KINGSTON Engineering Department Infrastructure Management Martha's Table Location Plan 5 COUNCIL MEETING0 4 JAN 2 0 '09

CITY OF KINGSTON REPORT TO COUNCIL

I Report No.: 09-039 I

EXECUTIVE SUMMARY: The City of Kingston currently holds licence agreements with Transport Canada that permit the City to operate and maintain storm sewer overflow outlets on federal waterlots located at the foot of West Street and Barrack Street. The licence agreements for both locations are scheduled to terminate on March 31, 2009. As a result, Transport Canada has provided the City with proposed Supplemental Agreements that will extend the term of both licences and amend the rental rates agreed to in the original licence agreements.

RECOMMENDATION: THAT Council authorize the Mayor and Clerk to enter into Supplemental Agreements with Transport Canada that will extend the term and amend the rental rate of licences for storm sewer overflow outlets located on federal waterlots at.the foot of West Street and Barrack Street.

AUTHORIZING SIGNATURES:

ORIGINAL SIGNER BY PRESIDENT & C.E.O., UTILITIES KINGSTON Jim Keech, President and CEO, Utilities Kingston ATIVE OFFICER

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Beach, Sustainability & Growth NIA Commissioner Thurston, Community Development Services NIA Commissioner Leger, Corporate Services NIA Jim Keech, President, Utilifies Kingston NIA I

6 COUNCIL MEETINGO 4 JAN 7 0 '09 REPORT TO COUNCIL. Report No.: 09-039 January 20,2009 - Page 2 -

OPTIONS/DISCUSSION:

The City of Kingston currently holds licence agreements with Transport Canada that permit the City to operate and maintain storm sewer overflow outlets on federal waterlots located at the foot of West Street and Barrack Street. The licence agreements for both locations are scheduled to terminate on March 31, 2009. As a result, Transport Canada has provided the City with proposed Supplemental Agreements that will extend the term of both licences commencing April 1, 2009 and terminating on March 31,2012. Transport Canada also proposes to amend the rental rates agreed to in the original licence agreements for the period starting April 1, 2009 and ending March 31,2012. The original rental rates were assessed based on the area occupied by the storm outlet within the federal waterlot. Effective April 1,2009, the rental rate applied to the licence for the storm outlet at the foot of West Street will increase from $2,189 per year to $2,230 per year. The rental rate applied to the licence for the storm outlet at the foot of Barrack Street will increase from $381 per year to $390 per year.

Both of these storm sewer overflow outlets continue to be a necessary part of the City's drainage system and as a result, staff recommends that the City enter into the Supplemental Agreements with Transport Canada to ensure the storm outlets are legally permitted and remain accessible for on-going operation and maintenance.

EXISTING POLICY/BY LAW: N/A

NOTICE PROVISIONS: N/A

ACCESSIBILITY CONSIDERATIONS: N/A

FINANCIAL CONSIDERATIONS:

The amended rental rates included in the proposed Supplemental Agreements are $2,230 per year and $390 per year for the storm outlets at the foot of West Street and Barrack Street respectively. These annual costs will be accommodated within the Engineering Department operating budget for Storm Water Management.

CONTACTS: Mark VanBuren, Director of Engineering ext. 3218 Hal Linscott, Director of Legal Services, ext. 1296

OTHER CITY OF KINGSTON STAFF CONSULTED:

Lorraine Thibadeau, Property Leasing Specialist, ext 1839

EXHIBITS ATTACHED: N/A mi CITY OF KINGSTON Em REPORT TO COUNCIL

I Report No.: 09-044 I

TO: Mayor and Council

FROM: Desiree Kennedy, Director of Financial Services

RESOURCE STAFF: Pat Carrol, Manager of Taxation and Revenue

DATE OF MEETING: 2009-01-20

SUBJECT: 2009 INTERIM TAX LEVY

EXECUTIVE SUMMARY: The Municipal Act, 2001 (the Act) allows municipal councils to pass by-laws for the purpose of levying an interim tax levy, prior to the adoption of the estimates for the year. The interim tax amount to be levied shall not exceed 50% of the total amount of taxes levied on the property in the previous year. This levy will provide funds to assist in financing daily operations and reduce reliance on short-term borrowings prior to setting tax rates and issuing the final tax bill.

RECOMMENDATION: 1. That a by-law, with the following provisions, be presented for three readings to provide for the levying and collecting of 2009 interim realty taxes: a. that the 2009 interim tax bill be no greater than 50% of the 2008 taxes levied; and b. that the rates be as specified in Schedule A attached hereto; and c. that the due date for interim taxes be February 27,2009; and d. that various payment options be provided; and e. that late payment charges be added to taxes that are in default.

AUTHORIZING SIGNATURES:

ORIGINAL SIGNED BY DIRECTOR OF FINANCIAL SERVICES Desiree Kennedy, Director of Financial Services TRATI/E OFFICER

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Beach, Sustainabilify & Growth NIR Commissioner Thurston, Communitv Develoment Services NIR I Commissioner Leger, corporate Services I NIR I Jim Keech, President, Ufilities Kingston I NIR I 3 REPORT TO COUNCIL Report No.: 09-044 January 20,2009 -Page 2-

OPTIONS/DISCUSSION: The Act allows municipal councils to pass by-laws providing for the levying of an interim tax levy, prior to the adoption of the estimates for the year.. The interim tax amount to be levied shall not exceed 50% of the total amount of taxes levied on the property in the previous year. The Act also provides for taxes to be annualized where assessment was added to the collector's roll during the year, Le., supplementary tax levies and additionally, where a new assessment has been added to the current year's roll, the interim tax levy shall apply to the new assessment.

To achieve the allowable amounts to be levied, i.e., 50% of 2008 tax levy, an interim billing adjustment will be applied to accounts that have levies exceeding the allowable amount. To provide for the February 27, 2009 due date, tax bills must be mailed no later than February 6,2009 to allow the required 21 days notice.

Payment methods in the by-law include in person at City Hall (216 Ontario St.), at any financial institution in the City of Kingston area having payment arrangements with the City of Kingston and through banks offering telephone and internet payment plans registered with the City of Kingston. Payments may also be sent by mail or dropped in one of the 24-hour drop boxes located at City Hall and John Counter Boulevard. In addition, the city offers a pre-authorized property tax payment program pursuant to City of Kingston by-law no. 2003-368.

The interim tax levy by-law also provides for penalty to be imposed for the non-payment of taxes on the first day of default and interest to be charged on unpaid taxes on the first day of each month.

EXISTING POLICY/BY LAW: Municipal Act, 2001

NOTICE PROVISIONS: Not applicable

ACCESSIBILITY CONSIDERATIONS: Not applicable

FINANCIAL CONSIDERATIONS: The interim tax levy will provide revenue of approximately $96M. This revenue will assist in financing daily operations, reduce reliance on short-term borrowings, and maximize investment income. In order to provide the maximum financing, the interim tax bill is set at 50% of the previous year's tax levy.

CONTACTS: Desiree Kennedy, Director of Financial Services Ext. 2220 Pat Carrol, Manager of Taxation & Revenue Ext. 2468 Jeff Walker, Supervisor of Taxation & Cashiering Ext. 2484

OTHER CITY OF KINGSTON STAFF CONSULTED: Not applicable

EXHIBITS ATTACHED: Appendix A - Draft By-law with Schedule A - 2009 Interim Tax Rates COUNCIL MEETING0 4 JAN 2 0 '09 Report to Council 09-044 Appendix A

BY-LAW NO. 2009-32

A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY; PAYMENT OF TAXES BY INSTALMENT; PENALTY AND INTEREST AT ONE AND ONE QUARTER PERCENT MONTHLY ON TAX ARREARS

PASSED:

WHEREAS subsections 317(1) and (2) of the Municipal Act, 2001, SO.2001, c.25, as amended, provides that:

1. The council of a local municipality, before the adoption of the estimates for the year under section 290 of the Municipal Act, 2001, may pass a by-law levying amounts on the assessment of the property in the local municipality rateable for local municipality purposes.

2. A by-law for levying amounts under subsection (1) shall be passed in the year that the amounts are to be levied or may be passed in December of the previous year if it provides that it does not come into force until a specified day in the following year.

AND WHEREAS sub-section 317(3) of the Municipal Act, 2001, contains the following additional rules:

1. The amounts levied on a property shall not exceed the prescribed percentage or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year.

2. The percentage under paragraph 1 may be different for different property classes but shall be the same for all properties in a property class.

3. For the purposes of calculating the total amount of taxes for the previous year under paragraph 1, if any taxes for municipal and school purposes were levied on a property for only part of the previous year because assessment was added to the collector's roll during the year, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year.

AND WHEREAS sub-section 31 7(5) of the Municipal Act, 2001, contains the following additional rule:

1. Amounts may be levied on assessment added, after the by-law is passed, to the tax roll for the current year that was not on the assessment roll upon which the amounts are levied.

AND WHEREAS clause 342( l)(a) of the Municipal Act, 2001, SO.2001, c.25, as amended, provides that the council of a local municipality may pass by-laws providing for the payment of taxes in one amount or by instalments and the date or dates in the year for which the taxes are imposed on which the taxes or instalments are due. Report to Council 09-044 Appendix A

AND WHEREAS subsection 343(4) of the Municipal Act, 2001, S.O.2001, c.25, as amended, provides that a local municipality may pass a by-law providing for the billing of a property class separately from the other property classes;

AND WHEREAS sub-section 345(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the council of a local municipality may pass by-laws to impose late payment charges for the non- payment of taxes or any instalment by the due date.

AND WHEREAS sub-sections 345(2) and (3) of the Municipal Act, 2001, contains the following additional rules:

1. A percentage charge, not to exceed 1% per cent of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies.

2. Interest charges, not to exceed 1% per cent each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner specified in the by-law but interest may not start to accrue before the first day of default.

AND WHEREAS sub-section 346(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the council of a local municipality may pass by-laws to provide for the payment of taxes by any person into a financial institution to the credit of the treasurer of the municipality and, in that case, the person making the payment shall be entitled to be issued a receipt by the institution for the amount paid.

AND WHEREAS council deems it expedient to pass a by-law for such purposes.

NOW THEREFORE the Council of the Corporation of the City of Kingston enacts as follows:

1. That an interim tax rate is hereby imposed and levied on the whole of the assessment for real property in each of the “Residential Assessment”, “New Multi-Residential Assessment”, “Multi-Residential Assessment”, “Commercial Assessment”, “Industrial Assessment”, “Pipe Line Assessment”, “Farm Assessment”, “Managed Forest Assessment”, “Railway Property Assessment” and “Utility Transmission and Distribution Corridor Assessment” and the applicable subclasses pursuant to Section 7 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, as set out in Schedule A attached hereto.

2. All amounts as calculated above shall be adjusted by an amount to provide that the levy does not exceed 50 percent of the 2008 tax levy, subject to the following rules: a. Taxes for municipal and school purposes levied on a property for only part of the previous year because assessment was added to the collector‘s roll during the year, shall have an amount added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year. b. The amounts levied on assessment added to the tax roll for the current year that was not on the assessment roll upon which the amounts are levied, shall be deemed to be 50% of the 2008 tax levy. COUNCIL MEETINGO 4 JAN 'I O '09 Report to Council 09-044 Appendix A

3. Taxes levied for Residential, New Multi-residential, Pipeline, Managed Forests, and Farm property classes for the said interim tax levy will be billed together and shall become due and payable on the 27th day of February 2009.

4. Taxes levied for Commercial, Industrial, Multi-residential, Railway and Utility Transmission & Distribution Corridor property classes for the said interim tax levy will be billed together and shall become due and payable on the 27th day of February 2009.

5. A percentage charge of 1% per cent of taxes due and unpaid shall be imposed as a penalty for non- payment of taxes, or any instalment thereof, and shall be added to any tax or instalment remaining unpaid on the first day of default.

6. Interest charges shall be imposed for the non-payment of taxes on the first day of each month at the rate of 1% per cent per month (15% per annum) of taxes due and unpaid.

7. Penalties and interest on all taxes of the interim tax levy in default shall become due and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid interim tax levy.

8. The tax bill shall be sent to the taxpayer's residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address.

9. The taxes are payable at the following: a. City of Kingston City Hall in person at 216 Ontario Street, Kingston, Ontario b. At any financial institution in the City of Kingston area having payment arrangements with the City of Kingston. c. Under the city's pre-authorized property tax payment program, and provided the treasurer has received and approved a taxpayer's request to use the alternative instalments and due dates under that program pursuant to City of Kingston by-law no. 2003-368. 10. The treasurer is hereby empowered to accept partial payments from time to time on account of taxes due and shall credit such payment first on account of the interest and percentage charges, if any, added to such taxes and shall credit the remainder of such payment against that part of the taxes that has been in arrears for the greatest period of time but no such payment shall be received after a tax arrears certificate has been registered under section 378 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.

11. This by-law shall come into force and take effect on the day of passing.

CITY CLERK MAYOR COUNCk MEETINGO 4 JAM 2 0 '09 Report no. 09-044 Schedule A

CITY OF KINGSTON - 2009 Interim Tax Rates

Residential 'except condo properties Municipal 0.00648880 0.00589477 0.00576712 RT, RF, RG, RP Garbage 0.00008660 0.00008660 0.00008660 Education 0.00132000 0.00132000 0.00132000 Total 0.00789540 0.00730137 0.00717372 1

New Multi Residential, Condo Properties Municipal 0.00648880 0.00589477 0.00576712 NT (RT for condo properties) Education 0.00132000 0.00132000 0.00132000 1 Total 0.00780880 0.00721477 0.00708712 I

Multi Residential Municipal 0.01735783 0.01576879 0.01 542732 MT, MF Education 0.00132000 0.00132000 0.00132000 Total 0.01867783 0.01708879 0.01674732 I

Commercial Full (100%) Municipal 0.01284782 0.01167166 0.01141891 CT, DT, GT, ST, CH, CF, CG, CP, GF Education 0.00986543 0.00986543 0.00986543 Total 0.02271325 0.02153709 0.02128434 I

New Construction Commercial Full (100%) Municipal 0.01284782 0.01 167166 0.01 141891 XT Education 0.00800000 0.00800000 0.00800000 Total 0.02084782 0.01 967166 0.01 941891

Commercial Vacant (70%) MuniciDal 0.00899347 0.00817016 0.00799324 CU, CX, DU, SU, CQ, CW, CY Education 0.00690580 0.00690580 0.00690580 Total 0.01589927 0.01507596 0.01489904 I

New Constr'n Commercial Vacant (70%) MuniciDal 0.00899347 0.00817016 0.00799324 xu Education 0.00560000 0.00560000 . 0.00560000 I Total 0.01459347 0.01 377016 0.01 359324

Industrial Occupied (100%) MuniciDal 0.01706554 0.01550326 0.01516754 IF, IT, LT, IH, IP Education 0.01327401 0.01327401 0.01327401 Total 0.03033955 0.02877727 0.02844155 I

New Construction Industrial Full (100%) MuniciDal 0.01706554 0.01550326 0.01516754 JT Educaion 0.00800000 0.00800000 0.00800000 Total 0.02506554 0.02350326 0.02316754

Industrial Vacant (65%) MuniciDal 0.01109261 0.01007713 0.00985891 IU, IX, LU, IK Educaiion 0.0086281 1 0.0086281 1 0.0086281 1 Total 0.01972071 0.01870523 0.01848701 I

Industrial Farmland (9.5057%) Municipal 0.00162220 0.00147369 0.00144178 I1 Education 0.00126179 0.00126179 0.00126179 Total 0.00288399 0.00273548 0.00270357 I

Farmland Municipal 0.00162220 0.00147369 0.00144178 FT Education 0.00033000 0.00033000 0.00033000 Total 0.00195220 0.00180369 0.00177178

Managed Forest Municipal 0.00162220 0.00147369 0.00144178 TT Education 0.00033000 0.00033000 0.00033000 Total 0.00195220 0.00180369 0.00177178 1

Pipeline Municipal 0.00761007 0.00691340 0.00676369 PT Education 0.00894061 0.00894061 0.00894061 Total 0.01655067 0.01585400 0.01570429 I

Utility Trans. & Distrib. Corridor + Municipal 0.09930000 0.09930000 0.09930000 UH Education 0.1 7230000 0.1 7230000 0.1 7230000 Total 0.27160000 0.27160000 0.27160000 I + rates applied to acreage x 100 10 Railway Right-of-way + Municipal 0.20795000 0.20795000 0.20795000 WT Education 0.2681 0000 0.2681 0000 0.2681 0000 Total 0.47605000 0.47605000 0.47605000 I n - i .i

Page 1 of 1 CITY OF KINGSTON REPORT TO COUNCIL

I RePort No.: 09-048 I

TO: Mayor and Council

FROM: Desiree Kennedy, Director of Financial Services

RESOURCE STAFF: Stephen Dickey, Manager of Accounting Services

DATE OF MEETING: 2009-01-20

SUBJECT: 2009 Municipal Borrowing By-law

EXECUTIVE SUMMARY: The municipality must pass a by-law on an annual basis to enable it to borrow funds to meet its current operational needs. In accordance with section 5(3) of the Municipal Act, as amended, municipal powers are to be exercised by by-law, unless the municipality is specifically authorized to do otherwise.

RECOMMENDATION: That a by-law be presented to council and given three readings to authorize the municipality to borrow up to $135,000,000 during the January 1,2009 to September 30,2009 period and up to $67,500,000 during the October 1,2009 to December 31, 2009 period in order to finance the city's current operating expenditures on an interim basis.

AUTHORIZING SIGNATURES:

ORIGINAL SIGNED BY DIRECTOR OF FINANCIAL SERVICES I ORIGINALSIGNED BYCHIEF ADMINISTRATIVE~OFFI~ERI Desiree Kennedy, Director of Financial Services Gerard Hunt, Chief Administrative Officer

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Beach, Sustainability & Growth NIR Commissioner Thurston, Community Development Services NIR Commissioner Leger, Corporate Services NIR Jim Keech, President, Utilities Kingston I NIR

'1 4 REPORT TO COUNCIL Report No.: 09-048 January 20,2009 -Page 2 -

OPTIONS/DISCUSSION: The City of Kingston may be in a borrowing position in order to fund its day to day operations during the period from mid- December until the time when the current year's interim tax bills are due. It is expected that interim tax bills will be due in late February 2009. Section 407(2) of the Municipal Act, as amended, outlines the borrowing limits for operating purposes imposed upon Ontario municipalities. The limitations are such that in the first nine months of the year, municipalities can borrow no more than 50% of the budgeted revenues for the year. After September 30, the loan amounts cannot exceed 25% of budgeted revenues.

EXISTING POLlCYlBY LAW: Municipal Act, 2001, as amended

NOTICE PROVISIONS: Not applicable

ACCESSIBILITY CONSIDERATIONS: Not applicable

FINANCIAL CONSIDERATIONS: Not applicable

CONTACTS: Gerard Hunt, Chief Administrative Officer Ext. 2205 Desiree Kennedy, Director of Financial Services I City Treasurer Ext. 2220 Stephen Dickey, Manager of Accounting Services Ext. 2370

OTHER CITY OF KINGSTON STAFF CONSULTED: Not applicable

EXHlBITS A'llACH ED: Appendix A - Draft 2009 Municipal Borrowing By-law COlJNCiL lvlEETlNG0 4 2 '09 Report to Council 09-048 Appendix A BY-LAW NO. 2009-33

A BY-LAW TO AUTHORIZE THE MUNICIPALITY TO BORROW UP TO $135,000,000 DURING THE JANUARY 1, 2009 TO SEPTEMBER 30, 2009 PERIOD AND UP TO $67,500,000 DURING THE OCTOBER 1, 2009 TO DECEMBER 31, 2009 PERIOD IN ORDER TO FINANCE THE CITY'S CURRENT OPERATING EXPENDITURES ON AN INTERIM BASIS

PASSED:

WHEREAS Sections 407 (1) and (2) of the Municipal Act, S.O. 2001, c.25, as amended, authorize council to pass a by-law authorizing the municipality to borrow from time to time by way of promissory note or bankers' acceptance such sums as council considers necessary to meet the current expenditures of the corporation for the year until the taxes are collected and other revenues are received, provided the amounts borrowed between January 1 and September 30 and between October 1 and December 31 of the year do not exceed fifty per cent (50%) and twenty five per cent (25%), respectively, of the total estimated revenues of the corporation as set forth in the budget adopted for the year;

AND WHEREAS the council deems it necessary to authorize the borrowing together with any similar borrowings that have not been repaid, a maximum of one hundred and thirty-five million dollars ($135,000,000) during the period between January 1,2009 and September 30, 2009, and a maximum of sixty-seven million and five hundred thousand dollars ($67,500,000) during the period between October 1, 2009, and December 31, 2009 in order to meet the current operating expenditures of the corporation until the taxes are collected, such sums representing not more than fifty percent (50%) and twenty-five percent (25%), respectively, of the estimated revenue of the corporation as set forth in the budget adopted for the year;

AND WHEREAS council deems it expedient to pass a by-law for such purpose.

THEREFORE the Council of the Corporation of the City of Kingston enacts as follows:

1. The mayor and treasurer of the corporation are hereby authorized under the seal of the corporation, to borrow by way of promissory note or bankers acceptance, from any chartered bank or banks in the City of Kingston or any other person, firm or corporation, a sum not exceeding one hundred and thirty-five million dollars ($135,000,000) between January 1, 2009 and September 30, 2009 and sixty-seven million and five hundred thousand dollars ($67,500,000) between October 1, 2009 and December 31, 2009, for the purpose of meeting the current operating expenditures of the corporation until the taxes are collected.

2. Despite the provisions of Section 1 of this by-law, the amounts that may be borrowed during the times and for the purposes mentioned in Section 1 of this by-law, together with the total of any similar borrowings that have not been repaid, shall not, except with the approval of the Ontario Municipal Board, exceed during the period between January 1, 2009 and September 30, 2009, and during the period between October 1, 2009 and December 31, 2009, fifty percent (50%) and twenty-five percent (25%), respectively, of the uncollected balance of the estimated revenues of the corporation as set forth in the budget adopted for the year.

3. The mayor and treasurer are hereby authorized to pay or allow the bank or banks or any other person, firm or corporation that lends money to the corporation, interest on the sums borrowed at such rates of interest and on such other terms as may be arranged by the treasurer and adopted by council. The promissory note, or notes, debentures, covenants or agreements sealed with the seal of the corporation and signed on behalf of the corporation by the mayor and treasurer may be given to the said bank or banks, person, firm or corporation as aforesaid as security for the repayment of the amounts borrowed with interest thereon as aforesaid.

4. This by-law shall come into force and take effect on its passing.

GIVEN FIRST AND SECOND READINGS

GIVEN THIRD READING AND PASSED

CITY CLERK MAYOR COUNCIL MEETINGO 4 JAN 2 0 '09

CITY OF KINGSTON REPORT TO COUNCIL

I Report No.: 09-054 I

TO: Mayor and Council FROM: Denis Leger, Commissioner of Corporate Services RESOURCE STAFF: Sheila Kidd, Commissioner of Corporate Assets Robert (Bud) Steele, Manager of Fleet DATE OF MEETING: January 20,2009 SUBJECT: RFP F31-CS-FL-2008-4 Half Ton Pickup Truck

EXECUTIVE SUMMARY: The purpose of this report is to seek Council approval to award an RFP for the purchase of one half-ton pickup truck to Edwards Ford Ltd. Council approval is required as staff received only one bid submission for this unit.

RECOMMENDATION: THAT the RFP F31-CS-FL-2008-4 for the purchase of one half-ton pickup truck be awarded to Edwards Ford Ltd. for the purchase price of $21,090 plus applicable taxes.

AUTHORIZING SIGNATURES: RlGlNAL SIGN tD BY COMMISSIONER Denis Lecier, Commissioner of CorDorate Services RATIVE OFFICER

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Beach, Sustainability& Growth NIA Commissioner Thurston. Communi& Develoment Services NIA Commissione r Leger , Corporate Services NIA Jim Keech, President, Utilities Kingston

1 '3 CBUNCiL. MEETING04 JP,M 20 '09 REPORT TO COUNCIL. Report No.: 09-054 January 20,2009 - Page 2 -

OPTIONSIDISCUSSION: The Fleet Services Division issued an RFP on behalf of the Solid Waste Department for the purchase of one half-ton pickup truck. One proposal was submitted which Fleet staff reviewed and scored.

Table 1 - Evaluation of Proposals

Price 50% 30% 15% Ontarians with Disabilities Act

When staff reviewed the proposals, the above-noted criteria was considered which included company profile as well as the ability to provide parts, service and warranty representation for the proposed product. This RFP took into consideration all aspects of the green fleet policy including the possibility of downsizing where possible.

Fuel economy and green house gas emission figures are requested in each RFP as per the direction of the Green Fleet Policy and are used as part of the proposal evaluation when possible. There are no published figures available from the manufacturers or Natural Resources Canada (NRC) for this 2009 product at this time. The NRC publication for 2009 has not yet been published. We expect to receive it in the first quarter to assist us with the ongoing procurement of vehicles.

This unit is used by both the Kingston area recycling and solid waste departments. These groups require a half ton pickup with a power tailgate to transport recyclable materials and machinery. A half ton capacity is required due to the volumes and weight capacities transported.

Table 2 - Comparison of Proposals

EXISTING POLlCYlBY LAW: By-law 2000-134, a By-law to Esfablish Purchasing Policies and Procedures for fhe Cify of Kingsfon Green Fleet Policy for fhe City of Kingston

NOTICE PROVISIONS: NIA COUNCIL MEETINGO 4 JAM 2 0 '09 REPORT TO COUNCIL Report No.: 09-054 January 20,2009 - Page 3 -

ACCESSIBILITY CONSIDERATIONS: Ontarians with Disabilities Act

FINANCIAL CONSIDERATIONS: This purchase is funded from the 2008 capital budget as approved by Council.

CONTACTS: John Giles, Manager Solid Waste 613- 546-4291, Ext. 2701

OTHER CITY OF KINGSTON STAFF CONSULTED: NIA

EXHIBITS ATTACH ED: NIA COUNCIL MEETING0 4 JAN 2 0 '09

l e CITY OF KINGSTON REPORT TO COUNCIL IIII[I,A, -eN- I Report No.: 09-055 I TO: Mayor and Council FROM: Denis Leger, Commissioner of Corporate Services RESOURCE STAFF: Sheila Kidd, Commissioner of Corporate Assets Robert (Bud) Steele, Manager of Fleet DATE OF MEETING: January 20,2009 SUBJECT: RFP F31-CS-FL-2008-5 Three Quarter Ton Cargo Van

EXECUTIVE SUMMARY: The purpose of this report is to seek Council approval to award an RFP for the purchase of one three-quarter ton cargo van to Jerome D. Taylor Chevrolet Oldsmobile Cadillac. Council approval is required as staff received only two bid submissions for this unit. The lower of the two is recommended for purchase.

RECOMMENDATION: THAT the RFP F31-CS-FL-2008-5 for the purchase of one three-quarter ton cargo van be awarded to Jerome D. Taylor Chevrolet Oldsmobile Cadillac for the purchase price of $1 8,760 plus applicable taxes.

AUTHORIZING SIGNATURES:

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Commissioner Beach, Sustainability & Growth NIA Commissioner Thurston, Community Development Services NIA Commissioner Leger, Corporate Services NIA Jim Keech, President, Utilities Kingston NIA COUNCIL MEETINGO 4 JAM 2 0 '09 REPORT TO COUNCIL. Report No.: 09-055 January 20,2009 - Page 2 -

OPTIONSIDISCUSSION: The Fleet Services Division issued an RFP on behalf of the Facility Maintenance for the purchase of one three-quarter ton cargo van. Two proposals were submitted which Fleet staff reviewed and scored.

Table 1 - Evaluation of Proposals Value YO Price 50% 30% 15% Ontarians with Disabilities Act

The possibility of downsizing was discussed and it was determined that the Facilities Maintenance division requires a three- quarter ton cargo van to carry field service tools and equipment. This unit is in essence a rolling work shop and requires' the three quarter capacity to support the payload. The van configuration is desirable in this application to conceal the contents from the elements and provide a lockable space. Table 2 - Comparison of Proposals

Taylor Chevrolet 1 $18,760 Edwards Ford Ltd. ,2 $21,489

EXISTING POLlCYlBY LAW: By-law 2000-134, a By-law to Establish Purchasing Policies and Procedures for the City of Kingston Green Fleet policy

NOTICE PROVISIONS: NIA COUNCIL MEETINGO 4 JAN 0 '09 REPORT TO COUNCIL. Report No.: 09-055 January 20,2009 - Page 3 -

ACCESSIBILITY CONSIDERATIONS: Ontarians with Disabilities Act

FINANCIAL CONSIDERATIONS: This purchase is funded from the 2008 capital budget as approved by Council.

CONTACTS: Jamie Brash, Supervisor, Facilities Maintenance 61 3- 546- 4291, EXt. 1291

OTHER CITY OF KINGSTON STAFF CONSULTED: NIA

EXHIBITS ATTACHED: NIA i -1 CITY OF KINGSTON A REPORT TO COUNCIL

I Report No.: 09-038 I

TO: Mayor and Council

FROM: Lance Thurston, Commissioner, Community Development Services Group

RESOURCE STAFF: Terry Willing Director, Building & Licensing Department Kim Leonard, Manager, Licensing & Enforcement Division

DATE OF MEETING: 2009-01 -20

SUBJECT: Ministry of Transportation Ontario - Request for Noise Exemption - Wolfe Island Ferry Dock at 295 Ontario and Barrack Street

EXECUTIVE SUMMARY: The Ministry of Transportation, Ontario Eastern Region has made application for an exemption to Noise Control Bylaw 2004-52 Schedule "Bfor the purpose of rehabilitation of the Wolfe Island Ferry Transfer Ramp located at the Barrack Street Terminal.

The applicant has requested that the exemption cover operations between the hours of 12:Ol a.m. and 12:OO p.m. Construction associated with this application is scheduled to commence between April 4,2009 and May 9, 2009 and continue for 9 consecutive days and will involve 24 hour operations including Saturday and Sunday. It is proposed that the construction shall not include more than 5 week days from Monday to Friday and shall not overlap with any Statutory Holiday. The current City of Kingston Bylaw only permits this activity from Monday to Saturday between the hours of 7:OO a.m. and 7:OO p.m. and excludes Sundays and Statutory Holidays.

RECOMMENDATION: THAT The Ministry Of Transportation, Ontario, Eastern Region be granted an exemption from the normal 7:OO p.m. to 7:OO a.m. restriction under the City of Kingston Noise Control By-Law 2004-52 Schedule "B, in order to allow rehabilitation work at the Barrack Street Terminal between the hours of 12:Ol a.m. and 12:OO p.m. to commence between April 4,2009 and May 9,2009 and to continue for a maximum of 9 consecutive Saturdays and Sundays but not on any Statutory holiday. COUNCIL MEETING0 4 JAN 2 0 '09 REPORT TO COUNCIL. Report NO.: 09-03 2009-01-20 - Page 2 -

AUTHORIZING SIGNATURES: RIMAL SIGNED BY COMMISSIONER I Lance Thurston, Commissioner, Community Development Services I ORIGINAL SIGNED BY CHIEF ADM STRAT IVE OFFICER I Gerard Hunt, Chief Administrative Officer

Commissioner Beach, Sustainability & Growth NR I Commissioner Leger, corporate Services I NR I Jim Keech, President, Utilities Kingston NR REPORT TO COUNCIL, Report No.: 09-038 2009-01-20 - Page 3 -

OPTIONSIDISCUSSION: The Ministry of Transportation, Ontario, Eastern Region has made application for an exemption to Noise Control Bylaw 2004-52 Schedule "Bfor the purpose of replacing the structural steel ramps and the hydraulic operating systems of the Wolfe Island Ferry Transfer Bridge located at the Barrack Street Terminal. The Ministry is seeking the noise by-law exemption to allow for the required rehabilitation work and to limit the number of days in which the Barrack Street transfer ramp is closed, and minimize the impacts to the travelling public.

The work is being performed to address the poor material condition of the existing transfer ramps. The work will extend the service life of the ferry transfer facilities and ensure continued, uninterrupted ferry service, by replacing the corroded steel ramps and the 34 year old hydraulic lift systems. The structural steel ramp will be erected on-site, the old one removed, and a new steel ramp will be lifted into place. The hydraulic systems will be refurbished and the control systems that operate the ramp apron which lowers down onto the ferry bow will be upgraded.

The construction equipment required for these operations will mainly consist of lift cranes and smaller support vehicles. Any construction activities involving excavation and backfilling, concrete removals, etc. are very limited in scope (total combined volume of excavation and filling is less than 200m3, and total volume of concrete removal is less than 5 m3), and will be completed either in Stage 1 or 3, during normal working hoursldays. There should be no noise from jack hammers, concrete saws, excavators, truck tailgates or braking during the 9 day period. There may be some noise from backup beepers, however this will occur infrequently during the 9 day period, as most of the work involving equipment other than cranes will have been completed in advance. Structural steel and hydraulic components will be delivered to the site before the commencement of the 9 day period. The volumes of material which will be transported to and from the site are small, and as such; movements will occur during normal working hours/days, no haul route has been identified or specified.

In order to minimize impacts on the traveling public, the construction period for the rehabilitation works at the Barrack Street terminal will be completed in three (3) stages over an estimated period of eight (8) weeks, from March through May 15, 2009. During Stages 1 and 3, the transfer bridge at the Barrack Street terminal will be maintained operational at all times, and construction activities will be limited to 7:OO am to 7:OO pm, Monday through Friday, in accordance with the City of Kingston By- Law No. 2004-52. However, during Stage 2 the Barrack Street transfer ramp must be closed to traffic for a period of nine (9) days. During this time ferry service will be maintained by side loading to the Frontenac II, using an existing fixed ramp located at the east end of the Barrack Street dock. Overall, ferry service will be maintained at all times, however it is anticipated that there will be impacts to the level of service during the nine (9) day period that transfer operations are transferred to the side loading ramp, due to the longer time required to side load vehicles, the reduced capacity of the Frontenac II, and the inability to accommodate tractor trailers.

At this time, it is not possible to provide specific dates for the start and finish of the nine (9) day closure period. Based on the current construction schedule, it is anticipated that the closure will commence between April 4 and May 9,2009.

Frank Vanderlaan, Area Contracts Engineer, (613) 545-4825 and Peter Doyle, Contract Control Officer, (613) 544-2220 extension 1719 would of course be available to handle initial complaints.

EXISTING POLICY/BY LAW: Council has granted exemptions to the Noise Control By-law in order to accommodate one time construction events.

The Ministry of Transportation has already been granted an exemption to the Noise Control by-law in 2008 to allow for Highway 401 Improvementsto occur from west of Sydenham Road to west of Montreal Street from Wednesday, July 2,2008, and to continue until Wednesday, October 31,2012, between the hours of 7:OO p.m. and 7:OO a.m. Sunday to Friday but not on any Statutory holiday. The noise by-law exemption will be conditional on staff, in conjunction with the MTO and the District REPORT TO COUNCIL. Report No.: 09-038 2009-01-20 - Page 4 -

EXISTING POLICY/BY LAW (CONTINUED): Councillor, coming up with a method of communication to inform the residents at least three weeks prior to the work commencing.

Hotel Dieu Hospital and T.A. Andre & Sons (Ontario) Limited were granted an exemption from the normal 7:OO p.m. to 7:OO a.m. restriction under the City of Kingston Noise Control By-Law 2004-52 Schedule “B, in order to permit noise until 12:OO midnight to permit ramp heating replacement at the Hotel Dieu Hospital, Brock Street ramp entrance commencing on Wednesday, April 4,2007 and continuing six days a week from Monday to Saturday excluding Statutory Holidays until Friday, May 4,2007.

Council also granted the Ministry of Transportation an exemption from the normal 7:OO p.m. to 7:OO a.m. restriction to allow for Highway 401 Widening and Median Tall Wall to be constructed from west of Sydenham Road to west of Montreal Street from Monday, June 28th, 2004 and continuing from Monday to Friday until December 15,2006, but not on any weekend or Statutory Holiday.

The authority to authorize such exemptions is specifically granted to Council under the Municipal Act. The Act was changed to allow Council to grant exemptions for extended durations, and it no longer limits Council to a maximum exemption period of six months.

NOTICE PROVISIONS: An advertisement of this request for exemption was placed in the Kingston Whig Standard on Tuesday, December 9 and Tuesday, December 16,2008 and is attached as Exhibit “A. There have been no unresolved objections submitted to this request.

Council has granted exemptions to the Noise Control By-Law for this type of construction in the past, and the authority to do so is specifically granted to Council under Subsection 129 (3) of the Municipal Act which no longer requires public notification.

ACCESSIBILITY CONSIDERATIONS: There are no accessibility considerations.

FINANCIAL CONSIDERATIONS: An $88.00 fee was received which is now required to help cover the cost of processing noise exemption requests. There are no other financial considerations because advertisements were placed at the expense of The Ministry of Transportation.

CONTACTS: Kim Leonard, Manager, Licensing & Enforcement - 613-546-4291 ext. 3222 Mike Shallhorn, P.Eng. AECOM - (905) 668 4021 ext. 2236

OTHER CITY OF KINGSTON STAFF CONSULTED: EXHIBITS AllACHED: Exhibit “A- Kingston Whig Standard Advertisement Exhibit “8” - Notifications and Correspondence with local Municipalities and Agencies Exhibit “C- Notifications to Emergency Service Providers and Ferry Users REPORT TO COUNCIL. Report No.: 09-038 2009-01-20 - Page 5 - EXHIBIT “A

Advertised in the Kingston Whig Standard December 9 and 16, 2008

Public Notice Section

Noise Exemption

The Ministry of Transportation, Ontario, Eastern Region has made application for an exemption to Noise Control Bylaw 2004-52 Schedule “Bfor the purpose of rehabilitation of the Wolfe Island Ferry Transfer Bridge located at the Barrack Street Terminal. The applicant has requested that the exemption cover operations between the hours of 12:Ol a.m. and 12 p.m.

Construction associated with this application is scheduled to commence between April 4 and May 9 and continue for 9 consecutive days and will involve 24 hour operations including Saturday and Sunday. It is proposed that the construction shall not include more than 5 week days from Monday to Friday and shall not overlap with any Statutory Holiday.

The current City of Kingston Bylaw only permits this activity from Monday to Saturday between the hours of 7 a.m. and 7 p.m. and excludes Sundays and Statutory Holidays.

Anyone wishing to object to these exemptions should deliver their concerns in writing or by e-mail before Dec. 27,2008 to:

City of Kingston, Kim Leonard, Manager, Licensing & Enforcement 216 Ontario St., Kingston, ON K7L 223

This matter will be considered during the regular Council Meeting that commences at 7:30 p.m. on Tuesday, Jan. 20, 2009.

NOTICE OF COLLECTION: Personal Information collected is pursuant to the Municipal Freedom of Information and Protection of Privacy Act (and all other applicable privacy provincial and federal legislation). Such legislation is reviewed and applied for the collection, use, disclosure and destruction of the information. The personal information collected as a result of this public notice will be used to assist in making a decision on this matter. All names, addresses, opinions and comments collected will be made available for public disclosure. Questions regarding this collection should be forwarded to Kim Leonard, Manager of Licensing and Enforcement, 21 6 Ontario St., Kingston, ON, K7L 223 or by e-mailing kleonardBcityofkingston.ca REPORT TO COUNCIL. Report No.: 09-038 2009-01-20 - Page 6 -

EXHIBIT “B

architects Totten Sims Hubicki Associates 2000 planners Argentia Road, Plaza 2, Suite 220 Mississauga, Ontario, Canada L5N 1V8 July 24, 2008 (905) 8588798 Fax: (905) 8580016 E- mail: [email protected] www.tsh.ca Insert Name Insert Title Insert Company/Municipality Name Insert Address Insert City, Province Insert Postal Code Dear /Mrs./Ms. Insert Last Name:

Re: Replacement of the Wolfe Island and Howe Island Ferry Transfer Bridges Notice of Study Commencement - GWP #40220701

The Ministry of Transportation has retained the services of Totten Sims Hubicki Associates (TSH) to carry out the Detailed Design and Class Environmental Assessment (EA) for the replacement of the Ministry’s Ferry Transfer Bridges at Wolfe Island and Howe Island, in the City of Kingston and the Township of Frontenac Islands.

The Ferry Transfer Bridge locations are shown on the attached plan and are described as follows: Wolfe Island Ferry - Barrack Street Terminal . Wolfe Island Ferry - Marysville Terminal . Wolfe Island Ferry - Dawson’s Point Terminal Howe Island Ferry - Mainland Terminal . Howe Island Ferry - Island Terminal The proposed work at the ferry docks is expected to include the replacement of the structural steel transfer bridges and the associated mechanical and electrical operating systems. This study has been initiated as a Group ‘C’ undertaking in accordance with the Class Environmental Assessment (EA) for Provincial Transportation Facilities.

We are contacting your office to collect information about the study area, to confirm your interest in the study and your current contact information. Please complete the attached Agency th Comment Sheet and submit to the undersigned before August 6 , 2008. COUNCIL MEETING0 4 JAN 2 0 '09 REPORT TO COUNCIL. Report No.: 09-038 2009-01-20 - Page 7 -

Notice of Study Commencement - Wolfe Island and Howe Island Ferry Transfer Bridges

If you have any questions or concerns about this project, please contact the

undersigned. Yours truly,

Melissa Alexander Environmental Planner Totten Sims Hubicki Associates rnalexander@ts h .ca cc: J. Hanna, L. Donaldson - MTO Eastern Region Office M. Shallhorn - TSH COUlVCiiL MEETlNGO 4 J4hJ 3 0 'Q9 REPORT TO COUNCIL Report No.: 09-038 2009-01-20 - Page 8 -

EXTERNAL AGENCY/MUNICIPAL COMMENT SHEET

1. Contact Name:

2. Age nc y/M un i ci p a I ity :

3. Address:

Postal Code: Phone No.: Email:

4. Your interests or concerns regarding the study area or undertaking are:

5. Do you have any environmental (i.e., natural, social, economic or cultural) information on the study area? If yes, please comment:

6. Do you wish to be notified for continued involvement in the process?

Yes No

Signature Date

th Please return this form by August 6 , 2008 to: Ms. Melissa Alexander - Environmental Planner Totten Sims Hubicki Associates, 2000 Argentia Road, Plaza II, Suite 220 Mississauga, ON L5V 1V8 Tel. (905) 8588798, Fax (905) 8580016 [email protected]

With the exception of personal information, all comments will become part of the public record. Replacement of the Wolfe Island and Howe Island Ferry Transfer Bridges GWP #40220701 71 .d I COUNCIL MEETINGO 4 JAN 2 0 '09 REPORT TO COUNCIL. Report No.: 09-038 2009-01-20 - Page 9 -

Affiliation Sal First Last Title Organization

Federal Mr. Berthier Pineau Manager Transport Canada Transport Canada, Navigable Waters Federal SirIMadam NWP Officer Protection Program

Federal Mr. Berthier Pineau Manager, Transport Canada Centre Transport Canada, Marine Safety

Federal Mr. Michael Shaw EA Officer Environment Canada

Federal Ms. Georgina Williston Fish Habitat Biologist Department of Fisheries and Oceans Department of Fisheries & Oceans Federal Capt. Ray Throop Federal Ms. Miranda Lesperance Environmental Officer Environment Unit Environment and Natural Resources Federal Mr. Glenn Gilbert Manager Lands and Trusts Services Federal Mr. Shawn Green Environmental Officer Environment and Natural Resources

Federal Mr. Don Boswell Senior Claims Analysts Specific Claims Branch

Federal Ms. Maryanne Pearce Senior Claims Analysts Ontario Research Team

Federal Ms. Louise Trepanier Director, Claims East of Manitoba Comprehensive Claims Branch Litigation Management and Resolution Federal Mr. Franklin Director ROY Branch Director General of INAC's Specific Federal Audrey Stewart Claims Branch Acting Director of Lands and Trust Federal Ms. Shannon Doyle Ontario Region Services Federal Ms. Pam Wheaton Director Policy and Relationships Branch Director, Aboriginal Policy and Federal Mr. Richard Saunders Ontario Secretariat for Aboriginal Affairs Management Branch Federal Ms. Surinder Singh Gill Policy Advisor, Technical Contact Policy and Relationships Branch

Federal Mr. Grant Wedge Counsel, Crown Law Office - Civil Ministry of Attorney General

Provincial Mr. Brian Kaye NSupervisor Ministry of the Environment Environmental Resource PlannerIEA Provincial Mr. Alex Blasko Coordinato r Ministry of the Environment

Provincial Ms. Louise Richer Regional Adviser Ministry of Culture

Provincial Ms. Monique Charette District Biologist Ministry of Natural Resources

Provincial Ms. Blair Harris Tourism Industry Adviser Ministry of Tourism and Recreation

Provincial Mr. Vincent Fabiilli Regional Director Ministry of Municipal Affairs and Housing Senior Policy Adviser - Inter-ministry Provincial Mr. Barry Silver Coordination Ontario Secretariat for Aboriginal Affairs

Regional Ms. Carolyn Bonta NBiologist Cataraqui Conservation Authority Municipal Ms. Carolyn Downs Clerk City of Kingston

Municipal Ms. Elizabeth Fulton Chief Administrative Officer County of Frontenac

Municipal Mr. Terry O'Shea Chief Administrative Officer Township of Frontenac Islands

Municipal SirlMadam Township of Frontenac Islands Howe Island Office

Municipal SirlMadam Kingston Police Serivces

Municipal SirIMadam Kingston Fire & Rescue Services

Municipal Mr. James White Fire Chief Fire - Wolfe Island

Municipal Mr. Mike Quinn Fire Chief Fire - Howe Island -7- .I Municipal Mr. Dave Harrison Board of Director - Lake Ontario Ontario Commercial Fisheries' Association '.- Municipal Hon. John Gerretsen MPP - Kingston and the Islands hAiinirinal hAr Hanmu Rnsm hAavnr Kinnctnn Citv Hall COUNCIL MEETING0 4 ,)AM ?. 0 '09 REPORT TO COUNCIL. Report No.: 09-038 2009-01-20 - Page 10 -

Replacement of the Wolf6 Island and Howe island Ferry Transfer Brldges GWP #4022-03-01

EXTERNAL AGENCYIMUNICIPAL COMMENT SHEET B 1. Contact Name:

2. Agency/Munlclpallty : 3, Address: 21d m@tI2#0*r%?&w. AJQVbJ. BJr2Wra Postal Code: g7 L, az7

4. Your interest8 or concerns regardlng the study area or undertaking are:

5. Do you have any environmental (h1natural, social, econornlc or cultural) Information on the study area? If yes, please comment '

6. Do you wlsh to be notified for continued Involvement In the process?

Slgnature

Please return thls form by August 6th, 2008 to: Ms. Melissa Alexander - Environmental Planner Totten Sims Hubickl Associates, 2000 Argentia Road, Plaza II, Suite 220 Mlssissauga, ON L5V 1V8 Tel. (805) 858-8798, Fax (905) 858-0016 [email protected] with the exceptlon of personal information, all cdmments will become part of the public mord.

T IT rnc~m.rr~n ~iir~iiirin~anann ~IIIIIII~I I IN &r en+ rn.finu.nnn7 AECOM 220 - 2000 Argentia Road, Plaza 2, Mississauga, ON,Canada L5N 1V8 T 905.858.8798 F 905.858.0016 www.aecom.com

November 17,2008 Project Number: 42-71268

Mr. George Wallace Director, Planning and Development City of Kingston 21 6 Ontario Street Kingston, ON K7L 223

Dear Mr. Wallace:

Re: Rehabilitation of the Wolfe Island and Howe Island Ferry Transfer Bridges (GWP #4022-07-01) Response to Comment Sheet from Study Commencement

This letter is in response to your comments from the Notice of Study Commencement for the above noted project. Your input is an important component of the consultation process and we appreciate your efforts in this regard.

Your comments with regards to considering the interests of the City of Kingston have been noted.

Again, thank you for your input.

Sincerely, Totten Sims Hubicki Associates (1997) Limited, doing business as AECOM

Melissa Alexander Environmental Planner [email protected] cc: L. Donaldson, J. Hanna - Ministry of Transportation East Region M. Shallhorn - AECOM COUNCIL MEETING0 4 0 '09 08/86/2088 15: 55 6135493111 KINGSTON POLICE ARM PAGE 61 .. -.> -. -

Replacement of the Wolfe IsIand,and Howe Island Ferry Transfer Bridges GWP #4022-01-01

EXTERNAL AGENCY/MUNICIPAL COMMENT SHEET

1. Contact Name:

I 2. Agency/Municipality:

_-- -..- ._ -. - . ..-...... -_.-. -- .. - 4. Your interests or concerns regarding the study area or undertaking dre: .

d @- rp&t-hi&id z&w.iLf. 5. DOyou have any environmental (Le.,natural, social, economic or cultural) information on the study area? If yes, please comment:

...

6. Do you wish to be notified for continued involvement in the process?!

--.-.- --.-.- .-. ...-....C . , ..- . . .* .. Yes w&* No .. Signature CLQ-

Please return this form by August 6Ih, 2008 to: I Ms. Melissa Alexander - Environmental Planner Totten Sims Hubicki Associates, 2000 Argentia Road, Plaza II, Suite 220 Mississauga, ON L5V 1V6 Tel. (905) 858-8798, Fax (905) 858-0016 malexanderats h .ca .. With the exception of personal information, all comments will become pad ofthe publlc ~cd.

7-7 :I COUMClL MEETING04 ?AN 20 ’09 1 AECOM ..

AECOM 220 - 2000 Argentia Road, Plaza 2, Mississauga, ON, Canada L5N 1V8 T 905.858.8798 F 905.858.0016 www.aecom.com

November 17, 2008 Project Number: 42-71 268

Ms. Donna Harrington Kingston Police 705 Division Street Kingston, ON K7K 4C2

Dear Ms. Harrington:

Re: Rehabilitation of the Wolfe Island and Howe Island Ferry Transfer Bridges (GWP #4022-07-01) Response to Comment Sheet from Study Commencement

Your concerns with regards to traffic flow near the Wolfe Island Mainland Terminal and Howe Island Mainland Terminal have been noted. Construction at the Wolfe Island Mainland Terminal is scheduled for the spring of 2009 and the work at the Howe Island Terminal is still in the planning stage. During the rehabilitation works, traffic movement within the Barrack Street facility will be under the direction of the Wolfe Island Ferry services personnel, as per normal operations. Emergency services will be notified at least one week in advance of the transfer of ferry operations from Dawson’s Point Terminal to Marysville terminal, or other changes to normal traffic flow that may be anticipated.

At the Barrack Street terminal, the transfer bridge will be maintained operational at all times with the exception of a nine (9) day period, allowing typical roll on-roll off ferry transfers to the Wolfe Islander. During the nine (9) day period that the Barrack Street transfer bridge is closed, ferry service will be maintained by side loading to the Frontenac II, using an existing fixed ramp located at the east end of the Barrack Street dock. Overall, ferry service will be maintained throughout the duration of the contract at all sites. If you require additional information, please contact the undersigned.

Again, thank you for your input.

Sincerely, Totten Sims Hubicki Associates (1 997) Limited, doing business as AECOM

Melissa Alexander Environmental Planner [email protected] cc: L. Donaldson. J. Hanna - Ministry of Transportation East Region M. Shallhorn - AECOM COUNCIL MEETINGO 4 ,!AN 3 0 ’09 REPORT TO COUNCIL Report No.: 09-038 2009-01-20 - Page 14 - EXHlBIT “C OPERATIONAL CONSTRAINT Special Provision

Notifications to Emergency Service Providers and Ferry Users

The Contractor shall notify emergency service providers and the ferry users at least one week in advance of transfening ferry operations from Dawson’s Point Terminal to Marysville Terminal to facilitate the work at Dawson’s Point, and subsequently from Marysville Terminal to Dawson’s Point Terminal to facilitate the work at Marysville, and if any other changes to normal traffic flow are anticipated (i.e. Stage 2 - Ramp Closure) at Barrack Street Terminal. A written notification shall be drafted by the Contractor and reviewed by the Contract Administrator prior to distribution. The notice shall be posted at the following locations: on the ferry boat; in the ferry terminals; in the local Wolfe Island Post Office and grocery store.

The Contractor shall place a Notice of DisruptiodChange of Service in three (3) local newspapers prior to transferring ferry operations from Dawson’s Point Terminal to Marysville Terminal, and if any changes to normal traffic flow are anticipated. Suggested papers are the Kingston Whig Standard, the Kingston This Week and the Heritage EMC.

The Contractor shall verbally notify the following external agencies and stakeholders at least one week in advance of transferring ferry operations from Dawson’s Point Terminal to Marysville Terminal to facilitate the work at Dawson’s Point, and subsequently from Marysville Terminal to Dawson’s Point Terminal to facilitate the work at Marysville, and if any other changes to normal traffic flow are

anticipated:

Transport Canada 61 3-545-8676 Vaughan’s (Lumber Supply) 61 3-385-2403 Ontario Provincial 6 13-659-5200 CKWS (TV) JOE, CFFX 61 3-542-9232 Police 960, Light 104.3, 96.3 Ambulance 613-544-5585 CKLC, CFLY,(98.3, 98.9, 61 3-542-2552 103.7) Reeve J. Vanden 6 13-385-1934 K Rock / KIX / Border 613-549-1057 or Hoek lamie@kix1027.~0 m Town Hall 6 13-385-22 16 CBC RADIO 613-562-8455 or “best # 288-6475 Sacred Heart 613-385-2348 BOB FM 61 3-345-1666 School Public School 613-385-2632 CIZ Frogy 3 15-779-9700 General Wolfe 613-385-261 1 Ext. 9904 Lafarge 613-546-2683 Fargo’s 6 13-385-2323 CBM 613-548-761 1 Villager 6 13-3 85-2252 Sousa 613-547-3675 Island Grill 6 13-3 85-2 157 Best Crete 613-548-1854 7 7 Mosier’s (Gas) 61 3-385-2460 _,i October 2008 Page 1 of 1