SARNIA CITY COUNCIL
September 9, 2013 4:00 p.m. COUNCIL CHAMBERS, CITY HALL SARNIA, ONTARIO
AGENDA Page
Closed Meeting - 3:40 p.m. Under Section 239 (2) of the Municipal Act
(b) personal matters about an identifiable individual, including municipal employees or local board with respect to the City Manager Position (c) a proposed or pending acquisition or disposition of land by the municipality with respect to the Bayside Mall
"O CANADA"
OPENING PRAYER Pastor Phil Kazek, 1st Baptist Church
REPORT OF THE CLOSED MEETING
Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof
DELEGATIONS
11 1. "Juiced" Bluewater Slo-Pitch Team - Canadian Championship Mens 'D' Division 2. Sarnia FC - Cheque Presentation 13-32 3. St. Clair River Area of Concern - Claude Lafrance, St. Clair River Remedial Action Plan Coordinator 33 4. Robert Clark - Concerns Regarding Council Members Running in Provincial/Federal Elections 35-46 5. Centennial Celebration Committee - Legacy Project Team - Refined Legacy Project
Page 1 of 303 Page
RESOLUTIONS:
Moved by Councillor McEachran, seconded by Councillor Gillis
CORRESPONDENCE
47-49 1. City Solicitor/Clerk, dated August 22, 2013, regarding City Hall – Chiller A/C units
That Council approve the sole source purchase and installation of a used 2 year old 125 Ton Trane roof top chiller from Abram Refrigeration & Systems for City Hall at a price of $111,936.00 (including non- rebateable portion of HST).
That Council approve the funding of the roof top chiller from the City Hall Building Reserve in the amount of $80,000.00 and from the Energy Management Reserve in the amount of $31,936.00.
That Council approve the reduction of the Sound System-Council Chambers project from $49,000.00 to $20,000.00 in order to cover the cost of the chiller A/C unit. 51-53 2. Director of Transit, dated August 23, 2013, regarding Spectrum Communications Radio Agreement Renewal (see by-laws #3 & #4)
That Sarnia City Council approves renewing the radio equipment Subscriber Agreement and Service Level Agreement with Spectrum Communications LTD; and
That the Mayor and City Solicitor/Clerk be authorized to sign the Subscriber Agreement and the Service Level Agreement. 55-72 3. City Solicitor/Clerk, dated September 3, 2013, regarding Idling By-Law (see by-law #6)
That Council approve the idling by-law. 73-75 4. Planning Manager, dated September 3, 2013, Part Lot Control Exemption By-law 1856-1860 Blackwell Road Southwest Builders Ltd. (see by-law #5)
Page 2 of 303 Page
CORRESPONDENCE
That Sarnia City Council authorize the Mayor and Clerk to sign a By-law under the provisions of Section 50(7) of the Planning Act, to exempt Lots 1, 2 and Block 4, Plan 25M-48 from the Part Lot Control provisions of the Planning Act, so that the lands can be divided into three (3) suburban residential dwelling lots. 77-80 5. City Engineer, dated August 29, 2013, regarding Award of Tender for Contract 9-2013 Penhuron Lane Watermain Reconstruction (see by-law #8)
That the low tender submitted by Henry Heyink Construction Ltd. for Contract 9-2013 Penhuron Lane Watermain Reconstruction, in the amount of $129,235.20 (including non-rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
That the Mayor and Clerk be authorized to sign the necessary agreements;
That the By-Law to authorize the reconstruction of watermain on Penhuron Lane be approved. 81-84 6. City Engineer, dated August 23, 2013, regarding Online Electronic Parking Ticket Payment Service (see by-law #9)
That Council authorize a three year agreement with Paymentus; allowing the public to use the Internet to make an online payment of parking tickets issued by the City. 85-88 7. City Engineer, dated August 30, 2013, regarding Award of Tender for Contract 11-2013 Lakeshore Road Intersections (Modeland Road and Blackwell Sideroad) Watermain Reconstruction (see by-laws #11 & #12)
That the low tender submitted by Van Bree Drainage and Bulldozing Ltd. for Contract 11-2013 Lakeshore Road Intersections Watermain Reconstruction, in the amount of $252,748.43 (including nonrebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
Page 3 of 303 Page
CORRESPONDENCE
That the Mayor and Clerk be authorized to sign the necessary agreements;
That the By-Law to authorize the temporary closing of Lakeshore Road and Modeland Road intersection for the purpose of watermainreconstruction and related works be approved;
That the By-Law to authorize the reconstruction of watermain at the intersection of Lakeshore Road and Modeland Road be approved. 89-92 8. City Engineer, dated August 29, 2013, regarding Award of Tender for Contract 10-2013 Thurston Avenue Storm Sewer and West Drain Extension (see by-laws #13 & 14)
That the low tender submitted by Birnam Excavating Ltd. for Contract 10-2013 Thurston Avenue Storm Sewer and West Drain Extension, in the amount of $157,150.65 (including non-rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
That the Mayor and Clerk be authorized to sign the necessary agreements;
That the By-Law to authorize the temporary closing of Thurston Avenue for the purpose of storm sewer construction and related works be approved;
That the By-Law to authorize the construction of storm sewer on Thurston Avenue be approved. 93-96 9. City Solicitor/Clerk, dated August 22, 2013, regarding RFP 13-118 – Supply and Delivery of Copiers
That City Council authorize the services and purchase of photocopiers as outlined in Proposal No. 13-118 from MC Business Solutions for a total cost of $43,372.15 including non-rebateable portion of HST;
That City Council authorize the funding of this purchase from the City Hall Printing and Machine Room Reserve.
Page 4 of 303 Page
CORRESPONDENCE
97-98 10. Director of Parks and Recreation, dated August 26, 2013, regarding Sarnia FC – Contribution to Norm Perry Memorial Park Project (see by-law #18)
That that the Mayor and City Solicitor/ Clerk sign the Licence Agreement as approved by Council;
That any funding not used on the Alix Field (Artificial Field project) be reserved as funding for a possible indoor artificial field complex. 99-102 11. City Engineer, dated August 30, 2013, regarding Award of Tender for Contract 8-2013 River Road Trail (see by- laws #16 & #17)
That the low tender submitted by Cope Construction for Contract 8- 2013 River Road Trail, in the amount of $114,491.19 (including non-rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
That the Mayor and Clerk be authorized to sign the necessary agreements;
That the By-Law to authorize the temporary closing of St. Clair Parkway for the purpose of trail construction and related works be approved;
That the By-Law to authorize the construction of the trail on St. Clair Parkway (River Road) be approved.
MINUTES
103-117 Minutes of July 15, 2013 - Regular Meeting Minutes of July 15, 2013 - Closed Meeting Minutes of August 7, 2013 - Closed Meeting Minutes of August 15, 2013 - Closed Meeting
INQUIRIES, INFORMATION AND URGENT MATTERS
ROUTINE APPROVALS, ACTION AND INFORMATION
Page 5 of 303 Page
ROUTINE APPROVALS, ACTION AND INFORMATION
119-121 A. City Solicitor/Clerk, dated September 3, 2013, regarding Update on Proposal to Open a Class “A” Bingo Hall
For Information 123-125 B. City Solicitor/Clerk, dated August 28, 2013, regarding Blackwell Road – Part 1 on 25R-9602 Dedication of Road Widening as Public Highway (see by-law #2)
That Sarnia City Council approve the By-Law to dedicate the lands known as Part 1 on 25R-9602 in the City of Sarnia as public highway forming part of Blackwell Road. 127-130 C. Councillor Gillis, dated September 4, 2013, regarding Request to Attend Communities in Bloom National Awards Conference
That Councillor Gillis be authorized to attend the Communities in Bloom National Awards Conference in Ottawa from October 23-26, 2013 131-133 D. City Solicitor/Clerk, dated September 3, 2013, regarding Update on Shareholder Resolution – Sarnia Power Corporation
For Information 135-142 E. Director of Finance, dated August 26, 2013, regarding Results of the Smart Water Meter Pilot Project as conducted by Bluewater Power
That the report from Bluewater Power be received and filed and that no further action be taken on the implementation of smart water meters at this time. 143-144 F. City Solicitor/Clerk, dated August 26, 2013, regarding Sarnia Accessibility Advisory Committee (SAAC)
That staff be directed to advertise as soon as possible for new members for appointment to the Sarnia Accessibility Advisory Committee. 145-147 G. City Engineer, dated September 3, 2013, regarding Penhuron Lane Easement – Water and Sewer
Page 6 of 303 Page
ROUTINE APPROVALS, ACTION AND INFORMATION
That the City accept a water and sewer easement from the owner of Penhuron Lane and that the Mayor and Clerk be authorized to sign all required documentation. 149-150 H. Corporation of the County of Essex, date July 19, 2013, regarding Deep Geologic Repository in Kincardine (Placed on the Agenda at the Request of Mayor Bradley)
For Council's Consideration 151-153 I. Director of Parks and Recreation, dated August 26, 2013, regarding Golden K Club – Payment for Services
For Information 155-156 J. City Solicitor/Clerk, dated September 3, 2013, regarding Amendment to the Municipal Law Enforcement Officers By-Law (see by-law #10)
That Sarnia City Council amends By-Law Number 134 of 1994, as amended, by revising Schedules “A”, “B” and “D” to reflect changes made to the Municipal Law Enforcement Officers By-Law. 157-158 K. Director of Finance, dated August 28, 2013, regarding Local Improvement Charge for 1873 London Line
That Council approve the local improvement charge payment terms for drainage work in the amount of $14,829.30 done by the City at 1873 London Line, to be paid to the City in one $3,000 installment and 4 subsequent annual installments of $3,336.00 from 2014 to 2017 159-160 L. City Engineer, dated August 23, 2013, regarding Standard Crossing Agreement with Sun Canadian Pipe Line Company Limited (see by-law #7)
That Council authorize the Mayor and Clerk to sign a Standard Crossing Agreement between Sun Canadian Pipe Line Company Limited and the Corporation of the City of Sarnia, required as part of the River Road Trail Construction. 161-162 M. City Engineer, dated August 14, 2013, regarding Kel-Gor Limited Wastewater Monitoring Agreement (see by-law
Page 7 of 303 Page
ROUTINE APPROVALS, ACTION AND INFORMATION
15)
That Council authorize the Mayor and Clerk to sign a Wastewater Monitoring Agreement with Kel-Gor Limited. 163-166 N. Director of Finance, dated August 27, 2013, regarding Funding of Amortization and Other Estimated Expenses for 2014
That Council receive and file the 2014 budget reconciliation with respect to the impact of amortization, post-employment benefits expense and solid-waste landfill closure and post-closure expenses. 167-170 O. Director of Finance, dated August 28, 2013, regarding Financial Analysis on Sarnia General Hospital Concept Plans
For Information 171-175 P. Planning Manager, dated September 3, 2013, regarding Request for Heritage Designation (197 London Road)
That Sarnia City Council proceed under the Ontario Heritage Act with the heritage designation of the property located at 197 London Road; and
That Council authorizes staff to proceed with a publication of the “Notice of Intent to Designate” for this property. 177 Q. City Manager, dated September 5, 2013, regarding Centennial Park Update
For Information
CIVIC REPORTS
179 1. Raffle Report - July 2013 181-183 2. Building Report - July 2013 185-186 3. Plumbing Report - June 2013
Page 8 of 303 Page
CIVIC REPORTS
187-188 4. Plumbing Report - July 2013
BY-LAWS
189-191 1. For 1st, 2nd and 3rd A By-Law to Confirm the Proceedings of Readings: Council at its meeting held on September 9, 2013 193-195 2. For 1st, 2nd and 3rd A By-Law to Dedicate Land in the City of Readings: Sarnia as part of Blackwell Road Re: Part 1 on 25R-9602 (see Agenda Info Item B) 197-202 3. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Spectrum Communications Ltd. Re: Service Level Agreement (see Correspondence #2) 203-218 4. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Spectrum Communications Ltd. Re: Subscriber Agreement (see Correspondence #2) 219-221 5. For 1st, 2nd and 3rd A By-law to Remove Certain Lands from Readings: Part Lot Control Re: 1856-1860 Blackwell Road – Southwest Builders Ltd. (see Correspondence #4) 223-230 6. For 1st, 2nd and 3rd Idling Control By-Law Re: Idling Control Readings: (see Correspondence #3) 231-242 7. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Sun Canadian Pipe Line Company Limited Re: Standard Crossing Agreement (see Agenda Info Item L) 243-245 8. For 1st, 2nd and 3rd A By-Law to Authorize the Reconstruction Readings: of a New Watermain on Penhuron Lane Re: Contract 9-2013 (see Correspondence #5) 247-256 9. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Paymentus Re: Online Parking Ticket Payment (see Correspondence #6) 257-261 10. For 1st, 2nd and 3rd A By-Law to Amend By-Law Number 134 Readings: of 1994 Re: Municipal Law Enforcement Officers By-Law (see Agenda Info Item J) 263-265 11. For 1st, 2nd and 3rd A By-Law to Authorize the Temporary Readings: Closing of Lakeshore Road for the Purpose of Watermain Reconstruction and
Page 9 of 303 Page
BY-LAWS
Related Works Re: Contract 11-2013 (see Correspondence #7) 267-269 12. For 1st, 2nd and 3rd A By-Law to Authorize the Reconstruction Readings: of a Watermain at the Intersection of Lakeshore Road and Modeland Road Re: Contract 11-2013 (see Correspondence #7) 271-273 13. For 1st, 2nd and 3rd A By-Law to Authorize the Temporary Readings: Closing of Thurston Avenue for the Purpose of Storm Sewer Construction and Related Works Re: Contract 10-2013 (see Correspondence #8) 275-277 14. For 1st, 2nd and 3rd A By-Law to Authorize the Construction of Readings: a New Storm Sewer on Thurston Avenue Re: Contract 10-2013 (see Correspondence #8) 279-286 15. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Kel-Gor Limited Re: Wastewater Monitoring Agreement (see Agenda Info Item M) 287-289 16. For 1st, 2nd and 3rd A By-Law to Authorize the Temporary Readings: Closing of St. Clair Parkway for the Purpose of Multi-Use Trail Construction and Related Works Re: Contract 8-2013 (see Correspondence #11) 291-293 17. For 1st, 2nd and 3rd A By-Law to Authorize the Construction of Readings: a New Multi-Use Trail on St. Clair Parkway (River Road) Re: Contract 8-2013 (see Correspondence #11) 295-303 18. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Sarnia Football Club Re: Contribution to Alix Field (see Correspondence #10)
ADJOURNMENT
Page 10 of 303 Delegation #1 - September 9, 2013
From: jason dickson Sent: August-07-13 1:14 PM To: Mike Bradley Subject: National Champions
Dear Mayor Mike I'm writing this to inform you of a slopitch softball team based out of Sarnia made up of all local guys, who just this past weekend travelled to Kelowna B.C to compete in the National Championships. That group of 13 guys played their hearts out and are bringing back the National title. Something many local teams have tried but have never actually accomplished. This is a huge deal. I don't know if there is much you or the city can do to recognize these guys but if there is. They deserve it.
Page 11 of 303 Page 12 of 303 St. Clair River Area of Concern Delegation #3
Presentation To: Sarnia City Council
- September 9, 2013 September 9, 2013
Claude Lafrance St. Clair River Remedial Action Plan Coordinator
Page 13 of 303
1 Purpose and Content
To provide a update on the progress to Delegation #3 delist the St. Clair River AOC.
• Accomplishments since 2011 -
September 9, 2013 • Sediment Management Options Project
• 2012-2017 Work Plan and Future Activities
Page 14 of 303
2 Background: Current BUI Status
Eight identified as “Impaired”:
Delegation #3 1. Restrictions on Fish and Wildlife Consumption 2. Degradation of Benthos (improved) 3. Restrictions on Dredging Activities (status review – 2013) - 4. Restrictions on Drinking Water Consumption or Taste and September 9, 2013 Odour Problems (status assessment proposed) 5. Beach Closings (status review planned) 6. Degradation of Aesthetics (propose to re-designate – 2013)
7. Added Costs to Agriculture and Industry (declared Page 15 of 303 unimpaired – 2012) 8. Loss of Fish and Wildlife Habitat (improving)
3 Background: Current BUI Status Four BUIs identified as “Requiring Further Assessment”:
1. Tainting of Fish and Wildlife Flavour (declared unimpaired Delegation #3 – 2011) 2. Degraded Fish and Wildlife Populations 3. Fish Tumours and Other Deformities (Environment Canada - (EC) studies with WIFN in 2013) September 9, 2013 4. Bird and Animal Deformities or Other Reproductive Problems (EC frog and turtle studies at WIFN in 2010 -11)
Two BUIs were “Not Impaired”:
Page 16 of 303 1. Eutrophication or Undesirable Algae 2. Degradation of Phytoplankton and Zooplankton Populations 4 City of Sarnia Participation
Representation on:
Canadian Remedial Action Plan Implementation Committee (CRIC) Delegation #3
Binational Public Advisory Council (BPAC)
- Sediment Technical Team September 9, 2013
Page 17 of 303
5 Recent Progress
Binational Re-designation of the “Tainting of Fish and Wildlife Flavour” BUI – August 2011 Delegation #3 Separation of the Exmouth and Christina Street combined sewers in Sarnia; Separation of Devine Street - combined sewers in progress September 9, 2013
2012 Revised Delisting
Page 18 of 303 Criteria
6 Recent Progress
2007-2010 Accomplishments Report published in May 2012
Upgrades to the Courtright and Delegation #3 Corunna Water Pollution Control Plants
- AOC Symposium September 9, 2013 held in June 2012
Continued Monitoring of Fish
Page 19 of 303 and Wildlife Habitat, Beaches, etc. 7 Recent Progress
Shoreline Restoration at Cathcart Park Delegation #3 Re-designation of “Added Costs to Agriculture or Industry” BUI – September 2012 - September 9, 2013
Page 20 of 303
Acquisition & Opening of
Peers Wetland in Chatham-Kent 8 2013 Recent Progress
Talfourd Creek Restoration Project • Aamjiwnaang First Nation environment department secured funding from the Ontario Community Environment Fund • Project involves: Delegation #3 • Shoreline protection to reduce erosion • Planting a riparian buffer in cooperation with SCRCA
• Reducing turbidity in the creek - September 9, 2013 AOC Benefits:
Contributes to Riparian Buffer Target Improves Aquatic and Terrestrial Habitat Reduces Turbidity caused by Shoreline Erosion
Page 21 of 303
9 Contaminated Sediment Management Options (SMO) Project
• Assessment report completed and SMO development initiated in 2009 Delegation #3 • Three areas of interest (AOI) south of Sarnia • A draft Sediment Management Options (SMO) report – -
2010 September 9, 2013 • Purpose - manage mercury contaminated sediment to prevent bioaccumulation in fish • Three additional field studies completed 2010-2012
Page 22 of 303 • Revised Draft Options report published in February 2013
10 Contaminated Sediment Management Options (SMO) Project
Sediment Technical Team to Determine Preferred Options for each AOI Delegation #3
Membership:
Sediment Management -
Environment Canada (co-chair) September 9, 2013 Goals: Ministry of the Environment (co-chair) • Control the source as it Aamjiwnaang First Nation contributes to Walpole Island First Nation downstream sites St. Clair Region Conservation Authority
• Promote local risk Page 23 of 303 Sarnia-Lambton reduction Environmental Association
11 Contaminated Sediment Management Options (SMO) Project
Priority Area Priority Priority
1 Area 2 Area 3 Delegation #3
Area (m2) 26,400 8,900 32,600 Volume (m3) 10,300 3,900 10,500 - Isolation Cap Cost $5,887,700 $2,288,000 $5,267,600 September 9, 2013
Hydraulic Dredge $10,764,000 $7,550,400 $10,353,200 Option Cost
Page 24 of 303 Blended Remedy – Hydraulic Not Dredging and $9,171,500 $9,419,800 Applicable Thin-Layer
Capping 12 Contaminated Sediment Management Options (SMO) Project
Public and First Nation Consultation completed in April 2013
Delegation #3
Pre-Consultation Meetings - October to January 2013 Open Houses and Presentation - February 12/13/20/26, March 4, 2013 - Follow-up/Feedback Meeting - April 10, 2013 September 9, 2013
Information
Page 25 of 303 Available on: www.scrca.on.ca
13 Contaminated Sediment Management Options (SMO) Project
Decisions were developed based on eight decision making criteria for each AOI: Delegation #3
1. Ability to achieve the sediment management goals with defined targets - 2. Technical feasibility (reliability, timeline, and construction and September 9, 2013 operation requirements) 3. Community Preference 4. Environmental impacts and human health implications 5. Need for measures to control and address residual contamination
Page 26 of 303 6. Requirement for chemical, biological and/or physical monitoring 7. Compliance with regulatory requirements 8. Overall project costs
14 Contaminated Sediment Management Options (SMO) Project
Technical Team members met May 22, 2013 to evaluate the options based on the decision making criteria: Delegation #3 • The agency specialists and industry members were unanimous in preferring dredging with backfill for each area of interest • Representatives from Aamjiwnaang and Walpole Island First - Nation communities attended and are consulting with their September 9, 2013 communities before providing a response on preferred alternatives • Following a response from the First Nation communities, a recommendation will be made to senior levels of government
Page 27 of 303
15 Options Preferred by Technical Team members
Priority Area 1 Priority Area 2 Priority Area 3 Delegation #3 - September 9, 2013
Page 28 of 303 Hydraulic Dredging Hydraulic Dredging Hydraulic Dredging with Thin-Layer with Thin-Layer with Thin-Layer Backfill Backfill Backfill
16 Contaminated Sediment Management Options (SMO) Project
Next Steps:
Delegation #3 2013 – Sediment Technical Team to determine preferred options using decision making framework • Receive endorsement from key partners (CRIC, BPAC, WIFN, AFN) - • ENVIRON prepares final report September 9, 2013
2013 – Technical Team provides recommendations to government and prepares requests for funding
2013 – Government selection of preferred option(s)
Page 29 of 303 Spring 2014 – Initiate detailed engineering design and environmental assessment
2015/2016 – Peer review, tender, award and mobilization
2016/2017 – Implementation of preferred option(s) 17 2012-2017 Work Plan
• Developed by subcommittees of CRIC
• Includes continued Delegation #3 collaboration with all communities and partners
• Anticipated to be the last - work plan prior to delisting September 9, 2013
Available online:
Page 30 of 303 Friends of the St. Clair River www.friendsofstclair.ca
18 2012-2017 Work Plan Highlights
71 Priority Actions identified
Anticipated Next BUI Assessments: 1. Bird or Animal Deformities or Reproductive Problems Delegation #3 2. Restrictions on Dredging Activities 3. Restrictions on Drinking Water Consumption or Taste and Odour Problems 3rd Year of Beach - 4. Beach Closings Sampling September 9, 2013
Other Highlights:
Page 31 of 303 Continue habitat creation and restoration Brown Bullhead study on Walpole Island 19 Thank you Delegation #3
Claude Lafrance St. Clair River RAP Coordinator St. Clair Region Conservation Authority -
205 Mill Pond Crescent September 9, 2013 Strathroy, Ontario N7G 3P9
[email protected] (519) 245-3710
For more information; Page 32 of 303 www.scrca.on.ca or www.friendsofstclair.ca
20 Delegation#4 - September 9, 2013
Mike and
this letter with Marie Gillis aware Ms. has ae(:Jm~a to run for the Liberal seat in the is my since she decided her fate then she must withdraw her seat on council at this time. It is not proper have do both this or any time as she seems that would be for her.
Robert Clark
Page 33 of 303 Page 34 of 303 Refined Legacy Project Delegation #5
Sarnia Centennial - Celebration 2014 September 9, 2013
City Council Meeting – Sept. 9, 2013
Page 35 of 303 Revised Scope in Dec. 2012
Event Centre Delegation #5 • Located on Dow People Place footprint • New fabric sail roof • Refurbished concession area, stage and - washrooms September 9, 2013
Family Gathering Space • West of MacLean Centre
Page 36 of 303 • Skating rink, Jumping Fountain, Fireplace and Donor Wall Good news since Dec. 2012
Fundraising Status • $1.5 million donated to date Delegation #5 – $1,100,000 in cash – $ 400,000 “in kind” donations - September 9, 2013
Conditions on large donations • Want to see approval from City first
• Complete construction in 2014 Page 37 of 303 • Federal grant submission on hold
Challenges since Dec. 2012
May -> today Delegation #5 • Park closed because of soil concerns • Media releases for donations postponed - • Golder engaged to work with City and MOE September 9, 2013 to identify scope of soil issues and remediation plan July
Page 38 of 303 • Report to Council on project status More Good news in the summer
July Delegation #5 • Tensile structure group visits Park site August - • Group provides a proposal that takes into September 9, 2013 consideration project budget and current Park restrictions • Legacy Project chairs have met with Golder
Page 39 of 303 and MOE on this proposal
Event Centre Proposal
• Relocated to MacLean Centre location • Advantaged location: Delegation #5 • Can be seen from all directions • Orientation selected ergonomically - September 9, 2013 • Seating for 360 on hard surface • Additional seating up to 750 in the landscaped berm area • Delivers a remediated site
Page 40 of 303 • Additional washroom facilities
Delegation #5 - September 9, 2013
Page 41 of 303 Family Gathering Space
• Relocated to DPP location • Ice rink under existing roof, re-painted with Delegation #5 epoxy paint
• Fireplace and jumping fountain outside of covered - roof area September 9, 2013 • Landscaped berms with bench seating • Optional future shade sails to coordinate with
event centre Page 42 of 303
Rendering of DPP area
Again may not use previous slide – just
the rendering of the Gathering place Delegation #5 - September 9, 2013
Page 43 of 303 Benefits to City
• Legacy Project area of the Park can be reopened Delegation #5 for public use • Soil remediation in the areas of both the McLean
Centre and DPP are addressed - September 9, 2013 • Sustainability of Event Centre is enhanced • Additional washrooms are provided • McLean Centre is removed
Page 44 of 303 Next Steps
• Public input session Sept 17th, 4-6 pm Delegation #5 • Ensure MOE agreement on proposed remediation impact for both McLean Centre and
DPP areas - September 9, 2013 • Finalize budget pricing • In Oct, deliver finance report to Council on City contribution and put forth motion to approve
Page 45 of 303 project
Delegation #5 - September 9, 2013
Cl ORNER SARNIA COUNCil MEETING§ ·~· 11 "'•1" scheduled meeting of Sarnia City Council will be held ~·""""'"' l::)eotemoer 9th, 2013. This meeting will be held :""''"'""''"' main floor Hall.
Page 46 of 303 Correspondence #1 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian Knott, City Solicitor/Clerk
DATE: August 22, 2013
SUBJECT: City Hall – Chiller A/C units
Recommendations: It is recommended:
1. That Council approve the sole source purchase and installation of a used 2 year old 125 Ton Trane roof top chiller from Abram Refrigeration & Systems for City Hall at a price of $111,936.00 (including non-rebateable portion of HST). 2. That Council approve the funding of the roof top chiller from the City Hall Building Reserve in the amount of $80,000.00 and from the Energy Management Reserve in the amount of $31,936.00. 3. That Council approve the reduction of the Sound System-Council Chambers project from $49,000.00 to $20,000.00 in order to cover the cost of the chiller A/C unit.
Background: The roof top chiller at City Hall is almost 25 years old and is the only source of cooling for the facility during the summer months. Since the installation date of the roof top chiller in 1988, regular maintenance has been scheduled to maintain this piece of equipment. All mechanical equipment has a life cycle and this piece of equipment has reached its end and is in need of immediate replacement in the fall of 2013. This unit needs to be replaced before next summer and the City has an opportunity to purchase a used unit now at a reduced price. At this time, only 2 compressors out of the 5 are operational and during the most recent heat wave only one was working. The next heat wave could result in a total system failure of the chiller and put the building in a serious situation. Abram Refrigeration & Systems has been contacted many times to keep the system operational. Maintenance of
Page 47 of 303 Correspondence #1 - September 9, 2013
this equipment is costly and does not represent good use of the maintenance budget.
Comments: Abram Refrigeration & Systems has been maintaining this piece of equipment for many years and have made recommendations for replacing components such as the five compressors and repairs to the condenser unit. They would not be able to guarantee the repairs especially to the condenser unit because of its age. The cost to repair and replace 5 compressors would be approximately $40,000.00. As this is an emergency situation, the Property Manager has looked at other options to replace the roof top chiller unit and has contacted Abram for quotes.
The City has a rare opportunity through Abram to purchase a used 2 year old high efficiency 125 Ton Trane roof top chiller. This high efficiency chiller would have 2 modulating compressors compared to the inefficient 5 compressor system that has been in place for almost twenty five years. We would find immediate energy savings because of the up to date technology. Further savings would be realized by changing out the inefficient air handler motor that currently runs 24/7. This electric motor has been repaired once in the past but it is recommended that a new 3 phase high efficiency motor be installed with a VFD (variable frequency drive). The VFD allows the user to program the air handler motor to run at different speed during the working day, evening and throughout the night when the facility is unoccupied. The savings is immediate and the payback period would be eleven months on the VFD. The cost of the VFD installed is $11,250.00. After an eleven month period we would see an annual energy savings of approximately $12,000.00.
The total cost for the used 2 year old 125 Ton Trane chiller, new 3 phase electric motor, VFD and roof top transformer without tax is $110,000.00 installed. The total cost including non-rebateable HST is $111,936.00. The City will find energy savings with the new air handler motor, VFD and with the used roof top chiller. Abram also submitted a quote for a new Trane roof top chiller (same model as used) with all the same features to be added for high efficiency and the total came in at $154,888.00 installed without tax.
It is being recommended that this purchase be approved as a sole source due to the opportunity of purchasing the used unit. Savings of approximately $43,000.00 will be realized through the purchase of the used unit.
Consultation: The Property Manager has been in Consultation with Abram Refrigeration & Systems, Durell Controls and Preferred Electric to determine the best
Page 48 of 303 Correspondence #1 - September 9, 2013
solution. This information has been discussed with the Director of Finance and the City Solicitor/Clerk.
Financial Implications: The total cost of the used chiller A/C unit is $111,936.00 (including non- rebateable portion of HST). The City Hall Building Reserve and Energy Management Reserve are the proper funding sources for this project; however both Reserves are underfunded and cannot finance the purchase without the reduction in the Sound System-Council Chamber project. This project was originally approved for $49,000.00 which included the installation of a new audio and visual system. Staff is recommending that this project be reduced to $20,000.00 and that the replacement of only the sound system occur.
After this change, the City Hall Building Reserve would have an uncommitted balance of $102,837.00 and the Energy Management Reserve would have an uncommitted balance of $38,961.00. $80,000.00 would be used from the City Hall Building Reserve and $31,936.00 would be used from the Energy Management Reserve for the purchase of the chiller unit.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Vince Wijsman, Property Manager
Attachment(s): None
Page 49 of 303 Page 50 of 303 Correspondence #2 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
TRANSIT DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Jim Stevens, Director of Transit
DATE: August 23, 2013
SUBJECT: Spectrum Communications Radio Agreement Renewal
Recommendation: It is recommended:
1. That Sarnia City Council approves renewing the radio equipment Subscriber Agreement and Service Level Agreement with Spectrum Communications LTD; and
2. That the Mayor and City Solicitor/Clerk be authorized to sign the Subscriber Agreement and the Service Level Agreement.
Background: On July 14, 2008 Sarnia City Council approved a Radio Equipment Lease and Service Agreement with Spectrum Communications LTD. which expired on July 13, 2013. The radio equipment is utilized by the Public Works and Transit Departments.
During the current agreement three radio related changes have evolved affecting both departments:
1. The Transit Department requires software upgrades to the current radio system to include a more reliable Automated Vehicle Location (AVL) system for improved safety and security of transit operations;
2. The Public Works Department requires the same AVL software upgrades to properly monitor and track legislated road maintenance; and
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3. The Ministry of Transportation has granted a five year exemption to the Hand Held Devices Legislation until January 1, 2018 for public service agencies which includes Sarnia Public Works and Sarnia Transit. This exemption will allow time for the radio industry to further develop hands-free technologies which are not currently available.
Comments: Over the past year and a half the Transit Department has been testing various radio AVL applications which operate using the radio airwaves. These pilot projects were provided by Spectrum Communications at no cost to the City.
These specific products did not meet the requirements of the department and Spectrum Communications has since tested and recommend a better product which is used in other municipalities. For Spectrum Communications to purchase, customize and implement this new AVL software, the cost is approximately $20,000. They have proposed renewing the radio agreement for an additional five years and in turn they will absorb these additional costs over the term of the agreement.
Spectrum Communications has proposed: • renewing the agreement for an additional five years at the current monthly rates of $24.95 per radio; • include the current buyout of the radio equipment in the contract renewal in the amount of $9,000 now due by the City under the current agreement, and spreading this cost over the duration of the contract renewal period bringing the monthly per radio cost to $26.65; and • Spectrum will include the new AVL software/hardware purchase, customization, installation and support as part of the agreement at no additional charge.
The benefits with renewing the agreement are: • Customization and implementation of the AVL software and related hardware will move quickly and seamlessly for both departments over the next 60 days at no cost to the City; • The current monthly per radio costs are maintained over the term of the agreement with the exception of an annual percentage increase based on the Stats Canada Consumer Price Index; • Spreading out the buyout costs of the radio equipment over the duration of the renewal agreement eliminates any current 2013 budget implications; • The current radio inventory is in good working condition and repair parts are readily available, therefore any new radio equipment is not
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anticipated to be required during the next five years while the Ministry’s five year exemption applies; and • The time and labor intensive Request For Proposal process is delayed during the short period of time the Highway Traffic Exemption applies, which allows time for the radio industry to further develop hands-free technologies or alternatives required by the departments.
Consultation: This renewal proposal and related technology has been reviewed by the Director of Finance, Purchasing Manager, Public Works Superintendent, Public Works Manager of Operations, Information Technology Manager, Transit Maintenance Supervisor and Director of Transit.
This report has been reviewed by the City Manager, City Solicitor/Clerk, Director of Finance, Purchasing Manager, and Public Works Superintendent.
Financial Implications: Financial implications have been identified in this report and the cost to the City is $203,392.80 (net of HST rebate) over 5 years which is included in the departmental annual operating budget.
Prepared by: Approved by:
Jim Stevens Lloyd Fennell Director of Transit City Manager
c. B. Knott B. McKay S. Unsworth B. Prouse D. Robertson R. Marshall I. Peters
Page 53 of 303 Page 54 of 303 Correspondence #3 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-3995 (fax) 519-332-2664 (TTY) www.sarnia.ca [email protected]
September 3, 2013
Mayor Bradley and Members of Sarnia City Council:
Re: Update on Idling By-Law
At the last Council meeting, the proposed Idling By-Law was tabled for staff to review any comments and make corrections as may be necessary to the draft by-law. Comments received both during and after the meeting included issues related to:
• Enforcement • Clarification of various definitions i.e. ‘vehicle’ • Exemption provisions i.e. farm vehicles, diesel • Allowed time for idling i.e. 1 minute in 60 minute period
The report and the original draft By-Law have also been attached. We have noted below some of the items in question and any necessary proposed changes to the By-Law.
Definition-vehicle
Concerns were expressed about the use of the word vehicle within the definition for “vehicle”, and this definition has now been amended to reflect more closely the definition as contained in the Highway Traffic Act for a vehicle.
Exemption Provisions
A question was raised as to whether gasoline or diesel engines should be treated differently. The issue of idling engines and the environmental/health impact for either type of engine still exists. In staff’s review of other By-
Page 55 of 303 Correspondence #3 - September 9, 2013
Laws, they did not see any differentiation between these type of engines, and no changes have been made in this regard.
A further question was raised with respect to farm vehicles. In consideration of the fact that a large section of our community is actively farmed, the By- Law has been changed to provide an exemption for agricultural equipment while being operated on agricultural property.
Allowed Time for Idling - 1 minute within a 60 minute period
The provision of a limited time for idling within a 60 minute period is a common component in most of the municipal by-laws reviewed or promoted as model by-laws. The intent of these provisions was to ensure that engines would not be repeatedly turned on for a period under a minute and then turned off and then started up again with the end result that idling would occur well beyond the intended time period. It was never intended that the enforcement staff would wait around for an extended period or follow vehicles to ensure they complied with the rules. In discussions with parking staff, it has been indicated, however, that it would be easier for their enforcement of the By-Law if they were only dealing with the issue of idling for more than a minute and the reference to the 60 minute time period has been removed.
Enforcement
It is acknowledged that the idling by-laws in force in other municipal jurisdictions have had limited enforcement by their respective staff. The City’s parking staff are prepared to enforce the By-Law, if implemented, but the emphasis will be more on education with warnings being issued as the public becomes more accustomed to the By-Law.
The changes to the By-Law set out above have been reviewed with representatives from the Community Round Table Environment Committee, and they are content with the changes.
The Community Round Table Environment Committee has also provided a short synopsis of the process and community involvement in the idling By- Law over the last few years, and this has been attached for Council’s information. From the beginning, it was intended that this be a three-stage process with emphasis on a lengthy education campaign.
Page 56 of 303 Correspondence #3 - September 9, 2013
The By-Law as amended has been included in the By-Law section of the agenda for Council consideration.
Sincerely,
Brian W. Knott City Solicitor/Clerk
Attachments: Report and Original Draft By-Law Community Round Table Process
Page 57 of 303 Correspondence #3 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian Knott, City Solicitor/Clerk
DATE: June 9, 2013
SUBJECT: Idling Bylaw
Recommendation: 1. That Council approve the idling by-law.
Background: As recommended by the Community Round Table Environmental Committee, Council previously approved a 3 tiered approach to the issue of idling:
1. City staff develop an in-house policy regarding idling of city vehicles (Adopted by Council January 11, 2010) 2. Public education be conducted in tandem with the in-house policy (ongoing since 2008) 3. Develop a city by-law that is informative and empowers citizens based on the Natural Resources Canada Model Idle Control By-Law
The first two phases have now been completed.
Comments: A draft idling by-law was provided to Council in March. A staff public meeting was held in April, the minutes of which are attached. No changes were made to the bylaw subsequent to the public meeting.
The by-law will be enforced by parking staff. An e-mail showing the survey results of Cambridge, Windsor, London, and Hamilton enforcement practices is attached.
Consultation: The by-law is consistent with a number of other municipal idling by-laws. The Community Round Table group, and in particular, the Environmental
Page 58 of 303 Correspondence #3 - September 9, 2013
Committee have been involved as champions of the program to implement idling initiatives for the City of Sarnia, and they have reviewed the proposed by-law. City departments have also been consulted on potential changes to the in-house policy regarding idling of City vehicles. If the bylaw is passed the policy will be amended accordingly.
Financial Implications: None.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Scott McEachran, Assistant Solicitor
Attachment(s): E-mail showing survey results Minutes of Public Meeting
Page 59 of 303 Correspondence #3 - September 9, 2013
From: Mike Berkvens Sent: June-13-13 8:59 AM To: Brian Knott; Andre Morin Cc: Scott McEachran; Brad Loosley; Lloyd Fennell Subject: RE: Idling bylaw Brian
Below are the results of our survey:
City of Cambridge - Enforced by Parking
- One education, warnings
- City’s policy for school zones and around City Hall only
- Fine $40
- one minute idling
- # of Tickets---- 2-6 per year
- # of warnings----3-4 per year
- No Policy on enforcement. Zero tolerance at school zones.
City of Windsor - enforced by Municipal Law Enforcement
- ticketing on complaint bases
- 5 minutes in a 60 minute period
- Any person guilty of an offence
- # of Tickets---- 0 per year
- # of warnings----0 per year
- By-Law needs to be revised.
City of London - enforcement by Municipal Law Enforcement
- two minute idling
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- Any person convicted under this By-law is liable to a minimum fine of $50.00 and a maximum fine of $5,000.00.
- where the person convicted is a corporation, the corporation is liable to a minimum fine of $50.00 and a maximum fine of $10,000.00.
- London have advertised blitz days where they give out warnings and if not complied will ticket
- # of Tickets---- 0 per year
- # of warnings----0 per year
- No Policy on enforcement. Planned blitz once or twice a year near Hospitals, Schools and Transit Station.
City of Hamilton Municipal Law Enforcement Officers under the City’s Parking and By-Law Services enforce the idling by-law
- Any person who contravenes the idling by-law is guilty of an offence and upon conviction liable to a fine of not more than $5,000.
- The by-law limits vehicle idling to no more than 3 consecutive minutes in a sixty minute period
- The by-law applies to the entire City of Hamilton
- Complaint driven enforcement
- # of Tickets---- 0 per year
- # of warnings----0 per year
- No Policy on enforcement. Mike
Page 61 of 303 Correspondence #3 - September 9, 2013
MINUTES OF THE PUBLIC MEETING PROPOSED IDLING BY-LAW
TUESDAY, APRIL 23rd, 2013 5:00 p.m. COUNCIL CHAMBERS, CITY HALL SARNIA, ONTARIO
1. Welcome and Introductions Brian Knott City Solicitor/Clerk called the meeting to order and introduced the staff present.
2. Proposed By-Law Review Brian Knott discussed the 3-pronged approach: in-house policy, public education, and by-law. He advised that the draft by-law is similar to by-laws adopted by other municipalities.
3. Speakers Mr. Bob Whyte of 111 Watson St. indicated that there are other ways to control pollution such as traffic signal optimization. He discussed the benefits of traffic signal optimization which include gas savings, traffic delay reductions, and cost recovery for City vehicles.
Ms. Mabel Higgins of the Community Round Table Environment Committee advised that the committee has been working on this since 2007. She discussed the widespread outreach and education programs that the group has been involved with.
Ms. Janet Fisher of the Community Round Table Environment Committee requested that the by-law be reviewed every few years to allow for continuous improvement. She inquired about the enforcement process, and the City Solicitor/Clerk advised that the Sarnia Parking Authority would primarily be responsible for enforcement.
Ms. Alison Mahon of the Community Round Table Environment Committee stated that it is important to work with people to change behaviours. The group worked with the Business Sustainability
Page 62 of 303 Correspondence #3 - September 9, 2013
Initiative and consulted with a behavioural psychologist. She discussed the education programs through schools and at Artwalk. She indicated that enforcement should begin with warnings and education, eventually leading into fines.
Ms. Joanne Ward-Iaccino of 243 Trudeau Drive spoke in opposition to the proposed by-law as she does not feel that it is appropriate to micromanage the behaviours of law abiding citizens. She stated that the by-law is an affront to the civil liberties of the community. She feels that the by-law would be unenforceable.
4. Process The City Solicitor/Clerk indicated that minutes of the meeting would be prepared and comments would be provided to Council when it considers the adoption of the proposed by-law.
5. Adjournment
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BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“Idling Control By-Law”
(Re: Idling Control)
WHEREAS section 11 of the Municipal Act, 2001, provides that a local municipality may pass by-laws respecting the health, safety and well-being of persons;
AND WHEREAS motor vehicles are sources of particulate matter, nitrogen oxide, carbon monoxide, carbon dioxide, sulphur oxide, volatile organic compounds and greenhouse gas emissions;
AND WHEREAS an idling engine consumes fuel and emits pollutants which impacts Sarnia’s air quality without the benefit of propelling the vehicle or performing a function;
AND WHEREAS air pollution in the City of Sarnia is associated with adverse health effects, including acute and chronic effects on respiratory health, especially among the very young, the elderly, and those with respiratory ailments;
AND WHEREAS the City of Sarnia has committed to reducing greenhouse gas emissions and air pollutants;
AND WHEREAS section 428 of the Municipal Act, 2001, authorizes that a by-law may provide that, where a vehicle has been left parked, stopped or standing in contravention of a by-law passed under this Act, the owner is guilty of an offence, even though the
Page 64 of 303 ORIGINAL DRAFTCorrespondence #3 - September 9, 2013
owner was not the driver of the vehicle at the time of the contravention of the by-law;
THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows: PART 1 DEFINITIONS 1.1 In this By-Law:
"Idle" means the operation of a vehicle engine while the vehicle is not in motion and "idling" has a corresponding meaning.
“Drive-through” means that portion of a commercial property that is designated as a drive-through on an approved site plan, and posted with appropriate signage as a drive-through.
“Smog Day” means a day when the Air Quality Health Index issued by Environment Canada is 7 or more.
"Vehicle" means any vehicle that uses a motor as a source of power, including but not limited to an automobile, trailer, traction engine, farm tractor, motorcycle, snow mobile, all-terrain vehicle, boat, bus, self-propelled implement of husbandry, or a road-building machine, but does not include an airplane or any vehicle designed to run exclusively on rails.
PART 2 GENERAL PROHIBITION 2.1 No person shall cause or permit a vehicle or engine to idle for more than one minute in a 60-minute period.
Page 65 of 303 ORIGINAL DRAFTCorrespondence #3 - September 9, 2013
PART 3 EXCEPTIONS 3.1 Section 2.1 does not apply to: (a) Police, fire or ambulance vehicles while engaged in operational activities, except where idling is substantially for the convenience of the operator of the vehicle;
(b) Vehicles assisting in an emergency activity;
(c) Work vehicles in the process of using a lift, pump, power take off, heating or refrigeration system for the preservation of cargo, or other activities for which the engine must remain in operation, provided the work vehicle is engaged in its basic work function.
(d) Vehicles for which idling is required to service the engine or conduct repairs;
(e) Armoured vehicles in which a person remains inside the vehicle while guarding the contents, or while the vehicle is being loaded or unloaded;
(f) Vehicles remaining motionless because of an emergency, traffic, weather conditions, or mechanical difficulties over which the driver has no control;
(g) Vehicles complying with the Highway Traffic Act to defrost windshields.
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(h) Vehicles engaged in the course of a parade or race or any other event authorized by Council;
(i) Vehicles idling while passengers are embarking or disembarking;
(j) Vehicles when operated on the traveled portion of a Drive-through lane;
(k) Vehicles when the ambient outside temperature is more than 30°C or less than 0°C, except when it is a smog day; or
(l) Where a medical doctor certifies that a person within the vehicle requires that the temperature or humidex be maintained within a certain range and the certificate is kept on the person.
PART 4 ADMINISTRATION & ENFORCEMENT
4.1 Fine For Contravention Any person who contravenes any provision of this By-Law, is upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. Set fines are attached on Schedule “A”.
4.2 Owner – guilty of offence Where a Vehicle is in contravention of this by-law, the owner of the vehicle is guilty of an offence, even though the owner was not the driver of the Vehicle at the time of the contravention of the by-law,
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and is liable for the fine for the offence unless, at the time of the offence, the Vehicle was in the possession of another person without the owner’s consent
4.3 Continuation Repetition Prohibited By Order The court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted.
4.4 Administration This By-Law may be enforced by any City of Sarnia By-Law Enforcement Officer or by any Police Officer.
4.5 Severability Each of the foregoing provisions of this by-law is severable and if any provisions of this by-law should be declared invalid by any court, for any reason, it is the intention and desire of this Council that each and every one of the remaining provisions shall remain in full force and effect.
4.6 Effective Date This By-Law to come into force and effect on the 1st day of January, 2014.
Page 68 of 303 ORIGINAL DRAFTCorrespondence #3 - September 9, 2013
FINALLY PASSED this 15th day of July, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 69 of 303 ORIGINAL DRAFTCorrespondence #3 - September 9, 2013
SCHEDULE “A”
SET FINE SCHEDULE
THE CORPORATION OF THE CITY OF SARNIA
PART 1 – Provincial Offences Act
Idling Control By-Law ____ of 2013
ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine Offence ______
1. Causing or permitting a vehicle or engine to idle for more than one minute in a 60-minute period. Section 2.1 $100.00
Page 70 of 303 ORIGINAL DRAFT
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“Idling Control By-Law” Correspondence #3 (Re: Idling Control)
READINGS: - September 9, 2013 FIRST: July 15, 2013
SECOND: July 15, 2013
THIRD: July 15, 2013 Page 71 of 303
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department, City Hall Sarnia, Ontario N7T 7N2
Correspondence #3 - September 9, 2013
MEMO To: Mayor Bradley & Members of City Council From: Community Round Table Environment Committee Date: September 4, 2013 Re: Background Information related to the Draft Idling Bylaw
The Community Round Table Environment Committee, at City Council’s request, is very pleased to be working with the City of Sarnia to address vehicle idling. Its work is based on the 2007 Environmental Summit which was focused on individual actions to improve the environment. A key goal identified by citizens at the Summit was air quality and the development of an idling bylaw for Sarnia.
The Committee recommended that City Council follow a staged approach to the idling issue which was unanimously accepted by City Council on September 30, 2009. The approach adopted by Council was: City staff develop an in-house policy regarding the idling of city vehicles (adopted by Council January 11 2010) Public education be conducted in tandem with the in-house policy (ongoing since 2008) Develop a City bylaw that is informative and empowers citizens based on the Natural Resources Canada Model Idle Control By-Law
Since 2008, the City’s in-house policy has been adopted and the Committee has been working in partnership with many groups & organizations on the public education component. The following has been accomplished: Idle free zones exist at City Hall, Jerry McCaw Family Centre (YMCA), Lambton College, Bluewater Power, Pathways Health Centre for Children Letters of support for an anti-idling bylaw submitted by the Sarnia & District Labour Council, Lambton College, Occupational Health Clinics for Ontario Workers – Sarnia-Lambton, Canadian Federation of University Women Sarnia-Lambton Presentations to public high school groups, Chamber of Commerce Green Belt Committee Idle free poster contest for high school students displays/exhibits at Art Walk, First Friday, libraries, Social Justice Film Festival, LCBO distribution of literature including posters, idle free kits, and decals across Sarnia – City Hall, Bluewater Bridge, taxi companies, vehicle repair shops (Canadian Tire, Honda), driving training facilities, banks, churches, fitness facilities, TransAlta, Chamber of Commerce, child care centres, libraries collaboration with child care centres and Early Childhood Education Supervisor’s Group to decrease vehicle idling at drop off/pick up points for children strategy development with the NRCan (Ministry of Natural Resources Canada), DADA (Dads Against Dirty Air) Canada, Doug McKenzie-Mohr on fostering sustainable behaviour student government at St. Michael’s Elementary School has developed a campaign with the school community to decrease vehicle idling at their school; they have presented to the School Board and donated funds to another school to further their action on this problem over 8000 idle free decals have been distributed to citizens
Enforcement is an important component in encouraging behaviour change. The Committee did propose that implementation of the bylaw begin with an initial grace period of awareness blitzes and warnings as opposed to fines in order to generate additional community commitment.
We remain committed to working with the City of Sarnia on the enactment of an idle free bylaw and public education. We believe that the proposed bylaw supports the City’s sustainability initiatives and encourages and supports all members of the community – individuals, business, industry and government – to recognize and understand their individual and collective impact on Sarnia’s environment. Page 72 of 303 Correspondence #4 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PLANNING AND BUILDING
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Kevin Edwards, Planning Manager
DATE: September 3, 2013
SUBJECT: Part Lot Control Exemption By-law 1856-1860 Blackwell Road Southwest Builders Ltd.
Recommendation: It is recommended:
1. That Sarnia City Council authorize the Mayor and Clerk to sign a By- law under the provisions of Section 50(7) of the Planning Act, to exempt Lots 1, 2 and Block 4, Plan 25M-48 from the Part Lot Control provisions of the Planning Act, so that the lands can be divided into three (3) suburban residential dwelling lots.
Background: The 1.03 hectare parcel (2.54 ac.) of lands which was approved as Lots 1, 2 and Block 4, in Subdivision Plan 25M-48 in 2012, was proposed to be developed for 4 suburban residential dwelling lots. The Owner would now like to divide the land into 3 suburban residential dwelling lots.
Comments: When a Plan of Subdivision has been approved under the Planning Act and registered, a landowner may sell any whole lot or Block on that registered plan.
However, a landowner may not sell a part or a piece of a Lot or Block on a registered plan without further approval (consent to sever or subdivision) under the Planning Act. This is referred to as Part Lot Control and has the effect of preventing any division of land in a registered plan, other than that allowed for in the approved plan of subdivision, without further approvals.
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Section 50(7) of the Planning Act, enables the municipality to pass a by-law to remove Part Lot Control from any part of the registered plan of subdivision (Plan 25M-48) so that the lands may be split differently into the desired three (3) suburban residential dwelling lots, without requiring the approval of the Committee of Adjustment or Council, provided they comply with the requirements of the Zoning By-law.
The exemption by-law would expire in three (3) years from the date of enactment. If the subject lands have not been reconfigured at that time, the exemption will lapse and the existing subdivision would reapply.
Conclusion: Staff support the requested exemption which will allow for the Plan of Subdivision to be reconfigured from 4 lots to 3 single detached suburban residential lots (as shown on the attachment). The proposal would confirm to the provisions Zoning By-law 85 of 2002 and the by-law will be repealed after the desired transactions have been completed.
Consultation: Staff have consulted with staff of the City’s Legal Services and Engineering Departments in preparation of this report.
Financial Implications: There are no financial implications.
Reviewed by: Approved by:
Kevin Edwards Lloyd Fennell Planning Manager City Manager
This report was prepared by Max Williams – Planner II
Attachment: Plan of Existing and Proposed Lot Layouts
Page 74 of 303 Correspondence #4 - September 9, 2013
Attachment 1: Plan of Existing and Proposed Lot Layouts
Page 75 of 303 Page 76 of 303 Correspondence #5 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
Engineering Department
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: August 29, 2013
SUBJECT: Award of Tender for Contract 9-2013 Penhuron Lane Watermain Reconstruction
Recommendation: It is recommended:
1. That the low tender submitted by Henry Heyink Construction Ltd. for Contract 9-2013 Penhuron Lane Watermain Reconstruction, in the amount of $129,235.20 (including non-rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
2. That the Mayor and Clerk be authorized to sign the necessary agreements;
3. That the By-Law to authorize the reconstruction of watermain on Penhuron Lane be approved.
Background: In accordance with normal Council procedures, the following tenders were opened on Tuesday, August 27, 2013 at 3:00 P.M. in the Council Chambers in the presence of Shawn Unsworth (Purchasing Department), Tami Lewis (Clerk’s Department), Dave Scott, Gerry Hawley and Robert Williams (Engineering Department) and interested members of the public. The tenders were forwarded to the Engineering Department for study and the preparation of a report to Council.
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The following tenders were received and opened:
Contractor Bid Price (Including H.S.T) Henry Heyink Construction $143,510.00 Van Bree Drainage and Bulldozing Ltd. $156,643.99 Omega Contractors Inc. $167,796.97 Tri-Con Excavating $182,775.24 Cope Construction $184,357.24
Comments: The contract includes the installation of new watermain on Penhuron Lane to provide improved flow and water quality to residents in this area.
The Engineering Department is satisfied that the low bid is complete in every way and that Henry Heyink Construction Ltd. is comfortable with their submission.
Consultation: Throughout the design and preparation of the tender document, the following departments and agencies were consulted for input: residents of Penhuron Lane, Public Works and local utilities.
Financial Implications: The construction component of this project is to be funded from the Council approved capital project for Watermain Replacements at Various Locations. There is sufficient funding for this project which will utilize a portion of the $1,100,000.00 approved in the 2013 Capital Budget as well as a portion of unused funding, approximately $381,000.00 for the 2012 Capital Budget for Watermain Replacement at Various Locations.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Robert Williams, Construction Manager
Attachment(s): Map of Construction Area; Copy of Tender Results from Licensing Clerk
Page 78 of 303 Correspondence #5 - September 9, 2013
Contract# 9-2013 Penhuron Lane Reconstruction
Penhuron Lane Reconstruction ´ Lake Huron
Old Lakeshore Rd
Penhuron Dr
KenwickSt Hamilton Rd Hamilton Rd
Lakeshore Rd
Waterworks Rd
Brigden Rd
Prepared by the Engineering Department, City of Sarnia - Dated August 28, 2013. 0 125 250 500 Meters
Page 79 of 303 Correspondence #5 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott City Solicitor/Clerk
DATE: August 28, 2013
SUBJECT: Tender Opening for Number 9-2013 Penhuron Lane
In accordance with normal Council procedures, the following tender was opened August 27, 2013, at 3:00 p.m. in Council Chambers, City Hall, in the presence of Shawn Unsworth, Purchasing Department, Tami Lewis, Solicitor/Clerk’s Department, along with interested public, and forwarded to Engineering Department for study and report to Sarnia City Council. The results of the tender opening are as follows:
Bidder Name Bid Totals Henry Heyink Construction $143,510.00 Van Bree Drainage and Bulldozing $156,643.99 Ltd. Omega Contractors Inc. $167,796.97 Tri-Con Excavating $182,775.24 Cope Construction $184,357.24
Brian W. Knott, City Solicitor/Clerk This report was prepared by Tami Lewis – Licensing Clerk
Page 80 of 303 Correspondence #6 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: August 23, 2013
SUBJECT: Online Electronic Parking Ticket Payment Service
Recommendation: It is recommended:
1. That Council authorize a three year agreement with Paymentus; allowing the public to use the Internet to make an online payment of parking tickets issued by the City.
Background: This report was initiated as a result of numerous inquiries by the general public regarding the option of paying parking tickets online. An online parking ticket payment service will provide constituents with the convenience of paying a parking ticket from any location at any time with instant confirmation of payment to eliminate the concern of receiving a late payment penalty.
Comments: To provide the public an option of payment of parking tickets online, along with the current method, staff has reviewed various providers. The information was solicited through an informal RFQ process. After examining the various electronic parking payment service providers, staff concluded the most cost effective way of providing convenient online payment services to the public is through Paymentus. The table found in the memo attached with this report describes a cost comparison of various services offered by Paymentus and similar service providers for providing online ticket payment services.
Paymentus, an online merchant service provider, would allow customers to pay for their parking tickets online or over the phone (IVR). This additional
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payment option will not cost the City anything, but rather the service fee will be paid by the consumer if they choose to use a credit card to pay for a parking ticket. By allowing more payment options, the City ensures that the experience and service for customers are improved. The third party service provider, Paymentus, would process credit card payments for parking tickets on the City’s behalf and remit the funds collected to the City. The City, via the website, will post a toll free phone number as well as a link to the Paymentus host page where customers would be able to pay their parking tickets by phone (IVR) or on the City’s website using a credit card.
Consultation: This report has been prepared in consultation with City’s staff representing Information Technology, Finance and Parking. They are in agreement with the implementation of Paymentus as a proposed online parking ticket payment service.
Financial Implications: The City will not incur any costs as a result of entering into an agreement with Paymentus. Parking tickets will be paid online and over the phone (IVR). The service fee for each transaction will be paid by the customer. For parking tickets ranging from $0 to $100 the service fee will be $1.95 and for parking tickets ranging from $101 to $400 the service fee will be $7.95.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Muhammad Ali Khan, M.A.Sc, P.Eng. Transportation Engineer
Attachment(s): Memo – Parking Ticket Online Payment Options
Page 82 of 303 Correspondence #6 - September 9, 2013
DEPARTMENT CORRESPONDENCE People Serving People
DATE: July 2013
TO: Andre Morin City Engineer
FROM: Andrea Lane – Customer Service Manager Shawn Unsworth - Purchasing Manager
RE: Parking Tickets – Online Payment Options
At the request from the Engineering Department Parking team, Finance has reviewed options to accept online payment of parking tickets.
Requests for pricing and service information, were requested from six (6) vendors that can provide and manage online payments for the City. These vendors where sourced through registered Vendors on Biddingo.com, research through other municipal websites and a request was made to the City of Ottawa on the submissions received for their recent Request for Proposal for the same service.
The rate structures received offered a wide range of fee formats for the online payment function. Appendix A table shows the breakdown of fees.
Based on the review of fees, processes, reporting and overall functionality, Paymentus has provided an option for this service including the required reporting and processing that work with our current systems. Paymentus also allows for the future implementation of additional online payments for other City Services providing convenience and greater accessibility to the public.
Additional information if required is available, with the Customer Service Manager in Finance.
Andrea Lane Shawn Unsworth
Customer Service Manager Purchasing Manager Cc: Lloyd Fennell, Brian McKay
Page 83 of 303 Correspondence #6 - September 9, 2013
Appendix A – Online Payment Fee Structures Paymentus Pay Tickets Moneris Chase IMEX Paymentech Costs to join $0 $4250/one-time $200 $199 $0 fee to join Fee to $1.50 up to a $1.50 $0 $0 $2.00 up to a Customer $100 ticket $50.00 ticket $7.95 for a $3.50 for a ticket $101- ticket between $400 $51-$100 $8.25 for a $300 ticket ($2.75 for each $100) City Cost per $0 $0 $55.95 $49.90 $0 month Monthly fee for $0 $200/month N/A N/A $0 Automated payment file options Monthly fee to $0 $300/month N/A N/A N/A have City logo branding Cost to the City $0 $1 +2-3% of 2.16% 1.81 %+$0.10 $0 for each ticket each ticket paid & fees Additional Small cost to Small cost to City website City website Small cost to Costs post link on City post link on City would need would need post link on City Website, Website, modifications to modifications to Website, estimated at estimated at include a include a estimated at $200-$300 $200-$300 “checkout” “checkout” $200-$300 PCI Compliance No risk No risk Risk involved Risk involved No risk Payment Phone/ Online Online Online Online Online options *Estimated $0-$300 $9441.20- $3048.68+ $3126.28+ $0-$300 City cost for $15741.20 website costs website costs first year N/A – Information was not presented when quote was requested.
Requests also made to Global Payments who is our current merchant service provider, but after repeated attempts no replies have been received.
IMEX provided three (3) different options, only one is listed which represents the lowest cost to the City directly.
*Estimated yearly cost to the City is based on the total of tickets issued for 2012 (18 662) and a 27% online redemption rate, with the average ticket being $20.
Page 84 of 303 Correspondence #7 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
Engineering Department
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: August 30, 2013
SUBJECT: Award of Tender for Contract 11-2013 Lakeshore Road Intersections (Modeland Road and Blackwell Sideroad) Watermain Reconstruction
Recommendation: It is recommended:
1. That the low tender submitted by Van Bree Drainage and Bulldozing Ltd. for Contract 11-2013 Lakeshore Road Intersections Watermain Reconstruction, in the amount of $252,748.43 (including non- rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
2. That the Mayor and Clerk be authorized to sign the necessary agreements;
3. That the By-Law to authorize the temporary closing of Lakeshore Road and Modeland Road intersection for the purpose of watermain reconstruction and related works be approved;
4. That the By-Law to authorize the reconstruction of watermain at the intersection of Lakeshore Road and Modeland Road be approved.
Background: In accordance with normal Council procedures, the following tenders were opened on Tuesday, August 27, 2013 at 3:00 P.M. in the Council Chambers in the presence of Shawn Unsworth (Purchasing Department), Tami Lewis (Clerk’s Department), Dave Scott, Gerry Hawley and Robert Williams (Engineering Department) and interested members of the public. The tenders were forwarded to the Engineering Department for study and the preparation of a report to Council.
Page 85 of 303 Correspondence #7 - September 9, 2013
The following tenders were received and opened:
Contractor Bid Price (Including H.S.T) Van Bree Drainage and Bulldozing Ltd. $280,666.01 Cope Construction $287,329.62 Omega Contractors Inc. $299,826.71 Tri-Con Excavating Inc. $336,798.31 Henry Heyink Construction Ltd. $364,990.00
Comments: The contract includes the installation of new watermain and appurtenances at the intersection of Lakeshore Road and Modeland Road to provide improved flow and water quality to residents in this area.
The Engineering Department is satisfied that the low bid is complete in every way and that Van Bree Drainage and Bulldozing Ltd. is comfortable with their submission.
Consultation: Throughout the design and preparation of the tender document, the following departments and agencies were consulted for input: residents in the immediate vicinity of the intersection, Public Works, Lambton County Public Works and local utilities.
Financial Implications: The construction component of this project is to be funded from the Council approved capital project for Watermain Replacements at Various Locations. There is sufficient funding for this project which will utilize a portion of the $1,100,000.00 approved in the 2013 Capital Budget as well as a portion of unused funding, approximately $381,000.00, from the 2012 Capital Budget for Watermain Replacement at Various Locations.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Robert Williams, Construction Manager
Attachment(s): Map of Construction Area; Copy of Tender Results from Licensing Clerk
Page 86 of 303 Correspondence #7 - September 9, 2013
Contract# 11-2013 Lakeshore Road Intersections Watermain Reconstruction
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Prepared by the Engineering Department, City of Sarnia - Dated August 28, 2013. 0 125 250 500 Meters
Page 87 of 303 Correspondence #7 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott City Solicitor/Clerk
DATE: August 28, 2013
SUBJECT: Tender Opening for Number 11-2013 Lakeshore Road at Modeland Road
In accordance with normal Council procedures, the following tender was opened August 27, 2013, at 3:00 p.m. in Council Chambers, City Hall, in the presence of Shawn Unsworth, Purchasing Department, Tami Lewis, Solicitor/Clerk’s Department, along with interested public, and forwarded to Engineering Department for study and report to Sarnia City Council. The results of the tender opening are as follows:
Bidder Name Bid Totals Henry Heyink Construction $364,990.00 Van Bree Drainage and Bulldozing $280,666.01 Ltd. Omega Contractors Inc. $299,826.71 Tri-Con Excavating $336,798.31 Cope Construction $287,329.62
Brian W. Knott, City Solicitor/Clerk This report was prepared by Tami Lewis – Licensing Clerk
Page 88 of 303 Correspondence #8 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
Engineering Department
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: August 29, 2013
SUBJECT: Award of Tender for Contract 10-2013 Thurston Avenue Storm Sewer and West Drain Extension
Recommendation: It is recommended:
1. That the low tender submitted by Birnam Excavating Ltd. for Contract 10-2013 Thurston Avenue Storm Sewer and West Drain Extension, in the amount of $157,150.65 (including non-rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
2. That the Mayor and Clerk be authorized to sign the necessary agreements;
3. That the By-Law to authorize the temporary closing of Thurston Avenue for the purpose of storm sewer construction and related works be approved;
4. That the By-Law to authorize the construction of storm sewer on Thurston Avenue be approved.
Background: In accordance with normal Council procedures, the following tenders were opened on Thursday, July 4, 2013 at 3:00 P.M. in the Council Chambers in the presence of Shawn Unsworth (Purchasing Department), Tami Lewis (Clerk’s Department), Dave Scott and Robert Williams (Engineering Department) and interested members of the public. The tenders were forwarded to the Engineering Department for study and the preparation of a report to Council.
Page 89 of 303 Correspondence #8 - September 9, 2013
The following tenders were received and opened:
Contractor Bid Price (Including H.S.T) Birnam Excavating Ltd. $174,508.89 Cope Construction $179,483.55 Van Bree Drainage & Bulldozing Ltd. $185,166.32 Henry Heyink Construction $191,987.00 Wicks Construction $192,128.02 Murray Mills Excavating & Trucking $226,678.57
Comments: The contract includes the installation of new storm sewer on Thurston Avenue and the extension of the West Drain to provide an outlet to former Inter Recycling property.
The Engineering Department is satisfied that the low bid is complete in every way and that Birnam Excavating Ltd. is comfortable with their submission.
Consultation: Throughout the design and preparation of the tender document, the following departments and agencies were consulted for input: Public Works Department, the Ministry of the Environment and Finance Department. Residents of Thurston Avenue were consulted according to the Drainage Act
Financial Implications: The construction component of this project is to be recovered from financial assurance funds secured by the Ministry of the Environment from the Inter Recycling property. This arrangement is detailed in a Memorandum of Understanding (MOU) with the Ministry of the Environment that previously went to Council. The total upset limit amount agreed to in the MOU is $181,507.71.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Robert Williams, Construction Manager.
Attachment(s): Map of Construction Area; Copy of Tender Results from Licensing Clerk
Page 90 of 303 Correspondence #8 - September 9, 2013
Contract# 10-2013 Thurston Avenue Storm Sewer and West Drain Extension ´ Lake Huron e Rd shor Lake
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Prepared by the Engineering Department, City of Sarnia - Dated July 5, 2013. 0 125 250 500 Meters
Page 91 of 303 Correspondence #8 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott City Solicitor/Clerk
DATE: July 4, 2013
SUBJECT: Tender Opening for Number 10-2013 Thurston Avenue Storm Sewer and West Drain Extension
In accordance with normal Council procedures, the following tender was opened July 4, 2013, at 3:00 p.m. in Council Chambers, City Hall, in the presence of Shawn Unsworth, Purchasing Department, Tami Lewis, Solicitor/Clerk’s Department, along with interested public, and forwarded to Engineering Department for study and report to Sarnia City Council. The results of the tender opening are as follows:
Bidder Name Bid Totals Birnam Excavating Ltd. $174,508.89 Cope Construction $179,483.55 Van Bree Drainage & Bulldozing Ltd. $185,166.32 Henry Heyink Construction $191,987.00 Wicks Construction $192,128.02 Murray Mills Excavating & Trucking $226,678.57
Brian W. Knott, City Solicitor/Clerk This report was prepared by Tami Lewis – Licensing Clerk
Page 92 of 303 Correspondence #9 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian Knott, City Solicitor/Clerk
DATE: August 22, 2013
SUBJECT: RFP 13-118 – Supply and Delivery of Copiers
Recommendation: It is recommended:
1. That City Council authorize the services and purchase of photocopiers as outlined in Proposal No. 13-118 from MC Business Solutions for a total cost of $43,372.15 including non-rebateable portion of HST;
2. That City Council authorize the funding of this purchase from the City Hall Printing and Machine Room Reserve.
Background: In 2007 City Council approved the lease of copiers that are currently in use. The total current fleet of copiers for all City operations is ten units of various models and capabilities. (This does not include the police department’s five units). Over the last five years the copiers have served the City effectively, but due to the end of the lease term, maintenance and changing needs of the organization, new units are needed.
The current lease agreements have various expiry dates and in order to be cost effective a Request for Proposal was planned to allow for a slow rollout of the copier units. A request for proposal was issued for the supply and delivery of copiers on May 27, 2013. This request was posted on the City of Sarnia website and Biddingo.com. A total of eight submissions were received.
Comments: The Property Manager, Printer, Filing Clerk, Financial Analyst and Purchasing Manager have reviewed and evaluated the proposals submitted from each
Page 93 of 303 Correspondence #9 - September 9, 2013
bidder, using the criteria set in the proposal. The following are criteria that needed to be met: Qualifications, Expertise, Financial Merits, Support & Service, Completeness and Creativity of Proposal were all reviewed and points awarded.
The usage level for each device has been evaluated; and the Request for Proposal requested four different levels of copiers to suit the needs of the user team in a cost effective manner. Further adjustments in departmental operations and utilization of these more advanced and cost effective printing methods may result in further operational savings. The copiers are multi- function that print, scan, fax, copy. They also have OCR capabilities (Optical Character Recognition) to meet accessibility design standards.
The RFP responses were scored based on their technical merit. These scores are found in the following chart.
Technical Breakdown
Summary Average Score MC Business Solutions 96.6 Integrated Digital Solutions 79.2 Rival - Sharp 77.2 Rival - Kyocera 73.6 Ricoh 68.6 Toshiba 69.4 Xerox 68.8 Cell - A - Net 41.4
Based on Specifications of the Request for Proposal, a technical score of 75 was required to be considered for Financial evaluation.
Three bidders successfully advanced after the technical review. These three bidders were then reviewed and scored on their financial costs. Costs were evaluated based on lease and purchase costs. The following chart provides the cost information, including purchase cost, lease cost and the ongoing cost per copy.
Page 94 of 303 Correspondence #9 - September 9, 2013
Financial Costs
Bidder Purchase Costs Lease Costs Cost per copy* Net non- (Net Present expenses over rebateable HST Value) 5 years Net non- Net non- rebateable HST rebateable HST MC Business $43,372.15 $48,958.21 $46,650.00 Solutions Rival Office $45,517.25 $50,434.64 $53,700.00 Solutions - Sharp Integrated $53,678.40 $64,643.25 $47,700.00 Digital Solutions *Based on 55,000 copies per month
Based on the comparison between leasing and buying over five years, it was determined that purchasing the copiers was our best option.
Consultation: The Director of Finance, Purchasing Manager, Financial Analyst, Property Manager and Printer were consulted in this process.
Financial Implications: The total cost of the purchase price based on current leased units (except Police Services) is $43,372.15, including non-rebateable HST. This equipment currently has seven (7) leases expiring in 2013, with the balance in 2014 (3 units). The purchase will be funded by the City Hall Printing and Machine Room Reserve with a current uncommitted year-end balance of $45,550. Department contributions will be made back to refund the reserve over 5 years. No new funding will be added to the operating budget. The funding currently being used for the lease will be redirected into the City Hall Printing and Machine Room Reserve over five years. In comparing current lease rate ($13,306.55 annually) vs. the cost to purchase over five years ($8,674.43 annually) a significant savings results.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Page 95 of 303 Correspondence #9 - September 9, 2013
This report was prepared by Vince Wijsman, Property Manager
Attachment(s): None
Page 96 of 303 Correspondence #10 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PARKS AND RECREATION DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Ian Smith Director of Parks and Recreation
DATE: August 26, 2013
SUBJECT: Sarnia FC – Contribution to Norm Perry Memorial Park Project
Recommendation: It is recommended:
1. That that the Mayor and City Solicitor/ Clerk sign the Licence Agreement as approved by Council; 2. That any funding not used on the Alix Field (Artificial Field project) be reserved as funding for a possible indoor artificial field complex.
Background: In January, 2012, Council approved the replacement of the southern field at Norm Perry Memorial Park with an artificial field, which was contingent on community support and Sarnia FC contribution. Community support was received and the project started in the fall of 2012. It was completed in 2013 and used by the community since the end of May.
Sarnia FC wanted to formalize their contribution with Council reviewing and approving the final Licence Agreement. This has now been completed and outlines the cost for use of the field by Sarnia FC as well as the booking schedule for planning games and activities.
Comments: Sarnia FC is contributing $250,000 to the Alix Field project at Norm Perry Memorial Park. Any funds over the final costs of the Alix Field will be reserved for five years in an account for the creation of an indoor artificial field facility for soccer. In addition, the Licence Agreement outlines the use of Alix Field and furthers the development of the relationship between Sarnia FC and the City.
Page 97 of 303 Correspondence #10 - September 9, 2013
Consultation: Consultation has been with the City Manager, City Solicitor/ Clerk, Director of Finance as well as members of Sarnia FC.
Financial Implications: Sarnia FC will contribute $250,000 towards the Alix Field (the Artificial Field project) at Norm Perry Memorial Park. Any funds not used shall be reserved for an indoor artificial field and will be held for five years for this project.
Prepared by: Approved by:
Ian J. Smith Lloyd Fennell Director of Parks and Recreation City Manager
Attachment(s): none
Page 98 of 303 Correspondence #11 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: August 30, 2013
SUBJECT: Award of Tender for Contract 8-2013 River Road Trail
Recommendation: It is recommended:
1. That the low tender submitted by Cope Construction for Contract 8- 2013 River Road Trail, in the amount of $114,491.19 (including non-rebateable portion of H.S.T.), be accepted subject to obtaining all necessary approvals;
2. That the Mayor and Clerk be authorized to sign the necessary agreements;
3. That the By-Law to authorize the temporary closing of St. Clair Parkway for the purpose of trail construction and related works be approved;
4. That the By-Law to authorize the construction of the trail on St. Clair Parkway (River Road) be approved.
Background: In accordance with normal Council procedures, the following tenders were opened on Tuesday, August 27, 2013 at 3:00 P.M. in the Council Chambers in the presence of Shawn Unsworth (Purchasing Department), Tami Lewis (Clerk’s Department), Dave Scott, Gerry Hawley and Robert Williams (Engineering Department) and interested members of the public. The tenders were forwarded to the Engineering Department for study and the preparation of a report to Council.
Page 99 of 303 Correspondence #11 - September 9, 2013
The following tenders were received and opened:
Contractor Bid Price (Including H.S.T) Cope Construction $127,137.43 Murray Mills Excavating and Trucking $167,459.22 (Sarnia) Ltd. Sev Con Paving $169,082.54
Comments: The contract includes the installation of a new multi-use path on the west side of St. Clair Parkway (River Road) including replacement of the existing guardrail at LaSalle Line.
The Engineering Department is satisfied that the low bid is complete in every way and that Cope Construction is comfortable with their submission.
Consultation: Throughout the design and preparation of the tender document, the following departments and agencies were consulted for input: Enbridge Pipelines, Suncor, Sun-Canadian, Plains-Midstream (BP), St. Clair Township, Public Works Department and the Bluewater Trail Committee and is within the available budget.
Financial Implications: The construction component of this project is to be recovered from financial contributions from the Bluewater Trail Committee. The current balance in the Bluewater Trails Donation Account is $167,448.63.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Robert Williams, Construction Manager
Attachment(s): Map of Construction Area; Copy of Tender Results from Licensing Clerk
Page 100 of 303 Correspondence #11 - September 9, 2013
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Prepared by the Engineering Department, City of Sarnia - Dated August 28, 2013. 0 125 250 500 Meters
Page 101 of 303 Correspondence #11 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott City Solicitor/Clerk
DATE: August 28, 2013
SUBJECT: Tender Opening for Number 8-2013 River Road
In accordance with normal Council procedures, the following tender was opened August 27, 2013, at 3:00 p.m. in Council Chambers, City Hall, in the presence of Shawn Unsworth, Purchasing Department, Tami Lewis, Solicitor/Clerk’s Department, along with interested public, and forwarded to Engineering Department for study and report to Sarnia City Council. The results of the tender opening are as follows:
Bidder Name Bid Totals Cope Construction $127,137.43 Murray Mills Excavating $167,459.22 Sev Con Paving $169,082.54
Brian W. Knott, City Solicitor/Clerk This report was prepared by Tami Lewis – Licensing Clerk
Page 102 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
4:00 p.m. – MONDAY, JULY 15, 2013 COUNCIL CHAMBERS, CITY HALL, SARNIA
Council met, in regular session, for the transaction of general business. Mayor Bradley took the Chair and the following Members of Council were present: Councillors D. Boushy, A. Bruziewicz, T. Burrell, J. Foubister, A.M. Gillis, M. Kelch, B. MacDougall, and J. McEachran
Closed Meeting - 3:00PM, Committee Room #4
Moved by Councillor MacDougall, seconded by Councillor Kelch, and carried:
That Sarnia City Council move into closed session pursuant to sections 239 (2) (b), (e), and (f) of the Municipal Act. Under section 239 (2) (b) of the Municipal Act, consideration will be given to personal matters about an identifiable individual, including municipal or local board employees with respect to the City Manager Position and with respect to Appointments of Bluewater Power Directors. Under sections 239 (2) (e) and (f) of the Municipal Act, consideration will be given to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; with respect to River City Vineyard.
ACCESSIBILITY AWARDS RECEPTION - 3:30PM
"O CANADA" In accordance with City Council’s policy, the National Anthem was played.
OPENING PRAYER Reverend Richard Vandervaart of Living Hope Christian Reformed Church attended and opened the meeting with prayer.
REPORT OF THE CLOSED MEETING
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried: 1
Page 103 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
That the Committee rise and report.
Council met in closed session on July 15, 2013 to consider appointments to the Bluewater Power Board of Directors. No votes were taken other than to give direction to staff. Staff was directed to proceed with the execution of the Shareholder Consent Form as it relates to the election of Directors of Sarnia Power Corporation and its Affiliates.
Council met in closed session on July 15, 2013 to consider the City Manager Recruitment Process. No votes were taken other than to give direction to staff. Staff were directed to arrange interviews for the selected candidates, and implement the interview questions and format as presented.
Council met in closed session on July 15, 2013 to receive correspondence regarding the River City Vineyard matter received from the Solicitors acting on behalf of the City. No discussion took place.
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That Sarnia City Council adopt the report of the closed meeting.
Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof Councillor McEachran declared a pecuniary interest with respect to Correspondence #12 - Brownfields Program Improvements and Applications under the Brownfields Programs for Vidal Street Industrial Park Inc. as he is part owner of the company.
Mayor Bradley advised that Correspondence #4 and By-Laws #9 & #10 dealing with the Thurston Avenue Storm Sewer and West Drain Extension had been pulled from the agenda.
PRESENTATIONS 1. 2013 Accessibility Awards Susan Weatherston, Accessibility Coordinator, Mr. Rory Ring, President of the Sarnia-Lambton Chamber of Commerce, and Mayor Bradley presented the 2013 City of Sarnia Accessibility Awards to the following recipients:
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Page 104 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
Sarnia Yacht Club, accepted by Tim Carson, Judy Shelley, Hillary Ouellette, and Michael Fraser Bluewater Gymnastics, accepted by Nicki Nauta Leon’s Tim Horton’s Front/Exmouth St., accepted by Richard Ponic and Greg Boyle Ironworks Fitness, accepted by Cam Davies and Jordy Bettridge The Brick, accepted by Paul LaVigne
2. City Engineer, dated July 2, 2013, regarding Cole Drain, Cut-off Drain, and Cole Diversion Drain Preliminary Report Consideration
Mr. Jerome Trudell of Dillon Consulting was present, and responded to questions from Council.
Moved by Councillor Foubister, seconded by Councillor Boushy, and carried:
That Council accepts the Preliminary Engineer’s Report dated December 6, 2012 for the Cole Drain, Cut-off Drain, and Cole Diversion Drain as written and instructs Dillon Consulting Limited to proceed with the preparation of the Final Engineer’s Report.
CORRESPONDENCE 1. City Engineer, dated July 2, 2013, regarding 15 Minute Parking on East Street
Moved by Councillor Boushy, seconded by Councillor Bruziewicz, and carried:
That Council allows staff to install “15 Minute Parking” signs on the west side of East Street, between London Road and George Street. (see By-Laws #2, #3, #4, and #5)
2. City Solicitor/Clerk, dated July 4, 2013, regarding Bluewater Power – Shareholder Resolution
At the request of Councillor Bruziewicz, Council agreed to split this item into two separate motions.
Moved by Councillor Gillis, seconded by Councillor Kelch, carried:
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Page 105 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
That the Mayor and City Solicitor/Clerk be authorized to execute the Shareholder Consent Form which reflects the following resolutions:
Annual Financial Statements • That the balance sheet of the Corporation showing the financial position of the Corporation as at December 31, 2012 and the statement of earnings for the Corporation’s financial year ended December 31, 2012 and the Corporation’s statement of cash flows for the year ended December 31, 2012 are hereby accepted; and
Appointment of Auditors • That KPMG LLP Chartered Accountants be appointed as auditors of the Corporation until the next annual meeting of shareholders or until a successor is appointed.
Moved by Councillor Gillis, seconded by Councillor Kelch, carried:
That the Audit shall be performed in a consolidated basis and the shareholders waive the requirement for an audit of the Corporation on a nonconsolidated basis.
A recorded vote was requested as follows:
Yea Nay Councillor Boushy Councillor Bruziewicz Councillor Foubister Councillor Burrell Councillor Gillis Councillor Kelch Councillor MacDougall Councillor McEachran Mayor Bradley
Councillor Burrell inquired about the full name of the Corporation being referred to in the recommendation. The City Manager advised that he would report back to Council on this.
3. City Engineer, dated July 2, 2013, regarding Revised Stormwater Management Guidelines
Moved by Councillor Foubister, seconded by Councillor Gillis, and carried:
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Page 106 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
That Council adopt and replace the revised Stormwater Management Guidelines within the City of Sarnia Engineering Standards.
In response to a question from Councillor Burrell regarding sump pump requirements, the City Engineer advised that he would report back to Council on this.
4. City Engineer, dated July 5, 2013, regarding Award of Tender for Contract 10-2013 Thurston Avenue Storm Sewer and West Drain Extension (see By- Laws #9 & #10) (THIS ITEM WAS PULLED FROM THE AGENDA)
5. Director of Planning & Building, dated July 8, 2013, regarding Sarnia General Hospital – Concept Plans for Future Use of the Lands
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That Council directs the Finance Department to prepare a cost- benefit analysis of the conceptual plans for the Sarnia General Hospital lands as presented in this report.
6. City Solicitor/Clerk, dated June 9, 2013, regarding Idling Bylaw (see By- Law #11)
Moved by Councillor Foubister, seconded by Councillor Gillis, That Council approve the idling By-Law.
Scott McEachran, Assistant Solicitor, responded to questions from Council. Discussion took place regarding language used in the draft By-Law.
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That this item be tabled pending further review.
7. Director of Parks and Recreation, dated July 5, 2013, regarding Ice Allocation Policy
Moved by Councillor Burrell, seconded by Councillor Foubister, and carried:
That the Ice Allocation Policy in the report of the Director of Parks and Recreation dated July 5, 2013 be approved.
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Page 107 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
8. Director of Parks and Recreation, dated July 8, 2013, regarding Arena Concessions – Pilot Project
Moved by Councillor McEachran, seconded by Councillor Boushy, and carried:
That staff engage Marco Concessions to operate the three arena concessions for a twelve month pilot project (September, 2013 to August, 2014) to determine the viability of leasing out the arena concession operations to a private company.
That Staff prepare a report for Council in spring, 2014 on the outcome of the pilot project with a recommendation on a future operating model for the arena concession operation.
9. Director of Parks and Recreation, dated July 8, 2013, regarding Kenwick Park renamed to Kenwick on the Lake
Moved by Councillor Foubister, seconded by Councillor McEachran, and carried:
That Kenwick Park be renamed to its original name of Kenwick on the Lake.
Mayor Bradley offered Thanks to those who were involved with the improvements to the park.
10. Director of Parks and Recreation, dated July 3, 2013, regarding Bright’s Sarnia Tennis Court Upgrades
Moved by Councillor Kelch, seconded by Councillor Gillis, and carried:
That Council approve the allocation of $20,000 from the Parks and Recreation Facilities Reserve for the upgrades and repairs to the Bright’s Grove Tennis Courts located in Kenwick on the Lake Park.
11. Director of Parks and Recreation, dated July 8, 2013, regarding License Agreement – Lawrence House Centre for the Arts (see By-Law #14)
Moved by Councillor MacDougall, seconded by Councillor McEachran, and carried:
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Page 108 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
That Sarnia City Council approves the license agreement with the Lawrence House Centre for the Arts (LHCA) for the use of City property located at 127 Christina Street South, Sarnia, known as the Lawrence House, which has been designated by City Council as a municipal capital facility; and
That Sarnia City Council authorizes the Mayor and City Solicitor/Clerk to sign all documentation necessary to implement the agreement.
Councillor Burrell inquired as to whether the Lawrence House is a registered charitable organization. The Director of Parks and Recreation advised that he would report back on this.
12. Director of Planning & Building, dated July 8, 2013, regarding Brownfields Program Improvements and Applications under the Brownfields Programs for Vidal Street Industrial Park Inc. (V.I.P. Inc.) – 300 Kenny Street (see By-Law #15)
Councillor McEachran previously declared a conflict of interest with respect to this item and left the meeting while it was being considered.
Moved by Councillor Kelch, seconded by Councillor Gillis, and carried:
That City Council authorizes the Mayor and City Clerk to sign a Brownfields Tax Increment Based Grant Agreement with Vidal Street Industrial Park Inc. (V.I.P. Inc.) when funding for the program is approved in the City’s Budget.
13. City Solicitor/Clerk, dated July 10, 2013, regarding Alternative Methods of Voting for the 2014 Election
Moved by Councillor Kelch, seconded by Councillor Boushy, and carried:
That the City continue to use optical scan vote tabulators for processing paper ballots.
That the City enter into an agreement with Elections Systems & Software to lease 17 tabulators and two AutoMark Voter Assist Terminals.
That the Mayor and Clerk be authorized to sign all required documentation.
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Page 109 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
Councillor Gillis requested that people be provided with advance notice of polling station locations for the upcoming election. The Acting City Clerk advised the he would look into the options for earlier notification.
MINUTES
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That the Minutes of June 24, 2013 (Regular Meeting), and Minutes of June 24, 2013 (Special Meeting), as printed, be adopted.
Following up from discussion at the June 24, 2013 meeting, Councillor MacDougall advised that she has been in contact with the County and the Share the Road Cycling Coalition with respect to the Bicycle Friendly Communities Program. She intends on bring forward a motion at an upcoming meeting on this topic.
INQUIRIES, INFORMATION AND URGENT MATTERS 1. Communities in Bloom Judges Tour Councillor Gillis advised that the Communities in Bloom Judges Tour was being held from July 21-24, 2013 and an itinerary has been provided to each member of Council.
2. County of Lambton Labour Dispute Councillor Bruziewicz inquired about costs to the City for security associated with the County of Lambton Library and Art Gallery workers labour dispute. The City Manager advised that as the City owns the library building, City Staff changed the locks in order to maintain the security of the building. He also advised that the City does not have any involvement with the hiring of private security vehicles.
ROUTINE APPROVALS, ACTION AND INFORMATION
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
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Page 110 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
That Items A to N, under Routine Approvals, Action and Information be introduced.
A. Director of Finance, dated July 15, 2013, Capped Tax Classes – Final 2013 Tax Installment
That Sarnia City Council establish August 28, 2013 as the due date for the Final Installment of the 2013 Taxes levied for the Commercial, Industrial and Multi-Residential related tax classes and that such date be published.
B. City Engineer, dated July 2, 2013, regarding Donald Lamont Drain Provisional By-Law (see By-Law #6)
That Council adopts the Engineer’s Report dated May 22, 2013 for the proposed improvements to the Donald Lamont Drain and give 1st and 2nd reading to the Provisional By-Law for the project.
C. City Engineer, dated July 2, 2013, regarding Porter Creek Drain West Branch and Porter Creek Drain East Branch Provisional By-Law (see By-Law #7)
That Council adopts the Engineer’s Report dated May 17, 2013 for the proposed improvements to the Porter Creek Drain West Branch and Porter Creek Drain East Branch and give 1st and 2nd reading to the Provisional By-Law for the project.
D. City Engineer, dated July 4, 2013, regarding Use of the City Boulevard – Noise By-Law Exemption Request for a Charitable Event
That City Council grant approval to use the City’s boulevard for a charity event on August 23, 2013; and
That Council grant a noise exemption to this event on August 23, 2013 until 12:00 a.m.
E. City Engineer, dated July 4, 2013, regarding Kerr Drain Provisional By- Law (see By-Law #8)
That Council adopts the Engineer’s Report dated May 28, 2013 for the proposed improvements to the Kerr Drain and give 1st and 2nd reading to the Provisional By-Law for the project.
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Page 111 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
F. Director of Parks and Recreation, dated July 15, 2013, regarding Bid Proposal for the 2014 Four Nations Cup
That Sarnia City Council endorse a bid proposal to host the 2014 Four Nations Cup, an International Women’s Ice Hockey tournament at the RBC Centre in Sarnia.
G. City Engineer, dated June 28, 2013, regarding Assumption Agreement – Passingham Drive (see By-Law #12)
That Council authorize the Mayor and Clerk to sign the Assumption Agreement as presented for registration.
H. Director of Planning & Building, dated July 5, 2013, regarding Repeal of Part Lot Control Exemption By-Law No 94 of 2012 for Lands on Paolo Street (see By-Law #13)
That Council repeals the Part Lot Control Exemption By-Law No. 94 of 2012 that was passed under the provisions of Section 50(7) of the Planning Act.
I. City Solicitor/Clerk, dated July 10, 2013, regarding River City Vineyard - Update
For Information
J. City Manager, dated July 4, 2013, regarding Microsoft Enterprise Agreement for Government (Renewal)
That Sarnia City Council authorizes staff to proceed with finalizing the renewal of the Enterprise Agreement for Government with Microsoft, and
That the Mayor and Clerk be authorized to execute the Microsoft Enterprise Agreement for Government.
K. Centennial Celebration Committee, dated July 10, 2013, regarding Legacy Project and Fundraising Update
For Information
L. City Engineer, dated July 2, 2013, regarding West Drain Authorizing By- Law (see By-Law #16)
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Page 112 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
That Council gives 3rd reading to Provisional By-Law No. 46 of 2013 for the project.
M. Director of Transit, dated July 11, 2013, regarding Dedicated Gas Tax Funds For Public Transit Program 2012/2013
That Sarnia City Council authorizes the Mayor and Director of Finance to sign a Letter of Agreement as required under the 2012/2013 Dedicated Gas Tax Funds For Public Transit Program.
That a supporting By-Law be executed and forwarded along with two signed copies of the Agreement to the Ministry of Transportation; and
That the appropriate City Staff is authorized to proceed with all reporting requirements of the program.
N. City Manager, dated July 11, 2013, regarding Centennial Park – Update
For Information
Councillor Gillis inquired about when the results of the 2nd component of the Risk Assessment would be available for Centennial Park. The City Manager advised that he would report back to Council on this.
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That Items A to N, under Routine Approvals, Action and Information, as recommended or approved by this Council, be adopted and appended to the Minutes.
CIVIC REPORTS
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That the Civic Reports be received and filed.
1. By-Law Prosecutions - January 1, 2013 to June 30, 2013 2. Building Report - June 2013 3. Raffle Report - June 2013
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Page 113 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
BY-LAWS
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That By-Laws No. 1-8 and 12-15, as printed, or amended, be introduced for the first and second reading thereof, and be taken as read for the first and second time.
1. For 1st, 2nd and 3rd Readings: A By-Law to Confirm the Proceedings of Council at its meeting held on July 15, 2013 (By-Law #65 of 2013)
2. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 100 of 1996 Re: Schedule 3.1 – No Parking Anytime (see Correspondence #1) (By-Law #66 of 2013)
3. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 100 of 1996 Re: Schedule 6.10 – 15 Minute Parking Limit (see Correspondence #1) (By-Law #67 of 2013)
4. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 100 of 1996 Re: Schedule 9.1 – No Stopping Anytime (see Correspondence #1) (By-Law #68 of 2013)
5. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 100 of 1996 Re: Schedule 16 – School Bus Loading Zones (see Correspondence #1) (By-Law #69 of 2013)
6. For 1st and 2nd Readings: A By-Law to Provide for Drainage Works within the Donald Lamont Drain – in the City of Sarnia in the County of Lambton Re: Donald Lamont Drain (see Agenda Info Item B) (By-Law #70 of 2013)
7. For 1st and 2nd Readings: A By-Law to Provide for Drainage Works within the Porter Creek Drain West Branch and Porter Creek Drain East Branch – in the City of Sarnia in the County of Lambton Re: Porter Creek Drain (see Agenda Info Item C) (By-Law #71 of 2013)
8. For 1st and 2nd Readings: A By-Law to Authorize Drainage Works within the Kerr Drain in the City of Sarnia Re: Kerr Drain (see Agenda Info Item E) (By-Law #72 of 2013)
9. For 1st, 2nd and 3rd Readings: A By-Law to Authorize the Temporary Closing of Thurston Avenue for the Purpose of Storm Sewer Construction
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Page 114 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013 and Related Works Re: Contract 10-2013 (see Correspondence #4) (THIS BY-LAW WAS PULLED FROM THE AGENDA)
10. For 1st, 2nd and 3rd Readings: A By-Law to Authorize the Construction of a New Storm Sewer on Thurston Avenue Re: Contract 10-2013 (see Correspondence #4) (THIS BY-LAW WAS PULLED FROM THE AGENDA)
11. For 1st, 2nd and 3rd Readings: Idling Control By-Law (see Correspondence #6) (THIS BY-LAW WAS TABLED)
12. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement with Audrey Eleaine Garrison and Lou Longo Re: Assumption Agreement – Passingham Drive Extension (see Agenda Info Item G) (By-Law #73 of 2013)
13. For 1st, 2nd and 3rd Readings: A By-Law to Repeal Part Lot Control Exemption By-Law No. 94 of 2012 passed under the provisions of the Planning Act Re: Lands on Paolo Street (see Agenda Info Item H) (By-Law #74 of 2013)
14. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement with Lawrence House Centre for the Arts Re: Lawrence House – Licence Agreement (see Correspondence #11) (By-Law #75 of 2013)
15. For 1st, 2nd and 3rd Readings: A By-Law to Authorize a Refund of Taxes under the Brownfields Tax Increment Based Grant Program Re: 300 Kenny St. (By-Law #76 of 2013)
16. For 3rd Reading: A By-Law to Authorize Drainage Works within the West Drain in the City of Sarnia Re: West Drain (see Agenda Info Item L) (By-Law # of 2013)
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That By-Laws No. 1 –5 and 12-16, as printed, or amended, be taken as read the third time and finally passed
PUBLIC MEETING - 5:00pm 1. Director of Planning and Building, dated July 9, 2013, regarding Official Plan Review – Phase 2 Final Report
Mayor Bradley Opened the Public Meeting.
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Page 115 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
Mr. Kevin Edwards, Planning Manager, gave a brief PowerPoint Presentation regarding Phase 2 of the Official Plan Review.
Councillor Burrell declared a conflict of interest and left the meeting while this item was being considered, as has clients involved in the request.
Mr. Alan Young of Weston Consulting presented a letter to Council requesting that the City expand the existing designated one-acre commercial node at the southwest corner of Modeland and Berger Roads to include the entire parcel owned by 2180783 Ontario Ltd. as part of the Official Plan Review process. Mr. Young responded to questions from Council.
No one else in attendance wished to provide input.
Mayor Bradley Closed the Public Meeting.
Moved by Councillor MacDougall, seconded by Councillor Boushy, and carried:
That subject to public input or new information becoming available, the Draft Official Plan be prepared on the basis that sufficient land exists for residential, commercial and other uses to 2031; and
That Council direct staff to prepare a Draft Official Plan amendment that reflects the directions noted in the comments section of this report, and circulate the draft for review to technical agencies and the public.
ADJOURNMENT
Moved by Councillor MacDougall, seconded by Councillor Bruziewicz, and carried:
That Sarnia City Council adjourn to its next regular meeting to be held on Monday, August 12, 2013.
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Page 116 of 303 Minutes of July 15, 2013 - Regular Meeting July 15, 2013
The meeting adjourned at 5:45pm.
______Mayor
______City Solicitor/Clerk
15
Page 117 of 303 Page 118 of 303 Agenda Info Item A - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-3995 (fax) 519-332-2664 (TTY) www.sarnia.ca [email protected]
September 3, 2013
Mayor Bradley and Members of Sarnia City Council:
Re: Update on Proposal to Open a Class “A” Bingo Hall
At the meeting of April 8, 2013, an information report relating to the application by Bingo Country to open a new Class “A” Bingo Hall in Sarnia and move to e-bingo was considered by Council. A copy of the report is attached for your information.
Public Notice of the application was completed by the operator, and the initiative had the support of the charities involved.
Prior to submitting a formal request to Council for approval, the operator (Bingo Country) was advised that the Alcohol & Gaming Commission of Ontario (AGCO) was not supportive of the concept as it was initially presented. As a result of this directive from the AGCO, Bingo Country has put on hold for the time being the movement to the opening of a new bingo hall and the introduction of e-bingo to our community.
If the status of the application changes in the future, we will certainly be reporting back to Council on this.
Sincerely,
Brian W. Knott City Solicitor/Clerk
Attach: March 26, 2013 Report
Page 119 of 303 Agenda Info Item A - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott City Solicitor/Clerk
DATE: March 26, 2013
SUBJECT: Proposal to Open a Class “A” Bingo Hall
Recommendation: For Council’s Information
Background: Bingo Country (2041980 Ontario Inc.), 825 Upper Canada Drive, Sarnia, ON, is applying to the Alcohol and Gaming Commission of Ontario to open a new Class “A” Bingo Hall in Sarnia. A Class “A” Bingo Hall is one where 4 or more bingo events are conducted during a 7 day period.
Comments: Bingo Country wants to introduce the concept of E-Bingo to their market and is seeking to offer alternatives to the bingo gaming public – traditional paper bingo as well as electronic bingo. While we speak to the opening of a new bingo hall, it is important to note that the present location of the bingo hall will not be changed. The present hall will be divided to allow an approximate 3,000 sq. ft. area for the use of electronic bingo. The other part of the hall will continue to be used for regular paper based bingos. Even though the two halls will be in the same building, they will have separate entrances. The operation of these 2 types of halls – traditional and e-bingo in the same building is a new concept Bingo Country will be pioneering.
The process begins with a Public Notice with 30 days allowed for any responses. After that, the operators of Bingo Country will proceed with an official request to Council for its approval prior to forwarding their application to the Alcohol and Gaming Commission of Ontario. Bingo Country has received 100% support from the 101 Charities involved for this application.
Page 120 of 303 Agenda Info Item A - September 9, 2013
There are separate application processes for the opening of a bingo hall and the introduction of e-bingo. Full reports on each of these initiatives will be brought forward to Council for its consideration over the next few months.
Consultation: Municipal staff met with Mr. George Prue and Mr. Tony DiMaria of Bingo Country to discuss the proposed initiatives.
Financial Implications: There are no financial implications at this time.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Attachment(s): none
Page 121 of 303 Page 122 of 303 Agenda Info Item B - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: August 28, 2013
SUBJECT: Blackwell Road – Part 1 on 25R-9602 Dedication of Road Widening as Public Highway
Recommendation: It is recommended:
1. That Sarnia City Council approve the By-Law to dedicate the lands known as Part 1 on 25R-9602 in the City of Sarnia as public highway forming part of Blackwell Road.
Background & Comments: A Consent to Sever was granted to Judith and Kenneth Schenk in 2009 with the condition that the Schenks convey to the City of Sarnia a road widening on Blackwell Road. An area map depicting the road widening in relation to the street is attached to this report.
The Transfer conveying the road widening to the City was registered February 19th, 2009 and it is now appropriate to dedicate this parcel as public highway forming part of Blackwell Road.
Consultation: The Engineering Development Manager was consulted and is in agreement with this report.
Financial Implications: The only financial implication will be the cost to register the dedicating by- law.
Page 123 of 303 Agenda Info Item B - September 9, 2013
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment(s): Area Map
Doc: L:\LAW CLERK\ENG MISC 2013\BLACKWELL DEDICATE-RTC-AUG28-13.AD1 (FILE #13-03)
Page 124 of 303 Agenda Info Item B - September 9, 2013
AREA MAP 1365 & 1367 BLACKWELL ROAD
ROAD WIDENING TO BE PULLEN DEDICATED AS PUBLIC HIGHWAY PARK
DRIVE
ROAD
PULLEN
BLACKWELL
PREPARED BY: CITY OF SARNIA PLANNING & BUILDING DEPARTMENT DATED AUGUST 28, 2013 NOT TO SOURCE: ASSESSMENT MAPS SCALE
Page 125 of 303 Page 126 of 303 Agenda Info Item C - September 9, 2013
From: anne marie gillis [mailto:[email protected]] Sent: September-04-13 7:31 AM To: Amy Burkhart Subject: approval to attend Communities in Bloom conference
Amy, I wish to ask that this item be placed on September 9th Council Agenda for approval.
The Communities in Bloom National Awards Conference will be held in Ottawa, October 23-26. As the City is a participant in the program and will be receiving the results of the National Judges Report and marks, I am seeking approval to attend this conference. Anne Marie Gillis
Page 127 of 303 w! Agenda Info Item C - September 9, 2013 r No Registe
DELEGATE GUEST > Please note that each participant must register separately. Please remember to register your guest or companion. > Please complete and return this form by fax at: 514-694-3725 or by mail to: 112 Terry Fox, Kirkland, QC H9H 4M3.
Full Name: Title / Position:
Community / Organization:
Address: City & Province / State:
Postal / Zip Code: Tel.: Fax:
E-mail:
Special Dietary Needs: Special Accessibility Needs:
METHOD OF PAYMENT Cheque P.O. # ______Credit Card Requested prior to the event, VISA MasterCard please make cheque payable Card Number: ______Expiry Date: ______to Communities in Bloom, 112 Terry Fox, Kirkland Card Holder: ______Signature:______Québec H9H 4M3 Tel.: 514-694-8944 [ Fax: 514-694-3725 Registration A) $ ______B) $ ______F) $ ______G) $ ______H) $ ______Sub-total: ______For Information: Accounting: Monique Charron-Carrière + 13% HST $ ______= Total: $ ______GST # 89612 6570 [email protected] General Inquiries: REFUND POLICY : Please note that there will be no refund for cancellations received after Monique Gargano-Charron September 23rd, 2013 or for « no show » delegates; name changes are accepted. [email protected]
H) COMMUNITY EXHIBITS Note: tear down Friday 3:00 – 5:00 pm PLEASE INDICATE Set-up Day Wednesday Thursday Friday 6’ Skirted Table Without electricity $70 With electricity $95 OR Free Standing Display (no table) Without electricity $45 With electricity $70
PLEASE CHECK 3 APPROPRIATE CHOICES A) NATIONAL SYMPOSIUM INCLUDING AWARDS CEREMONIES (NATIONAL & INTERNATIONAL) AND NETWORKING EVENTS Complete program: $615 (Each delegate must complete Sections C,D,E) – October 23rd - 26th Wednesday, Noon Symposium Opening Luncheon with Keynote Speaker and Afternoon Sessions 6:00 pm Welcome Reception and Flag Exchange Ceremony, Ottawa City Hall Thursday, 8:15 am Energizing Stretch, Morning Symposium Sessions, Lunch buffet & Technical visits (please complete Sections C & D) Friday, 8:00 am Energizing Stretch, Symposium Closing Buffet Breakfast with Keynote Speaker & Morning Sessions 5:00 pm Community Showcase, Cocktail, Dinner & Entertainment, Casino du Lac-Leamy, Gatineau, QC Saturday, 9:00 am Complimentary Session – Town Hall Meeting with Mark Cullen, Exchange between International & Canadian Communities and Judges’ Corner (please complete Section E) 3:00 pm National & International Awards Ceremonies, Government of Canada, Conference Centre 5:30 pm Sponsors’ Cocktail, Fairmont Château Laurier Hôtel 6:30 pm Banquet Dinner, Fairmont Château Laurier Hôtel Page 128 of 303 Page 2 Agenda Info Item C - September 9, 2013
Full Name:
PLEASE CHECK 3 APPROPRIATE CHOICES B) NATIONAL SYMPOSIUM ON PARKS & GROUNDS
FULL SYMPOSIUM PROGRAM: $435 (Each delegate must complete Sections C,D,E,) – October 23rd - 26th Wednesday, Noon Symposium Opening Luncheon with Keynote Speaker and Afternoon Sessions Thursday, 8:15 am Energizing Stretch Morning Symposium Sessions, Lunch Buffet and Technical Visits (please complete Sections C & D) Friday, 8:00 am Energizing Stretch, Symposium Closing Buffet Breakfast with Keynote Speaker and Morning Sessions Saturday, 9:00 am Complimentary Session – Town Hall Meeting with Mark Cullen along with Exchange Between International & Canadian Communities and Judges’ Corner (please complete Section E) OR DAILY SYMPOSIUM REGISTRATION: (Each delegate must complete Sections C,D,E,) – October 23rd - 26th
Wednesday, Noon Symposium Opening Luncheon with Keynote Speaker and Afternoon Sessions $ 130 Thursday, 8:15 am Energizing Stretch, Morning Symposium Sessions, Lunch Buffet and Technical Visits $ 195 (please complete Sections C & D) Friday, 8:00 am Energizing Stretch, Symposium Closing Buffet Breakfast with Keynote Speaker and Morning Sessions $ 110 Saturday, 9:00 am Complimentary Session – Town Hall Meeting with Mark Cullen along with Exchange between International & Canadian Communities and Judges’ Corner (please complete Section E)
C) SYMPOSIUM SESSIONS (Please choose a Break-Out Session per schedule below, see details in the Symposium Program) Thursday, October 24 Break-out #1 Break-out #2
10:15 - 10:45 am Grow Me Instead OR Mitten Art Project 10:45 - 11:15 am Urban Agriculture OR Wood Buffalo’s Salute to Winter 11:15 - Noon New Trends in Coloring your OR Alexandria’s Annual Festival of Lights Summer & Fall Seasons D) SYMPOSIUM TECHNICAL VISITS – Thursday, October 24th from 1:15 – 5:00 pm. Please select 1st and 2nd choice per visit. Maximum 100 delegates per visit. Spaces are limited, first come first serve basis! VISIT A – 1) CANADA AGRICULTURE & FOOD MUSEUM AND 2) RIDEAU HALL (2 attractions) 1st choice 2nd choice VISIT B – 1) COMMISSIONERS PARK, 2) MAPLELAWN HISTORIC GARDEN, 3) Dominion ARBORETUM (part of the Central Experimental Farm), and 4) CANADA AGRICULTURE & FOOD MUSEUM (4 attractions) 1st choice 2nd choice E) COMPLIMENTARY SESSION – OPEN TO ALL DELEGATES Saturday, October 26th from 9:00 - 11:30 am – Town Hall Meeting with Mark Cullen along with Exchange between International & Canadian Communities and Judges’ Corner
F) NATIONAL & International AWARDS CEREMONIES and NETWORKING EVENTS – October 23rd - 26th Wednesday, 6:00 pm Welcome Reception and Flag Exchange Ceremony, Ottawa City Hall (No charge) Friday, 5:00 pm Community Showcase, Cocktail, Dinner and Entertainment, Casino du Lac-Leamy $85 Saturday, National & International Awards Ceremonies $95 3:00 pm Awards Ceremonies – Government of Canada Conference Centre, Ottawa 5:30 pm Sponsors’ Cocktail, Fairmont Château Laurier Hôtel 6:30 pm Banquet Dinner, Fairmont Château Laurier Hôtel G) Ontario AWARDS CEREMONIES Saturday, 11:30 am - 1:30 pm Ontario Communities in Bloom Luncheon & Provincial Awards $60
Communities in Bloom 112 Terry Fox, Kirkland, Québec H9H 4M3 Tel.: 514-694-8871 – Fax: 514-694-3725 For information: [email protected] Page 129 of 303 www.communitiesinbloom.ca | facebook.com/communitiesinbloom | twitter.com/cibcef Agenda Info Item C - September 9, 2013
ACCOMMODATION Main Conference Hotel
Fairmont Château Laurier Hôtel 1 Rideau Street, Ottawa, Ontario K1N 8S7 – Tel.: 613-241-1414
Toll Free Reservations: 1-800-441-1414. Please mention Communities in Bloom Awards & Symposium 2013 when making your reservations to access conference rate and availability OR reserve directly on line at: https://resweb.passkey.com/go/communitiesinbloom $175 + taxes / night / room, single or double occupancy
Important Note: Fairmont President’s Club Members get free internet in their guestroom in addition to many other advantages. Membership in Fairmont President’s Club is complimentary. Simply log in to: www.fairmont.com and follow the link to enroll. Guest must register at least 48 hours before arrival.
Official Car Rental Companies
National Car Rental and Enterprise Rent-A-Car are the official car rental companies for Communities in Bloom. If you are planning your trip to Ottawa, click here to make your reservation.
Official Ground Transportation
VALID: October 20th to 28th, 2013 TERRITORY: From all stations throughout the VIA system to Ottawa, Ontario and return RESTRICTIONS: Fare applies to a maximum of two passengers per booking. One complimentary stopover is allowed at no additional charge. For travel on all fare plans in Business class, the first stopover is allowed at no additional charge, provided that this stopover takes place in Toronto, Montréal or Ottawa only. DISCOUNT: 10% OFF the best available fare in Economy, Business, Sleeper, or Sleeper Plus class. “Subject to the conditions and restrictions of the fare plan to which the additional discount is being applied.” EXCEPTION: Discount does not apply in Economy - special or escape fare IDENTIFCATION: Participants must reference the event’s VIA convention code: 12620. INFORMATION TO PARTICIPANTS: Online booking tips >> You have to log in to your profile, or create one prior to booking. On the Passenger information screen, select “Convention fare” from the “Discount Type” drop-down menu, and enter the discount code for your convention or event in the “Discount code” field. This code has been given to you by the conference organizer. The conference fare will be shown on the next page.
Communities in Bloom 112 Terry Fox, Kirkland, Québec H9H 4M3 Tel.: 514-694-8871 – Fax: 514-694-3725 For information: [email protected] www.communitiesinbloom.ca | facebook.com/communitiesinbloom | twitter.com/cibcefPage 130 of 303 Agenda Info Item D - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-3995 (fax) 519-332-2664 (TTY) www.sarnia.ca [email protected]
September 3, 2013
Mayor Bradley and Members of Sarnia City Council:
Re: Update on Shareholder Resolution – Sarnia Power Corporation
At the last meeting of Council on July 15, 2013, Council approved the appointment of directors, annual financial statements as well as the appointment of auditors for Sarnia Power Corporation.
A question was raised as to what corporation was being referred to in the Shareholder Consent form (copy attached), and we have confirmed that the corporation in question was Sarnia Power Corporation.
Sincerely,
Brian W. Knott City Solicitor/Clerk
Attach: Shareholder Consent Form
Page 131 of 303 Agenda Info Item D - September 9, 2013
Page 132 of 303 Agenda Info Item D - September 9, 2013
Page 133 of 303 Page 134 of 303 Agenda Info Item E - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CPA, CA Director of Finance
DATE: August 26, 2013
SUBJECT: Results of the Smart Water Meter Pilot Project as conducted by Bluewater Power
Recommendation: It is recommended:
1. That the report from Bluewater Power be received and filed and that no further action be taken on the implementation of smart water meters at this time.
Background: Council approved the use of $15,000 from the 2011 Water Meter Replacement Capital Project during the October 3, 2011 Council meeting to fund a Water Meter Replacement Pilot Project in the City of Sarnia.
Bluewater Power partnered with the City of Sarnia to operate a test program for water meter replacement for approximately thirty (30) households within the City of Sarnia in order to test a new type of water meter. The currently installed water meters, for the majority of the City of Sarnia’s water customers, have exceeded their useful life. The cost of mass replacement of water meters versus the benefits to be obtained through the replacement of water meters needed to be assessed before recommending a water meter project to Council.
A pilot project was undertaken in order to assess the accuracy of the currently installed water meter base in Sarnia and also to test the benefits of installing a new composite meter, with no moving parts. Bluewater Power has now completed the tests and has summarized the results. The executive summary from their final report is attached. The full report is
Page 135 of 303 Agenda Info Item E - September 9, 2013
available in the Finance department. It includes the results of this testing, and provides several potential go forward options including costs for the eventual replacement of all water meters within the City. Replacement of all water meters includes approximately 27,000 water meters throughout the City of Sarnia.
Comments: The first purpose of the pilot project was to determine average meter accuracy for the currently installed meter inventory in the City. Of the thirty-five (35) meters that were pulled and tested during this pilot project only four (4) meters passed the current standard, with the majority of the balance having failed most of the tests on a marginal basis. Six (6) of the thirty-five (35) meters or approximately 20% of the test sample size did not measure any consumption. Actual results are detailed in the report. Based on the results, and the fact that the majority of the water meters tested failed the testing on a marginal basis, it is difficult to draw adequate conclusions regarding the need to replace all water meters in the City. Staff would recommend that a larger sample size be tested to verify the results of this pilot project. Staff and Council need to weigh the benefits of mass replacement of all water meters with the increased accuracy, and potential increase in revenue, that would be achieved.
The report concludes that the overall average accuracy of all tested meters is approximately 88% which would suggest that the City is faced with a 12% loss factor in their water meter inventory. If we assume that each customer consumes an average of approximately 20 cubic meters per month, we would be under billing for 2.4 cubic meters per month or approximately $6.00 for water per year and approximately $6.50 per year for sewer, based on current rates. If we extrapolate the losses over all 27,000 water meters this would equate to an annual lost revenue of approximately $330,000 for the City of Sarnia. As the existing meter inventory ages this lost revenue would be expected to grow.
The next step in assessing whether the water meter inventory should be replaced is to compare the annual estimated lost revenue of approximately $330,000 to the overall Capital cost of replacing the water meter inventory throughout the City. Based on the analysis in the report, the total up front Capital cost required to install all new meters with current meter infrastructure technology will be between $7.8 and $10 million dollars. Assuming a maximum cost of $10 million dollars on this project and a potential recoverable revenue equal to the current estimated lost revenue of $330,000, the City would realize a return of approximately 3.3% on this Capital investment. While the rate of return of 3.3% is currently above what the City of Sarnia earns on its current investments and bank account
Page 136 of 303 Agenda Info Item E - September 9, 2013
balance, Staff is not recommending any mass meter changes at this point due to the large Capital costs involved. Other Capital priorities in the City would be ranked higher when compared to a change in meter technology.
Staff is recommending that this report be received and filed at this time by Council, and that staff look at a long term water meter replacement project. Currently, $150,000 is placed in the budget annually for water meter replacement. Staff would look at increases to this amount such that meter replacements could take place in an organized fashion throughout the City on an ongoing basis. While it would take a long time for the current water meter replacement stock to be replaced, an annual program would be a more feasible recommendation than a mass replacement at this time. A future report will be prepared for Council that addresses a long term meter replacement strategy.
Consultation: Bluewater Power undertook the water meter replacement study on behalf of the City of Sarnia. Finance and Engineering worked together with Bluewater Power on preparation of this report.
Financial Implications: The financial implications of undertaking a water meter replacement program are stated throughout the report.
In summary, the replacement of all water meters within the City would be approximately $7.8 to $10 million depending on the technology and options implemented. Based on a small sample size of thirty-five (35) meters pulled and tested for this study the potential water loss of 12% per year could be creating a revenue loss of $330,000 between the water and sewer budgets. Staff is not recommending the expenditure of $7.8 to $10 million at this time based on the overall Capital cost of replacing all the meters and based on other Capital priorities for the City.
Prepared by: Reviewed by:
Brian McKay, CPA, CA Lloyd Fennell Director of Finance City Manager
Attachment: Executive Summary from the Bluewater Power Smart Meter Report
Page 137 of 303 Agenda Info Item E - September 9, 2013 n BLUEWATER POWER SERVICES CORPORATION SENSUS iPERL SMART WATER METER PILOT PROJECT II SECTION 1 -EXECUTIVE SUMMARY Background
ll In late 2011, the City of Sarnia approved $15,000 to fund a capital water meter ll replacement pilot project in the City of Sarnia. Bluewater Power also contributed resources to this initiative to ensure it was completed properly. This rc'j)Ort is the summary of that pilot ll project. ll II The Project The City of Samia and Bluewater Power partnered on a pilot test program f(>r water II meter replacement in 35 households and small commercial properties within the City of Samia in IJ order to test a new type of water meter. The pilot study commenced in 2012 and the test program was carried out between August 2012 and May 2013. The entire pilot project was completed ll within budget. ll Purpose
I The City of Samia currently has approximately 27,000 water meters installed for the E City's water and sewer customers. Many of these meters are in excess of fifteen years old and have exceeded their useful life. The purpose of the pilot project was twofold; first to determine
I an average meter accuracy for the current installed meters in Sarnia and second, to test the 11 benefits of a ne\v composite water meter \Vith no moving parts 11 I]
11 3 Page 138 of 303 Agenda Info Item E - September 9, 2013 1"1 BLUEWATER POWER SERVICES CORPORATION SENSUS iPERL SMART WATER METER PILOT PROJECT 1'1 Method ln order to determine the average meter accuracy for the currently installed meters in
11 Samia, 35 residential type meters (5/8" or 3/4") were selected that represented a fair cross 1:1 section of the 27,000 meters in age, manufacture, location and style. These meters were removed as per the procedure outlined in this report and were shipped to an accredited water meter test
11 facility. The meters were tested using the latest version of the American Water Works
1 IJ Association test standard; A WWA c-700 • Once the results from the accuracy tests were completed, the findings were extrapolated over the entire existing water meter population based
I! on industry standard flow profiles for customers averaging 20 cubic meters per month. Although ll the sample size was very smalL the results were similar to the findings of other Ontario municipalities with a comparable water system.
I In order to test the benefits of new composite water meters with no moving parts, a I Sensus iPerl meter (detailed in the report) replaced the existing 35 meters as they were removed. The iPerl meter is one of the industry's most advanced water meters; while other meters may
I also have been suitable for the pilot, the Sensus hrand has the additional benefit of being able to • 'piggy back' on Bluewater Power's automated reading system built for the electric smart meter. • Results 1 I Of the 35 meters tested, 4 meters passed the AWWA c-700 standard , with the majority I of the balance having failed most marginally. It should be noted however that 6 meters did not measure any consumption in either the mid and/or low flow tests. The actual results are detailed
I within the report. Industry standard flow profiles for consumers averaging 20 cubic meters per • month were applied to the 35 test meters which resulted in a finding of an oYerall average 4 •- Page 139 of 303 Agenda Info Item E - September 9, 2013 ll BLUEWATER POWER SERVICES CORPORATION SENSUS iPERL SMART WATER METER PILOT PROJECT 11 accuracy of 88%. The results would suggest that based on this 12% Joss factor, each customer consuming an average of 20 cubic meters per month would be under billed for 2.4 cubic meters
II per month or approximately $6.00 per year for water and approximately $6.50 per year for IJ sewer. If these losses are extrapolated over all 27.000 water meters this would equate to annual lost revenue of approximately $330,000 to the City of Sarnia. It should be assumed that the loss
ll factor will continue to increase over time; however it is not possible to predict the actual amount IJ without annual sampling. The 20 year iPerl water meter performed very well in the test and provided many benefits
ll as discussed further within this report. However, the cost of the iPerlmetcr is comparatively high I" and may n<>t be the best choice for any city with a dominatc-fixcd·Tatc structure. However, it is
1 I, important to keep in mind that this meter commits to meeting the A WW A c-700 accuracy standard for an entire 20 year period and therefore the higher up-front costs may he justified over
a full life cycle analysis. An important note about the iPerl meter is that at the 20 year point, all I• meters would have to be reviewed for either replacement of the battery or the entire meter. A key function of the iPerl meter is the ability, when fitted with a FlexNet Transmitter, to I provide customers with 'real time' consumption inforn1ation as a result of its capability to I capture very low-flow usage. In order to take advantage of providing customers with this real time internet based feature, the meter needs to be coupled with Advanced Metering Infrastructure
I (AMI) and Automatic Mett.-r Reading (AMR) technologies. The ongoing annual costs associated I with moving to an AMI/ AMR system are approximately equal to current costs of "foot" reading. The City of Sarnia will have to consider if the benefits of providing customers with the ability to
I know their consumption pattern in virtual real time is worth the capital costs of the program, I
I 5 • Page 140 of 303 Agenda Info Item E - September 9, 2013 ll BLUEWATER POWER SERVICES CORPORATION SENSUS iPERL SMART WATER METER PILOT PROJECT 11 since there are no savings to annual ongoing costs. These capital costs are significant and arc summarized in the following chart:
IJ Cost Chart
i 10 vear ll ' . [ 20 year iPerl ! Traditional ! Meter I Meter ll I Cost Per Unit Range i $80-l 00 I $130-150 1 Installation Per Unit Range ---- i$6o=8-o · · t $6o:so- ··-- ---T$60-so-- r-~~~------~------~-~~~~----~------+------~------1 One Life Cycle Cost Up Front Capital ! $ _ M I] 4 3 $4.3M I $5.6:V1 , Costs , I 20 year Life Cycl;-Cost -~-~~ ----T$9.9M- -- --T$9~9i"1--~- --T$5.6~1- -- ,..-.-- ·------~------l------I] LFlex Net Transmitter Per Unit_~- __ 1~120-~4_0_ ! $120-140 ) $120-140 i Installation of Tran_smittf!1'_l'er Unit $60-80 ---r$6o~sc) -·····-· 'S6o--s-o ········· -····· I Total Cost ofMeter+ Flexi\'et I] ' $290-$320 $290-$320 . $340-S370 ' Transmitter Per Unit One Life Cycle Cost of All Meters IJ Including FlexNet Transmitter ' $7.8M-S8.6M I S7.8M-8.6M I $9.2-lO.OM 20 Year Life Cycle Cost ofMeters Including FlexNet Transmitter i $12.1M-12.9M I $12.1M-12.9M I $9.2-IO.OM
In summary, the total upfront capital costs required to install all new I 11 meters with advanced meter infrastructure is between $7.8M-$10.0M. I ! I I I I I I
6 •- Page 141 of 303 Agenda Info Item E - September 9, 2013
BLUEWATER POWER SERVICES CORPORATION SENSUS iPERL SMART WATER METER PILOT PROJECT
• W c note that the lowest cost alternative over the 20 year life cycle is the iPerl Meter due to the
fact that this meter is guaranteed for 20 years, compared to 7 years and 10 years for the • traditional meters. It is worth noting, however, that the iPerl meter has a hard stop to its meter IJ reading, in that the battery needs to be changed after 20 years or the meter will register zero consumption; whereas the traditional meter can be left in place past their guarantee period • without touching the meter if the municipality is prepared to accept that reading accuracy will II decline with age (that is, always registering less consumption). [I n u
. D• . II.
II.
1The A WW A c-700 Standard states that the accuracy of measurement at High Flow (15gpm) is 98.5-101.5%, at Medium Flow (2gpm) is 98.5-101.5% and at Low Flow (l/4gpm) is 95-101.5%. Any results that fall outside of these ranges are considered a faiL Of the 35 meters tested, only 4 II were considered a pass. ll 7 Page 142 of 303 Agenda Info Item F - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: August 26, 2013
SUBJECT: Sarnia Accessibility Advisory Committee (SAAC)
Recommendation: It is recommended:
1. That staff be directed to advertise as soon as possible for new members for appointment to the Sarnia Accessibility Advisory Committee.
Background & Comments: The Sarnia Accessibility Advisory Committee - SAAC has recently received a letter of resignation from Sandy Boldt due to job commitments, and one of their members, Lorraine MacLeod, passed away in June.
The Sarnia Accessibility Advisory Committee is a requirement of the Ontarians with Disabilities Act (ODA), 2001. The Committee requires a complement of up to 12 members with the majority being persons with disabilities. The Committee works towards a barrier free municipality where all people can fully participate. When the 2013/2014 term appointments were made 12 members were appointed. Presently there are 10 members remaining, but with members experiencing both health and transportation issues, the Committee encounters problems in achieving quorum.
The SAAC Committee has requested that the vacancies be filled to allow the Committee to operate effectively. Members of the SAAC Committee felt that there are individuals who have previously expressed an interest on serving on the Committee, but did not submit an application when appointments were being made. It is now felt that it is in the best interest of the Committee and the City to undertake a further search for additional
Page 143 of 303 Agenda Info Item F - September 9, 2013
members. A notice seeking new members could be placed as soon as possible.
Consultation: The Accessibility Coordinator and Committee members have provided information for this report and were consulted on its contents and direction.
Financial Implications: There are no financial implications with appointment to the Sarnia Accessibility Advisory Committee – SAAC.
Prepared by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Attachment(s): None
Page 144 of 303 Agenda Info Item G - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
Engineering Department
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: September 3, 2013
SUBJECT: Penhuron Lane Easement – Water and Sewer
Recommendation: It is recommended:
1. That the City accept a water and sewer easement from the owner of Penhuron Lane and that the Mayor and Clerk be authorized to sign all required documentation.
Background: Penhuron Lane is a private lane in Bright’s Grove with approximately eight houses on it. In 1975, the Ministry of the Environment obtained a water and sewer easement. It is believed that a water line was installed around this time.
Comments: The City is now responsible for the water line and has been maintaining the line and charging residents for the water. At this time it is necessary to replace the water line. In order to protect the City’s interest in the line it is recommended the City obtain an easement.
Consultation: The owner, Public Works and the Legal Department have been consulted.
Page 145 of 303 Agenda Info Item G - September 9, 2013
Financial Implications: The consideration and registration of the easement is nominal.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Robert Williams, Construction Manager
Attachment(s): Map of Construction Area
Page 146 of 303 Agenda Info Item G - September 9, 2013
Contract# 9-2013 Penhuron Lane Reconstruction
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Prepared by the Engineering Department, City of Sarnia - Dated August 28, 2013. 0 125 250 500 Meters
Page 147 of 303 Page 148 of 303 Agenda Info Item H - September 9, 2013
Corporation of the County of Essex
Office of the Director of Council Services/Clerk
Mary S. Brennan, B.A., C.M.O. Director of Council Services/Clerk
July 19, 2013
Via email: [email protected]
Great Lakes St. Lawrence Cities Initiative 20 North Wacker Drive Suite 27011 Chicago, Illinois 60606
Attention: Mr. David Ullrich, Executive Director
Dear Mr. Ullrich:
Re: Deep Geologic Repository in Kincardine
Essex County Council, at its Wednesday, July 17, 2013 meeting, adopted the following resolution:
182-13 Moved by Ms. Stomp Seconded by Mr. Wright Whereas the Municipality of Kincardine has offered to host a Deep Geologic Repository (DGR) of low and intermediate level nuclear waste at the Bruce Nuclear Power Station site, supported by Ontario Power Generation (OPG);
And Whereas concern has been expressed by other Municipalities in both Canada and the United States, as well as individuals, citizen and environmental groups;
And Whereas the County of Essex, in the Province of Ontario, shares many of those concerns, including, but not solely related to, the risk of embedment of nuclear waste at a site less than 1 kilometre from the Great Lakes, a source of drinking water to 40 million people and supplying 21% of the world’s fresh water;
And Whereas the proposed site is in limestone above an ancient waterbed, and there has been no intensive research done on
360 Fairview Ave. West, Essex, Ontario N8M 1Y6; Phone: 519-776-6441, Extension. 335; Fax 519-776-4455 TTY 1-877-624-4832 - E-mail: [email protected] 149 of 303 Agenda Info Item H - September 9, 2013 Great Lakes St. Lawrence Cities Initiative Page 2 of 2 July 17, 2013
other sites available in the granite of the Canadian Shield, or elsewhere;
And Whereas there has not been a disaster/containment plan articulated;
Be It Resolved that the County of Essex is not in support of the Kincardine location for a DGR at this time, and requests more information, alternatives and plans be presented, and more research and results be reported and critically reviewed before a final decision is made.
This motion is to be forwarded to Great Lakes St. Lawrence Cities Initiative for distribution to the appropriate authorities and interested parties. Carried
We would ask that the County of Essex be provided with any additional information that may come forward on this issue.
Regards,
Mary Brennan, Director of Council Services/Clerk
MB:sw Attachment
cc: Frank Fernandez ([email protected]) Ontario Power Generation, Nuclear Waste Management ([email protected]) Marti McFadzean, Chair, Inverhuron Committee ([email protected])
Page 150 of 303 Agenda Info Item I - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PARKS AND RECREATION DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Ian Smith, Director of Parks and Recreation
DATE: August 26, 2013
SUBJECT: Golden K Club – Payment for Services
Recommendation: For Council Information.
Background: It is believed that governments, community organizations, service clubs and individuals have a shared responsibility to provide community services. As a result, the Parks and Recreation Department collaborates with a number of community associations, groups and service clubs. These partnerships have resulted in a strong sense of community, created additional community resources or renewed community assets. To continue these creative community partnerships, requires an understanding that these community groups want to work with the City and require a special operating model to maximize community interaction. Some recent examples of community partnerships are:
Kenwick on the Lake – renewal of Kenwick Park project Braves Baseball – renewal of Errol Russell Ballfield Seaway Kiwanis – Canatara Wedding Pavilion
These are large scale projects but there are also numerous examples of smaller scale projects such as the purchase of memorial benches or trees. The development of a pavilion on the waterfront by the Sarnia Rotary Club is an example of a community partnership. Without this collaboration, the project would not have been undertaken by the City and the community would be without this community asset.
In these partnerships, awareness of issues such as compliance to procurement policies and insurance liabilities is necessary. In most cases,
Page 151 of 303 Agenda Info Item I - September 9, 2013
procurement policies are followed with some minor exceptions such as the purchase of refreshments for the workers. In regards to insurance liability, community groups, working on City properties, must follow a good health and safety program. In general, residents are allowed to be on City property for a variety of reasons including recreational purposes. In this case, with a safety plan, they would be allowed to participate in volunteer work projects that benefit the City.
Comments: A number of years ago, the Golden K Rotary Club approached the Parks and Recreation Department with a request to provide small scale maintenance that would benefit the City. These projects ranged from painting playground equipment/ park benches to repairs to the Points Lands lookout. The Golden K Club provided the labour, while the City supplied the project materials.
In 2012, the Golden K Club requested the opportunity to be involved in a larger scale project – repairs to the Sarnia Bay Marina Fuel Dock. After some discussion with staff, the work was divided into yearly phases. In 2012, the first phase was completed, while in 2013, the second phase was done. As in the past, the Club invoiced the City for labour on the work completed. In 2013, the Golden K charged a nominal amount of $6,000 for labour. All funds raised are used by the Golden K Club to continue their community work with donations made to the Parks and Recreation Department and other community groups. All payments for labour costs are from the Parks and Recreation Budget.
In reviewing the work performed, it is to a high standard and will add years to the Sarnia Bay Marina Fuels docks. If the work had been contracted out, it would have cost between $75,000 to $100,000, while working with Golden K Club, the cost will be less than half that amount and spread out over three years.
The concern from staff was the work would be too large a scale for a mature group of volunteers. However, the workmanship and phasing of the work have shown that the Golden K Club is able to undertake the work and find another way to contribute to the community.
Consultation: Consultation has been with the City Manager, City Solicitor/ Clerk, Director of Finance as well as members of the Golden K Club.
Financial Implications: The department is able to fund the project over a three year period while a large capital budget item would have a been a challenge to the Department’s
Page 152 of 303 Agenda Info Item I - September 9, 2013
budget. With community groups, working on these types of projects, it allows for completion at half the cost.
Prepared by: Approved by:
Ian J. Smith Lloyd Fennell Director of Parks and Recreation City Manager
Attachment(s): none
Page 153 of 303 Page 154 of 303 Agenda Info Item J - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: September 3, 2013
SUBJECT: Amendment to the Municipal Law Enforcement Officers By-Law
Recommendation: It is recommended:
1. That Sarnia City Council amends By-Law Number 134 of 1994, as amended, by revising Schedules “A”, “B” and “D” to reflect changes made to the Municipal Law Enforcement Officers By-Law.
Background & Comments: Schedule “A” City Solicitor/Clerk’s Department is being revised to add Becky Knight and Shannon Jacques to Animal Control.
Schedule “B” Parking and Traffic is being revised to add Brian White.
Schedule “D” Works is being revised to remove Amanda Moddejonge and Shayne Stonehouse under Waste Disposal, Streets & Other Matters as they are no longer employed by the City.
It is appropriate to update the Municipal Law Enforcement Officers By-Law to reflect these changes.
Consultation: The Acting Deputy Clerk, the Transportation Engineer and the Development Manager have been consulted with respect to these amendments and are in agreement with this report.
Page 155 of 303 Agenda Info Item J - September 9, 2013
Financial Implications: There are no financial implications as a result of the amendments to the By- Law.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment(s): None c.c. B. Loosley A. Khan M. Berkvens
Doc: L:\LAW CLERK\LEGAL MISC 2013\MUNICIPAL LAW ENFORCE OFFICER AMEND-RTC-SEPT3-13.AD1 (FILE #90-3396)
Page 156 of 303 Agenda Info Item K - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CPA, CA Director of Finance
DATE: August 28, 2013
SUBJECT: Local Improvement Charge for 1873 London Line
Recommendation: It is recommended:
1. That Council approve the local improvement charge payment terms for drainage work in the amount of $14,829.30 done by the City at 1873 London Line, to be paid to the City in one $3,000 installment and 4 subsequent annual installments of $3,336.00 from 2014 to 2017.
Background: Drainage work on the culvert impacting the property at 1873 London Line has been completed by the City; the total cost of the drainage work is $14,829.30. Due to the high cost of the work, the property owner has requested that payment be made over 5 installments. Council approval is needed to approve the local improvement charge being applied to the property tax roll number for 1873 London Line and for payments to occur from 2013 to 2017.
Comments: The total value of the local improvement work at 1873 London Line was $14,829.30. Local improvement charges extending beyond one year that are added to the tax roll require Council approval. Interest at the rate of prime plus 2% is charged on these local improvement charges. The CIBC current prime rate as of August 28, 2013 is 3% therefore, 5% will be charged on the local improvement. The first payment of $3,000.00 will be due by the end of October 2013. Subsequent annual payments of $3,336.00
Page 157 of 303 Agenda Info Item K - September 9, 2013
will be paid as part of the annual final tax installments for the years 2014 to 2017. The following chart outlines the amortization schedule for this loan.
Payment Beg Payment Principal Interest End Date Balance Balance 2013 $14,829.30 $3,000.00 $3,000.00 $0.00 $11,829.30 2014 11,829.30 3,336.00 2,744.54 591.46 9,084.76 2015 9,084.76 3,336.00 2,881.76 454.24 6,203.00 2016 6,203.00 3,336.00 3,025.85 310.15 3,177.15 2017 3,177.15 3,336.00 3,177.15 158.85 0.00
Consultation: The property owner at 1873 London Line was consulted with respect to this report and the payment of the local improvement charge over the 5 year term. A payment of $3,000.00 will be due once the local improvement charge is approved by Council. The remaining local improvement charge will then be added to the tax roll.
Financial Implications: The total value of local improvement work done at 1873 London Line was $14,829.30. This local improvement charge will be added to the tax roll at 1873 London Line and will be paid over a period of 5 years. An initial payment of $3,000.00 will be due once Council approves the local improvement charge. The annual payment on this local improvement charge will be $3,336.00.
Prepared by: Reviewed by:
Brian McKay, CPA, CA Lloyd Fennell Director of Finance City Manager
Attachment(s): none
Page 158 of 303 Agenda Info Item L - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng. City Engineer
DATE: August 23, 2013
SUBJECT: Standard Crossing Agreement with Sun Canadian Pipe Line Company Limited
Recommendations: It is recommended:
1. That Council authorize the Mayor and Clerk to sign a Standard Crossing Agreement between Sun Canadian Pipe Line Company Limited and the Corporation of the City of Sarnia, required as part of the River Road Trail Construction.
Background: As part of the Community Infrastructure Improvement Funding, an extension of the River Road Bluewater Trail is being designed and constructed. A 200 mm diameter high pressure oil pipeline owned by Sun Canadian runs close to the proposed alignment of the trail. In order to carryout construction of the trail close to this pipeline, a Standard Crossing Agreement must be entered into with Sun Canadian Pipe Line Company Limited.
Comments: Construction of the next section of the River Road Bluewater Trail cannot proceed without signing of the Standard Crossing Agreement with Sun Canadian Pipe Line Company Limited
Consultation: The City Solicitor and Clerk’s Office was consulted on the review of this crossing agreement.
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Financial Implications: There are no fees related to this Standard Crossing Agreement.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Pratt Rawat, Manager of Design and Infrastructure
Attachment(s): None
Page 160 of 303 Agenda Info Item M - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng. City Engineer
DATE: August 14, 2013
SUBJECT: Kel-Gor Limited Wastewater Monitoring Agreement
Recommendations: It is recommended:
1. That Council authorize the Mayor and Clerk to sign a Wastewater Monitoring Agreement with Kel-Gor Limited.
Background: Kel-Gor Limited has been working to alter the release of the hydrotest water as part of their Environmental Compliance Approval with the Ministry of the Environment (MOE). The hydrotest water is used to pressurize vessels and pressure piping at the 1411 Plank Road facility to ensure the clients’ requirements and provincial regulations are achieved before the vessels and pressure piping are delivered to their clients. These vessels and piping are constructed with new materials and the spent hydrotest water meets the City of Sarnia’s Sewer Use By-Law for discharge into the municipal sanitary system.
Comments: When a company discharges process water into the City’s sewer system a Wastewater Monitoring Agreement is required in accordance with the City of Sarnia’s Sewer Use By-Law. Kel-Gor Limited currently fills the vessels and piping from the City’s water system, pressurizes the units to ensure compliance, and then releases the water into the Cole Drain through existing stormwater discharges. Working with the MOE, a local environmental consulting company, and local contractor, they have determined the release of the hydrotest water into the City’s sanitary system would be a better outlet than the open ditch.
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The release of the hydrotest water will not be a quality or quantity concern to the City’s sanitary system. The quality of the hydrotest water has been tested for a number of years during this process and has not presented a problem in the release. The hydrotest water will be released periodically throughout the year into their existing sanitary connection. This connection is a minimum diameter and is a gravity flow connection, therefore will not present a quantity concern to the City’s system.
Consultation: Kel-Gor Limited, the City’s Legal Department, and Engineering staff from the Wastewater Collection System and Wastewater Treatment Facility have been consulted.
Financial Implications: There is no financial burden or financial gain to the City of Sarnia on this matter.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Mike Berkvens C.E.T., Development Manager
Attachment(s): none
Page 162 of 303 Agenda Info Item N - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CPA, CA Director of Finance
DATE: August 27, 2013
SUBJECT: Funding of Amortization and Other Estimated Expenses for 2014
Recommendation: It is recommended:
1. That Council receive and file the 2014 budget reconciliation with respect to the impact of amortization, post-employment benefits expense and solid-waste landfill closure and post-closure expenses.
Background: Significant changes as prescribed by the Public Sector Accounting Board (PSAB) led to changes in the overall financial statement format for the 2009 year-end. The valuation and inclusion of tangible capital assets (TCAs) for 2009 introduced an additional expense for amortization that previously has not been included in the City’s year-end financial statements. Amortization expense, along with post-employment benefit expenses and costs for solid- waste landfill closure and post-closure expenses have not historically been included in the annual budget.
This report outlines the budget measures as stated in Ontario Reg. 284/09 and provides reconciliation information for the 2014 budget year. Ontario Reg. 284/09 requires that staff prepare a report before the budget is passed outlining the impact of not including amortization, post-employment benefits expense and solid-waste landfill closure and post-closure expenses in the budget. Council is required to adopt this report by resolution.
Comments: Ontario Regulation 284/09 made under the Municipal Act 2001 deals with budget matters on certain or specific expenses. This regulation states that in preparing the budget for a year a municipality may exclude from the estimated expenses all or a portion of the following; 1. Amortization expenses Page 163 of 303 Agenda Info Item N - September 9, 2013
2. Post-employment benefit expenses 3. Solid waste landfill closure and post closure expenses.
This regulation states that for 2011 and subsequent years, the municipality or local board shall, before adopting a budget for the year that excludes any of the expenses listed in Section 1, a) prepare a report about the excluded expenses; and b) adopt a report by resolution.
The report shall contain at least the following; 1. An estimate of the change in the accumulated surplus of the municipality or local board to the end of the year resulting from the exclusion of any of the expenses listed above. 2. An analysis of the estimated impact of the exclusion of any of the expenses on the future tangible capital assets funding requirements of the municipality or local board.
2014 Budget Year The budget for 2014 excludes amortization, post-employment benefits expenses, and solid-waste landfill closure and post-closure expenses. The anticipated financial impact of excluding these three expenses on the anticipated 2014 year end accumulated surplus is as follows: • Amortization expense for 2014 is anticipated to be $15,310,000. This estimate does not include the estimated impact of amortization on asset additions for 2013 and 2014. • Post-employment benefits expense for 2014 is anticipated to be $1,200,000 based on past trends. • Solid-waste landfill closure and post-closure expenses for 2014 will be $15,000.
These amounts are estimates at this time and will be verified as part of the 2014 year end audit. In total, the above three expenses will reduce the City’s accumulated surplus at the end of 2014 by $16,525,000.
Ontario Reg. 284/09 and the City’s Budget Process Ontario Reg. 284/09 deals with three expenses as listed in this report that previously have not been included in the City’s budget process. The Municipal Act still requires that municipalities pass balanced budgets even though the three expenses, with emphasis on amortization, introduce significant costs. The City, for 2014, will transfer $13,655,463 into various reserves and reserve funds from various operating budgets to be used for capital renewal and rehabilitation. When compared with the anticipated amortization of $15,310,000 for 2014, the City’s capital transfers still contain a shortfall of $1,654,537. The other two expenses total an additional $1,215,000 that would need to be included in the budget. If the City of Sarnia included the three expenses in the 2014 budget, an additional $2,869,537 of revenue would be required to meet the balanced budget Page 164 of 303 Agenda Info Item N - September 9, 2013
requirement. In lieu of other revenue sources, this amount would need to be included in the general tax levy, which, for 2014, would further increase the tax levy by 4.89%.
Staff does not recommend any changes with how these expenses are dealt with during the annual budget preparation and deliberation.
Future Tangible Capital Asset Funding Requirements Tangible capital assets are included in the City’s financial statements at their historic or original cost. For example, a water main that was built in 1960 would be included on the financial statements at the 1960 construction cost. This treatment is mandated by PSAB. The City tracks the current replacement cost of the assets which uses a current year value. The 1960 water main would cost significantly more in 2014 to replace than the original 1960 construction value.
Amortization is calculated based on the older historical cost information. Amortization is not calculated using current replacement cost. Therefore, using amortization as a funding level does not account for increased costs of replacing assets in today’s dollars. Amortization in 2014, for the City’s existing assets, is anticipated to be $15,310,000. The City, in 2014, is anticipating capital transfers to reserves and reserve funds from operating budgets of $13,655,463 to be used on asset renewal and rehabilitation. This funding level is below the amortization amount and is significantly below the current replacement cost of the City’s assets. As well, this current funding level in the 2014 budget does not address the infrastructure deficit that has previously been communicated to Council. City staff has been attempting to phase in increases in capital asset funding during the budget process. This phase in must balance with the ability of the community to pay for asset rehabilitation. Increasing costs in other areas of the operating, water and sewer budgets means that the total rehabilitation costs cannot be introduced into the budget in one year. Such a significant change in one year would be unsustainable for the City’s tax, water and sewer customers.
The best method to pay for capital asset renewal and rehabilitation, from a funding standpoint, is based on replacement value. The City’s assets have a current replacement value of approximately $1.5 billion. The amount of the current infrastructure deficit would also be included for immediate funding. However, from an ability-to-pay standpoint for the City’s tax, water and sewer customers, this funding model is not appropriate or possible. The increases to the tax, water and sewer rates would be unaffordable to the ratepayers.
Staff is not recommending any change from the phase-in approach currently being used in the City’s annual budgets.
Page 165 of 303 Agenda Info Item N - September 9, 2013
Consultation: No consultation was required in the preparation of this report.
Financial Implications: Any financial implications have been analyzed in the report.
Prepared by: Reviewed by:
Brian McKay, CPA, CA Lloyd Fennell Director of Finance City Manager
Attachment(s): None
Page 166 of 303 Agenda Info Item O - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CPA, CA Director of Finance
DATE: August 28, 2013
SUBJECT: Financial Analysis on Sarnia General Hospital Concept Plans
Recommendation: For Council information.
Background: At the July 15, 2013 Council meeting, a motion was passed directing the Finance Department to prepare a Cost Benefit Analysis of the conceptual plans for the Sarnia General Hospital lands as presented in a report from the Planning Department. This report analyses the four (4) redevelopment concept plans that were provided to Council as part of the July 15, 2013 report from the Planning Department.
Comments: The following analysis is provided to Council on the overall positive tax impacts that would be potentially realized from the redevelopment of the Sarnia General Hospital site. Staff has made assumptions based on the assessed value of any development to occur on this property. These assumptions are listed below for each of the various four redevelopment plans. Staff has then applied the current approved 2013 tax rates to these various concept plans in order to arrive at a potential future tax revenue. It should be noted that the analysis below does not include the potential capital costs of demolition of the building at this site. Any positive tax impacts would be realized over time, as the site development would be anticipated to occur during a number of years. The numbers provided for each of the scenarios represents the potential new municipal tax revenue that could be generated on the site after full build out has occurred. County and Education tax amounts have not been included in the analysis.
Page 167 of 303 Agenda Info Item O - September 9, 2013
Concept 1 The first redevelopment concept is for low density housing throughout the Sarnia General site plus a small 210 m2 mixed use building. Fifty-nine (59) single detached homes would be placed on the site. While assessments for the homes is dependent upon the final finished product and would vary from the purposes of this analysis, staff has used an assessed value for each of the houses of $176,000. This figure is based on a median residential assessment value as provided by MPAC. The mixed use building is being treated as new commercial and its value is based on similar sized commercially assessed properties.
Unit Type # of Estimated Tax Class Municipal Estimated Units or Assessed Tax Rate Municipal SQM Value Taxes Single Family Detached 59 units 10,384,000 Residential 0.00834171 $86,620 Small Comm 210 m2 438,603 New CT 0.01357513 5,954 TOTAL: $92,574
Concept 2 The second redevelopment concept included a mix of low and medium density housing with some institutional uses on the property. In total, the site would see twenty-eight (28) single-detached dwellings plus twenty-one (21) town house units and one hundred and eight (108) apartment dwellings. Mixed use of 210 m2 and institutional use of 876 m2 would also be included. Each of the single family detached dwellings is assessed at $176,000 and the town house units are assessed at $85,000. These figures are based on median values as provided by MPAC. The rental units are assessed in the multi-residential tax class and the mixed use and institutional buildings are assessed as commercial. Staff notes that the institutional buildings, depending on their use, could be deemed exempt from taxation.
Unit Type # of Estimated Tax Class Municipal Estimated Units or Assessed Tax Rate Municipal SQM Value Taxes Single Family Detached 28 units 4,928,000 Residential 0.00834171 $41,108 Town House 21 units 1,785,000 Residential 0.00834171 14,890 Apartments 108 units 7,105,752 Multi Res 0.02002011 142,258 Commercial 876 m2 1,947,549 New CT 0.01357513 26,438 Small Comm 210 m2 438,603 New CT 0.01357513 5,954 TOTAL: $230,648
Page 168 of 303 Agenda Info Item O - September 9, 2013
Concept 3 The third redevelopment concept is a mix of low density housing and the development of a social service complex. In total, twenty (20) single detached homes will be built on the site with a large institutional component to also be included. The institutional component will be approximately nine thousand (9,000) square meters in size. Two different tax charts are provided based on two different tax treatments for the institutional building. The first chart shows the institutional building as new commercial. The second chart shows the impact of the institutional building being classified as tax-exempt depending on the building use.
Institutional building classified as new commercial Unit Type # of Estimated Tax Class Municipal Estimated Units or Assessed Tax Rate Municipal SQM Value Taxes Single Family Detached 20 units 3,520,000 Residential 0.00834171 $29,363 Commercial 8361 m2 9,167,166 New CT 0.01357513 124,445 Commercial 737 m2 1,638,552 New CT 0.01357513 22,244 Small Comm 210 m2 438,603 New CT 0.01357513 5,954 TOTAL: $182,006
Institutional building classified as exempt Unit Type # of Estimated Tax Class Municipal Estimated Units or Assessed Tax Rate Municipal SQM Value Taxes Single Family Detached 20 units 3,520,000 Residential 0.00834171 $29,363 Commercial 8361 m2 0 Exempt 0 Commercial 737 m2 1,638,552 New CT 0.01357513 22,244 Small Comm 210 m2 438,603 New CT 0.01357513 5,954 TOTAL: $57,561
Concept 4 The fourth redevelopment concept includes medium density housing plus some space for mixed use or institutional buildings. In total, there will be seven (7) single detached homes and three hundred and forty six (346) apartments to be included on the site. Each of the single family detached dwellings is assessed at $176,000. This figure is based on a median residential value as provided by MPAC. The rental units are assessed in the multi-residential tax class and the mixed use and institutional buildings are assessed as commercial.
Page 169 of 303 Agenda Info Item O - September 9, 2013
Unit Type # of Estimated Tax Class Municipal Estimated Units or Assessed Tax Rate Municipal SQM Value Taxes Single Family Detached 7 units 1,232,000 Residential 0.00834171 $10,277 Apartments 86 units 5,983,020 Multi Res 0.02002011 119,781 Apartments 86 units 5,983,020 Multi Res 0.02002011 119,781 Apartments 86 units 5,983,020 Multi Res 0.02002011 119,781 Apartments 48 units 3,339,360 Multi Res 0.02002011 66,854 Apartments 40 units 2,782,800 Multi Res 0.02002011 55,712 Small Comm 456 m2 958,910 New CT 0.01357513 13,017 TOTAL: $505,203
Consultation: No consultation was required in the preparation of this report.
Financial Implications: The financial implications are listed under the comments section and provide estimated tax revenue based on four separate redevelopment concepts for the former Sarnia General Hospital lands.
It should be noted that the numbers provided are estimates only, to be used for planning and decision making purposes at this time. Final tax revenue to be received by the City is dependent upon all final plans that are approved and final assessment values that are provided by MPAC. Any changes from the concepts as well as differences in tax rates and assessed values on the final units constructed on the site will cause differences from the estimates provided in this report.
Prepared by: Reviewed by:
Brian McKay, CPA, CA Lloyd Fennell Director of Finance City Manager
Attachment(s): none
Page 170 of 303 Agenda Info Item P - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PLANNING AND BUILDING
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Kevin Edwards, Planning Manager
DATE: September 3rd, 2013
SUBJECT: Request for Heritage Designation (197 London Road)
Recommendation: 1. That Sarnia City Council proceed under the Ontario Heritage Act with the heritage designation of the property located at 197 London Road; and
2. That Council authorizes staff to proceed with a publication of the “Notice of Intent to Designate” for this property.
Background: Sarnia’s Heritage Committee considered a request by the owner of the property located at 197 London Road to designate the home as a heritage site. At its meeting held on February 7th, 2013, the Committee passed the following two resolutions:
“Be it resolved that the Committee pursue the designation of the property located at 197 London Road as a heritage site as requested by the owner James Terry.”
The Committee has consulted with the owner of the property regarding his request and has conducted the required heritage review of the property to identify specific features and characteristics that would be worthy of preservation.
Comments: The property known locally as the ‘Mulberry House’ and the ‘Saddy House’, is a 1 1/4 storey yellow brick detached home located on the south-west corner of London Road & Brock Street. The dwelling is believed to have been built in 1867 by Alexander Mackenzie (Canada’s second Prime Minister) for a local tombstone maker, James Roger, with locally fired clay bricks. The home
Page 171 of 303 Agenda Info Item P - September 9, 2013
remained in the Rogers’ family for close to a century until, in 1960, Mayor Marcel Saddy bought it for his home. On his death in 1988, Mr. Saddy left the house to the Sarnia Foundation who used it for offices until it was sold by the foundation to a private citizen who again used as a private residence for several years.
This home is a blend of Gothic revival and Georgian architecture. The gabled roof, with its wood molded fascia and friezes, has been lovingly maintained and is an example of this neighbourhood's character homes.
The solid foundation was constructed of local fieldstone. An inviting broken- pediment overhangs the frontispiece front entrance with interesting sidelights on either side of the door. Stone carvings in the walls on either side of the door were carved by local stonemasons. A back staircase leads to the second for bedrooms. The second floor double hung windows have shaped transoms of louvered wood, except for the semicircular glass top pane over the front door.
Little has changed in the home over the years, but it has been kept up to date as a practical/functional family home with indoor plumbing and a small rear addition constructed in 1910 to provide a better entrance and more kitchen space. The kitchen still has the stone window used to sharpen knives for the past century and a half.
Under Section 29 of the Ontario Heritage Act, the Sarnia Heritage Committee intends to designate the home at 197 London Road for historical and architectural reasons. The property is worthy of designation because of its historical significance, ties to prominent Sarnia political representation and its architectural design characteristics.
The Process: If Council approves the Heritage Committee’s request to designate the exterior structure of the properties as heritage sites, the procedure for designation is as follows: i) a Notice of Intent to Designate under Part IV of the Ontario Heritage Act, R.S.O, 1990, c.O.18 as amended, would have to be published in the local newspaper for a minimum of 30 days, before a designating by-law can be adopted; ii) following the notice period, the Sarnia Heritage Committee will bring a final report with a by-law back to Council for consideration and adoption, to designate the property at a Public Meeting.
Page 172 of 303 Agenda Info Item P - September 9, 2013
No public hearing of Council is required.
Consultation: The Sarnia Heritage Committee has consulted with the Owner of the property prior to proceeding with the proposed designation. The Committee has received an official request (attached) from the property owner requesting that the City proceed with the heritage designation of his property.
Financial Implications: No financial implications.
Reviewed by: Approved by:
Kevin Edwards Lloyd Fennell Planning Manager City Manager
This report was prepared by Max Williams – Planner II
Attachments: Owners Letter of request to designate 197 London Rd Picture of Saddy House
Page 173 of 303 Agenda Info Item P - September 9, 2013
Owner’s Letter of request to designate 197 London Rd.
Page 174 of 303 Agenda Info Item P - September 9, 2013
Attachment: Picture of Saddy House
Page 175 of 303 Page 176 of 303 Agenda Info Item Q - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA
People Serving People
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Lloyd Fennell, City Manager
DATE: September 5, 2013
SUBJECT: Centennial Park Update
Staff met with representatives from Golder Associates, Ministry of the Environment, Medical Officer of Health and MTE – the third party reviewer acting on behalf of the MOE on Tuesday, September 3, 2013.
The purpose of this meeting was to bring all parties together to answer any questions or comments regarding Golder’s draft Risk Assessment (RA) for the Legacy Project area of Centennial Park. The meeting produced a consensus on the way forward and Golders are moving ahead to finalize their report for this phase of the RA. It is anticipated that this report will be available later this fall.
The information in this report will be provided for Council in conjunction with a report seeking approval of the Legacy Project. The report will outline remediation costs as well as Legacy Project costs.
At present, work continues on the RA for the rest of Centennial Park.
LF/ks
Page 177 of 303 Page 178 of 303 Civic Report #1 - September 9, 2013
THE CORPORATION OF THE CITY OF SARNIA People Serving People
SOLICITOR/CLERKS DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: August 13, 2013
SUBJECT: Monthly Raffle Report – July 2013
Organization Licence Fee Prize Royal Canadian Legion $75.00 $2500.00 Sarnia Legionnaires Hockey $210.00 $7000.00 Lambton Junior Sting AAA Hockey $96.00 $3200.00 Sarnia Braves Minor Baseball $70.20 $2340.00 Multiple Sclerosis $36.00 $1200.00 Bluewater Gymnastics $150.00 $5000.00 Pathway Health Centre $45.00 $1500.00 Gallery in the Grove $25.00 $200.00 Totals $707.20 $22940.00
Brian W. Knott – City Solicitor/Clerk
This report was prepared by Carol Barr – Licensing Clerk
Page 179 of 303 Page 180 of 303 Civic Report #2 - September 9, 2013
C I T Y O F S A R N I A MAJOR BUILDING PERMIT APPLICATION STATUS JULY 2013
(1) ST. CLAIR CATHOLIC DISTRICT SCHOOL BOARD Gregory Hogan Elementary School – Addition – Six Classrooms Location: 1825 Hogan Drive Value: $ 1,200,000 Note: Building Permit Issued July 8, 2013
(2) BAILEY TOYOTA Addition and Renovations Location: 1311 Confederation Value: $ 2,190,000 Note: Building Department approval outstanding.
ID. STATUSBP JULY2013.DOC
Page 181 of 303 CITY OF SARNIA BUILDING PERMIT STATISTICS JULY 2013 NUMBER OF PERMITS
# BUILDING #SIGN 2012 #BUILDING #SIGN 2013 MONTH PERMITS 2012 PERMITS 2012 CUMULATIVE PERMITS 2013 PERMITS 2013 CUMULATIVE TOTAL TOTAL JANUARY 16 0 16 15 6 21 FEBRUARY 19 42 77 17 3 41 MARCH 31 12 120 23 72 136 APRIL 48 52 220 48 7 191 Civic Report #2 MAY 46 22 288 50 10 251 JUNE 48 3 339 59 16 326 JULY 46 9 394 48 6 380 AUGUST 54 4 452 SEPTEMBER 38 5 495 OCTOBER 54 69 618 NOVEMBER 40 3 661 DECEMBER 20 12 693
TOTALS: 460 233 693 - September 9, 2013
CONSTRUCTION VALUES
CONSTRUCTION VALUES 2012 2012 CUMULATIVE CONSTRUCTION VALUES 2013 2013 CUMULATIVE TOTAL TOTAL JANUARY 9,256,500 9,256,500 1,309,700 1,309,700 FEBRUARY 1,557,500 10,814,000 3,476,800 4,786,500 MARCH 3,261,500 14,075,500 3,067,050 7,853,550 APRIL 4,379,300 18,454,800 14,125,941 21,979,491
Page 182of303 MAY 4,203,100 22,657,900 7,230,218 29,209,709 JUNE 6,868,700 29,526,600 8,223,000 37,432,709 JULY 5,041,187 34,567,787 7,098,657 44,531,366 AUGUST 6,381,000 40,948,787 SEPTEMBER 4,407,300 45,356,087 OCTOBER 9,957,940 55,314,027 NOVEMBER 5,174,657 60,488,684 DECEMBER 3,745,539 64,234,223 TOTALS: 64,234,223
CITY OF SARNIA - BUILDING PERMIT STATISTICS - PAGE TWO
NUMBER OF SINGLE FAMILY DWELLING UNITS
# SINGLE FAMILY DWELLINGS 2012 # SINGLE FAMILY DWELLINGS 2013 2012 CUMULATIVE 2013 CUMULATIVE TOTAL TOTAL JANUARY 3 3 2 2 FEBRUARY 1 4 4 6 MARCH 5 9 6 12 APRIL 12 21 4 16 MAY 11 32 11 27
JUNE 9 41 11 38 Civic Report #2 JULY 12 53 8 46 AUGUST 7 60 SEPTEMBER 5 65 OCTOBER 12 77 NOVEMBER 8 85 DECEMBER 8 93 TOTALS: 93
- September 9, 2013
NUMBER OF MULTIPLE FAMILY DWELLING UNITS
# OF MULTIPLE DWELLINGS 2012 CUMULATIVE # OF MULTIPLE DWELLINGS 2013 CUMULATIVE 2012 TOTAL 2013 TOTAL JANUARY 0 0 6 (ROW) 6 (ROW) FEBRUARY 4 (SEMI) 4 0 6 (ROW) MARCH 0 4 0 6 (ROW) APRIL 0 4 0 6 (ROW) MAY 0 4 0 6 (ROW)
Page 183of303 JUNE 0 4 0 6 (ROW) JULY 0 4 2 (SEMI) 8 (6 ROW) (2 SEMI) AUGUST 0 4 SEPTEMBER 0 4 OCTOBER 0 4 NOVEMBER 4 (ROW) 8 DECEMBER 0 8 TOTALS: 8
ID STATS 2013.DOC Page 184 of 303 Civic Report #3 - September 9, 2013
1 2013
Mr. Brian Knott, Solicitor/Clerk City of Sarnia P.O. Box 3018 Sarnia, Ontario N7T7N2
Dear Mr. Knott:
is
Page 185 of 303 Civic Report #3 - September 9, 2013
following a summary the issued Sarnia the month 201
PERMIT# DESCRIPTION &/OR LOCATION OWNER/CONTRACTOR
36461 324 Lougar Ave, Plan 6, Mac-Weld 36464 589 Wheatley Pian 25Mi 6, Lot i Bellwood Developments 36466 337 Graham Coughtry, Pt 22 Iacobelli Construction 36467 1 Walnut Ave N, Plan 109, John Binnendyk 36468 5600 Blackwell S/R, Unit #467 Bluewater Country 36469 933 Riopelle Dr, Plan 25M27, Steven Demelo 36470 402 Davis St, Plan 9, Lot 8 Jordan Parket 36471 1 Sandpiper Plan 25M22, 1 i Jeff McLaughlin 36472 5600 Blackwell S/R, Unit #489 Bluewater Country 36474 572 Vidal St, (Tim Horton's) W D Partners 36475 217 Paolo St, Plan 25M38, Lot 19 Mark Sepe 36476 106 Sandpiper Dr, Plan 25M22, Henderson Builders 36477 548 Cromwell St, Plan 108, 11 James Chute 36479 2500 Confederationline, Lambton Kent District School Board 36491 19i London Rd, T & S Plumbing 36501 837 Manhattan Key Homes
1
Page 186 of 303 Civic Report #4 - September 9, 2013
August 3
Mr. Brian Knott, Solicitor/Clerk City of Sarnia Box 3018 Sarnia, Ontario 7N2
Dear Mr. Knott:
is
Page 187 of 303 Civic Report #4 - September 9, 2013
The following a summary the month July,
PERMIT# DESCRIPTION &/OR LOCATION OWNER/CONTRACTOR
36478 Quinn (McDonalds) Walmart Canada 36508 1240 Rocco Pian 25ivi30, 11 Brooktree Homes 36511 562 Wheatley Plan 25M16, Lot 12 Jaron Homes 36512 1130 Mike Weir Plan 54, 71 Maher Homes 36513 474 Autumn Breeze Dr, Plan 25M36, Key Homes 36514 145 Christina St N, Plan 1 C Sean Ryan 36515 5600 Blackwell S/R, Unit #435 Bluewater Country 6 240 Lambton School Board 36517 108 Uzucha Dr, Plan 25M38, Lot 3 Ritiac Construction 36518 2965 Delia Cres, Plan 696, 34 Ritiac Construction 9 1825 9, Clair Board 36600 2940 Confederation Line, Con 1 Smit 36601 1425 Col borne Rd, Plan 27 4, Corda 36602 1 Campbell St, Plan 16, Pt Gerrit Damen 36603 260 Bentley 25M44, Danbury
Page 188 of 303 By-Law #1 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-law to Confirm the Proceedings of Council at its Meeting held on The 9th Day of September, 2013”
(Re: Confirming By-Law)
WHEREAS Section 5 (1) of The Municipal Act, 2001, as amended, provides that the powers of a municipality shall be exercised by its Council;
AND WHEREAS Section 5 (3) of The Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF SARNIA ENACTS AS FOLLOWS:
1. All actions of the Council of the Corporation of the City of Sarnia at its meeting held on September 9, 2013 in respect to every report, resolution or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed by by-law as if each report, resolution or other action was adopted, ratified and confirmed by its separate by-law.
2. The Mayor and the proper officers of the Corporation of the City of Sarnia are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council of the Corporation of the City of Sarnia referred to in section 1.
Page 189 of 303 By-Law #1 - September 9, 2013
This By-law comes into force and effect upon finally being passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 190 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Confirm the Proceedings of Council at its Meeting Held on the 9th Day of September, 2013” By - Law #1 READINGS: - September 9, 2013 FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 191 of 303 THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department City Hall Sarnia, Ontario N7T 7N2 Page 192 of 303 By-Law #2 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Dedicate Land in the City of Sarnia as part of Blackwell Road” ______(Re: Part 1 on 25R-9602)
WHEREAS The Corporation of the City of Sarnia has acquired certain lands in the City of Sarnia and deems it expedient to dedicate these lands as public highway forming part of Blackwell Road in the City of Sarnia.
NOW THEREFORE the Municipal Council of The
Corporation of the City of Sarnia enacts as follows:
1. The lands described as Part 1 on Reference Plan 25R-9602
having been acquired by The Corporation of the City of Sarnia,
the same are hereby dedicated as a public highway and form
part of Blackwell Road in the City of Sarnia.
2. This By-Law comes into force and effect upon being
registered in the Land Registry Office for the Registry Division of
Lambton.
Page 193 of 303 By-Law #2 - September 9, 2013
FINALLY PASSED THIS 9th DAY OF SEPTEMBER, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAW\WORKING\BLACKWELL DEDICATE-SEPT9-13.AD
Page 194 of 303
BY-LAW NUMBER OF 2013 OF THE CITY OF SARNIA
“A By-Law to Dedicate Land in the City of Sarnia as part of Blackwell Road” ______By - Law #2
READINGS:
th
FIRST: September 9 , 2013 - September 9, 2013 SECOND: September 9th, 2013
THIRD: September 9th, 2013
THE CORPORATION OF THE CITY OF SARNIA OFFICE OF THE CITY SOLICITOR/CLERK (SRM/ad) Page 195 of 303 City Hall Sarnia, Ontario N7T 7N2 Page 196 of 303 By-Law #3 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Spectrum Communications Ltd.” (Re: Service Level Agreement)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Spectrum Communications Ltd.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into a Service Level Agreement with Spectrum Communications Ltd., in the general form of the Service Level Agreement a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Service Level Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
Page 197 of 303 By-Law #3 - September 9, 2013
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAWS\WORKING\TRANSIT SPECTRUM SERVICE LEVEL AGT-AUTH BLW SEPT 2013.A
Page 198 of 303 By-Law #3 - September 9, 2013
Automatic Vehicle Location (AVL) System SLA for The City of Sarnia
The City of Sarnia Transit and Public Works are entering into a contract for a subscription to Spectrum Communications’ AVL system. This SLA details the responsibilities of Spectrum Communications during the term of the contract.
Part I. Description
The AVL system is an important tool to help ensure the health and safety of The City’s employees. In addition, the AVL data being gathered is extremely valuable to The City. Spectrum Communications is therefore obligated to ensure that the AVL system has maximum uptime (99.7%) and that if any disruptions do occur, those disruptions are attended to and corrected as described in Part V of this document.
Part II. Equipment
The system for which Spectrum Communications is solely responsible is as follows: 1) AVL Server Hardware and associated WCP Server Software 2) AVL Server Base Radios (x2) and Antennas (x2) 3) DSL Connection (At Spectrum Communications’ location)
Part III. Proactive Monitoring
Spectrum has software in place to monitor the overall system heath and to alert technical staff of any perceived problems. The following items are being monitored:
- Internet connectivity - Availability of the WCP server application - CPU load, memory utilization, and disk space availability on the WCP server - Availability of MS-SQL database server - Availability of the MS-SQL instance for WCP server - Ping response of the WCP server - State of the Windows firewall on the WCP server
Page 199 of 303 By-Law #3 - September 9, 2013
Part IV. Redundancy and Safeguards
The WCP application server will have physically redundant power supplies connected to redundant power sources.
Each redundant power source will be protected by separate UPS power supplies and those UPS units are connected to the Spectrum Sarnia building’s generator circuit.
The WCP application server will feature physically redundant network controllers to prevent connectivity issues in the event of NIC failures
Spectrum has 2 DSL connections in place and the internet connectivity will be multi- homed to provide a backup strategy in the event of a longer term outage.
WCP server disk redundancy will utilize hardware level enterprise-grade RAID controllers, configured with either RAID-5, RAID-6 or RAID-0+1.
WCP application servers may be optionally hosted in virtualized environments allowing for rapid recovery. This would be a fall back option in case of a major failure that cannot be rectified quickly.
Part V. Service Response
Service response is based on severity as follows:
Level 1 = System level that affects all users (i.e.: server failure) Level 2 = Single user issue (i.e.: failed mobile radio or failed telemetry module)
Level 1 Service Response:
If Spectrum’s real time monitoring software detects a problem with the system, the Spectrum Sarnia technical staff will automatically be notified and will respond within 30 minutes. Initial response will be remote troubleshooting and diagnostics. If an onsite visit is required to resolve the problem, a tech will be onsite within 2 hours from the original notification. This level of service will be in place 24/7/365. Spectrum will immediately contact Sarnia Transit and Sarnia Public Works to advise them of the fault detection. After the issue has been fixed, Spectrum will contact Sarnia Transit and Sarnia Public Works to advise them that the system has been restored.
If the customer detects a problem and calls the Spectrum Sarnia office to report the issue, a technician will respond within 30 minutes. Initial response will be remote troubleshooting and diagnostics. If an onsite visit is required to resolve the problem, a tech will be onsite within 2 hours from the original notification. This level of service will be in place 24/7/365.
There will be a continuous effort to repair and restoration will be < 5hrs.
Page 200 of 303 By-Law #3 - September 9, 2013
Level 2 Service Response:
Level 2 service requests will be responded to during regular business hours within 48 hours of the request.
Part VI. Miscellaneous
The AVL data that is collected is the property of The City of Sarnia. Spectrum communications will supply data to The City upon request within 1 business day.
For Spectrum:
______Roger Ruby
For The City of Sarnia:
______
Page 201 of 303 BY-LAW NUMBER OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Spectrum Communications Ltd.” By
READINGS: - Law #3 FIRST: September 9th, 2013
th
SECOND: September 9 , 2013 - September 9, 2013 THIRD: September 9th, 2013
THE CORPORATION OF THE CITY OF SARNIA Office of the City Solicitor/Clerk (BK/ad) City Hall Sarnia, Ontario N7T 7N2 Page 202 of 303 By-Law #4 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Spectrum Communications Ltd.” (Re: Subscriber Agreement)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Spectrum Communications Ltd.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into a Subscriber Agreement with Spectrum Communications Ltd., in the general form of the Subscriber Agreement a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Subscriber Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
Page 203 of 303 By-Law #4 - September 9, 2013
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAWS\WORKING\TRANSIT SPECTRUM SUBSCRIBER AGT-AUTH BLW SEPT 2013.AD
Page 204 of 303 By-Law #4 - September 9, 2013
SUBSCRIBER AGREEMENT
EFFECTIVE: August 1, 2013
Between
Spectrum Communications Ltd
And
The City of Sarnia
1.0 PURPOSE, DEFINITIONS AND INTERPRETATIONS
1.1 This Agreement establishes the terms and conditions upon which Spectrum will provide the Customer with access to the Digital Radio System during the Term.
1.2 In this Agreement, capitalized terms in boldface will have the meaning set out in this Article, unless the context clearly indicates otherwise.
(a) ”Agreement” means this Subscriber Agreement and the following addenda thereto:
Addendum I – System Description Addendum II – Subscription Fee Addendum III – Add-on Subscribers Addendum IV – Customer Representatives Addendum V – SLA for the AVL System
(b) “Customer” means The City of Sarnia (Public Works and Transit) 255 North Christina Street, Sarnia, Ontario, N7T 7N2.
(c) “Spectrum” means Spectrum Communications Ltd., 1361 Confederation Street, Sarnia ON., N7S 5P1
(d) “Normal Working Hours” means the hours of 8:30am-5pm Mon-Fri
(e) “Emergency Service” means work performed by Spectrum outside of Normal Working Hours.
(f) “Digital Radio System” means the towers, repeaters, and other components listed in Addendum I.
(g) “Subscription Service” means the services described in Section 2 to be provided by Spectrum to Customer under this Agreement.
Page 205 of 303 By-Law #4 - September 9, 2013
(h) “Subscriber Equipment” means the Motorola mobile radios, handheld radios, base radios, and remotes that the Customer is using to access the Digital Radio System.
1.3 No term of this Agreement may be waived except in writing signed by the party waiving enforcement. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it.
1.4 Any unenforceable provision of this Agreement will not invalidate its remaining provisions.
1.5 Headings used in this Agreement are for convenience only and will not affect its interpretation.
1.6 Where the context requires, the singular will denote the plural and vice versa.
1.7 The laws in effect in the Province of Ontario will govern the rights and obligations of the parties.
1.8 This Agreement constitutes the entire understanding between the parties pertaining to its subject matter. It supersedes all prior understandings, whether oral or written. No addition to or modification of this Agreement will be effective or binding unless agreed in writing and executed by the respective duly authorized representatives of each of the parties.
1.9 This Agreement will bind and benefit the parties, their respective successors and assigns. This Agreement may not be assigned without the prior written consent of the other party which consent will not be unreasonably withheld.
1.10 No provision of this agreement will be interpreted against any party merely because that party or its legal representative drafted the provision.
Page 206 of 303 By-Law #4 - September 9, 2013
2 SUBSCRIPTION SERVICE
Spectrum will supply a complete Digital Radio System as described in Addendum 1 to be used by the Customer for voice communications and Automatic Vehicle Location (AVL) service. The Digital Radio System is owned by and will remain the property of Spectrum. A monthly Subscription Fee payable to Spectrum by the Customer grants the Customer access to the Digital Radio System for the term of this contract.
2.1 Included Services
The monthly Subscription Fee will cover the following:
- Utilization of the Digital Radio System for voice communications and AVL services. - 24/7/365 response to any Digital Radio System problem or failures. - 24/7/365 response to AVL System problems or failures (SLA for the AVL system is defined in a separate document).
2.2 Response Times
Any problem detection and or service requests for Digital Radio System problems or failures will be responded to within 30 minutes. First response will be to remotely assess the problem from one of the Spectrum offices. If the problem requires a technician visit, the technician will be onsite within 2 hours of the initial problem notification. There will be a continued effort to repair until the problem is rectified. This response pattern will be adhered to on a 24/7/365 basis.
2.3 Demand Services
Demand Services include the following:
- Modification of the Digital Radio System due to system changes made necessary by the Customer. - Expansion of the Digital Radio System due to system changes made necessary by the Customer. - Removals, installations, modifications, and/or repairs to the Subscriber Equipment.
The rates for Demand Services are the same as Spectrum’s posted T&M labour rates minus 15%.
Page 207 of 303 By-Law #4 - September 9, 2013
3. CUSTOMER OBLIGATIONS
3.1 Customer will pay the Subscription Fee monthly. Spectrum will be entitled to increase the monthly Subscription Fee on each anniversary date of this Agreement, by a percentage that is no greater than the percentage increase in the Stats Canada Consumer Price Index (Listed as “ALL-Items”) for Ontario over the preceding year to a maximum of 5%.
3.2 All other payments, including payment for Demand Service, are due within sixty (60) days of receipt of Spectrum’s invoice.
3.3 Late payments will bear interest at the rate of one and one-half percent per month.
3.4 Customer will pay, in addition to the other amounts payable under this Agreement, all sales and other taxes, federal, provincial or otherwise.
4. WARRANTY
4.1 Spectrum warrants that the Digital Radio System will be maintained at or above the equipment manufacturer’s specifications.
Nothing in this Agreement will be construed as:
(a) conferring a right upon Customer to use in advertising, publicity or otherwise any trademark or trade name of Spectrum; or
(b) granting to Customer by implication, estoppels, or otherwise any licensee or other right under any patent of Spectrum.
5. LIMITATION OF LIABILITY
Spectrum will not be liable for delays in delivery or performance or for failure to deliver or perform, due to:
(a) causes beyond its reasonable control
(b) acts of God, acts or omissions of Customer, acts of civil or military authority, governmental priorities, strikes or other labour disturbances, floods, epidemics, war, riot, delays in transportation or component shortages, or
(c) Inability due to causes beyond the reasonable control of Spectrum or its suppliers to obtain necessary materials, components, services or facilities. In the event of any such delay, the date for delivery or performance will be extended for a period equal to the time lost by reason of the delay so long as Spectrum have exercised their best efforts.
Page 208 of 303 By-Law #4 - September 9, 2013
6. TERM AND TERMINATION
6.1 The Subscription Services will be provided for a five-year period from the effective date of August 1, 2013 to July 31, 2018 and thereafter on an annual basis as provided below.
6.2 At least two months before the expiry of this Agreement, a rate review meeting will be held by the parties for the purpose of establishing the Subscription Service rates for the following year. If the parties are unable to agree by July 31, 2018 on the Service rates for the following year, this Agreement will terminate on August 1, 2018.
6.3 Either party will be entitled to terminate this Agreement in the event of a material breach by the other party of its obligations under this Agreement (other than a failure by the Customer to make a payment due under this Agreement) provided that the other party has received from the terminating party a written notice of the breach, as well as the opportunity to remedy the breach, at least 30 days prior to the termination date.
6.4 Early termination by the Customer for any reason other than a material breach by Spectrum imposes an early termination fee that is equal to $1000 per month for every month remaining in the contract term.
7. NOTICES
All notices and other information to be delivered under this Agreement will be in writing and will be deemed to have been sufficiently given when delivered by hand, sent by registered mail, or sent by fax to the representatives named below.
The notices will be deemed received:
(a) when delivered to a person in authority if by hand
(b) On the 5th day after being sent by registered mail, calculated by excluding the date so mailed, or (c) The business day following transmission if by fax and if reception is properly noted on the sender’s transmitted fax (or if a confirmation has been sent by registered mail).
Page 209 of 303 By-Law #4 - September 9, 2013
8. DEFAULT
8.1 For purposes of this Section “Cure Period” means a period of thirty (30) business days following delivery by the Customer to Spectrum of written notice of a failure, cessation or breach described in this Section, or such longer period as the Customer may determine in its sole discretion.
8.2 Each of the following will constitute an event of default by Spectrum (each, a “Spectrum Event of Default”):
(a) Spectrum fails or ceases to comply in any material respect with applicable Laws, and such failure or cessation is not remedied within the Cure Period.
(b) By agreement, decree, judgment or order of a governmental authority, Spectrum agrees to be treated as or is adjudicated bankrupt or insolvent or any substantial part of Spectrum’s property is sequestered or subject to the appointment of any third party and such agreement, decree, judgment, order or appointment continues in effect unrevoked, undischarged and unstayed for a period of thirty (30) days after the entry or implementation thereof.
(c) Spectrum dissolves, winds up or liquidates, or makes an assignment for the benefit of its creditors generally under any insolvency legislation, or consents to the appointment of a receiver, manager, receiver manager, monitor, trustee in bankruptcy, or liquidator for all or part of its property or files a petition or proposal to declare bankruptcy or to reorganize pursuant to the provision of any insolvency legislation.
(d) Spectrum fails to perform any other material covenant or obligation which does not constitute a separate Spectrum Event of Default described in this Section, if such failure is not remedied within the Cure Period.
8.3 When any Spectrum Event of Default occurs and is continuing upon written notice to Spectrum, the Customer may terminate this Agreement in addition to all other rights and remedies it may have at law or in equity.
8.4 Upon the occurrence of a Spectrum Event of Default referred to in Sections 13.2(b) or 13.2(c) the Customer may terminate this Agreement effective immediately.
Page 210 of 303 By-Law #4 - September 9, 2013
9. NOTICES
Any notices required or permitted to be provided hereunder shall be in writing and shall be deemed to have been received five (5) business days after the post-marked date thereof if sent by registered mail, the next business day following transmission if sent by fax, or at the time of delivery if hand-delivered, and shall be addressed as follows:
To the Customer:
The City of Sarnia, 255 North Christina Street, Sarnia, Ontario, N7T 7N2. Attention: Shawn Unsworth, Purchasing Manager [email protected] Tel: (519) 332-0330
To Spectrum:
Spectrum Communications Ltd. 1361 Confederation St. Sarnia, ON., N7S 5P1 Attention: Roger Ruby, Vice President [email protected] Tel: (519) 332-4224
Page 211 of 303 By-Law #4 - September 9, 2013
10. Agreement Acceptance
For Spectrum:
Spectrum Communications Ltd. 1361 Confederation Street Sarnia, ON N7S 5P1
Spectrum Communications Ltd.
By: ______
ROGER RUBY Print Name
VICE PRESIDENT Title
Date
For Customer:
The City of Sarnia
By: ______
Print Name
Title
Date
Page 212 of 303 By-Law #4 - September 9, 2013
ADDENDUM 1
Digital Radio System Description
The Digital Radio System is a 3-repeater, single site system located at Spectrum’s Bluewater Power tower site.
Equipment description is as follows:
Motorola Digital Repeater #1 – Sarnia Public Works Voice - Talkgroup 1 = “Works” - Talkgroup 2 = “Water”
Motorola Digital Repeater #2 – Sarnia Transit Voice - Talkgroup 1 = “Transit” - Talkgroup 2 = “Caravan”
Motorola Digital Repeater #3 – Sarnia Public Works and Transit Data - Slot 1 = Public Works AVL - Slot 2 = Transit AVL
Tallysman WCP Server Application (Located at Spectrum Communications Ltd) - 4 simultaneous login IDs for Transit - 4 simultaneous login IDs for Public Works
Tallysman TW200 Telemetry Modules - 33 to be interfaced with Sarnia Transit mobile radios - 67 to be interfaced with Sarnia Public Works radios
Page 213 of 303 By-Law #4 - September 9, 2013
ADDENDUM II
SUBSCRIPTION FEE
QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL
Quotation for Use of Spectrum-Owned Digital Radio System
42 Monthly Fee – Sarnia Transit $26.65 $1119.30 33x Mobile Radios 2x Base Radios 7x Handheld Radios
83 Monthly Fee – Sarnia Public Works $26.65 $2211.95 67x Mobile Radios 4x Base Radios 12x Handheld Radios
Notes:
1) Under this proposal there are no upfront costs. All of the required software modifications, installation work, and programming are included.
2) Under this proposal the $9000 buyout fee from the original contract is built into the monthly price.
3) Under this proposal the City of Sarnia will take ownership of all the subscriber equipment and the telemetry modules that are mounted in the City of Sarnia
vehicles after paying the sum of $1 at the conclusion of the contract term.
4) Under this proposal ALL of the infrastructure components including the AVL software, hardware, and computer equipment remain the property of
Spectrum Communications Ltd at the conclusion of the contract term.
Notes: SUBTOTAL $3,331.25
HST TAX $433.06
TOTAL $3,764.31
Page 214 of 303 By-Law #4 - September 9, 2013
ADDENDUM III
ADD-ON SUBSCRIBERS
If the customer wishes to add subscriber during the contract term, the hardware and installation can be purchased up front and the monthly subscription fee will be the same as the rest of the fleet.
Page 215 of 303 By-Law #4 - September 9, 2013
ADDENDUM IV
CUSTOMER REPRESENTATIVES
Spectrum Communications
Administrative Contact: Roger Ruby [email protected] Tel: (519) 465-3324
Technical Contacts: Chris Bence [email protected] Tel: (519) 332-4224
Scott McIntyre [email protected] Tel: (519) 893-3996
The City of Sarnia The City of Sarnia, 255 North Christina Street, Sarnia, Ontario, N7T 7N2. Attention: Shawn Unsworth, Purchasing Manager [email protected] Tel: (519) 332-0330
Page 216 of 303 By-Law #4 - September 9, 2013
ADDENDUM V
Service Level Agreement (SLA) for the AVL System
Page 217 of 303 BY-LAW NUMBER OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Spectrum Communications Ltd.” By
READINGS: - Law #4 FIRST: September 9th, 2013
th
SECOND: September 9 , 2013 - September 9, 2013 THIRD: September 9th, 2013
THE CORPORATION OF THE CITY OF SARNIA Office of the City Solicitor/Clerk (BK/ad) City Hall Sarnia, Ontario N7T 7N2 Page 218 of 303 By-Law #5 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-law to Remove Certain Lands from Part Lot Control" Re: 1856-1860 Blackwell Road – Southwest Builders Ltd.
WHEREAS Section 50, Sub-section (7) of the Planning Act R.S.O. 1990 provides that Council of the Municipality may by by-law provide that the part lot control provisions of Section 50 of the Planning Act. R.S.O. 1990 do not apply to lands within a registered plan of subdivision or part described in the bylaw.
AND WHEREAS it is deemed expedient that a by-law should be passed in accordance with the provisions of Sub-section (7) of Section 50 of the Planning Act R.S.O. 1990 with respect to the lands hereinafter described;
NOW THEREFORE the Municipal Council of the Corporation of the City of Sarnia enacts as follows:
1. That the lands affected comprise Lots 1 & 2 and Block 4 according to Registered Plan 25M-48 in the City of Sarnia in the County of Lambton, as shown on Schedule “A” attached, and forming part of this by-law.
2. That Sub-section (5) of Section 50 of the Planning Act R.S.O. 1990 shall not apply to those lands within the City of Sarnia described in Section 1 of this by-law;
3. In accordance with Sub-sections (7.2) and (7.3) of Section 50 of the Planning Act R.S.O. 1990, this By-law shall come into force and effect on the date finally passed by the Council of the Corporation of the City of Sarnia and shall expire three (3) years following enactment.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 219 of 303 By-Law #5 - September 9, 2013
Schedule “A”
Page 220 of 303 BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-law to Remove Certain Lands from Part Lot Control" (Re: 1856-1860 Blackwell Road – Southwest Builders Ltd.)
By READINGS: - Law #5 FIRST: September 9th, 2013
SECOND: September 9th, 2013 - September 9, 2013 THIRD: September 9th, 2013
THE CORPORATION OF THE CITY OF SARNIA Planning and Building Department
City Hall
Page 221 of 303 Sarnia, Ontario N7T 7N2
Page 222 of 303 By-Law #6 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“Idling Control By-Law”
(Re: Idling Control)
WHEREAS section 11 of the Municipal Act, 2001, provides that a local municipality may pass by-laws respecting the health, safety and well-being of persons;
AND WHEREAS motor vehicles are sources of particulate matter, nitrogen oxide, carbon monoxide, carbon dioxide, sulphur oxide, volatile organic compounds and greenhouse gas emissions;
AND WHEREAS an idling engine consumes fuel and emits pollutants which impacts Sarnia’s air quality without the benefit of propelling the vehicle or performing a function;
AND WHEREAS air pollution in the City of Sarnia is associated with adverse health effects, including acute and chronic effects on respiratory health, especially among the very young, the elderly, and those with respiratory ailments;
AND WHEREAS the City of Sarnia has committed to reducing greenhouse gas emissions and air pollutants;
AND WHEREAS section 428 of the Municipal Act, 2001, authorizes that a by-law may provide that, where a vehicle has been left parked, stopped or standing in contravention of a by-law passed under this Act, the owner is guilty of an offence, even though the
Page 223 of 303 By-Law #6 - September 9, 2013
owner was not the driver of the vehicle at the time of the contravention of the by-law;
THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
PART 1 DEFINITIONS 1.1 In this By-Law:
"Idle" means the operation of a vehicle engine while the vehicle is not in motion and "idling" has a corresponding meaning.
“Drive-through” means that portion of a commercial property that is designated as a drive-through on an approved site plan, and posted with appropriate signage as a drive-through.
“Smog Day” means a day when the Air Quality Health Index issued by Environment Canada is 7 or more.
"Vehicle" means anything that uses a motor as a source of power, including but not limited to an automobile, trailer, traction engine, farm tractor, motorcycle, snow mobile, all-terrain vehicle, boat, bus, self-propelled implement of husbandry, or a road-building machine, but does not include an airplane or any vehicle designed to run exclusively on rails.
Page 224 of 303 By-Law #6 - September 9, 2013
PART 2 GENERAL PROHIBITION 2.1 No person shall cause or permit a vehicle or engine to idle continuously for more than one minute.
PART 3 EXCEPTIONS 3.1 Section 2.1 does not apply to: (a) Police, fire or ambulance vehicles while engaged in operational activities, except where idling is substantially for the convenience of the operator of the vehicle;
(b) Vehicles assisting in an emergency activity;
(c) Work vehicles and agricultural equipment in the process of using a lift, pump, power take off, heating or refrigeration system for the preservation of cargo, or other activities for which the engine must remain in operation, provided the work vehicle is engaged in its basic work function;
(d) Vehicles for which idling is required to service the engine or conduct repairs;
(e) Armoured vehicles in which a person remains inside the vehicle while guarding the contents, or while the vehicle is being loaded or unloaded;
Page 225 of 303 By-Law #6 - September 9, 2013
(f) Vehicles remaining motionless because of an emergency, traffic, weather conditions, or mechanical difficulties over which the driver has no control;
(g) Vehicles complying with the Highway Traffic Act to defrost windshields.
(h) Vehicles engaged in the course of a parade or race or any other event authorized by Council;
(i) Vehicles idling while passengers are embarking or disembarking;
(j) Vehicles when operated on the traveled portion of a Drive-through lane;
(k) Vehicles when the ambient outside temperature is more than 30°C or less than 0°C, except when it is a smog day; or
(l) Where a medical doctor certifies that a person within the vehicle requires that the temperature or humidex be maintained within a certain range and the certificate is kept on the person.
PART 4 ADMINISTRATION & ENFORCEMENT
4.1 Fine For Contravention Any person who contravenes any provision of this By-Law, is upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. Set fines are attached on Schedule “A”.
Page 226 of 303 By-Law #6 - September 9, 2013
4.2 Owner – guilty of offence Where a Vehicle is in contravention of this by-law, the owner of the vehicle is guilty of an offence, even though the owner was not the driver of the Vehicle at the time of the contravention of the by-law, and is liable for the fine for the offence unless, at the time of the offence, the Vehicle was in the possession of another person without the owner’s consent
4.3 Continuation Repetition Prohibited By Order The court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted.
4.4 Administration This By-Law may be enforced by any City of Sarnia By-Law Enforcement Officer or by any Police Officer.
4.5 Severability Each of the foregoing provisions of this by-law is severable and if any provisions of this by-law should be declared invalid by any court, for any reason, it is the intention and desire of this Council that each and every one of the remaining provisions shall remain in full force and effect.
4.6 Effective Date This By-Law to come into force and effect on the 1st day of January, 2014.
Page 227 of 303 By-Law #6 - September 9, 2013
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 228 of 303 By-Law #6 - September 9, 2013
SCHEDULE “A”
SET FINE SCHEDULE
THE CORPORATION OF THE CITY OF SARNIA
PART 1 – Provincial Offences Act
Idling Control By-Law ____ of 2013
ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine Offence ______
1. Causing or permitting a vehicle or engine to idle for more than one minute in a 60-minute period. Section 2.1 $100.00
Page 229 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
By - “Idling Control By-Law ” Law #6 (Re: Idling Control)
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 230 of 303
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerks Department City Hall Sarnia, Ontario N7T 7N2 By-Law #7, 2013 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Sun Canadian Pipe Line Company Limited”
(Re: Standard Crossing Agreement)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enters into an Agreement with Sun Canadian Pipe Line Company Limited.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into an agreement with Sun Canadian Pipe Line, in the general form of the Agreement; a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of the Corporation of the City of Sarnia.
This By-Law comes into force and effect upon the final passing.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk Page 231 of 303 By-Law #7, 2013 - September 9, 2013
ISO 14001 Registered
July 30, 2013
City of Sarnia 255 Christina Street North Sarnia, Ontario, N7T 7N2
Attention: Pratt Rawat, M.Eng; P.Eng Manager of Design and Infastructure
Re: Proposed Asphalt Bike Trail and Grading St. Clair Parkway River Road Sarnia Sun-Canadian Pipe Line Crossing Agreement SCPL File No.: 25 14 832
Dear Pratt:
Thank you for the project notification and drawings of March 6, 2013 describing the proposed asphalt bike trail and grading adjacent the Sun-Canadian’s 200mm pipeline within the St, Clair Parkway road allowance.
The City of Sarnia will not incur Pipeline Inspection costs for this walkway project in accordance with By-Law No. 3803,dated December 1953. Please find revised the “Facility Crossing Agreement” in which the Schedule ‘C’ - Billing and Schedule ‘D’-Timesheet pages has been removed.
It is our understanding that the 2.1m wide asphalt path will be installed abutting to the existing road asphalt, parallel and off-set by approximately 1.0 m to Sun-Canadian’s pipeline.
We have no objection to the proposed work providing all construction is in accordance with the conditions noted in the attached “Facility Crossing Agreement”.
A completed “Facility Crossing Agreement” must be fully executed by the Applicant and returned to my attention at Sun-Canadian Pipe Line Company Limited, P.O. Box 470, Waterdown, Ontario L0R 2H0, prior to commencement of work.
We thank you for your proactive approach to utility safety, and we look forward to continuing our working relationship.
If you have any questions, please call me at (905) 690-5606, or email [email protected].
Sincerely,
W. Paul Lane, CET Sr. Property & Construction Technologist
Page 232 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
FACILITY CROSSING AGREEMENT
THIS AGREEMENT made this July 30, 2013 Inclusive of Schedule’s A, B, C & D as applicable
BETWEEN:
Sun-Canadian Pipe Line Company Limited Hereinafter referred to as “Sun-Canadian”
-And-
City of Sarnia Hereinafter referred to as “Applicant”
WHEREAS: i) The applicant proposed to construct an asphalt bike trail and grading adjacent the Sun-Canadian’s 200mm pipeline within the St, Clair Parkway road allowance. Further described on attached Schedule “A”
ii) Sun-Canadian Pipe Line Limited is regulated under the Technical Standards and Safety Act (TSSA), which includes: No person shall dig, bore, trench, grade excavate or break ground with mechanical equipment or explosives without first ascertaining from the license holder (Sun-Canadian) the location of any pipeline that may be interfered with.
iii) Sun-Canadian has reviewed the drawings (Schedule “B”) provided for the proposed construction and agrees that the proposed Facilities and will not Interfere unreasonably with Sun-Canadian’s rights and the Applicant may construct, the Facilities in accordance with the terms and conditions of this present agreement. iv) This agreement is valid for a period of two (2) years from the date indicated above. If all activities are not completed within the timeline considered, then this agreement shall expire and a revised crossing agreement will be required to be issued by Sun-Canadian to continue with the proposed works.
NOW THEREFORE:
1. DRAWINGS: This Agreement incorporates by reference the drawings of the proposed Facilities attached hereto as Schedule “B”.
2. COMPLIANCE WITH STATUTES AND REGULATIONS: Applicant and Sun-Canadian shall at all times comply with any and all applicable codes, statutes, laws, regulations, permits, licenses, orders and directions of any governmental authority from time to time in force. The minimum applicable technical standards therein shall apply to the Facilities and the Applicant will ensure that the location, operation and maintenance of the Facilities do not cause Sun-Canadian’s pipeline system to be out of compliance with any authority, having jurisdiction over part, or the whole of Sun-Canadian pipeline system.
Page 233 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
3. TERMS AND CONDITIONS
(a) Prior to work commencing on Sun-Canadian’s pipeline right-of-way or within 7.6 meters (25 ft) of the pipeline, (“Restricted Zone”) the Sun-Canadian Inspector (“Inspector”) must be satisfied that the Sun-Canadian pipelines are located exactly and all crossing approval conditions and planned safeguards are met.
(b) The Applicant must contact Sun-Canadian’s Maintenance Coordinator at least 72 hours prior to any operation in the restricted zone. Call 1(800)263-6641.
(c) The Applicant or its designated contractor and the Inspector shall complete an “Inspection Record” (Schedule “D”) for each day of work in the restricted zone. The report will describe the planned work and document conditions and safeguards. The Applicant or its designated Contractor shall sign such permits and retain a copy on site as evidence of understanding and adherence.
(d) The Applicant shall distribute this Agreement to all of its designated Contractors and sub-contractors on site. This Agreement shall be available to the Inspectors on site as requested.
(e) The Applicant shall ensure that the design of the cover and supporting subgrade material are sufficient for the equipment loading conditions to prevent the transmission of stresses to the Sun-Canadian pipeline. Location, grading and fill design for proposed equipment crossing zones shall be provided to Sun-Canadian prior to commencement of work.
(f) Drawings provided to contractors shall contain the following note in bold letters:
Warning High Pressure Oil Pipeline Contact Sun-Canadian Pipe Line for inspections 72 hours before commencement of work. Telephone: 1-800-263-6641
(g) Applicant shall do all things that in Sun-Canadian’s reasonable opinion are necessary to ensure that Sun-Canadian’s cathodic protection of the Company’s Pipeline or any part thereof is not damaged or adversely affected as a result of Applicant’s operations or subsequent application of cathodic protection by Applicant to Applicant’s Facility. Notwithstanding the generality of the foregoing, Applicant shall install where necessary not less than two (2) coated wire-test lead system at the nearest reasonable access, of a design acceptable to Sun-Canadian. The whole of the cost of providing installation and maintenance of any such cathodic protection and such test lead system shall be borne by Applicant. Notwithstanding the foregoing, cathodic protection shall not be required where Applicant installs a plastic or other nonmetal Facility.
(h) Applicant shall be liable for and shall pay all taxes, rates and assessments of Every description whatsoever that may be imposed by any lawful authority by reason of the presence of Applicant’s Facility in the Crossing Area, or by reason of this Agreement or of anything done by Applicant pursuant to this Agreement. In addition, Applicant shall indemnify Sun-Canadian from and against all such taxes, rates and assessments.
Page 234 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
(i) Applicant shall ensure that Applicant’s Field Representative or the contractor installing the Facility complies with and executes the on site Pipeline Inspection Record, a Copy of which is attached as Schedule “D”.
(j) Applicant shall, except in cases of emergency, provide 72 hours notice to Sun-Canadian prior to commencement of construction or installation of the facility.
4. INSPECTION:
(a) The Inspectors have the authority to shut down work on the right-of-way or to prohibit crossing of the Sun-Canadian pipeline if they believe that the job is detrimental to the safety of the Sun-Canadian pipeline, or that agreed upon conditions are not being observed as required by the TSSA Oil & Gas Pipeline Regulations.
(b) Inspections and stake-out services involving a single site visit will be at Sun-Canadian’s expense. However, an inspection service fee will commence on the 2nd and each subsequent site visit until the Pipeline Inspector is satisfied the pipeline is safe and deems the services complete. The Inspector’s rate is $200.00/hour. Overtime hours, travel time, vehicle and expenses included.
The Applicant shall complete and submit to Sun-Canadian the attached Schedule “C” noting the Contact information for the Facility Owner and Contractor as part of the subject Facility Crossing Agreement prior to commencement of fieldwork.
The pipeline inspection services will be recorded on the attached Pipeline Inspection record Schedule “D”. The Pipeline Inspector’s hours on site will be verified by the contractor’s Field Representative on a per site visit basis.
Upon completion of the Inspection services the applicant will be invoiced in accordance with the authorized Schedule “D”.
Any breach of the terms herein mentioned shall mandate Sun-Canadian to employ a full time Safety Watch/Pipeline Inspector for the duration of the work at the Applicant’s expense.
(c) The crossing party shall notify Sun-Canadian Pipe Line Company Limited prior to any proposed blasting within 300 m of the pipeline.
Sun-Canadian Pipe Line Company Limited may retain an independent blasting consultant, at the expense of the crossing party, to monitor and approve any blasting within 60 metres of the pipeline.
Representative readings shall be taken at the start of all pile driving / hoe ramming operations delivering more than 10,000 foot-pounds of energy on impact within 6 meters of pipeline.
The crossing party shall provide Sun-Canadian Pipe Line Company Limited with a written copy of their plans for blasting within 60 m, or hoe ramming within 6 m of the pipeline at least 2 weeks prior to operations within that zone, and to allow a Sun-Canadian to coordinate a reduction in operating pressure of the pipeline.
Page 235 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
Further limitations for blasting, and vibration control shall be provided by Sun-Canadian upon request. The crossing party should use methods other than blasting on the right-of-way, where possible.
5. CONSTRUCTION:
(a) Depending on the situation, temporary fencing may be required to control activity in the vicinity of the Sun-Canadian pipeline. This requirement and position of fencing is to be approved by the Sun–Canadian pipeline Inspector prior to commencement of site work. Fences shall be a minimum of 1.2 meters high and secured to a steel t-bar support posts, at least every 3 meters. .
Temporary fencing is required on both sides of temporary roads crossing over the Sun-Canadian pipeline. The fencing shall be maintained by the Applicant and shall remain in place until the construction is completed.
(b) Excavating, grading or operating equipment on the Sun-Canadian pipeline right-of-way, or within 7.6 meters. (25 ft) of the Sun-Canadian pipeline, without an Inspector on site is prohibited.
(c) No fill material shall be placed over the Sun-Canadian pipeline and the Sun- Canadian right-of–way without the Sun-Canadian’s written consent. At all times, construction equipment and activities shall be done in such a manner to provide minimum 1.2 meters (4 feet) cover over the Sun-Canadian pipelines. No compactors are permitted on the Sun-Canadian pipeline right-of-way.
(d) The Applicant shall expose the Sun-Canadian pipeline(s) by hand digging, or vacuum excavation, prior to any mechanical excavation in the restricted zone, as required to suit the construction activity. Mechanical equipment may excavate NO CLOSER than 60 cm to the Sun-Canadian pipeline(s), and only after it has been fully exposed.
(e) All Sun-Canadian pipelines shall be exposed at the crossing location prior to direction boring operations.
(f) The Applicant shall ensure adequate pipeline supports and shoring is installed in accordance with the Applicant’s Professionally Engineered instructions where the unsupported length of an exposed Sun-Canadian pipeline is over 7 meters, or as required by the Ministry of Labour and/or the Pipeline Inspector.
(g) Where Sun-Canadian’s pipeline is exposed to potential hazards, e.g.such within a bore pit, the pipe shall be protected with 2”x 4” wood lagging banded to the pipe for the entire width of the bore pit.
(h) Additionally, to ensure sound compaction, sand backfill material must be installed for a minimum 300 mm envelope all around the pipeline.
(i) The Applicant shall provide as-built drawings noting the location and clearances between facilities.
6. UTILITY CROSSINGS
(a) A highly visible temporary fence must be erected to restrict access around any excavation site wherever: ° An open excavation is on the right-of-way or exposes the Sun-Canadian pipeline, ° Equipment will be working in the vicinity of the Sun-Canadian pipeline,
Page 236 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
° Or, precautions are appropriate to protect the public and the Sun-Canadian pipeline.
(b) Appurtenances and other support fittings, e.g. poles, anchors, manholes, catch basins, valves etc., are to be located outside the easement and at least 3 meters (10 ft) away from the Sun-Canadian pipelines.
(c) Minimum Clearances from the Sun-Canadian pipeline to: • Ditch bottoms ...... 800 mm (30 inches) • Buried Pipes, duct banks & Culverts: ...... 300 mm (12 inches) • Facilities crossing the pipelines shall maintain the minimum clearance elevation above or below the pipeline for at least 3 meters (10 ft) on either side of Sun-Canadian pipelines.
(d) Cable installation shall provide a minimum clearance of 300 mm (12 inches) to any Sun-Canadian pipeline, above or below, and the cable shall be protected with a layer of concrete patio stones and caution tape for the entire width of the Sun-Canadian pipeline easement. Typical easement width is 15 m (50 ft).
(e) The travelled surface of any temporary construction road crossing must be at least 1.2 meters (4 feet) above the top of each pipeline, unless other protection is provided and acknowledged by Sun-Canadian. Load distributing pre-cast concrete slabs, or steel plates may be required for pipe protection at areas with less than adequate cover.
7. REMEDY ON DEFAULT
In the case of default by Applicant in carrying out any of the provisions of this Agreement, Sun-Canadian may give notice thereof to Applicant. If Applicant fails to commence to remedy such default within 15 days after receipt of such notice and diligently complete such remedy thereafter, Sun-Canadian may take such steps as are appropriate to remedy such default and Applicant shall be liable for and shall pay all reasonable costs and expenses incurred by Sun-Canadian in remedying the default.
Page 237 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
8. LIABILITY AND INDEMNITY
Sun-Canadian Pipe Line Company Limited does not assume any liability for inconvenience or loss of income due to obstructions including but not limited to pipeline maintenance, access and emergency situations created by Sun- Canadian pipelines.
(a) Applicant shall:
(i) be liable to Sun-Canadian for all loss, damages and expenses which Sun-Canadian for all loss, damages and expenses which Sun-Canadian may suffer, sustain, pay or incur by reason of any matter or thing arising out of or attributable to any act or omission of Applicant, its servant, agents contractors or employees in respect of Applicant’s use of the Crossing Area or by reason of this Agreement, and in addition;
(ii) indemnify Sun-Canadian against all actions, proceedings, claims, demands and costs which may be brought against or suffered by Sun-Canadian or which it may sustain, pay or incur by reason of any matter or thing arising out of or attributable to any act or omission of Applicant, its servants, agents, contractors or employees in respect of Applicant’s use of the Crossing Area or by reason of this Agreement.
(b) Sun-Canadian shall:
(i) be liable to the Applicant for all loss, damages and expenses which the Applicant may suffer, sustain, pay or incur by reason of any matter or thing Arising out of or attributable to any act or omission of Sun-Canadian, its Servants, agents, contractors or employees in respect of Sun-Canadian’s use of the Crossing Area or by reason of this Agreement, and in addition;
(ii) indemnify Applicant against all actions, proceedings, claims, demands, and costs which may be brought against or suffered by Applicant or which it may sustain, pay or incur by reason of any matter or thing arising out of or attributable to any act or omission of Sun-Canadian, its servants, agents, contractors or employees in respect of Sun-Canadian’s use of the Crossing Area or by reason of this Agreement.
(c) The provisions of 8(a) and 8(b) herein shall survive the termination of this Agreement.
9. INSURANCE
(a) Without in any way limiting the liability of either party under this Agreement, each party shall obtain and keep in force during the term of this Agreement the following:
(i) comprehensive general liability insurance covering liability for bodily injury and Property damage arising from operations contemplated by this Agreement. The limit of this insurance shall not be less than five million dollars ($5,000,000) inclusive, for any one occurrence unless otherwise agreed by the parties in writing; and
(ii) automobile liability insurance with an inclusive limit for bodily injury (including passengers) and property damage of one million dollars ($1,000,000).
Page 238 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
(b) a party upon request of the other party, shall furnish written documentation, satisfactory to the requesting party, evidencing the required coverage.
(c) As an alternative to the five million dollar ($5,000,000) policy of comprehensive general liability insurance and the one million dollar ($1,000.000) automobile liability insurance referred to in Section 9 (i) and 9 (ii), if acceptable to the other party, and so evidenced in writing, a party may self-insure against the risks normally covered by such policies.
These policies shall provide coverage for liability assumed under this Agreement.
10. ASSIGNMENT
(a) Neither party shall assign or transfer this Agreement or the rights and Privileges hereby granted without the written consent of the other party first had and obtained, and such consent shall not be unreasonably withheld. Together with any request for such consent, the Assignor shall provide the other party with the Assignee’s written confirmation that the Assignee is familiar with the terms of this Agreement and agrees to be bound by the terms of this Agreement.
11. CONSEQUENTIAL DAMAGES
Notwithstanding any other provisions of this Agreement, neither party shall be responsible for any indirect, special or consequential damages arising out of this Agreement.
SUN-CANADIAN PIPE LINE COMPANY LIMITED
Per:
Name: W. Paul Lane, CET______Title: ___Sr. Property & Construction Technologist____ I have authority to bind the corporation
City of Sarnia
Per:
Name
Title: I have authority to bind the corporation
Page 239 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
SCHEDULE “A”
830 HWY #6 North, Facility Crossing Agreement P.O. Box 470, Waterdown, ON L0R 2H0 Tel: 1-800-263-6641, Fax: 905-689-1233
Owner/Applicant: City of Sarnia
Crossing Location: Along the St. Clair River side of Highway 40 North of Marlbough Lane Adjacent to Lot 3, 4, 5, 6 AAMJIWNAANG Indian Reserve No. 45 Sarnia, ON
Description of work: Construction of an asphalt bike trail over a granular fill base and adjacent the Sun-Canadian’s 200mm pipeline within the St. Clair Parkway road allowance.
WPL
Page 240 of 303 By-Law #7, 2013 - September 9,S 2013CPL File No. 25 14 832
SCHEDULE “B” 830 HWY #6 North, Facility Crossing Agreement P.O. Box 470, Waterdown, ON L0R 2H0 Tel: 1-800—263-6641 Fax: 905-689-1233
Facility Owner City of Sarnia
Drawings by: City of Sarnia
Drawings Title: Plan of Proposed River Road Trail
Drawing No. 1111-4
Issued March 2013
WPL
.
Page 241 of 303 BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Sun Canadian Pipe Line Company By Limited” - (Re: Standard Crossing Agreement) Law #7, 2013
- September 9, 2013 READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013 Page 242 of 303
THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 By-Law #8 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Reconstruction of a New Watermain on Penhuron Lane”
(Re: Contract 9-2013)
WHEREAS the reconstruction of a new watermain and related works are required;
AND WHEREAS the work shall be carried out under the provisions of the Municipal Act 2001, S.O. 2001, C. 25, Sections 8, 11, 44, 78, 79, 80, 81, 82 and 87;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the reconstruction of a new watermain and related works on Penhuron Lane be completed at a total estimated cost of $129,235.20 (including non-rebateable portion of H.S.T.);
2. That the work be done by contract;
3. That the Engineer of the Corporation do forthwith make such plans, profiles and specifications and furnish such information as may be necessary for the execution of the work, and that the work shall be carried out and executed under the direction and orders of the Engineer;
4. That the estimated lifetime of this work is in excess of twenty (20) years.
Page 243 of 303 By-Law #8 - September 9, 2013
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 244 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Reconstruction of a Watermain on Penhuron Lane” (Re: Contract 9-2013) By - Law #8
- September 9, 2013 READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 245 of 303 THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 246 of 303 By-Law #9 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Paymentus”
(Re: Online Parking Ticket Payment)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enters into an Agreement with Paymentus (Canada) Corporation.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into an agreement with Paymentus, in the general form of the Agreement; a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of the Corporation of the City of Sarnia.
This By-Law comes into force and effect upon the final passing.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 247 of 303 By-Law #9 - September 9, 2013
MASTER SERVICES AGREEMENT
Customer: City of Sarnia CA
Customer Address: 255 Christina Street North P.O. Box 3018 Sarnia, Ontario N7T 7N2
Contact for Notices to Customer: Andrea Lane
Estimated Annual Bills: 20,000
This Master Services Agreement (“Master Agreement”) is entered into as of the Effective Date below, by and between the Customer (“Customer”) identified above and Paymentus (Canada) Corporation, an Nova Scotia Corporation (“Paymentus”). WHEREAS Paymentus desires to provide and the Client desires to receive certain services under the terms and conditions set forth in this Agreement. Paymentus provides electronic bill payment services to utilities, municipalities, insurance and other businesses.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows. This Agreement consists of this signature page, General Terms and Conditions, and the attachments (“Attachments”) with schedules (“Schedules”) listed below:
Schedule A: Paymentus Service Fee Schedule
This Agreement represents the entire understanding between the parties hereto with respect to its subject matter and supersedes all other written or oral agreements heretofore made by or on behalf of Paymentus or Customer with respect to the subject matter hereof and may be changed only by agreements in writing signed by the authorized representatives of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives
Customer: Paymentus:
By: By:
Name: Name:
Title: Title:
Date: Date:
- 1 - Page 248 of 303 By-Law #9 - September 9, 2013
GENERAL TERMS AND CONDITIONS
1 Definitions:
For the purposes of this Agreement, the following terms and words shall have the meaning ascribed to them, unless the context clearly indicates otherwise.
1.1 “Agreement “ or “Contract” shall refer to this Agreement, as amended from time to time, which shall constitute an authorization for the term of this contract for Paymentus to be the exclusive provider of services, stated herein, to the Customer
1.2 “User” shall mean the users of the Customer’s services
1.3 “Effective Date” shall be the last date upon which the parties signed this Agreement. The Agreement will not be effective against any party until the said date
1.4 “Launch Date” shall be the date on which Customer launches this service to the Users
1.5 “Payment” shall mean Users to make payments for Customer’s services or Customer’s bills
1.6 “Payment Amount” shall mean the bill amount User wants to pay to the Customer.
1.7 “Services” shall include the performance of the Services outlined in section 2 of this Agreement
1.8 “Paymentus Authorized Processor” shall mean a Paymentus authorized merchant account provider and payment processing gateway
1.9 “Reversed or Charged-back Transactions” shall mean cancelled transactions due to User error, or a User’s challenge to Payment authenticity.
1.10 “Average Bill Amount” shall mean the total amount of Payments collected through Paymentus system in a given month divided by the number of the Payments for the same month.
2 Description of Services to be performed
2.1 Scope of Services
Paymentus shall provide Users the opportunity to make Payments by Credit Cards and other payment methods as deemed necessary by Paymentus. Payments may be made by Interactive Telephone Voice Response System (“IVR”) or secure Internet interface provided at the Paymentus Corporation’s web site or other websites part of Paymentus’ Instant Payment Network (“WebSites”), collectively referred to as the (“System”).
Paymentus shall, on behalf of the Customer, collect and process Payments from Users using Visa, MasterCard or other credit cards (“hereinafter referred to as a “Card”). Paymentus may also offer other payment options such as eChecks or Debit Cards.
2.2 Professionalism
Paymentus shall perform in a professional manner all Services required to be performed under this Agreement.
3 Compensation
3.1 No Cost Installation
- 2 - Page 249 of 303 By-Law #9 - September 9, 2013
Paymentus will charge no fees related to the initial setup and personalization of its standard service for both Web and IVR interfaces.
3.2 Paymentus Service Fee
System will charge each User a Service fee for each transaction processed (hereinafter called “Paymentus Service Fee”). Such Paymentus Service Fee is to be collected in addition to the corresponding Payment as part of the transaction.
For each payment, the Paymentus Service Fee collected will be used to pay the corresponding Credit Card transaction fees (hereinafter called “Transaction Fees”) except NSF fees and processing charges related to Paymentus (hereinafter called “Paymentus Fees”).
A schedule of Paymentus Service Fee is attached hereto as Schedule A. Paymentus and Customer may mutually review Paymentus Service Fee schedule at regular intervals. However, Paymentus can amend this schedule upon prior written notice to the Customer, if such change is required due to changes in the Visa and MasterCard regulations or changes in Credit Card fees or changes in the Average Bill Amount.
4 Payment Processing
4.1 Explicit User Confirmation
Paymentus shall confirm the dollar amount of all Payments and the corresponding Paymentus Service Fee to be charged to a Card and electronically obtain the User approval of such charges prior to initiating Card authorizations transaction. Paymentus will provide User with electronic confirmation of all transactions.
4.2 Merchant Account
Paymentus will arrange for the Customer to have a merchant account with the Paymentus Authorized Processor for processing and settlement of the credit card transactions.
4.3 Card Authorization
For authorization purposes, Paymentus will electronically transmit all Card transactions to the appropriate Card-processing center, in real time as the transactions occur.
4.4 Settlement
Paymentus together with its authorized Card processor shall forward the payment transactions and corresponding Paymentus Service Fee to the appropriate card organizations for settlement directly to the Customer’s depository bank account previously designated by the Customer (hereinafter the “Customer Bank Account”).
Paymentus together with Paymentus Authorized Processor will continuously review its settlement and direct debit processes for its simplicity and efficiencies. Customer and Paymentus agree to fully co- operate with each other if Paymentus were to change its settlement and invoicing processes.
4.5 Reversed or Chargeback Transactions
Reversed or Chargeback Transactions can be reversed by the Customer using the Paymentus software provided (“Agent Dashboard”). The Payment Amount will be refunded to the User, however, except in the case of a Substantiated Chargeback transaction as defined below, the Paymentus Service Fee is non- refundable, and therefore the corresponding Paymentus Service fees will not be refunded to the User. The remittance file will contain a record of any such transaction whenever such transactions occur.
- 3 - Page 250 of 303 By-Law #9 - September 9, 2013
With respect to all Chargeback Card Transactions that are substantiated by a User and approved by an authorized representative of Paymentus and the Customer (“Substantiated Chargeback”): (i) the Customer authorizes Paymentus and Paymentus Authorized Processor (and/or the respective card organization) to debit the Customer Bank Account for the amount of the corresponding Payment and (ii) Paymentus shall refund to the Card organization for credit back to the User the corresponding Paymentus Service Fees. The Customer agrees that it shall not refund in cash to a User any Payment made using Paymentus’ Services. Since Paymentus receives no revenue from any Payment that is charged back, the Customer will be responsible for the fees associated with Chargeback processing by Paymentus Authorized Processor.
Paymentus together with Paymentus Authorized Processor will continuously review its processes for Reversed or Chargeback transactions, for simplicity and efficiencies. Customer and Paymentus agree to fully co-operate with each other if Paymentus requires any change its settlement and invoicing processes for such transactions.
5 General Conditions of Services
5.1 Service Reports
Paymentus shall provide Customer with reports summarizing use of the Services by Users for a given reporting period.
5.2 User Adoption Communication by Customer
Customer will make Paymentus’ Services available to its residential and commercial customers by different means of customer communication including a) through bills, invoices and other notices; b) by providing IVR and Web payment details on the Customer’s website including a “Pay Now” or similar link on a mutually agreed prominent place on the web site; c) through customer’s general IVR/Phone system; and d) other channels deemed appropriate by the Customer.
Paymentus shall provide Customer with logos, graphics and other marketing materials for Customer’s use in its communications with its users regarding the Services and/or Paymentus.
Both parties agree that Paymentus will be presented as a payment method option. Customer will communicate Paymentus option to its end residential and commercial customers wherever Customer usually communicates its other payment methods.
5.3 Independent Contractor
Customer and Paymentus agree and understand that the relationship between both parties is that of an independent contractor.
5.4 Customer’s Responsibilities
In order for Paymentus to provide Services outlined in this Agreement, the Customer shall co- operate with Paymentus by:
(i) Customer will enter into all applicable merchant Card or cash management agreements.
(ii) For the duration of this Agreement, Customer will keep a bill payment link connecting to Paymentus System at a prominent and mutually agreed location on the Customer website. The phone number for the IVR payment will also be added to the web site. Customer will also add the IVR payment option as part of the Customer’s general phone system.
(iii) User Adoption marketing as described in 5.2.
(iv) Within 30 days of the merchant account setup, Customer will launch the service to the Users.
- 4 - Page 251 of 303 By-Law #9 - September 9, 2013
6 Governing Laws
This Agreement shall be governed by the laws of the Province of Ontario.
7 Communications
7.1 Authorized Representative
Each party shall designate an individual to act as a representative for the respective party, with the authority to transmit instructions and receive information. The parties may from time to time designate other individuals or change the individuals.
7.2 Notices
All notices of any type hereunder shall be in writing and shall be given by Post or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations:
To Customer
c/o ______
______
______
(_____) _____-______(Phone)
(_____) _____-______(Fax)
To Paymentus
c/o President and CEO
30 West Beaver Creek Road, Suite 17
Richmond Hill, Ontario, L4B 3K1
(888) 476-8910 (Phone)
(877) 882-1676 (Fax)
Notices shall be declared to have been given or received on the date the notice is physically received if given by hand delivery, or if notices given by Canada Post, then notice shall be deemed to have been given upon on date said notice was deposited in the mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which the notice is to be received.
7.3 Interpretation
It is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter.
7.4 Amendment of Agreement
Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement.
- 5 - Page 252 of 303 By-Law #9 - September 9, 2013
7.5 Severability
If a word, sentence or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said word, sentence or paragraph did not exist.
7.6 Attorney’s Fees
Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney’s fees.
7.7 Confidentiality
Customer will not disclose to any third party or use for any purpose inconsistent with this Agreement any confidential or proprietary non-public information it obtains during the term of this Agreement about Paymentus’ business, operations, financial condition, technology, systems, no-how, products, services, suppliers, customers, marketing data, plans, and models, and personnel. Paymentus will not disclose to any third party or use for any purpose inconsistent with this Agreement any confidential User information it receives in connection with its performance of the services.
7.8 Intellectual Property
In order that the Customer may promote the Services and Paymentus’ role in providing the Services, Paymentus grants to Customer a revocable, non-exclusive, royalty-free, license to use Paymentus’ logo and other service marks (the “Paymentus Marks”) for such purpose only. Customer does not have any right, title, license or interest, express or implied in and to any object code, software, hardware, trademarks, service mark, trade name, formula, system, know-how, telephone number, telephone line, domain name, URL, copyright image, text, script (including, without limitation, any script used by Paymentus on the IVR or the WebSite) or other intellectual property right of Paymentus (“Paymentus Intellectual Property”). All Paymentus Marks, Paymentus Intellectual Property, and the System and all rights therein (other than rights expressly granted herein) and goodwill pertain thereto belong exclusively to Paymentus.
7.9 Force Majeure
Paymentus will be excused from performing the Services as contemplated by this Agreement to the extent its performance is delayed, impaired or rendered impossible by acts of God or other events that are beyond Paymentus’ reasonable control and without its fault or judgment, including without limitation, natural disasters, war, terrorist acts, riots, acts of a governmental entity (in a sovereign or contractual capacity), fire, storms, quarantine restrictions, floods, explosions, labor strikes, labor walk-outs, extra-ordinary losses utilities (including telecommunications services), external computer “hacker” attacks, and/or delays of common carrier.
7.10 Time of the Essence
Paymentus and Customer acknowledge and agree that time is of the essence for the completion of the Services to be performed and each party’s respective obligations under this Agreement.
8 Indemnification
8.1 Paymentus Indemnification and Hold Harmless
Paymentus agrees to the fullest extent permitted by law, to indemnify and hold harmless the Customer and its governing officials, agents, employees, and attorneys (collectively, the “Customer Indemnitees”) from and against all liabilities, demands, losses, damages, costs or expenses (including
- 6 - Page 253 of 303 By-Law #9 - September 9, 2013
reasonable attorney’s fees and costs), incurred by any Customer Indemnitee as a result or arising out of (i) the willful misconduct or negligence of Paymentus in performing the Services or (ii) a material breach by Paymentus of its covenants.
8.2 Customer Indemnification and Hold Harmless
Customer agrees to the fullest extent permitted by law, to indemnify and hold harmless Paymentus, its affiliates, officers, directors, stockholders, agents, employees, and representatives, (collectively, the “Paymentus Indemnitees”) from and against all liabilities, demands, losses, damages, costs or expenses (including without limitation reasonable attorney’s fees and expenses) incurred by any Paymentus Indemnitee as a result or arising out of (i) the willful misconduct or negligence of Customer related to the Services or (ii) a material breach of Customer’s covenants.
8.3 Warranty Disclaimer
Except as expressly set forth in this Agreement, Paymentus disclaims all other representations or warranties, express or implied, made to the Customer or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness, for a particular purpose or otherwise of any services or any good provided incidental to the Services provided under this Agreement.
8.4 Limitation of Liability
Notwithstanding the foregoing, the parties agree that neither party shall be liable to the other for any lost profits, lost savings or other special, indirect or consequential damages, even if the party has been advised of or could have foreseen the possibility of such damages. Paymentus’ total liability for damages for any and all actions associated with this Agreement or the Services shall in no event exceed the specific dollar amount of the Paymentus Service Fee paid to Paymentus for the particular payment transaction which is the subject matter of the claim of damage.
9 Term and Termination
9.1 Term
The term of this Agreement shall commence on the effective date of this Agreement and continue for a period of 3 (three) years (“Initial Term”) from the Launch Date. Services under this Agreement shall begin within 30 days of the merchant account setup.
At the end of the Initial Term, this Agreement will automatically renew for successive three (3) year periods unless either Customer or Paymentus provide the other party with not less than 6 (six) months prior written notice before such automatic renewal date that such party elects not to automatically renew the term of this Agreement.
9.2 Material Breach
A material breach of this Agreement shall be cured within 90 (ninety) days (“Cure Period”) after a party notifies the other of such breach. In the event, such material breach has not been cured within the Cure Period, the non-breaching party can terminate this Agreement by providing the other party with a 30 (thirty) days notice.
9.3 Upon Termination
Upon termination of this Agreement, the parties agree to cooperate with one another to ensure that all Payments are accounted for and all refundable transactions have been completed. Upon termination, Paymentus shall cease all Services being provided hereunder unless otherwise directed by the Customer in writing.
- 7 - Page 254 of 303 By-Law #9 - September 9, 2013
Schedule A – Paymentus Service Fee Schedule
Paymentus Service Fee charged to the User will be based on one of the following table:
Payment Amount Paymentus Service Fee
Parking Tickets Flat Fee of $1.95* $0- $100.00 Average Bill Amount $30.00
Parking Tickets $7.95** Any $300.00 ticket Average Amount $300.00
Note: *Maximum amount per payment is $100.00. Multiple payments may be made. **Maximum amount of $400.00. Multiple payments may be made.
The Paymentus Service Fee will be collected in addition to the end-user bill payment total. Paymentus may apply different limits per transactions for user adoption or to mitigate risks.
- 8 - Page 255 of 303 BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Paymentus” (Re: Online Parking Ticket Payment) By - Law #9
- September 9, 2013 READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 256 of 303
THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2
By-Law #10 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 134 of 1994”
(Re: Municipal Law Enforcement Officers By-Law)
WHEREAS it is deemed expedient to amend By-Law Number 134 of 1994 of the City of Sarnia, being “A By-Law to Appoint Municipal Law Enforcement Officers”, to bring up to date the list of Municipal Law Enforcement Officers appointed thereunder.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. Schedules “A”, “B” and “D” of By-Law Number 134 of 1994 of the City of Sarnia, as amended from time to time, are repealed and Schedules “A”, “B” and “D” annexed hereto and forming part of this By-Law is substituted therefor.
2. This By-Law comes into force and effect upon finally being passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAW\WORKING\MUNICIPAL LAW ENFORCEMENT OFFICERS AMEND SEPT 2013.AD
Page 257 of 303 By-Law #10 - September 9, 2013
SCHEDULE “A”
City Solicitor/Clerk’s Department
Animal Control
Elizabeth Parkins Larry Hansford Jordy Free Debi Cameron Lisa Simpson Joe Perl Becky Knight Shannon Jacques SOSG Municipal Enforcement Unit William H. C. Menzie, SOSG Municipal Enforcement Unit Badge 10 Bob Wolsing, SOSG Municipal Enforcement Unit Badge 18 Darren Allan, SOSG Municipal Enforcement Unit Badge 19 Shawn Jean, SOSG Municipal Enforcement Unit Badge 11
Licensing & Other Matters
Brian Knott R. Brad Loosley SOSG Municipal Enforcement Unit William H. C. Menzie, SOSG Municipal Enforcement Unit Badge 10 Bob Wolsing, SOSG Municipal Enforcement Unit Badge 18 Darren Allan, SOSG Municipal Enforcement Unit Badge 19 Shawn Jean, SOSG Municipal Enforcement Unit Badge 11
Municipal Property/Parking
Vince Wijsman
Page 258 of 303 By-Law #10 - September 9, 2013
SCHEDULE “B”
Parking and Traffic
Douglas Downie – Sarnia Parking
William Beveridge – Bluewater Health
Moriah Hoskin – Bluewater Health
Sharran LaBrasceur – Sarnia Parking
Kara Leone – Sarnia Parking
Amanda Kaplin – Sarnia Parking
Billie-Jo Mayers – Sarnia Parking
Kelsey MacNeill – Sarnia Parking
Brian White – Sarnia Parking
Employees of any Agency having a contract with the City for enforcement of policy areas falling under the category of Parking and Traffic.
Page 259 of 303 By-Law #10 - September 9, 2013
SCHEDULE “D”
Works
Waste Disposal, Streets & Other Matters
Frank Velle
Robert Williams
Brenda Lupi
Mike Berkvens
Jay Vanvlymen
Waste Water/Sewer Use & Other Matters
Dave Johnston
Trevor Bourgeois
Joe Boothe
Page 260 of 303 BY-LAW NUMBER OF 2013 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 134 of 1994” ______By - Law #10 READINGS:
FIRST: September 9th, 2013
th - SECOND: September 9 , 2013 September 9, 2013
THIRD: September 9th, 2013
THE CORPORATION OF THE CITY OF SARNIA Office of the City Solicitor/Clerk (BWK/ad)
City Hall Page 261 of 303 Sarnia, Ontario N7T 7N2
Page 262 of 303 By-Law #11 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Temporary Closing of Lakeshore Road for the Purpose of Watermain Reconstruction and Related Works”
(Re: Contract 11-2013)
WHEREAS the Municipal Act 2001, S.O. 2001, C. 25, provides for the temporary closing of a highway or a portion of a highway within the Corporation of the City of Sarnia;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the intersection of Lakeshore Road and Modeland Road be temporarily closed for the watermain reconstruction;
2. That the City Engineer for the Corporation of the City of Sarnia shall be authorized to exercise any of the powers of this Council under this By-Law including:
i. Establishing the time period during which the part of the highway shall be temporarily closed;
ii. Providing and keeping in repair a reasonable temporary alternative route for traffic and for all property owners who cannot obtain access to their property by reason of such temporary closing, the foregoing shall apply notwithstanding the provisions contained in any other by-law passed pursuant to
Page 263 of 303 By-Law #11 - September 9, 2013
Section 152 and 153 of the Highway Traffic Act of Ontario, Chapter H.8 and any amendments thereto;
iii. To erect at each end of the section or portion therefore and where an alternative route deviates there from, a barricade upon which an adequate warning device shall be exposed and in good working order, continuously from sunset until sunrise and shall erect a detour sign indicating the alternative route and containing notice that the highway is closed to traffic.
3. That, where feasible and practical, to provide for vehicular traffic on the sections of Lakeshore Road, or portions thereof under construction while construction is carried on.
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 264 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Temporary Closing of Lakeshore Road for the Purpose of Watermain Reconstruction and Related Works” By (Re: Contract 11-2013) - Law #11
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 265 of 303 THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 266 of 303 By-Law #12 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Reconstruction of a Watermain at the Intersection of Lakeshore Road and Modeland Road”
(Re: Contract 11-2013)
WHEREAS the reconstruction of the watermain and related works are required;
AND WHEREAS the Official Plan of the City of Sarnia designates Lakeshore Road as a local road;
AND WHEREAS the work shall be carried out under the provisions of the Municipal Act 2001, S.O. 2001, C. 25, Sections 8, 11, 44, 78, 79, 80, 81, 82 and 87;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the reconstruction of the watermain and related works on Lakeshore Road be completed at a total estimated cost of $252,748.43 (including non-rebateable portion of H.S.T.);
2. That the work be done by contract;
3. That the Engineer of the Corporation do forthwith make such plans, profiles and specifications and furnish such information as may be necessary for the execution of the work, and that the work shall be carried out and executed under the direction and
Page 267 of 303 By-Law #12 - September 9, 2013
orders of the Engineer;
4. That the estimated lifetime of this work is in excess of twenty (20) years.
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 268 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Reconstruction of a Watermain at the Intersection of Lakeshore Road and Modeland Road” By (Re: Contract 11-2013) - Law #12
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 269 of 303
THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 270 of 303 By-Law #13 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Temporary Closing of Thurston Avenue for the Purpose of Storm Sewer Construction and Related Works”
(Re: Contract 10-2013)
WHEREAS the Municipal Act 2001, S.O. 2001, C. 25, provides for the temporary closing of a highway or a portion of a highway within the Corporation of the City of Sarnia;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the section of Thurston Avenue shall be temporarily closed for the storm sewer construction;
2. That the City Engineer for the Corporation of the City of Sarnia shall be authorized to exercise any of the powers of this Council under this By-Law including:
i. Establishing the time period during which the part of the highway shall be temporarily closed;
ii. Providing and keeping in repair a reasonable temporary alternative route for traffic and for all property owners who cannot obtain access to their property by reason of such temporary closing, the foregoing shall apply notwithstanding the provisions contained in any other by-law passed pursuant to Section 152 and 153 of the Highway Traffic Act of
Page 271 of 303 By-Law #13 - September 9, 2013
Ontario, Chapter H.8 and any amendments thereto;
iii. To erect at each end of the section or portion therefore and where an alternative route deviates there from, a barricade upon which an adequate warning device shall be exposed and in good working order, continuously from sunset until sunrise and shall erect a detour sign indicating the alternative route and containing notice that the highway is closed to traffic. 3. That, where feasible and practical, to provide for vehicular traffic on the sections of Thurston Avenue, or portions thereof under construction while construction is carried on.
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 272 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Temporary Closing of Thurston Avenue for the Purpose of Storm Sewer Construction and Related Works” By (Re: Contract 10-2013) - Law #13
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 273 of 303 THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 274 of 303 By-Law #14 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Construction of a New Storm Sewer on Thurston Avenue”
(Re: Contract 10-2013)
WHEREAS the construction of a new storm sewer and related works are required;
AND WHEREAS the Official Plan of the City of Sarnia designates Thurston Avenue as a local road;
AND WHEREAS the work shall be carried out under the provisions of the Municipal Act 2001, S.O. 2001, C. 25, Sections 8, 11, 44, 78, 79, 80, 81, 82 and 87;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the construction of a new storm sewer and related works on Thurston Avenue be completed at a total estimated cost of $157,150.65 (including non-rebateable portion of H.S.T.);
2. That the work be done by contract;
3. That the Engineer of the Corporation do forthwith make such plans, profiles and specifications and furnish such information as may be necessary for the execution of the work, and that the work shall be carried out and executed under the direction and
Page 275 of 303 By-Law #14 - September 9, 2013
orders of the Engineer;
4. That the estimated lifetime of this work is in excess of twenty (20) years.
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 276 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Construction of a New Storm Sewer on Thurston Avenue” By (Re: Contract 10-2013) - Law #14
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 277 of 303
THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 278 of 303 By-Law #15 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Kel-Gor Limited”
(Re: Wastewater Monitoring Agreement)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enters into an Agreement with Kel-Gor Limited.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into an agreement with Kel-Gor Limited, in the general form of the Agreement; a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of the Corporation of the City of Sarnia.
This By-Law comes into force and effect upon the final passing.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 279 of 303 By-Law #15 - September 9, 2013
WASTEWATER MONITORING AGREEMENT
This Agreement made day of , 2013
Between: The Corporation of the City of Sarnia (hereinafter called the 'Municipality’)
And
Kel-Gor Limited (hereinafter called the ‘Company')
Whereas the Municipality enacted By-Law No. 4 of 1993 relating to the discharge of sewage in the Municipality (hereinafter called the 'Sewer Bylaw’) or any proceeding Sewer By-Law;
And Whereas Section 2 of the Sewer Bylaw does not permit the discharge of certain substances or types of water, including hydrotest water except upon application to the City Engineer and upon receiving the consent of the City Engineer upon terms and conditions satisfactory to him;
And Whereas the Sewer Bylaw requires that sewage discharges be sampled and analyzed by the owner of the property to confirm compliance with the requirements of the Sewer Bylaw;
And Whereas the Company intends to carry on an industrial activity within the Municipality at 1411 Plank Road which activity will produce a discharge of sewage into the municipal sewage works;
Now Therefore this indenture witnesseth that in consideration of the premise herein the parties hereto mutually covenant and agree as follows:
1. The Company shall install and maintain at 1411 Plank Road a sanitary inspection manhole capable of obtaining grab samples monitoring the sewage discharge from its operations to the municipal sewage works in accordance with the provisions of this agreement. Due to the property line located at the banks of the Cole Drain the sanitary inspection manhole shall be installed within the site of 1411 Plank Road (as indicated on Schedule ‘B’) and shall provide unrestricted access to the City of Sarnia for monitoring and sampling.
2. The Company shall establish the quality characteristics of the hydrotest water and maintain a program for quarterly monitoring and recording of the parameters listed in Schedule 'A', or in the event that the company anticipates a change in the hydrotest water quality. For the purpose of this Agreement, “Quarterly” shall mean sampling once in each period of 3 consecutive calendar months, commencing July 1, 2013. No samples shall be taken within 30 calendar days of a previous sample.
3. The Company shall ensure that the sampling and analysis of the sewage samples shall be performed in general accordance with the Ministry of the Environment Procedure F-10-1 ‘Procedure for the Sampling and Analysis - Requirements for Municipal and Private
Page 280 of 303 By-Law #15 - September 9, 2013
Sewage Treatment Works’ as amended, or as described in the 'Standard Methods for Examination of Water and Wastewater’ 22nd edition, dated 2012, or the most recently published edition.
4. The Company shall ensure that all sewage samples taken are refrigerated and submitted to a CALA- (Canadian Association for Laboratory Accreditation) accredited laboratory for analysis under chain-of-custody protocols. A copy of the chain-of-custody documents shall be available to the Municipality upon request.
5. The Company shall notify the Municipality 24 hours in advance of sampling conducted on a quarterly basis such that they may, at their discretion, observe the sampling and/or obtain split samples for independent analysis.
6. A summary of all sewage sampling results shall be submitted by the Company to the Municipality on a quarterly basis within 30 days of the end of each quarter. . Any sewage sample exceeding the requirements of the Sewer Bylaw shall be reported by the Company to the Municipality within 24 hours of the Company receiving the sample results. The quarterly summary report shall include the Municipality limits within the report for comparison.
7. Any sample exceeding the Municipality limits will require retesting as required by the City Engineer until two consecutive acceptable results are achieved.
8. This Agreement does not relieve the Company from complying with all requirements of the Sewer Bylaw.
9. This Agreement may be terminated by the Municipality at any time on 90 days’ notice to the Company if:
a) the Company does not maintain or permit access of the sanitary inspection manhole or;
b) the Company does not submit to the Municipality quarterly sewage sampling results.
10. The Municipality may, upon providing notice of a failure by the Company to comply with any terms of this agreement, enter the maintenance chamber at the property line and terminate the service connection of the company 30 days following such notice to remedy the failure if it has not been remedied to the satisfaction of the City Engineer, acting reasonably. The Company hereby consent that any costs incurred by the Municipality in remedying such failure may be added to the taxes for the property owned by the Company and collected by the Municipality in a like manner as taxes if not paid within 30 days of a bill being delivered to the Company.
This discharge is in relationship to the water purchased from the City of Sarnia. Any alteration in the process that changes the amount of discharge water from the water purchased from the City of Sarnia must be approved by the City Engineer. This City Engineer may require the addition of a discharge meter or request the process water be
Page 281 of 303 By-Law #15 - September 9, 2013
diverted to an alternate treatment system. The Municipality shall charge any exceeding discharge flow at the then current rate as per the municipalities’ ‘Fees of Services’.
11. The Company agrees that it shall maintain pre-treatment devices or processes used for treating waste or sludge before discharge to the sanitary sewer system including the following a) Precast Oil Interceptors (2) as indicated as Schedule ‘B’ of this agreement b) Spill protection procedures to ensure that only sanitary sewage and water generated from hydrostatic testing of fabricated piping shall be discharged under the terms of this Agreement.
12. The company shall register the industrial waste with the Ministry of Environment in accordance with Reg. 347 of the Environmental Protection Act as 150L (inert inorganic waste).
13. This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals attested to by the hands of their respective proper officers in that behalf duly authorized.
SIGNED, SEALED AND DELIVERED in the presence of:
The Corporation of the City of Sarnia
______Mayor
______Clerk
Kel-Gor Limited
______Chris Thomas President
Page 282 of 303 By-Law #15 - September 9, 2013
Schedule ‘A’
Parameters for Quarterly Monitoring and Sampling
1. Chlorides 2. Sulphates 3. Aluminum 4. Iron 5. Fluoride 6. Phosphorus 7. Antimony 8. Bismuth 9. Chromium 10. Cobalt 11. Lead 12. Manganese 13. Molybdenum 14. Selenium 15. Silver 16. Tin 17. Titanium 18. Vanadium 19. Copper 20. Cyanide 21. Nickel 22. Zinc 23. Arsenic 24. Cadmium 25. Phenolic compounds 26. Mercury 27. BOD 28. Oil & Grease – animal / vegetable 29. Oil & grease - mineral / syn 30. Kjeldahl nitrogen 31. Temperature 32. pH 33. Total Suspended Solids 34. Barium 35. Beryllium 36. Boron 37. Calcium 38. Magnesium 39. Potassium 40. Sodium 41. Thallium
Page 283 of 303 By-Law #15 - September 9, 2013
Schedule ‘B’
Kel-Gor Limited
1408 Plank Road , Sarnia , Ontario
Site Plan for New Precast Oil Interceptor
By
Kemco Engineering and Construction Ltd.
(drawing attached)
Page 284 of 303 By-Law #15 - September 9, 2013
Page 285 of 303 BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Kel-Gor Limited” (Re: Wastewater Monitoring Agreement) By - Law #15
- September 9, 2013 READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 286 of 303
THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2
By-Law #16 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Temporary Closing of St. Clair Parkway for the Purpose of Multi-Use Trail Construction and Related Works”
(Re: Contract 8-2013)
WHEREAS the Municipal Act 2001, S.O. 2001, C. 25, provides for the temporary closing of a highway or a portion of a highway within the Corporation of the City of Sarnia;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the section of St. Clair Parkway be temporarily closed for the multi-use trail construction;
2. That the City Engineer for the Corporation of the City of Sarnia shall be authorized to exercise any of the powers of this Council under this By-Law including:
i. Establishing the time period during which the part of the highway shall be temporarily closed;
ii. Providing and keeping in repair a reasonable temporary alternative route for traffic and for all property owners who cannot obtain access to their property by reason of such temporary closing, the foregoing shall apply notwithstanding the provisions contained in any other by-law passed pursuant to Section 152 and 153 of the Highway Traffic Act of
Page 287 of 303 By-Law #16 - September 9, 2013
Ontario, Chapter H.8 and any amendments thereto;
iii. To erect at each end of the section or portion therefore and where an alternative route deviates there from, a barricade upon which an adequate warning device shall be exposed and in good working order, continuously from sunset until sunrise and shall erect a detour sign indicating the alternative route and containing notice that the highway is closed to traffic.
3. That, where feasible and practical, to provide for vehicular traffic on the sections of St. Clair Parkway, or portions thereof under construction while construction is carried on.
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 288 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Temporary Closing of St. Clair Parkway for the Purpose of Multi-Use Trail Construction and Related Works” By (Re: Contract 8-2013) - Law #16
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 289 of 303 THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 290 of 303 By-Law #17 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Construction of a New Multi-Use Trail on St. Clair Parkway (River Road)”
(Re: Contract 8-2013)
WHEREAS the construction of a multi-use trail and related works are required;
AND WHEREAS the Official Plan of the City of Sarnia designates St. Clair Parkway as a local road;
AND WHEREAS the work shall be carried out under the provisions of the Municipal Act 2001, S.O. 2001, C. 25, Sections 8, 11, 44, 78, 79, 80, 81, 82 and 87;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That the construction of the multi-use trail and related works on St. Clair Parkway be completed at a total estimated cost of $114,491.19 (including non-rebateable portion of H.S.T.);
2. That the work be done by contract;
3. That the Engineer of the Corporation do forthwith make such plans, profiles and specifications and furnish such information as may be necessary for the execution of the work, and that the work shall be carried out and executed under the direction and
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orders of the Engineer;
4. That the estimated lifetime of this work is in excess of twenty (20) years.
This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 292 of 303
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize the Construction of a New Multi-Use Trail on St. Clair Parkway (River Road)” By (Re: Contract 8-2013) - Law #17
- September 9, 2013
READINGS:
FIRST: September 9, 2013
SECOND: September 9, 2013
THIRD: September 9, 2013
Page 293 of 303
THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2 Page 294 of 303 By-Law #18 - September 9, 2013
BY-LAW NUMBER ______OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Sarnia Football Club” (Re: Contribution to Alix Field)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Sarnia Football Club .
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into an Agreement with Sarnia Football Club, in the general form annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
FINALLY PASSED this 9th day of September, 2013.
______Mike Bradley Mayor
______Brian W. Knott City Solicitor/Clerk
Page 295 of 303 By-Law #18 - September 9, 2013
LICENCE AGREEMENT made this 9th day of September, 2013.
BETWEEN:
THE CORPORATION OF THE CITY OF SARNIA (hereinafter called “the City”)
-and-
SARNIA FOOTBALL CLUB (hereinafter called “Sarnia FC”)
WHEREAS the City is the owner and operator of Norm Perry Memorial Park in the City of Sarnia;
AND WHEREAS Sarnia FC and the City wish to develop and encourage soccer in the community;
NOW THEREFORE, in consideration of the following terms, the Parties agree as follows:
1. Definitions
1.1 Definitions. Unless the context otherwise requires, in this agreement: (a) “Camp” shall mean an organized soccer training session, including coaching clinics, either provided for free or at a charge to those participating; (b) “City Fields” shall mean all fields located on City owned lands, including but not limited to Alix Field and the North Field at Norm Perry Memorial Park, Blackwell, Germain and Veteran’s Fields; where appropriate it shall also refer to all future soccer fields on City owned lands; (c) "Full Field” shall mean a soccer pitch on which a match is played with 11 players per side; (d) “Full Field Program” shall mean Sarnia FC’s soccer programs for ages 13 and above; (e) “Reserve Fund” shall mean a city account, which is wholly dedicated to, or is accounted for separately to, the benefit of the purposes set out in Section 3.3 of this Agreement;
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(f) “Games” shall mean any match between two teams for exhibition, league, tournament or playoff purposes; (g) “Norm Perry Memorial Park” shall include the Alix Field, the North Field and the field house; and (h) “Subsidized Rate” means the rate posted by the City of Sarnia for youth, or other programs, attracting a reduced rate from the regular rate.
2. Interpretation 2.1 Included meanings. Words importing the singular number only shall include the plural and vice versa.
2.2 Headings. The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning of the provisions to which they refer.
3. Grant of Licence
3.1 Grant – Norm Perry Memorial Park: Sarnia FC is hereby granted a non-exclusive Licence to use the Norm Perry Memorial Park for the playing of soccer for a term of 15 years to commence on the 1st day of September 2013 until the 31st day of August 2028. Sarnia FC shall also have non-exclusive use of on-site parking, the bathrooms and locker rooms, which shall be made available by the City during Games and Camps. The fields located at Norm Perry Memorial Park shall be the home complex or home fields for Sarnia FC within the City of Sarnia. This licence is in recognition of the fact that Alix Field, located in Norm Perry Memorial Park, has been funded in part from the financial contributions made by Sarnia FC to the City.
3.2 Conditions of Grant. The parties agree that the Lands located at Norm Perry Memorial Park have been developed as a multi- use sports complex which will be the home complex of Sarnia FC within the City of Sarnia. With respect to future capital costs of Norm Perry Memorial Park the City will be responsible for undertaking capital improvements, however, as a courtesy the City shall notify Sarnia FC prior to undertaking such improvements. This Agreement does not prevent other parties from entering into Agreements with the City for the use of City facilities and also contributing capital to their improvement. The City acknowledges that Sarnia FC has paid to the City $250,000, up to $125,000 of which represents Sarnia FC’s
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contribution towards the installation of the artificial field, with the remaining $125,000 or more set aside in the Reserve Fund to be used for future development of soccer within the community as provided for in section 3.3.
3.3 Reserve Fund. A minimum of $125,000 shall be set aside in an interest bearing reserve fund and shall be held by the City of Sarnia for a period not to exceed 5 years from the signing of this agreement, and will be used for the future development of an indoor soccer turf facility in the City. Prior to a disbursement from the Reserve Fund the City shall consult with Sarnia FC regarding the proposed development. In the event that any monies remain in the Reserve Fund at the end of the 5 year period then the balance then remaining along with any and all accrued interest shall be paid to Sarnia FC.
4. Field Maintenance and Quality
4.1 Maintenance. The City shall, at the City’s expense, be responsible for the ongoing non-capital maintenance of the soccer fields used by Sarnia FC within the City of Sarnia. The said fields shall be maintained in manner consistent with the current maintenance standard of the North Field at Norm Perry Memorial Park.
4.2 Quality. The City is to provide fields to Sarnia FC that meet or exceed the quality of the North Field at Norm Perry Memorial Park such that the entire Sarnia FC Full Field Program can be safely and proudly run on the City’s fields as outlined in section 5.1 and 6.3.
5. Field Development
5.1 Full Field Program Development. It is the objective of the relationship between the City and Sarnia FC that Sarnia FC plays their Full Field home Games and runs their Full Field Programs exclusively on the City Fields. It is understood that Sarnia FC currently runs their soccer programs on a number of fields both City owned and otherwise. It would be on a co-operative plan, that the Full Field needs of Sarnia FC would be met by the City and that the relationship would develop such that the eventual resolution is that all Sarnia FC Full Field Games, Camps, practices and training be held on City Fields; Sarnia FC is open to a dialogue concerning smaller fields, but it has an existing relationship in place for such facilities with the Bluewater Bridge. As a result of the foregoing the parties agree that they shall meet not less than once per year regarding field development in the City of Sarnia.
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5.2 Future Assistance from Sarnia FC. Notwithstanding the obligation to fund capital and maintenance under this Agreement lies with the City, Sarnia FC will exercise reasonable efforts to raise further funds for capital improvements at Norm Perry Memorial Park, City Fields or a potential indoor facility from the community or otherwise for the betterment of soccer facilities in Sarnia.
5.3 Future Indoor Facility. If an indoor soccer turf facility is developed using monies from the Reserve Fund then the City shall give Sarnia FC the first priority to book up to 30 hours per week at the indoor facility at a rate not to exceed the best available rate for the facility as posted by the City.
6. Field Usage
6.1 Scheduling of Games at Norm Perry Memorial Park. Sarnia FC shall receive first priority to schedule their Games at the fields located at Norm Perry Memorial Park which will be exercised through established booking procedures maintained by the City’s Parks and Recreation department. Sarnia FC shall provide the City with a list of their field needs and dates of use by April 1st of each year for Alix Fields at Norm Perry Memorial Park and by April 15th of each year for the North Field at Norm Perry Memorial Park. Sarnia FC will also provide dates for Camps by May 1st. Following the above dates, the City may schedule any available date to other sports groups.
6.2 Scheduling of Practice Times. Sarnia FC shall be permitted to book City Fields, which have not been already reserved by other individuals or organizations, for practices through the City’s established booking procedures. The City shall use its best efforts throughout the soccer season to provide Sarnia FC with an up to date list of fields and times that are available for the purpose of booking practices. During the spring and fall seasons Sarnia FC shall receive first priority among soccer organizations to schedule their practices at the fields located at Norm Perry Memorial Park which will be exercised through established booking procedures maintained by the City’s Parks and Recreation department. Prior to February 1st for the spring season and August 1st for the fall season Sarnia FC shall provide the City with a list of their field needs for the respective seasons. Following the above dates, the City may schedule any available date to other groups or organizations.
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6.3 Scheduling of Games on Other City Fields. In the event that Sarnia FC requires Full Field Games to be held in other facilities that could not be scheduled on the fields located at Norm Perry Memorial Park then the City will work with Sarnia FC to schedule these overflow Games on other fields in the City, including but not limited to the fields at Veterans Field, Germain Park, and Blackwell Park.
6.4 Field Usage Rates. Sarnia FC shall pay 50% of the Subsidized Rate specific to the field being used for Games. There shall be no charge to Sarnia FC for the use of City fields for practice times, training or Camps.
7. Insurance
7.1 Insurance. Sarnia FC shall indemnify and save harmless the City and its employees Sarnia FC shall maintain insurance in the amount of $5,000,000 per incident and the City shall be a named insured. Sarnia FC shall provide the City with an insurance certificate each year by April 1, satisfactory to the City Solicitor. The amount of minimal insurance coverage shall be reviewed every 5 years.
7.2 Indemnity. Each party shall indemnify and save the other party harmless from and against all losses, damages, claims, suits, costs, or liabilities which the other party may suffer or incur as a result of the breach by it of any provision of this Agreement or as a result, directly or indirectly, of its wrongful acts, omissions or negligence or those of its employees, agents or contractors.
8. Force Majeure 8.1 Events of force majeure. Neither party shall be liable to the other party for any failure to comply with or any delay in the performance of the terms of this Agreement where such failure or delay, directly or indirectly or in whole or in part, arises from: (a) accident, fire, flood, earthquake, explosion, or acts of God; (b) hostile or warlike action in time of peace or war; (c) insurrection, rebellion, revolution, civil war, acts of terrorism, sabotage, civil disobedience, usurped power, or action taken by governmental authority in hindering, combatting or defending against such occurrence;
(d) strikes, slowdowns, lockouts or other labour or employee interruptions or disturbances, whether involving employees
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of that party or of any other person over which that party has no reasonable control, or
(e) acts, regulations or directives of governmental authority of competent jurisdiction.
9. General
9.1 Notices. Formal notices required or permitted by this Agreement shall be in writing and shall be delivered by hand, by facsimile, or by registered mail as follows:
(a) If to the City, to: The Corporation of the City of Sarnia 255 Christina Street North P.O. Box 3018 Sarnia, Ontario N7T 7N2
Attention: City Solicitor/Clerk Facsimile No.: 519-332-3995 Copy to: Director of Parks and Recreation Facsimile No.: 519-332-0776
(b) If to Sarnia FC, to: Sarnia FC P. O. Box 22060 Twin Lakes Postal Outlet Sarnia, ON N7S 6J4 Attention: Sarnia FC President or such other address as each party may notify the other party. Any notice shall be deemed to be received if delivered by hand, when delivered; if sent by facsimile, when confirmation of transmission is received on the transmitting machine; or if mailed in Canada double registered, on the date of acknowledgment of receipt.
9.2 General.
(1) This Agreement: (a) constitutes the entire agreement between the parties and supersedes any written or oral agreements between the parties; (b) may not be amended except in writing signed by both parties;
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(c) may not be assigned or sub-licensed by Sarnia FC without the City's prior written consent; and (d) shall be governed by and interpreted in accordance with the laws of Ontario;
WITNESS the execution of these presents by the parties hereto by the hands and seals of their proper officers effective as at the 9th day of September 2013.
THE CORPORATION OF THE CITY OF SARNIA
______Mike Bradley, Mayor
______Brian Knott, City Solicitor/Clerk
SARNIA Football Club
______Jay Noszenko, President
______John McNeil, Treasurer We have the authority to bind the Corporation.
Page 302 of 303 BY-LAW NUMBER OF 2013 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Sarnia Football Club” By -
READINGS: Law #18
FIRST: September 9th, 2013
SECOND: September 9th, 2013 - September 9, 2013 THIRD: September 9th, 2013
THE CORPORATION OF THE CITY OF SARNIA Office of the City Solicitor/Clerk (SRM/ad) City Hall
Sarnia, Ontario N7T 7N2 Page 303 of