CITY OF QUINTE WEST by goodbaby

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									                                  CITY OF QUINTE WEST
                                    COUNCIL AGENDA
                                          17-09

November 2, 2009                                              City Hall Council Chambers

5:30 p.m.
Call to Order

1.0 Closed Session of Council

Closed Session of Council will be held for the purpose of:

    a) The review of the Minutes of the Closed Session Council Meeting held on October 19,
       2009. (not printed)
       (Pursuant to Section 239 (2), (b) and (d) of the Municipal Act.)
    b) Verbal report from Gary Dyke, CAO regarding Quinte West Professional Fire Fighters Association
       contract negotiations.
       (Pursuant to Section 239 (2), (d) of the Municipal Act)

6:30 p.m. Public Session of Council

2.0 Opening

        2.1      National Anthem - “O Canada”

        2.2      Opening Prayer

        2.3      Opening Remarks

3.0 Report from Closed Session of Council

4.0 Approval of Agenda

5.0 Approval of Minutes

        5.1 Minutes of the Regular Council Meeting held on October 19, 2009.

        5.2 Minutes of the Closed Session Council Meeting held on October 19, 2009.
            (Not printed)

6.0 Disclosure of Pecuniary Interest and the General Nature thereof

6:40 p.m.
7.0 Presentations, Delegations and Petitions

    7.1 Presentation:
            None

    7.2 Delegation:
            Lou DeVuono, organizer of the “Hero’s Highway Ride” will speak to Mayor and
            Council regarding the 2010 ride that is scheduled to take place in Quinte West.

              Catherine Indewey will speak to Mayor and Council regarding her opposition to a
              recent zoning application due to her concerns for young people and traffic on their
              property and Highway 2. (Planning Rezoning Application D209-M27-09-Matthews)
            Ray Voskamp and Mike Voskamp2 will speak to Mayor and Council regarding a
            request to by-pass the Planning Advisory Committee for an Official Plan amendment
            and Zoning By-law amendment.

8.0 Public Input

9.0 Committee Reports, Staff Reports and Approval of Accounts
   9.1 C.A.O:
       a) None

   9.2 Corporate & Financial Services:
       a) Accounts Payable City General October 2009, in the amount of $3,218,953.92
       b) Accounts Payable Exceeding $10,000.00 in the amount of $3,024,142.27
       c) Minutes of the Corporate & Financial Services committee meeting held on October
          21, 2009.
       d) Staff Report 09-13CFS from David Clazie, Director of Corporate & Financial Services
          regarding an Addendum to the City’s Intake Three of the COMRIF funding for
          Batawa Waste Water Plant and infrastructure upgrades.
       e) Staff Report 09-14CFS from David Clazie, Director of Corporate & Financial Services
          regarding the public transit agreement. (supplementary)
       f) Staff Report 09-15CFS from Donnalee Craig, City Clerk regarding a Murray Ward
          Public Member appointment on the Public Works Advisory Committee.

   9.3 Planning Services:
       a) Minutes of the Accessibility Advisory Committee meeting held on October 14, 2009.
       b) Minutes of the Planning Advisory Committee meeting held on October 15, 2009.
       c) Staff Report 09-0111PD from Charlie Murphy, Director of Planning & Development
          Services regarding an amendment to the Yard Maintenance By-law.

   9.4 Public Works & Environmental Services:
       a) Staff Report 09-37PW from Chris Angelo, Director of Public Works & Environmental
          Services regarding request for proposals to complete a review of the current Public
          Works facilities and to recommend facility requirements.

10.0 Correspondence for Council Decision
         10.1 Decisions:
         a) A request for support and permission to hold the “Hero’s Highway Ride” in The City of
             Quinte West.
         b) Ray Voskamp and Mike Voskamp’s request to Mayor and Council regarding a by-
             pass of the Planning Advisory Committee for an Official Plan amendment and Zoning
             By-law amendment.

         10.2 Proclamations:
         a) That the week of December 6th to 12th, 2009 be proclaimed “English as a Second
             Language Week” in the City of Quinte West.
         b) That November 14, 2009 be proclaimed “World Diabetes Day” in the City of Quinte
             West.”
         c) That Sunday November 29th, 2009 be proclaimed The Trenton Santa Claus Parade
             Day.

11.0 By-laws

Corporate & Financial Services:

09-142      Being a by-law to amend By-law No. 08-96, a By-law to appoint members to the
            various committees of Council for The City of Quinte West and to certain other special
            purpose bodies. (Public Works & Environmental Services Committee)
09-145      Being a By-law to approve and authorize the execution of a revised agreement
            between The Corporation of the City of Quinte West and Her Majesty The Queen In
            Right of the Province of Ontario, as represented by The Minister of Agriculture, Food
            and Rural Affairs. (Batawa Waste Water Plant and Infrastructure Upgrades)
09-150                                           3
          Being a by-law to authorize the signing of an agreement between The Corporation of
          the City of Quinte West and Quinte Access for the purpose of providing a Public
          Transit Service in the City of Quinte West. (supplementary)
09-154    Being a by-law to impose special annual drainage rates upon land in respect of which
          money is borrowed under the Tile Drainage Act.
          (McCaw-1050 Harrington Rd.) (supplementary)
Planning & Development:
09-146    Being a By-Law to rezone property owned by Michael and Valerie McMurray at 44
          and 66 McMurray Road in Part of Lot 17, Concession B, former Township of Murray,
          now in the City of Quinte West from A3 – Rural Residential zone to A2-29 – Special
          General Rural and A3-23 – Special Rural Residential zones.
09-147    The purpose of the By-law is to rezone property owned by 1747314 Ontario Ltd.
          (Owner Ronald J. Matthews) at 16070 Highway 2 in Part of Lot 22, Concession A,
          being Part 1 on RP 3280, former Township of Murray, now in the City of Quinte West
          from CH – Highway Commercial to CH-16 – Special Highway Commercial zone.
09-148    Being a By-law to assume certain services in Registered Plan 39M-832 being Phase
          III of the Brett Park Subdivision and certain services in Registered Plan 39M-837
          being Phase IV of the Brett Park Subdivision in Par of Lot 5, Concession 1, former
          Township of Murray, now in the City of Quinte West.
09-149    Being a By-law to authorize the Mayor and Clerk to sign a contract with Shoreplan
          Engineering Ltd. to complete a market demand study. (West Side Marina Project)
09-151    Being a by-law to amend By-law 06-67, a By-law to establish yard maintenance
          standards in The City of Quinte West.

Public Works & Environmental Services:
09-143   Being a By-law restricting the weight of vehicles passing over bridges.
09-144   Being a By-law to amend By-law 08-142, as amended, being a by-law to regulate the
         speed of vehicular traffic on highways and portions of highways of the City of Quinte
         West. (Wallbridge-Loyalist Road – South on Vermilyea Road)
09-152   Being a by-law to amend By-law Number 04-10, as amended, being a by-law to
         prohibit and regulate the parking, standing or stopping of vehicles in The City of
         Quinte West. (Stockdale Road)

12.0 Correspondence for Council Information
   12.1 Printed
       a) Memorandum from David Clazie, Director of Corporate & Financial Services regarding
           information on Third Quarter Updates and the 2008 Financial Indicator Review.
       b) Minutes of the Committee of Adjustment meeting that was held on October 15, 2009.
       c) Integrated Waste Management Plan (IWMP) briefing notes from October 20, 2009.
       d) Correspondence from the Trenton Royal Canadian Legion Branch 110 regarding
           their upcoming Legion Remembrance Week activities.
       e) Notice to ratepayers of Source Protection Open House November 3, 2009.
       f) Information regarding the Community Advisory Council’s request for submission of
           names of individuals to be appointed as Advisory Members of Quinte Healthcare
           Corporation.

   12,2 Non-Printed
       a) Minutes of the Stirling-Rawdon and District Arena Board meeting held on September
          29, 2009.

13.0 Supplementary Agenda Items

14.0 Notice(s) of Motion

15.0 Councillor Comments and Requests for Information

16.0 Confirmation By-law

         16.1   Confirmation By-law 09-153

17.0 Adjournment
                                                4
                           CLOSED SESSION OF COUNCIL
                                November 2, 2009




Closed Session of Council Minutes:

       Minutes of the Closed Session Council Meeting held on October 19, 2009.
       (Not printed)

       (Pursuant to Section 239 (2), (b) and (d) of the Municipal Act.)

Closed Session Staff Reports:

       Verbal report from Gary Dyke, CAO regarding Quinte West Professional Fire Fighters
       Association contract negotiations.

       (Pursuant to Section 239 (2), (d) of the Municipal Act)
                                             5
                                  COUNCIL MINUTES
                                   November 2, 2009



Approval of Council Minutes

       Minutes of the Regular Council Meeting held on October 19, 2009.

      Minutes of the Closed Session Council Meeting held on October 19, 2009.
      (Not printed)
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Monday October 19, 2009                    9                    City Hall Council Chambers
__________________________________________________________________________________


Public Works &       Motion No. 09-0313
Environmental
Services:

Staff Report         Moved by Harrison
09-36PW              Seconded by Alyea
(supplementary)
                     That Council awards Tender PW 09-24 for the watermain extension
                     on Trenton Street to McInroy-Maines at a cost of $258,882 (plus
                     applicable GST) and that the project be funded from the Economic
                     Development Reserve and the anticipated funding to be received
                     from Trenval ($43,000).

                                                                                   Carried

                                                DECISION ITEMS

Proclamations        Motion No. 09-0314

                     Moved by Cassidy
                     Seconded by Alyea

                     That the following proclamation requests for the October 19, 2009
                     Council meeting be approved:

                     That the week of October 25 to 31, 2009 be proclaimed
                     “International Epidermolysis Bullosa Awareness Week”.

                     That the month of November 21 to December 21, 2009 be
                     proclaimed “Salvation Army Month”.

                     That November 6, 2009 be proclaimed “Community Social
                     Service Workers Appreciation Day”.

                     That Saturday November 28, 2009 be proclaimed “Frankford
                     Santa Claus Parade Day”.
                                                                                   Carried
                                                   BY-LAWS

                     Motion No. 09-0315

                     Moved by Alyea
                     Seconded by Hamilton

                     That the following By-laws:

            09-138 Being a By-law to establish to establish highways within the
                   Municipality and the assumption of lands the City has acquired for
                   this purpose, Road Widening By-law #2.
            09-139 Being a By-law to sell surplus lands in the City of Quinte West and
                   to acquire lands to facilitate the City’s access to pedestrian crossing
                   to Bata Island emergency vehicle turn-a-round and eight off street
                   parking spaces located in Frankford Ward, City/749328 Ont. Ltd.
            09-140 Being a By-law to provide for regulating and governing barbed wire
                   fences within the City of Quinte West.

                     Motion No. 09-0316

                     Moved by Wannamaker
                     Seconded by Reid

                     That by-law; 09-138, 09-139, 09-140;

                     Now be read a second time.

                                                                                   Carried


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                   COUNCIL DELEGATION/PRESENTATION
                            November 2, 2009




Presentations:   None


Delegations:

6:40 p.m.        Lou DeVuono, organizer of the “Hero’s Highway Ride” will speak to Mayor
                 and Council regarding the 2010 ride that is scheduled to take place in Quinte
                 West.

6:50 p.m.        Catherine Indewey will speak to Mayor and Council regarding her opposition
                 to a recent zoning application due to her concerns for young people and
                 traffic on their property and Highway 2. (Planning Rezoning Application
                 D209-M27-09-Matthews)

7:00 p.m.        Ray Voskamp and Mike Voskamp will speak to Mayor and Council regarding
                 a request to by-pass the Planning Advisory Committee for an Official Plan
                 amendment and Zoning By-law amendment.
                                         13


         COMMITTEE REPORTS, STAFF REPORTS & APPROVAL OF ACCOUNTS
                                  November 2, 2009


C,A.O:

   a)    None

Corporate & Financial Services:

   a) Accounts Payable City General October, 2009 in the amount of $3,218,953.92
   b) Accounts Payable Exceeding $10,000.00 in the amount of $3,024,142.27
   c) Minutes of the Corporate & Financial Services committee meeting held on October
      21, 2009.
   d) Staff Report 09-13CFS from David Clazie, Director of Corporate & Financial Services
      regarding an Addendum to the City’s Intake Three of the COMRIF funding for
      Batawa Waste Water Plant and infrastructure upgrades.
   e) Staff Report 09-14CFS from David Clazie, Director of Corporate & Financial Services
      regarding the public transit agreement. (supplementary)
   f) Staff Report 09-15CFS from Donnalee Craig, City Clerk regarding a Murray Ward
      Public Member appointment on the Public Works Advisory Committee.

Planning Services:

   a) Minutes of the Accessibility Advisory Committee meeting held on October 14, 2009.
   b) Minutes of the Planning Advisory Committee meeting held on October 15, 2009.
   c) Staff Report 09-0111PD from Charlie Murphy, Director of Planning & Development
      Services regarding an amendment to the Yard Maintenance By-law.

Public Works & Environmental Services:

   a) Staff Report 09-37PW from Chris Angelo, Director of Public Works & Environmental
      Services regarding request for proposals to complete a review of the current Public
      Works facilities and to recommend facility requirements.
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                                           1

        THIS AGREEMENT made this                   day of                 , 2009.


BETWEEN:

               THE CORPORATION OF THE CITY OF QUINTE WEST


                                                    (hereinafter referred to as the “City”)

                                         -and-


                QUINTE ACCESS TRANSPORTATION NON PROFIT

                                               (hereinafter referred to as the “Operator”)


      WHEREAS the City presently owns a number of transit buses and wishes to
encourage the use of public transit within the City;


     AND WHEREAS the Operator carries on the business of operating buses for use
by members of the public;


       AND WHEREAS the City wishes to enter into an Agreement with the Operator
pursuant to Section 69 of the Municipal Act, 2001, whereby the Operator will maintain
and operate the City’s transit buses and provide regularly scheduled public transit
routes for members of the public within the City;


       NOW THEREFORE this Agreement witnesses that in consideration of the mutual
terms and conditions herein contained and other good and valuable consideration (the
receipt and sufficiency of which is acknowledged by each of the parties hereto) the
parties hereto hereby covenant and agree with each other as follows:


1.    The City and the Operator hereby covenant and agree that the Operator shall
      maintain and operate the City’s transit buses to provide public transit services to
      members of the public within the City and in accordance with the provisions of
      this Agreement.


2.    TERM:

       (1)   The Term of this Agreement shall commence September 15, 2009 and
             expire December 31, 2010 unless this Agreement has been earlier
             terminated or renewed in accordance with the provisions of this
             Agreement.

      (2)    The Operator may renew this Agreement for a            one year term
             commencing January 1, 2011 by providing written notice to the City of its
             intention to renew on or before October 1, 2010.


3.    OWNERSHIP OF TRANSIT BUSES:

      The Operator hereby acknowledges and agrees that the City’s transit buses as
      identified in Schedule “A” attached to and forming part of this Agreement are
                                          27


                                           2

     owned by and shall remain in the exclusive ownership of the City and the
     Operator acknowledges that the Operator will not acquire any right, title or
     interest, whether legal or equitable, in the transit buses pursuant to the provisions
     of this Agreement.


4.   OPERATION OF TRANSIT BUSES:

     The Operator hereby agrees that during the term of this Agreement or any
     renewal thereof the Operator shall:

     (a)    operate the City’s transit buses from 6:00 a.m. to 7:30 p.m. Monday to
            Friday each week and from 9:00 a.m. to 4:30 p.m. each Saturday;

     (b)    adhere to the routes and schedules as approved by the City from time to
            time;

     (c)    collect from any member of the public who may use the transit buses such
            fares or remuneration as may be approved by the City from time to time;

     (d)    maintain the City’s transit buses in good mechanical condition suitable for
            use as public transit buses;

     (e)    ensure that the interior of the transit buses are cleaned each day prior to
            commencing operations for the day and clean the exterior of each bus at
            such intervals as may be necessary to ensure that grime, dust, salt or
            slush does not accumulate on the vehicles;

     (f)    supply at the Operator’s expense any fuel or oil that may be required to
            operate the transit buses in accordance with the manufacturer’s
            specifications;

     (g)    supply any new parts for the transit buses that may be required including
            but not limited to tires and lights pursuant to the manufacturer’s
            specifications; and

     (h)    obtain and maintain at the Operator’s expense insurance in accordance
            with the provisions of this Agreement.


5.   DRIVERS:

     The Operator hereby agrees that the Operator shall, at its expense, hire and
     employ qualified drivers licensed to operate the City’s transit buses in
     accordance with the terms of this Agreement and shall pay all or any fines or
     sanctions that may be levied or imposed in connection with the possession, use
     or operation of the transit buses and indemnify the City in respect of any such
     fines or levies. The parties acknowledge and agree that any drivers or other
     employees who may be hired or employed by the Operator shall remain the
     employer of the Operator and shall not be considered to be the employees of the
     City for any reason.


6.   CITY MEMBERSHIP ON BOARD OF DIRECTORS:

     The parties hereby agree that during the term of this Agreement or any renewal
     thereof the City may appoint a member of Council to be a member ex officio of
     the Board of Directors of the Operator.
                                         28


                                          3

7.   MONTHLY INFORMATION:

     The Operator hereby agrees to provide to the City within twenty-five days of the
     end of each calendar month during the term of this Agreement or any renewal
     thereof a written report setting out:

     (a)   the amount of revenue received by the Operator for the immediately
           preceding month separated by category as revenue received from fares,
           revenue received from advertising and other revenue;

     (b)   the number of passengers who used the transit buses for the immediately
           preceding month;

     (c)   any expenses incurred by the Operator in maintaining and operating the
           transit buses including any money spent on fuel, any money spent on
           maintenance and any wages and benefits paid to employees in operating
           and maintaining the transit buses; and

     (d)   such further and other information and documentation as the City may
           reasonably require.


8.   BUDGET:

     The Operator agrees that the Operator shall prepare a budget for each calendar
     year during the term of this Agreement and any renewal thereof in which the
     Operator shall set out in detail the anticipated revenue to be received by the
     Operator from the operation of the transit buses for the upcoming year and the
     anticipated expenses the Operator will incur in maintaining and operating the
     transit buses for the upcoming year. The Operator agrees to submit the
     Operator’s proposed budget for the upcoming year to the City for the City’s
     review and comment on or before the 15th day of January of each year during the
     term of this Agreement.


9.   FINANCIAL STATEMENT:

     (1)   On or before the 1st day of June in each calendar year during the term of
           this Agreement, the Operator shall provide to the City a complete and
           audited financial statement for the immediately preceding calendar year,
           signed and verified by the Operator, which shall include in reasonable
           detail and in such form as the City may reasonably require a record of all
           revenue received by the Operator from its operation of the City’s transit
           buses together with all expenses incurred by the Operator in operating
           and maintaining the transit buses for the calendar year.

     (2)   At any reasonable time after delivery to the City of the financial statement
           referred to in subparagraph 9 (1) above, or if the Operator fails to deliver a
           financial statement within the time stipulated in subparagraph 9 (1) above,
           the City shall have the right, exercisable by its officers and auditors, to
           cause a complete audit to be made of the Operator’s operation of the
           City’s transit buses and to examine such records and books during normal
           business hours as may be required to confirm or establish the amount of
           the revenue and expenses for the period for which the financial statement
           relates.

            The cost of such an examination will be borne by the City unless such
           examination discloses a variation in excess of two percent of the amount
           that the financial statement shows with respect to the surplus or deficit
           incurred by the Operator in the operation of the transit buses for the period
                                           29


                                            4

             in question or unless the required statement has not been provided to the
             City pursuant to subparagraph 9 (1) of this Agreement in which event such
             costs shall be borne by the Operator.

(3)   The parties agree that the Operator shall be entitled to retain any revenue it
      receives from the operation of the transit buses, including any fares received and
      any advertising fees received and the Operator shall apply this revenue to the
      costs of maintaining and operating the transit buses and employing such
      employees as may be required pursuant to this Agreement. In the event that the
      revenue received by the Operator does not cover the costs incurred in operating
      and maintaining the transit buses, the City will contribute to the Operator the
      amount by which the operating, maintenance and employment costs exceed the
      revenue received.


10.   NOTIFICATION:

      The Operator hereby agrees to notify the City as soon as is practicable of any
      accident or circumstance that may give rise to any claim and to provide the City
      with particulars of the accident or incident, the details of any bodily injury or
      property damage arising from the accident or such other information as might
      reasonably be requested to enable the City to be fully informed as to the
      circumstances of the incident.


11.   INDEMNIFICATION:

      The Operator shall at all times indemnify and save harmless the City from and
      against any and all manner of claims, demands, losses, costs, charges, actions
      and other proceedings whatsoever (including those under or in connection with
      the Work Place Safety and Insurance Act, 1997, S.O. 1997, c.16, Schedule A, or
      any successor legislation) made or brought against or suffered by or imposed on
      the City in respect of any loss, damage or injury (including fatal injury) to any
      person or property directly or indirectly arising out of, resulting from or sustained
      as a result of the operation of the transit buses.


12.   INSURANCE:

      The Operator agrees to secure general liability coverage for the benefit of the
      City up to limits of 10 million dollars and collision coverage for the transit buses,
      all insurance premiums to be at the expense of the Operator. The Operator
      agrees to provide certificates of coverage to the City on receipt of the transit
      buses and to ensure that the City is named as an insured under the policy on the
      basis that such policies are first loss policies.


13.   ADVERTISING:

      The parties hereto hereby acknowledge and agree that no signage shall be
      displayed on or within the transit buses without the prior written consent of the
      City and that any such signage shall reflect the City’s policy with respect to
      advertising on City property as it may be from time to time.


14.   PUBLIC INQUIRIES:

      The Operator hereby agrees that it shall be responsible for receiving and
      responding to any questions or comments from members of the public arising out
                                               30


                                               5

      of the operation of the transit buses.


15.   TERMINATION:

      (1)    The Operator hereby acknowledges and agrees that the City may
             terminate this Agreement at any time provided that the City gives notice to
             the Operator of its intention to terminate at least 90 days in advance of the
             proposed date of termination.

      (2)    In addition to the provisions of paragraph 15 (1) above, the parties hereto
             hereby agree that if at any time during the term of this Agreement the
             Operator is not fulfilling its obligations as required by this Agreement to the
             satisfaction of the City or the operator is unable to fulfill its obligations, the
             City may without prejudice to any other right or remedy it may have at law
             terminate this Agreement by providing the Operator with 30 days written
             notice of its intention to terminate the Agreement. Without limiting the
             generality of this paragraph, the City may terminate this Agreement
             pursuant to the provisions of this paragraph if any of the following shall
             occur:

             (a)    the Operator breaches or otherwise fails to comply with any term or
                    provision of this Agreement;

             (b)    the Operator becomes bankrupt, insolvent or is placed in
                    Receivership;

             (c)    a stoppage in the operation of the transit buses occurs; or

             (d)    the insurance coverage required in paragraph 12 of this Agreement
                    is revoked, cancelled, terminated or amended.

      (3)    On the termination of this Agreement, the Operator hereby agrees to
             provide to the City possession of its transit buses as of the effective date
             of termination as set out in the Notice of Termination.


16.   MEDIATION AND ARBITRATION:

      (1)    Despite anything contained in this Agreement to the contrary, in the event
             there is a dispute or disagreement with respect to the interpretation,
             construction, meaning or effect of this Agreement or any provision hereof
             which cannot be resolved by negotiation between the parties and the
             parties agree they do not wish to terminate this Agreement, then in such
             event the parties agree to use the services of a single qualified mediator,
             acceptable to both parties, to attempt to resolve the dispute or difference
             and, failing an agreement on the procedure to be followed, the mediation
             shall be conducted in accordance with the “Rules of Procedure for the
             Conduct of Mediations” of the ADR Institute of Ontario.

      (2)    In the event that the Mediation does not result in a resolution of the
             dispute or difference and the parties agree they do not wish to terminate
             this Agreement, then in such an event the unresolved issue may be taken
             to arbitration by the parties or by either party providing written notice to the
             other party of its desire to arbitrate the issue. In the event of arbitration,
             each party shall appoint an arbitrator of its own choosing and the two
             arbitrators so appointed shall appoint a third arbitrator. If either party
             defaults in appointing an arbitrator within 10 days of receiving notice of the
             desire to arbitrate, the arbitrator that has been appointed shall act as a
             sole arbitrator as if appointed by both parties. The arbitration shall be
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            conducted by the arbitrators in accordance with the “Rules of Procedure
            for the Conduct of Arbitrations” of the ADR Institute of Ontario and
            pursuant to the Arbitrations Act, 1991, S.O., 1991, c.17 as amended.

      (3)   The parties agree that either party may initiate a mediation or arbitration
            process by providing written notice to the other party of its intention to do
            so and each party shall be responsible to pay its own legal costs and
            associated costs that may be incurred in any mediation or arbitration
            conducted pursuant to this Agreement. In the event of an arbitration,
            each party will be responsible to pay the arbitrator it appointed pursuant to
            the provisions of this Agreement and the parties will share equally in the
            cost of the third arbitrator.


17.   NOTICE:

      (1)   All Notices that are permitted or required to be given pursuant to the
            provisions of this Agreement shall be in writing and shall be served
            personally by registered mail or by facsimile transmission to the following
            addresses:

            To the Operator:
            The Co-ordinator, Quinte Access
            97 Front Street
            Trenton, Ontario
            K8V 4N6

            To the City Clerk:
            The Corporation of the City of Quinte West
            7 Cresswell Street
            P.O. Box 490
            Trenton, Ontario
            K8V 5R6

            Telephone - 613-392-2841
            Fax - 613-392-5608

      (2)   Notice shall be deemed to be effective upon receipt of Notice served in
            person or by facsimile transmission or, where Notice is served by
            registered mail, the Notice shall be deemed to have been received
            effective on the second business day after the Notice has been mailed.


18.   GOVERNING LAW:

      This Agreement is made with reference to and is to be governed by and
      construed in accordance with the laws of the Province of Ontario.


19.   HEADINGS:

      The Headings in this Agreement are for ease of reference only and shall not be
      read or construed so as to abridge or modify the meaning of any provision in the
      main text of this Agreement.


20.   SEVERABILITY:

      If any term or provision of this Agreement or its application to any party hereto
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      shall to any extent be held to be void, invalid or unenforceable the remainder of
      this Agreement or the application of such term or provision to all parties other
      than to those that it was held to be void, invalid or unenforceable shall not be
      affected thereby and each term and provision of this Agreement shall be
      separately valid and enforceable to the fullest extent permitted by law.


21.   NON-ASSIGNMENT:

      This Agreement shall not be assigned without the expressed written consent of
      the City which consent may be unreasonably withheld.


22.   SUCCESSORS AND ASSIGNS:

      This Agreement shall ensure to the benefit of and be binding upon the parties
      hereto and their respective successors and permitted assigns.


23.   RELATIONSHIP OF PARTIES:

      The City and the Operator intend that:

      (a)   the City and the Operator shall not be treated as partners or members of a
            joint venture for any purpose in the operation of the transit buses; and

      (b)   the Operator shall be treated as an independent contractor of the City and
            shall be responsible at all times, including after the termination of this
            Agreement, for any costs associated with its employees including wages
            and salaries, benefits, Workers Compensation and Unemployment
            Insurance
            and any associated tax liabilities.


IN WITNESS WHEREOF the parties have hereto entered and executed this Agreement
by their duly authorized representatives.


SIGNED, SEALED AND               ) THE CORPORATION OF THE CITY OF QUINTE
    DELIVERED                    ) WEST
in the presence of:              )
                                 )
                                 )_____________________________________
                                 ) John Williams, Mayor
                                 )
                                 )
                                 )_____________________________________
                                 )DonnaLee Craig, City Clerk
                                 )
                                 )
                                 ) QUINTE ACCESS TRANSPORTATION
                                 ) NON PROFIT
                                 )
                                 )
                                 )______________________________________
                                 ) Per:                      A.S.O.
                                 )
                                 )
                                 )
                                 )_______________________________________
                                 ) Per:                      A.S.O.
                       33


                        8


               SCHEDULE “A”



Year   Make/Model                   Serial No.

2007   International EZ Trans Bus   343780
2007   International EZ Trans Bus   343781
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                          ITEMS FOR COUNCIL DECISION
                                November 2, 2009




Decision Items:

       A request for support and permission to hold the “Hero’s Highway Ride” in The City of
       Quinte West.
       Ray Voskamp and Mike Voskamp’s request to Mayor and Council regarding a by-
       pass of the Planning Advisory Committee for an Official Plan amendment and Zoning
       By-law amendment.

Proclamations:

       That the week of December 6th to 12th, 2009 be proclaimed “English as a Second
       Language Week” in the City of Quinte West.

       That November 14, 2009 be proclaimed “World Diabetes Day” in the City of Quinte
       West.”

       That Sunday November 29th, 2009 be proclaimed The Trenton Santa Claus Parade
       Day.
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                                                           Corporate Services

                                                         DonnaLee Craig, AMCT
                                                              City Clerk




                                 MEMORANDUM
TO:           Mayor John R. Williams
              Members of Council

FROM:         DonnaLee Craig
              City Clerk

DATE:         November 2, 2009

RE:           Proclamations


Attached is information regarding Proclamations requested for the November 2, 2009
Council meeting:

RECOMMENDATION:

That the following proclamations requested for the November 2, 2009 Council
meeting:

   “That the week of December 6th to 12th, 2009 be proclaimed “English as a
   Second Language Week” in the City of Quinte West.”

   “That November 14, 2009 be proclaimed “World Diabetes Day” in the City of
   Quinte West.”

   “That Sunday November 29th, 2009 be proclaimed The Trenton Santa Claus
   Parade Day.”


                                                                       be approved.



Attachments
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             2009                              Trenton
             Santa Claus Parade
October 23, 2009




Mayor Williams and Council
City of Quinte West
P.O. Box 490
Trenton, Ontario
K8V 5R6

Re: Santa Claus Parade

Dear Mayor and Council of the City of Quinte West,

The Quinte West Chamber of Commerce is once again planning the Trenton Santa Claus
Parade. It is our honour to provide this service to our Community.

We are respectfully requesting Council to declare Sunday, November 29, 2009 as the date for
the Trenton Santa Claus Parade.

The parade will form in Centennial Park at Couch Crescent in front of the Community Gardens
at approximately 3:30 p.m. It will leave at 4:30 p.m. sharp, follow Campbell St. and turn on
Dundas St. E. It will proceed over the Veteran Skyway Bridge, through downtown Trenton along
Dundas St. W., dispersing at Queen St.

Thank you for your consideration.

Sincerely,




Suzanne Andrews, Chamber Manager
                                              67


                                       BY-LAWS
                                    November 2, 2009



Corporate & Financial Services:

09-142    Being a by-law to amend By-law No. 08-96, a By-law to appoint members to the
          various committees of Council for The City of Quinte West and to certain other special
          purpose bodies. (Public Works & Environmental Services Committee)
09-145    Being a By-law to approve and authorize the execution of a revised agreement
          between The Corporation of the City of Quinte West and Her Majesty The Queen In
          Right of the Province of Ontario, as represented by The Minister of Agriculture, Food
          and Rural Affairs. (Batawa Waste Water Plant and Infrastructure Upgrades)
09-150    Being a by-law to authorize the signing of an agreement between The Corporation of
          the City of Quinte West and Quinte Access for the purpose of providing a Public
          Transit Service in the City of Quinte West. (supplementary)
09-154    Being a by-law to impose special annual drainage rates upon land in respect of which
          money is borrowed under the Tile Drainage Act.
          (McCaw-1050 Harrington Rd.) (supplementary)

Planning & Development:

09-146    Being a By-Law to rezone property owned by Michael and Valerie McMurray at 44
          and 66 McMurray Road in Part of Lot 17, Concession B, former Township of Murray,
          now in the City of Quinte West from A3 – Rural Residential zone to A2-29 – Special
          General Rural and A3-23 – Special Rural Residential zones.
09-147    The purpose of the By-law is to rezone property owned by 1747314 Ontario Ltd.
          (Owner Ronald J. Matthews) at 16070 Highway 2 in Part of Lot 22, Concession A,
          being Part 1 on RP 3280, former Township of Murray, now in the City of Quinte West
          from CH – Highway Commercial to CH-16 – Special Highway Commercial zone.
09-148    Being a By-law to assume certain services in Registered Plan 39M-832 being Phase
          III of the Brett Park Subdivision and certain services in Registered Plan 39M-837
          being Phase IV of the Brett Park Subdivision in Par of Lot 5, Concession 1, former
          Township of Murray, now in the City of Quinte West.
09-149    Being a By-law to authorize the Mayor and Clerk to sign a contract with Shoreplan
          Engineering Ltd. to complete a market demand study. (West Side Marina Project)
09-151    Being a by-law to amend By-law 06-67, a By-law to establish yard maintenance
          standards in The City of Quinte West.

Public Works & Environmental Services:

09-143    Being a By-law restricting the weight of vehicles passing over bridges.
09-144    Being a By-law to amend By-law 08-142, as amended, being a by-law to regulate the
          speed of vehicular traffic on highways and portions of highways of the City of Quinte
          West. (Wallbridge-Loyalist Road – Vermilyea Road)
09-152    Being a by-law to amend By-law Number 04-10, as amended, being a by-law to
          prohibit and regulate the parking, standing or stopping of vehicles in The City of
          Quinte West. (Stockdale Road)
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                                               69


                      CORPORATION OF THE CITY OF QUINTE WEST

                                  BY-LAW NUMBER 09-145



       BEING A BY-LAW TO APPROVE AND AUTHORIZE THE EXECUTION OF A
       REVISED AGREEMENT BETWEEN THE CORPORATION OF THE CITY OF
       QUINTE WEST AND HER MAJESTY THE QUEEN IN RIGHT OF THE
       PROVINCE OF ONTARIO, AS REPRESENTED BY THE MINISTER OF
       AGRICULTURE, FOOD AND RURAL AFFAIRS

        WHEREAS it is deemed appropriate to enter into an agreement with Her Majesty the
Queen Right of the Province of Ontario, as represented by the Minister of Agriculture, Food and
Rural Affairs for the receipt of funds under Intake Three of the Canada-Ontario Municipal Rural
Infrastructure Fund(COMRIF)Initiative.


NOW THEREFORE BE IT ENACTED BY THE COUNCIL FOR THE CORPORATION OF THE
CITY OF QUINTE WEST AS FOLLOWS:

1. That this by-law shall be entitled the “COMRIF Intake Three Addendum By-law”.

2. The Mayor and City Clerk shall be and are hereby authorized to enter into an agreement
   with Her Majesty the Queen in Right of the Province of Ontario, as represented by the
   Minister of Agriculture, Food and Rural Affairs for the receipt of funds under Intake Three of
   the COMRIF Initiative for the purpose of funding the Batawa Waste Water Plant (File
   #15158) and Infrastructure upgrades.

3. This By-law shall take effect upon final passing hereof.

                 READ A FIRST, SECOND AND THIRD TIME AND FINALLY

                        PASSED THIS 2ND DAY OF NOVEMBER, 2009




____________________________
John R. Williams, Mayor




____________________________
DonnaLee Craig, City Clerk
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                  PRINTED INFORMATION
                     November 2, 2009


Memorandum from David Clazie, Director of Corporate & Financial Services
regarding information on Third Quarter Updates and the 2008 Financial Indicator
Review.
Minutes of the Committee of Adjustment meeting that was held on October 15,
2009.
Integrated Waste Management Plan (IWMP) briefing notes from October 20,
2009.
Correspondence from the Royal Canadian Legion Branch 110 regarding their
upcoming Legion Remembrance Week activities.
Notice to ratepayers of Source Protection Open House November 3, 2009.
Information regarding the Community Advisory Council’s request for submission
of names of individuals to be appointed as Advisory Members of Quinte
Healthcare Corporation.
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                                      INTEGRATED WASTE MANAGEMENT                                                                                      October 20, 2009
                                                    119
                                        PLAN (IWMP) BRIEFING NOTES
PROGRESS REPORT                                            WORKING COMMITTEE MEETING                                  by the Ministry of the Environment (MOE): Reduction,
                                                                                                                      Reuse, Recycle and Compost, Recovery of Energy, then
                                                           A Working Committee meeting was held on August 27          Landfill.
Municipal Focus Group Meeting Big Success                  at the Belleville Club.
                                                                                                                      Due to the urgent nature of current waste management
Thank you very much to the 24 attendees who gathered       We developed the discussion items that were used for       issues, most discussion has been on ‘Recycle and
at the Centre Hastings Arts Centre on September 10,        the September 10 Municipal focus group meeting.            Compost’, ‘Recovery of Energy’ and ‘Landfill’. Once
2009 to share their thoughts on the direction of the                                                                  we have a clear focus and direction on these steps,
Integrated Waste Management Plan (IWMP).                   We also confirmed that the main consensus of our           methods of ‘Reduction’ and ‘Reuse’ will be covered
                                                           Working Committee was that our area needs ‘control         more thoroughly.
The Arts Centre was the perfect location for the           over our own destiny’ through a publicly owned
meeting since both the Arts Centre and the IWMP are        transfer station. This could:                              IWMP DECISION FRAMEWORK
based on sustainable development principles. The
                                                           -Reduce waste collection costs through
theme of the meeting was “Thinking Outside the Box
                                                            competition
and Inside the Circles”.
                                                           -Provide more control over waste destination and
A detailed report will be distributed shortly. Here are
                                                            disposition
some preliminary results.
                                                           -Provide more waste diversion opportunities
- We have a lot in common, such as tight economic
budgets, household organics, biosolids (e.g. sewage
                                                           -Provide some municipalities with an alternative to
treatment plant sludge, lagoon sludge, rural septage).
                                                            their own landfills, and;
We also need to reduce our garbage and increase
diversion (cost effectively). We need a solution for
                                                           -Reduce transfer station operating costs.
bulky goods, as well as a strategy for engaging the                                                                   The IWMP decision framework is based on the
public through promotion and education.                    We confirmed that this transfer station could become       principles of sustainable development. We must
                                                           the focal point of the IWMP implementation upon            meet the needs of the present without compromising
- The majority agreed that a publicly owned waste          which other waste management strategies are built.         the needs of future generations. We will accomplish
transfer station would be beneficial for our area.         The input and ideas of the Working Committee are           this by optimizing the benefits and costs of the Triple
Funding could be based on the principle of proportional    appreciated and very valuable to the success of the        Bottom Line: social, environmental and financial.
ownership to be economically fair to all member            IWMP.
municipalities.                                                                                                       A big challenge is that many of the environmental and
                                                           STEERING COMMITTEE                                         social benefits of waste reduction and diversion are felt
- For household organics, the majority favoured an                                                                    globally and in the future, while the financing must be
enhanced backyard composting program with a free                                                                      accomplished locally and in the present.
composter, free blue box, educator-enforcers, clear        A Steering Committee meeting was held August
garbage bags and enforced by-laws.                         31 to provide continued direction. We planned              To meet this challenge together, we need to ‘Think
                                                           the September 10 municipal focus group meeting.            outside the box, and inside the circles’.
- For biosolids, choices for future options were split     Discussed including these Briefing Notes as information
between the status quo and other options such as           matter in Council agendas. Reviewed Working                           Dates To Remember
fuel or fertilizer pellets, incineration or recovery of    Committee meetings, planned a Norterra composting
energy, and composting to produce a regulated soil         plant tour, and decided to include the transfer station       Public Input 21 Oct - Roslin St. Pauls Hall
                                                                                                                          Meetings 3 Nov - Belleville Rec Centre
amendment. Many attendees stated that at this time         and enhanced backyard composting as options for the                        5 Nov - Quinte West Council
it’s best to stay with the status quo until regulated to   IWMP.                                                                               Chamber
                                                                                                                                      18 Nov - Madoc Kiwanis Hall
change by the Ministry of the Environment.
                                                           IWMP FOCUS                                                     Nov to Dec Review Draft Customized IWMP
- For Recovery of Energy, the majority favoured a local
                                                                                                                           Jan to Mar Review Final Draft IWMP
Energy from Waste facility, sized to handle all our
residual waste for the next 20 years with extra capacity                                                                   Jan to Mar IWMP Impact Studies.
to help IC&I and other regions.
                                                                                                                          Mar to Apr Council Approval

This option would create positive cashflow from
electricity sales and charging tipping fees to IC&I and                                                               MOVING FORWARD
other regions. Other noted benefits were job creation                                                                 You can expect regular updates by way of these
and lower waste disposal costs for the IC&I sector.                                                                   briefing notes, updates from your Board member,
                                                           The main focus of the IWMP is to reduce waste to           representative on the Working Committee and wide
                                                           landfill as close to zero as possible by focusing on the   distribution of the Working Committee Notes.
                                                           following steps in this order of importance as laid out
                                                                          120


                                                          Oct 20 Briefing Notes


IWMP Progress Report

       Six meetings of the Steering Committee to provide direction.

       The Working Committee met for the fourth and fifth times as part of the Sept 10 municipal focus group and the Sept 28 Board focus group. Very
       valuable input.

       September 10 municipal focus group meeting discussion on issues:
               o We have a lot in common and we can work together to solve our waste management issues

       September 10 municipal focus group meeting and September 28 Board focus group meeting direction:
               o Enhanced Back Yard Composting
               o Public Owned Transfer Station
               o Status Quo for biosolids
               o Local Energy from Waste facility, sized to handle our residual waste with extra capacity to help IC&I and other regions

       QWS staff member toured Hamilton transfer stations, gathered information, and took pictures September 4.

       OWMA Landfill/Waste Facility tour of Thorold, Ontario and New York state waste management facilities September 29-30.

       Toured Kingston’s Norterra Gore central composting facility October 1

       Five Public Open Houses being planned

       Federal and provincial Green Infrastructure Fund staff still reviewing the submitted draft preliminary project outline and costs.

Future Actions

       Hold Five Public Open House meetings

       Create draft Integrated Waste Management Plan document for municipal review

       Develop Implementation Plan


Preferred Deadline Approaching Quickly
IWMP Desired Completion = March 31, 2010
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                          NON-PRINTED INFORMATION
                               November 2, 2009
_____________________________________________________________________________


         Minutes of the Stirling-Rawdon and District Arena Board meeting held on September
         29, 2009.
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