Recommendation: That the Committee of the Whole Agenda dated February 2, 2016 be adopted as printed.

Transcription

1 Committee of the Whole Tuesday, February 2, 2016 During Regular Council Meeting at 7:00 PM Zima Room, Library and Cultural Centre 425 Holland Street West, Bradford Agenda Pages A meeting of the Committee of the Whole of The Corporation of the Town of Bradford West Gwillimbury will be held Tuesday, February 2, 2016 during the Regular Council Meeting at 7:00 PM, in the Zima Room, Library and Cultural Centre, 425 Holland Street West, Bradford, ON. 1. Call to Order The Presiding Officer calls the meeting to order. 2. Adoption of Agenda Recommendation: That the Committee of the Whole Agenda dated February 2, 2016 be adopted as printed. 3. Declarations of Pecuniary Interest and the General Nature 4. Deputation There are no deputations. 5. Staff Reports Report of Development and Engineering Services Final Assumption Ontario Inc. (Marlucor) Recommendation: That Report DES dated February 2, 2016 regarding Final Assumption Ontario Inc. (Marlucor) be received; and

2 Committee of the Whole - Agenda February 2, 2016 Page 2 of 11 That the recommendation for Final Assumption of this development be approved; and That the necessary by-law be presented for consideration by Council; and That upon passage of the by-law and written confirmation from the Manager, Development Engineering, the Treasurer release the required securities Report of Corporate Services Train Whistle Cessation Costing Recommendation: That Report COR dated February 2, 2016 regarding Train Whistle Cessation Costing be received Report of Corporate Services Council Proclamation Guidelines Recommendation: That Report COR dated February 2, 2016 regarding Council Proclamation Guidelines be received; and That Council direct staff to publish the proclamation guidelines outlined within the report on the Town website; and That the guidelines be used as the basis for assessing all future requests for proclamations and flag raisings. 6. New Business 7. Rise and Report Recommendation: That the Committee of the Whole adjourn at p.m.

3 Page 3 of 11 Report of Development and Engineering Services REPORT #: DES DATE: 02 Feb 2016 TO: SUBJECT: PREPARED BY: Deputy Mayor and Members of Committee of the Whole Final Assumption Ontario Inc. (Marlucor) Gavin Watson, Manager of Development Engineering 1. RECOMMENDATIONS: That Report DES dated February 2, 2016 regarding Final Assumption Ontario Inc. (Marlucor) be received; and That the recommendation for Final Assumption of this development be approved; and That the necessary by-law be presented for consideration by Council; and That upon passage of the by-law and written confirmation from the Manager, Development Engineering, the Treasurer release the required securities. 2. PREAMBLE: The Marlucor (Royal Valley) development, managed by A. Farber & Partners Inc. on behalf of Ontario Inc. is located near the north limits of the Town on Line 13 (see Attachment A). The developer has requested that the Town consider the Final Assumption of this development, Plan 51M-937 as a result of having completed their works and the expiry of the required Maintenance Periods. 3. BASIC DATA PERTAINING TO THE MATTER: The single road within this development was constructed to base asphalt in approximately 2008 and then the development subsequently sat dormant for a couple of years. In 2010/2011 the developer proceeded to complete the remaining work in accordance with the subdivision agreement, including top asphalt. The developer has now completed all of the required works and the remedied all outstanding deficiencies. The developer has after consultation with staff requested assumption of the development by the Town. As part of the review of the Subdivision Agreement it was found that there is one item within the agreement that the developer has not been able to comply with and that is Section 2.39 (f). This section of the Subdivision Agreement requires that 85% of the homes to be Final Assumption Ontario Inc. (Marlucor)

4 DES Final Assumption Ontario Inc. (Marlucor) 2 Page 4 of 11 constructed before acceptance of the development by the Town, however an amount less than 85% can be considered at the sole discretion of the Town. Currently 50% or 14 of the 28 lots have homes either constructed or under construction on them. The lots within this development are considered estate residential and it is not always typical that the developer is also the builder. Generally these lots are sold to purchasers with the intent of custom homes being constructed on them by a contractor of their choice. As noted the developer has not achieved this threshold, however they requested consideration of acceptance of the development with less than 85% completion of the homes. Typically this threshold is set so as to ensure that a sufficient portion of the development is constructed and that sufficient securities exist to ensure the works within the road allowance are completed (i.e. boulevard repairs, curb repairs, etc.). We have reviewed our requirements as it relates to the issuance of Building Permits and are comfortable that the security required through that process from each individual applicant applying for a Building Permit is sufficient to ensure that any damage to the boulevard or road is covered or is recoverable through that process. After consideration of the request and based on the security requirements of each individual application for a Building Permit staff has would support the assumption of the development by the Town. The developer has submitted all of the required documents and Town staff has performed a final inspection of the site and agree that the developer has completed their obligations under the Subdivision Agreement with the exception of Section 2.39 (f) noted above, as it pertains to the assumption. 4. EFFECT ON TOWN FINANCES: CURRENT YEAR: There are no current year financial obligations relating to the assumption. FUTURE YEARS: Once the development is assumed the Town would become fully responsible for the cost of ongoing maintenance and repairs. 5. ATTACHMENTS: Attachment A Key Map 6. APPROVALS: Gavin Watson, Manager of Development Engineering Approved - 20 Jan 2016 Arup Mukherjee, Director of Development and Engineering Approved - 24 Jan 2016 Services Ian Goodfellow, Director of Finance/Treasurer Approved - 25 Jan 2016 Geoff McKnight, Chief Administrative Officer Approved - 26 Jan 2016 Final Assumption Ontario Inc. (Marlucor)

5 Page 5 of 11 Attachment 'A' Key Map Report DES T o w n o f I n n i s f i l Marlucor 51M-937 Dale Cr Hwy 400 Line 13 SUBJECT AREA Teranet Enterprises Inc. and its suppliers. All rights reserved. NOT A PLAN OF SURVEY ± Final Assumption Ontario Inc. (Marlucor)

6 Page 6 of 11 Report of Corporate Services REPORT #: COR DATE: 02 Feb 2016 TO: SUBJECT: PREPARED BY: Deputy Mayor and Members of Committee of the Whole Train Whistle Cessation Costing Jen Kinsella, Committee Coordinator 1. RECOMMENDATIONS: That Report COR dated February 2, 2016 regarding Train Whistle Cessation Costing be received. 2. PREAMBLE: At the August 4, 2015 Committee of the Whole Meeting, Council requested staff investigate the requirements and costs of commencing the first step of the whistle cessation process for the railway crossings located at Industrial Road and the driveway to the Waste Water Treatment Plant. This report presents Council with that information. 3. BASIC DATA PERTAINING TO THE MATTER: Report COR presented on August 4, 2015 provided Council with details of the Metrolinx - GO Transit Whistling Exemption Process Guidelines. If the municipality wishes to proceed with the Whistling Exemption Process, the municipality undertakes its own review to ensure that the crossing meets the conditions set out in Transport Canada s Guidelines and determines whether the crossing qualifies for a whistle exemption. A preliminary review indicates that the two subject crossings likely meet Transport Canada's Guidelines. The subject crossings both have flashing lights, bell and gates. The second step is for the municipality to contact GO Transit and submit a detailed request for whistle exemption describing the existing conditions at, and in the vicinity of, the subject crossings. The municipal request will fall under the GO Transit Third Party Approval Process and a detailed investigation and report will be initiated by GO Transit s Third Party Project consultant (AECOM) at the municipality s expense. The municipality must provide a Purchase Order to the GO Transit Third Party Consultant for the detailed Safety Assessment. The safety assessment must be completed by AECOM in accordance with terms and conditions set out by Metrolinx. Under the terms of their agreement, it is AECOM's Train Whistle Cessation Costing

7 COR Train Whistle Cessation Costing 2 Page 7 of 11 responsibility to protect the interests of GO Transit for all proposed work within and adjacent to the railway corridor. The methodology used to carry out the safety assessment conforms to Transport Canada Rules and Regulations as well as other applicable Standards and Railway Requirements. The safety assessments for the subject crossings would identify conditions that require mitigation and works required to bring the crossings into compliance with the latest Transport Canada Regulations for at-grade crossings. AECOM may also provide recommendations above and beyond the standards because of Metrolinx or industry best practices. To complete the safety assessments it has been estimated to cost between $10,000 and $15,000. AECOM has advised that one of the biggest concerns with whistle cessation is pedestrian safety. There are two common types of pedestrian barriers, automatic pedestrian barriers arm gates and maze gates. Automatic pedestrian barriers were estimated to cost $200,000 each and crossings generally require 2 per crossing ($400,000). Maze gates were estimated to cost $10,000 each and crossings generally require 4 per crossing ($40,000). The safety assessment would determine the requirements for pedestrian crossings. Other items to consider in order to fully understand potential costs associated with the whistle cessation process include: design and construction fees insurance costs legal agreement fees liability implications in the event of incident(s) Staff continue to be concerned about potential liability and risk management if whistle cessation is pursued. The rail authority has shifted this risk to the municipality as part of the process, as the municipality must enter into a liability agreement with the railway (Metrolinx). In correspondence received from the Town's insurer, our representative stated that they do not currently charge an additional premium when a municipality has implemented an antiwhistling by-law however "should a claim arise out of this situation, it would certainly have a negative impact on the future negotiations of the Town's liability premiums." The Town's insurer also cautions the Town about financial implications of signing and agreeing to broad indemnification clauses that may be included in the contract with the rail authority as "these indemnities may exceed the Town's insurance and prevent the Town from sharing the cost of a claim with the corresponding rail authority." It is both JLT's and the Town's liability insurer's opinion that train whistles save lives and eliminating them within the Town boundaries may indeed result in increased liability against the Town in the event of an incident result in death, injury or harm to anyone at a public crossing. 4. EFFECT ON TOWN FINANCES: Current year: The cost of any safety assessments and the cost of any required road or signal improvements is not included in the 2016 budget. Future years: The maintenance of any additional safety equipment would be an added cost for future years. Train Whistle Cessation Costing

8 COR Train Whistle Cessation Costing 3 Page 8 of ATTACHMENTS: None. 6. APPROVALS: Rebecca Murphy, Director of Corporate Services/Town Approved - 09 Jan 2016 Solicitor/Clerk Ian Goodfellow, Director of Finance/Treasurer Approved - 11 Jan 2016 Geoff McKnight, Chief Administrative Officer Approved - 11 Jan 2016 Train Whistle Cessation Costing

9 Page 9 of 11 Report of Corporate Services REPORT #: COR DATE: 02 Feb 2016 TO: SUBJECT: PREPARED BY: Deputy Mayor and Members of Committee of the Whole Council Proclamation Guidelines Caleigh Clubine, Communications Officer 1. RECOMMENDATIONS: That Report COR dated February 6, 2016 regarding Council Proclamation Guidelines be received; and That Council direct staff to publish the proclamation guidelines outlined within the report on the Town website; and That the guidelines be used as the basis for assessing all future requests for proclamations and flag raisings. 2. PREAMBLE: Organizations including not-for-profit corporations, public agencies and community groups frequently submit requests to the Town to issue proclamations and/or hold flag raisings. Proclamations and flag raisings are generally used to commemorate special events, recognize the good work of community agencies or to raise awareness of significant health or social issues. Requests are evaluated by the Mayor for suitability and fulfilled or declined accordingly; however at this time, the Town has no defined guidelines to identify what requests are not appropriate or to assist the Mayor in this process. Proclamation guidelines will assist the public and community groups in understanding what constitutes an appropriate request that can be approved. 3. BASIC DATA PERTAINING TO THE MATTER: A review was conducted of proclamation guidelines published by other municipalities, and the guidelines below were drafted to incorporate applicable best practices. Once final, the proclamation guidelines and a request form will be published on the Town's website. Council Proclamation Guidelines

10 COR Council Proclamation Guidelines 2 Town of BWG Proclamation Guidelines Proclamations are ceremonial documents signed by the Mayor and issued to organizations located in or serving the population of Bradford West Gwillimbury. At the discretion of the Mayor, proclamations may be issued for: public awareness campaigns charitable awareness/fundraising campaigns arts and cultural celebrations special honours We are unable to issue proclamations for: activities that fail to demonstrate respect and tolerance for all BWG residents events or organizations with no direct impact or connection to the Town of BWG campaigns or events contrary to Town policies or by-laws, or intended to influence government policy campaigns intended for commercial marketing or profit-making purposes When making a request for proclamation, please be aware of the following: Requests must be made by recognized charitable organizations or community groups. Proclamations will not be issued on behalf of individuals or commercial/for-profit entities. Organizations may only request one proclamation per year. Requests must be made on an annual basis, four to six weeks in advance of the commemoration/event. Wording of proclamations is to be supplied by the requesting organization. First-time requests should be accompanied by background information about the organization and the history of the commemoration/event. Proclamations will be posted on the Town website and, if space permits, noted on the Town Page in the local newspaper. Flag raisings may be held in conjunction with proclamations if requested and if approved by the Mayor. If a flag raising is desired: 1. Organizations must indicate one or more preferred dates and times for the flag raising. 2. An appropriate flag must be provided by the organization, and will not be stored by the Town after the flag-raising period. 3. During the flag raising, the proclamation will be read aloud by the Mayor or another representative of Town Council. An organization does not have exclusive rights to the day, week or month of their proclamation and/or flag raising. Multiple flag raisings may be held jointly. 4. EFFECT ON TOWN FINANCES: None. 5. ATTACHMENTS: None. Council Proclamation Guidelines Page 10 of 11

11 COR Council Proclamation Guidelines 3 Page 11 of APPROVALS: Rebecca Murphy, Director of Corporate Services/Town Approved - 10 Jan 2016 Solicitor/Clerk Ian Goodfellow, Director of Finance/Treasurer Approved - 11 Jan 2016 Geoff McKnight, Chief Administrative Officer Approved - 27 Jan 2016 Council Proclamation Guidelines