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Home My WebLink About09/24/2007 DATE: MONDAY, SEPTEMBER 24,2007 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETINGS Minutes of a meeting of Council held September 10,2007 DELEGATIONS a) Kim Gavine, Oak Ridges Moraine - A Foundation for Success on the Oak Ridges Moraine b) Krista Stainton - Applications to Amend the Clarington Official Plan and Zoning By-Law - 1276467 Ontario Limited to Permit Apartment and Townhouse Uses, Remove the Neighbourhood Park Symbol, and Permit Additional Commercial Parking For Lands Fronting Durham Highway 2 (Item 4 of Report #1) c) Roman Zydownyk - Applications to Amend the Clarington Official Plan and Zoning By-Law 1276467 Ontario Limited to Permit Apartment and Townhouse Uses, Remove the Neighbourhood Park Symbol, and Permit Additional Commercial Parking For Lands Fronting Durham Highway 2 (Item 4 of Report #1) (Correspondence Item D - 7) d) Sheila Costanzi - Applications to Amend the Clarington Official Plan and Zoning By- Law 1276467 Ontario Limited to Permit Apartment and Townhouse Uses, Remove the Neighbourhood Park Symbol, and Permit Additional Commercial Parking For Lands Fronting Durham Highway 2 (Item 4 of Report #1) (Correspondence Item D - 8) e) Lois Neill - Illegal Dumping/Traffic Council Agenda - 2 - September 24, 2007 f) Angie Darlison - Council Support for Elder Persons Centre Grant Funding g) Richard Ward - Omissions in Compliance Audit of Mayor Jim Abernethy h) June Davies - Energy-From-Waste i) Shirley Crago - Energy-From-Waste j) Debra Jefferson - Energy-From-Waste k) Lee McHugh - Energy-From-Waste COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Agricultural Advisory Committee dated April 12, May 10 and June 14, 2007 I - 2 Minutes of the Ganaraska Region Conservation Authority dated July 19, 2007 I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee and the Agricultural Advisory Committee of Clarington dated August 22, 2007 I - 4 John R. O'Toole, MPP Durham - Lack of Provincial Funding for the Clarington Older Adult Association 1-5 Sheila Hall, Membership Services Manager, Clarington Board of Trade - Session with the Honourable Greg Sorbara, Minister of Finance 1-6 Martin de Rond, Director of Legislative & Information Services/Town Clerk, Town of Ajax - Heritage Property Tax Rebate By-law Receive for Direction D - 1 Peter S. Taylor, President, Durham Chapter of the Canadian Society of Training and Development - 'Learn to Work Week' D - 2 Shane Morris - Resignation from the Traffic Management Advisory Committee D - 3 Bettina Brown, Clarington Central Secondary School - Second Annual Terry Fox RunlWalk D - 4 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade - 46th Annual Santa Claus Parade Council Agenda - 3 - September 24, 2007 D - 5 Paul Taylor - "Mental Illness Awareness Week" D - 6 Dave Renaud, President, CAW Durham Environment Council - Energy-From-Waste D - 7 Roman Zydownyk - Application to amend the Official Plan and Zoning By-Law - Part Lot 34, Concession 2, former Township of Darlington, 15 and 43 Darlington Boulevard D - 8 Sheila Costanzi - Application to Amend the Official Plan and Zoning By-Law - Part Lot 34, Concession 2, former Township of Darlington, 15 and 43 Darlington Boulevard D - 9 Ann and Mike Buckley - Energy-From-Waste D - 10 Fraser and Cathryn Grant - Energy-From-Waste D - 11 Jean and Wallace McKnight - Energy-From-Waste D - 12 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) - Farmer's Parade of Lights D - 13 Denise Labelle-Gelinas, City Clerk, City of Cornwall - Cost of Provincially Mandated Programs D - 14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) - Farm Tax Rebate Program D - 15 Jason Skinner - Display and Auction of Commissioned Body of Art D - 16 Kerry Costello, Town Clerk, Town of Smith Falls - Reforms to the Assessment System MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of September 17, 2007 2. Report COD-050-07 - Newcastle Library Capital Project 3. Confidential Report of the Chief Administrative Officer and Director of Planning Services - Property Matter 4. Confidential Verbal Report of the Chief Administrative Officer - Personnel Matter Council Agenda - 4 - September 24,2007 5. Report FND-018-07 - 2008 Preliminary Budget Overview UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT CI_n Council Meeting Minutes September 10, 2007 Minutes of a regular meeting of Council held on September 10,2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor C. Trim Councillor W. Woo Councillor G. Robinson Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended. until 11 :33 p.m. Director of Community Services, J. Caruana, attended until 11 :33 p.m. Solicitor, D. Hefferon Manager of Operations, F. Horvath, attended until 11 :33 p.m. Manager of Special Projects, F. Langmaid Director of Corporate Services, M. Marano, attended until 11 :33 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11 :33 p.m. . Fire Chief, G. Weir, attended until 11 :33 p.m. Administrative Assistant to the Clerk, C. Fleming, attended until 11 :33 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST I I I I ) I Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegation of Jeffrey L. Rohr and Report #2. MINUTES Resolution #C-439-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a reoular meetino of Council held on July 30,2007, be approved. l Council Meeting Minutes - 2 - September 10, 2007 PRESENTATIONS Marion Manders, Referendum Resource Officer, Provincial Riding of Durham, addressed Council concerning Provincial Electoral Reform. Ms. Manders advised on October 10, 2007, all eligible voters in the Province of Ontario will be asked to participate in a Referendum in conjunction with the Ontario Provincial Election and will be asked to vote on which electoral system Ontario should use to elect members to the provincial legislature - the existing electoral system (First-Past-the-Post) or the alternative electoral system proposed by the Citizens' Assembly (Mixed Member Proportional). She highlighted both the current system and the proposal by the Citizens' Assembly, a group of randomly-selected Ontario voters established to study Ontario electoral reform, for a Mixed Member Proportional electoral system. Ms. Manders noted that if accepted, the Mixed Member Proportional electoral system would give Ontarians two votes in future elections: one for a 'Local Member' and one for a political party. Ms. Manders reviewed the percentage of votes required for the system to be adopted, the criteria under which a new government would be formed and referred citizens to the voter inquiry line 1-888-0NT -VOTE, referendum resource website at www.yourbiqdecision.ca and email at info@yourbiqdecision.ca for further information. DELEGATIONS Darlene Brown, Executive Director, Big Brothers and Sisters of Clarington, addressed Council to bring awareness to the Big Brothers and Sisters of Clarington's volunteer programs. Ms. Brown advised Big Brothers and Big Sisters of Clarington currently have 200 volunteers serving over 300 children in a wide variety of programs. She stated the success of their programs is due to their volunteers and stressed the importance of continuing and expanding their volunteer base. Ms. Brown reviewed the mentoring programs and dispelled myths associated with volunteering. She noted Big Brothers and Big Sisters' Month occurs in September and requested Council to proclaim September, 2007, as 'Big Brothers and Big Sisters' Month' in Clarington. Ms. Brown stated this year marks the 30th Anniversary of Big Brothers and Big Sisters' service to the community noting a Gala Event will be held on Saturday, November 17, 2007, at the Garnet B. Rickard Complex and requested the facility rental fee be waived for the celebration. In summary, Ms. Brown urged members of the public to consider becoming a mentor to enhance the life of a child who may be missing the presence of a caring adult. Council Meeting Minutes - 3 - September 10,2007 Resolution #C-440-07 Moved by Councillor Trim, seconded by Councillor Woo THAT James McKeever, Matthew Johnston, Dave Climenhage and Dan Spendick be added to the list of delegations and that the agenda be altered to allow Karen Buck to be the last speaker to address the EFW project. "CARRIED" Bernhart Roth addressed Council concerning Item 4 of Report #1 regarding applications submitted by the Durham Church Network for amendments to the Official Plan and Zoning By-Law to permit a place of worship, associated day care facilities, parking lot and playing fields. Mr. Roth stated he is opposed to the development as he feels the site is inappropriate and premature for development. He suggested the public notice for a church and a daycare was misleading as the proposed use will generate a great deal of activity seven days per week. Mr. Roth expressed concern with the tremendous impact on traffic, the protection of the adjoining ravine and watercourse, and the need to provide a proper buffer zone for the four adjoining property owners. In summary, Mr. Roth stated he feels the proposed use is inappropriate, does not conform to the Official Plan or Zoning By-law and is not a church use. He stated a church and some daycare activity could be workable and requested the matter be further considered and that additional consultations take place to develop a workable plan. Elio DelGobbo addressed Council concerning Item 4 of Report #1 regarding applications submitted by the Durham Church Network for amendments to the Official Plan and Zoning By-Law to permit a place of worship, associated day care facilities, parking lot and playing fields. Mr. DelGobbo stated he resides on Fices Road adjacent to the proposal and expressed concern with lack of privacy from the development. Mr. DelGobbo questioned whether a buffer would be constructed to address issues of noise and visibility and whether construction would affect his water supply or if any run-off contaminates would escape onto his property. He also expressed concern with the increased traffic associated with the proposal. Harold Larter was called but was not present. Mayor Abernethy stated a pecuniary interest with respect to the delegation of Jeffrey L. Rohr as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Council Meeting Minutes - 4 - September 10, 2007 Jeffrey Rohr thanked Council for providing him with the opportunity to present his findings stating, in the opinion of his firm, the campaign of Mayor Jim Abernethy is in compliance with the requirements of the Municipal Elections Act, 1996. There were no questions to Jeffrey Rohr. Mayor Abernethy resumed the Chair. Prior to hearing delegations concerning the Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment, Mayor Abernethy provided a brief history on the Energy-From-Waste issue and stressed the importance of receiving factual information for Council to make an informed decision on a long-term solution to the refuse problem which will be of benefit to the citizens of Clarington. Roger Anderson, Chair, Region of Durham addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1). Chair Anderson provided background information on the joint Residual Waste Planning Study being undertaken by the Regions of Durham and York to find a solution to manage residual solid waste remaining for disposal after diversion. He noted both municipalities have aspired to a local energy- from-waste solution and are working together to address the social, economic, and environmental concerns of residents through a full Environmental Assessment Study process. Chair Anderson stated Durham and York Regions are absolutely committed to diverting as much waste as possible from disposal; however, even with expanded diversion efforts, they continue to face the challenge of managing residual waste that cannot currently be diverted. Chair Anderson advised due to the closing of existing landfill sites in the Greater Toronto Area and the inability to develop new landfill capacity, Durham, along with other GTA municipalities entered into contracts for the export of their residential waste to a disposal facility in Michigan. He stated shipments of Municipal Solid Waste to Michigan will end by 2010. In addition to solving long- term, residual waste management issues, Durham and York recognize the growing need for additional sources of energy generation in Ontario and recognize that there is an opportunity associated with the utilization of the waste stream as a fuel source to produce energy and have identified this as a key benefit associated with the current waste disposal Environmental Assessment Study underway. Chair Anderson stated the various opportunities associated with the project have the potential to stimulate economic growth, through construction and jobs, both in the local community hosting the energy-from-waste facility and in the host Regional municipality. He stated the process is transparent, allows residents of both regions to participate and that under the guidelines for the Environmental Assessment, the best local solution for Durham will be develooed. Council Meeting Minutes - 5 - September 10, 2007 In response to questions concerning the closure of facilities in Europe, Chair Anderson stated plasma facilities only in Europe were being closed due to their age and were being replaced with newer models. He noted Europe is banning landfill and there were currently 50 new plants under construction. In response to questions concerning the impact on municipal taxes, Chair Anderson stated it would depend on what type of an agreement was signed with a willing or unwilling host and that tipping fees and revenue from heating would offset the debenture and capital costs. In response to a question concerning the difference between being a willing or unwilling host community, Chair Anderson replied it would have no effect with regard to the process, but hoped that Clarington would come to a decision after all information is available. In response to questions concerning a contingency plan, Chair Anderson advised work is being undertaken on an alternative landfill capacity in the short term following December 2010. Kerry Meydam addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) stressing the importance of considering the social costs associated with pollution from incineration facilities including global warming, acid rain, and the adverse impact on human health associated with air pollution emissions and the release of toxic substances to the environment. She acknowledged that no one wants landfill but feels that the assertion that incineration will eliminate landfill is false and is not a sustainable solution. Kerry Meydam stated she was here tonight to request Council to listen to alternatives that have been suggested by members of the public for several months and go back and reconsider all alternatives in a comprehensive way. She feels there is an opportunity to reduce the cost of waste disposal, to create additional jobs, to improve the quality of life and the reputation of the Region by developing a region-wide program of recycling and materials recovery. Ms. Meydam feels that too much time and energy has been invested in promoting incineration rather than working aggressively toward a more effective waste diversion strategy. Barry Bracken addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1). He stated those who have voiced their objection to incineration are also opposed to landfills but recognize that they are a necessary evil, to be used less and less as we strive toward their elimination. Mr. Bracken stated alternatives to incineration including aggressive diversion, extended producer responsibility, stabilized landfills, - - - L Council Meeting Minutes - 6 - September 10, 2007 shortcomings identified by the peer review and that the size of the facility be limited to dealing only with Durham's waste. Kristin Robinson addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) expressing concern that an Energy-From-Waste facility will be constructed regardless of the will of the people. She stated she is currently against the proposed incinerator for many reasons namely she believes that we can all do better than burning our waste. Ms. Robinson acknowledges that while there will always be some garbage, she feels that instead of concentrating time and money on an incinerator, we must get to the root of the problem by educating producers to create products that can be recycled and educating consumers about making smart decisions and sustainable choices. She expressed concern that in Brampton unsorted waste is fed into the incinerator 24 hours a day, 7 days a week with no monitoring of ultrafine particulates or nanoparticles and that hundreds of other emissions, including dioxins and furans are tested for only once a year as required by the Ministry of the Environment. She urged Council to request the Region to investigate other solutions as originally promised and reminded Council that an incinerator still needs landfill because of the hazardous ash it creates. Wendy Bracken advised prior to the meeting that she would not be speaking. Resolution #C-441-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:15 p.m. Wayne Ellis addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) expressing concern with the transparency of the process and requesting that interested parties be dealt with fairly and with respect when voicing their opinions to Council. He stated the majority of residents want Council to declare Clarington an unwilling host community noting through joint efforts, more citizens are becoming aware of what the term "enery-from-waste" means. Mr. Ellis stated he is not proposing old style landfill sites and has strong doubts that there won't be costs associated with an EFW facility as purported by the Regional Chair. Council Meeting Minutes - 7 - September 10,2007 Jaison Gibson addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1). Mr. Gibson stated he has yet to hear a sound positive attribute to this incinerator process other than it will generate a lot of money. He questioned the risk to human health in the long-term and felt society needs to look at how we live and to unite to come up with viable solutions that are both environmentally friendly and good for the economy. Mr. Gibson stated he is opposed to incineration and as a responsible parent, he must consider moving his children out of harm's way. Shirley Crago addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1). Ms. Crago indicated she takes exception to the suggestion that the public is not interested in the issue and recognized the importance of the work and the many hours put into research by the citizens group lobbying against the incinerator. She noted however, that the sound quality in the Council Chambers prevents meetings from being informative. She questioned why all facilities toured on the European trips were clients of the company that arranged the trips and why other types of disposal or increased recycling programs have not been investigated. Ms. Crago expressed concern with the human health risk associated with incineration and feels increased recycling efforts will be positive for the environment and will have a great impact for present and future generations. Alexandra Bennett was called but was not present. Katherine Miles addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) to discuss alternatives to incineration. Ms. Miles feels adopting a Zero Waste Strategy would be a very practical approach for both local authorities and activists as it recognizes the importance of recycling. She stated a Zero Waste Strategy combines community practices such as reuse, repair, recycling, toxic removal and composting with industrial practices such as eliminating toxics and redesigning packaging and products while creating local jobs and businesses and offering major corporations with a way of increasing their efficiency. Ms. Miles highlighted key policy steps required to launch a Zero Waste Program which she feels is superior to reliance on waste landfilling or incineration. Jim Richards was called but was not present. l Council Meeting Minutes - 8 - September 10, 2007 Linda Gasser addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) to ask Council to formally request the site-selection reports and evaluation criteria from the Region, and to request that the Regions alter their proposed EA timetable and site selection announcement to allow Clarington staff, the public and Council to fully consider and respond to withheld information to protect Clarington's interests. Ms. Gasser feels site selection should not have been separated from technology selection as they need to be fully assessed together to determine the project's safety. She also requested the Project Team to provide the site evaluation criteria in advance of the site selection announcement so that the rationale of why a particular site or sites were selected. Kathi Bracken was called but was not present. Cathrine McKeever addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1). Ms. McKeever stated not all members of the public feel Clarington should be declared an unwilling host and that they should not be considered as such. She stated incinerators are the least producers of dioxins and highlighted numerous other sources of emissions including the number of pesticides that are sprayed on crops. Ms. McKeever stated decreasing reliance on oil products and using natural products would go a long way to eliminating dioxins and PCB's. She presented Council with a package of reference material regarding landfill issues and new waste technologies. Paul Andre Larose was called but was not present. Don Wilkinson was called but was not present. Louis Bertrand was called but was not present. Resolution #C-442-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT James McKeever be heard following the remainder of the delegations. "CARRIED" Matthew Johnston addressed Council concerning the Minutes of Settlement for Rezoning and Draft Plan of Subdivision Applications submitted by First-Tech I\AArh::lnir::lI ~\Ic::tAmc:: Inr I\A~ri~ \^" IIr7\1n ~nrl PArr\/ f\1~nnar tn narmit marli.,m Council Meeting Minutes - 9 - September 10, 2007 Dave Climenhage addressed Council concerning the Update on the Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) advising Andrew Knox of the University of Western Ontario has completed an extensive review of Energy-From-Waste technology and encouraging anyone who wants further knowledge to read this report. Mr. Climenhage expressed concern that daily trucking of Durham's garbage to Michigan emits dioxins and furans and that a properly controlled Energy-From-Waste facility would generate less toxic emissions than one single diesel truck and is far less polluting that controlled landfill sites. He stated the option of waste reduction is one the public is committed to but noted it is a long-term process which will require many new strategies to achieve. Mr. Climenhage advised a state-of-the-art Energy-From-Waste facility would be far less polluting than landfill. He feels the critical issue is to ensure that the process selected achieves the highest technology with the lowest emission. Dan Spendick, Partner, R. M. Auctions, addressed Council advising his company has been contracted by Fosset Motors to auction their entire collection of classic autos at 1774 Concession Road 7 this weekend. Mr. Spendick stated in order to conduct the auction he requires the issuance of a building permit for a temporary tent structure. Mr. Spendick highlighted the economic benefits the auction will have on the local economy and advised they have addressed any potential traffic concerns by engaging the services of paid-duty officers and having police presence on the road. Mr. Spendick stated he is confident the event will generate positive results for the community and asked Council to approve the permit so the auction could proceed as planned. In response to questions, Mr. Spendick replied this is a one-time event as all cars are to be sold, that the neighbours have been canvassed and he is not aware of any concerns raised. James McKeever addressed Council concerning the Update on the Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) advising his family has practiced recycling for 35 years and that he has been attending open houses and seminars on garbage for approximately 5 years. Mr. McKeever feels much of what has been reported recently in newspapers and claims made with respect to diversion measures have been misrepresented. Mr. McKeever feels it is important that up-to-the-minute information is made available and that he supports an Energy-From-Waste Facility but will not support a landfill. Karen Buck was called but was not present. Council Meeting Minutes - 10- September 10, 2007 COMMUNICATIONS Resolution #C-443-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information, including Hand-out Correspondence Items I - 12 and I - 13, be approved, except Items 1-8 and I - 9. I - 1 A01.CL 1-2 A01.CE 1-3 A01.NE 1-4 A01.GE M07.GE 1-5 E07.EN 1-6 AO 1.AM "CARRIED" Minutes of the Clarington Heritage Committee dated June 19, 2007. Minutes of the Central Lake Ontario Conservation Authority dated July 17, 2007. Minutes of the Newcastle Community Hall Board dated May 15, 2007. Bonnie Gagne, Executive Director, Durham Family Court Clinic, forwarding their Annual Report, reflecting the agency's mission and purpose and providing a reflection of the past fiscal year, and forwarding a copy of their "You" Newsletter, providing important updates and information regarding new and expanded services of the organization. Robert L. Stevens expressing support for an Energy From Waste facility. As one of the silent majority, he can't wait for incineration of our garbage to happen and questions the building of mountains of landfill garbage when the technology is available to get some return from our refuse. Mr. Stevens is also embarrassed as a Canadian, that with all our land mass and small population (5 people per sq. mile) that we have resorted to sending our garbage to the U.S.A. in view of the harm 100 trucks cause to the environment traveling from Clarington to Michigan each day. Association of Municipalities of Ontario (AMO) Member Communication dated July 24,2007, advising of the Municipal Energy Conservation Template developed to aid municipalities in assessing energy usage and conservation strategies to reduce Council Meeting Minutes 1-7 T.06.GE 1-10 T05.HI 1-11 M02.GE 1-12 E07.EN - 11 - September 10, 2007 Raymond Mantha, P.Eng., Executive Director, Ministry of Transportation, advising that full inspections of all steel deck truss bridges on the provincial highway system has been ordered as a precaution by the Ministry, in light of the recent collapse of the Interstate 35W Bridge over the Mississippi River in Minnesota; and, encouraging municipalities with steel deck truss bridges to complete these inspections as well. Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc., forwarding copies of the Transportation Environmental Study Report (TESR) for the Highway 35 Four-Lane Planning and Preliminary Design Study and the Highway 35/Highway 7 A Connection Study to be made available for public review from September 7 to October 22, 2007, and advising a "Notice of Submission of the Transportation Environmental Study Report" will be placed in the Canadian Statesman on September 5,2007, indicating interested persons may provide written comments to the Ministry of Transportation during the 45-day review period. The TESR can also be downloaded from the project website at http://hiqhway35.planninqstudy .on. ca. J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding information on CLOCA's 2007 Watershed Awards to recognize environmental contributions made by the community towards the stewardship and enhancement of the watersheds and seeking nomination suggestions for contributions made by individuals, community groups and businesses/corporations. The deadline for submission is September 17, 2007. Doug Hartford advising he has been following the ongoing discussion regarding garbage disposal and has travelled to several European countries and has found in discussion regarding the subject - they were very proud of their facilities - sorting - incineration to energy and recycling by-products. His only concern with the proposed program with York is that it be located very close to the 400 series of highways or a rail siding, or both. He feels that with careful thought and planning, and state of the art equipment, this has to be a better way than hauling all this tonnage 6 - 7 hours to a landfill. Council Meeting Minutes 1-13 E07.EN 1-8 AO 1.AM - 12 - September 10, 2007 Glenda Gies - forwarding her comments on the Durham/York Residual Waste Environmental Assessment. Her comments address areas of quantity and quality of residual waste stream, the site selection process, residents' role in the EA Process and additional peer review. Betteanne M. Cadman, CMO, President, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) announcing the launch of AMCTO's new membership service recognition program designed to acknowledge member's longstanding commitment to the Association and to the municipal profession; and, recognizing the following individual members of Clarington's staff for their ongoing support of the Association: Patti L. Barrie, CMO Marie A. Marano, AMCT Linda Bruce, AMCT Jennifer Cooke, AMCT Nancy Taylor Maureen Wiles-Frost, AMCT Cindy Fleming, AMCT C. Anne Greentree, CMO Wendy Chandler 20 year award 20 year award 10 year award 10 year award 10 year award 10 year award 10 year award 10 year award 10 year award Resolution #C-444-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item 1-8 be received for information. 1-9 A01.AM "CARRIED" Association of Municipalities of Ontario Member Communication (AMO) dated August 29,2007, advising of the amendments to regulations under the Ontario Works Act and Ontario Disability Support Program (ODSP) Act to implement the upload of Ontario Drug Benefit costs associated with both programs effective January 1, 2008, and the phased implementation of the upload of ODSP administration and benefits by 2001, as part of the ongoing Provincial-Municipal Fiscal and Service Delivery Review. Council Meeting Minutes - 13 - September 10, 2007 Resolution #C-445-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 9 be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-446-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda with the exception of Items D - 11 to D - 16, inclusive. D-1 M02.GE D-2 M02.GE D-3 T08.GE "CARR I ED" Jane Black, Secretary, Newcastle Business Improvement Area, requesting the closure of King Avenue from Baldwin Street to Beaver Street from 1 :00 p.m. on Friday, October 5, 2007, and all day Saturday, October 6,2007, for the Annual Newcastle Fall Festival. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Karyn Kennedy, Executive Director, Boost: Child Abuse Prevention & Intervention (formerly Toronto Child Abuse Centre) advising of the 3rd Annual "Go Purple for Prevention! Campaign" to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth; and, requesting Council to proclaim October as "Child Abuse & Neglect Prevention Month" and October 1, 2007, as "Go Purple for Prevention Day" in Clarington. (Proclaimed) John Colville, submitting a petition from area residents requesting a reduction of the speed limit on Baseline Road, west of Westside f""\_:.._ 4._ LJ_U. r:l__...J ..._ c:.n 1,---. __.. L.-.._.... __,..I 4-&....._ ___1:__"':__ _of _ "D__,...I Council Meeting Minutes - 14 - September 10, 2007 D-4 D.14 D-5 P01.GE D-6 C12.PR D-7 P11.GE M02.GE D-S M02.GE Terrance J. DeYoung, expressing concern with proposed development of properties abutting Highway 2 and along Darlington Boulevard and citing several problematic issues regarding traffic, parking, decreased property values, loss of neighbourhood aesthetics, and increased crime rates should the construction of a multi-storey apartment building be approved for development. (Correspondence referred to the Director of Planning Services) Residents of Varcoe Road, Dale Park Drive and Bridle Court submitting a petition requesting the installation of "No Parking" restrictions on Varcoe Road, Dale Park Drive and Bridle Court or alternatively provide a reduction in property taxes to residential properties affected by the parking issues resulting from the Courtice Health Centre's implementation of a pay for parking system. (Correspondence referred to the Director of Engineering Services) Douglas Browning tendering his resignation from the Property Standards Committee as he is no longer a resident of Clarington. (Correspondence received with regret, and referred to the Municipal Clerk) Jaki MacKinnon, Executive Director, Bethesda House, requesting permission to host the 3rd Annual "Clarington Take Back the Night Walk", an international event for women to "reclaim" the streets after dark, to be held on September 1S, 2007, from 6:00 p.m. to 9:00 p.m.; enclosing a map of the route; and, advising liability insurance has been arranged. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trust, inviting Council to participate in the 2007 Young Heritage Leaders Program by submitting up to three nominations, one in each of the heritage areas - built, cultural and natural, to acknowledge young volunteers for their significant contributions to heritage conservation; enclosing information on the program; and, t:>n{Y\llr~ninn ('{"\Ilnf"il tf"l \A1f"1rk \A1ith 1f"lf"~1 ht:>rit~nt:> f"lrn~ni7~tif"lnc ~nrl Council Meeting Minutes - 15 - September 10, 2007 D-9 M02.GE D -10 M02.GE D -11 C10.GE Sid Ryan, President, CUPE Ontario, and Shellie Bird, President, Ontario Coalition for Better Child Care (OCBCC), requesting that October 24,2007, be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community. (Proclaimed) John Johnson, Poppy Chairman, Royal Canadian Legion Branch 178, requesting to add the word "Peacekeepers" onto the Bowmanville Cenotaph and to inscribe Trooper Darryl Caswell's name beneath the Peacekeepers dedication; and, proposing an official dedication of the Bowmanville Cenotaph be considered for next year. (Correspondence referred to the Director of Operations) K. Kerr, Head of Council, Tay Valley Township, advising Council that on July 10, 2007, the Township of Tay Valley passed the . following resolution pertaining to Surface-Rights Only Properties and Mining Rights: "WHEREAS Ontario's municipal governments recognize the importance of Ontario's mining sector to the Ontario economy and to the economies of mining communities; and WHEREAS Canadian law has traditionally recognized as a fundamental freedom, the right of the individual to the enjoyment of property, a right not to be deprived thereof; and WHEREAS the Mining Act of Ontario recognizes separate mining and surface rights on many private lands, bringing about a state of affairs where there may be two owners to one property; and WHEREAS mining activities on these properties have frequently resulted in property damage, environmental degradation, and unmapped mining hazards, disturbing residents' quiet enjoyment of the land and risking public health and safety; and WHEREAS mining activities, prior to advanced exploration, are not subject to any municipal authority, conservation authority, .. . . Council Meeting Minutes - 16 - September 10, 2007 WHEREAS municipal governments in regions with an abundance of surface-rights only (SRO) properties have previously called on the Ministry of Northern Development and Mines to reunite surface and mining rights on SRO properties to resolve the situation; and WHEREAS many of these properties are on residential, cottage, recreational lands and some in areas of Environmental, Cultural and Heritage significance where mining is incompatible with established land use practice; and WHEREAS the Mining Act provides for Ministerial discretion and the ability to cancel or annul the forfeiture of any lands or mining rights under the Act; NOW THEREFORE BE IT RESOLVED THAT in support of AMO's position, Tay Valley Township petition the Premier and the Minister of Northern Development and Mines to reunite surface and mining rights on SRO properties when requested by the SRO property owner or the municipality in order to effectively resolve this issue." Resolution #C-44 7 -07 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 11 be received for information. "CARRI ED" D -12 C10.GE Municipality of West Grey advising Council that on August 8, 2007, the Municipality of West Grey passed the following resolution pertaining to amendments to the Ontario Building Code Act, 1992: "WHEREAS, section 36(8) of the Ontario Building Code Act, 1992, as amended, states that "No proceeding under this section shall be commenced more than one year after the time when the subject- matter of the proceeding arose"; AND WHEREAS, the effect of this clause is to restrict the ability of a municipality to take appropriate legal action in circumstances where buildings and structures have been placed on municipal properties without first having obtained building permits for same; Council Meeting Minutes - 17 - September 10, 2007 AND FURTHER THAT, a letter be forwarded to the Minister of Municipal Affairs; Ministry of Municipal Affairs, Building & Development Branch; Ontario Building Officials Association (OBOA); and to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario." Resolution #C-448-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 12 be received for information. "CARRI ED" D-13 L 11.GE Jo-Anne McFarland, Secretary, Durham-York-Victoria Landowners Association, requesting Council to seek written clarification from Durham Regional Council that the Region's interpretation and implementation of the Source Water Protection Act will not include the metering of private residential wells now or at any time in the future. Resolution #C-449-07 Moved by Councillor Novak, seconded by Councillor Woo THAT the request from the Durham-York-Victoria Landowners Association requesting Council to seek written clarification from Durham Regional Council on the Region's interpretation and implementation of the Source Water Protection Act concerning private residential wells be endorsed 'in principle'. "CARRI ED" D - 14 R05.GE Jason King, Alcatraz Skates, submitting a proposal to name the new skateboard park being constructed at the Courtice Community Centre after Rob Piontek, a young skateboard enthusiast and Skateboard Park Counsellor for Clarington, who died tragically on August 19, 2007. Council Meeting Minutes - 18 - September 10, 2007 Resolution #C-450-07 Moved by Councillor Hooper, seconded by Councillor Woo THAT the request from Jason King, Alcatraz Skates to name the new skateboard park at the Courtice Community Centre after Rob Piontek be referred to staff for consideration in accordance with the Naming of Municipal Buildings/Facilities Policy. "CARRIED" D - 15 M02.GE Brian Jones requesting the municipality to plan to celebrate "National Flag Day", proclaimed in 1996 as February 15th, and to co-ordinate with other levels of government to make Canadian flags available to citizens to collectively keep the spirit of the nation. Resolution #C-451-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the request from Brian Jones concerning the celebration of 'National Flag Day' and the supply of Canadian Flags be approved. "MOTION WITHDRAWN" Resolution #C-452-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the request from Brian Jones concerning the celebration of 'National Flag Day' and the supply of Canadian Flags be received for information and referred to the Municipality's Provincial and Federal Members of Parliament. "CARRIED" D - 16 C10.GE Corporation of the Township of Tyendinaga advising Council that on August 13, 2007, the Township of Tyendinaga passed the following resolution pertaining to land claim negotiations: "WHEREAS aboriginal Land Claims in Ontario are encompassing many municipalities and there is no mechanism to leGallv Drotect Council Meeting Minutes - 19 - September 10, 2007 WHEREAS the Mohawks of the Bay of Quinte initiated a Land Claim known commonly as the Culbertson Tract in 1995 AND WHEREAS the Culbertson Claim is for approximately 827 acres within the Town of Deseronto and the Township of Tyendinaga AND WHEREAS the Federal Government reviewed the Claim and accepted it for negotiation in 2003 AND WHEREAS negotiations began in 2004 AND WHEREAS the Government of Ontario is our primary partner in regards to municipal affairs AND WHEREAS the Government of Ontario has been invited to, but has declined to sit at the negotiating table AND WHEREAS the Municipality of the Township of Tyendinaga has not been invited to sit at the negotiating table THEREFORE BE IT RESOLVED that negotiations be stayed until the Township of Tyendinaga is granted a place at the negotiating table as the property being discussed is partly within the municipal boundaries BE IT FURTHER RESOLVED that negotiations be stayed until the Government of Ontario comes to the negotiating table and begins to take an active role in protecting the municipal interest BE IT FURTHER RESOLVED that municipal interests in these matters are given concrete legal standing within the Government of Canada's land claim framework BE IT FINALLY RESOLVED this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all upper and lower tier municipalities in Ontario, the Minister of Indian and Northern Affairs Canada, the critic for Indian and Northern Affairs Canada, the Member of Parliament, the Ontario Minister of Aboriginal Affairs, the Member of Provincial Parliament, and the Premier of Ontario seeking support of this resolution." Council Meeting Minutes - 20- September 10, 2007 Resolution #C-453-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 16 be received for information. "CARRI ED" MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report September 4, 2007 Resolution #C-454-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 4, 2007, be approved, with the exception of Item #6. "CARRI ED" Item # 6 Resolution #C-455-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-097-07 be received; THAT Section 3.3 and Attachments 6 and SA to Report PSD-097 -97 be approved as the Municipality of Clarington's comments, to date, for the Site Selection segment of the EA process; THAT Section 3.4 and Attachments 7 and SB to Report PSD-097 -97 be approved as the Municipality of Clarington's comments, to date, on the Generic Human Health and Ecological Risk Assessment, a component of the EA process; Council Meeting Minutes - 21 - September 10, 2007 THAT Clarington request that the Region provide the other reports; including the Traffic Impact Analysis, Archeological Assessment, Air and Groundwater Monitoring, Environmental Impact Study; Land Use, Infrastructure and Servicing Assessments; with sufficient time given to the Municipality and others to review and comment, prior to completing their analysis and selecting a preferred site; THAT a copy of Report PSD-097 -97 be forwarded to the Region of Durham, the Region of York and Ministry of Environment; and THAT all interested parties, including the Regions of York and Durham, and the Joint Waste Management Committee, be notified of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #C-456-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 5 as follows: 'THAT The Regional Municipalities of Durham and York be requested to withhold making a decision on the site of the Energy-from-Waste facility until the thermal technology is known.' "MOTION LOST" Resolution #C-457 -07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 5 as follows: 'THAT the Region of Durham be requested to provide to the Municipality of Clarington written confirmation of the minimum guaranteed operating standard for emissions and that a 24/7 emissions monitoring systems is to be required in the RFP.' Council Meeting Minutes - 22 - September 10, 2007 Resolution #C-458-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 6 as follows: 'THAT a representative of Clarington doctors be invited to participate in any possible host community arrangements with respect to emissions controls and health concerns, subsequent to the preferred site being identified.' "MOTION LOST" Resolution #C-455-07 was then put to a vote and "CARRIED AS AMENDED". Mayor Abernethy stated a pecuniary interest with respect to Report #2 as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. . I Councillor Trim chaired the remainder of the meeting. Report #2 - Report CLD-030-07 - Compliance Audit - Mayor Abernethy Resolution #C-459-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-030-07 be received; and THAT staff be directed to recover the cost of the compliance audit of the election financial returns of Mayor Jim Abernethy from the applicant. "CARRIED" Report #3 - Report COD-047-07 - CL2007-40, Asphalt Resurfacing - Contract 2 - Various Streets, 2007 - Mill Street Grade Separation Resolution #C-460-07 Moved by Mayor Abernethy, seconded by Councillor Novak Council Meeting Minutes - 23- September 10, 2007 THAT Lafarge Paving and Construction Ltd., Oshawa, Ontario with a total bid in the amount of $1,085,252.45 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007 -40 be awarded the contract for the Asphalt Resurfacing - Contract 2, Various Streets, 2007 and Phase 1 of the Mill Street Grade Separation Project as required by the Engineering Department; THAT funds required in the amount of $1,293,000.00 (which includes $1,085,252.45 tendering, consulting and contingencies) be drawn from Engineering Capital Accounts #110-32-330-83212-7401 in the amount of $552,000.00 and #110-32-330-83263-7401 in the amount of $771,000.00; and THAT the By-law attached to Report COD-047-40 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Report #4 - Confidential Verbal Report of the Solicitor - Property Matter Resolution #C-461-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report #4 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Report #5 - Confidential Verbal Report of the Solicitor Resolution #C-462-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report #5 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARR I ED" I I l Council Meeting Minutes - 24- September 10, 2007 UNFINISHED BUSINESS Resolution #C-463-07 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the delegation of Darlene Brown, Executive Director, Big Brothers & Big Sisters of Clarington be received for information. "MOTION WITHDRAWN" Resolution #C-464-07 Moved by Councillor Woo, seconded by Councillor Hooper THAT September, 2007 be proclaimed "Big Brothers & Big Sisters" Month and advertised in accordance with Municipal Policy. "CARRIED" Resolution #C-465-07 Moved by Mayor Abernethy, seconded by Councillor Foster THAT the request of Darlene Brown to waive the rental fee of the Garnet B. Rickard Recreation Complex be received with thanks. "CARRIED" Resolution #C-466-07 Moved by Councillor Novak, seconded by Mayor Abernethy THAT an application for a Special Events Permit be processed for Dan Spendick, RM Auctions, to allow for the classic car auction to be held September 14, 15 and 16, 2007, with the 30-day application submission deadline being waived. "CARRIED" Council Meeting Minutes - 25- September 10, 2007 OTHER BUSINESS Resolution #C-467 -07 Moved by Councillor Novak, seconded by Councillor Foster THAT Jack Julicher be appointed to the Property Standards Committee for a term concurrent with the term of Council; and THAT all applicants be advised of Council's decision. "CARRIED" Councillor Foster advised of the Beef Barbeque being held at the Zion United Church on Saturday, September 15,2007. Councillor Woo congratulated the Director of Operations and staff for receiving the Gold Award in the 2007 Canadian National Exhibition's Garden Display. Councillor Trim advised there will be a collection of household hazardous waste on Saturday, September 15, 2007 at the Bowmanville Animal Shelter, 33 Lake Road, from 9:00 a.m. to 12:00 noon. Resolution #C-468-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the meeting be "closed" in order to consider Reports #4 and #5. "CARRIED" Resolution #C-469-07 Moved by Councillor Hooper, seconded by Councillor Woo THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" l Council Meeting Minutes - 26- September 10, 2007 BY -LAWS Resolution #C-470-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-184 to 2007-189, inclusive, and that the said by-laws be now read a first and second time. "CARRIED" 2007-184 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Hybridyne Power System Canada) 2007 -185 Being a by-law to authorize entering into of Minutes of Settlement between First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper and the Corporation of the Municipality of Clarington to resolve an appeal to the Ontario Municipal Board regarding conditions of approval of draft Plan of Subdivision S-C-2001-002, rezoning application ZBA 2001-016, and conditions of consent to convey LD 158/2000 (First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper) 2007-186 Being a by-law to authorize entering into of Minutes of Settlement between Headgate Developments Inc. and the Corporation of the Municipality of Clarington to resolve an appeal to the Ontario Municipal Board regarding amended conditions of approval of draft Plan of Subdivision 18T-89044 (Headgate Developments Inc.) 2007 -187 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dave Boyle Excavating Limited, Bowmanville, Ontario, to enter into an agreement for the Stevens Road Culvert Construction & Stream Alignment 2007 -188 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Lafarge Paving and Construction Ltd., Oshawa, Ontario for the Asphalt Resurfacing - Contract 2, Various Streets, 2007 and Phase 1 of the Mill Street Grade Separation Project Council Meeting Minutes - 27 - September 10, 2007 Resolution #C-471-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-184 to 2007-189, inclusive, be approved. "CARRI ED" Mayor Abernethy a stated pecuniary interest earlier in the meeting and refrained from voting on the confirming by-law. CONFIRMING BY -LAW Resolution #C-472-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-190, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 10th day of September, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-473-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-190 be approved. "CARRIED" ADJOURNMENT Resolution #C-4 74-07 "f"^DDICn" I ~ I l Moved by Mayor Abernethy, seconded by Councillor Novak THAT the meeting adjourn at 11 :59 p.m. SUMMARY OF CORRESPONDENCE SEPTEMBER 24, 2007 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Agricultural Advisory Committee dated April 12, May 10 and June 14,2007. (Copy attached) I - 2 Minutes of the Ganaraska Region Conservation Authority dated . July 19, 2007. (Copy attached) I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee and the Agricultural Advisory Committee of Clarington dated August 22,2007. (Copy attached) I - 4 John R. O'Toole, MPP Durham, expressing his disappointment over the lack of provincial funding for the Clarington Older Adult Association under the Provincial government's recent announcement of increased support for Elderly Persons Centres; commending the Association for providing activities and events to help older persons remain active and engaged in the community; and, suggesting Council follow up with the Minister to ensure the Association is. given consideration in the current round of provincial funding. I - 5 Sheila Hall, Membership Services Manager, Clarington Board of Trade, thanking Mayor Abernethy for participating in the in camera session with the Honourable Greg Sorbara, Minister of Finance on August 30, 2007, providing representatives from all sectors and geographic areas of Clarington with the opportunity to discuss several topics of importance to the business community with the Minister and to raise the community's voice and presence to one of the most senior positions in the Provincial government. 1-6 Martin de Rond, Director of Legislative & Information Services/Town Clerk, Town of Ajax forwarding a copy of the Town of Ajax's Heritage Property Tax Rebate By-law and advising the Town of Ajax is requesting the Region of Durham to revisit the matter of adopting it's own heritage property tax rebate by-law in order that worthy properties throughout the Region may receive financial consideration to assist in the preservation of heritage assets. I .. Summary of Correspondence -2- September 24, 2007 CORRESPONDENCE FOR DIRECTION D - 1 Peter S. Taylor, President, Durham Chapter of the Canadian Society of Training and Development, a national not-for-profit membership association serving the field of workplace learning and performance, requesting September 24 to 28, 2007, be proclaimed 'Learn to Work Week' in Clarington in recognition of the importance of workplace learning and performance to key stakeholders and the public-at-Iarge. (Motion to Proclaim) D - 2 Shane Morris tendering his resignation from the Traffic Management Advisory Committee as he is no longer a resident of Clarington. (Motion to receive the correspondence with regret, and refer correspondence to the Municipal Clerk) D - 3 Bettina Brown, Clarington Central Secondary School advising of the second Annual Terry Fox Run/Walk to be held on September 28, 2007, from 8:30 a.m. until 11 :30 a.m., forwarding a copy of the proposed route and insurance policy and requesting Council's support in processing the application for this special community event. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade, requesting permission to hold the 46th Annual Santa Claus Parade on Saturday, November 17, 2007, starting at 10:30 a.m., highlighting the parade route and requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Paul Taylor requesting September 30 to October 6,2007, be proclaimed "Mental Illness Awareness Week" in an effort to reduce the stigma of mental illness. (Motion to Proclaim) Summary of Correspondence -3- September 24, 2007 D - 6 Dave Renaud, President, CAW Durham Environment Council forwarding two documents - "The Lethal Consequences of Breathing Fire" and "Incineration: Not Safe, Not Sensible - The Facts and Issues" and requesting Members of Council consider the documents as part of their due diligence and to look objectively at the potential effects of incineration on local human health, the environment and economics prior to making a decision regarding the proposed Energy- From-Waste or Incinerator facility. (Motion to refer correspondence to the Director of Planning Services) D - 7 Roman Zydownyk expressing concern with the application submitted by 1276467 Ontario Limited to amend the Official Plan and Zoning By-Law to permit apartment and townhouse uses, remove the neighbourhood park symbol, and permit additional commercial parking for lands fronting Durham Highway 2 due to traffic and safety related issues, environmental, economic and social impacts on the local environment, availability of municipal services and impact on the tax base and advising of a petition signed by over 100 residents of the impacted neighbourhood who are united against the proposed land changes to valued greenspace. (Motion to refer correspondence to the Director of Planning Services) D - 8 Sheila Costanzi expressing opposition to the development application submitted by 1276467 Ontario Limited to amend the Official Plan and Zoning By-Law to permit apartment and townhouse uses, remove the neighbourhood park symbol, and permit additional commercial parking for lands fronting Durham Highway 2. Ms. Costanzi's objections include impacts on traffic, strain on emergency services, overall aesthetics and compatibility with the surrounding neighbourhood, increased vandalism and property damage and the inconvenience of additional major construction projects within the Darlington neighbourhood. (Motion to refer correspondence to the Director of Planning Services) D-9 Ann and Mike Buckley outlining the effects of pollution in the air and on our water supply; expressing concern with the human health risk and environmental impacts a proposed incinerator will have on present and future generations; requesting the promise of a safe waste disposal system with no impact on public health and the environment be kept; and urging Council to vote "No" to an incinerator and "Yes" to an alternative way of recycling, reducing and reusing. L Summary of Correspondence -4- September 24, 2007 D - 10 D - 11 D - 12 D - 13 Fraser and Cathryn Grant expressing concern a proposed incinerator may be constructed near their parents' farm devaluing their land and eroding their ability to retire comfortably, expressing concern with the added impact a garbage incinerator will have on human health and the environment, and, requesting Council to efficiently research a more positive and healthy system to deal with waste disposal as they feel an incinerator is not the solution to the problem. (Motion to refer correspondence to the Director of Planning Services) Jean and Wallace McKnight expressing concern that a proposed incinerator may be constructed next to their property, that it will have an effect on visitors to Darlington Provincial Park, will create traffic issues and suggesting that if an incinerator does not meet the promise of a safe waste disposal system with no impact on the public health and environment it should not be constructed. (Motion to refer correspondence to the Director of Planning Services) Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) requesting Council's support of the Farmer's Parade of Lights to be held on Wednesday, December 5,2007. The AACC became the municipal sponsor of the event in 2006 to facilitate the necessary permits, police assistance, publicity and insurance coverage and have made application to the Engineering Services Department for the necessary road closures. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Denise Labelle-Gelinas, City Clerk, City of Cornwall, advising Council that on August 13, 2007, the City of Cornwall passed the following resolution pertaining to the cost of downloading provincially mandated programs: "WHEREAS, when 20% of the cost of programs such as Social Assistance, ODSP, Ontario Drug Benefits, child care services and facilities were downloaded from the Province and where Municipalities were informed that the process was supposed to be revenue-neutral, and which has not been to date; and WHEREAS as provincially mandated programs, these should be provincially funded programs not municipally funded by taxes. Summary of Correspondence -5- September 24, 2007 NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall request the Province of Ontario to assume 100% of the Court Security costs; and NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall further request the Province of Ontario re-assume 100% of the cost of all provincially mandated programs such as Social Assistance, ODSP, Ontario Drug benefits, child care services and facilities; and BE IT FURTHER RESOLVED THAT this Resolution be sent to our local M.P.P., Mr. Jim Brownell, A.M.O., AMCTO, and all municipalities in Ontario for Support." (Motion for Direction) D - 14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) advising Council that on August 30,2007, the AACC endorsed the following resolution of the United Counties of Stormont, Dundas and Glengarry pertaining to the Farm Tax Rebate Program as referred to the AACC by Council on July 30, 2007: "WHEREAS the Farm Tax Rebate Program was previously fully financed by the Ministry of Agriculture, Food and Rural Affairs of the Province of Ontario; AND WHEREAS the Farm Tax Rebate Program is not a local public service but provides lower-cost foods across the Province, as well as the economic benefit of Provincial exporting, and is truly an income- redistributive program with Province-wide significance; AND WHEREAS Rural areas do not have access to the lucrative commercial and industrial assessment and are being further penalized by being forced to absorb the loss of 75% of the taxation revenue on their farmland and managed forest properties; AND WHEREAS the Ontario Municipal Partnership Fund (OMPF) provides some municipalities with a fraction of their lost property taxation, leaving municipalities absorbing the majority of the cost of the farm tax rebate program; AND WHEREAS the lost revenue to the municipalities is being absorbed by all properties within the individual municipality, increasing local tax rates and resulting in the local community (including farmlands and managed forest properties) paying for their own farm tax rebate program; Summary of Correspondence -6- September 24, 2007 AND WHEREAS the Province's battle with the Federal Government for proper financial arrangements was highlighted by the phrase "It's time for fairness for all Canadians"; Rural Ontarians are asking for the same fairness; AND WHEREAS removing the Farmland and Managed Forest Component from the Ontario Municipal Partnership Fund and establishing it as a separate program would be more appropriate since funding would be fair, easily calculated and would not be impacted by other components of the current OMPF calculations; and THEREFORE BE IT RESOLVED that the Province of Ontario be requested to separate the Farmland and Managed Forest component from the Ontario Municipal Partnership Fund; and, establish a separate and distinct Provincial funding program with 100% reimbursement to municipalities of their annual lost property tax revenue on farmland and managed forest properties. AND FURTHER that this resolution be forwarded to the Minister of Finance, Minister of Agriculture, Food and Rural Affairs, Minister of Municipal Affairs and Housing, local MPPs, Eastern Ontario Wardens' Caucus, all Ontario municipalities and any other individual or association as deemed appropriate." (Motion for Direction) D - 15 Jason Skinner requesting his commissioned body of art, which required the donation of a pair of Council Members "unmentionables", be put on display at the Municipal Administrative Centre for the period leading up to the Annual Apple Festival following which an auction be arranged with proceeds of the sale of the art to support another community event involving the arts. (Motion for Direction - NOTE - The Visual Art Centre's display location in the MAC is completely booked for the remainder of 2007) D - 16 Kerry Costello, Town Clerk, Town of Smith Falls, advising Council that on September 17, 2007, the Town of Smith Falls passed the following resolution pertaining to reforms of the assessment system: "WHEREAS the Province announced certain reforms of the assessment system during the current re-assessment freeze; AND WHEREAS these reforms did not include a re-vamping of the Summary of Correspondence -7- September 24, 2007 AND WHEREAS it has recently been reported that the intent may be to apply the current commercial/industrial/multi-residential capping system to residential rate payers when the freeze is over; AND WHEREAS it is commonly recognized that the capping system has numerous flaws that result in numerous unfair situations; AND WHEREAS applying the capping to residential rate payers may benefit those whose assessment has increased dramatically it could potentially have a detrimental effect on a far larger number of rate payers if it forces Council to raise the municipal tax rate which affects everyone, not just those whose assessment has increased. NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Smiths Falls urges the Association of Municipalities of Ontario to take a much more active role in this situation and exhort the Province to re-vamp the property tax system in a fair and equitable manner. AND FURTHER THAT this resolution be sent to the Association of Municipalities of Ontario for circulation to all Ontario municipalities, the Premier of Ontario, the Minister of Finance, the Minister of Municipal Affairs and Housing and M.P.P. Norm Sterling. (Motion for Direction) l I-I CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, APRIL 12,2007 MEMBERS PRESENT: Tom Barrie Gary Jeffery Ted Watson Mark Bragg Eric Bowman Brenda Metcalf Henk Mulders Mary Ann Found Ross McMaster Marlen~ Werry CouncillorOord Robinson Jennifer Knox "'. OrvJin Bandstra STAFF: Faye Langmaid Susan Hajnik Dl$Ji~UT!0t4 i GLEf{f\ l.'l:!.""".....>..".~"'-....:-l liCK. ~ ~._....,.r.,' ,'. "_ _, -~. .'_ , , . ' ~n:,~- r., --. ,~.j ~!-c~.~-~..'c.~~L._.._...~~~..~~.=.-~i -... -~.-- ._~..t-._,-"'---~ I I 1-~.~..~._--=-_.~~~=~=\=--===1 I~...'"..__.~~_._." l.-~----! I ; I C~.~~:.:~=~:.:,.=~=~~..~J=~_~~~_._J I : i ~ ...",.. ....,..,., ....~,-_. ,..,.. ."_.>~.-._..,..~ .......~-i _-",",,~.'-r.___...___~,..; ::',"~n'A~(i'et---.. ._.;tf.....~~~;..:;;.~~~j~.~~" . ABSENT: Donald Rickard Chair called the meeting to order at 7:30 p.m. Adoption of Aqenda 07 -08 Moved by Ross McMaster, seconded by GaiyJeffery 'That the Agenda for April 12, 2007 be adopted" . CARRIED.. Approval of Minutes , , 07 -09 Moved by Mary-Ann Found, seconded by Orwin Bandstra "That the minutes orthe March 8, 2007 meeting be appr~~f!.d." CARRIED Introduction of Guests: Mike Porporo and Tony Brull from MPAC to speak on the procedure for farm assessments. Rick Pigeon, Chief Building Official for the Municipality of Clarington to speak on building permits process. Presentation bv Tonv Brull- MPAC Assessing Farmland Properties Farmland values in Ontario are determined by extensive analysis, using only farmer-to-farmer sales as legislated by section 19(5) of the Assessment Act. Farm values are based on the land's productive capability and location. The value of a farm is not based on the land's potential use (e.g., development). Properties that are farmed by the owner and/or tenant are valued using rates based on bona fide farmer-to-farmer sales. The primary factors used in determining a farm's current value assessment are . Farmland - Farmland is assessed according to its productivity value, that is, the ability of the land to produce crops and/or maintain livestock. Productivity rates are established by considering such factors as soil texture, topography, drainage and depth to bedrock . Residence The value of the residential structure is determined by establishing a replacement cost of the improvement(s) less any depreciation . Residence Site If a farm residence is occupied by the person(s) farming the property, a one-acre parcel of land is valued at the farmland rate. If the residence is occupied by someone other than the person(s) farming the property, it is considered a non-farm residence and valued and classed at the residential rate. . Farm Outbuildings A farm outbuilding is any improvement, other than a residence, that is used for farming operations. Outbuildings are valued based on their design and classified by their use. Cold storage buildings on the farm are classified as agricultural, but buildings off the farm are classified as commercial operations. . Other Buildings All other buildings not used in the farm operation are valued based on their design and classified by their use (e.g., market). The farm tax class includes farmland and associated outbuildings. Although MPAC may assess a property as a farm, it is taxed at the residential rate unless placed in the Farm Property Tax Class by the Ontario Ministry of Agriculture, Food and Rural Affairs. More productive areas have seen a boost in assessments lately. Legislative changes to the farm classification have resulted in an increase in farm lands near racetracks. MPAC and the University of Guelph are doing research and a 10 year analysis (starting a couple years ago) of the impact of the Oak Ridges Moraine and Greenbelt legislation on farmland values. Discussion ensued on obsolete buildings, value added items (like wind turbines) and on farm commercial activities that may attract a different taxation category. PRESENTATION BY RICK PIGEON- CBO Farm Buildings A building permit is required for any building over 10 square metres. A covered fabric building will require a building permit if it is over 60 square metres in area or a permanent structure. Building permits are not required for demolition of farm buildings. The Ontario Building Code defines a farm building as: "a building or part thereof, which does not contain a residential occupancy and which is associated with and located on land devoted to the practice of farming and used essentially for housing of farming equipment, livestock or the production, storage or processing of agricultural and horticultural produce or feeds" What is required to obtain a permit? . A complete Building Permit Application and applicable Building Permit fee. . A signed declaration that indicates whether or not the proposed structure will house livestock. . A complete MDS (Minimum Distance Separation) Data Sheet if applicable. . Two (2) sets of drawings showing dimensions, size and type of all structural components (ie) footings, posts, beams, etc. to ensure compliance with the OBC. Schematic plumbing drawings are required if plumbing is contained within the building. . A Site Plan showing the location of all existing and proposed buildings. Include all setbacks from the proposed buildings to the property lines. If required for MDS calculations indicate the distance from the proposed building to the existing houses on adjacent properties included in the MDS. . Two (2) sets of roof trusses shop drawings sealed and signed by a Professional Engineer. . Two (2) sets of mechanical drawings (if applicable). . Other approvals as required (ie) Conservation Authority, Health, M.T.O., etc In early 2006 the new building code came into effect. As with the previous Code, all buildings must comply with applicable law. Once you are ready to apply it is suggested that you visit the MAC and speak to a plans examiner. They will review your documentation for completeness. A Planner can review your site plan for zoning and MDS requirements. Inspections once construction is started are mandatory and occur at pre-determined milestones. They are: . Footing . Foundation . Framing . Insulation, if applicable . Heating and Plumbing rough-in, if applicable . Inside services, if applicable . Building, plumbing and heating Occupancy Building permit fees in Clarington are $2.27 per square metre. Ajax and Pickering are both $3 per sq m, and Oshawa is at $2 - although that is currently under review. BUSINESS ARISING Clarification: The final decision on land use designations in the Official Plan goes to Council for approval which in turn has to be approved by the Region of Durham, and must conform to the Region of Durham's Official Plan. If a member of the public objects to the designation it will go to the Ontario Municipal Board (OM B) for final decision. CORRESPONDENCE From the Association of Northwestern Ontario Municipality's a letter to Council on Species at Risk - received for information. From Gord Weir in Emergency Services an e-mail requesting Committees assistance in gathering contact information for companies and individuals who's are of expertise may be required in the event of an emergency A list of emergency response contacts will be compiled at the next meeting and forwarded to Gord Weir. REPORTS FROM OTHER COMMITTEES 407 Committee More specific input is required relating to the needs of agricultural operations as far as bridges, overpasses and underpasses, interparcel access. DAAC Currently there is a proposal for the Brock landfill site. Currently there is approximately 80 thousand tons of waste. They are waiting for MOE approval. Durham Federation of Aqriculture The annual meeting will be held on October 2, 2007 at the Utica hall. Currently, committee is reviewing the proposal for the DurhamlYork Residual Waste. OTHER BUSINESS Committee was shown a presentation from the Farm Connections 2007. The AACC brochure is being revamped. Members were provided with a copy and are requested to bring their suggestions to the next meeting. FUTURE AGENDAS Possible topics for future agendas include: · Trespassing Law · Highway 407 (agriculture related issues) · Fred Horvath on illegal dumping Next meeting May 10, 2007 with special guest Mayor Jim Abernethy Adjournment moved by Eric Bowman CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, May 10, 2007 MEMBERS PRESENT: Tom Barrie Gary Jeffery Ted Watson Mark Bragg Brenda Metcalf Henk Mulders Mary Ann Found Marlene Werry Councillor Gord Robinson OrwinBandstra . Donald Rickard , STAFF: Faye Langmaid Susan Hajnik REGRESTS: Eric Bowman Jennifer Knox ABSENT: Ross McMaster Chair called the meeting to order at 7:35 p.m. . Adoption of Aoenda 07-10 Moved by Ted Watson, seconded by Brenda MetfJalf 'That the Agenda for May 10, 2007 be adoptf!d" CARRIED Approval of Minutes 07 -11 MovecJ byBrenda Metcalf, seconded by OonaldRickard ., -~rll""" .....-. ~ H._ '.. .....---.. '" ",' u_'_, "'-'. "''', . .' '."\'~'m<1.--' ~'-"';.~. ~ " {!: ~- 'f'-.t1'i :- . ................1 ""~~ ~ . '".: ,':"" ',. I 'That the minutes of th'e Apri/12,.2007 meeting be approveC/o ~'~:::~ir\.,. ..,.~. "'~.~_.....,~'"'~"""-_. Ii . ",1 ~.;.~ ,- "'" ~ . "'.....N:;,~ ~)~ . CARRIED ! n,," . ..._"~~-". ., .. ~... .", ,I d~;;,';f~.l:! c, .'--.' -"-= ~;.::.._.....__.._.__..J ..~, '- '~"'; .."...-..... ...--~...."...,;;..,.~ . ." ... "..~ _--..-=-T~~~ . .... ......" ...,._1 r"'-~u>~~,-, .~.~--J.=-~ ,-~-'~. ~..~~__ I -...! '-.-____ :-l ; ~'~i,.~~~b: ~~ -; Introduction of Guests: Mayor Abernethy attended the meeting as an observer. Fred Horvath, Director of Operations provided an update on illegal dumping. Operations department is concerned with the illegal dumping in Clarington. There are approximately 50 dumpings reported each year, which translates into approximately $30,000 to $45,000 a year in staff/resource costs to clean up. The person(s) responsible don't seem to care what or where they dump. As an example, a load of shingles was illegally dumped in the OPG soccer fields. Operations department will get to dump sites as soon as possible once they are notified that the illegal dumping has taken place. As part of the clean up process, trash is sorted through looking for any material that may aid in identifying the culprit. Once a lead is determined, it is forwarded to By-law to take appropriate action. It should be noted that we have been successful in the courts on two cases where dumping was reported.. Although every effort is made to track down people who dump illegally, it can be daunting. They deny the dumping, or they simply can't be found. People need to be encouraged to report any illegal dumping they witness. Licence plate numbers, and or descriptions of the party involved will assist in the process of pursing charges. Clarington through the residential waste program has several programs for residents to dispose of their garbage. Yes people/motorist still dump illegally, usually at night. Clarington Transfer station at McKnight Road and the Oshawa - Ritson Road depot are both viable options to just leaving your trash at the side of the road. You can call the Region and arrange for bulk items to be picked up. Clarington is a growing and our concession roads and highways are very busy. We have a lot of traffic that simply drives through the area either on a daily basis, or on the way to the cottage,. we need to send the message that Clarington will not tolerate illegal dumping, and that if caught you will be prosecuted. Business Arising AACC Brochure The brochure needs one of the graphics removed and replaced with one about the Farm Market. There is also a blank space on the front that needs something inserted there. Emerqency Response Contacts Faye is compiling the names and numbers and will forward to Emergency Services Department. Correspondence Committee was provided with a hand-out on Farm Fire Safety. OTHER COMMITTEES 407 COMMITTEE The 407 Advisory Committee requested in put from the Agricultural Advisory Committee on what is required for overpasses/underpasses on the proposed route(s) of the 407 Highway. Below is the response Com"mittee will provide. Ag Advisory Comments 407 Inter-parcel connections The preference for the farming community is to have overpasses rather than underpasses. The overpass should be at least 40' wide, this is to allow machine to be moved from field to field without removing the headers, etc. The roads ways that currently extent north/south should continue to have north/south linkages and not be cul-de-sacs at the 407 (the 401 did this to a number of roads which has drastically affected the inter-parcel travel for farmers and cost significant time loss to them). The roadways that currently link east/west should also continue to be maintained. The further north the highway is pushed the better it is for agriculture. The better farms and soils are to the south. Existing accesses to fields should be maintained. An example is Cole Road the access the field may potentially be landlocked if an overpass is not maintained to the north. There are certain places where the farmers access the fields and that should continue. Will there be parallel service roads to the highway that farmers can use? OTHER BUSINESS Ontario Farm Animal (OFA) has released a new book titled "The 'Real'Dirt on Farming". This is a resource book and includes current information about Canadian agriculture, its traditions, changing trends and ideas for the future. There are synopsis on every commodity in Ontario. The Mayor and all Council members have been given a copy. FUTURE AGENDA June agenda will include Len Creamer and others on Trespass law. July and August meeting will be at the call of the chair. Motion to adjourn - CARRIED. CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, JUNE 14, 2007 MEMBERS PRESENT: Tom Barrie Gary Jeffery Ted Watson Mark Bragg Brenda Metcalf Henk Mulders Mary Ann Found Marlene Werry Orwin Bandstra Do.nald Rickard Eric Bowman Jennifer Knox. STAFF: Faye Langmaid Susan Hajnik REGRETS: Ross McMaster Councillor Gord Robinson Chair called the meeting to order at 7:35 p.m. Adoption of AQenda 07 -12 Moved by Eric Bowman, seconded by Donald'Ridk8,(cf" CARRIED 'That the Agenda for June 17, 2007 be adopteg".-:. Approval of Minutes 07-13 Moved by GaryJeffery, seconded by Ted Watson, ._---~........._~-.........~"'- ~ h. 'That the riJiiJUtesof the May 1 0,:2007'f1eeting bf/approvec{" ;.Jt~; Jf!!f i.J T~O~ l _~'::..::i:K.:.. ,.~.>-_...__..,.~.'-:,..,> t .;. 'J -. .'.,.. '" I . i ,: ". - . , _ _...._.___ ...~;:::...._;J: l /J-'~'h- '/h~,"--r'-"----1 ~-'1----="i "'....."",." CARRIED '-'-~"r-"." """I:'"',~-"-.,,,,,,,,,,,,,,,,: . , ;.'.h.." ..~~~.::::=j.~~' ..---l ~""'-""''''''~'~'--'----'''~ , I , i -AC5r-~~~~1 ....___. . Introduction of Guests: Mitch Phinney, Conservation Officier, MNR. Committee was provided with a print out of the Trespass to Property Act. This will provide an overview of who is responsible for enforcement be it an enforcement officer or the police. The international symbol for "no trespassing is a red dot. These red dots should be 10 cm in circumference. Signs can be ripped down, red dots can be painted on posts/trees. !;.. yellow dot means that some things are permitted. It is up to the individual to permitted, but you should seek permission before entering the property. If your property is fenced you do not require the red dot. Garden fields and areas under construction do not require red dots/signs. In the case of property that is leased and/or tenanted you need to know what the land owners wishes are. People hurt while trespassing can/do sue. Trespassers can only be charged under the Conservation Act if they are hunting, poaching fishing or have traps. Issues of trespass by motorbikes, dog walkers and such are for the police to handle. If this is the case you should get a good description of the trespasser and a licence plate if possible. The more detail the better. If you see someone illegally hunting or fishing call MNR 24 hour hot line 1-877-TIPS-MNR (847- 7667). Fines under the conservation act start at $125 and could go as high as $2,500. Business Arising AACC Brochure Waiting for a graphic about the Farm Market. There is also a blank space on the front that needs something inserted there. Correspondence Hand out from the province on Clean Water Act - Myths and Facts. OTHER COMMITTEES 407 COMMITTEE There will be a public meeting held to announce the preferred route for the Highway 407 on June 26, 2007 at the Rickard Centre from 4 pm to 8 pm. This information will be posted on the 407 website. http://wwwA07eastea.com/ DAAC DAAC recently had a Waste Management speaker. Blue box use has increased. Waste is down from 44% to 28%. The DAAC tour this year will be held on September 28. OTHER BUSINESS E-update. Committee is not in favour of the new format of the up-date in the body of the e-mail. They would prefer to have an attachment that they can open. Request that a list of meetings on the Energy From Waste be at the bottom of the update to keep people informed. FUTURE AGENDA Possible topics for future meetings: 00 Lake Scugog - monitoring the water content NEXT MEETING: August 30, 2007 Motion to adjourn from Eric Bowman - CARRIED. GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE FULL AUTHORITY July 19th, 2007 FA 06/07 1-2 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:20 p.m. MEMBERS PRESENT: Brian Fallis, Chair- Township of Cavan - Monaghan Raymond Benns - Township of AlnwicklHaldimand Charlie Trim - Municipality of Clarington Gord Robinson - Municipality of Clarington Cal Morgan - Municipality of Port Hope Miriam Mutton - Town of Cobourg Bob Spooner - Town of Cobourg Mark Lovshin - Township of Hamilton Twila Marston - Township of Hamilton ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Members of the public ABSENT WITH REGRETS: Linda Thompson - Municipality of Port Hope ALSO ABSENT: Dave Marsh - City of Kawartha Lakes 2. Disclosure of Pecuniary Interest Miriam Mutton declared a conflict of interest with item 7(a). 3. Minutes of Last Meetinq FA 43/07 MOVED BY: Charlie Trim SECONDED BY: Mark Lovshin THAT the Full Authority approve the minutes of the June 21st, 2007 meeting. CARRIED. 4. Adoption of the Aqenda FA 44/07 MOVED BY: SECONDED BY: Bob Spooner Ray Benns THAT the agenda be adopted. CARRIED. Minutes FA 06/07 Page 2 5. Deleaations: None. 6. Presentations: a) Preparation of Flood Plain Policies for the Streams within the Town of Cobourg Mark Peacock gave a presentation providing a background review of Floodplain policies. Charlie Trim asked about the history of the rivers in Cobourg. Charlie also asked about the worst storm in Canada and asked for an explanation. Gord Robinson asked about people wanting to build in the floodplain because it is so dry it is hard to say you cannot build here. Staff responded that on a day to day approach it may look dry but it may take just one storm and the land would be flooded. This is based on provincial policies. The Province of Ontario wants to ensure the safety of citizens as much as possible. Cal Morgan asked about additions on the existing buildings. Bob Spooner stated that building in a floodplain creates. a damming effect. Miriam Mutton asked if Port Hope's project is similar to Cobourg. It was stated that Port Hope's policy is different than Cobourg. Miriam asked about the process as it goes to Council and inquired as to structural alternatives to protect citizens of Midtown Creek. FA 45/07 MOVED BY: SECONDED BY: Bob Spooner Twila Marston THAT the Full Authority receive the presentation for information purposes. CARRIED. 7. Business Arisina from Minutes: (yellow) a) Staff response to GRCA Management and Regulations of Lands along the Ganaraska River delegation Miriam Mutton did not take part in the vote on this matter. FA 46/07 MOVED BY: SECONDED BY: Charlie Trim Mark Lovshin THAT the Full Authority receive the staff report for information purposes CARRIED. 8. Chair and CAO/Secretarv- Treasurer Remarks Brian Fallis informed the Board members that Lang Pioneer Village is having a 40th Anniversary Celebration the weekend of August 4 & 5 from 10:00 am to 4:00 pm. The CAO updated the members on Check Your Watershed Day which is happening this weekend July 21st from 8:30 am to 1 :30 pm. The CAO distributed an information piece put out in the Globe and Mail regarding Protecting Ontario's Water. Board members were informed that the WSIB audit went well and the Conservation Authority will be receiving a refund. Nature Nuts Summer Day Camp is now in fully swing and is fully booked. The AD Latornell Symposium is coming up in November. The Conservation Authority made a Minutes FA 06/07 Page 3 presentation to Hamilton Township regarding the Ganaraska Forest Centre. The Ganaraska Forest Centre site application has been sent into the Municipality. The first meeting of the Ganaraska Region Conservation Authority Source Protection Advisory Board meeting will take place immediately following the September Full Authority Board meeting on September 20th. 9. Business from the Board Members. Miriam Mutton confirmed that there will be a tour of the Ganaraska Forest Centre on September 11th. Miriam informed the Board that there was a fire in Cobourg and there were concerns regarding run off to a Town of Cobourg creek and wondered how that should be dealt with. Staff responded that the Ministry of the Environment is normally notified and the Spills Action Centre would be involved. Ray Benns informed Board members that the Oak Ridges Moraine Act is up for review in 2010. His municipality has reservations on the way it was passed. Any concerns should come back to the Board for discussion. Mark Lovshin stated that Hamilton Township staff/Council and the Ganaraska Region Conservation Authority staff have been working together very well on a number of projects. Mark thanked Mark Peacock and Magdi Widaatalla for working with staff on proposals. Mark also thanked Linda and Ryan for the tour of the Ganaraska Forest Centre and for the presentation given to Council. Mark told Board members that he attended the Live Earth -Concerts for a Climate in Crisis. Fish pollution is greater now than ever and Mark asked if staff could come back to the Board with a report on this. Canada is falling behind the US. Mark talked about Asian Carp and the threat they pose due to their large size and rapid reproduction rate. There is a concern that they will infiltrate the Great Lakes. There is a possibility that an electric barrier could stop them. Mark asked staff to come back to the Board with a report on this. Mark would also like a report on Carp deaths. Gord Robinson asked staff if there were any concerns with the changing of the routing of the 407. Staff responded that the route is better for the streams. 10. Correspondence: Miriam Mutton declared a conflict of interest and did not vote on this matter. FA 47/07 MOVED BY: SECONDED BY: Gord Robinson Twila Marston THAT correspondence item #15 be received for information. CARRIED. FA 48/07 MOVED BY: SECONDED BY: Mark Lovshin Ray Benns THAT correspondence items #16 and #18 be received for information. CARRIED. Minutes FA 06/07 Page 4 FA 49/07 MOVED BY: SECONDED BY: Bob Spooner Twila Marston THAT the Full Authority receive #17 for information and refer back to staff. CARRIED. 11. Applications under Ontario ReQulation 168/06: The process of issuing and Board approval of permits was reviewed. Permits approved by Executive: a) 168/06-883-06/07 - Scott Cook (Municipality of Clarington) - barn and driveway construction - attached b) 168/06-884-06/07 - Bryan Catherwood (Township of Hamilton) - replacement of driveway/culvert - attached c) 168/06-885-06/07 - Scott Powney - (Town of Cobourg) - deck replacement - . attached d) 168/06-886-06/07 - Patricia Corbett (Township of Hamilton) - sunroom addition - attached e) 168/06-887-06/07 - Jacqueline Ramphal (Municipality of Clarington) - construction of home, septic and garage - attached f) 168/06-888-06/07 - Rob Ferguson (Township of Hamilton) - replacement of septic - attached FA 50/07 MOVED BY: SECONDED BY: Gord Robinson Miriam Mutton THAT the Full Authority approve the permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None. 12. Committee Reports: None. 13. New Business: a) Hamilton Township Phase II Municipality Groundwater Study FA 51/07 MOVED BY: SECONDED BY: Cal Morgan Bob Spooner THAT the Full Authority receive this report for information purposes. CARRIED. Minutes FA 06/07 Page 5 b) Canada Revenue Agency - Update of Contact Information FA 52/07 MOVED BY: SECONDED BY: Ray Benns Twila Marston THAT the Full Authority designate Linda Laliberte, CAO/Secretary- Treasurer as the authorized paid employee to make changes or inquires on the Canada Revenue Agency accounts on behalf of the Ganaraska Region Conservation Authority. CARRIED. 14. Other Business: a) Drinking Water Source Protection update Staff provided an update to Board members. FA 53/07 MOVED BY: SECONDED BY: Ray Benns Twila Marston THAT the Full Authority receive the report for information purposes. CARRIED. b) West Gage Creek Master Drainage Plan update Staff provided an update to Board members. FA 54/07 MOVED BY: SECONDED BY: Charlie Trim Mark Lovshin THAT the Full Authority receive the report for information purposes. CARRIED. 15. In Camera: None. 16. Adiourn The meeting adjourned at 8:25 p.m. on a motion by Bob Spooner. CHAIR CllJlmgton 1-3 MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE AND THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON 407 CAC MEMBERS PRESENT: Jo-Anne McFarland Karina Isert Mark Canning John Sturdy Andrew Bouma Linda Gasser Fred Biesenthal AACC MEMBERS PRESENT: Fred Watson Brenda Metcalf T om Barrie Don Rickard GUESTS: Doug Allingham, Totten Sims Hubicki Staff in Attendance:,,,*"" -!4fh' ::k. Janice Szwarz - Planning Servi "> . iso Sharon Norris - Recording Secr~ ary Faye Langmaid - Planning servlc~s, "'I ~, Brent Mavin - Engineering Services IDepartmen ~:' 4! 1/ DATE: August 22, 2007 pBv RE: HIGHWAY 407 EA "f!EA PRESENTATION August 21, 2007 .. Eric Bowman Jennifer Knox Councillor Robinson Gary Jeffrey Ross McMaster Mary Ann Found Agenda Item Discussion Action Welcome Welcome by Tom Barrie. Member introductions all around. Introductions for Doug Allingham of Totten Sims Hubicki, 407 East E.A. Proiect Manaqer and Dan Remollino, Ministrv of Transportation. Presentation Doug Allingham presented on the Highway 407 East EA project. Excerpts of the presentation are highlighted below. A printed copy is available upon request from Sharon Norris. . An area wide approach was taken to evaluate all route selections, based on prevailing land use, environmental conditions and future plans for the lands. Route from Enfield Road to Highway 35/115 (EM9)has changed from the previously recommended route. The route selected has: . Lowest impact to fisheries, relatively low surface water quality/quantity effects, removes the least amount of upland vegetation and has only moderate net negative effects on Environmentally Significant Features and landscape connectivity between core natural areas. . Ranked high for majority of social environment criteria, tied 3rd for noise and air quality effects and has relatively low residential displacements and moderate property effects. . A high degree of compatibility with municipal and regional policies and goals, affects fewer number of specialty crop operations/facilities, dairv/livestock operations and field crop operations. Cl~mgtnn MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE AND THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON Agenda Item Discussion Action Presentation . Up to 5 businesses along Highway 35/115 could be displaced. Alternatives which by-pass the businesses would not result in displacements but would likely result in business impacts due to the reduction in drive-by traffic. ofT'; · Tied for first from a cultural environment persp:ctive~~'No net effects on known significant archaeological sites. Moderat"Feffects on built heritage and cultural landscape resourc · Ranked second from a technicaIyR~rsp~;~" ive. Ha "high transportation system compatibility and c:;onn ift. "ty '" . -t cOQpection with H. h 115 t P t b ",$1% h !l1',.;j Ig way 0 e er o. II East Durham Lin~t{fL8 ange ;Ee e previously recommended link, and is recom~t!~d;~fo oiilf~~:;~~~s~~s: · Tied for firstJor ove e natliralenvironment and wetland criteria _ . @<tt ~/ F:J ~ j; + ~:". .,:-- Impacts lessltotaliWetlan re,C1!than a number of other alternatives. !!'0?i'~ fm~ "~ow · Has low n~!:~ff~~!s cjpjg oundwater, vegetation, wildlife, ESAs and landscape :GQnnei:::tivity. r%vi\;:\f~jW~ · Moderate iplpcfct to fisherieS and surface water quality/quantity. · Moderate property effects and relatively low residential displacements. · High degree of compatibility with municipal and regional policies and goals. · Similar agricultural net effects to other alternatives but does impact 5 high investment agricultural operations. No net effects on known significant archaeological sites and low net effects on built heritage and cultural landscape resources. · High transportation system compatibility, connectivity and accessibility. · Low relative cost - shortest len th of PSWs to be s anned. Question and Why do you need an east link when it is only 10 km from the 401 link to Answer Period the 115? Long range planning requirements (20 - 25 years) will warrant it. Without the east link Regional Road 57, Courtice Rd., Solina Rd. and other 10calJregional roadways would require improvements. What is the difference between Preliminary Design and Concept Design? The level of detail. Concept design is higher than EA requirements and will provide more detail and accelerate detail design. Mitigation levels can be determined and will allow implementation to happen faster. Preliminary design is a slightly higher level of detail than concept design. Will there be grade separations for road crossings that are not interchanges? Where there will be grade separations will be worked out with the Municipality. Most will likely be overpasses. Road closures will affect many people? Road closures could mean no access for farm equipment. No road closures have been determined however TSH looks at activities in the area and what would be affected. Pro ert owners will be contacted and Cl!1!:il1glnn MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE AND THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON Agenda Item Discussion input from owners/advisory groups is needed and welcomed. Road closures will be in concert with the Municipality and Region and will be done through an Order of Council. Determination of road closures will be late this year or early 2008 (within next 6 months). Why does the process take so long? The Project Team is attempting to accrler~. omple<~ . n of the project without compromising the proces~. . This is "tal ~~Xfq!~, th~~old design is not being used and the level of detail not .. .,same<level aswe have now. The cost 4, ~<\,:,~,t1 ' or/-c, 8 . . . component of the evalu roc j I small r~!~ In decIsion making. General widt . Committee Commer:L,s:, .... e.,' ,...., Farm . "~:,'}:':?:'~:'? '':O't' k:~r::;,M-~. jfP equipment neeqs 15.i.1i1 "al'l~~Hmmimum. The 407 west of Brock does not ';""Y !llip!. !!'till "ey,.,. p accommodate:' m;eguipmentlw1More width (3 lanes) is required over the w""w }x~ ~ ::.<' crest of a hill. rojecMeam will look into this. w-~ Will you be h I g practices/lessons learned from the existing 407? We will be using the latest standards and have all the information on 407 central/west and the challenges. TSH's task is to complete the EA and respond to questions from agencies. and not for implementation and project completion. The corridor will be designated and the next phase could be detail design and property acquisition, OR design/build either on the entire stretch of highway or in segments, OR it could be a public/private partnership. The next steps depend on the government of the day. Tolls have not been decided, but as the rest is tolled it will be given consideration. The 407 .ETR has no rights to this portion of the 407 (tolling can be done in a number of different ways). Does the EA have to specify what the ,delivery model is? The EA does not have to specify what the next phase delivery model will be. Clarington is on record that there will be no cost affect to residents. Whatever is required for this project (e.g. overpass) is the cost of this project. There may be some cost sharing in special circumstances, an example being if a 2 lane road was replaced with a 4 lane road at the Municipality's request then the cost would be shared. 400 Series highways have HOV lanes - will this be designed to incorporate HOV lanes as well as the transit way? No work has been done at this time for HOV lanes and no need for it is seen at this point. This could be looked at in the future by MTO, however HOV lanes need to be a part of an overall continuous network. This would be an MTO decision, however this could change and become a decision for the GTAA. Stream crossings approach - will there be culverts/bridges - have any protocols been developed? No protocol has been developed. Will work with MOE on a crossing per crossin basis. Most crossin s will be s anned to minimize im acts - this is Action Clw:.mgtnn MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE AND THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON Agenda Item Discussion the prudent thing to. do.. Culverts may accur an small streams. Stream crassing assessments are being canducted naw and a significant number af crassings will be spanned. What is the campletian date for the east link/project? Must be very careful where the terminus paint is an ighway will likely be dane all at ance. Interchanges ,>"riM):> ,"'~' All i.nterchanges are full inte~~Q,ang;~::~langJ::t~~wirast-~;st raute in Claringtan :- will be a partial in~erc~~~,~~b~J T~\~Nap 11,~,51d4an th~;:~ast link. ~h~re will be Interchanges at Enfirld R()ad:i,~eg,()n?,I.~aa~ 57 and;35/115. ThiS IS cansiderably diffe1~ritJhl3n pf€lviausl .;:' f~itrred route' from 1992. IfJ~~;0;:J:l il?'~;,J!:fj$l1 tl1fj Will there be a!1y niCijorir 'de a IQns? I'~:l! iii1::1" ~ili~ ~l1':F 1>' There will be n~{maIo9 diyi1it:13!from the recammended route unless samething unknownsurfates3'There is anly same tweaking anticipated. w' ~jfr Transpartatia ark Warking with Durham Transit and GO far park and ride statians. It is assumed there will be a 15% decrease in auto. use by 2031. No. plans have been made far a further extensian af the highway past 35/115. What happens to. surplus lands? Several farms have already been purchased that wan't be needed. Surplus land will be identified and dispased af - if any lands are retained they cauld be leased. What is the width af the right-af-way? 170 km, 110 far the highway and 60 far the transit way. This is the aptimal width required far drainage and safety issues. 110 km will accammadate 10 lanes af traffic. Interchanges Each interchange lacatian has a transit statian ar park & ride, ar bath. Has a federal EA been triggered? No., currently warking an praject descriptian which will be submitted to. CEAA. Why didn't the first EA praceed? It was identified to. praceed hawever the gavernment changed and the facus switched to. fixing existing highways and delivery af the 407 did nat pan aut. Once this EA is approved, there is no. stale date an it - a Class EA has a 5 year time limit to. build. Timing far EA appraval is aut af MTO's cantral, it cauld be years depending an the issues. 70 km af highway and hundreds af properties cauld equate to. a number af issues. Haw long daes MOE have to. respand? 7 week peri ad far review, but issues identified have to. be reviewed and resalved. Actian ~!.fJlmgton MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE AND THE AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON Agenda Item Discussion Action What does the EA process cost? The Terms of Reference Phase is approximately $2 million and the EA Phase is approximately $4 million. What can the agricultural community do to help y decision? input from all Ff'!{,:1 ect possible. iil!l There is no federaJJpnd )t rivA is proj~Etiat the present time. .#"!M'S1)sti ~ ;r"i)' If the EA is tolberap'pr . eif'ttoes construction start? f. \""\ ..~ WiF 2013 is very ambitious even.!..h<:W encountering any problems. Approval is anticipated in 4009 ~nd t.~en' .[spehy acquisition (a couple of years). Construction could m nceival:>ly start in 2010/2011. !ii>%# OnlOff Ramp The on/off ramps are based on the most optimal typical design for each location. Wrap-Up October 26th is the deadline for comments. Faye will provide maps at the next AACC meeting. Next 407 CAC meetin to be confirmed for mid Se tember. qfJLiJlgton REPORT #1 REPORT TO COUNCIL MEETING OF SEPTEMBER 24, 2007 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDA Y, SEPTEMBER 17,2007 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-051-07 Monthly Report on Building Permit Activity for August, 2007 (b) ESD-012-07 Monthly Response Report - June, July and August 2007 (c) FND-017-07 Municipal Performance Measures Program - 2006 2. FORTHWITH RECOMMENDATIONS (a) COD-049-07 CL2007-20 Stevens Road Extension (b) COD-052-07 CL2007-35 Supply, Delivery and Installation of Gas Furnaces (c) Transit Service For Bowmanville Apple Festival 3. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY -LAW TO PERMIT AN INCREASE IN OUTDOOR STORAGE FOR AN INDUSTRIAL (AUTO AUCTION) USE APPLICANT: ADESA IMPACT AUTO AUCTION CANADA CORP. (IMPACT AUTO AUCTION) THAT Report PSD-104-07 be received; THAT the applications to amend the Clarington Official Plan and Zoning By-law 84-63 submitted by ADESA Impact Auto Auction Canada Corp. (Impact Auto Auction) be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-1 04-07 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 September 17, 2007 4. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY 1276467 ONTARIO LIMITED TO PERMIT APARTMENT AND TOWNHOUSE USES, REMOVE THE NEIGHBOURHOOD PARK SYMBOL, AND PERMIT ADDITIONAL COMMERCIAL PARKING FOR LANDS FRONTING DURHAM HIGHWAY 2 THAT Report PSD-105-07 be received; THAT the application submitted by 1276467 Ontario Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; THAT a copy of Report PSD-105-07 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-1 05-07 and any delegations be advised of Council's decision. 5. PERSONAL SERVICE SHOP APPLICANT: V. BOWEN, A. BOWEN AND M. WATSON THAT Report PSD-106-07 be received; THAT the application for Zoning By-law Amendment (ZBA 2007-0025), submitted by V. Bowen, A. Bowen and M. Watson to change the zone category of .33 ha parcel of land from "Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-26) Zone" to permit a personal service shop and that the By-law contained in Report PSD-1 06-07 (Attachment 2) be approved; and THAT all interested parties listed in Report PSD-106-07 and any delegations be advised of Council's decision. 6. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HALLOWAY HOLDINGS LIMITED THAT Report PSD-107-07 be received; THAT the application submitted by Halloway Holdings Limited to remove the Holding (H) symbol be approved for a portion of Part 23 on Reference Plan 40R- 24257; THAT the by-law, attached to Report PSD-107-07, to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-107-07 and any delegations be advised of Council's decision. Report #1 3 September 17, 2007 7. A MINOR VARIANCE TO SIGN BY-LAW APPLICANT: GERR HOLDINGS LIMITED THAT Report PSD-108-07 be received; THAT the application for a minor variance to the Clarington Sign By-law 97-157 (SV A 2007-0002), submitted by Joe Gerrits to permit three signs having a maximum sign area of 3.5 sq. m. (2.54m X 1.39m) each attached onto two elevated wall sections at the east and west end of the existing building located at 219 King Street East in Bowmanville to be used by the tenants of any unit of the building be approved; and THAT all interested parties listed in Report PSD-108-07 and any delegations be advised of Council's decision. 8. PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTY THAT Report PSD-1 09-07 be received; THAT staff proceed with option 9; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-109-07 and Council's decision; and THAT all interested parties listed in Report PSD-109-07 and any delegations be advised of Council's decision. 9. LICENSE AGREEMENT BETWEEN HYDRO ONE AND MUNICIPALITY OF CLARINGTON FOR THE USE OF AN UNOPEN ROAD ALLOWANCE TO HYDRO ONE LANDS THAT Report EGD-052-07 be received; THAT in the event that the West Townline Road site ultimately is chosen as the preferred site for the proposed Hydro One transformer station, the license agreement for access purposes be entered into with Hydro One for the use of an unopen road allowance north of Concession Road 7 on West Townline Road, former Darlington Township; THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted license be adopted; THAT Council authorize staff and the Municipal Solicitor to take all necessary steps to finalize this license agreement; and THAT all interested parties listed in Report EGD-052-07 and any delegations be advised of Council's decision. Report #1 4 September 17, 2007 10. AGREEMENT - E9-1-1 P.E.R.S. UPDATED TELEPHONE SYSTEM POLICY AND PROCEDURE MANUAL THAT Report ESD-011-07 be received; THAT the Agreement for the up-dated E9-1-1-RE.R.S. Telephone System Policy and Procedure Manual (copy attached) be approved; and THAT the Regional Clerk be advised of Council's decision. 11. MUNICIPAL GRANT REVIEW THAT Report No. CSD-014-07 be received; and THAT the revised Municipal Grant Application form and Policy Report CSD-014-07 be approved. 12. UPDATE ON WORLD RECORD WALK - October 3,2007 THAT Report CSD-015-07 be received; and THAT the Mayor, on behalf of Council, sign and support the International Charter for Walking. 13. COMPLIANCE AUDIT - JOHN MUTTON THAT Report CLD-031-07 be received; and THAT the appointment of James Horn, Horn Almond Chartered Accountants, to complete the compliance audit of John Mutton be reconfirmed. 14. QUOTATION Q2007-18 SUPPLY & INSTALLATION OF STAND-BY GENERATOR THAT Report COD-048-07 be received; THAT T & T Diesel Power Ltd., Georgetown, Ontario with a total bid in the amount of $40,050.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Quotation Q2007 -18, be awarded the contract for the Supply and installation of the Stand-By Generator at Station #4, Courtice, as required by the Emergency Services Department; and THAT the total funds required be drawn from the Emergency Services Capital Account #110-28-370-82832-7401 with the $50.00 shortfall to be funded from the Fire Equipment Reserve Fund. Report #1 5 September 17, 2007 15. CL2007-44 4th FLOOR RENOVATION - MUNICIPAL ADMINISTRATIVE CENTRE THAT Report COD-051-07 be received; THAT Nubuild Construction Ltd., Concord, Ontario with a total bid in the amount of $104,954.55 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specification of Tender CL2007-44 be awarded the contract for the 4th Floor Renovations as required by the Operations Department; and THAT funds required in the amount of $120,000.00 (which includes $104,954.55 tendering, consulting and contingencies) be drawn from 2007 Operations Capital Accou nt #110-36-370-83601-7401 . 16. DEVELOPMENT CHARGES BY-LAW AMENDMENT: MAJOR OFFICE BUILDINGS IN SCIENCE AND ENERGY PARKS THAT the Addendum to Report FND-014-07 be received; THAT based on a review of S1 0(2) of the Development Charges Act, there is no need to alter or amend the Development Charges Background Study, May 2005, prepared by Hemson Consulting Ltd.; THAT the proposed modification to the Development Charges By-Law be deemed to be minor and consistent with the intent of the amendment to the By-law considered at the statutory public meeting and further that no additional public meeting to consider the amendment is required; THAT the exemption provided for in the amendment to the By-Law be effective on September 24, 2007; and THAT the By-Law attached to Report FND-014-07 amending the Development Charges By-Law 2005-108 be approved. 17. DELEGATION - FRANK LOCKHART, VALLEYS 2000 UPDATE THAT the delegation of Mr. Frank Lockhart be referred to the Director of Finance and the Director of Operations. 18. DELEGATION - MICHAEL PATRICK, CLARINGTON BOARD OF TRADE, UPDATE ON ECONOMIC DEVELOPMENT THAT the delegation of Mr. Michael Patrick be received with thanks. 19. DELEGATION - DOUG BICKLE, REQUESTING AN EXTENSION ON ZONING COMPLIANCE THAT Mr. Doug Bickle be granted an extension for compliance to July 27, 2008; being one year from the date of receipt of the original complaint. Report #1 6 September 17, 2007 20. DELEGATION - ROSS SMITH, THE WEST BEACH ASSOCIATION, REGARDING THE WEST BEACH LANDS THAT the delegation of Mr. Ross Smith be referred to staff. 21. DELEGATION - JAISON GIBSON, DEVELOPEMENT ISSUES IN ASPEN SPRINGS THAT the delegation of Mr. Jaison Gibson be received with thanks. 22. DELEGATION - WENDY BRACKEN, DURHAMNORK RESIDUAL WASTE EA THAT the delegation of Ms. Wendy Bracken be received with thanks. 23. REPORT PSD-097 -07 - RELEASE OF RED-LINE VERSION THAT the red-line version of Report PSD-097-07 be made available to the public. 24. RATIFY ACTIONS THAT the actions taken in the "closed" meeting be ratified. REPORT /I 2 Cl!J!mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: September 24,2007 Resolution #: Report #: COD-050-07 File #: By-law #: Subject: Tender CL2007-42 - Newcastle Library Capital Project Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report COD-050-07 be received; 2. THAT the Tender Bids received for Tender CL2007-42 be rejected; 3. THAT Council formally confirm the revised Capital Budget Amount of $3,450,047.00 4. THAT Council authorize the Newcastle Library Building Committee to re-scope the Newcastle Library project and to re-issue the tender to the same pre-qualified general contractors early 2008. 5. THAT the previously awarded consultant's contract with Shoalts Zaback Architects Ltd, Kingston, Ontario; be amended to reflect the additional design to an maximum amount of $75,000.00; and, to include LEED design work in th~. amount of $68,000.00 plus $60,000.00 for the LEED Application, Energy Modelling and Commissioning without impact to the project budget; and, 6. THAT the attached By-law marked Appendix "A" authorizing the Mayor and Clerk to amend the existing contract agreement between Shoalts Zaback Architects Ltd and the Municipality be approved. Submitted by: a~ Marie Marano, H.B.Sc., C.M.a. Director of Corporate Services d~~~ hNanCy Taylor, B.B.A., C.A., (J 'Director of FinancefTreasurer MM/JB/EH/BT/gj ~ ~JY_~ Reviewed b~ . Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-050-07 PAGE 3 1.0 BACKGROUND 1.1 In February, the Municipality advertised for; and, pre-qualified seven contractors to submit bids. Since that time, two firms had advised they were unable to bid due to other commitments. 1.2 Tender CL2007-42 for the construction for the Newcastle Branch Library was advertised and issued to pre-qualified contractors with bids being received on September 6, 2007; as per Schedule "A". 1.3 At the bid opening, only three submissions were received. Two of the bids were submitted on time; with one bid being rejected as it was submitted late. 1.4 As noted on Schedule "A", the two qualified bids were in excess of the funds allocated to the construction budget amount $2,648,895.00 2.0 BIDS ANALYSIS 2.1 As indicated, the two qualified bids that were received are in excess of the construction budget. Following the opening, the Consultant contacted the remaining pre-qualified bidders to determine why bids were not received. They both indicated they were experiencing difficulties in obtaining quotes for materials and one indicated that he missed the closing deadline due to timing and heavy traffic. 2.2 Other contributing factors to the high bid amounts were costs related to addressing the soils conditions, increased construction costs since establishing the original construction budget; and, unexpected costs related to certain materials required for the project. Steel, drywall, painting and floor finishes were well in excess of estimates prepared by the Consultant during the pre- construction cost analysis. 2.3 While the Municipality reserves the right to negotiate with the lowest bidder; given the projected scope of changes, it was determined this would not be a prudent course of action in this case as we would not expect to generate the required reductions. 2.4 The Newcastle Library Building Committee is aware of the financial concerns within the Municipality as outlined by the Director of Finance; and, for this reason, recommend that Council reject both bids; and, authorize the Building Committee work with the Consultant to re-scope the project in order to bring it in-line with the financial resources allocated to the project. 2.5 The Building Committee is recommending the tender be re-issued in early 2008; and that the same seven pre-qualified contractors be given the opportunity to bid on the revised project. REPORT NO.: COD-050-07 PAGE 4 3.0 SCOPE OF WORK 3.1 In order to bring the project in-line with the financial resources, the Building Committee has reviewed a number of options. The Committee recommends re- scoping the project design through a number of changes to the building components. In order to do so, the Consultant will re-design the building with staged reductions, possibly including a reduced floor space and changing to a flat roof. 3.2 In consideration of the above, these adjustments will allow us to re-tender the project in early 2008 for construction. 4.0 DESIGN 4.1 In order to achieve the desired results, the Consultant will re-scope the project design within the financial resources. This will require a significant amount of work by the Consultant including redesign and revisions and to re-issue the tender documents tender drawings. Accordingly, the Building Committee is recommending the Consultant's contract be amended to reflect this. increased scope of work to an up set limit amount of $75,000.00 to be drawn from the existing project account # 110-42-440-85510-7401. 4.2 At the award of the Consultant's Contract to Shoalts Zaback Architects Ltd, the Municipal Building Committee had not included the LEED (Leadership in Energy and Environmental Design) green building program. Through the design concepts prepared by Shoalts Zaback Architects, it was determined by the Committee; and, presented to Council in December 2006; the Newcastle Branch Library would qualify as a LEED Certified Building, demonstrating the Municipality's commitment to conservation and sustainable buildings. 4.3 The initial consultant's contract did not include fees for the additional scope of work for LEED development; nor did it include fees for the sub-consultants working with Shoalts Zaback Architects for the preparation of LEED design work and tender documents as required by the Canada Green Building Council for approval. 4.4 The revised project budget presented at an October 2006 Building Committee meeting at which a number of both the Library Board and Council members were present. At that meeting the Consultant identified the necessary funds for the LEED application should the Building Committee determine the LEED process was viable. The budget includes $60,000.00 for LEED application process, energy modelling and commissioning, $68,000.00 for the Consultant and their sub-consultants for the design phase, construction and specifications documents as well as construction administration. 4.5 The Engineering Department is also recommending future project work for the proposed Newcastle Memorial Park Soccer Field be included within the scope of REPORT NO.: COD-050-07 PAGE 5 this work however to be funded from a separate account to be approved during the 2008 Capital Budget deliberations. 5.0 PROJECT BUDGET 5.1 At the referenced October 2006 Building Committee meeting, the project budget was reviewed. The 2006 Capital budget provided funds in the amount of $2,788,604.00. At Library Board meeting, a number of items were reviewed and budget adjustments were recommended in the additional amount of $661,443.00 based on a number funding sources suggested by the Director of Finance bringing the total project amount to $3,450,047.00. This was referenced in Report COD-027-07 approved by Council June 25,2007. 5.2 As the Building Committee had recommended construction of a LEED Certified Building, funding from the Municipal Government Enterprise Reserve Fund would be allocated to the capital cost difference in the amount of $285,000.00. 5.3 The Library Development Charges financing was also adjusted to reflect future capacity requirements in the additional amount of $178,810.43. This is in addition to the original budgeted amount of $1,405,456 and will result in an estimated debenture of $1,584,266.43 once the tender is awarded. This is determined based on the non-replacement square footage cost share at the mandatory 90% eligibility for development charges funding. However, this is substantially in excess of the original amount determined in the 2005 development charges background study of $1,210,500. There is no opportunity to increase this amount further as there will be a shortfall in the Library Development Charges Reserve Funds in the foreseeable future. Some provision for this was incorporated in the 2007 budget. This will limit future library growth related projects until such time as the future Development Charges growth reflects this capacity. 5.4 Additional funds were also identified from the Capital Works Reserve Fund in the amount of $98,816.29 and the General Municipal Reserve Fund in the same amount of $98,816.29 in addition to the original budget amount for the non- growth share at 10% and the replacement square footage at the existing Newcastle Branch Library that cannot be attributed to future growth. 5.5 The Director of Finance concurs with these recommendations and funding sources. However, as noted, there is no opportunity to increase this amount further from a development charges perspective. REPORT NO.: COD-050-07 PAGE 6 6.0 CONCLUSION 6.1 The Building Committee will report back to Council for approval when the project has been re-tendered. REPORT NO.: COD-050-07 PAGE 7 a Leading the Way Municipality of Clarington Schedule "A" Bid Summary TENDER CL2007-42 GENERAL CONTRACTOR FOR THE CONSTRUCTION OF THE NEWCASTLE BRANCH LIBRARY Bidder Bid Amount (Excluding GST) Aecon No Bid Garritano Bros. Ltd. Bid Rejected Gerr Construction Ltd. $ 3,025,000.00 J. J. McGuire Ltd., No Bid Mitren No Bid Pre-Eng Contracting Ltd. $3,310,000.00 Strut-Con Constructions Ltd. No Bid *GST Extra REPORT NO.: COD-050-07 PAGE 8 Appendix "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS~ 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an amendment to the contract between Shoalts Zaback Architects Limited, Kingston ,Ontario, and said Corporation; and, 2. THAT the amended contract attached hereto as Schedule "A" form part of this By-Law BY-LAW read a first and second time this 24th day of September 2007 24th day of September 2007 BY-LAW read a third time and finally passed this Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk REPORT II 5 Cl~iJlgton REPORT FINANCE DEPARTMENT Meeting: COUNCIL Date: September 24, 2007 Resolution #: Report #: FND-018-07 File #: By-law #: Subject: 2008 Preliminary Budget Overview Recommendations: It is respectfully recommended to Council the following: 1. THAT Report FND-018-07 be received for information. SUbmitted)tL:~' ~6'A Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer /~~-=G~ Reviewed byU Franklin Wu, Chief Administrative Officer. NT/hjl REPORT NO.: FND-018-07 PAGE 2 Background: 1.0 At the Council meeting of June 25, 2007, Council tabled until September 4, 2007 consideration of a cap on the 2008 budget not to exceed 2% plus assessment growth. At the September 4, 2007 General Purpose and Administration Committee meeting, Council requested that the Director of Finance/Treasurer provide a report for the September 24,2007 Council meeting to outline the high level issues affecting the 2008 Budget. That is the purpose of this report. 1.1 The timing of the 2008 budget has been advanced by Council by two months. Staff from every department are diligently undertaking detailed budget preparation. It is still premature at this point to provide detailed analysis of the 2008 budget. It is anticipated that specific 2008 budget information will be available in late November, 2007 in order to comply with the final 2008 budget date established by Council for Monday, January 28,2008. 1.2 At this time, high level information is available for major issues that will be impacting the Municipality for the 2008 budget. The information is very preliminary and is. subject to change as detailed budgets are compiled and submitted from all the departments. 2.0 Overview 2.1 In the following sections, both increases to revenue or cost savings will be highlighted as well as cost increases. Finally, an overall summary of service levels that could be considered by Council in order to accomplish a 2% budget increase for 2008. 3.0 Potential Additional Revenues Sources 3.1 Property Tax Revenue For 2008 budget purposes, each 1 % incremental budgetary increase for local purposes equates to approximately $300,000. Therefore a 2% increase would result in additional property tax revenue of $600,000. 3.2 Assessment Growth (a) Assessment growth provides additional revenue to the municipality in the same proportion as the budgetary increase mentioned above. That is a 1 % growth in assessment translates to approximately $300,000 in additional revenue to the municipality. (b) It is extremely premature to predict the growth for 2008. As Council is aware, the returned roll for the following tax year is provided to municipalities by MPAC in early to mid December of the year prior. This is, the 2008 returned roll will be available in December 2007. Assessment REPORT NO.: FND-018-07 PAGE 3 growth for budget purposes can be determined at that time. In order to finalize the assessment roll for the December time frame, MPAC must have cutoff dates prior to this time. The regular notice extract date is around October 19th and the amended extract date is around November 14th. As a result, a property must be occupied and assessed by this time frame with notices provided to the taxpayer on these dates in order to be included on the returned roll for 2008. (c) Very preliminary growth reports only indicate growth at less than 2% for 2008. This number is premature though and may increase slightly by the mid October cut-off date. Residential building permits are marginally lower than last year at the present time. It is not known at this time whether that assessment growth will reach 3%. (d) Information on specific larger properties is again preliminary. The Home Depot under construction in the west end of Bowmanville will not be open until December 2008. As a result, it will not be included in the returned roll for budget purposes for 2008. It will show up on a supplementary or omitted assessment roll at some point in 2008. It is anticipated that the valuation will approximate $12 million and will ultimately provide approximately $72,000 in annual revenue for the local level. It will be on the returned roll for 2009. (e) The Courtice Water Pollution Control Plant is anticipated to be in operation in early October 2007. This is very close to the cut-off deadline for the 2008 returned roll. It is therefore not guaranteed that it will make it on the roll for 2008 but every effort is being made to accomplish this. The Clarington portion of the tax revenue for the Courtice Water Pollution Control Plant cannot be reliably estimated as yet but may be in the vicinity of $650,000. The timing for this will have a significant bearing on the 2008 budget. (f) The Dry Fuel Storage facility at Darlington is the other significant specialized property. It is also scheduled for occupancy sometime in October 2007. Again, the hope is to have it included on the returned roll but that is not assured as yet. It is important to note that for both this and the water pollution control plant, construction cost has no bearing on the valuation for assessment purposes. The assessment is a small fraction of the value because only the structure is valued, not the specialized components and machinery and equipment that comprise a significant amount of the construction value. However, because these two facilities are payment-in-Iieu properties, the municipality retains the education portion of the property taxes. The Dry Fuel Storage Facility will generate approximately $45,000 in tax revenue for the Municipality. REPORT NO.: FND-018-07 PAGE 4 3.3 Other Revenues (a) Other sources of potential increased revenue for the municipality include Provincial Offences Act fines. Based on 2007 activity, it is likely that this revenue will increase by $40,000 for 2008. Veridian dividends will also be reviewed based on amounts received in the last two years to see if there is potential to increase this budget item by approximately $100,000. (b) Council has approved user fee increases already impacting the 2008 year, but the increases were modest to keep them in line with external forces so the impact would not be significant with the exception of planning fees where additional revenues of $200,000 are anticipated. 3.4 Cost Reductions (a) This will be primarily addressed in the later section on proposed service levels to be reduced. (b) Funding, subsidies and grants to external agencies is another potential source for cost reduction consideration. A budget cap could be . considered to restrict the budget requests submitted by the external agencies for the 2008 budget. (c) Subject to Council approval of the Newcastle Library tender report included on this agenda, the balance of the operating costs for the Newcastle library operating costs and tax levy support to the shortfall in the development charges funding would be deferred until the 2009 budget. The operating cost impact of $200,000 would be deferred to 2009. (d) Additional potential cost reductions are highlighted under potential service level items referenced later in the report. 4.0 Major Pending Expenditures 4.1 Salaries and Benefits As Council is aware, the Municipality has several affiliated union contracts as well as non-affiliated staff. The Chief Administrative Officer will be providing a verbal in camera update on the status of negotiations with respect to these contracts, with the Fire Association in particular. The dollar impact of a 1 % increment for overall salary increases for all staff equates to $200,000. This would be multiplied by whatever percentage the ultimate contract settlements would be. There is also the unknown impact of retention pay sought by the Fire Association. In addition, there are increases in the base salary costs due to movements through the grid, pay equity, etc. totaling $350,000. Benefit cost increases will have an impact of approximately $200,000. REPORT NO.: FND-018-07 PAGE 5 4.2 Newcastle and District Recreation Facility This facility has an anticipated opening in 2008. 50% of the anticipated operating costs were incorporated in the 2007 budget with the remaining estimated amount of $400,000 to be incorporated into the 2008 budget. 4.3 Staffing " In conjunction with growth occurring in the municipality, there is an operational impact to maintain the new facilities and infrastructure. Without staff increments to meet these needs there will be a gradual decline in the overall service level provided by the municipality. Staff will be reviewing the needs in this area in conjunction with the budget preparation. 4.4 Other Costs (a) Other cost impacts include: · Increased utility costs estimated at $90,000; · Adjustments to the insurance budget of $50,000; · New programs such as the Newcastle Community Improvement Program implementation at $25,000; · The need for increased tax support to roads. This includes both tax levy support to capital roads needs as well as additional funds for the rural roads resurfacing program proposed at $200,000 combined; · Growth related operational costs such as increased grass cutting, increased street lighting costs, winter maintenance of sidewalks, etc. approximating $100,000; and · Safety related items needing consideration including fire code retrofits and railway crossing improvements as examples approximating $110,000. (b) There are significant issues in various stages of completion co-ordinated through the planning department that will very likely result in greater Ontario Municipal Board hearings and extended negotiations. The cost is not determinable at this point as it also has an extremely detrimental effect upon the level of service to the development community, intensified by the staff resources required for the Official Plan Review and Zoning By-law update. (c) The need to decrease the reliance on the Rate Stabilization Reserve Fund also should be reviewed. Council will also have updated Master Fire Plan implications to consider in the next couple of months. (d) There are also a couple of reserve funds that need attention or consideration in order to plan for current and future needs. Future economic development initiatives in the Clarington Energy Park and the Clarington Science and Technology Parks will require capital investments. REPORT NO.: FND-018-07 PAGE 6 The Facilities/Parks Maintenance Reserve Fund is having difficulty keeping pace with the needs of the inventory of facilities maintained by the Municipality, simply due to the age of the buildings. (e) The Operations fleet replacement reserve fund is being hit hard by the cost of fuel in the last several years. Each vehicle is essentially set up as a profit centre where by an hourly rate is charged to the various jobs for the use of the equipment and the equipment maintenance costs and fuel costs are charged to the "profit centre". Annually, the net surplus from fleet operations is transferred to the fleet reserve fund to pay for future fleet replacement. The intent is to fund the future replacement of the vehicles during their useful life. However, the cost of fuel over the last couple of years has dramatically reduced the amount of funds transferred annually into the reserve fund by approximately $200,000. 5.0 Reduced Service Level Suggestions and Revenue Generating Opportunities 5.1 In order to provide some input to Council on the implications of opting for a 2% cap for the 2008 budget, all departments provided some information from a very high level perspective on areas th;:!t WOllin hA rut forw;:!rn for consideration in adjusting service levels. Please be advised that these are items for consideration only that require much further analysis to determine the actual cost savings that would result from the changes to the service levels in the various areas. Subject to Council's direction for the 2008 budget, Staff would bring forward cost savings figures on these items in order to allow Council to determine which combination of service levels would be adjusted to accomplish this direction. 5.2 It is also important to note that departments, as part of their normal budget process, review their activities to determine whether they are cost effective, could be improved upon, or could be modified to better serve the purpose of the program or service. The base budget proposal is determined based upon maintaining service levels approved by Council through successive budgets. Additions to service levels are separately identified during the budget process for Council consideration. Maintaining service levels, as identified in the areas above, have inflationary cost implications without improving levels. 5.3 It is also important to note that the Consumer Price Index (CPI) is not always an appropriate gauge of where tax increases may be deemed reasonable. Municipalities do not purchase the 'basket' of goods and services upon which the CPI is determined. As an example, construction costs for road maintenance and replacement has dramatically increased due to lack of capacity for vendors with both staffing and supplies. Activity in Alberta has absorbed a great deal of capacity formerly available to municipal governments in Ontario. REPORT NO.: FND-018-07 PAGE 7 5.4 Items that may be put forward for consideration in reductions include the following: · Review of contributions to reserve funds for future needs; · Reduce support to external agencies; · Review winter levels of service; · Assess grass cutting serVice levels with respect to frequency; · Consider further increases in user fees; · Make modifications or eliminate Senior's snow clearing program; · Reduce sports field maintenance on weekends; · Review 24/7 on call programs in a number of departments; · Review streetlight illumination schedules; · Make amendments to facility operating schedules or potentially facility closures; · Reduce services to the public in facilities; · Reduce number or type of recreation programs or standards for operating programs; · Review of subsidized recreation programs with the view of fee increases; · Eliminate after hours parking enforcement; · Review the use of summer students reduced in several departments; · Reduce volunteer recognition programs; · Eliminate community photocopying services; · Defer of ongoing e-government initiatives; · Reduce or eliminate of employee assistance program; · Furth-er review-(jf-a-dvertising options; · Assess community event sponsorships; · Reduce in capital programs in various departments including fire vehicles and equipment, road network, sidewalk replacement, growth related projects that have tax levy component; · Reduce fire response service levels; · Review part-time fire training programmes; · Revie'-:V fire prevention programs such as Family Safety Day, Race against Drugs and Junior Firefighter program; · Reduce or eliminate traffic watch program; · Reduce overtime affecting service levels to Advisory Committees; · Review and modification to Community Improvement Plan funding; · Reduce and consider deferrals in land acquisition program; and · Reduce overall overtime budget in all departments. 5.5 As mentioned previously, the information provided in this report are high level references that require a greater level of analysis to determine what cost savings would actually be achieved and the longer term implications of the reductions. Also, not all of the service levels above would need to be affected, but a combination of them determined by Council once full information was available through the budget process if staff is directed to pursue this magnitude of service level review. REPORT NO.: FND-018-07 PAGE 8 6.0 Conclusion: 6.1 This report is provided for Council information to provide a high level overview of significant items impacting upon the 2008 budget process. Detailed'budget information will be forthcoming as staff progress through the budget process. 6.2 It is important to note that there were a significant number of unusual drivers impacting the 2007 budget process as indicated in Schedule A to the 2007 budget report such as new debt repayments coming on-stream, initial PSAB requirements, loss of Provincial Offences Act revenue, the balance of new positions from the prior year, and land acquisition financing needed that have now been built into the base. 6.3 Due to the timing of this report, the most significant uncertainties for 2008 are the salary implications and the timing for the Courtice Water Pollution Control Plant. If the base is not established to accommodate the reasonable outcome of negotiations based on market forces, that will trigger a future year adjustment to catch up the base and lead to an undesirable impact in that year. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 SUMMARY OF BY-LAWS September 24, 2007 BY-LAWS 2007 -191 Being a by-law to amend By-law 2007-036 to appoint a member to the Property Standards Committee for the Municipality of Clarington (Approved by Council September 10,2007) (Jack Julicher) 2007 -192 Being a By-law to authorized a contract between the Corporation of the Municipality of Clarington and Boyle Excavating, Bowmanville, Ontario for the Stevens Road Extension Project (Item 2(a) of Report #1) 2007-193 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (V. Bowen, A. Bowen And M. Watson) (Item 5 of Report #1) 2007 -194 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Halloway Holdings Limited) (Item 6 of Report #1 ) 2007 -195 Being a By-law to amend By-law 2005-108, a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 19997, to provide for a 50% refund of development charges fees for major office buildings that are LEED certified on lands identified in Schedules 6A and 6B (Item 16 of Report #1 ) 2007 -196 Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library (Report #2) HANDOUTS/CIRCULA TIONS FOR COUNCIL ~ I I I I I I I l- I 0 Z I -1.", 'J -:r 0 Q G) I t- O .4- Z .- Q- d0 ~ 0 -.s:: Z ..... ~ ..... 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