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Home My WebLink About10/15/1996e MUNICIPALITY OF _ Iarington ONTARIO DATE: TUESDAY, OCTOBER 15, 1996 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DECLARATIONS OF INTEREST MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held on September 30, 1996 PRESENTATION Recognition of Clarington's Olympic Athletes. DELEGATIONS 1. Donna Robins, Chairman, Clarke Museum & Archives, 4552 Highway ##2, Newtonville, LOA 1JO - Addition to the Clarke Museum; 2. Libby Racansky, 3200 Hancock Road, Courtice, LlE 2M1 - Durham Regional Works Department; and 3. Kerry Meydam, 3828 Trulls Road, Courtice, LIE 2L3 - Report PD- 133 -96. COMMUNICATIONS Receive for Information I - 1 Correspondence received from Nancy Crawford, Executive Officer, Ministry of Transportation - I - 2 Correspondence received from Clarington Museums /Clarke Museum & Archives - 1996 Fall Events and Exhibitions; I - 3 News Release received from the Federation of Canadian Municipalities - FCM and Provincial /Territorial Municipal Associations Unanimous in Calling for Renewal of Canada Infrastructure Works Program; I - 4 Correspondence received from Julia Munro, M.P.P., Durham -York - Resolution re: CN's Rationalization of Rail Lines; CORPORATION OF THE MUNICIPALITY OF CLARINGTON a: TEMPERANCE STREET • BOWMANVILLE -ONTARIO • L1C 3A6 • (905) 623 -3379 • FAX 623 -4169 RECYCLED PAPER Council Agenda COMMUNICATIONS - 2 - October 15, 1996 I - 5 Notice of Proposed Decision of the Council of the Regional Municipality of Durham With Respect to the Proposed Official Plan of the Municipality of Clarington; I - 6 Construction Newsletter received from the Durham Region Works Department - Signalization and Road Improvements - Liberty Street (Regional Road 14) and Concession Street Intersection in Bowmanville, Municipality of Clarington; I - 7 Correspondence received from Andree Pinard, Resolutions Policy Analyst, Federation of Canadian Municipalities - Request for Resolutions for Consideration at FCM's National Board of Directors Meeting in December 1996; I - 8 Correspondence received from Bernadette Bruzzese, Manager, Ministry of Agriculture, Food and Rural Affairs - 1996 Farm Tax Rebate Program; I - 9 News Release received from the Nuclear Fuel Waste Environmental Assessment Panel - Phase II Public Hearings for Nuclear Fuel Waste Management and Disposal Concept Resume; I - 10 News Bulletin received from the Ontario Sewer and Watermain Construction Association - Clean Water Infrastructure Backgrounder September 1996; I - 11 Correspondence received from Tony Morris, President, Ontario Federation of Agriculture - Property Tax Reform; I - 12 Correspondence received from Mike Swanson, Sales Representative, Bell Canada - Technological Pathways to the Future; I - 13 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham, addressed to The Honourable Al Leach, Minister of Municipal Affairs and Housing - Response to the Recommendations Proposed by the "Who Does What Panel" Concerning Municipal Administration, Transportation and Utilities; I - 14 Minutes of a meeting of the Bowmanville Museum .Board held on September 11, 1996; r r ... II-. Council Agenda COMMUNICATIONS ... I-IS i. I - 16 ... .. I - 17 ... II-. I - 18 ... I - 19 lilt ~"': f ... -.. f ... i: ; ... i. ... , i.. I- ~. .. I - 20 I - 21 I - 22 I - 23 I - 24 I - 25 - 3 - October 15, 1996 Correspondence received from Susan Crawford, Director, Ministry of Transportation - Community Transportation Action Program (CTAP); Correspondence received from Terry Mundell, President and Gerry Houston, Chair, Association of Municipalities of Ontario, addressed to The Honourable Chris Hodgson, Minister of Natural Resources - AMO-ACAO Joint Protocol Pertaining to Non-Matching (Discretionary) Municipal Funding of Watershed Programs; Correspondence received from Terry Mundell, President, Association of Municipalities of Ontario - Towing Companies and Fees; Newsletter received from the Association of Municipalities of Ontario - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration; Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 17, 1996; Correspondence received from George S. Graham, Clerk-Administrator, The Township of Brock Potential Abandonment of Rail Corridors in the GTA; Correspondence received from Pat Tierney, Chairperson, Veterans Recognition and Remembrance Services - Sponsored Visits; Correspondence received from Brenda Brown, City of Oshawa - Clarington Official Plan; Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Clarington - Alteration of Ward Boundaries - Municipality of Clarington; Correspondence received from Mr. Bruce Manwaring, Consumers Gas - Natural Gas as a Transportation Fuel; News Release received from the Association of Municipalities of Ontario - Crombie Panel Releases Recommendations on Fire Services; Council Agenda COMMUNICATIONS I - 26 I - 27 I - 28 I - 29 I - 30 I - 31 I - 32 I - 33 - 4 - October 15, 1996 J J J J J j J J J J J j j J j j J J j Correspondence received from George A. Mentis, Executive Director, Citizens Commission on Human Rights - Creating Crime - Psychiatry Eradicating Justice; Notice of a Public Meeting received from the Health and Social Services Committee of the Region of Durham - Workfare; Correspondence received from Brenda Chamberlain, M.P., Guelph-Wellington - Pledge or Oath of Allegiance; Correspondence received from Paul Oliver, President, Ontario Restaurant Association - Public Opinion Survey on Metro Toronto Residents Regarding Proposed Prohibition on Smoking in Restaurants, Bars and Nightclubs; News Release received from the Ministry of Municipal Affairs and Housing - Panel Recommends Greater Municipal Control of Fire Services; Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on September 17, 1996; Correspondence received from George S. Graham, Clerk-Administrator, The Township of Brock - Township of Brock Municipal Alcohol Policy; and Ontario Municipal Board Order - Newcastle 1 Limited Partnership and Newcastle 11 Limited (South Courtice) . Receive for Direction D - 1 D - 2 Correspondence received from S. St. John, Secretary, Bowmanville Santa Claus Parade Committee - Requesting permission to Hold the 1996 Santa Claus Parade on Saturday, November 16, 1996; Correspondence received from Don Conaby, Chair, Government Affairs/Economic Development Committee - Oshawa/Clarington Chamber of Commerce - Economic Development Function in the GTAi ... Council Agenda .. COMMUNICATIONS ... D - 3 .. D - 4 lilt D - 5 ... ... D - 6 - D - 7 .. D - 8 lilt ... MOTION - 5 - October 15, 1996 Correspondence received from Gerard Mercier, Director, Pilgrims of Saint Michael - Resolution re: Creating Money for Canada Instead of Borrowing It From Private Banks Who Create It; Correspondence received from Hazel McCallion, Mayor, Chair, GTA Mayors and Regional Chairs - Greater Toronto Marketing Alliance - A Public/Private Partnership; Memorandum received from the Ontario Federation of Snowmobile Clubs - Requesting Proclamation of Get Ready For Snowmobiling Week; Correspondence received from Elizabeth Courneyea, R.R. #2, Bowmanville, LIC 3K3 - Requesting Proclamation of Wife Assault Prevention Month; Newsletter received from the Association of Municipalities of Ontario - Resolution re: Hospital Board Governance; and Correspondence received from Dan Matthews, Location Manager, Wind At My Back Productions Ltd. - Schedule of Filming Activity in the Municipality of Clarington. NOTICE OF MOTION .. REPORTS 1. .. 2. .... General Purpose and Administration Committee Report of October 7, 1996; Report TR-82-96 - RFP 96-2 - Courtice Community Complex Section 1; and 3. Report TR-83-96 - Clarke Museum Storage Shed. L BY - LA~\iS UNFINISHED BUSINESS ... 96-176 lilt .... ... being a by-law to amend By-law 76-25, as amended, a by-law to regulate signs in the former Town of Newcastle, now the Municipality of Clarington (Item #7 of Report #1); Council Agenda BY-LAWS 96-177 96-178 96-179 96-180 OTHER BUSINESS - 6 - October 15, 1996 j J j j J J J J J J j J J j j J J J J being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham for the Transfer of the Daylight Triangles shown as Blocks 31 and 32, Plan 10M-775 (Item #16 of Report 1); being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Mopal Construction Ltd., Gormley, Ontario, for the Construction of Avondale Park (Item #13 of Report #1); being a by-law to authorize the execution of a Letter of Understanding between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham and Ontario Hydro; and being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Ltd., Bowmanville, Ontario, for the construction of a storage shed, Clarke Museum. ADJOURNMENT BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ... - MUNICIPALITY OF CLARINGTON - Council Minutes September 30, 1996 ... Minutes of a regular meeting of Council held on Monday, September 30, 1996, at 7:00 p.m., in the Council Chambers - PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL - Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott - - Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana (Until 7:52 p.m.) Fire Chief, M. Creighton (Until 7:52 p.m.) Solicitor, D. Hefferon (Until 7:52 p.m.) Treasurer, M. Marano (Until 7:52 p.m.) Director of Public Works, S. Vokes (Until 7:52 p.m.) Labour Relations Solicitor, G. Weir (Attended at 7:30 p.m.) Director of Planning and Development, F. Wu (Until 7:52 p.m.) Deputy Clerk, M. Knight ... - - DECLARATIONS OF INTEREST ... There were no declarations of interest stated for this meeting. MINUTES OF PREVIOUS MEETINGS - Resolution #C-728-96 - Moved by Councillor Pingle, seconded by Councillor Scott THAT the minutes of a regular meeting of Council held on September 16, 1996, be approved. - "CARRIED" - - - - Council Minutes PUBLIC MEETING DELEGATIONS COMMUNICATIONS lIIIlI - 2 - September 30, 1996 lIIIlI Pursuant to Section 4 of the Development Charges Act, the Council of the Corporation of the Municipality of Clarington is holding a Public Meeting to enable the public to understand the Development Charge Amendment proposal. .. III Public Notice was placed in the local newspapers on or before August 28, 1996. This notice procedure is in compliance with the Ontario Regulation 725/89, as amended. ... The purpose and effect of the proposed amendment to the Development Charge By-law is to: lIIIlI a) add to the list of designated services illustrated on Schedule "B" of the By-law, the development of a neighbourhood park and parkette in Plan of Subdivision 18T-95023, and a parkette in Plan of Subdivision 18T-89037 - located in South Courtice, south of Bloor Street between Townline Road and Prestonvale Road; and .. b) add a new section in the By-law under "PART II - GENERAL" which would in essence permit the developers to construct, at their cost, the parks within each plan of subdivision. The Municipality, in turn, would credit the costs of the park development against the park development component of the development charges that the Municipality collects. The credit arrangement would avoid the developers from being double- charged under the current development charges by-law. .. .. ... No one spoke in objection to or in support of the application. ... Karen Cashin, President, Ontario North Shore Branch, was called but was not present. ... Resolution #C-729-96 ... Moved by Councillor Novak, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception of Items I - 3 and I - 8. .. "CARRIED" - I - 1 Correspondence received from Carol A. Albert, Gardiner, Roberts, Barristers & Solicitors - Zoning By-law 95-163 (Klawitter); .. I - 2 Correspondence received from Joanne Murphy and Charlie Renaud, Retail Wholesale Canada - Campaign Against BridgestonelFirestone; III IIIIIi .. - Council Minutes - COMMUNICATIONS - I - 4 - - 3 - September 30, 1996 Memorandum received from Glen Pleasance, Water Efficiency Co-ordinator, Regional Municipality of Durham - Information on Durham Region's Toilet Replacement Program; I - 5 Minutes of a meeting of the Kawartha Region Conservation Authority held on September 11, 1996; - I - 6 - 1-7 - I - 9 - 1-10 - - Notes for Remarks by The Hon. Al Leach, Minister of Municipal Affairs and Housing to the Association of Municipalities of Ontario - A Guide to Municipal Restructuring; Correspondence received from Bryon Wilfert, President, Federation of Canadian Municipalities - Extension of the Affordability and Choice Today (A-C-T) Program and Distribution of New A-C-T Documents; Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Partnership Memorandum Regarding Provincial Delegation of Planning Review Functions; Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham, addressed to Ms. Tonia Grannum, Clerk, Provincial Standing Committee on General Government - Tenant Protection Legislation: New Directions for Discussion; and 1- 11 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Peer Review of Hydrogeological Reports Submitted in Support of Planning Applications. - I - 3 Resolution #C- 730-96 - 1997 Schedule of Events Mosport Park Pl1.MO Moved by Councillor Novak, seconded by Councillor THAT the 1997 Racing Schedule of Events received from The Mosport Park Entertainment Corporation, be received for information. - "CARRIED" - I - 8 Resolution #C-731-96 - Moved by Councillor Novak, seconded by Councillor Hannah Newsletter - Canadian Soft Drink Association M04.GE THAT the correspondence dated September 20, 1996, from Stuart Hartley, Vice-President, Ontario Region Canadian Soft Drink Association, pertaining to the Toronto Environmental Alliance, be received for information. - - - - "CARRIED" Council Minutes COMMUNICATIONS D - 1 Proclamation of Community Care Month M02.GE D - 2 Proclamation of World Teachers' Day M02.GE D - 3 Proclamation of Ontario March of Dimes Month M02.GE .. - 4 - September 30, 1996 .. Resolution #C-732-96 .. Moved by Councillor Hannah, seconded by Councillor Elliott III THAT the correspondence dated September 16, 1996 from Irene Peebles, Chair, Community Care, requesting proclamation of Community Care Month be received; .. THAT the month of October 1996 be proclaimed "Community Care Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and .. THAT Irene Peebles be advised of Council's decision. "CARRIED" .. Resolution #C-733-96 .. Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated September 16, 1996 from Lanny Cooper, President, District 49, Ontario Secondary School Teachers' Federation, requesting proclamation of World Teachers' Day be received; .. THAT October 5, 1996 be proclaimed "World Teachers' Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and ... THAT Lanny Cooper be advised of Council's decision. ... "CARRIED" Resolution #C-734-96 .. Moved by Councillor Hannah, seconded by Councillor Elliott .. THAT the correspondence dated September 16, 1996 from Jeannette Shannon, President, Ontario March of Dimes, requesting proclamation of Ontario March of Dimes Month be received; ... THAT the month of January 1997 be proclaimed "Ontario March of Dimes Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and .. THAT Jeannette Shannon be advised of Council's decision. ... "CARRIED" .. .. .. ... Council Minutes - COMMUNICATIONS - D - 4 - Proclamation of Week of the Child M02.GE - - - D - 7 - - Proclamation of World Breastfeeding Week M02.GE - - - D - 5 .. Parking - Orono Park Facility T02.GE .. - - - - - - 5 - September 30, 1996 Resolution #C-735-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated September 17, 1996 from Karen Cashin, President, Ontario North Shore Branch, The Association of Early Childhood Educators, Ontario requesting proclamation of Week of the Child be received; THAT the week of October 20 to 26, 1996 be proclaimed "Week of the Child" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Karen Cashin be advised of Council's decision. "CARRIED" Resolution #C-736-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated September 12, 1996 from Donna Schinkel, Chairperson, Durham Region Breastfeeding Coalition requesting proclamation of World Breastfeeding Week Month be received; THAT the week of October 1 to 7, 1996 be proclaimed "World Breastfeeding Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Donna Schinkel be advised of Council's decision. "CARRIED" Resolution #C-737-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated September 9, 1996 from Ray Bester, President, Orono Amateur Athletic Association regarding the parking fee being charged at Orono Park, be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Ray Bester be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes COMMUNICATIONS D - 8 Municipal Taxes F27.TA D - 6 Endorsement of Two Resolutions re: Funding for Adult Education and National Unity ClO.AD MOTION NOTICE OF MOTION COMMITfEE REPORTS Report :;: 1 G.P.A. Report September 23, 1996 lIIIlI - 6 - September 30, 1996 .. Resolution #C-738-96 .. Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-737-96 be amended by adding the following wording after the word "Works": IlIII "and the Director of Community Services." .. "CARRIED" IlIII The foregoing Resolution #C-737-96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-739-96 .. Moved by Councillor Dreslinski, seconded by Councillor Novak .. THAT the correspondence dated September 6, 1996 from Anthony Laskowsky, Barrister & Solicitor, pertaining to Municipal Taxes, be received; THAT the request be denied; and .. THAT Anthony Laskowsky be advised of Council's decision. ... "CARRIED" Resolution #C-740-96 filii Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated September 10, 1996, from Cheryl V. Tynski, Clerk-Treasurer, the Village of Morrisburg, requesting endorsement of two resolutions pertaining to Funding for Adult Education and National Unity, be received and filed. .. .. "CARRIED" .. .. Resolution #C-741-96 lIIIlI Moved by Councillor Scott, seconded by Councillor Pingle THAT the General Purpose and Administration Committee Report of September 23, 1996, be approved. .. "CARRIED" IIIIIi .. - - Council Minutes REPORTS - Report #2 ... Proposed Amendment to the Development Charges By-law F21.DE - - - - - - - UNFINISHED BUSINESS - - Newsletter - Drink Smart Canada M06.GE - - - - - - - 7 - Septemher 30, 1996 Resolution #C-742-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-130-96 be approved; THAT Council approve the by-law attached to Report PD-130-96, amending Development Charges By-law 92-105 by: i) adding to the list of designated services illustrated on Schedule "B", the development of a neighbourhood park and parkette in Plan of Subdivision 18T-95023, and a parkette in Plan of Subdivision 18T-89037; and ii) adding a new section under "PART II - GENERAL" thereby permitting the payment of the appropriate development charges for the above noted designated services, in money or by the provision of the designated services or by a combination of both as may be agreed upon by the Municipality and the Owner; and THAT a copy of Report PD-130-96 and the decision of Council be forwarded to the Minister of Municipal Affairs and Housing, the Urban Development Institute, the Toronto Home Builders Association, the Durham Home Builders Association, all interested parties listed in Report PD-130-96 and any delegation. "CARRIED" Resolution #C-743-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated August 9, 1996, from Paul Szabo, M.P., Mississauga South, requesting endorsement of a resolution to support Health Warning labels on containers of alcoholic beverages, be received; THAT the Municipality of Clarington endorse "Drink Smart Canada" and the health warning labels initiative; and THAT Paul Szabo be advised of Council's decision. "CARRIED" Council Minutes UNFINISHED BUSINESS Emergency Disaster Plan J.E.P.P. Funding PI6.GE OTHER BUSINESS LACAC Appointments Cl2.LA Regional Update till - 8 - September 30, 1996 lIIIlI Resolution #C-744-96 lIIIlI Moved by Councillor Elliott, seconded by Councillor Dreslinski .. THAT the Addendum to Report FD-17-96 be received; THAT no funds be expended until the Province confirms eligibility of the project; .. THAT if the Province confirms grant eligibility, the project costs be reviewed and finalized in a report back to Council; and .. THAT Council earmark the required funds (approximately $200,000 based on the submitted proposal), from the Hydro Escrow account #5001-50-X, the balance of which is approximately $2,000,000. lIIIlI "CARRIED" lIIIlI Resolution #C-745-96 .. Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the following individuals be appointed to the Local Architectural Conservation Advisory Committee: ... Paul Halminen Simone George Victor Suppan ... for a term ending November 30, 1997. .., "CARRIED" Councillor Dreslinski was pleased to advise that the Clarington Official Plan has received approval. She also informed Members of Council that the Durham Federation of Agriculture conducted an excellent tour for Members of Regional Council on Friday, September 27, 1996. ... .., Councillor Hannah noted that, although its being inconvenient for the moment, the Highway #2 Reconstruction Project will have long term beneficial advantages to all. .. Councillor Elliott noted that there will be an open forum on Workfare to be held on October 16, 1996 in Whitby, .. Mayor Hamre stated that three members of staff will be liaising with Laidlaw pertaining to their request to have a Transfer Station in Clarington. .. III .. ... Council Minutes - OTHER BUSINESS - CommitteelBoards Update - - - - - RECESS - - - - - - - - - - - - 9 - September 30, 1996 Councillor Dreslinski advised that the Newcastle Hall Board will be celebrating its 75th Anniversary in 1998 and the Orono Hall Board will be celebrating its 100th Anniversary in 1998, and plans are already being undertaken towards these events. Councillor Dreslinski noted that the United Church, on its 116th Anniversary, was presented a plaque for Heritage Designation by LACAC. Councillor Novak announced that the Bowmanville Museum will be holding a craft sale on Saturday, November 16, 1996. She also noted that Courtice Corners Plaza will be holding its official opening on Saturday, October 5, 1996. Councillor Pingle announced that the Bowmanville Museum Tea was a successful event. She also noted that the Visual Arts Centre has been very active during the summer with various activities. Councillor Scott advised that Newcastle Village will be holding its Fall Festival on October 5, 1996 and the Tyrone Mill will also be celebrating its anniversary. Resolution #C-746-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 7:50 p.m. Resolution #C-747-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the meeting be "In Camera" to consider a personnel issue. "CARRIED" Resolution #C-748-96 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the actions taken "In Camera" be ratified. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Minutes BY-LAWS lIIIlI - 10 - September 30, 1996 .. Recorded Vote Yea Absent lIIIlI Nav Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre III lIIIlI lIIIlI Resolution #C-749-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski .. THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: .. 96-168 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Ridge Pine Park Inc.); .. 96-169 being a by-law to designate a certain portion of Registered Plan 40M-1852, as not being subject to Part Lot Control (Halloway Holdings Limited); .. 96-173 being a by-law to authorize a contract between Brooklin Bulletin Publishing Company Limited, Brooklyn, Ontario, in respect of the Marketing, Sale of Space and Production of Rink Board Signs for the Garnet B. Rickard Recreation Complex and the Darlington Sports Centre; and .. .. 96-174 being a by-law to amend By-law No. 92-105 (the Development Charge By-law), as amended, to permit a credit to be given against the amount of the development charge for the provision of a designated service and to add the development of a parkette to be located on lands comprising Block 318 on draft plan of subdivision 18T-89037, and the development of a neighbourhood park and a parkette to be located on the lands comprising Blocks 305 and 306, respectively, on draft plan of subdivision 18T-98023 to the list of "designated Services." .. .. "CARRIED" .. Resolution #C-750-96 .. Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 96-168 to 96-174 inclusive, be approved. .. "CARRIED" liliiii .. - Council Minutes - CONFIRMING BY-LAW - - - - - - ADJOURNMENT - - - - - - - - - - - -11- September 30, 1996 Resolution #C-751-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 96-175, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 30th day of September 1996, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-752-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 96-175 be approved. "CARRIED" Resolution #C-753-96 Moved by Councillor Novak, seconded by Councillor Scott THAT the meeting adjourn at 9:05 p.m. "CARRIED" MAYOR CLERK - COUNCIL INFORMATION ltl "1lI1lIllI11' Ontario Ministry of Transportation Office of the Minister Ferguson Block, 3rd Floor 77 Wellesley 51. West Toronto, Ontario M7A 1Z8 (416) 327-9200 - Ministere des Transports Bureau du ministre Edifice Ferguson, 3e etage 77, rue Wellesley ouest DCT ,I Toronto (Ontario) '1 M7A 1Z8 (416) 327-9200 2 28 PH '96 - October 2, 1996 - Ms. Patti L. Barrie, Clerk Municipality of Clarington 40 Temperance Street Bowmanville,Ontario L1C 3A6 - - Dear Ms. Barrie: - - On behalf of the Honourable Al Palladini, Minister of Transportation, I would like to acknowledge and thank you for your letter of September 18, 1996. - Please be assured that your correspondence will be forwarded to the minister for his attention. Sincerely - .. ~l~~~ Nancy c~wford Executive Officer - - . .._, ,~1.-" -' ~'.~;., rl1s-rRlt~i~J'TtONJ. '4..f . ~.' , ':;; ~, i;~~;,. ..,~~___-~---'_....~ - 3Y 4_.____---..- i~qt:~; NJ.\i.. i.',~: ~._,~;,'.-,::;::::"==-Jf ~,. .., ." ... - --~l - - -.........,--.....; .." --,...; - C'(D. r96:-'~,JI ',' - Made from recovered materials Fait de materiaux recuperes 1-1 J ... .. CLARINGTON MUSEUMS/CLARKE MUSEUM & ARCHIUES PRESS RELEASE COUNCIL INFORMATION AGENDA 1-2 FALL EUENTS AND EXHIBITIONS...1996 .. SEP 30 GIANT SECOND HAND BOOK SALE...SEPT 28...10am to 2pm...Thousands of books to choose from. Every theme and topic. Hardbacks are 25 cents each or 5 for a loonie. Paperbacks are 10 cents each, magazines just penny. Also records and CD's just 25 cents. Something for everyone. No sales or browsing before 10am. II 54 AN '96 - CHAIR CANING WORKSHOP...OCT 2 TO NOU 20...REGISTRATION IS NOW FULL. - - PREPARING FOR A UICTORIAN CHRISTMAS IN THE 19TH CENTURY...NOU 23...Co-hosted by the Ontario Historical Society and Clarke Museum...REGISTRATION IS NOW FULL...A WAITING LIST IS BEING MAINTAINED IN THE EUENT OF A PARTICIPANT'S CANCELLATION. _~ _____... __h_.__._ ______..._...~.._~~.. - CIa ring ton Museums/Clarke Museum 7086 Old Kirby School Road Hwy 35/115 at Regional Road #9 Kirby, On. I DI~;TRIBUT10N f' " ('I ,- P!/ I HALLOWE' EN.. .Opening on October 2nd, a special exhibition of I ~::~''';;~._----_.__. f' artifacts, photos, and archival materials highlighting Hallowe' en. 1 '"','.'''' ------..- I: Explore the facts and fantasy of the last of our pagan festivals. I nRlt~:1I(Al TO:_ . -.' .._ t The origins Of. Hallo~e' en and its ~evelo~ment ~n Nor~h A~erica. l"-c;:;i::i'i~:'- ,0 " r Explore the unIque hIstory of the PumpkIn Bee and Its Importance ;'7;--'-' ---.- "':'- J 7/T'---....:. to the early settlers of the area. The exhibit is open daily L~..~ . A--L_-__({d".-.::;:p. J., except Mondays, Oct 2nd to Nov 5th., 11am to 4pm. !' ~. ~=A.-~.oz-_~ ?!..;hc L.. .', 7".~__~_".___J I ~ i-.... '''. '..,.-. -----f ! f ( -. ,.,..-l------l r---p '..---'r-'--'--~"'~ !~_:-. ':'()o'3',.. ::-.~.':-;;~=~.-. ..-~. J 11 l _~ LT _t;:--~,~.. & Archives '\ - - - 905-983-9243 .. . - - .. - - - - .. - ... - - - - - - ... ... - ... - - - - - - .. RMATION September 7, 1996 1-3 SEP 30 Federation of Federation Canadian canadienne des Municipalities municipalites , COMMUNIQUE .;"\ {fYc fNDJI fiu ' FCM AND PROVINCIAUTERRITORIAL MUNICIPAL ASSOCIATIONS UNANIMOUS IN CALLING FOR RENEWAL OF CANADA INFRASTRUCTURE WORKS PROGRAM Whitehorse, Yukon - The Federation of Canadian Municipalities (FCM) together with provincial and territorial municipal associations from across Canada today urged other orders of government to support Phase " of the tripartite Canada Infrastructure Works (CIW) program. The position was adopted at a meeting of FCM's National Board of Directors in Whitehorse, Yukon. The Presidents of the associations stated that Phase " must focus on renewal and construction of traditional municipal infrastructure, give priority to projects which improve the economic competitiveness of Canadian communities, maximize secondary investment from the private sector, stimulate employment and promote investment in energy efficiency, environmental protection and innovative technologies. They also stressed that Phase" should build on the strengths of the first phase of the program: municipal sponsorship must be retained and the program must be accessible to all regions of the country. They agreed to carry this message direct to provincial/territorial and federal ministers. While FCM was delighted with the August 23 agreement at the Annual Premiers Conference that a new program should proceed, municipal leaders are gravely concerned with the suggestion that the model become bipartite, thus downgrading participation of municipal governments. "We paid our one third share in Phase I." commented FCM President Bryon Wilfert. "Municipal government must remain a full partner in the future." "Phase I was a highly successful tripartite program, initiated by FCM, which created assets of lasting value while generating employment for over 100,000 Canadians. At FCM's Annual Conference in Calgary, in June, six federal Cabinet Ministers, including the Prime Minister, praised the program as an example of how all three orders of government can work together to the benefit of all Canadians," stated President Wilfert. An independent evaluation of Phase I is about to be released. FCM believes the evaluation will show that the initial program achieved its objectives, that the projects supported were overwhelmingly of high priority and high quality, that administrative costs were minimal, that the employment benefits met projections and that the tripartite model was effective. - 30- For more information, please contact: Stephane Blais, Policy Analyst FCM Secretariat: (613) 241-5221; fax: (613) 241-7440; e-mail: sblais@fcm.ca ... - ~ ~=r= Ontario COUNCIL INFORMATION 1-4 - LEGISLATIVE ASSEMBLY SEP Z6 II 02 AH '96 - - - - - .. .. .. .. - .. - - - - - JULIA MUNRO, M.P.P. Durham-York September 19, 1996. Queen's Park Office: Room 4610 Whitney Block Queen's Park, Toronto Ontario M7A 1A1 Constituency Office: Ballantrae Plaza P.O. Box 9 R.R. #3, 5touffville Ontario l4A 7X4 Tel. (905) 640-3753 1-800-263-7411 Fax (905) 640-5180 Ms. Patti L. Barrie, Clerk, Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6. Tel. (416) 314-5741 Fax (416) 325-3809 Dear Ms. Barrie: This is to acknowledge I am in receipt of your recent copied correspondence and Clarington Council Resolution concerning CN's rationalization of rail lines. I read this material with considerable interest because I believe that railways are an integral part of Canada and serve as a vital link in this country's freight and passenger transportation infrastructure, especially for our rural communities, which depend on rail transportation to maintain integral industries. As you know, the Minister of Labour repealed the previous government's Bill 40 and amended provincial labour laws. The repeal of Bill 40--the NDP labour law which took effect on January 01, 1993---removed a major barrier to investment and job creation in Ontario and fulfilled a commitment by Premier Mike Harris to restore the balance to labour relations in Ontario. The government is confident this action will help the province attract new business investment and generate new job opportunities for Ontario workers. As well, our government was concerned that the 'successor rights' portion of the former NDP government's Bill 40 sent an unfortunate pro-union message to business and made it uneconomical for short-line operators to take over abandoned rail lines. On October 03, 1995, the Minister of Transportation introduced a new Railways Act aimed at making it easier for private investors to set up new short-line rail services and create jobs in Ontario. The Minister indicated he is confident short lines give the province a method to keep freight moving by rail because their small, flexible workforces and low operating costs enable them to tailor their services to shippers' needs. In conclusion, I want to assure you I support Clarington Council's efforts to maintain rail service. I firmly believe the purchase or alternative use of these lines would energize the economy, create jobs, maintain vital links to rural communities and prove to be an environmentally acceptable method for passenger and freight transportation. My thanks for taking the time to keep me apprised of Clarington Council's interest in important issues of mutual concern. -. ,- , \: '\ ' l~' (1\-::;; .LN; ~ ; . , siDferelY yours, Cj,Jpv ~/H" Julia Munro, M.P.P., Durham- York. , ,;.... " (\ ,,J \ ~ --~ --T' ! \ --.......-;-....( t0J\ ICJ i \ : i----- JM/ss >_ :M' .. ,....~ " \!' -"' ... - .', , * .. COUNCIL INFORMATION 1-5 - NOTICE OF PROPOSED DECISION OF THE COUNCIL OF THE REGIONAL MUNICIPALITY OF DURHAM I 4 02 PN '96 WITH RESPECT TO THE PROPOSED OFFICIAL PLAN OF THE MUNICIPALITY OF CLARINGTON - - Subsection 17(22) of the Planning Act The Council of the Municipality of Clarington adopted a proposed Official Plan of the Municipality of Clarington, on January 29, 1996. The Council of the Regional Municipality of Durham, as the approval authority, made a proposed decision on September 25,1996 to modify and to approve the proposed Official Plan as modified. - - PURPOSE AND EFFECT: - The proposed Official Plan of the Municipality of Clarington, consisting of text and maps, provides a structural framework for development in the Municipality of Clarington to the year 2016. WHEN AND HOW TO SUBMIT A REQUEST FOR REFERRAL: - Any request for referral to the Ontario Municipal Board of all or part of the proposed decision of the Council of the Regional Municipality of Durham, with respect to the proposed Official Plan must be received by the Regional Clerk no later than 4:30 pm. on October 30, 1996. .. The request should be addressed to the Regional Clerk, Regional Municipality of Durham, at the address shown below and must; - 1. set out the specific part or parts of the proposed official plan to which the request applies; 2. set out the reasons for the request for the referral; and .. 3. be accompanied by a cheque, payable to the Ontario Municipal Board, for $125.00. .. WHO CAN REQUEST A REFERRAL: - Only individuals, corporations or public bodies defined in the Planning Act may request that the Regionai Municipality of Durham, as approval authority, refer all or part of this proposed decision to the Ontario Municipal Board. A request for a referral may not be made by an unincorporated association or group. However, a request for referral may be made in the name of an individual who is a member of the association or the group. - WHEN PROPOSED DECISION IS FINAL: - If the Re-glonal Municipality of Durham does not receive any requests for referral in respect of all or part of the proposed decision upon lapsing of the deadline noted above, the proposed decision, or the part of it that is not the subject of a request for referral, will be final. - - Information about the proposed Official Plan and the proposed decision is available for public inspection during office hours at the Regional Municipality of Durham Planning Department, 1615 Dundas Street East, 4th Floor, Lang Tower, West Building, Whitby Mall, Whitby, Ontario. Please call Jeff Brooks, Planner, at (905) 728-7731 (Whitby Line)/(905) 686-1651 (Toronto Line), if you have any questiors. .. - .. ... MAILING ADDRESS FOR REFERRAL REQUEST The Regional Municipality of Durham Regional Headquarters Building 605 Rossland Road East PO Box 623 Whitby, Ontario L1N 6A3 .. ... Attention: Mr. C.W. Lundy Regional Clerk .. .. I . 'i)\i.:il:t~i'8U~T'iO"N'--jli .. . ': :-- \~ ~. IJ~_1 .\.\ .~_..._~_. __~"4_..__ '.':~~k. j'{ __....-___.....___..--- .. '.iRl(;!N.I\l TO: ______ ! r~i~[~~rS-, :m--'. --.----.---; .._~ till !._._._~- -~-'-f~ !,=~,,-~~~~~:,"j ... !..?'~'-' ---.~.--~-r~--..~-. ':. --'.. .-... .'d',".>,__.,,_,_.' ....+2--.." " . ' '. ~---_._.... .--......-j---.----:: .. I CoO ,;7,5;,' CJ;:.:: .. till ... ... .. .. .. lIIIlI .. COUNCIL INFORMATION 1-6 - I~I .. Durham Region Works Department Liberty Street and Concession Street Intersection Construction Newsletter - ~ ~ - SIGNALIZATION AND ROAD IMPROVEMENTS LIBERTY STREET (REGIONAL ROAD 14) AND CONCESSION STREET,INTERSECTlON IN BOWMANVILLE, IN THE MUNICIPALITY OF CLARINGTON REGIONAL CONTRACT WD140-96 - - September 26,1996 To improve safety and reduce congestion, the Region of Durham will be installing traffic control signals and completing intersection improvements at liberty Street (Regional Road 14) and Concession Street starting during the week of September 30,1996. This work will include the following: - - ... @ ~ - . . . left turn lanes in all directions; Improving the north-south alignment of liberty Street; Extending the existing trunk water main westerly through the intersection; Replacing the water main immediately north of Concession Street; Extending the storm sewer along Concession Street across the intersection; and Replacing a short section of sanitary sewer on Concession Street just west of liberty Street; . . . - In 1997 the final layer of top asphalt will be added over the complete intersection. CONSTRUCTION - - - - - - - - UBERlY STREET CONSTRUcnoN SEE BEGINs t:....... PTa.fBER 30 ""''''€cr O€LA Ys The contractor, Miwel Construction limited, will be mobilizing their equipment and personnel on site to commence work in the week of September 30, 1996 and will complete the project by the end of November, 1996. During construction, Liberty Street (Regional Road 14) and Concession Street east of Liberty Street will remain open to traffic. At times traffic will be disrupted and delays can be expected. The contractor may also seek permission from the Municipality of Clarington to close a short section of Concession Street immediately west of the intersection. We realize that this construction will be disruptive, however this work will be completed as soon as possible. Adverse weather conditions could cause the project to take longer to complete. All roadways, boulevards, driveways and lawn areas that are disturbed by construction work will be restored in kind. ~~ l c c c J[ , L r -[~ f \tJJ UETIJ STREET ) I I Bowmanville, Town of Clarington QUESTIONS? Should you have any questions and/or problems, please call during regular office hours (Monday to Friday - 8:30 a.m. to 4:30 p.m.) 905- 668-7721 or 1-800-372-1103 . Project Inspector, Construction Project Supervisor, Construction Construction Manager, Construction Chris Worona Bill Ford Jim Minorgan Project Coordinator, Design Project Supervisor, Design Ron Trewin Mike Wilson After hours emergency calls should be directed to (90S) 576-9991. Thank you for your patience and co-operation in this marter. .. lIIIlI lIIIlI ... ... ... ... lIIIlI .. ... .. ... lIIIlI ... - lIIIlI ... IIllii .. - - - - - ( ',Hil1,'illor Bryon Wilfert Ri,hmol1d Ilill. ()m'H;,' Prl'~i(k'IH .. Pr~~idtnt DCl'ut\' Mayot Jae Eadie _ \\'il1l1ipeg, Mal1itoh,l hr.q \'ice-PrcsidcIll Prcll'.icr vicc-pn?sidcnr _ \ Lmc \upplbm Claude Cantin Quebec (Quehed Dc'tl:\i~me vice-prl;sidenr SC(<Jnd Vice-President - \ 1.""[ Leopold Belliveau \L);~-':[Qn, New Brlllb\\i...-k .. nl!:-,-: Vice-President Tr~"'1:<cme vice-prl~~idl>l1r \1.<"." John us _ l~h>,'ack, British C'"IUiC,hi., 1',;,< . ~,-'sidcnr Prc<2clH sorram - .lame, W. Knight E\~~ .::i\'t' DircCfl'- lliC,,,"ut gOI1,'ral - - - - - - @ ... IBm COUNCIL INFORMATION Fcdcration of Canadian Municipalities Federation canadicnne des municipalites 1-7 SE? 26 II 02 ~11 '96 September 20, 1996 Memorandum To FCM Members REQUEST FOR RESOLUTIONS FOR CONS:O:::RA TION AT FCM'S NATIONAL BOARD OF DIRECTORS MEETING IN DECEMBER 1996 The Federation of Canadian Municipalities' Standing Committee on Policies and Resolutions and the National Board of Directors invite the submission of resolutions on subjects of national municipal interest for debate at the December 1996 meeting of FCM's National Board of Directors. FCM will take a stand only on issues which are clearly of national municipal interest and which fall within the jurisdiction of the federal government, the provincial and territorial governments acting at the interprovincial level, or FCM itself, Indirect municipal issues and local/regional issues will not be supported by major research and lobbying activity, unless otherwise directed by the Annual Conference or by FCM's National Board of Directors. Resolutions should meet the enclosed guidelines and should be received by FCM no later than November 7, 1996 in order to be presented to FCM's Standing Committee on Policies and Resolutions on December 5, 1996. The Standing Committee on Policies and Resolutions and the National Beard of Directors apprec!stes the cooperation of all members in adhering to the enclosed procedures when preparing their resolutions for submission. We look forward to hearing from you. /1. L '~.' 1l3......~... f.c'U. cJ L ' ., l~ ______ . C A dree Pinard . '.; ,'~' D Resolutions Policy Analy . . ". ,--.' Enclosures . l'" 24. rlle C1arellce Sneer, ()ttawa, Omario KIN 51'5 Tekl'hone/Tt'lephonci ((,15) 241~5221. Fax/Telecol'icuri ((,15) 241.7440 IIHcrn:Hional ()fTicl'/Burc;lu international: Tckl'llOlIelTelt'l'honei (() 15) 241 ~H4H4 . Fax/TCleUll'ieur: ((, 1.\) 2'11.7117 CC',' q, (Q ... GUIDELINES FOR PRESENTATION OF RESOLUTIONS TO THE FEDERATION OF CANADIAN MUNICIPALITIES .. It is by way of resolutions that Municipal, Affiliate and Associate Members bring their concerns to FCM for consideration at the Annual Conference, held in June of each year, or at meetings of the National Board of Directors, held in September, December and March. ... Resolutions may be submitted by any municipality or provinciallterritorial municipal association which is a member in good standing of the Federation of Canadian Municipalities. lIIII All resolutions endorsed at the Annual Conference or at the National Board of Directors and which require action from the Government of Canada, shall be submitted to the appropriate minister, department or agency for response. .. It is therefore important that resolutions be carefully worded so that FCM is directed to take the appropriate action and that the proper message is conveyed ... CONSTRUCTION OF RESOLUTIONS ... All members are urged to observe the following guidelines when preparing resolutions for submission to FCM: a) FCM will take a stand only on issues which are clearly of national municipal interest and which fall within the jurisdiction of the federal government, the provincial and territorial governments acting at the interprovincial level, or FCM itself. Indirect municipal issues and local/regional issues will not be supported by major research and lobbying activity, unless otherwise directed by the Annual Conference or by FCM National Board of Directors. .. ... b) The descriptive clauses (WHEREAS...) should clearly and briefly set out the reasons for the resolution. If the sponsor believes that the rationale cannot be explained in a few preliminary clauses, the problem should be more fUlly stated in supporting documentation. ... c) The operative clause (BE IT RESOLVED...) must clearly set out its intent stating a specific proposal for any action which the sponsor wishes FCM to take. (i.e. BE IT RESOLVED that FCM urge/endorse/petition...) The wording should be clear and brief. Generalization should be avoided. ... d) . Background information such as Council reports should be submitted with the resolution. When a resolution is not self explanatory and when adequate information is not received, FCM staff may return the resolution to the sponsor with a request for additional information or clarification. ... e) ... Proof of endorsement by the sponsoring council must accompanv the resolution. CATEGORIZATION OF RESOLUTIONS The Standing Committee on Policies and Resolutions will review the resolutions received and categorize them as follows: ... Category A: Category B: Category C: Category 01: National municipal issues Local/regional municipal issues Issues not within municipal jurisdiction Matters dealt with by FCM in the previous three years and that are in accordance with FCM policy Matters dealt with by FCM in the previous three years and that are NOT in accordance with FCM policy ... ... Category 02: .. ... .. - - SUPPLEMENTARY INFORMATION - The Standing Committee on Policies and Resolutions is responsible for receiving and taking action on all resolutions in accordance with the above stated guidelines. - Resolutions which fall within the mandate of an FCM Standing Committee or Task Force will be reviewed by same for the purpose of presenting recommendations to the National Board of Directors or the Annual Conference. Standing Committees and Task Forces are responsible for ensuring that resolutions are compatible with existing policy statements and approved resolutions. - - THE DEADLINE FOR SUBMISSION OF RESOLUTIONS TO FCM'S NATIONAL BOARD OF DIRECTORS AT ITS NEXT MEETING IN DECEMBER 1996 '5 NOVEMBER 7, 1996 - - The Standing Committee on Policies and Resolutions stresses that resolutions received after the deadline cannot be processed in time for inclusion in the Board Book and will be held for action by the National Board of Directors at its meeting in March 1997. - For more information please contact Andree Pinard, Resolutions Policy Analyst at the FCM Secretariat. Telephone: (613) 241-5221; fax: (613) 241-7440. - .. - n:',,;-r,"R' is: IT'iO"lJ ! .-. ..~. ,,~ . .... I , ::l~F:'{ ---.---------.---- 1 /~l);.:.. dY ,.__.~__.__..___... ... i ~iF,~iC~~;.qL TO: ..-...___-._.u...... .~ Lit:";; , . ; '.1; ... ; : .." -_'__"_.~.._.......,.. .~._..-._..-. "r_ - . - --"'-~.-~t~~-~- ~=l , . - .-.- -,.---'. -.-.---..... I ". --~.. - -1-------.-.--:. j I -- ---.'.--.1--.----.---..-~ ~ ~ . - (; .(!~-1.~ _(;,Q~~~::"~; - - ... ... Ministry of Agriculture, Food and Rural Affairs Ministere de l'Agriculture, de l'Alimentation et des Affaires rurales COUNCIL INFQRMATION 1-8 Ontario - OCT Z 2 22 PH '96 - (416) 326-3426 - September 24, 1996 - .. To All Municipal Offices Clerk - Treasurers Administrators - Dear Sir/Madam: Re: 1996 Farm Tax Rebate Program - .. The preparations of the 1996 Farm Tax Rebate Program is almost complete and we have started the printing of the 1996 applications/declarations forms. The mailing of these forms is due to start by the end of September 1996. There are a number of changes to this year's program: - 1 . CHANGE OF ADDRESS - In August the program moved and the new address is, 90 Sheppard Avenue East, 6th Floor, North York, Ontario, M2N 6W5. The telephone numbers remain the same. - 2. EXPRESS PAYMENT - Proper~y owners who have a valid 1996 Farm Business Registration number and there is no change to the property status in the last two years do not have to complete an application form. Instead these owners will receive a cheque or direct deposit based on the information we have on file. The rebate amount is based on the 1996 millrate and the 1996 assessment. ... 3. r-:':;ILERS - - When the Express Payment is processed a mailer (envelope with a letter printed inside) will be sent to these clients. The mailer explai~s that a cheque will be mailed in approximately 10 days and fc~ direct deposit the payment will be deposited to the bank accour.~ that is on file. - - ~~J 00''';0, 'he,.'s 00 laste hke home l~i ~...,o 0'" Un bon gout de chez nous 't'"lE::&" .. .. - 2 - .. 4. PREPRINTED INFORMATION .. The owner and property information currently on file will be preprinted on the application forms before mailing. The .. applicants will be asked to verify/correct the information, sign the form and return. 5. DIRECT DEPOSIT - Participants who have provided a bank account for direct deposit, will be required to have all owners sign the back of the form to confirm agreement that the rebate can be deposited to the bank account provided. Forms that do not have this section completed will be issued a cheque in place of direct deposit. ... WHAT REMAINS THE SAME .. To be eligible for the program, the farm operation or that of the tenar.: must generate a minimum gross income of $7,000 for income tax p~rposes. The owner or tenant must have a valid (paid) 1996 Farm 3usiness Registration number. The crop/livestock must be eligible. The deadline date is DECEMBER 31, 1997. The age and illness exemptions are still in effect. lIIIlI .. We a~e enclosing the fact sheets for this year's program. .. The a2dress and telephone numbers for the program are as follows: ~o Sheppard Avenue East -::h Floor :;,:,rth York, Ontario :-:2N 6W5 lIIIi lIIIlI ~elephone numbers 1-800-469-2285 416-326-9900 IIiII ::-ench line 1-800-333-9723 416-326-9968 '~ ",\. ... ,,:= \'~" have any further questions please contact our offic~ \ ,-, .. \'~",.:::: -~uly -...........-:" -- , .. ~ ''I I //".' ~. ~~~~ Be~~~2:t uz ese 1'-: 3. :~ 3. ::; -2 :- \J ~ \; \~ 0( o . \ ~ lIIIi IIiII I. ~ .. .. Ministry of Agriculture, Food and Rural Affairs Ministere de l'Agriculture, de l'Alimentation et des Affaires rurales @ Ontario - Farm Assistance Programs 10 Alcorn Ave, SUite 100 Toronto ON M4V 3B3 Direction des programmes d'aide aux agriculteurs 10, ave Alcorn, Bureau 100 Toronto ON M4V 3B3 .. (416) 326-9900 Fax (416) 326-3507 1-800-469-2285 - - August, 1996 - Dear Farm Tax Rebate Participant: - - Please rmd enclosed your 1996 Farm Tax Rebate application. We are pleased to inform you that again this year we have made improvements to our service to you. .. Program Eligibility: To be eligible for the 1996 program, your farm operation or that of' your tenant must generate a minimum gross income of $7,000 and you or your tenant require a paid Farm Business Registration Number for 1996. Applications received which do not meet these criteria will not be processed. .. - Rebate Amount: Payments cannot be made unless we have received both the applicable mill rates and your signed returned form. Rebates remain at 75 % of eligible taxes. As of the date of this lener, not all mill rates have been received by this office. All mill rates are usually received by the end of September. ... Application: Information received on your 1995 form has been pre-printed for your review. At the left side of the form below the address we have added a Change Information box. Please assist us by ticking the right box. This will help us to process your form quicker. Please confIrm that the declaration statements on the bottom of page 1 are correct. If your information, as listed, is inaccurate, please make corrections on the face of the form, verify 1 add your Social Insurance Number and sign the back of the form before returning it for processing. - - - Direct Deposit: Participants who have provided bank account or other numbers for direct deposit, will be required to have all owners sign the back of the form to confmn agreement with the bank/other number indicated. Forms received which are not completed in this space. will be issued a cheque in place of the direct deposit. Participants who remain on the direct deposit file will receive a mailer envelope confirming the deposit. - - Thank you for your anticipated support of these changes. ... ~~6 Ontario, thara's no tas,alike homa \~. '.':..odt' Un bon goUt de chez nOU5 ~~ - 1996 FARM TAX REBATE PROGRAM The Fann Tax Rebate Program provides municipal tax rebates to (I) eligible owners of farm properties in the Province. The rebate will be 75 per cent of property taxes levied on eligible 1:1fmland and outbuildings. No rebate will be paid for taxes levied on fann residences and one acre of land. ... APPLICATION INFORMATION ... Deadline Date - December 31, 1997 Exception: Where the assessment of a property is under appeal with the Assessment Appeal Board, the applicant has three months following the resolution of the appeal to submit an application. ... (2) Rebate Amount: The 1996 rebate amount is calculated ELIGIBILITY REQUIREMENTS based on current 1996 a,sessment values for each separately assessed property. You will receive 75% of eligible taxes based on the 1996 Farm Assessment: The property must be assessed as municipal mill rate levied by your municipality. (I) farm. (2) \'alid Farm Business Registration Number: The Farm Registration and Farm Organization Funding Act requires that you have a val id registration number to benefit from designated Ministry progranl. Farm Tax Rebate applications will only be paid if they include a valid 1996 registration number for the farm business that is operating the property, Exceptions for requiring a Farm Business Registration Number include: objections due to religious beliefs and age/illness exemptions. (3) Canadian Citizenship: The property must be owned by a Canadian citizen or a permanent resident of Canada. Where the propen:- is ,'wned by a partnership or corporation, more than 50 per cent must t-e c,)ntrolled by Canadian citizens or permanent residents of Canada. (4) Eligible Farm Production: The property must be in eligible agricultural production in 1996, All livestock, crop and horticulture i3ITI1 products are eligible as well as: Horses' ,quaculture Sod Ltmamental Fur R..llites Christmas Trees Buffalo Ranching Market Gardening . HORSES Only the sales of horses born and raised on the farm are eligible re" 'ses purchased and resold are eligible only if they have been use.:! 2.; ~reeding stock, or held on the farm for 60 days and sold 2.S me3t Custom W,", ,s not eligible to be included in your gross farm income, (5) Farm Income Greater Than S7,OOO: The property must be in pr,),L::J0n and be used as part of a farming operation with a gre'ss i3J1r, i~:,'me of at least $7,000 in a normal production year. Pr,'perT: re~:ej to a tenant farmer or a farming operation is eligible pre'\ Jded l': :-ented property is in production and the tenant farmer or 12.'TI1 Qperd~:' has a gross farm income of at least $7,000, \\hen Jnci~.:.,~g revenue from the sale of livestock, the animals must ~2\: beee -; ~ on the fann property for at least 60 days (except ior ,: ~:~" .L~c 2.' ::nals born on the farm). bemplJOO :.::rtain exemptions arc allowed for individuals who do c,': mee: l', ;-,)SS farm income because of age, illness or death of the rr .'~,'n\ ,'I. -.,-- Qr spouse. To be eligible, the following conditions 1."".>: t-..: r:~.:' L-e ~ '. :->e:1\ is still in some faml production JS C," - cd above. ~e :---:'="=11} owner must have farmed the pre'0'-:-' and met the gross production criteria f." ~. ':.l.St 10 years. ... If you paid additional taxes under the Provincial Land Tax Act, Local Roads Boards or Local Service Boards, please attach a photocopy of the tax bill and notice of assessment to your application. Rebates exclude special charges not levied by mill rate (ie: tile drainage, local improvements etc,), III lIIIlI The minimum total rebate amount that will be processed is SIOO inclusive of charges under the Provincial Land Tax Act, Local Roads Boards or Local Services Boards. lIIIlI (3) Verification of Eligibility - Audits: A number of program applications are audited annually. If you are selected for audit, you will be required to provide additional information including copies of your income tax return and your farm income and expense statement, If you receive rebates which are later found to be ineligible, they must be repaid. ... .. (4) Change of Assessment: If you convert your fann property - or pan of it - to a non-farm use that changes the assessment to non- farm, the rebates received in the previous 10 years must be repaid, with interest. .. (5) Change Of Ownership: When a propen:-' changes ownership, the division of the rebate shall be decided by the seller and buyer of the property. .. (6) Farm Tax Rebate Appeal Board: Farm owners who have had their request for the Farm Tax Rebate denied may appeal to the Farm Tax Rebate Appeal Board. The board is made up of farmers from across Ontario. Applicants will be charged a $50 appeal fee that is refundable if the appeal is successful in whole or in part. .. (7) More Information Ahout The Program ... If you have any questions about this program, please call us, or write to: Ministry of Agriculture. Food and Rural Affairs Farm Tax Rebate Program 6th Floor 90 Sheppard Ave, East North York, Ontario M2N 6W5 .. Phone: (416) 326-9900 .1-800-469-2285 ... Please provide your property owner identification number or your property roll number(s), shown on the front of the application form lilt Under the Freedom of Information and Protection of Privac\ Act, stan' can only release personal information to Ule registered property owner(s). If you are requesting information on a propen:-' other than your own, we require written consent from the owner(s). including their address and telephone number ... ... ... ..'~ 'it,f~~11: f\ ~lnT~\ COUNCIL INFORMATION": ,:,:.":.:_:;1. \ J-tVI_9 Nuclear Fuel Waste Environmental Assessment Panel .. :Er 3 lJ 1936 - - News "" ,:'turf Of CLARINGTON e lease"'YlIK>unM - ~., t"""'i. "/M n ,1 :~....~ 1.\ f.'. ,i.:..t. .~~'" ..;._ ~ ';)', t....J.j iA - PHASE II PUBLIC HEARINGS FOR NUCLEAR FUEL WASTE MANAGEMENT AND DISPOSAL CONCEPT RESUME - Ottawa -- September 25, 1996 -- Phase II public hearings to review Atomic Energy of Canada Limited's (AECL) proposed nuclear fuel waste management and disposal concept are scheduled to resume in Toronto from November 18 - 21, 1996. The federal environmental assessment panel reviewing the waste management and disposal concept today released a detailed schedule for these hearings. The hearings will permit discussion of new information submitted or referenced by AECL either in the Response to Request for Information ('Aay 1996) or during the earlier Phase II hearings held in June. In particular, the panel is seeking participants' views on whether or not they wish to supplement or modify their previous assessments of the safety and scientific acceptability of the concept based on this new information. - .. .. The format for this session will consist of detailed presentations by the proponent on each topic the first session of each day, followed by a question and answer period. Presentations by the public to the panel will be scheduled for the second session of each day, The list of scheduled topics is attached, along with corresponding questions to guide the presentations and discussions. - - Anyone wishing to address the panel during these public hearings should register with the panel's secretariat using the attached coupon no later than November 1, 1996. Participants who register after that date will be added to the schedule if time permits. All participants are urged to keep their oral presentations to 5-10 minutes in order to permit more time for questions and answers. Observers are not required to register. .. - Participants are encouraged to provide written submissions by November 1, 1996. This will allow the panel and other participants the opportunity to review t,he information and to prepare questions. Full transcripts of all sessions will be made available. ... On September 16. 1996, the panel's Scientific Review Group (SRG) released an Addendum to supplement its October 6. 1995 report. The Addendum, prepared at the request of the panel, provides the SRG's overall integrated assessment of the AECL concept as further outlined and documented by the new information made available by AECL following the release of the Environmental Impact Statement in 1994. Copies of the SRG Addendum are available from the secretariat. - - Phase III hearings, scheduled to begin in mid-January 1997, will consist of community visits in New Brunswick:. Quebec, Ontario, Manitoba and Saskatchewan where participants will have an opportunity to provide their final opinions and views on the safety and acceptability of the concept for disposal of nuclec.r - fuel waste including any other issues relevant to the panel's mandate. The schedule will be announced at a bter date. ... - 30 - I~I Govemment Gouvemement of Car,ada du Canada Canacm ... lIIIlI lIIIlI Ghislaine Kerry r nformat ion Officer Panel Secretariat Nuclear Fuel Waste Management and Disposal Concept Review Canadian Environmental Assessment Agency ~OO Sacre-Coeur Blvd Hull, Quebec KIA OH3 Guy Riverin Executive Secretary Panel Secretariat Nuclear Fuel Waste Management and Disposal Concept Review Canadian Environmental Assessment Agency 200 Sacre-Coeur Blvd Hull, Quebec KIA OH3 lIIIlI .. IIIIi Telephone: Fax: r nternet: (819) 953-0179 (collect) (819) 994-1469 Kerryg@fox. nstn.ca Telephone: Fax: Internet: (819) 997-2244 (collect) (819) 994-1469 Rivering@fox.nstn.ca ... .. .. 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Date Location/Lieu Session/Se ance .. Name/Nom ... C rganizationO'; anisme .. ;"jdressAdress:: .. .. F:stal Ccje/Cc.:::: postal Telephone/Telephone ... ::::rrespo,jen.::::- ~ English .. ... ... .. .. .. - - - - - . - . - . - . - . - . - . COUNCIL INFORMATION 1- E Bulletin ONTARIO SE\VER AND WATERMAIN CONSTRUCTION ASSOCIAffor\ Ontario Sewer and Watermain Construction Association Clean Water Infrastructure Backgrounder September 1996 Historically, financial assistance has been provided by the Provincial Governments to construct water and sewage treatment plants, distribution systems and conduct engineering studies to ensure proper delivery of drinking water and treatment of wastewater for the people of Ontario. The primary reason for financial assistance is to protect human health and the natural environment, where without assistance, they would be threatened. In the last three years, the Province has committed or spent over $578 million on clean water infrastructure projects to the benefit of Ontarians under the Municipal Assistance Program (MAP). Funds have been provided to offset the costs and to support mainly smaller communities with populations less than 15,000. The estimated value of water and sewage infrastructure is estimated at $50 billion, of which $36 billion represents the value of underground distribution and collection systems. Future investment requirements based on data prepared for the Ministry of Environment and Energy over the last 3 years suggest that capital needs amount to over $1.5 billion annually. About 50-60% of all households have metering and moving to charging users the actual costs as an alternative is achievable in the medium but not short term. Municipalities and industry support in principle the move towards full cost pricing but recognize the need to support communities which could not otherwise afford proper treatment and - collection, A dramatic move towards a user pay principle will adversely affect water rates, and will have a negative impact on the environment as municipalities may defer capital maintenance and improvement in the face of fiscal constraints. .. - - - - - - · The 1994 Report of the Office of the Provincial Auditor highlighted deficiencies in up to 20% of all water supply and sewage tre.atment systems. . Examples where provincial support benefits communities include the efforts to prevent a recurrence of health problems such as bacteria and water-borne diseases such as Cryptosporidium traced to the Collingwood water supply, and our effons to clean up the Great Lakes for recreational swimming and drinking water. These efforts benefit all residents by maintaining a standard of water quality for everyone to enjoy and have confidence. . The complete elimination of funding for private sector financing may be shortsighted since private sector financing may only be of interest in areas with large populations where there are economies of scale to support user pay. A complete elimination of funding support will result in a doubling of water rates, or consequently the deterioration of eXIsting systems, at the direct expense of human health and the natural environment and, indirectly, job opportunitie.s ~ -' "lilli/hilL', lllll 12. Suitl' 300. \lississau~~I, Ontario lAW --IY--I '1'1:1. ')0') h2').77hh F/\\: l)ll:' h2l).()'i~- III Proposal for a New Healthy Water Program lIIIlI · Thc cxisting Municipal Assistance Program (MAP) is cumbersome to administer, diOlcult to assess, and lacks focus III arcas 0(" conservation and prevention, lIIIlI · A llew Hcalth)' Watcl" Program is proposed which focuses on: · Maintenancc and rehabilitation of existing water supply and sewage collection systems in order to .. maximize eOlciencies, rather than focus on new expensive capital projects which may not be sustainable; and · Preventativc programs in problem areas/communities to prevent health-related concerns or impairment of the environment (e.g. combined sewer overflows). .. · Re\'lsed eligibility criteria such as the following would maximize the use of resources. The municipality must: · have less than 15,000 population; · maintain a Reserve Account to plan for future costs and dedicated only for clean water infrastructure; · establish a water conservation program if the municipality is dependent on ground water supply; · demonstrate efforts to achieve cost-saving measures by regionalizing water and sewage delivery and supply operations with adjacent communities; and · demonstrate efforts to implement full costs accounting procedures so taxpayers are aware of the actual costs of service delivery. lIIIlI .. .. What will it cost? · 0.5% of the estimated replacement value of the infrastructure would provide a cap in year one of the program. This amounts to about $300 million. lIIIlI · The progr;ull will sunset within 6 years with a provincial municipal split of 60:40 with the provincial contribution gT3dually diminishing by 10% each year. .. · To minimize administration costs and avoid frivolous applications, evaluation criteria and weightings will be detennined in advance and specified on the application so all parties can determine the likelihood of success. .. · \\'e cannot afford not to implement a program which gives priority to projects which replace aging infrastructure, ha\e em'irolUllental or health problems such as combined sewer overflows, and promotes innovative cost effective [e.:hnologles. .. What arc the benefits? .,. · !\1:untains lrl\"estments in existing systems; · Promotes '::c,1n and healthy water; · Fo.:uses on '"doing more with less" by "fixing the old"; · .-\lters consumer beha\"iour to be more responsive to water conservation; · E~1s.es the L:':ulsition to full cost pricing; and · Slls::llrls ;.',','nomic grO\\1h and job opportunities. .. ... For n:,'~': lrlfl':-::',.l{IOn please contact: wi Sam Morra Executivc Director Ontal'io Sewer and Watennain Constmction Association Tel: (90S) 629-7766 Fax: (90S) 629-0587 .. .. .. I It l-' (i~. "~,~,;:f t;-~n\YI'" r~HTt-:"t.\ ' t __.,t"-~''''....&. \. I _ r It '.' '.-' ' <."t"UI . ,'- ,",' ~ " .. Bulletin SEr 3 0 i996 - }:'w,::GirJALlTY OF CLflRINGTON ONTARIO SEWER AND WATERMAIN CONSTRUCTIO~,){~S6EiAt!Q_~( - - Working with Municipalities Towards a New Healthy Water Program - - Municipal change is inevitable. And as the Conservative Government under Premier Harris reinvents, re-engineers, and restructures government we can do one of two things - we can watch it unfold, or we can work together to manage the process of change. - - The Province has sent clear signals about further reductions in municipal transfer payments and the elimination of grants. We are concerned about the effects a dramatic reduction in provincial support will have on clean water infrastructure and the environment. We are concerned about municipal access to capital to maintain clean water collection and distribution systems. And we are concerned about affordability and preventing water quality problems. - - - - The Ontario Sewer and Watermain Construction Association (OSWCA) has embraced the challenge. Over the last few months OSWCA has been busy developing a detailed strategic plan to manage the transition as the Province reduces financial support for clean water infrastructure. We took the initiative over the summer by contacting the Association of Municipalities of Ontario to seek support for the plar1, and by talking with major industrial associations and interest groups about a new Healthy Water Program that emphasizes maintenance and prevention. The new program itself proposes changes in the way we treat our water and sewage infrastructure, by "doing more \\-ith less" and "fixing the old". - - - - MUll - 41' Sept 17/96 - - -;,,11.' ()','r DrilL', L'llil 12. SuitL' 3()(), Mississ;llIila, ()Illario lAW --iY--i 'I'LL ()()'i h2()-77()() I'.\X t)()'i ()2()-()'iX7 - .. .. The proposed Healthy Water Program is a 6-year phased reduction program which focuses on moving towards full-cost pricing, but provides provincial suppor1 to municipalities which would otherwise not be able to maintain existing systems. It is a program which gives priorities to projects which replace aging infrastructure, fixes areas with environmental and health problems, and promotes low-cost, water-efficient technologies. The proposed program complements the Government's emphasis on job creation and economic sustainability. .. .. lIIIlI III Action was taken to present the program to key government representatives. But we cannot continue to do it alone. lIIIlI We need your views. We also need your endorsement. By building alliances we believe we can manage and affect the change before change happens. We have done the groundwork. Now, let's pull together. .. ... A backgrounder of the proposed Healthy Water Program is enclosed. If you are interested in learning about how the program can benefit your COmI111Ulity please call: .. ... Sam Morra Executive Director Ontario Sewer and Watennain Construction Association Tel: (905) 629-7766 ." ... .. ... IIIllII ... till ... - a COUNCIL INFORMATION 1-11 - Ontario Federation of Agriculture SEP 26 II 04 ~H '96 40 Eglinton Avenue East, 5th Floor, Toronto, Ontario M4P 381 (416) 485-3333 Fax (416) 485-9027 - September 10, 1996 - Dear Municipal Councillors, We're at a point in history when genuine property tax reform is within our grasp. In - accepting the first set of recommendations from the Crombie panel, and adopting province-wide value-based assessment, the provincial government has taken the first step in the long-promised reform of Ontario's outdated property tax system. - - The Ontario Federation of Agriculture has been at the forefront in the struggle for property tax reform for more than 30 years. We've fought long and hard to abolish the unfair taxation of productive farm assets. Successive provincial governments have acknowledged the unfairness and provided relief through the Farm Property Tax Rebate program. But constant tinkering has made it an unpredictable and unreliable stop-gap measure for both farmers and municipalities. What's needed is a permanent solution. - - The OFA has a proposal that would deal with the root of the problem. Details of the policy option are contained in the enclosed special supplement to the September 10, 1996 issue of Farm & Country which is being distributed to 55,000 rural subscribers. - We are proposing that a new mill rate be struck for farmland and outbuildings to balance the amount of property tax paid with the amount of municipal services consumed. The new mill rate would then be applied to farm property that would continue to be assessed at its productive-use value. This method of permanent reform would alleviate the present inequity and remove the need for temporary relief measures. - .. - We haven't forgotten our municipal partners in our tax reform proposal. The OFA recognizes that any shortfalls in municipal funding that may occur with reform of farm property taxes need to be addressed by a long-term commitment of provincial remedial support for affected municipalities. - I urge you to share this information with your ratepayers and to discuss our property tax reform proposal at your council meetings. Now is the time to lobby our provincial leaders to give municipalities a break and remove education and welfar~" fi,,~~g,JI~ff)7g11-:-6iT!o-~i--"1 the property tax. \ ,",,, i ~ :, t_ :,;\ ._". ..___...-..___..__...._ ;. .. - \'i'.: - ~ To y orris President, Ontario Federation of Agriculture i I" ~. .'-' -. - - '-'--"t I · , ,,' -.- --r- ' .., -----. .'. - - -."' - .' ,.---.--.----...-... : ' - .' c 1 :-::---I1H" :--. ------~ u (~. I n .;,_._________.__~ The miSSion :I~ the OFA is to improve the economic and social well-being of farmers in cooperation with county, commotJity and ~ural farm, grQUPs: h_______'__! September 1996 lIIIlI .. - Property [J)( reform is a battle that OFA has fought since I 949.We won a partial victory in 1970 with the introduction of the "temporary" Farm Property Tax Rebate Program. As the provincial government begins its second year in office, it is tackling the issue once again. But will it make good on its promise to retain the rebate program until reform is completel OFA won't let them break the promise.We can't let them forget why the rebate was put there in the firn place. Genuine [J)( reform must put an end to farmers being penalized just because our livelihood depends on working the land. OFA h>s the solution that will restore equity and fairness to the system: [J)( farmland according to the value of municipal services consumed. Farmers can't sit idle and watch reform pass us by.OFA has fought long and hard to make govenmencs understand how farmers feel about property taX reform. and it's time to do it again. "Every farmer in this province has to stand up and be counted on this issue," says OFA PresidentTony Morris."We must show this government that our property taX reform proposal has to be adopted immediately, 0.... farms, our livelihoods and our communities are all at stake." OFA urges all farmers to step up the lobby and get our property [J)( reform proposal on the agenda. Here's a checklist for action: II call your MPP and tell him or her how you think the farm taX issue should be fixed II calk to your local municipal council: explain the farm taX issue, our reform option, and the form community's support for a provincial remedial program to offset any revenue shortfall as a result of farm [J)( reform V remind all decision-makers that in the absence of genuine [J)( reform, the Farm Pro~ Tax Rebate Program must remain in place to compe= owners of farm property for excessive taxation V concact your local Councy Federation andlor OFA member service representative to see how you can help with the local lobby effort V return the reply card to us t:':at states you support OFA's position on farm property ox reform:we'lI make sure our government gets the mess>go. lIIIlI What's needed now Is an all-out lobby effort by each and every one of us to ensure that OFA's option for [J)( reform is heard.That's why we've produced this review on farm property tax. It's here to help you understand how the property tax Issue got to where it is today, what the current problems are, and what we think should be done. Now is the time to keep Informed and get in touch with your MPP. When you've read this publication, share It with a friend or neighbour, talk about the issue, and make sure your local politicians know how you feel. lIIIlI .. .. ..The tJme10uInkering is past. It's tJme .to.act.OFA h>s a workable proposal that deals with the root of the property tax reform problem, Here's how to fix it. OFA recommends that the Government of Ontario take the following steps to achieve permanen~ fair property tax reform: ~ remove all of the people services (education, general welfare) finance requirements from property tax It only makes common sense that funding arrangements for people-related services should come from a people tax, based on the abilicy.co-pay principle. Successive governments have agreed to this without acting. ~ implement uniform assessment while maintaining assessment of agricultural property according to productive use Productive farmland isn't "empty" land waiting for development./fit's farmed it should be assessed on its value to farmers, not speculators and developers. ~ reform the taxation of farm property by creating a new mill rate for farmland and outbuildings set at a value of 25% of the residential mill rate Farmers want to pay their taxes.This is a revenue-neutral solution that would tax farmland based on the value of municipal services consumed. .. .. .. ... ... .. ~ continue the Farm PropertyTax Rebate Program until genuine property tax reform eliminates the need for this administrative mechanism We shouldn't remove the bandage untJl there's a successful operatJon on the root problem. ~ enact a long.term commitment to compensate municipalities that experience significant revenue short. falls as a result of tax reform on farm property Rural communities still need to provide services that are used by both farm and non-farm residents, .. lIIIlI Supplement to Farm Et Country lIIIlI ... ;~. . ~ " ;~ .,~' .. ... Iti~j:tro.p'er~.y'::tax::Causes Growing Pains _ _ The Cost of Doing Business S8.00 .. 7.00 6.00 5.00 - - Agriculture in Ontario Agriculture in unada - Value of T..-.:abte Real Property (Lind & Buildings) Needed to Produce One Dollar of Sales. 1993 . AvetJge CJnadian Business Agriculture Is a capital-Intensive industry.That's why Ontario's property tax system Is especially unfair to farmers. Suppose all businesses in a town .nd surrounding township decided they would each Increase their outpUt by one dollar to increase the Income of the entire community. How much money would each have to invest in bnd and buildings (I.e., taxable reai property) In order to do this' Statistics tell us that the average Canadian business would have to buy an extra $110 worth of land and buiidlngs to produce an extra dollar's worth of sales. But how much would a farmer have to Invest! An Ontario farmer would have to spend $6.93 on land and buildings lust to generate a dollar's worth of production - 330% more than the .verage business' That's the nature of farming - you need a lot of land and buildings to ra1se crops and house livestock. You're spending 330% more on land and buildings than everyone else to get an extn dollar income. No wonder your property tax bill seems out of line with everyone else's! No wonder OFA and its farmer members have been SlIUggfmg for reform for two generations! OFA SparkecLTax Revolt in 1970 - Onurio D.rmers have waited patiently (or property :LX reform, but on some occasions dut wait has 'een marked by dramatic evenlS.ln 1970, ~stn[ed by years of discussion withOut laion. OFA launched a province--wlde ax mike. The provincial government had tried to :traduce broad ax reform I yur e1rlier, but ::rcpped the issue when COst estimues Ind :oiitical pressures from the urban wdow made it ::0 hot to handle. 'We felt this w<s the oo/y way .... could make :'-1" case effectively to government." remembers ::-.n OFA-President Gordoo HiI~ 0IVarna. "It was a ::cgh campaign. Ther< was . lot 01 pressure, but J ::-.nk what made it work was the way farmers ~:::epted it." Almost one.third of OFA's members In 1970 '-'ported the idea of. tax strike. Fanners .." urged to withhold the education portion - - - - How Farmland of their property taxes. 'We told them to cover their bullS by putting the education tax money In a tnISl account In the bank," recalls Geny Carey, a former OFA field services manoger. "Eastern Ont>tlo did a whale of a job in withholding the education portion. Firmers went into the tax office and said, 'The day you settle this damn thing you'l get my taxes:" The tax revolt grew and farmers across Ontario withheld taxes from spring Into early fall The campaign drew the attention of municipal coundllors and members of the provincw legIs"ture, provoked d~cussion and garnered more than a few headlines - inducflOg the front pige of the Toronto Star. Both Carey and Hill say farmers supported the radical action because they strongly believed In the principle of fair talQtion. "The OFA always said that people should pay for people services and property should pay for property services," said Carey. "land doesn~ require a lot of munlcipal services and land doesn~ genente a lot 01 proIi~. said Hill"Ownershlp of land Is no Indication of ability to piy taxes," Hill said that bick In 1970, when farmers were having to farm more land to earn a living. even though net return per acre was not increasing.Today, that pressure is even greater. The Ontario government responded to the tax revolt with :a temponry rebate measure. 'We said we would accept this W the government agreed to find a more equitable system to tax farmers," Hill remembers. ''The rebate program quickly established the effectiveness of the Of A .. '" have no doubt the sltike was a prime reason why the government put the Fann Property Tax Rebate Program in p"ce," recalls Carey. IS ,,'.., .~...~~<. .' r rea t e d 'irf~'tOfti'e r T,< exation of farmland can't be simply a matter of IocaJ choice or provlndaJ ?"'e.-.nce. Firm businwes compete to supply notional and Intem>tional ""- -x.u. They can't be hobbied by . property tax system that's oUl-of.line with o~oer jurisdictions. From a farmer's perspective, property tax Is an operating = along with '''"is like feed grain, fertilizer, diesel fuel. and so forth. The key cfrlference ~"een property tax and the oc!len is that the provlncQJ govemmeni hu lhe ;>e.'" to .rreo the amount 01 property tax that farmers pay, .' - - - nL:..: ': -. THE'FARM PROPERTY TAX POLICY IS... Q.;ebec F.rm propeny tax is restrioed and rebated - fumers don ~ pay tax on farmland valued In excw of SH5 per .ere - bndo.mers rKeM a 70% property laX rebate on eJigible farmlan<! - $u.QtchOWlI1 F.rm propeny ax na b fixed - tll fmnWo.d is usened It I unjform nte and buildings in run! It'US ue tD-exempc - .;t.", F.rm proper')' ax na b capped and agric1Jlture-adjusted - fmnWld is uses:sed at ia fuming Y.llue ncher than nu.--let Vl\;oe - "'''''''''''''' >=see value for farmland is S3501acre for p""...... '"" Cry1>.-.: and $-4501acre for lnigated land .. - - ... Iowa ~',: .~ F.rm property tax b agriculture-adjusted " ' - :'~~~;u~sessed as the lower of agricultural value or ~n~} , Farm property tax rate b '1riculture-ad/"'ted and laX-aedited .~~.;.'?f"l1....i' - farmland Is assessed at its farming value ~. ~:,.;} -state tax credits are provided to brmiand owners to reduce W~"~ the amount of property we pakJ (or education services:./: +~~':-~-~- .. Nebraska Farm property tax Is pegged and agriculture-adjusted - (umland is assessed at 80% market value - urban.(ringe farmland is assessed on its farming value ~ f .f ..f. , - Answering our Critics Why should DOFASCO or Canada Cement receive their rebate cheques?This is a farmers' program... No, it's. program th.t recognizes inherent unf.irness to .11 owners of f.lrml.nd, whether they f.lrm or not Umiting the reb.te to f.lrmers would further erode the principle of f.lir tax.tiOIL Decades .go, the BI.ir Commission studied the eligibility criteria for farml.nd tax .nd determined the following:"the status of the owner should h.ve no bearing on the tre.tment of the property (or property tax purposes, which instead should be governed by the status of the property itself:' This rebate program is a subsidy and we can't afford subsidies anymore... Excerpts (rom Focus Ontario, Global Television Network, July 13, 1996 Richard Brennan, Windsor Stor ..-I'm sure that you (olks don't wont 0 bir reform brought in because your biggest subsidy G tax rebate, your education iox rebate, That G YOU' biggest subsidy o( any subsidy there is, 0IId "m sure you don't wont to lose that do you? That's 0 prelly good deol! Tony Morris, OFA President W,II, let me Carre<! one thing that you just said wrong. The tax "bote G not 0 subsidy whatsoever, We ore un(airly l4xed and os successive govemments (or the lost 25 years have recognized, the taxation on (arm enets G un(oir.1t G against the Principles o( (oimess and equity that we e", in this provinc' and 0 rebote o( those taxes, that we shouldn't have ceen paying in the ~rst plac', G made tD us and the municipality. So , want tD make su" that we don't think o( the Fonn Tax /lobate os a subsidy. It is o rebate o( taxes that we should n..., have paid. Noble Villeneuve, Ontario Minister of Agriculture I iUlft agree with Tony that, indeed Richard G way off here when he suggests that the Form Tax Rebate G a subsidy. For (rom it It's 0 tax that rever should hove been.1.,,, on the t:>r 0IId assessment committee o( :ile OFA many years ago when we ~ at major reform. Ewy ;cv.mment in the lost 20 years has pranis<d tax ,,(0rm.1t~ long ovetdue! How will we finance our rural municipalities? OFA IS .ware that rural municipalities rely heavily on the tllation o( ;,.""land.We're sympathetic to loa! municip.1 concerns .bout ~mess and revenue shonfal~ that .,....,. accomp.ny farm tax reform. Urder the current funding formula lor education, the reduced .bility to '<ise funds locally will be recognCed, re.sulting in higher grants (or 1001 school boards in rural Onario. Of A will continue to .rgue (or · 0fW grant system thac helps rural municipalities cope with the e;;;erent tax tre.atment o( farmland for the delivery o( hard services. QRA "" -..-~,..---.--.,~---~...,..".-~ ~_.----- The (Fickle) Farm Tax Rebate Program _ ' ' lIIIlI wi ~ The Farm Property Tax Reb.te Program has undergone I ~ significant modifications between 1973 and I 991.Tinkering with this mechanism hasn't changed things (or the better, Taxes on farm property still represent significanc burdens to farm income. In 1969, taxes on farm property were equivalent to 115% o(net farm incomes, Twenty-five years I.ter, total farm property tax p.id Is equivalent to 39,7% of net farm income, .. ... " To nyMor,ri s President de 10 FAO ... u FAO mene de""is Iongtemps une lune acham6e pour falre abellr I'lnjuste imposition sur I'.cd( agricole de producdolL P1usJeurs gouvememenrs provinciaux de suite ont reconnu celte Injustice et ont fouml une aide grice.u Programme ontarien de rem~e fiscale .ux exploitations agricoles, Cost mleux que rien, mab les raflStolages constants ran rendu plut6t Impr6v1sible, u FAO a pr6sent6 publiquement une proposition qui r6gleralt Ie probleme de bue. Nous proposons qu'un nouveau taux par mille solt 6tabll pour les terres .gricoles et les d6pendances afin de d6terminer " valeur .pproxlmative des services munldp;lux utills6s pendant "occup;ldon do Ia terre, Le nouveau taux par mille seralt a10rs appllqu6 aux biens agricoles. qui continuera/ent d'61re 6valu6s selon leur valeur d'utillsadon productive, l'.cti( agricole de production (eralt alnsll'objet d'unlmp6t qui co~~d d.van~aux services !!I~I1i~ .!:'~I~~, Ce~ ~lIL~e de rerorme permanente corrigerait "injustice actuelle et ~fjminerait Ia necessite des mesures de secours temporaires. Toute insuffisance des (onds munlclpaux attribuable i " r6(orme de l'imp6t sur les bieru agricoles dolt ~tre rectifi~ p;lr un sautien provincial correcti( ilong terme aux munidpallw lOUcMes. u FAO . une bonne comprehension de " r6(orme flScale pour les biens .gricoles : elle . consacr6 beaucoup de temps i " cause et a elabor6 un plan, qu'elle ne peut pas r6aliser sans Vaus. Bien qu'i1 semble que Ie gouvernement salt dOdd6 i r6gler Ie probleme, naus de'o'OllS taus nous assurer que" voIx des agriculteurs se fait entendre. Cen MAlNTENANT qu'll faut partidper et prendre un engagement envers cette cause. Utilisez les renseIgnemenrs pr6senw dans celte publication et Ia Iiste suivante pour passer il'.ction. V nl6phonez i votre d6put6 pour lul dire comment,i votre .vls,1a question de I'imp6t agricole devra/t 61re r6gl6e. V Renvoyez-nous Ia cane-r6ponse aU YOUS avez exprim6 vot/'e ap",,1 envers Ia posltion de Ia FAO sur Ia r6forme flScale sur les biens agricoles, Nous nous assurerons que Ie gouvemement comprend " situation. V P.riez.u conseil municipal loa! et expllquez-lul " question." re(orme que nous proposoru et mendOMez que" communaut6 agricole est en faveur d'une subvendon provlnciale corrective qui compensenic 1'lnsuff'lSlIlce poulbie des revenus munldp;lux en raison de Ia r6(orme fiscale agricole. V RappeJez i lOUs les decideurs que, sans v6rttable r6forme flScale,le Programme de remise fiscale .ux exploltadoru agrlcoles dolt se poursuivre alin de d6dommager les propri6talres de bleru agricoles pour Ia surimpositiolL V Convnuniquez .vec " (6d6ration de camra locale au avec un repr6sentlnt des services aux membres de " FAO pour savolr comment vow; pouvez contribuer aux preulons exerc~es .u plan loa!. . Apre. plw de 25 ans. une veritable r6(orme fiscale agricole pourraJt se produire. Joignoru nos efforts pour ganntir que les agriculteurs obtiennent une bonne affaire. .. .. 3 .. lIIIlI .. ... ... - ... - .. 'n .. ;. :~:.. . .f .. .! n ..... - - How Much Property Tax do Farmers Pay? - Last year. Ontario farm families paid almost $179.million In property tlXes. That's ilIl increase of 1.5% from the previous year, In 1996, It's expected that farm families will face a further 2% increase. You tan see from the gl'1ph (below left) that fann property tlXes have increased at a greater rate than farm cash receipts in recent years.The graph also indicates that farm property tlXes have outpaced the rate of growth of cash receipts o\ler time, especially since the implementation of the Farm PropertyTax Rebate Program in 1970. The property tlX on productive farm assets (farmland and farm outbuildings) represents only 1.7% of the property tlX levied in Onurio. The rebate program provides farmers with a 75% rebate of the taxes paid on eligible productive farm property. While the budget seems sizable, in fact the net property tlX paid on produaive farm assets is increasing. 1200 The gl'1ph (below right) illustrates that since 1988, the elfective ~Ief provided by the rebate has been declining. The rebate program Is a ClUde and ultimately Inelfective tool for bringing tlX equity to farmers.That's why OFA has never been content to simply accept the rebate. RefOrm is what farmers deserve, Reform Is what OFA Is fighting for. - 1000 800 ~ 600 - 400 '00 o 51 56 61 66 11 76 81 86 91 YEAR - - The total tlX payable in the "Before Reform" chart is $3,958.80.When you consider the effect of the Farm PropertyTax Rebate Program, which provides a rebate of 75% of the tlXes paid on farmland ilIld outbuildings, the net tIJ( paid is $1,58152. By implementing OFA's tlX reform proposal so that mill rates (or farmland and outbuildings ue 25% of the rate for residential, the bill the farmer receives is for $I,5B3.51 What you see is what you pay. In other words. replacing the rebate with the mill rate option won't change the net tlXes we as fanners pay. But it will: . improve cilSh flow beause we won't pay disproportionate taXes up(ront . save us the hassle of application ilIld paperwork . eliminate the uncertainty of an unreliable rebate program . clearly set out our lair share of local axes, which we're willing to pay, The numbers say it all: OFA's approach isn't about ducking tlXes.lt's l:out faimess and simplicity. - - - 3cFORE REFORM .. ij,::.": :':,.:.;,,:,.PROPERTY'TYPE . ~1'"~ Fum Fumland Total Residence Residential & ~.OOOO.OO $160,000.00 $200,000.00 Fann Hill lUte 1610 10HO m,6O 52100 3605 144.20 576.SO moo 7.604 30.4.16 1216.61 I 520.SO 5.975 239.00 956.00 1/95.00 791.76 3167.01 1958SO Tues - - County TJWnship Eiementary 5<condary TOTAL ;'FTER REFORM - '~; ::- ~ ' , :. . PROPERTY TYPE ~tP Fum Fannland Total Residence ~,OOOO.OO $160,000.00 $200.000.00 101.10 101.10 208SO 144.20 144.20 288.10 301.16 301.16 608.32 239.00 239.00 178.00 79/.76 791.76 1583.52 Tues Residential FarmbDd " - HilJRate Oudxtitr HiI Ro:e County 1610 o.m Toomship 3.605 0.9:11 - urn.nary 7.604 1.9:11 5<condary 5.975 I.~;.. TCrAl - - - - 50 M M U V M M ~ 91 92 93 ~ YWl ~ Tony Morris. President, OFA The Ontario Federation of Agriculture has been at the forefront of the fight for property laX fairness In Ontario fot more than 30 years. Successive governments have admitted that the existing tlX system is biased against lann property, and have tried to use the Fann PropertyTax Rebate Program to level the playing field for fanners and other ratepayers. But constant government tinkering has proven that this program Is at best a stop-gap measu,e that cries out (or a permanent solution. OFA has a solution that Is simple, practical, and f~lr for all Ontarians. Under OFA's plan. fannJand and outbuildings would have their own mill rate that would balance the amount of property tlX paid with the amount of munldpalservlces consumed.Thls would mean FAIR TREATMENT (or fanners _ NOT special treatment We haven't forgotten our municipal partners In our tlX reform proposal OFA recognizes any shortfalls In municipal funding that may occur with reform of fann property tlXes need to be addressed by a long-term commitment of provincl~1 remedial support for affected municipalities. When it comes to refonnlng the laX on fann property. OFA understands the Issue: we have invested a lot of time in the cause. we have the plan, but we need YOU to make it happen! Take a moment to fill out the postage-paid reply card In this publication. let Mike Hanis know that you'll accept nothing short of Eenulne laX refonn. Also, consult the lobby checklist on the front page. There you'll find how you can become more Involved In the elfort to see a wrong finally righted with the advent of real farm tlX reform! Mer more than 30 years, genuine fann tlX ,eform may finally be achieved. Remember the OFA rallying cry of 1970: "As Constructive As Possible, As Militant As Necessary". Together,let's ensure that fanners get the right deal. The time for your involvement and commitment to the cause is NOW! ~ r F Oct. 3 '96 10:29 FROM P. 2 - .,' ; ,.,~' ',': ' " COUNCIL INFORMATION~ 1-12 - ; ~ell Business Sales & Services Floor 5, 55 Athol Street East Oshawa, Ontario L 1 H 7M3 - - October 3, 1996 - Patti Barrie Municipality of Clarington - Subject: Technological Pathways to the Future Dear Ms. Barrie, - Attached you will find information on a seminar series entitled: .. Technological Pathways to the Future Bell and Government Connecting Canadians October 17-31, 1996 - - I would like to extend an invitation to you to attend a series of half-day seminars aimed at Municipal Governments covering important matters such as Privacy, Service Delivery Alternatfves, The Internet, and Privatization of Non Core Government Services, and more. - Attached is a Seminar Schedule providing additional details on all of the seminars. - These seminars run from October 17th to October 31 st (I'm sorry for the short notice, but I just was made aware myself, yesterday) and will be held at Bell's Customer Communications Centre at Bell Trinity Square, 483 Bay St., Floor 9 South Tower in Toronto, 1-800-668-8218 for RSVP. These are morning sessions beginning at 9:00 am. A breakfast will be served from 8:00 to 9:00 am, if you would like. - .. - My recommendation for the commute is to take the GO train to Union Station, TTC Subway to Queen ST.(Yonge route) and then take the tunnel access to Bell Trinity Square from the Eaton Centre. Trains leave from the westbound stations as follows: Station Leave time Arrive at Union Statioo - Oshawa 7:00,7:19,7:37 7:47,8:19, 8:30 Whitby 7:06, 7:25, 7:43 II II II Ajax 7:14,7:33,7:51 II II II - - k:-r<--~ - Oct. 3 '96 10:30 FROM Seminar Schedule The format for each day is similar. There is a mixture of government and Bell speakers, with the emphasis on government VVhich should make the message more compelling. In Toronto, you will have an opportunity to take a guided tour of the Information Highway following each seminar. October 17 - Prjvacy How do we safeguard privacy in the quest for greater efficiency? Fortunately, we have both the Federal and Provincial Privacy Commissioners available to speak on this most current and sensitive issue. Also, hear from Metropolitan Toronto about its experience with this matter. October 22 - Service Delivery Alternatives Privatization, public/private partnerships, multi-media kiosks - these are just some of the alternatives all levels of government are looking at for service delivery. October 23 . Integrated Community Netwo[ls:s leN's can playa key role in the economics and quality of life in a community. You will hear from Bell' Bell Global Solutions speakers, as well as hear first hand from two Ontario communities. .; October 24 . Internet/Intranet You will receive an overview of the subject from Bell Global Solutions presenters as well as hear from the. Municom Network and Industry Canada on Schoolnet. Octobe[ ~5 . Interactive Distance Le,r:ning Employee education and training have never been so important as now. Learn about distance education and hear Why HRDC chose distance learning as its solution. October 28 - EI~ctronic Commerce Greater efficiency can be accomplished through improved business processes... but which processes offer the greatest opportunity? Bell Global Solutions will present its Tactic solution for you. October 29 -privatization and N9n Core Government Services All levels of government are re-evaluating the services they now provide to citizens. Bell Global Solutions will discuss privatization options and its capabilities to deliver solutions in this area. October 30 -Integrated Voice Response NR is more than volcemail. Introduce yourself to the full potential in IVR. Hear about two exciting applications working for the Federal Government. P. 3 .. .. lIIIlI .. .. lIIIlI .. .. ... ... ... - .. .. ... .. .. .. .. Oct. 3 '96 10:30 FROM P. 4 - - - Q~tober 31 - Teleworking Companies all over the world are introducing new workplace strategies as a means of building competitive, efficient organizations. Is government any different? Hear about the successful use of Teleworking from a representative of the Treasury Board Secretariat and a recognized authority on this subject. - A draft brochure is Included with this fax. - Once again, I apologize for the short notice, but I'm sure you can see that these seminars would be very worthwhile. Please call through and reserve your spots for the seminars you like, or all of them. There is no charge for any of the seminars, other than your transportation costs. The reservation number is 1-800- 666-8216. - - I would appreciate you notifying me if you plan to attend so that I will make a point of attending with you on those dates you select. Thank you. You can reach me at 1-600-810-0176. - I look forward to seeing you at the seminars. - - - Mike Swanson Sales Representative .' , ,''':''''r' j'Y "nON i , ":"':: : ,'.'. ~,-) l.... . t . , t~.t. . ..._-r__.....---..- \ - [ " vA H ...'..---* :. - lA1-{/J~ "./, .. ...--_.......~.... . .-._--~.~. .~A'7-..~.. I ", I I,':' " ,..... .. - (. .. '. . .' ~.. -~. . -.--.. - .- .-...-- - - 1'-"'" . /~1 /~. .$(:.:'" - - - ....... M lSl ....... IJ) 01 M +> o o E o QC LL I[) (L _r-"''- .", ~- ..~ ~.. . ". '. . " . .c .- 1 I J , I Privacy October 11 Tom Wright Information and Privacy Commissioner - Ontario Bruce PhiUips Privacy Commissioner of Canada Rita Reynolds Freedom ot Information Coordinator - Metro Toronto George Tomko Mytec Service Delivery Alternatives O~t~bl!" 22 Speaker to be Announced . Federal Representative Art Daniels Consumer and Commercial Relations Jim Betls Bell Global Solutions Dave McGirr Multimedia Marketing Bell Canada Integrated Community Network Oaober 23 (Toronto only) Marcel Beaubiel1 tv!PP Lambtoo Joe Murphy - Bell Canada tvliguel Ferreira" Bell Global Solutions Robert Leitch lanark County Stephen Sajatovic City of North Bay 1 I 1 1 J I 1 I I I Rocco Lallone, Marco Mancini, Tom Marney. Bell Global Solutions Scott Andison Municom Network Doug Hull Industry Canada David Waung Industry Canada Interactive Distance learning October 2S Barb Shopland Bell Canada George Leslie Human Resources Development Canada lectronic Commerce ;LI~:i~,-' 2P. Robin Constantin Bell Global Solutions Industry Speaker to be Announced Privatization of Non-Core Government Services Oaober 29 Kpn urriere Bell Global Solution~ ndustry Speaker to be Announced Bell Ottawa Cu~lomer CommuniGltiom Centre Alln: Tilly Meranger 613-785-2020/1.800-267.9977 , Customer Communications Centre AUn; Fatima Luketic 416-596-4700 /1-800-668-8218 ~ To RSVP )'OUr ottendance (or the doteh you wish to attend, please caJI the appropriate Customer Communications Centre: Toronto , Teleworking October 31 Beth Patterson Bell Global Solu tions ndustry Speaker to be Announced Alfred Yu Canada Post Corporation Revenue Canada Speaker to be Announced Randy Sefton Bell Global Solutioos , , , I 1 - - - _ The Regional Municipality of Durham Clerk's Department - 605 Rossland Rd. East P.O. Box 623 Whitby, Ontario _ Canada L 1 N 6A3 (905) 668-7711 Fax: (905) 668'9963 - C. W. Lundy A.M.t.T. Regional Clerk - - - - - - - - - - - ... COUNCIL INFORMATION 1-13 October 1, 1996 OCT Z 2 20 PH '96 The Honourable AI Leach Minister of Municipal Affairs & Housing 17th Floor . 777 Bay Street Toronto, Ontario M5G .2E5 Response.to.the R~commendations Proposed by the "Who Does What Panel" Concerning Municipal Administration, Transportation .and Utilities - Our File: 003-6. . - . Honourable Sir, I write further to the letter to you from Mr. James Y.,Witty, Regional Chair dated September 19, .1996 with respect to the above matter. . . The. report as fo~arded to you by.Me Witty was. presented to Regional Council on S~ptember 25, 1996 at which time the following resolution was passed: . . . . "a). . THAT the'report attached to Report #96-RA-49 of the Chief. Administrative Officer regarding the Region of Durham's response to the report of the 'Who'DoesWhat Panel' concerning municipal. administration, transportation and utilities be endorsed (Attachment , #.1);" . b) THAT copies .of the report attached to Report #96-RA-49 of the Chief Administratiye Officer (Attac:hment #1) be forwarded to the Honourable AI leach, Minister of Municipal Affairs an~ Housing; Mr. David Crombiei Chair of the 'Who Does What Panel'; local Durham M.P.P.'s; and the Area Municipalities." 2/ .. .. t....".." t~ 'Y._.} 'II,- J": 1 00% Post Consumer .. .. -2- .. I am by copy of my letter advising Mr. Crombie of the above resolution and further providing him with a copy of the report. ... .. e- -4) if:::5 lIIIlI C.W. Lundy, A.M.C.T. Regional Clerk lIIIlI CWL/db lIIIlI cc: Mr. D. Crombie, Chair of the I~Who Does What Panel" MS. J. Munro, M.P.P. (Durham-York) . Mr. J. Ouellette, M.p.P. (Oshawa) Mr. J. O'Toole, M.P.P. (Durham East) , Mr. J. Flaherty, M.P.P. (Durham Centre) MS.'J. Ecker, M.P.P. (Durham-West) Mr. M. de Rond, Clerk, Townof Ajax , Mr. G. Graham, Clerk-Administrat~r, Township .of Brock .Mrs P.L. Barrie. CI~rk. Municipality of ClarinQ1Qn. Mr. B.C. Suter, Clerk, City of Oshawa Mr.,Et Taylor, Clerk, Town of Pickering Mr. E.S. Cuddie, Clerk-Administrator, Township. of Sbugog , Mr. W.E. Taylor, Clerk, Township of Uxbridge Mr. D.G. McKay, Clerk, Town of Whitby Mr. G.H. Cubitt, Chief Administrative Officer .. ... ... "'" ... ..' -,..-.. ......_-.~~......- .~ ~-'---_._._~ ._---- : ' D!'3TR1BUTION :,.' " ~ :~: i\ .....'......------...... "'" -; :,,:, t1y ..-......0.- . . .~._ , I ' ':;; >::\1 "'0., I ! ...-d,', ",' '.. '-,:_, ,,,' ..~ ~ , ~}'':~'bl . I!": ". n. l~;7<~rj~ ~ : ?fi~-t.j-;;7..r.t<< 7, ~ , , ; <C. t!.-. f::!2;d _ -:- :-~; wyrv... ft_'-....... _____..~ "'" .. , ~',: / " ; -"- . ._'~~'":~ '. 'A. If. ..,.....'<,'~~'":"~t~) I ~..\ III ~--";. ... - - - - - - - - - - - - - - - - - - .. REGlON OF DURHAM RESPONSE TO "WHO DOES WHAT" RECOMMENDATIONS ON MUNICIPAL ADMINISTRATION. TRANSPORTATION. AND UTILITIES ENVIRONMENTAL APPROVALS REFORM: . Given the duplication and blurring of the lines of responsibility on environmental approvals, the Region supports the overall thrust of the recommendations which is " to reduce this volume of activity and manage approvals in a more efficient way". . The need to speed up the approvals process is widely recognized by all interests involved in the developmental approval process. The Standardized Approval Regulations would seem to offer a practical means of streamlining this process by minimizing duplication of review and reducing the number of agencies commenting on plans. . In drafting the regulations, however, there is a need to strike an appropriate balance between streamlining the process and ensuring the continued protection of the public health. In particular, inspection and approval should remain sufficient to protect the Region's stake in the proper management of rural groundwater resources so as to maintain groundwater supplies for rural users, protect groundwater supplies for Regional servicing needs and ensure proper land use. . The Region would welcome further consultations as proposals are developed in this important area and in the area of sewage and water treatment generally. PART VITI - ENVIRONMENTAL PROTECTION ACT: SEPTIC TANKS: . As the Who Does What Panel points out in its letter to the Minister, the inspection and approval of septic tanks and tile beds is "the responsibility of the Ministry of Environment and Energy". The Ministry recognizes its responsibility through the grants to local health units and conservation authorities, which together with user fees to applicants, cover virtually the entire cost. . In 1996, the Province is expected to pay $341,000 of the $431,000 cost of this inspection program in Durham. A withdrawal of Provincial funding in this area would adversely affect the quality of the delivery of the Part VITI program in Durham and in most other jurisdictions. .. Rc Ion Of DllrhulII Itc. Olt.c to "\VI... D"c. Whut" Rccommcltdutlon. on Mllnlcl ul Admlnl.trullon Tntn. ol1ullon llnd Utilllles _ Pit e 2 "'" . Although Provincial costs would be reduced, it is difficult to see how municipal costs would be lowered as the Sub-panel suggests. "'" . Passing financial responsibility for the function to municipalities would simply exacerbate the adjustment problems they face in coping with the continuing burden of Provincial transfer cuts. While municipalities could consider charging residents the full cost of inspections as advocated by the Sub-panel, municipalities would have to suffer the political fallout for making up for the Provincial withdrawal in this manner. Since Provincial funding accounts for roughly three quarters of the cost of this activity and user fees for the other one quarter, fees would have to quadruple if the Province withdrew. ... .. .. . The Sub-panel has not adequately considered the funding issues. Municipalities carry out a wide range of services under Part VIII for which they have no authority to charge fees (e.g. Ontario Municipal Board and Environmental Assessment Board activities). This would make Provincial withdrawal even more difficult for municipalities. In the absence of Provincial support and no means to charge the user for such services, municipalities would have to reduce Part VIII activities or impose additional taxes. .. .. . The Ministry of Environment and Energy's recently released consultation paper, "Responsive Environmental Protection", proposes that the Ministry, together with stakeholders, carry out a comprehensive review of the Part VIII program over a two year period. The Region of Durham would support such a review and urges the Province to hold offany decisions respecting Part VIII until such time as the results of that review are fully considered. .. .. "'" COMMUNITY TRANSPORTA nON: . The Region is generally supportive of changes that would result in improved efficiencies and reduced cost for community transportation, including municipal, inter-regional and cross-regional service delivery. .. ... . It is the Region's understanding that the "Community Transportation Action" Program, endorsed by the Sub-panel, is based on the Ministry of Transportation's "Report of the Community Transportation Review" dated February, 1995, which recommended changes to eliminate barriers preventing the co-ordination and integration of community transportation services (school buses, public transit, disabled transit, ambulance services etc.). .. - .. .. .. .. - - - - - - - - - - - - - He (on Of Durhlllll I{es mue to "Who Does Whllt" Hecolllmendllllon~ on Munlel III Administration Tnllls ortlltlon and Utilities _ Pn e 3 . If that is the case, the Region has the following three concerns: It is difficult to surmise what the definition of "community" is and how this relates to the manner in which the Region and its area municipalities are constituted. The extent of impact on the Region from the Action Program will depend on this definition; Potential liability, that may be introduced as a result of integrating transportation services that are currently segregated, such as school busing, ambulatory services for medical patients, etc. is not addressed; and, The "detailed discussions on the broader issues of transportation, including municipal transit, GO Transit, Provincial highways and feny services"(page 5 - August 14 letter to AI Leach from the Sub-panel on Transportation and Utilities), which are occurring this month, may result in actions that are not consistent with the Action Program. PROVINCIAL OFFENCES: e. The Ministry of the Attorney General claims that transferring administration and prosecution of Part I offences to municipalities and completing the transfer of Part 2 charges to the municipal sector would yield revenue for municipalities. However, the information provided is not sufficiently detailed to substantiate this claim. Hopefully, the outline of the implementation strategy and revenue sharing formula to be submitted to the Sub-panel by the Ministry of the Attorney General will provide greater detail. e While the majority of the offences under Part 1 of the Provincial Offences Act will not be within the domain of the Region, any offences for which municipalities are to administer and prosecute could result in added costs to those municipalities. It is difficult to support disentanglement of responsibilities, if it leaves municipalities having to impose additional charges or raise taxes on local taxpayers. - MUNICIPAL ACT: - - - - - e The Region of Durham wholeheartedly supports the move to pennissive rather than prescriptive legislation. The proposed direction recognizes the maturity of the municipal sector by according it the authority, rights, powers and privileges of a "natural person", subject only to legislative restrictions to recognize Provincial interests. . :Municipalities will need all the freedom possible to reorganize their business in the most efficient way possible and seek out new revenue sources to adjust to the new financial realities. Re Ion Of DlIrhllm (~e. oll,e 10 "Who I>oe. WIIIII" Recolllluendlllloll. 011 MlInlcl III Admlnlstnallon Tnan5 olintlon nnd Utl\1tles _ Pm e" . While appreciating the Province's stated intentions to loosen the strings on municipalities, we are concerned that the Province may be tempted to reinstate some measure of control through other mechanisms. In this context, for example, we remain concerned about the level of detail that may be required in financial reporting requirements under the new Bill 26 legislation. LIABILITY: . In June 1996, Regional Council endorsed the following resolution from the City of Thunder Bay, as in Report #96-F-35: tiThe Minister of Municipal Affairs be requested to amend the Municipal Act and the Occupier's Liability Act to protect municipalities from unwarranted litigation arising from sewer backups, burst watennains, road maintenance, building inspections, or accidents occurring on municipal property, as requested by the Corporation of the City of Thunder Bay in its risk management submission on 19 December 1995." . The Region is therefore on record as supporting measures to provide additional immunity from water and sewer nuisances and to codify existing common law immunities. Any reduction of municipal liability will curb increasing insurance costs for municipalities. . The correspondence indicates that the Municipal Administration Sub-Panel's recommendations regarding joint and several liability will be further evaluated over the next few months. The Region, along with its insurers, will continue to support these further measures to address outstanding areas of concerns. T~e current position of municipalities with regard to perpetual liability claims and ever-increasing insurance premiums is clearly unacceptable. PENSION ISSUES: . The Sub-panel on Municipal Administration has proposed a number of changes to . OMERS legislation and regulations. It is the Region's understanding that some of these changes, most of which are housekeeping in nature, are targeted for the more immediate future. These changes, we understand, would: give legal authority to OMERS' practice of topping up the existing 70 per cent indexing in the plan to 100 per cent; keep legislation, regulations and plan in conformity with the Pension Benefits Act and the Income Tax Act; lIIIlI .. .. .. lIIIlI .. ... .. .. ... .. .. ... ..... ... .. .. .. .... - - - - - - - - .. - - .. - - - - - - - Re Ion Of Durhllm Res onse to "Who Does What" Recommendations on Munlc\ III Admlnbtl'lltlon Tl'lUls ortotlon and UttUtles _ Po e 5 allow O~RS instead of Cabinet to designate associations of municipalities, local boards or their officials or employees as members; and, permit portability between OMERS and private sector plans, so that members could bring their pension benefits with them when moving from the local to the private sector and vice versa. Such changes are worth supporting and would not cause any concern to the Region. . However, some changes of a more substantial nature are advocated and are to be considered by the Government over a longer period. For example, the Sub-panel is studying how full control of OMERS might be given to employers, retirees and active members, without Provincial involvement. In addition, the Sub-panel has recommended further enhancements to portability beyond those intended for the immediate future and mentioned above. Unfortunately,-no indication is given of what these further enhancements might be. . Presumably, details will be spelled out in the "more fundamental review", promised by the Minister. Until such time, it is difficult to know what specific directions the Government might take in the pension area and how legislation, plan contents and administrative arrangements might change. At th~t point, we will need to closely assess the implications of Government intentions. INVESTMENTS: . The Region welcomes the expanded range of investment opportunities inherent in the proposals. Greater flexibility regarding the timing of interest payments is particularly appealing to the Region. . filii Re Ion or Durham Ites onse to "Who Does What" Recommendations on MunleI aI Admlnlstl'1ltlo ... CONCLUSION: .. The Region of Durham is most pleased with the progress the Government is making in living up to its conunitment to increasing the rights, powers and responsibilities of local governments, in .. recognition of their capacity to assume a more prominent role in local decision-making. Though we support the Province in its direction, our support comes with three main conditions: lIIIlI disentanglement between our levels of government should be neutral in a financial sense and not simply a passing off of Provincial responsibility without the appropriate compensation; .. the Province resist any temptation to recapture control over the local decision making process through the regulatory route (e.g. reporting requirements); and, .. municipalities be treated as partners in the development of the legislation and regulations which will govern their future and given ample opportunity to provide reaction and feedback on draft legislation and regulations. ... fI1Ii .. ... .. ... ... ... .. ... IIIIIf ... - COUNCIL INFORMATION Section 1 1-14 MINUTES OF THE BOWMANVILLE MUSEUM BOARD MEETING - SEPTEMBER 11TH. 1996 - PRESENT: L. Paradis; C. Morgan,' A. Baric; D. McKenzie; M. Novak - E. Logan REGRETS: C. Taws; L. Jagoda; P. Pingle; G. Ashton - ABSENT: T. Ria; B. Dainard - 1. The meeting was called to order at 7:00pm by the Chainnan, L. Paradis. Item G was moved ahead in Business Arising as Dianne McKenzie had to leave due to health reasons. As there will not be a quorum the following motions w,ill be approved at the next Board Meeting. . - - 2. Motion' - to adopt the agenda, with an addition to New Business a) Books. 96-C- J Moved by C. Morgan 2nd M. Novak carried - 3. Motion2 - to approve the August 14th, 1996 Board Meeting Minutes as presented. Moved by A. Baric 96-C- ] - 2nd D. McKenzie carried 4. BUSINESS ARISING: - - Yard Clean Un Estimates Dianne reported that she had received three estimates for a yard clean up: 1) Love Tree Removal 2) Ontario Line Clearing & Tree Services lid. 3) Owen Bros. Two of these estimates gave the required specifications and she put them before the Board. Owen Bros $7,645.00 Ontario Line Clearing & Tree Services lid. $3,480.00 She also gave a brief description of what each company was planning for the gardens. She felt that the Owen Bros gave the preferred description of their plans as their programme would take approx two years to complete, with greater concern on taking care of the present shrubs and trees rather thf!,n just trimming and removing. Also there would be a 10% discount for winter work completed. Mary Novak suggested that Jim Cameran at Town be contacted to review these estimates before the Board makes a final decision on such a major expense. The secretary will contact Mr. Cameran and report back to Dianne. If he is in agreement then the secretary will do a telephone J'ote on whether to proceed with the Owen Bros estimate. - - - - - McLauf!hlin Foundation Update Clayton reported that Arnold, fAny and himself are meeting with Bill Stockwell on Friday morning at llam to discuss reapplying to the McLaughlin Foundation. - - t: Page 2... Sept 11/96 Minutes Section 1 Antique Car Show 17ze Antique Car Show has been booked for Saturday, May 31, 1997. Approx twenty cars will attend. Also, Stuarl Buchanan, who owns a 1964 Rover, has offered to give car tours of Bowmanville that day. Museum Board Appointments Pat Pingle was unable to attend this meeting. This will be deferred to the next Board Meeting. Sullivan Entertainment 17ze Board still has to meet with Sullivan Enterlainment re a new contract before they can continue filming at the Museum. Fax Machine A fax machine and new desk was purchased at The Office Place. Also, a new telephone line has been installed. 17ze Museum's fax number is 905-623-5684. Museum Driveway Repairs Not completed as of this date. Archives Room 17ze secretary put before the Board an estimate from Nonn Grawel1 to strip the wallpaper, repair plaster, prime and paint the walls, ceiling, doors, trim, window and cupboard. Also, to enlarge the closet opelzing for the photocopier and install two heavy duty shelves above the photo copier and install one florescent light fixture - total cost $1,580.00. Motio", - to hire Nonn Grawen to renovate the Archives Room, total cost $1,580.00. Moved by A. BatIe 2nd C. Morgan carried 17le secretary put before the Board an estimate from Space Age Shelving to install shelving in the Archives Room, total cost, including installation, $2,431.04. Motion" - to approve the purchase and installation of shelves from Space Age. Shelving, total cost $2,431.04. Moved by A. BatIe 2nd C. Morgan carried UJf Cabin Nonn Grawerl was given a copy of the plans drawn up by. a past Board Member, Wanzer Fehn, for the restoration of the log cabin and he will have an estimate al'ailable for the next Board Meeting. Ie ." .. ." .. ... .. .. .. .. ... ." 96-... .. .. ... 96-C- .. .. .. .. .. Page 3... Sept 11/96 Minutes Section 1 - .. Arls & Crqfts Show & Sale Unforlunately, it rained very heavily on the day of our sale so we moved it to St. Paul's Church hall and held our book sale on the verandah. Approx 100 people visited the show. Thanks to Larry, his son Peter, Gladys and Arnoldfor helping with this event. A discussion was held on what to do about the remaining books. Two suggestions were made. First was to sell them in bulk to Atlantic Packaging Products lid, who pay $20.00 per ton or $.01 per pound, although all the hard covers have to been removed. Second was to contact Mr. Lord, who owns a second hand book store, and see if he was interested in them. The Board agreed that the secretary would contact Mr. Lord and inquire if he was interested and then /Any would take the remainder to the dump. - - - 5. CORRESPONDENCE: Motio,r - to accept the correspondence for infolJlUltion. 96-( .. Moved by M. Novak 2nd A.Baric carried - 6. PRESENTATION OF AUGUST 1996 BIUS: Motion' - to acknowledge payment of the August 1996 bills, listed in Section 3. - Moved by A. Baric 96-( 2nd M. Novak carried .. 7. FINANCE & PLANNING COMMIITEE REPORT: Arnold gave a summary update and reviewed the Capital expenditures to date. .. Motion7 - to approve the Finance Committee Reporl as presented. Moved by C. Morgan 96-( .. 2nd M. Novak carried COUECTlONS COMMIITEE REPORT: - Nothing to reporl. PROPERTY COMMl7TEE: .. Nothing to reporl. 8. CURATOR'S AUGUST 1996 REPORT: - The Curator reporled 780 visitors to the Museum during August. Motion. - to accept the Curator's August 1996 Reporl for infonnation. - Moved by C. Morgan 96-( 2nd M. Novak carried - - - t~ Page 4... Sept 11/96 Minutes Section 1 ... .... 9. FRIENDS OF MUSEUM REPORT: The Friends reporled that this year they would like to recover/repair several pieces of furniture in the Front Parlour. Items mentioned for priority were the rocking chair, the rose coloured chair and the checkers table. The Board agreed with these needed repairs and gave approval for the Friends to proceed. .. .... Motion' - to approve the Friends of Museum report. Moved by M. Novak 2nd A. Bark . d 96-C-, came .... 10. NEW BUSINESS: .... Books Clayton will take copies of his Train/Railway lBelvederes' to sell at his presentation on Monday at the Oshawa Historical Society. .... 10. Motion1o - to a4joum at 8:35pm. Moved by L. Paradis carried .... 96-C-: ." Telephone Motion on September 24th. 1996: .. Motion - to hire Owen Brothers to landscape and clean up the Museum grounds, total cost $7,645.00. Moved by D. McKelUk 2nd C. Morgan Carried by L. Paradis; G. Ashton, A. Bark, L. Jagoda, T. Hill, M. Novak. 96-C-2? .. ... .. IIIIIIl .... .. .. lIIIlI i": .. - - ... - Sept 4: Sept 5: - Sept 6: - Sept 7: - Sept 10: - Sept 12-30: Sept 13: - ... Sept 14: Sept 15: - - Sept 17: Sept 18: Sept 19: - Sept 20: Sept 21: Sept 23: Sept 24: - ... - Sept 27: Sept 28: BOWMANVILLE MUSEUM BOARD CURATOR'S SEPTEMBER 1996 REPORT Section 5 Met with Dianne to do a survey of the lawns. Gladys and 1 went to visit the Bowen's, of Pon Hope. They collect and sell dolls and toys. They are willing to help us with our doll collection and supply items for display. Larry, Peter and I picked up the books from Hampton. Also, the church tables for the Arts & Crafts Show & Sale. Evening Wedding, 38pp. Arts & Crofts Show held in St. Paul's Church because of rain. We had twenty dealers and overall attendance was only 200pp. Wedding Photos, 25pp. Historical lighting Society in to collect their lamps. One of their members put proper bells on the telephone in the kitchen. Friends began meeting again. Curator on holidays. Larry, Arnold and Clayton met with Bill Stockwell re the McLaughlin Foundation request. Jim Cameron in to review yard cleanup estimates. Mary and Pat did a Property Inspection tour. Historical Lighting Society removed their large display case. Chester Jury and his daughter in to donate items from John H.H. Jury. John Lord took away seven boxes of books left over from the Arts & Crafts Sale. Larry took the rest to the dump. Peter Paradis emptied the Archives Room. Ellen attended Gift Shop in Toronto for Museum Shop. Larry and Eddie moved shelving from Archives Room. and took them to Hampton. Gladys did an evening tour for Pathfinders, 10pp. Andrey Gryg in with contracts re removal of trees. Wedding Photos, 25pp. Nonn begins work on Archives Room. New agreement reached with Sullivan Entertainment. $500.00 per day - minimum five days. Group of visitors from South Africa, 22pp. Andrew Gryg in with proposal to remove trees. Board agreed to hire Owen Brothers for landscaping. Problems with boilers. They are being repaired. Wedding Photos, 20pp. - - ... l'~ Charles Taws Curator .. Page 2... Curator's Sept/96 Reporl Section 5 .. IIIIli 1995 1996 .. Adults 13 $26.00 Adults 46 $92.00 Family (2) 8 $8.00 Family (18) 72 $72.00 IIIIli Children 2 $2.00 Children 13 $13.00 Seniors 7 $7.00 Seniors 29 $29.00 .. ------------------ ----------- ------------ -------------------- ----------- ----------- ADMISSIONS 30 $43.00 . ADMISSIONS 160 $206.00 DOOR $47.41 DOOR $49.29 .. DONATIONS DONATIONS UNPAID 616 UNPAID 326 .. VISITORS VISITORS MEMBERSHIP 237 MEMBERSHIP 108 .. /WEDDING /WEDDING VISITORS VISITORS SUB TOTAL SUB TOTAL lIIIlIi ',: OUTREACH 500 OUTREACH 0 TOTAL TOTAL ... 1,383 594 lIIIlIi ... .. .. ... ... .. (.; ... - @ Ontano MinIstry of Transportation Molu- Get Mlnlst6re des Transports COUNCIL INFORMATION '201 w...1tMuo Room =. '" ADor. Cd'II __ ~.Cran~ ,.. TtI. (.,..-..,,0 Fa' &4'~ 23&" 1-15 - OCT if 2 28 fl1 · Ausust 19ih. 1m - - Dear Friends and CoD~p;: Today the Minister or Transporut1oo and the Minister or Municipal AftiiJI and Housina announced the launch orthe Commuhity Trwpcxtatioo Actioo Prosnm (crAP). I am pt~ to provide you wi\h an intonnatioo: ~kaie ~ceroina this ~w miti.alive. . . crAP is o joint undertaking involvina fiVe aovenurient ministries... Trwpoi1atioa. 'Health. Community aod Social Setviccs. Citizenship. Culture end Recreation.lDd EducItioD and Training. Over the nat two years.. this program vnll provide transkiooal.assistaDCe to . communities wishing to coordinate and restNcture their local transportation services. crAP will provide start up support for the development of local solutions. and for the demoosttatioo of practical and innovative ways of managing and delivering local transpQrtatioo services more cost. effectively. At the sarN: time. the govcnuncnt bas made a commitmcDt to remove barriers and red ~pc at the provincial level that Stand in the way of achieving more efficient and coordinated community tranSportatioo services at tbe local level. - - - - ... - There is a significant investment in community traDSpOl1atioa resources in Ontario. Public transi" school buses. health and scxial service agency vehicles. intercity bus services. and tranSportation services for seniors and people with disabilities aU operate at the loc&llevel and are vital to the economic and sccial well being of our communities. They provide access to employment. education and training. bc:alth and social services. recreation and other community activities. However. we arc not making the best use of that investment and there is duplication and inefficiency in the system. white 1~1 tranSpolUtion needs continue to rise. - .. .. - .. .. - NOTE: Brochure on file in . . - . - ConmJnily Transportation Action Program ~ Ontario . COllllllunity SUppDrt Progralll ... Proposal. CDv_r Shee'l.. 1 :":,::' 't ":. : ::~.' . -- - ....... -...------ - - --- ---- Project Title: Amount of Funding Requested: . .. Name of Contact Person: Submitting Organization: .. Address: Address:. ... tJ tJ Project objectives and expected results or benefits Describe in clear, concise and measurable terms. tJ. Project duration State expected project duration, up to a maxinumi of one year. .. tJ Process tJ Funds requested .. Describe the process by which you expect to achieve these Describe the total amount of.fu,ndin.g requested, including a detaUtMI objectives and reSults. . breakdown o/the specific items required/or this projei:t. tJ . Sectors and organizations involved Identify the sectors and organizations involved, including. details concerning the nature of the joint partnership or collaboration, along with supporting documentation. tJ FundiDg sponsor .. . Identify the sponsoring organization, including the sup[Xining . tJ Cost-sbaring IdentifY any cost sharing arrangements from local sourcet jundraising or other means including in-klnd contributions and financial paitnerships with the private sector. .. ~ PIetue forward YOUl' propoStll to: The Community Transportation Action Program Office . . c/o Ministry of Transportation 3~ Floor, Ferguson Block.. Queen's Park, Toronto, Ontario M7A lZ8 Telephone (416) 235-4644 ... III ... - ConrfIInlly Transpot1ation ActIon Program ...-. -..- - -------- - - - _.- ---- - CTAP Fact Sheet - - .CT) Ontario - Ministries Participating in the Community Transportation Action Program .. .. - Ministry of Transportation - Ministry of Citizenship, Culture and Recreation - Ministry of Health - Ministry of Education .and Training - - Ministry of Community and Social Services .. .. - .. - ... Community Transportation Action Program . Community Support Program Th~ . Community Transportation Action Program (CTAP) is a new joint initiative of five Ontario government ministries to offer transitional help to communities for restructuring and coordinating local transportation seIVices. The partner ministries are also committed to eliminating barriers to coordination that arise within their own programs. Sectors involved in community . transportation include: public (publicly and privately-owned),. school, non-emergency health, sQCial seIVice, and long-tenn care transportation. Reviews of community transportation in Ontario and elsewhere point to the potential for major gains through. measures such as sharing' vehicles, drivers, garages, office staff, equipment, and insurance coverage, and pooling maintenance and training; In some US . cities, coordination means . amalgamating several transportation services into one, or adopting a brokerage system, in which one organization manages or provides public . transportation for the whole community. CT AP targets four areas for action: cross-sector planning; coordination of local resources; restructuring and cost- effective alternatives; and eliminating barriers. CT AP can help communities identify st~tegies to manage changes . deregulation may bring to ,inter-city bus service. The CTAP Community Support Program will offer start up funding, and support for fonnal demonstrations; A total of $3 million will be available over two years, starting September 1996. Start Up funding is primaiiIy for facilitating cross-sector planning 'and introducing implementation tools. The cap for anyone community project .is $50,000. Proposals 'are welcome' from organizations including tho~e in the private sector, involved in planning or delivering community transportation. Proposals must involve at least two sectors to be eligible for funding. Joint management of projects is encouraged. . Demonstrations, limited in number, will focus on projects to provide infonnation on options for restructuring programs at the provincial level, such as integration of transit and school transporultion, alternatives for non- emergency health transportation, and local transportation brokerage systems. Removing barriers. The ministries' involved' in CTAP are Committed to removing administrative, regulatory and other barriers to coordination 'and. restructuring. Dedicated staff from each ministry will . ensure internal government issues are identified and addressed promptly. For further information contact: . .The Community Transportation Action Program Office c/o Ministry of Transportation 3rd Floor, Ferguson Block Queen's PaIk Toronto, Ontario M7 A IZ8 Telephone (416) 235-4644 News Release . COll1munique ~ Ontario.... .. Ministry of Transportation . Ministere des . Transports .. FOR IMMEDIATE RELEASE' A~gust19, 1996 .. ~rovince promotes local transportatio'n co-ordination TORONTO - To eliminate duplication and imp~ove co~ordination between local .. . transportation providers,'Ontario Transportation 'Minister AI Palladini tOc::fay announced the establi~nmentof the Community Transportation Action Program' (CTAP). ' ... , .. "This government is committeq to doing better.for less and spending taxpayers' dollars ' wisely," said Palladini. "And the Who Does What COmmittee has strongly endorsed' this initiative because it provides a way for municipalities to establish better and more . efficient community transportation." ,. Community transportation includes schoOl transportation, intercity bus services, heaJth and.social service agency vehicles, public transit and transportation services for' seniors .and people with disabilities. Duplication and inefficiencies can be found in : some of these services. For example, one o ntai-i 0 . city has nearly 200 accessible vans operating within its boundaries, -however, only 20 of these vans are part of the- specialized tr~nsit fleet. Due to the lack of coordination the specialized serVice has, been turning down requests while available vehicles go unused. Th~ program will operate for two years. . Provincial seed moneywill be available to support.local proposals for improved coordination of community transportation services. andto test and demonstrate projects. In addition, the government will identify, and.; .' remove provincial policies and regulations which inhibit efforts to find better ways of' delivering loca! transportation Services. "We need to find mo(e cost-effective ways of managing and,delivering these local" services for the people who depend on the'm," said PaUadinL "We're encouraging local efforts to pool resources, share facilities, and make better u,se' ofthe range of local transportation resources that already exist." . .. .. .. .. .. .... ... . ..J.. , ~ 30- .. For further information, please contact: Anne:McLaughlin .' '. ,Corporate Policy&'Communications Branch , (416) 235-4102 Karep Gordon , Minister's Office (416) 327-9200 .. ... .Made from recovered materials , Fait de rilaleriauX recuperes .. - A~- COUNCIL INFORMATION 1-16 ICr=::.1 ~CAO - - 12 August 1996 - The Honourable Chris Hodgson Minister of Natural Resources 6th Floor Rm. 630 I, Whitney Block, 99 Wellesley St. W Toronto, ON M7 A 1 W3 - Dear Minister: - Re: AMO-ACAO Joint Protocol Pertaining to Non-Matching (Discretionary) Municipal Funding of Watershed Programs - On behalf of our respective associations, we are writing to present to you the joint AMO-ACAO Protocol rega~ding the "discretionary" municipal funding of watershed programs. This is in response to the municipal leyy regulation which was proclaimed on April 4, 1996. - In your April 12, 1996 correspondence to the Chairs of the Conser\'ation Authorities of Ontario you acknowledged that the time frame for preparing the 1996 Regulation was "very compressed". You also expressed your support - for our m'o associations' desire to provide greater input into the preparation of the 1997 Regulation. Encouraged by your support, we are pleased to present to you the result of our collaboration. - AMO in partnership with ACAO is exploring suitable arrangements to ensure long-term financial sustainabilit: of conservation authority functions and services. We also recognize that municipalities are accountable for the expenditure of local funds and must ensure that they have effective control over the deployment of these funds. - - This protocol is a framework for ensuring inter-municipal approval of conservation authority budgets. It reflects a common desire by our associations to set forth a balanced process that provides for more clarity than the Regulation promulgated in 1996, yet it is non-prescriptive in nature. The protocol also promotes a set of important principles to guide the partnership between municipalities and conservation authorities. - - The two associations jointly request that in 1997 you amend the] 996 Regulation to enable funding municipalities and conservation authorities to take advantage of the framework established in this protocol. Yours sincerely, \D!i~~UTioN I \ ~L,ly'~!r~I.--'~."'-'--'--"---/-- \)j :4~ ! 1.I..1. .11__.._. --.. -- -- ! \ ;;:"'1"'':-'--; R,,-i 4 }- " . -- -- ..-- - -- -- -- -- -- - ~ - - I' Gerry Houston Chair. ACAO - - - no ~G~ ihtl {<&I ... ,)U~ ......... JOINT PROTOCOL BETWEEN AMO AND CONSERVATION AUTHORITIES (ACAO) PERTAINING TO NON MATCHING (DISCRETIONARY) MUNICIPAL FUNDING OF WATERSHED PROGRAMS This document is the result of the collaboration between the two associations directed at developing a flexible protocol to establish the overall level. and apportionment of "discretionary" (or non-matching) levies by conservation authorities against their member municipalities. In the current climate of severe fiscal constraint municipalities are re-evaluating their priorities, and exploring innovative ways for funding all of their essential programs. Municipalities recognize the valuable functions performed by conservation authorities. AMO, in partnership with ACAO is exploring suitable arrangements to ensure long-term financial sustainability of conservation authority functions and services. Conservation authorities are unique inter-municipal special purpose bodies established - through legislation - along watershed boundaries at the request of member municipalities to perform essential watershed management services. This protocol is a framework to ensure inter-municipal approval of conservation authority budgets. This document also reflects a common desire by both associations to set forth a process that provides for more clarity than the regulation (promulgated in 1996 under Section 27 of The Conservation Authorities Act as revised by Bill 26) yet is non prescriptive in nature. BACKGROUND . In March 1995, the AMO/ACAO Task Force was established to study the various implications of the "one-window" approach to service delivery. (i.e. ACAO's Blueprint for Success.) Following the November, 1995 Provincial Economic Statement, and the proclamation of Bill 26 in early 1996. the AMO-ACAO Task Force has concentrated its efforts exclusively on developing this protocol. . Municipalities are accountable for the expenditure of local funds and must ensure that they have effective control over the deployment of these funds. . The cost effective management of surface waters and related activities requires a management unit that encompasses the surface water drainage system which in most of Ontario is configured on a inter- municipal basis. . Conservation authorities have broad powers to establish and undertake a conservation and resource management program on a watershed basis. Page I III ..., ." .. ... .. ... ." .. ... .. .. .. .. - .. .. ." III ... - - - - - - - ... - - - - - . .. - - ... ... . Conservation authorities have the legislative power to raise municipal funds to support watershed management programs by assigning a levy on member municipalities. These are grouped into three distinct categories of levy: general program costs; special benefiting project costs; and costs associated with capital expenditures. . These powers may now be changed by regulation under the Conservation Authorities Act as amended by Bill 26. For program costs where matching provincial dollars are available, levies are determined by simple decision of the conservation authority however, where municipalities underwrite program costs completely there is provision for a more enhanced form of municipal approval and consultation. . In 1997 the present regulation will change and municipalities will receive 30 days notice of a conservation authority meeting called to decide on a non matching levy component of the annual budget. . Municipalities now appoint the entire governing board of directors to all conservation authorities. Previously the province appointed some members to each conservation authority. This change was brought about by Bill 26; . Board members are accountable for their actions/decisions as a conservation authority member, to the municipalities who appoint them. Municipalities have the power to appoint members to a Conservation Authority and, on the basis of informal interpretation, have the power to terminate an appointment. THE NEW BUSINESS RELATIONSHIP The purpose of this protocol is to provide bilateral direction to deal with this potential adjustment in levying power (on non matching or "discretionary" costs) which reflects the interests of both parties and to ensure that municipalities and conservation authorities approach the matter of municipal financial support of watershed programs with a comprehensive understanding. The recommendation given to members of both organizations and like organizations is contained hereunder: Early notification and consultation between conservation authority and member municipalities are essential elements of this agreement: (a) Funding municipalities should provide preliminary fiscal policy direction or budget guidelines of their corporation as soon as available to the conservation authority; (b) Conservation authorities should provide preliminary notification of watershed management programs and the attendant cost for these programs during the preliminary budget preparation activities of municipalities; Page 2 . Where both local parties agree, a specific working process should be developed, which sets forth time lines for fiscal decisions, and establishes information requirements for each of the parties on budget matters, This specific process should encompass the following items as a minimum: a)Timing of municipal guidelines associated with the forthcoming year's budget; b)Timing of conservation authority preliminary and final budgets and timing of information flow to member municipalities on these matters; c)Requirement and timing of conservation authority/municipality budget discussions; d)Timing of formal municipal deliberations regarding voting instructions to its conservation authority members. COMMUNICATIONS AND ACCOUNTABILITY Communications between the two parties is of paramount importance and is essential. Accountability of decision making between the parties is enhanced through the conduct of municipal appointments to a conservation authority. Both these matters are of utmost importance and basic direction to members is provided: . Where a municipal appointment to a conservation authority does not respect the fiscal policies of his/her appointing municipality and/or where that member does not accurately convey the program activities and benefits of the conservation authority to his/her appointed municipality to the satisfaction of the municipality, then the appointing municipality should consider revocation of that member's appointment; . Both parties agree that a member municipality may direct the vote of its appointed member(members)to a conservation authority on matters of budget. Such direction must be in accordance with the fiscal policies of the municipality; . In the interest of ensuring that the fiscal issues and policies operating within a municipality are fully appreciated in the budget deliberations of a conservation authority, each member Page 3 .. .. .. .. .. lIIIlI .. ", .. ... - .. ... .. .. III ,. rtt1I .. - municipality of a conservation authority should be encouraged to appoint a member(s) of Council to the conservation authority. Where a member represents a grouping of municipalities, that member must respect the fiscal policies of appointing municipalities and must provide for an acceptable level of communications to appointing municipalities and the conservation authority. - - - In addition to the early notification guidelines and assurances of accountability outlined in this protocol, the process for inter-municipal approval is as follows: - . budget approval at a conservation authority will be by "weighted majority" of municipal members present based on Discounted Equalized Assessment within the watershed. An individual municipality can exceed 50% of total weighting only if it has a majority of members on a conservation authority board; - . Notwithstanding the above, if a conservation authority and member municipalities have a mutually satisfactory budgetary process, or develop one, then that process should supersede the guideline proposed in this protocol. - - BACKDROP MECHANISM - . Failure to develop a local agreement between a conservation authority and member municipalities will automatically subject the parties to the requirements of the regulation raised under Section 27 of The Conservation Authorities Act. - - - ... - .. - - - Page 4 - , I - ~bt. COUNCIL INFORMATION 1-17 ... unitE's Ontdrio's municipdlitiE's Association of Municipalities of Ontario - .. - September 17, 1996 - To all AMO members: - Re' Towing Companies and Fees - AMO received the attached letter from the Honourable Norman Sterling, Minister of Consumer and Commercial Relations. It outlines concerns brought to the attention of the Province about excessive towing fees charged by some towing companies in Ontario. - - The Minister encourages municipalities to take appropriate action where there is strong evidence of excessive local towing fees. As you know, the Municipal Act and Bill 26 provide municipalities with the authority to license and regulate vehicles for-hire including towing trucks. The letter highlights how these legislative provisions affect this particular issue and makes suggestions on how to move it forward, through discussions with the towing industry, insurers and others, at the municipal level. - - Please take the time to read the letter and bring it to Council's attention. - - ~ I DI-~rn~TION I c: rRI\ .L~---_.- l':':'~'i' (W '~'-~. ,~J \ ! Ui~) '1' ~-~.... 1 1_ -:..~j.:. ~',:"-,,,;:_. ---'-1 ; f' '~::I: . ,- :. f ~._--.~'_..,- ~,-"._- ""----r --..., ~h--"-'1 L-. ,,_u_" ; -- --'~.-1 I . }.. i II - ... Attachment ... .--' "..-.. ; .-- "'-'--1 ~ I I ! .... .~., ....... ~ - ~,.. ..._...~-_.~ - . -...----.. '""i - L il (;r5. 250 Bloor Street East. Suite 701, Toronto, Ontario M4W 1 E6 . Telephone (416) 929-7573 . Fax (416) 929-7574 - Office 01 the Minister ~ 'Il__" Onlallo .. \ Bureau du ministre Ministry of Consumer and Commercial Relations Ministere de la Consommation et du Commerce .. 35th Floor 250 Yonge 5t Toronto ON M5B 2N5 350 9tage 250 rue Yonge Toronto ON MSB 2NS 416/326.8500 .. 416/326 . 8500 .. August 1, 1996 .. Mr. Terry Mundell President The Association of Municipalities of Ontario 250 Bloor Street East, Suite 701 Toronto, Ontario M4W lE6 .. "" Dear Mr. Mundell: lIIIlI I am writing to bring to your members' attention the problem of excessive towing fees being charged by some towing companies in Ontario. .. Concerns have been expressed by consumers, insurance companies and some. towing companies about exorbitant towing fees, often charged to drivers under the stress of an accident scene on a busy highway or expressway. This concern has been serious enough to generate demands for the province to regulate towing fees. .. - I must tell you that I share concerns about the experiences some drivers have had with some towing industry members. However, after reviewing this issue, I have concluded that the issue of unfair towing fees would be best dealt with at the local level. I feel that local authorities are in- a better position than any Ministry to detennine fair towing fees for their communities. Local variations in highway size, accident volumes, traffic levels, topography and severity of typical winter conditions are all factors which would make uniform, province-wide fee controls problematic and which would appear to require local solutions to the towing fee problem. .. .. .. It is, in part, because of these local considerations that the Municipal Act gives municipalities the authority to license and regulate for-hire vehicles such as taxis and tow- trucks, including the right to set and control fees and fares. The recently passed Bill 26 strengthened this authority by enabling municipalities to license businesses which are located outside their boundaries but operate within those boundaries, as towing companies often do. This removed a major obstacle to.effective municipal regulation of the towing industry. '. - till III .. ... - - Mr. Terry Mundell August 1, 1996 page 2 - - I note that Metropolitan Toronto has decided to cap towing fees. The Metropolitan Licensing Commission (MLC) is permitting local industry members and other stakeholders including insurers time to consult and recommend an appropriate fee, but the MLC will recommend a cap ontowing fees from accident scenes and from private property. MLC believes that this step is justified because of the strong evidence of a towing fee-gouging problem in Metro Toronto. - - - In response to letters and calls on this issue, my Ministry's staff is now encouraging towing industry members and others to ask their local municipalities to consider reviewing and addressing this issue. While Metro Toronto has been cited by insurance companies and collision reporting centres as an area of acute problems involving tow truck operators, we are informed by insurers and towing companies themselves that fee-gouging by some towing companies occurs in many parts of the province. - - I would like to ask the Association of Municipalities of Ontario to raise this issue with its members, and to encourage further action on their part where evidence exists of a local towing fee problem. Frankly, I would prefer to see towing companies, insurers and others work together to control this problem without government intervention. However, if a cooperative, voluntary approach does not produce acceptable results, I believe that local governments will find solid public support for towing fee regulation, especially where fee caps are aimed to protect drivers whose vehicles are stranded at an accident scene. - - - Should you wish any further information on this subject, please contact Christopher Ferguson, MCCR Business Affairs Branch, at (416) 326-9363. He will be pleased to help you. Thank you for your anticipated assistance with this matter. - Yours truly, ~, - - Norman W. Sterling Minister - cc: The Honourable AI Leach, Minister of Municipal Affairs and Housing - - - '. ~bte COUNCIL INFORM~TION 1-18 Association of Municipalities of Ontario - . .. u/IJJD OIlUJrio'J _..u:iptsJilin - - - - - - ~II~II~I~I~I~~ ,~ . ...................... ... .'. ..11.111.. '.' '.' II... .11. ...S...B ......., .. - - - - - - - - - - 250 Bloor Street East. Suite 701, Toronto, ON M4W lE6. Tel: (416) 929-7573. Fax: (416) 929-7574 - AMO'S RESPONSE TO RECOMMENDA TIONS OF THE CROMBIE PANEL ON MUNICIPAL ADMINISTRA TION I. MUNICIPAL REFORM 1 . That a program of Municipal Legislative Reform be undertaken based on the following principles: · That legislation regulating municipalities be less prescriptive and drafted in a manner to give maximum local determination of process and outcomes · That municipalities be granted the rights of a natural person in respect of their organization and daily operation of the business of the municipal corporation · . That municipalities be granted broad authority in respect of the supply of goods and services to persons and property · That municipalities be granted governmental powers of local taxation and the right to pass and enforce by-laws · That the above stated principles be limited only to the extent that the province identifies a provincial interest in the outcome or process to be followed. AMO Response: AMO generally agrees with these stated principles. The practical test for determining whether or not the legislation achieves these principles will be evidenced by provisions that are worded in a 'results oriented' rather than 'task oriented' manner. The unfettering of municipalities, to give them "maximum local determination of processes and outcomes, " is to only be limited to the extent that the province "identifies a provincial interest". Legislation and regulations relating to municipal affairs should reflect agreements reached with the municipal sector rather than through unilateral provincial imposition. The new Municipal Act should embody a Provincial commitment to work with and consult municipalities on such matters. In addition, regulations should be minimal in number. The Sub-panel should be very conscious of this in their future deliberations. Simpler, permissive legislation, layered with numerous and detailed regulations will not result in effective reform. Page I lIIIlI .. .. ... .. ... .. ... - ... ... ... ... ... - ... ... .. .. .. AMO's Response to Recommendations of the Crombie Panel on Municipal Administration - 2. That a discussion paper on proposed municipal reforms be prepared, and made available to municipalities, local boards and the public, prior to the introduction of legislation. - AMO Response: - A #working draft" of the new Municipal Act (for both Stage 1 and Stage 2) should be prepared and each #working draft" be accompanied by a guide. The guide would identify changes to the current legislation and highlight the rationale for the change. This approach was undertaken for the recently proposed new Condominium Act and greatly facilitated the review of the proposed legislation. It was also a way to identify potential difficulties with the interpretation of the proposed legislation particularly in terms of its intended effect. - .. - 3. That Municipal Reform be undertaken in stages, 'as follows: - Stage 1: . Reforms related to the 1997 Municipal Election, including; municipal election procedures and finances; council size and composition; qualification; eligibility; questions on ballot. Municipal debt and municipal pension reform; municipal liability. - . - Stage 2: - . Complete overhaul of Municipal Legislation including: the general authority for municipalities to finance and carry out their powers and responsibilities. - AMO Response: - - The phased approach as proposed is a logical one recognizing the resources, scope of work, etc. for both municipalities and the Province. Timing will be important not only for the preparation and review of the legislation itself, but also in terms of an appropriate and reasonable transition period for municipalities to become familiar with legislation and its implementation. - - - - Page 2 - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration II. ELECTIONS 1 . That reform of Local Election related matters include: . Municipal council be permitted to determine council size, composition, members titles and method of election without reference to the Ontario Municipal Board or Legislature. That the minimum Council composition be Head of Council and additional members to a minimum total of 5 members. . AMO Response: .. - lIIIlI .. .. .. These are local government matters and AMO supports the proposed delegation of authority of municipalities. Providing for a maximum size of council is not necessary in legislation. It is important that Ontario not adopt a lIone size fits all lIIIlI approach II to council size, governance models, etc. Where the minimum size is not considered adequate, the community's need for representation will guide local decision-making as to the appropriate size. .. 2. Municipal Government voting day be changed from the second Monday in November to the Thursday after Thanksgiving (October 16 in 1997). 3. The Municipal Term of Office to commence November 1 in an election year; a change from December 1. AMO Response: The recommendation recognizes voters' needs for accessibility and convenience. However, it also may have an adverse impact on candidates in rural Ontario whose primary/secondary occupation is farming. Support limiting the "Iameduck council" period to two weeks after an election as this will afford an incoming council additional time to prepare next fiscal budget, etc. 4. The qualification period for electors be from the Tuesday after Labour Day in an election year until voting day; that the definition of "owner or tenant" be amended to clarify that land is separately assessed and not "liable to be separately assessed" and that a person can qualify as a resident elector in only one municipality. Page 3 - ... ... .. .. .. .. .. ... .. .. - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration AMO Response: - - Support the recommendation as it removes ambiguities (e.g., the ability of persons with garden plots or with seasonal trailers to vote) that have plagued the election process for some time while respecting the principles of recommendation 7. - - 5. The qualification to be a candidate; for persons not employed by Local Government, including school boards, the status quo will apply, except that provisions related to "undischarged bankrupts" be deleted; for Municipal Government Employees, including school boards, a single standard of eligibility be established, including permitting employees limited "leave of absence" to seek and hold local elected office. - .. AMO Response: - While this removes the inconsistencies of treating municipal government employees differently from others, it will be important to consider this change as part of the ongoing review of the Municipal Conflict of Interest Act. - - 6. All elected bodies be permitted to place a question on the ballot; OMS approval not required; and that a mechanism exist to permit referenda cost recovery. - AMO Response: - - In all instances, whether at the time of a regular election or not, municipal councils should have the discretionary authority to determine and assign the cost of conducting a ballot on questions or by-laws to the body requesting that the matter be placed before the electorate. - - 7. The current Municipal Elections Act be streamlined and modernized and reconstituted as legislation that is flexible for local needs and permits as much local discretion as possible within a set of guidelines that provide for: - · a fair and non-biased election; · fair and consistent treatment of voters and candidates within a municipality; · certainty that the results of the election truly reflect the vote of the electorate; · secrecy, confidentiality and privacy of voters and their votes are paramount; - - Page 4 - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration . the intention of a voter in marking the ballot should be the primary consideration in any counting decision; and voter accessibility and convenience and the integrity and scrutiny of the election process should take priority over administrative convenience and efficiency. . AMO Response While the principles are appropriate, they should not be incorporated into the legislation itself. Subsequent training activities and best practices material including AMCTO's "Returning Officers Manual" should reflect these principles. Incorporating these statements into the Act may create unnecessary, interpretative difficulties. 8. Municipalities be encouraged to use alternative voting methods (ie. phone or mail-in voting). Municipalities be required to have at least one day when voting is permitted in addition to voting day, reduced from two. An exception would be where the municipality provides an alternative and. electors can vote on their own behalf without the need to attend at a voting station (ie. phone or mail-in voting). AMO Response: AMO has promoted the need for legislation that enables the use of new technologies in municipal administration. In using technology for voting purposes, it will be paramount that the technology alternative maintain the "integrity, scrutiny, secrecy, confidentiality of votes and voters." Implementing this legislative provision will require careful design and AMO is prepared to assist in this effort. ... - ... .. ... .. ... ... .. ... .. .. .. 9. Voting hours remain from 10 a.m. to 8 p.m.; municipalities may provide for an earlier opening time to allow for consideration of local circumstances. .. AMO Response: Support the recommended approach as it retains a minimum provincial standard but allows local variation as appropriate. Page 5 - .. lIIIlI .. .. - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration - 10. Municipal clerk to retain the authority to appoint all necessary election officials; titles and duties not set out. - AMO Response: - This recommendation complements the concept of flexibility and local discretion and is needed to support recommendation 9. - 11. Eliminate the need for a specific municipal enumeration. - 12. The assessment commissioner discontinue voter identification notices and supplementary enumeration of campuses, Canadian forces bases and psychiatric hospitals in September of an election year. - 13. Voters lists no longer to be posted in conspicuous public places or to be available for sale but available for inspection from the clerk. - AMO Response: - - It appears that this series of recommendation could result in a single federal, provincial and municipal enumeration or none at all if a voters list can be developed from other sources. AMO supports the recommendations recognizing that they will streamline and reduce costs without jeopardizing the integrity of the election process and at the same time safeguard voter privacy. It may be appropriate to include some provision as to what a voter's responsibility is in terms of qualifying to vote. - - 14. - 15. - 16. - One combined registration/nomination form and filing as a candidate be permitted beginning January 1 in an election year. Nomination day be the Friday 27 days prior to voting day (September 19 in 1997). Nomination/registration papers be a paper copy with an original signature (no faxes). - AMO Response: - These recommendations will clarify legislation and streamline the nomination and registration process for both the municipal clerk and the candidate. - Page 6 - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration .. 17. A refundable deposit be required for registration ($200.00 set out in regulation) refundable if the candidate receives a minimum percentage of vote (% set out by regulation). - .. AMO Response: Support the recommendation. Since the deposit recommendation is similar to the Provincial requirement, it is suggested that the minimum percentage of vote be similar, i.e., 10%. ... .. 18. Municipal clerk be authorized to reject a nomination/registration paper if satisfied that the candidate is not qualified. lIIIlI AMO Response: .. Support this provision as it gives the clerk clear authority to make any necessary inquiries, seek appropriate information and provides clear authority to make the decision on qualification. .. - 19. Clerk to conduct a lot to determine the order of appearance of names on the ballot. ... AMO Response: .. While this recommendation achieves some fairness, it is inconsistent with the alphabetical approach used on the ballots for federal and provincial elections. This may lead to voter confusion. .. .. 20. Electors continue to be able to appoint someone to vote on their behalf unless the Council makes provision for persons to be able to vote other than by attendance at a Voting location (eg. Mail-in ballot); proxy form to be prescribed. ... - AMO Response: .. Recommendation achieves the flexibility to meet local needs. A prescribed proxy form is an appropriate provincial standard. .. . .. Page 7 .. .. AMO's Response to Recommendations of the Crombie Panel on Municipal Administration - 21. Recounts, by the Clerk, be continued, in the following cases: a tie vote; where the Councilor Local Board decides a recount is necessary in the "public interest"; if the Ontario Court (general division) is satisfied there are reasonable grounds for holding one. - 22. Recounts on the basis of closeness of vote be eliminated. - 23. Clerk be permitted to dispose of all ballots and papers 90 days after the posting of the "official results" unless a judge has ordered otherwise or recount and appeal proceedings have not yet been completed. - AMO Response: - - Recommendations bring clarity and focus to the election process. Support removing the subjectivity of what constitutes a "close" vote. It is important to bring timely closure to the election process. - 24. Current prOVISions with respect to election campaign financing be maintained, except as follows: - . . . - . . - Parts II and III of the Municipal Elections Act be combined the role of the commission on election finances cease any person be permitted to bring a court action for violations of campaign finance provisions councilor local board be permitted to undertake a compliance audit the time limit for lodging a campaign finance complaint be within 90 days of the filing deadline - AMO Response: - Support recommendations in terms of bringing closure to election proceedings. It is unclear however, whether a complaint can be filed only within 90 days of the filing deadline or whether it is within 90 days of subsequent filings where a deficit is being erased (relates to recommendation 27). The later circumstance seems appropriate. - - 25. Campaign contributions, fund raising and expenses are only permitted during the campaign period. - 26. Campaign period commences on January 1 in an election year and after registration/nomination filed. - 27. Campaign period ends on November 1 in an election year but may be continued in order for a candidate to erase a deficit. - Page 8 - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration .. AMO Response: While the current 15 month campaign period is shortened to 11 months, clear authority is provided to allow fundraising beyond November 1 in order to eliminate a deficit. Support for these provisions. .. - 28. Current restnctlon on media advertising except during the 28 days .. proceeding voting day be eliminated. .. AMO Response: Support the recommendation as this matter should be left to the judgement and discretion of the candidate. .. .. 29. Where a candidate would otherwise have a surplus, that the candidate be able to return own or a spouse's contributions to the point of reducing a .. surplus to zero. 30. Candidates who spend or raise less than $10,000 be required to file a .. financial statement noting any surplus or deficit position including listing all contributions over $100. .. 31. Candidates who spend or raise $10,000 or more be required to file an audited financial statement in the prescribed form. - 32. Candidates be required to withdraw nomination/registration before filing a second nomination/registration; each to be treated as a separate campaign; exception where there are no wards, campaign deemed to be continuous. .. 33. Clarify that services donated by people acting on a volunteer basis do not count as a contribution. lilt 34. Only campaign surpluses in excess of $ 500 be required to be turned over to the clerk and held in trust for future election purposes; surpluses of $500 or less be deemed to be the candidate's own funds. lIIIlI 35. Where a local councilor local board decides to underwrite the costs of candidate's election campaigns through a contribution rebate system, that the administration of such a system be the responsibility of the local board or council as the case may be. .. .. .. .. Page 9 ... - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration AMO Response: - These recommendations provide a set of clear rules for all affected parties and will advance additional accountability in the process. - - 36. Reduce the number of prescribed municipal election forms from 40 to 5. - AMO Response: - We understand that the prescribed forms will be limited to the following: nomination/registration, proxy, candidate and audited financial disclosure and the ballot form. This recommendation will streamline and reduce the cost of municipal elections without jeopardizing the integrity of the process. - - Additional reforms in respect of the following matters also be included in Stage 1: - 37. Licensing of taxis at non-crown owned airports to continue. - AMO Response: Support the continuation of this licensing authority. - 38. Tax-free allowances for local government representatives be eliminated. - AMO Response: - Since Minister Leach is not proceeding in the short term with this proposed change, this matter will be brought before AMO's Board of Directors for further consideration. - 39. Inquiries into municipal conduct under Municipal Act section 178 be eliminated. - - AMO Response: - Support this change recognizing that other avenues of investigation are available. As Stage 2 of Municipal Reform proceeds, the Municipal Administration Sub- panel is encouraged to look at these other methods of investigation to make them timely, effective and fair to all parties. - Page 10 - AMO's Response to Recommendations ofthe Crombie Panel on Municipal Administration .. 40. Delegation of authority of non-legislative duties to committees and staff by council be permitted subject to limitations. - AMO Response: Support this change since enabling a council to delegate a wide range of administrative responsibilities permits elected officials to devote their time to policy and governance matters. Providing for this type of delegation complements AMO's desire to see local determination of processes in order to achieve better service and government. .. ... .. 41. Complementary amendments to facilitate the above recommendations, including repeal of private bills, relating to council size, composition, titles .- and method of election. lIIIlI AMO Response: Support this housekeeping process as it will ensure the recommendations are properly implemented across the Province. It is recommended that during Stage 2 of Municipal Reform, that legislation (e.g., the numerous private bills relating to various municipalities) be consolidated into one new Municipal Act. This would streamline any future legislative activity and certainly provide a better service to Ontario taxpayers. .. ... .. ... III. DEBT & INVESTMENT The Municipal Act and other related acts (e.g., Metropolitan Toronto Act, ... Regional Municipalities Act, Regional Acts) be amended to: 1 . Use the Trustee Act as the base to define municipal investment powers and give the Lieutenant Governor in Council (LGIC) power to add or delete eligible investments and prescribe applicable conditions by regulation. ... ... 2. Give authority to prescribed municipalities to issue variable rate debentures and the LGIC power to prescribe through regulation conditions to be met for the issuance of variable rate debentures. ... 3. Allow municipalities and entities of the broader public sector to cover each other's short term borrowing requirements. ... 4. Give municipalities greater flexibility on timing of interest payments subject to at least one payment to be made annually. ... III Page II ... - 5. - . - . - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration Make various housekeeping and editorial amendments related to municipal debt and investment powers: To clarify and standardize inconsistent or unclear wording or inconsistent or archaic borrowing powers or responsibilities; To remove unnecessary provisions requiring OMS approval related to the financing, refinancing and financial management of those projects or commitments. - 6. The foreign currency borrowing regulation be amended to: - . Allow prescribed municipalities to issue debt in the Australian Dollar and the Dutch Guilder . Make wording in the regulation consistent with the Municipal Act - 7. A regulation relating to eligible investments be developed which (1) limits share ownership in anyone company to no more than 10% of the voting shares and (2) requires that municipalities adopt through a resolution of council a statement of investment policies and goals. - - 8. A regulation relating to variable rate debentures be developed to specify that (1) only municipalities having a double "AA" minus credit rating status can issue such debentures in prescribed currencies (2) the total amount of such debentures should not exceed 15% of total gross debt at anytime (3) indices to be used as basis for variable rate issues are the bankers' acceptance rate and the London Inter Sank Offer Rate (USOR) (4) municipalities must enter into financial agreements (hedging) which would fix the interest rate within one year after the variable rate debenture. was issued (5) once a rate has been fixed through a hedge, it is not allowed to undertake subsequent hedges for the same transaction (6) hedges are limited to interest rates only and not the principal portion and (7) the treasurer shall at least prepare and present to council detailed quarterly reports on each hedged and unhedged variable rate debenture issue. - - - - - AMO Response: - These recommendations are supported in principle. They consider and balance investor confidence, municipal interests (reasonable access to and costs to credit) and provincial interests (potential impact on its credit rating and borrowing costs). The use of regulations provides for timelier response to change, however regulatory changes should come about through agreement and discussion with municipal sector representatives. AMO is willing to offer the necessary expertise to the preparation of these regulations and encourages the Minister to convene a group as soon as possible. - - - Page 12 - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration .. IV. PENSIONS - The OMERS Act be amended to: Revise the definition of"employer" to: lIIIlI 1 . Clarify that municipalities and local boards are automatically employers for the purposes of the Act. .. 2. Allow the OMERS Board instead of Cabinet to designate associations of Municipalities, Local Boards or their officials or Employees for the purposes of the Act. - 3. Allow the minister by regulation to amend the cabinet regulation to the extent necessary to bring the plan into compliance with the Income Tax Act (ITA) and the Pensions Benefits Act (P.A.) from time to time. .. .. 4. Create regulation authority to allow the OMERS Board to provide annually for indexing of Pension Benefits to a prescribed extent. .. 5. Make housekeeping changes. (For example change the Pension Benefits Act to comply with the Income Tax Act). .. The OMERS Regulations be amended to: .. 6. Permit the transfer of assets from OMERS to private sector plans. ... 7. Allow the minister by regulation to amend the cabinet regulation to bring the latter into compliance with the PBA and the ITA. .. 8. Make housekeeping changes to bring the OMERS Plan into compliance with the ITA and P.A. and clarify wording and authority including authority to provide ad hoc indexing of benefits on a year by year basis to bring indexing up to a maximum of 100% of CPI. ... 9. The OMERS Board not be allowed to make final decision on benefits, supplementary or otherwise at this time. .. .. AMO Response: .. It appears that the changes are intended to consider the needs of the municipal sector employers and employees when making decisions about the plan. Support the above recommendations as well as the Sub-panel's recommendation that lIenhanced pension portability between OMERS and private sector plans ... .. Page 13 .. .. AMO's Response to Recommendations of the Crombie Panel on Municipal Administration - should be an explicit goal." This is one of the most significant impediments to the municipal sectors' ability to achieve alternate service delivery practices. AMO anxiously awaits future recommendations that will achieve this goal. - v. MUNICIPAL LIABILITY - 1 . Nuisance Liability - - That municipalities and their Public Utility Commissions be provided immunity from liability resulting from nuisances that are caused by the failure of municipal sewer and water systems. AMO Response: This implements AMO's position. - 2. Joint and Several liability - - That the existing framework of joint and several liability under the Negligence Act be replaced by a new process which would reallocate the share of liability of any defendant that is unable to pay his or her share (ie. Insolvent, carry inadequate insurance, or untraceable) to all remaining defendants and the plaintiff (if found to be partially at fault), according to their relative shares of fault. That payments be limited to two times the liability. .. - AMO Response: - There is a long held perception that municipalities have "deep pockets" and there has been little concern with the effect on municipal insurance rates and taxation. This recommendation is a reasonable starting point that limits municipal exposure. Since the recommendation impacts other types of corporations, AMO retains the right to comment further pending the review by the Attorney-General. - - 3. Negligence liability for Statutory Duties .. - That current statutory duties requiring municipalities to maintain roads, bridges and sidewalks, to maintain property in a condition that is safe for occupants and to inspect the construction of buildings be maintained. - That existing common law protections from li~bility arising from the performance of these statutory duties by municipalities be codified in legislation. - rage 14 - AMO's Response to Recommendations of the Crombie Panel on Municipal Administration AMO Response: The recommendation does not provide municipalities with any further protection from liability than they current have through 'common law' protection. Codifying existing 'common law' in the Municipal Act will not address the current concerns with liability. Municipalities should be given the authority to determine the inspection and level of maintenance for public infrastructure and services. Negligence liability should be weighed against municipal policies on maintenance standards and not some broadly stated legislative objective and judicial determination of what the appropriate standard of care is in a municipality. 4. Negligence Liability for Discretionary Functions That existing common law protections from liability arising from municipalities I performance or failure to perform discretionary functions be codified in legislation. AMO Response: Similar to 3 above. VI. PROVINCIAL OFFENCES ACT 1 . That the Government make an announcement in the near future of its intention to give further authority to local government for administration and prosecution of the Provincial Offences Act. AMO Response: While this is a potential, new net revenue source for the municipal sector, the objective must be to ensure that municipalities achieve full cost recovery. Municipalities need disclosure of information on revenue and costs, including information on the costs for start up as well as ongoing operational costs. The experience of municipalities administering Part 2 (parking) could provide some of this information. As well, cumulative impact analyses of this and other potential transfers of responsibility must be undertaken to fully understand the 'effect on Ontario taxpayers. Page 15 .. .. .. .. .. .. .. ... ... .. ... .. ... .. .. .. .. III III - - - - The Association of Municipalities of Ontario - The Association of Municipalities of Ontario (AMO) is a non-profit organization - with membership from approximately 700 of Ontario's 815 municipal - governments, representing over 95 per cent of the province's population. The mandate of the organization is to promote, support and enhance strong and - effective municipal government in Ontario. - - Towards fulfilling this mandate, AMO undertakes a range of activities on behalf of its membership: develops policy positions and reports on issues having an impact on, and of general interest to, municipal governments; represents and expresses the municipal viewpoint to other levels of government and authorities; represents the municipal sector in intergovernmental discussions and negotiations; informs and educates governments, the media and the public on municipal issues; markets innovative and beneficial services to the municipal sector; and maintains a resource centre on issues of municipal governance. - - - - - - - - - ~ ,- COUNCIL INFORMATION CENTRAL LAKE ONTARIO CONSER\lAUON.tWTHORITY ~I~19 - M I NUT E S - NO.7 - AUTHORITY MEETING Tuesdav. SeJltemher 17. 1996 - 7:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA - Present: B. Nicholson, Chairman R. Anderson, Vice Chainnan J. Drumm G. Emm J. Gray H. Hall L. Hannah I. Harrell R. Johnson R. Lutczyk i- ti ( - - - J. R. Powell, Chief Administralive 0 flicer C.L. Conti, Director of Resourc.e Planning D. Wrighl, Manager of Planning M. Pe.1cock, Manager of Engineering M. Hrynyk, General Superintendent B. Fry, Planner R. Hersey. Planner G. Geissberger, Community Relations J. TUlkoluk, Accounts C. Cook. Resource Technician M. Stauffer, Recording Secretary ... -c_ '~'-, Absent: M. Brunelle C. Elliott '.. Excused: R. Boychyn S.L. Hanson. Director of Corporate Service.'1 ,y' .. The Chairman called the meeting to order at 7:00 p.m. The Chainnan thanked staff for the new setup and circulation of agendas to include each Municipal Clerk and a number of media contacts. He encouraged members for their input and for additional suggeslions regarding circulation. - DECLARATIONS of interest by members on any matters herein contained - NONE ~- - ADOPTION OF MINUTES of meeting of June 18, 1996 Res. #103 Moved by R. Anderson Seconded by J. Gray - - THAT the Authority mil/lites of Jlllle 18, 1996 be adopted as circlllated. CARRIED - ... ~ :t ";' t-I .. - .'\ II AUTHORITY MINUTES. SEPTEMBER 17, 19?~. ~AG~2 .. CORRESPONDENCE #963039 Municipality of Clarington rc: Letter of Appreciation. Clarington Duck Dertly ,.. #963265 Circulated from Association of Conservation Authority of Ontario rc: Globe and Mail Article - Flood Prevention ~ #963625 Region of Durham rc: 1995 TAC Environmental Achievement Award Res. #104 Moved by J. Drumm Seconded by R. Lutczyk ..... \~'''i !?;:'~! (/' THAT correspondence items #963039 (attnched as Schedule 3-1), #963265 (attached as Schedule 3-2) and (attached as Schedule 3-3 to 3-5) be received for u/formation alld filed. CARRIED REFERRALS FROM TilE EXECUTIVE COMMITTEE Staff Report: #4053-96 Ganaraska Region Conservation Authority Res. #105 Moved by J. Gray Seconded by L. Hannl\h lIIIlI THAT the CLOCA Board of Directors authorize the Chairman alld ChkfAdminLrtrative Officer to develop with their:;.' . counterparts on the Ganaraska Region Conse",atioll Authority a report on the rationalization of staff between the:two>!'i~' Conse",ation AuthoriJks alld to submit same to the respectille Boards of Directors for consideration in October, 1996 :;:t:l;~{;'/ " (attached as Schedule 4-1 alld 4-2). CARRIED Staff Report: #4059-96 Corporate Logo ",.,.......... ] ~~\ Res. #106 Moved by I. Harrell Seconded by R. Anderson THAT the staff report #4059-96 (attnched as Schedule 4.3 to 4-4) be reccilled for illformation,' alld, THAT the logo be approved alld adopted by the fuD board. CARRIED . . .. ';1 ,:;., J '9 ... Councillor Anderson commented on the excellence of the logo. DIRECTOR RESOURCE PLANNING -PLANNING & ENGINEERING REPORTS ... ~! Staff Report #4066-96 Applications for Construction. to Place Fill and to Alter a Watcn:ourst: ... Res. #107 Moved by J. Gray Seconded by R. Lutczyk .. THAT the foDoll'u/g applicatiolls he approl'cd alld the respectillc pumus be Lrsucd: Oshowa Shrine Club Ahtrray F. Hallgel .:.tr;,';W ii! .. Sdtkiss Developmellt Co. Ud. RltINles Tanks Limited'::' - 096-170-F 096-197-F ,: 096-20J-F(18T~94003) ~ 096-204-F, 096-205(204)-C. & 096-206(204)-A . ., -<.~ ,/ .;r~ .J .. .1> Rl'S. #107 (continuM) AUTHORITY MINUTES - SEPTEI\1RER 17, 1996 - rAGE 3 Shelagh Bailey Alall Morrow 1097073 Ol/UrrW LimiJed O/A Regel/cy Heights RlIsseU Daigle Alex Pallkiw James Hood MiUhllild Rel/ova/ioils/ Cedar Dale VlliJed Church Tralls-Northem Pipelilles Inc. 1097073 Ol/Urrio UmiJed O/A Regel/cy Heights Steve Devecseri COl/st. Lid. Strahl COllstructinll KUT.ellko Homes Stevell Baxter Joe Porco Mark Mallnulger/Pat Cassidy Arya IlIvestmellts 1097073 OIlUrrio UmiJed O/A Regellcy Heights Fridel Limited Terry Twine/G. alld L. Beach James Slater Kenlleth Mercer Andelwood Homes Teunis J. Verhoog Graham Walker 563301 OlltarW II/c. Gord Griffiths Andelwood Homes Regional Municipality of Durham Jacqueline and Graham Potter Scott Pel/found Regional Municipality of Durham Mark Tomina Keuning COllstructioll Limited Fridel Limited Corporatioll of the TowlI of Whitby .. .. - - - - .. .. - .. I - .. Mike Mysko Duramoll/d Lld.lKirby Struc/lIres Andrew Wood Tom Archibald/Aqua Pools Shannoll Pollard . Arldzeline Miroll TOII.1 Pearce Barry-Bryan Arsocia/es (1991) Lid. - .. Statut Bonnella Daw MacAskiO ~ Days PooLr & Spas/Debbie Fox Ur60n WasseU Groham Carson EdWlrd Pomer/cau Ewing Pools/B. Dykemall EwiIIg PooLr/Mr. Wiggers Eilfler Trail Gonl Griffl1hs Ewillg Pools/B. Meechall Kidts Structllres Ellguleers E-.iItg Pools/Mr. Johl/sol/ E-.iItg Pools/Mr. Phelan Gal, Muir Co6ir CampbeU - - ... lit .. - 096-223-F - 096-233-F & 096-234(233)-A - 096-245-F(18T-91017) - 096-246-F(l8T-94003) - 096-248-F(l8T-94003) - 096-253-F(18T-94003) - 096-256-F - 096-263-F - 096-264.F - 096-266-F - 096-269-F(l8T-91017) - 096-272-F - 096-273-F ':.1' - 096-274-F .31i . - C95-365-F'. . ....... ... ; - C96-I7I-F & C96-172(171)-C(l8T-87023)'?:,~~;,~\\f .. - C96-181-F.: - C96-182-F - C96-187-F(18T-87034) - C96-226-F - C96-229-F(18T-89053) - C96-237-F & C96-238(237)-C - C96-239-F - C96-243-F - C96-247-F - C96-254-F - C96-275-F - C96-282-F(l8T-92010) - W96-1/3-F, W96-1/4(113)-C & W96-1 15(1 13).A - W96-132-F - W96-169-F - W96-176-F - W96-179-F & W96-180(179)-C(18T-79014) - W96-183-F - W96-185-F - W96-190-F - W96-193-F, W96-194(193)-C & W96-195(193)-A - W96-196-F '.',: ',. - W96-198-F & W96-199(198)-C(l8T-87053) - W96-204-F - W96-207-F - W96-209-F - W96-216-F(l8T-74127) - W96-217-F - W96-218-F & W96-219(218)-C(18T-87077) - W96-220-F - W96-225-F - W96-227-F(l8T-79014) . W96-228-P' '" - W96-2.1I-F - W96-2.12-F - W96-242-F - W96-U4-F . 096-208-F - 096-210-F - 096-21I-F(l8T-9J017) - 096-213-A . 096-222-F '\~"':: .~;'! !!f.;l ~ ~ .~~~ ri!\ "'1 ':<'~'j ~ ~ .,'............'..1.1<'.:. ~'!~:~'." " ,'. i."~ J.' : fl .~ ~, ,. ~I ~~. /".' ~ tl .,.. ,. !.,t, .. ... :- AUTHORITY MINUTES - SEI'TEI\1RER 17, 1996 - PAGE 4 Res. #107 (continued) ~'J{ Erill MiJ1s Develop",e"t Corporatioll . W96-250-F, W96-251(250)-C &, 't.-..,~",' \f96-252 (250)-A (l8T-90044) "1 ')' ,~ - W96-258-F G.' V : ~::;:~:~.i1i:~;'~' ~.. ' - W96-271-F.:",' " - W96-277-F(18T-79014) ,",":')~\}i";1i'(, r : FoEH:; : A~~~~%~~g::~fli~;1 \;t,~~;;r~)?;:f - ""', \' i!\\~!"f~l,' j ,.', ';';'ll:;Y'i"\i:/!~: r ii"tr~\::">'~' ',.' *~:.. Wi11iom Goddard Ferdil/al/d Wagller Ttam's COlltractil/g/Edwards/Davies L.E. Mileties Ell'ulg Pools/J.E. Bugelli EwuIg PooL5/D. Coles EwuIg PooL5/Mr. Niedarmaier Tralls-Northem Pipelil/es IlIc. (attached as Schedule 6-1 to 6-7) CARRIED Staff Report #4058-96 Additional Capital Projects as Requested by the Town of Whitby Res. #108 Moved by J. Drumm Seconded by H. Hall .~ <ftf~f!:.:; ~~1~!~,:;. THAT it be resolved that the Celltral Loke Olltario COlIsen.lttioll Authority adopt the projects 1I0ted above to be implemellted as per Staff Report #4058-96 (attached as Schedule 6-8),' alld, TRAT, at this time, 110 Authority fillldblg will be provided forthe!ieprojects. AMENDMENT Moved by I. Harrell Seconded by J. Dnllnm .. ,.'., , .~. THAT it be resolved that the Celltral LokeOlltario COllservatioll Authority adopt the projects 1I0ted above to implemellted as per Staff Report #4058-96 (at/ached as Schedule 6-8);alld, THA T no Authority fiU/duIg will be provided for these projects. Res. #108 CARRIED AS AMENDED ,,;;tr"i,~'~I', ,.'::;rJ~1I"li ,\,' {, Staff Report #4065-96 File Tracking Report - Planning Applications . '/' ~f Res. #109 Moved by R. Anderson Seconded by I. Harrell .. THAT Staff Report #4065-96 (attac1lCd at Schedule 6-9 to 6-12) be receil'ed for illformatioll alld filed. CARRIED .. Staff Report: F'ile No.: Applicant: Application: Location: '4067~96 096-259-F, 096-260(259)-C & 096-261(259)-A C.A.I. Commercial Administrators Inc./R. Gay Application to Construct a Funeral Home with Associated Servicing. Parking Area and Landscaping 847 King Street West, Oshawa ... ':11;1 It'" I' T \. Res. #110 Moved by J. Gray Seconded by R. Lutczyk ... mAT staff report #4067-96 (attaclled as Sclledule 6-/3 to 6-16) be received for blformatuJlli THAT tile Board elldorse permit 096-259-F & 096-260(259)-C subject to tile followillg specijied cOllditio"s, a"d,. THA T the Board approl'e the applicatulI/ to alJer a lI'atercourse sllbject to tile lL5ted cOllditiolls. .. 096-259-F & 096-260(259)-C (Isslled Fill alld COlIstructioll Permit) <'1:i:<1,: ~.i1\\!.,i;.'!>;'''''>' _ ;~:'~"" ,-r., :.' '.; .,'.. 1. 111e project shall be carried out gellerally as per the pll/llS submitted ill support of the applicatulII as the~ maybe,i: >. ." t~ "me"ded by cOllditio/isof thif permit (.fpecijicall)'Site Service alld GmdillgPIl"" Drall'ulg No. SP-I, Project ~0006 as 'II prepared by D.G. Biddle & Associates Limited, Plot date JUlie /7/96). >. .. , i.",.~.(t Conditions: " ': ~ ,:,~~,~,:;~ "i .. f' AUTHORITY MINUTES. SEI'TEl\fIlER 17, 1996 - PAGE S - Res. #110 (continued) .. - lilt - .. .. - .. .. .. Staff Report: File No.: Applicant: Application: Res. #lll .. lilt .. .. - - .. .. 2. Prior to allY excal'atioll of the creek bed or ballh, the applicallt will provide the C.L.O.C.A. with verifu:ation of M.N.R. approval of the works. 3. Prior to cOllstruction of the olltfall or outfall challl/el. the applicallt shall provide further details regardillg the bioellgilleerillg desigll alld lIaturalized stabilizatioll meaSllres proposed. All additional permit shall be obtained for these works. 4. Prior to allY fillil/g or gradillg, appropriate sedimelltatioll cOlltrolf shall be erected between the fill area and the creek to prevent the movement of sedimellt off-site alld illto the watercourse. 5. Sedimentation controlf shall be m(l;'ltained ill good working order until all difturbed areas have been stabilized. The applicant agrees to place alld m(l;'lta;II allY addit;ollal c(lI/trolf as may be reqllested by Authority staff folWwing commencement of works on-site. 6. All diftllrbed areas shall be seeded, sodded, or stabiliz.ed ;1/ SO/lIe other mallller (lCceptable to the Authority as soon as possible alld prior to the expiry of thif permit. :{\; ~ (~, ...- '~;~ 096-26U259)-A (Alteratioll to Watercollrse Perm;t) 1. The project shall be carried out gellerally as per tlu! plallS submitted ii, support of the applicatioll as they may be' ". ..:, .\tjl amended through cOllditiolls of this permit. . .. '. :;;.,,~,' '~1 2. Prior to the Issuallce of a permit, the applicant shall provide additiollal ii/formation regardil,g ill-stream sedimeniotiDn' .. ~ controls acceptable to the Authority. w 3. Prior to excavation of the outfall challnel or any bl-stream works, the applicant shall erect appropriate sedimentation ~i: cOlltrols as ap~~oved by the Authority. These COlltrolf shall be mail/tail/ed bl good workil,g order until all diftU. rb.....e.. d...,.:'.....';.....:..:..... t.~.: areas are stabilized.. . .... ;: . [.k",; f! 4. No ii/-stream works shall be carried out betweell the period of September 15 to JUlie /5. ' 5. Accumulated sedimellt behind iI,-stream sedimentation controlf shall be removed U, a mallller which will not result in the release of trapped sedimellt ii/to Ihe watercourse upon difCOlllulUatioll of the cOlltrolf. 6. The oWller shall ellter iI/to a Save-Harmless Agreemellt with the Authority 10 be regiftered Oil title at the owner's fJI expellse. ":;~ ~! 7. All fill areas alld other Iocatiolls disturbed during the constructioll shall be seeded, sodded, or stabilized in some other;:. ie' nU",IIer acceptable to Ihe Authority as soon as possible and prior to the expiry of this permit. ~! CAR~EO ~ ~ ~~ '4<'~ f< #4068-96 096-288-F & 096-289(288)-C 1070661 Ontario Limited/Dr. B. Khosr.lviani Redevelopment of Existing Residential Dwelling for II Professional Offi~'e with Associated Parking 'f1 it; ~, t Moved by R. Anderson Seconded by J. Gray ~. THAT staff report #4068-96 (attached as Schedule 6-17 to 6-19) bereceil'ed for iI,formalion,. and, THAT the applicatioll be approved subject to the fol/owillg. cOllditions: , ;.~~i' Jl .j:: , it; 1. The project shall be carried Ollt gel/crall)' as per the plalls sub",itted ill SIIpport of the application as they may be amellded b)' condiliol/s of this permit. 2. Prior to the u,uiatiOlI of grMil/g alld cOllstruetiol/, appropriate sedbllelltl/tioll cOl/trols shall be erected around the perimeter of the site 10 prel'el/t sedin/ellt fro", washing OlltO adjacent private Iallds alld/or iI,to adjacent ditches, watercourses or storm sewers. 3. Prior to occupallc)' or use of the structure, the appfieallt sha/l prol'ide vcrijicalioll by a Regiftered Professional EIIgil,eer or Surveyor that the lowest opell;l/g elel'ati/JI/ into the structure if at least 105.78 m. 4. All difturbed areas sha/l be seeded, sodded, or stabilized ill some other/1U11I11er acceptable to the Authority as soon as possible alld prior to the expiry of tl/if per",;t. CARRIED i\ ~ 'j;. f AUTHORITY MINUTES. SEI)TEMnER 17, 1996. rAGE 6 :) /I ... Staff Report: File No.: Applicant: Application: #4071-96 096-296-F & 096-297(296)-A Region of Durham Application to 'Place Fill and Alter A Waterl'ourse - To Clean and Rehahilitate a Small Pond r Res. #112 Moved by R. Lutczyk Seconded by L. Hannah ... THA T Staff Report #4071-96 (attached as schedule 6-20 to 6-2.1) be receil'ed for il/formatiol/. al/d that application 096-296-F & 096-297(296)-A be approved subject to the followil/g cOl/diti(J//s: ~ 11 1. The project shall be carried out gellcrally as per the pkms submitted in support of the llpplicatioll..Ji,{',\,J"" 2. Prior to the initiotioll of grading alld cOllstructioll, the proposed sedimelltatioll cOlltroir shall be erected Oil the~ite';'t~., . prevellt sedimellt from washing UltO the watercourse. These cOlltroir shall be maultaulCd UI a state of gOo~repair~i/'r':. 3. ~:~~~:~~~ t:::~~~~:;:'~l/t of work, the applicallt shall I/otify staff so that the detaUr of the project can be';;~~~~!~:tt'\~':1 oil-site.. ' . '<.)%0':~().;/)\l>, 4. AU ~isturbed a~eas shaU be s~eded, s~dded, ~r stabilized ill some other mQl/ller acceptable to the AuthOrity~.,~.,....~.,.o.'.'.,o.~.').~.:"'.4is>.".g..:.,1..\ possible and prIOr to the expzry of tIllS permit.,."t":i!U ~'S,; CARRIED , . '. '. !~t,';'.;,5:'" THAT Staff Report #4064-96 (attached as Schedule 7-1 to 7-6) be received for iI/formation,' alld, THAT the Authority gille stoff permission to proceed with the followulg: Councillor G. Emm arrived at 7:15 p.m. DIRECTOR OF CORPORATE SERVICES REPORTS Staff Report #4064-96 1996 Capital Project Upgrade for Lynde Shores Conservation Area Res. #113 Moved by J. Drumm Seconded by I. Harrell \,;,,::;~.;:,:~, ,!~~, ;,ij .. 1) Commellce a CommllllicatiOll Strategy upon completioll of tJledraft project pktns alld report back to the Authority Board with the fil/al draft of the project. 2) 'Collstruct parking wt up to a cost of $40,000.00. 3) IlIitiate Pay alld Display Parking/Admissioll System lip to a cost of $/4,000.00. 4) Upgrade the Bird Feeder TraillVith all upper limit cost of $/4,000.00. '''':~IJ AMENDMENT Moved by J. Drumm Seconded by I. Harrell .. ,;:-,,;; THAT the Pay alld Display admifsiOll fee be set at $l.OO/car/day. 1''' .~ 'i" Recorded vole was requested YEA: J. Dnlmm I. Harrell G. Emm B. Nicholson NA Y: R. Anderson H. Hall J. . Gray.: R. Lutczyk L. Hannah DEFEATED .. AMENDMENT Moved by R. Anderson Second by H. Hall 3) l1,itiate Pay alld Dirpkty Parkil/g/Admission S)'stelllll{1 to II cost of $/4,000.00, al/d that if be effective Jallllary 1, 1997. CARRIED III <J """::h'/Iii;'~ "';"";:"'..')'1\.-,.t~ ,." -:,".";"";'-(;"^'". , .-,-,';, ~ ~ .~ ... " ',,} ~ 3 .. .! AUTIIORITY MINUTES - SEPTEI\1nER 17, 1996 - PAGE 7 - Res. #113 (continued) .. AMENDMENT Moved by G. Emm Seconded by I. Harrell THA T staff investigate alld report hack Oil a n/lJ//tltly (/lid alllllwl fee charge. CARRIED - Res. #114 Moved by J. Drumm Seconded by I. Harrell - THA T item 3) be separated from amellded recommelldatioll for votillg purposes. CARRIED Res. #115 Moved by J. Drumm Seconded by I. Harrell - - Recorded vote was requested YEA: R. 'Anderson H. Hall J. Gray R. Lutczyk L. Hannah B. Nicholson NAY: J. Drumm I. Harrell G.Emm 3) IlIitwle Pay alld Display ParkillglAdmissioll System up to a cost of $14,000.00. alld thai it be effective January I, 1997. .. CARRIED ~: :~ll - THAT Staff Report #4064-96 (attached as Schedule 7-/ to 7-6) he received for illformatioll: alld. THA T the Authority give staff permirsioll to proceed wilh the folloll'u/g: .. 1) Commellce a Comm/micatioll Strategy UpOIl completicm of the draft projectplalls alld report back to the AuthoriiyBoard M'ilh the JU/al draft of the project. ". 2) CoIIStroct parkillg lot up to a cost of $40,000.00. 3) Upgrade the Bird Feeder Trail with all upper limit cost of $/4.000.00.<; Res. #113 CARRIED AS AMENDED - Councillor Harren commented that he was pleased to see initiatives being presented to upgrade the Lynde Shores Conservation Area. - The Chainnan suggested approaching area community groups, service clubs. and naturalists groups to assist with funding. The Chainnan suggested that the Authority develop a "Policy of Pay and Display" for all Conservation Areas. .. CounciIlor R. Johnson arrived at 7:55 p.m. HEARINGS - ONTARIO REGULATION #145/90 (. .. Staff Report: File No.: Applicant: Application: Location: 4070-96 C96-:!83-C Marsden Barrick Application to construct a 16' x 24' storage building 147 Cove Road, BowmanviIle ;-..~' ' - Res. #116 Moved by I. HarreIl So:-onded by J. Gray - TH.4 T the u/formatioll package (attached a.f Sclll'du[e f1-1 to H-6) as circulc/ted he received for u/formation. CARRIED - Mrs. Barrick and her contractor, Mr. Defnsse, were in ath:ndam'e and 111:1de a presentation to the board. Mr. Don Wright made a presentation to the Authority. Discussion enslIed. .. . 'i~'; - - ') "l. AUTHORITY MINUTES - SEPTEMUER 17, 1996 - PAGE 8 .... Res. #117 Moved by R. Anderson Seconded by J. Drumm .... THA T staff report #4070-96 (attached CIS Schedule 5-1 to 5-4) he referred hack to staff for further ulvestigatwn and cOI/.wltatuJI/ with the flpplic{//It: al/d, THA T staff report back to ti,e I/ext full Aut/lOrily meetillg. CARRIED .... The Chainnan called a live-minute recess at 8:30 p.m. .., Res. #118 Moved byJ. Harrell Seconded by R. Johnson CIIIEF ADMINISTRATIVE OFFICER'S REPORTS Staff Report 114052-96 Conservation of Land Mr. Powell, Chief Administrative Officer. made a presentation to the board. THAT SUl/f Report 114052-96 (attached as Schedule 8-1 to 8-34) he receil.edfor ulfornurtiOlI alld ftled. CARRIED . , ,;;' Staff Report 114061-96 Mattagami Region Conservation Authori~y. ct. al. - Class Action Lawsuit .. Res. 11119 Moved by R. Johnson Seconded by I. Harrell THAT SUl/f Report 114061-96 (attached as Schedule he received for u/formatioll. CARRIED ~ ~",-, j~ Staff Report 114062-96 Who Does What Panel -; I ~ -, "'...., Res. #120 Moved by L. Hannah Seconded by I. Harrell THAT Staff Report 114062-96 (attached as Schedule 8-68 to 8-101) he received for ulformCltiOlI. CARRIED .... ~; Staff Report 114063-96 1996 Summer Student Programs "" "~:ri: ,1'0' Res. #121 Moved by J. Gray Seconded by R. Lutczyk ";\;(: .. The Chainnan explased an appreciation of starrs. efforts in preparinl!. prnmntinl! and running the 1996 Summer Student Programs. He looks ~, forward to continuing to participate in these prnl!rams in the future. . ,'</' THAT Staff Report 114063-96 (attached as Schedule 8-102 to 8-105) he received for illformatioll alld fiIed. CARRIED !. ., .~; .. " '\'1' ........... .".-t\,,-'d _,_, . i ... Ii :'~ .. AUTHORITY MINUTES - SEPTEMnER 17, 1996 - I'AGE 9 .' . - Staff Report 114069-96 Natural Environment Technical Advisory Group (Staff report attached as Schedule 8-106 to 8-107) - Res. #122 Moved by R. Johnson Seconded by J. Gray - THA T the Celltral Lake Olltario COIIscrvatio-'1 Authority B(wrd of Directors appr0l1e estah/if/lment of a Natural Ellvirollmellt Technical Adl'Lwr)' Group to assLrt ill the del'elop/l/cl/t of (II/ updat('d ma.\'ter pIa II for the Long Sau/J COllservatioll Area wilh ulitialmembership as follows: .. Techllical Advisors: Dale Ho)' Brial/ Hel/shaw 1rv Harrell Russ Powell CLOCA Board of Directors: CLOCA Staff: .. CARRIED ,. ;1 : MUNICIPAL AND OTHER BUSINESS .. The Chairman thanked Councillor Harre1\ for his involvement with this group. .. Mr. PoweU, Chief Administrative Officer. reported that he had heen l'llnt:I~'tcd by Cleamct Tclel'ummunil'lllillns Group regarding locating a site' ~~ for a communication tower in the Brooklin area. The Heber Down landlill silc may be apprupriatc for this proposal and, as such, . ..... 't~.:~~ recommended verbally that staff be authorized to discuss the possibility with Ckarnet and, if thc proposal is feasihlc, delegate authority:t~thd':;',W:~ Executive Committee to deal with it at thc October I, 1996 Exeeutivc Commilll'e meeting, - Res. #123 Moved by G. Emm Seconded by R. Anderson h .. THAT the Chief Admulistrative Officer proceed to il/vestigate the pussibility of C/eamet Commllllications Group using the.' Heber Down ullldftl1 site for a comnll/llicatiOlI tower,'(/I/d ,'. :f" . ~~ THAT the Board of Directors defegate authority to the Executil'e Committee to deal with the proposal at the next Executive. '~ Committee meeting all October 1, 1996. ~ CARRIED 'j, ,', ~ ~ . .. .. The Chairman reported that the next Full Authority Board Mceting falls on the Tucsday, immediately aftcr the Thanksgiving holiday Monday. As such, he inquired as to what date would bc convenient for mcmhers. Res. 11124 Moved by R. Lutczyk Seconded by H. Hall .. THAT the next Full Authority Board Meeting date he changed to Wedllesday, October 16, 1996. CARRIED :!(.o,;;: .tI .. Councillor Emm inquired about thc status of the Hebcr Down Conservation Area Campl!round and made rcfcrence to a recent newspaper article regarding the campground. The Chairman advised him that the aftiek was not accurate. did not l'nrrectly reOect the Authority's JXlsition and that a report will be forthcoming. .. The Chairman commented that members of the Full Auth,)rity Board will bc inl'luded in the l'irl'lilation of the Executive Agendas and Minutes, and are invited to attend the Executive mcctings in the future if they wished to do Sl). \.c. .. ADJOURNPo-fENT - Res. #125 Moved by R. Johnson Seconded by R. Anderson .. TIlAT the mccting adjourn. CARRIED i The meeting adjourned at 8:55 p.m. .. - - ;>.... ~~...-:"lo.l . \. ~~~. ~- tv( '~fo ::.- ..- ....-.1....... .- "-,$' -:- ..~ ... 7- ; ....;..-... ;~ . ( -, p':~ ~ ~,:~~f#? _(!Jia ri;'gl~'" ONTARIO Schedule 3-1 of Sept.17/96 - Diane Hamre Mayor July 16, 1996 - Mr. Andy G,yg, Co-Chair Ms. Laura Richards, Co-Chair - Clarington Duck Derby Event - Dear Andy and Laura: - At the Council Meeting of June 24th, 1996, the Clarington Council passed a resolution as follows: - "THAT a letter of appreciation befonvardedfrom the Mayor and Members of Council to congratulate Andy Gryg, Laura Richards, Joan Swan, Joanne Draper, Jim Simpson, Carson Elliott, Mario Cortellucci, Nick Van Segglen, Fred Horvath, the Downtown Business Improvement Area and the downtown merchants, Central Lake Ontario Conservation Authority and the parents of the Seventh Bowmanville Scouting Group on a job well done during the first annual Clarington Duck Derby. " - - I would also like to express my personal congratulations to everyone who was involved in this first Annual Clarington Duck Derby. It was a wonderful day and it was obvious that a great deal of planning went into this exciting event. I thoroughly enjoyed the whole day. - - The Afemorial Hospital Foundation, the Clarington Fire Department's "Learn Not to Bum" program and the 7th Bowmanville Scouting Support Group will benefl1 greatly from the proceeds of this event. - I trust that this will become an annual event in Clarington and that others in the community will join in the planning for the 1997 Clarington Duck Derby. .. Yours sincerely, - ~ DIANE HAMRE r:. irr~n'Yirf?~'t' . .- '" ~ I i ,.' .... . ~~~ . J U L 2 3 1996 cHnJl~~2'~~ CONSERVATION AUTHORITY .. A! Rlpg - cc: Downtown Business Centre Central Lake Ontario Conservation Authority 7th Bowmanville Scouting Group Alario Corelucci .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON · 0 T E M PEA A NeE S T A E E T ' BOW MAN V III E . 0 N T A A I 0 . II C J A 6 . (905) 62 J ' J 3 7 ? . FAX 623. 5 7 1 7 - ,-/,-,. '.J...J,' .._'_'V .v..v _'W..!"-'..)""VI....JJ.. Ulf/UlI/VlI .us\.) .I.J;VI rf\Jl. ..~. "..... ..v.... ,,___o-J r.....:ll:.. UJ./l::Jl. .. OPlNlON ... ,. The Globe and M.U. FridaY,July 26. '1996" . . '~ , ,. a"P"'""" Flood pre~ention Re Quebec Flood Puts Focus On Prevention (July 23): The summary by Paul Knox of the lack or flood prevention acrOSS the country is excel- lent. but it ignores a success story on The Globe and Mail's doorstep. One hour west of Toronto in the Grand River valley, cities such as Kitchener.Waterloo, Cambridge, Brantford and Guelph enjoy a floOd warning and man- agement system that is the envy of many ju. risdictions in Canada. This system includes: flood emergency co- ordinators in OS municipalities: a warning sys. tem linked directly to the Canadian Police in- formation Centre; reliable flood-plain map- ping; ~ restrictions on neW construction in flood plain areas; one oC the oldest systems of flood-control dams in Canada; metior dikes built to withstand rainfall runoff greater than Hurricane Hazel's; real.time satellite weather informat1on~ dcnens of rainfall and river-now gauges providing real-tUne flood information; and flood-prediction software. The flood-warn- ing system is tested once a year, and the over- all rAAnAgement system has b~n regular!}' upgraded in the past. Continued improvements to the flood man- agement system managed by the Grand River Conservation Authority on behalf ot the 700,OCIJ residentS living in the largest dra.inage area in Southern Ontario is now threatened. The government of Ontario has cut funding to the GRCA and the 37 other Conservation Au- thoritie! by 70 per cent. Capital fwlding for fiood.eontrol projects has been cancelled com. pletely. Followng repeated flooding earlier this century. one Progressive Conservative government after another helped to buiJd these s.trong watershed management agencies across Southern Ontario. What are the cur. . rent govetnment's plans for conservation au- thorities, SOme of whose Oood.prevention sys- t~%nS are renowned internationally? JIm Reid. Watershed Resources Planning Grand River Cons~tvatton Authority C~bt1dge, Ont. ~~ - ~ ' ~ .. . Schedule 3-2 of Sept.17/96 - ... .. .. ... Circulated for Your I nfornD . ... By ACAO '''AUO' 0 ~~ 1996 Date: .._........................ ...._.........._..._._. ... .. "'" .. .. ID~@]Q\7~~ ~~~... 'c:~NTRAL LAKE ONTARIO *,iRVATION AUTHORln ; .. .... ... ... ... .. - - The Regional - MunIcipality of Durham Works - Department Box 623 105 Consumers Dr. Whitby, Ontario - Canada L 1 N 6A3 (905) 668-7721 Fax: (905)'668-2051 - V.A. 811gallls, P.Eft9, Commissioner of Works Please Quote our ref: - - - - - .. - - .. .. - - Schedule 3-3 of Sept.17/96 September 3, 1996 Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario LIH 3T3 Attention: C. Conti, Conservation Services Manager (and support staft) Dear Sir: RE: 1995 T AC Environmental Achievement Award In 1994, the Region of Durham Works Department began the project planning and design for the reconstruction and widening of Thornton Road from Rossland Road to Taunton Road in the City of Os haw a.. Within the ~orthern limits of the project, the Goodman Creek bordered the east side of Thornton Road for approximately 150 metres and due to the. proximity of the creek to.Thornton Road, work was necessary to protect the new road against potential erosion. The Project Team (as noted on the attachment) detennined that a natural; bio- engineered solution, that would result in a complete relocation and reconstruction of the creek would be used. This work is now complete and is being monitored to ensure its cOAtinuing performance. Due to the' uniqueness of this project and to the demonstrated sensitivity to the preservation and enhancement of the natural environment, the Region of Durham Works Department, on behalf of the entire project team, submitted the project as a candidate for the 1995 Environmental Achievement Award sponsored by the Transportation Association of Canada. It is with great pleasure and pride that I advise you that the Transportation Association has selected the Thornton Road/Goodman Creek project for the 1995 Environmental Achievement Award. ~@iEa~~@ S~'0~ _ ClNTfJti. ,.;.. ',~:!~ @ aw"SER"i~i~~ ~l)wBiw ...2 I know that during the early stages of the project planning process, through to the completed construction, the project team and support staff invested a great deal of. etfo.rt in ensuring that the options were carefully considered and that the final product was economically sound and environmentally sensitive, The planning efforts for this project were creative, deliberate, and proactive and the result is a winning solution for all. Schedule 3-4 of Sept.17/96 .. - 2 - .. .. .. .. My congratulations to you and your staff for your contribution to this very worthwhile undertaking. Yours truly, Enc\. cc: T. Prevedel, P. Eng. M. Wilson, C.E. T. 1. Minorgan, P. Eng. .. .. .. .. "" .. .. .. .. ... ... .. .. .. . Schedule 3-5 of Sept.17/96 .. - ATIACHMENT NO.1 PROJECT TEAM - Region of Durham. Transportation Branch . 1. Prevedel, P. Eng., Director of Transportation M, Wilson, C.E.T., Project Manager, Design (and support staff) - . - Region of Durham, Construction Division · 1. Minorgan, p, Eng., Construction Manager (and support staff) .. City ofOshawa. . J. Simmonds, P. Eng., Director of Engineering W. Hodgson, P. Eng., De~ign Engineer p, Lee, p, Eng., Manager of Engineering Services (and support staff) - . . . - Simcoe Engineering .. . A. Li, P. Eng, A. Wahl (and support staff) . - R. V. Anderson . 1. Garland, P,Eng., (and support staff) - Central Lake Ontario Conservation Authority .. . C. Conti, Conservation Services Manager (and support staff) - Ministry of Natural Resources (Maple Office) . T. Rance, Biologist J. Boonstra, Engineering Technologist (and support staff) - . R, M, Construction of Brampton - · H. Reinders (and support staft) - Hough Woodland Naylor Dance Ltd, (Landscape Architects) - · M. Sijpesteijn (and support staff) - - .:>,-,ut::uuJ.e q-l. ot Sept.17/96 - DATE: FILE: S.R.: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY August 26, 1996 - 4053-96 MEMO TO: The Chairman and Members of the CLOCA Executive Committee - FROM: J,R. Powell, Chief Administrative Officer - SUBJECT: GANARASKA REGION CONSERVATION AUTHORITY - Reference is made to the attached letter from Gerry Houston to Brian Nicholson. The Chairman and I have reviewed the matter and submit the following comments and recommendation for your consideration. - 1. This is not a proposal for amalgamation, It is a proposal to investigate the feasibility of rationalizing staff and, by implication, related resources between the two organizations. - 2. It is taken as a given that whatever the results of the review, the basic premise is the two Conservation Authorities would continue as separate entities and their respective municipal funding arrangements and member appointments systems would remain in place. - - 3. CLOCA currently provides engineering services to the Ganaraska Region on a contractual basis and certain planning assistance in the Municipality of Clarington on an informal basis. The two agencies also cooperate on both GT A initiatives and Region of Durham matters such as provincial planning devolution. - 4. If arrangements are to be expanded beyond those currently existing between the two agencies, they should come into effect with the budget year commencing January 1, 1997. _ Working backwards from that point produces the following time frame. October 1996: Draft Report presentation to Ganaraska Region and Central Lake Ontario Board - of Directors. November 1996: Consultation with respective member municipalities and other appropriate - agencies/groups. December, 1996: Final decision by Ganaraska Region and Central Lake Ontario Boards of - Directors. RECOl\f\IENDA TION: - - THAT the CLOCA Executive Committee recommend to the CLOCA Board of Directors that the Chairman and Chief Administrative Officer be authorized to develop with their counterparts on the Ganaraska Region Conscl'Vation Authority a rcpoli on the rationalization of staff between the two Conservation Authorities and to submit same to the respecti\'e Boards of Directors for consideration in October, 1996. .. - JRP/klt Attachment - ~ ~- ~i'- Schedule 4-2 of Sept.l7/96 .. GANARASKA REGIOI'< C Ot-lSERVATION A CTHORITY .... August 2, 1996 .... Mr. Brian Nicholson, Chair Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, ON L 1 H 3T3 .. .... Dear Mr, Nicholson: IlIII As Conservation Authorities across Ontario respond to the devastating cuts in the 1996 Provincial funding, they are looking to the future. These constraints are dramatically affecting the way all levels of government are doing business. .. As the Ganaraska Region Conservation Authority moves through 1996 it does so with the focus on 1997 and beyond and the future financial reductions expected. The Authority is currently reviewing all program areas. In responding to the climate of fiscal restraint Authorities must investigate new arrangements to minimize the cost of delivering watershed conservation services. .. .. At the July 18th meeting of the Ganaraska Region Conservation Authority the Full Authority passed the following motion: .. "THAT the Full Authority authorize the Chair to write the Full Authority of Central Lake Ontario Conservation Authority to investigate the feasibility of the rationalization of staff between the two Conservation Authorities." .. .... If your Authority is agreeable to investigating the feasibility of this initiative, I would like to suggest that yourself and Russ meet with Linda Laliberte and myself to begin some discussions. .. I look forward to hearing from you. .. Yours truly ~/I~ F.G. (Gerry) Houston Chair ~~@!O~7~~ AUG 1 2 1996 CENTHc:t~:fu~' CONSERVATION AUTHORITV .. .. FGH/II IlIII P.O. Box 325. Port Hope, Ontario L1 A 3W4 Telephone: 905885-8173 Fax: 905 885-9824 Forest Centre: 905 797-2721 .. .. CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY - DA TE: FILE: S.R.: August 30, 1996 Schedule 4-3 of Sept.17/96 4059-96 APPROVED BY C.A.O. - MEMO TO: The Chairman and Members of the Executive Committee - FROM: Sandra L. Hanson, Director of Corporate Services - SUBJECT: Corporate Logo - Part of the process of developing a corporate communications strategy included incorporating a new logo with the new message on a renewed and refocused resource-based organization. The problem encountered is that none of the available choices accurately depicted the new direction of the Conservation Authority or the features of the Central Lake Ontario watershed. - - Staff on spec asked a graphics artist from another Authority to develop a logo that would depict the unique features of our watershed. We provided the following direction. - The headwaters are formed by the Oak Ridges Moraine in the upper reaches of the watershed. The next physiographic feature is the Iroquois Shoreline formation in which small tributaries of the watersheds begin. The final land resources are delineated by the Lake Ontario plain with its many small tributaries adjacent the shoreline. The marshes that make up many of the initial outlet features of our streams lead to the stream mouths and finally Lake Ontario. We wanted a logo that would form a visual picture that states "What we do on the land is mirrored in the water", - - The attached logo has accomplished this request and is enhanced by its rich shades of green and blue and the earth tones in the lettering. This logo will present the Authority in a positive and professional manner - as watershed resource managers. It should be easily phased into our business applications and conservation area slgnage. - RECOMMENDA TION: .. THAT the staff report #4059-96 be received for information; and, THAT the logo be recommended to the full bortrd for their approval and adoption. .. SLH/ms .. Attachment - - - - Schedule 4-4 of Sept.17/96 - .... .. - ... .. ... .... Central Lake Ontario Conservation - .... .. - - - - ... ... ... ... ... Schedule 5-1 of Sept.17/96 - HEARING CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY .. .. DA TE: FILE: S.R.: September 12, 1996 C96-283-C 4070-96 - MEMO TO: APPROVED BY C.A.O. ~- The Chairman and Members of the Authority .. FROM: R. Hersey, Planner .. SUBJECT: A PPLICA TION FOR CONSTRUCTION APPLICANT (OWNER): - APPLICA TION(S): - LOCA TION OF SITE: WATERCOURSE DESCRIPTION: - ELEVATION OF SITE: .. FLOODLINE ELEVATION: (REGIONAL STORM) - CURRENT OFFICIAL PLAN DESIGNA TION (REGION): (\VHERE APPLICABLE) - CURRENT OFFICIAL PLAN DESIGNA TION (MUNICIPALITY): - (WHERE APPLICABLE) - CURRENT ZONING: (\VHERE APPLICABLE) - CURRENT LA1\TJl USE: EXISTING AUTHORITY POLICY: - - FACTORS INFLUENCING DECISION: Marsden Barrick To construct a 16 ft. X 24 ft. storage building. 147 Cove Road, BowmanvilIe West Side Creek 249,0 feet 251. 6 feet Waterfront Waterfront Greenway/Environmental Protection (1996 Council Approved Official Plan) Environmental Protection Seasonal Cottage Normal restrictions for construction within the regulatory floodplain. .. An application has been submitted by the owner of 147 Cove Road, BowmanviIIe, to construct a two storey 16' X 24' storage building to replace an old one storey 18' X 12' storage building which recently collapsed on the property. The new structure is to be located at the same site as the old structure. - .. cont'd......2 Schedule 5-2 of Sept.17/96 S.R. 4070-96 FILE C96-283-C September 12, 1996 .. Page 2 All of the property is situated within the Regional Storm floodplain of the West Side Creek, and the location of the new structure is subject to 2.6 feet of flooding. The property is also situated within the 1: 100 year flood level of Lake Ontario, The greater flood hazard is associated with the Regional Storm floodplain of the West Side Creek. .. .. Staff advise that the Authority recently approved an application on the subject property in June 1996. The application at that time was to construct piers and footings under an existing seasonal cottage and install a new septic system. The approved works provided structural support to the existing cottage, without any increase in area of the cottage. Staff note that these structural works were originally carried out without Municipal building permits or the required Authority permits. .. .. The application currently before the Board is to construct a new two storey ancillary building, with 768 square feet of total floor area. The proposed building is larger than both the former single storey storage shed (approximately 220 square feet), and the existing seasonal cottage (approximateI.y 756 square feet). .. Construction of the new storage building was commenced on or about June 27, 1996, without Municipal building permits or the required Authority permits. Staff issued Violation Notices to the owner and the contractor, advising them of the breach of the Authority's regulations and requesting that all activity cease and desist, until such time as the Board has reviewed the proposal. .... .. The owner has indicated to Authority staff that the new structure is required in order to store furniture and personal belongings. The owner explained that the new structure commenced after work on the original structure resulted in its collapse. Consequently the owner decided to construct a new larger building for her storage requirements. - .. The proposed structure would be a two storey building, constructed on concrete piers and footings, with access to the second storey via an interior stairway. The submitted plans indicate a doorway and what appears to be a larger bay door, providing entrance into the ground floor, The structure is not flood- proofed and would be subject to approximately 2.6 feet of flooding during a Regional Storm event. With 2.6 feet of flooding on the property, flood water could easily enter the ground floor area causing damage to any contents within the first floor. The proposed structure is also within the 1: 100 year flood level of Lake Ontario. The proposed structure would therefore be subject to damage as a result of wave uprush and storm surge from Lake Ontario, during 1: 100 year flood levels. .. .. .. Staff further advise that recent information provided by Municipal staff, suggests that a recent legal survey of the adjacent property, indicates that Mrs, Barrick's existing cottage may actually be sited on the property to the south. As Authority staff have not been provided a copy of this survey, we are unable to assess if this new survey has any implications on the proposed two storey structure currently being applied for; which may become the only structure on the property. .... ... The structure as proposed would also result in an increase of approximately 164 square feet of ground floor area, over that of the original storage building. General Authority policy, regarding replacement structures within the floodplain, is to confine the new structure to the original building footprint area. Recent Authority approvals in this area have only allowed new construction provided the structure is flood-proofed and/or there was no increase in building footprint area. As the application does not provide effective flood- proofing of the structure and increases the building footprint area over and above the original, and given the potential for damage and loss of property, staff are unable to support this application, and recommend to the Board that it be denied. cont'd......3 .. .. .. .... .. . S.R. 4070-96 FILE C96-283-C Schedule 5-3 of Sept.17/96 September 12, 1996 Page 3 RECOMMENDA TION: .. THA T the application be denied for the following reasons: - 1. The proposed structure has not been effectively flood-proofed in keeping with general Authority practices. - 2. The proposal results in an increase in the building footprint area, over and above that of the original storage building on the p,00per1y. - 3. The proposal results in an intensification of use of the subject plooperty within the regulatory stolom floodplain. - 4. Approval of the application would set an unacceptable precedent fOlo the area. - - - .. .. - - - - - - RH/kIt Attachment - - ()~ ::Om ~~ ^(J) - o .m Regional Floodpl .Storm aln limit Subject P roperty ~ ~ ~ C) f' h ~ X,RU J ##: 2. tJO ' .. .. .. .. .. .. .... .... .. .. ... - .. .. ... Schedule H-l of Sept. 17/96 _ 37 Windsor Valley Place Courtice, Ontario, LIE lJ4 September 10, 1996 .. - Ms. Marsden Barrick, 147 Cove Road, Bowmanville Dr. Stephen Jones, 145 Cove Road, Bowmanville John and Don Roxborough, 133 Cove Road, Bowmanville Clifford La, 129 Cove Road, Bowmanville . ~@}QW~~ ~EP 1 3 1995.. 3bl \ CfNT,.X? LAKE ONTARIO CONSERVATION AUTHORfrt .. - - At a meeting to-day with Mr. Doug Coggan O.L.S. of Brown & Coggan Ltd., Bowmanville, I was infonned of work being done by A. V. Flim Surveying Inc. to develop four reference plans on your behalf. Each of the reference plans covered respective lands owned by you as well as adjacent lands in which I hold ownership interest. Not being completely clear as to why you have commissioned Flim to include lands on the reference plans you do not have title to I can only conclude that you plan to claim possessory title at some future date. The purpose of this letter is to advise you and other parties of my vehement opposition to any such action. - - From reviewing the reference plans my belief of what is being attempted is to establish ownership as follows: - - for Marsden Barrick- a portion of Block 0, Plan 198 known as Cove Road and a portion of the land shown as The Beach, Plan 198. Ms. Barrick is in the process of making improvements to a building situated in part on The Beach lands and creating a new structure situated entirely on lots 9 & 10 which she owns. - for Stephen Jones - a portion of Block D, Plan 198 known as Cove Road and a portion of the land shown as The Beach, Plan 198. for Roxborough's - a portion of Block D, Plan 198 known as Cove Road and a portion of the land shown as The Beach, Plan 198. - for Cliff Lo - a portion of The Beach, Plan 198. - .. .. - 1. - 2. - On the basis of the above, I wish to express my views as follows: - Securing land for one party from another in this manner is tantamount to stealing. None of the above parties has ever approached the registered owners of the property in the usual manner to purchase any of the lands they desire. Each of you are all well aware that the Municipality ofClarington engaged The Honourable David Crombie to lend his expertise in resolving issues with St. Marys Cement's Bowmanville operations. The solution recommended by Mr. Crombie and being pursued by the Municipality is for the Municipality to acquire Cove Road as access for Cedarcrest Beach residents. Three of the reference plans drawn by Flim include land from the Cove Road Block. In the case of Roxborough, the remaining lands for road use would be significantly less than 66 feet. This action can only be viewed as an attempt to thwart Clarington's and Mr. Crombie's attempt to resolve a long-standing and bitter battle between St. Marys, the Municipality, and local residents. - - - - Schedule H-2 of Sept.l7/96 III 3 Both areas of land, one being The Beach and the second Block D, are not subdivided on Plan 198, Were they to be split up, then the usual procedure would involve III applications to the Regional Land Division Committee. In that process, all interested agencies, local governments, and affected land owners would be given appropriate status and be given a chance to be heard. Should possessory title be III claimed, the usual land division process would be circwnvented. 4 My family, as owners of the Beach land, commissioned Brown and Coggan to prepare a reference plan for the Beach from lot 11, Plan 106 to lot 12, Plan 198 in July of .... this year. This work was being done to facilitate the eventual division of the Beach property and conveying respective portions to adjacent property owners who may be interested in purchasing it. The resulting reference plan by Brown and Coggan .. has been deposited as 40R-17101. Doug Coggan made A1 Flim aware of the work being done by Brown and Coggan. It appears that you and/or Flim chose to continue with your plans to deposit a plan covering portions of the Beach which III Mr. Flim well knew would be redundant with the reference plan being developed by Mr. Coggan. Be assured that any actions taken by you to gain title through claims of possession will be opposed. III .. Orchardscove Holdings Limited .. ~~ ;/,h/,4}f .. Gordon A. White, President .. .. ... c.c. W, H. Stockwell, C.A.O., Municipality ofClarington The Honourable David Crombie P.C., Waterfront Regeneration Trust J. R. Powell, c.A.O., Central Lake Ontario Conservation Authority AI Strike, Strike, Salmers and Furlong Doug Coggan, Brov.n & Coggan Ltd. A. V. Flim Surveying Inc. John H. Fox .. .. ... .... llII III - Schedule H-3 of sept.17/96 - 147 Cove Road Group 2, Box 66 Bowmanville, Ontario L I C 3 K3 - - September II, 1996 - Mr. Gordon A. White President, Orchardscove Holdings Limited _ 37 Windsor Valley Place Courtice, Ontario LIE 114 - Dear Gordon: - .. In response to your letter of yesterday, fITst may I say that until receiving it today I had not even heard of the company A. V. Flim Surveying Inc. - Secondly, may I correct your error in stating that no-one "has ever approached the registered owners of the property" about purchasing land. As you yourself confinned at a Ontario Municipal Board motion hearing on May 31, 1996, The Beach property remains in the estate of our grandmother, M. Winnifred Fox (nee Dyke). The remaining executor of her estate is our uncle, John H. Fox. As you are well aware, I wrote to Uncle John on July 16, 1996, requesting him to confer ownership to me of the section of The Beach property adjacent to my property. I met with him July 22, 1996, and he agreed to give it to me, something which he said should have been looked after a long time ago since our family cottage was built partly on The Beach back in 1942 or 1943. Since I agreed to cover the expenses of the transfer, he said he would instruct his lawyer that week to start the transfer process. - - - When you and Holly Richardson (nee Fox) were speaking to Larry Defosse and me on July 21, 1996, about this matter, you did not mention anything about planning on offering sections of The .. Beach for sale to the residents, you only mentioned postponing transferring the section I requested Since I am investing in sadly needed repairs to my cottage, I would prefer to hold proper title to the land as soon as possible. That is why I spoke to Uncle John. - - ~~aw~@ - S~ 1 2 1996 CENTRA 1~>;~o1JR(O - CONSERVATION AUTHORlft '----- ... Schedule H-4 of Sept.17/96 ... I hope this c1ari fies my position in this matter. .. Yours truly, .. f~~ .. Marsden Barrick .. c.c. W. H. Stockwell, C. A. 0., Municipality ofClarington The Honourable David Crombie P.C., Waterfront Regeneration Trust ~ J. R. Powell, C. A. 0., Central Lake Ontario Conservation Authority AI Strike, Strike, Salmers and Furlong John H. Fox Dr. Stephen Jones John and Don Roxborough Clifford La - (~-~ ... - .. .. .... ... .. .. - - .. ... .. 11 September 1996 Schedule H-S of Sept.17/96 _d1a;;;'gt';;n - ONTARIO ... - .. J.R. Powell Chief Administrative Officer Central Lake Ontario Conservation Authority 100 Whiting Avenue OShawa, Ontario. L1 H 3T3 Post-it'. F3X Note 7671 - ~Ivn~ II PhQ,'Io: d F~", . Fax , Dear Mr, Powell: ~@]aw ~ SEP 1 3 19$ q(03~19\ CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY - - Re: Application to construct a 16 X 24 storage building 147 Cove Road. BowmanviJIe File No.: 020-130-181 and BP 96.0429 Your File No.: C96.283.C - Further to your request for comments on the above referenced application please be informed of the following. - Within the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property appears to be zoned "Residential Shoreline (RS)" and "Environmental Protection (EP)". The RS 20nlng permllS Single detached units, seasonal dwelling units and accessory to residential use. The EP zoning does not permit the construction of any buildings or structures and all construction must be set back a minimum of 3 mE:tres from the EP boundary til'le. The Zoning By-law would currently allow the construction of a storage shed provided that all applicable by-law criteria are met. - - - Upon review of the proposal it would appear that the structure would exceed By-law 84-63 criteria for building height. The maximum height is 16.4 feet measured from the grade to the midpoint between the eaves and peak. It would appear that the structure is 17 feet 1/4 inch at this midpoint, based on the drawing provided. Should the applicant wish to proceed with this proposed height a successful minor application would be necessary. .. - The Council Adopted Clarington Official Plan, which is expected to receive final approval from the Region of Durham on September 24. 1996, identifies this property to be in the "Regulatory Shoreline Area". Within this area the following provisions will apply. .. The construction of new buildings or structures of any type within the Regulatory Shoreline Area shall not be permitted. Notwithstanding, existing residences within the Regulatory Shoreline Area shall be permitted to have one garage and a one-time expansion, up to a maximum of 20% of the ground fioor living area or 30 square metres, provided that: .. a) the structure is not located in the floodplain of a stream; - b) the structure is not located on a dynamic beach or within a damage centre as identified by the Conservation Authority; - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON .0 TflolPERA"CE STREET. eOWIIIA,.VlllE .0/jTAR'O. L1C 31.'" (,OS/ ~23'33'i' 'AX 623'.16i @ atc,clfo ....',. - Schedule H-6 of Sept.17/96 .... J.R. Powell 11 September 1996 Page 2 ... c) new or existing hazards or adverse environmental impacts are not created or aggravated; ... d) the Municipality and Conservation Authority have approved a flood proofing andior erosion control plan; .... e) vehicles and people have a way of safely entering and exiting the area during times of flooding and erosion emergencies. ... All of these requirements will have to be met prior to approval of a building permit for this property. The Building Department has informed Planning staff that a Stop Work Order has been placed on this property as construction began without a building permit. The'applicant must also satisfy Building Department staff before the Order can be lifted and a permit issued. .... - Please note that By-law 84.63 allows only one residential use within the "Residential Shoreline" Zone. As this property currently contains a seasonal dwelling no other dwelling unit, seasonal or otherwise, can be erected on this lot. Limiting of residential use on this property is further enforced by Section 3.1 (ii) of By-law 84-63 which states that an accessory structure can not be used for "human habitation". .. - If you require further information, please contact the undersigned directly at 623-3379, ext. 217, ... Yours truly, ~bJ a. i~ Isabel B. Little, Planning T echnic;an Development Review Branch. ... .. IBL -d1 .... CC; H.G. Wight, Chief Building Official Marsden Barrick WIll ... ... .... ... ... - DATE: FILE: S.R. : September 11, 1996 1.-99-11 4066-96 CENTRAL ~E ONTARIO CONSERVATION AUTHORITY Schedule 6-1 of Sept.17/96 APPROVED BY C.A.O~ ... MEMO TO: The Chairman and Members of the Authority - FROM: Chris Conti, Director - Resource planning - SUBJECT: APPLICATIONS FOR CONSTRUCTION. TO PLACE FILL. AND TO ALTER A WATERCOURSE - 1) Oshawa Shrine Club - 096-170-F Filling and grading associated with the construction of two additions and an expansion to an existing parking area. 1626 Simcoe Street North. Oshawa - 2) Murray F. Hangel - 096-197-F placement of f ill associated with construction of an addition to an existing building. 1006 Beaufort Court, Oshawa ... 3) Schleiss Development Co. Ltd. - 096-203-F(18T-94003) Filling and grading associated with the construction of a residential subdivision. Lot 4, Concession 3. Oshawa - 4) Rhodes Tanks Limited - 096-204-F. 096-205(204)-C , 096-206(204)-.0. Filling and grading, construction of a temporary bridge and associated alterations to a watercourse. Part Lot 7. Broken Front Concession. Oshawa ... - 5) Shelagh Bailey - 096-208-F placement of fill associated with construction of an addition to an existing dwelling. 427 LeSabre Street. Oshawa - 6) Alan Morrow - 096-210-F placement of fill associated with construction of an inground swimming pool. 833 Crowells Street, Oshawa - 7) 1097073 Ontario Limited O/A Regency Heights - 096-211-F(18T-91017) Filling associated with construction of single family dwellings. 1145 and 1083 Ridgemount Blvd., Oshawa - 8) Russell Daigle - 096-213-A Rerouting of intermittent Goodman Creek tributary; culvert installation and associated erosion protection works. Lot 16. Concession 4. Oshawa ... 9) Alex Pankiw - placement of building. 321 7 Harmony 096-222-F fill associated with construction of a storage Road North, Oshawa ... 10) James Hood Millbuild Renovations/Cedar Dale United Church 096-223-F placement of fill associated with construction of an addition to an existing church building. 824 Simcoe Street South, Oshawa - 12) 11) Trans-Northern Pipelines Inc. - 096-233-F , 096-234(233)-A Filling and grading and alteration to a "'atercourse associated with the sleeve replacement on a natural gas pipeline. Lot 13. Concession 4. Oshawa 1097073 Ontario Limited O/A Regency Heights _ 096-24S-F(18T-91017) ~~~~~:'l~..o+~. placement of fill associated with construction of a single ",~ :. 0 family dwelling. ~ '," '" ~ ..., :- 1115 and 1137 Ridgemount Blvd.. Oshawa ~ . o~ .......~_.~.o(.,. <If r'ON ...\l con t ' d . . . . . . . 2 .. - - .... - . - . I "';V S.R. 4066-96 - 2 - .. September II, 1996 13) Steve Devecseri Const. Ltd. - 096-246-FC18T-94003) placement of fill associated with construction of a single family dwelling. Part Lot 4, Concession 3, Oshawa .... 14) Strahl Construction - 096-248-F(18T-94003) placement of fill associated with construction of a single family dwelling. Part Lot 4, Concession 3, Oshawa .. 15) Kuzenko Homes - 096-253-FI18T-94003) placement of fill associated with construction of a single family dwelling. Lot 4, Concession 3, Oshawa .. 16) Steven Baxter/Audrey Mahaffy - 096-256-F placement of fill associated with construction of an addition to an existing dwelling. Lot 12, Concession 9, Oshawa .. 17) Joe Porco - 096-263-F Fill associated with construction of a deck addition to an existing residence. 204 Stevenson Road South, Oshawa IiIIlI .. 18) Mark Manninger/pat Cassidy - 096-264-F placement of fill associated with construction of an addition to an existing single family dwelling. 1049 Newbury Avenue, Oshawa .. 19) Arya Investments - 096-266-F Filling and grading associated with the construction of a retail building and associated parking area. 1288 Ritson Road North, Oshawa IiIIlI 20) 1097073 Ontario Limited O/A Regency Heights - 096-269-F(18T-9l017) placement of fill associated with construction of a single family dwelling. 1028 Ridgemount Blvd., Oshawa ., 21) Fridel Limited - 096-272-F placement of fill associated with construction of single family dwe 11 ing s. 1329 and 1339 Kilmaurs Road, Oshawa IiIIlI 22) Terry Twine/G. and L. Beach - 096-273-F placement of fill associated with construction of a deck/front porch addition to an existing dwelling. 484 Sandalwood Court, Oshawa .. 23) James Slater - 096-274-F placement of fill associated with construction of a garage. 4780 Thornton Road North, Oshawa .. 24) Kenneth Mercer - C95-365-F Filling and lot grading associated with the construction of a single family dwelling. Lot 19, Concession 5, Clarington -- 25) Andelwood Homes - C96-171-F & C96-172(171)-CC18T-87023) Construction of a single family dwelling and associated filling. 25 Timberlane Court, Courtice - 26) Teunis J. Verhoog - C96-181-F placement of fill associated with construction of a single family dwelling. 4021 Solina Road, Clarington ... .. 27) Graham Walker - C96-182-F placement of fill associated with construction of a garage. 56 Varcoe Road, Courtice .. cont' d. . . . . . . .3 .... Schedule 6-3 of Sept.17/96 ... S.R. 4066-96 - 3 - September II, 1996 - 28) 563301 Ontario Inc. - C96-187-FI18T-87034) Filling and grading associated with the construction of single family dwellings. Lot 33, Concession 2, Clarington - 29) Gord Griffiths - C96-226-F Filling and grading associated with the construction of a restaurant. Lot 16, Concession 1. Clarington - 30) Andelwood Homes - C96-229-F(18T-89053) Placement of fill associated with construction of single family dwellings. Part Lots 33 and 34, Concession 2, Clarington - - 31) Regional Municipality of Durham - C9G-237-F & C96-238(237)-C Filling and grading associated with road reconstruction and installation of services. Lots 10 and II, Broken Front Concession, Clarington - 32) Jacqueline and Graham Potter - C96-239-F Filling associated with construction of a 3-car garage. 3321 Old Scugog Road, Bowmanville - 33) Scott Penfound - C96-243-F placement of fill associated with construction of a single family dwelling. 2414 Concession Road G, Bowmanville - 34) Regional Municipality of Durham - C9G-247-F Filling and grading associated with the construction and installation of a 300 mm watermain. Lots 13/14, Concession 2, Clarington ... 35) Mark Tomina - C96-254-F Filling and grading associated with the rough grading of a golf driving range. Lot 26, Concession 2, Clarington - 36) Keuning Construction Limited - C96-275-F placement of fill associated with construction of a single family dwelling. 8320 Old Scugog Road, Enniskillen - 37) Fridel Limited - C96-282-FI18T-920l0) placement of fill associated with construction of townhouse single family dwellings. 2690, 2694, 2698, 2702, 270G, 2710, 2714 and 271B Trulls Road South, Clarington .. ... 3B) Corporation of the Town of Whitby - W9G-113-F, ~~G-1141l13)-C and W9G-115(113)-A Filling, grading and construction associated with grade separation at C.P.R. tracks and alteration to Ash Creek diversion channel. Garden Street (North of Dundas Street) and Ash Creek diversion channel. ... - 39) Mike MYSkO - W96-132-F Filling and grading associated with the construction of additions to an existing dwelling. 31 Cassels Road East, Brooklin - 40) Duramould Ltd./Kirby Structures - W96-169-F Filling and grading associated with the construction of an addition to an existing structure. 153 Crown Court, Whitby cont' d. . . . . . . . .4 - ... Schedule 6-4 of Sept.17/96 ... S.R. 4066-96 - 4 - September 11, 1996 41) Andrew Wood - W96-176-F placement of fill associated with construction of an extension to an existing sunroom. 24 Princess Street, Brooklin ... 42) Tom ArChibald/Aqua Pools - \\'96-179-F " W96-180(179)-C(l8T-79014) Construction of an inground swimming pool and associated filling. 34 Fifewood Crescent, Whitby ... 43) Shannon Pollard - W96-183-F placement of fill associated with construction of an inground sW1nUl\ing pool. 5 Jason Drive, Whitby ... .... 44) Micheline Miron - W96-185-p placement of fill associated with construction of an inground swimming pool. 35 Cornerstone Crescent, Whitby .... 45) Tony Pearce - W96-190-p placement of fill associated with movement of a garage. 55 Cassels Road East, Brooklin ... 46) Barry-Bryan Associates (1991) Ltd. - W96-193-P, \\'96-194(193)-C " W96-195(193)-A Pilling, grading, construction and alteration to a watercourse associated with erosion protection and channelization works on pringle Creek. Lot 25/26, Concession 1, Whitby .. 47) Stuart Bonnetta - W96-196-P placement of fill associa ted wi th construction of an inground swimming pool. 16 Emmett Place, Whitby ... 48) Dave MacAskill - W96-198-p " W96-199(198)-C(18T-87053) Construction of an inground swimming pool and associated filling. 17 Emmett Place, Whitby .. 49) Lazy Days Pools" Spas/Debbie Fox - W96-204-p placement of fill associated with construction of an inground swimming pool. 12 Long Drive, Whitby .... 50) Urban Wassell - W96-207-P placement of fill associated with construction of a solarium addition to an existing dwelling. 40 Pearl Street, Brooklin .. ... 51) Graham Carson - W96-209-P placement of fill associated with construction of an inground swimming pool. 40 Montrose Crescent, Whitby .. 52) Edward Pomerleau - W96-216-P(18T-74127) placement of fill associated with construction of an inground swimming pool. 34 Hawley Crescent, Whitby .. 53) Ewing PoolS/B. Dykeman - W96-217-p placement of fill associated with construction of an inground swimming pool. 62 Rice Drive, Whitby ... 54) Ewing PoolS/Mr. Wiggers - W96-218-p " W96-219(218)-C(18T-87077) Construction of an inground swimming pool and associated filling. 26 Headlands Crescent, Whitby lIlIIII 55) Elmer Tran - W96-220-F placement of fill associated with construction of a garage. 908 Dunlop Street East, Whitby .... con t 'd. . . . . . . .5 .. - S.R. 4066-96 - 5 - September 11. 1996 - 56) Gord Griffiths - W96-225-F Filling and grading associated with the construction of a restaurant. Lot 20, Broken Front Concession, Whitby - 57) Ewing pools/B. Meechan - W96-227-F(18T-790l4) Placement of fill associated with construction of an inground swimming pool. 1 Doulton Gate, Whitby - 58) Kirby Structures Engineers - W96-228-F Filllng and grading associated with the construction of an addition to an eXlsting building and site grading. 2000 Wentworth Street East, Whitby .. 59) Ewing Pools/Mr. Johnson - W96-231-F Placement of fill associated with construction of an inground swimming pool. 60 Rothean Drive, Whitby - 60) Ewing PoolS/Mr. Phelan - W96-232-F Placement of fill associated with construction of an inground swimming pool. 18 O'Malley Crescent, Whitby - - 61) Gary Muir - W96-242-F Placement of fill associated with construction of an inground swimming pool. 101 Deverell Street, Whitby - 62) Colin Campbell - W96-244-F Placement of fill associated with construction of a single family dwelling. 215 Garrard Road North, Whitby - 63) Erin Mills Development Corporation - W96-250-F, ~~6-25l(250)-C & W96-252(250)-A(l8T-90044) Filling and rough grading of Phase II lands and construction of temporary sediment ponds (to be future water quality facilities) and required alterations to a watercourse. Lots 29/30, Concession 3, Whitby - .. 64) William Goddard - W96-258-F placement of fill associated with construction of a deck around an inground swimming pool. 4 Martinet Street, Whitby - 65) Ferdinand Wagner - W96-262-F Placement of fill associated with construction of a single family dwelling. 450 Lyndebrook Road, Whitby .. 66) Ttam's Contracting/Edwards/Davies - W96-265-F Placement of fill associated with construction of a sunroom/deck addition to an existing dwelling. 4 Rutledge Street, Whitby - 67) L.E. Miletics - W96-27l-F placement of fill associated with construction of a garage. 211 Craydon Road, Whitby - 68) Ewing Pools/J.E. Bugelli - W96-277-F(18T-79014) Placement of fill associated with construction of an inground swimming pool. 71 Stratton Crescent, Whitby - 69) Ewing PoolS/D. Coles - W96-278-F , W96-279(278)-C(18T-79014) Placement of fill associated with construction of an inground swimming pool. 88 Chipperfield Crescent, Whitby - con t . d. . . . . . .6 - S.R. 4066 -96 - 6 - September 11, 1996 70) Ewing Pools /Mr. Niedarmaier - W96 -280 -F W96- 281(280)- C(18T- 79014) Placement of fill associated with construction of an inground swimming pool. 56 Chipperfield Crescent, Whitby 71) Trans - Northern Pipelines Inc. - A96 -235 -F i A96- 236(235) -A Filling, grading and alteration to a watercourse associated with the lowering of an oil pipeline. Lot 2, Concession 4, Ajax ADDITIONAL INFORMATION: These applications are brought forward as a matter of record since they are all of a minor nature and are generally outside of the Regional Storm floodlines. However, since each site falls within the scheduled areas covered by the Authority's Fill, Construction and Alteration to Waterways Regulation, the appropriate permit(s) can only be issued with the Authority's approval, pursuant to Section 28(1) of The Conservation Authorities Act. me REC~NDATION: THAT the following applications be approved and the respective am permits be issued: OshaLn Shrine Club - 096 -170 -F Murray F. Hangel - 096 -197 -F Schleiss Development Co. Ltd. - 096- 203- F(18T- 94003) or Rhodes Tanks Limited - 096- 204 -F, 096 - 205(204) -C 6 096- 206(204) -A Shelagh Bailey - 096 -208 -F Alan Morrow - 096 -210 -F so 1097073 Ontario Limited 0/A Rengcy Heights - 096 - 211- F(18T- 91017) Russell Daigle - 096 -213 -A Ales Pankim - 096 -222 -F ow dames Hood Millbuild Renovations/ Cedar Dale United Church - 096 -223 -F Trans- Northern Pipelines Inc. - 096 -233 -F 6 096- 234(233) -A 1097073 Ontario Limited O/A Regency Heights - 096- 245- F(18T- 91017) aw Steve Devecseri Const. Ltd. - 096- 246- F(18T- 94003) Strahl Construction - 096- 248- F(18T- 94003) Kuzenko Hones - 096 - 253- F(18T- 94003) Steven Baxter - 096 - 256 -F 10 Joe Porco - 096 -263 -F Mark Manninger /Pat Cassidy - 096 -264 -F Arya Investments - 096 -266 -F 1097073 Ontario Limited 0/A Regency rAi Heights - 096- 269- F(18T- 91017) Fridel Limited - 096 -272 -F Terry Train /G. and L. Beach - 096 -273 -F James Slater - 096 -274 -F Kenneth Mercer - C95 -365 -F rr Andelwood Hones - C96 -171 -F C96- 172(171)- C(18T- 87023) Teunis J. Verhoog - C96 -181 -F Graham Walker - C96 -182 -F a� 563301 Ontario Inc. - C96 - 187- F(18T- 87034) Gord Griffiths - C96 -226 -F Andelwood Homes - C96- 229- F(18T- 89053) Regional Municipality of Durham - C96 -237 -F 6 C96- 238(237) -C rd Jacqueline and Graham Potter - C96 -239 -F Scott Penfound - C96 -243 -F Regional Municipality of Durham - C96 -247 -F Mark Tomi,na - C96 -254 -F Keuning Construction Limited - C96 -275 -F (REC~NDATION CONT'D ........ 7) FrideL Limited - C96-282-F( 18T-92010) Corporation of the Town of Whitby - W96-11J-F. W96-114(11J)-C & W96-115(113)-A - W96-1J2-F - W96-169-F - W96-176-F - W96-179-F W96-180(179)-C(18T-79014) - W96-18J-F - W96-185-F - W96-190-F (1991) Ltd. - W96-19J-F. & W96-195(19J)-A - W96-196-F - W96-198-F W96-199(198)-C(18T-8705J) - W96-204-F - W96-207-F - W96-209-F - W96-216-F(18T-74127) - W96-217-F - W96-218-F W96-219(218)-C(18T-87077) Elmer Tran - W96-220-F GoPd Griffiths - W96-225-F Ewing PooLs/B. Neechan - W96-227-F(18T-79014) Kirby Structures Engineers - W96-228-F Ewing PooLs/Mr. Johnson - W96-2Jl-F Ewing PooLs/Mr. Phelan - W96-2J2-F Gary Muir - W96-242-F CoLin campbeLL - W96-244-F Erin MilLs Development C01'pOrotion - W96-250-F. W96-251 (250)-C & W96-252(250)-A(18T-90044) - W96-258-F - W96-262-F - W96-265-F - W96-271-F - W96-277-F(18T-79014) - W96-278-F W96-279(278)-C(18T-79014) - W96-280-F W96-281 (280)-C(18T-79014) - A96-2J5-F & A96-2J6(2J5)-A. - S.R. 4066-96 - - Mike Mysko Duramoul<J Ltd. /Kirby Structures Andrew Wood Tom Archibald/Aqua PooLs - Shannon Po L LaPd Mwhe Line MiI'01l Tony Pearce BarPy-BPyan Associates Stuart Bonnetta Dave MtreAskiLL - - LQ2,y Days PooLs & Spas/Debbie Fox Urban WasseLL Graham Carson Edw.rd Pomerleau Ewing PooLs/B. DykelTUTl Ewing PooLs/Mr. Wiggers - - .. .. Wi L L iam GoddaPd FePdinand Wagner Ttam's Contracting/Edw.Pds/Davies L.E. MiLetws Ewing PooLs/J.E. BugeLLi Ewing Pools/D. Coles Ewing PooLs/Mr. Niedamrlier - Tluns-Northern Pipelines Inc. - .. - - - - - CLC/klt .. - ...- -...... ., -....., - 7 - September 11. 1996 & W96-194(19J)-C & & & & - CENTRAL LAKE ONTARIO CONSERVATION AUTIIORITY Schedule 6-8 of Sept.l7/96 - DA TE: FILE: S.R.: August 29, 1996 Capital Projects, Erosion Control Capital, Watershed Stewardship Services 4058-96 MEMO TO: APPROVED BY C.A.O~ The Chairman and Members of the Board of Directors :-. - FROM: Mark Peacock, P. Eng., Manager of Engineering - SUBJECT: Additional Capital Projects as Requested by the Town of Whitby - As part of the reduction of funding to CLOCA, no new erosion control projects were listed in the budget for 1996. All projects were completion of outstanding commitments. The staff at CLOCA has been working with municipal staff to redefine our role in erosion control given the funding cuts. To this end, we have been working with the Town of Whitby to assist in the completion of three severely required erosion projects. As no provincial funds have been available we have provided the following service: - - 1. 2. - 3. 4, - Assistance in design of projects to limit Town costs Assistance in obtaining of approvals for the project Processing projects through Conservation Authorities Class Environmental Assessment as our Environmental Assessment is more appropriate for erosion control type projects, Assistance in supervision of the projects To complete the implementation of item 3 the Authority will be required to adopt the projects as projects of the Authority. This means passing a resolution as noted below. - The Town will let the contract and be legally responsible for the project construction. This system differs from past programs in that projects are no longer being tendered or paid for by the Authority. - The projects recommended for Authority adoption are: - 1. Pringle Creek at Rossland and Anderson Street 2. Pringle Creek at Michelle Court, and 3. Lynde Creek at Cochrane Street - - RECOM\IEl\"D;\ TION: THA T it be resolved that the Central Lake Ontario Conservation Authority adopt the projects noted - above to be implemented as pel' Staff Rep011 #4058-96; and, THAT, at this time, no Authority funding will be provided for these projects. - MP/ms - - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Schedule 6-9 of Sept.17/96 .. DA TE: FILE: September II, 1996 - S.R.: 4065-96 APPROVED BY C.A.O. ~ MEMO TO: The Chairman and Members of the Authority - FROM: D. Wright, Manager of Planning - SUBJECT: File Tracking Repol1 - Planning Applications - Planning staff are in the process of initiating a File Tracking Report System for all municipal planning applications that are circulated to the Authority for comments. The planning file tracking system utilizes the existing Authority Mail Data Base to produce a weekly status report of those municipal planning applications, that have been circulated to the Authority for review and comment and have not yet been responded to. - - Although the planning file tracking system is primarily designed to assist staff in the prioritizing and scheduling of their review of planning items, it can also be routinely included in the Authority Agenda, to provide the members with a quick reference to planning matters currently being reviewed by Authority staff and the targeted date for response to the municipalities. - .. An outline of the project is provided in the attached report to the September 5, 1996 Executive Meeting of the Authority. - RECOl\:Th1El\TJ>A TION: .. THAT Staff Report #4065-96 be received fOI' information and filed. ... - .. - - DW/ms - Attach. ... - DATE: FILE: S.R.: CENTRAL LAKR ONTARIO rON,~V.R.VATION AUTHORITY. S b 4 1996 Schedule 6-10 of Sept.17/96 ., ' eptem er , .. 4060-96 APPROVED BY C.A.O. ~ MEMO TO: The Chairman and Members of the Executive Committee .. FROl\t: D. Wright, Manager - Planning .. SUBJECT: FILE TRACKING REPORT - PLAi\TNING APPLICATIONS Planning staff are in the process of initiating a File Tracking Report System for all municipal planning applications circulated to the Authority for comments, .. The tracking system utilizes the existing Authority Mail data base, which has been modified to produce a weekly status report of those municipal planning applications, that have been circulated to the Authority for review and comment and have not yet been responded to. The utilization of an existing data base that is .. already maintained by secretarial staff, minimizes the need for additional staff time in data base maintenance. - .. The file tracking system will provide a weekly listing of files assigned to each planner and the requested date for comments for each file. This will assist planning staff in establishing and adjusting priorities to meet the required dates for the submission of Authority staff comments. .... Initially, only those planning items with fixed dates for the submission of staff comments will be tracked (eg. those items on the Bill 20 time-lines). This will include applications for Official Plan Amendments, Draft Plans of Subdivision, Site Plans, Land Division/Severance, Committee of Adjustment and Rezonings. .... It is intended that once the trials with the system have been completed and any further modifications made, additional items will be added. Achieving targeted turn around times on environmental, hydrogeological and engineering studies and reports, will become particularly important if the Authority establishes a fee structure to review and provide comments on these items. .... fIIIIII Planning Backlog .... Planning staff have endeavoured through the summer months to review and comment on any 'back-logged planning items' (planning applications with comments outstanding and past the requested date for comments). With the exception of those plans that must be integrated into on-going planning area and/or watershed studies (i.e. applications for draft plan approval within the Taunton Secondary Planning Area of Oshawa and North Courtice Neighbourhood 3C Secondary Plan Study of Clarington) virtually all of these items have now been responded to. .... fIIIIII It is suggested that Planning Tracking Report be included as a monthly planning status report in the Authority Agenda. - RECOMME;'\l)A TION: .. THA T staff report #4060-96 be received for information; and, THAT the l\fanager of Planning be directed to provide a planning status report in each regular Authority Agenda. .... OW /klt Attachment .. .. , en () :::r (!) 0. s:; ,.... CD 0'1 I ,.... ,.... o Hl en CD '0 rt' ,.... -..J '- \D 0'1 , , Schedule 6-12 of Sept.l7/96 ... .. ,~ Planning Tracking Report ... .... LEGEND REOUIRED RESPONSE DATE (month/day/year) .... - due date for comments as specified by the municipality circulating the application for comments ... . ITEM DATE (month/day/year) - date the item is received at the Authority .... REFERENCE - municipal file # for the application ... OPA. . Official Plan Amendment 18T-. . Draft Plan of subdivision .. 18CDM. . Draft Plan of Condominium LD. . Land Division DEV. . Site Plan (Municipal i ty of Clar i ngton) SPA. . Site Plan ( Ci ty of Oshawa) .. z. . Rezoning ~ A/. . Committee of Adjustment ... . FROM - Name of circulating municipality and municipal planner responsible for the file .. REFERRED TO ... - Authority staff assigned to the file DRP - C. Conti / Manager of Resource Planning MP - D. Wright I Manager of Planning Pl - T. Aikins I Planner P2 - R. Hersey I Planner P3 - W. Fry I P 1 a n ne r .. .... ... ... ... ... - DA TE: - FILE: S.R.: CROSS REF.: - MEMO TO: - FROM: SUBJECT: - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY September II, 1996 Schedule 6-13 of Sept.17/9E 096-259-F, 096-260(259)-C & 096-261 (259)-A 4067-96 APPROVED BY C.A.O: ~ SPA-IO/96; 090-158-F & 090-159(l58)-C The Chairman and Members of the Authority Ted Aikins, Planner Application to Construct a Funeral Home with Associated Servicing, Parking AI'ea and Landscaping - APPLICANT (OWNER): C.A.1. Commercial Administrators Inc./R. Gay - APPLICA TION(S): Fill, Construction and Alteration to a Watercourse LOCATION OF SITE: 847 King Street West, Oshawa - WATERCOURSE DESCRIPTION: Corbett Creek, East Branch .. ELEVATION OF SITE: 320 - 325 ft. - FLOODLIJ\TE ELEVATION: (REGIONAL STORM) 321. 8 ft. Revised Elevation 324 ft. ADDITIONAL ThTFORMATJON: - The applicant is proposing to develop a funeral home with related parking area and associated servicing on a property located just south of Highway 2 (King Street West) west of Thornton Road. The property - immediately abuts Corbett Creek (east branch), and is partially within the floodplain of the watercourse. The site has been the subject of a previous Authority Hearing and approval, with regard to a 1990 application to construct a 30,000 ft.2 commercial building with associated parking. - In consideration of the previous approval for development at this location, staffs primary concerns were that all appropriate conditions as applied to the previous approval be similarly applied, and: .. i) that appropriate stormwater management techniques be incorporated into the site to ensure compliance with our recently acquired storm water quality control responsibilities; - ii) - iii) .. that appropriate engineering be provided to demonstrate that the new development plan will not adversely impact on flooding, and; that appropriate sedimentation control and site stabilization methods be employed during and immediately following filling and construction. - cont'd....2 - Schedule 6-14 of Sept.17/96 S.R. #4067-96 September 11, 1996 ... Permit Issuance ... The applicant approached the Authority for approval of the proposal during the summer recess of the Board. Given an urgent desire to commence with works (client timetable requirements), and given the previous approval of the Board for development at this site, staff determined that this new application would merely reflect a modification to the previous approval. Consequently, and as the new proposal is actually an improvement from that previously approved (i,e., less fill within the floodplain, and no waters against the structure), staff did not anticipate any problems with issuing a permit prior to the Board reviewing this latest proposal. Therefore, after reviewing the necessary engineering information, and obtaining an undertaking to enter into a Save-Harmless Agreement (as per a condition of the previous approval), staff issued a permit for fill and construction. All details regarding the outfall were not available at the time of issuance, and therefore the alteration portion of the application was not issued, With that information now having been provided and found acceptable however, we are prepared to issue the Alteration to Watercourse permit which would allow the completion of the site dev.elopment. ... .... ... .. Regarding the Alteration permit, as the project will require in-stream works, a permit from the Ministry of Natural Resources under the Lakes and Rivers Improvement Act will be necessary. Although staff is unaware of any permit being available at this time, as all of our concerns have been addressed, we are recommending that Authority permits be issued with appropriate conditions. ... ... RECOl\1MEl\rnA TTON: .. THA T staff report #4067-96 be received for information; THAT the Board endorse permit 096-259-F & 096-260(259)-C subject to the following specified conditions, and; THA T the Board approve the application to alter. a watercourse subject to the listed conditions. filii 096-259-F & 096-260(259)-C (Issued Fill and Constmction Permit} - Conditions: ... 1. The project shall be carried out generally as per the plans submitted in support of the application as they may be amended by conditions of this permit (specifically Site Service and Grading Plan, ... Drawing No. SP-I, Project 90006 as prepared by D.G. Biddle & Associates Limited, Plot date June 17/96). .... 2. Prior to any excavation of the creek bed or banks, the applic~mt will provide the C.L.O.C.A. with verification of M.N.R. appr'oval of the works. ... 3. Prior to construction of the outfall or outfall channel, the applicant shall provide further details regarding the bioengineering design and naturalized stabilization measures proposed. An additional permit shall be obtained for these works. .. 4. Prior to any filling or grading, appropriate sedimentation controls shall be erected between the fill area and the creek to prevent the movement of sediment off-site and into the watercourse. .... cont'd.....3 ... ... .. - - ... - 1. - 2. - 3. .. 4. .. 5. .. 6. - - 7. iIIIII - - - - - - Schedule 6-15 of Sept.17/96 S.R. #4067-96 September 11, 1996 5. Sedimentation controls shall be maintained in good working order until all disturbed areas have been stabilized. The applicant agl'ees to place and maintain any additional confl'ols as may be requested by Authority staff following commencement of works on-site. 6. All distlll'bed areas shall be seeded, sodded, 01' stabilized in some other manner acceptable to the Authority as soon as possible and priOl' to the expiry of this permit. 096-26l(259)-A (Alteration to Watercolllose Permit) The project shall be carried out generally as per the plans submitted in support of the application as they may be amended through conditions of this pennit. Prior to the issuance of a permit, the applicant shall provide additional information regarding in- stream sedimentation controls acceptable to the Authority. Prior to excavation of the outfall channel 01' any in-stream works, the applicant shall erect appropriate sedimentation controls as approved by the Authority. These controls shall be maintained in good working Ol'del' until all disturbed areas al'e stabilized. No in-stream works shall be carried out between the period of September 15 to June 15. Accumulated sediment behind in-stream sedimentation controls shall be removed in a manner which will not result in the release of trapped sediment into the watercol1lose upon discontinuation of the controls. The owner shall enter into a Save-Harmless AgI'eement with the Authority to be registered on title at the owner's expense. All fill areas and other locations disturbed during the construction shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority as soon as possible and prior to the expiry of this permit. T Alms Attach. " Schedule 6-16 of Sept.17/96 ... .. .. 'I rIIII .---- . .....~,. ... .. .. rIIII PROPER,., .... \ .' ORIGINAL REGIONAL PLOODLINB .. .. 1. - A"'" .... - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Schedule 6-17 of Sept.17/96 DA TE: FILE: CROSS REF.: September 11, 1996 096-288-F & 096-289(288)-C SPA Z-4/95 ~ APPROVED BY C.A.a. ~ .. S.R.: 4068-96 .. MEMO TO: The Chairman and Members of the Authority .. FROM: Ted Aikins, Planner - SUBJECT: Redevelopment of Existing Residential Dwelling for a Professional Office with Associated Parking - APPLICANT(OWNER): 1070661 Ontario Limited/Dr. B. Khosraviani APPLICA TION(S): Fill and Construction .. LOCATION OF SITE: 98 Stevenson Road South .. WATERCOURSE DESCRIPTION: Goodman Creek ELEV A TION OF SITE: 105.35m - 106.50m .. FLOODLINE ELEVATION: (REGIONAL STORM) 105.48m .. ADDITIONAL INFORMATION: - The subject application is proposing to convert a vacant residential dwelling on the west side of Stevenson Road, across from the Oshawa Centre, to a dental office with associated parking area. Although not shown within a floodprone area on the Authority's original Goodman Creek floodplain mapping, the more recently completed floodplain mapping produced for the Oshawa Creek Watershed Study has shown the northwest comer of the property to be within the Regional storm floodplain of the creek. The inclusion is the result of more accurate ground contour information for the site, and does not represent a higher floodplain elevation. .. - .. The area in question, being between King Street and Stevenson Road, is subject to the Authority's Goodman Creek Special Policy for floodplain management. Under the provisions of this policy ".. .new development and intensification of existing development will be permitted on properties located entirely outside of the lOO-year storm floodplain provided that such development is floodprotected, through means acceptable to the Authority, such that the lowest opening into any structure is at a minimum elevation of one foot above the existing regional storm floodplain elevation; and that such elevations be verified by a Registered Professional Engineer or Surveyor prior to the occupancy or use of any structure. II As the property is only marginally within the Regional storm floodplain, it falls within the purview of this policy. .. - .. .. cont' d.....2 .. Schedule 6-18 of Sept.17/96 S,R. #4068-96 September 11, 1996 ... The only portion of this development which could be affected by, or which could affect the floodplain is the parking area. However, in order to minimize disruptions to local drainage the elevation of the parking area within the floodplain area has been left at grade. Consequently there should be minimal impact on flooding. Furthermore as it is only the parking area which shall be flooded. and only to a shallow depth, damage from flooding should be insignificant. IIli IIlIIII Staff are currently reviewing plans for the site to address our concerns with regard to flooding and storm water management (quality control). The plans appear generally acceptable to address our concerns, and subject to final engineering approval and the provision of the lowest opening information as required through the Special Policy, we are prepared to issue permits. Therefore we make the following recommendation. IIli IIli RECOl\fMENDA TION: IIli THAT staff report #4068-96 be received fOl' information; and, IIli THAT the application be approved subject to the following conditions: .. 1. The project shall be carried out generally as per the plans submitted in support of the application as they may be amended by conditions of this permit. 2. Prior to the initiation of grading and construction, appropriate sedimentation controls shall be erected around the pel'imetel' of the site to prevent sediment from washing onto adjacent private lands and/or into adjacent ditches, watercourses or storm sewers. IIli .. 3. Prior to occupancy or use of the stmcture, the applicant shall provide verification by a Registered Professional Engineer or Surveyor that the lowest opening elevation into the stmcture is at least 105.78 m. IIlIIII 4. All disturbed areas shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority as soon as possible and prior to the expiry of this permit. IIli IIli IIli IIIlIII IIIlIII TA/ms IIli Attach. .. ... ATTACHMENT 1 Schedule 6-19 of S __ ept.l7/96 - - 1:2000 - - r '- (\ /\./ .. '-/' - \~ I'(t \ \ ,)')--'. .. .. - - - - .. - - .. .. .. - - .. - ':>'-'U"'UUJ..~ tl-LU ot Sept.17/96 - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY - DA TE: FILE: S.R.: September 12, 1996 096-296-F & 096-297(296)-A 4071-96 APPROVED BY C.A.O. ~ - MEMO TO: The Chairman and Members of the Authority - FROM: C. Conti, Director - Resource Planning SUBJECT: APPLICATION TO PLACE FILL AND ALTER A \VATERCOURSE - APPLICANT (OWNER): Region of Durham - APPLICA TION(S): To clean and rehabilitate a small pond. LOCA TION OF SITE: Lot 3, Broken Front Concession, Oshawa (adjacent to Harmony Creek WPCP and Second Marsh) - WATERCOURSE DESCRIPTION: Farewell Creek - ELEV A TION OF SITE: Approximately 250 f1. to 252.5 f1. - FLOODLJJ\TE ELEVATION: (REGIONAL STORM) 255ft. - ADDITIONAL INFORMATION: The Region is proposing to clean the bottom sediments from a small drainage basin and then stabilize it .. with stone and plantings. The basin is located immediately to the east of the Harmony Creek Water Pollution Control Plant on the west side of Farewell Creek. - During storm periods the bottom sediments from the basin are flushed into the creek and eventually into the Second Marsh. There is concern about the quality of this material since the area apparently has been _ previously used for sludge disposal from the sewage treatment plant. The Region then, is attempting to respond to this concern through this project. .. The project itself will simply involve dredging out the bottom materials, lining the basin bottom with filter cloth and rip rap. Cattails will be planted a,round the outfall channel. The dredged material will be disposed of at the sewage treatment plant. - The basin receives drainage through a storm sewer that services the sewage treatment plant parking lot. While this situation will continue, once the sediments are removed and the plantings are established, there _ should be less concern for the quality of water entering the creek and wetland. Essentially staff have little concern for the project. There will be no work carried out in the creek and the - proposed siltation controls are adequate, so there should not be an impact on fisheries. con t' d. . . . . . . . . . . . . . .2 - - S.R.4071-96 FILE 096-296-F & 096-297(296)-A Schedule 6-21 of Sept.17/96 September 12, 1996 till Page 2 till While the work will be carried out in the floodplain, excavation and fill quantities are small, and there will be no significant impact on flood storage. IllIi Staff are concerned about a small mammal (least weasel) that is denning at the site. However, it should be possible to undertake the work without destroying the den and any disturbance should be short term. Therefore staff have no objection to the project subject to the conditions listed in the recommendation. till RECOl\'Th1ENDA TION: till THAT Staff Report #4071-96 be received for information, and that application 096-296-F & 096- 297(296)-A be approved subject to the following conditions: till 1. The project shall be carried out generally as per the plans submitted in support of the application. 2. Prior to the initiation of grading and constmction, the proposed sedimentation controls shall be erected on the site to prevent sediment fr'om washing into the watercourse. These controls shall be maintained in a state of good repair throughout the operation. III .... 3. Prior to the commencement of work, the applicant shall notify staff so that the details of the project can be reviewed on-site. III 4. All disturbed areas shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority as soon as possible and pr'ior to the expiry of this permit. IllIi III III III .... - - till CLC/klt Attachments till till - - - - - - - - - - - - - - - - - - - t- w W 0:: t- en ...J ...J W ~ W 0:: ~ tV '...-.r:u snt{('t COLONEL SAM Schedule 6-22 of Sept.l7/96 'OR. " HARMONY WAT !! CONTROL PLAN POLLUTION 11= '-@ - S(~ Q..MtII""l:. OC,(STtIIl IIlO J Q~ ocn",. ~ 08 'g.. ~ - -- 1("<( -- CII((1c'-rt.iI'Oll~C()Nf"G.~ ("!'Sf": IJ.'l'?Jf KEY PLAN N.T.S. ", -v", 750 -;mC.s.P. ~~ schedule 6-23 of sept.17/96 - .. 1+ I I ~ :3 II~ ~ I ~ I ~ I ,~ I .. .. .. .. lllIIIII .. PLACE CATTAIL PLANTS PROPOSED SILT FENCE SEE DETAIL 'e' y-Tt PROPOSED ROCK IT 'l CHECK DAM SEE DETAIL IC I :T :f- PLAN J( VIEW N.T.S. .. lllIIIII ~ Schedule 7-1 of Sept.17/96 - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY - DATE: FILE: S.R.: September 10, 1996 4064-96 APPROVED BY C.A.O. ~ - l\lEMO TO: The Chairman and Members of the Authority FR01\l: Gord Geissberger, Community Relations Cathy Cook, Resource Technician Mark Peacock, Manager Engineering Chris Conti, Director of Resource Planning - - SUBJECT: 1996 Capital Project Upgrade for Lynde Shores Conservation Area - Backgroll nd: - - In an effort to address a number of specific short and long-term issues, staff have been reviewing our facilities at Lynde Shores Conservation Area over the past few months. We have concluded that there is a need to address some immediate issues. We are proposing to accomplish this through the 1996 Capital Project proposed below. There is also a need to address some long-term issues, and this will be accomplished through revision of the master plan. - Over the past year public use of the Lynde Shores Conservation Area has indicated that the parking facilities are inadequate. This at times creates an overflow situation where cars are parked on Victoria .. Street creating a safety concern. Increased visitations to Lynde Shores and Cranberry Marshes also have staff concerned on the detrimental effects on the wetlands. - In an effort to revitalize the conservation area, for 1996 we are proposing a capital project that will begin to address the problems of parking, environmental protection and public access. This project was designed with reference to the master plans and should not affect the integrity of the natura] area. - Referring to Drawing Ill, staff have identified four components of the project to be completed this year: - 1) 2) 3) 4) Communic~:ljon Strategy Parking Lot Pay and Di5-pJay Admission Trail and Sign Upgrades - - 1) COl1lllluniCttiOIl Strategy - Open comlL;nication and community input are key elements to the sllccess of the project. Therefore, a communic,ltion stralegy is essential to obtain the input of interested parties and the community at large. Bdo::-e \\'ork commences our intent is to enact a strategy with the following components: .. - cont'd.... .2 - __ Schedule 7-2 of Sept.17/96 S.R. 4064-96 .... September 10, 1996 A) Infonnatioll Meeting Invitations and information packages will be sent to local residents, media and environmental groups. News releases will be sent to local media contacts, inviting the public. .. .. B) Correspondence Through paid advertising the public will be invited to pick up an information package at the Authority office and return their thoughts through correspondence. ... Through the communications strategy we will inform the public about the capital project which is planned for 1996. We will also describe future planned works, and invite input into the master planning exercise. .. .. 2) Parking Lot - Drawil~ .. The project will increase the capacity of the Jot from 30 to 78 cars. Currently statistics indicate that more than 250 cars visit the Conservation Area per day. The construction of the new parking lot has .. several benefi ts: A) Safety - Increased parking will remove the hazard of people parking along Victoria Street. .. B) Increased Security - Removal of the berm increases the visibility of the parking lot from Victoria Street (Drawing 113). till C) Promotional Opportunity - With this parking lot as the main access point to the area, there is a better opportunity to distribute interpretive material concerning the Authority and the environment. .. A \\'ater quality treatment facility is incorporated into the design to handle the runoff from the parking lot. This is a feature that would be required from a private developer under CLOCA's regulations. The costs are estimated at $40,000.00 for the new parking lot. .. 3) Pa" and DispJn.y Admission .. The Pay and Display Admission system will allow for a source of revenue for future management costs ... and implementation of the master plans at Lynde Shores Conservation Area. The system is fair and easy to collect, is used in many municipal lots and will assist enforcement officers in removing loiterers from the area. The fee will be set at $2.00/car/day. The cost for the admission system is $14,000. ... * H'irh rhe re\'Cl7ues from Lynde Shores, a break-e\'en poillf for {he projecrs in rhis reporr should be one year or less. * II11II .. cont'd.....3 ... .... S. R.' 114064-96 Schedule 7-3 of Sept.17/96 - September 10, 1996 4) Bird Feeder Trail and EntrClnce Sign Upgrade - Drawing III illustrates the proposed trail system for Ihe Conservation Area. All trails will be constructed of crushed limestone and approximately one metre wide. Currently this report will just - concern the Bird Feeder Trail. This Illay evefltually provide the only access point to Lynde Shores Conservation Area. One option that will be considered through the public consultation and master planning exercise will be closing off or limiting access from Hall's Road. - Benefits: - The proposed upgrade to the bird feeder trail and signage will assist in providing the following: - A) Increases safety by removing pedestrian traffic from the private road. B) I\1akes all trails accessible for the disabled, C) Prevents the damage of natural features by people and pets walking off the trails. . D) Reduces inappropriate behaviour. Enforcement officers will be able to fine anyone not on the defined trail system. - - The entrance display will be redesigned educating people on the new trail system and asking for their cooperation in protecting nature by staying on the defined trails. - A long-term plan may incorporate a heritage trail and a small wetland around the look-out tower. Further evaluation through the public consultation and master planning process is required for these items. - The estimated cost for the Bird Feeder Trail upgrade and entrance is $14,000. - RECOi\rJ\fE1\l)A TION: - TIIA T Staff Repol't 114064-96 be received for information; and, THA T the Authority give staff permission to proceed with the following: - 1) Commence a Communication Strategy upon completion of the draft project plans and report back to the Authority Board with the final draft of the project. - 2) Construct parking lot up to a cost of $40,000.00. - 3) Initiate Pay and Display Parking/Admission System lip to a cost of $14.000.00. ..n Upgrade the Bird Feeder Trail with an upper limit cost of $14,000.00. - /;llS - Attach. - - PROPOSED '~~lt:f-:,t:=.,. t.~~~A\~~~l~~':', .- -~-- [::;;) I( ~ ~~~C>+U U ,~o nq t-Ofo<T , . y-( o c( o ll:: to.. .... tc: ~ ~ ~ " ..J ..J c( X ~ ~ ~ ~ ... Drawing #1 ONTAR/l> rOll tVtllTOU '. t'JOTKtn, rUAn JOTI, "" ~ E1 IE] .. Tilt "cUOD of tbl Con..rutloD ACt' north ot Vlctorl' Strlet I. CLC$tD. Th. ob.trv.tlon tover I. . I' .Inut. v.lk Cro. thl f.rkln, ~t -7 ~ 7' :;.-' ~ . n.hln" c.noe Inf .nd .k.tlo, arl r,"trlcltd to Lynd. Cr..t, - Due to ..tr..e tnvlrotl.nt.1 untltlvlty, 011 oell.lIl.. art r..tr!clld to ,"rktd trill.. '" _ The Con.....tlon Aru I. ope. Iro. dlVD to dUlt. Th. Prl.ote Ro.d .lIould 0.1, bt trl..roed ot I.rked troll Inter'fctlon., .11 othfr rood tro.el I. .trlctl, prohIbited. --- @ ~ @] ':"'ij7~~:~ . :' I. .. .': ' ,. .' , . .... .. Schedule 7-,1 ': :. of Sept.:!"1, .. ;. .' .... . .,',. :;" . . l.~ f . :',:",,~. '.' . : :.:' I'.~.:. '/. . . ..' . .... 00 :".; . . '. .,~. ,. ... .. .. .. IIIIliII ... .. WOODEO AREA.. .. t,l.A RS H .. f'ARKI~ LOT WASHROOMS .. PICNIC AREA ... orrlClAl PA.TH H^l'- T1Ht~ u;, reOl/. .. REO CQ/-(Anoo SOX lIiIIi ... - - - - - - - - - - - - - - , - - -. ~", - ~ '9 'i. - - Schedule 7-5 of Sept.17/96 +--1 \ .....t,;. \ :;0 \ \ \ , , \ \ \ \ ;\ \ ,/ I \ \ .;;.,~ I . '" ...~- ;')~ ./ \,,(':. ~.,,~~ L,...., I A,' -,: '; UI/.... y\ /c' \ . ~r.r .-":-\ \ 'L.-' "_J..... \ ' // ~~flO \ \ \ /' ,;..-'" ,/,;< \ (< ~<~ ..~ !;> " ;/ o . - '- ., i.'~ ~ <:. ~. s. ;. \ t "L) /...; Lt. L- ~ ) c_ ., -, r~, u , CL w 1) (J '-{ (J ':') . , ';" "'t~J ')~IJ. \ , '. \ \ , , .0...) + -;. ~D ,~r:) 'j: /' U~ I:: -, () ..: ; <: i"' ':: (t " '."1 - ~J 'r~ ~ <c. - ';:-J ~ .:J " .. n "', ~~ , r. ,~.) -' . " Ci. (,-I -l:" ;.~ ,~ / .I ~.;tD- .~.-< --------- '.'-'-'--..'-----.-.- ., ,-it rj"'J';' c,.J ('Ill ...----- --- ~ en () :r r.> ~ c ~ CD --..J I (J'\ o H'\ en Q ~ v rt l-' --J '-... ~ (J'\ ." -:....- - '-" -~-. -.. - - - - .. -- .~--~""~ -- - r.~:,\" - t(. (<. .:;V". c. n ~.~) .~ c~ r " , I I I I I r= I I I C" " (. I I I I I I I I I I I -~--._-'--_._. - DATE: PILE: S.R. . . - HPJ'W TO: - FROM: - SUBJECT: - '_ CEN'l'RAL I..A.KE ONTARIO CONSERVATION AOTBORI'l'Y Schedule 8-1 of Sept.17/96 August 20, 1996 4052-96 APPROVED BY C,A.O.;~_ The Chairman and Members CLOCA Board of Directors J, Russell Powell, Chief Administrative Officer Conservation of Land - Enclosed please find, courtesy of the Metro Toronto Region Conservation Author i ty, the latest judicial decisions on the above matter. You were earlier provided with the original Mining and Lands Commissioner findings as part of the Rose Corporation deliberations. - - HECOMl.f.ENDAT ION: - TilA'l' Staff Rep01't #40&2-96 be received for information and filed. - - - - - - JRP/ms Encl. - - - - Schedule 8-2 of Sept.17/96 the metropolitan toronto and region conscrva!lon authority ..- .... MEMORANDUM TO: General Managers, ACAO and Conservation Authorities mrr@f]U~~~ ~ qv'j;).ld-:- AUG '5 1996 FROM: Rene6 Jarrett, MTRCA DATE: August 8, 1996 Re: Notice of Appeal Court Decisions ~lO 611428 Ontario Ltd. vs. MTliCA CEH1RAl LAKE QtHl\\\ \lY .__J~<2.~_s_ e r ~?_t ion ~.LLaDEJ~~ S ~_ct i o.~...? 8 __B_eg u.!~~~0-~.__.__J:..OJi$I~V ~ 1 \ 0 tt ^ Ullro R We take this opportunity to provide you with recent court decisions dealing with the definition of "conservation of land" pursuant to Section 28 of the Conservation Authorities Act. The MTRCA has been involved in a lengthy hearing and appeal process which began in 1992 when the Authority refused a fill permit application pursuant to its Section 28 Fill, Construction and Alteration to Waterways Regulations. The application was refused based on the Section 28 provision relating to "conservation of land". The meaning of this term has been the subject of debate for quite some time as there have been few cases that have relied on this provision of the Regulation. Most cases have relied on the .control of flooding". At issue in our hearing, and at the subsequent appeals, was whether .conservation of land" had a narrow definition dealing only with matters associated with erosion and sedimentation or whether it had a broad definition dealing with all matters of ecosystem protection. The Authority argued the latter. lhe Authority's refusal was appealed and was hcard by the Mining and lands Cornn~;ssioners (MLC) in 1993. The MLC decision, dated February 1994, was quite lengthy and supported the Authority's decision, thereby setting out a broad ecosystem definition of 'conservation of land". This MLC decision was previously circulated to all conservation authorities. The MlC decision was appealed by the applicant, pushing the matter from the MlC tribunal into the Ontario Courts and resulting in an appeal hearing at the Ontario Court of Justice - Divisional Court, Toronto. The appeal was heard earlier this year on March 6 and 7, Enclosed you will find the Divisional Court decision which upheld the decision of the MlC. The decision sets out the background of the application, the reasons for the appeal (of which there were seven), the appellant's arguments, our response and the Court's conclusions. It is a very concise and complete summary that will provide you with the details needed to review the specific issues and implications of this case. The Divisional Court dismissed all seven of the appellant's grounds for appeal and awarded costs to the Authority. Of importance is that the Divisional Court decision established .case law. suppor.:ng a broad ecosystem definition of .conservation of land". .. ./2 ~ .. .... .. .. .. .. .. .. .. .. .. .. .... .. .. .. .... .... - - - - - - - - - - - - - - - - - - - Schedule 8-3 of Sept.17/96 Morno to General Managers - 2 - Conservation Authorities August 8, 1996 -'--'-------~-----"~-----_._--_. ~.._-_........--_.---'-~_._~---........---- The appellant next brought forward a motion of leave to appeal the Divisional Court decision. This step in the process results in the case being reviewed or .screened- by the Appeal Court of Ontario which may then decide whether there is sufficient merit to hold an apPciJ hearing or not. On July 6th, the Appeal Court of Ontario reviewed the motion of leave to appeal and dismissed it, awarding costs to the Authority. This decision further solidifies the case law that has been established. The appellant now has recourse to seek leave of appeal to the Supreme Court of Canada. It's unlikely that this action will be pursued and, if pursued, it is unlikely that the appeal would succeed. We will know by September whether or not this case is being further appealed. These decisions have clarified an important part of conservation authorities' jurisdiction and ability to manage natural resources. It now remains to be seen if the Red Tape review will impact this achievement. Please contact me if you have any questions. Regards, R~~'/i~ Manager ~ Plan R<:. iew Section (416) f61-6600, Ext. 315 RJ/fa Enclosure 4 f:o~l '\'1 Schedule 8-4 of Sept.17/96 .. t"~. ~, .:, ,~ '"J: . 10.:.:-- t pi ~{I ~~I fiB ~I. '""'.... l" File # 123/94 .... ONTARIO COURT OF JUSTICE (DivisIonal Court - Toronto) ... }Ylff!'J1 FE,LDMAN afld ~t~cPH:r:RSQbT1L .... fJ -. 03 Ii li BET WEE N: ) ) 611428 ONTARIO LIMITED ) ) AppeHant ) ) and ) ) METROPOLITAN TORONTO AND) REG/ON CONSERVATION ) AUTHORITY ) ) Respondent ) ) ) ) :J \,~ J ,) 1 J J J \\-'I-lITE l: .- -_.--=----._"~-----..- ... .. S.M. Makuch, for tlle Appellant ... .. J.H. Wigley, for tlle Respondent .. .. ... IIEard: i'larch 6, 7, 1996 .... This is an appeal to the Divisional Court from the order of the ... Mining and wnds CommissIoner dated February 1 t, 1994. TIle appellant had .. sought permission from the MetropoHt1n Toronto and Region Conservation AUtJlOrity (/MTRCA") on December 4, 1990 for pemlission to pface fill on ... ceruin lands of the appellant located in t1le CIty of Vaugflan. The Board of the , 1 .. t'-1TRCA held a hearing on March t 3, 1992, and consequently it refused to .. ... .. (~ - 1"'1. ~'I 7i li:~1 TI ~J' ~ - f~ )~.] ~(~ [J 'J I, 11 ~" .. J .i .. ~ ~;. ~ \. ~- - , l- .. j - 1 - I I - - 0L.JleUU.Le tj-j of Scpt.17/96 w 2 - .i Issue permission to the appellant to place fill on the relevant lands. The appellant appealed the refusal of such pem11sslon to the Minister of Natural Resources pursuant to s. 28( 5) of the Conservation Authorities Act, R.S.O. 1990, c. C.2 7. The powers and duties of the Minister under s. 28( 5) have been assigned by Revised Regulations of Ontario 795/90 to the Mining and Lands Commissioner pursuant to clause 6(6) (b) of the Ministry of Natural Resources Act, R.S.O. 1990, c. M.31. Proceedings before the Commissioner are governed by part VI of the Mining Act, R.S.O. 1990, c. ~. 14 subJect to the modificatIons required by s. 6( 7) of the Ministry of Natural Resources Act. The Commissioner treated the appeal before her as a new hearing /' and received evidence from the appellant and the respondent MTRCA and on February 11, 1994, rendered her reasons which concluded ',"ith the SLnement: The appeaL.. is dismissed due to the impact of the proposed placing of fill on the conservation of land. TIIT APPELLANT'S lANDS The appellant owned 6.1 hectares of land on the west side of R.3inbow Creek. The application for the placing of till Involved p!aclng 67,000 ~. ~ II '1 8-6 of scpt.17/96 SchcolJ e .. - 3 - ~ f cubic metres of tlll In an area of 3,5 hectares, being wholly within the .. jUlisdictJon of the t-1TRC.A pursuant to Ontalio Regulation 293/86, Schedule .. t 3, which app!les to the I lumber Rlver watershed. The 3.5 hectares are located .... ~ . on part of Lot 9, ConcessIon IX, In the City of Vaughan and may be referred , to as the subject lands In respect of which the appeal to the CommissIoner was .. made, and in respect also of which the appeal to this coul1ls made. .. ~ , .. I The subJect lands are located between the flood line and the fill ~ line oeline2ted in map M.T.R. 3-30 (Ex. 9), pursuant to Schedule 3 of O.R. ... ,. ~i 293/86. The subject lands contain a depression known alternatively as a valley - feature, a minor tJibuL3ry valley, a first order stream valley and a misfit stream. j .. ...... ;'f The appearance of that valley feature is that of a ravine which makes contJct ~ with Rainbow Creek. To the west of tlle subject lands is tile area in which the .. f'1I proposed Extension of Highway 427 is to be constructed. .... j ! .. ] Tli~ISS1!ES PROPOl~EO_01'!.JTII~.MPEAL , .. '''l The appellant presents seven IssufI.5 In this appeal: it if 1. The Cornmlssioner erred In law in basing her decision on an ... l incorTect interpretation of the purpose of s. 28 ( 1)( f) of the . - ..1 .. l .... ] - ~1 ~,.'! - ". ~ll - ~ - t;J ~;, I - ..~ J J , - II - :l ~ - ~f - .J - ~1 - J :1 - J :~ - ~ - J - , I - t - t J - I - - 4. Schedule 8-7 of Sept.17/96 - 4 - Cons8f1'otion Authorities Act, In that she held that the sectIon prOvided for the conservation of an ecosystem. 2. Tile Commissioner erred In law In ImposIng an onus on the appellants that they prove "Irrevocably" that tIle "downstream" (of the West Rainbow Creek) would not be "significantly altered" by the placing of the fill. 3. The Commissioner erred in law In basing her decision on the consideration of the "cumulative effects" of potentlal future development applications when no such applicat10ns were b€fore her and there was no evidence that any such applications existed 2nd no evidence of the effects such applications would have if they did exist The Commissioner erred in fact and law in dismissing the appeal \'r'hen tIlere was no evidence that the placing of flll would affect the conservation of land through sedimentation, erosion, and nooding. ..'II '\71 Schedule 8-8 of Sept.17/96 -......,. ':,c. f" r.~ "':1. ... - :, - r.:.'1rl.'....... I"'~j 5. The Commissioner erred In fact and law In making her decisIon ... i'J'~ ~..;: t.: when evidence showed u1cre was no watercourse In the Proposed ... Fill Area which would affect or be affected by sedImentation, ... :J ~,':I'. r,.. ..'~ erosIon or flooding. ... 6. In tile alternative, If the CommIssioner con'ectJy Interpreted the .... "1 <~ ':1 ,- }O i. . " purpose of s. 28 ( 1 )( f) of the Act, then she erred in fact in that ... there was no evidence to show the Proposed Fill Area served a '11 )~;J slgnjflcant ecological or environmental function. ... 11.'. ti :~ ;] '~1 ... 7. There was sufficient evidence presented to justify the granting of I .. the pelmit. ... f.lI '" IL-fE_ RiLEV ~~IAI1trOB. Y.P'RQJ(ISI Q}:-J S ... t~'. t' I The Conservation Authorities Act sets out the objects of the authority . ... in s. 20: . I:r ... ~-~ The objects of an authority are to establish and undertake, In the area over \vhich It has Jurisdiction, a program designed to further the conservation, restoration, development and management of natural resources other than gas, oll, coaf and minerals. .. 1.... .. f ... :1 t IIIIlIl .. 1 ... , I ',1 Schedule 8-9 of Sept.17/96 ~] t...-...:J.... ~(' 1.:., - 0 - Se<.Llon 28( J )(f) of the ConsefYation Authorities Act provides: 5-..1' \,e - \:'.!'.. , .... .. 28 (J) Subject to the approval of the Lieutenant Governor In Council, an authority may make regulations applicable In the area under Its Ju rlsdlctJon, 7.,J.... ;. , , \ ~) J"- ,..,; (f) prohibitinK or regulating or requiring the pennission of the authority for the placIng or dumping of fill of any kind in any defined part of the area over which the authority has Jurisdiction in which in the opinion of the authority the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of t1le fill. i.] r ..- .~ Ji - <..lJ ..~, - _.'.~ - :_d I - .\J Under the authority of s. 28( 1)(f) of the Conservation Authorities Act the MTRCA in 1986 enacted O.R. 293/86, the predecessor to O.R. 158, which prohibited the placing of fill within a line in the Humber River watershed which included the subject property. Section 4 of Q,R. 158 repeats s. 28 ( 1 ) (f) of the staUlte and states that the MTRCA may pennit the placing of fill if in the opinion of the MTRCA the placing of that fill will not affect the - ~~~ control of flooding, poHution or conservation of land. - : 1 The issue before the MTRCA, and the issue also before the - -1 Com:nissioner was whether the placing of the fiH would not affect the control - ....~. ~I f: - " L - 'I' '-(, v' -Ii li.s;f fq;j ;r."I' "",,~ ~, '" T1".I', 11 f{;~ ,1 ~I'" ,,~:.:- j~ 1 I 1 13 1 fj 1:::t ~ ff ~ 1 ~J fI Fl , J Schedule 8-10 of Scpt.17/96 .. - 7 - .. of flooding, pollutIon or conservatIon of land. It appears: that the MTRCA was of the opinion that tl1e placing of fill would affect the conservatIon of land. It .. also appears that the conclusion reached by the Commissioner was that the .. placing of rJle fill would adversely affect tlle conservation of land In the .. wJtershed controlled by the MTRCA. till TIJE~ILANCY A~LEY AT PRE~ENt .. Heard by the Commissioner was factual and opinion evidence of ... ce/LJin witnesses to the following effect: 1 . The depression feature on the subject lands is a minor tribut.ary of the .. West Rainbow Creek. The drainage area of that depression feature is .. about 10 Hect.3res. (The depression feature may be called the Milani .. Valley). .. 2. \\1 ater does now down the Hilani VaIley and it would have been sufficient to create a pell11anent channel, but for agricultural activity .. that had taken place In the area of Its fower end. .. 3. The processes that take place In the Milani Valley contribute nutrients .. to the main watercourse Rainbow Creek. 4. The Milani Valley provides an element of flood storage. ... 5. River valleys and their tributaries are Important natural resources. .. i IlIIi .... ,. ,.1 '!' "':',;: ,.~""Y2 -I r....!fl ff'}! ~ ~" lil,).II.;,' ~'\I -tl nfll 11 1 .. A'tJ .., v~ 1.tI ':II ~ ~.,.: ;',_.j ':i fjf.. i:"~' "0< .''S ;~I .J ;:1 ~'..'r .' ,r 0LlleUU.Le tj-ll ot Sept. 1 7/96 .8- 6. The Milani Valley provides ecological diversity. 7. The Milani Valley provides corridors for the movement of plant and animal life and habltJt. 8. The Milani valley acts as a natural filter elIminating pol!ut3nts from adjacent fields. 9 . Water seepage apparent near the mouth of the Milani Valley contributes to the base flow of the West Rainbow Creek, and the maintenance of the temperature of the system. TI}E PROPOSED FILLING. OF THE_MILAN!..Y ALLEY 1 . The filling tilat was proposed involved 4,000 to 5,000 truck loads of fill m3terial that would be 8 metres (1 V2 storeys) thick. The effect of the nlHng would be to destroy the Milani Valley; the effect would also be to create four industrial lots, for cornmercial exploitation. 2. RetentIon and detentIon ponds would be needed so as not to lose the natural QpablJity of the Milani Valley to retard the flow of water under storm conditions, and replicate the ground water recharge functions that existed naturally. Even tnen, there would be problems with such ponds Including the maintenance situation, temperature, and loss storage - ~I,i,. 0\,"\ \.' \.'.'1' I: " \fl ft II } I ~ I ~ ,.,fJ II J ~.;. tI J rf ~ J ~ i! ~ !1 Schedule 8-12 of Sept.17/96 .. - 9 - .. durfng multIple storm events. Porous pipes also have a sedImentatIon problem wIth a tendency to plug up over time. .... .. 3. Water flowing Into the V/est RaInbow Creek, If tl,e MilanI Valley were filled, would access the V/e~ RJinbmv Creek via a draInage pIpe. V/ater emerging from the drainage pipe into the West Rainbow Creek would be wanner than water emerging from the Milani Valley untouched. The higher temperature of the water would adversely affect nlitural organisms in that Creek. .. .. .. .. .. 4. Run off from the farmer's field at the rear of the MIlani Valley with its attendant chemicals would be piped directly into t11e VIeS! Rainbow Creek. .... .. .... 5. If the Milani Valley were left untouched, in time, It would become through the process of natural regeneration similar, albeit on a smaller sCJle, to the West Rainbow Creek Valley In it, plant life. .. .... .. 6. The practice of filling In ravines (one can designate the Milani Valley as a ravine) for the creation of development lands leads to the loss of .. .. ... l .. (',,'.;~' .. ....L. ~; Schedule 8-13 of Sept.17/96 - \1.!.il til . 10. - if - t'J - 'I - ~, - 1 - ~ headwater, habitats, nutrient sources and landscape diversity, affectlng the watershed adversely. 7. The Increment4110ss of tributaries has not been well researched. Only the end product of specles-defldent rfvers has been observed in watersheds with few or no primary tributaries. The cumulative effect of removing all of the tributaries leads to the elimination of most of the - downstream species. The elimination of tributaries and ravines also ~ ~ reduces headwater habitats and natural nutrient sources that will - ultimately lead to a biolOgically depressed river and estuary ecosystem. {I - ~ - 8. Piping the drainage and filling the valley feature could be done easily at .,.~ l'lI , ~, the adjacent Roybridge Valley and any of the other smaller tributaries - t - ~ ."".,1. - 1 - :f J 1 t that feed into the West Rainbow Creek or, for that matter, on any tributary. 9. Any placlng of fill wiff have some pollution effect. - 10. A river system is like a tree. The mainstream of the river is the trunk; - from the trunk emerge branches and from them smaller branches, and - - ..../. Ff j'.?,I.' ~' :,., ...... '~.' , ~ , rJ., ~ ~I I ~ ~ i ~:I ~',f' ,.. ' l \~ ~ Schedule 8-14 of sept.17/96 .... - 1 1 - .. from the smaller branches twigs. The West Rainbow Creek Is a smaller br;mch of the Humber RIver tree and It has twenty-nine twigs or fJl)l: ... order streams. If you fill the t'Nlg or first order stream I.e. a tributary ... valley of the sy~1em, the results are; .. (I) higher flood peaks, (i1) loss of storage capacity, .. (Hi) diminished intake of nutrients, .. (iv) sedimentation, ... (v) Increase of water temperature, and, (vi) deterioration of the quality of the water downsueam. .. This degradation of the tree of the Humber River system by the placing ... of the Irnpugned fill In the tvfilani Valley CJnnot be measured; .... nonetheless, It will occur if the fill is placed. .. f '11 :1 11. The appellant was not the only land owner who sought permission of - ~ t the MTRCA to fill a twig of the Humber River system. The owner of , .. la.nd contiguous to the subject land whose land also cont.alned a ~ .... f depression feature (called the Roybrfdge Valley) had made application , .. f to the MTRCA to fill that depression feature. That land owner awaited t .. AJ { the result of the appellants application for pennission to fill the Milani f .. .. .. !jl ~ ...(,.,' 't' q,: 1 1 1( I J I :1 r :r ~r r r 3- 1- l- 1- 8-15 of Sept.17/96 - I L - Valley. Indeed, before any development of the appeHant's land could ensue - U1€ Roybridge Valley would have to be filled. Access to the subject lands for the purpose of filling the Milani Valley would only be possIble If the Roybridge Valley were previously filled. THE1JNDINGS OF TIm CQMMISSIONER The reasons of tile Commissioner comprise some seventy-four pages. They are comprehensive. All evidence was duly considered by her. She found as follows: 1 . Fi~"'t order streams play an integral role in the health of the downstream water course. 2. The proposed piping would serve to increase water temperatures flOWing from the drainage area. Similarly, pipe water does not have the same sedimentation retarding capacity as does land left In Its natural state. 3. Head\vater first order streams playa unique role. The functions perfonned by first order streams will have an effect on downstream characteristics by ImpactIng on water temperature, removing sedimentation and providing nutrients while filtering out chemicals. , - j - 'f r;JI 1,'1,.1,,1. {~;~I FI 'I' I .~. f \.", "1 1: ::.: ~:. , , "'J .' 1:; 'k#., t~1 \'1 J~i ~1 '.'.,1 ~.. ~-::- y '" fl: .':. " , . 1,'",'.,.., )~j J J "'J 1-'1'. ~.., " ~] 1 '~I 1 8. 9. Schedule 8-16 of Sept,l7/96 .. - 1 3 - ... 4. The role a nr51 order stream, within the headwaters, plays within the watercourse, Is precariously fragile. .. ... 5. No model was presented at the hearing to Indicate a threshold for .. InOllslon into the watershed beyond which development should not be allowed. In the absence of such a model, the CommissIoner found that .... it was appropriate to apply a precautionary principle to development. .... .. 6. Headwaters must be regarded as fragile. ... 7. PelTnitted intnlsions into any drainage area will Impact on water .. temperatures and nutrient loading, notwithstdnding engineered ,J solutions. .. Changes to the stream characteristics within the headland reaches will .. be compounded throughout the watershed. ... .. The long term effects of the sediment entering the main channel of the West Rainbow Creek Is of sufficient concern that It has not been .. irrevocably proved that the downstream will not be significantly altered. ... .. ... ~ .. ~ - , - p .. I - , .. J - I - ~ I ~ I Schedule 8-17 of Sept.17/96 - 1 4 - 10. There Is sufficient evidence that the proposed development will cause Impacts elsewhere In the watershed which have not been provided for. Certain paragraphs in the reasons of the Commissioner are worth .. repeating. At page 69 and 70 she stated: The tribunal Is much persuaded by "the evidence of, Dr. E4gfes and Dr. Newbury concerning the Importance of the functions perfonned by first order streams to the overall health of the water- shed, particularly water quality downstream. Currentiy, the water draining from and over the subject lands is undetectable for portions of the year. However, the water entering the main channel of the creek is unquestionably cold water if left in its natural condition. The proposed piping would serve to increase water temperatures flowing from the drainage area, due to the increased speed with which drainage would occur. Similarly, piped water does not have the same sedimentation retarding capacity as does land left in its natural state, and while Dr. Brown and Mr. Brodie suggested that the mitigation of an engineered solution would be sufficient to minimize impacts, they were unable to agree that there would be no impact. While the proposed measures to provide a retention and discharge function and control sedImentation are recognized as being somewhat effective, the Impacts of engineered intrusions on a water-course are not 100 percent effective. - - - ~ .. .. I - ~ 1 - { - - paragraphs: At pages 70 and 71 her reasons contain the following significant - - . , Schedule 8-18 of Sept.17/96 , ... { - 1 5 - . .. Headwater first order streams playa unique role. Of all areas within the watershed, intermittent streams which drain a relatively small area, are the least differentiated and evolved. ... .. .... t , . , Although it Is recognized that a first order stream Is not a living organism, the adjective "embryonic" best describes Its relationship to the watershed. Therefore, the tribunal finds that Intermittent or flrst order streams located In headwaters are best characterized as embryonic streams. While not having the distinctive and year round permanence of features associated with third, fourth and fifth order streams, the functions perfonned by first order streams will have an effect on downstream characteristics, by impacting on water temperature, removing sedimen~tion and providing nutrients while filtering out chemicals. Development of any one first order stream, even through the use of engineered solutions, will have some Impact on the water temperature on the main channel, which was admitted by witnesses for the applicant, as well as the amount and quality of nutrients available to the biotic community. Dr. Brown did not admit this latter impact, but the tribunal finds that the piping, retention and detention pond would not be capable of both removing the sedimentation to the same degree as the land in its natural state and more particularly, does not provide sufficient opportunity for the decomposition of plant life and micro- organisms to ~ke place and enter the main channel of the West Rainbow Creek. This Impact Is slgnlflcant In that, being a first order stream within the headwaters, the role It plays within the watercourse is precariously fragile. The elimination of the nutrient discharge and uptake function, as well as Increased sedimentation, will play a large role in changing the character of the main channel, the extent to which Is unknown. However, If the .... . ..., ( 1 .... I "' , ..., t . ... I , t ... I ~ .... . ,. ... I .. ~ , .... I ..., . " ... I I ..., .. l .. \ ... 4<1 -rJ 71 T' ~I :I T!l 1 - ~ , ~ t ~ t ,.. r -- Schedule 8-19 of Sept.17/96 - 16 - type of proposed filling were allowed, and were generalized to many or a majority of first order streams, the quality of the water and the biolOgical community found within the main channel wiH be degraded. There Is no known means by whkh an alternative process can be added within the main channel to replace the funct10ns described above or remedied their Impact. At page 71, she stated: No model was presented at the hearing to indicate a threshold for intrusion into the watershed beyond which development should not be aHowed. In the absence of such a model, the tribunal finds that it Is appropriate to apply a precautionary principle to development involving first order and intennittent Streams within the headwaters of a watercourse, so that, in the absence of caJculation of a threshold or demonstration of no net impact, development within such land should not proceed. This precautionary principle is applied in recognition of the integral role of water in environmental and human health. At pages 55 and 56 of her reasons the Commissioner makes cemin key findings and I reproduce the paragraphs Incorporating such findings. t- - - The test for detenninlng whether fill may be placed or dumped in an area within the Jurisdiction of a conservation authority, as outlined In clause 28 ( 1 ) (f), is, in the opinion of the authority or the tribunal in an appeal, whether lithe control of floodIng or pollution or the conservation of land f I d a d I 4 I d I ~ I . I ~ Schedule 8-20 of Sept.l7/96 .. - 1 7 - .. may be affected". Regarded In the context of the clause, 1/ conservation of land" must mean something separate and apart from flooding and pollution. .. .. The use of Official Plans, Officfal Plan amend- ments and by-laws Is of no assistance In determinIng the Jurisdiction of a conservation authority or, under appeal, the tribunal. In fact, It must be, recognized that, notwIthstanding a designation of an Official Plan which would be favourable to development, a proposal must still obtain the permission of the conservation authority for lands within Its Jurisdiction. .... .... .. .. The objectives of the Conservation Authorities Act are quite distinct In relation to subsectIon 28( 1 ) applications. filii .... THE ISSUES AS ARGUED BY THE PARTIES , ......'..- .... 1. The Commissioner erred in law in basing her decision on an ... incorrect interpretation of the purpose of s. 28( 1)(f) of the ~ Conserv8tJon Authorities Act In that she held that the sectIon provided .. for the conservation of an ecosystem. ... I The basic submission of the appellant Is that a careful reading of ".j ~ I the entire Act and in particular $S. 20, 21, 28, 28( 1 )(f) and O.R. 158 makes ... .", I .. 1 .. Fl ... r1 - ~ ... ~ - r - f - r - " - t1 - -.,..f " . ' - 1',- '. .... v - ~ t{ Schedule 8-21 of Sept.17/96 . 18 . It clear that the purpose of s. 28 ( 1 ) (f) In the scheme of the Conservation Authorities Act Is to prevent, In deflned areas, sedimentation, erosion and floodIng. The submission of the appellant is that the phrase "conservation of land" In s. 28( 1 )(f) does not mean the retention of land In a state of nature and such a consideration would be outside the scope of the Jurisdiction of the MTRCA. The position of the respondent is that "conservation" should not be given a narrow construction. Conservation Is an evolving concept and should be treated as such. The preservation, or keepIng from hann of valley landforms fonning part of the relevant watershed, Is a legitimate purpose of the Conservation Authorities Act. It is incorrect to conclude that the conservation - of land narrowly encompasses only such matters as sedimentation, erosion and - flooding as the appelfant would argue. .i - { 2. The Commissioner erred In law In Imposing an onus upon the ... ~, , appellants that they prove Irrevocably that the downstream (of - the Wen Rainbow Creek) will not be significantly altered. ( - i l - ~4 , :J , ~ II 1 II ~ I J I J f,sJ' ~ 1 J .~ 1 Schedule 8-22 of Sept.17/96 .... - 19 - lIIIIli The appellant submitted that the Commissioner erred when It Imposed an onus upon the appellant that It Irrevocably prove that the downstream will not be significantly altered thereby exposing lands not currently prone to flooding when no such onus was Imposed by the legislature and 15 unknown to the common law. Also, the Commissioner erred In imposing a burden upon the appellant to demonstrate that there would be no net impact before the fill could be placed. ... , .. I .... ~ .. I ... I IlIIl The onus on the appellant should be no greater than rebutting the MTRCA's reasons for denying the granting of the penn it to fill and that onus was on the balance of probabilities and there was no reasonable basis upon which the MTRCA could form an opinion that the placing of fill would adversely affect "the control of flooding, pollution or conservation of lands". , ... , ... , ... , .. , .... The position of the respondent on issue 2 is that the Commissioner did not Impose any Incorrect onus. The decision to allow or not allow the permit ls a discretionary decision of the MTRCA and where there is evidence upon which the MTRCA could reasonably come to the conclusion tllJt the placlng of the fill would have an adverse effect on the conservation of I .... ... .. ~ III , l .. ... '1 - ki~ -- ~ - ~ - ~ - ~ - ~ - p ,- ~ - , - 1 - J - i ",:1' " 1 J J I Schedule 8-23 of Sept.17/96 - 20- land, as there Is In the case at bar, then on appeal, neither the CommIssioner, nor Indeed this court should substitute her opinIon, or Its opinion, for that of an authority having expertise In the matter. The CommIssioner found: (a) The piping retention and detention pond would not be capable of both removing the sedimentation to the same degree as the land In its natural state and more particularly does not provide sufficient opportunity for the decomposition of plant life and micro- organisms to take place and enter the main channel of the West Rainbow Creek. (b) The appellant's evidence concerning sedi. mentation was not persuasive. (c) There was sufficient evidence that the proposed development would cause Impacts elsewhere in the watershed which have not been provided for. (d) The proposed fiU would affect the conservation of land. 3. The Commissioner erred in law in making her decision based on - the "cumulative effects" of potential future development - appflcatfons when no such applications were before her and there .. was no evidence that any such applications existed and no - evidence that the effects of such applications would have If they did exist. - - - tI " PI II tj , tj I rj I rj I 4 ~ ~ ia {I ,~I ~~' ,1 \- I j Schedule 8-24 of Sept.17/96 IIIiII . L I . The appeHant's positlon Is that although the Commissioner had- held that "cumulatIvely a few similar proposals to flll are found to have sufficient Impact on the watershed, In respect of flooding, alteration to the channel, and the quality of water", no assessment of cumulative effects Involving tl1e collectIon and analysis of a great deal of base Infonnatlon was done In this case. There was no factual evidence of the cumulative effectS from the future development within the Humber River watershed since no witnesses had undert1ken any study of other development properties. The implication of the Commissioner's ruling about cumulative effects is that an onus was placed on the appellant to prove that Its proposal would not contribute to the cumulative effects of potential future development. .. IIlli IIlli IIIiII IIIiII . IIlli 1 IIIiII . IIIiII . ... ... There was no reasonable basis for considering potential future applications because any future application affecting the Humber River watershed could be refused by the MTRCA on the basis of a cumulative effect it might have In the light of existing approvals. Any assessment of cumulative effectS Is within the purview and JurisdictIon of the Environmental Assessment Act and not the subject Act. , ... , ... ... ... ... .. .. ... I I i r i r { r { I- - l ,- Schedule 8-25 of Sept.17/96 . 22 . The position of the respondent Is that the Commissioner was right In considering the cumulative effects of damage to the envIronment and the precedentfallmpllcatfons of a decision pennlttIng such damage to occur. In many instances the specific and actual effect of a particular filling may be small and difficult of measurement; the MTRCA Is charged with dealing with the whole of the natural resource comprising the river system- which Includes a depression feature such as the Milani Valley. 4. The Commissioner erred in law and fact In dismissing the appeal when there was no evidence that the placing of fill would affect the conservation of land through sedimentation, erosion or flooding. - I I- The appellant's position is that the Commissioner erred in basing her decision on a "concern" for flooding when she found IIthat flooding concerns are minimal In headland areas and more particularly on the subject lands". The appellant submIts that there was no evidence to Justify any concern for sedimentation or erosion. The appellant argues that evidence was present€d that suggestS that engineered solutions would be used In combination - J I .. I - , - - - f~ A-g ffiI.:, ~ ;~~ 3 , at , tJ , 4 11 " 1) I .., ~ ,t~~ ,.;1 ,11 I 1 I ~ Schedule 8-26 of Sept.17/96 .. - 2.5 - with the fill which could have a beneficial effect on erosion and sedimentation. .. IIIi The respondent, In respect of Issue number 4, states that there was Indeed evidence on whIch the Commlssloner could find that the placing of the fill In the MIranl Valley would affect the conservation of land as that phrase is properly Interpreted. Indeed, the 'Commissioner did 'hot find that the evidence of the appellant was satisfactOry on the question of sediment flow into the West Rainbow Creek. Flood control mechanisms by way of retention and detention ponds were required. .. .. ... .. ... .. 5. The Commissioner erred in fact and law in making her decision when evidence showed that there was no watercourse in the ... .. Proposed Fill Area which would affect or be affected by sedimentJtion, erosion or flooding. .. liliiii The MTRCA established fill lines ten metres back from the top of the bank of a waterway. As there Is no waterway on the property nor a waterway ten metres from the current fill line, the MTRCA embllshed a fill line on an incorrect underst1nding of the features of the Milani Valley property. Since the West Rainbow Creek would not be significantly affected .... - .. II1II .. ... 1 - ~ - ~ - ~ - ~ - ~ ~ . - rJ ~ ti ~ 1 I ~- ,- j- ~i. ]- J- ,- Schedule 8-27 of Sept.17/96 - 24 - by the filling In of the Milani Valley, It would have no effect on the Milani Valley, Since the fill would have no such effect on the Milani VaIrey, which according to the appellant Is not a watercourse, then the proposed fill application should have been granted. The respondent's answer to the appellant's argument that there would be no effect on the Milani Valley, or, as the respondent states in its factum, no effect on the Milani watercourse, is that the fact that there is no flowing watercourse In the Proposed Fill Area does not affect the conclusion properly arrived at by the Commissioner that the proposed filling of the Milani Valley will adversely affect the conservation of land under the control of the MTRCA. It is not correct to state that the top bank is set 10 metres back from the top bank of a waterway. The fill line is set ten metres back from the assumed top bank of a valley whether it has a watercourse within it or not The top bank of the Milani Valley Is present and observable. It is a functional part of the West Rainbow Creek system and ultimately of the Humber River drainage system. In this case, there Is a watercourse clearly down the centre of the Milani Valley. It Is not a watercourse In which there is constantly water; however, there is water that flows through the Milani Valley on an intennittent basis although not well defined at the present time. It Is Incorrect to say that .. ~ I ~ I J I ] I J I J II J ~ ~ ,. Schedule 8-28 of Sept.17/96 .. . 25 . there Is no watercourse on the Milani Valley. The MTRCA made no error In Identifying, mapping It and placing a fill line around It. .. .. .... .. IIIIIl IIIIIl .. The, appellant submits that if the Commissioner correctly interpreted the purpose of s. 28( 1)(t) as including the conservation of the ecosystem, then she erred in basing her refusal to grant the fill permit on speculative evidence as to what the effect of filling "many or majority" of similar properties would have. , .. .. * .. .. j t 'J There was evidence that the Proposed Fill Area contained no watercourse and served no ecological or environmental function of Significance, and the Commissioner erred in not taking that evfdence into account. The land was characterized as an "old field" and "not environmentally sensitive", Farmland Is not a natural resource to be protected by the "conservation" powers granted to conservation authorities under the Conservation Authorities Act. ~ .... 1 .. .... . .. .. .. j .... .. 1 J ~"", " ~. ~ J \1 ~ I ~ I' 1 ;:J- - l' r'C' '. T :T 1- 1- ~... Schedule 8-29 of Sept.17/96 - 26 - The CommissIoner erred In fact In faillng to take account of the relevant consideration of the true character and functfon of the Proposed FllI Area. In answer to Issue 6, the respondent says that If the Commissioner properly Interpreted the Act, then It was open to her to conclude, as she did, that there was clearly evidence of the ecological and environmental functions of this vaHey which would be lost upon filling. 7. There was insufficient evidence presented to Justify the granting of the pennit. The Divisional Court may make any order or decision that ought or could have been made by the tribunal appealed from unless otherwise provided. The Mining Act In s. 133 places no r~ction on the right of appeal in tenns of the orders that may be sought. The appellant submits that no wimesses provided evidence that placing fill in the Proposed Fill Area would cause Instability, erosion, sediment.3tion, pollution, flOOding or the loss of any significant existing valley function, nor was the Proposed Fill Area found to be "environmentally ... 11 ~I 11 J I ~ 9 J fI J 8 J I J I J I ~ I . Schedule 8-30 of Sept.17/96 .. -27- significant". Evidence given by the appellant's witnesses was that with . appropriate engineering condidons In place, the effect of placing the fill would lIlIIi be minimal, and could even ameliorate existing problems. The appellant's III request for permIssIon to place fill on the property subject to the engineering .... conditions proposed In Exhibit 29, and referred to by the appellant's witnesses, should be granted by this court. III III The respondent's position on Issue 7 is that there was sufficient lIlIIi evidence to justify refusing the issuance of a permit particularly in circumstances where the function of the Commissioner is to sit in appeal from .... a discretionary decision of the MTRCA and the Divisional Court should not ... substitute its opinion of IIconservation of land" for that of the MTRCA. ... THIS COURT'S DECISIONS ON THE SEVEN ISSUES PROPOUNDED ON THIS APPEAL .. ... Issue 1, the Commissioner did not err in her interpretation of the purpose of s. 28( 1 )(f)of the Conservation Authorities Act. The conservation of an .. ecosystem is comprehended In the words uor conservation of land" as stated ... in s. 28( 1)(f) of the Conserv8tionAuthoritiesAct. IIIlI .. .. ... rrl ~ .. rl - fJ - ~ - ~ - ~ .. ~ .. r~ ti ;,~ ,.\J f i ~J- J- ,- i- ~- ~- - U Schedule 8-31 of Sept.17/96 - 28 - Issue 2, the Commissioner did not err by using language that suggested there was some onus placed on the appellant. The Commissioner stJted that the appellant (In order to get a penn It to fill the Milani Valley), "prove irrevocably that the downstream of the West Rainbow Creek will not be significantly altered". Th~propositIon that the Humber River system \yill be degraded by the placlng of fill In any of its first order streams such as the Milani Valley, Is reasonably inferred from the evidence which the Commissioner obviously accepted. That being so, why should the appellant not be required to show that the placlng of fill in the Milani Valley would be an exception to that proposition. We construe the words of the Commissioner in context to mean that in view of the reasonable establishment on the evidence of the foregoing proposition, the evidential burden had shifted to the appellant; if the appellant did not adduce evidence to undermine that proposition, then the appellant ran the risk of failure. (ssue 3, the Commissioner dId not err in law in basing her decision on a consideratIon of the cumulative effects of potential future development applications in the context in which she made reference to cumulative effects In the course of her reasons. - f I , I \I I d I ~ I 'd I ~ ~,'I II ~ ~I I ~ rt - Schedule 8-32 of Sept.17/96 ... - 29 - Issue 4, the Commissioner did not err in fact and law In dismissing the appeal before her. There was evidence on which she could find that the placing of the fill would affect the conservation of land. .. .. .... .. Issue 5, the Commissioner did not err In fact and law In her decision when the evidence showed there was no watercourse in the Proposed Fill Area that would be affected by sedimentation, erosion or flooding. The statement of this Issue Is flawed. Indeed there was a watercourse on the proposed fill area. The depression feature of the subject lands, I.e. the Milani Valley, was indeed a tributary of the West Rainbow Creek, and thus of the Humber River. The depression feature was a watercourse; even though it was a watercourse in which water flowed only on an intermittent basis; the watercourse in question was such notwithstanding that it was not well defined. As previously stated, to fill the depression feature called the Milani Valley, would be an incremental degradation of the Humber River system. .. ... .. ... .. .. ... . .. . ... Issue 6, assuming that the Commissioner correctly interpreted the purpose of s. 28{ 1)(f) of the Act, then she did not err In fact in finding that the Proposed Fill Area served a significant ecological or environmental function. , ... ... .. .. .. rI ) Schedule 8-33 of Sept.17/96 - 30 - Issue 7, there was sufficient evidence presented to Justify the ... 4 it .. rj - , ~ - ~ ~ - ~ ~ - , 1 1- ~... . .. refusal of a permit by the MTRCA and the refusal of a permit by the Commissioner after a full hearing granted by the Commissioner In which all relevant facts were duly considered. DISPOSITION The Commissioner on the evidence before her could come to the conclusion that the appeal of 611428 Ontario Limited be dismissed "due to the impact of the proposed placing of fill on the conservation of land." Accordingly, this appealls, for the above reasons, dismissed. tf I) )-;'7 _ /1.r&JL;- ) J.G.M. WHITE J. K~~ K FEWMAN J. %~ - MacPHE ON J. Y ~ RELEASED: APR 2 2 1996 ,- { ... RELEASED: APR 2 2 1996 Schedule 8-34 of Sept.17/96 File #123/94 ONTARIO COURT OF JUSTICE (DivIsIonal Court - Toronto) "VllITE, FELDMAN and MacPHERSONlL. BET WEE N: 611428 ONTARIO LIMITED Appellant - and - METROPOLlT AN TORONTO AND REGION CONSERVATION AUTHORITY Respondent REASONS FOR JUDGMENT WHITE J. ( . " III I .. I .. I .... ~ IIIIlI ~. .. ~ .... ~ IIIIlI ~~ IIIIlI Ii .... ~'. IIIIlI 1Ji; .. ~ .. M .... ~ IIIIlI ~ ..:.; .. ,. .. ., IIIIi r~ " __.1IIIlI - CENTRAL LAKE O~rARIO CONSERVATION AUTHORITY - DATE: FILE: Septcmber ] 0, ] 996 Schedule 8-35 of Sept.17/96 ~'.R.: 4061-96 APPROVED BY C.A.O. C~~ ~---~,-"---.- - l\lEI\IO TO: The Chairman and !\1cmbers CLOCA l10ard of Directors - FROM: l.R. Powell, Chief Administrative Officer SUBJECT: 1\1ATTAGAl\H REGION CONSERVATION AUTHORITY ET AL =-(:LASS A CTIOJ~-.l.JA W_SU.fI____,______ - - The attached Notice of Action and Statement of Claim is submitted for your information. I particularly draw your attention to pagcs 11 to 14 (Agenda pagcs 8-54 to 8-57) dealing with the alleged failings of the Conservation Authority. - - IU~~O ~J~U~J\l) f~U 0 N: - THAT Staff Repot"t #4061-96 be received for information. - - - ... - - - - J RP/klt .\ tf ach men t - - Schedule 8-36 of Sept.17/96 .. It .T"~ ,l\ ,"<,;:;lJ """'."""'.\W.J ".' "'''1''''~'' . : I"'. ~~~. f'v1A fTAGArv1I ,REGtON C;ONSERVAIION AUTHOf<ITY 1:::0 lJ,KESHORE ROAD TiMMINS ONTARIO P,jN BRS TEL \7,J'J) 2'54,5JJ9 FAX (7J5) 2GS,6SQ IIIiI IIIiI .... MJ~MQ~[Q: Jlrn Anderson General Manager A.C.A.O. IIIiI B~~,,!=1~1LA.f!~pn _L.~lvsu i t .... IIIiI Further to our discussion on this matter, I enclose reports of a Notice of Action and Statement of Claim which other managers may find interesting. .... IIIiI IIIiI Ertan J. Tecs, General Manayer. o .. BjT/mp Encl. .. August 23, 1996 r,:,~If~l1~~~, ' f ~~~ l~J ,kJ' SEr ~ ~ 1;)98 'q ~f)'~1 g CfNrRA~ I,?s~f DN1.4RIO -/.. .. CONS~nV!HWN A~THDRITY - .. ~. .~'. ,"L ~:~~~~;~~_~:~:),:'~;:~:.'(~;,j "'.., ..~; ~ ' - ~. ,. ", , ! - ('.Pc- ' ' ~. ' . : ]I' 'y-; '-, . '." -'~--'-___"'~h_"____j' , ';' '. " j ~'J , .',", I I ' " . . l..._.._.... ......:~ ........... -. - )"___~',._....,..-__- J.....,"":!. _ .........o.~f"Jo>\.~ .. .. ir'JfE')~!IJS AD jI,QU/lJv1 ALnJM .. .......r.:/..~ #r , , ~. ~,.;;H.{'~:1 -~~ "",.~, ~.tI'-Y.' ~..<,!"~ .;/ .~tt';;:'II"-~,' '...{.... ~,...~ - . /401'7....o..A.'""'..~<:~...f .~. .._..~.~. '-:1i _:~:.:~. ,.~',.:: ':, '.;' ~ )J~Jy;l? ;'.' t: I /' , ,..,<;-<.-v,.n%r'.t":. ~.<:--:~ ~.~'~" ..~~.>~'"i:+;~~ :.~ /,<, ...." ~1(',;-..~.~1-~" ':':;ir- ,~;.~: )~~f:. ~.~ .,,>..' ~-'~fit ..~~., ~ ..:\: t'~",'~';~~ ~-.J:. .rf).. ~ ~Y:-\~ ~..... ~""" ',,',-,1 '" . .....~ ....., : J.~'''l.S.Y.'~ ""., .... "'\" / 1 "...-?r.' <.'~ ,:.- ,. 'l~ /.;V" ~,r,r.,... 1 ....J.....,......-_. t. .. i' (/"._ ~ ....il""'...'. .....11 ,,~ ~,\\i(r~ J' \..1 ': h'fl-'::;\fi.,;' J~'/ :':i l,1..4, -: :. 1''': ':"L',iJ'I.,. ~,...., '-::1: '. 7-1.'~ - 1~fr.!,' :'~:~::':..l}~"1 1 y yVROY \\'EIR A,;','D FEJU~ TREMBLAY, ON THEIR OWN BEHALF AND ON BEHALF OF ALL PERSONS \\'HO Af{E OR \VERE ADVERSELY AFFECTED BY FLOODING ,V\'DjOR ALTERATIONS IN WATER LEVELS OF THE MATTAGAMI RlVER DRAINAGE BASIN \\'HICB OCCURRED IN TIMMINS COMMENCING ON OR ,\ BOUT J\1A Y 18, 1996, and BEULAH ATKINSON, DIANE BERGERON, FRANCOIS BLAJ\'CHETTE, GISELE BLANCHE1TE, PETER BRAGAGi\OLO, ANDRE CADIEUX, ~1ARC CANTIN, RAY CHRISTfv1A1'\!, TINA CHRISTMAN, A1\'TH01\TY CICCONE, A~'\70NIO CICCONE, MONICA COLE, WENDY COLLINS, IDA DANIS, NELSON DANIS, ARSENE DENOMME, ROLA1~DE DENOMME, ROBERTA DILLON, LEO DONOVAN, CLER.MONT DUVAL~ SUZAN1\'E DUVAL, ENERG" TRUSS COMPA1\T)' I\'C.} ROGER M. ETHIER, DENISE FORT'IER, HERVE FORTIER, WA\'1\'E FRASER, !\L\RTIAL GELINAS, AN1\TE'1TE GELINAS, RODGER GILES, K4.Y H:AJ\1PTON, LISE KAJ>EL, \VALLY KAPEL, ROBERT E, KO\VALClYK, LAFLEUR GARDENS U~'11TED, R1CHARD I..AFLEUR, ROBERT LAGACE, IRENE LAROUCHE, MARC LU~OTJCI-.lE, DIANE LEFEBVRE, GILBERT MAILLE, ROMEO MARTEL, DIM'E !\L\TfHE\V, BLiliE MATTHEWS, FERNA.NDE MONGEON, MIKE O'1\'EILL, ALI1\'E PIERCE, GIUv10UR PIERCE, MICHELLE ST. PIERRE, CAROLE PILON, YVON RIOPELE, CLIFFORD RNERS, GARY ROBICHAUD, ROBERT ROUSSON, CRA1G SALMO;-..,.SON, JvIARCEL SAUVE, RONDA THOMSON, KAREN T~YNOR, ROBERT TRAYNOR, JAAKO VASSI, PAMELA VASSI, ER1\TJE VIENO, JESSI' ENO, PAUL "lE~O, ETTA \\'EIR, PAUL "'lNG, THERESE \\ryUE"DE..1'\JSF. VOUN 1089502 01\7ARIO LTD. c,o,b. as TIMMINS I\lAZDA, - - - - ... - - - - - - - - - ... ... Schedule 8-37 of Sept.17/96 \C)--=t~ Court File No. 96.CU--l'$~T:Z.7.rl ONTARIO COURT (General Division) PIa intifTs - and - O:\'TARIO HYDRO, TIiE MATTAGAMI REGION CONSERVATION Al'THORITY, THE QUEEN IN RIGHT OF 01\TARIO (MINISTRY OF ~',-\'rCR\L RESOURCES), THE QUEEN IN RIGHT OF ONTARIO (MINISTRY OF TRANSPORTA'dON) and THE CORPORATION OF lliE e111' OF TIMMINS, Defendants PJ<OCEEDI0:GS COMMENCED UNDER THE CLASS PROCEEDINGS ACT, 1992 0:0TICE OF ACTIOl'\ TO THE DEFE:-:DANTS ScJ,cdu1e 8'-38 of Sept .17/96 .. .2- .. A LEGAL PROCEEJ)ING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. Tl1e claim made against you is set out in the statement of claim served with tnls llotice of action, .. .. IF YOU WISH TO DEFEND 11-11S PROCEEDING, you or an Ontario Jav.)'er acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiffs lawyer or, where the Pl;:dntiff does not have a la\\l)'cr, serve it on the Plaintiff and file it, with proof of service, in this Coul1 office, \V1THIN TWENTY DAYS after this notice of action is served on you, if you are served in' Ontario, .. .. If you are served in another province or territory of Canada or in tbe United States of America, the period for serving and filing your statement of defence is forty days. U you are served outside C.anada and the United States of America, the period is sixty days. .... ... Instead of selv1ng and filing a staternent of defence, you may serve and me a notice of intent to defend in Fonn 18B prescribed by the Rules of Civil Procedure. "Ibis will entitle you to ten more days within which to serve and file your statement of defence. .. n:; YOU FAlL TO DEFEND I1-11S PROCEEDING, nJDGMENT MAY BE GI\IEN AGAINST YOU IN YOUR ABSENCE AND WIlHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO P..\ Y LEGAL FEES, LEGAl.." AID MAY BE A V Al LAB LE TO YOU BY CONTACT1NG A LOCAL LEGAL AID OFFICE, .. - IF YOU PAY THE PLAINTIFFS CLAlM, and $2,000.00 for cos1S, wi1hin the illnc for s.ti\."ing and filing your Statement of Defence, you may move 10 have this proceeding dismjssed by the Court. If you believe the amount claimed for costs is excessive, you cay j)2.Y the Plaintiffs claim and $100.00 for costs and have the costs assessed by the :::1:.' JU:J ;6. 1996 Issued by: ~~~~ n~Q~t:JJ: r I~l o/vstrar Address of com:Loft'ce: .. .. .. .. TO: O\~LillIO HYDRO P,O, !.'ox 70 K~]p:o~ka5ing, Ontario P5:\' 2'd 361 University Avenue Toronto, Ollt:irio M 5G 1'1'3 .. . . .... - - - k'\'D TO: - - A..SD TO: - - - A!\TU TO: - - AND TO: - - - I J. I I .. - - - - Schedule 8-39 of Sept.17/96 -3- THE fvlATTAGAMI REGION CONSERVATION AUTHORlTY 100 La k:cshore Road Timmins, Ontario P4N 8R5 THE QUEEN IN RIGHT OF ONTARIO (MINISTRY OF NATURAL RESOURCES) 896 Riverside Drive Timmins, Ontario P4 N 3 W2 THE QUEEN IN RIGHT OF O!',T'fARlO (MINISTRY OF TRA1~ SPO R T A TI 0 N) 83 Algonquin Blvd. East Timmins, ON THE CORPORATION OF THE CITY OF TIMMINS 220 Algonquin Blvd. East Timii'ins, Ontario P.:j~ IB3 Schedule 8-40 of Sept.17j96 .. -4 - .. .. CLAIM 1.1l1e Plajntiffs claim as a~ainst the Defendants: .. such fur iller and other Order as may be necesS8IY in order to give effect to the relief sought and as this Honourable Court may permit; and (f) costs of tbis action on a solicitor and dieD! b:1sis. (a) (b) (c) (d) (e) general damages; special damage:s; a declaration and order requiring tJ13t the Defendants undertake necessary studies and implement appropriate dam operation and flood control me.chanisms so as to mjnimize the future nsk of flooding within the Matt3garru River Drainage Basin and the related adverse consequences; a declaration and Order requiring the Defendants produce fU1 independent emergency 3-5SeSSJ:nent of the dam facilities, related structures and soil conditions controlling water within the Mattagami River basin south of .. .. .... .. .. .. .. Timmins; .. ..... .. 2. TJ,e Plaintiffs are individuals wllo are or were residents of, carrying on business, are - or were ]~:;:-Jdjords, are or were rentors or tenants, and are. or were cottagers \vithin the Ma!:2:/~:: River Drainage Basin or in the Corporation of the Cit}, of Timmins ('Timmins"), - .. iii .. - Schedule 8-41 of Sept.1 7 ' /96 -5- - - 3, Tne Plaintiffs bring this action on their own behalf, and on beh;::llf of all persons who - are or were adversely affected by flooding and alterations in water levels and related direct (lJld indirect consequences commencing on or about May 18, 1996 \l,!'ithin the Mattagami - River Drainage Basin or in Tirnrruns. - ... ~, TIle Defendant, Ontario Hydro, is a corporation incorporated pursuant to the Power - Corpom:ion Act, R.S.O. 1990, c. P.18 as amended. - 5, The Mattagami Region Conservation Authority, is a body corporate, established - ptHSuant to the Conservation Authon'ties Act, R.S,O. 1990, Chap. C.27, as amended, and is - a member of the Conservation Authorities of Ontario, having particular expenise and - experief.ce in the field of flooding. - 6. n)C Queen in Right of Ontario (Ministry of Natural Resources) is the Provincial - GovenL'11eDt authority having jurisdiction over the conservation and management of natural reso',::ces :::. the Province of Ontario. - - /, 'I~e Queen in Right of Ontario (Ministry of Transportation) is the Provincial GO\:':.: :.::::~::: jurisdiction over the oper3tion and maintenance of roads and highways within - ilS jU'-:Sl::C::'.)]l in the Province of Ontario. - - - ~cneQule ~-4l ot Sept.17/96 ... -6- .... 8, Timmins is a Inunicipal corporation. .... .... 9. n1e Plaimiffs claims as agaimt the Defendants for damages and other relief described herein arising out of fJooding and alterations in water levels and related direct and .... indirect consequences which commenced on or about May 18, 1996, which caused damage .... to the property of the Plaintiffs, economic loss, inconvenience and mental suffering. .... 10, The Plaintiffs claim tllat the flooding and ,alterations in water levels and related .... direct and indirect consequences are a result of the negligence, breach of contract and - breach of Lcuciary duties on the part of each of the Defendants. In addition, the Plaintiffs suffcl ed d;; ;]"J2ges as a result of the negligent misrepl e.sentations, nuisance and/or trespass .... ,CJ lend, c:;'..:~:,:,d by or contributed to by the Defendants. .... 11, The. ?::=0ntiff further relies on the principle of Rylonds v. Fletcher. "" DATED: July 16, 1996 - KOSKD::: MINSKY 20 Queen Street West Suite 900, Box 52 Toronto, Ontario M 5 H 3R3 - .. Lany A. Banaek Paul Truddle 'J'ckphonc (4 Hi) 9'178353 Facsirnilc (416) 977-3.316 - Solicitors for the Plaintiffs - .. ... J \.0 0'\ "- r- ....; .j.J 0.. <1! UJ I.l-l o M '<l' I CO Q) ....; :l '0 C) ~ en ROY "VEIR, ct n = = - I I I and ONTARIO HYDRO t . c n - = w~(C,)j,\l~~~ ~J ~}) U boDG \ 6 ,gqG .. ~ ,_-<: r/,'.>r,IJ',\ ?,f.G\O~~ ~ \J. . \ \ ' (' '" ,::.:,;:: R\j,D.."\\Ot'\ r,'".rn-\O~\\\'{ ,-,v"- - \\..~~ AyYo.. ~~ I I J I I I I I I s (4 ( l: \ ' 1 ' ""'" 16) : G) rry I 977-8353 977-3316 (facs : 13 ") 1 ~ J P :ll ,1 r,!"' r \ an "c.'\./ ,'d., _.. o rs fo r I I II : (' I --'I :e c I I I KOSKlE MINSKY Barristers and Solict:ors 20 Queen Street \Yes Suite 9CO, Box 52 Toronto. Ontar:o MSE 3R3 NOTICE OF ACTION Proceedings commenced ONTARIO COURT OF JUSTICE (Gener2.1 Division) n Toronto 6 --~ - Com File No I \ oi- T c:><C:> Schedule 8-44 of Sept.17/96 Court File No. 96-CU~ 107706 ONTAH.IO COURT (Gcncr[)\ Division) 13 l~ T WEE N: ROY WErR A]\;J) FERN TRLMBLAY, ON THEIR OWN BEHALF AND ON BEHALF OF ALL PERSONS \VHO t\J\E OR \VERE ADVERSELY AFFECTED BY FLOODING AND/OR AL,'n~RATIONS IN WATER LEVELS OF THE i\1ATTAGAMI RIVER DRAINAGE BASIN WHICH OCCURRED IN TJl\lMINS COlvlMENCING ON OR ABO UT l\1A Y 18, 1996, and BElJLAH ATKINSON, DIANE BERGERON, FRAi'\TCOIS BL\SCHETTE, GISELE BLANCHETTE, PETER BRAGAGNOLO, ANDRE CADIEUX, l\L\RC CA1'\iTIN, RAY CIHUS'l1vfAN, TINA CHRISTMAN, ANTHONY CICCONE, AJ\TONIO CICCONE, MONICA COLE, 'WENDY COLLINS, IDA DANIS, NELSON DANIS, ARSENE DENOMME, ROLANDE DENOMME, ROBERTA DILLON, LEO DONOVAN, CLERMONT DUVAL, SUZANNE DUVAL, E~RGY TRUSS COMPANY d. . INC., ROGER M. ETHIER, ROBERT ETHIER, SUZANNE ETIIIER, DENISE FORTIER, HERVE FORTIER, \VAYNE FI~ASER, lYtARTIAL GELINAS, ANNETTE GELINAS, RODGER GILES, KAY HAMPTON, LISE KAPEL, \VALLY KAPEL, ROBERT E. KO\VALCZYK1 LAFLEUR GARDENS LIMITED, RICHARD LAFLEUR., ROBERT LAGACE, IHENE LAROTJCHE, MARC LAROUCHE, DIANE LEFEBVRE, GILBERT fvtAJLLf:, ROMEO MARTEL, DIANE MA'ITHE\V, BLAKE MATTHEW, FER..'\TA;\'DE MONGEON, MICHAEL O'NEILL, ALINE PIERCE, GILMOUR PIERCE, \IICHELLE ST. PIERRE, CAROLE PILON, YVON IUOPEL, CLIFFORD RIVERS, GARY ROBICIL\UD, ROBERT ROUSSON, CRAIG SkLMONSON, MJ<\RCEL SAUVE, ROi'\DA THOMSON, KAREN TRAYNOR, HOBERT TRAYN'OR, JA.AKKO VASSI, PA..\lELA VASSI, ERNIE VIENO, JESSIE VIENO, PAUL VIENO, EITA \VEIR, PAUL ,\n~G, THERESE \\f):'LIE, DE~JSE YOUNG, 1089502 ONTAR~O LTD. c,o.b. as TIMMINS MAZDA., Plaintiffs . and. ON'TARJO HYDRO, THE :f.fATTAGAMI REGION CONSERVATION AUI1-IOl<lTY, 'rHE QUEEN IN RIGHT OF ONTARIO OHINISTRY OF NATUR<\L RESO'URCES), THE QUEEN IN RIGHT OF ONTARIO (MINISTRY OF TRANSPORTATION) and THE CORPORATION OF THE CITY OF TIMf\.HNS, Defendants PROCEEDINGS COrv1MENCED UNDER THE CLASS PROCEEDINGS /1C1: 1992 STATEMENT OF CLAIM Notice of Action issued on July 16, 1996 .. .... - ... ... .. .. ... .. .. ... .. .. ... - .. l1li .. l1li - - - - - - - - - - - - - - - - - - - ScheJulc 8-45 of Sept.17/96 .2- CLAIM 1. 'Joe Plaintiffs claim as against the Defendants: (a) (b) (c) (~) a declaration and Order requiring that the Defendants undertake necessary studies and implement appropriate dam operation ,md flood control mechan,isms so as to minimize the future risk of flooding and the related adverse consequences within the Mattagami River Drainage Basin; a declaration and Order requiring the Defendants to produce an ,independent emergency assessment of the dam facilities, related structures and soil conditions and structural and non-structural flood control measures controlling water v/ithin the Mattag3.l1li River Drainage Basin; an order directing the Minister of Natural Resources to make such orders, and direct such inspection, pursuant to sections 17 and 23 of the Lakes and Rivers Improvernent Act, R.S,O. 1990 c. L.3, as is necessary to fulfil the objectives of that Act to ensure the safety ~f tbe public or persons whose lands and property may be endangered by the dams owned and operated by Ontario Hydro and the Ministry of Natural Resources; such further and other Order as may be necessary in order to give effect to the relief sought and as this Honourable Court may permit; and (f) (g) (h) (i) Schedule 8-46 of Sept.17/96 -j. (c) general damages in the amount of $10,000,000.00 on account of the Defendants' neeligence, breach of fiduciary duties, nuisance and trespass; special damages in the amount of $5,000,000,00; prejudgment and post-judgment interest pursuant to the Courts of Justice Act, R.S,O. 1990, c. C.43, as amended; an order certifying the proceeding as a Class Proceeding pursuant to the Class Proceedings Act, 1992, 5.0. 1992, c. 6; costs of this action on a solicitor and client basis. PARTIES AND BACKGROUND 2. A 00tice of Action was issued on July 16, 1996. 3. The Plaintiffs are persons who are or were residents of, carry on or carried on business, or were employees thereof, are or were landlords, are or were renters or tenants, and are or were cottagers within the Mattagami River Drainage Ba5in or within the Corpor::;ion of the City of Timmins ("Timmins") who were adversely affected by flooding and alterations in water levels and suffered related direct and indirect consequences tIlereof within liic Ma1l38ami River Drainage Basin or in Timmins, commencing on or about May 18, 1996. ... ... .... .. .. .... .... .. .. .. .. ... .. .... .. .. .. ... .... - - - - - - - - - - - - - - - Schedule 8-47 of Sept.17/96 -4- 4. 1lle Defendant Ontario Hydro is a corporation incorporated pursuant to the Power Corporation Act, R.S.O. 1990, c.P.18, as amended, canying on business for the purposes of, inter olia, the generation, transmission. distribution, supply, sale and use of power, and owns and operates a series of four dams and reselvoirs, established for such purpose, within the M 3 ttaga mi River Drainage Basin. , t 5. Tne Defendant 'The Mattagami Region ConselVation Authority ("ConselVation Authorily"), is a body corporate, established pursuant to the Conservation AUlhon'ties Act, R.S.O. 1990, c. C.27, as amended, and is a member of the Conservation Authorities of Or!tario, having p;Hticular expertise and experience in the areas of flooding and water level man2gement, whose objectives are to establish and undertake a program designed to further the consel\3tion, r(~~toration, development and management of natural resources. 6. TIle Defendant 1l1e Queen in Right of Ontario (Ministry of Natural Resources) ("\fl\'R") is the Provincial Government authority having jurisdiction over the conselVation and rnan3gement of natural resources in the Province of Ontario. In addition MNR owns and oper~::es the dam at Minisinakwa L.a.ke. - 7, r;~;: Ddt ndant 'IllC Queen in Right of Ontario (Minjstry of Transportation) ("MOT') IS the P,ovincial Government authority having jurisdiction over the operation and - - - m::intenance of roads and highways within its jurisdiction in the Province of Ontario. Schedule 8-48 of Sept.17/96 .. -5- .. .. 8. 'Ille Defendant Timmins is a municipal corporation within the Mattagami River Drainage Basin. .. .. 9. During the winter of 1995/96 the Timmins area experienced a high level of sno\lffall which resulted in abnormally high snow depth and water content levels in the Maltagami River Drainage Basin area, as measured at the time by the Defendants, Ontario Hydro, \1NR, and the Conservation Authority. .. III - 10. During the spnng of 1996 water levels in the Mattagami River Drainage Basin III reservoirs rose to levels which drastically reduced available water storage for flood control beca\,se of premature closing of the dam gates, III III 11. Comf'~encing on or about May 18, 1996 substantial elevations in water levels and resulting nooding occurred in the Mattagami Rivtr Drainage Basin. At its peak, the water ]eve ls in Tim.rillns exceeded the normal, safe and acceptable elevations. .. III .. 12. Each of the Defendants knew or ought to have Imo\'ln of the risk of flooding in Tirnll,ins and throughout the Mattag:'mi Ri'ier Drainage Basin, and in particular the !ikclil:cod of ~'Jch flooding in 1996, but wrongfully failed to take any or adeql',atc measures to mi1J1ITiiZe l~e conditions that gave rise to such flooding which in fact did occur in May 1996. - .. .. ... .. Schedule 8-49 of Sept.17/96 - -6- - - - 13. 1l1e flooding and elevations in water levels and related direct and indirect, consequences are a result of the negligence, breach of fiduciary duty, nuisance and trespass to land, on the part of, or caused by, each of the Defendants, as more fully described below. - - or-{rARIO HYDRO - 14. Ontario Hydro has exclusive control and management of four dams and reservoirs - within the Mattagami River Drainage Basin and discretion in the operation of those dams _ and reservoirs which dictates the water flow and levels within the Mattagami Riv'er Drainage Basin. - - 15. The Plaintiffs are obliged to rely on, and reposed their tnIst and confidence' in, Ontario Hydro to exercise its discretion and control \v1th pmdence and in good faith as the Plaintiffs are, to the knowledge of Ontario Hydro, particularly vulnerable to the effects of inappropriate or negligent operations of the dams and reservoirs. - - - 16. OIltario Hydro, by virtue of its discretion and control of the dams and reservoirs, and - the Plair: liffs' reliance on Ontario Hydro, owes a fiduciary duty and duty of care to the _ PlJinliffs :0 exercise its discretion and coutrol prudently arid with regard to the safety of the Plaintiffs' lives and property. - .. .. Schedule 8-50 of Sept.17/96 -7. 17. Ontario Hydro knew or ought to have known that imprudent monitoring of the build- up and reglllating of water flO\vs and levels within the Mattagami River Drainage Basin would cause damages as were suffered by the Plaintiffs and put their safety in jeopardy. 18. Ontario Hydro acted negligently, and in breach of its fiduciary duties and committed or permitted a nuisance and trespass to land, the particulars of which include the following: (a) by failing to implement the findings contained in its internal report on a flood of the Mattagami River at Timmins dated October, 1947; (b) by failing to conduct appropriate or timely studies to implement o~)timum dam operations and minimize the risk of flood and flood-related damages, notwithstanding' tl]at the technology to implement appropriate flood prevention and forecast systems was readily available, and was k.JlOW11 to Ontario Hydro, and used elsewhere in Ontario; by failing to implcrnent proper modelling and advance forecast techniques for upstream dam operations despite the widespread acceptance and use of such (c) (d) modelling and [oreutst te(;!lnjques tllrOUgllOut Ontario; by failing to implement advanced operational and flood reduction technology, notwithstanding its widespread availability for rnany years before 1996, and Ontario Hydro's a\>,.'areness of the likelihood of flooding in the ?\.1attagami River Draimlge Basin area; .. ... ... .. ... ... IIIlIi .. .. - .. ... ... IIIlIi .. .. .. .. .. .. Schcdule 8-51 of Sept.17/96 -8. - - .. (e) .. - - (f) - .. - .. (g) .. .. .. .. (h) - - - .. (i) U) (k) Schedule 8-52 of Sept.17/96 .. -9- .. .. .. by putting at risk the lives and property of the citizens of the Mattagami River Drainage Basin area by keeping water levels upstream from the dams dangerously high in accordance with its secret contractual obligations and for the purpose of recreational and commercial use, notwithsta~ding tha1 at the material time 1 to 2 feet of ice remained on the relevant reservoirs, and notwithstanding the operational policies of the Conservation Authority which provide for reservoirs to be kept at near full capacity for recreational needs only after mid-June and not in April and Mayas occurred in 1996; by failing to maintain low water levels (as Wo_S the C<..1Se in early April 1996) throughout April and May of 1996, through dam releases, to keep reservoir storage at a safe level, in preparation for the spling freshet, contrary to the .. .. .. 'III IlIlIi .. ... flood warning policies of the Conservation Authority, which failure directly and indirectly led to the elevations of water levels, nooding and the degree of property damage and economic Joss suffered by the Plain!iffs; by failing to regulate the April and May elevations and outuO\vs of the reservoirs for flood prevention purposes, including the failure to implement multi-purpose water managernent methods, and rnaximum pe.ak reduction of nood flO\J,Js to reduce downstream flood dar11age; ... .. .. ... .. III ... .. schedule 8-53 of Sept.17/96 - -10- - - - (1) by failing to decrease water levels in the upstream reservoirs managed by it in a sufficient or timely fashion such that an increase in nm-off could be controlled, notwith.standing its knowledge through its own data, of abnormally high snow and ice depth and water content levels in the Mattagami River Drainage Basin throughout the spring of 1996; (m) by failing to properly or adequately operate the dams it owns, including the premature closing of gates and failure to co-ordinate with MNR, r3using the Plaintiffs the damages described herein; (n) by failing to reduce the flow of water within the Mattagami River Drainage Basin to a level that would have rninjmiz~d any damage caused by flooding, not\vithstanding that it had the capability of doing so; and (0) by failing to discuss or disclose significant changes of policy, administration and water manaeement with appropriate stakeholders including the Plaintiffs. - - - - - - - - - - 19. O:'.t3fio Hydro's conduct directly caused the flooding, and/or caused all increase of flooding carnages and its failure to implement appropriate stra~egies and maintain tate of the art technology and dam/reservoir facilities continues to put the PI~intiffs at risk of future flooding, thereby constituting an unreasonable and substantial interference with the Pl~:;I1: ,;'fs' ,;se and enjoyment of their property. - - - - - Schedule 8-54 of Scpt.l7/96 III - 11- .. .. 20. Ont::nio Hydro is under an express or implied contract to provide the Plaintiffs with continuous and reliable hydro-electric power supply. Ontario Hydro breached its obligation .. when it shut off the po\ver supply to some of the Plaintiffs during, and due to, the flood rI/1II caused by its own negligence. 'nle interruption in the power supply resulted in additional damages to some of the Plaintiffs due to their inability to remove water from their rI/1II properties by means of electronically generated pumps which were incapacitated by the rI/1II pO',l,cr interruption. .. MATTAGAMI REGION CONSERVATION AUTHORITY rI/1II ... 21. 'nle Conservation Authority has a statutory responsibility to conduct appropriate studies, Clcct necessary \\forks and structures, and implement appropriate policies to prevent lilt tloods a:-:d the adverse effects thereof by proper water management through the Mattagami ... River Di3.inage Basin. In particular, the Conservation Authority has, pursuant to the COn.5cJ\':J!ion Authorities Act, R.S.O. 1990, the power to, inter alia: - , - ) \~ study and investig,ltC the \vatcrshed within its jurisdiction 2nd determine a rI/1II program wht;rcby the natural resources of the watershed fi'ay be conserved, restored, developed and managed; - (~' ) erect works and structures and create rcscT'':oirs by the construction of chum .. or olh':;f\vise; .. .. - Schedule 8-55 of Sept.17/96 - -12- - - (c) control the flow of surface waters in order to prevent floods or pollution or to reduce the adverse effects thereof; and operate and maintain a Flood Forecast and \Varning System for Timmins that will enable the Conservation Authority staff to assess potential flood haz<'l.rds and warn the appropriate municipal departments, provincial agencies and property OWTIers. - - (d) - - - - 22. The Plaintiffs are obliged to rely on, and reposed their trust 3.l1d confidence in, the Conservation Authority to fulfil its mandate, as the Plaintiffs are particubrly vulne.rable to the consequences of flooding due to any negligence or breach of duty by the Conservation Authority. TIle Conservation Authority owes a fiduciary duty and a duty of care to the P13jntiffs to competently fulfil its statutory mandate in a responsible and timely fashion. - - - 23. 'The Conservation Authority acted negligently and in breach of its fiduciary duties, - and comJJlitted or permitted a Duis8nce and trespass to land, the particulars of which include _ the folJo\1, ~ ng: (a) by failing to conduct appropriate or timely studies to implement optimum dam - operations and minirruze the risk of flood-related damages within the - \-fatt3g~1lni River Dr(JinClI:;C Basin area, notviithstanding its l!1:mc1ate to do so; - - - Schedule 8-56 of Sept.17/96 -13. - .. .. (b) by failing to implement proper modelling and advance forecast techniques for upstrcaln l13m operations, notwithstanding the widespread availability of such ... flood reduction technology; (c) by failing to monitor and control or arlcquately monitor and control water levels in the Mattagami River Dr<iinage Basin to reduce the risk of flood and the degree of damages caused thereby, contrary to its mandate and obligation to do so and notwithstanding its knowledge and awareness of the high water content and snow depth existing in the Mattagami River Drainage Basin in the spring of 1996; by failing to implement state of the art analysis and preventative measures such as berming and channelization which \-vould have significantly reduced the risk of flooding and damage suffered by the Plaintiffs herein; (d) (e) by failing to injtiate the necessary studies pursuant to its statutory mandate to reduce the risk of Dooding, notvlithstanding the availability of financial and other assistance through the Envirorunent Canada Flood Damage Reduction Program and other programs available flom time to time; (f) by failing to maintain appropriate and up-to.date t100d forecast and waming systems that were properly reviewed, le:h:3i sed and critiqued; by failing to llse qualified professIonal cngi11ccrs; (:; ) ... .. .. .. ... ... .. .. .. .. ... .. ... ... ... - - - - .. - - - .. .. - - .. - - - - - - (11) (i) U) Schedule 8-57 of Sept.17/96 -14- by failing to implement in the Mattagami River Drainage Basin, the recommendations of the Royal Commjssion into the flooding in Cambridge of the Grand River, dated Febnlary, 1975, and the recommendations of MNR in its 1963 Mattagami Valley Comiervation Rep0l1 following the flooding in Timmins in 1960, which if implemented by the Conservation Authority would have eliminated, or significantly reduced the likelihood of flooding, or the extent of the damages caused thereby in 1996 and hereafter; by failing to enforce or adequately enforce its flood warning policy which provides for reservoirs only to be kept at near full capacity for recreational needs after mid-June and not in April and Mayas was permitted in 1996; and by failing to implement a flood forecast model and warning system or adequate systems to alert the Plaintiffs and the other Defendants of impending adverse conditions. TDL\ll~'S 24. Timmins owes a duty of ~are and a fiduciary duty to the Plaintiffs by virtue of its s13tUtOry po\vtrs and discretion to pass such by-laws aDd make such re.s;ulations as are in the best iIllcr,~5ts of the health, safety, and welfare of the inhabitants of the municipality, and in r~:rticu~~:r t11(; power to pass by-lmvs to prevent or red\)(.~e damage to any property within tIle l11uruci?3.Iity by floods arising from the overflowing or damming hack of a river, and doing all such things as may be considered necessary to fulfil such purpose. Schedule 8-58 of Sept.17/96 .. -15. .. .. 25. AJI of the Plaintiffs (other than three), as property owners and/or inhabitants of Timmins, arc obliged to rely on and reposed their trust and confidence in Timmins to .. exercise its power with prudence, competence, and in good faith. .. 26. Tinunins acted negligtntly, and in breach of its fiduciary duties, and committed a 'IIi nuisance and trespass to land, the particulars of which include the following: .. (a) in failing to raise a low section of Dalton Road in which flooding was .. experienced in 19"19; (b) in reconstructing Norman Street at the n01ih, in 1994-1995,witho"ut elevating .. it with adequate culverts and proper drainage to prevent nooding and closure; .. (c) in allowing Riverside Drive to be constructed at a lower level than was appropriate which would and did in fact attract flooding water (onditions; .. ( ') d, by failing to delegate, supervise or effectively require the other Defendants 'IIi to fulfil their statutory and other obligations to conduct the necessary studies and implement appropriate rncasures to ensure that the magnitude of .. repeated flooding was rninimized for the benefit of the Plaintiffs and all .. residents of Timmins; (e) by failing to represent or adequately represent the Plaintiffs and all resident.s .. of Timmins in meetings, discussions and consultalions \vith the otbcr .. Def(;nd~1rlts, the particulars ofwbich are not presently knOWl.l by tlJe Plaintiffs; .. .. 'IIi .. - .. (f) .. - - (g) - .. III (h) III .. Schedule 8-59 of Sept.17/96 -10- by unnecessarily erecting barricades and failing to maintain area streets, thereby eliminating access to homes and businesses owned by certain of the Plaintiffs and detrimentally and substantially impacting on the operation of the businesses and causing significant economic loss as a result; by faiJi ng to provide appropriate emergency assistance during the flood, by inter alia, failing to make available the resources of the City to relieve the effects of the flooding, including failure to provide sand and bags free of charge; and by failing to prepare and implement proper or any flood proofing and contingency plans. 27. The Plaintiffs state, and the fact is, due to the negligent action 2nd in2.ctioll of TiJJ~mins both before and during the flood, the otherwise avoidable d3mage sustained by the Plaintiffs was exacerbated. III .. .. ~lI~ISTRY OF TRANSPORTATION ("MOT") - 28. \fOT is the Provincial Government authority having jurisdiction over tbe operation 31il': ::j~,;I~:;;:r;ancc of roads and highways within its jurisdit.tion in the Pruvincc of Ont3rio. MOT has the discretion and power to, inter alia, barricade and limit access to highways in Timmins. MOT knew or ought to have known that the Plaintiffs are particularly vulnerable - .. .. - Schedule 8-60 of Sept.17/96 -17 - to an imprudent exercise of such power which '.vould forcsceably limit access to the Plaintiffs' homes and businesses and thereby cause or contribute to the damages suffered by the Plaintiffs. 29. TI1e Plaintiffs state that MOT actcd negligently and in breach of its fiduciary duties .. ... .. .. .. .. and committed or permitted a nuisance and trespass to land, in: (3) unnecessarily erecting barricades or allowing the erection of barricadcs on loadways, including Riverside drive) thereby eliminating access to businesses owned by certain of the Plaintiffs, and detrimentally and substantially .. (b) impacting on the operation of the businesses; and in allowing a section of Highway 101, within Timmins, to be constructed at a lower level than was appropriate which would and did in fact attract flooding \vater conditions. MI~ISTRY OF NATURAL RESOURCES 30. M~R is the Provincial Government authority having jurisdiction over the cOl1ser;~:jon and management of natural resources in the Province of Ontario and rn;mages in co;;ju:-.ctiol1 with Ontario Hydro (lnd the Conservation Authority the danls and rcsclvoirs U?S trc 3::1 from Ti nunj 115. .. .. ... ... .. ... lIIIIII lIIIIII .. .. .. ... - - .. - - - - - - - - - - Schedule 8-61 of Sept.17/96 -18- 31. MNR is responsible for the prudent operation of the dams within the Mattagami River Drai n3ee Basin and reservoirs, and has the power, pursuant to the Lak~-s and Rivers Improvement Act to issue orders as necessary to maintain, raise, or lower the level of water as is in the best interest of the public. Further, MNR owns, operates and has exclusive control and management of the dam at Minisinakwa Lake which impacts on the water flow and levels \vitllin the Mattagami River Drainage Basin. 32. 'llle Plaintiffs are obliged to rely on, and reposed their trust and confidence in, MNR to exercise its discretion prudently and in the best interests of their safety. MNR owes the Plaintiffs it fiduciary duty and duty of care. 33. \1:'\1<. knew or oueht to have known that failing to take appropriate steps to regulate the water lewls and failure to properly monitor and regulate \vater flows would forcse.eably cause the damages suffered by the Plaintiffs. _ 34. ~l:'\R acted negligently and in breach of its fiduciary duties, and committed or permitted a nuisance and trespass to land the particulars of which are as follows: .. (a) by failing to implement appropriate studies to optimize dam operations and _ minimize the risk of flooding, 0.nd rdated damages; - - - (b) (c) Schedule 8-62 of Sept.17/96 -19- by failing to direct the Defendant Ontario Hydro to prudently regulate water levels and flows so as to minimize the risk of flooding and the degree of damages caused as a result; by failing to properly or adequately operate the dam at Minlsinakwa Lake which it also owns, including the premature closing of gates and failure to co- ordinate '.vith Ontario Hydro, causing the Plaintiffs the damages described herein; (d) by failing to irnplement studies or programs and pursue structural and non- structural solutions available to alleviate flooding in the Tinimins area, notwithstanding that such measures are routinely analyzed and/or implemented in similar situations throughout Ontario; by failing to implement, in the Mattagarni River Drainage Basin, the recommendations of the Royal Commission into the flooding in Carnbridge of the Grand River, dated February 1975, and the recommendations given to \fNR in the 1963 Matt3gami Valley Comervation Re.port and in its 1979 (e) Mattagami River Conservation Report; cJld (f) by failing to maintain an adequate Flood Forecast and Warning system to aiel t the CO!1Sc:rvation Authority, othc.r Defend(1J)ts and the Plaintiffs of impending advt.rse conditions in a timely f3'shion. ... - ... - II1II .. II1II II1II - II1II - II1II - II1II ... ... - ... - - - - Schedule 8-63 of Sept.17/96 -20- - ALL DEFENDANTS 35. Each of the Defendants additionally acted negligently and in breach of ~- duciary duties, the particulars of which include the following: (a) by failing to convene or participate In meaningful consu' ms with appropriate stakeholders, including the Plaintiffs, with fespe to water management goals, flood control and proper flood protection tee. :uques; - - - - (b) - - - (c) - - (d) - (e) - - - - - by failing to publish or inform the conununity, including the Plaintiffs, of all known information in their possession or which was available to them, relating to the likelihood of and methods of avoiding the risk of flood and/or damage minimization as distributed in other jurisdictions; by f<liling to retain sufficient experienced and qualified personnel capable of flJliilling their mandate and avoiding the ads of negligence and breaches of fiduciary duties noted herein; by foiling to use qualified professional engineers or consulting firms in the analysis of reservoir water level information available to the Defendants; by f<liling to (~xchange complete and factual data among themse"'es and co- ordinating and implementing: (i) appropriate dam operations and flood control mech~ - )0 as to minimize the risk of flooding and related adverse COns{"L the Mattagami River Drainage Basin; ~s within (ii) an assessment of the dam facilities, related structures and soil conditions controlling water within the Mattagami River Drainage Basin; and (iii) the recommendations of previous studies and take such further and other action as may be necessary to en.sure the safetYhof the public or persons whose lands and property may be endangered by the dams O\vned and operated by Ontalio Hydro and MNR; by failing to clearly identify 8.nd entrust to one agency, with added resources and a sensitivity to the broad requirements of the public, responsibility for flood control and water le.vel 1113nagement v.ithin the Mattagarni l~iver Drainage Basin; by failing to co-ordinate 8nd/or initiale the establishment of a multi- disciplinary planning team to be responsible for the development of a compreheusive water management plan for the Mattagami River Drainage Basin; by failing to apply [or funding from the National Flood Do.mage Reduction Program which in fact provided to other jurisdictions, flood risk mapping, flood forecasting studies, nood depth (hl.m3.ge rcl<ltions and site specific fJood damage reduction planning; and (1) by failing to prepare and implement proper or any flood pl'Oofing and (f) (g) (J) Schodule 8-64 of Sept.17/96 -21- contingency plans. .. .. lIIIIIi lIIIIIi lIIIIIi lIIIIIi .. ... ... I11III '... ... I11III I11III ... lIIIIIi ... lIIIIIi I11III - - - J)A~lAG ES - Schedule 8-65 of Sept.17/96 -22- 36. ~ll1c flooding and elevations in water levels, and related and indirect consequences, - arising as a result of tIle negligence, breach of fiduciary duties nuisance and trespass by each - of the Defendants, as described above, caused the Plaintiffs to suffer the following damages: - (a) damage to personal and real property; .. (b) economk loss in respect of the loss of sales by businesses affected by the .. (c) - .. (~ ) ,'-', - (c) .. (t) - (~) .. flooding and the substantial indirect and direct consequences thereof; depreciation in the value of their property and homes, inc1udii1g negative material effects on their land due to the negligence of the Defendants II1 failing to take adequate steps to reduce the risk of flooding; loss of income from employment incurred as a result of the flooding and the Defendants' negligence in providing appropriate emergency assistance relief; loss of enjoyment of personal and real property; expenses and costs incurred for alternative accommodation, travel, emergency assistance equipment and materials; and inconvenience, mental suffering, stress and anxiety. - 37. 'i~-,e Plaintiffs suffered substantial and irreversible' interference and harm to their - property by reason of the wrongful actions of the Defendants. - - Schedule 8-66 of Sept.17/96 III -23- ... ... 38. Particulars of the losses suffered by the Plaintiffs, cannot be quantified at present, but will be provided prior to trial. ... ... 39. TIle Plaintiffs plead that the action is an appropriate one to be adv;Hlced by way of Cla.ss Proceeding. ... ... 40. TIle Plaintiffs propose that the trial of action take place in the City of Timmins, in the Province of Ontario. ... ... DATED: August 15, 1996 KOSKIE MINSKY 20 QUC('.il Street \Vest Suite 900, Box 52 Toronto, Ontario Ivf5H 3R.3 ... ... Y a'" 'J A "Q r 11 "'k t~, 11 .~ Vi:!, .J.t.: Paul Truddle Telephone (416) 977-8353 Facsimile (416) 977-3316 ... ... Solicitors for the PI3\Htiffs ... ... .-Ii ... ... ... I I I I I I I I I I I I I I I I I I I ROY Wi.~.i{. L~'" AI.. - and - ONTARIO HY 01(0, ET AL Court Fiie No 9G-CU-I07706 O;'\TA.l.'"{lO COURT (GENERAL DIVISION) Proceedings commenced at r;c;:\)nto [J1 !"': ~ () 0.. C I-' (l) ro I (j) '-.l o Hl Cf'J ro 'D IT I-' '-.l '-.. \.0 0'\ STATEMENT OF CLAIM KOSKIE MiNSKY Barristers and Solicitors 20 Queen Street West Suite 900, Box 52 Toronto, Ontario MSH 3R3 I...arry Banack/Paul Trudelle Telephone (416) 977-8353 Facsimile (416) 977-3316 Solicitors for the Plaintiffs \~~~'!~~~ \l~ 1 G \~l~ A\j(; cG\ON , ~ ;..Gfi..'tJ,I~. "H"OR\i'\ Mp..., \ ~\ON ,..IJ >.~ \J p" I cONSeR. .... ~ A ~ 0.J\( \ \ . :> .. CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY Schedule 8-68 of Sept.l7/96 - DA TE: FILE: September 10, 1996 S.R.: AYYKU v t.,u 15 r \.....f\.u. ~ The Chairman and Members CLOCA Board of Directors 4062-96 .. MEMO TO: - FROM: l.R. Powell, Chief Administrative Officer SUBJECT: WHO DOES WHAT PANEL - Enclosed please find a number of items stemming from the deliberations of the above panel. - R ECO l\fMEl\rn A TIO N: .. THA T Staff Report #4062-96 be received for information. - - - .. - .. .. - .. - .. JRP/klt Attachment .. Schedule 8-69 of Sept.l7/96 .. ~ ASSOCIATION OF CONSERVATION AUTHORITIES OF ONTARIO Box 11. 120 BA'MEW PAAKWAY, NEWMAAKET, OI'(l'AAlQ TEL (905) 895{)716 · FAX (905) 800-0751 .. .. MEMO .. To: From: Subject: Date: All CAO's-AIl Conservation Authorities James S. Anderson "Who Does What Panel" August 27, 1996 .. .. ~..; .;; On August 27, 1996 Five Conservation Authority people attended the municipal administration Sub Panel of David Crombie's "Who Does What" Panel. This Sub Panel is chaired by Peter Meyboom , formally NCAO for The City of Ottawa. Panel members are Marian Millman, Township of Yarmouth, Gordon Chong, Metro Toronto and this Sub Panel has ex officio support from Michael Fenn, CAO, Regional Municipality of Hamilton Wentworth and David Hipgrave, CAO, Town of Milton. .. .. .. For your information the Panel and Sub Panels do not hear or receive delegations however, as they pursue their mandate to recommend municipal/ provincial disentanglement scenarios they can choose to discuss program related matters with those within a program prior to fonning an opinion on disentanglement options. 'Ontario's Conservation Authorities were chosen to discuss their program area with the Municipal Administration Sub Panel and 5 specific people were specifically chosen by name to brief the Sub Panel. They were Vicki Barron, Ben Vanderbrug, Murray Stephen, Craig Mather and the author. ACAO immediately after the announcement of the "Who Does What" Panel had formed a Task Group through its Policy and Issues Strategic Committee to develop a presentation to the Panel. While there was not an opportunity to make a presentation, this Task Group, consisting of many of the political leaders of our association, met via conference call and outlined the areas of concentration for the 5 people selected to.discuss the program. Attached you will find the material the 5 people supplied the Sub Panel. It also formed the basis for the initial statements made in front of the Sub Panel, statements which served to initiate discussion. .. .. ... .. .. The Sub Panel outlined their responsibilities associated with disentangling municipal/provincial responsibilities and suggested at the onset they were looking specifically at" Special Purpose .. .. [tlfE~arJ~@ SEJ... - 3 f996 '-fCo~~ ...~.~~!~AL lAXE orHARfO .. .. .. - - - - - - - - - - - - - - - - - - .. . Schedule 8-70 of Sept.17/96 All CAO's-All Conservation Authorities Page 2 August 27, 1996 Bodies" with a view to placing their responsibilities within a provincial envelope or a municipal one. Our responses suggested that effective watershed management can integrate across many objectives and functions and that a simple placing in one envelope was not possible. We talked about the need to integrate water quality, quantity and other water related functions on a watershed basis and that the partnering model for service delivery evident in the Business Plans of Provincial Ministries might be efficiently implemented on a watershed basis through us. We talked about the need for the provinciai govenunent to support those watershed activities that directly supported provincial objectives. We talked about the "trilogy" of Blueprint Documents and how these concepts are exceedingly relevant to the work of the Panel. One Window is Disentanglement The Sub Panel needed to hear about the breadth of our legislative mandate and the programs we implement and the fact that we are not "just flood control" agencies. There was a considerable amount of discussion on what we do, how we do it and how it is paid for. They were also advised that many jurisdictions are now discovering the watershed and are attempting to move towards something that duplicates our fonnat. It would be premature to offer an opinion on the recommendations ( if any) that may flow as a result of to-day' s discussion. I am also providing you with material on the Panel and its early recommendations to the province. Included in this are specific recommendations from 2 of the Sub Panels. This is for your information. Should you have any questions, please contact this office. Jim Schedule 8-71 of Sept.17/96 Presentation to MUNICIPAL ADMINISTRATION SUB-GROUP of the "WHO DOES WHAT COMMITTEE" by Hamilton Region. Conservation Authority Halton Region Conservation Authority .... . Credit Valley Conservation Authority Metropolitan Toronto and Region Conservation Authority August 27, 1996 .. .. ... ... .. ... .. ... ... ... - - ... .. - .. ... .. 4 .. - Schedule 8-72 of Sept.l7/96 INTRODUCTION - - We appreciate very much the opportunity to meet with you to discuss our views on who should be doing what in natural resource management. The key points we would like to make are contained in this Brief and are covered under the following headings: - - 1. 2. 3. Mandate of the Conservation Authorities; Watershed Management; Changes to the Conservation Authorities Act; Through Bill 26; Our Vision for the Future Who Does What; Who Pays for What; Changing How we Do Business. - 4. 5. 6. - - 1. MANDATE - Conservation authorities are community-based environmental organizations responsible for managing natural resources on a watershed basis. A watershed includes all of the lands draining into a river system. Our area of jurisdiction is based on the physical limits of watersheds, as opposed to a political boundary. - - The concept of community-based watershed management is unique to Ontario. In 1946, the Province of Ontario enacted The Conservation Authorities' Act (CAA) permitting municipalities within a watershed, or group of watersheds, to form a conservation authority to conserve and manage natural resources. - - A conservation authority can be formed only by petition of the municipalities in a watershed, Le., the local people must initiate the Authority. This local initiative ensures local involvement and perspective in the development and implementation of authority programs and projects, as well as a willingness to share in the cost at the municipal level. This is further ensured by the fact that the decision-making board of an authority comprises individuals appointed by the participating municipalities; who generally are elected members of council. - - - - 1 - 4 - Schedule 8-73 of Sept.l7/96 .. 2. WATERSHED MANAGEMENT .. Managing on a watershed basis is fundamental and has become broadly accepted. The management of natural resources takes place most effectively within the context of a natural resource system, an ecosystem. A watershed provides an ecosystem wherein "everything is connected to everything else", where activities upstream affect conditions downstream. .. .. In order to meet our standard of effective watershed management it is necessary: .. · to conserve ecosystems in a sustainable manner or, where degraded, to regenerate; .. · to consider the entire ecosystem and all interrelationships amongst components in a comprehensive way; .. · to effectively incorporate community interests in any watershed management decision; .. · to ensure management decisions that are consistent with matters of provincial policy and direction; .. · to ensure simplicity, efficiency and cost-effectiveness; and .. · to develop and maintain inter-municipal and inter-agency coordination and cooperation. ... ... .. ".~:e ' ... ... .. .. 2 .. 4 .. - .. - - .. - .. .. - Schedule 8-74 of Sept.17/96 3. PROVINCIAL CHANGES TO AUTHORITY STRUCTURE AND FUNDING In 1995, the province instituted several changes to The Conservation Authorities' Act through Bill 26. The main changes to the Act eliminated provi.ncial appointees to the Board and changed the process by which authorities can levy municipalities. Thp. provinr.p. rlirl not r.h;:mgp. nllr m;::lnrlMp., but did indicate that provincial funding would only be available for the operation and maintenance of flood control structures and for property taxes on certain lands owned by the authorities. In support of these changes, the province also announced a two-year funding reduction that will see funding to authorities reduced from $34 million in 1995 to $10 million in 1997. The province made it clear that authorities could continue to provide other programs, but they would have to be funded by the member municipalities at their discretion and with Authority generated revenues. 4. OUR VISION FOR THE FUTURE - WHO DOES WHAT Since 1993, conservation authorities, through The Association of Conservation Authorities of Ontario (ACAO), have prepared several submissions to. the provincial .. government regarding who should be delivering resource management programs. Similar recommendations were also submitted, by the six conservation authorities within the GTA, to the Task Force on the Future of the GTA (Golden). .. .. .. - - .. - .. .. These submissions identified the overlap and duplication of various programs offered by several provincial ministries and the conservation authorities. We argued that this situation wastes public funds and does not provide effective resource management. The ACAO proposed that this situation could best be dealt with by redefining the roles of the various agencies and developing an integrated natural resource management delivery system with the watershed as the management unit. Provincial agencies would remove themselves from service delivery and focus on the broad strategic issues of policy, legislation, research and performance standards. Natural resource management services would be integrated and delivered locally by conservation authorities and municipalities in consultation with local communities. 3 Schedule 8-75 of Sept.17/96 Although we did not receive any meaningful response from the province, the final report of the GT A Task Force agreed with our position and recommended that: WThe Province should devolve delivery of the environmental permitting and approval functions currently delivered by district and regional offices of the Ministry of Environment and Energy, Ministry of Natural Resources, and Ministry of Agriculture, Food and Rural Affairs to the Greater Toronto Council. These should be carried out by restructured conservation authorities that report directly to the Council and are responsible for delivering their current functions, as well as those newly devolved from the Province, on a watershed basis." (Recommendation 38) ~'~,,~!, We were, obviously, Quite pleased with this recommendation forJt,not only confirmed and supported the need to streamline the system, but it also recognized the unique role conservation authorities could play in the delivery of an integrated resource management program. This model is also independent of any specific municipal structure. To some extent the rationalization of this system has been instituted through the planning reforms recently announced by the province. The transfer of responsibility to the senior levels of municipal government for ensuring provinCial objectives are met through the planning process, has provided the opportunity to begin the streamlining proposed by the ACAO, albeit from a different direction. Because many of these transferred responsibilities deal with the management and protection of our natural resources and environment, conservation authorities are now negotiating with their member municipalities to provide for plan input and review services in these areas. The authorities have been doing this work for a long time and have the skills and resources to deliver. It also saves each muniCipality from having to develop its own in-house environmental expertise while providing a watershed overview as opposed to the fragmentation that would result from an approach by individual municipality. Our proposals, however, go beyond the planning and permitting process and deal with other program areas where the province has or is still attempting to deliver programs in the field. 4 .. .. .. .. 1M .. ... ... .. ... ... ... ... .. ... ... ... III .. - Schedule 8-76 of Sept.17/96 - 5. WHO PAYS FOR WHAT - We believe, in certain circumstances, the issue of "Who Pays for What" cannot and should not be determined solely on the basis of "Who Does What". Watershed Management is one such circumstance for it is not the sole responsibility of a community, a municipality or the provincial and federal governments. Watershed management, or lack thereof, has an impact not only on the local stream or river, but on the Great lakes and beyond. - - - The province has recognized, in their new business plans, the need for partnerships. This is not a new concept to conservation authorities. In fact we have proven for 50 years how effective partnerships can be. By legislative design we are a partnership and we continue to form many and varied partnerships with a wide range of entities from small community groups to the Federal Government and more recently with the private sector. We believe delivery must be at the local level but that the results of this work meet IQcal, provincial and federal objectives and, therefore, they should share a portion of the cost. - - - The Federal Government, of late, has recognized that programs are better delivered at the local level and has been providing funding through partnership agreements with Conservation Authorities, for work that meets their objectives as well as ours. We expect this to continue. - - We would encourage your committee to look at ways of reinstating provincial funding to share in this important work. - - - - - - - 5 4 - -- --1:"-.-.,-- Schedule 8-77 of Sept.l7/96 6. CHANGING HOW WE DO BUSINESS The issue of restructuring and doing business differently is one which conservation authorities have taken very seriously. The ACAO has, since 1993, recognized the need to look at how natural resource management is delivered in this province. We continue to provide this leadership in looking for new ways of doing business. There are many locations around the province where amalgamation discussions are taking place or have been implemented. The authorities within the GTA have been discussing ways of sharing resources, combining efforts and bringing consistencies to such things as policies and delivery standards. qiscussions are being held with our municipalities regarding the delivery of various"programs to make sure they are being delivered most effectively and by the appropriate organization. These and other initiatives will continue as we look for better and more efficient ways of delivery. Any municipal restructuring will also have an impact on conservation authorities which will have to be addressed. Our examination of the future direction of the Ministry of Natural Resources and the Ministry of Environment and Energy, drawn from their recently released business plans, indicates they are going to protect and manage water from their individual perspective - Quantity and Quality. They propose to deliver these services through partnering. Clearly the watershed is the appropriate unit to deliver such services and to ensure integration across these individual mandates. Our demonstrated ability to partner complements their individual corporate directions. 6 4 .. .. .. .. lIIIIi lIIIIi .. .. .. .. .. .. .. .. .. .. .. ... ... - - ... - - - - ... - ... - - - ... - - - - - 3. 4. 4 ---------- - .. ----c---., __ Schedule 8-78 of Sept.17/96 SUMMARY The key points are: 1. The importance of managing our natural resources on a watershed basis is one which was recognized by the Province of Ontario 50 years ago. Many parts of the world are only now recognizing this fact and are coming to Ontario to learn how it should be done. The watershed as the basic unit for managing our natural resources through Conservation Authorities, in partnership with the local community, the municipalities, the Province of Ontario and others, must be reaffirmed. 2. The province has reviewed and made its decisions with respect to its relationship and funding of conservation authorities. These decisions have provided more control to the member municipalities regarding budget setting and approval and programming. To achieve streamlining and to eliminate duplication of services, the delivery of natural resource management and environmental protection programs should be delivered at the local level through conservation authorities in a consolidated, comprehensive and integrated way. This saves money, time and delivers a better product. The results of good watershed management and natural resource management contribute to provincial objectives and there should be mechanisms for directing provincial funds to agreed upon areas. The original concept of conservation authorities as a partnership, recognized that the protection and management of our natural resources on a watershed basis met community, municipal and provincial objectives and that by working together, we would achieve a great deal more than independently. This is still a valid concept and, in fact, is reflected in current provincial business plans. Mechanisms should be found for reinstating provincial funding in keeping with the partnership model inherent in Conservation Authorities and espoused in provincial business plans. 7 Schedule 8-79 of Sept.17/96 !III 5. .. Conservation authorities have been in the forefront of identifying the need for the rationalization of natural resource management. We have been leaders in instituting user fees and seeking new partners (including the private sector). .. We have already initiated, amongst ourselves and others, discussions related to restructuring, streamlining, resource sharing and methods to bring consistencies to policy and delivery standards. We will continue to do so. .. !III 6. Conservation authorities .are "special purpose bodies., but are unique in their watershed jurisdiction, their accountability to their municip~lhies, and they deliver programs beyond the capability of anyone municipality. We are, therefore, an "inter-municipal special purpose body., that should be retained. .. .. ... - ... - ... ... .. .. .. fill 8 .. .. ~ ~'-~ ~ ---., Schedule 8-80 of Sept.17/96 - - i j I J , ~- j August 14, 1996 , of .. . :., f I 1 :, ~ __.,. _._.. '_.~.~_::~ Does What oanel recommends new Municioal Act Who Does What panel chair David Crombie today recommended a new Municipal Act that would give municipalities more flexibility to deliver services taxpayers want at a price they can afford. News Release Communique - - - - The new Municipal Act is part of a two-phase over-haul of Ontario's entire municipal framework proposed by Crombie and sub-panel chair Peter Meyboom in a joint letter to Municipal Affairs and Housing Minister AI Leach. The new Act would give municipalities broad authority to run their business, based on the legal concept of -natural person powers.- - -The current Municipal Act sets out, in mind-numbing detail, exactly what municipalities are allowed to do, - Crombie said. -If an action isn't specifically authorized in law, the municipality can't do it. Local governments have to be freed to meet local needs as efficiently as possible. Giving municipalities the same authority a person has -- meaning they will no longer need authorizing legislation for the administrative aspects of their businesses. - - - The panel's recommendations go beyond the Municipal Act and other legislation administered by the Ministry of Municipal Affairs and Housing to include. legislation administered by other ministries. - The panel recommends, for example, that the Ministry of the Attorney General explore with the municipal sector a new partnership in the administration of the Provincial Offences Act. This could result in municipalities taking on additional responsibilities which would result in more efficient administration of POA offences. In return, municipalities would keep a portion of the fines collected, which would more than offset the cost of administration, giving them a new net revenue source. - - The first phase of the recommended changes to the municipal framework would take the form of legislation to be introduced this fall. It would make a number of changes, mainly related to the municipal election process which begins in January of 1997 for the next municipal elections the following fall. The second phase, a more fundamental overhaul of municipal legislation including the new Municipal Act, would take place in the spring of 1997. - Legislative changes recommended for this fall would: - - give municipalities increased powers to decide on the size of municipal councils and what council members should call themselves; - streamline and simplify municipal election procedures; . reduce duplication by eliminating redundant Municipal Act provisions for calling inquiries into municipal conduct, relying instead on other existing options such as police investigations or inquiries under the Public Inquiries Act; . give municipal councils greater flexibility to delegate responsibility to staff; . give municipalities greater flexibility when they borrow and invest. - - - (more) - - schedule 8-81 of sept.17/96 ... ... - Z - Crombie said the group would continue to look at phase twO of municipal reform, and at other issues including the Building Code, libraries and land use planning. ... Crombie also released Who Does What panel recommendations today on some environmental issues. These were contained in a letter signed by Crombie and William Bell, chair of the Who Does What sub-panel looking at transportation and utilities issues. The panel endorses efforts by the Ministry of the Environment and Energy to streamline environmental approvals and to clarify provincial and municipal roles. .. .. The panel also recommends that municipalities be given responsibility for the inspection and approval of septic systems, that provincial funding to subsidize those inspections be'ended, and that municipalities be allowed to recover the cost of inspections from the applicants.ii'iThe province would retain the responsibility for licensing and certifying septic system installers, and maintaining qualification standards. ... ... The panel also agrees with the Ministry of Transportation that legislative changes should be made to eliminate the barriers that prevent the coordination and integration of community transportation services. ... The Transportation and Utilities sub-panel hopes to have recommendations in the fall on provision of water and sewer services, municipal transit, GO Transit, provincial highways and ferry services. .. Further recommendations on propertY tax reform are also expected shortly. The "Who Does What" panel was appointed May 30 to begin a complete overhaul of who does what in the delivery and funding of many government services. The goal is to ensure the very best service delivery by reducing waste, duplication and the over-all cost of government at the provincial and local government levels. ... - Copies of the recommendations are available from the Ministry of Municipal Affairs and Housing's Customer Assistance Une at (416) 585-7041. ... - 30- .. For more information, please contact: David Crombie Who Does What chair 314-9468 Sally Sheppard Who Does What Secretariat (416) 585-6900 .. Tanya Wanio (municipal framework) Who Does What Secretariat (4161 585-6242 Larry Clay (transportation and utilities) Who Does What Secretariat (416) 585-6265 - IIIIIlI Disponible en franCfais ... ... ... Schedule 8-82 of sept.17/96 - - Ministry of Municipal Affairs and Houllng Office of the Minister m Bay Street Toronto ON M5G 2ES (416) 585.7000 Minister. del Affalres municipal.' et du Leg.ment Bureau du mcnistre ~ On,-"o - m rue Bay Toronto ON M5G 2ES (416) 585.7000 - August 14, 1996 - To all Heads of Council: - I am very pleased to pass along to you two letters received today from the Who Does What panel. As you will recall, the Who Does What panel was appointed May 30 to begin a complete overhaul of who does what in the delivery and funding of many government services. The goal is to ensure the very best service delivery by reducing waste, duplication and the over-all cost of government at the provincial and local government levels. - - The attached letters contain recommendations from two sub-panels -- the Municipal Administration sub-panel and the Transportation and Utilities sub-panel. The recommendations deal with a number of issues including the municipal election process, municipal borrowing and investment policy, municipal pensions, municipal1iability, environmental approvals and septic system inspections and the integration of community transportation services. They also suggest principles for a fundamental re-write of the Municipal Act and other legislation affecting municipalities, to give municipalities greater flexibility to meet the needs of local taxpayers. - - - When the Who Does What panel was appointed, the government promised to move quickly on panel recommendations, and implement as we go. Since any changes to the municipal election process would have to be in place before the end of the year, I intend to introduce legislation in the fall on municipal election refonn and other municipal administration issues, including debt issuance and investment policies and some fltSt steps toward improving the administration of OMERS. - - - I would therefore like to hear very quickly about any concerns you may have about the Who Does What recommendations before we decide on the exact content of that legislation. Please send any comments to me by the middle of September. - While we believe it is important to move ahead as quickly as possible on the Panel's recommendations there are some that will clearly require more discussion. For that reason, I will not be acting immediately on the recommendations dealing with tax-free allowances for councillors and the joint and several aspects of municipal liability and insurance. - /2 - - - .. Schedule 8-83 of Sept.17/96 .. - 2 - The panel has made a significant proposal on joint and several liability that would impact beyond the municipal sector. This will be evaluated over the next few months. The panel has also made suggestions for further study of oMERS. 1 would like to incotpOrate these proposals into a more fundamental review of your pension system. .. .. 1 know you are as anxious as we are to move quickly toward a new framework for municipal government in Ontario. 1 look forward to your comments on these and future Who Does What recommendations aimed at achieving that goal. .. .. Sincerely, .. .. AI Leach Minister ... ... ... fill ......1 .. :.'-:/ fill ... .. .. .. .. - - Schedule 8-84 of sept.17/96 - August 14, 1996 - - MEMORANDUM TO: The Honourable AI Leach Minister of Municipal Affairs and Housing - FROM: David Crombie Chair Who Does What Panel - - Peter Meyboom Chair Municipal Administration Sub-panel RE: Recommendations of the Sub-panel on Municipal Administration - - The Sub-panel on M.unicipal Administration has bad seven meetings to review issues dealing with provincial offences as well as changes to municipal legislation. A number of these issues relate clearly to the central mandate of the Panel, to sort out the provincial and municipal roles and responsibilities, while others are more aligned with themes of reducing duplication, streamlining, and decreasing the siZe ofgovemment at both local and provincial levels. We have benefitted by building on the work of the Advisory Group on Municipal Refonn chaired by Mr. Ernie Hardeman. - - - Implementing the themes of the who does what initiative means moving to a less regulatory philosophy. Flexibility is important. Recognizing that municipalities are responsible and accountable governments, entanglement and bureaucracy can be reduced by freeing local governments to meet local needs as efficiently as possible, especially where there is no provincial interest. This would give them the flexibility that the private sector already has and remove the need for complex legislation authorizing vi.rtua11y every municipal action. The Sub-panel is also mindful of who fmances service delivery. As we clarify responsibilities, we are looking for ways of providing municipalities with the flexibility to develop or access additional revenue sources. - - - - - - ... schedule 8-85 of sept.17/96 - .. The Sub-panel recommends that the Government communicate its goal to have new municipal elections legislation in place by January 1997 (in time for municipal elections) in the near future. This new elections process should be the next step for a fundamental change in municipal legislation. ... The Sub-panel proposes that the communication include the Government's intention to transfer the responsibility for administration and prosecution of Parts I and 2 of the provincial Offences Act (POA), as a potential revenue source for municipalities. and that there will be further consultation on implementation. Transfer of this responsibility is a troe example of the principle of "disentanglement". .. ... Both these directions are positive. The former will support well-roo, co~ffective local elections. The latter will demonstrate the government's willingness to transfer revenue- generating activities to the municipal sector. .. .. PROVINCIAL OFFENCES .. The Ministry of the Attorney General has proposed transferring administration and prosecution of Part I offences to municipalities and completing the tranSfer of Part 2 (parking) charges to the municipal sector. It is in the provincial interest to continue enforcing and prosecuting the serious offences under Part 3 (e.g. careless driving, environmental matters, cOlJlorate tax infractions). The potential revenues for assuming Part I and Part 2 would result in a net revenue source (or municipalities. and provide them with a greater degree of accountability and control. ... .. Such a transfer would address our themes of disentanglement between provincial and municipal governments and decreasing the size of provincial govenunent. It could also provide stable revenue for municipalities. .. .. The Ministry of the Attorney General has agreed to return to the Sub-panel in August, 1996 with an outline of the implementation strategy and revenue sharing formula after consulting with a sample of municipa1ities.~~' .. The Sub-panel recommends that the province undertake to tranSfer adminisuation and prosecution of the Provincial Offences Act (POA) - Part I and Part 2 to municipalities. ... . . The Sub-panel further recommends that the province make an early announcement of the .. intention to transfer POA _ Part I and 2 adminisuation and prosecution to municipalities. This aIUlouncement should underscore that the transfer will result in a net revenue gain for municipalities more than covering their costs and, will build on the success of the earlier transfer of Part 2 (parking) charges to the municipal sector. .. .. 2 .. .. - Schedule 8-86 of Sept.17/96 - MUNICIPAL Acr - Staff presented an outline ofa two stage phasing of new municipal legislation. Mr. Ernie Hardeman updated us on the work of the Advisory Group on Municipal Refonn and, we were introduced to the larger framework of a new Municipal Act and companion legislation. - The Sub-panel recognizes that the Advisory Group on Municipal Refonn has done much work in this area since October 1995 and there is no intent to duplicate that effort. In contrast, the Sub- panel will focus on the delineation and clarification of municipal powers and responsibilities - who does what. - - The new municipal legislation would be based on the principle of permissive rather than prescriptive law. To facilitate this approach and minimize red tape, municipalities would be accorded the authority, rights, powers, and privileges of a natural person, except to the extent that these powers are limited by legislation. The limits are intended to protect the interests of the public, other municipalities, and the Province. - - With natural person powers a municipal corporation could organize its affairs, charge for goods and services, enter into contracts, buy and sell land, invest and borrow money, hire people and decide their remuneration and would be subject to any general laws. These activities would not be further spelled out in legislation, except were there is a provincial interest. Natural persons do not make law therefore, the right for local taxation and to make by-laws would be expressly authorized in the new Act. - - . The Sub-panel endorses the framework for new municipal legislation which is proposed in the attached document. As a matter of general policy, the new municipal legislation will stress more local autonomy and less government, accord natural person powers to municipalities, and increase governing powers for taxation and regulation. - - l\-1U1'1CIPAL ELECfIONS Acr - The province has an interest in ensuring an orderly municipal elections process and the municipalities have an interest in the efficient and effective administration of their elections. The proposed approach reflects streamlining and cost-effectiveness. - . The Sub-panel endorses the proposed amendments to the municipal elections process outlined in the attached document. - - - 3 - - Schedule 8-87 of Sept.l7/96 MUNICIPAL LIABILITY .. ... Liability is clearly a municipal concern, and with rising municipal insurance rates, can be a serious ... pressure on municipal finances. It is in the provincial interest to balance a municipality's responsibility to its ratepayers with equitable treatment of an individual. · The Sub-panel endorses the proposals described in the attached document for: nuisance liability, joint and several liability, negligence regarding legislated duties, breach of statutory duties, negligence in discret~onary functions, and operational negligence. These proposals would provide municipalities additional immunity from water and sewer nuisances, focus municipalities on risk management and codify existing common law immunities. · As for joint and several liability, the Sub-panel recommends that the existing framework of joint and several liability be replaced by a new process which would reallocate the share of liability of any defendant who is unable to pay hislher share (ie. Insolvency, inadequately insure, or untraceability) to all remaining defendants and the plaintiff (if found to be partially at fault) according to their proportionate share offault. In any event, payment would not exceed two times the liability. PENSION IssUES We reviewed the OMERS Board's request for more flexibility in decision making with respect to plan changes, some portability of assets, an easier method of changing Board appointments, as well as housekeeping amendments. The Sub-panel sees this approach as only the first step. In the spirit of the Who does What themes, the ultimate goal should be to hand over full control of OMERS to its membership without provincial involvement. However, this should be done in such a manner as to ensure that employer interests are protected. Ministry staffhave been asked to return to the Sub-panel after recasting a number of issues. · The Sub-panel endorses the Housekeeping amendments and the ability for individual plan members to transfer assets to a private sector plan proposed by the OMERS Board (see the attached document). · The Sub-panel recommends that further enhanced pension portability between OMERS and private sector plans should be an explicit goal. To attain maximum flexibility, OMERS should be encouraged to consider methods of opening the plan to non-local government employees to allow for alternate service delivery practices, as well as continuing to offer pension protection to municipal employees transferring to another employer. 4 .. ... .. .. .. .. .. ... ... .. .. .. .. - ... ... Schedule 8-88 of Sept.17/96 - MUNICIPAL DEBT AND INvESTMENT - - The financial health of the whole municipal sector is important to municipalities, the province and to the investment industry. In the investment area, great strides have been made through co- operation between the investment industry and municipalities. This has resulted in considerable savings of taxpayers' dollars. To maintain the confidence of the investment industry the legislation in this area is more prescriptive than in other sections. This approach would give municipalities more flexibility in investment options and clarify the process. Yet, it provides an opportunity to streamline the legislation. - - . - . - The Sub-panel endorses the approach with respect to Municipal Debt and Investment proposed in the attached document. Notwithstanding the above, the Sub-panel has proposed a technical recommendation that wherever possible, the regulatory rather than statutory approach be used. Lieutenant- Governor-in-Council Regulations with a requirement for public announcement of intent to proceed would serve the objects of flexibility, streamlining process, and ensuring public notice. - - In conclusion. the Sub-panel-considers the recommendations in this memorandum as far enough advanced to be included in a legislative package for government consideration in summer 1996. The Sub-panel will continue to examine the issues as outlined in the terms of reference, such as: the Building Code, Libraries, Land Use Planning and Phase Two of Municipal Reform. - - ~~ ~ ""--- J - David Crombie Peter Meyboom - attachment - cc: Panel Members - Who Does What E. Hardeman MFeM P. Moyle D. Hipgrave - - - 5 - - Schedule 8-89 of Sept.l7/96 RECOMMENDA TIONS OF SUB-PANEL ON MUNICIPAL ADMlNISTRA nON . L MUNICIPAL REFORM 1. That a program of Municipal Legislative Reform be undertaken based on the following principles: That legislation regulating municipalities be less prescriptive and drafted in a manner to give maximum local determination of process and outcomes That municipalities be granted the rights ofa natural person in respect of their organization and daily operation of the business of the munici~~ corporation That municipalities be granted broad authority in respect oft~' ~pply of goods and services to persons and property ..- That municipalities be granted govenunental powers of local taxation and the right to pass and enforce by-laws That the above stated principles be limited only to the extent that the province identifies a provincial interest in the outcome or process to be followed. ... .... - ... ... - .. ... 2. That a discussion paper on proposed municipal reforms be prepared, and made .. available to municipalities, local boards and the public, prior to the introduction of legislation. 3. That Municipal Reform be undertaken in stages, as follows: Stage 1: Reforms related to the 1997 Municipal Election, including; municipal election procedures and finances; council size and composition; qualification; eligibility; questions on ballot. Municipal debt and municipal pension reform; municipal liability. Stage 2: i:+i. ., ,~.. 'l Complete overhaul of Municipal Legislation including: the general authority for municipalities to finance and cany out their powers and responsibilities. II. ELECTIONS I. That Refonn of Local Election related matters include: Municipal council be permitted to determine council size. composition, members .. .. .. .. .. .. .. .. .. ... - - - - 2. ... 3. - 4. - - - - - - - - - - - - - Schedule 8-90 of Sept.17/96 titles and method of election without reference to the Ontario Municipal Board or Legislature. That the minimum Council composition be Head of Council and additional members to a minimum total of 5 members. Municipal Government voting day be changed from the second Monday in November to the Thursday after Thanksgiving (October 16 in 1997). The Municipal Term of Office commence November I in an election year; a change from December I; elections to be held every three years (1997, 2000). The qualification period for electors be from the Tuesday after Labour Day in an election year until voting day; that the definition of "owner or tenant" be amended clarity that land is separately assessed and not "liable to be separately assessed" and that a person can quality as a resident elector in only one municipality. s. The qualification to be a candidate; for persons not employed by Local Government, including school boards, the status quo will apply, except that provisions related to "undischarged bankrupts" be deleted; for Municipal Government Employees, including school board, a single standard of eligibility be established, including pennitting employees limited "leave of absence" to seek and hold local elected office. 6. All elected bodies be permitted to place a question on the ballot; OMB approval not be required: and that a mechanism exist to permit referenda cost recovery. 7. The current Municipal Elections Act be streamlined and modernized and reconstituted as legislation that is flexible for local needs and permits as much local discretion as possible within a set of guidelines that provide for: a fair and non-biased election; fair and consistent treatment of voters and candidates within a municipality; certainty that the results of the election truly reflect the vote of the electorate; secrecy, confidentiality and privacy of voters and their votes are paramount; the intention of a voter in marking the ballot should be the primary consideration in any counting decision; and voter accessibility and convenience and the integrity and scrutiny of the election process should take priority over administrative convenience and efficiency. 2 Schedule 8-91 of sept.17/96 .. - 8. Municipalities be encouraged to use alternative voting methods (ie. phone or roaiI-in voting). Municipalities be required to have at least one day when voting is pennitted in addition to voting day. reduced from two. An exception would be where the municipality provides an alternative and electors can vote Qlllheir own behalf without the need to attend at a voting station (ie. phone or roaiI-in voting). - .. .. 9. Voting hours remain from 10 a.m. to 8 p.m.; municipalities may provide for an earlier opening time to allow for consideration ofloca1 circumstances. .. 10. Municipal clerk retain the authority to appoint all necessary election officials; titles and duties not set out. .., .. 11. Eliminate the need for a specific municipal enumeration. 12. The assessment commissioner discontinue voter identification notices and .w supplementary enumeration of campuses, canadian forces bases and psychiatric hospitals in September of an election year. .. 13. Voters lists nO longer be posted in conspicuouS public places or be available for sale but available for inspection from the clerk. .. 14. One combined registration/nomination form and filing as a candidate be permitted beginning January 1 in an election year. .. .. IS. Nomination day be the Friday 27 days prior to voting day (September 19 in 1997). 16. Nomination/registration papers be a paper copy with an original signature (no faxes). ... 17. A refundable deposit be required for registration ($200.00 set out in regulation) refundable if the candidate receives a minimum percentage of vote (% set out by regulation). ... IS. Municipal clerk be authorized to reject a nomination/registration paper ifsatislied that the candidate is not qualified. .. 19. Clerk conduct a lotto determine the order of appearance of names on the ballot. .. 20. Electors continue to be able to appoint someone to vote on their behaIfunlessthe Council makes provision for persons to be able to vote other than by attendance at a Voting location (eg. Mail-in ballot); proXY form be prescribed. .. .. .. 3 .. .. .. - - 22. - 23. .. 24. - - - - 25. - 26. - 27. - 28. - 29. - 30. - ... Schedule 8-92 of Sept.l7/96 21. Recounts, by the Clerk, be continued, in the following cases: a tie vote; where the Council or Local Board decides a recount is necessary in the .public interest-; if the Ontario Court (general division) is satisfied there are reasonable grounds for holding one. Recounts on the basis of closeness of vote be eliminated. Clerk be permitted to dispose of all ballots and papers 90 days after the posting of the "official results" unless a judge has ordered otherwise or recount and appeal proceedings have not"yet been completed. Current provisions with respect to election campaign financing be maintained, except as follows: Parts II and ill of the Municipal Elections Act be combined the role of the commission on election finances cease any person be permitted to bring a court action for violations of campaign finance provisions councilor local board be pennitted to undertake a compliance audit the time limit for lodging a campaign finance complaint be within 90 days of the filing deadline Campaign contributions, fund raising and expenses are only permitted during th~ campaign period. Campaign period commences on January 1 in an election year and after registration/nomination filed. Campaign period ends on November I in an election year but may be continued in order for a candidate to erase a deficit. Current restriction on media advertising except during the 28 days proceeding voting day be eliminated. Where a candidate would otherwise have a surplus that the candidate be able to return . own or a spouse's contributions to the point of reducing a surplus to zero. Candidates who spend or raise less than $10,000 be required to file a financial statement noting any surplus or deficit position and including a listing all contributions over $100. 3 1. Candidates who spend or raise $10,000 or more be required to file an audited financial statement in the prescribed fonn. - - - 4 .. schedule 8-93 of sept.17/96 - - .. 32. candidates be required to withdraw noroination/registration before filing a second nomination/registration; each to be treated as a separate campaign; exception where there are no wards, campaign deemed to be continuous. .. 33. Clarify that services donated by people acting on a volunteer basis do not count as a contribution. .., 34. Only campaign surpluses in excess of $500 be required to be tumed over to the clerk and held in trust forfuture election purposes; surpluses of $500 or less be deemed to be the candidate's own funds. ... 35. Where a local councilor local board decides to underwrite the costs of caiiIlidate's election campaigns through a contribution rebate system that the adroinistlition of such a system be the responsibility of the local board or council as the case may be. .. .. 36. Reduce the number of prescribed municipal election fo[lOS from 40 to 5. That additional refo[lOS in respect of the following matters also be included in Stage I: . .. 37. Licensing of taxis at non-<:rown owned airports to continue. .. 38. Tax-free allowances for local government representatives be eliroinated. - 39. Inquiries into municipal conduct under municipal act section 178 be eliroinated. 40. Delegation ofauthority of non_legislative duties to committees and staffby council be permitted subject to limitations. ... 41. Complementary amendments to facilitate the above recommendations. including repcal of private bills, relating to council size, composition. titles and method of election. ... ;i~:' . ... Ill. DEBT & lNYES™EN1. The Municipal Act and other related acts (e.g., Metropolitan Toronto Act, Regional Municipalities Act, Regional Acts) be amended to: ... ... I. Use the trustee act as the base to define municipal investment powers and give the Lieuten.nt Govemor in council (LGIC) power to add or delete eligible investments and prescribe applicable conditions by regulation. ... 2. Give authority to prescribed municipalities to issue vari.ble rate debentures and the LGlC power to prescribe through regulation conditions to be met for the issuance of variable rate debentures. .. .. .. Schedule 8-94 of Sept.l7/96 - - 3. Allow municipalities and entities of the broader public sector to cover each other's short tenn borrowing requirements. - 4. Give municipalities greater flexibility on timing of interest payments subject to at least one payment to be made annually. - S. Make various housekeeping and editorial amendments related to municipal debt and investment powers: - To clarify and standardize inconsistent or unclear wording or inconsistent or archaic borrowing powers or responsibilities; - To remove unnecessary provisions requiring OMB approval related to the financing, refinancing and financial management of those projects or commitments. - 6. The foreign currency borrowing regulation be amended to: - Allow prescribed municipalities to issue debt in the Australian Dollar and the Dutch Guilder .. Make wording in the regulation consistent with the Municipal Act .. 7. A regulation relating to eligible investments be developed which (1) liniits share ownership in anyone' company to no more than 10% of the voting shares and (2) requires that municipalities adopt through a resolution of council a statement of investment policies and goals. .. ... 8. A regulation relating to variable rate debentures be developed to specify that(1) only municipalities having a double "AA" minus credit rating status can issue such debentures in prescribed currencies (2) the total amount of such debentures should not exceed 15% of total gross debt at anytime (3) indices to be used as basis for variable rate issues are the bankers' acceptance rate and the London Inter Bank Offer Rate (LffiOR) (4) municipalities must enter into financial agreements (hedging) which would fix the interest rate within one year after the variable rate debenture was issued (5) once a rate has been fixed through a hedge, it is not allowed to undertake subsequent hedges for the same transaction (6) hedges are limited to interest rates only and not the principal portion and (7) the treasurer shall at least prepare and present to council detailed quarterly reports on each hedged and unhedged variable rate debenture issue. .. .. .. - .. 6 - - IlIII schedule 8-95 of sept.17/96 - - IIIIlIi IV. PENSIONS. .. The OMERS Act be amended to: Revise the definition of"emp\oyer" to: IlIII 1. Clarify that municipalities and local boards are automatically employers for the purposes of the Act. .. 2. Allow the OMERS Board instead of Cabinet to designate associations of Municipalities. Local Boards or their officials or Employees for the purposes of the Act. .. 3. Allow the minister by regulation to amend the cabinet regulation to the exteiit necessary to bring the plan into compliance with the Income Tax Act (rIA) and the Pensions Benefits Act (P .A.) from time to time. .. 4. Create regulation authority to allow the OMERS Board to provide annually for indexing of Pension Benefits to a prescribed extent. . .. 5. Make housekeeping changes. (For example change the Pension Benefits Act to comply with the lncome Tax Act). .. IlIII The oMERS Regulations be amended to: 6. Pennit the transfer of assets from OMERS to private sector plans. ... 7. Allow the minister by regulation to amend the cabinet regulation to bring the latter into compliance with the PBA and the IT A. ... 8. Make housekeeping changes to bring the oMERS Plan into compliance with the IT A and P.A. and clarify wording and authority including authority to provide ad hoc indexing of benefits on a year by year basis to bring indexing up to a nW\inum> of 100% ofepI. .. IlIII 9. The OMERS BoardjlOl be allowed to make final decision on benefits, supplementary or otherwise at this time. IlIII - ... 7 IlIII .. Schedule 8-96 of sept.17/96 - - v. MUNlCIPALLIABILITY 1. Nuisance Liability - That municipalities and their Public Utility Commissions be provided immunity from liability resulting from nuisances that are caused by the failure of municipal sewer and - water systems. 2. loint and Several Liability - That the existing framework of joint and several liability under the Negligence Act be - replaced by a new process which would reallocate the share of liability of any defendant that is unable to pay his or her share (ie. Insolvent, carry inadequate insurance, or untraceable). to all remaining defendants and the plaintiff (if found to be partially at - fault), according to their relative shares of fault. That payments be limited to two times the liability. - 3. Negligence Liability for Statutory Duties That current statutory duties requiring municipalities to maintain roads, bridges and - sidewalks, to maintain property in a condition that is safe for occupants and to inspect the construction of buildings be maintained. III That existing common law protections from liability arising from the perfofmance of these statutory duties by municipalities be codified in legislation. III 4. Negligence Liability for Discretionary Functions - That existing common law protections from liability arising from municipalities' performance or failure to perform discretionary functions be codified in legislation. III VL PROVINCIAL OFFENCES ACT , - 1. That the Government make an announcement in the near future of its intention to give further authority to local government for administration and prosecution of the Provincial Offences Act. - - - 8 - - Schedule 8-97 of Sept.l7/96 .. August 14, 1996 .. The Honourable AI Leach Minister of Municipal Affairs and Housing 17th F1oor, 777 Bay Street Toronto, ON M5G 2ES ... ... Dear Minister. ... Re: Status Report of the Transportation and Utilities Sub-panel .. Since our last update on the activities of the Who Does What Sub-panel on Transportation and Utilities, we have had an opportunity to considerlissues relating to environmental approvals and community transportation. We are pleased now to provide you with a progress report on the activities of the sub-panel. .. The sub-panel has had detailed discussions on the current activities of the Ministry of Environment and Energy pertaining to environmental approvals refonn and the inspection and approval of septic tanks under Part vm of the Environmental Protection Act. Both of these areas are illustrative of the need to cWify who does what and to redefine the provincial role in a way that continues to address broader health and environmental quality considerations, but that at the same time provides municipalities with a greater degree of involvement and influence in areas that directly affect community standards. ... ... ... The sub-panel has also discussed some innovative ideas for new initiatives in support of community transportation with the Ministry of Transportation. ... ENVIRONMENTAL APPROVALS REFORM ... Tbe Ministry of the Environment typically issues over 8,500 approvals under the Environmental Protection Act and the Ontario Water Resources Actevery year. Tbese approvals range from expansions to major industrial facilities to exhaust fans in restaurants, and under the current legisIation the steps in the process for all applications regardless of their nature are the same. In some cases, reviews are done by municipalities and subsequently formally approved by the province. In others, the province does the review itself. On the whole, the line between provincial and municipal interest across the entire range of environmental approvals has become indistinct. Clearly, there is room to reduce this volume of activity and manage approvals in a more efficient way. ... ... - ... As you are aware, the Ministry has embarked on a process to more clearly delineate municipal and provincial roles in environmental approvals. To this end, the Minister of Environment and Energy introduced legislation, Bill 57, "The .. .. ... .. - - - - - - - - - . - . .. - - - - - - - schedule 8-98 of sept.17/96 2 Environmental Approvals Improvement Act," in June of this year. This Bill proposes to amend the Environmental Protection Act and the Ontario Water Resources Act to allow the province to exempt certain activities from the environmental approvals process subject to conditions and to establish a regulation called a Standardized Approval Regulation to streamline approvals for certain other activities. The Ministry has indicated that it is embarking on a consultation over the summer to get advice on the types of activities that would be candidates for a Standardized Approval Regulation. The sub-panel supports efforts to streamline the environmental approvals process. Such efforts will eliminate time-consuming and costly reviews undertaken by both levels of government. We would urge that the Ministry aggressively pursue the development of proposed candidates for Standardized Approval Regulations, consult with municipalities and other key stakeholders, and return to the sub-panel with a series of recommendations. Further, the sub-panel recommends that: . If a municipality does not currently approve an activity covered by a Standardized Approval Regulation. then it should not have to do so in the future. If an activity currently requires a municipal approval (e.g., planning. building pennit), municipal concurrence should be required for the activity under a Standardized Approval Regulation. Direct provincial involvement in approvals. should be limited to those activities with potentially significant environmental implications or that have broader regional impact. PART vm _ ENVIRONMENTAL PROTECI10N ACf: SEPTIC TANKS The Environmental Protection Act requires that every new subsurface sewage system - most commonly septic tanks and tDe beds - installed or being altered in Ontario must be inspected and a Certificate of Approval issued. Approximately 22,000 Certificates of Approval are issued each year. While this is currently the responsibility of the Ministry of Environment and Energy, the actual inspections and approvals are carried out under agreements in most cases by local health units and in some cases by conservation authorities. Part of the cost of these inspections is borne by the applicant through fees. and part is subsidized by the province through transfer payments to local delivery agents. The average cost to inspect and approve a septic system in Ontario is Schedule 8-99 of Sept.l7/96 .. 3 ... approximately $400; the average fee chMged to applicants is approximately $150. While local delivery agents have the ability to charge higher fees, they have been reluctant in part due to the perceived negative reaction of consumers, but also because of the availability of provincial funding, averaging over $S million every year. to offset any deficit. In effect, Ontario taxpayers have been subsidizing the inspection and approval of most new septic tanks. ... ... The sub-panel agrees that the use of septic tanks as a means of treating sewage is a municipal matter. and views the inspection and approval oflocaJ subsurface sewage treatment systems to be a municipal responsibility. However, there is a broader provincial interest in ensuring lI1ininuun health and enviro~.~ta1 quality standards, monitoring the quality of the overall environment. and in;psuring a consistent quality of septic system installation across the province. .. ... ... Therefore. the sub-panel recommends that: . Provincial funding to subsidize the cost of septic system inspections be terminated. ... . Municipalities have the mandatory responsibility for septic tank inspection and approvals, and have the authority to determine the most appropriate local delivery model - ... . The decisions- on fees for these services be made at the municipal level, although the sub-panel supports the concept of full cost recovery. ... . The province continue to be responsible for the licensing and certification of septic system installers. ... The sub-panel feels that this approach wiD position the accountability for the inspection oflocal sewage treatment systems at the municipal leveJ"JlIhile at the same time moving to a system in which the applicants who use the service are paying the full cost of providing that service. This wiD reduce the cost to both levels of govenunents, and encourage efficiencies in the deliveJY of inspection services. The provincial interest remains in ensuring the appropriate standards and policies for water treatment are in place and enforced to UUlirrtain the environmental quality that Ontarians have enjoyed and deserve. ... ... ... The sub-panel understands that this would represent the first time that the Ministry of Environment and Energy specifically required that municipalities be made responsible for the delivery of a provincial environmental approval activity. The sub-panel thinks that in this case, it is entirely appropriate and consistent with similar inspection and approval activity such as inspections involving new ... ... ... .. Schedule 8-100 of Sept.17/96 ... ... 4 ... construction currently done by municipalities under the Building Code. In fact, the sub-panel feels that municipalities may realize significant efficiencies if they chose to combine septic tank inspections and approvals with other municipal inspections and approvals. - ... We understand that the Ministry of Environment and Energy will come forward with a detailed submission, based on these recommendations, for Cabinet's consideration this fall. . - The sub-panel is also aware that different parts of the province have varying circumstances and needs. In the unorgllni7.ed areas of North em Ontario, where there is currently no local government authority to assume this responsibility, there will need to be special consideration to provide for a gradual phase-in, or alternative arrangements with existing authorities to maintain this service. The sub-panel recommends that as part of its submission the Ministry identify options for the continued provision of septic inspection services in the unorganized regions of Northern Ontario. - - - COMl\WN1TY TRANS PO RTA nON ... The sub-panel has reviewed the Community Transportation Action (CTAP) Program of the Ministry of Transportation. M you know, this initiative has been' proposed by MTO to assist communities to coordinate and integrate their transportation services (school buses, public transit, disabled transit, ambulances etc.) to achieve greater efficiency and improved service. The sub-panel endorses CT AP and recommends that the province bring forward any legislative changes required to remove the statutory and regulatory impediments preventing the development of coordinated and integrated community transportation services. The sub-panel is convinced that implementation of community transportation will lead to significant savings. increased flexibility and responsiveness of transportation services to the needs of individual communities. ... - ... - OTHER AcrIVITY - The sub-panel has also developed preliminary views on the broader issue of the provision of sewer and water services that will benefit from further discussion with the Ministry of Environment and Energy and possibly other stakeholders. M with septic tank systems, the sub-panel views the treatment of water and sewage as primarily a municipal responsibility. However, it will be important to consider the implications of such an approach particularly for smaller and rural municipalities. The sub-panel will report to you on this issue early this fall. - ... - ... . . Schedule 8-101 of Sept.17/96 IlIlIIi We have also scheduled detailed discussions on the broader issues of transportation. including municipal transit, GO transit, provincial highways and ferry services in August. Again we hope to have recommenda . os in the fall. ~~ David Crombie Chair Who Does What Panel cc: Who Does What Panel s IlIlIIi IlIlIIi IlIlIIi .. Walliam F. Bell Chair ' ',', Transportation and Utilities Sub-panel IlIlIIi .. .. - .. IlIlIIi .. .. ~'''', .. ... .. ... ... ... - - - - - - - - - - - - - - - CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DA TE: FILE: S.R.: Schedule 8-102 of Sept.17/96 September 11, 1996 _ 4063-96 A......KUVI!.U 1St' L:.A.O~ MEMO TO: The Chairman and Members CLOCA Board of Directors FROM: l.R. Powell, Chief Administrative Officer SUBJECT: 1996 SUMMER STUDENT PROGRAMS Reference is made to the attached news release for background - following are details on a number of specific projects. 1. Project: Erosion and Stream Impact Assessment Seven (7) students were employed under the Environmental Youth Corps Program, receiving funding from the Ministry of Natural Resources, for two projects. The first was the Erosion Survey and Erosion Controll\fonitoring Project (employing 3 students), and the second the Stream Impact Assessment Agricultural Project (employing 4 students). Each program had an established length of 8 weeks. (a) Erosion Survey and Erosion Control Monitoring Project Although the requested length of the project was cut in half, the three member crew was still able to complete the surveys of existing erosion monitoring stations along Lake Ontario (10 stations), and local area watercourses (16 stations). Station markers were established/re-established where necessary, and the information gathered was compiled in a computer database. As part of the Authority's continuing contribution toward the Oshawa Second Marsh Rehabilitation Project, a detailed survey of the western outlet was carried out and a drawing prepared (digital format available). This will assist in monitoring the dynamic status of the outlet from year to year. As part of the monitoring program for previously completed erosion control projects, visual and photographic inspections were undertaken for selected sites, and evaluation forms completed. Separate reports were prepared for each area of review. (b) Stream Impact Assessment Agricultural Project This project was established to monitor the status of local streams passing through agricultural operations, and to identify potential sites for or in need of future restoration. The project builds from - a similar program initiated in the summer of 1995 on the BowmanviIIe and Soper Creeks. - - - cont'd......2 S.R. 4063-96 Schedule 8-103 of Sept.17/96 .. September 11, 1996 Page 2 .. The project targeted Lynde Creek in Whitby for evaluation, and examined sites from Highway 2 in the south to the 8th Concession of Whitby and Pickering in the north (37 sites). An evaluation scoresheet which can be applied across the CLOCA jurisdiction was prepared, and utilized for each of the 37 sites, with photographic records being taken at selected sites. The scoresheet and results of this investigation were compiled in a computer database. .. A detailed report outlining agricultural stream impacts (based upon a detailed literature review) and the results of the evaluations undertaken was prepared. .. 2. Project: Aquatic Habitat Data Collection llIIi Duration: 15 weeks llIIi Number of Students: 2 Project Description: Students were responsible for the collection of water quality and fisheries data. The students participated in a I-week training course in Dorset, sponsored by the Ministry of Natural Resources. .. .. 3. Project: Natural Areas Assessment 'Duration: 8 weeks .., Number of Students: 4 .. Students conducted an inventory of all flora and fauna found in 16 forested areas within the CLOCA watershed. More specifically, inventoried areas were located within the 3D-year development band taken from the regional official plan. .. The information was then translated into report form, complete with mapping. The information is also stored on a database which we can add to in the future. The data collected will be useful in the construction of a Natural Heritage System. .. .. 4. Project: Fill Line Technicians. Duration: 7 weeks .. Number of Students: 2 ... The two fill line technicians assisted in assembling some of the required topographic base mapping for the Authority's Proposed Regulatory Fill Line Project. The students reviewed the available base mapping and identified areas of hazard that the proposed fill line would encompass. A draft regulatory fill line was plotted on all available base mapping, being mainly the Lake Ontario shoreline and the Bowmanville. Courtice and Hampton areas. .. .. cont'd...... .3 .. III - - - - - - S.R. 4063-96 Schedule 8-104 of Sept.17/96 September II, 1996 Page 3 5. Project: Bowmanville Creek Fluvial Geomo,"phologic Study Duration: 8 weeks Number of Students: 3 Three (3) students spent the summer (8 weeks) preparing the initial background information for a fluvial geomorphologic study of Bowmanville Creek. This study is to predict the final configuration of Bowmanville Creek subsequent to the failure of the Vanstone dam. Students surveyed sections and conducted pebble counts on the creek between Jackman Road and the C.N.R. tracks. They also, as part of the study, began the initial data manipulations of sampled results. This study is to assist developers, existing landowners experiencing trouble because of the failure and the Municipality of Clarington and CLOCA in making decisions on the Bowmanville Creek and its erosion problems. - 6. 10 Summer Students Participate in Environmental Programs - - - - - - - - - - - - The Community Relations Department hired a total of 10 summer students through the Environmental Youth Corp. (E. Y.C.) and Summer Experience Program. Two students from the E. Y.C. ran the Environmental Education 96 program that organized public events, designed promotional displays, environmental talks and assisted with school education programs. Eight students (2 - S.E.P., 6 _ E. Y.C.) were hired as councillors for the Earth Keepers Environmental Day Camp. The camp saw an increase of more than 80 children from 1995 with many children returning for 1996. The councillors organized environmental activities for the children with various themes such as water, insects, nature exploring and more. All of the summer programs focused on promoting the Authority's theme of healthy watersheds. 7. Conservation Areas Number of students: 11 Duration: 8 weeks Employed in the operations and maintenance of the various conservation areas with particular emphasis on those receiving heavier summer use by the public. RECOJ\;ThfENDA TION: THAT Staff Report #4063-96 be received for information and filed. JRP Ikl t Attachment Schedule 8-105 of Sept.17/96 News Release - Central Lake Ontario Conservation Authority 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3, (905) 579-0411, fax (905) 579-0994 .. .. Issue Date: July 31, 1996 Release Date: July 31, 1996 - - 43 Summer Students Gain Job Experience at CLOCA - Finding rare species of flowers, helping kids and adults discover the wonders of nature, assessing the health of the streams and erosion! flood protection are just a few of ~.~ duties summer students are perfonning at the Central Lake Ontario Conservation Authority. The 43 students have been hired through various employment programs such as Environmental Youth Corp (EYC), and Ontario Summer Jobs. Positions include, Environmental Day Camp Counsellors, Environmental Educators, Aquaticl Natural Areas Assessment and Erosion! Flooding Control Monitoring. "It is great being able to apply our education to practical situations, It states Shawn McDennott, Aquatjc Assessment Program. Shawn is attending Sault Ste Marie College. The Natural Areas Assessment Crew documents the flora and fauna of an area for Authority records and have to date documented three regionally rare plants: Small Yellow Ladies Slipper, Maiden Hair Fern and Showy Orchis. "After walking through the area without fmding anything significant, discovering a rare plant makes the day seem all worthwhile," notes Jody Van Schaik, University of Waterloo student. All 43 students also participated in a Summer Safety Day which included such topics as first aid, rabies, fire extinguishers, accident prevention and more. .. - .. WI .. .. .. "All of the summer programs relate to the Conservation Authority's theme and focus of 'Healthy Watersheds'," states Gord Geissberger Community Relations Officer for CLOCA. "A healthy watershed benefits everyone by giving us clean drinking water, flood! erosion protection and passive recreation (fishing, hiking etc.)." At the conclusion of the summer the students will have obtained marketable job skills along with knowing they have helped to maintain and protect 'Healthy Watersheds' in Durham Region. ... .. ... Note: Photographs are available to accompany this article at the Authority office or arrallgem~nts may be made to take photos of summer staff by contacting Gord Geissberger at the Authority (905) 579-0411. .. .. ... Working In partnership with the community for healthy watersheds. - - DATE: FILE: S.R. : Schedule 8-106 of Sept.17/96 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY September 9, 1996 - 4069-96 APPROVED BY C.A.O.~ MEMO TO: The Chairman and Members of the Authority - FROM: J. R. Powell, Chief Administrative Officer - SUBJECT: Natural Environment Technical Advisory Group The following is an excerpt from the CLOCA Executive committee minutes of June 13, 1996: - "Long Sault Conservation Area Inventory - Saturday. June 8th. 1996 - In connection with the inventory carried out by a group of volunteer naturalists (Le., foresters, flora and fauna specialists, etc.) at the Long Sault Conservation Area on June 8th, and given that a copy of their report will be forwarded to the Authority, I. Harrell expressed he sees this as an opportunity in future for t.he Authority to tie in/co-operate with their expertise. The Chairman requested I. Harrell to follow up with the specialists and liaise with Authority staff, noting staff are to contact I. Harrell." - - - A series of discussions have been held over the summer period involving the following people: Irv Harrell Dale Hoy Brian Henshaw Russ Powell - The object of these discussions was to develop a format whereby members of the community with special knowledge of natural environment matters could share that expertise with CLOCA. Two areas where CLOCA requires such expertise are as follows: . .' 1. Development of a G.I.S. database to support the natural heritage policy framework that must be put in place as part of our planning partnership memorandum with Durham Region. 2. Development of updated management plans for the variOllS conservation areas that recognize and ., protect the natural environment features of these lands. "I In the case of the G.I.S. database, this will be a work-in-progress for the foreseeable future with input drawn from a host of agencies and individuals, including the natural environment community. Many of those input linkages are already established, or will be as circumstances warrant. There does not appear to .., be a need at this time to formalize arrangements beyond what already exists. In the case of conservation areas management plans, it is proposed to initiate a pilot project involving the ., Long Sault Conservation Area. This will provide an opportunity for CLOCA and the naturalist community to develop an ongoing working relationship, provide input to a high priority CLOCA planning exercise where the naturalist community already has a substantial database, and evolve a model for future and, ., hopefully, more broadly based mutual endeavours. .. cont'd.....2 ., Schedule 8-107 of Sept.17/96 S.R. #4069-96 .. September 9, 1996 RECOMMENDA TION: .. THAT the Central Lake Ontario Conservation Authority Board of Directors approve establishment of .. a Natural Environment Technical Advisory Group to assist in the development of an updated master plan for the Long Sault Conservation A.'ea with initial membership as follows: Natur'alist Community: Dale Hoy Brian Henshaw IlIIIIl CWCA Board of Directors: Irv Harrell .. CWCA Staff: Russ Powell .. .. .. ... ... ... ... ... ... ... .. JRP/ms ... ... .. - COUNCIL illNFORMATION I -2( - - THE CORPORATION OF - THE TOWNSHIP OF BROCK IN THE REGIONAL MUNICIPALITY OF DURHAM - September 25, 1996 - - The onourable A. Palladini Minis er of Transportation 3rd Fl or, Ferguson Block 77 Well sley Street West Toronto, ntario M7A 128 - - Dear Sir: Re: Potential Abandonment of Rail Corridors in the GTA - - Please find enclosed correspondence relating to the potential abandonment of rail corridors in the GTA as received from the Municipality of Clarington. ), - Upon discussion of this matter, I wish to advise that the Town- ship of Brock Council adopted a resolution supporting the report prepared by the Region of Durham in this regard. .- The foregoing and attached is provided for your information and action. Yours truly, - George S. Graham, AMCT, CMC Clerk-Administrator GSG:SC enc l. cc: Municipality of Clarington \/ . ______.._"u c~ :,~~~~~~j T I Oi~ -I! 1 "'\ S 'f ~ .__...._.~-_..._-- t ~l Ti):.. ~ _,~~__",_,_,~._. ___..._...._~4~ ~'-~) . ~~~.. ,.:- ..~ ;<-> i i - . .....,- ---i I I -"-~---1 , \ l r ....,---] i"Z:)D ..A --[:-------- I (7051432'~~8i.. (76~)426~~~:_==J - THE TOWNSHIP OF BROCK - - - 38 LAIOLAW ST. S.. P.O. BOX 10. CANNINGTON. ONTARIO LOE 1 EO - .. Registered aUice: v. R. R. S. 6713rabner Fo1kestonc Kent England CT 19 6 LP fl J 0 COUNC I L,tI,NFORMA T I ON , VEtErz,an1- d\ ECOf}nL LOn and - Tel/Fax: ( 01303 ) 259430 cR EmEmbrr-anCE ~Err-(JiCE1- - .. 1[" ."...- -'-~":j) lo'~ 29 Se tember 1996 . U1STRHHITIGH OGlmUAL: mu _, t" ,...., ....f}ll\lGTO ----.- t\:\...,......,.).'\'. ;', f)," \'JLf\l.u4 cr ..-. \';i..-,-.:fl.,. {, ,_, I I ",. ___- \ fIN~\NCE Cc: II e~plil!. :~~I~~~JP~1~i- " .~ }, i~~\~'~:;'.~l~:~- 1 ....J I......... ~~.._-- OC.l - 8tSSJ .. Nancy Taylor Deputy Treasurer Municipality of Clarington 40 Temperance Street Bowmanville Ontario LIC 3A6 CANADA .. - \ n - Dear Ms Taylor, - On behalf of the Canadian Committee, Volunteers and I, a sincere thank you to the officials at your Municipality who have decided to sponsor one of our visits. - At this time we are preparing our schedules for visits due to take place during the month of November 1996. - On completion of the visit you will have sponsored, I will write to you and inform you of the date and location. Once ~aain thank you for helping us in our work. .. - Yours truly, ...-----.. 'f-; : .,~:~ ;'. ~:\ ~ E~ lJ -r i 0 f'i i - - ~ ".', ----..--..- 1 - .---...-...... - Pat Tierney, QPC, 0 Chairperson ( Canadian mmittee ) - - /111. . O' '/ lr;it-.--....~~. '/ll.!;. -., - .' - .. =I~ ~~ 1+1 ~ idIH II ..~!!!"::;; . y .. . - ~~ ..~... COUNCIL INFORMATION 1-22 - OCT 7 2 07 PM '96 - Department of Corporate Services Janice M. Baker, CA. Commissioner 50 Centre Street South Oshawa, Ontario, L 1 H 3Z7 Tel (905) 725-7351 Fax (905) 436-5689 - File A-2511 - October 2, 1996 - - Patti L. Barrie, A.M.C.T. Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 - - Re: Clarington Official Plan - Your File: D25.CL - Thank. you for your letter of September 25, 1996, outlining your position on these matters. - All members of City Council will be advised of your request for support. Any Councillor may request the items be placed in the council agenda for discussion and consideration. - The City of Oshawa makes its position on given subjects know through the appropriate Municipal association or directly to the government involved. - Thank. you for taking the time to express your concerns and views. - D\~~TF\ISUTfON ; j (:l.Ef~t( i -_.. ...--.-.-----.."-- t - .~\ <::-..,. i< ":' Brc-nda Brown City Clerk's Branch - c Councillors' Office :6~ - - - - .- .- .. . 1- ~. ~ -. . ._--,.- - - ...-/: - bb .' . _.:----~..._-----., .+.-_.._...~: - @ - 'O,~5: CL .. .. .. .. The Regional Municipality of Durham. .. Clerk's Department 605 Rossland. Rd. East .' P.O. Box 623 .. Whitby, Ontario Canada L 1 N 6A3' . (905)668-7711. Fax: (905).668-9963 .. C. W. Lund)fkM.c.T. Regional Clerk .. - - - .. - - ..' .. .. .. .. COUijCIL INFORMATION 1-23 . OCT 7 2. 08 PH '96 October 2, 1996 Mrs. patti L. Barrie Clerk Municipality of Cia ring ton 40 Temperance Street . . ~owmanville, Ontario. L1C 3A6 . . ., Alteration of Ward Bo~ndaries -'Municipality of Clarington. Our File: C05-2 .. Mrs. Barri.e, the cOpy of your 1.~tterYouprovidedto.me.dated.August 28, 1996.to the Honourable A. Leach, Minister of Municipal Affairs and Housing with respect to the ~bove matter was presen~edto .and receiyed . for' information by Regional..Council on Septe.mba.r 25,.1996. . -e- ~ ~... C.W. Lundy, A.M:Q.T. Regrona~ Clerk --.;.;-----.-1~ ' '\~-.~~~S.TR~8UTIC}N .~ CL,.RV\ ___ . .~- , , '" .,.., 0\' . \ )\i.,h, c" ,_","__-'-"_--'-\ . ; ,',," 1('\\ '..' '-f.. _ ' I ;"/.",'''.-1 ,V" -...-------1 oJ""'- ".. . ....-...- " . '1.~ ~:-:--:~-_: -i-'~. l~ ~ ,.. .... .....-":".-. -.., -- ~- .,.' . , . . . ;- -- .. .,.'" - ,- . . ~\.._~==.~-~ ; ..--------1 CWUdb : --_._-_.~ \ .\:____._c......_ ..,. - .' '; --':-':'[t1?~--"~l . !~!.,~::~~_.~~7~;)~~.;t @ . 'A/ 100% Post Consumer .. COUNCIL INFORMATION 1-24 1996-10-04 OCT 7 2 05 PH '96 ~.l Consumers Gas .. .. 500 Consumers Road North York, Ontario M2J 1 P8 - MS PATTI BARRIE CLERK MUNICIPALITY OF CLARINGTON 40 TEMPERANCE ST BOWMANVILLE ON L 1C 3A6 Mailing Address: PO BOX 650 SCARBOROUGH ON M1 K 5E3 .. Dear MS BARRIE: .. Lately, you've been hearing more about Urban Air Quality concerns, and how transportation is responsible for a large percentage of all air pollutants. You may also be aware of the actions of different governments to combat these problems with such initiatives as the Clean Cities Corridor from Detroit to Toronto, the Blue Ribbon Committee, ar.~ the Federal Government Bills S - 7 and C-38, mandating and promoting the use of environmentally friendly fuels such as Natural Gas within the federal, provincial, and municipal fleets. .. .. For more than 10 years, Consumers Gas has been involved in the promotion and development of Natural Gas as a transportation fuel. Now, with the inclusion of factory produced Natural Gas Powered vehicles from Ford, G.M. and Chrysler, we would like you to be aware of what Natural Gas For Vehicles can do for you, today! - CLEAN - Natural Gas combustion is more complete, so it produces- significantly lE:sS emissions than gasoline or diesel. Vehicles operating on Natural Gas playa major role in reducing air pollution. Customers report better oil life, fewer maintenance requirements and extended engifle life in their vehicles. .. SAFE - By virtue of its perfect safety record Natural Gas is the safest motor vehicle fuel on the road today. One contributing factor is that Natural Gas is lighter than air so in the unlikely event of an escape of gas, it rises and dissipates harmlessly into the atmosphere, unlike propane and gasoline which are liquids that will "pool" as they are heavier than air .. - ECONOMICAL - Fueling with Natural Gas is up to 40% less expensive than gasoline, plus there are Grants and Rebates available on the installation of natural gas or purchase of a Natural Gas Vehicle. Consumers Gas will assist you in maximizing what's available to your fleet. .. In todav"s world of budget cuts, where "doing more with less" seems to be the Golden Rule, Consumers Gas' customers (include fleets such as Natural Resources Canada, City of Etobicoke, Atripco couriers, Aerofleet Limo's anrl Elta gas to name but a few), are addressing the environmental agenda while improving "their bottom line" at the same time. We welcome the opportunity to explain our programs and answer your questions. If you'd like to know more about our municipal sales incentives, please call myself or Mike McDonnell at (416) 495-5916. We'll be glad to heIP.~:~:, l~.:' ~~ Rl-Bl~IT'I'O'~T-" - - Yours tr:..:ly . ~.! :- ;,' !'; -i 0, ,:'( - / -~/~" --<-':.' ~/) ;..7/ --- //~ ~ I."".:,,",'. ,,".,: _ _' _ ..'-/:' ;-?(. ; - -- -~p-- - Mr. Bruce Manwaring NGV Large Flee! Sales Supervisor - 8M/Ie sngv(Oo-:', xls)/OO:" 281 @ /1 /_ /) 1/ """"' ~. - 18/81/96 22:28:13 EST; ASSOCIATION OF?-) 90S 623 1169 CLERK-CIarington Nun Page 80Z OCT-04-'96 16:35 ID:AMO TEL NO:4169297574 U859 P01 /J1tJ~.CE ~ - Municipal 1-25 - AA.~Atd. - 250 Bloor st. E.. Suite 701 Toronto. ON M4W 1E6 Tel: (416) 929-7573 . Fax: (416) 929-7574 Emall: amo@emo.munlcom.com - For Immediate attention Crombie Panel Releases Recommendations on Fire Services - The Issue: The Crombie Panel today recommended to the Minister of Municipal Affairs and Housing that municipalities be given more control over tire services. - The Facts: On August 14th, Minister AI Leach, and the Chair of the Who Does What Panel, David Crombie announced the creation of an emergency services sub-panel to examine fire, police and ambulance services. Today, Mr. Crombie submitted a letter to the Minister regarding fire services based on advice received from this sutrpanel. This letter should be received by fax by all municipalities by the end oftaday. The following are highlights of the letter: - . . Municipalities need more authority and flexibility to manage fire services, detennine the level of service to be provided, and achieve cost-savings and efficiencies in service delivery while assuring that tire protection does not erode. Municipal govenment should deliver tire services, while the provincial government provides support. Fire prevention and public education should be a mandated municipal service. The Fire Marshal's Public Fire Safety Council and the Office of the Fire Marshal will support municipalities with guidelines and programs to meet the requirements of the legislation at no extra cost to the municipal sector. The extent to which municipalities inspect and institute fire safety public education programs will be detennined locally. These guidelines will be developed in conjunction with the stakeholder groups including AMO. A Public Fire Safety Council should be established to enhance private sector participation. For more effective management, municipalities should be allowed to create additional management positions consistent with the definitions and processes contained within the Labour RelationS Act. Legislation should pennit municipalities to enter into automatic aid agreements notwithstanding the "no contracting out" clauses in collective agreements. Automatic aid arrangements would dispatch the nearest fire crew rather than the nearest fire creW in the mUlJicipality where the fire is located. - . - Current Status: - These recommendations will be considered by the Provincial Government as they develop new fire legislation. The recommendations of the sub-panel support many past positions of AMO. The Association will continue to follow the issue and will respond to the Government following the release of new legislation. - For further infonnation contact: For transmission problems contact: Frances Pace, Policy Advisor at (416)929-7573 ext. 311 or bye-mail atfpace@amo.municom.com. Maria Pontes, Administrative Assistant at (416) 929-7573 ext. 326 or bye-mail atmpontes@amo.municom.com. - - - - - - - .. INFORMATION 1-26 OCT 7 2 05 PH f 96 .. Established in 1969 by the Church of Scientology 10 investigate and expose psychiatric violations of Human Rights CITIZENS COMMISSION ON HUMAN RIGHTS CANADIAN OFFICES: .. CCHR VANCOUVER 40 I West Hastings Vancouver. B.C. V6B ILS (800) 670-2247 .. .. CCHR EDMO!'\TON 10187 112th Stre.=t Edmonton. Alberta T5K IMI (403) 450-5624 .. .. CCHR OTTAWA 150 Rideau Street 2nd Floor Ottawa, Ontario KIN 5X6 (613) 230-5701 - .::...~ - .. CCHR MOJ',TREAL 4489, Rue Papi== Montreal. Qu€b.x: H2H 1 T7 (514) 527-8i66 .. - CCHR QUEBEC 350. SouL Ch:::= ::.s[ Quebec City. Qu.=-~..: GIK 3H5 (418) 524-4615 - - NOTE: Dear Sir/Madam, The enclosed booklet, "Creating Crime -- Psychiatry Eradicating Justice," was published by the Citizens Commission on Human Rights in the public interest to expose a previously hidden influence and cause of soaring crime rates, overcrowded prisons and courtrooms clogged with repeat offenders. It provides an in-depth look at how psychiatry has brought the justice system to the brink of disintegration. The results of which you see daily in our newspapers. For example this booklet answers why the "insanity defense" has turned us into a nation of victims. It looks at our education system and whether it has been teaching our children to be criminals. It tells why drug use is so widespread. This booklet answers these and many more questions. We trust that you will take the time to read this important information. It not only will detail how psychiatric influence has wreaked havoc upon our society, but will propose what needs to be done to correct a system which is failing its citizens. Please let me know your thoughts on this information and also if you would like to receive more information. ------~-- ---DI~;"n~i3UT10N i I.., ._____._ ! I "" "', _..-,._.~- I I'd" ="1 . \ .i....,.\. \), .__~.... ....____ ! I ! 1 \:i~!:~: ;\; ,;L 1~;~~._._..:::....=:_~=--::.~_; i~-~C~-~ ~ George A. Mentis Executive Director Booklet is on file in Clerk's Dept. - - - I \ .--' ..' -y=,~~=.~ j.. '- ,MOLlOc-'-'=-~\ 1 I 7 0 ff i l e ~. i n'2"7" C (j'iriz t r:; e s 669 Yonge Street; Suite 897, T.Qfonto;.Ontarlo M4Y 2A 7 Tel (416) 922-8447 Fax (416) 922-9354 Internet: http://www.cchr.org - COUNCIL INFORMATION - The Health & Social Services Committee of the Region of Durham - invites you to a - ... Public Meeting re: Ontario Works and 'Workfare' . 7:00 - 9:00 p.m. 16 Oct., 1996 - .. .. ... .. .. - - Cafeteria Henry St. High School 614 Henry St. Whitby .. - - Mayor T. Edwards Chair - - ~~,. / - If!J UU~ 1-27 -.-. ,'"-,, <IV;) ''<:J. blJ5 COMMISSIONER OFF All speakers will be allowed five minutes for their presentation so that we; may have enough time (or all presenters. For the: same reason, there will be no question and answer period, only time for a maximum of 24 speakers (12 and 12) in the two hours. Anyone wishing to make a presentation is asked to call Mrs. Cleary, Department of Social Services, 721-6T50. so that we have an indication of the number who wish to speak. We look forward to se:e:ing you and/or your representatives on the 16th. Yours in service, ~6- - ? R. A. Dancey, Director of Fa.mily Services. RAD:bc ~004 ... .. ... ... .... .... ... ... ... .... ... .... ... ... ... .. . II ~ J.. v, v.v tf 0 t'10 J...);":: { !<AX 905 i 21 61 J 5 - - - .. . The Regional MunicIpality . of Durham Dgp~rtmgnl of Social Services .. .. 850 King Street W. . Suite 20 Oshawa.Ontario Canada L1 J 8NS (905) 721.6150 Fax: (90S) 721~6135 - .. .. .. .. .. .. .. .. - - - - COllirrSSIONER OFF f4JOOJ Odobel' 2; 1996 RE: Pl\blic Meeting regarding Onttlrio ~orks .As you may be aware from the press, the. Region ofDurha~ has decided to hold a public .meeting 0J.1 the subject: of. Ontario Works. This new . . ptoJiram~le is generating discussion within 'thecom~unity", . This public ~eeting ~iH provide peopl~, including yo~ and your agency, the oppot'tunity to comment Qn the programme and to provide ~nput into [~e phnning p~q'cess. ' '. . '. Therefore, we are inviting you and/or YO'ur represe~tati.ves to ~ttend the meeting 1.6 October, 1996 . 7:00 - 9:00 p.m~ Cafeteria, . He~ry Street High School, 614 Henry Stre~t, "Whitby, .ontario. There. will be two microphones - one in. favour of .Omario Works arid one against On,tario Works. Sp~akers wili be s.ele~ted alternatively from each of the .rTlicr:ophones. . -..... (1) lOO'l6 f'liIlConau~ - HOUSE OF COMMONS ROOM 152 CONFEDERATION BUILDING OTTAWA. ONTARIO K I A OA6 (6131996-4758 ~ tI COUNCIL INF9RMATION 1-28 .. HOUSE OF COMMONS CANADA OCT 8 CONSTITUENCY OFFICE 40 CORK STREET EAST GUELPH, ONTARIO 3 NtH 2W8 13 PH '96 (519) 837.8276 -.. BRENDA CHAMBERLAIN, M.P. GUELPH - WELLINGTON .. October 3, 1996 .. .. Patti L. Barrie, A.M.C.T. Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIG 3A6 .. Dear Ms. Barrie: .. .. I thank you for your letter of September 18, 1996. I am grateful for the support of the Council of the Municipality of Clarington. .. You have joined the following municipalities in your support. Newfoundland: Town of Gander, Town of Labrador City, Town of Marystown. Nova Scotia: Municipality of Chester, Town of Truro, Town of Port Hawkesbury, Municipality of the District of Shelburne. New Brunswick: Town of Woodstock, Town of Sackville, Town of Dalhousie, Town of Quispamsis, Town of Sussex. Quebec: City of Beaconsfield. Ontario: City of Windsor, Town of Onaping Falls, Town of Walden, Township of Sandwich South, City of Etobicoke, Town of Rockland, Town of Wiarton, Village of St. Clair Beach, Town of Fort Frances, Township of Malden, Township of Red Lake, Town of Whitchurch-Stouffville, Regional Municipality of Durham, City of Guelph, Village of Arthur, Town of Port Hope. Manitoba: District of Lynn Lake. Saskatchewan: Town of Lanigan, Town of Biggar, City of Es~evan, Town of Leader, Town of Eston, City of Prince Albert. Alberta: Town of Cardston, Municipal District of Taber, Municipal District of Pincher Creek, Town of Brooks, Municipal District of Bonnyville, County of Newell, County of Leduc, Town of Peace River, City of Calgary, Town of Lacombe, Municipal District of Fairview, Municipal District of Opportunity, Municipal District of Cypress. British Columbia: Township of Esquimalt, Town of Comox, Village of Cache Creek, City of Abbotsford, Village of Telkwa, Village of Ashcr0ft, District of Mackenzie, District of Hudson's Hope, City of Quesr.21, Town of Creston, City of Trail, City of Cranbrook, Village of Kaslo, District of Logan Lake, District of Kitimat. Northwest Terri~ories: Town of Hay River. I have also heard from a number of - .. .. .. .. .. - . . . /2 - GUELPH-WELLlNGTON...A PROUD CANADIAN COMMUNITY - IlIIl ... -2- other Councils across Canada who are preparing to discuss the idea of a pledge, or oath, of allegiance to our flag, in the near future. IIIIlI Please extend my thanks to the members of Council. l1li I have received suggestions, letters, and telephone calls from over 1,500 Canadians from 210 communities from coast to coast. Many were very heart-warming. It is evident that we love our country, the greatest nation on earth, and we want to keep it united. ... IlIIl Once again, thank you for your support. ... Yours Sincerely, ~~~~ IIIIlI Brenda Chamberlain, M.P. Guelph-Wellington ... IIIIlI IIIIil I -. ~~:',;:: :.- !~-;-~;:~ ~~ ;.-) ~-:-. "1 ! \.j 1 7~~ ( ....: t ......., l.J : ~ '" ,\f ! ::~~;'~~::l=~:_~--::~ I :1,' \:: i....; I i~..'.'-_--".~"---".-.'..'c'21 -/::',' ) ;.. '.. .... ." _:._::'~41 ~ . I . .... ... .... ...- . ~- ~-'1 I . .-..._~~_.... i ;------, IIIIil IIIIil IlIIl .. . --.- ~.-._-- \ .. C' .!.l. 0 .le. .._Ll.!-._;.;;~:~:. .. III ... .. ONTARIO RESTAURANT ASSOCIATION COUNCIL INFORMATION ~ 1-29 - MEMBER DRIVEN... SERVICE FOCUSED... ONTARIO-WIDE - October 3, 1996 .. AGENDA lllIH(CIIiIIWlllIID OCT 7 1996 - Mayor Diane Hamre Municipality of Clarington 40 Temperance St. Bowmanville, Onto L 1 C 3A6 MUNiCIPALITY OF CLARINGTON ADMI~J1STRATOR'S OFFICE - Dear Mayor: - On behalf of the Ontario Restaurant Association (O.R.A.), I am pleased to be able to share with you the results of an Insight Canada Research public opinion survey on Metro Toronto residents attitudes regarding the City of Toronto's proposed prohibition on smoking in restaurants, bars and nightclubs. - .. The survey, commissioned by the Ontario Restaurant Association, the Ontario Hotel and Motel Association and the Hotel Employees and Restaurant Employees Union Local 75, was conducted in early September and included a sample size of 1,628 Metro Toronto residents. The survey results are accurate within plus or minus 5%, nineteen times out of twenty. .. A summary of the survey results are as follows: . 70% (7 out of 10) Metro residents feel that Toronto City Council "went too far in banning smoking in all bars, restaurants and nightclubs." This far exceeds the 27% who support Toronto's approach to a complete prohibition. .. .. . 94 % of smokers felt City Council went too far and even 62 % of non-smokers felt Council went too far. .. . 56% of respondents supported allowing the restaurateur to determine what smoking rules they wished in their establishment and to allow customers to make choices as to where they wish to go. .. . A strong 70% of respondents support a proposal brought forward by the Ontario Restaurant Association which would maintain the current 50/50 smoking and non- smoking ratios in Toronto's foodservice and hospitality establishments, but would require the owner/operator of the hospitality establishment to ensure that the overall air quality in the establishment achieved or exceeded the air quality required by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). .. .. - · Metro smokers would travel an average of 15 km to visit an establishment that did allow smoking. .. ./2 Head 0fftM: 121 Richmond Street West. Suite 1201. Toronto. Onurio M5H 2KI (-416) 359-0533 · Toll Free 1-800-668-8906. FAX (-416) 359.0531 - Region.; Eastern Grand Valley Holiday London Niagara Ottawa Skyway Toronto Windsor - DedICated CD !he growth of a rhnvlng. responsible. (~titJ...., and SUfW101 food"",,(~ ,nduWy In Ontnno * - 2 - m:J . Even more interesting is the importance residents place on this issue related to municipal politics and voting intentions. 52% of all respondents said the smoking prohibition issue was a very or the most important municipal election issue and among smokers, that level of interest increases to 69%. . 31 % of respondents stated that they would be much less likely to vote for a Councillor that voted in favour of a ban on smoking in restaurants and bars. This is contrasted with only 16 % who stated that they would be much more likely to vote for a Councillor that supported a ban. The O.R.A. believes the results of the survey support the hospitality industry's view that the public does not support the interventionist approach of prohibition which Toronto City Council has chosen to pursue and which eliminates "individual decisions and customer choice." We would be pleased to discuss any of the survey results with you. If you would like further information on the Insight Canada Research survey, or on the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASH RAE) air ventilation standard, please contact the Ontario Restaurant Association at (416) 359-0533. We sincerely hope that the survey is beneficial to you in any smoking control bylaw discussions that our occurring in your municipality or any future discussions. Paul Oliver President Enclosures ~ ...._--~.._--- I ---------- 1 D1S"'r:~lBUTrON --, I ;'l! ')U I -.'t....\., I '-------..------ , C I k I I MY :~"( i er s ...... ..__..J>...... .....~ 1"".' -".'_! L~i!ilg.~~~.~~_ TO: _.______.._"_ ! I ('(iOI": ,\---~"-'~----j .~9~-~~~i-r : i'~ . -'\-' -,_..~.€-- ,J . I (... .' ,...', 0' ',_ ..~ NOTE: Information available in the Department. i . ' r-........--~-....."' . .... .-.~..-4,..."....._....t.,....._..) 1-"''''''''5' j : , 00' . - -. --or. -_'..n__; . I'" 0 'Z3 .:2) ~ I 1.__.. !. _....:,.:.:. ,... ;..:...-(,_,.~"J.'''-'''.' ... .. ... ... ... ... .. .. ... ... ... ... ... ... ... . .. .. <L Please deliver to: MUNICIPALITY OF CLARINGTON - COUNCIL INFORMATION 1-30 - AGENDA . News Release Communique - October 4, 1996 - Panel recommends greater municioal control of fire services .. Municipalities should be given more authority and flexibility to manage fire services, set service levels and reduce costs, Who Does What panel chair David Crombie told the provincial government today. .. In a letter to Municipal Affairs and Housing Minister AI Leach, Crombie and Peter Meyboom, the chair of the Who Does What emergency services sub-panel, said new fire services legislation the government has promised this fall should: .. . give municipalities clear control of fire service delivery, with provincial support; shift the focus from expensive fire suppression to fire prevention by making fire prevention and public education mandatory municipal services; establish a Public Fire Safety Council to enhance private sector participation in fire prevention and public education initiatives; allow municipalities to create additional management positions to better manage fire services; permit municipalities to enter into automatic aid agreements that would allow the closest fire crew to respond to a fire, even if it were in a neighbouring municipality. . - . . .. . .. The panel recommended that the government help set up fire prevention and public education programs in the few municipalities that don't already have them. - The panel's letter said fire services will also be part of its future discussions on the integration of emergency services in Ontario. - The "Who Does What" panel was appointed May 30 to begin a complete overhaul of who does what in the delivery and funding of many government services. The goal is to ensure the very best service delivery by reducing waste, duplication and the over-all cost of government at the provincial and local government levels. .. Copies of the recommendations are available from the Ministry of Municipal Affairs and Housing's Customer Assistance Line at (416) 585-7041. .30 - D l<:;'i T;' ! ~3 '(:T-io"N "-1 .' }.... . . .1.4.. '>v-" ._.-.~.._--~- I .....--....--1 .. For more information, please contact: - - David Crombie Who Does What chair 314.9468 Sally Sheppard Who Does What Secretariat (416) 585-6900 Dainora Juoza~~vicius :.:':;:~::_; Who Does Wh~t ecretariat (416) 585-626 I Disponible en fran<;;ais - ..F'~ :v~ - ..\ .. I1c~,. Pi? IIIIiIIII This letter to the Minister of Municipal Affairs and Housing, from David Crombie Chair of the Who Does What p_anel and Peter Meyboom, Chair of the Emergency , Services sub-panel, was publicly released today. IIIIiIIII .. October 3, 1996 .. ... The Hoaourable AI Leach Minister ofMunidpal AfDin and Housing 17th Floor, Tn Bay Street Toronto,ON MSG 2ES . ... .. Dear Minister: Re: RI!lMmmfl!l\~om of me Sub-pllJ1~ on Emerteoc;y Services .. The Sub-pauel 011 Emergeocy Scrvi", bad . series of ~"8. to review isIueI dealing with fire, poUte IDd 8D'hlll~ services. We have focused our initial ~ 011 the area ottire senices and arc pleased to provide you with our recommend.~nos in this area. .. While fire prot=tion is not ~ory in this proviDce, it is clearly viewed by the 0Iltari0 public u an esseatial service. MwDcipl1 fire lICIVices are provided exclusively by lower-tier, or lOQl, mwlicipalitiea who provide a range ofm protection services includios fire inspection, suppraaioa, prevention and public; education. With the passage IDd ~"mM1nll orBW 26, the Savings IDd RcItructuriDg Act, on 1anuary 30, 1996 aod tbe reIatocI reguJatioaa on May 29, 1996, it became possible for munidpalities, at their diIc:retioll aDd initiative, to "migrate" fire ssvic:es to the COUDty or resioaallevcl. The ~paneJ believes munidpaUtieI need more IUthority and 1Jexibility to 11\II"llV' fire scrvkea, determiDe the level of service to be provided, IIId acbieve cost saviuga IDd ~ in ~cc delivery while emuring that fire protec:.tion does not erode. Tbere Ire IDIIIY opportulIiU.. to improve tho efIicieacy and COlt dFectiveneu of Ontario'. eatirc fire servica aystem while assuring the preservation or public safety. Our di~lWODa have IecI us to the ~Oll that responsa'bilitiea must be clarified, IDd banien that prcvcat IDLUJicipalitics &om e&ectively ~'P8 fire protectioa ..vices IDUIt be l'l1immlttd. 1bae.... consi-.m with the ovcnIl goa1a oftbc Who Doa What initiative. ... ... ... ... ... ... .. 1 III .. .. - FIRE SERnCEf - - The Sub-panel baa bad detailed discussions with staff' of the Ministry of Solicitor Genenl and Correctional. Servk.es on current propoaalJ to reform the Fire Services Legislation. These proposaIJ have been developed over the last five yem after extensive oonsultatioas with the varioua ttakebolden. The proposed monna would reduce the oveBII cost offire pr~ promote the involvement of the private sector, ensure an effective volunteer fire service. shift the focus from ~ve fire suppression to fire prevention and provide municipalitics with the needed t1cx:lDility to organize tire semcel. - . The SUb-panel supports the following principles for refonn offire servi(:eS legislation: a) Municipal govemment sbouJd deliver fire services. while the provindalSovemment provida support. - .. - b) Fare prevention and public educ~tiOD sboulcl be a mandaIed IIIUDicipal service. c) A Public File Safety Council sbouId be atabliabed to edhaDcc private sector participation. .. d) For more effective management, muaicipa1iuea should be allowed to create additional management positions consistent with tbe definitions and processes contained in the Labour Re1ationa Act. .. .. Where local governmentS do not currently have prevention and public edueation programs, we expect the Province to usilt in establishing tbcIe programs. During the diClt'l"ROO of tile proposed reforma to the Yo Semca LeiPsJ~ several iNUeI emerged which pW::e pressure on municipal budgetllDd iobibit local restrueturiog. The ooncems deal primarily with the "no contracting out" cJ"lJ~ in collective agreements. .. - These restrictive dl'l~ can prevent munidpalitiea &om entering into automatic aid arrangements with other ~)Dicipa1itiea. under which the nearest fire crew would be dispatched to a fire llCCDC, rather than the nearest fire crew in the municipality in which the fire iJ located. They prevent ~ ti'om reducitlg oosts u well u aeating the most efficient and effective tire services poaaibIe at the Joc:allevel. .. . The Sub-panel strongly reco~1 that legislation allow DJUDici.pa1itieI to enter into automatic aid agreementa notwitlWandiog the "no contracting out" (".l811- in collective agreements. .. .. - 2 - - - III The Sub-panel also had extenSive discuwona of a munlVl' of other signi&ult labour relatioDl iuua relItect to fire servicet. The iIIUIJI raiaecl in ~ with fire ~ dINe ill othet municipal teniceI aDd IhouIcI be reviewed in that broad<< ClOQtext. In ~Itio-\ the Sub--paaeI preICDU theM recomr--'-OOnl for the goverameml. ooDlideratioP. .. the Fire Servka AD. .~1'IUIIfIb are brought fOl'Wll'd this fall. We will bowev<<, revisit the discussioG of tire scmcea u part ofour future discu,Pooa on the intePoo ofemergaw;y ser\'iQeI. III .. .. ~~ .~ --- .. ~ D&Wl Crombie Cbldr Who Doa What Pmel Pet<< Meyboom Chair EmergeIM:y SerY"* Sub-pael .. .. cc: Who DoeI What Advisory Panel .. .. ... .. .. .. .. .. - 3 .. IIlIII .. - COUNCIL INFORMATION 1-31 - MINUTES OCT 8 3 13 PM '96 MUNICIPALITY OF CLARINGTON LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE SEPTEMBER 17, 1996 - Members Present: Janie Dodds Nancy Miller Peter Thorne Eleanor Magder Lynn Lovekin Diana Grandfield Mavis Carlton Bill Paterson James Vinson Councillor Ann Dreslinski - - Planning Staff: Isabel Little - Regrets: Linda Kiff, Tom Barrie, Simone George - Janie Dodds welcomed members back following the summer break. - A letter of resignation from Rob Nelson was received and read. - 96-31 Moved by Bill Paterson and seconded by Ann Dreslinski that Rob Nelson's resignation from tile LACAC Committee be accepted. - "CARRIED" - Thankyou notes were received from Noni Paterson and Lynn Lovekin. i'-"[-;;:;:;~!';'-I';';-'u--~r-~'(':;.'-;-'-:, !ll_J . ~..:J i _ ," ~:[ r-\-;~ ~_~ ..... Adoption of Minutes : 'lI',\ ~:y i r. ". l~. '.__....;.,.,.._........_...._..~___ - 96-32 J .,.'- - - Business Arising - Bowmanville Town Hall . " LJ-,'. ., --'r'-, -'-'- . nO! e,L. _ - Isabel Uttle reported that Council had approved designation of the Bowmanville Town Hall. - Orono Town Hall - Eleanor Magder reported that work on the stairs in the Orono Town Hall was completed - LACAC Minutes 17 September 1996 - Page 2 - III I11III and that they look wonderful. Two old brass matching lights were donated by the III Bowmanville Museum and these were being cleaned for use in the Hall. St. John's Church Bill Paterson indicated he would be making a final presentation to St. John's Advisory Board and hoped approval for designation would be recommended. Eldad Church Nancy Miller had spoken with a lady at Eldad Church who agreed to make some enquiries regarding moving plaque to outside of Church. Orono Fair LACAC members manning the table at the Fair in Orono felt it had been a worthwhile outing. Eleven (11) books were sold. The cost of the space was $26.75. Suggestions were made that our LACAC sign be mounted for clearer recognition of who we are and that the message of what we do as volunteers be stated in some way. The display raised interest in designation. Cambridqe LACAC Isabel had spoken with Valerie Spring who is a heritage planner. Valerie had explained where their capital amount of $93,000 had come from and indicated this amount had grown to $190,000 over the years. The interest from this fund is now given as grants to designated property owners for restoration work. Isabel was advised of a successful fund raiser and she will look into this matter and report back. Bv-Iaws Isabel advised that our governing By-law was approved by the Committee but final approval by Council will not occur until later in the year. Designations Requests have been received for the following designations: III .. ... .. .. ... .. III .. ... III .. .. .. IIIIi III - LACAC Minutes 17 September 1996 - Page 3 - - . 182 Church Street, Bowmanville - house next to St. Paul's United Church -owners Mr. and Mrs. Knox. - . 4478 Highway 115, Orono - Rhoden House built by G.M. Long, C. 1880. Mr. Long owned general store in Orono. House known to many as the Sisson house. - Mr. and Mrs. Massardo are the present owners. - 96-33 Moved by Ann Dreslinski, seconded by Mavis Carlton that 182 Church Street, Bowmanville and 44 78 Highway 115, Orono, be approved by LACAC for designation. - "CARRIED" - Bowmanville Book - Janie reported to LACAC members that completion of the book of Bowmanville Heritage houses was impossible prior to Christmas '96 and she felt if we are to produce a complete, accurate book the process cannot be rushed. - Diana gave a detailed report to members, a copy of which is attached to these minutes. - Diana requested funds for use in obtaining the help of Garfield Shaw. Mr. Shaw was one of the authors of liThe Way We Were" and has amassed much information and is willing to help where he can. Her request was for an amount up to $200. - 96-34 Motion by Diana Grandfield, seconded by Nancy Miller that 10 hours at $20.00 ($200.00) be approvedfor research work done by GaIjield Shaw. - "CARRIED" - Treasurers Report Eleanor gave the Treasurer's report. - 96-35 Moved by Eleanor Magder, seconded by Diana Grandfield that the Treasurer's report be approved. - "CARRIED" - Bills were presented to Eleanor Magder for payment. 96-36 Moved by Peter Thorne, seconded by Mavis Carlton that bills as presented by Diana Grandfield, Bill Paterson, Nancy Miller, Janie Dodds, and Phyllis Dewell (for research) be paid. - - "CARRIED" - LACAC Minutes 17 September 1996 . Page 4 . ... .. 96.37 Moved by Bill Paterson, seconded by Ann Dreslinski that the Treasurer redeem $1000.00 from LACAC GIC to cover the Bowmanville Book expenses. ... "CARRIED" .... Correspondence Conference in Toronto on February 14 and 15, 1997, with David Crombie. Looking at conservation in the past and the future. .. October 29th and November 26th - 5 lectures - Wellington County Museum, Fergus, Ontario. ... .. NEW BUSINESS Diana reported on: ... . Octagonal House - work is being done on the exterior without the prior approval of LACAC. She has investigated and stated work and improvements should be alright. Landlord lives in Port Hope. .. . Bowmanville Town Hall - difficult to get a good picture of the Town Hall due to light standard in front. She was advised that new lights were to be installed by BIA. .. .. . Newcastle Public School - We should take pictures inside and out for our records if we can do nothing to save it. .. . St. George's Church: Replacing roof .. 96.38 Moved by Diana Grandfield, seconded by Nancy Miller that LACAC approve replace existing asphalt shingled portion of St. George's Church roof on Mill Street with tin in charcoal colour. .. .., "CARRIED" Wall in front of Parish Hall .. 96.39 Moved by Ann Dreslinski, seconded by Peter Thome that the wall in front of the Parish hall be retained for the present time. .. "CARRIED" - .. - LACAC Minutes 17 September 1996 - Page 5 - - Discussion - Isabel will check designation By-law but if that particular wall is designated then the wall should be restored. If a whole new wall was going to replace the original the designation by-law would perhaps have to be changed. - .. The wall in front of the Church continues to heave and crack. Following discussion it was agreed that LACAC could not write a letter requesting the removal of the tree until someone verified in writing that it was the tree causing the problem rather than weather or other conditions. Ann Dreslinski recommended the Church contact Andy Gryg arborist with the Town, who might be prepared to give an opinion. .. - Motion to adjourn at 9:45 a.m. by Ann Dreslinski. - - - NEXT MEETING Newcastle Community Hall October 15, 1996 7:30 p.m. - - - - .. - .. .. - .. - COUNCIL INFORMATION 1-32 - OCT 8 3 13 PH '96 - THE CORPORATION OF - THE TOWNSHIP OF BROCK IN THE REGIONAL MUNICIPALITY OF DURHAM - - October 1, 1996 - - Ms. Patti Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIe 3A6 - Dear Ms. Barrie: - Re: Township of Brock Municipal Alcohol Policy - Enclosed for your information is a copy of the Township of Brock Municipal Alcohol Policy (MAP) which was adopted by the Township Parks & Recreation Committee on July 31, 1995, and implemented on March 1, 1996. - If any further information is required, please do not hesitate to contact the municipality. - Yours truly, ._.._b_., ... H___"~ .___ _. __ _ ___._.___ Dis'rRIBUT'ON t' ! THE TOWNSHIP - CMC . - I ~-_.:~!\ /' '1K 8\'" ....--.....-..-----1 IV,: . ' I '.__..__.______ I l I ~ D ~.." ,~,. '\ : '; n J !... . \ t ~ \. I \.l~ '_' :: ;"_..... _,+~~" ':'~__H~ _ . ~~.~ .:,::",__'.-,::,,_: !.'~;.\_~':~~ -.//,: --,~.-~-~ i - - :dC Enclosure - l I . ~-----_. ~ ---~; " - /I' _..p/,-~ I77D CJ. ~:}!i.---- ' 1 CAMERON ST. E., P.O. BOX 10, CANNINGTON, ONTARIO LOE 1EO (705) 432-2355 - - - THE CORPORATION OF THE TOWNSHIP OF BROCK - MUNICIPAL ALCOHOL POLICY - - - - - - - - - - - - Created by the Brock Township Municipal Alcohol Policy Advisory Committee - - July, 1995 - - - ACKNOWLEDGEMENTS - The Township of Brock Municipal Alcohol Policy Advisory Committee benefited from the professional advice and assistance provided by Suzin Shopiro-Jackson of the Addiction Research Foundation and Sandra Schmidt and Tracey Sale of the Durham Region Health Department. - - Detective Dean Campbell of the Durham Regional Police Services also provided valuable input in the initial stages of policy development, and a review of the final draft was done by Inspector Nancy Desjardine. - An expression of sincere appreciation is due to the Advisory Committee for their dedication and perseverance in completing the task of developing a Municipal Alcohol Policy for the Township of Brock. Their open and honest exchange of ideas, experiences and opinions made each meeting a valuable learning experience for all. - The Township of Brock Municipal Alcohol Policy Advisory Committee Members are: - Chairman Reg Starr Ward 3 Councillor, Township of Brock - Suzin-Shopiro Jackson Addiction Research Foundation Tracey Sale Durham Region Health Department - Alan Cameron Sunderland Lions Club - Adam Dobson Cannington & Area Historical Society, and Cannington Bluegrass Festival - Ian Gifford Dale MacLeish - David Moody - Glenda Swiderski - With special thanks to - Anne Collins Beaverton Lions Club Manager, Sunderland Memorial Arena Ward 2 Councillor, Township of Brock, and Beaverton Chamber of Commerce Cannington Lioness Club, and Cannington Minor Hockey Association Brock Township Municipal Alcohol Policy Advisory Committee Secretary - - - - .. THE CORPORATION OF THE TOWNSHIP OF BROCK .. MUNICIP AL ALCOHOL POLICY .. TABLE OF CONTENTS HISTORYIBACKGROUND ................................................. 1 .. LEGAL LIABILITY ....................................................... ii .. MISSION STATEMENT............ . ........... ............ ... . .. .. ....... . ii GOALS/OBJECTIVES ..................................................... iii .. A. AREAS/F ACILITIES ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS .... 1 ... B. AREAS/F ACILITIES NOT ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS ...................... 2 .. C. PROCEDURES FOR OUTDOOR SPECIAL OCCASION PERMIT HOLDERS ....... 3 ... D. YOUTH ADMISSION ................................................... 4 E. SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ... F. PROVISION OF FOOD AND LOWINO ALCOHOL BEVERAGES ................ 6 - G. SAFE TRANSPORTATION .............................................. 6 H. CONTROLS .......................................................... 7 .. 1) Special Occasion Permit ......................................... 7 .. 2) Supervisor's Responsibility ....................................... 7 3) Event Workers ................................................ 8 .. 4) Lists of Event Workers .......................................... 8 - 5) Ratios of Event Workers ......................................... 8 6) Server Training/Smart Serve ...................................... 9 ... 7) Exits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 till .. .. .. .. - - - .. - .. .. .. .. .. .. .. .. .. .. - - 8) Safe Environment ............................................. 10 9) Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II 10) Masks........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II 11) Sale of Alcohol ............................................... 12 12) Time Restrictions ............................................. 13 13) Marketing Practices ............................................ 14 I. ACCOUNTABILITY ................................................... 14 1. INSURANCE ......................................................... 15 K. FAILURE TO COMPLY ................................................ 15 L. POLICY MONITORING AND REVISIONS ................................. 16 M. IMPLEMENTATION PHASE ........................................... 16 GLOSSARY .................................................. Appendix "A" POLICY ENDORSATION ....................................... Appendix "B" THE CORPORATION OF THE TOWNSHIP OF BROCK MUNICIPAL ALCOHOL POLICY HISTORY IBACKGROUND In the fall of 1993, Brock Township Council passed a resolution requesting that a Municipal Alcohol Policy be developed. It was further identified that the Chairman of Parks & Recreation, in consultation with the Public Works Superintendent, identify a method to create such a policy. As a result, it was agreed to include the Addiction Research Foundation and the Durham Region Health Department for consultation purposes. It was further agreed, as the result of a deputation to Council, that a committee be created which would comprise the Chairman of the Parks & Recreation Committee, a representative from the Addiction Research Foundation and also the Durham Region Health Department, and members of the general public. A staff member from the Township of Brock would be present at all committee meetings to record and file the minutes. The main goals of the policy were to protect the municipality from future liability suits, to ensure the health and safety of community groups and citizens, to provide for the enjoyment of municipal parks and recreation facilities, and to provide responsible leadership in the community regarding the use of alcohol. Participation in the process was requested by Council and received from facility user groups, service groups and interested agencies and citizens in Brock Township by means of public meetings which were chaired by Ward 3 Councillor Reg Starr who was then the Chairman of the Parks & Recreation Committee. These meetings were held in each of the Township arenas during the month of July 1994. Approximately 47 service groups, facility user groups and individuals were contacted to attend. As well, local newspaper advertisements were placed to inform the public of Brock Council's intentions. From these public meetings, a working group of eight people representing the whole of the Township was created, and the committee was named the Township of Brock Municipal Alcohol Policy Advisory Committee. Terms of Reference were adopted by the committee which included a list of proposed meeting dates and a mandate to create a Municipal Alcohol Policy by December 1994. It was never the intent of Brock Township Council to impose a Municipal Alcohol Policy on the users of public facilities without public consultation, therefore, this cross section of Township citizens has taken on a great deal of responsibility and commitment of volunteer time in creating a useful and workable policy. .. .. .. .. ... lilt .. .. .. .. .... .. .. .. .... ... .. till - - - - - - - - - - - - - - - - - - - - LEGAL LIABILITY Since the late 1970s, the enforcement of the law with respect to the duty of one to control the behaviour of another has changed significantly. There has been an increase in alcohol-related damage awards, an increase in the use of the breathalyser and changes in public attitudes related to the use and abuse of alcohol. Potentially, legal liability may result from two major areas. Anyone who sells, serves or gives alcohol to a person past the point of intoxication is known as a provider of alcohol. Providers would likely include service clubs and their members, private family function organizers, and generally, anyone obtaining a Special Occasion Permit to run an event. The other area of potential liability relates to the occupier of the premise upon which alcohol is being served. The occupier is responsible for the condition of the premises, the conduct of the entrants and the activities permitted on the premises. The Township of Brock, its officials and employees are the occupiers in this case. The Liquor Licence Act is very clear in setting its standards around alcohol service to the public. If you do serve alcohol, this legislation dictates your rights, responsibilities and obligations in order to ensure a minimum standard of conduct and care. Without these regulations, people participating in your event might be exposed to danger, and you could be held responsible. The development of a comprehensive Municipal Alcohol Policy can help in greatly reducing the likelihood of an incident ever occurring. It will assist the citizens of Brock Township in being more aware of their legal and moral responsibilities. It will assist all servers, bartenders, service clubs, the Corporation, its officers and employees in preventing legally liable situations and will help make alcohol-related events in Brock safe and enjoyable for adults and children alike. We encourage you to join us in viewing this Municipal Alcohol Policy as a positive way in safeguarding our community. MISSION STATEMENT The Township of Brock wishes to provide a policy for responsible management practices at Special Occasion Permit functions held in or on Township recreational facilities. The Township also wishes to reduce and/or avoid alcohol-related problems that could result in litigation being directed toward the Corporation, its staff, community organizations, volunteers and participants. Our goal is to encourage responsible use of alcohol during Special Occasion Permit functions to ensure the enjoyment, health and safety of the participants and the protection of parks and recreation facilities. 1\ .. GOALS/OBJECTIVES ... 1) To provide appropriate procedures and education to individuals or groups wishing to hold events in municipally owned facilities in order to ensure that all Liquor Licence Board of Ontario legislation pertaining to Special Occasion Permits is properly understood and strictly complied with. ... 2) To ensure proper supervision and proper operation of Special Occasion Permit events in order to protect the organizers, the participating public, volunteers, the Corporation and its staff from liability by providing education in prevention and intervention techniques and through effective management procedures. ... ... 3) To encourage and reinforce responsible, moderate drinking practices for consumers through the development of appropriate operational procedures, controls, training and education. ... 4) To honour the decision of abstainers not to drink alcohol and to encourage their participation by providing alternative, non-alcohol drinks. ... 5) To provide for a balanced use of alcohol through Special Occasion Permits so that alcohol becomes a responsible part of a social function rather than the reason for it. .. 6) To provide a balance of wet and dry facilities and programs in order to ensure that consumers, abstainers, adults, youth and families will be adequately serviced and protected. .. ... .. .. ... ... - .. llIIlIi III .. .. - - A. AREAS/FACILITIES ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS - The following areas and facilities are currently designated for alcohol use under the authority of a Special Occasion Permit. The Township of Brock may change the designation of any site at its discretion. - AreasIFacilities Eligible for Special Occasion Permits 1) Beaverton- Thorah Community Centre 176 Main Street Beaverton upper auditorium ice surface (when ice removed) - - Cannington Community Centre 95 Elliot Street Cannington upper auditorium ice surface (when ice removed) - - Sunderland Memorial Arena 20 Park Street Sunderland upper auditorium ice surface (when ice removed) Rationale: - - The community centres were designed to be used for a wide range of community functions from small private parties to large fundraising events. The bar areas are well situated to serve and view patrons. - The community centres are equipped with kitchen and bar facilities upstairs. - These community centres provide rental space capable of accommodating a large group of participants. In order to prevent accidents, the ground floor areas are not to be rented for Special Occasion Permit events when the ice surface is present. - 2) Manilla Community Hall Special Occasion Permit events conditional on the issue of key control and service being reduced to the window which opens into the hall itself being addressed. - .. Rationale: - The Manilla Community Hall is used for a variety of smaller functions. Approval for Special Occasion Permit events is conditional on identified issues being addressed, specifically, the control of keys and bar service being reduced to the one window which opens into the hall itself. - - - Page 2 3) Beaverton, Cannington and Sunderland Township Halls excluding balcony areas Rationale: The Township halls would be suitable for holding a small municipal event, e.g., wine and cheese receptions. However, the balcony areas in the upper auditoriums of the Township halls would not be areas eligible for Special Occasion Permit events. The premises may not have tiered seating where alcohol is to be sold and consumed (R.R.O. 1990, Reg. 719, section 11, as amended). Special Occasion Permit events will be held in the Township hall auditoriums only if the concurrence of the respective facility management board is obtained prior to the event. 4) Beaverton, Cannington, Manilla and Sunderland Baseball Parks Rationale: Most baseball tournaments are fundraising events with adult participation. Because the entire community benefits from the funds raised, these events should not be discouraged. However, groups must fully comply with the Procedures for Outdoor Special Occasion Permit Holders as outlined in the Township of Brock Municipal Alcohol Policy. Any requests for municipal approval of a Special Occasion Permit for a community festival or significant event will be considered by the municipality on its own merit and will be subject to Liquor Licence Board of Ontario guidelines and the Township of Brock Municipal Alcohol Policy. B. AREAS/FACILITIES NOT ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS All municipal facilities and parks not specifically identified above are not eligible for a Special Occasion Permit. These facilities and parks are to include: 1) All arena dressing rooms, lobbies, bleachers and the ice surface when the ice is in. Rationale: While these areas have never been eligible for Special Occasion Permit events, there is a history of alcohol consumption in dressing rooms and other areas by teams using the facilities. This specific notation is intended to serve notice that illegal consumption of alcohol will not be tolerated. ... ... .. .., ... .. .., .., ... ... .. ... ... .. .., .., .. .. .- - - - - - - - - - - - - - 4) - - - 6) - - - Page :\ 2) All municipally owned parking lots, waterfront parks, accesses and lots. 3) All municipal parks not identified above, including: - Beaverton Harbour - Brock Soccer Park Rationale: Outdoor events carry an increased risk since they are more difficult to supervise. Mixing alcohol and outdoor recreational activities carries dangerous risks, and it is difficult to ensure that consumers of alcohol refrain from participating in sports activities. C. PROCEDURES FOR OUTDOOR SPECIAL OCCASION PERMIT HOLDERS The Township of Brock will consider requests from groups to set up outdoor beverage areas, such as beer gardens, in eligible Township parks outlined above. These formal beverage areas will discourage the illegal use of alcohol at these events. Applicant groups must comply with the Township of Brock Municipal Alcohol Policy. They must also meet the specific requirements of Procedures for Outdoor Special Occasion Permits as outlined below: 1) The outdoor beverage area must be in conjunction with an adult sports tournament or other event to be held in a Township park. 2) The setup and operation of an outdoor beverage area should not adversely affect other park users or the adjacent neighbourhood and should not conflict with other events scheduled for that park. 3) Outdoor beverage area requests must meet Township standards for space, parking, washrooms, water and electricity. The operation of all outdoor beverage areas should conform to the Township of Brock Noise By-Law Number 661-83-PP, and any amendments made thereto. 5) The Liquor Licence Board of Ontario requires that the outdoor beverage area be clearly defined and separated from unlicensed areas by a 42" (1.06 metres) high barrier, e.g., snow fence. The use of rope and pigtails for this purpose is inadequate to provide the necessary control and does not meet Liquor Licence Board of Ontario requirements (R.R.O. 1990, Reg. 719, section 13, as amended). The applicant group must be in good standing with the Township, based on its success with previous projects or programs held in Brock parks or elsewhere. Page 4 .. 7) The hours of operation of the outdoor beverage area shall fall within the hours stipulated by the Liquor Licence Board of Ontario and must coincide with the playing schedule of the tournament/festival, with alcohol services to stop within one hour after the completion of the last game. .. ... 8) Food is to be available, either free of charge or for sale. Food minimally consists of sandwiches, cheese, vegetables and dip. ... 9) The applicant group is responsible for cleaning up the outdoor beverage area at the conclusion of the event. Charges may be assessed if the area is left in an inappropriate condition. ... 10) The event sponsor will assign three or more workers to monitor the alcohol service area perimeter in addition to the number of event workers required at an inside Special Occasion Permit event. .. 11) Prior to final approval from the Township and the issuance of the rental permit, the applicant group must submit: .. a copy of its Special Occasion Permit for the event, a schedule of games and/or activities to the facility representative any payment required (clean-up deposit) certificate of liability insurance in an amount not less than one million dollars ... .. .. D. YOUTH ADMISSION At the discretion of the event sponsor, persons under the legal drinking age may be admitted to ... adult social events being held in municipally owned facilities where alcohol is available if so indicated on the Special Occasion Permit application and community centre rental agreement. .. Rationale: Most events are family events such as weddings and anniversaries, therefore, it is not possible to ... prohibit youth admission to these events. Youth should not be excluded from attending community events with adults, however, it is ... understood that it is illegal to provide underage participants with alcohol (Liquor Licence Act of Ontario, R.S.O. 1990, c. L.19, section 30, as amended). .. ... .. .. ... Page 5 .. E. SIGNS - The following signs will be posted in all municipal facilities in appropriate locations, and the event sponsor is responsible for ensuring the display of these signs during Special Occasion Permit events. All signs are to be identified with the heading "Township of Brock Municipal Alcohol Policy." - .. Rationale of Sienaee: .. Message indicates that the sponsor is aware of the Liquor Licence Act and of the Municipal Alcohol Policy. .. Signs can reinforce the authority of servers and supervisors should they have to refuse service to consumers approaching the point of intoxication. Signs: .. I) A sign will be posted at the bar and at the ticket counter stating the law on serving to intoxication. - Statement of Intoxication Sign: .. "Servers are required by law not to serve an intoxicated person nor to serve anyone to the point of intoxication (Liquor Licence Act, R.S.O. 1990, c. L.19, section 29, as amended). - Servers are required by law not to serve persons under the age of 19 years. The only acceptable proof of age is photo identification" (Liquor Licence Act, R.S.O. 1990, c. L.19, section 30, as amended). .. 2) "No Alcohol Beyond This Point." .. 3) Ticket Sales Sign: - ''The only acceptable proof of age is photo identification. Maximum 8 tickets per purchase per person. Ticket sales end at 12:30 a.m. There will be no last call." - 4) Fetal Alcohol Syndrome Sign: ~ "Give your child the best start. If you are pregnant or breast-feeding, please avoid drinking alcohol." .. - - - Page 6 ... F. PROVISION OF FOOD AND LOW/NO ALCOHOL BEVERAGES .. I) The event sponsor is required to provide food at all Special Occasion Permit events. Rationale: .. The Liquor Licence Act of Ontario reqUires that food be served during a Special Occasion Permit event. .. Food minimally consists of sandwiches, cheese, vegetables and dip. .. High carbohydrate foods help slow down the absorption of alcohol into the bloodstream; therefore reducing the risk of intoxication. .. 2) Nonalcoholic and low-alcohol drinks are to be available at all times. Rationale: .. The availability of nonalcoholic drinks recognizes the participants' rights to abstain and supports the designated driver program. .. The availability of low-alcohol drinks reduces the likelihood of impaired driving and permits participants to socialize throughout the evening without becoming intoxicated. .. G. SAFE TRANSPORTATION .. It is recommended that Special Occasion Permit holders promote a safe transportation strategy .. including a designated driver program. The strategy could include the following guidelines: a designated driver program to be advertised at event, including regular .. announcements being made throughout the event, a designated driver to be identified to servers and monitors, .. a designated driver to receive free or low-cost nonalcoholic drinks, IlII an intoxicated person to be driven home by a sober friend, an intoxicated person to be urged to call a friend, relative or taxi to assist. ... Rationale: .. The gre.atest risk of liability is presented by the impaired driver leaving an alcohol-related event. Ensuring that event participants have safe transportation when leaving a social event reduces the risk of liability. ... .. .. Page 7 .. - Example: Schmidt v. Sharpe (1983) "Less than 15 minutes after finishing his last beer and leaving the Arlington House Hotel, Sharpe failed to negotiate a curve in the road. Sharpe suffered only minor injuries in the ensuing accident, but his 16 year-old passenger, Schmidt, was rendered a quadriplegic. Schmidt and his family sued both Sharpe and Arlington House Hotel for $13 million." (Addiction Research Foundation Server's Manual) - - H. CONTROLS .. 1) Special Occasion Permit .. The event sponsor must obtain a Special Occasion Permit from the Liquor Licence Board of Ontario and must show proof of this to the facility representative at least five days prior to the event. In addition, the event sponsor must also provide a copy of the Special Occasion Permit application along with the proof of the actual permit to the facility representative. .. Rationale: - Alcohol may not be served in public areas without a Special Occasion Permit or a commercial liquor licence. .. 2) Supervisor's Responsibility - a) The event sponsor and event workers must abide by the rules of the Municipal Alcohol Policy. - Rationale: - The event sponsor and the facility owner are jointly responsible for the safety and sobriety of those attending the event. It is, therefore, important that the licensee complies with the Municipal Alcohol Policy and that the facility representative be authorized to enforce the policy. .. .. This policy will help to reduce and/or avoid alcohol-related problems that could result in litigation being directed towards the Corporation, its staff, community organizations and participants. - b) The event sponsor shall be required to attend the event and be responsible for making decisions regarding the operation of the event. Rationale: - - Although police will be called if a situation becomes risky, it is the responsibility of the event sponsor to ensure the proper management of an event. - - Page 8 .. 3) Event Workers ... a) All event workers must refrain from consuming alcohol before and while the event is in progress. Workers may consume alcohol if they are working a shift and their work responsibilities have ended for the entire event. ... Rationale: .. If event workers are consuming alcohol and an accident were to occur, it would be difficult to demonstrate control. .. b) All event workers must wear highly visual identification approved and provided by the Township of Brock. .. Rationale: ... This enables participants to quickly contact an event worker should problems occur. ... 4) Lists of Event Workers The event sponsor must provide a list of event workers to the facility representative at least five days prior to the event along with each worker's Server Intervention Program/Smart Serve registration number. .. .. Rationale: This permits the facility representative to verify that the designated number of event workers have received Liquor Licence Board of Ontario recognized server training. .. 5) Ratios of Event Workers ... The ratio of event workers designated by the lessee and by the facility representative for ... inside Special Occasion Permit events will be as follows: Entrance Monitors: ... The entrance will be monitored at all times by two people 19 years of age or over, one of whom must have received Liquor Licence Board of Ontario recognized server training. .. Rationale: ... Controlling the door to prevent underage, rowdy or intoxicated people from entering an event considerably reduces the likelihood of problems occurring. ... .... .. .. - - - - .. .. - .. .. .. - - .. .. ilia - - - Page 9 When two people monitor the door, entrance monitors have the required backup should someone be refused admission. A lone entrance monitor could feel personal pressure to admit a close friend 'or relative who should be refused admission. Floor Supervisors (at all times): Up to 225 attendees 226 - 500 attendees 500 - 1,100 attendees 1 floor supervisor 2 floor supervisors 3 floor supervisors Servers: In order to be eligible to rent a municipal facility, the sponsor must demonstrate that at a Special Occasion Permit wedding/anniversary event, one server must have received Liquor Licence Board of Ontario recognized server training. At fund-raising licensed events and at free bar events, the ratio as set out below shall apply: Event Servers Wedding/Anniversary Events Fund-Raising/Free Bar Events: Up to 225 attendees 226 - 500 attendees 500 and over 1 trained server 2 trained servers 3 trained servers 4 trained servers 6) Server Trainin2lSmart Serve All facility representatives supervising Special Occasion Permit events must be trained in the Smart Serve educational program which is recognized by the Liquor Licence Board of Ontario. In addition to the required number of event workers who have received Liquor Licence Board of Ontario recognized server training, it is also recommended that all event workers be trained in the Smart Serve program which is recognized by the Liquor Licence Board of Ontario. Server Intervention Program training will be grandfathered until December 1995. Rationale: Reducing the risk of litigation requires not only the components of policy and procedures but also the recruitment of appropriately trained supervisors and servers. Page 10 ... The municipality is morally obliged to inform volunteers of the potential for litigation and to provide them with the tools to avoid such action. .. 7) Exits .. The event sponsor IS responsible for ensunng that all exits be monitored by event workers. .. Rationale: This practice is necessary in order to ensure that: .. those attending the event have been monitored at the door and are not underage, intoxicated or known troublemakers, .... those attending the event do not leave or arrive through an unsupervised access area in order to consume alcohol in another location. .. 8) Safe Environment ... a) All bottles and cans must be retained within the bar area; all drinks must be served in plastic or paper cups. II/1II Rationale: Should a drink be dropped, paper and plastic cups do not break. Should a patron become belligerent, a broken beer bottle cannot be used as a weapon. .. b) The event sponsor, event workers and facility representative must ensure that the physical setting is safe for both drinkers and non-drinkers. ... c) The event sponsor, event workers and facility representative must prevent patrons from engaging in activities that can harm themselves or others. .... Rationale: .... The law clearly states that the sponsor of an event has a "duty to control," that is to protect participants from foreseeable harm to themselves or others. ... Example: Jacobson v. Kinsmen Club of Nanaimo (1976) ... "The defendant's club sponsored a beer party in a large arena. During the party, some patrons began climbing one of the support beams and 'mooning' the crowd below. One individual lost his grip and fell about 10 metres onto the plaintiff, knocking him unconscious. Although there were 30 Kinsmen volunteers supervising the event, the only steps taken to discourage the climbers were shouts .. .. .. .. Page II .. - from certain members. The court found that the club had breached its statutory obligation as an occupier by failing to prevent the I-beam climbing." (Addiction Research Foundation Server's Manual, 1986) - Section 3(1) of the Ontario Occupiers' Liability Act provides that an occupier owes a duty to take such care as in all of the circumstances of the case is reasonable to see that the entrants are reasonably safe while on the premises. - 9) Police - a) A minimum of one (1) paid duty police officer is required to be present at a Special Occasion Permit event where 300 or more people are expected to attend, the cost of which will be borne by the event sponsor. .. Rationale: .. This is a requirement of the existing Township of Brock Rental Permit. b) The facility representative has the authority to require the presence of a paid duty police officer(s) for any event, the cost of which will be borne by the event sponsor. - Rationale: - .. The presence of paid duty police officers in uniform could act as a deterrent to potential trouble makers. c) Whenever possible, the police will be notified of a potentially risky situation before the situation is out of control. - Rationale: - - Although the police will be called if a situation becomes risky, it is the responsibility of the permit holder to ensure the proper management of an event. - Early notification of potential problems will facilitate the ability of the police to plan their availability should they be required. 10) Masks - At masquerade events, participants shall be required to identify themselves to event staff upon entry and at any other time during the event as deemed appropriate. .. - - - Page 12 ... Rationale: By unmasking, the participant enables the event worker at the door to properly identify them. ... By unmasking, the participant enables the event worker to request photo identification if necessary. ... ... Masquerade events can encourage participants to behave inappropriately since they might not be recognized. ... Standards of behaviour are less likely to change if participant has unmasked. 11) Sale of Alcohol ... a) Tickets must be purchased from a designated ticket seller and redeemed at the bar. ... Rationale: ... This provides another line of defense for the municipality in the prevention of intoxication. IIIIJI Slows down the rate of consumption as people are required to make two stops before getting their drinks. ... b) A minimum of two people will be designated to sell tickets at all times, one of whom must have received Liquor Licence Board of Ontario recognized server training. ... Rationale: ... Selling tickets slows down the rate of consumption as people are required to make two stops before getting their drinks. ... This provides ticket sellers and bartenders with the opportunity to look for signs of intoxication and to read the climate of the event. ... A lone ticket seller could feel personal pressure to sell tickets to a close friend or relative who should be refused any further purchase of alcohol. ... IIIIJI .. .. .. Page I] .. c) Unused tickets to be redeemed for cash on demand at any time during the event. - Rationale: - This practice could help avoid a confrontation with a patron who may be nearing intoxication but who wishes to purchase additional drinks in order to get hislher money's worth. ... d) When tickets are sold for alcoholic beverages, there will be a limit of eight per person at one time. Discounts will not be offered for the volume purchase of tickets. .. Rationale: - By limiting the number of tickets per purchase, event workers are provided with additional opportunities to verify the sobriety of patrons. ... 12) Time Restrictions - a) There will be no last call. Rationale: ... Last call usually results in high and rapid consumption and results in high blood alcohol levels which may peak after an event and lead to impaired driving. ... b) The bar area will close no later than 1 :00 a.m. - Rationale: ... The Liquor Licence Act requires bar area closure by 1:00 a.m. (R.R.O. 1990, Reg. 719, section 25 (1) (2), as amended). ... c) All entertainment must be completed by 1: 15 a.m. d) All lights must be turned on at 1: 15 a.m. ... Rationale: - This will facilitate premises being vacated by 1 :30 a.m. (and discourage participants staying to consume alcoholic drinks at a rate which is conducive to intoxication). ... - - - Page 14 .. e) Facilities must be vacated by patrons by I :30 a.m. .... Rationale: This will enable time restrictions for vacating facilities at I :45 a.m. as set out in ... the Liquor Licence Act to be met (R.R.O. 1990, Reg. 719, section 29, as amended). ... f) All alcoholic beverages must be cleared from the facilities immediately following the event. ... Rationale: The removal of all alcoholic beverages will ensure that remaining alcohol cannot ... be sold illegally following an event as required under the Liquor Licence Act (R.R.O. 1990, Reg. 719, section 29, as amended). ... 13) Marketinl: Practices Marketing practices which encourage increased consumption, such as oversize drinks, double shots of spirits, pitchers of beer, drinking contests, ticket draws for alcohol, and volume discounts are prohibited. ... ... Rationale: This is a requirement of the Liquor Licence Act of Ontario (R.R.O. 1990, Reg. 719, section 40, as amended). IIIIJI ... I. ACCOUNTABILITY IIIIJI 1) At least one facility representative with authority to demand correction and/or to shut down an event on behalf of the municipality will be responsible and available for all Special Occasion Permit events. ... Rationale: ... The Special Occasion Permit application states that the permit holder and the facility owner are jointly responsible for the safety and sobriety of those attending the event. ... 2) At least two people appointed by the event sponsor shall remain with the facility representative until the building is closed down and the area is clear. ... Rationale: This will help to ensure the safety of the facility representative when closing up alone. IIIlI ... .. Page 15 ... - J. INSURANCE - The sponsor(s) of a Special Occasion Permit event being held in a municipally owned facility is/are required to provide proof, at least five days prior to the event, that they have purchased a minimum of one million dollars in liability insurance per permit. - Rationale: _ Case law indicates that judges and juries are sympathetic towards the injured plaintiff. Special Occasion Permit holders, facility owners, club executives and volunteers could all be named in a lawsuit. - By insisting on insurance, potentially risky groups may be discouraged from sponsoring events since they may be unable to obtain insurance. - K. FAILURE TO COMPLY - .. The facility representative may report any infraction of this policy to legal authorities whenever they believe such action is required. - Any infraction will be reviewed by arena staff, the arena manager and the Public Works Superintendent. - A registered letter describing the problem may be sent by the Public Works Superintendent to the sponsor, and the Public Works Superintendent may refuse future rental privileges to the sponsor. - When individuals are found to be consuming alcohol in restricted areas, police will be called to enforce the law. - Rationale: - It is important that a clear set of guidelines be developed and that the penalties for failure to comply to the policy be consistently applied. - This practice ensures that user groups and participants recognIze the policy as being fair, consistent and enforced when required. - - - - Page 16 "" L. POLICY MONITORING AND REVISIONS .. To monitor effectiveness of the Brock Municipal Alcohol Policy, Council shall initiate an annual review by the Municipal Alcohol Policy Advisory Committee, based on information provided by the facility manager and other invited sources, and reported to Council with suggested policy changes if required. ... Rationale: ... This permits the policy to be changed to meet the changing community needs, the addition of new facilities and program demands. ... As the policy is implemented, procedures requInng adjustments for improvement can be suggested. ... This also allows adjustments to reflect any future changes made to the Liquor Licence Act. ... M. IMPLEMENTATION PHASE ... It is recommended that the Brock Township Municipal Alcohol Policy Advisory Committee, in consultation with the Addiction Research Foundation and the Durham Region Health Department, design and implement a strategy to orient all community user groups to the policy requirements and promote the policy to the community at large, including all licensed establishments, curling clubs and Royal Canadian Legion branches. ... ... ,.'> Rationale: ... Without a publicity campaign, the policy will have no impact on community behaviour. Publicizing the policy actually helps to affect public behaviour and compliance to the policy. ... ... ... ... ... .. .. ... .. .. .. ... .. .. .. .. .. .. .. .. .. - - - - - - APPENDIX "A" GLOSSARY OF TERMS "Entrance monitor" shall mean a person who is appointed by the event sponsor who shall be responsible for monitoring the entrance to an event. This definition shall also include the ticket sellers in order to recognize the fact that the entrance monitors at some events are also the ticket sellers. "Event sponsor" shall mean that person or persons, group or groups responsible for organizing or promoting an event. "Facility Board of Management" shall mean the board that is responsible for the day-to-day operation of a municipally owned facility or portion thereof. "Facility representative" shall mean the same as municipal representative and shall include representatives or appointees from the various facility Boards of Management. "Floor supervisor" shall mean a person who is appointed by the event sponsor who shall be responsible for reporting any potential problems to the event sponsor. "Low-alcohol drink" shall mean a drink which contains less alcohol than a standard drink (as defined below). "Occupier" shall include anyone who has control of the premises and the power to admit or exclude others. "Standard drink" shall mean: 1-1/2 ounces of spirits (40% alcohol) 5 ounces of wine (12% alcohol) 3 ounces of fortified wine (18% alcohol) 12 ounces regular beer (5% alcohol). .. APPENDIX "B" iIIIIi TOWNSHIP OF BROCK MUNICIPAL ALCOHOL POLICY ADVISORY COMMITTEE IlIli POLICY ENDORSATION IlIli We, the committee members of the Brock Township Municipal Alcohol Policy Advisory Committee, do hereby endorse the recommendations contained within this document. IIIIJI .... .... IlIli ~~ ~~~~ Alan Cameron .IIi L 0)~,.,; ... Adam Dobson ... 44:~~ Dale MacLeish ... ... /~~ ~~~I Glenda Swiderski .. "'" .. III ... IlIli ,1~6-YI FOLlONI j3~ - ORDER ISSUE DATE OCT 4 1996 .. I II [1""'-'.)[ FOLlOHI 3~' I .. .. .. .. .. - - .. - ... - .. Jilt - - - - COUNCIL INFORMATION 1-33 OCT 8 3 13 PH '96 Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario At the request of Newcastle I Limited Partnership and Newcastle II Limited Partnership. the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 22(1) of the Planning Act, R.S.O. '990, c. P.13, Council's refusal or neglect to adopt a proposed amendment to the Official Plan for the former Town of Newcastle (Municipality of Clarington) to redesignate the lands located east of Townline Road and the Farewell Creek, south of Highway No.2, west of Prestonvale Road and generally north of Highway 401, being parts 33, 34, 35, Concession 1 and 2 to provide policies and designations to pennit a new residential neighbourhood Region's File No. OPA 89-032-/C OMB File No. 0 950017 At the request of Newcastle I Limited Partnership and Newcastle II Limited Partnership. the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 51 (15) of the Planning Act, R.S.O. 1990, c. P.13, a proposed Plan of Subdivision on lands composed of Part of Lot 35 and Part of Road Allowance between Lots 34 and 35, Concession 1. in the Municipality of Clarington Region File No. 18T -89037 OMB File No. S 950018 Newcastle III Limited Partnership (successor to Newcastle I Limited Partnership and Newcastle II Limited Partnership) has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R. S. O. 1990, c. P .13, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipalit5' of Clarington to rezone the lands located on Part of Lot 0950017 8950018 Z950060 0950165 8950070 Z950158 . 0960038 8960014 Z960026 l"'-"~.D'-";~:;~-~'~;.--l'~~ (- !-l-.~ (-",h,i , ..) \.J f 1 '\. _"iI '\-,.... . II ..._~ "- I CI.~EY. ___.____~---- __h__ I ,1\(:\. ~~'/ .--...------..-......~--.~-.-. . . . II i '.' : l'~ !'- "; ~; . ..,-.' ..~ ._-_..~: i--~.~,~ .~~.~;--_.~.. --. )~c If-I p. -2- j j j 35 and Part of Road Allowance between Lots 34 and 35, Concession 1 from "Agriculture" to R 1, R2, R2-X, R3 and EP to implement the draft residential plan of subdivision 18T -89037 OMB File No. Z 950060 ... At the request of 289143 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 22( 1) of the Plannina Act, R.S.O. 1990, c. P. 13, Council's refusal or neglect to adopt a proposed amendment to the Official Plan for the former Town of Newcastle (Municipality of Clarington) to redesignate the lands located east of Townline Road and the Farewell Creek, south of Highway 2, west of Prestonvale Road and generally north of Highway 401, being Parts 33, 34, 35, Concession 1 and 2 to provide policies and designations to permit a new residential neighbourhood Region's File No. OPA 95-004/C OMB File No. 0 950165 ... ... ... ... - At the request of 289143 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 51 (15) of the Planning Act, R.S.O. 1990, c. P. 13, a proposed Plan of Subdivision on lands composed of part of Lots 33 and 34 and part of the Road Allowance between Lots 34 and 35, Concession 1, Municipality of Clarington Region's File No. 18T-95023 OMB File No. S 950070 ... ... ... .. 289143 Ontario Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the PlanninQ Act, R.S.O. 1990, c. P.13, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-93 of the Municipality of Clarington to rezone the lands located in part of Lots 33 and 34 and Part of Road Allowance between Lots 34 and 35, Concession 1, from "Agriculture" to R1, R2, R2-X, R3, R3-5 and EP to implement the draft Plan of Subdivision 18T -95023 OMB File No. Z 950158 .. .. .. IlIIIII . III .. 73- 0950017 ET AL - At the request of 765400 Ontario Limited, the - Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 22(1) of the Planning Act, RS.O 1990, c.P. 13, Council's - refusal or neglect to adopt a proposed amendment to the Official Plan for the former Town of Newcastle (Municipality of Clarington) to redesignate the lands - located east of Townline Road and Farewell Creek, south of Highway No.2, west of Prestonvale Road and generally north of Highway No. 401, being part - of Lots 33, 34 and 35, Concession 1 and 2 to provide policies and designations to permit a new residential neighbourhood - Region's File No. OPA 95-003/C O.M.B. File No. 0960038 - At the request of 765400 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Muincipal Board under subsection 51 (15) of .. the Planning Act, RS.O. 1990, c.P. 13, a proposed plan of subdivision on lands composed of part of Lots 33 and 34. Concession 2. in the Municipality of - Clarington. ,. Region's File No. 18T -95026 OMB File No. S960014 .. 765400 Ontario Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the - Planning Act, RS.O. 1990, c.P. 13. from Council's refusal or neglect to enact a proposed amendment to the Zoning By-law 84-63 of the Municipality of - Clarington to rezone the lands located on part of Lots 33 and 34, Concession 2 from "Agricultural" to R1. R2, R2-8. R2-9, R3 and R3-'X'to implement the .. draft residential plan of subdivision 18T -95026 Municipality of Clarington's File No. DEV 95-016 OMB File No. Z960026 - COUNSEL: - John A. R. Dawson for Newcastle III Limited Partnership - S. Zakem for 289143 Ontario Limited - - -4- R. Evans for the City of Oshawa D. Hefferon for the Municipality of Clarington A. Allison for Regional Municipality of Durham for Courtice Heights Development, a partnership of Claret Investments and Rexgate Holdings Limited for 765400 Ontario Limited P. Van Loan H. Saunders J. Douglas Mann for Northumberland and Clarington Board of Education J. Christopher Corkery for Peterborough, Victoria, Northumberland and Clarington Roman Catholic Separate School Board DISPOSITION delivered by A. DELFINO on September 16, 1996 AND ORDER OF THE BOARD At the commencement of the ,hearing dealing with the above styles of cause the Board heard from counsel that the parties have reached an agreement and settled all of the differences. The only exception involves the residents on Prestonvale Road represented by Hugh Neil who indicated concerns with the designation of part of Prestonvale Road and the designation of some lands to allow medium and high density residential development along Prestonvale Road at a location south of Bloor Street. The matters before the Board would result in the draft approval of 3 plans of subdivision over a phased period of time with a total of 1187 dwelling units. In addition there would be improvements in the road system and the development of a number of amenities to serve the residents. The Board heard extensive testimony on the proposals from David Crome, the manager of the Community Planning Branch of the Municipality of Clarington. Mr. Neil testified on his own behalf. l1li l1li .. IIIIJI ... ... ... ... IIIIJI ... ... ... ... .. .. .. lIlil ... III - - -5- 0950017 ET AL From all the evidence the Board prefers Mr. Crome's testimony and finds that the .. proposals are based on good planning principles and will result in good land use planning. The Board's decision is as follows: - - .. - .. .. - - - .. ... .. - - - - 1. WITH RESPECT TO the referrals to the Board by the Regional Municipality of Durham ("Region of Durham") under subsection 22(1) of the Planning Act of the Council of The Corporation of the Municipality of Clarington's ("Clarington Council") refusal or neglect to adopt proposed amendments to the Official Plan for the Municipality of Clarington (the "former Town of Newcastle Official Plan") to redesignate certain lands located east of Townline Road, north and south of Bloor Street, west of Prestonvale Road. being Parts of Lots 33,34, and 35. Concession 1 and 2. former Township of Darlington, now in the Municipality of Clarington, to permit the development of certain residential plans of subdivision (OMB File Nos. 0950017 and 0950165), and WITH RESPECT TO the referral to the Board by Region of Durham under subsection 22(1) of the Planning Act of Clarington's Council's refusal or neglect to adopt a proposed amendment to the former Town of Newcastle Official Plan to redesignate the lands located east of Townline Road and Farewell Creek, south of Highway No.2, west of Prestonvale Road and generally north of Highway No. 401, being part of Lots 33,34 and 35, Concession 1 and 2, former Township of Darlington, now in the Municipality of Clarington, to provide policies and designations to permit a new residential neighbourhood (OMB File No. 0960038), the BOARD ORDERS THAT Amendment No. 59 IS HEREBY MADE by the Board to the former Town of Newcastle Official Plan in the form and with the content of Amendment No. 59 to the former Town of Newcastle Official Plan which is contained in Schedule "1" to this ORDER. save and except for the designations of portions of certain streets shown on Exhibits "C" and "D" to the aforesaid Amendment No. 59 which are identified thereon as "Street Designation Adjourned by Ontario Municipal Board" with respect to which the hearing of the Board IS ADJOURNED sine die. .. -6- .. 2. WITH RESPECT TO the referral to the Board by the Region of Durham under subsection 51 (15) of the Planning Act of a proposed plan of subdivision on lands .- composed of part of Lot 35 and part of the road allowance between Lots 34 and 35, Concession 1, former Township of Darlington, now in the Municipality of Clarington, .. (Region of Durham's File No. 18T -89037, OMB File No. S950018), the BOARD ORDERS that draft Plan of Subdivision 18T -89037 contained in Exhibit 14A to the ... evidence before the Board IS APPROVED, subject to satisfaction of the conditions contained in Exhibit 13A to the evidence before the Board. ... 3. WITH RESPECT TO the referral to the Board by the Region of Durham under - subsection 51 (15) of the Planning Act of a proposed plan of subdivision on lands composed of part of Lots 33 and 34 and part of the road allowance between Lots 34 ... and 35, Concession 12, former Township of Darlington, now in the Municipality of Clarington (Region of Durham's File No. 18T-95023, OMB File No. S950070), the .. BOARD ORDERS that draft Plan of Subdivision 18T -95023 contained in Exhibit 14B to the evidence before the Board IS APPROVED, subject to satisfaction of the ... conditions contained in Exhibit 13B to the evidence before the Board. ... 4. WITH RESPECT TO the referral to the Board by the Region of Durham under subsection 51 (15) of the Planning Act of a proposed plan of subdivision of lands .. composed of part of Lots 33 and 34, Concession 2, former Township of Darlington, now in the Municipality of Clarington (Region of Durham File No. 18T -95026, OMB ... File No. S960014) the BOARD ORDERS that draft Plan of Subdivision 18T-95026 contained in Exhibit 14C to the evidence before the Board IS APPROVED, subject ... to satisfaction of the conditions contained in Exhibit 13C to the evidence before the Board. ... 5. WITH RESPECT TO the appeal by Newcastle I Limited Partnership and Newcastle II Limited Partnership to the Board under subsection 34(11 )of the Planning Act from .. Clarington Council's refusal or neglect to enact a proposed amendment to Zoning By-law No. ~ to rezone the lands located in part of Lot 35 and part of the road IIIIlI .. IIIIIi - - - - - - .. - - - - - - - - - .. - ," -7- 0950017 ET AL allowance between Lots 34 and 35, Concession 1, former Township of Darlington, now in the Municipality of Clarington, to implement draft Plan of Subdivision 18T- 89037, (OMB File No. Z950060) the BOARD ORDERS that By-law No. 96-170 contained in Schedule "2" to this Order, IS ENACTED as an amendment to the Municipality of Clarington's Zoning By-law No. 84-63, as amended. 6. WITH RESPECT TO the appeal by 289143 Ontario Limited to the Board under subsection 34(11) of the Planning Act from Clarington Council's refusal or neglect to enact a proposed amendment to Zoning By-law No. 84-63 to rezone the lands located on part of Lots 33 and 34 and part of the road allowance between Lots 34 and 35, Concession 1, former Township of Darlington, now in the Municipality of Clarington to implement draft Plan of Subdivision 18T-95023 (OMB File No. Z950158), the BOARD ORDERS that By-law No. 96-171 contained in Schedule "3" to this Order IS ENACTED as an amendment to the Municipality of Clarington's Zoning By-law No. 84-63, as amended. 7. WITH RESPECT TO the appeal by 765400 Ontario Limited to the Board under subsection 34(11) of the Planning Act from Clarington Council's refusal or neglect to enact a proposed amendment to the Zoning By-law No. 84-63 to rezone the lands located in part of lots 33 and 34, Concession 2, former Township of Darlington, now in the Municipality of Clarington, to implement draft Plan of Subdivision 18T -95026 (OMB File No. Z960026), the BOARD ORDERS that By-law No. 96-172 contained in Schedule "4" to this Order, IS ENACTED as an amendment to the Municipality of Clarington's Zoning By-law No. 84-63 as amended. 8. EXCEPT AS OTHERWISE PROVIDED IN THIS ORDER, the BOARD ADJOURNS the hearing of other matters referred to in the "Principles of Understanding" between certain of the parties to the referrals and appeals before the Board, which is contained Exhibit 7 A to the evidence before the Board, until 1 0:00 A.M. on October 9, 1996 at the Council Chambers. Municipality of Clarington Administrative Centre, 40 Temperance Street, Bowmanville, Ontario, to hear applications by any of the .. -8- .. parties to the proceedings now before the Board for the consolidation of other matters with the matters now before the Board and for further directions and appropriate orders. .. .. ... ... ... ... ... ... ... ... ... ... ... .. III III III .. 0950017 ET AL - SCHEDULE '1' - AMENDMENT NO. 59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE - PURPOSE: The Purpose of this Amendment is: - to include a new residential area within the Courtice Urban Area; .. a) b) to incorporate a secondary plan for the South-West Courtice Planning Area to guide its future development; and - c) to amend the road classification for Townline Road, the alignment of Bloor Street and to designate new collector and arterial roads as part of the extended urban area. - LOCATION: The amendment applies to the lands located east of Townline Road, south of Glenabbey Drive, west of Prestonvale Road and north of Highway 401, being Parts of Lots 33, 34 and 35. Concession 1 and 2 in the former Township of Darlington, now the Municipality of Clarington. - - BASIS: The Clarington Official Plan Review commenced in January of 1992. One of the objectives of the Review was to prepare a new Official Plan for the Municipality in conformity with the 1991 Durham Regional Official Plan. This included the expansion of the Courtice Urban Area to designate additional lands for residential purposes. - .. The South-West Courtice Secondary Planning Area was incorporated in the Courtice Urban Area in the new Clarington Official Plan adopted by Council on January 29, 1996. The northerly portion was included in lands available for development prior to 2016. The southerly portion of the Planning Area includes lands not required for residential purposes by 2016 and were identified as a "Future Urban Residential Area". - - - This Secondary Plan has been prepared as a transitional measure to enable the consideration of plans of subdivision and proposed zoning on the lands within the Planning Area prior to the approval of the new Clarington Official Plan by the Regional Municipality of Durham. This measure was deemed necessary in light of pending hearings of the Ontario Municipal Board scheduled to commence September 16. 1996. among other matters, on three private official plan amendments (Files: OPA 89- 032, OPA 95-003, OPA 95-004). - - - - ... - 2 - 0950017 ET AL .. This Secondary Plan is based on the South-West Courtice Neighbourhood Planning Study prepared by Tunney Planning Inc. on behalf of the landowners, the policies contained in the new Clarington Official Plan and .. Council's resolution of September 26, 1994 with respect to Prestonvale Road. ... ACTUAL AMENDMENT: .. The Official Plan of the former Town of Newcastle is hereby amended as follows: ... i) Add a new Section 10.3 as follows: "10.3 SOUTH-WEST COURTICE PLANNING AREA SECONDARY PLAN 10.3.1. 10.3.1.1 10.3.1.2 10.3.1.3 ... Introduction .. This Secondary Plan has been prepared as an amendment to the former Town of Newcastle Official Plan as a transitional measure. The proposed Clarington Official Plan was adopted by the Municipality of Clarington Council on January 29, 1996. The Regional Municipality of Durham which is the approving authority under the Planning Act for the Municipality's proposed Official Plan, has not decided whether it should be approved in whole or in part and with or without modifications. If the provisions of the proposed Clarington Official Plan which, in substance are consistent with the intent of this Secondary Plan, are approved pursuant to the Planning Act, it is the intention of the Municipality of Clarington to initiate an amendment to rescind this Secondary Plan and to initiate an amendment to the proposed Clarington Official Plan to incorporate only those provisions of the Secondary Plan which are not in substance contained in the proposed and approved Clarington Official Plan. IIIIJI ... ... ... ... The South-West Courtice Secondary Planning Area comprises Bayview Neighbourhood and a portion of Penfound Neighbourhood as identified in the Clarington Official Plan. The Secondary Planning Area is approximately 148 hectares of land located south of the existing Courtice urban area, west of Prestonvale Road and east of Townline Road. ... ... This Plan assumes that Clarington will continue to experience growth pressures characteristic of the fringe communities of the Greater Toronto Area. Recognizing the importance of pursuing sustainable development and the collective health and well-being of Clarington residents, this Plan ... .. III - .. .. .. .. .. .. .. - .. .. .. 10.3.1.4 .. 10.3.2 - 10.3.2.1 .. 10.3.2.2 - 10.3.3 - 10.3.3.1 .. - .. - 3 - 0950017 ET AL seeks to implement the following directions for managing growth of the lands to which it applies: . Compact Urban Form Compact urban form will be achieved with an emphasis on higher densities and a mix of uses. . Structured Growth Growth on the lands to which this Secondary Plan applies will occur in proportion to the urban population targets with Bowmanville continuing to grow as the dominant urban centre in Clarington. . Balanced Growth Residential growth will complement employment growth. . Phased Development Urban growth will be phased in order to encourage compact urban form and the orderly, efficient and economic provision of public infrastructure and services. This Plan will guide Council in assessing various proposals for development and in the exercise of powers of subdivision approval, zoning and site plan control. GOALS To provide a residential living environment that promotes a desirable quality of life and social interaction. To provide a broad range of housing to meet the evolving housing needs of current and future residents. OBJECTIVES To provide for phased, sequential development within clearly defined urban boundaries to the year 2016. 10.3.3.2 10.3.3.3 10.3.3.4 10.3.3.5 10.3.3.6 10.3.3.7 10.3.3.8 10.3.3.9 10.3.4 10.3.4.1 10.3.4.2 .. -4- 0950017 ET AL III To ensure the role of Bowmanville as the dominant urban centre of the Municipality. .. To provide or reconstruct the necessary public infrastructure, including transportation facilities, sanitary sewer, water supply and storm water facilities, and recreational, cultural and community facilities in an orderly, cost-efficient and economic manner. .. ... To maintain an adequate supply of land for housing purposes. ... To encourage a minimum of 30% of all new housing to be affordable. ... To provide for a variety of housing densities and housing forms for each neighbourhood to achieve a desirable housing mix. ... To provide for a variety of uses for each neighbourhood to service residents and to decrease the dependency on motor vehicles. IIIIJI To achieve safe and livable neighbourhoods. To develop a system of municipal parks to be connected to the Open Space System which provides a variety of recreational facilities, civic gathering spaces, and the preservation of natural heritage features. ... ... GENERAL POLICIES The ultimate planned population for the Secondary Planning Area is approximately 6,200 persons at an overall gross residential density of 17.3 units per gross hectare. ... ... This Plan has been prepared subsequent to the adoption by Clarington Council of the new Clarington Official Plan. In accordance with the provisions of Section 5.3.14 and 5.3.15 of the Durham Regional Official Plan, the preparation of the Clarington Official Plan included an analysis of the lands required to provide a 20 year supply of land. The northerly portion of the Secondary Planning Area has been included within the 20 year lands needed and readily serviced by 2016. The projected population allocated to these lands is 4,500 persons. .. .. ... The southerly portion of the Secondary Planning Area are lands which cannot be readily serviced and are not required for residential purposes by III III IIIlI - .. ... .. 10.3.4.3 .. 10.3.4.4 .. .. 10.3.5 .. 10.3.5.1 - - - 10.3.5.2 - .. - - - - - .. - 5 - 0950017 ET AL 2016. The lands are identified as "Future Urban Residential Area" on Map 10-2. Residential development will not be permitted in areas subject to concentrated pollution, whether from noise, air, soil or water. Buffers or, where necessary, spatial separation shall be provided where schools, residential uses, and community facilities are in proximity to industrial uses, and between residential development and railroads, freeways and arterial roads, to the satisfaction of Council and in accordance with provincial guidelines. RESIDENTIAL The predominant use of lands designated Urban Residential within each neighbourhood shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. These include corner stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities shall be permitted in accordance with the relevant policies of this Plan and the Official Plan. Home-based occupation uses are permitted as an accessory use to a residential dwelling subject to the following criteria: a) the use shall not change the residential character of the structure and is completely contained within the dwelling unit, excluding garage space; b) the use does not exceed the equivalent of 30% of the habitable area of the residence; c) there is no exterior display of merchandise or outside storage of goods or materials associated with said use and signage shall comply with the provisions of the Sign By-law, as amended from time to time; d) the use is not a public nuisance due to noise, glare, dust, odours, vibration, hours of operation, interruption of communication signals, or traffic generation; 10.3.5.3 10.3.5.4 10.3.5.5 IIIIJI - 6 - 0950017 ET AL ... e) employees are limited to those residing in the dwelling unit plus one additional person; and .. 1) there is adequate off-street parking. Within the lands designated Urban Residential, there are three density categories. The density standards, predominant housing forms and locational criteria for Low, Medium and High Density Residential development are contained in Table 10-1. .. .. ... Table 10-1 Residential Density Standards Density Net Predominant Maximum General Category Density Housing Forms Height Locational (units per Criteria net ha) Low 10 - 30 Single Detached 2.5 GeneralIy internal to Density Semi-DetachedlLink Storeys neighbourhoods Duplex Medium 31 - 60 Townhouses 4 Storeys Within Central Density Triplex/Quadruplex Areas, adjacent to Low Rise Apartments arterial roads, or Mixed Use within a 100m of developments arterial/colIector road intersection High 61 - 100 Medium Rise 6 Storeys Density Apartments Adjacent to Type A Mixed Use or B arterial roads Developments ... .. IIIIJI .. ... ... ... The predominant housing forms identified in Table 10-1 are general and do not preclude similar or innovative housing forms which meet the intent of this Plan. ... Proposed plans of subdivision should generally provide a mixture of housing forms and densities. Housing targets for each neighbourhood, identified on Table 10-2, are a general guideline for the distribution of housing units. ... .. .. alii ... .. - - .. - - - ... - - - - - - ... - - - - - 7 - 0950017 ET AL Table 10-2 Housing Targets by Neighbourhoods Housing Units Urban Area Neighbourhoods Residential Areas Central Areas Intensifi- Total cation Low Medium High Medium High Courtice N9 Penfound 150 50 0 0 0 10 210 N11 Bayview 975 250 50 0 0 50 1325 10.3.5.6 The location and distribution of housing targets is subject to the following provisions: a) the approximate location of medium and high density residential areas is indicated by the symbols "M" and "H" respectively on Map 10-2; b) the allocation of housing units within each medium and high density residential areas will generally be based on an equal share of the total units in each density category indicated on Table 10-2; and c) intensification housing units encompass all density types and include apartments-in-houses and garden suites. 10.3.5.7 Medium and high density residential development will be reviewed on the basis of the following site development criteria: a) the site is suitable in terms of size and shape to accommodate the proposed density and building form; the proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks, shadowing, and the location of parking and amenity areas; b) c) adequate on-site parking, lighting, landscaping and amenity areas are provided; d) the impact of traffic on local streets is minimized; e) townhouses sited on blocks shall generally not exceed 50 units; ... - 8 - 0950017 ET AL .. f) ... street townhouses shall generally not comprise more than 6 attached units; and g) ... street townhouses shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. IIIIJI 10.3.5.8 A minimum of 30 % of all new residential units shall be affordable housing as defined by Provincial affordability criteria. Where feasible, housing opportunities which are affordable to low income households will be provided. .. ... 10.3.5.9 One apartment-in-house is permitted in a detached or semi-detached house in urban residential areas subject to the following: WI a) one parking space per apartment; . b) structural suitability of building to accommodate alterations for an additional unit; and ... c) compliance with building and fire regulations and other municipal regulations, including registration. ... 10.3.5.10 Two heritage houses have been identified and indicated on Map "10-2". It is the intent of Council to ensure the conservation of these structures and the appropriate integration of adjacent residences. Council may require the preparation of elevations, axonometric drawings or require site plan control for adjacent lands to review the context, scale and design of proposed development adjacent to these houses. ... ... ... 10.3.5.11 Future Urban Residential Areas are those lands not required for residential purposes within the time frame of the Clarington Official Plan. Detailed land uses have not been determined. At such time that additional residential lands are determined to be required as part of a comprehensive review of the Official Plan, appropriate planning studies shall be undertaken and this Plan shall be amended to incorporate detailed land uses, population allocations and neighbourhood boundaries. ... WI 10.3.5.12 The lands designated Future Urban Residential Area shall only be used for agricultural purposes. However, Council may consider other interim uses provided that such uses: ... ... .. .. - - - .. - .. 10.3.6. 10.3.6.1 - - .. 10.3.6.2 ... 10.3.6.3 - - - - - - - - - - 9 - 0950017 ET AL . are not capital intensive · do not require municipal services · do not adversely impact any natural features . do not jeopardize the orderly future development of the lands for urban uses. NE~HBOURHOODCOMMERC~L A Neighbourhood Commercial Area is identified on Map 10-2. This area shall be developed to provide items or services of daily necessity for the residents of the surrounding neighbourhoods and may include community and residential uses. A variety of building forms may be built including a small plaza, free- standing stores and offices, and street-related mixed use b'Jildings. The maximum amount of gross leasable floor area for retail and personal service uses shall not exceed 1,000 square metres. In the review of development applications, the urban design principles for Residential Neighbourhoods and the following site development criteria shall be implemented: a) a floor space index for retail uses on any site not exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey residential uses; c) a maximum of 300 square metres of gross leasable floor area for any individual store; d) the provision of direct pedestrian street access to some stores in each development; e) land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and landscape treatment; 1) high quality landscape treatment shall be provided; 10.3.7. 10.3.7.1 10.3.7.2 10.3.7.3 10.3.7.4 .. - 10 - 0950017 ET AL .. g) building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; .. .. h) refuse collection areas will be internal to buildings; i) .. loading areas and refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or the rear of the building; and ... j) no open storage is permitted; SCHOOLS ... Future school sites identified on Map 10-2, are intended to be approximate. The actual location and type of school may vary with the consent of both School Boards and without amendment to this Plan. ... The minimum site area for future elementary schools should be approximately 2.5 hectares. Where an elementary school site is located adjacent to a neighbourhood or community park, the site area may be reduced subject to the approval of the respective school board. ... ... The minimum site area for the future secondary school site should be approximately 6 hectares. Where a secondary school site is located adjacent to a community park, the site area may be reduced subject to the approval of the respective school board. ... - Schools will be sited and designed to provide a visual and functional focus for neighbourhood activity. Schools shall be sited in consideration of the following: ... a) elementary schools generally located on collector roads and secondary schools generally located on arterial roads but in no case will a school have frontage on or access to a Type A arterial road; - ... b) safe pedestrian and bicycle routes for students which minimize the need for school crossing guards; and ... c) the provision of a minimum of 25% of the site perimeter as street frontage, wherever possible. ... III III - - 11 - 0950017 ET AL .. - 10.3.8 PARKS 10.3.8.1 The predominant use of lands within the parks system shall be for active ... and passive recreational and conservation uses. Buildings and structures accessory to the permitted uses are also permitted. - 10.3.8.2 The following policies apply to the provision of parkland in the Secondary Planning Area: - a) the park system will connect with the Open Space System wherever possible utilizing trails, bicycle paths, walkways, sidewalks, and utility corridors and/or open space corridors; - b) where active recreational facilities are adjacent to residential areas, - consideration should be given to alleviating adverse noise, visual and lighting impacts including the location and buffering of buildings and parking facilities; .. c) parks will be located as central as possible to the areas which they serve; - d) physical means of access shall be provided on two sides of all municipal parks; .. e) street frontage shall generally not be less than 25% of the park perimeter; and .. f) the development of parks will be considered in association with school sites in order to facilitate the joint use of ~thletic and outdoor .. education facilities. 10.3.8.3 The park functions and facilities required for the Secondary Planning Area .. are as follows: . Neighbourhood Parks designated on Map 10-2 shall serve the active and passive recreational needs of surrounding residents. Neighbourhood Parks shall be provided at 0.8 hectares per 1,000 persons of a size between 1 to 3 hectares depending on the potential for shared school facilities. - .. . Parkettes designated on Map 10-2 are required wherever the Municipality deems it necessary to augment or adjust the park requirements of any neighbourhood. - - - 10.3.9 10.3.9.1 10.3.9.2 10.3.9.3 10.3.9.4 10.3.9.5 10.3.9.6 .. - 12 - 0950017 ET AL IIIlI . Community Parks are intended to serve the recreation needs of a series of neighbourhoods, providing outdoor and indoor recreation facilities. They shall serve a population of 15,000 to 25,000 persons. These parks shall have a size of between 8 to 12 hectares, be connected to the trail system and shall be provided at a standard of 0.6 hectares per 1,000 persons of population. A Community Park is not located within the Secondary Planning Area but will be served by a new Community Park in the vicinity as indicated in the Clarington Official Plan. ... ... IIIIJI ... ENVIRONMENTAL PROTECTION AREAS Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. ... - No development shall be permitted in Environmental Protection Areas, except passive recreation and uses related to erosion control and storm water management. IIIIJI Where the Environmental Protection Area designation corresponds to a stream valley it includes a development setback adjacent to the defined top-of-bank or a 15 metre setback for warm water streams, whichever is greater. The development setback shall be based on a stable slope and the sensitivity of the stream valley, and shall be determined in consultation with the Conservation Authority and the Province. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivisions or consents, lot lines shall not extend beyond the established setback. ... ... ... ... The extent of the Environmental Protection Areas designated on Map 10-2 is approximate only. The precise limits of these areas shall be detailed through the review of development applications and/or in consultation with the Conservation Authority. .. .. As a condition of development, development proponents shall enhance the natural state of the Robinson Creek by revegetating adjacent lands. Revegetation would include planting of trees and shrubs in consideration of enhancing fisheries and wildlife habitat potential. III The alteration to the natural state of watercourses and creeks is discouraged. However, any proposal to alter a section of a watercourse ... .. .. - - - - - 10.3.9.7 - - 10.3.9.8 - - - 10.3.10 - 10.3.10.1 - .. - - - - - - - 13 - 0950017 ET AL must maintain or improve its ecological state, and incorporate natural channel design features to the satisfaction of the Conservation Authority and the Municipality of Clarington. In addition, a greater width for the Environmental Protection Area land may be required to accommodate natural channel design features, stable slopes, vegetation and buffer areas. Young woodlands occupy portions of the Robinson Creek tributary flood plain and adjacent lands. This unit is comprised of vigourous young hardwoods and softwoods of high scenic quality, and in good biological health with a relatively high adaptability to disturbances. This stand of young woodlands is protected within the Environmental Protection Area designation associated with the Robinson Creek tributary. Consideration should be extended, wherever possible, towards preserving mature trees and woodlands which are outside of the Environmental Protection Area designation in order to fully derive benefits relating to microclimate, wildlife habitats, hydrology and scenic quality. In this regard, mitigation measures such as tree protection fencing, silt fence/sedimentation control, dust control, and protection of soil moisture regime shall be utilized during construction. URBAN DESIGN POLICIES Residential neighbourhoods shall be developed in accordance with the following urban design principles: a) Grid streets as the key element of the public realm providing a multiple use area for walking, cycling and motor vehicle use. Streets will be designed as high quality urban environments which encourage social interaction and provide multiple routes and connection to neighbourhood facilities. They will be utilized, wherever possible, to create view corridors and vistas of significant natural areas and public buildings. Street patterns should be oriented to provide for maximum passive solar gain. b) Public buildings and spaces, including schools, parks and places of worship, will be located on prominent sites with significant street frontage. Public buildings will be oriented to the street incorporating massing, detailing and entrance features that reinforce its importance as a neighbourhood facility. Public buildings and spaces will generally be centrally located to minimize walking distances and will be designed to be accessible to the physically handicapped. 10.3.11 10.3.11.1 .. - 14 - 0950017 ET AL .. .. c) Houses should be sited with a consistent setback to provide a human scale to the street. House designs should incorporate features such as prominent entrances and front porches to encourage social interaction and allow for views along the street. Garages should be sited so that they are not the dominant feature of the streetscape or the house. Higher density housing will be strategically located near arterial and collector roads to create a transit supportive development pattern. .. .. ... d) Natural features will be a key design consideration to ensure the protection of watercourses, valleylands, significant woodlots and wetlands and their ecological functions. Residential neighbourhoods will minimize grade changes, preserve mature trees and enhance open space linkages. Opportunities to provide views of natural features and the waterfront should be incorporated I wherever possible. ... ... e) Cultural heritage features will provide context for new development. Heritage buildings will be incorporated in a sensitive manner. ... ... f) Public safety and security will be considered in all new development, including opportunities for visibility of public spaces in the design and siting of buildings, adequate lighting, multiple walking routes and opportunities to control potential speeding of motor vehicles. .. ... g) Development along arterial roads will be designed to provide a high quality urban environment with views of housing, street trees and landscape elements. Reverse lotting and acoustical fencing is generally not permitted. ... ... TRANSPORTATION ... General Policies The road network will be based on a grid system which reinforces and complements the land use patterns of this Plan. The location of new arterial roads and new collector roads are approximate. The exact alignment shall be determined either through municipal studies or the consideration of development applications. .. .. IIIIllI .. - - - - - .. .. - - - :" - .. .. .. .. - - - - - 15 - 0950017 ET AL 10.3.11.2 The Municipality, in conjunction with the Regional Municipality of Durham, will endeavour where feasible, to reserve or obtain the necessary rights-of- ways indicated in this Plan. Privately owned land required to meet the desired right-of-way widths shall be acquired by the Municipality through dedication as a condition of subdivision, condominium, land severance or site plan approval. 10.3.11.3 Roads in the Municipality shall be classified and maintained on the basis of their function and design as arterial roads, collector roads and local roads. The right-of-way width for a public road shall allow for the placement of utilities, municipal services, cycling lanes, sidewalks and landscaped boulevards where required. 10.3.11.4 Construction of any part of the transportation system shall be in accordance with the ability of the authority having jurisdiction to finance such infrastructure. In addition, road construction shall meet the overall growth management policies of this Plan and shall be in accordance with the Municipality's Capital Works Program and Development Charges Policies. 10.3.11.5 Deviations to standard design criteria for roads under the jurisdiction of the Municipality may be permitted to accommodate alternative design standards approved by the Municipality. Arterial Roads 10.3.11.6 Arterial roads are under the jurisdiction of the Region of Durham or the Municipality. The arterial roads shown on Map B are classified as follows: . Type A Arterial Roads are designed to efficiently move large volumes of traffic at moderate to high speeds over relatively long distances. Such roads provide the highest level of service and vehicle operating speeds relative to other types of arterial roads and generally extend beyond the Municipal boundaries. Type A arterial roads shall have a right-of-way width ranging from 36 to 50 metres. The desired operating speed is 70 kmlhr in urban areas and 80 kmlhr in rural areas. . Type B Arterial Roads are designed to move significant volumes of traffic at moderate speeds from one part of the municipality to another. Such roads provide a moderate level of service and vehicle operating speeds relative to other types of arterial roads and may extend beyond the Municipal boundaries. Type B arterial roads ... - 16 - 0950017 ET Al .. shall have a right-of-way width ranging from 30 to 36 metres. The desired operating speed is 60 km/hr in urban areas and 80 km/hr in rural areas. ... IIIIJI . Type C Arterial Roads are designed to move lower volumes of traffic at slower speeds over relatively short distances. They shall have a right-of-way width ranging from 26 to 30 metres. The desired operating speed is 50 kmlhr. IIIIJI 10.3.11.7 Arterial roads shall be designed in accordance with the requirements of the Durham Regional Official Plan and the following principles: IlIli ... a) provide full continuous movements; b) limit private access in accordance with Section 10.3.11.8; .. c) provide for public transit vehicles and transit stops; .. d) provide sidewalks on both sides; and e) provide for cycling where possible. ... 10.3.11.8 Private access to arterial roads shall be permitted in accordance with Table 10-3 subject to the approval of the authority having jurisdiction. .. Table 10-3 Arterial Road Access Standards TYPE A One access every 200 metres of road TYPE B One access every 80 metres of road TYPE C In Central Areas, commercial areas and Employment Areas, one access every 30 metres. In Residential Areas, access is generally discouraged except for apartment! townhouse blocks ... ... ... ... .. .. .. .. .. -17 - 0950017 ET AL - - 10.3.11.9 New Bloor Street - It is the policy of this Plan that Bloor Street will be realigned and constructed as New Bloor Street shown on Map 10-2 from Bruntsfield Road east to intersect with Prestonvale Road and shall be classified as a Type A Arterial Road. The roadway of New Bloor Street will be widened when considered necessary by Council from Bruntsfield Road west to intersect with Townline Road. The widening and construction of New Bloor Street shall be staged as determined to be appropriate by Council. Intersection improvement will be undertaken for those intersections shown on Map 10-2. - - - - The Municipality will request the Regional Municipality of Durham to reconstruct the intersections of new Bloor Street with Townline Road and Prestonvale Road when reconstruction is considered necessary by the Region. It is the intent of this Plan that the Region will assume New Bloor Street as a Regional Road when it has been widened and constructed from Townline Road to Prestonvale Road. - 10.3.11.10 Old Bloor Street - ... It is the policy of Council to request the Regional Municipality of Durham to transfer Old Bloor Street shown on Map 10-2 to the Municipality when New Bloor Street is assumed by the Region. However, subject to construction of New Bloor Street in its entirel\ including the reconstruction of the intersections at Townline Road and Prestonvale Road, Old Bloor Street shall be reconstructed to a Local Road standard, provided that the road authority may permit reconstruction to be undertaken in stages. It is the policy of the Municipality not to permit development of lands abutting and fronting onto Old Bloor Street until Old Bloor Street has been reconstructed to a Local Road standard, and for that purpose will enact a Holding Zone By-law applicable to such lands. - - ... Collector Roads - 10.3.11.11 Collector roads are under the jurisdiction of the Municipality and are designed to move moderate volumes of traffic over short distances within a particular area of the Municipality. The primary function of a collector road is to collect and distribute traffic among local roads, collector roads, arterial roads and major traffic generators. - - 10.3.11.12 Collector roads shall be designed in accordance with the following principles: - - IIIIJI - 18 - 0950017 ET AL .. a) provide reasonably continuous movements; ... b) c) minimize the number of private accesses; .. incorporate methods to prevent speeding without compromising continuous movement; IIIIJI d) provide sidewalks on both sides; e) provide for public transit vehicles and transit stops; ... f) provide for cycling where possible; and ... g) have a right-of-way width between 23 and 26 metres. ... Local Roads 10.3.11.13 Local roads are generally not shown on Map 10-2 except for reference - purposes. The function of such roads is to carry lower volumes of traffic and to facilitate access to individual properties. ... 10.3.11.14 Local roads shall be designed according to the following principles: a) designed on the basis of a grid street system and may be modified ... only where there are physical constraints; - b) direct connection to Type Band C arterial roads may be permitted provided such intersections do not affect the operating conditions of the arterial road; .. c) cul-de-sacs are generally not permitted; IIIIJI d) sidewalks on both sides of local roads are encouraged where warranted; and ... e) the right-of-way width shall generally be 20 metres. 10.3.11.15 In order to plan for and encourage walking and cycling, the Municipality .. will: a) consider the provision of safe and convenient cycling and walking routes in the review of all new development and redevelopment applications; IiIIlIi .. .. - - 19 - 0950017 ET AL - - b) investigate and provide for bicycles wherever possible in the construction or reconstruction of roads; - c) encourage and support measures which will provide for barrier-free design of pedestrian facilities; and - d) require the provision of bicycle stands as a condition of approval of site plan applications. - 10.3.12 STORM WATER MANAGEMENT - 10.3.12.1 Storm water management measures must be incorporated to mitigate the impacts of development on water quality and quantity, consistent with the Robinson Creek Master Drainage Study. - ... 10.3.12.2 Any development application for a plan of subdivision or site plan shall be accompanied by a storm water implementation report. The. report will indicate how the approved master drainage plan will be implemented on the site of the proposed development in accordance with Best Management Practices and will address the following: - · pre-development and post-development discharge - . groundwater infiltration and baseflow maintenance · storm water management facilities required .. · erosion and sedimentation controls ... . proposals for mitigating any water pollution · site grading. - - 10.3.12.3 Storm water management facilities may be located in any land use designation but generally shall not be permitted on lands designated Environmental Protection Area. However, the storm water pond to service the South-West Courtice lands is indicated on Map 10-2. The exact location shall be approved by the Municipality in consultation with the Province and the Conservation Authority. - - 10.3.12.4 The design of storm water management facilities, including ponds and channels, shall ensure: - - 10.3.13 10.3.13.1 d) ... - 20- 0950017 ET AL .. · appropriate access for maintenance purposes .... . adequate setbacks from adjacent property lines IIIIJI · no threat to public safety · high quality landscaping including, where possible, enhancement of natural features and the use of natural designs ... · possibility for habitat enhancement ... . opportunities for passive recreation. .. GROWTH MANAGEMENT AND PHASING In considering an application for approval and phasing of residential development in urban areas, including draft plans of subdivision, the Municipality shall seek to ensure: - IIIIJI a) the sequential development of neighbourhoods and the prevention of "Ieap-frogging" of vacant lands; ... b) c) development in or adjacent to Main or Sub-Central Areas; ... the economical use and extension of all infrastructure and services; and ... increased density for new neighbourhoods having regard for proposed measures to integrate existing residential areas with such neighbourhoods. ... 10.3.13.2 In the approval of a draft plan of subdivision, the Municipality will recommend appropriate conditions to implement the policies of Section 10.3.13.1. In addition, final approval for registration of any plan of subdivision, in whole or in part, shall be in accordance within the phasing plan required under Section 10.3.13.3. .. ... 10.3.13.3 A phasing plan shall be prepared by the applicant for approval of plans of subdivision of the lands to which this Plan applies. It shall be submitted to the Municipality for its consideration and, if appropriate, its approval with or without amendments to it being made. The phasing plan shall establish phases of development of the lands and shall provide for the staging of construction of public infrastructure and services in relation to phases of IIIIJI .. ... till .. - - 21 - 0950017 ET AL development. The phasing plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting amendments to the Zoning By- law and in recommending plans of subdivision for approval. - - 10.3.13.4 The Municipality may request proponents of major residential development to submit a Financial Impact Analysis in accordance with the terms of reference to be determined by the Municipality. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered to be premature and contrary to the intent of this Plan. - - 10.3.13.5 Council may declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following circumstances apply: - .. - - - - ... - ... 10.3.14 - 10.3.14.1 - - - a) the plan does not implement the principles contained in Section 10.3.13.1 ; b) the municipal wide non-residential assessment is less than 15 percent of total assessment; c) the capital works and services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works forecast as updated from time to time; or d) Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of services for those residents who would be accommodated in the proposed plan of subdivision as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. IMPLEMENTATION Plans of Subdivision The Municipality, through the subdivision and/or condominium plan approval process, will ensure that the policies of the Plan are complied with and that a high standard of design is maintained. ... - 22- 0950017 ET AL .. 10.3.14.2 In the evaluation of a subdivision proposal, Council shall require all applicable policies of this Plan to be complied with and shall impose conditions of approval, require financial guarantees and a development agreement to include, but not necessarily be limited to, the following matters: ... ... a) removal and stockpiling of top soil; ... b) preservation of trees in accordance with an approved tree preservation plan; ... c) preservation and/or relocation of heritage bUildings; d) proper construction management methods, particularly with respect to storm water run-off, recycling of construction refuse, dust and debris control; and ... .. e) routing of construction traffic. 10.3.14.3 'Nhere the development of a subdivision is being phased, the Municipality will generally require not less than 75% completion of building construction of a phase before the issuance of building permits for the subsequent phase. ... ... CaDital Works and DeveloDment Charaes ... 10.3.14.4 The lands within this Secondary Planning Area will be developed in accordance with the Growth Management policies contained in Section .. 10.3.13 of this Plan. All development shall be consistent with the Municipality's objective of providing municipal services in a cost-effective manner that shall ensure that development is not approved or developed ... prematurely so as to jeopardize the Municipality's financial ability to provide the capital works and services. 10.3.14.5 'Nhere a development proposal is contemplated to be serviced within the 10 year capital works and services program for development charge purposes, it does not necessarily mean the Municipality shall provide the said services or works to facilitate any development. .. .. 10.3.14.6 Notwithstanding Section 10.3.13.5(c), the Municipality may consider the provision of capital works and services by the proponents of development where such works are not in the 10 year capital works forecast provided that: .. .. a) it does not affect the development charge quantum; and .. ... - - 23- 0950017 ET AL - - b) it is permissable under the Development Charges Act. - 1 0.3.15 INTERPRETATION - 10.3.15.1 All Maps must be read in conjunction with the applicable policies of the text. All policies must be considered together to determine conformity. Individual policies shall not be read or interpreted in isolation. Unless otherwise specified, deviation from the provisions of the text and Maps will require an amendment to this Plan. - - 10.3.15.2 'Nhere examples of permitted uses are listed under any specific land use designation, they are intended to provide examples of possible uses. Other similar uses may be permitted provided they conform to the intent and all applicable provisions of this Plan. - .. 10.3.15.3 'Nhere the boundaries of various land use designations as shown on Map 10-2 coincide with physical features such as creeks, rail lines, roads and utility lines, or instruments such as lot and concession lines or property limits, these boundaries are meant to be exact. In the absence of any of the above, minor deviations to the boundary may be permitted without amendment provided such deviations do not alter the intent of this Plan. - - 10.3.15.4 Figures, measurements, and quantities contained in this Plan are meant to be approximate except unless otherwise specified. A flexible interpretation shall not be allowed for the purpose of convenience but may only be considered if warranted on valid planning grounds. However any deviation shall be minor and in no case, shall exceed 10%. .. - 10.3.15.5 The indication of roads, parks, schools and other services shall not be interpreted as being a commitment by the Municipality to provide such services at the planned location by a certain point in time. They are subject to detailed design and capital budget approval by Council or the School Boards on an annual basis. .. .. 10.3.15.6 Except as otherwise provided in this Secondary Plan, the provisions of the former Town of Newcastle Official Plan shall continue to apply to the lands to which this Secondary Plan applies. - 10.3.15.7 The definitions of terms contained in this Plan are as follows: - - - ... - 24- 0950017 ET AL .. Accessory Use - The use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot. .. Affordable Housing - Housing with market price or rent that is affordable to households of low or moderate income, which are households within the lowest 60% of the income distribution for the housing market area, as ... determined by the Provincial Government. Affordable in this context means annual housing costs do not exceed 30% of gross annual household income. .. IIIIJI Amenity Area - An interior area within a building or an outdoor area exterior to a building which is designed and intended primarily for the ... leisure and recreation of the occupants. Apartment-in-House - A self-contained second dwelling unit within a ... permitted residential dwelling created through converting part of or adding on to an existing dwelling unit. ... Buffer - An area intended to minimize potential conflict between land uses. Conservation - The management of resources in a way to maintain, restore, enhance and protect their quality and quantity for sustained benefit to people and the natural environment. .. .. Development - Means anyone of the following events: . The construction, erection, or placing of a building or structure; .. . The addition to or alteration of a building or structure; ... . The change in use or the increase in intensity of use of any building, structure, or premises; ... . Activities such as site-grading, excavation, removal of topsoil or peat, or the placing or dumping of fill; or drainage works, except for the maintenance of existing municipal and agricultural drains; and ... . The creation of a new lot and/or increase in the number of permitted units on a lot. IIIIJI lIIiIII .. .. - - 25- 0950017 ET AL - - - Development Charges - Refers to charges levied by the Municipality under the authority of the Development Charges Act on 'development' as defined under the Act and the Municipality's by-law. - Ecological Functions - in regards to natural features and functions, means the natural processes, products or services that plant and animal species and the non-living environment provide or perform that are necessary to the maintenance of the integrity of ecosystems. - - Ecosystem - Means systems of plants, animals, and humans together with the non-living components of their environment and related ecological processes. .. Environment - Refers to both the natural and man-made environments, which include air, soil, water, plant and animal life, social and cultural conditions, buildings or structures, or any combination thereof. - Flood Plain - The area of land adjacent to a watercourse that may be subject to flooding. - Floor Space Index (FSI) - The ratio of the total floor area of a building or buildings excluding enclosed parking areas, loading facilities and garbage rooms to the area of the lot on which the building or buildings are located. For example, a floor space index (FSI) of 2.0 would indicate that the total floor area of a building could be up to two times the area of the lot on which it is located. Floor space indices are meant to be exact. .. - .. Garden Suite - A self-contained, portable dwelling unit located in a side or rear yard of an existing residential property, designed to provide temporary residential accommodation for the care of an elderly, sick or disabled person. - Gross Leasable Floor Area - Means the total floor area, measured from exterior walls, excluding areas for mechanical services, public common areas, interior pedestrian walkways, enclosed parking areas and areas associated with institutional and residential uses. - - Habitat - Means areas of the natural environment upon which animal or aquatic wildlife, and plants depend for survival as self-sustaining populations, including land and water needed for protection, breeding, or food supply. .. - - .. - 26- 0950017 ET AL .. Home-based Occupation - Use of a residential property or farm for the purpose of conducting businesses including professional offices, personal services, instructional services, homecraft business, private day care, bed and breakfast, trades business excluding manufacturing and retail, repair services excluding small engines and vehicles. lIIIII lIIIII Infrastructure - The combination of public works and facilities including roads, transit terminals, municipal water and sewage systems, storm water systems, schools, hospitals, libraries, parks, community and recreation centres, and any other public projects. - ... Intensification - The creation of new residential units or accommodation in existing buildings or on previously developed and/or serviced land, generally including: - ... . creation of rooming, boarding, and lodging houses . creation of apartments-in-houses and garden suites . . conversion of non-residential structures to residential use ... . infill development on lots created through consent or plan of subdivision within the built-up portion of the urban area ... . redevelopment but does not include draft approved lots or vacant lots in registered plans of subdivision within developing greenfield areas. ... Massing - The overall bulk, size, physical volume, or magnitude of a building or structure. ... Mixed Use - A development comprised of a mix of land uses either in the same building or in separate buildings. The mix of land uses may include commercial, industrial, and/or institutional uses but must include residential dwellings. ... ... Net Density - The overall density of a site excluding public roads and widenings, public parks, non-developable land, school sites and similar public land areas. .. .. IlIli .. - - 27 - 0950017 ET AL .. - Personal Service Uses - Uses such as hair salons, dry cleaners, shoe repair, tailors, laundromats, travel agencies, photographers, veterinary clinics, fitness and health clubs, medical and dental offices, legal and real estate offices, financial and insurance offices, appliance repair shops and personnel agencies. .. - Redevelopment - Development of land where demolition or conversion of the existing structure is to take place, or has taken place. - Regulatory Flood - The standard used to define the flood plain limits for regulatory purposes based on Hurricane Hazel, a one hundred year flood, or subject to the approval of the Minister of Natural Resources, an observed flood event. - - Retail Uses - Uses where goods or merchandise is sold including convenience items, general merchandise, apparel, hardware, home furnishings, specialty retail, automotive products, home improvement products, liquor and beer and includes eating establishments and department stores. .. ... Significant - In regard to natural features and functions, ecologically important to the natural environment in terms of the amount, content, representation, or effect, thereby contributing to the quality and integrity of an identifiable ecological region or natural heritage system. Significance is based on criteria and guidelines established by the province or on comparable municipal evaluations. - - Stable Slope - means the angle a slope would achieve when erosion or human activities are absent. .. Streetscape - The visual appearance of a street formed by the location of physical features such as roads, buildings, walkways and landscaping. ... - Valleyland - Lands within a depression along either side of a watercourse as determined from top-of-bank plus any applicable buffers as required for slope stability. .. Wildlife Habitat - means areas of the natural environment where plants, animals, and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific - - .. .. - 28 - 0950017 ET AL ... .. wildlife habitats of concerns may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory and non-migratory species. .. ii) Amend 'Schedule 6-1 - Courtice Secondary Plan' as indicated in Exhibit 'A' to this Amendment. - iii) Amend 'Schedule 6-2 - Environmental Sensitivity' as indicated in Exhibit '8' to this Amendment. ... iv) Amend 'Schedule 6-4 - Transportation Network' as indicated in Exhibit 'C' to this Amendment. IIIIJI v) Add 'Schedule 10-2 - Land Use: South-West Courtice Neighbourhood Secondary Plan' as indicated on Exhibit '0' to this Amendment. - .. ... ... ... .. ... ... .. .. . IIIlI - 29 - 0950017 ET AL EXHIBIT "A" TO AMENDMENT +59 . . TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE .. .. ... .. INDICATE TOWNLlNE ROAD EXTENSION ... ... - .. - ... - ... ... ... .. ... ... EXTEND URBAN AREA BOUNDARY ... .. ADJUST ALIGNMENT OF COLLECTOR ROADS ADO ROADS ADD II NEW II BLOOR STREET DESIGNATE AS I LANDS SUBJECT TO SECONDARY PLAN II SCHEDULE 6-1 LAND USE - COURTICE ~~ RESIDENTIAL ~ 9(.~ . HAZARD LAND ~ MAJOR OPEN SPACE ~ WITH HAZARD LAND ~ LANDS SUBJECT TO ~ SECONDARY PLAN @ PUBLIC ELEMENTAR.Y SCHOOL @ SEPARATE ELEMENTARY SCHOOL @ PUBLIC SECONDARY SCHOOL @ NEIGHOURHOOD PARK @ COMMUNITY PARK .. .~ TRANSPORTATION NETWORK ~. _ NEIGHBOURHOOD BOUNDARY 1__= URBAN AREA BOUNDARY - 30 - o 0017 ET AL IIIIiI EXHIBIT "B" TO AMENDMENT +59 TO ,THE OFFICIAL PL,AN OF THE FORMER TOWN OF NEWCASTLE ... i ( ',\ ,11.' . ( " -,I _0 .~ :.. ~ .1. t . " , , '--- . ...... ... "'i . .... I&J Z -' Z . ~ r ,1 cu ..J f z ~ fa f +-~ .....-- ;, ". : \ I J . I ,\~' . . -'.~. . j <..:. III 'i'~" ~ '., ,- 0 .,:'--;1 o ,. ,0 l}' I . . ........ ....... '. ;1.: I' BLOOR - ~ Urban Area B\XInaary .. Major Open Space l1li Sys tem And Env i ronmen ta II y Sensitive Areas I ' ., .; .. - , .. .. ADJUST ALIGNMENT OF BLOOR STREET EXTEND URBAN AREA BOUNDARY ... .. ... IIIIiI 00 . ... ... IIIIJI ....t en -' -' :;) ~... 0::' ; ~ ~ ... ... ... j... IIIIJI ... .. ... ~ Environmentally ~Sensitive Areas .. ....... Soil Contamination ..... Assessment Area ... ... - 31 - 0950017 ET AL - EXHIBIT "c" TO AMENDMENT #59 TO ,THE OFFICIAL Pl.AN OF THE FORMER TOWN OF NEWCASTLE - .. :z: HIGHWAY N~ 2 to- :;) - ~ . . . ....~... Q . . ex . '. . 0 . . . cr . . - . . . . w . . z . . . . :J . . . z . . ~ . , 'I--. .. . 0 . to- . . I . . . .. . . ADJUST ALIGNMENT . .. . . OF COLLECTOR ROADS . . . . , . .. . . .~ - REDESIGNATE FROM DESIGNATE AS COLLECTOR ROAD TO LOCAL ROAD .. TYPE B ARTERIAL - -- -.... .. / ADD TYPE C ARTERIAL I \ I .. \ ADD COLLECTOR ROADS - ... - _ ~~~~~~~E~~~~~~~'O __ URBAN AREA BOUNDARY TYPE A ARTERIAL ROAD TYPE B ARTERIAL ROAD ____ TYPE C ARTERIAL ROAD COLLECTOR ROAD _.. LOCAL ROAD - - - - 32 - 0950017 ET AL .. EXHIBIT "0" TO AMENDMENT No. 59 .. TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE .. lIIiII .. - - - PI.ANNlNG /1MA BOUNDARY ~ f\J1URE URIAH RESIlENllAL c:=J LOW oo.SlTY RESIllEHllAL ... l.'...................'......j WEDIIAI DENSITY RESlDENllAL .............. @ _ ItGH DENSITY RES1DENllAL ~ NEIGHBOURHOOO PARK .. . . ~ PARICETlt . . ~ DMRONWENTAL .~;o ..~ PROlECllON ARE.A ~ STORM WATER rAClUTY ... ~ PUBUC SECONDARY SCHOOl ~ PUBUC EllWENTARY SCHOOl ~ SEPARAlE ... ELa.lENTARY SCHOOl IimIi CON'taIENCE OClWYERaAL ~:--.....] UlIUllES .....-..--- @ .. HERITAGE HOUSE ARTERIAL ROADS nPE A -l ARlERlAL ROADS nPE B ... - - - ARlERlAL ROADS nPE C -------.- CCXJ.EC'R)R ROADS . STREET DESlGNA l10N ... ~ AO.lOURNED BY ONTARIO IilONIQPAL BOARD .. I.OCAI. ROAD ACCESS ,'-, I I IN1ERSEC11ON IlPR<MJoIENT ... '..._,,1 · ..-......... PEDES'lRlAN AND IIlCYCl..E ROUTES .. BA.SEUNE ROA.D - lIIIiII ~lEOO~ 'lI@"~ ~lQ) ~ .. SOUTH-WEST COURTICE SECONDARY PLAN III .. - - 0950017 ET AL SCHEDULE "2" - - (To rezone land within draft Plan of Subdivision 18T -89037) - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-170 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. - The Ontario Municipal Board amends By-law 84-63, as amended, of the Municipality of Clarington as follows: - 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, tne following new Special Exceptions 12.4.41 and 12.4.42 as follows: - "12.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE - - Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detachedllink dwelling in accordance with the following zone regulations: a) Lot Frontage (minimum) - i) ii) Interior Lot Exterior Lot 18.0 metres 21.3 metres - b) Yard Requirements (minimum) - i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport - - - .. - 2 - 0950017 ET AL .. 3.0 metres without attached private garage or carport .. III iii) Exterior Side Yard 4.5 metres iv) Rear Yard ... 7.5 metres c) Building Height (maximum) 10.5 metres" .. "12.4.42 URBAN RESIDENTIAL TYPE ONE (R1-42) ZONE Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." ... ... 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: ... "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE ... Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: ... a) lot Area (minimum) 310 square metres .. b) lot Frontage (minimum) ... i) ii) Interior lot Exterior lot 10.5 metres 13.8 metres ... c) Yard Requirements (minimum) i) Front Yard ... 6.0 metres to attached private garage or carport ... 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport lIII iii .. .. - 3 - 0950017 ET AL - - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport - - iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres - d) Building Height (maximum) 10.5 metres" - "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE - Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: - a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) - i) ii) Interior Lot Exterior Lot 12.0 metres 15.3 metres - c) Yard Requirements (minimum) - i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport - iii) Exterior Side Yard 4.5 metres - iv) Rear Yard 7.5 metres - - III - 4 - 0950017 ET AL ... d) Building Height (maximum) .. 10.5 metres" "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE .. Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached ... dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 430 square metres ... b) Lot Frontage (minimum) i) ii) Interior Lot Exterior Lot ... 13.5 metres 16.8 metres c) Yard Requirements (minimum) ... i) Front Yard '6.0 metres to attached private garage or carport ... 4.5 metres to dwelling ... ii) Interior Side Yard 1.2 metres with attached private garage or carport ... 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport ... ... Hi) Exterior Side Yard 4.5 metres iv) Rear Yard ... 7.5 metres d) Building Height (maximum) 10.5 metres" - 3. "14.6.17 URBAN RESIDENTIAL TYPE THREE (R3-17) ZONE Notwithstanding the provisions of Sections 2, 3.1(a), (b) and (f), 14.1 and 14.2, those lands zoned R3-17 on the schedules to this By-law shall only be used for a street townhouse dwelling in accordance with the following definitions and zone .. regulations: .. IIIIi1I ... - - 5 - 0950017 ET AL - - a} Definitions ARTERIAL ROAD - Shall mean an improved public street with a right-of-way width of 26 metres or greater. - LOCAL ROAD - Shall mean an improved public street with a right-of-way width of 20 metres or less. - FRONT LOT LINE - For the purposes of this Special Exception, front lot line shall mean the line dividing the lot from the arterial road. In the case of a lot having frontage on two arterial roads, the shorter lot line abuttil1g the arterial road shall be deemed the front lot line. - REAR LOT LINE - - The lot line dividing the lot from a local road shall be deemed the rear lot line. In the case of a lot having frontage on two local roads, the shorter lot line abutting the local road shall be deemed the rear lot line. ;., b} Regulations .. i} Lot Area (minimum) 200 square metres .. ii} Lot frontage (minimum) - a} b} Interior Lot Exterior Lot 6.0 metres 10.5 metres - iii} Yard Requirements a} Front Yard 4.5 metres - b) Interior Side Yard 1.5 metres, nil where the building has a common wall with any dwelling on - - - .. - 6 - 0950017 ET AL .. .. an adjacent lot located in the R3-17 zone .. c) Exterior Side Yard 4.5 metres d) Rear Yard 18.0 metres .. iv) Building Height (maximum) 10.5 metres IIIIJI c) Special Building Regulations Notwithstanding 3.1 (a) no accessory structures are permitted in the R3-17 zone except detached private garage subject to the special regulations contained herein. ... Notwithstanding 3.1(b) and (1) a detached private garage shall have a minimum 6.0 metre setback to the rear lot line and must have a minimum separation from the main dwelling of 5.0 metres. The side yard setback shall be a minimum of 0.6 metres, nil where the detached private garage has a common wall with another private garage on an adjacent lot located in the R3-17 zone." .. ... 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ... ... "Agricultural (A)" to "Urban Residential Type One (R1)" "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" ... "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" ... "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11)" ... "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" ... "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" ... "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" .. .. .. .. - 7 - 0950017 ET AL - - "Agricultural (A)" to "Holding - Urban Residential Type Three - Special Exception ((H)R3-17)" - "Agricultural (A)" to "Environmental Protection (EP)" Schedule "A" attached hereto shall form part of this By-law. 5. - - 6. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. - ... - - - - - - - - - - - - 8 - 0950017 ET AL This is Schedule "P:' passed this 20th day to By-law 96- 170 . 1996 A.D. .. . of SEPTEMBER ... LOT 35 OlD BLOOR STREET f COURTICE _' ZONING CHmGE FROM -A- TO -R1- ~ ZONING CHmGE FROM ~ -A- TO -(H)R1-41- ~ ZONING CHmGE FROM B1mI -A- TO -R 1-42" I' .'..... . c"l ZONING CHmGE FROM : .. c. "A,- TO -(H)R2-11- ~. ZONING CHANGE FROM ~ -A- TO -(H)R2-12" ... '....;.:~~.;.: w:x......... :.-::''':l.W:. !l!";Z'. '.'.';~.."'" .-::.vr....-:. ..........71..... ,,,y,.;: .:.!i.:.~:.:~, .. ... ... ... ... .. ... - ... ~:'":'::) ZONING ~GE FROM ~:."::!-."~ii -A- TO -(H)R2-13" ~ ZONING CI-WJGE FROM ~ -A- TO -(H)R3" _ZONING CHANGE FROM -A- TO e(H)R3-11' ~ ZONING CHANGE FROM ~ eA- .TO eEl'" _ ZONING TO REMAIN e A- IIIlI III Ontario Wunldpal Boord ... - 0950017 ET AL - SCHEDULE "3" - .. . (To rezone land within draft Plan of Subdivision 18T-95023) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW NUMBER 96-171 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. - The Ontario Municipal Board amends By-law 84-63, as amended of the Municipality of Clarington as follows: - 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: - - "12.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE - Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detachedllink dwelling in accordance with the following zone regulations: - a) Lot Frontage (minimum) - i) ii) Interior Lot Exterior Lot 18.0 metres 21.3 metres b) Yard Requirements (minimum) - i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport - - - IIIIJI ~ 2 - 0950017 ET AL .. .. 3.0 metres without attached private garage or carport .. iii) Exterior Side Yard 4.5 metres IIIIJI iv) Rear Yard 7.5 metres c) Building Height (maximum) 10.5 metres" .. "12.4.42 URBAN RESIDENTIAL TYPE ONE (R1-42) ZONE ... Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." .. 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: .. "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE ... Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: ... a) Lot Area (minimum) .. 310 square metres b) Lot Frontage (minimum) ... i) ii) Interior Lot Exterior Lot 10.5 metres 13.8 metres ... c) Yard Requirements (minimum) .. i) Front Yard 6.0 metres to attached private garage or carport .. 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport III IIIlI IIIIiII .. - 3 - 0950017 ET AL .. .. 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport .. iii) Exterior Side Yard 4.5 metres .. iv) Rear Yard 7.5 metres - d) Building Height (maximum) 10.5 metres" .. "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE - Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: - a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) .. i) ii) Interior Lot Exterior Lot 12.0 metres 15.3 metres - c) Yard Requirements (minimum) .. i) Front Yard 6.0 metres to attached private garage or carport .. 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport - - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport .. iii) Exterior Side Yard 4.5 metres - iv) Rear Yard 7.5 metres - .. .. - 4 - 0950017 ET AL III .. d) Building Height (maximum) 10.5 metres" "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE ... Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: ... a) b) Lot Area (minimum) 430 square metres ... Lot Frontage (minimum) ... i) ii) Interior Lot Exterior Lot 13.5 metres 16.8 metres .. c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport ... ... 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport ... 3.0 metres on one side anad 1.2 metres on the other side without attached private garage or carport .. ... iii) Exterior Side Yard 4.5 metres ... iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" ... 3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: .. "Agricultural (A)" to "Urban Residential Type One (R1)" IIIlI III .. - - - - - - - ... - - - ... - ... - - - - - - 5 - 0950017 ET AL "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" "Agricultural (A)"to "Holding - Urban Resid~ntial Type Three ((H)R3)" "Agricultural (A)" to "Holding - Urban Residential Type Four ((H)R4)" 4. "Agricultural (A)" to "Environmental Protection (EP)" Schedule "A" attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. '. ' - 6 - L ... This is Schedule tell: to By-law 96- I'll . passed this 20th day of SEPTEMBER . .1996 A.D. .. "'; .. .. mEET . (f' ... ... "'oJ . .,. ... ~ ~ 0 "'- ~ .. '" '" ~ ~ 4t ~ ... ~ ~ ... ... ;( _ZONING CHANGE moM .A. TO "R1. ~ ZONING CHANGE FROM ~ .A.. TO .(H)R1-41. ~ ZONING CHANGE FROM ~ .A. TO "R1-42" I............ .....1 ZONING CHANGE FROM ..............................,....... ..... ~O .(H)R2 11. ................... t'\ I' - IiiRI ZONING CHANGE FROM ~ .A. TO .(H)R2-12" b.::~::.:':.:1 ZONING CHANGE. FROM .~,:..::E..:..~ .A- TO .(H)R2-13" ~ ZONING CHANGE FROM ~ .A- TO .(H)R3" _ZONING CHANGE FROM .A. TO .(H)R4" m-.m ZONING CHANGE FROM ~ .A- TO "EP" _ ZONING TO REMAIN -/\ I ... r ... ... COURTlCE ... .. .. .. Ontarlo Municipal 80anI .. - - 0950017 ET AL - SCHEDULE "4" - (To rezone land within draft Plan of Subdivision 18T -95026) - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-172 ... being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. - The Ontario Municipal board amends By-law 84-63, as amended, of the Municipality of Clarington as follows: - 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: - "12.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE - .. Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detached/link dwelling in accordance with the following zone regulations: .. a) Lot Frontage (minimum) - i) ii) Interior Lot Exterior Lot 18.0 metres 21.3 metres b) Yard Requirements (minimum) ... i) Front Yard 6.0 metres to attached private garage or carport - 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport - - .. .. - 2 - 0950017 ET AL .. .. 3.0 metres without attached private garage or .. carport iii) Exterior Side Yard \ 4.5 metres .. iv) Rear Yard 7.5 metres c) Building Height (maximum) 10.5 metres" IIIIJI "12.4.42 URBAN RESIDENTIAL TYPE ONE (R1-42) ZONE IIIIJI Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." III 2. Section 13.4 "SPECIAL EXCEPTION - UReAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: III "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE ... Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- IIIIJI 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) lot Area (minimum) ... 310 square metres b) lot Frontage (minimum) ... ') ii) Interior lot Exterior lot 10.5 metres 13.8 metres ... c) Yard Requirements (minimum) i) Front Yard ... 6.0 metres to attached private garage or carport IlIIiII 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport .. .. .. - - 3 - 0950017 ET AL - - - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport - iii) Exterior Side Yard 4.5 metres - iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" - "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE - Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall pnly be used for a single detached dwelling in accordance with the following zone regulations: .. a) Lot Area (minimum) 370 square metres .. b) Lot Frontage (minimum) .. i) ii) Interior Lot Exterior Lot 12.0 metres 15.3 metres - c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport .. 4.5 metres to dwelling - ii) Interior Side Yard 1.2 metres with attached private garage or carport - - 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport - iii) Exterior Side Yard 4.5 metres - - .. - 4 - 0950017 ET AL .. iv) Rear Yard 7.5 metres ... d) Building Height (maximum) 10.5 metres" .. "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE ... Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: ... a) Lot Area (minimum) 430 square metres .. b) Lot Frontage (minimum) i) ii) .. Interior Lot Exterior Lot 13.5 metres 16.8 metres .. c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport IIIIJI 4.5 metres to dwelling .. ii) Interior Side Yard 1.2 metres with attached private garage or carport ... 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport .. ... iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres ... d) Building Height (maximum) 10.5 metres" .. "13.4.14 URBAN RESIDENTIAL TYPE TWO (R2-14) ZONE .. .. .. - - 5 - 0950017 ET AL - - Notwithstanding the provisions of Sections 2, 13.1 and 13.2, those lands zoned R2-14 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following definitions and zone regulations: - a) Definitions - SINGLE CAR ATTACHED PRIVATE GARAGE - Shall mean a portion of a dwelling which is fully enclosed and roofed and designed for the sheltering of one motor vehicle as a parking space. Incidental storage of household equipment is also permitted. - DOUBLE CAR ATTACHED PRIVATE GARAGE .. Shall mean a portion of a dwelling which is fully enclosed and roofed and designed for the sheltering of two motor vehicles as parking spaces. Incidental storage of household equipment is also permitted. .. b) Regulations for dwellings with single car attached private garage: .. i) Lot Area (minimum) 300 square metres ii) Lot Frontage (minimum) .. a) b) Interior Lot Exterior Lot 11.4 metres 14.7 metres ... iii) Yard Requirements (minimum) .. a) Front Yard 6.0 metres to attached private garage - 4.5 metres to dwelling b) Interior Side Yard 1.2 metres ... c) Exterior Side Yard 4.5 metres - d) Rear Yard 5.0 metres - iv) Building Height (maximum) 10.5 metres - ... IIIIJI - 6 - 0950017 ET AL .. .. c) Regulations for dwellings with double car attached private garage: i) Lot Area (minimum) 380 square metres .. ii) Lot Frontage (minimum) .. a) Interior Lot 14.4 metres b) Exterior Lot 17.7 metres ... iii) Yard Requirements (minimum) a) Front Yard 6.0 metres to attached ... private garage 4.5 metres to dwelling ... b) Interior Side Yard 1.2 metres .. c) Exterior Side Yard 4.5 metres d) Rear Yard 5.0 metres ... iv) Building Height (maximum) 10.5 metres" .. 3. "14.6.17 URBAN RESIDENTIAL TYPE THREE (R3-17) ZONE ... Notwithstanding the provisions of Sections 2, 3.1 (a), (b) and (f), 14.1 and 14.2, those lands zoned R3-17 on the schedules to this By-law shall only be used for a street townhouse dwelling in accordance with the following definitions and zone regulations: ... a) Definitions ... ARTERIAL ROAD ... Shall mean an improved public street with a right-of-way width of 26 metres or greater. .. III .. IIIlI ... - -: 7- 0950017 ET AL - LOCAL ROAD - Shall mean an improved public street with a right-of-way width of 20 metres or less. - FRONT LOT LINE - For the purposes of this Special Exception, front lot line shall mean the line dividing the lot from the arterial road. In the case of a lot having frontage on two arterial roads, the shorter lot line abutting the arterial road shall be deemed the front lot line. - REAR LOT LINE - The lot line dividing the lot from a local road shall be deemed the rear lot line. In the case of a lot having frontage on two local roads, the shorter lot line abutting the local road shall be deemed the rear lot line. b) Regulations i) Lot Area (minimum) 200 square metres ii) Lot frontage (minimum) a) Interior Lot 6.0 metres b) Exterior Lot 10.5 metres iii) Yard Requirements a) Front Yard 4.5 metres b) Interior Side Yard 1.5 metres, nil where the building has a common wall with any dwelling on an adjacent lot located in the R3-17 zone c) Exterior Side Yard 4.5 metres d) Rear Yard 18.0 metres iv) Building Height (maximum) 10.5 metres - - - - ... .. - - - - - .. - 8 - 0950017 ET AL .. c) Special Building Regulations ... Notwithstanding 3.1 (a) no accessory structures are permitted in the R3-17 zone except detached private garage subject to the special regulations contained herein. IIIIJI .. Notwithstanding 3.1(b) and (f) a detached private garage shall have a minimum 6.0 metre setback to the rear lot line and must have a minimum separation from the main dwelling of 5.0 metres. The side yard setback shall be a minimum of 0.6 metres, nil where the detached private garage has a common wall with another private garage on an adjacent lot located in the R3-17 zone." ... .. 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: ... "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" ... "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" ... "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11)" IIIIIi "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" IllIII "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" ... "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-14)" .. "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" "Agricultural (A)" to "Holding - Urban Residential Type Three - Special Exception ((H) R3-17)" ... III 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. III . IllIII COUNCIL DIRECTION 0-1 cgOWmOllVtQQe gOt\to CQOUg CP(J!tfPd~1 54 AM '96 September 27, 1996 Mrs. Patti Barrie Town Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mrs. Barrie: We hereby request permission to hold the Community of Bowmanville Santa Claus Parade on Saturday, November 16, 1996 at 10:30 a.m. As in past year's the co-operation of the Police Department, Works Department, and Town Services is requested. The parade route will be the same as in past years, Central Public School to Memorial Park. Would you please present our request at the next regular council meeting. Your prompt reply would be appreciated. YO~U:~ S. st JOh"TI Ii Secretary, Committee Bowmanville . Claus Parade !, .~'--~--~_. :-lr T-r ,---,r,-f-T ~t'll iO ' : i', I ! I I ;1 . . I,,' I, ',I, " ,- 'I ' . : f- I . p:- ~--~ ,-,+-~.:i ,~ ~ I I'i! :!!~ ~ ~ ill~i H'~ I ~ I ~ - ui i \:~ ':~ ; 0 '::::J ~ ~ I ~ I. X\ .\ I : ; ;~, , ~...;:. r:1.. 0 1(,_) [l: :", I . ..', _.__~___ _ ___. L_ _._~._.L _...J__ :__ _' _. jn_.~i_!_ ~..l - OSBAWA - CIL\MBER Of COMMERCE COUNCIL DIRECTION D-2 lEmCCIRlIWlItJ}) [! Jr.':~ Wf1 (')~~ SEP 3 0 1996 September 24, 1996 - MU~CIPALlnr OF CLARINGTON MAVOR'S OFFICE - Mayor Diane Hamre Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 AGENDA - - Dear Mayor Hamre; - .. On behalf of the Government Affairs / Economic Development Committee of the OshawalClarington Chamber of Commerce, I would like to address the overall importance of the Economic Development function in the GT A generally and in Clarington specifically. .. As I am sure you know, the GT A Mayors have unanimously approved the recommendation that a public/private sector Economic Development marketing agency be established to extol the location benefits of the Greater Toronto Area in the world marketplace. .. III This important 'joint -venture' speaks to the necessity of co-operative public and private sector economic development initiatives and this Chamber is pleased to be an active participant and contributor to this process. .. .. The Greater Toronto Marketing Alliance (GTMA) draft business plan makes significant mention of the importance of supporting the activities of local Economic Development Offices and states that the GTMA will, "Provide a support role to the municipal Economic Development Office's efforts in making existing business in the GTA aware of the benefits of a GT A location." ... ... It is further intended that the GTMA liaison team meet regularly with the local EDO's to solicit their input into the development of marketing, public relations, information and related strategic initiatives that will have a direct bearing on local municipal economic development issues. - - We strongly support this approach to the local/regional consultative process and would respectfully request that the Clarington Municipal Council give serious consideration to re-instating the Economic Development Officers position at the Municipality. - - 50 RICHMOND ST. EAST. MCLAUGHLIN SQUARE. OSHAWA, ONTARIO L 1G 7C7 (905) 728-1683 FAX (905) 432-1259 @ .. We feel that Claringtons E.D. interests will be best served by having the same level of representation in this area as the other municipalities in our Region. III This Chamber in honoured to represent the growing and vibrant business community in Clarington and it is our sincere belief that this municipality can compare at any level with any other municipality in the GT A. III IIIlI We would appreciate Council's and your support in filling the vacant EDO position to ensure that this remains the case. IflIIj Yours very truly; '/ /./ "7 / /dL-l-7L ,-.K--ntLU.J.<-(' 1/ Don Conaby Chair, Government Affairs / Economic Development Committee ;:~JJJ .. IflIIj IflIIj c.c. Lloyd Fenemore, President - Oshawa / Clarington Chamber of Commerce .. .. ... .- ._.,,~.....~..._...._._._.- .------.'j [)/STRI8UTION 1 , :.-.,":..r.;.p,v, I . ...,------.-..-.---- ! IIIIJI ,:~.c:;.!\. BY I ,-"._........~-"".,_..........._~...-.. : , . :m:G:j"U\L_~.~~.:.::::::-,.....--...- \ !:!;;~ 0-=;~-;/I--1 .. i.....~. !... . .,.... _.' '. .. . 'I IflIIj .... ..,...' .. <., .. --'''---1 I ~.-..--... l . , : '.-----.--1... ... __~.-...4__-'*...f~n-.....J~ '0 .~- (jj..X;;it-..~~~,-..: .. .. ".- ~_'_""""''9"'-: , ... .. .. - - - - - - - .. - - ,.' ... - - - - - - - - MI COUNCIL DIRECTION D-3 , .... For the Triumph he Immaculate Louis Even Institute II 54 Ar1 '96 For Social Justice Publisher of the "Michael" and "Vers Demain" Journals And of millions of 4-page offprints distributed free of charge Pilgrims of Saint Michael Maison Saint-Michel 1101 Principale Street Rougemont, Que., Canada - JOL 1 MO Phone: Roug'('mont (514) 469-2209 Montreal: (514) 856-5714, Fax (514) 469-2601 I , : ;~:: -""i~~:. . ,j I .: Q ." -Gilberte' p6V~-M : . : I :..,. I <.. o . - ; t- :J en --edit0rrinrchief., : ! . i I ;: : i i ! i '~ 1 . . ~ p . ;: ... i . ,..,... r,,' . '-'t~ , \... . .- ~~} u~~ .~~l { ~ (.1":'. ;r.: i i.\ ~,::i ,...... We are submitting the model of a resolution to you, to be sent to the federal gov- ernment, asking it to create the money for Canada, instead of borrowing it from private banks who create it. The Canadian government must take back its constitutional right to create the money for our country. Please find enclosed a copy of this resolution we are submitting to you. Presently, over 95% of all the money that exists in circulation is not created by the Bank of Canada (in the form of paper money or coins), but by chartered banks, in the form of bank credit, whenever they make a loan. In 1995, the Canadian government borrowed less than 4% of its financial requirements from individuals (in the form of Can- ada Savings Bonds); it borrowed the rest from the banks and other financial institutions. It is just plain ridiculous for the government to borrow from the banks, at interest, what it can create itself, interest free. The Canadian government must pay this year over $51 billion in interest charges, which represent one-third of all its revenues. This situation can be compared to yours, municipalities, when you must borrow for the fund- ing of new developments - like a new water system - and end up paying three times the actual price, because of the interest. If the federal government decided to create its money instead of borrowing it, one-third of the federal taxes would disappear right Qway. The beneficial effects of such a measure would not stop there, blJt would also extend to provinces and municipalities, which could have their new developments fi- nanced with interest-free credits from the federal government. Please, don't say that this issue does not concern you, for municipalities are the level of government that will be the most seriously hit by the financial problems of the federal government. Just consider this: Because of their deficit problems, governments have less and less money available, and have a tendency to shift to municipalities vari- ous responsibilities... without the corresponding money. 2 You are the public body that is the closest to the people, and as representatives of the population, you are therefore best suited to put pressure on the federal government and give it the required support, so that it will create its own money, and finance; interest free, the new public developments of our country, which represent new wealth for our nation. If municipalities combine their forces, the federal government will have no choice but to follow up on this request, and all public bodies - and the population as a whole - will finally be freed from problems that are purely financial. Ladies and gentlemen, we ask you to pass this resolution at the next regular meeting of your Council. It would be good also to send a copy of this resolution to the various news media - newspapers, radio and TV stations - for immediate release. Moreover, we would be grateful if you would send us a copy of the resolution you passed. .. III .. IiIIl .. IIIIJI Truly yours, ~ ... Gerard Mercier, Director Pilgrims of Saint Michael ... Address of the Prime Minister: ... The Right Hon. Jean Chretien Prime Minister's Office, Langevin Building 80 Wellington St. - Room 230 Ottawa, Ont. K1A OA2 Fax: 1-613-941-6900 ... ... PS: Mr. Russell E. Kavanagh, of Australia, sent us some information on debt-free money. Here are some excerpts: ... "A 1931 Royal Commission of Enquiry into the Australian monetary and banking system found that the central bank (presently the Reserve Bank) can make money available to governments and to others free of any charge (that means both debt-and- interest free, according to Mr. Justice Napier, the Commission Chairman)... ... tiThe central bank (then the Commonwealth Bank) financed our 1914-18 war effort to the extent of $100 million (equates with $11.6 billion in 1996 at a charge of only 0.85%... The Bank of Japan currently issues credit at 0.5 and 1.6 per cent to approved major companies..." .. ... In 1992, three Canadian economists wrote in a brochure (The Deficit Made Me Do It!): "In fact, a government can choose to create the needed additional money instead of borrowing it from the banks, the public, or foreigners." (p. 9.) III French economist Maurice Allais, 1988 Nobel Prize Winner in Economics, wrote in his book Les conditions momitaires d'une economie de marche (The Monetary Conditions of a Market Economy), p. 29: "In essence, the present creation of money, out of noting. by the banking system is similar to the creation of money by counterfeiters." III .. IiIIl - RESOLUTION - To really boost the Canadian economy The federal government must decide to create the money of our country, Instead of borrowing It from the banks who create It. This law will allow all our governments to operate without debts. Taxation would be reduced For the federal government, the provinces, and the municipalities. Taxes would be replaced by new money based on the production of the nation. - - The Council of.......................................................................................................... - At Its regular meeting of.... .......... .................... ........ .......... ......................... ........ ........ - Passed the following resolution: - WHEREAS our governments and the people are literally overburdened with ruinous taxes, as well as public and private debts; ... WHEREAS the Canadian Constitution of 1867 gives the federal government the exclusive right to create the money of our country; - WHEREAS this power to create the money of our country was unconstitutionally given to the banks by the federal government in 1913; Moved by.......................................................................................................... ... Seconded by..................................................................................................... ... Be It resolved.......... ................. ...................... .................................. ................. .. THAT this Council urges the federal government to take back its sovereign right to create money and credit for our country, based upon the production of our country, and to distribute this purchasing power without debt nor interest, for the prosperity of the Canadians. It is the most urgent and necessary reform. - - THAT this Council urges the provincial governments to use all of their power to force the federal government to act along these lines; the very survival of our families, farmers, businesses and municipalities is at stake. - THAT a copy of this resolution be sent to the Prime Minister of Canada, to the federal ministers and MPs, to the Premiers, ministers and MLAs of the ten Canadian provinces, as well as to TV, radio stations, and newspapers for publication. - Signature............................................................................................................. . - ........................................................................................................................... - - ................." ..... v....I. ~\"<J.... ""7-" \..,.L.....1.J'J..~"J.V~,,~u.."\l.U~ LgjUU"UU:J - COUNCIL DIRECTION D-4 - ~-4. O~~MISSISS~~ 0" ~ ~4 (/ ~ .. -t- '\ 00 "OJ '9!)OR"'f~O - - OFFICE OF THE MA VOR - VIA FAX - OctOber I, 1996 - ALL GTA MAYORS and REGIONAL CHAIRS .. RR! Grfo:9tAr Toronto MQrkAting AlIiAnre - R Pnhli~ IPrivate ~Rrtn~r~hi p - - Attached please fmd the three Resolutions which we passed at the September 20th GT A Mayors & Regional Chairs Conunittee meeting regarding the Greater Toronto Marketin ~ Alliance. .. I would bring to your attention points 2. 3. and 4. of the first Resolution wb lch require action on your part. I shall be sending out the Report as stated in point 5. .. In the second Resolution, I shall be writing to the Premier, Minister of MUniCl pal.Affairs & Housing, and also to the Prime Minister with respect to funding contributions. .. Thank you for your co-..operation in ensuring that the recommendations are e> ecuted and reported back to my office. - Sincerely, -~---- --.----------------- .. es enc: 3 i I "',.\1" I ~.I " L 't"ii .__.~'~..~:._t. ~~_h ,0: =~ ~ :- v l , ZEL McCALLI61\r' ,'>>"', p MAYOR i'---.... - .-,.- ~~ '--1 ,.. -. '1-~_..--.'1 CHAIR, GTA MAiY-QRS _.__.._~-'-.--I & REGIONAL CHAr. . RS" '.... ..-_L_ ..__., i., , .., ..".J J i 1 t ~. . ~)cVl:.;.~:L~ ~ I-r--~I t I : '-(1). 'I ":'.'.-'.'.-------n- , .0"""". G . . ~ ..-.._-.................~:Ar"/'" ... . __...._'"_....,..,..---l.~_..__... '. THE CORPORATION OF THe CllY OF MISSISSAUGA I OiSTRl8UTfON I C' -R . i I.l-. K ~. .. IW'l" - ..'. #~ila-~~ - - .. .''''.I.~''''",\. oJ VJ.J. ~"-'...... ~~-t \...-L"1.I\.J.~'U1U~\.tL-\lUJ:( L{{J UUJI UU5 .. GTA MAYORS & REGIONAL CHAIRS COMMITTEE MEETING FRIDAY, SEPTEMBER 20,1996 lIII RESOLUTION .. .. GREATER TORONTO MARKETING ALLIANCE - A PUBLIC/PRIV ATE PARTNERSHIP .. "THE GTA ECONOMIC DEVELOPMENT PARTNERSHIP recommends the fo lowing: .. 1. THAT the GTA Mayors & Regional Chairs Committee endorse the Greatf r Toronto Marketing Alliance Report dated August 1996, as the basis for the creation or a public-private marketing agency; tIIIIli 2. THA T the GTA Mayors & Regional Chairs seek resolutions from their res )ective Counciis supporting the formation of the Greater Toronto Marketing Allia nee and that these resolutions be forwarded to the Chair of the GTA Mayors & Rei :ional Chairs Committee prior to November 15, 1996; .. .. 3. . THAT the municipalities in ench Region nominate a reprcsentntive to sit 01 the board of Directors and that the names of the nominees be forwarded to the Chair of the GTA Mayors & Regional Chairs Committee prior to November 15, 19~16j .. 4. THAT the GTA Mnyors and Regional Chairs encourage their respective Councils to allOCAte the necessary funds to support the Greater Toronto Marketing Alliance in their 1997 budgets; .. 5. ... THAT th~ Chair of the GTA Mayors & Regional Chairs Committee fonva rd the, Greater Toronto Marketing Alliance Report to the Premier and the Minis' ers of Economic Development Trade & Tourism, and Municipal Affairs & Housi ng reque5ting additional Provincial assistnnce for the agency through the Job I and Growth Fund announced in the 1996 budget; .. .. 6. THA T the GTA Economic Development Partnership continue to work wit 1 the Greater Toronto Bonrds & Chambers Alliance to develop an implementat on strategy (or the creation of the agency." , CARRIED , I 1 i , - - - - GTA MAYORS & REGIONAL CHAIRS COMMITTEE MEETING FRIDAY, SEPTEMBER 20, 1996 - RESOLUTION - GREA TER TORONTO MARKETING ALLIANCE - A PUBLICIPRIV ATE P ARTNERSHIF - - "WHEREAS other North American regions that provide the economic developme Ilt in competition with the GTA have budgets that far exceed our proposed GTA Mark, :ting Alliance; .. AND WHEREAS the origins of the GTA Economic Development Partnership and marketing initiatives was based upon 50/50 funding of the economic development promotions betwcen the GTA municipalities and thc Province; - THEREFORE be it resolved that we strongly recommend the Province commit a . otal budget of $ 400,000 to match the municipalities $ 400,000 to be supplemented by 1 he private sector; .. - THAT the Office of the GT A Minister or Municipal Arrnirs and Housing and the )rovincial Premier be sent this request for the new Provincial Growth Fund; and - THA T the Federal Government be approached to become a partner nnd c.ontribu ~e a similar amount of funds." CARRIED - ... - - .. .. (i'l - .. .. III III GTA MAYORS & REGIONAL CHAms COMMITTEE MEETING FRIDA Y, SEPTEMBER 20, 1996 III RESOLUTION .. GREATER TORONTO MARKETING ALLIANCE - A PUBLICIPRIV ATE PARTNERSHll .. .. "THAT the Board of Directors develop as a high priority a strategic marketing plln for presentation to the GTA Mayors & Regional Chairs Committee and to the Greatl:r Toronto Boards & Chambers Alliance together with a report on bench marking and indicators that could bt! lIsed ror evaluating this initiative." .. IIIIJI CARRIED - ... - ... .. ... .. .j iii ....-- ,-_._-,_.., --- - IIIi .~ .. - COUNCIL DIRECTION D-5 ONTARIO FEDERATION OF SNOWMOBILE eWES - Dedicated to providing strong leadership and suppon to member clubs, to establish alld maintain quality sno\l'/flohile trails which are used in a safe wul environmentally respollSible mWlner, wuitojimhertheenjoymentoforganizedsnowmobiling. OCT 3 II 23 AN '96 - MEMORANDUM - Date: September 26. 1996 To: County and Municipal Clerks and Councils - From: Bert A. Grant, President RE: Request for Proclamation - Dear Clerk and Council: - - 1996 marks the thirtieth year that the Ontario Federation of Snowmobile Clubs has been the provincial leader for organized snowmobiling. The purpose of this letter is to ask your co-operation in commemorating this milestone, and to help us celebrate Ontario's fastest growing fonn of winter recreation which generated over $656 million for our economy last season. - OFse '. GET READY FOR SNOWMOBILING WEEK TRAILS - NOVEMBER 24 - 30 .. .. As you can see, November 24 - 30 is our annual Get Ready for Snowmobiling Week. As President of the OFSC, I hereby formall)' request that your council officially proclaim this week as such in ~our jurisdiction. Your participation will be much appreciated not only by the OFSC but also by the thousands of snowmobilers and club volunteers who reside throughout Ontario, many in your community. CLU3S SAFETY ... I would also take this opportunity to suggest that if you are not already doing so, your local winter economy could benefit from regular liaison with your local snowmobile club. The OFSC office would be pleased to provide you with this contact infonnation. - I would appreciate your acting on our request at your earliest convenience and notifying me personally \....._-[.~.~.. of your proclamation so that we can include the name of your county and municipality on the special Get I 0 j.:;'l R<!ady for Snowmobiling Week recognition page to be included in the November issue of the OFSC's i C iJi!\ }'lun Trail publication. I ,'::l' - .................~"'--... lid r c:r:r.'1~~S Tnank you for your consideration and co-operation! - - - I J ..._.. "_.~~__..._ I Ontario Federation of Snowmobile Clubs P.O. Box 94, Barrie, Ontario L4M 489 . Telephone (705) 739-~,669 . Fax (705) 739-5005 _.,,_.__ - 11()~. &'C.:', III ONTARIO FEDERATION OF SNOWMOBaE eWES Dedicated to providing srrong leadership and support to member clubs. to establish and maintain qualify snlJlvmabile trails which are used in a safe and environmentally responsible manner. and to further the enjoyment of organized snowmobiling. OFSC SPECIAL REPORT: 1996 SEASON REVIEW by Bert A. Grant, President 1996 marks the 30th Anniversary of the Ontario Federation of Snowmobile Clubs and organized snowmobiling in our province. This longevity is a significant accomplishment for a volunteer- driven, self-sustaining, non profit association. Among its many achievements, the OFSC operates the world's longest contiguous trail network and a user pay funding system that has become the premiere model in intemational recreation. Additionally, the OFSC has a remarkable track record for program delivery, effective partnerships and sound business management. Our important 30th milestone was celebrated with a banner year for organized snowmobiling. Winter came early in the fall to most of the snowbelt and stayed well into the spring. Many parts of Northem Ontario had snow on the ground for an unprecedented seven months! With this long winter, more snowmobilers travelled further and more frequently than ever before and many more Ontarians hit the trails for the very first time. Perhaps the strongest indicator of our success is that OFSC trail permit sales increased by 14% to 105,000 sleds, representing almost 190,000 family members. The economic impact of snowmobile-related spending for OFSC snowmobilers in Ontario for the past season is estimated at close to $652 million dollars, not including revenues derived from non-members and out-of- . province snowmobile tourists. Consequently, the private sector reported an exceptional winter tourism season highlighted by strong sales and steady growth. .. III .. .. .. .. ... .. TRAILS l1li ';cm'" :S:.-,ftj .....,7[....". ~ l- · (1;~ 4 .J CLLBS ... ... El'~VlRON1vfE.."I,"T PROGRA.'vIS .'.............;'..'....... ~ J {:.- - -'~:'- - .. .. Iii Onlario Fed....6.n of Snowmobil. Ou", P.O. B.x 94, B,""~ Do,,",. LAM 459 . Td.pho~ (705) 739-7669 . Fox (705) 739.5005 III - ! ~ o ~ A. ~ Z au == Z o I:lI::: s: Z au t: au ... CI '" '" = = -' u ~ = ~ ! ~ o I:lI::: A. ~ Z au :e z o I:lI::: ~ au t: au ... CI '" '" = = -' U ~ = ~ ! ~ o I:lI::: A. ~ Z au :e z o I:lI::: ~ au t: au :a '" '" = = -' '-' .. ~ = ~ - - - - - .. - - - - - - ... - - - - There were many other key signs that organized snowmobiling is continuing on its decade long upswing. The OFSC SledSmart Safety Program levered almost $500,000 into public education and awareness. The innovative new STOP (Snowmobile Trail Officer Patrol) Program received the go ahead from the Solicitor General to expand province wide. OFSC Driver Training, celebrating its 20th year, graduated a record number of students. The OFSC's $100,000 "Conserving Ontario's Last Frontier" Environment Campaign kicked into high gear. Even the Province got into the act, buying several major abandoned rail lines. OFSC clubs are playing a lead role in developing long term management plans for their use as multi-purpose recreation trails. 1996 was also benchmarked by the official launch of Ontario's new border to border TOP (Trans Ontario Provincial) Trail system. Three years and $21 million in the making under the SNO-TRAC (Sno\Vl11obile Trail Construction and Rehabilitation) Program - a partnership between the Province and the OFSC, these showcase trails are the backbone of a dramatic new winter opportunity for Ontarians. But as with anything so prevalent and positive, there were also signs of satiation too. For the first time in recent memory, ardent snowmobilers were heard to sigh: "Enough is enough." as spring finally approached. Volunteers, working tirelessly for many months, approached the burnout point. A few clubs even stopped grooming prematurely because the season was so long they'd run out of operating funds. For the same reason, many business operators were eager to close down for a spring break to relax and prepare for their summer season. 2 ~ OFSe I ~ o D:: A. .... Z IAI == Z o D:: !i IAI is ... cc vt vt m = ... "" ~ = .... i ~ o D:: A. .... Z IAI :e z o = ~ IAI t: IAI ... cc vt vt m = ... "" ~ = .... i ~ o D:: A. .... Z IAI == Z o c:: ~ .... t: IAI ... cc vt vt m = ... "" ~ = .... While the winter was good for snowmobiling, it's duration underscored a major challenge facing organized snowmobiling in Ontario. SNO-TRAC provided the capital funding for trail development, but it made no provision for ongoing operational funding at the volunteer level. Club resources, both volunteer and financial, were stretched to the breaking point by the past winter's intensity and length. Industrial grooming equipment was pushed to the edge by overuse. A plan needs to be put in place to account for regular replacement of aging equipment and for compensation of groomer operators as this job becomes too onerous for volunteers. The plan also needs to include provision for continuous trail maintenance and repair. and recognition that these are fundamental to safe snowmobiling. Unless reliable new funding sources are developed to meet these challenges, some Ontario snowmobile clubs will be in crisis within two years as their finite population base and limited, volunteer resources fail to keep pace with the traffic demands and increasing costs associated with world class tourism trails. Thus, within the positive context of a great winter that clearly demonstrated the enormous potential and possibilities of organized snowmobiling. it is imperative for all winter stakeholders to rally round. For the good of all Ontarians, we need to bring together new plans, partnerships and programs that will sustain the momentum, growth and economic impact of this valuable winter resource into the 21st century. Judging by the jobs, profits, payback, tax revenues, facility expansions and economic development snowmobiling has motivated since 1990. the positive return on renewed winter investment will benefit Ontario's snowbelt communities and taxpayers for years to come. 3 .. ~' ;. -- OFSe ... .... ... .. IIIIJI ... - ... .. - - .. .. . - - 1 996 ONTARIO SNOWMOBILING BY THE NUMBERS - - 46,000 - 190,000 .- 652,000,000 175,000 - 60% 8,200,000 .. 12,000,000 - 110 85 - 41 13 .. 1,500,000,000 - 105,000 560,000 .. 13,000,000 - 30 2,000,000 - 294 - OFSC t. - - - - Total kilometres of OFSC snowmobile trails. At over twice the length of the provincial highway network, they are the world's longest contiguous recreational trail system. - Number of family snowmobilers belonging to the OFSC, the largest association in international snowmobiling. - Snowmobile-related dollars spent by OFSC members. - Best guesstimate of the number of active snowmobiles in Ontario. - Per cent of active sleds with OFSC trail pennits. - Total dollars derived annually by snowmobile clubs from trail permit sales. - Dollars spent by snowmobile clubs on trail operations and grooming. - Regular price of a 1996/97 trail permit, good anywhere, anytime. - Early bird permit price if purchased by December 1, 1996. - Total of snowmobile-related fatalities. - Deaths that actually occurred on OFSC trails. - Number of media impressions/exposures for OFSC messages. - Dollars dedicated to OFSC Environment Fund based on one dollar per trail permit. - Dollar donation to 1996 OFSC Charity of Choice, The Easter Seal Society of Ontario. - Total dollars raised by OFSC for Easter Seals since 1975, making the OFSC . their number one individual North American contributor. - Years the OFSC has been the voice of organized snowmobiling in Ontario. - Dollar amount of OFSC's annual operating budget. - Number of local snowmobile clubs belonging to the OFSC. For more information, please contact: Tim West, OFSC External Relations, at (705) 739-7669 or (705) 746-4400 __OFSC___ rilE 1If:,\RTOEA'f OF SNOWMOBILING 6ll __,,(E:.,\RS,~ 1966 . 1996 ._O'FSC_ THE HEARTBEAT OF SNOWMOBILING ~ _ YEARS _ 1966 . 1996 ~~U) ==~ ---- II IlIU e.z il1d ccC m_. ~~a lJ IlIU I-I.. ..~} IIIq ~ *'="'i lIIIlIlI w",1I "u ~~U) ~UIL CCO ONTARIO FEDERATION OF SNOWMOBIlE CLUBS PD. Box 94, Barrie. Omario lAM 4S9 Tel (705) 739-76fB Fax (705) 739-5005 'for irnllnediate releas~ September,l996 .. SNOWMOBILING MEANS BIG BUCKS FOR ONTARIO .. Organized snowmobiling has a greater economic impact on Ontario than trade with Russia. In fact, according to 1996 Statistics Canada Import/Export Commodity Trade .. information recently analyzed by the non-profit Ontario Federation of Snowmobile Clubs (OFSC), organized snowmobiling is more valuable to this province each year than many international trading partners are to the entire cquntry. .. Estimated at $656 million for 1995/96, snowmobile-related spending by OFSC members not only tops national trade figures with Russia, but also the trade total for al125 Eastern European countries combined. The same applies to all 24 Caribbean nations. Or to the six .. in Central America. The annual economic impact of organized snowmobiling also exceeds national trade with any single African or Middle East country, and at least 15 other individual Canadian trading partners such as Austria, Ireland, Denmark, Sweden, Finland, Portugal, Spain, India, Venezuela, Chile and New Zealand. ... "We realized organized snowmobiling has a tremendous economic impact on snowbelt Ontario," stated OFSC President Bert A. Grant, "but it was not until this comparison put the numbers into a broader perspective that its importance to our province as a whole became incontrovertible. Perhaps international trade missions should be targeted a little closer to home." ... .. Celebrating its 30th Anniversary, the OFSC had a banner season in 1995/96, racking up record-breaking sales of 106,000 trail permits for a total of 190,000 family members. Recently tabulated figures confirm that the OFSC's 294 community-based snowmobile .. clubs own almost $27 million of grooming equipment and put almost $20 million back into local economies through trail operations and development last winter. In addition, The Easter Seal Society of Ontario reports that OFSC volunteer participation in provincial .. Snowaramas raised an unprecedented $556,000, re-affirming the OFSC's status as North America's largest solo benefactor for children with physical disabilities. In all, OFSC clubs gave over $1 million to various charities. ... "Ontario snowmobiling leads the international snowmobiling scene with the world's largest user pay organization, the longest contiguous trail system, the biggest groomer fleet and the largest volunteer work force," noted OFSC General Manager Ron Purchase. ... "But our most important contribution to this province may be in the area of job creation and economic development. The OFSC administers a unique winter resource that is helping many rural communities become more self-sufficient in these tough times." ... To kick-off the 1996/97 season, over 700 delegates from snowmobile clubs allover Ontario will meet in Sudbury, October 3 to 6 for the 30th Convention and Annual General Meeting. The Ontario Federation of Snowmobile Clubs is dedicated to providing .. strong leadership and support to member clubs to establish and maintain quality snowmobile trails which are used in a safe and environmentally responsible manner to further the enjoyment of organized snowmobiling. .. - 30- .. for more information: Ron Purchase, General Manager (705) 739.7669 .. .. COUNCIL DIRECTION B~~ 0-6 - I3JJccmnwlltI}) " - P.O. Box 82, Bowmanville, ON L1C 3K8 OCT 8 1996 - :';:l,'~jTIPI\L11)1 or CLA91f~GTON MMOR'S OFrlCE - - P.. I~ r ",~ D" A rHJ t ~'" - - October 8, 1996 .. - Mayor Diane Hamre Municipality of Clarington 40 Temperance Street Bowmanville, ON MIC 3A6 Dear Mayor Hamre and Members of Council - - The month of November is "Wife Assault Prevention Month." The Bethesda House Board and staff are requesting that this month be proclaimed by Clarington Council to create an awareness of this unacceptable problem and that Bethesda House is a shelter here in Clarington where abused women and their children can seek support and safety. - - Also, would it be possible to have a picture taken for the local newspapers showing the proclamat~on taking place? If so, please let us know your choice of a suitable day and ti~e. Thank you. - Sincerely ~ ":~."f f-~ : r?~ ;.} '(" i () t'~J - -;:e & I /i) ~, Jait~tC l O-r..//vnc~~v .-,-.,' ,', . ::..) .- ..""'-~;..~--.._,-........ -.-..----- ! i~ . ;: ", :. ~':): ~ _ . _ ~._.. -.- .. __ _ . .-...--, .- - -... - -- ~--- - Elizabeth Courneyea R. R. #2 Bowmanville, ON LIC 3K3 Telephone: 623-4288 ,~~""".:, ' , .. ----- ~-._.,..... . .-..-.... -- .---.". --.._~-- J ~ ~ I::'~ '.-' .;._~- i;~...'. ' ___., .-:z::J._. '.... -. . . " - hc - . '7Y!~~-.6t;:~:~~.. - - " , DATE: October 2, 1996 ATTENTION: MS:"Patti'Barrie Ms. Ruth Swan TIME: 23:06:04 ,PAGE: l' COUNCIL DIRECTION D-7 - PLEASE COPY AND DISTRIBUTE TO THOSE LISTED. - - - October 2, 1996 - TO: ALL ONTARIO MUNICIPALITIES .. - The Council of the Corporation of the Town of Kapuskasing at Its regular meeting of September 24, 1996, passed the following resolution: - WHEREAS hospital boards are an integral part of the health care system; AND WHEREAS all hosp/tals are under the governance of their respective boards; AND WHEREAS hospital boards preserve local autonomy and ensure that hospitals meet the needs of the communities they serve; AND WHEREAS it is essential that all medical services and health Issues continue to be addressed at the local leveli NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Town of Kapuskasing petition the Provincial Government through direct appeal to the Minister of Health to conserve the present system of hospital board governance in Ontario and that any proposal to the contrary not be undertaken without prior consultation with the Ontario Hospital Association, the Catholic Health Association of Ontario, other health care providers and municipalities. BE IT FURTHER RESOL VED THA T this resolution be circulated to all Ontario municipalities for their cons/deration and support. - - - - - The Town of Kapuskaslng urges you to endorse the above noted resolution by forwarding a letter of support to the Hon. Mike Harris, Premier of Ontario, and to _ the Hon. Jim Wilson, Minister of Health. . .. Auodat!4n nl ,., Munklplll aeckJ .. ..-4. ~rcn ... oC'Ontarft. ,~ , -:..) ill : ! , This fax distributed by: i '2: '0 - " ~- ~ ' .:~ ~ - - ., ,," ,.. .", ... H~ '~. ~ "-::: \J ... - COUNCIL DIRECTION D-8 - - WIND ATMYBACK - Wind At My Back Productions Ltd. 66 Hymus Rd. Scarborough, On. M1 L 2C7 Tel: (416) 288-1286 Fax: (416) 750-1985 - - October 8. 1996 Dear Residents: .. On Thursday October 10, 1996, Wind At My Back ProductiOIlS Ltd. will be in Tyrone filming scenes for the upcoming television series "Wind At My Back" at Tyrone Mill. The series is being produced by Sullivan Entertainment for the eBe, and will go to air in December. As most of you are aware \\'C !lhot in many regions of The Municipality of Clarington, including Tyrone, last season.This season we have scaled things down somewhat, but it will be necessary for uS to return to the area periodically to film.. .. - On Thursday sta.rting at about 12:00 noon, we will be filming a few small scenes which will 'blke approximately five hours to complete.. - Our film unit will consist of approximately three cube vans, and a small number of other vehicles. There will be Durham Regional Police Officers on site to ensure that traffic flow is maintained. It will be necessary for us to stop traffic periodically. and these stoppages will be of no more than approximately three minutes in length. - - I wau Id I ikc to take this opportunity to thank you again for your co-operation and patience last year. I have bad the opportunity to view a few of the shows. and they look great! I hope that when you get the chance to see them you feel the same way too. Thank-you again for your continued co- operation., and. if you have any questions or concerns please do not hesitate to contact either myself or my assistant Jeff Nelson anytime at (416) 288-1286. - Sincerely, - - Dan Manhews Location Manager - c. c The \{ urUcipality of Clarington - ~D~ e-.~. .PL.-J~~. - - .... .. WIND AT_MYBACK .. MEMORANDUM IIIIJI DATE: TO: FROM: RE: CC: IIIIJI October 9, 1996 Ron Baker Dan Matthews Aiming on October 10,1996 Jennifer Cooke, Mike Creighton IIIIJI .. The following Is a breakdown of our filmIng activity on Thursday October 10, 1996. Times given are approximate. .. 0800. 1100 Bowmanville Museum & School (Silver St.) -unit parking on Wellington and/or Silver St. .traffic controlled by Paid Duty Officers for no more than 3mins. .. .. ... 1100. 1200 Bowmanville Beech St. -unit parking on Beech St. -PDQ traffic stoppage no more than 3 mins. ... ... 1200. 1600 Newcastle Sl George's Church (Mill St.) -unit parking on Edward St -traffic stoppage as above .., i j 1600- 1900 Tvrone .. Tyrone Mill -unit parking on Durham 7 and Conc. 14 -traffic stoppage as above .. , I , I ., - _CJ!a;t;'g't~n ONTARIO - - REPORT #1 - REPORT TO COUNCIL MEETING OF OCTOBER 15, 1996 - - SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 7,1996 - RECOMMENDATIONS: .. 1. RECEIVE FOR INFORMATION - a) Report PD-134-96 Monthly Building Report - Building Permit Activity for September 1996 - 2. FORTHWITH RECOMMENDATION FOR COUNCIL RATIFICATION - a) Petition - Signs at the Intersection of Lamb's Road and Concession 3 3. REZONING AND SITE PLAN - W.E. ROTH CONSTRUCTION - THAT Report PD-131-96 be received; - THAT the Revised Application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Alan Berk on behalf of W.E. Wreath Construction Limited be referred back to Staff for further processing and preparation of a subsequent report upon receipt of all outstanding comments; and .. - THAT the Durham Region Planning Department and all interested parties listed in Report PD-131-96 and any delegation, be advised of Council's decision. - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON "~TEMPERANCE STREET. BOWMANVILLE .ONTARIO. L1C 3A6' (905) 623-3379' FAX 623-4169 @ - RfC'ClEO PAPER - .. Report #1 - 2 - October 1 5, 1 996 .. MUNICIPAL GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES IIIlI 4. THAT Report PD-132-96 be received; IIlil THAT the document entitled "Municipality of Clarington - Guidelines for the Preparation of Environmental Impact Studies", attached to Report PD-132-96 as .. Attachment No.1, be endorsed by Council; and THAT Staff be authorized to seek Expressions of Interest from qual ified consulting .. firms in order to recommend a short-list of consultants to Council for consideration in the preparation of Environmental Impact Studies. .. 5. TRULLS ROAD WOODS ENVIRONMENTAL IMPACT STUDY THAT Report PD-133-96 be received; and .. THAT the awarding of the contract for the Environmental Impact Study for the Trulls Road Woods, be exempted from the requirement of By-law 94-129, as amended, being the Municipality's Purchasing By-law, if the value of the contract exceeds $20,000.00. .. IIIIJI 6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADIUSTMENT FOR THE MEETING OF SEPTEMBER 26, 1996 ... THAT Report PD-135-96 be received; THAT Council concur with the decisions of the Committee of Adjustment made on September 26, 1996; and - THAT staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. ... ... 7. REQUEST FOR EXEMPTION FROM SIGN BY-LAW 76-25 - THE KAITLlN GROUP ... THAT Report PD-136-96 be received; and THAT the by-law attached to Report PD-136-96 amending the Sign By-law, be approved. IIIlI IIIlI .. .. - - Report # 1 - 3 - October 1 5, 1 996 8. - - - .. - - - 9. .. .. .. - .. .. - - - - APPLICATION FOR DRAFT PLAN OF SUBDIVISION - ROKER PARK DEVElOPMENT THAT Report PD-13 7 -96 be received; THAT the proposed Plan of Subdivision 18T-90043 as revised and dated April 2, 1996, as per attachment No.1 be approved subject to the conditions contained in Report PD-137-96; THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Director of the Public Works and Director of Planning & Development; THAT a copy of Report PD-137-96 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-137-96 and any delegation be advised of Council's decision. FINANCIAL DONATIONS TO THE ANIMAL SHELTER- RESERVE ACCOUNT THAT Report CD-48-96 be received; and THAT donations received by the Animal Control Services be deposited in the Animal Control Services Equipment Reserve Account #29000-12-X. 10. PARKING ENFORCEMENT MONTHLY REPORT FOR AUGUST 1996 THAT Report CD-49-96 be received for information; and THAT a copy of Report CD-49-96 be forwarded to the Bowmanville B.I.A. for their information. 11 . ANIMAL CONTROL MONTHLY REPORT FOR AUGUST 1996 THAT Report CD-SO-96 be received for information; and THAT a copy of Report CD-50-96 be forwarded to Animal Alliance of Canada. IiIIl Report # 1 - 4 - October 1 5, 1 996 .. 12. REQUEST FOR EXEMPTION FROM BY-LAW REQUIREMENTS .. THAT Report CD-51-96 be received; .. THAT the request from Mr. john Rice for an exemption from the Zoning By-law be den ied; and II1II THAT Mr. john Rice and the Bowmanville B.I.A., be advised of Council's decision. I11III 13. TENDER CL96-17 - CONSTRUCTION OF AVONDALE PARK THAT Report TR-79-96 be received; ... THAT Mopal Construction Ltd., Gormley, Ontario, with a total bid in the amount of $393,153.31, being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL96-17, be awarded the contract for construction of Avondale Park; III .. THAT the funds required be drawn from the 1996 Public Works Capital Budget for Avondale Park Development; and IIIIJI THAT the by-law attached to Report TR-79-96, marked Schedule "A", be approved. .. 14. ESTATE OF CLARE IOHN GARTON THAT Report WD-32-96 be received; ... THAT, upon receiving the grant of Five Hundred Dollars ($500) from the Estate of Clare john Garton, the funds be deposited to the Perpetual Care Fund, Account No. 2003-00010-0000; and .. THAT, upon receiving the grant, a letter expressing Council's appreciation be sent to the estate and family of the late Clare john Garton. IIIIIl ... .. .. III ... - Report # 1 - 5 - October 1 5, 1 996 - 15. ROAD CLOSURE AND CONVEYANCE, PART OF LOT 9, CONCESSION 6, FORMER CLARKE TOWNSHIP, PART 2, PLAN 40R-14432, UNOPENED PORTION OF KING STREET, HAMLET OF KENDAL (WOOD) - - THAT Report WD-33-96 be received; - THAT the unopened portion of King Street, in the Hamlet of Kendal, former Clarke Township, described as Part 1, Plan 40R-14432, be declared to be surplus property; - - THAT the selling price of the surplus property be established at $5,600, plus all costs associated with this transaction; - THAT staff be authorized to advertise a Public Hearing, required by the Municipal Act, to stop up, close and convey that part of the unopened portion of King Street in the Hamlet of Kendal to Helen and Keith Wood; - THAT if, following such Hearing, Council decides to pass the by-law to stop-up, close and convey the unopened portion of King Street, the Mayor and Clerk be authorized to execute the necessary documents to complete the closure and conveyance; and - THAT Helen and Keith Wood be advised of Council's decision. - 16. TRANSFER OF DAYLIGHT TRIANGLES TO THE REGION OF DURHAM AT THE INTERSECTION OF REGIONAL ROAD 3 AND POTTERS LANE, ENNISKILLEN - THAT Report WD-34-96 be received; .. THAT the Municipality of Clarington enter into an agreement with the Region of Durham to transfer the daylight triangles shown as Blocks 31 and 32, Plan , OM-775, to the Regional Municipality of Durham; - THAT the Mayor and Clerk be authorized to execute the agreement; .. THAT the Region of Durham pay all costs associated with the transaction; and - THAT R. W. Price, Director of Real Estate, Region of Durham, be advised of Council's decision. - - - II Report #1 - 6 - October 1 5, 1 996 .. 17. AD HOC COMMITTEE TO ASSIST YOUTH - REPORT TO COUNCIL - FINDINGS AND RECOMMENDATIONS .. THAT Report CS-09-96 and the presentation made by Ron Coil is, be referred back to staff to review and report back at the next General Purpose and Administration Committee meeting to be held on October 21, 1996. .. .. 18. TOTAL QUALITY MANAGEMENT THAT Addendum to Report ADMIN-26-96 be received; .. THAT Report ADMIN-26-96 be received; and lIlIiI THAT Council approve the concept of establishing a staff working committee pending a subsequent report outlining the committee's terms of reference. .. ... .. ... ... ... ... ... .. II1II III .. - MUNICIPALITY OF CLARINGTON - General Purpose and Administration Committee October 7, 1996 - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 7, 1996, at 9:30 a.m., in the Council Chambers - ROLL CALL - Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott - - Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Deputy Fire Chief, W. Hesson Treasurer, M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Deputy Clerk, M. Knight .. .. Mayor Hamre chaired this portion of the meeting. .. DECLARATIONS OF INTEREST .. Councillor Novak indicated that she would be making a declaration of interest pertaining to Report PD-133-96; One of Councillor Novak's relatives resides in the area. - MINUTES Resolution #GP A-495-96 - Moved by Councillor Hannah, seconded by Councillor Dreslinski .. THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on September 23, 1996, be approved. "CARRIED" .. DELEGATIONS - a) Wiebe Brinkman, 374 Scugog Road, R.R. #1, Bowmanville, LIC 3K2, was called but was not present. b) Andy Anderson, Headgate Group, 8S Carlew Drive, Suite 107, Don Mills, M3A 2P8, expressed support for the recommendations contained in Report PD-137-96. - - .. G.P.& A. Minutes DELEGATIONS PUBLIC MEETING III - 2 - October 7, 1996 III c) Ron Collis, Ad Hoc Youth Committee, c/o 177 Vail Meadows Crescent, Bowmanville, LIC 4T4, circulated a copy of his presentation wherein he requested the following: IllIli III · THAT Council clearly endorse the recommendations of the Ad Hoc Committee to Assist Youth; . THAT Council recognize the Youth Council and Advisory Board as being the main body to speak to youth issues and to co- ordinate youth programs, etc.; IIiI .. · THAT a Member of Council sit on the Advisory Board; . THAT a staff member from the Municipality assist with the design of the implementation strategy; and .. . THAT, once the implementation strategy has been designed, the Ad Hoc Committee be formally disbanded. IIiI llII Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding Public Meetings for the following application: .. (a) Proposed Zoning Amendment - Part Lot 28, Concession 2, former Township of Darlington - Alan Berk on behlf of W.E. Wreath Construction Ltd. 'llII The Deputy Clerk advised that public notices were sent by first class mail on or before September 6, 1996, to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. In addition, notices were also posted on the site prior to September 6, 1996. This notice procedure is in compliance to the Ontario Regulation made under the Planning Act. ... ... The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendment, then the objectors would be heard, followed by the supporters and the applicant. ... (a) Report PD-131-96 - Alan Berk on behalf of W.E. Wreath Construction Ltd. - the purpose and effect of the rezoning application is to rezone the property from "Agricultural (A)" to an appropriate zone to permit the development of a gas bar and kiosk. .. lIIIII iii .. .. - G.P.& A. Minutes - PUBLIC MEETING - . - . - . . - . - . - . - - .. - - - - - - - - - 3 - October 7, 1996 Bill Paterson, 1909 Bloor Street East, R.R. #2, Bowmanville, LIC 3K3 - appeared on behalf of some 50 local residents who are opposed to this application because: It will be located right in the middle of a prime agricultural and residential area; The proposed use is not appropriate; The site is not serviced; This is an environmental invasion which will have a detrimental effect on adjacent wells and streams; There will be fumes and noise pollution; This is a dangerous corner and the proposed location of the entrance would create a vehicular hazard; and The rural atmosphere which has been enjoyed. by local residents will be destroyed. Maryan Buzza, 2252 Courtice Road, Courtice, LIE 2M8 - circulated documentation dated September 29, 1996, and expressed support for the remarks made by Mr. Bill Paterson. She noted that "it does not make sense to permit development of this rural area at this time, nor is it desired by the majority of immediate residents." In their correspondence, Ralph and Maryan Buzza questioned the actual intent of the rezoning and stated that the proposed application is not complimentary to the quiet agricultural/residential area across from a church, and will not enhance the rural lifestyle. Lloyd Down, 1687 Baseline Road West, Courtice, LIE 2S6 - appeared on behalf of the Ebeneezer United Church congregation and expressed opposition to this proposal on the basis that it is pre-mature to consider such a drastic change at this location and the presence of a gasoline station would not be conducive at the accustomed atmosphere of the congregation of the Ebeneezer United Church, which was built 130 years ago. Alan Berk, Solicitor, 650 King Street East, Oshawa, LIH IG5 - delved into the background of the application, saying that it had been revised in an effort to address concerns of the local residents. He noted that the Regional Public Works Department has no objection to this application and the land under review for rezoning, has not been farmed for at least 15 to 20 years. He noted that, in his estimation, there is a need for a gas bar due to development which will be taking place in the southwest Courtice area and that, even in rural areas, some parcels are designated commercial. He questioned the logic behind having one side of a major north/south arterial road zoned urban and the other side of the road zoned rural. In his estimation, the rural zoning should be extended to the nearest collective road. He advised that his client has undertaken studies which show a definite need for a gas bar. G.P.& A. Minutes - 4 - October 7, 1996 PLANNING & DEVELOPMENT DEPARTMENT Resolution #GP A-496-96 Rezoning & Site Plan Moved by Councillor Hannah, seconded by Councillor Elliott W.E. Roth Construction D14.DEV.94-054 THAT Report PD-131-96 be received; D09.0PA-94-007/D THAT the Revised Application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Alan Berk on behalf of W.E. Wreath Construction Limited be referred back to Staff for further processing and preparation of a subsequent report upon receipt of all outstanding comments; and THAT the Durham Region Planning Department and all interested parties listed in Report PD-131-96 and any delegation, be advised of Council's decision. "CARRIED" Resolution #GPA-497-96 Municipal Guidelines Preparation of Environmental Impact Studies E05.GE Moved by Mayor Hamre, seconded by Councillor Novak THAT Report PD-132-96 be received; THAT the document entitled "Municipality of Clarington - Guidelines for the Preparation of Environmental Impact Studies", attached to Report PD-132-96 as Attachment No.1, be endorsed by Council; and THAT Staff be authorized to seek Expressions of Interest from qualified consulting firms in order to recommend a short-list of consultants to Council for consideration in the preparation of Environmental Impact Studies. "CARRIED" Councillor Novak made a declaration of interest pertaining to Report PD-133-96; vacated her chair and refrained from discussion and voting. One of Councillor Novak's relatives resides in the area. Resolution #GP A-498-96 Trulls Road Moved by Mayor Hamre, seconded by Councillor Pingle Woods Environmental Impact Study THAT Report PD-133-96 be received; and DI2.18T-95029 THAT the awarding of the contract for the Environmental Impact Study for the Trulls Road Woods, be exempted from the requirement of By-law 94-129, as amended, being the Municipality's Purchasing By-law, if the value of the contract exceeds $20,000.00. "CARRIED" .. III .. III .. .. ... ... ... .. III .. ... IIIIfi ... .. III II1II .. - G.P.& A. Minutes - - 5 - October 7, 1996 PLANNING & DEVELOPMENT Resolution #GP A-499-96 - - Monthly Building Report - Building Permit Activity for September 1996 PlO.MO - - Decisions of the Committee of Adjustment for September 26, 1996 D13.CO - - - - Exemption From Sign By-law 76-25 Kaitlin Group T07.SI ~; - - - - Draft Plan of Subdi\;sion - Roker Park Development D12.18T-90043 - - - - - Moved by Councillor Scott, seconded by Councillor Elliott THAT Report PD-134-96 be received for information. "CARRIED" Resolution #GP A-500-96 Moved by Mayor Hamre, seconded by Councillor Novak THAT Report PD-135-96 be received; THAT Council concur with the decisions of the Committee of Adjustment made on September 26, 1996; and THAT staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. "CARRIED" Resolution #GPA-501-96 Moved by Mayor Hamre, seconded by Councillor Novak THAT Report PD-136-96 be received; and THAT the by-law attached to Report PD-136-96 amending the Sign By-law, be approved. "CARRIED" Resolution #GP A-502-96 Moved by Councillor Pingle, seconded by Councillor Elliott THAT Report PD-137-96 be tabled pending the Director of Planning & Development reporting back on a better apportionment of single and semi- detached dwellings; and THAT the Director of Public Works and the Treasurer advise on the allocation of funds for the construction of the Scugog sidewalks. "MOTION LOST" III G.P.& A. Minutes - 6 - October 7, 1996 III PLANNING & DEVELOPMENT Resolution #GP A-503-96 II1II Moved by Councillor Hannah, seconded by Councillor Novak II1II THAT Report PD-137-96 be received; THAT the proposed Plan of Subdivision 18T-90043 as revised and dated April 2, 1996, as per attachment No.1 be approved subject to the conditions contained in Report PD-137-96; III THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Director of the Public Works and Director of Planning & Development; .. ... THAT a copy of Report PD-137-96 and Council's decision be forwarded to the Region of Durham Planning Department; and .. THAT all interested parties listed in Report PD-137-96 and any delegation be advised of Council's decision. III "CARRIED" Resolution #GPA-504-96 lIIIi Moved by Mayor Hamre, seconded by Councillor Pingle THAT the Committee recess for 15 minutes. .. "CARRIED" The meeting reconvened at 11:00 a.m. .. Councillor Pingle chaired this portion of the meeting. .. CLERK'S DEPARTMENT Resolution #GP A-505-96 .. Financial Donations Moved by Novak, seconded by Councillor Hannah to the Animal Control Shelter THAT Report CD-48-96 be received; and P14.AN .. THAT donations received by the Animal Control Services be deposited in the Animal Control Services Equipment Reserve Account #29000-12-X. III "CARRIED" II1II III III - G.P.& A. Minutes - - 7 - October 7, 1996 CLERK'S DEPARTMENT - Resolution #GP A-506-96 - Parking Enforcement Moved by Councillor Dreslinski, seconded by Councillor Scott Monthly Report for August 1996 THAT Report CD-49-96 be received for information; and T02.P A - - - Animal Control Monthly Report for August 1996 P14.AN - - - Exemption From Zoning By-law Requirements - John Rice T02.PA .. - - THAT a copy of Report CD-49-96 be forwarded to the Bowmanville B.LA. for their information. "CARRIED" Resolution #GPA-507-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CD-50-96 be received for information; and THAT a copy of Report CD-50-96 be forwarded to Animal Alliance of Canada. "CARRIED" Resolution #GP A-508-96 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT Report CD-51-96 be received; THAT the request from Mr. John Rice for an exemption from the Zoning By-law be denied; and THAT Mr. John Rice and the Bowmanville B.LA., be advised of Council's decision. "CARRIED" Councillor Novak chaired this portion of the meeting. - TREASURY DEPARTMENT Resolution #GPA-509-96 - Tender CL96-17 Construction of A\"ondale Park F1S.QC - - - - Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report TR-79-96 be received; THAT Mopal Construction Ltd., Gormley, Ontario, with a total bid in the amount of $393,153.31, being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL96-17, be awarded the contract for construction of Avondale Park; G.P.& A. Minutes II1II - 8 - October 7, 1996 .. TREASURY DEPARTMENT FIRE DEPARTMENT COMMUNITY SERVICES PUBLIC WORKS Estate of Clare John Garton Dona tion Fl1.CH Closure ..\: Conveyance Part Lot 9, Conc. 6 Former Clarke Helen & ~eith Wood T09.WO lIflIIi THAT the funds required be drawn from the 1996 Public Works Capital Budget for Avondale Park Development; and THAT the by-law attached to Report TR-79-96, marked Schedule "A", be approved. tIIiI "CARRIED" .. Councillor Scott chaired this portion of the meeting. .. There were no reports considered under this section of the agenda. Councillor Hannah chaired this portion of the meeting. .. III There were no reports considered under this section of the agenda. Councillor Elliott chaired this portion of the meeting. ... Resolution #GP A-51O-96 .. Moved by Councillor Hannah, seconded by Councillor Novak .. THAT Report WD-32-96 be received; THAT, upon receiving the grant of Five Hundred Dollars ($500) from the Estate of Clare John Garton, the funds be deposited to the Perpetual Care Fund, Account No. 2003-00010-0000; and .. THAT, upon receiving the grant, a letter expressing Council's appreciation be sent to the estate and family of the late Clare John Garton. .. "CARRIED" .. Resolution #GPA-511-96 Moved by Councillor Dreslinski, seconded by Councillor Scott .. THAT Report WD-33-96 be received; III THAT the unopened portion of King Street, in the Hamlet of Kendal, former Clarke Township, described as Part 1, Plan 40R-14432, be declared to be surplus property; tIIiI tIIiI III - G.P.& A. Minutes - - 9 - October 7, 1996 PUBLIC WORKS DEPARTMENT - - - - - - - Transfer of Daylight Triangles to Region Regional Road 3 and Potters Lane Enniskillen L07.RE - - .. - ADMINISTRATION - - UNFINISHED BUSINESS - - Ad Hoc Committee to .-\ssist Youth Report to Council S04.YO - - THAT the selling price of the surplus property be established at $5,600, plus all costs associated with this transaction; THAT staff be authorized to advertise a Public Hearing, required by the Municipal Act, to stop up, close and convey that part of the unopened portion of King Street in the Hamlet of Kendal to Helen and Keith Wood; THAT if, following such Hearing, Council decides to pass the by-law to stop-up, close and convey the unopened portion of King Street, the Mayor and Clerk be authorized to execute the necessary documents to complete the closure and conveyance; and THAT Helen and Keith Wood be advised of Council's decision. "CARRIED" Resolution #GP A-512-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report WD-34-96 be received; THAT the Municipality of Clarington enter into an agreement with the Region of Durham to transfer the daylight triangles shown as Blocks 31 and 32, Plan lOM-775, to the Regional Municipality of Durham; THAT the Mayor and Clerk be authorized to execute the agreement; THAT the Region of Durham pay all costs associated with the transaction; and THAT R. W. Price, Director of Real Estate, Region of Durham, be advised of Council's decision. "CARRIED" Mayor Hamre chaired this portion of the meeting. There were no reports considered under this section of the agenda. Resolution #GPA-513-96 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report CS-09-96 and the presentation made by Ron Collis, be referred back to staff to review and report back at the next General Purpose and Administration Committee meeting to be held on October 21, 1996. "CARRIED" G.P.& A. Minutes II1II - 10 - October 7, 1996 .. UNFINISHED BUSINESS Total Quality Management H12.TR OTHER BUSINESS Petition - Signs at Intersection of Lamb's Road and T07.GE ADJOURNMENT Resolution #GPA-514-96 .. Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Addendum to Report ADMIN-26-96 be received; .. THAT Report ADMIN-26-96 be received; and .. THAT Council approve the concept of establishing a staff working committee pending a subsequent report outlining the committee's terms of reference. .. "CARRIED" .. Resolution #GPA-515-96 Moved by Councillor Dreslinski, seconded by Councillor Novak lIIlii THAT the petition pertaining to the intersection of Lamb's Road and Concession 3, be received and referred to the Director of Public Works for report FORTHWITH; and .. THAT lead petitioner Evelyn Stroobach be advised of Council's decision. III "CARRIED" .. Resolution #GPA-516-96 Moved by Councillor Novak, seconded by Councillor Elliott .. THAT the meeting adjourn at 11:25 a.m. ... "CARRIED" .. .. Diane Hamre, Mayor .. Marie Knight, Deputy Clerk .. III .. - - Meeting: - Date: - Report #: Subject: - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~~I~-~ REPORT REPORT #2 COUNCIL File # Res. # By-Law # TUESDAY, OCTOBER 15, 1996 TR-82-96 File #: RFP96-2, COURTICE COMMUNITY COMPLEX SECTION 1 - MANAGEMENT SERVICES - Recommendations: It is respectfully recommended to Council the following: - - - - - - - - - - - - - 1. THAT Report TR-82-96 be received; 2. THAT a consultant be retained to review and comment on the proposals submitted for RFP96-2, Courtice Community Complex, Section I, Management Services; and 3 . THAT the required funds be drawn from Contingency Account #7007-00000-0298. BACKGROUND AND COMMENT: Request for proposal RFP96-2, courtice Community Complex, Section I, Management Services, was publicly advertised with two bids being submitted. The proposals received are very complex and detailed. As well, there are many grey areas with respect to determining the overall lowest cost to the Municipality in comparing the bids to the proposed operating budget for the Community Services Department. Therefore, it is recommended that an independent body be appointed to review the financial implications for each of the bids submitted and to provide objective comment and comparisons to the overall operation of the Community Services Department. The estimated cost to complete this review is between $10,000.00 and $12,000.00. lil':'UIIl(;t\ PArlIn I'APIIi 'tt::!::I Blcn.ll TIII:;I;;I'IWJTI [)ONflICYClllll'!d'11l PAGE 2 REPORT NO.: TR-82-96 RFP96-2 COURTICE COMMUNITY COMPLEX lIiIII lIiIII preliminary discussions have been held with Deloitte & Touche, as well as The J.F. Group. The J.F. Group is a consultant woth substantial experience in this area, while Deloitte & Touche woll be able to comment and compare on financial implications only. III tIIiI A formal request for pricing will be issued to both consultants. The purchasing Manager and the property Manager will then select the consultant for the project based on the price submitted, time frame, and overall expertise and service. .. .. . Once the consultant's review has been completed, the Review Committee will complete the evaluation of the bids and report back to Council. .. III Respectfully submitted, Reviewed by, " III ~ W.H. Stockwell, Chief Administrative Officer IIIIi ~!if!t/!", -~- Jose P. Caruana, D~~ ctor of Community Services .. .. MM*LB*ld ... .. .. .. .. . III THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT #3 - REPORT - Date: OCTOBER 15, 1996 File # Res. # By-Law # ^eeting: - COUNCIL MEETING _=ieport #: TR-~::\-96 File #: subject: TENDER CL96-18 - cLARKE MUSEUM STORAGE SHED - -Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommeod to Council the following: .. 1. THAT Report No. TR-83-96 be received; 2. THAT Kraco Carpentry Service limited, Bowmanville, Ontario with a total hid in the amount of $78,997.00 heing the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL96-18 be awarded the contract for the construction of Clarke Museum storage shed; THAT the attached By-Law marked Schedule A be approved; and THAT the required funds be drawn from the Clarke Museum Reserve Fund. - - - 3. 4. .. - 1.0 1.1 BACKGROUND: Council approved in Report Number TR-09-96, the request of the Clarke Museum to construct a new facility and that funding be provided from the Clarke Museum reserve Fund conditional on the municipal tendering process being followed and an upset tender limit of $ 60,000.00 (Attachment #1). Tenders were called in the summer and seven bids were received and one was rejected. Bid results are found on Attachment #2. As the lowest bid exceeded the approved budget limit, discussions were held with the Museum Board Chair, curator and the Architect to reduce the scope of work originally tendered. As a result $ 14,224.00 was identified which brought the lowest bid to $ 73,829.00 excluding GST. - - 1.2 - 1.3 - ../2 - - rIlCYCllll~PAPlrR 1'^PIII~fllC:YCli l\IlS6 Pf\lt,ll DON Il! (,YCII llP/lI'!.ll - REPORT TR-83-96 - 2 - OCTOBER 15, 1996 1.4 1.5 Professional Services including the architect and permit requirements from the Ministry of Transportation and the Region of Durham was $ 7,500.00. As a result, the revised project budget for consideration is as follow: Building Construction Professional Services Gst 3% $ 73,829.00 $ 7,500.00 $ 2.439.00 1.6 Total $ 83.768.00 The Clarke Museum Board will be contributing a $ 5,000.00 cheque to the Project from their fundraising efforts. This leaves a balance of $ 18,768.00 over the approved budget line. Since the Clarke Museum Reserve Fund has a balance of $ 82,000.00, it is requested that consideration be given to increase the original commitment to $ 78,768.00 allowing the project to proceed. As Council has an existing lease agreement for use of the Orono Armories and currently artifacts are being stored there by the Museum, relocation of these has to be considered. As the tenant only requires the parade square area at this time, it is suggested that the pieces of equipment can be stored at the former pumping station on East Beach Road. The tenant at the Orono Armories Building has been very cooperative and understanding with the delays in terms of fulfilling the terms of the agreement made with the Municipality in March 1996. 1.7 1.8 1.9 The Treasurer has reviewed the funding requirements and concurs with the recommendations. Reviewed by, /}~ W. H. Stockwell, Chief Administrative Officer FH:MM:sa Attachment .. .. . .. .. .. .. .. III .. III .. ... .. - III .. .. ill - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - ATTACHMENT NO.1 REPORT .3eting: GENERAL PURPOSE AND ADMINISTRATION COMMIITEE File# _. Res. # By-Law # '''Ite: February 19, 1996 lfeport #: TR 9 96 Ibject: File#: CLARKE MUSEUM - CONSTRUCTION OF NEW FACILITY - - lecommendatlons: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report TR-9-96 be received; - 2. THAT direction be provided on either of the following options: (A) - - - OR (B) - - - 3. THAT the Clarke Museum Board be advised of Council's decision. - - ... - THAT the request of the Clarke Museum to construct a new facility be endorsed with funding to be provided from the Clarke Museum Reserve Fund conditional on the following: THAT the tendering process of the Municipality be followed; That the tender recommended by the Clarke Museum in conjunction with Municipal Staff be brought to Council to be awarded; and That the tender be within the upset limit of $60,000; THAT the Clarke Museum he requested to find alternative municipal storage space through discu~sions with the Chief Administrative Officer and appropriate staff; That any funds required for alterations and climate control be expended from the Clarke Museum Reserve Fund to a maximum of $10,000; and That the Clarke Museum Board be advised that the construction of a new facility is deferred for future consideration; and H[CYClED I;t;\ PAPIER "APER \tJ:j !lECYCll 701 TR-9-96 4.2 .. Page-3- .. The Clarke Museum Reserve Fund was established with bonds dedicated by Ontario Hydro in the amount of $30,000 which were held by the Clarke Museum. Wh~n the Province directed that they were not to maintain any separate Reserve Funds, the bonds were turned over to the Municipality and the Reserve Fund was established. For a number of years the Municipality transferred $7,000 annually into the Reserve Fund from the Tax Levy to help build up that fund for potential future expansion. This transfer was discontinued in 1994 w:hen the expenditure control plan and social contract funding cuts were imposed by the Province. .. III III 5.0 Conclusion 5.1 5.2 .. H Council approves the request of the Clarke Museum Board, it is recommended that the tendering process take place through Municipal Staff. This will ensure all tender specifications provide for appropriate building codes and other appropriate requirements. Drafting of tender specifications and review of tender submissions would be done in conjunction with Museum Staff with resulting recommendations made to Council for fmal approval. .. .. Alternatively, if Council determines that it is in the Municipality's best interest to defer the construction of a new facility, Staff under the direction of the Chief Administrative Officer will explore with Museum staff the existing municipal facilities for suitability. It is recommended that staff be given authorization make alterations for climate control, etc., as required up to a maximum limit of $10,000. Council would then be provided with information in this regard. " III lIIlii Reviewed by, - ~ W.H. Stockwell, Chief Administrative Officer. .. 'e A. Marano, H.BSc., A.M.C.T., Treasurer. MMJhjl .. 1 1!- Attachments .. ... .. .. .. 7n"\ .. - - - - - - - - - - - - - - - - - - - ATTACHMENT NO.2 SCHEDULE "A" CL96-18 - CONSTURCTION OF A STORAGE BUILDING CLARKE MUSEUM BIDDER BID AMOUNT Kraco Carpentry Service Ltd. BowmanvilIe $ 88,045.00 Ken Green Regional Construction Bowmanville 99,985.00 R. Bouma Construction BowmanvilIe 100,962.00 Veenstra Construction Ltd. BowmanvilIe 114,900.00 Emerald General Contracting Pickering 127,100.00 Hollinger Construction Limited Pickering 132,600.00 Metro East Concrete Bowmanville 134,200.00 Imperial Builders of Canada Cobourg Rejected G.S.T. Extra SCHEDULE A THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON III BY-LAW 96- .. Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Ltd., Bowmanville, Ontario, for the Construction of a Storage Shed, Clarke Museum. .. II1II 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 with the Corporation Seal, a contract between Kraco Carpentry Service Ltd. and said Corporation. lllIIliI - 2. THAT the Contract attached hereto as Schedule UN' form part of this By-law. lIIlii By-law read a first and second time this day of October, 1996. ... By-law read a third time and finally passed this October, 1996. day of lIIlii Mayor .. - Clerk lIIIi .. - .. .. .. .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96-.ll6 - being a By-law to amend the Sign By-law - WHEREAS Kaitlin Group requested an exemption to the Sign By-law 76-25; WHEREAS Council deems it appropriate to grant such an exemption; - NOW THEREFORE, the Council of the Municipality of Clarington enacted as follows: - 1. THAT By-law 76-25 be amended by adding a new Condition 11 under Section 11 as follows: - "11.1 Defined Area The lands subject to this special condition comprised of land in Lot 17, Concession 1, former Darlington Township, specifically in a location - adjacent to Highway No.2 as it pertains to a promotional ground sign in association with a housing development. - 11.2 Permitted Siqns - Notwithstanding any other provisions to the contrary, a ground promotional sign having a maximum sign area of 350 sq.ft. shall be permitted within the defined area. - By-Law read a first time this 15th day of October 1996 By-Law read a second time this 15th day of October 1996 - By-Law read a third time and finally passed this 15th day of October 1996 - MAYOR - CLERK - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96-177 - - Being a by-law to authorize the execution of an Agreement between The Corporation of The Municipali ty of Clarington and The Regional Municipality of Durham for the transfer of the daylight triangles shown as Blocks 31 and 32, Plan 10M-775 - 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's seal, an Agreement between The Regional Municipality of Durham and the Municipality for the transfer of the daylight triangles shown as Blocks 31 and 32, Plan 10M-775, at the intersection of Regional Road 3 and Potters Lane, Enniskillen. - - 2. THAT the Agreement attached hereto as Schedule "A" forms part of this By-law. - BY-LAW read a first and second time this 15th day of October, 1996. - BY-LAW read a third time and finally passed this 15th day of October, 1996. - i* - MAYOR - - CLERK - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96- 178 - Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Mopal Construction Ltd., Gormley, Ontario, for the Construction of Avondale Park. - 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 with the Corporation Seal, a contract between Mopal Construction Ltd. and said Corporation. - 2. THAT the Contract attached hereto as Schedule "A" form part of this By-law. - - By-law read a first and second time this 15 day of October, 1996. By-law read a third time and finally passed this 15 October, 1996. day of - Mayor - Clerk - - - - - - - ... - --- - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96-179 - - Being a By-law to authorize the execution of a Letter of Understanding between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham and Ontario Hydro. - - 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 Corporate Seal, a Letter of Understanding with the Regional Municipality of Durham and Ontario Hydro pertaining to a new on-line monitoring device and related equipment to be installed in the building located at the former East Beach Pumping Station. - - 2. THAT this Letter of Understanding attached hereto as Schedule "A" form 'part of this By-law. - - By-law read a first and second time this 15th day of October, 1996. - By-law read a third time and finally passed this 15th day of October, 1996. - Mayor - - Clerk - - - - SCH~UUL~ "A" IV bl-LAW ~D-i/~ LETTER OF UNDERSTANDING .. BElWEEN Corporation of the Municipality of Clarington ("Clarington"), III The Regional Municipality of Durham ("Durham"); and III Ontario Hydro ("OH'") WHEREAS Clarington, OH and Durham have agreed that a new on-line monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the former East Beach Pumping Station (the "Station"), currently owned and operated by Clarington; and .. WHEREAS it has been further agreed that the Device will be owned and operated by OH while located at the Station, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure that OH, Durham and their respective employees, authorized agents and contractors have access to the Station and the Device on a 24 hour a day, 7 day a week basis; III .. Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to OH and Durham in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Station for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; III .. 2. During the term of this agreement OH shall remain responsible for and shall at its cost repair and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to telephone service, relating to the Device, shall be paid by Durham. .. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing OH and Durham with 6 months prior written notice, and upon receipt of such notice OH shall at its cost remove the Device prior to the date of termination of this agreement. lIIlii It has been further agreed that in the event Clarington exercises its right of termination as aforesaid, Durham will take all necessary steps and measures to permit the relocation of the Device to an interior space at the Water Supply Plan owned by Durham and shall enter into an agreement with OH to permit the Device to remain at the Water Supply Plant on terms and conditions similar to those contained in this Letter of Understanding, III lIIlii The letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. In Witness whereof the parties have executed this Letter of Understanding by their duly authorized representatives as of the llilth day of Oct. ,1996. lIIIi Corporation of the Municipality of Clarington .. Ontario Hydro Mayor .. Clerk .. Regional Municipality of Durham .. .. .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96- 180 - Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Ltd., Bowmanville, Ontario, for the Construction of a Storage Shed, Clarke Museum. - - 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 with the Corporation Seal, a contract between Kraco Carpentry Service Ltd. and said Corporation. THAT the Contract attached hereto as Schedule "A" form part of this By-law. - 2. - - By-law read a first and second time this 15thday of October, 1996. By-law read a third time and finally passed this 15th day of October, 1996. - Mayor - Clerk - - - - - - - - - -