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Home My WebLink About11/03/1997 L L l L L L L L L l L L L l l l L L L =.Cl!!!_rt;;;;.QT! ONTARIO SPECIAL COUNCIL MEETING DATE: NOVEMBER 3, 1997 TIME: 9:00 A.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DECLARATIONS OF INTEREST MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held on October 27, 1997. DELEGATIONS 1. Don Welsh, 4280 Mearns AveriueeBowmanvil'le LIC 3K5 - ", "Report: ADMIN-49-9T'..:.. Older Adults Centre, Bowmanville; 2. Annabelle Sissons, 40 Winters Road, Orono, LOB IMO - Report ADMIN-49-97 - Older Adults Centre, Bowmanvillei 3. David Ashcroft, 63 Cedar Crest Beach Road, Bowmanville, LIC 3K3 - Report ADMIN-47-97 - Principles of Understanding Between Blue Circle Canada Inc. and the Municipality of Clarington on the Implementation of the Recommendations of the Waterfront Regeneration Trust Report on Westside Marshi 4. Leah Houston, Youth in Action, 137 Cedar Crest Beach Road, Bowmanville, LIC 3K3 - Report ADMIN-47-97i 5. Debbie Houston, 137 Cedar Crest Beach Road, Bowmanville, LIC 3K3 - Report ADMIN-47-97; 6. David Hill, 101 Cedarcrest Beach Road, Bowmanville, LIC 3K3 - Report ADMIN-47-97 7. Murray DeHaas, 83 Cedar Crest Beach Road, Bowmanville, LIC 3K3 - Report ADMIN-47-97i 8. Mavis Carlton, Box 14, Group 2, Bowmanville, LIC 3K3 - Report ADMIN-47-97i 9. Glenda Geis, Box 36, Group 2, Bowmanville, LIC 3K? - Report ADMIN-47-97i CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPE~ "',CE STREET. BOWMANVILLE .ONTARIO. L' C 3,1.6. (905) 623-3379' FAX 623-4169 @ fI(CYCLID ~A"ER Council Agenda DELEGATIONS 10. 11. 12. 13. 14. 15. 16. 17~ 18. COMMUNICATIONS - 2 - J J J J J J J J J J J J J J J J J J j November 3, 1997 Bob Morrison, Cedar Crest Beach, Bowmanville, L1C 3K3 _ Report ADMIN-47-97i Valerie Dostie, 707 Waverley Road, South, Bowmanville, R.R. #2, Box 11, Group 5, Bowmanville, L1C 3K3 _ Report ADMIN-47-97i Rick Symmes, Waterfront Regeneration Trust, R.R. #1, Terracotta, Ontario, LOP 1NO - Report ADMIN-47-97i Maureen Remington, Box 44021, Oshawa,LIH 8R5 - Report ADMIN-47-97i Ted Remington, Box 44021, Oshawa, L1H 8R5 - Report ADMIN-47-97i Mars Barrick, 147 Cove Road, Bowmanville, L1C 3K3 _ Report ADMIN-47-97i Larry Defosse, 125 Cove Road, Bowmanville, L1C 3K3 _ Report ADMIN-47-97i ~ ~- wilson Little~ 410 Waverley Road, Bowm~nville', L1C 3K3 - Report ADMIN-47-97i and M. McQuaid, Weir & Foulds, 2 First Canadian Place, Toronto - Report ADMIN-47-97. Receive for Information I-I I - 2 I - 3 .I - 4 I - 5 Correspondence received from Pam VanEgmond, Fundraising and Volunteer Co-ordinator, Ontario March of Dimes - Annual Door-to-Door Campaigni Correspondence received from R. Walton, Metropolitan Clerk, Municipality of Metropolitan Toronto - Grace Period for Rural Municipalities (GTA) i Correspondence received from Jennifer Allan, - Secretary to the City Clerk, City of Oshawa _ Social Assistance and Housing Costs; Correspondence received from Dave Smith, General Manager; Ontario Urban Transit Association _ Improvement of Transportation Servicesi Correspondence received from Christine Dodds, Assistant City Clerk, City of Toronto - "Catching Your Breath - Partnerships for Clean Air"; L L L l l Council Agenda COMMUNICATIONS I - 6 I - 7 l l L l l L L l l l L L L L I - 8 1-9 I - 10 I-II I - 12 I - 13 I - 14 i-IS I - 16 - 3 - November 3, 1997 Correspondence received from Al Leach, Minister of Municipal Affairs and Housing - Social Housing Reform; Correspondence received from Jae Eadie, President, Federation of Canadian Municipalities - FCM's 61st Annual Conference, "Smart Partnerships to Build Strong Municipalities"; Correspondence received from Carol Smitton, Committee Secretary, Regional Municipality of Durham - Public Health Municipal Election Campaign Kit; Correspondence received from Pat Crimmins, Deputy Clerk, Regional Municipality of Halton - Revised Response to the Report of the Advisory Council on Social Housing Reform; Newsletter received from the Association 0= Municipalities of Ontario entitled "Teachers' Associations Agree Notl:~ Pi.cket S91l001s to. be Used for'Polling Stations"; Correspondence received from The Honourable Janet Ecker, Minister of Ministry of Community and Social Services - Who Does What on the GTA Regions; Minutes of a meeting of the Kawartha Conservation Authority held on October 15, 1997; Correspondence received from The Honourable Janet Ecker, Minister of Ministry of Community and .- Social Services - Welfare Reform; Correspondence received from Gavin M. Stephenson, Recording Secretary, Clarke Museum & Archives - Minutes of Meetings; MEDIA Release received from Durham Region ~conomic Development Department entitled "Durham Region Wins Economic Development Awards; and News Release received from the Durham Emergency Measures Office entitled "Darlington Units Return to High Power." Council Agenda COMMUNICATIONS - 4 - ] J J J J J J J ] J J J J J J ] J J I November 3, 1997 Receive for Direction D - 1 D - 2 D - 3 D - 4 D - 5 D - 6 REPORTS Correspondence received from Captain Rob Platt, Vice Commander/COMRA Training Officer, City of Oshawa Marine Rescue Association - Request for Funding; Correspondence received from Faye Langmaid, 3391 Glenwood Avenue, Windsor, N9E 2Y3 - Implementation of a Street Tree Replacement or Underplanting . Program; Correspondence received from Daniel Gatien, Chief Administrative Officer/Clerk, Director of Human Resources, Town of Rockland - Resolution re: Transfer of Police Services; Correspondence received from Gary D. Shapiro, Chairman and Anthony Housefather, Executive Member, Quebec Committee for Canada - Resolution re: Canadian Unity Debate; ~ ~ Correspondence received from' Claudette Cain,' Mayor, City of Gloucester - Payments-in-lieu of Taxes; and Correspondence received from 29 Area Residents - Proposed Rezoning Application - Lishman. 1. Report ADMIN-49-97 - Older Adults Centre, Bowmanville; 2. Report CD-49-97 - Municipal Elections 1997; and 3. Report ADMIN-47-97 - Principles of Understanding Between Blue Circle Canada Inc. and the Municipality of Clarington on the Implementation of the Recommendations of the Waterfront Regeneration Trust Report on Wests ide Marsh. BY-LAWS 97-242 97-243 being a by-law to establish hours of operation for voting locations, Memorial Hospital, Bowmanville, and at the Durham County Seniors Citizens Lodge for the 1997 municipch election (Report #2); being a b.y-Iaw to amend the Collection Agreement (Contract ,CL94-36), between the Corporation of the Municipality of Clarington and Canadian Waste Services Inc. (formerly Laiqlaw Waste Systems Ltd.) (Approved by Council October 27, 1997); l L L l L L L L L l' l L L L l L L L L Council Agenda BY-LAWS 97-244 97-245 97-246 97-247 97-248 97-249 97-250 97-251 97-252 97-253 97-254 - 5 - November 3, 1997 being a by-law to authorize the execution of a Transfer Station Operating Agreement with Canadian Waste Services Inc. (Approved by Council October 27, 1997); being a by-law to authorize the execution of a Lease Agreement with Canadian Waste Services Inc., for the land identified as 178 Darlington/Townline Road (Approved by Council October 27, 1997); being a by-law to authorize an exemption from the requirements of the Purchasing By-law 94-129, regarding the amendment to the Collection Agreement (Contract CL94-36), between the Corporation of the Municipality of Clarington and Canadian Waste Services Inc. (formerly Laidlaw Waste Systems Ltd.) to extend contract CL94-36 for two (2) years (Approved by Council October 27, 1997) ; being a by-law to authorize the execution .of rrinciples of. Unders~ndingp~t.ween Blue Circle Canada Inc., and the Corporation of the Municipality of Clarington; being a by-law to authorize the execution of a Lease Agreement to the Municipality of Clarington of the lands to comprise the Temporary Public Highway; being a by-law to establish, layout and open as a public highway Parts 7 and 9 on Reference Plan 40R-17774 and Parts 12 and 13 on Reference plan 40R-17775; being a by-law to declare Parts 1, 3 and 5 on Reference Plan 40R-17774 as surplus real property; being a by-law to stop up and close as a public highway Part 1 on Reference Plan 40R-17774i being a by-law to authorize the sale and transfer of Parts 1, 3 and 5 on Reference Plan 40R-17774 by the Municipality of Clarington and Blue Circle Canada Inc. i being a by-law to authorize a Management Agreement with the Central Lake Ontario Conservation Authority; being a by-law to adopt Modification No. 170 to the Official plan for the Municipality of Clarington; and Council Agenda BY-LAWS 97-255 - 6 - J J J J J J J J J J J J J J J J J .I J November 3, 1997 being a by-law to authorize the request of the Regional Municipality of Durham to approve modifications to the Durham Regional Official Plan. ADJOURNMENT BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL A, ~ .~~ - - MUNICIPALITY OF CLARINGTON - Council Minutes October 27, 1997 - Minutes of a regular meeting of Council held on Monday, October 27, 1997, at 7:00 p.m., in the Council Chambers - PRAYERS Councilior 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 (Attended until 8:57 p.rn,) Fire Chief, M. Creighton (Attended_8:57 p.m,) . ""~ Solicitor, D. Hefferon'. ..' .:. . . Treasurer, M. Marano (Attended until 8:57 p.m.) Director of Public Works, S. Vokes Director of Planning and Development, F. Wu (Attended until 8:57 p.rn,) Clerk, p, Barrie ... ... - DECLARATIO~SOF~REST ... Councillor Dreslinski indicated that she would be making a declaration of interest with respect to Items 2. a) and 2. b) of Report #1. - Councillor Novak indicated that she would be making a declaration of interest with respect to the delegations of Bernice Petryshyn and Joe Domitrovic as well as Item 1. a) of Report #1. - MINUTES OF PREVIOUS MEETINGS Resolution #C-755-97 ... Moved by Councillor Pingle, seconded by Councillor Elliott ... THAT the minutes of a special meeting of Council held on October 14, 1997, be approved. "CARRIED" j - - - Council Minutes MINUTES PUBLIC MEETING DELEGATIONS .. - 2 - October 27, 1997 IIIIiI Resolution #C-756-97 .. Moved by Councillor Pingle, seconded by Councillor Elliott .. THAT the minutes of a regular meeting of Council held on October 14, 1997, be approved, "CARRIED AS AMENDED LAlER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) .. - Resolution #C-757-97 Moved by Councillor Pingle, seconded by Councillor Elliott - THAT the minutes of the regular meeting of Council held on October 14, 1997, be corrected by replacing Resolution #C-739-97 with the following: - "THAT the foregoing Resolution #C-737-97 be amended by adding the following: · "except for Block 160~ich shall be approv~d for open space purposes" at the end of the second paragraph; and .. · the words "except for Block 160 which shall remain zoned as agriculture" following the word "approved" in the fourth paragraph .. .. "CARRIED" The foregoing Resolution #C-756-97 was then put to a vote and CARRIED AS AMENDED. .. .. A public meeting is being held for the purpose of passing a by-law to stop up, close and convey part of the Unopened Road Allowance Between Lots 2 and 3, Broken Front Concession, former Township of Darlington, Municipality of Clarington (Ridge Pine Park). .. No one was in attendance to address this matter. - Ron Hooper, Chairman, Bowmanville Improvement Area, c/o 39 King Street West, Bowmanville, L1C 1R2 provided Council with an update of activities undertaken by the BIA and thanked them and the municipal staff for the ongoing support of the various programs, ... ... III .. - .. Council Minutes DELEGATIONS .. .. .. .. - - ... - ... ... - ... - - - - - - 3 - October 27, 1997 Libby RacanskylFriends of Farewell, 3200 Hancock Road, Courtice, LlE 2Ml addressed Council with respect to fill which has been placed at 3242 Solin a Road, Courtice. Mrs, Racansky indicated that any fill should have met the July 1996 guidelines for allowable levels of contaminants and requested Council's assistance in ensuring that the Ministry of Environment and Energy investigators review the data, assess the problems and suggest solutions to safeguard the groundwater resources and protect residents from the negative impacts of soil and water contamination, Don Welsh and Annabelle Sissons, Clarington Older Adults, c/o 4280 Mearns Avenue, Bowmanville, LlC 31<5 advised prior to the meeting that they would not be in attendance. Don Welsh, 4280 Mearns Avenue, Bo\\manville, LlC 31<5 advised prior to the meeting that he would not be in attendance. Mavis Carlton, RR #2, Box 14, Group 2, Bowmanville, LlC 3K3 stated that she would address Council at the special meeting scheduled for November 3, 1997 with respect to Bowmanville Lakefront Issues, Glenda Gies, RR #2, Box 36, Grou~owmanville, LIC 3K3 advised that she would not be addressing Council. - ~ """ Andrew Berk, 650 King Street East, Oshawa, LIH IG5 addressed Council in opposition to the recommendations contained in Item 9. of Report #1 (Staff Report PD-149-97). Mr, Berk indicated that the population of the Courtice area is increasingly rapidly and requires the inclusion of a gas station at this access point to Highway #401. He stated that the staff report fails to indicate that 66 local residents have indicated support for the application and the fact that the gas station which was located south of Highway #401 at Courtice Road no longer exists, Alan Berk, 650 King Street East, Oshawa, LIH IG5 advised that he would not be addressing Council. Bill Roth, 1500 Highway #2, Courtice, LIE 2T5 advised that he would not be addressing Council. Councillor Novak made a declaration of interest with respect to the delegations of Bernice Petryshyn and Joe Domitrovic, vacated her seat and refrained from discussion of the subject matter, Councillor Novak indicated that she resides in the immediate area of the property which is the subject of the Official Plan - Amendment Application, Bernice Petryshyn, 1671 Taunton Road East, LIE 2L4 was called but was not in attendance. Council Minutes DELEGATIONS - - 4 - October 27, 1997 - Joe Domitrovic, 3872 Courtice Road, Courtice, LlE 2L5 advised Council that he will be appealing Council's decision to deny his Official Plan Amendment Application to the Ontario Municipal Board, He believes that Staff Report PD-152-97 contains incorrect information in Sections 4,2, 7.1, 7,6, 7.7, 8.4, 8,6 and 8.7. Mr. Domitrovic circulated a petition containing approximately 2000 signatures in support of his application, - ... Brenton Rickard, 507 Mill Street South, Newcastle, LlB 1C2 advised that he would not be addressing Council. ... Robin Ibbotson-Rickard, 141 Mill Street North, Newcastle, LlB 1C2 was called but was not present. ... Linda MacGregor, 40 Boulton Street, Newcastle, LIB 1L9 reiterated her October 14, 1997 request to allow no further building south of the Coastal Road in the Port of Newcastle development. She is aware that this building has been approved for Phase 1 but stated that the present proposal does not meet the definition of "coastal villa" found in Phase 1. ... - Jack Eilbecl~, 626 Mill Street, Newcastle, LlB lCl reiterated the concerns he outlined to Council on October 14,1~with respect to {Ee Port of Newcastle .development and advised that he also has concerns related to the level of noise emanating from the property which was experienced by the area residents over . the summer months. .. .. Patsy Scott, 514 Mill Street South, Newcastle, LlB lC2 was called but was not present. - John Campbell, 250 Baldwin Street, Newcastle, LlB lC1 addressed Council with respect to the Port of Newcastle development. He indicated his concern with the "hole-in-the-wall" access to the property, the possibility of the restrictions placed on the 250 room hotel being amended and the fact that stopping the issuance of building permits will not stop construction as the permits are issued for blocks of construction at one time. .. .. Erskine Duncan, 27 Boulton Street, Newcastle, LlB lL9 advised that he would not be addressing Council. .... Ron Webb, Kaitlin Group, 1209 McNicoll Avenue, Scarborough, M1W 3W6, advised Council that his client relied on the previous decision of Council in the approval of Phase 2 of the Port of Newcastle development and has made commitments to servicing and sales contracts, He stated that a municipality's credibility depends in large part on the dependability of it's decisions. Reconsidering approval of the development could jeopardize KaitIin's commitments to the municipality, .... ... .. ... III - - Council Minutes DELEGATIONS - - - - - .. RECESS - - - .. - - - - - - - - 5 - October 27, 1997 Resolution #C-758-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the order of the agenda be altered to deal with the delegations pertaining to the Port of Newcastle development at this time. "CARRIED" Mayor Hamre vacated the Chair. Councillor Scott assumed the Chair. Moved by Mayor Har,nre, No Seconder THAT the Rules of Procedure be suspended in order to allow the introduction of a motion to reconsider the approval of the construction of the coastal villas in Phase 2 of the Port of Newcastle development, Mayor Hamre resumed the Chair. Resolution #C-759-97 ~ ~-~- Moved by Councillor Dreslinski, seconded by Councilior Hannah.' . THAT Council recess for 15 minutes, "CARRIED" The meeting reconvened at 8:18 p.m, Correspondence Items I - 24 and I - 25 were distributed to Council as handouts, Resolution #C-760-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 4, I - 5, I - 6, I - 11, I - 16, I - 19 and I - 23. "CARRIED" I - 1 Correspondence received from Jae Eadie, President, Federation of - Canadian Municipalities - The Federation of Canadian Municipalities (FCM): Capacity and Value; 1-2 Correspondence received from a concerned citizen - Management of the Public Works Department; Council Minutes COMMUNICATIONS .. - 6 - October 27, 1997 .. 1-3 Correspondence received from The Honourable AI Leach, Minister of Municipal Affairs and Housing - Getting Together, The Report of the Special Advisor on the Greater Toronto Services Board; .. .. 1 - 7 Minutes of a meeting of the Newcastle Community Hall Board held on September 15, 1997; 1 - 8 Minutes of a meeting of the BowmanviIle Museum Board held on .. September 10, 1997; 1-9 Correspondence received from Frank Hoar, Secretary, Newcastle ... Ratepayers' Association - Letter of Appreciation - Beaver Street, Newcastle; ... 1-10 Correspondence received from Cathy Abraham, Chairperson, Newcastle Community Hall Board - Addition of Bar in the Newcastle Community Hall; ... 1 - 12 Minutes of meetings of the Local Architectural Conservation Advisory Committee held on September 9 and September 16, 1997; Minutes of a m~eting of th~ C~al Lake Ontarfo Conservation ... 1 - 13 Authority heid on October 7, 1997; 1 - 14 Correspondence received from Christine Dodds, Assistant City Clerk, .. City of Toronto - Catching Your Breach - Partnerships for Clean Air; 1 - 15 Correspondence received from Ian D, Macnab, General .... Manager/Secretary-Treasurer, Kawartha Conservation Authority - Nominations for Kawartha Conservationist Award; III 1 - 17 Correspondence received from Hazel McCallion, Mayor, City of Mississauga - Downloading and Pooling of Social Services Costs; 1 - 18 Resolution received from the GTA Mayors and Regional Chairs ... Committee Meeting held on Friday, October 17, 1997 re: Who Does What; ... 1 - 20 News Release received from the Ministry of Municipal Affairs and Housing entitled "Leach Accepts Social Housing Recommendations"; I - 21 Correspondence received from Bruce Taylor, Town Clerk, Town of - .... Pickering - New Parcel Mapping for the Town of Pickering; 1-22 Interim Report received from the Transition Team entitled "New City, ... New Opportunities"; 1 - 24 Correspondence received from the Kawartha Conservation Authority - .. Notice of Upcoming Events; and III ... .. - Council Minutes COMMUNICATIONS - - - I - 4 I - 5 1-6 Certified Municipal Managers M04.GE - - - - - .. - 1- 11 - Resolution re: White Ribbon Campaign ClO.AD - .. I - 16 - Clarington Public Library - ProVincial Grants Fl1.PR - - - - 7 - October 27, 1997 I _ 25 Press Release received regarding Durham Region Festival of Trees to be held on November 28 and 29, 1997, at the Parkwood Estate, Resolution #C-761-97 Moved _by Councillor Scott, seconded by Councillor Pingle THAT the correspondence received from Mike Brown, President, The Ontario Municipal Management Institute regarding the achievement of the Certified Municipal Manager II Designation by Michael Creighton, Fire Chief, William Hesson, Deputy Fire Chief and Gord Weir, Captainffraining Officer, be received for information, "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-762-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C:7iJ;97 be amended~~ adding the following thereto: . . -. . - . - . - "and that a letter of congratulations be forwarded to these individuals from Mayor Hamre and the Members of Council." "CARRIED" The foregoing Resolution #C-761-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-763-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated October 1, 1997, from R Walton, Metropolitan Clerk, Municipality of Metropolitan Toronto, regarding the White Ribbon Campaign, be received for information, "CARRIED" Resolution #C-764-97 Moved by Councillor Scott, seconded by Councillor Pingle irHAT the correspondence dated October 20, 1997, from Cynthia Mearns, Library Director, Clarington Public Library, regarding Provincial Grants, be rechived for information. "CARRIED" Council Minutes COMMUNICATIONS I - 19 Proposed Water Pollution Control Plant E08,GE 1-23 So line Road Site E05.GE D - 1 Rezoning and Site Plan W.E. Roth Construction D14.DEV.94-054 .. - 8 - October 27, 1997 ... Resolution #C-765-97 .. Moved by Councillor Scott, seconded by Councillor Pingle ... TI-lAT the correspondence dated October 15, 1997, from Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, regarding the proposed water pollution control..plant, be received for information, .. "CARRIED" Resolution #C-766-97 .. Moved by Councillor Scott, seconded by Councillor Pingle TI-lAT the correspondence dated October 14, 1997, from R Shaw, Regional Director (Acting), Ministry of Environment and Energy, regarding the Lombardo Property at 3242 Solina Road, Courtice, Municipality of Oarington, be received for information, ... ... "CARRIED AS AMENDED LATER IN TIIE MEETING" (SE~LLOWINGAtlENDING MOTION) - Resolution #C-767-97 IIIIIIi Moved by Councillor Novak, seconded by Councillor Hannah TI-lAT the foregoing Resolution #C-766-97 be amended by adding the following thereto: .. "and referred to staff for review and preparation of a report containing recommendations to the MOEE in order to prevent a similar situation from happening in the future," .. "CARRIED" .. The foregoing Resolution #C-766-97 was then put to a vote and CARRIED AS AMENDED. .. Correspondence Item D - 17 was distributed to Council as a handout. Resolution #C-768-97 .. Moved by Councillor Hannah, seconded by Councillor Dreslinski .. TI-lAT the items of correspondence received from residents in the area of the rezoning and site plan application submitted by Alan Berk on behalf of W,E, Roth Construction Limited to permit a gas bar and ancillary kiosk in Part Lot 28, Concession 2, Former Township of Darlington, be received; and ... TI-lAT the residents be advised of Council's decision in this matter. ... "CARRIED" ... - - Council Minutes COMMUNICATIONS - D - 2 - Proposed OPA and Rezoning Lishman DI4.DEV,97-058 - - - D - 3 - - Orono Forestry Property D05.GE - - - D - 4 - Proposed OPA and Rezoning Ridge Pine Park - - - D - 5 - Townline Road North Drainage of Property P01.By - - - 9 . October 27, 1997 Resolution #C-769-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 10, 1997 from Jeffrey Davies, Davies Howe Partners regarding the Official Plan and Zoning Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for consideration in conjunction with the subject file; and THAT Jeffrey Davies be advised of Council's decision, "CARRIED" Resolution #C-770-97 Moved by Councillor Hannah, seconded by Councilior Dreslinski THAT the correspondence dated October 8, 1997, from Carol Mostert regarding the Orono Forestry property, be received; ~ ~- THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Carol Mostert be advised of Council's decision, "CARRIED" Resolution #C-771-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 17, 1997 from F,R. Ufton regarding the Proposed Official Plan Amendment and Zoning By-law Amendment submitted by Ridge Pine Park Inc, for Part Lots 2 and 3, Broken Front Concession, Former Township of Darlington, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT F.R. Ufton be advised of Council's decision. "CARRIED" Resolution #C-772-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Victor and Annette White regarding concerns with drainage on their property, be received; Council Minutes COMMUNICATIONS D - 6 Proposed OPA and Rezoning Lishman D14.DEV,97-058 D - 10 Poppy Day M02,GE D - 12 Proclamation of World AIDS Day M02.GE IIIlIl - 10- October 27, 1997 ... TI-IAT the correspondence be referred to the Director of Public Works and the Senior Municipal Law Enforcement Officer for review and appropriate action; and .. ... TI-IA T Victor and Annette White be advised of Council's decision. "CARRIED" IIIlIl Resolution #C-773-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski ... TI-IAT the correspondence dated October 1, 1997 from Ronald Johnson expressing opposition to the Official Plan and Zoning By-law Amendment submitted by Mr, and Mrs, Lishman, be received; ... TI-IAT the correspondence be referred to the Director of Planning and Development for appropriate action; and .. TI-IAT Ronald JOh..11S0n be advised of Council's decision, ... "CARRiED" . ~,~ Resolution #C-774-97 ... Moved by Councillor Hannah, seconded by Councillor Dreslinski TI-IA T the correspondence dated October 10, 1997 from Cecile Bowers, Secretary, Branch 178, The Royal Canadian Legion, regarding the Poppy Campaign, be received; ... TI-IA T permission be granted to The Royal Canadian Legion to distribute their poppies between November 1 and November 11, 1997 throughout the Municipality; ... ... TI-IAT permission be granted to The Royal Canadian Legion to fly their Poppy Flag at the Town Square; and .. TI-IA T Cecile Bowers be advised of Council's decision. "CARRIED" .. Resolution #C-775-97 ... Moved by Councillor Hannah, seconded by Councillor Dreslinski TI-IAT the correspondence dated October 17, 1997, from Gerald Dafoe, Executive Director, Canadian Public Health Association, requesting proclamation of World AIDS Day, be received; IIIlIl .. iii .. - Council Minutes COMMUNICATIONS - - - D - 14 - Concerns re: Unsafe Streets P01.BY - - - D - 16 - Proclamation of Crimestoppers Month M02,GE - - .. - D - 17 - Proclamation of Veterans' Week M02.GE - - - - - 11 - October 27, 1997 THAT December 1, 1997 be proclaimed "World AIDS Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Gerald Dafoe be advised of Council's decision. "CARRIED" Resolution #C-776-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 25, 1997 from Karen Thompson regarding unsafe streets in the municipality, be received; THAT the correspondence be forwarded to the Durham Regional Police Department for appropriate action; and THAT Karen Thompson be advised of Council's decision, "CARRlED~ Resolution #C-777-97 ~ ~~". Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 16, 1997 from Sgt, Kevin Slaney, Coordinator, Durham Regional Crime Stoppers, requesting proclamation of Crime Stoppers Month, be received; THAT the month of January 1998 be proclaimed "Crime Stoppers Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Sgt, Kevin Slaney be advised of Council's decision, "CARRIED" Resolution #C-778-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Fred J, Mifflin, Minister of Veterans Affairs, requesting proclamation of Veterans' Week, be received: THAT the week of November 5 to 11, 1997, be proclaimed "Veterans Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Fred J. Mifflin be advised of Council's decision. "CARRIED" Council Minutes COMMUNICATIONS D - 7 Resolution re: GT A Pooling ClOAD D - 8 Resolution re: GTA Pooling ClO.AD D - 9 Transfer of Ambulance Services Resolution C10.AD D-ll National Unity Municipalities M02GE .. - 12 - October 27, 1997 ... Resolution #C-779-97 - Moved by Councillor Dreslinski, seconded by Councillor Novak ... TI-IAT the correspondence dated September 29, 1997, from Marjory Morden, Clerk, Town of Caledon, requesting endorsement of a resolution regarding GTA Poolin~ be received; - TI-IAT the Municipality of Clarington endorse the resolution of the Town of Caledon; and ... TI-IAT the Minister of Municipal Affairs and Housing, Area M,P.P.s and Marjory Morden be advised of Council's decision, ... .CARRIED" Resolution #C-780-97 - Moved by Councillor Novak, seconded by Councillor Dreslinski --~:'lle , TI-IAT the correspondence dated Oct06er 16, 1997, from~.D, Leach. CIty Clerk, City of Vaughan, requesting eridorsemeritof a resolution regro-dmg property tax pooling in the GTA, be received; ... .. TI-IAT the Municipality of Clarington endorse the resolution of the City of Vaughan; and ... TI-IAT John O'Toole, M,P.P. and lD, Leach be advised of Council's decision. .CARRIED" .. Resolution #C-781-97 Moved by Councillor Dreslinski, seconded by Councillor Scott - TI-IAT the correspondence dated October 9, 1997, from Sandra Krane, Manager of Support Services, City of Oshawa, regarding the tansfer of responsibility for ambulance selVice by the Provincial Government, be received for information, - .CARRIED" - Resolution #C-782-97 Moved by Councillor Dreslinski, seconded by Councillor Scott TI-IAT the corre~pondence dated October 1, 1997, from Inky Mark., MJ>>. (Dauphin-Swan River), Deputy Critic, regarding Canada's National Unity, be received for information, ... .. .CARRIED" .. ... ... - Council Minutes COMMUNICATIONS - D-13 - Resolution re: Downloading CI0.AD - - - D - 15 - - The Fair Municipal Finance Act L11.PR - - .. MOTION - NOTICE OF MOTION COMMITTEE REPORTS Resolution #C-785-97 - Report #1 - GP A Report of October 20, 1997 - - REPORTS - - - 13 - October 27, 1997 Resolution #C-783-97 Moved by Councillor Hannah, seconded by Councillor Novak TIIAT the correspondence dated October 15, 1997, from Ronald R. Shaw, City Clerk-Administrator, City of Stratford, requesting endorsement of a resolution regarding Provincial Downloading, be received; TIIAT the Municipality of Clarington endorse the resolution of the City of Stratford; and TIIAT Premier Harris and Ronald R. Shaw be advised of Council's decision. "CARRIED" Resolution #C-784-97 Moved by Councillor Dreslinski, seconded by Councillor Novak TIIAT the correspondence received from Kelvin Whalen, Chair, Durham Chapter, Urban Development Institutel Ontario, regarding The Fair Municipal Finance Act (Bill 149 Part 2) - Assess~~t.of Farm1ands~ending Development, be received; . TIIA T the correspondence be referred to the Treasurer for review and report; and TIIA T Kelvin Whalen be advised of Council's decision. "CARRIED" Moved by Councillor Dreslinski, seconded by Councillor Hannah TIIA T the General Purpose and Administration Committee Report of October 20, 1997, be approved with the exception of Items 1. a), 2. a) and 2. b). "CARRIED" Councillor Novak made a declaration of interest with respect to Item 1.a) (Report PD-152-97); vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in the immediate area of the property which is the subject of the Official Plan Amendment Application. Council Minutes REPORTS Item 1. a) Official Plan Amendment Domitrovic Item 2, a) CL97-22 - Darlington Soccer Field Lighting F18,QU ... - 14 - October 27, 1997 ... Resolution #C-786-97 .. Moved by Councillor Pingle, seconded by Councillor Elliott THAT Report PD-152-97 be tabled to allow staff an opportunity to confer with the applicant and bring back a further report addressing those sections of the report \yhich are being questioned. ... .. "CARRIED ON THE FOLLOWING RECORDED VOlE" .. Recorded Vote Yea Nav Declaration of Interest .... Councillor Elliott Councillor Hannah Councillor Pingle Mayor Hamre Councillor Dreslinski Councillor Scott Councillor Novak .. Councillor Dreslinski made a declaration of interest with respect to Items 2, a) and 2, b) (Report TR-94-97 and RepoFFrR-96-97); vaclfted her chair anq . refrained from discussion and voting on' the subject matter, Councillor Dreslinski indicated that her son is employed by one of the tenderers, .. .. Resolution #C-787-97 Moved by Councillor Hannah, seconded by Councillor Novak .. THAT Report TR-94-97 be received; THAT Langley Utilities Contracting Limited, Bowmanville, Ontario, \vith a bid in the amount of $121,300,00 plus GST, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-22, be awarded the contract for Darlington Soccer Field Lighting; ... .. THAT the total project cost detailed in a letter from Totten Sims Hubicki Associates, marked Schedule "CO attached to Report TR-94-97, estimated at $200,100,00, including construction, final design, contract administration, Ontario Hydro Facilities, contingencies and G,S,T., be drawn from the Public Works 1995 Capital Budget Carryover Account 1110-196-0000; and .. - THAT the by-law attached to Report TR-94-97, marked as Schedule "An, authorizing the Mayor and Clerk to execute the necessary agreement, be approved, FORTHWITI-I, ... "CARRIED" I .. .. IlIIl ... - Council Minutes REPORTS - Item 2. b) - CL97-19 - Various Street Lighting Improvements FI8.QU - - - - - - - - - - - Report #2 - Subdivision Agreement - Redesco Plan 10M-822 - - - - 15 - October 27, 1997 Resolution #C-788-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report TR-96-97 be received; THAT Ron Robinson Limited, Oshawa, Ontario, with a bid in the amount of $162,048.34, including GST, being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL97-19, be awarded the contract for Decorative Lighting at various locations; THAT funds in the amount of $95,000,00, Part "A" and Part "E" (total project cost $188,900.00 including contract administration, Ontario Hydro, Contingencies, less Part "D") be drawn from Public Works 1997 Capital Account 7230-00210-0000; THAT funds in the amount of $41,900.00, Part "B" be drawn from Public Works 1997 Capital Account 7205-01001-0261 - Uptown Avenue; THAT funds in the amount of $33,300, Part "C" be drawn from Public Works 1996 Carry-over Capital Account 7205-96001-0261 - Green Road; -~ .~~ '. . '. THAT the additional funds required for Part "A" - Highway #2 West Bowrnanville and Part "E" - Courtice Road - Nash Road southerly to Stage master Crescent, in the amount of $18,700,00 be drawn from the Public Works Development Charge Reserve Fund Account 1100-00184-0000 in the amount of $15,988.50 and the amount of $2,711,50 be dawn from the Public Works Lot Levy Reserve Fund Account 1110-00157-0000 or tax levy as appropriate; THAT Part "D", Peter's Pike Walkway Lighting be included in the award with funds in the amount of $10,000 to be drawn from the approved 1997 budget account 7230-00210-0000, and the additional funds of $11,900 to be funded from the Public Works Lot Levy Reserve Fund, Account 1110-00157-0000, or tax levy as appropriate; and THAT the by-law attached to Report TR-96-97 marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved FORTHWITI-I. "CARRIED" Resolution #C-789-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the municipality acquire the storm sewer easement from Gregory and Tracey Soyka for the purchase priCe of $7,800,00 on the terms set out in the letter from Dennis C. Hefferon to the Sbykas (Attachment No.2 to the letter); THAT the municipality settle the claims of D,G. Biddle & Associates Limited and Ron Robinson Limited by payment to each in the amount of $1.500 in exchange for a release of those claims; Council Minutes REPORTS Report #3 Hydro Easement Hetherington/Quinn L07.0N Report #4 Co-Operative Request for Proposal RFP97-9 Direct Purchase of Natural Gas L04.CO Report #5 Who Does What Impact - Provincial Announcements L11.PR .. - 16 - October 27, 1997 ... TIIAT the amounts required to purchase the storm sewer easement, settle the claims and pay for all related appraisal and legal costs be appropriated from the Performance Guarantee deposited with the Municipality's Treasurer by Redesco Inc" to secure its obligations under the subdivision agreement and oversizing collections made by the municipality pursuant to the Subdivision agreement; and ... ... TIIAT after acquisition of the storm sewer easement and payment of the costs referred to above, the balance of the Performance Guarantee and oversizing collection be paid to the Sheriff of York Region to satisfy the requirements of the Notice of Garnishment. ... ... "CARRIED" Resolution #C-790-97 ... Moved by Councillor Scott, seconded by Councillor Dreslinski TIIAT Report ADMIN-48-97 be received for information; and ... TIIA T Council request the Region of Durham to give consideration to waiving the procedural by-law and allowing a ~e fee for the transfer of the former Hydro Easement in. question, . ~~. """ "CARRIED" """ Resolution #C-791-97 Moved by Councillor Novak, seconded by Councillor Hannah """ TIIAT Report TR-IOO-97 be received; TIIAT the Chief Administrative Officer and the Treasurer be authorized to enter into an agreement for the Direct Purchase of Natural Gas, with the most responsive bidder meeting all terms and conditions of RFP97-9, and in accordance with any future recommendation of the Durham Purchasing Co-operative Group; and - ... TIIAT the by-law attached to Report TR-IOO-97 authorizing the Mayor and Clerk to execute the necessary agreement be approved, ... "CARRIED" - Resolution #C- 792-97 Moved by Councillor Scott, seconded by Councillor Dreslinski ... TIIAT Report TR-99-97 be Feceived for information; TIIAT the Minister of Municipal Affairs and Housing be provided a copy of Report TR-99-97 and be advised that the Municipality of Clarington objects to the lack of detailed information and the uncertainty of the numbers and formulae identified in the document titled Who Does What - Budget Planning Worksheets released on October 6, 1997; and .. ... IlIIi .. ... Council Minutes REPORTS ... .. Report #6 ... ... Parking Enforcement on Private Property T03.GE - .. .. ... Report #7 Blue Circle T09.BL ... ... ... .. .. Report #8 - Proposed Transfer Station L07.0N ... - - - 17 - October 27, 1997 THAT M,P,P., John O'Toole and the Commissioner of Finance, Region of Durham, be provided with a copy of Report TR-99-97, "CARRIED" Resolution #C-793-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT Report CD-45-97 be received; THAT the four security officers listed on the letter from Group 4 c.P.S. be appointed as By-law Enforcement Officers for the sole purpose of enforcing the provisions of the Traffic By-law on the private property at 2800 Courtice Road; THAT the by-law attached to Report CD-45-97 appointing these people be forwarded to Council for approval; and THAT Helen Roussy and Group 4 c.p,S. Limited, be advised of Council's decision, :CAlOOED" . ~.......; W,H. Stockwell, Chief Administrative Officer, presented a verbal report regarding Principles of Understanding between Blue Circle Canada Inc., and the Municipality of Clarington on the implementation of the recommendations of the Waterfront Regeneration Trust Report on the Westside Marsh, He advised that the negotiating teams have now struck an agreement which will be presented to Council at the special meeting scheduled to be held on November 3, 1997, at 9:00 a.m. Resolution #C-794-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the verbal report of the Chief Administrative Officer pertaining to Blue Circle Canada Inc. negotiations, be received, "CARRIED" Resolution #C-795-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Addendum to Report WD-67-97 be received; THAT a by-law be passed authorizing the Mayor and Clerk to execute the purchase and sale with Ontario Realty Corporation of the land and premises described as follows: Council Minutes REPORTS Report #9 Older Adults Centre AlO,OL Report # 10 Tender CL97-27 Garnet Rickard Complex Twin Pad FI8.QU ... - 18 - October 27, 1997 - Part of Lot 1, Broken Front Concession, in the Municipality of Clarington, (former Township of Darlington), in the Regional Municipality of Durham, consisting of approximately 13,097 acres and being more particularly described in Attachment No, 2 to Report WD-67-97, Agreement of Purchase and Sale; ... .. TI-IAT by-laws be passed to authorize the Mayor and Clerk to execute an operating agreement, lease and amendment to the Collection Agreement with Canadian Waste, giving effect to the intent of the Addendum to Report WD-67-97, following a completion of the purchase from Ontario Realty Corporation; and 0IIIIii .. TI-IAT, if an Official Plan Amendment and a Rezoning are deemed necessary by the Director of Planning and Development, staff be authorized to initiate site specific amendments to the Official Plan and the Rezoning By-law to permit the acceptance of non-Clarington sourced residential and IndustriaVCommercial/ Institutional (ICI) waste at the proposed transfer station. ... 0IIIIii "CARRIED ON TI:IE FOLLOWING RECORDED VOTE" Recorded Vote --~ ... .~ Yea Nay Absent ... Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Mayor Hamre Councillor Scott .. ... Resolution #C- 796-97 Moved by Councillor Dreslinski, seconded by Councillor Scott .. TI-IAT Report ADMIN-49-97 be referred to the Council meeting scheduled to be held on November 3, 1997, .. "CARRIED" Resolution #C- 797 -97 .. Moved by Councillor Novak, seconded by Councillor Hannah ... TI-IAT Report TR-101-97 be received; TI-IA T Peak Engineering & Construction Ltd" Brighton, Ontario, with a total bid in the amount of $4,025,925.00 (as negotiated) being the lo..yest responsible bidder meeting all terms, conditions and specifications of Tender Ci:97-27, be awarded the contract for the construction of the expansion of the Garnet B. Rickard Recreation Complex; ... ... ... - - Council Minutes REPORTS - - - - - - Report # 11 - Confidential Legal Matter - UNFINISHED BUSINESS - .. Draft Plan of Condominium WE Roth - D07.18CDM-97005. - .. - - - - - - 19 - October 27, 1997 TI-IA T funds required in the amount of $4,075,000,00 be drawn from the 1997 approved Garnet B. Rickard Recreation Complex Construction/Renovation Capital Budget Account #7606-00003-0501, and as revised in accordance with Schedule "A" attached to Report TR-101-97; TI-lAT the additional funds required in an approximate amount of $361,000.00 (tender bid price of $4,556,000.00 negotiated to $4,025,925.00, plus $200,000,00 contingencies, plus $218,000.00 design and contract administration less $4,075,000.00 budget allocation) be drawn from the Impact/Escrow Reserve Fund Account #5001-00050-0000; and TI-lAT the by-law attached to Report TR-I01-97 and marked as Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement, be approved, "CARRIED" Resolution #C-798-97 Moved by Councillor Dreslinski, seconded by Councillor PingIe TIIAT the Confidential Report of the~kitor be referretf to. the end.0f the 'agenda to be discussed during a "closed" session of Council. "CARRIED" Resolution #C- 799-97 Moved by Councillor Scott, seconded by Councillor Novak TI-lAT Report PD-151-97 be lifted from the table, "CARRIED" Resolution #C-800-97 Moved by Councillor Scott, seconded by Councillor Pingle TI-lAT Report PD-151-97 be received; THAT the Region of Durham Planning Department be advised that the Municipality of Clarington has no objections to the approval of the Draft Plan of Condominium 18CDM-97005 as submitted by W,E. Roth Construction Limited and Edlup Holdings Limited, subject to the applicant complying with the terms and provisions of the Development Agreement registered on title under Instrument Number 156682; and TI-lAT the interested parties listed in Report PD-151-97 and any delegation be advised of Council's decision. "CARRIED" ... Council Minutes - 20 - October 27, 1997 .... UNFINISHED BUSINESS Resolution #C-801-97 ... Moved by Councillor Dreslinski, seconded by Councillor Novak .... TI-IAT the delegation of Ron Hooper be acknowledged with appreciation and a copy of his presentation be circulated to staff. "CARRIED" ... Resolution #C-802-97 ... Moved by Councillor Hannah, seconded by Councillor Novak TI-IAT the delegation of Libby Racansky be acknowledged and a copy of her presentation be circulated to staff for review and preparation of a report, .... "CARRIED" .. Resolution #C-803-97 Moved by Councillor Dreslinski, seconded by Councillor Novak -~ ...~ ... THAT the delegation of Mavis Carlton be acknowledged and 'she'be advised of Council's decision. ... "CARRIED" Councillor Novak made a declaration of interest with respect to the delegation of Joe Domitrovic, vacated her chair and refrained from discussion on the subject matter, Councillor Novak indicated that she resides in the immediate area of the property which'is the subject of the Official Plan Amendment. ... .... Resolution #C-804-97 Moved by Councillor Pingle, seconded by Councillor Hannah - TI-IAT the delegation of Joe Domitrovic be acknowledged and he be advised of Council's decision. .. "CARRIED" Resolution #C-805-97 .. Moved by Councillor Dreslinski, seconded by Councillor Scott .... TI-IAT the delegations of Linda MacGregor, Jack Eilbeck, John Campbell and Ron Webb, be acknowledged and they be advised of Council's decision, "CARRIED" ... III .. - - Council Minutes BY-LAWS - - 21 - October 27, 1997 Resolution #C-806-97 - Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: - 97-223 - 97-224 - 97-225 - 97-226 - 97-228 - being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc.); being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Green- Martin Holdings Ltd.); being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (290572 Ontario Ltd,); being a by-law to adopt Amendment Number 3 to the Oarington Official Plan; ._~ '~b.o being a by-law to authorize a.contract betweeIithe Corporation of the Municipality of Clarington and B,N, Fenton Construction Ltd., Courtice, Ontario, for the Foster Creek Culvert Extension, Robert Street, Newcastle; - 97-230 being a by-law to repeal certain appointment by-laws; - 97-231 being a by-law to authorize the execution of an agreement of Purchase and Sale between the Corporation of the Municipality of Clarington and Her Majesty the Queen, in right of Ontario, as represented by the Chair of the Management Board of Cabinet; - 97-232 being a by-law to change the name of Dyke Place, Plan 4OM-1691, to Bluehaven Court and to repeal By-law 97-179; 97-233 being a by-law to open and dedicate an extension of Brownsville Road between Lots 18 & 19, Concession 1, former Township of Clarke, Municipality of Clarington, subject to a Site Plan Agreement with Imperial Oil; - - 97-234 being a by-law to stop-up and close and authorize the conveyance of part of the unopened road allowance between Lots 2 and 3, Broken Front Concession, former Township of Darlington (Ridge Pine Park); - - 97-235 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-910l2 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-91012; - 97-236 being a by-law to appoint certain persons as Parking Enforcement Officers for 2800 Courtice Road, Courtice; and - Council Minutes BY-LAWS OTI-IER BUSINESS .. - 22- October 27, 1997 ... 97-239 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle and that By-law 97-156 be repealed. ... .. "CARRIED" Councill9r Dreslinski made a declaration of interest earlier in the meeting and refrained from discussion and voting on By-laws 97-227 and 97-229, ... Resolution #C-807-97 ... Moved by Councillor Hannah, seconded by Councillor Elliott TIIAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: ... 97-227 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Langley Utilities Contracting Limited, Bowmanville, Ontario, for the Darlington Soccer Field Lighting; and ... 97-229 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington a~Ron Robinsori L'imited, Oshawa, Ontario, for -varibus street lighting improvementS, ... "CARRIED" ... Resolution #C-808-97 ... Moved by Councillor Hannah, seconded by Councillor Elliott TIIAT the third and final reading of By-laws 97-223 to 97-239 inclusive, be approved. ... "CARRIED" - Resolution #C-809-97 ... Moved by Councillor Dreslinski, seconded by Councillor Hannah TIIAT the meeting schedule be amended by cancelling the General Purpose and Administration Committee meeting scheduled for November 17, 1997, and the Council meeting scheduled for November 24, 1997. ... .. "CARRIED" .. ... ... - .. Council Minutes OTHER BUSINESS .. .. .. .. - - .. .. .. - .. .. .. .. - - - - 23 - October 27, 1997 Resolution #C-81O-97 Moved by Councillor Novak, seconded by Councillor Hannah TI-IA T the Regional Update and the Boards/Committees Update be referred to a future meeting. "CARRIED" Resolution #C-81l-97 Moved by Councillor Scott, seconded by Councillor Novak TI-IA T a letter be forwarded to the Minister of Municipal Affairs and Housing expressing concern over the lack of Provincial Funding for public libraries. "CARRIED" Resolution #C-812-97 Moved by Councillor Pingle, seconded by Councillor Novak -~~ ...-- TI-IAT the meeting be "closed", "CARRIED" Resolution #C-813-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle TI-IA T the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-814-97 Moved by Councillor Hannah, seconded by Councillor Elliott TI-IAT leave be granted to introduce By-law 97-240, being a by-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and North Lake Estates Inc., Sylvan Estates Inc., Bennett Developments Inc., and the Northumberland-Clarington Board of - Education and to repeal By-law 97-177 and that the said by-law be now read a first and second time, "CARRIED" Resolution #C-815-97 Moved by Councillor Hannah, seconded by Councillor Elliott TI-IAT the third and final reading of By-law 97-240 be approved, "CARRIED" Council Minutes IIlII - 24 - October 27, 1997 CONFIRMING BY-LAW IIlII ADJOURNMENT Councillors Dreslinski and Novak made declarations of interest earlier in the meeting and refrained from voting and discussion on the Confirming By-law, IIlII "CARRIED" filii Resolution #C-816-97 .. Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce By-law 97-241, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of October 1997, and that the said by-law be now read a first and second time, ... .... "CARRIED" Resolution #C-817-97 ... Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and fmal reading ofBY!faw 97-241 be approved. .... "CARRIED" "'" Resolution #C-818-97 "'" Moved by Councillor Novak, seconded by Councillor Scott THAT the meeting adjourn at 9:00 p,m, ... "CARRIED" ...r .... MAYOR ... ... CLERK .. I11III IlIiI - COUNCIL INFORMATION I~1 ~~ ONTARIO LA MARCHE ~ ~ MARCH DES DIX SOUS ~ ;;IlIlII OF DIMES DE ~ONTARIO - - OCT 28 2 11 PH '97 Independence for Adults with Physical Disabilities Autonomie pour adultes ayant un handicap physique - - October 23, 1997 - - Ms. Patti Barrie Town Clerk 40 Temperence street Bowmanville, Ontario L1C 3AG - Dear Ms. Barrie: - Throughout the month of January, the Ontario March of Dimes will be conducting its' annual door~to-doorcampaign acr9ss the province.. We are calling residents, of, 'the community to ask them to participate in the campaign as a canvasser. - Should you require further information about our campaign, I encourage you to contact me at (905) 773-7758. - Sincerely, - (~l {Jail li;md Pam VanEgmond Fundraising and Volunteer Co-ordinator Central Region ~)'-'~ - "~I. . (".:'.. " \}, 1; ~ ; ~ . ~': . . . - j._~~~.~:~ : 1.---.-. - .. .-- ..--.', - - - Tr" Honourable David R. P~:€rson. P.C . a.c. He-orary Chair Central Region P.O. Box 2220 City Hall Complex Oshawa, Ontario L1 H 7V5 , C.Mo ~ (~.___. L'honorable David R. Peterson, P.G.. Q.C.' Region du Central , President honoraire ;-...'-">. .C.P...mQ' :..-..- "-'_h__~ i Complexede 1~i-i6ieTde iiil1e~" Oshawa (Ontario) L 1 H 7V5 - Tr." Honourable Henry N. R Jackman Tt" Honourable Lincoln M. ':'lexander Ve-J(lIca Tennant. O.C. Oscar Peterson. O.C. HCt".orary Patrons Tel: (905) 434-5280 Fax: (905) 436.2862 Internet: www.omod.org L'honorable Henry N. R. Jackman L'honorable Lincoln M. Alexander Veronica Tennant, O.C. Oscar Peterson, o.C. Patrons et patronl)es honoraires Telep. : (905) 434-5280 Telec. : (905) 436.2862 Intemet: www.omod.org J€ ~~nette Shannon. PreslOe'nl Jeannelle Shannon - Presidente - A-,:na Spindel - Executive 1:)~ector Charitable Reg. No. BN 107883928 RROOOl Andria Spindel - Directrice generale NO enreg. oeuvre de bien!. BN 10788 3928 RROOOl - ~0~n-'1(//- { a-R~~ %'-tjJl 0,0 0<<' OUrAN i OCT 28 2 11 PH Novina Wong Metropolitan Clerk ,~Iph Walton JPlputy Metropolitan Clerk COUNCIL INFORMATION METRO CLERK The Municipality of Metropolitan Toronto 55 John Street Stn. 1071, 7th Fir., Metro Hall Toronto, ON M5V 3C6 Fax (416) 392-2980 Telephone (416) 39 2-8670 melroclerk@melrodesk.melrolor.on.ca hllp:llwww.melrolor.on.ca 1-2 .. - - - October 22, 1997 - .. Ms. Patti Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 - Dear Ms. Barrie: .. This will acknowledge receipt of a communication dated July 31, 1997, advising that the Rural Mayors of the Greater Toronto Area adopted a Resolution requesting the Minister of Municipal Affairs and Housing to provide a grace period for the rural municipalities in the Greater Toronto Area ("GTN), namely, the municipalities' of Caledon, King, Brock, Uxbridge, . ScugogandOarington, such . grace period to be from the time the legislation is passed to the end of the term of Council, in order that the rural municipalities have the time and opportunity to conduct the necessary review, appropriate studies and comprehensive public consultation process to assist the rural municipalities in their decision regarding their membership in the Greater Toronto Services Board; and directed that a copies of the Resolution be forwarded to the Premier of Ontario, the MPPs of Ontario, the Rural Municipalities of the GTA, the Regional Municipalities within the GTA, the Special Advisor, Greater Toronto Services Board, and the Association of Municipalities of Ontario, for their information and support, Metropditan Council has adopted a Resolution Policy and Process which, firstly, recognizes the Federation of Canadian Municipalities and the Association of Municipalities of Ontario as the appropriate forums for municipalities to present resolutions for endorsement. In accordance with Council's Resolution Policy and Process, a-precis of your communication and resolution was circulated to all Members of Council and Heads of Departments for their information, Members and Department Heads can then obtain a copy of the resolution, and, if it is deemed necessary, request the appropriate Standing Committee, through this Office, in writing and within ten business days of receipt of the resolution, to give consideration thereto. .....-. ... ". .. '..- .- . ~~~Uch requests have been received and accordingly, your communication h~s:,'~~f~'r~~_~~~_~~~:_ ~J Yours truly, - .. .. .. .. .. .. - QG (lY'\ ~etropolitan Clerk ~' ""~~ Walton/csb - I -- .,~..-.--'. ....---.j I ._- -~--j \ - . f'.- ~ -, - /T-r-= - COUNCIL INFORMATION 1-3 ~~ - OshaTWa OCT Z8 2 11 Ptl '97 - Department of Corporate Services - - File A-25ll October 23, 1997 - Marie Knight, Deputy Clerk - Municipality of Clarington 40 Temperance Street Bowmanville, Ontario - LlC 3A6 _ Re: )-- Social Assistance and Housin Costs - Your File D .GT Thank you for your iette! of October 15, 19~7, outlirii~g y~ur position on this matter, - All members of City Council will be advised of your request for support, Any Councillor may request the item 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, - /-----..\ /' t.. -f:1A Jennifer Al an _ Secretary to the City Clerk 0JJa-;- r-;J~'-:'.-:-:~:~_.-.-' -- -- .----..-_ I ...',.;:..; ~i j7;(~'..t t f (;;::~,:~ /~VB~=-'~~~ i ~,. -.._.~ ' '.. , .~ . t _ .. .. -'.- --...-- -:'!-.- . I Ja - c. Councillors' Office - /Jo;;<. (J- ,- The Corporation of the City of Oshawa - City Clerk's Branch 50 Centre Street South. Oshawa, Ontario L 1 H 3Z7 @ TEL: (90S) 436-5639, FAX: (90S) 436-5697 - - ... - - - ... - ... - ... - - - - - - - - - ~.......- -- COUNCIL INFORMATION 1-4 Ontario Urban Transit Association AGEf\ i'\1 . . ~ .1 ~..' '-' 55 York Street. Suite 901 Toronto. Ontario M 5J 1 R 7 (416) 365-9800 Fax: (416) 365.1295 Ontario Public Transit Takes on l~artnerships ~with Other Sectors On October 15, the Ontario Community Transportation Association was launched with transit systems from across the Province. Formerly the Ontario Urban Transit Association, the new Association Is now seeking members from the Health, Social Service, Education and other sectors who are Involved in providing public transportation services. The focus of the Province Is no longer one of .public transit", but one of coordinated, integrated public transportation service, resulting from the partnership of various transportation providers at the community level. Examples include services offered by school bus operators,. social sector services, as well 88 ho~pjtais and others responsible fO'r non-emergency: medical trips. In tune with the Provincial Government, the new Association sees opportunitY to improve transportation services while actually reducing tax expenditures through partnerships with other publicly funded transportation providers. This will be especially important to municipalities who will be held difectly responsible for their transportation services as a result of provinoial funding being down-loaded in January of '98. If you -would like more- information, please contact: Mr, Dave Smith General Manager Kitchener Project Lift Tel: (519) 744-5150 Fax: (519) 744-2899 i~:.:~~;~J 1~iON----II' ! C~_'" l-~----- . . I I;C:";. '3'1 I I I ~, _ .. '.- -C~:::::.:J I~:..--.:.__._-' -~-"------1 ~,,____-~..._n__ -_._~ i-'---~--'-------' --\'-'---'--1 :-----....--.....--... -.-\- ._~._~ , . I j---- - ----..--.--------1------'1 , " 1..------ ~---~--l I \_.____.__. _.___._.~ I , . !~~-=-;~:;;3 =b, I. _ _ :. :.:___-:.- .:....:.~..:._::.::~~"':~,.___.. or Mr. Ed Dowling General Manager Mississauga Transit Tel: (416) 615-3840 Fax: (416) 615~3833 - - - - - - - - - - - - - - - - - - - COUNCIL INFORMATION 1-5 [I] ~-;a rrt1'i1~J\ ,\\~ ",\,.1) \ ~~\.\.Jnu -.l ,..~;\'JJ ~)/. , \It" ? 1 W91 .. CLA~\t~G10", ..' p.,\J1'< Or "~Ui>llC\'P Oo'c Ot:f\~ .., WiiX'i l' ~ \ Margaret Rodrigues Commissioner Sydney K. Baxter City Clerk City Hall 100 Queen Street West Toronto, Ontario M5H 2N2 Phone: (416) 392-7031 TDD: (416) 392-7354 Fax: (416) 392-1879 Toronto Corporate SeNices City Clerk's Division Secretariat Section .. Corrected Letter Reply to: Christine Dodds Ref:9721-029.let October 17, 1997 tlGENDA To: GTA Mayors At its meeting on September 22 and 23, 1997, City Council gave consideration to Clause 29 contained in Report .No, 21 of the Executive Committee, titled "Catching Your Breath- Partnerships forClean..4cir':, While considering this Clause, Council had before it the report from the Budget Review Group (September 22. 1997). Council took the following action: 1. Endorsed the report (September 5, 1997) from the Director. Healthy City Office. set out in the Clause; 2, Directed that the six month work plan be presented to the new City Council prior to the finalization of the next budget; 3, Referred the grant request for $10,000 from the Toronto Environmental Alliance to the Toronto Atmospheric Fund; 4, Again objected to the removal of the ASHRAE 90, I building standards from the Building Code and pointed out how this compromises the health of the citizens and the efficiency of building stock in the City; 5. Requested the appropriate staff to report to City Council on October 6. 1997, on proposed changes. if any, to the City's building standards requirements in April 1998; /' 6. -2- lIIIliI Referred Recommendation 3 ii) of Clause 8 ECR No. 18, with respect to the establishment of the $100,000 Clean Air Action Fund back to the Board of Management for a report back to the Budget Review Group on the source of funding and subsequent submission to Council on October 6, 1997, .. Yours truly, .. ~t~ .. Assistant City Clerk C)&/tk IR .. I11III cc: Cicy Solicitor Board of Management Board of Health Director, Healthy Cicy Office Medical Officer of Health Budget Review Group - Attn: Darl Price Administrator. Cicy Services Committee Cicy Clerk - Attn: Kevin Hayes . Maurice Anderson, General Manager, The Parking Authority of Toronto, 33 Queen Street East. Toronto ON M5C IRS David Gunn, General Manager, Toronto Transit Commission, 1900 Yonge Street. '. TorontoON M4S 122 .'. Mayor John Les, President, Federation of Canadian Municipalities, 24 Clarence Street,- Ottawa ON KIN 5P3 Terry Mundell, President, The Association of Municipalities ofOntano, 393 University Avenue, Suite 170 I Toronto ON M5G I E6 Novina Wong. Metropolitan Toronto Clerk, 55 John Street, 7th Floor, Metro Hall. Toronto ON M5V 3C6 John Wellner. Toronto Environmental Alliance, 122 St. Partick Street. Suite. 209. Toronto ON M5T 2X8 Lois Corbett. Executive Director. Toronto Atmospheric Fund . John Brooks, General Manager, Toronto Hydro. 14 Carlton Street. Toronto ON M5B IK5 William Farlinger, President & CEO, Ontario'Hydro, 700 University Avenue. Toronto ON M5G IX6 Anne Dubas. ~!esident, CUPE Local 79, Unit 300, 257 Adelaide Street West, Toronto ON M5H IX9 David Neil, President, COTAPSAI, 3rd Floor, 77 Elizabeth Street, Toronto ON M5G GT A Mayors Regional Chairs, Clean Air Committee Anti-Smog Working Group All Inte.--ested Persons (no encl) I11III .. I11III I11III I11III ... I11III .. .. 'f'':., . ~.",,: ., ;- i;\C:~ \)TtOi"-.( i \ I . .---- ---~-_.----- "{ u:~ . _.n.......___~....( .. .. \.,:....'. .. _' ..__n. __.-__._.._~ 4_- ._. .--.-- -_..--._...~ , . . -----: ---"- ---..----i .-- -1----.---1 t . \ ,,-- . - ----:-----~ i-..'".. ~ ! ... o~:i::~d .. .. I11III Ministere des Affalres municipales et du Logement Bureau du minislre COUNCIL INFORMATION f?t-(t'TI~~ll\i\'1" Wll~ill.- ':J~L~ nC1 1 2 ,gg7 1..6 ,- .. Ministry of Municipal Affairs and Housing OHice of the Minister 777 Bay Street Toronto ON M5G 2E5 (416) 585-7000 ltj ~ Ontario - 777 rue Bay Toronto ON M5G 2E5 (416) 585-7000 . ... CLAR\NG10~ ~~l11N\C\P^LI T'1 ?SrOFflCf: MA'tOR .. October 20, 1997 AGE~~rPl? ,\lJ U ~~~~ .. .. Dear Head of Council: - - I am writing to inform you of my response to the report of the Advisory Council on . Social Housing Reform. - As you are aware, the Council was formed in June to provide recommendations on ways to improve the financing, administration and regulation of social housing prior to its transfer to municipalities. .. The Council submitted its report to me in September, and today, I am pleased to announce that I accept in principle the recommendations contained in the report. .. .. It is a strong report, and its recommendations are consistent with our vision ofa social housing system which is simpler, more accountable and more cost effective. .. The three central components of the new reformed system proposed by the Council include: ~ a new subsidy model which separates the subsidies to tenants from the subsidies to support the buildings and creates two subsidy programs, a rent supplement subsidy and a repayable loan subsidy; .. - ~ a new set of responsibilities among municipalities, social housing providers and the province, which recognize the financial stake of municipalities in social housing, and provides them with the flexibility to control their costs while deciding how to deliver the program; and .. - /2 .. .~. ~"'; 1 ...-:<.0. - 1" ~ '-~.7\ \-;=.~../ - .,~> ... .. -2- .. Head of Council ... ~ a restrucfured publi~ housing which is consistent with other social housing programs. ..... The reformed system proposed by the Council would maintain current provisions on security of tenure for existing tenants, and the current levels ofRGI units under subsidy. ... I also agree with the Council's recommendation that there is a need for new working groups to meet and arrange the precise details of the reform of social housing. These working groups will include representatives from major stakeholder groups, including municipalities. ..... .. The working groups will examine the new subsidy formula, and the issues of benchmarking .and market rents which are crucial to a sustainable, cost effective. social housing system. . . . - ... .... .. ... There will also be a working group which attempts to clarify the roles and responsibilities of various players to avoid creating overlap and duplication, and a working group dedicated to all of the issues surrounding the future ownership of Ontario Housing Corporation. .. .. Although the mandate of these working groups is quite specific, their issues are inte~elated. Forthis reason, I will be appointing a Social Housing Committee in the next few weeks which will work with the ministry to refine the details and assist the working groups. ... .. The Social Housing Committee will once again include representatives from all stakeholder groups, including municipalities which, I hope, will playa prominent part in program reform. .. ..... /3 .. ... .. ,- - -3- - Head of Council - - I also wish to move forward at this time on the issue of supportive housing, which was not within the mandate oftjle Advisory Council on Social Housing Reform, - Supportive housing has been dealt with under a separate process because these projects have support service funding. The ministry has been working with the support service ministries on ways to improve these services, and it has reached the point where more input is needed from those who are directly involved in the provision of these services. - - As such, a separate process will be established in the next few weeks to deal exclusively with the issue of supportive housing. The new process will include supportive housing providers, support service agencies, municipal representatives and provincial ministries. - I am confident that all of these new consultations will be completed during the fall, and that the detailed reform of social housing will takeplac~ em:ly i~ 1998. .-.. - With your help, we will move as quickly as possible to create a simpler and more effective system of social housing in Ontario. - Sincerely, - '\'::~:-~\'-!~~-!::~LJ~l'\-C~N I \ I.',-~:,: ____---..---....." ; - I - ~:~~. ~-:.~. .--_..._-_..~- : - Minister ; ~.. :. :~";\:. . - ~ -. j :. '..-,' - - - ---I \., i .---.....--"" - \ ,. ;~f/rtt.:, - - - - - - - Deputy Mayor Jae Eadie , mipeg, Manitoba Wident President I ire suppleant Claude Cantin ~ebec (Quebec) Premier vjo,-president I ,t Vice-President . Mayor Leopold B,elliveau ~ . "ncton, New Brunswick ~ ond Vice-~ident fI!Il!IU...aeme vice-president . uncillor Joa~e M~naghan' ~inut, British Columbia Third Vice-President Tmisieme \;ce~president !!IIIputy Mayor Grant Hopcroft London, Ontario , ,,-President at Large '. e-president hors--cadn: James W_ Knight :a1rive Director JMrecteur ~neral - . - - - ..G> FCM r,' ,~~~\v;.:'~ .. "\ ,,',it' .~( "1'( ,?\I"'-,' > , ;;:;. ,,;: I,':, ~:/ ......~ '" ~~ COUNCILINFORMATlbN. Federation of Canadi~ Municipalities Federation canadienne des, municipalites I~7 AGENDA _u-' ~I t.1I:'l'il~y!\~vr\-t'')i:\ I"i' llfl,t._~LltU.- \,~ .~\q\q II ,~.l. -- "',~,: ~' Ii ~ ~,<rI' ........Ji ~ 4<Y OCT 2 8 1997 ;l~\ iN'C'IPAU1Y Of- Cl./\mNGTON >1,1.-...4 .", . MA'iOH'S OFFICE October 22, 1997 Dear Colleague: : , ; As all' orders of government struggle, to deal with the fiscal and political realities of th~1990's, partnerships.have proven apQwerful toolto deliver services. in_a cost-effective and accountable fashion, 'More and more municipal governments-' and associated organizations are developing innovative, "Win-win" partnerships. . FCM's 61st Annual Conference, ~emart Partnerships to Build Strong Municipalities" will target municipalpartnering, dra,Wing on the best cutting:-edge' practices, The attached Call for Case Studies seeks to identify prime examples for' , analysis" We want ,to hear about partnerships ,of,all, shapes and sizes, arn.ong municipal governments,agencies,the'privatesed~r and 9th,er orders of gdvern~~nt ' - partnerships, fonnedto build bridges, to provide social services, to dispose of s<?lid - , waste, to treat an.ddistributewater or to bUy Iiprarybooks~ ' ". .. '" ..,. The Call for Case Studies will bE! disbibut~ to'FCMmunicipaland supporting members and other organizations with a strong -municipal focus. Case studies, selected by an independent jury,. willfonn.tJleb~sis of the seminar program, Selection will be based on several criteria induding degree of innovation, cost.. effectiveness, the value-added the partnership brings and the potential for application elsewhere: It is my pleasure to invite you to share your experience and knowledge of partnerships. The Call for Case Studies details the process , Please circulate it in your community, region, province and/orterritor)t, I look forward to hearing from,you by December 12th, ....~1:.;.:-illr.-. '. U"fiON i .....- & .-" t . .. < f r r'~~V . ~ l.t.......,..,.. __....._.._a....________:..::: : Enclosure , , i 1(\6:. BY I oniGI'.;[::. Y;. i"...--.. . -_.~_."' --....--- f r:::>': ~~ ~-'-' I::~:~_~:-=:_J=_j I -' : 1 i,._.._...-,. _.... ----I I ' \..--.. _H"_'___' i j------- .'. '. -_-.-.'-_...~.l-,._-~~ j-.... - . , "- . '; t lit . l-~""""---- -.. -----r ~ l . 24, rue Clarence Street, Ottawa, Ontario KIN 5P3 '. '. '-'~~~r--e;~aC;_ .:??'~~" J ' Telephoneffelephone: (613) 241-5221 . FaXlTl!lecopieur:(613) 241-7440'--- .-' .. .." ---,._-~-- ~,-., , International Office/Bureau international: Telephone/Telephone: (613) 241-8484' Faxffelecopicur: (613) 241-7117 fi!;L Jae Eadie . FCM President Please complete the form (print or type). Authors may submit appropriate supporting documentation with their submission such as project ...documents, promotional materials, media write-ups, etc, Please provide three (3) copies of any supporting documentation. CASE STUDY TITLE: "'AUTHOR/PRESENTER: TITLE: .ORGANlZATION: ADDRESS: CITY/TOWN: - PROVlNcElTERR.: POSTAL CODE: TELEPHONE: ( FAX: ( E-MAIl.: LANGUAGE OF PRESENTATION: (please indicate preference) 0 English 0 French 0 Bilingual - Sector: (please indicate one sector ONLY) -0 Public Safety 0 Economic Development o Transportation O. Mlioicip_:U - Aboriginal _0 Housing 0 Environment o Rural Development 0 Heritage, Arts and Culture o Intergovernmental Cooperation - CASE STUDY OVERVIEW: Using the following headers, please provide a brief 75 - 100 word ...description for each section in either a text or bullet point format. You must address all are-..1S in your submission, This material should be submitted on a separate page (to a max. of 2 pages) or on diskette .in \XfordPerfect 6.0/7 or Word 617. Prior to sending in your submission, make sure you have included a description for each area. . Summary of Partnership Activity Goals and Objectives Financing Design/Planning Process Implementation/Operation Evaluation Process o o o o o o . - - Type of Partnership: (please indicate one type ONLY) o Public / Public 0 Public / Private o Alternative Setvice Delivery o Intergovernmental: o NGO r NGO 0 Multiple Partners o Public / Non-Governmental Organization (NGO) Partner(s): (attach additional names as required) CONTACf: ORGANIZATION: ADDRESS: ClTYrrOWN: PROVlNCElTERRITORY: POSTAL CODE: TELEPHONE: ( F.-\.\:: ( E-MAIL ADDRESS: CONTACf: ORGANIZATION: ADDRESS: C1TYrrOWN: PROVINCE/TERRITORY: POSTAL CODE: TELEPHONE: ( F.-\.\:: ( .J E-MAIL ADDRESS: Deadline for Submissions: - Please return three (3) copies of the completed form and supporting documentation by mail or courier, with a brief . biography of the a~/presenter by DECEMBER 12. 1997. Return to: FCM 1998 Annual Conference Case Study Submissions FCM. 24 Clarence Street Ottawa ON KiN 5P3 For further information contact: Vicki Nash-Moore Conference Program Manager .. TEL (905) 339-2047 FAX (905) 339-2043 or bv e-mail: vnm@~lobalserve.on.ca !J FEDERATION OF CANADIAN MUNICIPALITIES GIST ANNUAL CONFERENCE Regfna J REGINA, SASKATCHEWAN, JUNE 5-8, 1998 ... .. .. ~ ~ ' to Build Strong Municipalities -'~;::;:-:-- -- [j he Federation of Canadian . Municipalities (FCM) is pleased to invite members and practitioners to submit case studies on municipal 'partnership~ forpresent~tior:' at the u~oming, FCM 61st Annaai Conference to be held in Regina under the theme, "Smart Partnerships to Build Strong Municipalities., FCM is looking for leading-edge, innovative partnerships in municipalities or partnerships with a strong municipal focus. Case studies can describe partnerships ranging from small, community-based efforts to large scale capital projects, FCM is seeking case studies that demonstrate how a partnership arrangement ADDS VALUE t~.!he service or project as opposed to a more traditional method of delivery. Selected case studies will be presented at the FCM Annual Conference in seminars in the following subject areas: Public Safety Economic Development Transportation Municipal - Aboriginal Housing Environment Rural Development Heritage, Arts and Culture Intergovernmental Cooperation .. Three to four case studies will be chosen.. . under each subject area representing different ;.'" types of partnerships including: Intergovernmen~al; Public/Public; Public/Private; .:",~(;: AI.ternative _ ~erv!ce Delivery; _Pub1ic/~O!1- ....;,<<.'0,;' Governmental Organization (NGO); NGO/NGO and Multiple Partners. Case studies will be selected. .. by an independent jury. Authors.will be expected to present their case study at a seminar (of two hours duration) during the Conference on either Sunday, June 7 or Monday, June 8, 1998. Each of the presentations will be fifteen to twenty minutes in length with approximately half the seminar time (one hour) devoted to audience participation. Seminars will be chaired by a member of the FCM National Board of Directors, .. .. .. .. The selected case study authors will be notified in early January, 1998, The selected submissions will be used in FCM promotional materials on the Conference, Copies of the selected case studies will be available to partiCipants in each seminar. Presenters may place copies of promotional materials on a display table in the seminar room, Please return three (3) copies of the completed form (photocopies acceptable) and supporting documentation by mail or courier, with a brief biography of the author/presenter by DECEMBER 12, 1997, .. .. .. .. ... t ., ... 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 . P.M. Madill, A.M.C. T. Regional Cle.rk . ... ... _. ... - - - - - COUNCIL INFORMATION . 1-8 OCT 21 II 46 AM ~97 October 20, 1997 Mrs, P,L. Barrie Clerk _ Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C.3A6 . Re: PUBLIC HEALTH MUNICIPf\L~ELECTION CAMPAIGN KIT (97 -MOH,;29) --~.- Mrs. Bar.rie, the Health and Social Services Committeeo(.Regional . Council considered"the above matter a'nd ata meeting held on October 7, 1997 the Committee "adopted thefollowhlg recommendations: .. . , THAJ RepQrt#97 ~MbH-29 oft~eMedi~I'Officer of Healthpe . ."' received for i riformation; "and'; .. . THAT Report #97 -'MOH-29 bf the M~ical Officer of Health be forwarded to local municipal.councils for-information.". Enclosed, as directed by the Committee, is a copy of Report #97-MOH-29 . .' of the Medical Officer of Health, ~~~\~:. -- . '.I'--"~lsTmTloN -1 . CLERK . I i -. --.... -~-----....: ! t".." :1" . II :....>r>~ . :~ :: - di-;~\J;:-t;A~. )"~ . - f ~c.j.pi;~--' ~'7--}. _' _nh. ~ " a--..___-.. . ,.--........... ------r---.-.- J~=~.:---.::-~~~.~=~=f--=~ : _ --~---""1. ,- -'''- . . - -. i . I "j - -------1. 1 j'-"."-.-..- ..--.-1- J r............ j i . i-'--'.' ..~~~~.---:--T . I /-___.._ i L.::q(~S;4' ~.- . ,.-- ---".-~.:~.:.::.,.;.......~'!"- Carol Smitton, A.M.C,T, . Committee Secretary Ene!. cc: R.J, Kyle, Medical Officer of. Health. * ,00% Post Consumer . , .I" REPORT TO: The Chair and Members Health and Social Services Committee REPORT NO.: 97 -MOH-29 DATE: October 7, 1997 SUBJECT: Public Health Municipal Election Campaign Kit RECOMMENDATION: THAT the Health and Social Services Committee: 1. 2. Receives this report for infonnation; and Forwards this report to local municipal councils for infonnation. REPORT: 1. At the request of its Board of Health Section, the Association of Local . PubUc Health'Agencies(alPHa) has prepared the attached Public Health. Municipal Election Campaign Kit (Appendix A). 2. The purpose of the kit is to provide municipal candidates and senior municipal officers with the necessary infonnation to understand the ro!e of public health programs and services in their communities. The key message of the campaign is that public health is a key component of the municipal infrastructure and investments in public health are vital in securing healthy and safe communities. 3. Regional and local councillors and other interest persons can obtain additional kits and related information through the Office of the Commissioner & Medical Officer of Health. Resp R.J. Kyl , MHSc, CCFP, FRCPC Commissioner & Medical Officer of Health 103 - (- .. filii ... - - ... - ( ... .. ... ... .. ... - d - III .. - - - - - - - - - - - - - - - - - - - alPHa Appendix A 1997 Municipal Education Campaign Association of local PUBLIC HEALTH Agencies DEAR MEMBERS... On January 1, 1998, municipalities across Ontario will be assuming 100% responsibility for public health and a number of other activities as a result of the Who Does What initiative. It will be enremely important at this very complicated and confusing time in the lives of municipalities to deliver a strong message for public health, New politicians and senior municipal staff will be looking for information on the scope of their new responsibilities. It is our job as boards of health to deliver this information. This Municipal Education Campaign Kit is designed to make it easier for boards of health to educate their community partners on the importance of public health programs. The kit is designed to give municipal candidates running for office, municipal politicians, and senior municipal managers such as Chief Executive Officers, Chief Financial Officers, Municipal Clerks, and others, the necessary information so that they can understand the role of public health programs in their community. ALPHA believes that support in the community for public health will come from education and experience. ALPHA's goal for. this campaign is to hav~ every municoipal.decision-niaker in Ontario be educated on the iOmportance of public health in their community. We will track the status of this campaign and distribute the results just as we had done with the March 1997 Campaign for Cost- Shared Public Health. Sc:plembc:r I ~7 ALPHA. 415 Yonge St.. SIC. 1618. Toronto. ON M5B ~E7 T~I:(416)595-0006. Fax: (416)595-0030 104_ alPHa 1997 Municipal Education Campaign wi Association of local PUBLIC HEALTH ( ... Agencies U SIN G T HIS I N FOR MAT ION PAC K AGE ... The Association of Local Public Health Agencies has developed this package of information for use by any member organization with its own staff. publics or contacts. It contains ALPHA's municipal education campaign information in Ontario. ... Anyone who is concerned about educating municipalities on the role of public health in their communities is welcome to ultegrate this material into their own community kits. ... We only ask that the following key messages below are used to ensure continuity and strength in our message, ... KEY MESSAGES ... On January I, 1998, municipalities will be assuming 100% funding and responsibility for public health programs in Ontario. ... Municipalities will now have a much greater opportunity to influence th~. delivery .of public health programs in their . community,' ... ... Public Health: . is a key part of the community's infrastructure - just like roads and sewers . controls communicable diseases like tuberculosis and deals with outbreaks like meningitis . eliminates tainted water and food poisoning by monitoring and testing . uses education and counselling to reduce unwanted pregnancies and sexually transmitted diseases · prevents the spread of diseases like measles and hepatitis B · stops heart attacks and cancer from occurring through education and training of children, youths, adults and seniors · is on call 24 hours a day to respond to emergencies and natural disasters like chemical leaks, contaminated drinking water, and radioactive waste · helps families be better parents and raise emotionally and physically healthier kids ~ · municipalities can save money by investing in their public health infrastructure before the problems start wi ... ... ... ... ... wi September 1997 ALPHA. 415 Yonge St.. Sl~. 1618. Toronto. 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V') ~ E '" ... 0 Co u o u ... a 0. u -5 -5 r; r; u u .c .c .~ ~ :c '" ::s 1l 0. .. ... ... :; o -::l c: ~ >. -5 n '\J .c .;: c: ~ '~ c: o ... ... ... Public Health: A Vital Part of the Community's Infrastructure - - People are touched by public health everyday. [fyou have ever had a vaccination, eaten dinner in a restaurant, received information about improving your eating habits, you have probably had a public health experience, Public health are everyday programs that focus on preventing diseases and promoting health. Here's a list of some of the things public health does to keep Ontarians healthy: - Public Health What They Do Cost Benefits Consequences of Poor Programs Public Health Services Controlling . tuberculosis control Reduces illness, increases . increase in tuberculosis, Communicable . hepatitis A & B control productivity, Ensures public especially drug-resistant Disease and . meningitis control confidence that community TB as is happening in the Eliminating . consults and adqises on can respond to outbreaks, USA Tainted Water new, emerging infectious Safeguards conditions for . increase in antibiotic- and Food diseases health environments. resistant bacteria like Poisoning . distributes vaccines to MRSA, VRE physicians centrally . increase in food . . health inspections of food poisonings costing and drinking millions in health and establishments; tests for related legal costs contamination of drinking water supply Reducing . clinics - birth control, Direct cost of teen pregnancy . rise in unwanted Unwanted sexually transmitted is $2000. Every year after, it pregnancies Pregnancies & diseases, HIV testing, costs $12,000 to support Sexually pregnancy testing, sexual mother & child. The . outbreak of sexually Transmitted . . health, respQnsible _ .' economic costs for someone . . trans~itted eJiseases Diseases relationships with AIDS can be $800,000, ' - Immunizing to . monitors immunization Protects against high cost of . preventable diseases that Prevent records for all students outbreak control for affect mostly children will Diseases . ensures hep B vaccine and preventable diseases, e,g. increase and cause measles vaccines are measles shots saves $4 for unnecessary suffering administered every $1 spent on Keeps children and seniors immunization, Just one case . high risk seniors and from acquiring and suffering of hepatitis B costs $400. others will die of influenza from preventable diseases. Preventing Heart Health Preventing illness is cheaper -- annual $1 billion . . Heart Disease, . Cancer Prevention than curing diseases. Heart treatments costs for cancer Cancer and . Healthy Eating and disease costs $Z billion in Ontario will increase other Health Weights annually in Ontario. Problems . Physical Activity Smoking-related diseases . more people will die . Positive Parenting cost $3.5 billion per year in younger from heart . Breastfeeding Canada, Public health disease . Effects of Alcohol & Drugs teaches people to live . Tobacco Use Prevention healthier so they live longer, . more youth will start feel better, get sick less often smoking and are more productive. Dental Health . education programs Cost of treating a child with . decline in oral health" . screening and treatment dental neglect ranges from especially in children, clinics, esp, for school-age $350 to $7,000, carries into adulthood children . poor people will be unable . preventive services to get preventive treattnent . referral for treatment or urgent dental care when it is needed - - - - - - - - - - - .. - - - - t 08 2 .. Responding to Crises Public Health In Action .... In each of the real life cases below, public health came to the rescue to ensure the health and safety of communities and individuals. Public health is on call 24 hours a day to effectively handle emergencies and natural disasters, Communities depend on the presence of a strong, local public health team to act in their best interest during these situations, Public health is indispensable to every person in Ontario. · Infected Water in Waterloo (1993) - In mid- April1993, Waterloo Region Community Health Department (CI-ID) staff recognized that the region was experiencing an outbreak of cryptosporidiosis in the community's water supply. After detennining the link between the region's water treatment plant, the municipal water system and the spread of the disease through the Kitchener-Waterloo area, the CHD mounted an extensive public and media campaign to alert and advise the community, and carefully monitored cases to assure that the measures instituted were bringing the outbreak under control. CI-ID staff were key members of the . Regional Special Project Team which directed the investigation of and response to the outbreak, culminating in the water treatment plant being brought back on-line in June of that year. · Cyanide Spill in Etobicoke (1997) - Cyanide spilled into Etobicoke Creek from a factory resulting in a health hazard and threat to water treatment plants. The public health department played a lead role and coordinated activities of the Works & Parks Departments and the Ministry of the Environment on effecting prompt remedial action to safeguard the health of the public.-- · Hepatitis in GTA (1996) - Public health investigated and solved the mystery of a major hepatitis outbreak that involved over 18,000 patients across the Greater Toronto Area between 1992 and 1996. · Grand River Flood in Brant County (1996) - High volumes of spring water run-off and ice flow jams in the Grand River led to flooding of low lying areas in Brantford.Working with other emergency service agencies, the Brant County Health Unit led the coordination of local health services emergency response planning, and, with Social Services, facilitated evacuation of thousands of residents and temporary lodging for physically-challenged residents. Preventing Crises But public health doesn't just respond to crises, it prevents them from happening as the following stories illustrate. Highly-trained public health professionals perfonn a wide-range of activities to help communities avert potential threats to health. ( .. .. · Measles Control (1996) - Over 2 million children across Ontario were immunized with a second dose of measles to ensure their protection. Measles kills a million people a year across the globe and Ontario was suffering outbreaks, Now, children are safe from this disease, .... .... · Home Visiting (a real story) - A new mother, suffering at home with post-partum depression received much-needed help from a public health nurse who "pulled her through the roughest days of her life," educated her on the importance of taking care of her own health, and taught her how to breastfeed and calm her crying infant. IIIlIII .. ... · Tobacco Use Prevention - A grade 9 student starts smoking to make friends. But buying cigarettes is a problem; At the nearby store, "Tobacco Enforcement. I Officers recently fined an OAC student for buying \.. cigarettes for a younger student. The other day, a student was fmed for smoking on school property. The school nurse spoke about the addictiveness of smoking at an assembly just in the past week. Comprehensive school-based tobacco use prevention, education and enforcement create supportive environments for reducing adolescent smoking rates. In the face of lower tobacco prices, only public health is combatting rising teen smoking rates. ... ... ... · Emergency Planningfor Radiation - Staff at the Bruce-Grey-Owen Sound and Durham Region Health Units are well-trained in preventing nuclear disasters at Ontario's three major nuclear power stations. They monitor day-to-day emissions into the air and water, and are extensively involved in planning and drilling for a nuclear accident. .. .. IIIIIl .. .. .. 1n9 ... .) - What Could Happen With Inadequate Public Health? - · Communicable diseases could make a comeback. When New York City cut back on their funding for public health programs in the late '80s, tuberculosis came roaring back. New York City now has to spend 10 times as much to get this disease Wlder control. When the Soviet Union collapsed, public health funding was cut. Diphtheria reappeared with a vengeance and there are now 50,000 cases annually, - - · Fewer public health nurses visiting homes could mean that the incidence of low birth weight babies could rise, forcing hospitals to increase neo-natal resources, - · Fewer public health staffifi schools and the community may mean that more youth could start smoking or abusing drugs and alcohol. - · Unwanted pregnancies and the spread of sexually transmitted diseases, including AIDS, could increase if sexual health clinics are closed. This would result in increasing health care costs that would be borne by everyone. - - How Much Does Public Health Cost? - Public health programs in Ontario cost an average of about 8~ a day or $30 per person annually - the price of a case of beer! It is the ounce of prevention that avoids the pound of cure. Comp~ to other municipal services, public health is a bargain. It is a vital part of a. community's irifrastructure and needs to be maintained, juSt like roads and sewers. The consequences of not maintaining public health are disease outbreaks, tainted water and food, more youth smoking, poorer nutrition, and more low birth weight babies. No community wants to see an increase in any of these areas. - - .. Cost Comparison: Public Health and Other Important Municipal Services* - FIre.lPollce . . ~---"""'-~~"_~J~ Llbrarle. ,. I /~ /~ ~ ..... - Recreation Public Health - $0 $50 $100 $150 $200 $250 $300 .. EiEJ Annual Coat. per Peraon - · based on composite provincial figures - \ 10 - 4 A Snapshot of How Public Health Saves Money Spending a dollar on public health... Saves taxpayers this much more... Every $1 spent on preventing teen pregnancies III'" saves $10 in medical, nutritional and welfare costs Every $1 spent on vaccination Every $1 spent on health promotion III.... saves $8 in health care costs III.... saves $7 in health care costs Every $1 spent on preventing low birth weight III.... saves $3 in hospital care costs babies Make Public Health YOUR Issue Maintain YOUR Community's Health Infrastructure PUblic health is working With coIiununities to protect and promote good health. Now more than ever, we need your support to maintain public health as a vital part of every community's infrastructure in Ontario. It will be up to you to ensure that municipalities protect public health programs and services from funding cuts in 1998 and beyond. Help us continue making a positive difference to the health of our communities by signaling your support for a strong public health system. alPHa AssociatIon of Local PUBUC HEALTH Agencies 1997 Municipal Education Campaign September 1997 ALPHA, 415 Yonge St., Ste, 1618, Toronto, ON MSB 2E7 Te1:(416)S9S-0006, Fax: (416)595-0030 111 ... ( .. .. ... ... .. ; ... ... ... ( ~ .. .. IIiIIIl .... .. IIIli .. IlIIi ... - alPHa - Assodation of Local PUBLIC HEALTH Agencies - 1997 Municipal Education Campaign APPENDIX: References in Key Message Page 1 - - - ... Sexual health programs and clinics reduce unplanned pregnancies - Sexual health programs and clinics prevent the spread of sexually transmitted diseases - - Immunization programs prevent deadly diseases ... - ...- lIII lIII Public health prevention and education programs prevent heart disease, cancer and other illnesses - - - - COST.:BENEFIT TO . BEALm &:'SOCIAL.,;.- :WELFARE SYSTEM. Save S2,000 direct cost of teen pregnancy and S12,000 to support mother and child REFERENCE Orton, M.J. & Rosenblatt, E. (1986). Adolescent Pregnancy in Ontario: Progress in Prevention. Hamilton: Planned Parenthood Ontario. Save S800,000 per person Frank, I. (1996). 15 years of living with HIV in AIDS in Canada. Canadian Canada Social Trends, 41: 4-10. For every Slspent on immunization, measles shots save S4 on health care costs Save $400 per person with acute hepatitis B I, and S11,000 per newborn with hep B2 Save S2 billion annually on treatment of heart disease in Ontario Save $3,5 billion a year due to smoking-related diseases Broce-Grey-Owen Sound Health Unit 11996 Annual Report, Middlesex-London Health Unit. (May 1997) 2 Krahn, M. and Detsky, A.S. (Jan-March 1993). Should Canada and the United States Universally Vaccinate Infants Against Hepatitis B? A Cost Effectiveness Analysis. Medical Decision Making. Vol. 13, No, 1 Schabas, R., (1993) Opportunities for Promoting Heart Health, Report of the Chief Medical Officer of Health. Ontario: Ministry of Health. Costs of Heart Disease and Stroke - Document #/5009, Heart and Stroke Foundation. http://www.hsf.calfacts_on_fa xlcosts.html. p: }, 11 Z ;:&~ti\i.~ Broce-Grey-Owen Sound Health Unit Broce-Grey-Owen Sound Health Unit Middlesex-London Health Unit East York Health Unit Middlesex-London Health Unit 2 .. Public health dental Save costs ranging from Ontario Society of Public Ontario Association programs reduce pain and $350 to $7,000 of treating Health Dentists brief to the of Public Health suffering and time loss one child with dental Mandatory Program Advisory Dentistry: Cities of from school and work neglect Committee North York and due to dental disease, and Toronto also contribute to a general sense of well- being .. .. .. Fact Quoted: Reference: .. Page 3: What Could Happen With Inadequate Public Health? · Rise in Tuberculosis Cases in New York City .. War against TB being won again. The Globe and Mail, (April 15, 1997) .. · Diphtheria Resurgence in Russia Statistic provided by Bruce-Grey-Owen Sound Health Unit. How Much Does Public Health Cost? · 8 cents a day cost for public health programs · $30 per person cost for public health programs .. Figures based on provincial averages. Ministry of Health. (1997). 1996 Funding & Staffing Report For Ontario Boards of Health. Ontario: Ministiy ofHea1th. .. ( - .... Page 4: Snapshot of How Public Health Saves Money · every $1 spent on preventing teen pregnancies Orton, M,J. & Rosenblatt, E. (1986). Adolescent Pregnancy in Ontario: Progress in Prevention, Hamilton: Planned Parenthood Ontario. .... .... · every $1 spent on vaccination Submission to the Standing Committee for Finance and Economic Affairs on the Down- loading of Public Health and Social Services to the Property Tax Base, City of North York Public Health Department. (April 1997). .... .... · every $1 spent on health promotion Grakist, D" RN. (May/June 1997). "The Changing Face of Public Health Nursing." Registered Nurse, .... · every $1 spent on preventing low birth weight babies Wahl, B. (March 1993). "Will save money by maintaining public health programs, II .. DNA News, 20 (2), p, 8, .. Continued... lIIllI '\ 13 .. - 3 ADDITIONAL FACTS (not previously quoted in key message) - - FACT COST-BENEFIT REFERENCE F ACT SUPPLIED BY . . " : . . . .. .. Public health, through Save $5,450 per person, Health Canada, (1997), Bruce-Grey-Owen disease prevention and or $157 billion per year, Economic Burden of Illness in Sound Health Unit health promotion, reduces the total cost of illness in Canada, 1993. Ottawa: Health . the economic burden of Canada Canada illness - - Public health prevents Save $1 billion a year in Schabas, R, (1995), Progress Middlesex-London cancer treatment care costs in Against Cancer. Ontario: Health Unit Ontario Ministry of Health Tobacco use prevention, Save $347,000 per year Hamilton Regional Cancer Bruce-Grey-Owen cessation, education and on health care costs for Centre, 1989 Mortality data, Sound Health Unit enforcement programs tobacco attributable Michael D,E, Goodyear, reduce tobacco-related mortality in Ontario Medical Oncology, Clinical deaths Epidemiology and Biostatistics, Substance abuse (alcohol, Save $270 per person in Canadian Centre for Substance Bruce-Grey-Owen tobacco, illicit drugs) Ontario on health care, Abuse I Addiction Research Sound Health Unit I prevention programs wor:kplace productivity,: Foundation 1997 Canadi.8n : North York Public reduce the burden of prevention and research, Profile based on 1992 figUres Health Department illness, including hospital and legal costs due to costs, losses from the alcohol-related problems; workplace, etc, in 1992, cost of alcohol- related problems was $2,8 billion in Ontario Public health prevents Save $600 to $800 to Missing rabies shot could cost rabies treat each person exposed pet owners $5,000. The Globe to rabies in Ontario and Mail, (Sept 27, 1993). Public health prevention Save up to $10,000 per Are you in Jeopardy? Middlesex-London programs keeps seniors senior hospitalized due to Community Presentation Health Unit out of hospitals a fall ManuaL Central West Seniors Safety Committee. p, 7 Public health inspections Save $306 per person Costs Associated with Sudbury & District prevent people from made ill by food Foodbome Rlness: A Brief Health Unit getting sick due to poisoning in Ontario and CostAnalys~.Sudbury& food borne illnesses $459,000,000 per year. District Health Unit, (1996), · based on 1991 dollars - - - - - - - - - - - - - - - Septemlxr 1997 ALPHA, 415 Y onge St., Ste, 1618, Toronto, ON M5B 2E7 TeI:( 416)595-0006, ~ax: (416)595-0030 - , 14 - COUNCIL INFORMATION THE REGIONAL MUNICIPALITY OF HALTON 1151 BRONTE ROAD - OAKVILLE, ONTARIO, CANADA L6M 3L1 CORPORATE SERVICES DEPARTMENT - REGIONAL CLERK'S DIVISION PHONE: 905/825-6225 FAX: 905/825-8838 - - Gel 1 7 'lj~1 Of CLf\\l.\NG10N ,.\utUC\~~~~R'S Off\CE October 20, 1997 ~GENO~ Mayor Diane Hamre _ Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 - -~_. Dear Mayor Hamre: - Re: Revised Response to the Report of the Advisory Council on Social Housing Reform - Report No. CS123-97 - This will confirm that the Council of: the Regional Municipality of Halton, a~ its meeting held Weqnesday, October 15, 1997' considered and endorsed .the following resolution:- - - - - - 3, - 4. - - - 1. THAT the Region of Halton advise the Minister of Municipal Affairs and Housing it strongly opposes funding of social housing being downloaded to municipalities and as such cannot endorse the recommendations of the Advisory Council on Social Housing Reform; 2, THAT bec;mse social housing is fundamentally an income redistribution program, the Region of Halton advise the Minister of Municipal Affairs and Housing the costs of social housing must continue to be fully paid for through Provincial and Federal income taxes; THAT further, the Region of Halton reiterate its strong opposition to the pooling of the costs of social housing across the Greater Toronto Area (GTA); THAT the Region of Halton provide the following comments to the Minister of Municipal Affairs and Housing for his consideration, only on the basis that the Province of Ontario will continue to pay for this income redistribution program, should he choose to implement the recommendations of the Advisory Council on Social Housing Reform: STREETSVILLE: 823-6720 - Ux-allnquiries From: AcrON: 853-0501 GEORGETOWN: 878-8113 @ ALDERS HOT: 639-4540 Page 2 a) the funding model in the recommendations of the Advisory Council on Social Housing Reforms should be implemented only after the funding model has been evaluated and accepted by all parties, that is, not retroactively to January 1, 1998; b) prior to the Province and social housing providers entering into the Rent Supplement and Repayable Operating Loan Agreements, the Province must fund project by project studies on the physical condition of the projects and provide adequate funding to each project's replacement reserve fund so that housing providers are equipped to operate on a _ business-like basis; . c) there must be an early resolution on how supportive housing projects will be. funded and. administered under the reformed social housing program. 5 . THAT the Minister of Municipal Affairs and Housing be advised of the. Region ., of Halton's desire in conjunction. with ij:a1toIlNon- Profit Housing Corporation to . enter into negotiations immediately regarding the transfer of administration and ownership of Ontario Housing Corpoiationstock in Halton to Halton Non-Profit ,,",.Hol.lsing Corporatio!l,- at no. <;ost.J9.ij:~tQn ~~giqn.qr~al~onN()n-: Profit HQusing, . Corporation, including resolution of the following matters: . a) the Province of Ontario continue to fund.1 00 per cent of the operating loss on this stock; b) prior to the transfer of Ontario Housing Corporation's portfolio to Halton Non-Profit Housing Corporation, the Province must provide full disclosure of the physical condition of each project, and establish and fund an adequate replacement reserve for each project; c) that Halton Region and Halton Non-Profit Housing Corporation will have sufficient flexibility to restructure the income mix and targeting of former Ontario Housing Corporation units so that this stock can also be operated in a business-like manner; 6. THAT a copy of Report CS 123-97 regarding the Report of the Advisory Council on Social Housing Reform be sent to the Minister of Municipal Affairs and Housing, the GTA Mayors and Chairs, and the Association of Municipalities of Ontario. tlIIIII ... ... ... ... ... ... ... ... "., ... ... ... ... .. - - Page 3 - Enclosed is a copy of Report CS 123-97. You will note that the above resolution differs from that printed in the report in that recommendation No.6 includes the GTA Mayors and Chairs, and the Association of Municipalities of Ontario. - Should you require any additional information, please do not hesitate to contact Mr. J. Rinaldo, Commissioner of Corporate Services. - ... Yours truly - .. (;J2 ~ Pat Crimmins Committee Coordinator/Deputy Clerk - cc, Minister of Municipal Affairs and Housing cc. GTA Mayors and Chairs .. cc, Association of Municipalities of Ontario cc. Mr. J, Rinaldo, Commi~sioner ofCorporate._Service.s - .. .. .. - .. - - i L i I - - -'" ~ '. . .. ... /' ... i . THE REGIONAL MUNICIPALITY OF HALTON ... ... Report To: Chairman and Members of the Administration and finance Committee ... ..From: Services ... ... ... ... RECOMMENDATION 1. THAT the Region of Halton advise the Minister of Municipal Affairs and Housing it strongly opposes f~nding of soci~ housing being. downloaded to municipalities and as such cannot endorse the recommendations of the Advisory Council on Social Housing Reform; ... ... 2. THAT because social housing is fundamentally an income redistribution program, the Region of Halton advise the Minister of Municipal Affairs and Housing the costs of social housing must continue to be fully paid for through Provincial and Federal income taxes; ... ... 3, THAT further, the Region of Halton reiterate its strong opposition to the pooling of the costs of social housing across the Greater Toronto Area (GTA); ~ 4, THAT the Region of Halton provide the following comments to the Minister of Municipal Affairs and Housing for his consideration, only on the basis that the Province of Ontario will continue to pay for this income redistribution program, should he choose to implement the recommendations of the Advisory Council on Social Housing Reform: ... .. a) the funding model in the recommendations of the Advisory Council on Social Housing Reforms should be implemented only after the funding model has been evaluated and accepted by all parties, that is, not retroactively to January 1, 1998; IIIlIl .. IIIlIl -1- .. THAT the Minister of Municipal Affairs and Housing be advised of the Region of Halton's desire in conjunction with Halton Non-Profit Housing Corporation to enter into negotiations immediately regarding the transfer of administration and ownership of Ontario Housing Corporation stock in Halton to Halton Non-Profit Housing Corporation, at no cost to Halton Region or Halton Non-Profit Housing Corporation, including resolution of the following matters: - .. - - - .. 5. - - .. - - - - -- 6. - .. - - - - ~ ... ~ '\- - 2 - b) prior to the Province and social housing providers entering into the Rent Supplement and Repayable Operating Loan Agreements, the Province must fund project by project studies on the physical condition of the projects and provide adequate funding to each project's replacement reserve fund so that housing providers are equipped to operate on a business-like basis; c) there must.be an early resolution on how supportive housing projects will be funded and administered under the reformed social housing program. a) the Province of Ontario continue to fund 100 per cent of the operating loss on this stock; b) prior. to the. transfer of Ontario Housing Corporation's portfolio to Halton Non-Profit.Housing Corporation, the.Province must provide-full disclosure of the physical condition of each project, and establish and fund an adequate replacement reserve for each project; c) that Halton Region and Halton Non-Profit Housing Corporation will have sufficient flexibility to restructure the income mix and targeting of former Ontario Housing Corporation units so that this stock can also be operated in a business-like manner; THAT a copy of Report CS123-97 regarding the Report of the Advisory Council on Social Housing Reform be sent to the Minister of Municipal Affairs and Housing. -c2.- '" ~ .. .. - 3 - .. EXECUTIVE SUMMARY .. As Council is aware, the Region of Halton opposes the downloading of health, ambulance, social housing and social services costs to municipalities and also the pooling of such costs in the new City of Toronto among municipalities in the Greater Toronto Area (GT A). The analysis in CS123-97 reflects this position of Council (replaces CSl13-97). It also provides comments on the Advisory G-ouncil on Social Housing Refonn's recommendations and speaks to specific areas of the refonns which should be brought forward to the Minister of Municipal Affairs and Housing's attention. Linked to the Social Housing Advisory Committee report is Bill 152 which received first reading on August 21, 1997. Schedule F of this Bill, Social Housing Funding Act, 1997, sets out how municipalities will pay for social housing after January 1, 1998. This report will provide analysis on the relationship between the draft legislation and the implementation of the Advisory Council's recommendations. .. .. .. ... The Minister of Municipal Affairs and Housing has not requested feedback from municipalities or housing providers on the Council's recommendations. Also, staff are not aware of the next steps of the Minister in regard to the recommendations of the Advisory Council, nor how his decisions on the recommendations will be transmitted to or received by the Health and Social Services Transition Team. On September 2, 1997~ the Advisory Council on Social Housing Reform submitted its report to the Minister of Municipal Affairs and Housing. The Advisory Council on Social Housing Refonn was established by the Minister on June 5, 1997 to examine the effectiveness of the current system of financing, administering and regulating social housing, and to make recommendations to the Minister on ways to improve the housing system which encompass the following broad objectives: ensure security of tenure for tenants/members; defme a new relationship between government and providers; generate cost savings and operational efficiencies and; ensure accountability for the use of public funds, IIIIIlII .. IIIIIlII IIIIIlII .. .The Advisory Council's mandate did not include addressing the issues of supportive housing, federal-provincial discussions of the federal offer to transfer federal responsibility for social housing to the Province, and the Province's transfer of social housing to municipalities as this matter will be discussed at different forums, .. .. On September 24, 1997, Halton Non-Profit Housing Corporation Board of Directors passed resolutions concerning the Advisory Council's report and reiterated its desire to assume administration and ownership of Ontario Housing Corporation's stock in Halton as soon as possible. The full recommendations approved by Halton Non-Profit Housing Corporation are attached as Schedule C, including the following: .. .. 4. THAT the Regional Municipality of Halton be advised of Halton Non-Profit Housing Corporation's continued readiness to enter into negotiations regarding administration of Halton Housing Authority's portfolio by Halton Non-Profit Housing Corporation; .. .. - 3- .. .. ~ . ~ .. - 4 - - 5, THAT Halton Non-Profit Housing Corporation, in conjunction with the Region of Halton, enter into negotiations as soon as possible with OHC regarding the transfer of ownership of its stock in Halton to Halton Non- Profit Housing Corporation and at no cost to the corporation. .. REPORT - Overview of Social Housing -Program in Halton - There are approximately 5,070 social housing units within Halton Region. Of these, 3,711 are subsidized unilaterally by the Ministry of Municipal Mfairs and Housing (MMAH) or jointly. with Canada Mortgage and Housing Corporation (CMHC). Funding and administration for these projects is performed by MMAH, Other, older non-profit housing projects are administered and subsidized by CMHC solely. Schedule A summarizes the types of social housing projects by funder/administrator and provides a brief description on the various funding models. Regional staff have no valid infOlmation on the operating subsidies being provided to the CMHC administered units. .. - .. As will be noted later in this report, even though the Advisory Council on Social Housing Reform did not deal with .fed~rally administered social housing, the disposition pf th~e. units, as theofederalo.government devolves administration to the Province, is of great interest to municipalities. .. .. The real cost of subsidies provided to social housing in Halton is unknown at this time, While the Province has provided some information on provincial subsidies, staff have still not received reliable back-up infonnation to verify the data. - Bill 152 .. Bill 152. which received frrst reading on August 21, 1997, includes significant legislation regarding the funding and administration of social housing over the next two years. Highlights of the Bill are: .. responsibility of social housing will be placed at the regional municipality level; municipalities will not get management and administration responsibility for social housing until the year 2000, but will start paying for the program. which will continue to be administered by the Province. on January 1. 1998; a regional municipality can recover the costs of social housing through its general. region-wide tax. levy or, with the consent of all area municipalities, a region can apportion its social housing costs on an area-specific basis through an alternative apportionment formula, .. .. .. The proposed legislation is drafted in such a way that implementation details are not stated and will be revealed through regulations yet to be announced, .. .. -~- .L II. - 5 - ADVISORY COUNCIL ON SOCIAL HOUSING REFORM Introduction The Advisory Council consists of nine members representing various perspectives on social housing in Ontario. The members are: Mac Carson, Facilitator (fonner chair of OHC, fonner CAO, Region of Hamilton- Wentworth) Heidi Billyard, Non-Profit Co-operative Housing Sector, Hamilton David Finnegan, Private Non-Profit Housing SectorlFaith.Groups, Toronto (Director of Planning, Properties and Housing, Catholic Archdiocese of Toronto) John Fleming, Municipal Sector, City Administrator, London (former CAO Region of Halton) Doug Hughes, Vice President, Mortgage Securities, London Life (formerly Canada Mortgage and Housing Corporation) David Peters, Municipal Non-Profit Housing Sector (General Manager, City of Toronto Non-Profit Housing Corporation) Ted ,Stella, Private. Property Management Sector. (president and owner qf Stella . . Realty Corporation) ..' . Gordon Stewart, Chair, Peel Regional Housing Authority (involved in private sector - aircraft and related equipment, investments, labour relations) Also participating in the work of the Advisory Council, but not members, were sector representatives: Derek Ballantyne, Ontario Non-Profit Housing Association (ONPHA), also General Manger for City of Ottawa's municipal non-profit housing corporation, Cityliving Harvey Cooper, Co-operative Housing Federation - Ontario Region (CHF-OR) John Curran/Joanne Campbell, Association of Municipalities of Ontario Carol Reid, Ontario Housing Corporation Anne Beaumont, Ministry of Municipal Affairs and Housing Although the promise of an advisory council on refonning social housing programs was made by the Minister of Municipal Affairs and Housing in October 1996 at the Ontario Non-Profit Housing Association Conference, the Advisory Council was not fonned by the Minister until June 1997. The mandate of this Advisory Council was set against the background of the January 1997 provincial decision to download funding and administration of social housing to municipalities, -~- .. .... .... .... .... ... .... .... ... .... .... .. .. ... .... ... .. ... ... - - - - - - - - - - - - - - - - - - - ~ .. - 6 - ADVISORY COUNCIL RECOMMENDATIONS The report of the Advisory Council on Social Housing Reform is summarized here. Each major section is followed by a summary of the staff analysis of the implications on Halton Region, The complete text of the report was previously provided as Schedule B of CS113- 97. Also, a detailed analysis of each recommendation and Halton's concerns if downloading does proceed are attached as Schedule B to CS123-97. In making their recommendations, the Advisory Council states that the recommendations should be accepted as a complete system, each dependent on the other to make implementation of them successful. Social housing providers, in the reformed social housing-. program, will have to give up their current operating agreements and enter into new agreements (Rent Supplement and Repayable Operating Loan Agreements) with municipalities which the Advisory Council believes will give providers greater autonomy, funding predictability and streamlined accountability. In exchange for these benefits, housing providers must undertake to repay some of the debt for their housing projects which would not have been required under the old program. Also, with accountability comes greater financial risk as the provincially funded cushion against increases in taxes and utilities and extenuating circumstance is removed. Municipalities will be taking on the funding and administration as a new responsibility. The key components of the reformed social housing program will be: a new funding model; redefined roles and responsibilities; and program harmonization across the sector, including OHC, New Funding Model - Advisory Council Recommendations and Analysis The new funding model would be based on separating the costs of social housing for the provider into two parts: the part which is "affordable" which can be paid from revenue sources, mainly rent/housing charges!, including rent-geared-to-income (RG!) subsidy; and the part that is "unaffordable" which is currently beyond the revenue generating capacity of the provider to pay. ([he reason there is an "unaffordable" component to social housing costs is because housing built since the mid-1980's costs more to operate than the market rents can generate due to high construction costs, Hence the reason the private sector did not build.) Providers would be expected to be responsible for the "affordable" portion by managing their units in a business-like manner and within established and agreed to benchmark costs. Municipalities would be responsible for paying the "unaffordable" portion of the costs, which would be a portion of the mortgage, and for subsidizing those tenants/members who qualify to have their rent subsidized according to rules set out by the Province for receiving RGI, 1 In co-operatives. residents are called members, as they join the co:-operative which owns the property. Instead of rent. members pay "housing charges". - L._ L. .. - 7 - .. In order to determine what part of the subsidy would be assigned to the "unaffordable" portion, three processes would be undertaken: determine the true market rents to establish a project's revenue generating capacity; establish Province-wide and local benchmarks for all operating costs; using the benchmarks, define what expenses are related to taxes, utilities, capital reserves and other operating costs in order to determine how much of the mortgage can be viewed as "affordable" debt and financed from project revenue. The remainder of the mortgage would be the "unaf.fordable" portion of the debt. .. ... .. The provider and municipality would negotiate and sign two agreements: a Rent Supplement Agreement which would provide payments to supplement the rentslhousing charges of tenants/members qualifying for RGI; and a Repayable Operating Loan Agreement which would establish the amount of the "unaffordable" debt and require the provider to repay this debt to the municipality without interest. Please refer to Charts 1 and 2 on pages 43 and 44 in Appendi~ F of Report CS113-97 for an illustration of how this should work. ... .. Analysis: The Advisory Council recommendations in this section are based on the assumption that funding and administration of social housing is going to be downloaded to municipalities. The Region of Halton's position is that it is fundamentally wrong that social housing should be paid for through property ,taxes. Social housing is an income distribution program and dOWllloading the costS onto. municipalities will cause uncontrollable fmancial pressures on local '. taxes or further squeezing of housing providers' subsidies to the breaking point. Neither scenario is acceptable for Halton nor the housing providers in Halton as maintaining good quality housing for Halton residents is part of Halton's healthy communities commitment. (Recommendation 2 of CS 123-97.) .... .. .. .. If the Province of Ontario wishes to implement the recommendations of the Advisory Council, it is noted that the Advisory Council's recommendations have the potential to improve the social housing program significantly. The concept of separating "affordable" debt from the "unaffordable" debt is a good one as it creates more independent social housing providers. Also, the myriad of housing programs would be eliminated, resulting in a single, simplified program. ... - If social housing is downloaded to municipalities there are a number of serious concerns with the recommendations of the Advisory Council: .. 1. At this point, staff are not able to predict costs to Halton for payments to housing providers and administration and whether or not these costs will be more, the same, or less than what the Province currently spends. ... .. .. .. - 7- ... f. - - 8 - - - 2. The Advisory Council was silent on a matter which will be of great concern to municipalities if the program is downloaded. Currently mortgages are being renewed at very favourable rates, As the most significant, and uncontrollable cost of social housing is the mortgage rate, municipalities need protection by the Province from interest rate increases. The uncertainties associated with interest rate fluctuations represent an undue financial risklburden which municipalities and local property ~ bases are unprepared to absorb. If downloaded to municipalities, tlie Province must provide a commitment to fund all increases in mortgage rates. - ... - 3, Further, Bill 152 stipulates that municipalities (Halton) will assume responsibility for the funding of provincially subsidized housing effective January 1, 1998. Municipalities should not be responsible for funding of social housing until they also have responsibility for its administration, thereby being in a position to manage these costs. ... ... ... 4. Recommendation 4 of the Advisory Council states that the "unaffordable" portion of the debt should be replaced with the interest free repayable operating loan effective January 1, 1998. This is an unacceptable recommendation for Halton. The Region can not be expected to acquiesce to a funding formula that has not yet been -demonstrated as feasible. A great deal of work needs to be dor.~ on benchmarking of operating costs and developing true market rents before municipalities and providers can be confident that the reformed social housing program is an improved program. If download occurs, Halton staff must be actively involved in developing these benchmarks. If the Province continues to fund the program and implement the reforms, it is still not acceptable for the funding formula to be retroactively implemented. (Recommendation 4a of CS123- 97,) ... ... ... ... 5. While the Province has announced one time funding for replacement reserves in the amount of $173,000,000 for non-profit housing and $42,000,000 for OHC, there is no evidence that this funding will be adequate to meet long term requirements for capital replacements in social housing. If the reformed social housing program is to be implemented so that housing providers can operate on a business-like basis, and at minimum cost to property tax payers, then the Province must fund replacement reserve studies for all social housing stock and replenish the capital reserve accounts so that providers are equipped to deal with future costs (Recommendation 8 of the Advisory Council), The Minister of Municipal Affairs and Housing must address this concern prior to implementing reforms to the social housing program, (Recommendation 4b of CS J 23-97.) ... ... ... - ... - -?- ..c . ... - 9 - ... 6. The Province has historically imposed lower caps on the operating costs of Halton housing providers than all other providers in the GT A ($200 per unit less in Halton), This inequity is further exacerbated when social housing costs are pooled across the GT A. Whereas it would be difficult for the Region of Halton to take on the additional cost of its own social housing, the impact of funding a significant portion of the new City of Toronto's housing costs may be devastating for housing provi~ers in Halton, The Region of Halton will be in the unfortunate position of being able to control only a portion of its housing bill, despite its best efforts to ensure that funds are spent wisely by Halton housing providers. Unless there is a special cost benchmarking process put in place for the GT A, there is a fear that Halton will pay for the higher costs of social housing in Toronto while "short-changing" its own housing providers. ... .. ... ... ... Redefined Roles and Responsibilities: Advisory Council Recommendations and Analysis Municipalities: The Advisory Council is recommending that municipalities, in consultation with the Province and providers, would have the primary role in, and responsibility for, administration of social housing. Municipalities would have a contractual relationship with social housing providers. Only if providers were in difficulty or in breach of their agreements would the municipality become involved in hands-on review and management of provider activities. Providers would be 'required to submit annual, audited reports to municipalities which demonstrated their compliance with the teons and conditions set out in the agreemenL .. III ... Providers: Providers would be responsible for managing their social housing in a business- like way including governance, the relationship with tenants/members, selection of new tenants/members, calculations of rents/housing charges, etc. .. The Province of Ontario: The Province would have an on-going role: setting standards in defmed areas of provincial interest which they would monitor and enforce (eligibility for social housing, and method of deteonining RGI); transferring federal monies to municipalities; and if federal housing is devolved to the Province, monitoring and reporting on federal principles as required by the federal-provincial agreemenL ... .. Analysis: Halton Region is opposed to funding social housing through property taxes. Council may wish to enter into discussions with the Province concerning transfer of administration of social housing programs for housing in Halton to the Region, however, it is Council's position that the Province should continue to fund this program. .. ..... .. .. .... -9- iii , - A . - - 10 - - If funding is downloaded to municipalities, the following concerns must be addressed: - 1. In establishing the new agreements with housing providers, municipalities need sufficient remedies in the Rent Supplement and Repayable Loan Agreements to step in and protect their interests early on, Le. the right to perform the obligations of the provider, ~t the cost of the provider, the right to appoint or seek the appointment of a manager and/or receiver, etc. - - 2. Recommendation 9 of the Advisory Council (province retains responsibility for contingent liability) is misleading, In fact. if funding is downloaded. Halton will , carry the ultimate liability for social housing mortgages in Halton because the Province will require municipalities to cover the cost of mortgage default. If there is any loss on the sale of a social housing project which has defaulted on its mortgage, then Halton will have to continue to pay to the Province the principle and interest on the mortgage that was not recovered through the sale. The Province of Ontario must retain the funding liability for mortgage defaults rather than municipalities. (Refers to Recommendation 7 CSI23-97.) - - - - 3, Recommendation 10 of the Advisory. Council states that the Province should , . continue tci set Province wide standards'in the area of eligibility, benefit rates~ number of RGI units, access policies, etc. If downloading occurs, this concept must be studied further as there is a fear that the Province will have the power to unilaterally make changes which can affect municipalities' ability to pay for social housing and housing providers' ability to deliver a meaningful housing program. This function would be better dealt with at the Province-wide body which will have input from municipalities, housing providers and the Province. - - - Ontario-wide Body: In the recommendations, it is proposed that an Ontario-wide body be established to be responsible for tasks which would be better--tlealt with at the Province-wide level. These tasks include tendering mortgage renewals; collecting and distributing information on benchmarking and best practices; developing and administering an accreditation system for provider groups, etc, The board of the Ontario-wide body would have a majority of municipal members and include representation from providers and the Province_ - - Analysis: There would be no need for a Province-wide body if the Province continues to fund social housing in Ontario, However, as discussed above, this body, as _ opposed to the Province, should also set Province-wide standards for social housing if funding is downloaded, In this case, Halton should be actively involved in the work of this body. - - - -/~- L. .. - 11 - ... Program Harmonization: Advisory Council Recommendations and Analysis ... To harmonize the current complex system of provincially subsidized social housing and to try to reduce them to one program, the Advisory Council recommends that OHC would be ended in its present fonn. Municipalities would decide on the most effective way to manage former OHC units in their jurisdiction. OHC would be integrated into the funding model by establishing a market rent, with the resulting Rent Supplement and Repayable Operating Loan (if required) Agreements being signed with municipalities. Initially ownership of OHC would remain with the Province. Please refer to Chart 3 on page 45 in Appendix F of the report from the Advisory Council on Social Housing for an illustration of how this should work. ... ... ... Analysis: Whether or not funding for social housing is downloaded to municipalities, the concept that OHC be wound up and administered by a locally selected housing agency (Advisory Council Recommendation 17) is a good one and is consistent with the position taken by Halton Region in November 1996 whereby the Council resolved that it supported Halton Non-Profit Housing Corporation entering into negotiations regarding the concept of the corporation managing Halton Housing Authority's portfolio. At its meeting on September 24, 1997, Halton Non-Profit Housing Corporation reconfmned its willingness and ability to administer Halton . Housing Authority's portfolio as soon as feasibly possible. . Halton Non-Profit . , Housing Corporation. also expressed its. desire that it and Halton Region. enter into negotiations as soon as possible with the Province regarding transfer of ownership of OHC stock to Halton Non-Profit Housing Corporation. ... ."", ... ... Recommendation 5 of CS123-97 states that the Region of Halton enter into ... negotiations with the Province immediately regarding the transfer of administration and ownership of OHC stock in Halton to Halton Non-Profit Housing Corporation, on the basis that the Province continue to fund 100 per cent of the operating loss ... on the portfolio, The transfer of ownership should be at no cost to Halton Non- Profit Housing COi'poration. --... Ownership transfer should only occur after thorough building audits have been conducted (funded by the Province) to determine the amount of replacement reserves required to manage the properties in a business-like manner. Further, these replacement reserves must be funded by the Province, (Recommendation 5b of CSI23-97,) Such transfer of ownership would recognize the impact on Halton Housing Authority staff and tenants, ... ... There are several concerns about Recommendation 18 of the Advisory Council, For many years it has been recognized that there are inherent problems in concentrating people with loW' incomes in thou sing communities, OHC has maintained a policy of housing the "neediest" first, hence its housing communities have higher concentrations of people in receipt of social assistance than in other non-profit housing communities where a variety of income ranges have been targeted, ... .. .. -//- lIlIIIiI .. .. - - - - - - - .. - .. .. - - - - - - /" . - 12 - In its negotiations regarding the transfer of ownership of OHC stock, the Region should have the flexibility (and commensurate funding from the Province) to make changes in the income mix of these housing communities, while at the same time guaranteeing security of tenure for sitting tenants. To introduce higher income or even market rent tenants will require a long tenn plan for marketing and capital improvements, This can only be achieved if these projects can be re-financed to use the equity already in the asset. Assurances are needed so that the Region of Halton, in conjunction with Halton Non-Profit Housing Corporation, can decide to reduce the number of RGI households in OHC stock. (Recommendation 5b of CS123-97.) Other Matters: It should be noted that "supportive housing" was not part of the mandate of the Advisory Council. Supportive housing is housing where tenants receive additional services which allow them to live independently in the community. Recipients of these services may be intellectually handicapped, have psychiatric problems, physical disabilities or be socially disadvantaged in other ways. Generally, the supportive housing function is funded by a provincial ministry or through municipal social services. In Halton, there are several supportive housing projects. Some are 100 percent supportive housing (e.g. Deborah's House, Milton; Summit -House, Burlington), o~ers, like Halton Non-Profit Housing Corporation's Wellington Terrace project, have a portion of their units set aside for supportive housing, Because supportive housing projects still need funding from another agency in order to continue their work, decisions need to be made about how these projects will be administered and who will fund the housing component. This is a complicated problem which affects a significant number of housing providers across Ontario. It would probably be easiest to have the housing costs paid for by the provincial ministry which pays for the support services rather.than the municipality becoming involved in complex negotiations over cost-sharing with a provincial ministIj: However, where projects are not 100 per cent supportive housing (i.e, Wellington Terrace, Burlington; March of Dimes, Oakville), the problem is not so easy to resolve, The Ministry of Municipal Affairs and Housing needs to turn its attention to this matter as soon as possible as it affects many housing providers, (Recommendation 4c of CS123-97,) - /,j - .L , ... - 13 - .. CONCLUSION .. The Advisory Council on Social Housing Reform is to be commended for the quality of its recommendations given the constraints imposed on it by the Minister. The recommended reforms are innovative and may lead to a more independent, business-like housing program, but the Province must continue to fund 100 per cent of the subsidy costs, The liabilities which the Province wants to ~ownload on Halton are onerous and, for the most part, are uncontrollable. These include pooled costs, mortgage rates, provincial setting of eligibility and RGI rates, liability for mortgage defaults, inadequately funded capital reserves and an aging stock. Municipalities are not the appropriate funder for this income redistribution program. .. .. .... .. Respectfully submitted, ~j)d~a . Gwen Maloney . Director, Halton -Non-Pr fit Housing Corporation Divisiqn . ... .... ... Approved by: .. },L. Rinaldo Commissioner of Corporate Services .. .. Approved by: ... .. B, Malmsten Chief Administrative Officer .. GM/mb ... .. - /:5_ III .' L - - Schedule A CS 123-97 - Social Housing Funding in Halton Region - .. For the most part, non-profit housing which was developed after 1985 was funded wholly or in part by the Province of Ontario through the MMAH. Some projects are also funded by Canada Mortgage and Housing Corporation (CMHC). Subsidies for these housing projects are administered on a portfolio basis and consist of subsidies for tenants on rent-geared-to- income (RGI) leases to cover the gap between the designed "unit rent factor" and the tenant's RGI, and "bridge subsidies" to cover the gap between the unit rent factor and the economiclbreakeven rent. Ontario entered into different funding agreements with the municipal non-profit/private non-profit sector and the non-profit co-operative sector. - .. - Ontario Housing Corporation (OHC) owns 1,065 units in 15 housing communities in Halton which are managed by Halton Housing Authority. These projects are all over 20 years old and were funded through 50 year debentures. Operating subsidies are funded by the Province of Ontario and CMHC. Halton Housing Authority subsidizes the rent for all tenants in two housing communities which are privately owned and managed (tenants are referred to the owner. by the housing. authority). The Province also advises that there are a number of "rent supplement" units in Halton; wherein RGI tenants are referred to'anumber of private. . landlords'who in turn receive a subsidy up to the market rent from the housing authority. Finally, OHC owns Oakville Senior Citizens Residence which is a unique residential complex, Run by a separate Board of Directors, this facility provides 164 self-contained apamnents and 162 supportive housing units. Operations of the supportive housing units are funded by the Ministry of Health, Long Term Care; the conventional apartments are subsidized by ORe. .. .. - .. After 1985, CMHC's direct role in social housing development was limited to a small co- operative housing program called Index Linked Mortgage Program which was used by two groups in Halton. - - Prior to 1986, non-profit housing (private non-profit and co-operative) was developed and administered through CMHe. Various funding programs were used, depending on the year the project was built. - - - Schedule A. CSl23-97 Pagel - - - I~- L t.. Program Projects Units Administered Funded by by Post '85 Non-Profit Housinl! Proiects: Municipal Non-Profit (Halton Non- 10 735 Province Provincial: 5 Profit Housing Corporation) FederaVProvincial: 5 Private Non-ProfitINon-Profit Co- 7 Co-op 1366 Province Federal/Provincial Co-op: 1 operative 20PNP Federal/Provincial PNP: 6 - Provincial Co-op: 6 - Provincial PNP: 14 Index Linked Mortgage 3 194 CMHC CMHC *Provincial subsidies may be provided for some RGI units Sub-total Post '85 40 2295 Pre '86 Non-Profit Housinl! Proiects: Private Non-Profit 11 811 CMHC CMHC *Provincial subsidies may be provided for some RGI units Non-Profit Co-operative '5 354 CMHC CMHC . *Provincial subsidies may be provided for some RGI units .. . .' . Sub.total Pre '86 16 1165 Ontario HousinJ; COI;poration: Halton Housing Authority 15 1065 Province ProvincelCMHC, generally SO/50 cost share Other subsidized by Halton Housing 2 137 Province ProvincelCMHC. generally SO/50 Authority cost share Rent Supplement Program (unknown 72 Province ProvincelCMHC, SO/50 cost share locations) Oakville Senior Citizens Residence 1 336 Province ProvincelCMHC. SO/50 cost share Sub.total OHC 18 1610 Total AD Halton 74 5070 Schedule A. CS123-97 Page 2 -/5: .. .. .... filii .... .... .... .. filii .... ... .. ... .. ... .. .. .. .. L . - - - Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 - A. A NEW FUNDING MODEL - IT IS RECOMMENDED TIlAT: 1, The subsidy for social housing be separated into a "supply" or "bridge" subsidy and an RlJI subsidy. - - - - - - - - - - - - - Schedule B. CS123-97 - " Schedule B CS 123-97 t. Halton Concerns If Funding of Social Housing Downloaded Agreement The accountability relationship be based on contractual approach rather than government regulations. This will reinforce the principles of local autonomy, accountability and business-based operations. Also, the myriad of housing programs would be eliminated, resulting in a single, simplified program. However, it is f1mdamentally wrong that social housing should be paid for through property taxes. Social housing is an income distribution program and downloading the costs onto municipalities will cause uncontrollable fmancial pressures on local taxes or further squeezing of housing providers' subsidies to the breaking point Neither scenario is acceptable for Halton nor the housing providers in Halton as maintaining good quality housing for Halton residents is part of Halton's healthy communities commitment At this point, staff are not able to predict costs to Halton for payments to housing providers and administration and whether or not these costs will be more, the same, or less than what the Province currently spends. The Advisory Council was silent on a matter which will be of great concern to municipalities. Currently mortgages are being renewed at very favourable rates. As the most significant, and uncontrollable cost of social housing is the mortgage rate, municipalities need protection by the Province from interest rate increases, The uncertainties..associated with interest rate fluctuations represent an undue fmancial risklburden which municipalities and local property tax bases are unprepared to absorb. The Province must provide a commitment to f1md all increases in mortgage rates. Pagel -/,- r . Advisory Council on Social Housing Reform Recommendations - September 2, 1997 2, The "RGI" subsidy be replaced with a Rent Supplement Agreement. :'; 3, The present requirement for ending provider repayment obligations after 35 years be terminated. . -. 4, The "Supply" or "Bridge" subsidy be converted to an interest-free Repayable Operating Loan which would commence acauing effective January I, 1998, 5. An incentive be developed to encourage early repayment of the Repayable Operating Loan to the municipality. Schedule B. CS123-97 ... Halton Concerns If Funding of Social Housing Downloaded ... Basic Agreement Concerns: It is important that the new agreements clarify that non-profit housing providers are to operate in a business-like manner and that there can be no expectation of revised funding arrangements by either mlUlicipalities or non-profit housing providers. ... ... The Advisory COlUlcil is recommending that subsidies continue for tenants even if the Rent Supplement Agreement is terminated, Under OHC's Rent Supplement Program. with private sector landlords. there is a provision that, in the event OHC or the landlord decide not to renew the agreement, current subsidized tenants can remain tenants in receipt of. subsidy lUltil they choose to move. It is not clear, based on the wording of the recommendation, if mlUlicipalities or the provider would be expected to continue to subsidize the sitting tenant. ... ... ... Agreement ... Concerns: In a "minority" comment in the Advisory Cmmcil report it was noted that some providers will resist the reformed program. as they entered into current agreements in good faith. This co~ent comes fI:om theco-Qperative sector. Disagreement with effective date of Repayable Operating Loan fIIIIII ... Concerns: This is an unacceptable recommendation for mlUlicipalities and non-profit housing providers, Halton Region can not be expected to acquiesce to a funding formula that has not yet been demonstrated as feasible. A great deal of work needs to be done on benchmarking of operating costs and developing true market rents before providers and mlUlicipalities can be confident that the reformed social housing program. is an improved program., ... ... Bill 152 stipulates that municipalities will assume responsibility for the funding of provincially subsidized housing effective January I, 1998, MlUlicipalities should not be responsible for funding of social housing lUltil they also have responsibility for its administration. .. - The requirement that housing providers must repay the lUlaffordable portion of the debt needs clarification. At first reading it appears that the principle of the unaffordable portion of the loan which is paid by the mlUlicipality must be repaid by housing providers. Some non-profit groups are lUlclear if this is truly the meaning of the recommendation and are seeking clarification, ... ... Basic Agreement .. .. Page 2 - /1- .. ... L . ... Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 6. TIle Repayable Operating Loan subsidy be determined using benchmarks for expenses and market rents for revenue. - - ... ... - - ... - ... 7. Ongoing benchmarking be done as a management tool. 8. All providers be required to include adequate provision for capital reserves in their operating base. ... ... ... - - - - Schedule B, CS123-97 - ", Halton Concerns If Funding of Social Housing Downloaded " Basic Agreement Concerns: This will be the most important feature of the refonned social housing program, especially for Halton which must participate in pooling of Toronto social housing subsidies, The Province has historically imposed lower caps on the operating costs of Halton housing providers than all other providers in the GT A. While all other housing providers in the GTA have a manageable cost range of $1,600 to $2,000 per unit, Halton's range is $1,400 to $1,800 per unit. Staff were never provided with an acceptable explanation of the differentiation between Halton and other GT A areas to warrant the difference in ranges, Be that as it may, this inequity is further exacerbated when social housing costs are pooled across the GTA. Whereas it would be difficult for the Region of Halton to take on the additional cost of its own social housing, the impact of funding a significant portion of the new City of Toronto's housing costs may be devastating for housing providers in Halton. The Region of Halton will be in the unfortunate position of being able to control only a portion of its housing bill, despite its best efforts to ensure that funds are spent wisely by Halton housing providers, Unless there is a special cost benchmarking process put in place for _ UIe GT A, there is a fear that Halton ~ousing providers will pay for the' , . higher costs of social housing in' Toronto through' cuts to their own subsidies. Agreement Basic Agreement Concern: The Province has announced a $173 million infusion into the capital reserves of non-profit housing providers and $42 million for OHC. The Province has historically underfunded replacement reserves and this one time payment will not be sufficient to give providers the appropriate level of fmancial security, It is recommended that the amount of provincial contributions to individual housing providers be set based on the findings of project by project replacement reserve studies which take into account the age, quality of construction and lifespan of building elements. Only in this way can municipalities (and housing providers) be fully aware of the scope of their liability. Page 3 -/3- .EO . Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 9. The Province of Ontario retain responsibility for the contingent liability. In the case where the Province has had to make payment pursuant to a mortgage default, the municipality continue to pay the principle and interest on the defaulted loan to the Province to maintain expenditure neutrality. - - B. REDEFINED ROLES AND RELATIONSHIPS o IT IS RECOMMENDED TIIA T: 10. The Province legislate provincial standards for the social housing program in the following areas: - maintaining levels of service with respect to the current number of RGI units under subsidy and the range of income groups served with maximum municipal flexibility in determining how to meet housing needs; - ensuring consistency and fairness in program rules related only to access policies, eligibility and benefit levels; - complying with federal principles; - managing the contingent liability. Schedule B. CS123-97 ... Halton Concerns If Funding of Social Housing Downloaded ... Concerns: It is important to note that municipalities carry the ultimate liability as the Province will require municipalities to cover the cost of mortgages in default. These costs must remain with the Province of Ontario, .... From the perspective of a GT A pooled costing perspective, which Halton opposes, Halton has an interest in seeing that defaults in Toronto are handled in the GT A's best interest and do not cause further reductions in the amount of money which can be spent on non-profit housing in Halton. ... ... ... Conditional Agreement Concerns: The rationale for giving the Province control over setting standards for eligibility, benefit levels, controlling the number of RGI units, etc, should be examined closely. In this recommendation, the Province would have the power to unilaterally make changes which can affect mWlicipalities' ability to pay for social housing and housing providers' ability to deliver a meaningful housing program.. This function may be better dealt with at the Province-wide body which will have input from municipaliti~, housing providers and the Province, This is the rust time in the history of social housing in Ontario that legislation will be passed to specify how social housing should be administered. Legislation may not be the most appropriate method to ensure that low and moderate income households' future needs are met in a timely manner. ... ... ... ... ... It should also be noted that this recommendation contemplates that the Province will be requiring municipalities to administer ... the federal non-profit housing program when it is devolved to the Province. ... ... ... ... ... .. -/9- Page 4 .. [. ... - Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 11. The municipality be responsible for: - determining the most appropriate means of administering its responsibilities for the social housing program in concert with providers and in compliance with federal and provincial interests and legislation; - negotiating and signing the Rent Supplement contracts; - paying the rent supplement subsidy to the providers; - - negotiating and signing the Repayable Operating Loan Agreement with the provider; - dealing with the payment of the "unaffordable" portion of the debt to the lender; - monitoring and reporting to the Province on compliance with federal and provincial standards; - receiving federal monies via the Province and distributing it to providers. - - - - - - The municipality be responsible for detetmining the most effective way to: - manage Rent Supplement contraCtS including income determination for housing purposes and the ongoing verification of income; ....1 . ensure. that a: co-ordinated -acCess pro<:eS$ _is in place, where aPPropriate using the processes which already exist in various municipalities; - maintain desired outcomes through peer-based accreditation and performance standards systemS; - participate in default management; - participate in the benchmarking process which establishes the repayable operating loan amount for each project; - establish and participate in the Ontario-wide body, 12. Municipalities have local flexibility to choose what administrntion system they set up for social housing. This could include, but not be limited to: - a municipal department reporting to council; - an arms-length, special-purpose body such as a board; - contracting "",ith a third party, - - - .. - .. - .. - - Schedule B, CS 123-97 - ." Halton Concerns l( Funding of Social Housing Downloaded Basic Agreement Concerns: The Rent Supplement and Repayable Operating Loan Agreements which Halton enters into with housing providers must have sufficient remedies in favour of Halton in the case of breaches by providers, In the vast majority of cases in Halton, housing projects are administered by a single manager and these functions do not represent a significant portion of their daily activities, hence there is little likelihood of savings in this area. This matter will have to be reviewed in detail before a final decision is made by the Region of Halton, During the next few months, Halton Regional staff will develop options for administratipn of social housing, Provincially funded housing providers in Halton have developed a system of co-ordinated access to social housing called Halton Access to Community Housing (HATCH). This system will be operational on January 1, 1998 and will provide comprehensive information on all social housing in Halton, a common housing application form and a single entry point to all the waiting lists in Halton the applicant is interested in. Agreement Recommendations on the administrative structure for social housing in Halton will be brought forward when the details of the reformed social housing program are clear. PageS - 020 - L . Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 13, Providers be responsible for: - their own governance; - managing on a business-like basis; - relationship with tenants/members; - tenant/member acceptance/placement; - rentlbousing charge calculation; - building management; - negotiating and signing the Rent Supplement Agreement and Repayable Operating ~ Agreement with the municipality; ~ - paying the affordable portion of the mortgage to the lender; - repayment of the repayable operating loan to the municipality; - participating in the local ~-ordinated access system; - meeting reporting requirements as per the Rent Supplement Agreement and the Repayable Operating Loan Agreement; - participating in the Ontario-wide body; - maintaining peer-based acaeditation status; - other matters related to agreements and legislation, 14. An Ontario-wide body be established to be responsible for: . . - pooling for tendering mortgage renewals; -- - managing defaults; - collecting and distributing information such as benchmarking and best practices information for municipalities and the Province of Ontario; - developing in close consultation with providers, a peer-based acaeditation system for provider groups; - making recommendations to the Province concerning changes to provincial standards, including the most appropriate RGl level; - reviewing and revising benchmarks on a 4 to 5 year cycle and providing up-to-date benchmark data on a regular basis to municipalities and providers; - considering the development of a certification program for social housing property managers; - developing and implementing a strategy to improve the skills of board members and staff; - developing and implementing a model audit format and criteria consistent with requirements set out in the agreements. The Ontario-wide body consider the use of contracted senices to administer some or all of its responsibili ties.. Schedule B. CS123-97 .. Halton Concerns I( Funding of Social Housing Downloaded ... Agreement .... fIIIIIi .... ... .... .... Basic agreement ... Concern: The concept of a Province-wlde body is supported . provided it does not become a bureauaatic, provincially controlled organization. It is important that Halton Region be actively involved in developing this body and contributing to its work. .. fIIIIIi ... ... .... ... ... ... ... - .21- Page 6 .. r" . ... - Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 15. TIle majority of representatives on the Ontario- wide body be municipal representatives, but also include representatives of provider groups and the Province, - ... 16, TIle Province of Ontario be responsible for: - legislating provincial standards in the areas previously dermed; - transferring federal housing monies to municipalities; . - assuming an agreement with the federal government, monitoring compliance with federal principles and reporting to CMHC on them; - monitoring compliance with provincial standards; - developing "model" Rent Supplement and Repayable Operating Loan agreements prior to devolution in close consultation with providers and the municipality; - assuming the provincial share of the contingent liability for mortgage guarantees; - participating in the Ontario-wide body. - - ... - ... C. PROGRAM HARMONIZATION - OHC - . " " IT IS RECOMMENDED TIIAT: " .. 17, Ontario Housing Corporation (OHC) and the local housing authorities (LHAs) be wound up in their present form, and municipalities choose the most effective approach to delivering public housing (OHC) in their community, Options could include, but not be limited to: - converting local housing authorities to non-profit corporations and retain them as delivery agents for public housing; - requesting that private or municipal non-profits or co-ops assume responsibility for public housing:_ - - - - During the process of winding up OHC and the LHAs. the LHAs be included as participants in the development and implementation of program reforms, - ... - - Schedule B, CS123-97 - / Halton Concerns l( Funding of Social Housing Downloaded <, Agreement Basic Agreement Concerns: See comment regarding Recommendation 10. Halton should be actively involved in developing the model Rent Supplement and Repayable Operating Loan Agreements. Agreement The concept that OHC be wound up and administered by a locally selected housing agency is consistent with the position taken by Halton Regional Council in November 1996 whereby the Council resolved that it supported Halton Non-Profit Housing Corporation entering into negotiations regarding the concept of the corporation managing Halton Housing Authority's portfolio. Page 7 .... .:l.:l._ /. ; Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 18. Market rents be established for former OHC units and the resulting RGI subsidy be calculated in the same way as for non-profit and co-op housing, Any surplus resulting from the market rents being greater than operating subsidies in former OHC units be returned to the municipality. 19. Initially, ownership of OHC units should stay with the Province. However, the Province and municipalities should jointly determine the future ownership structure and this new structure should recognize the provincial role in funding these assets to date, the mlIDicipal role in funding these assets in the past and in the future, and their common interest in these assets. Schedule B, CS123-97 .... Halton Concerns II Funding of Social Housing Downloaded - Basic Agreement Concerns: There are several concerns about Recommendation 18 of the Advisory Council. For many years it has been recognized that there are inherent problems in concentrating people with low incomes in housing communities. OHC has maintained a policy of housing the "neediest" first, hence its housing communities have higher concentrations of people in receipt of social assistance than in other non-profit housing communities where a variety of income ranges have been targeted. .... .., .... As the new administrator of OHC stock. the corporation should have the flexibility, in conjunction with the Region of Halton, to make changes in the income mix of these housing communities. while at the same time guaranteeing security of tenure for sitting tenants. To introduce higher income or even market rent tenants will require a long term plan for marketing and capital improvements. This can only be acl1ieved if these projects can be re-fmanced to use the equity already in the asset. - .... - Another Advisory Council recommendation is that the current level of RGI and range of income served should be maintained in the community. Assurances are needed' so tbatthe Region of Halton can decide to reduce the number of RGI householdS in OHC stock as long as these units are replaced in other locations. I11III .... Basic Agreement - Concerns: Halton's need for flexibility in this area is discussed in Recommendation 18. - The Advisory Council is recommending that ownership of OHC should initially remain with the Province and that the Province and the.affected municipality (Halton) jointly determine the future ownership of this stock. The Region, in conjunction with Halton Non-Profit Housing Corporation, should enter into negotiations as soon as possible with ORC regarding the transfer of ownership of its stock in Halton to Halton Non-Profit Housing Corporation, .... - The transfer of ownership should be at no cost to Halton Non- Profit Housing Corporation and only after thorough building audits have been conducted (funded by the Province) to determine the amount of replacement reserves required to manage the properties in a business-like manner, Further, these replacement reserves must be funded by the Province, .... I11III .. .. -.:l.J- Page 8 .. ..c. - - Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 D. NEXT STEPS - IT IS RECOMMENDED THAT: 20. Prior to devolution, an initiative be undertaken by the Ministry of Municipal Affairs and Housing to identify projects in difflculty and rectify the problems in a manner that does not delay the transfer of administrative responsibility for social housing to municipalities. _ - - - 21. A working group, composed of representatives of municipalities, the Province and providers, be established to plan, test the feasibility of and implement reforms in the following areas before the terms of the agreements are ftnalized: - ftnancial modelling and feasibility testing; - the process of income determination and calculation of rents; - model Rent Supplement and Repayable Operating Loan agreements. - - - 22, The Province, in consultation with the m~icipalities and providers, develop tenDS of reference. and initial workplan for the OntariO-:wide body, including a process and timeframe for putting it in place, 23. The Province, in consultation with the municipalities and providers, determine the amount of the repayable loan using benchmark methodology devised by all partners, and bearing in mind ftnancial viability and common standards of service. - - - 24. Where feasible, the Minister seek voluntary, rather than legislative, change. - - 25, The Province, municipalities and providers use an advisory council format to determine a Province- wide program that could replace the expiring program and could utilize all or some of the emerging tax room as existing agreements expire and, this review program should begin 2 years before the first agreement expires. - - - - Schedule B. CS123-97 - Halton Concerns l( Funding of Social Housing Downloaded ", Basic Agreement Concerns: Prior to municipalities and social housing providers entering into the Rent Supplement and Repayable Operating Loan Agreements, the Province must also disclose all relevant information about each social housing provider, such as annual audited statements, compliance reviews, etc. including information on the resolution of concerns about governance matters. Agreement Halton should take an active part in these working groups. Agreement Basic agreement Concern: Refer to Recommendation 19 where building audits must be in place prior to negotiating agreements. Basic agreement ~Refer to comments regarding Recommendation 10. Agreement OHC units in Halton were built in the 60's and 70's. Generally they have 50 year debentures. Provincially lead non-profit housing was built after 1985 in Halton, Dearly municipal leaders must determine the community's role in continuing to provide affordable housing for all of its citizens when these agreements expire. Page 9 . - 02~- L. . ;. Advisory Council on Social Housing Refonn Recommendations - September 2, 1997 26. The Province consider, in its broad new policy framework for social assistance, introducing into the social housing program incentives for tenants/members to achieve self sufficiency so as to make subsidized housing available to those most in need. .. Halton Concerns H Funding of Social Housing Downloaded .. Disagreement This recommendation was not discussed in the public meetings of the Advisory Council, therefore the context of the recommendation is unknown, Based on the written text of the report, it is unacceptable. .... .. A fundamental tenet of social housing is to provide safe and ~ homes for low and moderate income households. As long as people continue to qualify for a rent subsidy and comply with eligibility guidelines they must have security of tenure. It is unfeasible to expect housing providers to put in place programs that develop people's earning capacity. .... .. Somehow limiting the number of years a household can live in non-profit housing destabilizes families', children's and senior citizens' lives, not to mention the impact on the communities in which they live, 27, Where consultation between the Province, the Agreement municipalities and providers is required, the Province facilitate the process. Schedule B. CS123-97 ... .. .... .. .. .. .. .. .. .. .. .. Page 10 - .;1..5 - IlIIIIi ~ '\I.. ,L " ,: - - - - - - - REPORT OF THE ADVISORY COUNCIL ON "SOCIALHOUSING REFORM - - - - - .. .. - - - September 2, 1997 - 38 SCHEDULE B REPORT CS113-97 J,. 'l , - - - - - - - - - - - - - - - - - - - ,I. .. :If ,. - Advisory Council on Social Housing Reform September 2, 1997 Dear Minister Leach: The Advisory Council on Social Housing Reform is pleased to present our Report for your consideration; In our relatively. short time together, we have tried topro~ide you with a comprehensive set of recommendations to reform the social housing system. Since our appointment ro the Council "on June 5, 1997, we examined the social housing system i~ Ontario as requested. The current system is complex and accountabiiity relationships are unclear.' We believe that the reforms proposed in our report would make the system simpler, " more accountable and therefore cost-:effective. A reformed systein would also . make the . programs more responsive to municipal needs in preparation for the provincial transfer of this. responsibility . Ou;r focus was.o~ restructurip.g the fmancial relationship between the ~der .and pr6vide~ of. '. social housirig, A new' fm~Cial framework WOll;ld create an environment for these providers to operate in a more business like manner which would strengthen the a~countability for fimding. In our deliberations, we were very conscious of the need ~o protect the tenure of those people living in soci~ housing, We wish to assure them that we a~hievea this objective. We would like to comment on the matter of next steps and timing, Our recommendations are just a beginning and much more detailed work must be completed before a reformed system can be implemented but there isn't much time, Municipalities will be assuming funding responsibility for the program starting January 1, 1998 and we expect they will be anxious to assume administrative responsibility of a reformed program as soon as possible, To this -end, we have proposed the establislunent of a: working group with representatives from all of the parties to undertake this task, .' . Finally, we would like to take this opportunity to thank the advisors who supported us in.our work. The representatives from the Association of Municipalities, Ontario Non-Profit Housing Association, Co-operative-Housing Federation - Ontario Region and the Ministry staff provided invaluable advice and cOWlSei to our deliberations, A special thanks must go to our Facilitator - Mac Carson - because without his ~iplomacy and guidance we could not have accomp~ishe~ our task, - . - un 39 ~ .. - 2- ... If') . ... Thank you for the opportunity to work on this important initiative, we look forward to receiving your response to. our report Sincerely, " . ~~- ,bf~ . ~eidi Bill ard. . . - 40 ... ... ~. '"":. J~-,.J. J~.r-- David Finnegan ' v .- . -... ... ... ... "'" .. ... - ... ... ... ... ... .. .. - ~ . Advisory Council on Social Housing Reform 15. .. .. TABLE OF CONTENTS - Page No, - 1. INTRODUCTION 1 - 2. OVERVIEW OF RECOMMENDATIONS 3 3. PRINCIPLES 7 - 4. RECOMMENDATIONS .. A. A NEW FUNDING MODEL 8 B, REDEFINED ROLES AND RELATIONSHIPS 15 C. PROGRAM HARMONIZATION - OHC 24 - D, NEXT STEPS 27 - APPENDICES A, BIOGRAPHIES OF COUNCIL MEMBERS 32 - B, TERMS OF REFERENCE 35 - C. STAKEHOLDER DEPUTATION SESSIONS 39 - D, PARTICIPANTS IN MUNICIPAL STAKEHOLDER MEETING 41 E. SOCIAL HOUSING PROGRAMS 42 - F. CHART 1 - NON-PROFIT FUNDING 43 CHART 2 - THE REPAYABLE OPERATING LOAN 44 - CHART 3 - OHC FUNDING 45 G, CLARIFICATION OF THE COOPERATIVE VIEW ON - RECOMMENDATION 11 46 - - - 41 .t ... :z4 6". fill Advisory Council on Social Housing Reform ... ... 1. INTRODUCTION ... The Advisory Council on Social Housing Reform was established on June 5, 1997 by the Minister of Municipal Aff~irs and Housing, the Honourable AI Leach, The Council was asked to report its recommendations to the Minister at the beginning of September. ..., The Council had seven members, individuals with expertise in finance, property management, federal housing programs, management of non-profit and co-ops and municipal finance, The members were: Heidi Billyard, David Finnegan, John Fleming, Doug Hughes, David Peters, Ted Stella, and Gordon Stewart (see Appendix A for biographies of members). Mac Carson was appointed Facilitator of the Council. ... ... To assist the Council, the following groups sat at the table with Council members to advise them during the discussion of issues related to social housing reform: the Association of-Municipalities of Ontario (AMO); the Cooperative Housing Federation- Ontario Region (CHF-OR); Ontario Housing Corporation (OHC); the Ontario Non-Profit . Housing Association (ONPHA); and the Ministry of Municipal Affairs and H,?using (MMAH). .. ... ... ... The mandate of the Council was to examine th.e effectiveness of the current system of financing, administering and regulating social housing and make recommendations on reform to the Minister of Municipal Affairs and Housing (see Appendix B - Terms of Reference), "" Specifically, the Council was asked to make recommendations that would address: ensuring security of tenure for tenants/members 1; defining a new relationship between government and providers; . generating costs savings and operational efficiencies; ensuring accountability for the use of public funds. .. - ... The Council's mandate did not include addressing the.issues of: supportive housing; federal - provincial discussions of the federal offer to transfer federal responsibility for social housing to the province; and the province's transfer of social housing to "" municipalities, These issues are being addressed at different forums, ... ... 1 In cooperative housing, tenants are members and rents are called housing charges. .. 1 42 .. ~ ... 11-5. .. Advisory Council on Social Housing Reform .- .. .. In order to get as many perspectives on social housing reform as possible, on July 16, 1997, the Council heard deputations from 20 groups representing all aspects of the social housing system (see Appendix C - Deputations for a list of participants), A further three groups submitted written deputations. - - On August 13, 1997, the Council met with elected representatives of municipalities and municipal staff to hear their views (see Appendix D - Municipal Stakeholder Meeting for a list of participants), - .. In all, the Council held 14 meetings, most a full day in length, between June 18 and August 27,1997. - The recommendations that the Council is putting forward address the 'end state of the reformed social housing system. The Council recognizes that this end state cannot be reached immediately, and that a transition phase will be needed. However, the Council has not made recommendations relating to the transition phase, .. - .. - - - - .. ',) - - 2 43 - ~ .. ~,. .. Advisory Council on Social Housing Reform .. .. 2. OVERVIEW OF RECOMMENDATIONS .. The Minister is urged to review the recommendations that follow as an integrated package which, taken together, make up a proposed new, reformed social housing system for Ontario, They should not be looked at as individual recommendations which can be separated out, implementing some but not others - this would destroy the intent of the Council's recommendations. .. .. Although federal social housing monies will continue to flow through the province to the" municipalities, and there would be provincial standards for the program, the provincial role in the reformed social housing system would be greatly reduced. The major ... players would be the municipalities, as the major funder and administrator of the program, and the providers. ... The Council's recommendations for reform propose trade-ofts within the system for both the providers and the municipalities in order to achieve a simpler, more cost- effe~tive, unified, program which is .responsive to municipal needs. ;. . ...0. . . ' .. Providers would be trading off their current operating agreements for new agreements which would guarantee them more autonomy, funding predictability and streamlined accountability, but require them to undertake to repay, on an interest-free basis, some of the debt which did not have to be repaid under the old program, Municipalities would be taking on the administration of social h~using but would be getting a simplified, more business like program, - - - The key components of this new reformed system would be: a new funding model redefined roles and responsibilities program harmonization - OHC - ... The refonned system would maintain current provisions on security of tenure for existing tenants/members and the current levels of Rent Geared to Income (RGI) units under subsidy, - The new funding model would be based on separating the costs of social housing for the provider into two parts: the part which is "affordable" which can be paid from revenue sources, mainly renUhousing charges, including RGI subsidy; and the part that is "unaffordable" which is beyond the revenue generating capability of the provider to pay, Providers would be expected to be responsible for the "affordable" portion by . managing their units in a business like manner and within established and agreed to .. ... .. 3 44 IIlII " - - - - - - - - - - - - - - -- - A ... ~,:. . Advisory Council on Social Housing Reform bench marked costs. Municipalities would be responsible for paying the "unaffordable" portion of the costs, which would be a portion of the mortgage, and for subsidizing those tenants/members who qualify to have their rent/housing charges subsidized according to the rules set out by the province for receiving Rent Geared to Income (RGI), . In order to determine what part of the subsidy would be assigned to the "unaffordable" portion, three processes would be undertaken: determine true market rents to establish a project's revenue generating capability; establish province-wide and local benchmark.~~ for all operating costs; using the benchmarks, define what expenses are related to taxes, utilities, capital reserves and manageable costs in order to determine how much of the mortgage can be viewed as "affordable" debt and financed from the revenue generated by the project. The remainder of the mortgage would comprise the "unaffordable" portion of the debt. The provider and municipality would negotiate and sign two agreements: the Rent ~upplement Agreement, which would provide payments to supplement the rents/housing charges of those tenants/members who qualified for RGI;and the .' Repayable Operating Loan Agreement, which would .establish the amount of the' "unaffordable" debt, and require the provider to repay this debt to the municipality without interest over time. In recognition of the "say for pay" principle, municipalities, in consultation with the province and providers, would have the primary role in, and responsibility for, administration of social housing. They would negotiate and sign the agreements, ensure that a coordinated, fair and equitable system for tenants/members to access housing is in place (Coordinated Access System), be responsible for paying the subsidies, etc, The recommendations allow for a system in which municipalities would, in essence, contract for social housing with various providers, Only if providers were in difficulty or in breach of their agreements would the municipality become involved in hands-on review and management of provider activities, Providers would be required to submit an annual, audited report to municipalities which demonstrated their compliance with the terms and conditions set out in the agreements, Providers would be responsible for managing their units in a business like way, their own governance, the relationship with their tenants/members, tenant/member _ acceptance/placement, rent/housing charges caLculation, etc, - - 4 45 ~ .. :tI-s-. .. Advisory Council on Social Housing Reform .... .. The province would have a small, ongoing role related to: setting standards in defined areas of provincial interest which they would monitor and enforce; transferring federal monies to municipalities; and, if an agreement is reached with the federal government for devolution of the federal program to the province, monitoring and reporting on federal principles as per requirements in the agreement with the federal government. .. .... An Ontario-wide body would be established to be responsible for a variety of tasks which would be better dealt with at the province-wide level, such as tendering mortgage renewals, collecting and distributing information about benchmarking and best practices, developing "and administering an accreditation system for provider groups, etc. The board of this body would have an absolute majority of municipal members, and include significant representation from providers and the province. It would meet from time to time, and would have a small permanent secretariat to run it. Additional staff could be required to run specific activities, or these could be contracted out. .. .. ... To harmonize the current social housing programs and try to reduce them from the current eight to one program (see Appendix E for a list of the eight programs), the. Ontario Housing Corporation (OHC) would be ended in its present form, and municipalities would choose the most effective way to manage former OHC units in their jurisdiction. OHC would be integrated into the funding model by establishing a market rent, with the resulting Rent Supplement and Repayable Operating Loan (if required) Agreements being signed with municipalities. Initially, ownership of OHC would stay with the province. .." . .~. . ... .. .. A working group would be set up to do further work on several of the recommendations. ..- While supportive housing is not part of our mandate and therefore the Council neither made recommendations on it nor discussed it in depth, security of tenure is. Many deputants spoke to this issue and we urge the Minister to ensure that restructuring of the anon-housing support" for special needs housing be done in such a fashion as to ensure that the security of tenure for the existing tenants/members and the security of mandate for existing providers is protected. - .. .. All social housing relies on volunteers, and the Council acknowledges the valuable contribution these volunteers make to the social housing system. In making these recommendations for reform, the Council wishes to create a program which continues t: ~ncourage and welcome the contribution of community organizations and volunteers, and in which these organizations and volunteers can continue to feel they are a valued part. .. .. .. 5 46 "'" - ~ .. ~~: - Advisory Council on Social Housing Reform - - In addition, the Council recognizes the valuable contribution which organizations representing the social housing sector, such as the Ontario Non-Profit Housing Association (ONPHA) and the Cooperative Housing Federation - Ontario Region (CHF- OR), make to the administratIon of the program through such initiatives as: education and training for Board members and staff; bulk purchasing of such items as appliances and insurance; developing and communicating best practices in management to their members. - - - - .. - - - - - ... - - - - 6 47 ~ .. Advisory Council on Social Housing Reform 3. PRINCIPLES The Council used the following principles to guide its deliberations: Financial Integrity "say for pay" provider viability streamlined, business-based accountability structures fitting the real world (devolution, municipal concerns, etc.) efficiency opportunities 1. Partnership local autonomy for municipalities provider autonomy municipal flexibility respect for provider governance structures integrity bf provider mission to serve low income households o. respect for-federal and provincial principles and standards 2. 3. Program Harmonization and Simplification Security of Tenure security of tenure for current tenants/members security of supply of affordable housing units 4. 7 48 J.!.- .. ... .. .. .... ... .. 1II(fI .. .. ... .... ... - ... - .. .. ,L 10. .~s. - Advisory Council on Social Housing Reform - - 4. RECOMMENDATIONS - A. A NEW FUNDING MODEL - IT IS RECOMMENDED THAT: - 1. THE SUBSIDY FOR SOCIAL HOUSING BE SEPARA TED INTO A "SUPPL Y" OR "BRIDGE" SUBSIDY AND AN RGI SUBSIDY. - Social housing (except the existing Rent Supplement Program) is currently funded by the federal and/or provincial government paying the difference between total costs, such as mortgages, operating costs, taxes, etc. and revenues, derived mostly from rentslhousing charges. Most post-1985 Non- Profits and Co-ops are mortgaged for more than their current market value as rental properties. Thus, the total subsidy can be seen as being made up of two components: - - - the Rent Supplement subsidy (currently called the "RGI subsidy"), which makes up the shortfall between rents/housing charges actually paid by social housing tenants/members and the rentlhousing charges that could be set if the units were rented at market rent rates; - - the Repayable Operating Loan subsidy (currently called the "operating" or "bridge" subsidy) which is equal to the difference between the market rents and the rents/housing charges which would have to be charged to recover the full costs of the project. This Repayable Operating Loan subsidy comprises the unaffordable portion of the debt which cannot be paid out of the revenue generated by the provider. - - Appendix F - Chart 1 provides a visual representation of this separation. - The Council is recommending that the subsidy be separated into its two component parts in order to: Increase the potential for rationalizing delivery of the "income support" functions of the Rent Supplement subsidy with other social and community health service delivery responsibilities of municipal government; increase accountability of the providers to function cost-effectively and in a business like manner; - - - 8 49 - ~ .. . .JJ ~ ,., Advisory Council on Social Housing Reform .. .. provide maximum flexibility to reform both parts of the subsidy; meet providers need for increased predictability about future costs; pennit a simplified and clear accountability relationship between the municipality and the provider based on the concept of purchase of service contracts in the:form of Rent Supplement agreements. .. ... As part of the process of separating the subsidy, current Operating Agreements between the province and Non-Profit and Co-op providers would be replaced with two new agreements between the municipalities and providers: a Rent Supplement Agreement (the "RGI" 'subsidy) and a Repayable Operating Loan Agreement (the "supply" or "bridge" subsidy). ... ... 2. THE "RGI" SUBSIDY BE REPLACED WITH A RENT SUPPLEMENT . AGREEMENT. .... The RGI subsidy would be converted to a Rent Supplement-type Agreement. Municipalities would negotiate and sign .an agreement with the non-profit and c0- op providers in their jurisdictions to proVide. payments to supplement the", rentslhousing charges of those tenants/members who qualitY for RGI. This' would be provided for a specified number of units according to each provider's targeting plan or the current levels that have been agreed to by the provider and the ministry. liliiii fIIIIII .. The term of the Rent Supplement Agreement would equal the remaining amortization period of the mortgage of the provider. There would be a mechanism within the Rent Supplement Agreement requiring it to be reviewed and automatically renewed after 10 years, and every five years after that provided t.hat: the security of tenants/members would be ensured throughout the agreement and beyond according to provisions set out in the proposed Tenant Protection Act and Cooperative Corporations Act. The practice in current Rent Supplement Agreements would be continued, Le. even if the Rent Supplement Agreement is terminated, sitting tenants/members would continue to live in their units until they move out or comparable alternate accommodation can be found for them in the case of the demolition of a building or renovation so extensive as to require the units to be vacated; . the continuation of the mandate of the provider would be assured, subject to the tenns and conditions of the agreement being met. fIIIIII .. ... - .. .. ... 9 50 iii .. ~ . . :IS". - Advisory Council on Social Housing Reform - - At any time during the agreement, the agreement could be amended with the mutual consent of both parties. 3. THE PRESENT REQUIREMENT FOR ENDING PROVIDER REPA YMENT OBUGA TlONS AFTER 35 YEARS BE TERMINA TED. - - Under some of the current Operating Agreements with ~on-profits and co-ops, providers are required to repay the "supply" subsidy until year 35, when the obligation is terminated. This recommendation would require the repayment to continue until it is paid off, no matter how long it takes. Many providers would be able to complete repayment before year 35, but some would not. - - Municipalities and providers should be aware that government (municipal and federal) obligations to provide subsidy ends in year 35 when the mortgage is discharged. At this time, most providers, as a result of the early repayment of their Repayable Operating Loan Agreement and the end of their mortgage payments,. could have the cash-flow roo~ to subsidize some or all o~ their RGI .. tenants/members from their own resources. However, some providers would not. In these cases, municipalities and providers could negotiate ways of continuing to meet the social housing objectives of the provider. - - - At year 3D, the 5 year review and renewal of the Rent Supplement Agreement should incorporate a projection of the status of the provider at year 35 and the provider develop a business plan jointly with the municipalities regarding what actions would need to be taken to ensure the financial viability of the project.and security of tenure for the RGI tenants/members beyond year 35. - - A concern was expressed about this recommendation as follows. - Notwithstanding that the Council supports restructuring the Bridge Subsidy, some providers may likely oppose this change. Their view, is that providers should have a choice between the existing agreement, which they signed in good faith. and any new arrangement that may be proposed by the Government. - - This, along with recommendation 4, represents a fundamental change to the structure of the long term financial plan upon which the projects were originally based at the end of the current mortgage term. Rather than having a debt free asset, the provider may be left with a capital loan with no guarantee of continued subsidies to service that debt Some providers may choose to seek legal remedies to enforce the validity of the existing. operating agreements. - - - 10 51 ~ .. Advisory Council on Social Housing Reform 4. THE "SUPPL Y" OR "BRIDGE" SUBSIDY BE REPLACED WITH AN . INTEREST-FREE REPA YABLE OPERA TING LOAN WHICH WOULD COMMENCE ACCRUING EFFECTIVE JANUARY 1, 1998. Providers would be required by the agreement to repay the loan after the affordable portion of the debt has been retired. Municipalities would pay the costs of the unaffordable portion of the debt up to the point at which the mortgage is retired. It is recommended that this loan be secured in some manner. A concern was expressed about this recommendation. See recommendation 3. 5. AN INCENTIVE BE DEVELOPED TO ENCOURAGE EARLY REPA YMENT OF THE REPAYABLE OPERATING LOAN TO THE MUNICIPAUTY. o.ver time, it is expected that market rents would rise in response to changes in market.conditions, thus increasing revenue. Over~ime, this would give providers. excess revenue provided costs do not increase at the same rate. The CounCii. . proposes that the Funding Model include an appropriate mix of penalties and incentives which would be devised to encourage early repayment of the Repayable Operating Loan to the municipality, bearing in mind reasonable capital and operating reserve requirements for the provider. This would benefit municipalities by reducing their debt payment costs. The early repayment would also reduce repayment after year 35. 6. THE REPAYABLE OPERATING LOAN SUBSIDY BE DETERMINED USING BENCHMARKS FOR EXPENSES AND MARKET RENTS FOR REVENUE. In order to determine what part of the subsidy should be assigned to the Repayable Operating Loan Agreement, three processes are required. Determine true market rents: the setting of market rents is a major factor in defining the amount of revenue that can be generated by the project. This total revenue will determine what part of the expenses related to the project are "affordable", that is, what part the provider can be expected to pay by managing the project in a cost-effective and business like way. 11 52 ~!. ", ... .. "'" .. .. .. - ., .. .... .. - .. - .. .. .. III ~. .#,~ .. Advisory Council on Social Housing Reform - - - Establish province-wide and local benchmarks for all operating costs: operating costs would be based on benchmarked norms and standards. In establishing the benchmarks, allowances would be made for differences associated with the costs of social housing and different portfolios, e.g.. urban versus rural providers, providers in northern Ontario, inner city providers, small versus large providers, providers housing special needs tenants/members, etc. On the whole, it would be expected that benchmarking would result in operating cost savings, although the Council has no ability to estimate what these savings would be. ... - - Determine operating costs: using the benchmarks, define what expenses are related to taxes and utilities, capital reserves and manageable costs, and therefore how much of the mortgage can be financed through the revenue stream, and how much is viewed as part of the "unaffordable debt" and financed through the Repayable Operating Loan Agreement. '- - - See Appendix F., Chart 2 for a graphiC repres~ntation ofthis aspect of the recommended Funding Model. . . - The initial determination of market rents and benchmarking of operating costs would determine the amount of the Repayable Operating Loan. 7. ONGOING BENCHMARKING BE DONE AS A MANAGEMENT TOOL. - ... In Mure, market rents would be allowed to increase (or decrease) as the market changes (and subject to the relevant provisions of the proposed Tenant Protection Act). Likewise, a 4 - 5 year review would allow for adjustments to the benchmarks to reflect changes in taxes, utilities, wages, etc. These changes would not lead to a need to renegotiate the Repayable Operating Loan Agreement - the Agreement would remain intact. - - Regular province-wide and local benchmark performance data would be available to providers to be used as a management tool to ensure cost-effective and business like management. This data would allow providers to evaluate their ability for early repayment of the repayable operating loan to the municipality (see recommendation #5). - - - 12 53 - ,1:' Advisory Council on Social Housing Reform 8. ALL PROVIDERS BE REQUIRED TO INCLUDE ADEQUA TE PROVISION FOR CAPITAL RESERVES IN THEIR OPERA TING BASE. As part of the process of benchmarking operating costs, adequate provision for capital reserves should be made to ensure that these reserves will be in place to cover major capital repairs required in future years as building~ age. The Council also recommends that strict criteria be put in place to ensure that the capital reserve fund is not being spent improperly, and agreements should include requirements for a replacement reserve/technical audit. 9. THE PROVINCE OF ONTARIO RETAIN RESPONSIBIUTY FOR THE CONTINGENTLMBIUTY. IN THE CASE WHERE THE PROVINCE HAS HAD TO MAKE PA YMENT PURSUANT TO A MORTGAGE DEFAULT, THE MUNICIPAUTY CONTINUE TO PA Y THE PRINCIPAL AND INTEREST ON THE DEFAULTED LOAN TO THE PROVINCE TO MAINTAIN EXPENDITURE NEUTRALITY.. The intent of this recommendation is that the remaining part of the defaulted loan be managed in such a way that the municipality should neither lose nor gain as a result of the default. The contingent liability is the total value of outstanding mortgages for which the . province is responsible. The federal government, through the Canada Mortgage and Housing Corporation's (CMHC) Mortgage Insurance Fund, guarantees the mortgages, and the province indemnifies CMHC. As a result, if a project were to default, the province would have to pay the lender the outstanding mortgage. Because the project value in most post 1985 non-profits and co-ops is less than the mortgage, the province would not be able to offset the cost of covering the mortgage by selling the asset. Currently, there are approximately $9 billion in outstanding mortgages and the projects' value is estimated as approximately $4 billion CMHC is responsible for approximately $1.6 billion of the outstanding mortgages. Because of the size of the contingent liability, and because the province will continue to be the party that indemnifies CMHC, the Council recommends that the province retain responsibility for it. The Council understands that the typical wav of dealing with a project in default is to assign it to another provider to run, an6 therefore the mortgage default is not activated as the new provider picks up the existing mortgage payment 13 54 . ~S- .. ... ... iii ... ... ... ... ... .", - ., ... ... ... .. ... .. ... ,L ~ ... Advisory Council on Social Housing Reform ~5~ .- - - requirements. However, if there is a case where it is determined by the municipality and the province that the appropriate course of action is to default on the mortgage, the province would assume the mortgage and sell the project. If the revenue generated to the province is less than the debt, the remaining liability falls to the prqyince. In this case, the Council recommends that the municipality continue to pay to the province the principal and interest on the part of the Defaulted Loan remaining to offset the cost of the default. In this situation, the municipality would not have any additional expense as a result of the sale either in the sold project, or another. Fiscal room was allowed for this expense in. the Who Does What 0fVDW) financial realignment. . - - - The municipality would retain responsibility for rent-supplement subsidies equal to the number of units at the same benefit levels. .. - - - - ... - - - - - 14 55 - ~ ~ .I, . .. Advisory Council on Social Housing Reform .. ... B. REDEFINED ROLES AND RELA TIONSHIPS .. IT IS RECOMMENDED THAT: 10. THE PROVINCE LEGISLATE PROVINCIAL STANDARDS FOR THE SOCIAL HOUSING PROGRAM LIMITED TO THE FOLLOWING AREAS: MAINTAINING LEVELS OF SERVICE WITH RESPECT TO THE CURRENT NUMBER OF RGI UNITS UNDER SUBSIDY AND THE RANGE OF INCOME GROUPS SERVED WITH MAXIMUM MUNICIPAL FLEXIBILITY IN DETERMINING HOW TO MEET HOUSING NEEDS; ENSURING CONSISTENCY AND FAIRNESS IN PROGRAM RULES RELA TED ONLY TO ACCESS POUC/ES, ELIGIBIUTY AND BENEFIT LEVELS; COMPL Y1NG WITH FEDERAL PRINCIPLES; MANAGING THE CONTINGENT UABIUTY. ... .. ... .... filii The Council recognizes firSt and' foremost the major role being given to the municipalities in assuming primary responsibility for social housing in Ontario. As such, legislation enacted to achieve. this new approach to social housing should clearly establish the primacy of municipal government once provincial interests are defined. I11/III .. The Council recognizes that the province has an ongoing involvement in social housing beyond its legislative role only to the extent that it would retain responsibility for the approximately $7.3 billion provincial share of the contingent liability, only approximately $4J>iIIion ofwhiGh could be recouped from the sale of the assets. .. ... In addition, the Council understands that the province anticipates that there will be an agreement in place between the federal and provincial governments which would spell out federal principles and accountability standards for the administration of both the federal unilateral units, and the federal-provincial units. The Council also understands that, in the agreement, it is contemplated that the province, and therefore the municipalities, would assume responsibility to administer existing federal agreements with providers. ... .... ... As a result of this ongoing involvement, the Council recognizes the right of the province to set standards for management of the contingent liability and for compliance with federal requirements. Because of the historical investment of ... .. 15 56 .. .. ~ 10. ~5". - Advisory Council on Social Housing Reform .. - public funds in the social housing asset, the Council recognizes the right of the province to require that the existing level of service, as defined by the number of RGI units currently under subsidy and the range of income groups served, be retained by municipalities. In addition, because of the need to establish and maintain a province..,wide standard for RGllevel and qualification for RGI assistance, the Council recognizes the province's interest in ensuring that municipal policies set in the areas of access, eligibility and benefit levels meet defined Provincial standards. The Council recognizes that, from time to time, it may be appropriate to adjust the RGI benefit level on a province-wide basis. .. .. - - 11. THE MUNICIPALITY BE RESPONSIBLE FOR: DETERMINING THE MOST APPROPRIATE MEANS OF ADMINISTERING ITS RESPONSIBILITIES FOR THE SOCIAL HOUSING PROGRAM IN CONCERT WITH PROVIDERS AND IN COMPLIANCE WITH FEDERAL AND PROVINCIAL INTERESTS AND LEGISLA TION; NEGOTIA TING AND SIGNING RENT SUPPLEMENT CONTRACTS; _ PA YING THE RENT SUPPLEMENT'S"UBSIDYTO THE PROVIDERS; NEGOTIA TING AND SIGNING THE REPA YABLE OPERA TING LOAN AGREEMENT WITH THE PROVIDER; DEALING WITH THE PA YMENT OF THE "UNAFFORDABLE" PORTION OF THE DEBT TO THE LENDER; MONITORING AND REPORTING TO THE PROVINCE ON COMPLIANCE' WITH FEDERAL AND PROVINCIAL STANDARDS; RECEIVING FEDERAL MONIES VIA THE PROVINCE AND DISTRIBUTING IT TO PROVIDERS. THE MUNICIPALITY BE RESPONSIBLE FOR "DETERMINING THE MOST EFFECTIVE WA Y TO: MANAGE RENT SUPPLEMENT CONTRACTS INCLUDING INCOME DETERMINA TION FOR HOUSING PURPOSES AND THE ONGOING VERIFICA TION OF INCOME; ENSURE THAT A COORDINATED ACCESS PROCESS IS IN PLACE, WHERE APPROPRIA TE, USING THE PROCESSES WHICH ALREADY EXIST IN VARIOUS MUNICIPALITIES; MAINTAIN DESIRED OUTCOMES THROUGH PEER BASED ACCREDITATION AND PERFORMANCE STANDARDS SYSTEMS; PARTICIPA TE IN DEFAULT MANAGEMENT; PART/CIPA TE IN THE BENCHMARKING PROCESS WHICH ESTABLISHES THE REPAYABLE OPERATING LOAN AMOUNT FOR - ... - - - .. .. - - - - 16 57 ,L .. oJ,.., Advisory Council on Social Housing Reform .... .... EACH PROJECT; ESTABLISH AND PARTICIPATE IN THE ONTARIO-WIDE BODY. .. In recognition of the "say for pay" principle, the Council recommends that municipalities have f!laximum flexibility in determining the most effective way to administer their responsibilities for the social housing system in their local are ~ within the requirements ultimately set down in legislatio,:\ and the contracts. ... ... Two of the principles that guided the Council in making these recommendations for reform are simplicity and autonomy. It is in no one's interest to create an oversight system at the municipal level that is seen by the providers as being intrusive and bureaucratic. Such a system would be expensive for municipalities to maintain and would not be in keeping with the principle of autonomy for providers to manage on a business like basis. However, the Council recognizes the need for municipalities to put in place appropriate administrative systems to ensure that taxpayer's money is being spent appropriately within each . municipality's general administrative framework. The Council endorses the principle that municipai oversight processes should' be based on monitoring and measuring outcomes set out in contracts, not prescribing how to do everything to a great level of detail. The system should focus on the municipality having the information available to assure it that performance standards are being met and the right to take measures to ensure that agreements are complied with.. This right would be established in both legislation and in the new agreements. III ... .... ... - .... The recommendation that municipalities be responsible for determining the most effective way to ensure that Coordinated Access systems are in place is made with the strong suggestion that municipalities utilize existing Coordinated Access systems where they are functioning successfully. ... wi The Council recognizes.that many providers may wish to retain responsibility for income testing and verification. The Council has recommended that the municipality be responsible for determining the most effective way to perform these functions because: it is likely to create administrative cost savings; it increases the potential for municipalities to rationalize delivery of the "income support" functions of social housing with other social and community health service delivery at the local level. .. "'" "'" - 17 58 lIIlII .. ~ .. '11 ,'.' .. Advisory Council on Social Housing Reform .. - The Council does recognize that there are many options open to municipalities, one of which may be to establish a role for providers in these two areas, but stresses that the final decision on these areas must be the municipality's. Income determination and verification systems need to take into consideration client service, impact~n providers' ability to make timely adjustments to rents/housing charges as well as cost to govemment. ... ... The Council recognizes that the Co-op sector has specific views in relation to this recommendation which are set out in Appendix G. - See recommendation #15 for information on the Ontario-wide body. .. 12. MUNICIPAUT/ES HA VE LOCAL FLEXIBIUTY TO CHOOSE WHA T ADMINISTRA TION SYSTEM THEY SET UP FOR SOCIAL HOUSING. THIS COULD INCLUDE, BUT NOT BE LIMITED TO: A MUNICIPAL DEP~RTMENT REPORTING TO COUNCIL; AN ARMS-LENGTH, SPECIAL-PURPOSE BODY SUCH AS A BOARD; CONTRACTING WITH A THIRD PARTY. ... - - In keeping with the Council's general principle of flexibility at the municipal level, the Council recommends that municipalities determine what the best governance structure for administering social housing at their local level should be. .. In many cases, the municipality is the provider for some social housing, which it delivers through a Municipal Non-Profit Corporation (MNP). The Council recommends that where there is a MNP in place, the municipality consider developing a structural separation between ttre MNP and whatever system the municipality chooses to put in place to administer all of the social housing within its jurisdiction. There could potentially be a conflict of interest arising from the duties and responsibilities of the Municipal Council in overseeing the activities of the MNPs. ... .... - - - - - 18 59 L L '5"'- Advisory Council on Social Housing Reform ... ... 13. PROVIDERS BE RESPONSIBLE FOR: THEIR OWN GOVERNANCE; MANAGING ON A BUSINESS BASIS; RELA T10NSHIP WITH TENANTS/MEMBERS; TENANTAWEMBERACCEPTANC&PLACEMENT; RENT/HOUSiNG CHARGES CALCULATION; BUILDING MANAGEMENT; NEGOTIA TING AND SIGNING THE RENT SUPPLEMENT AGREEMENT AND REPAYABLE OPERATING LOAN AGREEMENT WITH THE MUNICIPAUTY; PA YlNG THE AFFORDABLE PORTION OF THE MORTGAGE TO THE LENDER; REPA YMENT OF THE REPA YABLE OPERATING LOAN TO THE MUNICIPAUTY; PARTICIPA TING IN THE LOCAL COORDINA TED ACCESS SYSTEM; MEETING REPORTING REQUIREMENTS AS PER THE RENT SUPPLEMENT AGREEMENT AND THE REPAYABLE OPERATING LOAN AGREEMENT; ....... PARTICIPATING IN THE ONTARIO-WIDE BODY; MAINTAINING PEER BASED ACCREDITATION STATUS; OTHER MA TTERS RELA TED TO AGREEMENTS AND LEGISLA TION. ... .. .. .. .. .. .. ... Providers have asked the Council to reform the system so that they can manage their buildings in a cost-effective and. business like way and with a maximum of certainty and autonomy. The separation of the subsidy into the Rent Supplement Agreement and the Repayable Operating Loan Agreement provides that opportunity. It focuses providers on managing projects within established revenue and "affordable" expenditure levels which have been defined by the market with an accountability framework based on measurable outcomes. .. .." ... In a reformed system, providers would have more responsibility, including year- to-year budgeting within local market conditions and determining the most appropriate management approach for their projects. Through the peer based accreditation process, providers would have the benefit of information and guidance on best practices, access to education of Board and staff to strengthen good governance and opportunities for savings through group purchasing programs. Providers in some communities might find additional cost-savings opportunities in collaboration with their municipalities. - ... .. .. 19 60 ... L .. ~~. .. Advisory Council on Social Housing Reform - - - The Council envisions that in the future, the typical access and rental process would work as follows: potential tenants/members would access the Coordinated Access system in their municipality, and, once their eligibility for RGI has been determined, place their names on the waiting lists for projects that met their needs (e.g. geograp'hy, seniors building, etc.). Their income would be determined for the purposes of RGI according to the rules set out for the program in provincial legislation. Providers would maintain their waiting lists, and when a unit became available, they would contact the person on the top of the waiting list. This person would come to the project, go through the provider's acceptance/placement process, and if the acceptance/placement is acceptable, would be placed in the unit. The provider would take the tenants'/members' income as determined for the purposes of RGI and calculate the renUhousing charge, taking into account any special renUhousing charge calculations that need to be made for this particular project and unit, such as utilities. The Council is anxious that the Coordinated Access process continue to ensure equal access to all. .. .. - - .. - 14. Af'I ONTARIO-WIDE BOOY BE ESTABLISHED TO BE RESPONSIBLE FOR:':~ POOUNG FOR TENDERING MORTGAGE RENEWALSj . MANAGING DEFAUL TSj COLLECTING AND DISTRIBUTING INFORMA TION, SUCH AS BENCHMARKING AND BEST PRACTICES INFORMATION, FOR MUNICIPALITIES AND THE PROVINCE OF ONTARIOj DEVELOPING, IN .CLOSE CONSUL TA TION WITH PROVIDERS, A PEER BASED ACCREDITA TION SYSTEM FOR PROVIDER GROUPSj MAKING RECOMMENDATIONS TO THE PROVINCE CONCERNING ._ CHANGES TO PROVINCIAL STANDARDS, INCLUDING THE MOST APPROPRIA TE RGI BENEFIT LEVEL; REVIEWING AND REVISING PERFORMANCE BENCHMARKS ON A 4 TO 5 YEAR CYCLE AND PROVIDING UP- TO-DA TE BENCHMARK DA TA ON A REGULAR BASIS TO MUNICIPAUTlES AND PROVIDERSj CONSIDERING THE DEVELOPMENT OF A CERTIFICATION PROGRAM FOR SOCIAL HOUSING PROPERTY MANAGERS; DEVELOPING AND IMPLEMENTING ASTRA TEGY TO IMPROVE THE SKILLS OF BOARD MEMBERS AND STAFF; DEVELOPING AND IMPLEMENTING A MODEL AUDIT FORMA T AND CRITERIA CONSISTENT WITH REQUIREMENTS SET OUT IN THE AGREEMENTS. - - - - - - - - 20 61 - ~ ~ :#~. III Advisory Council on Social Housing Reform ... THE ONTARIO-WIDE BODY CONSIDER THE USE OF CONTRACTED SERVICES TO ADMINISTER SOME OR ALL OF ITS RESPONSIBILITIES. ... ... Representatives of municipalities and providers told the Council that certain functions should be coordinated at an Ontario-wide level to achieve maximum cost efficiencies, to create and maintain province-wide standards for performance, and to create fairness for tenants/members. ... All partners - municipalities, the province and the providers - have an interest in effective management of social housing. Municipalities, in particular, need assurances that mechanisms are in place to promote best practices and to provide early detection of potential problems. The Ontario-wide body should set the desired outcomes. .. .. In particular, the Council is recommending that the current practice of pooling for tendering mortgage renewals be continued, and be done by a small central group which is staffed by experts and which takes advantage of economies of scale to achieve the best mortgage renewal rates. There would be I.imited . nee~. . for this function if and when long-term mortga"ges were negotiated to replace the current 3 to 5 year terms. .. .. .. The Council also felt default management should be handled by a small group with special expertise as part of the Ontario-wide body. This expertise would be made available to many municipalities that otherwise would not have staff with experience in this area. .. filii The Council beli~yes that an Ontario-wide presence would be needed to speak with one voice in providing advice to the province on the review and revision of provincial standards, to develop and provide an occasional review of the province-wide standards for accreditation, and to review operating benchmarks on a 4 to 5 year cycle and provide provincial and local performance data on a regular basis. .. .. The Council identified two areas in which the Ontario-wide body should consider developing programs which would assist in the reduction of costs associated with property management - a certification program for social housing property managers and strategies to improve the skills of Board members and staff. .. .. .. 21 62 tlIIi .. ~ .. :11.,.. . - Advisory Council on Social Housing Reform - ... - In addition, both municipalities and providers told the Council that costs of property management could be reduced if the reporting and oversight requirements between providers and municipalities were made less onerous than those which currently exist between providers and the province. To this end, the Council is recommending that the Ontario-wide body develop and implement a model audit format and criteria consistent with contractual requirements which streamlines current reporting requirements and can be used province-wide, thus reducing administrative costs to those providers who operate in more than one municipality. - - - In making this recommendation, the intention of the Council is not to create another bureaucracy to replace the province, nor is it to create a body that is in any way under the control of the province. - - The vision of the Ontario-wide body is of a Board which meets from time to time, supported by a small permanent secretariat. Additional staff might be employed to perform specific functions, such as the mortgage or default management functions or the occasional review of benchmarks a~daccreditatipnlpe_rfonnance measures, or these functions could be contracted out. . ... ... The Council discussed a number of options for an accreditation system, including peer accreditation, performance measurement system, and an audit based system. The Council envisages performance requirements being inserted in agreements and being certified as being complied with by the providers' auditors along with a peer based accreditation system being established by the Ontario-wide body. Any system put in place should include components related to Conflict of Interest. - ... ... 15. THE MAJORITY OF REPRESENT A riVES ON THE ONTARIO-WIDE BODY BE MUNICIPAL REPRESENTATIVES, Bur ALSO INCLUDE REPRESENTATIVES OFPROWDERSANDTHEPROWNCE - In keeping with the "say for pay" principle, the Council is recommending that the absolute majority of the board of the Ontario-wide body be municipal representatives chosen and appointed by municipal governments across Ontario. Membership should also include significant representation by providers, chosen and appointed by the providers, and the province. - - - 22 63 - ,L. Advisory Council on Social Housing Reform 16. THE PROVINCE OF ONTARIO BE RESPONSIBLE FOR: LEGISLA TING PROVINCIAL STANDARDS IN THE AREAS PREVIOUSL Y DEFINED; TRANSFERRING FEDERAL HOUSING MONIES TO MUNICIPALITIES; ASSUMING At! AGREEMENT WITH THE FEDERAL GOVERNMENT, MONITORING COMPLIANCE WITH FEDERAL PRINCIPLES AND REPORTING TO CMHC ON THEM; MONITORING COMPliANCE WITH PROVINCIAL STANDARDS; DEVELOPING "MODEL" RENT SUPPLEMENT AND REPAYABLE OPERATING LOAN AGREEMENTS PRIOR TO DEVOLUTION IN CLOSE CONSULTATION WITH PROVIDERS AND THE MUNICIPALITY; ASSUMING THE PROVINCIAL SHARE OF THE CONTINGENT UABlliTY FOR MORTGAGE GUARANTEES; PARTlCIPA TING IN THE ONTARIO-WIDE BODY&. The Council recognizes that there should be an ongoing, small role for the province in social housing., primarily r~lated to fesponsibi!ity for legislating ~nd . monitoring provinc:ial standards, transferring federal moni.es to the municipalities, and, assuming an agreement with the federal government on'devolution of the federal program, monitoring compliance of municipalities to federal principles. In addition, prior to devolution of administrative responsibility to the municipalities, the province should develop model Rent Supplement and Repayable Operating Loan Agreements on a provider by provider basis which can be used by municipalities to sign initial agreements with providers. This would provide consistency across the province in the agreements which providers sign, which would also help meet the goal of making the system simpler. The intent of the model would be to provide a menu to facilitate the discussions between providers' and the municipality. 23 64 II- of. ... ... .. ItIIIIJ ... .. . ... .. "'" "'" ... ... ... ItIIIIJ .. "'" .. .. IIlIlI ~ . ~5: . - Advisory Council on Social Housing Reform .- - c. PROGRAM HARMONIZA TION - OHC - IT IS RECOMMENDED THA T: - - 17. ONTARIO HOUSING CORPORA TION (OHC) AND THE LOCAL HOUSING AUTHORITIES (LHAs) BE WOUND UP IN THEIR PRESENT FORM, AND MUNICIPALITIES CHOOSE THE MOST EFFECTIVE APPROACH TO DELIVERING PUBLIC HOUSING (OHC) IN THEIR COMMUNITY. OPTIONS COULD INCLUDE, BUT NOT BE LIMITED TO: CONVERTING LOCAL HOUSING AUTHORITIES TO NON-PROFIT CORPORATIONS AND RETAIN THEM AS DELIVERY AGENTS FOR PUBLIC HOUSING; REQUESTING THAT PRIVA TE OR MUNICIPAL NON-PROFITS OR CO- OPS ASSUME RESPONSIBILITY FOR PUBLIC HOUSING. - - - - DURING THE PROCESS OF WINDING UP OHC AN,D THE LHAs, THE LHAs BE INCLUDED AS PARTICIPANTS IN THE DEVELOPMENT AND . .. . IMPLEMENTATION OF PROGRAM REFORMS - Currently, OHC housing, which accounts for about one third of the social housing units in the province, is owned by the Ontario Housing Corporation, a Schedule 1 agency, and managed by 54 Local Housing Authorities, Schedule 3 agencies. In keeping with the principles of "say for pay" and local flexibility, the Council is recommending that OHC be wound up, and that municipalities choose the most effective approach to managing the OHC stock within their local communities, including the feasibility of retainin.g the LHA in a new reporting relationship. - .. - The Council has a concern that the interests of the tenants of public housing and the staff working in the Local Housing Authorities not be lost in the change of governance in OHC. It is suggested that, as part of the process of deciding the most effective means of managing former OHC units in their local area, municipalities consult with tenants, board members and staff. - - - - 24 65 - ~ ... J!'. .. Advisory Council on Social Housing Reform ... *~ WIiJ 18. MARKET RENTS BE ESTABLISHED FOR FORMER OHC UNITS AND THE RESUL TING RGI SUBSIDY BE CALCULA TED IN THE SAME WA Y AS FOR NON-PROFIT AND CO-OP HOUSING. ANY SURPLUS RESULTING FROM MARKET RENTS BEING GREA TER THAN OPERA TING SUBSIDIES IN FORMER OHC UNIT$ BE RETURNED TO THE MUNICIPALITY. .. .. The Council believes that the previous recommendations concerning the funding model should also apply to OHC units to achieve harmonization of programs and program administration. This would be expected to produce cost-savings for. municipalities to administer the social housing program. ... ... At the present time, OHC operating subsidies are the difference between operating costs and the revenue from RGI rents. OHC units do not have market rents. .. The introduction of the recommended funding model with a Rent Supplement su~sidy and a Repaya~le Operating Loan subsidy requires that market rents be . established for aU OHC units so that the sub~idy .can. be separated. . The tenure and rent subsidy of sitting OHC tenants would not be affected by the establishment of market rents. - WIiJ Market rents in most OHC units would exceed the project operating costs, or full cost recovery rents, due to the age of the stock, size of the debt and operating efficiencies. Since the Rent Supplement subsidy is based on the difference between RGI rents and the market rents, the Rent Supplement subsidy paid by the municipality would be greater than the subsidy required, Le. the current subsidy. ... "'" "'" This would generate a surplus for the providers managing former OHC units, but would cost the municipality more in RGI subsidy than the WOW financial realignment accounted for. To make sure the municipality is not taking on additional costs as a result of this, the Council is recommending that the surplus generated for the provider be returned to the municipality to offset the increased RGI subsidy costs, thus making it cost neutral for the municipality and revenue neutral for the provider. ... .. .. Appendix F - Chart 3 illustrates this. "'" .. 25 66 .. .It .. :/I ,> .. Advisory Council on Social Housing Reform - - 19. INITIALL Y,OWNERSHIP OF OHC UNITS SHOULD STA Y WITH THE .. PROVINCE. HOWEVER, THE PROVINCE AND MUNICIPALITIES SHOULD JOINTL Y DETERMINE THE FUTURE OWNERSHIP STRUCTURE AND THIS NEW STRUCTURE SHOULD RECOGNIZE THE PROVINCIAL ROLE IN _ FUNDING THESE ASSETS TO DA TE, THE MUNICIPAL ROLE IN FUNDING THESE ASSETS IN THE PAST AND IN THE FUTURE, AND THEIR COMMON INTEREST IN THE ASSETS. - - OHC is owned by the province. All of the portfolio is cost-shared with the federal government. Any ~hange of ownership would have to take place within the terms of current and proposed future agreements with CMHC. Unlike the post 1985 non-profit and co-op units, OHC's imputed market value is in excess of its mortgages. Currently, there are approximately $1 billion in mortgages on OHC, and the imputed market value is between $3 and $5 billion - - In recognition of the common interest in both the province and municipalities in potentially using the value of the OHC prqperties.. which have appreciated over . time, the Council recommends that further c()nsid~ration be given to a . mechanism which would prevent either party from realizing this value without the . approval of the other. - - - - - - - - - 26 67 - ~ .. ,#'~ . .. Advisory Council on Social Housing Reform ... ... D. NEXT STEPS .. IT IS RECOMMENDED THAT: - 20. PRIOR TO DEVOLUTION, AN INITIA TIVE BE UNDERTAKEN BY THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING TO IDENTIFY PROJECTS IN DIFFICULTY AND RECTIFY THE PROBLEMS IN A MANNER THA T DOES NOT DELA Y THE TRANSFER OF ADMINISTRA TIVE RESPONSIBILITY FOR SOCIAL HOUSING TO THE MUNICIPALITIES. .. .. .. The Council understands that, currently, close to 10% of the approximately 1,200 non-profit and co-op housing projects are "in difficulty" to varying degrees. Because many municipalities are unfamiliar with the social housing program, and ... to take advantage of the province's expertise, the Council is recommending that, as much as possible, the problems with these projects be rectified prior to a9ministrativedevolution of the program to municipalities. However, this ... '. exercise should not delay the transfer of ~dministrative respon~ibilities for the program. ... 21. A WORKING GROUP, COMPOSED OF REPRESENTATIVES OF MUNICIPALITIES, THE PROVINCE AND PROVIDERS, BE ESTABLISHED TO PLAN, TEST THE FEASIBILITY OF AND IMPLEMENT REFORMS IN THE FOLLOWING AREAS BEFORE THE TERMS OF THE AGREEMENTS ARE . FINALIZED: FINANCIAL MODELLING AND FEASIBILITY TESTING; Tff!= PROCESS OF INCOME DETERMINATION AND CALCULA TION OF RENTS; MODEL RENT SUPPLEMENT AND REPAYABLE LOAN AGREEMENTS. ... .. ... ... The Council identified a number of issues which need reform prior to transfer of administrative responsibility for the program to the municipalities, but which require a more detailed assessment than was possible in the Council's timeframe. This process should be done by a working group which involves the municipalities, province and the providers. The working group would address three sets of issues. ... .. 1. Financial modelling and feasibility issues would include: evaluation of mortgages established with fixed long-term interest ... - ~ . .:IJs: Advisory Council on Social Housing Reform - - - rates as opposed to shorter-term changing interest rates; the process for calculating market rents, loan determination benchmarks, capital reserve requirements, incentive system for early loan repayment and feasible repayment plans for providers with higher debt. - 2. The process of income determination and calculation of RGI rents issues would include: simplification of RGI calculation and minimization of inequities in the system; consolidation of RGI testing with other municipal programs to ensure timely calculation of income changes and rents; policies governing minimum rent and dual assistance clients (with MeSS). - - - - 3. Issues relating to standard items in the model agreements would include: . inclusion in agreements of outcome-based performance req~irements driven by federal and provincial standards; . enforcement measures so municipalities can ensure compliance with agreements; standard formats to allow providers' auditors to certify compliance as part of annual audits; process for negotiating agreements between municipalities and providers. - - - 22. THE PROVINCE, IN CONSULTATION WITH THE MUNICIPAUT/ES AND _ PROVIDERS, DEVELOP TERMS OF REFERENCE AND INITIAL WORKPLAN FOR THE ONTARIO-WIDE BODY, INCLUDING A PROCESS AND TIMEFRAME FOR PUTTING IT IN PLACE. - Work should begin as soon as possible to develop the Terms of Reference for the Ontario-wide body so that the organization can be put in place and begin work on the many important projects which the Council recommends it address. - - The Terms of Reference would set out the mandate, size, composition, selection of representatives, internal accountability structure, general operating procedures, legal status, etc. of the body, and would set up a process and timeframe for its establishment along with an initial workplan for establishing the peer based accreditation system, the process for managing defaults and the development of ongoing benchmark information. - - - 28 69 .-t . :1'-5. . ... Advisory Council on Social Housing Reform .. ... 23. THE PROVINCE, IN CONSULTATION WITH THE MUNICIPALITIES AND PROVIDERS, DETERMINE THE AMOUNT OF THE REPA YABLE LOAN USING THE BENCHMARK METHODOLOGY DEVISED BY ALL PARTNERS, "'" AND BEARING IN MIND FINANCIAL VIABILITY AND COMMON STANDARDS OF SERVICE. :; .. The major work that needs to be done prior to the negotiation and signing of the Rent Supplement and Repayable Operating Loan Agreements is the determination of the amount of the Repayable Operating Loan. Previous filii recommendations have detailed the two main processes which need to be in place prior to starting this process - establishing true market rents and filii benchmarking operating costs. Recommendation #21 proposes that the working group be responsible for developing processes for both these elements. Once this work has been done, the province, in consultation with the municipalities and .. provide~, can determine the amount of the repayable loan on a provider by provider basis. This will set the groundwork for using the model agreements .. developed by the province to begin the process of negotiating and signing ... ~.' . agreements: between.m.unicipalities and providers. ;~ 24. WHERE FEASIBLE, THE MINISTER SEEK VOLUNTARY, RA THER THAN """ LEGISLA TIVE, CHANGE. The Advisory Council recognizes that the implementation of the recommendations contained in this report will require legislation. However, the Council urges the Minister to seek voluntary change where feasible. ... filii Co-op housing representatives assured the Council that, if the reform results in an improved financial and accountability framework for housing co-operatives, CHF-OR will work actively to communicate the benefits of the new model to cooperative providers. They expressed the view that housing co-ops can be convinced to voluntarily sign new agreements that meet their needs. .... ... ... .. "'" 29 ... 70 .. ~. "-s-. ... _ Advisory Council on Social Housing Reform - - 25. THE PROVINCE, MUNICIPALITIES AND PROVIDERS USE AN ADVISORY COUNCIL FORMA T TO DETERMINE A PROVINCE-WIDE PROGRAM THA T COULD REPLACE THE EXPIRING PROGRAM AND COULD UTILIZE ALL OR SOME OF THE EMERGING TAX ROOM AS EXISTING AGREEMENTS EXPIRE AND, THIS REVIEW PROGRAM SHOULD BEGIN 2 YEARS BEFORE THE FIRST AGREEMENT EXPIRES. - - The federal government has indicated that it will not continue its social housing support as its mortgages and other obligations expire. Similarly, the . municipalities do not have an obligation to continue support for social housing as the agreements contemplated in this report expire even though tax room for these purposes has been provided to them. - - - We do not believe that this Council should predetermine social housing programming beyond the length of the current agreements; however, we wish to ,flag the fact t~at the soci~1 housing financial envelope could incrementally be . eliminated as mortgages and current agreements ~xpir~.. o. . .. Some municipalities may allow this to happen; some may not. This clearly contradicts our vision of provincial standards ensuring a similar program structure from municipality to municipality. - - Our recommendation is intended to ensure that this potential problem is addressed in a timely manner. - 26. THE PROVINCE CONSIDER, IN ITS BROAD NEW POLICY FRAMEWORK FOR SOCIAL ASSISTANCE, INTRODUCING INTO THE SOCIAL HOUSING PROGRAM INCENTIVES FOR TENANTSIMEMBERS TO ACHIEVE SELF SUFFICIENCY SO AS TO MAKE SUBSIDIZED HOUSING AVAILABLE TO THOSE MOST IN NEED. - - The government has launched a significant review and change process of the entire social assistance system. including both General Welfare Assistance and Family Benefits. Taking the place of these programs is a new one, Ontario Works, that has a fundamental objective of requiring recipients of assistance to undertake all feasible efforts to reach self sufficiency, The Council believes that there is a need for policy integration between these new initiatives, and the reform of the social housing system. To be more specific. the Council believes that incentives shou~d be built into the social housing program which will lead to those who are capable of reducing their reliance on subsidized housing to do so, - - - - 30 71 .L . Advisory Council on Social Housing Reform thereby maximizing the availability of subsidized housing for those in need on waiting lists. 27. WHERE CONSULTATION BETWEEN THE PROVINCE, THE MUNICIPALITIES AND PROVIDERS IS REQUIRED, THE PROVINCE FACILITATE THE PROCESS. 31 72 ilS'. fill .. ,., ... ... .. ... ... fill ~ ... ... - ... ... .. "'" ... "'" .L " - Advisory Council on Social Housing Reform - - - - - - - - - "APPENDICES - - - - - - - - 73 - :/I-~ . L . J~. lIIlIl Advisory Council on Social Housing Reform ... APPENDIX A - BIOGRAPHIES OF COUNCIL MEMBERS ... Mac Carson (facilitator) Mac Carson has been Chair of the Ontario Housing Corporation (OHC) since February 1995 and \'till continue his mandate. He brings to the council a wealth of experience in public administration, acquired with the Region of Hamilton- Wentworth as Commissioner of Social Services from 1974 to 1986 and as the Chief Administrative Officer from 1986 until his retirement in 1994. Mr. Carson worked with street kids in the 1960s when he .organized and managed a group home for 43 street kids in Hamilton. Mr. Carson has degrees and qualifications in theology, economics and sociology and has taught sociology and social work at McMaster University in Hamilton and public administration at the University of Western Ontario in London. "'" lIIlIl ... ... .... Heidi Sinyard As the on-site co-ordinator for Women's Community Co-op in East Hamilton, Heidi Billyard has had responsibility for the management and community . . dev~lopment of the housing project .since 1991. Prior to; this, she was the. Executive Director. of the Golden Horseshoe Cooperative Housing Federation of' . Hamilton/Niagara, beginning in 1987. Ms. Billyard brings to the council 17 years of experience in the field of housing co-operatives, both as a member living in a co-op and as an employee. During these 17 years, Ms. Billyard has been a member of an incorporating board that developed a new co-op, has been certified by the Cooperative Housing Federation of Canada to teach community development skills and has helped co-ops in difficulty put themselves back on a sound footing. ... "'" ... "'" David Finnegan David Finnegan is the Director of Planning, Properties and Housing for the Catholic Archdiocese of Toronto. He is responsible for identifying sites and acquiring land for new church Parishes, as well as providing Parishes with support and assistance in property matters and the construction and renovation of church buildings. The housing portion of his responsibilities includes supervision of nine senior citizens' housing projects with approximately 1 000 tenants. Mr. Finnegan began managing a seniors' project for the Archdiocese in 1983 after immigrating from Ireland and has assumed positions of increasing responsibility since then. He began his career in the real estate business in Ireland in 1979. ... ... .. .. .. 32 III 74 .. "* J.s-. . - - Advisory Council on Social Housing Reform - .. John Fleming John Fleming is City Administrator for the City of London and brings to the council a rich background in public administration. Prior to assuming his current functions in August 1992, he was Chief Administrative Officer for the Regional Municipality of Halton and the Director of Administrative and Community Services for the District of Burnaby, British Columbia. Mr. Fleming held a number of positions between 1974 and 1982 with the Municipality of Metropolitan Toronto, Department of Social Services and the Office of the Chair. He began his career with the Ontario Ministry of qommunity and Social Services in 1971. - - - - Douglas Hughes Douglas Hughes has been a Vice President with London Life since 1991, most recently as Vice President of Mortgage Securities in the Mortgage Division. Prior to this Mr. Hughes spent 25 years with the Canada Mortgage and Housing Corporation (CMHC) in various local, regional and head office positions that included managing the 51, Catharines, LOfldon and Toronto offices. He was appointed General Manager for CMHC's Atlantic Region in .1983 and General. Manager of the NHA-Mortgage Backed Securities Centre in 1989. Mr. Hughes has been President of the Mortgage-Backed Securities Issuers Association since 1993. He is also a Director and Chair of the Foundation Board of The Laughlen Centre, a senior citizen's home in downtown Toronto, and a Director of the Rotary Club of Toronto. - - - - - David Peters David Peters has been the General Manager of the City of Toronto Non-Profrt Housing Corporation (Cityhome) since 1993 and is Toronto's Deputy Commissioner of Housing. He joined the city's staff in 1985 and spent three years in the Planning and Development Department before his appointment as Director of Policy and Programs Division for the Housing Department. From 1991 to 1993, he managed Cityhome's land development division. Mr. Peters brings a wealth of experience to the council with over 20 years in the housing field. He began his career working for the Ontario Ministry of Housing in 1972. During his time with the ministry, he was director of the branch that initiated the first non-profit housing program sponsored by the province. - - - - - - 33 75 ,. :IS". .. Advisory Council on Social Housing Reform - ... Ted Stella, CPM Ted Stella is the President and owner of Stella Realty Corporation, the parent company of Frastell Property Management Inc. of Toronto. He started his company in 1980, after a long career in finance that began in 1958. In the course of employment from 1965 to 1978 with the Metropolitan Trust Company, Mr. Stella rose from Property Manager to Department Manager, and later to Vice President, Real Estate Division. From 1978 to 1980, he was Executive Vice President and General Manager of Metro International, the successor to . Metropolitan Trust. Mr. Stella has lectured extensively on property management . at universities and colleges in the Toronto area, co-authored the prescribed Ontario Real Estate Association property management text book and made countless public appearances on behalf of the property management industry. Mr. Stella is a past president of the Real Estate Institute of Canada. - ... ... ... .. Gordon Stewart Gordon .Stewart brings with him a diversified background in manufacturing, finance' and investment, and I~bour relatiqns, as well.as a knQwledge of housing issues as current Chair of the Peel Regional Housing Authority. Mr. Stewart .- founded his holding company in 1979, which later became Westmark Inc. The company is active in aircraft and related equipment, investments and labour relations. He was founding shareholder of Tech-Con Inc. of Knoxville, Tennesse . in 1979 and was president of the company until 1993. Tech-Con designs, produces and installs computer-controlled process systems for the food, beverage and pharmaceutical industries. Mr. Stewart held several top management positions with Cherry-Burrell Corporation of Chicago, Illinois between 1970 and 1979 before purchasing the Canadian company with three colleagues. He began his career in 1955 with the Diversey Corporation and held a number of positions with the company in Canada and abroad. Mr. Stewart is the founding president of the Canadian Pipe Fabricators Association, former director of the Dairy and Food Industry Supply Association (Rockville, Maryland), past president of the Canadian Dairy and Food Industry Supply Association and former director of the National Dairy Council of Canada. ... ... .. ... ... ... .. ... ... ... 34 76 .. r :z!~.- - Advisory Council on Social Housing Reform - - APPENDIX B - TERMS OF REFERENCE - SOCIAL HOUSING REFORM INITIA riVE - Social housing reform invol'!es several inter-related components: . Devolution of program administration and funding of social housing to municipalities as part of the Who Does What ryvDW) realignment of roles. - . Changes to the rent-geared-to-income (RGI) rules and administration. - . Reform of the existing structure and systems for financing, administering and regulating social housing. - - Two transition teams co-chaired by Terry Mundell, President of the Association of Municipalities of Ontario, and provincial Parliamentary Assistants, Ernie Hardeman (co= chair of the ProvinciaVMunicipallmplementation Team) and Jack Carroll, (co-chair of the Social and Community Health SerVices Implementation Team),are:leading the implementation of WOW changes including social housing. .' - - The Social and Community Health Services Implementation Team will look at opportunities to integrate social, community health and rental assistance programs at the municipal level. This will create a delivery system that is more efficient, cost- effective and accessible to clients. - - Municipalities will be responsible for funding social housing beginning January 1, 1998. However, the devolution of administration may take several years to fully implement. The second and third components of reform deal with: - Financial Matters: Subsidy model Cost efficiencies - Governance Issues: Program administration Accountability - RG11ssues: Eligibility Criteria Program administration · - These are the components that will be addressed by the Advisory Council. - - 35 77 L . Advisory Council on Social Housing Reform PURPOSE OF THE COUNCIL 1. To examine the effectiveness and efficiency of the current system of social housing in regard to the many concerns identified by housing providers, municipalities and the:provincial government. 2. To develop options for reform. 3. To make recommendations to the Minister of Municipal Affairs and Housing on ways to improve on reforms to finahcial and governance issues. The recommendations should encompass the following broad objectives: ~ Reduce the role of govemment and increase the autonomy of providers. ~ Generate cost savings and operating efficiencies wherever possible. ~ Ensure adequate accountability for the use' of public funds: ~ Ensure security of tenure for tenants of social housing. STRUCTURE OF THE COUNCIL The council will include individuals with expertise in finance, property management, federal housing programs, the operation/management of private non-profits, municipal non~-profits, co-ops and municipal administration. It is this group, under the leadership of a facilitator, which will prepare the report(s) to the Minister. The Ontario Non-Profit Housing Association (ONPHA), the Cooperative Housing Federation-Ontario Region (CHF-OR), AMO and the province (Ministry of Municipal Affairs and Housing and Ministry of Finance) will participate in the work of the Council but will not be involved in writing or approving the report(s). 36 78 , :# S. '..i ... ... ... ... .. ... ... ... ... ... ... ... ... .. ... ... III .. L . ~~" " - Advisory Council on Social Housing Reform - - COUNCIL WORKPLAN - 1. Research alternatives to the current systems for financing, administering and regulating social housing in Ontario. 2. - Identify options for reforming the existing social housing structure which incorporate the following wherever possible: - - a) A streamlined administrative model which decreases the need for substantial housing infrastructures in municipalities but which meets federal and provincial accountability requirements. - - b) A revised subsidy structure that minimizes the variability of both operating and mortgage costs. - c) Increased efficiency and streamlining of property management. . . - d) Elimination of duplication and overlap. e) Recommendations for changes to existing operating agreements to accommodate the proposed changes to subsidies and program administration. - - 3. Formulate recommendations to the Minister. - SECRETARIAT .. The Council will be assisted in its work by a secretariat. The secretariat will provide professional staff to support the Council and will liaise, as required, with staff of other ministries and the WOW implementation teams. - All meeting arrangements, office administration and record keeping will be the responsibility of the secretariat. - - - - 37 79 f. . ~5:' j .. Advisory Council on Social Housing Reform ... ... EXCLUSIONS The Advisory Council will not become involved in negotiations with the federal government. The Council will be kept informed of all relevant implications of a new federal/provincial aQreeme(}l on the transfer of federal housing programs to the province. .. ... .. TIMEFRAME.~ 3 months .. IlIllI "'" .. ... ... ... ... .. .. .. 38 iii 80 ... .. ~ . ~5".: . - Advisory Council on Social Housing Reform - APPENDIX C - STAKEHOLDER DEPUTATION SESSIONS .. (Wednesday July 16, 1997) - DEPUTATIONS MADE IN P-ERSON 1. - 2. .. - 3. - 4. .. 5. - 6. - 7. - 8. - 9. .. 10. - 11. - - - Dr. Joseph Wong, Chair Chinese Evergreen Non-Profit John Gordon, Administrator Ganawageh Urban 1:.:iomes Terry McCullum, Executive Director Anglican Houses Brian Dorling, Chair and Rolly Sauve, Housing Authority Manager Advisory ~ouncil of Housing Authority Chairs Tom Clement, Executive Director Cooperative Housing Federation of Toronto Mike Bowen, President Mortgage Backed Securities Committee of the Investment Dealers Association Karen Slater, Executive Director Almonte Community Development Association Louise McNaughton, President Commonwealth Co-op Michael McAlear, Vice President Hall Management Corporation Pam Jollife, Executive Director F red Victor Centre Penny McCabe, Coordinator Co-op Housing Staff Association 39 81 .L. ~S". .. Advisory Council on Social Housing Reform .. ... 12. Dawn Boulanger, Executive Director Ecuhome Corporation .. 13. Derek Lobo, President Derek A Lobo and As~ociates Inc. ... 14. Wayne Schnabel, Manager and Louise Stevens, Chair Association of Housing Authority Managers ... 15. Terry Korobanik, Property Manager (by conference call) Sioux Lookout Non-profit Housing Corporation ... 16. Breda Quinlivan (Tenant Advisory Council) Barrie Municipal Non-profit Housing Corporation ... 17. Sybil Frennette, General Manager Kitchener Housing Corporation .. 18. " Tracy Henry and Cliff Martin Ontario Public Housing Fight Back Association ... 19. Dan McIntyre, Chair Our Homes, Chez Nous ... 20. . John Bech-Hansen, Economist Board of Trade of Metro Toronto """ .. WRITTEN DEPUTATIONS. 21. James Ramesbottom, Executive Director (August 1, 1997) Wilmar Court """ 22. CUPE Local 3096 Ms. Gaye Durocher - 23. Gower Park Place Residents Association Mr. Nick Volk .. .. 40 82 .. .. ~ ~ . ~5"'. . . ... Advisory Council on Social Housing Reform - ... - APPENDIX D - PARTICIPANTS IN MUNICIPAL STAKEHOLDER MEETING (August 13, 1997) - 1. Roy Wood, Alderman: City of Peterborough - 2. Pat Moyle, Commissioner, Corporate Services 3. Lynne Bennett, Deputy Mayor - City of North Bay - 4. Frances Smith, Deputy Warden County of Frontenac ... 5. Steven Silver, Chief Administrative Officer County of Lanark .., ... 6. Peter Hume, Councillor Region of Ottawa-Carleton ... 7. Marni Cappe, Manager of Policy Region of Ottawa-Carleton - 8. Eric Holmden, Councillor Town of Campbellford - 9. Maureen Couture, Clerk-Administrator Town of Kincardine - 10. Doug Thompson, Councillor Township of Osgoode ... 11. Joanne Campbell, General Manager Metro Toronto Housing Company Limited - 12. Gary Davidson, Director of Planning and Development - Huron County - 41 83 - ~ . .. Advisory Council on Social Housing Reform ~ IIlII "'" APPENDIX E - SOCIAL HOUSING PROGRAMS "'" Pre 1986 Non-Profit Programs - . OCHAP Municipal Non-profit . - Post 1985 Non-Profit Programs . federaVprovincial provincial unilateral programs including jobsOntario Homes, Project 10,000, Homes Now, Project 3,600, and Project 3,000 .. . ... Non-Profit Rent Supplement Programs . Community Sponsored Housing ILM (Indexed.Linked,Mqrtgages) (Cooperative Tenure) .. ... . .. Regular Rent Supplement Program OHC Public Housing Program .", - ... - .. ... .. ... 42 84 .. " - L\ Advisory Council on Social Housing Reform - .. Appendix F - C hart 1 Nan - P ra fit Funding tilt - - $1,100 Full Cost tilt Recovery Rent Repayable Operating.. - Loansubsid Y : (B rid g e Subsidy) - $700 Market Rent Rent - Sup p Ie men t subsidy. (RGI .. $300 Subsidy).: . RG t Rent .. - tilt - . The Repayable Operating Loan subsidy is equal to the differe-nce between the market rents and the rents/ho-using charges which would have to be charged to recover the full costs of the project - - . The Rent Supplement subsidy is the shortfall betwee n rents/housing ch a rg es actu a lIy pa id by social housing housing tenants/members and the rent that could be set if the units were rented at market rent rates .. - . The above numbers are examples for illustrative purposes only - 43 85 - .I . Advisory Council on Social Housing Reform .. ... Appendix F "'" ... Chart 2 - The Repayable Operating Loan Market Rent Rent Supplement Income . ~~~~~~~~~~~~~~~~t;~;~~~~~~~~~~~~~~;~~~~~~:...... ..... ........... . . . ......................... ......................... ............................,..................... ~jI~~~l~~~~~~j~~I~~m~~~~~~~~~~~~::::::: ..................... ...................... ..................... ...................... ..................... m . . . Capital Reserves - Manageable Costs Expenses .. .. Portion of mortgage paid by municipality and repaid over time by provider (Repayable Operating Loan Agreement) ... ... .. - - III - Handled by provider on a business model ... ... IIIlIIl "'" III 44 86 "'" " .. I. _ Advisory Council on Social Housing Reform - - Appendix F Chart 3 - OHC Funding .. - - - Rent Supplement Subsidy - - - - .. $800 Market Rent $600 Full Cost Recovery Rent $300 .' RGI Rent . On average, market rents exceed full cost rec'overy rents due to age of stock, size of debt and operating efficiencies .. . When market rents exceed the full cost recovery rents, the resulting surplus is returned to the municipality .. - - . The above numbers are examples for illustrative purposes only - - 45 87 ~ . .. Advisory Council on Social Housing Reform ... WIll APPENDIX G - CLARIFICATION OF THE COOPERATIVE VIEW ON RECOMMENDATION 11 .. INCOME DETERMINATION AND VERIFICATION SYSTEM The Non-Profits and Co-ops currently have a signed Operating Agreement which is a legal contract. Under these contracts there are certain obligations and responsibilities that the provider must carry out. One of these responsibilities is for income determination and annual verification (along with responsibility for administering other occupancy related matters such as signing of occupancy agreements, housing charge collections, and subsidy reconciliation). When the government realized that public housing was not the best way to deliver social housing, they recognized that housing could be best handled by local providers who knew the people in their housing community. This recommendation regresses in the area of social housing policy by centralizing this responsibility and making it, once again, a government run function. It also contradicts one of the objectives of this council which recommends reforms to encourage greater auton.omy for the providers. It puts ~t risk the current successful .': model w~re RGI rnemb.ers are housed in diverse communities where. their p.~rticular .. . changing needs are me~, but not labelled. The services are provided in a discreet confidential way right where they live. ... ... IIl1II .. .. ... The argument that centralized administration will be more cost-effective has never been tested or proven. Experience tells us that government bureaucracy is generally less efficient and more expensive that community-based delivery models. ... - The argument that it woulcj eliminate fraud has also yet to be proven. An on-site manager is much more famU@r with the members' circumstances than a municipal employee working in a central office. It would be much more difficult for RGI recipients to misrepresent their circumstances to a local staff person that to officials in a central office. Provider management staff can also respond more quickly to members' changes which affect their RGI assistance. .- .... ... Aside from the cost issue, there must be consideration given to clients' needs as well. We have moved from the government run bureaucracies of the '70s and are now much more aware of the need to respect people's dignity. The large percentage of RGI households in co-ops, who are employed, will feel intimidated by a system which requires them to have their needs met through a municipal social services delivery system. Currently, RGI households simply need to go to the office downstairs or next door and they are assured discretion and prompt response. ... ... "'" .. 46 88 .. -, - .- - .. - - - - - - - .. - - - - - - - ..t'. Advisory Council on Social Housing Reform There are 21,360 provincially administered co-op households in Ontario. From my experience, I would estimate that there are only about 25% who are on any type of social assistance, the balance, 16,020 households would need to be added into the system and these members would be affected. It seems to me, that changing an efficient, confidential system that currently serves 21,360 households for a handful that would fit a new system, is hardly cost-effective. We also need to remember that as few as 25% of the co-ops will likely end up using such a system. The Federal Government has said that i~ will not permit the province to ' shift responsibility for administering programs that they pay for, or cost-share, to the municipalities. This means that two different systems for income verification will be operating at the same time in each municipality. The numbers used only reflect co-ops, I'm sure that the non-profrts are in a similar position and could provide their numbers as well. There would also be considerable difficulties for project administration resulting from a centralized RGI system. Every co-op has its own fiscal year, which likely does not correspond with.that ofa municipalitY, and the Cooperative Corporations Act has very. . specific rules dealing with notice of housing charge increase and budget approval. Currently, all income reviews are done 90 days prior to a year end, allowing the minimum 60 days notice required, as well as using the most recent income information for purposes of calculating housing charges. If a member has an increase in income, they are required to report it to the co-op office immediately. The housing charges would then be recalculated, thereby reducing subsidy dollars spent by the municipality. In a Centralized system, the income reviews would only be done annually, therefore there is the potential for subsidy dollars to be misdirected to people whose incomes have become higher. Many co-ops also have a software program that is specifically designed for income verification and calculation. In the new reformed Social Housing Program, we are being asked to enter into a "business type" relationship with the municipalities. In order to effectively manage our business, we need immediate response to things that affect our budgets, such as calculation and setting of housing charges. I would strongly recommend that before we undertake to make such an abrupt change that involves a significant difference in how providers serve their members, and that affect so many people, at the very least, we should do is a cost-benefrts study. This would be a relatively simple project that one of the working groups could oversee. 47 89 L. Advisory Council on Social Housing Reform In doing such a study, there should also be consideration given to client service, simplicity (one of our four objectives) and the impact on providers and members. HEIDI BILL YARD 48 90 , .. .. .. "'" .. .. .. .., .. .. .. I .. I // ... .. .. .. .. "'" .. .. 1B/29/97 BB:B6:46 EST; ASSOCIATIon OF?-) 9B56234169 CLERK-Clarington "un Page BB4 1-10 4169716191 P. 03/03 t Dt;l 0 Association or (~Jo MunicIpalities . .\ ...t!l ,l... of Ontario lilt .,- . . ,...... OCT-28-97 TUE 05:23 PM AMO FAX NO, COUNCIL INFORMATION - Member Conlmunication ~';i 393 University "venue, Sullll1101 Toronto, ON MliG 111:" Tel: (0416) 1171.9866' Ill\(: (~1") 1171-&191 emllll: llmoCllllmo.munlcom ,com - ALERT - For Immediate Action - TEACHERS1 ASSQCIATIONS AGREE NOT TO PICKET SCHOOLS TO BE USED FOR POLLING STATIONS - ISSUE: _ AMO has written to the five Ontario teachers' associations and federations requesting that they give municipalities a commitment that their union members will not picket schools scheduled for USe as polling stations. - THE FACTS: - In a I~tter dated today, the Ontario Teachers' Federation - representing the five teacher organizations that are currel\tly Involved In an illegal strike to, pr~testthe provincial government's 8111160 ._ confirmed that it would not picket schools slated for use ~s polling stations on November 10th. . - - Following the AMO request to the five organizations, the OTF sent the following message to all members in an Action Plan dated today: . "Picket lines and the distribution of Information are not allowed at advanced polling stations or at regular polling stations. No member should be present for any reason other than to vote," AMO and the Association of Municipal Clerks and Treasurers of Ontario had held preliminary discussions with the Ministry of Municipal Affairs and Housing regarding the possibility of seeking an injunction to prevent teachers from picketing schools where polls are located. However, it appears that this line of action will now be unnecessary. - - - - ACTION PENDING: AMO will continue to keep members apprised of any issues which may impact on municipalities arising from the current dispute between the teachers and the Province. This Information is available through AMO's MUNICOM network at www.municom.com. - - For more information contact: Dan Remington, Communications Coordinator at (416) 971-9856 ext. 312 or email: dremlngton@amo.municom.com _ Transmission problems contact: Lilian Cheung at (416) 971-9856 ext. 308 P~qO 1/' ~cl'" 2D, 1~97 - /j/}J CE - - - - - - - - - - .. - - ... - - - - - Hepburn Block Queen's Park Toronto ON M7A 1 E9 (416) 325-5225 Mlnlstere des Services soclaux et communautalres Bureau du Ministre Edifice Hepburn Queen's Park. Toronto ON M7A lE9 OCT 24 (416) 325-5225 ~ ~ .mmllII ""-" ,. . Ontario 2 2~ PH '97 Inm({;mJ1Wllrl~) OCT 2 4 1997 1-11 Ministry of Community and Soclal Services Office of the Minister COUNCIL INFORMATION October 23, 1997 AGENDA .MUWCIPALlTY OF CLARiNGTON MAYOR'S OFfiCE Dear Municipal Head of Council: I am pleased to have had the opportunity to participate in the meeting on September 30th to discuss the impact of Who Does What on the GT A regions. As Minister of Community and Social Services, I have given serious consideration to the points you raised. I appreciate your concerns about the upcoming transitional period and your desire to discuss further the issue of "pay for say" with respect to social and community health service programs witllin the GT A. Consequently, I have asked my Deputy Minister to arrange a meeting of provincial Assistant Deputy Ministers and representatives from GT A municipalities to discuss a process for addressing these concerns. Assistant Deputy Ministers of the relevant ministries will be prepared to clarify policies intended to achieve provincial consistency and to seek your. ideas on how we might furtl1er design a "pay for say" .system. I As you may be aware, a number of changes are well underway. In social assistance, many business processes have already been redesigned, resulting in savings to taxpayers at both levels of government. Municipal staff have been extensively involved in both the planning and implementation ofthese measures through a number of forums and working groups, In addition, new legislation is now before the Standing Committee on Social Development. Following our meeting, I asked staff to do a preliminary comparison of certain types of social assistance costs for the GT A. This review appears to confirm some variation in the practices betWeen municipalities. This reinforces the need to continue our work to achieve consistency of practice as well as greater cost effectiveness. We have already begun specific policy work on many of the areas of concern raised at the September 30th meeting, for example, the range of discretionary items that would be cost shared. I lo.ok forward to your input as our governments continue to work together to improve services for the taxpayers of Ontario. r'-Oi-ST'W;i#J..:r.'C)N-'.1 I C' r'o>' l"IJ.u ! Sin~erely, I A~:'W\.---~ i o~:\.,:'\.,!r~"'~ ---. t I ~'.,.-;~, :~ -- ..~....- , ---'-- .~_...,- -~ - ".~; : u: I ---. ------..--;---1 --_. , . - .....1-. i \ Janet Ecker Minister _~.._.-.._. __i L-.---- ..L I : \.----.. .--... .. 1 l=------ 1-.--- -' ^" .-;::: .....:7.;-:,:;-~{ . c.c.: Alan Tonks 0001 (1 '~I 18/23/97 15: 38 KAWARTHA COHSERVATIO~1 AUTHORITY COUNCIL INFORMATION OCT 24 2 24 PH '97 - ...". . :. .~ KAWARTHA CONSERVATIOX Ken Reid Conservati~n Area, 277 Kenrei Park Road, R.R. #1, Lindsay, ON K9V 4R 1 Local 328.2271 · long Distance 1.800-668-5722 . Fax 32$.2288 · e-mail: krca@lIndsaycomp.on.ca - HO.593 P002 1-12 executive Committee Minutes AGE N Li I~:'-': Meeting # 3 EC/97 - - Meeting # 3 EC197 was held at the Kawartha Conservation office on Wednesday, October 15, 1997. Chair Crowe called the meeting to order at 9:38 a.m. The Executive Committee Resolves, That, the minutes of meeting # 2 EC/97 be adopted as received. .---- .... -... .- .....-...-...... . ; "'i/",:-'.'rn.' i T'ON ~ , ~_,~.....}lJ. J .t' 1- : ! Cu:RK H '-' .-.---.--. t \ AC!t BY..._.__ __~.~~ [ED i I I ~~~~fnu~~-' ~-"1 .---~..:.-.~~...-~~:l--=---J i I I 1_ --.--... -,.1- I, i=~~~.~'.-4'" '\'.'~=- . \ \ ; i \ --..,... ,.::~- . j r'--"--'-' "...._;..._____...J }--...---.---....! . ~ i -.:-:~.;.-Aor --Kf25(~-: - Present Tom Crowe, Chair Audrey von Bogen, Vice-chair Ken Gadsden - John Huke Doug Moffatt Dave Murray - Absent Bob Poole, Friends of KRCA . . - Staff: Ian Macnab Wanda Stephen .. Declaration of Pecuniary Interest None was declared. - Minutes of Meeting # 2 EC/97 .. Res. # 18 EC/97 Moved by: Seconded by: .. - .- - - *@_.oo... . { 1l!;",:",Q.(O -"'- """'-'<U- ~-........( - Ken Gadsden Dave Murray #.,.:tlO!t ~ !~\ ~j A MElJ&R a' '!liE ~ OtITARIO NElWORK ~.~_ ..~...........,.'... ._............--.,.\~.-.-,.'C:!..I7"\ g-: !/ .:t' :t '" .,11 1 I I ,I '. ;:~ 1 ~/ C:!.j/~:f ( 1:J :..:St:l KAWARTHA CONSERVATI ON AUTHOR ITY 1'10.593 P003 .. -2- .. .... 1998 Kawartha Conservationist Award Discussion was had on potential award recipients. Ken Found was recognized and applauded for his contribution in developing the Partners in Conservation program with Coldwell Banker. However, it was thought that his contribution should be viewed separately from the Kawartha Conservationist Award. Staff were therefore directed to seek nominations from the community allarge, bringing all nominations before the Board of Directors in December. ... .... .. Res. # 19 EC/97 Moved by: Seconded by: Doug Moffatt Dave Murray "" The Executive Committee Resolves, That, Ken Found be recognized with an appropriate award for his role in establishing the Partners in Conservation program. .. OARRIED 1998 Ex.officio Members .. The Executive Committee is recommending two ex..omolo appointments for 1998 at this time. Up to two more ex-officio appointments may be made at a later date should the Board of ... Directors so wish. Res. # 20 EC/9? JVIoved by: Seconded by: Audrey von Bogen Doug Moffatt ... The Executive Committee Recommends, That. Jack Coulson and Doug Fish be appointed as ex-officio members of the Board of Directors for 1998. ... CARRIED !I/fII 1998 Budget ... The 1998 budgeting process was discussed and the draft pr.esentatlon to municipal council reviewed. Staff were directed to highlight key conservation activIties of interest to municipalities within the presentation. The draft budget and municipal presentation of same is to be taken to the Board of Directors in December for review. The Executive Committee further directed staff to develop an open house and meeting. forum to which municipal councils could be invited so as to gain a more complete understanding of conservation programs and activities which form the basis of our budget. .. III .. .. ..'" ...... ~V.. #-.. .' ~ .' .'~ "'" ~: ~if1 ;<'f' r - - - - - - - - - - - - - - - - - - 10/23/97 15: 38 KAWARTHA CONSERVAT ION AUTHOR ITY -3- Applications under Ontario Regulation 33/94 The Executive CommIttee reviewed two applications. Res. # 21 EC/97 1'10.593 P004 Moved by: Seconded by: Dave Murray John Huke The Executive Committee Resolves, That, the Ontario Regulation 33/94 applications from 121834 Ontario Inc. and from the Township of Manvers be approved as recommended by staff. New Business CARRIED ..~ . 1. A report on activities of Friends of KRCA was read by staff on behalf of Bob Poole. ! 2. Staff reported that the estat~ of P.earllrene Evelyn Pechin had made a don~tion of $10,000 to Kawartha Conservation. There being no further business, the meeting adjourned at 11:25 a.m. Tom Crowe Chair Ian D. Macnab General Managerl Secretary-Treasurer \ t In Case of Transmission Difficulties, Please Call ~16-863-2101 - Please Deliver To: MUNICIPALITY OF CLARINGTON COUNCIL INFORMATION 1-13 - - Ministry 01 Community .nd Soci.1 Services Office of the Minister Minister. des Services soci.ux et c:ommunautair@s 16j. -,. Ontano .. Hepburn Block Oueen's Park Toronto ON M7A 1 E9 (416) 325-5225 Bureau du Ministre Edifice Hepburn Oueen's Park Toronto ON M7 A 1 E9 (416) 325-5225 October 28, 1997 ... Dear Head of Council, - As we approach full implementation of Ontario Works, I felt it important to bring you up to date on our welfare reform and some of the upcoming initiatives we are planning. - People in Ontario continue to support changes to the welfare system. The reforms that we have implemented and have proposed in recent legislation are fair to those who use the system and to those who pay for it. -Our reforms are designed to restore to the welfare system its original intent: to serve as a transitional program of last resort to help people to get bac~ to work. - - Our welfare reforms and Ontario's improving economy are helping more people break the cycle of dependency. Almost 234,000 have stopped relying on welfare since this government took office in June 1995. As you can see fom the attached chart, this decline and our welfare reforms have created significant savings f~r municipalities.' With the Ontario Works pr.ogram. I believe we can build on tliis success. - Over the past year, we have been working with municipalities across the province to deliver the Ontario Works program. I appreciate the work that has. been done at the municipal level to make this program successful. Ontario Works is now in place in over 50 counties. regions and cities, More than 53,000 people have already participated in one or more of the program's mandatory activities. - - Municipalities have asked us to provide them with support' in raising public awareness of Ontario Works to help develop opportunities for people on welfare to make contributions in their own communities. A key to the program's continued success will be making the community aware of the program and how they can become involved. I am pleased to tell you about how we are responding to your requests. ., - Frank Klees, my Parliamentary Assistant, has been traveling across Ontario to talk about Ontario Works. He has already made presentations in a number of communities. These presentations are intended to help strengthen local understanding of the program. Mr. Klees is available to support you in your efforts to promote Ontario Works in your community and will be contacting you shortly to offer his assistance. - r'--i:?I.s:i ::;f iBrf~: i 0 ~!.. dT I' CLi'.!;.\ ".;\. i3Y--.-'~~'.'_._.._...'.."..-.. . Lf:;:'.'", .'-~~;_.'~"~~:,,' L--- .. -. .... : 1-- F~.'~-, r'~'.'-. . . ._..~-r t=;_.~.z~~--- ~-/);;;:~~,::=; L~I.L~..:.:/ /-.r..~~~...,'.-, .! - .:.oI...,q - - , . """ -2- As we move towards new social assistance legislation, we are completing the reform of Ontario's welfare system. We are modernizing and streamlining business practices. We have tightened eligibility, and introduced a number of anti-fraud initiatives to reduce the potential for fraud and abuse. Our goal is to provide municipalities with a better and more cost effective program that will help more people on welfare get back to work. .. ... In addition, last week we launched a series of radio and newspaper ads to provide information about our welfare reforms and Ontario Works programs. The radio ads feature actual participants in Ontario Works programs. They include people on welfare, front-line administrators and representatives from commw1ity agencies that provide placements for Ontario Works participants. The ads also include a new 1-800 number that people can call for more information about Ontario Works or to offer ideas for community placements. This campaign will support your efforts to develop community placements aod further implement the program in your community. .." """ Together, we are making welfare work. Sincerely. """ ,7~~ ., Janet Ecker Minister """ Attachment """ fiIIIII ... ... ..., ... ... . illl: "Ii :I:. 11!: ;111 ill!: W1i .. .. "'" . . GENERAL WELFARE (GWA) CASELOAD CHANGES AND MUNICIPAL SAVINGS '"5I1l' eo 19911137 S.vtnp .. "-ent GWA C...10M DIIC"'.... , ~ OFFICe DElIVERY Total Municipal of Munclpll Costs Be_n Jun. 1996 and Se miter 1"7 AGENTS Savtn~ Aboolut. P.rcelll .RRIE BARRIE 639.378 24.21 798 44.56 - SIMCOE C.U. 1.209.659 16.30 1.037 24.70 YORK RM. 4.009.062 30.08 2.813 36.90 Subtotal 5.858.099 25.04 MILTON BRANT C.U. 1.288.963 26.69 935 30.14 HAM-WENT RM. 7.095.008 24.65 4.504 28.71 - NIAGARA RM. 5.899.834 29.03 4.732 38.13 Subto\lll 14.283.805 26.48 KINGSTON BAOCKVLE 220,640 14.76 137 1320 FRONTENAC UCCU 366,214 19.55 210 22.58 HASTINGS C.U. 1,500.993 16.81 1,372 25.86 KINGSTON 1.452.127 22.33 990 22.11 - LANARK C.U. 231,356 9.25 246 16.97 LOS,GAeN UCCU 445,639 11.48 233 15.35 LENN,AOO C.U. 310,199 2021 353 36.28 PRINCe EOWAAO C 161,898 22.83 t82 35.00 Subtotal 4,695,127 17.97 _~DON ELGIN C.U. 96,607 12.27 130 31.33 HAlD-NORF R.M. 683,205 24.49 443 27.45 HURON C.U. 302,565 29.12 202 33.55 lONDON CITY 4,849,669 21.02 1.171 13.64 MIDDLESEX C.U. 592.427 26.91 290 21.82 OXFORO C.U. 797)34 23.48 429 19.28 - PERTH C.U. 58,341 24.37 70 41.18 ST. THOM CITY 305.570 18.18 207 20.78 STAA Tl'RO CITY 134,192 21.02 133 29.10 Subeogj 7,819,911 21.83 iSlSSAUGA DUFFERIN C.U. 437,444 35.81 335 54.12 - HALTON A.M, 1,213,066 24.15 1,009 40.:n PEEL RM. 7,164.226 26.20 5.502 42.70 SUlltola, 8,874,736 26.23 RTH BAY COCHRANE A.B. '217,808 11.12 13 6.22 MUSKOKA D.M. 722,006 34.81 660 53.18 - NIPISSlNG A. 8. 207,760 14.95 244 24.09 NORTH BAY CITY 466,555 24.35 630 42.54 PARRY SND A.B. 438,115 18.59 313 25.39 TIMISKAM UCO \48,79\ 15.73 95 12.43 llMMlNS 395,759 16.49 76 5.23 Subtotal 2,596,793 20.01 _AWA CORNWAll 177,884 15.77 514 18.44 OTT.cARLE R.M. 17,871,774 26.19 1.385 21.60 PEM8ROKE 111,315 17.65 33 10.22 . .PAES.AUSS C.U. 1,059,744 24.28 600 26.87 RENFREW UCCU 299.302 16.01 380 32.56 - STORM,DUN.GLN C 579,488 23.52 203 18.04 subloull 20,699,505 25.09 :'Ii:TERBOf<<lUG DUAHAM R.M. 6,081,854 25.39 3,SS! 34.68 HAlIBURTll UCCIJ 250,114 19.08 157 28.14 NORTHUMB C.U. 539,073 19.06 394 29.27 - PETERBORO CTY 1,405,001 18.88 1,101 29.98 PETEABOAO UCCU 507,688 21.20 417 36.51 VICTORIA C.U. 522.890 14.98 402 24.01 Subtowl 9,306,620 22.41 )BURY ALGOIM A.8. 476,210 18.52 170 34.84 MANITOUlN UCO 18.229 2.84 10 2.17 - SAULT S1E MARl 1.297,849 22.54 1,299 31.94 SUOBURY A.B. 3.054,927 22.79 2.322 28.22 Subtotal 4,841,21S 21.66 lNOER IIA Y KENOAA UCO 1,142,384 15.34 200 5.22 RAINY RlV AB. 90,948 11.00 41 9.65 ... THUNO BAYClTY 1.242,621 24.99 1,164 39.24 THUND BAY UCD 182,400 10.30 66 5.86 Subtotal 2,658)53 17.70 IONTO METRO TOROIfTO 52,968,126 25.31 33,002 26.80 ~DO BRUCE C.U. nO,872 21.86 397 32.04 GREY C.U. 447,512 14.45 499 30.26 WATERLOO A.M. 3.174,273 17.01 2,501 24.26 WElUNGTN C.U. 1,141,m 23.82 1,116 39.66 5_1 5.900,629 18.13 ojIMD$OR CHATHAM 334.447 16.26 383 29.92 ESSEX C.\J. 249,551 10.60 377 28.16 KENT C.U. 521,200 14.22 599 33.65 LAMSTON C.U. 606,270 9,21 759 23.88 WINDSOR 1.320.904 IUI 1,347 26.80 - Subtol&l 3.032.380 12.29 01/1..... 345 15,54 TOTAl" 143.541.299 23.40 93.576 27.17 . The totals may not add up due 10 rounding A: 1) TacaI municipal savic&s art baed on Ihe comparison oflhe munlelpal share ofexpeDdilllre5 OQ allowanees and beD.llts and !be _I of Ow ^ .dmbUstraliocl i:lr 1995/96 to 1996191 and mWlicipal savlnll1 due to the Imp.ct of all polley initiatives. - - - I~14 i_ - '"j' - Clarington Museuns Clarke Museum & Archives - - P.O. Box 152, Oronto, Ontario, lOB 1 MO (905) 983-9243 E-Mail cma-chin@durham.net - October 21, 1997. - Dear Member of the Board of Directors - In an effort to reduce Museum expenses please be advised that the minutes of the Board of Directors will no longer be mailed. The minutes will instead' be available' for pick up at the Museum ten business days before the meeting. If you are unable for any reason to pick up yo.ur minutes during this time period during business hours they will be available to you at the time of the meeting. For the December 2nd meeting the minutes will be available starting November 18th 1997. - - Thank you for helping. - - r:~~~m~~o~ I , c!{ C~ '/ . I h .1. L>' .. I ORtl"f.; t.. o \ I \.1 I. .r".. I'-(:;j;.;f.:~;;- .- J ...-' j'" ---'..--'! i- .'-'--.-l ! Respectfully, - Gavin M. Stephenson Recording Secretary ..' . -- ,--..---- - 1.---..-.---."-'. - t __. ______... - i_.__.~_ '"..'. L---...... . ... IE -........... .._..l . ..-.~ . r I:,:,-;~:~i:}j .= -1___ - MAU.lNG. wr.; - 7086 Old kirby School Road, Hwy 35/115 at Region Rd. 9 Kirby, Ontario - III CLARINGTON MUSEUMS/CLARKE MUSEUM & ARCHIVES BOARD OF DIRECTORS MEETING #1997-11 TUESDA Y November 4, 1997 AT 7:00 PM KIRBY, ONTARIO .. .. "'" AGENDA .. 1. Motion to adopt the agenda. Moved by Seconded by 2. Motion to adopt the minutes of#1997-10. Moved by Seconded by .. 3. Business arising from the minutes. 4. Correspondence 5. Treasurer's Report Moved by , Seconded by presented. 6. Curator's Report 7. Other Matters/New Business .. ... Gavin Stephenson , that these accounts be paid as ... Mark Jackman ... .. 8. Moved by , Seconded by , that the next meeting of the Board of Directors be held on Tuesday December 2nd, 1997 at 7:00 PM. .. 9. Moved by PM. , Seconded by , that the meeting adjourn at ... NOTES ... ... ... .. .. "'" - 'J--'--- -- ~.- " =. .~~ 1/"" ClaringtonMuseums ClarkeMuseum &Archives - - P.O. Box 152, Orono, Ontario, LOB 1 MO (905) 983-9243 E-Mail cma-chin@durham.net - The regular monthly meeting of the Clarke Museum & Archives Board of Directors was held at 7:00 PM Tuesday October 7th., at the Museum in Kirby. #1997-10. - PRESENT: Chairman, G. Brian Jung; Vice-Chairman, Valerie St. Croix; Curator, Mark Jackman; Recording Secretary, Gavin M. Stephenson - - REGRETS: Past Chairman, Donna Robins; Treasurer, Donald Igbokwe; Executive Secretary, Angela Harris; Board Member, Darlene Sullivan; Councillor, Ann Dreslinski; Councillor, 'David Scott Curator, Mark Jackman Chaired the meeting at the request of the Chairman. - **97-40** Moved by Valerie, Seconded by Brian, to adopt the agenda as presented. Carried. - - **97-41 ** Moved by Brian, Seconded by Valerie, to adopt the minutes of meeting #1997-09 as presented. Carried. BUSINESS ARISING FROM THE MINlITES -- ORONO TOWN HALL - Nothing to report at this time. BOOK SALE - Mark reported that the fall book sale results were less than anticipated. Attendance for the sale was 166. - - 7086 Old Kirby School Road, Hwy 35/115 at Region Rd. 9 Kirby, Ontario - -2- $ ~ 1.J SALES BREAKDOWN ... .........R~lar..Bc>olcS.~;"E:1 =_~Q12O__ Total $364.40 .. I". Special BoOlU;i:'~.'\:;:'j';:~C>,,:.., .. ' 160.50 Mark noted that the Museum has held book sales for the past 11 years and it is his view that the book sales, as an event, has run its course, and that alternate fundraising activities must be considered. He suggested that there be only one book sale next year in the spring as that is the most successful of the sales. The remaining books have been removed and the resulting drop in humidity levels in the Volunteer's Building was 10 percent. .. .. Mark noted that t:l1e planning is . already underway for other "new" fundraising events some may be jointly held with the Bowmanville Museum. .... 50/50 TICKETS .. Mark reported that sales of the 50/50 tickets are progressing but not as quickly as anticipated. A greater effort is needed to push the sales up. Please ensure That All tickets, stubs, and money are returned to the Museum no later than 5:00 PM November 28, 1997. A full audit check must be done prior to the draw on the 29th. .... .. BlJITERFL Y BUTIERFL Y . The trip to the Butterfly Conservatory in Niagara-On- The-Lake- was sold out. 'Forty- seven people were on the trip and had a wonderful time. The trip participants are looking forward to the next Museum bus trip, some are hoping for more than one per year. The trip sold out almost immediately upon release of the seats. .... ... CAPITAL BUDGET ... Mark's meeting with Fred Horvath went well. Fred agreed with many of the Board's requests and wished that all hall boards would do the same type of in-depth report. .. Mark reported that there should be little difficulty in making the requested changes to the electrical system in his office. Fred will also be looking into the power load problem, and suggested that as some of the hidden receptacles are uncovered this problem should be reduced. Fred saw no difficulty in relocating the thermostat away from the lighting reostaL,>. .... .. Fred is looking into another company to examine the paint problem on the building's exterior. Mark asked that if it is determined that there is a moisture problem that the moisture problem be addressed rather than put holes and vents in the side of the building, particularly considering its designation as an historic building. .. .. .. .. \ \ - - 3 - - Fred agreed with Mark that much of the humidity problem in the Volunteer's Building was due to the storage of the books left over from the sale. Mark noted that the loading door of the Volunteer's Building does not seal properly and this problem is to be corrected. This should stop the problem of water seeping into the building. In addition Mark noted that the grading in front of the loading door has already been altered to funnel the water away from the building and towards the drainage ditch to the north. He also noted that the landscaping has been completed. - - - Fred has agreed that Museum staff should not be responsible for clearing the snow away from in front of the buildings. He has contacted the Public Works Department to make arrangements to clear the snow from the front of the loading door of the Volunteer's Building, the main entrance to the Volunteer's Building and the Museum. In addition there will be enough snow cleared from in front of the Museum to allow for the parking of four cars. - - It is Fred's opinion that the water quality testing is no longer a Municipal problem but is up to the Museum. BEREAVEMENT NETWORK CONFERENCE - - Mark will be the opening key note speaker for the Bereavement Ontario Network Conference to be held in Orillia. He will be presenting In Repose at the conference Wednesday October 8, 1997. CHILDREN'S HALLOWE'EN COSTUME WORKSHOP - The response to the Children's Hallowe'en Costume Workshops are just starting to come m. - CHILDREN'S CHRISlMAS CRAFf WORKSHOP - The Children's Christmas Craft Workshops will be advertised following Hallowe'en. Saturday November 29th the Museum will hold two Children's Christmas Craft Workshops. This new workshop will allow children to create a wood block print Chn:."tmas Card, Pomander Balls, and other traditional Dickensian crafts and decorations. The workshop will be in two sessions. The morning session will be from I 0:00 AM to Noon, and the afternoon session will be from 1 :30 PM to 3:30 PM. Registration is $5.00 per child and is limited to 15 children per session. Registration is open to children between 5-12 years of age. Registration forms will be available beginning November 1st. - - - APPLE FEST - The Clarington Museums display will be part of Apple Fest October 18th in Bowman- ville. The display will be similar to that used at Watson's Farms. The Museums will be giving away a bushel of apples as part of the display. Gavin has volunteered to exhibit his leather carving at the display weather permitting. This will be a good opportunity to - - - - 4- '> "'" sell SO/50 tickets. Volunteers are needed. Valerie and Brian have volunteered to help at the booth in the morning and sell tickets. .. NEW EXHIBITS The Hallowe'en exhibit is now in place and the last finishing touches are being given to the expanded school display. The display covers schools in both former townships of Clarke and Darlington. "" .. IN REPOSE is on the move to the Peel Region Heritage Complex where it will become part of an exhibit entitled_"This Mortal Coil" which will examine the images that have developed around death throughout North America. I11III **97-42** Moved by Valerie, Seconded by, Brian, that the meeting move 'In Camera' . for a report to the Personnel Committee at 7:35 PM. Carried. ... **97-43** Moved by Brian, Seconded by Valerie, that the meeting move out of 'In Camera' at 7:55 PM. Carried. .. ... **97-44** Moved by Brian, Seconded by Valerie, that the decisions reached 'In Camera' be enacted as soon as possible. Carried. "" **97-45** Moved by Valerie, Seconded by Brian, that the duties of the Recording Secretary be expanded to include the day to day functions of the Museum's financial actions. Carried. lIIi "" **97 -46** Moved by Brian, Seconded by Valerie, that the Recording Secretary's position be known as "Recording Secretaryffreasurer". Carried. .. **97-47** Moved by Brian, Seconded by Valerie, that the position of "Chair, Finance & Fundraising" become an annual elected position of the Museum Executive to work in conjunction with the Recording Secretaryffreasurer under established policies and guidelines of current museum practices. Carried. .. .. CORRESPONDENCE .. No correspondence at this time. .. "'" ... "'" _I - 5 - - TREASURER'S REPORT Mark prepared and presented the month end accounts and expenses for September. - - **97-48** Moved by Valerie, Seconded by Brian, that these accounts be paid as presented. (Attached) Carried. CURATOR'S REPORT - No report at this time. - OTHER MA TfERS NEW BUSINESS - Brian and Valerie expressed their willingness to serve on the Board of Directors for another three year term. - Mark will contact the Clerk's Office to enquire about the correct method for current Board Members to follow who wish to remain on the Board for another term and will let the appropriate authorities know of those wishing to remain on the Board. -. **97-49** Moved by Brian, Seconded by Valerie, that the next meeting of the Board of Directors be held on Tuesday November 4th, 1997 at 7:00 PM. Carried. . . . - **97-50** Moved by Valerie, Seconded by Brian, that the meeting adjourn at 8:20 PM. Carried. - - Gavin M. Stephenson, Recording Secretary - - - Mark 1. Jackman, Curator Per. Chairman - - - - j j ,. . .. . Clarke Museum & Archives Accounts for the Month of September 1997 Account Balances as of October 7/97 ... Chequing $8,403.82 Savings 68.49 Fundraising 5.278.30 TOT AL $13,750.61 Item: Payee: For: $: Chk: Cat: 1. Securitylink Annual Alarm 115.00 146 3g Registration Fee 2. M. Jackman Petty Cash 100.00 147 2m 3. M. Jackman Mileage/gift show 105.51 148 2i expenses/alarm calls 4. M. Jackman Mileage/moving 24.00 149 2i artifacts/display Watson Farm promotion 5. Niagara Parks Bus Trip Butterfly 253.80 150 ad Conservatroyadmission 6. Xerox Equipment lease 647.13 151 2d 7. Consumers Gas Museum Building 16.73 152 3c 8. Consumers Gas Volunteers~uilding 13.41 153 3c 9. Ontario Hydro Museum Building '122.71 . 154 3c. 10. Ontario Hydro Volunteers Building 45.00 155 3c 11. SecurityLink Guard response to 74.90 156 3g alarm call(twice) 12. Bell Phone 113.86 157 2j 13. SecurityLink Alarm Service labour 128.40 158 3g 14. C1BCVISA Monthly fee\equipment .58 OM 2b 15. C1BC Business Telephone banking 9.75 OM 2b Convenience Banking 16. TOTAL $1770.78 NOTE' Items # 1, 2, 3,4, 14, & 15, have been processed and subtracted before the account balances showing on this statement. "'" ... .. ... .. ... II/1II .. ... II/1II ... ... 5i!;ned for paymenl ... ,,-,/;~. '.6- ./1 ~'llflll'l..'! ... ... .. "'" From: Kathy Dochuk To: Mayor Diane Hamre Date: 10/29/97 Time: 15:53:59 Page 1 of 1 .. COUNCIL INFORMATION 1-15 - MEDIARELEASE - - · Durham Region Economic Development Dept. · 1615 Dundas St. E., 4th Fir., Lang Tower, · · Whitby, ON · LI N 6A3 · Phone (905)723-0023 · Fax (905)436-5359 · - For Immediate Release AGENDA Date: October 29, 1997 ... Durham Region Wins Economic Development Awards - [Whitby,ON]- - On October 20, the Durham Region Economic Development Department was the recipient of several 1997 Marketing Canada Awards at the Economic Developers Association of Canada's (EDAC) arumal conference in Whistler, B.C. - The department was awarded fIrst place for the 1997 Industrial Directory in the Business Directories category. . The directory is a reference database for business, industry and economic development, ~ well as a resource book of employment opportunities. . -. A third place was awarded for the 1997 Visitors' Guide in the Tourism.Publications category. This resource includes information on attractions, activities, skiing, golfIng, outdoors, fun for children and a calendar of - tourism events within the Region. Durham received another third place award for its Shoot Durham video, which promotes the Region as a site - for film production. The Shoot Durham video also publicizes the Resource 9uide for f11m production companies. listing the goods and services available within Durham Region. . - Additionally, Mr. Patrick Olive, Commissioner of Economic Development for Durham Region was recognized as a Fellow Member of EDAC at the conference. The designation is held. by only twelve EDAC members in Canada. :Mr. Olive received this accreditation for a paper on Networks, published by the University of Waterloo. - The paper focuses on the Business Alliance Network (BAN), which is a not for profIt organization established to foster business creation, improved petformance and growth through the promotion of strategic alliances among businesses. financial institutions, academia, government, and not for profIt organizations. - For further infomlation please contact: ,-.----------..-.-- -...----.. -.--- '.-------1 'I: D!:~n-;~<H3UT!ON ! (" r-".' l I ,Lcl';!". .__.---~-_._..----~ I I [ I D~. ,! :r'\: i . ,'Ii.nL '}_._.__.__._~~ ~0~il.'t ;,'0" ... ~::j Name: Patrick Olive Commissioner, Economic l)evelopm~~.~._.___.._.J Phone: (90S) 723-0023 Fax:(90S)436-S3S9 1-.-----... '__.1 ';--''''--'- -.,. r \,..--._.~-~ - - I"'" j \..---..... . - -.".-, , 1 J.-.---..-- . - . !_M'._ - 30 . - - - I . ._._._~...- - .' -. .--- -------- OCT-29-97 WED 12:37 PM EMERGENCY MEASURES ,~...... \.. - 't ~. FAX NO. 4308635 P. 1/ 2 - COUNCIL INFORMATION 1-16 NO TIFICA TION . ... Durham Emergency Measures Office AGENDA ... Durham Regional Headquarters 605 Rossland Road East _ Whitby ON L 1 N 6A3 Telephone: (905)430-2792 Fax: (905)430-8635 DATE: October 29, 1997 TIME: 11.35 a.m. . No. of pages Including cover sheet: 1 TO (Fax): - Mayor Diane Hamre, Clarln9ton (905-623-5717) Bill Stockwell, C.A.O.. Clarlngton (905-623-5717) Mayor Nancy Diamond, Oshawa (905-436-3884) - . Jim Witty, Regional Chair (905-668.1667) Garry Cubltt, C.Ap. (905-668.1567) ... FROM: Pauline Reid . . . Co-ordinator, Training and Education - RE: PUBLIC INTEREST OCCURRENCE AT DARLINGTON NGS -Message: Please find attached a news release from Darlington Nuclear Station. ... - ....f7 i ~"1~<(:;";~~~;--f 1 ,~~ ., -C. .,~ .:\- .~ ( '\;:' ,'j ; 1 ,.: ..';....,,, ....,.~.~*.-~..l i! ' ~ j r iL,i;H";!/~ ib'.}iW'.g.: ...,..~n'-A~- ,--........'....... ....~ I~;; ,::,:t'-~ !'::;.;'.:.,:C:..:.., ..-........o..._t..===-' I=~:.... .. ..c.-.-, .~~-L--~ I=::::.;~;:.....:. ....., .",._.".~.-t._---{ ;;:~~:;: .,;;.....;..."" .".". ._-~ ..' , . i t .. I~:.~~!~..'t.',:"'...~ '~6; ~~~~'~l 1__.......:. .:;!:.:~l.:::~f.q::.':.g:~...,.~...I ... - ... - - - OCT-29-97 WED 12:37 PM EMERGENCY MEASURES ~:.t '}a/29/9? 18:81:46 DKTARIO HVDRD-) 1 " .... FAX NO. '.,: 4308635 P. 2/ 2 43BB&3!i RightFAX Page BB2 .. .-;- .. NEWS FROM ONTARIO HYDRO ... October 29, 1997 ... JlARLlNGT..oN UNITS RF.TURN TO HIGH POWER .. The Darlington Nuclear Generating Station has received Atomic Energy Control Board pennlssion to return its four units to high power. The units, which have been operating at about 55% power level since early summer, had been limited to this power level in order to make changes to the shutdown system computer software and other associated systems. .. ... AECB approval was received late last week following a comprehensive safety system analysis, complete update of appropriate station documentBtion, and training of statio~.staff on the changes. Darlington staff are in the process of returning tho units to high power level. The order in whic~.~e units will return t~ high p-ower is.: Unit 2, 4, 1 and 3. It 'is expected that all units will be at high p~wer by mid-November. ... .. .. On Sunday, October 26 it was decided to shut down Unit 3 to locate and foc a small heavy water leak within the reactor building. In all CANDU reactors there is some loss ofbeavy water, usually about 5. 10 kilograms per hour. The water is collected in sumps and driers, cleaned and re-used. Over the past few weeks,! tho rato of loss in Unit 3 has increased to about 20 kilograms per hour. All the water is being collected, but a short outage will allow crews to locate and fix the leak so the unit can run steadily over the winter months, - 30- .. .. ... for more informa.tion contact Donna McFarlane Public Allairs Manager, Darlington (905) 623.6670 ext. 7248 ... ... "u.___.._... _~._.__...___. Ontcuio Hyclro. 700 ~~veIsity AveJlue . Toronto, Ont~O, MSG lX6 _ Telephone 592.3338 or l..soo.~~-7309 Fax (416) 592-2178 http://www.hyd.ro.on.ca -..-.-..-..--.---..- ---'''---.-..--. -.--....--.- ---.- .. .. . "" .. - - Council Number Communications for Direction November 3, 1997 Suggested Disposition For the direction of Council. " - D - 1 - D - 2 - - - THAT the correspondence dated October 19, 1997 from Faye Langmaid regarding the condition of street tre~s in the municipality, be received;' THAT the correspondence be referred to the Director of Planning and Development and the Director of Public Works for appropriate action; and THAT Faye Langmaid be advised of Council's decision. D - 3 For the direction of Council. - D - 4 For the direction of Council. For the direction of Council. - D - 5 - D - 6 - - THAT the correspondence dated September 5, 1997 from various residents of Orono expressing support of the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for app~opriate action; and THAT Nealey Meadows be advised of Council's direction. - - - - - - - COUNCIL DIRECTION 0-1 C.O.M.R.A. CITY OF OSI1AWA MARINE RESCUE ASSOCIATION FAX MEMO FROM: CAPT. ROB PLATT VICE COMMANDERlCOMRA TRAINING OFFICER CELL W. 905-404-5058~ WORK # 905..728-3951 FAX # 905-728-3657 TO: ~Ii,ei E /I1tJ"'-n""", . j I?bl s () t(,fs72..- I cJJiHu",& 7 (J>- . FAX # 1 nt. PP,f/' 8n f2RJ ~ (, d '3. If( (/7 . MESSA~E: . i ~ UL~ 1k 0-r\L~ u 0v0 ~C if hoJ /17 i~~ ! 1;- C() rf6 ~~ %00 -. " . _ ".' " , 0' ffi1i<k tL cJJ";j ~tJ -D{'~: Wffi. & 'I 0 cuci. - ---tM ~ ao 00. ccdJ2 ~ ALJ &v-<j ~~~ - , i THI! .j . CORPOAATIoijOF THE CITY OF 06HAWA - - - - - - - Q..... - - - - {r4J:Q ~:J ~1 -!6J,)JlW.l T" , .. IIl!IIlI!lII IlIIlIIIIlS ___ . I II I . I '_IUURl_~ Ps - - - - - MAILINQ ADDRESf\= P.O. Box 84' Oshawa, Ontario L 1 H 7N 1 CANADIAN COAST GUARD AUXILIARY Canadian Marine RekUe Auxiliary (Central) Inc. - - "'~............:'. ~ . ...., .. I ill ~...-.~...-.-......_.------- ----.- --'-1 ! O' :C:Tr..H8UTION I I !-..-J' 't... . i . I ! CLUt., ...-.-.---------- I : , ~.f/.. t:.:: .._.--71..--- __.H__" \ ~ ) i q':l"!:..:~ ,:,.~~ ! '.;..,.... ..- "T()-J~ LL;""Lm:j'" . L_........H...-. . .- - . .. - . I l.............._..~_.- ....-.. I i............ .- --.. ; . ..,.----. I .-.... ..-1 I....,....... . I........ STREET AODRESlr----': I : I .. " .lEU.5Simc.oe,.St..s....-- r- "'Oshawa. OntArio ~1~.. \~;....... -. (905]'576~tY44ti . ! .-.:.;..riTC;/~:-.-~ .-.,.--; ... 3391 Glenwood Avenue - Windsor, On tario N9E 2Y3 - October 19, 1997 - Town of Clarington - 40 Temperance Street ." Bowmanville, Ontario L1 C 3A6 - - - - - - - - - - - - - - COUNCIL DIRECTION 0-2 .. .....;.t~ "'.l....'r..'.. t:, ~.~ '-"'~ I '\,' '. ., ' ." , "--l \ a. ( ~ : ...\ : 1 . '\11,. t'J" \.; ~",;...l '.., ,. r~ ,_~t WJ' . Q.:,..... .:J- ~~ GC1 2 7 '997 ,. \ .~ ... it ....._')(. or. Clf\HiNG10N l;<.lumC\PAUi\' · OCFICE ~.1 MA'lOR'S' . t Attention: Mayor Hamre AGENDA Ii Re: Street Trees Approximately a month ago, I was able to participate in the Terry Fox Walk in the Town of Clarington. Having grown up outside ofBowmanville I was looking forward to being able to walk along some familiat roads and through the older section of town. Un.fo~ately;my lfsting .. ';. impression is not of the gre~t day, good company or enjoyable exercise. Rather, it is' of a town that is starting to loose one of its most distinguishing features; specifically the street trees and hedgrerows. As we walked along Lamb's, Concession and then through town I recalled how the trees had been vibrant in my youth. Now, many of them are old, in need ofa good trim and failing in health. While I am quite aware that this is the normal life cycle for a street tree and I can recall that they were large years ago (thus, they must be 50-70 years old) there are no new street trees planted to replace these elderly trees. Admittedly, there are new street trees in the new section of town (e.g. Waverley) which is admirable; however, the older section should be addressed. . . .. -;.. .,. . c. ..,..~;A-.. 1_1)\ . .I~~'....... '~'-'r'~'''~' '~i' '. '., ~' ""~ As a suggesti~n,please look into the implementation of a street tre~ replacement or undeiplailting ._..,_._ program for the older areas of town and the roads leading out of town. It is really a ,a;om. ~.' .,'>*Tio N I thought to imagine Bowmanville without majestic tree lined streets.., I . : " - _._-:___.._.._.tr Yours trulv. 0V.l.Lu(7-J ~; "\.. ~..""-'.._".'----"; 1__~~... ,_~_";' ___.. I , , ..! -.\ 1,Y~\~ 1 :......... " -\-=:=j \........ . ',- \ \--.-.. .. . ..; ., l-'::-:- .--'r-q be? 1 : I ,: 1 C- () _ ..~...,. .....-_/;;_.._...."'" ~; 'e:--~" -. --..-..----.-~----.--.....-..,.~ ~~= CORPORATION DE LA VILLE DE / OF THE TOWN OF ROCKLAND COUNCIL DIRECTION 0-3 OCT Z8 2 10 PH '91 1560 rue Laurier Street Rockland, Ontario K4K 1 P7 Tel.: (613) 446-6022 Fax: (613) 446-7320 - Le 20 octobre 1997 / October 20, 1997 - AVIS IMPORTANT .. A toutes les municipalites de l'Ontario afTectees par Ie transfert du service policier - - Le Conseil municipal, a sa reunion reguliere du 14 octobre 1997 a adopte une resolution demandant au Gouvernement de la Province de l'Ontario de retarder Ie transfert du service policier. Ce delai donnerait la chance aux municipalites affectes de negocier Ie service avec la P!Jlice Provinciale de l'Ontario et d' effectUer des analys~s raisonnables de l'impact sur nos impots financiers. .. .. .. Par consequent, vous trouverez ci-joint une vraie copie conforme de la Resolution 1997- 330 a cet effet. Auriez-vous l'obligeance de faire parvenir vos lettres d'appui et projet de Resolution au Premier Ministre de l'Ontario ainsi qu' a votre Depute Provincial. - - Merci de l'attention que vous porterez a cette demande. .. .. - - Administrateur en c Chief Administrati - p.j .tencl. de - IMPORTANT NOTICE To all Ontario municipalities affected by the transfer of the Police Service. Municipal Council, at its' regular meeting of October 14, 1997, has adopted a Resolution requesting the Provincial Government of Ontario to delay the transfer of the Police Service. This delay would allow affected municipalities to negotiate these services with the Ontario Provincial Police and to do a financial study of ::the impact on municipal . taxes. Enclosed herewith for your information, is a certified true copy of Resolution 1997-330. Would you please forward your Resolutions and letters of support to the Premier of Ontario and to your Member of Parliament. Thank you for your support in this matter. D.~: :~,)T!ON 1'- CL~';'.' /~:."tJ..- -... _J.__,.._~ I ~ ~ - ... - ~! __c<~ . . -' ~-. . -.. ; ~._._-_... . i i. 1.----- --_.__.....-f- , t .. .i \ i~l.: _C.lQ-:"'7!lQ.~___ \ . . - - -- - - _.&. ~ <-.-'----... ...--..- -. ., CORPORATION DE LA VILLE DE ROCKLAND CORPORATION OF THE TOWN OF ROCKLAND VRAIE COPIE CONFORME / CERTIFIED TRUE COPY RESOLUTION NU / RESOLUTION NO: 1997-330 "'" "'" Date: Octobre / October 14, 19971 Article #: 6.8 ComiteJCommittee: Gouvernement general I General Government President/Chairperson: Conseiller/Councillor Richard Lalonde ServiceIDepartment: Administration Directeur/Director: Daniel Gatien Propose parlMoved by: ~Conseiller/Councillor Richard Lalonde Appuye de/Seconded by: Conseiller/Councillor Daniel Lagrois "'" .. .. III ATTENDU QUE Ie gouvemement provincial a annonce au courant de la semaine du 13 janvier 1997, Ie transfert de services provinciaux au niveau municipal; et .. ATTENDU que ce gouvemement a confirme que tous ces transferts de services n'augmenteraient pas les taxes municipales; et .. ATTENDU QUE nous avons seulement reyu les couts estimes pour les services policiers, il y a environ un mois; et .. A T'rENDU QUE ces couts estllnes s~ront re~ses et que nous ne les aurons pas avant Ie debut du .. mois de novembre 1997; et ATIENDU QUE nous avons reyu les details financiers des transferts de services de la province la "'" semaine du 6 octobre dernier et que ces donnees financieres ne sont pas assez completes pour que l'on puisse effectuer une analyse raisonnable de l'impact sur nos impots financiers; .. QU'IL SOIT RESOLU que Ie gouvemement de la Province de l'Ontario retarde leur facturation du service policier et que cette facturation soit imposee par etapes au-x municipalites locales afin que l'on puisse s'ajuster financierement a l'impactet que les municipalites puissent possiblement negocier les services avec la Police Provinciale de l'Ontario. ... QUE cette resolution soit acheminee au 576 municipalites affectees par ce transfert demandant leur support. ... .. .. .. ./2 .. .. ... ... - 02- - - WHEREAS the Provincial Government has announced during the week of January 13, 1997, the transfer of provincial services to municipalities~ ... WHEREAS this government has also confirmed that these transfers of services would not increase municipal tax.es~ - - WHEREAS we have received approximately one month ago, the estimated costs of police services~ - WHEREAS these estimated costs will be revised and we will only obtain the revision at the beginning of November 1997~ ... WHEREAS we have received financial details of the transfers of services from the Province, the week of October 6, 1997 and that this financial data is not complete therefore a financial study of the impact on our taxes cannot be made at this time; - BE IT RESOLVED that the government of the Province ofQntario delay the invoicing of the police service and that the invoicing be imposed on local municipaliti~s by stages so that we may adjust financially to this impact and that the municipalities be given the choice to negoti~te these services with the Ontario Provincial police. - - THAT this resolution be sent to the 576 municipalities affected by this transfer, requesting their support. ... - - Conflit d'interet devoiIe par/Conflict of interest declared by: - AdopteeJCarried: Qui / Yes - - - - - - ,. ,.'" COUNCIL DIRECTION 0.:4 COMITE QUEBECOIS POUR LE CANADA + QUEBEC COMMITTEE FOR' CANADA. - 6900 BOUL. DECARIE' SUITE 3040 . MONTREAL, QUEBEC' C1Jt!r>l8H3Z 2T8 TEL.: (514) 344..2410 . FAX: (514) 344..2760 11 PH '97 - Le 15 octobre, 1997 - - Municipality of Clarington 40 Temperance Street Bowmanville, ON Ll C 3A6 - Cher(ere) Maire et Conseil: - Nous nous adressons a vous pour faire suite a notre requete quant a votre support pour les municipalites federalistes au Quebec et a l'adoption de la resolution.ci-jointe. Jusqu'a present 125 municipalites representant 3,275,327 citoyennes ont adopte la resolution. - D'un bout du pays a l'autre, Ie nombre de personnes appuyant notre cause ne cesse d'augmenter. Veuillez nous aider a mettre fin au d6bat de l'uriite canadienne et faire adopter cette resolution. - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ - . Dear Mayor arid Council: We are writing to you again to follow up on our request for you to support federalist municipalities in Quebec by adopting the attached unity resolution. - Thus far 125 municipalities representing 3,275,327 citizens have passed the resolution. - Support is mounting from coast to coast, please help us put an end to the Canadian Unity debate and pass this resolution. .. Thanking you once again, we are Yours very truly, COMITE QUEBECOIS POUR LE CANADA QUEBEC COMMITTEE FOR CANADA ---- ~-.-_.-.-~..---- ----- "..'--'--"-, i l--.:.<-r~' "t('}N 1 \ :-.~. -)/0_-- '-.''-'.'-~~,J : ~v~\. ~tl;i;&<!~ - - - Q~ h., ~1A .-..... .-; Gary D. Shapiro Chairman ~#A4t!J~~ Anthony Housefather Executive Member .---p.. .......; ; , ---.-....- ; - enclosure ..__._~-~ i '. -..--........ , - ....".--- . . . _ ~_---l . l -.. -..- -.-...---.....-------1 --{! { 0 . (-j C?.__.... ~ - "'" .. .. PROPOSED DRAFr RESOLUTION .. WHEREAS the population of the yrovince of Quebec voted against separating from Canada, both in 1980 and in 1995 ; and till WHEREAS the current government of Quebec has repeatedly reiterated its desire to hold yet another referendum on Quebec separation; and ,~f, IlIIi WHEREAS there are many loyal Canadians in Quebec who, via resolutions of their local city councils, have declared that it is their wish to remain part of Canada, irrespective of any future referendum result; and III WHEREAS those city councils have requested the support of Canadians outside Quebec in their effort to remain Canadian .. Be it resolved THA T the City of supports the initiative of those municipalities in Quebec who have declared their intention to remain part of Canada irrespective of any future province wide vote for separation. till THA.. T the City of demands that the government of Canada and the government of clearly and unequivocally state that they support the right of federalist municipalities and regions within Quebec to remain pan of Canada, today and in the future, in accordance \vith the legal, moral, political, constitutional, and territorial obligations of our nation. .. .... THA T copies of this resolution be forwarded to the Prime Minister of Canada, the member of Parliament from and Quebec, the members of legislature, the Premier of the union of municipalities, all municipalities, the Federation of Montreal Urban Community, and ail municipalities on the Island oCvlomreal, all Provincial Municipal Associations. ... .. .. .. .. .. III ... - - - - - - - - - - .. . - 1595. cour Telesat Court P.O. Box I C.P. 8333 Gloucester. Ontario K 1 G 3V5 (613) 748-4115 FAX: (613) 748-4354 COUNCIL DIRECTION 0-5 ...~, ""'~f"-;-':" f'~ 1 ~ "~.~',.! <'"ill 1 r.' ( ; 1~ : ;, . .;.~ ';"~: .~.r~ <~~ .: .~i; :..j,'J > .. ~~~"\ ~:\ ~::~,: 'J) Claudette Cain MAYOR MAIRE 'l~T 2 4 1997 ,.L Ocr Zy 2 24 PH '97 "'I".ili'IPA!lTY Of CL.ARiNG1C~'.) .,..1~d\1'h.'" .- MA"!On's.OfH~ Gloucester October 21, 1997 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 ..., ,.,."., f.\~,O f\ ..;.;~' (, ; (;"" .\\." ", 1i ".' ~ 1l ~,:t ~ .. To The Head of Council: Re: Payments-in-lieu of taxes Within Bill 149 is a provision that allows the Minister of Finance to make regulations with respect to the sharing of payments-in-lieu of taxes. It means that, at anytime starting in 1998, the education tax rate portio~ .of resi4ential and commercial.paym,!!Us-in-lieu of taxes that your municipality currently retOlns to finance local operations could be redirected'io the Province to finance education. I am writing to you today because I believe we need to make a strong statement to the provincial government that we need to know their intentions immediately to plan for 1998 and the future. If the result is a budget issue for municipalities we need to know how the Province intends to solve it. Please write to the Premier and the Ministers of Finance and Municipal Affairs and Housing asking themfor.en immediate response to these two questions: 1. What are your intentions with respect to the sharing of the education portion of ._." __ . ..'_ _. ._ .__.J]ayments-in-lieu of taxes collected by local municipalities in 1998 andfuture i c::-; ;'/spq~'-:... 'I' iON years? , - ~ -.... ! . .._" ,.. ____I ; ....... /lei /- ~ if these revenues are redirected to fund education provincially, how does the , ." A;;Jau~ernment intend to solve the municipal budget problem resulting from the loss 1- '--'-" :-- .._~_. --- .of these locally raised revenues? }..a- - -1 I ; 1----- . t_ __~'_""~_ . Sincer:ety, i \-------i r-:_~~ ~ ,- -,-' r-;!!!:CQ91;t/? ( _ h- I r f1 -.'~ _-.~.~ The Corporation of the City of Gloucester - La vi lie de Gloucester ". - NOTE: Duplicate letter ceceived from 29 area residents. COUNCIL DIRECTION 0-6 - DCT 24 2 25 PH '97 - September 5, 1997 - p.. ~s ; (1'1 Mayor Diane Hamre & Council Members: .. - .. I Affl (f'y ('(f- Af'D..~ ~_' representing fJ~Pr ~(!'f-^tr in Orono, wish to indicate my support of the proposed Lishman factory. - This factory will be an asset to the Town of Orono as it will - bring: - l. 2. - ..., .;l. 4. 5. Growth Job Creation Revenue. t.hrough taxes. . 'Future lan'd development' - housing and business Assist in our bid for sewers The Town of Orono must grow in order to support the current business operations, and this factory will provide growth -which we need. I hope council will support this proposed factory. - ~ ~cdO{L4' - - r~.f:;-i~;mJ -;lON~'t 1 ~I~~:::.i'-'~.~.== ~ l!:::.-:.'~~ i ..u.;.. .....:~.. .. ":_~-l!-~--'~-~=~.='. ~_. ." .. t :. . . .. "- . _..--...~--_..-...~ : f. ~_.,_..__~._. "'"'_ ,.n _~___. .._......--_....~ i : "-1'.---.. _.,.fl_. I i i .._.;,...._ ...~..~J r" - . , l,-~...-._--. ~-- ......-.,-...- i-..---.... . .. ..-!.----1 t"._h"~'" - _...~ i 1-~ D !4()riJ'".CZJ;' t); f - - - - - - - - Meeting: Date: - Report #: Subject: - REPORT #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T REPORT COUNCIL MEETING File # Res. # By-Law # NOVEMBER 3, 1997 AnMTN-4Q-~le #: OLDER ADULTS CE~TRE, BOWMANVILLE - Recommendations: It is respectfully recommended; - 2. - - 3. - 4. - 5. - 1. THAT Report No. ADMIN-49-97 be received; THAT Council waive the Purchasing By-law 94-129 in order that an agreement can be made for architectural services for the project with Barry Bryan and Associates Limited at an estimated cost not to exceed $85,000.00 which is included in the construction budget; THAT staff be directed to proceed to tender for the renovations to the first floor o~ the Older f\dults .Centre; based oil the final floor plan as agreed to by. the Older AdultS- .. Committee, and report back to Council; THAT staff prepare a management agreement and lease between the Municipality and the newly incorporated Clarington Older Adult Association Inc. (presently the Older Adults Committee), for Council's consideration; and THAT copies of Report ADMIN-49-97 and Council's decision be fOlwarded to the Older Adults Committee for their information. .. 1.1 1.0 BACKGROUND: - - 1.2 - 1.3 - - - On October 6, 1997, Council approved ADMIN-43-97 (Attachment #1), directing staff to meet with the Older Adults Committee to refine the floor plans for the renovations of the new Older Adults Centre. The enclosed floor plans (Attachment #2) have been discussed with the Older Adults Committee, and will form the basis of the renovations to be identified in a tender call co\-ering construction. The preferred plan accommodates the program requirements of the Older Adults Association. The higWights of the concept plan are an auditorium/activity area, new kitchen, ne\'" barrier free washrooms and a new main entrance and libraryllounge. AfCVCllD~"A"If.fl P"Plll ~IUCVClE nus IS pr\lN1t:O~RE:CVCU:Of'''P(R REPORT ADMIN. 49-97 2 .. 1.4 1.5 1.6 The recommended floor plans have provided for access to the second floor and basement areas as well as designating the elevator area. It is important to include the location of these three items to avoid additional costs in the future of reorganizing the space. This was not included in the floor budget estimate prepared in July but will be accommodated in the overall budget of the project. The Building Department has reviewed preliminary conceptual plans of the proposed scope of the works. As there will be an increase in the occupant load of the building, we will be required to evaluate a~d upgrade existing early warning and evacuation systems. The number of fire exits from the basement and an alternative to the main stair will have to be examined. The Consultant will be accommodating these improvements in the scope of work.. Staff reports to Council on July 7, 1997, ADMIN. 35-97 (Attachment #3), that the renovations of the Adult Centre will be focussed on the first floor only in the initial work program at a cost of $912,000. Staff have prepared a phasing program which will be used in the development of the Centre. .. .. .. .. .. .. .. Phase One: renovation of existing main level, building addition, elevator structure, stair enclosures ... Phase Two: elevator:elevator.stiucture basement finishes nursery renovations mechanical upgrades ... Phase Three: bus lane additional parking restoration of windows/stairs 1.7 The entire project including phases one, two and three is estimated at $1,500,000.00. ... .... .. 2.0 2.1 SCHEDULE: In review of the scope of work and the current tenants of the building, it is recommended that the building be closed for four months to complete the approved works. By closing the building, this eliminates the hiring of staff to maintain areas and to avoid construction safety concerns. All users will be notified and provided with contacts of surrounding facilities. This may be an inconvenience to some users but it is the best avenue for all parties concerned. The Tender for the project will be advertised in mid December with closing and award report in January. It is suggested that this is a four month construction project. Tentative opening of the Centre is scheduled for June 1998 in conjunction with Seniors month. III "'" 2.2 - 2.3 .. 2.4 .. .. - REPORT ADMIN. 49-97 3 - 3.0 3.1 - 3.2 - 1. - 2. 3. - 4. - 3.3 - 3.4 - - 3.5 - - 3.6 3.7 - - .. - - - - MANAGEMENT BOARD: Council directed staff to report further on the question of a Management Board to operate the Centre. The main function of a Management Board would be the maintenance and operation of the Centre and would undertake the following tasks: Responsible for all revenues and expenditures as it relates to the building operation. Responsible for administering all terms and conditions of tenant leases. Maintain distinct and regular accounts of its receipts and provide financial records to the Municipality for auditing. Present an annual operating budget to Council for consideration. 5. Recommend capital budget items to Council during the budget process. Through the Management Board structure, all leases including Community Care would be negotiated by Staff and all revenues will be received by the Management Board. This, however, would create a financial problem for the Older Adults Association as it has always been the position of the Association that they would have access to the rental income from Community care to assist iricoveringthe 'costs.of the Seniors programming. Under the circumstances, it is recommended that the Management of the entire facility be the responsibility of the Older Adults Association, providing them with all rental income as well as the responsibility of covering all operating costs of both the Seniors Programming and the building maintenance and upkeep. Staff will assist the Older Adults with negotiating leases with the two major tenants. As the Older Adults Committee is in the process of incorporating in the name of Clarington Older Adult Association Inc., staff will negotiate a management agreement and lease with the new corporation and present same to Council for approval. 4.0 4.1 LEASES: Staff will assist the new corporation in negotiating with the major tenants and terms and conditions will be presented to Council for approval. The major tenants are: 1) Community Care (Main Floor); and 2) Lions Club Nursery School (2nd Floor). As the Older Adults Association have exclusive use of the main area which includes the auditorium/activity areas and kitchen, the Older Adults Association will be responsible for the scheduling/co-ordination of their areas for special .events, weddings, anniversaries etc. 4.2 REPORT ADMIN. 49-97 4 ... 5.0 5.L 6.0 6.1 7.0 7.1 OLDER ADULTS ASSOCIATION: As the Association will be given full use of the ground floor area, it is important that they begin preparing for the operation of their program areas as requests are being received for hall rentals. Staff will assist the Association in co-ordinating, making arrangements and assisting the public for this significant revenue provider. It is important that the following items be addressed in a timely manner: 1) staffing; 2) booking arrangements; 3) bar selVices; 4) kitchen selVices; 5) security for special events; and 6) furnishings. ... WI! ... ... .. .. BUDGET: As indicated in Report ADMIN-35-97, the budget for the building acquisition and upgrades was estimated at $1,349,750.00. The building upgrades, based on the technical audit report prepared by Barry . Bryan. Associates Limited, was $912,000.00, w~th funding h.eing ,derived . . from the Impact Escrow Fund, Account #5001-50-X, as previously' approved by Council. ... .. .. ARCHITECf: .. The firm of Barry Bryan Associates Limited has been preparing the floor plan layout and budgets of the Centre since the July 7th meeting of Council. This firm prepared for Council's review two technical audit reports on the Bowmanville Lions Centre. As the floor plan review is complete, the Municipality must engage an Architect to prepare tender documents and contract administration. Based on this firm's familiarity with this building and their experience in dealing with Older Adults Centres, staff are recommending that the Purchasing By-law be waived and that an agreement with the firm of Barry Bryan be approved to an upset fee of $ 85,000.00. The Purchasing Department is in agreement with this recommendation. ... .. ... ... Respectfully submitted, .. w.~ Chief Administrative Officer .. .. WHS:FH:sa .. - - - - Meeting: Date: - Report #: Subject: - - ATTACHMENT #1 TO REPORT ADMIN. 49-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITIEE File # Res. # By-Law # OcrOBER 6,1997 AnMTN-4~-91IIe #: BOWMANVILLE LIONS CENTRE Recommendations: I t is respectfully recommended that the General Purpose and Administration Committee recommend _ to Council the following: 1. - 2. - 3. - 1.0 - 1.1 THAT Report No. ADMIN-43-97 be received; THAT funds for the purchase and renovations be derived from the Impact Escrow Fund 5001-50-)(; and .. THAT the attached By-law marked Attachment No.1 be approved authorizing the Mayor and Clerk to execute the necessary agreemen{. - 1.2 - - 1.3 - 1.4 - - - BACKGROUND: As approved in Report ADMIN-35-97, staff have completed the agreement for the purchase of the Bowmanville Lions Centre. The Bowmanville Lions Club have indicated their approval to the offer to purchase for the amount of $425,000. with a closing date of January 2, 1998. The Lions Club have also submitted a list of furnishings which were excluded from the purchase agreement. This list has been forwarded to the Older Adults Centre Committee for their review and recommendations. The Bowmanville Lions Club are dealing with the property issues and will provide clear title to the Municipality upon closing. Staff continues to meet with the Older Adults Centre Committee to refine the floor plan for the building. The Architect and staff were in attendance at the Fall Open House of the Clarington Older Adults and received input to the preliminary design. As Council is aware, the scope of work to be included in the project is confined to the main floor. The Architect will be meeting with the Building Department to review modifications and existing conditions as it relates to the Ontario Building Code. 1'"1 .. REPORT ADMIN-43-97 - 2 - OCTOBER 6, 1997 .. Fred Ie oIVath, RD.M.R, RR.F.A. Prop Manager FH:sa Attachments 1.7 1.5 Funds for the purchase and renovations of the building will be derived from the Impact Escrow Fund, Account No. 5001-50-X. Once the floor plan is recommended and the Clarington Building Department has reviewed the drawings, a schedule for construction will be provided and users of the building will be advised. Preliminary discussions have been held with some of the tenants and it is expected .... that notification as to schedule etc. will be released before the end of October. As deferred from the Council meeting of August 18, 1997 the structure of the Management Board has yet to be finalized. Staff are suggesting a maximum offive community members and two members of Council to form the Management Board. The Clerks Department will be requesting volunteers to sit on the various Boards and agencies for the next term of office in December, and it is suggested that the Management Board for the Centre be included. .. .. 1.6 .. ... .. ... .. . Reviewed by, .. ~ W. H. Stockwell, Chief Administrative Officer .. .. ... ... ... ... .. .. ... .. - H ~ o p.., w ~ :::) ~ N ~,....... 0\ '-l I ~~ ~. ".) Z :t:H ~~ ~~ .. - .. - - - - .. - .. - - - ~O~ ~ ~ !Y ~; I~.o Il III il. r-l~~... t '!III ~ ~ ffi :( ~ Ii~. I ~ it -( \l ~ j ~ ~i!J , d ~ ~ ~ ~~. I ~ ~I I ~ ":I 2 () \l 3nN3^V ~ " $ ~ ~ ~ i ~ I i .1:~.111. ~ ;.~ .. .. ~ ~~(6. tll .!~'l .. ~ ffiI: h ~. Iii Ii \l9z;!l~ ~.. ~ ~ o~ i It I ~ :r 3 ~ 3 I- .. .. ... -- ... .. .. ... z .c{ ~ Ii o () ~ -1 t IL i Q' z ~ ::l ~ ~ ~ I ... I ... ! I i I .. I .. .. ... - - - Meeting: Date: - Report #: Subject: - THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON ATTACHMENT #3 TO REPORT ADMIN. 49-97 REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JULY 7, 1997 File # , -d7~' Res. # (- - ,J 7 ' - Y / By-Law # A OMrN-35-9111e #: '. . CONFIDENTIAL OLDER ADULTS CENTRE - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. 2. - 3. - 1.0 - 1.1 - 1.2 - - - - - - - THAT Administration Report No. ADMIN-35-97 be received; and THAT Council provide direction to Staff with regard to the stated offer to sell from the Bowmanville Lions Club and to execute the necessary agreement to the satisfaction of the Chief -Administrative Officer. THAT the Older Adults Centre Committee be advised of Council's decision. BACKGROUND: 1.3 Further to Council's direction at the meeting of June 9th, 1997 staff met with representatives of the Bowmanville Lions Oub with regard to the sale of the building and property at 26 Beech Avenue, Bowmanville for an Older Adults Centre. Staff have reviewed the existing report by the Consultant and focused the review on developing the main floor area of the current Bowmanville Lions Centre. This review has been completed and should be considered only as a guide in establishing a purchase price for the building. The estimate prepared as of June 30, 1997 indicates the following: Building retrofits-foundation, roof, brickwork Electrical and Mechanical Upgrades Code Upgrades Building Expansion (4000 sq. ft.) 8ite works Kitchen Modifications $ 19,600. $ 128,640. $ 96,715. $ 592,125. $ 75,000. $ 912,000. .' ~ _'h__ ....__:-._ . ../2 '. '~'. ~. ~ . ....c.uc. (::;I;\ ...,..... .~"(. W~ 1HIS1ISI"fIW<<tO(JI(~~ "....\;.~)~~tl-"" .~~. J .,,;:.';<.:.. :'. '~;._' . f' .' . . REPORT ADMIN-35-97 -2- JULY 7, 1997 till .. The Clarington Building Department has not been contacted with regard to any of the proposed works and may have comments as to existing conditions and modifications under the Ontario Building Code as per Council's request. The Bowmanville Lions Club have submitted a letter indicating a selling price of $425,000. which was passed at a meeting of the Lions Club on Wednesday, July 2nd and excludes all furnishings and equipment. ../2 Discussions with the Older Adults Centre Committee regarding floor plans etc. has not taken place but have been appraised of the recommendations of the report. The overall budget for the creation of an Older Adults Centre at the Bowmanville Lions Centre based on the current information is as follows: Purchase of the Property from the Lions Club $425,000. Building Upgrades 912,000. Goods & Service Tax 3% 12.750. $1,349.750. It should be noted that the property evaluation was estimated at $758,000. without rehabilitation costs being considered. 1.8. . The offer to 'purchase is to be based on the following: 1) Deal to close in FaIl 1997. . 2) Municipality to honour existing rental agreements for the Hall i.e. weddings. 3) 'The Bowmanville Lions Club will provide clear title to the Municipality upon closing. If Council directs Staff to accept the Bowmanville Lions Oub proposal, Staff will work with the .. Lions Club to finalize the agreement and transition and report back to Council for approval of the agreement. 1.5 1.6 1.7 .1 2.0 2.1 1.4 .. ... .. ... till .. .. .. ... ... .. Daros Investments ... A letter dated June 25th, 1997 has been received from Daros Investments indicating their fee of $1,700,000. plus GST and the issuance of a bond from a surety company acceptable to the Municipality for the construction of an Older Adults Centre on the John Rice properties. ... ... Respectfully submitted, Reviewed by, .. - Frederick Horvath, R.D.M.R., R.R.F.A. Property Manager -FH:pg W. H. Stockwell, Chief Administrative Officer III .. - REPORT #2 THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON T~~~ - REPORT - Meeting: SPECIAL COUNCIL MEETING File # Res. # By-Law # Date: NOVEMBER 3, 1997 - Report #: (;D-4 9 - 97 File #: Subject: MUNICIPAL ELECTIONS 1997 - - Recommendations: It is respectfully recommended to Council: - 1. THAT Report CD-49-97 be receivedj - 2. THAT a voting location be located at Memorial Hospital, Bowmanville from 11:00 a.m. to 12:00 noon, November 10, 1997; - - 3. THAT a voting location be. located~at the Durham Cou::ty Seniors Citizens Lodge, Orono from.1:0d p.m. until 3:00 p.m., November 10, 1997; 4. THAT the appropriate by-law be presented to Council; and - 5. THAT all candidates of the 1997 Municipal Election be advised of Council's decision. - BACKGROUND AND COMMENT: - The Municipal Elections Act states that voting locations ~ust be located in retirement homes, including nursing homes. Lecations have been planned for Marnwood Nursing Home, Strathaven ~ifecare Centre and Versa Care Lifecare Centre. Report CD-33-97 iealt with operating hours of these three locations, as is now addressed by the Municipal Elections Act. Since the establishment of the various locations, it has comes to s~aff's attention that the residents of the Orono Senior Complex ~ave difficulty in independently accessing the voting locatic:: at which they are to vote. In order to accommodate these 52 residents, it is recommend~ that a voting location be established at the lodge to be open from 1:00 p.m. until 3:00 p.m. - - - - - - ,.(J;\ 0'.."" '+t::!:;;I "1','<.01 .. Report CD-45-97 - 2 - November 3, 1997 .. Also, the Municipal Elections Act indicates that a voting location place will be provided on the premises of an institution in which 20 or more beds are occupied by persons who are disabled, chronically ill or infirm as of Nomination Day (October 14, 1997). The number of beds occupied in the Chronic Care Unit of Memorial Hospital, Bowmanville is 20. In speaking with staff of the hospital, it has been determined that a period of one hour would adequately allow these individuals to cast their ballots. Accordingly, it is recommended that the voting location at Memorial Hospital be open from 11:00 a.m. until 12:00 no / Respe6tf Reviewed by / "'" .. ... "'" ~ .-fJ A.M.C.T. ~~> W.H. Stockwell Chief Administrative Officer .. .. PLB ~ .~ .. ... .. .. .. ... ... "'" .. .. .. - MUNICIPALITY OF CLARINGTON - - BY-LAW NO. 97-242 - - being a by-law to establish hours of operation for voting locations Memorial Hospital, Bowmanville and at the Durham County Seniors Citizens Lodge for the 1997 municipal election - WHEREAS Section 43(1) of the Municipal Elections Act, R.S.O. 1990 states that the council of a local municipality may pass a by-law with respect to a voting place located in a retirement home and an institution in which 20 or more beds are occupied by persons who are disabled, chronically ill or infirm, providing for reduced opening hours; - - NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON: 1. THAT the voting location to be located at Memorial Hospital, Bowmanville on November 10, 1997 be open from 11:00 a.m. until 12:00 noon and the voting location to be located at the Durham County Seniors Citizens Lodge on November 10, 1997 be open from 1:00 p.m. until 3:00 p.m. - - --~ . ~'-.... - By-law read a first and second time this 3rd day of November 1997. - By-law read a third time and finally passed this 3rd day of November 1997. - - Diane Hamre, Mayor - Patti L. Barrie, Clerk - - - - - .. - - Meeting: Date: - Report #: Subject: .. .. REPORT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ON: AOMIN-47.97 REPORT Council Monday, November 3, 1997 File # Res. # ADMIN-47-97 File #: ~, By-law # PRINCIPLES OF UNDERSTANDING BETWEEN BLUE CIRCLE CANADA INC. AND THE MUNICIPALlPf OF CLARINGTON ON THE IMPLEMENTATION OF THE RECOMMENDATIONS OFTHE WATERFRONT REGENERATION TRUST REPORT ON WESTSIDE MARSH f I - Recommendations: - .. 2. 3. - .. 4. - - 5. .. 6. - 7. - - It is respectfully recommended to Council the following: 1. THAT Report WD-64-97 be lifted from the table and received for information; THAT Report ADMIN-47-97 be received; That the Principles. of Understanding between Blue Circle Canada Inc. ("Biue Circle") substantially in the form and content of Attachment #4 be approved and that the Mayor and Clerk be authorized to execute the Principles of Understanding on behalf of the Municipality; That subject to the Director of Public Works advising Council that the extension of the haul road has been connected to Waverly Road to his satisfaction and the portion of the haul road identified in Attachment #2 to this report is in a condition appropriate for a public highway, Council approve the Lease of the land for the Temporary Public Highway from Blue Circle to the Municipality and authorize the Mayor and Clerk to execute the Lease on behalf of the Municipality substantially in the form and with the content of Attachment #9; That Council pass a by-law dedicating the Temporary Public Highway in accordance with the Principles of Understanding; That notwithstanding Section 7 of By-law 95-22, Council pass a by-law declaring Proposed Closure Area A and the abutting reserves as defined in the Principles of Understanding to be surplus pursuant to Section 193 of the Municipal Act; That following the dedication of the Temporary Public Highway, as a public highway, Council pass a by-law to close that portion of Waverly Road identified as Proposed Closure Area A and authorize the conveyance of it and the abutting reserves to Blue Circle in accordance with the terms of the Principles of Understanding; 8. That Council authorize staff to take all necessary actions to obtain the senior government approvals referred to in the Principles of Understanding; - - REPORT ADMIN-47-97 PAGE 2 12. 13. 9. (iii) (iv) 10. That conditional on the payment to the Municipality of $707,800.00 by Blue Circle Canada Inc. on the Closing Date as defined in the Principles of Understanding and payment by Blue Circle Canada Inc. of not less than $70,000.00 to CLOCA or not less than $94,500.00 to the CLOCA Foundation, Council: (i) appropriate $691,800.00 comprising $375,odruoo from Account 2900-18-X (Pits and Quarries Reserve) and $316,800.00 from' Account 5001-6-X (Roads Capital Reserve Fund) for the reconstruction of Cove Road, the construction of the Westside Creek Bridge and the improvements to the Blue Circle Haul Road; transfer $100,000 from Account 2900-18-X rits and Quarries Reserve) to a reserve fund to be established for the pre~flration and implementation of a management plan for the Wests ide Marsh land Bowmanville Marsh wetland complex; (ii) approve the payment of one-half of all government fees and taxes up to $5,000 payable on the registration of transfers to CLOCA, such monies to be appropriated from Account 2900-18-X (Pits and Quarries Reserve); and approve the payment of additional costs associated for consulting, legal and any additional studies required from the Contingency Account 7007-X-298 (best estimate approximately $75,000.).' . . That staff report back on the status of negotiations for the acquisition of interests in land required for reconstruction of Cove Road, the construction of the Westside Creek Bridge and approaches to them; 11. That Council direct that notwithstanding By-law 94-129 as amended (the Purchasing By- law) the tender documents for the reconstruction of Cove Road and the construction of the Westside Creek bridge and the accesses to it shall require that aggregate and concrete be purchased from Blue Circle at prices not to exceed then current market prices for these products in the Municipality; That Council approve the making of a management agreement between the Municipality and CLOCA respecting the future public lands identified in the Principles of Understanding which are to be transferred to CLOCA addressing among other matters, the issues set out in Attachment #6 and pass a by-law to authorize the Mayor and Clerk to execute the same on behalf of the Municipality; That Council approve Modification #170 to the Clarington Official Plan as contained in Schedule "M" of the Principles of Understanding as contained in Attachment #4 to this report and that the Region of Durham be requested to: · approve the portion of the modification related to the Cove residential area; and · defer approval of portion of the modification related to the Blue Circle lands until the Temporary Public Highway referred to in the Principles of "'" .II .. .. .. .. "'" ... ... ... ... IIlIII ... ." .. ... .. .. .. .. - - - 'lIII - - 16. .. - 17, .. - - - 18. - REPORT ADMIN-47-97 PAGE 3 Understanding is closed as a public highway and the Lease of the Temporary Public Highway is released to Blue Circle; 14, That the Region of Durham be requested to modify the Durham Regional Official Plan as contained in Schedule "L" of the Principles of Understanding as contained in Attachment #4 and request the approving authority under the Planning Act not approve the same until the Temporary Public Highway referred to in the Principles of Understanding is closed as a public highway and the Lease of the Temporary Public Highway is released to Blue Circle; 15, That the Rt. Hon. David Crombie and the Waterfront Regeneration Trust be requested to obtain assistance from the Province of Ontario or caher sources to provide matching funding for the preparation and implementation of a e~vironmental management plan for the enhancement of the provincially significant wetland functions in the Wests ide Marsh/Bowmanville Marsh complex on the basis of matching funding; and That Council approve the content of the letter contained in Attachment #5 to Blue Circle Canada Inc. that conditional on satisfaction of the conditions set out in it the Municipality would not object to an increase in the maximum amount of the annual tonnage that may be extracted from the quarry from 3 to 4,5 million tonnes; That conditional on thl? actions required to be undertakenp;rior to and on the "Closing Date" as defined in the Principles of Undertaking being completed, staff be authorized to undertake all necessary steps to implement the Principles of Understanding including but not limited to: . the preparation of working drawings, specifications and tender documents as well as calling tenders for the construction and installation of the Cove Road improvements and the Westside Creek bridge; · the holding of a publiG meetings to consider the amendments to the zoning by- law referred to in the Principles of Understanding; THAT Blue Circle Canada Inc" the Port Darlington Community Association, the Waterfront Regeneration Trust, Central Lake Ontario Conservation, Ontario Hydro, the Region of Durham Planning Department and the interested parties listed in this report be advised of Council's decision, - - - - - .. REPORT ADMIN-47-97 PAGE 4 ... EXECUTIVE SUMMARY ... 1. Municipal staff and Blue Circle have been meeting to settle the terms of the Principles of Understanding to implement the recommendations of the Waterfront Regeneration Trust regarding Westside Marsh. The details on the background to the negotiations are contained in Section 1 of this Report. . ~ .. 2. At recent meetings. of Committee and Council, residents have raised a number of concerns with respect to the proposals. While many residents appear to support the prine/pIes of the arrangement, a number of specific issues of concern have been raised and certain individuals have objected to the proposed solution. These are outlined in Section 2 of this report. ~ The main elements of the Principles of Understanding contained in Sections 3-10 of this report are summarized below: ffIIII ... 3. .. SUMMARY OF MAIN ELEMENTS OF PRINCIPLES OF UNDERSTANDING .. Item Blue Circle Municipality of Clarlngton Closure and It is the intention of the parties that the Conveyance of MuniCipality will close Waverly Road in two Waverly Road stages. Closure Area A (southerly 1.36 ha) will be closed and conveyed prior to the Closing Date. It is the intention that Closure Area B (the northerly 0.57 ha) will be closed and conveyed to Blue Circle after the Cove Road/Westside Creek Bridge works are completed and dedicated as a public highway. Temporary Public Blue Circle will improve and lease a The Municipality will credit Blue Circle for Highway portion of their haul road and its one half of the costs of the road extension to Waverly Road to the improvements for the temporary road at the Municipality for nominal consideration time of Closing. until such time as Cove Road is reconstructed and Westside Creek Bridge is constructed and both are dedicated as public highways. Conveyance of Lands At the closing date, Blue Circle will The Municipality will close and convey 0.74 to CLOCA convey approximately 43 acres of lands acres of Waverly Road to CLOCA. comprising portions of the Bowmanville Marsh, valleylands and the Marsh Link Area. Blue Circle will also convey in escrow approximately 67.5 acres of the Reconfigured Marsh. The conveyance of these lands will be completed upon the closing of the Temporary Public Highway and the release of the Lease of it to Blue Circle. Certain easements will also be transferred to CLOCA. .. ... ..Ii ... .. ... .. .. fill ... .. - - REPORT ADMIN-47-97 PAGE 5 - Item Blue Circle Municipality of Clarington Westside Creek Blue Circle will construct tl,e creek Diversion diversion at its cost. The diversion works include the construction of an overflow channel to provide flood relief. 'il Fisheries Habitat Blue Circle-will construct fisheries habitat Compensation compensation works at its cost. Bridge and Road Blue Circle will contribute $707,800. The Municipality will construct the bridge Construction towards land acquisition, bridge and road and road improvements for an estimated construction works. ~st of $1.4 million dollars. Land Acquisition for The Municipality is responsible for acquiring Bridge and Road Cove Road and the lands needed for the Works bridge. The appraised land costs have been included in the cost-sharing arrangements. Any additional costs would be borne by the Municipality. Emergency Route Blue Circle will licence to the Municipality an emergency route to and from Highway 401 for fire, and other emergency . vehicles and for residents in the event of a flood. The route would utilize internal haul roads and be relocated from time to time in accordance with Blue Circle's operations. Aggregate Supply The Municipality will purchase all aggregate and concrete required for the Cove Road and bridge construction from Blue Circle at market prices. Fisheries Agreement Blue Circle, CLOCA, the Ministry of Natural Resources and the Department of Fisheries and Oceans will sign a Letter of Intent which will detail the works to be done, timing of construction, and monitoring activities. Maintenance and Blue Circle will enter into agreements Monitoring Agreement with CLOCA and Ontario Hydro regarding the issues of the stability of the channelization works, liability, monitoring program, maintenance procedures and costs. Management Blue Circle will contribute not less than The Municipality and CLOCA will have a Ii Agreement either $70,000 to CLOCA or $94,500 to joint management agreement for the lands. the CLOCA Foundation for start-up costs. The Municipality will contribute $100,000 towards the start-up costs. - - - - - - - - - - - - - - - - Item Blue Circle Municipality of Clarlngton Waterfront Trail Blue Circle will relocate a portion of the waterfront trail at its cost and ensure that it will generally be open between April 1 '~ and October 31 st during the construction period. . Security Fence Blue Circle will install a 6 ft. high chain link security fence around the perimeter of their lands once they commence quarrying east of Waverly Road. " Official Plan Blue Circle will not object to modifications ~e Municipality will proceed to adopt to the Durham and Clarington Official modifications to the Clarington Official Plan Plan provided that the approval is and request modification to the Regional withheld until the Temporary Public Official Plan. Highway is closed and the Lease is released to Blue Circle. Zoning By-law Blue Circle will not object to the passing The Municipality will proceed to enact two of two zoning by-laws, the latter to be zoning by-laws to rezone the lands EP. The enacted only aft~r the lease on the haul first by-law would be enacted as soon as road is surrendered. p,?ssible. The second by-law is affected by the existing aggregate licence and would be enacted only after the licence is amended and the lease on the temporary haul road is released. REPORT ADMIN-47-97 PAGE 6 4. The financial arrangements provide for an equal sharing of the anticipated total , cost of acquiring lands, construction of roads and bridges and funding the start-up costs for CLOCA to manage the wetland. Due to timing requirements and tax considerations, the costs have been apportioned as follows: Clarington Blue Circle Share Share Total Municipal Land Acquisition and Construction 691,800. 707,800. 1,399,600. Slue Circle Haul Road Improvements O. 14,000. 14,000. CLOCA Management Plan and Start Up Costs 100,000. 70,000. * 170,000. Subtotal $791,800. $791,800. ~1,583,600. Land Transfer Tax 5,000. 5,000. 10,000.** Total $796,800. $796,800. $1,593,600. * $94,500. if donation made to CLOCA Foundation **Estimate only .. .. ... .. ... ... ..Ii ill ... ..Ii .J ... IIIIIl IIIIIl ..Ii IIlIIi llIlI1I III IIlII - - REPORT ADMIN-47-97 PAGE 7 - 1. 1.1 - - .. - - - .. .. - - - - - - 1.2 1.2.1 - - BACKGROUND Overview The Westside Marsh is a provincially significant wetland, the majority of which is currently licensed for extraction by Blue Circle Canada Inc. (~ee Attachment #1) As well, the Marsh borders on approximately 50 dwellings on Cedar Crest Beach Road and Watson Drive, and is also adjacent to a number of dwellings in the Cove Road area, which is a private road. The Westside Marsh is highly valued by these residents, as well as by regional and local naturalists. f Blue Circle Canada Inc. ("Blue Circle" formerly St. Marys Cement) holds a license to quarry limestone on a 252.38 ha parcel on the waterfront. The licensed area is also bisected by Waverly Road, which is owned by the Municipality, and provides road access to the residences on Watson Drive and Cedar Crest Beach Road. Blue Circle also owns several smaller parcels, including a portion of the Bowmanville Marsh, which are not licensed for extraction. The Wests ide Marsh is provincially significant for several reasons: · as an example of old dune succession; · as an example of dynamic beach flora; and · as an example of fen-like habitat which does not occur anywhere else in Durham Region and is considered provincially rare. In addition, Westside Marsh is in a unique position receiving relatively little impact over the years. The bird community numbers in excess of 250 species, including many regionally rare and some provincially significant birds. The wetland vegetation is the most diverse of all of the marshes in Durham in terms of its flora which includes 16 regionally rare species. While much of the wetland will be retained, the loss of the north end of wetland represents the loss of a significant breeding bird population, a vibrant plant community, and amphibian breeding grounds. Waterfront Regeneration Trust Process In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality and Blue Circle, agreed to help resolve the numerous issues related to Blue Circle REPORT ADMIN-47-97 PAGE 8 ... ... operation on the Lake Ontario Waterfront, including their plans to quarry the Westside .. Marsh. 1.2.2 In December 1994, three public discussion sessionsrere held in Clarington to increase public understandin.g of Blue Circle plans and expfore any practical alternatives that provided for both the long term viability of Blue Circle's operations and the preservation of the greatest portion of the wetland possible. On April 5, 1995 the Trust held a fourth public diScus!ion session to outline its proposal on a concept to resolve the primary issues and receive public comments. This was documented in an Interim Report dated June 1995. 1.2.3 1.2.4 The Trust invited a number of interested parties, including local residents, naturalists, the Ministry of Natural Resources, the Central Lake Ontario Conservation Authority and the federal Department of Fisheries and Oceans, to participate in two workgroups to consider habitat issues and other community concerns related to Blue Circle's plans. These workgroups met regularly through the summer and.fall of 1995 to explore issues and review information, and to assist the Trust in the development of options for resolving the various issues. 1.2.5 In November 1995, the Trust released a report entitled Westside Marsh _ Report and Recommendations in which they presented a concept for the preservation of the Westside Marsh. The major recommendations provided in the Report are as follows: · The "limit of extraction" available to Blue Circle on the Wests ide Marsh is to be shifted to the north. This would allow a major portion of the existing Westside Marsh to be retained. This would also provide for an increased buffer zone between the waterfront communities and the quarry. . The remnant wetland should be enhanced and augmented with additional habitat on site or in nearby marshes to achieve "no net loss" overall as a result of the quarrying activities. . The Municipality should close and transfer Waverly Road to Blue Circle, thereby allowing the company to quarry the limestone under the road allowance as well as within the required extraction setbacks (30 metres on either side). The Municipality should provide a new road access to Cedar Crest Beach Road by constructing a bridge and road connections .to West Beach Road. The Trust . ... .. ... ... .. ... ... ... ... ... .. ... .. II .. liliiii - - REPORT ADMIN-47-97 PAGE 9 1.3 Implementation of Trust Proposal 1.3.1 In July 1996, Council authorized Staff to initiate negotiations with representatives of Blue Circle regarding the closure and conveyance of Waverly Road, and the transfer of the retained Marsh and other lands to a public agency. As well, in order to continue public access to Cedar Crest Beach Road once Waverly Road is closed, Council agreed to take public ownership of Cove Road and to build a bridge over the mouth of the Marsh to connect the two roads. - - - - - - . . - . - - - - - -- supported the use of Cove Road as the most direct, least costly and least damaging option. . Westside Creek would be diverted so that it flows through the Ontario Hydro transmission corridor to the north of the Marsh and empties into the east side of the retained Marsh. The diversion was to Be constructed on natural stream principles. . Blue Circle should convey the retained portion of the Marsh, industrially-zoned land to the north of the Cove Community and other smaller land holdings to a public agency to create a community-controlled parkland linking with the existing Bowmanville Marsh. This would create 120 a'res of additional parkland. The Municipality should provide an industrial location for Blue Circle to allow for the relocation of the CBM stone crushing and concrete batching plant. . Blue Circle should set up a Community Relations Committee Representatives of the local community, Blue Circle, Clarington and CLOCA should form a Steering Committee to develop an environmental management plan, co-ordinate education and volunteer involvement and provide advise. . . . . The Waterfront Regeneration Trust, Clarington and the local community should assist CLOCA to find the necessary resources to carry out management and planning activities. 1.3.2 The following actions were undertaken subsequently: · Staff initiated negotiations with the owners of property on both the east and west sides of the mouth of the Marsh to acquire the necessary lands to build the bridge and road approaches. .. - - - . Cornwall Property Consultants Ltd. was retained to undertake an appraisal for the portion of Waverly Road to be closed and conveyed to Blue Circle. .. REPORT ADMIN-47-97 PAGE 10 ... . Bird and Hale Limited was retained to undertake a scoped environmental study to determine the environmental impacts related to the construction of the bridge and road approaches. This report, completed in November 1996, indicates that there are no serious impacts on the natural environment resulting from the location and construction of the bridge and road approaches. The Report recommends a number of mitigative measures tb reduce or eliminate the potential impacts. .. .. .. . Totten Sims Hubicki was retained by the Municipality to undertake an engineering study to determine the final design and location of the bridge crossing and road approaches, including the necessary upgrade, to Cove Road. Two public information centres and a public Jeeting were held as follows: .. . i) A Public Information Centre was held on February 18, 1997 to present and discuss the findings of the Environmental Impact Study with consultants and Staff. ... .. ii) A second Public Information Centre was held on September 4, 1997 to provide information relating to the location and design of the bridge, the road improvements for Cove Road and the approaches on the east side of. the Marsh. Notice of both Information Centres was provided to all residents of the waterlront communities adjacent to the Marsh. .. .. iii) A Public Meeting was held on September 29, 1997 on the application to close and convey a portion of Waverly Road to Blue Circle and to dedicate the Haul Road and its extension as a temporary public highway. .. 2. 2.1 RESIDENT'S COMMENTS: At the September 29, 1997 Public Meeting respecting the closure of Waverly Road a number of residents raised questions and voiced concerns related to the road closure and other aspects of the proposal. Subsequently, on October 6, 1997, a report was presented to the GPA addressing concerns related to the road closure (WD-64-97). At that meeting, more questions were raised by concerned residents. ... .... .. The following summarizes questions and concerns raised by the residents, each are followed by staff's response. .... .. What are the health effects resulting from the aggregate operations (Ie noise, dust and vibrations)? The operation of the quarry can create a number of nuisances which are regulated by the Ministry of Natural Resources (MNR) under the Aggregate ... ... ... - - REPORT ADMIN-47-97 PAGE 11 - Resources Act. However, Staff are not aware of any health effects specifically resulting from noise, dust and vibration of quanying activities. The Ministry of Natural Resources have indicated that they have no knowledge of any studies related to health impacts. I, - - Will well water supply in the Watsons Drive area continue to diminish? In December 1995, residents in the Watsons Drive area experienced well water disturbances after a series of blasts in the quyry. According to a hydrogeologist retained by Blue Circle, the water source in the Watsons Drive area is derived from an aquifer not fed from either the marsh or Lake Ontario. Although the hydrogeologist could not be certain that the disturbances resulted from the blasts, he did indicate that as the quarry moves east, the aquifer would recharge at a much slower rate. Since that time Blue Circle has provided water in a portable cistern to the affected residents. It is Blue Circle's intention to acquire additional residential propertie.s in the Watsons Drive area to alleviate direct impacts on residents. Alternately, consideration would be given to providing in-ground cisterns as a long-term solution. - - - - - - - Will land values in the Cedar Crest Beach/Watsons Drive area decrease as a result of proposal? Staff are not aware of any evidence that would support this conclusion. According to the Trust's report, in most instances, waterfront properties hold their value. The increased open space buffer between residences and the quarrying operation could have a positive effect on land value. - - - Will the length of time children stay on the school bus Increase? Staff have spoken with representatives from both School Boards. They both indicated that the length of time on the school bus would likely increase but only marginally. The school boards want to ensure that there will always be an appropriate turn-around at the end at Cedar Crest Beach Road. This turn-around is currently provided by Watsons Drive. In addition, the school boards indicated that they are in the process of realigning school boundaries as a result of new - - - - .. REPORT ADMIN-47-97 PAGE 12 ... schools opening in Bowmanville and would consider the impact of closing III Waverly Road. Saving only sixty percent of the Marsh is not goo.d enough. Why should we stop here? ~ The agreement reached between Blue Circle and the Municipality, in Staff's opinion, is a good solution for saving a portion of the marsh and meeting the concerns of the residents while maintaining the economic viability of the company. W I III ... .. III When will the CBM aggregate processing operation be relocated and where? The agreement partially implements the Trust recommendation regarding CBM aggregate processing and redi-mix operations on Waverly Road. The Trust recommended that these operations be transferred to an industrial location provided by the Municipality of Clarington within two years <;,f the execution of the agreement. Under the agreement negotiated between the Municipality and Blue Circle, the existing CBM aggregate processing plant and redi-mix operation will be removed within two years of the closing of the Temporary Public Highway on the Blue Circle Haul Road. However, Blue Circle reserved the right to reinstall another crusher on their lands provided it complies with the Official Plan modification. Modification No. 170 to the Clarington Official Plan prohibits the CBM operation within 700 metres of the nearest residence and 150 metres from Lake Ontario, or alternatively is located 10.7 metres (35 feet) below natural grade. .. ... ..Ii ... III III What assurances are there that the marsh link area will come into public ownership? Is there a polley document to reflect this? The agreement between Blue Circle and the Municipality requires the marsh link area to be transferred to a public agency. The transfers will take place simultaneous with the transfer of the first portion of Waverly Road. (See Section 8(a}(ii) of Principles of Understanding). .. III .. What assurances are there that ClOCA will not sell off the marsh? Under the terms of the agreement, the marsh and various other parcels will be transferred at the direction of the Municipality tp CLOCA. The Municipality will .. .. IIIlII - REPORT ADMIN-47-97 PAGE 13 - - retain an option so that if the Authority dissolves or declares the lands surplus to their needs, the lands would be transferred back to the Municipality. - - Will Blue Circle have any form of Interest In tho la~ds to be transferred? Blue Circle will retain some easements to acceSs the diversion channel and dyke for construction and repairs as detailed in Schedule "K" to the Principles of Understanding. A temporary easement will also be retained over the reconfigured marsh to create and maintain fisheries entrncement works as required by Department of Fisheries and Oceans. Blue Cir~le will have no other legal interest in the transferred lands. - - - Why does Waverly Road need to be closed before the bridge is built? Blue Circle was willing to contribute their share of the costs for reconstruction of Cove Road and construction of Wests ide Creek bridge provided that Waverly Road was.c1osed by the Municipality. In .other words, they were not willing to advance the funds on speculation that a future Council would pass the necessary by-laws to close the road. Given the end of term for this current Council and the recognition by all parties of the need to bring this process to a close, it is legally necessary to close the road first while providing for a temporary road on a leased basis until the bridge is actually built and Cove Road dedicated as a public road. The Municipal Act prohibits the closing of a public highway which is the only access to properties unless access is provided by another public highway. - - - - - - Why is the northerly part of Waverly Road deleted from the proposed closure? Blue Circle had originally wanted to acquire as much of Waverly Road as possible under the first phase of the closure. However, this section was deleted to avoid the unnecessary construction of a temporary route estimated to cost $70,000 when that portion of Waverly Road could be used. It also avoids additional unnecessary inconvenience to residents. The Principles of Understanding provide for a second closure of the. northerly part and the Temporary Public Highway after the Westside bridge is constructed and dedicated as a public road (See Section 4 of Report). - - - - - 3. 3.1 3.2 3.3 4. REPORT ADMIN..47-97 PAGE 14 When are approvals for the bridge forthcoming from the various agencies? The status of the approvals for the Westside Creek are reviewed in Section 5 of this report. i, Once Cove Road becomes public, area residents. are concerned that the general public will access the beach over private property. Can signage be provided to direct people to areas that are publicly accessible? Directional signage to public areas along the waterfront will only be considered once public amenities are built along the watftront. THE PRINCIPLES OF UNDERSTANDING The Principles of Understanding will be made fully conditional on the necessary senior government approvals being granted. In the event that all approvals are not granted by December 31, 1999, the Principles of Understanding will unwind and consequently will not bind either the ~unicipality or Blue .Circle after that date. The main elements of the Principles of Understanding (Attachment #4) are set out in the chart included in the Executive Summary and key items are reviewed in detail in the following sections. The implementation of the recommendations of the Waterfront Regeneration Trust will require that: · Blue Circle enter into a legal arrangement with the Federal Department of Fisheries and Oceans, the Ministry of Natural Resources and CLOCA respecting the fish habitat; · Blue Circle enter into a legal arrangement with Ontario Hydro and CLOCA respecting the diversion works and lands; and . the transfer of certain lands to CLOCA, the making of a management agreement respecting them by the Municipality and CLOCA, the preparation of a management plan by CLOCA and the implementation of the plan by CLOCA. CLOSURE OF WAVERLY ROAD 4.1 Closure Areas 4.1.1 The Principles of Understanding outline four proposed closure areas of the road allowance of Waverly Road (see Attachment #2). Only Proposed Closure Area A would .. ... ... ... ... .. ... .. .. ... ... .. ... ... ... .. .. .. .. - REPORT ADMIN-47-97 PAGE 15 - - be closed immediately. The other three potential closure areas would be considered by future Councils. - Proposed To be Use Cori$ideration Closure Areas Conveyed to A Blue Circle Quarry $337,250 B Blue Circle Quarry Part of above C CLOCA Conservation Area Nor>>inal D Blue Circle Buffer Area Blu~ Circle assuming costs of repair and maintenance of the bridge over the CN railway - - - - 4.1.2 Staff previously reported to Council on the closure of approximately 5 acres of Waverly Road through Reports WD-51-97 (August 18,1997), Admin-42-97 (September 29, 1997) and WD-64-97 (October 6, 1997). The latter report noted that Blue Circle amended its application. for the immediate closure and conveyance fro'm the lands advertised in the Public Notice to include only the southerly portion, being Proposed Closure Area A. - - - 4.1.3 The residents of the Cedar Crest Beach Road and Watson Drive areas now have access to their properties only via Waverly Road. The acquisition of Cove Road, its dedication as a public highway, and the construction of the proposed bridge to connect Cove Road to Cedar Crest Beach Road would follow the closure and conveyance of the portions of Waverly Road in question and the acquisitiorrof necessary properties by the Municipality. The Municipal Act prohibits the closing of a public highway which is the only access to properties unless access by another public highway is provided. - - - - In order to address these considerations in the first phase, staff have negotiated for and Blue Circle has agreed to lease to the Municipality the portions of its present haul road and an extension to intersect with Cedar Crest Beach Road as shown on Attachment #2. The haul road and its extension would be leased for a nominal rent from Blue Circle as a temporary public highway. There would be improvements made to the road by Blue Circle prior to dedication as a public highway. In addition, the Municipality would install appropriate signage to direct traffic on the temporary public highway. All of the costs - - - - - - REPORT ADMIN-47-97 PAGE 16 - - 4.1.4 - - - - 4.1.5 - - - - - - associated with the improvements to the temporary public highway would be cost shared on a 50/50 basis. The residents of the Cedar Crest Beach Road and Watson Drive areas would utilize the ,1 leased portion of the haul road and its extension for that period of time following the transfer of Waverly Road to Blue Circle (estimated to be January 1998) until such time as Cove Road and the proposed bridge are dedicated as public highway (which could be as soon as late Fall 1998). Any delay in obtaining CJPprovals under Federal legislation or land acquisition could serve to delay construction~'from Spring 1998 to Spring 1999 or later, thus increasing the length of time requiring utilization of the leased haul road. Report WD-64-97 (Attachment #5). tabled by Council on October 14, 1997, recommends to Council that conditional on Council approval of an agreement with Blue Circle, staff be authorized to prepare 'by-laws to stop up, close and convey portions of the road allowance known as Waverly Road to Blue Circle and t6 assume and dedicate portions of the Blue Circle haul road and its extensions as a temporary public highway. Report WD-64-97 had recommended that an extension to the temporary public highway be ~onstructed on the east side of Waverly Road through the CBM/Blue Circle lands to the Ontario Hydro right-of-way. It has been agreed with Blue Circle that this extension should not be undertaken and accordingly will not be included in either the Lease or the dedication by-law. It is recommended that Report WD-64-97 be lifted from the table and received for information. This report deals comprehensively with all matters and incorporates the recommendations in WD-64-97. 4.1.6 It Is recommended that Council pass the necessary by-laws to close and convey Proposed Closure Area A. The actual conveyance to Blue Circle will not take place until the "Closing Date", which is defined by last of occur of a number of actions including the acquisition of lands for constructing the Westside Bridge and the execution of the various related agreements referred to in Section 8 of this report. - - 4.1.7 It is also recommended that Council pass a by-law to dedicate a Temporary Public Highway, being a portion of the Blue Circle haul road and its extensions as defined by Schedule F of the Principles of Understanding. The Director of Public Works will - - - .. REPORT ADMIN-47-97 PAGE 17 III provide a verbal report at the meeting indicating whether the improvements to the haul road have been made to his satisfaction to enable Council to pass the above by-law. .. 4.1.7 The second phase of the closure would occur subslquent to the construction of the Westside Bridge, the improvements to Cove Road and Us dedication as a public highway. The Principles of Understanding indicate that it is Council's intention to proceed with Closure Area B. However, for legal reasons this decision cannot be made at this time and will be a matter to be determined by a future Ctncil. Given this uncertainty Blue Circle has required that, among other things, the cqnveyance of the Westside Marsh (approximately 60 acres) be held in escrow on the condition of Council proceeding to close and convey Proposed Closure Area B. .. ... ... ... .. 4.1.8 The second phase would also include the closure and conveyance of approximately 0.30 hectares (0.74 acres) to CLOCA for incorporation into the Westside Marsh management .. area. .. 4.1.9 A third and final phase of road closure is possible. It was staff's position in the negotiations that the remaining 0.47 hectares (1.16 acres) could be closed and conveyed to Blue Circle for use as a open space buffer area in consideration for Blue Circle assuming the maintenance costs, appropriately secured, for the bridge over the CN railway. However, there has been no agreement as to these terms. While the matter is referenced in the Principles of Understanding, the arrangements will be dependent on further discussions. ... ... .. 4.2 4.2.1 Appraisal and Surplus Land Before Council may pass a by-law to authorize the conveyance of Proposed Closure Area A to Blue Circle, Section 19.3 of the Municipal Act and the Municipality's by-law establishing procedures on the sale of real property must be complied with. Section 19.3 requires Council to declare the land to be surplus, to obtain at least one appraisal of the fair market value of the real property and to give notice to the public of the proposed sale. 'II1II .. .. .. .. .. - - REPORT ADMIN-47-97 PAGE 18 - 4.2.2 The Director of Public Works concurs with the memorandum from the Director of Planning and Development to the Chief Administrative Officer dated September 5, 1997 (Attachment #6). They recommend that Council declare Proposed Closure Area A to be - surplus. tl - 4.2.3 With respect to the required appraisal, Cornwall Property Consultants Ltd. were retained by the Municipality. Their estimate of the aggregate value of Waverly Road for a section that includes Closure Area A and Closure Area B is $~3l,250.00. Staff recommend that this be accepted as the fair market value of Closure Area A and Closure Area B. - - 4.2.4 Notice has been given to the public of the proposed sale of Proposed Closure Area A - and abutting reserves tc? Blue Circle. .. 4.2.5 The Director of Public Works recommends that Proposed Closure Area A be declared surp!us following the dedicatlon of the' Temporary P.ublic Highway as a pub'lie highway pursuant to the Principles of Understanding. The Temporary Public Highway will serve the same function as the portion of Waverly Road that is within Proposed Closure Area A. - - 4.2.6 Staff recommend therefore that council authorize the sale of Proposed Closure Area - A pursuant to the provisions of the Principles of Understanding. .. 5. RECONSTRUCTION OF COVE ROAD AND CONSTRUCTION OF WESTSIDE CREEK BRIDGE Preliminary drawings have been prepared by the Municipality's consultants which show the proposed bridge that would connect Cedar Crest Beach Road to Cove Road and the improvements that are necessary to bring Cove Road up to Municipal standards. As approved by Council in April 1997, it has been resolved to construct a bridge spanning Wests ide Creek including 120 metres of Cedar Crest Beach Road and the full length of Cove Road from the bridge to West Beach Road, a length of 325 metres. .. 5.1 .. - - - - REPORT ADMIN-47-97 PAGE 19 .. .. The bridge shall be of concrete construction with a horizontal span of 32 metres, one .. traffic lane wide with a sidewalk on the south side. The design characteristics shall conform with current day criteria. .. 5.2 '~ Cove Road shall be built with a pavement width of 6.5 metres with adjacent sodded shoulders and swales. The local residents have requested that construction designs be established as necessary to retain the present charact~r of the neighbourhood. The total cost of road construction (including utility relocation~and illumination at the bridge) IS estimated at $832,000. The total project cost, inclu~ing land acquisilion, is presently being estimated at $1,500,000. 5.3 Construction of the proposed bridge to connect Cove Road to Cedar Crest Beach Road require approvals under the Ontario Environmental Assessment Act, the Navigable Waters Protection Act, the Fisheries Act, and (possibly) the Federal Environmental Assessment A9t. .. .. .. ... IIIllI ... Approval for the project has been obtained under the Ontario Environmental Assessment Act. The Ministry of the Environment and Energy determined the project is subject to a ... Schedule B of the Act and no request for bump-up was received. Staff is continuing to follow up on all approvals required under Federal Legislation. However, it is not possible to estimate the timing and costs of doing so with confidence ._ at the present time. The Canadian Coast Guard (CCG) has declared the open waters of Westside March as navigable under the regulations of the Federal Navigable Waters Protection Act. This declaration required the preparation of an Environmental Study Report with subsequent circulation of the report by CCG to other agencies. In addition, the Marsh is subject to the Fisheries Act legislation, the Navigable Waters Protection Act, and (possibly) the Federal Environmental Assessment Act. As of the writing of this report, the Department of Fisheries and Oceans (DFO) has requested additional information on the impact on fish habitat of the bridge and road construction and will not issue an authorization unless acceptable measures to compensate habitat loss are developed and implemented. .. .. .. - ... .. III ..l .. .. - .. - .. .. - .. 6. 6.1 .. .. 6.2 - - - .. - - - - REPORT ADMIN-47-97 PAGE 20 5.4 The Municipality would proceed with construction at the earliest possible opportunity subsequent to receiving the remaining approvals and subject to construction season requirements to minimize environmental impacts. It is anticipated that this project would be undertaken in 1998. ~I 5.5 . Under the agreement, the Municipality agrees to purchase all aggregate and concrete materials for Cove Road and the bridge from Blue Circle at current market value prices. It is recommended that Council exempt this projecVrom the Purchasing By-law and allow the tender documents for the Cove Road/W,estside Creek Bridge project to include a requirementthat Blue Circle would be the exclusive supplier for aggregate and concrete. PROPERTY ACQUISITION Westside Marsh Bridge and Approaches Property Valuators/Consulting Inc. wer~ engaged to complete an appraisal of the said lands for the purpose of estimating their market values. There are five properties that the Municipality needs to acquire. Discussions have been held with the principal owner of the lands affected and to date there has been no progress. Dedication of Cove Road as a Public Highway Cove Road is neither owned nor maintained by the Municipality of Clarington. It is a private road over which many landowners or their mortgagees have a right of way. As the Municipality is in discussions with the owner of Cove Road to assume responsibility and dedicating it as a public highway, the Municipality must obtain title to the road free and clear of all encumbrances including any right of ways. Quit Claim documents have been prepared and sent out to the 50 property owners and approximately 35 mortgagees. There have been several problems with the Quit Claim Process as many of the claims have been returned due to incorrect addresses, new owners etc. All current information has been reviewed and staff are continuing to process all claims. 7.2 Blue Circle has been concerned that the current Council cannot bind future Councils. Accordingly there is an element of risk to the completion of the project that the remaining portion of Waverly Road or the Temporary Public Highway would not be closed by a future Council. In order to provide a level of certainty that the arrangements will be completed as negotiated, the actual Reconfigured Westside Marsh would be conveyed in escrow with the condition that the Municipality close and conveys the remaining portion of Waverly Road (Closure Area B) and closes the Temporary Public Highway and surrenders the lease. 7.- 7.1 .. REPORT ADMIN-47-97 PAGE 21 ... 6.3 Expropriation Failing to complete negotiations with landowners for whose properties are affected by the approaches and the construction of the Westside Creek Bridge, the Municipality may have to consider commencing expropriation proce,dings by publishing a notice of intention to expropri~te under Section 6 of the Expropriation Act. ... .. ... Similarly if the Municipality does not receive quit claims from all property owners and mortgagees, the Municipality may have to conjider commencing expropriatioh proceedings to obtain clear and free title to Cove RO~d. ... IlIlI It is the intent of Staff to continue to meet with all parties to avoid these proceedings if at all possible. If agreements cannot be reached with all parties, staff would subsequently report on all land acquisition issues. .. .. LANDS TO BE CONVEYED TO CLOCA The Principles of Understanding provide for 111 acres of land to be conveyed to CLOCA. The first 43 acres would be conveyed upon closing. This includes the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Creek valleylands as identified on Attachment #3. .. .. .. ... fII1I/I ... .. 7.3 For liability reasons, CLO~A has indicated that it does not want to own either the Westside Creek Diversion Area B or the southerly dyke (as shown on Attachment #1). Accordingly, these lands will remain in Blue Circle's ownership, but will be subject to easements in favour of CLOCA. .. .. .. - - - - - - 7.5 - - - 8. 8.1 - - - - - .. - 8.2 8.2.1 - - - REPORT ADMIN-47-97 PAGE 22 7.4 Various easements will be granted in favour of either CLOCA or retained by Blue Circle in order to allow either party to access various lands for construction, monitoring and maintenance purposes. The creek diversion area through the Ontario Hydro corridor will be subject of an easement granted to both Blue C~cle and CLOCA. Blue Circle is responsible to acquire the easement on the basis of the land values paid by Ontario Hydro at the time of expropriation. At the meeting of the Board of Directors of CLOCA 9r October 21, 1997, the authoritY resolved to enter into the necessary agreements (seJ Section 8 below) and implement the Principles of Understanding as would be adopted by the Municipality including assuming management responsibilities of the Wetland complex. RELATED AGREEMENTS The project negotiated through the Waterfront Regeneration Trust involves the retention . . of approximately 60% of .the 102 acre Westside Marsh: . It is a scientifically complex arrangement which involves the relocation of the Westside Creek in part through the Ontario Hydro corridor, the creation of new fisheries habitat as mandated under the Fisheries Act and the long term management of the new Westside Marsh and Bowmanville Marsh wetland complex so that there is no net loss in wildlife habitat. As the present time, not all of the related agreements which are necessary to implement the arrangements have been completed. Since these agreements are fundamental to the Municipality's objective of preserving as much of the Marsh's function as currently exists, it is important that these agreements be referenced as a requirement in the Principles of Understanding. This lays the groundwork for the further work and expectations of all parties in the future. Fisheries Agreement While the fisheries aspect is the least significant component of the Westside Marsh, the legislation governing fisheries is the most powerful. Blue Circle has undertaken studies which estimate that approximately 55% of the fish habitat productivity would be lost under the extraction proposal ofthe Waterfront Regeneration Trust. The compensation proposal comprises a number of components including the creek diversion area, an enlarged and .. REPORT ADMIN-47-97 PAGE 23 .. deepened new creek mouth, deepening the central part of the marsh and adding logs, tree roots and aquatic plants, and removal of a portion of the southern berm to create additional fish habitat area. Each enhancement area will be transplanted primarily with plant material harvested from the wetland. Carp col)trol fencing will be built and the ~, marsh will be stock~d with large mouth bass. There will be detailed performance monitoring at years 2,5 and 10 after construction, but some limited monitoring will be done each year. Nevertheless, in the event that the compensation measures fail, Blue Circle is not obligated to undertake further works. ~ 8.2.2 Blue Circle, CLOCA, the Ministry of Natural Resources and the Dep~rtment of Oceans and Fisheries (DFO) have signed a Letter of Intent with respect to the compensation and monitoring arrangements. It is anticipated that in light of the commitment for compensation in the Letter of Intent, DFO will shortly give authorization for Blue Circle to destroy fisheries habitat within the revised limits of the quarry. .. .. ... ... .. .. .. 8.2.3 As noted above, staff are continuing discussions with DFO respecting any possible ... impact of Cove Road and the bridge on the fish habitat. If necessary, the Municipality may be required to provide compensation if there is any impact on fisheries habitat. ... 8.3 8.3.1 Maintenance and Monitoring Agreement The diversion of Wests ide Creek through the Ontario Hydro corridor and around the currently licensecLarea involves a deep cut, the careful placement of culverts between hydro towers, and the bio-engineering of the creek channel. Blue Circle estimates the construction work would take up to 3 years and it would be another 2 years for the vegetation to grow before the creek was actually diverted. ... .. filii Ontario Hydro has co-operated with all parties in order to meet the objectives of the project. They have provided their consent in principle for the diversion of the creek through their corridor. However, they remain concerned about the engineering work for the culvert to be placed between their towers and the long term maintenance of the creek diversion. Ontario Hydro requires that a public sector agency own and operate the creek through their corridor. To this end, CLOCA staff have indicated that their agency would be willing to accept management responsibility for th~ creek diversion subject to an .. ... .. .. .. .. - REPORT ADMIN-47-97 PAGE 24 .. agreement with Blue Circle to deal with indemnity, monitoring and maintenance works. Blue Circle will be acquiring an easement interest through the corridor for both CLOCA and themselves. - .. t, The Maintenance an9 Monitoring Agreement would also extend to other lands including the lower part of the diversion channel, the reconfigured marsh and the new overflow channel to be constructed at the southwest side. This agreement would deal with the hydrology and structural stability issues related to thetiversion of the creek. It does not deal with the natural environment Issues save an except for the bio-engineering techniques to be used to provide a more natural character to the diversion works and provided in relations to the fisheries compensation. - - .. .. 8.4 8.4.1 Management Agreement The conveyance of the various lands by Blue Circle, in particular the tableland area which . . . would link the remnant Wests ide Marsh with the Bowmanville Marsh, provides the opportunity to compensate for the loss of important habitat which will be quarried at the north end of the wetland. This would establish a significant holding with linkages between the two wetlands. .. .. - The Waterfront Regeneration Trust's report envisages a broader environmental management plan being prepared to guide CLOCA's management of the new public lands. It is also anticipated that the Municipality, Blue Circle and the community will contribute to funding these activities. The Trust also indicate that it would assist in finding resources for management activities. - .. - 8.4.2 CLOCA estimates that the cost of preparing a plan would be in the range of $50,000 to $100,000 and that initial costs for enhancement and improvements would be in the range of $200,000 including such items as plantings for the open field areas, ponds for amphibians, snake hibernacula, trails and interpretive facilities. .. - 8.4.3 The agreement with Blue Circle provides for the "following: · a joint management agreement would be prepared between the Municipality and CLOCA - - REPORT ADMIN-47-97 PAGE 25 8.4.4 8.4.5 . The Municipality would contribute $100,000 towards the costs of preparing a management plan and an initial seed funding for improvements to wildlife habitat and interpretive features including lookouts and spur trails from the waterfront trail . Blue Circle would contribute either $70,000 to CLOCA or $94,500 ($70,000 plus tax benefit) to the CLOCA Foundation at such'tUne as they receive their charitable status for the.management plan and seed money for the initial improvements as outlined above. This payment would be made prior to the Closing Date. It is recommended that Council authorize the ~reparation and execution of a management agreement between the Munlclpallt~ and CLOCA which addrossos, among other matters, the Issues Identified In Attac/llnsnt #7. It Is 81so recommended that the Municipality's contribution of $100,000 towards the start-up costs for the management of the Westslde Marsh and Bowmanville Marsh Wetland Complex be appropriated from the Pits and Quarries Reserve Account and set aside in a Reserve Account to be established for the management of the wetland complex. The.se funds would be accessed upon. submission of invoices from .CLOCA for services . . or projects completed. Given the provincial significance of this wetland, the Waterfront Regeneration Trust indicated that it would assist in finding resources for the management and enhancement of the remnant wetland. It is recommended that the Rt. Hon. David Crombie and the Trust be requested to secure matching funds for this project. 9.1 9. OFFICIAL PLAN AND ZONING ISSUES 9.2 As part of the negotiations, Staff wanted to resolve the outstanding deferrals to the Regional Official Plan and Clarington Official. In addition, amendments to the Zoning By- law are proposed to remove the Extractive Industrial (M3) zoning covering the lands which would be part of the Westside/Bowmanville Marsh wetland complex and the Westside Creek Diversion areas and overflow channel. Both Blue Circle and staff have agreed to defer any matters dealing with the existing and proposed expansion of the dock. Blue Circle has received provincial and federal approval. It is staff's intention to deal with the official plan and zoning matters in the new year after review of all of the necessary technical reports. ... .. .. .. ... .. ... ... .. ... .. .. - filii ... .. till .. III ... ... REPORT ADMIN-47-97 PAGE 26 9.3.2 The modification, included in Schedule "l" in Attachment #4, indicates that the Region supports the agreement between the Municipality an9lBlue Circle which would allow for a reduction of the total licensed area, the closing ofl'Waverly Road, the retention of a significant portion of the Marsh and the conveyance of approximately 40 ha into public ownership and management. The modification also includes some technical changes which recognize the change in ownership, the completion of the Region's waterfront plan and the new Provincial Policy Statement. - 9.3 9.3.1 - ... - - ... ... Durham Regional Official Plan Modification The lands owned by Blue Circle (with the exception of the Bowmanville Marsh) are designated as Special Policy Area B in the Regional Official Plan. At the request of the Port Darlington Community Association, the land use d~signation and associated policies were deferred for furt;l1er consideration. 9.3:6 IUs recommended that the Region be requested to amend the Regional Official Plan in accordance as indicated In Schedule "L" to the Principles of Understanding. Both parties have agreed to request the Region not to adopt the proposed modification until such time as the temporary public highway is closed and the Lease of it has been released to Blue Circle. ... ... - 9.4 9.4.1 ... - - Clarington Official Plan Modification The Clarington Official Plan currently designates the lands held by Blue Circle, west of Waverly Road, as Special Policy Area C. The Blue Circle lands between Waverly Road and West Beach Road and much of the residential area know as the "Cove" are designated Special Study Area 2. These lands and the related policies are deferred for further consideration by the Region. 9.4.2 The proposed modification #170 included in Schedule "M" contained in Attachment #4 proposes a variety of changes designed to implement the Principles of Understanding and to ensure that existing irritants of noise and dust will not be further aggravated as quarrying activities proceed easterly. Specifically the modification provides for: · a revised list of permitted uses within the Special Policy Area; ... - - - .. REPORT ADMIN-47-97 PAGE 27 .. 9.4.3 It is recommended that Modification # 170 be approved by Council and forwarded to the Region. Blue Circle has consented to the modification provided that the policies affecting its lands are not approved by the Region and in force until the arrangements are completed in accordance with the Principles of Understanding. Accordingly, the Municipality and Blue Circle would request the Region to defer its approval of Section 16.5 (Special Policy Area "C" - Blue Circle) and the associated land use designations until the temporary public highway is closed and the Lease is released to Blue Circle. However, the Municipality would request the Region to approve Section 16.11 (Special Policy Area "I" - Cove Residential Area) and the associated land use designations. 9.5 Zoning By-law Amendments 9.5.1 Under the Principles of Understanding, the Municipality would initiate the process under the Planning Act to rezone the lands associated with the Westside Creek Diversion and the wetland complex comprising the Westside and Bownlanville marshes and the Marsh link Area. Two by-laws have been prepared and are attached as schedules to the agreement. . spatial separation of 700 metres between aggregate processing plant, the concrete-batching plant and the truck terminal and the residential properties. In addition there is a requirement for a 150 metre setback from Lake Ontario ... . notwithstanding the spatial separation above, i~ the event that Blue Circle requires to use a primary or secondary crusher within ~the quarry, it would be permitted provided that it was located at least below 10.7 metres (approximately 35 feet) below natural grade; ... .. . the management of the creek diversion, wetlan9s and link areas with the objective of achieving no net loss in biodiversity and function requires that rehabilitation plans account foJ~ variety of factors including the Westside Marsh and that Blue Circle would consider the input and comments of the Municipality and CLOCA prior to submitting it to the Ministry of Natural Resources. Consultation between the Municipality, Blue Circle and the relevant agencies to develop a long term rehabilitation plan will be required. .. ... . .. . A new Special Policy Area for the Cove Residential community will be added which recognizes the historic residential community and permits limited infilling on private sewer or water services and in accardan<?e with other appropriate policies of the Plan. . ... · Special Study Area 2 is deleted ... .. ... .. ... .. .. .. .. .. - - REPORT ADMIN-47-97 PAGE 28 9.5.2 - - - - - 9.5.3 - - - - 9.5.4 - 10. - 10.1 - - - - - - The first by-law (see Schedule "N" of the Principles of Understanding in Attachment #4) would rezone the Hydro transmission corridor, the westerly part of the Bowmanville Marsh and parts of the Bowmanville creek valley from "Agriculture (A)" Extractive Industrial - Special Exception 2 (M3-2)" to "Environmental Protecti~,n (EP)". This by-law is not subject to the modification t9 the Clarington Official Plan or'the application by Blue Circle to amend their aggregate licence. Accordingly, this by-law would be passed by Council after complying with the requirements of the Planning Act including the holding of a public meeting and circulation to agencies. f The second by-law (see Schedule "0" of the Principles of Understanding in Attachment #4) would rezone the reconfigured marsh area, the habitat link area, dyke area "B" and the overland flow channel from "Extractive Industrial - Special Exception 2 (M3-2)" to "Environmental Protection (EP)". This by-law would be processed underthe Planning Act, including the holding of a p'ublic meeting. However, Council would only enact the by-law at such time as the Municipality has close'~ .and conveyed the Ilorthetfy portion of Waverly Road (Proposed Closure Area B) and Blue Circle has received an amended aggregate licence. It is recommended that staff be authorized to initiate amendments and advertise a public meeting for the zoning by-laws referred to in the Principles of Understanding. INCREASE IN ANNUAL TONNAGE Blue Circle requested the Municipality's support in increasing their annual tonnage limit under the licence issued by the Ministry of Natural Resources from 3 million tonnes to 4.5 million tonnes. A letter has been prepared by the Director of Planning (Attachment #8) indicating that subject to Council's approval of the letter and the provision of technical reports which would indicate there will not be a substantial change in the emission of noise, dust or vibration or an unacceptable impact on the road system as a result of the increase in annual capacity, the Municipality would not object to the proposed increase in annual tonnage. It is recommended that Council approve the content of the letter regarding an increase in annual tonnage for the Blue Circle lands as per Attachment #8. REPORT ADMIN-47-97 PAGE 29 11. REMOVAL OF CBM CRUSHER Blue Circle has committed to removing the existing CBM Crusher located on the east side of Waverly Road within two years of the closing of the temporary public highway and surrender o~ the lease for the Blue Circle haul road. '~However, they have reserved the right to install another crusher for CBM use provided that it complies with the provisions of Modification 170 to the Official Plan, specifically that it is greater than 700 metres from any residential property. 12. f CONCLUSION 12.1 Starr 01 the Municipality al1cl Bluo Circle hEIVO workod dillguntly ovur thu pust luw 11101111 IS so as to provide for Blue Circle is economic requirement for certainty in the future of their operations, the protection of residents from irritants as the quarry operation moves easterly and the preservation of a large portion of the provincially significant wetland. The arrangements require that all parties, including the area residents, make a commitmen~ to share the burden and reap the benefits ifl fUlfilling the plan. 12.2 The Treasurer has reviewed the financial recommendations contained in this report and concurs. Respectfully submitted, ~-t/~ Stephen A. Vokes, P. Eng. Director of Public Works A/\ W. H. St ckwell Chief Administrative Officer dr, (" ('; .. C' \\ ~ (L '---- '( . \:. ~ . .'--';1(,"-..: Franklin Wu, M.C.I.P., R.P.P; Director of Planning and Development DC*SA V*FW*jip .. .. .. .. ... - ... .. .. - .. .. .. ... .. .. .. .. .. - - REPORT ADMIN-47-97 PAGE 30 .. Attachments 1. Map of Westside Marsh and Blue Circle Quarry 2. Road Map 3. Map of Lands to be Conveyed to CLOCA 4. Principles of Understanding 5. Report WD-64-97 . . .~ 6. Memo from Director .of Planning on Surplus Land 7. Specifications for Management Agreement with CLOCA 8. Letter to Wilson Little, Director of Engineering, Blue Circle 9. Lease for Temporary Haul Road and Extensions (Under Separate Cover) - - - Interested Parties to be notified of Council's decision: f - Mr. Wilson Little Director of Engineering Blue Circle Canada Inc. 400 Waverly Road Bowmanville, Ontario L1C 3K3 Mavis Carlton, Co-Secretary Glenda Gies, Acting Co-Secretary Port Darlington Community Association R.R. #2, Group 2, Box 63 Bowmanville, Ontario L1 C 3K3 - - - Mr. Michael McQuaid, a.c. Weir and Foulds . Exchange Tower Suite 1600, P.O. Box 480 2 First Canadian Place Toronto, Ontario M5X 1 J5 Leah Houston . Y outh-in-Action 137 Cedar Crest Beach Road Bowmanville, Ontario L1 C 3K3 - Mr. Russell Powell Chief Administrative Officer Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario L1 H 3T3 Mr. Gordon White 37 Windsor Valley Drive Courtice, Ontario L1 E 1 J4 - - - Rt. Hon. David Crombie Waterfront Regeneration Trust 207 Queen's Quay West Suite 580 Toronto, Ontario M5J 1 A7 Mars Barrick 147 Cove Road Group , Box 66 Bowmanville, Ontario L 1 C 3K3 - Valerie Dostie R.R. #2, Box 11 707 Waverly Road South Bowmanville, Ontario L1C 3K3 - Mr. Ric Symmes Sternsman International 13 Ganton Road R.R. #2 Orillia, Ontario L3V 6H2 Larry Defosse 125 Cove Road Group 2, Box 66 Bowmanville, Ontario L1 C 3K3 - - - .. REPORT ADMIN-47-97 PAGE 31 ... Murray DeHaas 83 Cedar Crest Beach Road Bowmanville, Ontario L 1 C 3K3 C.H. (Chris) Vanderreest Agent! Appraiser/Administrator GRID System Real Estate GRID District Operations 7676 Woodbine Avenue, Suite 300 Markharh~Ontario L3R 2N2 . ... .. David Ashcroft 63 Cedar Crest Beach Road Group 5, Box 36, R.R. #2 . Bowmanville, Ontario L 1C 3K3 ... Debbie Houston 137 Cedar Crest Beach Road Bowmanville, Ontario L1 C 3K3 R.W. Messerney, District Manager Aurora District Ministry of Natural Resources P.O. Boxt400 10401 DuYrerln Street Maple, Ontario L6A 1 S9 .. ... Georgina Preston 69 Cedar Crest Beach Road R. R. #2 Bowmanville, Ontario L1 C 3K3 Mr. Ken Brant Regional Superintendent Canadian Coast Guard 201 North Front Street Suite 703 Sarnia, Ontario NIT 8B1 .. ... Christine Reid 49 West Beach Road Group 2, Box 26 Bowmanville, Ontario L 1 C 3K3 .. David Hill 101 Cedar Crest Beach Road Bowmanville, Ontario L 1 C 3K3 D.V. Gilman, Area Manager Department of Fisheries and Oceans Fisheries and Habitat Management - Ontario 867 Lakeshore Road, P.O. Box 5050 Burlington, Ontario L 7R 4A6 .. .. Bob Morrison 97 Cedar Crest Beach Road Group 5, Box 25 R. R. #2 Bowmanville, Ontario L 1 C 3K3 .. .. Maureen & Ted Remington Box 44201 600 Grandview Street South OShawa, Ontario L1 H 8R5 .. .. III ... .. ... ATTACHMENT NO.1 - LOT 12 - LOT 1 <I - ... - ... - - ... - - - - - On tario - - - EXISTING - - - WATERFRONT TRAIL RELOCATED · ....... WATERFRONT TRAIL [8 PROPOSED 2: 1 QUARRY \ : \ I \ SIDE SLOPE '" BENCH ION . m ~~~~EDslg~OPE . W 2 or 3:1 WESTSIDE MARSH AND BLUE CIRCLE QUARRY EXISTING UMrT OF ----;.----- WESTSlDE MARSH EXISTING UMrT - - - - - OF EXTRACTION IB REVISED UMrT ~ OF EXTRACTION ~ ~ lANDS - ATTACHMENT NO.2 ... ..-... CI) .. ... CO > -- .. L- a.. "C .. C CO (,) .. -- - .a ::::J a.. .. "'-" C) c. it ~ as .. ~ :E C) "a as .. ~ 0 ~ a: [) .. m :c . . ~ '. ~ ~. .,. ~ a: ~ <( w .. w w a: a: a: :) :) :) U) U) U) 9 9 9 0 0 0 0 .. w U) 0 D- o a: .. D- o 1-0 ow ~~ ..Jw :)m ~ ... ... o <3 a: ..Jo :)w CCU) ~~ 0..J Zw om -0 ~I- ~~ - .. I .. ;;~ .. .. ... .. LOT 14 .. .. .. .. .. \. .. - .. .. BLUE CIRCLE LANDS .. ~- .. .. .. I I ) I I'::::'; i - i 1 OVERflOW : CHANNEL : , .. - - ~--, l,II,(- 17-040 - ATTACHMENT NO. 31 LOT 12 LO 11 Ontario LANDS TO BE CONVEYED TO CLOCA ,fROM MUNICIPAUTY OF CLARINGTON II u.NDS COI'M'I't:D TO CLOCA f B [l] fROM BLUE CIRCLE ~ u.NDS COtMYED TO ~ CLOCA ON ClOSING _ u.NDS COtMYED TO _ ClOCA IN ESCROW PROPOSED 2:1 QUARRY SIDE SLOPE & BENCH PROPOSED DIVERSION CHANNa SIDE SLOPE 2 or 3:1 ATTACHMENT #4 ... Draft #16 October 27, 1997 ... THESE PRINCIPLES OF UNDERSTANDING dated this 3rd day of November , 1997. .. .. BET WEE N: .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") ... -.....- OF THE FIRST PART ... - and - .. BLUE CIRCLE CANADA INC. ("Blue Circle") .. . OF THE SECOND PART .. PRINCIPLES OF UNDERSTANDING .. WHEREAS: ... A. Blue Circle is the owner in fee simple in possession..9f certain portions of Lot 11, Broken Front Concession, former Town of Bowmanville and of Lots 12, 13, 14, 15, 16 and 17, Broken Front Concession, former Township of Darlington now in the Municipality of Clarington and certain portions of the original road allowances between Lots 11 and 12, Lots- 12 and 13, Lots 14 and 15. and Lots 16 and 17. Blue Circle also is the owner in fee simple in possession of a water lot comprising Part 1 on plan of survey of record lOR-2426 on a portion of which is constructed a dock. The lands owned by Blue Circle collectively are referred to hereafter as the "Blue Circle Lands" and are shown on the Plan contained in Schedule "A" hereto. .. .. .. .. .. .. .. - - -2- - B. The Wests ide Marsh is located on the portions of the Blue Circle Lands which comprise parts of Lots 12 and 13, Broken Front Concession, former Township of Darlington now in the Municipality of Clarington; - - C. Presently, Blue Circle- holds a licence to extract aggregate from the Westside Marsh under the Aggregate Resolirces Act; - D. The Waterfront Regeneration Trust ("Trust") issued its Westside Marsh Report and. _ Recommendations in November, 1995. This Report followed the submission by the Honourable David Crombie of the Interim Report on the Royal Commission on the Future of the Toronto _ Waterfront in 1990. The 1995 Report was prepared with the encouragement of the Municipality, the Community and Blue Circle's predecessor St. Marys Cement Corporation; .. - E. . Westside Marsh was identified by the 'frust as the.only Pr()vinciallysignificant Class. II . Wetland on the Durham shore of Lake Ontario. The Trust noted that it is valued highly by regional and local naturalists and by residents on the Municipality's waterfront. However, the limestone beneath the Wests ide Marsh is licensed for extraction and subject to protection under Provincial policy; - - F. In preparing its Report of November, 199.~, the Trust organized a number of meetings - between two groups of stakeholders to consider habitat issues and other community concerns related to St. Marys proposed developments in the Westside Marsh. While these meetings were - ongoing, additional studies were conducted and the Trust met with relevant agencies and individuals to obtain additional expert information. The plan contained in the Trust Report - stated the following objectives: - . protect most of the Marsh and create a new habitat for fish, birds, plants and animals in order to achieve no net loss, overall, create 120 acres of parkland to protect the community, ~ .. - . - - IIlIl -3- .. . close approximately four (4) acres of Waverly Road which would be transferred to St. Marys Cement and provide access to Cedar Crest Beach by a bridge and road connection to West Beach Road, relocate a portion of Wests ide Creek, east and then south, into the portion of Wests ide Marsh which will be r~tained; .. . .. ... G. A Letter of Intent to Implement Fish Habitat, Mitigation and Compensation Measures dated August 27, 1997 ("Letter of Intent") has been executed by Blue Circle and the Central- Lake Ontario Conservation Authority ("CLOCA"). A copy of the Letter of Intent is contained in Schedule "B" hereto. It is anticipated by the Parties that it will be executed in the near future by the other parties to it, being the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans Canada and that an extension to the dates in it will be required; ... ... .. .. H. Blue Circle and CLOCA intend to enter into a monitoring and maintenance agreement respecting certain lands and facilities, hereafter referred to ("Maintenance and Monitoring Agreement"); ... ... I. The Municipality intends to enter into a Management Agreement with CLOCA respecting the planning and management of the Westside Creek Diversion located on Westside Creek Diversion Areas A"and B, the Overflow Channel located on Overflow Channel Areas B and C, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands ("Management Agreement"); .. ... .. J. The Letter of Intent and the Maintenance and Monitoring Agreement will implement to the extent reasonably possible, fish habitat, mitigation and compensation measures which are intended to ensure that the reconfiguration of the Wests ide Marsh into the smaller "Reconfigured '-; Wests ide Marsh" (as hereafter defmed) and the diversion of the Westside 'Creek to flow into the Reconfigured Westside Marsh will not result in a net loss overall in fish habitat. Similarly, the implementation of the Management Agreement is intended to ensure to the extent reasonably .. .. .. fill .. - - - - .. - .. ... - - - - ... - - ... - - - -4- possible, that there will be no net loss overall in wildlife habitat and vegetation through measures that will be designed to appropriately replace the ecological functions of the present Wests ide Marsh with appropriate ecological functions for the Reconfigured Wests ide Marsh, and the "Marsh Link Area", the "Bowmanville Marsh" and the "Bowmanville Valley Lands" (all as hereafter defined) and adjacent wetlands with which the Reconfigured Wests ide Marsh will inter- act. K. Ontario Hydro is the owner in fee simple in possession of those lands which comprise- certain portions of Lots 11, 12, 13, 14 and 15, Broken Front Concession, fonner Township of Darlington, now in the Municipality of Clarington. They are referred to in these Principles as the "Ontario Hydro Lands" and are shown on the Plan contained in Schedule "A" hereto; L. Blue Circle intends to acquire perpetual easements from Ontario Hydro on the portions . of the Ontario Hydr~ Lands which ~e,identi~ed on the Plan contained in Schedule" A" hereto and which are referred to in these Principles as the "Westside Creek'Diversion Area A". . Blue Circle will transfer these easements to CLOCA forthwith after the completion of construction of the "Westside Creek Diversion Works" (as hereafter defmed); M. "Westside Creek Diversion Area B" referred to in these Principles comprises those portions of the Blue Circle Lands which are identified on the Plan contained in Schedule "A" hereto. Title in fee simple in possession to the Wests ide Creek Diversion Area B will be retained by Blue Circle; N. "Overflow Channel Area A" and "Overflow Channel Area B" referred to in these Principles comprise those portions of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. "Overflow Channel Area C" referred to in these Principles presently comprises a portion of the Waverly Road Allowance identified on the aforesaid Plan. Blue Circle will retain title in fee simple in possession in Overflow Channel Area A and will transfer Overflow Channel Area B to CLOCA or as otherwise directed by the Municipality . IlIlli ... -5- O. The "Future Quarry Area" referred to in these Principles comprises the portion of the Blue Circle Lands which is identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will retain title in fee simple in possession in the Future Quarry Area; II1II ... P. The "Reconfigured Westside Marsh" referred to in these Principles comprises the portion II1II of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in fee simple in possession in the Reconfigured Wests ide Marsh to CLOCA or as otherwise directed by the Municipality; ... II1II Q. The "Marsh Link Area", "Bowmanville Marsh" and "Bowmanville Valley Lands" referred to in these Principles comprise those portions of the Blue Circle Lands which are identified as such on the Plan contained in Schedule "A" hereto. Blue Circle will transfer title in possession in the Marsh Link Area, the Bowmanville Marsh, and the Bowmanville Valley . . . .. . Lands to. CLOCA or as otherwise directed by the Municipality, subje~t to the Municipality''S 0" -.. ... ." _' ...." . ... ". . - . ". . . ~ option to purchase them for a nominal consideration if CLOCA is dissolved or if its composition and powers are materially altered from those in place on the date of these Principles ("Option to Purchase"); IlIlli II1II ... ... R. Blue Circle will construct and install at its cost certain works and vegetation for the Wests ide Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in Schedule "D" hereto ("Westside Creek Diversion Works Plan"), the Letter of Intent, and the Monitoring and Maintenance Agreement. Blue Circle will maintain the W estside Creek Diversion Works as provided in the Letter of Intent and the Monitoring and Maintenance Agreement; .. .. ..Ii ... .. S. Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, Band 0 in accordance with plans, drawings, specifications and schedule of construction and installation contained in Schedule "E" hereto ("Overflow Channel Works .. .., .. .. .. - .. - - - - - - - - - .. - - - - - -6- Plan"). Blue Circle will maintain the Overflow Channel Works as provided in the Letter of Intent and the Monitoring and Maintenance Agreement; T. Blue Circle will construct a bridge or culvert of appropriate dimensions and load carrying capacity over or through the portion of Overflow Channel Area A to provide emergency access by emergency vehicles including fife-fighting vehicles to the homes located on the lands within registered plans of subdivision 318 and 659 via the Blue Circle Lands to Highway No. 401 as provided in these Principles; U. Without fettering Council in the exercise of its legislative discretion in order to establish the Reconfigured Wests ide Marsh, the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands in accordance with the intent of these Principles, the Parties intend that a portion of Waverly Road should be closed and conveyed to Blue Circle as the owner in . . fee simple of the abutting lands.. Without,'fettering, Council in the exer~ise ,of its legislative discretion, the Parties intend that in the interim, the Municipality will lease a portion of a existing private road located on the Blue Circle Land together with certain extensions thereof. The roads referred to in these Principles are shown on the Road Map contained in Schedule "F" hereto; V. "Cove Road" identified on the Road Map contained in Schedule "F" hereto presently is a private road extending from West Beach Road and terminating easterly of the Westside Creek. The Municipality intends to seek to acquire Cove Road from the persons who have interests in it and the necessary right-of-way for a single span bridge, over the Westside Creek ("Westside Creek Bridge") and approaches which also are identified on the Road Map. Without fettering the Municipality's Council in the exercise of its legislative discretion if Cove Road and the right- of-way for the proposed Westside Creek Bridge and approaches are acquired by the Municipality, the Municipality intends to reconstruct Cove Road and to construct Wests ide Creek Bridge and dediCate the same as a public highway. This will provide a public highway connection from Cedar Crest Beach Road to West Beach Road via Cove Road and the Wests ide Creek Bridge. IIlIlIi -7- III The construction and reconstruction is intended to be undertaken in accordance with the plans and drawings contained in Schedule "G" hereto (" Cove Road and W estside Creek Bridge Plans and Specifications"). .. IIlIII NOW THEREFO~ WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: -,,- .. ... l1li1 1. Principles are Conditional IIIIll These Principles are conditional on, .. . (i)- all necessary ~ppr9!.'als. of the undertakings -referr~ to in these ;Principles -being - . . . - granted pursuant to the Environmental Assessment Act and applicable legislation of the Province of Ontario; and ... ... (ii) all necessary approvals being obtained under applicable legislation of Canada. ... 2. Schedules ... These Principles contain the following Schedules: Schedule "A" "Plan Showing Areas and Description of Blue Circle Lands" .. Schedule "B" "Letter of Intent" ... Schedule "C" "Statement of Purposes" "Westside Creek Diversion Works Plan" "Overflow Channel Works Plan" ... Schedule "D II Schedule", "E" Schedule "F" "Road Map" III IIIlI l1li1 - - - - - - - - - - - - - - - - - - - -8- Schedule "G" "Cove Road and Wests ide Creek Bridge Plans and Specifications" Schedule "H" "Description of Reserves Abutting Portions of Waverly Road Schedule "I" . "Estimated Costs of Construction of Cove Road, W estside Creek Bridge and Extensions of Temporary Public Highway" Schedule "J" "Schedule of Construction of W estside Creek Diversion Works" Schedule "K" "Plan Showing Easement Areas and Description of Transferee and Scope" Schedule "L" "Modification of Region of Durham Official Plan" Schedule "Mtt "Modifications of Clarington Official Plan" ~.. Schedule"N" "Zoning Amep.dment -1" . Schedule "0" "Zoning Amendment 2" Schedule "P" "Permitted Encumbrances tt 3. Waverly Road (a) Blue Circle has applied to the Municipality of Clarington for the enactment of the necessary by-laws to close and authorize the conveyance to Blue Circle of the portion of Waverly Road identified on the Road Map contained in Schedule "F" hereto as "Proposed Closure Area A" together with the abutting rese~es set out in Schedule "H" hereto. Blue Circle at its expense will cause to be prepared and deposited on title in the Land Registry Office, a Reference Plan identifying Proposed Closure Area A, "Proposed Closure Area B", "Proposed Closure Area cn and "Proposed Closure Area D" (each term as hereafter defined) as separate Parts. The Parties will act expeditiously so that, if possible, since the hearing of persons interested in the proposed by-law respecting Proposed Closure Area A (b) .... ." ... -9- ... and the abutting reserves set out in Schedule "H" hereto has been held by Council September 29, 1997, Council will be in a position to make a decision on Blue Circle's application as soon as is reasonably practicable to do so. ... ... Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that as soon as is reasonably practicable after the enactment of the dedication by-law referred to in Paragraph 6 hereof respecting "Cove Road and the Westside Creek Bridge" (as hereafter defmed), Council will consider whether to close and authorize the conveyance to Blue Circle of "Proposed Closure Area B" shown on the Road Map contained in Schedule "P" hereto together with the abutting reserves set out in Schedule "H" hereto provided thateither the Municipality is satisfied that a cuI de sac to the Municipality's rural standards will be available for turning vehicles and is secured by a perpetual . . easement transferred to theM~c~p~ity by On~io Hydro at no ~stt~ the Municipality or the Municipality retains title to the land required from the northerly portion of Proposed Closure Area B as a turning circle for vehicles traversing Waverly Road. ... .. .. till .. .. .. (c) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that the consideration to be paid by Blue Circle to the Municipality for the conveyance to Blue Circle of Proposed Closure Areas A and B and the abutting reserves set out in Schedule "H" hereto, and by Blue Circle, as its contribution to the "Cove Road and the Westside Creek Bridge Works" (as hereafter defmed) will be: .. ... ..- .. .. (i) the payment to the Municipality of the sum of $707,800.00 which shall include $337,250.00 as the consideration for the transfer to Blue Circle of Proposed Closure Area tA, Proposed Closure Area B and the reserves abutting them with the value of $337,250.00 being allocated to Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them .. till .. IIlII - .. - .. - .. - - - - - - - - (d) - - - - - -10- on a proportionate basis calculated on the areas of Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them; (ii) the payment to CLOCA of at least the sum of $70,000.00 or to the "CLOCt\. Foundation" (as hereinafter defined) of at least the sum of $94,500.00 or of at least the sum of $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; -.~ (iii) the transfer to the Municipality of Parts 9 and 13 on draft plan of survey prepared by Brown and Coggan under File No. 1970710; (iv) the transfer of the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands to CLOCA or as otherwise. directed by the Municipality in accordance: With paragraph 8 (a) (ii); (v) the delivery of transfers to CLOCA in escrow of the Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey prepared by Brown and Coggan under File No. 1970710 as provided in paragraph 8(a)(iv) of these Principles; and (vi) the entering into by Blue Circle of the other agreements set out in these Principles, all in accordance with the provisions of these Principles. Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that on the application of Blue Circle, Council will consider a by-law to close the portions of Waverly Road identified on the Road Map contained in Schedule "F" hereto as "Proposed Closure Area C" and the abutting reserves set out in Schedule "H" hereto and "Proposed Closure Area D" and the abutting reserves set out in Schedule "H" hereto and will consider a by- law to authorize the conveyance of Proposed Closure Area C to Blue Circle. The ... -11- III Parties acknowledge that the lands comprising Proposed Closure Area C and abutting reserves are intended by Blue Circle to be part of a buffer zone for the quarry on the Blue Circle Lands. Without fettering Council in the exercise of its legislative discretion, the present intention of the Parties is that Council will consider this intended use of Proposed Closure Area C and abutting reserves in determining the consideration to be paid by Blue Circle in exchange for their conveyance to Blue Circle by the Municipality. Council and Blue Circle may also consider as part of the consideration for the conveyance of Proposed Closure Area C and abutting reserves, accepting Blue Circle's covenant on terms acceptable to both parties to keep in repair and maintain the bridge over the CN railway right-of-way identified on the Road Map contained in Schedule "F" hereto. It is understood and agreed by the Parties that when it submits its application to the Municipality for the closure and conveyance to it of Proposed . Closure Area C, Blue Circle will provide the Municipality with evidence satisfactory to the Municipality's Director of PublIC Works either that it owns the abutting portions of Waverly Road with the exception of the reserves set out in Schedule "H" hereto, or that the owners thereof have consented to the closure of them as a public highway and conveyance of them to Blue Circle. III III ... ... :::-\~ ... \;' .. .", ... .. .. (e) Without fettering Council in the exercise of its legislative direction, it is the intention of the Parties that on application of CL-oCA, Council will consider by- laws to close and to authorize the conveyance of Proposed Closure Area D together with the abutting reserves set out in Schedule "H" hereto, to CLOCA. Effective on the date of closing of the "Temporary Public Highway" (as hereinafter defined), as a public highway and termination of the Lease (as hereinafter defined), Blue Circle hereby irrevocably consents to the closure of Proposed Closure Area D as a public highway and to its conveyance to CLOCA · for a nominal (consideration. II ... .... .. .. I11III III III - - -12- - 4. Lease. Improvement and Dedication of Temporarv Public Hie:hwav (a) - - - - (b) - - - - - - - - - - - - Forthwith after the execution of these Principles, Blue Circle will construct the extension of the private road shown on the Road Map contained in Schedule "F" to Waverly Road in accordance with plans and specifications approved by the Municipality's Director of Public Works acting reasonably provided that the Director shall have regard for the temporary nature of the Temporary Public Highway in making his determination as aforesaid., . If Council decides to pass the necessary by-laws to close and authorize the conveyance to Blue Circle of Proposed Closure Area A and abutting reserves as referred to in paragraph 3(a), prior to (1) the passing of the aforesaid by-laws by Council and (2) the occurrence of the Closing Date, Blue Circle will lease ("Lease") on a wholly net..~asis, except as otherwise pr~vide<lin paragraphs 4(a) . . . and 4(b) , the portion of private road and the extension of it to Waverly Road shown on the Road Map contained in Schedule "F" (collectively referred to as the "Temporary Public Highway") to the Municipality for a single payment of a capitalized rent of $2.00, the receipt whereof is hereby acknowledged by Blue Circle. Until dedication of the Temporary Public Highway as a public highway, Blue Circle shall be entitled to use it as a roadway for its operations. The Lease shall provide that Blue Circle will have the right either to cross over the Temporary Public Highway or to tunnel under the Temporary Public Highway or to construct the bridge over the Temporary Public Highway including, without limitation in all cases the right to install and maintain a conveyer for materials for the purposes of transporting raw materials for processing at its plant; provided that all costs of constructing and maintaining any such improvements shall be the responsibility of Blue Circle and all such improvements shall be made in accordance with plans and specifications approved by the Municipality's Director of Public Works, acting reasonably and provided further that the use of the Temporary Public Highway as a public highway is not interrupted except for lIIIIIl lIIIIIl -13- temporary disruptions first approved by the Director acting reasonably if an alternate route acceptable to the Director is provided for the period of the temporary disruption. Without limiting the generality of the foregoing, Blue Circle shall be entitled to have at least a total of four truck crossing points across the Temporary .Public Highway and Waverly Road at such locations as may be approved by the Municipality's Director of Public Works, acting reasonably. The Lease shall provide that Blue Circle shall only have the right to exercise the foregoing rights in the event that the terms of the escrow set out in paragraph 8(a)(iv) have extended more than three years from the Closing Date. The Lease shall be subject to a condition subsequent of the transfer to Blue Circle of the Proposed Closure Area A and abutting reserves referred to in paragraph 3(a) and shall have a term of one year which shall be automatically renewed until it shall terminate on the day on which the Municipality's Council passes a by-law dedicating Cove Road and the Wests ide Creek Bridge. (or any readjustment . . .' - . '. thereto or alternative access as determined by Council) as a public highway. Until Blue Circle gives the Municipality written notice pursuant to paragraph 8(a)(iv) requiring the return of the escrowed transfers and the repayment of the sum of money referred to therein, Blue Circle will indemnify the Municipality against the' capital cost of necessary improvements to or reconstruction of the portion of the road that contains a culvert under the Temporary Public Highway, as may be- deemed necessary by the Municipality's Director of Public Works acting reasonably, provided that the Director shall have regard for the temporary nature of the Temporary Public Highway in making his determination as aforesaid. Without derogating from the foregoing, the Lease shall also provide that the Municipality shall maintain at its expense the Temporary Public Highway for the term of the Lease. lIIIIIl lIIIIIl ... ... .. .. .. ... .. I11III .. .. .. .. (c) Without fettering the Municipality's Council in the exercise of its legislative discretion, the Parties express their present intention that by-laws will be passed: .. .. .. - - - - - - - - - - - - - - - - - - - -14- (i) prior to the occurrence of the Closing Date to dedicate the Temporary Public Highway as a public highway until the termination of the Lease; and (ii) on or as soon as is reasonably practicable after the dedication of Cove Road and the Westside Creek Bridge as a public highway, to close the Temporary Public Highway as a public highway. 5. Emergency Access to Cedar Crest Beach Road (a) Blue Circle hereby irrevocably licences to the Municipality for a nominal consideration a portion of the Blue Circle Lands to be selected by Blue Circle which is acceptable to the Municipality's Director of Public Works acting reasonably .to provide an. emergency access route foremergencyve~cles including fire vehicles from Highway 401 to the westerly terminus of Cedar Crest Beach Road and for residents of homes in plans of subdivision 318 and 659 in the event of flood. The consideration for the licence hereby granted is a single capitalized payment of $2.00, receipt whereof is hereby acknowledged by Blue Circle. Subject to paragraph 5(c), the emergency access route is intended to be the access route used by Blue Circle to its current dock with an extension to Cedar Crest Road and a connection to Waverly Road. The emergency access route will be kept in repair and will be maintained by Blue Circle at its expense. Blue Circle shall install at its cost a barrier to non-emergency vehicles at the southerly terminus of the emergency route. The licence shall also provide that the Municipality, police and ambulance services and the residents of homes within plans of subdivision 318 and 659 shall use the emergency accesstoute aftheir own risk. The Municipality for itself and the residents of plans of subdivision 318 and 659 who use the emergency access route in the event of a flood, and such other services for themselves shall (b) (c) .. -15- filii indemnify and save Blue Circle harmless from any costs, damages, losses or liability arising from or in consequence of the use of such emergency access route. The licence shall automatically terminate on the opening of either of a grade separation at the intersection of Port Darlington Road and the CN railway right of way or on opening of extensions either of Duke Street or Liberty Street over or under Highway 401 and via a grade separation at the intersection of Duke Street or Liberty Street, as the case may be, and the CN railway right of way, whichever shall first occur. In the event that after the termination of the licence ^ the residents of homes in plans of subdivision 318 and 659 need to cross the Blue Circle Lands as a result of flooding, Blue Circle hereby irrevocably consents to such crossing(s). ... .. ... .. .. .. If the emergency access route referred to in paragraph 5( a) will traverse the Overflow Channel Area A a bridge or culvert of appropriate dimensions and . load . . carrying capacity to accommodate emergency vehicles using the route will be constructed by Blue Circle at its cost in accordance with plans and drawings which have been first approved in writing by the Municipality's Director of Public Works. The Director shall not refuse either to accept an emergency access route or to approve plans and drawings for a bridge or 'culvert if the bridge or culvert will have sufficient load bearing capacity to accommodate fire vehicles and the emergency access route will be designed to accommodate radii for fire vehicles. ., .. ... ." ... .. Blue Circle may from time to time replace the emergency access route referred to in paragraphs 5(a) and 5(b) with a new emergency access route on the Blue Circle Lands from Cedar Crest Beach Road to Highway 401. Paragraphs 5(a) and 5(b) apply in respect of each substituted emergency access route with necessary changes to it to give effect to this paragraph 5(c) being deemed to have been made. .. .. .. .. 1 III - - - - ... - ... - - - - ... .. .. ... - - - - -16- 6. Cove Road and the Westside Creek Bride:e (a) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that after complying with all legal requirements, the Municipality as soon as reasonably practicable: (i) will acquire title to the lands required for Cove Road and the Wests ide Creek Bridge; (ii) will reconstruct Cove Road and the approaches to it, and construct Westside Creek Bridge and approaches to it in accordance with all legal requirements and the Cove Road and the Westside Creek Bridge Plans and Specifications; and .... . (iii) forthwith after the Municipality's Director of Public Works gives Blue Circle written notice that Cove Road and the Wests ide Creek Bridge and the approaches to them have been reconstructed or constructed to his satisfaction, they will be dedicated by by-law passed pursuant to the Municipal Act as a public highway and the obligation to keep Cove Road, the Westside Creek Bridge and approaches to them in repair and maintained will be assumed by the Municipality pursuant to the Municipal Act. (b) The Parties acknowledge that the legal requirements referred to in paragraph 6(a) include the requirement to comply with the Ontario Environmental Assessment Act, the Navigable Waters Protection Act (if applicable), the Canada Environmental Assessment Act (if applicable), as well as regulations enforced by CLOCA.t. (c) 7. III -17- .. The preliminary estimate of the Parties of all costs of acquiring the interests of all persons in Cove Road, the Westside Creek Bridge and the approaches to them, the reconstruction of Cove Road, and of the construction of the Wests ide Creek Bridge and approaches to them is contained in Schedule "I" hereto. In the event that the total as;built costs of reconstruction and construction of the Cove Road and Westside Creek Bridge Works exceeds the total of all of the estimated costs set out in Schedule "I", then in respect of servicing and associated costs for only Ontario Hydro, Clarington Hydro and Bell Canada, Blue Circle will pay to the,_ Municipality an amount equal to one-half the difference of the increase of such costs in excess of the estimates for Ontario Hydro, Clarington Hydro and Bell Canada after being given written notice of the aforesaid as-built costs by the Municipality's Director of Public Works forthwith after written demand therefor is given to it by the Municipality. .. .. .. .. ... .. ." Actions Prior to and After Closing Date ... (a) Prior to the "Closing Date" (as hereafter defined) Blue Circle at its cost, ... (i) will execute an agreement for the acquisition of a perpetual easement from Ontario Hydro in that portion of the Ontario Hydro Lands which comprise the Wests ide Creek Diversion Area A which will be transferred on completion of the Wests ide Creek Diversion Works to CLOCA for a nominal consideration; "., .... ... (ii) will execute a letter of intent to implement fish habitat mitigation and compensation measures with the Department of Fisheries and Oceans, Canada and other persons substantially with the content of the Letter of . Intent contained in Schedule :."B" hereto subject from time to time to an extension of timing set out therein to accommodate the timing contemplated by these Principles and any delays resulting from the filii .. III III ;1 .. - .. - ... - - - - - - - (b) ... .. - - - (c) - - - -18- Municipality's inability to satisfy the terms of the escrow set out m paragraph 8(a)(iv); (iii) will execute a Monitoring and Maintenance agreement with CLOCA respecti!lg the Wests ide Creek Diversion Areas A and B, and Overflow Channel Areas A, Band C which contain terms satisfactory to the Municipality's Director of Public Works; (iv) will prepare and use its best efforts to obtain the written approval of the Department of Fisheries and Oceans, Canada, the Ministry of Natural Resources, CLOCA and the Municipality's Director of Public Works of the Wests ide Creek Diversion Works Plan, Dyke Area A, Dyke Area B and the Overflow Ch,Hmel Works Plan. (The approved plans are referred to ~. these Principles as the "Approved W estside Creek Diversion Works . . . '." ... " Plans" and the "Approved Channel Overflow Works Plans" respectively.) After the Closing Date, and in any event, no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Wests ide Creek Diversion Works and will proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Wests ide Creek Diversion Works Plan and with the schedule of construction contained in Schedule "J" hereto, subject to "Force Majeure" (as hereafter defmed), provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid date of commencement, the date of commencement set out in this paragraph 7 (b) shall be deemed to be that set out in the Letter of Intent. After the Closing Date, and in any event no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Overflow Channel (d) 8. .. -19- . Works, and proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Overflow Channel Works Plan and with the schedule of construction contained in Schedule "J" hereto, provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid date .of commencement, the date of commencement set out in this paragraph 7(c) shall be deemed to be that set out in the Letter of Intent. Blue Circle's obligation for the Overflow Channel Works is subject to the Municipality conveying Proposed Closure Area D and the abutting reserves set out in Schedule _ "H" hereto to CLOCA and CLOCA allowing Blue Circle to have access to complete such works. .. till .. till ... .. For the purposes of these Principles, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts; riots, wars or ~cts?f military author~ty,. acts of public enemies, sabotage,. epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fIre or explosion; flood, wind, water, earthquake or other casualty, prohibitory governmental laws or regulations, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Blue Circle, and not caused by the deliberate default or act or - omission by Blue Circle and not avoidable by the exercise of reasonable effort or foresight by Blue Circle. '4 - III .. Closin2 Date ... (a) On the Closing Date, ."" (i) if (1) the portion of Waverly Road comprising the land within Proposed Closure Area A has been closed as a public highway by the Municipality's Council by the enactment of the necessary by-law under the Municipal Act, (2) that by-law has been registered in the Registry Office for the .. III III . .. .. -20- - Registry Division of Durham (No. 40), and (3) the Municipality's Council has authorized the transfer to Blue Circle of Proposed Closure Area A together with the abutting reserves more particularly described in Schedule "H" hereto, the Municipality shall transfer Proposed Closure Area A and the abutting reserves to Blue Circle in fee simple, free and clear of encumbrances and restrictions except for Permitted Encumbrances set out in Schedule lip" and the parties agree that for purposes of the Land Transfer Tax Affidavit, the value of the consideration for this transfer.- shall be based on multiplying the total consideration of $337,250.00 by a fraction, the denominator of which shall be the total area of Proposed Closure Areas A and B and the abutting reserves and the numerator of which shall be the area of Proposed Closure Area A and its immediate abutting reserves; and - .. - .. - - .. (ii) Blue Circle shall transfer to CLOCA or as otherwise directed by the Municipality the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands, in fee simple, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and' the Option to Purchase which Blue Circle shall grant to the Municipality, except that in the case of the Marsh Link Area Blue Circle may reserve to itself a perpetual easement of access to the Westside€reek Diversion Area "B" over Easement Area "B" shown on the plan contained in Schedule "K" hereto as provided in Schedule "K"; and - .. ... .. .. (iii) Blue Circle shall pay the sum of $707,800.00 to the Municipality in accordance with paragraph 3(c) and the sum of either not less than $70,000.00 to CLOCA or not less than $94,500.00 to the CLOCA Foundation or the payment of afileast $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; ... - - - till -21- .. (iv) Blue Circle shall deliver in escrow to the Municipality, a transfer of the Reconfigured Wests ide Marsh, with the exception of Part 9 on draft plan of survey of record prepared by Brown and Coggan under File No. 1970710 to CLOCA or as otherwise directed by the Municipality in fee simple, jree and clear of encumbrances and restrictions other than (1) a perpetual easement of support of Dyke Area "B" in accordance with the plan contained and the relevant portion of the text of Schedule "K", (2) a temporary easement to permit the construction and installation of the.. W estside Creek Diversion Wodes and monitoring and maintenance of the same in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement, (3) Permitted Encumbrances set out in Schedule "P", and (4) the Option to Purchase the Reconfigured Westside Marsh which Blue Circle shall grant to the Municipality. The escrow condition of delivery shall be fully satis.fied ~d the delivery of the transfer ~all .b~ effective on the latest to occur of (1) the dedication of Cove Road, the Westside Creek Bridge and approaches to them as a public highway, (2) the registration of a by-law closing the Temporary Public Highway as a public highway in accordance with the Municipal Act, and (3) the surrender of the Lease of the Temporary Public Highway. If the escrow has not been satisfied on or before the expiry of 3 years following the Closing Date (which shall be automatically extended by the period of any litigation preventing the Cove Road reconstruction, the Wests ide Creek Bridge construction, the dedication of Cove Road and the Wests ide Creek Bridge and approaches as a public highway or the closing of the Temporary Public Highway as a public highway and the period of Force Majeure, provided that such extension shall occur only so long as the Municipality is actively conducting such litigation in good faith) Blue Circle by written notice given to the Municipality may require (1) the return of the escrowed transfer of the Reconfigured Westside Marsh, (2) the return of the escrowed transfers of the easements referred to in .. ... .. .. ... ... - fill ... - .. .. .. till .. .. III - - -22- - paragraph 8(a)(v), (3) if Proposed Closure Area B with abutting reserves have not been conveyed to Blue Circle by the Municipality, the repayment of a sum equal to the proportionate value of the sum of $337,250.00 paid by Blue Circle to the Municipality on the Closing Date which is attributable to Proposed Closure Area B and abutting reserves with the calculation to be made in the same manner as set out in paragraph 8(a)(i), and (4) the repayment to Blue Circle of the sum of $370,550.00 paid by Blue Circle to the Municipality on the Closing Date less one half of the ~ costs expended by the Municipality following the date of execution by the Parties of the Principles either to payor to indemnify itself in respect of the costs incurred for one or more of the purposes set out in Schedule "C" . If the escrowed transfer of the Reconfigured Wests ide Marsh and escrowed transfer of the easements are returned to Blue Circle, Blue Circle s~~ll have no further obligation .~ereunder tp transfer the same. In the event that the transfer of the Reconfigured Westside Marsh is rendered void by reason of the provisions of the Perpetuities Act, R.S.O. 1990, c. P. 9, as amended or any successor legislation, the obligations of Blue Circle with respect to the fisheries habitat referred to in the Letter of Intent, the obligations referred to in the Monitoring and Maintenance Agreement with CLOCA and the obligations with respect to the construction of the Wests ide Creek Diversion Works shall also be rendered void. - - .. .. .. - - - .. - - - (v) Subject to paragraph 8(a)(iv), Blue Circle shall deliver in escrow to the Municipality transfers to CLOCA or otherwise directed by the Municipality of perpetual easements in Easement Areas "e", "D1", "D2", "G" and "H" shown on the plan contained in Schedule "K" hereto, free I and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which - - - - .. -23- ... Blue Circle shall grant to the Municipality, in the areas, for the purposes and to the transferees also as set out in Schedule "K" hereto; and III .. (vi) Blue Circle shall deliver to the Municipality transfers of Parts 9 and 13 on draft pl~ of survey prepared by Brown and Coggan under File No. 1970710 in fee simple free and clear of all encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P". ... .. The Option to Purchase referred to in these Principles shall be granted for a nominal consideration and have a form and content satisfactory to the Municipality's solicitor acting reasonably, provided that the Municipality assumes the rights and duties of CLOCA under the Monitoring and Maintenance Agreement. ... .. .. (b) The Closing Date ("Closing Date") shall be three. business days (excluding ..-.. ...... . .. . .' Saturdays, Sundays, and statutory holidays) after the last to occur of the following .. events: ... (i) satisfaction of the conditions set out in paragraph 1 of these Principles; .. (ii) the passing of by-laws by Council to close and authorize the conveyance of the portion of Waverly Road comprising the Proposed Closure Area A and reserves abutting such Area; ... .. (iii) the Lease to the Municipality by Blue Circle of the TemporC\IY Public Highway; .. (iv) the passing of a by-law by the Municipality to dedicate the Temporary Public Highway .until the expiry of the term of the Lease thereof to the Municipality ; .. .. III ... - - -24- (v) the date of approval of the later to be approved of the Approved Wests ide - Creek Diversion Works Plan and the Approved Overflow Channel Works Plan as referred to in paragraph 7; .. (vi) the exec~tion by Blue Circle and the other parties to it of the Letter of - . Intent referred to in paragraph 7(a)(ii); - (vii) the execution by Blue Circle and the other party to it of the Monitoring - and Maintenance Agreement referred to in paragraph 10; - (viii) the execution of an agreement by Blue Circle and Ontario Hydro to transfer an easement in Westside Creek Diversion Area A to CLOCA on - completion of the construction of the Westside Creek Diversion Works; - (ix) plans of survey have been prepared and deposited on title as provided in paragraph 16; - (x) satisfaction of the conditions set out in paragraph 23 of these Principles; - and - (xi)- the completion of the acquisition by the Municipality of all lands and interests in land, required for the reconstruction of Cove Road and the construction of the Wests ide Creek Bridge. - - 9. Fisheries Habitat .. Provided that the Letter of Intent containing terms satisfactory to Blue Circle acting reasonably is executed on \behalf of Blue. Circle, CLOCA, the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans, Canada, Blue Circle at its cost and in accordance with paragraphs 7(b) - -. - .. -25- ... and 7(c) hereof, will construct and install the Westside Creek Diversion Works including the dykes on Dyke Areas A and B shown on Schedule "A" hereto in accordance with the Approved W estside Creek Diversion Works Plan and the Approved Overflow Channel Plan and maintain the same at its cost in accordance with the provisions of the Letter of Intent and the Monitoring and Maintenance Agreement ~ubject to Force Majeure. III .. .. 10. Monitorine: and Maintenance Ae:reement .. (a) Forthwith after the execution of these Principles, Blue Circle will enter into a Monitoring and Maintenance Agreement with CLOCA containing terms satisfactory to Blue Circle acting reasonably, respecting the Wests ide Creek Diversion Works, and the Overflow Channel Works. ... ... IIIIIi (b) Subject to ..the terms of these Principles, Blue Circle will perform each of its covenants to CLOCA respecting the Wests ide Creek Diversion Works and the Overflow Channel Works which are contained in the Monitoring and Maintenance Agreement subject to Force Majeure. ... ... .. ... .. .. .. i' .. .. .. .. - -26- 11. Management Aereement - - (a) .. - - .... (b) - - - - .. - The Municipality will use its best efforts to settle the terms of and will execute an appropriate Management Agreement with CLOCA in respect of the planning and the management of the "Westside/Bowmanville Marsh Wetland Complex" which comprises the W estside Creek Diversion Areas A and B, the Overflow Channel Areas A, Band C, Dyke Area B, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the Bowmanville Valley lands and the. wetlands and valley lands south of the CN railway. The principal objective of the Management Agreement will be to ensure to the extent reasonably possible, by the actions of the parties to it that there will be no net loss overall in wildlife habitat and vegetation of the present Wests ide Marsh. The. Management" ^:greement will define.. the roles ~d responsibilities includ~g the financial responsibilities of the parties to it, as weli as .the members of the general community who are interested in ensuring that the ecological functions of the present Westside Marsh will be replaced with appropriate ecological functions in the Westside/Bowmanville Marsh Wetland Complex. In order to address this and related. issues, the Municipality will co-operate with CLOCA in the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland Complex. 12. Contribution to Start-Up Process - - - - - (a) To assist CLOCA in obtaining necessary funds to meet the start-up costs of its management of the Westside/Bowmanville Marsh Wetland Complex, conditional on (1) Blue Circle paying to the Municipality the sum of $707,800.00 on the Closing Date; and (2) Blue Circle paying the sum of either at least $70,000.00 either to CLOCA or at least the sum of $94,500.00 to a charitable organization for which CLOCA is seeking registration as an organization to which tax. ... -27- ... deductible donations may be made ("CLOCA Foundation") or the payment of at least $70,000.00 to the Municipality or as directed by the Municipality In accordance with paragraph 12(b) on the Closing Date, (3) the transfers to CLOCA of the lands and easements referred to in paragraph 8; and (4) the approval by the Municipality of the terms of reference for a study, the Municipality intends to pay to CLOCA a sum of money to be settled with CLOCA which shall not exceed $100,000.00, the payments to be made in response to periodic invoices to the Corporation as work is completed for the_ preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland Complex, provided that the Closing Date has occurred before any payment is made to CLOCA by the Municipality. .. ... .. .. .. .. (b) The Parties acknowledge that Blue Circle's payment either of at least the sum of $70,000..00 either to CLOCA or atleast the sum of $?4,500.oo to the CLOCA .. Foundation as referred to in paragraph 8(a)(iii) is intended to be used as start-up funds for the implementation of the Management Plan provisions, respecting the ecological functions of the Westside/Bowmanville Marsh Wetland Complex. In the event that before the Closing Date the Municipality directs that Blue Circle transfer the Reconfigured Wests ide Marsh to a transferee other than CLOCA, Blue Circle shall pay the aforesaid sum of at least $70,000.00 either to the Municipality or as the Municipality directs, to be used by the payee as the aforesaid start-up funds. .. ... .. .. .. ... 13. Ontario H vdro Easement ..... Subject to the terms of these Principles, Blue Circle will enter into an agreement with Ontario Hydro containing terms satisfactory to Blue Circle acting reasonably to permit Blue Circle to construct and install the Wests ide Creek Diversion Works on Wests ide Creek Diversion Area A including the dyke on Dyke Area A in accordance with the Approved Westside Creek Diversion Works Plan, the Letter of Intent and the Monitoring and Maintenance Agreement. ... .. .. .. - -- - - ... - - ... ... - - - - - - ... - - - -28- The agreement shall provide for the transfer, at Blue Circle's cost, of a perpetual easement in Wests ide Creek Diversion Area A to CLOCA and, if acceptable to Ontario Hydro, to Blue Circle forthwith after CLOCA gives notice to Blue Circle in writing that the Wests ide Creek Diversion Works on Westside Creek Diversion Area A have been completed to CLOCA's satisfaction. The easement shall be transferred for a nominal consideration and shall be in a form and have a content tha(is satisfactory to the Municipality's solicitor acting reasonably. 14. Westside Creek Diversion Subject to the terms of these Principles, Blue Circle will construct and install at its cost certain works and vegetation for the Westside Creek Diversion on Westside Creek Diversion Areas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in the Approved "Westside Creek Diversion Works Plan", the. Letter of. Intent, and the Monitoring and. Maintenance. . . Agreement. Blue CirCle will maintain the W estside Creek Diversion Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. 15. Overflow Channel Works Subject to the terms of these Principles, Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, Band C in accordance with the Approved Overflow Channel Works Plan. Blue Circle will maintain the Overflow Channel Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. .. -29- .. 16. Description and Transfers (a) (b) (c) .. Blue Circle at its cost shall prepare and deposit in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying the Reconfigur~d Wests ide Marsh, the Marsh Link Area, the Bowmanville Marsh, the BowmanviiIe Valley lands, Overflow Channel Areas A, B and C, Proposed Closure Areas A, B, C and D, Wests ide Creek Diversion Areas A and B, Dyke Area B and Easement Areas "B" to "H" inclusive, as referred to in thes~ .. .. .. Principles. .. All transfers to CLOCA or as otherwise directed by the Municipality shall have a form and content satisfactory to the Municipality's solicitor, acting reasonably. All governmental fees and taxes payable on the registration of such transfers shall be paid. in equal shares by Blue. Circle and by the Municipality. .. .. .. The Municipality at its cost shall prepare and register in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying Cove Road and the Wests ide Creek Bridge, inclusive as referred to in these Principles. .. .. 17. Security Fence and Si2l1a2e .. Forthwith after completion of construction of theWestside Creek Diversion Works and, the dykes located on Dyke Areas A and B, Blue Circle will construct and maintain signage warning of quarrying operations and a chainlink security fence with a minimum height of 6 feet with gates at locations first approved by the Municipality's Director of Public Works acting reasonably and to the s~tisfaction of Ontario Hydro, CLOCA and the Municipality's Director of Public Works, provided that prior to the commencement of quarrying operations including any excavation on any portion of the Future Quarry Area, Blue Circle may install a farm fence .. .. .. .. .. . .. .. -30- .. with a minimum height of 4 feet which shall be replaced by Blue Circle with the aforesaid security fence before quarrying operations are begun. - 18. Supply of Aggrel:!ate and Concrete When tenders are called for the construction and installation of the Cove Road and the Wests ide Creek Bridge Works, the Municipality will provide in the tender documents that aggregate and concrete supplies for the Works shall be purchased from Blue Circle, provide4 the prices to be paid therefor by the tenderer whose offer to construct and install is accepted by the Municipality do not exceed the then current market prices for these products in the Municipality that would be paid by the contractor but for the provisions of this paragraph 18. - - - - - 19. Official Plan Modifications and Zoning Amendments - (a) - - - - - - - - - Without fettering the Municipality's Co~ncil in the exercise of its .legislative discretion, it is the present intention of the Parties that forthwith after the passing of by-laws to close Closure Area A as a public highway and authorize its conveyance with the abutting reserves to Blue Circle pursuant to these Principles, (1) the Municipality will request that the modifications to the Region of Durham Official Plan and the Clarington Official Plan contained in Schedules "L" and "M" hereto, respectively, be made, and (2) after complying with the provisions of the Planning Act, will enact the amendments to its Zoning By-law which are set out in Schedule "N" hereto. Blue Circle will not object to any of the aforesaid Official Plan provisions and related designations, provided that the relevant approving authority continues to defer (1) all of the policies in Section 16.5 of the Clarington Official Plan, and (2) the words "and a commercial docking facility" in line 5 of Section 18.2.2, clause l8.2.2(a) and the dock area on the Blue Circle Lands which is shown on Map A-5 of the Region of Durham Official Plan, until the Temporary Public Highway is closed as a public highway and the Lease of the Temporary Public Highway is released to Blue Circle. (b) .. -31- .. Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that Council will enact the amendments to its Zoning By-law which are set out in Schedule "0" hereto as soon as is reasonably practicable after Proposed Closure Area B with abutting reserves is transferred by the Municipality to Blue Circle, and Blue Circle's licence to extract aggregate is amended to include Proposed Closure Areas A and B and to exclude the Reconfigured Westside Marsh. After the escrow terms of paragraph 8(a)(iv) have been satisfied, Blue Circle will act in good faith and with , ~ reasonable expedition in applying for and in prosecuting its application for the aforesaid amendment to its aggregate extraction licence under the Aggregate Resources Act. .. ... ... .. ... ... 20. Waterfront Trail Relocation . . The' Municipality will 'consent to thereiocation of my portion of the' Oncirrio Hydro Lands which have been licensed to the Municipality and have been developed for the purposes of a waterfront trail for the use of members of the public that coincides with anyone or more portions of Wests ide Creek Diversion Area A, provided that (1) the Municipality's Director of Planning and Development approves the design and specifications therefor in writing which shall not exceed the standard of surface improvement of the existing Waterfront Trail, (2) the cost thereof is paid by Blue Circle, and (3) Blue Circle provides a temporary alignme~!.. satisfactory to the Municipality's Director of Planning and Development acting reasonably for the portion of the Waterfront Trail in question throughout the construction period which is suitable for use by the public from April 1 to October 31 of the year(s) of construction of the Wests ide Creek Division \Vorks. Notwithstanding the foregoing, the Municipality agrees that Blue Circle may interrupt the Waterfront Trail for construction purposes for reasonable periods of time, provided that Blue Circle gives notice in writing to the Municipality's Director of Public Works at least 48 hours before each interruption stating the likely duration of the :interruption in question and installs signs approved by the aforesaid Director at either end of the Trail to notify members of the public that the portion of the Trail in question is closed. """ ... ... .., .. .. .. ... .. .. III ... ... -32- .. 21. Removal of CBM Crusher _ No later than two years after the later of the days on which a by-law is registered closing the Temporary Public Highway as a public highway and the Lease of the Temporary Public _ Highway is released to Blue Circle, Blue Circle at its cost shall remove the crusher presently located on the portion of the Blue Circle Lands which is adjacent to the Ontario Hydro Lands .. and presently used in connection with the CBM operations, from the Blue Circle Lands. Following the removal of the aforesaid crusher Blue Circle will not instal or cause or suffer any--- _ person to instal a crusher dedicated for use in the CBM operations on any portion of the Blue Circle Lands. ... 22. Interdependency of Principles and Covenants Not to Mer2e - (a) Each. of the Pi"inciples c~ntained herein is .!nterdependent until.the Closing Date upon the perfoffilance of the covenants of the Parties that are required to be completed prior to or on the Closing Date pursuant to paragraphs 7(a) and 8(a). ... - (b) All covenants, provisions and terms contained in these Principles on the part of both Blue Circle (save for title) and the Municipality shall not merge on the Closing Date but shall survive the Closing Date and for greater clarification,.~ha11 not merge upon the delivery of any transfer of any of the Blue Circle Lands to CLOCA or as the Municipality may direct. ... ... ... ... ... ... - - .. ... -33- 23. Conditions of Blue Circle .. These Principles are conditional on Blue Circle on or before the date of Unwinding set out in paragraph 24 satisfying the following conditions: (a) (b) (c) .. ... Blue Circle being able to satisfy the requirements to obtain the necessary agreements and approval from third parties as set out in subparagraphs (i), (ii), (Hi) and (iv) inclusive of paragraph 7(a) hereof; ... .. Blue Circle obtaining the necessary approval and appropriate partial discharges and postponements in favour of the transfers and easements of portions of the Blue Circle Lands which are to be given under these Principles by Blue Circle from the holder of all trust indentures, charges and mortgages affecting all or any portion of tl:J.e Blu~Cir~le Lands which are to be inclu.ded in such transfers or easements; and .. .. .. Blue Circle either obtaining the necessary consents under the severance provisions of the Ontario Planning Act to the partial discharges of all trust indentures, charges and mortgages affecting the lands being transferred by Blue Circle under these Principles or the Municipality agreeing to take title to all such lands so that such consents are not required pursuant to section 50(17)(c) of the Planning Act. ... "'" .... 24. Unwindine of Principles .. .. In the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) is not satisfied prior to December 31, 1999, these Principles shall terminate and have no force or effect ("Unwinding"). In the event of an Unwinding of these Principles, neither Party heretodshall have any liability whatsoever to the other Party hereto. .. .. .. ... -' ... ... ... ... ... ... ... - ... ... ... ... - - - - - ... -34- 25. Environmental Condition Immediately after execution of these Principles, Blue Circle shall provide the Municipality and/or CLOCA with access to those portions of the Blue Circle Lands which are to be transferred to CLOCA.or as the Municipality may otherwise direct pursuant to these Principles for the purposes of the performing of Environmental Site Assessments by qualified professional environmental consultants. Such access shall be subject to the rights of any existing tenants of such lands and the Municipality or CLOCA as the case may be shall indemnify and - save Blue Circle harmless from any costs, damages or liability whatsoever or injury to persons or animals arising by reason of or in consequence of such access being given. Upon completion of such inspections as the Municipality or CLOCA may deem appropriate, complete copies of all reports or other written correspondence or memoranda dealing with such inspections shall be delivered to Blue Circle. These Principles are conditional within the time frame set out herein on ~~ Municipality's D~rectors of Planning .and Development ~d ~blic. Works ~in, consultation with CLOCA, each acting reasonably, being satisfied that the lands to be transferred to CLOCA or as otherwise directed by the Municipality are not unacceptably contaminated having regard to the purpose of the transfers as contemplated in these Principles. If written notice is given by the Municipality to Blue Circle prior to the expiry of the 45 day period commencing on the day on which these Principles are executed that the aforesaid lands or any of them are unacceptably contaminated, these Principles shall terminate and neither Party shall have any liability to the other and if no such notice is given, this condition shall be deemed to be satisfied. This condition is included in these Principles for the benefit of the Municipality and may be waived by the Municipality by notice in writing given to Blue Circle. 26. Assumption Aereement Required If Blue Circle desires to sell, lease including renewals for a term of twenty-one (21) years or more or charge the Blue Circle Lands prior to the Closing Date, Blue Circle shall first require the proposed purchaser or lessee to enter into an agreement with the Municipality to be bound by these Principles with respect to that portion of the Blue Circle Lands being acquired by them .. -35- .. to the same extent as if such proposed purchaser or lessee was a party to these Principles. Where a mortgage, charge, lease, assignment of lease or sublease of a leasehold interest is given by way of security for financing, then such mortgagee, chargee, lessee, assignee or sublessee thereunder shall not be bound to assume such of Blue Circle's obligations and covenants unless and until such mortgagee, ch~rgee, lessee, assignee or sublessee takes possession or control of the Blue Circle Lands pursuant to such security and then only for such period of time as they remain in possession or control of the Blue Circle Lands. The parties agree that these Principles do not create an interest in land other than in those portions of the Blue Circle Lands to be. conveyed to CLOCA or the Municipality as set out herein and neither these Principles nor any notice, caution or other registration relating to these Principles shall be registered, filed or recorded in any way against the title to the balance of the Blue Circle Lands. .. .. ... ... .. ,~. .. 27. Governin2 Law .. These Principles are governed by and shall be interpreted and enforced in accordance with the laws of the Province of Ontario, Canada. .. ... 28. Time of Essence Time shall be of the essence of these Principles. ... 29. Effect .. These Principles are binding on and enure to the benefit of the Parties and their respective successors and assigns. .. ... .. .. .. tlIIII '- - - - - - - - - - - - - '- - - - - - -36- 30. Notice If any notice or other document is required to be or may be given by either Party hereto to the other or by any official of the Municipality to Blue Circle under this Agreement, such notice shall be transmitted by lelefax or mailed by prepaid registered post or delivered to: Blue Circle: Blue Circle Canada Inc. 400 Waverly Road South Bowmanville, Ontario LIC 3K3 Attention: Plant Manager - , Phone No.: Fax No.: (905) 623-3341 (905) 623-4695 The Municipality: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario. . . . LIC 3A6 Attention: Chief Administrative Officer .' Phone No.: Fax No.: (905) 623-3379 (905) 623-0830 or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out' above, then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 31. Authority of Municipality ... -37- .. .. Blue Circle acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreemept is made by the Municipality in reliance on the acknowledgement and agreement of Blue Circle as aforesaid. .. ... ... IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the' day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized hi that behalf. SIGNED, SEALED AND .DELIVERE~ WI .. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON "", .. Mayor .. Clerk .. BLUE CIRCLE CANADA INC. ... Per: Name: Title: "", Per: .. Name: Title: ... ... - .. ... - - - - - - - - .. - - .. - .. - - - .. - SCHEDULE "A" DESCRIPTION OF BLUE CIRCLE LANDS FIRSTLY: ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Bowmanville, in the Township of Darlington, in the County of Durham, in the province of Ontario, and being composed of parts of Township Lot Eleven (11) in the Broken Front Concession, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and North of the Northerly limit of Registered Plan Number 198 and its production Easterly, the boundaries of the said parcels being more particularly described as follows; "- PARCEL 1 Part of Darlington Street and parts of Lots 156, 157 and 158, and all of Lots 159 and 160, according to a plan made for Wilson, Armour and Mearns, by Thomas Wallace Herrick, P.LS., registered the 28th day of May, 1857, now known as Plan H50078, and part of Township Lot 11 in the Broken Front Concession of the Township of Darlington, now within th~ limits of the said Town of Bowm~ville, containing by admeasurement 1.32 acres, be the same more or less, which said parcel or tract of land .may . be more particularly described as follows; COMMENCING at the point of intersection of a fence marking the Southerly limit of the Canadian National Railway right-of-way with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit nineteen hundred and sixty-six and sixty-one one-hundredths feet (1966.61') on a course of South 17 degrees 36 minutes 30 seconds East from the North- Easterly angle of said Township Lot 11; THENCE South 17 degrees 36 minutes 30 seconds East along the Easterly limit of said Lot 11 a distance of two hundred and thirty-seven and fifty-one one-hundredths feet (237.51') to an iron bar planted at the point of intersection with the Northerly limit of a sixty-six foot (66') service road expropriated by Deposited Plan Number 14618 forthe Town of Bowmanville; THENCE South 85 degrees 34 minutes 30 seconds West in said Northerly limit of the service road a distance of three hundred and fifteen and six-tenths feet (315.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road leading Southerly from said Railway right-of-way; THENCE North 17 degrees 37 minutes 30 seconds East along the Easterly limit of the said road a distance of two hundred and sixty-six and eight one~hundredths feet (266.08') to an iron bar planted at the point of intersection with a fence marking the Southerly limit of the said Railway right-of-way; ... SCHEDULE "A" - 2 - .. THENCE North 87 degrees 55 minutes 30 seconds East along the Southerly limit of said Railway right-of-way a distance of thirty-nine and twenty-five one-hundredths feet (39.25') to an iron bar marking an angle in the said limit; liliiii .. THENCE South 88 degrees 00 minutes East continuing along the said Southerly limit a distance of one hundred and twenty-three feet (123') more or less to the POINT OF COMMENCEMENT. . ... SUBJECT TO whatever rights the public may have in that part of unopened Darlington Street running across the land hereby conveyed at the Northern limit thereof and adjoining the said Canadian National Railway right-of-way. As described in InstrumentNumber 30724. .. PARCEL 2 liliiii Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying East of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 12.45 Acres, be the same more or less, said parcel or tract being more particularly described as follows; .. .." COMMENCING at an iron bar planted at the point of intersection of.the Southerly limit of a sixty-six foot (66') service road expropriated by said Deposited Plan Number 14618, with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit twenty-two hundred and seventy-one and nine-one one-hundredths feet (2271.91') from the North-Easterly angle thereof; II1II .. THENCE South 85 degrees 34 minutes 30 seconds West along the Southerly limit of the said service road a distance of one hundred and eighty-seven and twenty-nine one-hundredths feet (187.29') to an iron bar; ... .. THENCE South 17 degrees 35 minutes 30 seconds West a distance of three hundred and eight and forty-two one-hundredths feet (308.42') to an iron bar planted in the Northerly edge of a creek; liliiii THENCE on a general bearing of North 68 degrees 13 minutes West in and along the Northerly edge of the said creek a distance of one hundred and fifty-eight and six-tenths feet (158.6') to .. an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road running Southerly; .. THENCE South 17 degrees 37 minutes 30 seconds West along said Easterly limit a distance of sixty-eight and ninety-eight one-hundredths feet (68.98') to an iron bar marking an angle in the said limit; liliiii .. ... ... - - - - - - - - - - - ... ... - - - - - SCHEDULE "A" - 3 - THENCE South 66 degrees 08 minutes 30 seconds East continuing along the limit of the said road a distance of ninety-two and eleven one-hundredths feet (92.11') to an iron bar marking an angle in the said road; THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of fifty-three and seventy-nine one-hundredths feet (53.79') to an iron bar marking the North-Westerly angle of the lands described in Instrument Number 14862 for the town of Bowmanville; THENCE North 63 degrees 30 minutes 30 seconds East a distance of thirty-seven feet (37') to . an iron bar; . THENCE South 66 degrees 41 minutes 30 seconds East a distance of one hundred and thirty and ninety-two one-hundredths feet (130.92') to an iron bar marking the South-Easterly angle of the lands described in said Instrument Number 14862; THENCE South 63 degrees 30 minutes 30 seconds West along the Southerly limit of the said lands a distance of one hundred and twenty-one and five-tenths feet (121.5') to an iron bar planted at t4e point. of interse~tion with the Easterly l~t of the aforesaid road~ THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of five hundred and sixty-seven and fifty-eight one-hundredths feet (567.58') to an iron bar marking an angle in the said road; THENCE South 51 degrees 08 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and four and one-tenth feet (104.1') to an iron bar marking an angle in the said limit; THENCE South 31 degrees 20 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of seven hundred and seventy-seven and eighty-one one-hundredths feet (777.81') to an iron bar marking an angle in the said limit; THENCE South 16 degrees 10 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and thirty-two and ninety-two one-hundredths feet (132.92') more or less to an iron bar planted at the point of intersection with the Easterly production of the Northerly limit of Registered Plan Number 198, said iron bar distant Easterly in said production thirty and sixty-five one-hundredths feet (30.65') from the most Northerly angle of Block "0", Registered Plan Number 198; THENCE North 68.degrees 08.minutes 30 seconds East in said production a distance of one hundred and four and seventy-five one-hundredths feet (104.75') more or less to the point of intersection with the Easterly limit of said Lot 11; filii SCHEDULE "A" - 4- filii THENCE North 17 degrees 38 minutes 30 seconds West along the Easterly limit of said Lot 11 a distance of nineteen hundred and six feet (1906') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. .. ... Save and Except: ... That Part of said Parcel 2 being that Part of Lot 11, Broken Front Concession designated as Parts 4, 5 and 7, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. ... .. PARCEL 3 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and West of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 52.57 acres, be the same more or less, said parcel or tract of land being more particul~ly described as follows: ... .. .. COMMENCING at an iron bar planted at the North-Westerly angle of Registered Plan Number 198 for the Town of Bowmanville; ... THENCE North 68 degrees 08 minutes 30 seconds East along the Northerly limit of Blocks "H" and "K" according to said Registered Plan Number 198 a distance of eleven hundred and sixty and one-tenth feet (1160.1') more or less to an iron bar planted in the Northerly limit of Block "N", Registered Plan 198, said iron bar distant Westerly in the last-mentioned limit thirty-five and sixty-eight one-hundredths feet (35.68') from an iron tube marking the North Easterly angle of said Blook "N"; .. ... .. THENCE North 16 degrees 10 minutes 30 seconds West along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of one hundred and thirty and seven-tenths feet (130.1') to an iron bar marking an angle in the said fence; .. THENCE North 31 degrees 20 minutes 30 seconds West continuing along a fence marking the Westerly limit of said road a distance of seven hundred and fifty-seven and five-tenths feet (757.5') to an iron bar marking an angle in the said fence; ... THENCE North 51 degrees 08 minutes 30 seconds West continuing along a fence marking the Westerly 'limit of the said road a distanee of one hundred and seven feet (lOT) to an iron bar marking an angle in the said fence; ... .. ... .. - - - - - - - ... - - ... - ... ... - - - - - SCHEDULE "A" - 5 - THENCE North 26 degrees 29 minutes 30 seconds West continuing along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of seven hundred and twelve feet (712') to an iron bar marking an angle in the said fence; THENCE North 66 degrees 08 minutes 30 seconds West continuing along the said fence marking the South-Westerly limit of the said road a distance of one hundred and thirty feet (130') to an iron bar; . THENCE North 21 degrees 08 minutes 30 seconds East continuing along the Westerly limit of the same road a distance of forty and five-tenths feet (40.5') to an iron bar marking an angle in the said road; . THENCE North 17 degrees 37 minutes 30 seconds East continuing along the Westerly limit of a sixty-six foot (66') road a distance of two hundred and forty and nine-tenths feet (240.9') to an iron bar planted in the line of a fence running North-Westerly. THENCE North 55 degrees 07 minutes West along the centre line of the said fence a distance of eighty-three and four-tenths feet (83.4') to an iron bar marking an angle in the same fence; THENCE North 00 degrees 57niinut~s :30 seeondsWest continuing -along the said'. fence .a distance of twenty-three feet (23;) to an iron bar; THENCE South 87 degrees 44 minutes West a distance of two hundred and twenty-five feet (225') to an iron bar; THENCE North 112 degrees 46 minutes West a distance of three hundred and two feet (302') to an iron bar planted in the Southerly limit of the Canadian National Railway right-of-way; THENCE South 88 degrees 14 minutes West along the Southerly limit of the Canadian National Railway right-of-way a distance of three hundred and thirty-five and five tenths feet (335.5') to an angle in the said limit; THENCE South 50 degrees 46 minutes West continuing along the Southerly limit of the Canadian National Railway right-of-way a distance of fifty-nine feet (59') ~o an iron bar marking an angle in the said limit; THENCE South 80 degrees 16 minutes West continuing along the Southerly limit of the said Railway right-of-way a distance of two hundred and seventy-five feet (275') to an iron bar planted at the point of intersection with the Westerly limit of said Lot 11, said iron bar distant Southerly in the last-mentioned limit sixteen hundred and fifty-eight feet three inches 91658'3") more or less from the North-Westerly angle of said Lot 11; ... SCHEDULE "A" - 6 - till THENCE South 17 degrees 46 minutes East along the Westerly limit of said Lot 11 a distance of twenty-six hundred and fifteen and seventy-five one-hundredths feet (2615.75') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. .. .. Save and Except: .. That Part of said Parcel 3 being that Part of Lot 11, Broken Front Concession designated as Part of Part 1, Part 2 and Part 8, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. ... SECONDLY: .. Lots 1, 2, 3, 4 and 5, Blocks A and B, Plan 694, formerly in the Geographic Township of Darlington, now in the Town of Newcastle, Regional Municipality of Durham, and those parts of the one foot reserves, on Plan 694, designated as Parts 3, 5, 7 and 9 on Plan lOR-852 save and except the following lands: .. .. . . . . That Part of Lot 4; PI.an. 694, .being designated as Parts 4 .and..5, Expropriation Plan 88190, Town of Newcastle, Regional Municipality of Durham; ... That Part of Lots 1 and 3, Plan 694, being designated as Part of Part 1, Expropriation Plan 88189, Town of Newcastle, Regional Municipality of Durham; ... That Part of Lot 4, Plan 694, being designated as Parts 11 and 12, Plan lOR-852, Town of Newcastle, Regional Municipality of Durham; .. TOGETHER with those rights of way as more particularly described in Instrument No.s. N30904, N30725 and N30720. .. THIRDLY: ... Parcel CL-47 51 in the Register for Section Water Lot Darlington, being part of the bed of Lake Ontario in front of parts of Lots 14 and 15 and the road allowance between the said lots, Broken Front Concession, as shown on the plan of the Township of Darlington, being also in front of Lots 4 and 5 and Block "B", as shown on Registered Plan 694, designated as Part 1 on a plan and field notes of Water Lot Location CL-4751 deposited in the Land Registry Office for the Registry Division of Newcastle as Plan lOR.2426. .. ... lIIlII .. .. ... -- SCHEDULE "A" - 7 - - FOURTHLY: - Parcel CL-8140 in the Register for Section Water Lot Darlington being part of the bed of Lake Ontario in front of parts of Lots 15 and 16, Broken Front Concession (formerly Township of Darlington), Town of Newcastle, Regional Municipality of Durham and in front of Registered Plan 694, designated as Part ! on Plan 40R-I4460. - - - - - - - - - - - - - - - SCHEDULE "B" Auguust 27, 1997 LETTER OF INTENT Russell Powell Chief Administrativ~"Officer Central Lake Ontario Conservation Authority 1 00 Whiting Avenue Oshawa, Ontario L I H 3T3 Glenn Price Ontario Ministry of Natural Resources 50 Bloomington Road West Aurora, Ontario L4G 3G8 Vic Gilman, Area Manager Fisheries and Habitat Management. - Qntario Area Department of Fisheries and 'Oceans Canada P.O. Box 5050, 867 Lakeshore Road Burlington, Ontario L7R 4A6 Re: Blue Circle Canada Inc. (formerly St. Marys Cement) Bowmanville Quarry Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures Dear Gentlemen: Enclosed please find four copies of the Letter of Intent signed by Gary Gentles, president of Blue Circle Canada Inc. As you know, Blue Circle has recently purchased St. Marys Cement. In this final process of approval, we request that you sign the final m cont'd .... ..,~ ~ DILLON .. CONSULTING .. 100 Sheppard A,'enue East. Suite 300. .. Toronto. Omario. Canada M2N 6N5 . .. Mail: Box 1850. !\:orth York. Omario, Canad.l .. M2N 6H5 Telephone - (416) 229-4646 Fax (416) 229-4692 ... ... ... ... ... ... - .. .. Dillon Consulting Limited .. .. ... ... - Page 2 August 27, 1997 Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures - ... - page of each letter where indicated. Following this, please courier this letter with the four copies of the Letter of Intent to the person whose name appears next on the list, using the appropriate envelope. - The signed Letter of Intent will then be inserted into the final version of the Wests ide Marsh Fish Habitat Compensation Report and distributed immediately. - We would appreciate execution of this process in a timely fashion and thank you in advance for your attention. - ., .. '. '. , ... Yours sincerely, Dillon Consulting Limited .. .. ~L~. -R~ Shawn Taylor, M.Sc. Project Manager -, Enel. - - - - - JAL:mrb 94-1800-13 -02 - "'\..\~ BLUE CmCLE CANADA INC. BOWMANVILLE QUARRY LEITER OF INTENT TO IMPLEMENT FISH HABITAT MITIGATION AND COMPENSATION MEASURES FINAL In accordance with the Federal Department of Fisheries and Oceans' Policy for the Management of Fish Habitat (DFO 1986), and the Habitat Conservation and Protection Guidelines (DFO 1994), and with particular reference to the principle of "no net loss of the productive capacity of fish habitats": Blue Circle Canada Inc. will provide habitat enhancement measures in Wests ide Creek and Wests ide Marsh as described in the report and preliminary concept drawings prepared by Dillon Consulting Limited and in the drawings prepared by Marshall Macklin Monaghan. This has been prepared following the recommendations of the Waterfront Regeneration Trust November 13, 1995 report. To compensate for the destruction of21.28 hal of Wests ide Marsh and 550 m of Wests ide Creek (totals 10.14 productivity units [p.U.]), Blue Circle Canada Inc. will implement the following measures. Although Wests ide Marsh is a Class 2 Provincially Significant Wetland, the Provincial Wetland Policy does not apply, as the current quarry licence predates the Policy. 1. Westside Creek Diversion - Creation of 2,540 m Natural Lowflow Channel (0.93 P. U.) . . . . ..' . . Construct a 1,835:m long floodwayand approximately 2,540 m long bankfull/low flow channel combination, in a valley varying from 5 - 8 m in width along the Ontario Hydro Corridor, to divert flow from Wests ide Creek to the Northern Tip of the wetland and, subsequently to the new Creek Mouth and into Wests ide Marsh. The channels will incorporate fish habitat features to allow migration of fish and provide spawning resources for forage fish species. Three culverts will be constructed 55.0, 110.0 and 42.5 metres in length. One cell of each culvert will be installed at an elevation to allow migratory passage by fish and to maintain sediment transport, while other cells will carry flood flows only. The Creek Diversion is divided into six distinct reaches with the following geomophologic characteristics. A minimum of2 growing seasons will be allowed before diverting water flow to allow plant establishment, conduct maintenance and minimize erosion. Preliminary design drawings for each reach are presented in Appendix B of the report. I Please see Table 6.3, the Minns Method productivity model for translation of hectares to productivity units. Note the area of fish habitat destroyed exceeds the areas that will be created or enhanced, but that the lost productivity units are balanced such that there is no oct loss. .. .. .. .. ... .. .. ! .. .. .. .. .. .. ... .. IIIIiI ... 1 .. .. - - - Westside Creek Diversion Channel - GeommmholoQic Characteristics Reach 1 Reach 2 Reach 3 Reach 4 Reach 5 Reach 6 Bankfull Width (m) variable 1.5 3.0 2.5 1.8 1.8 Bankfull Deoth (m) variable 1.4 1.2 0.3 0.55 0.4 trh1ander Band Width 5.0 5.0 6.5 6.5 8.0 8.0 Meander Radius (m) variable 4.05 7.8 6.7 4.9 4.9 Meander Freauencv (m) variable 12-1 5 21-27 17-23 14-17 14-17 Sinuosity 1.1 1.5 1.5 1.8 1.5 1.5 Gradient (%) . 1.75 0.28 0.16 0.017 0.012 0.13 r~IL'dfVg Ifi ~r) 100 365 82 180 465 435 u verts .. - - - Reach I . A medium gradient transition zone 110m long will be constructed between the existing railroad culvert and the lower invert elevation required for Reaches 2 and 3. A gravel bed nourishment zone will be built over a reinforced rootwad comer, which is followed by a series of Riffle Gravel Beds. The geometry is based on a Rosgen Type C4 channel in a Sm wide flood way channel. Reach ends at culvert under Waverley Road. The Riffle Gravel Beds will be constructed 0.5-1.0 m deep from a mixture of 20% 5-10 mm limestone gravel, 40% 10-30 mm riverstone and 40% 50-70 mm cobblestone. - - ... Reach 2 . The lo,w gradient, .547 m long, entrenched lowflow channel is based on Rosgen Type E6 geometry. The reach extends from Reach I to the first set of Hydro Tower culverts (42 m long), and includes the Waverly Road culvert. . Woody trees and shrubs will be established along the floodway side slopes to the top of bank. Slopes faces are will be hydroseeded with native grass species and toes of slopes to be bioengineered with live willow socks at 2.0 m spacings (as detailed in Drawings L5, L7 in Appendix B). . The floodway bottom (5 m wide) will be lined with organic topsoil from the wetland including plant propagules obtained from the converted portion of the Northern Tip sub-unit . The lowflow channel will be lined with limestone gravel to encourage formation of a riffle-step pool complex, to create microniches for aquatic insects and create potential spawning habitats for forage fish species. Submerged tree cover logs will be provided to enhance habitat - .. - .. - Reach 3 . A low gradient '30 m long, entrenched, lowflow channel similar to Reach 2 will be constructed with the exception of a wider (6.5 m) floodway and wider and more shallow lowflow channel. This short reach provides a transition from Reach 2 to the Northern Tip wetland area. . Floodway and lowflow channel treatment similar to Reach 2. - - 2 .. - ... Reach 4 e, A very low gradient, 324 m long, lowflow channel through the Northern Tip of the Wetland will be constructed during winter frozen conditions. A relatively wide and shallow channel will be constructed to innundate the surrounding wetland area during low intensity, frequent stonn events as well as larger events. e Railroad Creek flows will be integrated into the meander pattern of Wests ide Creek at a constructed confluence. ... IIfIII .. Reach 5 e A very low gradient, 698 m long, lowflow channel extending from the Northern Tip of the Wetland toward the southern extension of the Creek will be implemented in one 8 m wide regularly inundated floodway. This reach also contains the second set of Hydro Tower culverts (42 m long) which will be built with one cell lower in elevation to ensure constant fish passage. e An erosion buffer between the flooded channel and floodway side slopes will be bio-engineered with a continuous bond of shrub willow wattles to provide erosion revetment, shade, food resources for fish and wildlife habitat. · The drier portions of the floodway channel bottom including the bankfull and low flow channels will be layered with organic soils (200 mm deep) from the Wetland, or equivalent, as a medium for planting a dense vegetative growth of emergent aquatic plants (Le. sedges, sweet flag, blue flag irises) along the streamside over the silt clay based substrate. e. The floodway side slopes will be stabilized with bioengineered woody plants (i.e. buckthorn, .staghorn sumac) and grass seed.to stabiliZe the soil and mice established; willbe-keptunmaintained, in a natural state'. .. .. .. ... .. ... Reach 6 · A very low gradient 653 m long lowflow channel with pennanently flooded channel and floodplain will be constructed throughout the base of the floodway channel. · The valley will be pennanently flooded by the wetland backwater to approximately 75.1 m.a.s.l., with a spring high water level of 75.4 m a.s.l.. The valley will have riparian vegetation along a 1.0 m band at the toe of slope with hardstem and river bulrush throughout the 8.0 m wide floodplain. A 200 mm deep layer of organic soil from the wetlan.<! will provide the growth medium. · The valley side slopes will be bioengineered with native willow, buckthorn and sumac planti}1gs in an alternating scale pattern, at a spacing of 6 m or with 30 m2 clumps randomly planted over the slopes. · The flooded channel will be built out into the Creek Mouth open water zone to integrate the two waterbodies at an estuary as described below. Depending on the current flow rates of the stream and water levels in the Marsh, the flooded channel mouth will create numerous habitats for fish, invertebrates and other related organisms. .. .. .. .. .. ... ... 3 ... IIIIIl - - 2. New Westside Creek Mouth - Creation of2.52 ha Deep Water Refuge (2.02 P. U.) - - - - - - - 3. - - - ..... - - - - - - . Approximately 2.52 ha of deep water refugewill be created with littoral zones and aquatic plant beds at the Creek mouth. Creation of 3 zones of 2.5 m depth for over-wintering fish refuge, 0.5 - 1.5 m depth shallower spawning, nursery, and forage habitats for Centrarchids, Percids and northern pike and 2 pools of 1.5 m depth for other aquatic organisms. Shallow Open Water Zones of depths to approximately 1.0 m below low water level (LWL) will be p~nted with submerged and broad leaf emergent macrophytes and stocked with root tangles to provide habitat for yellow perch, largemouth bass, crappie, brown bullhead and juvenile northern pike. Aquatic macrophyte beds such as Potomogeton, water lily, bladderwort and Elodea will be established by transplanting at 2 foot on-centre spacings using plants from the wetland and/or plants grown from seed from Wests ide Marsh or Bowmanville Marsh. A total of 50 adult Largemouth Bass (I kg) will be stocked in the Creek Mouth during the establishment period. The deepwater zones will be stocked with 21 deep or shallow water structures (root tangles, tree tangles, inverted rootwads, log cribs) and 17 semi submerged structures (fallen trees) to provide cover for all life stages of yellow perch, largemouth bass, crappie and brown bullhead. . . . East End of Berm - Creation of 1.65 ha of Pike Spawning Habi~at (1.32 P.U.) . . .' .' . - . . . A total of 1.65 ha of spawning and nursery liabitat for northern pike will be created by removing this area of the existing topsoil berm and reconfiguring the bottom. Emphasis will be on nursery habitat creation. . The area will be excavated, lined with organic soils 300 mm deep, from the wetland and planted as specified following. Wet Riparian Zones that will be seasonally flooded to the normal High Water Level, will be constructed with shallow slopes and planted with narrow leaf emergents, broad leaf emergents and wet tolerant grasses in order to develop suitable conditions for spring spawning northern pike and forage fish. Channels and pools will be planted with submerged aquatic plants to create pike nursery habitat. Existing wetland vegetation will be transplanted at 2 foot on-centre spacings or through the mass movement of _ plant propagules from existing sedge meadows during the dormant season. Micro channels, to improve access to this zone by these species will be field-fitted to be appropriate to the conditions. The channels will be stocked with 8 submerged or inverted root or tree tangles to provide shelter and cover habitat for larval and juvenile northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead as well as haul outs for reptiles (ie. turtles). A series of embedded chain link fences sections will be constructed at the nine inlets to protect the new habitats (East end berm, Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. . . . 4 .. . The remaining benn will be replanted with oak tree seedlings (black oak, white oak and red oak) and prairie grasses to create additional habitat resources and as complementary wildlife habitat. .. 4. Central Basin - Enhancement of 6.02 ha (2.41 P.U.) .. . Enhancement of 6.02 ha of Central Basin with eight deeper water zones to provide winter and thennal refuge for largemouth bass and other target fish species (i.e. northern pike and yellow perch) will be constructed by hydraulic dredging or by dredging through the ice: Deep Op!n Water Zones of depths to approximately 2.7 m below L WL will be excavated and supplemented with submerged and floating macrophytes at 1.0 m spacing. The Zones will be stocked with 17 deep water structures (tree tangles, root tangles) and 14 shallow water structures (log cribs) to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead. A series of four islands to deflect creek flows into the Marsh for increased open water circulation and residence time will be constructed from the dredgate. Fish and wildlife habitat abutting the island chain will be enhanced through vegetation transplanting and root wad stabilization. The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. A total of 200 largemouth bass will be stoc~ed in the Central Basin at the start of the establish~ent peridd. . ... .. . .. . .. .. . .. . ... ... .... I.lIIIli .. .. .. .. 5 .. .. - 5. - . - . - . - - Littoral Zone Along New Partition Berm - Enhancement or 0.53 ha (0.16 P.U.) Shaping of all side slopes facing the Marsh with elliptical edge will be completed with followup planting of woody shrubs, trees and emergent aquatic macrophytes. Alder and willow to be cleared from the alder thicket will be used where practical. A total of 530 m of shoreline edge will be scalloped over a width of 10m and faced with granular substrates below the waterline of mixed grades of fine gravel, coarse gravel, cobblestone and boulders suitable for fish and invertebrate substrate spawners. Submerges! rocky shoals and woody debris will be established in the littoral zone as shoreline. cover where no vegetative cover (i.e. water lilies) remains. A total of 8 shallow water cover structures (root tangles, tree tangles) will be placed along the shoreline. 6. Northern Tip - Enhanced Access to 1.81 ha (0.77 P.U.) - - . A transition zone along Wests ide Creek through the 1.81 ha retained northern tip will be established that has bankfull and lowflow capacity channels. Construction will occur during the winter to minimize vegetation disruption. 7. West Basin - Enhances Edge Habitat over 0.85 ha (0.17 P.U.) - - - - - . Two deep open water zones will be constructed with vertical wall dropoffs along the cattail clumps to incr~e the ne~overa:1I area. of edge habitat and increase aCceSs to the. fringeareas of cattail clunips and habitats in the overflow floodway. Two zones of depths to approximately 2.7 m below L WL will be excavated and planted with submerged and floating macrophytes at 1.0 m spacing. The zones will be stocked with 4 deep water structures (tree tangles, root tangles) to provide overwintering habitat for adult northern pike and all life stages of yellow perch, largemouth bass, crappie and brown bullhead The existing macrophyte community will be enhanced to provide both shallow and deep water cover through transplanting aquatic vegetation as above. . . 8. Cattail Clump 3 and 4 - Enhances 1.19 ha (0.12 P.U.) - - - - - - . Portions of cattail clumps 3 & 4 will be excavated to provide edge habitat, cover, open water habitat and greater edge structure. Isolated islands of cattails will be retained to allow greater edge habitat, terrestrial habitat resources and provide vertical cover. Create deepwater zones to depths of3.5 m in areas of excavated cattails ensuring distinct drop-off structure at points of elevation change. . 6 9. 10. .. Backbeach - Enhanced Access to 2.88 ba (1.15 P.U.) .. e Access channels.3 to 1.7 m deep (74.3 to 73.7 m elevation) will be excavated throughout entire le~gth and area (2.88 ha) of the backbeach sub-unit. Construction will occur during winter freezeup to minimize impacts to vegetation. Penn anent water channel linkages to both the East End Benn (South Benn), central basin and outlet channel a minimum of 1 m wide and maximum of 4 m wide will be constructed. A series of embedded chain link fence sections will be constructed at the nine inlets to protect t4,e new habitats (East end benn, Backbeach) during the 2 year establishment period by prohibiting carp entry and predation of vegetation. Adjacent to the remnant fen community, construction will be strictly controlled to avoid impacts to the fen. Protective fencing will be installed to prohibit vehicle traffic from the fen and delineate the protection area boundaries. ... ... e ... ... e Overflow Floodway Channel- Created Shallow Zones over 0.35 ha (0.21 P.U.) till e A low flow channel will be excavated within the 12 m wide floodway to a continuous invert elevation of73.5 m. The area considered to be habitat is to be 0.35 ha. The low flow channel will mimic the design of the floodway channel of West Side Creek The meander pattern will be irregular with small offside channels, blind ponds and dense emergent vegetation. . The floodwaywill be'constructed to. a ~idth of12 m at base and.,wiUbe flooded at the . . marsh interface and slowly increasing in elevation until the control point at Waverly Road at an elevation of 75.68 m, a distance of 250 m. Organic soil from the wetland will be layered to a depth of 300 mm between elevations of 74.0 and 75.68 moo Excavated cattails from marsh construction (i.e. clumps 3 and 4) and salvaged sedge meadow propagules will be transplanted into portions of the floodway at the appropriate depths. The Overflow Floodway Channel will provide water depths rangining from 1.5 m to zero during the summer to encourage the establishment of diverse vegetation similar to that of the existing sedge meadow where the laad is above the nonnal water level. .. ... e. .." . .. . till . .. II. Mitigative Methods ..Ii Detailed mitigative methods will be detennined during detailed design work and submitted for review by the Ministry of Natural Resources, Central Lake Ontario Conservation Authority and the Department of Fisheries and Oceans, Fish Policy and Habitat Management Branch along with the ... design drawings. Initial mitigative methods to be considered are as follows; . Dredging of existing wetlands to be completed by a barge mounted hydraulic dredge or through the ice with an excavator, with dredgate deposited in an abandoned portion of .. ... 7 .. .. - - - - - ... ... .. ... ... ... . wetland for settlement. The dredgeate will be deposited to a location, and in a manner such that it will not re-enter the open water areas of the marsh. Where feasible, work is to be completed under dry conditions; all water control materials, (ie. Sand bags) shall be removed from the site, Construction to occur primarily in winter and summer when fish spawning and bird nesting / migration are minimal. Reflecting the cold water status of the Lake Ontario fishery and potential for silt mobilization, an in-marsh construction constraint of April 1 to July 1 will be observed for using heavy equipment in the construction of the wetland so that impacts to the offshore fishery and nesting birds are minimized. A sediment and erosion control plan will be established on the detailed design drawings and will be adhered to by the contractors. This plan will be reviewed and approved in advance by the Ontario Ministry of Natural Resources - Aurora district and the Department of Fisheries and Oceans, Fisheries and Habitat Management - Ontario Area. Machinery working in and around water will be in good working condition, free of extraneous grease and oil and will be refueled no closer than 30 m away from the water, An emergency spills management plan will be prepared and implemented during construction of all habitats, . Where possible (ie. Creek Diversion), water flows will be diverted elsewhere while the bioengineering works become established, The existing remnant fen will be protected from intrusion with stout fencing during construction of the Backbea<?h access channels or when machinery are working in the area. Similar natural areas will be fenced and mark~d as restricted areas during construction to protect sensitive vegeation and wildlife communities. The Hemi-Marsh within the wetland will be so marked following installation of the partition berm, and Transfer offish and vegetation will be under the direction of the supervising biologist. . . . . . . .. 12. Construction and Establishment Timing .. - - 13. .... - - . - Construction will occur primarily in the winter and summer months over three years beginning in 1998. The Creek .valley habitats will be stabilized with a minimum of 2 years growth of bioengineering materials prior to moving waterflow into the new Creek bed and closing ?ff the wetland. An establishment period of two years will follow primary construction to allow plant densities to increase, sediments to stabilize and repairs to be completed. During this period, carp- control fencing will be erected at the Creek Diversion, Creek Mouth, East End Berm, and Backbeach areas. The establishment period may differ among habitats as activities such as fish stocking, weeding, fertilization, fencing, will be required. Detailed Plans Detailed drawings of clearing and. grubbing, survey layout, sediment and erosIOn control, 8 IIIiI landscaping, culvert works, channel morphology, floodway design and habitat structure details will WIll be submitted to the signatories of this agreement for final approval by November 30, 1997. 14. Monitoring Plan WIll A ten year post habitat construction monitoring program will be implemented to assess the success and utilization of the reconfigured Creek and Marsh covering at least three spawning seasons. Population changes in the indicator species as identified in the Report will generally be used to determine the lev.el of success of the project in achieving no net loss of productivity. .. - Automated data recorders of water levels and temperatures are currently operated in the Marsh and Creek. An automated weather station was installed at the Blue Circle Canada Inc. Technical Centre in 1996 to collect data on rainfall, air temperature, wind speed and wind direction. The automated dataloggers will be maintained throughout the construction, establishment and monitoring periods. Air photography will be conducted on an annual basis, and at the same time each year, covering the project life span. Bedload sampling in the Creek will be performed at ten permanently monumented locations to determine sedimentation and erosion rates. .. WIll ... A Pre-construction data collection program will collect the following information: ... . Inventory the fish species community using 3 foot hoop nets, fine mesh seining and . electrofishing usi~g a standard level of effort . . Water and bedload sediment sampling will be undertaken in the Creek, both upstream and downstream of Waverly Road, and within the wetland to establish preconstruction levels of suspended sediment and associated particle sizes. Records of the following parameters will be collected at the water surface and just above the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen, temperature, pH, secchi disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period: chlorophyll a, particulate organic matter & total particulates. Spring pike spawning activity will be documented to determine use and locations _ Monitor under-ice dissolved oxygen, temperature, pH and conductivity in standardized locations. - . .. . ... .. .. . . During the Two Year Establishment Period, installation of long term monitoring apparatus will be conducted along with inspection and maintenance of the works. .. . Place gangs of four sedimentation tubes in five locations within the Creek Mouth and Central Basin to chart the accumulation of sediments in these areas during the 10 years post construction. ." .. 9 ... tIIi - - - - - ... ... . - . ... - . - . .. - - - - .. - - Inspect the meandering low flow channel, side slopes and bioengineering works in diversion channel for stability of the channel and valley walls. Collect bedload samples at monumented stations during six event flows. Install concrete monument posts at ten selected locations along the Creek Diversion and accurately plot the valley cross sections to establish the new baseline conditions before abandoning the old creek bed and initiating flow to the new channel. Install gangs of eight bank pins on 2: 1 slopes and survey in to measure relative vertical rates of movement. · Inspect plant beds, grading and habitat features in wetland and implement warranty work by the c<fntractor prior to finalization of construction contract. A ten year Post Construction monitoring program will be implemented that collects and analyzes detailed performance data to be colle<1ted in years 2, 5 and 10 following the establishment period as follows: . Survey permanent monuments and bank pins along sections of the Creek Diversion; collect geomorphology monitoring statistics (cross sections, velocity, erosion rates, offset distance) and inspect bioengineering works to confirm the rate of meander migration and slope stability. Collect water samples at five of the monumented stations every 500 m along the Diversion Channel and at the Creek Mouth outlet three times (seasonal) per year; analyze for Total PhosP9Qrus; Soluble. Reactive Phosphorus and Total Organic Carbon. Collect representative samples of streamside vegetation biomass. Conduct in stream sediment sampling twice per year at monumented stations during event flows to characterize the bedload of the diverted creek. Map the depositional zones and sediment plume on digital base. Analyze sediments for Total Phosphorus and calculate mass loadings. Records of the following parameters will be collected at the water surface and just above the bottom bi-weekly during the ice-free period to chart the rate of turbidity and primary productivity increases over the growing period: Dissolved oxygen, temperature, pH, secchi disk, turbidity. Samples of the following will be collected from mid water column bi-weekly during the same period: chlorophyll a, particulate organic matter ~ total particulates. Inventory the fish species community using 3 foot hoop nets, fine mesh seining and electrofishing at standard control stations in each new habitat using a standard level of effort. Spring pike and early summer largemouth bass spawning activity will be documented to determine use and locations of spawning activity. Inspect created physical habitats in the wetland for physical changes and plant colonization. Review the long term creek flow and water level data to recalculate the water budget. Fish habitat assessment will accompany the field efforts to document the :post habitat . . . 10 II1II construction plan and profile, including depths, substrates, vegetative cover and other cover types. A digital air photo map of habitat features and vegetative communities will be developed for each year of the program with an overlay of the habitat areas so that long tenn trends in vegetation encroachment and sedimentation patterns can be observed. .. .. Reporting will include interim, cumulative monitoring reports will be prepared for submission in the second and fifth years following the period of establishment. A final report following the tenth year of post construction monitoring will integrate all of the results of the previous years and provide a realistic summll.(y of the project successes and failures. These reports will be submitted to all signatories ofthis-agreement by June 30 in the year following the major monitoring periods. .. .. 15. Plan Deviation .. It is understood that constraints may arise which may result in a deviation from the proposed plan. Any deviations will be discussed and approved in advance with Fisheries and Habitat Management- Ontario Area Office, Department of Fisheries and Oceans, Burlington. .. The Department of Fisheries and Oceans, Ontario Region, will: ... . provide advice on the proposed projects and offer assistance regarding interpretation of any aspects of the "Policy for the Management ofFish Habitat" which will requ.ire clarification. ., . . The Central Lake Ontario Conservation Authority, will: . review the detailed design drawings and. provide written comments to Blue Circle Canada Inc. and provide advice on sediment and erosion control as necessary. .. .. The Ontario Ministry of Natural Resources, will: . review the detailed design drawings and provide written comments to Blue Circle Canada Inc., provide advice on fishh transfers, fish stocking practices as necessary and provide a fish transfer penn it to allow the supplementary stocking of Largemouth Bass. .. .. ... .. .. III 11 II1II .. - - - ~~ Gary Gentles. Pre:sident Blue Circle Canada Jnc. ~ '2..)'( ""I, Date - - .. n.v. GHman. Area tvhnager ~partm~: cfFLshe:ics and Oceans FiUleries ar.d Habitat l\.W1:tgerncnt . Onla.;o Date - Glen Price Area Supervisor, Aurora District Ministry of Natural Resources Date - .. Russell Powell Chief Administrative Officer ~ntra1 Lake Ontario Conservation Authority lYatc ... - .. .. .. - - - August 1997 Page 12 - - .. SCHEDULE "C" ... STATEMENT OF PURPOSES .. The costs referred to in paragraph 8(a)(iv) of the Principles are the following: ... . land appraisals .of the lands to be acquired for the reconstruction of Cove Road and the construction of the Westside Creek Bridge; and - .. . legal services provided to the Municipality in respect of the acquisition of lands and interests in Cove Road, the Wests ide Creek Bridge and approaches thereto, and the implementation of the Principles including representation of the Municipality in any hearings that may be required to obtain approvals of senior governments, retainer of experts to prepare reports and appear as witnesses, the acquisition of lands and interest and approvals of the Official Plan provisions and "ioning ame~~ents. referred to in thesePrincipl~s,. and the n~gotiation . and preparation of a management agreement with CLOCA; and ... -- .. ., . engineering consulting services respecting the implementation of the Principles and obtaining necessary approvals of senior governments referred. to in the Principles, the preparation of working drawings and specifications for the works referred to in these Principles, preparation of tender material and construction contract documents, award of contracts, construction supervisions and performance of the duties of the Municipality's engineering consultant under the construction contract; and ... ... .. .. . acquisition of lands and interest in Cove Road, and lands required. for the Wests ide Creek Bridge and approaches to them; and .. .. .. fill . - - SCHEDULE "C" -2- - . the reconstruction of Cove Road and the construction of the W estside Creek Bridge in accordance with these Principles. ... - - - - - - - - - - - - - - . - 'II SCHEDULE "D" ... WESTSIDE CREEK DIVERSION WORKS PLAN .. NOTE: .. In addition to the works shown on the following plans, Blue Circle will plant a vegetated buffer zone on the lands outside of ~e top-of-bank of the Wests ide Creek diversion channel as follows: .. a) at the waterfront trail, between Waverly Road to the first set of towers, a planted vegetated buffer area totalling approximately 12 metres generally comprised of approximately 2 metres at the top-of-bank and approximately 10 metres south of the, waterfront trail and planted with mixed deciduous tree and shrub seedlings; .. .. b) by the Marsh Link Area, a vegetated buffer zone approximately 10 metres wide comprised of mixed deciduous hardwood seedlings 3 metres off-centre; .. c) between the Wests ide Creek Diversion Area B and the quarry, a vegetated buffer zone planted with white spruce seedlings 3 metres off-centre; and .. d) . . at all other locations, a ~egetated buffer area totalling approxiniately.lO metres wide . comprised of approximately t metres at the top-of.:.bankand 8 metiesoutside of. the- easement area to be planted with shrub seedlings 3 metres off-centre. ... tIIIiII .. .. tIIIiII - .. .. -1- .. 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I WOe I', :::! ff.:21 J LL .'1 if. 0 I I~ ~;~ .. c. c... ~~I I i I I- ! , I,$~~ ;......... t! { ; i , II jI I II :1 Ii . i/: 'I:: : ij i _ : ~~.~ \~". , \111 ; i .~l :ILLJ-..." '1'1 ' :-~^:." !i!! !,"J:~JO :h; ! ....~;. Ii ; ; .' .~: 'ij: : '.>: i ,. , Ie ioc i~ !.=? d: ;i j! i 1 , " 'I: , . 1'1. , ; :.' ! I ',' I , i i I I . , ~y!! '. I C) <C ~ ~, C .: ....... .,. ':. .-Jc;<l:-CO->.....-......f'o. , i ' I , I- I . : i i i II ' I.'.....; ---'1- T SCHEDULE "D- ! J Ii ! ; h i T 2 H ! I ; , ~i I . I II I ~ I ' I :~ I ) , · J~ I I I:,i il~ Idlqh~ iu;IHi .l!Isl!~ ~~!~!~~~ "',t' . b . I · i I ! , . , .' ;s w ::; <> z 8 w Vl Vl Vl W '" zo gg, u.... :X'" I~ <:> NlO' ~~ ....0 ~p~ I ...i I I I I i -1 I I r.. :I ~'~~i~ .;.~~ . '. 1 ~ ~ il I' " ., il ~J I, I. i} ii fl ~i ," !~ Dl " :i I, 'I I~ ;1 .~Q ~"!l .~ _~ Ii!! ..~ xl _8t h~ ".~ O~i5: m ~u i~y~r Ii<' ..M;o~ ieoi~ i II -1\ I I -' ~ r a!~ I n 1111- . s ..R!r I~!! t. ~ ~ w <>; ~ wO :;:'" -~ ~o 0'0 '" o ~'" =~ "'z w:: I Ot.~ i! 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Soli :.,;~'li":~ ~ en: ].~:o~~ 3:. ':7'? ~., "J :;U '"':' ~.:; <;~i3 ~.ft~ ~ ",:," ...-1'-" · ~~ 7~~~~~ ~ Ti:;: _S '" ~ ~ !.!: -. ~ !immj, .~ ~~ ,H<!':,; d I .:. .' c !l.::I ~.~! '3 ~; , ~ t: H~::~~ >c I ::i .;!,) ~,=a:ii::l i ,,'" I ~ ~~6 ~::I~_~'~ ~~ I ~ .,"'0 E;~~E- ~., I q; ".,.: ~;;;",;s ...1 I ~ ll~ v:~~~~ ti ! :;;, -,<>c .c....'& ,;. <= &._.~ nli~!~ p ~ -g~~ '6_..5:2.-.s:-i >: '.:: .. ~. ~~ .." t' .-.: ~ ::I;;~ ,~~:,! ~J ~ -;~~ ~~nf! '::.! ~oc.. oi~.!)~~ ~~ I I 2' ~i .>: : g; : ~~; .J' ," i Ii: ! :. ~ ! <';:;~ ~~ ! . I I I ! I ! I I . II Ii I i i i I 1 I I I ! - SCHEDULE ., D" .. .. .. - ~ ." ~ .. ~ < 0:: ;;i .. 5 ~ z ~ - 5 ~~ .. III f !illl ",~ id!i; .. .'ill illi'l Illi;; .. lI~dIIC .. .. .. .. ... ... III ... SCHEDULE O'D" - - . II; 'II L . Iii r J'_ III~ '\ illS. . 1.111 - - - - '~ .. .. - ~ ~ :a ~ i 5 ~ -z. ~ ~ ~ (.) - .. .. - - - SCHEDULE ., D ,. ... ~ m ... ~I") :reO i3~ fiG .. Ol:i: j;~ 5 . ::E~ .. ~< 5~ III ~ ... iu z ... .-. Isl ... - .11. .Iil. illl ... .. "" 1'C~8 ~ 03S0dO~d ... ... i "" I I .. t .. I ... "" III ... ---- ..-- ..- ... ! -11- .. .. .. SCHEDULE liE" .. OVERFLOW CHANNEL WORKS PLAN .. - - - - - - - .. .. .. .. - - - - 0 w "" < "- Ii! Ii: , ~ 1 l n l _ PROPOSED CLOSURE AREA "B" I t- o SCt:lEDULE lip' -' ROAD MAP OCTAll. 'A' (..I to K..) t f t ~ / ~ ~ ~ ~ . {}J'I05 ~ . : l ~ ~ :~ ~ ",,, · ~ U/yVI?O ,.. ., . ,.,.,. I ~~ pt#. , . "'" I()liTIo~'O I " " m to .. 0 Z y 0> '" 0 Z z :3 z (L :'i lL :3 << 0 w "" I[ t- o -' SCHEDULE -- -...-........ -...-. - ............- -------- ~- __.LIII.............._ -..... --...- ... Ol to ; o z z :3 (L .. .__......1(1. __w PLAN -40R-~ --- .. _....~- ~- .. PLAN OF SURIIEY OF PART OF LOTS .:5 &: 4, PART Of THE RESERVE. EAST or WAVERLY ROAD, PART Of THE RESERVE. WEST or WAVERLY ROAD. AND PART OF BLOCKS '. 2 & 'c' (BEING . !w.VEUED ROIoO KNOWN AS WAVERLY ROAD) AU. ACCORDING TO REGISTERED PlAN 694, TOWNSHIP OF OARlINGTON. now in lhe MUNICIPALITY OF CLARINGTON REGIONAl UUNICIPAUTY or DURHAM ~_.l~UV~OI,S. .. ... 't J L..r .. .. SURVEYOR'S a:RT1flCAlt: ,-.-, "- -------..--..- a.__Cl_.._oa___ a. IIC___......_,,-._ .-- --- .. .. - BEARlNC REItRENCE . =o:.:::=C.-:'~--:-':"'-..-_-"':::; . -.;.------ .. NOTES . LlC[HD ~-- ~-- ..-s___ ----- ~-- .-s___ --- ~ MIl .. .. .. .. "" "" BR(M"N &: COC..(A'I lID. ~t.-.o~ t~~... .. ....._ -.I, . _ 1__ lHT'S : 1lIS1AHCE'S SUOWll ON 1..-s l'VH oWl:E '" loCT"I:U NI) CNt BE 00frMRTtI) TO f'EET In' OM>>IG 8'l' O.J00r4 1 .. .. - - - - - " '" lD SCH[OUl.[ ''''~ _..._QQocSl.,. . ...........- - ......---........-.- ----.. ---- -1-", .----.... __1IC_ PLAN 40R-llIZ: --- ~- ~ PLAN or SURVEY or PART or LOT 4, PART or THE RESERVE. EAST or WAVERLY ROAD. PART or THE RESERVE, WEST or WAVERLY ROAD. AND PART or BLOCKS I, 2 '" 'c' (BEING A TRAVELLED ROAD KNOWN AS WAVERLY ROAO) All ACCORDING TO REGISTERED PLAN 694, TOWNSHIP OF DARLINGTON, now in the MUNICIPALITY Of CLARINGTON REGIONAl MUNICIPALITY or DURHAM ~.~lfU..OI.S saru -, ISOO ~ .... 01 <0 ~ .. J L...:r ~ ci z If' II ~g~ ~ 011 z ~ ~ ! !I: III >~!ir=~i~ ~I u. g W . ..~~ ~o.i .~_8 W IJ ~~ ; t ~~:~~ 0: (/) = a.. ~I 1:11; ~P}<~i~ !~I ~... ~ C (JCW W<( I' e:( wZ:I: il ~I ~ H': J!~lill'!1 i I: 0 ce:(~ ..J:s " . I 0: (jjUJo :J " ~l!;-: ~ g, I~ w I-(!)o: fac n. ~;~~lliii~ d ii e5 (/)Ca.. Wa:a.. (J ?:me:( x<( I I 00 111111 (/)1:1: , Il\.OC\<. . I _ 'G ._ Il\.OC\<: L--J----1 ot 101 I i .J.-~---I I r---- L.J..-- I l:;'j I I ~~~~ \ I I '" I I I al 101 \ I I r---,.,o;, I I r-::~O~ '\ I.H, I 1>1:)0181 1---- I I I I I ~~~~ .- \ I I I I i ~l 101 , I I I I ~--- I I ~l 101 - - - - - - ----L. - -L - -.J_ -.L-....L.-..1...- ___ 5 ~ in en w u z o u ,... z o '" ... '" u z g w Ul '" o '" (Il .... o -' ~<-- .. III .. III -<< ?;, --~ -:---J 101 0 z / -{ --\ i--\ 101 "' --j a=x=:-=:~' y 1_~~1_ ~ \ t._ ~ 1O~ "-\ :'~~~l,O~.~~ ~ .---:--:1=:-::=1 ... '~ ""...... ~---.-f.~ w ..~~: MIl _-=\ ~ 101 ----- "" --\ 9 ---~-4 -:- -\ L___~. .' ~ \ a___~ ~ ~ ~ ~=~ 10~~ \ OL____~:_\__ _--\ tl .LO" ~ ---~-rt - - \ -------'- - - \ 101 --L._.~ 'i. ~ \ ~ ~ 't \ \ '%. Q 't ~ ~ '0 't,. (.) 'q::J~ -:;::;. '::) ........-: :::;:: .J .........:::;:..---" -""I ~:~: ~ --- .,,-.-y---- ,.-.\ .....-'~ ---\ --- --- --\ --- -;.-- -- --- ~ -&. -----\ -- --- --- ..-\ -- --- --- ~ --.; --\ __-- iIo ~-- -A ....--- --....---\ -- -- --- u o. 'I '. It I. II I. "I it ... .. 101 III ... o ~ 'i o .. ... .. .. ... w 3 ... .; 'Z- ~ ... ~ ~ '" I I I \ \ \ \ \ \ \ ~ ~ .. .. ~ -- .. 3 ... - - J - LOT 14 - - - .. .. ... - BLUE CIRCLE lANDS - .. c .. ... OVERFLOW CHANNE LANDS" I ) I f,::,: I - I OVERFLOW I CHANNEL : LANDS "A' I Ontario - ... r;-:;] PROPOSED 2: 1 QUARRY ~ SlOE SlOPE '" BENCH [j]_=== PROPOSED DMRSION CHANNEl. SlOE SlOPE 2 or 3:1 .. - SCHEDULE nAil - - SCHEDULE "G" ... COVE ROAD AND WESTSIDE CREEK BRIDGE PLANS AND SPECIFICATIONS ... ... ... ... ... ... ... ... .. ... ... .. .. III .. .. .. - - SCHEDULE "H" - DESCRIPTION OF PROPOSED CLOSURE AREAS AND RESERVES ABUTfING PORTIONS OF W A VERL Y ROAD - 1. Proposed Closure Area A and Abutting Reserves All of Parts 1, 3 and i on Plan 40R-17774 .. .. 2. Proposed Closure Area B and Abutting Reserves All of Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 on Plan 4OR-17775 .. 3. Proposed Closure Area C and Abutting Reserves All of Parts on Draft Plan 40R- prepared by Brown & Coggan Ltd., under File No. and Part 4 on Plan 40R-17774 .. - 4. Proposed Closure Area D . All of Parts on Draft Plan 40R- prepared by Brown & Coggan Ltd. under File No. .. - 5. Temporary Public Highway Part 9 on Plan 40R-17774 - - .. .. .. - - - .. z." SCHEDULE "I" ... ESTIMATED COSTS OF CONSTRUCTION OF COVE ROAD. WESTSIDE CREEK BRIDGE AND EXTENSIONS OF TEMPORARY PUBLIC HIGHWAY MUNICIPALITY OF CLARINGTON BOWMANVILLE .. Construction of Roads and Bridges Preliminary Cost . Estimate Structure Spanning Wests ide Creek (32m) $500,000.00 West Approach Cedar Crest Beach Road (126m) 130,000.00 East Approach Cove Road (550m) 480,000.00 (1) Roads A & B (Cove Road Northerly) (30m) 40,000.00 Extension of Cedar Crest Road, West of Waverly Road (50m) 7,000.00 (3) Improvements to Haul Road 13,600.00 Utility Relocation (Bell) 50,000.00 (2) Utility Relocation (Hydrq) . ,ll0,OOO.00 (2) ,. Illumination 15,000.00 TOTAL (excl. taxes) $1,345,600.00 .. ... 1IlIIlI 1IlIIlI ... 1IlIIlI ... 1. INCLUDES RECONSTRUCTION OF WEST BEACH ROAD AT COVE ROAD INTERSECTION 1IlIIlI 2. FIRM SERVICING PROPOSALS AND ASSOCIATED COSTS HAVE NOT BEEN RECEIVED TO DATE FROM ONTARIO HYDRO, CLARINGTON HYDRO & BELL CANADA. COSTS PROVIDED HEREIN ARE WITHOUT BASIS AND ARE SUBJECT TO ADJUSTMENT. "" 3. AGGREGATE TO BE SUPPLIED BY ST. MARYS CEMENT CORPORATION. 1IlIIlI NOTES: PROVISION OF MUNICIPAL WATER FOR DOMESTIC AND FIRE SUPPLY TO SERVICE RESIDENTS ON CEDAR CREST BEACH ROAD, COVE ROAD AND ROADS A & B IN THE EVENT OF DISRUPTION OF THE EXITING GROUND WATER SUPPLY WOULD BE SOURCED FROM THE REGION OF DURHAM - "BOWMANVILLE WATER SUPPLY PLANT" LOCATED ON PORT DARLINGTON ROAD (SEE LOCATION PLOITED ON THE AITACHED MAP). COSTS TO PROVIDE THIS SERVICE IS ESTIMATED AT $950,000.00 AND IS ADDITIONAL TO THE TOTAL COSTS SHOWN HEREIN. 1IlIIlI 1IlIIlI ... PROPERTY ACQUISITION AND LEGAL SURVEY COSTS ARE NOT INCLUDED GOODS AND SERVICE TAXES ARE NOT INCLUDED .. DESIGN, TENDERING AND CONSTRUCTION ADMINISTRATION COSTS ARE INCLUDED .. .. - - - - - - - - - - - - - - - - - - - -8- Schedule "G" "Cove Road and W estside Creek Bridge Plans and Specifications" Schedule "H" "Description of Reserves Abutting Portions of Waverly Road Schedule "I" # "Estimated Costs of Construction of Cove Road, W estside Creek Bridge and Extensions of Temporary Public Highway" Schedule "J" "Schedule of Construction of W estside Creek Diversion Works" Schedule "K" "Plan Showing Easement Areas and Description of Transferee and Scope" Schedule "L" "Modification of Region of Durham Official Plan" Schedule "Mft "Modifications of Clarington Official Plan" . Schedule"N" "Zoning Amep,dment -1" . Schedule "0" "Zoning Amendment 2" Schedule "P" "Permitted Encumbrances It 3. Waverly Road (a) Blue Circle has applied to the Municipality of Clarington for the enactment of the necessary by-laws to close and authorize the conveyance to Blue Circle of the portion of Waverly Road identified on the Road Map contained in Schedule "F" hereto as "Proposed Closure Area A" together with the abutting reserves set out in Schedule "H" hereto. Blue Circle at its expense will cause to be prepared and deposited on title in the Land Registry Office, a Reference Plan identifying Proposed Closure Area A, "Proposed Closure Area B", "Proposed Closure Area C" and "Proposed Closure Area D" (each term as hereafter defined) as separate Parts. The Parties will act expeditiously so that, if possible, since the hearing of persons interested in the proposed by-law respecting Proposed Closure Area A (b) llIIIII -9- III and the abutting reserves set out in Schedule "H" hereto has been held by Council September 29, 1997, Council will be in a position to make a decision on Blue Circle's application as soon as is reasonably practicable to do so. III ... Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that as soon as is reasonably practicable after the enactment of the dedication by-law referred to in Paragraph 6 hereof respecting "Cove Road and the Westside Creek Bridge" (as hereafter defmed), Council will consider whether to close and authorize the conveyance to Blue Circle of "Proposed Closure Area B" shown on the Road Map contained in Schedule "F" hereto together with the abutting reserves set out in Schedule "H" hereto provided thateither the Municipality is satisfied that a cuI de sac to the Municipality's rural standards will be available for turning vehicles and is secured by a perpetual , , easement transferred to theM~cipa~ity by Ontal", io Hydro at no ~st ~<? the . . . ... . Municipality or the Municipality retains title to the land required from the northerly portion of Proposed Closure Area B as a turning circle for vehicles traversing Waverly Road. III III III .. .. ... ... (c) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that the consideration to be paid by Blue Circle to the Municipality for the conveyance to Blue Circle of Proposed Closure Areas A and B and the abutting reserves set out in Schedule "H" hereto, and by Blue Circle, as its contribution to the "Cove Road and the Wests ide Creek Bridge Works" (as hereafter defmed) will be: ... ... ... - (i) the payment to the Municipality of the sum of $707,800.00 which shall include $337,250.00 as the consideration for the transfer to Blue Circle of Proposed Closure Area tA, Proposed Closure Area B and the reserves abutting them with the value of $337,250.00 being allocated to Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them I11III IIIIi I11III ... ... - - - - - - - - - ... ... ... - (d) - - - - - -10- on a proportionate basis calculated on the areas of Proposed Closure Area A, Proposed Closure Area B and the reserves abutting them; (ii) the payment to CLOCA of at least the sum of $70,000.00 or to the "CLOCt\. Foundation" (as hereinafter defined) of at least the sum of $94,500.00 or of at least the sum of $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; " (iii) the transfer to the Municipality of Parts 9 and 13 on draft plan of survey prepared by Brown and Coggan under File No. 1970710; (iv) the transfer of the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands to CLOCA or as otherwise' directed by the Municipalio/ inaccordance.:with.paragraph 8 (a) (ii); (v) the delivery of transfers to CLOCA in escrow of the Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey prepared by Brown and Coggan under File No. 1970710 as provided in paragraph 8(a)(iv) of these Principles; and (vi) the entering into by Blue Circle of the other agreements set out in these Principles, all in accordance with the provisions of these Principles. Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that on the application of Blue Circle, Council will consider a by-law to close the portions of Waverly Road identified on the Road Map contained in Schedule "F" hereto as "Proposed Closure Area C" and the abutting reserves set out in Schedule "H" hereto and "Proposed Closure Area D" and the abutting reserves set out in Schedule "H" hereto and will consider a by- law to authorize the conveyance of Proposed Closure Area C to Blue Circle. The .. -11- .. Parties acknowledge that the lands comprising Proposed Closure Area C and abutting reserves are intended by Blue Circle to be part of a buffer zone for the quarry on the Blue Circle Lands. Without fettering Council in the exercise of its legislative discretion, the present intention of the Parties is that Council will consider this intended use of Proposed Closure Area C and abutting reserves in determining the consideration to be paid by Blue Circle in exchange for their conveyance to Blue Circle by the Municipality. Council and Blue Circle may also consider as part of the consideration for the conveyance of Proposed Closure Area C and abutting reserves, accepting Blue Circle's covenant on terms acceptable to both parties to keep in repair and maintain the bridge over the CN railway right-of-way identified on the Road Map contained in Schedule "F" hereto. It is understood and agreed by the Parties that when it submits its application to the Municipality for the closure and conveyance to it of Proposed ,Closure Area C, Blue Circle will provide the Municipality with evidence satisfactory to the Municipality's Director of Publlc Worlcs either that it owns the abutting portions of Waverly Road with the exception of the reserves set out in Schedule "R" hereto, or that the owners thereof have consented to the closure of them as a public highway and conveyance of them to Blue Circle. .. .. .. .. :::.'-'~ .. \i .. .. .. .. .. (e) Without fettering Council in the exercise of its legislative direction, it is the intention of the Parties that on application of CLBCA, Council will consider by- laws to close and to authorize the conveyance of Proposed Closure Area D together with the abutting reserves set out in Schedule "R" hereto, to CLOCA. Effective on the date of closing of the "Temporary Public Highway" (as hereinafter defined), as a public highway and termination of the Lease (as hereinafter defined), Blue Circle hereby irrevocably consents to the closure of Proposed Closure Area D as a public highway and to its conveyance to CLOCA · for a nominal/consideration. 1\ .. ... .. .. III I11III ... - - -12- - 4. Lease. Improvement and Dedication of Temporary Public Highway (a) .. - - - (b) - - - - - - - - .. - - - Forthwith after the execution of these Principles, Blue Circle will construct the extension of the private road shown on the Road Map contained in Schedule "F" to Waverly Road in accordance with plans and specifications approved by the Municipality's Director of Public Works acting reasonably provided that the Director shall have regard for the temporary nature of the Temporary Public Highway in making his determination as aforesaid.. If Council decides to pass the necessary by-laws to close and authorize the conveyance to Blue Circle of Proposed Closure Area A and abutting reserves as referred to in paragraph 3(a), prior to (1) the passing of the aforesaid by-laws by Council and (2) the occurrence of the Closing Date, Blue Circle will lease ("Lease") on a wholly net..basis, except as otherwise provide<l in paragraphs 4(a) . . . and 4(b), the portion of private road and the extension of it to Waverly Road shown on the Road Map contained in Schedule "F" (collectively referred to as the "Temporary Public Highway") to the Municipality for a single payment of a capitalized rent of $2.00, the receipt whereof is hereby acknowledged by Blue Circle. Until dedication of the Temporary Public Highway as a public highway, Blue Circle shall be entitled to use it as a roadway for its operations. The Lease shall provide that Blue Circle will have the right either to cross over the Temporary Public Highway or to tunnel under the Temporary Public Highway or to construct the bridge over the Temporary Public Highway including, without limitation in all cases the right to install and maintain a conveyer for materials for the purposes of transporting raw materials for processing at its plant; provided that all costs of constructing and maintaining any such improvements shall be the responsibility of Blue Circle and all such improvements shall be made in accordance with plans and specifications approved by the Municipality's Director of Public Works, acting reasonably and provided further that the use of the Temporary Public Highway as a public highway is not interrupted except for ... .. -13- temporary disruptions first approved by the Director acting reasonably if an alternate route acceptable to the Director is provided for the period of the temporary disruption. Without limiting the generality of the foregoing, Blue Circle shall be entitled to have at least a total of four truck crossing points across the Temporary .Public Highway and Waverly Road at such locations as may be approved by the Municipality's Director of Public Works, acting reasonably. The Lease shall provide that Blue Circle shall only have the right to exercise the foregoing rights in the event that the terms of the escrow set out in paragraph 8(a)(iv) have extended more than three years from the Closing Date. The Lease shall be subject to a condition subsequent of the transfer to Blue Circle of the Proposed Closure Area A and abutting reserves referred to in paragraph 3(a) and shall have a term of one year which shall be automatically renewed until it shall terminate on the day on which the Municipality's Council passes a by-law dedicating C?ve, Road and the W~stside CreekBrid~e. (or any readjus~ent thereto or alternative access as determined by Council) as a public highway. Until Blue Circle gives the Municipality written notice pursuant to paragraph 8(a)(iv) requiring the return of the escrowed transfers and the repayment of the sum of money referred to therein, Blue Circle will indemnify the Municipality against the' capital cost of necessary improvements to or reconstruction of the portion of the road that contains a culvert under the Temporary Public Highway, as may be deemed necessary by the Municipality's Director of Public Works acting reasonably, provided that the Director shall have regard for the temporary nature of the Temporary Public Highway in making his determination as aforesaid. Without derogating from the foregoing, the Lease shall also provide that the Municipality shall maintain at its expense the Temporary Public Highway for the term of the Lease. .. .. .. .. .. - .. .. .. .. .. - ... ... (c) Without fettering the Municipality's Council in the exercise of its legislative discretion, the Parties express their present intention that by-laws will be passed: ... ... till - - - - - - - - - - - - - - - - - - - -14- (i) prior to the occurrence of the Closing Date to dedicate the Temporary Public Highway as a public highway until the termination of the Lease; and (ii) on or as soon as is reasonably practicable after the dedication of Cove Road and the Wests ide Creek Bridge as a public highway, to close the Temporary Public Highway as a public highway. 5. Emer2encv Access to Cedar Crest Beach Road (a) Blue Circle hereby irrevocably licences to the Municipality for a nominal consideration a portion of the Blue Circle Lands to be selected by Blue Circle which is acceptable to the Municipality's Director of Public Works acting reasonably .to provide an, emergency access route for emergency ve~cles including fire vehicles from Highway 401 to the westerly terminus of Cedar Crest Beach Road and for residents of homes in plans of subdivision 318 and 659 in the event of flood. The consideration for the licence hereby granted is a single capitalized payment of $2.00, receipt whereof is hereby acknowledged by Blue Circle. Subject to paragraph 5(c), the emergency access route is intended to be the access route used by Blue Circle to its current dock with an extension to Cedar Crest Road and a connection to Waverly Road. The emergency access route will be kept in repair and will be maintained by Blue Circle at its expense. Blue Circle shall install at its cost a barrier to non-emergency vehicles at the southerly terminus of the emergency route. The licence shall also provide that the Municipality, police and ambulance services and the residents of homes within plans of subdivision 318 and 659 shall use the emergency access route aftheir own risk. The Municipality for itself and the residents of plans of subdivision 318 and 659 who use the emergency access route in the event of a flood, and such other services for themselves shall (b) (c) .. -15- fill indemnify and save Blue Circle harmless from any costs, damages, losses or liability arising from or in consequence of the use of such emergency access route. The licence shall automatically terminate on the opening of either of a grade separation at the intersection of Port Darlington Road and the CN railway right of way or on opening of extensions either of Duke Street or Liberty Street over or under Highway 401 and via a grade separation at the intersection of Duke Street or Liberty Street, as the case may be, and the CN railway right of way, whichever shall first occur. In the event that after the termination of the licence' the residents of homes in plans of subdivision 318 and 659 need to cross the Blue Circle Lands as a result of flooding, Blue Circle hereby irrevocably consents to such crossing( s). .. .. .. .. .. .. If the emergency access route referred to in paragraph 5(a) will traverse the Overflow Channel Area A a bridge or culvert of appropriate dimensions and load . . . -. :: . . carrying capacity to accommodate emergency vehicles using the route will be constructed by Blue Circle at its cost in accordance with plans and drawings which have been first approved in writing by the Municipality's Director of Public Works. The Director shall not refuse either to accept an emergency access route or to approve plans and drawings for a bridge or culvert if the bridge or culvert will have sufficient load bearing capacity to accommodate fire vehicles and the emergency access route will be designed to accommodate radii for fire vehicles. "" .. .... .. .... .... Blue Circle may from time to time replace the emergency access route referred to in paragraphs 5(a) and 5(b) with a new emergency access route on the Blue Circle Lands from Cedar Crest Beach Road to Highway 401. Paragraphs 5(a) and 5(b) apply in respect of each substituted emergency access route with necessary changes to it to give effect to this paragraph 5(c) being deemed to have been made. .... .. .. .. .. .. - - - .. - - - .. .. .. ... .. - - - - - - -16- 6. Cove Road and the Westside Creek Bridge (a) Without fettering Council in the exercise of its legislative discretion, the Parties express their present intention that after complying with all legal requirements, the Municipality as soon as reasonably practicable: (i) will acquire title to the lands required for Cove Road and the Wests ide Creek Bridge; (ii) will reconstruct Cove Road and the approaches to it, and construct Westside Creek Bridge and approaches to it in accordance with all legal requirements and the Cove Road and the Westside Creek Bridge Plans and Specifications; and .... (iii) forthwith after the Municipality's Director of Public Works gives Blue Circle written notice that Cove Road and the Westside Creek Bridge and the approaches to them have been reconstructed or constructed to his satisfaction, they will be dedicated by by-law passed pursuant to the Municipal Act as a public highway and the obligation to keep Cove Road, the Westside Creek Bridge and approaches to them in repair and maintained will be assumed by the Municipality pursuant to the Municipal Act. (b) The Parties acknowledge that the legal requirements referred to in paragraph 6(a) include the requirement to comply with the Ontario Environmental Assessment Act, the Navigable Waters Protection Act (if applicable), the Canada Environmental Assessment Act (if applicable), as well as regulations enforced by CLOCA. r (c) 7. III -17- III The preliminary estimate of the Parties of all costs of acquiring the interests of all persons in Cove Road, the Westside Creek Bridge and the approaches to them, the reconstruction of Cove Road, and of the construction of the Wests ide Creek Bridge and approaches to them is contained in Schedule "I" hereto. In the event that the total as;built costs of reconstruction and construction of the Cove Road and Wests ide Creek Bridge Works exceeds the total of all of the estimated costs set out in Schedule "I", then in respect of servicing and associated costs for only Ontario Hydro, Clarington Hydro and Bell Canada, Blue Circle will pay to the,_ Municipality an amount equal to one-half the difference of the increase of such costs in excess of the estimates for Ontario Hydro, Clarington Hydro and Bell Canada after being given written notice of the aforesaid as-built costs by the Municipality's Director of Public Works forthwith after written demand therefor is given to it by the Municipality. ... .. IIIllI .. .. III "" Actions Prior to and After Closine: Date ... (a) Prior to the "Closing Date" (as hereafter defmed) Blue Circle at its cost, - (i) will execute an agreement for the acquisition of a perpetual easement from Ontario Hydro in that portion of the Ontario Hydro Lands which comprise the Wests ide Creek Diversion Area A which will be transferred on completion of the Wests ide Creek Diversion Works to CLOCA for a nominal consideration; .. ... .. (ii) "" will execute a letter of intent to implement fish habitat mitigation and compensation measures with the Department of Fisheries and Oceans, Canada and other persons substantially with the content of the Letter of Intent contained in Schedule :,"B" hereto subject from time to time to an extension of timing set out therein to accommodate the timing contemplated by these Principles and any delays resulting from the .. III III .. - - - - - - - - ... - - (b) .. .. - ... - - - - -18- Municipality's inability to satisfy the terms of the escrow set out m paragraph 8(a)(iv); (iii) will execute a Monitoring and Maintenance agreement with CLOCA respecti!lg the Wests ide Creek Diversion Areas A and B, and Overflow Channel Areas A, Band C which contain terms satisfactory to the Municipality's Director of Public Works; (iv) will prepare and use its best efforts to obtain the written approval of the Department of Fisheries and Oceans, Canada, the Ministry of Natural Resources, CLOCA and the Municipality's Director of Public Works of the Wests ide Creek Diversion Works Plan, Dyke Area A, Dyke Area B and the Overflow Ch;umel Works Plan. (The approved plans are referred to ~. these Principles as the "Approved W estside Creek Diversion Works Plans" and the "Approved Channel Overflow Works Plans" respectively.) i\ fier the Closing Date, and in any event, no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Westside Creek Diversion Works and will proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Wests ide Creek Diversion Works Plan and with the schedule of construction contained in Schedule "J" hereto, subject to "Force Majeure" (as hereafter defmed), provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid date of commencement, the date of commencement set out in this paragraph 7(b) shall be deemed to be that set out in the Letter of Intent. (c) After the Closing Date, and in any event no later than 12 months after the date of closing of the Temporary Public Highway as a public highway, Blue Circle at its cost will commence the construction and installation of the Overflow Channel (d) 8. .. -19- .. Works, and proceed to complete the same in good faith and with reasonable expedition in accordance with the Approved Overflow Channel Works Plan and with the schedule of construction contained in Schedule "J" hereto, provided that if the Letter of Intent is not amended from time to time to coincide with the aforesaid date .of commencement, the date of commencement set out in this paragraph 7(c) shall be deemed to be that set out in the Letter of Intent. Blue Circle's obligation for the Overflow Channel Works is subject to the Municipality conveying Proposed Closure Area D and the abutting reserves set out in Schedule _ "H" hereto to CLOCA and CLOCA allowing Blue Circle to have access to complete such works. .. till .. ... .. .. For the purposes of these Principles, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts; riots, wars or acts of military authority, acts of public enemies, sabotage; . . ,- epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fIre or explosion; flood, wind, water, earthquake or other casualty, prohibitory governmental laws or regulations, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of Blue Circle, and not caused by the deliberate default or act or "'" omission by Blue Circle and not avoidable by the exercise of reasonable effort or foresight by Blue Circle. .. .. .. .. Closine Date ... (a) On the Closing Date, .. (i) if (1) the portion of Waverly Road comprising the land within Proposed Closure Area A has been closed as a public highway by the Municipality's Council by the enactment of the necessary by-law under the Municipal Act, (2) that by-law has been registered in the Registry Office for the .. till .. till - - - -20- Registry Division of Durham (No. 40), and (3) the Municipality's Council has authorized the transfer to Blue Circle of Proposed Closure Area A together with the abutting reserves more particularly described in Schedule "H" hereto, the Municipality shall transfer Proposed Closure Area A and the abutting reserves to Blue Circle in fee simple, free and clear of encumbrances and restrictions except for Permitted Encumbrances set out in Schedule "pIt and the parties agree that for purposes of the Land Transfer Tax Affidavit, the value of the consideration for this transfer,- shall be based on multiplying the total consideration of $337,250.00 by a fraction, the denominator of which shall be the total area of Proposed Closure Areas A and B and the abutting reserves and the numerator of which shall be the area of Proposed Closure Area A and its immediate abutting reserves; and - - .. - - .. - (ii) Blue Circle shall transfer to CLOCA or as otherwise directed by the Municipality the Marsh Link Area, the Bowmanville Marsh and the Bowmanville Valley Lands, in fee simple, free and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and' the Option to Purchase which Blue Circle shall grant to the Municipality, except that in the case of the Marsh Link Area Blue Circle may reserve to itself a perpetual easement of access to the Westside€reek Diversion Area "B" over Easement Area "B" shown on the plan contained in Schedule "K" hereto as provided in Schedule "K"; and - - - .. - (iii) Blue Circle shall pay the sum of $707,800.00 to the Municipality in accordance with paragraph 3(c) and the sum of either not less than $70,000.00 to CLOCA or not less than $94,500.00 to the CLOCA Foundation or the payment of af!least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12; .. - - - .. -21- fill (iv) Blue Circle shall deliver in escrow to the Municipality, a transfer of the Reconfigured Westside Marsh, with the exception of Part 9 on draft plan of survey of record prepared by Brown and Coggan under File No. 1970710 to CLOCA or as otherwise directed by the Municipality in fee simple, jree and clear of encumbrances and restrictions other than (1) a perpetual easement of support of Dyke Area "B" in accordance with the plan contained and the relevant portion of the text of Schedule "K", (2) a temporary easement to permit the construction and installation of the- Westside Creek Diversion Works and monitoring and maintenance of the same in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement, (3) Permitted Encumbrances set out in Schedule "P", and (4) the Option to Purchase the Reconfigured Westside Marsh which Blue Circle shall grant to the Municipality. The escrow condition of delivery shall be fully satis,fied ~d the delivery of the transfer ~all :b~ effective on the latest to occur of (1) the dedication of Cove Road, the Westside Creek Bridge and approaches to them as a public highway, (2) the registration of a by-law closing the Temporary Public Highway as a public highway in accordance with the Municipal Act, and (3) the surrender of the Lease of the Temporary Public Highway. If the escrow has not been satisfied on or before the expiry of 3 years following the Closing Date (which shall be automatically extended by the period of any litigation preventing the Cove Road reconstruction, the Wests ide Creek Bridge construction, the dedication of Cove Road and the Wests ide Creek Bridge and approaches as a public highway or the closing of the Temporary Public Highway as a public highway and the period of Force Majeure, provided that such extension shall occur only so long as the Municipality is actively conducting such litigation in good faith) Blue Circle by written notice given to the Municipality may require (1) the return of the escrowed transfer of the Reconfigured Westside Marsh, (2) the return of the escrowed transfers of the easements referred to in .. .. ... .. .. .. .. .. ... .., ... ... .., .. .. fill .. - ... -22- ... paragraph 8(a)(v), (3) if Proposed Closure Area B with abutting reserves have not been conveyed to Blue Circle by the Municipality, the repayment of a sum equal to the proportionate value of the sum of $337,250.00 paid by Blue Circle to the Municipality on the Closing Date which is attributable to Proposed Closure Area B and abutting reserves with the calculation to be made in the same manner as set out in paragraph 8(a)(i), and (4) the repayment to Blue Circle of the sum of $370,550.00 paid by Blue Circle to the Municipality on the Closing Date less one half of the - costs expended by the Municipality following the date of execution by the Parties of the Principles either to payor to indemnify itself in respect of the costs incurred for one or more of the purposes set out in Schedule "C" . If the escrowed transfer of the Reconfigured Wests ide Marsh and escrowed transfer of the easements are returned to Blue Circle, Blue ~ircle s~all have no further obligation ,~ereunder t9 transfer the same. In. the event that the transfer of the Reconfigured Wests ide Marsh is rendered void by reason of the provisions of the Perpetuities Act, R.S.O. 1990, c. P. 9, as amended or any successor legislation, the obligations of Blue Circle with respect to the fisheries habitat referred to in the Letter of Intent, the obligations referred to in the Monitoring and Maintenance Agreement with CLOCA and the obligations with respect to the construction of the Westside Creek Diversion Works shall also be rendered void. .. .. - - .. - - - .. - .. - (v) Subject to paragraph 8(a)(iv), Blue Circle shall deliver in escrow to the Municipality transfers to CLOCA or otherwise directed by the Municipality of perpetual easements in Easement Areas "e", "D!", "02", "G" and "H" shown on the plan contained in Schedule "K" hereto, free I and clear of encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P" and the Option to Purchase which .. - - - .. -23- till Blue Circle shall grant to the Municipality, in the areas, for the purposes and to the transferees also as set out in Schedule "K" hereto; and .. III (vi) Blue Circle shall deliver to the Municipality transfers of Parts 9 and 13 on draft pl~ of survey prepared by Brown and Coggan under File No. 1970710 in fee simple free and clear of all encumbrances and restrictions other than Permitted Encumbrances set out in Schedule "P". .. .. The Option to Purchase referred to in these Principles shall be granted for a nominal consideration and have a form and content satisfactory to the Municipality's solicitor acting reasonably, provided that the Municipality assumes the rights and duties of CLOCA under the Monitoring and Maintenance Agreement. .. 'III .. (b) The c;losing Dat~ ("Closing Date") ~hal~ be~ee. ~usiness days (~xcluding,; Saturdays, Sundays, and statutory holidays) after the last to occur of the following ... events: .. (i) satisfaction of the conditions set out in paragraph 1 of these Principles; ... (ii) the passing of by-laws by Council to close and authorize the conveyance of the portion of Waverly Road comprising the Proposed Closure Area A and reserves abutting such Area; .. .. (iii) the Lease to the Municipality by Blue Circle of the Temporary Public Highway; .. (iv) the passing of a by-law by the Municipality to dedicate the Temporary Public :Mighway 'until the expiry of the term of the Lease thereof to the Municipality ; .. .. .. .. - ... -24- (v) the date of approval of the later to be approved of the Approved Wests ide - Creek Diversion Works Plan and the Approved Overflow Channel Works Plan as referred to in paragraph 7; .. (vi) the exec~tion by Blue Circle and the other parties to it of the Letter of - , Intent referred to in paragraph 7(a)(ii); - (vii) the execution by Blue Circle and the other party to it of the Monitoring - and Maintenance Agreement referred to in paragraph 10; - (viii) the execution of an agreement by Blue Circle and Ontario Hydro to transfer an easement in Westside Creek Diversion Area A to CLOCA on - completion of the construction of the Westside Creek Diversion Works; - (ix) plans of survey have been prepared and deposited on title as provided in paragraph 16; .. (x) satisfaction of the conditions set out in paragraph 23 of these Principles; .. and - (xi)- the completion of the acquisition by the Municipality of all lands and interests in land, required for the reconstruction of Cove Road and the construction of the Wests ide Creek Bridge. .. .. 9. Fisheries Habitat - Provided that the Letter of Intent containing terms satisfactory to Blue Circle acting reasonably is executed on lbehalf of Blue Circle, CLOCA, the Ontario Ministry of Natural Resources and the Fisheries and Habitat Management - Ontario Area of the Department of Fisheries and Oceans, Canada, Blue Circle at its cost and in accordance with paragraphs 7(b) - - - ... -25- 'fill and 7(c) hereof, will construct and install the Wests ide Creek Diversion Works including the dykes on Dyke Areas A and B shown on Schedule "A" hereto in accordance with the Approved W estside Creek Diversion Works Plan and the Approved Overflow Channel Plan and maintain the same at its cost in accordance with the provisions of the Letter of Intent and the Monitoring and Maintenance Agreement ~ubject to Force Majeure. .. ... .. 10. Monitorine: and Maintenance Agreement .. (a) Forthwith after the execution of these Principles. Blue Circle will enter into a Monitoring and Maintenance Agreement with CLOCA containing terms satisfactory to Blue Circle acting reasonably. respecting the Wests ide Creek Diversion Works. and the Overflow Channel Works. .. .. ... (b) SUbject,to..the terms of these Principles.".Bhle Circle will perform eac~ of its covenants to CLOCA respecting the Wests ide Creek Diversion Works and the Overflow Channel Works which are contained in the Monitoring and Maintenance Agreement subject to Force Majeure. .. ... ... ... ... ... till l .. ... .. .. .. -26- 11. Management Agreement - .. (a) - - - - (b) - - - - - - The Municipality will use its best efforts to settle the terms of and will execute an appropriate Management Agreement with CLOCA in respect of the planning and the management of the "Westside/Bowmanville Marsh Wetland Complex" which comprises the W estside Creek Diversion Areas A and B, the Overflow Channel Areas A, Band C, Dyke Area B, the Reconfigured Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the Bowmanville Valley lands and the wetlands and valley lands south of the CN railway. The principal objective of the Management Agreement will be to ensure to the extent reasonably possible, by the actions of the parties to it that there will be no net loss overall in wildlife habitat and vegetation of the present Wests ide Marsh. The. Management' ~greement will define.. the roles ~d responsibilities includ~g the financial responsibilities of the parties to it, as well as the members of the general community who are interested in ensuring that the ecological functions of the present Westside Marsh will be replaced with appropriate ecological functions in the Westside/Bowmanville Marsh Wetland Complex. In order to address this and related. issues, the Municipality will co-operate with CLOCA in the preparation of a Management Plan for the Westside/Bowmanville Marsh Wetland Complex. 12, Contribution to Start-Up Process - .. - .. - (a) To assist CLOCA in obtaining necessary funds to meet the start-up costs of its management of the Westside/Bowmanville Marsh Wetland Complex, conditional on (1) Blue Circle paying to the Municipality the sum of $707,800.00 on the Closing Date; and (2) Blue Circle paying the sum of either at least $70,000.00 either to CLOCA or at least the sum of $94,500.00 to a charitable organization for which CLOCA is seeking registration as an organization to which tax. (b) .. -27- .. deductible donations may be made ("CLOCA Foundation") or the payment of at least $70,000.00 to the Municipality or as directed by the Municipality in accordance with paragraph 12(b) on the Closing Date, (3) the transfers to CLOCA of the lands and easements referred to in paragraph 8; and (4) the approval by the Municipality of the terms of reference for a study, the Municipality intends to pay to CLOCA a sum of money to be settled with CLOCA which shall not exceed $100,000.00, the payments to be made in response to periodic invoices to the Corporation as work is completed for the ' preparation of a Management Plan for the WestsidelBowmanville Marsh Wetland Complex, provided that the Closing Date has occurred before any payment is made to CLOCA by the Municipality. .. .. .... .. .. .. The Parties acknowledge that Blue Circle's payment either of at least the sum of $70,000,.00 ~ither to CLOCA or atleast the sum of $?4,500.oo to the CLOCA Foundation as referred to in paragraph 8(a)(iii) is intended to be used as start-up funds for the implementation of the Management Plan provisions, respecting the ecological functions of the Westside/Bowmanville Marsh Wetland Complex. In the event that before the Closing Date the Municipality directs that Blue Circle transfer the Reconfigured Wests ide Marsh to a transferee other than CLOCA, Blue Circle shall pay the aforesaid sum of at least $70,000.00 either to the Municipality or as the Municipality directs, to be used by the payee as the aforesaid start-up funds. .. .. .. .. .... .. 13. Ontario H vdro Easement .. Subject to the terms of these Principles, Blue Circle will enter into an agreement with Ontario Hydro containing terms satisfactory to Blue Circle acting reasonably to permit Blue Circle to construct and install the Wests ide Creek Diversion Works on Wests ide Creek Diversion Area A including the dyke on Dyke Area A in accordance with the Approved Wests ide Creek Diversion Works Plan, the Letter of Intent and the Monitoring and Maintenance Agreement. .. .. "" .. .... .... .... .... .... .... - - - .... - - .... - .... .... - - - -28- The agreement shall provide for the transfer, at Blue Circle's cost, of a perpetual easement in Westside Creek Diversion Area A to CLOCA and, if acceptable to Ontario Hydro, to Blue Circle forthwith after CLOCA gives notice to Blue Circle in writing that the Westside Creek Diversion Works on Westside Creek Diversion Area A have been completed to CLOCA's satisfaction. The easement shall be transferred for a nominal consideration and shall be in a form and have a content tha(is satisfactory to the Municipality's solicitor acting reasonably. 14. Westside Creek Diversion Subject to the terms of these Principles, Blue Circle will construct and install at its cost certain works and vegetation for the Wests ide Creek Diversion on Wests ide Creek Diversion Areas A and B ("Westside Creek Diversion Works") in accordance with the plans, drawings, specifications and schedule of construction and installation contained in the Approved "Westside Creek Diversion Works. Plan n, the. Letter of. Intent, and the Monitoring and. Maintenance, Agreement. Blue CirCle will maintain the Wests ide Creek Diversion Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. 15. Overflow Channel Works Subject to the terms of these Principles, Blue Circle will construct and install at its cost the Overflow Channel on Overflow Channel Areas A, Band C in accordance with the Approved Overflow Channel Works Plan. Blue Circle will maintain the Overflow Channel Works to the extent provided in the Letter of Intent and the Monitoring and Maintenance Agreement. .. -29- .. 16. Description and Transfers (a) (b) (c) .. Blue Circle at its cost shall prepare and deposit in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying the Reconfigur~,d Westside Marsh, the Marsh Link Area, the Bowmanville Marsh, the BowmanviiIe Valley lands, Overflow Channel Areas A, Band C, Proposed Closure Areas A, B, C and D, Wests ide Creek Diversion Areas A and B, Dyke Area B and Easement Areas "B" to "H" inclusive, as referred to in thes~ .. .. ... Principles. ... All transfers to CLOCA or as otherwise directed by the Municipality shall have a form and content satisfactory to the Municipality's solicitor, acting reasonably. All governmental fees and taxes payable on the registration of such transfers shall be paid, in equal shares by Blue. Circle and by the Municipality. ... ... .. The Municipality at its cost shall prepare and register in the Land Registry Office for the Registry Division of Durham (No. 40), plans of survey of record identifying Cove Road and the Westside Creek Bridge, inclusive as referred to in these Principles. ... ... 17. Security Fence and Signage ... Forthwith after completion of construction of theWestside Creek Diversion Works and, the dykes located on Dyke Areas A and B, Blue Circle will construct and maintain signage warning of quarrying operations and a chainlink security fence with a minimum height of 6 feet with gates at locations first approved by the Municipality's Director of Public Works acting reasonably and to the satisfaction of Ontario Hydro, CLOCA and the Municipality's Director of Public Works, provided that prior to the commencement. of quarrying operations including any excavation on any portion of the Future Quarry Area, Blue Circle may install a farm fence ... .. .. till .. liIl - - -30- - with a minimum height of 4 feet which shall be replaced by Blue Circle with the aforesaid security fence before quarrying operations are begun. - 18. SU{l{lly of Ae:gree:ate and Concrete When tenders are called for the construction and installation of the Cove Road and the Westside Creek Bridge Works, the Municipality will provide in the tender documents that aggregate and concrete supplies for the Works shall be purchased from Blue Circle, provide4 the prices to be paid therefor by the tenderer whose offer to construct and install is accepted by the Municipality do not exceed the then current market prices for these products in the Municipality that would be paid by the contractor but for the provisions of this paragraph 18. - - - - - 19. Official Plan Modifications and Zoning Amendments - (a) - - - - - - - - - Without fettering the Municipality's Co~ncil in the exercise of its legislative discretion, it is the present intention of the Parties that forthwith after the passing of by-laws to close Closure Area A as a public highway and authorize its conveyance with the abutting reserves to Blue Circle pursuant to these Principles, (1) the Municipality will request that the modifications to the Region of Durham Official Plan and the Clarington Official Plan contained in Schedules "L" and "M" hereto, respectively, be made, and (2) after complying with the provisions of the Planning Act, will enact the amendments to its Zoning By-law which are set out in Schedule "N" hereto. Blue Circle will not object to any of the aforesaid Official Plan provisions and related designations, provided that the relevant approving authority continues to defer (1) all of the policies in Section 16.5 of the Clarington Official Plan, and (2) the words "and a commercial docking facility" in line 5 of Section 18.2.2, clause 18.2.2(a) and the dock area on the Blue Circle Lands which is shown on Map A-5 of the Region of Durham Official Plan, until the Temporary Public Highway is closed as a public highway and the Lease of the Temporary Public Highway is released to Blue Circle. (b) .... -31- .. Without fettering the Municipality's Council in the exercise of its legislative discretion, it is the present intention of the Parties that Council will enact the amendments to its Zoning By-law which are set out in Schedule "0" hereto as soon as is reasonably practicable after Proposed Closure Area B with abutting reserves is transferred by the Municipality to Blue Circle, and Blue Circle's licence to extract aggregate is amended to include Proposed Closure Areas A and B and to exclude the Reconfigured Wests ide Marsh. After the escrow terms of paragraph 8(a)(iv) have been satisfied, Blue Circle will act in good faith and with -I>,. _ reasonable expedition in applying for and in prosecuting its application for the aforesaid amendment to its aggregate extraction licence under the Aggregate Resources Act. .... .... ... - .. .. 20. Waterfront Trail Relocation . , . , The Municipality will' consent' to there1ocationof aIiy portion of the' Ontario Hydro Lands which have been licensed to the Municipality and have been developed for the purposes of a waterfront trail for the use of members of the public that coincides with anyone or more portions of Wests ide Creek Diversion Area A, provided that (1) the Municipality's Director of Planning and Development approves the design and specifications therefor in writing which shall not exceed the standard of surface improvement of the existing Waterfront Trail, (2) the cost thereof is paid by Blue Circle, and (3) Blue Circle provides a temporary alignme~~ satisfactory to the Municipality's Director of Planning and Development acting reasonably for the portion of the Waterfront Trail in question throughout the construction period which is suitable for use by the public from April! to October 31 of the year(s) of construction of the Wests ide Creek Division \Vorks. Notwithstanding the foregoing, the Municipality agrees that Blue Circle may interrupt the Waterfront Trail for construction purposes for reasonable periods of time, provided that Blue Circle gives notice in writing to the Municipality's Director of Public Works at least 48 hours before each interruption stating the likely duration of the dnterruption in question and installs signs approved by the aforesaid Director at either end of the Trail to notify members of the public that the portion of the Trail in question is closed. .. ... ... .. ... .. - .. .. III IIlIIII ... ... -32- - 21. Removal of CBM Crusher _ No later than two years after the later of the days on which a by-law is registered closing the Temporary Public Highway as a public highway and the Lease of the Temporary Public ... Highway is released to Blue Circle, Blue Circle at its cost shall remove the crusher presently located on the portion of the Blue Circle Lands which is adjacent to the Ontario Hydro Lands ... and presently used in connection with the CBM operations, from the Blue Circle Lands. Following the removal of the aforesaid crusher Blue Circle will not instal or cause or suffer anr- ... person to instal a crusher dedicated for use in the CBM operations on any portion of the Blue Circle Lands" ... 22. Interdependencv of Principles and Covenants Not to Men!e .. (a) Each. of ~e Principles c~ntained herein is ,!nterdependent until "the Closing Date upon the perfomlance of the covenants of the Parties that are required to be completed prior to or on the Closing Date pursuant to paragraphs 7(a) and 8(a). ... ... (b) All covenants, provisions and terms contained in these Principles on the part of both Blue Circle (save for title) and the Municipality shall not merge on the Closing Date but shall survive the Closing Date and for greater clarification,,~ha11 not merge upon the delivery of any transfer of any of the Blue Circle Lands to CLOCA or as the Municipality may direct. ... ... ... ... ... - - - .. .. -33- 23. Conditions of Blue Circle .. These Principles are conditional on Blue Circle on or before the date of Unwinding set out in paragraph 24 satisfying the following conditions: (a) (b) (c) .. ... Blue Circle being able to satisfy the requirements to obtain the necessary agreements and approval from third parties as set out in subparagraphs (i), (ii), (iii) and (iv) inclusive of paragraph 7(a) hereof; .. ... Blue Circle obtaining the necessary approval and appropriate partial discharges and postponements in favour of the transfers and easements of portions of the Blue Circle Lands which are to be given under these Principles by Blue Circle from the holder of all trust indentures, charges and mortgages affecting all or any portion of tJle Blu~ Cir~le Lands which are to be inc1u,ded in such transfers' or easements; and .... filii .. Blue Circle either obtaining the necessary consents under the severance provisions of the Ontario Planning Act to the partial discharges of all trust indentures, charges and mortgages affecting the lands being transferred by Blue Circle under these Principles or the Municipality agreeing to take title to all such lands so that such consents are not required pursuant to section 50(17)(c) of the Planning Act. .. .... .... 24. Unwindin2 of Principles .... .. In the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) is not satisfied prior to December 31, 1999, these Principles shall terminate and have no force or effect ("Unwinding"). In the event of an Unwinding of these Principles, neither Party hereto shall have any liability whatsoever to the other Party hereto. .. .. .. .. ...- - - - - - - - - - - - - - - - - - - -34- 25. Environmental Condition Immediately after execution of these Principles, Blue Circle shall provide the Municipality and/or CLOCA with access to those portions of the Blue Circle Lands which are to be transferred to CLOCA#or as the Municipality may otherwise direct pursuant to these Principles for the purposes of the performing of Environmental Site Assessments by qualified professional environmental consultants. Such access shall be subject to the rights of any existing tenants of such lands and the Municipality or CLOCA as the case may be shall indemnify and - save Blue Circle harmless from any costs, damages or liability whatsoever or injury to persons or animals arising by reason of or in consequence of such access being given. Upon completion of such inspections as the Municipality or CLOCA may deem appropriate, complete copies of all reports or other written correspondence or memoranda dealing with such inspections shall be delivered to Blue Circle. These Principles are conditional within the time frame set out herein on ~~ Municipality's D~ectors of _ Planning _and Development ~d ~blic. Works ~in . consultation with CLOCA, each acting reasonably, being satisfied that the lands to be transferred to CLOCA or as otherwise directed by the Municipality are not unacceptably contaminated having regard to the purpose of the transfers as contemplated in these Principles. If written notice is given by the Municipality to Blue Circle prior to the expiry of the 45 day period commencing on the day on which these Principles are executed that the aforesaid lands or any of them are unacceptably contaminated, these Principles shall terminate and neither Party shall have any liability to the other and if no such notice is given, this condition shall be deemed to be satisfied. This condition is included in these Principles for the benefit of the Municipality and may be waived by the Municipality by notice in writing given to Blue Circle. 26. Assumption Ae:reement Required If Blue Circle desires to sell, lease including renewals for a term of twenty-one (21) years or more or charge the Blue Circle Lands prior to the Closing Date, Blue Circle shall first require the proposed purchaser or lessee to enter into an agreement with the Municipality to be bound by these Principles with respect to that portion of the Blue Circle Lands being acquired by them -35- to the same extent as if such proposed purchaser or lessee was a party to these Principles. Where a mortgage, charge, lease, assignment of lease or sublease of a leasehold interest is given by way of security for financing, then such mortgagee, chargee, lessee, assignee or sublessee thereunder shall not be bound to assume such of Blue Circle's obligations and covenants unless and until such mortgagee, ch~gee, lessee, assignee or sublessee takes possession or control of the Blue Circle Lands pursuant to such security and then only for such period of time as they remain in possession or control of the Blue Circle Lands. The parties agree that these Principles do not create an interest in land other than in those portions of the Blue Circle Lands to be- conveyed to CLOCA or the Municipality as set out herein and neither these Principles nor any notice, caution or other registration relating to these Principles shall be registered, filed or recorded in any way against the title to the balance of the Blue Circle Lands. 27. Governing Law .. .. III III ... III ... ,~, III .. These Principles are governed by and shall be interpreted and enforced in accordance .. with the laws of the Province of Ontario, Canada. 28. Time of Essence Time shall be of the essence of these Principles. 29. Effect .. .. ... These Principles are binding on and enure to the benefit of the Parties and their .. respective successors and assigns. .. .. .. III ... ... - - - - - - - - - - - - - - - - - - -36- 30. Notice If any notice or other document is required to be or may be given by either Party hereto to the other or by any official of the Municipality to Blue Circle under this Agreement, such notice shall be transmitted by lelefax or mailed by prepaid registered post or delivered to: Blue Circle: Blue Circle Canada Inc. 400 Waverly Road South Bowmanville, Ontario Ll C 3IG Attention: Plant Manager - , Phone No.: Fax No.: (905) 623-3341 (905) 623-4695 The Municipality: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Chief Administrative Officer " Phone No.: Fax No.: (905) 623-3379 (905) 623-0830 or such other telefax number or address of which either Party has notified the other Party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out-above, then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 31. Authority of Municipality ... -37- ... ... Blue Circle acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreemetlt is made by the Municipality in reliance on the acknowledgement and agreement of Blue Circle as aforesaid. ... .., ... IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the"- day and year fIrst above written and the Parties hereto have hereunto afflXed their corporate seals by the hands of their proper offIcers duly authorized iri that behalf. SIGNED, SEALED AND . DELIVERE~ .., IlIII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON "", ... Mayor ... Clerk "", BLUE CIRCLE CANADA INC. .., Per: Name: Title: ... Per: ... Name: Title: ... fill - ... .. - - - - - - - - .. - - .. - - - - - - - SCHEDULE "A" DESCRIPTION OF BLUE CIRCLE LANDS FIRSTLY: ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the Town of Bowmanville, in the Township of Darlington, in the County of Durham, in the province of Ontario, and being composed of parts of Township Lot Eleven (11) in the Broken Front Concession, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and North of the Northerly limit of Registered Plan Number 198 and its production Easterly, the boundaries of the said parcels being more particularly described as follows; ..~ PARCEL 1 Part of Darlington Street and parts of Lots 156, 157 and 158, and all of Lots 159 and 160, according to a plan made for Wilson, Armour and Mearns, by Thomas Wallace Herrick, P.LS., registered the 28th day of May, 1857, now known as Plan H50078, and part of Township Lot 11 in the Broken Front Concession of the Township of Darlington, now within th~ limits of the said Town of Bowma,nville, containing by admeasurement 1.32 acres, be the same more or less, which said parcel or tract of land ,may be more particularly described as follows; COMMENCING at the point of intersection of a fence marking the Southerly limit of the Canadian National Railway right-of-way with the Easterly limit of said Lot 11, said point distant Southerly in the last-mentioned limit nineteen hundred and sixty-six and sixty-one one-hundredths feet (1966.61') on a course of South 17 degrees 36 minutes 30 seconds East from the North- Easterly angle of said Township Lot 11; THENCE South 17 degrees 36 minutes 30 seconds East along the Easterly limit of said Lot 11 a distance of two hundred and thirty-seven and fifty-one one-hundredths feet (237.51') to an iron bar planted at the point of intersection with the Northerly limit of a sixty-six foot (66') service road expropriated by Deposited Plan Number 14618 for the Town of Bowmanville; THENCE South 85 degrees 34 minutes 30 seconds West in said Northerly limit of the service road a distance of three hundred and fifteen and six-tenths feet (315.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road leading Southerly from said Railway right-of-way; THENCE North 17 degrees 37 minutes 30 seconds East along the Easterly limit of the said road a distance of two hundred'and sixty-six and eight one~ht.mdredths feet (266.08') to an iron bar planted at the point of intersection with a.fence marking the Southerly limit of the said Railway right-of-way; .. SCHEDULE "A" - 2 - .. THENCE North 87 degrees 55 minutes 30 seconds East along the Southerly limit of said Railway right-of-way a distance of thirty-nine and twenty-five one-hundredths feet (39.25') to an iron bar marking an angle in the said limit; ... ... THENCE South 88 degrees 00 minutes East continuing along the said Southerly limit a distance of one hundred and twenty-three feet (123') more or less to the POINT OF COMMENCEMENT. ' ... SUBJECT TO whatever rights the public may have in that part of unopened Darlington Street running across the land hereby conveyed at the Northern limit thereof and adjoining the said Canadian National Railway right-of-way. As described in Instrument Number 30724. ... PARCEL 2 ... Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying East of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 12.45 Acres, be the same more or less, said parcel or tract being more particularly described as follows; .. ... COMMENCING at an iron bar planted at the point of intersection of"the Southerly limit of a sixty-six foot (66') service road expropriated by said Deposited Plan Number 14618, with the Easterly limit of said Lot II, said point distant Southerly in the last-mentioned limit twenty-two hundred and seventy-one and nine-one one-hundredths feet (2271.91') from the North-Easterly angle thereof; ... ... THENCE South 85 degrees 34 minutes 30 seconds West along the Southerly limit of the said service road a distance of one hundred and eighty-seven and twenty-nine one-hundredths feet (187.29') to an iron bar; ... THENCE South 17 degrees 35 minutes 30 seconds West a distance of three hundred and eight and forty-two one-hundredths feet (308.42') to an iron bar planted in the Northerly edge of a creek; .. ... THENCE on a general bearing of North 68 degrees 13 minutes West in and along the Northerly edge of the said creek a distance of one hundred and fifty-eight and six-tenths feet (158.6') to an iron bar planted at the point of intersection with the Easterly limit of a sixty-six foot (66') road running Southerly; .. .. THENCE South 17 degrees 37 minutes 30 seconds West along said Easterly limit a distance of sixty-eight and ninety-eight one-hundredths feet (68.98') to an iron bar marking an angle in the said limit; .. III .. .. - - - - - - - - - - - - - - - - - - SCHEDULE "A" - 3 - THENCE South 66 degrees 08 minutes 30 seconds East continuing along the limit of the said road a distance of ninety-two and eleven one-hundredths feet (92.11') to an iron bar marking an angle in the said road; THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of fifty-three and seventy-nine one-hundredths feet (53.79') to an iron bar marking the North-Westerly angle of the lands described in Instrument Number 14862 for the town of Bowmanville; THENCE North 63 degrees 30 minutes 30 seconds East a distance of thirty-seven feet (37') to < an iron bar; . THENCE South 66 degrees 41 minutes 30 seconds East a distance of one hundred and thirty and ninety-two one-hundredths feet (130.92') to an iron bar marking the South-Easterly angle of the lands described in said Instrument Number 14862; THENCE South 63 degrees 30 minutes 30 seconds West along the Southerly limit of the said lands a distance of one hundred and twenty-one and five-tenths feet (121.5') to an iron bar planted at t4e point of intersection with the Easterly, l~it of the aforesaid road; . '. . . THENCE South 26 degrees 29 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of five hundred and sixty-seven and fifty-eight one-hundredths feet (567.58') to an iron bar marking an angle in the said road; THENCE South 51 degrees 08 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and four and one-tenth feet (104.1') to an iron bar marking an angle in the said limit; THENCE South 31 degrees 20 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of seven hundred and seventy-seven and eighty-one one-hundredths feet (777 . 81 ') to an iron bar marking an angle in the said limit; THENCE South 16 degrees 10 minutes 30 seconds East continuing along the Easterly limit of the said road a distance of one hundred and thirty-two and ninety-two one-hundredths feet (132.92') more or less to an iron bar planted at the point of intersection with the Easterly production of the Northerly limit of Registered Plan Number 198, said iron bar distant Easterly in said production thirty and sixty-five one-hundredths feet (30.65') from the most Northerly angle of Block "0", Registered Plan Number 198; THENCE North 68,degrees 08 ,minutes 30 seconds East in said production a distance of one hundred and four and seventy-five one-hundredths feet (104.75') more or less to the point of intersection with the Easterly limit of said Lot 11; ... SCHEDULE "A" - 4 - fill THENCE North 17 degrees 38 minutes 30 seconds West along the Easterly limit of said Lot 11 a distance of nineteen hundred and six feet (1906') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. .. ... Save and Except: .. That Part of said Parcel 2 being that Part of Lot 11, Broken Front Concession designated as Parts 4, 5 and 7, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. .. .. PARCEL 3 Part of Lot Eleven (11) in the Broken Front Concession in the said Township of Darlington, now within the limits of the said Town of Bowmanville, lying South of the Canadian National Railway right-of-way and West of a sixty-six foot (66') road running Southerly through said Lot 11, containing by admeasurement 52.57 acres, be the same more or less, said parcel or tract of land being more particul~ly described as follows: ,', .. .. COMMENCING at an iron bar planted at the North-Westerly angle of Registered Plan Number 198 for the Town of Bowmanville; .. THENCE North 68 degrees 08 minutes 30 seconds East along the Northerly limit of Blocks "H" and "K" according to said Registered Plan Number 198 a distance of eleven hundred and sixty and one-tenth feet (1160.1') more or less to an iron bar planted in the Northerly limit of Block "N", Registered Plan 198, said iron bar distant Westerly in the last-mentioned limit thirty-five and sixty-eight one-hundredths feet (35.68') from an iron tube marking the North Easterly angle of said Blook "N"; IIIIlI .. .. THENCE North 16 degrees 10 minutes 30 seconds West along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of one hundred and thirty and seven-tenths feet (130.1') to an iron bar marking an angle in the said fence; .... THENCE North 31 degrees 20 minutes 30 seconds West continuing along a fence marking the Westerly limit of said road a distance of seven hundred and fifty-seven and five-tenths feet (757.5') to an iron bar marking an angle in the said fence; .. THENCE North 51 degrees 08 minutes 30 seconds West continuing along a fence marking the Westerly 'limit of the said road a distanee of one hundred and seven feet (lOT) to an iron bar marking an angle in the said fence; IIIIlI lIIiII .. 'III - - - .. .. .. - - .. - .. .. .. - .. - - - - SCHEDULE "A" - 5 - THENCE North 26 degrees 29 minutes 30 seconds West continuing along a fence marking the Westerly limit of a sixty-six foot (66') road a distance of seven hundred and twelve feet (712') to an iron bar marking an angle in the said fence; THENCE North 66 degrees 08 minutes 30 seconds West continuing along the said fence marking the South-Westerly limit of the said road a distance of one hundred and thirty feet (130') to an iron bar; . THENCE North 21 degrees 08 minutes 30 seconds East continuing along the Westerly limit of the same road a distance of forty and five-tenths feet (40.5') to an iron bar marking an angle in the said road; THENCE North 17 degrees 37 minutes 30 seconds East continuing along the Westerly limit of a sixty-six foot (66') road a distance of two hundred and forty and nine-tenths feet (240.9') to an iron bar planted in the line of a fence running North-Westerly. THENCE North 55 degrees 07 minutes West along the centre line of the said fence a distance of eighty-three and four-tenths feet (83.4') to an iron bar marking an angle in the same fence; . ' THENCE North 00 ,degrees 57 minutes :30 seeondsWest continuing 'a1ongthe said" fence a.. distance of twenty-three feet (23;) to an iron bar; THENCE South 87 degrees 44 minutes West a distance of two hundred and twenty-five feet (225') to an iron bar; THENCE North 112 degrees 46 minutes West a distance of three hundred and two feet (302') to an iron bar planted in the Southerly limit of the Canadian National Railway right-of-way; THENCE South 88 degrees 14 minutes West along the Southerly limit of the Canadian National Railway right-of-way a distance of three hundred and thirty-five and five tenths feet (335.5') to an angle in the said limit; THENCE South 50 degrees 46 minutes West continuing along the Southerly limit of the Canadian National Railway right-of-way a distance of fifty-nine feet (59') ~o an iron bar marking an angle in the said limit; THENCE South 80 degrees 16 minutes West continuing along the Southerly limit of the said Railway right-of-way a distance of two hundred and seventy-five feet (275') to an iron bar planted at the point of intersection with the Westerly limit of said Lot 11, said iron bar distant Southerly in the last-mentioned limit sixteen hundred and fifty-eight feet three inches 91658'3") more or less from the North-Westerly angle of said Lot 11; .... SCHEDULE "A" - 6 - .... THENCE South 17 degrees 46 minutes East along the Westerly limit of said Lot 11 a distance of twenty-six hundred and fifteen and seventy-five one-hundredths feet (2615.75') more or less to the POINT OF COMMENCEMENT. As described in Instrument Number 30724. .... .... Save and Except: .. That Part of said Parcel 3 being that Part of Lot 11, Broken Front Concession designated as Part of Part 1, Part 2 and Part 8, Expropriation Plan 88189, Town of Bowmanville, Regional Municipality of Durham. .. IIIIiI SECONDLY: Lots 1, 2, 3, 4 and 5, Blocks A and B, Plan 694, formerly in the Geographic Township of Darlington, now in the Town of Newcastle, Regional Municipality of Durham, and those parts of the one foot reserves, on Plan 694, designated as Parts 3, 5, 7 and 9 on Plan lOR-852 save and except the following lands: .. ... , . , , That Part of Lot 4; PI,au 694, .being designated as Parts 4.and 5, Expropriation Plan 88190, Town of Newcastle, Regional Municipality of Durham; ... That Part of Lots 1 and 3, Plan 694, being designated as Part of Part 1, Expropriation Plan 88189, Town of Newcastle, Regional Municipality of Durham; IIIIiI That Part of Lot 4, Plan 694, being designated as Parts 11 and 12, Plan lOR-852, Town of Newcastle, Regional Municipality of Durham; .. TOGETHER with those rights of way as more particularly described in Instrument No.s. N30904, N30725 and N30720. ... THIRDLY: IIIIiI Parcel CL-4751 in the Register for Section Water Lot Darlington, being part of the bed of Lake Ontario in front of parts of Lots 14 and 15 and the road allowance between the said lots, Broken Front Concession, as shown on the plan of the Township of Darlington, being also in front of Lots 4 and 5 and Block "B", as shown on Registered Plan 694, designated as Part 1 on a plan and field notes of Water Lot Location CL-4751 deposited in the Land Registry Office for the Registry Division of Newcastle as Plan lOR.2426. .... ... .. III ... - .. SCHEDULE "A" - 7 - - FOURTHLY: - Parcel CL-8140 in the Register for Section Water Lot Darlington being part of the bed of Lake Ontario in front of parts of Lots 15 and 16, Broken Front Concession (formerly Township of Darlington), Town of Newcastle, Regional Municipality of Durham and in front of Registered Plan 694, designated as Part! on Plan 40R-I4460. - - - - '. - - - - - - - - - - SCHEDULE "B" Auguust 27, 1997 LETTER OF INTENT Russell Powell Chief Administrative."Officer Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario LIH 3T3 Glenn Price Ontario Ministry of Natural Resources 50 Bloomington Road West Aurora, Ontario L4G 3G8 Vic Gilman, Area Manager Fisheries and .Habitat Management, - Qntario Area Department of Fisheries and 'Oceans Canada P.O. Box 5050, 867 Lakeshore Road Burlington, Ontario L7R4A6 Re: Blue Circle Canada Inc. (formerly 81. Marys Cement) Bowmanville Quarry Letter of Intent to Implement Fish Habitat Mitigation and Compensation Measures Dear Gentlemen: Enclosed please find four copies of the Letter of Intent signed by Gary Gentles, president of Blue Circle Canada Inc. As you know, Blue Circle has recently purchased St. Marys Cement. In this final process of approval, we request that you sign the final ___ cont'd ... -.,~ ~ DILLON ... CONSULTING .. 100 Sheppard Avenue East. Suite 300, .. Toronto. Ontario. Canada M2N 6N5 ' .. Mail: Box 1850. !\:onh York. Ontario. Canada .. M2N 6H5 Telephone ... (416) 229-4646 Fax (416) 229-4692 ... .. .. .. ... .II .. .. III Dillon Consulting Limited ... III .. .. .. - .. .. - .. .. .. .. .. ... ,- .. .. .. - - - SCHEDULE "J" SCHEDULE OF CONSTRUCTION OF WESTSIDE CREEK DIVERSION WORKS ... LOT 14 ... .. J .. .. ... ... ... .., BLUE CIRCLE lANDS .. ... c .., Ontario .., .., , \\ ~~ ~~ '" ~--- ~ -~"'----~1\\ " :: I " !! 'I ;; ,: " I' 'I " ::' " I' ,I " II 'I 1: PERPETUAL EASEMENT AREAS W PROPOSED 2:1 QUARRY ~ SlOE SlOPE & BENCH [l]-=== PROPOSED DIVERSION CHANNEl. SlOE SlOPE 2 Of' 3:1 ~..:. ~ ~ AA9S (3 IlETRES WIDE) EASOolOIT AA9S (GREAIUl ~ 3 IlETRES IN WOTH) ... ... TEMPORARY EASEMENT AREA ~ EASOolOIT NI9. "E" III SCHEDULE "Ku III ... ... - SCHEDULE"K" -2- EASEMENTS TO BE TRANSFERRED TO CLOCA OR AS OTHERWISE DIRECTED BY THE MUNICIPALITY - Easement Area SCO{le - C ~ccess for persons, equipment and vehicles to and from Westside Creek Diversion Area B to permit the inspection, repair and maintenance of the Wests ide Creek Diversion Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on Westside Creek Diversion Area B. - - - - Dl Access for persons, equipment and vehicles to and from Wests ide Creek Diversion Areas A and B along the top of the dyke to be constructed on :Dyke Are~ B with the right to undertake maintenance and repair operations from Easement Area D; in respect of the Wests ide Creek Diversion Works, and the right to use the gates in the security fence on the dyke in order to maintain or replace vegetation on Easement Area D2. ... .. .. ... D2 Areas to, from and on Easement Area D2 via gates on the security fence on Easement Area D2 for the purpose of installing, maintaining and replacing vegetation thereon. ... .. - .. - - - .. SCHEDULE "K" - 3- .. Easement Area Scope .. G Access for persons, equipment and vehicles to and from Overflow Channel Area A to permit the inspection, repair and maintenance ~f the Overflow Channel Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement if Blue Circle fails to repair and maintain the works on Overflow Channel Area A. .... .. .. .. H Access to and from Overflow Channel Area A for persons, equipment and vehicles and to undertake inspection, maintenance and repair operation, respecting the Overflow Channel Works which are required by the Letter of Intent and the Monitoring and ~ainte~ce Agreement if. Blue. Circle fails to re~air: ang maintain . the Works on Overflow Channel Area A., ... .. .. filii NOTE: These easements may be exercised by CLOCA or as otherwise directed by the Municipality, and its respective employees, contractors and consultants. will .. .. .. .. .. .. .. - SCHEDULE "K" - 4 - - EASEMENTS RESERVED BY BLUE CIRCLE - B Scope Access to and from Wests ide Creek Diversion Area B by persons, equipment and vehicles for the purpose of maintaining and !epairing the Wests ide Creek Diversion Works on Wests ide Creek Diversion Area B as required by the Letter of Intent and the Maintenance and Monitoring Agreement. Easement Area - ... - - DJ A perpetual easement of support of Dyke Area B, including the dyke to be constructed thereon. - E A Temporary Easement in the Reconfigured Wests ide Marsh to permit the construction and installation of the Westside Creek . Diversion Y' orks. ~ the monitoring and "maintenance .of the same in accordance with the Letter of Intent and the Monitoring and Maintenance Agreement which easement shall terminate on the expiry of the later of the periods of monitoring and maintenance provided in the Letter of Intent and the Monitoring and Maintenance Agreement respectively. ... - - ... - F Access to and from Overflow Channel Area B for persons, equipment and vehicles for the purpose of inspecting, maintaining and repairing the Overflow Channel Works as required by the Letter of Intent and the Monitoring and Maintenance Agreement. - - NOTE: These easements may be exercised by Blue Circle, its employees, contractors, consultants and agents. - - - - .. SCHEDULE "V' .. MODIFICATION TO THE DURHAM REGIONAL OFFICIAL PLAN Deferral #1 .. fill PURPOSE: At the request of the Municipality of Clarington and Blue Circle Canada !nc. (formerly St. Marys Cement Corporation), the Waterfront Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues~ The key recommendations of the Report would involve St. Marys conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to St. Marys for quarrying purposes. The relocation of Westside Creek, which feeds into the Marsh, would also be required. .. .. .. .. The purpose of this modification is to incorporate policies and land , use, designations into the Durham Regional Official Plan which-reflect' the key recommendations of the Waterfront Regeneration Trust .... Report and the settlement between the Municipality of Oarington and Blue Circle Canada Inc. .. .. ACTUAL MODIFICATION: The Durham Regional Official Plan is hereby modified by: .. 1. In Section 18.2.2 by changing all references from "St. Marys Cement" to "Blue Circle Canada Inc.". .. 2. In subsection b) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," .. 3. In subsection c) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," - 4. In subsection (d) of 18.2.2 by deleting the words "Mineral Aggregate Resource Policy Statement (MARPS)" to "Provincial Policy Statement". fill fill fill .. ... SCHEDULE "L" - - - - - - - ... ... - ... - - ... ... - - - - 2- 5. By adding a new subsection (e) as follows: "e) Wests ide Marsh is recognized as a provincially significant wetland and is subject to an aggregate extraction Licence issued under the Aggregate Resources Act. The Region recognizes and supports the agreement between the Municipality of Clarington and Blue Circle which allows for the reduction of the total licensed area, the closing of a portion of Waverly Road, the retention of a portion of the Marsh and the conveyance of approximately 40 ha of lands into public ownership for management as part of a wetland complex. < 6. By amending Schedule 4 for Aggregate Resource Extraction Area 97 by reducing the area from "252" to "227". .. SCHEDULE "A" TO DURHAM REGIONAL OFFICIAL PLAN MODIFICATION .. .. I , ~OTI LOT -'.1.5 ,4 I ..1 CON III @ . , . ". ;.; ...... .... 0... . ~~. . ;-'"~~,,v........~...,-:.."'~ t ~I: i CO"" .. .:.'- .,., ... T1/4" . . . . . .. .. ~ .. .. .. ~~:.~.:.::':";:.:.:."... ,....,.~ - - ~..~~':~~~~~, .. ..~ .. .. CHANGE FROM "SPEC~ POLICY AREA B" TO "WATERFRONT" .. R~SE BOUNDARY OF .SPECiAL POLICY AREA B" .. .. .. 3 ... .. ... - ... - PURPOSE: - ... ... - ... ... ... ... ... ... - - - - SCHEDULE "M" MODIFICATION NO. 170 TO THE CLARINGTON OFFICIAL PLAN Deferrals 10,11 and 24 St. Marys Cement and Cove Residential Area Section16.5 (Special Policy Area C - St. Marys Cement Corporation) sets out policies related to the quarrying and cement manufacturing facility now owned by Blue Circle Canada Inc. Section 16.5 has been deferred at the request of Blue Circle Canada Inc. (Deferral No. 10). Section 17.3 (Special Study Area No. 2 - Westside Marsh/Cove Residential Area) includes the Westside Marsh and various residential lands in the adjacent Cove residential community. The preservation of the Marsh and the issue of compatibility between existing residential uses, quarrying activities and other potential industrial uses are to be addressed prior to the approval of land use designations for the lands in Special Study Area No.2. Section 17.3 has been deferred by the Region at the request of Blue Circle Canada Inc. (Deferral No. 11). , In addition, those portIons. of Map A3 . (Land Use -. Bowmanville Urban Area) covered by Special Policy Area C and Special Study Area No.2, as well as a portion of Waverly Road south of the Ontario Hydro corridor are also deferred at the request of Blue Circle Canada Inc. and the Port Darlington Community Association (Deferral No. 24). At the request of the Municipality and Blue Circle Canada Inc., the Waterfront Regeneration Trust undertook a process to resolve the issues related to..the preservation of Westside MarSli, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues. The key recommendations of the Report would involve Blue Circle conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to Blue Circle for quarrying purposes. The purpose of this modification cis ,to incorporatelpolicies and land use designations into the Clarington Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the agreement between the Municipality and Blue Circle Canada Inc. SCHEDULE "M" ... - 2 - ... ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified by: III 1. By replacing all references to "St. Marys Cement Corporation" with "Blue Circle Canada Inc." .. 2. By deleting Section 16.5.1 and replacing it with the following: .. "16.5.1 This area primarily recognizes the licensed extraction area and the cement manufacturing facility of Blue Circle Canada Inc. and th~ Westside Marsh. The permitted uses are as follows: .. ... a) on the lands designated General Industrial, the commercial dock facility existing on October 1, 1997 and a cement manufacturing facility; ... .. b) on the lands designated Aggt:egate . Extraction . Area and. subject to 'the provisions of Section 16.5.2., aggregate extraction activities and ancillary uses such as a professional office building, a concrete batching plant, a truck terminal, and aggregate processing including the stockpiling of raw and processed materials; , .. .. .. c) on the lands designated Environmental Protection Area, no development except for protection, conservation and enhancement of ecological systems, passive recreation, and uses related to erosion control and storm water management; and .. ... .. d) on the lands designated Waterfront Greenway, the uses identified in Section 14.7." ... ... 3. Add a new Section 16.5.2 and 16.5.3 as follows and renumbering the remaining sections in Section 16.5: III III .. SCHEDULE "M" - "16.5.2 - - - - - .. .. - .. .. .. .. 16.5.3 .. .. - - - - 3 - Aggregate extraction activities and ancillary uses are subject to the following: a) an aggregate processing plant, concrete batching plant, and truck terminal shall: i) not be located within 700 metres of any residential property located south of Highway 401; and ii) not be located within 150 metres of the water's edge of Lake Ontario., b) within 700 metres of any residential property, aggregate processing IS permitted provided that any crusher is located 10.7 metres below natural grade; _"_ ..J anu c) for the purposes of Section 16.5.2, natural grade means the grades depict,ed by the. . contours shown on a drawing' entitled .. "Existing Features" prepared by MacN aughton Hermsen Britton Clarkson Planning Limited for the Bowmanville Quarry (Job No. "8816'B' St. Mary's Bowm Durh") dated for submission in accordance with the Aggregate Resources Act on Nov. 9, 1990 provided that in no case shall natural grade include stockpiled material, excavated areas or be deemed to exceed 86 metres above sea level or be deemed to be less than 75.4 metres above sea level. A portion of Special Policy Area C includes lands which will accommodate the planned diversion of Wests ide Creek, the retention of a significant portion of the Westside Marsh existing on October 1, 1997, and a habitat linkage area between the Wests ide Marsh and the Bowmanville Marsh wetlands. These lands shall be managed by an appropriate public authority in conjunction with other public lands so as to conselVe and enhance wildlife habitat on-site or SCHEDULE "M" ... - 4 - III nearby with the objective of achieving no net loss in biodiversity and function." III 5. By deleting the existing Section 16.5.4 (to be renumbered 16.5.6) and replacing it with the following: ... "16.5.6 Any rehabilitation plan or amendment to a rehabilitation plan for the aggregate extraction area shall address, among other matters, the following: III a) the relationship of the lands to be rehabilitated to the Westside Marsh and related lands referred to in Section 16.5.3.; III ... b) the land uses permitted within Special Policy Area C; III c) the provisions of this Plan dealing with Bowmanville's urban waterfront; and ... d) the provision of attract~ve, connected and accessible public spaces appropriately located. ... Before submission of a rehabilitation plan or an amended rehabilitation plan to the Province for approval, the owner shall meet with the Municipality and Conservation Authority to obtain their input and comments on the matters referred to in this section. The owner shall objectively consider but not necessarily follow such comments in finalizing a rehabilitation plan or amended rehabilitation plan." III .. llIIII llIIII 6. By adding the following new section: "16.11 .. SPECIAL POLICY AREA I RESIDENTIAL AREA COVE 16.11.1 WIfj' Special Policy Area I recognizes the historic residential community known as the Cove. Existing residential dwellings and limited infilling is permitted on private sewer or water services. ... ... ~ - SCHEDULE "M" - - - - - - .. .. - .. :.. - .. .. - - - - - 5 - 16.11.2 The creation of new lots shall meet the requirements of Sections 12.3.5 and 23.7 of this Plan. 7. By deleting Section 17.3 and its corresponding subsections in their entirety. 8. ~ By modifying Map A3 as indicated by Exhibit 1 to this modification. Exhibit 1 attached hereto shall form part of this modification. :. ~ .,: . ...J ...J 8 8 I I U U V) V) >- >- ~ ~~ Uz ~z ::JO <0 mU ~U =>w WW Q. V) V) V) ...J 8 I U V) ~ wO !;(z <!:8 o:w Q.V) ...J ...J 8 8 I I U U V1 V) >- >- g ~g Uw ~w ~~ ~~ =>~ w~ Q.W V)W tJ~toAJ~A[J L5 L5 L5 ~ ~ 0: ~ ..I ; 1 ~~ ~:./o: ~g t-I;; 51;; ~ WQ. :I:=> z=> ..I ~ O:~ ~o wO 1= ~\ Q.W ::J~ ~~ ::> 11~11 @ @ tt"'AJ ~~i:i ~Il.~ . (5 0::: <( OZ i-'-O .$:: . U >-w ~i-'- z~ ;:i:WQ.; o~ e2o~ wi-'-~ hZW <;(Q::i ZO:::z ~l:i::o ~W~ 0.'<> w;:tJ .1)::.. · ) ~. if',,', ',~ CNO!I I{Dlr.) 6 L5 ..10: g<( wZ ~o zl} :5?~ ~:5? WQ. ~ I ~ O~ i-'-o::: . <( l5z 0:::0 <l:i= zU o~ i=0 ;::EUO::: o~a.. O:::i-'--l u..(;)~ .W Z h.WW <;(i-'-;::E z~z Qwo (1)0:::0::: wo> Ooz ~ t<l: ~ w ~ V) z w W 0: ~ III ...J 8 :I: U V) >- g ~w <!:~ o:~ Q.W >- ~ z w W 0: " ~ o ~ 0: ~ ~ L5 >-~ ~~ oZ Zz ~~ V1Q. ~ ~ ?: z => ~ ~ o U l5 ~ >- U ::J o Q. ~ U W Q. V) ~ ~ t- U ~ Ci ..* l5 ~ >- o => t- V) ...J :$ U W Q. V) . . . . . . . . . . ~ 0: it o o o I 0: => o m :I: ~ W z L5 ...J L5 <( 0: <3 0: <( 0: L5 <( ...J 0 W ...J & 0 :::!: ~ ~ 0 :::!: t- :I:...J 0 wZ Z 0::$ U w =>u 1-0 W U 00: >- (31= U ..I mw ~ ~~ :I:~ . :Z' <( ~~ :I:. ~ U ,wo' " g~ 0' I ..I ZU <(w I I I ;~\ ~Q * ' . .ti& "~> r~~ -.,.... 0 0 f- W Vl~~ o<(w Z~l..1... :)ww 0::0 ~ z ~ ~ 0 I- 2; <:) z ~ zO:: 1!!!!I@l :5:5 ... @!)~ 0> 2):2> Q.<J ~ . ...JlL. is~ @1lY <(0 .ri 0::::;: ~~ Q~ -' <(z cr ~~ lL._ Q. W lL....J <( ...JW 0<( <(0::: 2; Q. ~o:o ~ ~ Oi-'-i-'- I Z O:::(/)Z :J u..60 :::E wzo::: I--u.. @ <( 0::: Z-lW o<l:1- -0:::<( (/)w:;: wz. Ow wOO 0:::. I- .. III Z o 1= ~ V) o ~ .. it ... .. .. w o o Z :::!: V) 0: => o t- .. IIIIIiI ... .. .. .. ..l .. .. .. ... III ... III - SCHEDULE "M" - 7 - - NOTE: It is acknowledged that the above wording respecting recogmtIon of the existing commercial dock facility is without prejudice to the rights or entitlement of Blue Circle Canada Inc. or its successors under all applicable legislation to expand or to add to such commercial dock facility and the rights and powers of the Municipality of Clarington in respect of any such expansion or addition to the commercial dock facility. - - - J' - - - .. - .. - - .. ... .. - - - III SCHEDULE "N" II1II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98-_ .. .. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. .. WHEREAS at a meeting on October , 1997 Council considered a multi-faceted report dealing with the Wests ide Marsh, Blue Circle operations and the closure of a portion of Waverly Road; .. AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the approved Qarington Official Plan and the agreement with Blue Circle Canada Inc; .. .. NOW THEREFORE BE IT RESOLVEp THAT the Council of the Corporation of the . Municipality of Clarington enacts as follows: .. 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: .. "E}",1:ractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) .. Zone". 2. Schedule "A" attached hereto shall form part of this By-law. ... 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of the Planning Act. ,- .. .. ... .. .. .. - SCHEDULE "N" - 2 - - - BY-LA W read a first time this day of - BY - LA W read a second time this - BY - LAW read a third time and finally passed this - - -- - a. - - - - - - - - - day of day of 1998 1998 1998 Mayor , Clerk ... This is Schedule "A" to By-law 97- passed this day of t 1997 A.D. t ... ... .. LAKE O,vrA,?iO .. 1m ZONING CHANGE FROM "A" TO "EP" _ ZONING CHANGE FROM "M3-1" TO "EP" .. .. ... Cieri< BOWMANVlLLE I r .. lAayor lIIIIi till - SCHEDULE "0" - THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON _ BY-LAW NUMBER 98-_ - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. - - WHEREAS at a meeting on October, 1997 Council considered a multi-faceted report dealing with the Westside Marsh, Blue Circle operations and the closure of a portion of Waverly Road; - AND WHEREAS the Council of the Corporation of the Municipality of Oarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement the agreement with Blue Circle Canada Inc; - - NOW THEREFORE BE IT RESOLVED TIIAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: - "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" - "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP) Zone". - 2. Schedule "A" attached hereto shall form part of this By-law. .. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. .. ... - - - SCHEDULE "0" BY-LA W read a first time this day of BY - LAW read a second time this BY - LAW read a third time and finally passed this - 2 - day of lIlIl .. lIlIl 1998 lIlIl 1998 .. day of 1998 .. Mayor .. ... ,Clerk ' .. ... .. .. .... ... ... .. .. lIlIl IiIIl - - This is Schedule teA" to By-law 97- passed this day of , 1997 A.D. , - - LOT 10 - z 0 (f) - (f) w U z 0 - U I- z Z - 0 a::: lJ... - Z W ~ 0 .-0. a::: " - (]) II - LAKE ONTARIO - - - - ~ ZONING CHANGE FROM ttM3-1" TO "EP" - I - r l.4oyor - BOWMANVlLLE Clerk - ... SCHEDULE "P" PERMITTED ENCUMBRANCES AFFECTING THE BLUE CIRCLE LANDS III (Instrument numbers appearing in square brackets denote registrations in the Registry Office and those appearing in round brackets denote registrations in the Land Titles Office. Blue Circle Canada Inc. is defined as the "Company") ... As to all the Lands ... 1. any reselVations, exc~tions, limitations, provisos and conditions expressed in the original grants from the Crown, as the same may be varied by statue. - 2. Unregistered Hydro Easements. By letter dated March 20, 1997, Ontario Hydro advised that it claims the following unregistered rights in the Lands pursuant to _ Section 42 of the Power Corporation Act, R.S.O. 1980, Chapter 384, as amended: (a) (b) (c) (d) (e) 3. - - Lot 14, Broken Front Concession, in the Township of Darlington, for 3 poles, 1 anchor and a 16.5 foot right of way granted by the' Estate of John Edwin Allin on February 12, 1951 (P28558); - Lot 14, Broken Front Concession, Township of Darlington, for 1 pole, occupation rights, a right 10 foot wide to cut and a further right of way, also 10 foot wide granted.,by~Norm,an Brown on Janua.ry 6, 1949 (P71814); ". . '. ." .'. .". . -'", ' -- ... Lot 16, Broken Front Concession, Township of Darlington, for 2 poles, 1 anchor and occupation rights granted by Gamet L. Symons on October 19, 1949 (P7209); .. ... Lot 14, Broken Front Concession, Township of Darlington, for 6 poles, 2 anchors, occupation rights, a 10 foot right-of-way and a 60 foot separation allowance granted by St. Marys Cement Co. Ltd. on April 14, 1969 (P283637); - Lot 14, Broken Front Concession, Township of Darlington, for 1 anchor granted by St. Marys Cement Corporation on August 2, 1989 (P453511). ... Any prescriptive rights acquired by any landowners. .. As to all Lands except those fourthly described in Schedule "A" 4. ... Instrument No. [154028] (NL21965) registered August 31, 1989, being a Development Agreement dated July 11, 1989 between the Company and The Corporation of the Town of Newcastle ("Newcastle"). 5. .. Instrument No. [161184] (NL28000) registered August 1, 1990, being a First Amending Agreement dated May 23, 1990 between the Company and Newcastle. III .. .. .. .. SCHEDULE "pit - 2 - 6. .. .. 7. .. 8. .. .. .. 9. - . .10. - - - .. - - - - - - Instrument No. [161803] (NL28656) registered September 12, 1990, being a Construction Agreement dated June 4, 1990 between the Company and the Central Lake Ontario ConselVation Authority. Instrument No. [162555] (NL29408) registered October 30, 1990, being a Second Amending Agreement dated october 15, 1990 with respect to item 3 above, between the Company and Ne)Vcastle. Instrument No. [D377830] registered December 19, 1991, being a Certificate of Action by Cooper's Crane Rental Limited, {The same Certificate of Action in the Land Titles Office was vacated and ruled off, as was the Construction Lien in both. systems pursuant to an order vacating the same which was obtained March 21, 1994 and registered in the Land Titles Office on March 25, 1994 as Instrument No. [D429562]}. Instrument No. [D453808] (LT723156) registered June 27, 1995, being a First Amendment Agreement to the First Amending Agreement, being item 4 above, dated May 22, 1996 between the Company and The Corporation of the Municipality of Oarington (ltClaringtonlt). Instrument No. [D485447] (LT786506) registered January 10, 1997, being 'a Seco~d . Amendment Agreement to the First Amending Agreement, being item 4 above, dated December 20, 1996 between the Company and Clarington. As to those parts of the Lands firstly described in Schedule "A" 11. Any rights of the public to pass and repass over the unopened portion of Darlington Street as shown on Plan H-50078, as set out in Instrument Numbers [11682] and [N30724]. As to those parts of Lands described secondly in Schedule "A" 12. Subject to certain existing rights of way which may have been acquired by prescription along the beach at the southerly limit of part of the Blue Circle Lands, as set out in the executors deed dated November 5, 1952 in favour of Alfred Hislop Allin registered on November 21, 1952 as Instrument No. [21101] and in a deed dated August 1, 1943 and registered on August 16, 1945 from the Trustees of Walmer Road Baptist Church to Carl Christian as Instrument No. [17811] and in a deed dated July 29, 1966 from Tom Popofsky, Vladimir Boujos and Nick Mousmanis to St. Marys Cement Co. Limited and registered on August 25, 1966 as Instrument No. [N30633]. ... SCHEDULE "P" 13. - 3 - 'III Instrument No. [98766] registered May 14, 1980, being a Development Agreement made between the Company and Newcastle. 'III 14. As to Closure Areas A, B, C and D, Reservation of temporary easements for services provided by Ontario Hydro, Clarington Hydro, Bell Canada and Rogers Cable Television. ... .. 'III .. .. III .. .. .. .. .. .. .. IIIIIi till .. " \ ATTACHMENT #5 - ~ 1tlE COOPOOATIOO OF ll-E MJUCIPALITY OF ClAAI~ - REPORT Date: October 6, 1997 File # -rO~. Res. #~- SSg -9 7 By-Law # - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Report #: Subject: WD 61 97 File #: - APPLICATION TO STOP-UP, CLOSE AND AUTHORIZE THE SALE OF PORTIONS OF THE ROAD ALLOWANCE OF WAVERLY ROAD - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report WD-64-97 be received; - - 2.. THA:rfurther, to. the -re?ommendations' approved in Reports AOMtN -. 42-97 (September 29, 1997), and WD-51~97 (August 18, 1997), and conditional on Council approval of an agreement with Blue Circle Canada Inc" staff be authorized to prepare the appropriate authorizing by-laws for Council's approval for the following: - - - i} to stop up and close portions of the road allowance known as Waverly Road; - ii} to convey those portions of Waverly Road to be stopped up and closed to Blue Circle Canada Inc,; - - iii} to assume and dedicate the proposed portion of the Blue Circle haul road and its extension as a temporary public highway; and - 3 . THAT the interested parties listed in this report and the delegations be advised of Council's decision. - - tIl€C'ClIlD~"""II" ".....:" WIUC'CI.' tl<<StSI'fIIHTtOONflEC"tCt(OPAl"fA REPORT NO.: WD-64-97 PAGE 2 REPORT 1.0 ATTACHMENTS Attachment No. 1 Attachment No. 2 Attachment No. 3 Key Map Report WD-51-97 Report Admin-42-97 2.0 2.1 BACKGROUND Council, at its meeting of September 29, 1997, approved the recommendations in Report Admin-42-97, as follows: "THAT Report Admin-42-97 be received; THAT the applications to stop up, close and convey a portion of the road allowance known as Waverly Road to Blue Circle Canada Inc. and the proposed dedication of a portion of the Blue Circle haul road and its extension as a temporary public highway. be referr~d.back to staff for consideration of the delegations and preparation of a report" for the General Purpose and Administration Committee on October 6, 1997; and THAT the interested parties listed in this report and the delegations be advised of Council's decision. II 2.2 Since Council's consideration of Report WD-42-97, Blue Circle Canada IflC. has modified its request for the immediate closure and conveyance of portions of Waverly Road by deleting from the request the immediate closure'and conveyance to it of the portion of Waverly Road located between the Ontario Hydro lands and the intersection of the "Haul Road to be Leased" with Waverly Road. (See Attachment No.2 to Report WD-51-97.) (The portion of Waverly Road which will not be closed immediately and has been withdrawn from Blue Circle's present request for closure and conveyance is identified as Part 2 on Reference plan 40R-17775.) The northerly "Extension of Road (To Be Leased) II also shown on Attachment NO.2 to Report WD- .. .. .. .. .. ... ... ... - .. ." ... .. - .. .. .. .. ... - - REPORT NO.: WD-64-97 PAGE 3 - - - - 2.3 - ... - 3.0 3.1 - - - - - - - - - - 51-97 (now shown as Part 16 on Reference Plan 40R-17775) will not be leased to the Municipality and consequently will not be dedicated as a Temporary Public Highway. Certain reserves which would have connected the "Extension of Road (To Be Leased) II to the portions of Waverly Road that would have remained open are owned by the Municipality also will not be dedicated as a part of the Temporary Public Highway. They are shown as Parts 5, 6, 10 and lIon Reference Plan 40R-17775. Attachment No. 3 to this Report shows the revised portion of Waverly Road to be closed the "Haul Road to be Leased II and the "Extension of Road to be Leased. II The latter two areas will be laid out and dedicated as the Temporary Public Highway. REVIEW AND COMMENT It is generally recognized that comments made by delegations at the sept~~er 29, 1997 Co~cil meeting have alre~dy b~en': heard and given due considerat'ion during either the Waterfront Regeneration Trust process, Report WD-51-97, (dated August 18, 1997) or Report Admin-42-97, (dated September 29, 1997). In particular, the Waterfront Regeneration Trust held four public discussion sessions from December, 1994 through to April, 1995 leading up to their interim report dated June, 1995. Following this, the Trust invited a number of interested parties, including local residents, naturalists, provincial and Federal agencies to participate in two work groups through the summer and fall of 1995, culminating in the November 1995 release of their report entitled "Westside Marsh-Report and Recommendations. II Certain comments by delegations at the September 29, 1997 Council meeting are discussed in the following paragraphs. 3.2 Emerqency Access to Cedar Crest Beach Although addressed in the staff presentation at the beginning IIIIIl REPORT NO.: WD-64-97 PAGE 4 .. of the September 29, 1997 meeting, concerns were still expresped regarding emergency response time. As the present point in our negotiations, we are attempting to secure an emergency route through Blue Circle lands to take effect upon the closing of Waverly Road and will continue following construction of the Westside Marsh connecting bridge. .. ... .. 3.3 Haul Road Traffic Concern was residents in vehicles. dedicated as a temporary public highway, only those Blue Circle vehicles which are licensed for regular road travel will be allowed to use this dedicated access to Cedar Crest Beach. No "off-road" Blue Circle pit haulers will be allowed to use this, sectio,n of roadway." In actui3-1 fact, Blue. Circle pit haulers have no reason, at present, to use the Biue Circle haul road accessing the St. Mary's dock. At present, pit haulers travel back and forth between the pit and the primary crusher located in proximity to the main St. Mary's plant operation. .. raised regarding the use of the haul road by conjunction with Blue Circle Inc. "pit hauling" Please be advised that once the haul road is IIIIIl .... .. III .. .. 3.4 Load Carryinq Capabilities of Proposed Bridqe and Approaches Staff clarified, at the September 29, 1997 meeting, that the construction of the Westside Creek Bridge as "full load" meant that, following construction, there would be no weight restrictions at the bridge and the bridge would be fully capable of carrying Municipal fire trucks and other heavy delivery vehicles which normally travel on our municipal roads. Cove Road would be reconstructed to carry traffic ln a manner similar to other municipal roads and would only be subj ect to the normal spring half load ,season presently experienced on other roads accessing the area (i. e. West Beach Road) . .. 'III - till lIIII till IIIIiI - - REPORT NO.: WD-64-97 PAGE 5 - 3.5 Use of Qualified Arborist One resident suggestion involved the use of a qualified arborist to ensure proper care of trees. As already recommended in the Scoped Environmental Impact Study, it is our intention to retain various environmental consultants to assist at various stages of the proposed construction. - ... - 3.6 Leased Haul Road vs Continued use of Waverly Road Alth9ugh mentioned in previous reports, it is important to repeat why the haul road and its extension must be used rather than the existing paved surface of Waverly Road. The primary aspect of the agreement between the Municipality and Blue Circle results in the transfer of Waverly Road in exchange for the Blue Circle lands identified in the Trust Report of November, 1995. The Municipal Act prohibits the closing of a publi9 -highway, which ":is theor:ly acc~ss tq p~operties ,-, unless access by another public highway is provided. In order to address these considerations, staff has negotiated for, and Blue Circle has agreed, to lease to the Municipality, the portions of its present haul road and extension necessary to provide continuous access via a public highway to the residents of the Cedar Crest Beach Road and Watson Drive - ... - - - - areas. ... 4.0 FUTURE ACTION - 4.1 Council was advised at the September 29, 1997 meeting, that a report on the negotiations between Clarington and Blue Circle would be forthcoming at the October 6, 1997, General Purpose and Administrative meeting. As negotiations are still ongoing, the follow-up report pertaining to other comments expressed at the September 29, 1997 meeting and to negotiations on the agreement with Blue Circle will be presented directly to the Council meeting scheduled for October 14, 1997. .. - ... - .. REPORT NO.: WD-64-97 .. PAGE 6 .. Respectfully submitted, Reviewed by, ... ~-L- t/~ Stephen A. Vokes, P~~ng. Director of Public Works W. H. Chief SAV/wc Interested Parties: Blue Circle Canada Inc. Port Darlington Community Association Port Darlington Community Association .. ~j!:!!fyA/::> Stockwell ~ Administrative Officer ... .. WI .. WI III .. .. ., .. .. .. .. .. iii Lo-~\J"\ . UIIJ.~ - - ~ .... CU > -- .. ~ a. "C - C CU (J -- - - .c ~ a. - ......... a Q. it ~ CU .. :E <: a "C .. ~ CU 0 ~ a: .. - ~ a:0 w~ ~o 3:5 u.w - .. - .. - o 1-0 ow a! a:-I -Iw ::Jm ~ - - - - o c5 a: -10 ::Jw <l:1Il ~i3 0-1 Zw om -0 ~I- -~ Meeting: Date: Report #: Subject: .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON xxx~ffilfx>flMm~xiXYfJl~~~~1a8cxx REPORT .. SPECIAL MEETING OF COUNCIL ... File # Res. # By-Law # AUGUST 18, 1997 .. WD-51-97File #: APPLICATION TO STOP UP AND CLOSE A PORTION OF THE ROAD ALLOWANCE KNOWN' AS WAVERLY ROAD IN BOWMANVILLE AND TO CONVEY THE SAME TO BLUE CIRCLE CANADA INC. (ST. MARY'S CEMENT) .. ... PROPOSED DEDICATION OF PORTIONS OF THE HAUL ROAD AND EXTENSIONS AS A PUBLIC HIGHWAY UNTIL THE TERMINATION OF A LEASE OF THEM TO THE MUNICIPALITY .. RECOMMENDATIONS: It is respectfully recommended that Council approve the following recommendations: .. 1. THAT Report WD-51-97 be received; .. ~ 2. 'l1IAT the portion of the' h,aul road and ,extens'ions'of it shown schematicall~ on Attachment No.2, be dedicated as a public highway until the termination of the lease of them to the Municipality which is referred to in this report; ... .. 3. THAT, subject to compliance with relevant legislation, By-law No. 95-22, the lease to the Municipality and dedication of a public highway of the portions of the haul road and extens~ons referred to in Recommendation No.2, and the approval by Council of appropriate land exchange and financial arrangements with the applicant referred to in this report, being portions of Waverly Road generally located from a point approximately twenty metres (20 m) south of the southerly limit of the Ontario Hydro Right-of-Way to a point approximately one hundred and fifty metres (150 m) north of Watson Drive be closed as a public highway and conveyed to the Applicant i .. .. ., .. .. , .. REPOOT I'D.: \oD-64-97 ATTPLHVENT I'D.: 2 .. 1M! - - REPORT NO.: WD-51-97 Paqe 2 - 4 . - 5. - - - - - - - - - - - - - - - THAT staff be authorized to advertise a Public Hearing required under the Municipal Act to implement Recommendations No . 2 and 3; , THAT, if following such Hearing, Council passes the by-laws to stop up and ftlose those parts shown schematically on Attachment No.2, and to authorize the conveyance of them to the Applicant, and to dedicate the lands referred to in Recommendation No. 2 as a public highway, the Mayor and Cler~ be authorized to ,execute the necessary documents to complete the closure and conveyance to the Applicant; 6. THAT staff be authorized to take action to obtain the necessary approvals required by relevant legislation; 7. THAT by-laws to give effect to this request be passed; THAT the . Clerk. obt~in~it~e~ approval :of, the: by-law to close and convey the subj ect portions of Waverly Road, by registered. mail, from the Region of Durham; 8. 9. THAT Blue Circle Canada Inc., the Port Darlington co~munity Association, the Waterfront Regeneration Trust, Central Lake Ontario Conservation and Ontario Hydro be advised of Council's decision. REPORT 1.0 ATIACHMENTS Attachment No. 1 Attachment No. 2 Key Map Map showing portions of Waverly Road Proposed to be Closed and Conveyed and the portions of the haul road and extension located on the Applicant's lands which are to be leased to the Municipality and dedicated for the term of the lease as a public highway. .. REPORT NO.: WD-51-97 Paqe 3 .. BACKGROUND The Waterfront Regeneration Trust issued its Westside Marsh Report and Recommendations in November, 1995. This Report followed the submission by the Honourable David Crombie of the Int~rim Report on the Royal Commission on the ,Future of the Toronto Waterfront in 1990. The 1995 Report was prepared with the encouragement of the Municipality, the Community and St. Mary's Cement. St. Mary's Cement has recently been acquired. . , by Blue Circle Canada Inc. ("Blue Circle"), the present Applicant. 2 . 2 Wests ide Marsh was identified by the Trust as the only Provincially significant Class II Wetland on the Durham shore of Lake Ontario. The Trust noted that it is valued highly by ~ regional and local naturalists and by residents on the Municipality,! s. waterfront.' However, the limestone beneath the . . . '. . '. . '". ....-. Westside Marsh is licensed for extraction and subj ect to protection under provincial policy. 2.0 2.1 ... .. .. .. ... ... - .. 2.3 The Westside Marsh borders on approximately fifty (50) dwellings in the Cedar Crest Beach Road and Watson Drive area. It is also adjacent to a number of dwellings in the Cove Road area. Cove Road presently is a private road. 2.4 In preparing its Report of November, 1995, 'the T~st organized a number of meetings between two groups of stakeholders to consider habitat issues and other community concerns related to St. Mary's proposed developments in the Westside Marsh.. While these meetings were ongoing, additional studies were conducted and the Trust met with relevant agencies and individuals to obtain additional expert information. The plan contained in the Trust Report stated the following obj ecti ves: . protect most of the Marsh and create a new habitat for fish, birds, plants and animals in order to achieve no net loss, overalli .. ... .. .. .. .. .. . ,create 120 acres of parkland to protect the communitYi .. III ... - REPORT NO.: WD-51-97 Paqe 4 . close approximately four (4) acres of Waverly Road which would be transferred to St. Mary's Cement and provide access to Cedar Crest Beach by a bridge and road connection to West Beach Road; relocate a- portion of Westside Creek, east and then south, into the portion of Westside Marsh which will be retained. - . - .. - - 2.5 At Council's direction, the Chief Administrative Officer has held a number of meetings with staff and representatives of Blue Circle to attempt to work out an integrated package of business and legal arrangements necessary to implement the Trust's recommendations and to protect the Municipality's interests as well as the interests of the affected communities. The following have been undertaken: . Prelimi~ary. dra~ings have, been prepared by the Municipality's consultants which show the proposed bridge that would connect Cedar Crest Beach Road to Cove Road and the improvements that are necessary to bring Cove Road up to Municipal standards. . Meetings have been held by staff with representatives of CLOCA and Ontario Hydro respecting property transfer and management arrangements that would have to be made with those organizations. Discussions have been held with representatives of the Federal Department of Fisheries and Oceans respecting its requirements to compensate for the loss of a portion of the fisheries habitat. . Staff have contacted the land owners who would be affected by the acquisition of Cove Road and its dedication as public highway extending to Cedar Crest Beach Road as well as the construction of the proposed bridge. . Staff have also'been in contact wi~h representatives of the Ministry of Environment and Energy respecting compliance with the Ontario Environmental Assessment Act - - ... - ... - ... - - .. - - .. REPORT NO.: WD-51-97 Paqe 5 .. and with the Canadian Coast Guard respecting compliance with the Navigable Waters Protection Act and the Federal Environmental Assessment Act. All of these discussions are ongoing at the present time. The Chief AdministI:ative Officer expects that he will be in a position to report on all of them to Council at its meeting on September 29, 1997. till .. ... 2.6 The meetings with Blue Circle have included negotiationEf respecting the consideration that would be paid by Blue Circle in money and in..land in exchange for the conveyance of the portions of Waverly Road referred to in this report. - .. 2.7 The residents of the Cedar Crest Beach Road and Watson Drive areas now have access to their properties only via Waverly Road. The acquisition of Cove Road, its dedication as a publichighway'~"cind the' construction of the propase,d bridge to connect Cove Road to Cedar Crest Beach Road would follow the closure and conveyance of the portions of Waverly Road in question. The Municipal Act prohibits the closing of a public highway which is the only access to properties unless access by another public highway is provided. In order to address these considerations, staff have negotiated for and Blue Circle has agreed to lease to the Municipality the portions of its present haul road ana extensions of it shown on the Map contained in Attachment No.2. The northerly extension of the haul road is to be constructed by Blue Circle at its expense. .. .. .. .. .. .. .. 2.8 The portion of the haul road and its extensions will be leased to the Municipality at a nominal rental, for a term which will expire when Cove Road and the proposed bridge are dedicated as a public highway under the Municipal Act. During the term of the lease, the portion of the haul xoad and its extensions would be dedi~ated by the Municipality as a public highway so that continuous access via a public highway would continue to be provided to the residents of the Cedar Crest Beach Road and .. .. .. .. .. .-. - - - - .... - - - - - - - - - - - - - REPORT NO.: WD-51-97 Paqe 6 Watson Drive areas. 2.9 Construction of the proposed bridge to connect Cove Road to Cedar Crest Beach Road will require approvals under the Ontario Environmental Assessment Act and the Navigable Waters Protection Act.~ Staff are continuing to investigate other approvals which may be required under relevant provincial and Federal Legislation. 2.10 Blue -Circle has agreed to share with the Municipality the cost of the upgrading;of Cove Road to municipal standards and the construction of the proposed bridge to connect Cove Road and Cedar Crest Beach Road. The Chief Administrative Officer will be reporting further on recommended cost sharing, land exchange and management arrangements to Council at its meeting of September ,29, 1997. 2.11 Staff intend" to 'hold an .inforrnal . meeting with residents concerning the road plans early in September (tentative date - Thursday, September 4, 1997). Representatives of relevant agencies will be invited to participate. A report will be submitted to Council on the results of. this meeting for the meeting on September 29, 1997. CONCLUSION 3.0 The holding of the Public Meeting by Council to consider the proposed closure and conveyance of portions of Waverly Road to Blue Circle and the dedication as a public highway for the term of the lease to the Municipality of the portion of the 'haul road and extensions as shown on the map contained in Attachment No.2, is the first step in the implementation of the Waterfront Regeneration Trust recommendations respecting the westside Marsh. It is requested that Council authorize staff to advertise a:Public Meeting of Council to be held to consider these proposals on September 29, 1997. The approval of the proposals will be subject to compliance by the .. REPORT NO.: WD-51-97 Paqe 7 .. Municipality with all relevant legislation applicable thereto as well as the Municipal Sale of Surplus Land By-law (By-law No. 95-22). The approval of the proposals will also be subject to Council's approval of appropriate land exchange, and financial arrangements with~Blue Circle which are considered necessary by Council to implement the Waterfront Regeneration Trust's recommendations contained in its Report of November, 1995, and to protect the Municipality's and the communities' interests. .. .. .. .. Respectfully submitted, Reviewed by, .. ~~ Stephen A. Vokes, P. Eng., Director of Public Works .. W.H. Stockwell, Chief Administrative Officer - DH : j co .. ... .. ... - - ... .. .. .. .', ... tlBOWMANVI LLE" DP - - - - - - r~ Proposed Bridge Location J / / / Bowmanville Water Supply Plant - - - I r MUNICIPALITY OF CLARINGTON - WEST SIDE MARSH N,T.S, - totten sims hubidd associates I; ~ -~_..- .. S'!l~sa-c."'. ,,"6$ ("~ C~'.':t....~ KEY MAP ATTACHMENT NO. 1 - 12 -10490 July 18, 1997 - . . . .. ~ .. .... as > .. -- '- 0- N -c .. .... r:: t: a:s Q) (,) .. E -- - .c: .Q (,) :1 .. as '0- ~ "'-'" C) c. -- .0:: a:s .. ~ ~ ~ C) "t] .. ~ a:s 0 3 c: ... .. .. i .. ... 7 o "'0 ~w ~~ --- .. .. .. ..Jw ~m ~~ .. .. .. - - tvteeting: )ate: - Report #: .subject: ON:Admin-42.97 REPORT 16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON mmctG)"ne~JelUllCJN(ClIXlalmXWlo)K~X REPORT Council File # Res, # By-Law # Monday, September 29, 1997 k:itP. #. ADMIN-42-~T . APPLICATION TO STOP UP AND CLOSE A PORTION OF THE ROAD ALLOWANCE KNOW AS WAVERLY ROAD AND CONVEYTHE SAME TO BLUE CIRCLE CANADA INC. - RecommendaMQPOSED DEDICATION OF PORTION OF THE BLUE CIRCLE HAUL ROAD -' AND EXTENSIONS TO IT. AS A TEMPORARY PUBLIC HIGHWAY, - - . - - - . - - - - - - CONVEYANCE OF PORTIONS OF WESTSIDE MARSH, BOWMANVILLE MARSH AND OTHER LANDS OWNED BY BLUE CIRCLE TO CLOCA IMPLEMENTATION OF THE RECOMMENDATIONS OF THE WATERFRONT REGENERATION TRUST REPORT ON WESTSIDE MARSH It is respectfully recommended to C?uncil thefOliOwing: 1 . THAT Report ADMIN-42-97 be received; 2. THAT the applications to stop up, close and convey a portion of the road allowance known as Waverly Road to Blue Circle Canada Inc. and the proposed dedication of a portion of the Blue Circle haul road and its extensions as a temporary public highway be referred back to staff for consideration of the delegations and preparation of a report for the General Purpose and Administration Committee on October 6, 1997; ,. .~- 3. THAT the interested parties listed in this report and the delegations be advised of Council's decision. 1.0 BACKGROUND 1.1 Waterfront Regeneration Trust Process 1.1.1 In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality and Blue Circle Canada Inc. ("Blue Circle" formerly know as 81. Marys Cement Corporation), agreed to help resolve the numerous issues related to Blue Circle operation on the Lake Ontario Watertront, including their plans to quarry the , ' Westside Marsh. 1.1.2 In December 1994, three public discussion sessions were held in Clarington to increase public understanding of Blue Circle plans and explore any practical ..,..: (*J,;:'.":', REPffiT t{).: W)-64-97 A TT.na-t-rnf N).: 3 alternatives that provided for both the long term viability of the Blue Circle operations and the preservation of the greatest portion of the wetland possible. 1.1.3 On April 5, 1995 the Trust held a fourth public discussion session to outline its proposal on a concept to resolve the primary issues and receive public comments. This was documented in an Interim Report dated June 1995. 1 .1.4 The Trust invited a number of interested parties, including local residents, naturalists, the Ministry 'of Natural Resources (MNR), the Central Lake Ontario Conservation Authority (CLOCA) and the federal Department of Fisheries and Oceans (DFO), to participate in two work groups to consider habitat issues and other community concerns related to Blue Circle's plans. These work groups met regularly through the summer and fall of 1995 to explore issues and review information, and to assist the Trust in the development of options for resolving the various issues. 1.1.5 1.2 1.2.1 -~ .~ In Noyember .1995, the Trust released a report entitled Westsicfe Marsh - Report and Recommendations in which they presented a concept for the preservation of the Wests ide Marsh. The major recommendations provided in the Report are as follows: · protect much of the Marsh and create a new habitat for fish, birds, plants and animals in order to achieve no net loss overall; · transfer the CBM stone crushing and read i-mix operations to an industrial location provided by the Municipality · create 120 acres of parkland to protect the community · close Waverly Road and transfer to Blue Circle and provide a new road access is to be provided to Cedar Crest Beach Road by constructing a bridge and road connections to West Beach Road. Implementation of Trust Proposal In July 1996, Council authorized Staff to initiate negotiations with representatives of St. Marys Cement regarding the closure and conveyance of Waverly Road, and 2 .. .. ... liliiii ... .. .. .. .... liliiii .... ... ... .. .. ... iii III ... .. - the transfer of the retained Marsh and other lands to a public agency. As well, in order to continue public access to Cedar Crest Beach Road once Waverly Road is closed, Council agreed to take public ownership of Cove Road and to build a bridge over the mouth of the Marsh to connect the two roads. - 1.2.2 Staff initiated negotiations with the owners of property on both the east and west sides of the mouth of the Marsh to acquire the necessary lands to build the .. bridge and road approaches. - - 1 .2.3 The Municipality retained the consulting firm Bird and Hale Umited to undertake a scoped environmental study to determine the environmental impacts related to the construction of the bridge and road approaches. This report, completed in November 1996, indicates that there are no serious impacts on the natural environment resulting from the location and construction of the bridge and road approaches. The Report recommends a number of mitigative.measures to reduce --~~ '~1."'; . or eliminate the potential impacts. - - - - .. 1.2.4 The consulting firm Totten Sims Hubicki was retained by the Municipality to undertake an engineering study to determine the final design and location of the bridge crossing and road approaches, including the necessary upgrades to Cove Road. - .. 1 .2.5 Two public information centres were held. A Public Information Centre was held on February 18, 1997 to present and discuss the findings of the Environmental Impact Study with consultants and Staff. On September 4, 1997 a second Public Information Centre was held to provide information relating to the location and design of the bridge, the improvements to Cove Road and the diversion of Westside Creek. Notice of both Information Centres was provided to all residents of the waterfront communities adjacent to the Marsh. .. .. .. - 3 - - .. 2.0 CLOSURE OF WAVERLY ROAD 2.1 Report WD-51-97, as approved by Council on August 18, 1997, outlines specifics .. with regard to the closure of a portion of Waverly Road. This previous report authorized staff to advertise the Public Hearing required under the Municipal Act ... to close approximately five (5) acres of Waverly Road which would be transferred to Blue Circle and provide access to Cedar Crest Beach by a bridge and road .. connection to West Beach Road. .. 2.2 On April 7, 1997, Council approved report ADMIN-11-97 and directed staff to .. negotiate with Blue Circle respecting the financial package to cover the cost of the Cove Road project in order to transfer Waverly Road in exchange for the Blue .. Circle lands identified in the Trust's report of November 1995. .. 2.3 The residents of the Cedar Crest Beach Road and Watson Drive areas now have access to their properties only via Waverly Road. The acquisition of Cove Road, .. ~ .~ its de,dication as a public highway, and the construction of the proposed bridge . . - .... . . -. '. 0".. ..' to connect Cove Road to Cedar Crest Beach Road would follow the closure and .. conveyance of the portions of Waverly Road in question. The Municipal Act prohibits the closing of a public highway, which is the only access to properties, ... unless access by another public highway is provided. In order to address these considerations, staff has negotiated for, and Blue Circle has agreed to lease to the .. Municipality, the portions of its present haul road and extensions of it shown on the Map contained in Attachment No.2. .. . 2.4 The portion of the haul road and its extensions will be leased to the Municipality .. at a nominal rental, for a term which will expire when Cove Road and the proposed bridge are dedicated as a public highway under the Municipal Act. .. During the term of the lease, the portion of the haul road and its extensions would be dedicated by the Municipality as a public highway so that continuous access .. via a public highway would continue to be provided to the residents of the Cedar Crest Beach Road and Watson Drive areas. .. 4 .. ... - 2.5 For clarification, the residents of the Cedar Crest Beach Road and Watson Drive - areas would utilize the leased portion of the haul road and its extensions for that period of time following the transfer of Waverly Road to Blue Circle (estimated to - be February 1998) until such time as Cove Road and the proposed bridge are dedicated as public highway (estimated to be late Fall 1998). Any unexpected - problems with approvals under relevant Provincial and Federal Legislation or land acquisition could serve to delay construction, thus increasing the length of time - requiring utilization of the leased haul road. - 3.0 CONSTRUCTION OF WESTSIDE CREEK BRIDGE AND IMPROVEMENTS TO COVE ROAD - - 3.1 Preliminary drawings have been prepared by the Municipality's consultants which show the proposed Westside Creek bridge and the improvements that are necessary to bring Cove Road up to Municipal standards. The project includes -~ '~ constructing a bridge spanning Westside Creek including 120 metres of Cedar Crest Beach Road and the full length of Cove Road from the bridge to West Beach Road, a length of 325 metres. - - - - 3.2 The bridge shall be of concrete construction with a horizontal span of 32 metres, one traffic lane wide with a sidewalk on the south side. The design characteristics shall conform with current day criteria. - - 3.3 Cove Road shall be built with a pavement width of 6.5 metres with adjacent sodded shoulders and swales. The local residents have requested that construction designs be established as necessary to retain the present character of the neighbourhood. - - 3.4 Construction of the Westside Creek bridge will require approvals under the Ontario Environmental Assessment Act and the Navigable Waters Protection Act. Staff are continuing to follow up on all other approvals that may be required under - 5 - - relevant Provincial and Federal Legislation. 3.5 We have circulated documentation associated with the proposed project to all affected Provincial and Federal agencies. The Environmental Assessment branch of the Provincial Ministry of the Environment and Energy have determined the project is subject to Schedule B of the Act. This requires the Municipality to publicly advertise the Notice of Project and to allow a 30 calendar day period for public review. This public notice was given as a result of Council's approval of Report WD-51-97 on August 18, 1997. We have catalogued copies of all reports, correspondence etc., in chronological order for public review and comment The requirements of the Act will be fulfilled at the termination of the 30 day period, ending October 10, 1997. However, approval of the undertaking could be delayed should an objector file a notice requesting a bump-up to the Schedule C category of the Act. -~ '~ 3.6 The Canadian Coast Guard (CCG) has declared the open waters ,of Westside. '. . . '. .' - . - ..". -'-. . . March as navigable and subject to the provisions of the Federal Navigable Waters Protection Act. This effect of this declaration is to require the preparation of an Environmental Study Report with subsequent circulation of the report by CCG to other agencies. This process has now commenced and barring any difficulties, we anticipate receiving the necessary approvals by October 31, 1997. 3.7 The decision by staff and Council early in the design process to construct a free- span bridge has been very advantageous. In taking this course of action, construction of the bridge abutments does not take place within the limits of the mouth of the marsh, thereby eliminating or at least minimizing disruption to the waters in question. The Ministry of Natural Resources, CLOCA and the Department of Fisheries and Oceans have recognized that the choice of a free- span structure eliminates or at least minimizes their concerns relating to environmental impacts of the structure. The Canadian Coast Guard (CGG) are of the opinion of the proposal for a free-span structure does not eliminate their 6 ... III ... .. .. .. .. .. .. .. ... III .. .. .. III III ... ... - - concerns respecting environmental impact. The CCG continues to examine the bridge proposal for compliance with the Federal Environmental Assessment Act. - 4.0 STATUS OF NEGOTIATIONS WITH BLUE CIRCLE 4.1 Staff and Blue Circle have been meeting to settle the terms of Principles of Understanding that will achieve the intent of the Waterfront Regeneration Trust's - recommendations to the greatest extent possible. - - 4.2 The implementation of the recommendations will require that: . Blue Circle enter into a legal arrangement with Ontario Hydro, the Federal Department of Fisheries and Oceans, the Ministry of Natural Resources and CLOCA respecting the fish habitat; - - . Blue Circle enter into a legal arrangement with CLOCA respecting the diversion works and lands; and - . the transfer of certain lands to CLOeA, the making of a management agreement. respeqting them by the Mtmicipality and CLOCAand the . . implementation of the plan by CLOCA. - - 4.3 The implementation of the recommendation respecting Waverly Road requires that a temporary replacement public highway be leased from Blue Circle, which will terminate when the Cove Road and the Wests ide Creek Bridge are dedicated as a public highway. The recommendation respecting Cove Road and its connection to Cedarcrest Beach Road via the new Westside Creek Bridge involves the acquisition of certain lands and interests in Cove Road from a number of private owners. - - - - 4.4 Negotiations or actions have been undertaken respecting each of th~ '!bove matters. They will be discussed in detail in a further report to the General Purpose and Administration Committee meeting on October 6, 1997. - - 7 - - 4.5 The first step in implementing the Waterfront Trust's recommendations, referred to above is for Council to hear and consider representations and comments made at Council's meeting on September 29, 1997 respecting the proposed closing of a portion of Waverly Road, the authorization of a conveyance of this land to Blue Circle, and the approval of the dedication of the temporary public highway referred to above. The Principles of Understanding should be considered by Council before a final decision is made respecting the proposed closure, conveyance and dedication. 4.6 For legal reasons, the Principles of Understanding will be made fully conditional on the necessary senior government approvals being granted. In the event that all approvals are not granted by December 31, 1999, the Principles of Understanding will unwind and consequently will not bind either the Municipality or Blue Circle after that date. ~ '~ . 4.7 The main elel'!lents of the Principles that ha:v'e been negotiated to date are the following: · The Municipality will transfer the portion of Waverly Road to be closed which is shown on the map contained in Attachment #2 to Blue Circle if Council decides to pass the necessary by-laws to authorize the closure, conveyance and dedication referred to above and to dedicate the proposed Temporary Public Highway, referred to below. . Blue Circle will lease to the Municipality the haul road which is shown on the m.gp contained in Attachment #2. It is located to the west of Waverly Road and has connections to Waverly Road. The haul road will then be dedicated as a public highway frremporary Public Highway'1 until Cove Road and the Westside Creek Bridge are dedicated as a public highway and the lease is terminated. . On the closing date, Blue Circle will transfer to CLOCA the Marsh Link lands, the Bowmanville Marsh and the Bowmanville Valley lands shown on Attachment #3. Blue Circle will also transfer in escrow to CLOCA the Reconfigured Westside Marsh also shown on Attachment # 3. The transfer to CLOCA will be effective on the closing of the Temporary Public Highway and its release of the lease to Blue Circle. 8 .. .. ... .. .. .. .. .. rill .. .. rill .. ."" .. .. .., .. .. .. . - - . - - - - - .. - .. - .. - - - - - - The lands transferred to CLOCA will be managed as interrelated components of a wetlands complex with adjacent wetlands. (The Marsh Link lands had been intended to be used by Blue Circle as a site for the relocation of its rock crusher.) Blue Circle will enter into an agreement with Ontario Hydro to permit the construction of Westside Creek diversion works on Ontario Hydro lands. CLOCA will manage these works and will be transferred an easement 'interest by Ontario Hydro. . Blue Circle will construct a portion of the diversion works on lands which it now owns and will retain. . The balance of the Westside Marsh will be a future quarry site as shown on the map contained in Attachment #1. . Blue Circle and CLOCA will execute a monitoring and maintenance agreement. They will also execute an agreement with the Federal Department of Fisheries and Oceans and the Ministry of Natural Resources. The agreements will address the construction and maintenance of the Westside Creek diversion works and other flood control works. The installation and maintenance of the bio-engineering works necessary to establish a new fish hafflfat will also b-e:addressed. . CLOCA will manage the lands transferred to it by Blue Circle in accordance with a management agreement which will be made by CLOCA and the Municipality. . The management agreement will provide for the preparation of a management plan according to terms of reference which shall first be approved by the Municipality. The cost of preparing the management plan will be paid by the Municipality and Blue Circle as a contribution to the start-up costs of CLOCA in the management of the Westside Creek/Bowmanville Marsh wetlands complex. . Blue Circle and the Municipality will contribute equal amounts of money to provide start-up funds for CLOCA to assist it in implementing the objectives of the management plan including such matters as tree planting, ponds, snake hibernaculum, trail and look-outs. . Blue Circle and the Municipality will contribute equal amounts of money to fund the cost of implementing the above principles. This will include the estimated cost of reconstructing Cove Road and constructing the Westside Creek Bridge. 9 . Blue Circle will provide for an emergency access through their lands to serve the residents of Cedar Crest Beach. . Blue Circle will not object to modifications to the Regional Official Plan and the Clarington Official Plan which reflect the arrangements. . Blue Circle will not object to the rezoning of their lands which will be conveyed to CLOCA to an Environmental Protection zone. . Blue Circle will relocate the waterfront trail and provide appropriate safety measures (guide rails, security fencing) at its expense. 5.0 CONCLUSION This report is prepared for the purpose of the Public Meeting on the applications: i) to stop up, close and convey a portion of Waverly Road to Blue Circle; and ii) to dedicate a temporary public highway until such time as the improvements to Cove Road and the construction of the Westside Creek bridge is completed. -c~ .~ After hearing the delegations,. it is respectfully recommer:'d~ tha~ the matt~r be . . . . referred back to staff for a report to be considered at General Purpose and Administration Committee on October 6, 1997. Respectfully submitted, Reviewed by, /k;u V~ Stephen A. Vokes, P. Eng. Director of Public Works 1~ W. H. Stockwell Chief Administrative Officer Of/~~ C0k- Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development 10 .. .. .. .. ... .. liliiii .. fill ... .. .. .. fill IIIIli ... III .. IlIIIl - - Attachments 1 . Westside Marsh and Blue Circle Quarry 2. Road Map 3. Lands to be Conveyed to CLOCA - - Interested Parties: - Blue Circle Canada Inc. Port Darlington Community Association Central Lake Ontario Conservation Authority - - - ... - - ... - - ... - - - - --~ '~ 11 ATTACHMENT.1 .. LOT 14 T 13 LOT 12 La 11 Will .. liliiii ... .. .. .. filii ... ... ... .. On tario .. .. WESTSIDE MARSH AND BLUE CIRCLE QUARRY .. 97-041 - _ _ EXISTlNG ---------- EXISTlNG Ul.4lT Of WATERfRONT TRAIL WESTStOE MARSH ........ RELOCAlED ----- EXISTlNG Ul.4lT WATERFRONT TRAIL Of EXrnACTION 0 PROPOSED 2:1 QUARRY IE REVISED Ul.4lT SIDE SLOPE & BENCH Of EXTRACTION [lJ PROPOSED DIVERSION ~ O'VERFl.OW CHANNEL SlOE SLOPE CHANNEL LANDS 2 or 3:1 .. .. III ATTACHMENT 12 - ....-.. (I) ... .... cu > -- ~ - a. -c - c cu Co) -- - - .c ~ a. ... "-'" () c.. --- Q: CO ~ ~ - ~ () -c ~ CO - 0 :5 a: - ... I - - .. --- - -r 12 o ~w ~~ - n~ .....Iw ::Jm ~ - - - - ~~ ATTACHMENT 13 .. LOT 14 LOT 12 LO 11 .. .. .. .. .. III ... .. III BLUE CIRCLE ... LANDS ~- ... .. Ontario ... I OVERFLOW I CHANNEL : 1- LANDS TO BE CONVEYED TO CLOCA ... FROM MUNIClPAUTY OF CURINGTON II IN<<)S CONIIE'rm TO ClOCA III o [jJ PROPOSED 2: 1 QUARRY SlOE SLOPE & BENCH PROPOSED DIVERSION CHANNEL SlOE SLOPE 2 or 3:1 FROMBWEClRCLE ~ IN<<)S CONVEYED TO ~ ct.OCA ON a..ostNG ~ IN<<)S CONIIE'rm TO IlB ct.OCA IN ESCROW .. III . - - - To: - From: Date: - Subject: - - - - - - - - - - - - - - ATTACHMENT #6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Bill Stockwell, Chief Administrative Officer Franklin Wu, M.C.I.P., A.P.P., Director of Planning and Development September 5, 1997 CLOSURE OF WAVERLY ROAD In accordance to By-law 95-22, I hereby recommend that Waverly Ro"ad, south of the C.N.A. be declared surplus, and be closed and conveyed to St. Marys Cement/Blue Circle in exchange for portion of the Westside Marsh land and other lands on both sides of West Beach Road. The said land exchange is necessary to implement the recommendation of the Regeneration Trust and in my opinion, is in compliance with the procedure governing the sale of real property as set out in By-law 95-22. --~: .~ d rtU-tZQ<--~k. Frank *jip .. ATTACHMENT # 7 III . SPECIFICATIONS FOR MANAGEMENT AGREEMENT BETWEEN THE MUNICIPALITY AND THE CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY .. .. Parties and their successors Term of Agreement ... CLOCA to be manager of Wests ide Creek/Bowmanville Marsh Wetland Complex ... Managerial responsibilities of CLOCA including community consultation and consultation with the Municipality and fund-raising from governmental and non- governmental sources Annual capital and operating budgets to be reviewed with the Municipality ... Option to the Municipality to acquire lands and easements transferred to CLOCA pursuant to the Principles for a nominal consideration in the event that CLOCA is dissolved or its composition and powers are materially_ altered from those presently in place, or CLOCA decides to ~l or make a lOhg term lease of the lands or any portion of them ... ... Preparation of a Management Plan in consultation with the Municipality, and members of the community including Blue Circle and the Port Darlington Community Association to address the following issues: III ... . to ensure to the extent reasonably practicable that there will be no net loss overall in wildlife habitat and vegetation through measures that will be designed to appropriately replace the ecological functions of the pres~nt Wests ide Marsh within the Westside/Bowmanville Marsh Wetland Complex; .. .. . to provide for appropriate access to the lands by members of the public including measures to ensure public safety and minimize damage to the ecological functions; ... . to address all constraints including the quarry operations, the existing residential area, the Ontario Hydro operations and the CNR Railway; ... . to provide for interpretation opportunities for the public; .. . to identify implementation actions required to be taken by CLOCA, the Municipality and other public authorities and private sector actors and priority for implementation; III III ... - - ATTACHMENT #7 - 2 - - - - - - - ... - - - - ... - - - - - CLOCA to identify appropriate projects for involvement of members of the community from time to time CLOCA to identify appropriate roles for the various governments, agencies, and members of the community from time to time CLOCA to identify appropriate monitoring activities to measure the health of the ecosystem from time to time and to endeavour to implement remediation measures where appropriate ~ .~ ATTACHMENT #8 /i) l MUNICIPALITY OF ~\J~~r:.~'1g!~r! . ONTARIO November 3, 1997 Mr. Wilson Little, P. Eng. St. Marys Cement Corp. 400 Waverly Road Bowmanville, Ontario L1 C 3K3 Dear Mr. Little: RE: Increase in Annual Tonnage from the Licensed Extraction Area: Blue Circle Quarry - Bowmanville In our negotiations on the Principles of Understanding regarding the Blue Circle lands at Westside Marsh, you have requested that the Municipality of Clarington support an amendment to your extraction licence that would permit an increase in annual tonnage that may be extracted from Blue Circle's licenced quarry in Bowmanville frorri3Tnillion tonnes'f(f 4.5 million tonnes. Subject to Council's approval of this letter at its meeting on November 3, 1997 and provided that. satisfactory technical reports are provided to us demonstrating that there will not be a substantial change in the emission of noise, dust or vibration or unacceptable impact on the road system resulting from the increase in annual tonnage, the Municipality will not object to said increase in your permitted annual tonnage under the Aggregate Resources Act. Yours truly. Franklin Wu, M.C.I.P., R.P.P. Director Planning and Development FW*jip CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~o TEMPERANCE STREET. BOWMANVlllE .ONTARIO 'llC 3A6. (90S) 623.3379. FAX 623-~169 III liliiii .. liliiii .. ... ... .. ... III ... ... ... .. ... .. .. III @ I!t1:CYClf.O .......~R iii - MUNICIPALITY OF CLARINGTON - BY-LAW NO. 97-242 - being a by-law to establish hours of operation for voting locations Memorial Hospital, Bo~nanville and at the Durham County Seniors Citizens Lodge for the 1997 municipal election " WHEREAS Section 43(1) of the Municipal Elections Act, R.S.O. 1990 states that the council of a local municipality may pass a by-law with respect to a voting place located in a retirement home and an in~titution in which 20 or more beds are occupied by persons who are disabled, chronically ill or inf~m, providing for reduced opening hours;' W - - NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON: - 1. THAT the voting location to be located at Memorial Hospital, Bowmanville on November 10, 1997 be open from 11:00 a.m. until 12:00 noon and the voting location to be located at the Durham County Seniors Citizens Lodge on November 10, 1997 be open from 1:00 p.m. until 3:00 p.m. - - By-law read a first and second time this 3rd day of November 1997. By-law read a third time and finally passed this 3rd day of November 1997. - - Diane Hamre, Mayor - Patti L. Barrie, Clerk - - - - - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-243 - being a by-law to amend th~ Collection Agreement (Contract CL94-36) between The Corporation of The Municipality of Clarington and Canadian Waste Services Inc. (formerly Laidlaw Waste Systems Ltd.) WHEREAS the Council of The~ Corporation gf the Municipality of Clarington at its meeting of October 27, 19'97, approved Report WD- 67-97 and the Addendum to it - - NOW THEREFORE THE COUNCIL OF 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, an amendment to the Collection Agreement (Contract CL94-36) between The Corporation of the Municipality of Clarington and Canadian Waste Services Inc. (formerly Laidlaw Waste Systems Ltd.) in order to give effect to the intent of Report WD-67- 97. - - 2. THAT the Amendment to the Agreement attached hereto as Schedule "A", forms part of this by-law. - .. BY-LAW read a first and second time this 3rd day of November, 1997. BY-LAW read a third and final time this 3rd day of November, 1997. - - Mayor - ( \.- - Clerk - - - - - .. { \ / - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-244 - being a by-law to authorize the execution of a Transfer Station Operating Ag~eement with Canadian Waste Services Inc. " - WHEREAS the Council of The Corporation of the Municipality of Clarington at its meeting of October 27, l~97, approved Report WD- 67-97 and the Addendum to it- ~ - NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: - 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of The Corporation of the Municipality of Clarington, a Transfer Station Operating Agreement with Canadian Waste Services Inc., in order to give effect to the intent of Report WD-67-97 - 2. THAT the Transfer Station Operating Agreement attached hereto as Schedule "A" forms part of this by-law. - .. BY-LAW read a first and second time this 3rd day of November, 1997. BY~LAW read a third.~nd final time this 3rd day of November, 1997. - - Mayor .. Clerk - - - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-245 - - being a by-law to authorize the ~xecution of a Lease Agreement with Canadian Waste Services Inc. for the land identified as 178 Darlington/Townline Road - WHEREAS the Council of The Corporation ~f the Municipality of Clarington at its meeting of October 27, 1997, approved Report WD- 67-97 and the Addendum to it - NOW THEREFORE 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, a Lease Agreement with Canadian Waste Services Inc. for the land identified as "Area to be Leased" on Site Layout for 178 Darlington/Clarke Townline Road (all that portion of Lot 1, Broken Front Concession, formerly the Township of Darlington) in order to give effect to the intent of Report WD-67-97 - - - 2. THAT the Lease Agreement attached hereto as Schedule "A" forms part of this by-law. ", - BY-LAW read a first and second time this 3rd day of November, 1997. BY-LAW read a third and final time this 3rd day of November, 1997. - - Mayor - Clerk ... - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-246 - - being a by-law to authorize an e,emption from the requirements of the Purchasing By-law 94- 129, regarding the amendment to the Collection Agreement (Contract CL94-36) between The Corporation of the Municipality of Clarington and Canadian Waste Services Inc. (formerly Laidlaw Waste Systems Ltd.) to e~end contract (CL94-36) for two (2) years ~ - - WHEREAS the Council of The Corporation of the Municipality of Clarington at its meeting of October 27, 1997, approved Report WD- 67-97 and the Addendum to it - NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. - Notwithstanding Purchasing By-law 94-129, an extension of the term of Contract CL94-36 between The Corporation of the Municipality of Clarington and Canadian Waste Services Inc. (formerly Laidlaw Waste Systems Ltd.) for an additional two years (to terminate December 31, 2001), is hereby approved. 2. The Mayor and Clerk are hereby authorized to execute, on behalf of The Corporation of the. Municipality of Cl~rington, , an amendment to the Collection Agreement with Canadian Waste Services Inc. (formerly Laidlaw Waste Systems Ltd.) (Contract CL94-36), in order to give effect to Report WD-60-97. - - ... BY-LAW read a first and second time this 3rd day of November, 1997. BY-LAW read a third and final time this 3rd day of November, 1997. - ... Mayor ... ... Clerk ... - - - ~, .,J.::: - THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-247 - - being a by-law to authorize the execution of Principles of Understanding between Blue Circlc Canada Inc.. and thc Corporation oj" the Municipality of Clarington ) i' - WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; - NOW THEREFORE THE COUNCIL ~F THE CORPOJTION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: - 1. THAT the Mayor and Clerk on behalf of the Municipality are hereby authorized to execute the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington substantially in the form and content of Attachment #4 to Report Admin-47 -97. ... - .. BY-LAW read a fIrst and second time this 3rd day of November, 1997 BY-LAW read a third time and finally passed this 3rd day of November, 1997 ........ - .. - MAYOR - CLERK ... - .. - - - ... THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 97-248 ... ... heing a hy-Iaw to authorize the executiion of a Lease Agreement to the Municipality of Clarington of the lands to comprise the Temporary Public Highway " ... - WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; AND WHEREAS the Director of PUbl~C Works has advisJd Council that the extension of the haul road referred to in Report No. Admin-47-97 has been connected to Waverly Road to his satisfaction and the portion of the haul road identified in Attachment #2 to the Report is in a condition appropriate for a public highway; - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON ENACTS AS FOLLOWS: - 1. The Mayor and Clerk are hereby authorized to execute the Lease to the Municipality of Clarington of the lands which are intended to comprise the "Temporary Public Highway. and which Lease is substantially in the fonn and within the content of Attachment #9 to Report No. Admin-47-97. ... - - BY-LAW read a first and second time this 3rd day of November, 1997 ... BY-LAW read a third time and finally passed this 3rd day of November, 1997. - ... MAYCR .. - CLERK - - .f " - - .. THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 97-249 - being a by-law to establish, layout and open as a public highway Parts 7 and 9 on Reference Plan 40R-17774 and Parts 12 and 13 on Reference plan 40R-I7775 - i, WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; { - ~ ..... - - ~ - AND WHEREAS the Director of Public Works has advised Council that the extension of the haul road referred to in Report No. Admin-47-97 has been connected to Waverly Road to his satisfaction and the portion of the haul road identified in Attachment #2 to the Report is in a condition appropriate for a public highway; - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON ENACTS AS FOLLOWS: - 1. Parts 7 and 9 on Reference Plan 4OR-I7774 and Parts 12 and 13 on Reference Plan 4OR-17775 are hereby established, laid out and opened as a public highway and assumed for public use until a by-law is passed dedicating Cove Road and a bridge proposed to be constructed to join it to Cedar Crest Beach Road, as a public highway. .. .. ... BY-LAW read a first and second time this 3rd day of November, 1997 - BY-LAW read a third time and finally passed this 3rd day of November, 1997. - MAYOR .... .. CLERK - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-250 - being a by-law to declare Parts I, 3 and 5 on Reference Plan 40R-I7774 as surplus real property - I, . - WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; . '. - NOW THEREFORE THE COUNCIL C>F THE CORPO~TION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: - 1. Notwithstanding Section 7 of By-law No. 95-22, .Parts I, 3 and 5 shown on Reference Plan 4OR-17774 are hereby declared to be surplus real property of the Municipality of Clarington. - .. - BY-LAW read a frrst and second time this 3rd day of November, 1997 BY-LAW read a third time and finally passed this 3rd day of November, 1997. - - .. MAYOR - CLERK .. - - - - - - THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 97-251 - being a by-law to stop up and close as a public highway Part 1 on Reference Plan 40R-17774 - WHEREAS Council at its Special Meeting on November 3, 1997 received Report No. WD-64-97 for information and approved Report No. Admlh-47-97; - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON ENACTS AS FOLLOWS: - ~ 1. The portion of Waverly Road which comprises Part 1 on Reference Plan 40R-17774 is hereby stopped up and closed as a public highway. - - - BY-LAW read a fIrst and second time this 3rd day of November, 1997 BY-LAW read a third time and fInally passed this 3rd day of November, 1997. - - - MAYOR - CLERK ... - - - - - - - THE CORPORATION OF THE MUNICIP AUTY OF CLARINGTON - BY-LAW NUMBER 97-252 - being a by-law to authorize the sale and transfer of Parts 1, 3 and 5 on Reference Plan 40R-17774 by the Municipality of Clarington nto Blue Circle Canada Inc. ~ - WHEREAS Council at its Special Meeting on November 3, 1997 received Report No. WD-64-97 for information and approved Report No. Admin-47-97; - AND WHEREAS Council has passed By-law No. 97-251 t~ stop up and close Part 1 shown on Reference Plan 40R-I7774 as a public highway; l' - AND WHEREAS Council has passed By-law No. 97-250 declaring Parts 1,3 and 5 shown on Reference Plan 40R-:I7774 to be surplus real property of the Municipality; - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON ENACTS AS FOLLOWS: - 1. The sale and transfer of the lands more particularly described as Parts 1, 3 and 5 on Reference Plan 40R-17774 by the Municipality to Blue Circle Canada Inc. in accordance with the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington dated November 3, 1997, is hereby approved. - 2. ; The MaYQr and Clerk are authorized on behalf of the Municipality to execute a transfer of Parts i, 3 and 5 on Reference Plan 40R-I7774 to Blue Circle Canada Inc. to implement Section 1 of this by-law. - - - BY-LAW read a first and second time this 3rd day of November, 1997 BY-LAW read a third time and finally passed'this 3rd day of November, 1997. ... - - MAYOR - CLERK - - - - THE CORPORATION OF THE MUNICIPAliTY OF CLARINGTON BY-LAW NUMBER 97-253 ..... being a by-law to authorize a Management Agreement with the Central Lake Ontario Conservation Authority - WHEREAS Council approved the recommendation containe</, in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; .' - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON ENACTS AS FOLLOWS: 1. " Council hereby authorizes the Mayor and Clerk on behalf of the Municipality to execute a Management Agreement with the Central Lake Ontario Conservation Authority respecting the future public lands identified in the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington addressing, among other matters, the issues set out in Attaclunent #6 to Report No. Admin-47-97. - - - - BY-LAW read a fIrst and second time this 3rd day of November, 1997 - BY-LAW read a third time and fInally passed this 3rd day of November, 1997. '. - - - MAYOR - ... CLERK - ... - - - - THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY-LAW NUMBER 97-254 - being a by-law to adopt Modification No. 170 to the Official Plan for the Municipality of Clarington - WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; J, - NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON ENACTS AS FOLLOWS: 1. ~ Proposed Modification No. 170 to the Official Plan for the Municipality of Clarington contained in Schedule 1 attached to and fonning part of this By-law, is hereby approved. - - - - - BY-LAW read a first and second time this 3rd day of November, 1997 BY-LAW read a third time and fmaIly passed this 3rd day of November, 1997. - .. .. MAYOR .. CLERK ... .. ... - - - PURPOSE: filii SCHEDULE 1 TO BY-LAW 97-254 MODIFICATION NO. 170 TO THE CLARINGTON OFFICIAL PLAN .. Deferrals 10,11 and 24 St. Marys Cement and Cove Residential Area .. .' Section 16.5 (Special Policy Area C - St. Marys Cement Corporation) sets out policies related to the quarrying and cement manufacturing facility now owned by Blue Circle Canada Inc. Section 16.5 has been deferred at the request of Blue Circle Canada Inc. (Deferral No. 10). Seclion 17.3 (SPecial Slully Area~ No. 2 - Wcslsillc Marsh/Cove Residential Area) includes the Wests ide Marsh and various residential lands in the adjacent Cove residential community. The preservation of the Marsh and the issue of compatibility between existing residential uses, quarrying activities and other potential industrial uses are to be addressed prior to the approval of land use designations for the lands in Special Study Area No.2. Section 17.3 has been deferred by the Region at the request of Blue Circle Canada Inc. (Deferral No. 11). .. .. .. -f. ,i .. In addition, those portions of Map A3 (Land Use - Bowmanville Urban Area) covered by Special Policy Area C and Special Study Area No.2. as well as a portion of Waverly Road south of the Ontario Hydro corridor are also deferred at the request of Blue Circle Canada Inc. and the Port Darlington Community Association (Deferral No. 24). ... At the request of the Municipality and Blue Circle Canada Inc., the Waterfront Regeneration Trust undertook a process to resolve the issues related to the preservation of Wests ide Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi.faceted solution to these issues. The key recommendations of the Report would involve Blue Circle conveying to the community, a significant portion of the Wests ide Marsh, as welI as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road alIowance to Blue Circle for quarrying purposes. .. .. .. The purpose of this modification is to incorporate policies and land use designations into the Clarington Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the agreement between the Municipality and Blue Circle Canada Inc. .. .. filii .. .. .. .. .. -- SCHEDULE 1 TO BY-LAW 97-254 - 2- - ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified by: - 1. By rcplucing ull rcfcrcnccs to "Sl. Marys Ccmcnt Corporation" with "Blue Circle Canada Inc.~" By deleting Section 16.5.1 and replacing it with the following: - 2. "16.5.1 This area primarily recognizes the licensed extraction area and the cement manufacturing facility of Blue ~ircle Canada Inc. and the Wests ide Marsh. The permitted uses are as follows: - - a) on the lands designated General Industrial, the commercial dock facility existing on October 1, 1997 and a cement manufacturing facility; - - b) on the lands designated Aggregate Extraction Area and subject to the prOVisiOns of Section 16.5.2., aggregate extraction activities and ancillary uses such as a professional office building, a concrete batching plant, a truck terminal, and aggregate processing including the stockpiling of raw and processed materials; - - c) .' on' the lands designated Environmental Protection Area, no development except for protection, conservation and enhancement of ecological systems, passive recreation, and uses related to erosion control and storm water management; and - ... d) on the lands designated Waterfront Greenway, the uses identified in Section 14.7. " 3. Add a new Section 16.5.2 and 16.5.3 as follows and renumbering the remaining sections in Section 16.5: - - - - - - - SCHEDULE 1 TO BY-LAW 97-254 - 3- "16.5.2 16.5.3 fill Aggregate extraction activities and ancillary uses are subject to the following: . a) an aggregate processing plant, concrete batching plant, and truck tenninal shall: ... i) ) dot be located within 700 metres of any residential property located south of Highway 401; and ., b) ii) not be located within 150 metres of t~e water's edge of Lake Ontario. within 700 metres of any residential property, aggregate processing is pennitted provided that any crusher is located 10.7 metres below natural grade ; and .. .. c) for the purposes of Section 16.5.2, natural grade means the grades depicted by the contours shown on a drawing entitled "Existing Features" prepared by MacNaughton Hennsen Britton Clarkson Planning Limited for the Bowmanville Quarry (Job No. "8816'B' St.Mary's Bowm Durh ") dated for submission in accordance with the Aggregate Resources Act on Nov. 9, 1990 provided that in no case shall natural grade include stockpiled material, excavated areas or be deemed to exceed 86 metres above sea level or be deemed to be less than 75.4 metres above sea level. ... III ... .. A portion of Special Policy Area C includes lands which will accommodate the planned diversion of Wests ide Creek, the retention of a significant portion of the Wests ide Marsh existing on October I, 1997, and a habitat linkage area between the Westside Marsh and the Bowmanville Marsh wetlands. These lands shall be managed by an appropriate public authority in conjunction with other public lands so as to conserve and enhance wildlife habitat on-site or .. "" IIIIi .. .. .. .. .. ... ... SCHEDULE 1 TO BY -LAW 97-254 - - - - - - - ... - ... - - - - - - - - 5. - 4- nearby with the objective of achieving no net loss in biodiversity and function. " By deleting the existing Section 16.5.4 (to be renumbered 16.5.6) and replacing it with the following: "16.5.6 6. Any rehabilitation plan or amendment to a rehabilitation plan for the aggregate extraction area shall address, among other matters, the following: a) the relationship of the lands to be rehabilil'lted to the Wests ide Marsh and related fands referred to in Section 16.5.3.; b) the land uses permitted within Special Policy Area C; c) the provisions of this Plan dealing with Bowmanville's urban waterfront; and d) the provision of attractive, connected and accessible public spaces appropriately located. Before submission of a rehabilitation plan or an amended rehabilitation plan to the Province for approval, the owner shall meet with the Municipality and Conservation Authority to obtain their input and comments on the matters referred to in this section. The owner shall objectively consider but not necessarily follow such comments in finalizing a rehabilitation plan or amended rehabilitation plan. " "16.11 By adding the following new section: 16.11.1 SPECIAL POLICY AREA I - COVE RESIDENTIAL AREA Special Policy Area I recognizes the historic residential community known as the Cove,_Existing residential dwellings and limited infilling is permitted on private sewer or water services. fill SCHEDULE 1 TO BY-LAW 97-254 - 5- .. 16.11.2 The creation of new lots shall meet the requirements of Sections 12.3.5 and 23.7 of this Plan. .. 7. By .deleting Section 17.3 and iy corresponding subsections in their entirety. . 8. By modifying Map A3 as indicated by Exhibit 1 to this modification. fill Exhibit 1 attached hereto shall form ~arl of this modificlItion. fill III fill .. f (,' fill .. .. .. .. fill .. III III .. IIIlI - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY .LA W NUMBER 97-255 - being a by-law to authorize the request of the Regional Municipality of Durham to approve modifications to the Durham Regional Official Plan - /, - WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; - NOW THEREFORE THE COUNCIL-OF THE CORP04TION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: - 1. The Regional Municipality of Durham is hereby requested to approve the modifications to the Official Plan for the Regional Municipality of Durham contained in Schedule 1 attached to and forming part of this By-law. - ... BY-LAW read a first and second time this 3rd day of November, 1997 ... BY-LAW read a third time and finally passed this 3rd day of Noyember,1997. .. - Diane Hamre, Mayor -- Patti L. Barrie, Clerk - - ... .... - - - PURPOSE: III SCHEDULE 1 TO BY-LAW 97-255 MODIFICATION TO THE DURHAM REGIONAL OFFICIAL PLAN Deferral #1 .. At the request of the Municipality of Clarington and Blue Circle Canada Inc. (formerly St. Marys Cemel}t Corporation), the Waterfront Regeneration Trust undertook a proceS's to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to thesl~ issues. The key recommendations"'of the Report woul4linvolve SI. Marys conveying to the community, a significant portion of tile Wests ide Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to St. Marys for quarrying purposes. The relocation of Wests ide Creek, which feeds into the Marsh, would also be required. II1II .. .. III The purpose of this modification is to incorporate policies and land use designations into the Durham Regional Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the settlement between the Municipality of Clarington and Blue Circle Canada Inc. .. IIIIli ACfUAL MODIFICATION: The Durham Regional Official Plan is hereby modified by: 1. In Section 18.2.2 by changing alI references from "St. Marys . Cement" to "Blue Circle Canada Inc.". .. ...., 2. In subsection b) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," .. 3. In subsection c) of 18.2.2 by deleting the words "In the course of preparing a waterfront plan," .. 4. In subsection (d) of 18.2.2 by deleting the words "Mineral Aggregate Resource Policy Statement (MARPS)" to "Provincial Policy Statement". .. .. "" .. III .. filii ... - - - - - - - - - - - - - - - - - - - . ;'\ SCHEDULE 1 TO BY-LAW 97.255 - 2 - 5. By adding a new subsection (e) as follows: 6. "e) Wests ide Marsh is recognized as a provincially significant wetland and is subject to an aggregate extraction Licence issued under the Aggregate Resources Act. The Region recognizes and supports the agreement between the Municipat'ity of Clarington and Blue Circle which allows for the reduction of the total licensed area, the closing of a portion of Waverly Road, the retention of a portion of the Marsh and the conveyance of approximately 40 ha of lands into public ownership for management as part l' a wetland complex. By amending Schedule 4 for Aggregate Resource Extraction Area 97 by reducing the area from "252" to "227".